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2022 02 15 Council CITY COUNCIL AGENDA Page 1 of 8 FEBRUARY 15, 2022 CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBER 78495 Calle Tampico, La Quinta REGULAR MEETING ON TUESDAY, FEBRUARY 15, 2022 3:30 P.M. CLOSED SESSION | 4:00 P.M. OPEN SESSION ****************************** SPECIAL NOTICE Teleconferencing and Telephonic Accessibility In Effect Pursuant to Executive Orders N-60-20 and N-08-21 executed by the Governor of California, and subsequently Assembly Bill 361 (AB 361, 2021), enacted in response to the state of emergency relating to novel coronavirus disease 2019 (COVID-19) and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.), members of the public, the City Council, the City Manager, City Attorney, City Staff, and City Consultants may participate in this regular meeting by teleconference. Members of the public wanting to listen to the open session of the meeting may do so by tuning-in live via http://laquinta.12milesout.com/video/live.   Members of the public wanting to address the City Council, either for a specific agenda item or matters not on the agenda are requested to follow the instructions listed below: Written public comments – can be provided in-person during the meeting or emailed to the City Clerk’s Office at CityClerkMail@LaQuintaCA.gov preferably by 2:00 p.m. on the day of the meeting, and will be distributed to the City Council, incorporated into the agenda packet and public record of the meeting, and will not be read during the meeting unless, upon the request of the Mayor, a brief summary of any public comment is asked to be read, to the extent the City Clerk’s Office can accommodate such request. City Council agendas and staff reports are available on the City’s web page: www.LaQuintaCA.gov  CONSENT CALENDAR ITEM NO. 11 WAS MOVED TO BUSINESS SESSION ITEM NO. 2 CITY COUNCIL AGENDA Page 2 of 8 FEBRUARY 15, 2022 The email “subject line” must clearly state “Written Comments” and list the following: 1) Full Name 4) Public Comment or Agenda Item Number 2) City of Residence 5) Subject 3) Phone Number 6) Written Comments *** TELECONFERENCE PROCEDURES *** Verbal public comments via Teleconference – members of the public may attend and participate in this meeting by teleconference via Zoom and use the “raise your hand” feature when public comments are prompted by the Mayor; the City will facilitate the ability for a member of the public to be audible to the City Council and general public and allow him/her/they to speak on the item(s) requested. Please note – members of the public must unmute themselves when prompted upon being recognized by the Mayor, in order to become audible to the City Council and the public. Only one person at a time may speak by teleconference and only after being recognized by the Mayor. ZOOM LINK: https://us06web.zoom.us/j/82540879912 Meeting ID: 825 4087 9912 Or join by phone: (253) 215 – 8782 It would be appreciated that any email communications for public comments related to the items on the agenda, or for general public comment, are provided to the City Clerk’s Office at the email address listed above prior to the commencement of the meeting. If that is not possible, and to accommodate public comments on items that may be added to the agenda after its initial posting or items that are on the agenda, every effort will be made to attempt to review emails received by the City Clerk’s Office during the course of the meeting. The Mayor will endeavor to take a brief pause before action is taken on any agenda item to a llow the City Clerk to review emails and share any public comments received during the meeting. All emails received by the City Clerk, at the email address above, until the adjournment of the meeting, will be included within the public record relating to the meeting. ****************************** CALL TO ORDER ROLL CALL: Councilmembers: Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the City Council on any matter not listed on the agenda by providing written public comments either in-person or via email as indicated above; or provide verbal public CITY COUNCIL AGENDA Page 3 of 8 FEBRUARY 15, 2022 comments either in-person or via teleconference by joining the meeting virtually at https://us06web.zoom.us/j/82540879912 and use the “raise your hand” feature when prompted by the Mayor. Members of the public attending the meeting in-person are requested to complete a “Request to Speak” form and submit it to the City Clerk. Please limit your comments to three (3) minutes (or approximately 350 words). The City Council values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by the Brown Act [Government Code § 54954.2(b)]. CONFIRMATION OF AGENDA CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OR (3) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1) RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. REPORT ON ACTION(S) TAKEN IN CLOSED SESSION PLEDGE OF ALLEGIANCE PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the City Council on any matter not listed on the agenda by providing written public comments either in-person or via email as indicated above; or provide verbal public comments either in-person or via teleconference by joining the meeting virtually at https://us06web.zoom.us/j/82540879912 and use the “raise your hand” feature when prompted by the Mayor. Members of the public attending the meeting in-person are requested to complete a “Request to Speak” form and submit it to the City Clerk. Please limit your comments to three (3) minutes (or approximately 350 words). The City Council values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by the Brown Act [Government Code § 54954.2(b)]. ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS 1. TALUS – PROJECT STATUS UPDATE CITY COUNCIL AGENDA Page 4 of 8 FEBRUARY 15, 2022 CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAGE 1. ADOPT ORDINANCE NO. 598 ON SECOND READING ADDING SECTION 14.16.415 TO THE LA QUINTA MUNICIPAL CODE ESTABLISHING REGULATIONS FOR THE MAINTENANCE OF ANY PUBLIC RIGHT-OF-WAY 9 2. RECEIVE AND FILE FISCAL YEAR 2020/21 ART IN PUBLIC PLACES ANNUAL REPORT 17 3. APPROVE ON-SITE AND OFF-SITE REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENTS FOR TRACT MAP NO. 30138, A RESIDENTIAL DEVELOPMENT LOCATED ON THE NORTH SIDE OF AVENUE 52 WEST OF MADISON STREET 23 4. APPROVE ON-SITE AND OFF-SITE REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENTS FOR TRACT MAP NO. 31249, CANTERA, A RESIDENTIAL DEVELOPMENT LOCATED ON THE SOUTH SIDE OF AVENUE 58 WEST OF MADISON STREET 47 5. AUTHORIZE OVERNIGHT TRAVEL FOR MANAGEMENT ASSISTANT TO ATTEND CITY CLERKS’ ASSOCIATION OF CALIFORNIA TECHNICAL TRAINING FOR CLERKS SERIES 200 IN RIVERSIDE, CALIFORNIA, MARCH 15-18, 2022 69 6. AUTHORIZE OVERNIGHT TRAVEL FOR FINANCIAL SERVICES ANALYST TO ATTEND THE CALIFORNIA MUNICIPAL TREASURERS’ ASSOCIATION ANNUAL CONFERENCE IN NEWPORT BEACH, CALIFORNIA, MAY 4-5, 2022 71 7. AFFIRM RESOLUTION NO. 2021-035 FINDINGS RELATED TO THE STATE OF EMERGENCY DUE TO COVID-19 AUTHORIZING THE CITY MANAGER TO CONTINUE TO IMPLEMENT TELECONFERENCE ACCESSIBILITY TO CONDUCT PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 (STATS. 2021, CH. 165) 73 8. APPROVE DEMAND REGISTERS DATED JANUARY 28 AND FEBRUARY 4, 2022 79 9. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED NOVEMBER 30, 2021 95 10. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE CITYWIDE STRIPING REFRESH (PROJECT NO. 2021-04) 101 CITY COUNCIL AGENDA Page 5 of 8 FEBRUARY 15, 2022 11. Pulled from Consent Calendar by Staff and considered as Business Session No. 2 >>> APPROVE REQUEST TO AMEND THE LAW ENFORCEMENT SERVICE AGREEMENT WITH RIVERSIDE COUNTY SHERIFF’S DEPARTMENT TO CONVERT TWO TRAFFIC CAR POSITIONS TO TRAFFIC MOTOR POSITIONS 105 BUSINESS SESSION PAGE 1. APPROPRIATE HIGHWAY BRIDGE PROGRAM ADVANCED CONSTRUCTION FUNDING IN THE AMOUNT OF $14,936,122; APPROVE AGREEMENT FOR CONTRACT SERVICES WITH TY LIN INTERNATIONAL TO PROVIDE CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES; APPROVE PLANS, SPECIFICATIONS AND ENGINEER’S ESTIMATE, AND AUTHORIZE FOR BID THE DUNE PALMS ROAD BRIDGE PROJECT NO. 2011-05, LOCATED ON DUNE PALMS ROAD OVER THE COACHELLA VALLEY STORM WATER CHANNEL 123 2. Pulled from Consent Calendar by Staff and considered as Business Session No. 2 >>> APPROVE REQUEST TO AMEND THE LAW ENFORCEMENT SERVICE AGREEMENT WITH RIVERSIDE COUNTY SHERIFF’S DEPARTMENT TO CONVERT TWO TRAFFIC CAR POSITIONS TO TRAFFIC MOTOR POSITIONS 105 STUDY SESSION - None PUBLIC HEARINGS – after 5:00 p.m. For all Public Hearings on the agenda, a person may provide public comments in support or opposition of a project(s). If you challenge a project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at, or prior to the public hearing. A person may submit written comments either in-person or via email at CityClerkMail@LaQuintaCA.gov; or provide verbal comments during the public hearing either in-person or via teleconference by joining the meeting virtually at https://us06web.zoom.us/j/82540879912 and use the “raise your hand” feature when prompted by the Mayor. Members of the public attending the meeting in-person are requested to complete a “Request to Speak” form and submit it to the City Clerk prior to consideration of the item. PAGE 1. ADOPT RESOLUTIONS TO ADOPT A NEGATIVE DECLARATION (EA 2021- 0010) AND A GENERAL PLAN AMENDMENT (GPA 2020-0001), FOR THE 2022-2029 HOUSING ELEMENT UPDATE AND UPDATES TO 2035 251 CITY COUNCIL AGENDA Page 6 of 8 FEBRUARY 15, 2022 GENERAL PLAN CHAPTER IV, ENVIRONMENTAL HAZARDS (SAFETY ELEMENT); CEQA: A NEGATIVE DECLARATION WAS PREPARED UNDER ENVIRONMENTAL ASSESSMENT 2021-0010; LOCATION: CITY-WIDE [RESOLUTION NOS. 2022-003 AND 2022-004] 2. REQUEST TO CONTINUE PUBLIC HEARING TO APPROVE DEVELOPMENT AGREEMENT FOR POLO VILLAS RESIDENCES; CEQA: THE PROJECT IS CONSISTENT WITH PREVIOUSLY ADOPTED ENVIRONMENTAL ASSESSMENTS 2005-537 AND 2010-608; LOCATION: WEST OF MADISON STREET BETWEEN AVENUES 50 AND 52 615 DEPARTMENTAL REPORTS 1. CITY MANAGER 2. CITY ATTORNEY 3. CITY CLERK – 2021 ANNUAL REPORT – STVR PROGRAM 705 4. COMMUNITY RESOURCES – QUARTERLY REPORT OCTOBER – DECEMBER 2021 709 5. DESIGN AND DEVELOPMENT – QUARTERLY REPORT OCTOBER – DECEMBER 2021 AND 2021 ANNUAL REVIEW 717 6. FINANCE 7. PUBLIC WORKS – QUARTERLY REPORT OCTOBER – DECEMBER 2021 723 8. POLICE – QUARTERLY REPORT OCTOBER – DECEMBER 2021 731 9. FIRE – QUARTERLY REPORT OCTOBER – DECEMBER 2021 733 MAYOR’S AND COUNCIL MEMBERS’ ITEMS REPORTS AND INFORMATIONAL ITEMS 1. CVAG CONSERVATION COMMISSION (Evans) 2. CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE (Evans) 3. CVAG EXECUTIVE COMMITTEE (Evans) 4. GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (Evans) 5. IMPERIAL IRRIGATION DISTRICT – COACHELLA VALLEY ENERGY COMMISSION (Evans) 6. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans) 7. COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (Evans) 8. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans) 9. ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Fitzpatrick) 10. COACHELLA VALLEY MOUNTAINS CONSERVANCY (Fitzpatrick) 11. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & Radi) 12. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Fitzpatrick & Peña) 13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick) 14. SILVERROCK EVENT SITE AD HOC COMMITTEE (Fitzpatrick) 15. CANNABIS AD HOC COMMITTEE (Peña and Sanchez) CITY COUNCIL AGENDA Page 7 of 8 FEBRUARY 15, 2022 16. CVAG PUBLIC SAFETY COMMITTEE (Peña) 17. CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE (Peña) 18. LEAGUE OF CALIFORNIA CITIES – PUBLIC SAFETY POLICY COMMITTEE (Peña) 19. IMPERIAL IRRIGATION DISTRICT – ENERGY CONSUMERS ADVISORY COMMITTEE (Peña) 20. COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (Peña) 21. COVID-19 SMALL BUSINESS EMERGENCY ECONOMIC RELIEF PROGRAM AD HOC COMMITTEE (Peña and Radi) 22. GREATER CV CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE (Radi) 23. CVAG TRANSPORTATION COMMITTEE (Radi) 24. SUNLINE TRANSIT AGENCY (Radi) 25. CITYWIDE SECURITY CAMERAS AD HOC COMMITTEE (Radi) 26. DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Radi & Sanchez) 27. ANIMAL CAMPUS COMMISSION (Sanchez) 28. LEAGUE OF CALIFORNIA CITIES – TRANSPORTATION, COMMUNICATION AND PUBLIC WORKS POLICY COMMITTEE (Sanchez) 29. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez) ADJOURNMENT ********************************* The next regular meeting of the City Council will be held on March 1, 2022, at 4:00 p.m. at the City Hall Council Chambers, 78495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Monika Radeva, City Clerk, of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council meeting was posted on the City’s website, near the entrance to the Council Chambers at 78495 Calle Tampico, and the bulletin boards at the Stater Brothers Supermarket at 78630 Highway 111, and the La Quinta Cove Post Office at 51321 Avenida Bermudas, on February 11, 2022. DATED: February 11, 2022 MONIKA RADEVA, City Clerk City of La Quinta, California Public Notices  The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk’s office CITY COUNCIL AGENDA Page 8 of 8 FEBRUARY 15, 2022 at (760) 777-7123, twenty-four (24) hours in advance of the meeting and accommodations will be made.  If special electronic equipment is needed to make presentations to the City Council, arrangements should be made in advance by contacting the City Clerk’s office at (760) 777-7123. A one (1) week notice is required.  If background material is to be presented to the Councilmembers during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting.  Any writings or documents provided to a majority of the City Council regarding any item(s) on this agenda will be made available for public inspection at the Community Development counter at City Hall located at 78495 Calle Tampico, La Quinta, California, 92253, during normal business hours. City of La Quinta CITY COUNCIL MEETING: February 15, 2022 STAFF REPORT AGENDA TITLE: ADOPT ORDINANCE NO. 598 ON SECOND READING ADDING SECTION 14.16.415 TO THE LA QUINTA MUNICIPAL CODE ESTABLISHING REGULATIONS FOR THE MAINTENANCE OF ANY PUBLIC RIGHT-OF-WAY RECOMMENDATION Adopt Ordinance No. 598 on second reading. EXECUTIVE SUMMARY Periodic updates to the La Quinta Municipal Code (LQMC) are necessary to align the Code with current best practices and update terms. On February 1, 2022, Council introduced Ordinance No. 598 adding Section 14.16.415 to the LQMC to establish regulations for the maintenance of any public right-of-way. FISCAL IMPACT – None. BACKGROUND/ANALYSIS Periodic updates to the LQMC are necessary to align with current best practices, consolidate provisions, remove unnecessary detail, provide for flexibility, and update terms. The City has the authority to regulate public right-of-ways within the City. In May 2021, Council amended the LQMC and added language which established regulations related to right-of-ways as listed below (Ordinance 592 redline version is included as Attachment 1): Section 14.16.040 – unlawful encroachments on public right-of-way is a violation of law subject to remediation, and CONSENT CALENDAR ITEM NO. 1 9  Section 14.16.110 – liability for damages is likewise assigned by operation of law to the owner of an unauthorized encroachment in a right-of-way. The amendments above were based on the recommendation from the California Joint Powers Insurance Authority to clarify that (i) unlawful encroachments on a public right-of-way is a violation of law subject to remediation, and (ii) liability for damages is likewise assigned by operation of law to the owner of an unauthorized encroachment in a right-of-way. To clarify the maintenance requirements generated by the above listed amendments, on February 1, 2022, Council introduced Ordinance No. 598 to add “Section 14.16.415 - Regulations for the maintenance of any public right- of-way” to the LQMC. ALTERNATIVES As Council approved this ordinance at first reading, staff does not recommend an alternate. Prepared by: Monika Radeva, City Clerk Approved by: Jon McMillen, City Manager 10 ORDINANCE NO. 598 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING SECTION 14.16.415 TO THE LA QUINTA MUNICIPAL CODE ESTABLISHING REGULATIONS FOR THE MAINTENANCE OF ANY PUBLIC RIGHT-OF-WAY WHEREAS, the City has the authority to regulate public rights-of-way within the City; and WHEREAS, on May 4, 2021, Council adopted Ordinance No. 592, amending Sections 14.16.040 and 14.16.110 of the La Quinta Municipal Code (LQMC) related to the unauthorized use of a public right-of-way without a valid encroachment permit, and liability for damages assigned to a permittee of an encroachment permit on a right-of-way, respectively, within the City; and WHEREAS, the LQMC amendments above were based on the recommendation from the California Joint Powers Insurance Authority (CJPIA), and were intended to clarify that (i) unlawful encroachments on a public right-of-way is a violation of law subject to remediation, and (ii) liability for damages is likewise assigned by operation of law to the owner of an unauthorized encroachment in a right-of-way, as more particularly set forth in this Ordinance; and WHEREAS, the maintenance requirements generated by the above listed amendments should be clarified and added to the LQMC; and WHEREAS, the proposed Section 14.16.415 would establish regulations for the maintenance of any public right-of-way. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. Section 14.16.415 shall be added to the LQMC as written in "Exhibit A" attached hereto and incorporated herein by reference. SECTION 2. Corrective Amendments: The City Council does hereby grant the City Clerk the ability to make minor amendments and corrections of typographical or clerical errors to "Exhibit A" to ensure consistency of all approved text amendments prior to the publication in the La Quinta Municipal Code. 11 Ordinance No. 598 Adding Section 14.16.415 – Regulations for the maintenance of any public right-of-way to the LQMC Adopted: February 15, 2022 Page 2 of 5 SECTION 3. Posting: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. SECTION 4. Effective Date: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 5. Severability: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 15th day of February, 2022 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________ LINDA EVANS, Mayor City of La Quinta, California 12 Ordinance No. 598 Adding Section 14.16.415 – Regulations for the maintenance of any public right-of-way to the LQMC Adopted: February 15, 2022 Page 3 of 5 ATTEST: _______________________ MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: ___________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 13 Ordinance No. 598 Adding Section 14.16.415 – Regulations for the maintenance of any public right-of-way to the LQMC Adopted: February 15, 2022 Page 4 of 5 Section 14.16.415 – Regulations for the maintenance of any public right-of-way. A. Regulations for the maintenance of rights-of-ways. All landowners, lessors, lessees, and residents of any property bordering, adjoining or contiguous to a public right-of-way shall maintain all surface areas within the right-of-way, including sidewalks and curbs, in a clean, safe and efficient manner. Maintenance shall include, but not be limited to, removal of trash and debris, trimming trees so as not to prevent safe and unobstructed pedestrian and vehicle travel, tree limbs and vegetation trimmed back from the edge of streets, alleys, and sidewalks at least (8) feet above sidewalks and at least (14) feet above streets and alleys, and keeping all grass and weeds trimmed or mowed to a height not to exceed twelve (12) inches. EXHIBIT A 14 Ordinance No. 598 Adding Section 14.16.415 – Regulations for the maintenance of any public right-of-way to the LQMC Adopted: February 15, 2022 Page 5 of 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, MONIKA RADEVA, 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. 598 which was introduced at a regular meeting on the 1st day of February, 2022, and was adopted at a regular meeting held on the 15th day of February, 2022, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No. 2015-023. _______________________ MONIKA RADEVA, City Clerk City of La Quinta, California DECLARATION OF POSTING I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on February 16th, 2022, pursuant to Council Resolution. _______________________ MONIKA RADEVA, City Clerk City of La Quinta, California 15 16 City of La Quinta CITY COUNCIL MEETING: February 15, 2022 STAFF REPORT AGENDA TITLE: RECEIVE AND FILE FISCAL YEAR 2020/21 ART IN PUBLIC PLACES ANNUAL REPORT RECOMMENDATION Receive and file the Fiscal Year 2020/21 Art in Public Places Annual Report. EXECUTIVE SUMMARY •Per the Municipal Code, the City must expend or commit fees from the Art in Public Places (APP) program within two years of receipt and monies collected must be accounted for in a separate fund. •An annual review of administrative expenses is required. There were no administrative expenses for 2020/21. •Attachment 1 presents the required analysis; the City has complied with the time limit for expenditure of fees and there are no findings to report. FISCAL IMPACT – None BACKGROUND/ANALYSIS The City’s APP fund is governed by the Municipal Code. Annually, the City must demonstrate that it has complied with the following: •A determination whether the fees have been committed for use within two years of collection. Fees may be used for: ✓The cost of public art and its installation; ✓The cost to purchase or lease art sites; ✓Waterworks, landscaping, lighting and other objects, which are an integral part of the artwork; ✓Frames, mats, pedestals and other objects necessary for the proper presentation and installation of the artwork; ✓Walls, pools, landscaping or other architectural or landscape architectural elements necessary for the proper aesthetic and structural placement of the artwork; ✓Maintaining and repairing artwork; CONSENT CALENDAR ITEM NO. 2 17 ✓ Administrative expenses to otherwise implement the APP program; ✓ Endowments; and ✓ Art replacement. • A review of administrative expenses to ensure they were reasonably assessed to implement this program and that they do not exceed five percent of the total funds in the account on July 1 of any year or $25,000 in any fiscal year. If fees collected are not committed for the aforementioned uses, they are returned to the contributor. Staff analyzed APP fund revenues and expenditures, and no reimbursements are due to contributors. There were no administrative costs. During 2020/21, APP funds were used to paint art murals and maintain and preserve art pieces as detailed in Attachment 1. During FY 2020/21, the City installed an art mural called “Bloom” created by Artist Nathan Frizzell. The mural is pictured to the right and is located on the corner of Fred Waring Drive and Adams Street. Each year this report is also provided to the Desert Valley Builders Association (DVBA), the Building Industry Association (BIA), and the Gas Company. On February 4, 2022, the City received a letter of satisfaction from the DVBA (Attachment 2). To date, no other correspondence has been received regarding this report. ALTERNATIVES As this report is a requirement of the Municipal Code, staff does not recommend an alternative. Prepared by: Claudia Martinez, Finance Director Approved by: Jon McMillen, City Manager Attachments: 1. Art in Public Places FY 2020/21 Annual Financial Report 2. Desert Valley Builders Association Review 18 City of La Quinta ATTACHMENT 1 Art in Public Places (Fund 270) FY 2020/21 Beginning Ending Account Description Fund Balance at 7/1/2020 FY 20/21 Fund Balance at 6/30/2021 Revenues & Other Sources: Developer fees 84,977 Interest income 956 Transfers In from the General Fund 50,000 Total Sources 135,933$ Expenditures & Other Uses Art Purchases 13,500 Maintenance of Public Art 49,845 Project Administration Transfers Out for Construction Art Project Total Uses 63,345 Total Available 692,026$ 72,589$ 764,615$ Two Year Test Using First In First Out Method Summary of Funds Beginning Fund Balance Revenues Collected Expenditures Committed Unspent June 30, 2017 566,985 47,660 64,312 522,000 28,333 June 30, 2018 550,334 43,391 84,699 522,000 (12,974) June 30, 2019 509,026 119,733 92,512 760,000 (223,753) June 30, 2020 536,248 197,457 41,679 697,200 (5,174) June 30, 2021 692,026 135,933 63,345 729,200 35,414 Total Revenue For Last Five Years 544,174$ 346,547$ Result : Two Year Spent or Committed Test Met. Future commitments for unspent funds are detailed below. Art in Public Places Expenses and Future Commitments Capital Projects and Expenses FY 20/21 Committed % Complete*% funded with fee Sculpture Restorations and Maintenance 49,641 - 100%100% Acknowledgement Plaques and Signs 204 - 100%100% Bloom art mural, By: Nathan Frizzell 13,500 - 100%100% 111205 Dune Palms Bridge Improvements - 193,965 13%1% 151603 La Quinta Village Complete Streets - 88,235 78%1% 201608 SilverRock Event Space - 315,000 71%5% 201709 Jefferson/Avenue 53 Roundabout - 5,000 9%0.24% FY 2021/22 Budget for Art Purchases and Maintenance - 127,000 0%55% Total 63,345 729,200 * Percentage completed as of June 30, 2021 The Art in Public Places fund is used to account for fees paid in lieu of acquisition, installation, replacement, maintenance and repair of approved art works at approved sites. The fees are refundable if not expended or committed within two years. 19 20 ATTACHMENT 221 22 City of La Quinta CITY COUNCIL MEETING: February 15, 2022 STAFF REPORT AGENDA TITLE: APPROVE ON-SITE AND OFF-SITE REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENTS FOR TRACT MAP NO. 30138, A RESIDENTIAL DEVELOPMENT LOCATED ON THE NORTH SIDE OF AVENUE 52 WEST OF MADISON STREET RECOMMENDATION Approve the On-Site and Off-Site Replacement Subdivision Improvement Agreements for Tract Map No. 30138 and authorize the City Manager to execute said agreements. EXECUTIVE SUMMARY •In 2006, the original developer of this tract, La Quinta Developers, LLC, recorded a final map and executed on-site and off-site Subdivision Improvement Agreements (SIAs). During the economic downturn, they lost the property through foreclosure after completing some, but not all, of the improvements. •La Quinta 47, LLC (New Developer) has recently acquired interest in the property and desires to enter into replacement of on-site and off-site SIAs and bonds for the design and construction of the remaining public and private improvements associated with this tract. •The replacement SIAs and bonds will ensure construction and acceptance of the remainder of the improvements for this tract. FISCAL IMPACT – None BACKGROUND/ANALYSIS Tract Map No. 30138 is a residential development located at the north side of Avenue 52 west of Madison Street (Attachment 1). Some of the on-site improvements have been installed, including a portion of the onsite water and sewer improvements and a portion of the rough grading. No homes have been built in the tract. Remaining off-site improvements include sidewalk, landscaping, and signing and striping. Staff has reviewed the on-site and off-site improvement plans from the New Developer. The remaining on-site improvements include storm drain, sewer, water, street, walls, dry utilities, landscaping, and setting monumentation. The remaining off-site improvements include installing sidewalk, signing, and striping, landscaping, and setting monumentation. The attached replacement CONSENT CALENDAR ITEM NO. 3 23 SIAs (Attachment 2) replace La Quinta Developers, LLC, with La Quinta 47, LLC as obligee for the construction and guarantor of the remaining on-site and off- site improvements. ALTERNATIVES Staff does not recommend an alternative. Prepared by: Amy Yu, Associate Engineer Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. Vicinity Map 2. Replacement Subdivision Improvement Agreements (On-Site and Off-Site) 24 V I C I N I T Y M A P NOT TO SCALE Tract Map No. 30138 25 26 1 of 9 CITY OF LA QUINTA REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 30138 ON-SITE IMPROVEMENTS THIS REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this ________________________________ day of ___________________________, 2022, by and between La Quinta 47, LLC, a California limited liability company, hereinafter referred to as "Builder," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. A final map of the Tract has been approved and recorded subject to the Subdivision Laws and to the requirements and conditions contained in City Council Resolution No. 2005-069 (the “Resolution of Approval”). The Resolution of Approval is on file in the office of the City Clerk and is incorporated into this Agreement by reference. B. On or about October 7, 2006, Builder’s predecessor in interest, La Quinta Developers, LLC, a Delaware limited liability company, entered into the original Subdivision Improvement Agreement for the above- referenced subdivision. SoCal Portfolio I LP, a Delaware limited partnership, later obtained interest in the Tract and entered into a Development Improvement Agreement on or about May 14, 2013 for the above-referenced subdivision. In this Agreement, La Quinta Developers, LLC and SoCal Portfolio I LP are referred to collectively as the “Previous Subdividers”. C. The Previous Subdividers has constructed certain of the improvements (“Installed Improvements”) required pursuant to the Resolution of Approval, but that those improvements have not yet been accepted by the City. D. Builder has agreed to install the remaining public and private improvements (the “Remaining Improvements") associated with this tract map. E. The Remaining Improvements have not been installed and accepted at this time. F. The Installed Improvement and the Remaining Improvements are referred to collectively hereinafter as “the Improvements.” G. It is therefore necessary that Builder and City enter into an agreement for the installation of the Remaining Improvements, and any final work needed in order for the Installed Improvements to be accepted. Builder desires to enter into this Agreement, whereby Builder promises to install and complete, at Builder’s own expense, all the remaining public improvement work required by City in connection with the proposed Tract. Builder has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Builder shall furnish complete original improvement plans for the construction, installation and completion of the Improvements meeting the requirements of the City Engineer. The Improvement Plans for the Tract shall be maintained on file in the office of the City Engineer and shall be incorporated into this Agreement by reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the Improvements as approved by the City Engineer. 2. Improvements. Builder shall construct the Improvements required to be constructed or agreed to be constructed under the Resolution of Approval and this Agreement as more specifically described in Exhibit "A." attached hereto and expressly made a part hereof by this reference, and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 27 2 of 9 3. Improvement Security. Builder shall at all times guarantee Builder’s performance of this Agreement by furnishing to City, and maintaining, good and sufficient security as required by the Subdivision Laws on forms and in the amounts approved by City for the purposes as follows: A. One class of security to be provided by Builder, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Builder’s fair share of Improvements which have been or will be constructed by others (“Participatory Improvements”), and payment of plan check and permit fees. The performance security shall also include good and sufficient security in the amount of one hundred percent (100%) of the estimated cost of setting subdivision monuments as stated hereafter in this Agreement (“Monumentation Security”). A second class of security to be provided by Builder, 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 Builder, 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. Builder shall furnish performance and payment security prior to permit issuance. Builder shall provide warranty security after Improvements are complete and prior to the City Council acceptance of the Improvements. Warranty security shall not be required for Monumentation, Private Improvements, or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and may be one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, in a form acceptable to and approved by the City Attorney, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto 28 3 of 9 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 Builder's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least twenty percent (20%) of the financing for the Improvements. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal one hundred percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents specified in this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. The City Engineer shall approve replacement of security. D. At the time of submittal of security, Builder shall pay to City administrative fees applicable to the form of security provided. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Builder 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 Builder, or until Builder pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Builder of Builder'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, Builder shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Builder fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Builder's Surety for payment of said cash and Builder'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. 29 4 of 9 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 Section 10 of this Agreement. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Builder. 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 Improvements. 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 Builder of Builder's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 13 of this Agreement, the warranty period shall not commence until final acceptance of all the work and improvements by the City pursuant to Paragraph 10. Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Builder has made other arrangements satisfactory to the City Engineer. 6) City may retain from any security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys’ fees. 4. Permits Required. Prior to commencing any phase of work, Builder 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 Builder or City, Builder shall use its best efforts purchase such real property at a reasonable price. In the event that Builder is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Builder 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 Builder. If City so agrees, City and Builder shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Builder advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Builder. Any additional funds required for acquisition of the real property shall be paid by Builder to City upon the conveyance of said real property to Builder. In no event shall the failure of Builder or City to acquire such real property excuse, waive, or otherwise terminate Builder's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements; Inspection. 6.1 Construction of Improvements. Builder 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 Builder to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and 30 5 of 9 when it deems necessary, to declare Builder 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 Builder's obligations hereunder. 6.2 Inspection. Builder shall at all times maintain proper facilities and safe access for inspection of the public improvements by City and to the shops wherein any work is in preparation. Upon completion of the work, the Builder may request a final inspection by the City Engineer or the City Engineer’s authorized representative. If the City Engineer or the designated representative determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards and accepted by the City as described in Paragraph 10 of this Agreement. Builder shall bear all costs of plan check, inspection and certification. 7. Force Majeure. In the event that Builder is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Builder's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Builder 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, Builder shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Builder shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Builder shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie-outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Builder shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Builder's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly-authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions set forth in the Resolution of Approval and this Agreement have been satisfied, and Builder has provided revised plans as required in Paragraph 12, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Injury to Improvements. Until such time as the Improvements are accepted by City in accordance with Paragraph 10, Builder shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by City, Builder will be responsible for the care, maintenance of, and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by Builder. 31 6 of 9 12. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Builder shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As-Built," "As-Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 13. Improvement Warranty. Builder hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, constructed or caused to be done, furnished, installed or constructed by Builder fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, Builder shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Builder fail to act promptly or in accordance with this requirement, Builder hereby authorizes City, at City’s sole option, to perform the work twenty (20) days after mailing written notice of default to Builder and to Subdivider’s Surety, and agrees to pay the cost of such work by City. Should City determine that an urgency requires repairs or replacements to be made before Builder can be notified, City may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and Builder shall pay to City the cost of such repairs 14. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Builder to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 15. City Right to Cure. If Builder fails to perform any obligation hereunder and such obligation has not been performed, or commenced and diligently pursued, within sixty (60) days after written notice of default from City, then City may perform the obligation, and Builder shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 16. Injury to Public Improvements, Public Property or Public Utility Facilities. Builder shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work performed under this Agreement. Builder shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 17. Indemnification. a. Neither City nor any and all of its officials, employees and agents (“Indemnified Parties”) shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Builder, its agents or employees in the performance of this Agreement. Builder further agrees to protect and hold harmless Indemnified Parties form any and all claims, demands, causes of action, liability or loss of any sort, including, but not limited to, attorney fees and litigation expenses, because of, or arising out of, acts or omissions of Builder, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design of construction of the Improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. b. Acceptance by City of the Improvements shall not constitute an assumption by City of any responsibility for any damage or taking covered by this paragraph. City shall not be responsible for the 32 7 of 9 design or construction of the subdivision or the improvements pursuant to the approved Improvement Plans or map, regardless of any negligent action or inaction taken by City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Builder submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. Except as may be provided above, City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. Nothing contained in this paragraph is intended to or shall be deemed to limit or waive any protections or immunities afforded by law to City or any and all of its officials, employees and agents (“Indemnified Parties”), by virtue of city’s approval of the plan or design of the Improvements, including without limitation the protections and immunities afforded by Government Code Section 830.6. After acceptance of the improvements, Builder shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect; however, Builder shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten (10) years following the acceptance by City of the Improvements. It is the intent of this paragraph that Builder shall be responsible for all liability for design and construction of the Improvements installed or work done pursuant to this Agreement and that city shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The Improvement Security shall not be required to cover the provisions of this paragraph. 18. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 19. Severability. In the event that a court of competent jurisdiction determines that any provision or provisions of this Agreement are unenforceable, all provisions not so held shall remain in full force and effect. 20. Builder No Agent of City. Neither Builder nor any of Builder’s agents, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Builder’s obligations under this Agreement. 21. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non-prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. G. Time is of the essence in the performance of each and every provision of this Agreement. 33 34 35 9 of 9 Exhibit A SECURITY – TRACT MAP NO. 30138 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, Builder 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 Improvements and shall not reduce total performance security below the amount necessary to complete the Remaining Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required Tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Storm Drain $ 274,322 - Sanitary Sewer $ 133,470 - Potable Water $ 251,800 - Street Improvements $ 340,669 - Landscaping $ 163,938 - Dry Utilities $ 188,000 - Monumentation $ 23,500 - Totals $ 1,375,699 - Standard 10% Contingency $ 137,570 - Professional Fees, Design 10% $ 137,570 - Professional Fees, Construction 10% $ 137,570 - Bond Amount $ 1,788,409 36 1 of 9 CITY OF LA QUINTA REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 30138 OFF-SITE IMPROVEMENTS THIS REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this _________________________________ day of ___________________________, 2022, by and between La Quinta 47, LLC, a California limited liability company, hereinafter referred to as "Builder," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. A final map of the Tract has been approved and recorded subject to the Subdivision Laws and to the requirements and conditions contained in City Council Resolution No. 2005-069 (the “Resolution of Approval”). The Resolution of Approval is on file in the office of the City Clerk and is incorporated into this Agreement by reference. B. On or about October 7, 2006, Builder’s predecessor in interest, La Quinta Developers, LLC, a Delaware limited liability company, entered into the original Subdivision Improvement Agreement for the above- referenced subdivision. SoCal Portfolio I LP, a Delaware limited partnership, later obtained interest in the Tract and entered into a Development Improvement Agreement on or about May 14, 2013 for the above-referenced subdivision. In this Agreement, La Quinta Developers, LLC and SoCal Portfolio I LP are referred to collectively as the “Previous Subdividers”. C. The Previous Subdividers has constructed certain of the improvements (“Installed Improvements”) required pursuant to the Resolution of Approval, but that those improvements have not yet been accepted by the City. D. Builder has agreed to install the remaining public and private improvements (the “Remaining Improvements") associated with this tract map. E. The Remaining Improvements have not been installed and accepted at this time. F. The Installed Improvement and the Remaining Improvements are referred to collectively hereinafter as “the Improvements.” G. It is therefore necessary that Builder and City enter into an agreement for the installation of the Remaining Improvements, and any final work needed in order for the Installed Improvements to be accepted. Builder desires to enter into this Agreement, whereby Builder promises to install and complete, at Builder’s own expense, all the remaining public improvement work required by City in connection with the proposed Tract. Builder has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Builder shall furnish complete original improvement plans for the construction, installation and completion of the Improvements meeting the requirements of the City Engineer. The Improvement Plans for the Tract shall be maintained on file in the office of the City Engineer and shall be incorporated into this Agreement by reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the Improvements as approved by the City Engineer. 2. Improvements. Builder shall construct the Improvements required to be constructed or agreed to be constructed under the Resolution of Approval and this Agreement as more specifically described in Exhibit "A." attached hereto and expressly made a part hereof by this reference, and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 37 2 of 9 3. Improvement Security. Builder shall at all times guarantee Builder’s performance of this Agreement by furnishing to City, and maintaining, good and sufficient security as required by the Subdivision Laws on forms and in the amounts approved by City for the purposes as follows: A. One class of security to be provided by Builder, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Builder’s fair share of Improvements which have been or will be constructed by others (“Participatory Improvements”), and payment of plan check and permit fees. The performance security shall also include good and sufficient security in the amount of one hundred percent (100%) of the estimated cost of setting subdivision monuments as stated hereafter in this Agreement (“Monumentation Security”). A second class of security to be provided by Builder, 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 Builder, 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. Builder shall furnish performance and payment security prior to permit issuance. Builder shall provide warranty security after Improvements are complete and prior to the City Council acceptance of the Improvements. Warranty security shall not be required for Monumentation, Private Improvements, or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and may be one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, in a form acceptable to and approved by the City Attorney, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto 38 3 of 9 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 Builder's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least twenty percent (20%) of the financing for the Improvements. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal one hundred percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security for the Improvements in the amount of $17,671. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents specified in this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. The City Engineer shall approve replacement of security. D. At the time of submittal of security, Builder shall pay to City administrative fees applicable to the form of security provided. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Builder 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 Builder, or until Builder pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Builder of Builder'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, Builder shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Builder fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Builder's Surety for payment of said cash and Builder'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. 39 4 of 9 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 Section 10 of this Agreement. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Builder. 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 Improvements. 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 Builder of Builder's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 13 of this Agreement, the warranty period shall not commence until final acceptance of all the work and improvements by the City pursuant to Paragraph 10. Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Builder has made other arrangements satisfactory to the City Engineer. 6) City may retain from any security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys’ fees. 4. Permits Required. Prior to commencing any phase of work, Builder 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 Builder or City, Builder shall use its best efforts purchase such real property at a reasonable price. In the event that Builder is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Builder 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 Builder. If City so agrees, City and Builder shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Builder advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Builder. Any additional funds required for acquisition of the real property shall be paid by Builder to City upon the conveyance of said real property to Builder. In no event shall the failure of Builder or City to acquire such real property excuse, waive, or otherwise terminate Builder's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements; Inspection. 6.1 Construction of Improvements. Builder 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 Builder to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and 40 5 of 9 when it deems necessary, to declare Builder 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 Builder's obligations hereunder. 6.2 Inspection. Builder shall at all times maintain proper facilities and safe access for inspection of the public improvements by City and to the shops wherein any work is in preparation. Upon completion of the work, the Builder may request a final inspection by the City Engineer or the City Engineer’s authorized representative. If the City Engineer or the designated representative determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards and accepted by the City as described in Paragraph 10 of this Agreement. Builder shall bear all costs of plan check, inspection and certification. 7. Force Majeure. In the event that Builder is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Builder's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Builder 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, Builder shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Builder shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Builder shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie-outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Builder shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Builder's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly-authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions set forth in the Resolution of Approval and this Agreement have been satisfied, and Builder has provided revised plans as required in Paragraph 12, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Injury to Improvements. Until such time as the Improvements are accepted by City in accordance with Paragraph 10, Builder shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by City, Builder will be responsible for the care, maintenance of, and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by Builder. 41 6 of 9 12. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Builder shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As-Built," "As-Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 13. Improvement Warranty. Builder hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, constructed or caused to be done, furnished, installed or constructed by Builder fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, Builder shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Builder fail to act promptly or in accordance with this requirement, Builder hereby authorizes City, at City’s sole option, to perform the work twenty (20) days after mailing written notice of default to Builder and to Subdivider’s Surety, and agrees to pay the cost of such work by City. Should City determine that an urgency requires repairs or replacements to be made before Builder can be notified, City may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and Builder shall pay to City the cost of such repairs 14. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Builder to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 15. City Right to Cure. If Builder fails to perform any obligation hereunder and such obligation has not been performed, or commenced and diligently pursued, within sixty (60) days after written notice of default from City, then City may perform the obligation, and Builder shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 16. Injury to Public Improvements, Public Property or Public Utility Facilities. Builder shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work performed under this Agreement. Builder shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 17. Indemnification. a. Neither City nor any and all of its officials, employees and agents (“Indemnified Parties”) shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Builder, its agents or employees in the performance of this Agreement. Builder further agrees to protect and hold harmless Indemnified Parties form any and all claims, demands, causes of action, liability or loss of any sort, including, but not limited to, attorney fees and litigation expenses, because of, or arising out of, acts or omissions of Builder, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design of construction of the Improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. b. Acceptance by City of the Improvements shall not constitute an assumption by City of any responsibility for any damage or taking covered by this paragraph. City shall not be responsible for the 42 7 of 9 design or construction of the subdivision or the improvements pursuant to the approved Improvement Plans or map, regardless of any negligent action or inaction taken by City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Builder submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. Except as may be provided above, City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. Nothing contained in this paragraph is intended to or shall be deemed to limit or waive any protections or immunities afforded by law to City or any and all of its officials, employees and agents (“Indemnified Parties”), by virtue of city’s approval of the plan or design of the Improvements, including without limitation the protections and immunities afforded by Government Code Section 830.6. After acceptance of the improvements, Builder shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect; however, Builder shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten (10) years following the acceptance by City of the Improvements. It is the intent of this paragraph that Builder shall be responsible for all liability for design and construction of the Improvements installed or work done pursuant to this Agreement and that city shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The Improvement Security shall not be required to cover the provisions of this paragraph. 18. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 19. Severability. In the event that a court of competent jurisdiction determines that any provision or provisions of this Agreement are unenforceable, all provisions not so held shall remain in full force and effect. 20. Builder No Agent of City. Neither Builder nor any of Builder’s agents, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Builder’s obligations under this Agreement. 21. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non-prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. G. Time is of the essence in the performance of each and every provision of this Agreement. 43 44 45 9 of 9 Exhibit A SECURITY – TRACT MAP NO. 30138 OFF-SITE IMPROVEMENTS Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Builder 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 Improvements and shall not reduce total performance security below the amount necessary to complete the Remaining Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required Tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Street Improvements / Signing & Striping $ 11,030 $ 11,030 Landscaping $ 50,910 $ 50,910 Sidewalk $ 20,160 $ 20,160 Monumentation $ 1,300 $ 1,300 Totals $ 83,400 $ 83,400 Standard 10% Contingency $ 8,340 $ 8,340 Professional Fees, Design 10% $ 8,340 $ 8,340 Professional Fees, Construction 10% $ 8,340 $ 8,340 Bond Amount $ 108,420 $ 108,420 46 City of La Quinta CITY COUNCIL MEETING: February 15, 2022 STAFF REPORT AGENDA TITLE: APPROVE ON-SITE AND OFF-SITE REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENTS FOR TRACT MAP NO. 31249, CANTERA, A RESIDENTIAL DEVELOPMENT LOCATED ON THE SOUTH SIDE OF AVENUE 58 WEST OF MADISON STREET RECOMMENDATION Approve the On-Site and Off-Site Replacement Subdivision Improvement Agreements for Tract Map No. 31249 and authorize the City Manager to execute said agreements. EXECUTIVE SUMMARY •In 2006, the original developer of this tract, Adobe Holdings, Inc., recorded a final map and executed on-site and off-site Subdivision Improvement Agreements (SIAs). During the economic downturn, they lost the property through foreclosure after completing some, but not all, of the improvements. •Beazer Homes Holdings, LLC (New Developer) has recently acquired interest in the property and desires to enter into replacement of on-site and off-site SIAs and bonds for the design and construction of the remaining public and private improvements associated with this tract. •The replacement SIAs and bonds will ensure construction and acceptance of the remainder of the improvements for this tract. FISCAL IMPACT – None BACKGROUND/ANALYSIS Tract Map No. 31249 is a residential development located at the south side of Avenue 58 west of Madison Street (Attachment 1). Some of the on-site improvements have been installed, including storm drain, water, sewer, curb and gutter and rough grading. No homes have been built in the tract. No off- site improvements were constructed. Staff has reviewed the on-site and off-site improvement plans from the New Developer. The remaining on-site improvements include sewer, water, street, walls, dry utilities, landscaping, and setting monumentation. The remaining off- site improvements include installing storm drain, street, power pole relocations, multi-use trail, signing and striping, landscaping, and setting monumentation. The attached replacement SIAs (Attachment 2) replace Adobe Holdings, Inc., CONSENT CALENDAR ITEM NO. 4 47 with Beazer Homes Holdings, LLC as obligee for the construction and guarantor of the remaining on-site and off-site improvements. ALTERNATIVES Staff does not recommend an alternative. Prepared by: Amy Yu, Associate Engineer Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. Vicinity Map 2. Replacement Subdivision Improvement Agreements (On-Site and Off-Site) 48 TM 31249 CANTERA V I C I N I T Y M A P NOT TO SCALE ATTACHMENT 1 49 50 1 of 9 CITY OF LA QUINTA REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31249 ON-SITE IMPROVEMENTS THIS REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this _______________________________ day of ___________________________, 2022, by and between Beazer Homes Holdings, LLC a Delaware limited liability company, hereinafter referred to as "Builder," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. A final map of the Tract has been approved and recorded subject to the Subdivision Laws and to the requirements and conditions contained in City Council Resolution No. 2005-019 (the “Resolution of Approval”). The Resolution of Approval is on file in the office of the City Clerk and is incorporated into this Agreement by reference. B.On or about October 11, 2006, Builder’s predecessor in interest, Adobe Holdings, Inc., a California Corporation (“Original Subdivider”), entered into the original Subdivision Improvement Agreement for the above-referenced subdivision. C.The Original Subdivider has constructed certain of the improvements (“Installed Improvements”) required pursuant to the Resolution of Approval, but that those improvements have not yet been accepted by the City. D.Builder has agreed to install the remaining public and private improvements (the “Remaining Improvements") associated with this tract map. E.The Remaining Improvements have not been installed and accepted at this time. F.The Installed Improvement and the Remaining Improvements are referred to collectively hereinafter as “the Improvements.” G.It is therefore necessary that Builder and City enter into an agreement for the installation of the Remaining Improvements, and any final work needed in order for the Installed Improvements to be accepted. Builder desires to enter into this Agreement, whereby Builder promises to install and complete, at Builder’s own expense, all the remaining public improvement work required by City in connection with the proposed Tract. Builder has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1.Improvement Plans. Builder shall furnish complete original improvement plans for the construction, installation and completion of the Improvements meeting the requirements of the City Engineer. The Improvement Plans for the Tract shall be maintained on file in the office of the City Engineer and shall be incorporated into this Agreement by reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the Improvements as approved by the City Engineer. 2. Improvements. Builder shall construct the Improvements required to be constructed or agreed to be constructed under the Resolution of Approval and this Agreement as more specifically described in Exhibit "A." attached hereto and expressly made a part hereof by this reference, and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3.Improvement Security. Builder shall at all times guarantee Builder’s performance of this Agreement by furnishing to City, and maintaining, good and sufficient security as required by the Subdivision Laws on forms and in the amounts approved by City for the purposes as follows: ATTACHMENT 2 51 2 of 9 A.One class of security to be provided by Builder, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Builder’s fair share of Improvements which have been or will be constructed by others (“Participatory Improvements”), and payment of plan check and permit fees. The performance security shall also include good and sufficient security in the amount of one hundred percent (100%) of the estimated cost of setting subdivision monuments as stated hereafter in this Agreement (“Monumentation Security”). A second class of security to be provided by Builder, 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 Builder, 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. Builder shall furnish performance and payment security prior to permit issuance. Builder shall provide warranty security after Improvements are complete and prior to the City Council acceptance of the Improvements. Warranty security shall not be required for Monumentation, Private Improvements, or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B.Improvement security shall conform with Section 66499 of the California Government Code and may be one or more of the following: 1)A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2)Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3)Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4)Irrevocable letters of credit, in a form acceptable to and approved by the City Attorney, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5)A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Builder's expense through an appraisal approved by City. 52 3 of 9 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. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal one hundred percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents specified in this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. The City Engineer shall approve replacement of security. D. At the time of submittal of security, Builder shall pay to City administrative fees applicable to the form of security provided. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Builder 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 Builder, or until Builder pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Builder of Builder'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, Builder shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Builder fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Builder's Surety for payment of said cash and Builder's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of Section 10 of this Agreement. 53 4 of 9 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Builder. 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 Improvements. 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 Builder of Builder's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 13 of this Agreement, the warranty period shall not commence until final acceptance of all the work and improvements by the City pursuant to Paragraph 10. Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Builder has made other arrangements satisfactory to the City Engineer. 6) City may retain from any security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys’ fees. 4. Permits Required. Prior to commencing any phase of work, Builder 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 Builder or City, Builder shall use its best efforts purchase such real property at a reasonable price. In the event that Builder is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Builder 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 Builder. If City so agrees, City and Builder shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Builder advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Builder. Any additional funds required for acquisition of the real property shall be paid by Builder to City upon the conveyance of said real property to Builder. In no event shall the failure of Builder or City to acquire such real property excuse, waive, or otherwise terminate Builder's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements; Inspection. 6.1 Construction of Improvements. Builder 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 Builder 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 Builder 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 Builder's obligations hereunder. 54 5 of 9 6.2 Inspection. Builder shall at all times maintain proper facilities and safe access for inspection of the public improvements by City and to the shops wherein any work is in preparation. Upon completion of the work, the Builder may request a final inspection by the City Engineer or the City Engineer’s authorized representative. If the City Engineer or the designated representative determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards and accepted by the City as described in Paragraph 10 of this Agreement. Builder shall bear all costs of plan check, inspection and certification. 7. Force Majeure. In the event that Builder is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Builder's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Builder 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, Builder shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Builder shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Builder shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie-outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Builder shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Builder's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly-authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions set forth in the Resolution of Approval and this Agreement have been satisfied, and Builder has provided revised plans as required in Paragraph 12, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Injury to Improvements. Until such time as the Improvements are accepted by City in accordance with Paragraph 10, Builder shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by City, Builder will be responsible for the care, maintenance of, and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by Builder. 12. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Builder 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. 55 6 of 9 13. Improvement Warranty. Builder hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, constructed or caused to be done, furnished, installed or constructed by Builder fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, Builder shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Builder fail to act promptly or in accordance with this requirement, Builder hereby authorizes City, at City’s sole option, to perform the work twenty (20) days after mailing written notice of default to Builder and to Subdivider’s Surety, and agrees to pay the cost of such work by City. Should City determine that an urgency requires repairs or replacements to be made before Builder can be notified, City may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and Builder shall pay to City the cost of such repairs 14. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Builder to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 15. City Right to Cure. If Builder fails to perform any obligation hereunder and such obligation has not been performed, or commenced and diligently pursued, within sixty (60) days after written notice of default from City, then City may perform the obligation, and Builder shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 16. Injury to Public Improvements, Public Property or Public Utility Facilities. Builder shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work performed under this Agreement. Builder shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 17. Indemnification. a. Neither City nor any and all of its officials, employees and agents (“Indemnified Parties”) shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Builder, its agents or employees in the performance of this Agreement. Builder further agrees to protect and hold harmless Indemnified Parties form any and all claims, demands, causes of action, liability or loss of any sort, including, but not limited to, attorney fees and litigation expenses, because of, or arising out of, acts or omissions of Builder, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design of construction of the Improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. b. Acceptance by City of the Improvements shall not constitute an assumption by City of any responsibility for any damage or taking covered by this paragraph. City shall not be responsible for the design or construction of the subdivision or the improvements pursuant to the approved Improvement Plans or map, regardless of any negligent action or inaction taken by City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Builder submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. Except as may be provided above, City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or 56 7 of 9 correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. Nothing contained in this paragraph is intended to or shall be deemed to limit or waive any protections or immunities afforded by law to City or any and all of its officials, employees and agents (“Indemnified Parties”), by virtue of city’s approval of the plan or design of the Improvements, including without limitation the protections and immunities afforded by Government Code Section 830.6. After acceptance of the improvements, Builder shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect; however, Builder shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten (10) years following the acceptance by City of the Improvements. It is the intent of this paragraph that Builder shall be responsible for all liability for design and construction of the Improvements installed or work done pursuant to this Agreement and that city shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The Improvement Security shall not be required to cover the provisions of this paragraph. 18. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 19. Severability. In the event that a court of competent jurisdiction determines that any provision or provisions of this Agreement are unenforceable, all provisions not so held shall remain in full force and effect. 20. Builder No Agent of City. Neither Builder nor any of Builder’s agents, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Builder’s obligations under this Agreement. 21. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non-prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. G. Time is of the essence in the performance of each and every provision of this Agreement. H. The Recitals to this Agreement are hereby incorporated into and expressly made a part of the terms of this Agreement. I. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. 57 8 of 9 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 ________________________________ ___________________ Jon McMillen, City Manager Date ATTEST: ________________________________ ____________________ Monika Radeva, City Clerk Date BUILDER: Beazer Homes Holdings, LLC 310 Commerce, Suite 150 Irvine, CA 92602 By:___________________________________________ ________________________________ Date Title: _______________________________________ By: _______________________________________ _______________________________ Date Title: _______________________________________ Reviewed and Approved: __________________________________ ____________________________ Bryan McKinney, PE, City Engineer Date Approved as to Form: _____________________________________ ____________________________ William H. Ihrke, City Attorney Date 58 9 of 9 Exhibit A SECURITY – TRACT MAP NO. 31249 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, Builder 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 Improvements and shall not reduce total performance security below the amount necessary to complete the Remaining Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required Tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Storm Drain $ - - Sanitary Sewer $ 20,984 - Potable Water $ 33,150 - Street Improvements $ 416,110 - Landscaping $ 854,200 - Dry Utilities $ 839,153 - Monumentation $ 23,000 - Totals $ 2,186,597 - Standard 10% Contingency $ 218,660 - Professional Fees, Design 10% $ 218,660 - Professional Fees, Construction 10% $ 218,660 - Bond Amount $ 2,842,577 59 1 of 9 CITY OF LA QUINTA REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31249 OFF-SITE IMPROVEMENTS THIS REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this _______________________________ day of ___________________________, 2022, by and between Beazer Homes Holdings, LLC, a Delaware limited liability company, hereinafter referred to as "Builder," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. A final map of the Tract has been approved and recorded subject to the Subdivision Laws and to the requirements and conditions contained in City Council Resolution No. 2005-019 (the “Resolution of Approval”). The Resolution of Approval is on file in the office of the City Clerk and is incorporated into this Agreement by reference. B. On or about October 11, 2006, Builder’s predecessor in interest, Adobe Holdings, Inc., a California Corporation (“Original Subdivider”), entered into the original Subdivision Improvement Agreement for the above-referenced subdivision. C. The Original Subdivider has constructed certain of the improvements (“Installed Improvements”) required pursuant to the Resolution of Approval, but that those improvements have not yet been accepted by the City. D. Builder has agreed to install the remaining public and private improvements (the “Remaining Improvements") associated with this tract map. E. The Remaining Improvements have not been installed and accepted at this time. F. The Installed Improvement and the Remaining Improvements are referred to collectively hereinafter as “the Improvements.” G. It is therefore necessary that Builder and City enter into an agreement for the installation of the Remaining Improvements, and any final work needed in order for the Installed Improvements to be accepted. Builder desires to enter into this Agreement, whereby Builder promises to install and complete, at Builder’s own expense, all the remaining public improvement work required by City in connection with the proposed Tract. Builder has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Builder shall furnish complete original improvement plans for the construction, installation and completion of the Improvements meeting the requirements of the City Engineer. The Improvement Plans for the Tract shall be maintained on file in the office of the City Engineer and shall be incorporated into this Agreement by reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the Improvements as approved by the City Engineer. 2. Improvements. Builder shall construct the Improvements required to be constructed or agreed to be constructed under the Resolution of Approval and this Agreement as more specifically described in Exhibit "A." attached hereto and expressly made a part hereof by this reference, and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. Builder shall at all times guarantee Builder’s performance of this Agreement by furnishing to City, and maintaining, good and sufficient security as required by the Subdivision Laws on forms and in the amounts approved by City for the purposes as follows: 60 2 of 9 A. One class of security to be provided by Builder, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Builder’s fair share of Improvements which have been or will be constructed by others (“Participatory Improvements”), and payment of plan check and permit fees. The performance security shall also include good and sufficient security in the amount of one hundred percent (100%) of the estimated cost of setting subdivision monuments as stated hereafter in this Agreement (“Monumentation Security”). A second class of security to be provided by Builder, 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 Builder, 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. Builder shall furnish performance and payment security prior to permit issuance. Builder shall provide warranty security after Improvements are complete and prior to the City Council acceptance of the Improvements. Warranty security shall not be required for Monumentation, Private Improvements, or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and may be one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, in a form acceptable to and approved by the City Attorney, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Builder's expense through an appraisal approved by City. 61 3 of 9 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. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal one hundred percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents specified in this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. The City Engineer shall approve replacement of security. D. At the time of submittal of security, Builder shall pay to City administrative fees applicable to the form of security provided. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Builder 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 Builder, or until Builder pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Builder of Builder'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, Builder shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Builder fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Builder's Surety for payment of said cash and Builder's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of Section 10 of this Agreement. 62 4 of 9 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Builder. 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 Improvements. 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 Builder of Builder's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 13 of this Agreement, the warranty period shall not commence until final acceptance of all the work and improvements by the City pursuant to Paragraph 10. Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Builder has made other arrangements satisfactory to the City Engineer. 6) City may retain from any security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys’ fees. 4. Permits Required. Prior to commencing any phase of work, Builder 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 Builder or City, Builder shall use its best efforts purchase such real property at a reasonable price. In the event that Builder is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Builder 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 Builder. If City so agrees, City and Builder shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Builder advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Builder. Any additional funds required for acquisition of the real property shall be paid by Builder to City upon the conveyance of said real property to Builder. In no event shall the failure of Builder or City to acquire such real property excuse, waive, or otherwise terminate Builder's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements; Inspection. 6.1 Construction of Improvements. Builder 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 Builder 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 Builder 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 Builder's obligations hereunder. 63 5 of 9 6.2 Inspection. Builder shall at all times maintain proper facilities and safe access for inspection of the public improvements by City and to the shops wherein any work is in preparation. Upon completion of the work, the Builder may request a final inspection by the City Engineer or the City Engineer’s authorized representative. If the City Engineer or the designated representative determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards and accepted by the City as described in Paragraph 10 of this Agreement. Builder shall bear all costs of plan check, inspection and certification. 7. Force Majeure. In the event that Builder is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Builder's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Builder 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, Builder shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Builder shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Builder shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie-outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Builder shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Builder's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly-authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions set forth in the Resolution of Approval and this Agreement have been satisfied, and Builder has provided revised plans as required in Paragraph 12, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Injury to Improvements. Until such time as the Improvements are accepted by City in accordance with Paragraph 10, Builder shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by City, Builder will be responsible for the care, maintenance of, and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by Builder. 12. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Builder 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. 64 6 of 9 13. Improvement Warranty. Builder hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, constructed or caused to be done, furnished, installed or constructed by Builder fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, Builder shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Builder fail to act promptly or in accordance with this requirement, Builder hereby authorizes City, at City’s sole option, to perform the work twenty (20) days after mailing written notice of default to Builder and to Subdivider’s Surety, and agrees to pay the cost of such work by City. Should City determine that an urgency requires repairs or replacements to be made before Builder can be notified, City may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and Builder shall pay to City the cost of such repairs 14. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Builder to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 15. City Right to Cure. If Builder fails to perform any obligation hereunder and such obligation has not been performed, or commenced and diligently pursued, within sixty (60) days after written notice of default from City, then City may perform the obligation, and Builder shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 16. Injury to Public Improvements, Public Property or Public Utility Facilities. Builder shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work performed under this Agreement. Builder shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 17. Indemnification. a. Neither City nor any and all of its officials, employees and agents (“Indemnified Parties”) shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Builder, its agents or employees in the performance of this Agreement. Builder further agrees to protect and hold harmless Indemnified Parties form any and all claims, demands, causes of action, liability or loss of any sort, including, but not limited to, attorney fees and litigation expenses, because of, or arising out of, acts or omissions of Builder, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design of construction of the Improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. b. Acceptance by City of the Improvements shall not constitute an assumption by City of any responsibility for any damage or taking covered by this paragraph. City shall not be responsible for the design or construction of the subdivision or the improvements pursuant to the approved Improvement Plans or map, regardless of any negligent action or inaction taken by City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Builder submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. Except as may be provided above, City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or 65 7 of 9 correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. Nothing contained in this paragraph is intended to or shall be deemed to limit or waive any protections or immunities afforded by law to City or any and all of its officials, employees and agents (“Indemnified Parties”), by virtue of city’s approval of the plan or design of the Improvements, including without limitation the protections and immunities afforded by Government Code Section 830.6. After acceptance of the improvements, Builder shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect; however, Builder shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten (10) years following the acceptance by City of the Improvements. It is the intent of this paragraph that Builder shall be responsible for all liability for design and construction of the Improvements installed or work done pursuant to this Agreement and that city shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The Improvement Security shall not be required to cover the provisions of this paragraph. 18. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 19. Severability. In the event that a court of competent jurisdiction determines that any provision or provisions of this Agreement are unenforceable, all provisions not so held shall remain in full force and effect. 20. Builder No Agent of City. Neither Builder nor any of Builder’s agents, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Builder’s obligations under this Agreement. 21. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non-prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. G. Time is of the essence in the performance of each and every provision of this Agreement. H. The Recitals to this Agreement are hereby incorporated into and expressly made a part of the terms of this Agreement. I. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. 66 8 of 9 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 ________________________________ ___________________ Jon McMillen, City Manager Date ATTEST: ________________________________ ____________________ Monika Radeva, City Clerk Date BUILDER: Beazer Homes Holdings, LLC, 310 Commerce, Suite 150 Irvine, CA 92602 By:___________________________________________ ________________________________ Date Title: _______________________________________ By: _______________________________________ _______________________________ Date Title: _______________________________________ Reviewed and Approved: __________________________________ ____________________________ Bryan McKinney, PE, City Engineer Date Approved as to Form: _____________________________________ ____________________________ William H. Ihrke, City Attorney Date 67 9 of 9 Exhibit A SECURITY – TRACT MAP NO. 31249 OFF-SITE IMPROVEMENTS Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Builder 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 Improvements and shall not reduce total performance security below the amount necessary to complete the Remaining Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required Tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Storm Drain $ 11,800 $ 11,800 Street Improvements $ 243,772 $ 243,772 Power Poles Relocation $ 380,000 $ 380,000 Multi-Use Trail $ 19,492 $ 19,492 Landscaping $ 46,599 $ 46,599 Monumentation $ 2,000 $ 2,000 Totals $ 703,663 $ 703,663 Standard 10% Contingency $ 70,366 $ 70,366 Professional Fees, Design 10% $ 70,366 $ 70,366 Professional Fees, Construction 10% $ 70,366 $ 70,366 Bond Amount $ 914,761 $ 914,761 68 City of La Quinta CITY COUNCIL MEETING: February 15, 2022 STAFF REPORT AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR MANAGEMENT ASSISTANT TO ATTEND CITY CLERKS’ ASSOCIATION OF CALIFORNIA TECHNICAL TRAINING FOR CLERKS SERIES 200 IN RIVERSIDE, CALIFORNIA, MARCH 15-18, 2022 RECOMMENDATION Authorize overnight travel for the Management Assistant to attend the City Clerks Association of California Technical Training for Clerks Series 200 in Riverside, California, March 15-18, 2022. EXECUTIVE SUMMARY The Management Assistant seeks additional knowledge of the Clerk profession and the laws and ethics that govern it. Technical Training for Clerks (TTC), Series 200, is a four-day intensive program designed to focus on technical skills, enhancing professional interpersonal abilities, and networking opportunities with other professionals. FISCAL IMPACT Estimated expenses are $2,205, which includes registration, travel, lodging, and meals. The funds are available in the FY 2021/22 Travel and Training budget (101- 1005-60320). BACKGROUND/ANALYSIS The City Clerks Association of California (CCAC) was founded in 1977 with the objective of promoting the municipal clerk profession through education, support, and communication. It provides mentoring programs, professional development, leadership and management training opportunities, and promotes effective legislation, and uniform and improved standards to effectively administer Clerk duties. This training is the second of four required courses in obtaining the Certified Municipal Clerk certification and will offer Staff a wide range of technical clerk knowledge in key areas such as election law and procedures, local government finance, event logistics, protocol and roles, team/group decision making, communication skills, organizational values, and ethics. ALTERNATIVES Council may elect not to authorize this request. Prepared by: Laurie McGinley, Management Assistant Approved by: Monika Radeva, City Clerk CONSENT CALENDAR ITEM NO. 5 69 70 CONSENT CALENDAR ITEM NO. 6 City of La Quinta CITY COUNCIL MEETING: February 15, 2022 STAFF REPORT AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR FINANCIAL SERVICES ANALYST TO ATTEND THE CALIFORNIA MUNICIPAL TREASURERS’ ASSOCIATION ANNUAL CONFERENCE IN NEWPORT BEACH, CALIFORNIA, MAY 4-5, 2022 RECOMMENDATION Authorize overnight travel for Financial Services Analyst to attend the California Municipal Treasurers Association annual conference in Newport Beach, California, May 4-5, 2022. EXECUTIVE SUMMARY •The California Municipal Treasurers Association (CMTA) mission is to lead in promoting and enhancing the fiduciary responsibility and integrity of individuals responsible for public funds. •The annual conference features breakout sessions covering the economy and financial markets, debt, investing, and treasury topics. •The education credits earned during the conference are required for the Financial Services Analyst to maintain the Certified California Municipal Treasurer designation. FISCAL IMPACT Estimated expenses are $775, which includes travel, lodging, and meals. Funds are budgeted in Finance - Travel and Training (101-1006-60320). BACKGROUND/ANALYSIS CMTA is a statewide organization serving all California municipal treasurers. The organization promotes financial management, fiduciary responsibility, and education of its members to ensure public funds are invested in a prudent manner. The conference agenda includes sessions on pension obligation bonds, the economy, the federal infrastructure bill, debt issuance, callable investments, credit risk, Government Accounting Standards Board updates, environmental and social governance investing, and best practices. 71 The Financial Services Analyst earned the Certified California Municipal Treasurer designation in 2020 and is required to earn 20 continuing professional education (CPE) credit hours per year to maintain certification. This ensures knowledge in the most up to date regulations and practices surrounding treasury functions. ALTERNATIVES Council may elect not to authorize this request. Prepared by: Rosemary Hallick, Financial Services Analyst Approved by: Claudia Martinez, Finance Director 72 City of La Quinta CITY COUNCIL MEETING: February 15, 2022 STAFF REPORT AGENDA TITLE: AFFIRM RESOLUTION NO. 2021-035 FINDINGS RELATED TO THE STATE OF EMERGENCY DUE TO COVID-19 AUTHORIZING THE CITY MANAGER TO CONTINUE TO IMPLEMENT TELECONFERENCE ACCESSIBILITY TO CONDUCT PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 (STATS. 2021, CH. 165) RECOMMENDATION Affirm Resolution No. 2021-035 findings related to the state of emergency due to COVID-19 authorizing the City Manager to continue to implement teleconference accessibility to conduct public meetings pursuant to Assembly Bill 361 (Stats. 2021, Ch. 165). EXECUTIVE SUMMARY Pursuant to Assembly Bill 361 (Stats. 2021, Ch. 165) (AB 361), which waived certain provisions of the Ralph M. Brown Act (Brown Act) and authorized local agencies to hold public meetings via teleconferencing whenever a state of emergency exists that makes it unsafe to meet in person, Council must reconsider the circumstances of the state of emergency every 30 days and affirm the required findings in order to continue to allow teleconference accessibility for public meetings. On September 28, 2021, Council adopted Resolution No. 2021-035 (Attachment 1) making the required findings under AB 361 and authorizing the City Manager to implement teleconference accessibility to conduct public meetings. FISCAL IMPACT – None. BACKGROUND/ANALYSIS AB 361 was signed into law by the Governor on September 16, 2021, which went into effect immediately as urgency legislation (codified under Government Code § 54953) and waived certain provisions of the Brown Act in order to allow local agencies to continue to meet remotely. Specifically, the CONSENT CALENDAR ITEM NO. 7 73 bill allows remote teleconference flexibility, but only when there is a state of emergency that makes it unsafe to meet in person. In addition, AB 361 added specific procedures and clarified the requirements for conducting remote meetings, including the opportunity for the public to provide public comment in real time; the legislative body shall take no actions during disruptions; and the legislative body, by majority vote, shall determine that meeting in person would present imminent risk to the health or safety of attendees and shall affirm these findings every 30 days, in order to continue to allow teleconference accessibility for conducting public meetings [Government Code § 54953(e)(3)]. AB 361 will sunset on January 1, 2024. The City has implemented procedures for conducting public meetings to ensure full compliance with AB 361. In addition to the ability to attend public meetings in-person, teleconference accessibility via call-in option or an internet-based service option (via the Zoom Webinars platform) is listed on the published agenda for each meeting as well as on the City’s website. The City monitors attendance via teleconference as well as email correspondence (as published on the agenda) throughout each public meeting and provides access for public comment opportunities in real time both verbally and in writing. On September 28, 2021, Council adopted Resolution No. 2021-035 making the initially required findings under AB 361 in order to allow the City to continue to offer teleconference accessibility for public meetings after September 30, 2021, to help mitigate the spread of COVID-19. As noted above, Council must reconsider the state of emergency due to COVID-19 every 30 days and affirm the findings under Resolution No. 2021- 035 in order to continue to allow teleconference accessibility for conducting public meetings.  September 28, 2021 – Resolution No. 2021-035 adopted  October 19, 2021 – findings affirmed  November 16, 2021 – findings affirmed  December 7, 2021 – findings affirmed  December 21, 2021 – findings affirmed  January 18, 2022 – findings affirmed Prepared by: Monika Radeva, City Clerk Approved by: Jon McMillen, City Manager Attachment: 1. Council Resolution No. 2021-035 74 RESOLUTION NO. 2021 - 035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO IMPLEMENT TELECONFERENCE ACCESSIBILITY FOR CONDUCTING PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 (STATS. 2021, CH. 165) WHEREAS, on March 4, 2020, the Governor of California proclaimed a State of Emergency to exist in California as a result of the threat of novel coronavirus disease 2019 (COVID-19); and WHEREAS, on March 17, 2020, the City Council adopted Emergency Resolution No. EM 2020-001, proclaiming a local emergency as defined in La Quinta Municipal Code Section 2.20.020, due to the threat of the existence and spread of COVID-19; and WHEREAS, on March 17, 2020, the Governor of California executed Executive Order N-29-20 which suspended and modified specified provisions in the Ralph M. Brown Act (Government Code Section § 54950 et seq.) and authorized local legislative bodies to hold public meetings via teleconferencing and to make public meeting accessible telephonically or otherwise electronically to all members of the public seeking to observe and address the local legislative body; and WHEREAS, on June 11, 2021, the Governor of California executed Executive Order N-08-21 which extended the provisions of Executive Order N- 29-20 concerning teleconference accommodations for public meetings through September 30, 2021; and WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly Bill 361 (AB 361, Rivas) (Stats. 2021, ch. 165) amending Government Code § 54953 and providing alternative teleconferencing requirements to conduct public meetings during a proclaimed state of emergency; and WHEREAS, AB 361 (Stats. 2021, ch. 165) imposes requirements to ensure members of the public are able to attend and participate in public meetings conducted via teleconference, including: ATTACHMENT 1 75 Resolution No. 2021 – 035 Teleconference Procedures for Conducting Public Meetings Pursuant to AB 361 (Stats. 2021, ch. 165) Adopted: September 28, 2021 Page 2 of 4 Notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option; The legislative body shall take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored; Prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for members of the public to address the legislative body and offer comments in real time; Prohibits the legislative body from closing the public comment period until the public comment period has elapsed or until a reasonable amount of time has elapsed; and WHEREAS, the City has already implemented and is in full compliance with the requirements listed above when conducting public meetings via teleconference, which are now codified in Government Code § 54953(e)(2)(B- G); and WHEREAS, pursuant to Government Code § 54953(e)(B), the legislative body shall hold a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health and safety of attendees. The City Council must make these findings no later than 30 days after the first teleconferenced meeting is held pursuant to AB 361 (Stats. 2021, ch. 165) after September 30, 2021, and must also make these findings every 30 days thereafter, in order to continue to allow teleconference accessibility for conducing public meetings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City Council hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as findings of the City Council. 76 Resolution No. 2021 – 035 Teleconference Procedures for Conducting Public Meetings Pursuant to AB 361 (Stats. 2021, ch. 165) Adopted: September 28, 2021 Page 3 of 4 SECTION 2. The City Council hereby declares that a state of emergency as a result of the threat of COVID-19 still exists and continues to impact the ability of members of the public, the City Council, City Boards, Commissions, and Committees, City staff and consultants to meet safely in person. SECTION 3. The State of California and the City of La Quinta continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (DPH), and/or County of Riverside, as applicable, including facial coverings when required and social distancing. SECTION 4. The City Council hereby declares that, pursuant to the findings listed in this Resolution, the City Manager is authorized to utilize teleconferencing accessibility to conduct public meetings pursuant to AB 361 (Stats. 2021, ch. 165) and Government Code § 54953, as amended thereby. SECTION 5. Severability: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have adopted this Resolution and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. SECTION 6. Effective Date: This Resolution shall become effective immediately upon adoption. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 28th day of September, 2021, by the following vote: AYES: Council Members Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans NOES: None ABSENT: None ABSTAIN: None 77 78 City of La Quinta CITY COUNCIL MEETING: February 15, 2022 STAFF REPORT AGENDA TITLE: APPROVE DEMAND REGISTERS DATED JANUARY 28 AND FEBRUARY 4, 2022 RECOMMENDATION Approve demand registers dated January 28 and February 4, 2022. EXECUTIVE SUMMARY – None FISCAL IMPACT Demand of Cash: City 2,148,794.60$ Success or Agency of RDA Housing Authority 12,361.75$ 2,161,156.35$ BACKGROUND/ANALYSIS Routine bills and payroll must be paid between Council meetings. Attachment 1 details the weekly demand registers for January 28 and February 4, 2022. Warrants Issued: EFT # 118 24.49$ 206915-206970 297,155.53$ 206971-207021 1,300,358.00$ Voids (613.37)$ Wire Transfers 306,823.80$ Payroll Tax Transfers 53,355.90$ Payroll Direct Deposit 204,052.00$ 2,161,156.35$ Six checks in the amount listed above were voided and reissued due to non- receipt or stale dated. CONSENT CALENDAR ITEM NO. 8 79 The most significant expenditures on the demand registers are: Vendor Account Name Amount Purpose Riverside County Sheriff Department Police Service 1,117,568.00$ Nov Police Service Vintage Associates Landscape Contract & Maintenance/Services 69,983.00$ Jan Park Landscape Maintenance PWLC, Inc.(1)Landscape Contract & Maintenance/Services 69,625.38$ Jan City Landscape Maintenance Imperial Irrigation District Various 51,438.88$ Electricity Service Coachella Valley Water District Various 25,087.29$ Water Service (1)Payments were made on 01/28/22 & 02/04/22. Wire Transfers: Eleven transfers totaled $306,824. Of this amount, $187,333 was to Landmark, and $64,214 was to J&H Asset Property Management, Inc. (See Attachment 2 for a complete listing). Investment Transactions: Full details of investment transactions as well as total holdings are reported quarterly in the Treasurer’s Report. Prepared by: Jesse Batres, Account Technician Approved by: Rosemary Hallick, Financial Services Analyst Attachments: 1. Demand Registers 2.Wire Transfers Transaction Issuer Type Par Value Settle Date Coupon Rate Purchase Federal Home Loan Bank Agency 1,000,000$ 1/27/22 1.500% Purchase Federal National Mortgage Assoc. Agency 500,000$ 1/28/22 0.625% Maturity Third Federal Savings and Loan CD 245,000$ 1/31/22 2.500% Maturity Discover Bank CD 240,000$ 2/1/22 2.250% Purchase True Sky Credit Union CD 245,000$ 2/4/22 1.600% 80 2/7/2022 1:15:03 PM Page 1 of 5 City of La Quinta Packet: APPKT03029 - 01/28/22 JB AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 101 - GENERAL FUND 1,365.00Map/Plan Checking12/27/21 - PW ONCALL MAP CHECKING S…206968WILLDAN 101-7002-60183 592.83Marketing & Tourism Promoti…01/18/22 - CLQ HAND SANITIZER PROMO …206944PALMS TO PINES PRINTING 101-3007-60461 1,350.00Civic Center Lake Maintenance01/2022 - LAKE MAINTENANCE SERVICES206956SOUTHWEST AQUATICS INC 101-3005-60117 1,350.00SilverRock Lake Maintenance01/2022 - LAKE MAINTENANCE SERVICES206956SOUTHWEST AQUATICS INC 101-3005-60189 24.49Travel & Training01/17-01/21/22 - TRAVEL EXPENSE REIM…118RADEVA, MONIKA 101-1005-60320 560.00Maintenance/Services01/06/22 - CH DOOR REPAIR206922DOOR TECH, LLC 101-3008-60691 93.66Printing11/09/21 - 2021 W2 FORMS206915ALTEC 101-1006-60410 195.83Printing11/09/21 - 2021 1099 FORMS206915ALTEC 101-1006-60410 294.72Printing12/03/21 - 2021 ACA FORMS PAYROLL206915ALTEC 101-1006-60410 1,546.53Community Experiences12/14/21 - TREE SETUP AND REMOVAL206936MAGICAL HOLIDAY DESIGNS 101-3003-60149 124.57Operating Supplies12/09/21 & 01/12/22 - DRINKING WATER206957SPARKLETTS 101-7003-60420 1,696.20Telephone - Utilities12/23/21-01/22/22 - EOC PHONE LINE SVC206963TPX COMMUNICATIONS 101-2002-61300 115.35Citywide Supplies12/29/21 & 01/12/22 - CITY WIDE DRINKI…206957SPARKLETTS 101-1007-60403 3,500.00Contract Services - Administrat…02/2022 - LOBBYIST SERVICES206932JOE A GONSALVES & SON 101-1002-60101 30.00Wellness Center Leisure Enric…01/18/22 - WELLNESS CENTER CLASS REF…206970WILSON, DIEDRA 101-0000-42214 130.00Wellness Center Leisure Enric…01/18/22 - WELLNESS CENTER ACTIVITY C…206952RYAN, DEBRA 101-0000-42214 29.40Instructors01/21/22 - LINE DANCING DI CLASSES206953SHIRY, TERESA 101-3002-60107 140.00Instructors01/21/22 - LINE DANCING CLASS206953SHIRY, TERESA 101-3002-60107 56.00Instructors01/21/22 - PILATES CLASS206969WILLIAMS, BILLEE 101-3002-60107 280.00Instructors01/21/22 - ESSENTIAL FITNESS CLASS206951RUDY, LORI A 101-3002-60107 58.80Instructors01/21/22 - ESSENTIAL FITNESS DI CLASSES206951RUDY, LORI A 101-3002-60107 90.00Instructors01/21/22 - SCULPT FIT CORE CLASSES206933JOHNSON, KAREN T. PAYNE 101-3002-60107 21.00Instructors01/21/22 - YOGA INDOORS CLASS206920CORTEZ, ELISABETH 101-3002-60107 33.60Instructors01/21/2022 - YOGA DI CLASS206920CORTEZ, ELISABETH 101-3002-60107 196.00Instructors01/21/22 - GENTLE YOGA CLASS206965VIELHARBER, KAREN 101-3002-60107 98.00Instructors01/21/22 - CHAIR YOGA CLASS206965VIELHARBER, KAREN 101-3002-60107 33.60Instructors01/21/22 - CHAIR YOGA CLASS206965VIELHARBER, KAREN 101-3002-60107 98.00Instructors01/21/22 - GENTLE YOGA CLASS206965VIELHARBER, KAREN 101-3002-60107 336.00Instructors01/21/22 - PICKLEBALL 101 BEGINNER CL…206940NOVAK, JAN 101-3002-60107 31.50Instructors01/24/22 - PILATES DI CLASSES206969WILLIAMS, BILLEE 101-3002-60107 21.85Office Supplies08/24/21 - DUCK TAPE206942OFFICE DEPOT 101-6004-60400 77.37Mobile/Cell Phones/Satellites09/2021 - SATELLITE PHONES206939NI GOVERNMENT SERVICES INC 101-2002-61304 -11.55Office Supplies12/28/21 - CALENDAR RETURN206942OFFICE DEPOT 101-1006-60400 63.59Office Supplies01/06/22 - OFFICE SUPPLIES206942OFFICE DEPOT 101-1005-60400 147.74PM 10 - Dust Control12/20/21-01/16/22 - PM 10 ANSWERING …206916ANSAFONE CONTACT CENTERS 101-7006-60146 48,536.32Landscape Contract01/2022 - MONTHLY MAINTENANCE206966VINTAGE ASSOCIATES 101-3005-60112 4,490.00Maintenance/Services01/04-01/07/22 - PLANT REMOVAL IN MO…206966VINTAGE ASSOCIATES 101-3005-60691 4,800.00Maintenance/Services01/10-01/14/22 - PLANT REMOVAL IN MO…206966VINTAGE ASSOCIATES 101-3005-60691 585.00Materials/Supplies01/24/22 - PLANT REMOVAL IN MOCTEZ…206966VINTAGE ASSOCIATES 101-3005-60431 596.81Materials/Supplies01/04/22 - IRRIGATION PARTS206955SMITH PIPE & SUPPLY CO 101-3005-60431 83.93Materials/Supplies01/04/22 - PVC PARTS206955SMITH PIPE & SUPPLY CO 101-3005-60431 3,625.96Materials/Supplies01/06/22 - IRRIGATION PARTS206955SMITH PIPE & SUPPLY CO 101-3005-60431 528.62Materials/Supplies01/10/22 - IRRIGATION PARTS206955SMITH PIPE & SUPPLY CO 101-3005-60431 294.79Uniforms08/25/21 - UNIFORMS206938MISSION LINEN SUPPLY 101-3005-60690 85.90Uniforms09/09/21 - UNIFORMS206938MISSION LINEN SUPPLY 101-6003-60690 315.00Map/Plan Checking01/22/22 - PMER 2021-0007 ONCAL MAP …206948RASA/ERIC NELSON 101-7002-60183 290.00Map/Plan Checking01/22/22 - LAD 2021-0002 ONCALL MAP …206948RASA/ERIC NELSON 101-7002-60183 475.00Map/Plan Checking01/22/22 - PMER 2021-0005 ONCALL MAP…206948RASA/ERIC NELSON 101-7002-60183 211.77Temporary Agency Services01/14/22 - TEMP AGENCY SVCS T.SUDAKO…206949ROBERT HALF 101-1005-60125 1,351.60Temporary Agency Services01/14/22 - TEMP AGENCY SVCS J.AGGREH206949ROBERT HALF 101-6004-60125 12,742.87Janitorial12/2021 - JANITORIAL SERVICES206937MERCHANTS BUILDING MAINT…101-3008-60115 517.00Maintenance/Services01/20/22 - WC RESTROOM REPAIRS206950ROTO ROOTER PLUMBERS INC 101-3008-60691 64.72Materials/Supplies01/12/22 - TRANSFORMER206928HIGH TECH IRRIGATION INC 101-3005-60431 ATTACHMENT 1 Demand Register 81 Demand Register Packet: APPKT03029 - 01/28/22 JB 2/7/2022 1:15:03 PM Page 2 of 5 AmountVendor Name Payment Number Description (Item)Account Name Account Number 340.82Materials/Supplies01/12/22 - PVC PIPES & PVC PARTS206928HIGH TECH IRRIGATION INC 101-3005-60431 8,158.24Plan Checks11/2021 - ONCALL PLAN REVIEW206931INTERWEST CONSULTING GR…101-6003-60118 1,011.77Materials/Supplies01/15/22 - PLANTS206935MACIAS NURSERY, INC.101-3005-60431 3,959.81Materials/Supplies01/15/22 - PLANTS206935MACIAS NURSERY, INC.101-3005-60431 1,304.54Landscape Contract01/2022 - L&L MONTHLY MAINTENANCE206947PWLC II, INC 101-2002-60112 46.53Mobile/Cell Phones/Satellites12/14/21-01/13/22 - EOC CELL (7813)206964VERIZON WIRELESS 101-2002-61304 -297.71Printing07/09/21 - 2021 TAX FORM CREDIT206915ALTEC 101-1006-60410 47.34Telephone - Utilities01/2022 - LQ PARK PHONE206925FRONTIER COMMUNICATIONS…101-3005-61300 400.00Fritz Burns Pool Maintenance10/23/21 & 10/30/21 - FB DECK/FLOOR C…206941OCEAN SPRINGS TECH INC 101-3005-60184 787.00LQ Park Water Feature01/2022 - SPLASH PAD MONTHLY SERVICE206941OCEAN SPRINGS TECH INC 101-3005-60554 400.00Fritz Burns Pool Maintenance11/20/21 & 11/27/21 - FB DECK/FLOOR C…206941OCEAN SPRINGS TECH INC 101-3005-60184 400.00Fritz Burns Pool Maintenance12/04/21 & 12/11/21 - FB DECK/FLOOR C…206941OCEAN SPRINGS TECH INC 101-3005-60184 84.00Over Payments, AR Policy01/11/22 - OVERPAYMENT BUS LIC REFU…206960THE BEER HUNTER 101-0000-20330 4,416.50Prepaid Expense7/1/22-9/30/22-PHASE 1 MS4 ANN PERMI…206958SWRCB 101-0000-13600 13,249.50Professional Services10/01/21-6/30/22 - PHASE 1 MS4 ANNUAL…206958SWRCB 101-7002-60103 3,558.75Developer Deposits09/01-12/31/21 - TRAVERTINE PROJECT P…206959TERRA NOVA PLANNING & RE…101-0000-22810 1,040.49Professional Services09/01-12/31/21 - ONCALL PLANNING SVCS206959TERRA NOVA PLANNING & RE…101-6002-60103 12,005.40Developer Deposits10/01-12/31/21 - THE WAVE PROJECT PL…206959TERRA NOVA PLANNING & RE…101-0000-22810 Fund 101 - GENERAL FUND Total:145,278.35 Fund: 201 - GAS TAX FUND 1,120.67Traffic Control Signs10/12/21 - TRAFFIC CONTROL SIGNS206962TOPS' N BARRICADES INC 201-7003-60429 76.10Traffic Control Signs10/22/21 - TRAFFIC CONTROL SIGNS206962TOPS' N BARRICADES INC 201-7003-60429 84.39Traffic Control Signs11/11/21 - TRAFFIC CONTROL SIGNS206962TOPS' N BARRICADES INC 201-7003-60429 82.22Traffic Control Signs11/16/21 - TRAFFIC CONTROL SIGNS206962TOPS' N BARRICADES INC 201-7003-60429 41.22Traffic Control Signs12/28/21 - TRAFFIC CONTROL SIGNS206962TOPS' N BARRICADES INC 201-7003-60429 Fund 201 - GAS TAX FUND Total:1,404.60 Fund: 202 - LIBRARY & MUSEUM FUND 812.59Landscape Contract01/2022 - MONTHLY MAINTENANCE206966VINTAGE ASSOCIATES 202-3004-60112 169.58Landscape Contract01/2022 - MONTHLY MAINTENANCE206966VINTAGE ASSOCIATES 202-3006-60112 2,710.66Janitorial12/2021 - JANITORIAL SERVICES206937MERCHANTS BUILDING MAINT…202-3004-60115 727.08Janitorial12/2021 - JANITORIAL SERVICES206937MERCHANTS BUILDING MAINT…202-3006-60115 123.09Telephone - Utilities01/13-02/12/22 - MUSEUM PHONE206925FRONTIER COMMUNICATIONS…202-3006-61300 Fund 202 - LIBRARY & MUSEUM FUND Total:4,543.00 Fund: 215 - LIGHTING & LANDSCAPING FUND 10,589.51Landscape Contract01/2022 - MONTHLY MAINTENANCE206966VINTAGE ASSOCIATES 215-7004-60112 5,667.17Consultants01/2022 - LIGHTING MAINTENANCE SERVI…206921CREATIVE LIGHTING & ELECTR…215-7004-60104 1,085.68Materials/Supplies01/13/22 - IRRIGATION PARTS206928HIGH TECH IRRIGATION INC 215-7004-60431 1,517.12Materials/Supplies01/15/22 - PLANTS206935MACIAS NURSERY, INC.215-7004-60431 54,741.84Landscape Contract01/2022 - L&L MONTHLY MAINTENANCE206947PWLC II, INC 215-7004-60112 1,704.00Maintenance/Services12/27/22 - PLANT REPLACEMENT ON MAD…206947PWLC II, INC 215-7004-60691 4,016.00Maintenance/Services01/07/22 - PLANT REPLACEMENT ON MAD…206947PWLC II, INC 215-7004-60691 3,896.00Maintenance/Services01/13/22 - PLANT & TREE REPLACEMENT …206947PWLC II, INC 215-7004-60691 3,288.00Maintenance/Services01/21/21 - PLANT & TREE REPLACEMENT …206947PWLC II, INC 215-7004-60691 108.62Electric - Utilities01/07-02/06/22 - PHONE SVC206925FRONTIER COMMUNICATIONS…215-7004-61116 40.72Electric - Utilities01/10-02/09/22 - PHONE SVC206925FRONTIER COMMUNICATIONS…215-7004-61116 Fund 215 - LIGHTING & LANDSCAPING FUND Total:86,654.66 Fund: 235 - SO COAST AIR QUALITY FUND 10,164.56CVAG07/01-09/30/21 - MOU AB2766 VEHICLE R…206917COACHELLA VALLEY ASSOC OF…235-0000-60186 Fund 235 - SO COAST AIR QUALITY FUND Total:10,164.56 Fund: 270 - ART IN PUBLIC PLACES FUND 12,237.50APP Maintenance01/14/22 - ART MAINTENANCE206954SIGNATURE SCULPTURE 270-0000-60683 Fund 270 - ART IN PUBLIC PLACES FUND Total:12,237.50 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS 1,870.90Construction11/18/21 - REPLACEMENT LED PEDESTRIA…206934JTB SUPPLY CO., INC.401-0000-60188 1,785.00Technical09/25-10/29/21 - 2014-04 ONCALL MATER…206919CONVERSE CONSULTANTS 401-0000-60108 8,381.52Construction01/04/22 - 2020-03 MAINTENANCE NO 1206918CONVERGINT TECHNOLOGIES …401-0000-60188 1,396.92Construction01/01/22 - 2020-03 MAINTENANCE NO 2206918CONVERGINT TECHNOLOGIES …401-0000-60188 2,200.00Design12/15/21 - 2016-03H ONCALL DESIGN SVCS206967VOLZ DESIGN, DAVID 401-0000-60185 82 Demand Register Packet: APPKT03029 - 01/28/22 JB 2/7/2022 1:15:03 PM Page 3 of 5 AmountVendor Name Payment Number Description (Item)Account Name Account Number 600.47Construction12/15/21 - 2020-07 CONSTRUCTION SET206945PLANIT REPROGRAPHICS SYST…401-0000-60188 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:16,234.81 Fund: 501 - FACILITY & FLEET REPLACEMENT 3,386.51Vehicle Repair & Maintenance01/14/22 - TRUCK #19 REPAIR206930HWY COLLISION CENTER 501-0000-60676 18.00Vehicle Repair & Maintenance08/2021 - CAR WASH SERVICE206929HWY 111 LA QUINTA CAR WA…501-0000-60676 27.00Vehicle Repair & Maintenance11/2021 - CAR WASH SERVICE206929HWY 111 LA QUINTA CAR WA…501-0000-60676 3,088.51Building Leases02/2022 - PW TRAILER RENTAL206943PACIFIC MOBILE STRUCTURES, …501-0000-71032 1,191.83Fuel & Oil12/2021 - FUEL CHARGES206926FUELMAN 501-0000-60674 2,410.89Vehicle Repair & Maintenance01/18/22 - FLEET REPAIR & MAINTENANCE206946POWERPLAN BF 501-0000-60676 Fund 501 - FACILITY & FLEET REPLACEMENT Total:10,122.74 Fund: 502 - INFORMATION TECHNOLOGY 110.26Cable/Internet - Utilities12/15/21-01/14/22 - WC INTERNET (8105)206961TIME WARNER CABLE 502-0000-61400 2,084.00Cable/Internet - Utilities01/10-02/09/22 - CH INTERNET (2546)206961TIME WARNER CABLE 502-0000-61400 164.14Cable/Internet - Utilities01/12/22-02/11/22 - CH CABLE (4080)206961TIME WARNER CABLE 502-0000-61400 3,179.79Telephone - Utilities12/23/21-01/22/22 - PHONE LINE SVC206963TPX COMMUNICATIONS 502-0000-61300 1,295.00City Clerk, Software Enhancem…03/06/22-03/05/23 - LARGE SCALE SCANN…206923ECS IMAGING INC 502-0000-71047 600.00Consultants12/2021 - CC VIDEO STREAMING206924FISHER INTEGRATED INC 502-0000-60104 800.00Consultants12/2021 - MONTHLY FEE206924FISHER INTEGRATED INC 502-0000-60104 1,190.00Cable/Internet - Utilities01/03-02/02/22 - 2ND CITY INTERNET LINE206925FRONTIER COMMUNICATIONS…502-0000-61400 216.11Cable/Internet - Utilities01/04-02/03/22 - DSL SVC206925FRONTIER COMMUNICATIONS…502-0000-61400 Fund 502 - INFORMATION TECHNOLOGY Total:9,639.30 Fund: 601 - SILVERROCK RESORT 25.50Bank Fees12/2021 -SRR ARMORED SVCS206927GARDAWORLD 601-0000-60455 875.00Repair & Maintenance01/20/22 - SRR KITCHEN PLUMBING REPA…206950ROTO ROOTER PLUMBERS INC 601-0000-60660 Fund 601 - SILVERROCK RESORT Total:900.50 Grand Total:297,180.02 83 Demand Register Packet: APPKT03029 - 01/28/22 JB 2/7/2022 1:15:03 PM Page 4 of 5 Fund Summary Fund Expense Amount 101 - GENERAL FUND 145,278.35 201 - GAS TAX FUND 1,404.60 202 - LIBRARY & MUSEUM FUND 4,543.00 215 - LIGHTING & LANDSCAPING FUND 86,654.66 235 - SO COAST AIR QUALITY FUND 10,164.56 270 - ART IN PUBLIC PLACES FUND 12,237.50 401 - CAPITAL IMPROVEMENT PROGRAMS 16,234.81 501 - FACILITY & FLEET REPLACEMENT 10,122.74 502 - INFORMATION TECHNOLOGY 9,639.30 601 - SILVERROCK RESORT 900.50 Grand Total:297,180.02 Account Summary Account Number Account Name Expense Amount 101-0000-13600 Prepaid Expense 4,416.50 101-0000-20330 Over Payments, AR Policy 84.00 101-0000-22810 Developer Deposits 15,564.15 101-0000-42214 Wellness Center Leisure E…160.00 101-1002-60101 Contract Services - Admini…3,500.00 101-1005-60125 Temporary Agency Servic…211.77 101-1005-60320 Travel & Training 24.49 101-1005-60400 Office Supplies 63.59 101-1006-60400 Office Supplies -11.55 101-1006-60410 Printing 286.50 101-1007-60403 Citywide Supplies 115.35 101-2002-60112 Landscape Contract 1,304.54 101-2002-61300 Telephone - Utilities 1,696.20 101-2002-61304 Mobile/Cell Phones/Satell…123.90 101-3002-60107 Instructors 1,501.90 101-3003-60149 Community Experiences 1,546.53 101-3005-60112 Landscape Contract 48,536.32 101-3005-60117 Civic Center Lake Mainten…1,350.00 101-3005-60184 Fritz Burns Pool Maintena…1,200.00 101-3005-60189 SilverRock Lake Maintena…1,350.00 101-3005-60431 Materials/Supplies 10,797.44 101-3005-60554 LQ Park Water Feature 787.00 101-3005-60690 Uniforms 294.79 101-3005-60691 Maintenance/Services 9,290.00 101-3005-61300 Telephone - Utilities 47.34 101-3007-60461 Marketing & Tourism Pro…592.83 101-3008-60115 Janitorial 12,742.87 101-3008-60691 Maintenance/Services 1,077.00 101-6002-60103 Professional Services 1,040.49 101-6003-60118 Plan Checks 8,158.24 101-6003-60690 Uniforms 85.90 101-6004-60125 Temporary Agency Servic…1,351.60 101-6004-60400 Office Supplies 21.85 101-7002-60103 Professional Services 13,249.50 101-7002-60183 Map/Plan Checking 2,445.00 101-7003-60420 Operating Supplies 124.57 101-7006-60146 PM 10 - Dust Control 147.74 201-7003-60429 Traffic Control Signs 1,404.60 202-3004-60112 Landscape Contract 812.59 202-3004-60115 Janitorial 2,710.66 202-3006-60112 Landscape Contract 169.58 202-3006-60115 Janitorial 727.08 202-3006-61300 Telephone - Utilities 123.09 215-7004-60104 Consultants 5,667.17 215-7004-60112 Landscape Contract 65,331.35 84 Demand Register Packet: APPKT03029 - 01/28/22 JB 2/7/2022 1:15:03 PM Page 5 of 5 Account Summary Account Number Account Name Expense Amount 215-7004-60431 Materials/Supplies 2,602.80 215-7004-60691 Maintenance/Services 12,904.00 215-7004-61116 Electric - Utilities 149.34 235-0000-60186 CVAG 10,164.56 270-0000-60683 APP Maintenance 12,237.50 401-0000-60108 Technical 1,785.00 401-0000-60185 Design 2,200.00 401-0000-60188 Construction 12,249.81 501-0000-60674 Fuel & Oil 1,191.83 501-0000-60676 Vehicle Repair & Mainte…5,842.40 501-0000-71032 Building Leases 3,088.51 502-0000-60104 Consultants 1,400.00 502-0000-61300 Telephone - Utilities 3,179.79 502-0000-61400 Cable/Internet - Utilities 3,764.51 502-0000-71047 City Clerk, Software Enha…1,295.00 601-0000-60455 Bank Fees 25.50 601-0000-60660 Repair & Maintenance 875.00 Grand Total:297,180.02 Project Account Summary Project Account Key Expense AmountProject Account Name Project Name **None**233,949.73**None****None** 18-002E 3,558.75TRAVERTINE CORPORATION EXP TRAVERTINE CORPORATION 201603D 2,200.00Design Expense La Quinta Landscape Renovation Improvement 201704T 1,785.00Technical Expense Eisenhower Retention Basin Landscape Improvements 201804E 12,218.80Landscape & Lighting Median Island …Landscape & Lighting Median Island Improvements 202003CT 9,778.44Construction Expense Citywide Public Safety Camera System 202007CT 600.47Construction Expense SilverRock Retention Basin Soil Stabilization 21-003E 12,005.40THE WAVE EXP CM WAVE DEVELOPMENT 2122TMICT 1,870.90Construction Expense FY21/22 Traffic Maintenance Improvements CSA152E 17,666.00CSA 152 Expenses CSA 152 Project Tracking TREEE 1,546.53Tree Lighting Ceremony Expense Tree Lighting Ceremony Grand Total:297,180.02 85 2/7/2022 1:13:51 PM Page 1 of 5 Demand Register City of La Quinta Packet: APPKT03040 - 02/04/2022 JB AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 101 - GENERAL FUND 41.90Cable/Internet - Utilities01/16-02/15/22 - FS #70 CABLE (1860)207017TIME WARNER CABLE 101-2002-61400 2,921.57Training & Education/MOU01/20/22 - TUITION REIMBURSEMENT A.T…207018TRIPLETT, ALCADIA 101-1004-60322 900.00LQ Police Volunteers03/18/22 - SPONSORSHIP LEVEL FOURSO…207005RIVERSIDE COUNTY DEPUTY S…101-2001-60109 200.00Membership Dues01/01-12/31/22 - MEMBERSHIP RENEWAL…206971AMERICANS FOR THE ARTS 101-3003-60351 1,110.00Sales Taxes Payable10/01-12/31/21 - 4TH QUARTER SALES A…207012SILVERROCK RESORT 101-0000-20304 2,098.00BSAS SB 1473 Fees10/01-12/31/21 - BSAS SB 1473 FEES206975CALIFORNIA BUILDING STAND…101-0000-20306 -209.80CBSC Administrative Fees10/01-12/31/21 - BSAS SB 1473 FEES206975CALIFORNIA BUILDING STAND…101-0000-42615 2,006.00BSAS SB 1473 Fees07/01-09/30/21 - BSAS SB 1473 FEES206975CALIFORNIA BUILDING STAND…101-0000-20306 -200.60CBSC Administrative Fees07/01-09/30/21 - BSAS SB 1473 FEES206975CALIFORNIA BUILDING STAND…101-0000-42615 91.38Cable/Internet - Utilities01/16-02/15/22 - FS #32 CABLE (8152)207017TIME WARNER CABLE 101-2002-61400 114.32Cable/Internet - Utilities01/24-02/23/22 - FS #93 CABLE (2415)207017TIME WARNER CABLE 101-2002-61400 240.48Election Deposit06/01/21 - 2020 CANDIDATE STATEMENT …206983ELECT LINDA EVANS LA QUINT…101-0000-22835 2,750.00Marketing & Tourism Promoti…01/10-02/06/22 - DIGITAL BILLBOARDS207016THE LAMAR COMPANIES 101-3007-60461 275.00Operating Supplies01/2022 - FITNESS EQUIPMENT MAINTEN…206999PAX FITNESS REPAIR 101-3002-60420 1,275.00Map/Plan Checking12/2021 - ONCALL PLAN CHECK SVCS ENG…206990HR GREEN PACIFIC INC 101-7002-60183 30.00Wellness Center Leisure Enric…01/18/22 - WELLNESS CENTER CLASS REF…206995LIEDL, MARY 101-0000-42214 40.00Wellness Center Leisure Enric…01/18/22 - WELLNESS CENTER CLASS REF…206974BOYSEN, PAUL 101-0000-42214 40.00Wellness Center Leisure Enric…01/18/22 - WELLNESS CENTER CLASS REF…206994JUMONVILLE, MARGARET 101-0000-42214 40.00Wellness Center Leisure Enric…01/18/22 - WELLNESS CENTER CLASS REF…207020WHITEMAN, KELLY 101-0000-42214 200.00Repair & Maintenance - EOC01/06/22 - EOC RAIDO REPAIR AND MAIN…206972ANDERSON COMMUNICATION…101-2002-60671 4,100.00Marketing & Tourism Promoti…01/2022 - CREATIVE RETAINER206973ARK CONNECTS LLC 101-3007-60461 550.00Rental Expense12/10/21 - SECURITY LQ MUSEUM WEDDI…207010SERNA & ASSOCIATES 101-3003-60157 277.79Office Supplies10/08/21 - OFFICE SUPPLIES207014STAPLES ADVANTAGE 101-3002-60400 19.99Citywide Supplies01/12/22 - CITY WIDE COFFEE SUPPLIES207014STAPLES ADVANTAGE 101-1007-60403 1,622.23Materials/Supplies01/18/22 - IRRIGATION PARTS207013SMITH PIPE & SUPPLY CO 101-3005-60431 140.00Blood/Alcohol Testing12/2021 - BLOOD/ALCOHOL ANALYSIS (DO…206981DEPARTMENT OF JUSTICE 101-2001-60174 290.00Map/Plan Checking01/26/22 - LAD 2021-0002 ONCALL MAP …207004RASA/ERIC NELSON 101-7002-60183 1,332.00Temporary Agency Services12/03/21 - TEMP AGENCY SVCS G.HU207008ROBERT HALF 101-6002-60125 1,332.00Temporary Agency Services12/10/21 - TEMP AGENCY SVCS G.HU207008ROBERT HALF 101-6002-60125 1,332.00Temporary Agency Services12/17/21 - TEMP AGENCY SVCS G.HU207008ROBERT HALF 101-6002-60125 1,065.60Temporary Agency Services12/24/21 - TEMP AGENCY SVCS G.HU207008ROBERT HALF 101-6002-60125 507.00Maintenance/Services01/08/22 - CH WINDOW TINTING207011SIGNATURE TINT 101-3008-60691 730.00Janitorial01/07/22 - CH COVID CLEANING206996MERCHANTS BUILDING MAINT…101-3008-60115 290.00Janitorial01/10/22 - CH COVID CLEANING206996MERCHANTS BUILDING MAINT…101-3008-60115 1,299.20Janitorial01/07/22 - WC COVID CLEANING206996MERCHANTS BUILDING MAINT…101-3008-60115 730.00Janitorial01/13/22 - CH COVID CLEANING206996MERCHANTS BUILDING MAINT…101-3008-60115 290.00Janitorial01/13/22 - PW YARD COVID CLEANING206996MERCHANTS BUILDING MAINT…101-3008-60115 203.72Materials/Supplies01/13/22 - IRRIGATION PARTS206988HIGH TECH IRRIGATION INC 101-3005-60431 61.22Postage12/22/21 & 12/28/21 - OVERNIGHT MAIL206984FEDEX 101-1007-60470 57.32Postage12/29/21 - OVERNIGHT MAIL206984FEDEX 101-1007-60470 273.00HVAC07/07/21 - REPLACE A/C RUN CAPACITOR …206985FIRST CHOICE A/C & HEATING …101-3008-60667 964.00Maintenance/Services09/15/21 - REPLACE A/C FAN MOTOR AT F…206985FIRST CHOICE A/C & HEATING …101-2002-60691 18,270.60Animal Shelter Contract Service11/2021 - ANIMAL SERVICES206980DEPARTMENT OF ANIMAL SER…101-6004-60197 2,040.37Electricity - Utilities02/03/22 - ELECTRICITY SERVICE206991IMPERIAL IRRIGATION DIST 101-2002-61101 13.31Electric - Monticello Park - Utili…02/03/22 - ELECTRICITY SERVICE206991IMPERIAL IRRIGATION DIST 101-3005-61102 3,134.07Electric - Civic Center Park - Uti…02/03/22 - ELECTRICITY SERVICE206991IMPERIAL IRRIGATION DIST 101-3005-61103 1,697.38Electric - Fritz Burns Park - Utili…02/03/22 - ELECTRICITY SERVICE206991IMPERIAL IRRIGATION DIST 101-3005-61105 4,226.50Electric - Sports Complex - Utili…02/03/22 - ELECTRICITY SERVICE206991IMPERIAL IRRIGATION DIST 101-3005-61106 12.34Electric - Colonel Paige - Utiliti…02/03/22 - ELECTRICITY SERVICE206991IMPERIAL IRRIGATION DIST 101-3005-61108 9,480.60Electric - Community Park - Util…02/03/22 - ELECTRICITY SERVICE206991IMPERIAL IRRIGATION DIST 101-3005-61109 46.86Electric - Adams Park - Utilities02/03/22 - ELECTRICITY SERVICE206991IMPERIAL IRRIGATION DIST 101-3005-61110 13.97Electric - Velasco Park - Utilities02/03/22 - ELECTRICITY SERVICE206991IMPERIAL IRRIGATION DIST 101-3005-61111 24.65Electric - Eisenhower Park - Util…02/03/22 - ELECTRICITY SERVICE206991IMPERIAL IRRIGATION DIST 101-3005-61113 86 Demand Register Packet: APPKT03040 - 02/04/2022 JB 2/7/2022 1:13:51 PM Page 2 of 5 AmountVendor Name Payment Number Description (Item)Account Name Account Number 13.31Electric - Desert Pride - Utilities02/03/22 - ELECTRICITY SERVICE206991IMPERIAL IRRIGATION DIST 101-3005-61114 11,801.50Electricity - Utilities02/03/22 - ELECTRICITY SERVICE206991IMPERIAL IRRIGATION DIST 101-3008-61101 2,542.75Water - Civic Center Park - Utili…02/03/22 - WATER SERVICE206977COACHELLA VALLEY WATER DI…101-3005-61202 270.88Water -Pioneer Park - Utilities02/03/22 - WATER SERVICE206977COACHELLA VALLEY WATER DI…101-3005-61207 1,728.76Water -Community Park - Utilit…02/03/22 - WATER SERVICE206977COACHELLA VALLEY WATER DI…101-3005-61209 1,114.82PM 10 - Dust Control02/03/22 - WATER SERVICE206977COACHELLA VALLEY WATER DI…101-7006-60146 540.00HVAC10/11/21 - A/C DUCTING INSTALL FOR OFF…206985FIRST CHOICE A/C & HEATING …101-3008-60667 388.00Maintenance/Services01/07/22 - FS #70 A/C REPAIRS206985FIRST CHOICE A/C & HEATING …101-2002-60691 125.00HVAC01/01/22 - CH WATER TREATMENT206998PACIFIC WEST AIR CONDITION…101-3008-60667 155.73Gas - Utilities12/22/21-01/24/22 - FS #32 GAS SVC207015THE GAS COMPANY 101-2002-61100 1,248.28Gas - Utilities12/22/21-01/24/22 - CH GAS SVC207015THE GAS COMPANY 101-3008-61100 6,292.27Gas-Utilities FB Pool12/22/21-01/24/22 - FB POOL GAS SVC207015THE GAS COMPANY 101-3005-61100 646.18Gas - Utilities12/22/21-01/24/22 - WC GAS SVC207015THE GAS COMPANY 101-3008-61100 165.00Membership Dues11/22/21 - MEMBERSHIP RENEWAL C.DO…206976CALIFORNIA PARK & RECREAT…101-3002-60351 215.00Membership Dues01/04/22 - IIMC ANNUAL MEMBERSHIP R…206992INTERNATIONAL INSTITUTE OF 101-1005-60351 94.68Cable/Internet - Utilities01/22-02/21/22 - EOC CABLE206982DISH NETWORK 101-2002-61400 142.50Fritz Burns Pool Maintenance11/16/21 - FB POOL HEATER REPAIR206997OCEAN SPRINGS TECH INC 101-3005-60184 4,950.98Fritz Burns Pool Maintenance01/11/22 - FB POOL MOTOR REPLACEME…206997OCEAN SPRINGS TECH INC 101-3005-60184 400.00Fritz Burns Pool Maintenance12/18/21 & 01/08/22 - FB POOL DECK/FL…206997OCEAN SPRINGS TECH INC 101-3005-60184 455.72Fritz Burns Pool Maintenance01/22/22 - FB POOL CAT MAINTENANCE206997OCEAN SPRINGS TECH INC 101-3005-60184 201.49Fritz Burns Pool Maintenance01/26/22 - FB POOL THERMOMETER PUR…206997OCEAN SPRINGS TECH INC 101-3005-60184 1,271.40Fritz Burns Pool Maintenance1/28/22 - FB POOL CAT CONTROLLER PRO…206997OCEAN SPRINGS TECH INC 101-3005-60184 87.19Water - Utilities02/03/22 - WATER SERVICE206977COACHELLA VALLEY WATER DI…101-2002-61200 212.08Water -Eisenhower Park - Utilit…02/03/22 - WATER SERVICE206977COACHELLA VALLEY WATER DI…101-3005-61203 1,535.71Water -Fritz Burns Park - Utiliti…02/03/22 - WATER SERVICE206977COACHELLA VALLEY WATER DI…101-3005-61204 93.83Water -Velasco Park - Utilities02/03/22 - WATER SERVICE206977COACHELLA VALLEY WATER DI…101-3005-61205 876.87Water - Utilities02/03/22 - WATER SERVICE206977COACHELLA VALLEY WATER DI…101-3008-61200 2,774.23Electric - SilverRock Event Site -…02/03/22 - ELECTRICITY SERVICE206991IMPERIAL IRRIGATION DIST 101-3005-61115 47.00Over Payments, AR Policy01/11/22 - BUSINESS LICENSE REFUND LIC…207019TUTUS TORTILLA CHIPS 101-0000-20330 47.00Over Payments, AR Policy01/31/22 - BUSINESS LICENSE FEE REFUND…206989HOBBY LOBBY STORES, INC 101-0000-20330 1,200.00Over Payments, AR Policy01/11/22 - BUILDING PERMIT FEES REFUND206979DE WITTE CONSTRUCTION 101-0000-20330 173.01Mobile/Cell Phones/Satellites01/23-02/22/22 - EOC SATELLITE PHONES207007ROADPOST USA INC.101-2002-61304 6,090.00Plan Checks09/2021 - ONCALL BLDG PLAN REVIEW & …206993INTERWEST CONSULTING GR…101-6003-60118 659,848.09Sheriff Patrol10/21-11/17/21 - BP #5 POLICE SERVICE207006RIVERSIDE COUNTY SHERIFF D…101-2001-60161 28,144.64Police Overtime10/21-11/17/21 - BP #5 POLICE SERVICE207006RIVERSIDE COUNTY SHERIFF D…101-2001-60162 127,281.56Target Team10/21-11/17/21 - BP #5 POLICE SERVICE207006RIVERSIDE COUNTY SHERIFF D…101-2001-60163 59,760.00Community Services Officer10/21-11/17/21 - BP #5 POLICE SERVICE207006RIVERSIDE COUNTY SHERIFF D…101-2001-60164 15,294.40Narcotics Task Force10/21-11/17/21 - BP #5 POLICE SERVICE207006RIVERSIDE COUNTY SHERIFF D…101-2001-60167 135,397.77Motor Officer10/21-11/17/21 - BP #5 POLICE SERVICE207006RIVERSIDE COUNTY SHERIFF D…101-2001-60169 41,721.83Dedicated Sargeants10/21-11/17/21 - BP #5 POLICE SERVICE207006RIVERSIDE COUNTY SHERIFF D…101-2001-60170 23,384.00Dedicated Lieutenant10/21-11/17/21 - BP #5 POLICE SERVICE207006RIVERSIDE COUNTY SHERIFF D…101-2001-60171 26,457.84Sheriff - Mileage10/21-11/17/21 - BP #5 POLICE SERVICE207006RIVERSIDE COUNTY SHERIFF D…101-2001-60172 277.87Special Enforcement Funds10/21-11/17/21 - BP #5 POLICE SERVICE207006RIVERSIDE COUNTY SHERIFF D…101-2001-60175 Fund 101 - GENERAL FUND Total:1,235,860.14 Fund: 201 - GAS TAX FUND 906.18Equipment Rental01/11/22 - BACK HOLE RENTAL207003QUINN COMPANY 201-7003-61701 598.64Electricity - Utilities02/03/22 - ELECTRICITY SERVICE206991IMPERIAL IRRIGATION DIST 201-7003-61101 Fund 201 - GAS TAX FUND Total:1,504.82 Fund: 202 - LIBRARY & MUSEUM FUND 517.63Maintenance/Services01/26/22 - LIGHT BULBS206978CONSOLIDATED ELECTRICAL DI…202-3004-60691 4,972.00HVAC09/07/21 - REPLACE A/C COMPRESSOR AT…206985FIRST CHOICE A/C & HEATING …202-3006-60667 2,994.67Electricity - Utilities02/03/22 - ELECTRICITY SERVICE206991IMPERIAL IRRIGATION DIST 202-3004-61101 764.40Electricity - Utilities02/03/22 - ELECTRICITY SERVICE206991IMPERIAL IRRIGATION DIST 202-3006-61101 14,783.48HVAC12/31/21 - LIBRARY CHILLER EMERGENCY …206998PACIFIC WEST AIR CONDITION…202-3004-60667 125.00HVAC01/01/22 - LIBRARY WATER TREATMENT206998PACIFIC WEST AIR CONDITION…202-3004-60667 808.22Gas - Utilities12/22/21-01/24/22 - LIBRARY GAS SVC207015THE GAS COMPANY 202-3004-61100 Fund 202 - LIBRARY & MUSEUM FUND Total:24,965.40 Fund: 215 - LIGHTING & LANDSCAPING FUND 132.32Operating Supplies01/19/22 - CLOROX WIPES & SANITIZERS207014STAPLES ADVANTAGE 215-7004-60420 87 Demand Register Packet: APPKT03040 - 02/04/2022 JB 2/7/2022 1:13:51 PM Page 3 of 5 AmountVendor Name Payment Number Description (Item)Account Name Account Number 675.00Maintenance/Services01/25/22 - TREE REMOVAL ON AVE 50207002PWLC II, INC 215-7004-60691 16,624.40Water - Medians - Utilities02/03/22 - WATER SERVICE206977COACHELLA VALLEY WATER DI…215-7004-61211 7,755.64Electric - Utilities02/03/22 - ELECTRICITY SERVICE206991IMPERIAL IRRIGATION DIST 215-7004-61116 3,344.10Electric - Medians - Utilities02/03/22 - ELECTRICITY SERVICE206991IMPERIAL IRRIGATION DIST 215-7004-61117 Fund 215 - LIGHTING & LANDSCAPING FUND Total:28,531.46 Fund: 235 - SO COAST AIR QUALITY FUND 702.34Electricity - Utilities02/03/22 - ELECTRICITY SERVICE206991IMPERIAL IRRIGATION DIST 235-0000-61101 Fund 235 - SO COAST AIR QUALITY FUND Total:702.34 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS 603.34Construction01/20/22 - ADAMS FIRE STATION SIGNS207021ZUMAR INDUSTRIES INC 401-0000-60188 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:603.34 Fund: 501 - FACILITY & FLEET REPLACEMENT 4,780.00City Bldg Repl/Repair1/31/22- VINYL FLOORING INSTALL FOR S…206987H&G HOME IMPROVEMENTS I…501-0000-71103 404.06Parts, Accessories, and Upfits12/08/21 - VEHICLE DECALS207000PLANIT REPROGRAPHICS SYST…501-0000-60675 819.59Vehicle Repair & Maintenance11/2021 - CAR WASH MEMBERSHIP207009S&D CARWASH MANAGEMENT…501-0000-60676 819.59Vehicle Repair & Maintenance12/2021 - CAR WASH MEMBERSHIP207009S&D CARWASH MANAGEMENT…501-0000-60676 612.62Vehicle Repair & Maintenance01/11-01/12/22 - BACK HOLE REPAIR207001POWERPLAN BF 501-0000-60676 Fund 501 - FACILITY & FLEET REPLACEMENT Total:7,435.86 Fund: 502 - INFORMATION TECHNOLOGY 8.87Cable/Internet - Utilities01/20-02/19/22 - WC CABLE (1909)207017TIME WARNER CABLE 502-0000-61400 271.79Cable/Internet - Utilities01/24-02/23/22 - WC CABLE (4601)207017TIME WARNER CABLE 502-0000-61400 85.98Cable/Internet - Utilities01/25-02/24/22 - CH INTERNET206986FRONTIER COMMUNICATIONS…502-0000-61400 Fund 502 - INFORMATION TECHNOLOGY Total:366.64 Fund: 601 - SILVERROCK RESORT 388.00Repair & Maintenance08/09/21 - REPAIR A/C SHORT IN SRR BAT…206985FIRST CHOICE A/C & HEATING …601-0000-60660 Fund 601 - SILVERROCK RESORT Total:388.00 Grand Total:1,300,358.00 88 Demand Register Packet: APPKT03040 - 02/04/2022 JB 2/7/2022 1:13:51 PM Page 4 of 5 Fund Summary Fund Expense Amount 101 - GENERAL FUND 1,235,860.14 201 - GAS TAX FUND 1,504.82 202 - LIBRARY & MUSEUM FUND 24,965.40 215 - LIGHTING & LANDSCAPING FUND 28,531.46 235 - SO COAST AIR QUALITY FUND 702.34 401 - CAPITAL IMPROVEMENT PROGRAMS 603.34 501 - FACILITY & FLEET REPLACEMENT 7,435.86 502 - INFORMATION TECHNOLOGY 366.64 601 - SILVERROCK RESORT 388.00 Grand Total:1,300,358.00 Account Summary Account Number Account Name Expense Amount 101-0000-20304 Sales Taxes Payable 1,110.00 101-0000-20306 BSAS SB 1473 Fees 4,104.00 101-0000-20330 Over Payments, AR Policy 1,294.00 101-0000-22835 Election Deposit 240.48 101-0000-42214 Wellness Center Leisure E…150.00 101-0000-42615 CBSC Administrative Fees -410.40 101-1004-60322 Training & Education/MOU 2,921.57 101-1005-60351 Membership Dues 215.00 101-1007-60403 Citywide Supplies 19.99 101-1007-60470 Postage 118.54 101-2001-60109 LQ Police Volunteers 900.00 101-2001-60161 Sheriff Patrol 659,848.09 101-2001-60162 Police Overtime 28,144.64 101-2001-60163 Target Team 127,281.56 101-2001-60164 Community Services Offic…59,760.00 101-2001-60167 Narcotics Task Force 15,294.40 101-2001-60169 Motor Officer 135,397.77 101-2001-60170 Dedicated Sargeants 41,721.83 101-2001-60171 Dedicated Lieutenant 23,384.00 101-2001-60172 Sheriff - Mileage 26,457.84 101-2001-60174 Blood/Alcohol Testing 140.00 101-2001-60175 Special Enforcement Funds 277.87 101-2002-60671 Repair & Maintenance - E…200.00 101-2002-60691 Maintenance/Services 1,352.00 101-2002-61100 Gas - Utilities 155.73 101-2002-61101 Electricity - Utilities 2,040.37 101-2002-61200 Water - Utilities 87.19 101-2002-61304 Mobile/Cell Phones/Satell…173.01 101-2002-61400 Cable/Internet - Utilities 342.28 101-3002-60351 Membership Dues 165.00 101-3002-60400 Office Supplies 277.79 101-3002-60420 Operating Supplies 275.00 101-3003-60157 Rental Expense 550.00 101-3003-60351 Membership Dues 200.00 101-3005-60184 Fritz Burns Pool Maintena…7,422.09 101-3005-60431 Materials/Supplies 1,825.95 101-3005-61100 Gas-Utilities FB Pool 6,292.27 101-3005-61102 Electric - Monticello Park -…13.31 101-3005-61103 Electric - Civic Center Park…3,134.07 101-3005-61105 Electric - Fritz Burns Park -…1,697.38 101-3005-61106 Electric - Sports Complex -…4,226.50 101-3005-61108 Electric - Colonel Paige - U…12.34 101-3005-61109 Electric - Community Park …9,480.60 101-3005-61110 Electric - Adams Park - Util…46.86 101-3005-61111 Electric - Velasco Park - Uti…13.97 101-3005-61113 Electric - Eisenhower Park …24.65 89 Demand Register Packet: APPKT03040 - 02/04/2022 JB 2/7/2022 1:13:51 PM Page 5 of 5 Account Summary Account Number Account Name Expense Amount 101-3005-61114 Electric - Desert Pride - Uti…13.31 101-3005-61115 Electric - SilverRock Event…2,774.23 101-3005-61202 Water - Civic Center Park -…2,542.75 101-3005-61203 Water -Eisenhower Park -…212.08 101-3005-61204 Water -Fritz Burns Park - …1,535.71 101-3005-61205 Water -Velasco Park - Utili…93.83 101-3005-61207 Water -Pioneer Park - Utili…270.88 101-3005-61209 Water -Community Park -…1,728.76 101-3007-60461 Marketing & Tourism Pro…6,850.00 101-3008-60115 Janitorial 3,339.20 101-3008-60667 HVAC 938.00 101-3008-60691 Maintenance/Services 507.00 101-3008-61100 Gas - Utilities 1,894.46 101-3008-61101 Electricity - Utilities 11,801.50 101-3008-61200 Water - Utilities 876.87 101-6002-60125 Temporary Agency Servic…5,061.60 101-6003-60118 Plan Checks 6,090.00 101-6004-60197 Animal Shelter Contract S…18,270.60 101-7002-60183 Map/Plan Checking 1,565.00 101-7006-60146 PM 10 - Dust Control 1,114.82 201-7003-61101 Electricity - Utilities 598.64 201-7003-61701 Equipment Rental 906.18 202-3004-60667 HVAC 14,908.48 202-3004-60691 Maintenance/Services 517.63 202-3004-61100 Gas - Utilities 808.22 202-3004-61101 Electricity - Utilities 2,994.67 202-3006-60667 HVAC 4,972.00 202-3006-61101 Electricity - Utilities 764.40 215-7004-60420 Operating Supplies 132.32 215-7004-60691 Maintenance/Services 675.00 215-7004-61116 Electric - Utilities 7,755.64 215-7004-61117 Electric - Medians - Utiliti…3,344.10 215-7004-61211 Water - Medians - Utilities 16,624.40 235-0000-61101 Electricity - Utilities 702.34 401-0000-60188 Construction 603.34 501-0000-60675 Parts, Accessories, and Up…404.06 501-0000-60676 Vehicle Repair & Mainte…2,251.80 501-0000-71103 City Bldg Repl/Repair 4,780.00 502-0000-61400 Cable/Internet - Utilities 366.64 601-0000-60660 Repair & Maintenance 388.00 Grand Total:1,300,358.00 Project Account Summary Project Account Key Expense AmountProject Account Name Project Name **None**1,291,503.14**None****None** 201806E 4,780.00SilverRock Event Modular Building E…SilverRock Event Space Modular Building 2122TMICT 603.34Construction Expense FY21/22 Traffic Maintenance Improvements CORONANR 3,471.52Corona Non Reimbursable Corona Virus Emergency Response Grand Total:1,300,358.00 90 2/7/2022 10:01:17 AM Page 1 of 2 Payment Reversal Register City of La Quinta APPKT03036 - 02/02/2022 JB Canceled Payables Vendor Set:01 - Vendor Set 01 Bank:APBNKBOW - APBNK- BOW 02585 Vendor Number DUNN-EDWARDS CORPORATION Total Vendor Amount -178.89 Vendor Name Check 204993 02/02/2022 -178.8906/04/2021 02/02/2022 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number:Description Payable AmountDue DatePayable Date 2079520211-R 06/04/202105/17/21 - PAINT SUPPLIES 178.8905/17/2021 09007 Vendor Number RELIABLE ROOFING BY TGY Total Vendor Amount -50.00 Vendor Name Check 204308 02/02/2022 -50.0003/12/2021 02/02/2022 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number:Description Payable AmountDue DatePayable Date 030321-R 03/12/202103/03/21 - BUS LIC OVERPAYMENT REFUND LIC-764642 50.0003/03/2021 09113 Vendor Number ELECT LINDA EVANS LA QUINTA MAYOR Total Vendor Amount -240.48 Vendor Name Check 204994 02/02/2022 -240.4806/04/2021 02/02/2022 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number:Description Payable AmountDue DatePayable Date 060121-R 06/04/202106/01/21- 2020 CANDIDATE STATEMENT DEPOSIT REFUND 240.4806/01/2021 09610 Vendor Number P-AYON PLASTERING CO. Total Vendor Amount -25.00 Vendor Name Check 204757 02/02/2022 -25.0005/07/2021 02/02/2022 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number:Description Payable AmountDue DatePayable Date R64510-R 05/07/202104/28/21 - LATE FEES REFUND LIC 764516 25.0004/28/2021 09997 Vendor Number SMILE BRANDS, INC. Total Vendor Amount -108.00 Vendor Name Check 204763 02/02/2022 -108.0005/07/2021 02/02/2022 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number:Description Payable AmountDue DatePayable Date R64645-R 05/07/202104/28/21 - LATE FEES REFUND LIC 0102508 108.0004/28/2021 10043 Vendor Number SIEGOS TILE + PLUS Total Vendor Amount -11.00 Vendor Name Check 205258 02/02/2022 -11.0007/02/2021 02/02/2022 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number:Description Payable AmountDue DatePayable Date R63385-R 06/30/202106/21/21 - OVERPAYMENT REFUND LIC 765445 11.0006/21/2021 91 Payment Reversal Register Packet: APPKT03036 - 02/02/2022 JB 2/7/2022 10:01:17 AM Page 2 of 2 Bank Code Summary Canceled Payables Payables Left To Pay AgainBank Code Total APBNKBOW -613.37 0.00 -613.37 -613.37 0.00Report Total:-613.37 92 City of La Quinta Bank Transactions 1/24 – 2/4/2022 Wire Transaction Listed below are the wire transfers from 1/24 – 2/4/2022. Wire Transfers: 01/25/2022 - WIRE TRANSFER - J&H ASSET PROPERTY MGMNT INC $32,715.99 01/27/2022 - WIRE TRANSFER - COLONIAL LIFE $5,785.84 02/04/2022 - WIRE TRANSFER - EXPERT PAY $138.46 02/04/2022 - WIRE TRANSFER - CALPERS $1,212.82 02/04/2022 - WIRE TRANSFER - CALPERS $4,818.54 02/04/2022 - WIRE TRANSFER - CALPERS $14,108.14 02/04/2022 - WIRE TRANSFER - CALPERS $22,423.23 02/04/2022 - WIRE TRANSFER - LQCEA $441.00 02/04/2022 - WIRE TRANSFER - ICMA $6,348.94 02/04/2022 - WIRE TRANSFER - LANDMARK $187,333.05 02/04/2022 - WIRE TRANSFER - J&H ASSET PROPERTY MGMT INC $31,497.79 TOTAL WIRE TRANSFERS OUT $306,823.80 ATTACHMENT 2 93 94 City of La Quinta CITY COUNCIL MEETING: February 15, 2022 STAFF REPORT AGENDA TITLE: RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED NOVEMBER 30, 2021 RECOMMENDATION Receive and file revenue and expenditure report dated November 30, 2021. EXECUTIVE SUMMARY •The report summarizes the City’s year-to-date (YTD) revenues and period expenditures for November 2021 (Attachment 1). •These reports are also reviewed by the Financial Advisory Commission. FISCAL IMPACT – None BACKGROUND/ANALYSIS Below is a summary of the column headers used on the Revenue and Expenditure Summary Reports: Original Total Budget – represents revenue and expenditure budgets the Council adopted in June 2021 for fiscal year 2021/22. Current Total Budget – represents original adopted budgets plus any Council approved budget amendments from throughout the year. The 2020/21 operating and Capital Improvement Project carryovers to 2021/22 will be processed after the year-end audit is completed. Period Activity – represents actual revenues received and expenditures outlaid in the reporting month. Fiscal Activity – represents actual revenues received and expenditures outlaid YTD. Variance Favorable/(Unfavorable) - represents the dollar difference between YTD collections/expenditures and the current budgeted amount. Percent Used – represents the percentage activity as compared to budget YTD. CONSENT CALENDAR ITEM NO. 9 95 The revenue report includes revenues and transfers into funds from other funds (income items). Revenues are not received uniformly throughout the year, resulting in peaks and valleys. For example, large property tax payments are usually received in December and May. Similarly, Redevelopment Property Tax Trust Fund payments are typically received in January and June. Any timing imbalance of revenue receipts versus expenditures is funded from the City’s cash flow reserve. The expenditure report includes expenditures and transfers out to other funds. Unlike revenues, expenditures are more likely to be consistent from month to month. However, large debt service payments or CIP expenditures can cause swings. Prepared by: Rosemary Hallick, Financial Services Analyst Approved by: Claudia Martinez, Finance Director Attachment 1: Revenue and Expenditure Report for November 30, 2021 MTD YTD YTD Percent of Budget General Fund (GF)4,414,712$ 13,600,587$ 23.13% All Funds 6,231,482$ 22,270,754$ 24.86% MTD YTD YTD Percent of Budget General Fund 1,004,182$ 11,297,560$ 20.48% Payroll (GF)636,688$ 4,297,379$ 37.93% All Funds 2,240,397$ 32,695,901$ 37.81% November Expenditures November Revenues General Fund Non-General Fund Transient Occupancy (Hotel) Tax 1,191,295$ SilverRock Greens Fees 460,254$ Measure G Sales Tax 914,607$ Sale of Land 348,482$ Sales Tax 613,938$ Gas Tax 226,340$ Fire Service Credit 464,989$ County Sales Tax (Measure A)160,611$ Property Tax 290,787$ Allocated Interest 111,962$ General Fund Non-General Fund Parks Landscape Maintenance 48,536$ SilverRock Maintenance 227,700$ Contract Legal Services 36,083$ Capital Improvement Program - Construction(1)189,690$ Marketing and Tourism Promotions 30,822$ Lighting & Landscape Maintenance 65,331$ Animal Shelter Contract Service 21,342$ Capital Improvement Program -Design(2)58,849$ Parks Materials and Supplies 20,139$ Software Licenses 38,204$ Top Five Revenue/Income Sources for November Top Five Expenditures/Outlays for November (1)CIP Construction: X-Park and Public Safety Cameras (2)CIP Design Services: Landscaping and Fire Station 70 96 For Fiscal: 2021/22 Period Ending: 11/30/2021 1/31/2022 Page 1 of 3 Revenue Summary Fiscal Activity Variance Favorable (Unfavorable)Fund Period Activity Current Total Budget Original Total Budget Percent Used 101 - GENERAL FUND 13,600,5874,414,71258,804,210 58,804,210 -45,203,623 23.13 % 201 - GAS TAX FUND 659,127226,3401,965,880 1,965,880 -1,306,753 33.53 % 202 - LIBRARY & MUSEUM FUND -2,513722,850,700 2,850,700 -2,853,213 0.09 % 203 - PUBLIC SAFETY FUND (MEASURE G)-18005,000 5,000 -5,180 3.60 % 210 - FEDERAL ASSISTANCE FUND -1170151,000 151,000 -151,117 0.08 % 212 - SLESA (COPS) FUND 77,83216,667101,000 101,000 -23,168 77.06 % 215 - LIGHTING & LANDSCAPING FUND 14,05802,274,700 2,274,700 -2,260,642 0.62 % 221 - AB 939 - CALRECYCLE FUND -2,4703,57970,000 70,000 -72,470 3.53 % 223 - MEASURE A FUND 476,880160,6111,567,000 1,567,000 -1,090,120 30.43 % 225 - INFRASTRUCTURE FUND -80100100 -108 7.77 % 226 - EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG)19,05928,80912,000 12,000 7,059 158.83 % 227 - STATE HOMELAND SECURITY PROGRAMS (SHSP)005,000 5,000 -5,000 0.00 % 230 - CASp FUND, AB 1379 8,1911,60019,200 19,200 -11,009 42.66 % 231 - SUCCESSOR AGCY PA 1 RORF 48,79448,77800 48,794 0.00 % 235 - SO COAST AIR QUALITY FUND -16052,800 52,800 -52,816 0.03 % 237 - SUCCESSOR AGCY PA 1 ADMIN -74000 -74 0.00 % 241 - HOUSING AUTHORITY 946,127535,730871,400 871,400 74,727 108.58 % 243 - RDA LOW-MOD HOUSING FUND -1,129035,000 35,000 -36,129 3.23 % 247 - ECONOMIC DEVELOPMENT FUND -1,224030,000 30,000 -31,224 4.08 % 249 - SA 2011 LOW/MOD BOND FUND (Refinanced in 2016)6,0830201,000 201,000 -194,917 3.03 % 250 - TRANSPORTATION DIF FUND 1,287,49892,207428,000 428,000 859,498 300.82 % 251 - PARKS & REC DIF FUND 242,13248,438351,000 351,000 -108,868 68.98 % 252 - CIVIC CENTER DIF FUND 207,02228,290152,000 152,000 55,022 136.20 % 253 - LIBRARY DEVELOPMENT DIF 45,5859,13150,000 50,000 -4,415 91.17 % 254 - COMMUNITY & CULTURAL CENTERS DIF 108,06321,98872,000 72,000 36,063 150.09 % 255 - STREET FACILITY DIF FUND 31,463000 31,463 0.00 % 256 - PARK FACILITY DIF FUND 40000 40 0.00 % 257 - FIRE PROTECTION DIF 72,3178,48766,000 66,000 6,317 109.57 % 270 - ART IN PUBLIC PLACES FUND 93,2214,798130,000 130,000 -36,779 71.71 % 275 - LQ PUBLIC SAFETY OFFICER -2002,600 2,600 -2,620 0.76 % 299 - INTEREST ALLOCATION FUND 546,935111,96200 546,935 0.00 % 310 - LQ FINANCE AUTHORITY DEBT SERVICE 001,100 1,100 -1,100 0.00 % 401 - CAPITAL IMPROVEMENT PROGRAMS 1,505,94909,894,806 9,894,806 -8,388,857 15.22 % 405 - SA PA 1 CAPITAL IMPRV FUND -458000 -458 0.00 % 501 - FACILITY & FLEET REPLACEMENT 297,3428611,222,750 1,222,750 -925,408 24.32 % 502 - INFORMATION TECHNOLOGY 448,0951,9301,786,700 1,786,700 -1,338,605 25.08 % 503 - PARK EQUIP & FACILITY FUND 86,0260400,000 400,000 -313,974 21.51 % 504 - INSURANCE FUND 252,35701,010,800 1,010,800 -758,443 24.97 % 601 - SILVERROCK RESORT 1,115,764536,1904,157,693 4,157,693 -3,041,929 26.84 % 602 - SILVERROCK GOLF RESERVE -210067,000 67,000 -67,210 0.31 % 760 - SUPPLEMENTAL PENSION PLAN -3806,000 6,000 -6,038 0.63 % 761 - CERBT OPEB TRUST -2,759080,000 80,000 -82,759 3.45 % 762 - PARS PENSION TRUST 85,420-69,697700,000 700,000 -614,580 12.20 % Report Total:6,231,482 22,270,75489,594,439 89,594,439 -67,323,685 24.86 % Accounts are subject to adjusting entries and audit. The City's Annual Comprehensive Financial Report published annually in December, is the best resource for all final audited numbers. ATTACHMENT 1 97 For Fiscal: 2021/22 Period Ending: 11/30/2021 1/31/2022 Page 2 of 3 Expenditure Summary Fiscal Activity Variance Favorable (Unfavorable)Fund Period Activity Current Total Budget Original Total Budget Percent Used 101 - GENERAL FUND 11,297,5601,004,18255,162,726 55,162,726 43,865,166 20.48 % 201 - GAS TAX FUND 300,64737,4252,007,500 2,007,500 1,706,853 14.98 % 202 - LIBRARY & MUSEUM FUND 150,49922,8464,306,510 4,306,510 4,156,011 3.49 % 203 - PUBLIC SAFETY FUND (MEASURE G)89,541000 -89,541 0.00 % 210 - FEDERAL ASSISTANCE FUND 00148,350 148,350 148,350 0.00 % 212 - SLESA (COPS) FUND 4,5760100,000 100,000 95,424 4.58 % 215 - LIGHTING & LANDSCAPING FUND 756,042151,8752,257,400 2,257,400 1,501,358 33.49 % 220 - QUIMBY FUND 330,300000 -330,300 0.00 % 221 - AB 939 - CALRECYCLE FUND 00150,000 150,000 150,000 0.00 % 223 - MEASURE A FUND 58,15901,220,500 1,220,500 1,162,341 4.77 % 226 - EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG)0012,000 12,000 12,000 0.00 % 227 - STATE HOMELAND SECURITY PROGRAMS (SHSP)005,000 5,000 5,000 0.00 % 230 - CASp FUND, AB 1379 005,600 5,600 5,600 0.00 % 231 - SUCCESSOR AGCY PA 1 RORF 13,502,588000 -13,502,588 0.00 % 235 - SO COAST AIR QUALITY FUND 1,81756142,500 42,500 40,683 4.28 % 237 - SUCCESSOR AGCY PA 1 ADMIN 500000 -500 0.00 % 241 - HOUSING AUTHORITY 416,51585,6401,542,200 1,542,200 1,125,685 27.01 % 243 - RDA LOW-MOD HOUSING FUND 7000250,000 250,000 249,300 0.28 % 247 - ECONOMIC DEVELOPMENT FUND 16,50016,50021,500 21,500 5,000 76.74 % 249 - SA 2011 LOW/MOD BOND FUND (Refinanced in 2016)30,545020,000 20,000 -10,545 152.73 % 250 - TRANSPORTATION DIF FUND 400,0000604,500 604,500 204,500 66.17 % 253 - LIBRARY DEVELOPMENT DIF 0030,000 30,000 30,000 0.00 % 254 - COMMUNITY & CULTURAL CENTERS DIF 00125,000 125,000 125,000 0.00 % 270 - ART IN PUBLIC PLACES FUND 35,0569,600127,000 127,000 91,944 27.60 % 310 - LQ FINANCE AUTHORITY DEBT SERVICE 001,100 1,100 1,100 0.00 % 401 - CAPITAL IMPROVEMENT PROGRAMS 1,946,260288,2629,894,806 9,894,806 7,948,546 19.67 % 405 - SA PA 1 CAPITAL IMPRV FUND 3,368000 -3,368 0.00 % 501 - FACILITY & FLEET REPLACEMENT 192,41711,6351,222,750 1,222,750 1,030,333 15.74 % 502 - INFORMATION TECHNOLOGY 656,35299,9381,786,700 1,786,700 1,130,348 36.74 % 503 - PARK EQUIP & FACILITY FUND 6,9720255,000 255,000 248,028 2.73 % 504 - INSURANCE FUND 850,2510936,800 936,800 86,549 90.76 % 601 - SILVERROCK RESORT 1,610,240506,8684,161,262 4,161,262 2,551,022 38.70 % 760 - SUPPLEMENTAL PENSION PLAN 12,833012,850 12,850 17 99.87 % 761 - CERBT OPEB TRUST 44601,500 1,500 1,054 29.72 % 762 - PARS PENSION TRUST 25,2155,06752,000 52,000 26,785 48.49 % Report Total:2,240,397 32,695,90186,463,054 86,463,054 53,767,153 37.81 % Accounts are subject to adjusting entries and audit. The City's Annual Comprehensive Financial Report published annually in December, is the best resource for all final audited numbers. 98 Fund #Name Notes 101 General Fund The primary fund of the City used to account for all revenue and expenditures of the City; a broad range of municipal activities are provided through this fund. 201 Gas Tax Fund Gasoline sales tax allocations received from the State which are restricted to street-related expenditures. 202 Library and Museum Fund Revenues from property taxes and related expenditures for library and museum services. 203 Public Safety Fund General Fund Measure G sales tax revenue set aside for public safety expenditures. 210 Federal Assistance Fund Community Development Block Grant (CDBG) received from the federal government and the expenditures of those resources. 212 SLESF (COPS) Fund Supplemental Law Enforcement Services Funds (SLESF) received from the State for law enforcement activities. Also known as Citizen's Option for Public Safety (COPS). 215 Lighting & Landscaping Fund Special assessments levied on real property for city-wide lighting and landscape maintenance/improvements and the expenditures of those resources. 220 Quimby Fund Developer fees received under the provisions of the Quimby Act for park development and improvements. 221 AB939 Fund/Cal Recycle Franchise fees collected from the city waste hauler that are used to reduce waste sent to landfills through recycling efforts. Assembly Bill (AB) 939. 223 Measure A Fund County sales tax allocations which are restricted to street-related expenditures. 224 TUMF Fund Developer-paid Transportation Uniform Mitigation Fees (TUMF) utilized for traffic projects in Riverside County. 225 Infrastructure Fund Developer fees for the acquisition, construction or improvement of the City’s infrastructure as defined by Resolution 226 Emergency Mgmt. Performance Grant (EMPG)Federal Emergency Management Agency (FEMA) grant for emergency preparedness. 227 State Homeland Security Programs (SHSP)Federal Emergency Management Agency (FEMA) grant for emergency preparedness. 230 CASP Fund, AB1379 / SB1186 Certified Access Specialist (CASp) program fees for ADA Accessibility Improvements; derived from Business License renewals. Assembly Bill (AB) 1379 and Senate Bill (SB) 1186. 231 Successor Agency PA 1 RORF Fund Successor Agency (SA) Project Area (PA) 1 Redevelopment Obligation Retirement Fund (RORF) for Redevelopment Property Tax Trust Fund (RPTTF) taxes received for debt service payments on recognized obligations of the former Redevelopment Agency (RDA). 235 SO Coast Air Quality Fund (AB2766, PM10)Contributions from the South Coast Air Quality Management District. Uses are limited to the reduction and control of airborne pollutants. Assembly Bill (AB) 2766. 237 Successor Agency PA 1 Admin Fund Successor Agency (SA) Project Area (PA) 1 for administration of the Recognized Obligation Payment Schedule (ROPS) associated with the former Redevelopment Agency (RDA). 241 Housing Authority Activities of the Housing Authority which is to promote and provide quality affordable housing. 243 RDA Low-Moderate Housing Fund Activities of the Housing Authority which is to promote and provide quality affordable housing. Accounts for RDA loan repayments (20% for Housing) and housing programs,. 244 Housing Grants Activites related Local Early Action Planning (LEAP) and SB2 grants for housing planning and development. 247 Economic Development Fund Proceeds from sale of City-owned land; transferred from General Fund for future economic development. 249 SA 2011 Low/Mod Bond Fund Successor Agency (SA) low/moderate housing fund; 2011 bonds refinanced in 2016. 250 Transportation DIF Fund Developer impact fees collected for specific public improvements - transportation related. 251 Parks & Rec. DIF Fund Developer impact fees collected for specific public improvements - parks and recreation. 252 Civic Center DIF Fund Developer impact fees collected for specific public improvements - Civic Center. 253 Library Development DIF Fund Developer impact fees collected for specific public improvements - library. 254 Community Center DIF Fund Developer impact fees collected for specific public improvements - community center. 255 Street Facility DIF Fund Developer impact fees collected for specific public improvements - streets. 256 Park Facility DIF Fund Developer impact fees collected for specific public improvements - parks. 257 Fire Protection DIF Fund Developer impact fees collected for specific public improvements - fire protection. 270 Art In Public Places Fund Developer fees collected in lieu of art placement; utilized for acquisition, installation and maintenance of public artworks. 275 LQ Public Safety Officer Fund Annual transfer in from General Fund; distributed to public safety officers disabled or killed in the line of duty. 299 Interest Allocation Fund Interest earned on investments. 310 LQ Finance Authority Debt Service Fund Accounted for the debt service the Financing Authority’s outstanding debt and any related reporting requirements. This bond was fully paid in October 2018. 401 Capital Improvement Program Fund Planning, design, and construction of various capital projects throughout the City. 405 SA PA 1 Capital Improvement Fund Successor Agency (SA) Project Area (PA) 1 bond proceeds restricted by the bond indenture covenants. Used for SilverRock infrastructure improvements. 501 Equipment Replacement Fund Internal Service Fund for vehicles, heavy equipment, and related facilities. 502 Information Technology Fund Internal Service Fund for computer hardware and software and phone systems. 503 Park Equipment & Facility Fund Internal Service Fund for park equipment and facilities. 504 Insurance Fund Internal Service Fund for city-wide insurance coverages. 601 SilverRock Resort Fund Enterprise Fund for activities of the city-owned golf course. 602 SilverRock Golf Reserve Fund Enterprise Fund for golf course reserves for capital improvements. 760 Supplemental Pension Plan (PARS Account)Supplemental pension savings plan for excess retiree benefits to general employees of the City. 761 Other Post Benefit Obligation Trust (OPEB)For retiree medical benefits and unfunded liabilities. 762 Pension Trust Benefit (PARS Account)For all pension-related benefits and unfunded liabilities. Fund Descriptions Page 3 of 3 99 100 City of La Quinta CITY COUNCIL MEETING: February 15, 2022 STAFF REPORT AGENDA TITLE: APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE CITYWIDE STRIPING REFRESH (PROJECT NO. 2021-04) RECOMMENDATION Approve plans, specifications, engineer’s estimate, and authorize Staff to bid the Citywide Striping Refresh Project. EXECUTIVE SUMMARY •This Fiscal Year 2021/22 Citywide Striping Refresh Project includes refreshing all roads throughout La Quinta that are classified as arterials, secondaries, and collectors (Attachment 1). •This project also includes as an additive alternate adding striping to create buffered bike lanes, parking lanes, and adding markers and yellow edge lines to medians. These stripes would increase safety and do not require striping to be removed. FISCAL IMPACT The project is in the FY 2021/22 Capital Improvement Program (CIP) and has General Funds assigned in the amount of $400,000. Considering the engineer’s estimate in the amount of $400,000, the following is the anticipated project budget for Citywide Striping Refresh: Project Total Budget Professional/Design: $ 53,000 Inspection/Testing/Survey: $ 27,000 Construction: $ 280,000 Contingency: $ 40,000 Total Budget: $ 400,000 CONSENT CALENDAR ITEM NO. 10 101 BACKGROUND/ANALYSIS These improvements will refresh striping on the majority of the City’s roadways and replace missing or damaged pavement markers. Included in the project as an additive alternate are additional new striping to create buffered bike lanes, parking lanes, and adding missing yellow edge lines to the following streets: • Adams Street • Airport Boulevard • Avenida La Fonda • Avenue 47 • Avenue 50 • Avenue 52 • Desert Club Drive • Dune Palms Road • Eisenhower Drive • Jefferson Street • Madison Street • Miles Avenue • Park Avenue • Seeley Drive • Simon Drive • Westward Ho Drive Contingent upon approval to advertise the project for bid on February 15, 2022, the following is the project schedule: Council Bid Authorization February 15, 2022 Bid Period February 16 to March 16, 2022 Council Considers Project Award April 5, 2022 Execute Contract and Mobilize April to May, 2022 Construction (30 Working Days) May to June 2022 Accept Improvements July 2022 ALTERNATIVES Staff does not recommend an alternative. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, Public Works Director/ City Engineer Attachment: 1. Site Map 102 60TH AVE 54TH AVE 50TH AVE 58TH AVE 52ND AVE MONROE STMADISON ST62ND AVE MILES AVE JEFFERSON STSH-111 AIRPORT BLVWASHINGTON STEISENHOWER DR48TH AVE ® ATTACHMENT 1 ATTACHMENT 1103103 104 City of La Quinta CITY COUNCIL MEETING: February 15, 2022 STAFF REPORT AGENDA TITLE: APPROVE REQUEST TO AMEND THE LAW ENFORCEMENT SERVICE AGREEMENT WITH RIVERSIDE COUNTY SHERIFF’S DEPARTMENT TO CONVERT TWO TRAFFIC CAR POSITIONS TO TRAFFIC MOTOR POSITIONS RECOMMENDATION Approve request to amend the Law Enforcement Service Agreement with the Riverside County Sheriff’s Department to convert two traffic car positions to traffic motor positions; and authorize the City Manager to execute the amendment. EXECUTIVE SUMMARY Since 1982, the City of La Quinta has contracted with the Riverside County Sheriff’s Department (RCDS) for law enforcement services. La Quinta Sheriff’s traffic team is currently staffed with five (5) traffic enforcement officers, consisting of three (3) traffic car officers, and two (2) motors officers. On January 20, 2022, the City Manager received a letter from the RCDS requesting that two (2) traffic car positions be converted to motor positions to better serve the community (Attachment 1). If Council approves this request, an amendment to the current Law Enforcement Agreement (Attachment 2) will need to be authorized. FISCAL IMPACT The cost of converting two traffic officers to motor officers, is estimated at approximately $74,000, which includes the cost of two new motorcycles, uniforms, equipment, and motor deputy pay differential ($1.93 per hour more over the deputy rate). Training costs will be covered by the RCSD. Recurring annual cost thereafter is estimated to be about $24,660 a year for the two motors. The net annual increase is estimated to be $14,220 after savings associated with less patrol car mileage. Funds to cover this request are available in the Fiscal Year 2021-22 Police Service Budget. CONSENT CALENDAR ITEM NO. 11 105 PULLED FROM CONSENT CALENDAR AND CONSIDERED AS BUSINESS ITEM NO. 2 BACKGROUND/ANALYSIS The City contracts with RCSD to provide law enforcement services. Under the current Sheriff’s contract, La Quinta has 1 Lieutenant, 2 Sergeants, an average of 25 Deputies assigned to daily patrol services, 5 Deputies allocated to the Target Team, 2 Motor Officers, 3 Traffic Officers, 2 Deputies appointed to the Narcotics and Gang Task Force, and 6 Community Service Officers. In January 2022, Lt. Andy Martinez submitted a request recommending that the City convert two traffic car officers to motor officers to enhance the traffic enforcement efforts and support community needs. Per the request, Lt. Martinez states that by increasing the number of motor officers to four units, the department will improve its visibility in areas known for speeding and/or traffic issues and increase motor officers’ coverage throughout the week. Moreover, motor officers compared to patrol cars have better maneuverability and positional opportunities to observe and monitor traffic and provide a visible deterrent for drivers, therefore enhancing traffic safety in La Quinta. ALTERNATIVES Council could elect to delay, modify, or reject the requested amendment to the law enforcement contract. Prepared by: Martha Mendez, Public Safety Manager Approved by: Jon McMillen, City Manager Attachments: 1. Lt. Martinez’s Motor Conversion Request 2. Law Enforcement Service Agreement 106 1 TO: City Manager Jon McMillen DATE: January 20, 2022 FROM: Lt. Andy Martinez SUBJECT: Conversion of Two Traffic Car Positions to Motor Positions ______________________________________________________________________________ Attachments 1.Motorcycle Conversion Fiscal Impact Worksheet Recommendation The Sheriff’s Department is currently staffed with 5 traffic enforcement officers, two deployed on patrol motors and three in patrol cars. We are requesting the conversion of two patrol car positions to patrol motor positions to enhance traffic safety efforts and support local events with large vehicle and pedestrian attendance. These units will be deployed in areas where there are complaints of excessive speeding or a high volume of collisions and will allow greater weekday coverage. The smaller profile of a patrol motor allows for greater maneuverability and positional opportunities to observe and monitor traffic not available to patrol cars, which can maximize the visible deterrent impact and safety objectives. Fiscal Impact The costs to convert two existing traffic car positions to traffic motor positions include capital expenditures and reoccurring annual costs to purchase, operate and maintain the motorcycles. The first-year capital costs estimated at $74,000, are related to the purchase of two BMW motorcycles and personal protective equipment. Prerequisite training programs are reimbursable to the Sheriff’s Department, and as a result, no funding for this initial training is requested. Reoccurring annual costs include motor fuel, maintenance and safety/hazard pay at an estimated annual cost of $24,660 for two motors. _________________________________ Lt. Andy Martinez RIVERSIDE COUNTY SHERIFF’S DEPARTMENT CHAD BIANCO, SHERIFF ATTACHMENT 1 107 108 City of La Quinta Traffic Motorcycle Conversion Fiscal Impact DESCRIPTION Positions Hours Per Day Trend FY 20/21 EST Rate Days Est. Increase FY 21/22 EST Rate Per Position Request General Law Enforcement (Patrol) 130 100%$197.90 365 5.00%$207.80 N/A N/A DESCRIPTION Positions Hours Per Year Trend %FY 20/21 EST Rate FY 20/21 Differential Est. Increase FY 21/22 EST Rate FY 21/22 Differential Per Position Request Dedicated Traffic Position (sdc-b)-2 2088 100%$169.37 $0.00 5.00%$177.84 $8.47 ($371,326.79)($742,653.58) Dedicated Motorcyle Positions 2 2088 100%$169.37 $0.00 5.00%$177.84 $8.47 $371,326.79 $742,653.58 DESCRIPTION DETAIL Cost Positions FY 20/21 EST Rate Est. Increase Est FY 21/22 Rate Qty/Periods Initial Cost Reoccuring Cost Mileage Cost Traffic Cars @ $.87 per mile 2 $0.87 $0.00 $0.87 6,000 $10,440.00 Mileage Cost Traffic Cars 2 ($0.87)$0.00 ($0.87)6,000 ($10,440.00) Mileage Cost Traffic Motors No Charge 2 $0.00 Differentials Motor Deputy Pay 2 $1.93 $0.00 $1.93 2088 $8,059.68 Motor Fuel Avg. $300/Month 300.00$ 2 12 $0.00 $7,200.00 Motor Maintenance Avg. $300/Month 350.00$ 2 12 $0.00 $8,400.00 BMW Motorcycles 32,000.00$ 2 $64,000.00 $0.00 Uniforms Shirts,Pants,Jacket,Gloves 3,800.00$ 2 $7,600.00 $760.00 Equipment Helmet 1,200.00$ 2 $2,400.00 $240.00 Training POST Reimbursed / Department Covered 2 $0.00 $0.00 $0.00 $0.00 TOTAL $74,000.00 $24,659.68 Traffic Car Savings Position Cost ($742,653.58) Mileage ($10,440.00) TOTAL ($753,093.58) Traffic Motor Costs Position Cost $742,653.58 Reoccuring Cost $24,659.68 TOTAL $767,313.26 Initial Investment $74,000.00 Annual Budget Impact (est.)$24,659.68 109 110 Original 3 of 3 AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF LA QUINTA AND THE COUNTY OF RIVERSIDE THIS AGREEMENT is made and entered into by and between the CITY OF LA QUINTA, a Charter city, hereinafter "City," and the COUNTY OF RIVERSIDE, a political subdivision of'the State of California, on behalf of the Riverside County Sheriff's Department, hereinafter "County." IT IS THEREFORE AGREED AS FOLLOWS: 1. TERM 1.1 Effective Dates. This Agreement shall be effective from July 1, 2021 through June 30, 2023. 1.2 Renewal. In the event City desires to terminate this Agreement at the end of any current two (2) year period, the City Council, not later than twelve (12) months preceding the expiration date of the current term of this Agreement, shall notify the Sheriff and the Board of Supervisors that it wishes to terminate the sani.e. 1.3 Termination. Notwithstanding the provisions of Paragraphs 1.1 and 1.2 herein, either party may terminate this Agreement upon notice in writing to the other party of not less than twelve (12) months prior to the effective termination date. 2. SCOPE OF SERVICE . 2.1 Services. The County agrees, through Sheriff thereof, to provide municipal police protection within the corporate limits of City to the extent and in the manner hereinafter set forth. It is understood that the Sheriff's Department shall be the sole provider of general and specialized law enforcement services within the corporate limits of City. City shall not hire any other persons or company to provide general and specialized law enforcement services within the corporate limits of City. However, City is not precluded by any language in this section from hiring an unarmed code enforcement unit. The Sheriff's services shall encompass duties and functions of the type falling under the jurisdiction of and customarily rendered by a police department of the City under State statutes. Such services shall include the enforcement of State Criminal Codes and all pertinent City criminal codes and ordinances. Services shall also include traffic enforcement and related services to the extent possible given the size of the force provided for in this Agreement. County agrees to provide all investigative support necessary to complete criminal investigations conducted hereunder. However, all investigator overtime will be charged to City at the Board of Supervisors approved hourly overtime rate. 1 JUN 22 2021 ~aa ATTACHMENT 2 111 Original 3 of 3 2.2 California Identification System (CAL-ID) and Records Management System. (RMS) City agrees as a condition of receiving services hereunder to participate in CAL-ID and RMS under the terms and conditions set forth in this Section and to pay for these services under separate billings. 2.2A Definitions. For purposes of this agreement the following are some of the more common definitions which shall apply, but shall not be limited by this reference: a) Records Management System (RMS) Functions shall mean the software functions provided to City by County, which are supplied by the RMS. These functions shall include inquiry and case entry into the RMS, access to the Master Name Index, Warrant and Master Location Index and Jail Locator databases. b) The California Law Enforcement Telecommunications System Access (CLETS) shall mean that access to the Department of Justice computers provided by County to City. c) Work Station shall mean those County devices and software, which are used by City to access RMS functions and the CLETS. d) LA WNET shall mean the County's law enforcement telecommunications network consisting of County provided data circuits, digital service units, routers, hubs and other County provided hardware and software that is used by City to connect work stations to RMS services as defined below. e) County Services shall mean the collective hardware and software, work LA WNET, stations, RMS functions and CLETS. 2.2B Scope of RMS Services . County agrees to provide to City full access to the RMS and CLETS systems. CLETS access will be provided within the scope of CLETS access rules and regulations as established by the California State Department of Justice . 2.2C Provision of RMS Supervision, Labor and Equipment. Supervision over the provision of County Services, the standards of performance and other matters incident to the performance of such services, shall remain with County. Security of the host system and control of LA WNET shall remain with County. The County shall furnish all labor and equipment for the host system necessary to maintain the level of service rendered hereunder. In the event City chooses to provide PC-based equipment for services defined herein, the equipment must be configured in accordance with County specifications. Further, City shall not alter the configuration of any PC-based equipment used to provide services herein without the permission of Sheriffs Information Technology Officer. 2 112 Original 3 of 3 2.2D Establishment of RMS Rates and Payment of Costs . Establishment of RMS rates and payments for provided services shall be as specified in Sections 7 .2 and 7.4 of this Agreement. 3. LEVEL OF SERVICE 3 .1 Level of Service Specified. County shall provide all enforcement services at the level specified in Attachment A, attached hereto and incorporated herein by this reference . 3 .2 Variation in Level of Service. Variations in the level of service shall be made by amendment, as provided for in Section 11 of this Agreement, and under the following terms: If City requests an increase in the level of service to be provided under this Agreement, County agrees to provide such increased level of service as soon as is practicable, consistent with the ability of the Sheriff to hire and train recruits. If City elects to reduce the level of service provided herein by ten percent (10%) or greater, City must give notice in writing to County not less than twelve (12) calendar months prior to the effective date of such reduction. If City elects to reduce the level of service provided herein by less than ten percent ( 10% ), County agrees to reduce the level of service accordingly as soon as it is practicable. The level of service, however , may not be reduced to below the minimum level, as determined by County, required to ensure public and officer safety. 4. CHIEF OF POLICE The Sheriff will, to the extent practical , coordinate appointment of a Police Chief with City and consult with City on final selection for the position. 5. PROVISION OF SUPERVISION, LABOR, AND EQUIPMENT 5.1 Supervision. Supervision over the rendition of law enforcement services, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed, shall remain with County. The Sheriff or a designated representative will meet and confer with the City Manager or a designated representative on questions related to the provision of services . 5.2 Labor and Equipment. For the purpose of performing said services, County shall furnish and supply all labor, supervision, equipment, communication services, and supplies necessary to maintain the level of service to be rendered hereunder. Location of the above will not necessarily be within City limits. Notwithstanding anything herein contained, it is agreed that in all instances where specific equipment used solely to support specialized enforcement activities within the City not normally provided by the Sheriff is to be used, or where special supplies , stationery, notices , forms , and the like related to law enforcement are to be issued in the name of City, such equipment and materials shall be supplied by City at its own cost and expense . Any such special equipment or materials so purchased by City shall meet with the 3 113 Original 3 of 3 Sheriffs specifications shall remain within the City limits, and ownership title thereto shall remain with City. However, under no circumstances shall City purchase or otherwise provide general patrol vehicles for services provided pursuant to this agreement without permission of Sheriff. The County shall provide all marked general Patrol vehicles to City and shall charge City for their use on a per mile basis . 5.3 City-Owned Motorcycles and Specialized Support Vehicles . In the event City chooses to provide motorcycles or specialized support vehicles for use in providing services hereunder, the motorcycles or specialized support vehicles shall meet minimum specifications furnished by County, shall be adequately equipped and ready for use, and shall be registered in the name of City. It is further understood that City is providing motorcycles or specialized support vehicles to Sheriff expressly for law enforcement services and shall only be operated by Sheriffs personnel, or persons authorized by the Sheriff. City shall bear the cost of maintenance , fuel, licensing, and any and all expenses associated with use of the motorcycles and specialized support vehicles for the provision of services hereunder, which is inclusive of responsibility for any and all cost for physical damage to the City-owned motorcycles or specialized support vehicles. However, County shall be responsible for the cost of all third party liability caused by the operation of the City-owned motorcycles or specialized support vehicles, including the property damage caused by the negligence or wrongful acts of County officers and employees while operating City-owned motorcycles and specialized support vehicles . Motorcycles and specialized support vehicles shall be used only for city-approved functions. 5.4 Vehicle Insurance. City shall maintain insurance for any physical damage to the City-owned vehicles in an amount equal to the replacement value of all vehicles provided to the County under this agreement. Policy shall, by endorsement, name the County of Riverside, its Departments , Districts , Agencies and Special Districts , their respective directors , officers , Board of Supervisors , elected and appointed officials, employees, agents, or representatives as Additional Insureds. Such insurance may be provided through a program of self-insurance. General Insurance Provisions -All lines: a. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. BEST rating of not less than an A: VIII (A: 8) unless such requirements are waived, in writing , by the County Risk Manager. If the County's Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term. b . The City shall cause their insurance carrier(s) to furnish the County of Riverside with 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein; or, 2) if requested to do so orally or in writing by the County Risk Manager, provide original certified copies of policies including all Endorsements and all attachments thereto, showing 4 114 Original 3 of 3 such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that shall provide no less than thirty (30) days written notice be given to the County of Riverside prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverages and the insurance required herein are in full force and effect. Individual(s) authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance. If County is utilizing City-owned vehicles, operations shall not commence until the County of Riverside has been furnished original Certificate (s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Section. c. It is understood and agreed by the parties hereto and the City's insurance company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary insurance, and the County's insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory . 6. EMPLOYMENTSTATUSOFPERSONNEL 6.1 Employment Status. Any persons employed by County for the performance of services and functions pursuant to this Agreement shall remain employees of County on special assignment to City for the purposes of this Agreement, and shall not be considered employees of City. No such County employee shall have any entitlement to compensation, workers' compensation coverage, pension, or civil service benefits from City. 6.2 Labor Shortage . In the event of a work slow-down, strike, or any other form of job action by those individuals assigned to City, County agrees to provide only that level of service which may be available through mutual aid, pursuant to Government Code Section 8615, et seq . City shall be billed only for the actual hours of service received. 7. COMPENSATION 7 .1 Payment Basis. City shall reimburse County the cost of rendering services hereunder at rates established by the County Board of Supervisors, which rates shall include all items of cost and expense to the Sheriff for providing the services hereunder. Such cost of services shall be established by the County Board of Supervisors in the form of hourly rates for Sheriffs Department personnel, vehicle mileage rates, facility use rates, RMS transaction fees and CAL- ID fees. "Cost" as used herein shall not include items of expense attributable to services normally provided or available to all territory within the County as part of County's obligation to enforce 5 115 Original 3 of 3 State law. In addition to any other fees or costs set forth herein, County may impose on City, and City shall pay upon receipt of an invoice from County, a criminal justice administrative fee consistent with Government Code Section 29550 with respect to arrests made by County employees pursuant to this Agreement just as if such arrests had been made by City employees. Pursuant to Government Code Section 51350, County shall not charge City for services it would provide to any city in the County free of charge. These services, which are provided at the discretion of County, could typically include the services of the Sheriffs Special Investigations Bureau, Emergency Services Team, Canine Unit and Aviation Unit. 7.2 Establishment of Costs. The rates to be charged City shall be adjusted periodically, but not more than once each fiscal year, to reflect any changes in the cost to County for providing services hereunder. City shall be notified of any change in the rates to be charged City prior to submittal of the proposed change to the County Board of Supervisors for adoption, and City shall be given the opportunity to review the proposed change with County personnel. City shall, thereafter, be notified of adoption by County of the rates to be charged City, and said new rates shall take effect on the same date as County incurs the associated costs. Should City, subsequent to a rate adjustment, choose not to appropriate or expend any additional monies needed to support the level of service theretofore supplied, County reserves the right to reduce the level of service in accordance with the amount City is willing to expend. 7.3 Facility Rate Charges. City shall reimburse County for the costs incurred by the Sheriffs Department at County-owned or leased facilities . Costs are prorated according to the facility's square footage occupied by a Sheriffs Department Bureau or Unit. 7.3A Calculation of Facility Rates. The total of the facility's cost components is divided by the appropriate variable number of positions (number of station funded, sworn department funded or total Department funded employees depending on the facility in question and the Department population served). This cost per funded position is then applied to the number of positions chargeable to the contract city to arrive at each contract city's share of the facility cost. The County agrees that Facility Rate Station charges to City will not be increased due to the Sheriffs decision to move Contract or unincorporated County Patrol positions from the Station. 7.4 Payment of Costs. County, through the Sheriffs Department, shall provide to City within 30 days of the conclusion of each billing period, an itemized statement of the costs for services being charged for said billing period. Billing statements for RMS services will be provided quarterly for services being charged for said quarter. City shall remit payment to the invoicing department within 30 days after receipt of such statements. If such payment is not received by the County within thirty (30) days after presentation of billing, County may satisfy such indebtedness from any funds of the City on deposit with County as provided by law pursuant to Government Code Section 907 . 6 116 Original 3 of 3 7 .5 Field Training Costs. Should City elect to add additional Deputy Sheriff positions to the level of service described herein, there will be an associated field training cost for each additional position. City will be billed, on a separate invoice, up to a maximum of sixteen (16) weeks of training on a one-time basis for each additional Deputy position. Said cost will be charged at the Unsupported Deputy hourly rate as approved by the County Board of Supervisors. Billing will be provided for field training costs in conjunction with the rate adjustment billing. Field training costs will not apply to supervisory or classified positions added to the level of service. 7 .6 Miscellaneous Costs. There are a number of other service costs that City shall be responsible for paying as they are incurred. These costs are not included as the support or service and materials cost components in the fully supported Deputy hourly rate, nor any other such rates established by the County Board of Supervisors. These service costs may include, but are not limited to, charges from vendors for: crime scene clean-up, blood draws, rape exams, polygraph exams, specialized printing jobs exclusive to City and training for personnel requested by City for specialized law enforcement. 8. INDEMNIFICATION AND HOLD HARMLESS 8.1 Indemnification by City. City shall indemnify and hold harmless the County, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any act or omission of City, its officers, employees, contractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death. City shall defend, at its sole cost and expense, including but not limited to attorney fees, cost of investigation, defense and settlements or awards, the County, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives in any such action or claim. With respect to any action or claim subject to indemnification herein by City, City shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of County; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes City's indemnification of County. City's obligations hereunder shall be satisfied when City has provided to County the appropriate form of dismissal (or similar document) relieving the County from any liability for the action or claim involved. Any insurance coverage shall in no way limit or circumscribe City's obligations to indemnify and hold harmless the County. 8.2 Indemnification by County. County shall indemnify and hold harmless the City, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any act or omission of County, its officers, employees, contractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death. County shall 7 117 Original 3 of 3 defend, at its sole cost and expense, including but not limited to attorney fees, cost of investigation, defense and settlements or awards, the City, its Agencies , Districts, Special Districts and Departments, their respective directors, officers , elected and appointed officials , employees, agents and representatives in any such action or claim. With respect to any action or claim subject to indemnification herein by County, County shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust , settle, or compromise any such action or claim without the prior consent of City; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes County's indemnification of City. County's obligations hereunder shall be satisfied when County has provided to City the appropriate form of dismissal (or similar document) relieving the City from any liability for the action or claim involved. Any insurance coverage shall in no way limit or circumscribe County's obligations to indemnify and hold harmless the City. 9. ADMINISTRATION The City Manager of City shall administer this Agreement on behalf of City, and the Sheriff shall administer this Agreement on behalf of County. 10. RECORDS County shall maintain adequate records to discharge its responsibilities under this Agreement, and shall permit inspection of County's appropriate records that relate to City services under this Agreement, as allowed by law. County shall provide City access to appropriate records pertaining to City services for approval, funding or auditing services, upon reasonable notice. County shall maintain such records for periods of time as provided by law or records retention schedules duly adopted by the appropriate legislative body. Covenants under this Section shall survive the termination of this Agreement. 11. ALTERATION OF TERMS No addition to, or alteration of, the terms of this Agreement , whether by written or verbal understanding of the parties, their officers, agents, or employees, shall be valid unless made in the form of a written amendment to this Agreement which is formally approved and executed by both parties. No waiver of any term or condition of this Agreement by either party shall be a continuing waiver thereof. 12. NOTICES Any notices required or desired to be served by either party upon the other shall be addressed to the respective parties as set forth below: 11 11 11 11 8 118 County Chad Bianco, Sheriff Riverside Station Post Office Box 512 Riverside, California 92502 Original 3 of 3 City City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Attn: City Manager or to such other addresses as from time to time may be designated by the respective parties. An information copy of any notice to County shall also be sent to: Clerk of the Board of Supervisors County of Riverside 4080 Lemon Street, 1st Floor Riverside, California 92501 Notice shall be deemed given when in wntmg and delivered personally or mailed with confirming delivery receipt addressed as set out above. 13. SEVERABILITY If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect. 14. STANDARD OF CARE In performing the police services required by this Agreement, County agrees to use that degree of care and skill ordinarily exercised under similar circumstances by law enforcement officers in performance of the duties required by this Agreement. All Sheriffs personnel who provide general and specialized law enforcement services to City pursuant to this Agreement shall have met the minimum qualifications designated for their specific classification, including a background investigation. 15. JURISDICTION AND VENUE This Agreement shall be construed under the laws of the State of California. In the event any action or proceeding is filed to interpret, enforce, challenge, or invalidate any term of this Agreement, venue shall lie only in the state or federal courts in or nearest to Riverside County . 16. ENTIRE AGREEMENT This Agreement is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings , oral or written , in connection therewith. 9 119 Original 3 of 3 JN WITNESS WHEREOF. the City of La QuinLa. by minute order or resolution duly adopted by its City Council. has caused this Agreement to be signed by its Mayor and attested and sealed by its Clerk. and the County of Riverside. by order of its Board of Supervisors. has caused this Agreement to be subscribed by the Chair of said Board and sealed and attested by the Clerk of said Board. all on the dates indicated below. Dated: ~ / J. ~I JJ)J.( APPROVED AS TO FORM: William H. Ihrke City Attorney Dated: \fi(tlt ~1.lllJ ATTEST: Kecia R. Harper Clerk of the Board By:' /D;JJ~i; /;I 11tuf1( ~ ~p ~ CITY OF LA QUINTA ATTEST: Name: Monika Radeva Title: City Clerk COUNTY OF RIVERSIDE [' I By: ~'-'·~-4 .. R . Karen Spiegel. Chair -·F---a- Riverside County Board of Supervisors 10 APPROVED AS TO FORM: Gregory P. Priamos County Counsel By: J). 0 . ~-~ Deputy County Counsel 120 Average Patrol Services ATTACHMENT A CITY OF LA QUINTA LEVEL OF SERVICE Original 3 of 3 130 fully supported hours per day (Approximate equivalent of 25 Deputy Sheriff positions @ 1,884 annual productive hours per position.) Dedicated Positions One ( 1) Sheriffs Lieutenant position Two (2) Sheriffs Sergeant positions Five (5) Deputy Sheriff (fully supported) positions -Target Team Two (2) Deputy Sheriff (fully supported) positions -Motor Officers Three (3) Deputy Sheriff (fully supported) positions -Traffic Officers One (1) Deputy Sheriff (unsupported) position-Violent Crime Gang Task Force One (1) Deputy Sheriff (unsupported) position -Coachella Valley Narcotics Task Force Six ( 6) Community Service Officer II positions 11 121 122 City of La Quinta CITY COUNCIL MEETING: February 15, 2022 STAFF REPORT AGENDA TITLE: APPROPRIATE HIGHWAY BRIDGE PROGRAM ADVANCED CONSTRUCTION FUNDING IN THE AMOUNT OF $14,936,122; APPROVE AGREEMENT FOR CONTRACT SERVICES WITH TY LIN INTERNATIONAL TO PROVIDE CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES; APPROVE PLANS, SPECIFICATIONS AND ENGINEER’S ESTIMATE, AND AUTHORIZE FOR BID THE DUNE PALMS ROAD BRIDGE PROJECT NO. 2011-05, LOCATED ON DUNE PALMS ROAD OVER THE COACHELLA VALLEY STORM WATER CHANNEL RECOMMENDATION A. Appropriate Highway Bridge Program Advanced Construction Funding in the amount of $14,936,122; and B. Approve agreement for contract services with TY Lin International to provide construction management and inspection services, and authorize the City Manager to execute the agreement; and C. Approve plans, specifications, and engineer’s estimate, and authorize for bid the Dune Palms Road Bridge Project No. 2011-05. EXECUTIVE SUMMARY  The Dune Palms Road Bridge Project (Project) (Attachment 1) will replace the existing low water crossing with an all-weather access bridge on Dune Palms Road at the Coachella Valley Storm Water Channel (CVSWC).  The Caltrans sponsored Highway Bridge (HBP) Funding Program is oversubscribed for Federal Fiscal Years (FFY) 2020/21 and 2021/22. New programming capacity is currently unavailable for new projects already in construction or ready to advertise.  In June 2021, Council directed staff to move forward with ‘at risk’ advance funding using the Caltrans Advance Construction Procedure for the construction phase of the Project and Caltrans has approved the City’s request. BUSINESS SESSION ITEM NO. 1 123  Following a request for proposals (RFP), staff recommends to executed an Agreement for Contract Services (Agreement) with TY Lin International (TYLI) to provide construction management and inspection services (CMI services) for the Project in the amount of $2,764,651 (Attachment 2).  The Project includes:  Construction of an all-weather bridge with typical section including:  a 6-ft sidewalk on both sides of the bridge  two (2) 8-ft bike/cart paths, two (2) 11-ft outside lanes  two (2) 12-ft inside lanes  and a 9’-8” raised median  Channel improvements upstream and downstream from the bridge  Bridge approach roadway improvements  Ancillary improvements related to the bridge FISCAL IMPACT Staff and the Financial Advisory Commission (FAC) recommend using a combination of Measure G Reserves and Unassigned Reserves to fund the $14,936,122 of Local Advance Construction funding. Funding is budgeted in the Construction Engineering Phase of the Project for the $2,764,651 CMI services Agreement with TYLI. The estimated overall cost of the Project is $24,189,652. These costs are separated into the following phases: Phase Estimated Cost New Bridge Federal Funding (Caltrans-HBP) Non-Participating Plus Local Share Engineering/Design $1,750,000 $1,549,275 $200,725 Right of Way $1,570,554 $1,166,825 $403,729 Construction $16,695,276 $11,241,037 $5,454,239 Const. Engineering $2,504,292 $2,217,050 $287,242 Contingency $1,669,530 $1,478,035 $191,495 Total Costs: $24,189,652 $17,652,222 $6,537,430 These costs include both participating (eligible for reimbursement) and non- participating costs. Currently, the following cost shares are anticipated: Caltrans-HBP Funding Share: $17,652,222 City of La Quinta Funding Share: $1,084,100 CVAG Funding Share: $5,395,230 CVWD Funding Share: $58,100 Total Cost: $24,189,652 124 BACKGROUND/ANALYSIS The Project will replace the existing low water crossing with an all-weather access bridge on Dune Palms Road at the CVSWC. In November 2020, Caltrans advised that the HBP Funding Program had been oversubscribed for FY 2020/21 and 2021/22 and there is no additional programming capacity for projects already in construction or ready to advertise. At the direction of the City Council in June 2021, the City agreed to provide ’at risk‘ advance funding using the Advance Construction Procedure outlined in Section 3.7 of the Caltrans Local Procedures Manual, and Caltrans approved the City’s request. The environmental, engineering/design and right-of-way phases are complete and are fully funded. The construction phase which includes Construction, Construction Engineering, and Contingency is estimated at $20,869,098. The HBP Funding will ultimately contribute 88.53% or up to $14,936,122 toward eligible (Construction Phase) costs. This is the amount the City is required to advance. Staff and the FAC recommend using a combination of Unassigned Reserves and Measure G Reserves for this advance funding due to their current balances. The City anticipates these funds to be reimbursed within two to five fiscal years The City’s non-reimbursed share of the construction phase will be $932,987. In November 2021 staff advertised an RFP seeking qualified firms to provide CMI services for the Project. Three proposals were received from Anser Advisory Consultants (Anser), Southstar Engineering and Consulting, and TYLI. The selection committee conducted interviews with Anser and TYLI. TYLI was selected as the most qualified firm to provide the requested services. The fixed fee plus cost contract amount for CMI services is $2,764,651. The financial documents for TYLI and all subconsultants will need to be reviewed and approved by the Independent Office of Audit and Investigations (IOAI) through Caltrans prior to executing the Agreement. The proposed Project improvements will replace the existing low water crossing with a new all-weather bridge consisting of a curb-to-curb roadway width of 72 feet with a 6-ft sidewalk on each side of the bridge. The bridge is anticipated to be 480 feet long and 86 feet wide. The typical section will include a 6-ft sidewalk on both sides of the bridge, two (2) 8-ft bike/cart paths, two (2) 11-ft outside lanes, two (2) 12-ft inside lanes, and a 9’-8” raised median. 125 The Project will construct channel improvements immediately upstream and downstream of the proposed bridge consisting of concrete slope protection and cutoff walls to protect the bridge foundations from scour. Construct bridge approach roadway improvements (including drainage) to accommodate the raised profile for the proposed bridge. Other ancillary construction activities associated with the bridge construction will include but is not limited to:  Removal / Demolition of two mobile homes and a single family home;  Two main sewer main relocations to avoid conflict with the northern abutment;  Water main relocation from upstream to downstream of the bridge within the channel area below the slope protection cut off wall;  Spectrum relocations north of the channel into the new parkway;  Minor Frontier reconstruction of an underground conduit system south of the channel;  Electrical (IID) distribution undergrounding for the full length of the project under a relocation agreement;  Interim electrical distribution line shoo fly for the initial bridge construction phase;  Construction of a multi-use trail (CV/Link) underpass of the bridge along with two secondary connecter trails from CV/Link to Dune Palms Road; and  Construction and removal of a bypass road. Contingent upon approval to advertise the project for bid on February 15, 2022, the following is the project schedule: Council Bid Authorization February 15, 2022 Bid Period March 1 to April 1, 2022 Council Considers Project Award April 15, 2022 Execute Contract and Mobilize April to May 2022 Construction (543 Working Days) May 2022 to June 2024 Accept Improvements July 2024 ALTERNATIVES Staff does not recommend an alternative. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, Public Works Director/City Engineer Attachments: 1. Project Vicinity Map 2. Agreement with TY Lin International 126 Dune Palms Bridge PROJECT LOCATION HIGHWAY 111 Vicinity Map AVENUE 48 ATTACHMENT 1 127 128 AGREEMENT FOR CONTRACT SERVICES 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 TY Lin International, A Corporation (“Contracting Party”). The parties hereto agree as follows: 1.SERVICES OF CONTRACTING PARTY. 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to Construction Management, Inspection, Material Testing, and Survey Services for the Dune Palms Road Bridge Project (Federal Project No. BRKLS- 5433(014), City Project No. 2011-05), as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances. 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws. 1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with ATTACHMENT 2 129 -2- counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section. 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party’s risk until written instructions are received from the Contract Officer, or assigned designee (as defined in Section 4.2 hereof). 1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party’s work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. The performance of Services by Contracting Party shall not relieve Contracting Party 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 Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional 130 -3- Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer’s, or assigned designee’s written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.4 of this Agreement. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in “Exhibit D” (the “Special Requirements”), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2. COMPENSATION. 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated based on actual cost plus a fixed fee in accordance with “Exhibit B” (the “Schedule of Compensation”). The total amount payable by City including the Fixed Fee, as provided in Section 2.2, shall not exceed Two Million Seven Hundred and Sixty Four Thousand Six Hundred Fifty Dollars and Sixty-Eight Cents ($ 2,764,650.68) (the “Contract Sum”), except as provided in Section 1.7. The City will reimburse Contracting Party for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by Contracting Party in performance of the work. Contracting Party will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the Schedule of Compensation, except as provided in Section 1.7. In no event will Contracting Party be reimbursed for overhead costs at a rate that exceeds City’s approved overhead rate set forth in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting 131 -4- Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement. 2.2 Allowable Costs. The indirect cost rate established for this Agreement is extended through the duration of this specific Agreement. Contracting Party’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or Agreement award. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the Schedule of Compensation. When milestone cost estimates are included in the Schedule of Compensation, Contracting Party shall obtain prior written approval for a revised milestone cost estimate from the Contract Officer before exceeding such cost estimate. Salary increases will be reimbursable if the new salary is within the salary range identified in the Schedule of Compensation and is approved by City’s Contract Officer. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable. In addition to the allowable incurred costs, City will pay Contracting Party a fixed fee of One Hundred Thirteen Thousand Eight Hundred Seventy Two Dollars and Seventy Seven Cents ($113,872.77) (the “Fixed Fee”). The Fixed Fee is nonadjustable for the term of the Agreement, except as provided for in Section 1.7. 2.3 Method of Billing & Payment. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of the Fixed Fee will be included in the monthly progress payments. Any month in which Contracting Party wishes to receive payment, Contracting Party 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. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which Contracting Party is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated in the Schedule of Compensation and shall reference this Agreement number (or City project number for which this Agreement applies) and project title. Invoices shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer, or assigned 132 -5- designee, and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City’s Finance Department. If Contracting Party fails to submit the required deliverable items according to the schedule set forth in Section 3.2, City shall have the right to delay payment or terminate this Agreement. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this Agreement. The final invoice must contain the final cost and all credits due City including any equipment purchased under the provisions of Section 13.8. Except as provided for Section 10.3, the final invoice should be submitted within sixty (60) calendar days after completion of Contracting Party’s work. 2.4 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement. 3. PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in “Exhibit C” (the “Schedule of Performance”). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting 133 -6- Party, 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 Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, 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 the Contract Officer’s judgment such delay is justified, and the Contract Officer’s determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Section 8.0 of this Agreement, the term of this agreement shall commence on February 16, 2022, contingent upon approval by City, and Contracting Party shall commence work after notification to proceed by City’s Contract Officer. The Agreement shall terminate on June 30, 2026 unless extended by an Amendment to this Agreement. Contracting Party is advised that any recommendation for Agreement award is not binding on City until the Agreement is fully executed and approved by City. 4. COORDINATION OF WORK. 4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith: (a) [NAME] Joseph Smith Tel No. 619.908.3306 E-mail: joseph.smith@tylin.com It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City. 134 -7- 4.2 Contract Officer. The “Contract Officer”, otherwise known as the Bryan McKinney, Public Works Director/City Engineer or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party’s responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contracting Party’s employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party 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. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have 135 -8- no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers’ compensation laws regarding Contracting Party and Contracting Party’s employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City. 136 -9- 5. INSURANCE. 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is incorporated herein by this reference and expressly made a part hereof. 5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. 6. INDEMNIFICATION. 6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is incorporated herein by this reference and expressly made a part hereof. 7. RECORDS AND REPORTS. 7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party’s performance of the Services required by this Agreement as the Contract Officer, or assigned designee, shall require. Contracting Party’s Project Manager shall meet with City as necessary to discuss progress on the Agreement. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer, or assigned designee, of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, Independent CPA Audited Indirect Cost Rate workpapers, or other documents 137 -10- relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records, including those of the Contracting Party’s Independent CPA, shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, Caltrans Auditor, FHWA or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal Funding in whole or in part), or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit, examination, workpaper review, excerpt, or transaction is required. In the event of dissolution of Contracting Party’s business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the “Documents and Materials”) shall be the property of City and shall be delivered to City upon request of the Contract Officer, or assigned designee, or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City’s sole risk and without liability to Contracting Party, and Contracting Party’s guarantee and warranties shall not extend to such use, revise, or assignment. 138 -11- Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom. 7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party 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 Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 In the event of Termination under Section 8.0, immediately upon termination, City shall be entitled to, and Contracting Party shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by Contracting Party in performing this Agreement which is not Contracting Party’s privileged information, as defined by law, or Contracting Party’s personnel information, along with all other property belonging exclusively to City which is in Contracting Party’s possession. 7.6 Licensing of Intellectual Property. This Agreement creates a non- exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. Publication of the information derived from work performed or data obtained in connection with services rendered under this Agreement must be approved in writing by City. Additionally, it is agreed that the Parties intend this to be an Agreement for services and each considers the products and 139 -12- results of the services to be rendered by Contracting Party hereunder to be work made for hire. Contracting Party acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City. 7.7 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party 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. 7.8 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. Permission to disclose information on one occasion, or public hearing held by City relating to the Agreement, shall not authorize Contracting Party to further disclose such information, or disseminate the same on any other occasion. Contracting Party shall not comment publicly to the press or any other media regarding the Agreement or City’s actions on the same, except to City’s staff, Contracting Party’s own personnel involved in the performance of this Agreement, at public hearings, or in response to questions from a Legislative committee. Contracting Party shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this Agreement without prior review of the contents thereof by City, and receipt of City’s written permission. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party’s covenant under this section shall survive the termination or expiration of this Agreement. 8. ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement 140 -13- shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. Prior to either party commencing any legal action under this Agreement, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other. 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, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to this Section 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. Any dispute, other than audit, concerning a question of fact arising under this Agreement that is not disposed of by agreement shall be decided by a committee consisting of City’s Contract Officer and City Manager (or authorized designee), who may consider written or verbal information submitted by Contracting Party. Not later than thirty (30) calendar days after completion of all work under the Agreement, Contracting Party may request review by City Governing Board of unresolved claims or disputes, other than audit. The request for review shall be submitted in writing. Neither the pendency of a dispute, nor its consideration by the committee will excuse Contracting Party from full and timely performance in accordance with the terms of this Agreement. Audit Disputes shall be considered as provided for Section 10. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the 141 -14- default of Contracting Party in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. City’s consent or approval of any act by Contracting Party 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 Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Upon termination, City shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and in accordance with Section 7.5. Contracting Party 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, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement. Notwithstanding any provisions of this Agreement, Contracting Party shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Contracting Party, and City may withhold any payments due to Contracting Party until such time as 142 -15- the exact amount of damages, if any, due City from Contracting Party is determined. 8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City-owned property which Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party 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 Contracting Party for the purpose of setoff or partial payment of the amounts owed City. 8.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 8.10 Suspension of Work. City may temporarily suspend this Agreement, at no additional cost to City, provided that Contracting Party is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If City gives such notice of temporary suspension, Contracting Party shall immediately suspend its activities under this Agreement. A temporary suspension may be issued concurrent with the notice of termination provided for in this Section 8.0. 9. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION. 9.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default 143 -16- or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer, or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. During the term of this Agreement, the Contracting Party shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement or any ensuing City construction project. The Contracting Party shall also list current clients who may have a financial interest in the outcome of this Agreement or any ensuing City construction project which will follow. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. Contracting Party certifies that it has disclosed to City any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this Agreement. Contracting Party agrees to advise City of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this Agreement. Contracting Party further agrees to complete any statements of economic interest if required by either City ordinance or State law. 9.3 Covenants against Discrimination. The Contracting Party’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the Contracting Party has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103. 144 -17- During the performance of this Agreement, Contracting Party and its subconsultants shall not deny the Agreement’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contracting Party and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contracting Party and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by City to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contracting Party shall permit access by representatives of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause. Contracting Party and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. Contracting Party shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. The Contracting Party, with regard to the work performed under this Agreement, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the 145 -18- benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. The Contracting Party shall comply with regulations relative to non- discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the Contracting Party shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants. The Contracting Party, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the City components of the DBE Program Plan, Contracting Party, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin. Title VI Assurances – Appendix A During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as Consultant) agrees as follows: a. Compliance with Regulations: Consultant shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this agreement. b. Nondiscrimination: Consultant, with regard to the work performed by it during the agreement, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or 146 -19- negotiation made by Consultant for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by Consultant of the Consultant’s obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: Consultant shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish this information, Consultant shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts Consultant has made to obtain the information. e. Sanctions for Noncompliance: In the event of Consultant’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: i. withholding of payments to Consultant under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: Consultant shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. Consultant shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event Consultant becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, Consultant may request the recipient enter into such litigation to protect the interests of the State, and, in addition, Consultant may request the United States to enter into such litigation to protect the interests of the United States. 147 -20- Title VI Assurances – Appendix EDuring the performance of this contract, the Contracting Party, for itself, its assignees, and successors in interest agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to: Pertinent Nondiscrimination Authorities: - Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. - The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); - Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); - Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; - The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); - Airport and Airway Improvement Act of 1982, (49 U.S.C. § 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); - The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not); - Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; Page 2 of 2 148 -21- - The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); - Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low- income populations; - Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); - Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 10. AUDIT REVIEW PROCEDURES. 10.1 Audit Disputes. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by agreement provided for in Section 8.0, shall be reviewed by City’s Chief Financial Officer. Not later than thirty (30) calendar days after issuance of the final audit report, Contracting Party may request a review by City’s Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing. Neither the pendency of a dispute nor its consideration by City will excuse Contracting Party from full and timely performance, in accordance with the terms of this Agreement. 10.2 Audit Review Procedures. Contracting Party and subconsultant Agreements, including Schedule of Compensation, cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an Agreement audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the Agreement, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is Contracting Party’s responsibility to ensure federal, City, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. 149 -22- The Agreement, cost proposal, and ICR shall be adjusted by Contracting Party and approved by City Contract Officer to conform to the audit or review recommendations. Contracting Party agrees that individual terms of costs identified in the audit report shall be incorporated into the Agreement by this reference if directed by City at its sole discretion. Refusal by Contracting Party to incorporate audit or review recommendations, or to ensure that the federal, City or local governments have access to CPA work papers, will be considered a breach of Agreement terms and cause for termination under Section 8.0 of the Agreement and disallowance of prior reimbursed costs. 10.3 Caltrans Audits and Investigations Work Paper Review. Contracting Party’s Schedule of Compensation may be subject to a CPA ICR Audit Work Paper Review and/or audit by Independent Office of Audits and Investigation (AOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Schedule of Compensation shall be adjusted by the Contracting Party and approved by the City Contract Officer to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the Contracting Party to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the Agreement terms and cause for termination under Section 8.0 of the Agreement and disallowance of prior reimbursed costs. During IOAI’s review of the ICR audit work papers created by the Contracting Party’s independent CPA, IOAI will work with the CPA and/or Contracting Party toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, City will reimburse the Contracting Party at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI. Accepted rates will be as follows: A. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. 150 -23- B. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty- five percent (85%) of the proposed rate. C. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate. If IOAI is unable to issue a cognizant letter per this Section 10.3, IOAI may require Contracting Party to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the Contracting Party’s and/or the independent CPA’s revisions. If the Contracting Party fails to comply with the provisions of this Section 10.3, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth this Section 10.3 for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this Agreement. Contracting Party may submit to City final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this Agreement has been completed to the satisfaction of City; and, (3) IOAI has issued its final ICR review letter. The Contracting Party must submit its final invoice to City no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this Agreement and all other agreements executed between City and the Contracting Party, either as a prime or subconsultant, with the same fiscal period ICR. 11. STATE PREVAILING WAGE RATES 11.1 State Prevailing Wage Rates. No Consultant or Subconsultant may be awarded an Agreement containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this Agreement, including any subsequent amendments. The Contracting Party shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this Agreement are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage 151 -24- rates are made a specific part of this Agreement by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at City construction sites, at City facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve City projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations Internet site at http://www.dir.ca.gov. 11.2 Payroll Records. Contracting Party and each Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Contracting Party or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: A. The information contained in the payroll record is true and correct. B. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project. The payroll records enumerated under this Section 11.2 shall be certified as correct by the Contracting Party under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by City representative’s at all reasonable hours at the principal office of the Contracting Party. The Contracting Party shall provide copies of certified payrolls or permit inspection of its records as follows: A. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. B. A certified copy of all payroll records enumerated in this Section 11.2 shall be made available for inspection or furnished upon request to a representative of City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to City, the Division 152 -25- of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Contracting Party. C. The public shall not be given access to certified payroll records by the Contracting Party. The Contracting Party is required to forward any requests for certified payrolls to the City Contract Officer by both email and regular mail on the business day following receipt of the request. Contracting Party and all subconsultants shall submit a certified copy of the records enumerated in this Section 11.2, to the entity that requested the records within ten (10) calendar days after receipt of a written request. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by City shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the Contracting Party or Subconsultant performing the work shall not be marked or obliterated. The Contracting Party shall inform City of the location of the records enumerated under this Section 11.2, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address. The Contracting Party or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in this Section 11.2. In the event the Contracting Party or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to City, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by City from payments then due. Contracting Party is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section. 11.3 Responsibility. When prevailing wage rates apply, the Contracting Party is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the City Contract Officer. 11.4 Penalty. The Contracting Party and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the Contracting Party and any Subconsultant shall forfeit to the City a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by 153 -26- the Director of DIR for the work or craft in which the worker is employed for any public work done under the Agreement by the Contracting Party or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the Contracting Party or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the Contracting Party or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the Contracting Party or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the Contracting Party or Subconsultant had knowledge of the obligations under the Labor Code. The Contracting Party is responsible for paying the appropriate rate, including any escalations that take place during the term of the Agreement. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Contracting Party or Subconsultant. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the Contracting Party is not liable for the penalties described above unless the Contracting Party had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the Contracting Party fails to comply with all of the following requirements: A. The Agreement executed between the Contracting Party and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. B. The Contracting Party shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. C. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the Contracting Party shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient 154 -27- funds due the Subconsultant for work performed on the public works project. D. Prior to making final payment to the Subconsultant for work performed on the public works project, the Contracting Party shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813. Pursuant to Labor Code §1775, City shall notify the Contracting Party on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages. If City determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if City did not retain sufficient money under the Agreement to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the Contracting Party shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by City. 11.5 Hours of Labor. Eight (8) hours labor constitutes a legal day's work. The Contracting Party shall forfeit, as a penalty to the City, twenty-five dollars ($25) for each worker employed in the execution of the Agreement by the Contracting Party or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815. 11.6 Employment of Apprentices. Where either the prime Agreement or the subagreement exceeds thirty thousand dollars ($30,000), the Contracting Party and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices. The Contracting Party and its subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including 155 -28- mandatory ratios of journey level to apprentice workers. Prior to commencement of work, Contracting Party and its subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the Agreement work. The Contracting Party is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code §1777.7. 12. DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION. The Contracting Party, subrecipient (City), or subconsultant shall take necessary and reasonable steps to ensure that DBE’s have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBE’s provided in 49 CFR 26.5, The City shows a contract goal for DBE’s. Contracting Party shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers. The Contracting Party shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal. It is Contracting Party’s responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes or work code applicable to the tye pf work the firm will perform on the contract. Additionally the Contracting Party is responsible to document the verification record by printing out the California Unified Certification Program (CUCP) data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civil-rights/dbe-search. All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies the Contracting Party purchases from DBE’s counts toward the goal in the following manner: - 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. - 60 percent counts if the materials or supplies are purchased from a DBE regular dealer. - Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained 156 -29- from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines “manufacturer” and regular dealer.” This Agreement is subject to 49 CFR Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. Consultants who enter into a federally-funded agreement will assist the City in a good faith effort to achieve California's statewide overall DBE goal. 12.1 DBE Goal. The Goal for DBE participation for this Agreement is 17%. Participation by DBE Contracting Party or subconsultants shall be in accordance with information contained in Exhibit 10-O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the Agreement. If a DBE subconsultant is unable to perform, the Contracting Party must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met. 12.2 Meeting the Goal. The Contracting Party can meet the DBE participation goal by either documenting commitments to DBE’s to meet the Agreement goal, or by documenting adequate good faith efforts to meet the Agreement goal. An adequate good faith effort means that the Contracting Party must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If the Contracting Party has not met the DBE goal, complete and submit Exhibit 15-H: DBE Information – Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal. 12.3 Contract Assurance. Under 49 DBR 26.13(b): The Contracting Party, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contracting Party shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts. Failure by the Contracting Party to carry out these requirements is a material breach of this contract, which may result in the termination of this contract under Section 8.0 or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated Damages; and/or 157 -30- (4) Disqualifying the Contracting Party from future proposing as non- responsible. 12.4 Termination and Substitution of DBE Subconsultants. The Contracting Party shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the Contracting Party or DBE subconsultant obtains the City’s written consent. The Contracting Party shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the City. Unless the City’s consent is provided, the Contracting party shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form, included in the bid. The City authorizes a request to use other forces or sources of materials if the Contracting Party shows any of the following justifications: 1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project. 2. The City stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the City’s bond requirements. 3. Work requires a consultant’s license and listed DBE does not have a valid license under Contractors License Law. 4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination). 5. Listed DBE’s work is unsatisfactory and not in compliance with the contract. 6. Listed DBE is ineligible to work on the project because of suspension or debarment. 7. Listed DBE becomes bankrupt or insolvent. 8. Listed DBE voluntarily withdraws with written notice from the Contract. 9. Listed DBE is ineligible to receive credit for the type of work required. 158 -31- 10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract. 11. The City determines other documented good cause. The Contracting Party shall notify the original DBE of the intent to use other forces or material sources and provide the reasons and provide the DBE with 5 days to respond to the notice and advise Contracting Party and the City of the reasons why the use of other forces or sources of materials should not occur. The Contracting Party’s request to use other forces or materials sources must include: 1. One or more of the reasons listed in the preceding paragraph. 2. Notices from the Contracting Party to the DBE regarding the request. 3. Notices from the DBE’s to the Contracting Party regarding this request. If a listed DBE is terminated or substituted, the Contracting Party must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal. 12.5 Commitment and Utilization. The City’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to the DBE utilization. The City shall request the Contracting Party to: 1. Notify the City’s contract officer or designated representative of any changes to its anticipated DBE participation 2. Provide this notification before starting the affected work 3. Maintain records including: - Name and business address of each 1st tier subconsultant - Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier - Date of payment and total amount paid to each business (see Exhibit 9-F Monthly Disadvantaged Business Enterprise Payment) 159 -32- If the Contracting Party is a DBE Consultant, they shall include the date of work performed by their own forces and the corresponding value of the work. If a DBE is decertified before completing its work, the DBE must notify the Contracting Party in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify the Contracting Party in writing of the certification date. The Contracting Party shall submit the notifications to the City. On work completion, the Contracting Party shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form to the City within 30 days of contract acceptance. Upon work completion, the Contracting Party shall complete Exhibit 17-F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the City within 90 days of contract acceptance. The City will withhold $10,000 until the form is submitted. The City will release the withhold upon submission of the completed form. In the City’s reports of DBE participation to Caltrans, the City must display both commitments and attainments. 12.6 Eligibility of DBE’s. A DBE is only eligible to be counted toward the Agreement goal if it performs a commercially useful function (CUF) on the Agreement. CUF must be evaluated on an agreement by agreement basis. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the Agreement and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the Agreement, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the Agreement is commensurate with the work it is actually performing, and other relevant factors. 12.7 A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, Agreement, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate. 12.8 If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its Agreement with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than 160 -33- would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF. 12.9 Records. The Contracting Party shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE Contracting Party’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. 12.10 Decertification of DBE. If a DBE subconsultant is decertified during the life of the Agreement, the decertified subconsultant shall notify the Contracting Party in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Agreement, the subconsultant shall notify the Contracting Party in writing with the date of certification. Any changes should be reported to City’s Contract Officer within thirty (30) calendar days. 12.11 Running Tally of Payments to DBE. After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant shall complete and email the Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to business.support.unit@dot.ca.gov with a copy to the City. 12.12 DBE Subcontracting. Any subcontract entered into as a result of this agreement shall contain all of the provisions of this section. 13. MISCELLANEOUS PROVISIONS. 13.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: CITY OF LA QUINTA Attention: Bryan McKinney, PE 78495 Calle Tampico To Contracting Party: TY LIN INTERNATIONAL Joseph Smith 404 Camino del Rio South, Ste 700 San Diego, CA 92108 161 -34- La Quinta, California 92253 13.2 Contracting Party’s Reports or Meetings. The Contracting Party shall submit progress reports at least once a month. The report should be sufficiently detailed for the City’ Contract Officer to determine, if the Contracting Party is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. 13.3 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 13.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 13.5 Cost Principals. The Contracting Party agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost. The Contracting Party also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Any costs for which payment has been made to the Contracting Party that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the Contracting Party to City. When Contracting Party or Subconsultant is a Non- Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply. 13.6 Subcontracting. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the City and any Subconsultants, and no subagreement shall relieve the Contracting Party of its responsibilities and obligations hereunder. The Contracting Party agrees to be as fully responsible to the City for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contracting Party. The Contracting Party's obligation to pay its Subconsultants is an independent obligation from the City’s obligation to make payments to the Contracting Party. The Contracting Party shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the City Contract Officer, except that which is expressly identified in the 162 -35- Schedule of Compensation. Any subagreement entered into as a result of this Agreement, shall contain all the provisions stipulated in this entire Agreement to be applicable to Subconsultants unless otherwise noted. Contracting Party shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the Contracting Party by the City. Any substitution of Subconsultants must be approved in writing by the City Contract Officer in advance of assigning work to a substitute Subconsultant. 13.7 Prompt Progress Payment. The Contracting Party or subconsultant shall pay to any subconsultant, no later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the Contracting Party on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the Contracting Party or subconsultant to a subconsultant, the Contracting Party or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made. 13.8 Prompt Payment of Withheld Funds to Subconsultants. No retainage will be held by the City from progress payments due to the Contracting Party. The Contracting Party and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the City’s prior written approval. Any violation of these provisions shall subject the violating Contracting Party or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the Contracting Party or subconsultant in the event of a dispute involving late payment or nonpayment by the Contracting Party, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants 13.9 Equipment Purchase. Prior authorization in writing by City Contract Officer shall be required before Contracting Party enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or services. Contracting Party shall provide an evaluation of the necessity or desirability of incurring such costs. For purchase of any item, service, or consulting work not covered in Schedule of Compensation and exceeding five thousand dollars ($5,000), with prior authorization by City Contract Officer, three competitive quotations must be 163 -36- submitted with the request, or the absence of proposal must be adequately justified. Any equipment purchased with funds provided under the terms of this Agreement is subject to the following: Contracting Party shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated as provided for in Section 8.0, Contracting Party may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures; and credit City in an amount equal to the sales price. If Contracting Party elects to keep the equipment, fair market value shall be determined at Contracting Party’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Contracting Party, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City. Regulation 2 CFR Part 200 requires a credit to State or Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project. 13.10 Rebates, Kickbacks or Other Unlawful Consideration. The Contracting Party warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right, in its discretion, to terminate this Agreement without liability, to pay only for the value of the work actually performed, or to deduct from this Agreement price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 13.11 Prohibition of Expending City, State, or Federal Funds for Lobbying. The Contracting Party certifies, to the best of his or her knowledge and belief, that no State, Federal, or City appropriated funds have been paid or will be paid, by or on behalf of the Contracting Party, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this Agreement, or with the extension, continuation, renewal, amendment, or modification of this Agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any 164 -37- agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Agreement, the Contracting Party shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. The Contracting Party also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly. 13.12 Debarment and Suspension Certification. The Contracting Party’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the Contracting Party or any person associated therewith in the capacity of owner, partner, director, officer or manager is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City. Exceptions will not necessarily result in denial of recommendation for award but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action. Exceptions to the Federal Government Excluded Parties List System maintained by the U.S. General Services Administration are to be determined by FHWA. 13.13 Funding Requirements. It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made. This Agreement is valid and enforceable only if sufficient funds are made available to City for the purpose of this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or City governing board that may 165 -38- affect the provisions, terms, or funding of this Agreement in any manner. It is mutually agreed that if sufficient funds are not appropriated, this Agreement may be amended to reflect any reduction in funds. City has the option to terminate the Agreement pursuant to Section 8.0 or by mutual agreement to amend the Agreement to reflect any reduction of funds. 13.14 Contingent Fee. Contracting Party warrants, by execution of this Agreement that no person or selling agency has been employed, or retained, to solicit or secure this Agreement upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by Contracting Party for the purpose of securing business. For breach or violation of this warranty, City has the right to annul this Agreement without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. 13.15 Inspection of Work. Contracting Party and any subconsultant shall permit City, the State, and the FHWA if federal participating funds are used in this Agreement; to review and inspect the project activities and files at all reasonable times during the performance period of this Agreement. 13.16 Safety. Contracting Party shall comply with OSHA regulations applicable to Contracting Party regarding necessary safety equipment or procedures. Contracting Party shall comply with safety instructions issued by City Safety Officer and other City representatives. Contracting Party personnel shall wear hard hats and safety vests at all times while working on the construction project site. Pursuant to the authority contained in Vehicle Code §591, City has determined that such areas are within the limits of the project and are open to public traffic. Contracting Party shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Contracting Party shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. Contracting Party must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper. 13.17 Claims Filed by City’s Construction Contractor. If claims are filed by City’s construction contractor relating to work performed by Contracting Party’s personnel, and additional information or assistance from Contracting Party’s personnel is required in order to evaluate or defend against such claims; Contracting Party agrees to make its personnel available for 166 -39- consultation with City’s construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings. Contracting Party’s personnel that City considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from City. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for Contracting Party’s personnel services under this Agreement. Services of Contracting Party’s personnel in connection with City’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this Agreement in order to resolve the construction claims. 13.18 National Labor Relations Board Certification. In accordance with Public Contract Code §10296, Contracting Party hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Contracting Party, within the immediately preceding two-year period, because of Contracting Party’s failure to comply with an order of a federal court that orders Contracting Party to comply with an order of the National Labor Relations Board. 13.19 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument 13.20 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 13.21 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. Contracting Party shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by City Contract Officer. 13.22 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are 167 -40- hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 13.23 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 13.24 No Third-Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 13.25 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] 168 -41- IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California Municipal Corporation JON MCMILLEN, City Manager City of La Quinta, California Dated: CONTRACTING PARTY: By: Name: Title: ATTEST: MONIKA RADEVA, City Clerk La Quinta, California By: Name: Title: APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 169 Exhibit A Page 1 of 5 Last revised summer 2017 Exhibit A [See Attached] 170 CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES DUNE PALMS ROAD BRIDGE PROJECT FEDERAL PROJECT No. - BRKLS-5433(014) | CITY PROJECT No. - 2011-05 24 SCOPE OF WORK PROGRAM GENERAL DESCRIPTION OF REQUIRED SERVICES TASK 1.0 PROJECT MANAGEMENT TYLI Resident Engineer (RE) shall organize and develop a Project Development Team (PDT). Members of the PDT shall include TYLI Construction Management RE, Design Project Manager, TYLI Inspectors as required, Sub-Consultants as required and members of the City of La Quinta (City). TASK 1.1 MONTHLY PDT MEETINGS TYLI shall organize and conduct Monthly Progress Meetings to discuss progress of construction project, issues to be resolved and action items to be addressed. Deliverables: TYLI RE shall contact all members of the PDT to coordinate the scheduled meeting date. A Meeting Notice, Agenda, and Meeting Minutes shall be prepared for the meeting. TASK 1.2 MONTHLY PROGRESS REPORTS TYLI shall prepare progress reports to record the progress of the construction project and as supporting data for invoices presented monthly to the City. The Progress Report shall include accomplished tasks for the month, anticipated progress for the next month, pending issues, a list of Contract Change Orders (CCO), a list of Notice of Potential Claims (NOPC) (if any), and schedule completion target dates. TASK 1.3 QUALITY CONTROL TYLI shall have a quality control plan in effect during the entire course of construction. Deliverables: TYLI shall hand deliver progress reports with the monthly invoices and deliver Progress Reports to the City at monthly PDT meetings. TASK 1.3.1 QUALITY CONTROL PLAN TYLI shall develop a plan establishing a process to ensure calculations performed for construction are independently checked. TYLI shall conduct periodic audits of the contract files to ensure all documentation is filed appropriately. TASK 1.3.2 SUBCONSULTANT QUALITY CONTROL TYLI shall review engineering Sub-Consultant report submittals to ensure appropriate background information, study methodology, interpretation of data, format and content are completed in accordance with the Local Assistance Procedures Manual (LAPM), Caltrans Construction Manual, Caltrans Bridge Records and Procedures Manuals, and City requirements. TASK 2.0 PRE-CONSTRUCTION SERVICES TASK 2.1 CONSTRUCTABILITY REVIEW TYLI RE shall perform a constructability review of the contract plans, specifications, and estimate (PS&E) according to Caltrans Constructability Review Process. TYLI shall perform an independent check of the quantities. TYLI shall review Specifications for compatibility with plans and estimate. TYLI shall validate estimate for realistic prices, errors and/or omissions. TYLI shall review plans specifically checking staging, utility conflicts, adequate access for construction, whether construction details are complete and buildable, among other items. Deliverables: TYLI shall provide a checklist identifying compliance, errors and/or omissions in the PS&E, with correction recommendations. Plans shall be returned to original designer with mark-ups and comments. Specifications will be flagged where appropriate with explanations of omission, errors, and suggested corrections. TASK 2.2 PRE-BID PACKAGE REVIEW TYLI shall perform a review of Contract Bid Package. TYLI shall verify that the PS&E package complies with all applicable federal and State regulations and procedures as outlined in the Caltrans LAPM. Deliverables: TYLI shall provide a checklist identifying compliance, errors and/or omissions in the bid package, with correction recommendations. TASK 2.3 PRE-BID MEETING TYLI shall schedule and conduct a pre-bid meeting. TYLI shall assist agency with advertising a pre-bid meeting in applicable newspapers and trade magazines. 1 Exhibit A 171 CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES DUNE PALMS ROAD BRIDGE PROJECT FEDERAL PROJECT No. - BRKLS-5433(014) | CITY PROJECT No. - 2011-05 25 Deliverable: A Meeting Notice, Agenda, and Sign-In Sheet shall be prepared for pre-bid meeting. TYLI shall provide meeting minutes to agency within two days of meeting. Action items will be assigned to appropriate personnel with a timeline for completion of tasks. TYLI shall assist agency in preparing addendum to contract PS&E, if necessary. TASK 2.4 BID-OPENING MEETING TYLI shall schedule and conduct a bid-opening meeting per Chapter 15.5 of the Caltrans LAPM. TYLI shall assist the City with advertising a bid-opening meeting in applicable newspapers and trade magazines. TYLI will assist the City with retaining the appropriate documents for the successful low bidder. Deliverable: A Meeting Notice, Agenda, and Sign-In Sheet shall be prepared for bid-opening meeting. Completed Local Agency Bid Opening Checklist per LAPM Chapter 15. TASK 2.5 BID ANALYSIS TYLI shall review and analyze contractor’s bids in accordance with Chapter 15.6 of the LAPM. TYLI shall review the unit bid prices in each bid for reasonable conformance with the engineer’s estimate and compare with each other bid received. TYLI shall evaluate bids for responsiveness and completeness, and assure compliance with DBE program, per the LAPM. Deliverable: The TYLI shall make recommendations to agency on acceptance of contractor’s bids. TASK 2.6 AWARD PACKAGE TYLI shall complete the Award Package for the contract after award of the contract and prior to submitting the first invoice, in accordance with Chapter 15.7 of the LAPM. Deliverable: Award package to include the following: • Local Agency Contract Award Checklist • Finance Letter • Detail Estimate • RE’s Construction Contract Administration Checklist • City of La Quinta’s Bidder DBE Commitment TASK 2.7 PROJECT WALK-THROUGH TYLI shall schedule and administer a project walk-through with TYLI team members, City personnel, and design engineers. Deliverable: TYLI shall contact each member, take notes during walk and deliver minutes to participants within two days after walk-through. TASK 2.8 PROJECT KICK-OFF MEETING TYLI shall schedule and administer a project kick-off meeting with TYLI team members, City, and design engineers. The meeting intent will be to obtain issues and concerns that City personnel would like addressed at the pre-construction meeting. Deliverable: TYLI shall contact each member, take meeting notes, and deliver minutes to participants within two days after walk- through. TASK 2.9 PRE-CONSTRUCTION MEETING TYLI shall schedule and conduct a pre-construction meeting with approved contractor. TYLI shall contact additional City personnel, members of the contractor’s team, local authorities (police, fire, etc.), Caltrans Local Assistance, design engineer, personnel from CVWD, Verizon, IID, and Time Warner. Topics will include items such as agency expectations, labor compliance, Equal Employment Opportunity (EEO) compliance, safety, environmental permits, SWPPP, materials testing and compliance, Contractor submittals, encroachment permits, quality control and quality assurance expectations, and payment process. Deliverable: A Meeting Notice, Agenda, and Sign-In Sheet shall be prepared for pre-construction meeting. (The meeting agenda will be provided to City personnel five days prior to meeting to secure concurrence on topics to be covered.) Action items will be assigned to appropriate personnel with a timeline for completion of tasks. TYLI shall provide meeting minutes to attendees within two days of meeting. TASK 2.10 PRE-CONSTRUCTION PHOTO DOCUMENTATION TYLI shall conduct pre-construction photo and video documentation of the existing conditions on the project site. Deliverable: TYLI shall provide the agency with compact disks and videos containing pre-construction documentation. Copies of disks and videos will be made and inserted into the project files on site. TASK 2.11 REVIEW PROJECT PERMIT REQUIREMENTS TYLI RE, Assistant RE, and other sub-consultants shall review the project permit requirements, paying particular attention to the potential impact to Contractor plan and schedule. 2172 CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES DUNE PALMS ROAD BRIDGE PROJECT FEDERAL PROJECT No. - BRKLS-5433(014) | CITY PROJECT No. - 2011-05 26 Deliverable: TYLI shall summarize salient points about each permit and discuss any issues with the City. Time will be allowed at the preconstruction meeting to discuss project permits. TASK 3.0 CONSTRUCTION SERVICES TASK 3.1 PERFORM CONSTRUCTION MANAGEMENT, INSPECTION, AND ADMINISTRATION TYLI will perform all construction management, inspection, and administration in accordance with all requirements listed in the RFP for Construction Management Services for the Dune Palms Road Bridge Project. Management and inspection will be performed in accordance with the Plans and Specifications, Caltrans Standards, Standard Specifications for Public Works Construction, and City requirements as necessary for the project to assure contract compliance and Federal reimbursement as outlined in the LAPM and the Caltrans Construction Manual. A brief description of some of the major aspects of this work: Deliverable: Deliverables for each item below will vary depending on nature of task. A copy of all deliverable items as a result of task identified below shall be kept in the contract files on site at the Contractor provided field office. TASK 3.1.1 CONTRACT DOCUMENTS, PLANS, SPECIFICATIONS, AND PERMITS TYLI’s RE and Inspector(s) will have a complete understanding of all contract documents and their applicability to the specific items of work. TASK 3.1.2 DOCUMENT CONTROL FILING TYLI’s RE and OE shall set up and maintain the contract filing system in accordance with the Caltrans Construction Manual and LAPM. Files include, but not be limited to, all contracts, plans and specifications and applicable addenda, all correspondence, pre- construction checklists, submittals, CCOs, diaries, monthly progress payments, certificates of compliance, survey requests, all EEO compliance paperwork, RFI documents, permit inspections, and materials testing diaries and spreadsheets. TASK 3.1.3 COMPILATION OF RECORDS (BOUND WORKBOOKS) TYLI’s Inspector shall maintain a set of bound documents to track record of quantities constructed, daily and weekly reports, photographs and other items as necessary. TASK 3.1.4 BASELINE SCHEDULE TYLI’s RE and Inspector will review the baseline CPM schedule submitted by the Contractor and work closely with the Contractor until it is acceptable. TYLI’s RE and Inspector will review monthly Baseline Schedule updates and verify accuracy. TYLI’s RE work with Contractor to maintain the project schedule to show current conditions and suggest revisions as necessary. TYLI’s RE will also review Contractor’s weekly updates, to be submitted on the last working day of the week, and provide comments and/or concerns. TASK 3.1.4.1 COORDINATION WITH CV LINK PROJECT TYLI will coordinate with the CV Link Project and segregate contractor’s costs and item payments in accordance with the different funding sources. TASK 3.1.5 DAILY INSPECTION TYLI’s RE and Inspector shall perform daily inspection of all Contractors’ activities. TYLI will ensure compliance with contract documents. TYLI’s RE and Inspector shall evaluate, approve, or reject the Contractor’s and Sub-Contractor’s work in accordance with contract documents. TYLI will place the City’s interest as the top priority throughout construction duration. TASK 3.1.6 DAILY DIARIES TYLI’s RE and Inspector shall record all inspection observances on a daily diary form. This information will include but not be limited to job stamp, date, weather, item of work performed, hours of work performed, measurement of items installed, workers names and classifications, equipment numbers, subcontractor’s personnel, conversations, conflicts and resolutions, and non-compliance (if necessary). TASK 3.1.7 PROJECT PERMITS TYLI’s RE, OE, and Inspector shall maintain a copy of all project permits in the construction trailer and in their daily workbook. TASK 3.1.8 DOMESTIC WATER AND SANITARY SEWER IMPROVEMENTS TYLI’s RE and Inspector shall coordinate with Coachella Valley Water District (CVWD) for relocation, removal, and protection of their facilities. TYLI’s RE will ensure Contractor compliance with plans, specifications, and all requirements from CVWD. TYLI’s Inspector will monitor and document all work associated with CVWD facilities. TASK 3.1.9 PHOTO LOG TYLI’s Inspector will make a photo log of the project. Photos will include all pre-existing conditions, work-in-progress, disputed work and issues of contract non-compliance, SWPPP and PM10 violations, extra work, and completed work. 3173 CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES DUNE PALMS ROAD BRIDGE PROJECT FEDERAL PROJECT No. - BRKLS-5433(014) | CITY PROJECT No. - 2011-05 27 TASK 3.1.10 WEEKLY DIARIES TYLI’s RE shall create a weekly diary. Diary shall include general contractor’s activities on a daily basis, working day identification, percent project complete, percent project remaining, conversations with Contractors’ Superintendent and Foremen, resolutions of conflicts, and submittals received. TASK 3.1.11 WEEKLY STATEMENT OF WORKING DAYS (WSWD) TYLI’s RE shall create a WSWD spreadsheet and submit to Contractor on a weekly basis. WSWD form shall be in Caltrans format and track working days, non-working days, holidays, inclement weather, working days in which no work was performed, time extensions, percent time complete, and percent work complete. TASK 3.1.12 COORDINATE WITH CITY ENGINEER AND OTHER CITY DEPARTMENTS TYLI’s RE shall coordinate with the City Engineer and other applicable City personnel to discuss project progress, issues, and costs prior to weekly progress meetings. TASK 3.1.13 WEEKLY CONSTRUCTION PROGRESS MEETINGS TYLI’s RE shall conduct weekly coordination meetings with the Contractor, City personnel, Design Engineer, Sub-Consultants, local business owners, applicable utility representatives, and others as necessary. Topics shall include upcoming work, schedule, utility coordination, issues of non-compliance, change orders, and tracking of submittals. TASK 3.1.14 COORDINATION MEETINGS WITH PROPERTY OWNERS AND BUSINESSES TYLI’s RE shall meet as needed with local businesses, residents, and property owners to discuss the project, explain the schedule, and to address any concerns. TASK 3.1.15 TRACKING CONSTRUCTION MATERIALS TYLI’s RE and Inspector shall track Contractors’ materials by certificate of compliance or Caltrans source inspection release tags. TYLI’s OE shall file all certifications appropriately. TASK 3.1.16 TRAFFIC MANAGEMENT PLAN TYLI’s RE and Inspector shall administer the implementation of the projects Traffic Management Plan (TMP). TYLI’s Inspector shall review traffic control devices in day-time and at night-time to verify effectiveness. TMP will consider emergency response vehicles. TASK 3.1.17 SUBMITTAL REVIEW TYLI’s OE shall receive, stamp with date received, and track all Contractors’, subcontractors’, and independent party submittals. A log will be set up identifying submittal name, responsible party, review party and whether date was met. Log will be used at weekly progress meetings. TYLI’s RE shall coordinate directly with Design Engineer for review of submittals designated for designer. The need for expeditious review of submittals will be stressed at the weekly progress meetings. Submittals shall include but are not limited to: • Contractor’s Injury and Illness Prevention Plan (IIPP) • Contractor’s equipment list • SWPPP • Mix Designs (Asphalt Concrete and Portland Cement Concrete) • Notice of Materials to be used • Notice of Materials to be used • Notice of Materials to be tested • Falsework Design • Shoring Design • Shoring Design • Pile Drilling Plan • Decorative railing Shop Drawings • Electrical Plan • Traffic Management Plan • Utility Coordination Plan • Joint Assembly Shop Drawings • Reinforcement Steel Placement Plan TASK 3.1.18 LABOR COMPLIANCE/EQUAL EMPLOYMENT OPPORTUNITY (EEO)/ PREVAILING WAGE/DISADVANTAGED BUSINESS ENTERPRISE (DBE) TYLI’s RE shall enforce the contract requirements as they pertain to Labor Compliance, EEO, Prevailing Wage, and DBE according to the LAPM. This shall include Inspectors preparing daily diaries and recording workers names, classifications, work performed and hours worked on each task. TYLI’s OE shall receive Contractors’, Subcontractors’, and equipment rental companies’ certified payrolls on a weekly basis and ensuring that the applicable Davis-Bacon or State prevailing wage as referenced in special provisions is adhered to; track work performed by DBE Subcontractors, hours of work performed and monthly progress payments that include work by DBE Subcontractors; conducting spot check EEO interviews for each classification of worker; maintaining written evidence of apprentices employed on the project; cross checking reports, interviews, payrolls, and wage rates in order to determine Contractor and Subcontractor compliance. 4174 CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES DUNE PALMS ROAD BRIDGE PROJECT FEDERAL PROJECT No. - BRKLS-5433(014) | CITY PROJECT No. - 2011-05 28 TASK 3.1.19 STORM WATER POLLUTION PREVENTION PLAN (SWPPP) COMPLIANCE TYLI’s RE and Inspectors and Subconsultant Inspectors shall inspect the project site and monitor Contractor’s compliance with Best Management Practices (BMP) in accordance with Caltrans Handbooks. TYLI’s RE shall monitor the weather forecast during the storm season and ensure Contractor’s compliance for pre-storm, storm event, and post storm requirements. Proper handling and storage of non-visible pollutants shall be enforced. TASK 3.1.20 PM10 COMPLIANCE TYLI’s RE and Inspectors, and Subconsultant Inspectors (holding Coachella Valley Fugitive Dust Certificates) shall inspect the project site and monitor Contractor’s compliance with BMPs in accordance with the Coachella Valley State Implementation Plan. TYLI’s Inspector shall verify that Contractor utilizes approved haul routes in accordance with the TMP and PM10 requirements. TASK 3.1.21 REQUEST FOR INFORMATION (RFI) TYLI’s RE shall receive, record, review, and respond to all Contractor’s RFIs. RE shall submit to third party for review if necessary. Response times will be determined and adhered to. TASK 3.1.22 CHANGE REQUESTS/CONTRACT CHANGE ORDERS/TRANSMITTAL LETTERS TYLI’s RE shall receive, record, and review all Contractors’ Requests for Changes. All requests will be reviewed for merit and discussed with City Management. If change is warranted, RE shall create CCO and Transmittal Letter according to Caltrans Contract Change Order Manual. RE will receive agency approval prior to submittal to Contractor. TYLI’s RE and Inspector shall track all extra work on separate daily diaries. Monthly progress payments shall reflect all CCO worked performed in the previous month. TASK 3.1.23 COORDINATE MATERIALS TESTING AND INSPECTION/SURVEYING SERVICES TYLI’s RE shall coordinate and monitor all materials testing services and construction surveying. Survey requests will be required by the Contractor 48 hours prior to need for staking. Materials testing reports will be reviewed and initialed by the RE and maintained in the project files. TASK 3.1.24 COORDINATE AND MONITOR ALL INSPECTION ACTIVITIES TYLI’s RE shall coordinate and monitor all inspection activities including TYLI Inspectors, specialty inspectors, permit inspectors and necessary inspections from additional agencies involved in the project. TYLI’s RE shall track costs of inspection and provide updates to the City on a monthly basis with monthly invoice. TASK 3.1.25 IMPLEMENT PUBLIC OUTREACH PLAN IMPLEMENT PUBLIC OUTREACH PLAN TYLI’s RE shall maintain an open door policy during the construction contract and shall meet with local residents, business owners and other interested parties and address concerns. Public outreach will include all requirements in the RFP including the contractor provided camera, website, post cards, signage and communication with stakeholders. TASK 3.1.26 ENSURE COMPLIANCE TO SAFETY REGULATIONS, BUILDING CODES, CITY ORDINANCES IMPLEMENT PUBLIC OUTREACH PLAN TYLI’s RE and Inspector shall verify Contractor’s compliance to applicable Construction Safety Orders. Violations will be recorded and Contractor shall be requested to correct unsafe condition. A safety diary shall be written for each violation and maintained in the Construction Files. In appropriate situations, the project shall be shut down until Contractor corrects safety violation(s). TASK 3.1.27 PREPARE MONTHLY PROGRESS ESTIMATES TYLI’s RE and OE shall prepare Monthly Progress Estimates to summarize payment to the Contractor for work performed. TYLI’s RE shall prepare supporting documents for each item of work to be paid. These documents shall include at a minimum, item to be paid, amount of item to be paid, calculation of material placed, Certificates of Compliance or Release Tags, name of individual creating document, name of individual verifying document, and date. A comprehensive Monthly Progress Estimate shall be submitted to the City for review, approval, and processing. Monthly Progress Estimates shall include CCO Work. TASK 3.1.28 MONITOR CONSTRUCTION COSTS TYLI’s RE shall track construction costs on a monthly basis. Excel spreadsheets shall be created to monitor payment on each item of work. Spreadsheets shall be updated on a monthly basis. Contingency balance will be monitored and updated after each CCO or after each Monthly Progress Estimate. TASK 3.1.29 NOTICE OF POTENTIAL CLAIMS (NOPC)/CLAIMS RESOLUTION TYLI’s RE shall review any Notice of Potential Claims submitted by the Contractor for merit and conformance to the requirements in the Special Provisions. TYLI’s RE shall follow the guidelines and procedures established by the City and the Caltrans Construction Manual in responding to, resolving, and fighting protests, potential claims, and claims. Proper documentation will be created to establish a chain of events in the claims process. 5175 CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES DUNE PALMS ROAD BRIDGE PROJECT FEDERAL PROJECT No. - BRKLS-5433(014) | CITY PROJECT No. - 2011-05 29 TASK 3.1.30 CREATE AND ENSURE COMPLIANCE TO PUNCHLISTS TYLI’s RE and Inspector shall create punchlists throughout the construction process after each item of work is complete. Punchlists shall include items that need to be corrected or amended. TYLI’s Inspector shall meet with Contractor’s personnel regularly to monitor completion of punchlist items. Completion of punchlist items shall be a topic at the Weekly Construction Progress Meetings. TASK 3.1.31 AS-BUILT PROJECT SCHEDULE TYLI’s RE and Inspector shall maintain an as-built project schedule to assist in disputes and request for time due to impacts. TASK 3.1.32 AS-BUILT DRAWINGS TYLI’s Inspector shall maintain a copy of ‘red-mark’ plans in the trailer at all times to track changes to the contract plans, additions and deletions through CCOs, utilities that were incorrectly located, and additional items that must be identified on the final as-built drawings. TASK 3.1.33 MAINTAIN TYLI TRAINING PROGRAM TYLI RE shall maintain TYLI’s CM training program during the construction of the Dune Palms Road Bridge. This shall include recertification of traffic control, confined space, fall protection, and trenching/shoring safety classes. Training shall also include latest updates to LAPM and CPM scheduling software. TYLI shall invite the City of La Quinta and other interested agencies to training. TASK 4.0 POST-CONSTRUCTION TYLI will perform all construction management and administration necessary for closing out the project to assure contract compliance and Federal reimbursement as outlined in Caltrans LAPM. The following is a brief description of some of the major aspects of this work: TASK 4.1 ITEM CLOSE-OUT TYLI’s RE and Inspector shall close out and balance all contract items. Item overruns and underruns will be resolved with the Contractor. CCOs to adjust item prices will be created if necessary. Deliverable: TYLI’s RE shall submit a list of item overruns and underruns to the City. TYLI’s RE to submit a CCO for approval by the City, as necessary, to adjust item prices. TASK 4.2 CLAIMS REPORT TYLI’s RE shall prepare a Claims Report for each claim that is outstanding and unresolved at the end of the construction project. Claims Reports shall be in accordance with Section 2-70 “Protests, Potential Claims, and Claims,” of the Caltrans Construction Manual. Deliverable: TYLI’s RE shall submit a claims report for each claim for review by the City. TASK 4.3 PROPOSED FINAL ESTIMATE TYLI’s RE shall prepare the Proposed Final Estimate. This document shall be provided after resolution of construction claims. Deliverable: TYLI’s RE shall submit a Proposed Final Estimate to the Contractor for acceptance. RE shall submit a Proposed Final Estimate to the City. TASK 4.4 PROJECT REIMBURSEMENT TYLI RE and Project Manager shall prepare the State and Federal forms for the City to obtain reimbursement of funds in accordance with Section 17 of the Caltrans LAPM. Deliverable: TYLI’s Project Manager shall submit State and Federal forms for reimbursement to the City. TASK 4.5 PROJECT REPORT TYLI’s Project Manager shall create a Project Report that identifies the construction of the project, the final cost of construction including construction management and administration, a list of all CCOs, a list of Construction Claims and the result of each after resolution, and a photo documentary of construction. Deliverable: TYLI Project Manager shall submit a Project Report to the City. TASK 4.6 AS-BUILT DRAWINGS TYLI DRE shall prepare the Proposed Final Estimate. This document will be provided after resolution of any construction claims. Deliverable: TYLI Project Manager shall submit structure and roadway As-Built Drawings to the City. 6176 CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES DUNE PALMS ROAD BRIDGE PROJECT FEDERAL PROJECT No. - BRKLS-5433(014) | CITY PROJECT No. - 2011-05 30 TASK 5.0 SURVEY SERVICES TYLI’s Sub-consultant for survey services shall provide quality assurance surveying in accordance with the Caltrans Construction Manual and the RFP for Construction Management Services for the Dune Palms Road Bridge Improvements Project to verify Contractor’s control, layout of abutments, wingwalls, and piers, and to verify Contractor’s placement of elevation at top of abutments and piers. TYLI’s Sub-consultant shall be utilized to verify RE’s placement of elevation for top deck. TYLI’s Sub-consultant shall be utilized to assist RE in the construction of the bike trail, as needed. Deliverable: Sub-consultant shall submit survey sheets to TYLI’s RE for review, approval, signature, and placement in the contract files. TASK 6.0 MATERIAL INSPECTION AND TESTING TYLI’s Sub-consultant for materials testing and inspection services shall provide quality assurance inspection and testing of materials used in construction to verify Contractor’s compliance with applicable standards, in accordance with the Caltrans Construction Manual and the RFP for Construction Management Services for the Dune Palms Road Bridge Improvements Project. Deliverable: Sub-consultant shall submit test reports to TYLI’s RE for review, approval, signature, and placement in the contract files. Non-complying test results shall be brought to the RE’s attention immediately. Sub-consultant shall create spreadsheets to track testing frequencies, results, and retests (if necessary) to TYLI’s RE for review, approval, signature, and placement in the contract files. TASK 7.0 BIOLOGICAL MONITORING AND CULTURAL MONITORING SUPPORT TYLI’s Sub-consultant for biological monitoring and cultural monitoring support shall provide in accordance with the Caltrans Construction Manual and the RFP for Construction Management Services for the Dune Palms Road Bridge Improvements Project and Attachment A to this scope. Deliverable: Sub-consultant shall submit diaries to TYLI’s RE for review, approval, signature, and placement in the contract files. Actions of non-compliance shall be brought to the RE’s attention immediately. TASK 8.0 PUBLIC OUTREACH TYLI, in coordination with our subconsultant, Connect and Company, will provide Public Outreach in accordance with the RFP for Construction Management Services for the Dune Palms Road Bridge Improvements Project. Connect and Company will develop an outreach plan, assist the City with collateral materials to be distributed, assist in creating a project webpage and connect to the City’s website to provide multiple sources for the general public to gain access information about the Dune Palms Road Bridge project and provide social media updates. In addition, TYLI, in coordination with Connect and Company and the City, will work with the Contractor to position a Contractor-provided construction camera and connect (by Contractor) a real-time video stream to the project webpage and the City’s website, to allow City officials and the public to observe construction of the bridge remotely. Deliverable: TYLI and Connect and Company will develop an outreach plan, prepare collateral materials, create a project webpage in accordance with the City’s review and approval. And provide social media updates. TYLI subconsultant will monitor the website and update project information and construction photos. TYLI and Connect and Company, in accordance with the City, will work with the Contractor to position a Contractor-provided construction camera that is compatible with the City’s website to allow real- time video streaming of construction. TASK 9.0 CIDH PILE ACCEPTANCE TESTS (LISTED IN COST PROPOSAL AS ANOTHER DIRECT COST [ODC]) TYLI subconsultant, EarthSpectives, for CIDH pile acceptance tests will evaluate the homogeneity of the concrete within the piles through gamma-gamma logging (GGL). Testing will be performed in accordance with project specifications and California Test Method 233. Testing will include lowering of 4.6 feet and 1.25-inch diameter probe to the bottom of each inspection tube and measuring the density of the concrete in close proximity of the inspection tubes at 0.1 feet intervals along the full length of the pile. If anomalies are detected by GGL testing, additional investigation of the pile(s) can be obtained through cross-hole sonic logging (CSL). Deliverable: EarthSpectives will perform GGL testing and provide the results of each pile to TYLI’s RE. Upon receipt and review of GGL information, TYLI RE will provide the information to the Structures Designer and Geotechnical Engineer of Record for review and discussion. If CSL is required at pile(s), the results of CSL testing will also be provided to TYLI’s RE, and subsequently the 7177 CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES DUNE PALMS ROAD BRIDGE PROJECT FEDERAL PROJECT No. - BRKLS-5433(014) | CITY PROJECT No. - 2011-05 31 Structures Designer and Geotechnical Engineer in order to determine the acceptance of each pile, or the need for a mitigation plan to repair or replace specific piles. TASK 10.0 ELECTRICAL INSPECTION TYLI subconsultant, DESI, will provide inspection of electrical facilities relating to street lighting along the roadway and on the bridge and within the bridge railing. Inspection will also include ADA compliance associated with curb ramps, pedestals and walkways. DESI Inspector will coordinate with City’s electrical inspectors. Deliverable: DESI will submit diaries to TYLI’s RE for review, approval, signature, and placement in the contract files. Actions of non-compliance will be immediately brought to the RE’s attention. TASK 11.0 SOURCE INSPECTION QUALITY MANAGEMENT TYLI subconsultant, ZT Consulting Group, Inc. (ZTC), will create a Source Inspection Quality Management Plan (SIQMP), and provide source inspection management of PTFE bearings (fabrication inspection and witnessing performance testing) and post-tensioning stressing strands (sampling, testing, and releasing). The source inspection quality assurance program for this project shall meet the requirements of the RFP for Construction Management Services for the Dune Palms Road Bridge Improvements Project, CFR Title 23, City QAP, and Caltrans LAPM. Deliverable: TYLI subconsultant will create and implement a SIQMP, review Contractor’s Welding Quality Control Plan (WQCP), facilitate pre-operation meetings relating to fabrication and provide inspection reports for Quality Assurance (QA) reviews of fabrication of PTFE bearings and post-tensioning strands. 8178 Dune Palms Road Bridge Project 12/2021 Page 2 of 5 3838 Camino Del Rio North, Suite 370 ● San Diego, CA 92108 ● Tel: (858) 279-4040 ● Fax: (858) 279-4043 ● www.ecorpconsulting.com Cost Proposal Task 1 Preconstruction and Construction: Project Support (general) Description of Task: Provide as-needed support to the project construction team and respond to any RFI’s in a responsive manner. Work cooperatively with the project team as-needed. Attend pre-construction kick-off meeting with contractor and CM team. Attend coordination meetings with TY Lin prior to kick-off meeting. Attend weekly construction meeting. Deliverables: None. Assumptions: Up to 10 hours for onsite kickoff meeting and virtual kickoff meeting; 1 hour per month for project coordination with TY Lin; coordination meetings will be in phone call video-conference format. Task 2 Preconstruction: Education Program Description of Task: Complete recorded version of worker education program as specified in the project permits. ECORP will provide an English language version. The program is to include wildlife species, habitat, legal protections, description and ecology of invasive species currently on site, description and ecology of invasive species that pose a threat to potentially invade the site, BMPs, etc. Provide pamphlets to be distributed. Deliverables: Recorded version of worker education program and pamphlet. Assumptions: One review cycle with TY Lin. English version only. Task 3 Preconstruction: Burrowing Owl Surveys and Report Description of Task: BUOW surveys prior to construction within suitable habitat as specified in the ECR and SAA in accordance with guidance for BUOW in WR-MSHCP area and State guidelines. 2 burrowing owl surveys: 14-30 day and 24-hour prior to ground disturbance including staging of materials. Complete all notifications as specified in the permits and respond to agency emails regarding project information and approvals of monitoring and surveying biologists for the project. Correspondence includes CDFW primarily via email and letter attachments. Deliverables: Notification Letters, resumes for biologists, communication records, survey results letter report. Assumptions: No more than 2 people needed for each survey, each survey duration less than 1 day. Task 4 Preconstruction: Nesting Bird Plan Description of Task: Complete a Nesting Bird Plan for the project as specified in the project permits. ECORP will coordinate with CDFW for approval of the Nesting Bird Plan prior to project initiation. Deliverables: Nesting Bird Plan to CDFW. Assumptions: Up to 14 hours for completion of the plan. Task 5 Preconstruction and Construction: Nesting Bird Surveys, Report, No-work Nest Buffers and Associated Compliance Description of Task: Perform nesting bird surveys as prescribed in the project permits, and to ensure compliance with MBTA and CDFW. Upon completion of the survey, the Lead biologist and monitors will provide project support should active nests be found within the project area and buffer and no-work buffer 179 Dune Palms Road Bridge Project 12/2021 Page 3 of 5 3838 Camino Del Rio North, Suite 370 ● San Diego, CA 92108 ● Tel: (858) 279-4040 ● Fax: (858) 279-4043 ● www.ecorpconsulting.com areas need to be established. This involves coordinating with the CM on practical measures needed for compliance with MBTA and regular compliance monitoring until the nest is no-longer occupied. In circumstances where the project construction proceeds with site-specific avoidance measures in place for a specific resource (likely an active nest), the lead biologist will coordinate with CDFW on nests status, buffer size, outcome and any adjustments made as required by law and conditioned in the permits. Deliverables: Compliance documentation, letter format. Assumptions: No more than 2 nesting bird surveys will be required. Task 6 Construction: Biological Monitoring Description of Task: CDFW-approved monitors will monitor activities that result in clearing, grading, drilling or other ground disturbing activities. For compliance with MBTA a monitor will be onsite to monitor all existing nests, efficacy of buffers, document new nests etc. Monitoring will be performed for all activities with potential to affect resources (water, wildlife, habitat etc.) in accordance with project permits or as agreed upon in coordination with the wildlife agencies. Biological monitors will monitor activities within or near waters to ensure compliance. Deliverables: Routine monitoring logs (forms). Assumptions: Budget assumes no active nests are found (based on our knowledge of the work area and similar projects) and allows monthly routine site visits for the duration of the 475 working day project. Full time monitoring by one biological monitor for up to 10 hours of initial vegetation clearing and grubbing. Task 7 Post-construction: Reporting and Agency Coordination Description of Task: Project completion report documenting project activities and measures implemented to protect biological resources during construction as required by the Permits. Annual reporting, as needed. Deliverables: Project completion report and annual reports, as needed. Assumptions: 2 annual reports and 1 project completion report required. Task 8 (Optional) Preconstruction: Burrowing Owl Exclusion Plan and Agency Coordination Description of Task: Complete a Burrowing Owl Exclusion Plan for the project as specified in the project permits. ECORP will coordinate with CDFW for approval of the Plan prior to project initiation. Deliverables: Burrowing Owl Exclusion Plan to CDFW. Assumptions: Up to 24 hours for completion of the plan. Task 9 (Optional) Preconstruction: Burrowing Owl Exclusion and Report Description of Task: ECORP will conduct passive relocation of burrowing owls, if found within the project area or within a certain distance within the buffer of the project in accordance with project permits, including excavation of burrows and submission of an associated letter report detailing passive relocation and exclusion. ECORP will coordinate with CDFW in regard to these efforts. Deliverables: Results letter report to CDFW. Assumptions: Budget allows for 2 biologists, a week of hotel stays for one biologist, and assumption that only two burrows need be collapsed. 180 Dune Palms Road Bridge Project 12/2021 Page 4 of 5 3838 Camino Del Rio North, Suite 370 ● San Diego, CA 92108 ● Tel: (858) 279-4040 ● Fax: (858) 279-4043 ● www.ecorpconsulting.com Task 10 (Optional) Preconstruction: Botanical Reassessment Survey Description of Task: If there is a delay in project construction, ECORP will conduct a botanical reassessment survey focused on California Native Plant Society (CNPS) list within the construction disturbance area within a year prior to the initiation of the construction activities. Deliverables: Survey results letter report. Assumptions: Only if construction is delayed. Up to a full day survey required. Task 11 Preconstruction: Cultural Resources Support Description of Task: ECORP will facilitate or aid in facilitating the locating, placement, maintenance, and takedown of Environmentally Sensitive Areas (ESAs) throughout the Project Area, in compliance with measures CUL-1 through CUL-5. These measures consist of: • illustrating and describing ESAs in the Plans, Specifications, and Estimates package; • a pre-construction meeting with the Construction Supervisor and construction personnel that discusses ESAs; • a field review of ESA locations and arranging for monitoring of ESA fence installation at least three weeks prior to start of construction; • a review of ESA locations one week prior to start of construction; and • The Project Archaeologist’s supervision of installation of orange plastic ESA fencing at least one week prior to the start of construction. Deliverables: None. Task 12 Construction: Cultural Resources Support Description of Task: ECORP will provide a qualified archaeological monitor to monitor all ground-disturbing activities within the ADI south of the Stormwater Channel. The archaeological monitor will conduct spot checks with photo-documentation throughout duration of the construction phase of the Project to ensure ESA integrity is maintained (CUL-6 and CUL-7). The monitor will be working under the supervision of the Project RPA. Upon the completion of construction activities in the vicinity of an ESA, the Construction supervisor will notify the Project Archaeologist, who will then oversee the removal of the ESA fencing by construction personnel. In the event that cultural materials are discovered during construction, all earth- moving activity within and around the immediate discovery area will be diverted until a qualified archaeologist can assess the nature and significance of the find (CUL-8 and CUL-9). The cost to prepare a treatment plan and to analyze, evaluate, treat, recover, curate, and document any inadvertently discovered cultural resources will require a contract amendment. ECORP will attend weekly construction meetings as a subcontractor to receive and provide relevant information regarding progress of the Project and ground-disturbing activities. Deliverables: Photodocumentation Assumptions: • Budget assumes 30 days of cultural resources monitoring will be required at a daily rate. If project needs require a greater effort, a change order will be required, and ECORP will prepare a scope and cost based on that level of effort necessary to accomplish additional tasks. • Full-day rate is based on more than four (4) hours billed to the project for the day. On-site cancellations and hours billed less than four (4) hours to the project for the day will be billed at one- half of the full-day rate. 181 Dune Palms Road Bridge Project 12/2021 Page 5 of 5 3838 Camino Del Rio North, Suite 370 ● San Diego, CA 92108 ● Tel: (858) 279-4040 ● Fax: (858) 279-4043 ● www.ecorpconsulting.com • For the purposes of this proposal, it is assumed that no unanticipated cultural resource discoveries will need to be recorded during the proposed construction. If cultural resources are located that require additional work for evaluation or treatment, a change order will be required, and a separate scope and cost will be prepared based on the level of effort required. • This scope does not include evaluation of significance, excavation, mapping, Native American consultation, paleontological surveys, authoring environmental document sections, other requirements under state and federal law, hard copies of reports, Project meetings, or conference calls; however, ECORP will gladly prepare a customized scope and cost estimate for additional tasks upon request. Task 13 Postconstruction: Cultural Resources Report Description of Task: ECORP will submit a draft cultural resources monitoring report to the Client within 60 days following completion of the Project. The report will summarize all Project activities, including a summary of all cultural resources tasks listed above. The report will also include photo documentation, all survey results, and any avoidance and minimization measures implemented during Project activities. ECORP will address one round of combined, non-conflicting comments on the draft cultural resources monitoring report. ECORP will prepare a final cultural resources monitoring report and submit an electronic copy of the final report to the client. For purposes of this proposal, this scope assumes no cultural resources will be encountered during project activities. If cultural resources are encountered, a separate scope and cost will be submitted for approval at that time for the archaeological monitoring report that addresses any discoveries, etc., and will have a different timeline. Deliverables: Cultural Resources Monitoring Report Table 1 – Cost Breakdown Activity Cost ($) Task 1-5 – Preconstruction: Biological Resources Support 9,385.60 Task 6 – Construction: Biological Resources Support 18,556.94 Task 7 – Postconstruction: Reporting and Agency Coordination 5,850.83 Task 11 – Preconstruction: Cultural Resources Support 7,492.99 Task 12 – Construction: Cultural Resources Support 37,203.12 Task 13 – Postconstruction: Cultural Resources Report 6,310.50 Total Cost Estimate $84,799.98 182 Exhibit A Page 2 of 5 ADDENDUM TO AGREEMENT Re: Scope of Services If the Scope of Services include construction, alteration, demolition, installation, repair, or maintenance affecting real property or structures or improvements of any kind appurtenant to real property, the following apply: 1. Prevailing Wage Compliance. If Contracting Party is a contractor performing public works and maintenance projects, as described in this Section 1.3, Contracting Party shall comply with applicable Federal, State, and local laws. Contracting Party is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require the payment of prevailing wage rates and the performance of other requirements on “Public works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if construction work over twenty-five thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement,, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a “Public works” project unless registered with the California Department of Industrial Relations (“DIR”) at the time the contract is awarded. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, this project is subject to compliance monitoring and enforcement by the DIR. Contracting Party will maintain and will require all subcontractors to maintain valid and current DIR Public Works contractor registration during the term of this Agreement. Contracting Party shall notify City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contracting Party’s or any of its subcontractor’s DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contracting Party to determine the correct salary scale. Contracting Party shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contracting Party’s principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contracting Party must forfeit to City TWENTY- 183 Exhibit A Page 3 of 5 FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contracting Party does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contracting Party also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. In addition to the other indemnities provided under this Agreement, Contracting Party shall defend (with counsel selected by City), indemnify, and hold City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed by the parties that, in connection with performance of the Services, including, without limitation, any and all “Public works” (as defined by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Contracting Party acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contracting Party shall require the same of all subcontractors. 2. Retention. Payments shall be made in accordance with the provisions of Section 2.0 of the Agreement. In accordance with said Sections, City shall pay Contracting Party a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of the labor and materials incorporated into the Services under this Agreement during the month covered by said invoice. The remaining five percent (5%) thereof shall be retained as performance security to be paid to Contracting Party within sixty (60) days after final acceptance of the Services by the City Council of City, after Contracting Party has furnished City with a full release of all undisputed payments under this Agreement, if required by City. In the event there are any claims specifically excluded by Contracting Party from the operation of the release, City may retain proceeds (per Public Contract Code § 7107) of up to one hundred fifty percent (150%) of the amount in dispute. City’s failure to deduct or withhold shall not affect Contracting Party’s obligations under the Agreement. 3. Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunk-line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contracting Party for any costs incurred in locating, repairing damage not caused by Contracting Party, and removing or relocating such unidentified utility facilities. Contracting Party shall not be assessed liquidated 184 Exhibit A Page 4 of 5 damages for delay arising from the removal or relocation of such unidentified utility facilities. 4. Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply: (a) Contracting Party shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. (b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contracting Party’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of the Agreement. (c) in the event that a dispute arises between City and Contracting Party whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contracting Party’s cost of, or time required for, performance of any part of the work, Contracting Party shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contracting Party shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting Parties. 5. Safety. Contracting Party shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contracting Party shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, 185 Exhibit A Page 5 of 5 bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 6. Liquidated Damages. Since the determination of actual damages for any delay in performance of the Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contracting Party shall be liable for and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages. 186 Exhibit B Page 1 of 1 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.4 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Two Million Seven Hundred and Sixty Four Thousand Six Hundred Fifty Dollars and Sixty-Eight Cents ($ 2,764,650.68) (“Contract Sum”). The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.3 of this Agreement. 187 LABOR TYLI PM/RE Joseph Smith TYLI Deputy RE/SR John Buckley TYLI Office Engineer Cathleen Ma FT Falcon Inspector FT (PW) Falcon SWPPP Insp Dion Castro Labor Compliance Officer Chia-Chi Wang (DESI) TYLI Schedule Reviews - Wade Durant Task No.Task Name Start Finish $280.88 $225.32 $168.43 $205.62 $204.26 $177.70 $220.06 Hours Costs 1.00 Project Management Mar-22 Mar-24 1.20 Monthly Progress Reports -$ Subtotals (Hours) =-$ Subtotals (Costs) =-$ -$ -$ -$ -$ -$ -$ -$ 2.00 Pre-Construction Services Mar-22 Apr-22 2.1 Constructability Review 16 16 8 40 8,655.52$ 2.2 Pre-Bid Package Review 4 4 673.72$ 2.3 Pre-Bid Meeting 4 4 8 1,723.76$ 2.4 Bid-Openeing Meeting 4 4 901.28$ 2.5 Bid Analysis 1 2 2 2 7 1,328.82$ 2.6 Award Package 1 1 225.32$ 2.7 Project Walkthrough 1 1 225.32$ 2.8 Project Kick-Off Meeting 1 1 225.32$ 2.9 Pre-Construction Meeting 3 2 2 2 9 1,779.46$ 2.10 Pre-Construction Photo Documentation 1 1 225.32$ 2.11 Review Project Permits 4 4 822.48$ Subtotals (Hours) =32 8 28 4 8 80 16,786.32$ Subtotals (Costs) =-$ 7,210.24$ 1,347.44$ 5,757.36$ -$ 710.80$ 1,760.48$ 80 16,786.32$ 0.6%0.6% 3.00 Construction Services Apr-19 Jan-24 3.10 Const. Mnmgt, Insp., Admin. 3750 1900 3450 250 188 110 9648 1,983,035.20$ Subtotals (Hours) =3750 1900 3450 250 188 110 9,648 1,983,035.20$ Subtotals (Costs) =-$ 844,950.00$ 320,017.00$ 709,389.00$ 51,065.00$ 33,407.60$ 24,206.60$ 9,648 1,983,035.20$ 69.5%71.7% 4.00 Post-Construction Services Feb-24 Mar-24 4.1 Item Close-Out 2 8 2 12 2,209.32$ 4.2 Claims Report 4 8 8 20 3,893.68$ 4.3 Proposed Final Estimate 4 4 8 16 2,996.60$ 4.4 Project Reimbursement 2 2 411.24$ 4.5 Project Report 2 4 6 1,124.36$ 4.6 Record Drawings 8 4 8 20 4,121.24$ Subtotals (Hours) =20 28 20 8 76 14,756.44$ Subtotals (Costs) =-$ 4,506.40$ 4,716.04$ 4,112.40$ -$ 1,421.60$ -$ 76 14,756.44$ 0.5%0.5% 5.00 Survey Services 154,674.53$ CL Surveing Subtotals (Hours) =1058 154,674.53$ Subtotals (Costs) =154,674.53$ -$ -$ -$ -$ -$ 1,058 154,674.53$ 7.6%5.6% 6.00 Materials Testing and Inspection 156,358.65$ AESCO Subtotals (Hours) =540 156,358.65$ Subtotals (Costs) =156,358.65$ -$ -$ -$ -$ -$ 540 156,358.65$ 3.9%5.7% 7.00 Biological and Cultural Monitoring 84,799.98$ ECORP Subtotals (Hours) =771 84,799.98$ Subtotals (Costs) =84,799.98$ -$ -$ -$ -$ -$ 771 84,799.98$ 5.6%3.1% 8.00 Public Outreach 123,414.10$ Connect and Company Subtotals (Hours) =1145 123,414.10$ Subtotals (Costs) =123,414.10$ -$ -$ -$ -$ -$ 1,145 123,414.10$ 8.3%4.5% 9.00 CIDH Pile Acceptance (ODC)-$ Earthspectives- (As needed)Subtotals (Hours) =-$ Costs listed as ODC below Subtotals (Costs) =-$ -$ -$ -$ -$ -$ City of La Quinta Construction Management and Inspection Services for Dune Palms Road and Bridge Project Cost Proposal Total Hours Totals Percent of Total 188 City of La Quinta Construction Management and Inspection Services for Dune Palms Road and Bridge Project Cost Proposal 10.00 Electrical Inspection 59,923.73$ DESI (John Kannor)Subtotals (Hours) =360 59,923.73$ Subtotals (Costs) =59,923.73$ -$ -$ -$ -$ -$ 360 59,923.73$ 2.6%2.2% 11.00 Source Inspection Quallity Management 35,443.41$ ZTC Consulting Group Subtotals (Hours) =200 35,443.41$ Subtotals (Costs) =35,443.41$ -$ -$ -$ -$ -$ 200 35,443.41$ 1.4%1.3% Total (Hours) =3802 1936 3498 250 200 118 Total (Costs) =-$ 856,666.64$ 326,080.48$ 719,258.76$ 51,065.00$ 35,540.00$ 25,967.08$ 13,878 2,629,192.36$ Percentage of Total (Hours) =27.4%14.0%25.2%1.8%1.4%0.9%70.6% Percentage of Total (Costs) =31.0%11.8%26.0%1.8%1.3%0.9%72.9% T.Y. Lin International TOTAL PROPOSED COST Cost/Month Unit Total Labor =2,629,192.36$ 1,250.00$ 44.00 55,000.00$ 2022 Escalation =6,236.69$ 4% -$ 2023 Escalation =10,394.48$ 4% 55,000.00$ 2024 Escalation =4,157.79$ 4% Sub Escalation 28,669.36$ 3.1% Unit Cost Unit Total ODCs =86,000.00$ 110.2% 25,000.00$ 1 25,000.00$ Total =2,764,650.68$ 25,000.00$ Unit Cost Unit Total DBE Total $529,911.01$ 6,000.00$ 1 6,000.00$ DBE%19.17% 6,000.00$ ODCs TOTAL =86,000.00$ OTHER DIRECT COSTS Item Profilograph Bridge Deck Item CIDH Pile QA- Earthspectives Item Vehicle (Miles) 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 Local Assistance Procedures Manual Note: Mark-ups are Not Allowed X a) Subtotal Direct Labor Costs b) Anticipated Salary Increases (see page 2 for calculation) d) ) f) ) h) NOTES: 1. 2. 3. January 2020 FIXED FEE Subconsultant 1: Subconsultant 2: Subconsultant 3: Subconsultant 4: DIRECT LABOR Classification/Title Actual Hourly Rate 51.28$ Unit Cost Total -$ k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10.0 l)CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) 83,067.39$ 14,061.32$ Fringe Benefits (Rate: EXHIBIT 10-H1 Cost Proposal m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) -$ -$ QuantityDescription of Item Unit 57,545.82$ c) TOTAL DIRECT LABOR COSTS [(a) + (b)] 46,042.41$ e) Total Fringe Benefits [(c) x (d)] Chainman Total Survey Project Manager 78.25$ 5,477.50$ Date Consultant Contract No.City Project No. 2011-05 j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] CL Surveying and Mapping, Inc. 12/6/2021Project No. i) Gen & Admin [(c) x (h)] 18,512.49$ 32.170% 57,545.82$ EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3 COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES) Prime Consultant Subconsultant 20,922.24$ 2nd Tier Subconsultant LABOR COSTS Survey Tech Party Chief Name -$ -$ %] INDIRECT COSTS g) Overhead [(c) x (f)] 18,512.49$ )(Rate: 32.170% Overhead (Rate: 80.010% Plan Sheets Test Joseph Deal TBD 70 408 Hours Bernardo Padilla TBD 172 408 Page 1 of 9 m) TOTAL SUBCONSULTANTS' COSTS n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] General and Adminstrative with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans. Anticipated salary increases calculation (page 2) must accompany. 154,674.53$ TOTAL COST [(c) + (j) + (k) + (n)] -$ -$ -$ Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked -$ l) TOTAL OTHER DIRECT COSTS -$ Mileage Costs Equipment Rental and Supplies Permit Fees 50.00$ 55.26$ 8,600.00$ 22,546.08$ -$ -$ -$ -$ -$ -$ -$ 204 Local Assistance Procedures Manual += += += += += *= *= *= *= *= = *= *= *= *= *= = = = NOTES: 183,846.79$ Page 2 of 9 January 2020 $157.94 Year 1 Year 2 EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3 COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES) Avg Hourly Rate = 1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % 4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) 20.0% 20.0% 20.0% 20.0% 20.0% 100.0% Estimated Hours Year 3 Estimated Hours Year 4 Estimated Hours Year 5 Transfer to Page 1 Total Direct Labor Cost with Escalation Direct Labor Subtotal before Escalation $39,800.34 191,349.22$ Cost Proposal 252 252 Year 2 Avg Houly Rate Year 3 Avg Houly Rate Year 4 Avg Houly Rate Year 5 Avg Houly Rate Estimated Hours Year 1 Estimated Hours Year 2 1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Year 3 Year 4 252 252 252 1260 Estimated Hours Year 3 Estimated Hours Year 4 Estimated Hours Year 5 Total EXHIBIT 10-H1 2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) 3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. 4. Calculations for anticipated salary escalation must be provided. increase, the # of years of the contract, and a breakdown of the labor to be performed each year. 252 252 252 252 252 $37,504.75 $38,254.84 $39,019.94 Estimate hours (calculated above) Cost per Year $36,769.36 Estimated Hours Year 1 Estimated Hours Year 2 Year 5 Avg Hourly Rate (calculated above) $ 7,502.43 1260 1260 1260 1260 1260 Total $145.91 $148.83 $151.80 $154.84 $145.91 Total Hours per Cost Proposal $148.83 $151.80 $154.84 $157.94 Proposed Escalation Total Hours per Year Total Hours per Cost Proposal 2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) 5 Year Contract Duration Year 5 $157.94 2%$161.10 Year 6 Avg Houly Rate Year 1 Avg Hourly Rate Estimated total of Direct Labor Salary Increase Year 1 Year 2 Year 3 Year 4 Year 5 3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Direct Labor Subtotal per Cost Proposal $183,846.79 Year 1 Year 2 Year 3 Year 4 Estimated % Completed Each Year 1260 $145.91 $151.80 $154.84 2% 2% 2% 2% $148.83 Avg Hourly Rate 205 Local Assistance Procedures Manual EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles (GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112 - Letting of Contracts 4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s). Prime Consultant or Subconsultant Certifying: Name:Title*: Signature: Email:Phone Number: Address: 400 East Rincon Street, Suite 202, Corona, CA 92879 List services the consultant is providing under the proposed contract: Land Surveying *An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. Lam Le Lam@cl-survey.com (909) 484-4200 EXHIBIT 10-H1 Cost Proposal President Date of Certification (mm/dd/yyyy): 1/28/2022 206 207 208 Local Assistance Procedures Manual Note: Mark-ups are Not Allowed X a) Subtotal Direct Labor Costs b) Anticipated Salary Increases (see page 2 for calculation) d) ) f) ) h) NOTES: 1. 2. 3. 39.00$ 52.50$ 18,135.00$ 4,725.00$ 5,350.00$ -$ 5,000.00$ 350.00$ -$ -$ -$ Christine Feldman 465 90 Page 1 of 9 m) TOTAL SUBCONSULTANTS' COSTS n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] General and Adminstrative with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans. Anticipated salary increases calculation (page 2) must accompany. 123,414.10$ TOTAL COST [(c) + (j) + (k) + (n)] -$ -$ -$ Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked 5,350.00$ l) TOTAL OTHER DIRECT COSTS -$ -$ -$ %] INDIRECT COSTS g) Overhead [(c) x (f)] 56,221.00$ )(Rate: 0.000% Overhead (Rate: 0.000% Plan Sheets 18000 Test Mileage Costs Equipment Rental and Supplies Permit Fees 12/6/2021Project No. i) Gen & Admin [(c) x (h)] -$ 110.000% 51,110.00$ EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3 COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES) Prime Consultant Subconsultant 8,500.00$ 2nd Tier Subconsultant LABOR COSTS Sr. Community Outreach Art Diretor/Graphic Designer Name Andrea Suarez Jenessa Sanchez 250 340 Hours Jessica Sanchez EXHIBIT 10-H1 Cost Proposal m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) -$ 350.00$ QuantityDescription of Item Unit 51,110.00$ c) TOTAL DIRECT LABOR COSTS [(a) + (b)] -$ e) Total Fringe Benefits [(c) x (d)] Outreach Support Total Outreach Director 79.00$ 19,750.00$ Date Consultant Contract No.City Project No. 2011-05 j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] Connect & Company, LLC January 2020 FIXED FEE Subconsultant 1: Subconsultant 2: Subconsultant 3: Subconsultant 4: DIRECT LABOR Classification/Title Actual Hourly Rate 25.00$ Unit Cost Total 0.56$ 1 k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10.0 l)CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) 56,221.00$ 10,733.10$ Fringe Benefits (Rate: 209 Local Assistance Procedures Manual += += += += += *= *= *= *= *= = *= *= *= *= *= = = = NOTES: Estimated total of Direct Labor Salary Increase Year 1 Year 2 Year 3 Year 4 Year 5 3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Direct Labor Subtotal per Cost Proposal $250,000.00 Year 1 Year 2 Year 3 Year 4 Estimated % Completed Each Year 5000 $50.00 $52.02 $53.06 2% 2% 2% 2% $51.00 Avg Hourly Rate Total Hours per Cost Proposal 2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) 5 Year Contract Duration Year 5 $54.12 2%$55.20 Year 6 Avg Houly Rate Year 1 Avg Hourly Rate 5000 5000 5000 Total $50.00 $51.00 $52.02 $53.06 $50.00 Total Hours per Cost Proposal $51.00 $52.02 $53.06 $54.12 Proposed Escalation Total Hours per Year EXHIBIT 10-H1 2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) 3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. 4. Calculations for anticipated salary escalation must be provided. increase, the # of years of the contract, and a breakdown of the labor to be performed each year. 1000 1000 1000 1000 1000 $51,000.00 $52,020.00 $53,060.40 Estimate hours (calculated above) Cost per Year $50,000.00 Estimated Hours Year 1 Estimated Hours Year 2 Year 5 Avg Hourly Rate (calculated above) $ 10,202.01 5000 5000 Direct Labor Subtotal before Escalation $54,121.61 260,202.01$ Cost Proposal 1000 1000 Year 2 Avg Houly Rate Year 3 Avg Houly Rate Year 4 Avg Houly Rate Year 5 Avg Houly Rate Estimated Hours Year 1 Estimated Hours Year 2 1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Year 3 Year 4 1000 1000 1000 5000 Estimated Hours Year 3 Estimated Hours Year 4 Estimated Hours Year 5 Total 250,000.00$ Page 2 of 9 January 2020 $54.12 Year 1 Year 2 EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3 COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES) Avg Hourly Rate = 1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % 4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) 20.0% 20.0% 20.0% 20.0% 20.0% 100.0% Estimated Hours Year 3 Estimated Hours Year 4 Estimated Hours Year 5 Transfer to Page 1 Total Direct Labor Cost with Escalation 210 Local Assistance Procedures Manual EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles (GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112 - Letting of Contracts 4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s). Prime Consultant or Subconsultant Certifying: Name:Title*: Signature: Email:Phone Number: Address: 690 Carlsbad Village Drive, Ste. 204, Carlsbad CA 92008 List services the consultant is providing under the proposed contract: Page 3 of 9 January 2020 EXHIBIT 10-H1 Cost Proposal President Date of Certification (mm/dd/yyyy): 11/29/2021 *An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. Andrea Suarez AWS andrea@connectcopr.com 760-889-6949 211 Local Assistance Procedures Manual Note: Mark-ups are Not Allowed X a)Subtotal Direct Labor Costs b)Anticipated Salary Increases (see page 2 for calculation) d)) f)) h) NOTES: 1. 2. 3. January 2020 FIXED FEE Subconsultant 1: Subconsultant 2: Subconsultant 3: Subconsultant 4: DIRECT LABOR Classification/Title Actual Hourly Rate -$ Unit Cost Total 0.56$ k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10.0 l)CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) 46,281.34$ 8,345.81$ Fringe Benefits (Rate: EXHIBIT 10-H1 Cost Proposal m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) -$ -$ QuantityDescription of Item Unit 36,900.00$ 276.75$ c) TOTAL DIRECT LABOR COSTS [(a) + (b)] 12,866.87$ e) Total Fringe Benefits [(c) x (d)] Total Labor Compliance Officer 75.00$ 13,500.00$ Date Consultant Contract No.City Project No. 2011-05 j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] Dynamic Engineering Services, Inc. 12/6/2021Project No. i) Gen & Admin [(c) x (h)]-$ 89.880% 37,176.75$ EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3 COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES) Prime Consultant Subconsultant -$ $ - -$ $ - -$ 2nd Tier Subconsultant LABOR COSTS Electrical Inspector Electrical Inspector Name -$ -$ %] INDIRECT COSTS g) Overhead [(c) x (f)]33,414.46$ )(Rate:0.000% Overhead (Rate: 34.610% Plan Sheets 8000 mile Test Chia-Chi Wang 180 Hours John Kannor Steve Brown 360 Page 1 of 9 m) TOTAL SUBCONSULTANTS' COSTS n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] General and Adminstrative with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans. Anticipated salary increases calculation (page 2) must accompany. 96,283.89$ TOTAL COST [(c) + (j) + (k) + (n)] -$ -$ -$ Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked 4,480.00$ l) TOTAL OTHER DIRECT COSTS -$ Mileage Costs Equipment Rental and Supplies Permit Fees 65.00$ 62.50$ 23,400.00$ -$ 4,480.00$ -$ 4,480.00$ -$ -$ -$ -$ 212 Local Assistance Procedures Manual += += += += += *= *= *= *= *= = *= *= *= *= *= = = = NOTES: 36,900.00$ Page 2 of 9 January 2020 $74.67 Year 1 Year 2 EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3 COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES) Avg Hourly Rate = 1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % 4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) 25.0% 50.0% 25.0% 0.0% 0.0% 0.0% Estimated Hours Year 3 Estimated Hours Year 4 Estimated Hours Year 5 Transfer to Page 1 Total Direct Labor Cost with Escalation Direct Labor Subtotal before Escalation $0.00 37,176.75$ Cost Proposal 135 270 Year 2 Avg Houly Rate Year 3 Avg Houly Rate Year 4 Avg Houly Rate Year 5 Avg Houly Rate Estimated Hours Year 1 Estimated Hours Year 2 1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Year 3 Year 4 135 0 0 540 Estimated Hours Year 3 Estimated Hours Year 4 Estimated Hours Year 5 Total EXHIBIT 10-H1 2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) 3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. 4. Calculations for anticipated salary escalation must be provided. increase, the # of years of the contract, and a breakdown of the labor to be performed each year. 135 270 135 0 0 $18,450.00 $9,501.75 $0.00 Estimate hours (calculated above) Cost per Year $9,225.00 Estimated Hours Year 1 Estimated Hours Year 2 Year 5 Avg Hourly Rate (calculated above) $ 276.75 540 540 540 540 540 Total $68.33 $68.33 $70.38 $72.49 $68.33 Total Hours per Cost Proposal $68.33 $70.38 $72.49 $74.67 Proposed Escalation Total Hours per Year Total Hours per Cost Proposal 2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) 5 Year Contract Duration Year 5 $74.67 3%$76.91 Year 6 Avg Houly Rate Year 1 Avg Hourly Rate Estimated total of Direct Labor Salary Increase Year 1 Year 2 Year 3 Year 4 Year 5 3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Direct Labor Subtotal per Cost Proposal $36,900.00 Year 1 Year 2 Year 3 Year 4 Estimated % Completed Each Year 540 $68.33 $70.38 $72.49 0% 3% 3% 3% $68.33 Avg Hourly Rate 213 Local Assistance Procedures Manual EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles (GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112 - Letting of Contracts 4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s). Prime Consultant or Subconsultant Certifying: Name:Title*: Signature: Email:Phone Number: Address:27395 Echo Canyon Court, Corona, CA 92883 List services the consultant is providing under the proposed contract:Labor Compliance Monitoring Electrical Inspection *An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. chia-Chi Wang ccwang@dynamicsi.com 951-892-1420 EXHIBIT 10-H1 Cost Proposal Project Manager Date of Certification (mm/dd/yyyy):12/1/2021 214 215 216 Local Assistance Procedures Manual Note: Mark-ups are Not Allowed X a)Subtotal Direct Labor Costs b)Anticipated Salary Increases (see page 2 for calculation) d)) f)) h) Project Accountant Jackie McComas 24.0 $ 31.00 744.00$ Publications Laura Hesse 13.0 $ 26.56 345.28$ Project Controls Candy Coons 7.5 $ 30.05 225.38$ 26.00$ 3,666.00$ Sr. Bio. Oversight Wendy Turner*21.0 $ 36.06 757.26$ Biologist Christina Torres 48.0 $ 25.00 1,200.00$ Sr. Bio. Oversight Margaret Bornyasz 11.0 $ 58.44 642.84$ 14.00$ Biologist Corrina Tapia 0.5 $ 23.50 11.75$ QA/QC Lisa Westwood, RPA 4.0 73.20$ 292.80$ PI Task Manager John O'Connor, Ph.D., RPA*9.0 41.64$ 374.76$ Staff Archaeologist Robert Cunningham 395.0 30.00$ 11,850.00$ Project Manager Caroline Garcia*141.0 Biologist Bryce "Adam" Schroeder 0.5 $ 33.72 16.86$ Biologist Jessie Beckman 10.0 32.50$ 325.00$ Biologist Alden Lovaas 30.0 20.72$ 621.60$ Biologist Alexandra "Lexi" Dorough 32.0 18.50$ 592.00$ Biologist Chelsie Brown 0.5 $ 28.00 Biologist Max Murray 0.5 25.85$ 12.93$ Biologist Joshua Harris 6.5 $ 18.50 120.25$ 24.20$ 12.10$ Biologist Lauren Simpson 0.5 34.25$ 17.13$ Biologist Carley Lancaster 0.5 33.75$ 16.88$ FIXED FEE DIRECT LABOR Classification/Title Actual Hourly Rate 23.54$ Unit Cost Total 0.56$ 36 Day k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 5.0 l)CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) 45,240.99$ 3,427.69$ Fringe Benefits (Rate: EXHIBIT 10-H1 Cost Proposal 100.00$ QuantityDescription of Item Unit 22,398.84$ 914.05$ c) TOTAL DIRECT LABOR COSTS [(a) + (b)] 16,165.16$ e) Total Fringe Benefits [(c) x (d)] GIS Support Total Biologist 41.60$ 20.80$ Date Consultant Contract No.City Project No. 2011-05 j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] 1/28/2022Project No. i) Gen & Admin [(c) x (h)]19,958.17$ 39.11% 23,312.89$ EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3 COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES) Prime Consultant Subconsultant 378.00$ $ 42.00 Sr. GIS Support -$ 141.24$ 2nd Tier Subconsultant LABOR COSTS Name Biologist Taylor Dee %] INDIRECT COSTS g) Overhead [(c) x (f)]9,117.67$ )(Rate:85.61% Overhead (Rate: 69.34% Josh Corona-Bennett Torrey Rotellini Marc Guidry, GISP 0.5 6.0 9.0 Hours 0.5 General and Adminstrative Mileage Costs Vehicle Rental 2,878.40$ 3,600.00$ 5,140 Mile 217 NOTES: 1. 2. 3. January 2020 Subconsultant 1: Subconsultant 2: Subconsultant 3: Subconsultant 4: 35 35 Night m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) 125.00$ with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans. Anticipated salary increases calculation (page 2) must accompany. 84,799.98$ TOTAL COST [(c) + (j) + (k) + (n)] -$ -$ -$ Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked 12,818.40$ l) TOTAL OTHER DIRECT COSTS -$ Lodging ea 530.00$ Day 12,818.40$ -$ 4,375.00$ 1,435.00$ 530.00$ Page 1 of 9 m) TOTAL SUBCONSULTANTS' COSTS n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] 41.00$ Per diem/Meals Exclusion Supplies 1 218 Local Assistance Procedures Manual += += += += += *= *= *= *= *= = *= *= *= *= *= = = = NOTES: 22,398.84$ Page 2 of 9 January 2020 $31.45 Year 1 Year 2 EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3 COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES) Avg Hourly Rate = 1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % 4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) 20.0% 20.0% 20.0% 20.0% 20.0% 100.0% Estimated Hours Year 3 Estimated Hours Year 4 Estimated Hours Year 5 Transfer to Page 1 Total Direct Labor Cost with Escalation Direct Labor Subtotal before Escalation $4,849.04 23,312.89$ Cost Proposal 154.2 154.2 Year 2 Avg Houly Rate Year 3 Avg Houly Rate Year 4 Avg Houly Rate Year 5 Avg Houly Rate Estimated Hours Year 1 Estimated Hours Year 2 1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Year 3 Year 4 154.2 154.2 154.2 771 Estimated Hours Year 3 Estimated Hours Year 4 Estimated Hours Year 5 Total EXHIBIT 10-H1 2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) 3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. 4. Calculations for anticipated salary escalation must be provided. increase, the # of years of the contract, and a breakdown of the labor to be performed each year. 154 154 154 154 154 $4,569.36 $4,660.75 $4,753.97 Estimate hours (calculated above) Cost per Year $4,479.77 Estimated Hours Year 1 Estimated Hours Year 2 Year 5 Avg Hourly Rate (calculated above) $ 914.05 771 771 771 771 771 Total $29.05 $29.63 $30.23 $30.83 $29.05 Total Hours per Cost Proposal $29.63 $30.23 $30.83 $31.45 Proposed Escalation Total Hours per Year Total Hours per Cost Proposal 2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) 5 Year Contract Duration Year 5 $31.45 2%$32.08 Year 6 Avg Houly Rate Year 1 Avg Hourly Rate Estimated total of Direct Labor Salary Increase Year 1 Year 2 Year 3 Year 4 Year 5 3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Direct Labor Subtotal per Cost Proposal $22,398.84 Year 1 Year 2 Year 3 Year 4 Estimated % Completed Each Year 771 $29.05 $30.23 $30.83 2% 2% 2% 2% $29.63 Avg Hourly Rate 219 Local Assistance Procedures Manual Exhibit 10-H1 Certification of Direct Costs: 2. Terms and conditions of the contract 3.Title 23 United States Code Section 112 - Letting of Contracts 4.48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 6.48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s). Prime Consultant or Subconsultant Certifying: List services the consultant is providing under the proposed contract: Name: Brant Brechbiel Title *: Vice President/CCO EXHIBIT 10-H1 COST PROPOSAL Page 4 of 4 Phone Number: (714) 648-0630 Environmental Compliance Services Address: 2861 Pullman Street, Santa Ana, CA 92705 Email: bbrechbiel@ecorpconsulting.com I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. *An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. 5.23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 1. Generally Accepted Accounting Principles (GAAP) Signature : Date of Certification (mm/dd/yyyy): 11/01/2021 LPP 15-01 January 14, 2015 220 221 222 Local Assistance Procedures Manual EXHIBIT 10-H Cost Proposal Note: Mark-ups are Not Allowed o Prime x Subconsultant o 2nd Tier Subconsultant Consultant Project No. City Project No. 2011-05 Contract No. _____________Date 12/6/2021 DIRECT LABOR Hours 3498 250 LABOR COSTS a) Subtotal Direct Labor Costs b) Anticipated Salary Increases (see page 2 for sample) c) TOTAL DIRECT LABOR COSTS [(a) + (b)] FRINGE BENEFITS d) Fringe Benefits Rate: 0.00% e) TOTAL FRINGE BENEFITS [(c) x (d)] INDIRECT COSTS f) Overhead Rate: 147.59%g) Overhead [(c) x (f)] h) General & Administrative Rate: 0.00%i) General & Administrative [(c) x (h)] j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] FEE (Profit) q) Rate:10.00%k) TOTAL FIXED PROFIT [(c) + (j)] x (q)] l) CONSULTANT OTHER DIRECT COSTS (ODC) ITEMIZE Unit(s)Unit Cost m) SUBCONSULTANT'S COST (Add additional pages if necessary) NOTES: 3. Anticipated salary increases calculation (page 2) must accompany. January 2020 1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans. LPP 15-01 TOTAL COST [(c) + (j) + (k) + (n)]$770,336.42 Subconsultant 2: Subconsultant 3: m) TOTAL SUBCONSULTANTS' COSTS $0.00 n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l)+(m)]$0.00 l) TOTAL OTHER DIRECT COSTS Included in OH Subconsultant 1: Description Total 70,030.58 SWPPP Dion Castro $75.00 $18,750.00 $282,849.00 $282,849.00 $0.00 $417,456.84 $0.00 $417,456.84 Roadway/Bridge Inspector Syed Afzal Biyabani $75.50 $264,099.00 EXHIBIT 10-H1 COST PROPOSAL Page 1 of 2 ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES) FALCON Engineering Services, Inc. Classification/Title Name Actual Hourly Rate Total 223 EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: Prime Consultant or Subconsultant Certifying: Name: Signature: Email: Address: List of services the consultant is providing under the proposed contract. Structures Representative, Construction Inspection, Roadway, Electrical, Signal, SWPPP wfaqih@falcon-ca.com Phone Number:(951) 264-2350 341 Corporate Terrace Circle, Suite 101 Corona, CA 92879 *An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s). Wael Faqih, PE Title*:Senior Vice President Date of Certification: February 1, 2022 All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles (GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112 - Letting of Contracts 4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Services 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) 224 225 226 Local Assitance Procedures Manual Exhibit 10-H1 Cost Proposal Note: Mark-ups are Not Allowed ☐ Prime Consultant ☒Subconsultant ☐ 2nd Tier Subconsultant Consultant Contract No. BRKLS-5433(014) Date 1/27/2022 DIRECT LABOR Dune Palms Road Bridge Project hours Actual Hourly Rate Total 44 $82.50 $3,630.00 80 $54.50 $4,360.00 32 $45.00 $1,440.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 LABOR COSTS a) Subtotal Direct Labor Costs $9,430.00 b) Anticipated Salary Increases (see page 2 for sample)$0.00 c) TOTAL DIRECT LABOR COSTS [(a) + (b)]$9,430.00 FRINGE BENEFITS d) Fringe Benefits (Rate 0.00%)e) Total Fringe Benefits [(c) x (d)]$0.00 INDIRECT COSTS f) Overhead (Rate:104.66%) g) Overhead [(c) x (f)]$9,869.44 h) General and Administrative (Rate:0.00%) i) Gen & Admin [(c) x (h)]$0.00 j) Total Indirect Costs [(e) + (g) + (i)]$9,869.44 FEE (Profit) q) (Rate: 10.00%)k) TOTAL FIXED PROFIT [(c) + (j)] x (q)]$1,929.94 OTHER DIRECT COSTS (ODC) Description Unit(s) Unit Cost Total l)Travel (Per Caltrans Policies)4 $600.00 $2,400.00 m)Mileage (per IRS rate)893 $0.56 $500.00 n)Material Testing (see attached)1 $11,260.00 $11,260.00 o)Subconsultant Costs p) Total Other Direct Costs [(l) + (m) + (n) + (o)]$14,160.00 TOTAL COST [(c) + (j) + (k) + (p)]$35,389.38 NOTES: Page 1 of 4 Janaury 2018 EXHIBIT 10-H1 COST PROPOSAL Page 1 of 4 ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES) ZT Consulting Group, Inc. Classification/Title Name Structural Manterial Rep.*Farzad Tasbihgoo, PE QA Inspector Andrew Soria, CWI, PCI III, NACE 2 QA Inspector David Ramirez, ACI I, PCI II 1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans. 3. Anticipated salary increases calculation (page 2) must accompany. 227 Local Assitance Procedures Manual Exhibit 10-H1 Cost Proposal Consultant Contract No. BRKLS-5433(014) Date 1/27/2022 Dune Palms Road Bridge Project 1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours)44588 Avg Hourly 5 Year Contract Rate Duration $9,430.00 =$60.45 Year 1 Avg Hourly Rate Avg Hourly Rate Year 1 $60.45 +=$60.45 Year 2 Avg Hourly Rate Year 2 $60.45 +=$60.45 Year 3 Avg Hourly Rate Year 3 $60.45 +=$60.45 Year 4 Avg Hourly Rate Year 4 $60.45 +=$60.45 Year 5 Avg Hourly Rate Year 5 $60.45 +=$60.45 Year 5 Avg Hourly Rate Total Hours per Year Year 1 60.00%*=93.6 Estimated Hours Year 1 Year 2 40.00%*=62.4 Estimated Hours Year 2 Year 3 0.00%*=0.0 Estimated Hours Year 3 Year 4 0.00%*=0.0 Estimated Hours Year 4 Year 5 0.00%*=0.0 Estimated Hours Year 5 Total 100% =156.0 $9,430.00 Year 1 $60.45 *=$5,658.00 Estimated Hours Year 1 Year 2 $60.45 *=$3,772.00 Estimated Hours Year 2 Year 3 $60.45 *=$0.00 Estimated Hours Year 3 Year 4 $60.45 *=$0.00 Estimated Hours Year 4 Year 5 $60.45 *=$0.00 Estimated Hours Year 5 =$9,430.00 =$9,430.00 =$0.00 Transfer to Page 1 NOTES: • This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year. • An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) • This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. Page 2 of 4 Janaury 2018 156.0 156.0 Total 156.0 Estimated hours Cost per Year Total Direct Labor Cost with Escalation Direct Labor Subtotal before Escalation Estimated total of Direct Labor Salary Increase 0 0 0 (calculated above) Avg Hourly Rate (calculated above) 94 62 per Cost ProposalCompleted Each Year Estimated % 156.0 156.0 4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Total Hours 2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) 0% EXHIBIT 10-H1 COST PROPOSAL (EXAMPLE #1) PAGE 2 OF 2 ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (SAMPLE CALCULATIONS FOR ANTICIPATED SALARY INCREASES) ZT Consulting Group, Inc. Total Hours 156 Proposed Escalation 0% 0% 0% 0% Direct Labor Subtotal per Cost Proposal per Cost Proposal 3. Calculate estimated hours per year (Multiply estimate % each year by total hours) 228 Local Assitance Procedures Manual Exhibit 10-H1 Cost Proposal Consultant Contract No. BRKLS-5433(014) Date 1/27/2022 Dune Palms Road Bridge Project Units Cost per Unit Cost 1)0 100.00$ $0.00 2)0 1,200.00$ $0.00 3)32 180.00$ $5,760.00 4)2 625.00$ $1,250.00 5)0 250.00$ $0.00 6)0 250.00$ $0.00 7)25 150.00$ $3,750.00 8)2 250.00$ $500.00 $11,260.00 Units Cost per Unit Cost 1)4 600.00$ $2,400.00 2)893 0.56$ $500.00 $2,900.00 Total ODC $14,160.00 Notes Page 3 of 4 Janaury 2018 Travel per Note 1 - Per Trip 1. Pre-approved travel and Per Diem will be reimbursed in accordance with the current Caltrans Travel Guide for consultants, and detailed in executed Task Order Cost Estimates. No charge will be invoiced for employee relocation costs. Mileage Per IRS Structural Fasteners - High Strength Bolts Strands PT Anchorage Material Testing Summary of Cost Travel Cost - Per Caltrans Policies (Note 1) Epoxy Coated Bars Elastomer Seal Splices - Mechanical or Hoops or Headed Bars Bearing Pads Structural Fasteners - Anchor Rods EXHIBIT 10-H1 COST PROPOSAL (EXAMPLE #1) PAGE 3 OF 4 ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (SAMPLE CALCULATIONS FOR ANTICIPATED SALARY INCREASES) ZT Consulting Group, Inc. Estiamte of Other Direct Cost (ODC) 229 Consultant Contract No. BRKLS-5433(014) Date 1/27/2022 Dune Palms Road Bridge Project Page 4 of 4 Janaury 2018 List services the consultant is providing under the proposed contract: *An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. Source Inspection, Fabrication Visit, Construction Material Sampling at Shop, Travel to Shops for inspection and testing I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: Certification of Direct Costs: 1. Generally Accepted Accounting Principles (GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112 - Letting of Contracts 4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) Address: ____________________________________________________________________________________________________________________ All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s). Prime Consultant or Subconsultant Certifying: Name: _______________________________________________________________ Signature :___________________________________________________________________ Email: _____________________________________________________________________Phone Number:_____________________________ Date of Certification: _________________________ Title *:____________________________________ EXHIBIT 10-H1 COST PROPOSAL (EXAMPLE #1) PAGE 3 OF 4 ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (SAMPLE CALCULATIONS FOR ANTICIPATED SALARY INCREASES) ZT Consulting Group, Inc. Farzad Tasbihgoo Principal 01/27/22 farzad@ztcgrp.com 818-929-8162 1041 E Green St., Suite 204, Pasadena, CA 91106 230 231 232 233 234 235 236 Exhibit C Page 1 of 1 Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference. 237 FEDERAL PROJECT No. - BRKLS-5433(014) | CITY PROJECT No. - 2011-05 CONSTRUCTION MANAGEMENT AND INSPECTION SERVICESDUNE PALMS ROAD BRIDGE PROJECT 23 PROJECT SCHEDULE#Activity ID Activity Name Original Duration Start Finish Total Float1Dune Plams BridgeDune Plams Bridge 470 02-Mar-22 22-Jan-24 0 2 SUBMITTALSSUBMITTALS 30 03-Mar-22 14-Apr-22 0 3 PHASE 1PHASE 1 242 15-Apr-22 06-Apr-23 0 4 SUB-STRUCTURE (WEST)SUB-STRUCTURE (WEST)25 20-Jun-22 25-Jul-22 0 5 B1010 24" CIDH (14 EA) (51.25') ABUT 1 (West)5 20-Jun-22 24-Jun-22 0 6 B1020 24" CIDH (14 EA) (51.25') ABUT 5 (West)5 27-Jun-22 01-Jul-22 0 7 B1030 60" CIDH (2 EA) (103') PIER 2 (WEST)5 05-Jul-22 11-Jul-22 0 8 B1040 60" CIDH (2 EA) (110) PIER 3 (WEST)5 12-Jul-22 18-Jul-22 0 9 B1050 60" CIDH (2 EA) (108') PIER 4 (WEST)5 19-Jul-22 25-Jul-22 0 10 B1070 ABUT 5 Pile Cap (West)5 19-Jul-22 25-Jul-22 0 11 SUPER-STRUCTURE (WEST)SUPER-STRUCTURE (WEST)114 26-Jul-22 10-Jan-23 0 12 B1090 ABUT 5 (West)5 26-Jul-22 01-Aug-22 0 13 B1120 Colunms (60") (2 EA) Pier 4 (West)5 26-Jul-22 01-Aug-22 0 14 B1130 Falsework (480'L x 40.5'W) (West)20 02-Aug-22 29-Aug-22 0 15 B1140 Forms Stems Exterior (5.5'H) (West)10 30-Aug-22 13-Sep-22 0 16 B1170 Rebar Soffit & Stems (West)10 14-Sep-22 27-Sep-22 0 17 B1180 PT Ducts (5 EA) (4 Spans, 135'L max) (West)8 28-Sep-22 07-Oct-22 0 18 B1190 Forms Stems (West)10 11-Oct-22 24-Oct-22 0 19 B1200 Pour Soffit & Stems (674 CY) (West)2 25-Oct-22 26-Oct-22 0 20 B1205 Install IDD Conduits (6") (4 EA) within Bridge Cell (West)5 27-Oct-22 02-Nov-22 0 21 B1210 Forms Lost Deck (32'W x 452'L) (West)8 03-Nov-22 15-Nov-22 0 22 B1220 Rebar Deck (West)10 16-Nov-22 01-Dec-22 0 23 B1230 Pour Deck (West)1 02-Dec-22 02-Dec-22 0 24 B1240 Post Tensioning (West)5 19-Dec-22 23-Dec-22 0 25 B1260 Backwall Abut 5 (West)5 27-Dec-22 03-Jan-23 0 26 B1280 Structure Backfill Abut 5 (West)5 04-Jan-23 10-Jan-23 0 27 ROADWAY 1ROADWAY 1 242 15-Apr-22 06-Apr-23 0 28 PHASE 2PHASE 2 197 07-Apr-23 22-Jan-24 0 29 SUB-STRUCTURE (EAST)SUB-STRUCTURE (EAST)25 07-Apr-23 11-May-23 0 30 B2010 24" CIDH (16 EA) (51.25') ABUT 1 (East)5 07-Apr-23 13-Apr-23 0 31 B2020 24" CIDH (16 EA) (51.25') ABUT 5 (East)5 14-Apr-23 20-Apr-23 0 32 B2030 60" CIDH (2 EA) (103') PIER 2 (East)5 21-Apr-23 27-Apr-23 0 33 B2040 60" CIDH (2 EA) (110) PIER 3 (East)5 28-Apr-23 04-May-23 0 34 B2050 60" CIDH (2 EA) (108') PIER 4 (East)5 05-May-23 11-May-23 0 35 SUPER-STRUCTURE (EAST)SUPER-STRUCTURE (EAST)155 12-May-23 26-Dec-23 0 36 B2120 Colunms (60") (2 EA) Pier 4 (East)5 12-May-23 18-May-23 0 37 B2125 Falsework (East)20 19-May-23 16-Jun-23 0 38 B2150 Forms Stems Exterior (East)10 19-Jun-23 30-Jun-23 0 39 B2160 Rebar Soffit & Stems (East)10 03-Jul-23 17-Jul-23 0 40 B2170 PT Ducts (East)8 18-Jul-23 27-Jul-23 0 41 B2180 Forms Stems (East)10 28-Jul-23 10-Aug-23 0 42 B2190 Pour Soffit & Stems (East)2 11-Aug-23 14-Aug-23 0 43 B2200 Forms Lost Deck (East)8 15-Aug-23 24-Aug-23 0 44 B2210 Rebar Deck (East)10 25-Aug-23 08-Sep-23 0 45 B2220 Pour Deck (East)1 11-Sep-23 11-Sep-23 0 46 B2230 Post Tentioning (East)5 26-Sep-23 02-Oct-23 0 47 B2240 Backwall Abut 1 (East)5 03-Oct-23 10-Oct-23 0 48 B2250 Backwall Abut 5 (East)5 03-Oct-23 10-Oct-23 0 49 B2260 Structure Backfill Abut 1 (East)5 11-Oct-23 17-Oct-23 0 50 B2270 Structure Backfill Abut 5 (East)5 11-Oct-23 17-Oct-23 0 51 B2330 Bridge Approach Slab Abut 1 (East)2 22-Dec-23 26-Dec-23 0 52 B2340 Bridge Approach Slab Abut 5 (East)2 22-Dec-23 26-Dec-23 0 53 ROADWAY 2ROADWAY 2 63 18-Oct-23 22-Jan-24 0 54 CVWD SewerlineCVWD Sewerline 0 0 55 CVWD WaterlineCVWD Waterline 0 0 56 CVSC ChannelCVSC Channel 0 0 57 UTILITIES By OthersUTILITIES By Others 224 22-Apr-22 17-Mar-23 0 58 U1040 IDD - Install Intrim Electrical Shoofly (East Side)10 22-Apr-22 05-May-22 0 59 U1070 Spectrum - Relocate UG Facilities (East Side)10 22-Apr-22 05-May-22 0 60 U1080 IDD - Pulling conductors through Conduits (6") (4 EA) within Roadway (North West)30 19-Jan-23 03-Mar-23 0 61 U1100 IID_Pulling conductors through Conduits (6") (4 EA) within Bridge (West)10 06-Mar-23 17-Mar-23 0 62 MILESTONESMILESTONES 470 02-Mar-22 22-Jan-24 0 63 M1010 NTP 0 02-Mar-22 0 64 M1020 Swith Traffic to East (Bypass)0 20-Jun-22 0 65 M1030 Swith Traffic to West 0 07-Apr-23 0 66 M1040 Project Completion 0 22-Jan-24 0 Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan202220232024 14-Apr-22, SUBMITTALS 06-Apr-23, PHASE 1 25-Jul-22, SUB-STRUCTURE (WEST) 24" CIDH (14 EA) (51.25') ABUT 1 (West) 24" CIDH (14 EA) (51.25') ABUT 5 (West) 60" CIDH (2 EA) (103') PIER 2 (WEST) 60" CIDH (2 EA) (110) PIER 3 (WEST) 60" CIDH (2 EA) (108') PIER 4 (WEST) ABUT 5 Pile Cap (West) 10-Jan-23, SUPER-STRUCTURE (WEST) ABUT 5 (West) Colunms (60") (2 EA) Pier 4 (West) Falsework (480'L x 40.5'W) (West) Forms Stems Exterior (5.5'H) (West) Rebar Soffit & Stems (West) PT Ducts (5 EA) (4 Spans, 135'L max) (West) Forms Stems (West) Pour Soffit & Stems (674 CY) (West) Install IDD Conduits (6") (4 EA) within Bridge Cell (West) Forms Lost Deck (32'W x 452'L) (West) Rebar Deck (West) Pour Deck (West) Post Tensioning (West) Backwall Abut 5 (West) Structure Backfill Abut 5 (West) 06-Apr-23, ROADWAY 1 11-May-23, SUB-STRUCTURE (EAST) 24" CIDH (16 EA) (51.25') ABUT 1 (East) 24" CIDH (16 EA) (51.25') ABUT 5 (East) 60" CIDH (2 EA) (103') PIER 2 (East) 60" CIDH (2 EA) (110) PIER 3 (East) 60" CIDH (2 EA) (108') PIER 4 (East) 26-Dec-23, SUPER-STRUCTURE (EAST) Colunms (60") (2 EA) Pier 4 (East) Falsework (East) Forms Stems Exterior (East) Rebar Soffit & Stems (East) PT Ducts (East) Forms Stems (East) Pour Soffit & Stems (East) Forms Lost Deck (East) Rebar Deck (East) Pour Deck (East) Post Tentioning (East) Backwall Abut 1 (East) Backwall Abut 5 (East) Structure Backfill Abut 1 (East) Structure Backfill Abut 5 (East) Bridge Approach Slab Abut 1 (East) Bridge Approach Slab Abut 5 (East) 17-Mar-23, UTILITIES By Others IDD - Install Intrim Electrical Shoofly (East Side) Spectrum - Relocate UG Facilities (East Side) IDD - Pulling conductors through Conduits (6") (4 EA) within Roadway (North West) IID_Pulling conductors through Conduits (6") (4 EA) within Bridge (West) NTP Swith Traffic to East (Bypass) Swith Traffic to West Dune Plams Bridge Classic Schedule Layout 03-Dec-21 11:23 Actual Work Remaining Work Critical Remaining W... Milestone Page 1 of 1 TASK filter: Critical. © Oracle Corporation Exhibit C Note: Schedule was based on the plans and specifications provided with the City of La Quinta RFP for Dune Palms Road Bridge Improvements Project. 238 Exhibit D Page 1 of 1 Exhibit D Special Requirements See Required Federal Forms Attached. Exhibit 10-O1 and Exhibit 10-O2. 239 240 Exhibit E Page 1 of 7 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Personal Auto Declaration Page if applicable Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers’ Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Cyber Liability $1,000,000 (per occurrence) $2,000,000 (general aggregate) Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party’s acts or omissions rising out of or related to Contracting Party’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 Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with 241 Exhibit E Page 2 of 7 the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party 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 Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party 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 Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party 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. Contracting Party 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. Contracting Party shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss which shall include the following coverage: a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information. b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems. 242 Exhibit E Page 3 of 7 c. Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended. d. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep-linking or framing, and infringement or violation of intellectual property rights. e. Liability arising from the failure to render professional services. If coverage is maintained on a claims-made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party 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 Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party 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 Contracting Party’s failure to maintain or secure appropriate 243 Exhibit E Page 4 of 7 policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party’s or its subcontractors’ performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party 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. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party 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 Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party 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. 244 Exhibit E Page 5 of 7 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to Contracting Party’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 Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party 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. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self-insure or to use any self- insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contracting Party’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 Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, 245 Exhibit E Page 6 of 7 the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non- compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Contracting Party 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 the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive. 18. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 246 Exhibit E Page 7 of 7 19. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 20. Contracting Party 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 Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party 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. 247 Exhibit F Page 1 of 3 Exhibit F Indemnification F.1 Indemnity for the Benefit of City. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contracting Party shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party. c. Indemnity Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of City under any 248 Exhibit F Page 2 of 3 provision of this agreement, Contracting Party shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City. d. Indemnification Provision for Design Professionals. 1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a “design professional” as the term is defined in paragraph 3 below. 2. Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. 3. Design Professional Defined. As used in this Section F.1(d), the term “design professional” shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions 249 Exhibit F Page 3 of 3 identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. 250 City of La Quinta CITY COUNCIL MEETING: February 15, 2022 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTIONS TO ADOPT A NEGATIVE DECLARATION (EA 2021-0010) AND A GENERAL PLAN AMENDMENT (GPA 2020-0001), FOR THE 2022-2029 HOUSING ELEMENT UPDATE AND UPDATES TO 2035 GENERAL PLAN CHAPTER IV, ENVIRONMENTAL HAZARDS (SAFETY ELEMENT); CEQA: A NEGATIVE DECLARATION WAS PREPARED UNDER ENVIRONMENTAL ASSESSMENT 2021-0010; LOCATION: CITY-WIDE RECOMMENDATION Adopt a resolution to adopt a Negative Declaration (EA2021-0001) for the 2022-2029 Housing Element Update and updates to the 2035 General Plan Chapter IV, Environmental Hazards (Safety Element). Adopt a resolution to adopt a General Plan Amendment (GPA2020-0001) for the 2022-2029 Housing Element Update and updates to the 2035 General Plan Chapter IV, Environmental Hazards (Safety Element). EXECUTIVE SUMMARY The proposed project consists of updates to the Housing Element and 2035 General Plan Chapter IV, Environmental Hazards (Safety Element). The Housing Element is mandated to be updated for the 6th Cycle planning period, from October of 2021 through October of 2029. The Safety Element is required to be updated to address new information regarding climate resiliency and fire hazards in conjunction with the 6th Cycle Housing Element update, per Government Code Section 65302. Staff has worked with the Office of Housing and Community Development (HCD) on their review of the Housing Element to assure compliance with State law for the 2022-2029 planning period. PUBLIC HEARING ITEM NO. 1 251  The Planning Commission, at its January 25, 2022 meeting, unanimously voted to recommended approval of the Housing and Safety Element updates. FISCAL IMPACT None. BACKGROUND/ANALYSIS Housing Element Update The City is required to update its Housing Element every eight years. The current (5th Cycle) planning period ended October 2021. The 6th Cycle extends from October 2021 through October 2029. The planning cycle is tied to the preparation of the Regional Housing Needs Allocation (RHNA). The RHNA was adopted by the Southern California Association of Governments (SCAG) for all its member cities and counties and assigns an anticipated need for housing to each jurisdiction during the next eight years. The City’s RHNA is depicted in Table 1, below. Table 1 La Quinta Regional Housing Needs Allocation, 2021–2029 Type of Housing Very Low1 Low Moderate Above Moderate Total New Units 420 269 297 544 1,530 1 Note that the Very Low category consists of 50% extremely low-income units (210) and 50% very low income units (210). Government Code Section 65580 et. seq. establishes the requirements for Housing Elements, including the City’s responsibility to remove barriers to all types of housing, particularly affordable housing. With the 6th Cycle, State law also requires that the City include an analysis of how it is Affirmatively Furthering Fair Housing (AFFH) and determine whether additional policies and programs are required to assure fair housing throughout the community. The Housing Element must be reviewed and ultimately approved (certified) by the California Department of Housing and Community Development (HCD). Staff submitted the first draft of the Housing Element to HCD on May 7, 2021. Following the prescribed 60-day HCD review, staff received comments from HCD and amended the Element to address those comments. The second draft was submitted to HCD on September 27, 2021 (Exhibit A). After the second review, HCD provided additional comments on November 23, 2021 (Attachment 1). Staff has prepared additional changes to address these 252 comments and submitted them to HCD for informal review (Attachment 2). Staff believes that the changes will be sufficient to address HCD’s comments and has received informal confirmation that the Housing Element is in compliance with State law for the 2022-2029 planning period. Following Council adoption of the Housing Element, Staff will then submit the document for a final review by HCD for certification. Site Inventory Thirteen sites are identified for affordable housing development during the 2022-2029 timeframe, and six locations for market-rate housing, exceeding the City’s required RHNA allocation, as shown in the Table below. The City must accommodate 986 affordable housing units (very low, low, and moderate income units), and has capacity for 1,073. Table 2 Vacant Land Inventory Map Key APN Acres Existing GP Existing Zoning Projected Density Projected Yield Very Low, Low and Moderate Income Sites 1 646-070-016 13.84 MHDR RMH (AHO) 20 280 2* 770-156-007 0.23 VC VC 14 4 770-156-010 0.39 VC VC 14 5 770-181-009 0.36 VC VC 14 5 3 (City Owned) 773-078-005 0.11 MC/VC MC/VC 14 1 773-078-006 0.11 MC/VC MC/VC 14 1 773-078-007 0.11 MC/VC MC/VC 14 1 773-078016 0.12 MC/VC MC/VC 14 2 773-078-017 0.12 MC/VC MC/VC 14 2 773-078-034 1.11 MC/VC MC/VC 14 1 7 604-032-042 1.88 MHDR RMH 12 22 8 (City Owned) 600-030-010 2.72 of 11.29 MHDR RMH 19 52 9 600-390-024 15.14 CG CP/CR 18 273 10* 600-080-001 0.19 MHDR RM 10 2 600080002 0.19 MHDR RM 10 2 600080003 0.19 MHDR RM 10 2 600080004 0.19 MHDR RM 10 2 253 Table 2 Vacant Land Inventory Map Key APN Acres Existing GP Existing Zoning Projected Density Projected Yield 600080005 0.19 MHDR RM 10 2 600080006 0.19 MHDR RM 10 2 600080007 0.19 MHDR RM 10 2 600080008 0.19 MHDR RM 10 2 600080009 0.21 MHDR RM 10 2 600080041 2.4 MHDR RM 10 24 11 643-020-025 4.81 CG CR 26 126 12* 600340050 4.46 MHDR RM 8 36 600340051 13.01 MHDR RM 8 104 13 (City Owned) 600-020-057 6.42 CG CR 18 116 Total Very Low, Low and Moderate Income Sites 1,073 *Moderate income site Above Moderate Income Sites Acres Existing GP Existing Zoning Projected Density Projected Yield 15 Various 40.76 LDR/OS-R RVL/PR 3 90 16 Various 37.43 LDR RL/PR 3 60 17 Various 29.56 LDR RL 3 94 18 Various 20.72 LDR RL 3 57 19 Various 33.07 LDR RL 3 85 20 Various 28.76 LDR RL 3 70 Total Above Moderate Sites 456 Total All Sites 1,529 254 255 Policies New or revised policies to address changes in State law, and to accommodate the RHNA are included as listed below:  Apply the Affordable Housing Overlay to commercial sites, allowing 30 units per acre.  The City owned parcel on Highway 111 (Site 13) is to include 15% extremely low income units.  Focus for affordable housing on Highway 111 and the Village due to the availability of transit, services and jobs.  Study Zoning changes to encourage creative housing such as tiny homes, manufactured homes, container conversions, etc.  Remove discretionary findings from permitting requirements.  Pursue rehabilitation loans and grants for sub-standard housing.  Continue to work with Coachella Valley Association of Governments (CVAG) and other service providers to assist in homelessness reduction. Until October 2021, when the Governor signed an amendment to Housing Element law, the Housing Element was required to be completed and adopted by February 11, 2022. That deadline has been removed; however, any Housing Element adopted after February 11, 2022, must have any necessary rezoning complete by October 2022. Staff has already initiated the required Zoning Ordinance Amendment process and expects that amendments will be ready for Planning Commission and Council review and adoption in the summer of this year, well before the October deadline. Zoning amendments proposed are summarized below.  Update the Accessory Dwelling Unit (ADU) section to be consistent with State law, per HCD’s comments.  Update the mobile home section to remove the Minor Use Permit (MUP) requirement.  Update the density bonus section per AB 2345, which allows higher density bonus.  Update the zoning map to include the properties listed in the Vacant Land Inventory in the Affordable Housing Overlay.  Revise the Affordable Housing Overlay section to allow 30 dwelling units per acre to ensure that density can be implemented.  Revise the code to include Low Barrier Navigation Centers in the definition of "homeless shelter" per AB 101, address parking requirements for these uses, and include them as a permitted use in Medium Density (MDR), Medium High Density (MHDR), and High Density (HDR) Residential zones. A Low Barrier Navigation Center is defined as a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. 256 General Plan Chapter IV, Environmental Hazards (Safety Element) State law requires that the Safety Element be updated in conjunction with the Housing Element update for the 6th Cycle. The Safety Element is included within Chapter IV of the City’s General Plan. As a result, City staff prepared changes to the Element to address the following (Exhibit B):  Added a Fire Hazards section to address State requirements for description and assessment of State fire responsibility areas. The City has no such areas, nor does it contain Very High Fire Hazard Severity Zones, as determined by CalFire, but is responsible to proper planning for wildland and urban fire hazards. This addition addresses those requirements.  Added a Climate Change section to address future resiliency to climate change issues, including increases in temperature, reductions in rainfall, wildfire risks, and how these are addressed through the City’s Local Hazard Mitigation Plan.  Added new FEMA maps relating to flood zones. These new sections, and their associated policies and programs, address the changes in State law and were submitted to both the California Department of Conservation and to CalFire for review. No response was received from the former. CalFire reviewed the changes, and determined that since there are no State fire zones within the City, no further review or approval was required by them. The draft Element, as amended, will replace the existing Safety Element when approved by the City Council. AGENCY AND PUBLIC REVIEW Public Agency Review All written comments received are on file and available for review with the Design and Development Department. Public Notice This project was advertised in The Desert Sun newspaper on February 4, 2022. No written comments have been received as of the date of this writing. Any written comments received will be handed out at the City Council meeting. Planning Commission Review At its regular meeting of January 25, 2022, the Planning Commission unanimously voted to recommended Council approval of the proposed update. 257 ENVIRONMENTAL REVIEW The City prepared an Initial Study (Exhibit A of Environmental Resolution) for the Housing and Safety Element updates, and circulated it for public review from October 29 to November 17, 2021. The City received one comment letter from the Southern California Association of Governments (SCAG) (Attachment 3). The City reviewed the letter and has the following comments. 1. SCAG recommended that the City review the Connect SoCal1 goals in finalizing the Housing Element. The City’s RHNA is directly tied to the Connect SoCal document, insofar as SCAG is required by law to ensure that its goals be consistent with the RHNA developed for the 6th Cycle. The City’s Housing Element complies with the RHNA, and when approved by HCD will comply with State law. Therefore, the City’s Housing Element is consistent with Connect SoCal. 2. SCAG requested that the City include a reference to the Connect SoCal growth predictions in the document. The City’s assigned RHNA is required by law to be developed, in part, consistent with Connect SoCal. The City received its RHNA allocation from SCAG, and must therefore assume that SCAG has prepared the RHNA to be consistent with Connect SoCal. The Housing Element allocates sufficient lands to accommodate the City’s RHNA allocation, and is therefore consistent with SCAG’s growth estimates. 3. SCAG noted that communities which contain disadvantaged communities, as defined by SB 1000, must develop an environmental justice element. The comment is noted. The City completed a review of the State’s identified disadvantaged communities (provided on Cal EPA’s website). There are none within the City, and therefore no additional policies or programs were required to address SB 1000. As determined in the Initial Study, the adoption of the updates to the Housing and Safety Elements result in policy amendments and will not have an impact on the environment. Future development of any kind, including housing units, 1 Connect SoCal – The 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy is a long-range visioning plan that balances future mobility and housing needs with economic, environmental and public health goals. 258 commercial and institutional development, will be required to analyze its impacts on the environment, and to conform to the policies contained in the updated Elements. Therefore, the City has concluded that the adoption of the Housing and Safety Elements does not require any mitigation measures, and that a Negative Declaration should be adopted. Prepared by: Cheri Flores, Planning Manager Approved by: Danny Castro, Design and Development Director Attachments: 1. HCD November 23, 2021 Comment Letter 2. City responses to November 23, 2021 HCD Letter 3. SCAG November 16, 2021 Comment Letter 259 RESOLUTION NO. 2022 - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION FOR GENERAL PLAN AMENDMENT 2020-0001 FOR THE 2022-2029 HOUSING ELEMENT UPDATE AND UPDATES TO 2035 GENERAL PLAN CHAPTER IV, ENVIRONMENTAL HAZARDS CASE NUMBER: ENVIRONMENTAL ASSESSMENT 2021-0010 APPLICANT: CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California did, on February 15, 2022, hold a duly noticed Public Hearing to consider Environmental Assessment 2021-0010 for the 2022-2029 Housing Element Update and updates to 2035 General Plan Chapter IV, Environmental Hazards (Safety Element), as mandated by State law; and WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on February 4, 2022, as prescribed by the Municipal Code; and WHEREAS, the Planning Commission of the City of La Quinta, California did, on January 11 and January 25, 2022, hold duly noticed Public Hearings and after review and consideration of this item, and hearing all public testimony, adopt Planning Commission Resolution 2022-002 and recommended adoption of said Environmental Assessment; and WHEREAS, the Design and Development Department prepared an Initial Study and found that the proposed amendments to the General Plan will have a less than significant impact on the environment, and a Negative Declaration has been prepared; and WHEREAS, the City published a Notice of Intent to Adopt a Negative Declaration, and provided a public comment period for said Initial Study from October 28 to November 16, 2021; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did make the following findings to justify approval of Environmental Assessment 2021-0010: 260 Resolution No. 2022 - Environmental Assessment 2021-0010; Housing and Safety Element Updates Adopted: Page 2 of 3 1. Environmental Assessment 2021-0010 has been prepared and processed in compliance with the State CEQA Guidelines and the City’s implementation procedures. 2. The General Plan Amendment does not have the potential to degrade the quality of the environment, have an adverse effect on wildlife, achieve short term environmental goals to the disadvantage of long term environmental goals, or cumulatively result in significant impacts to the environment. 3. The City Council has independently reviewed and considered the information contained in the Environmental Assessment and finds that it adequately describes and addresses the environmental effects of the project. 4. Based on the entire record of proceedings for this project, the City Council finds that the project will have no significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the Findings of the City Council in this case. SECTION 2. That it does hereby adopt a Negative Declaration for Environmental Assessment 2021-0010, prepared for General Plan Amendment 2020-0001, for the 2022-2029 Housing Element Update and updates to 2035 General Plan Chapter IV, Environmental Hazards as listed in the enclosed Exhibit A, incorporated herewith by this reference. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council held on this 15th day of February, 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 261 Resolution No. 2022 - Environmental Assessment 2021-0010; Housing and Safety Element Updates Adopted: Page 3 of 3 ____________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: ________________________ MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: ____________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 262 CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, CA 92253 Phone: (760) 777-7000 ENVIRONMENTAL INITIAL STUDY Project Title: La Quinta Housing and Safety Element Updates Case No: GPA 2020-0001 Lead Agency: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7000 Applicant: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7000 Contact Person: Cheri Flores Planning Manager City of La Quinta (760) 777-7069 Project Location: City-wide General Plan Designation: All Zoning: All Surrounding Land Uses: Not applicable. The Housing and Safety Elements apply to all lands throughout the City. Project Description: Housing Element Update The Housing Element is one of the required Elements of the General Plan. It characterizes demographics of the City population and existing housing stock, and analyzes the future needs for housing in the City, with a focus on affordable housing and housing for special needs households, including seniors, disabled persons (including developmental disabilities), large families, single parent households and the homeless. It also provides the City’s policy makers with Goals, Policies and Programs intended to facilitate the development and preservation of adequate housing supply to meet these needs. The State has established a mandatory update schedule for Housing Elements, every eight years. This Update addresses the planning period from 2021 to 2029. During this cycle, the City has been allocated the following housing units under the Regional Housing Needs Allocation (RHNA) developed by the Southern California Association of Governments (SCAG): RESOLUTION NO. 2022-XXX EXHIBIT A ADOPTED: 263 La Quinta Housing & Safety Element Updates October 2021 2 Table 1 Regional Housing Needs Allocation, 2021–2029 Type of Housing Very Low1 Low Moderate Above Moderate Total New Units 420 269 297 544 1,530 1 Note that the Very Low category consists of 50% extremely low income units (210) and 50% very low income units (210). This Update consists primarily of statistical updates (particularly relating to updating the 2010 Census and American Community Survey information in the Element to 2018 American Community Survey information), and reassessing housing needs based on these changes in demographics. Compared to the previous Housing Element, some sites have been added or removed from the vacant land inventory identified for future housing development. However, all sites in the inventory would be developed according to their General Plan and zoning designations. The Affordable Housing Overlay (AHO) will be applied to all identified inventory sites, with a density of up to 30 units per acre. The sites inventory is provided in Table 2, as is the map of available sites. Table 2 Vacant Land Inventory Map Key APN Acres Existing GP Existing Zoning Projected Density Projected Yield Very Low, Low and Moderate Income Sites 1 646-070-016 13.84 MHDR RMH (AHO) 20 280 2 770-156-007, 770- 156-010, 770-181- 009 0.98 VC VC 14 14 3 (City Owned) 773-078-005, 773- 078-006, 773-078- 007, 773-078-016, 773-078-017, 773- 078-034 1.68 MC/VC MC/VC 14 8 7 604-032-042 1.88 MHDR RMH 12 22 8 (City Owned) 600-030-010, 600- 030-012, 600-030- 024 2.72 MHDR RMH 19 52 9 600-390-024 15.14 CG CP/CR 18 273 10* 600-080-001, 600- 080-002, 600-080- 003, 600-080-004, 600-080-005, 600- 080-006, 600-080- 007, 600-080-008, 600-080-009, 600- 080-041 4.13 MHDR RM 10 42 11 643-020-025 4.81 CG CR 26 126 12* 600-340-050, 600- 340-051 17.47 MHDR RM 8 140 264 La Quinta Housing & Safety Element Updates October 2021 3 Table 2 Vacant Land Inventory Map Key APN Acres Existing GP Existing Zoning Projected Density Projected Yield 13 (City Owned) 600-020-057 6.42 CG CR 18 116 Total Very Low, Low and Moderate Income Sites 1,072 *Moderate income site Above Moderate Income Sites Acres Existing GP Existing Zoning Projected Density Projected Yield 15 Various 40.76 LDR/OS- R RVL/PR 3 90 16 Various 37.43 LDR RL/PR 3 60 17 Various 29.56 LDR RL 3 94 18 Various 20.72 LDR RL 3 57 19 Various 33.07 LDR RL 3 85 20 Various 28.76 LDR RL 3 70 Total Above Moderate Sites 456 Total All Sites 1,528 265 La Quinta Housing & Safety Element Updates October 2021 4 266 La Quinta Housing & Safety Element Updates October 2021 5 This Update does not propose any significant change in policy; all changes in policy reflect the changes to the inventory and changes in state laws. Most recently in 2017, a series of bills with updates to Housing Element law (Cal. Gov. Code, § 65000 et seq.) were passed to address the state-wide housing crisis. For example, Assembly Bill (AB) 686 (stats. 2018, ch. 958) requires that all housing elements due on or after January 1, 2021 must contain an Assessment of Fair Housing (AFH) consistent with the core elements of the analysis required by the federal Affirmatively Furthering Fair Housing (AFFH) Final Rule (2015). The Housing Element Update addresses the AFFH requirement by analyzing potential patterns of segregation and equal access to opportunity. The proposed policies aim to promote housing development and conservation of existing units for all segments of the City population, through incentivizing lot consolidation, fostering collaboration with local organizations and other government agencies, and providing adequate information and support on fair housing implementation. Safety Element Update The Safety Element is updated along with the Housing Element as required by state law. As required by Government Code § 65302, with this update of the Housing Element, the City must also address updates to fire and flood hazard management. The Safety Element Update includes a Flood Hazard Zones Map (Exhibit IV-6) which reflects the current FEMA flood zones, and a Fire Hazard Severity Zones Map (Exhibit IV-7) which provides the current fire hazard mapping by CalFire. The Safety Element also addressed climate change impacts and adaptation, including its interaction with fire, flood, drought, and extreme heat hazards. The Update addressed emergency preparedness at local and regional levels with reference to the City’s and County’s Local Hazard Mitigation Plans. Project Location and Limits: City of La Quinta (Exhibit 1) Township 5 South & 6 South, Range 6 East BM Township 5 South & 6 South, Range 7 East BM Other Required Public Agency Approvals: None. 267 PACIFIC OCEAN CALIFORNIA • DeNrt Hot Springs .,. _.P.li!'ff Sptlno-C.the<Jtlll City • --- .. - Rat'IChoMir99& Palm DMert lndlo s.o Indian Wells A � ..:;:-::-... La�Q.iilii taA -".. ---• .. RIVERSIDE COUNTY Pl.ANNING & AE.SeAAcH, IN¢. Regional Location Map La Quinta, California - E,l ---- Q 268 La Quinta Housing & Safety Element Updates October 2021 7 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agriculture and Forestry Resources Air Quality Biological Resources Cultural Resources Energy Geology /Soils Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology / Water Quality Land Use / Planning Mineral Resources Noise Population / Housing Public Services Recreation Transportation Tribal Cultural Resources Utilities / Service Systems Wildfire Mandatory Findings of Significance 269 La Quinta Housing & Safety Element Updates October 2021 8 DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: X I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature October 26, 2021 Date 270 La Quinta Housing & Safety Element Updates October 2021 9 EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on- site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance. 271 La Quinta Housing & Safety Element Updates October 2021 10 I. AESTHETICS -- Except as provided in Public Resources Code Section 21099, would the project: Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact a) Have a substantial adverse effect on a scenic vista? X b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? X c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? X d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? X Sources: La Quinta 2035 General Plan; La Quinta Municipal Code. Setting The City of La Quinta is located in the central Coachella Valley, which is a desert valley that extends approximately 45 miles in Riverside County, southeast from the San Bernardino Mountains to the northern shore of the Salton Sea. The Santa Rosa Mountains border the City on the south and southwest, forming a dramatic backdrop to the City’s western boundary. The foothills of the Santa Rosa Mountains extend to the south-central portion of the City, known as the Coral Mountains. The Coral Mountains rise about 1,000 feet above sea level, and as their name implies, they look like giant coral reefs springing up from the valley floor. The Cove area of the City is situated within the Coral Mountains. Other mountains providing a visual resource for La Quinta include the San Bernardino Mountains to the northwest, Little San Bernardino Mountains to the north, and the Indio Hills to the northeast and east below the Little San Bernardino Mountains. Discussion a-d) No Impact. The Housing and Safety Element Updates will have no impact on aesthetics, scenic vista or light and glare. Future housing projects, as they are proposed, will be subject to City review for project design including architecture and landscaping and environmental review under CEQA for potential impacts on the environment including aesthetics. The City’s General Plan and Municipal Code set building height limits and do not allow large or bulky structures that 272 La Quinta Housing & Safety Element Updates October 2021 11 may block scenic vistas. Future housing projects facilitated by this Update will be developed in accordance with applicable zoning and other regulations on scenic quality, and this Update proposes no change to these regulations. There are no state designated scenic highways in the City. The General Plan designates City Image Corridors, and the Municipal Code includes provisions such as setback and building height for development along the Image Corridors to protect scenic resources (Section 9.50.020). Future development will be subject to Section 9.100.150 (Outdoor Lighting) and other applicable sections of the Municipal Code, including parking lot lighting photometric standards. The plan check process includes detailed review of landscape and lighting plans, which will prevent significant impacts from light and glare. Mitigation Measures: None required Monitoring: None required 273 La Quinta Housing & Safety Element Updates October 2021 12 II. AGRICULTURE AND FORESTRY RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? X c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? X d) Result in the loss of forest land or conversion of forest land to non-forest use? X e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? X Sources: La Quinta 2035 General Plan; Draft Environmental Impact Report for the City of La Quinta General Plan, July 2012; City of La Quinta Official Zoning Map, July 2016; Important Farmland: 1984-2018, California Department of Conservation. 274 La Quinta Housing & Safety Element Updates October 2021 13 Setting In the City of La Quinta, agriculture has been an important factor in local history and in its economy. Although most farms within the incorporated regions of La Quinta no longer exist, agriculture is still an economic factor east of the City. According to the most recent California Important Farmlands mapping (2018), most of the City is mapped as urban and built-up land. There are some parcels mapped as Prime Farmland and Farmland of Local Importance within the City, at its southern boundary. No Williamson Act lands occur within the City. The City’s General Plan and Zoning Ordinance specify limited permitted agricultural uses. The Low Density Agriculture/Equestrian Residential Overlay covers a quarter section of land at the southwest corner of Ave 52 and Monroe St, a small triangular area north of Ave 62 near Madison St and is applied over the entire Sphere of Influence area as this area is more rural in nature. The City’s General Plan does not include Forestry or Forest Production designations, nor does the City have zones for these uses. The City sits on the desert floor and the foothills of Santa Rosa Mountains, and no forestry or forest production lands occur in the desert climate. Discussion a-e) No Impact. The Housing and Safety Element Updates are policy documents, and in and by themselves will not impact any agricultural land. One of the sites (Site 16) in the vacant land inventory identified for housing development occurs on Farmland of Local Importance. However, the site has been designated for urban uses (residential development) and out of agricultural production for some time. Given the limited area compared to important farmland in Riverside County, the General Plan EIR concluded that no significant impact would occur on agriculture in the region. The Housing Element Update proposes no changes to the land use designations and would have no impact on loss or conversion of farmland. Because there are no Williamson Act contract lands in the City, no impact would occur regarding conflict with zoning or any such contract. Given the absence of forest land, timberland or timberland zoned for timberland production in the City, the Housing Element would not rezone forest land or timberland as defined by the Public Resources Code and Government Code. There will be no loss of forest land or conversion of forest land to non-forest use. This Update to the Housing and Safety Elements of the General Plan will not impact any agricultural or forest land, nor would it result in the conversion of such land to non- agricultural or non-forest uses. Mitigation Measures: None required Monitoring: None required 275 La Quinta Housing & Safety Element Updates October 2021 14 III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project: Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact a) Conflict with or obstruct implementation of the applicable air quality plan? X b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard? X c) Expose sensitive receptors to substantial pollutant concentrations? X d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? X Source: 2035 La Quinta General Plan; “Final 2016 Air Quality Management Plan,” prepared by South Coast Air Quality Management District, March 2017; “Final Localized Significance Threshold Methodology,” prepared by the South Coast Air Quality Management District, Revised, July 2008; “2003 Coachella Valley PM10 State Implementation Plan,” August 1, 2003. Setting The City of La Quinta is located within the Salton Sea Air Basin (SSAB), which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The SCAQMD is one of the 35 air quality regulatory agencies in the State of California, and all development within the SSAB is subject to SCAQMD’s 2016 Air Quality Management Plan and the 2003 Coachella Valley PM10 State Implementation Plan. The SCAQMD operates and maintains regional air quality monitoring stations at numerous locations throughout its jurisdiction. The Project site is located within Source Receptor Area (SRA) 30 (Coachella Valley), which includes monitoring stations in Palm Springs, Indio and Mecca. Criteria air pollutants are contaminants for which state and federal air quality standards (California Ambient Air Quality Standards (CAAQS) and National Ambient Air Quality Standards (NAAQS)) have been established. The SSAB exceeds state and federal standards for fugitive dust (PM10) and ozone (O3). Health risks associated with PM10 and ozone pollution include respiratory issues such as coughing, wheezing, asthma and even high blood pressure. Ambient air quality in the SSAB, including the City of La Quinta, does not exceed state or federal standards for carbon monoxide, nitrogen dioxides, sulfur dioxide, lead, sulfates, hydrogen sulfide, or Vinyl Chloride. In order to achieve attainment for PM10 in the region, the 2003 Coachella Valley PM10 Management Plan was adopted, which established strict standards for dust management for development proposals. 276 La Quinta Housing & Safety Element Updates October 2021 15 Discussion a-d) No Impact. The Housing and Safety Element Updates will have no impact on air quality. The Updates are to the General Plan, a policy document, and will not generate any construction or development. The Safety Element Update addresses new information on flooding and fire hazards, as well as climate resilience, which will not result in air emissions. The sites identified for future housing will be developed according to densities allowed by the La Quinta General Plan, which was used to develop population forecasts in the 2016-2040 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS). The RTP/SCS serves as the basis of land use and transportation controls of the 2016 AQMP. Because the proposed Update is consistent with the RTP/SCS, it is considered consistent with the AQMP. As future housing development is proposed, the City will undertake CEQA review on an individual project level and assess potential impacts on air quality for each project, including emissions of criteria pollutants, pollutant concentrations near sensitive receptors, and emissions of odors. All future projects will be required to comply with SCAQMD rules and City requirements for construction related activities in accordance with the 2016 AQMP and 2003 SIP. Typical measures include, but are not limited to, the implementation of fugitive dust control measures (SCAQMD Rule 403.1, Municipal Code Chapter 6.16) and the use of low VOC content coatings (SCAQMD Rule 1113). The City’s General Plan Policy AQ-1.4 calls for protection of sensitive receptors from pollution through siting polluters away from sensitive receptors including residential development. The Housing Element will facilitate development and renovation of residential units, which typically do not emit odors that would adversely affect a substantial number of people. Mitigation measures will be implemented as necessary in compliance with SCAQMD rules and City requirements. Mitigation Measures: None required Monitoring: None required 277 La Quinta Housing & Safety Element Updates October 2021 16 IV. BIOLOGICAL RESOURCES -- Would the project: Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? X b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? X c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? X d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? X e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? X f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? X Sources: La Quinta 2035 General Plan; Draft Environmental Impact Report for the City of La Quinta General Plan, July 2012; Coachella Valley MSHCP; La Quinta Municipal Code. Setting The Coachella Valley is located within the Sonoran Desert, a subdivision of the Colorado Desert. The Sonoran Desert hosts a wide range of biological resources that are highly specialized and endemic to the region. The City of La Quinta is within the boundaries of and a permittee under the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP).1 The CVMSHCP is a comprehensive regional plan that balances growth in the Coachella Valley with the requirements 1 Recirculated Final Coachella Valley Multiple Species Habitat Conservation Plan; Figure 8-3. 278 La Quinta Housing & Safety Element Updates October 2021 17 of federal and state endangered species laws. The Santa Rosa and San Jacinto Mountains Conservation Area, designated by the CVMSHCP, extends into the City in its south and west portions, which are the foothills of Santa Rosa Mountains. Discussion a-f) No Impact. The Housing and Safety Element Updates are policy documents and will have no impact on biological resources. The sites identified for future housing development are not located within or adjacent to the Santa Rosa and San Jacinto Mountains Conservation Area, or any other Conservation Area designated in the Plan. This Update will not facilitate development beyond what is currently allowed under the General Plan. There are many washes and streambeds in La Quinta. As future housing projects are proposed, the City will require site-specific biological studies, when appropriate, during the CEQA process. The project-level studies will determine the presence of jurisdictional waters and riparian habitats, and the necessary permits and mitigation. Most future housing sites are infill sites in an urban setting and have very limited potential to serve as wildlife corridors or nursery sites. The project-level biological studies will identify any potential impacts on, and provide mitigation for wildlife corridors, nursery sites, and habitats and species protected under the CVMSHCP and Migratory Bird Treaty Act (MBTA). The City may also require such studies for species not covered by the CVMSHCP (General Plan Policy BIO-1.2). This Update will not conflict with any policies or ordinances that protect biological species, or any habitat conservation plans or natural community conservation plans. Mitigation Measures: None required Monitoring: None required 279 La Quinta Housing & Safety Element Updates October 2021 18 V. CULTURAL RESOURCES -- Would the project: Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact a) Cause a substantial adverse change in the significance of a historical resource pursuant to § 15064.5? X b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to '15064.5? X c) Disturb any human remains, including those interred outside of formal cemeteries? X Sources: La Quinta 2035 General Plan; Draft Environmental Impact Report for the City of La Quinta General Plan, July 2012. Setting Native Americans, namely the Cahuilla people, occupied lands throughout the Coachella Valley approximately 8,000 to 12,000 years ago. The Cahuilla Indians were a Takic-speaking people consisting of hunters and gatherers. Among this tribe were separate groups including the Pass Cahuilla, who occupied the modern day San Gorgonio Pass and Palm Springs area, the Mountain Cahuilla, who occupied the San Jacinto and the Santa Rosa Mountains, and the Desert Cahuilla, who occupied the eastern Coachella Valley, which includes modern day La Quinta. The Coachella Valley saw the first noted European explorations in the 1820’s. By the 1870’s non- native settlements began to occur across the Coachella Valley, as new federal laws opened lands for new settlers. The discovery of underground water sources began to increase farming activities throughout the valley in the early 20th century. Tourism reached La Quinta and the Coachella Valley in the 1920’s. The City of La Quinta conducted two city-wide Historical Resources Surveys, which occurred in 1996–1997 and 2006; these two studies were updated in 2010 as part of the General Plan Update. In the City and Sphere of Influence (SOI), approximately 280 buildings and other built features have been identified as having the potential to be historically significant. Portions of the City are located within the ancient Lake Cahuilla, and approximately 500 archaeological sites, both historic and prehistoric, and approximately 170 isolates (localities with fewer than three artifacts) have been discovered in the City and SOI. Discussion a-c) No Impact. The adoption of the Housing and Safety Element Updates will not interfere with protection or significance of any cultural resources. The Safety Element Update addresses new mapping and policy relating to flooding and fire hazards, and will not result in any construction which might disturb cultural resources. 280 La Quinta Housing & Safety Element Updates October 2021 19 As future housing projects are proposed, the City will require site-specific cultural resource surveys to assess potential impacts to historical resources, and provide mitigation to reduce impacts to less than significant levels. The sites identified for housing in the Housing Element Update are vacant, and unlikely to contain historic resources. Prehistoric resources on these sites, if any, will be assessed as development is proposed and the City completes cultural resource studies for these sites as part of the CEQA process. The City will also consult with interested tribes on potential cultural resources pursuant to AB 52 (stats. 2014, ch. 532) and/or Senate Bill (SB) 18 (stats. 2004, ch. 905), as it did for this Update (please see Tribal Cultural Resources, below). While Native American burial sites have been uncovered in the City, the site-specific studies and necessary mitigation measures will help reduce potential impacts regarding human remains or Tribal resources. In addition, should any previously unidentified or unanticipated human remains be discovered during project development, state law requires that all activity stop, that the coroner be notified to determine the nature of the remains and whether Native American consultation is needed. This requirement of law assures no impact would occur to cemeteries or human remains. Mitigation Measures: None required Monitoring: None required 281 La Quinta Housing & Safety Element Updates October 2021 20 VI. ENERGY -- Would the project: Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? X b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? X Sources: La Quinta 2035 General Plan; La Quinta Greenhouse Gas Reduction Plan (2013). Setting Energy sources include nuclear energy, fossil fuels (e.g., oil, coal and natural gas) and renewable sources (e.g., wind, solar, geothermal and hydropower). Electrical service to the City is provided by Imperial Irrigation District (IID). Natural gas service to the City is provided by the Southern California Gas Company (SoCalGas). Both IID and SoCalGas provide assistance and incentive programs to help conserve energy. The City of La Quinta Greenhouse Gas Reduction Plan (2012) includes measures to promote energy efficiency and local generation of renewable energy. Such measures include expanding rooftop solar systems citywide, encouraging energy efficiency upgrades and retrofits of existing buildings, and providing information to residents and businesses on programs, incentives and rebates for retrofitting. Discussion a, b) No Impact. The Housing and Safety Elements are policy documents, and their updates will have no impact on the consumption of energy resources or state or local plans for renewable energy or energy efficiency. The proposed Housing Element contains goals, policies and programs to promote energy conservation, such as LEED and Green Building certifications and programs offered by utility companies. Construction and rehabilitation of housing, as they are proposed in the future, will be required to meet the requirements in the California Green Building Standards Code (California Building Code Title 24 (CBC)) to ensure wise and efficient use of energy sources. New residential development will be constructed zero-net-energy (ZNE) per the 2019 CBC. Future housing developments would result in the consumption of petroleum-based fuels related to vehicular travel. While future housing projects have the potential to increase the overall City vehicle miles traveled (VMTs), the proposed Update will not interfere with improved fuel efficiency standards and will not result in wasteful, inefficient, or unnecessary consumption of transportation energy resources. The Safety Element Update consists of mapping and policy relating to fire and flooding hazards, which will have no impact on energy consumption. 282 La Quinta Housing & Safety Element Updates October 2021 21 The proposed Updates will not conflict with current energy standards and conservation goals laid out in the City’s Greenhouse Gas Reduction Plan (2013). Overall, no impact is anticipated. Mitigation Measures: None required Monitoring: None required 283 La Quinta Housing & Safety Element Updates October 2021 22 VII. GEOLOGY AND SOILS -- Would the project: Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? X ii) Strong seismic ground shaking? X iii) Seismic-related ground failure, including liquefaction? X iv) Landslides? X b) Result in substantial soil erosion or the loss of topsoil? X c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? X d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? X e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? X f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X Sources: La Quinta 2035 General Plan; Draft Environmental Impact Report for the City of La Quinta General Plan, July 2012. Setting The City is located in the central portion of the Coachella Valley, which is the northwestern extension of the Salton Trough, a tectonic depression formed by regional faulting. The Salton Trough is roughly 130 miles long and 70 miles wide and extends from the San Gorgonio Pass to the Gulf of Mexico. 284 La Quinta Housing & Safety Element Updates October 2021 23 Regional soils range from rocky outcrops within the mountains bordering the valley, to coarse gravels of mountain canyons and recently laid fine- and medium-grained alluvial (stream- deposited) and aeolian (wind-deposited) sediments on the central valley floor. Sediments from the surrounding mountains are carried into and across the valley through seasonal streams. The Whitewater River is the primary natural drainage for the valley and generally flows northwest to southeast. It is channelized in most of the valley, including the City (Coachella Valley Stormwater Channel). Episodic flooding of major regional drainages and strong, sustained winds channeled through the San Gorgonio Pass result in the deposition of sand and gravel on the valley floor. Discussion a-f) No Impact. The adoption of the Housing and Safety Element Updates will have no impact on geology and soils. The Safety Element Update includes additions relating to fire and flood hazards, and these additions will have no impact on geologic, soil, or paleontological resources, as they will not result in any development. There are no Alquist Priolo fault zones in the City, and there will be no impact on fault rupture. However, the many active faults in the region, including the San Andreas Fault Zone, have the capability of generating up to a magnitude 8.0 earthquake on the Richter scale. The City enforces the latest California Building Code (2019 CBC) and Uniform Building Code including seismic design and earthquake hazard reduction in existing buildings (Municipal Code Chapters 8.02 & 8.12). For future housing projects and rehabilitation, earthquake-resistant construction and hazard reduction methods prescribed by the Building Codes will be implemented to minimize potential structural damage. Several sites identified in the Housing Element Update (#16-20) for future housing development are located in the moderate or high liquefaction susceptibility areas identified in the General Plan (Exhibit IV-3). The City requires site-specific studies for any development proposed in the areas identified to be susceptible to liquefaction. The General Plan also mapped areas subject to earthquake-induced slope instability (Exhibit IV-3). Development is generally very limited in these areas. Ground subsidence is considered a regional hazard in the Coachella Valley, and is being addressed through water management programs by CVWD. Ground subsidence has not been identified on any of the housing inventory sites. Future housing projects may result in soil erosion primarily during construction. A dust management plan will be part of the standard requirements imposed through conditions of approval to minimize fugitive dust generated during the building process (Chapter 6.16, LQMC). Grading and construction would occur in accordance with erosion control requirements imposed by the City pursuant to grading permit regulations. These requirements will minimize potential impacts on soil erosion. 285 La Quinta Housing & Safety Element Updates October 2021 24 Soils in various portions of the City are comprised of alluvial and aeolian sediments, which are prone to collapse and/or hydroconsolidation. For future housing projects, the City requires site- specific geotechnical studies for areas where these soils are present to analyze potential risks and provide specific engineering recommendations. The lacustrine deposits associated with ancient Lake Cahuilla underlying much of the City contain varying amounts of clay and silt, which may be expansive. Site-specific geotechnical studies will be required to guide appropriate site design and engineering techniques to mitigate the expansive soil hazard. New development in the City will be required to connect to sanitary sewer services provided by the CVWD. No impacts associated with septic tanks are expected. The eastern half of the City is designated as high paleontologic sensitivity in the General Plan (Exhibit III-4). The City requires new development projects proposed for areas of high sensitivity for paleontological resources to prepare paleontological resource surveys during the entitlement process and a paleontological monitor during earth moving activities. These requirements will minimize potential impacts to paleontological resources. Mitigation Measures: None required Monitoring: None required 286 La Quinta Housing & Safety Element Updates October 2021 25 VIII. GREENHOUSE GAS EMISSIONS -- Would the project: Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? X b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? X Sources: La Quinta 2035 General Plan; La Quinta Greenhouse Gas Reduction Plan (2013). Setting Certain gases in the earth’s atmosphere, classified as greenhouse gases (GHGs), play a critical role in determining the earth’s surface temperature. Prominent GHGs contributing to the greenhouse effect are carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), and fluorinated compounds. Sources of GHGs include both natural and anthropogenic (human-caused) processes. Anthropogenic emissions of these GHGs in excess of natural ambient concentrations are responsible for intensifying the greenhouse effect and have led to a trend of unnatural warming of the earth’s climate, known as global climate change or global warming. State laws, such as AB 32 (stats. 2006, ch. 488) and SB 32 (stats. 2016, ch. 249), require all cities to reduce greenhouse gas emissions to 1990 levels by the year 2020. SB 32 is the extension of AB 32 which requires the state to reduce greenhouse gas emissions to 40 percent below 1990 levels by 2030. To protect air quality locally and contribute to the State mandate to reduce air quality emissions, the City of La Quinta has adopted a Greenhouse Gas Reduction Plan (2013) that is consistent with the goals of AB 32 and S-3-05, which calls for a statewide GHG emission reduction to 80% below 1990 levels by 2050. Discussion a, b) No Impact. The Housing and Safety Element Updates are policy documents and will have no impact on greenhouse gas emissions, as they will not generate any construction or development. The Housing Element identifies local programs offered by the City and utility providers that help reduce GHG emissions, as well as policies and programs to support energy conservation, thereby reducing project-level GHG emissions. The City’s Greenhouse Gas Reduction Plan (2013) provided reduction goals and specific measures for municipal and community wide activities; those applicable to housing development and rehabilitation include energy efficiency upgrades, waste reduction and use of energy efficient appliances and fixtures. As future housing projects are proposed, the City will undertake CEQA review, and assess potential impacts for each project on greenhouse gas emissions using the tiered GHG thresholds established by SCAQMD. 287 La Quinta Housing & Safety Element Updates October 2021 26 The Safety Element Update affects mapping and policy relating to flooding and fire hazards, which will not have any effect on GHG emissions. Mitigation Measures: None required Monitoring: None required 288 La Quinta Housing & Safety Element Updates October 2021 27 IX. HAZARDS AND HAZARDOUS MATERIALS --Would the project: Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? X b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? X d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? X e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? X f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? X g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? X Sources: La Quinta 2035 General Plan; California Department of Toxic Substances Control “EnviroStor” Database, accessed April 2021; State Water Resources Control Board, GeoTracker, accessed April 2021; Riverside County Airport Land Use Compatibility Plan Policy Document, adopted December 2004. 289 La Quinta Housing & Safety Element Updates October 2021 28 Setting A hazardous material is defined as a substance or combination of substances which may either (1) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or (2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. The proper management of hazardous materials is a common concern for all communities. Since the 1970s, governments at the federal, state, and local levels became increasingly concerned about the effects of hazardous materials on human health and the environment. Numerous laws and regulations were developed to investigate and mitigate these effects. As a result, the storage, use, generation, transport, and disposal of hazardous materials are highly regulated by federal, state, and local laws and regulations. Discussion a-g) No Impact. The adoption of the Housing and Safety Element Updates will not impact hazards or hazardous materials. The mapping of flood zones and fire hazard areas in the Safety Element will aid the City and future developers in determining how best to protect their properties from these hazards. Future housing development will be required to consider potential impacts as part of the CEQA process, though the potential impacts are likely to be negligible, as housing development does not generate significant use, storage or transport of hazardous materials. There are many schools throughout the City, and some are near lands designated for housing. However, as noted, housing development typically generates minimal hazardous materials which are under stringent County, state and federal regulations. The sites identified for affordable housing or housing in general are not identified by the state as having or previously having had hazardous materials issues. The nearest airport to the City is Bermuda Dunes Airport, located approximately 0.61 miles north of the City at its closest point. Sites #7, 8, 10 are located within Zone E per the Bermuda Dunes Airport Compatibility Map, and residential uses are generally compatible uses within Zone E. No other sites are located within the airport land use compatibility plan, and none of the sites are located within or near any noise contours of the airport. Implementation of the Airport Land Use Compatibility Plan and General Plan Safety Element would minimize potential impacts to residential development by ensuring land use compatibility and locating residential uses at a safe distance from the airport. The Jaqueline Cochran Regional Airport is located in the Sphere of Influence, but is 3.5 miles east of the existing City limits and the closest identified sites for above moderate income households (sites 15, 16 and 17). These sites are well outside the airport’s influence area, and will not be impacted by the airport. Housing developments are expected to occur primarily on infill sites and on the City’s developed street system. The City has established emergency evacuation routes for neighborhoods and is improving roadways that cross the Coachella Valley Stormwater Channel to provide all-weather crossings. The site plans and emergency access for future housing projects will be subject to 290 La Quinta Housing & Safety Element Updates October 2021 29 approval by the Fire and Police Departments to ensure adequate emergency access. No impact to emergency access or evacuation routes is anticipated. The Safety Element Update refers to the City’s Local Hazard Mitigation Plan (LHMP) updated in 2017 and Riverside County Multi- Jurisdictional LHMP approved by FEMA and adopted in 2018, which provide guidance on hazard mitigation and emergency response in and around the City, and support safe evacuation efforts during an emergency. The Safety Element Update contains the current fire hazard mapping by the California Department of Forestry and Fire Protection (CalFire). According to CalFire, there are no state responsibility areas or any very high fire hazard severity zones in the City. The sites identified for future housing are not located adjacent to any fire hazard zone. Future housing projects will also be subject to applicable fire codes and Fire Department review and inspection. This Update will not expose people or structures to a significant risk associated with wildfire hazards. Mitigation Measures: None required Monitoring: None required 291 La Quinta Housing & Safety Element Updates October 2021 30 X. HYDROLOGY AND WATER QUALITY -- Would the project: Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? X b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? X c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: (i) result in substantial erosion or siltation on- or off-site; X (ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site; X (iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or X (iv) impede or redirect flood flows? X (d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? X (e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? X Sources: La Quinta 2035 General Plan. 292 La Quinta Housing & Safety Element Updates October 2021 31 Setting La Quinta is located in the Coachella Valley, where rainfall on the valley floor averages 3 inches annually and 5 to 6 inches in the foothills. Several watersheds drain the adjoining elevated terrain of the San Jacinto and Santa Rosa Mountains towards the valley floor. Most rainfall occurs during the cooler months of November through March, but occasional high-intensity thunderstorms and tropical storms occur in late summer and early fall. Summer storms pose a greater threat of localized flooding than winter storms because of their high intensity and short duration. The City implements standard requirements for the retention of storm flows and participates in the National Pollution Discharge Elimination System (NPDES) to protect surface waters from pollution. The Coachella Valley Water District (CVWD) provides domestic water and sewer services to the City of La Quinta. CVWD’s primary water source is groundwater extracted through a system of wells located throughout the City and region. In addition to groundwater, CVWD relies on imported water brought to the region by regional canals. CVWD also maintains water storage tanks throughout its service area, including ten existing or planned tanks in the City and its Sphere, with capacities ranging from 250,000 to 10 million gallons. CVWD is responsible, under the California Water Code, for analyzing its current and future water supply, and assuring that sufficient supply is available to serve land uses within their service area, through the preparation of an Urban Water Management Plan (UWMP). CVWD is required to periodically update the Plan. CVWD has two wastewater treatment plants serving the City, Water Reclamation Plant 7 (WRP- 7) located at Madison Street and Avenue 38 and the Mid-Valley Water Reclamation Plant (WRP- 4) located on Filmore Street in Thermal. For all land in the City located south of Miles Avenue, sewage is treated at WRP-4, which has a capacity of 9.9 million gallons per day. There is currently excess capacity at WRP-4. WRP-4 does not include tertiary treatment facilities; however, plans are underway to extend the tertiary-treated water delivery system to other areas in the valley. CVWD also implements the requirements of the Regional Water Quality Control Board pertaining to domestic water quality and wastewater discharge. Discussion a-e) No Impact. The adoption of the Housing and Safety Element Updates will have no impact on hydrology and water quality. The City and CVWD implement water quality standards and waste discharge requirements to prevent contamination of water sources during construction and operation. Future housing developments will be reviewed under CEQA to assure that they meet these standards. CVWD has prepared an Urban Water Management Plan 2015 Update, which is a long-term planning document that helps CVWD plan for current and future water demands. The Plan demonstrates that CVWD has available, or can supply in the future, sufficient and reliable water supplies to serve future development in the City. The proposed housing sites are expected to develop under the designations by the City’s 2035 General Plan; therefore, the water demand is addressed in the UWMP. The Housing and Safety Elements Updates will not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. 293 La Quinta Housing & Safety Element Updates October 2021 32 The City requires all new development and/or redevelopment projects equal to or greater than one acre to prepare and submit a Preliminary Water Quality Management Plan (WQMP) to the City Engineer for approval, and implement Best Management Practices (BMPs) included in the WQMP, as required by the City’s NPDES implementation agreement (Municipal Code Chapter 8.70). A minimum requirement for drainage facilities of containing a 100-year storm event is included in the City’s standards (Municipal Code Section 13.24.120). These standard requirements will be enforced during project entitlement and environmental review processes and will ensure that future housing projects do not cause significant impacts related to drainage patterns due to siltation, polluted runoff and flooding. The City is located inland and is not subject to tsunamis. The Safety Element updates the FEMA flood hazard zones map (Exhibit IV-6). According to FEMA’s Flood Insurance Rate Maps, housing sites in the City are not located in the 100-year special flood hazard areas. Areas of potential flooding are limited to the Coachella Valley Stormwater Channel, La Quinta Evacuation Channel, creeks near the foothills, and the nearby alluvial fans. The General Plan Safety Element provides policies and programs to minimize potential impacts regarding flooding and calls for cooperation with CVWD to minimize the potential for inundation from levee or water tank failure. The applicable standard requirements, as well as project-level hydrology studies, will serve to minimize potential impacts on water resources. Mitigation Measures: None required Monitoring: None required 294 La Quinta Housing & Safety Element Updates October 2021 33 XI. LAND USE AND PLANNING - Would the project: Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact a) Physically divide an established community? X b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? X Sources: La Quinta 2035 General Plan; City of La Quinta Official Zoning Map, July 2016. Setting The City is located in the center of the Coachella Valley, and is largely built out, with the exception of lands in its southern half. The General Plan and Zoning Ordinance allow a broad range of residential product, commercial and institutional facilities, limited light industrial uses and open space. The City of La Quinta has over half (53.3%) its land designated as Open Space, 31.7% as residential lands, and 4.4% as commercial lands. Discussion a-b) No Impact. The adoption of the Housing and Safety Element Updates will have no impact on land use. The updates to the Safety Element will facilitate the safe development of future land uses across the City by implementing updated mapping, data and policy designed to protect public safety. The sites identified for future housing are vacant. Some of the inventory sites for above moderate income households are located within existing communities, but are planned for development to build out these communities, not divide them. Future development of any of the identified sites is not expected to physically divide or impact an established community. All the sites identified in the vacant land inventory allow residential uses, and are expected to be developed under their General Plan and AHO zoning designations. Future housing projects will be subject to the development standards set forth in the zoning ordinance (Municipal Code Title 9) or effective Specific Plans. The Housing Element Update will not conflict with any land use plan, policy, or regulation. No impact would occur. Mitigation Measures: None required Monitoring: None required 295 La Quinta Housing & Safety Element Updates October 2021 34 XII. MINERAL RESOURCES -- Would the project: Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? X b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? X Sources: La Quinta 2035 General Plan; “Mineral Land Classification Map, Aggregate Resources Only, Palm Springs Production-Consumption Region,” California Division of Mines and Geology, 1987. Setting The California Surface Mining and Reclamation Act of 1975 (SMARA) addresses the loss of regionally significant mineral deposits to urban development. The Act requires the Department of Conservation to create Production-Consumption Regions. The City is located in the Palm Springs Production-Consumption Region. This region covers approximately 631 square miles of the Coachella Valley from near Cabazon to Thermal. The City is generally designated as Mineral Resource Zone (MRZ) 3 on the west, and MRZ-1 on the east. MRZ-1 indicates areas where adequate information indicates that no significant mineral deposits are present, or where it is judged that little likelihood exists for their presence. MRZ-3 indicates areas containing known or inferred mineral occurrences of undetermined mineral resource significances. No active mining or extraction sites occur in the City, nor are any proposed or designated for such uses. Discussion a, b) No Impact. The adoption and implementation of the Housing and Safety Element Updates will not result in the loss of availability of a locally or regionally important mineral resource. The flooding and fire hazard mapping and policy in the Safety Element will not affect mineral resources. The sites identified for future housing development are designated for residential uses in the General Plan and on the City Zoning Map, which would not accommodate mineral resource recovery. Mitigation Measures: None required Monitoring: None required 296 La Quinta Housing & Safety Element Updates October 2021 35 XIII. NOISE - Would the project result in: Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact a) Generation of substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? X b) Generation of excessive groundborne vibration or groundborne noise levels? X c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? X Sources: 2035 General Plan Noise Element; La Quinta Municipal Code. Setting The primary source of noise in the City of La Quinta is traffic. Section 9.100.210 of the City’s Municipal Code governs noise control in the City. The current noise standards allow noise levels of 65 dBA from 7 AM to 10 PM, and 50 dBA from 10 PM to 7 AM for noise sensitive uses, including residential units. This standard is more stringent than the CNEL standard and can be modified by City Council. Discussion a-c) No Impact. The Housing and Safety Element Updates represent amendments to policy documents and would not generate construction or development. The updates to flood and fire hazard mapping and policy will not impact noise levels in the City, nor do they have potential to create new sources of noise. As future housing projects are proposed, they will be required to analyze noise issues during the CEQA review and building permit processes. Project-level noise studies may be required by the City to assess impacts from roadway and surrounding development, where necessary. The City may also require acoustical analysis to verify exterior and interior noise standard compliance during building plan check reviews. Should noise levels at future housing sites exceed city standards, mitigation would be required such as noise attenuation walls, setback from roadways, and landscape buffers. Construction of future housing development will create temporary noise and/or vibration sources. Construction noise is exempt from the noise standards set forth in Section 9.100.210 of the Zoning Ordinance; however, it is restricted to certain days of the week and times of day that are considered 297 La Quinta Housing & Safety Element Updates October 2021 36 less sensitive (Municipal Code Section 6.08.050). As noted, under CEQA review, individual projects will need to assess whether their construction will potentially impact surrounding uses and any sensitive receptors. In the long term, housing development will be required to comply with the operational noise levels established in the Zoning Ordinance related to residential property, and are not expected to cause significant impacts on noise and vibration. The nearest airport to the City is Bermuda Dunes Airport, located approximately 0.61 miles north of the City at its closest point. All sites identified for future housing development in the Housing Element are located outside the noise contours of the Bermuda Dunes Airport. The Jaqueline Cochran Regional Airport is located 3.5 east of the City limits, and due to distance will not impact noise levels within the City. No impact will occur regarding exposing people to excessive noise levels. Mitigation Measures: None required Monitoring: None required 298 La Quinta Housing & Safety Element Updates October 2021 37 XIV. POPULATION AND HOUSING – Would the project: Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? X b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? X Source: State of California, Department of Finance, E-5 Population and Housing Estimates for Cities, Counties and the State, January 1, 2021. Setting The City of La Quinta has a population of approximately 41,247 persons, which is expected to grow to 47,700 in 2045.2 Currently, the City is composed of a mix of single-family, multi-family, and mobile home development, but the majority (87.9%) of housing units are single-family homes. Discussion a-b) No Impact. The adoption of the Housing Element Update will have no impact on population and housing. The Element provides goals, policies and programs to facilitate housing development and preserve the existing housing stock, but does not create any immediate need for housing. As population grows in the City, demand for housing will increase and the sites identified for future housing in the vacant land inventory will be developed under the provisions of the General Plan, including the Housing Element and the zoning ordinance. The Housing Element will not induce growth, insofar as the identified sites are located on existing streets, and utilities and public facilities are available in the immediate area. No new road or utility infrastructure is anticipated other than onsite connections. Because the identified sites are vacant, future housing development would not displace any existing housing or require replacement housing elsewhere. No impact will occur. The Safety Element Update consists of additions to fire and flood hazard mapping and discussions of hazard management, and will not result in any development, population or housing. Mitigation Measures: None required Monitoring: None required 2 2020-2045 RTP/SCS Demographics and Growth Forecast by Southern California Association of Governments. 299 La Quinta Housing & Safety Element Updates October 2021 38 XV. PUBLIC SERVICES Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? X Police protection? X Schools? X Parks? X Other public facilities? X Sources: La Quinta 2035 General Plan. Setting Fire Protection The County of Riverside Fire Department (RCFD) provides fire protection to the City of La Quinta on a contract basis. The City of La Quinta has fire stations at three locations throughout the City: 44555 Adams Street north of Highway 111, 78111 Avenue 52 in the Cove area, and 54001 Madison Street in the eastern City. Police Protection The City of La Quinta contracts for police services with the Riverside County Sheriff's Department. There are two Police Department offices that serve the City: Civic Center Community Policing Office located at 78-495 Calle Tampico, and the regional Sheriff’s Station located at 86-625 Airport Boulevard in Thermal. Schools There are two school districts providing public education to students in kindergarten through 12th grade in La Quinta: Desert Sands Unified School District (DSUSD) and Coachella Valley Unified School District (CVUSD). Both districts receive funding from state funds and local property taxes. The districts are authorized to collect school facilities fees as provided for in Government Code Section 53080 et. seq. and 65995 et seq. on a per square foot basis for new residential development. 300 La Quinta Housing & Safety Element Updates October 2021 39 Parks The City of La Quinta currently operates 11 city parks, the Civic Center Campus, and three nature preserve areas. All city parks, with the exception of the Civic Center Campus, provide a children’s playground facility. La Quinta Municipal Code Chapter 13.48 establishes criteria for dedicating land, or payment of in lieu fees for construction of new parks or recreational facilities or rehabilitation of existing facilities. All residential developments subdivisions containing five or more parcels are required to pay a park development fee, dedicate land, or both. The City General Plan sets a requirement for providing a minimum of 5 acres per 1,000 population. Discussion a) No Impact. The Housing and Safety Element Updates are policy documents and will not directly result in any development. The adoption of the Updates will have no impact on public services. The Safety Element Update will more clearly identify flooding and fire hazards, and prevent the location of public facilities in hazard areas. As future housing projects are proposed, they will be reviewed to determine potential impacts on public services during the CEQA process. In general, sites identified for future housing in the vacant land inventory are urban infill sites. These sites will be developed under the allowable densities in the General Plan and Zoning Code. The majority of the City is well served by public services, and thus new development on those sites are least likely to have significant impacts on public services. The sites identified for future housing are not located in or near a fire hazard zone. As future housing projects are proposed, they will be required to provide emergency access following the Riverside County Fire Department’s design guidelines. Future housing development will be required to pay development impact fees toward fire protection services at building permit issuance and school developer fees in place at the time development occurs. Future projects will also need to participate in the City’s parkland in-lieu fee program to offset impacts associated with parks generated by new residents. Mitigation Measures: None required Monitoring: None required 301 La Quinta Housing & Safety Element Updates October 2021 40 XVI. RECREATION -- Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? X b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? X Sources: La Quinta 2035 General Plan. Setting There are approximately 5,259 acres of open space areas set aside for recreational facilities in the City, including a variety of city owned and maintained parks and facilities, County owned parks, Desert Recreation District facilities and public and private golf courses. In addition, there are approximately 6,933 acres of natural open space areas within the City offering hiking trails, equestrian trails, and other passive recreation opportunities. The Desert Recreation District also provides park facilities and recreation programs throughout the Coachella Valley. The Desert Recreation District owns and operates the La Quinta Community Park, and is proposing a Discovery Center near Lake Cahuilla. Discussion a, b) No Impact. The adoption of the Housing and Safety Element Updates will not generate any new development or redevelopment directly. No impact on recreation will occur. Future projects will be reviewed for their potential impacts on recreational resources during the CEQA process. Applicable parkland program in-lieu fees and development impact fees will be assessed to cover the additional costs of providing recreational services to new residents. Mitigation Measures: None required Monitoring: None required 302 La Quinta Housing & Safety Element Updates October 2021 41 XVII. TRANSPORTATION -- Would the project: Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? X b) Conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? X c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? X d) Result in inadequate emergency access? X Sources: La Quinta 2035 General Plan; Coachella Valley Association of Governments Active Transportation Plan. Setting All roadways in the City are classified into various roadway types based on number of lanes and other facilities, including bicycle lanes, sidewalks and parkways. The City’s acceptable Level of Service (LOS) for both roadway segments and intersection operations is LOS D or better. CEQA Guidelines section 15064.3 sets forth guidelines for implementing SB 743 (stats. 2013, ch. 386), which requires amendments to the CEQA Guidelines (pre-2019) to provide an alternative to LOS for evaluating transportation impacts. Changes to CEQA Guidelines were adopted in December 2018, which require all lead agencies to adopt vehicle miles traveled (VMT) as a replacement for automobile delay-based level of service (LOS) as the new measure for identifying transportation impacts for land use projects. This statewide mandate went into effect July 1, 2020. To aid in this transition, the Governor’s Office of Planning and Research (OPR) released a Technical Advisory on Evaluating Transportation Impacts in CEQA (December 2018). Based on OPR’s Technical Advisory, the City of La Quinta has prepared their Vehicle Miles Traveled Analysis Policy. Discussion a-d) No Impact. The Housing and Safety Element Updates are policy documents that will not generate any development directly or propose any changes to transportation in the City. No impact will occur regarding transportation. As future housing projects are proposed, they will be required to analyze potential traffic impacts and prepare traffic impact studies that include VMT analysis, where necessary. The projects will also be required to meet City standards on roadway improvements, parking, and emergency access either through mitigation under CEQA or conditions of approval. Prior to construction, both the Fire Department and Police Department will review the project site plan to ensure safety measures are addressed, including emergency access and geometric design. 303 La Quinta Housing & Safety Element Updates October 2021 42 The sites identified for future housing occur on the City’s developed street system, and will not interfere with the system. Most sites are relatively close to bus stops served by SunLine bus routes, existing and proposed bike routes, as well as multi-use paths. No impact is anticipated on alternative transportation. Mitigation Measures: None required Monitoring: None required 304 La Quinta Housing & Safety Element Updates October 2021 43 XVIII. TRIBAL CULTURAL RESOURCES— Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: i) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.i(k), or X ii) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the agency shall consider the significance of the resource to a California Native American tribe. X Sources: La Quinta 2035 General Plan; Draft Environmental Impact Report for the City of La Quinta General Plan, July 2012. Setting As discussed in the Section V, Cultural Resources, the Coachella Valley has been home to Cahuilla people for millennia. They were Takic-speaking and lived in various groups in the area. The Desert Cahuilla occupied the eastern Coachella Valley, including the modern day La Quinta. Today, Native Americans of Pass or Desert Cahuilla heritage are mostly affiliated with one or more of the Native American reservations in and near the Coachella Valley, including the Cabazon, Augustine, Torres Martinez, Twenty-nine Palms, Agua Caliente, and Morongo. Numerous cultural resources are found throughout the valley which have provided valuable insight into the prehistory and history of the Valley. Discussion i, ii) No Impact. The adoption of the Housing and Safety Elements Update will have no impact on tribal cultural resources, as it will not generate construction or development directly, nor expand available sites for future development. The City conducted AB 52 (stats. 2014, ch. 532) and SB 18 (stats. 2004, ch. 905) consultation and sent out written letters to 14 tribes. The City received one response from the Agua Caliente Band of Cahuilla Indians, who indicated that it had no concerns regarding the Updates, and concluded consultation. 305 La Quinta Housing & Safety Element Updates October 2021 44 As noted, as many as 500 archaeological sites of historic and prehistoric origins and approximately 170 isolates have been identified in the City of La Quinta and its SOI. Portions of the City were covered by the ancient Lake Cahuilla, and are known to contain remnants of tribes living near the lake shores based on archaeological surveys and communication with local tribes. As future housing projects are proposed, the City will conduct formal government-to-government consultation with local tribes pursuant to AB 52 and/or SB 18. Mitigation will be implemented based on input from tribes, where necessary, to avoid impacts to tribal cultural resources. The City requirements of site surveys for new development and standard requirements including the CEQA review process will ensure any potential impacts to tribal cultural resources are identified and addressed at the individual project level. Mitigation Measures: None required Monitoring: None required 306 La Quinta Housing & Safety Element Updates October 2021 45 XIX. UTILITIES AND SERVICE SYSTEMS. Would the project: Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? X b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? X c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? X d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? X e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? X Source: La Quinta 2035 General Plan; 2015 Urban Water Management Plan (Final Report), CVWD, July 1, 2016; Sanitary Sewer Management Plan, CVWD, December 1, 2019. Setting The City of La Quinta is served by the following utility providers: Utility Service Provider(s) Electricity Imperial Irrigation District (IID) Natural gas Southern California Gas Water Coachella Valley Water District (CVWD) Wastewater Coachella Valley Water District (CVWD) Solid waste Burrtec Telecommunications Spectrum, Frontier Discussion a-c) No Impact. The adoption of the Housing and Safety Element Updates will have no impact on utilities and service systems because they will not generate construction or development directly. 307 La Quinta Housing & Safety Element Updates October 2021 46 As future housing development is proposed, the potential impacts on utilities will be considered during the entitlement process and CEQA review. CVWD is responsible, under the California Water Code, for analyzing its current and future water supply, and assuring that sufficient supply is available to serve land uses within its service area, through the preparation of an Urban Water Management Plan (UWMP). The latest 2015 UWMP used the City’s General Plan land uses as a basis for planning. Similarly, CVWD also conducts long-range planning for sewer services partly based on the General Plan land uses in its Sanitary Sewer Management Plan (2019). CVWD has demonstrated sufficient capacities to serve the City for domestic water and wastewater treatment. Burrtec provides solid waste services to the City on a contract basis, and will charge a per unit fee on future housing units. Regional landfills have sufficient capacity to accommodate future development in the City. The energy and telecommunications service providers also plan their infrastructure according to local development and population growth. All future housing projects will be required to analyze their demand for utility services at the individual project level. Mitigation Measures: None required Monitoring: None required 308 La Quinta Housing & Safety Element Updates October 2021 47 XX. WILDFIRE. If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project: Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact a) Substantially impair an adopted emergency response plan or emergency evacuation plan? X b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? X c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? X d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? X Sources: La Quinta 2035 General Plan Draft EIR; Fire and Resources Assessment Program (FRAP) maps, California Department of Forestry and Fire Protection. Setting Wildfires can occur in undeveloped areas and spread to urban areas where landscape and structures are not designed and maintained to be ignition resistant. A wildland-urban interface (WUI) is an area where urban development is located in proximity to open space or “wildland” areas. The potential for wildland fires represents a hazard where development is adjacent to open space or within close proximity to wildland fuels or designated fire severity zones. While the western portion of the City, such as the Cove, is located near the urban-wildland interface, the wilderness areas that surround La Quinta are made up of granitic rock and sparse desert vegetation and thus does not provide the explosive fuels needed for wildfires. The California Department of Forestry and Fire Protection (Cal Fire) has mapped areas of significant fire hazards in the state through its Fire and Resources Assessment Program (FRAP). These maps place areas of the state into different Fire Hazard Severity Zones (FHSZ) based on a hazard scoring system using subjective criteria for fuels, fire history, terrain influences, housing density, and occurrence of severe fire weather where urban conflagration could result in catastrophic losses. 309 La Quinta Housing & Safety Element Updates October 2021 48 Discussion a-d) No Impact. The Housing and Safety Element Updates will have no impact on wildfire. The Safety Element has been updated, and added a section on fire hazard and the most recent fire hazard mapping by CalFire. There is no state responsibility area or very high fire hazard severity zone (VHFHSZ) in the City of La Quinta. The sites identified for future housing in the vacant land inventory are not located in or near a state responsibility area or VHFHSZ. As future housing projects are proposed, they will be required to provide emergency access following the Riverside County Fire Department’s design guidelines. The City has established emergency evacuation routes for its neighborhoods, to assure that residents can leave their neighborhoods safely. The Safety Element Update also referred to the City’s Local Hazard Mitigation Plan (LHMP) updated in 2017 and Riverside County Multi-Jurisdictional LHMP approved by FEMA and adopted in 2018, which provide guidance on hazard mitigation including fire hazards and emergency response in and around the City. No impact is anticipated. Mitigation Measures: None required Monitoring: None required 310 La Quinta Housing & Safety Element Updates October 2021 49 XXI. MANDATORY FINDINGS OF SIGNIFICANCE -- Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? X c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? X a-c) No Impact. The adoption of the Housing and Safety Element Updates will not impact the environment. As discussed above, sites identified for future housing are not located within a CVMSHCP- designated conservation area. The Update will not impact biological or cultural resources, nor human beings directly or indirectly. Under state law, relevant sections in the Safety Element including fire hazard, flood hazard, climate change and emergency preparedness are being updated along with the Housing Element, and both are consistent with each other and the balance of the General Plan. The sites identified for future housing will be developed under General Plan designations and guidelines, and such development will not impact long term environmental goals. Cumulative impacts of future development have been addressed in the General Plan and its Environmental Impact Report where necessary, and will also be considered at the project level as projects are proposed under the Housing Element. 311 RESOLUTION NO. 2022 - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A GENERAL PLAN AMENDMENT FOR THE 2022-2029 HOUSING ELEMENT UPDATE AND UPDATES TO 2035 GENERAL PLAN CHAPTER IV, ENVIRONMENTAL HAZARDS CASE NUMBER: GENERAL PLAN AMENDMENT 2020-0001 APPLICANT: CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California did, on February 15, 2022, hold a duly noticed Public Hearing to consider General Plan Amendment 2020-0001 for the 2022-2029 Housing Element Update and updates to 2035 General Plan Chapter IV, Environmental Hazards (Safety Element), as mandated by State law; and WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on February 4, 2022, as prescribed by the Municipal Code; and WHEREAS, the Planning Commission of the City of La Quinta, California did, on January 11 and January 25, 2022, hold duly noticed Public Hearings and after review and consideration of this item, and hearing all public testimony, adopt Planning Commission Resolution 2022-003 and recommended adoption of said General Plan Amendment; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did make the following mandatory findings to justify adoption of said General Plan Amendment: 1. The General Plan Amendment does not have the potential to degrade the quality of the environment, have an adverse effect on wildlife, achieve short term environmental goals to the disadvantage of long term environmental goals, or cumulatively result in significant impacts to the environment. 2. Internal General Plan Consistency. The amendments to the Housing Element and the Safety Element are internally consistent and do not conflict with policies and programs of other elements of the General Plan. 312 Resolution No. 2022 - General Plan Amendment 2020-0001; Housing and Safety Element Updates Adopted: Page 2 of 3 3. Public Welfare. Approval of the amendments will not create conditions materially detrimental to the public health, safety and general welfare, and will instead assure the provision of housing for all segments of the community, and the construction of safe buildings outside of fire-prone areas and flood zones. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the Findings of the City Council in this case. SECTION 2. That it does hereby adopt General Plan Amendment 2020- 0001 for the 2022-2029 Housing Element Update and updates to 2035 General Plan Chapter IV, Environmental Hazards as listed in the enclosed Exhibits A and B, incorporated herewith by this reference. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council held on this 15th day of February, 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ LINDA EVANS, Mayor City of La Quinta, California 313 Resolution No. 2022 - General Plan Amendment 2020-0001; Housing and Safety Element Updates Adopted: Page 3 of 3 ATTEST: ________________________ MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: ____________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 314 HOUSING PURPOSE The Housing Element of the La Quinta General Plan establishes the City’s policy relative to the maintenance and development of housing to meet the needs of existing and future residents. Jurisdictions within the Southern California Association of Governments (SCAG) region must complete the statutory housing element update for a planning period that extends from 2022 to 2029. The 2022 Regional Housing Needs Assessment (RHNA) proposes that La Quinta provide the regulatory framework to facilitate the development of new housing units potentially affordable to a range of income levels. The City’s RHNA is 1,530 units for the 2022–2029 planning period. The RHNA includes housing planning goals for very low, low, moderate, and above moderate income households. The City’s RHNA by affordability level is 420 units of housing affordable to very low income households, 269 affordable for low income households, 297 affordable for moderate income households, and 544 above moderate income units. The Housing Element demonstrates the land resources, financial resources, market trends, and governmental efforts that have the potential to facilitate and encourage housing development and rehabilitation to meet the RHNA. Setting The City of La Quinta is one of nine cities in the Coachella Valley. A world- renowned vacation destination, La Quinta’s population varies by season. La Quinta’s permanent population is estimated at 40,660 persons in 2020. The seasonal population exceeds 10,000, increasing the City’s population by 25% during winter months. La Quinta households are generally wealthier than other areas of Riverside County. The median household income of La Quinta in 2018 was $79,889, significantly higher than the Riverside County median household income of $63,948. RESOLUTION NO. 2022-XXX EXHIBIT A ADOPTED: 315 This income trend is related to the types of new housing available in La Quinta. La Quinta is home to many master planned communities. Although the number of multifamily units in the City increased by more than 30% from 2012 to 2019, multifamily units continue to represent less than 7 percent of the total housing stock. Housing Resources California housing element law allows local governments to obtain credit toward their RHNA housing goals in three ways: constructed and approved units, vacant and underutilized land, and the preservation of existing affordable housing. Moderate income households are able to afford some new and fairly new rental and for sale units. Very Low and Low income households, however, will continue to require subsidized affordable housing. Housing Plan The housing element sets forth a comprehensive housing plan consisting of goals, policies, and programs to address existing and projected housing needs. The detailed programs provided are designed to identify sites to exceed the RHNA, assist the development of affordable housing, remove governmental constraints to housing, preserve the existing housing stock, provide equal housing opportunities, and promote energy and water conservation in residential uses. Quantified Objectives The goals, policies, and programs will guide housing-related decision making and facilitate attainment of the 2022–2029 RHNA housing targets. As shown in Table II-1, future units both planned and to be planned, make up the bulk of new construction counted toward the RHNA. Each jurisdiction must establish quantified objectives by income category to prepare to meet or exceed the RHNA for the 2022-2029 planning period. The City of La Quinta’s quantified objectives are based on constructed and approved units and land resources for new housing and programs created to address other existing and projected housing needs. Achieving the City of La Quinta’s quantified objectives will rely on third party financing. The City will continue to participate in the development of affordable housing with private party partners. Please see the Housing Resources section. 316 Table II-1 Quantified Objectives 2022–2029 Type of Housing Extremely Low Very Low Low Moderate Above Moderate Total New Construction New Units 210 210 269 297 544 1,530 Rehabilitation/Conservation Residential Rehabilitation 10 15 30 35 90 Conservation 317 INTRODUCTION Purpose The Housing Element of the La Quinta Plan establishes the City’s policy relative to the maintenance and development of housing to meet the needs of existing and future residents. These policies will guide City decision making and set forth a housing action program through 2029. These commitments are an expression of the City’s desire to facilitate adequate housing for every La Quinta resident. The City’s housing policy is consistent with the statewide housing goal of “attainment of decent housing and a suitable living environment for every California Family.” The purpose of the Element is to establish official policy which: v Identifies existing and projected housing needs, and inventories resources and constraints that are relevant to meeting these needs. The assessment and inventory include: § Community Profile § Housing Profile § Land Resource Inventory § Governmental and Nongovernmental Constraints Analysis § Analysis of Special Needs Housing § Identification of Assisted Units “At Risk” of Conversion v Identifies the community’s goals, objectives, and policies relative to the preservation, improvement, and development of housing. v Sets forth a schedule of actions (programs) the City is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element. The Housing Element has been designed to address key housing issues in the City. These issues include appropriate housing types to meet the needs of all segments of the community while maintaining a low density character, provision of affordable housing for special needs groups in the community, and the maintenance of the existing housing stock. Consistency with State Planning Law California Government Code requires that every City and County prepare a Housing Element as part of its General Plan. In addition, State law contains specific requirements for the preparation and content of Housing Elements. Sections 65580 to 65589.8 of the California Government Code contain the legislative mandate for the housing 318 element. State law requires that the City’s Housing Element consist of “identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement and development of housing.” State law also requires that the City evaluate its housing element approximately every eight years to determine its effectiveness in achieving City and statewide housing goals and objectives, and to adopt an updated Element that reflects the results of this evaluation. State law is very specific about the content of the Housing Element and makes it clear that the provision of affordable housing is the responsibility of all local governments. The City is expected to contribute toward regional housing needs and to contribute to the attainment of state housing goals. The most recent updates to Housing Element law occurred in 2017, when a series of bills were passed into law to address the State’s determination that California was experiencing a State-wide housing crisis. The laws passed in 2017 addressed a wide range of housing-related issues, including Housing Elements, which are summarized below. • SB 2 established a recordation fee for real estate documentation which would fund planning grants for affordable housing and affordable housing projects. • SB 3 placed a $4 billion general obligation bond on the November 2018 ballot to fund affordable housing, farmworker housing, transit- oriented development, infill infrastructure and home ownership. • SB 35 mandated a streamlined approval process for infill affordable housing projects in communities that have not, according to the Department of Housing and Community Development (HCD) met their affordable housing allocation (RHNA). • AB 72 allowed HCD to find a housing element out of compliance with State law, and to refer the non-compliant element to the State Attorney General for action at any time during a Housing Element planning period. • AB 73 provided State-funded financial incentives for local jurisdictions which choose to create a streamlined zoning overlay for certain affordable housing projects. • SB 166 required that development proposals on local jurisdictions’ sites inventory cannot be reduced in density without findings, and/or the identification of additional sites to result in ‘no net loss’ of affordable housing units in the sites inventory. 319 • SB 540 provided State funding for the planning and implementation of workforce housing opportunity zones for very low, low and moderate income households. • AB 571 modified the farmworker tax credit program to allow HCD to advance funds to migrant housing center operators at the beginning of each planting season, and allowed migrant housing to remain open for up to 275 days annually. • AB 678 amended the Housing Accountability Act to limit a local jurisdiction’s ability to deny low and moderate income housing projects by increasing the required documentation and raising the standard of proof required of a local jurisdiction. • AB 686 (approved in 2018) required a public agency to administer its programs and activities relating to housing and community development in a manner that affirmatively furthers fair housing. • AB 879 amended the annual reporting requirements of local jurisdictions to HCD regarding proposed projects, including processing times, number of project applications and approvals, and required approval processes. • AB 1397 amended the requirements of adequate sites analysis to assure that sites are not only suitable, but also available, by requiring additional information in site inventories. • AB 1505 allowed local jurisdictions to adopt local ordinances that require affordable housing units on- or off-site when approving residential projects. • AB 1515 established a ‘reasonable person’ standard to consistency of affordable housing projects and emergency shelters with local policies and standards. • AB 1521 placed restrictions on the owners of affordable housing projects when terminating or selling their projects. General Plan Consistency The goals, policies, standards, and proposals within this element relate directly to and are consistent with all other General Plan elements. The Housing Element identifies programs and resources required for the preservation, improvement, and development of housing to meet the existing and projected needs of its population. The Housing Element is affected by development policies contained in the Land Use Element, which establishes the locations, types, intensity, and distribution of land uses throughout the City and defines the buildout land use scenario. In designating total acreage and density of residential development, the Land Use Element places an upper limit on the number and types of housing units constructed in the City. The acreage designated for a range of commercial and office uses creates 320 7 employment opportunities for various income groups. The presence and potential for jobs affects the current and future demand for housing at the various income levels in the City. In addition, the Land Use Element has been updated in accordance with Senate Bill 244. There are no disadvantaged unincorporated communities in the City’s Sphere of Influence. The Circulation Element also affects implementation of the Housing Element. The Circulation Element establishes policies for providing essential streets and roadways to all housing that is developed. The policies contained in the other elements of the General Plan affect the quality of life of the citizens of the City through the control of the amount and variety of open space and recreation areas, acceptable noise levels in residential areas, and programs to provide for the safety of residents. The Housing Element utilizes the most current data available. Data sources include the U.S. Census, American Community Survey, California Department of Finance (DOF), Comprehensive Housing Affordability Strategy, Southern California Association of Governments (SCAG), Riverside County, and various City documents and resources, among others. Scope and Content The Housing Element is organized in the following manner: v Introduction: A statement of the purpose of the Housing Element and statutory requirements, a statement of the relationship between the Housing Element and other General Plan elements, the scope, content and organization of the Element, and a summary of the public participation process. v Evaluation of Past Element: A summary of the achievements and an evaluation of the effectiveness of the past Housing Element. v Housing Vision Statement: A statement describing the future vision of housing in La Quinta as developed by the citizens and elected officials of the City. The policies in the Housing Element are designed to bring this vision to fruition. v Community Profile and Housing Profile: A discussion of the characteristics of the population, households, and housing stock in La Quinta, including growth and affordability trends. 321 8 v Fair Housing: A discussion of the City’s commitment to and implementation of federal and state fair housing laws, as well as identified issues, concerns, and strategies. v Housing Needs: An analysis of groups in the City that may have special housing needs, the implications of the affordability of housing stock in relation to household income, and projected housing needs. v Housing Constraints: A discussion of governmental and nongovernmental constraints to the development of housing and opportunities for energy conservation in residential planning, design, construction, and rehabilitation. v Housing Resources: An inventory of constructed and approved units, land available for residential development, and underutilized sites available for residential redevelopment, and an analysis of the ability of these projects and sites to meet the Regional Housing Needs Assessment (RHNA). v Preservation of At Risk Units: A description of any assisted, affordable multifamily units that are eligible to convert to market rate within 10 years of the planning period. v Goals, Policies, and Programs: A description of housing goals, policies, and programs responsive to the City’s current and projected housing needs. Also included is a summary of the City’s quantified objectives for new residential construction, rehabilitation, and financial assistance during the planning period. EFFECTIVENESS OF THE 2014-2021 HOUSING ELEMENT To develop appropriate programs to address the housing issues identified in this Housing Element Update, the City of La Quinta has reviewed the effectiveness of the housing programs adopted in the 2014-2021 Housing Element. The State of California requires an assessment of the previous housing program to identify areas of accomplishment as well as areas in which improvement could occur following the implementation of new or modified programs. The following section reviews the progress in implementation of the programs, the effectiveness of the Element, and the continued appropriateness of the identified programs. Analysis of the past element is quantified where such information is available. 322 9 As described in the evaluation of Policies and Programs below, the City continued to assist households with special needs, including seniors, disabled residents and persons experiencing homelessness (see evaluation of Policies 5.3, 5.4 and 5.5; and Programs 4.4.b, 5.5.a, and 5.5.b below). The results of the analysis provided the basis for developing the comprehensive housing strategy for the 2022-2029 planning period. Adequate Sites for Housing GOAL H-1 Provide housing opportunities that meet the diverse needs of the City’s existing and projected population. v Policy H-1.1 Identify adequate sites to accommodate a range of product types, densities, and prices to address the housing needs of all household types, lifestyles, and income levels. § Program 1.1.a: To address the City’s RHNA allocation for extremely low income households, 26 of the 68 new units at the Washington Street Apartments will be designated for extremely low income households. The additional 19 units identified in the RHNA will be given priority either at Washington Street Apartments, or at projects on sites identified in the Vacant Land Inventory (Table II-50). § Objective: Encourage the provision of 45 extremely low income units in new projects during the planning period. § Timing: 2015 for 26 units, 2015-2021 as projects are constructed for 19 units § Funding Source: Private Funding, Tax Credit Financing, Other sources as identified § Responsible Agency: Planning Department Evaluation: Renovation and expansion of Washington Street Apartments was completed in November 2019, resulting in the rehabilitation of existing 72 units and construction of 68 new units, for a total of 140 units. Twenty-four (24) of the 68 new units were designated for extremely low income households. The additional 19 units identified in the RHNA were not constructed. The program will be modified to address the 2022-2029 RHNA allocation. 323 10 v Policy H-1.2 Focus housing growth within existing City boundaries until it is necessary to pursue annexation or development in planning areas for affordable housing. Evaluation: No annexations were needed for the construction of affordable housing during the 2014-2021 planning period. The Affordable Housing Overlay (AHO) continues to offer increased opportunities for affordable housing development by allowing it at higher densities within all commercial zones and several residential sites. This policy was successful and will be extended into the 2022-2029 planning period. v Policy H-1.3 Direct new housing development to viable areas where essential public facilities can be provided and employment opportunities, educational facilities, and commercial support are available. Evaluation: The City continued to look at projects for affordable housing on infill sites and in areas where transit and employment were readily available. Coral Mountain Apartments and Washington Street Apartments were both planned on such sites and their construction has been completed. In 2016, the City introduced the mixed use (MU) overlay in the zoning code (La Quinta Municipal Code Chapter 9.140) to facilitate the development of mixed use projects that include both multifamily residential and commercial components in a cohesively designed and constructed manner. Mixed use projects will locate residents in proximity to services, employment, and transportation hubs and provide interconnected multi-purpose paths for alternative modes of transportation. Mixed use projects can claim incentives, including reduced parking requirements, reduced plan check and inspection fees, and density bonuses. The policy will be extended into the 2022-2029 planning period. Assist in the Development of Affordable Housing GOAL H-2 Assist in the creation and provision of resources to support housing for lower and moderate income households. 324 11 v Policy H-2.1 Increase housing choices for lower and moderate income households. v Policy H-2.2 Support public, private, and nonprofit efforts in the development of affordable housing. v Policy H-2.3 Pursue a variety of forms of private, local, state, and federal assistance to support development of affordable housing. § Program H-2.3.a: Collaborative Partnerships The City shall meet with parties interested in affordable housing development to discuss types of incentives available and requirements for obtaining assistance, discuss appropriate sites for affordable housing, and foster professional collaboration between the City and affordable housing stakeholders. § Objective: Continue to collaborate with nonprofits and the development community to develop affordable housing. § Timing: Project-by-project basis, by request, or on an annual basis. § Funding Source: General Fund § Responsible Agency: Community Development Department Evaluation: The City Manager’s office supports affordable housing efforts and coordinates regularly with affordable housing partners such as Lift to Rise. The City will continue to assist affordable housing developers in securing third party financing. During the 2014-2021 planning period, Coral Mountain Apartments was completed with Desert Cities Development. This program was successful and will be extended into the 2022-2029 planning period. § Program H-2.3.b: Affordable Housing Renter-to-Owner Transition Low Income Housing Tax Credit (LIHTC) provides federal tax credits for private developers and investors that agree to set aside all or a portion of their units for low income households. LIHTC projects can transition from rental to ownership units. The units must remain rentals for 15 years, at which time some projects convert to ownership units. Typically a portion or all of the rent paid for the 5 years prior to the conversion is put toward the purchase of the unit. This enables lower income households 325 12 to invest in the property in which they have been living and benefit from its appreciation. Existing stalled condominium and townhome projects are prime opportunities for low income tax credits to be used for renter-to- owner programs. § Objective: Investigate the use of LIHTCs to finance affordable single-family attached rental development that can transition, after 15 years, into moderate income ownership housing. § Timing: Complete study by end of fiscal 2015 § Funding Source: General Fund § Responsible Agency: Community Development Department Evaluation: Investigation into the use of LIHTCs to finance affordable single-family attached rental development was not completed. However, it is still considered important. This program will continue into the 2022-2029 planning period. § Program H-2.3.c: Affordable Housing Renter-to-Owner Transition There are many resources that the City, nonprofits, or for-profit developers may utilize to subsidize the construction and maintenance of affordable housing. Some of the most prominent resources are described below. § Objective: Advertise other financial resources through the affordable housing page of the City’s website, apply for grants and competitive loans, and form partnerships with the development community to obtain additional financial resources. § Timing: Update website with funding information and partnership opportunities every six months or earlier if appropriate. § Funding Source: General Fund § Responsible Agency: Community Development Department Low Income Tax Credits Low Income Housing Tax Credit (LIHTC) provides federal tax credits for private developers and investors that agree to set aside all or a portion of their units for low income households. A minimum of 20 percent of the units must be affordable to low income households and 40 percent of the units must be affordable to moderate income households. 326 13 Community Reinvestment Act The Community Reinvestment Act provides favorable financing to affordable housing developers. The Redevelopment Agency, development community, and local, regional, and national banks are encouraged to work together to meet their obligations pursuant to the Community Reinvestment Act. California Housing Finance Agency Program The California Housing Finance Agency (CHFA) has three single- family programs for primarily moderate and middle income homebuyers: the Home Ownership Assistance Program and the Affordable Housing Partnership Program. Each provides permanent mortgage financing for first-time homebuyers at below-market interest rates. HOME Funds HOME is the largest Federal block grant distributed to state and local governments for the creation of lower income housing. Cities apply when Notices of Funding Availability are issued. Neighborhood Stabilization Program HUD’s Neighborhood Stabilization Program makes emergency assistance grants available to local governments for the acquisition, redevelopment, and renting or resale of foreclosed properties at-risk of abandonment. Riverside County First-Time Homebuyers Program Continue participation in the Riverside County First-Time Homebuyers Program for low and moderate income households. Mortgage Credit Certificate The Riverside County Mortgage Credit Certificate Program is designed to assist low and moderate income first time homebuyers. Under the Mortgage Credit Certificate Program, first-time homebuyers receive a tax credit based on a percentage of the interest paid on their mortgage. This tax credit allows the buyer to qualify more easily for home loans, as it increases the effective income of the buyer. Under federal legislation, 20 percent of the funds must be set aside for buyers with incomes between 75 and 80 percent of the county median income. 327 14 Finance Agency Lease-Purchase Program Riverside/San Bernardino County Housing Finance Agency Lease Purchase Program provides down payment assistance and closing costs for eligible households up to 140 percent of the area median income. Housing Choice Voucher (formerly Section 8) Referrals Housing Choice Vouchers allow lower income households to use rental subsidies anywhere in the County, including La Quinta. Evaluation: Information about financial resources and partnership opportunities available for subsidizing the construction and maintenance of affordable housing was not provided on the City’s website. However, it continues to be a priority, and City staff plans to accomplish this task by 2022. This program will be extended into the 2022-2029 planning period. § Program H-2.3.d: Sweat Equity and Shared Equity Sweat equity and shared equity programs provide lower and moderate income households with ownership assistance. Sweat equity refers to the exchange of time and effort, usually in the form of construction activities, for an affordable ownership opportunity. § Objective: Continue to work with organizations that offer sweat and shared equity housing programs to lower and moderate income households in La Quinta. § Timing: Meet with organizations annually or more frequently (if requested or advantageous) to identify opportunities for coordinated efforts or potential housing projects. § Funding Source: General Fund § Responsible Agency: Community Development Department Evaluation: The City has worked with both Habitat for Humanity and the Coachella Valley Housing Coalition in the development of sweat equity homes in the past. However, no units were built in collaboration with the City during the 2014-2021 planning period. This program has been successful in the past and will be extended into the 2022-2029 planning period. 328 15 Removal of Governmental Constraints to Housing GOAL H-3 Create a regulatory system that does not unduly constrain the maintenance, improvement, and development of housing affordable to all La Quinta residents. v Policy H-3.1 Remove unnecessary regulatory constraints to enable the construction or rehabilitation of housing that meets the needs of La Quinta residents, including lower income and special needs residents. Evaluation: In 2017, the City adopted Ordinance No. 561 to amend Municipal Code Section 9.60.090 (previously “Second Residential Units”) to establish development standards and criteria for Accessory Dwelling Units (ADUs). Under these amendments, ADUs are permitted as accessory uses in all residential zones and qualifying units can receive allowances for parking requirement exemptions and utility connection exemptions. The amendments reduce regulatory constraints associated with ADU development and expand housing opportunities for lower-income residents. The City will continue to monitor all municipal code requirements to assure that they do not impose a constraint on the development of affordable housing. This policy will be extended into the 2022-2029 planning period. v Policy H-3.2 Coordinate the development of affordable housing with the provision of key utilities to ensure prompt and adequate service. Evaluation: All new project development plans are provided to the utility providers for review and comment on a case-by-case basis. The City coordinates with utility providers to assure that adequate utilities are in place and operational to serve the needs of residents. This policy is ongoing and will be extended into the 2022-2029 planning period. v Policy H-3.3 Incentivize the development of affordable housing to facilitate the development of housing for the City’s lower and moderate income households. 329 16 Evaluation: In 2016, the City introduced the mixed use (MU) overlay in the zoning code (La Quinta Municipal Code Chapter 9.140) to facilitate the development of mixed use projects that include both multifamily residential and commercial components. The City also amended and completed Affordable Housing Overlay (AHO) regulations and district boundaries in ordinances passed in 2016 and 2019. This program will be extended into the 2022-2029 planning period. § Program H-3.3.a: Priority Water and Sewer Service In compliance with state law, the Coachella Valley Water District (CVWD) must create procedures to provide priority water and sewer service to lower income residential project. The law also prohibits the denial or conditioning the approval of service without adequate findings, and requires future water management plans to identify projected water use for lower income residential development. § Objective: Route the adopted Housing Element to the CVWD and notify them of changes and future updates to the Housing Element. § Timing: Upon Housing Element adoption § Funding Source: General Fund § Responsible Agency: Community Development Department Evaluation: CVWD is responsible for compliance with state law. The City will provide the adopted Housing Element to CVWD, notify them of changes and future updates, and continue to coordinate with them in the processing of applications in a timely manner. This program will be extended into the 2022-2029 planning period. § Program H-3.3.b: Reduced Parking Standards There are several potential opportunities to reduce parking standards for special types of development in La Quinta. While the City already has special parking standards for multifamily senior housing, there is potential to further reduce those requirements, particularly for lower and moderate income senior housing. The compact, mixed-use character of the Village area may also foster opportunities for parking reductions or joint-use opportunities. Lower and moderate income households may own fewer vehicles than above moderate income households, 330 17 and be more inclined to walk or use public transportation. Incentives such as reduced parking requirements could be offered for affordable housing developments. § Objective: Study the potential impacts of adopting reduced parking requirements or shared parking standards for senior housing and housing in the Village, particularly for projects serving lower and moderate income households. § Timing: Zoning Ordinance Update 2014 § Funding Source: General Fund § Responsible Agency: Community Development Department Evaluation: The City updated Incentive Based Parking Adjustments (Zoning Code Section 9.150.050) in 2017 which allows a reduction in parking spaces of up to fifteen percent, subject to approval by the Planning Commission. Section 9.150.050.B addresses opportunities for parking reductions in the Village Build-Out Plan Area, including potential reductions of fifty percent and other variations subject to approval by the director. The program is complete and will not be extended into the 2022-2029 planning period. § Program H-3.3.c: Encourage Lot Consolidation Several small lots in the Village Commercial would have improved development potential through lot consolidation. The City will study, identify, and adopt regulatory incentives to encourage and facilitate lot consolidation. Potential incentives include fee deferral or reductions, parking requirement reduction, and relief from various other development standards that could potentially increase the cost of the project. § Objective: Identify opportunities and adopt incentives for lot consolidation in the Village Commercial zone § Timing: July 1, 2015 § Funding Source: General Fund § Responsible Agency: Community Development Department Evaluation: The City completed the La Quinta Village Build-Out Plan and EIR in 2017. Ordinance No. 553 amended several chapters of the Municipal Code related to development standards for the Plan area; development standards are provided in Section 9.70.110. Projects in the Plan area are encouraged to implement the standards and incentives of Section 9.140.090, the mixed use overlay, which encourages development on lot assemblages or lots greater than one acre. Per Section 9.140.090.F, mixed use development can benefit from density bonuses, modified parking requirements, 331 18 expedited permit processing, and fee reductions. Parking requirement reductions and variations in the Village Build-Out Plan area are addressed in Section 9.150.050.B. Although the regulatory portion of this program is complete, the need for lot consolidation in the Village remains, and the program will be modified to address this. GOAL H-4 Conserve and improve the quality of existing La Quinta neighborhoods and individual properties. v Policy H-4.1 Protect the quality of La Quinta’s neighborhoods through the rehabilitation of both affordable and market-rate homes. Evaluation: The rehabilitation of both affordable and market-rate homes is an ongoing process supported by the City. The rehabilitation of 72 existing units at Washington Street Apartments, an affordable housing project, was completed in 2019. This policy will be extended into the 2022-2029 planning period. v Policy H-4.2 Promote financial and technical assistance to lower and moderate income households for housing maintenance and improvements. Evaluation: The City continues to support Riverside County and other third-party programs to fill this need. The City provides information on the HERO financing program for energy efficiency home improvements. City staff will conduct research on technical assistance available by agencies, including County assistance programs, and direct households to these programs when appropriate. This policy will be extended into the 2022- 2029 planning period. v Policy H-4.3 Encourage the retention and rehabilitation of existing single-family neighborhoods and mobile home parks that are economically and physically sound. 332 19 v Policy H-4.4 Enhance neighborhoods that presently provide affordable housing with drainage, lighting and landscape amenities, and parks and recreation areas. § Program H-4.4.a: Housing Condition Monitoring To better understand the City’s housing needs the quality and condition of the housing stock must be inventoried on a regular basis. The inventory should focus on older neighborhoods, such as those south of Calle Tampico, west of Washington Street, and north of Highway 111. § Objective: Maintain an inventory of housing conditions (updated approximately every five years) to enable the City to properly target Code Compliance and rehabilitation resources. § Timing: Complete by June 30, 2014 § Funding Source: General Fund § Responsible Agency: Community Development Department Evaluation: There was no activity during the 2014-2021 planning period. City staff will conduct a housing condition survey in the 2022-2023 Fiscal Year. This program will be extended into the 2022-2029 planning period. § Program H-4.4.b: County of Riverside Senior Residential Rehabilitation The Minor Senior Home Repair program allocates grants up to $250 per year for lower income seniors for minor housing repairs, such as painting doors or trim, or repairing a window. The Enhanced Senior Home Repair Program provides major rehabilitation and repair for low income seniors, providing a one- time grant for repairs to homes owned and occupied by seniors and/or persons with disabilities. The maximum level of assistance for this program is $3,000 per year. § Objective: Continue to refer code violators and interested parties to the County of Riverside Minor and Enhanced Senior Home Repair programs and other local resources. Assist homeowners in completing applications as necessary. § Timing: Throughout planning period, on a case-by-case basis § Funding Source: General Fund § Responsible Agency: Community Development Department 333 20 Evaluation: The City does not operate its own senior home repair program; however, the City Manager’s office coordinates with lower income households and refers them to the Riverside County Economic Development Agency, as appropriate. This program is an ongoing effort and will be extended into the 2022-2029 planning period. • Program H-4.4.c: County of Riverside Home Repair Grant The County of Riverside Economic Development Agency Home Repair Program provides lower income households with up to $6,000 for home repairs such as a new roof, new air-conditioner, or a handicap ramp. As a jurisdiction in Riverside County, lower income La Quinta households are eligible for this grant. § Objective: Refer code violators and interested parties to the County of Riverside for home repair grants. § Timing: Throughout planning period, on a case-by-case basis § Funding Source: General Fund § Responsible Agency: Community Development Department Evaluation: To the extent that these County programs have been funded, the City has referred homeowners to the appropriate County staff. This effort is ongoing and the program will be extended into the 2022-2029 planning period. § Program H-4.4.d: Rehabilitation Resources List Lower and moderate income homeowners may need assistance in affording important home repairs and improvements. The City can assist these households by compiling and sharing a listing of local, state, and federal programs offering rehabilitation assistance. § Objective: Provide a rehabilitation resources list on the affordable housing and code compliance pages of the City’s website. Use the list, in online or printed form, as a reference for code violators. § Timing: Create list by June 30, 2014 § Funding Source: General Fund § Responsible Agency: Community Development Department 334 21 Evaluation: City staff has not prepared a list of rehabilitation resources for home repairs and improvements; however, such an effort is still considered important. This program will be extended into the 2022-2029 planning period. Equal Housing Opportunity GOAL H-5 Provide equal housing opportunities for all persons. v Policy 5.1 Provide the regulatory framework to create an environment in which housing opportunities are equal. Evaluation: The City complies with all housing laws regarding equal housing opportunities, including updates on accessory dwelling units (ADUs) in 2017 and again in 2020/2021. The City regularly reviews and amends its Municipal Code to assure that all aspects of it comply with the law. This policy is ongoing and will be extended into the 2022-2029 planning period. v Policy 5.2 Encourage and support the enforcement of laws and regulations prohibiting discrimination in lending practices and in the sale or rental of housing. Evaluation: The City complies with all housing laws and distributes fair housing information. The City monitors housing complaints and refers all complaints to the Riverside County Fair Housing Council, which has jurisdiction over such matters. This policy is ongoing and will be extended into the 2022-2029 planning period. v Policy 5.3 Encourage support services for the Coachella Valley’s senior and homeless populations through referrals and collaborative efforts with non-profits and other jurisdictions. Evaluation: The City provides funding to and participates in CVAG's homelessness programs and provides financial assistance to Martha’s Village and Kitchen and Coachella Valley Rescue Mission for homeless prevention services, in 335 22 addition to providing bus passes for homeless people and collaborating with non-profits to provide rapid rehousing and other services. This policy involves ongoing efforts and will be extended into the 2022-2029 planning period. v Policy 5.4 Assist in the creation of a continuum of care for the homeless population and those transitioning into permanent housing. Evaluation: The City provides ongoing support for the CVAG Homeless Committee and participation in CVAG's homelessness programs. In the 2014-2021 planning period, the City housed five homeless families in Coral Mountain apartments through the Homeless Prevention Program. This program will be extended into the 2022-2029 planning period. v Policy 5.5 Improve quality of life for disabled persons by facilitating relief from regulatory requirements that may create barriers to accessible housing and promoting universal design. Evaluation: During the 2014-2021 planning period, the City further amended the Zoning Code Section 9.60.320 to refine procedures for requesting, submittal, and review of applications for reasonable accommodation. The City continues to facilitate development of accessible housing for all its residents. This program is ongoing and will be extended into the 2022-2029 planning period. § Program H-5.5.a: Regional Facilities for the Homeless Continue to support and collaborate with the Coachella Valley Association of Governments Homelessness Committee efforts to maintain a regional homeless facility that provides housing as well as supportive services. Continue to contribute, if funds allow, $250,000 annually to CVAG’s efforts to provide housing and support services across the Coachella Valley. § Timing: City staff will continue to collaborate with CVAG throughout the planning. § Funding Source: General Fund § Responsible Agency: Community Development Department 336 23 Evaluation: The City participated in and collaborated with CVAG's Homelessness Committee to provide supportive programs for homeless people in the Coachella Valley. After the closure of Roy’s Desert Resource Center in 2017, CVAG contracted with a non-profit to operate its Coachella Valley Housing First program and initiated the CVHEART program to coordinate and expand regional homelessness efforts. The City worked with homeless shelters and re-housing programs directly and through CVAG. Continuing support of these programs will be extended into the 2022-2029 planning period. § Program H-5.5.b: Transitional Housing and Permanent Supportive Housing Transitional housing typically accommodates homeless people for up to two years as they stabilize their lives and does not meet emergency needs. Transitional housing includes training and services that are vital for rehabilitating and enriching the lives of the formerly homeless. Transitional housing facilities provide families and individuals with a safe place within which to rebuild their lives and prepare for independence. Permanent supportive housing is affordable housing with on- or off-site services that help a person maintain a stable, housed, life. § Objective: The Zoning Ordinance shall allow transitional and supportive housing as a residential use in all zones which allow for residential development, and subject only to those restrictions that apply to similar residential uses (single or multi-family units) of the same type in the same zone, and will not be subject to any restrictions not imposed on similar dwellings, including occupancy limits. § Timing: Coordinate with 2009/2011 General Plan Update § Funding Source: General Fund § Responsible Agency: Planning Department Evaluation: Several zoning ordinance amendments were completed in the 2014-2021 planning period. The amendments define homeless shelters and transitional shelters; allow transitional and supportive housing with a conditional use permit in the Medium Density, Medium-High Density, and High Density Residential zones; and allow transitional shelters with a conditional use permit within Regional Commercial and Major Community Facilities zones. Emergency shelters are allowed in all commercial zones. This program was completed and will not be extended into the 2022-2029 planning period. 337 24 § Program H-5.5.c: Fair Housing Referrals Fair housing organizations provide dispute resolution and legal assistance to tenants and landlords in conflict. Such services are particularly important for lower and moderate income households unable to afford counsel. § Objective: Continue to refer tenants and landlords to the Fair Housing Council of Riverside County. Provide information on fair housing resources on the City’s website and at City Hall. Identify and coordinate with local nonprofits, service organizations and community groups that can assist in distributing fair housing information. § Timing: Referral service as needed. Information to be placed on website and local groups identified by January 2014 § Funding Source: General Fund § Responsible Agency: Community Development Department Evaluation: City staff referred residents to the County Fair Housing Council as needed. The City website provides information on the Fair Housing Council of Riverside County (FHCRC) and how to contact the FHCRC. This program is ongoing and will be extended into the 2022-2029 planning period. § Program H-5.5.d: Directory of Services While numerous services are available to special needs and lower income households, it can be difficult to readily have access to these resources. A directory provides the contact information necessary to seek housing assistance. § Objective: Develop an online directory of services and information to provide La Quinta residents with contact information for community organizations and service providers that address special needs. § Timing: Update website by March 2014 § Funding Source: General Fund § Responsible Agency: Community Development Department Evaluation: The City website includes directories of affordable rental and ownership housing developments, as well as information about senior home purchase loan programs, personal finance resources, and other housing resources. City housing staff will continue to add additional information as needed. This program involves ongoing efforts and will be extended into the 2022-2029 planning period. 338 25 Energy and Water Conservation GOAL H-6.1 Provide a regulatory framework that facilitates and encourages energy and water conservation through sustainable site planning, project design, and green technologies and building materials. v Policy H-6.1 Promote higher density and compact developments that increase energy efficiency and reduce land consumption. Evaluation: The zoning ordinance was amended in 2017 to include standards for mixed use and planned unit development (PUD). The purpose of the PUD is to allow flexibility in the design of residential projects, and encourage the development of creative, high-quality residential projects that provide attractive living environments in a setting that is different from standard single family home development. The City also continues to promote energy efficiency through rebate programs provided by utility companies and other agencies. This policy is ongoing and will be extended into the 2022-2029 planning period. v Policy H-6.2 Facilitate housing development and rehabilitation that conserves natural resources and minimizes greenhouse gas emissions. Evaluation: New and renovated units at Washington Street Apartments were completed in 2019 and built to meet or exceed the most recent energy efficient building standards. Energy-conserving materials and systems include faucet flow restrictors, Energy Star-rated appliances and roofs, dual-glazed windows, and vented kitchen range hoods. The City website provides information about numerous home energy efficiency products, programs, and services, including financial assistance and residential rebate programs, that help homeowners conserve natural resources and reduce greenhouse gas emissions. This policy is ongoing and will be extended into the 2022-2029 planning period. v Policy H-6.3 Encourage and enforce green building regulations or incentives that do not serve as constraints to the development or rehabilitation of housing. 339 26 Evaluation: The City adopts and enforces the California Building Code (CBC) and California Green Building Standards Code per State requirements. The 2019 CBC updates include solar and green building requirements. This policy will be extended into the 2022-2029 planning period. v Policy H-6.4 Focus sustainability efforts on measures and techniques that also assist the occupant in reducing energy costs; therefore reducing housing costs. Evaluation: The City has supported several residential developments that incorporate sustainable efforts and help reduce the occupant’s energy costs. These properties include Coral Mountain Apartments and Washington Street Apartments for disabled seniors and veterans; both were completed during the 2014-2021 planning period. The City continues to promote its Greenhouse Gas Reduction Plan and implement sustainability principles and measures in the General Plan. This policy will be extended into the 2022-2029 planning period. v Policy H-6.5 Use and encourage emerging technologies to reduce high demands for electricity and natural gas including use of passive solar devices and where feasible other renewable energy technologies (e.g., biomass, wind, and geothermal). § Program H-6.5.a: Green and Sustainable La Quinta Program Continue to implement the Green and Sustainable La Quinta Program. § Objective: Implement green goals, policies, and programs that accurately represent the City’s direction in resource conservation and minimizing greenhouse gas emissions. Implement design standards for residential and commercial structures that encourage solar protection to directly result in energy conservation. § Timing: As projects are proposed § Funding Source: General Fund § Responsible Agency: Community Development Department Evaluation: The Green and Sustainable La Quinta Program includes providing information on the City’s website about home improvement programs, financial resources and rebates, recycling programs, water and energy 340 27 conservation measures, and other resources that facilitate resource conservation and greenhouse gas emission reductions. The City adopted and enforces the 2019 California Building Code and California Green Building Code that require design standards that encourage solar protection to directly result in energy conservation. The City also implements the policies and programs of its Greenhouse Gas Reduction Plan and General Plan. This program is ongoing and will be extended into the 2022-2029 planning period. § Program H-6.5.b: Energy Conservation Partners In working toward a sustainable La Quinta, the City and its residents will need to collaborate with utilities and service providers. Partnerships with the Coachella Valley Water District, Imperial Irrigation District, Southern California Gas, Burrtec Waste and Recycling Services, Sunline Transit District, Coachella Valley Association of Governments, Southern California Association of Governments and other entities will be an important component of making La Quinta a more livable city. § Objective: Continue to meet with and seek insight from utilities, service providers, and other entities involved in energy conservation efforts appropriate for La Quinta. § Timing: As part of regular coordination meetings with utilities § Funding Source: General Fund § Responsible Agency: City Manager’s Office/Community Development Department Evaluation: The City coordinates with utility companies to promote and implement energy conservation programs in residential construction. The City website includes descriptions of and contact information for home improvement energy conservation measures and financing programs, including rebates, offered by SoCalGas, Imperial Irrigation District, CVWD, and Burrtec Waste and Recycling. Development plans and construction activities are closely coordinated with utilities during planning and operational purposes. This program is ongoing and will be extended through the 2022-2029 planning period. § Program H-6.5.c: Imperial Irrigation District Programs The Imperial Irrigation District (IID) is proactive in energy savings via conservation programs, product rebates, and general tips. An average home owner can save up to 10 percent on energy/energy bills by taking advantage of IID programs. Home owners can utilize the free “Check Me!” program, which checks the 341 28 refrigerant charge and airflow of their air conditioning/heating units. IID also offers a rebate on the purchase of higher efficiency air conditioning units, high efficiency refrigerators, programmable thermostats, and ENERGY STAR equipment. City staff has held several meetings with IID representatives to discuss opportunities for collaboration to conserve energy in La Quinta, including water management opportunities for golf courses and golf-oriented communities. § Objective: Maintain contact with IID to market energy efficiency programs and rebates that are most beneficial to La Quinta residents and homeowners. § Timing: Quarterly through Desert Cities Energy Partnership meetings § Funding Source: General Fund, IID program funds, and potential AB 811 special assessment district funds § Responsible Agency: City Manager’s Office/Community Development Department Evaluation: The City’s Going Green website provides information on IID programs and rebates through links to their websites, including the Residential ENERGY STAR product rebate program. IID continues to offer free, in-home residential and commercial energy audits and follow-up lists of recommendations intended to reduce electricity consumption and costs. The City promotes these programs through meetings with Homeowners’ Association boards and various City sponsored events to encourage La Quinta residents and businesses to sign up for energy audits and reduction programs. However, IID’s future is currently unknown; in addition to continuing to recommend IID as a conservation resource, the City will need to explore additional opportunities for residents to acquire energy savings via conservation programs, products, rebates, and general tips. This program will be modified for the 2022-2029 planning period. § Program H-6.5.d: Weatherization Assistance The Federal Department of Energy’s Weatherization Assistance Program, in conjunction with state and local programs, provide low or no cost weatherization and insulation services to reduce the heating and cooling costs for low income households. § Objective: Encourage low income homeowners or renters to apply for free energy audits, home weatherization, and utility rebate programs by advertising available programs on the City’s website and at City Hall. 342 29 § Timing: Advertise annually as program funds are available § Funding: General Fund § Responsible Agency: Building and Safety Department, City Manager’s Office Evaluation: The City website and distribution materials/flyers describe and provide contact information for Imperial Irrigation District’s free energy audits for homes, home energy efficiency surveys, financing programs and tax credits, and rebates and incentive programs. The City also promotes SoCalGas’ free energy and water conservation kit for residential customers and no-cost, energy-saving home improvements for income-qualified homeowners and renters. This program is successful and will be extended into the 2022-2029 planning period. However, the focus will continue to be on local and regional, not federal, programs, which will be reflected in revisions to the program. PUBLIC PARTICIPATION California Government Code requires that local governments make a diligent effort to achieve public participation from all economic segments of the community in the development of the housing element. The City’s public outreach efforts focused on community and stakeholder workshops, information disseminated through the City’s website, electronic mail notifications, and public hearings. Together, this input helped the City understand and respond to the housing needs of the community. The Housing Element draft was also posted on the City’s website. Community and Stakeholder Workshops Workshop invitations were sent to local and regional development entities, advocacy groups, and interested parties via email. In addition, workshops were advertised on the City’s website and in email blasts to the City’s extensive resident email list. The workshops consisted of a Planning Commission presentation, two City Council updates, a Housing Commission presentation and a public workshop attended by more than 15 community members. The comments received at these workshops included the following, which are addressed in this Housing Element: v Concerns about how to address overpayment by both owners and renters. v The difficulty of financing new projects, which now require two or three times as many funding sources as in the past. 343 30 v Concerns regarding whether short term vacation rentals are impacting the availability of housing for permanent residents. v Assuring that land inventory sites for all types of housing. v Assuring that development standards, fees and processing times reflect the needs of affordable housing projects. v January 12, 2021 to present the process of the Update, discuss the City’s RHNA allocation and seek input from the Commission. The Commission had no questions or comments. v Joint Planning Commission and City Council Study Session on August 3, 2021, to inform the members on the comments received by HCD, and discuss the distribution of sites. The members had several questions and comments on the need for housing, including creative housing solutions like tiny homes; the City’s ongoing efforts to provide it, and the challenges associated with funding projects. The comments and questions led to amendments and additions to policies and programs which are included in this Element. The participants’ concerns were considered in the preparation of the goals, policies and programs, including additions and changes that further commit the City to partnering with affordable housing developers in the development of projects in the future; the City’s recent actions to limit short term vacation rentals; and including inventory sites of varying sizes and locations close to services, transit, schools and job centers. The Element was posted on the City’s website, and a public comment period provided from September 10 to 24, 2021. The public comment period was advertised through Facebook and Instragram posts, and a Nextdoor announcement from the City, and an email blast to all those invited to the community workshops (see Appendix A). City received no comments during the comment period. State Review and Public Hearings The Draft Element was submitted to the California Department of Housing and Community Development (HCD) for review and certification. The City has received and responded to review comments from HCD to address its concerns. Once the document has been certified by HCD, the Housing Element Update will be presented in public hearings before both the Planning Commission and City Council, with the documents available for public review at City Hall and on the City’s website. 344 31 HOUSING VISION STATEMENT A Housing Vision Statement was developed based on key housing issues and through cooperation of the citizens and elected officials of the City of La Quinta when the General Plan was adopted. It has been reviewed periodically, but remains true to the City’s goals and aspirations. The housing policies and programs included in this Housing Element are designed to bring this vision to fruition. “The City of La Quinta’s vision of the future for housing focuses on encouraging the provision of suitable housing for all City residents while maintaining and enhancing the City’s high quality of life for its residents. Through its housing programs, the City will facilitate the maintenance and improvement of its existing housing stock resources, and encourage the production of a variety of new housing to meet residents’ needs, while preserving the overall character of the City.” COMMUNITY PROFILE The housing needs of the City are determined by characteristics of the population (age, household size, employment, and ethnicity) and the characteristics of housing available to that population (i.e., number of units, tenure, size, cost, etc.). This section explores the characteristics of the existing and projected population and housing stock in order to identify potentially unmet housing needs in La Quinta. This information provides direction in updating the City’s Housing Element goals, policies, and programs. The demographics used in this section are derived from US Census data for 2000 and 2010; US Census American Community Survey (ACS) 3 and 5 year estimates data, California Department of Finance, and the City of La Quinta. Population The City of La Quinta is one of nine cities in the Coachella Valley subregion of Riverside County. The Coachella Valley includes the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, lndio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage, as well as large areas of unincorporated Riverside County. La Quinta ranks high in population growth among California’s 482 cities. During the 1990s, the population of La Quinta grew by 111.3 percent, making it the fastest growing city in the Coachella Valley at the time. The 345 32 number of residents in the City increased from 11,215 to 37,467 between 1990 and 2010. The population further increased to 40,704 by 2018, a smaller increase of 8.6 percent compared to the previous two decades. The absolute increase in population for cities in the Coachella Valley provides another perspective for analysis when size is taken into consideration. For example, Indio grew by the greatest number of people from 2010 to 2018, with an increase of approximately 15,199 people. La Quinta experienced the fourth largest numerical increase, with an added population of 3,237. Table II-2 Population Growth City/Region 2000 2010 Census 2018 ACS 2000-2010 2010-2018 % # % # La Quinta 23,694 37,467 58.1 13,773 40,704 8.6 3,237 Coachella Valley 255,788 346,518 35.5 90,730 382,296 10.3 35,778 Riverside County 1,545,387 2,189,641 41.7 644,254 2,383,286 8.8 193,645 Source: 2000 and 2010 Census; American Community Survey 2014-2018 5-Year Estimates Table II-3 Population Growth In Coachella Valley Cities City 2000 2010 Census 2018 ACS Change 2000-2010 Change 2010–2018 % # % # Cathedral City 42,647 51,200 20.1 8,553 54,037 5.5 2,837 Coachella 22,724 40,704 79.1 17,980 44,849 10.2 4,145 Desert Hot Springs 16,582 25,938 56.4 9,356 28,430 9.6 2,492 Indian Wells 3,816 4,958 29.9 1,142 5,317 7.2 359 Indio 49,116 76,036 54.8 26,920 91,235 20.0 15,199 La Quinta 23,694 37,467 58.1 13,773 40,704 8.6 3,237 Palm Desert 41,155 48,445 17.7 7,290 52,124 7.6 3,679 Palm Springs 42,807 44,552 4.1 1,745 47,525 6.7 2,973 Rancho Mirage 13,249 17,218 30.0 3,969 18,075 5.0 857 Total 255,790 346,518 35.5 90,728 382,296 10.3 35,778 Source: 2000 and 2010 Census; American Community Survey 2014-2018 5-Year Estimates Seasonal Population The seasonal or part time resident population is not included in the population estimates compiled by the Census Bureau because people are classified according to the location of their primary residence. The California Department of Finance (DOF) provides a yearly estimate of total built housing units and an estimate of the number of vacant units. 346 33 In resort communities like La Quinta, the number of vacant units reflects the number of units that are not occupied year-round, as well as those that are ready for year-round occupancy but have not been inhabited. According to the 2010 Census, the overall vacancy rate for La Quinta is 36.9%, while the seasonal vacancy rate is 27.5%. According to the 2018 ACS Census, the overall vacancy rate for La Quinta is 38.3%, while the seasonal vacancy rate is 31.8%. Age Composition Table II-4, Age Distribution, shows the change in age groups from 2010 to 2018. In 2018, children and youth groups (ages 0–19) comprised 23.8 percent of the population, young and middle-age adults (20 to 54 years) represented 36.5 percent and all age groups over 55 years made up 39.8 percent. The data show that the population is slowly aging. In 2018, the median age in La Quinta was 47.1 years, significantly older than Riverside County and the State of California averages of 35.8 and 36.7 years, respectively. This represents a 3% increase in the City’s median age since 2010, when the median age was 45.6 years. Table II-4 indicates that the rate of growth in the 0-19 age groups slightly declined from 2010 to 2018. The 20-54 age groups reflect a slower growth rate, making up 2.8% less of the City’s population in 2018. Conversely, growth in the 55+ age category shows a 3.5% increase in the share of City population compared to 2010. Table II-4 Age Distribution Age Group 2010 2018 # % # % Under 5 years 1,784 4.8 2,048 5.0 5 to 9 years 2,136 5.7 2,549 6.3 10 to 14 years 2,624 7.0 2,212 5.4 15 to 19 years 2,544 6.8 2,877 7.1 20 to 24 years 1,629 4.3 1,635 4.0 25 to 34 years 3,239 8.6 3,567 8.8 35 to 44 years 4,457 11.9 4,231 10.4 45 to 54 years 5,435 14.5 5,413 13.3 55 to 59 years 2,652 7.1 2,849 7.0 60 to 64 years 3,151 8.4 3,318 8.2 65 to 74 years 4,989 13.3 5,929 14.6 75 to 84 years 2,217 5.9 3,127 7.7 85 years & over 610 1.6 949 2.3 Total 37,467 100 40,704 100 Median age 45.6 47.1 Source: 2010 U.S. Census Tables P12 and P13; American Community Survey 2014-2018 5-Year Estimates, Tables DP05 and B01002 347 34 Race and Ethnicity Table II-5 describes the racial and ethnic distribution of the population for 2010 and 2018. Residents who categorize themselves as white comprise the largest race/ethnicity. The distribution remains largely stable from 2010 to 2018 with a small increase in the Asian group and a decrease in the American Indian and Alaska Native group. The percentage of Hispanic or Latino residents increased slightly from 30.3% to 34.1%. Table II-5 Population by Race/Ethnicity Race/Ethnicity 2010 2018 # % # % One Race White 29,489 78.7 32,239 79.2 Black or African American 713 1.9 772 1.9 American Indian and Alaska Native 230 0.6 48 0.1 Asian 1,176 3.1 1,529 3.8 Native Hawaiian and Other Pacific Islander 41 0.1 20 <0.1 Some Other Race 4,595 12.3 4,757 11.7 Two or More Races 1,223 3.3 1,339 3.3 Total 37,467 100 40,704 100 Hispanic or Latino (of any race) 11,339 30.3 13,872 34.1 Source: 2010 U.S. Census, Tables P3 and P12H; American Community Survey 2014-2018 5-Year Estimates, Table DP05 Employment The economy of the Coachella Valley was traditionally agriculture- driven, but has gradually shifted to tourism, service industries, and residential uses. Although employment patterns typically induce housing demand, the regional economy of the Coachella Valley differs from most parts of the state. Here, employment is created by housing demand, manifested in the construction and staffing of resorts and second homes. Tourism and resort development are leading indicators that predict employment and housing demand. Although the tourist economy is seasonal in the Coachella Valley, it is generally stable and does not typically suffer the severe effects of recessions as do other regions dependent on manufacturing and consumer related goods. And with the benefit of desert weather, the resorts in the La Quinta area are increasingly operating year-round. There is, however, some seasonal fluctuation in the labor market, which can further compound the problem of economic stability in the lower income sectors of the labor force, affecting their ability to sustain themselves in the off season (summer) months. 348 35 According to the US Census Bureau (2014-2018 American Community Survey), in 2018 the civilian labor force over 16 years comprised 17,180 persons. Table II-6 shows the types of employment by industry held by La Quinta residents in 2018. The majority of jobs held by La Quinta residents were in “educational services, health care, and social assistance”, followed by “arts, entertainment, recreation, accommodation, and food service” industries, “retail trade,” and “professional, scientific, management, administrative, and waste management” industries. As shown in Table II-7, more than one-third (37.1%) of the City’s civilian employed labor force is employed in “management, business, science, and arts” occupations, followed by “sales and office” occupations (26.5%) and “service” occupations (20.8%). Table II-8 shows the major employers in the City of La Quinta. The largest employers are in the nonmanufacturing economy and are directly related to the provision of services, including education, big box retail, and recreational and resort activities. In 2019 the City surveyed its major commercial and hospitality facilities to identify major employers in the city limits. The largest employers surveyed include Desert Sands Unified School District, La Quinta Resort & Club/PGA West, Wal-Mart, Costco, and Home Depot. The Great Recession, with onset in late 2007, saw high unemployment and job losses in the Coachella Valley. At the lowest point, about every seventh person lost their job.1 Regional employment started to increase in 2011, but annual growth was still slower than pre-Recession levels until 2017, suffering more impact than western Riverside County, the state, and nation. The construction sector was hit hardest regionally, with approximately 70% of jobs lost and only 14% recovered by December 2017.2 The Retail Trade and Wholesale Trade sector lost around 6,700 jobs but has basically returned to pre-Recession levels. Two sectors have fully recovered and even added jobs: Education and Health Services and, to a lesser extent, Leisure and Hospitality. Between 2012 and 2019, annual unemployment rates in La Quinta saw an overall decline from a high of 7.5% in 2012 to a low of 4.1% in 2019.3 However, analysis of employment data from 2005 to 2017 shows that, as of December 2017, La Quinta had not fully recovered the job losses it incurred during the Great Recession. The City lost about 30% of jobs, 1 2019 Greater Palm Springs Economic Report, Coachella Valley Economic Partnership, Figure 24. 2 Ibid, Figures 25 and 26. 3 California Employment Development Department annual unemployment rates (labor force), not seasonally adjusted, not preliminary. 349 36 relative to peak employment, and had recovered only about 5%.4 This scenario is roughly the same for seven other Coachella Valley cities; only Palm Springs and Rancho Mirage had recovered and exceeded their previous peaks. Future employment opportunities for City residents will include a variety of new retail, service, and entertainment jobs at the luxury Montage and Pendry hotels that are under construction at the SilverRock Golf Resort, a Residence Inn recently constructed on Highway 111, as well as other development resulting from the City’s 2019 Highway 111 Corridor Plan. CV Link, a 49-mile long regional, multimodal pathway under construction, will run north of the Highway 111 corridor and is anticipated to support new business and employment opportunities. Table II-6 Employment by Industry (2018) Industry Employed Persons % of Employed Persons Agriculture, forestry, fishing, hunting, mining 352 2.0 Construction 1,056 6.1 Manufacturing 691 4.0 Wholesale Trade 242 1.4 Retail Trade 2,479 14.4 Transportation and warehousing, and utilities 657 3.8 Information 199 1.2 Finance, insurance, real estate, rental, leasing 1,309 7.6 Professional, scientific, management, admin., waste management 1,977 11.5 Educational services, health care, social assistance 3,373 19.6 Arts, entertainment, recreation, accommodation, food services 2,947 17.2 Other services, except public administration 1,021 5.9 Public Administration 877 5.1 Total civilian employed 16 years and over 17,180 100.0 Source: American Community Survey 2014-2018 5-Year Estimates, Table S2403 4 2019 Greater Palm Springs Economic Report, Coachella Valley Economic Partnership, Figure 28. 350 37 Table II-7 Employment by Occupation (2018) Occupation # % Management, business, science, and arts occupations 6,368 37.1 Service occupations 3,577 20.8 Sales and office occupations 4,547 26.5 Natural resources, construction, and maintenance occupations 1,588 9.2 Production, transportation, and material moving occupations 1,100 6.4 Total civilian employed population 16 years and over 17,180 100.0 Source: American Community Survey 2014-2018 5-Year Estimates, Table S2401 Table II-8 Principal Employers in City of La Quinta Name of Employer Employed Persons Description Desert Sands Unified School District 2,852 Government La Quinta Resort & Club/ PGA West1 1,412 Hotel & Golf Resort Wal-Mart Super Center 300 Retailer Costco 290 Retailer Home Depot 212 Retailer Target 180 Retailer Lowe’s Home Improvement 150 Retailer Imperial Irrigation District 134 Utility Company In N Out 84 Fast Food Restaurant Vons 83 Grocery Store Rancho La Quinta 77 Golf Resort Traditions Golf Club 71 Golf Resort Source: City of La Quinta 2018/19 Comprehensive Annual Financial Report. 1 La Quinta Resort & Club and PGA West are accounted for as one entity; as such, their employment numbers are reported together as of FY 2015-16. Many La Quinta residents work in other communities, and many residents from other cities work in La Quinta. Table II-9 describes the employment locations of La Quinta residents. As shown, only 23.1% of City residents work in La Quinta. A quarter (25.0%) work in Palm Desert. 351 38 Table II-9 Commuting Patterns Where La Quinta Residents Work No. of La Quinta Residents % of Total Indio 1,087 14.1 Cathedral City 254 3.3 Palm Desert 1,933 25.0 Palm Springs 827 10.7 Coachella 438 5.7 La Quinta 1,788 23.1 Desert Hot Springs 44 0.6 Rancho Mirage 879 11.4 Indian Wells 484 6.3 Source: 2019 Greater Palm Springs Economic Report, Coachella Valley Economic Partnership, Table 6. Based on 2015 data. General Income Characteristics Income can often vary significantly by region, industry, and type of job. Table II-10 describes average income per worker by industry in the Coachella Valley. As shown, the highest-paying sectors are Finance/Insurance/Real Estate, Government, and Information, with incomes averaging around $50,000 to $60,000. The lowest-paying sectors include Retail Trade, Other Services, and Leisure and Hospitality, with incomes averaging around $31,000. Table II-10 Average Income by Industry, Coachella Valley Industry Average Income per Worker, 2017 Agriculture $29,571 Construction $45,488 Manufacturing $46,340 Retail Trade $32,281 Information $50,493 Finance, Insurance, Real Estate $59,726 Professional and Business Services $43,736 Education and Health Services $48,322 Leisure and Hospitality $31,513 Government $58,711 Other Services $31,836 Logistics $45,114 Source: 2019 Greater Palm Springs Economic Report, Coachella Valley Economic Partnership, Figure 29 The median household income in La Quinta in 2018 was $79,889, higher than the Riverside County median household income of $63,948. Since 2010, the median income for La Quinta residents has increased, with the 2010 median family income reported as $57,768 for the County of Riverside and $67,444 for the City of La Quinta. Household income estimates (2018) by total households are provided in Table II-11. 352 39 Table II-11 2018 Household Income Estimates Income Category Households % of Households Less than $10,000 901 5.8% $10,000 - 14,999 386 2.5% $15,000 - 24,999 846 5.5% $25,000 - 34,999 1,384 8.9% $35,000 - 49,999 1,771 11.4% $50,000 - 74,999 2,201 14.2% $75,000 - 99,999 1,792 11.6% $100,000 – 149,999 2,872 18.5% $150,000 – 199,999 1,254 8.1% $200,000 or more 2,098 13.5% Total 15,505 100.0% Median Income $79,889 Source: American Community Survey 2014-2018 5-Year Estimates, Table DP03 HOUSING PROFILE This section provides an overview of La Quinta’s existing housing stock. Since the establishment of the La Quinta Hotel in 1926, La Quinta has been considered a world class resort and has been a favored location for vacation and retirement homes. Generally, single-family residences were constructed on an individual basis from the 1950s until the La Quinta Country Club area was developed in the 1960s. In 1975, a brief building boom began due to speculation. Recessions in the 1980s and early 1990s resulted in an oversupply of housing and little construction in the City. A rebound occurred beginning in the late 1990s. As a result, the City has seen a rapid increase in residential development of all types, but predominantly single-family units. There are many projects clustered around recreation amenities. In many of these communities, second units and guest houses (typically used to house guests, extended family members, and service workers) are processed concurrently with the primary unit. The bust of subprime lending practices in the early and mid-2000s led to the Great Recession, which resulted in a steep decline in home values, rapid increase in foreclosures, and decrease in the number of households eligible to enter the ownership housing market. Construction of new housing slowed in La Quinta and many regional and national markets. 353 40 Housing Characteristics Between 2012 and 2019, the number of housing units in the City increased by 1,179 units from 23,585 to 24,764 units. This change represents a 5.0 percent increase (see Table II-12). There are five types of housing units for which data is presented in Table II-12: detached and attached single family units, multifamily in a building of 2 to 4, or 5 or more units, and mobile homes. The predominant type of dwelling unit in the City of La Quinta continues to be single-family detached. Together, detached and attached single-family homes comprised 88.0 percent of all units in the City in 2019. The number of multifamily (5 or more) units in the City increased by 31.9% from 2012 to 2019, although multifamily units represented 11.1 percent of the total housing stock in 2019. Table II-13 shows the number of building permits issued for new residential construction in La Quinta between January 1, 2014 and December 31, 2020, covering nearly all of the 2014-2021 planning period. The data show that 944 permits were issued. The majority (92.7%) were for single-family detached units, 4.0% were for single-family attached units, 2.2% were for multi-family 3-4 units, and 1.1% were for multi-family 5+ units. Table II-12 Housing Stock Trends – 2012 to 2019 Building Type 2012 2019 Change 2012– 2019 Units % of Total1 Units % of Total1 # % Single-Family Detached 18,622 79.0 19,310 78.0 688 3.7 Single-Family Attached 2,387 10.1 2,476 10.0 89 3.7 Multifamily, 2-4 units 1,127 4.8 1,140 4.6 13 1.2 Multifamily, 5 or more units 1,218 5.2 1,607 6.5 389 31.9 Mobile Homes 1 231 1.0 231 1.0 0 0 Total Dwelling Units 23,585 100.0 24,764 100.0 1,179 5.0 Source: Department of Finance Table E-5, 2012 and 2019. 1 differences due to rounding 354 41 Table II-13 New Residential Construction, 2014-2020 Building Permit Type No. of Permits1 Percent of Total Residential Dwellings: Single-Family Detached 875 92.7% Single-Family Attached 38 4.0% Multi-Family 3-4 units 21 2.2% Multi-Family, 5+ units 10 1.1% Total Permits: 944 100.0% Source: La Quinta Building Division 1 Permits issued between 1/01/14 through 12/31/20 Households Before current housing problems can be understood and future needs anticipated, housing occupancy characteristics need to be identified. The following is an analysis of household type, growth, tenure, and vacancy trends. By definition, a “household” consists of all the people occupying a dwelling unit, whether or not they are related. A single person living in an apartment is a household, just as a couple with two children living in the same dwelling unit is considered a household. From 2010 to 2018, the number of La Quinta households grew from 14,802 to 15,505 at a 4.6% rate, as shown in Table II-14. In 2018, the majority of households (56.7%) consisted of married couple families, followed by non-family households (29.2%). Table II-14 Household Growth Trends (2010 – 2018) Year Number of Household s # Increase % Increase 2010 14,820 - - 2018 15,505 685 4.6 Source: 2010 U.S. Census, Table P28; American Community Survey 2014-2018 5-Year Estimates, Table DP02 355 42 Table II-15 Household Types Household Type No. of Households % of Total Family households: 10,977 70.8 Married couple family 8,797 56.7 Male householder, no wife present 747 4.8 Female householder, no husband present 1,433 9.2 Non-family households 4,528 29.2 Total Households 15,505 100 Average Household Size 2.62 Source: American Community Survey 2014-2018 5-Year Estimates, Table DP02 Housing Tenure The number of owner-occupied housing units in the City has not fluctuated much since 2010. In 2018, La Quinta owners occupied 76 percent of total units in the City, compared to 75.2 percent in 2010. Vacancy The vacancy rate is a measure of the general availability of housing. It also indicates how well the types of units available meet the current housing market demand. A low vacancy rate suggests that many households have found housing. However, fewer vacant housing units remain available and households needing housing may have difficulty finding housing within their price range. A high vacancy rate may indicate either the existence of a high number of units undesirable for occupancy or an oversupply of housing units. As shown in Table II-16, the vacancy rate in La Quinta was 38.3 percent (9,638 units) in 2018, reflecting the seasonal resort character of the City. Among the vacant units, 31.8 percent of total housing units in the City are for seasonal, recreational, or occasional use. On that basis, the City’s actual net vacancy rate is 6.5%, including 353 units available for rent, 596 available for sale, 271 rented or sold and awaiting occupancy, and 414 of other vacant status. Of the 15,505 (61.7%) occupied housing units in the City, about 71.8% are owner-occupied, and 28.2% are renter-occupied. The homeowner vacancy rate is 5.0%, and the rental vacancy rate is 7.4%, both of which are moderately low. 356 43 Table II-16 Vacancy Status Vacancy Status Units Percentage Occupied Units Owner-occupied 11,125 44.2 Renter-Occupied 4,380 17.4 Subtotal 15,505 61.7 Vacant Units For rent 353 1.4 Rented, not occupied 28 0.1 For sale only 596 2.4 Sold, not occupied 243 1.0 For seasonal, recreational, or occasional use 8,004 31.8 For migrant workers 0 0 Other vacant 414 1.6 Subtotal 9,638 38.3 Total Units 25,143 100 Vacancy Rate: Homeowner vacancy rate - 5.0 Rental vacancy rate - 7.4 Source: American Community Survey 2014-2018 5-Year Estimates, Tables DP04 and B25004 Age and Condition of Housing Housing age is a factor for determining the need for rehabilitation. Without proper maintenance, housing units deteriorate over time. Also, older houses may not be built to current housing standards for fire and earthquake safety. Approximately 71.4 percent of the housing stock in the City of La Quinta has been built since 1990, and about 44 percent of the current stock has been constructed since 2000 (see Table II-12). Less than 5 percent was constructed prior to 1970. The oldest homes in the City are found in the Cove neighborhood. Of the older single-family homes, many are well maintained and are mostly occupied by long term residents. A small proportion of older homes have not been well-maintained. These homes are typically smaller than new homes in the City; some less than 1,000 square feet. As land values increase, it will become economically viable to replace or rehabilitate some of these structures. These homes are primarily in the Cove area and behind City Hall. 357 44 Outside of the Cove area, the homes are generally newer. Many new units in these other areas are custom homes in gated communities and are maintained by their owners in accordance with the requirements of a homeowners association. Table II-17 Age of Housing Stock in La Quinta Year Built Total Percentage After 2014 125 0.5 2010-2013 276 1.1 2000-2009 10,651 42.4 1990–1999 6,901 27.4 1980–1989 4,235 16.8 1970–1979 1,762 7.0 1960–1969 460 1.8 1950–1959 459 1.8 1940–1949 153 0.6 Before 1939 121 0.5 Total Stock 25,143 100.0 Source: American Community Survey 2014-2018 5-Year Estimates, Table DP04 Housing is considered substandard when conditions are found to be below the minimum standards of living defined by Section 1001 of the Uniform Housing Code. Households living in substandard conditions are considered as needing housing assistance even if they are not seeking alternative housing arrangements. According to a 2007 City-wide housing conditions survey (see Housing Conditions Survey, below), the majority of units needing minor or moderate rehabilitation are in the Cove area. Many of the housing units in the Cove area are more than 30 years old. After 30 years homes generally require major rehabilitation, such as a new roof or updated plumbing. Another measure of potentially substandard housing is the number of housing units lacking adequate kitchen and plumbing facilities. In La Quinta, there are 83 units (0.54% of all units) lacking complete kitchens and 61 units (0.39% of all units) lacking plumbing facilities. More homeowner units have deficiencies than rental units. These homes could potentially benefit from rehabilitation programs. 358 45 Table II-18 Housing Units Lacking Facilities Type of Deficiency Owner-Occupied Units Renter-Occupied Units Total No. Total Units in City Percent of Total Units No. Total Units in City Percent of Total Units No. Percent of Total Units Lacking complete kitchen facilities 69 11,125 0.62 14 4,380 0.32 83 0.54 Lacking plumbing facilities 61 11,125 0.55 0 4,380 0 61 0.39 Source: 2014-2018 American Community Survey 5-Year Estimates, Tables B25053 and B25049 Housing Conditions Survey The last citywide survey of housing conditions was conducted in November 2007. Homes were evaluated based on the condition of structural elements (walls, supports, columns), doors and windows, paint and cosmetics, roofing, and landscape and streetscape. The survey found that most homes were in good condition and required little or no maintenance or repairs. Approximately 7% of the housing stock (1,408 units) was categorized as “Deferred Maintenance” and needed minor repairs, such as refreshed paint and landscaping. Thirty- six (36) units were designated “Minor Rehabilitation” and demonstrated numerous deferred maintenance conditions; 83% of these units were in the Cove. Twenty-three (23) units designated “Moderate Rehabilitation” were in a deficient state and needed major roof repair, window replacement, or similar repairs; 87% of them were in the Cove. Four (4) units were designated “Substantial Rehabilitation or Replacement”; they required complete replacement of roofs, walls, and/or other structural elements and their condition endangered the health, safety, or well-being of occupants. The City has not conducted a housing conditions survey since 2007; however, one is planned for fiscal year 2021/2022. The Code Compliance staff is proactive in its work to track property maintenance. As described above, the primary area where maintenance issues occur is in the Cove. The City offers programs that assist homeowners and apartment complex owners with home maintenance and repair costs. Homeowners interested in reducing their utility bills through upgrades now have an alternative to tapping their mortgage for home equity loans. Through partnership with the City of La Quinta, HERO and Ygrene are offering low-fixed interest rates and flexible payment terms of up to 20 years, with repayments made through property taxes. Currently, both programs offer a wide array of home energy products including: windows, skylights, and doors; heating, ventilation, and air conditioning; solar panels; roofing and insulation; 359 46 artificial turf; and drip irrigation. In addition, Ygrene also offers pool pumps and related equipment and lighting products; HERO offers electric vehicle charging stations and water heating products. Rooms per Unit Table II-19 shows the number of bedrooms per unit, ranging from no bedroom (studios) to five or more bedrooms. Table II-19 also describes the number of bedrooms per unit, in relation to the total number of units for both 2011 and 2018. The most prominent change proportionally was in no-bedroom (studio) units, which increased 1.7 percent from 2011 to 2018. This change may be a combination of additional guest houses, a popular addition in the City, and accessory dwelling units, which have in recent years become more common. Table II-19 Bedrooms Per Unit, 2011–2018 Bedrooms Per Unit 2011 % of Total 2018 % of Total % Change 1 Studio (no bedroom) 172 0.8 622 2.5 1.7 1 1,145 5.2 1,307 5.2 0 2 4,046 18.3 4,278 17.0 -1.3 3 11,772 53.3 13,305 52.9 -0.4 4 4,441 20.1 5,125 20.4 0.3 5+ 506 2.3 506 2.0 -0.3 Total 22,082 100 25,143 100.0 ---- Source: 2009-2013 and 2014-2018 American Community Survey 5-Year Estimates, Tables B25041. 1 This category represents percent change in proportional terms. Table II-20 identifies the number of bedrooms in a dwelling unit by tenure. Three-bedroom units constituted the majority of housing stock (approximately 55 and 49.4 percent, respectively) of both owner and rental units. In ownership units, those with two, three, or four bedrooms made up 96.7 percent of units, while the same bedroom mix made up only 82.1 percent of rental units. As would be expected, rental units contained a much higher proportion of one-bedroom units, providing housing for those who are young, mobile or do not earn enough to enter homeownership. 360 47 Table II-20 Bedrooms in Dwelling Unit by Tenure, 2018 Tenure Number Percentage Owner Occupied 11,125 100 Studio (no bedroom) 42 0.4 1 bedroom 93 0.8 2 bedrooms 1,721 15.5 3 bedrooms 6,124 55.0 4 bedrooms 2,912 26.2 5 or more bedrooms 233 2.1 Renter Occupied 4,380 100 Studio (no bedroom) 78 1.8 1 bedroom 697 15.9 2 bedrooms 989 22.6 3 bedrooms 2,165 49.4 4 bedrooms 443 10.1 5 or more bedrooms 8 0.2 Total 15,505 100 Studio (no bedroom) 46 0.8 1 bedroom 686 5.1 2 bedrooms 2,200 17.5 3 bedrooms 7,655 53.5 4 bedrooms 2,952 21.6 5 or more bedrooms 332 1.6 Source: 2014-2018 American Community Survey 5-Year Estimates, Tables B25042. Housing Costs This section discusses values of ownership housing, and average rental prices for rental housing. La Quinta’s for-sale and rental properties range from multimillion-dollar estates to very low-income subsidized units. Home Values The table above compares median housing values in Coachella Valley cities from 2013 to 2018. La Quinta’s median housing value was $348,400 in 2013, which was lower than Rancho Mirage and Indian Wells, but higher than the other cities. Its median value increased 10.8% over the 5- year period, which was the third lowest percent increase in the region. However, the City’s median housing value still ranks third highest in the Coachella Valley. 361 48 Table II-21 Regional Median Housing Value Trends, 2013 – 2018 Jurisdiction Median Value, owner-occupied units % Change 2013-2018 2013 2018 Desert Hot Springs $121,600 $174,900 43.8% Palm Springs $267,800 $367,900 37.4% Cathedral City $179,500 $259,900 44.8% Rancho Mirage $518,000 $499,900 -3.5% Palm Desert $308,000 $335,400 9.0% Indian Wells $604,600 $706,800 16.9% La Quinta $348,400 $386,200 10.8% Indio $192,600 $267,900 39.1% Coachella $137,600 $207,300 50.7% Source: American Community Survey 2009-2013 and 2014-2018 5-Year Estimates, Table B25077 Table II-22 shows that nearly a third (32.5%) of owner-occupied units were valued between $300,000 to $499,999 in 2018, followed by 26% in the $500,000 to $999,999 range and 21.6% in the $200,000 to $299,999 range. Currently, 36% of owner-occupied units are worth $500,000 or more, and 31.6% are valued below $300,000. Table II-22 Housing Values in La Quinta, 2018 Owner-occupied units value Number Percent Less than $50,000 240 2.2% $50,000 to $99,999 153 1.4% $100,000 to $149,999 135 1.2% $150,000 to $199,999 581 5.2% $200,000 to $299,999 2,404 21.6% $300,000 to $499,999 3,612 32.5% $500,000 to $999,999 2,888 26.0% $1,000,000 or more 1,112 10.0% Total 11,125 100 Median (dollars) 386,200 - Source: American Community Survey 2014-2018 5-Year Estimates, Table DP04 New Homes While the volume of new homes shrank by 30.6% from 2017 to 2018, the median price of new homes also decreased by 27.4% from 2018 to 2019.5 Although housing starts do not compare to pre-Recession levels, the market has recovered slowly. 5 Ibid. 362 49 During the 2014-2021 planning period, the City and non-profit organizations arranged financing for rehabilitation and expansion of affordable housing units at the Washington Street Apartments. The project, located on approximately 11.5 acres, included the substantial rehabilitation of all 72 existing units, construction of 68 new units, construction of 2 new community buildings, laundry facilities, a fitness center, and 2 swimming pools. The Coral Mountain project was also constructed during this period, providing 174 low and moderate income units. Currently pending residential housing projects are listed in the following table. As shown, approximately 2,822 single-family and multi-family units are either under review, approved, or under construction. Table II-23 Pending Residential Projects Development Name Acres No. of Dwelling Units Type of Dwelling Units Status Mountain Village Residences 0.22 6 multi-family apts. under review Estate Collection at Coral Mountain 20 57 single-family approved SilverRock Phase 1 46.6 29 Single-family approved Travertine 800 1,200 single-family under review Centre at La Quinta 22 133 multi-family condos approved Desert Club Apartments 0.7 16 multi-family apts. approved Floresta 20.8 82 single-family under construction Residence Club at PGA West 3 11 single-family approved Canyon Ridge 28.3 74 single-family approved Codorniz 15 142 single-family under construction SilverRock Phase 2 30.5 66 hotel branded condos approved Estates at Griffin Lake 30 78 single-family approved Monterra 14 40 single-family in final phase Signature at PGA West 42 230 single-family approved The Peak Mixed Use 0.38 8 multi-family apts. under review La Quinta Penthouses 12.74 8 multi-family apts. under review Jefferson Street Apartments 5.36 42 multi-family apts. under review Coral Mountain Resort 320 600 single-family under review Total Units: 2,822 Rental Costs The rental housing market in La Quinta includes apartments, townhomes, condos/co-ops, and single-family homes. Table II-24 shows median gross rent by number of bedrooms, according to the American Community Survey. The median gross rent is $1,473. 363 50 Table II-24 Median Gross Rent by Bedrooms (2018) No. of Bedrooms Median Gross Rent* No bedroom $797 1 bedroom $396 2 bedrooms $1,206 3 bedrooms $1,731 4 bedrooms $2,176 5+ bedrooms not provided Median Gross Rent: $1,473 * estimated, renter-occupied housing units paying cash rent Source: American Community Survey 2014-2018 5-Year Estimates, Table B25031 Online listings show that current market rental rates generally range from approximately $1,330 to $1,800 for a 1-bedroom unit; $1,400 to $3,500 for a 2-bedroom unit; $2,000 to $4,500 for a 3-bedroom unit; and $2,400 to $5,000 for a 4+-bedroom unit.6 Although rental rates for some units are much higher than reflected in these ranges, they are generally outliers and not reflective of the majority. No studio apartment listings were found in the search. Affordable Rental Units The majority of apartment rental properties are offered at costs comparable to the average rental costs for the Coachella Valley as a whole. The affordability of rental housing in La Quinta is not directly tied to the density of the project; rather, prices range based on condition, on-site amenities, location, and unit size. New rental projects in La Quinta, particularly affordable projects, are incorporating more aspects of sustainable design and green building. There are 28 affordable single-family rental units in La Quinta, all of which have 3 bedrooms. Additionally, there are nine affordable multi- family housing complexes offering a total of 912 affordable multi-family rental units,7 including HUD apartments, Section 8 apartments, public housing apartments, non-profit senior and family low-income apartments, and Low-income tax credit apartments (LIHTC).8 Five of the complexes are available to residents of all ages, including the following: Vista Dunes Courtyard Homes, constructed in 2008, provides 80 rental units affordable to extremely low, very low, and low income households. Vista Dunes was the first very low-income multifamily 6 Rent.com, accessed June 1, 2020. 7 Affordable Housing Program, Single-Family Rental Units and Multi-Family Rental Units, City of La Quinta, updated July 8, 2020. 8 LowIncomeHousing.us, accessed June 1, 2020. 364 51 project of its size in the country to achieve LEED Platinum certification. The project provides a swimming pool, playground, basketball court, and large community multipurpose room. Vista Dunes offers one- to three-bedroom apartments. Wolff Waters Place, built in 2009, includes 216 green-built one- to four- bedroom apartments that are affordable to extremely low, very low, low, and moderate income households. Wolff Waters Place is a Low-Income Housing Tax Credit (LIHTC) project. Aventine Apartments provides 20 units for low and moderate income households. Coral Mountain Apartments includes 174 units for low and moderate income households. Villa Cortina Apartments provides 116 moderate income restricted rentals. Four apartment complexes are dedicated to senior affordable rentals, including: Hadley Villas (79 units) offers extremely low, very low, and low income one-bedroom villas and accepts HUD subsidies. Depending on availability, rent will be based on 30% of the Adjusted Gross Income for persons qualifying for low income housing. Seasons At Miraflores La Quinta is a Low-Income Housing Tax Credit (LIHTC) apartment with 116 extremely low and very low income one- to two-bedroom apartments. The LIHTC gives incentives to builders and developers to provide affordable housing to low income persons. The maximum rent charged is based on the Area Median Income (AMI). Seasons At La Quinta is a Low-Income Housing Tax Credit (LIHTC) apartment and provides 87 extremely low, low, and moderate income apartments. Washington Street Apartments was recently renovated and expanded and re-opened in late 2019. It provides 140 units for extremely low, very low, low, and moderate income seniors, nearly doubling its previous capacity. Thirteen (13) of these units are affordable through Section 8. 365 52 HOUSING NEEDS The following analysis of current City housing conditions addresses housing needs and concerns relative to various segments of the population. Several factors will influence the degree of demand or need for new housing in La Quinta in coming years. The four major “needs” categories considered in this element are: Overpayment: renters and homeowners who pay more than 30 percent of their gross incomes for shelter. Overcrowding: In response to higher housing prices, lower income households must often be satisfied with smaller, less adequate housing for available money. Special Needs: Special needs are those associated with demographic groups that call for very specific program responses, such as preservation of residential hotels or the development of four- bedroom apartments. State law specifically requires analysis of the special housing needs of the elderly, the disabled, single- parent households, large families, farm workers, and homeless persons. Future Housing Needs: To meet future needs of local and regional population and employment growth, SCAG developed the Regional Housing Needs Assessment (RHNA), which establishes both the projected need for non-market-rate housing and the “fair share” distribution of the projected need to each jurisdiction in each market area. Overpayment and Housing Affordability State housing policy recognizes that cooperative participation of the private and public sectors is necessary to expand housing opportunities to all economic segments of the community. Historically, the private sector generally responds to the majority of the community’s housing needs through the production of market-rate housing. However, the percentage of the population on a statewide basis who can afford market-rate housing is declining. The State of California and HUD determined that affordable housing should consume no more than 30 percent of household gross income for lower and moderate-income households. A household spending greater than 30 percent of their gross income on housing is considered to be overpaying. 366 53 Table II-25 lists the percentage of renters and homeowners who overpay for housing, based on 2012-2016 Comprehensive Housing Affordability Strategy (CHAS) data. CHAS data are compiled by the U.S. Department of Housing and Urban Development (HUD) to evaluate the extent of housing problems and needs, particularly for low income households, based on Census data. Approximately 36.8 percent of all households in La Quinta spent more than 30 percent of their income on housing costs (“overpay”). A roughly equal proportion of owner and renter households (36.5% and 37.3%, respectively) experienced overpayment. Among extremely low-income households, 61.5 percent of renters and 78.4 percent of homeowners overpaid for housing. Among very low-income households, 70.8 percent of renters and 85.6 percent of homeowners overpaid for housing. Among low-income households, 64.9 percent of renters and 69.5 percent of homeowners overpaid. Furthermore, many of these households were actually paying more than 50 percent of their gross household income for housing (“severely overpaying”). Note that the proportions of households overpaying or severely overpaying are higher for lower-income households as a group, indicating that the cost burden of overpayment falls disproportionately on lower-income households and renters. These overpayment estimates reflect the need for affordable housing in the City, particularly for lower income households for rental and purchase. 367 54 Table II-25 Overpayment by Income Category and Tenure Household Income1 Owners Renters Households % Households % less than or = 30% HAMFI (Extremely Low Income) 580 870 overpaying 455 78.4 535 61.5 severely overpaying 385 66.4 350 40.2 >30% to less than or =50% HAMFI (Very Low Income) 835 565 overpaying 715 85.6 400 70.8 severely overpaying 475 56.9 220 38.9 >50% to less than or =80% HAMFI (Low Income) 1,375 655 overpaying 955 69.5 425 64.9 severely overpaying 510 37.1 180 27.5 Subtotal: All lower-income households 2,790 2,090 Subtotal: All lower-income HH overpaying 2,125 76.2 1,360 65.1 Subtotal: All lower-income HH severely overpaying 1,370 49.1 750 35.9 >80% to less than or =100% HAMFI (Moderate Income) 755 425 overpaying 415 55.0 125 29.4 severely overpaying 150 19.9 55 12.9 >100% HAMFI (Moderate and Above Moderate Income) 7,080 2,095 overpaying 1,340 18.9 235 11.2 severely overpaying 295 4.2 15 0.7 Total Households 10,625 4,610 Total Households Overpaying 3,880 36.5 1,720 37.3 Total Households Severely Overpaying 1,815 17.1 820 17.8 1 HAMFI = HUD Area Median Family Income. HUD and CA HCD use different terminology/methodology to define Household Income, but they are roughly equivalent. The table above matches HCD’s terminology (“extremely low, very low, low”) commonly used in HE documents to HUD categories, where appropriate. Note that “moderate” refers to 80%-120% of AMI, and thus is noted in two HUD categories accordingly. “Overpaying” is defined as spending >30% of gross household income on housing costs. “Severely overpaying” is defined as spending >50% of gross household income on housing costs. Source: U.S. Dept. of Housing and Urban Development, CHAS data for La Quinta, based on 2012-2016 ACS. A distinction between renter and owner housing overpayment is important because, while homeowners may overextend themselves financially to afford a home purchase, the owner maintains the option of selling the home and may realize tax benefits or appreciation in value. Renters, on the other hand, are limited to the trends of the rental market. Overpayment among the moderate and above moderate-income categories is a reflection of current economic conditions. In addition, some owner households choose to allocate a higher percentage of their disposable monthly income on housing costs because this allocation is justified in light of investment qualities of ownership. 368 55 Table II-26 identifies the affordable rents and purchase prices, by income category, for a one-person household, a two-person household, and a family of four. Affordable rental rates and ownership (mortgage) costs are generally based on 30 percent of gross income. Table II-26 Affordable Housing Costs by Annual Income Income Category1 Annual Income Limit Maximum Affordable Monthly Rent Payment 2 Maximum Affordable Monthly Mortgage Payment 3 Maximum Affordable Home Purchase Price4 Single-Person Household Extremely Low (0-30% of AMI) $15,850 $396 $452 $58,750 Very Low (30%-50% of AMI) $26,400 $660 $753 $97,750 Low (50%-80% of AMI) $42,200 $1,055 $1,054 $136,900 Moderate (80%-120% of AMI) $63,250 $1,581 $1,933 $251,100 Above Moderate (120%+ of AMI) $63,250+ Above $1,581 Above $1,933 Above $251,100 Median $52,700 $1,318 Two-Person Household Extremely Low (0-30% of AMI) $18,100 $453 $508 $66,000 Very Low (30%-50% of AMI) $30,150 $754 $847 $110,000 Low (50%-80% of AMI) $48,200 $1,205 $1,186 $154,000 Moderate (80%-120% of AMI) $72,300 $1,808 $2,174 $282,400 Above Moderate (120%+ of AMI) $72,300+ Above $1,808 Above $2,174 Above $282,400 Median $60,250 $1,506 Four-Person Household Extremely Low (0-30% of AMI) $26,200 $655 $565 $73,450 Very Low (30%-50% of AMI) $37,650 $941 $941 $122,200 Low (50%-80% of AMI) $60,250 $1,506 $1,318 $171,250 Moderate (80%-120% of AMI) $90,350 $2,259 $2,416 $313,650 Above Moderate (120%+ of AMI) $90,350+ Above $2,259 Above $2,416 Above $313,650 Median $75,300 $1,883 1 AMI = area median income. 2 Based on 30 percent of monthly income. 3 From Riverside County/City of La Quinta 2020 Affordable Ownership Housing Cost Limits. Assumes single-person household lives in 1-bedroom unit; 2-person household lives in 2-bedroom unit; 4-person household lives in 3-bedroom unit. 4 Converts the “Maximum Affordable Monthly Mortgage Payment” to a home value, assuming 10% down, 15-year fixed, 4.0% interest rate, 1.25% taxes and homeowner’s insurance monthly. Source: HCD 2020 State Income Limits Affordability of Homeownership Home values have generally increased in the Coachella Valley during 2013 to 2018 (see Table II-21). Some new and fairly new homes are for sale at prices that are affordable to median and moderate-income households (see Table II-22). However, many homes are out of reach for lower income and many moderate households in the City. Table II-22 shows that La Quinta has a wide range of housing values. The median housing value is $386,200. Units valued at less than $100,000, which 369 56 would be affordable to extremely low income households and very low single-person households, comprise only 3.6% of all units in the City. Only 4.8% of ownership units are valued at less than $150,000, and only 10% of ownership units are valued at less than $200,000, which would be in the range affordable to low-income households. Therefore, it could be challenging for extremely low, very low, low, and moderate income households to enter the homeownership market. To expand homeownership opportunities, the City coordinates with nonprofit agencies that provide relief to low-income residents and develop affordable ownership units, and assists with securing third party financing. The City also supports the use of affordable housing rent-to-own transition programs; developers who agree to set aside all or a portion of their units for low-income households can receive federal tax credits under the Low Income Housing Tax Credit (LIHTC) program, and lower income residents have opportunities to invest and gain equity in their homes. The City also provides interested homeowners with information about grants and other resources available for home repairs and/or rehabilitation. Affordability of Rental Costs As shown previously in Table II-26 median rent for a 1-bedroom unit is $396; the above table shows that single-person households in all income categories could afford a monthly rent payment of $396 or higher and, therefore, should be able to afford a 1-bedroom unit. Median rent for a 2-bedroom unit is $1,206; however, the table above shows that two- person households in the extremely low and very low-income categories would not have enough income to afford such a unit. Median rent for a 3-bedroom unit is $1,731; however, the table above shows that four- person households in the extremely low, very low, and low-income categories would not have enough income to afford such a unit. Hundreds of lower and moderate-income households are served by existing affordable housing and other projects. With the market-rate rental market essentially closed to extremely low and very low-income households, however, it is evident that their major source of affordable housing will continue to be found through income-restricted housing projects, housing voucher programs, accessory dwelling units, and employee/guest houses. Overcrowding The Bureau of the Census defines overcrowded housing units as “those in excess of one person per room average” and severely overcrowded housing units as “those in excess of 1.5 persons per room average.” 370 57 Overcrowding may occur when a family or household cannot afford adequate living space, houses extended family members, or is sharing inadequate living space with nonfamily members. When more than one family shares a housing unit it is called doubling. Households with lower incomes may permit overcrowding to derive additional income, or there may be insufficient supply of housing units in the community to accommodate the demand. La Quinta has 577 overcrowded and severely overcrowded housing units, which represents 3.7% of the total 15,505 occupied units in the City. Table II-27 shows that 3.2 percent of the total occupied housing units were moderately overcrowded in 2018, an increase from 2.4 percent from 2009-2011. A higher incidence of overcrowding was experienced among the rental tenure group. Although renter households constituted only 28.2 percent of all households in the City, approximately 10.9 percent of renters experienced overcrowded conditions, with 1.6 percent of all renters experiencing severe overcrowding. In comparison, within owner-occupied households, 0.9 percent experienced overcrowded conditions, with 0.1 percent experiencing severe overcrowding. Table II-27 Overcrowding Status Owner Renter Total Households Number % of Owner s Number % of Renters Number % of Total Not Overcrowded 11,025 99.1 3,903 89.1 14,928 96.3 Moderately Overcrowded 86 0.8 406 9.3 492 3.2 Severely Overcrowded 14 0.1 71 1.6 85 0.5 Total 11,125 100.0 4,380 100.0 15,505 100.0 Source: American Community Survey 2014-2018 5-Year Estimates, Table B25014. Note: Universe is total households in occupied housing units. Housing units that exceed 1.0 or more persons per room are considered moderately overcrowded. Housing units that exceed 1.5 or more persons per room are considered severely overcrowded. Special Populations The state requires that the special needs of certain disadvantaged groups be addressed in the Housing Element. Selected populations with special housing needs include seniors, persons with disabilities, large families, single-parent households, the homeless, and farm workers. 371 58 Seniors The special housing needs of senior residents are an important concern for the City of La Quinta, since many retired persons residing in the City are likely to be on fixed low incomes. Besides affordability concerns, seniors may have special needs related to housing design and location. With regard to housing design needs, seniors may require ramps, handrails, and lower cupboards and counters, etc., to allow greater access and mobility. They also may need special security devices for their homes for greater self-protection. Seniors may also have special needs regarding location, such as the need for access to public facilities (i.e., medical and shopping) and transit. In many instances, seniors prefer to stay in their own dwellings rather than relocate to a retirement community and may need assistance making home repairs or modifications. Every effort should be made to maintain their dignity, self-respect, safety, and quality of life. As shown in the following table, 5,883 householders (37.9% of all householders) are 65 years or older. Senior households comprise 43.8% of all owner-occupied units, and 23.0% of all renter-occupied units. Table II-28 City of La Quinta Senior Households by Tenure Householder Age Owner-Occupied Renter-Occupied Households %1 Households % Non-Senior Households Under 65 years 6,251 56.2 3371 77.0 Senior Households 65 to 74 years 3,015 27.1 524 12.0 75 to 84 years 1,519 13.7 326 7.4 85 years and over 340 3.1 159 3.6 Subtotal, Senior Households 4,874 43.8 1,009 23.0 Total Households 11,125 100.0 4,380 100.0 Source: American Community Survey 2014-2018 5-Year Estimates, Table B25007 1 differences due to rounding According to the American Community Survey, an estimated 896 seniors have incomes below the poverty level, which represents 9.0% of all seniors in the City. The 2020 federal poverty guideline for one person is $12,760. The major source of income for most seniors is Social Security, and the average Social Security monthly benefit is $1,503.9 Therefore, a single senior paying 30% of their monthly Social Security income on housing costs would pay $451 toward housing costs. However, La Quinta 9 Social Security Administration Fact Sheet, December 2019 Beneficiary Data. 372 59 median rents are $797 for a studio unit, and $396 for a one-bedroom unit (most likely not a separate unit given the relative price). A two-person senior household would have $902 available for housing costs, but median rents are $1,206 for a 2-bedroom unit. Therefore, Social Security alone most likely cannot adequately cover housing costs in the City. Table II-29 Senior Incomes Below the Poverty Level Age Group No. of Residents with Income in Past 12 Months Below Poverty Level 65 to 74 years 541 75 years and over 355 Total 896 Source: 2014-2018 ACS 5-Year Estimates, Table B17001 Apart from privately owned housing units, the City has several affordable rental options for senior living as discussed previously under rental units. They include: Seasons Senior Apartments, which offers 87 senior units in the extremely low, low, and moderate affordable price range; Seasons at Miraflores, a project completed in 2003 that supplies 118 senior units in the extremely low and very low income price range; Washington Street Apartments, which offers 140 extremely low, very low, low, and moderate income rentals (13 of these units are affordable through Section 8); and Hadley Villas Senior Apartments, an affordable project completed in 2004 that offers 79 units in the extremely low, very low, low, and above moderate income price range. Continued construction of multifamily units will aid greatly in meeting the needs of seniors currently overpaying for rental units. Numerous senior support services are provided by various organizations, including those listed in the following table. There are also numerous privately operated assisted living facilities and home care service providers in the City and Coachella Valley. 373 60 Table II-30 Senior Resources Organization Services Provided Assisted living and home care providers (various private providers) Housing, personal care, health care, housekeeping, meals Braille Institute Coachella Valley Neighborhood Center Rehabilitation, enrichment classes, in-home support for the visually impaired La Quinta Wellness Center Health/fitness programs, social events, classes, homebound outreach, food distribution Eisenhower Memory Care Center Adult day center for neuro-cognitive impairments FIND Food Bank Food distribution Hidden Harvest Food distribution Jewish Family Services of the Desert Advocacy, case management services Riverside County Office on Aging Medical case management, counseling, transportation assistance, meals Salvation Army Food distribution, social events, community programs Senior Advocates of the Desert Public benefits and social services assistance, emergency financial assistance SunLine Transit Agency For seniors and disabled residents: Half-Fare Program, Taxi Voucher Program, SunDial paratransit service, bus travel training People with Disabilities A “disability” is a physical or mental impairment that substantially limits one of more major life activities. Housing elements must analyze the special housing needs of people with disabilities. Senate Bill No. 812 (2011) requires that the analysis include individuals with developmental disabilities. A developmental disability is defined by Section 4512 of the Welfare and Institutions Code as “a disability that originates before an individual becomes 18 years old, continues or can be expected to continue indefinitely, and constitutes a substantial disability for that individual.” This includes intellectual disabilities, cerebral palsy, epilepsy, autism, and related conditions, but does not include other handicapping conditions that are solely physical in nature. Physical and developmental disabilities can hinder access to housing units of traditional design, and potentially limit the ability to earn adequate income. The three major housing needs of the disabled are access, location, and affordability. Housing needs for individuals with disabilities can range from traditional independent living environments, to supervised group quarters, to institutions where medical care and other services are provided onsite. Important housing considerations for this group include proximity to public transportation, accessibility of the home and surroundings, access to medical and other public services, and affordability. 374 61 Disabled persons often require specially designed dwellings to provide access not only within the dwelling, but to and from the unit. Special modifications to permit free access are very important in maintaining safety, independence and dignity. The California Administrative Code Title 24 Requirements set forth access and adaptability requirements for the physically handicapped. These regulations apply to public buildings such as government facilities and motels, and require that ramps, larger door widths, restroom modifications, etc., be designed to enable free access to the handicapped. Such standards are not mandatory of new single-family residential construction. A number of disabled persons receive supplemental Social Security Income and are on fixed incomes. Increasing inflation and housing costs adversely affect these individuals’ ability to secure affordable housing. The 2014-2018 ACS identified 4,722 persons in the City with disabilities, of which 2,484 (52.6%) were persons over the age of 65. Individuals may be affected by one or more types of disability. The second most affected age groups are residents 18 to 64 years (42.2%). The table below identifies the number of disabilities, by type, for La Quinta residents. The most prevalent disabilities are ambulatory difficulties (26.6%) and independent living difficulties (17.8%). Group homes are listed as residential care facilities in the Zoning Ordinance, and are permitted by right in all residential zones. There are no use-specific standards for group homes, and they would require only a building permit for construction if occurring in a single family home environment, and with approval of a Site Development Permit if proposed as an apartment or similar multi-family project in the higher density zones. This same requirement also applies to apartment or multi-family project for any type of housing. 375 62 Table II-31 City of La Quinta Number of Disabilities, by Disability Type1 Disability by Age and Type Number of Disabilities Percent of Total Disabilities1 Under age 18 242 2.8 Hearing Difficulty 4 0.05 Vision Difficulty 91 1.1 Cognitive Difficulty 130 1.5 Ambulatory Difficulty 0 0.0 Self-Care Difficulty 17 0.2 Independent Living Difficulty * * Ages 18-64 3,188 37.4 Hearing Difficulty 291 3.4 Vision Difficulty 413 4.8 Cognitive Difficulty 845 9.9 Ambulatory Difficulty 746 8.8 Self-Care Difficulty 380 4.5 Independent Living Difficulty 513 6.0 Ages 65+ 5,088 59.7 Hearing Difficulty 1,024 12.0 Vision Difficulty 420 4.9 Cognitive Difficulty 548 6.4 Ambulatory Difficulty 1,530 18.0 Self-Care Difficulty 560 6.6 Independent Living Difficulty 1,006 11.8 Total Disabilities 8,518 100.0 Total Civilian Non-Institutionalized Population with a Disability 4,722 1 differences due to rounding * data not provided Source: American Community Survey 2014-2018 5-Year Estimates, Table S1810 The California Department of Developmental Services (DDS) implements a statewide system of community-based services for people with developmental disabilities and their families. DDS contracts with the Inland Regional Center (IRC) in Riverside to provide and coordinate local services in Riverside County, including the City of La Quinta. IRC currently (2021) serves 172 clients who are La Quinta residents. Facilities and services in the Coachella Valley that assist persons with developmental and physical disabilities include: o La Quinta Wellness Center connects seniors with Riverside County Meals on Wheels, an outreach program for homebound seniors, and SunLine Transit Agency for Dial-a-Ride transportation services. 376 63 o Angel View, a non-profit organization based in Desert Hot Springs, operates 19 six-bed group homes for children and young adults with developmental and physical disabilities. The homes provide 24-hour nursing and/or attendant care and can accommodate 100+ individuals at a time. There are 16 homes in the Coachella Valley, including 12 in Desert Hot Springs, 3 in Palm Springs, and 1 in Thousand Palms. o The Inland Regional Center uses person-centered planning when developing a Consumer’s Individual Program Plan (IPP). The IPP outlines the goals developed by the Consumer and their support team, as well as the services and supports they will receive to help those goals. Many of the services/supports listed in the IPP are funded by Inland Regional Center. However, services and supports may also be provided by other agencies such as the Social Security Administration, school districts, county agencies, etc. o Canyon Springs in Cathedral City is a State developmental center operated by DDS with 55 licensed beds for individuals with intellectual and developmental disabilities. The treatment program at Canyon Springs is designed to provide its residents with work/job training, including formal educational opportunities and new home life and living skills. Referrals for admission are made by Regional Centers. Each person is assessed and will participate in developing and carrying out an Individual Program Plan. Residents have opportunities to participate in a variety of integrated activities in natural environments at home, at work, and in the community. o Desert AIDS Project – Palm Springs: Dedicated to providing support, care, and treatment to people with AIDS and related illnesses and education to the general community. The Desert AIDS project serves the psychological needs of AIDS clients, provides case management, anonymous HIV testing, legal services, a program of protection and prevention, and referral and recreational services. o FISH of Lower Coachella Valley – Coachella: Provides 2-3 days of emergency food for families/individuals in need. Clients may return for assistance every 14 days. o Desert Arc – Palm Desert: A comprehensive service delivery agency for people with developmental and intellectual disabilities; it provides programs to develop or enhance self-help skills, life enrichment skills, and prevocational and vocational skills. 377 64 o Braille Institute – Palm Desert: A nonprofit school providing daytime classes and other support programs and services for people with blindness and vision loss in the Coachella Valley. Large Family Households The 2014-2018 ACS reported 1,543 households in the City of La Quinta with five or more persons, which constitutes 10 percent of all households. This represents a 17 percent increase from the 2009-2011 ACS (1,319 households). Large-family households generally require larger dwellings with more bedrooms to meet their housing needs, but these households often experience difficulty securing adequate housing suitable for their expanded needs due to income limitations and/or lack of adequate housing stock. Difficulties in securing housing large enough to accommodate all members of a household are heightened for renters, as multifamily rental units are typically smaller than single- family units. Table II-32 presents tenure of housing units by number of persons in the household based on 2014-2018 ACS data. The table shows that large households are roughly equally comprised of owner occupied and renter occupied households (805 owner occupied, 738 renter occupied). Large owner-occupied units comprise 7.2 percent of all owner-occupied housing, and large renter-occupied units comprise 16.8 percent of all renter-occupied units. Table II-32 Large Households by Tenure Number of Persons in Household Owner-Occupied Renter-Occupied Households % Households %1 One to Four 10,320 92.8 3,642 83.2 Five 577 5.2 410 9.4 Six 228 2.0 264 6.0 Seven or More 0 0 64 1.5 Total Households with 5+ Persons 805 7.2 738 16.8 Total Households 11,125 100 4,380 100 1 differences due to rounding Source: American Community Survey 2014-2018 5-Year Estimates, Table B25009 Multifamily housing rental stock consists primarily of one-, two-and three-bedroom units. Single family development in the Cove is made up largely of units with three bedrooms, although four-bedroom units are also present in limited supply. As shown in Table II-32, there are 3,284 units with 4 or more bedrooms, which exceeds the current number of large families. Citywide single-family construction activity has created a 378 65 supply of housing for large families not available in multifamily housing, although prices for larger units tend to be affordable only to moderate and above moderate income households. Suitable housing products for large families include those with sufficient bedrooms that are near childcare facilities, schools, recreational areas, and public transit. In the current housing stock, 577 units (3.7% of all units citywide) are overcrowded, and the majority (82.7%) of them are rental units. There are 332 units with 5 or more bedrooms (1.6% of total units citywide), and only 8 of them are rental units, so there may be a need for additional larger units, particularly rental units. Given the lack of larger rental units, programs that assist large families with homeownership would be beneficial. Reduced parking standards for units with 5 or more bedrooms may also incentivize development of larger rental units. For instance, certain affordable housing developments may be granted a maximum parking ratio of two and one- half parking spaces for four or more bedrooms (La Quinta Municipal Code Section 9.60.260.E. Incentives and Concessions). Single-Parent Households Single-parent heads of household constitute a group with serious housing concerns. In general, families with single-parent heads of household may experience a higher incidence of poverty than other household configurations. In particular, female-headed households can experience lower incomes, higher living expenses, higher poverty rates, and low rates of homeownership. Finding adequate and affordable housing is a high priority. Special considerations for this population include proximity to schools, childcare, employment, and health care. Table II-33 Single-Parent Household Characteristics Household Type No. of Households % of Total Total households 15,505 100 Male-headed households 747 4.8 With own children under 18 437 2.8 Female-headed households 1,433 9.2 With own children under 18 788 5.1 Total Families, Income in the Past 12 Months Below Poverty Level 625 100 Male Householders, Income in the Past 12 Months Below Poverty Level 0 0 Female Householders, Income in the Past 12 Months Below Poverty Level 255 40.8 Source: American Community Survey 2014-2018 5-Year Estimates, Table DP02; ACS 2018 Supplemental Estimates Detailed Table K201703 379 66 As shown in Table II-33, there were 2,180 single-parent-headed family households in La Quinta, or 14% of all households, in 2018. Male-headed family households comprise 4.8% of all households, and female-headed family households comprise 9.2%. As shown in the table above, of the 1,433 female-headed family households in La Quinta, more than half (55%) of the female-headed households have children under age 18. While no male-headed households were below the poverty level in the past 12 months, female-headed households comprise 40.8% of all families with incomes below the poverty level. The number of single-parent-headed and female-headed family households both declined compared to 2010 (2,026 single-parent households, of which 1,461 were female-headed). However, 17.8 percent of the City’s female-headed families live in poverty as compared to 16.1 percent in 2010. Many single parents do not have the resources to enter the housing market as a homeowner. Although the incidence of single-parent households below the poverty level is low (1.6% of all households) in the City, addressing the housing needs for single parents may require innovative housing solutions. Strategies need to be considered to provide more housing opportunities to these households, such as new multifamily housing, mixed-use units, and subsidized single-family housing. Flexible educational programs and job training services can help householders obtain higher paying jobs. Farmworkers Based on an analysis of farm labor and the diminishing amount of farmland in the City of La Quinta and surrounding rural areas, the need for farm worker housing has declined. Most agricultural land and farmworker housing in the Coachella Valley are located in the eastern valley in and around the communities of Coachella, Thermal, and Mecca. While the zoning map includes a Low-Density Agriculture/Equestrian Residential Overlay, there is no land designated specifically for agricultural uses in the City’s General Plan and zoning maps. There are also no zoning policies or restrictions specific to farms or farmworker housing. Based on 2014-2018 ACS data, there were 352 persons employed in “agriculture, forestry, fishing and hunting, and mining” in the City in 2018, which constitutes 2% of the City’s civilian employed population 16 years and over (see Table II-6). It is probable that a number of occupations classified as agricultural are related to nursery operations or landscape maintenance. 380 67 Responsibility for providing housing for farm workers originally lay with the growers that employed the workers. This practice was discontinued, however, due to high costs for liability insurance and maintenance. Low income groups often need housing near work. For farmworkers, this means that housing is needed in rural, agricultural areas rather than urban areas. In the Coachella Valley, the principal housing options for migrant and local seasonal farm workers are family-owned homes, private rental houses, second units, apartments, and mobile homes. Farmworker housing does not appear to be a significant need in La Quinta. Nevertheless, farmworker households will benefit from rental subsidies and incentives provided by the City for developers to maintain affordable units that are available to all segments of the population. Extremely Low-Income Households Extremely low-income (ELI) households are households earning less than 30 percent of the HUD Area Median Family Income (HAMFI). The AMI for a 4-person household in Riverside County is $75,300. ELI household incomes are defined by HCD and HUD as those earning less than $26,200. These households often face significant financial challenges to affording adequate housing and, therefore, are considered a subpopulation with special housing needs. Table II-34 Housing Problems for Extremely Low-Income Households Owners Renters Total Total Number of ELI Households 580 870 1,450 Percent with any housing problems* 79.3% 62.1% 69.0% Percent with Cost Burden >30% of income 78.4% 61.5% 68.3% Percent with Cost Burden >50% of income 66.4% 40.2% 50.7% * housing problems include incomplete kitchen facilities, incomplete plumbing facilities, more than 1 person per room (overcrowding), and cost burden greater than 30% of income. Source: U.S. Department of Housing and Urban Development, CHAS, based on the 2012-2016 ACS. Existing Needs According to 2012-2016 CHAS data, there are 1,450 extremely low- income households (9.5% of total households) in La Quinta, consisting of 580 owner households and 870 renter households. Proportionally more owners (79.3%) than renters (62.1%) experience housing problems, including incomplete kitchen and plumbing facilities, overcrowding, and cost burden greater than 30% of income (overpayment). 381 68 Extremely low-income households are sensitive to unexpected changes in income and expenditures, so overpayment for housing could result in an inability to meet other important or emergency needs. Projected Needs To calculate projected housing needs, the City assumed 50% of its very low income regional housing need assessment (RHNA) are extremely low income households. From its very low income need of 420 units, the City has a projected need of 210 units for extremely low income households. Many of the City’s existing and proposed very low-income rental projects provide housing affordable to extremely low-income individuals, couples, and families with children. Extremely low-income households are also eligible to receive rental assistance in La Quinta through the County of Riverside Housing Authority’s Section 8 voucher program. Small ELI households may also find an affordable housing option in Single Room Occupancy (SRO) hotels, accessory dwelling units (ADUs), and guest houses. SROs are permitted in the Regional Commercial zone with a Conditional Use Permit. A guest house/employee quarters is permitted as an accessory use in all residential zones, and can provide on-site living quarters for a homeowner’s family members, staff, and guests. During the 2014-2021 planning period, the City updated the Zoning Code to remove constraints to the development of ADUs. ADUs are permitted as an accessory use in all residential zones and have some flexibility regarding parking and utility requirements. SROs, guest houses/employee quarters, and ADUs may be important resources for ELI households, including seniors on a fixed-income, single-parents, disabled persons, college students, and low-wage earning workers. Homeless Persons The Riverside County Department of Public Social Services completed a homeless count in 2020 for all cities and some unincorporated areas in the County. The Homeless Point-In-Time (PIT) Count is a federally mandated annual count of homeless individuals used to evaluate the extent of homelessness. The data provide a snapshot of homelessness on a particular date and time. The 2020 PIT Count for Riverside County determined there were 3 unsheltered persons in La Quinta, including individuals living on streets or in vehicles, encampments, storage structures, or other places unfit 382 69 for human habitation.10 This represents 0.1% of the unsheltered individuals in Riverside County, and 0.5% of County Supervisory District 4 which includes the Coachella Valley and the City of Blythe. The actual number of homeless may be higher given that many individuals, particularly women and youth, remain hidden for safety or stay in locations where they cannot be seen. This represents a decrease from the County’s 2019 PIT Count (9 individuals in La Quinta). Fluctuations in the number of homeless individuals documented from year to year may be due to actual increases or decreases and/or changes in counting and surveying methods, such as increased coverage by more volunteers or enhanced promotion and awareness strategies of the overall count. Table II-35 describes the demographic characteristics of unsheltered people in La Quinta. 10 2020 Riverside County Homeless Point-In-Time Count and Survey Report, County of Riverside Department of Public Social Services, June 2020, pages 83 and 122. 383 70 Table II-35 Characteristics of Unsheltered Individuals in La Quinta Number Percent of Total Race American Indian 0 0% Asian 0 0% Black 1 33% White 2 66% Multiple Races 0 0% Native Hawaiian 0 0% Unknown Race 0 0% Ethnicity Hispanic 2 66% Non-Hispanic 1 33% Ethnicity Unknown 0 0% Gender Male 3 100% Female 0 0% Transgender 0 0% Gender Non-Conforming 0 0% Unknown Gender 0 0% Age Adults (>24 yrs) 3 100% Youth (18-24) 0 0% Children (< 18) 0 0% Unknown Age 0 0% Living Situation Woods 1 33% Vehicle 1 33% Street 1 33% Encampment 0 0% Under Bridge 0 0% Park 0 0% Other 0 0% Bus 0 0% Abandoned Building 0 0% TOTAL UNSHELTERED INDIVIDUALS = 3 Source: 2020 Riverside County Homeless Point-In-Time Count and Survey Report, County of Riverside Department of Public Social Services, June 2020, pages 83 and 122. Particularly sensitive homeless subpopulations include veterans, the chronically homeless, those with mental health conditions and physical disabilities, victims of domestic violence, and others. The 2020 PIT Count also identified pet owners because of concerns that unsheltered individuals were not seeking shelter because they wanted to keep their pets. As shown in the following table, of the 3 unsheltered individuals interviewed in La Quinta, one had substance abuse issues, one was newly homeless, and one was a pet owner. 384 71 Table II-36 Homeless Unsheltered Subpopulations Subpopulation Number1 Percent of Total Substance Abuse 1 33% PTSD 0 0% Mental Health Conditions 0 0% Physical Disability 0 0% Developmental Disability 0 0% Brain Injury 0 0% Victim of Domestic Violence 0 0% AIDS or HIV 0 0% Veterans 0 0% Chronically Homeless 0 0% Adults Only 3 100% Children Only 0 0% Families with Children 0 0% Pet Owners 1 33% Newly Homeless 1 33% Seniors (≥ 60) 0 0% Jail Release (within last 12 months) 0 0% 1 Results of interviews with 3 homeless individuals. Source: 2020 Riverside County Homeless Point-In-Time Count and Survey Report, County of Riverside Department of Public Social Services, June 2020, pages 83 and 122. Emergency, transitional, and supportive housing facilities and services can serve some of the short- and long-term needs of homeless individuals. Emergency shelters provide temporary shelter, often with minimal supportive services. Supportive housing is linked to support services intended to improve the individual’s ability to independently live and work in the community. Transitional housing is provided with financial assistance and support services to help homeless people achieve independent living within 24 months. Supportive and transitional housing are often in apartment-style units. If a person or family finds themselves homeless, they may go to regional facilities provided by the county, City of Indio, or City of Palm Springs for assistance. The available homeless facilities in the Coachella Valley are listed in Table II-37. A recent analysis of Coachella Valley homelessness found that emergency shelter and transitional housing are not operating at full capacity; the occupancy rate was 79% in 2018 despite high rates of unsheltered single adults.11 Lower occupancy may be partially because some beds are reserved for domestic violence victims and youth rather than the general population. 11 “The Path Forward: Recommendations to Advance an End to Homelessness in the Coachella Valley,” Barbara Poppe and Associates, November 27, 2018, page 21. 385 72 The Coachella Valley Association of Governments (CVAG), of which the City of La Quinta is a member, contracted with Path of Life Ministries to operate its Coachella Valley Housing First program that placed people in permanent housing before addressing issues such as joblessness or behavioral health. Program results were positive, with 81% of the 242 people who exited the program in the first year able to find permanent housing, and all participants who exited the program more than doubling their monthly incomes.12 In late 2019, CVAG initiated an effort to advance the goals of CV Housing First through a collaborative approach called the Coachella Valley Homelessness Engagement & Action Response Team (CVHEART).13 The program is expected to establish a formal structure for regional homelessness policies and programs, identify funding opportunities for future projects, and expand multi-agency cooperation and participation. In addition to its own efforts to end homelessness, the City of La Quinta’s membership in CVAG will assure its continued participation in regional efforts. The City’s zoning permits emergency shelters by right in all nonresidential districts except Village Commercial. The non-residential zones, including Neighborhood Commercial, Community Commercial and Regional Commercial, are all located on major arterial roadways, and close to transit stops. This allows for easy access to services and transport. Emergency shelters proposed in an existing building would require no permitting other than building permits for tenant improvements (if any). If an emergency shelter were to be proposed as a new building, it would be subject to approval of a Site Development Permit, which would be approved by either the Director or the Planning Commission (Director approval is allowed for buildings under 10,000 square feet on pads within existing commercial centers). The findings for a Site Development Permit require consistency with the General Plan and Zoning Ordinance; conformance with CEQA; and compatibility of site design, landscaping and architecture to surrounding buildings. The Site Development Permit addresses only zoning standards, and does not address land use. Therefore, the use of the building is not considered, and the permit is based on an analysis of setbacks, building heights and parking spaces. There are no parking requirements for emergency shelters. Program H-5.4.b. has been added to assure that emergency shelters are added to the parking table, and that parking only be required for employees. There are over 380 acres of vacant commercial 12 “CV Housing First Program Evaluation: Examining the Clients Served in the First Year: July 2017 to June 2018,” Health Assessment and Research for Communities, September 2018, page 55. 13 “CV Heart: A Collaborative and Regional Approach to Homelessness in Coachella Valley,” Greg Rodriguez, January 2020. 386 73 land in the City (Land Use Element, Table II-3). Transitional shelters for homeless persons or victims of domestic abuse are conditionally permitted in Regional Commercial and Major Community Facilities zoned districts. One use that may potentially provide housing for those in need of shelter is single room occupancy (SRO) hotels. SRO hotels, as defined in the municipal code, are residential facilities that are rented on a weekly or longer basis that may or may not have private bathroom and kitchen facilities. SRO hotels are conditionally permitted in Regional Commercial zoned districts. Table II-37 Coachella Valley Homeless Shelter Resources Shelter Name Type of Shelter City Clientele or Needs Served Number of Beds Martha’s Village and Kitchen Emergency Indio General 120 Shelter From The Storm Emergency Palm Desert Domestic Violence 20 County of Riverside, Desert Healthcare District and Foundation1 Emergency (seasonal) Cathedral City, Palm Springs, Desert Hot Springs General 90 (30 in each city) Operation Safe House Emergency /Transitional Thousand Palms Transitional: youth, young adults 20/15 Path of Life Ministries Inc. Emergency/ Rapid Rehousing Undisclosed – Coachella Valley General 12/2 Coachella Valley Rescue Mission Emergency/ Rapid Rehousing Indio families with children, individuals 300/18 Desert AIDS Project Permanent Palm Springs HIV/AIDS 80 Desert Horizon Permanent Desert Hot Springs Jewish Family Services 18 Desert Vista Permanent Palm Springs Jewish Family Services 40 Desert Vista Permanent Supportive Housing Expansion (new in 2018) Permanent Palm Springs Disabled Men and Women 35 Riverside University Health System – Behavioral Health Permanent Cathedral City Behavioral Health 25 Episcopal Community Services Permanent Scattered Site – Coachella Valley Persons With Disabilities and Chronically Homeless 40 Shelter Plus Care TBRA Permanent Indio Persons With Disabilities/ Mentally Ill 23 Source: “The Path Forward: Recommendations to Advance an End to Homelessness in the Coachella Valley,” Barbara Poppe and Associates, November 27, 2018, Appendix 3. 1 dhcd.org. 387 74 FAIR HOUSING The California Fair Employment and Housing Act generally prohibits housing discrimination with respect to race, color, religion, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, familial status, source of income, disability, genetic information, or veteran or military status. AB 686 requires that all housing elements due on or after January 1, 2021, must contain an Assessment of Fair Housing (AFH) consistent with the core elements of the analysis required by the federal Affirmatively Furthering Fair Housing (AFFH) Final Rule of July 16, 2015. Under state law, AFFH means “taking meaningful actions, in addition to combatting discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics.” The City has completed the following: 1. Include a Program that Affirmatively Furthers Fair Housing and Promotes Housing Opportunities throughout the Community for Protected Classes (applies to housing elements beginning January 1, 2019). 2. Conduct an Assessment of Fair Housing, which includes summary of fair housing issues, an analysis of available federal, state, and local data and local knowledge to identify fair housing issues, and an assessment of the contributing factors to the fair housing issues. 3. Prepare the Housing Element Land Inventory and Identification of Sites through the lens of Affirmatively Furthering Fair Housing. To comply with AB 686, the City has completed the following outreach and analysis. Outreach As discussed in the Public Participation section of this Housing Element, the City focused its outreach efforts on community and stakeholder workshops, study sessions, information disseminated through the City’s website, electronic mail notifications, and public hearings. The community and stakeholder workshops consisted of a Planning Commission presentation (December 8, 2020), a City Council update 388 75 (December 15, 2020), a Housing Commission presentation (January 12, 2021) a Joint Planning Commission and City Council Study Session presentation (August 3, 2021) and a public workshop (January 13, 2021) attended by more than 15 community members. The City received a variety of comments at these workshops, including: v Concerns about how to address overpayment by both owners and renters. v Concerns regarding whether short term vacation rentals are impacting the availability of housing for permanent residents. v Assuring that land inventory sites are provided for all types of housing. v The difficulty of financing new projects, which now require two or three times as many funding sources as in the past. v Assuring that development standards, fees and processing times reflect the needs of affordable housing projects. Workshop invitations were sent to local and regional development entities, advocacy groups, and interested parties via email. In addition, workshops were advertised on the City’s website, social media, and in email blasts to the City’s extensive resident email list. Once certified by HCD, the Housing Element Update will be presented in public hearings before both the Planning Commission and City Council, with the documents available for public review at City Hall and on the City’s website. Assessment of Fair Housing California Government Code Section 65583 (10)(A)(ii) requires the City of La Quinta to analyze areas of segregation, racially or ethnically concentrated areas of poverty, disparities in access to opportunity, and disproportionate housing needs, including displacement risk. The 2021 California Department of Housing and Community Development (HCD) and the California Tax Credit Allocation Committee (TCAC) Opportunity Areas rate resource levels based on access to effective educational opportunities for both children and adults, concentration of poverty, environmental pollution, and employment levels and proximity to jobs, among others. High and highest resource areas are those with high index scores for a variety of educational, environmental, and economic indicators. Moderate resource areas have access to many of the same resources as high and highest resource areas but may have fewer educational opportunities, lower median home values, longer commutes to places of employment, or other factors that lower their indices for educational, environmental, and economic indicators. 389 76 As shown in Exhibit II-14 TCAC Opportunity Areas, the majority of the urban area in the City is considered “High Resource”. Portions along the northern and western boundaries are considered “Highest Resource”, and one area on the eastern boundary adjacent to the City of Indio and unincorporated Riverside County is considered “Moderate Resource”. The southern end of the City is considered “High Segregation & Poverty”. Areas of high segregation and poverty are those that have an overrepresentation of people of color compared to the County, and at least 30% of the population in these areas is below the federal poverty line ($26,500 annually for a family of four in 2021). Within the City and surrounding jurisdictions, TCAC and HCD designated portions of the City of Indio as “Low Resource,” which have the most limited access to all resources. 390 77 Source: Housing and Community Development, 2021 II-14 08.17.21City of La Quinta General Plan TCAC Opportunity Areas La Quinta, California Exhibit 391 78 Integration and Segregation Patterns To assess patterns of segregation and integration, the City analyzed four characteristics: race and ethnicity, income, disability, and familial status. Race and Ethnicity The diversity index was used to compare the racial and ethnic diversity within the City and surrounding communities. Diversity Index ratings range from 0 to 100, where higher numbers indicate higher diversity among the measured groups. As shown in Exhibit II-15 Diversity Index, the City exhibits a range of diversity ratings. The Cove and Village area, the southern end of the City, the area just north of Highway 111, and an area on the eastern boundary adjacent to the City of Indio and unincorporated Riverside County have relatively high diversity (70-85). Portions of the northwestern and southeastern City have lower diversity (below 40). The remaining areas are rated mid-range (40-70) on TCAC’s diversity index. The surrounding areas have comparable diversity ratings as La Quinta, though areas of higher diversity are found in City of Indio to the east. According to the 2015–2019 American Community Survey, over half (57.3%) of La Quinta residents identify as White, non-Hispanic, whereas over half (64.2%) of the Indio residents to the east identify as Hispanic. The City of La Quinta can be viewed as a demographic transition point from the west to east Coachella Valley, with the proportion of White, non-Hispanic population between those in Indio (34.7%) to the east and Bermuda Dunes (58.5%) to the north, Palm Desert (66%) and Indian Wells (88.1%) to the west. The southern end of the City is designated a TCAC Area of High Segregation and Poverty in 2020 and 2021, and also a racially or ethnically concentrated area of poverty (R/ECAP) by HUD (2009-2013) (Exhibit II-14). This area, as part of Census Tract 456.05, is in a Hispanic Majority Tract with a predominant gap >50% between Hispanic and other race/ethnicity groups (Exhibit II-16). In contrast, more urban areas in the City fall in White Majority Tracts (predominant gap >50%). Similarly, much of the lower diversity areas in the Cities of Indian Wells and Palm Desert are also in White Majority Tracts. 392 79 Source: Housing and Community Development, 2021 II-15 08.17.21City of La Quinta General Plan Diversity Index La Quinta, California Exhibit 393 80 Source: Housing and Community Development, 2021 II-16 08.17.21City of La Quinta General Plan White/Hispanic Majority Tracts La Quinta, California Exhibit 394 81 A close examination of the HCD AFFH maps and the R/ECAP area in La Quinta reveals that the designation is less likely due to demographics within the area, but rather its location in Census Tract 456.05 which spans a large area of unincorporated Riverside County in the east Coachella Valley. As shown in Exhibits II-16 and II-17, from a data granularity perspective, the R/ECAP and Hispanic Majority Tract designations are specific to the entire Tract 456.05 only, which does not tell any difference within the tract. Similarly, the Area of High Segregation and Poverty (2020 and 2021) designations are specific to a block group which covers more unincorporated Riverside County area than La Quinta City area. The area designated as R/ECAP in La Quinta is roughly bounded by Avenue 60 on the north, and consists of vacant land, Coral Mountain Golf Club and Trilogy La Quinta, a retirement community. Based on local knowledge and property values at Coral Mountain and Trilogy, this area of the City is not an area with concentrated poverty. This area will be further analyzed in Income subsection below for any potential for segregation. HCD has not published the adjusted Racially Concentrated Areas of Affluence (RCAA) methodology for California as of August 2021. While no data has been released on RCAA, the national metric may be referenced for general considerations here: RCAA is defined as census tracts where 1) 80% or more of the population is white, and 2) the median household income is $125,000 or greater (slightly more than double the national the median household income in 2016). As shown in Exhibit II-18, Census Tract 456.08 along the eastern City boundary (roughly between Avenue 54 and Avenue 60) has a median income greater than $125,000. Census data reveals that this tract has 89.6% white population that is not Hispanic. The area may have the potential to be a RCAA. While another area to the north also has a median income greater than $125,000, it is in a tract with fewer than 80% white, non- Hispanic population and may not qualify as a RCAA. Income The City also assessed the concentrations of households below the poverty line across the City to analyze access to adequate housing and jobs. As shown in Exhibits II-18 and II-19, the bulk of the City has a very low percentage of residents (less than 10%) who fall below the poverty line ($26,500 for a family of four in 2021), and the central and northern portions of the City as well as the southern Cove area have a low percentage (10%-20%) of residents below the poverty line. Note that the southern end of City, which is designated as R/ECAP as part of Tract 456.05, shows a higher percentage (38.2%) of residents below the poverty line, but this percentage represents the entire tract rather than just the portion in La Quinta. 395 82 Source: Housing and Community Development, 2021 II-17 08.17.21City of La Quinta General Plan R/ECAP and Areas of High Segregation and Poverty La Quinta, California Exhibit 396 83 Source: Housing and Community Development, 2021 II-18 08.17.21City of La Quinta General Plan Median Income La Quinta, California Exhibit 397 84 Source: Housing and Community Development, 2021 II-19 08.17.21City of La Quinta General Plan Poverty Status La Quinta, California Exhibit 398 85 The poverty status trend saw some minor changes from 2014 to 2019. The percentage of residents who fall below the poverty line in the northern Cove and Village area and an area on the eastern City boundary (north of Avenue 54) have lowered over time from 10-20% to below 10%, while the percentage in the northern City increased from below 10% to 10-20%. The southern end of City as part of Tract 456.05, showed 42% of residents below the poverty line, though this percentage captures the entire tract and does not indicate any change within the La Quinta portion. The HUD Low to Moderate Income Population maps at Tract and Block Group levels (Exhibit II-20a and b) illuminate how data granularity affects interpretation. The map in Exhibit II-20a at tract level is less refined, showing the percentage of low to moderate income population for entire census tracts; in contrast, the map in Exhibit II-20b at block group level has a finer resolution, showing the percentages for each block group, which is a smaller geographical unit than the census tract. Census Tract 456.05 consists of a portion of City of La Quinta which includes vacant land, a private golf club and a private retirement community, and rural agricultural communities in unincorporated Riverside County. The southern end of La Quinta is part of Block Group 4 of Census Tract 456.05. Block Group 4 shows 42% of low-moderate income population, whereas Tract 456.05 shows 79% of low-moderate income population. This discrepancy can be attributed to the demographical difference between the La Quinta portion and the remaining unincorporated County area. The unincorporated County area skews the percentage of low-moderate income population to the higher side. In summary, while currently available data are not specific to the southern end of the City of La Quinta and are inconclusive on the area’s potential for segregation, based on local knowledge and judgment, the area in southern La Quinta is least likely to experience segregation based on low income or qualify as an Area of High Segregation and Poverty or R/ECAP. As shown in Table II-16 of this Housing Element, the City of La Quinta has a vacancy rate of 7.4% for rental units and 5.0% for ownership units. Correcting for seasonal or recreational units, which are considered vacant by the Census but are not available or used for permanent occupancy, the overall vacancy rate is 6.5%. These vacancy rates are quite low and may indicate limited room for mobility and high demand for affordable units. 399 86 Source: Housing and Community Development, 2021 II-20a08.17.21City of La Quinta General Plan Low to Moderate Income Population by Census Tract La Quinta, California Exhibit 400 87 Source: Housing and Community Development, 2021 II-20b08.17.21City of La Quinta General Plan Low to Moderate Income Population by Census Tract La Quinta, California Exhibit 401 88 Disability According to the 2015-2019 ACS, the City of La Quinta has a low percentage of population with a disability, with the majority of areas in the City being 10%-20% and some areas being below 10%. Compared to the 2010-2014 ACS, the northern Cove and Village area now have a lower percentage (<10%) than in 2014 (10%-20%). Small portions on the northern City boundary show a higher percentage of population with a disability (10%-20%) compared to 2014 (<10%), though such data represent the entire Tract 452.14 which also covers part of Bermuda Dunes. Given the overall low percentages of population with a disability and limited space/time variation in the City of La Quinta, the population with a disability appears to be integrated in all communities such that they have equal access to all housing and economic opportunities. The City has a no-fee application process for reasonable accommodation, and assisted more than double the disabled residents between 2014 and 2020 (from 91 to 188 residents) in Housing Authority owned properties. The City’s Municipal Code Section 9.60.320 establishes a procedure for reasonable accommodation application, review and appeal processes, during which the City shall provide assistance to ensure an accessible process. The City will continue to refer lower income households to Riverside County for home repair grants, which can provide up to $6,000 for repairs including a handicapped ramp (Program H-4.4.c). Familial Status The 2015-2019 ACS reveals that the City of La Quinta has relatively few single-person households (<20% in most areas) and a higher percentage of couple households (>40% except in the mid-Cove area and a small area in the southeast corner). The percentage of children in married-couple households is at least 40% throughout the City except for a small area in the northeast corner. The mid-Cove area, the area south of Highway 111, and the southern end of City see slightly higher percentage of children in female-headed single-parent households (20%-40%). Note that data for the southern end of City may not be representative as it is based on the entire tract which may have different demographics than the City area. The household makeup of the City suggests there is likely demand for units with at least two bedrooms for family and non-family households. Assessment and Actions Given the factors discussed above, there is no evidence of segregation based on disability in the City, but there is potential for segregation based on income and opportunity to improve racial integration within La Quinta. As shown in Exhibits II-18 and II-19, the concentrations of lower income households are not limited to La Quinta. The City of Indio 402 89 to the east has an areas with over 40% population living below the poverty line, which is more concentrated than all surrounding areas. Areas with 30%-40% population living below the poverty line are seen in the cities of Cathedral City, Palm Springs and Desert Hot Springs to the west, and the City of Coachella to the east, as well as unincorporated Riverside County areas. With a median income higher than the state level in 2019 ($77,839 in La Quinta; $75,235 in California, 2015-2019 ACS), the City is not considered disadvantaged economically (median income is 80% or less than the statewide average), although certain areas in/around the Cove and Village area and south of the Highway 111 are below the threshold. Concentrations of households with similar incomes may indicate a uniform development pattern and need for more varied housing stock. If availability and distribution of affordable housing are improved, it will encourage a more economically diverse community. As shown in Exhibit II-21, Job Proximity Index, the majority of the City is rated with medium proximity to employment opportunities (Jobs Proximity Index between 40 and 80). One area along the eastern City boundary north of the Highway 111 and the bottom of the Cove area have lower Jobs Proximity Index scores of 19-35. Two areas in the western City have high Jobs Proximity Index scores (>80). In contrast to the TCAC Opportunity Areas (Exhibit II-14), this suggests that access to jobs is not the single driver behind the concentration of lower income households, but rather the type of jobs and housing available and other socioeconomic factors. The City completed the La Quinta Village Build-Out Plan and EIR in 2017. The Village area is generally located north and south of Calle Tampico, east of Eisenhower Drive and west of Washington Street, and north of Avenue 52. Projects in the Village area are encouraged to implement the standards and incentives of Municipal Code Section 9.140.090, the mixed use overlay, which encourages development on lot assemblages or lots greater than one acre. The mixed use overlay was introduced in 2016 to facilitate the development of mixed use projects that include both multifamily residential and commercial components. Per Section 9.140.090.F, mixed use development can benefit from density bonuses, modified parking requirements, expedited permit processing, and fee reductions. The City also amended and completed Affordable Housing Overlay (AHO) regulations in ordinances passed in 2016 and 2019. The City intends to apply the Affordable Housing Overlay to all sites identified in the Vacant Land Inventory (Program 1.1.b.), including sites in the Village area and along the Highway 111 corridor. These measures are expected to expand housing options and foster a more economically diverse community. 403 90 The City was awarded an Active Transportation Program (ATP) Cycle 3 Grant for “La Quinta Village Complete Streets – A Road Diet Project” in the amount of $7,313,000. This project included the construction of five new roundabouts in the La Quinta Village where pedestrian, bicycle, golf cart, and automobile traffic exist. The new roundabouts will help accommodate non-vehicular traffic, making roadways safer and more accessible to pedestrians and bicycles in the La Quinta Village. The project also reduced four traffic lanes to two lanes along Calle Tampico and Calle Sinaloa from Eisenhower to Desert Club Drive, and along Eisenhower from Calle Tampico to Calle Sinaloa. This area will be used as space for designated bike and golf cart lanes. The reduced lanes and crosswalks added midblock will provide pedestrians with safer access to Civic Center Park, Old Town La Quinta, and the Benjamin Franklin Elementary School. The City recognized the impacts on small businesses due to the COVID- 19 pandemic, and established a $1.5 million COVID-19 Small Business Emergency Economic Relief Program. The Program helps provide small businesses with emergency cash flow in the form of zero percent interest loans of $5,000 to $20,000, and up to $500,000 exclusively for restaurants that were open for pickup and delivery orders in the City. La Quinta residents had access to rental assistance through United Lift, a rental assistance program coordinated between Riverside County, United Way of the Inland Valleys, and Lift To Rise. The program goal was to keep 10,000 families and residents housed. The program provided $33 million in rental assistance between June and November 2020. Eligible recipients were renters in Riverside County with a current lease agreement who are either individuals or families earning 80 percent or below of the area’s median income, or who can document a loss of income due to COVID-19 economic impacts, leaving them unable to make their rent. 404 91 Source: Housing and Community Development, 2021 II-21 08.17.21City of La Quinta General Plan Jobs Proximity Index La Quinta, California Exhibit 405 92 Access to Opportunity The City reviewed TCAC Opportunity Areas identified in Exhibit II-14, and identified one inaccurate designation: the southern end of the City is categorized as “High Segregation & Poverty” by TCAC/HCD, which includes vacant land, Coral Mountain Golf Club and Trilogy La Quinta, a retirement community. As discussed above, this portion of the City falls in census tracts (456.05 and 456.09) that consist of primarily agricultural/rural communities in the unincorporated Riverside County, and the census-tract-based designations and data do not accurately reflect the portion in La Quinta. This area has large vacant parcels with potential for housing development, and is zoned for commercial and residential developments at various densities. In addition to the Composite Score of TCAC Opportunity Areas shown in Exhibit II-14, the City also analyzed individual scores for economic, education and environmental domains. Most of the City scores in the highest range (>0.75) which indicates more positive economic outcome. The southern end of City, lower Cove area, and a portion just north of Highway 111 score slightly lower (0.50-0.75) in the economic domain. The upper Cove, Village and area just north, as well as small areas along the eastern City boundary score lower (0.25-0.50), which indicates relatively less positive economic outcome. Areas identified with less positive economic outcome are found in the adjacent cities of Indio, Indian Wells, Palm Desert and census designated place of Bermuda Dunes. Areas identified with less positive economic outcome (<0.25) are seen in the cities of Indio, Coachella and unincorporated communities in the eastern valley. The area north of Highway 111 scores in the highest range (>0.75) which indicates more positive education outcomes, and the west side of the City scores slightly lower (0.50-0.75). The eastern City is identified with less positive education outcomes (<0.25), which is also seen in portions of the cities of Indio and Coachella, as well as the unincorporated eastern Coachella Valley. There is no data on environmental domain for the Cove area and an area in the eastern City roughly between Avenue 54 and Avenue 60. Most of the City falls in the highest score range (0.75-1) which indicates more positive environmental outcomes. The southern end of City (in Census Tracts 456.05 and 456.09) is identified with less positive environmental outcomes (<0.25). Similar to other HCD data, the environmental domain score is also based on census tracts and may not represent the City portion accurately. The eastern Coachella Valley in general, except portions of the cities of Indio and Coachella, is identified with less positive environmental outcomes (<0.25). 406 93 The Cove area is surrounded by the Santa Rosa Mountains on three sides, and the only access to the local and regional roadway network is on the north. This topographical constraint results in further proximity to jobs the further down the Cove the area is, (Job Proximity Index score decreases from 40-60 to <20). The east side of the City generally has medium proximity to jobs (Job Proximity Index score between 40-60). As noted, the City encourages mixed-use development in the Village area, which is directly north of the Cove, in the La Quinta Village Build- Out Plan adopted in 2017. Future development and redevelopment in the Village will improve job proximity in the Cove area. Comparing Exhibit II-21, Jobs Proximity Index to Exhibits II-18 through II-20 reveals that concentration of lower income households is not directly related to job proximity. These findings confirm the following trends: 1. Jobs that are near housing may not meet the needs of the residents located there, creating a jobs/housing imbalance and lower job proximity. 2. Someone may be able to both work and live in an area with a high concentration of jobs; however, they may still only be able to access positions with low wages and find it hard to afford housing costs. Existing affordable housing projects in the City of La Quinta range from apartments to single-family homes. According to the City’s AB 987 database, as of July 8, 2020, there are 400 affordable single-family ownership units with two to five bedrooms. These units are dispersed in various neighborhoods in the western, central and northern City. The eastern and southern City consists primarily of private resorts and golf clubs. There are 28 affordable single-family rental units as of July 8, 2o2o, all of which have three bedrooms. These units are located in and around the Cove area. Additionally, there are nine affordable multi-family housing complexes offering a total of 912 affordable multi-family rental units,14 including HUD apartments, Section 8 apartments, public housing apartments, non-profit senior and family low-income apartments, and Low-income tax credit apartments (LIHTC).15 Villa Cortina Apartments provides 116 moderate income restricted rentals. Seasons At La Quinta is a Low-Income Housing Tax Credit (LIHTC) apartment and provides 87 extremely low, low, and moderate 14 Affordable Housing Program, Single-Family Rental Units and Multi-Family Rental Units, City of La Quinta, updated July 8, 2020. 15 LowIncomeHousing.us, accessed June 1, 2020. 407 94 income apartments for seniors only. These two projects are located adjacent to the Village area near Calle Tampico & Washington Street. Residents have walking access to the various retail, dining and services in the Village area, as well as La Quinta Library, Civic Center Park and La Quinta Museum. The DSUSD Adams State Pre-School and John Adams Elementary School are located to the west within walking distance, and Benjamin Franklin Elementary School is located approximately 1/3-mile away to the west. Bus stops at Calle Tampico & Washington Street are served by SunLine Transit Agency’s Route 7. There are five affordable housing projects south of Highway 111 between Washington Street and Jefferson Street. Hadley Villas (79 extremely low to low income one-bedroom villas) and Seasons At Miraflores La Quinta (116 extremely low and very low income one- to two-bedroom apartments) are dedicated to seniors. Aventine Apartments (20 low and moderate income units), Wolff Waters Place (216 green-built one- to four- bedroom apartments for extremely low to moderate income households), and Coral Mountain Apartments (174 low and moderate income units) are open to all ages. These projects have close proximity to various retail, grocery, dining and services in the Highway 111 corridor, which also offers ample employment opportunities with a variety of commercial developments. La Quinta Park and La Quinta High School are located north of Highway 111 on the other side of Coachella Valley Stormwater Channel. Amelia Earhart Elementary School and John Glenn Middle School are located approximately 1.2 miles to the north. The area is well served by Bus Routes 1, 1X and 7 and bus stops are within walking distance of these communities. In the northern City, Vista Dunes Courtyard Homes provides 80 one- to three-bedroom apartment units affordable to extremely low to low income households. A LEED Platinum certified community, the project provides a swimming pool, playground, basketball court, and large community multipurpose room. Pioneer Park (with a dog park) and Desert Pride Park are located across Miles Avenue to the south. There are two day care centers across Adams Street to the east. Amelia Earhart Elementary School and John Glenn Middle School are located approximately 2/3-mile to the east, and La Quinta High School at similar distance to the southeast. The project is less than a mile north of the Highway 111 corridor. The project is served by SunLine Bus Route 7 with stops at Miles Avenue & Adams Street. Washington Street Apartments is located in the northwestern corner of the City and provides 140 units for extremely low, very low, low, and moderate income seniors. The City of Palm Desert Joe Mann Park is 408 95 within walking distance to the northwest, as well as neighborhood serving plazas at Washington Street & Hovley Lane. The project is served by SunLine Bus Route 7 with stops just north on Washington Street. Within a half-mile radius of the project, James Monroe Elementary School is located to the northeast, Colonel Mitchell Paige Middle School and Horizon School to the south, Montessori School of the Valley campuses to the west. None of the currently affordable single-family rental units are at risk of losing affordability restrictions during or within 10 years of the planning period. Some of the single-family ownership units are at risk of losing affordability restrictions during the next planning period, and monitors sales to encourage preservation of these units. As shown in Table II-52, there are no rental units at risk of conversion during the planning period. In addition to planned and pending affordable housing projects described in the Land Inventory (Tables III-47 & III-48) of this Housing Element, the City will establish a program to encourage accessory dwelling units (ADUs) and Junior ADUs as described in Program H-2.1.a and assess their effectiveness in expanding housing choices in the highest resource areas. Disproportionate Housing Need and Displacement Risk As discussed under Community Profile (Table II-27), overcrowding is not a significant issue in the City of La Quinta. As of the 2014-2018 ACS, 3.7% of all occupied units in the City are considered overcrowded, which include primarily renter units (82.7%, 477 units) rather than owner units (17.3%, 100 units). 10.9% of all renter households experience overcrowding. Households with lower incomes may permit overcrowding to derive additional income, or there may be insufficient supply of housing units in the community to accommodate the demand. In 2020, there were 3 unsheltered homeless persons in La Quinta according to the PIT Count for Riverside County. The City allows homeless shelters in the Regional Commercial and Major Community Facilities zones with a conditional use permit. Single-room occupancy units are also conditionally allowed in the Regional Commercial zone in the City. Program H-5.4.a and H-5.4.b commit the City to bring its Zoning Ordinance in compliance with AB 101 for Low Barrier Navigation Center requirements on homeless shelters, and with state law for emergency shelters, transitional and supportive housing. 409 96 The median rent in La Quinta can be out of reach for lower income households with two or more persons; however, as shown in Exhibit II- 22, La Quinta has less prevalent overpayment by renters (<60% of renter households City-wide) in 2019 compared to surrounding jurisdictions, which have areas with over 60% of renter households overpaying. Overpayment is considered a chronic issue that needs to be addressed both locally and regionally. As is shown in Table II-25 (Overpayment by Income Category and Tenure), as of the 2012-2016 CHAS, between both renters and owners, 71.4% of lower income households in La Quinta pay at least 30% of their income toward housing costs. Regionally, overpayment among renters is especially prevalent (>80%) in the north side of the City of Palm Springs, south side of Desert Hot Springs, and adjacent unincorporated areas of Riverside County as well as the south side of the City of Coachella. The overpaying rate more than doubles for lower-income owners (76.2 percent) than that of all owner households (36.5%). Overpayment increases the risk of displacement for residents who are no longer able to afford their housing costs. Geographically speaking, overpayment among homeowners is more prevalent than among renters in the City of La Quinta, although the reverse is true for the region. As shown in Exhibit II-23, most of La Quinta has a homeowner overpayment rate between 40%-60%, and the area north of Highway 111 has a lower overpayment rate below 40%. Regionally, overpayment among homeowners is below 80% except a small area in the City of Coachella, and areas with between 60%-80% homeowner overpayment are found in the cities of Rancho Mirage, Cathedral City, Palm Springs, Desert Hot Springs and the adjacent unincorporate Riverside County area as well as the City of Coachella. The City has included Programs H-1.1.a, H-2.1.b, H- 2.3.b to incentivize development of affordable housing and has included an action in Program H-5.2.a to connect minority populations to lending programs for homeownership. 410 97 Source: Housing and Community Development, 2021 II-22 08.17.21City of La Quinta General Plan Overpayment by Renters La Quinta, California Exhibit 411 98 Source: Housing and Community Development, 2021 II-23 08.17.21City of La Quinta General Plan Overpayment by Owners La Quinta, California Exhibit 412 99 In La Quinta, less than a third (28.6%) of the housing stock is older than 30 years, and less than 5% is over 50 years old. Older homes are typically found in the Cove area. After 30 years homes generally require major rehabilitation, such as a new roof or updated plumbing. As discussed earlier, a 2007 City-wide housing conditions survey found that the majority of 59 units in need of minor or moderate rehabilitation were in the Cove area. The Code Compliance staff track property maintenance and planned for a housing conditions survey in fiscal year 2021/2022. The repair costs can be prohibitive such that the owner or renter live in unhealthy, substandard housing conditions or the renter is displaced if the house is designated as uninhabitable and the owner does not complete repairs. To prevent these situations, the City offers programs that assist homeowners and apartment complex owners with home maintenance and repair costs. Homeowners interested in reducing their utility bills through upgrades now have an alternative to tapping their mortgage for home equity loans. Through partnership with the City of La Quinta, HERO and Ygrene offer a wide array of home energy products at low-fixed interest rates with flexible payment terms of up to 20 years (see Programs H-4.4.a through H-4.4.d). Mortgage Loan Indicators Data related to home loan applications is made available annually through the Consumer Financial Protection Bureau, through the Home Mortgage Disclosure Act (HMDA). The data is organized by census tracts rather than local jurisdictions, and thus the following analysis is based on census tracts located entirely within the City of La Quinta (451.09, 451.10, 451.20, 451.2116, and 456.08). Among first mortgage loan applications originated in La Quinta in 2020, 74.3% were made to white applicants. For 19.9% of loans issued, race data was not available. Among first mortgage loan applications originated in La Quinta in 2020, Asian (39, 1.8%), Black or African American (30, 1.4%), American Indian or Alaska Native (6, 0.3%) and Native Hawaiian or Other Pacific Islander (5, 0.2%) homebuyers received a small percentage of total mortgage loans. The percentages of originated loans for white, Asian and Black or African American groups are lower than the corresponding race distribution of La Quinta. Considering the 19.9% of loans with unavailable data on race and geographical area covered in the analysis, the pattern is largely consistent with the City-wide race distribution. HMDA data combines data on Hispanic or Latino identity within other race categories; approximately 10.3% (224) of 2,181 originated loan 16 The northeast corner of Tract 451.21 is located in City of Indio, which consists of a gas station and convenience store. These commercial properties do not affect home mortgage data. 413 100 applications went to borrowers identifying as Hispanic or Latino. The majority (239, 68.5%) of the 349 first mortgage loan applications that were denied were denied to white applicants (including 30 borrowers that also identified as Hispanic or Latino). Nine (2.6%) applications were denied to Asian borrowers, five (1.4%) were denied to borrowers identified as Black or African American, three (0.9%) were denied to borrowers identified as American Indian or Alaska Native and one (0.3%) were denied to Native Hawaiian or Other Pacific Islander borrowers. For 82, or 23.5% of denied loan applications, race data was not available. The racial distribution in denied applications are roughly proportional to that in originated loan applications, except for the variations in American Indian or Alaska Native and Native Hawaiian or Other Pacific Islander groups due to small numbers of applications. Therefore, the denied loan distribution is considered largely consistent with the City-wide race distribution. In 2019, the origination rate to white applicants was higher than in 2020, with 77.1% of the 1,222 first mortgage loans originated for home purchases going to white residents. Black (1.6%, or 20 loans) residents had a marginally higher share of loans originated in 2019 as compared to 2020, while Asian (1.1%, or 14 loans) had a somewhat lower share of loans originated in 2019 as compared to 2020. The origination rates for American Indian or Alaska Native (0.2%, or 2 loans) and Native Hawaiian or Other Pacific Islander (0.1%, or 1 loan) groups in 2019 were marginally lower than in 2020. Race data was not available for 17.9% of first mortgage loans originated. Of the 262 first mortgage loans that were denied in 2019, 74.0% were denied to white applicants (194 loans, including 26 borrowers that also identified as Hispanic or Latino). Seven (2.7%) applications were denied to Asian borrowers, three (1.1%) were denied to borrowers identified as Black or African American. Approximately 10.6% of loans originated and 11.8% of loans denied were for applicants who identify as Hispanic or Latino, though these loans are also counted within other race categories. As described in Policies H-1.4 and H-5.5, the City will strive to ensure equal access to lending programs for people in all segments of the population and prevent any discriminatory practices based on race, color, national origin, religion, sex, age, or disability. Enforcement and Outreach Capacity The City enforces fair housing through periodical reviews of its policies and code for compliance with State law and investigation of fair housing complaints. The City of La Quinta regularly updates their policies and codes to reflect changes in State law. The City is set to meet housing element deadlines through efforts from both staff and consultants. The 414 101 City will prioritize programs with action items on zoning code updates to facilitate housing. The City has included an action in Program H-2.2.a to update its Zoning Ordinance on density bonus provisions according to AB 2345. Program H-2.3.b requires the City to develop incentives for inclusion of affordable housing units in mixed use projects in the Highway 111 corridor. Other programs include assessing affordability of accessory dwelling units (H-2.1.a) and updating homeless shelter provisions to comply with AB 101 (Low-Barrier Navigation Centers) (H- 5.4.a). These changes will be completed at regular Zoning Ordinance update in 2021-2022. Apart from zoning and development standards, fair housing issues can occur in rental, lending and purchase of housing including discriminatory behaviors by landlords, lenders, and real estate agents. Typical cases range from refusal to grant reasonable accommodation requests or allow service animals to selective showing of property listings based on familial status, sex, religion, or other protected class, and more. The City complies with fair housing law on investigating such complaints by referring discrimination cases to the Fair Housing Council of Riverside County, Inc. (FHCRC), a non-profit organization approved by the Department of Housing and Urban Development (HUD) that works with individuals and government agencies to ensure that fair housing laws are upheld. Services include anti-discrimination education and investigation, landlord-tenant dispute mediation, foreclosure prevention, pre-purchase consulting, credit counseling, and training. The City website describes and provides a link to FHCRC. On August 9, 2021, FHCRC provided housing discrimination records in La Quinta during the 2014-2021 planning period. Of the 52 complaint records, physical disability (21, 40%) and sex (15, 29%) were the two main bases, followed by mental disability (5, 10%). Three each were based on national origin and age, two based on familial status, and one each based on race, source of income and arbitrary. The race/ethnicity distribution data shows 40% of the records were filed by persons identified as “White Non Hispanic” and 38% by persons identified as “White & Hispanic”. Six records (12%) were filed by persons identified as “Black Non Hispanic”, and 5 records (10%) were filed by persons that “Chose not to respond to race (not Hispanic)”. Additional details including case status/outcome were not provided on these records, and thus they are inconclusive to identify any patterns. HUD’s Region IX Office of Fair Housing and Equal Opportunity (FHEO) provided case records for La Quinta in July 2021. Five fair housing cases were filed with their office during the previous planning period, two 415 102 based on disability and retaliation, one each based on disability/race, and the other based on race and retaliation. Three of these cases were closed with conciliation or successful settlement, and two others were closed due to no cause determination. All five cases were handled through the Fair Housing Assistance Program (FHAP), in which HUD funds state and local agencies that administer fair housing laws that HUD has determined to be substantially equivalent to the Fair Housing Act. California Department of Fair Employment and Housing (DFEH) is the only certified agency for FHAP in California. Because state law has additional protected classes than federal law, DFEH may have additional case records. A request was made in July to DFEH, but they were not able to provide data as of August 13, 2021. FHCRC and FHEO were not able to provide specific locational information for cases either because they do not track the geographic origin of complaints or due to confidentiality concerns. However, given the number of FHEO case records and their outcome, the City of La Quinta would have a low potential for any patterns or concentrations of fair housing issues in the City. However, the City continues to work with agencies and local organizations to affirmatively further fair housing through outreach and support and referral for housing discrimination cases (Programs H-1.4-a, H-5.2.b and H-5.2.c). Sites Inventory The City examined the opportunity area map prepared by HCD and TCAC (Exhibit II-14) and identified inaccurate designations for the southern end of the City. The area is generally bounded by Avenue 60 on the north and Monroe Street and City boundary on the other sides. This area consists of vacant land, Coral Mountain Golf Club and Trilogy La Quinta (a retirement community). As discussed above, it is designated “High Segregation & Poverty” most likely due to its location in a larger census tract that includes primarily unincorporated rural/agricultural communities. Based on local knowledge and data, the area in southern La Quinta is least likely to experience segregation based on low income or qualify as Area of High Segregation and Poverty. This area should be designated as “Moderate Resource” or better, with potential drawbacks being its distance from job opportunities and schools. The opportunity area map designates the majority of the City as “Highest Resource” or “High Resource”, which indicate areas whose characteristics have been shown by research to support positive economic, educational, and health outcomes for low-income families— particularly long-term outcomes for children. The City extends into the Santa Rosa Mountains in the west and south, and much of the area in the southwestern City is designated as Open Space – Natural on the 416 103 General Plan and not available for development. The City is largely built out, and future housing development will occur as mainly infill projects and on the south side of the City where there are larger vacant parcels. Using the statewide opportunity area map, local knowledge, and indicators of segregation, displacement risk, and access to opportunity as overlays to the City’s vacant land inventory, the City was able to identify sufficient sites for affordable units in La Quinta’s sixth cycle inventory (See Exhibit II-24 and Table II-51) in areas identified by TCAC/HUD as either “Highest Resource” or “High Resource” with the highest Jobs Proximity Index scores. Part of Site 15 falls in the “High Segregation & Poverty” area, which is an inaccurate designation as discussed above. Sites in the inventory are dispersed in areas ranging from lowest to highest diversity ratings (Exhibit II-15), although some of the sites south of the Highway 111 and near the Cove area are in areas with lower median incomes (<$55,000, see Exhibit II-18). As shown in the inventory map (Exhibit II-24), the sites identified for future housing development are located in different parts of the City in various zoning districts and dispersed to the extent possible with available lands, which will encourage a mix of household types across the City. Most of the sites identified for this Housing Element, primarily those located along the Highway 111 corridor and near the Cove area, will result in small-lot development and housing affordable to lower-income households. Above moderate income units will be built in the southern City on larger lots. The vacant sites that are zoned suitably for multiple income categories are distributed in the central and north sides of the City, which combat potential segregation and concentration of poverty by providing a variety of housing types to meet the needs of residents in these areas. Several sites identified for affordable housing are located along the Highway 111 corridor, which offers a variety of resources and amenities. Two bus routes serve the area, which provide local and regional connectivity in the City, Coachella Valley and San Bernardino County (a commuter route). The Highway 111 corridor area features walkable streets and neighborhoods, and provides walking access to retail, restaurants, grocery and personal services. There are elementary and high schools and public parks nearby. Similarly, the sites in the inventory near the Village area also have easy access to the various retail, dining and services there, as well as La Quinta Library, Civic Center Park and La Quinta Museum. There are two elementary schools and one preschool in the Village area and vicinity. SunLine Bus Route 7 serves the Village area. These future housing sites affirmatively further fair housing 417 104 through their proximity to jobs, education and transit, neighborhood retail and services, all of which can reduce the overall cost of living for lower-income households. The stores, restaurants and offices in both the Highway 111 and Village commercial districts provide various job opportunities. The City analyzed environmental constraints, including wildfire zones, 100-year special flood hazard areas and geological hazard zones, and confirmed that none of the sites identified are within or near any identified hazard zones that cannot be mitigated with standard construction techniques. With the implementation of standard requirements such as site-specific geotechnical studies, the sites identified in the vacant land inventory will not subject future residents to any environmental hazards. Evidence provided by the HUD tables and maps reveal there are no disparities in access to environmentally healthy neighborhoods, except that the southern City area has an inaccurate designation for less positive environmental outcomes due to its location in a larger tract. When compared with the east Coachella Valley and areas north of the Interstate-10, the City scores higher in the environmental domain. Contributing Factors Discussions with community members and organizations, government agencies, affordable housing developers, and the assessment of fair housing issues identified several factors that contribute to fair housing issues in La Quinta, including: • Low vacancy rates and limited availability of affordable, accessible units in a range of sizes, especially for lower-income renters, families with children and disabled people. • Lack of access to opportunity due to high housing costs including rising rents and stagnant income. • Lack of information made easily available to all segments of the community on landlord, tenant and buyer rights and opportunities. This may indirectly contribute to discriminatory practices during leasing and lending processes. Based on this assessment, these contributing factors largely stem from a common issue of limited options and supply. The City identified two priorities to further fair housing: expand availability of affordable housing and combat discriminatory practices through education. Programs under Policies H-1.4 and H-5.52 focus on information 418 105 dissemination to all segments of the City population for affirmatively furthering fair housing and combating discrimination. Additionally, the City has incorporated meaningful actions that address disparities in housing needs and in access to opportunity for all groups protected by state and federal law, through preservation and new development of affordable housing and encouraging a variety of housing products including accessory dwelling units and other creative housing solutions such as shipping container conversions. (See Programs H-1.1.a, H-2.1.a through H-2.1.c, H-2.3.a through H-2.3.d, H-3.3.b, H-4.4.a through H- 4.4.e). HOUSING CONSTRAINTS Constraints to the provision of adequate and affordable housing are posed by both governmental and nongovernmental factors. These factors may result in housing that is not affordable to lower and moderate income households or may render residential construction economically infeasible. Constraints to housing production significantly impact households with lower incomes and special housing needs. To accurately assess the housing environment in the City of La Quinta, close consideration needs to be given to a series of constraints; the housing market, infrastructure, and environmental and governmental factors that impact the cost of housing. Nongovernmental Constraints Although housing costs in the Coachella Valley region are, on average, below other metropolitan areas in Southern California, the cost of renting or purchasing adequate housing in La Quinta continues to be influenced by a number of market factors. Costs associated with labor, raw land, materials, and financing influence the availability of affordable housing. Land and Construction Costs Land costs include the costs of raw land, site improvements, and all costs associated with obtaining government approvals. Factors affecting the costs of land include overall availability within a community, environmental site conditions, public service and infrastructure availability, aesthetic considerations, and parcel size. The cost of land is an important component in determining the cost of housing development. Land in the Coachella Valley has been and remains relatively affordable compared to other Southern California markets. A 2020 survey of single- and multi-family undeveloped residential land sales in La Quinta shows that vacant residential land ranges from $99,000 for a 0.12-acre parcel in the Cove to $1.5 million for a 0.47-acre parcel in Tradition. The average cost is $448,493 per acre. 419 106 Construction costs can constitute up to 50 percent of the cost of a single-family detached home. Labor costs are usually two to three times the cost of materials, and thus make up 17 to 20 percent of the total cost of a new home. Labor costs are based on a number of factors, including housing demand, the number of contractors in the area, and union status of workers. However, state law requires the payment of prevailing wages for most private projects built under an agreement with a public agency providing assistance to the project, except for certain types of affordable housing. All cities are affected by these laws. In the Coachella Valley, construction costs for single-family dwelling units generally range between $235 to over $275 per square foot (excluding site improvements).17 Construction costs for vertical multi- family units generally range from $125 to $145 per square foot, based on typical 50-70 unit project with a 2 to 3 story garden style, Type V wood building.18 A survey of regional affordable housing developers determined that the average construction cost for affordable housing units in the Coachella Valley is approximately $317,074 per unit. Costs can vary widely depending on a number of factors, including but not limited to, location, project site, unit size, bedroom count, finishes, fixtures, amenities, building type, and wage and hiring requirements. Other determining factors include site-specific terrain and soil conditions, environmental factors, and availability of infrastructure. The construction cost of housing may be considered a constraint to affordable housing in the La Quinta area. The City cannot directly control construction costs. Hence, increases in these costs amplify the need for subsidies to achieve affordability in residential units. Through density bonus provisions, the City provides incentives and relief to the development community in exchange for the inclusion of affordable housing into a project. Financing Interest rates impact both the purchase price of the unit and the ability to purchase a home. Interest rates are determined by national policies and economic market conditions and local government has no impact on these rates. Historical market trends reveal that when interest rates are high, a potential homeowner’s ability to secure a loan decreases. Conversely, when rates are low, homeownership becomes more accessible to more families. 17 Gretchen Gutierrez, CEO, Desert Valleys Builders Association, March 2021. 18 Chris Killian, Senior Vice President of Construction, National Core, March 2021. 420 107 The La Quinta market has demonstrated that when interest rates are low, the majority of housing demand focuses on single-family homes. When interest rates are high (in excess of about 12 percent) for any length of time, only a small percentage of new home buyers can qualify for monthly mortgage payments on the average market rate single- family home. At this point, demand shifts to lower priced units, usually multifamily, and construction trends follow. First-time home buyers are the group most impacted by financing requirements. The currently low mortgage rates (at or below 4 percent) facilitate first-time home buying. Typically, conventional home loans will require 5 to 20 percent of the sale price as a down payment, which is one of the largest constraints to first-time home buyers. When interest rates are low, they are not generally a serious constraint to affordable housing. Further, lower interest rates help support home purchases by low and moderate income households, who may not be able to qualify at higher rates. There is no evidence that nongovernmental constraints affect the City’s ability to meet the RHNA. Furthermore, the City cannot influence banks, lending institutions or the suppliers of building materials. Although the City will continue to work with the affordable housing development community to reduce costs and encourage development through fee waivers, density bonus provisions and other means over which it has control, it cannot impact the national economy. Governmental Constraints The City has traditionally exercised authority in the areas of land use controls, site improvement requirements, building codes, fees, and other regulatory programs. General Plan Land Use Designations The two General Plan residential designations are Low Density Residential and Medium/High Density Residential. The densities of individual parcels are further refined in the Zoning Ordinance. Under General Plan Program LU-7.1.a (Policy LU-7.1), the City has established a mixed-use overlay that allows for the construction of housing to be integrated in various ways, such as above office space or commercial uses. The overlay is applied to all commercial zones. The mixed use overlay works together with the affordable housing overlay to raise densities to 24 units per acre (not including density bonus). The density ranges allowed for each residential district used to calculate housing at build out are listed in Table II-38. 421 108 Table II-38 Residential General Plan and Zoning Districts General Plan Zoning Density Purpose Low Density Very Low Density Residential (RVL) Up to 2 units per acre One-to two-story single-family detached homes on large lots; at the southeastern boundary of the City. Low Density Residential (RL) Up to 4 units per acre Single-family attached and detached development, both in a country club setting and in standard subdivisions. Agriculture/ Equestrian Residential Overlay (A/ER) Applied to underlying residential designations Allows continuation of agricultural activities in Vista Santa Rosa area. Medium High Density Medium Density Residential (RM) Cove Residential (RC) Up to 8 units per acre One-to two-story single-family detached and attached homes on medium to small sized lots; clustered small dwellings, such as one to two-story single-family condominiums, townhomes, or apartment and duplexes. Medium High Density Residential (RMH) Up to 12 units per acre One-to two-story, single-family detached homes on small lots; one-to two-story single-family attached homes; one-and two- story townhomes, condominiums and multifamily dwellings. Mobile home parks may be allowed with the approval of a Conditional Use Permit. High Density Residential (RH) Up to 24 units per acre for affordable housing sites One-to two-story single-family attached homes; one-to three- story townhomes and multifamily dwellings. Duplex and multiplex development is the most common. Mobile home parks or subdivisions with common area amenities and open space may also be allowed subject to a Conditional Use Permit. 422 109 Table II-38 Residential General Plan and Zoning Districts General Plan Zoning Density Purpose General Commercial Regional Commercial (CR) Commercial Park (CP) Community Commercial (CC) Neighborhood Commercial (CN) Office Commercial (CO) Up to 24 units per acre for affordable housing and with mixed use overlay High density residential uses are permitted with a Conditional Use Permit. Village Commercial Village Commercial (VC) Up to 24 units per acre for affordable housing and with mixed use overlay Medium High and High Density residential land uses are appropriate. Live/work housing is also appropriate. Tourist Commercial Tourist Commercial (CT) Up to 24 units per acre with mixed use overlay Multifamily residential and condominium development is permitted with a Conditional Use Permit. Source: City of La Quinta General Plan and Zoning Code 2021 Zoning Code The residential zone portions of the Zoning Code impact housing affordability in several ways. The Zoning Code regulates such features as building height and density, lot area, setbacks, minimum units, and open space requirements for each zoning district. Development standards for the six residential zoning classifications and two overlay districts are provided in Table II-39. Residential land use regulations allow for single-family detached development by right at allowable densities between 0 and 12 units per acre. Single-family detached housing at higher densities may be achieved with a specific plan for individual projects as long as overall density is not exceeded. Single-family attached and multifamily development is permitted by right at densities between 8 and 24 units per acre and these types of residential uses are also permitted in lower density zones under the provisions of a specific plan. A variety of residential development is possible in the City, ranging in average density from less than two units per acre for lands designated Low Density to 24 units per acre for affordable housing in the High 423 110 Density and all Commercial categories. If a density bonus is utilized, greater residential densities may be achieved in any zone. Table II-38 identifies the list of permitted uses by residential district. The Zoning Ordinance also includes Supplemental Residential Regulations, which address a wide range of issues, from how to measure building height, to satellite dish installation and recreational vehicle storage. These standards are not subjective, and serve to clarify requirements for specific uses. Lower Density Residential Districts The RVL and RL zones provide for low density residential uses with densities consistent with the General Plan LDR designation (up to four units per acre). Single-family development in lower density zones is allowed through a building permit, following administrative review for consistency with the Zoning Code and state requirements. Developments requiring a tract map to establish new lots of record are reviewed by various City departments and adopted through Planning Commission and City Council public hearings. Typical conditions of approval relate to environmental quality such as erosion control, storm drainage, and access. Higher density uses, such as patio homes, duplexes, attached single- family dwellings, townhomes, and condominiums, may be permitted in RVL and RL zones when part of a specific plan or planned unit development (PUD), as long as the overall density of the project does not exceed that permitted by the underlying zone. The specific plan is reviewed by various City departments and a determination is made by the City Council at a regularly scheduled public hearing. Specific plans are typically adopted by resolution and are common throughout the City. Accessory Dwelling Units (ADUs), Junior Accessory Dwelling Units (JADUs), and guest houses are permitted as accessory uses in all residential districts. ADUs and JADUs are permitted in any residential zone, and guest houses are permitted on any single-family residential lot. In the RVL and RL zones, more than one guesthouse may be permitted with director approval. The City’s ADU requirements may not be consistent with current State law. Program 2.1.a provides for the modification of the Zoning Code to comply with current law. These types of housing units are described further below. Residential care facilities with 6 or fewer persons, and senior citizen residences with 6 or fewer persons, are also permitted in all residential districts. Congregate living facilities with 6 or fewer persons are permitted in all residential districts, except RH. 424 111 Development in the Cove, under RC zoning, allows for development and preservation of the character of the Cove, with one story single-family detached dwellings. The Zoning Code also establishes a minimum 7,200- square-foot lot size, which may require lot consolidation in some circumstances. However, as the majority of the Cove was originally subdivided into 5,000 square foot lots, existing lots less than 7,200 square feet are considered buildable nonconforming lots. Medium and High-Density Residential Districts The RM, RMH, and RH zones allow an upper range of development density consistent with the General Plan Medium/High Density Residential designation. Minimum side yards and setbacks are required where a project abuts an exterior boundary or a public street. However, lot coverage, width, and setbacks within a project are variable to allow for clustering or creative lot configurations, as well as creating space for desired recreational and open space amenities. As shown in Table II-39, the development standards in the RMH and RH zones are not a constraint: front yard setbacks for apartments are 20 feet, side yards 5 to 15 feet, and rear yard setbacks 15 to 20 feet. Given that apartments include parking areas surrounding the buildings, front and rear setbacks of this dimension allow for the placement of driveways, parking spaces and carports, and do no limit the use of the site. As demonstrated at the Wolff Waters and Coral Mountain Apartments, the Zoning Ordinance does not constrain the development of multifamily housing. Multifamily development is allowed in all three zones with a Site Development Permit approved at regularly scheduled Planning Commission public hearings. The City’s Zoning Code allows for innovation in design standards and densities as long as the overall density and dwelling unit capacity is not exceeded. Residential compatibility standards have been incorporated into the Zoning Code, which governs conditions where higher or lower density uses are proposed than the General Plan designation. As explained previously, ADUs, JADUs, and guest houses are permitted as an accessory use in all residential districts, including the RM, RMH, and RH zones. In the CR, RM, RMH, and RH zones, only one guesthouse may be permitted on a lot unless otherwise approved through a specific plan. Residential care facilities with 6 or fewer persons, and senior citizen residences with 6 or fewer persons, are also permitted in all residential districts. Additionally, senior group housing with 7 or more persons are permitted with a minor use permit in the RM, RHM, and RH districts. Supportive and transitional housing is permitted with a 425 112 conditional use permit in the RM, RHM, and RH districts. Congregate living facilities with 6 or fewer persons are permitted in all residential districts, except RH. Residential Uses in Nonresidential Districts There are development opportunities for residential uses in several of La Quinta’s nonresidential zones (Table II-39). Multifamily housing is permitted with a Conditional Use Permit in all commercial zones except Major Community Facilities (MC). Residential uses are to be developed at densities consistent with the High Density residential designations. The Village Build-Out Plan Area encourages residential development in mixed use projects according to the standards and incentives of the Mixed Use Overlay. Maximum permitted densities are 25–30 units per acre, depending on location, which are higher than those permitted in any residential zone or the Affordable Housing Overlay (AHO) (up to 24 du/ac). Maximum building height is 45 feet, which is higher than that permitted in any residential zone (maximum 40 feet). As such, the Village Build-Out Plan Area does not constrain development. As with most commercial zones, projects can be developed in the Village Commercial District that are 100 percent residential in use, as there is no requirement that a project be a mix of residential and nonresidential uses. Development standards specific to the Village currently include a 45-foot maximum height. Residential floors generally range from 10–12 feet in height. If a project contains solely residential uses, the 45-foot height limit does not constrain development. Mixed use projects consisting of both multifamily residential and commercial/office components are permitted in all commercial districts except MC. The Mixed Use Overlay also facilitates mixed use projects. Uses may be integrated vertically (residential over commercial) or horizontally (residential next to commercial). Residential densities range between 12 and 24 units per acre, although higher densities may be achieved through density bonuses, including a density bonus of 10% where at least 30% of total project square footage consists of retail uses. Maximum heights vary from 35 to 60 feet, depending on the underlying district, but heights may be up to 25% more than the base district if approved in the site development permit. 426 113 The Affordable Housing Overlay (AHO) allows development of affordable housing at higher densities within commercial zones (CC, CP, CN, CR, and VC) and other sites identified on the zoning map. The AHO provides increased and enhanced opportunities for affordable housing development, including maximizing the housing potential of vacant and underutilized sites. Zoning Code Section 9.60.260 describes opportunities for granting density bonuses and other incentives and concessions for the development of units affordable to low and very low income households, senior citizen housing, mobile home parks, and moderate income households. Available concessions may include reductions in setback or parking requirements, modifications of architectural design requirements, or other approved measures that can result in cost reductions to the developer. As provided in Program H- 3.1.a, the AHO will be applied to all affordable inventory sites, with a density increase to 30 units per acre. Rooming and boarding houses and senior group housing are permitted in the VC zone if a minor use permit is approved. Single Room Occupancy (SRO) hotels are conditionally permitted in the CR zone. Emergency shelters are permitted in all commercial zones except VC. Transitional shelters for homeless persons or victims of domestic abuse are permitted in the CR and MC zones with a conditional use permit. Transitional and supportive housing are permitted in the Medium, Medium-High and High Density residential zones with a conditional use permit. This is not consistent with other residential uses, which are permitted uses in the same zones. Program H-5.4.b requires that these uses be changed to permitted uses in those zones. 427 114 Table II-39 2021 Residential Development Standards1 Development Standard RVL RL RC RM RMH RH Min. Lot Size for Single- Family Dwelling (sq ft) 20,00 0 7,200 7,200 5,00 0 3,600 2,000 Min. Project Size for Multifamily Projects (sq ft) N/A N/A N/A N/A 20,000 20,000 Min. Lot Frontage for Single-Family Dwellings (ft)1 100 60 60 50 40 N/A Min. Frontage for Multifamily Projects (ft) N/A N/A N/A N/A 100 100 Max. Structure Height (ft) 2 28 28 17 28 28 40 Max. No. of Stories 2 2 1 2 2 3 Min. Front Yard Setback (ft)3 30 20 20 20 20 20 Min. Garage Setback (ft)4 30 25 25 25 25 25 Min. Interior/Exterior Side Yard Setback (ft)5, 7 10/20 5/10 5/10 5/10 5/10 10/15 Min. Rear Yard Setback (ft)7 30 20 for new lots/10 for existing recorde d lots8 10 15 15 20 Max. Lot Coverage (% of net lot area) 40 50 60 60 60 60 Min. Livable Area Excluding Garage (sf) 2,500 1,400 1,200 1,400 1,400 (MF: 750) MF: 750 Min. Common Open Area6 N/A N/A N/A 30% 30% 30% Min./Average Perimeter Landscape Setbacks (ft)6 10/20 10/20 N/A 10/20 10/20 10/20 1-8 for notes, see Zoning Code Table 9-2. Source: Table 9-2, City of La Quinta Zoning Code 2021. 1 Residential uses in Commercial zones are subject to the RH development standards. 428 115 Table II-40 2021 Permitted Residential Uses by Residential Zoning District Land Use Residential Zoning District Very Low Low Cove Medium Medium High High RVL RL RC RM RMH RH Single-Family Detached P P P P P S Single-Family Detached patio homes (i.e., “zero lot-line”) PUD PUD PUD PUD PUD PUD Duplex PUD PUD X PUD P P Single-Family Attached PUD PUD X PUD P P Townhome dwellings PUD PUD X P P P Condominium Multifamily PUD PUD X P P P Apartment Multifamily X X X P P P Mobile Home Park C C C C C C Mobile Home Subdivision and Manufactured Home on individual lots, subject to Section 9.60.180 P P P P P X Resort Residential, subject to Section 9.60.310 P P X P P P Guesthouses, subject to Section 9.60.100 A A A A A A Second residential units subject to Section 9.60.090 A A A A A A Group Living and Care Uses Congregate Living Facility (≤6 persons) P P P P P X Congregate Care Facility C C C C C C Residential Care Facility (<6 persons) P P P P P P Senior Citizen Residence (≤6 persons) P P P P P P 429 116 Table II-40 2021 Permitted Residential Uses by Residential Zoning District Land Use Residential Zoning District Very Low Low Cove Medium Medium High High RVL RL RC RM RMH RH Senior Group Housing (7+ persons) X X X M M M Time share facilities, subject to Section 9.60.280 M M M M M M Bed and breakfast inns M M M M M M Supportive housing X X X C C C Transitional housing X X X C C C Source: Table 9-1, City of La Quinta Zoning Code 2021 P = Permitted use; C = Conditional use permit; M = Minor use permit; S= Specific plan; A = Accessory use; X = Prohibited use, PUD = Planned unit development Table II-41 2021 Permitted Residential Uses by Nonresidential Zoning District Land Use Zoning District Regional Commercial Commercial Park Community Commercial Neighbor- hood Commercial Tourist Commercial Office Commercial Major Community Facilities Village Commercial CR CP CC CN CT CO MC VC Existing Single- Family home X X X X X X X P Townhome and Multifamily dwelling as a primary use C C C C C C X C Residential as an accessory use, e.g., caretaker residences per Section 9.100.160 M M M M M M M M Resort Residential, subject to Section 9.60.310 S X C X P X X P 430 117 Table II-41 2021 Permitted Residential Uses by Nonresidential Zoning District Land Use Zoning District Regional Commercial Commercial Park Community Commercial Neighbor- hood Commercial Tourist Commercial Office Commercial Major Community Facilities Village Commercial CR CP CC CN CT CO MC VC RV Rental Parks and Ownership Membership Parks X X X X M X X X Emergency Shelter P P P P P P P X Rooming/ Boarding Housing X X X X X X X M Senior Group Housing X X X X X X X M Single Room Occupancy (SRO) Hotel, subject to Section 9.100.250 C X X X X X X X Transitional Shelters for homeless persons or victims of domestic abuse C X X X X X C X Single-family residential X X X X X X X X Mixed-use projects, subject to Section 9.110.120 P P P P P P X P Hotels and motels P X P X P X X P Timeshare facilities, fractional ownership, subject to Section 9.60.280 P X P X P X X P Source: Table 9-5, City of La Quinta Zoning Code 2021 P = Permitted use; C = Conditional use permit; M = Minor use permit; A = Accessory use; X = Prohibited use 431 118 Density Bonus California law (Government Code Sec. 65915 et seq.) allows for an increase in the density of a residential development when a developer donates land or constructs affordable housing as a part of a project. A density bonus of 20 percent above the maximum permitted density may be granted if a project includes 5 percent of the units at rates affordable to very low income households or 10 percent of the units at rates affordable to low income households. If 10 percent of the total units are affordable to moderate income households in a common interest development, then the project is eligible to receive a 5 percent density bonus. In addition, a sliding scale requires additional density bonuses above the base 20 percent. The maximum density bonus is 35 percent over the maximum allowable density under the applicable zoning and General Plan designation. With a density bonus, allowable residential densities range from 2.7 units per acre in the RVL zone to 32 units per acre in the high density and mixed-use zones and specific plans. Projects that are restricted to senior residents are also eligible for a density bonus of 20 percent without any income-restricted units. The density bonus is not required to exceed 20 percent and is not subject to the sliding scale mentioned above unless a minimum number of income- restricted units are included. Effective January 1, 2021, AB 2345 amends the state’s Density Bonus Law to increase the maximum density bonus from 35% to 50% for projects that provide at least: 1) 15% of total units for very low income households, 2) 24% of total units for low income households, or 3) 44% of total for-sale units for moderate income households. AB 2345 also decreases the threshold of set-aside low income units required to qualify for concessions or incentives from zoning or development regulations, and decreases the number of parking spaces required for 2 and 3-bedroom units. Density bonus projects within ½ mile of a major transit stop that provide unobstructed access to the transit stop may also qualify for reduced parking requirements. Program 4-2.2.a directs the City to amend the Zoning Ordinance accordingly to assure compliance with AB 2345. Accessory Dwelling Units In 2020/2021, to comply with AB 2299, the City modified Zoning Code Section 9.60.090 pertaining to Accessory Dwelling Units (ADUs). The modifications ease barriers to development of ADUs. ADUs are 432 119 independent living quarters on existing home lots, the use of which is subordinate and incidental to the main building or use. They can provide affordable rental opportunities for lower and moderate income households, including seniors, disabled persons, single parents, domestic employees, and extended family members. ADUs create additional housing opportunities on already developed or developing parcels and can provide a source of income for homeowners. They are often referred to as “casitas” throughout the Coachella Valley. ADUs are permitted in all residential-only zones and can be attached or detached to the primary residence. Conditions on the ADU require that no interest in the ADU(s) may be sold separately from the remainder of the property, though the unit may be rented (not less than 30 days); that the lot contain an existing single-family dwelling that conforms to the minimum lot size requirement; that the ADU is no larger than 1,200 square feet or 30 percent of the primary home; and must have a minimum of one off-street parking space on the same lot that the ADU is located. Parking requirements may be waived in certain circumstances, including when the ADU is within one-half mile of public transit or one-half block of a car-share station, within an architecturally and historically significant district, part of an existing primary residence or accessory structure, and/or required to obtain a parking permit from the City. The City’s ADU requirements may not be consistent with current State law. Program 2.1.a provides for the modification of the Zoning Code to comply with current law. Guest Houses Guest houses are detached or attached units with sleeping and sanitary facilities, which may include full bathroom and/or kitchen or cooking facilities. Standards and criteria for the establishment of guest houses are provided in Zoning Code Section 9.60.100. The purpose of guest houses is to provide free on-site housing for relatives, guests and domestic employees. This type of unit can be particularly important to provide housing opportunities for the City’s extremely low income workforce. Guest houses are permitted as accessory uses in all residential zones on any single-family lot, but are not permitted when duplexes, triplexes, or apartments occur on the lot. A guest house may not exceed 30 percent of the square footage of the primary structure and must conform to lot coverage requirements. Manufactured Housing Requirements Manufactured housing and mobile homes are considered housing alternatives, especially for serving the needs of lower-income households. Manufactured homes and mobile home subdivisions are 433 120 permitted uses in all residential zones, except for High Density Residential, subject to the provisions of Zoning Code Section 9.60.180, which requires approval of a minor use permit by the Planning Commission prior to the placement of a manufactured home on a single- family lot to ensure that it is consistent with the development standards of the single-family zone. Mobile home parks are permitted with a conditional use permit in all residential districts. Short-Term Vacation Rentals Municipal Code Section 3.25 defines a short-term vacation rental (STVR) unit as a privately owned residential dwelling such as, but not limited to, a single-family detached or multifamily attached unit, apartment house, condominium, cooperative apartment, duplex, or any portion of such dwellings, rented for occupancy for dwelling, lodging, or sleeping purposes for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Homeowners are required to obtain a STVR permit and business license, manage the unit in accordance with established regulations, and collect transient occupancy taxes (TOT) at a rate of 10% of the rent charged. In 2021, the City reviewed its STVR standards and made modifications to limit permitting and strengthen the enforcement regulations, following residents' concerns regarding over-saturation and lack of management at some locations. STVRs provide homeowners with opportunities to increase their incomes, which can offset their housing costs. STVRs comprise 1,170 of the 25,143 housing units, or 4.6% of the housing stock in the City, and are not considered a constraint to housing. Low Barrier Navigation Centers Assembly Bill (AB) 101 requires that Low Barrier Navigation Centers (LBNC) be a by-right use in areas zoned for mixed use and nonresidential zoning districts permitting multifamily uses. LBNCs provide temporary room and board with limited barriers to entry while case managers work to connect homeless individuals to income, public benefits, permanent housing, or other shelter. Program H-5.4.a of this Housing Element directs the City to review and revise the Zoning Ordinance, as necessary, to ensure compliance with AB 101, and to modify the definition of “homeless shelter” to include this use. Parking Requirements Parking requirements in the City of La Quinta, shown in Table II-42, are typical for a city of its size with resort-oriented characteristics. The parking requirements are based on unit size for market housing, and are permitted to be reduced based on alternative analysis methodology. 434 121 Additionally, the parking requirements for special needs uses are relatively minimal and facilitate the construction of such uses. Reductions in required parking spaces are often a concession granted to affordable housing developers through the City’s density bonus provisions. Overall, the parking requirements do not directly constrain the development of housing. Table II-42 Parking Requirements for Residential Uses Land Use Minimum Off-Street Parking Spaces Guest Spaces Single-Family Detached, Single-Family Attached and Duplex 2 spaces per unit in a garage Tandem garages allowed in RC zone 0.5 guest space per unit if no on-street parking is available Mobile Home Park 2 covered spaces per unit (tandem permitted) 0.5 guest space per unit Apartments, townhomes, and condominiums: (1) Studio 1 covered space per unit 0.5 guest space per unit (2) One- and Two- Bedrooms 2 covered spaces per unit 0.5 guest space per unit (3) Three or More Bedrooms 3 covered spaces per unit, plus 0.5 covered space per each bedroom over three 0.5 guest space per unit Employee Quarters 1 covered or uncovered space. This space shall not be tandem. Senior Housing (excluding single family units) 1 covered space per unit 0.5 guest spaces per unit Senior Group Housing, Senior Citizen Hotel, and Congregate Care Facility 0.5 covered spaces per unit 0.5 guest space per unit Source: Table 9-11, City of La Quinta Zoning Code 2021 Subdivision Improvement Requirements The City maintains subdivision improvement requirements that contribute to the cost of housing. In many cases, a developer may be required to provide any or all of the required improvements within a subdivision or a single residential project. Although the provision of these improvements or actions required to meet subdivision requirements may cumulatively add costs to the provision of housing, they are not considered a deterrent, as they are required throughout California with public safety as the underlying factor. Subdivision regulations are provided in Municipal Code Title 13; pertinent improvements include: 435 122 • Full-width street improvements for all internal subdivision streets and alleys shall be installed; • Where a subdivision borders a public street, the developer shall provide half-width right-of-way improvements, plus one additional travel lane on the opposite side of the centerline if it does not already exist; • Additional rights-of-way or easements shall be provided, where necessary, to accommodate roadway slopes, drainage structures, bicycle or equestrian paths and trails, and other facilities related to subdivision development; • Minimum landscape setback widths shall be 50 feet from Highway 111, 20 feet from other arterial streets, 20 feet from primary arterial streets, 10 feet from secondary arterial streets, and 10 feet from collector streets; • The size and configuration of streets shall comply with Exhibits II-2 and II-3, as amended, of the General Plan circulation element. Cul-de-sacs shall have a minimum curb radius of 45 feet for private streets and 38 feet for public streets; • Private streets are limited to 36 feet in width when parking is double loaded, 32 feet when single loaded; • Sidewalks are required to be provided on both sides of the street within public rights-of-way of all General Plan designated arterial and collector streets, for local streets in residential areas and in areas designated rural residential overlay where densities exceed 3 du/ac; • Transit facilities, such as bus turnouts and covered bus shelters and benches, are required if a bus stop occurs adjacent to the development site, on General Plan designated arterial and collector streets; • Street width transitions, pavement elevation transitions and other incidental work deemed necessary for public safety may be required to ensure that new construction is safely integrated with existing improvements; • Improvements shall include traffic signs, channelization markings/devices, street name signs, medians, sidewalks, and mailbox clusters; • The developer shall provide improvements connecting the subdivision to the domestic water supply and distribution system operated by the Coachella Valley Water District, and is required to connect to an existing sewer collection system; • Prior to the completion of homes or occupancy of permanent buildings within the subdivision, the subdivider shall install traffic-control devices and street name signs along access roads to the homes or buildings. 436 123 Local Processing and Permit Procedures The cost of holding land by a developer during the evaluation and review process is frequently cited by builders as a contributing factor to the high cost of housing. The California Government Code establishes permitted time periods for local agencies to review and act upon private development proposals. Typical local development application processing times identified in Table II-43 reflect both single- and multifamily uses. State-imposed time restrictions are identified in Table II-44. Table II-43 Local Development Processing Times Item Typical Length of Time From Submittal to Public Hearing Site Development Permit 9–12 weeks Conditional Use Permit 8–10 weeks Tentative Tract Map 10–12 weeks Variance 8–10 weeks Zoning Amendments or Zone Change 9–12 weeks General Plan Amendment 12–16 weeks Specific Plan 12–16 weeks Environmental Documentation Runs with application Source: City of La Quinta 2021 Table II-44 State Development Processing Time Limits Item State Maximum General Plan Amendment None Zone Change None Subdivision Action on Tentative Map 50 Days Environmental Documentation/CEQA Review of Application for Completeness 30 Days Determination of NEG DEC or EIR Requirement 1 30 Days Completion of NEG DEC Requirement 105 Days Certification of Final EIR 1 Year Source: California Permit Streamlining Act, 1977 1 The City attempts to process the Negative Declaration so that it runs with application La Quinta’s City Council directed, during the last Housing Element cycle, that staff look at opportunities for development streamlining. The original Zoning Code changes were brought forward after review by a specially formed committee, which proposed a wide range of changes, many focused on moving review and approval authority to staff level decisions, or to the Planning Commission rather than the City Council. 437 124 This effort included Site Development Permits and other permits, which now can be approved by staff under specific circumstances, and a change in permitted and conditionally permitted uses that removed conditional use permits from a number of land uses in varying zones. Since the original amendments, the City annually completes a “Code Tune Up,” which includes specific Zoning Code items that have arisen through each year. As a result of these processing changes, the City’s entitlement process is one of the most efficient in the Coachella Valley. Site Development Permit The purpose of the site development permit (SDP) process is to review detailed plans for proposed development projects to ensure that the standards of the Zoning Code, including permitted uses, development standards and supplemental regulations, are satisfied. If the proposed project is part of a previously adopted specific plan, the review and approval of SDP application may be streamlined as called for in the specific plan. The SDP process enables the Planning Commission to review the site plan, architectural, lighting and landscape plans, and related development plans. The Planning Commission does not exercise discretionary review over the proposed land use; the focus on the SDP is on issues of site planning and design. The findings for a Site Development Permit require consistency with the General Plan and Zoning Ordinance; conformance with CEQA; and compatibility of site design, landscaping and architecture to surrounding buildings. A SDP may take a minimum of 9 weeks for review, but the process could take as long as 3 months, or longer, if unforeseen complications arise. To reduce the amount of time required for plan review, the City provides the opportunity for a conceptual design review (sometimes referred to as a pre-application review) prior to formal application submittal to give the applicant information on City requirements and project feedback prior to committing to the application process. This conceptual review can save the applicant both time and money, making the proposed development more cost effective. Minor Use Permit A Minor Use Permit (MUP) is required for the following residential land uses: senior group housing (7+ persons) in RM, RMH, and RH zones; timeshare facilities in all residential zones; and manufactured homes on single-family lots. Most MUPs are administratively approved by Planning Division staff. On rare occasions, the project may be reviewed by the Planning Commission at a public hearing to ensure that it is consistent with the development standards in single-family zones. 438 125 Conditional Use Permit A conditional use permit (CUP) is required for congregate care facilities in any residential designation; mobile home parks in any residential designation; supportive and transitional housing in RM, RMH, and RH zones; multifamily housing in non-residential zones (except affordable land inventory sites which will be subject to the AHO (see Program 3.1.a), which allows multifamily projects by right); SRO hotels in the CR zone; and transitional shelters for homeless persons or victims of domestic violence in the CR and MC zones. The requirement for a CUP requires a public hearing before the Planning Commission. However, a CUP is often processed concurrently with an SDP; therefore, no additional time is required for the processing of the CUP. Typical findings required to approve a CUP are consistency with the goals, objectives, and policies of the General Plan, consistency with the Zoning Code, compliance with CEQA, and certification that the proposed project is neither detrimental to the health, safety, and welfare of the public nor injurious to adjacent uses. The most common specific conditions of approval relate to mitigating environmental impacts such as erosion, storm water runoff, and traffic. These conditions are necessary to protect environmental integrity and public health and safety and are not considered a constraint to housing development. Discussions with affordable housing developers have consistently indicated that the City’s CUP process does not inhibit the process or cost of building affordable housing. With the inclusion of the AHO on all affordable housing sites identified in Table II-51, there will be no need for Conditional Use Permits, and this constraint will be eliminated. Specific Plan Specific plans are unique regulations designed to provide more flexibility than permitted through the Zoning Code. The processing of a specific plan can add 12 weeks to the project schedule. However, the additional entitlement rights, flexibility in design and use, and infrastructure negotiations obtained through the specific plan process generally outweigh the impacts of the additional time expenditure. Specific plans must be reviewed by the Planning Commission and City Council at a public hearing. In La Quinta, specific plans are adopted by resolution. The required findings for approval are consistency with the goals, objectives, and policies of the General Plan; certification that the 439 126 project does not create conditions that are detrimental to public health, safety, and welfare; and proof that uses are compatible with nearby uses and the property is suitable for the proposed project. The City allows the concurrent processing of applications to accelerate the process. For example, for a specific plan that also requires a CUP, both permits would be processed at the same time so no additional review time is necessary. Overall, the processing periods and procedures are not considered a constraint to the production of housing by the development community. The City processes residential projects within statutory time frames. The processing period is typically expedited for projects within adopted specific plan areas, as environmental review has been conducted and standards have been imposed, e.g., exactions and payment schedules, design, etc., for the entire area and in itself does not significantly impact housing construction costs. Permitting Mixed Use Development Mixed use development can provide a lively, walkable, and convenient living and visiting experience. Mixed Use is allowed in most commercial zones in the City. The City has not determined any conditions of approval specific to mixed use development; conditions are determined on a case-by-case basis, reflecting the context and design of each project. Affordable housing developers in the area have indicated that the process in La Quinta has not posed a constraint to affordable housing projects. 440 127 Development and Processing Fees Development fees and other assessments cover the costs for infrastructure, environmental protection, public services, and utilities incurred by residential development. These fees impact the cost of housing and may, therefore, reduce the ability for unassisted market- rate housing to provide units affordable to low income households. The City describes current fees and exactions that are applicable to housing development projects on its website, consistent with Government Code §65940.1(a)(1)(A). The City imposes Developer Impact Fees on new development to fund the expansion and/or construction of public facilities, such as fire stations and parks and recreation facilities, as they are required and demanded. Government Code Section 66001 requires jurisdictions to identify the purpose and use of impact fees and determine whether there is a reasonable relationship between the use of a fee and type of development upon which it is imposed, the need for the facility and type of development on which the fee is imposed, and the fee amount and the public facility cost attributable to the development on which the fee is imposed. Current City developer impact fees (Table II-45) are based on the City’s “Development Impact Fee Study” dated September 23, 2019 and adopted February 4, 2020, which demonstrates that reasonable relationships between development, public facilities, and fees exist. The City also charges fees for application and permit processing, plan checks, environmental analyses, and special studies. Some fees are a flat rate, and some require additional payment to cover costs of additional analysis by City staff and/or third party service providers. Planning fees are generally collected at the outset of the application process; others, like building fees, are collected at permit issuance. In addition to City fees and assessments, developers of new dwellings are obligated to pay fees imposed by other government agencies, such as Coachella Valley Multi-Species Habitat Conservation Plan fees, Fish and Game fees, Transportation Uniform Mitigation Fees (TUMF), and other special district assessments, as applicable. Table II-46 presents an overview of City fees for an average 1,500- square-foot tract home with a two-car garage in a low density subdivision and an average 950-square-foot multifamily home with a two-car garage. Table II-47 identifies fees for various planning actions, such as zoning changes, tentative tract maps, and conditional use permits. Based on the fees presented in these tables, and the average cost of building an affordable housing unit in the City ($386,200), the 441 128 development fees per unit would be about $38,613 per unit, or 10% of the building cost. Given that the City’s fee schedule and development impact fees are consistent with those of other Coachella Valley cities, and that affordable housing projects are often exempted from fees, the costs associated with City fees are not considered a constraint to the development of affordable housing. In addition to these fees, all residential development in La Quinta and elsewhere in California is required to pay the State-mandated school impact fee, which varies by school district and adjusts from year to year. For residential development, the school impact fee is currently $3.79 per square foot in the Coachella Valley Unified School District (CVUSD) and $4.08 per square foot in the Desert Sands Unified School District (DSUSD). The City has no control over this fee, and as it is charged in all cities, it cannot be considered a constraint on development in La Quinta. While the fees charged by the City add to the cost of housing and, therefore, are a constraint to the provision of affordable housing, infrastructure improvements and processing must be paid. Instead of offering fee reductions or waivers for affordable housing projects, the City offers other incentives to promote infill or affordable housing development through Zoning Code Section 9.60.260, which allows density bonuses for affordable housing and concessions that may include a waiver or reduction in site development standards, or a modification that can result in actual cost savings to the developer. A comparison of the City’s fees with other communities in the Coachella Valley indicates that the City generally charges comparable fees to other cities. Table II-45 Impact Fees Per Unit of Development Land Use Type Development Units Total Fee6 Residential (SFD) 1 Dwelling Unit $9,380 Residential (SFA) 2 Dwelling Unit $7,719 Residential (MFO) 3 Dwelling Unit $6,113 Office/Hospital 1,000 SF $7,589 General Commercial 1,000 SF $9,191 Tourist Commercial/Lodging Room4 $2,864 Source: City of La Quinta, effective July 1, 2020 1 Residential-single-family detached. 2 Residential-single-family attached 3 Residential-multi-family and other 4 Guest room or suite 5 Net Acre 6 Includes fees for park improvements, community/cultural, library, Civic Center, maintenance facilities, fire, and transportation. 442 129 Table II-46 Development Fees for Typical Single-Family and Multifamily Homes Type of Fee Cost Per Unit Multifamily 1 Single-Family 2 Building Fees (includes permit and plan check) New Construction Permit Plan Check $1,855.18 $1,311.69 $2,389.24 $1,585.99 Mechanical4 $104.64 $104.64 Plumbing5 $228.07 $308.56 Electrical $214.13 $233.45 Strong Motion Instrumentation Program ($0.50 or valuation x 0.00013)8 $24 $38.99 Grading $148.12 $148.12 Other Fees Development Impact Fee $6,113 $9,380 Multi-Species Habitat Conservation Plan 3 $571 $1,371 TUMF7 $1,330 $2,310 CVWD Sewer-New Connection Fee $4,851 $4,851 CVWD Water - New Connection Fee6 $3,600 $3,600 Fish and Game Fee (unfinished lot) Negative Declaration–flat $3,220 fee $3,220 $3,220 Art in Public Places (Total Value) Based on project valuation charged at one- quarter of 1 percent of anything over $200,000 or $20 minimum $20 $250 Quimby fees (if in-lieu of land dedication—fee payment only option for tracts of <50 lots/units) Based on per-acre FMV of land Based on per-acre FMV of land Total $23,591 $29,791 Source: City of La Quinta 2021 1 Calculated on a 950-square-foot unit valued at $181,030 (average value of single-family attached unit, per building permits issued 2014-2020) 2 Calculated on a 1,500-square-foot home valued at $299,933 (average value of single-family detached unit, per building permits issued 2014-2020) 3 $1,371/unit at 0–8 DU/AC; $571/unit at 8.1–14 DU/AC; and $254/unit at >14 DU/AC; fees are passed through to the Coachella Valley Conservation Commission 4 Assumes 1 furnace, 1 refrigeration unit, 1 cooling unit 5 Assumes plumbing fixtures (MF unit = 5 fixtures, SF unit = 8 fixtures), water heater, installation of water piping, sewer connection 6 Connection and meter installation (assumes 1-inch pipe, 1-inch backflow device, and ¾-inch meter) 7 Transportation Uniform Mitigation Fee passed through to CVAG 8 SMIP fees are passed through to the CA Department of Conservation 443 130 Table II-47 Planning Department Fee Schedule Item/Type Permit Base Fee* Conditional Use Permit Planned Unit Dev. Amendment Time Extension $6,413 $6,413 $3,126 $1,691 Site Development Permit Amendment Time Extensions Planning Commission Administrative Modification by Applicant $4,669 $1,691 $8,909 $7,621 $400 Development Agreement $3,327 Minor Adjustment $400 Variance $2,415 Minor Use Permit Amendment $400 $400 Final Landscape Plan $1,771 Housing SB 330 Application Review $1,288 Conceptual Design Review $2,254 Street Name Change $1,852 Historical Structures Landmark Designation/Cert of Appropriateness $1,320 General Plan Amendment $10,465 Specific Plan $10,680 Amendment $4,776 Temporary Use Permit- Minor, Standard Minor, Requiring Addl. Effort Major, Standard Major, Requiring Addl. Effort $400 $400 $2,093 $2,093 Zoning Certificate of Compliance $505 Change of Zone $9,392 Zoning Text Amendment $9,445 Director’s Determination $405 Letter, Basic Property Info $263 Letter, Addl. Research Required $1,369 Sign Permit A-Frame Sign Permit Sign Program Sign Program Amendment $355 $0 $2,844 $966 Tentative Parcel Map Waiver Amendment Revision Time Extension Amended Final Parcel Map $5,045 $1,369 $3,005 $3,005 $966 $4,025 444 131 Table II-47 Planning Department Fee Schedule Item/Type Permit Base Fee* Tentative Tract Map Revision Amendment Time Extension (CC or PC) Time Extension (Admin) Tentative Condominium Map Amended Final Tract Map $8,372 $3,971 $3,971 $1,852 $1,047 $8,372 $6,440 Appeals $1,500 Environmental Review Environmental Assessment Recordation of Exemption Initial Study (ND/MND) Environmental Impact Report $483 $161 $3,220 $8,855 Zoning Clearance – Planning Plan Check Alteration/Addition – Resid. New Construction – SF Resid. New Construction – 2-4 Units New Construction – 5+ Units New Construction – non-resid. Alteration/Addition – non-resid. $81 $161 $242 $644 $322 $161 Source: City of La Quinta, adopted July 21, 2020 * In addition to the fees identified here, the City will pass through to the applicant any fees imposed by other agencies and any discrete costs incurred from the use of outside service providers required to process the specific application. Building Codes and Enforcement The City of La Quinta has adopted the following State Codes: 2019 California Building Code, 2019 California Mechanical Code, 2019 California Plumbing Code, 2019 California Energy Code, and the 2019 California Electrical Code. In addition, the City enforces the 2019 California Fire Code, Residential Code, and Green Building Standards Code. Overall, the Building Codes adopted by the City of La Quinta do not pose any special constraints on the production or cost of housing. The City has not made substantive amendments to the code that would adversely affect housing. The City of La Quinta enforces the Health and Safety Code, as it pertains to housing, which provides minimum health and safety standards for the maintenance of the existing housing supply. These standards are intended to provide for safe and sanitary housing that is fit for human habitation. The enforcement of the Health and Safety Code is normally handled on a complaint-response basis. 445 132 The most common housing-related problem is illegal additions/garage conversions. Warnings are issued with a referral to the City and other agencies for remediation assistance. The Housing Code mandates that health and safety deficiencies be corrected in accordance with construction standards that were in effect at the time the structure was built. In cases where property owners refuse to correct deficiencies, enforcement of the Housing Code relies on civil sanctions. Constraints to the Provision of Housing for Persons with Disabilities State law, per Senate Bill 520, requires that in addition to an analysis of special housing needs for persons with disabilities, the Housing Element must analyze potential governmental constraints to the development, improvement and maintenance of housing for persons with disabilities. Programs must be included to remove constraints to providing adequate housing for persons with disabilities. The City maintains general processes for individuals with disabilities to make requests for reasonable accommodation through Section 9.60.320 of the Zoning Code, the permit processing process, and building codes. A reasonable accommodation request is reviewed and approved by the Director, based on the following findings: a. Whether the subject property will be used by an individual with disabilities protected under fair housing laws; b. Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under fair housing laws; c. Whether the requested accommodation would impose undue financial or administrative burdens on the city; d. Whether the request for accommodation would require a fundamental alteration in the nature of a city program or law; e. Potential impacts on surrounding land uses; f. Alternative reasonable accommodations that may provide an equivalent level of benefit; The City’s process is administrative, and does not result in a constraint for persons requiring accommodation. Congregate living facilities with six or fewer persons are permitted by right in all residential zones except High Density; congregate care facilities with seven or more are permitted with a conditional use permit in all residential zones. Furthermore, residential care facilities and senior citizen residences of six or fewer persons are permitted in all residential zones. Senior homes of more than six are permitted subject to a Minor Use Permit in the RM, RMH, RH, and VC zones. 446 133 The Zoning Code also includes provisions for the reduction of parking requirements for affordable, senior and special needs housing, including senior and/or group homes, if a project proponent can demonstrate a reduced need for parking. The City also enforces ADA standards for the number of parking spaces required for persons with disabilities. There are no conditions or requirements imposed for group homes that would affect the development or conversion of residences to meet the needs of persons with disabilities. There are no minimum distance standards between two or more special needs housing developments. The City of La Quinta has adopted the 2019 California Building Code, as well as the 2019 California Mechanical, Electrical, Energy, Fire, Residential, Green Building, and Plumbing Codes. No amendments have been made to the codes that would diminish the ability to accommodate persons with disabilities. There are no restrictions on requests for retrofitting of homes for accessibility, such as ramps and handrails. Requests for such retrofits are handled as any other minor improvement to a home necessitating a building permit, with the exception that the design must meet all applicable standards and ADA requirements, and is reviewed at the inspection phase for conformance to construction requirements. Although requests for retrofit of existing homes have been extremely limited in the past few years, a number of homes advertised for resale in the Cove area have been retrofitted or built specifically for persons with physical disabilities and are described as such. The public review process for the approval of group or senior homes is no different from any other permitted use in the applicable zone. Where a group or senior home is permitted by right, no public hearing is required. The project is brought to the Planning Commission if a MUP is required, and is subject to consideration and approval as any other use permitted by MUP. Where a senior group home may be requested with a MUP as part of a specific plan, the use would be considered and approved within the established public hearing process as part of the total specific plan and subject to the applicable Zoning Code provisions. Environmental and Infrastructure Constraints Development of new housing in La Quinta will continue to take place throughout the City. Public services and infrastructure are being upgraded and expanded within the City. Major flood control programs have been funded by the City and constructed by the Coachella Valley Water District (CVWD) for the protection of the Cove Area. In response to growth, Desert Sands and Coachella Valley Unified School Districts 447 134 operate several elementary schools, middle schools, and high schools that serve La Quinta residents. Three Riverside County Fire Department stations serve the City. The potable water system in the City is operated and administered by CVWD. The sanitary sewage collection and treatment system in the City is operated and administered by CVWD, which extends service based upon approved designs and improvements constructed by the private developer. Senate Bill (SB) 1087 requires water and sewer providers to create procedures to provide priority water and sewer service to lower income residential projects. The law also prohibits the denial or conditioning the approval of service without adequate findings and requires future water management plans to identify projected water use for lower income residential development. The City routes the Housing Element update to CVWD to facilitate consistency with these requirements. The City of La Quinta is served by Southern California Gas Company. The Southern California Gas Company has indicated that the future supply of natural gas will meet demand generated by additional development in the City. Major infrastructure improvements, including full-width streets, water and sewer mains, and stormwater systems, are the responsibility of the developer to install with any development. Developers are required to provide parks or in-lieu fees as part of a residential development. When infrastructure improvements are made that benefit other properties, the subdivider is reimbursed from the area fund when other properties in the area are developed. Non-Governmental Constraints Projects requiring a Site Development Permit generally apply for building permits with 30-90 days of approval. The building permit plan check process is expedited, and if plans are submitted with only minor deficiencies, building permits will be issued within 30 to 60 days of submittal. The City has not received requests for projects at densities lower than that proposed in the Land Use Inventory, and works with applicants to assure that the targeted density is achieved or exceeded. Opportunities for Energy Conservation The City has adopted a comprehensive Green and Sustainable La Quinta Program to enhance the City’s conservation of resources and to reduce 448 135 environmental impacts of existing and future conditions. This program will allow the City to consider a wide range of programs that will address energy, water, air quality, solid waste, land use, and transportation. Current Regulations and Programs Title 24 Regulations On a regulatory level, the City enforces the State Energy Conservation Standards (Title 24, California Code of Regulations). These standards incorporated into the City’s Building Code provide a great deal of flexibility for individual builders to achieve a minimum “energy budget” through the use of various performance standards. These requirements apply to all new residential and commercial construction as well as remodeling and rehabilitation construction where square footage is added. Compliance with Title 24 on the use of energy-efficient appliances and insulation has reduced energy demand stemming from new residential development. Green Building Programs Two prominent green building programs are California Green Builder, recognized by the California Energy Commission, and Leadership in Energy and Environmental Design (LEED), which is sponsored by the US Green Building Council. Both programs involve a third-party certification process, have different environmental goals, and apply to different types of development. Green Builder is a voluntary environmental building and certification program for residential construction. Certified homes incorporate water-efficient landscaping and fixtures, utilize high efficiency insulation and ventilation systems, contain environmentally sound building materials, initiate waste reduction methods during construction, and must be 15 percent over existing Title 24 energy efficiency standards. LEED is a national rating system for green buildings. Primarily focused on commercial and multifamily residential projects, LEED requires the developer to register their project with the US Green Building Council, which in turn reviews the project for conformance and assigns points based upon various efficiency, materials quality, and design factors. Once the Council has reviewed the project, it issues a certification based upon the number of points achieved in each category. City Projects The City has undertaken an aggressive series of green building programs that demonstrate the opportunities available to reduce the overall 449 136 environmental impact of new developments. The Title 24 energy efficiency requirements significantly increase the overall energy efficiency of all new construction, and now require photovoltaic systems for residential projects, and will require them for commercial projects in 2030. Vista Dunes Courtyard Homes Located at 78-990 Miles Avenue (just west of Adams Street), the Vista Dunes project consists of 80 affordable courtyard-oriented single-family and duplex homes. This LEED Platinum certified development includes photovoltaic cells to generate electrical power. This feature will annually save $720 per unit in electric utility costs. Water saving improvements will reduce water usage by 1,900,000 gallons per year for the entire project. It is estimated that this project exceeds Title 24 by 28 percent. Some of the units will exceed Title 24 requirements by 30 percent or more. At the time of its development, Vista Dunes Courtyard Homes was the first LEED Platinum certified multifamily affordable housing development of its size in the country. The City maintains a photographic history of the project and produced a video for educational purposes. Further, tenants will be educated on energy efficiencies through written materials, a DVD and the project operator, CORE Housing Management. Wolff Waters Place Housing Project This affordable housing development exceeds Title 24 requirements by 24 percent and will save approximately 2,000,000 gallons of water from interior water use alone. Compliance with the CVWD Ordinance will further reduce exterior water use. The project is LEED certified and includes solar hot water for laundry buildings, a transit friendly location with a bus stop and shopping within walking distance, low-water-use landscape and irrigation, dual flush toilets, low-flow water fixtures, energy-efficient lights, ENERGY STAR appliances, recycled building materials, paint with low volatile organic compounds, reduced construction waste, advanced indoor air handling systems, underground parking, high efficiency air conditioning units, and a tenant training program. It also includes an onsite childcare center; for residents using the childcare center, the proximity of the daycare center to housing units reduces vehicle miles traveled and associated greenhouse gas emissions. 450 137 Greenhouse Gas Reduction Plan In conjunction with the adoption of its 2013 General Plan, the City adopted a Greenhouse Gas Reduction Plan. The Plan provides residents, business owners and land owners with a broad range of measures designed to reduce energy use and the use of fossil fuels. The Plan will be effective in reducing costs for existing homes and for new residential development. It will also allow changes in driving patterns, transit use and other measures that will reduce the City’s dependence on traditional energy sources. Future City Programs/Actions The City seeks to encourage and enforce regulations or incentives that do not serve as constraints to the development or rehabilitation of housing. The City should focus on measures and techniques that assist the occupant in reducing energy costs, thereby increasing the amount of income that can be spent on housing, childcare, health care, or other necessary costs. The continued implementation of the City’s Green and Sustainable La Quinta Program will require ongoing participation of many city departments and agencies. The program includes the City’s adherence to and promotion of green building practices, efficient energy usage, and implementation of conservation measures. The City provides information to developers based on research of best building practices and operational practices, such as commercial recycling programs provided in AB 1826. Program costs could include energy audit upgrades for existing facilities and buildings, irrigation and landscape modifications to City-maintained properties, City fleet vehicles, and City maintenance equipment. The City’s 2013 General Plan includes a Livable Community Element that provides direction on building siting, mixed use site planning, and energy reduction techniques. The element also includes a suite of policies and programs designed to lower energy costs, promote healthy living, and encourage high quality design. Under the direction of the City Manager’s Office, Community Development and Community Services Department staff plays an instrumental role in educating the community on water conservation programs and resources. Energy Conservation Partners In developing a better La Quinta, the City cannot be successful without a sound relationship with Coachella Valley Water District, Imperial Irrigation District, Southern California Gas, Burrtec Waste and Recycling 451 138 Services, Sunline Transit District, Coachella Valley Association of Governments, SCAG, and other entities. Additionally, many of the areas of concern, such as air quality and regional transportation, cannot be addressed without strong regional, state and federal programs. Utility Programs The City of La Quinta has a strong working relationship with local utility providers, including the Imperial Irrigation District (IID). IID is proactive in creating energy savings via conservation programs, home energy audits, product rebates, and general consumer tips. IID indicates that an average home owner can reduce energy use by 10 percent more by taking advantage of IID programs. IID offers rebate programs on the purchase of higher efficiency air conditioning units, the high efficiency refrigerators, and programmable thermostats. Additionally, product rebates are offered on ENERGY STAR equipment such as home and office electronics. IID also offers free in-home energy audits to its residential customers. Other utility programs assist residential customers with energy and water conservation and cost reduction. SoCalGas offers rebates on energy-efficient appliances, incentives for solar thermal water heating, and grants and assistance programs to reduce energy costs. The City works cooperatively with CVWD to promote and enforce, as required, water conservation programs, including those affecting homeowners and home builders. Burrtec offers programs that reduce solid waste and increase recycling opportunities. HOUSING RESOURCES Regional Housing Needs Assessment State Housing Law requires that SCAG identify future housing needs in each jurisdiction. To meet this mandate, SCAG develops the Regional Housing Needs Assessment (RHNA), which establishes both the projected need for housing and the fair share distribution of the projected need to its member jurisdictions. The RHNA calculates the projected new construction necessary to accommodate the anticipated population through October 2029. State housing law requires that cities and counties demonstrate adequate residential sites that could accommodate development of housing to satisfy future housing needs. 452 139 The 2021 RHNA proposes that La Quinta construct 1,530 new housing units to accommodate housing needs for all income groups during the planning period January 2022 through October 2029. These units are distributed by income category as illustrated in Table II-48. According to SCAG, 420 new units are needed to accommodate very low income households. Consistent with HCD methodologies, 50% (210) of these units are assumed to be for extremely low income (ELI) households, and the remaining 50% (210) are assumed to be for very low income households. A total of 269 new units are needed to accommodate low income households, 297 new units are needed for moderate income households, and 544 new units (provided through market-rate housing) are needed for above moderate income households. The City’s 1,530-unit future housing need is a 6.2 percent increase in the number of existing dwelling units (24,764 in 2019). Table II-48 2022–2029 Regional Housing Needs Assessment Household Income Levels Income as a Percent of County Median RHNA Allocation Percent Extremely Low1 --- 210 13.7 Very Low Less than 50% 210 13.7 Low 51%–80% 269 17.6 Moderate 81%–120% 297 19.4 Above-Moderate Over 120% 544 35.6 Total 1,530 100% Source: Regional Housing Needs Assessment for Southern California, 2021, prepared by SCAG. 1 Extremely Low Income (ELI) category is a subset of the Very Low Income category. ELI households are defined by HCD as those with incomes less than 30% of AMI. The number of ELI units is assumed to be 50% of all Very Low Income units. California housing element law allows local governments to obtain credit toward its RHNA housing goals in three ways: constructed and approved units, vacant and underutilized land, and the preservation of existing affordable housing. The City will rely on the construction of new units on vacant lands to meet its housing needs between 2022 and 2029. Meeting the Need for Affordable Housing With the loss of redevelopment set-aside funds, the State has limited the City’s ability to provide funding for new affordable housing projects. The City, however, continues to be committed to addressing its housing need. 453 140 The City continues to market its land in the Village (sites #2 through #6 in the land inventory, which could produce up to 42 additional units of very low and low income housing. Additional efforts will be made toward expanding housing opportunities in the Highway 111 corridor, on lands owned by private parties. Highway 111 provides access to jobs, transit, and has successfully integrated the Coral Mountain project, which the City built in the last planning period. To that end, site #13, owned by the City, has been added to the inventory, and is projected to provide 116 units for very low and low income households. The balance of the units, as shown in Table II-51, will be accommodated on multiple sites throughout the City, and will be developed through a combination of private development projects, and public/private partnerships where the City can participate if resources allow. The City has only recently seen an increase in inquiries regarding ADUs, and it is expected that with the latest additions to the Zoning Code (2021) to address changes in State law, that interest will increase. A program has been added to encourage, monitor and reevaluate the demand for ADUs throughout the planning period as a tool to expand affordable housing options for City residents. As discussed earlier in this Element, current conditions in the real estate market make it possible for moderate income households to afford market rate housing. Further, the rental market offers a broad range of units at rental rates, with a median gross rent of $1,473 per month. Table II-49 demonstrates the affordability of market rate rentals and home purchases in La Quinta for a moderate income four-person household. 454 141 Table II-49 Affordability of Housing 2021 Ownership Rental Median Existing Single Family Purchase Price $386,200 N/A Monthly Mortgage Costs (PITI) $2,047 N/A Median Gross Monthly Rent N/A $1,473 30% of Monthly Moderate Household Income1 $2,259 $2,259 Affordability Gap/Overage $212 $786 1 Per HCD, the annual income limit for a moderate income 4-person household in Riverside County is $90,350. Therefore, the monthly income is $7,529, and 30% is $2,259. As shown in the table, the rental and resale market can accommodate some of the City’s expected moderate income households during the 2022-2029 planning period. Available Land for Housing The Housing Element must identify available sites within the City that can accommodate the RHNA. The land inventory includes an analysis of the realistic capacity of the sites. An evaluation of zoning, densities, market demand, record of affordable housing development, and financial feasibility will establish the ability of available sites to provide housing for all income levels. Available Vacant Land The vacant land inventory only includes parcels that the City has identified as having the potential to develop during the 2022-2029 planning period. Additional vacant sites are located in the City but are not assumed to have the potential to satisfy the current RHNA for lower income households. The development potential for Village Commercial (VC) sites is assumed to be improved through logical consolidation with adjacent vacant lots. The City has seen interest in the development of more dense residential projects in the Village, indicating that the development community has an interest and is participating in lot consolidation which could result in additional units in this part of the City. The City will encourage and facilitate lot consolidation in this district through incentives provided in Program H-3.3.b. The City will also continue to consider City-owned lands, not on the inventory, for affordable housing projects in the Village. The City’s flexible 455 142 development and use standards further facilitate the development of a range of housing types. The Table also includes 456 units for above moderate income households. These are all associated with approved projects which are expected to develop during the planning period. In addition, existing vacant single family lots are located throughout the City which only require building permit approvals, and two large planned communities are currently in the entitlement process, and would result in more than 2,822 units in the City, as shown in Table III-23. Table II-51 provides a summary of the vacant land with residential development potential within the City. A map showing the parcel locations is provided in Exhibit II-24. As shown on the map, inventory lands are geographically distributed throughout the City and are not concentrated in any areas. As such, they further fair housing principles. The City owns some of the sites shown in Table II-51. Some of these lots are located in the Village, and are small lots that the City has assembled over several years. The City is marketing the lots as consolidated parcels, and will complete lot mergers (as provided in Program H-1.1.b) to facilitate their sale. Two sites are located in the center of the City, and will be marketed for joint venture with the affordable housing development community. Sites will be offered, consistent with the Surplus Land Act, through Requests for Proposals. Table II-51 includes sites which were in the City’s inventory in the prior planning period, but no sites have been included in the inventory for two consecutive previous planning periods. 456 143 Table II-50 Vacant Land Inventory Map Key APN Acres Existing GP Existing Zoning Projected Density Projected Yield Very Low, Low and Moderate Income Sites 1 646-070- 016 13.84 MHDR RMH (AHO) 20 280 2 770-156- 007, 770- 156-010, 770-181- 009 0.98 VC VC 14 14 3 (City Owned) 773-078- 005, 773- 078-006, 773-078- 007, 773- 078-016, 773-078- 017, 773- 078-034 1.68 MC/VC MC/VC 14 8 7 604-032- 042 1.88 MHDR RMH 12 22 8 (City Owned) 600-030- 010, 600- 030-012, 600-030- 024 2.72 MHDR RMH 19 52 9 600-390- 024 15.14 CG CP/CR 18 273 10* 600-080- 001, 600- 080-002, 600-080- 003, 600- 080-004, 600-080- 005, 600- 080-006, 600-080- 007, 600- 080-008, 600-080- 009, 600- 080-041 4.13 MHDR RM 10 42 11 643-020- 025 4.81 CG CR 26 126 12* 600-340- 050, 600- 340-051 17.47 MHDR RM 8 140 457 144 Table II-50 Vacant Land Inventory Map Key APN Acres Existing GP Existing Zoning Projected Density Projected Yield 13 (City Owned) 600-020- 057 6.42 CG CR 18 116 Total Very Low, Low and Moderate Income Sites 1,072 *Moderate income site Above Moderate Income Sites Acres Existing GP Existing Zoning Projected Density Projected Yield 15 Various 40.76 LDR/OS-R RVL/PR 3 90 16 Various 37.43 LDR RL/PR 3 60 17 Various 29.56 LDR RL 3 94 18 Various 20.72 LDR RL 3 57 19 Various 33.07 LDR RL 3 85 20 Various 28.76 LDR RL 3 70 Total Above Moderate Sites 456 Total All Sites 1,,528 458 145 Exhibit II-24 459 146 Site Adequacy Analysis The sites shown in Table II-50, above, all accommodate residential development at various densities. Site 1 is residentially designated, and benefits from the Affordable Housing Overlay, which increases its density potential (please see below). Residential development in La Quinta, particularly that for affordable housing projects, has been built at or near the maximum allowable densities. For example, development in the RM zone generally occurred at the maximum density of 8 units per acre or above through density bonus provisions. Miraflores Apartments were constructed at a density of 11.2 units per acre in the RM zone in 2003. In 2004, Hadley Villas Apartments were developed at a density of 7.8 units per acre in the RM zone. In 2001, the Aventine Apartments were constructed at a density of 14.3 units per acre in the RH zone. The City’s most recent restricted affordable projects have also been completed within existing residential densities: Wolff Waters Place was built at 14.7 units per acre, the Washington Street Apartments’ expansion was completed at a density of 8 units per acre, Vista Dunes was built at a density of 10 units per acre, and the Coral Mountain Apartments were built at a density of 16 units per acre. In order to expand the analysis of realistic capacity, other cities in the Coachella Valley were analyzed. As the area operates as a region, with similar building trends, zoning requirements and land use patterns, an analysis of regional trends is appropriate. The following projects are planned or under construction regionally: Palm Springs: • Monarch Apartments, will provide 60 units affordable to very low and low income households on 3.6 acres, at a density of 17 units per acre. The project is fully funded and will break ground in October of 2021. Palm Desert: • Carlos Ortega Villas, consists of 72 units on 3.48 acres affordable to very low and low income households, at a density of 21 units per acre. • Vitalia, 270 units affordable to very low and low income households on 12 acres approved in 2021, at a density of 23 units per acre. • Millennium SARDA site, 240 units affordable to very low and low income households on 10 acres, under contract in 2021, at a density of 24 units per acre. 460 147 Indio: • Arroyo Crossing 1 is currently under construction, and provides 184 units on 6.4 acres affordable to very low and low income households, at a density of 29 units per acre. • Arroyo Crossing 2, will provide 216 units affordable to very low and low income households on 7.3 acres, at a density of 30 units per acre. The project was approved in 2021. In the region, projects ranging in density from 17 to 29 units per acre are being funded and can be built to accommodate lower income households. Therefore, the densities for larger projects, ranging from 18 to 26 units per acre, can be achieved in La Quinta. In the past, the City has applied the Affordable Housing Overlay to specific inventory sites which were zoned for non-residential uses. This strategy is being modified (see Program 3.1.a) to apply to all inventory sites, and to increase the AHO density to 30 units per acre, even though, as demonstrates above, affordable housing projects in the region are being built at lower densities. Three sites in Table II-51 are over 10 acres in size. Although the State does not believe that these sites can be developed for affordable housing, the Coachella Valley is experiencing development of lower income projects on larger sites, including two projects in Palm Desert described above. Nevertheless, in order to encourage the development of affordable projects on these sites, Program 3.1.a has been added, which provides incentives for subdivision of larger sites. It should also be noted that Site 10, which includes multiple small lots for 42 moderate income units, is an approved apartment project which is being constructed on land previously owned by the City, which was successfully sold to a private developer. The parcels previously were developed as single family homes, which the City bought to widen Jefferson Street. Upon completion of the widening, the lots were marketed to the private development community, and an apartment project was proposed in 2019, and approved in 2020 for the site. The City therefore has experience in the assembly of smaller lots for the successful development of housing. Environment and Infrastructure Analysis None of the parcels identified in the vacant land inventory are located in areas of topographic constraint or have known environmental hazards. 461 148 The sites identified in the vacant land inventory are adjacent to existing urbanized development and are within service hook-up distance of existing water and sewer systems as well as all dry utilities in adjacent streets. All providers have sufficient capacity to accommodate the growth generated by the units listed in Table II-51. According to the latest Coachella Valley Water District (CVWD) Urban Water Management Plan (2015), the implementation of water conservation, groundwater recharge, and water source substitution management strategies will ensure that adequate water resources are available to existing and future residents of La Quinta. Capacity Affordability Analysis It is expected that development of affordable housing units will be accomplished through public-private partnerships, with a focus on two areas of the City: the Village for smaller projects that bring residents into the expanding commercial downtown, and along Highway 111, building upon the success of the Coral Mountain apartments. It is important to note that the sites identified provide a variety of land sizes to allow flexibility in types of projects, and exceed the City’s need for very low and low income units, allowing for greater opportunities for a mix of market and affordable units within projects. As described above, the median sales price for a home is approximately $386,200 and the median gross rent for an apartment unit is approximately $1,473 per month. In comparison, the maximum affordable sales price for a moderate income family of four is $313,650 and the maximum affordable rent for a moderate income couple is $1,808 per month. Moderate income households, therefore, can afford to rent in the City and are able to afford homes that are lower than the median price currently. Some moderate income households, especially one and two person households or larger families, will need assistance to purchase a home. The City will continue to work with affordable housing developers to participate in projects and provide streamlining, financial assistance and fee reductions wherever possible. However, it is important to note, as identified by participating affordable housing developers in the City’s workshop and outreach, that funding affordable housing projects has been made much more difficult with the loss of local redevelopment funds, and that these developers must identify and secure twice or three times the funding sources that were previously necessary to fund projects. This constraint is one that the City cannot control and cannot alleviate. 462 149 General proforma analyses were conducted using land costs (average of $448,493 per acre of vacant residential land in La Quinta) and construction costs ($317,074 per unit of affordable housing according to affordable housing developers contacted in the preparation of this Update) to estimate the capacity of land in La Quinta to support affordable housing. The results indicate that homeownership products will remain available to moderate income households without a very large subsidy. The developers of ownership projects require financial returns through the one-time sale of the housing units. A generally accepted minimum project size for affordable housing development is 50 units. Like their higher density counterparts, lower density sites able to accommodate 50 units are eligible for funding mechanisms such as Low Income Housing Tax Credits (LIHTCs), a type of restricted development that must meet strict size and amenity guidelines to compete for funding. High density is also not a determining factor in obtaining other resources, such as HOME funds and Community Development Block Grant program funding. The RM and RMH sites identified in Table II-50, would both allow a minimum project size consistent with these requirements. Financial and Regulatory Subsidies A subsidy can be financial or regulatory in nature. Financial subsidies are found in federal, state, local, and private programs and organizations focused on the production of affordable housing. Developers in La Quinta use and leverage many sources of financial assistance. Projects may seek funding from LIHTCs, tax-exempt bonds, Community Development Block Grants, HOME funds, other HUD grant programs, and commercial banking resources. Regulatory subsidies can take many forms, including fee waivers or deferrals, flexible development standards, and increased densities. Higher densities generally increase the financial feasibility of a residential project as a developer is able to sell more housing units on the same amount and cost of land (even with slightly lower sales prices associated with smaller, attached units). The City’s vision recognizes the importance of providing affordable housing for its residents and employees. Accordingly, the City supports affordable housing development through financial and regulatory subsidies and permits densities up to 24 units per acre with the Affordable Housing Overlay (higher densities are permitted through density bonus provisions). The City is thereby able to achieve both the goal of maintaining lower density community character while also producing its fair share of affordable housing. 463 150 Vacant Land Opportunities The City has established a strong record of providing assistance to affordable multifamily housing projects (townhomes and apartments), ranging in density from 7.8 to over 20 units per acre. Single-family detached assisted housing was also developed, with City assistance, at densities as low as 4.4 units per acre and up to 7.8 units per acre. La Quinta is able to achieve market-driven moderate income housing through the relative affordability of land, the local market demand for lower maintenance housing types, and reasonable development impact and entitlement fees. La Quinta has a solid record of working with local nonprofits and affordable housing developers to accommodate the housing needs of its lower income residents. The vacant land inventory provides the City and affordable housing developers with a map of opportunity areas. The moderate income housing need can be met without any mixed-use development. However, the City recognizes that mixed-use developments will play a role in moderate and above moderate housing opportunities in the future. Both the General Plan and the Zoning Ordinance have been modified to encourage Mixed Use development. The City’s efforts to promote mixed use development have had limited success. According to the development community, mixed use projects cannot be financed in La Quinta, due to a lack of such projects in the region. Mixed use properties are therefore not included in this inventory. Fair Housing According to the Fair Housing analysis (see “Fair Housing” section), the City has a low segregation level, no racially or ethnically concentrated areas of poverty, equal access to opportunity, and no disproportionate housing needs. The sites identified above will not exacerbate any such conditions. 464 PRESERVATION OF AT RISK UNITS State Government Code requires that localities identify and develop a program for their Housing Elements for the preservation of affordable multifamily units assisted under various federal, state and local programs. In the preservation analysis, localities are required to provide an inventory of assisted, affordable units that are eligible to convert to market rate within five years of the end of the planning period (2034). Income-restricted housing units sometimes change to market rate due to expiration of subsidies, mortgage prepayments, or expiration of affordability restrictions. An inventory of all assisted multifamily projects is provided in Table II-51. The earliest possible date of conversion for any of the City’s restricted multifamily housing stock is 2024 2051 for the extremely low and low income units at Seasons Senior Apartments. It contains a total of 87 senior units. Seasons at Miraflores Senior Apartments is scheduled to convert to market rate in 2029. It contains 118 senior units. Both complexes receive assistance from the Low Income Housing Tax Credit (LIHTC) program which gives incentives to builders and developers to provide affordable housing to low income persons.There are no at risk units in the City. 465 152 Table II-51 Assisted Multifamily Project Inventory Project Earliest Date of Conversion Extremely Low (30%) Very Low (50%) Low (80%) Moderate (120%) Above Moderate (120%+) Total Aventine Apartments (47750 Adams St) 2056 --- --- 10 10 --- 20 Hadley Villas Senior Apartments (78875 Avenue 47) 2059 65 12 1 --- 1 79 Seasons at Miraflores Senior Apartments (47747 Gertrude Way) 20292057 45 71 --- --- --- 116 Seasons La Quinta Senior Apartments (50915 Rainbow Ct.) 20242051 19 --- 37 31 --- 87 Vista Dunes Courtyard Homes (44950 Vista Dunes Lane) 2063 8 64 8 --- --- 80 Washington Street (senior) Apartments 1 (42800 Washington) 2066 24 72 42 2 --- 140 Wolff Waters Place (47795 Dune Palms Road) 2065 43 56 37 80 --- 216 Coral Mountain Apartments (79625 Vista Coralina Lane) 2070 --- 36 138 2 --- 176 Total N/A 204 311 273 125 1 914 Source: City of La Quinta 1 Rental assistance for anyone ≤ 50% AMI or lower Maintenance of the at-risk housing units as affordable will depend largely on market conditions, the status of HUD renewals of Section 8 contracts, and the attractiveness of financial incentives, if warranted. LINC Housing is currently working to preserve affordability at Seasons at Miraflores; their TCAC application was rejected, but applications will be resubmitted. The City will continue to work with LINC to successfully 466 153 refinance these projects. Program H-4.4.e addresses the preservation of these units. 467 154 GOALS, POLICIES, AND PROGRAMS The following goals, policies, and programs set forth a comprehensive housing plan for the City of La Quinta during the 2022-2029 planning period. Adequate Sites for Housing GOAL H-1 Provide housing opportunities that meet the diverse needs of the City’s existing and projected population. v Policy H-1.1 Identify adequate sites to accommodate a range of product types, densities, and prices to address the housing needs of all household types, lifestyles, and income levels. § Program 1.1.a: To address the City’s RHNA allocation for extremely low income households, 15% of units on the City’s land on Highway 111 (site #13) will be assigned to extremely low income households. The City shall negotiate very low income units for all other projects on sites identified in the Vacant Land Inventory (Table II-50) individually to reach the target of 210 units during the planning period. § Timing: 2025 for Highway 111 project, as projects are constructed for additional units § Funding Source: Private Funding, Tax Credit Financing, Other sources as identified § Responsible Agency: City Manager’s Office/Housing § Program 1.1.b: The City will merge its parcels in the Village (as listed in Table II-51) to facilitate the consolidation of these lots for sale through the Surplus Land Act. § Timing: 2022-23 for lot mergers. 2023-2024 for RFPs and land sales. § Funding Source: General Fund § Responsible Agency: City Manager’s Office/Housing § Program 1.1.c: To encourage the development of housing for extremely low, low and special needs residents, the City will develop a program of incentives for the subdivision of larger 468 155 sites, to include application fee waivers, DIF fee reductions and expedited processing. The City will contact the owners of the three sites listed in Table II-51 and encourage that they subdivide the land and take advantage of the City’s incentive program. § Timing: 2021-2022 for development of program. 2022-2023 for initial contacts with land owners, and annually thereafter. § Funding Source: General Fund § Responsible Agency: Planning Division, City Manager’s Office/Housing v Policy H-1.2 Focus housing growth within existing City boundaries until it is necessary to pursue annexation or development in planning areas for affordable housing. v Policy H-1.3 Direct new housing development to viable areas where essential public facilities are provided and employment opportunities, educational facilities, and commercial support are available. v Policy H-1.4 The City shall promote and affirmatively further fair housing opportunities through the community for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, disability, source of income, veteran or military status, or other characteristics protected by the California Fair Employment and Housing Act (FEHA), Government Code Section 65008, and any other applicable state and federal fair housing and planning law. Assist in the Development of Affordable Housing GOAL H-2 Assist in the creation and provision of resources to support housing for lower and moderate income households. v Policy H-2.1 Increase housing choices for lower and moderate income households. § Program H-2.1.a: Accessory Dwelling Units (ADU) The City will modify its Zoning Ordinance to comply with State law regarding ADUs and JADUs and provide for the reduced parking standards, setbacks and other incentives included in the 469 156 law. The City shall establish a monitoring program to encourage the building of ADUs and JADUs, and determine the affordability of ADUs and Junior ADUsmonitor their development to gauge if they are affordable alternatives for housing. The program will include tracking annual permits, an annual survey of rents in ADUs, and whether any ADUs are accepting housing subsidy or restricting their units to very low or low income households. § Timing: AnnuallyZoning amendments 2021-2022. Monitoring program, beginning with fiscal year 2022/-2023. § Funding Source: General Fund § Responsible Agency: Design and Development Department § Program H-2.1.b: City-owned Village Lots Aggressively pursue development of the City’s central-city properties (sites 8 and 13) to generate up to 168 units of extremely low, very low and low income units on these parcels. To implement this program, the City will establish a schedule for Requests for Proposals and include incentives. These incentives may include elimination of Development Impact Fees, financial assistance in the form of land contributions, and density bonuses as provided in the Zoning Ordinance. In addition, the City will consider affordable housing for other City-owned lots in the Village when marketing the land for development, including mixed use projects that combine retail and residential uses. Wherever possible, include 15% affordable units in these projectsAggressively pursue development of the City’s Village lots to generate up to 42 units of very low and low income units on these parcels. To implement this program, the City will establish a schedule for Requests for Proposals and include incentives. These incentives may include elimination of Development Impact Fees, financial assistance in the form of land contributions, and density bonuses as provided in the Zoning Ordinance. In addition, the City will consider affordable housing for other City-owned lots in the Village when marketing the land for development, including mixed use projects that combine retail and residential uses. Wherever possible, include 15% affordable units in these projects. § Timing: Annually, beginning with fiscal year 2022/2023. § Funding Source: General Fund § Responsible Agency: City Manager’s Office/Housing 470 157 § Program H-2.1.c: Creative Housing Solutions In order to expand the variety of housing options for extremely low and low income households in the City, study, research and pursue the amendments to the Zoning Code and subdivision ordinance that would be required to allow creative housing solutions, including “tiny homes,” prefabricated or “kit” homes, shipping container conversions, and other options available in the market as they arise. Present the findings of the research to the Planning Commission and Council for their consideration. § Timing: Research 2023/2024. Planning Commission and City Council Study Session no later than 2024-2025. § Funding Source: General Fund § Responsible Agency: Design and Development Department v Policy H-2.2 Support public, private, and nonprofit efforts in the development of affordable housing. § Program H-2.2.a: Density Bonus Amendments Revise the Zoning Ordinance to ensure compliance with Assembly Bill (AB) 2345 as it pertains to Density Bonus requirements. § Timing: 2021-2022 regular Zoning Ordinance update § Funding Source: General Fund § Responsible Agency: Design and Development Department v Policy H-2.3 Pursue a variety of forms of private, local, state, and federal assistance to support development of affordable housing. § Program H-2.3.a: Collaborative Partnerships The City shall continue to meet with affordable housing development entities to discuss types of incentives available and requirements for obtaining assistance, discuss appropriate sites for affordable housing for extremely low, low and special needs residents, and foster professional collaboration between the City and affordable housing stakeholders. § Timing: Project-by-project basis, by request, or on an annual basis. § Funding Source: General Fund § Responsible Agency: Design and Development Department 471 158 § Program H-2.3.b: Mixed Use in the Highway 111 Corridor In order to take advantage of the high density residential permitted in the Mixed Use overlay, develop a menu of incentives, including reduction in development fees, density bonuses and other provisions for the inclusion of affordable housing units in Mixed Use projects within the Highway 111 Plan area. § Timing: Menu of incentives, 2023. As projects are proposed § Funding Source: General Fund § Responsible Agency: City Manager’s Office/Housing § Program H-2.3.c: Affordable Housing Renter-to-Owner Transition There are many resources that the City, nonprofits, or for-profit developers may utilize to subsidize the construction and maintenance of affordable housing. Some of the most prominent resources are described below. § Timing: Update website with funding information and partnership opportunities in 2022, and every six months thereafter. § Funding Source: General Fund § Responsible Agency: City Manager’s Office/Housing Low Income Tax Credits Low Income Housing Tax Credit (LIHTC) provides federal tax credits for private developers and investors that agree to set aside all or a portion of their units for low income households. A minimum of 20 percent of the units must be affordable to low income households and 40 percent of the units must be affordable to moderate income households. Community Reinvestment Act The Community Reinvestment Act provides favorable financing to affordable housing developers. The Redevelopment Agency, development community, and local, regional, and national banks are encouraged to work together to meet their obligations pursuant to the Community Reinvestment Act. California Housing Finance Agency Program The California Housing Finance Agency (CHFA) has three single- family programs for primarily moderate and middle income homebuyers: the Home Ownership Assistance Program and the 472 159 Affordable Housing Partnership Program. Each provides permanent mortgage financing for first-time homebuyers at below-market interest rates. HOME Funds HOME is the largest Federal block grant distributed to state and local governments for the creation of lower income housing. Cities apply when Notices of Funding Availability are issued. Neighborhood Stabilization Program HUD’s Neighborhood Stabilization Program makes emergency assistance grants available to local governments for the acquisition, redevelopment, and renting or resale of foreclosed properties at-risk of abandonment. Riverside County First-Time Homebuyers Program Continue participation in the Riverside County First-Time Homebuyers Program for low and moderate income households. Mortgage Credit Certificate The Riverside County Mortgage Credit Certificate Program is designed to assist low and moderate income first time homebuyers. Under the Mortgage Credit Certificate Program, first-time homebuyers receive a tax credit based on a percentage of the interest paid on their mortgage. This tax credit allows the buyer to qualify more easily for home loans, as it increases the effective income of the buyer. Under federal legislation, 20 percent of the funds must be set aside for buyers with incomes between 75 and 80 percent of the county median income. Finance Agency Lease-Purchase Program Riverside/San Bernardino County Housing Finance Agency Lease Purchase Program provides down payment assistance and closing costs for eligible households up to 140 percent of the area median income. Housing Choice Voucher (formerly Section 8) Referrals Housing Choice Vouchers allow lower income households to use rental subsidies anywhere in the County, including La Quinta. 473 160 § Program H-2.3.d: Sweat Equity and Shared Equity Continue to work with organizations that offer sweat and shared equity housing programs to lower and moderate income households in La Quinta. Sweat equity and shared equity programs provide lower and moderate income households with ownership assistance. Sweat equity refers to the exchange of time and effort, usually in the form of construction activities, for an affordable ownership opportunity. § Timing: Meet with CVHC and Habitat for Humanity annually or more frequently (if requested) to identify opportunities for coordinated efforts or potential housing projects. § Funding Source: General Fund § Responsible Agency: City Manager’s Office/Housing Removal of Governmental Constraints to Housing GOAL H-3 Create a regulatory system that does not unduly constrain the maintenance, improvement, and development of housing affordable to all La Quinta residents. v Policy H-3.1 Remove unnecessary regulatory constraints to enable the construction or rehabilitation of housing that meets the needs of La Quinta residents, including lower income and special needs residents. § Program 3.1.a: All properties listed in the Affordable Housing Inventory for extremely low, very low and low income units shall have the Affordable Housing Overlay applied. Further, the AHO text shall be amended to allow 30 units per acre. § Timing: 2021-2022 for Zoning Map and text amendments § Funding Source: General Fund § Responsible Agency: Planning Division v Policy H-3.2 Coordinate the development of affordable housing with the provision of key utilities to ensure prompt and adequate service. v Policy H-3.3 Incentivize the development of affordable housing to facilitate the development of housing for the City’s lower and moderate income households. 474 161 § Program H-3.3.a: Priority Water and Sewer Service Route the adopted Housing Element to the CVWD and notify them of changes and future updates to the Housing Element. In compliance with state law, the Coachella Valley Water District (CVWD) must create procedures to provide priority water and sewer service to lower income residential project. The law also prohibits the denial or conditioning the approval of service without adequate findings, and requires future water management plans to identify projected water use for lower income residential development. § Timing: Upon Housing Element adoption § Funding Source: General Fund § Responsible Agency: Design and Development Department, Coachella Valley Water District § Program H-3.3.b: Encourage Lot Consolidation Although not on the Site’s Inventory, several small lots in the Village Commercial would have improved development potential through lot consolidation. The Village Build Out Plan and Zoning Code amendments have been completed to encourage consolidation. The City continues to market its land in the Village, and will also work with private land owners and developers to assemble larger holding to allow multi-family projects which increase the number of residents in the Village. The City will consider potential incentives including fee deferral or reductions, parking requirement reduction, and relief from various other development standards that could potentially increase the cost of the project. § Timing: As City staff reviews projects in the Village § Funding Source: General Fund § Responsible Agency: Design and Development Department GOAL H-4 Conserve and improve the quality of existing La Quinta neighborhoods and individual properties. v Policy H-4.1 Protect the quality of La Quinta’s neighborhoods through the rehabilitation of both affordable and market-rate homes. 475 162 v Policy H-4.2 Promote financial and technical assistance to lower and moderate income households for housing maintenance and improvements. v Policy H-4.3 Encourage the retention and rehabilitation of existing single-family neighborhoods and mobile home parks that are economically and physically sound. v Policy H-4.4 Enhance neighborhoods that presently provide affordable housing with drainage, lighting and landscape amenities, and parks and recreation areas. § Program H-4.4.a: Housing Condition Monitoring Maintain an inventory of housing conditions (updated approximately every five years) to enable the City to properly target Code Compliance and rehabilitation resources. To better understand the City’s housing needs the quality and condition of the housing stock must be inventoried on a regular basis. The inventory should focus on older neighborhoods, such as those south of Calle Tampico, west of Washington Street, and north of Highway 111. § Timing: Complete by June 30, 2023 § Funding Source: General Fund § Responsible Agency: Design and Development Department § Program H-4.4.b: Habitat for Humanity Residential Rehabilitation Program Complete the Memorandum of Understanding with Habitat for Humanity to implement the “Brush with Kindness” program. The program will be implemented by Habitat volunteers who will donate time for repair and maintenance programs, including yard work, weed abatement, window replacements, roof repairs, and air conditioning repair. Residents will be prioritized to focus on seniors, veterans, the disabled, low and very low income residents, and those in affordably-designated homes. The first-year City contribution will be $40,000, and the annual amounts will be reviewed every year based on the success of the program. § Timing: MOU in 2022, implement assist 6 households annually through the planning period 476 163 § Funding Source: General Fund § Responsible Agency: Habitat for Humanity, City Manager’s Office/Housing § Program H-4.4.c: County of Riverside Home Repair Grant Refer code violators and interested parties to the County of Riverside for home repair grants. The County of Riverside Economic Development Agency Home Repair Program provides lower income households with up to $6,000 for home repairs such as a new roof, new air-conditioner, or a handicap ramp. As a jurisdiction in Riverside County, lower income La Quinta households are eligible for this grant. § Timing: Throughout planning period, on a case-by-case basisrefer 5 households annually § Funding Source: General Fund § Responsible Agency: Design and Development Department, City Manager’s Office/Housing § Program H-4.4.d: Rehabilitation Resources List Provide a rehabilitation resources list on the affordable housing and code compliance pages of the City’s website. Use the list, in online or printed form, as a reference for code violators. Lower and moderate income homeowners may need assistance in affording important home repairs and improvements. The City can assist these households by compiling and sharing a listing of local, state, and federal programs offering rehabilitation assistance. § Timing: Create list by June 30, 2022. Distribute to 15 households annually. § Funding Source: General Fund § Responsible Agency: Design and Development Department, Community Resources Department, City Manager’s Office/Housing § Program H-4.4.e: At Risk Units Work with LINC Housing to support the renewal of housing restrictions at Miraflores, and Seasons apartments to preserve these units for the long term. § Timing: Immediately upon adoption, and prior to the expiration of each project’s affordability restrictions § Funding Source: General Fund § Responsible Agency: City Manager’s Office/Housing 477 164 Equal Housing Opportunity GOAL H-5 Provide equal housing opportunities for all persons. v Policy 5.1 Provide the regulatory framework to create an environment in which housing opportunities are equal. v Policy 5.2 Encourage and support the enforcement of laws and regulations prohibiting discrimination in lending practices and in the sale or rental of housing. § Program H-5.2.a: Collaborate and coordinate with government agencies and nonprofit groups to support outreach and expansion of lending programs for homeownership among minority populations. § Timing: Annually with adoption of budget, subject to available funding. § Funding Source: General Fund § Responsible Agency: City Manager’s Office/Housing § Program H-5.2.b: Fair Housing Referrals Continue to refer tenants and landlords to the Fair Housing Council of Riverside County. Provide information on fair housing resources on the City’s website and at City Hall. Identify and coordinate with local nonprofits, service organizations and community groups that can assist in distributing fair housing information. Fair housing organizations provide dispute resolution and legal assistance to tenants and landlords in conflict. Such services are particularly important for lower and moderate income households unable to afford counsel. § Timing: Referral service as needed. Information to be maintained on website § Funding Source: General Fund § Responsible Agency: City Manager’s Office/Housing 478 165 § Program H-5.2.c: Directory of Services Maintain the online directory of services and information to provide La Quinta residents with contact information for community organizations and service providers that address special needs. While numerous services are available to special needs and lower income households, it can be difficult to readily have access to these resources. A directory provides the contact information necessary to seek housing assistance. § Timing: Update website annually § Funding Source: General Fund § Responsible Agency: City Manager’s Office/Housing v Policy 5.3 Encourage support services for the Coachella Valley’s homeless populations through referrals and collaborative efforts with non-profits and other jurisdictions. § Program H-5.3.a: Regional Facilities for the Homeless Continue to support and collaborate with the Coachella Valley Association of Governments Homelessness Committee efforts to maintain a regional homeless facility that provides housing as well as supportive services. The Strategic Plan created by the Homelessness Committee establishes a continuum of care for the Coachella Valley. § Timing: City staff will continue to collaborate with CVAG throughout the planning period and work with the appropriate facilities directly. § Funding Source: Low and Moderate Income Housing Fund § Responsible Agency: City Manager’s Office/Housing v Policy 5.4 Assist in the creation of a continuum of care for the homeless population and those transitioning into permanent housing. § Program H-5.4.a: Low Barrier Navigation Centers Review and revise, as necessary, the Zoning Ordinance to ensure compliance with Assembly Bill (AB) 101 as it pertains to Low Barrier Navigation Centers. Modify the definition of “homeless shelter” to include this use. § Timing: 2021-2022 at regular Zoning Ordinance update § Funding Source: General Fund § Responsible Agency: Design and Development Department 479 166 § Program H-5.4.b: Zoning Amendments for Emergency Shelters, Transitional and Supportive Housing Revise the Zoning Ordinance to require that homeless shelters only be required to provide parking for employees; and that Transitional and Supportive Housing be permitted uses in the Medium, Medium-High and High density residential zones. § Timing: 2021-2022 at regular Zoning Ordinance update § Funding Source: General Fund § Responsible Agency: Design and Development Department v Policy 5.5 Improve quality of life for disabled persons by facilitating relief from regulatory requirements that may create barriers to accessible housing and promoting universal design. Energy and Water Conservation GOAL H-6.1 Provide a regulatory framework that facilitates and encourages energy and water conservation through sustainable site planning, project design, and green technologies and building materials. v Policy H-6.1 Promote higher density and compact developments that increase energy efficiency and reduce land consumption. v Policy H-6.2 Facilitate housing development and rehabilitation that conserves natural resources and minimizes greenhouse gas emissions. v Policy H-6.3 Encourage and enforce green building regulations or incentives that do not serve as constraints to the development or rehabilitation of housing. v Policy H-6.4 Focus sustainability efforts on measures and techniques that also assist the occupant in reducing energy costs; therefore reducing housing costs. 480 167 v Policy H-6.5 Use and encourage emerging technologies to reduce high demands for electricity and natural gas including use of passive solar devices and where feasible other renewable energy technologies (e.g., biomass, wind, and geothermal). § Program H-6.5.a: Going Green La Quinta Program Implement green goals, policies, and programs that accurately represent the City’s direction in resource conservation and minimizing greenhouse gas emissions. Implement design standards for residential and commercial structures that encourage solar protection to directly result in energy conservation. § Timing: As projects are proposed § Funding Source: General Fund § Responsible Agency: Design and Development Department § Program H-6.5.b: Energy Conservation Partners Continue to meet with and seek insight from utilities, service providers, and other entities involved in energy conservation efforts appropriate for La Quinta. In working toward a sustainable La Quinta, the City and its residents will need to collaborate with utilities and service providers. Partnerships with the Coachella Valley Water District, Imperial Irrigation District, Southern California Gas, Burrtec Waste and Recycling Services, Sunline Transit District, Coachella Valley Association of Governments, Southern California Association of Governments and other entities will be an important component of making La Quinta a more livable city. § Timing: As part of regular coordination meetings with utilities § Funding Source: General Fund § Responsible Agency: City Manager’s Office, Design and Development Department § Program H-6.5.c: Energy Efficiency Programs Investigate all potential energy efficiency programs and provide a list of programs on the City’s Going Green website. In addition to programs that may become available through IID, investigate other opportunities, including state and federal incentives, and promote them on the Going Green website. § Timing: Ongoing as programs are identified 481 168 § Funding Source: General Fund, IID program funds, and other programs as identified § Responsible Agency: City Manager’s Office, Design and Development Department § Program H-6.5.d: Weatherization Assistance Encourage low income homeowners or renters to apply for IID and SCG programs, including free energy audits, home weatherization, and utility rebate programs by advertising available programs on the City’s website and at City Hall. § Timing: Advertise annually as program funds are available § Funding: General Fund § Responsible Agency: Design and Development Department, City Manager’s Office 482 169 Appendix A Public Outreach Materials 483 AB 1486 - List of Developers that have notified the Department of Housing and Community Development of Interest in Surplus Land, Table Range A2:J486 Revised: 12/1/2020 County Organization CalHFA Certified Housing Sponsor?Address City State Zip Contact Phone Email Address RIVERSIDE COUNTY Green Development Company X 251 S Lake Ave #320 Pasadena CA 91105 Andrew Slocum (310) 467-9329 Andrew@greendev.co RIVERSIDE COUNTY A Community of Friends 3701 Wilshire Blvd, Ste 700 Los Angeles CA 90010 Mee Heh Risdon (213) 480-0809 mrisdon@acof.org RIVERSIDE COUNTY Affordable Homestead LLC 915 W Foothill Blvd Ste 488C Claremont CA 91711 William Leong (213) 375-8248 affordablehomestead@gmail.com RIVERSIDE COUNTY Bibi Foundation 1514 N. Raymond Ave Fullerton CA 92831 Riaz Chaudhary (714) 213-8650 Riaz@marrscorp.com RIVERSIDE COUNTY City Ventures, LLC 3121 Michelson Drive, Suite 150 Irvine CA 92612 Anastasia Preedge apreedge@cityventures.com RIVERSIDE COUNTY Coachella Valley Housing Coalition 45-701 Monroe Street, Suite G Indio CA 92201 Julie Bornstein (760) 347-3157 julie.bornstein@cvhc.org RIVERSIDE COUNTY Cypress Equity Investments 12131 Wilshire Blvd., Suite 801 Los Angeles CA 90025 Mike Diacos (310) 405-0314 mdiacos@cypressequity.com RIVERSIDE COUNTY Decro Corporation 3431 Wesley Street, Suite F Culver City CA 90232 Laura Vandeweghe (310) 595-4421 lvandeweghe@decro.org RIVERSIDE COUNTY Families Forward 8 Thomas Irvine CA 92618 Steven Moreno (949) 552-2729 smoreno@families-forward.org RIVERSIDE COUNTY Housing Innovation Partners 5151 Murphy Canyon Rd. #120 San Diego CA 92123 Jon Walters (619) 417-5361 jon@hipsandiego.org RIVERSIDE COUNTY Integrity Housing 4 Venture, Suite 295 Irvine CA 92618 Paul Carroll (949) 727-3656 paul@integrityhousing.org RIVERSIDE COUNTY Olivecs Foundation 328 E. Commonwealth Ave Fullerton CA 92832 Rubina Chaudhary (562) 972-2786 rubina@olivecs.org RIVERSIDE COUNTY The Kennedy Commission 17701 Cowan Ave. #200 Irvine CA 92614 Cesar Covarrubias (949) 250-0909 cesarc@kennedycommission.org RIVERSIDE COUNTY Universal Standard Housing 350 S Grand Avenue, Suite 3050 Los Angeles CA 90071 Eduardo Santana (213) 320-3554 esantana@ush.us RIVERSIDE COUNTY USA Properties Fund, Inc 3200 Douglas Blvd Ste 200 Roseville CA 95661 Gabriel Gardner (916) 239- 8458 ggardner@usapropfund.com RIVERSIDE COUNTY Workforce Homebuilders LLC 547 Via Zapata Riverside CA 92507 Tony Mize (951) 530-8172 tmize@workforcehomebuilders.com AFFORDABLE HOUSING DEVELOPERS National Community Renaissance 9421 Haven Aven., Rancho Cucamonga, CA 91730 CA Tony Mize, VP-Acquisitions 909-727-2783 tmize@nationalcore.org Urban Housing Commuinties 2000 E. Fourth St., #205, Santa Ana, CA 92705 CA Mark Irving 714-835-3955 ext 114 mirving@uhcllc.net CITY LIST American Housing Partners, Inc.4075 Prospect Ave., Suite 101 Yorba Llinda CA 92886 Robert Zamora, CPM 714-577-9644 robertahp@sbcglobal.net CITY LIST HGH Real Estate Partners, LLC 74-710 Highway 111, Suite 102 Palm Desert CA 92260 Howrd Gordon, President 760-565-2099 howard@hghrealestatepartners.com Community Housing Opportunities Corporation 5030 Business Center Drive #260, Fairfield, CA 94534 CA Vince Nicholas Joy Silver Charles Liuzzo Yegor Lyashenko Minami Hachiya 707-759-6043 vnicholas@chochousing.org JSilver@chochousing.org CLiuzzo@chochousing.org YLyashenko@chochousing.org MHachiya@chochousing.org www,chochousing.org Pacific West 430 E. State Street, Ste 100, Eagle, ID 83616 CA Darren Berberian 949-599-6069 DarrenB@tpchousing.com www.tpchousing.com Habitat for Humanity 72680 Dinah Shore Dr., #6, Palm Desert, CA 92211 CA 760-969-6917 www.hfhcv.org RIVERSIDE COUNTY Neighborhood Partnership Housing Services 9551 Pittsburgh Avenue Rancho Cucamonga CA 91730 Jenny Ortiz (909) 988-5979 jortiz@nphsinc.org RIVERSIDE COUNTY Habitat for Humanity for the Coachella Valley 72680 Dinah Shore Dr. #6 Palm Desert CA 92211 (760) 969-6917 executivedirector@hfhcv.org; info@hfhcv.org RIVERSIDE COUNTY Coachella Valley Association of Governments 73-710 Fred Waring Drive, Ste 200 Palm Desert CA 92260 Cheryll Dahlin (760) 346-1127 cdahlin@cvag.org RIVERSIDE COUNTY Lift to Rise 73-710 Fred Waring Drive, Suite 100 Palm Desert CA 92260 Araceli Palafox info@lifttorise.org ncriste@terranovaplanning.com clflores@laquintaca.gov DUPLICATE Lift To Rise 73-710 Fred Waring Dr. Suite 100, Palm Desert, CA 92260 CA 760-636-0420 www.lifttorise.org DUPLICATE Coachella Valley Housing Coalition 45701 Monroe St, Indio CA 92201 CA Maryann Ybarra 760-347-3157 Maryann.Ybarra@cvhc.org www.cvhc.org City RSVP List 484  485 Wednesday, January 6, 2021 at 10:19:57 Pacific Standard Time Page 1 of 2 Subject:La Quinta Housing Element Update - Virtual Community Workshop No=ce - Join us! Date:Wednesday, January 6, 2021 at 10:19:28 AM Pacific Standard Time From:Kimberly Cuza <kcuza@terranovaplanning.com> BCC:Andrew@greendev.co <Andrew@greendev.co>, mrisdon@acof.org <mrisdon@acof.org>, affordablehomestead@gmail.com <affordablehomestead@gmail.com>, Riaz@marrscorp.com <Riaz@marrscorp.com>, apreedge@cityventures.com <apreedge@cityventures.com>, julie.bornstein@cvhc.org <julie.bornstein@cvhc.org>, mdiacos@cypressequity.com <mdiacos@cypressequity.com>, lvandeweghe@decro.org <lvandeweghe@decro.org>, smoreno@families-forward.org <smoreno@families-forward.org>, jon@hipsandiego.org <jon@hipsandiego.org>, paul@integrityhousing.org <paul@integrityhousing.org>, rubina@olivecs.org <rubina@olivecs.org>, cesarc@kennedycommission.org <cesarc@kennedycommission.org>, esantana@ush.us <esantana@ush.us>, ggardner@usapropfund.com <ggardner@usapropfund.com>, tmize@workforcehomebuilders.com <tmize@workforcehomebuilders.com>, tmize@na=onalcore.org <tmize@na=onalcore.org>, mirving@uhcllc.net <mirving@uhcllc.net>, robertahp@sbcglobal.net <robertahp@sbcglobal.net>, howard@hghrealestatepartners.com <howard@hghrealestatepartners.com>, JSilver@chochousing.org <JSilver@chochousing.org>, CLiuzzo@chochousing.org <CLiuzzo@chochousing.org>, YLyashenko@chochousing.org <YLyashenko@chochousing.org>, MHachiya@chochousing.org <MHachiya@chochousing.org>, DarrenB@tpchousing.com <DarrenB@tpchousing.com>, jor=z@nphsinc.org <jor=z@nphsinc.org>, execu=vedirector@hacv.org <execu=vedirector@hacv.org>, info@hacv.org <info@hacv.org>, cdahlin@cvag.org <cdahlin@cvag.org>, info@libtorise.org <info@libtorise.org>, Nicole Criste <ncriste@terranovaplanning.com>, clflores@laquintaca.gov <clflores@laquintaca.gov>, VNicholas@chochousing.org <VNicholas@chochousing.org> AGachments:image001.png 486 Page 2 of 2 487   488 1/11/21 Housing Workshop Attendance Request List (RSVPs) Public- Zoom mtg info sent 1/8/21 Shaun Pittman pitt4014@charter.net Laura Distarce lauradel3028@att.net Marisol Rodarte mrodarte1985@gmail.com Linda Williams lwilliams10@dc.rr.com Caryl Cummings, carylc1005@gmail.com Jelena Tamm, jelena.tamm@californiavacationvillas.com Howard Gordon, howard@hghrealestatepartners.com Gretchen Gutierrez, DVBA gg@thedvba.org William L affordablehomestead@gmail.com Dick Storbo dstorbo@yahoo.com Sherry Barkas, Desert Sun sbarkas@gannett.com Zoom info sent 1/11/2020 Dave Thornton, Executive Director HFHCV executivedirector@hfhcv.org Maryann Ybarra CVHC (added by KC at TN) Maryann.Ybarra@cvhc.org Sheila.McGrath@cvhc.org Emilia.Mojica@cvhc.org Anna.Tellez@cvhc.org Tony Mize, VP National Community Renaissance tmize@nationalcore.org Mayor Evans – tentative John Pena – confirmed rsvp Rubyd Olvera, Lift to Rise Rubyd@lifttorise.org Council/Commissions Council: Zoom info sent 1/8/21 Kathleen Fitzpatrick kfitzpatrick@laquintaca.gov (asked Teresa to send to interested Councilmembers) Steve Sanchez (tentative acceptance) Housing Commissioners (ask Doug to send): Sent Zoom info 1/11/21 1) Chair Veronica Gaeta-Mejia 2) Vice Chair Michelle McDonough 3) Olga Pacheco 4) Gia Casto 5) Gwendolyn Davis Sent Zoom info 1/8/21 Planning Commissioners: Michael Proctor Stephen Nieto-confirmed Mary Caldwell Philip Bettencourt Loretta Currie-confirmed Kevin McCune Taylor Libolt Varner 489 1/11/21 Staff-Sent Zoom invite 1/8/21-they may not all attend Ihrke, Bill bihrke@rutan.com Teresa Thompson, CM Karla Romero, Finance Danny Castro, D&D Gil Villalpando, CM/Housing Doug Kinley, CM/Housing Carlos Flores, Planning Siji Fernando, Planning Tania Flores, D&D Assistant AJ Ortega, Building Monika Radeva, City Clerk Angela Ferreira, CM Jon McMillen, CM Tommi Sanchez, Hub Armando Magallon, Hub Jack Lima, Hub 490 491 Community Workshop January 13, 2021 Housing Element Update Introductions Cheri Flores, Planning Manager, City of La Quinta Nicole Criste, Terra Nova Planning and Research, Housing Element consultant 492 Background Housing Element is one of the required elements of the General Plan It is the only Element that must be updated on a State-mandated schedule It is intended to provide the City direction on achieving its anticipated housing demand for an 8-year period. Background Accomplishments: Washington Street Apartments Major Rehabilitation of 72 units Construction of 68 new units, 24 of which are affordable to very low-income households, 44 for low-income households. Coral Mountain Apartments 176 units, 36 for very low-income households, 138 for low-income households, and 2 for moderate income households. 493 Background About the City: o Population: 40,704 o Median Age: 47.1 o Median Income: $79,889 o Total Households: 15,505 o 10,977 family households o 11,125 own their home o 4,380 rent Background About the City: o Median home value: $386,200 o Median rent: $1,473 o 3,880 households pay more than 30% of income for housing o 2,125 very low and low income owners o 1,360 very low and low income renters o 415 moderate income owners and 125 moderate income renters 494 Background About the City: o 4,722 residents are disabled o 1,543 households have 5 or more people o 625 families live below the poverty level Background 495 Housing Sites Capacity for 1,109 very low, low and moderate income units, and over 1,900 above moderate income units Distributed throughout the City Includes City-owned and private property Next Steps Complete document for review by the Department of Housing & Community Development Planning Commission and City Council hearings late summer 2021 496 Comments and suggestions welcome Email comments to: Cheri Flores, Planning Manager clflores@laquintaca.gov 497 498 Friday, September 10, 2021 at 14:11:29 Pacific Daylight Time Page 1 of 2 Subject:La Quinta Housing Element Update - Public Review No<ce Date:Friday, September 10, 2021 at 2:10:33 PM Pacific Daylight Time From:Kimberly Cuza <kcuza@terranovaplanning.com> BCC:Andrew@greendev.co <Andrew@greendev.co>, mrisdon@acof.org <mrisdon@acof.org>, affordablehomestead@gmail.com <affordablehomestead@gmail.com>, Riaz@marrscorp.com <Riaz@marrscorp.com>, apreedge@cityventures.com <apreedge@cityventures.com>, julie.bornstein@cvhc.org <julie.bornstein@cvhc.org>, mdiacos@cypressequity.com <mdiacos@cypressequity.com>, lvandeweghe@decro.org <lvandeweghe@decro.org>, smoreno@families-forward.org <smoreno@families-forward.org>, jon@hipsandiego.org <jon@hipsandiego.org>, paul@integrityhousing.org <paul@integrityhousing.org>, rubina@olivecs.org <rubina@olivecs.org>, cesarc@kennedycommission.org <cesarc@kennedycommission.org>, esantana@ush.us <esantana@ush.us>, ggardner@usapropfund.com <ggardner@usapropfund.com>, tmize@workforcehomebuilders.com <tmize@workforcehomebuilders.com>, tmize@na<onalcore.org <tmize@na<onalcore.org>, mirving@uhcllc.net <mirving@uhcllc.net>, robertahp@sbcglobal.net <robertahp@sbcglobal.net>, howard@hghrealestatepartners.com <howard@hghrealestatepartners.com>, JSilver@chochousing.org <JSilver@chochousing.org>, CLiuzzo@chochousing.org <CLiuzzo@chochousing.org>, YLyashenko@chochousing.org <YLyashenko@chochousing.org>, MHachiya@chochousing.org <MHachiya@chochousing.org>, DarrenB@tpchousing.com <DarrenB@tpchousing.com>, jor<z@nphsinc.org <jor<z@nphsinc.org>, execu<vedirector@h]cv.org <execu<vedirector@h]cv.org>, info@h]cv.org <info@h]cv.org>, cdahlin@cvag.org <cdahlin@cvag.org>, info@li^torise.org <info@li^torise.org>, Maryann Ybarra <Maryann.Ybarra@cvhc.org>, Nicole Criste <ncriste@terranovaplanning.com>, clflores@laquintaca.gov <clflores@laquintaca.gov>, VNicholas@chochousing.org <VNicholas@chochousing.org>, Tania Flores <alores@laquintaca.gov> ADachments:image001.png As a participant in our community workshop for the City of La Quinta’s Housing Element Update, we wanted to let you know the draft Housing Element document is available on the city’s website for public review, from September 10 – 24, 2021. We invite you to review the Element through this link: https://bit.ly/3falPKM Please provide any comments to Cheri Flores, Planning Manager at cflores@laquintaca.gov 499 Page 2 of 2 500           501 Chapter IV ENVIRONMENTAL HAZARDS •NOISE •SOILS AND GEOLOGY •FLOODING AND HYDROLOGY •HAZARDOUS MATERIALS •FIRE HAZARDS •CLIMATE CHANGE RESOLUTION NO. 2022-XXX EXHIBIT B ADOPTED: 502 503 NOISE IV-1 NOISE PURPOSE The Noise Element addresses the City’s current and future noise environment. As the City and its Sphere of Influence continue to develop, additional development will generate noise from many sources, ranging from air conditioning units to automobiles. This Element identifies areas where noise levels are expected to reach unacceptable levels, and provides policies and programs which will assure that noise levels do not negatively impact the community. Government Code Section 65032(f) requires that cities evaluate their noise environments, address the potential hazards associated with high noise levels and set standards for acceptable and unacceptable noise levels. The City is also allowed to set standards for noise under the California Environmental Quality Act (CEQA). These standards can help the City identify projects which could significantly impact noise levels, and require that the projects lower their noise levels. The Noise Element is most closely related to the Land Use and Circulation Elements. In the case of the Land Use Element, the location of uses which create more noise – such as commercial shopping centers – can impact noise levels in residential neighborhoods, schools and other “sensitive receptors.” The Circulation Element is closely tied to the Noise Element because the noise created by traffic is and will continue to be the single largest source of noise in the City. The distribution and smooth flow of traffic, therefore, is critical to the City’s noise environment. BACKGROUND Noise is defined as an unwanted sound and can have serious physiological and psychological effects on people, ranging from the disturbance of sleep to hearing loss. In order to prevent these negative effects, a number of tools are available to cities, particularly when they consider new development proposals. 504 NOISE IV-2 The changes in air pressure which result in sound are most often measured in decibels (dB). That measurement is further modified by the A-weighted decibel scale (dBA), which gives less weight to very low and very high sounds, consistent with the way a huma n ear reacts to sound. A conversation between two people measures about 60 dBA, while construction equipment can register at 110 dBA. Most people cannot identify an increase in sound of less than 3 dB, and the structure of the human ear causes us to perceive that a sound that is 10 dB higher than another is twice as loud. The chart below illustrates loudness and its subjective impact on people. The amount of noise in a community at any given time is called the ambient noise level. It consists of the total of all noise sources – traffic, birdsong, conversations and other noises – at any given time during the day. There are two classifications of the sources of noise: line sources, which include traffic noise; and point sources, which are fixed sources su ch as air conditioners. Both sources can be affected by surrounding conditions. “Soft site” conditions, such as vegetation, absorb noise and reduce its potential impact. “Hard site” conditions, such as walls and buildings, can block noise but can also cause it to reverberate. In addition, distance reduces noise levels – a doubling of the distance 4 505 NOISE IV-3 between a person and a noise source reduces noise by about 4.5 dBA. Soft and hard site conditions and distance are all used to determine the level of noise that reaches the human ear from the source. Noise Sources in La Quinta In La Quinta, traffic noise is the most common source of noise. The level of noise from traffic is directly affected by the mix of vehicles on the road – when heavy trucks make up a larger sh are of the traffic, traffic noise is higher than when traffic is composed entirely of automobiles. Also contributing to noise levels are commercial activities, including air compressors and commercial compactors, landscaping maintenance equipment, and daily activities. In the Sphere of Influence, aircraft noise from operations at the Jacqueline Cochran Regional Airport can also affect the noise environment. Although not a heavily used airport, takeoff and landing operations can impact the residential land uses in the Sphere. As the City and the Sphere of Influence areas build out, and traffic levels increase, ambient noise levels can also be expected to go up. Careful planning is required to assure that residents are not negatively affected. Noise Sensitivity The term “sensitive receptor” is used to identify land uses which are more impacted by noise than others. They include residential uses, schools and libraries, hospitals and nursing homes. Moderately sensitive uses include parks and golf courses, hotels and motels. The location of uses which are sensitive to noise in relation to noise generators , such as shopping centers and airports, must be considered in the Land Use Map. Community Noise Equivalent Level (CNEL) California Health and Safety Code Section 46026 establishes standards for local noise ordinances to help identify appropriate noise levels for various land uses. It uses the Community Noise Equivalent Level (CNEL), which averages noise levels over a 24 -hour period. The CNEL scale is weighted to recognize that noise is more evident during the more quiet evening and nighttime periods. Because the ambient noise level is lower in the evening and at night, sounds appear to be louder. The CNEL scale has been used to develop acceptable ranges of noise for a broad range of land uses, ranging from single -family homes to industrial uses. Acceptable noise levels under this model increase as the sensitivity of the land use decreases, so that louder noise environments are considered acceptable at shopping centers, and more quiet noise environments are required for hotels. 506 NOISE IV-4 Existing Noise Levels The primary source of noise in the City and Sphere is tr affic. In order to determine noise levels throughout the City and Sphere, a noise analysis was conducted for this General Plan (it is included in its entirety in the Appendix of the General Plan EIR). This analysis includes the monitoring of noise levels at 20 locations. Table IV-1 shows the results of 24-hour monitoring at seven locations, while Table IV-2 shows the current short- term noise levels at 13 additional locations. 507 NOISE IV-5 Table IV-1 Existing 24-Hour Noise Levels at Monitored Locations Receptor Location Description Time Of Measure- ment Primary Noise Source Hourly Noise Levels (Leq dBA) Daily Noise Levels (dBA CNEL) L1 Located north of Westward Ho Drive at La Quinta Park across from the La Quinta High School baseball fields. February 2-3, 2011 Traffic on Westward Ho Drive, Park Activities, Activities at La Quinta High School 44.9 - 63.6 60.2 L2 Located north of Highway 111 on southern portion of the commercial center west of La Quinta Drive. February 2-3, 2011 Traffic on Highway 111 50.4 - 64.1 65.3 L3 Located near the Washington St. and Via Marquessa intersection adjacent to the existing medical offices. February 2-3, 2011 Traffic on Washington Street 58.1 - 71.6 72.7 L4 Located north of the Coachella Drive and Eisenhower Drive intersection at the Legacy Villas of La Quinta. February 2-3, 2011 Traffic on Eisnhower Drive, Ambient 47.6 - 56.1 59.3 L5 Located next to the Crab Pot Restaurant on Avenida La Fonda in "The Village". February 2-3, 2011 Traffic on Ave. La Fonda, Ambient within "The Village" 43.1 - 65.4 58.9 L6 Located northeast of the 52nd Avenue and Jefferson Street intersection at land uses proposed as multi- family residential. February 2-3, 2011 Traffic on 52nd Ave. and Jefferson St. 48.7 - 60.3 62.2 L7 Located on the northeast corner of the intersection of Jackson Street and 50th Avenue near the existing single- family homes. February 2-3, 2011 Traffic on Jackson St. 52.6 - 72.6 71.4 508 NOISE IV-6 The noisiest locations monitored for a 24 -hour period are on Washington Street in the City and Jackson Street in the Sphere of Influence. These noise levels can be attribute d to vehicular traffic on Washington and Jackson Streets. The Daily Noise Level represents the average noise level occurring throughout the entire day. The Hourly Noise Level represents noise levels measured during one particular hour. In some cases, the hour measured may have been affected by an unusually loud event (heavy trucks pa ssing by) or temporarily noisy condition (rush hour). Where this occurs, the Hourly Noise Level can exceed the Daily Noise Level. Table IV-2 below, illustrates the existing noise levels monitored for 10 minutes at each location. The table shows that the noisiest locations are on major roadways in the City. Table IV-2 Existing Short-Term Noise Levels Receptor Location Description Time Of Measure -ment Primary Noise Source Noise Levels (Leq dBA) Noise Levels (dBA CNEL) S1 Located 100 feet from the Washington Street centerline north of the Fred Waring Drive intersection. 3:00 p.m. Traffic on Washington Street 66.1 68.4 S2 Located near the Jefferson Street and Fred Waring Drive intersection at an existing Walgreens. 3:17 p.m. Traffic on Jefferson St. and Fred Waring Dr. 69.3 72.9 S3 Located near the Eisenhower Health center east of the Washington Street centerline. 3:43 p.m. Traffic on Washington Street 69.3 71.6 S4 Located near the La Quinta Unified School District Offices at the intersection of 48th Avenue and Dune Palms Road. 4:11 p.m. Traffic on Avenue 48 66.5 67.1 S5 Located approximately 100 feet east of the Jefferson Street centerline north of the 50th Avenue intersection at the existing commercial center. 10:27 a.m. Traffic on Jefferson St. 64.3 68.0 509 NOISE IV-7 Table IV-2 Existing Short-Term Noise Levels Receptor Location Description Time Of Measure -ment Primary Noise Source Noise Levels (Leq dBA) Noise Levels (dBA CNEL) S6 Located 50 feet east of the centerline in the front yard of 51915 Avenue Bermudas across from the community park south of the 52nd Avenue intersection. 11:12 a.m. Traffic on Avenue Bermudas 66.2 71.3 S7 Located south of 52nd Avenue at the Cahuilla Desert Academy School. 11:55 a.m. Traffic on 52nd Avenue 62.0 66.6 S8 Located adjacent to the single-family homes near the intersection of Avenue Bermudas and Calle Arroba. 11:29 a.m. Traffic on Avenue Bermudas 59.2 64.3 S9 Located east of Madison Street at the Troon Way intersection near the existing single-family homes. 1:10 p.m. Traffic on Madison Street 64.4 67.5 S10 Located 100 feet west of the Harrison Street centerline south of the Airport Blvd. intersection. 12:16 p.m. Traffic on Harrison Street 62.1 65.7 S11 Located north of 50th Avenue centerline at the existing Boy and Girls Club. 10:46 a.m. Traffic on 50th Avenue 57.7 61.5 S12 Located 50 feet east of the Monroe Street centerline south of the 60th Avenue intersection and the existing residential uses. 12:40 p.m. Traffic on Monroe Street 60.4 64.0 S13 Located 100 feet west of the Jefferson Street centerline between 52nd and 54th Avenue at the proposed residential uses. 1:30 p.m. Traffic on Jefferson Street 66.7 71.0 510 NOISE IV-8 Table IV-3 Land Use Compatibility for Community Noise Environments Land Uses CNEL (dBA) 50 55 60 65 70 75 80 Residential - Single Family Dwellings, Duplex, Mobile Homes A B C D Residential – Multiple Family A B C D Transient Lodging: Hotels and Motels A B C D School Classrooms, Libraries, Churches, Hospitals, Nursing Homes and Convalescent Hospitals A B C D Auditoriums, Concert Halls, Amphitheaters B C Sports Arenas, Outdoor Spectator Sports B C Playgrounds, Neighborhood Parks A C D Golf Courses, Riding Stables, Water Recreation, Cemeteries A C D Office Buildings, Business, Commercial and Professional A B D Industrial, Manufacturing, Utilities, Agriculture A B D Source: California Department of Health Services, “Guidelines for the Preparation and Content of the Noise Element of the General Plan,” 1990 A Normally Acceptable: With no special noise reduction requirements assuming standard construction. B Conditionally Acceptable: New construction or development should be undertaken only after a detailed analysis of the noise reduction requirement is made and needed noise insulation features included in the design C Normally Unacceptable: New construction is discouraged. If new construction does proceed, a detailed analysis of the noise reduction requirements must be made and needed noise insulation features included in the design. D Clearly Unacceptable: New construction or development should generally not be undertaken. 511 NOISE IV-9 La Quinta Municipal Code Section 9.100.210 of the City’s Municipal Code governs noise control in the City. The current noise standards allow noise levels of 60 dBA from 7 AM to 10 PM, and 50 dBA from 10 PM to 7 AM for noise sensitive uses; and 75 dBA from 7 AM to 10 PM, and 65 dBA from 10 PM to 7 AM for nonresidential land uses. This standard is more s tringent than the CNEL standard and can be modified by City Council. The Ordinance also addresses short-term noise levels and places restrictions on the length of time unacceptable noise levels can be maintained. It also addresses temporary noise levels, such as construction noise, and restricts the hours when such noise can occur to the less sensitive daytime hours. Anticipated Future Noise Levels The Noise Impact Analysis predicts noise levels throughout the City and the Sphere of Influence at build out of the General Pla n. These are shown in Table IV-4, below, and addressed in greater detail in the General Plan EIR. Table IV-4 Build Out Noise Levels Road Segment CNEL at 100 Feet (dBA ) Distance to Contour (Feet) 70 dBA CNEL 65 dBA CNEL 60 dBA CNEL 55 dBA CNEL Washington St. n/o Fred Waring Dr. 72.7 152 327 705 1,519 Washington St. btwn Fred Waring & Miles 73.3 165 356 766 1,650 Washington St. btwn Miles & Hwy 111 72.5 148 318 685 1,476 Washington St. btwn Hwy 111 & Avenue 48 73.0 158 341 736 1,585 Washington St. btwn Avenue 48 & Eisenhower Dr 72.3 142 306 658 1,418 Washington St. btwn Eisenhower Dr & Avenue 50 71.7 129 278 599 1,290 Washington St. btwn Avenue 50 & Calle Tampico 70.9 115 248 534 1,150 Eisenhower Dr. btwn Washington St & Avenue 50 68.1 74 160 346 745 Eisenhower Dr. btwn Avenue 50 & Calle Tampico 66.6 59 128 275 593 Avenida Bermudas btwn Calle Tampico & Avenue 52 59.1 RW RW 87 188 Avenida Bermudas btwn Avenue 52 & Calle Durango 63.6 RW 80 173 372 Adams St. btwn Westward Ho Dr & Hwy 111 66.6 60 129 277 597 512 NOISE IV-10 Table IV-4 (cont’d) Build Out Noise Levels Distance to Contour (Feet) Road Segment CNEL at 100 Feet (dBA 70 dBA CNEL 65 dBA CNEL 60 dBA CNEL 55 dBA CNEL Adams St. btwn Hwy 111 & Avenue 48 66.8 61 132 284 613 Dune Palms Rd. btwn Westward Ho Dr & Hwy 111 65.5 50 108 232 500 Dune Palms Rd. btwn Hwy 111 & Avenue 48 66.7 60 129 278 598 Jefferson St. n/o Fred Waring 70.4 107 230 496 1,068 Jefferson St. btwn Fred Waring & Miles 71.8 132 284 613 1,320 Jefferson St. btwn Miles & Westward Ho Dr 72.2 141 304 654 1,409 Jefferson St. btwn Westward Ho Dr & Hwy 111 72.2 140 302 651 1,402 Jefferson St. btwn Hwy 111 & Avenue 48 72.1 139 299 645 1,389 Jefferson St. btwn Avenue 48 & Avenue 50 72.7 151 326 702 1,513 Jefferson St. btwn Avenue 50 & Avenue 52 71.1 119 256 551 1,186 Jefferson St. btwn Avenue 52 & Avenue 54 70.7 111 239 516 1,112 Madison St. btwn Avenue 50 & Avenue 52 70.4 107 231 497 1,071 Madison St. btwn Avenue 54 & Airport Blvd 72.0 136 292 629 1,355 Madison St. btwn Airport Blvd & Avenue 58 70.8 113 244 527 1,134 Madison St. btwn Avenue 58 & Avenue 60 68.2 76 164 354 762 Monroe St. btwn Avenue 52 & Avenue 54 70.4 106 228 492 1,060 Monroe St. btwn Avenue 54 & Airport Blvd 70.6 110 237 510 1,099 Jackson St. btwn Avenue 54 & Airport Blvd 70.0 101 217 467 1,006 Jackson St. btwn Airport Blvd & Avenue 58 70.2 103 221 476 1,026 Jackson St. btwn Avenue 58 & Avenue 60 69.5 93 199 429 925 Jackson St. btwn Avenue 60 & Avenue 62 68.3 77 166 358 770 Van Buren St. btwn Avenue 52 & Avenue 54 70.0 101 217 467 1,006 Van Buren St. btwn Avenue 54 & Airport Blvd 69.0 86 185 399 859 Van Buren St. btwn Airport Blvd & Avenue 58 69.3 90 195 419 904 Van Buren St. btwn Avenue 58 & Avenue 60 69.4 91 196 422 908 Van Buren St. btwn Avenue 60 & Avenue 62 65.8 52 113 243 523 Harrison St. btwn Airport Blvd & Avenue 58 73.7 176 378 815 1,756 Avenue 44 e/o Washington St 72.0 136 292 629 1,356 Miles Ave. e/o Washington St 66.6 59 127 274 590 Hwy 111 e/o Washington St 75.4 230 496 1,068 2,301 Hwy 111 e/o Adams St 74.2 191 411 885 1,906 513 NOISE IV-11 Table IV-4 (cont’d) Build Out Noise Levels Distance to Contour (Feet) Road Segment CNEL at 100 Feet (dBA 70 dBA CNEL 65 dBA CNEL 60 dBA CNEL 55 dBA CNE L Hwy 111 e/o Dune Palms 75.2 223 481 1,036 2,233 Avenue 48 e/o Washington St 67.0 64 137 295 635 Avenue 48 w/o Jefferson St 70.0 100 215 464 999 Avenue 50 e/o Washington St 64.4 RW 91 197 424 Avenue 50 w/o Jefferson St 67.0 63 136 294 634 Avenue 50 e/o Jefferson St 69.7 96 207 447 962 Calle Tampico btwn Eisenhower Dr & Avenida Bermudas 61.9 RW 62 134 289 Calle Tampico btwn Avenida Bermudas & Washington St 64.7 RW 95 204 440 Avenue 52 w/o Washington St 66.7 60 130 280 603 Avenue 52 w/o Jefferson St 70.1 102 220 475 1,023 Avenue 52 e/o Jefferson St 69.7 95 206 443 955 Avenue 52 e/o Madison St 69.2 88 190 410 883 Avenue 54 e/o Jefferson St 69.9 98 212 457 984 Avenue 54 w/o Madison St 62.4 RW 67 145 312 Airport Blvd. e/o Madison St 67.3 66 141 304 656 Avenue 58 w/o Monroe St 63.8 RW 83 179 386 Avenue 58 e/o Monroe St 66.0 54 117 252 542 Avenue 60 e/o Madison St 64.9 46 99 213 460 Avenue 60 e/o Monroe St 65.3 RW 105 226 488 Avenue 62 btwn Madison St & Monroe St 64.3 42 90 195 419 Avenue 62 e/o Monroe St 67.5 68 146 314 677 Avenue 62 e/o Jackson St 63.7 RW 82 178 383 Avenue 62 e/o Van Buren St 60.1 RW 47 102 220 Most new residential development on General Plan roads will be located between 35 and 65 feet from the center line of the street (depending on the type of road on which the project is located). Based on Table IV-4, in order to achieve a noise level of 65 dBA CNEL or less, noise analysis will be required at most locations to assure that a project’s design includes noise protection. 514 NOISE IV-12 Managing Noise Levels Site planning and design standards, including the use of buffer zones, building orientation, walls, and landscaping between sensitive land uses and roadways are the most common and easiest ways to lessen noise levels. As new noise-sensitive projects are developed next to noisy roads throughout the City, noise impact analyses should be part of the approval process to assure that the noise environment within the projects is acceptable. These analyses will be individually tailored to address each site and will provide noise attenuation best suited to the particular situation faced by each project. Such analysis is critical to assuring good quality of life for City residents. The most effective way to reduce noise is by installing a solid barrier; however, noise barriers can have limitations. To reduce noise levels by 5 dBA, a vegetative barrier must be at least 15 feet high, 100 feet wide, and dense enough to completely obstruct the line -of-sight between the noise source and receiver. For a block wall to effectively decrease traffic noise levels by 5 dB, it must be high and long enough to block the view of the road. Construction Noise Most construction projects require the use of heavy equipment. Heavy equipment can generate noise ranging from 68 dBA to over 100 dBA at a distance of 50 feet. For every doubling of distance, the noise level is reduced by about 6 dBA. Heavy equipment operating close to existing sensitive receptors, however, can create unacc eptable noise levels for short periods of time. The City has adopted a noise ordinance which limits construction activities in order to reduce the potential for intrusive noise during evenings, weekends and holidays. F uture development proposals should be required to analyze construction noise if the project is proposed next to existing sensitive receptors. Airport Noise The Jacqueline Cochran Regional Airport is located immediately east of the Sphere of Influence and accommodates business and private air traffic. In the future, it is likely that activity at the airport will increase. One of the airport’s runways is constructed on a north-south axis, which results in the bulk of the noise occurring north and south of the runway, as shown in Exhibit IV-1. The other runway lies on a northwest-southeast axis, and noise contours along this runway are limited to the immediate vicinity of the runway. The airport’s noise levels are, therefore, not expected to impact areas west of Harrison Street, which defines the eastern edge of the City’s Sphere of Influence. 515 516 NOISE IV-14 Bus Stops and Bus Routes SunLine Transit Agency operates bus routes in the City. The current routes are focused on Highway 111 and Washington Street, and they connect to other routes which provide for regional travel throughout the Valley. As the City and the region grow, demand for transit service will increase, and SunLine is likely to expand its services in the City. Transit buses can have a negative noise impact – their brakes and engines can be louder than typical car noise, and their acceleration from bus stops can be noisy if the stop is located next to residential development. As additional bus routes are developed, and sensitive uses are proposed next to bus routes, noise analysis w ill be needed to assure that transit activities do no raise noise levels beyond the City’s standards. Truck Routes The City limits truck routes by maintaining an official truck route map. Although the map is updated periodically, it generally limits truck routes to major roadways. Although heavy trucks occasionally use local streets to access delivery addresses, their presence on major roadways does not significantly change the existing or future noise environment. As with bus routes, the City will need to monitor future development of sensitive receptors on major roadways to assure that truck noise does not raise noise levels beyond the City’s standards. Groundborne Vibration Groundborne vibration most commonly results from construction equipment, train trips and heavy truck traffic. Unlike noise, there is no established standard to measure vibration. Most groundborne vibration in La Quinta is from construction activity and heavy trucks, since there are no train tracks in the City or its Sphere of Influence. In the long term, it is not expected that additional sources of vibration will develop in the City. Construction equipment and heavy trucks can cause limited and short-duration vibrations; however, groundborne vibration is not expected to affect the City significantly. PLANNING FOR THE FUTURE In general, the City’s current land use patterns buffer sensitive land uses from high noise levels. However, as the City and Sphere grow in the future, noise impacts will need to be carefully considered. This is particularly true of any area where Mixed Use development is considered – along Highway 111 or in the Village – where there may be 517 NOISE IV-15 less room to buffer residential uses from commercial activities. Careful consideration of each future project will be required to assure that compatibility is maintained. The City’s ongoing efforts to preserve the quality of life for all its residents, present and future, must include the protection of a quiet noise environment. GOALS, POLICIES AND PROGRAMS GOAL N-1 A healthful noise environment which complements the City’s residential and resort character. Policy N-1.1 Noise standards in the City shall be consistent with the Community Noise and Land Use Compatibility scale described in this Element. • Program N-1.1.a: Propose to City Council an a mendment to the Municipal Code (Section 9.100.210) to allow 65 dBA CNEL for sensitive land uses. • Program N-1.1.b: Ensure that City Building Code standards include interior noise level standards that are consistent with the Community Noise and Land Use Compatibility scale. Policy N-1.2 New residential development located adjacent to any roadway identified in Table IV-4 as having a build out noise level in excess of 65 dBA shall continue to be required to submit a noise impact analysis in conjunction with the first Planning Department application, which demonstrates compliance with the City’s noise standards. Policy N-1.3 New non-residential development located adjacent to existing residential development, sensitive receptors or residentially designated land, shall be required to submit a noise impact analysis in conjunction with the first Planning Department application, which demonstrates that it will not significantly impact the adjacent resi dential development or residential land. 518 NOISE IV-16 Program N-1.3.a: Provide accommodation for special events in the public interest, such as concerts and festivals, which may temporarily exceed the maximum allowable decibel level. Policy N-1.4 All Mixed Use projects shall be required to submit a noise impact analysis in conjunction with the first Planning Department application, which demonstrates compliance with the City’s noise standards. Policy N-1.5 All noise impact analysis will include, at a minimum, short-term construction noise and noise generated by the daily operation of the project at build out. Policy N-1.6 The City may require remedial noise control plans and/or improvements for areas experiencing noise in excess of adopted City standards. • Program N-1.6.a: Remedial improvements will be included in the Capital Improvement Program. Policy N-1.7 Noise impact analysis shall be included in all City Capital Improvement Plan (CIP) and developer-required roadway widening projects to demonstrate compliance with City noise standards. Policy N-1.8 Maintain a truck route plan restricting truck travel to arterial roadways. RELATED GOALS As described above, this Element relates to others in this Ge neral Plan. The following Goals and their associated policies and programs are closely related to those of this Element. GOAL LU-1: Land use compatibility throughout the City. GOAL LU-3: Safe and identifiable neighborhoods that provide a sense of place. GOAL OS-2: Good stewardship of natural open space and preservation of open space areas. 519 NOISE IV-17 THIS PAGE INTENTIONALLY LEFT BLANK 520 OIY 521 SOILS AND GEOLOGY IV-19 SOILS AND GEOLOGY PURPOSE The Soils and Geology Element assesses the physical characteristics of the planning area and the community’s overall safety. This element relates to a variety of other General Plan elements, including Land Use, Circulation, Housing, Economic Development, Public Facilities, Emergency Services, and Water, Sewer and Other Public Utilities. Many of the issues addressed in this element also directly relate to those considered in the Flooding and Hydrology Element. California Government Code and Public Resources Code require the inclusion of a General Plan element addressing seismic safety issues. As set forth in Government Code Section 65302(g), the General Plan is required to consider the need to protect the community from unreasonable risks from seismically induced hazards, including surface rupture, groundshaking, ground failure, seiching, dam failure, subsidence, and other geologic risks. The City lies within the most severe seismic shaking zone, Zone 4, as defined in Chapter 2-23, Part 2, Title 24 of the Administrative Code. Jurisdictions in Zone 4 must identify all potentially hazardous or substandard buildings, and programmatically mitigate potential hazards associated with such structures. BACKGROUND Geologically, the planning area is diverse and relatively young. It is subject to a variety of complex, on -going geologic and seismic processes and hazards, including continuing uplift of the San Jacinto and Santa Rosa Mountains to the west, and seismic-related subsidence (gradual settling) of the Coachella Valley. 522 SOILS AND GEOLOGY IV-20 The following discussions summarize the soil types and conditions, and associated geotechnical and seismic hazards that should be considered in future planning for La Quinta. This discussion is intended to provide an overview; additional technical information and specific mitigation measures are provided in the Environmental Impact Report for this General Plan. Seismic Hazards Most of Southern California is located at the boundary between th e North American and Pacific tectonic plates, which are moving past each other at varying rates. The boundary between these two plates is marked by the San Andreas Fault, which occurs approximately 4 miles north of the City. Approximately 60 to 70 percent of the plate movement occurs along the San Andreas Fault. The remainder is distributed among other faults within the San Andreas system and those associated with the Eastern California Shear Zone. The southern California region and the planning area are , therefore, in an area susceptible to strong seismic activity. Measuring Seismic Events The seismic energy released when an earthquake occurs is measured in terms of intensity and magnitude. The intensity of ground shaking is determined by several factors, including the earthquake’s magnitude, distance from the epicenter, and soil and rock composition. Seismologists have used a variety of scales to measure earthquakes. • Modern Mercalli Intensity (MMI) scale is the most common measure of seismic intensity. It defines earthquakes in terms of damage along a continuum of 12 levels, based on observable damage to structures and human responses to earthquakes. • Seismic Moment (Mw) Measure is currently favored by seismologists, and correlates earthquake size to the amount of energy released when a fault ruptures. A one -point increase in magnitude represents a 32-fold increase in energy. • Maximum Probable Earthquake (MPE) is the largest earthquake likely to occur on a fault or fault segment within a specified time period. MPE is used to prepare engineering or emergency plans, to develop design parameters and safe construction practices, and to prepare policies and programs re garding potential earthquake hazards and impacts. 523 SOILS AND GEOLOGY IV-21 • Maximum Magnitude Earthquake (Mmax) is a value assigned by the California Geological Survey which represents the highest magnitude earthquake a fault is capable of producing based on physical limitations, such as the length of the fault or segment. Major Faults Affecting the Planning Area Potential hazards associated with earthquakes can range from significant property damage, to the loss of public services and facilities, to the loss of life. Strong gro und shaking has the greatest potential to result in severe impacts in La Quinta. Ground shaking may cause other hazards such as landslides, structural damage or destruction, liquefaction, and settlement. Such events can also result in fires, hazardous materials releases, and disruption of essential facilities and services such as water, sewer, gas, electric, drainage, and transportation. Flooding can result from dam or water tank failure. The most significant faults with the potential to affect the General Plan area are described below and illustrated in Exhibit IV-2. San Andreas Fault Zone: considered the “Master Fault” in Southern California based on frequency and magnitude of earthquakes and influence over seismic hazards in the area. • Passes approximately 4 miles northwest of the General Plan area. • Extends approximately 690 miles, from the Salton Sea to Cape Mendocino in northern California. • Last major earthquake on the southern portion: Fort Tejon (1857), magnitude 8.0; the largest earthquake reported in California. • Southern San Andreas fault estimated to have a 59% probability of causing an earthquake of at least magnitude 6.7 in the next 30 years. • Maximum Magnitude Earthquake (Mmax) potential in La Quinta: 7.7 to 8.0 earthquake. • Shaking intensity could range from moderate to strong and would be expected to result in moderate to heavy damage, especially to buildings that are older or poorly constructed. San Jacinto Fault Zone: historically, the San Jacinto fault has produced more large earthquakes than any other fault in southern California. None have been as large as the 1857 and 1906 earthquakes on the San Andreas fault. 524 SOILS AND GEOLOGY IV-22 • Located south of the planning area. • Comprises the western margin of the San Jacinto Mountains via a series of closely spaced faults. • Extends approximately 175 miles, intersecting with the San Andreas fault in San Bernardino; continues south of the U.S./Mexico border as the Imperial fault. • Most recent surface-rupturing earthquakes occurred in 1968 along the Coyote Creek segment and in 1987 along the Superstition Hills segment. • All segments of the San Jacinto fault have an average of 31% probability of rupturing between 1994 and 2024. Burnt Mountain Fault: one of several of the other Eastern Mojave Shear Zone faults. Unknown until 1992, when a ground-surface rupture occurred along a 3.1-mile-length of this fault (most likely during a large aftershock of the Landers earthquake). • Extends approximately 13 miles. • Approximately 15 miles north of La Quinta at nearest point. • Considered capable of producing a magnitude 6.0 to 6.5 earthquake. Elsinore Fault Zone: major right-lateral strike-slip fault of the San Andreas fault system in southern California. • Extends approximately 190 miles, from northern Baja California to the Los Angeles Basin. • Divided, from south to north into seven segments. • Closest Elsinore segment to La Quinta, approximately 39 miles west of La Quinta. • Probability of rupturing in a magnitude 6.7 earthquake in the next 30 years approximately 11%. 525 526 SOILS AND GEOLOGY IV-24 Seismically Induced Geotechnical Hazards Seismically Induced Ground Shaking Seismically induced ground shaking is the most potentially significant geotechnical hazard to the La Quinta area. As discussed above, large earthquakes along regional faults, including the San Andreas and San Jacinto fault zones, have the potential to generate moderate to severe ground shaking in the planning area. Factors that determine the effects of ground motion and the degree of structural damage that may occur include: • Intensity of the earthquake. • Distance between epicenter and site. • Soil and bedrock composition. • Depth to groundwater. • Presence of ridge tops (may result in higher localized accelerations). • Building design and other criteria. Local agencies use a variety of tools to assure seismic safety in structures, including the California Building Code and Unreinforced Masonry Law. These are further discussed under Mitigation of Earthquake Hazards, below. Liquefaction Liquefaction occurs when ground shaking of relative ly long duration and intensity over 0.2 g occurs in areas of loose, unconsolidated soils with relatively shallow groundwater depths (50 feet or less). The sudden increase in water pressure in pores between soil grains may substantially decrease soil shear strength. This creates a condition where soil takes on the qualities of a liquid or a semi-viscous substance. Liquefaction can result in ground settlement, ground undulation, lateral spreading or displacement, and flow failures. Structures may sink or tilt as bearing capacity decreases, causing substantial damage. Areas where both shallow groundwater and soils that are susceptible to liquefaction occur include the southeastern part of the city and the entire eastern Sphere of Influence area. Liquefaction potential in this area ranges from moderate, where groundwater is 30 to 50 feet below the surface, to high, where groundwater is found 30 feet or less below the surface. Exhibit IV-3, Seismic Hazards, shows areas of liquefaction susceptibility in the planning area. 527 SOILS AND GEOLOGY IV-25 Landslides and Rockfall Landslides and rockfall can occur when unstable slope conditions are worsened by strong ground motion caused by seismic events. Conditions that lead to landslide vulnerability include high seismic potential; rapid uplift and erosion that creates steep slopes and deeply incised canyons; folded and highly fractured rock; and rock with silt or clay layers that are inherently weak. Rockfall and rockslides are also common on very steep slopes. Landslides have been recorded after periods of heavy rainfall, and rockfall has been associated with slope failure during drier periods. Areas where development is located below hillsides, mountain slopes and steep canyon walls a re considered most susceptible to rockfall. This includes much of the Cove and the southwestern edge of the City, which is surrounded by mountains comprised of granitic rock. Exhibit IV-3, Seismic Hazards, illustrates where the highest potential exists for slope instability. Seismically Induced Settlement Seismically induced settlement can occur when strong ground shaking causes soils to become more tightly packed, collapsing pore spaces, and reducing the soil column thickness. Soils that are loose and unconsolidated, as is typical of young alluvial and wind-deposited soils, are especially subject to this risk. Fill may also be susceptible if not properly compacted during construction. Areas where these soils (mapping units Qa, Qa/Ql and Qs) pr edominate are shown on Exhibit IV-4, Geologic Map, and include much of the valley floor throughout the northern Sphere of Influence, the urban core of the City, and the eastern corporate limits and Sphere -of-Influence. 528 529 SOILS AND GEOLOGY IV-27 Seiche Seiches are standing wave oscillations (sloshing) that occur in enclosed or partially enclosed water bodies of shallow to moderately shallow depth. Seiches may occur in reservoirs, lakes, ponds, and swimming pools. Seiche waves typically associated with seismic-induced ground shaking are less than 2 feet high, although seiches over 6.5 feet have been reported. In the planning area, there are numerous lakes, ponds, and reservoirs that may be subject to seiches as a result of ground shaking. These include Lake Cahuilla, recharge basins in the southeastern portion of La Quinta, and smaller golf course lakes and detention basins. Potential damage may also occur from seiches in water storage reservoirs. Regulatory Mitigation of Earthquake Hazards The State of California enacted the Alquist-Priolo Earthquake Fault Zoning Act in 1972 to mitigate the hazard of fault rupture by prohibiting structures intended for human occupancy from being located across the trace of an active fault. It requires the State Geologist to define "Earthquake Fault Zones" along faults that show evidence of active surface displacement. The Act prohibits local jurisdictions from granting development permits for certain types of development on sites within an Earthquake Fault Zone until a geologic investigation de monstrates they are safe from surface displacements from future faulting. There are no Alquist-Priolo zoned faults in the City of La Quinta or its Sphere of Influence. The closest zoned fault is the San Andreas fault to the north of the city (also please see Exhibit IV-2, Faults and Historical Seismicity Map). The State enacted the Seismic Hazards Mapping Act (SHMA) in 1990. It addresses non-surface earthquake hazards such as strong ground shaking, liquefaction and seismically induced landslides. It is intended to minimize loss of life and property by identifying and mitigating seismic hazards. The California Geological Survey (CGS) is primarily responsible for its implementation. CGS is required to provide local governments with seismic hazard zone maps that identify areas subject to liquefaction, earthquake -induced landslides and other ground failures, also known as “zones of required investigation.” When construction projects fall within these areas, site -specific geological hazard investigations are required by the SHMA. There are currently no State-issued, official seismic hazard zone maps for La Quinta or its Sphere. 530 SOILS AND GEOLOGY IV-28 The Seismic Retrofitting and Unreinforced Masonry Law was enacted by the State in 1986, and requires all cities and counties in zones designated as Seismic Zone 4 to identify potentially hazardous unreinfo rced masonry (URM) buildings in their jurisdictions. In 2006, the City inventoried URMs and reported there were seven historic URMs in the City. Of these, five have been retrofitted in compliance with the City’s mandatory mitigation program. One was to be demolished, and one had neither been mitigated nor showe d progress towards mitigation. Both are adobe structures located on the grounds of the La Quinta Resort. The City Building Department has reported that the unmitigated URMs are vacant and are not being used. Soils There are seven types of soil units that have been mapped in the planning area: 1. Alluvial sand and gravel of the Whitewater River (Qg) 2. Windblown sand (wind-lain dune sand) (Qs) 3. Interbedded lacustrine (clay of valley areas) (Ql) 4. Alluvial deposits (sand of valley areas) (Qa) 5. Alluvial fan sand and gravel deposits (Qf) 6. Landslide deposits (Qls) 7. Quartz diorite (hard crystalline rock) (Qd) The locations of these soils in the planning area are shown on Exhibit IV- 4, Geologic Map of the Study Area. 531 532 SOILS AND GEOLOGY IV-30 Hazards Associated with Soils Landslides and Slope Instability Slope failure can occur on steep slopes, and development at their base is at risk of landslides, surficial failures, soil slip, debris flow, and/or rockfall. The planning area includes significant areas of hillside terrain, such as those associated with the Santa Rosa National Monument. Areas subject to these hazards include many of the more developed areas in the City, which are surrounded on three sides by mountains that pose rockfall hazard. Earthquakes, periods of intense rainfall, or human activities associated with construction, such as grading and blasting, can increase these hazards. Compressible Soils Compressible soils are geologically young, unco nsolidated soils of low density that tend to compress under the weight of proposed fill embankments and structures. In the General Plan area, areas most likely to contain compressible soils include: • Valley areas, which include young soil deposits associated with modern and pre-historic floodplains, including the Whitewater River, which are overlain with wind-blown deposits and alluvium; • Hillside areas, especially at the base of natural slopes, and within canyon bottoms and swales; • Deep fill embankments, normally those more than about 60 feet deep, which may compress under their own weight. Collapsible Soils Collapsible soils are associated with sediments that have recently accumulated in arid or semi-arid environments, including soils commonly associated with alluvial fan and debris flow sediments deposited during flash floods, which are typically dry and contain tiny voids. Under some conditions, significant settlement can occur rapidly, even under relatively light loads. Irrigation, especially near building foundations, or a rise in the groundwater table can lead to differential settlement of buildings or structures, causing walls and foundations to crack. In the General Plan area, this hazard may pose a localized risk where young alluvial and wind-deposited sediments occur. The La Quinta 533 SOILS AND GEOLOGY IV-31 Engineering Department has prepared a bulletin (available on the City’s website) that identifies portions of the General Plan area that are susceptible to collapsible soils. The bulletin establishes supplemental guidance for preparing site-specific geotechnical reports as they pertain to collapsible soils. Expansive Soils Expansive soils are soils containing fine-grained materials such as silts and clays in varying amounts. With changes in moisture content, clay minerals can shrink or swell, creating pressure that may affect structures or other surface improvements. In the General Plan area, soils on the valley floor include alluvial sand and gravel with fine-grained lakebed deposits such as silts and clays. Once graded, the expansion characteristics of these soils can vary widely. Engineered fills that include expansive soils near the finished surface may result in damage. Corrosive Soils Corrosive soils occur as a result of various complex electrochemical and bacteriological processes between soil and buried metallic structures, such as water mains or elements within building foundations. Reactions depend on a variety of factors, including structure type and soil characteristics. Valley areas may contain sediments that are corrosive to metallic objects, such as reinforcing steel and pipelines. Ground Subsidence Subsidence is generally caused by human activity, such as the extraction of groundwater, oil or gas in sediment-filled valleys and floodplains. Natural forces, such as earthquake movements, ca n also result in subsidence. Regional subsidence can result in earth fissures, sinkholes or depressions, and surface drainage disruption. It can cause damage to pipelines, canals, levees, wells, buildings, roadways and railroads and other improvements. In the presence of clay and silt, removal of groundwater can cause irreversible subsidence and surface fissures and cracks. The only recorded fissures in the Coachella Valley occurred in La Quinta in 1948, near the base of the Santa Rosa Mountains, at the south end of the City. Fissures and differential displacement are more likely to occur at the edge of the Valley floor, where it meets the mountains. 534 SOILS AND GEOLOGY IV-32 Monitoring conducted by the US Geological Survey (USGS), CVWD and others shows that subsidence rates in the Coachella Valley have been increasing rapidly over the past several decades. CVWD has implemented a variety of measures, such as groundwater recharge, imported water, and water conservation techniques and programs to minimize the extraction of groundwater. Erosion Erosion is influenced by a variety of factors: climate, topography, soil and rock types, and vegetation. During intense storms, high rates of erosion can occur as soil and rock in the foothills travel to the valley floor. Risk of erosion is increased by wildfires, which strip slopes of vegetation and leave them susceptible to erosion. In the planning area, canyon bottoms and areas within the valley that contain unconsolidated soils are most vulnerable. Human activities hasten natural erosion, as they remove protective vegetation, alter natural drainage patterns, and compact soils. Cut and fill slopes may be more susceptible than naturalized slopes. Development also reduces the surface area available for water to percolate, thereby increasing risk of flooding and downstream sedimentation. In La Quinta and Riverside County, development plans for new projects must incorporate temporary and permanent erosion control measures. All development projects over one ac re in size must obtain coverage under the City’s General Construction permit, which includes preparation of a Stormwater Pollution Prevention Plan (SWPPP) and Best Management Practices (BMPs) for pre -, during and post- construction erosion prevention and control. Wind Erosion Wind transports and re-deposits soil, thereby damaging land and natural vegetation. Wind erosion commonly occurs in areas that are flat and bare, dry and sandy, or in areas with loose, dry, finely granulated soil. Effects of wind erosion include soil loss and the deterioration of soil structure, dryness, loss of nutrients and productivity, air pollution, and sediment transport and deposition. 535 SOILS AND GEOLOGY IV-33 Many areas in the Coachella Valley are subject to varying levels of hazards associated with wind-blown sand. A variety of conditions that are conducive to creating and transporting sand exist in the valley, including the orientation of hill and mountain masses, nature of the bedrock, location of the Whitewater River floodplain, slope and orientation of the valley floor, and the hot, arid climate and sparse vegetation. Wind and wind-blown sand can result in damage to structures and cars, poor visibility, road closures, and general degradation of air quality. Health problems associated with wind and blowing sand include allergies and respiratory irritation, eye infections, and skin disorders. The Coachella Valley region is particularly affected by particulate matter less than 10 microns in diameter, known as PM10, that can directly irritate lung tissues and result in serious health problems. The Coachella Valley State Implementation Plan (adopted 2003) has been effective in reducing the concentration of PM10 in the valley. (Please refer to the Air Quality Element for more information on PM 10.) Except for protected areas near the base of the Santa Rosa Mountains, most of the planning area is located within an active Wind Erosion Zone. Sediments subject to erosion underlie the northern portion of t he City. Please see Exhibit IV-5, Wind Erosion Susceptibility Map. 536 537 SOILS AND GEOLOGY IV-35 PLANNING FOR THE FUTURE Local seismic and geotechnical conditions will continue to necessitate careful land use planning to protect the health and safety of residents and their property. The implementation and enforcement of regulations and guidelines such as the Alquist-Priolo Earthquake Fault Zoning act, CEQA Statutes and Guidelines, California Building Code, City zoning ordinance, and other applicable legislation will help manage hazards discussed in this Element. As development in the area continues to occur, it will be in creasingly important for the City to closely coordinate with state, regional and county agencies to update information databases of geotechnical and seismic conditions in the region. Through the development review process, the City must ensure that develop ment proposals are subject to comprehensive geotechnical and safety assessments prior to approval, and that all necessary mitigation measures are implemented. Public education will continue to be an important means to inform residents on how to reduce p otential losses from geotechnical hazards while preparing for possible future disaster scenarios. GOALS, POLICIES AND PROGRAMS GOAL GEO-1 Protection of the residents’ health and safety, and of their property, from geologic and seismic hazards. Policy GEO-1.1 The City shall maintain and periodically update an information database and maps that identify local and regional geologic and seismic conditions. • Program GEO-1.1.a: The City shall periodically confer with the California Division of Mines and Geology, Riverside County, neighboring communities, and other appropriate agencies to improve and routinely update the database. Policy GEO-1.2 The City shall continue to require that development in areas subject to rockfall, landslide, liquefaction and/or other geotechnical hazards described in this Element, prepare detailed geotechnical analyses that 538 SOILS AND GEOLOGY IV-36 include mitigation measures intended to reduce potential hazards to less than significant levels. Policy GEO-1.3 The City shall require that development in areas subject to collapsible or expansive soils conduct soil sampling and laboratory testing and implement mitigation measures that minimize such hazards. • Program GEO-1.3.a: The Building and Safety Department shall review and determine the adequacy of soils and/or other geotechnical studies conducted for proposed projects and enforce the implementation of mitigation measures. Policy GEO-1.4 The City shall require that all new structures be built in accordance with the latest adopted version of the Building Code. Policy GEO-1.5 The City shall continue to require that structures that pose a safety threat due to inadequate seismic design are retrofitted or removed from use, according to law. Policy GEO-1.6 The City shall coordinate and cooperate with public and quasi -public agencies to ensure that major utilities continue to be functional in the event of a major earthquake. • Program GEO-1.6.a: The City shall maintain working relationships and strategies between the Public Works Department, utility providers, and other appropriate agencies to strengthen or relocate utility facilities and take other appropriate measures to safeguard major utility distribution systems. RELATED GOALS As described above, this Element relates to others in this General Plan. The following Goals, and their associated policies and programs, are closely related to those of this Element. GOAL FH-1: Protection of the health, safety and welfare of the community from flooding and hydrological hazards. 539   SOILS  AND  GEOLOGY   IV-­‐37   THIS  PAGE  INTENTIONALLY  LEFT  BLANK   540    541 FLOODING AND HYDROLOGY IV-39 FLOODING AND HYDROLOGY PURPOSE The Flooding and Hydrology Element describes potential drainage and flooding hazards in the City and its Sphere of Influence, as well as the future potential for major flooding. Other General Plan elements are related to Flooding and Hydrology. The Soils and Geology Element is the most closely related, as the City’s flooding patterns are controlled by its soils and geology. Other related elements include Hazardous Materials and Circulation. The Land Use Element, by which land uses such as open space, developed areas, and essential public facilities, are designated and located is also affected by flooding issues. There are a number of State regulations and policies that require the City and local and regional agencies (including the Coachella Valley Water District and Riverside County Flood Control and Water Conservation District) to analyze and provide protection from flooding hazards in the community. The joint planning of area -wide drainage plans affecting local jurisdictions is required by Chapte r 73 of the Statutes of California (1939). Government Code Section 8401(c), also known as the Cobey - Alquist Flood Plain Management Act, mandates local government planning, adoption and enforcement of land use regulations for flood plain management. The Cobey-Alquist Act also sets forth requirements for state financial assistance for flood control measures. Mapping of areas susceptible to dam inundation is established by California Government Code Sections 8589.5 and 65302(g). BACKGROUND The desert climate of the Coachella Valley is generally characterized by mild winters and hot, dry summers. However, the proximity of mountain ranges, including the San Jacinto and Santa Rosa Mountains, and associated climatic 542 FLOODING AND HYDROLOGY IV-40 zones affect regional conditions. Flooding can result from rapid melting of mountain snowpack, as well as occasional intense thunderstorms. The latter occur most frequently during the winter months, between November and April, but may also happen as monsoon storms during the summer and early fall (July through September). Storms are generally of short duration but may result in several inches of rainfall in localized areas. Surrounding mountains average over 25 inches annually, as compared with 3 inches in the Valley, including the La Quinta plann ing area. Even when the Valley does not receive rain, runoff from mountain slopes can cause flooding, as well as mud and debris flows. Rapid rainfall can quickly saturate dry soils, impeding percolation and increasing runoff. Hydrological Conditions and Flood Hazards The valley floor is comprised of a broad, ge ntly sloping basin formed by alluvial fans which have been created from the deeply chiseled mountain canyons of the Santa Rosa Mountains, the Whitewater River floodplain, and sediments of prehistoric lakes. Much of the development in the City and its Sphere occurs on the valley floor, including that portion which lies along the base of the Santa Rosa Mountains in the western portion of the City. Flooding is a recurring, natural event. Floodplains are meant to carry excess waters during flooding. Floodplains can also be useful for a variety of human uses, such as agriculture and water supply. However, flooding becomes a hazard when man-made structures encroach into floodplains. Worldwide, floods are among the most destructive and costly of all natural disasters, resulting in more deaths per year than any other geologic hazard. There are two primary classifications of flooding that occur in the planning area: flash floods that occur a long natural or man-made channels, and sheet flooding across the valley floor. Flash floods are brief but result in high water volumes and velocities. Because mountain slopes are comprised of impervious rock, little percolation occurs, and waters collect and flow rapidly into channels on the valley floor. These flows can convey large amounts of debris including mud, sand and rock. 543 FLOODING AND HYDROLOGY IV-41 When either flood control channels do not exist, an existing channel’s capacity is exceeded, or channels are impacted by de bris or structures, storm waters travel across the valley floor, creating the condition known as sheet flow. Buildings, sidewalks, parking lots, and roadways reduce the area available for natural infiltration of storm water. Water that formerly would have been absorbed may run off if new development does not provide effective storm handling systems. Given that surrounding mountain slopes generally receive greater levels of rainfall, development downstream of canyons and at the base of mountains may be at particular risk. Stream Flow and Flood Hazard There are no perennial rivers or streams in La Quinta. Although well- defined in the mountains, on the valley floor most natural drainage channels disperse into braided, ephemeral streams and areas of shee t flow. The Whitewater River is the main watercourse in the valley. It collects a watershed of more than 1,000 square miles, draining runoff from the San Bernardino, Little San Bernardino, San Jacinto and Santa Rosa Mountains. From its source near the San Gorgonio Pass, it flows southeasterly, ultimately ending at the Salton Sea. Throughout the City, the Whitewater is conveyed through a man-made channel known as the Coachella Valley Stormwater Channel. Based on historical records collected by the Army Corps of Engineers, multiple large flood events occurred in the Whitewater River basin throughout the 1800s. There were also damaging floods throughout the 20th century, with more recent ones occurring in 1965, 1966, 1969, and 1976. Two flash floods occurred in August 2013 and September 2014, causing damages of $50,623.23 and $813,000, respectively. The maximum flood of record occurred in 1965 in the lower Coachella Valley, where flood flows exceeded 10,000 cubic feet per second (cfs). 544 FLOODING AND HYDROLOGY IV-42 Flooding is typically defined in terms of the “100-year flood.” The 100- year flood is the level of flood water expected to be equaled or exceeded every 100 years, on average. In other words, it has a one percent probability of occurring in a given year. Seismically Induced Flooding Flooding can occur when water retention and storage structures fail as a result of earthquakes. Such structures may include dams, levees, and above-ground water tanks. Dam Failure The California State Water Code, Division 3, contains safety statutes governing dams. The California Office of Emergency Services has determined that the City of La Quinta is not at risk from potential inundation from any existing dams. Levee Failure The Coachella Valley Stormwater Channel, the Coachella Canal and Lake Cahuilla are protected by levees. In the event of a severe earthquake, there is potential for lateral spreading of foundation soils. Lateral spreading is a condition where underlying soils move sidewa ys as a result of strong ground shaking (also see Soils and Geology Element) and underlying soils becoming liquefied or fractured. Under these conditions, levee systems could sustain damage or fail entirely. While there are no existing engineering analyses demonstrating the potential inundation area of the Coachella Canal or Lake Cahuilla, complete failure of these levees would impact development directly downstream. Portions of the Coachella Valley Stormwater Channel (Whitewater River) are concrete-lined and buried under sand for protection. These levees are subject to erosion as we ll as damage from strong ground shaking due to an earthquake. They are periodically maintained by CVWD. They are further discussed under Flood Control Measures, below. The portion of the Channel that passes through the City between Jefferson Street and Miles Avenue deviates from the natural watercourse. Based on flood insurance studies conducted by the Federal Emergency Management Agency (FEMA), there is potential for a “breakout” along this reach of the river during a 100 -year storm. Such a breakout could result in 50% loss of channel capacity and flooding within a portion of the City’s northeast Sphere -of-Influence, as well as in the cities of Indio and Coachella. 545 FLOODING AND HYDROLOGY IV-43 Seiching Ground shaking during earthquakes can result in seiching, or water sloshing, in open bodies of water. Lake Cahuilla, local canals, above - ground storage tanks, detention basins, and even swimming pools may be subject to seiching during earthquakes. Seiching may cause water to overtop or damage containment structures, resulting in inunda tion of downslope development. Failure of Above-Ground Storage Tanks Strong ground shaking can cause structural damage to above -ground water storage tanks, particularly where tanks are not adequately braced and baffled. Pipes leading to the tank may be sheared off and water released. The 1992 Big Bear and 1994 Northridge earthquakes led to revised design standards for steel water tanks, which now utilize flexible joints at connection points to allow for movement in all directions. Hazards associated with damage to water tanks include inundation of structures down-slope and reduction of potable water supplies for emergency services, such as fire protection. Therefore, evaluating and retrofitting tanks to ensure their structural reliability in the event of an earthquake is crucial. Water supplies in reservoirs should also be kept at or near capacity. The Coachella Valley Water District (CVWD) reports that there are ten water reservoirs in La Quinta with a total capacity of 44.3 million gallon s. All are constructed of welded steel to current seismic standards, as well as those established by the American Water Works Association. Bridge Scour Scour occurs along roadway and railroad bridges when erosion occurs and undermines foundation supports such as abutments or piers. In California, this condition is addressed through a seismic retrofit program that includes inspection of bridge underpinnings. Washington Street and Jefferson Street are the two main Whitewater River crossings in the City; these are all-weather crossings. Additionally, construction of the Adams Street bridge over the Whitewater River was completed in 2013. In addition, a bridge is to be constructed at Dune Palms to span the Channel. This will provide a fourth all-weather crossing over the channel. 546 FLOODING AND HYDROLOGY IV-44 Across the La Quinta Evacuation Channel, the Eisenhower Drive and Washington Street crossings are all-weather flood channel crossings. During and after flooding, the City inspects these crossings for scour damage. There are also three crossings over the Coachella Branch of the All - American Canal, which is used for irrigation purposes. These occu r at Avenue 50, Avenue 52, and Jefferson Street south of Avenue 52 . The Coachella Valley Water District (CVWD) strictly manages flows through the canal, and it is not used as a flood control mechanism. These crossings are expected to rema in passable during storm events; however, they should be inspected periodically. Regional Stormwater Management The Riverside County Flood Control and Water Conservation District (RCFC) is responsible for analysis and design of regional flood control structures. Regional facilities are those that collect runoff from areas outside the City, including surrounding mountains, and are managed by the Coachella Valley Water District (CVWD). CVWD is empowered with broad flood control management responsibilities, which include planning, maintenance and construction of improvements for regional facilities. In the planning area, regional facilities include the Coachella Valley Stormwater Channel (Whitewater River), the La Quinta Evacuation Channel, the Bear Creek System, the East La Quinta Cha nnel and Lake Cahuilla. Local Drainage Management The City is responsible for maintenance of local facilities, which collect and convey runoff from local streets and properties to regional channels and basins. The City has recently updated its Master Drainage Plan, which describes existing and planned local facilities. The City utilizes it to manage and document the location and condition of existing stormwater management facilities. It has also been used to obtain FEMA Letters of Map Revision for some flood areas. Flood Control Facilities The following describes major flood control facilities in the planning area. The locations of these facilities are shown on Exhibit IV-6, FEMA Flood Zones and Flood Control Facilities. 547 FLOODING AND HYDROLOGY IV-45 Whitewater River/Coachella Valley Stormwater Channel As previously discussed, the Coachella Valley Stormwater Channel is the principal drainage course in the City. Although typically dry, it may become inundated during storm events. The Channel extends approximately 50 miles with an average cross section of 260 feet. It is unlined in most locations, and portions of it are protected by levees. This watercourse generally follows the recent historical natural river path, although as noted above, it deviates from this path through a portion of the City. Levees along the stormwater channel are FEMA -classified as “Provisionally Accredited Levees,” which indicates they provide protection from the 100-year flood. CVWD was required to submit documentation demonstrating the protection capabilities of these levees to comply with requirements of Section 65.10 of National Flood Insurance Program (NFIP) regulations (Title 44, Chapter 1 of the Code of Federal Regulations). CVWD met this requirement. Bear Creek System The Upper Bear Creek System is designed to manage runoff from the Santa Rosa Mountains. The system is located along the southerly and westerly edges of the Cove and includes the Upper Bear Creek Training Dike, Upper Bear Creek Detention Basin, Bear Creek, and Bear Creek Channel. Runoff from a 1.7 square mile drainage area is diverted by the dike, which directs it along Bear Creek to the detention basin. The Basin has a storage capacity of 752 acre -feet. Outflows enter the Bear Creek Channel, an approximately 2.5-mile long channel with capacity to convey the 100-year flood. Smaller canyons also drain into the channel. Channel flows continue downstream into the La Quinta Evacuation Channel, ultimately discharging into the Coachella Valley Stormwater Channel. The City has applied to FEMA for accreditation of the training dike and is awaiting receipt of the formal accreditation letter. East La Quinta System This system is located along the southeastern edge of the Cove and is intended to collect drainage from hills east and south of Calle Bermudas. The system is comprised of the East La Quinta Channel and several detention basins. Flows are carried to the La Quinta Evacuation Channel. 548 FLOODING AND HYDROLOGY IV-46 La Quinta Evacuation Channel The La Quinta Evacuation Channel extends approximately 3.5 miles northeasterly from the Bear Creek Channel, through developed areas of the City, to the Coachella Valley Stormwater Channel. It is primarily intended to capture and transport stormwater from various flood control systems in the City. Dikes In addition to the Bear Creek Training Dike, there are several other dikes located near the base of mountains in the City. These have been constructed to protect developed areas from runoff from mountain slopes, and include three dikes constructed by the Bur eau of Reclamation: the Eastside Dike, constructed to protect the Coachella Branch of the All-American Canal; and Dike 2 and Dike 4, which total 5.2 miles south and southeast of Lake Cahuilla, respectively, and were built to protect Lake Cahuilla and lands between Avenue 58 and Avenue 66. Dike 4 is accredited by FEMA; Dike 2 is not yet accredited. 549 550 FLOODING AND HYDROLOGY IV-48 Flood Hazard Mapping The National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973 require that the Federal Emergency Management Agency (FEMA) evaluate flood hazards and provide affordable flood insurance to residents of communities wher e future floodplain development is regulated. To determine the need for and availability of federal flood insurance, FEMA has developed Flood Insurance Rate Maps (FIRMs) for many areas in the United States. The Floodplain Administrator for the City of La Quinta is the City Engineer. Data compiled for La Quinta and its Sphere of Influence are shown on Exhibit IV-6. Applicable flood zones, as shown on this map, include : • Zone A: Areas of 100-year flood where no base flood elevations or depths are shown. Requires flood insurance. • Zone AE: Areas of 100-year flood where base flood elevations or depths are shown. Requires flood insurance. • Zone AO: Areas of 100-year flood with average depths of 1 – 3 feet, generally from sheet flow on sloping terrain. Requires flood insurance. • Zone X: Areas of 500-year flood with average depth of less than 1 foot or less than one square mile drainage area; and protected by levees from 100-year flood. No base flood elevations or depths are shown. Flood insurance available, but not required. As shown on the map, areas within the planning area that are within the 100-year flood plain (Zones A, AE, or AO) include the Coachella Valley Stormwater Channel, the La Quinta Evacuation Channel, Bear Creek Channel, and detention basins, as well as golf course (The Quarry). Portions of the area north and south of the Coachella Valley Stormwater Channel, the entire Cove area, several areas south and southeast of Lake Cahuilla, and a portion of the City’s eastern Sphere of Influence are within Zone X. Land Use Planning as a Flood Control Strategy One of the most effective and direct means of controlling flooding and protecting lives and property is through land use planning. This may include designing flood control structures so that stream courses are left in a naturalized state or developed as open space for parks or golf courses. Portions of the planning area are mapped within the 100-year floodplain. Others may be subject to sheet flow where natural channels emanating from mountain streams and canyons lose definiti on on the valley floor. Restricting the type and location of structures near major drainages can 551 FLOODING AND HYDROLOGY IV-49 limit exposure of people, structures and other improvements to flood hazards and reduce potential losses. Development should be strictly limited within 100-year floodplains to uses that do not provide for human habitation. No critical facilities should be located within floodplains. The City enforces provisions for flood hazard reduction in Municipal Code Chapter 8.11 Flood Hazard Regulations. These provisions cover development permit requirements and standards of construction and standards for utilities, subdivisions and manufactured homes in special flood hazard areas. Other Flood Control Measures The Clean Water Act (CWA) was enacted in 1972 and was intended to set goals for restoring and maintaining water qua lity through reduction of point-source pollution by industry and sewage treatment facilities. A 1987 amendment further required that state s reduce runoff into waterways. The National Pollutant Discharge Elimination System (NPDES) implements these requirements by mandating the adoption of stormwater management plans and programs to reduce runoff of pollutants in storm water systems into waters of the United States. In California, the NPDES is administered by the State Regional Water Quality Control Board, which issues NPDES permits to local jurisdictions. In Riverside County, the NPDES is a joint permit system among the Riverside County Flood Control and Water Conservation District (RCFC), Riverside County, CVWD, and all Riverside County cities, including La Quinta. PLANNING FOR THE FUTURE The City of La Quinta, Riverside County, and the Coachella Valley Water District have worked closely together to proactively plan for and protect developed areas from significant flooding. Development within 100-year floodplains is limited to flood control channels, detention or retention basins, and golf courses that dually serve as retention basins. New flood control facilities should be designed to protec t other environmental resources and retain watercourses in a natural state or for use as open space, whenever feasible. Some areas of the City are still subject to localize d flooding. These hazards should be addressed through the continued enforcement of requirements for on-site retention facilities. FEMA mapping also shows areas that are considered subject to flooding from storms stronger than the 100-year storm. Moderate flood hazards are also mapped within undeveloped areas, particularly in the Sphere of 552 FLOODING AND HYDROLOGY IV-50 Influence. However, in some portions of the General Plan area, some study areas are limited, and flood zone mapping is incomplete. As a result, there are some areas outside of the mapped flood zones that are likely to be subject to flooding. The City should coordinate with FEMA and other agencies for more complete mapping to define flooding hazards. Seismic hazards could place storage tanks, lakes, detention basins, levees, dikes or other water storage or retention facilities at risk. Future planning for new development should consider the potential for flooding and continue to limit or prohibit structures in areas subject to the 100-year storm. GOALS, POLICIES AND PROGRAMS GOAL FH-1 Protection of the health, safety and welfare of the commun ity from flooding and hydrological hazards. Policy FH-1.1 The City shall monitor and update its 2009 Master Drainage Plan every 5 years, or as needed, to reflect changes in local and regional drainage and flood conditions. Policy FH-1.2 The City shall coordinate efforts to update floodplain mapping in all areas of the City, particularly those where potential flood impacts are not yet known. • Program FH-1.2.a: The City shall coordinate and cooperate with CVWD in the filing of FEMA applications to amend the Flood Insurance Rate Maps, as necessary. Policy FH-1.3 The City shall continue to implement deve lopment standards that provide for a reduction in runoff from developed lands and are consistent with local and regional stormwater management plans. • Program FH-1.3.a: New development shall continue to be required to construct on-site retention/detention basins and other necessary stormwater management facilities that are capable of managing 100-year stormwater flows. 553 FLOODING AND HYDROLOGY IV-51 Policy FH-1.4 The City shall coordinate with CVWD regarding the implementation of measures which protect bridge crossings from the scouring and erosive effects of flooding. • Program FH-1.4.a: The Public Works Department will work with CVWD to inspect bridge crossings for scour damage during and after significant flooding events. • Program FH-1.4.b: The City shall coordinate with the appropriate state agencies to participate in the state’s bridge scour inventory and evaluation program. Policy FH-1.5 The City shall coordinate with CVWD to minimize the potential for the occurrence of inundation from levee or water tank failure, including seismically induced inundation. • Program FH-1.5.a: The City shall annually request a status update from the Coachella Valley Water District of their monitoring of the structural safety of the levees around Lake Cahuilla and along the Coachella Valley Stormwater Channel and the La Quinta Evacuation Channel. • Program FH-1.5.b: The City shall annually request a status update from the Coachella Valley Water District of their monitoring of the structural integrity of above -ground water tanks and reservoirs, and where needed, the implementation of bracing techniques to minimize potential structural damage and/or failure. Policy FH-1.6 Major drainage facilities, including debris basins, reten tion/detention basins, and flood control facilities shall provide for the enhancement of wildlife habitat and community open space to the greatest extent feasible, while still maintaining their functional qualities. Policy FH-1.7 New critical facilities shall not be constructed within the boundaries of the 100-year flood plain. 554 FLOODING AND HYDROLOGY IV-52 Policy FH-1.8 Development within drainage areas and stormwater facilities shall be limited to recreational uses such as golf courses, lakes, sports or play fields, and similar uses. Policy FH-1.9 The City shall periodically monitor and update, as needed, evacuation routes to ensure safe ingress and egress for residents and emergency vehicles in the Cove and southern neighborhoods in the event of a major flood. • Program FH-1.9.a: The City shall provide maps and other information concerning evacuation routes to residents of the Cove, Riverside County Fire Department, Sheriff’s Department and other appropriate agencies. RELATED GOALS As described above, this Element relates to others in this General Plan. The following Goals, and their associated policies and programs, are closely related to those of this Element. GOAL GEO-1: Protection of the residents’ health and safety, and of their property, from geologic and seismic hazards. GOAL WR-1: The efficient use and conservation of the City’s water resources. 555 FLOODING AND HYDROLOGY IV-53 THIS PAGE INTENTIONALLY LEFT BLANK 556 557 HAZARDOUS MATERIALS IV-55 HAZARDOUS MATERIALS PURPOSE The Hazardous Materials Element addresses the potential hazards associated with the storage, use, and transport of hazardous materials in and through the City. Public safety must be addressed in the G eneral Plan, in conformance with California Government Code 65302(g). Hazardous materials represent one of the issues associated with public safety. This Element is closely related to the Emergency Services Element. The City’s first responders ensure public safety in the event of a hazardous materials spill or release. This response includes isolation, evacuation (if warranted), identification, containment and proper disposal of the hazardous materials, as well as proper notification to other agencies. It is also related to the other components of the Environmental Hazards Chapter – the Soils and Geology Element and the Flooding and Hydrology Element. Finally, the location of land uses which use, store , or transport hazardous materials ties this Element to the Land Use Element, insofar as it is important for the City to assure that sensitive land uses, such as residences and schools, are buffered from exposure to hazardous materials to the greatest exten t possible. BACKGROUND Hazardous materials are those chemicals, oils , and other substances which have the potential to be toxic. They range from fertilizers, pesticides and automotive products, to pool chemicals and chlorine products. If hazardous materials are improperly stored, used or transported, they can be released into the air, soil or water and cause harm to the City’s residents, business people and visitors. As a result, hazardous mater ials are highly regulated, particularly in commercial and industrial applications. A number of regional, State and federal agencies have responsibility for managing and regulating these materials. 558 At the federal level, the Environmental Protection Agency (EPA) has primary responsibility for the regulation of hazardous materials. The California Environmental Protection Agency and the Department of Toxic Substances Control are the primary State agencies which deal with hazardous materials. At the regional lev el, the Riverside County Department of Environmental Health monitors and regulates hazardous materials use and disposal throughout the County, including in the City and its Sphere of Influence. If contamination of a water source occurs, the Regional Water Quality Control Board has enforcement powers. The City’s Emergency Services Division, Fire and Police Departments would be called upon in the event of a spill or similar emergency relating to hazardous materials within City limits (please see the Emergency Services Element for further discussion of emergency services). In order to coordinate efforts relating to hazardous materials management, the County has developed a Hazardous Waste Management Plan (HWMP), which addresses the proper disposal, processing, handling, storage and treatment of hazardous materials. The City has also adopted the HWMP and implements it at the local level. In the City, hazardous materials are limited to small quantity generators (those generating less than 1,000 kilograms of haza rdous waste per month), ranging from individual households which store cleaning solutions and automotive products, to service stations and medical clinics, which may store or use larger quantities of hazardous materials. Household hazardous waste can be disposed of properly through Household Hazardous Waste disposal events, or at a network of “ABOP” facilities operated by the County Waste Management Department. An ABOP – or Antifreeze, Batteries, Oil, Paint – facility is located in Palm Springs and is open regularly to accept these materials, as well as electronic waste. Household Hazardous Waste disposal events are held periodically at varying locations throughout the County, including cities in the Coachella Valley. The most common commercial uses which use hazardous materials in the City are service stations, which not only use and store fuels and oils, but also operate underground storage tanks, which have the potential to contaminate soils and water supplies if not properly maintained. Other commercial users include dry cleaning operations, pool cleaning or supply stores, and automotive supply stores. Commercial and industrial users are responsible for meeting the requirements of the County Department of Environmental Health. These requirements include the proper disposal of hazardous materials through a number of licensed contractors specializing in these materials. 559 HAZARDOUS MATERIALS IV-57 In the event of a spill or leak of hazardous materials, initial response would be made by the closest fire engine company , followed by response from a dedicated Hazardous Material Response Team (HMRT). The Riverside County Fire Department operates a Hazardous Materials Team, which operates throughout the County and responds to incidents when necessary. PLANNING FOR THE FUTURE As the City and its Sphere of Influence build out, the number of hazardous materials storage and use locations is likely to increase. Further, the eastern edge of the Sphere occurs immediately adjacent to the Jacqueline Cochran Regional Airport, and commercially and industrially designated lands in that area may include businesses which store, use and transport airplane-related hazardous materials. The City’s continued participation in regional programs and coordination with County departments with responsibility for hazardous materials will be important in the future. The Cit y’s Emergency Services Division and City Hall facilities dedicated to emergency management will require expansion as population grows, to assure that the City can respond effectively to emergencies relating to hazardous materials. GOALS, POLICIES AND PROGRAMS GOAL HAZ-1 Protection of residents from the potential impacts of hazardous and toxic materials. Policy HAZ-1.1 The storage, transport, use and disposal of hazardous materials shall comply with all City, County, State and federal standards. • Program HAZ-1.1.a: Continue to coordinate with all appropriate agencies to assure that local, State and federal regulations are enforced. • Program HAZ-1.1.b: Development plans for projects which may store, use or transport hazardous materials shall continue to be routed to the Fire Department and the Department of Environmental Health for review. 560 • Program HAZ-1.1.c: The City’s Emergency Services Division shall maintain a comprehensive inventory of all hazardous waste sites within the City, including underground fuel storage tanks. Policy HAZ-1.2 To the extent empowered, the City shall regulate the generation, delivery, use and storage of hazardous materials. • Program HAZ-1.2.a: All facilities which produce, utilize, store or transport hazardous materials shall be constructe d in strict conformance with all applicable Building and Fire Codes. Policy HAZ-1.3 Support Household Hazardous Waste disposal. • Program HAZ-1.3.a: Continue to work with the County to assure regular household hazardous waste disposal events are held in and around the City. • Program HAZ-1.3.b: Educate the City’s residents on the proper disposal of household hazardous waste through the City’s newsletter and by providing educational materials at City Hall. RELATED GOALS As described above, this Element relates to others in this General Plan. The following Goals, and their associated policies and programs, are closely related to those of this Element. GOAL ES-1: An effective and comprehensive response to all emergency service needs. GOAL PF-1: Public facilities and services that are available, adequate and convenient to all City residents. 561 HAZARDOUS MATERIALS IV-59 THIS PAGE INTENTIONALLY LEFT BLANK 562 563 FIRE HAZARDS IV-61 FIRE HAZARDS PURPOSE The Fire Hazards Element identifies existing fire hazards in the planning area and describes the regulatory environment to effectively manage these hazards. This element relates to several other General Plan elements, including Emergency Services, Circulation, and Water, Sewer and Other Public Utilities. California Government Code and Public Resources Code require the inclusion of fire risk analysis in the General Plan Safety Element. Per Government Code Section 65302 (g)(3), this Element follows the advice included in the Office of Planning and Research’s most recent publication of “Fire Hazard Planning, General Plan Technical Advice Series” (May 2015). This Element sets forth goals, policies, and programs that will safely manage fire hazards in the City and Sphere of Influence, and guard the general health, safety, and welfare of the community from potential impacts associated with fire hazards. BACKGROUND Fires are generally classified into two types based on where they occur: vegetation fires and urban or structural fires. The largest land mass (53.3% of total land area) in the City is Natural and Recreational Open Space designated in the General Plan, which primarily takes up the southwestern portion of La Quinta and is also interspersed throughout the City. Other land uses include primarily residential (31.7%), commercial (4.4%), community facilities and roadways, most of which are built out with vacant infill sites. The SOI consists of mostly residential land uses (91.3%), some commercial uses (3.5%), and minimal industrial uses (<1%). Wildland Fire Hazards A wildfire is an uncontrolled fire spreading through vegetative fuels and exposing or possibly consuming structures. Wildfire is a common natural process in many of California’s ecosystems. However, they can cause harm as more development sprawls into wildland, creating wildland – urban interfaces (WUI) where wildfires pose a threat to human life and property. 564 FIRE HAZARDS IV-62 In southern California, typically mild, wet winters result in an annual growth of grasses and plants that dry out during the hot summer months. This dry vegetation provides fuel for wildfires in fall, especially when hot, dry winds blow across the region in the late fall due to Santa Ana conditions that intermittently impact the area. These conditions contribute to spreading of wildfires, which often begin unnoticed and spread quickly to burn large areas before they are contained. Although the City is not in a wilderness area, the threat of a wildland fire in or near is high due to the wildland - urban areas in and around the City. Significant development in La Quinta and surrounding areas are considered WUI, and many of these areas have experienced prolonged droughts or are excessively dry and at risk of wildfires. In addition, the Santa Ana winds can help spread wildfires in the community. Wildland fire hazards exist in varying degrees over approximately 90% of Riverside County and the City of La Quinta throughout open space, parklands and agricultural areas. The fire season extends approximately 5 to 6 months, from late spring through fall. A combination of undeveloped and rugged terrain, highly flammable brush-covered land, and long dry summers may contribute to wildfires. Structures with wood shake roofs ignite easily and produce embers that can contribute to fire spread. Post-fire hazards may include a new area of potential landslide when burned and defoliated areas are exposed to winter rains. Based on historical data from 2013 to March 2021, no wildfire occurred within the City and SOI. There were three fires near the SOI, the largest being the Shady Fire in Thermal, a vegetation fire that burned 130 acres in May 2019. The other two were Van Buren Fire (March 2014) which burned 57 acres and 54 Fire (May 2013) which burned 40 acres. The California Department of Forestry and Fire Protection (CalFire) ranks fire hazard of wildland areas of the state using four main criteria: fuels, weather, assets at risk, and level of service. As shown in Exhibit IV- 7, there are no state responsibility areas or very high fire hazard severity zones (VHFHSZ) in the City and SOI. Urban and Structural Fire Hazards The urban areas in La Quinta face the common threat of urban/structural fires as other communities. There is no unusual fire risk, fire spread risk or death and injury risk according to the Fire-Community Assessment Response Evaluation System (FireCARES), a "big data" analytical system providing information on capacity and capability of local fire departments in regard to the risk environment they are called to respond. 565 FIRE HAZARDS IV-63 The National Fire Protection Association (NFPA) defines low, medium, and high hazard structures as follows: • High-Hazard Occupancies - High-rise buildings, hospitals, schools, nursing homes, explosive plants, refineries, public assembly structures, and other high life hazard or large fire potential occupancies. • Medium-Hazard Occupancies - Apartments, offices, mercantile and industrial occupancies that may require extensive use of fire fighting forces. • Low-Hazard Occupancies - One-, two- or three-family dwellings and scattered small business and industrial occu pancies. Of the 36,762 total structures protected in La Quinta, the majority are low-hazard occupancies, with around 6,000 medium-hazard occupancies and few high- and unknown- hazard occupancies. From 2006 to 2016, the number of structure fires ranged fro m 4 to 30, and all below 20 except in 2007. Peak Water Demand and Supply The City continues to coordinate between the Fire Department and CVWD to ensure adequate water supplies for fire suppression in La Quinta. CVWD provides water services to La Quinta and has a total groundwater storage capacity of approximately 28.8 million acre-feet (one acre-foot equals 325,850 gallons) in the Whitewater River Subbasin underlying the Coachella Valley. The California Fire Code Section B105 imposes fire-flow requirements for buildings based on their size and construction type. For example, detached single -family dwellings, duplexes and townhouses with no automatic sprinkler system should have a minimum fire-flow of 1,000 gallons per minute for 1-hour duration (under 3,600 square feet calculation area). CalFire updated the 2010 Strategic Fire Plan in 2018, building on past success and lessons to coordinate Unit Fire Plans that address risks, fire protection needs, and strategies with other levels of fire plans and commun ity wildfire protection plans to provide one consistent approach. 566 567 FIRE HAZARDS IV-65 PLANNING FOR THE FUTURE As the City and SOI are built out, the community will continue to face potential fire hazards from wildfires and urban/structural fires. As discussed in detail below in the Climate Change Element, fire risks may be exacerbated by conditions such as prolong ed droughts, extreme weather including heat, and altered precipitation patterns associated with climate change. The implementation and enforcement of standard requirements such as California Building Code, California Fire Code, La Quinta Municipal Code, CEQA Statutes and Guidelines, and other applicable legislation will help manage fire hazards discussed in this Element. The City should assume the increasingly important role to closely coordinate with state, regional and county agencies to make current information and resources available to the community, and ensure adequate planning and daily operation as directed by laws and regulations. Through the development review process, the City must ensure that development proposals are reviewed by the Fire Department and incorporate adequate fire prevention measures prior to approval. GOALS, POLICIES AND PROGRAMS GOAL FIRE‐1 Protection of the community and its property from the unreasonable risk of wildfire. P olicy FIRE---1.1 The City shall minimize the exposure of the community and its property to the impacts of wildland and structural fires. • Program FIRE-1.1.a: The City shall require and enforce active vegetation management in the open space areas and urban areas. The City shall coordinate with the Fire Department and Homeowner Associations to ensure adequate maintenance of landscape and open areas and minimize potential fire hazard from overly dry or dead vegetation and debris. • Program FIRE-1.2.a: The City shall require future development in the vicinity of Moderate or Very High Fire Hazard Severity Zones to comply with Riverside County Fire Department safety recommendations for fuel modification plans and clearance/defensible space around property. 568 FIRE HAZARDS IV-66 • Program FIRE-1.3.a: The City shall adhere to the guidelines set forth in the County of Riverside Multi-Jurisdictional Local Hazard Mitigation Plan and the City’s Local Hazard Mitigation Plan. • Program FIRE-1.4.a: Through the City’s existing partnership with HERO and Ygrene, the City shall disseminate information on use of metal or tile roofing, minimum of dual-pane windows, and fire retardant materials that reduce potential risk and damage in a fire event. RELATED GOALS As described above, this Element relates to others in this General Plan. The following Goals and their associated policies and programs are closely related to those of this Element. GOAL ES‐1: An effective and comprehensive response to all emergency service needs. GOAL UTL-1: Domestic water facilities and services which adequately serve the existing and long‐term needs of the City. 569 CLIMATE CHANGE IV-67 CLIMATE CHANGE PURPOSE The Climate Change Element looks into the impacts of climate change specifically for the planning area and identifies strategies for community-wide adaptation and resilience. Planning and other efforts to reduce climate change impacts are addressed in many other General Plan elements, including Chapter II Community Development (e.g. Circulation, Housing) and Chapter III Natural Resources (e.g. Air Quality, Energy and Mineral Resources). California Government Code Section 65302(g)(4) requires the Safety Element to address climate adaptation and resiliency strategies applicable to the city upon the next revision of a local hazard mitigation plan on or after January 1, 2017. This Element utilizes existing data and projections to assess risks to the community, current and future needs and available resources, and considers advice provided in the Office of Planning and Research’s General Plan Guidelines to identify goals, policies and programs to build an adaptive and resilient community under climate change. BACKGROUND Climate change is an umbrella te rm for local, regional, and global climate-related changes associated with a drastic increase in greenhouse gas content in the atmosphere, most notably carbon dioxide since 1950. The most prominent phenomena of climate change include an overall warming trend especially in the past 40 years, reduction in ice sheets and glaciers, decreased snow cover, sea level rise, and extreme weather events. California is most impacted in the following areas: altered precipitation patterns that contribute to prolonged droughts, extreme weather including intense heat and storms, more frequent wildfire and related hazards. As characterized in the Air Quality Element, La Quinta, as part of Coachella Valley, is in a California low desert climate with intense dry heat in summer with very rare storms and occasional rainfall in winter. 570 CLIMATE CHANGE IV-68 Hazards associated with climate change facing the community are mainly extreme summer heat, wildfire, and those tied to precipitation patterns such as drought, flood, and wildfire. Temperature Average Temperature The annual average maximum temperature is projected to increase despite variations throughout this century. The historical record from 1950 to 2005 did not show much change, starting at 87.7 °F (1950), with a high of 88.1 °F (1989), and ending in 86.6°F (2005). In this century, different models project the annual average maximum temperature to increase between 3 to 9.1°F under the scenario of emissions peak around 2040, then decline. Currently, the annual average maximum temperature for La Quinta is approximately 84°F. It will rise to 89.1°F in 2040 for average modeled projections. Local temperature has been recorded to go as high as 123°F and as low as 13°F since the 20th century. Extreme Summer Heat Extreme heat hazards can take the form of single extreme heat days or heat waves. When coupled with power outage, heat conditions can pose an imminent danger to residents, such as dehydration and heat stroke. According to the Cal-Adapt Tool used to gather data for this Element, an extreme heat day is defined as a day in a year when the daily maximum/minimum temperature exceeds the 98th historical percentile of daily maximum/minimum temperatures based on observed historical data from 1961–1990 between April and October. This threshold is 110.9°F for the City of La Quinta. While there is no universal definition of a heat wave, Cal-Adapt Tool defines a heat as a period of 4 consecutive extreme heat days or warm nights when the daily maximum/minimum temperature is above the extreme heat threshold. Similar to the annual average maximum temperature, the number of heat days in a year shows an overall increasing trend despite year -to- year variations (Exhibit IV-8). As described in the Emergency Services Element, the City undertakes proactive hazard management through its Local Hazard Mitigation Plan (LHMP, updated in 201 7) and participation in the Riverside County’s LHMP. La Quinta participates with the Riverside County Office of Emergency Services plan for extreme heat conditions and has a cooling station located at the La Quinta Wellness Center on 78450 Avenida La Fonda. 571 572 CLIMATE CHANGE IV-70 Precipitation Across the state of California, there are wet and dry years. Research suggests that wet years will likely become wetter, and dry years will become drier and occur in consecutive years, potentially leading to drought. Precipitation patterns will shift towar d more intense storms with a shorter wet season, which is already seen in some areas with larger year to year fluctuations. This may impact snow packs, an important source for much of the state’s surface water. Altered, irregular precipitation patterns may contribute to drought, flood, and even wildfire hazards. Combined with temperature change, more natural and human processes may be affected such as growth season and spread of infectious diseases. La Quinta had an average rainfall of 4.2 inches durin g 1961 to 1990, which is 93 percent less than the average in California. Similar to the overall state trend, La Quinta is not expected to see any significant changes in average annual precipitation in the next 50-75 years. The annual average precipitation is modeled to increase between 0.044 to 0.047 inches in mid-century (2035-2046), and 0.053 to 0.080 inches in end-century (2077-2099) under different emission scenarios. While this would not have a significant impact on La Quinta due to groundwater as the predominant water source, it is critical to conserve water and design adequate drainage and flood control systems to prepare for unexpected events. Wildfire Many factors come into play for the frequency, severity and impacts of wildfires, such as development patterns, temperature increases, precipitation change, wind patterns and pest infestations. While it is hard to project the location and progress of fires, the model results show how factors influencing risk of wildfires will change and thus help estimate how fire risk will change. As seen in recent years, much of California will be exposed to higher risk of wildfire, and an earlier, longer fire season with more extreme fire events. Similar to the state-wide trend, La Quinta may also face increased risk to wildfire. Change in precipitation patterns may affect vegetation growth, and can create more fuel load when heat and drought happen at the same time and further dry plants. As described above in the Fire Hazards Element, the City should monitor the vast open areas to reduce potential fire risks. Wildfires from nearby cities and communities can also pose health hazards to La Quinta residents due to exposure to smoke. Smoke from wildfires contain such substances as carbon monoxide, hydrocarbons and other organic chemicals, nitrogen oxides, 573 CLIMATE CHANGE IV-71 trace metals, and fine particulate matter that may cause both acute and chronic health impacts in a large population. Smoke may cause eye irritation, compromise of respiratory system, and the greatest impacts to people with chronic heart and lung disease, including asthma, with age being a complicating risk factor. Please see Fire Hazards Element above for more details regarding wildfire in La Quinta. Local Hazard Mitigation Plan The City maintains a Local Hazard M itigation Plan (LHMP) in a five-year update cycle, which identifies hazards and vulnerabilities, provides mitigation strategies, and coordinates all institutions for disaster mitigation planning and actions within the City. The LHMP was last updated in 2017, and identified specific hazards including earthquake, flood, extreme weather, and drought. The City establishes procedures and responsibilities for City personnel in its adopted Emergency Operations Plan (EOP), including planning and designation of evacuation routes under different scenarios. The EOP is available on the City’s website under Emergency Management and described in detail in the General Plan Emergency Services Element. The City also participates in the County of Riverside Multi-Jurisdictional Local Hazard Mitigation Plan (LHMP), which was updated in 2017. Similar to the local LHMP, the County LHMP identifies and evaluates the County’s hazards and vulnerabilities and provides mitigation actions based on resources available in the County. The County LHMP consists of the Riverside County Operational Area Plan and the individual Annexes, including the City of La Quinta LHMP that are linked to the Operational Area Plan, other County plans including the General Plan, and the State Hazard Mitigation Plan. The County LHMP identified main hazards in the County similar to those faced by La Quinta, and provided ongoing mitigation strategies specifically for earthquake, flood, and fire as well as all hazard strategies. PLANNING FOR THE FUTURE Science and research on climate change, especially understanding and projecting the impacts on regional and local levels, are constantly evolving. The City shall take an active role in coordinating with all levels of government agencies to keep current information and projections on climate change. The City shall feed these into policy making and review the adaptation and resiliency strategies on a timely basis. 574 CLIMATE CHANGE IV-72 It will gradually become normal for the City to consider reducing, mitigating, and adapting to climate change in nearly all aspects of planning and operation in the community. By keeping up with the current science and legislation on the regulatory side, the City is on track to prepare the community for a changing climate. It is also vital to inform, educate, and engage the public to maximize individual efforts and benefit the community and beyond, such as water and energy conservation measures discussed in other General Plan Elements. GOALS, POLICIES AND PROGRAMS GOAL CLI‐1 Protection of the health, safety and welfare of the community through building adaptation and resiliency to climate change. Policy CLI---1.1 The City shall identify and assess population vulnerabilities to the impacts of climate change and related hazards in the City. • Program CLI-1.1.a: The City shall incorporate a full vulnerability assessment in its next update (2022) of the Local Hazard Mitigation Plan (LHMP) according to Phase 2 of the California Adaptation Planning Guide. Information should be gathered during annual monitoring and update of the LHMP in this five- year cycle. • Program CLI-1.1.b: The City shall review and circulate findings of the vulnerability assessment with applicable City departments to carry out necessary actions to protect the vulnerable populations, assets, and functions. Policy CLI---1.2 The City shall develop new strategies, or modify and update existing strategies within its regulatory capabilities in response to the impacts of climate change and related hazards. • Program CLI-1.2.a: The City shall review the latest publications and regulations on climate change adaptation to inform future policy making, including maintenance of the Emergency Operations Plan, Local Hazard Mitigation Plan update, and General Plan/Specific Plans and updates. 575 CLIMATE CHANGE IV-73 • Program CLI-1.2.b: During development review process, avoid new development that increase the risk to climate-related hazards, or redevelopment that worsens the existing vulnerability as identified in the LHMP, General Plan, CEQA or other regulatory documents. P olicy CLI---1.3 The City shall conduct effective communication on climate change adaptation to reach all segments of the community and encourage active participation at all levels. • Program CLI-1.3.a: Consider disseminating current information and/or key updates on climate change adaptation on the City website such as under Local Resources, during the annual community workshop, and other local events including farmer’s market. • Program CLI-1.3.b: Ensure a sound and effective emergency communication system as planned in the LHMP and Emergency Operations Plan, and consider new media streams such as widely used mobile applications by the community. RELATED GOALS As described above, this Element relates to others in this General Plan. The following Goals and their associated policies and programs are closely related to those of this Element. GOAL ES‐1: An effective and comprehensive response to all emergency service needs. GOAL FH-1: Protection of the health, safety and welfare of the community from flooding and hydrological hazards. GOAL FIRE‐1: Protection of the community and its property from the unreasonable risk of wildfire. GOAL SC‐1: A community that provides the best possible quality of life for all its residents. GOAL EM-1: The sustainable use and management of energy and mineral resources. 576 CLIMATE CHANGE IV-74 NOISE ........................................................................................................... 1 SOILS AND GEOLOGY ............................................................................... 19 FLOODING AND HYDROLOGY ................................................................. 39 HAZARDOUS MATERIALS........................................................................ 55 FIRE HAZARDS .......................................................................................... 61 CLIMATE CHANGE .................................................................................... 67 Table IV-1 Existing 24-Hour Noise Levels at Monitored Locations .......... 5 Table IV-2 Existing Short-Term Noise Levels ............................................ 6 Table IV-3 Land Use Compatibility for Community Noise Environments 8 Table IV-4 Build Out Noise Levels .............................................................. 9 Exhibit IV-1 Airport Noise Contours ......................................................... 13 Exhibit IV-2 Faults and Historical Seismicity Map ................................... 23 Exhibit IV-3 Seismic Hazards Map .......................................................... 26 Exhibit IV-4 Geologic Map of the Study Area ........................................ 29 Exhibit IV-5 Wind Erosion Susceptibility Map ........................................ 34 Exhibit IV-6 FEMA Flood Hazard Zones Map ......................................... 47 Exhibit IV-7 Fire Hazard Severity Zones Map .......................................... 64 Exhibit IV-8 Number of Extreme Heat Days per Year to 2100 ............... 69 577 STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 2020 W. El Camino Avenue, Suite 500 Sacramento, CA 95833 (916) 263-2911 / FAX (916) 263-7453 www.hcd.ca.gov Danny Castro, Director Design and Development Department City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Dear Danny Castro: RE: City of La Quinta’s Revised 6th Cycle (2021-2029) Draft Housing Element Thank you for submitting the City of La Quinta’s revised draft housing element update received for review on September 27, 2021. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a conversation on November 22, 2021 with Planning Manager Cheri Flores, and the City’s consultant Nicole Criste. The draft element addresses many statutory requirements described in HCD’s July 9, 2021 letter; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code). The enclosed Appendix describes revisions needed to comply with State Housing Element Law. The City’s statutory deadline to adopt a housing element was October 15, 2021. For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of this statutory deadline, then any rezoning to accommodate the regional housing needs allocation (RHNA), including for lower-income households, shall be completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i). Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available while considering and incorporating comments where appropriate. November 23, 2021 ATTACHMENT 1 578 Danny Castro Page 2 Pursuant to Government Code section 65583.3, subdivision (b), the City must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/community- development/housing-element/index.shtml#element for a copy of the form and instructions. The City can reach out to HCD at sitesinventory@hcd.ca.gov for technical assistance. Please note, upon adoption of the housing element, the City must submit an electronic version of the sites inventory with its adopted housing element to sitesinventory@hcd.ca.gov. Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City meets housing element requirements for these and other funding sources. For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the County to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at: http://opr.ca.gov/docs/OPR_Appendix_C_final.pdf and http://opr.ca.gov/docs/Final_6.26.15.pdf. HCD appreciates the hard work and dedication of Planning Consultant, Nicole Criste, in preparation of the City’s housing element. If you have any questions or need additional technical assistance, please contact Tristan Lanza, of our staff, at tristan.lanza@hcd.ca.gov. Sincerely, Senior Program Manager Paul McDougall 579 City of La Quinta’s Revised 6th Cycle (2021-2029) Draft Housing Element Page 1 November 24, 2021 APPENDIX CITY OF LA QUINTA The following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code. Housing element technical assistance information is available on HCD’s website at http://www.hcd.ca.gov/community-development/housing-element/housing-element-memos.shtml. Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at http://www.hcd.ca.gov/community-development/building-blocks/index.shtml and includes the Government Code addressing State Housing Element Law and other resources. A. Review and Revision Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).) While the revised element referenced the programs serving the special needs populations in the 5th cycle, it did not an provide an explanation of the effectiveness of goals, policies, and related actions in meeting the housing needs of those populations. B. Housing Needs, Resources, and Constraints 1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction (Gov. Code, § 65583, subd. (c)(10)(A)) Racial/Ethnic Areas of Concentration of Poverty (R/ECAP): While the element identifies a R/ECAPs in the City, the element must include analysis of the area such as trends, conditions and past efforts and their effectiveness in combination with concentrated areas of affluence. Displacement: While the element provides the overall rate of overcrowding, it must also include an analysis of patterns and trends at a local and regional level and address displacement risks. Site Inventory: While the element has an analysis of sites in relation to affirmatively furthering fair housing (AFFH), the element must contain an identification and evaluation of sites relative to the full scope of assessing fair housing ( e.g., segregation and integration, racially and ethnically concentrated areas of poverty and affluence, disproportionate access to opportunity), the site inventory must contain an identification and analysis of selected sites with accompanying maps that indicated the number of projected units for each site and represent the assumed affordability (i.e., lower, 580 City of La Quinta’s Revised 6th Cycle (2021-2029) Draft Housing Element Page 2 November 24, 2021 moderate and above moderate) with an evaluation of each site to socio-economic patterns. This analysis should cover all income levels and assess the extent to which projected development of sites will wither further exacerbate or further ameliorate existing patterns of segregations and/or exclusion of members of protected classes. Goals, Priorities, Metrics, and Milestones: The element must be revised to add or modify goals and actions based on the outcomes of a complete analysis as listed above. Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have specific commitment, metrics and milestones as appropriate and must address housing mobility enhancement, new housing choices and affordability in high opportunity areas, place-based strategies for community preservation and revitalization and displacement protection. Please see HCD’s AFFH memo for more information: https://www.hcd.ca.gov/community-development/affh/docs/affh_document_final_4-27- 2021.pdf#page=23. 2. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).) Approved Projects: The revised element states that Sites 15-20 (p. 142), and Site 10 (p. 147) are part of approved housing projects but does not include information on those projects, including when they were entitled, if any additional entitlements are needed prior to completion or when construction is expected to be completed. In addition, Table II-50 appears to indicate that these are vacant sites available for development. The element should clarify the status of these sites and clearly indicate if these sites have projects that have approvals. A complete site inventory on the forms developed by HCD mentioned above will assist in this analysis. Sites Inventory: The revised draft element provides data on the City’s site inventory in Table II-50. However, the data is insufficient to determine the adequacy of all sites since the inventory aggregates available sites by Map Keys and APNs. The inventory must provide a parcel listing of sites by APN, along with parcel size, zoning, general plan designation, describing existing uses for any nonvacant sites and include a calculation of the realistic capacity of each site. Lot Consolidation: The revised draft element now include analysis relative to the consolidation of city-owned sites within the inventory. However, it does not include analysis for those non city-owned sites that are identified to accommodate the need for lower- income comprised of multiple parcels (e.g. Site 1,2,7,9 and 11). For example, the analysis should describe the City’s role or track record in facilitating small-lot consolidation by affordability level, policies or incentives offered or proposed to encourage and facilitate lot 581 City of La Quinta’s Revised 6th Cycle (2021-2029) Draft Housing Element Page 3 November 24, 2021 consolidation, conditions rendering parcels suitable and ready for redevelopment, recent trends of lot consolidation, and information on the owners of each aggregated site. Affordable Housing Overlay (AHO): The revised element states that the Affordable Housing Overlay will be applied at densities up to 30 units per acre on the sites listed in Table II-50. While the element describes an Affordable Housing Overlay which allows affordable housing at higher densities within commercial zones. To demonstrate the adequacy of the AHO, the element must include a complete description and analysis of the Overlay, including affordability requirements and development standards. The elements must also clarify if the 30 units per acre is considered the base density for purposes of calculating density bonus and demonstrate the appropriateness of proposed development standards and incentives to encourage and facilitate the development of housing affordable to lower- income households. Zoning for a Variety of Housing Types (Emergency Shelters): While the element states that emergency shelters are permitted by-right in all nonresidential districts except Village Commercial, it does require an approval of a site development permit. It is unclear whether site development permit process is considered a discretionary permit. The element must analyze this process for consistency with the Government Code section 65583, subdivision (a)(4), where zoning must allow emergency shelters as a permitted use without discretionary action. C. Housing Programs 1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element through the administration of land use and development controls, the provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions. (Gov. Code, § 65583, subd. (c).) The revised element did not address this finding. The element must provide discrete timing for all programs (e.g., month and year) to account for how often the action will occur as well as to ensure a beneficial impact in the planning period and quantify objectives where feasible. Please see the prior review for additional information. 2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built 582 City of La Quinta’s Revised 6th Cycle (2021-2029) Draft Housing Element Page 4 November 24, 2021 housing, mobilehomes, housing for agricultural employees, supportive housing, single- room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).) As noted in Finding B2, the element does not include a complete site analysis, therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows: Program 3.1.a: The revised element now indicates that to demonstrate the adequacy of the zoning for sites to accommodate the lower-income RHNA, the Affordable Housing Overlay (AHO) will be applied to the sites on Table II-50. However, as this program is addressing a shortfall of adequate sites to accommodate the RHNA for lower, it must commit to meet all the requirements of GC. 65583.2, subdivisions (h) and (i). D. Public Participation Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583, subd.(c)(8).) The draft element includes a revised summary of the public participation process (p. 30), which now states that the city held an additional study session on the housing element. However, it does not demonstrate that diligent efforts were made to involve all economic segments of the community in the development of the housing element, especially low- and moderate-income groups, nor does it address the availability of materials in multiple languages, surveys, or other efforts to involve such groups and persons in the element throughout the process. In addition, the revised element now states that “comments and questions led to amendments and additions to policies and programs” (p. 30) but does not summarize what those comments were and how they were incorporated. 583 City of La Quinta Amendments to 2nd Draft Housing Element December 27, 2021 Page 1 of 12 A. Review and Revision While the revised element referenced the programs serving the special needs populations in the 5th cycle, it did not an provide an explanation of the effectiveness of goals, policies, and related actions in meeting the housing needs of those populations. As described in the evaluation of Policies and Programs below, the City continued to assist households with special needs, including seniors, disabled residents and persons experiencing homelessness (see evaluation of Policies 5.3, 5.4 and 5.5; and Programs 4.4.b, 5.5.a, and 5.5.b below). These programs resulted in benefits to these special needs populations, including the furtherance of programs by housing homeless residents at the Coral Mountain apartments; through CVAG’s regional housing efforts for Coachella Valley homeless persons; and by the major rehabilitation and new units provided for seniors and disabled seniors at the Washington Street apartments. The policies and programs were very effective in assisting special needs populations. B. Housing Needs, Resources and Constraints Note: Finding B.1. relating to AFFH will be responded to separately. This section addresses the items in finding B.2. only. Approved Projects: The revised element states that Sites 15-20 (p. 142), and Site 10 (p. 147) are part of approved housing projects but does not include information on those projects, including when they were entitled, if any additional entitlements are needed prior to completion or when construction is expected to be completed. In addition, Table II-50 appears to indicate that these are vacant sites available for development. The element should clarify the status of these sites and clearly indicate if these sites have projects that have approvals. A complete site inventory on the forms developed by HCD mentioned above will assist in this analysis. Finally, sites 15 through 20 are provided to accommodate above moderate income households. These sites are all located in existing approved communities or tract maps, and require only residential building permits to proceed to construction. Sites Inventory: The revised draft element provides data on the City’s site inventory in Table II-50. However, the data is insufficient to determine the adequacy of all sites since the inventory aggregates available sites by Map Keys and APNs. The inventory must provide a parcel listing of sites by APN, along with parcel size, zoning, general plan designation, describing existing uses for any nonvacant sites and include a calculation of the realistic capacity of each site. ATTACHMENT 2 584 City of La Quinta Amendments to 2nd Draft Housing Element December 27, 2021 Page 2 of 12 Table II-1 Vacant Land Inventory Map Key APN Acres Existing GP Existing Zoning Projected Density Projected Yield Very Low, Low and Moderate Income Sites 1 646-070-016 13.84 MHDR RMH (AHO) 20 280 2 770156007770- 156-007, 770- 156-010, 770- 181-009 0.230.98 VC VC 14 144 770156010 0.39 VC VC 14 5 770181009 0.36 VC VC 14 5 3 (City Owned) 773078005773- 078-005, 773- 078-006, 773- 078-007, 773- 078-016, 773- 078-017, 773- 078-034 0.111.68 MC/VC MC/VC 14 81 773078006 0.11 MC/VC MC/VC 14 1 773078007 0.11 MC/VC MC/VC 14 1 773078016 0.12 MC/VC MC/VC 14 2 773078017 0.12 MC/VC MC/VC 14 2 773078034 1.11 MC/VC MC/VC 14 1 7 604-032-042 1.88 MHDR RMH 12 22 8 (City Owned) 600-030-010, 600-030-012, 600-030-024 2.72 of 11.29 MHDR RMH 19 52 9 600-390-024 15.14 CG CP/CR 18 273 10* 600080001600- 080-001, 600- 080-002, 600- 080-003, 600- 080-004, 600- 080-005, 600- 080-006, 600- 080-007, 600- 080-008, 600- 080-009, 600- 080-041 0.194.13 MHDR RM 10 422 600080002 0.19 MHDR RM 10 2 600080003 0.19 MHDR RM 10 2 600080004 0.19 MHDR RM 10 2 600080005 0.19 MHDR RM 10 2 600080006 0.19 MHDR RM 10 2 Formatted Table 585 City of La Quinta Amendments to 2nd Draft Housing Element December 27, 2021 Page 3 of 12 Table II-1 Vacant Land Inventory Map Key APN Acres Existing GP Existing Zoning Projected Density Projected Yield 600080007 0.19 MHDR RM 10 2 600080008 0.19 MHDR RM 10 2 600080009 0.21 MHDR RM 10 2 600080041 2.4 MHDR RM 10 24 11 643-020-025 4.81 CG CR 26 126 12* 600340050600- 340-050, 600- 340-051 4.4617.47 MHDR RM 8 14036 600340051 13.01 MHDR RM 8 104 13 (City Owned) 600-020-057 6.42 CG CR 18 116 Total Very Low, Low and Moderate Income Sites 1,072 *Moderate income site Above Moderate Income Sites Acres Existing GP Existing Zoning Projected Density Projected Yield 15 Various 40.76 LDR/OS-R RVL/PR 3 90 16 Various 37.43 LDR RL/PR 3 60 17 Various 29.56 LDR RL 3 94 18 Various 20.72 LDR RL 3 57 19 Various 33.07 LDR RL 3 85 20 Various 28.76 LDR RL 3 70 Total Above Moderate Sites 456 Total All Sites 1,528 Lot Consolidation: The revised draft element now include analysis relative to the consolidation of city-owned sites within the inventory. However, it does not include analysis for those non city-owned sites that are identified to accommodate the need for lower-income comprised of multiple parcels (e.g. Site 1,2,7,9 and 11). For example, the analysis should describe the City’s role or track record in facilitating small-lot consolidation by affordability level, policies or incentives offered or proposed to encourage and facilitate lot consolidation, conditions rendering parcels suitable and ready for redevelopment, recent trends of lot consolidation, and information on the owners of each aggregated site. Site 2 consists of three small lots in the Village, on Desert Club Drive. The three lots have been approved for 14 apartments which are to be affordable to moderate income households. The three lots may be merged by the owner, but can proceed as three lots Formatted Table Commented [NC1]: Per email of 12.22.21, only site 2 has been addressed, because 1, 7, 9 and 11 are all single lot sites. 586 City of La Quinta Amendments to 2nd Draft Housing Element December 27, 2021 Page 4 of 12 without further City processes. The owner has been finalizing building plans and construction is expected in 2022. As shown in Table III-49, market rental rates in the City are affordable to moderate income households. Therefore, these units have been included for moderate income households. Affordable Housing Overlay (AHO): The revised element states that the Affordable Housing Overlay will be applied at densities up to 30 units per acre on the sites listed in Table II-50. While the element describes an Affordable Housing Overlay which allows affordable housing at higher densities within commercial zones. To demonstrate the adequacy of the AHO, the element must include a complete description and analysis of the Overlay, including affordability requirements and development standards. The elements must also clarify if the 30 units per acre is considered the base density for purposes of calculating density bonus and demonstrate the appropriateness of proposed development standards and incentives to encourage and facilitate the development of housing affordable to lower- income households. In the past, the City has applied the Affordable Housing Overlay to specific inventory sites which were zoned for non-residential uses. This strategy is being modified (see Program 3.1.a) to apply to all inventory sites, and to increase the AHO density to 30 units per acre, even though, as demonstrates above, affordable housing projects in the region are being built at lower densities. The 30 unit per acre density will be the base on which density bonus provisions will be applied, as described in Program 3.1.a. Units built using the AHO must be affordable to lower income households, unless they are identified as moderate income sites in Table II-50. As provided in Program 3.1.a, the AHO will allow three story construction (consistent with the existing High Density Residential Zone), and shall be analyzed to assure that development standards are sufficient to allow the 30 unit per acre density.  Program 3.1.a: All properties listed in the Affordable Housing Inventory for extremely low, very low and low income units shall have the Affordable Housing Overlay applied. Further, the AHO text shall be amended to allow 30 units per acre. and to allow 3 story development. The analysis that accompanies the Zone text amendment shall demonstrate that the development standards being applied to the AHO, including setbacks, height and parking requirements, allow a density of 30 units per acre. Consistent with Government Code Section 65583.2(h) and (i), the AHO will permit owner-occupied and rental multifamily residential use by right for developments in which at least 20 percent of the units are affordable to lower income households during the planning period. These sites shall be zoned with minimum density and development standards that permit at least 16 units per site.  Timing: 2021-2022October 2022 for Zoning Map and text amendments Formatted: Normal, Indent: Left: 0.5", Hanging: 0.5" 587 City of La Quinta Amendments to 2nd Draft Housing Element December 27, 2021 Page 5 of 12  Funding Source: General Fund  Responsible Agency: Planning Division Zoning for a Variety of Housing Types (Emergency Shelters): While the element states that emergency shelters are permitted by-right in all nonresidential districts except Village Commercial, it does require an approval of a site development permit. It is unclear whether site development permit process is considered a discretionary permit. The element must analyze this process for consistency with the Government Code section 65583, subdivision (a)(4), where zoning must allow emergency shelters as a permitted use without discretionary action. The City’s zoning permits emergency shelters by right in all nonresidential districts except Village Commercial. The non-residential zones, including Neighborhood Commercial, Community Commercial and Regional Commercial, are all located on major arterial roadways, and close to transit stops. This allows for easy access to services and transport. Emergency shelters proposed in an existing building would require no permitting other than building permits for tenant improvements (if any). If an emergency shelter were to be proposed as a new building, it would be subject to approval of a Site Development Permit, which would be approved by either the Director or the Planning Commission (Director approval is allowed for buildings under 10,000 square feet on pads within existing commercial centers). The Site Development Permit consists of a review of site plan and building design to assure compliance with the City’s development standards. A Site Development Permit, therefore, does not affect the use proposed, and emergency shelters are permitted by right. The findings for a Site Development Permit require consistency with the General Plan and Zoning Ordinance; conformance with CEQA; and compatibility of site design, landscaping and architecture to surrounding buildings. The Site Development Permit addresses only zoning standards, and does not address land use. Therefore, the use of the building is not considered, and the permit is based on an analysis of setbacks, building heights and parking spaces. There are no parking requirements for emergency shelters. Program H-5.4.b. has been added to assure that emergency shelters are added to the parking table, and that parking only be required for employees. There are over 380 acres of vacant commercial land in the City (Land Use Element, Table II-3). Transitional shelters for homeless persons or victims of domestic abuse are conditionally permitted in Regional Commercial and Major Community Facilities zoned districts. C. Housing Programs The revised element did not address this finding. The element must provide discrete timing for all programs (e.g., month and year) to account for how often the action will occur as well as to ensure a beneficial impact in the planning period and quantify objectives where feasible. Please see the prior review for additional information. 588 City of La Quinta Amendments to 2nd Draft Housing Element December 27, 2021 Page 6 of 12 Note: The programs that were date-sensitive have been revised as shown below. Programs that are not date-sensitive, such as ongoing programs or programs that are tied to projects being submitted have not been amended. Program 1.1.a: To address the City’s RHNA allocation for extremely low income households, 15% of units on the City’s land on Highway 111 (site #13) will be assigned to extremely low income households. The City shall negotiate very low income units for all other projects on sites identified in the Vacant Land Inventory (Table II-50) individually to reach the target of 210 units during the planning period.  Timing: June 2025 for Highway 111 project, as projects are constructed for additional units  Funding Source: Private Funding, Tax Credit Financing, Other sources as identified  Responsible Agency: City Manager’s Office/Housing Program 1.1.b: The City will merge its parcels in the Village (as listed in Table II-51) to facilitate the consolidation of these lots for sale through the Surplus Land Act.  Timing: 2022-23June 2023 for lot mergers. 2023-June 2024 for RFPs and land sales.  Funding Source: General Fund  Responsible Agency: City Manager’s Office/Housing Program 1.1.c: To encourage the development of housing for extremely low, low and special needs residents, the City will develop a program of incentives for the subdivision of larger sites, to include application fee waivers, DIF fee reductions and expedited processing. The City will contact the owners of the three sites listed in Table II-50 and encourage that they subdivide the land and take advantage of the City’s incentive program.  Timing: 2021-June 2022 for development of program. 2022-June 2023 for initial contacts with land owners, and annually thereafter.  Funding Source: General Fund  Responsible Agency: Planning Division, City Manager’s Office/Housing Program H-2.1.a: Accessory Dwelling Units (ADU) The City will modify its Zoning Ordinance to comply with State law regarding ADUs and JADUs and provide for the reduced parking standards, setbacks and other incentives included in the law. The City shall establish a program to encourage the building of ADUs and JADUs, and monitor their development to gauge if they are affordable alternatives for housing. The program will include tracking annual permits, an annual survey of rents 589 City of La Quinta Amendments to 2nd Draft Housing Element December 27, 2021 Page 7 of 12 in ADUs, and whether any ADUs are accepting housing subsidy or restricting their units to very low or low income households.  Timing: Zoning amendments 2021-June 2022. Monitoring program beginning with fiscal year 2022-June 2023.  Funding Source: General Fund  Responsible Agency: Design and Development Department Program H-2.1.b: City-owned Lots Aggressively pursue development of the City’s central-city properties (sites 8 and 13) to generate up to 168 units of extremely low, very low and low income units on these parcels. To implement this program, the City will establish a schedule for Requests for Proposals and include incentives. These incentives may include elimination of Development Impact Fees, financial assistance in the form of land contributions, and density bonuses as provided in the Zoning Ordinance. In addition, the City will consider affordable housing for other City-owned lots in the Village when marketing the land for development, including mixed use projects that combine retail and residential uses. Wherever possible, include 15% affordable units in these projects  Timing: Annually, beginning with fiscal year 2022/June 2023.  Funding Source: General Fund  Responsible Agency: City Manager’s Office/Housing Program H-2.1.c: Creative Housing Solutions In order to expand the variety of housing options for extremely low and low income households in the City, study, research and pursue the amendments to the Zoning Code and subdivision ordinance that would be required to allow creative housing solutions, including “tiny homes,” prefabricated or “kit” homes, shipping container conversions, and other options available in the market as they arise. Present the findings of the research to the Planning Commission and Council for their consideration.  Timing: Research 2023/June 2024. Planning Commission and City Council Study Session no later than 2024-June 2025.  Funding Source: General Fund  Responsible Agency: Design and Development Department Program H-2.2.a: Density Bonus Amendments Revise the Zoning Ordinance to ensure compliance with Assembly Bill (AB) 2345 as it pertains to Density Bonus requirements.  Timing: 2021-June 2022 regular Zoning Ordinance update 590 City of La Quinta Amendments to 2nd Draft Housing Element December 27, 2021 Page 8 of 12  Funding Source: General Fund  Responsible Agency: Design and Development Department Program H-2.3.b: Mixed Use in the Highway 111 Corridor In order to take advantage of the high density residential permitted in the Mixed Use overlay, develop a menu of incentives, including reduction in development fees, density bonuses and other provisions for the inclusion of affordable housing units in Mixed Use projects within the Highway 111 Plan area.  Timing: Menu of incentives, June 2023. As projects are proposed  Funding Source: General Fund  Responsible Agency: City Manager’s Office/Housing  Program H-2.3.c: Affordable Housing Renter-to-Owner Transition There are many resources that the City, nonprofits, or for-profit developers may utilize to subsidize the construction and maintenance of affordable housing. Some of the most prominent resources are described below.  Timing: Update website with funding information and partnership opportunities in by June 2022, and every six months thereafter.  Funding Source: General Fund  Responsible Agency: City Manager’s Office/Housing Low Income Tax Credits Low Income Housing Tax Credit (LIHTC) provides federal tax credits for private developers and investors that agree to set aside all or a portion of their units for low income households. A minimum of 20 percent of the units must be affordable to low income households and 40 percent of the units must be affordable to moderate income households. Community Reinvestment Act The Community Reinvestment Act provides favorable financing to affordable housing developers. The Redevelopment Agency, development community, and local, regional, and national banks are encouraged to work together to meet their obligations pursuant to the Community Reinvestment Act. California Housing Finance Agency Program The California Housing Finance Agency (CHFA) has three single-family programs for primarily moderate and middle income homebuyers: the Home Ownership Assistance Program and the Affordable Housing Partnership Program. Each provides permanent mortgage financing for first-time homebuyers at below-market interest rates. Formatted: Indent: Left: 0.5", No bullets ornumbering, Don't keep with next, Don't keep linestogether 591 City of La Quinta Amendments to 2nd Draft Housing Element December 27, 2021 Page 9 of 12 HOME Funds HOME is the largest Federal block grant distributed to state and local governments for the creation of lower income housing. Cities apply when Notices of Funding Availability are issued. Neighborhood Stabilization Program HUD’s Neighborhood Stabilization Program makes emergency assistance grants available to local governments for the acquisition, redevelopment, and renting or resale of foreclosed properties at-risk of abandonment. Riverside County First-Time Homebuyers Program Continue participation in the Riverside County First-Time Homebuyers Program for low and moderate income households. Mortgage Credit Certificate The Riverside County Mortgage Credit Certificate Program is designed to assist low and moderate income first time homebuyers. Under the Mortgage Credit Certificate Program, first-time homebuyers receive a tax credit based on a percentage of the interest paid on their mortgage. This tax credit allows the buyer to qualify more easily for home loans, as it increases the effective income of the buyer. Under federal legislation, 20 percent of the funds must be set aside for buyers with incomes between 75 and 80 percent of the county median income. Finance Agency Lease-Purchase Program Riverside/San Bernardino County Housing Finance Agency Lease Purchase Program provides down payment assistance and closing costs for eligible households up to 140 percent of the area median income. Housing Choice Voucher (formerly Section 8) Referrals Housing Choice Vouchers allow lower income households to use rental subsidies anywhere in the County, including La Quinta.  Program H-4.4.a: Housing Condition Survey & Monitoring Maintain Complete an inventory of housing conditions (updated approximately every five years) to enable the City to properly target Code Compliance and rehabilitation resources. To better understand the City’s housing needs the quality and condition of the housing stock must be inventoried on a regular basis. The inventory should focus on older neighborhoods, such as those south of Calle Tampico, west of Washington Street, and north of Highway 111.  Timing: Complete by June 30, 2023 Formatted: Indent: Left: 0.5", No bullets ornumbering, Don't keep with next, Don't keep linestogether 592 City of La Quinta Amendments to 2nd Draft Housing Element December 27, 2021 Page 10 of 12  Funding Source: General Fund  Responsible Agency: Design and Development Department Program H-4.4.b: Habitat for Humanity Residential Rehabilitation Program Complete the Memorandum of Understanding with Habitat for Humanity to implement the “Brush with Kindness” program. The program will be implemented by Habitat volunteers who will donate time for repair and maintenance programs, including yard work, weed abatement, window replacements, roof repairs, and air conditioning repair. Residents will be prioritized to focus on seniors, veterans, the disabled, low and very low income residents, and those in affordably-designated homes. The first-year City contribution will be $40,000, and the annual amounts will be reviewed every year based on the success of the program.  Timing: MOU in by June 2022, assist 6 households annually through the planning period  Funding Source: General Fund  Responsible Agency: Habitat for Humanity, City Manager’s Office/Housing Program H-5.2.a: Collaborate and coordinate with government agencies and nonprofit groups to support outreach and expansion of lending programs for homeownership among minority populations.  Timing: Annually (June) with adoption of budget, subject to available funding.  Funding Source: General Fund  Responsible Agency: City Manager’s Office/Housing Program H-5.4.a: Low Barrier Navigation Centers Review and revise, as necessary, the Zoning Ordinance to ensure compliance with Assembly Bill (AB) 101 as it pertains to Low Barrier Navigation Centers. Modify the definition of “homeless shelter” to include this use.  Timing: 2021-June 2022 at regular Zoning Ordinance update  Funding Source: General Fund  Responsible Agency: Design and Development Department  Program H-5.4.b: Zoning Amendments for Emergency Shelters, Transitional and Supportive Housing Revise the Zoning Ordinance to require that homeless shelters only be required to provide parking for employees; and that Transitional and Supportive Housing be permitted uses in the Medium, Medium-High and High density residential zones.  Timing: 2021-June 2022 at regular Zoning Ordinance update 593 City of La Quinta Amendments to 2nd Draft Housing Element December 27, 2021 Page 11 of 12  Funding Source: General Fund  Responsible Agency: Design and Development Department Program 3.1.a: The revised element now indicates that to demonstrate the adequacy of the zoning for sites to accommodate the lower-income RHNA, the Affordable Housing Overlay (AHO) will be applied to the sites on Table II-50. However, as this program is addressing a shortfall of adequate sites to accommodate the RHNA for lower, it must commit to meet all the requirements of GC. 65583.2, subdivisions (h) and (i).  Program 3.1.a: All properties listed in the Affordable Housing Inventory for extremely low, very low and low income units shall have the Affordable Housing Overlay applied. Further, the AHO text shall be amended to allow 30 units per acre. and to allow 3 story development. The analysis that accompanies the Zone text amendment shall demonstrate that the development standards being applied to the AHO, including setbacks, height and parking requirements, allow a density of 30 units per acre. Consistent with Government Code Section 65583.2(h) and (i), the AHO will permit owner-occupied and rental multifamily residential use by right for developments in which at least 20 percent of the units are affordable to lower income households during the planning period. These sites shall be zoned with minimum density and development standards that permit at least 16 units per site.  Timing: 2021-2022October 2022 for Zoning Map and text amendments  Funding Source: General Fund  Responsible Agency: Planning Division D. Public Participation The draft element includes a revised summary of the public participation process (p. 30), which now states that the city held an additional study session on the housing element. However, it does not demonstrate that diligent efforts were made to involve all economic segments of the community in the development of the housing element, especially low- and moderate-income groups, nor does it address the availability of materials in multiple languages, surveys, or other efforts to involve such groups and persons in the element throughout the process. In addition, the revised element now states that “comments and questions led to amendments and additions to policies and programs” (p. 30) but does not summarize what those comments were and how they were incorporated. The comments and questions led to amendments and additions to policies and programs which are included in this Element. The amendments included changes to programs to develop incentives, including fee reductions and development standard concessions for affordable housing projects, and working closely with the development community to secure funding from all available sources. Formatted: Normal, Indent: Left: 0.5" 594 City of La Quinta Amendments to 2nd Draft Housing Element December 27, 2021 Page 12 of 12 The participants’ concerns were considered in the preparation of the goals, policies and programs, including additions and changes that further commit the City to partnering with affordable housing developers in the development of projects in the future; the City’s recent actions to limit short term vacation rentals; and including inventory sites of varying sizes and locations close to services, transit, schools and job centers. The Element was posted on the City’s website, and a public comment period provided from September 10 to 24, 2021. The public comment period was advertised through Facebook and Instragram posts, and a Nextdoor announcement from the City, and an email blast to all those invited to the community workshops (see Appendix A). City received no comments during the comment period. State Review and Public Hearings The Draft Element was submitted to the California Department of Housing and Community Development (HCD) for review and certification. The City has received and responded to review comments from HCD to address its concerns. Once the document has been certified by HCD, the Housing Element Update will be presented in public hearings before both the Planning Commission and City Council, with the documents available for public review at City Hall and on the City’s website. The Housing Element was posted on the City’s website for 30 days prior to City Council hearing. The posting was advertised on the City’s website, on its Facebook page, and individual emails sent to all of the housing advocates, developers and residents who participated in the City’s workshops (see Appendix A). 595 City of La Quinta Amendments to 2nd Draft Housing Element – AFFH December 27, 2021 Page 1 of 14 B. Housing Needs, Resources and Constraints Note: Responses to Finding B.1. relating to AFFH are provided below. Comment 1: Racial/Ethnic Areas of Concentration of Poverty (R/ECAP): While the element identifies a R/ECAPs in the City, the element must include analysis of the area such as trends, conditions and past efforts and their effectiveness in combination with concentrated areas of affluence. Response 1: Integration and Segregation Patterns To assess patterns of segregation and integration, the City analyzed four characteristics: race and ethnicity, income, disability, and familial status. Race and Ethnicity The diversity index was used to compare the racial and ethnic diversity within the City and surrounding communities. Diversity Index ratings range from 0 to 100, where higher numbers indicate higher diversity among the measured groups. As shown in Exhibit II-15 Diversity Index, the City exhibits a range of diversity ratings. The Cove and Village area, the southern end of the City, the area just north of Highway 111, and an area on the eastern boundary adjacent to the City of Indio and unincorporated Riverside County have relatively high diversity (70-85). Portions of the northwestern and southeastern City have lower diversity (below 40). The remaining areas are rated mid-range (40-70) on TCAC’s diversity index. The surrounding areas have comparable diversity ratings as La Quinta, though areas of higher diversity are found in City of Indio to the east. According to the 2015–2019 American Community Survey, over half (57.3%) of La Quinta residents identify as White, non-Hispanic, whereas over half (64.2%) of the Indio residents to the east identify as Hispanic. The City of La Quinta can be viewed as a demographic transition point from the west to east Coachella Valley, with the proportion of White, non-Hispanic population between those in Indio (34.7%) to the east and Bermuda Dunes (58.5%) to the north, Palm Desert (66%) and Indian Wells (88.1%) to the west. The southern end of the City is falls in part of a larger area designated a TCAC Area of High Segregation and Poverty in 2020 and 2021, and is also in Tract 456.05, which is designated a racially or ethnically concentrated area of poverty (R/ECAP) by HUD (2009-2013) (Exhibit II-1417). However, these designations are most likely not true for this part of the City due to data granularity reasons, as analyzed in detail below. This area, as part of Census Tract 456.05, is in a Hispanic Majority Tract with a predominant gap >50% between Hispanic and other race/ethnicity groups (Exhibit II-16). In contrast, mMore urban areas in the City fall 596 City of La Quinta Amendments to 2nd Draft Housing Element – AFFH December 27, 2021 Page 2 of 14 in White Majority Tracts (predominant gap >50%). Similarly, much of the lower diversity areas in the Cities of Indian Wells and Palm Desert are also in White Majority Tracts. A close examination of the HCD AFFH maps and the R/ECAP area in La Quinta reveals that the designation is leasts likely due to demographics within the area, but rather its location in Census Tract 456.05, which spans a large area of unincorporated Riverside County in the east Coachella Valley. As shown in Exhibits II-16 and II-17, from a data granularity perspective, the R/ECAP and Hispanic Majority Tract designations are specificcover to the entire Tract 456.05 onlyand , which does not tell any difference within the tract. Similarly, the Area of High Segregation and Poverty (2020 and 2021) designations are specific to a bBlock groupGroup 4 under Tract 456.05 which covers more unincorporated Riverside County area than La Quinta City area (see Exhibit II-20b). The area designated as R/ECAP in La Quinta under R/ECAP designation is roughly bounded by Avenue 60 on the north, and consists of vacant land, Coral Mountain Golf Club and Trilogy La Quinta, a retirement community. Based on local knowledge and property values at Coral Mountain and Trilogy, this area of the City is not an area with concentrated poverty. This area will be further analyzed in Income subsection below for any potential for segregation and concentration of poverty. HCD has not published the adjusted Racially Concentrated Areas of Affluence (RCAA) methodology for California as of August 2021. While no data has been released on RCAA, the national metric may be referenced for general considerations here: RCAA is defined as census tracts where 1) 80% or more of the population is white, and 2) the median household income is $125,000 or greater (slightly more than double the national the median household income in 2016). As shown in Exhibit II-18, Census Tract 456.08 along the eastern City boundary (roughly between Avenue 54 and Avenue 60) has a median income greater than $125,000. Census data reveals that this tract has 89.6% white population that is not Hispanic. The area may have the potential to be a RCAA. While another area to the north also has a median income greater than $125,000, it is in a tract with fewer than 80% white, non-Hispanic population and may not qualify as a RCAA. While introducing various housing choices may alleviate the potential RCAA situation in these areas, they are mostly built out with retirement communities and offer very limited opportunities for education, employment, services/amenities, and transit. Therefore, the City has prioritized providing more affordable housing in areas that offer ample opportunities to meet the needs of lower-income households. Income The City also assessed the concentrations of households below the poverty line across the City to analyze access to adequate housing and jobs. As shown in Exhibits II-18 and II-19, the bulk of the City has a very low percentage of residents (less than 10%) who fall below the poverty line ($26,500 for a family of four in 2021), and the central and northern portions of the City as well as the southern Cove area have a low percentage (10%-20%) of residents 597 City of La Quinta Amendments to 2nd Draft Housing Element – AFFH December 27, 2021 Page 3 of 14 below the poverty line. Note that the southern end of City, which is designated as R/ECAP as part of Tract 456.05 that is designated as R/ECAP, shows a higher percentage (38.2%) of residents below the poverty line, but this percentage represents the entire tract rather than just the portion in La Quinta. The poverty status trend saw some minor changes from 2014 to 2019. The percentage of residents who fall below the poverty line in the northern Cove and Village area and an area on the eastern City boundary (north of Avenue 54) have lowered over time from 10-20% to below 10%, while the percentage in the northern City increased from below 10% to 10-20%. The southern end of City as part of Tract 456.05, showed 42% of residents below the poverty line in 2014, though this percentage captures the entire tract and does not specifically indicate any change within the La Quinta portionarea. The HUD Low to Moderate Income Population maps at Tract and Block Group levels (Exhibit II-20a and b) illuminate how data granularity affects interpretation. The map in Exhibit II-20a at tract level is less detailed/refined, showing the percentage of low to moderate income population for entire census tracts; in contrast, the map in Exhibit II-20b at block group level has a finer resolution at block group level, showing the percentages for each block group, which is a smaller geographical unit than the census tract. Census Tract 456.05 consists of a portion of City of La Quinta which includes vacant land, a private golf club and a private retirement community, and rural agricultural communities in unincorporated Riverside County. The southern end of La Quinta is part of Block Group 4 of Census Tract 456.05. Block Group 4 shows 42% of low-moderate income (LMI) population, whereas Tract 456.05 shows 79% of LMIlow-moderate income population. This discrepancy gap in percentage of LMI population can be attributed to the demographical difference between the La Quinta portion and the remaining unincorporated County area. The larger unincorporated County area skews the percentage of low-moderate incomeLMI population to the higher side. This phenomenon also occurs in the Predominant Population map (Exhibit II-16), which shows the entire Census Tract 456.05, including the southern La Quinta area, as a Hispanic Majority Tract with a predominant gap >50% between Hispanic and other race/ethnicity groups. This contradicts local demographic knowledge of this area, as there is no evidence showing a significantly higher ratio of Hispanic population than surrounding areas in the City. In summary, while currently available data are not specific to the southern end of the City of La Quinta and are inconclusive on the area’s potential for segregation and concentration of poverty, based on local knowledge and judgment, the area in southern La Quinta is least likely to experience segregation based on race/ethnicity or low income, or qualify as an Area of High Segregation and Poverty or R/ECAP. 598 City of La Quinta Amendments to 2nd Draft Housing Element – AFFH December 27, 2021 Page 4 of 14 As shown in Table II-16 of this Housing Element, the City of La Quinta has a vacancy rate of 7.4% for rental units and 5.0% for ownership units. Correcting for seasonal or recreational units, which are considered vacant by the Census but are not available or used for permanent occupancy, the overall vacancy rate is 6.5%. These vacancy rates are quite low and may indicate limited room for mobility and high demand for affordable units. Comment 2: Displacement: While the element provides the overall rate of overcrowding, it must also include an analysis of patterns and trends at a local and regional level and address displacement risks. Response 2: Disproportionate Housing Need and Displacement Risk The AFFH Guidance for All Public Entities and for Housing Elements (April 2021 Update) defines ‘disproportionate housing needs’ as ‘a condition in which there are significant disparities in the proportion of members of a protected class experiencing a category of housing need when compared to the proportion of members of any other relevant groups, or the total population experiencing that category of housing need in the applicable geographic area.’ Disproportionate housing needs may include things like overcrowding, overpayment, housing conditions disproportionately affecting protected classes, including displacement risk. Overcrowding As discussed under Community ProfileHousing Needs (Table II-27), overcrowding is not a significant issue in the City of La Quinta. As of the 2014-2018 ACS, 3.7% of all occupied units in the City are considered overcrowded, which include primarily renter units (82.7%, 477 units) rather than owner units (17.3%, 100 units). 10.9% of all renter households experience overcrowding. The overall overcrowding rate (3.7%) in La Quinta has increased from 2.3% in 2014; specifically, overcrowding has improved slightly for owners but worsened for renters. Compared to an overcrowding rate of 6.9% in the Riverside County (2018), overcrowding in La Quinta is less significant. The renter overcrowding rate (10.9%) is only slightly lower than that of the County (11.8%). Households with lower incomes may permit overcrowding to derive additional income, or there may be insufficient supply of housing units in the community City to accommodate the demand, especially rental units. Unit size and affordability can be key contributors to overcrowding, and the City may need more affordable rental units of various sizes to meet the need of the community. Homelessness In 2020, there were 3 unsheltered homeless persons in La Quinta according to the PIT Count for Riverside County. The City allows homeless shelters in the Regional Commercial 599 City of La Quinta Amendments to 2nd Draft Housing Element – AFFH December 27, 2021 Page 5 of 14 and Major Community Facilities zones with a conditional use permit. Single-room occupancy units are also conditionally allowed in the Regional Commercial zone in the City. Program H-5.4.a and H-5.4.b commit the City to bring its Zoning Ordinance in compliance with AB 101 for Low Barrier Navigation Center requirements on homeless shelters, and with state law for emergency shelters, transitional and supportive housing. Overpayment The median rent in La Quinta can be out of reach for lower income households with two or more persons; however, as shown in Exhibit II-22, La Quinta has less prevalent overpayment by renters (<60% of renter households City-wide) in 2019 compared to surrounding jurisdictions, which have areas with over 60% of renter households overpaying. Overpayment is considered a chronic issue that needs to be addressed both locally and regionally. As is shown in Table II-25 (Overpayment by Income Category and Tenure), as of the 2012-2016 CHAS, between both renters and owners, 71.4% of lower income households in La Quinta pay at least 30% of their income toward housing costs. Regionally, overpayment among renters is especially prevalent (>80%) in the north side of the City of Palm Springs, south side of Desert Hot Springs, and adjacent unincorporated areas of Riverside County as well as the south side of the City of Coachella. The overpaying rate more than doubles for lower-income owners (76.2 percent) than that of all owner households (36.5%). Overpayment increases the risk of displacement for residents who are no longer able to afford their housing costs. Geographically speaking, overpayment among homeowners is more prevalent than among renters in the City of La Quinta, although the reverse is true for the region. As shown in Exhibit II-23, most of La Quinta has a homeowner overpayment rate between 40%-60%, and the area north of Highway 111 has a lower overpayment rate below 40%. Regionally, overpayment among homeowners is below 80% except a small area in the City of Coachella, and areas with between 60%-80% homeowner overpayment are found in the cities of Rancho Mirage, Cathedral City, Palm Springs, Desert Hot Springs and the adjacent unincorporate Riverside County area as well as the City of Coachella. The City has included Programs H-1.1.a, H-2.1.b, H-2.3.b to incentivize development of affordable housing and has included an action in Program H-5.2.a to connect minority populations to lending programs for homeownership. Substandard Housing Conditions In La Quinta, less than a third (28.6%) of the housing stock is older than 30 years, and less than 5% is over 50 years old. Older homes are typically found in the Cove area. After 30 years homes generally require major rehabilitation, such as a new roof or updated plumbing. As discussed earlier, a 2007 City-wide housing conditions survey found that the majority of 59 units in need of minor or moderate rehabilitation were in the Cove area. The Code Compliance staff track property maintenance and planned for a housing conditions 600 City of La Quinta Amendments to 2nd Draft Housing Element – AFFH December 27, 2021 Page 6 of 14 survey in fiscal year 2021/2022. The repair costs can be prohibitive such that the owner or renter live in unhealthy, substandard housing conditions or the renter is displaced if the house is designated as uninhabitable and the owner does not complete repairs. To prevent these situations, the City offers programs that assist homeowners and apartment complex owners with home maintenance and repair costs. Homeowners interested in reducing their utility bills through upgrades now have an alternative to tapping their mortgage for home equity loans. Through partnership with the City of La Quinta, HERO and Ygrene offer a wide array of home energy products at low-fixed interest rates with flexible payment terms of up to 20 years (see Programs H-4.4.a through H-4.4.d). Mortgage Loan Indicators [Subsection omitted here; no edits were made.] Displacement Risk The Urban Displacement Project (UDP) is a research and action initiative of the University of California Berkeley and the University of Toronto. UDP conducts community-centered, data-driven, applied research toward more equitable and inclusive futures for cities, and contributed the Sensitive Communities map to HCD’s AFFH Data Viewer. Communities are designated sensitive if “they currently have populations vulnerable to displacement in the event of increased redevelopment and drastic shifts in housing cost.” The following characteristics define vulnerability: • Share of very low-income residents is above 20%; and • The tract meets two of the following criteria: o Share of renters is above 40%, o Share of people of color is above 50%, o Share of very low-income households (50% AMI or below) that are severely rent burdened households is above the county median, o They or areas in close proximity have been experiencing displacement pressures (percent change in rent above County median for rent increases), or o Difference between tract median rent and median rent for surrounding tracts above median for all tracts in county (rent gap). The Sensitive Communities – Urban Displacement Project map (Exhibit II-24) shows that two areas in the City are designated as vulnerable: the northern Cove area (Tract 451.20) and a small area in southeastern City (part of Tract 456.09). Tract 451.20 has 25%-50% low to moderate income (LMI) population (Exhibit II-20a), but the Village area (Block Group 3 in Tract 451.20) has 50%-75% LMI population, higher than the average tract (Exhibit II-20b). Sites 2 & 3 in the Vacant Land Inventory (Table II-50) are located within Block Group 3 of Tract 451.20 which will increase affordable housing supply in this area and help alleviate displacement risks for lower income households. 601 City of La Quinta Amendments to 2nd Draft Housing Element – AFFH December 27, 2021 Page 7 of 14 The entire Tract 456.09 is designated as vulnerable, which spans large areas in the City of Coachella and unincorporated County and only a tiny portion in the City of La Quinta. As shown in Exhibit II-24, the portion within La Quinta consists of vacant land only, and is thus not considered a sensitive community nor subject to displacement. 602 City of La Quinta Amendments to 2nd Draft Housing Element – AFFH December 27, 2021 Page 8 of 14 603 City of La Quinta Amendments to 2nd Draft Housing Element – AFFH December 27, 2021 Page 9 of 14 Comment 3: Site Inventory: While the element has an analysis of sites in relation to affirmatively furthering fair housing (AFFH), the element must contain an identification and evaluation of sites relative to the full scope of assessing fair housing ( e.g., segregation and integration, racially and ethnically concentrated areas of poverty and affluence, disproportionate access to opportunity), the site inventory must contain an identification and analysis of selected sites with accompanying maps that indicated the number of projected units for each site and represent the assumed affordability (i.e., lower, moderate and above moderate) with an evaluation of each site to socio-economic patterns. This analysis should cover all income levels and assess the extent to which projected development of sites will wither further exacerbate or further ameliorate existing patterns of segregations and/or exclusion of members of protected classes. Response 3: Sites Inventory The City extends into the Santa Rosa Mountains in the west and south, and much of the area in the southwestern City is designated as Open Space – Natural on the General Plan and not available for development. The City is largely built out, and future housing development will occur as mainly infill projects and on the south side of the City where there are larger vacant parcels. The City identified sufficient sites to meet the RHNA in La Quinta’s sixth cycle inventory (see Exhibit II-24 and Table II-50). The vacant land inventory only includes parcels that the City has identified as having the potential to develop during the 2022-2029 planning period. Sites 1-3, 7-9, 11 and 13 are identified for lower income units, Sites 10 and 12 are identified for moderate income units, and Sites 15 through 20 are identified for above moderate income units. As shown in the inventory map (Exhibit II-24), the sites identified for future housing development are located in different parts of the City in various zoning districts and dispersed to the greatest extent possible with available lands, which will encourage a mix of household types across the City. Most of the sites identified for this Housing Element, primarily those located along the Highway 111 corridor and near the Cove area, will result in small-lot development and housing affordable to lower-income households. Above moderate income units will be built in the southern City on larger lots. The vacant sites that are zoned suitably for multiple income categories are distributed in the central and north sides of the City, which combat potential segregation and concentration of poverty by providing a variety of housing types to meet the needs of residents in these areas. Integration and Segregation: Race and Income Sites in the inventory are dispersed in areas ranging from lowest to highest diversity ratings (Exhibit II-15), although some of the sites south of the Highway 111 and near the Commented [BC1]: Because the Sensitive Communities Map in AFFH is added as II-24, the Inventory map will be renumbered to II-25 Commented [BC2]: Because the Sensitive Communities Map in AFFH is added as II-24, the Inventory map will be renumbered to II-25 604 City of La Quinta Amendments to 2nd Draft Housing Element – AFFH December 27, 2021 Page 10 of 14 Cove area are in areas with lower median incomes (<$55,000, see Exhibit II-18). However, these areas are also High Resource areas due to location within the Highway 111 corridor and proximity to the Village area. The vacant land inventory will increase housing supply for lower and moderate income households in the High Resource areas, and is not expected to exacerbate any existing patterns of segregation based on race and income. The City examined the opportunity area map prepared by HCD and TCAC (Exhibit II-14) and identified inaccurate designations for the southern end of the City. The area is generally bounded by Avenue 60 on the north and Monroe Street and City boundary on the other sides. This area consists of vacant land, Coral Mountain Golf Club and Trilogy La Quinta (a retirement community). As discussed above, it is designatedshows as “High Segregation & Poverty” most likely due to its location in a larger census tract that includes primarily unincorporated rural/agricultural communities. Based on local knowledge and data, the area in southern La Quinta is least likely to experience segregation based on low race/income or qualify as Area of High Segregation and Poverty. Sites 17-20 are located in or adjacent to this area and designated for above moderate income units. The vacant land inventory will increase housing supply in the southern end of the City. The City has considered this area for affordable housing development, but local knowledge of its lack of access to transit, services or jobs, makes it unlikely to develop as such in the planning period. As development expands in this area in the future, however, there may be opportunities for greater variety in housing types in the south end of the City. Racially/Ethnically Concentrated Areas of Poverty and Affluence As noted, the R/ECAP is designated at census tract level for Tract 456.05, which spans a large area of unincorporated Riverside County and a small portion in the City of La Quinta (Exhibits II-16 & II-17). Due to data granularity reasons and local knowledge discussed above, this designation is most likely inaccurate for the small area in La Quinta. Consisting of vacant land, Coral Mountain Golf Club and Trilogy La Quinta, a retirement community, tThis area should be designated as “Moderate Resource” or better, with potential drawbacks being its distance from job opportunities and schools. Sites 17 and 18 in this area are designated for above moderate income units. As the R/ECAP designation most likely does not apply to this area of the City, the vacant land inventory will not change existing conditions regarding R/ECAP. There is one potential RCAA in the City, Census Tract 456.08 along the eastern City boundary (Exhibit II-18) with a median income greater than $125,000 and 89.6% non- Hispanic white population. Sites 15, 16, 19, and 20 in this area are designated for above moderate income units. Based on the opportunity area map (Exhibit II-14) and local knowledge and data, Census Tract 456.08 is not in the Highest Resource area of the City, is mostly built out with retirement communities, and offers very limited opportunities for education, employment, services/amenities, and transit. Therefore, the City has prioritized 605 City of La Quinta Amendments to 2nd Draft Housing Element – AFFH December 27, 2021 Page 11 of 14 providing more affordable housing in areas that offer ample opportunities such as the northern City. Access to Opportunity The opportunity area map designates the majority of the City as “Highest Resource” or “High Resource”, which indicate areas whose characteristics have been shown by research to support positive economic, educational, and health outcomes for low-income families—particularly long-term outcomes for children. As discussed above, local knowledge and data indicate that the appropriate designation for the southern end of the City should be “Moderate Resource” or better. The City extends into the Santa Rosa Mountains in the west and south, and much of the area in the southwestern City is designated as Open Space – Natural on the General Plan and not available for development. The City is largely built out, and future housing development will occur as mainly infill projects and on the south side of the City where there are larger vacant parcels. Using the statewide opportunity area map, local knowledge, and indicators of segregation, displacement risk, and access to opportunity as overlays to the City’s vacant land inventory, the City was able to identify sufficient sites for affordable units in La Quinta’s sixth cycle inventory (See see Exhibit II-24 and Table II-5150) in areas identified by TCAC/HUD as either “Highest Resource” or “High Resource” with the highest Jobs Proximity Index scores. Part of Sites 17 and 18 designated for above moderate income units5 falls in the “High Segregation & Poverty” area, which is an inaccurate designation as discussed above and in fact the area qualifies for “Moderate Resource” or better. Sites in the inventory are dispersed in areas ranging from lowest to highest diversity ratings (Exhibit II-15), although some of the sites south of the Highway 111 and near the Cove area are in areas with lower median incomes (<$55,000, see Exhibit II-18). As shown in the inventory map (Exhibit II-24), the sites identified for future housing development are located in different parts of the City in various zoning districts and dispersed to the extent possible with available lands, which will encourage a mix of household types across the City. Most of the sites identified for this Housing Element, primarily those located along the Highway 111 corridor and near the Cove area, will result in small-lot development and housing affordable to lower-income households. Above moderate income units will be built in the southern City on larger lots. The vacant sites that are zoned suitably for multiple income categories are distributed in the central and north sides of the City, which combat potential segregation and concentration of poverty by providing a variety of housing types to meet the needs of residents in these areas. Several sites identified for affordable housing are located along the Highway 111 corridor, which offers a variety of resources and amenities. Two bus routes serve the area, which provide local and regional connectivity in the City, Coachella Valley and San Bernardino Commented [BC3]: Because the Sensitive Communities Map in AFFH is added as II-24, the Inventory map will be renumbered to II-25 606 City of La Quinta Amendments to 2nd Draft Housing Element – AFFH December 27, 2021 Page 12 of 14 County (a commuter route). The Highway 111 corridor area features walkable streets and neighborhoods, and provides walking access to retail, restaurants, grocery and personal services. There are elementary and high schools and public parks nearby. Similarly, the sites in the inventory near the Village area also have easy access to the various retail, dining and services there, as well as La Quinta Library, Civic Center Park and La Quinta Museum. There are two elementary schools and one preschool in the Village area and vicinity. SunLine Bus Route 7 serves the Village area. These future housing sites affirmatively further fair housing through their proximity to jobs, education and transit, neighborhood retail and services, all of which can reduce the overall cost of living for lower-income households. The stores, restaurants and offices in both the Highway 111 and Village commercial districts provide various job opportunities. The City analyzed environmental constraints, including wildfire zones, 100-year special flood hazard areas and geological hazard zones, and confirmed that none of the sites identified are within or near any identified hazard zones that cannot be mitigated with standard construction techniques. With the implementation of standard requirements such as site-specific geotechnical studies, the sites identified in the vacant land inventory will not subject future residents to any environmental hazards. Evidence provided by the HUD tables and maps reveal there are no disparities in access to environmentally healthy neighborhoods, except that the southern City area has an inaccurate designation for less positive environmental outcomes due to its location in a larger tract. When compared with the east Coachella Valley and areas north of the Interstate-10, the City scores higher in the environmental domain. Overall, the vacant land inventory is expected to improve access to opportunities for households in need by increasing affordable housing stock in high and highest resource areas. Disproportionate Housing Needs The fair housing assessment identified that there is likely demand for units with at least two bedrooms for family and non-family households based on the household makeup of the City. Among the areas that over 40% of renters and owners experience overpayment, Tract 451.20 is further designated as vulnerable/sensitive community regarding displacement risk. Tract 451.20 has a relatively high (25%-50%) low to moderate income (LMI) population (Exhibit II-20a), with the Village area (Block Group 3 in Tract 451.20) having 50%-75% LMI population. The City completed the La Quinta Village Build-Out Plan and EIR in 2017. Projects in the Village area are encouraged to implement the standards and incentives of Municipal Code Section 9.140.090, the mixed use overlay, which encourages development on lot assemblages or lots greater than one acre and facilitates the development of mixed use projects that include both multifamily residential and commercial components. Per Section 9.140.090.F, mixed use development can benefit from density bonuses, modified 607 City of La Quinta Amendments to 2nd Draft Housing Element – AFFH December 27, 2021 Page 13 of 14 parking requirements, expedited permit processing, and fee reductions. Sites 2 & 3 in the vacant land inventory will be able to take advantage of the mixed use overlay incentives and increase affordable housing supply in the Village area. The City also intends to apply the Affordable Housing Overlay to all sites identified in the vacant land inventory (Program 1.1.b.), including sites in the Village area and along the Highway 111 corridor. These measures are expected to expand housing options for various income levels and foster a more economically diverse community. The City is also implementing traffic improvements including new roundabouts in the Village area, where pedestrian, bicycle, golf cart, and automobile traffic exist. The new roundabouts will help accommodate non-vehicular traffic, making roadways safer and more accessible to pedestrians and bicycles in the area and meeting the transportation needs of all segments of the community. Comment 4: Goals, Priorities, Metrics, and Milestones: The element must be revised to add or modify goals and actions based on the outcomes of a complete analysis as listed above. Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have specific commitment, metrics and milestones as appropriate and must address housing mobility enhancement, new housing choices and affordability in high opportunity areas, place-based strategies for community preservation and revitalization and displacement protection. Response 4: Note: The programs that were date-sensitive have been revised to provide specific commitment, metrics and milestones, please see separate response letter for the Housing Element. The following are additional revisions for AFFH requirements.  Policy H-1.1 Identify adequate sites to accommodate a range of product types, densities, and prices to address the housing needs of all household types, lifestyles, and income levels. Provide new housing choices by increasing affordable housing supply in high opportunity areas, and improve housing mobility through encouraging various housing options such as accessory dwelling units and creative housing solutions.  Policy H-2.1 608 City of La Quinta Amendments to 2nd Draft Housing Element – AFFH December 27, 2021 Page 14 of 14 Increase housing choices for lower and moderate income households. Address disproportionate housing needs and alleviate disproportionate cost burdens on lower and moderate income households by providing more affordable housing units.  Policy H-4.4 Enhance neighborhoods that presently provide affordable housing with drainage, lighting and landscape amenities, and parks and recreation areas. Employ government and non-government resources to preserve and revitalize neighborhoods and communities and thereby provide protection against disinvestment-based displacement. Program H-5.2.a: Collaborate and coordinate with government agencies (e.g. Fair Housing Council of Riverside County) and nonprofit groups (e.g. Habitat for Humanity) to support outreach and expansion of lending programs for homeownership among minority populations. Advertise workshops and webinars held by these organizations on financial resources for homeownership on the City website, under News page and Directory of Services (see Program H-5.2.c). § Timing: Annually with adoption of budget, subject to available funding. § Funding Source: General Fund § Responsible Agency: City Manager’s Office/Housing 609 November 16, 2021 Ms. Cheri Flores, Planning Manager City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Phone: (760) 777-7000 E-mail: cflores@laquintaca.gov RE: SCAG Comments on the Initial Study/Negative Declaration for the La Quinta Housing and Safety Element Updates [SCAG NO. IGR10504] Dear Ms. Flores, Thank you for submitting the Notice of Intent to Adopt a Negative Declaration for the La Quinta Housing and Safety Element Updates (“proposed project”) to the Southern California Association of Governments (SCAG) for review and comment. The proposed project includes an update to the Housing and Safety Elements of the General Plan to address changes required by state law. Based on SCAG staff’s review, the Initial Study/Negative Declaration (IS/ND) does not reference the most recently adopted 2020 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS or Connect SoCal). SCAG staff comments are detailed in the attachment to this letter. When available, please send project related documents and notices to IGR@scag.ca.gov. If you have any questions regarding the attached comments, please contact the Inter governmental Review (IGR) Program, attn.: Anita Au, Senior Regional Planner, at (213) 236 -1874 or IGR@scag.ca.gov. Thank you. Sincerely, Frank Wen, Ph.D. Manager, Planning Strategy Department ATTACHMENT 3 610 November 16, 2021 SCAG No. IGR10504 Ms. Flores Page 2 COMMENTS ON THE NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION FOR THE LA QUINTA HOUSING AND SAFETY ELEMENT UPDATES [SCAG NO. IGR10504] SUMMARY Pursuant to Senate Bill (SB) 375, SCAG is the designated Regional Transportation Planning Agency under state law and is responsible for preparation of the Regional Transportation Plan (RTP) including the Sustainable Communities Strategy (SCS). SCAG’s feedback is intended to assist local jurisdictions and project proponents to implement projects that have the potential to contribute to attainment of Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) goals and align with RTP/SCS policies. Based on SCAG staff review, the IS/ND does not reference the most recently adopted 2020 Connect SoCal. SCAG staff recommends including references to Connect SoCal as described in the following sections. CONNECT SOCAL GOALS The SCAG Regional Council fully adopted Connect SoCal in September 2020. Connect SoCal, also known as the 2020 – 2045 RTP/SCS, builds upon and expands land use and transportation strategies established over several planning cycles to increase mobility options and achieve a more sustainable growth pattern. The long-range visioning plan balances future mobility and housing needs with goals for the environment, the regional economy, social equity and environmental justice, and public health. The goals included in Connect SoCal may be pertinent to the proposed project. These goals are meant to provide guidance for considering the proposed project. Among the relevant goals of Connect SoCal are the following: SCAG CONNECT SOCAL GOALS Goal #1: Encourage regional economic prosperity and global competitiveness Goal #2: Improve mobility, accessibility, reliability and travel safety for people and goods Goal #3: Enhance the preservation, security, and resilience of the regional transportation system Goal #4: Increase person and goods movement and travel choices within the transportation system Goal #5: Reduce greenhouse gas emissions and improve air quality Goal #6: Support healthy and equitable communities Goal #7: Adapt to a changing climate and support an integrated regional development pattern and transportation network Goal #8: Leverage new transportation technologies and data-driven solutions that result in more efficient travel Goal #9: Encourage development of diverse housing types in areas that are supported by multiple transportation options Goal #10: Promote conservation of natural and agricultural lands and restoration of habitats 611 November 16, 2021 SCAG No. IGR10504 Ms. Flores Page 3 Connect SoCal Strategies To achieve the goals of Connect SoCal, a wide range of land use and transportation strategies are included in the accompanying twenty (20) technical reports. Of particular note are multiple strategies included in Chapter 3 of Connect SoCal intended to support implementation of the regional Sustainable Communities Strategy (SCS) framed within the context of focusing growth near destinations and mobility options; promoting diverse housing choices; leveraging technology innovations; supporting implementation of sustainability policies; and promoting a Green Region. To view Connect SoCal and the accompanying technical reports, please visit the Connect SoCal webpage. Connect SoCal builds upon the progress from previous RTP/SCS cycles and continues to focus on integrated, coordinated, and balanced planning for land use and transportation that helps the SCAG region strive towards a more sustainable region, while meeting statutory requirements pertinent to RTP/SCSs. These strategies within the regional context are provided as guidance for lead agencies such as local jurisdictions when the proposed project is under consideration. SCAG Staff Comments SCAG staff recommends that you review 2020 Connect SoCal and consider its adopted goals and policies when finalizing the proposed project. DEMOGRAPHICS AND GROWTH FORECASTS A key, formative step in projecting future population, households, and employment through 2045 for Connect SoCal was the generation of a forecast of regional and county level growth in collaboration with expert demographers and economists on Southern California. From there, jurisdictional level forecasts were ground -truthed by subregions and local agencies, which helped SCAG identify opportunities and barriers to future development. This forecast helps the region understand, in a very general sense, where we are expected to grow, and allows SCAG to focus attention on areas that are experiencing change and may have increased transportation needs. After a year-long engagement effort with all 197 jurisdictions one-on-one, 82 percent of SCAG’s 197 jurisdictions provided feedback on the forecast of future growth for Connect SoCal. SCAG also sought feedback on potentia l sustainable growth strategies from a broad range of stakeholder groups – including local jurisdictions, county transportation commissions, other partner agencies, industry groups, community-based organizations, and the general public. Connect SoCal utilizes a bottom- up approach in that total projected growth for each jurisdiction reflects feedback received from jurisdiction staff, including city managers, community development/planning directors, and local staff. Growth at the neighborhood level (i.e., transportation analysis zone (TAZ) reflects entitled projects and adheres to current general and specific plan maximum densities as conveyed by jurisdictions (except in cases where entitled projects and development agreements exceed these capacities as calculated by SCAG). Neighborhood level growth projections also feature strategies that help to reduce greenhouse gas emissions (GHG) from automobiles and light trucks to achieve Southern California’s GHG reduction target, approved by the California Air Resourc es Board (CARB) in accordance with state planning law. Connect SoCal’s Forecasted Development Pattern is utilized for long range modeling purposes and does not supersede actions taken by elected bodies on future development, including entitlements and development agreements. SCAG does not have the authority to implement the plan -- neither through decisions about what type of development is built where, nor what transportation projects are ultimately built, as Connect SoCal is adopted at the jurisdictional level. Achieving a sustained regional outcome depends upon informed and intentional local action. To access jurisdictional level growth estimates and forecasts for years 2016 and 2045, please refer to the Connect SoCal Demographics and Growth Forecast Technical Report. The growth forecasts for the region and applicable jurisdictions are below. 612 November 16, 2021 SCAG No. IGR10504 Ms. Flores Page 4 Adopted SCAG Region Wide Forecasts Adopted City of La Quinta Forecasts Year 2020 Year 2030 Year 2035 Year 2045 Year 2020 Year 2030 Year 2035 Year 2045 Population 19,517,731 20,821,171 21,443,006 22,503,899 41,315 43,734 45,034 47,662 Households 6,333,458 6,902,821 7,170,110 7,633,451 16,008 17,332 18,035 19,392 Employment 8,695,427 9,303,627 9,566,384 10,048,822 17,172 17,955 18,215 18,697 SCAG Staff Comments SCAG staff recommends including a reference to the population, housing, and employment trends and forecasts based on the most recently adopted SCAG 2020 Connect SoCal Regional Growth Forecasts to recognize the city’s planned growth. REGIONAL HOUSING NEEDS ALLOCATION On March 4, 2021 SCAG’s Regional Council adopted the 6th cycle Final Regional Housing Needs Assessment (RHNA) Allocation Plan which covers the planning period October 2021 through October 2029. The 6th cycle Final RHNA allocation for the applicable jurisdiction is below. SCAG 6th Cycle Final RHNA Allocation for City of La Quinta Income Category RHNA Allocation (Units) Very low income 420 Low income 269 Moderate income 297 Above moderate income 544 Total RHNA Allocation 1,530 Sixth cycle housing elements were due to the California Department of Housing and Community Development (HCD) by October 15, 2021. SCAG encourages jurisdictions to adopt a housing element in compliance with State housing law as determined by review from HCD. Jurisdictions that do not have an adopted compliant housing element may be ineligible for certain State funding and grant opportunities and may be at risk for legal action from stakeholders or HCD. SCAG staff would like to call your attention to SCAG’s HELPR 2.0, a web-mapping tool developed by SCAG to help local jurisdictions and stakeholders understand local land use, site opportunities, and environmental sensitivities for aligning housing planning with the state Department of Housing and Community Development’s (HCD) 6th cycle housing element requirements. SCAG Staff Comments Table 1 Regional Housing Needs Assessment, 2021-2029 on page 2 of the IS/ND includes the correct Final RHNA Allocation numbers. ENVIRONMENTAL JUSTICE SCAG Staff Comments Per Senate Bill 1000 (SB 1000), local jurisdictions in California with disadvantaged communities are required to develop an Environmental Justice (EJ) Element or consider EJ goals, policies, and objectives in their General Plans when updating two or more General Plan Elements. The City of Laguna Woods does not have any disadvantaged communities but if the City would like to consider environmental justice in its General Plan Update, SCAG staff 613 November 16, 2021 SCAG No. IGR10504 Ms. Flores Page 5 recommends that you review the Environmental Justice Technical Report and the updated Environmental Justice Toolbox, which is a resource document to assist local jurisdictions in developing EJ -related goals and policies regarding solutions for EJ-related community issues. 614 City of La Quinta CITY COUNCIL MEETING: February 15, 2022 STAFF REPORT AGENDA TITLE: REQUEST TO CONTINUE PUBLIC HEARING TO APPROVE DEVELOPMENT AGREEMENT FOR POLO VILLAS RESIDENCES; CEQA: THE PROJECT IS CONSISTENT WITH PREVIOUSLY ADOPTED ENVIRONMENTAL ASSESSMENTS 2005-537 AND 2010-608; LOCATION: WEST OF MADISON STREET BETWEEN AVENUES 50 AND 52 RECOMMENDATION Continue the public hearing to March 1, 2022 to ensure noticing requirements comply with the La Quinta Municipal Code. EXECUTIVE SUMMARY  Tract 33085 was approved by City Council December 5, 2017, for seven (7) units south of Beth Circle and Tract 36279 was approved by City Council March 17, 2015, for 11 units, north of Beth Circle (Attachment 1). Mitigated Negative Declarations (MND) were also adopted for each Tract.  Tract 36279 was built in 2015/2016 and the 11 units each currently have had active Short-Term Vacation Rental (STVR) permits since September 2016. Tract 33085 has not yet been built.  The applicant is proposing a development agreement to continue the short-term rental of the existing 11 units and allow the seven units (not yet built) to be rented short-term.  The Planning Commission at its regular meeting of January 25, 2022, voted to recommend City Council approve the development agreement. FISCAL IMPACT The project is estimated to generate revenue primarily through property taxes, development impact fees (DIF), property taxes in-lieu of vehicle license fees and transient occupancy tax (TOT). The following projections are included in the Fiscal Impact Study prepared by the applicant (Attachment 2). PUBLIC HEARING ITEM NO. 2 615 Estimated Fiscal Impact at Build-out Recurring Revenues Property Tax $23,263 Property Tax in lieu of VLF $7,731 Transient Occupancy Tax $831,183 Off-site Sales Tax $43,849 Other revenues $36,140 Total Recurring Revenues $942,166 Recurring Expenditures (i.e., Police, Fire, City staff) $131,577 Net Fiscal Surplus $810,589 The additional costs incurred to the City as a result of the project are less than the additional revenues generated; therefore, resulting in a net positive fiscal impact. BACKGROUND/ANALYSIS The Polo Villas residential development is comprised of 18 units within two (2) tract maps numbered 33085 and 36279 (Attachment 1). The tentative tract map for Tract 33085 was approved and a MND was adopted for seven (7) units on December 6, 2005. The final tract map was approved and recorded in December 2017. The tentative tract map for Tract 36279 was approved and a MND was adopted for 11 units on August 2, 2011. The final tract map was approved in March 2015 and recorded in April 2015. Of the 18 units, 11 have been built and currently have active STVR permits since 2016. In May 2021, the City Council adopted an ordinance that places a permanent ban on issuance of new STVR permits, with the exception of units within the Village and Tourist Commercial zones and developments subject to a development agreement (DA) that stipulate short-term rental is allowed, among other specified exceptions. Those with current active STVR permits may continue to operate as STVRs, but STVR permits are not transferable and expire when an owner sells their property to a new owner. In this case, the applicant (GTGF, LLC) has a purchase and sale agreement to buy the 18 properties from the current owner (Desert Polo Land Company, LLC) and wishes to enter into a DA with the City to allow STVRs to continue to operate. Government Code Section 65864 and the La Quinta Municipal Code (LQMC) Section 9.250.020 allow applicants to enter into DAs with the City. 616 Development Agreement Terms The terms of the draft DA (Exhibit A) are summarized below:  The project shall be constructed in accordance with project approvals and shall consist of a residential single-family development specifically developed and available for use as primary residences, secondary residences, and/or short-term vacation rental residences, with the following components: o Annual permitting fees to be consistent with the City’s fee program; o Any rental or occupancy of 30 nights or less to be subject to the City’s then-current transient occupancy tax for short-term vacation rentals; o Rental or occupancy agreements, and material renter or occupant information, shall be retained for a minimum of three (3) years (or other retention period as may be approved by City policy or code) by the applicant or their authorized management company for the short-term vacation rentals at the site; o Occupancy in any residence, including residences used as short- term vacation rentals, shall be capped at two (2) persons per bedroom, plus no more than four (4) additional occupants; and o Each of the residences shall allow for transient occupancy, 30 days or less.  A performance schedule for construction of the seven (7) units on the south side of the project.  The term of the DA shall be for 50 years.  The DA shall be reviewed on an annual basis. Findings Council is required to make the following findings on the DA per LQMC Section 9.250.020.  Consistency with the objectives, policies, general land uses, and programs specified in the General Plan and any applicable specific plan as follows: o Policy LU-6.3: Support and encourage the expansion of the resort industry as a key component of the City’s economic base. 617 o Policy LU-3.1: Encourage the preservation of neighborhood character and assure a consistent and compatible land use pattern. o Goal ED-1: A balanced and varied economic base serving both the City’s residents and the region. o Goal ED-2: The continued growth of the tourism and resort industries in the City. o The properties are available and must be used for residential purposes which is consistent with the land use pattern in the area. The properties would also be able to be used for short-term vacation rental residences thus contributing to the economic base and tourism industry of the City.  Compatibility with the uses authorized in and the regulations prescribed for the land use district in which the real property is located: o The properties are available and must be used for residential purposes, and may be the residents’ primary residence or secondary residences, and/or may be used for short-term vacation rental residences, which residential use is consistent with the permissible uses of the land use district the property is located in. This is appropriate for the area given the proximity to surrounding residential areas and polo fields to the east of Madison Street.  Conformity with the public necessity, public convenience, general welfare and good land use practices: o The properties may be used as residences which is consistent with the surrounding area.  Will not be detrimental to the health, safety and general welfare: o The properties may be used as residences which is consistent with the surrounding area.  Will not adversely affect the orderly development of property or the preservation of property values: o The DA facilitates development of high-quality homes and extends residential development along Madison Street in the project area.  Will have a positive fiscal impact on the City: o The fiscal study prepared for the DA shows a positive fiscal impact on the City from revenues gained through payment of certain development impact fees for undeveloped units, increased property taxes and transient occupancy taxes when units are rented on a short-term basis (Attachment 2). 618 AGENCY AND PUBLIC REVIEW Public Agency Review This request was sent to all applicable City departments and all applicable comments have been adequately addressed. Public Notice This project was advertised in The Desert Sun newspaper on February 4, 2022 and on February 12, 2022. The hearing notice was also mailed to residents and occupants within a 500 ft. radius of the project site. No written comments have been received as of the date of this writing. Any written comments received will be handed out at the City Council meeting. To ensure compliance with noticing requirements of the Municipal Code, Staff is requesting a continuance of the matter to March 1, 2022. Planning Commission Review At its regular meeting of January 25, 2022, the Planning Commission adopted Planning Commission Resolution No. 2022-004 recommending Council approval of the proposed development agreement. ENVIRONMENTAL REVIEW The Design and Development Department has determined that the proposed project is consistent with MND EA2005-537 adopted by City Council on December 6, 2005, by Resolution No. 2005-097 and MND EA2010-608 adopted on August 2, 2011, by Resolution No. 2011-073, in that the properties are available and must be used for residential purposes as primary or secondary residences or short-term rental residences. Prepared by: Cheri Flores, Planning Manager Approved by: Danny Castro, Design and Development Director Attachments: 1. Vicinity Map 2. Fiscal Impact Study 619 620 ORDINANCE NO. XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND GTGF, LLC RELATING TO POLO VILLAS RESIDENCES AND A FINDING THAT THE PROJECT IS CONSISTENT WITH ENVIRONMENTAL ASSESSMENTS 2005-537 AND 2010-608 CASE NUMBER: DEVELOPMENT AGREEMENT 2021-0003 APPLICANT: GTGF, LLC WHEREAS, California Government Code Section 65864 et seq. (the "Development Agreement Law") authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning, and identifying the economic costs of such development; and WHEREAS, the Planning Commission of the City of La Quinta, California did, on January 25, 2022, hold a duly noticed Public Hearing and after review and consideration of this item, and hearing all public testimony, adopt Planning Commission Resolution 2022-004 and recommended approval of said Development Agreement for the Polo Villas residences, generally located west of Madison Street, south of Avenue 50 and north of Avenue 52; and WHEREAS, the City Council of the City of La Quinta, California did, on February 15, 2022, hold a duly noticed Public Hearing to consider the request for a Development Agreement for the Polo Villas residences; and WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on February 4, 2022, as prescribed by the Municipal Code; and WHEREAS, Design and Development Department determined that the project is consistent with Mitigated Negative Declarations adopted December 6, 2005 (EA2005-537) and August 2, 2011 (EA2010-608) and no further environmental review is required under the California Environmental Quality Act. The Planning Commission considered this determination prior to their recommendation; and 621 Ordinance No. XX Polo Villas Residences Adopted: Page 2 of 5 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did make the following mandatory findings to justify approval of said Development Agreement (Exhibit A): 1. The Development Agreement is consistent with the applicable objectives, policies, general land uses and programs of the La Quinta General Plan as follows: a. Policy LU-6.3: Support and encourage the expansion of the resort industry as a key component of the City’s economic base. b. Policy LU-3.1: Encourage the preservation of neighborhood character and assure a consistent and compatible land use pattern. c. Goal ED-1: A balanced and varied economic base serving both the City’s residents and the region. d. Goal ED-2: The continued growth of the tourism and resort industries in the City. e. The properties are available and must be used for residential purposes which is consistent with the land use pattern in the area. The properties would also be able to be rented as short- term vacation rental residences thus contributing to the economic base and tourism industry of the City. 2. The Development Agreement is compatible with the uses authorized and the regulations prescribed for the land use district in which the real property is located. The properties are available and must be used for residential purposes, and may be the residents’ primary residence or secondary residences, and/or may be used for short-term vacation rentals, which residential use is consistent with the permissible uses of the land use district the property is located in. This is appropriate for the area given the proximity to surrounding residential and polo fields to the east of Madison Street. 3. The Development Agreement is in conformity with the public necessity, public convenience, general welfare and good land use practices. The project may be used as residences, which is consistent with the surrounding area and extends residential development along Madison Street in the project area. 4. The Development Agreement will not be detrimental to the health, safety and general welfare. The project may be used as residences, which is consistent with the surrounding area. 5. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values in that 622 Ordinance No. XX Polo Villas Residences Adopted: Page 3 of 5 it facilitates development of high-quality homes and extends residential development along Madison Street in the project area. 6. The Development Agreement will have a positive fiscal impact on the City, in that implementation of the Development Agreement will produce revenues through payment of certain development impact fees, increased property taxes, and transient occupancy taxes, when units are rented on a short-term basis. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. FINDINGS AND APPROVAL: That the above recitations are true and constitute the Findings of the City Council in this case. SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 3. POSTING: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the permanent record of Ordinances of the City of La Quinta. SECTION 4. CORRECTIVE AMENDMENTS: the City Council does hereby grant the City Clerk the ability to make minor amendments and corrections of typographical or clerical errors to “Exhibit A” to ensure consistency of all approved text amendments prior to the publication in the La Quinta Municipal Code. SECTION 5. SEVERABILITY: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 15th day of February, 2022, by the following vote: 623 Ordinance No. XX Polo Villas Residences Adopted: Page 4 of 5 AYES: NOES: ABSENT: ABSTAIN: _______________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: _______________________________ MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: __________________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 624 Ordinance No. XX Polo Villas Residences Adopted: Page 5 of 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. (enter number) which was introduced at a regular meeting on the ______ day of ______________, 2022, and was adopted at a regular meeting held on the _________ day of ________________, 2022, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No. 2015-023. _______________________ MONIKA RADEVA, City Clerk City of La Quinta, California DECLARATION OF POSTING I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on , pursuant to Council Resolution. _______________________ MONIKA RADEVA, City Clerk City of La Quinta, California 625 626 2905/015610-0183 17230608.13 a02/10/22 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk Space Above This Line for Recorder’s Use (Exempt from Recording Fee per Gov’t Code §6103 and §27383) DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND GTGF, LLC ORDINANCE NO. XXX EXHIBIT A ADOPTED: _________, 2022 627 2905/015610-0183 17230608.13 a02/10/22 -1- DEVELOPMENT AGREEMENT This Development Agreement (the “Agreement”) is entered into as of the day of ____________ ___, 2022 (“Reference Date”), by and between the CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the Constitution of the State of the California (“City”), and GTGF, LLC, a Delaware limited liability company, (“Developer”), with reference to the following: RECITALS: A. Government Code Section 65864 et seq. (“Development Agreement Act”) authorizes City to enter into a binding development agreement for the development of real property within its jurisdiction with persons having legal or equitable interest in such real property. B. Pursuant to Government Code Section 65865, City has adopted its Development Agreement Ordinance (La Quinta Municipal Code Section 9.250.020) establishing procedures and requirements for such development agreements (“Development Agreement Ordinance”). C. Developer has an equitable interest pursuant to that certain Agreement of Purchase and Sale entered into on or about October 27, 2021, by and between Developer (as Buyer) and Desert Polo Land Company, LLC, a Delaware limited liability company (as Seller) (the “Purchase/Sale Agreement”), for the purchase to own certain improved real property consisting of 11 single-family residence (SFR) properties located on multiple parcels at the addresses 51005- 51205 Evangeline Way, La Quinta, CA 92553, and certain vacant real property consisting of 7 unimproved residential lots with Assessor Parcel Numbers (“APNs”) 777-500-016 thru -022 and 777-500-025, in the City of La Quinta, County of Riverside, State of California, as more particularly described in the legal descriptions in Exhibit A attached hereto and incorporated herein by this reference (collectively, the “Property” and each individual parcel (whether improved or vacant) may be referred to herein as “One of the Properties”), and more particularly depicted with corresponding APNs on the Site Map attached hereto as Exhibit B and incorporated herein by this reference (the “Site”). D. Developer has duly submitted an application for a development agreement and environmental assessment for the development of the Property and/or improvements to previously improved portions of the Property, to use as a residential community that includes and would allow for the development, permitting, operation and use of eighteen (18) residences constructed or be constructed within the Site as short-term vacation rentals pursuant to Chapter 3.25 of the La Quinta Municipal Code (briefly summarized here as the “Project” and more fully defined below in this Agreement). (For reference purposes only, a copy of Chapter 3.25, as that chapter exists on the Effective Date, is attached to this Agreement as Exhibit E.) The Project is more fully described in, and subject to (i) this Agreement, (ii) the City’s General Plan,(iii) Final Tract Map Nos. 36279 and 33085, and any conditions of approval appurtenant thereto (iv) any applicable Specific Plan or Site Development Permit in effect as of the Effective Date, and any conditions of approval appurtenant thereto, (v) any future discretionary or ministerial approvals and/or permits issued for the Property, Site or Project (collectively, the “Project Site Development Permits”); and (vi) any future subdivision maps approved for the Property, Site, or Project, (collectively, the “Future Tract Maps”). The documents, permits, approvals, and conditions described in the foregoing clauses (i)- 628 2905/015610-0183 17230608.13 a02/10/22 -2- (vi) are collectively referred to herein as the “Project Approvals,” and are, or when approved or issued shall be, on file with the City Clerk. E. A condition for the closing of the escrow for the Property as set forth in the Purchase/Sale Agreement is the entering into a development agreement between Developer and City. This Agreement is in furtherance of satisfying said condition to closing. Therefore, pursuant to the terms and conditions of the Purchase/Sale Agreement and this Agreement, as of the recording date of this Agreement, Developer owns fee simple title to the Property, and by their execution of this Agreement, City and Developer consent to recordation of this Agreement against the Property, including, without limitation, each One of the Properties that comprise the Site. F. Consistent with Section 9.250.020 of the La Quinta Municipal Code, City and Developer desire to enter into a binding agreement that shall be construed as a development agreement within the meaning of the Development Agreement Act. This Agreement will eliminate uncertainty in planning for and secure the orderly development of the Project, ensure a desirable and functional community environment, provide effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, and assure attainment of the maximum effective utilization of resources within the City, by achieving the goals and purposes of the Development Agreement Act. In exchange for these benefits to City, Developer desires to receive the assurance that it may proceed with development of the Project in accordance with the terms and conditions of this Agreement and the Project Approvals, all as more particularly set forth herein. G. The Planning Commission and the City Council have determined that the Project and this Agreement are consistent with the City’s General Plan, including the goals and objectives thereof. H. All actions taken by City have been duly taken in accordance with all applicable legal requirements, including the California Environmental Quality Act (“CEQA”), and all other requirements for notice, public hearings, findings, votes and other procedural matters. I. On _________, 2022, the City Council adopted its Ordinance No. ___ approving this Agreement. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the Parties do hereby agree as follows: 1. GENERAL 1.1 Definitions 1.1.1 “Affiliated Party” shall mean (i) any person or entity that directly or indirectly owns or has voting or management rights of Developer or its members or managers, (ii) any entity that is directly or indirectly owned, controlled or managed by Developer 629 2905/015610-0183 17230608.13 a02/10/22 -3- or its members or managers, or such members’ or managers’ shareholders, or (iii) any entity that is a permitted assignee under the Purchase/Sale Agreement which meets the criteria in either clause (i) or (ii) of this Section 1.1.1. 1.1.2 “Agreement” means this Development Agreement and all amendments and modifications thereto. 1.1.3 “Applicable Rules” means the rules, regulations, ordinances and officially adopted policies of the City of La Quinta in full force and effect as of the Effective Date of this Agreement, including, but not limited to, the City’s General Plan, Chapter 3.25 of the La Quinta Municipal Code, and any applicable zoning ordinance and specific plan. Additionally, notwithstanding the language of this Section or any other language in this Agreement, all specifications, standards and policies regarding the design and construction of public works facilities required with respect to the Project, if any, shall be those that are in effect at the time any of said Project applications and plans are being processed for approval and/or under construction. 1.1.4 “Assignment and Assumption Agreement” shall have the meaning set forth in Section 1.8.1 of this Agreement. 1.1.5 “CEQA” means the California Environmental Quality Act (Cal. Public Resources Code Sections 21000 et seq.) and the State CEQA Guidelines (Cal. Code of Regs., Title 14, Sections 15000 et seq.). 1.1.6 “City” means the City of La Quinta, a charter city and municipal corporation, including each and every agency, department, board, commission, authority, employee, and/or official acting under the authority of the City, including without limitation the City Council and the Planning Commission. 1.1.7 “City Council” means the City Council of the City and the legislative body of the City pursuant to California Government Code Section 65867. 1.1.8 “Development Director” means the Director of the City’s Design and Development Department, or his or her designee. 1.1.9 “Developer” means the Developer identified in the preamble of this Agreement. 1.1.10 “Development Agreement Act” means Section 65864 et seq., of the California Government Code. 1.1.11 “Discretionary Action” means an action which requires the exercise of judgment, deliberation or a decision on the part of City, including any board, commission, committee, or department or any officer or employee thereof, in the process of approving or disapproving a particular activity, as distinguished from an activity which merely requires City, including any board, commission or department or any officer or employee thereof, to determine whether there has been compliance with statutes, ordinances, regulations, or other adopted policies. 630 2905/015610-0183 17230608.13 a02/10/22 -4- 1.1.12 “Effective Date” shall have the meaning set forth in Section 1.3 of this Agreement. 1.1.13 “Future Tract Maps” shall have the meaning set forth in Recital D. 1.1.14 “General Plan” means the General Plan of the City. 1.1.15 “Insubstantial Modification” shall have the meaning set forth in Section 1.6(a) of this Agreement. 1.1.16 “New Laws” means amendments or modifications to the Applicable Rules, and all ordinances, resolutions, initiatives, regulations, rules, laws, plans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, departments, agencies, and committees enacted or adopted after the Effective Date. 1.1.17 [reserved] 1.1.18 “Parties” means collectively Developer and City. Each shall be referred to in the singular as a “Party”. 1.1.19 “Performance Schedule” shall mean the performance schedule for the Project attached hereto as Exhibit D and incorporated herein by reference, and as further described in Section 3.3. 1.1.20 “Planning Commission” means the City Planning Commission and the planning agency of the City pursuant to California Government Code Section 65867. 1.1.21 “Project” means the development, improvement, use and operation of the Site as set forth in more detail in Section 3.1. 1.1.22 “Project Approvals” shall have the meaning set forth in Recital D. 1.1.23 “Purchase/Sale Agreement” shall have the meaning set forth in Recital C. 1.1.24 “Reserved Powers” means the rights and authority excepted from this Agreement’s restrictions on City’s police powers and which are instead reserved to City, its City Council, Planning Commission, and all other City boards, commissions, departments, agencies, and committees. The Reserved Powers include the powers to enact or adopt New Laws or take future Discretionary Actions after the Effective Date of this Agreement that may be in conflict with the Applicable Rules and Project Approvals, except such New Laws which would prevent, or materially impair Developer’s ability to develop the Project and/or use the Property and Site in accordance with the Project Approvals and this Agreement; provided, however, that with respect to such New Laws which would conflict with this Agreement or 631 2905/015610-0183 17230608.13 a02/10/22 -5- prevent, or materially impair Developer’s ability to develop or use the Project in accordance with the Project Approvals, such New Laws shall apply to the Project and the Site only if such New Laws are: (1) necessary to protect the public health and safety, and are generally applicable on a City-wide basis in furtherance of the identified public health and safety concern (except in the event of natural disasters as found by the City Council such as floods, earthquakes and similar acts of God, which shall apply even if not applicable on a City-wide basis); (2) amendments to Uniform Codes, as adopted by City, and/or the La Quinta Municipal Code, as applicable, regarding the construction, engineering and design standards for private and public improvements to be constructed on the Property or at the Site; (3) required by a non-City governmental entity to be adopted by or applied by the City (or, if adoption is optional, the failure to adopt or apply such non-City law or regulation would cause the City to sustain a material loss of funds or material loss of access to funding or other resources, with “material loss” in this clause (3) meaning Seventy Five Thousand Dollars ($75,000.00) or more, as such minimum threshold amount of $75,000 may be adjusted as of January 1 of each calendar year (the “Adjustment Date”) during the Term of this Agreement by any increases in the Consumer Price Index for All Urban Consumers for the Riverside-San Bernardino-Ontario, California areas (1982-84=100) from the Effective Date to the applicable Adjustment Date), (4) necessary to comply with state or federal laws and regulations (whether enacted previous or subsequent to the Effective Date of this Agreement), or (5) adopted by the City on a City wide basis and applied to the Property (and each One of the Properties) and the Site in a non-discriminatory manner that does not prevent or materially impair Developer’s ability to develop the Project and/or operate or use the Site and Project in accordance with the Project Approvals and this Agreement. 1.1.25 “Site” shall have the meaning set forth in Recital C. 1.1.26 [reserved] 1.1.27 “Site Map” means the map that shows the location of the Site and immediately adjacent properties, which is attached hereto as Exhibit B. 1.1.28 [reserved] 1.1.29 “Term” means the period of time for which the Agreement shall be effective in accordance with Section 1.2 herein. 1.1.30 “Transferee” means individually or collectively, Developer’s successors in interest, assignees or transferees of all or any portion of the Site. 1.1.31 “Uniform Codes” means those building, electrical, mechanical, plumbing, fire and other similar regulations of a City-wide scope which are based on recommendations of a multi-state professional organization and become applicable throughout the City, such as, but not limited to, the Uniform Building Code, the Uniform Electrical Code, the Uniform Mechanical Code, Uniform Plumbing Code, or the Uniform Fire Code (including those amendments to the promulgated uniform codes which reflect local modification to implement the published recommendations of the multi-state organization and which are applicable City-wide). 1.1.32 “Zoning Ordinance” means Title 9 of the La Quinta Municipal Code. 632 2905/015610-0183 17230608.13 a02/10/22 -6- 1.2 Term. The term of this Agreement shall commence on the Effective Date and shall continue for fifty (50) years thereafter, unless said term is otherwise terminated, modified, or extended by circumstances set forth in this Agreement or by mutual consent of the Parties after the satisfaction of all applicable public hearing and related procedural requirements. 1.3 Effective Date. This Agreement shall be effective, and the obligations of the Parties hereunder shall be effective, as of __________________ (“Effective Date”), which is the date that Ordinance No. _____ takes effect. 1.4 Statement of Benefits and Consideration. The Parties have determined that a development agreement is appropriate for the construction and operation of the Project due to the substantial benefits to be derived therefrom. City finds and determines that the Project is in the best interests of the health, safety and general welfare of City and its residents, and that entering into this Agreement constitutes a valid, present exercise of its police power. City has undertaken the necessary proceedings, has found and determined that this Agreement is consistent with the General Plan, and has adopted Ordinance No._____ approving this Agreement. As a result of the development of the Project in accordance with this Agreement, City will receive substantial benefits. In consideration of the substantial benefits, commitments, and consideration to be provided by Developer pursuant to this Agreement, and in order to strengthen the public planning process and reduce the economic costs of development, City hereby provides Developer assurance that Developer can proceed with the construction and use of the Project at the Site for the Term of this Agreement pursuant to the Applicable Rules and this Agreement. Developer would not enter into this Agreement or agree to provide the public benefits, commitments and consideration described in this Agreement if it were not for the certainty provided by this Agreement that the Project and the Site can be constructed and used during the Term of this Agreement in accordance with the Applicable Rules and this Agreement. 1.5 City CEQA Findings. City finds that review of the environmental impacts of this Agreement, and the Project as a whole, has been conducted in accordance with the provisions of CEQA and the state and local procedural review requirements adopted thereunder. City has given consideration to such environmental review prior to its approval of this Agreement and the Project, and has undertaken all actions necessary to comply with CEQA. 1.6 Modification or Amendment of this Agreement. Except as expressly stated to the contrary herein, this Agreement may be modified or amended from time to time, in whole or in part, only by mutual written consent of the Parties or 633 2905/015610-0183 17230608.13 a02/10/22 -7- their successors in interest, consistent with Government Code Sections 65867-65868, the City’s Development Agreement Ordinance, and the following terms: (a) Insubstantial Modifications. The Parties acknowledge that refinements and further development of the Project may demonstrate that minor changes are appropriate with respect to the details of the Project development and the performance of the parties under this Agreement. The Parties desire to retain a certain degree of flexibility with respect to the details of the Project development and with respect to those items covered in general terms under this Agreement, and thus desire to provide a streamlined method of approving insubstantial modifications to this Agreement. Therefore, any minor modification to this Agreement which does not modify (i) the Term of this Agreement; (ii) permitted uses of the Site, (iii) maximum density or intensity of use, except as specifically allowed in the Project Approvals, (iv) provisions for the reservation or dedication of land, (v) conditions, terms, restrictions or requirements for subsequent discretionary actions, or (vi) monetary obligations of Developer (hereinafter an “Insubstantial Modification”), and that can be processed under CEQA either as not a “project” under CEQA or as exempt from CEQA shall not require a public hearing prior to the parties executing a modification to this Agreement. Either Party may propose an Insubstantial Modification, consent to which shall not be unreasonably withheld, conditioned, or delayed by the other Party. Upon the written request of Developer for a modification to this Agreement, the City Manager or his/her designee shall determine, in his/her sole discretion: (1) whether, in his/her reasonable judgment, the requested modification constitutes an “Insubstantial Modification,” as defined herein; (2) whether the requested modification is consistent with Applicable Rules (other than that portion of this Agreement sought to be modified); and (3) whether, in his/her reasonable judgment, the requested modification tends to promote the goals of this Agreement. If the City Manager or his/her designee determines that the requested modification is an “Insubstantial Modification” that is consistent with Applicable Rules and tends to promote the goals of this Agreement, the proposed modification will be approved by the City as an Insubstantial Modification, and a written modification will be executed by the Parties and attached to this Agreement. Any such Insubstantial Modification shall not be deemed an “amendment” to this Agreement under Government Code Section 65858. (b) Substantial Amendments. Except as otherwise described in Section 1.6(a) of this Agreement, amendments to this Agreement shall be “Substantial Amendments” which require notice and a public hearing pursuant to California Government Code Section 65868. (d) Parties Required to Amend. Where a portion of Developer’s rights or obligations have been transferred, assigned, and assumed pursuant to Section 1.8 of this Agreement, the signature of the person or entity to whom such rights or obligations have been assigned shall not be required to amend this Agreement unless such amendment would materially alter the rights or obligations of such assignee/transferee hereunder. 1.6.1 Effect of Amendment. Any amendment to this Agreement shall be operative only as to those specific portions of this Agreement expressly subject to the amendment, and all other terms and conditions of this Agreement shall remain in full force and effect without interruption. 634 2905/015610-0183 17230608.13 a02/10/22 -8- 1.7 Termination; Applicable to All of the Property. Unless terminated earlier, pursuant to the terms hereof, this Agreement shall automatically terminate and be of no further effect upon the expiration of the Term of this Agreement as set forth in Section 1.2. Termination of this Agreement, for any reason, shall not, by itself, affect any right or duty arising from entitlements or approvals set forth under the Project Approvals. Any termination of this Agreement shall affect each and every One of the Properties and the entire Property and the Site, and no owner of One of the Properties may apply for a termination or terminate this Agreement with respect to that owner’s One of the Properties unless all of the owners of the Property and each and every One of the Properties apply for and seek to terminate this Agreement for the entire Property and Site. In explanation of the foregoing, this Agreement shall apply to each One of the Properties for the entire duration of the Term, and no One of the Properties may be released from or excused for performance under this Agreement by way of terminating this Agreement for that One of the Properties, unless all of the Property and Site are released from this Agreement. 1.8 Assignment of Interests, Rights and Obligations. Developer may transfer or assign all or any portion of its interests, rights or obligations under this Agreement to third parties acquiring an interest or estate in any One of the Properties, the Property and/or the Site, or any portion thereof, including, without limitation, purchasers or ground lessee(s) of lots, parcels or facilities, subject to the following: 1.8.1 Assignment and Assumption Agreements. (a) In connection with the transfer or assignment by Developer of all or any portion of the Property and/or the Site (other than a transfer or assignment by Developer to a Mortgagee, defined below), Developer and the transferee shall enter into a written agreement (an “Assignment and Assumption Agreement”) regarding the respective interests, rights and obligations of Developer and the transferee in and under this Agreement. Such Assignment and Assumption Agreement may: (i) release Developer from obligations under this Agreement pertaining to that portion of the Property and/or Site being transferred, as described in the Assignment and Assumption Agreement, provided that the transferee expressly assumes such obligations; (ii) transfer to the transferee vested rights to develop and/or improve and use that portion of the Property and/or Site being transferred; and (iii) address any other matter deemed by Developer to be necessary or appropriate in connection with the transfer or assignment. (b) Developer shall obtain City’s prior written consent to any Assignment and Assumption Agreement (other than a transfer or assignment by Developer to an Affiliated Party or a Mortgagee), which consent shall not be unreasonably withheld, conditioned or delayed. Failure by City to respond within thirty (30) days to any request made by Developer for such consent shall be deemed to be City’s unconditional approval of the Assignment and Assumption Agreement in question. City may refuse to give its consent only if, in light of the proposed transferee’s reputation and financial resources, such transferee would not in City’s reasonable opinion be able to perform the obligations proposed to be assumed by such transferee. Such determination shall be made by the City Manager in consultation with the City Attorney and is appealable by Developer directly to the City Council. 635 2905/015610-0183 17230608.13 a02/10/22 -9- (c) An Assignment and Assumption Agreement shall be binding on Developer, City and the transferee provided (i) Developer is not then in default under this Agreement, (ii) Developer has provided notice to City of such transfer, and City has approved the transfer, and (iii) the transferee executes and delivers to City a written agreement in which (a) the name and address of the transferee is set forth and (b) the transferee expressly and unconditionally assumes each and every obligation of Developer under this Agreement with respect to the Property and/or Site, or portion thereof, being transferred (to the extent Developer has not retained a continuing obligation), (c) Developer no longer has any legal or equitable interest in the Property and/or Site or the portion thereof sold or transferred, as applicable, and (d) City has, in the exercise of its reasonable discretion, satisfied itself of transferee’s ability to assume those Developer obligations under this Agreement being assigned. Upon recordation of any Assignment and Assumption Agreement in the Official Records of Riverside County, Developer shall automatically be released from those obligations assumed by the transferee therein. (d) Developer shall be free from any and all liabilities accruing on or after the date of any assignment or transfer with respect to those obligations assumed by a transferee pursuant to an Assignment and Assumption Agreement. No breach or default hereunder by any person succeeding to any portion of Developer’s obligations under this Agreement shall be attributed to Developer, nor may Developer’s rights hereunder be canceled or diminished in any way by any breach or default by any such person following Developer’s release of obligations under the Project Approvals pursuant to an Assignment and Assumption Agreement assigning Developer’s obligations to that successor. (e) The City may assign or transfer any of its rights or obligations under this Agreement with the approval of the Developer, which approval shall not be unreasonably withheld. 1.8.2 Transfers for Mortgages. Any transfers or assignments for any Mortgagee shall be subject to the provisions in Article 7 of this Agreement. 1.8.3 Transfers to Affiliated Parties. Developer, or any Affiliated Party of Developer, may at any time and without City’s prior consent, transfer all or any portion of its rights and obligations under this Agreement to any Affiliated Party of such Transferor and, in connection with the transfer of any such obligations, be released from such obligations. Developer shall deliver to City, no later than ten (10) days after such transfer an Assignment and Assumption Agreement memorializing the transfer of Developer’s rights and obligations under this Agreement to an Affiliated Party, along with that Affiliated Party’s contact information for notices to be delivered pursuant to this Agreement. 636 2905/015610-0183 17230608.13 a02/10/22 -10- 2. AGREEMENTS AND ASSURANCES 2.1 Agreement and Assurance on the Part of Developer. In consideration for City entering into this Agreement, and as an inducement for City to obligate itself to carry out the covenants and conditions set forth in this Agreement, and in order to effectuate the purposes and intentions set forth in the Recitals of this Agreement, Developer hereby agrees that the terms and conditions of this Agreement, including the Project Approvals incorporated herein, shall govern development and operation of the Site for the Term of this Agreement. 2.2 Agreement and Assurances on the Part of the City. In consideration for Developer entering into this Agreement, and as an inducement for Developer to obligate itself to carry out the covenants and conditions set forth in this Agreement, and in order to effectuate the purposes and intentions set forth in this Agreement, City hereby agrees as follows: 2.2.1 Vested Entitlement to Develop. Developer has the vested right to develop, improve, operate and use the Property, Site, and Project subject to the terms and conditions of this Agreement, the Applicable Rules, Project Approvals and the Reserved Powers. It is the intent of City and Developer that the vesting of development rights of Developer shall include the permitted land uses, densities, and intensities of use of the Property and the Site, timing or phasing of development, zoning, provisions for the reservation or dedication of land for public purposes, and the location and size of public improvements, as well as those other terms and conditions of development of the Project as set forth in this Agreement and the other Project Approvals. Developer’s vested rights under this Agreement shall also include, without limitation, the right to remodel, renovate, rehabilitate, rebuild or replace all improvements on the Property and the Site within the Project (or any portion thereof) throughout the applicable Term for any reason, including, without limitation, in the event of damage, destruction or obsolescence of the existing development or the Project or any portion thereof, subject to the terms and conditions of this Agreement, the Applicable Rules, Project Approvals and the Reserved Powers. Such vesting shall expire upon the earlier of the following occurrences: (a) termination of this Agreement, or (b) expiration of the Term of this Agreement. Except for the expiration set forth in clause (b) of the preceding sentence, the expiration of the vesting right set forth in the preceding sentence shall not terminate any obligations of Developer under this Agreement that (x) have accrued prior to termination of this Agreement or (y) that expressly survive the termination of this Agreement, such as indemnification obligations. Notwithstanding anything in this Agreement to the contrary, the Project shall remain subject to the following, to the same extent it would without this Agreement: (i) all Applicable Rules, unless modified by or in conflict with the provisions of this Agreement; (ii) the right to develop, improve, and use the Property (and each One of the Properties) and the Site for short-term vacation rentals; 637 2905/015610-0183 17230608.13 a02/10/22 -11- (iii) all New Laws applied to Developer through the City’s Reserved Powers; (iv) all subsequent development approvals and the conditions of approval associated therewith, including but not limited to any further site development permits, tract maps, and building permits; (v) the payment of all fees or exactions in the categories and in the amounts as required at the time such fees are due and payable, which may be at the time of issuance of building permits, or otherwise as specified by applicable law, as existing at the time such fees are due and payable; and (vi) the reservation or dedication of land for public purposes or payment of fees in lieu thereof as required at the time such reservations or dedications or payments in lieu are required under applicable law to be made or paid. 2.2.2 Changes in Applicable Rules. (A) Nonapplication of Changes in Applicable Rules. Any change in, or addition to, the Applicable Rules, including, without limitation, any change in the General Plan or Specific Plan, zoning or building regulation, adopted or becoming effective after the Effective Date, including, without limitation, any such change by means of ordinance, City Charter amendment, initiative, referendum, resolution, motion, policy, order or moratorium, initiated or instituted for any reason whatsoever and adopted by the City, City Council, Planning Commission or any other board, commission, department or agency of the City, or any officer or employee thereof, or by the electorate, as the case may be, which would, absent this Agreement, otherwise be applicable to the Property, Site, and/or to the Project and which would conflict in any way with the Applicable Rules, Project Approvals, or this Agreement, or in any way reduce the development rights or assurances provided by this Agreement, shall not be applied to the Property (or any One of the Properties), Site, or Project unless such changes represent an exercise of City’s Reserved Powers, or are otherwise agreed to in this Agreement. It is expressly understood and agreed that Developer has the right to develop, improve, and use the Property (and each One of the Properties) and the Site for short-term vacation rentals pursuant to Article 5 [SHORT TERM VACATION RENTALS/TRANSIENT OCCUPANCY TAXES] of this Agreement. The right to apply for a new or renewal permit, and the City’s ability to review and issue a new or renewal permit, for short-term vacation rentals on the Property (or any One of the Properties), Site, or Project, shall be allowed and authorized by this Agreement. Notwithstanding the foregoing paragraph, Developer may, in its sole discretion, consent in writing to the application to the Property (which shall mean each One of the Properties), Site, and/or Project of any change in the Applicable Rules. (B) Changes in Uniform Codes. Notwithstanding any provision of this Agreement to the contrary, development and use of the Property, Site, and Project shall be subject to changes which may occur from time to time in the Uniform Codes, as such Codes are adopted by the City of La Quinta. 638 2905/015610-0183 17230608.13 a02/10/22 -12- (C) Changes Mandated by Federal or State Law. This Agreement shall not preclude the application to the Property, Site, and Project of changes in, or additions to, the Applicable Rules, including rules, regulations, ordinances and official policies, to the extent that such changes or additions are mandated to be applied to developments such as this Project by state or federal regulations, pursuant to the Reserved Powers. In the event state or federal laws or regulations prevent or preclude compliance with one or more provisions of this Agreement, such provisions shall be modified or suspended only to the extent necessary to comply with such state or federal laws or regulations. 2.2.3 Subsequent Development Review. Except as expressly reserved in this Agreement (including the right to apply for a new or renewal permit, and the City’s review and issuance of a new or renewal permit, for short-term vacation rentals), nothing shall impair or interfere with the right of City to require the processing of permits as required by law pursuant to the applicable provisions of the La Quinta Municipal Code and the provisions of Uniform Codes. 2.2.4 Effective Development Standards. City agrees that it is bound to permit the uses, intensities of use, and densities of development on the Property (and each One of the Properties) and Site which are permitted by this Agreement and the Project Approvals, insofar as this Agreement and the Project Approvals so provide or as otherwise set forth in the Applicable Rules. City hereby agrees that it will not unreasonably withhold, delay or condition any approvals and/or permits which must be issued by City in order for the Project to proceed and for the Property and Site to be used for the authorized uses herein, provided that Developer reasonably and satisfactorily complies with all applicable procedures for processing applications for such approvals and/or permits. 3. DEVELOPER’S OBLIGATIONS 3.1 Development of the Project; Planned Development. Developer shall construct the Project on the Site only in accordance with the Project Approvals. As depicted in the Project Approvals, as the same may be updated or amended from time to time consistent with the terms hereof, the Project shall consist of a residential single-family development specifically developed and available for residential purposes, and may be the residents’ primary residence or secondary residences, and/or may be used for short-term vacation rentals, with the following components: (A) Annual permitting fees to be consistent with the City’s fee program; (B) Any rental or occupancy of 30 nights or less to be subject to the City’s then-current transient occupancy tax (“TOT”) for short-term vacation rentals; (C) Rental or occupancy agreements, and material renter or occupant information, shall be retained for a minimum of three (3) years (or other retention period as may 639 2905/015610-0183 17230608.13 a02/10/22 -13- be approved by City policy or code) by the Developer or Developer’s authorized management company for the short-term vacation rentals at the Site; (D) Occupancy in any residence, including residences used as short- term vacation rentals, shall be capped at two (2) persons per bedroom, plus no more than four (4) additional occupants; and (E) All residences at the Site (and on each One of the Properties) shall allow for transient occupancy, which means occupancy for thirty (30) days or less. 3.2 Compliance with Government Code Section 66473.7 Developer shall comply with the provisions of Government Code Section 66473.7 with respect to any Tract Maps prepared for the Project. 3.3 Performance Schedule Developer shall plan, design and construct the Project in a timely manner, generally in accordance with the Performance Schedule attached hereto as Exhibit D. The Parties acknowledge and agree that the Performance Schedule is a general sequencing of the phases of the Project, and such sequencing may be modified by Developer to effectuate construction and end-use efficiencies. If Developer, in its good faith discretion, anticipates or decides a phase of the Project may need to be removed or an additional phase of the Project should be added, or the timing for completion of phases should be revised, the Performance Schedule may be amended by mutual written agreement of the Parties. The City may approve or deny a requested amendment to the Performance Schedule in its reasonable discretion, provided that such approval shall not be unreasonably withheld or delayed. In evaluating a Developer request for an amendment to the Performance Schedule, the City shall give strong consideration and latitude to Developer in the Developer’s good faith exercise of business judgement based on market conditions and other factors Developer deems appropriate in connection with the requested amendment. The City Manager is individually authorized to sign such amendments on behalf of the City. 3.4 Funding, Fees, Permits, and Approvals. 3.4.1 No Funding. Developer acknowledges that the City is not providing any funding for the Project. 3.4.2 Fees, Permits, and Approvals Governed by Municipal Code. Except for any permitting or approval process for short-term vacation rentals that would be directly in conflict with Article 5 [SHORT TERM VACATION RENTALS/TRANSIENT OCCUPANCY TAXES] of this Agreement, all permitting and processing fees (including for the permitting and processing of short-term vacation rentals), and all permits and approvals for the Property, Site, and Project, shall be governed by the provisions of the La Quinta Municipal Code and shall be paid and performed in accordance therewith. All such fees and applications submitted to the City shall be processed in accordance with the then-current La Quinta Municipal Code, including the timing provisions therein, and shall not be accorded separate treatment pursuant to this Agreement except for any permitting or approval process for short-term vacation rentals that would be directly in conflict with Article 5 [SHORT TERM VACATION RENTALS/TRANSIENT OCCUPANCY 640 2905/015610-0183 17230608.13 a02/10/22 -14- TAXES] of this Agreement. All City-imposed fees, including the fees for short-term vacation rental permitting, shall be in the amount prescribed by the La Quinta Municipal Code or duly adopted City Council Resolution, in effect at the time the fee is imposed. 3.4.3 Imposition of Existing and Future Fees. Nothing set forth in this Agreement is intended to or shall be construed to limit or restrict the City’s authority to impose its existing, or any new or increased, Citywide fees, charges, levies, or assessments for the development of the Property, Site, or Project, or to impose or increase, subject to the required procedure, any taxes applicable to the Property, Site, or Project, including but not limited to transient occupancy taxes. Developer shall timely pay all applicable fees, charges, levies, assessments, and special and general taxes validly imposed in accordance with the Constitution and laws of the State of California, including without limitation school impact fees in accordance with Government Code §§ 65995 et seq. 3.5 Dedications and Improvements; Improvement Security. In connection with the recordation of any final subdivision map for the Project, Developer shall, through the execution of a subdivision improvement agreement with the City, provide to the City, in a form reasonably acceptable to the City Attorney, improvement security as provided in the City Code to secure the faithful performance of Developer’s obligations under this Agreement to construct the on-site and off-site improvements identified on that map. The terms, amounts and provisions for release of the improvement security shall be as set forth in the City Code. 3.6 Indemnification. Developer shall protect, defend, indemnify and hold harmless City and City’s officers, officials, members, employees, volunteers, agents, and representatives (any of the foregoing shall be known individually as “Indemnitee” and collectively as “Indemnitees”), and each of them, jointly and severally, against and from any and all claims, demands, causes of action, damages, costs, expenses, losses and liabilities, at law or in equity, of every kind or nature whatsoever, including reasonable attorneys’ fees and expert witness fees, arising out of or directly relating to construction and development-related activities on the Site by Developer, and including, without limitation, injury to or death of any person or persons and damage to or destruction of any property, threatened, brought or instituted (“Claims”), excluding those resulting from the negligence or willful misconduct of the City. In the event of any action, litigation, or other adversarial proceeding in any way involving the Claims specified in this section, City agrees, at no cost to City, to cooperate with Developer. Developer shall have the obligation to provide the defense of City in the action, litigation, or other adversarial proceeding, either by providing for legal counsel or, at City’s option, timely paying the legal costs incurred by City in the defense of litigation, even though negligence or gross negligence of Developer or its contractors, subcontractors, agents, employees or other persons acting on its behalf has not been established at the time that the defense is provided. In addition, Developer shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnitee or Indemnitees. 641 2905/015610-0183 17230608.13 a02/10/22 -15- In the event of any court action or proceeding challenging the validity of this Agreement or the Project Approvals, Developer shall indemnify, hold harmless, pay all costs and provide defense for City in said action or proceeding with counsel chosen by Developer and reasonably approved by City. City shall, at no cost to City, cooperate with Developer in any such defense as Developer may reasonably request. In the event Developer fails or refuses to provide such defense of any challenge to this Agreement or the Project Approvals, or any component thereof, City shall have the right not to defend such challenge, and to resolve such challenge in any manner it chooses in its sole discretion, including terminating this Agreement. In the event of such termination, Developer, upon written request of City, shall immediately execute a termination document or other document reasonably required by a reputable title company to remove this Agreement as a cloud on title. 3.7 Obligation to Close Escrow; Recording of Agreement. This Agreement shall be valid and binding as of the Effective Date; provided, however, that the terms and conditions set forth in this Agreement affecting the vested rights and ability to develop and use the Property, Site, and Project as set forth herein, shall be contingent upon this Agreement being recorded in the Riverside County Recorder’s Office for Official Records, and this Agreement shall be recorded only if Developer closes escrow for the Property pursuant to the Purchase/Sale Agreement. Upon the close of escrow, this Agreement shall be recorded against the Property. If escrow is cancelled or fails to close pursuant to the Purchase/Sale Agreement, this Agreement shall automatically terminate and be of no further force and effect without the need of either Party hereto to take any additional action in furtherance of said termination. 4. CITY’S OBLIGATIONS 4.1 Scope of Subsequent Review/Confirmation of Compliance Process. Nothing set forth herein shall impair or interfere with the right of City to require the processing of building permits as required by law pursuant to the applicable provisions of the La Quinta Municipal Code and the provisions of City’s Fire Codes and ordinances, Health and Safety Codes and ordinances, and Building, Electrical, Mechanical, and similar building codes. Prior to each request for a building permit, Developer shall provide City with a Compliance Certificate (“Certificate”), in substantially the same form as that attached hereto as Exhibit C. The Certificate shall be distributed to the relevant City departments in order to check the representations made by Developer on the Certificate. 4.2 Project Approvals Independent. All approvals required for the Project which may be or have been granted, and all land use entitlements or approvals generally which have been issued or will be issued by City with respect to the Project, constitute independent actions and approvals by City. If any provision of this Agreement or the application of any provision of this Agreement to a particular situation is held by a court of competent jurisdiction to be invalid or unenforceable, or if this Agreement terminates for any reason, then such invalidity, unenforceability or termination of this Agreement or any part hereof shall not affect the validity or effectiveness of any such Project approvals or other land use approvals and entitlements. In such cases, such approvals and entitlements will remain in effect 642 2905/015610-0183 17230608.13 a02/10/22 -16- pursuant to their own terms, provisions. It is understood by the Parties that pursuant to existing law, if this Agreement terminates or is held invalid or unenforceable as described above, such approvals and entitlements shall not remain valid for the term of this Agreement, but shall remain valid for the term of such approvals and entitlements. 4.3 Review for Compliance. City shall review this Developer’s compliance with the terms of Agreement at least once during every twelve (12) month period following the Effective Date of this Agreement, in accordance with City’s procedures and standards for such review. During such periodic review by City, Developer, upon written request from City, shall be required to demonstrate, and hereby agrees to furnish, evidence of good faith compliance with the terms hereof. The failure of City to conduct or complete the annual review as provided herein or in accordance with the Development Agreement Ordinance shall not impact the validity of this Agreement. If, at the conclusion of the annual review provided for herein, Developer has been found in compliance with this Agreement, City, through the Development Director, shall, at Developer’s written request, issue a Certificate of Compliance to Developer stating that (1) this Agreement remains in full force and effect and (2) Developer is in compliance with this Agreement. The Certificate shall be in recordable form and shall contain information necessary to communicate constructive record notice of the finding of compliance. Developer, at its option and sole cost, may record the Certificate. 5. SHORT TERM VACATION RENTALS/TRANSIENT OCCUPANCY TAXES. 5.1 Short Term Vacation Rental Use. This Agreement expressly provides that short-term vacation rentals are a permitted use on the Property (and each One of the Properties) within the Project that allows residential uses, and the rights to such permitted use are hereby vested pursuant to the terms of this Agreement. Except as expressly provided in this Agreement, the City shall not impose on or apply to the Project or any part thereof (whether by action of the Council, or other legislative body, or by initiative, referendum, or other measure) any ordinance, resolution, standard, directive, condition, or other measure that would prevent, prohibit or materially impair the ability of Developer to apply for and obtain a permit and subsequently use and operate short-term vacation rentals in all residential units within the Project. Notwithstanding the foregoing, and except as expressly provided in this Agreement, short-term vacation rentals on the Property (and each One of the Properties) within the Project shall be subject to Short-Term Vacation Rental Regulations set forth in Chapter 3.25 (or successor provisions) of the La Quinta Municipal Code, including but not limited to violations and penalties for such violations for failing to comply with the City’s Short-Term Vacation Rental Regulations, as long as Developer has the ability to apply for and obtain a permit and subsequently use and operate short-term vacation rentals in all residential units within the Project that are not otherwise subject to a violation or penalty preventing issuance of such permit and allowing such use for failing to comply with the City’s Short-Term Vacation Rental Regulations. Pursuant to the expressed exceptions referenced in the preceding sentence, and due to the unique location, character and history of the Property, the following provisions shall apply to the use and operation of the Property (and each One of the Properties) within the Project: 643 2905/015610-0183 17230608.13 a02/10/22 -17- 5.1.1 Noise Compliance Provisions. Notwithstanding any provision in the La Quinta Municipal Code to the contrary, no radio receiver, musical instrument, phonograph, compact disk player, loudspeaker, karaoke machine, sound amplifier, or any machine, device or equipment that produces or reproduces any sound shall be used outside of any short-term vacation rental unit, or be audible at a level that violates the standards and regulations for permissible noise as set forth in Sections 9.100.210 and 11.08.040 (or successor provisions) of the La Quinta Municipal Code (as measured using standard noise measuring instruments) from the outside of any short-term vacation rental unit, between the hours of 10:00 p.m. and 7:00 a.m. Pacific Standard Time. Observations of noise-related violations shall be made by the City or its authorized designee from any location at which a City official or authorized designee may lawfully be, including but not limited to any public right-of-way, any City-owned public property, and any private property to which the City or its authorized designee has been granted access. 5.1.2 Major Violations. Notwithstanding any provision in the La Quinta Municipal Code to the contrary, City shall not modify, suspend, refuse to renew or revoke a short- term residential permit with respect to any one residential dwelling in the Project except upon two (2) major violations of Chapter 3.25 of the La Quinta Municipal Code or other provisions of the La Quinta Municipal Code within one (1) year by an owner, owner’s agent, occupant or responsible person of such residential dwelling. For purposes of this subsection 5.1.2, a “major violation” shall mean a violation of a particular section of the La Quinta Municipal Code that (i) resulted in a substantial impact on the use and enjoyment of adjacent or nearby properties and that has not been cured or eliminated within thirty (30) minutes after the City has given notice of the violation to the owner or the owner’s authorized agent or representative, or (ii) constituted a clear and present threat to public health and safety. 5.2 Transient Occupancy Tax. All short-term vacation rentals in the Project shall be subject to, and comply with, the City’s Transient Occupancy Ordinance as set forth in Chapter 3.24 of the La Quinta Municipal Code. To the extent the City revises its Transient Occupancy Ordinance after the Effective Date of this Agreement, all short-term vacation rentals in the Project will be subject to those revised or amended provisions unless doing so would violate the vested rights set forth in Section 5.1 of this Agreement. It is the intent of this provision to require, at all times, that all short-term vacation rentals in the Project comply with the City’s requirements and procedures for collecting, reporting and paying the applicable transient occupancy tax, including as those requirements and procedures may be modified during the term of this Agreement. 5.3 Capacity Limit for Short-Term Vacation Rentals Notwithstanding anything to the contrary in the City’s Short-Term Vacation Rental Regulations, all short-term vacation rentals in the Project shall be subject to an occupancy cap of two (2) persons per bedroom, plus no more than four (4) additional occupants. 644 2905/015610-0183 17230608.13 a02/10/22 -18- 5.4 Recordkeeping All short-term vacation rentals in the Project shall be subject to, and comply with, Chapter 3.25 of the La Quinta Municipal Code, including but not limited to the recordkeeping requirements in Section 3.25.070(F) (or successor provisions). Prior to occupancy of a short-term vacation rental unit in the Project, the owner or the owner’s authorized agent or representative shall: 1. Obtain the contact information of the responsible person; and 2. Provide copies of all electronically distributed short-term vacation rental information from the City, including any good neighbor brochure to the responsible person and post in a conspicuous location within the short-term vacation rental unit, in a manner that allows for the information to be viewed in its entirety; and require such responsible person to execute a formal acknowledgement that he or she is legally responsible for compliance by all occupants of the short-term vacation rental unit and their guests with all applicable laws, rules and regulations pertaining to the use and occupancy of the short-term vacation rental unit. This information shall be maintained by the owner or the owner’s authorized agent or representative for a period of three (3) years and be made readily available upon request of any officer of the City responsible for the enforcement of any provision of this code or any other applicable law, rule or regulation pertaining to the use and occupancy of the short-term vacation rental unit. 5.5 Covenants, Conditions and Restrictions. All CC&Rs recorded on any portion of the Project where residential uses are allowed shall expressly authorize short-term vacation rentals for all residential units, consistent with this Agreement and the requirements set forth in Chapter 3.25 of the La Quinta Municipal Code (or successor provisions) that are not in conflict with this Agreement. All such CC&Rs shall state: 1. The operational requirements and standard conditions applicable to short-term vacation rentals in the Project; 2. That all short-term vacation rentals in the Project are subject to the Transient Occupancy Tax pursuant to Chapter 3.24 of the La Quinta Municipal Code; 3. The occupancy limits for the residences, including residences used as short- term vacation rentals; 4. That all short-term vacation rentals must be rented subject to a “rental agreement” as that term is defined in Section 3.25.030 of the La Quinta Municipal Code, as that section existed on the Effective Date of this Agreement. 645 2905/015610-0183 17230608.13 a02/10/22 -19- 6. DEFAULT; REMEDIES; DISPUTE RESOLUTION. 6.1 Notice of Default. In the event of failure by either Party substantially to perform any material term or provision of this Agreement, the non-defaulting Party shall have those rights and remedies provided herein, provided that such non-defaulting Party has first provided to the defaulting Party a written notice of default in the manner required by Section 8.1 hereof identifying with specificity the nature of the alleged default and the manner in which said default may satisfactorily be cured. 6.2 Cure of Default. Upon the receipt of the notice of default, the alleged defaulting Party shall promptly commence to cure, correct, or remedy the identified default at the earliest reasonable time after receipt of the notice of default and shall complete the cure, correction or remedy of such default not later than thirty (30) days after receipt of the notice of default, or, for such defaults that cannot reasonably be cured, corrected or remedied within thirty (30) days, such Party shall commence to cure, correct, or remedy such default within such thirty (30) day period, and shall continuously and diligently prosecute such cure, correction or remedy to completion. 6.3 City Remedies. In the event of an uncured default by Developer of the terms of this Agreement, City, at its option, may institute legal action in law or in equity to cure, correct, or remedy such default, enjoin any threatened or attempted violation, or enforce the terms of this Agreement; provided, however, that in no event shall City be entitled to consequential, punitive or exemplary damages for any Developer default. For purposes of this Agreement the term “consequential damages” shall include, but not be limited to, potential loss of anticipated tax revenues from the Project or any portion thereof. Furthermore, City, in addition to or as an alternative to exercising the remedies set forth in this Section 6.3, in the event of a material uncured default by Developer, may give notice of its intent to terminate or modify this Agreement pursuant to City’s Development Agreement Ordinance and/or the Development Agreement Act, in which event the matter shall be scheduled for consideration and review by the City Council in the manner set forth in the City’s Development Agreement Ordinance or the Development Agreement Act. 6.4 Developer’s Excusive Remedies. The Parties acknowledge that the City would not have entered into this Agreement if it were to be liable in damages under, or with respect to, this Agreement or any of the matters referred to herein including, but not limited to, the Project Approvals, the Applicable Rules or any future amendments or enactments thereto, or the Project. Accordingly, Developer covenants on behalf of itself and its successors and assigns, not to sue the City for damages or monetary relief (except for attorneys’ fees as provided for by Section 8.22) for any breach of this Agreement by City or arising out of or connected with any dispute, controversy, or issue between Developer and City regarding this Agreement or any of the matters referred to herein including but not limited to the application, interpretation, or effect of this Agreement, the Project Approvals, the Applicable Rules or any future amendments or enactments thereto, or the Project, or any land use permits or approvals sought in connection with the development of the Project or any component thereof, or 646 2905/015610-0183 17230608.13 a02/10/22 -20- use of a parcel or any portion thereof, the parties agreeing that declaratory and injunctive relief, mandate, and specific performance shall be Developer’s sole and exclusive judicial remedies. 7. MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE 7.1 Encumbrances on the Project Site. This Agreement shall not prevent or limit Developer from encumbering the Site or any portion thereof or any improvements thereon with any mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance in which the Site, or a portion thereof or interest therein, is pledged as security, and contracted for in good faith and fair value (a “Mortgage”) securing financing with respect to the construction, development, use or operation of the Project. 7.2 Mortgage Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Site or any portion thereof by a holder of a beneficial interest under a Mortgage, or any successor or assignee to said holder (a “Mortgagee”) [whether pursuant to foreclosure, trustee’s sale, deed in lieu of foreclosure, lease termination or otherwise] shall be subject to all of the terms and conditions of this Agreement. 7.3 Mortgagee Not Obligated. No Mortgagee will have any obligation or duty under this Agreement to perform the obligations of the Developer or other affirmative covenants of Developer hereunder, or to guarantee such performance, except that (i) the Mortgagee shall have no right to develop or operate the Site without the written consent of the City, and (ii) to the extent that any covenant to be performed by the Developer is a condition to the performance of a covenant by the City, the performance thereof by Mortgagee shall continue to be a condition precedent to the City’s performance hereunder. 7.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure. With respect to any mortgage or deed of trust granted by Developer, whenever City may deliver any notice or demand to Developer with respect to any breach or default by Developer in completion of construction of the Project or any component of the Project, City shall at the same time deliver a copy of such notice or demand to each holder of record of any mortgage or deed of trust which has previously requested such notice in writing. Each such holder shall (insofar as the rights granted by City are concerned) have the right, at its option, within sixty (60) days after the receipt of the notice, to cure or remedy or commence to cure or remedy and thereafter to pursue with due diligence the cure or remedy of any such default and to add the cost thereof to the mortgage debt and the lien of its mortgage. It is understood that a holder shall be deemed to have satisfied the sixty (60) daytime limit set forth above for commencing to cure or remedy a Developer default which requires title and/or possession of the Site (or portion thereof) if and to the extent any such holder has within such sixty (60) day period commenced proceedings to obtain title 647 2905/015610-0183 17230608.13 a02/10/22 -21- and/or possession and thereafter the holder diligently pursues such proceedings to completion and cures or remedies the default. 8. MISCELLANEOUS 8.1 Notices, Demands and Communications Between the Parties. Any approval, disapproval, demand, document or other notice (“Notice”) which either Party may desire to give to the other Party under this Agreement must be in writing and shall be sufficiently given if (i) delivered by hand, (ii) delivered by reputable same-day or overnight messenger service that provides a receipt showing date and time of delivery, or (iii) dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of City and Developer at the addresses specified below, or at any other address as that Party may later designate by Notice. To City: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Attn: Community Development Director With a copy to: Rutan & Tucker, LLP 18575 Jamboree Road, 9th Floor Irvine, California 92612 Attn: William H. Ihrke To Developer: GTGF, LLC 800 W. Olympic Blvd Ste.305 Los Angeles, California 90015 Attn: Sean Breuner With copies to: Nethery/Mueller/Olivier LLP 41750 Rancho Las Palmas Dr. Suite H-1 Rancho Mirage, CA 92270 Attn: Daniel Olivier Any written notice, demand or communication shall be deemed received immediately if personally delivered or delivered by delivery service and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail. 8.2 Force Majeure. In addition to specific provisions of this Agreement, performance by either Party hereunder shall not be deemed to be in default, and all performance and other dates specified in this 648 2905/015610-0183 17230608.13 a02/10/22 -22- Agreement shall be extended, where delays or Defaults are due to causes beyond the control or without the fault of the Party claiming an extension of time to perform, which may include the following (each, a “Force Majeure”): war; insurrection; acts of terrorism; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority imposed or mandated by other governmental entities; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; acts or omissions of the other Party; or acts or failures to act of any public or governmental agency or entity (other than the acts or failures to act of City which shall not excuse performance by City), or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall only be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the Party claiming such extension is sent to the other Party within thirty (30) days of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement of City and Developer. Notwithstanding the paragraph above, Developer is not entitled pursuant to this Section 8.2 to an extension of time to perform because of past, present, or future difficulty in obtaining suitable construction or permanent financing for the development of the Site, or because of economic or market conditions. 8.3 Binding Effect. This Agreement, and all of the terms and conditions hereof, shall be binding upon and inure to the benefit of the Parties, any subsequent owner of all or any portion of the Project or the Site, and their respective assigns, heirs or successors in interest, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Project or the Site. 8.4 Independent Entity. The Parties acknowledge that, in entering into and performing this Agreement, each of Developer and City is acting as an independent entity and not as an agent of the other in any respect. 8.5 Agreement Not to Benefit Third Parties. This Agreement is made for the sole benefit of the Parties, and no other person shall be deemed to have any privity of contract under this Agreement nor any right to rely on this Agreement to any extent for any purpose whatsoever, nor have any right of action of any kind on this Agreement nor be deemed to be a third-party beneficiary under this Agreement. 8.6 Covenants. The provisions of this Agreement shall constitute mutual covenants which shall run with the land comprising the Site for the benefit thereof, and for the benefit of City, and the burdens 649 2905/015610-0183 17230608.13 a02/10/22 -23- and benefits hereof shall bind and inure to the benefit of each of the Parties hereto and all successors in interest to the Parties hereto for the term of this Agreement. 8.7 Non-liability of City Officers and Employees. No official, officer, employee, agent or representative of City, acting in his/her official capacity, shall be personally liable to Developer, or any successor or assign, for any loss, costs, damage, claim, liability, or judgment, arising out of or connection to this Agreement, or for any act or omission on the part of City. 8.8 Covenant Against Discrimination. Developer and City covenant and agree, for themselves and their respective successors and assigns, that there shall be no discrimination against, or segregation of, any person or group or persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, or any other impermissible classification, in the performance of this Agreement. Developer shall comply with the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101, et seq.). 8.9 No Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought and referring expressly to this Section. No delay or omission by either Party in exercising any right or power accruing upon non-compliance or failure to perform by the other Party under any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof, except as expressly provided herein. No waiver by either Party of any of the covenants or conditions to be performed by the other Party shall be construed or deemed a waiver of any succeeding breach or nonperformance of the same or other covenants and conditions hereof. 8.10 Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, to the extent that the invalidity or unenforceability does not impair the application of this Agreement as intended by the Parties. 8.11 Cooperation in Carrying Out Agreement. Each Party shall take such actions and execute and deliver to the other all such further instruments and documents as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other Party the full and complete enjoyment of its rights and privileges hereunder. 8.12 Estoppel Certificate. Either Party may, at any time, deliver written notice to any other Party requesting such Party to certify in writing that, to the best knowledge of the certifying Party, (i) this Agreement is 650 2905/015610-0183 17230608.13 a02/10/22 -24- in full force and effect and a binding obligation of the Parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, (iii) the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, describing the nature and amount of any such defaults, and (iv) any other reasonable information requested. A Party receiving a written request hereunder shall execute and return such requested certificate within twenty (20) days following receipt of such request. The form of the requested estoppel certificate shall be reasonably approved by the receiving party. The City Manager is authorized to sign and deliver an estoppel certificate on behalf of City. City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees. 8.13 Construction. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply. As used in this Agreement, and as the context may require, the singular includes the plural and vice versa, and the masculine gender includes the feminine and vice versa. 8.14 Recordation. This Agreement shall be recorded with the County Recorder of Riverside County at Developer’s cost, if any, within the period required by Government Code Section 65868.5. Amendments approved by the Parties, and any cancellation or termination of this Agreement, shall be similarly recorded. 8.15 Captions and References. The captions of the paragraphs and subparagraphs of this Agreement are solely for convenience of reference, and shall be disregarded in the construction and interpretation of this Agreement. Reference herein to a paragraph or exhibit are the paragraphs, subparagraphs and exhibits of this Agreement. 8.16 Time. Time is of the essence in the performance of this Agreement and of each and every term and condition hereof as to which time is an element. 8.17 Recitals & Exhibits Incorporated; Entire Agreement. The Recitals to this Agreement and all of the exhibits and attachments to this Agreement are, by this reference, incorporated into this Agreement and made a part hereof. This Agreement, including all Exhibits attached hereto, constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement, and this Agreement supersedes all previous negotiations, discussions and agreements between the Parties, and no parole evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. 651 2905/015610-0183 17230608.13 a02/10/22 -25- 8.18 Exhibits. Exhibits “A” -”E” to which reference is made in this Agreement are deemed incorporated herein in their entirety, whether or not such exhibits are attached hereto in full. Said exhibits are identified as follows: A Legal Description of the Property and the Site B Site Map C. Compliance Certificate D. Performance Schedule E. Chapter 3.25 of LQMC 8.19 Counterpart Signature Pages. For convenience the Parties may execute and acknowledge this agreement in counterparts and when the separate signature pages are attached hereto, shall constitute one and the same complete Agreement. 8.20 Authority to Execute; Representations and Warranties. Developer warrants and represents that (i) it is duly organized and existing, (ii) it is duly authorized to execute and deliver this Agreement, (iii) by so executing this Agreement, Developer is formally bound to the provisions of this Agreement, and (iv) Developer’s entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which Developer is bound, and (v) there is no existing or threatened litigation or legal proceeding of which Developer is aware which could prevent Developer from entering into or performing its covenants and obligations set forth in this Agreement. City warrants and represents that the person or persons executing this Agreement on its behalf have been duly authorized to execute this Agreement and bind the City to all covenants and obligations set forth in this Agreement. 8.21 City Approvals and Actions. Whenever a reference is made in this Agreement to an action or approval to be undertaken by the City, or for any amendment, interpretation, or implementing documents required under this Agreement, the City Manager or his or her authorized designee is authorized to act on behalf of the City unless specifically provided otherwise in this Agreement or the law otherwise requires. 8.22 Governing Law; Litigation Matters. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement without regard to conflicts of law principles. Any action at law or in equity brought by either Party hereto for the purpose of enforcing, construing, or interpreting the validity of this Agreement or any provision hereof shall be brought in the Superior Court of the State of 652 2905/015610-0183 17230608.13 a02/10/22 -26- California in and for the County of Riverside, or such other appropriate court in said county, and the Parties hereto waive all provisions of law providing for the filing, removal, or change of venue to any other court. Service of process on City shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside of California. In the event of any action between the Parties hereto seeking enforcement of any of the terms of this Agreement or otherwise arising out of this Agreement, the prevailing Party in such litigation shall be awarded, in addition to such relief to which such Party is entitled, its reasonable attorney’s fees, expert witness fees, and litigation costs and expenses. 8.23 No Brokers. Each of the City and the Developer represents to the other party that it has not engaged the services of any finder or broker and that it is not liable for any real estate commissions, broker’s fees, or finder’s fees which may accrue by means of this Agreement and agrees to hold harmless the other party from such commissions or fees as are alleged to be due from the party making such representations. 653 2905/015610-0183 17230608.13 a02/10/22 -27- IN WITNESS WHEREOF, Developer and City have executed this Agreement as of the Reference Date. “DEVELOPER” GTGF, LLC, a Delaware limited liability company By: Its: “CITY” CITY OF LA QUINTA, a California municipal corporation By: ___________________________ Name: Jon McMillen Title: City Manager ATTEST: Monika Radeva City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP William H. Ihrke City Attorney 654 2905/015610-0183 17230608.13 a02/10/22 EXHIBIT A EXHIBIT “A” LEGAL DESCRIPTION OF SITE [attached] 655 2905/015610-0183 17230608.13 a02/10/22 EXHIBIT A -1- 656 2905/015610-0183 17230608.13 a02/10/22 EXHIBIT B EXHIBIT “B” SITE MAP [attached] 657 2905/015610-0183 17230608.13 a02/10/22 EXHIBIT B -1- 658 2905/015610-0183 17230608.13 a02/10/22 EXHIBIT B -2- 659 2905/015610-0183 17230608.13 a02/10/22 EXHIBIT C -1- EXHIBIT “C” COMPLIANCE CERTIFICATE (GTGF, LLC DEVELOPMENT AGREEMENT) The undersigned, GTGF, LLC, a Delaware limited liability company (“Developer”), pursuant to that certain Development Agreement dated _______________, 2022, (the “Development Agreement”), by and among Developer and the City of La Quinta, a California municipal corporation and charter city (the “City”) by its signature below hereby certifies to the City, for the City’s reliance that: 1. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement; 2. The undersigned is familiar with the certifications and representations set forth in this Compliance Certificate; 3. Developer has performed and complied with its obligations under the Development Agreement to be performed or complied with by it on or prior to the date hereof. 4. [CITY MAY INSERT ANY ADDITIONAL CONDITIONS UNDER THE DEVELOPMENT AGREEMENT TO BE SATISFIED PRIOR TO ISSUING BUILDING PERMIT]. IN WITNESS WHEREOF, this Compliance Certificate is executed effective the ______ day of _______________, ______, under penalty of perjury under the laws of California. GTGF, LLC, a Delaware limited liability company By: Its: By: Its: 660 2905/015610-0183 17230608.13 a02/10/22 EXHIBIT D -1- EXHIBIT “D” PERFORMANCE SCHEDULE Item of Performance Start Completion TR 36279 (Improved Lots) On-site and off-site improvements N/A Complete TR 33085 (Vacant Lots) Permitting Grading and Engineering Permits April 2022 Within 6 months of application Building Permits October 2022 Within 6 months of application Construction of Project Components Construct off-site improvements N/A Complete Construct all on-site improvements (rough grade, walls, street, storm drain, water, sewer, dry utilities, and landscaping) November 2022 May 2023 Place monuments December 2022 May 2023 Begin construction of 7 residential units April 2023 May 2023 Completion of construction of 7 residential units December 2023 March 2024 Obtain Certificate of Occupancy for 7 residential units March 2024 April 2024 661 2905/015610-0183 17230608.13 a02/10/22 EXHIBIT E EXHIBIT “E” CHAPTER 3.25 OF LA QUINTA MUNICIPAL CODE AS OF EFFECTIVE DATE (for reference only) [attached] 662 Title 3 - REVENUE AND FINANCE Chapter 3.25 SHORT-TERM VACATION RENTALS La Quinta, California, Municipal Code Created: 2021-12-15 15:04:50 [EST] (Supp. No. 2, Update 2) Page 1 of 15 Chapter 3.25 SHORT-TERM VACATION RENTALS 3.25.010 Title. This chapter shall be referred to as the "Short-Term Vacation Rental Regulations." (Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.020 Purpose. A. The purpose of this chapter is to establish regulations for the use of privately owned residential dwellings as short-term vacation rentals that ensure the collection and payment of transient occupancy taxes (TOT) as provided in Chapter 3.24 of this code, and minimize the negative secondary effects of such use on surrounding residential neighborhoods. B. This chapter is not intended to provide any owner of residential property with the right or privilege to violate any private conditions, covenants and restrictions applicable to the owner's property that may prohibit the use of such owner's residential property for short-term vacation rental purposes as defined in this chapter. C. The requirements of this chapter shall be presumed to apply to any residential dwelling that has received a short-term vacation rental permit. A rebuttable presumption arises that, whenever there is an occupant(s), paying rent or not, of a residential dwelling that has received a short-term vacation rental permit, the requirements of this chapter shall apply, including but not limited to any suspension or other modifications imposed on a short-term vacation rental permit as set forth in this chapter. The city manager or authorized designee shall have the authority to implement any necessary or appropriate policies and procedures to implement the rebuttable presumption set forth in this section. (Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.030 Definitions. For purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section: "Advertise,""advertisement,""advertising,""publish," and "publication" mean any and all means, whether verbal or written, through any media whatsoever whether in use prior to, at the time of, or after the enactment of the ordinance amending this chapter, used for conveying to any member or members of the public the ability or availability to rent a short-term vacation rental unit as defined in this section, or used for conveying to any member or members of the public a notice of an intention to rent a short-term vacation rental unit as defined in this section. For purposes of this definition, the following media are listed as examples, which are not and shall not be construed as exhaustive: verbal or written announcements by proclamation or outcry, newspaper advertisement, magazine advertisement, handbill, written or printed notice, printed or poster display, billboard display, e-mail or other electronic/digital messaging platform, electronic commerce/commercial Internet websites, and any and all other electronic media, television, radio, satellite-based, or Internet website. "Applicable laws, rules and regulations" means any laws, rules, regulations and codes (whether local, state or federal) pertaining to the use and occupancy of a privately owned dwelling unit as a short-term vacation rental. 663 Created: 2021-12-15 15:04:50 [EST] (Supp. No. 2, Update 2) Page 2 of 15 "Applicant" means the owner of the short-term vacation rental unit. "Authorized agent or representative" means a designated agent or representative who is appointed by the owner and also is responsible for compliance with this chapter with respect to the short-term vacation rental unit. "Booking transaction" means any reservation or payment service provided by a person or entity who facilitates a home-sharing or vacation rental (including short-term vacation rental) transaction between a prospective occupant and an owner or owner's authorized agent or representative. "City manager" means that person acting in the capacity of the city manager of the city of La Quinta or authorized designee. "Declaration of non-use" means the declaration described in Section 3.25.050. "Dwelling" has the same meaning as set forth in Section 9.280.030 (or successor provision, as may be amended from time to time) of this code; "dwelling" does not include any impermanent, transitory, or mobile means of temporary lodging, including but not limited to mobile homes, recreational vehicles (RVs), car trailers, and camping tents. "Estate home" is defined as a single-family detached residence with five (5) or more bedrooms, subject to evaluation criteria and inspection of the property pursuant to Section 3.25.060(D)(1). An estate home is a sub-type of short-term vacation rental unit and shall be subject to a general short-term vacation rental permit, primary residence short-term vacation rental permit, or homeshare short-term vacation rental permit, as applicable, pursuant to this chapter. "General short-term vacation rental permit" is a type of short-term vacation rental permit that is neither a homeshare short-term vacation rental permit nor a primary residence short-term vacation rental permit. "Good neighbor brochure" means a document prepared by the city that summarizes the general rules of conduct, consideration, and respect, including, without limitation, provisions of this code and other applicable laws, rules or regulations pertaining to the use and occupancy of short-term vacation rental units. "Homeshare short-term vacation rental permit" is a type of short-term vacation rental permit whereby the owner hosts visitors in the owner's dwelling, for compensation, for periods of thirty (30) consecutive calendar days or less, while the owner lives on-site and in the dwelling, throughout the visiting occupant's stay. "Hosting platform" means a person or entity who participates in the home-sharing or vacation rental (including short-term vacation rental) business by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation, including but not limited to the Internet. "Local contact person" means the person designated by the owner or the owner's authorized agent or representative who shall be available twenty-four (24) hours per day, seven (7) days per week with the ability to respond to the location within thirty (30) minutes for the purpose of: (1) taking remedial action to resolve any such complaints; and (2) responding to complaints regarding the condition, operation, or conduct of occupants of the short-term vacation rental unit. A designated local contact person must obtain a business license otherwise required by Sections 3.24.060 and 3.28.020 (or successor provisions, as may be amended from time to time) of this code. "Notice of permit modification, suspension or revocation" means the notice the city may issue to an applicant, authorized agent or representative, local contact person, occupant, owner, responsible person, or any other person or entity authorized to be issued such notice under this code for a short-term vacation rental unit, upon a determination by the city of a violation of this chapter or other provisions of this code relating to authorized uses of property subject to this chapter. "Occupant" means any person(s) occupying the dwelling at any time. 664 Created: 2021-12-15 15:04:50 [EST] (Supp. No. 2, Update 2) Page 3 of 15 "Owner" means the person(s) or entity(ies) that hold(s) legal and/or equitable title to the subject short-term vacation rental. "Primary residence" means a dwelling where an owner spends the majority of the calendar year on the property used as a short-term vacation rental unit, and the property is identified in the Riverside County assessor's record as the owner's primary residence. "Primary residence short-term vacation rental permit" is a type of short-term vacation rental permit whereby the short-term vacation rental unit is the owner's primary residence, as defined herein in this section. "Property" means a residential legal lot of record on which a short-term vacation rental unit is located. "Rent" has the same meaning as set forth in Section 3.24.020 (or successor provision, as may be amended from time to time) of this code. "Rental agreement" means a written or verbal agreement for use and occupancy of a privately-owned residential dwelling that has been issued a short-term vacation rental permit, including a dwelling that may have a permit which has been or is under suspension. "Responsible person" means the signatory of an agreement for the rental, use and occupancy of a short-term vacation rental unit, and/or any person(s) occupying the short-term vacation rental unit without a rental agreement, including the owner(s), owner's authorized agent(s) or representative(s), local contact(s), and their guests, who shall be an occupant of that short-term vacation rental unit, who is at least twenty-one (21) years of age, and who is legally responsible for ensuring that all occupants of the short-term vacation rental unit and/or their guests comply with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term vacation rental unit. "Short-term vacation rental permit" means a permit that permits the use of a privately owned residential dwelling as a short-term vacation rental unit pursuant to the provisions of this chapter, and which incorporates by consolidation a transient occupancy permit and a business license otherwise required by Sections 3.24.060 and 3.28.020 (or successor provisions, as may be amended from time to time) of this code. A short-term vacation rental permit is one (1) of the following types: (1) general short-term vacation rental permit, (2) primary residence short-term vacation rental permit, or (3) homeshare short-term vacation rental permit, as defined in this section. "Short-term vacation rental unit" means a privately owned residential dwelling, such as, but not limited to, a single-family detached or multiple-family attached unit, apartment house, condominium, cooperative apartment, duplex, or any portion of such dwellings and/or property and/or yard features appurtenant thereto, rented for occupancy and/or occupied for dwelling, lodging, or any transient use, including but not limited to sleeping overnight purposes for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days, by any person(s) with or without a rental agreement. "STVR" may be used by city officials as an abbreviation for "short-term vacation rental." "Suspension" means that short-term vacation rental permit that is suspended pursuant to Section 3.25.090. "Tenant" or "transient," for purposes of this chapter, means any person who seeks to rent or who does rent, or who occupies or seeks to occupy, for thirty (30) consecutive calendar days or less, a short-term vacation rental unit. (Ord. 595 § 1(Exh. A), 6-15-2021; Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.040 Authorized agent or representative. A. Except for the completion of an application for a short-term vacation rental permit and business license, the owner may designate an authorized agent or representative to ensure compliance with the requirements of 665 Created: 2021-12-15 15:04:50 [EST] (Supp. No. 2, Update 2) Page 4 of 15 this chapter with respect to the short-term vacation rental unit on his, her or their behalf. Nevertheless, the owner shall not be relieved from any personal responsibility and personal liability for noncompliance with any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental unit, regardless of whether such noncompliance was committed by the owner's authorized agent or representative or the occupants of the owner's short-term vacation rental unit or their guests. B. The owner must be the applicant for and holder of a short-term vacation rental permit and business license and shall not authorize an agent or a representative to apply for or hold a short-term vacation rental permit and business license on the owner's behalf. The owner's signature is required on all short-term vacation rental application forms, and the city may prescribe reasonable requirements to verify that an applicant or purported owner is the owner in fact. (Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.050 Short-term vacation rental permit—Required. A. The owner is required to obtain a short-term vacation rental permit and a business license from the city before the owner or the owner's authorized agent or representative may rent or advertise a short-term vacation rental unit. No short-term vacation rental use may occur in the city except in compliance with this chapter. No property in the city may be issued a short-term vacation rental permit or used as a short-term vacation rental unit unless the property is a residential dwelling that complies with the requirements of this chapter. B. A short-term vacation rental permit and business license shall be valid for one (1) year and renewed on an annual basis in order to remain valid. 1. A short-term vacation rental permit and business license renewal application shall be submitted no earlier than sixty (60) calendar days but no later than thirty (30) calendar days prior to the permit's expiration date. Failure to renew a short-term vacation rental permit as prescribed in this section may result in the short-term vacation rental permit being terminated. 2. A new owner of a property (or a new person and/or new entity that owns or controls a business or organization or other entity of any kind, such as a limited liability company, which is the owner of a property) previously operated as a short-term vacation rental unit by the former owner (or by a former person or entity that owned or controlled the business or organization or other entity of any kind that continues to be the owner of the property) may not renew the previous owner's short-term vacation rental permit and shall apply for a new short-term vacation rental permit, pursuant to this chapter, if the new owner (or new person and/or new entity that owns or controls a business or organization or other entity of any kind that continues to be the owner of a property) wants to continue to use the residential dwelling as a short-term vacation rental unit. 3. If an owner or an owner's authorized agent or representative, pursuant to all applicable laws, constructs additional bedrooms to an existing residential dwelling or converts non-bedroom spaces and areas in an existing residential dwelling into additional bedrooms, the owner or owner's authorized agent or representative shall notify the city and update the short-term vacation rental unit's online registration profile upon city approval of the addition or conversion so that the city may confirm that such conversion is consistent with this chapter and the code, including all applicable provisions in Title 8 of the code, and reissue the short-term vacation rental permit so that it accurately identifies the number of approved bedrooms, if the owner wants to continue to use the dwelling as a short-term vacation rental unit. The city may conduct an onsite inspection of the property to verify compliance with this chapter and the code. Code compliance inspections may be billed for full cost recovery at one (1) hour for initial inspection and in thirty (30)-minute increments for each follow-up inspection pursuant to subsection D. For purposes of 666 Created: 2021-12-15 15:04:50 [EST] (Supp. No. 2, Update 2) Page 5 of 15 this chapter, "reissue" or "reissuance" of a short-term vacation rental permit means a permit that is reissued by the city, with corrected information, as applicable, to be valid for the balance of the existing one (1)-year permit and license period. C. A short-term vacation rental permit and business license shall be valid only for the number of bedrooms in a residential dwelling equal to the number of bedrooms the city establishes as eligible for listing as a short- term vacation rental unit and shall not exceed the number of bedrooms allowable for the number of occupants as set forth in Section 3.25.070. The allowable number of bedrooms shall meet all applicable requirements under federal, state and city codes, including, but not limited to, the provisions of Section 9.50.100 (or successor provision, as may be amended from time to time) governing "additional bedrooms" and all applicable building and construction codes in Title 8 of this code. A short-term vacation rental permit shall not issue for, or otherwise authorize the use of, additional bedrooms converted from non-bedroom spaces or areas in an existing residential dwelling except upon express city approval for the additional bedrooms in compliance with this code, including Section 9.50.100 (or successor provision, as may be amended from time to time), and upon approval of an application for a new or renewed short-term vacation rental permit as provided in subsection B. D. A short-term vacation rental permit and business license shall not be issued, and may be suspended or permanently revoked, if the property, or any building, structure, or use or land use on the property is in violation of this code. The city may conduct an inspection of the property prior to the issuance or renewal of a short-term vacation rental permit and/or business license. Code compliance inspections may be billed for full cost recovery at one (1) hour for initial inspection and in thirty (30)-minute increments for each follow-up inspection. For purposes of this subsection, a code violation exists if, at the time of the submittal of an application for a new or renewed short-term vacation rental permit or business license, the city has commenced administrative proceedings by issuing written communication and/or official notice to the owner or owner's responsible agent or representative of one (1) or more code violations. For purposes of this chapter, "building," "structure," and "use or land use" have the same meanings as set forth in Section 9.280.030 (or successor provisions, as may be amended from time to time) of this code. E. A short-term vacation rental permit and business license shall not be issued or renewed, and may be suspended or permanently revoked, if any portion of transient occupancy tax has not been reported and/or remitted to the city for the previous calendar year by the applicable deadline for the reporting and/or remittance of the transient occupancy tax. F. A short-term vacation rental permit and business license shall not be issued or renewed, and may be suspended or permanently revoked, if the residential dwelling to be used as a short-term rental unit lacks adequate onsite parking. For purposes of this subsection, "adequate onsite parking" shall be determined by dividing the total number of occupants commensurate with the approved number of bedrooms as provided in the table under Section 3.25.070 by four (4), such that the ratio of the total number of occupants to onsite parking spots does not exceed four to one (4:1). For example, a residential dwelling with five (5) bedrooms may permissibly host a total number of ten occupants and therefore requires three (3) on-site parking spots. Onsite parking shall be on an approved driveway, garage, and/or carport areas only in accordance with Section 3.25.070(R), and no more than two (2) street parking spots may count towards the number of on-site parking spots necessary to meet the "adequate onsite parking" requirement under this subsection. G. An owner or owner's authorized agent or representative who claims not to be operating a short-term vacation rental unit or who has obtained a valid short-term vacation rental permit and business license pursuant to this chapter, may voluntarily opt-out of the requirements of this chapter, prior to the issuance or expiration of a short-term vacation rental permit and business license that are applicable to the short-term vacation rental unit, only upon the owner, the owner's authorized agent or representative and/or the owner's designated local contact person executing, under penalty of perjury, a declaration of non-use as a short-term vacation rental unit, in a form prescribed by the city (for purposes of this chapter, a "declaration of non-use"). Upon the receipt and filing by the city of a fully executed declaration of non-use, the owner or 667 Created: 2021-12-15 15:04:50 [EST] (Supp. No. 2, Update 2) Page 6 of 15 owner's authorized agent representative shall be released from complying with this chapter as long as the property is not used as a short-term vacation rental unit. Use of the property as a short-term vacation unit after the city's receipt and filing of a declaration of non-use, is a violation of this chapter. If, after a declaration of non-use has been received and filed by the city, the owner or owner's authorized agent or representative wants to use that property as a short-term vacation rental unit, the owner shall apply for a new short-term vacation rental permit and business license and fully comply with the requirements of this chapter and the code; provided, however, that if a short-term vacation rental permit is or will be suspended on the date an owner or owner's authorized agent or representative submits to the city a declaration of non- use for the short-term vacation rental unit under suspension, then the owner may apply for a new short- term vacation rental permit and business license only after twelve (12) consecutive months have elapsed from the date of the declaration of non-use, and the owner and owner's authorized agent or representative otherwise shall fully comply with the requirements of this chapter and the code. (Ord. 595 § 1(Exh. A), 6-15-2021; Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 577 § 1, 2019; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.055 Non-issuance of new short-term vacation rental permits; periodic council review. A. Commencing May 20, 2021, which is the effective date of the ordinance adding this section, there shall be no processing of, or issuance for, any applications for a new short-term vacation rental permit, required by this chapter to use or operate a short-term vacation rental unit in the city, except applications for a new a short- term vacation rental permit covering a short-term vacation rental unit that meets one (1) or more of the following: 1. A residential dwelling within a residential project located in the CT Tourist Commercial District zone, as defined in Section 9.70.070 (or successor section) of this code and depicted in the city's official zoning map. 2. A residential dwelling within a residential project located in the VC Village Commercial District zone, as defined in Section 9.70.100 (or successor section) of this code and depicted in the city's official zoning map. 3. A residential dwelling within a residential project subject to a development agreement with the city, or subject to a condition of approval(s) attached to any entitlement approved by the city (including but not limited to a specific plan, subdivision map, or site development permit), pursuant to which short-term vacation rentals are a permitted use, and the residential dwelling's use as a short-term vacation rental is authorized under a declaration of covenants, conditions, and restrictions (CC&Rs), for the residential project. 4. A residential dwelling within the area covered by the SilverRock Resort Specific Plan. 5. A residential dwelling is located adjacent to the CT Tourist Commercial District zone, as defined in Section 9.70.070 and depicted in the city's official zoning map, and within the following boundaries; west of Avenida Obregon, south of the Avenida Fernando, east of Calle Mazatlan, and north of the driveway access between Calle Mazatlan and Avenida Obregon that serves as a southern boundary for the La Quinta Tennis Villas/Tennis Condos area identified on page 25 of the La Quinta Resort Specific Plan, 121 E—Amendment 5 (as may be subsequently amended from time to time). For purposes of this subsection, "adjacent to" means across the street from or accessible by a driveway or service road designed to provide access to area(s) within the CT Tourist Commercial District zone. B. The city manager or authorized designee shall have the authority to implement policies or procedures to review and verify whether an application for a new short-term vacation rental permit meets the criteria set forth in this section. 668 Created: 2021-12-15 15:04:50 [EST] (Supp. No. 2, Update 2) Page 7 of 15 C. This section shall not apply to applications for a renewal of an existing short-term vacation rental permit and business license, submitted in compliance with this chapter, including when the short-term vacation rental permit is under suspension during the time for processing the renewal application. Applications for renewals must be submitted as prescribed by this chapter. Any short-term vacation rental unit, covered by a permit that is subject to an application for renewal, which is under temporary suspension in violation of this chapter or any other provisions of this code, shall not become permitted to use the dwelling as a short-term vacation rental unit until all violations that led to the temporary suspension have been remedied and the suspension has expired. Any revoked short-term vacation rental permit shall not be eligible for renewal or new short- term vacation rental permit. D. The city council shall periodically review the impacts or effects, if any, caused by the non-issuance of new short-term vacation rental permits set forth in this section. The city manager or authorized designee shall prepare a report assessing impacts or effects, if any, for the council to review at a regular or special meeting. (Ord. 596 § 2, 2021; Ord. 595 § 1(Exh. A), 6-15-2021; Ord. 591 § 1(Exh. A), 4-20-2021) 3.25.060 Short-term vacation rental permit—Application requirements. A. The owner or the owner's authorized agent or representative must submit the information required on the city's short-term vacation rental permit application form provided by the city, which may include any or all of the following: 1. The name, address, and telephone number of the owner of the subject short-term vacation rental unit; 2. The name, address, and telephone number of the owner's authorized agent or representative, if any; 3. The name, address, and twenty-four (24)-hour telephone number of the local contact person; 4. The address of the proposed short-term vacation rental unit, Internet listing site and listing number; 5. The number of bedrooms shall not exceed the number of bedrooms allowable for the number of occupants as set forth in Section 3.25.070. The allowable number of bedrooms shall meet all applicable building and construction requirements under federal, state and city codes, including, but not limited to, the provisions of Section 9.50.100 (or successor provision, as may be amended from time to time) governing "additional bedrooms" and all applicable building and construction codes in Title 8 of this code; 6. Acknowledgement of receipt of all electronically distributed short-term vacation rental information from the city, including any good neighbor brochure; 7. The owner or owner's authorized agent or representative who has applied for a short-term vacation rental permit shall provide the city with written authorization that issuance of a short-term vacation rental permit pursuant to this chapter is not inconsistent with any recorded or unrecorded restrictive covenant, document, or other policy of a homeowner association (HOA) or other person or entity which has governing authority over the property on which a short-term vacation rental unit will be operated; in furtherance of this requirement, there shall be a rebuttable presumption that an owner or owner's authorized agent or representative does not have written authorization for the issuance of a short-term vacation rental permit if a HOA or other person or entity which has governing authority over the property has submitted to the city a duly-authorized official writing, which informs the city that short-term vacation rentals of thirty (30) consecutive days or less are not permitted on the property applying for a short-term vacation rental permit; and 8. Such other information as the city manager or authorized designee deems reasonably necessary to administer this chapter. 669 Created: 2021-12-15 15:04:50 [EST] (Supp. No. 2, Update 2) Page 8 of 15 B. The short-term vacation rental permit application shall be accompanied by an application fee as set by resolution of the city council. A short-term vacation rental permit and business license shall not be issued or renewed while any check or other payment method cannot be processed for insufficient funds. C. The city may determine the maximum number of bedrooms in a residential dwelling with multiple bedrooms eligible for use as a short-term vacation rental unit upon issuance of a short-term vacation rental permit. When determining the maximum number of bedrooms eligible for use as short-term vacation rentals, the city shall consider the public health, safety, and welfare, shall comply with building and residential codes, and may rely on public records relating to planned and approved living space within the residential dwellings, including, but not limited to, title insurance reports, official county records, and tax assessor records. Owners of residential dwellings that exceed five thousand (5,000) square feet of developed space on a lot may apply for additional bedrooms. An owner and/or owner's authorized agent or representative may not advertise availability for occupancy of a short-term vacation rental unit for more than the approved number of bedrooms listed in the short-term vacation rental permit issued by the city pursuant to this chapter. In addition to any other rights and remedies available to the city under this chapter, the first violation for failing to advertise the approved number of bedrooms may be subject to a fine by an administrative citation, and a second or subsequent violation for failing to advertise the approved number of bedrooms may result in a revocation (which may include permanent revocation) of the short-term vacation rental permit and/or any affiliated licenses or permits pursuant to the provisions set forth in Section 3.25.100. D. Short-term vacation rental permit applications shall comply with the following: 1. A short-term vacation rental permit application for the estate home shall be subject to evaluation and inspection of the property to ensure that the short-term vacation rental unit will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties in the vicinity. Evaluation and inspection shall include, but not be limited to: verification of the number of bedrooms, adequate on-site parking spaces, availability of nearby street parking, physical distance of the estate home from adjacent properties, such as location and distance of outdoor gathering spaces, pools, and other living spaces from neighboring properties. The city manager, or designee, shall have the authority to impose additional conditions on the use of the estate home as a short-term vacation rental unit to ensure that any potential secondary effects unique to the subject short- term vacation rental unit are avoided or adequately mitigated. 2. A short-term vacation rental permit application may be denied if the applicant has failed to comply with application requirements in this chapter, or has had a prior short-term vacation rental permit for the same unit revoked within the past twelve (12) calendar months. In addition, upon adoption of a resolution pursuant to subsection H, the city may limit the number of short-term vacation rental units in a given geographic area based on a high concentration of short-term vacation rental units. The city shall maintain a waiting list of short-term vacation rental permit applications for such geographic areas where the city determines, based on substantial evidence after a noticed public hearing and public hearing, there is a higher than average concentration of short-term vacation rental units that either affects the public health, safety, and welfare or significantly negatively impacts the character and standard of living in a neighborhood within that geographic area, or both. E. Short-term vacation rental permit applications may take up to, and the city shall have, thirty (30) calendar days to process. An application for a renewal of a short-term vacation rental permit and business license should be submitted at least thirty (30) calendar days prior to the existing permit's expiration to allow sufficient time for the city to process the renewal application. Nothing in this subsection or chapter shall be construed as requiring the city to issue or deny a short-term vacation rental permit in less than thirty (30) calendar days, as no permit shall be issued until such time as application review is complete. No short-term vacation rental use may occur in the city without a valid short-term vacation rental permit is issued in accordance with this chapter. 670 Created: 2021-12-15 15:04:50 [EST] (Supp. No. 2, Update 2) Page 9 of 15 F. Upon a change of ownership of a property (or upon a new person and/or new entity owning or controlling a business or organization or other entity of any kind, such as a limited liability company, which is the owner of a property) licensed to operate as a short-term vacation rental unit, the owner or owner's authorized agent or representative shall notify the city of such change immediately. The existing short-term vacation rental permit shall be terminated and the property must cease operating as a short-term vacation rental immediately. Failure to comply may result in a fine of one thousand dollars ($1,000.00) per day for a continuing violation of this subsection F. G. Immediately upon a change of an owner's authorized agent or representative, local contact, or any other change pertaining to the information contained in the short-term vacation rental application, the owner or owner's authorized agent or representative shall update the short-term vacation rental unit's online registration profile used by the city for the implementation of the short-term vacation rental regulations. Failure to update immediately this information may result in a violation of this chapter, including but not limited to a suspension or revocation of a short-term vacation rental permit, until all information is updated. H. The city manager or authorized designee shall prepare, for adoption by resolution by the city council, a review procedure and criteria to evaluate the limitation for issuance of STVR permits and/or STVR applications for geographic areas within the city as set forth in subsection D. (Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.065 Short-term vacation rental permit—Grounds for denial. A. In addition to any other grounds provided in this chapter, an application (including renewal application) for a short-term vacation rental permit may be denied if use of the short-term vacation rental unit has been, will be, or is apt to become any one (1) or more of the following. 1. Prohibited by any local ordinance or by any state or federal law, statute, rule or regulation; 2. A public nuisance; 3. In any way detrimental to the public interest; 4. Prohibited by zoning laws and ordinances. B. An application (including renewal application) for a short-term vacation rental permit may also be denied on the grounds that the applicant has knowingly made a false statement in a material matter either in his/her/their application or in his/her/their testimony before the city manager or other body hearing such testimony. C. This section is intended to be, and shall be construed as being, in alignment with the grounds for denial of a business license set forth in Section 3.28.080 (or successor section) of this code. (Ord. 591 § 1(Exh. A), 4-20-2021) 3.25.070 Operational requirements and standard conditions. A. The owner and/or owner's authorized agent or representative shall use reasonably prudent business practices to ensure that the short-term vacation rental unit is used in a manner that complies with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term vacation rental unit. 1. An estate home may be established for short-term vacation rental use subject to evaluation and inspection of the property pursuant to Section 3.25.060(D)(1). 671 Created: 2021-12-15 15:04:50 [EST] (Supp. No. 2, Update 2) Page 10 of 15 2. An estate home established for short-term vacation rental use is required to be equipped with a noise monitoring device(s) that is operable at all times. B. The responsible person(s) shall be an occupant(s) of the short-term vacation rental unit for which he, she or they signed a rental agreement for such rental, use and occupancy, and/or any person(s) occupying the short-term vacation rental unit without a rental agreement, including the owner, owner's authorized agent or representative, local contact(s) and their guests. No non-permanent improvements to the property, such as tents, trailers, or other mobile units, may be used as short-term vacation rentals. The total number of occupants, including the responsible person(s), allowed to occupy any given short-term vacation rental unit may be within the ranges set forth in the table below. By the issuance of a short-term vacation rental permit, the city or its authorized designees, including police, shall have the right to conduct a count of all persons occupying the short-term vacation rental unit in response to a complaint or any other legal grounds to conduct an inspection resulting from the use of the short-term vacation rental unit, and the failure to allow the city or its authorized designees the ability to conduct such a count may constitute a violation of this chapter. The city council may by resolution further restrict occupancy levels provided those restrictions are within the occupancy ranges set forth below. Number of Bedrooms Total of Overnight* Occupants Total Daytime** Occupants (Including Number of Overnight Occupants) 0—Studio 2 2—8 1 2—4 2—8 2 4—6 4—8 3 6—8 6—12 4 8—10 8—16 5 10—12 10—18 6 12—14 12—20 7 14 14—20 8 16 16—22 9 18 18—24 *Overnight (10:01 p.m.—6:59 a.m.) **Daytime (7:00 a.m.—10:00 p.m.) C. The person(s) listed as the local contact person in the short-term vacation rental unit's online registration profile shall be available twenty-four (24) hours per day, seven (7) days per week, with the ability to respond to the location within thirty (30) minutes to complaints regarding the condition, operation, or conduct of occupants of the short-term vacation rental unit or their guests. The person(s) listed as a local contact person shall be able to respond personally to the location, or to contact the owner or the owner's authorized agent or representative to respond personally to the location, within thirty (30) minutes of notification or attempted notification by the city or its authorized short-term vacation rental designated hotline service provider. No provision in this section shall obligate the city or its authorized short-term vacation rental designated hotline service provider to attempt to contact any person or entity other than the person(s) listed as the local contact person. D. The owner, the owner's authorized agent or representative and/or the owner's designated local contact person shall use reasonably prudent business practices to ensure that the occupants and/or guests of the short-term vacation rental unit do not create unreasonable or unlawful noise or disturbances, engage in disorderly conduct, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental unit. 672 Created: 2021-12-15 15:04:50 [EST] (Supp. No. 2, Update 2) Page 11 of 15 E. Occupants of the short-term vacation rental unit shall comply with the standards and regulations for allowable noise at the property in accordance with Sections 9.100.210 and 11.08.040 (or successor provision, as may be amended from time to time) of this code. No radio receiver, musical instrument, phonograph, compact disk player, loudspeaker, karaoke machine, sound amplifier, or any machine, device or equipment that produces or reproduces any sound shall be used outside or be audible from the outside of any short- term vacation rental unit between the hours of 10:00 p.m. and 7:00 a.m. Pacific Standard Time. Observations of noise related violations shall be made by the city or its authorized designee from any location at which a city official or authorized designee may lawfully be, including but not limited to any public right-of-way, any city-owned public property, and any private property to which the city or its authorized designee has been granted access. F. Prior to occupancy of a short-term vacation rental unit, the owner or the owner's authorized agent or representative shall: 1. Obtain the contact information of the responsible person; 2. Provide copies of all electronically distributed short-term vacation rental information from the city, including any good neighbor brochure to the responsible person and post in a conspicuous location within the short-term vacation rental unit, in a manner that allows for the information to be viewed in its entirety; and require such responsible person to execute a formal acknowledgement that he or she is legally responsible for compliance by all occupants of the short-term vacation rental unit and their guests with all applicable laws, rules and regulations pertaining to the use and occupancy of the short-term vacation rental unit. This information shall be maintained by the owner or the owner's authorized agent or representative for a period of three (3) years and be made readily available upon request of any officer of the city responsible for the enforcement of any provision of this code or any other applicable law, rule or regulation pertaining to the use and occupancy of the short-term vacation rental unit. G. The owner, the owner's authorized agent or representative and/or the owner's designated local contact person shall, upon notification or attempted notification that the responsible person and/or any occupant and/or guest of the short-term vacation rental unit has created unreasonable or unlawful noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental unit, promptly respond within thirty (30) minutes to immediately halt and prevent a recurrence of such conduct by the responsible person and/or any occupants and/or guests. Failure of the owner, the owner's authorized agent or representative and/or the owner's designated local contact person to respond to calls or complaints regarding the condition, operation, or conduct of occupants and/or guests of the short-term vacation rental unit within thirty (30) minutes, shall be subject to all administrative, legal and equitable remedies available to the city. H. Reserved. I. Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the city's authorized waste hauler on scheduled trash collection days. The owner, the owner's authorized agent or representative shall use reasonably prudent business practices to ensure compliance with all the provisions of Chapter 6.04 (Solid Waste Collection and Disposal) (or successor provision, as may be amended from time to time) of this code. J. Signs may be posted on the premises to advertise the availability of the short-term vacation rental unit as provided for in Chapter 9.160 (Signs) (or successor provision, as may be amended from time to time) of this code. K. The owner, authorized agent or representative and/or the owner's designated local contact person shall post a copy of the short-term vacation rental permit and a copy of the good neighbor brochure in a conspicuous place within the short-term vacation rental unit, and a copy of the good neighbor brochure shall be provided to each occupant of the subject short-term vacation rental unit. 673 Created: 2021-12-15 15:04:50 [EST] (Supp. No. 2, Update 2) Page 12 of 15 L. Unless otherwise provided in this chapter, the owner and/or the owner's authorized agent or representative shall comply with all provisions of Chapter 3.24 concerning transient occupancy taxes, including, but not limited to, submission of a monthly return in accordance with Section 3.24.080 (or successor provisions, as may be amended from time to time) of this code, which shall be filed monthly even if the short-term vacation rental unit was not rented during each such month. M. Guesthouses, detached from the primary residential dwelling on the property, or the primary residential dwelling on the property, may be rented pursuant to this chapter as long as the guesthouse and the primary residential dwelling are rented to one (1) party. N. The owner and/or the owner's authorized agent or representative shall post the number of authorized bedrooms and the current short-term vacation rental permit number at the beginning or top of any advertisement that promotes the availability or existence of a short-term vacation rental unit. In the instance of audio-only advertising of the same, the short-term vacation rental permit number shall be read as part of the advertisement. O. The owner and/or owner's authorized agent or representative shall operate a short-term vacation rental unit in compliance with any other permits or licenses that apply to the property, including, but not limited to, any permit or license needed to operate a special event pursuant to Section 9.60.170 (or successor provision, as may be amended from time to time) of this code. The city may limit the number of special event permits issued per year on residential dwellings pursuant to Section 9.60.170 (or successor provision, as may be amended from time to time). P. The city manager, or designee, shall have the authority to impose additional conditions on the use of any given short-term vacation rental unit to ensure that any potential secondary effects unique to the subject short-term vacation rental unit are avoided or adequately mitigated, including, but not limited to, a mitigating condition that would require the installation of a noise monitoring device to keep time-stamped noise level data from the property that will be made available to the city upon city's reasonable request. Q. The standard conditions set forth herein may be modified by the city manager, or designee, upon request of the owner or the owner's authorized agent or representative based on site-specific circumstances for the purpose of allowing reasonable accommodation of a short-term vacation rental. All requests must be in writing and shall identify how the strict application of the standard conditions creates an unreasonable hardship to a property such that, if the requirement is not modified, reasonable use of the property for a short-term vacation rental would not be allowed. Any hardships identified must relate to physical constraints to the subject site and shall not be self-induced or economic. Any modifications of the standard conditions shall not further exacerbate an already existing problem. R. On-site parking shall be on an approved driveway, garage, and/or carport areas only; this section does not impose restrictions on public street parking regulations. Recreational vehicles may be parked in accordance with the provisions set forth in Section 9.60.130 (or successor provision, as may be amended from time to time) of this code. (Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 577 § 1, 2019; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.080 Recordkeeping and hosting platform duties. A. The owner or the owner's authorized agent or representative shall maintain for a period of three (3) years, records in such form as the tax administrator (as defined in Chapter 3.24) may require to determine the amount of transient occupancy tax owed to the city. The tax administrator shall have the right to inspect such records at all reasonable times, which may be subject to the subpoena by the tax administrator 674 Created: 2021-12-15 15:04:50 [EST] (Supp. No. 2, Update 2) Page 13 of 15 pursuant to Section 3.24.140 (Records) (Transient Occupancy Tax) (or successor provisions, as may be amended from time to time) of this code. B. Hosting platforms shall not complete any booking transaction for any residential dwelling or other property purporting to be a short-term vacation rental unit in the city unless the dwelling or property has a current and valid short-term vacation rental permit issued pursuant to this chapter, which is not under suspension, for the dates and times proposed as part of the booking transaction. 1. The city shall maintain an online registry of active and suspended short-term vacation rental permits, which hosting platforms may reference and rely upon for purposes of complying with subsection B. If a residential dwelling or other property purporting to be a short-term vacation rental unit matches with an address, permit number, and/or current and valid permit dates (not under suspension) set forth in the city's online registry, the hosting platforms may presume that the dwelling or other property has a current and valid short-term vacation rental permit. 2. The provisions of this subsection B shall be interpreted in accordance with otherwise applicable state and federal law(s) and will not apply if determined by the city to be in violation of, or preempted by, any such law(s). (Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.090 Violations. A. Additional Conditions. A violation of any provision of this chapter or this code by any applicant, occupant, responsible person, local contact person, owner, or owner's authorized agent or representative, shall authorize the city manager, or designee, to impose additional conditions on the use of any given short-term vacation rental unit to ensure that any potential additional violations are avoided. B. Permit Modification, Suspension and Revocation. A violation of any provision of this chapter, this code, California Vehicle Code, or any other applicable federal, state, or local laws or codes, including, but not limited to, applicable fire codes and the building and construction codes as set forth in Title 8 of this code, by any applicant, occupant, responsible person, local contact person, owner, or owner's authorized agent or representative, shall constitute grounds for modification, suspension and/or revocation (which may include permanent revocation) of the short-term vacation rental permit and/or any affiliated licenses or permits pursuant to the provisions set forth in Section 3.25.100. C. Notice of Violation. The city may issue a notice of violation to any applicant, occupant, responsible person, local contact person, owner, owner's authorized agent or representative, or hosting platform, pursuant to Section 1.01.300 (or successor provisions, as may be amended from time to time) of this code, if there is any violation of this chapter committed, caused or maintained by any of the above parties. D. Two (2) Strikes Policy. Subject to a minor violation reprieve request, two (2) violations of any provision of this chapter or this code within one (1) year by any applicant, occupant, responsible person, local contact person, owner, or owner's authorized agent or representative, with respect to any one (1) residential dwelling shall result in an immediate suspension of the short-term vacation rental permit with subsequent ability to have a hearing before the city, pursuant to this chapter, to request a lifting of the suspension. For purposes of this subsection, a "minor violation reprieve request" means a written request submitted to the city's code enforcement officer for relief from counting one (1) or more violations within the one (1) year period as a minor violation, and "minor violation" means a violation of a particular section of this code that resulted in minimal impact on the use and enjoyment of the adjacent and nearby properties caused by any of the following: 675 Created: 2021-12-15 15:04:50 [EST] (Supp. No. 2, Update 2) Page 14 of 15 1. Minor debris or trash containers left in view as a first offense; 2. A short-term vacation rental permit number or bedroom count not posted on an advertisement as a first offense; 3. A short-term vacation rental permit number or bedroom count posted in the wrong location on an advertisement as a first offense; or 4. Over occupancy due to a minor child not associated with a disturbance. A determination of whether a code violation is a minor violation shall be based on substantial evidence presented to the code enforcement officer relating to that violation. E. Administrative and Misdemeanor Citations. The city may issue an administrative citation to any applicant, occupant, responsible person, local contact person, owner, owner's authorized agent or representative, or hosting platform, pursuant to Chapter 1.09 (Administrative Citations) (or successor provisions, as may be amended from time to time) of this code, if there is any violation of this chapter committed, caused or maintained by any of the above parties. Nothing in this section shall preclude the city from also issuing an infraction citation upon the occurrence of the same offense on a separate day. An administrative citation may impose a fine for one (1) or more violations of this chapter in the maximum amount allowed by state law or this code in which the latter amount shall be as follows: 1. General STVR Violations (Occupancy/Noise/Parking). a. First violation: one thousand dollars ($1,000.00); b. Second violation: two thousand dollars ($2,000.00); c. Third violation: three thousand dollars ($3,000.00). 2. Operating a STVR Without a Valid Short-Term Vacation Rental Permit. a. First violation: three thousand dollars ($3,000.00); b. Second or more violations: five thousand dollars ($5,000.00); c. In addition to the fine set forth above, the first violation of operating a STVR without a valid short- term vacation rental permit shall be cause for an owner (or person and/or entity that owns or controls a business or organization or other entity of any kind, such as a limited liability company, which is the owner of a property) to be prohibited for all time from being eligible to be issued a short- term vacation rental permit and/or business license for use of a property as a short-term vacation rental unit. 3. Hosting a Special Event at a STVR Without a Special Event Permit as Required by Section 9.60.170 (or Successor Provision, as May Be Amended From Time to Time) of This Code. a. First violation: five thousand dollars ($5,000.00); b. Second violation: five thousand dollars ($500.00). F. Public Nuisance. In addition to any and all rights and remedies available to the city, it shall be a public nuisance for any person or entity to commit, cause or maintain a violation of this chapter, which shall be subject to the provisions of Section 1.01.250 (Violations public nuisances) (or successor provisions, as may be amended from time to time) of this code. (Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 578 § 1, 2019; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 676 Created: 2021-12-15 15:04:50 [EST] (Supp. No. 2, Update 2) Page 15 of 15 3.25.100 Appeals. A. Any person aggrieved by any decision of a city officer made pursuant to this chapter may request a hearing before the city manager in accordance with Chapter 2.08 (or successor provisions, as may be amended from time to time) of this code. B. Notwithstanding any provisions in Section 2.08.230 or otherwise in the code, the decision by the city manager of an appeal brought under this chapter shall be the final decision by the city for any violation of a short-term vacation rental permit issued under this order, except for any administrative citation imposing a fine, which shall be processed and subject to an administrative appeal pursuant to Chapter 1.09 of the code. (Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017) 677 678 TR 36279 TR 33085 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community AVENUE 52VISTA BONITATRAILBETH CR MADISON STREETCity of Indio City of La Quinta City of La Quinta Design and Development Department Polo VillasResidences January 2022 ® Planning Division Legend City Boundary Project Site ATTACHMENT 1ATTACHMENT 1 679 680 FISCAL IMPACT ANALYSIS FOR POLO VILLAS January 2022 Prepared By: ATTACHMENT 2 681 Fiscal Impact Analysis January 2022 Polo Villas - 2 - Table of Contents Page Contents 1.0 Purpose of Fiscal Impact Analysis ................................................................................ 3 2.0 Project Description........................................................................................................ 3 3.0 FIA Limiting Conditions............................................................................................... 3 4.0 General Sources of Information and Methodology Used in FIA .................................. 4 5.0 FIA Summary and Conclusions .................................................................................... 5 6.0 FIA Recurring Revenues............................................................................................... 6 6.1 Property Tax .............................................................................................................. 6 6.2 Property Transfer Tax ................................................................................................ 7 6.3 Property Tax In-Lieu of Vehicle License Fees (“VLF”) ........................................... 7 6.4 Transient Occupancy Tax (TOT) .............................................................................. 7 6.5 Offsite Sales Tax ....................................................................................................... 7 6.6 Other Revenues.......................................................................................................... 8 7.0 FIA Recurring Costs ..................................................................................................... 8 7.1 General Administration ............................................................................................. 8 7.2 Police ......................................................................................................................... 9 7.3 Fire ............................................................................................................................. 9 7.4 Community Resources ............................................................................................... 9 7.5 Public Works ............................................................................................................. 9 7.6 Design & Development ............................................................................................. 9 7.7 Fiscal Services ........................................................................................................... 9 8.0 Impact Fees ................................................................................................................. 10 9.0 Glossary of Defined Terms and Acronyms ................................................................ 10 Appendices: Appendix A – Project Aerial Appendix B – Fiscal Impact Analysis Tables 682 Fiscal Impact Analysis January 2022 Polo Villas - 3 - 1.0 Purpose of Fiscal Impact Analysis This Fiscal Impact Analysis (“FIA”) has been prepared to determine the estimated fiscal impacts on the City of La Quinta (“City”) in connection with the proposed development of the Polo Villas project (“Project”), an 18 single family unit, short-term rental, development with 11 existing dwelling units and an additional 7 lots proposed for development of single family units similar to the existing 11 dwelling units. The reader should be aware that the FIA contains estimates or projections of the Project’s future revenue and cost impacts on the City and actual fiscal results may vary from estimates because events and circumstances may occur in a manner that is different than projected in the FIA. The primary purpose of this FIA is to estimate the Project’s net fiscal impact on the City’s General Fund upon build-out. 2.0 Project Description Polo Villas is a short-term rental development consisting of 18 homes, generating an estimated population equivalent of 140 visitors. Development has already been completed on 11 of the single family dwelling units with an additional 7 units proposed for development. The lots on the site total approximately 10.28 acres of land. The project is located at the corner of Madison Street and Vista Bonita Trail within the City of La Quinta. 3.0 FIA Limiting Conditions The FIA is subject to the following limiting conditions: ▪ The FIA contains an analysis of recurring revenues and costs to the City from development of the Project. The FIA is based on estimates, assumptions, and other information developed from DPFG’s research and experience. ▪ The sources of information and basis of the estimates are stated herein. While we believe the sources of information are reliable, DPFG does not express an opinion or any other form of assurance on the accuracy of such information. ▪ The analysis of recurring revenues and cost impacts to the City contained in the FIA is not considered to be a “financial forecast” or a “financial projection” as technically defined by the American Institute of Certified Public Accountants. The word “projection” used within this report relates to broad expectations of future events or market conditions. ▪ Since the analyses contained herein are based on estimates and assumptions which are inherently subject to uncertainty and variation depending on evolving events, DPFG cannot represent that results will definitely be achieved. Some assumptions inevitably will not materialize and unanticipated events and circumstances may occur; therefore, the actual results achieved may vary from the projections. 683 Fiscal Impact Analysis January 2022 Polo Villas - 4 - 4.0 General Sources of Information and Methodology Used in FIA The FIA was prepared to estimate the allocable revenue and cost impacts to the City’s general fund (“General Fund”) as a result of the Project’s development and operation as short-term rental units. The FIA uses a combination of case study methods and multiplier methods to estimate Project impacts. When projecting fiscal impacts using a multiplier method, the FIA determines per capita/employee impacts by applying the appropriate multiplier to the Project’s land use assumptions. The Per Capita-and-Employee-Multiplier Method involves dividing a cost or revenue figure by the number of residents and 50% of all employees working in the City, and then multiplying that number by the number of residents projected for the Project at buildout. This method assumes that recurring costs and revenues will result from the Project at the same rates that currently prevail within the City, with each employee counted as one-half of a resident to reflect the relative significance of employees (i.e. non- residential land uses) in generating City public services costs or City revenues. The multipliers were calculated using data from the City of La Quinta Approved Operating Budget for Fiscal Year 2020-2021 (“Budget”). Where appropriate, City Budget data is adjusted to account for expected marginal increases when the nature of the cost or revenue item contains a fixed component that is not anticipated to change based on population growth from the Project. All cost and revenue factors are projected in 2021 dollars, and are not adjusted for inflation, based on the assumption that the relative impacts of inflation in future years will be offsetting. Information used in preparing the FIA was obtained from the following sources: (1) City of La Quinta Adopted Budget for Fiscal Year 2021-2022; (2) Avantstay (“Client”); (3) California Employment Development Department (employment information); (4) Riverside Auditor-Controller’s Office (Fiscal Year 2021-2022 share of the basic tax information and assessments); (5) U.S. Census Bureau (population data); (6) U.S. Bureau of Labor Statistics (household expenditure data and persons per household); and (7) Riverside Market View published by CBRE (Market Data). The FIA Appendix is organized as follows: Appendix Table Description B 1 Fiscal Impact Analysis Summaries B 2 Population and Employment Data B 3 Land Use and Assessed Value Assumptions B 4 Post-ERAF Share of the Basic Tax Calculation B 5 Property Taxes In-Lieu of VLF B 6 Transient Occupancy Taxes B 7 Off-Site Sales Tax Revenue B 8 Other Recurring Revenues B 9 Property Taxes In-Lieu of VLF 684 Fiscal Impact Analysis January 2022 Polo Villas - 5 - The following table shows the key demographic and property tax assumptions for both scenarios used in the FIA: Demographic Summary 5.0 FIA Summary and Conclusions The FIA examines the financial impact the Project will have at buildout on the General Fund. The Project will generate additional revenue for the General Fund primarily through increased property taxes, property taxes in-lieu of vehicle license fees, and transient occupancy taxes. The additional costs incurred to the General Fund as a result of the Project are less than the additional revenues generated, and consist primarily of police and fire services. The Project’s direct impact to the General Fund at buildout is summarized in the following chart: Average Beds per Unit 5.2 (a) Average Persons per Bed 2 (b) Total Anticipated Guests per Unit 10.4 Total Units at Buildout 18 Total Anticipated Guests 187 Average Annual Occupancy Rate 65%(b) Total Anticipated Average Annual Persons Generated 122 (Persons Per Household Equivalent) Population / Visitors 37,558 (c)122 Employees 19,400 (d) - Residents + 50% Employees 47,258 122 Footnotes: (c) Per the United States 2020 Census Total Population for the City of La Quinta. (d) Based upon the California Employment Development Department total employment values for the City of La Quinta dated 11/19/2021. (b) Average of 2 persons per bed and 65% occupancy rate per Client and existing development data estimates. (a) Estimate of 5.2 beds per unit per anticipated land use. Estimated Project Residents City Project 685 Fiscal Impact Analysis January 2022 Polo Villas - 6 - As seen in the chart, the Project is anticipated to generate a $810,589 surplus to the City on an annual basis, once the Project is fully developed. 6.0 FIA Recurring Revenues 6.1 Property Tax In addition to other ad valorem charges imposed by various local agencies, land owners in the State of California (“State”) are required to pay annual property taxes of 1% on the assessed value of their property pursuant to Proposition 13. Each City in California is divided into tax rate areas (“TRA”). After the basic 1% property tax is collected by the County, the tax is allocated to various local agencies based on each agency’s share of the basic tax within the property’s applicable TRA. The Project is subject to TRA’s 020-056 and 020-160. Per the Riverside County Auditor-Controller, the City will receive a weighted average of 6.4620% of the base 1% ad-valorem tax. The breakdown of lots and estimated assessed value by TRA is detailed in Appendix B, Table 4. In total, the Project is anticipated to generate the following per year in property taxes for each scenario. Total Total Assessed Value from Table 2 36,000,000$ Base 1% Ad-Valorem Tax 1.00% 360,000$ Cityy Share 6.4620% 23,263$ 686 Fiscal Impact Analysis January 2022 Polo Villas - 7 - 6.2 Property Transfer Tax The City receives property transfer tax revenue as new or existing property is sold and ownership is transferred. In accordance with California Revenue and Taxation Code Section 11911, a City may levy a transfer tax at the rate of $0.55 for each $1,000 of assessed value. The FIA assumes a residential turnover rate of 10.00% of total assessed value per year (i.e., properties change ownership every 10 years on average) and a commercial turnover rate of 5.00% of the total assessed value per year (i.e. properties change ownership every 20 years on average). To be conservative, this analysis does not assume that the property will be sold in the near future. 6.3 Property Tax In-Lieu of Vehicle License Fees (“VLF”) In May 2004, Governor Schwarzenegger proposed a swap of City and City VLF revenue for additional property tax share as part of a budget agreement between the State and local governments. The swap was included in the 2004 budget package. Under this legislation, property tax in-lieu of VLF is allocated to Cities and Counties pursuant to a complex formula involving each agencies relative share of assessed value. The property tax in-lieu of VLF revenue that will be generated by the Project can be estimated by determining the (i) percentage growth in the total assessed value of the City attributable to the Project, and multiplying by (ii) the property tax in-lieu of VLF revenue of $4,615,000 expected to be received by the City in fiscal year 2021/22 per the City Budget. Based on these calculations, the Project is anticipated to generate an additional $7,731 annually in property tax in-lieu of VLF revenue (reference Appendix B, Table 5). 6.4 Transient Occupancy Tax (TOT) The transient occupancy tax (hotel, motel, campground or bed tax) is authorized under State Revenue and Taxation Code Section 7280, as an additional source of non-property tax revenue to local government. Per City of La Quinta, the City levies a transient occupancy tax at a rate of 10.00% of hotel or other lodging stays of less than 30 days. Based on information provided by the client regarding the actual gross rental revenue generated by the existing development, we’ve estimated the average yearly gross rental revenue increase based on the additional proposed lots. Based on the forgoing, we have projected transient occupancy tax. Accordingly, the FIA projects annual transient occupancy tax revenue of $831,183, as calculated in Appendix B, Table 8. 6.5 Offsite Sales Tax Under the California Sales and Use Tax Law, the sale of tangible personal property is subject to sales or use tax unless exempt or otherwise excluded. When the sales tax applies, the use tax does not apply and the opposite is also true. The sales tax is imposed on all retailers for the privilege of selling tangible personal property in the State and is measured by the retailer’s gross receipts. Currently, there is a 7.25% statewide sales and use tax base rate that is collected by the State Board of Equalization. The State government receives 6.25% of the 7.25% and local governments receive the remaining 1.00% which is transferred to the local government’s 687 Fiscal Impact Analysis January 2022 Polo Villas - 8 - general fund. The City has also approved Measure G in 2016 which was approved by voters and results in an additional 1.00% sales tax. The City will receive sales tax revenue from taxable purchases made within the City limits by the Project’s visitors. Applying the methodology outlined in Appendix B Table 7 the Project is anticipated to generate $43,849 in residential off-site sales tax. Total Estimated Spending per Week per Person (a)2,100$ 255,528$ Estimated Annual Spending 13,287,456$ Less: Vacancy (b)20%(2,657,491) Less: Estimated Annual spending on Lodging and Non Taxable Sales (c)47%(6,245,104) Total Anticipated Annual taxable spending 4,384,860$ Total Spending anticipated outside City (d)50%(2,192,430)$ Total Taxable Spending within City of La Quinta 2,192,430$ Annual Sales Taxes to City 1.00%21,924$ Annual Measure G Sales Taxes to City 1.00%21,924$ Total Annual Sales Tax to City 2.00%43,849$ Footnotes: (d) Represents anticipated taxable spending outside the City. (b) Estiamted vacancy represents DPFG's estimate based on location relative to other establishments in the market Spending by Residents:Single Family Short Term Rental (a) Estimate based on average anticipated spending of $300 per person per day ($2,100 per week) based on data from Visit California and the 2017 Report on the Economic Impact of Tourism in the Greater Palm Springs Area. Total estimated spending represents spending for all 140 anticipated guests per week at buildout. (c) Per data from Visit California and the 2017 Report on the Economic Impact of Tourism in the Greater Palm Springs Area average visitor spending. 6.6 Other Revenues The City receives various other revenues analyzed under the FIA. These include (i) franchise fees, (ii) charges for services, and (iii) Franchise Fees, among other recurring revenues. These revenues have been estimated using the appropriate multiplier against the City budgeted revenues for each respective revenue category. Accordingly, total annual “other” revenues are anticipated to be $36,140 at buildout, as seen in Appendix B, Table 8. 7.0 FIA Recurring Costs 7.1 General Administration General Government Administration services cost includes City Council, City Manager, City Attorney, City Clerk, and Human Resources. The FIA assumes an estimated 50% marginal increase for these costs as they do not have a 1:1 relationship with population growth (i.e., majority of costs are fixed, not variable). Accordingly, using a Per Capita & 688 Fiscal Impact Analysis January 2022 Polo Villas - 9 - 50% Employee Multiplier, General Administration costs are anticipated to be approximately $5,666 at buildout, as shown in Appendix B, Table 9. 7.2 Police The Police department will be responsible for providing protection services to the Project. To estimate the Project’s impact on police service costs, the FIA uses a Per Capita & 50% Employee Multiplier of approximately $350.51. Based on this multiplier, total annual police service costs for the Project are estimated to be approximately $45,973 at buildout, as shown in Appendix B, Table 9. 7.3 Fire The La Quinta Fire Department provides fire protection and emergency medical services to the City of La Quinta. To estimate the Project’s impact on fire service costs the FIA uses a Per Capita & 50% Employee Multiplier of approximately $150.39. Based on this multiplier, total annual fire service costs are estimated to be approximately $19,725 at buildout, as shown in Table 9. 7.4 Community Resources The Community Services cost category includes services related to Community Resources Administration, Wellness Center Operations, Recreation Programs/Special Events, as well as Code Compliance/Animal Control. Using a Per Capita Multiplier, total Community Services costs are anticipated to be approximately $6,556 at buildout, as shown in Appendix B, Table 9. 7.5 Public Works The Public Works cost category include services related to Parks Maintenance, Public Buildings, Public Works Administration, Development Services, Streets, as well as Engineering Services. Using a Per Capita Multiplier, total Public Works costs are anticipated to be approximately $14,666 at buildout, as shown in Appendix B, Table 9. 7.6 Design & Development The Design & Development cost category include services related to Design & Development Administration, Planning, Building, and The Hub. Using a Per Capita Multiplier, total Public Works costs are anticipated to be approximately $8,344 at buildout, as shown in Appendix B, Table 9. 7.7 Fiscal Services The Fiscal Services cost category includes services related to the collection and investment of City monies, accounting, budgeting, and financial reporting. Using a Per Capita Multiplier, total Public Works costs are anticipated to be approximately $30,646 at buildout, as shown in Appendix B, Table 9. 689 Fiscal Impact Analysis January 2022 Polo Villas - 10 - 8.0 Impact Fees The additional 7 lots proposed for dwelling units within the Project will be subject to development impact fees collected by the City and are a one-time revenue event. The City fees are collected to fund park and recreation, community and cultural center, library, civic center, maintenance facilities, fire protection and transportation improvements. The City will also collect fees for TUMF and MSHCP which will be passed through to Coachella Valley Association of Governments and Coachella Valley Conservation Commission, respectively. The total development impact fees to be paid to the City are anticipated to be approximately $91,966 at buildout, as shown in Appendix B, Table 10. 9.0 Glossary of Defined Terms and Acronyms Budget City of La Quinta Adopted FY 2021/2022 Budget City City of La Quinta Client Avantstay DPFG Development Planning & Financing Group FIA Fiscal Impact Analysis General Fund City of La Quinta General Fund Project Polo Villas State State of California TRA Tax Rate Area VLF Vehicle License Fees 690 Fiscal Impact Analysis January 2022 Polo Villas - 11 - Appendix A 691 AVENUE 50AVENUE 50 AVENUE 51AVENUE 51MADISON STMADISON STAVENUE 52AVENUE 52 692 VISTA BONITA TRAILVISTA BONITA TRAIL MADISON STMADISON ST777-500-007777-500-006 777-500-005 777-500-004 777-500-003 777-500-002 777-500-001 777-500-022 777-500-020777-500-019777-500-018 777-500-017 777-500-016 777-500-021 777 - 5 0 0 - 0 2 5 777-500-008 777-500-009 777-500-010 777-500-011 777-500-015 693 Fiscal Impact Analysis January 2022 Polo Villas - 12 - Appendix B 694 Table 1 - Polo Villa Fiscal Impact Analysis Summary Recurring Revenues: Property Tax 23,263$ Table 4 Property Tax in-lieu of VLF 7,731 Table 5 Transient Occupancy Tax 831,183 Table 6 Off-site Sales Tax 43,849 Table 7 Other Revenues 36,140 Table 8 Total Recurring Revenue 942,166$ Recurring Expenditures: City Council 389$ Table 9 City Manager 1,385 Table 9 Marketing & Community Relations 1,707 Table 9 City Attorney 896 Table 9 City Clerk 805 Table 9 Human Resources 484 Table 9 Police 45,973 Table 9 Fire 19,725 Table 9 Community Resources Adminsitration Totals 1,310 Table 9 Wellness Center Operations 969 Table 9 Recreation Programs & Special Events Table 2,339 Table 9 Code Compliance/Animal Control Totals 1,939 Table 9 Parks Maintenance 6,517 Table 9 Public Buildings 3,402 Table 9 Public Works Administration 953 Table 9 Public Works Development Services 555 Table 9 Streets 1,279 Table 9 Engineering Services 1,961 Table 9 Design & Development Adminsitration Totals 1,690 Table 9 Planning 1,747 Table 9 Building 2,368 Table 9 The Hub 2,539 Table 9 Finance 3,718 Table 9 Central Services 26,928 Table 9 Total Recurring Expenditures 131,577$ Net Fiscal Surplus (Deficit)810,589$ FISCAL IMPACT 695 Table 2 - Polo Villas Population and Employment Data Average Beds per Unit 5.2 (a) Average Persons per Bed 2 (b) Total Anticipated Guests per Unit 10.4 Total Units at Buildout 18 Total Anticipated Guests 187 Average Annual Occupancy Rate 65%(b) Total Anticipated Average Annual Persons Generated 122 (Persons Per Household Equivalent) Population / Visitors 37,558 (c)122 Employees 19,400 (d)- Residents + 50% Employees 47,258 122 Footnotes: (c) Per the United States 2020 Census Total Population for the City of La Quinta. (d) Based upon the California Employment Development Department total employment values for the City of La Quinta dated 11/19/2021. (b) Average of 2 persons per bed and 65% occupancy rate per Client and existing development data estimates. (a) Estimate of 5.2 beds per unit per anticipated land use. Estimated Project Residents City Project 696 Table 3 - Polo Villas Land Use and Assessed Value Assumptions Lot 1 - APN 777-500-001 $ 2,000,000 Lot 2 - APN 777-500-002 2,000,000 Lot 3 - APN 777-500-003 2,000,000 Lot 4 - APN 777-500-004 2,000,000 Lot 5 - APN 777-500-005 2,000,000 Lot 6 - APN 777-500-006 2,000,000 Lot 7 - APN 777-500-007 2,000,000 Lot 8 - APN 777-500-008 2,000,000 Lot 9 - APN 777-500-009 2,000,000 Lot 10 - APN 777-500-010 2,000,000 Lot 11 - APN 777-500-011 2,000,000 Residential Subtotal/Avg.22,000,000$ Average of Assessed Value of Developed Lots $ 2,000,000 Residential Subtotal for Remaining 7 Lots 14,000,000$ Total Project Assessed Value 36,000,000$ Footnotes: (b) Remaining 7 lots to be developed are estimated to have an assessed value equal to the average assessed value of the existing lots. (a) Assessed value per anticipated purchase price of $22,000,000 for existing lots. Residential Developed Lots Lot Total Residential Assessed Value (a) Residential Undeveloped Lots (b) 697 Agency 020-056 020-160 General Fund 9.78120003%9.78214642%9.781837094% County Free Library 1.33136960%1.33136960%1.331369600% County Structure Fire Protection 5.44245812%5.44245812%5.442458120% City of La Quinta 6.46308231%6.46147051%6.461997324% Coachella Valley Unified School District 43.22091200%43.22091200%43.220912000% Desert Community College 6.97569300%6.97569300%6.975693000% Riv. Co. Office of Education 3.79513600%3.79513600%3.795136000% Riv. Co. County Regional Park and Open Sp 0.32203427%0.32203427%0.322034270% Coachella Valley Public Cemetary 0.21306183%0.21306183%0.213061830% CV Mosquito and Vector Control 0.90593538%0.90593538%0.905935380% Coachella Valley Rec and Park 1.09680918%1.09680918%1.096809180% CV Water District State WTR Proj 2.53626300%2.53626300%2.536263000% Coachella Valley Resource Conser 0.03251600%0.03251600%0.032516000% CVWD Imp Dist 1 DS 1.18350300%1.18350300%1.183503000% CVWD Storm Water Unit 3.21070500%3.21070500%3.210705000% ERAF Fund 13.48932128%13.48998669%13.489769202% Total 100.000000%100.000000%100.0000% Project Acres (c)3.36 6.92 10.28 % of Total 32.68%67.32%100.00% Total City General Fund 6.4620% Total Total Assessed Value from Table 2 36,000,000$ Base 1% Ad-Valorem Tax 1.00%360,000$ City Share 6.4620%23,263$ (a) (b) (c) Table 4 - Polo Villas Post-ERAF Share of the Basic Tax Calculation Wtd. Avg. of TRAs (a), (b) Footnotes: Source: Fiscal Year 2020-21 Share of the Basic Tax per Riverside County Auditor-Controller's Office, Property Tax Division. The weighted average of TRAs was calculated by the distribution of acreage among the TRAs within the Project. Shares of the basic tax that are received by the City for each TRA are highlighted in bold print. Data per LandVision. 698 Table 5 - Polo Villas Property Taxes In-Lieu of VLF FY 2021/22 In-Lieu VLF Allocation to City (a)4,615,000$ 2020/21 City Assessed Value (b)14,364,884,152 Total Project Assessed Value per Table 3 36,000,000 Less: Existing Assessed Value (c)(11,936,724) Net (New) Assessed Value 24,063,276$ AV Growth from Project 0.168% Annual City Property Taxes In Lieu of VLF 7,731$ Footnotes: (a) Per City of La Quinta Fiscal Year 2021/22 Adopted Budget. (b) Per Riverside County Assessor's Office 2020/21 Assessment Roll. (c) Current assessed value based on APN's 777-500-001, 777-500-002, 777-500- 003, 777-500-004, 777-500-005, 777-500-006, 777-500-007, 777-500-008, 777- 500-009, 777-500-010, 777-500-011, 777-500-016, 777-500-017, 777-500-018, 777-500-019, 777-500-020, 777-500-021, 777-500-022. 699 Table 6 - Polo Villas Transient Occupancy Taxes Plan Type No. of Units Annual Rent Annual Rent Per Unit 5-Bed Units 6 2,635,163$ 439,194$ 6-Bed Units 5 2,444,289 488,858 Total 11 5,079,452$ 461,768$ Plan Type No. of Units Anticipated Annual Rent Annual Rent Per Unit To be Determined 7 3,232,379$ 461,768$ Total 7 3,232,379$ 461,768$ Total Anticipated Annual Rental Revenues 8,311,831$ 461,768$ Annual City Short-term Rental TOT (c)10.00%831,183$ 46,177$ Footnotes: (c) Transient occupancy tax rate per City of La Quinta Adopted Budget. (a) Existing Residential Development plan type, number of units, and anticipated gross rental revenue per Client. Existing Residential Development (a) Proposed Residential Development (b) (b) Proposed residential development for remaining 7 lots is anticipated to be the weighted average of the existing lots annual rent per unit. 700 Table 7 - Polo Villas Off-Site Sales Tax Revenue Total Estimated Spending per Week per Person (a)2,100$ 255,528$ Estimated Annual Spending 13,287,456$ Less: Vacancy (b)20%(2,657,491) Less: Estimated Annual spending on Lodging and Non Taxable Sales (c)47%(6,245,104) Total Anticipated Annual taxable spending 4,384,860$ Total Spending anticipated outside City (d)50%(2,192,430)$ Total Taxable Spending within City of La Quinta 2,192,430$ Annual Sales Taxes to City 1.00%21,924$ Annual Measure G Sales Taxes to City 1.00%21,924$ Total Annual Sales Tax to City 2.00%43,849$ Footnotes: (d) Represents anticipated taxable spending outside the City. (b) Estiamted vacancy represents DPFG's estimate based on location relative to other establishments in the market Spending by Residents:Single Family Short Term Rental (a) Estimate based on average anticipated spending of $300 per person per day ($2,100 per week) based on data from Visit California and the 2017 Report on the Economic Impact of Tourism in the Greater Palm Springs Area. Total estimated spending represents spending for all 140 anticipated guests per week at buildout. (c) Per data from Visit California and the 2017 Report on the Economic Impact of Tourism in the Greater Palm Springs Area average visitor spending. 701 Table 8 - Polo Villas Other Recurring Revenues Revenue Category City FY 2021/2022 Adopted Budget (a)Adjustment Adjusted Budget Multiplier Factor Project Equivalent Persons Project Revenues Tax Revenues Property Tax Revenue 2,605,000$ 100% $ 2,605,000 Case Study - - -$ No-Low City Property Tax 4,706,000 100% 4,706,000 Case Study - - - RPTTF Pass Through 1,616,000 100% 1,616,000 Per Capita & 50% Employee 34 122 4,161 State Sales Tax 10,000,000 100% 10,000,000 Case Study - - - Measure G Sales Tax 11,500,000 100% 11,500,000 Case Study - - - Document Transfer Tax 750,000 100% 750,000 Case Study - - - TOT - Hotels 5,000,000 100% 5,000,000 Case Study - - - TOT - Short Term Vac. Rentals 3,000,000 100% 3,000,000 Case Study - - - TOT - Bed and Breakfast 90,000 100% 90,000 Case Study - - - TOT - Resort Fees 250,000 100% 250,000 Case Study - - - Franchise Taxes - Burrtec 785,000 100% 785,000 Per Capita & 50% Employee 17 122 2,021 SoCal Gas Franchise 140,000 100% 140,000 Per Capita & 50% Employee 3 122 360 Cable Television Franchise Fee 650,000 100% 650,000 Per Capita & 50% Employee 14 122 1,674 Communications Franchise Fees 250,000 100% 250,000 Per Capita & 50% Employee 5 122 644 Property Tax In Lieu of VLF 4,615,000 100% 4,615,000 Case Study - - - Total Tax Revenues 45,957,000$ $ 45,957,000 8,860$ Licenses & Permits 2,252,000$ $ 2,252,000 N/A - - -$ Intergovernmental 8,251,100 8,251,100 Per Capita & 50% Employee 175 122 21,245$ Charges for Services 876,010 876,010 Per Capita & 50% Employee 19 122 2,256$ Fines, Forfeitures & Abatements 294,000 294,000 Per Capita & 50% Employee 6 122 757$ Use of Money & Property 545,000 545,000 Per Capita & 50% Employee 12 122 1,403$ Miscellaenous 629,100 629,100 Per Capita & 50% Employee 13 122 1,620$ Transfers In - - Per Capita & 50% Employee - 122 -$ Total 58,804,210$ 58,804,210$ 36,140$ Footnotes: (a) Based on revenue allocations per the City of La Quinta Fiscal Year 2021-22 Adopted Budget pages 33-35. 702 Table 9 - Polo Villas Recurring Expenditures Expenditure Category City FY 2021/2022 Adopted Budget (a)Adjustment Adjusted Budget Multiplier Factor Project Equivalent Persons Project Cost City Council 302,200$ 50%151,100$ Per Capita & 50% Employee 3.20$ 122 $ 389 City Manager 1,076,000 50%538,000 Per Capita & 50% Employee 11.38 122 1,385 Marketing & Community Relations 1,325,900 50%662,950 Per Capita & 50% Employee 14.03 122 1,707 City Attorney 696,000 50%348,000 Per Capita & 50% Employee 7.36 122 896 City Clerk 625,200 50%312,600 Per Capita & 50% Employee 6.61 122 805 Human Resources 376,000 50%188,000 Per Capita & 50% Employee 3.98 122 484 Police 17,855,100 100%17,855,100 Per Capita & 50% Employee 377.82 122 45,973 Fire 7,660,800 100%7,660,800 Per Capita & 50% Employee 162.11 122 19,725 Community Resources Adminsitration Totals 808,500 50%404,250 Per Capita 10.76 122 1,310 Wellness Center Operations 597,900 50%298,950 Per Capita 7.96 122 969 Recreation Programs & Special Events Table 908,300 100%908,300 Per Capita & 50% Employee 19.22 122 2,339 Code Compliance/Animal Control Totals 1,506,320 50%753,160 Per Capita & 50% Employee 15.94 122 1,939 Parks Maintenance 2,530,900 100%2,530,900 Per Capita & 50% Employee 53.55 122 6,517 Public Buildings 1,321,200 100%1,321,200 Per Capita & 50% Employee 27.96 122 3,402 Public Works Administration 739,900 50%369,950 Per Capita & 50% Employee 7.83 122 953 Public Works Development Services 431,200 50%215,600 Per Capita & 50% Employee 4.56 122 555 Streets 496,600 100%496,600 Per Capita & 50% Employee 10.51 122 1,279 Engineering Services 761,800 100%761,800 Per Capita & 50% Employee 16.12 122 1,961 Design & Development Adminsitration Totals 656,200 100%656,200 Per Capita & 50% Employee 13.89 122 1,690 Planning 678,600 100%678,600 Per Capita & 50% Employee 14.36 122 1,747 Building 919,800 100%919,800 Per Capita & 50% Employee 19.46 122 2,368 The Hub 986,000 100%986,000 Per Capita & 50% Employee 20.86 122 2,539 Finance 1,444,100 100%1,444,100 Per Capita & 50% Employee 30.56 122 3,718 Central Services 10,458,206 100%10,458,206 Per Capita & 50% Employee 221.30 122 26,928 Total 55,162,726$ 50,920,166$ 131,577$ Footnotes: (a) Based on expenditure allocations by department per the City of La Quinta Fiscal Year 2021-22 Adopted Budget page 24. 703 Table 10 - Polo Villa Unit of Measure Fee Quantity Total Fees City of La Quinta Park Improvements (a)Per Unit 2,106$ 7 14,742$ Community/Culture (a)Per Unit 956 7 6,692 Library (a)Per Unit 397 7 2,779 Civic Center (a)Per Unit 1,230 7 8,610 Maintenance Facilities (a)Per Unit 313 7 2,191 Fire (a)Per Unit 369 7 2,583 Transportation (a)Per Unit 4,009 7 28,063 CVAG TUMF (b)Per Meter 2,358 7 16,506 Multi Species Plan Fees (c) Per Meter 1,400 7 9,800 Total Estimated Development Impact Fees:91,966$ Per Unit:13,138$ Footnotes: (a) (b) (c) Represents the currently collected Coachella Valley Association of Governments ("CVAG") TUMF rate per unit, effective January 1, 2022. Typically the TUMF rate is adjusted every July, however, this year the increase was in effect in January and the next increase is anticipated in July 2022. Represents the currently collected Multi Species Plan Fees "MSHCP") by the Coachella Valley Conservation Commission effective July 1, 2021. The MSHCP fee increases annually with the next increase anticipated for July 2022. Development Impact Fee Budget Represents the impact fees applicable to the proposed project per the City of La Quinta ("City") Development Impact Fee Study dated September 23, 2019 effective for permit applications received on or after July 1, 2020. Estimate of Total Project Development Impact Fees 704 LA QUINTA STVR PROGRAM - 2021 ANNUAL REPORTCompliance functions include managing complaints, conducting investigations, and enforcement(violations, citations, and suspensions)The STVR program consists of several interdependent activities such as permitting, tax collection, and compliance.- Active STVR Permits in Permit Ban Areas have collectively decreased by 19.4% during 2021 (Jan-Dec)- Density of STVR Permits in Permit Ban Areas have collectively decreased by 7.4% during 2021 (Jan-Dec)DEPARTMENTAL REPORT ITEM NO. 3DEPARTMENTAL REPORT ITEM NO. 3 705 - Reported complaints peaked in Q-2 &decreased 75% to the lowest amountby Q-4.- In Q-1 & Q-2 - 41% of complaints werefor unpermitted properties.- In Q-3 & Q-4 - 60% of complaints werefor unpermitted properties.-Q-3 includes a one-time submission of145 vendor-generated complaints in July.The remaining 149 community/City-generated complaints reflect a 57%decrease in complaints betweenQ-2 & Q-3.LA QUINTA STVR PROGRAM - 2021 COMPLAINTS706 - 65% of all 2021 Citations were issued to unpermitted properties- 70% of all 2021 Citations were issued for administrative matters-STVR operations are subject to 10% TOT, permit registration, inspection, & licensing fees, & enforcementLA QUINTA STVR PROGRAM - 2021 ENFORCEMENT707 (6 (5 (3 (2 (8 (4 (10 (9 (1 (7 (11 SH-111 MADISON ST54TH AVEWASHINGTON ST48TH AVE EISENHOWER DR52ND AVE JEFFERSON STMILES AVE AIRPORT BLVAVENIDA CARRANZA58TH AVE FRED WARING DR 50TH AVE AVENIDA BERMUDASMONROE STFRED WARING DR 50TH AVE JEFFERSON STJEFFERSON ST58TH AVE EISENHOWER DR 58TH AVE ¯ 0 0.45 0.9 1.35 1.80.225 Miles STVR Exempt STVR_exempt_zone North La Quinta Cove Mid La Quinta South La Quinta City Boundary Id name zoning 1 Homewood Suites (La Quinta Desert Villas - Center Pointe) Tourist Commercial (TC) District 2 Legacy Villas Tourist Commercial (TC) District & Development Agreement 3 La Quinta Resort including Spa & Tennis Villas Tourist Commercial (TC) District & Adjacent to TC District 4 Embassy Suites Village Commercial District 5 Village Commercial Village Commercial District 6 SilverRock Specific Plan Tourist Commercial (TC) District - Undeveloped 7 Codorniz Entitlement Approval 8 Signature at PGA West Tourist Commercial (TC) District 9 Puerta Azul Entitlement Approval 10 SW corner Ave 64 & Madison St Tourist Commercial (TC) District - Undeveloped 11 NW corner Ave 64 & Madison St Tourist Commercial (TC) District - Undeveloped 708 COMMUNITY RESOURCES PERIODIC REPORT In response to local declaration and other State and County orders,the department shifted roles to provide COVID-19 related Public Safety and Social Service needs. Code Compliance / Animal Control October 1 –December 31, 2021 DEPARTMENTAL REPORT ITEM NO. 4 175 1319 323 159 654 349 160 410 295 63 161 85 STVR Cases STVR Inspections STVR Complaints Q-1 2021 Q-2 2021 Q-3 2021 Q-4 2021 As shown in the bar graph below,Code continues to experience a decline in STVR activity. In the month of December,Code received just 16 complaints regarding STVRs: 7 were for noise,4 for administrative issues,2 for barking dogs,2 for trash cans/debris and 1 for a light.In fact, compared to other months,December had the lowest number of complaints in the year.Code has been able to allocate resources to be more proactive on property maintenance concerns as STVR complaints have decreased. Short Term Vacation Rentals (STVR) New STVR cases: •this quarter -63 •last quarter -160 STVR Citations: •this quarter -15 •last quarter -61 STVR Suspensions •this quarter - 1 •last quarter - 6 The STVR Hotline is managed by Code staff Monday through Saturday from 8 am to 5 pm. As the number of complaints and suspended STVR properties have declined the contract security company has expanded their patrols to include City Parks, and X-Park.STVR complaints and known areas of concern continue to be handled as a priority. 187 499 1245 628 438 450 210 74 Q-1 Q-2 Q-3 Q-4 Hotline Calls 2020 2021 709 1170 2760 1512 20712101 1686 2038 1714 Q-1 Q-2 Q-3 Q 4 Site Inspections* 2020 2021 Code Compliance Top Code Violations: •Trash Cans/Junk: 213 •Landscaping: 87 •STVR: 57 False Alarms •$100,555 fees collected to date •City Staff outreach to businesses with multiple false alarms. •Businesses with excessive false alarms this quarter: 8 prior quarter: 14 *Site inspections are required to confirm violations and include STVR inspections and regular code complaints (e.g.,trash containers,landscaping,property maintenance issues, etc.). Throughout the pandemic Residents and Businesses continued to received notification of false alarms.However,false alarm fees were paused to lessen some of the economic hardships brought by the pandemic.In June 2021,the City started sending invoices to anyone with 3 or more false alarms once again.The City continues to educate the public on the waste of resources brought on by false alarms through notices,direct mail,social media post and phone calls. 2397 2062 1725 1711 Year False Alarms 2018 2019 2020 2021 710 Animal Control Update Riverside County Animal Services Department of Animal Services continues to operate on appointment-only system.In the event of a pet emergency,animal control question,or if you are interested in adopting, fostering or rescuing,please call 951-358-7387.Potential adopters,fosters, or rescues can also send an email to shelterinfo@rivco.org or visit their website at: https://www.rcdas.org/. 105 217 52 104 Licensing Statistics New Renewed Closed Not Renewed 38 25 7 8 10 1 0 1Impounds Stray Stray-Dead Stray-Known Wait Owner Surrendered Foster Return Confiscated Dispo Requested Adoption Return 21 1112 11 5 2 3 Outcomes Adoption Transfer Adoption Partner Return to Owner Euthanized Untreatable In Foster Home Died RCDAS Community Cat Program 711 EMERGENCY MANAGEMENT BIANNUAL REPORT July 1, 2021 – December 31, 2021 COVID-19 Testing Total Number of Tests Daily Testing Capacity Events & Activities with COVID-19 Safety Protocols In partnership with Riverside County Public Health coordination and COVID-19 safety standards were met or exceeded for the following events: Ironman Concerts at SilverRock Event Site La Quinta Art Celebration Youth Club Sports American Express Golf Tournament - Planning Veteran’s Day Emergency Management Biannual Report La Quinta Statistics Total Cases in La Quinta: 4,727 Total Recover in La Quinta: 4,557 COVID-19 Deaths in La Quinta: 72 400 COVID-19 Support Grant Purchases Outbreak Reporting Testing Resources Vaccination Resources PPE for Staff and Visitors Implementation of Daily Check-in for Staff Clarification of State’s Industry Guidance Reopening Plan for City Hall 15,363 The Emergency Management Division has been involved in the following activities to enhance safety and education for staff and the community: 712 Social Services & Community Programs October 1 –December 31, 2021 FIND Food Distribution & Wellness Center •Since the start of the program in April 2020,Staff have distributed 15,100+ (3,000+for current fiscal year 2021-22 July-December)food packages to residents at Coral Mountain, Hadley Villas,Vista Dunes,Washington Street Apartments,and Wolff Waters;FIND provided mobile pantries for food distribution five times per month at La Quinta High School and La Quinta Community Fitness Center & Park. •Desert Recreation District (DRD)served 800+participants at Fritz Burns Pool programs including Open Swim,Aqua Fit,Water Aerobics,Senior Splash, and a Floating Pumpkin Patch. •Provided fitness &recreation programs online and in-person to 4,800 participants/fitness members.Social service programs were active during this quarter with Riverside County Cool Center and Curative COVID-19 testing open to the public. •Youth sports programs had 36,600+total participants (players,spectators,coaches)for AYSO (soccer),Friday Night Lights (flag football),and La Quinta Youth Sports Association (baseball). Library/Museum/Creation Station Makerspace •Over 29,500+items were circulated through Library express/curbside services and self- check out.Over 1,400+people participated in the virtual/recorded program offerings, computer sessions,and library staff assisted with 1,972 reference questions.Library highlights included:The Night the Library Came Alive 2,If But When:Wildfire Solutions documentary,FIND Food Bank Food Drive,and Riverside County Master Gardeners Fall Plant Giveaway. •Museum provided Creative Space;Beauty and the Beast:California Wildflowers and Climate Change;and Local History:Story of La Quinta exhibits that were viewed by 800+ visitors.Held opening receptions for Local History:Story of La Quinta and Creative Space for 240 participants.Good Reads Book Club,Desert Lecture Collaborative,STITCH Fiber Arts Club, Brown Bag TED Talks,Take a Break with Huell,Sketchbook Journaling,and a field trip had a total of 213 participants. •Creation Station Makerspace served 950+participants with memberships,classes,express services,walk-in service,Makerspace Camps &Crafts,and virtual programming views on Facebook,Instagram,&YouTube.Highlights for this quarter include Friction Kitchen and collaboration with the Library on The Night the Library Came Alive 2.713 Veterans Day Recognition •Held the annual Veterans Day Recognition event on Thursday, November 11th at the City Hall Courtyard;honored and recognized 13 veterans in the branches of Air Force,Army,Coast Guard, Marines, and Navy. •Gold Star Fa mily recognition to honor USMC Cpl.Hunter Lopez,one of the 13 fallen United States Service Members in the attack in Kabul,Afghanistan.Cpl. Lopez was a La Quinta High School graduate and a Riverside County Police Explorer who served La Quinta. •Col.Dave Hart,US Marine Corps,was this year’s guest speaker along with musical performances provided by Doug Hassett and Steve Ferrera,veteran bugler/trumpet player for the US Marie Corps Band. •A flyover was provided by the Palm Springs Air Museum and Boy Scout Troop 1701 led the Pledge of Allegiance. •Fallen Solider Ta ble was displayed throughout November at the La Quinta Museum to honor those who are no longer with us. •Promoted and showed this event on Facebook Live,social media, and the City’s webpage. Community Events 714 Annual Tree Lighting •Held the annual Tree Lighting Ceremony on Friday, December 3 at Civic Center Campus. •Mayor and Council Members provided holiday greetings and counted down the lighting of the Christmas Tree. •Santa Claus was available to take Instagram photos in front of the Christmas Tree. •Live performances were provided by Dance, Play, Pretend, Beginning Ballet, Time 2 Twirl, Doug Hassett, Natasha Terrell, and the La Quinta Blackhawk Wind Symphony. •Too Tall Tom walked around on stilts handing out candy canes and the Grinch and Cindy Lou Who greeted participants and took photos. •Pre-packaged holiday treats and holiday gift bags were provided to children in attendance. •The Holiday Train provided rides for children and families through the park. •Promoted the event through the GEM, City website, and social media outlets. Community Events 715 Recruitment Metrics Recruitments Administrative Assistant –City Clerk’s Office Code Compliance Officer II –Community Resources* Finance Director/Treasurer –Finance* Maintenance Worker I –Public Works/Engineering Management Specialist –City Manager’s Part Time Software Program Writer –Design and Development Recreation Leader –Community Resources (3) Temporary Community Resources Coordinator –Community Resources Traffic Signal Technician –Public Works/Engineering* *Promotion Human Resources Biannual Report 8 National Biannual Unemployment Rate 4.67% Source: US Department of Labor–Labor Statistics (US BLS) Human Resources July 1 –December 31, 2021 Recruitments Average Days Advertised # Applications Received Days to Fill Job Posting to Offer Date 12 25% Promotional Hires 23 266 83 716 DESIGN & DEVELOPMENT DEPARTMENTQUARTERLY REPORT & ANNUAL REVIEW4th Quarter (October - December 2021)and 2021 Annual ReviewTHE DESIGN AND DEVELOPMENT DEPARTMENT CONSISTS OF THREE DIVISIONS:BUILDING, THE HUB, AND PLANNING.BUILDING The Building Division administers and issues all residential andcommercial building permit applications, reviews plans (planchecks), and conducts on-site building inspections forcompliance with the La Quinta Municipal Code and CaliforniaBuilding Standards Code.Plan Check Submittals177242212222 225 2510200400Building Inspections Performed86512687891286828 1247 0 1k2k Building Permit Fees Collected$44k $61k $52k $43k $31k $80k050k100kPlan Check Fees Collected$55k $173k $72k $109k $41k $142k0100k200kBuilding Permits Issued162217177146 147 1290200400 Average Building Inspections Per Day396042644162 0 1002002020OctoberNovemberDecember20212020202120202021 2020October November December202120202021202020212020OctoberNovemberDecember202120202021202020212020OctoberNovemberDecember20212020202120202021 2020 October November December 2021 2020 2021 2020 2021 2020 October November December 2021 2020 2021 2020 2021 DEPARTMENTAL REPORT ITEM NO. 5 717 The Hub serves as a one-stop permit center. It is the central location forobtaining permits for planning, building, engineering, business licenses, andspecial events. The Hub also issues licenses and permits for items such asgarage sales, home occupations, HVAC/windows/waterheater/utility changeouts pool drains, and re-roofs.Business Licenses Issued194390107279174 2050200400 Other Licenses and Permits Issued97139127104108690100200Phone Activity1,743 1,644 1,593Oct 2021 Nov 2021 Dec 202101k2k3k In-Person/Counter Activity341301281Oct 2021 Nov 2021 Dec 20210250500Customer Service/AssistanceIncludes all phone calls received by the Concierge,the Hub general line, and all Permit Technicians.Includes all Hub visitors checked in by the Concierge.Average Phone Calls Per Day828280Oct 2021 Nov 2021 Dec 2021050100150 Average In-Person/Counter Per Day161514Oct 2021 Nov 2021 Dec 20210202020OctoberNovemberDecember202120202021202020212020OctoberNovemberDecember20212020202120202021 718 PLANNING The Planning Division administers the zoning and developmentstandards and works with residential and commercial developers,architects, builders, and businesses to ensure that development isconsistent with the La Quinta Zoning Code and General Plan.Planning staff coordinates with the Planning Commission, whichprimary function is to develop and maintain the City’s General Plan,consider development applications, as well as to serve as an advisorybody to the City Council.PermitsIncludes signs, temporary use,minor use, and landscaping plans.Planning ApprovalsModification by Applicant to allow for solar roof tiles at the Floresta residential development.Sign Program Amendment to allow for a new sign for VetIQ at the Walmart building. Special Event Permits for Alpha Win Duathlon, La Quinta High School Homecoming Parade, La QuintaArt Celebration, 2021 Ironman, TED Women's Conference at La Quinta Resort, and the AmericanExpress Golf Tour Event.Minor Use Permit for the Cantera residential development for a sales office and model home complex.Certificate of Compliance for Andalusia residential community to certify compliance with the subdivisionmap act and City municipal code. Modification by Applicant to allow for an exterior paint change at Jefferson Square commercial center.Christmas Tree lot at Lowes via Temporary Use Permit.Modification by Applicant to allow for architectural changes and a Minor Adjustment to setbacks tocomplete the Capistrano residential development.Final Landscape Plan to approve landscaping along Adams street, along the Centre at La Quinta project.Sign Program Amendment to the former Sam’s Club program to allow for new indoor storage businesssignage.Minor use Permit to allow for a collocation at a Wireless Telecommunication facility.Minor revision to an approved Final Landscape Plan for the Alta Verde residential development.Planning StaffPlanning Permit Applications Submitted54312131120202021OctNovDec01020On October 26, 2021, Planning Commission approved of a new 4,335 square foot drive through Paneralocated within the 111 Shopping CenterPlanning Commission ProjectsIncludes zoning changes, tract maps,site developments, and parcel maps. Planning Project Applications Submitted1015613520202021OctNovDec01020 719 2021 Annual ReviewA QUICK VIEW OF 2021 DATA AS COMPARED TO 20202,143 3,110 1,921 2,39902.5k5k HUB Services2,506 2,988 988 1,17402k4kPlanning Permits and Projects1211790250500$549k $967k $731k $1.14m01M2MAverage Per Day385120202021Inspections9,847 13,2642020202120202021Plan Check Submittals Building Permits IssuedPlan Check Fees Building Permit Fees Collected202020212020202120202021 720 Al Fresco Dining Continues2021 HighlightsSNAPSHOT OF SOME OF THE PROJECTS OF 2021TalusA total of 20 building permits were issued at the TALUS project for theconstruction of the Montage Hotel, Spa, and Shared Services/ConferenceCenter Buildings, the Montage Luxury Residences, and theGolf Clubhouse starting as of July 2021.Village Shopping CenterThe Al Fresco Dining Program continued through 2021,allowing restaurants to expand their dining operationsoutdoors, due to the impact of the COVID-19 pandemic.In 2021, there were 268 building permits issuedfor the construction of new single-family homesand 283 building permits issuedfor home remodels/additions.The Vet IQ veterinary office was granted aMinor Use Permit to operate in vacanttenant space in the Wal-Mart store.VetIQ inside WalmartResidential Building ConstructionPavilion Palms Shopping CenterThe Pavilion Palms Shopping Center project wasapproved in March 2021 consisting of approximately125,800 square feet of commercial space.The Village Shopping Center,located at the northwest cornerof Washington and Calle Tampico,gained some new tenants includingBasil Thai, Los Arcos Mexican Restaurant,Starbucks Drive-Thru, and Grocery Outlet Bargain Market. 721 722 Public Works/EngineeringQuarterly Report October 1, 2021 - December 31, 2021Engineering Services: CIP Projects - In ProgressLa Quinta X Park - the contractor has placed footing for the perimeter fence, formed for curb andgutters, and graded and installed sub-base in preparation for parking lot asphalt. Provides engineering design, construction oversight, and traffic support on a variety of infrastructureprojects that help keep La Quinta safe and beautiful. Here are some activities for October, November,and December 2021:The Public Works Department consists of six divisions: Engineering, Capital Improvement Projects(CIP), Parks, Lighting & Landscape, Traffic, Facilities, and Public Works Street Maintenance. SilverRock Retention Basin Soil Stabilization - contractor installed plants and shrubs,installed irrigation on the North side, and has spread decomposed granite through the area.Citywide Miscellaneous ADA Improvements - project has been awarded and contract is beingexecuted. This year's ADA Improvements will continue the work along Avenida Bermudas andfocus the improvements at the following intersections: Calle Nogales, Calle Colima, Calle Madrid,Eisenhower Drive, Angel View Resale Store (driveway and sidewalk), Calle Estado (raisedcrosswalk), and Avenida La Fonda (raised crosswalk). DEPARTMENTAL REPORT ITEM NO. 7 723 Public Works DevelopmentEngineering assistance and project review during October, November, and December 2021: Project Reviews CompletedOctoberPERIODNovemberDecemberYear to Date 7159 61% ▲667192021 44users35 69% ▲PercentageChange From LastYear450202050% ▲44 60% ▲Permits IssuedOctoberPERIODNovemberDecemberYear to Date 1813 200% ▲ 111722021 65 160% ▲ PercentageChange From LastYear126202027% ▼15 37% ▲Parks and L&LParks Update: In addition to general maintenance, the Civic Center Campus received a refreshwith decomposed granite and stone installed in planter beds and plant replacement. New benchesand additional trees were installed at Seasons dog park. Aged and torn shade canopies werereplaced at the Sports Complex, Fritz Burns, La Quinta park, and Bear Creek Trail.L&L Update: Missing plants were replaced along the perimeter landscape on Miles and AdamsStreet. Tree stumps were removed from the center median on Avenue 54 and Madison Street.Facilities Buildings - the following items were completed (Attachment 1):EOC: emergency leak repairs (carpet, drywall, electrical)Fire Station 93: contracted, scheduled, and oversaw the exterior paintCity Hall Staff break room: fresh paint, new furniture, new appliances, a new T.V. and upgraded outdoor area with a barbeque and new seating.270 work orders, including but not limited to: facilities maintenance personal requests, firestation maintenance, park restroom inspections, graffiti & vandalism, and HVAC preventativemaintenance tasks. 724 Public Works Street Maintenance116 work requests were completed, including: Accident/Damage/RiskDebris/Litter Removal/Right of Way MaintenanceGraffiti Removal (Right-of-Way)Pothole or Street RepairSidewalk Repair/Concrete Storm Drain Repair and MaintenanceStreet SweepingStreet Sign Repair/MaintenanceVehicle/Equipment/Operations Yard MaintenanceTree IssuesTrafficThe traffic operations team completed 118 citizen request work orders, 39 preventativemaintenance work orders, and 6 emergency on call work orders.22 active users have been set up with the successful launch of the Public Safety CameraSystem.Completed synchronization of 3 traffic corridors at Washington Street, Highway 111, andJefferson Street.Installed 164 Village banners for the "Arts Celebration" and 84 large Ironman bannersthroughout the City.Successful completion of the 2021 Ironman 70.3 utilizing the new traffic office. 725 726 %HIRUH $IWHU $IWHU $IWHU $77$&+0(17 727 %HIRUH %HIRUH %HIRUH $IWHU $IWHU $IWHU 728 %HIRUH %HIRUH $IWHU $IWHU 729 730 LA QUINTA SHERIFF’S STATION QUARTERLY REPORT October 1, 2021 –December 31, 2021 Statistics Priority 1 –Involve circumstances that pose a clearly defined threat to human life or property; Priority 2 –Involve circumstances of an urgent but not life-threatening nature (e.g. minor assaults and batteries); Priority 3 –Involve circumstances which are neither urgent nor life threatening (e.g. disturbances of the peace); Priority 4 –Incidents occurring in the past or “cold” calls. 6 16 25 38 7 16 28 37 6 14 25 31 Priority 1: Average Response Priority 2: Average Response Priority 3: Average Response Priority 4: Average Response Average Response Time October November December 23 521 451 234 18 430 441 211 29 451 430 203 Priority 1: Calls for Service Priority 2: Calls for Service Priority 3: Calls for Service Priority 4: Calls for Service Number of Calls for Service October November December DEPARTMENTAL REPORT ITEM NO. 8 731 0 0 7 67 2 9 6 12 1 0 4 70 2 20 9 13 1 0 6 49 1 13 3 9 Rape Homicide Aggravated Assault Larceny Robbery Burglary Vehicle Theft Simple Assault Crime Statistics September October November Special Enforcement Team & Business District •Actions: 347 •Property Recovered: $11,000 •Narcotics Seized:291.1g of Meth & 55 Marijuana Plants Traffic Team •Actions: 1,437 Community Service Officers & Crime Prevention Specialists •Actions: 1,091 •Community Meetings: 1 •Trainings:0 490 304 186 149 6 Citations Citations Other Other Hazard Citations Other Non-Hazard Citations Excessive Speed Citations Seat Belt Citations 194 57 35 12 3 1 Collisions Non Injury and Private Property Collision Traffic Injury Collision DUI Arrests DUI Collisions DUI Injury Collision DUI Injury Collision with Fataility School Resource Officers •Actions: 84 Narcotics Task Force •Actions in La Quinta: 25 •Narcotics Seized: 626g Meth, 14.3g Heroin, 41.5g Fentanyl Powder, and 295 Fentanyl Pills •Recovered Firearms: 5 Citizens on Patrol •Actions: 9 •Hours Donated: 835.5 hours Actions by Teams: 732 FIRE DEPARTMENT QUARTERLY REPORT October 1, 2021–December 31, 2021 Incident Response Activity Incident Type # Medical 1,461 False Alarm 168 Public Service Assistance 128 Traffic Collision 80 Standby 26 Other Fire 12 Residential Fire 8 Vehicle Fire 6 Rescue 8 Ringing Alarm 8 Other Miscellaneous 22 Hazardous Materials 5 Commercial Fire 3 Multi-Family Dwelling Fire 2 Wildland Fire 3 Incident Total In La Quinta 1,940 Average Enroute to On-Scene Time Enroute Time: When a unit has been acknowledged as responding. On-scene Time: When a unit has been acknowledged as being on-scene. *NOTE:Average response times may be slightly skewed due to Station 70 staff being temporarily relocated to Station 32. <5 Minutes +5 Minutes +10 Minutes +20 Minutes Average Min.% 0 to 5 Min. 1,188 730 95 8 5.0 61.2 DEPARTMENTAL REPORT ITEM NO. 9 Mutual Aid LQ Resources Responding in LQ 1,172 LQ Resources Aiding Other Jurisdictions 718 Resources Aiding LQ 248 733 Truck Report Truck 86 recorded 14 responses in La Quinta during this quarter. Fire Inspection Report –Office of the Fire Marshal 4th Quarter Statistics: •Development Plan Reviews –160 •Planning Case Reviews –16 •Construction inspections –434 •Facility Inspections –17 •La Quinta Office of the Fire Marshal saw a 26%increase in the number of Plan Reviews completed, and a 62%increase in the number of Inspections conducted for 2021. Plan Reviews: •Tentative Improvement (TI)Plans:Amazon Fresh and Rapport Furniture •First Round of Building Plans:Pavilion Palms and Jefferson Street Apartments •Tract Precise Grading:The Centre –,Recreation Bldg. &Pool •Construction Permit Approved:Desert Club Apartments •Model Home Plans –Capistrano,Bella @ Piazza Serena, Jewel @ PGA West •Special Events –TED Women,Porsche Event,Lowe’s Xmas Tree Lot,and La Quinta Art Celebration •Public Fireworks –Madison Club, Rancho La Quinta,Hideaway,La Quinta Country Club, and Andalusia Construction Inspections: •Montage Hotel –Private fire main (Phased) •Grocery Outlet –Fire Sprinkler, Alarm, Refrigeration,TI/Occupancy Final •Nothing Bundt Cakes –TI/Occupancy Final •LifeStream Blood Bank –TI/Occupancy Final •Extra Space Storage –Private Fire Main •Tract Home Development Inspections –Andalusia,Griffin Ranch,Floresta,Carmela, Signature,Residence Club,Coral Mountain @ PGA, Stone Creek Ranch,Jewel @ PGA & Rancho Santana. •Custom Home Development Inspections –Madison Club,Hideaway,Traditions,The Palms &Cove Community. Facility Inspections: •State Fire Marshal Mandated Annual Inspections:Mediterra,Wolf Waters,The Palms Assisted Living, &La Quinta Resort (Casitas). •Fire Code Complaint Inspections:Laguna De La Paz community,Shadow Rock Church,La Quinta Polo Estates,El Ranchito Restaurant,Villaggio,&Mountain View Country Club. Significant Incidents 1.On 11/7/21,CAL FIRE/Riverside County Fire Department along with RSO responded to the La Quinta Cove Trailhead of the Cove-to-Lake Trail for an elderly male with possible generalized weakness.Due to the patient's location near the "switchbacks",units responded to both access points.Engine 32's rescue group hiked the trail to the patient's location while an air rescue plan was enacted.CHP H60 remained in reconnaissance orbit while RSO Rescue 9 performed the hoist rescue.The patient was transferred to a waiting ground ambulance and after a medical evaluation opted to refuse further treatment and/or transportation.734 Significant Incidents 2.On 11/20/21,CAL FIRE /Riverside County Fire Department units responded to an inaccessible rescue 1 mile south of the intersection of Calle Tecate and Avenida Ramirez in La Quinta. A hiker had fallen and was suffering from a minor shoulder injury and mental instability.The patient was assessed and transported to a local hospital.Riverside County Sheriffs officers also responded to the incident due to the suspicious nature of the incident and injury. 3.On 11/25/2021,CAL FIRE/Riverside County Fire Department was dispatched to a reported commercial structure fire at El Ranchito Restaurant located at 78039 Calle Estado.The first unit on scene reported light smoke showing from the building.The restaurant was unoccupied at the time of the incident.The fire was contained to the stove with extension to the exhaust.No injuries to fire personnel or civilians. 4.On 12/1/21,CAL FIRE/Riverside County Fire Department responded to a structure fire in the 48000 block of Via Hermosa in La Quinta.The first arriving fire engine noticed lite smoke coming from the roof line.Fire crews investigated the source of the smoke and identified the dryer vent had caught fire and the fire extended out to a portion of the residence.Fire crews fully extinguished the fire.No occupants were displaced;and there were no civilian or firefighter injuries on this incident. 5.On 12/2/21,CAL FIRE/Riverside County Fire Department was dispatched to a reported traffic collision with fire near Washington St.and Eisenhower Dr.The first unit on scene reported a three-vehicle accident with one vehicle on its roof without fire.Crews extricated two patients with moderate injuries.Both patients were transported by ambulance to the hospital. 6.On 12/16/21,CALFIRE/Riverside County Fire units responded to a reported mountain biker injury on the Boo Hoff trail in La Quinta.Firefighters made access to the injured party and determined the patient suffered from a head trauma due to a fall.The patient was removed from the trail and transported to Desert Regional via airship.No injuries to firefighters reported. 7.On 12/29/21,CAL FIRE/Riverside County Fire Department responded to a high-speed traffic collision involving two vehicles with occupant ejection near Hwy 111 and Dune Palms Rd.Upon further investigation there was no entrapment,however there was one confirmed fatality. 2021 in Review •Battalion 6 (La Quinta, Coachella, Thermal, Mecca and North Shore) had 9911 incidents. •Battalion Chief 6A (De La Cruz) was the 7th busiest with 288 incidents. •Ladder Truck 86 was the 2nd busiest with 2197 incidents. •Engine 93 (North La Quinta) made the Riverside County Fire Department’s top 20 with 3475 runs.That is a 10.46% from the prior year. •Engine 93 (North La Quinta) tallied 3475 runs; a 10.46% increase from prior year. •Engine 32 (La Quinta Cove -Christopher Douglas) tallied 1931 runs; a 4.72% increase from prior year. •Engine 70 (PGA West) tallied 1555 runs; a 9.82% increase from prior year.735 736 POWER POINTS CITY COUNCIL MEETING FEBRUARY 15, 2022 02/15/2022 1 City Council Meeting February 15, 2022 City Council Meeting February 15, 2022 Closed Session In Progress 1 2 02/15/2022 2 Pledge of Allegiance Public Comment - Teleconference Join virtually via Zoom https://us06web.zoom.us/j/82540879912 Meeting ID: 825 4087 9912 “Raise Hand” to speak Limit Comments to 3 minutes 3 4 02/15/2022 3 Public Comment - Teleconference Join virtually via Zoom by phone: (253) 215 - 8782 Meeting ID: 825 4087 9912 *9 = Raise Hand; *6 = Unmute Limit Comments to 3 minutes Public Comment – Raise Hand 5 6 02/15/2022 4 Public Comment – Raise Hand Public Comment Via Teleconference In Progress https://us06web.zoom.us/j/82540879912 Meeting ID: 825 4087 9912 Telephone: (253) 215-8782 “Raise Hand” to request to speak *9 = Raise Hand; *6 = Unmute Limit Comments to 3 minutes 7 8 02/15/2022 5 City Services Available Online City Services available through City website: www.laquintaca.gov Questions or assistance (760) 777-7000 The Hub (Permits/Licenses) available through City website: www.laquintaca.gov Questions or assistance (760) 777-7125 or Email: customerservice@laquintaca.gov City Council Meeting February 15, 2022 Presentations 9 10 02/15/2022 6 City Council Meeting February 15, 2022 P1 – TALUS Project Update City of La Quinta – Council Meeting Update February 15, 2022 11 12 02/15/2022 7 Site Overview Project Status Overview Montage Hotel and Spa and Guestrooms Mylars for Precise Grading Plan Approval –July 2021 – Complete Grading & Pad Certification –July 2021 –Complete Model Room Construction –Under construction  FF&E due March 2022 Underground Utilities –In progress Storm Drain, Sewer, and Water Installation –In progress Building Construction –In progress Building Permits for Main Building and Spa –Issued Building Permits for Areas I & II  Guestrooms – Issued Completion –April 2023 – On schedule 13 14 02/15/2022 8 Project Status Montage Hotel Vertical  Construction  Foundations –November 2021 –Complete Structural Steel Installation –In progress Pool Excavations – January 2022 –Complete Slab on Grade – December 2021 –Complete Framing –In progress Montage Spa Vertical  Construction  Foundations –November 2021 –Complete Structural Steel Installation –In progress Slab on Grade – December 2021 –Complete Framing –In progress Site Walls –In progress Project Status Model Room Construction Framing –Complete Window Installation –November 2021 –Complete Electrical Rough In –February 2022 –Complete Plumbing Rough In –February 2022 –Complete HVAC –February 2022 –Complete Fire Sprinkler –February 2022 –Complete Insulation –February 2022 –Complete Drywall –In progress Plaster –In progress 15 16 02/15/2022 9 Project Status Montage Guestrooms Area I Footing Excavation –November 2021 – Complete Underground Plumbing and Electrical –In progress Foundation Installation –In progress WRB Installation –In progress Presidential Pools and Spas Excavation, Plumbing, and  Gunite –November/December 2021 – Complete Montage Guestrooms Area II Footing Excavation –February 2022 –Complete Underground Plumbing and Electrical –In progress Montage Guestrooms Area III Footing Excavation –In progress Progress Photo –Montage Hotel 17 18 02/15/2022 10 Progress Photo –Montage Spa Progress Photo –Montage Guestrooms 19 20 02/15/2022 11 Progress Photo –Montage Guestroom WRB Installation Project Status Overview Montage Residences  Underground Utilities – September 2021 ‐March 2022  –In progress Permits – Issued Storm drain materials – Delivered CVWD approval – Complete  Sewer Installation –In progress  Temporary  Power –September 2021 –Installed Cart Path Relocation –October 2021 –Complete Curb & Gutter Construction –March 2022  Building Construction –September 2021  Permits – Issued Subcontract issuance –In progress  Construction –In progress Completion Phase 1 –November 2022 21 22 02/15/2022 12 Project Status Montage Residences Construction Phase 1 [Lots 6‐8, 22‐26] Under‐Slab Electrical Conduit and Plumbing Installation –December  2021 – Complete  Footing Excavation –December 2021 –Complete Foundations and Slab on Grade – January 2022 –Complete Framing –In progress HVAC –In progress Rough Plumbing –In progress Progress Photo –Montage Residences 23 24 02/15/2022 13 Progress Photo –Montage Residences Project Status Overview Conference and Shared Services Building  Mylars for Precise Grading Plan –Approved Site Watering –July 2021 –Complete Grading & Pad Certification –September 2021 –Complete Executed GMP Contract with GC – September 2021 –Complete Building Construction –October 2021 Permits –October 2021 – Issued  Completion –May 2023 25 26 02/15/2022 14 Project Status Conference and Shared Services Building Construction Site Utilities  Domestic Water – January 2022 –Complete Sewer – January 2022 –Complete Storm – February 2022 –Complete Fire Water –In progress Shared Services Underground Electrical –November 2021 –Complete Underground Plumbing – December 2021 –Complete Foundation Excavation – January 2022 –Complete WRB Installation –In progress Structural Steel Installation –In progress Meeting Center Underground Electrical –November 2021 –Complete Underground Plumbing – December 2021 –Complete Foundation Excavation –In progress Conference Center Underground Electrical –November 2021 –Complete Underground Plumbing – January 2022 –Complete Foundation Excavation – January 2022 –Complete WRB Installation –In progress Structural Steel Installation –In progress Progress Photo –Conference and Shared Services Building 27 28 02/15/2022 15 Project Status Overview Golf Clubhouse Mylars for Precise Grading Plan –Approved Site Watering  –July 2021 –Complete Grading & Pad Certification –September 2021 –Complete Executed GMP Contract with GC – September 2021 –Complete Building Construction –October 2021 –In progress Permit –October 2021 – Issued  Completion –October 2022 Project Status Golf Clubhouse Construction Site Utilities –In progress Electrical and Plumbing Installation –November 2021 –Complete Foundations and Slab on Grade – December 2021 –Complete  Structural Steel Installation – December 2021 –Complete Framing –Complete Electrical and Plumbing Rough‐In –In Progress Waterproofing –In Progress Insulation –In Progress 29 30 02/15/2022 16 Progress Image –Golf Clubhouse Progress Image –Golf Clubhouse 31 32 02/15/2022 17 Project Status Overview Pendry Residences Final Map Approval –April 2022 –In progress Final Map Recordation –April 2022 Site Watering –August 2021 –Complete Mylars for Precise Grading Plan Approval –In progress Grading & Pad Certification –October 2021 –Complete Underground Utilities –May 2022 Phase 1 Building Construction –Second Quarter 2022 Phase 1 Completion –Second Quarter 2023 Project Status Overview Pendry Hotel Mylars for Precise Grading Plan –November 2021 –Complete  and approved Site Watering  –July 2021 –Complete Grading & Pad Certification–October 2021 –Complete Building Construction –September 2022  Completion –July 2024 33 34 02/15/2022 18 Thank youThank you 35 36 02/15/2022 19 City Council Meeting February 15, 2022 B1 – Dune Palms Road Bridge Project 2011-05 Recommended Actions •Appropriate $14,936,122 of Advance Construction Funding –Using a combination of Measure G Reserves and Unassigned Reserves •Approve Agreement with TY Lin International –Construction management and inspection services •Approve Plans, Specifications and Engineer’s Estimate –Authorize project for bid 37 38 02/15/2022 20 Advance Construction •November 2020 –HBP funding challenges/oversubscribed •May 2021 –HBP funding constraint presentation to FAC •June 2021 –Council direction to move forward with Advance Construction Procedures •December 2021 –Advance Construction funding recommendation presentation to FAC •January 2022 –Advance Construction request approved by Caltrans Bridge – Total Cost Phase Estimated Cost New Bridge Federal Funding (Caltrans-HBP) Non-Participating Plus Local Share Engineering/Design $1,750,000 $1,549,275 $200,275 Right of Way $1,570,554 $1,166,825 $403,729 Construction $16,695,276 $11,241,037 $5,454,239 Const. Engineering $2,504,292 $2,217,050 $287,242 Contingency $1,669,530 $1,478,035 $191,495 Total Costs:$24,189,652 $17,652,222 $6,537,430 Agency Funding Share Caltrans-HBP Funding Share:$17,652,222 City of La Quinta Funding Share:$1,084,100 CVAG Funding Share:$5,395,230 CVWD Funding Share:$58,100 Total Cost:$24,189,652 39 40 02/15/2022 21 Bridge - Construction Phase Phase Estimated Cost New Bridge Federal Funding (Caltrans- HBP) Non- Participating Plus Local Share Construction $16,695,276 $11,241,037 $5,454,239 Const. Engineering $2,504,292 $2,217,050 $287,242 Contingency $1,669,530 $1,478,035 $191,495 Total Costs:$20,869,098 $14,936,122 $5,932,976 Agency Funding Share Caltrans-HBP Funding Share:$14,936,122 City of La Quinta Funding Share:$932,987 CVAG Funding Share:$4,941,889 CVWD Funding Share:$58,100 Total Cost:$20,869,098 Advance Funding Recommendation •Unassigned Reserves •Measure G Reserves 41 42 02/15/2022 22 Updated Reserves Projections 2020/21 June Projected Ending Balance as Presented to City Council June 15, 2021 $13,151,469 2020/21 June 30, 2021 Actual Ending Balance $15,128,658 2021/22 Adopted Budget- Reserve Allocation $3,578,644 2021/22 June 30, 2022 Projected Ending Balance $18,707,302 2019/20 June 30, 2020 Actual Ending Balance $19,094,651 2020/21 2nd Quarter Allocation to Reserve Categories ($8,160,000) 2020/21 RDA Loan Repayment $2,591,066 2020/21 Projected Budget Revenue Surplus $1,000,000 2020/21 Projected Budget Expenditure Savings $4,400,000 2020/21 June Projected Ending Balance as Presented to City Council June 15, 2021 $15,500,367 2020/21 June 30, 2021 Projected Ending Balance $18,925,717 2021/22 RDA Loan Repayment $2,642,888 2021/22 June 30, 2022 Projected Ending Balance $21,568,605 Measure G Reserves Unassigned Reserves Proposed Funding Option Current Proposed Use Remaining 2021/22 Allocation Projected June 30, 2022 Unassigned $18,925,717 $7,468,061 $11,457,656 $2,642,888 $14,100,544 Measure G $15,128,658 $7,468,061 $7,660,597 $3,578,644 $11,239,241 Total $34,054,375 $14,936,122 $19,118,253 $6,221,532 $25,339,785 43 44 02/15/2022 23 Construction Management and Inspection Services •November 2021 requested proposals (RFP) •Received 3 proposals from qualified firms: –Anser Advisory* –Southstar Engineering and Consulting –TY Lin International* •TY Lin International most qualified firm *Firm selected for interview Project Budget Phase Estimated Cost New Bridge Engineering/Design $1,750,000 Right of Way $1,570,554 Construction $16,695,276 Const. Engineering $2,764,651 Contingency $1,409,171 Total Costs:$24,189,652 45 46 02/15/2022 24 Project Description •Construction of an all-weather bridge •Typical section including: •6-ft sidewalk on both sides of the bridge •two (2) 8-ft bike/cart paths •two (2) 11-ft outside lanes •two (2) 12-ft inside lanes •and a raised median •Channel improvements upstream and downstream from the bridge •Bridge approach roadway improvements •CV Link enhancements / connection to Dune Palms Road •Ancillary improvements related to the bridge Anticipated Project Schedule •Council Bid Authorization February 15, 2022 •Bid Period March 1 to April 1,2022 •Council Considers Project Award April 15, 2022 •Execute Contract and Mobilize April to May 2022 •Construction (543 Working Days) May 2022 to June 2024 •Accept Improvements July 2024 47 48 02/15/2022 25 QUESTIONS 49 50 02/15/2022 26 City Council Meeting February 15, 2022 B2 – Request to Convert Two Traffic Car Positions to Traffic Motor positions; and authorize the City Manager to execute the amendment. the Riverside County Sheriff’s Department to convert two traffic car positions to traffic motor positions; and authorize the City Manager to execute the amendment. Background Sheriff’s traffic team currently staffed with 5 traffic enforcement officers; 3 traffic car officers, and 2 motor officers RCSD requesting to convert 2 traffic car positions to motor positions to better serve La Quinta 51 52 02/15/2022 27 Benefits •Increase motor officers’ coverage •Improve visibility and presence in areas known for speeding and traffic issues •Motor officers have better maneuverability and positional opportunities •Increase support of local events with large vehicle and pedestrian attendance Fiscal Impact •Conversion cost: $74,000 (motorcycles, uniforms,& equipment) •Training costs will be covered by RCSD •Recurring annual cost: $24,660 a year for twomotors •Net annual increase: $14,220 after savingsassociated with less patrol car mileage 53 54 02/15/2022 28 Questions Classified 55 56 02/15/2022 29 City Council Meeting February 15, 2022 PH1 – Polo Villas Development Agreement DA2021-0003 Site Location •Madison Street between Avenues 50 and 52 •Within Tracts 33085 and 36279 57 58 02/15/2022 30 Background •Project comprised of 18 residential units –11 built in 2015 •Current active STVR permits –7 lots remain vacant STVR Program •No new STVR permits may be issued, with exceptions: –Units within Tourist or Village Commercial (CT or VC) –Developments subject to a development agreement (DA) that stipulate short- term rental is allowed 59 60 02/15/2022 31 Request •Permits are not transferable –Expire when property is sold to new owner •Current owner wishes to sell properties •Applicant has an agreement to purchase –Requesting DA to continue STVR operation and allow on vacant lots DA Terms •Project shall consist of residential single-family development and available for use as: –Primary residences –Secondary residences –Short-term vacation rental residences 61 62 02/15/2022 32 DA Terms •Annual STVR permitting fees to be consistent with the City’s fee program •Any rental or occupancy of 30 nights or less subject to payment of transient occupancy tax (TOT) for short-term vacation rentals DA Terms •Rental or occupancy agreements and information retained for a minimum of three (3) years by applicant or authorized management company •Maximum occupancy shall be two (2) persons per bedroom, plus no more than four (4) additional occupants •Each residence shall allow for transient occupancy 63 64 02/15/2022 33 DA Terms •Performance Schedule for development of vacant properties •Term is 50 years •DA reviewed on annual basis Findings •Consistency with General Plan •Compatible with land uses in zone •Conformity with public necessity, convenience, public welfare, and good land use practices 65 66 02/15/2022 34 Findings •Will not be detrimental to health, safety, and general welfare •Will not adversely affect orderly development or preservation of property values •Will have a positive fiscal impact on the City Estimated Fiscal Impact Recurring Revenues (ie. property tax, TOT, off- site sales tax) $942,166 Recurring Expenditures (ie. Police, Fire, City staff) $131,577 Net Fiscal Surplus $810,589 67 68 02/15/2022 35 Environmental (CEQA) •Consistent with Mitigated Negative Declarations EA2005-537 adopted December 6, 2005, and EA2010-608 adopted August 2, 2011 69 70 02/15/2022 36 City Council Meeting February 15, 2022 PH2 – Housing and Safety Element Update GPA2020-0001 Summary •Housing Element is being updated per State law for the 2022-2029 planning period •Safety Element requires update in conjunction with Housing Element •CEQA Negative Declaration proposed 71 72 02/15/2022 37 May thru December 2020 Gathered background information Developed site inventory Evaluated policies of past planning period December 2020 thru January 2021 Outreach meetings January thru April 2021 Developed policies Finished draft April 2021 Submitted to HCD July 2021 Comments received from HCD August 2021 Study session and public review of Housing Element draft (2 weeks) September 2021 Resubmit draft to HCD November 2021 Comments received from HCD December 2021 Additional revisions submitted to HCD for informal review Regional Housing Needs Allocation (RHNA) Housing Type Very Low1 Low Moderate Above Moderate Total New Units 420 269 297 544 1,530 1 Note that the Very Low category consists of 50%extremely low income units (210) and 50% very low income units (210). •Sites were identified that allow a capacity of 1,073 very low, low, and moderate income units •Sites are distributed throughout the City, but focused on areas where access to transit, jobs, and services is highest – Highway 111 Corridor and the Village 73 74 02/15/2022 38 Site Inventory Map North South Policies and Programs •Update the Affordable Housing Overlay to apply to inventory sites and commercial zones, allowing 30 units per acre •City-owned parcel on Highway 111 (site 13) to include 15% extremely low income units 75 76 02/15/2022 39 Policies and Programs •Focus affordable housing on Highway 111 and the Village due to availability of transit, services and jobs •Study Zoning changes to encourage creative housing such as tiny homes, manufactured homes, container conversions, etc Policies and Programs •Remove discretionary findings from permitting requirements •Pursue rehabilitation loans and grants for sub-standard housing •Continue to work with CVAG and other charities to assist in homelessness reduction 77 78 02/15/2022 40 Latest Changes •Parcel numbers added to site inventory •Clarification and expansion of Affordable Housing Overlay (AHO) •assure 30 units per acre density •expansion of Program 3.1.a to include analysis in forthcoming Zoning text amendment that the density can be achieved Latest Changes •Add month/year to program schedules •Added language to Affirmatively Furthering Fair Housing (AFFH) section to: •Address housing choice •Provide clarification regarding census tract 456.05 (southeast end of City) 79 80 02/15/2022 41 Latest Changes •Expand discussion of overcrowding, and displacement risk •Assess how sites inventory addresses the City’s commitment to affirmatively further fair housing Safety Element •Fire Hazards section added •Addresses State requirements regarding State fire responsibility areas •City has no such areas, nor does it contain Very High Fire Hazard Severity Zones but is responsible to plan for wildland and urban fire hazards 81 82 02/15/2022 42 Safety Element •Climate Change section added •Addresses future resiliency to climate change issues including: •increases in temperature •reductions in rainfall •wildfire risks, and •how these are addressed through the City’s Local Hazard Mitigation Plan •New FEMA maps relating to flood zones added 83 84 WRITTEN PUBLIC COMMENT CITY COUNCIL MEETING FEBRUARY 15, 2022 1 From:Brad Anderson Sent:Tuesday, February 15, 2022 12:00 PM To:City Clerk Mail Subject:Written Public Comment(s) for La Quinta City Council meeting 2/15/22 - 4:PM  EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening  attachments, clicking links or responding to requests for information.    February 15, 2022   City of La Quinta   City Council   78495 Calle Tampico   La Quinta,  CA.  92253  Attn:  Clerk of the Board   Re:  Written letter to be entered into the Public record and made available to the general public for the scheduled La  Quinta City Council meeting of February 15, 2022 ‐ 4:PM session, Agenda Item: 7 (continuous reinstatement of CA.  AB361)  (Submitted in accordance with California's AB361)  Dear La Quinta City Council,  Please consider allowing citizens the opportunity to participate in live In‐person Open Public meetings of the City of La  Quinta and its many sub committees and commissions.    The declared California State of Emergency continues to be abused by the actions to subvert the Public's ability to  activity participate with Public testimony during the precived Open Public meetings of this City.  Along with City Council  members misuse of Californias AB361 to attend out of State family business events.  It's concerning that this progressive Council would consider the actions to allow for City staff (see agenda Item's 5 & 6)  to travel "overnights" to events that would fight with the narrative of "Social Distancing" the main aspect of Californias  AB361.  It's clear that AB361 have been and continues to be missused by Governmental agencies to suspend certain safeguards  of Californias Brown Act.   Consider integrity while serving the Public  Sincerely,   Brad Anderson | Rancho Mirage,  CA. |    **  CITY COUNCIL MEETING - FEBRUARY 15, 2022 - WRITTEN COMMENTS BY BRAD ANDERSON, RANCHO MIRAGE MATTERS ON THE AGENDA - CONSENT CALENDAR ITEM NO. 7 RELATED TO AB 361 1 From: Nichole Romane <nromane@laquintaca.gov>   Sent: Tuesday, February 15, 2022 5:27 PM  To: Brad Anderson   Cc: Monika Radeva <mradeva@laquintaca.gov>  Subject: RECEIVED: Anderson, Brad 2022‐02‐15 Verbal Public Comment  Mr. Anderson, you were allowed to speak on both, items Not on the Agenda and items listed on the Agenda via teleconference as requested. Your written comments have been entered into the record. You were also notified that you could attend the meeting in-person, which you chose not to and instead elected to participate via teleconference accessibility pursuant to AB 361 – Consent Calendar Item No. 7 on tonight’s agenda. Public comments are facilitated by the Mayor once notification is received, which with teleconference there generally is a delay, as staff has to pass on the message to the Mayor once received. The Mayor clearly stated when you were allowed to speak initially on “Matters Not on the Agenda” that you could provide comments on both items, as I specifically stated that your email correspondence noted you wished to provide comments on Consent Calendar No. 7. If you wish a speedier response, you could consider attending in-person instead of via teleconference pursuant to AB 361. Further, your additional written statements/questions were responded to in real time. The City’s agenda clearly states that every effort shall be made to do so; however, if not possible, comments received prior to the adjournment of the meeting shall be included in the record. In the future, you may wish to remain on the line after you have concluded your verbal comments so you may hear the comments and responses provided by the Council and City Attorney in response to your comments. To date, you have never remained on the line to hear such responses. The City provides ample opportunity for public participation and exercises reat care and transparency in doing so as demonstrated by the multiple avenues you and every other member of the public is allowed to participate in public meetings, which you have utilized many times, and which are in place due to the teleconference accessibility allowances in accordance with the Brown Act (AB 361). CITY COUNCIL MEETING - FEBRUARY 15, 2022 - WRITTEN COMMENTS BY BRAD ANDERSON, RANCHO MIRAGE MATTERS ON THE AGENDA - CONSENT CALENDAR ITEM NO. 7 RELATED TO AB 361 (2) 2 This email correspondence completes the City’s response to your comments/questions. Your comments below and the City’s response herein will be entered into the record for this meeting. From: Brad Anderson <   Sent: Tuesday, February 15, 2022 5:05 PM  To: Nichole Romane <nromane@laquintaca.gov>  Cc: Monika Radeva <mradeva@laquintaca.gov>; City Clerk Mail <CityClerkMail@laquintaca.gov>  Subject: Re: Verbal Public Comment(s) for the La Quinta City Council meeting 2/15/22 ‐ 4:PM session   EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening  attachments, clicking links or responding to requests for information.    February 15, 2022   City of La Quinta   Attn: Clerk of the Board/Board members  Thank you for the response,  but as you are aware I was not allowed the opportunity to speak on Agenda Item's other  than Non‐Agenda topics when I was allowed to be entered into the active meeting.  And as you are aware, I was not allowed the opportunity to be entered into the meeting for Public testimony on Agenda  Item's (Consent Calendar) even after email notification were delivered to your department and repeated raised hands  were used during the time when those agenda items were presented.   Also allowing my participate after‐the‐ fact (Public testimony) where No City Council action was taken to repeal prior  board actions to approve the consent calendar was senseless and potentially out of order for good and fair governance  (Best practices).  Please allow this letter (email) and all other relateded to be entered in to this City Council meeting (2/15/2022)  Please strive to perform your official duties with integrity and honor   Sincerely,   Brad Anderson | Rancho Mirage,  CA. |    On Tue, Feb 15, 2022, 4:37 PM Nichole Romane <nromane@laquintaca.gov> wrote:  Nichole Romane | Deputy City Clerk City Clerk’s Office City of La Quinta 78495 Calle Tampico ◦ La Quinta, CA 92253 Ph. 760.777.7092 nromane@laquintaca.gov www.laquintaca.gov CITY COUNCIL MEETING - FEBRUARY 15, 2022 - WRITTEN COMMENTS BY BRAD ANDERSON, RANCHO MIRAGE MATTERS ON THE AGENDA - CONSENT CALENDAR ITEM NO. 7 RELATED TO AB 361 (2) 3 Your raised hand was noted. You were provided opportunity to speak by the Mayor on both items at the beginning of the meeting.  The Council is aware of your request and may provide opportunity for comments after the fact when appropriate, please continue your teleconference attendance.  Of course, you are also able to attend in-person as well if you choose to do so.  Thank you.  From: Brad Anderson    Sent: Tuesday, February 15, 2022 4:34 PM  To: Laurie McGinley <lmcginley@laquintaca.gov>  Cc: City Clerk Mail <CityClerkMail@laquintaca.gov>  Subject: Re: Verbal Public Comment(s) for the La Quinta City Council meeting 2/15/22 ‐ 4:PM session   EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening  attachments, clicking links or responding to requests for information.   Dear City of La Quinta,    Attn: Clerk of the Board  As it was mention earlier by the host (clerk)   I was providing Public testimony by telephone   I'm still on the phone line  ‐ as you are aware, my attempts to raise my hand was not being noticed by your  department? And my request to speak on Agenda Item: 7 was denied?  Please address this "oversight" before continuing with the meeting  Sincerely,   Brad Anderson | Rancho Mirage,  Ca |     On Tue, Feb 15, 2022, 3:53 PM Laurie McGinley <lmcginley@laquintaca.gov> wrote:  m m m m V Nichole Romane | Deputy City Clerk  City Clerk’s Office  City of La Quinta  78495 Calle Tampico ◦ La Quinta, CA 92253  Ph. 760.777.7092  nromane@laquintaca.gov  www.laquintaca.gov  CITY COUNCIL MEETING - FEBRUARY 15, 2022 - WRITTEN COMMENTS BY BRAD ANDERSON, RANCHO MIRAGE MATTERS ON THE AGENDA - CONSENT CALENDAR ITEM NO. 7 RELATED TO AB 361 (2) 4 Good afternoon,  Will you be providing verbal comments in-person or via Zoom/telephone?  Thank you,  From: Brad Anderson    Sent: Tuesday, February 15, 2022 3:51 PM  To: City Clerk Mail <CityClerkMail@laquintaca.gov>  Subject: Verbal Public Comment(s) for the La Quinta City Council meeting 2/15/22 ‐ 4:PM session   EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening  attachments, clicking links or responding to requests for information.   February 15, 2022   Dear City of La Quinta   Attn:  Clerk of the Board   Please consider allowing time for Public testimony on Agenda Item's:  1)Non‐Agenda Public comment 2)Agenda Item: 7 Thank you,   Brad Anderson | Rancho Mirage,  CA. |       Laurie McGinley | Management Assistant  City Clerk’s Office  City of La Quinta  78495 Calle Tampico ◦ La Quinta, CA 92253  Ph. 760.777.7123  lmcginley@laquintaca.gov  www.laquintaca.gov  CITY COUNCIL MEETING - FEBRUARY 15, 2022 - WRITTEN COMMENTS BY BRAD ANDERSON, RANCHO MIRAGE MATTERS ON THE AGENDA - CONSENT CALENDAR ITEM NO. 7 RELATED TO AB 361 (2) CITY COUNCIL MEETING - FEBRUARY 15, =- WRITTEN COMMENTS BY RESIDENT EDWARD ARMENDAREZ MATTERS ON THE AGENDA- BUSINESS SESSION ITEM NO (WAS CONSENT 11) - PATROL CAR VS. MOTOR BIKE IN SUMMER HEAT From: Edward Armendarez Sent: Tuesday, February 15, 20224:53 PM To: Monika Radeva Subject Patrol Car/Motor bike?Summer Heat? Air Conditioning? ** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. ** Hi Monika. This might be ridiculous because I'm writing this watching the Council Meeting live, but a question comes up with switching out cars for motorcycles; what about in the summertime when temperatures are 128 degrees? Isn't it better to have air conditioning? Who's going to want to be out in all that gear in the heat? Edward Armendarez 1 From:Steve Cherry Sent:Friday, February 11, 2022 7:13 AM To:City Clerk Mail Subject:Written Comments  EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening  attachments, clicking links or responding to requests for information.    With regard to "Talus - Project Status" Delightful 2+ minute video from which it looks like I would not be welcome at Talus since no one in the video looks older than 40 or 50 tops. Was this intentional? Of course, if I showed up with a suitcase full on money then I might be allowed to join the younger crowd. Steve Cherry La Quinta, CA CITY COUNCIL MEETING - FEBRUARY 15, 2022 - WRITTEN PUBLIC COMMENTS BY RESIDENT STEVE CHERRY PRESENTATION NO. 1 - TALUS PROJECT UPDATE La Quinta Residents for Responsible Development Say NO to the Wave - saynotothewave.com P.O. Box 2004, La Quinta, CA 92247-2004 lqresidentsstopthewave@gmail.com Mayor Evans, Mayor Pro Tem Fitzpatrick, Council Members and City officials. My name is Anast Demitt and I am a resident of Trilogy in south La Quinta. On behalf of the LQRRD, I would like to make the following short presentation regarding the projected water demand included in the DEIR for the Coral Mountain Wave Festival Project. On November 11, 2021 a memo was sent by Kelly Clark of Terra Nova Planning to Eric Ceja, Director of Development Services for the City of Palm Desert, regarding the DSRT SURF Project Water Demand Analysis. This is a public document posted on the city of Palm Desert’s web page for the DSRT SURF project. Amongst other items discussed in that memo, a point was raised about the Wave at Coral Mountain that said and I quote… “ Similar projects in the Valley, specifically the Wave at Coral Mountain in La Quinta (the Wave), used an oversimplified CVWD evaporation rate for the wave pool based on a “Plant Factor of 1.10 for a stationary body of water, and 1.20 for a moving body of water”. The memo goes on to state, and I quote: “The analysis does not appear to account for annual loss due to backwash, spilling or potential refilling of the wave pool. Compared to the La Quinta Wave Project, DSRT SURF used conservative water demand estimates that assume the surf lagoon will require complete filling each year, accounts for water loss due to backwash and spilling and uses historical weather data to account for monthly temperatures, humidity, wind, cloud cover, and solar radiation that affect evaporation rates”. We, the La Quinta Residents for Responsible Development, brought the Terra Nova memo to the attention of our attorneys. You, as members of City Council, received a copy of the attorneys' letter. As of today, our attorneys have yet to receive a response to our letter. The reason behind the letter to the City Officials was, in view of this new information coming to light, to ask for a new DEIR to be issued. We request a new DEIR that provides a more comprehensive and detailed water consumption analysis given that Terra Nova stated the original analysis was “oversimplified” and did not address maintenance and refilling water demand or the other concerns mentioned earlier. A new or amended DEIR including all of the relevant information for water demand estimates included in the EIR for DSRT SURF would allow for continued trust in the CEQA Process, which Mayor Evans has advised us to have. It would also allow for required public review and input as well as for analysis by our experts, prior to distribution in a final EIR. Thank you for your attention and consideration of this matter. CITY COUNCIL MEETING - FEBRUARY 15, 2022 - PUBLIC COMMENTS BY RESIDENT ANAST DEMITT MATTERS NOT ON THE AGENDA - THE WAVE AT CORAL MOUNTAIN LQRRD