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2022 03 15 CouncilCITY COUNCIL AGENDA Page 1 of 7 MARCH 15, 2022 CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBER 78495 Calle Tampico, La Quinta REGULAR MEETING ON TUESDAY, MARCH 15, 2022 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  ADDED PRESENTATION ITEM: EMPLOYEE RECOGNITION CITY COUNCIL AGENDA Page 2 of 7 MARCH 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 allow 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 CONFIRMATION OF AGENDA PLEDGE OF ALLEGIANCE CITY COUNCIL AGENDA Page 3 of 7 MARCH 15, 2022 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 >>> ADDED PRESENTATION: EMPLOYEE RECOGNITION 1. PRESENTATION BY COMMUNITY ENGAGEMENT MANAGER ARTURO AVILES WITH OAK VIEW GROUP – UPDATE ON ACRISURE ARENA, A MULTI- PURPOSE 10,000-SEAT INDOOR ARENA, OPENING IN LATE 2022 IN THE COACHELLA VALLEY 2. TALUS – PROJECT STATUS UPDATE 3. PRESENTATION BY MUNICIPAL MARKETING MANAGER CLARA VERA WITH BURRTEC WASTE & RECYCLING – UPDATE ON THE CITY’S COMPLIANCE EFFORTS WITH CALIFORNIA SENATE BILL 1383 REGULATIONS REGARDING ORGANICS WASTE MANAGEMENT AND RECYCLING CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAGE 1. ADOPT ORDINANCE NO. 599 ON SECOND READING APPROVING DEVELOPMENT AGREEMENT 2021-0003 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 9 2. AUTHORIZE OVERNIGHT TRAVEL FOR THE MARKETING MANAGER TO ATTEND 2022 DESTINATIONS INTERNATIONAL MARKETING AND 71 CITY COUNCIL AGENDA Page 4 of 7 MARCH 15, 2022 COMMUNICATIONS SUMMIT IN SEATTLE, WASHINGTON, APRIL 24-26, 2022 3. 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) 75 4. APPROVE DEMAND REGISTERS DATED FEBRUARY 25 AND MARCH 4, 2022 81 5. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED DECEMBER 31, 2021 95 6. ACCEPT ON-SITE IMPROVEMENTS ASSOCIATED WITH THE POLO VILLAS RESIDENTIAL DEVELOPMENT (TRACT MAP NO. 36279) LOCATED ON THE SOUTHWEST CORNER OF MADISON STREET AND VISTA BONITA TRAIL 101 7. REVIEW GENERAL PLAN AND HOUSING ELEMENT ANNUAL PROGRESS REPORTS FOR CALENDAR YEAR 2021 AND AUTHORIZE SUBMITTAL TO THE STATE OFFICE OF PLANNING AND RESEARCH AND DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 105 8. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE LA QUINTA LANDSCAPE RENOVATION IMPROVEMENTS PROJECT, LOCATED AT THE LA QUINTA DESERT PRIDE DEVELOPMENT, ON THE SOUTH SIDE OF MILES AVENUE AND WEST SIDE OF ADAMS STREET, PROJECT NO. 2016-03F2 159 9. ADOPT RESOLUTION TO REAFFIRM ADOPTION OF ANNUAL ASSESSMENT FOR COUNTY SERVICE AREA 152, AUTHORIZE RIVERSIDE COUNTY TO CONTINUE TO LEVY ASSESSMENTS, AND INDEMNIFY AND HOLD THE COUNTY HARMLESS FOR LEVYING ASSESSMENTS ON CITY PARCELS [RESOLUTION NO. 2022-006] 163 10. APPROVE PURCHASE OF TRAFFIC SIGNAL MAINTENANCE EQUIPMENT FROM JTB SUPPLY COMPANY 169 11. RECEIVE AND FILE FISCAL YEAR 2020/21 DEVELOPMENT PROJECT FEE REPORT 177 BUSINESS SESSION PAGE CITY COUNCIL AGENDA Page 5 of 7 MARCH 15, 2022 1. ORDER REPORT, PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 9212, TO ASSESS THE FISCAL, ECONOMIC, AND RELATED IMPACTS OF THE PROPOSED INITIATIVE MEASURE, CURRENTLY IN CIRCULATION, SEEKING TO PHASE-OUT AND PERMANENTLY BAN NON- HOSTED SHORT-TERM VACATION RENTALS IN NON-EXEMPT AREAS BY JANUARY 1, 2025 193 2. ADOPT RESOLUTION TO ADD SENIOR BUILDING INSPECTOR/PLANS EXAMINER POSITION; RECEIVE AND FILE FISCAL YEAR 2021/22 MID- YEAR BUDGET REPORT, APPROVE THE RECOMMENDED BUDGET ADJUSTMENTS, AND DESIGNATE RESERVE FUNDING ALLOCATIONS [RESOLUTION NO. 2022-007] 195 STUDY SESSION – NONE PUBLIC HEARINGS – NONE DEPARTMENTAL REPORTS 1. CITY MANAGER 2. CITY ATTORNEY – INFORMATIONAL UPDATE: CALIFORNIA SENATE BILL POWER POINT PRESENTATION TO PLANNING COMMISSION REGARDING HOUSING DEVELOPMENT APPROVALS 209 3. CITY CLERK 4. COMMUNITY RESOURCES 5. DESIGN AND DEVELOPMENT 6. FINANCE 7. PUBLIC WORKS 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) CITY COUNCIL AGENDA Page 6 of 7 MARCH 15, 2022 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) 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) 30. PALM SPRINGS AIRPORT COMMISSION MEETING MINUTES DATED FEBRUARY 16, 2022 215 ADJOURNMENT ********************************* The next regular meeting of the City Council will be held on April 5, 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 March 11, 2022. DATED: March 11, 2022 CITY COUNCIL AGENDA Page 7 of 7 MARCH 15, 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 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: March 15, 2022 STAFF REPORT AGENDA TITLE: ADOPT ORDINANCE NO. 599 ON SECOND READING APPROVING DEVELOPMENT AGREEMENT 2021-0003 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 Adopt Ordinance No. 599 on second reading. EXECUTIVE SUMMARY On March 1, 2022, Council introduced Ordinance No. 599 to approve Development Agreement 2021-0003 for Polo Villas Residences. Tract 33085 was approved by Council on December 5, 2017, for seven (7) units, south of Beth Circle, and Tract 36279 was approved by Council on 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 active short-term vacation rental (STVR) permits since September 2016. Tract 33085 has not yet been built. 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 were provided by the applicant based on a Fiscal Impact Study: 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 CONSENT CALENDAR ITEM NO. 1 9 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 an 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 an 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 have had an active STVR permits since 2016. In May 2021, Council adopted an ordinance that places a permanent ban on the 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 STVRs are allowed, among other specified exceptions. Those with current active STVR permits may continue to operate as STVRs, but a STVR permit is not transferable and expires 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. Development Agreement Terms The terms of the DA, included as Exhibit A to Ordinance No. 599, 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 STVR residences, with the following components: o Annual permitting fees to be consistent with the City’s fee program; 10 o Any rental or occupancy of 30 nights or less to be subject to the City’s then-current transient occupancy tax for STVRs; 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 STVRs at the site; o Occupancy in any residence, including residences used as STVRs, 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. ENVIRONMENTAL REVIEW The Design and Development Department has determined that the proposed project is consistent with MND EA 2005-537 adopted by Council on December 6, 2005, by Resolution No. 2005-097 and MND EA 2010-608 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 STVRs. ALTERNATIVES As Council introduced this ordinance at first reading, staff does not recommend an alternate. Prepared by: Monika Radeva, City Clerk Cheri Flores, Planning Manager Approved by: Jon McMillen, City Manager Attachment: 1. Vicinity Map 11 12 ORDINANCE NO. 599 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 and March 1, 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 and 12, 2022, and mailed notice to residents and occupants within a 500-foot radius of the Polo Villas residences on February 12, 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 13 Ordinance No. 599 Polo Villas Residences – Development Agreement (Case No. DA 2021-0003) Adopted: March 15, 2022 Page 2 of 5 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 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. 14 Ordinance No. 599 Polo Villas Residences – Development Agreement (Case No. DA 2021-0003) Adopted: March 15, 2022 Page 3 of 5 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 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 15 Ordinance No. 599 Polo Villas Residences – Development Agreement (Case No. DA 2021-0003) Adopted: March 15, 2022 Page 4 of 5 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 March, 2022, by the following vote: 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 16 Ordinance No. 599 Polo Villas Residences – Development Agreement (Case No. DA 2021-0003) Adopted: March 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. (enter number) which was introduced at a regular meeting on the 1st day of March, 2022, and was adopted at a regular meeting held on the 15th day of March, 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 March 16th, 2022, pursuant to Council Resolution. _______________________ MONIKA RADEVA, City Clerk City of La Quinta, California 17 18 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. 599 "EXHIBIT A" ADOPTED: MARCH 15, 2022 CASE NO. DA 2021-0003 19 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)- 20 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 21 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. 22 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 23 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. 24 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 25 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. 26 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. 27 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. 28 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; 29 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. 30 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 31 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 32 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. 33 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 34 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: 35 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. 36 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. 37 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 38 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 39 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 40 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 41 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 42 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. 43 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 44 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. 45 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 46 2905/015610-0183 17230608.13 a02/10/22 EXHIBIT A EXHIBIT “A” LEGAL DESCRIPTION OF SITE [attached] 47 2905/015610-0183 17230608.13 a02/10/22 EXHIBIT A -1- 48 2905/015610-0183 17230608.13 a02/10/22 EXHIBIT B EXHIBIT “B” SITE MAP [attached] 49 2905/015610-0183 17230608.13 a02/10/22 EXHIBIT B -1- 50 2905/015610-0183 17230608.13 a02/10/22 EXHIBIT B -2- 51 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: 52 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 53 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] 54 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. 55 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. 56 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 57 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 58 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 59 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. 60 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. 61 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. 62 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). 63 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. 64 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. 65 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 66 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: 67 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) 68 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) 69 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 70 City of La Quinta CITY COUNCIL MEETING: March 15, 2022 STAFF REPORT AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR THE MARKETING MANAGER TO ATTEND 2022 DESTINATIONS INTERNATIONAL MARKETING AND COMMUNICATIONS SUMMIT IN SEATTLE, WASHINGTON, APRIL 24-26, 2022 RECOMMENDATION Authorize overnight travel for the Marketing Manager to attend 2022 Destinations International Marketing and Communications Summit in Seattle, Washington, April 24-26, 2022 EXECUTIVE SUMMARY The Chief Marketing Officer for Zartico has requested the Marketing Manager attend as a speaker on a panel at the 2022 Destinations International Marketing and Communications Summit. The Summit features educational opportunities for the Marketing Manager to continue to enhance the City’s brand, marketing strategies, community outreach and economic development campaigns. Destinations International informs, inspires, and educates to drive destination economic impact, advocacy, community sustainability and outreach, and quality of life. FISCAL IMPACT Destinations International will cover the cost of the registration ($1,345). Estimated expenses are $1,600; this cost includes lodging, transportation, and meals. Funds are available in the 2021/22 Marketing Department’s Travel and Training budget (101-3007-60320). BACKGROUND/ANALYSIS Destinations International represents powerful forward-thinking, innovative people that elevate tourism to its highest potential. The Marketing Manager was asked to participate in a panel to discuss the importance of the City’s marketing campaign, community outreach, and economic impact surrounding large events; the American Express Golf Tournament. The City of La Quinta will represent the only City on the panel and show its innovative marketing plan that not only promotes The Amex, CONSENT CALENDAR ITEM NO. 2 71 but also drives the economic impact the Amex has on the City. The Summit will consist of educational sessions that will elevate attendees’ knowledge in impactful community outreach, enhancing brand development, and creative communications to connect with businesses, travelers, and community. ALTERNATIVES Council may elect not to approve this request. Prepared by: Marcie Graham, Marketing Manager Approved by: Gilbert Villalpando, Director Attachment 1: Invitation to participate in DI Marketing & Communication Summit 72 Subject:Des$na$on Interna$onal Marke$ng Summit- Sea5le April 24-26 Date:Monday, March 7, 2022 at 8:37:14 AM Pacific Standard Time From:Ted Sullivan To:Marcie Graham, Marissa Willman ** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and cau$on when opening a5achments, clicking links or responding to requests for informa$on. ** Hello Marcie, I would like to formally invite you to par$cipate in the Sports Marke$ng Educa$onal Panel at Des$na$on Interna$onal's Marke$ng and Communica$ons Summit event on Monday April 25th. It's an educa$onal session for the des$na$on industry to learn valuable insights over the effect of spor$ng events in the community. LaQuinta's innova$ve work on the PGA events has been recognized as industry leading and I've been asked to invite you to share your learnings with the a5endees. LaQuinta would be sharing the stage with Visit Salt Lake City (Utah Jazz), Visit Lexington (Horse Racing), and Visit Fort Worth (Women's Gymnas$cs) Please let me know if you'll be able to a5end so we can add you to the program. Your registra$on is comped and you would only need to cover your travel and hotel. Congrats on crea$ng such a successful event and campaign and we look forward to seeing you soon in Sea5le. Sincerely, Ted -- Ted Sullivan | CMO m. 816-309-3670 | zar$co.com linkedin ATTACHMENT 1 73 74 City of La Quinta CITY COUNCIL MEETING: March 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. 3 75 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  February 15, 2022 – findings affirmed Prepared by: Monika Radeva, City Clerk Approved by: Jon McMillen, City Manager Attachment: 1. Council Resolution No. 2021-035 76 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 77 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. 78 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 79 80 City of La Quinta CITY COUNCIL MEETING: March 15, 2022 STAFF REPORT AGENDA TITLE: APPROVE DEMAND REGISTERS DATED FEBRUARY 25 AND MARCH 4, 2022 RECOMMENDATION Approve demand registers dated February 25 and March 4, 2022. EXECUTIVE SUMMARY – None FISCAL IMPACT Demand of Cash: City 5,377,476.51$ Successor Agency of RDA -$ Housing Authority 18,598.78$ 5,396,075.29$ BACKGROUND/ANALYSIS Routine bills and payroll must be paid between Council meetings. Attachment 1 details the weekly demand registers for February 25 and March 4, 2022. Warrants Issued: 207137-207185 3,310,962.90$ 207186-207237 1,499,798.04$ Wire Transfers 323,947.80$ Payroll Tax Transfers 54,418.13$ Payroll Direct Deposit 206,948.42$ 5,396,075.29$ CONSENT CALENDAR ITEM NO. 4 81 The most significant expenditures on the demand registers are: Vendor Account Name Amount Purpose Burrtec Waste & Recycling Services Due to Waste Management 2,449,758.77$ FY20/21 & FY21/22 Property Tax Payment Riverside County Sheriff Department Various 1,264,184.26$ Dec Police Services Coachella Valley Assoc of Government TUMF Payable to CVAG 379,025.13$ Oct, Dec, Jan TUMF Fees Coachella Valley Conservation Commission MSHCP Mitigation Fee 198,095.04$ Oct, Dec, Jan MSCHP Fees Shade Structures, Inc.Parks 71,956.00$ Replaced Forty Six Shade Structure Fabrics in Parks Wire Transfers: Sixteen transfers totaled $323,948. Of this amount, $155,704 was to Landmark, and $81,830 was to CALPERS. (See Attachment 2 for a complete listing). Investment Transactions: Full details of investment transactions as well as total holdings are reported quarterly in the Treasurer’s Report. Prepared by: Jesse Batres, Account Technician Approved by: Rosemary Hallick, Financial Services Analyst Attachments: 1. Demand Registers 2.Wire Transfers Transaction Issuer Type Par Value Settle Date Coupon Rate Purchase Beal Bank TX CD 245,000$ 2/23/22 1.900% Purchase Beal Bank USA CD 245,000$ 2/23/22 1.900% Purchase Federal Home Loan Bank Agency 1,000,000$ 2/25/22 1.700% Maturity Maine Savings CD 248,000$ 2/28/22 3.300% Purchase Eaglemark Savings Bank CD 245,000$ 3/2/22 2.000% Purchase Nelnet Bank, Inc.CD 245,000$ 3/2/22 1.800% 82 3/7/2022 2:17:00 PM Page 1 of 5 City of La Quinta Packet: APPKT03057 - 02/25/2022 JB AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 101 - GENERAL FUND 37.00United Way DeductionsCONTRIBUTION207180UNITED WAY OF THE DESERT 101-0000-20981 12,500.00Marketing & Tourism Promoti…05/2022-06/2022 - SUMMER TV CO-OP207183VISIT GREATER PALM SPRINGS 101-3007-60461 2,000.00Grants & Economic Developm…FY 2021/22 COMMUNITY SERVICE GRANT207153DESERT SANDS EDUCATION F…101-3001-60510 500.00Grants & Economic Developm…FY 2021/22 COMMUNITY SERVICE GRANT207148COACHELLA VALLEY HOUSING …101-3001-60510 1,700.19Travel & Training02/13-02/16/22 - TRAVEL EXPENSE REIM…207158GRAHAM, MARCIE 101-3007-60320 2,678,552.93Due to Waste ManagementFY 21/22 PROPERY TAX PAYMENT SS1207142BURRTEC WASTE & RECYCLING…101-0000-20307 -266,501.82Franchise Taxes - BurrtecFY 21/22 PROPERY TAX PAYMENT SS1207142BURRTEC WASTE & RECYCLING…101-0000-41505 57,237.18Due to Waste ManagementFY 20/21 PROPERTY TAX PAYMENT SS4207142BURRTEC WASTE & RECYCLING…101-0000-20307 -5,693.60Franchise Taxes - BurrtecFY 20/21 PROPERTY TAX PAYMENT SS4207142BURRTEC WASTE & RECYCLING…101-0000-41505 148.55Operating Supplies01/26/22 & 02/09/22 - DRINKING WATER207177SPARKLETTS 101-7003-60420 3,500.00Contract Services - Administrat…03/2022 - LOBBYIST SERVICES207163JOE A GONSALVES & SON 101-1002-60101 222.93Safety Gear01/30/22 - SAFETY BOOTS C.CRUZ207162JERNIGAN'S, INC 101-7006-60427 100.00Miscellaneous Deposits02/15/22 - RENTAL DEPOSIT REFUND207140BARSALEAU, MARY GRACE 101-0000-22830 1,372.50Consultants01/2022 CAPITAL IMPROVEMENT PLAN207170NAI CONSULTING INC 101-7006-60104 201.45Recruiting/Pre-Employment12/01/21-01/01/22 - PRE EMPLOYMENT …207161IRC CORPORATION 101-1004-60129 137.25PM 10 - Dust Control01/17-02/13/22 - PM 10 ANSWERING SER…207139ANSAFONE CONTACT CENTERS 101-7006-60146 48,536.32Landscape Contract02/2022 - MONTHLY MAINTENANCE207182VINTAGE ASSOCIATES 101-3005-60112 930.00Materials/Supplies02/16/22 - PLANT REPLACMENT AT SRR207182VINTAGE ASSOCIATES 101-3005-60431 197.92Printing02/07/22 - CONCERTS IN THE PARK SIGNA…207185XPRESS GRAPHICS 101-3007-60410 241.75Tools/Equipment02/07/22 - TRASH PUMP MAINTENACE207168MOWERS PLUS INC 101-7003-60432 6,694.03Community Experiences10/23/21 - FUNKONOMIX CONCERT IN TH…207165LH PRODUCTIONS 101-3003-60149 475.00Lighting Service03/2022-03/2023 - CONTROL LINK SERVIC…207169MUSCO CORPORATION 101-3005-60136 479.40Operating Supplies03/1/22-02/28/23 - ANNUAL SVC UNIT 71…207181US FLEET TRACKING LLC 101-2001-60420 3,078.00Blood/Alcohol Testing1/17/22 - BLOOD/ALCOHOL ANALYSIS207141BIO-TOX LABORATORIES 101-2001-60174 276.92Tools/Equipment02/01/22 - TOOLS207184WHITE CAP CONSTRUCTION S…101-7003-60432 475.00Map/Plan Checking02/12/22 - PMER 2022-0001 ONCALL MAP…207172RASA/ERIC NELSON 101-7002-60183 900.00Map/Plan Checking02/12/22 - PMER 2022-0004 ONCALL MAP…207172RASA/ERIC NELSON 101-7002-60183 900.00Map/Plan Checking02/19/22 - PMER 2022-0002 ONCALL MAP…207172RASA/ERIC NELSON 101-7002-60183 680.00Map/Plan Checking02/19/2022 - LLA 2022-0001 ONCALL MAP…207172RASA/ERIC NELSON 101-7002-60183 863.70Temporary Agency Services02/11/22 - TEMP AGENCY SERVICES T.SU…207174ROBERT HALF 101-1005-60125 1,351.60Temporary Agency Services02/11/22 - TEMP AGENCY SERVICES J.AG…207174ROBERT HALF 101-6004-60125 290.00Janitorial01/18/22 - PW YARD COVID CLEANING207166MERCHANTS BUILDING MAINT…101-3008-60115 244.88Blood/Alcohol Testing01/17/22 - BLOOD/ALCOHOL ANALYSIS207138AMERICAN FORENSIC NURSES …101-2001-60174 33.39Blood/Alcohol Testing02/04/22 - BLOOD/ALCOHOL ANALYSIS207138AMERICAN FORENSIC NURSES …101-2001-60174 32.03Postage02/03/22 - OVERNIGHT MAIL207155FEDEX 101-1007-60470 1,304.54Landscape Contract02/2022 - L&L MONTHLY MAINTENANCE207171PWLC II, INC 101-2002-60112 1,700.00Tree Maintenance02/19/22 - TREE REMOVAL AT BEAR CREEK…207171PWLC II, INC 101-3005-60557 139.60Maintenance/Services02/17/22 - FS #93 ENTRY LOCK AND KEYS207178THE LOCK SHOP, INC 101-2002-60691 53,200.00MSHCP Mitigation Fee12/2021 - MSCHP FEES207147COACHELLA VALLEY CONSERV…101-0000-20310 -532.00CVMSHCP Admin Fee12/2021 - MSCHP FEES207147COACHELLA VALLEY CONSERV…101-0000-43631 3,648.15Professional Services01/2022 - SECURITY PATROL SERVICES207152DESERT RESORT MANAGEMENT 101-6004-60103 3,820.00Professional Services03/2022 - STVR CONTRACT SERVICES207157GOVOS, INC.101-6006-60103 36,400.00MSHCP Mitigation Fee01/2022 - MSCHP FEES207147COACHELLA VALLEY CONSERV…101-0000-20310 -364.00CVMSHCP Admin Fee01/2022 - MSCHP FEES207147COACHELLA VALLEY CONSERV…101-0000-43631 1,200.00Sexual Assault Exam Fees12/15/21 - SEXUAL ASSAULTS EXAMS LA2…207154EISENHOWER MEDICAL CENTER 101-2001-60193 110,496.00MSHCP Mitigation Fee10/2021 - MSCHP FEES207147COACHELLA VALLEY CONSERV…101-0000-20310 -1,104.96CVMSHCP Admin Fee10/2021 - MSCHP FEES207147COACHELLA VALLEY CONSERV…101-0000-43631 328.38Operating Supplies12/2021 - RADIO MAINTENANCE207150COUNTY OF RIVERSIDE PUBLIC…101-2001-60420 48.49Materials/Supplies02/09/22 - PLANTS207182VINTAGE ASSOCIATES 101-3005-60431 12.39Materials/Supplies02/09/22 - PLANTS207182VINTAGE ASSOCIATES 101-3005-60431 1,024.06HVAC02/14/22 - HVAC AIR FILTERS207164JOHNSTONE SUPPLY 101-3008-60667 377.92Sheriff - Other12/25/21-01/24/22 - MOTOR FUEL CHAR…207173RIVERSIDE COUNTY SHERIFF D…101-2001-60176 Fund 101 - GENERAL FUND Total:2,764,393.07 ATTACHMENT 1 Demand Register 83 Demand Register Packet: APPKT03057 - 02/25/2022 JB 3/7/2022 2:17:00 PM Page 2 of 5 AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 201 - GAS TAX FUND 371.00Traffic Control Signs02/10/22 - TRAFFIC CONTROL SIGNS207179TOPS' N BARRICADES INC 201-7003-60429 215.23Asphalt01/31/22 - ASPHALT207143CALIFORNIA COMMERCIAL AS…201-7003-60430 Fund 201 - GAS TAX FUND Total:586.23 Fund: 202 - LIBRARY & MUSEUM FUND 812.59Landscape Contract02/2022 - MONTHLY MAINTENANCE207182VINTAGE ASSOCIATES 202-3004-60112 169.58Landscape Contract02/2022 - MONTHLY MAINTENANCE207182VINTAGE ASSOCIATES 202-3006-60112 Fund 202 - LIBRARY & MUSEUM FUND Total:982.17 Fund: 215 - LIGHTING & LANDSCAPING FUND 10,589.51Landscape Contract02/2022 - MONTHLY MAINTENANCE207182VINTAGE ASSOCIATES 215-7004-60112 5,667.17Consultants02/2022 - LIGHTING MAINTENANCE SERVI…207151CREATIVE LIGHTING & ELECTR…215-7004-60104 300.00Maintenance/Services02/21/22 - LANDSCAPE COLOR LIGHT CH…207175ROTO-LITE, INC 215-7004-60691 77.65Materials/Supplies01/31/22 - IRRIGATION CONTROLLERS207160HIGH TECH IRRIGATION INC 215-7004-60431 54,741.84Landscape Contract02/2022 - L&L MONTHLY MAINTENANCE207171PWLC II, INC 215-7004-60112 3,896.00Maintenance/Services02/07-02/10/22 - PLANT REPLACEMENT …207171PWLC II, INC 215-7004-60691 Fund 215 - LIGHTING & LANDSCAPING FUND Total:75,272.17 Fund: 221 - AB 939 - CALRECYCLE FUND -13,534.76Burrtec AB 939 FeeFY 21/22 PROPERY TAX PAYMENT SS1207142BURRTEC WASTE & RECYCLING…221-0000-41506 -301.16Burrtec AB 939 FeeFY 20/21 PROPERTY TAX PAYMENT SS4207142BURRTEC WASTE & RECYCLING…221-0000-41506 Fund 221 - AB 939 - CALRECYCLE FUND Total:-13,835.92 Fund: 224 - TUMF FUND 97,020.00TUMF Payable to CVAG12/2021 - TUMF FEES207146COACHELLA VALLEY ASSOC OF…224-0000-20320 63,666.00TUMF Payable to CVAG01/2022 - TUMF FEES207146COACHELLA VALLEY ASSOC OF…224-0000-20320 218,339.13TUMF Payable to CVAG10/2021 - TUMF FEES207146COACHELLA VALLEY ASSOC OF…224-0000-20320 Fund 224 - TUMF FUND Total:379,025.13 Fund: 270 - ART IN PUBLIC PLACES FUND 300.00Art Purchases02/23/22 - ADDITIONAL SUPPLIES FOR CU…207156FRIZZELL, NATHAN 270-0000-74800 Fund 270 - ART IN PUBLIC PLACES FUND Total:300.00 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS 1,345.00Professional Services01/2022 FRITZ BURNS PARK IMPROVEME…207170NAI CONSULTING INC 401-0000-60103 2,939.00Professional Services01/2022 LQ LANDSCAPE RENOVATION IM…207170NAI CONSULTING INC 401-0000-60103 775.00Professional Services01/2022 JEFFERSON STREET AT AVENUE 5…207170NAI CONSULTING INC 401-0000-60103 1,085.00Professional Services01/2022 PAVEMENT MANAGEMENT PLAN…207170NAI CONSULTING INC 401-0000-60103 155.00Professional Services01/2022 SILVERROCK RESORT INFRASTRU…207170NAI CONSULTING INC 401-0000-60103 187.50Professional Services01/2022 WASHINGTON ST AVE50/CALLE …207170NAI CONSULTING INC 401-0000-60103 3,412.50Professional Services01/2022 CITYWIDE STRIPPING REFRESH207170NAI CONSULTING INC 401-0000-60103 1,855.00Professional Services01/2022 LA QUINTA X PARK207170NAI CONSULTING INC 401-0000-60103 7,200.00Professional Services01/2022 DUNE PALMS BRIDGE IMPROVE…207170NAI CONSULTING INC 401-0000-60103 1,240.00Professional Services01/2022 VILLAGE ART/CULTURAL PLAZA207170NAI CONSULTING INC 401-0000-60103 192.50Professional Services01/2022 HIGHWAY 111 CORRIDOR207170NAI CONSULTING INC 401-0000-60103 155.00Professional Services01/2022 WASHINGTON STREET AT FRED …207170NAI CONSULTING INC 401-0000-60103 1,735.00Professional Services01/2022 CITYWIDE MISC ADA IMPROVEM…207170NAI CONSULTING INC 401-0000-60103 1,742.50Professional Services01/2022 SRR RETENTION BASIN SOIL STAB…207170NAI CONSULTING INC 401-0000-60103 1,312.50Design12/2021 - SRR RETENTION BASIN SOIL STA…207159HERMANN DESIGN GROUP INC 401-0000-60185 81.75Design12/2021 - X-PARK LANDSCAPE ARCHITECT…207159HERMANN DESIGN GROUP INC 401-0000-60185 62.50Design12/2021 - MARBELLA/SIERRA DEL RAY LA…207159HERMANN DESIGN GROUP INC 401-0000-60185 150.00Design12/2021 - DESERT PRIDE LANDSCAPE ARC…207159HERMANN DESIGN GROUP INC 401-0000-60185 1,396.92Construction02/01/22 - 2020-03 MAINTENANCE NO 3207149CONVERGINT TECHNOLOGIES …401-0000-60188 1,363.00Construction11/01/21 - 2020-03 MAINTENANCE NO 4207149CONVERGINT TECHNOLOGIES …401-0000-60188 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:28,385.67 Fund: 501 - FACILITY & FLEET REPLACEMENT 41.10Parts, Accessories, and Upfits02/03/22 - LIGHT BULBS #35 TRUCK207145CARQUEST 501-0000-60675 Fund 501 - FACILITY & FLEET REPLACEMENT Total:41.10 Fund: 502 - INFORMATION TECHNOLOGY 2,278.50Copiers02/2022 CITY PRINTERS & 01/2022 METER…207144CANON FINANCIAL SERVICES, …502-0000-60662 765.00Public Works, Software Enhan…01/2022 - TRAFFIC SERVER MAINTENANCE207137ACORN TECHNOLOGY SERVICES 502-0000-71048 84 Demand Register Packet: APPKT03057 - 02/25/2022 JB 3/7/2022 2:17:00 PM Page 3 of 5 AmountVendor Name Payment Number Description (Item)Account Name Account Number 813.78Software Licenses01/10-02/09/22 - MS AZURE ONLINE SVCS207167MICROSOFT CORPORATION 502-0000-60301 Fund 502 - INFORMATION TECHNOLOGY Total:3,857.28 Fund: 503 - PARK EQUIP & FACILITY FUND 71,956.00Parks1/31/22 - 46 SHADE STRUCTURES FOR MU…207176SHADE STRUCTURES, INC 503-0000-71060 Fund 503 - PARK EQUIP & FACILITY FUND Total:71,956.00 Grand Total:3,310,962.90 85 Demand Register Packet: APPKT03057 - 02/25/2022 JB 3/7/2022 2:17:00 PM Page 4 of 5 Fund Summary Fund Expense Amount 101 - GENERAL FUND 2,764,393.07 201 - GAS TAX FUND 586.23 202 - LIBRARY & MUSEUM FUND 982.17 215 - LIGHTING & LANDSCAPING FUND 75,272.17 221 - AB 939 - CALRECYCLE FUND -13,835.92 224 - TUMF FUND 379,025.13 270 - ART IN PUBLIC PLACES FUND 300.00 401 - CAPITAL IMPROVEMENT PROGRAMS 28,385.67 501 - FACILITY & FLEET REPLACEMENT 41.10 502 - INFORMATION TECHNOLOGY 3,857.28 503 - PARK EQUIP & FACILITY FUND 71,956.00 Grand Total:3,310,962.90 Account Summary Account Number Account Name Expense Amount 101-0000-20307 Due to Waste Manageme…2,735,790.11 101-0000-20310 MSHCP Mitigation Fee 200,096.00 101-0000-20981 United Way Deductions 37.00 101-0000-22830 Miscellaneous Deposits 100.00 101-0000-41505 Franchise Taxes - Burrtec -272,195.42 101-0000-43631 CVMSHCP Admin Fee -2,000.96 101-1002-60101 Contract Services - Admini…3,500.00 101-1004-60129 Recruiting/Pre-Employme…201.45 101-1005-60125 Temporary Agency Servic…863.70 101-1007-60470 Postage 32.03 101-2001-60174 Blood/Alcohol Testing 3,356.27 101-2001-60176 Sheriff - Other 377.92 101-2001-60193 Sexual Assault Exam Fees 1,200.00 101-2001-60420 Operating Supplies 807.78 101-2002-60112 Landscape Contract 1,304.54 101-2002-60691 Maintenance/Services 139.60 101-3001-60510 Grants & Economic Devel…2,500.00 101-3003-60149 Community Experiences 6,694.03 101-3005-60112 Landscape Contract 48,536.32 101-3005-60136 Lighting Service 475.00 101-3005-60431 Materials/Supplies 990.88 101-3005-60557 Tree Maintenance 1,700.00 101-3007-60320 Travel & Training 1,700.19 101-3007-60410 Printing 197.92 101-3007-60461 Marketing & Tourism Pro…12,500.00 101-3008-60115 Janitorial 290.00 101-3008-60667 HVAC 1,024.06 101-6004-60103 Professional Services 3,648.15 101-6004-60125 Temporary Agency Servic…1,351.60 101-6006-60103 Professional Services 3,820.00 101-7002-60183 Map/Plan Checking 2,955.00 101-7003-60420 Operating Supplies 148.55 101-7003-60432 Tools/Equipment 518.67 101-7006-60104 Consultants 1,372.50 101-7006-60146 PM 10 - Dust Control 137.25 101-7006-60427 Safety Gear 222.93 201-7003-60429 Traffic Control Signs 371.00 201-7003-60430 Asphalt 215.23 202-3004-60112 Landscape Contract 812.59 202-3006-60112 Landscape Contract 169.58 215-7004-60104 Consultants 5,667.17 215-7004-60112 Landscape Contract 65,331.35 215-7004-60431 Materials/Supplies 77.65 215-7004-60691 Maintenance/Services 4,196.00 86 Demand Register Packet: APPKT03057 - 02/25/2022 JB 3/7/2022 2:17:00 PM Page 5 of 5 Account Summary Account Number Account Name Expense Amount 221-0000-41506 Burrtec AB 939 Fee -13,835.92 224-0000-20320 TUMF Payable to CVAG 379,025.13 270-0000-74800 Art Purchases 300.00 401-0000-60103 Professional Services 24,019.00 401-0000-60185 Design 1,606.75 401-0000-60188 Construction 2,759.92 501-0000-60675 Parts, Accessories, and Up…41.10 502-0000-60301 Software Licenses 813.78 502-0000-60662 Copiers 2,278.50 502-0000-71048 Public Works, Software E…765.00 503-0000-71060 Parks 71,956.00 Grand Total:3,310,962.90 Project Account Summary Project Account Key Expense AmountProject Account Name Project Name **None**3,268,125.05**None****None** 111205P 7,200.00Professional Expense Dune Palms Bridge Imp/BRLKS-5433(014) 141513P 155.00Professional Expense SilverRock Way Infra/Street Improvements 151609P 1,855.00Professional Expense La Quinta X Park 201603D 294.25Design Expense La Quinta Landscape Renovation Improvement 201603P 2,939.00Professional Expense La Quinta Landscape Renovation Improvement 201701P 155.00Professional Expense Washington Street at Fred Waring Drive 201709P 775.00Professional Expense Ave 53 Jefferson St.Roundabout 201901P 1,240.00Professional Expense Village Art Plaza Promenade & Cultural Campus 201905P 192.50Professional Expense Highway 111 Corridor Area Plan Implementation 201923P 187.50Professional Expense Washington St at Ave 50/Calle Tampico ADA 202003CT 2,759.92Construction Expense Citywide Public Safety Camera System 202007D 1,312.50Design Expense SilverRock Retention Basin Soil Stabilization 202007P 1,742.50Professional Expense SilverRock Retention Basin Soil Stabilization 202102P 1,345.00Professional Expense Fritz Burns Park Improvements 202103P 1,735.00Professional Expense Citywide Miscellaneous ADA Improvements 202104P 3,412.50Professional Expense Citywide Striping Refresh 2122PMPP 1,085.00Professional Expense FY21/22 Pavement Management Plan CORONANR 290.00Corona Non Reimbursable Corona Virus Emergency Response JAZZE 6,694.03Spring Jazz Concert Expenses Spring Jazz Concert STVRE 7,468.15Short Term Vacation Rental Expense Short Term Vacation Rental Tracking Grand Total:3,310,962.90 87 3/7/2022 2:14:43 PM Page 1 of 5 Demand Register City of La Quinta Packet: APPKT03066 - 03/04/2022 JB AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 101 - GENERAL FUND 41.90Cable/Internet - Utilities02/16-03/15/22 - FS #70 CABLE (1860)207195CHARTER COMMUNICATIONS …101-2002-61400 -12.65Sales Taxes Payable07/15/21 - UNIFORMS SALES TAXES207219SERVICEWEAR APPAREL 101-0000-20304 157.25Uniforms07/15/21 - UNIFORMS207219SERVICEWEAR APPAREL 101-7006-60690 -3.82Sales Taxes Payable10/28/21 - UNIFORMS SALES TAXES207219SERVICEWEAR APPAREL 101-0000-20304 54.00Uniforms10/28/21 - UNIFORMS207219SERVICEWEAR APPAREL 101-7006-60690 100.14Cable/Internet - Utilities02/16-03/15/22 - FS #32 CABLE (8152)207195CHARTER COMMUNICATIONS …101-2002-61400 200.00Annual Wellness Dollar Reimb…12/24/22 - ANNUAL WELLNESS DOLLARS …207210ORTEGA, HECTOR 101-1004-50252 40.00Travel & Training02/28/22 - NOTARY EXAM REIMBURSEME…207207LORETT, LORI 101-1005-60320 90.00Travel & Training02/02/22 - CAPPO PARKING REIMB D.AR…207188ARMENDARIZ, DERRICK 101-1006-60320 2,200.00Marketing & Tourism Promoti…02/23-03/22/22 - AIRPORT DIGITAL DISPL…207225THE LAMAR COMPANIES 101-3007-60461 1,983.33Prepaid Expense7/01/22-1/31/23 - SILVER MEMBERSHIP 1…207193CALIFORNIA TRAVEL ASSOCIAT…101-0000-13600 1,416.67Membership Dues02/01-06/30/22 - SILVER MEMBERSHIP207193CALIFORNIA TRAVEL ASSOCIAT…101-3007-60351 1,695.65Telephone - Utilities01/23-02/22/22 - EOC PHONE LINE SVC207230TPX COMMUNICATIONS 101-2002-61300 147.79Citywide Supplies01/26/22 & 02/09/22 - CITY WIDE DRINKI…207220SPARKLETTS 101-1007-60403 500.00Miscellaneous Deposits02/07/22 - FACILITY RENTAL DEPOSIT REF…207191BOTSFORD, JEFFREY 101-0000-22830 422.00Community Experiences01/01/22-01/01/23 - SPECIAL EVENT INSU…207187ALLIANT INSURANCE SERVICES …101-3003-60149 11,515.12School Officer11/18-12/15/21 - BP #6 SCHOOL RESOUR…207200DESERT SANDS UNIFIED SCHO…101-2001-60168 554.63Operating Supplies09/29/21 - CITY LOGO ENVELOPES (5000)207226THE PRINTING PLACE 101-6006-60420 91.79Office Supplies12/17/21 - OFFICE SUPPLES207209OFFICE DEPOT 101-6004-60400 4,800.00Maintenance/Services01/31-02/04-22 - PLANT INSTALLATION …207235VINTAGE ASSOCIATES 101-3005-60691 4,800.00Maintenance/Services2/07-02/11/22 - PLANT INSTALLATION AT…207235VINTAGE ASSOCIATES 101-3005-60691 7,103.68LQ Art Event02/18/22 - MARCH 2022 LQAC POSTCARDS207237XPRESS GRAPHICS 101-3003-60512 298.52Forms, Copier Paper02/17/22 - CITYWIDE COPY PAPER207209OFFICE DEPOT 101-1007-60402 6,521.35Prepaid Expense7/1/22-1/31/23 GYM WARRANTY EXTENS…207222TECHNOGYM USA CORP 101-0000-13600 4,658.15Operating Supplies02/01-06/30/22 GYM WARRANTY EXTENS…207222TECHNOGYM USA CORP 101-3002-60420 4,750.00Marketing & Tourism Promoti…2/28/22 - LQ HOT ROD/CUSTOMER CAR S…207223THE CHAMBER 101-3007-60461 668.24Supplies - Field04/02/19 - LE5 LITE BODY WORN VIDEO C…207234VIEVU 101-6004-60425 33.22Office Supplies11/02/21 - OFFICE SUPPLIES207221STAPLES ADVANTAGE 101-1004-60400 39.35Office Supplies11/02/21 - OFFICE SUPPLIES207221STAPLES ADVANTAGE 101-3001-60400 850.00Special Enforcement Funds01/10/22 - CRIME SCENE CLEAN UP LA220…207197CRIME SCENE STERI-CLEAN, LLC 101-2001-60175 10,000.00Marketing & Tourism Promoti…01-01-03/31/22 - Q1 PRINT PUBLICATION …207206LOCALE MAGAZINE 101-3007-60461 4,400.00Professional Services12/15/21 - APPRAISAL SERVICES APN 604-…207218SD GROUP 101-1002-60103 1,160.00Developer Deposits01/29/22 - TTM 2017-0008 ONCALL MAP …207213RASA/ERIC NELSON 101-0000-22810 1,351.60Temporary Agency Services01/07/22 - TEMP AGENCY SERVICES J.AG…207216ROBERT HALF 101-6004-60125 1,351.60Temporary Agency Services1/21/22 - TEMP AGENCY SERVICES J.AGGR…207216ROBERT HALF 101-6004-60125 -270.32Temporary Agency Services01/21/22 - TEMP AGENCY SERVICES J.AG…207216ROBERT HALF 101-6004-60125 619.02Temporary Agency Services02/18/22 - TEMP AGENCY SVCS T.SUDAKO…207216ROBERT HALF 101-1005-60125 850.01Temporary Agency Services2/25/22 - TEMP AGENCY SERVICES T.SUD…207216ROBERT HALF 101-1005-60125 660.32Community Experiences02/15/22 - RAN POWER FOR CHRISTMAS …207236VINTAGE E & S INC 101-3003-60149 100.63Postage01/27-02/10/22 - OVERNIGHT MAIL207202FEDEX 101-1007-60470 168.75Postage02/22/22 - OVERNIGHT MAIL207202FEDEX 101-1007-60470 255.37Materials/Supplies02/08/22 - PLANTS207208MACIAS NURSERY, INC.101-3005-60431 40.88Supplies-Graffiti and Vandalism02/22/22 - PAINT FOR GRAFFITI207227THE SHERWIN-WILLIAMS CO.101-3005-60423 2,613.38Maintenance/Services02/25/22 - FS #93 REPAIRS207186AIR EXCHANGE, INC 101-2002-60691 664.73Materials/Supplies10/21/21 - LANDSCAPE ROCK207231TRI-STATE MATERIALS INC 101-3005-60431 46.53Mobile/Cell Phones/Satellites01/14-02/13/22 - ECO CELL (7813)207233VERIZON WIRELESS 101-2002-61304 1,081.47Electricity - Utilities02/24/22 - ELECTRICITY SERVICE207205IMPERIAL IRRIGATION DIST 101-2002-61101 3,102.46Electric - Civic Center Park - Uti…02/24/22 - ELECTRICITY SERVICE207205IMPERIAL IRRIGATION DIST 101-3005-61103 255.47Electric - Fritz Burns Park - Utili…02/24/22 - ELECTRICITY SERVICE207205IMPERIAL IRRIGATION DIST 101-3005-61105 4,550.67Electric - Sports Complex - Utili…02/24/22 - ELECTRICITY SERVICE207205IMPERIAL IRRIGATION DIST 101-3005-61106 10,400.33Electricity - Utilities02/24/22 - ELECTRICITY SERVICE207205IMPERIAL IRRIGATION DIST 101-3008-61101 427.68Water - Utilities02/24/22 - WATER SERVICE207196COACHELLA VALLEY WATER DI…101-2002-61200 669.25Water -Monticello Park - Utiliti…02/24/22 - WATER SERVICE207196COACHELLA VALLEY WATER DI…101-3005-61201 88 Demand Register Packet: APPKT03066 - 03/04/2022 JB 3/7/2022 2:14:43 PM Page 2 of 5 AmountVendor Name Payment Number Description (Item)Account Name Account Number 999.80Water - Civic Center Park - Utili…02/24/22 - WATER SERVICE207196COACHELLA VALLEY WATER DI…101-3005-61202 137.86Water -Fritz Burns Park - Utiliti…02/24/22 - WATER SERVICE207196COACHELLA VALLEY WATER DI…101-3005-61204 27.05Water -Seasons Park - Utilities02/24/22 - WATER SERVICE207196COACHELLA VALLEY WATER DI…101-3005-61208 1,448.52Water -Community Park - Utilit…02/24/22 - WATER SERVICE207196COACHELLA VALLEY WATER DI…101-3005-61209 70.52Water - Utilities02/24/22 - WATER SERVICE207196COACHELLA VALLEY WATER DI…101-3008-61200 669.05PM 10 - Dust Control02/24/22 - WATER SERVICE207196COACHELLA VALLEY WATER DI…101-7006-60146 1,421.00Developer Deposits919060 - REIMBURSEMENT MATTERS207217RUTAN & TUCKER 101-0000-22810 1,505.00Attorney919050 - CODE ENFORCEMENT207217RUTAN & TUCKER 101-1003-60153 192.00Attorney919054 - COVID 19 ADVICE207217RUTAN & TUCKER 101-1003-60153 3,641.00Attorney919051 - SRR RESORT207217RUTAN & TUCKER 101-1003-60153 1,358.07Attorney919052 - DUNE PALMS PROJECT ROW207217RUTAN & TUCKER 101-1003-60153 608.00Attorney919053 - RESPONSES FOR PUBLIC RECORD…207217RUTAN & TUCKER 101-1003-60153 1,176.00Attorney919048 - PERSONNEL GENERAL207217RUTAN & TUCKER 101-1003-60153 3,570.00Attorney919047 - GENERAL ACCOUNT207217RUTAN & TUCKER 101-1003-60153 552.00Attorney/Litigation919049 - LITIGATION GENERAL207217RUTAN & TUCKER 101-1003-60154 1,963.71Attorney/Litigation919055 - LQ ARTS FESTIVAL TRADEMARK207217RUTAN & TUCKER 101-1003-60154 3,648.15Professional Services02/2022 - SECURITY PATROL SERVICES207199DESERT RESORT MANAGEMENT 101-6004-60103 95.70Gas - Utilities01/24-02/23/22 - FS #32 GAS SVC207224THE GAS COMPANY 101-2002-61100 860.86Gas - Utilities01/24-02/23/22 - CH GAS SVC207224THE GAS COMPANY 101-3008-61100 4,714.00Gas-Utilities FB Pool01/24-02/23/22 - FB POOL GAS SVC207224THE GAS COMPANY 101-3005-61100 373.37Gas - Utilities01/24-02/23/22 - WC GAS SVC207224THE GAS COMPANY 101-3008-61100 94.68Cable/Internet - Utilities02/22-03/21/22 - EOC CABLE207201DISH NETWORK 101-2002-61400 2,929.84Electric - SilverRock Event Site -…02/24/22 - ELECTRICITY SERVICE207205IMPERIAL IRRIGATION DIST 101-3005-61115 77.83Water - Utilities02/24/22 - WATER SERVICE207196COACHELLA VALLEY WATER DI…101-2002-61200 213.18Water -Eisenhower Park - Utilit…02/24/22 - WATER SERVICE207196COACHELLA VALLEY WATER DI…101-3005-61203 90.17Water -Velasco Park - Utilities02/24/22 - WATER SERVICE207196COACHELLA VALLEY WATER DI…101-3005-61205 40.80PM 10 - Dust Control02/24/22 - WATER SERVICE207196COACHELLA VALLEY WATER DI…101-7006-60146 105.00Over Payments, AR Policy03/03/22 - HOME OCCUPATION FEE REFU…207204HAWKWATCH 101-0000-20330 105.00Over Payments, AR Policy03/01/22 - HOME OCCUPATION FEE REFU…207189BIG RIG MEDIA LLC 101-0000-20330 173.01Mobile/Cell Phones/Satellites02/23-03/22/22 - EOC SATELLITE PHONES207215ROADPOST USA INC.101-2002-61304 747,753.29Sheriff Patrol11/18-12/15/21 - BP #6 POLICE SERVICE207214RIVERSIDE COUNTY SHERIFF D…101-2001-60161 30,102.34Police Overtime11/18-12/15/21 - BP #6 POLICE SERVICE207214RIVERSIDE COUNTY SHERIFF D…101-2001-60162 152,094.26Target Team11/18-12/15/21 - BP #6 POLICE SERVICE207214RIVERSIDE COUNTY SHERIFF D…101-2001-60163 63,712.88Community Services Officer11/18-12/15/21 - BP #6 POLICE SERVICE207214RIVERSIDE COUNTY SHERIFF D…101-2001-60164 15,294.40Narcotics Task Force11/18-12/15/21 - BP #6 POLICE SERVICE207214RIVERSIDE COUNTY SHERIFF D…101-2001-60167 144,430.27Motor Officer11/18-12/15/21 - BP #6 POLICE SERVICE207214RIVERSIDE COUNTY SHERIFF D…101-2001-60169 43,144.90Dedicated Sargeants11/18-12/15/21 - BP #6 POLICE SERVICE207214RIVERSIDE COUNTY SHERIFF D…101-2001-60170 23,384.00Dedicated Lieutenant11/18-12/15/21 - BP #6 POLICE SERVICE207214RIVERSIDE COUNTY SHERIFF D…101-2001-60171 30,275.98Sheriff - Mileage11/18-12/15/21 - BP #6 POLICE SERVICE207214RIVERSIDE COUNTY SHERIFF D…101-2001-60172 2,425.05Special Enforcement Funds11/18-12/15/21 - BP #6 POLICE SERVICE207214RIVERSIDE COUNTY SHERIFF D…101-2001-60175 216.42Supplies - Field01/29/21 - LE5 LITE BODY WORN VIDEO C…207234VIEVU 101-6004-60425 226.20Supplies - Field06/02/21 - CLIPLOCK KITS & CLIPLOCK SPR…207234VIEVU 101-6004-60425 Fund 101 - GENERAL FUND Total:1,386,137.30 Fund: 201 - GAS TAX FUND 117.37Traffic Control Signs02/23/22 - TRAFFIC CONTROL SIGNS207228TOPS' N BARRICADES INC 201-7003-60429 491.80Electricity - Utilities02/24/22 - ELECTRICITY SERVICE207205IMPERIAL IRRIGATION DIST 201-7003-61101 Fund 201 - GAS TAX FUND Total:609.17 Fund: 202 - LIBRARY & MUSEUM FUND 2,942.80Electricity - Utilities02/24/22 - ELECTRICITY SERVICE207205IMPERIAL IRRIGATION DIST 202-3004-61101 158.22Gas - Utilities01/24-02/23/22 - LIBRARY GAS SVC207224THE GAS COMPANY 202-3004-61100 123.52Telephone - Utilities02/13-03/12/22 - MUSEUM PHONE207203FRONTIER COMMUNICATIONS…202-3006-61300 Fund 202 - LIBRARY & MUSEUM FUND Total:3,224.54 Fund: 212 - SLESA (COPS) FUND 11,566.89COPS Burglary/Theft Preventi…11/18-12/15/21 - BP #6 POLICE SERVICE207214RIVERSIDE COUNTY SHERIFF D…212-0000-60179 Fund 212 - SLESA (COPS) FUND Total:11,566.89 Fund: 215 - LIGHTING & LANDSCAPING FUND 443.70Materials/Supplies02/25/22 - PLANTS207198DESERT GROWERS NURSERY 215-7004-60431 3,647.95Materials/Supplies02/16/22 - LANDSCAPE DG207231TRI-STATE MATERIALS INC 215-7004-60431 1,095.82Materials/Supplies02/08/22 - PLANTS207208MACIAS NURSERY, INC.215-7004-60431 89 Demand Register Packet: APPKT03066 - 03/04/2022 JB 3/7/2022 2:14:43 PM Page 3 of 5 AmountVendor Name Payment Number Description (Item)Account Name Account Number 159.86Supplies-Graffiti and Vandalism02/25/22 - PAINT FOR GRAFFITI207227THE SHERWIN-WILLIAMS CO.215-7004-60423 975.00Materials/Supplies02/25/22 - TREE REMOVAL SERIVCE207211PWLC II, INC 215-7004-60431 40.86Electric - Utilities02/10-03/09/22 - PHONE SVC207203FRONTIER COMMUNICATIONS…215-7004-61116 3,465.94Electric - Utilities02/24/22 - ELECTRICITY SERVICE207205IMPERIAL IRRIGATION DIST 215-7004-61116 1,439.02Electric - Medians - Utilities02/24/22 - ELECTRICITY SERVICE207205IMPERIAL IRRIGATION DIST 215-7004-61117 7,546.00Water - Medians - Utilities02/24/22 - WATER SERVICE207196COACHELLA VALLEY WATER DI…215-7004-61211 Fund 215 - LIGHTING & LANDSCAPING FUND Total:18,814.15 Fund: 235 - SO COAST AIR QUALITY FUND 648.69Electricity - Utilities02/24/22 - ELECTRICITY SERVICE207205IMPERIAL IRRIGATION DIST 235-0000-61101 Fund 235 - SO COAST AIR QUALITY FUND Total:648.69 Fund: 241 - HOUSING AUTHORITY 5,850.00Professional Services01/2022 - HOUSING CONSULTANT SERVIC…207192CAHA, BECKY 241-9101-60103 Fund 241 - HOUSING AUTHORITY Total:5,850.00 Fund: 501 - FACILITY & FLEET REPLACEMENT 593.44Motorcycle Repair & Mainten…01/25/22 - MOTORCYCLE REPAIRS A1155207190BMW MOTORCYCLES OF RIVE…501-0000-60679 286.54Motorcycle Repair & Mainten…2/10/22 - MOTORCYCLE AUX BATTERY RE…207190BMW MOTORCYCLES OF RIVE…501-0000-60679 202.26Parts, Accessories, and Upfits08/16/21 - VEHICLE PARTS & SUPPLIES207194CARQUEST 501-0000-60675 80.13Parts, Accessories, and Upfits10/28/21 - VEHICLE BOOSTER CABLE207194CARQUEST 501-0000-60675 4,552.69Fuel & Oil02/01-02/15/22 - FUEL207229TOWER ENERGY GROUP 501-0000-60674 42,335.14Machinery & Equipment02/21/22 - NEW CATERPILLER PAVING M…207212QUINN COMPANY 501-0000-80100 Fund 501 - FACILITY & FLEET REPLACEMENT Total:48,050.20 Fund: 502 - INFORMATION TECHNOLOGY 150.43Cable/Internet - Utilities01/15-02/14/22 - WC INTERNET (8105)207195CHARTER COMMUNICATIONS …502-0000-61400 10.57Cable/Internet - Utilities02/20-03/19/22 - WC CABLE (1909)207195CHARTER COMMUNICATIONS …502-0000-61400 2,079.00Cable/Internet - Utilities02/10-03/09/22 - CH INTERNET (2546)207195CHARTER COMMUNICATIONS …502-0000-61400 82.07Cable/Internet - Utilities02/12-03/11/22 - CH CABLE (4080)207195CHARTER COMMUNICATIONS …502-0000-61400 3,175.03Telephone - Utilities01/23-02/22/22 - PHONE LINE SVC207230TPX COMMUNICATIONS 502-0000-61300 19,400.00Machinery & Equipment2/24/22 - COUNCIL CHAMBER A/V EQUIP …207232TRITON TECHNOLOGY SOLUTI…502-0000-80100 Fund 502 - INFORMATION TECHNOLOGY Total:24,897.10 Grand Total:1,499,798.04 90 Demand Register Packet: APPKT03066 - 03/04/2022 JB 3/7/2022 2:14:43 PM Page 4 of 5 Fund Summary Fund Expense Amount 101 - GENERAL FUND 1,386,137.30 201 - GAS TAX FUND 609.17 202 - LIBRARY & MUSEUM FUND 3,224.54 212 - SLESA (COPS) FUND 11,566.89 215 - LIGHTING & LANDSCAPING FUND 18,814.15 235 - SO COAST AIR QUALITY FUND 648.69 241 - HOUSING AUTHORITY 5,850.00 501 - FACILITY & FLEET REPLACEMENT 48,050.20 502 - INFORMATION TECHNOLOGY 24,897.10 Grand Total:1,499,798.04 Account Summary Account Number Account Name Expense Amount 101-0000-13600 Prepaid Expense 8,504.68 101-0000-20304 Sales Taxes Payable -16.47 101-0000-20330 Over Payments, AR Policy 210.00 101-0000-22810 Developer Deposits 2,581.00 101-0000-22830 Miscellaneous Deposits 500.00 101-1002-60103 Professional Services 4,400.00 101-1003-60153 Attorney 12,050.07 101-1003-60154 Attorney/Litigation 2,515.71 101-1004-50252 Annual Wellness Dollar Re…200.00 101-1004-60400 Office Supplies 33.22 101-1005-60125 Temporary Agency Servic…1,469.03 101-1005-60320 Travel & Training 40.00 101-1006-60320 Travel & Training 90.00 101-1007-60402 Forms, Copier Paper 298.52 101-1007-60403 Citywide Supplies 147.79 101-1007-60470 Postage 269.38 101-2001-60161 Sheriff Patrol 747,753.29 101-2001-60162 Police Overtime 30,102.34 101-2001-60163 Target Team 152,094.26 101-2001-60164 Community Services Offic…63,712.88 101-2001-60167 Narcotics Task Force 15,294.40 101-2001-60168 School Officer 11,515.12 101-2001-60169 Motor Officer 144,430.27 101-2001-60170 Dedicated Sargeants 43,144.90 101-2001-60171 Dedicated Lieutenant 23,384.00 101-2001-60172 Sheriff - Mileage 30,275.98 101-2001-60175 Special Enforcement Funds 3,275.05 101-2002-60691 Maintenance/Services 2,613.38 101-2002-61100 Gas - Utilities 95.70 101-2002-61101 Electricity - Utilities 1,081.47 101-2002-61200 Water - Utilities 505.51 101-2002-61300 Telephone - Utilities 1,695.65 101-2002-61304 Mobile/Cell Phones/Satell…219.54 101-2002-61400 Cable/Internet - Utilities 236.72 101-3001-60400 Office Supplies 39.35 101-3002-60420 Operating Supplies 4,658.15 101-3003-60149 Community Experiences 1,082.32 101-3003-60512 LQ Art Event 7,103.68 101-3005-60423 Supplies-Graffiti and Van…40.88 101-3005-60431 Materials/Supplies 920.10 101-3005-60691 Maintenance/Services 9,600.00 101-3005-61100 Gas-Utilities FB Pool 4,714.00 101-3005-61103 Electric - Civic Center Park…3,102.46 101-3005-61105 Electric - Fritz Burns Park -…255.47 101-3005-61106 Electric - Sports Complex -…4,550.67 101-3005-61115 Electric - SilverRock Event…2,929.84 91 Demand Register Packet: APPKT03066 - 03/04/2022 JB 3/7/2022 2:14:43 PM Page 5 of 5 Account Summary Account Number Account Name Expense Amount 101-3005-61201 Water -Monticello Park - …669.25 101-3005-61202 Water - Civic Center Park -…999.80 101-3005-61203 Water -Eisenhower Park -…213.18 101-3005-61204 Water -Fritz Burns Park - …137.86 101-3005-61205 Water -Velasco Park - Utili…90.17 101-3005-61208 Water -Seasons Park - Util…27.05 101-3005-61209 Water -Community Park -…1,448.52 101-3007-60351 Membership Dues 1,416.67 101-3007-60461 Marketing & Tourism Pro…16,950.00 101-3008-61100 Gas - Utilities 1,234.23 101-3008-61101 Electricity - Utilities 10,400.33 101-3008-61200 Water - Utilities 70.52 101-6004-60103 Professional Services 3,648.15 101-6004-60125 Temporary Agency Servic…2,432.88 101-6004-60400 Office Supplies 91.79 101-6004-60425 Supplies - Field 1,110.86 101-6006-60420 Operating Supplies 554.63 101-7006-60146 PM 10 - Dust Control 709.85 101-7006-60690 Uniforms 211.25 201-7003-60429 Traffic Control Signs 117.37 201-7003-61101 Electricity - Utilities 491.80 202-3004-61100 Gas - Utilities 158.22 202-3004-61101 Electricity - Utilities 2,942.80 202-3006-61300 Telephone - Utilities 123.52 212-0000-60179 COPS Burglary/Theft Prev…11,566.89 215-7004-60423 Supplies-Graffiti and Van…159.86 215-7004-60431 Materials/Supplies 6,162.47 215-7004-61116 Electric - Utilities 3,506.80 215-7004-61117 Electric - Medians - Utiliti…1,439.02 215-7004-61211 Water - Medians - Utilities 7,546.00 235-0000-61101 Electricity - Utilities 648.69 241-9101-60103 Professional Services 5,850.00 501-0000-60674 Fuel & Oil 4,552.69 501-0000-60675 Parts, Accessories, and Up…282.39 501-0000-60679 Motorcycle Repair & Main…879.98 501-0000-80100 Machinery & Equipment 42,335.14 502-0000-61300 Telephone - Utilities 3,175.03 502-0000-61400 Cable/Internet - Utilities 2,322.07 502-0000-80100 Machinery & Equipment 19,400.00 Grand Total:1,499,798.04 Project Account Summary Project Account Key Expense AmountProject Account Name Project Name **None**1,480,447.12**None****None** 18-002E 1,160.00TRAVERTINE CORPORATION EXP TRAVERTINE CORPORATION 201804E 4,743.77Landscape & Lighting Median Island …Landscape & Lighting Median Island Improvements 22006E 1,421.00GTGF LLC EXPENSE GTGF, LLC CORONANR 192.00Corona Non Reimbursable Corona Virus Emergency Response LQACE 7,103.68La Quinta Art Celebration - Expense La Quinta Art Celebration ROCKETE 422.00Mission La Quinta Rocket Launch Ex…Mission La Quinta Rocket Launch STVRE 3,648.15Short Term Vacation Rental Expense Short Term Vacation Rental Tracking TREEE 660.32Tree Lighting Ceremony Expense Tree Lighting Ceremony Grand Total:1,499,798.04 92 City of La Quinta Bank Transactions 2/21 – 3/4/2022 Wire Transaction Listed below are the wire transfers from 2/21 – 3/4/2022. Wire Transfers: 02/22/2022 - WIRE TRANSFER - EXPERT PAY $138.46 02/22/2022 - WIRE TRANSFER - EDD $8,841.00 02/23/2022 - WIRE TRANSFER - STERLING HEALTH $1,802.07 02/23/2022 - WIRE TRANSFER - CALPERS $4,818.54 02/23/2022 - WIRE TRANSFER - CALPERS $13,971.33 02/23/2022 - WIRE TRANSFER - CALPERS $22,177.39 02/24/2022 - WIRE TRANSFER - LQCEA $441.00 02/24/2022 - WIRE TRANSFER - ICMA $6,348.94 03/04/2022 - WIRE TRANSFER - EXPERT PAY $138.46 03/04/2022 - WIRE TRANSFER - CALPERS $4,818.54 03/04/2022 - WIRE TRANSFER - CALPERS $13,956.20 03/04/2022 - WIRE TRANSFER - CALPERS $22,088.35 03/04/2022 - WIRE TRANSFER - MIDAMERICA $9,121.54 03/04/2022 - WIRE TRANSFER - MIDAMERICA $9,371.54 03/04/2022 - WIRE TRANSFER - MIDAMERICA $50,210.92 03/04/2022 - WIRE TRANSFER - LANDMARK $155,703.52 TOTAL WIRE TRANSFERS OUT $323,947.80 ATTACHMENT 2 93 94 City of La Quinta CITY COUNCIL MEETING: March 15, 2022 STAFF REPORT AGENDA TITLE: RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED DECEMBER 31, 2021 RECOMMENDATION Receive and file revenue and expenditure report dated December 31, 2021. EXECUTIVE SUMMARY •The report summarizes the City’s year-to-date (YTD) revenues and period expenditures for December 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, including carryovers from the prior FY. 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. 5 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 December 31, 2021 MTD YTD YTD Percent of Budget YTD YTD Percent of Budget General Fund (GF)$6,749,532 $20,350,321 34.61% $15,897,744 28.88% All Funds $9,390,673 $31,740,953 22.34% $36,569,345 21.49% MTD YTD YTD Percent of Budget YTD YTD Percent of Budget General Fund $3,008,690 $14,306,236 20.49% $13,977,408 21.28% Payroll (GF)$891,332 $5,188,711 45.80% $4,875,441 46.68% All Funds $5,964,138 $38,682,149 24.31% $54,459,530 29.32% December 2021 Expenditures Comparison to LY Comparison to LYDecember 2021 Revenues General Fund Non-General Fund Property Tax 2,145,741$ SilverRock Greens Fees 462,668$ Transient Occupancy (Hotel) Tax 1,625,863$ Technology Support Internal Service Fund(1)438,675$ Measure G Sales Tax 1,216,772$ Facility & Fleet Internal Service Fund(1)297,938$ Sales Tax 983,637$ Insurance Internal Service Fund (1)252,500$ STVR Registration Fees 140,500$ County Sales Tax (Measure A)153,175$ General Fund Non-General Fund Land Acquisition (Point Happy)604,525$ Capital Improvement Program - Construction(3)1,424,511$ Liability Insurance & Claims (2)132,250$ SilverRock Maintenance 180,232$ Contract Legal Services 112,940$ Facility & Fleet Maintenance 106,425$ Park Equipment Maintenance (2)87,500$ Vehicles 100,890$ Marketing and Tourism Promotions 80,042$ Lighting & Landscape Maintenance 65,331$ (3)CIP Construction: X-Park, SRR canal crossing, Monroe Street pavement, fire station 70 Top Five Revenue/Income Sources for December Top Five Expenditures/Outlays for December (1)Internal Service Funds are used to account for activities involved in rendering services to departments within the City; quarterly journal entries move revenue into these funds. (2)These charges in the General Fund represent quarterly contributions to the Internal Service Funds. 96 For Fiscal: 2021/22 Period Ending: 12/31/2021 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 20,350,3216,749,53258,804,210 58,804,210 -38,453,889 34.61 % 201 - GAS TAX FUND 800,612141,4851,965,880 1,965,880 -1,165,268 40.73 % 202 - LIBRARY & MUSEUM FUND -2,438752,850,700 2,850,700 -2,853,138 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 86,1658,333101,000 101,000 -14,835 85.31 % 215 - LIGHTING & LANDSCAPING FUND 14,05802,274,700 2,274,700 -2,260,642 0.62 % 221 - AB 939 - CALRECYCLE FUND 13,5123,60770,000 70,000 -56,489 19.30 % 223 - MEASURE A FUND 630,055153,1751,567,000 1,567,000 -936,945 40.21 % 225 - INFRASTRUCTURE FUND -80100100 -108 7.77 % 226 - EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG)28,809012,000 12,000 16,809 240.08 % 227 - STATE HOMELAND SECURITY PROGRAMS (SHSP)005,000 5,000 -5,000 0.00 % 230 - CASp FUND, AB 1379 9,6591,46819,200 19,200 -9,541 50.31 % 231 - SUCCESSOR AGCY PA 1 RORF 48,794000 48,794 0.00 % 235 - SO COAST AIR QUALITY FUND 13,53713,55352,800 52,800 -39,263 25.64 % 237 - SUCCESSOR AGCY PA 1 ADMIN -74000 -74 0.00 % 241 - HOUSING AUTHORITY 1,034,73388,606871,400 871,400 163,333 118.74 % 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)12,1836,100201,000 201,000 -188,817 6.06 % 250 - TRANSPORTATION DIF FUND 1,413,247125,749428,000 428,000 985,247 330.20 % 251 - PARKS & REC DIF FUND 305,31263,180351,000 351,000 -45,688 86.98 % 252 - CIVIC CENTER DIF FUND 244,27737,255152,000 152,000 92,277 160.71 % 253 - LIBRARY DEVELOPMENT DIF 57,49511,91050,000 50,000 7,495 114.99 % 254 - COMMUNITY & CULTURAL CENTERS DIF 136,74328,68072,000 72,000 64,743 189.92 % 255 - STREET FACILITY DIF FUND 31,463000 31,463 0.00 % 256 - PARK FACILITY DIF FUND 40000 40 0.00 % 257 - FIRE PROTECTION DIF 83,49011,17366,000 66,000 17,490 126.50 % 270 - ART IN PUBLIC PLACES FUND 108,42015,199130,000 130,000 -21,580 83.40 % 275 - LQ PUBLIC SAFETY OFFICER -2002,600 2,600 -2,620 0.76 % 299 - INTEREST ALLOCATION FUND 726,591122,45600 726,591 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 62,391,518 -60,885,569 2.41 % 405 - SA PA 1 CAPITAL IMPRV FUND -458000 -458 0.00 % 501 - FACILITY & FLEET REPLACEMENT 595,279297,9381,222,750 1,222,750 -627,471 48.68 % 502 - INFORMATION TECHNOLOGY 888,885440,7901,786,700 1,786,700 -897,815 49.75 % 503 - PARK EQUIP & FACILITY FUND 173,52687,500400,000 400,000 -226,474 43.38 % 504 - INSURANCE FUND 504,857252,5001,010,800 1,010,800 -505,943 49.95 % 601 - SILVERROCK RESORT 1,633,645517,8814,157,693 4,157,693 -2,524,048 39.29 % 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 77,01579,77480,000 80,000 -2,985 96.27 % 762 - PARS PENSION TRUST 218,175132,755700,000 700,000 -481,825 31.17 % Report Total:9,390,673 31,740,95389,594,439 142,091,151 -110,350,198 22.34 % ATTACHMENT 1 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. 97 For Fiscal: 2021/22 Period Ending: 12/31/2021 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 14,306,2363,008,69055,162,726 69,803,615 55,497,379 20.49 % 201 - GAS TAX FUND 489,209188,5622,007,500 2,934,683 2,445,474 16.67 % 202 - LIBRARY & MUSEUM FUND 327,296176,7964,306,510 4,656,510 4,329,214 7.03 % 203 - PUBLIC SAFETY FUND (MEASURE G)89,54100286,397 196,856 31.26 % 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 955,498199,4562,257,400 2,257,400 1,301,902 42.33 % 220 - QUIMBY FUND 330,300001,180,635 850,335 27.98 % 221 - AB 939 - CALRECYCLE FUND 14,6472,273150,000 150,000 135,353 9.76 % 223 - MEASURE A FUND 85,82627,6661,220,500 2,614,501 2,528,675 3.28 % 225 - INFRASTRUCTURE FUND 00022,618 22,618 0.00 % 226 - EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG)9,750012,000 12,000 2,250 81.25 % 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 3,1041,28742,500 42,500 39,396 7.30 % 237 - SUCCESSOR AGCY PA 1 ADMIN 500000 -500 0.00 % 241 - HOUSING AUTHORITY 536,840120,3241,542,200 1,542,200 1,005,360 34.81 % 243 - RDA LOW-MOD HOUSING FUND 7000250,000 250,000 249,300 0.28 % 244 - HOUSING GRANTS (Multiple)13,66713,66700 -13,667 0.00 % 247 - ECONOMIC DEVELOPMENT FUND 16,500021,500 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 1,816,757 1,416,757 22.02 % 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 49,55614,500127,000 742,700 693,144 6.67 % 310 - LQ FINANCE AUTHORITY DEBT SERVICE 001,100 1,100 1,100 0.00 % 401 - CAPITAL IMPROVEMENT PROGRAMS 3,451,5881,505,3279,894,806 60,540,692 57,089,104 5.70 % 405 - SA PA 1 CAPITAL IMPRV FUND 3,368001,128,751 1,125,384 0.30 % 501 - FACILITY & FLEET REPLACEMENT 351,538159,1201,222,750 1,304,714 953,176 26.94 % 502 - INFORMATION TECHNOLOGY 773,264116,9121,786,700 1,939,700 1,166,436 39.87 % 503 - PARK EQUIP & FACILITY FUND 43,26336,291255,000 255,000 211,737 16.97 % 504 - INSURANCE FUND 850,648397936,800 936,800 86,153 90.80 % 601 - SILVERROCK RESORT 1,997,615387,3754,161,262 4,161,262 2,163,647 48.01 % 760 - SUPPLEMENTAL PENSION PLAN 12,833012,850 12,850 17 99.87 % 761 - CERBT OPEB TRUST 8954501,500 1,500 605 59.69 % 762 - PARS PENSION TRUST 30,2605,04552,000 52,000 21,740 58.19 % Report Total:5,964,138 38,682,14986,463,054 159,102,336 120,420,187 24.31 % 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: March 15, 2022 STAFF REPORT AGENDA TITLE: ACCEPT ON-SITE IMPROVEMENTS ASSOCIATED WITH THE POLO VILLAS RESIDENTIAL DEVELOPMENT (TRACT MAP NO. 36279) LOCATED ON THE SOUTHWEST CORNER OF MADISON STREET AND VISTA BONITA TRAIL RECOMMENDATION Accept the on-site improvements associated with Tract Map No. 36279, the Polo Villas; authorize staff to release performance, labor and materials securities. EXECUTIVE SUMMARY •The Polo Villas is a residential project located on the southwest corner of Madison Street and Vista Bonita Trail (Attachment 1). •Desert Polo Land Company, LLC (Developer) has requested release of the performance, labor and materials securities. •Since the on-site improvements have been completed and Developer has paid their fair share cost for the off-site improvements completed as part of a City Project, staff recommends acceptance of the on-site improvements, and release of all performance, labor and materials securities. FISCAL IMPACT None. BACKGROUND/ANALYSIS The Developer has completed the on-site improvements required by Tract Map No. 36279. The improvements include pavement, curb and gutter, signing and striping, storm drains, catch basins, water and sewer improvements, landscaping, and survey monumentation. Staff inspected the on-site improvements and verified they meet City-approved plans and standards. Developer has paid their fair share cost towards the off-site improvements which were constructed as part of the City’s Madison Street Widening project. CONSENT CALENDAR ITEM NO. 6 101 ALTERNATIVES Accepting improvements is a ministerial action necessary for the release of the improvement securities. Since the improvements have been inspected and meet City standards, staff does not recommend an alternative action. Prepared by: Amy Yu, Associate Engineer Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachment: 1. Vicinity Map 102 V I C I N I T Y M A P NOT TO SCALE TRACT MAP NO. 36279 ATTACHMENT 1 103 104 City of La Quinta CITY COUNCIL MEETING: March 15, 2022 STAFF REPORT AGENDA TITLE: REVIEW GENERAL PLAN AND HOUSING ELEMENT ANNUAL PROGRESS REPORTS FOR CALENDAR YEAR 2021 AND AUTHORIZE SUBMITTAL TO THE STATE OFFICE OF PLANNING AND RESEARCH AND DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT RECOMMENDATION Authorize submittal of the General Plan and Housing Element Annual Progress Reports for calendar year 2021 to the Office of Planning and Research and the State Department of Housing and Community Development; and determine the action is not a project pursuant to CEQA as defined in Section 15378(b)(2) of the Public Resources Code. EXECUTIVE SUMMARY State Law requires incorporated communities to adopt a General Plan that regulates the land development within the City’s boundary and sphere of influence. The 2035 La Quinta General Plan (General Plan) was adopted by Council on February 19, 2013. A General Plan Annual Progress Report (General Plan APR) for calendar year 2021 has been prepared to update the Planning Commission (PC) and Council on implementation. The Housing Element Annual Progress Report (Housing APR) for calendar year 2021 has been prepared in compliance with State regulations. FISCAL IMPACT – None BACKGROUND/ANALYSIS General Plan APR California Government Code Section 65300 requires the City to prepare and adopt a comprehensive, long-term General Plan. The General Plan addresses CONSENT CALENDAR ITEM NO. 7 105 lands within the City’s boundaries and its sphere of influence (Attachment 1). Staff prepared the General Plan APR to inform the PC and Council on the status of the General Plan implementation. Staff has presented General Plan progress reports to PC every year since 2017. The General Plan APR was prepared according to the guidelines established by the Governor’s Office of Planning and Research (OPR) and provides General Plan implementation status since adopted on February 19, 2013. The General Plan APR reviews all goals, policies and programs for the mandated elements: Land Use, Circulation, Housing, Conservation, Open Space, Safety, and Noise. Additionally, the General Plan APR reviews all optional elements such as the Livable Community, Economic Development, Parks, Recreation, and Trails, Air Quality, Biological Resources and Cultural Resources elements. All goals/policies are listed with their current status. Updates to implementation efforts are highlighted in yellow in the General Plan APR (Attachment 2). General Plan implementation occurs regularly by all City Departments through the development and implementation of City programs, and PC and Council review of development projects for consistency with the General Plan. Implementation of General Plan goals, policies and programs may require new initiatives that extend beyond the development review process. Implementation efforts in 2021 included:  Construction underway of the Talus (SilverRock) development;  SilverRock Event Center Park construction completed and open;  X Park Skate Park construction underway and near completion;  Al Fresco program to assist businesses with outdoor dining and sales continues. Housing APR Preparing and submitting the Housing APR to California Department of Housing and Community Development (HCD) and OPR is required by all cities pursuant to SB 35 and AB 879, enacted in 2017. Codified as Government Code 65400, this legislation requires cities to prepare an annual Housing Element Progress Report that outlines annual building activity, housing development applications received, and progress towards achieving a city’s Regional Housing Needs Allocation, or RHNA (Attachment 3). The City has made significant progress towards achieving its RHNA for this cycle. The current report shows the City meeting and exceeding its 91-unit very low-income allocation goal, 61-unit low income allocation goal, and 146-unit above moderate income allocation goal, and achieving 12 units of its 66-unit moderate income allocation goal. 106 Recent General Plan Updates The General Plan Housing and Safety Elements were recently updated and adopted to include the updated goals, policies and programs for implementation of the City’s new RHNA for the 2022-2029 housing cycle and additional state requirements regarding climate change, flood risk, and fire hazards. The review of these updated policies will be incorporated into the APR’s next year. PLANNING COMMISSION The Planning Commission, at its regular meeting on March 8, 2022, recommended that the City Council authorize submittal of the General Plan APR and the Housing Element APR to the OPR and HCD. ENVIRONMENTAL REVIEW The General Plan APR and Housing APR are not subject to CEQA as the reports are not considered a project as defined in Section 15378(b)(2) of the Public Resources Code. Prepared by: Cheri Flores, Planning Manager Approved by: Danny Castro, Design and Development Director Attachments: 1. La Quinta General Plan Map 2. General Plan Annual Progress Report 3. Housing Element Annual Progress Report Summary 107 108 II-1 Source: City of La Quinta General Plan, 05.07.2012 06.26.12City of La Quinta General Plan Land Use Map La Quinta, California Exhibit ATTACHMENT 1 109 110 2021General Plan Annual Progress Report A ccepted by City Council consent Item # ATTACHMENT 2 111 i Table of Contents Section Page Number Table of Contents i List of Abbreviations ii General Plan Elements Land Use x Circulation x Livable Community x Economic Development x Housing x Parks, Recreation, and Trails x Air Quality x Energy and Mineral Resources x Biological Resources x Cultural Resources x Water Resources x Open Space and Conservation x Noise x Soils and Geology x Flooding and Hydrology x Hazardous Materials x Emergency Services x Water, Sewer, and Utilities x Public Facilities x 112 ii List of Abbreviations Abbreviation Meaning ALRB Architecture and Landscape Review Board GP General Plan SOI Sphere of Influence PUD Planned Unit Development SP Specific Plan CVWD Coachella Valley Water District IID Imperial Irrigation District CVMSHCP Coachella Valley Multi Species Habitat Conservation Plan CIP Capital Improvement Plan STVR Short Term Vacation Rental ALUC Airport Land Use Commission ATP Active Transportation Plan PAT Process Action Team PMP Pavement Management Plan CVAG Coachella Valley Association of Governments LOS Level of Services LQMC La Quinta Municipal Code TSM Transportation Systems Management JPA Joint Powers Authority CEQA California Environmental Quality Act TMO Transportation Management Organization GHG Greenhouse Gas BRT Bus Rapid Transit NEV Neighborhood Electric Vehicles GPS Global Positioning System GIS Geographic Information Systems EIR Environmental Impact Report RHNA Regional Housing Needs Assessment AHO Affordable Housing Overlay LIHTC Transition Low Income Housing Tax Credit HUD Housing and Urban Development HCD California Department of Housing and Community Development EDA Riverside County Economic Development Agency MVK Martha’s Village and Kitchen CVRM Coachella Valley Rescue Mission LIHEAP Low Income Home Energy Assistance Program HERO Home Energy Renovation Opportunity DRD Desert Recreation District SCAQMD South Coast Air Quality Management District TAC Toxic Air Contaminant LED Light Emitting Diode CNG Compressed Natural Gas MBTA Migratory Bird Treaty Act 113 iii FY Fiscal Year SB California Senate Bill AB California Assembly Bill NPDES National Pollutant Discharge Elimination System dbA A-weighted Sound Level CNEL Community Noise Equivalent Level CM City Manager EOP Emergency Operations Plan EOC Emergency Operations Center FEMA Federal Emergency Management Agency CERT Community Emergency Response Team DIF Development Impact Fees ISO Insurance Services Office 114 Policy/Programs Description Status Goal LU-1 Policy LU-1.1 The Land Use Map shall implement the goals and policies of the Land Use Element and the other Elements of the General Plan. Complete and Ongoing. The Land Use Map is updated on a periodic basis to be sure the land use patterns in the City reflect the goals and policies of the General Plan. Program LU-1.1a Maintain consistency between the Land Use Map and Zoning Map, consistent with the Zoning Designations Consistency Matrix. Complete and Ongoing. Zone Change and General Plan Amendment Proposals are reviewed for consistency. Updated Overall Zoning Map Fall 2016 Program LU-1.1b The Zoning Ordinance will include design standards in all zoning districts that assure high quality development. Complete and Ongoing. Design guidelines are in effect for the Highway 111 area. Specific Plans include separate design guidance approved by the Planning Commission and City Council. Citywide single-family residential design guidelines have been adopted. Policy LU-1.2 All land use decisions shall be consistent with all applicable General Plan policies and programs and shall uphold the rights and needs of property owners as well as those of the general public.Ongoing. Required by law and findings during project approval. Policy LU-1.3 The City Council shall review the City's Sphere of Influence every five years Ongoing. The General Plan was last updated in 2013 and the Sphere of Influence was considered then. No changes in the conditions of the Sphere of Influence have warranted it's review and there are currently no interests in annexation. Policy LU-1.4 No annexation affecting lands in the southern Sphere of Influence (also known as Vista Santa Rosa) shall occur until a Master Plan for this area has been adopted, unless the annexation is required for municipal purposes. No annexations in this area have been proposed since adoption of the General Plan Update. Program LU-1.4a The Master Plan for Vista Santa Rosa will include an active and aggressive community participation program to ensure that community character is reflected in the Plan. No master plan has been initiated due to limited interest by development community for annexation. Program LU-1.4b The Master Plan for Vista Santa Rosa can be initiated by the City or by property owners or developers who are willing to fund the project.No master plan has been initiated. Policy LU-1.5 All annexation applications by land owners shall include fiscal analysis that fully addresses the fiscal impact of the proposed annexation. Subsequently, all annexation applications shall also include a Development Agreement application or mechanism other that demonstrates how the annexation will be revenue neutral or revenue positive for the City. Ongoing. No annexations have been proposed in the City since adoption of the General Plan Update. This policy will be applied to annexation requests. Applicants will be required to submit fiscal analysis and enter into development agreements when annexing properties. If annexation is City initiated, City will obtain fiscal analysis. Goal LU-2 Policy LU-2.1 Changes and variations from the Zoning Ordinance in a Specific Plan will be offset by high quality design, amenities and mix of land uses. Complete and Ongoing, Planned Unit Development (PUD) standards have been codified to further encourage mixed land use development. Encourage applicants to incorporate innovative, high quality design, amenities and mixed land uses in Specific Plans and Amendments. LAND USE Land use compatibility throughout the City. High quality design that complements the City.115 Policy LU-2.2 Specific Plans shall be required for projects proposing the integration of recreation, tourist commercial and residential uses; and for all projects proposing flexible development standards that differ from the Zoning Ordinance. Ongoing. Specific Plans are encouraged by Staff for new development, As an alternative the PUD ordinance has been adopted to allow flexible development standards. Program LU-2.2a Maintain detailed requirements for the preparation of Specific Plans in the Zoning Ordinance Complete. The Zoning ordinance has Specific Plan requirements. Review cases to make sure they are in compliance with Specific Plan requirements in the zoning ordinance. Program LU-2.2b The Planning Director will determine substantial conformance in approved Specific Plans Ongoing. Planning staff reviews cases to determine which are substantially conforming. Design and Development Director has final approval. Program LU-2.2c The Planning Director has the authority to waive the need for a Specific Plan Amendment under the following circumstances: When changes to the land use allocation are less than 5%; When the off-site circulation pattern and turning movements will not be altered by the proposed change; When the change is considered minor in nature and does not conflict with the purpose and intent of the Specific Plan; or When no new land use is proposed. Ongoing and case-by-case. Planning staff reviews cases to determine which need Specific Plan Amendments. Design and Development Director has final approval. Review Specific Plan cases during pre-application reviews to determine if specific plans are necessary. Policy LU-2.3 The City's outdoor lighting ordinance will be maintained. Ongoing. Standards are built into the Zoning ordinance to allow for the lighting ordinance to be maintained. Applicants prepare photometric study to prove compliance as required by application submittal requirements. Policy LU-2.4 Planning for all major community facilities shall carefully consider the potential impacts to adjacent development, particularly residential development.Ongoing. Review of impacts required under CEQA unless exempt. Program LU-2.4a Maintain standards for municipal facilities, utility substations, schools and similar public facilities in the Zoning Ordinance. Complete. Section 13.24.110 of the Municipal Code discusses requirements for utilities, also Chapter 9.90 of the Municipal Code has standards for development of major community facilities. Policy LU-2.5 Public and utility projects shall be subject to the same standards as the development community. Complete. Section 13.24.110 of the Municipal Code discusses requirements for utilities, also Chapter 9.90 of the Municipal Code has standards for development of major community facilities. Policy LU-2.6 Participate in efforts to preserve and protect sensitive resources throughout the City and its Sphere of Influence, in support of the CVMSHCP. Complete and Ongoing. Chapter 3.34 of the Municipal Code includes requirements for paying the local development mitigation fee in support of the CVMSHCP. Also addressed through CEQA process; review of locations of Conservation Areas. Add Conservation Areas on Permit Software mapping app. Program LU-2.6a Maintain and enforce the Hillside Preservation Ordinance Ongoing. Section 9.110.070 has development standards for the Hillside conservation Overlay District in order to preserve hillsides. Add Hillside Conservation Overlay on Permit Software mapping app. Program LU-2.6b Amend the Land Use Map as necessary to ensure the preservation of sensitive resources through the designation of open space. Complete. Open space areas are currently designated on the Zoning and General Plan Land Use Maps. Program LU-2.6c Encourage the use of native landscaping and "links" golf courses that preserve areas of natural terrain and native vegetation. Complete and ongoing. Section 8.13 of the Municipal Code includes regulations for water efficient landscaping which promotes the use of native landscaping. Policy LU-2.47 Continue to include park facilities planning in neighborhood planning efforts Ongoing. Zoning ordinance includes common area open space requirements. Program LU-2.7a Continue to utilize the Quimby Act to charge park fees and allow for park development.Ongoing. Quimby fees are collected prior to final Map recordation. Updated sheet on website with latest population factor reflected from 2010 Census data. Program LU-2.7b Incorporate park planning into annexation studies and annexation community outreach efforts.No annexations have been proposed in the City since adoption of the General Plan Update.116 Goal LU-3 Policy LU-3.1 Encourage the preservation of neighborhood character and assure a consistent and compatible land use pattern. Ongoing. All applications are reviewed for compatibility with neighbors. Findings must also include compatibility. Program LU-3.1a Periodically review land use designations to assure that changes in the community and marketplace are met. Ongoing. Currently, the land use designations are appropriate. Village Build Out Plan completed 2016. Continue researching changes in planning and development, such as changes in recreational preferences of residents and the aging population, and allow for changes in land use designations as necessary. Planning works with City Manager's office regarding Highway 111 land uses. Program LU-3.1b Apply the City's discretionary powers and site development review process consistently to assure that subdivision and development plans are compatible with existing residential areas. Complete and Ongoing. The project review process allows for this. Plan check process to assure plans are following the standards. Policy LU-3.2 Density transfers may occur in Specific Plans when common area amenities and open space are provided.Complete. Currently, Specific Plans allow for a density transfer process. Policy LU-3.3 Maintain residential development standards including setbacks, height, pad elevations and other design and performance standards that assure a high quality of development in the Zoning Ordinance. Complete. Chapters 9.50 and 9.60 of the Municipal Code set forth residential development standards. Plan check process assures plans are following the standards. City-wide residential guidelines approved. Program LU-3.3a Provide incentives in the Zoning Ordinance for creative and high quality development; projects that reduce the dependence on automobiles; projects that incorporate trails and paths for pedestrians and bicycles; and projects that incorporate transit and alternative transportation facilities into their designs. Complete. PUD and Mixed Use standards have been codified to further encourage mixed land use development and to allow for flexible development standards . Goal LU-4 Policy LU-4.1 Encourage compatible development adjacent to existing neighborhoods and infrastructure.Ongoing. All applications are reviewed for compatibility with neighbors. Findings must also include compatibility. Program LU-4.1a Continue to use creative planning techniques, including the merger of small residential lots in the Cove, to encourage development in existing neighborhoods.Case-by-case basis. Policy LU-4.2 Capital improvement projects for developed areas in the City should be of first priority, to encourage infill development. Ongoing. CIP program identifies public projects that are planned for and prioritized by need. Program LU-4.2a Require necessary improvement/extension of intervening roadways and infrastructure to serve new development.Ongoing. Conditions of Approval are the method for instituting this program. Goal LU-5 Policy LU-5.1 Use development incentives to achieve a mix of housing, including affordable housing.Ongoing and case-by-case. Density bonuses, Mixed Use, PUD and SP regulations allow for a mix of housing. Program LU-5.1a Monitor the progress made to achieve Housing Element mandated goals for the provision of housing and consider amendments to the General Plan when necessary to help achieve those goals. Ongoing. Yearly report is prepared evaluating housing in the City. Provide Annual reports to Planning Commission and City Council on progress towards Housing Element goals. Policy LU-5.2 Consider changes in market demand in residential product type to meet the needs of current and future residents. Ongoing. Trends in the market are being followed, such as less younger people are buying homes and are more interested in mixed use type development. Recent residential development modifications for Signature at PGA West, Rancho Santana, Stone Creek, Carmela, and numerous others have been considered and approved based on changing consumer demands. A broad range of housing types and choices for all residents of the City. Safe and identifiable neighborhoods that provide a sense of place. Maintenance and protection of existing neighborhoods.117 Program LU-5.2a Periodically review and update, as needed, the standards of the Zoning Ordinance to allow for changes in residential product types without the need for a Specific Plan. Complete. PUD regulations have been added to the zoning ordinance to promote changes in housing types without going through the Specific Plan process Program LU-5.2b Include detailed residential development standards in the Mixed Use Overlay zoning district.Complete. Section 9.140.090 of the Municipal Code includes regulations for Mixed Use residential development. Goal LU-6 Policy LU-6.1 Commercial land use designations shall allow a full range of retail, office, resort and institutional businesses in the City. Complete. The commercial zones in the City allow for a full range of retail, office, resort and institutional businesses in the City. Program LU-6.1a As part of the update of the Economic Development Plan, review the Land Use Map regularly to assure that sufficient lands are designated for commercial uses which support the needs of the community and surrounding areas. Ongoing. Program LU-6.1b Encourage the integration of a wide range of support services at employment centers, including child care, occupational health, fitness facilities and convenience retail shops. Complete. Mixed use regulations have been added to the zoning ordinance to promote support services. Program LU-6.1c Maintain economic and demographic statistical data and make this data available to the development community and other interested parties. Complete and ongoing. City website has demographic data on it which is available for anyone to view and is updated on a regular basis as information is available. Policy LU-6.2 Maintain commercial development standards in the Zoning Ordinance including set backs, height, pad elevations and other design and performance standards that assure a high quality of development. Complete. Chapters 9.90 and 9.100 include development regulations for commercial development. Policy LU-6.3 Support and encourage the expansion of the resort industry as a key component of the City's economic base. Ongoing. New hotels are proposed for the Silverrock site and Short term vacation rental (STVR) program has been instituted, which collects TOT. A new hotel was constructed on Highway 111. Program LU-6.3a Provide standards for a broad range of tourist commercial land uses in the Zoning Ordinance.Complete. A variety of uses is provided for in Chapter 9.80 of the Municipal Code for tourist commercial development. Policy LU-6.4 Support the development of a broad range of non-polluting, carefully planned industrial uses.Complete. The Commercial Park district of the City allows for light industrial uses. Program LU-6.4a Include provisions for industrial development including development standards, permitted and conditionally permitted land uses in the Zoning Ordinance. Based on demand for industrial development which has been low. Develop new standards for Industrial zoning district upon consideration of a masterplan for the Vista Santa Rosa area. Policy LU-6.5 Industrial lands shall be located along major transportation corridors, and in areas that maximize all available infrastructure.Complete. Land Use map is consistent with this. Policy LU-6.6 Encourage the development of vocation and technical programs in the educational system to help the industrial sector find qualified local employees.No activity, limited demand in the City for industrial uses. Policy LU-6.7 Consider the airport Master Plan in all development proposals adjacent to the Jacqueline Cochran Airport.Ongoing. Required by law. Program LU-6.7a Standards for development adjacent to airports shall be developed which maximize the need for public safety. No activity. The Airport Land Use Commission has development regulations in place to accommodate public safety. This will be necessary for future projects in the Sphere of Influence adjacent to the Jacqueline Cochran Airport. A balanced and varied economic base which provides a broad range of goods and services to the City's residents and the regio 118 Program LU-6.7b Projects located within the influence area of the Airport's Land Use Plan will include review and analysis of their conformance with the Land Use Plan in their application submittal. Ongoing. Projects sent to the ALUC if within a protection zone within the airport land use plan. Goal LU-7 Policy LU-7.1 Encourage the use of mixed use development in appropriate locations.Ongoing and case-by-case. Program LU-7.1a Establish a Mixed Use Overlay for all the commercial zoning designations.Complete. Mixed Use Overlay adopted in 2016. Policy LU-7.2 Mixed Use developments within 300 feet of Highway 111 must include retail commercial development for at least 75% of the ground floor leasable area.Complete. Included in 2016 zoning update. Policy LU-7.3 Encourage the use of vacant pads in existing commercial development on Highway 111 for residential use. Ongoing and case-by-case basis. Highway 111 Corridor Plan contains implementation strategies to encourage this. Program LU-7.3a Amend the Zoning Ordinance to include standards for high density residential development within commercial zones.Complete. Added in 2016. Policy LU-7.4 Develop incentives for Mixed Use projects.Complete. Added with Mixed Use Overlay in 2016. Program LU-7.4a Consider density bonuses, modified parking requirements, expedited entitlement and building permit processing and fee waivers for Mixed Use projects.Complete. Added with Mixed Use Overlay in 2016. Policy LU-7.5 Develop a Master Non-Motorized Transportation Plan for the Village. Complete and Ongoing. Complete Street improvements are constructed which include installing roundabouts, sidewalks, mid-block crossings and drainage improvements. Policy LU-7.6 Review and amend, as necessary, the Village Design Guidelines to allow maximum flexibility for Mixed Use projects. Complete. Village Design Guidelines were rescinded to allow more flexibility in design in the Village. Mixed Use Overlay standards apply to the Village Commercial District. Policy LU-7.7 Continue to allow off-site parking through the payment of in lieu fees in the Village, as well as other creative parking alternatives. Complete. Parking studies in the Village are conducted on a semi-annual basis to determine parking needs. Flexible standards added to zoning ordinance in 2016. Program LU-7.7a Plan for and fund a City parking structure in the Capital Improvement Program.Complete. Included in Capital Improvement Program (CIP). Policy LU-7.8 Encourage the expansion of transit service to meet commuter needs.Staff works with Sunline during project review process. Program LU-7.8a Expand transit opportunities on Highway 111 and to the Village to allow a broad range of services (including special event shuttle services).Coordinate with Sunline during Highway 111 and Village PAT discussions. Innovative land uses in the Village and on Highway 111.119 Policy/Program Description Status Goal CIR-1 Policy CIR-1.1 Maintain and regularly update a complete General Plan masterplan of roads, which includes provisions for as many modes of travel as possible.Complete and Ongoing. Currently in General Plan Program CIR-1.1.a Annual Monitoring of the roadway network, maintain a CIP Ongoing. New 5yr CIP approved in 2021. Program CIR-1.1.b Establish and maintain a roadway pavement program (PMP) with timelines and schedules for maintenance of existing roads and establish funding levels each fiscal year.Ongoing. Finalized 2021 PMP Update Program CIR-1.1.c The General Plan Traffic Impact Analysis and associated modeling shall be updated every two years or as determined appropriate by the City Engineer. No Activity. Update of traffic model has not occurred since 2012. Not needed at this time. Policy CIR-1.2 General plan street classifications- Highway 111, Major Arterial, Primary Arterial, Secondary Arterial, Modified Secondary, Collector Complete. Currently in General Plan Policy CIR-1.3 PW standard plans setting forth roadway standards and specs shall be updated and maintained for ROW, lane dimensions and multi-use path design Complete and Ongoing. Engineering Bulletins and Standards. VMT criteria adoted June 2020 was added Policy CIR-1.4 PW director authorized to make consistency findings to permit modifications that do not compromise operational capacity of subject roadway or intersections Ongoing and Case-by-Case Policy CIR-1.5 Where the construction of multi-use paths is called for but is determined to be infeasible sidewalks shall be constructed along at least one side of these roadways. Ongoing. Implemented on a case by case basis and based on roadway improvements and available right of way Policy CIR-1.6 Maintain LOS-D, unless infeasible and/or conflict with other goals.Ongoing. City enforces this standard for development Policy CIR-1.7 Allow flexible LOS standards in recognition of constraints on roadway expansion and as a means of creating streets that balance all modes of travel.Case-by-Case. At times this is permitted. Policy CIR-1.8 LOS E and F conditions may be determined acceptable during peak travel periods and a level of service exemption or GP consistency determination may be approved if other feasible roadway improvements can be constructed and/or management programs implemented that mitigate for the loss and achieve acceptable LOS. Exemptions shall not affect the implementation of previously approved roadway and intersection improvements. Case-by-Case. At times this is permitted. Policy CIR-1.9 Coordinate and cooperate with Caltrans, CVAG, Riverside County and adjoining cities to assure adequate transportation infrastructure, systems management coordination, preservation of capacity and maximized efficiency along Washington Street, Jefferson Street, Highway 111, Fred Waring Drive, Harrison Street and other major roadways. Ongoing. Consultant traffic engineer cooperates with adjoining agencies, signal timing and other concerns. Street improvement projects between jurisdictions. Program 1.9.a Maintain a liaison with adjoining cities, Caltrans, CVAG Riverside County planning and engineering staff to study and implement effective means of preserving and improving capacity along Washington Street, Jefferson Street, Highway 111, Harrison Street and other major roadways serving inter-city traffic. Strategies shall include but are not limited to synchronized signalization, consolidation of access drived and restriction of access, construction of additional travel and turning lanes, raised median islands, and other improvements to critical intersections. Ongoing. Consultant traffic engineer cooperates with adjoining agencies, signal timing and other concerns. Street improvement projects between jurisdictions. Policy CIR-1.10 Establish and maintain minimum standards of roadway geometries, points of access and other improvements that facilitate movement of traffic onto and off of the roadway network.Complete and ongoing. City implements these standards. Program CIR-1.10.a Review new and redeveloping projects along all major roadways with the intent of limiting access and aligning and/or consolidating access drives in a manner which minimizes conflicting turning movements and maximizes the use of existing and planned signalized intersections. Ongoing. Currently achieved with development review. CIRCULATION A transportation and circulation network that efficiently, safely and economically moves people, vehicles, and goods using facilities that meet current demands and projected needs of the City.120 Program CIR-1.10.b On Major Arterials the minimum intersection spacing shall be 2,600 feet in residential areas, and may be 1,060 feet for commercial frontage. Intersection spacing may be reduced to 500 feet at the Whitewater Channel and La Quinta Evacuation Channel. The design speed shall be 55 miles per hour (mph). Left turn median cuts may be authorized if the proposed turn pocket does not interfere with other existing or planned left turn pockets. Right in/right out access driveways shall exceed the following minimum separation distances (in all cases, distances shall be measured between the curb returns: More than 250 feet on the approach left to a full turn; more than 150 feet on the exit leg from a full turn intersection; more than 275 feet between driveways. All access configurations shall be subject to City Engineer review and approval. Ongoing. Currently achieved with development review. Program CIR-1.10.c On Primary Arterials the minimum intersection spacing shall be 1,060 feet. The design speed shall be 45 mph. Left turn median cuts may be authorized if the proposed turn pocket does not interfere with other existing or planned left turn pockets. Right in/right out access driveways shall exceed the following minimum separation distances (in all cases, distances shall be measured between curb returns): More than 250 feet on the approach leg to a full turn intersection; More than 150 feet on the exit leg from a full turn intersection; More than 275 feet between driveways. All access configuration shall require City Engineer review and approval. Ongoing. Implemented with development projects during development review. Program CIR-1.10.d On Calle Tampico, between Eisenhower Drive and Washington, and on Eisenhower Drive, between Calle Tampico and Avenida Bermudas, full turn intersections may be permitted at a minimum distance of 500 feet, if the intersection complies with an approved Corridor Signal Plan. Ongoing. Implemented with development projects during development review. Program CIR-1.10.e On Secondary Arterials, the minimum intersection spacing shall be 600 feet. The design speed shall be 40 mph. Full access to adjoining property shall be avoided and shall exceed the following minimum separation distances (in all cases, distances shall be measured between curb returns): More than 250 feet on the approach leg to a full turn intersection; More than 150 feet on the exit leg from a full turn intersection; more than 250 feet between driveways. Ongoing. Implemented with development projects during development review. Program CIR-1.10.f On Collectors, the minimum intersection spacing shall be 300 feet. The design speed shall be 30 mph. Access driveways shall exceed there following minimum separation distances (in all cases, distances shall be measured between the curb returns): -More than 250 feet on the approach leg to a full turn intersection; - more than 150 feet on the exit leg from a full turn intersection; -more than 250 feet between driveways. Ongoing. Implemented with development projects during development review. Program CIR-1.10g On Local streets, the minimum intersection spacing shall be 250 feet. The design speed shall be 25 mph. All access configurations shall be subject to City Engineer review and approval. Ongoing. Implemented with development projects during development review. Program CIR-1.10h Within subdivisions, private streets may be designed to provide a reduced minimum paved width of 28 feet with no on-street or restricted on-street parking, subject to City Engineer and Fire Department approval, and in consideration of other improvements that encourage pedestrian and bicycle use. Ongoing. Implemented with development projects during development review. Program CIR-1.10.i Standards for all City streets, intersections and other appurtenances shall be maintained in the City Municipal Code.Complete. Maintained in the LQMC Program CIR-1.10.j The City Engineer shall establish and maintain a traffic-calming program that details acceptable traffic calming devices or concepts in residential neighborhoods. The City may review and finalize the 2008 "Neighborhood Traffic Management Program" for this purpose. No official program in place, however, individual projects may implement traffic-calming strategies. Program CIR-1.10.k Confer and coordinate with CVAG in efforts to secure state and federal funding sources for preservation and expansion of capacity on State Highway 111 and other important City arterials.Ongoing. Done as part of Capital Improvement Program (CIP) Program CIR-1.10.l New streets, which are extensions of existing streets, shall carry the same name for their entire length.Ongoing. As needed for development projects Policy CIR-1.11 Apply Transportation Systems Management (TSM) strategies to intersections and roadway segments as a cost-effective means of optimizing the City's transportation infrastructure.Ongoing. Done as part of Capital Improvement Program (CIP) Program CIR-1.11.a Prepare a preliminary TSM assessment of candidate intersections and roadways, and prioritize projects for application of TSM solutions.Ongoing. Done as part of Capital Improvement Program (CIP)121 Program CIR-1.11.b As part of the five-year Capital Improvement Program, incorporate TSM projects into other roadway improvements and enhancement projects.Ongoing. Done as part of Capital Improvement Program (CIP) Program CIR-1.11.c Prepare project-specific TSM strategies that take advantage of simply and low-cost solutions first, and optimize the hierarchy of TSM solutions.Ongoing. Incorporated into City's practice Policy CIR-1.12 As a means of reducing vehicular traffic on major roadways and to reduce vehicle miles traveled by traffic originating in the City, the City shall pursue development of a land use pattern that maximizes interactions between adjacent or nearby land uses. Ongoing. Encouraged during development review process. Program CIR-1.12.a Locate land uses that provide jobs and housing near each other to allow the use of alternative modes of travel and produce shorter work commutes. Complete. General Plan identifies land use. Mixed Use overlay in place to encourage this. As of June 2020, city has a VMT policy Program CIR-1.12.b Encourage, and where appropriate require, mixed-use and contiguous commercial development to provide optimum internal connections between uses.Case-by-Case Program CIR-1.12.c New development shall provide pedestrian and bicycle connections to adjacent streets, and assure that infrastructure and amenities accommodate pedestrian and bicycle use.Ongoing and reviewed as part of development project review. Program CIR-1.12.d Update and facilitate use of the City's home occupation ordinance as a means of reducing the need for travel.Home Occupation ordinance in effect and currently being used. Program CIR-1.12.e Encourage major employers to evaluate telecommuting opportunities, either home-based or at local centers as well as part-time options for employees.No activity. Policy CIR-1.13 Coordinate with the Coachella Valley Water District and its consultants regarding its flood control facilities to assure the accommodation of all-weather crossings along critical roadways.Ongoing. Plans for such facilities incorporated within CIP Program CIR-1.13.a Cooperate in the planning and development of all-weather crossing as part of the community's Master Drainage Plan implementation.Ongoing. Incorporated within CIP Policy CIR-1.14 Private streets shall be developed in accordance with development of all-weather crossings as part of the community's Master Drainage Plan implementation.Case-by-case Program CIR-1.14.a Private street shall be developed in accordance with development standards set forth in the Municipal Code, relevant Public Works Bulletins and other applicable standards and guidelines.Ongoing. Enforced during development review process. Policy CIR-1.15 Truck routes shall avoid or minimize potential impacts to residential neighborhoods shall be designated and limited to those shown on Exhibit 11-5.Ongoing. Truck Route Map enforced, permits need for oversized loads. Policy CIR-1.16 Continue to implement the Image Corridor treatments throughout the City (See Exhibit 11-4) and identify new image corridors for streets brought into the City through annexation.Ongoing and case-by-case. Implemented on a project by project basis Program CIR-1.16.a Standards for all Image Corridor shall be maintained in the City Municipal Code.Ongoing. Projects reviewed for General Plan Consistency by Staff, Planning Commission and Council. Program CIR-1.16.b Where applicable, Image Corridor standards shall be superseded by the Village Design Standards in that land designation.Village Design Guidelines rescinded. Image Corridor standards apply. Program CIR-1.16.c.Secure easements adjacent to public road right-of-way along Image Corridors to enhance view protection and corridor accessibility.Not actively securing easements but setbacks are enforced. Policy CIR-1.17 In order to preserve the aesthetic values on the City's streets, optimum landscape setbacks shall be maintained along all designated General Plan Image Corridors and shall be identified in the City's Municipal Code. Complete. Currently in LQMC and enforced Policy CIR-1.18 Calle Cadiz, Calle Barcelona and Calle Amigo, in the Village area, shall be allowed to remain at a maximum 50-foot right-of-way.Complete Policy CIR-1.19 The City Engineer shall review individual development proposals located at critical intersections, and shall have the authority to request additional right-of-way if necessary.Case-by-case Policy CIR-1.20 Building height limits along City Image Corridors shall be identified in the City's Municipal Code.Complete 122 Policy CIR-1.21 Facilitate the design, installation and maintenance of a community locational/directional sign program to efficiently direct traffic to high use areas, including the civic center, parks, SilverRock golf course, Jacqueline Cochran Regional Airport, and other facilities and major attractions and destinations in and around the City. Complete. Wayfinding signs installed. Policy CIR-1.22 Coordinate and cooperate with the Riverside County Airport Commission (for the Jacqueline Cochran Airport) and the Palm Springs Regional Airport Authority to assure these airports continue to meet the City's existing and future transportation, commercial and emergency response needs. Complete and Ongoing. Representation by Council and resident representative on airport committees Program 1.22.a Consult and coordinate with the County in updating the Jacqueline Cochran Regional airport Master Plan and encourage the expansion of facilities to accommodate commercial aircraft serving the eastern portions of the Valley. Ongoing. Councilmember sits on the Jacqueline Cochran regional airport authority- JPA. Goal CIR-2 Policy CIR-2.1 Encourage and cooperate with Sunline Transit Agency on the expansion of routes, facilities, services and ridership especially in congested areas and those with high levels of employment and commercial services, and encourage the use of most energy efficient and least polluting transportation technologies. Ongoing. Council person on Sunline Board; Done with development projects. Program CIR-2.1.a Consult and coordinate with Sunline Transit Agency on immediate and long-term transit issues, and assure pro active representation on the Agency Board and its decision making process. Ongoing. Council person on Sunline Board; accomplished during development review of development projects. Program CIR-2.1.b Initiate consultation and as necessary meet with Sunline staff to identify areas where additional routes and increased levels and types of transit service are warranted by existing and future development.Ongoing. Coordinated through the development review process. Program CIR-2.1.c When reviewing development proposals, consult and coordinate with SunLine and solicit comments and suggestions on how bus stops and other public transit facilities and design concepts, including enhanced handicapped access should be integrated into project designs. Ongoing. Coordinated through the development review process. Program CIR-2.1.d When reviewing large-scale development proposals, consult and coordinate with Sunline to encourage the development of rideshare and other alternative, high occupancy transit programs for employers with sufficient numbers of employees. Ongoing. Coordinated through the development review process. Program CIR-2.1.e Encourage and proactively support the efforts of SunLine in organizing a Transportation Management Organization (TMO) among employers to provide an on-going information network, develop a rideshare plan, and determine opportunities for transit/shuttle operations. Ongoing. Information network coordinated by City of La Quinta Human Resources with Sunline for city employees. Program CIR-2.1.f Encourage SunLine to continue its efforts to utilize the most energy efficient and least polluting transportation technologies, including fuel cells, hybrid and other advanced technologies. Ongoing. Councilperson on Sunline Board has authority to advocate for this program. Policy CIR-2.2 Encourage reduction of greenhouse has (GHG) emission by reducing vehicle miles traveled and vehicle hours of delay by increasing or encouraging the use of alternative modes and transportation technologies, and implement and manage a hierarchy of Complete Street multimodal transportation infrastructure and programs to deliver improved mobility and reduce GHG emissions. Complete and ongoing. City has created complete streets and trails, bikability plans. City expanding guidelines/critera for building of master plan for golf carts on city streets A circulation system that promotes and enhances transit, alternative vehicle, bicycle and pedestrian networks.123 Program CIR-2.2.a Create an interconnected transportation system that allows a shift in travel from private passenger vehicles to alternative modes, including public transit, golf carts/NEVs, ride-sharing, bicycling, bicycle-sharing, and walking. To the extent practicable apply the following: a. Ensure transportation centers that are multimodal, facilitate changes in travel modes, and are conveniently located. Convenient locations may be in the vicinities of: 1. Washington/Fred Waring/Via Sevilla 2. Miles/Adams 3 Adams/111/47th 4. 47th/Caleo Bay 5. Washington/ Calle Tampico 6. Eisenhower/Avenida Montezuma b. Support SunLine bus routes and service, to include Bus Rapid Transit (BRT) along Highway 111 and along Harrison Avenue. c. Expand golf cart/NEV routes, and bicycle routes to connect residential and activity centers with transportation centers. d. Support and encourage community car-sharing to provide "station cars" and/or golf carts/NEVs for short trips to/from transit centers. e. Include parking spaces for car-share vehicles at convenient locations accessible to public transit. f. Ensure transit stops are safe and sheltered, with adequate seating, lighting, trash receptacles, cleaning and maintenance. g. Implement transit-preferential measures such as transit signal priority and bypass lanes. h. Support "Smart bus" technology, using GPS and electronic displays at transit stops to provide customers with "real-time" arrival and departure time information. i. Implement bicycle- preferential measures such as deployment of video detection at traffic signals, and development of bicycle stations at transportation centers. k. Adopt bicycle parking standards that accommodate at least 5% of project parking demand at all public and commercial facilities. l. Conduct bicycle and pedestrian safety educational program to teach drivers, riders, and walkers the laws, riding protocols, routes, safety tips, and "healthy community" benefits Ongoing. Working with CVAG and other agencies to implement. Adding bike lane markings during slurry seal projects. City expanding golf cart/NEV routes and bicycle routes to connect residential and activity centers with road and restriping projects Program CIR-22.b Modify the Zoning Ordinance to encourage integrated, shared and reciprocal parking design and management as a means of better matching parking availability with varying parking demand distributed during the day. Complete. Zoning Ordinance allows shared parking but does not include guidance for reciprocal parking design. Reviewed on a case-by-case basis with design review. Program CIR-2.2.c The City's Zoning Ordinance shall be amended to specifically address vehicular and pedestrian interconnection between adjacent commercial properties in order to facilitate access between adjacent or nearby businesses and increase efficiency and safety. Zoning Ordinance amendments shall also address opportunities to provide direct pedestrian access between commercial and adjacent residential development. Zoning ordinance only provided provisions for connectivity in mixed use overlay projects. However, staff reviews on a case-by-case basis and encourages connectivity where possible. Program CIR-2.2.d Promote ridesharing programs that shift demand to the greatest available source of unused travel capacity - empty seats in private vehicles. Require the designation of parking spaces for ride-sharing vehicles at employment and activity centers in conditions of approval. Ongoing. The Human Resources Division coordinates potential ridesharing opportunities for city employees with SunLine. Program CIR-2.2.e Adopt a comprehensive parking policy that encourages the use of alternative transportation, including requiring new commercial and retail developments to provide preferred parking for electric vehicles and vehicles using alternative fuels. Building code requires spaces to be marked for Clean Air Vehicles and to be built for electric vehicle charging capacity. City will continue to follow guidance of California Building Code (CBC) in requirements for alternative parking Program CIR-22.f Modify the Zoning Ordinance to incorporate parking space maximums.Complete. Implemented with 2017 Zoning Text Amendments. Program CIR-22.g Modify the Zoning Ordinance to recognize and provide a parking credit program for developments that provide spaces and facilities for golf carts, NEVs and bicycles. Complete and ongoing. Parking credit program in mixed use overlay develop a credit program for other developments and include in Municipal Code. Program CIR-2.2.h During consideration of the Zoning Ordinance updates, explore opportunities for Transit Oriented Development Overlay Zones within one-quarter mile radii of intersections where existing or future bus lines intersect, including at Highway 111/Adams and Highway 111/Harrison Street. Complete. Mixed Use Overlay adoption in 2016. Policy CIR-2.3 Develop and encourage the use of continuous and convenient pedestrian and bicycle routes and multi-use paths to places of employment, recreation, shopping, schools, and other high activity areas with potential for increased pedestrian, bicycle, golf cart/NEV modes of travel Case-by-case. City coordinates with CVAG for development of the CVLINK and Avenue 48 and Music Line Program CIR-2.3.a Maintain and periodically update the Circulation element master plan of bikeways, golf cart routes and multi- use paths, and develop or require the development of secure bicycle and golf cart/NEV storage facilities, and other supporting facilities which increase bicycle and golf cart/NEV use. Ongoing. City recently updated golf cart/NEV map and corresponding municipal code section. Program CIR-2.3.b The construction of bikeways shall conform to the Caltrans manual "Planning and Design Criteria for Bikeways in California." Bikeways shall be a minimum of 6 feet in width. Alternative designs required by constraints may be acceptable, as approved by the Public Works Director. Ongoing. Staff ensures conformance based on new and planned bikeways.124 Program CIR-2.3.c Sidewalks shall be provided on both sides of all arterial, secondary and collector streets, except where there is a multi-use path on one side.Complete. This is the current standard enforced. Program CIR-2.3.d Golf carts shall be permitted on designated routes, as depicted in Exhibit II-7 and Exhibit II-8, and on all public local streets. Specific street crossings for golf carts from the cove onto collector and arterials shall be designated by the City Engineer. Complete. Signs identify golf cart access on arterial streets with 8 ft bike lanes Policy CIR-2.4 The City shall set an example for the community in the implementation of ridesharing programs and those that encourage the use of alternative modes of travel by City employees. Ongoing. The Human Resources Division coordinates potential ridesharing opportunities for city employees with SunLine. Program CIR-2.4.a To the extent practical, prepare and implement a ridesharing plan for City employees to serve as an example for area employers. This plan should include meaningful incentives for employees to walk, bike, or rideshare to complete their work commutes. Ongoing. The Human Resources Division coordinates potential ridesharing opportunities for city employees with SunLine. No incentives available.125 Policy/Program Description Status Goal SC-1 Policy SC-1.1 Continue to work with the CVWD on water conservation measures.Ongoing. Regular contact with CVWD applications and landscape plans routed to CVWD for plan check Program SC-1.1a Review the Landscape Ordinance every two years, and update as necessary to maintain consistency with State and CVWD standards. Complete. Currently the landscape ordinance is in compliance with CVWD and State standards. It is also reported to the state annually. Program SC-1.1b Develop joint incentive programs with CVWD for water conservation programs, including landscaping retrofits for individual homes and master planned projects, irrigation improvements and indoor plumbing fixtures. Consider allocating City funds to these incentive programs on a matching basis with CVWD. No activity. Policy SC-1.2 Reduce water consumption at a minimum consistent with the Greenhouse Gas Reduction Plan (also see Air Quality Element).No activity. Review GHG plan to assure water consumption reduction is consistent. Program SC-1.2a Implement quantifiable water conservation measures at all City facilities.Ongoing. City hall currently implements low flow fixtures in all areas that use water. Program SC-1.2b Consider financial incentives for new development and existing homes and projects as funds allow.Complete and ongoing. Incentives are included in the Mixed Use Zoning Overlay Program SC-1.2c Aggressively pursue grants and other outside funding sources for City-funded and private sector water conservation improvements.No activity. Policy SC-1.3 Encourage the use of more environmentally friendly storm water management techniques such as bioswales, permeable surfaces and other methods as they are developed, in all new development. Ongoing. Currently the design and development department reviews this in design review or pre application reviews Program SC-1.3a The Public Works Department shall prepare and distribute materials on environmentally friendly storm water management techniques for new development.Ongoing. Handouts displayed and provided at the Hub Policy SC-1.4 Reduce Greenhouse Gas emissions at a minimum consistent with the Greenhouse Gas Reduction Plan (also see Air Quality element). No activity. Encourage applicants to incorporate energy saving measures, solar planels into developments Program SC-1.4a Require all new development proposals to demonstrate consistency with the Greenhouse Gas Reduction Plan.No activity. Add requirement to application submittal. Program SC-1.4b Revise the Transportation Demand Ordinance to current standards, and implement it with all new qualifying projects.Complete. Included in Zoning Code update 2017 Program SC-1.4c Develop programs to encourage and incentivize the installation of energy efficient appliances and fixtures, green roofs, white roofs and solar panels on residential, commercial, institutional and resort buildings. No activity. Since IID is the electricity provider, they have incentives for energy efficiency for buildings Policy SC-1.5 All new development shall include resource efficient development principles.Ongoing. Design and Development encourages energy efficiency in design with applications Program SC-1.5a All new development shall be constructed to meet or exceed Cal Green Building Codes.Ongoing. The Building division staff plan checks for developments to meet Title 24 codes. 2019 Cal Green Code adopted. Program SC-1.5b Amend the Zoning Ordinance to provide incentives and development standard concessions for mixed use or energy efficient design. Complete. PUD ordinance and Mixed Use Overlay was passed to allow for more mixed use projects. Program SC-1.5c New development projects shall include vehicular, pedestrian and bicycle connections to the greatest extent possible, both through the project and connecting adjacent projects. Ongoing. Encouraged during initial submittals and checked via plan check on a project by project basis LIVEABLE COMMUNITY A community that provides the best possible quality of life for all its residents.126 Program SC-1.5d New commercial and mixed use projects shall incorporate useable public spaces, and interconnect those public spaces consistent with resource efficient design principles. Ongoing. Encouraged during initial submittals and checked via plan check on a project by project basis Policy SC-1.6 Expand the City's alternative transportation network. Ongoing. Planning and Engineering Services consistently working towards expanding alternative transportation network. Currently golf cart and bike routes are marked with special markings to alert residents of interconnecting routes. Prepare for autonomous vehicles and Citywide Active Transportation Plan. Program SC-1.6a Assess the current gaps in the City's multi-use path and sidewalk system, and program improvements to connect those gaps into the Capital Improvement Program.Ongoing. City Council includes $25,000 in yearly budget for sidewalks including gaps Program SC-1.6b Encourage existing walled communities to include pedestrian gates and paths to adjacent development to improve connectivity.No activity. Program SC-1.6c Expand the Golf Cart Routes to interconnect throughout the City to the greatest extent possible.Completed. Staff updated the City's Golf Cart Map in late 2020. Program SC-1.6d Work with SunLine Transit Agency to expand service into La Quinta neighborhoods ahead of demand. Ongoing. Interagency review required during development review process with Sunline to determine where service is needed Policy SC-1.7 Encourage the retrofitting of existing buildings and projects with resource efficient design principles to the greatest extent possible.Ongoing and case-by-case Program 1.7a Amend the Zoning Ordinance to provide incentives for the redevelopment of existing projects to include residential development, pedestrian and other design features. Complete. Planned Unit Development (PUD) ordinance and Mixed Use Overlay was passed to allow for more mixed use projects. Program 1.7b Develop an enhanced program for the processing of entitlements for redevelopment projects which incorporates substantial resource efficient components, or propose conservers ion to mixed use. No activity. Identify potential code amendments that would allow faster development review process. Program 1.74c Develop a financial incentive program for creative redevelopment of commercial projects into mixed use projects, particularly those that provide added economic development to the City. Complete and Ongoing. PUD ordinance and Mixed Use Overlay was passed to allow for more mixed use projects. Limitations to financial incentives due to loss of redevelopment. Policy SC-1.8 Expand the City's participation in Healthy City programs.Ongoing. Wellness center has programs available for residents Program SC 1.8a Implement Healthy City principles throughout the community, to the greatest extent feasible. Ongoing. Maintenance and expansion of bicycle infrastructure. Village Active Transportation improvements currently constructed. City provides guides for trails and City park facilities. City provides reduces rebates for Fritz Burns pool and SilverRock golf course to residents. Prepare Citywide Active Transportation Plan. Program SC 1.8b Coordinate park and trail improvement plans to assure connectivity between parks and the neighborhoods they serve.Ongoing. Facilities Department reviews park and trail plans on a monthly basis. Program SC-1.8c Encourage farmers' markets outside the Village, accessible to all parts of the City. No activity. Work with the existing certified farmer's market and Community Resources Department on other opportunities for farmer's market. Delays due to COVID-19 on this outreach. Program SC-1.8.d Plan and implement a community garden project at the Civic Center. Monitor its success, and implement at other City parks if successful. Ongoing. wellness center has a community garden available for residents. Monitor the success of the community garden work with Riv Co Resource Conservation District Program SC-1.8e Work with Desert Sands and Coachella Valley school districts to improve food selection in lunch programs, exercise programs, and Safe Routes to School programs.No activity. Work with community resources for outreach programs.127 Policy/Programs Description Status Goal ED-1 Policy ED-1.1 The Land Use Element shall maintain a balance of land use designations to address economic needs, meet market demand, and assure a wide range of development opportunities. Complete and Ongoing. General Plan Map adopted with General Plan Update in 2013. City considers proposed changes to General Plan land use map with development projects on a case-by-case basis. Program ED-1.1.a Use the City's GIS capabilities to annually monitor the remaining capacity of vacant and under-utilized lands to assure that sufficient inventory exists to address market needs. Ongoing. Planning maintains GIS database and coordinates with the City Manager's office on mapping needs. Program ED-1.1.b Development proposal review for commercial development shall include consideration of the proposal's compatibility with surrounding existing uses, its efficient and revenue- generating use of the land, and its compatibility with the City's Economic Development Plan Ongoing. Staff, Planning Commission, and Council review development proposals and are required to make findings regarding compatibility with surrounding uses. The City Manager's office analyzes new commercial development proposals. There is no updated Economic Development Plan. Policy ED-1.2 Support and assist in the retention of existing businesses, and the recruitment of new businesses. Ongoing. City Manager's office conducts regular business outreach and marketing assistance. There are limited resources to assist existing and new businesses due to elimination of redevelopment. Program ED-1.2.a Continue to annually update and implement the City's Economic Development Plan Not updated. Program ED-1.2.b Participate, where feasible and justifiable, in public/private partnership or other means for the retention of existing businesses, and the development of new projects which generate significant economic activity. Ongoing. Public/private partnership occur on a case-by-case basis. During the State mandated business shutdown, the City worked with private businesses on financial assistance along with Al Fresco program to operate outdoors. Program ED-1.2.c Focus marketing and publicity efforts on the commercial and resort sectors, as revenue generation sources. Ongoing. City Manager's office coordinates with businesses and resorts on marketing and publicity. Program ED-1.2.d Every five years, in the Economic Development Plan, complete an analysis of existing commercial projects to identify under-performing locations, and develop strategies and public/private partnership to improve or redevelop these projects. Ongoing. Monitoring of existing commercial projects and underperforming locations conducted by City Manager's office. Program ED-1.2.e Establish a program to regularly monitor City costs and revenues based on existing development and projected development allowed under the Land Use Map. Consider amendments to the Land Use Map to increase revenue generation potential, based on the cost revenue analysis and sound economic forecasting. No cost revenue analysis or economic forecasting program established. The City has adopted a Mixed use Overlay to increase revenue generation potential. Program ED-1.2.f Improve and enhance the City's application process for commercial development proposals Complete and Ongoing. Planning applications have been streamlined. Other streamline efforts that benefit commercial development proposals include the 2016 Development Code Tune Up and subsequent yearly updates. The City adopted the Village Build Out Plan EIR to streamline environmental review of development projects. City is entering its fifth year of implementing full online entitlement process and enocurages developments to be submitted online. ECONOMIC DEVELOPMENT A balanced and varied economic base which provides fiscal stability to the City, and a broad ranger of goods and services to its residents and the region 128 Policy ED-1.3 Encourage the expansion of the Village as a specialty retail, dining, and residential destination. Ongoing. The City Manager's office markets city owned properties for future development. The City adopted the Village Build Out Plan EIR to streamline environmental review of development projects. The City adopted Village Code amendments that allow for a reduction of on-site parking on a case-by-case basis. Program ED-1.3.a: Maintain, in the Zoning Ordinance, standards and guidelines that encourage the development of a pedestrian-friendly, interconnected neighborhoods with a balance of residential and commercial development Complete and Ongoing. A Zoning Consistency Analysis was performed and the Zoning Map has been brought into compliance with the General Plan map. The Zoning Code includes standards for pedestrian friendly interconnected neighborhoods. Program ED-1.3.b Include the Village in the Mixed Use Overlay in the Zoning Ordinance Complete. Mixed Use Overlay adopted and includes the Village Commercial Zoning District. Program ED-1.3.c Continue to sponsor and support special events in the Village and at the Civic Center, as a means of attracting visitors to the area. Ongoing. The City leads or supports Village events on a regular basis. 2017 events include Art on Main, Brew in LQ, and Village Make. 2019 events included Tacos and Tequila, farmers market, Art on Main, and Art Festival. Events during 2020 were not able to occur, outside of the art festival in the Village. Policy ED-1.4 Support and facilitate the reuse and redevelopment of commercial projects on Highway 111 Ongoing. Staff coordinate with the auto dealerships on landscape and signage improvements. The Mixed Use Overlay was adopted that provides opportunities for redevelopment with a combination of commercial and residential. The City conducted and completed a visioning effort for the Highway 111 corridor. City recently sold Highway 111 City property to Residence Inn by Marriott, which was entitled and currently constructed and operational. Program ED-1.4.a As provided in the Land Use Element establish comprehensive standards for Mixed Use development in commercial zones. Complete. A Mixed Use Overlay was adopted in 2016 for all commercial districts. Program ED-1.4.b Development proposals for the reuse and redevelopment of existing projects shall be encouraged to implement creative design, include pedestrian access, and facilitate transit and alternative transportation. Ongoing. Planning staff encourages creative designs, pedestrian access and alternative transportation for all development projects. The Mixed Use Overlay encourages these design elements for potential projects. Policy Ed-1.5 Projects proposed on commercial land shall be evaluated for their job creating and revenue generating potential. Ongoing. City Manager's office requests fiscal analysis for proposed commercial developments and Staff considers job creating and revenue generation during entitlement findings. Program ED-1.5.a The City may require the preparation of fiscal impact analyses for commercial projects when deemed appropriate in the application review process. Ongoing. Staff will require fiscal impact analyses when deemed appropriate for commercial projects. Policy ED-1.6 Assure that all revenues due to the City are collected Ongoing. The Finance Department requires that all revenue due to the City are collected. The Finance Department currently working to ensure residential development projects that require remitting mitigation payment to the City are doing so. Program ED-1.6.a Establish and maintain a comprehensive program to enforce the payment of transient occupancy tax, sales tax, and other fees and licenses to the City. Ongoing. The City ensures collection of payments due to the City. The City has an existing professional contract to ensure homes used for short term rentals are licensed and operate in compliance with the City's short term rental requirements. Policy ED-1.7 All annexation applications by land owners shall include a fiscal analysis that fully addresses the fiscal impacts of the proposed annexation. Subsequently, all annexation applications shall also include a Development Agreement application or other mechanism that demonstrates how the annexation will be revenue neutral or revenue positive for the City. Ongoing. This policy will be applied with annexation requests. There are currently no annexation requests and limited inquiries to the City. 129 Policy ED-.18 Aggressively lobby for the passage of legislation that restores redevelopment funds to local jurisdictions, or provides other equivalent economic development tools Ongoing. The City has an existing contract with a lobbyist consistent with this policy. Goal ED-2 Policy Ed-2.1 Actively pursue the build out of the SilverRock Resort Ongoing. Purchase and Sale Agreement executed with the SilverRock Development Company for development of the SilverRock Resort. Site Development Permits have been approved for the 140 room Montage hotel, 200 room Pendry hotel, Golf Course Clubhouse, 10 golf villas, 29 Montage braded single-family residential units, 66 Pendry branded condominium units, shared services and meeting facility. Entitlements for Montage and Pendry have been approved. Grading has started and building permits have been approved and vertical construction is underway. Program ED-2.1.a Through the City's Economic Development Plan, annually review the land use allocation within SilverRock's Specific Plan to assure that future development meets market need and generates a long term revenue stream for the City. Ongoing. The City Manager's office reviews the SilverRock Specific Plan annually to assure the development meets market need and generates long- term revenue stream for the City. Program ED-2.1.b Continue to promote professional and amateur golf tournaments, activities and events that publicize SilverRock in the local, state and national media. Ongoing. The City's Manager's Office marketing team assist to promote golf tournaments and other events on a regular basis. Policy ED-2.2 Support increased room occupancy at the City's existing hotels and resorts. Ongoing. The City has created a branding and marketing program to attract tourists and increase hotel room occupancy. The City has also implemented a transit occupancy tax incentive program with the City's hotels. Program ED-2.2.a Continue to participate in co-op marketing and include the City's resorts and hotels in City-sponsored marketing and advertising efforts. Ongoing. The City is engages businesses and resorts in City-sponsored marketing. The City collaborates with Coachella Valley Visitor's Bureau to promote the City of La Quinta as a tourist destination. Program ED-2-2.b Incorporate short term vacation rentals into the City's transient occupancy tax revenues Complete. The City has implemented a short term vacation rental program and collects transient occupancy tax revenues. Program ED-2.2.c Consider incentive programs for hotel remodeling and refurbishing, tied to increased transient occupancy tax revenue generation in the future.No action. Policy ED-2.3 Actively pursue the development of additional hotel properties in all economic ranges, to accommodate all segments of the visitor market. Ongoing. Hotel uses are encouraged in commercial districts and in potential land use amendments. City recently sold City property to Residence Inn by Marriott, which was entitled and constructed. The continued growth of the tourism and resort industries in the City 130 Policy/Program Description Status Goal H-1 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.Complete 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. 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. 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.No change 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. Complete and Ongoing. Added Mixed Use to Zoning in 2017 Goal H-2 Policy H-2.1 Increase housing choices for lower and moderate income households. Ongoing. Coral Mountain Apartments complete. Washington Street Apartments construction complete. City Manager's office supports affordable housing efforts and increasing choices. Policy H-2.2 Support public, private, and nonprofit efforts in the development of affordable housing.On-going. City Manager's office supports affordable housing efforts. Policy H-2.3 Pursue a variety of forms of private, local, state, and federal assistance to support development of affordable housing.On-going. City Manager's office supports affordable housing efforts. 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. 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. 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 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. Investigation into the use of LIHTCs to finance affordable single-family attached rental development was not completed. HOUSING Provide housing opportunities that meet the diverse needs of the City’s existing and projected population. Assist in the creation and provision of resources to support housing for lower and moderate income households.131 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. 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. 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. 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. Goal H-3 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. Complete. Development Code Tune Up in 2017-2020 helped remove unecessary regulatory constraints. Policy H-3.2 Coordinate the development of affordable housing with the provision of key utilities to ensure prompt and adequate service.Ongoing and case-by-case 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. Complete. Mixed Use added to Zoning in 2017, Affordable housing overlay included in Municipal Code. 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. 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. 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, and be more inclined to walk or use public transportation. Incentives such as reduced parking requirements could be offered for affordable housing developments. 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. 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, City-- ‐ assisted parcel assemblage and mergers, parking requirement reduction, and relief from various other development standards that could potentially increase the cost of the project. 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, 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. The regulatory portion of this program is complete. Goal H-4 Policy H-4.1 Protect the quality of La Quinta's neighborhoods through the rehabilitation of both affordable and market-rate homes. Ongoing. Rehabilitation of Washington Street Apartments (affordable housing) completed in 2019. Create a regulatory system that does not unduly constrain the maintenance, improvement, and development of housing affordable to all La Quinta residents. Conserve and improve the quality of existing La Quinta neighborhoods and individual properties.132 Policy H-4.2 Promote financial and technical assistance to lower and moderate income households for housing maintenance and improvements. Ongoing. City provides information on the HERO program. City staff to conduct research on technical assistance available by agencies. Policy H-4.3 Encourage the retention and rehabilitation of existing single-family neighborhoods and mobile home parks that are economically and physically sound. Ongoing. City staff to conduct research on opportunities to preserve single-family neighborhoods and mobile home parks. Policy H-4.4 Enhance neighborhoods that presently provide affordable housing with drainage, lighting and landscape amenities, and parks and recreation areas. Ongoing. Landscape improvements opportunities identified in the City's Capital Improvement Program. Parks are distributed throughout the City. 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. There was no activity during the 2014-2021 planning period. City staff will conduct a housing condition survey in the 2022-2023 Fiscal Year. 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 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. 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 To the extent that these County programs have been funded, the City has referred homeowners to the appropriate County staff. 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. City staff has not prepared a list of rehabilitation resources for home repairs and improvements but does coordinate with lower income households and refers to appropriate agencies for services. Goal H-5 Policy 5.1 Provide the regulatory framework to create an environment in which housing opportunities are equal. Complete and ongoing. City complies with all housing laws. City staff to update Municipal Code as needed. 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. Ongoing. The City complies with all housing laws. City distributes County fair housing information. 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. Ongoing. City participates in CVAG's homelessness programs and provides financial assistance to MVK and CVRM for homeless prevention services. Policy 5.4 Assist in the creation of a continuum of care for the homeless population and those transitioning into permanent housing. Ongoing. City participates in CVAG's homelessness programs. The City has housed three homeless families in Coral Mountain apartments through the Homeless Prevention Program. Policy 5.5 Improve quality of life for disabled persons by facilitation relief from regulatory requirements that may create barriers to accessible housing and promoting universal design.Complete. Amended Zoning for reasonable accommodation. 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 create a regional homeless facility that will provide housing as well as supportive services. The Strategic Plan created by the Homelessness Committee establishes a continuum of care for the Coachella Valley. 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. Provide equal housing opportunities for all persons.133 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. 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. 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. 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. 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. 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. Goal H-6 Policy H-6.1 Promote higher density and compact developments that increase energy efficiency and reduce land consumption.Complete. Zoning added Mixed Use and PUD in 2017. Policy H-6.2 Facilitate housing development and rehabilitation that conserves natural resources and minimizes greenhouse gas emissions. Complete. GHG Reduction Plan adopted with General Plan includes conservation measures. 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. Complete. Building Code is adopted per State requirements. 2020 Update includes solar and green building requirements. Policy H-6.4 Focus sustainability efforts on measures and techniques that also assist the occupant in reducing energy costs; therefore reducing housing costs. Complete. GHG Reduction Plan adopted with General Plan includes conservation measures. 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). No activity required. Title 24 Energy Code required building design address energy efficiency. 2020 Code requires residential solar. Program H-6.5.a-Green and Sustainable La Quinta Program Continue to implement the Green and Sustainable La Quinta Program. 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 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. 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. 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. Provide a regulatory framework that facilitates and encourages energy and water conservation through sustainable site planning, project design, and green technologies and building materials.134 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 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. 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. 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. 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 135 Program/Policy Description Status Goal PR-1 Policy PR-1.1 Expand or modify community services to meet the health, well-being, and recreational needs of the community. Ongoing. Additional trailhead improvements at the top of the Cove and new event site at SilverRock are completed. X Park currently near completion with anticipated March 2022 opening. Space planning contract for Fritz Burns Park being approved. Re- purposing of existing skate park at La Quinta Park to another amenity planned for FY 2022/23. Contract for the Cultural Campus Improvements and Village Master Plan starting. Policy PR-1.2 Continue to provide a minimum standard of 5 acres of parkland for every 1,000 residents. Complete. Not including SilverRock, the City maintains over 236 acres of parks and open space. Current population is 41,000 or 201 acres. Staff to continue to monitor park acreage with new development Program PR-1.2.a Annually review parks and recreational facilities as part of the City's long-range planning. Ongoing. Facilities Department does this monthly and examined as part of the annual budget process. X Park and SilverRock public parks part of long-term planning efforts. Program PR-1.2.b Identify those areas where residents live more than one-half mile from a public or private park, nature preserve, or other recreational area and identify acquirable parcels of land that could be developed into parks within underserved areas. Complete and Ongoing. Facilities Department utilizes a map from the 2007 Community Services Master Plan for capital improvement projects that identifies park service radius. North La Quinta and Cove communities are adequately served. Private communities are not directly served and include their own private amenities. There have been no significant population changes since the 2007 Community Services Master Plan. Policy PR-1.3 Identify all visible financing mechanisms for the funding of construction, maintenance, and operation of parks and recreational facilities. Complete and Ongoing. Facilities Department monitors funds available from Quimby park fees, Art in Public Places funds, and the General Fund. Policy PR-1.4 The design and construction of parks and recreational facilities shall comply with all the development standards that apply to privately constructed facilities.Ongoing. Construction plans reviewed through Engineering and Building permitting Policy PR-1.5 Coordinate with partner agencies and neighboring communities to expand recreational opportunities and access to recreational facilities. Ongoing. City works with Desert Recreation District, Boys and Girls Club, YMCA, County, Coachella Valley Water District, and youth sports associations to expand recreational opportunities. Coordinate additional trailhead improvements at the top of the Cove with CVWD. Expanded pool operations with DRD for year-round operations. Program PR-1.5.a Continue to work with adjacent cities and the County of Riverside on the Regional Bicycle Trails Master Plan and future regional sports facilities Ongoing. Staff works with CVAG on the regional non-motorized transportation plan and CV Link. Continue Bike lane Striping and pavement management. Coordinate bike lane continuity with adjacent cities. Staff works with CVAG on Avenue 48 Art and Music Line Project currently in design PARKS RECREATION TRAILS A comprehensive system of parks, and recreation facilities and services that meet the active and passive needs of all residents and visitors.136 Program PR-1.5.b Continue to explore the potential for the joint use of recreational facilities with the Desert Sands and Coachella Valley Unified School District. Complete. The City has a partnership with the Desert Sands Unified School District for joint use of Sports Complex and Paige Middle School fields. City also works with County and DRD for shared events and programs. Program PR-1.5.c Continue to work with adjacent cities and the Coachella Valley Water District to utilize the Whitewater Channel as an intercity trail opportunity. Ongoing. City and CVAG working together to begin La Quinta portion of CV Link improvements. The connection under the Adams street bridge has already been completed. Dune Palms bridge will accommodate CV Link as well as planning for additional connectors. Policy PR-1.6 Encourage patterns of development that promote safe pedestrian and bicycle access to schools, public parks, and recreational areas. Ongoing. Pavement Management Plan that is coordinated with our Capital Improvement Program. Planning staff, Planning Commission and Council evaluate development projects to address safe connections. Policy PR-1.7 Identify opportunities to integrate public health concerns into parks and trails planning. Ongoing. Park and trail planning implementation ensures positive public health outcomes. Policy PR-1.8 Promote a healthy and active lifestyle for all residents.Ongoing. Wellness Center facility and programs promote this policy. Community Resources provides events and programs for healthy and active lifestyles. Program PR-1.8.a Strive to provide residents with affordable access to fitness facilities such as the public pool, fitness center, and golf course. Complete. SilverRock golf access available at discounted rate to residents at $55 versus $135 nonresident. Wellness Center fitness facility discounted at $75 for membership. Fritz Burns pool discounted at $2 for children and $3 for adults. Community Resources provides events and programs for healthy and active lifestyles. Fritz Burns pool was expanded to year-round operations. Program PR-1.8.b Promote the consumption of healthy foods by encouraging healthful foods to be sold at concessions in all public buildings and parks. Ongoing. At annual meeting with sports association staff encourages health food options for concession stands. Human Resources provides opportunities and programs for staff and Community Resources provides opportunities and programs for the public. Program PR-1.8.c Promote and improve public access to farmers markets and grocery stores that sell fresh produce and healthy foods. Complete. Farmer's Market in Old Town initiated by City of La Quinta. Fresh produce and healthy foods available in various stores near Cove and Highway 111. City staff participates with a booth at the Farmers Market. 137 Policy/Program Description Status Goal AQ-1 Policy AQ-1.1 Coordinate with the South Coast Air Quality Management District to assure compliance with air quality standards.Case by case basis when AQMD Permits are required. Program AQ-1.1.a Particiapate in monitoring, managing, and eforcing SCAQMD rules for criteria pollutants, TACs, GHGs and all other regional air pollutants of concern. CEQA mitigation measures when required. Dust control plans when grading occurs. Implementation of the City of La Quinta GHG Reduction Plan Policy AQ-1.2 Work to reduce emissions from residential and commercial energy use by encouraging decreased consumption and increased efficiency.Implementation of the 2016 building code Program AQ-1.2.a Work directly with the major utility providers, including The Gas Company, Imperial Irrigation District and the Coachella Valley Water District to develop incentives and rebates to encourage energy savings, subject to funding availability. Contact with utilities has been sporadic. Program AQ-1.2.b Encourage Imperial Irrigation District to diversify and expand the use of alternative energy sources. No activity. Policy AQ-1.3 Work to reduce emissions from mobile sources by encouraging a decrease in the number of vehicle miles traveled. Implementated by following Muni Code Chapter 6.12 Mobile Source Air Pollution Reduction Program AQ-1.3.a Work with Sunline Transit Agency to expand public transportation routes.SunLine is included in project reviews, and provides comments. Program AQ-1.3.b Encourage public and private schools to establish alternative transportation programs for students.No private schools have been developed. Village traffic calming completed. Program AQ-1.3.c Adopt and implement a Transportation Demand Management Ordinace for businesses with 50 or more employees. Fulfilled by Ordinace No. 550. Muni Code Chapter 9.180 "Transportation Demand Management" Program AQ-1.3.d Expand routes for golf carts and other neighborhood electric vehicles and plan for access and recharging facilities at retail, recreational, and community centers. Highway 111 Corridor Plan completed. Includes golf cart access and parking. Potential for golf cart path extensions to include CV Link. Program AQ-1.3.e Expand pedestrian and bicycle routes and provide safe and convenient access to retail, recreational, and community centers.Highway 111 Corridor Plan completed. Traffic calming in Village completed. Program AQ-1.3.f Facilitate mixed use development concepts in specific identified areas of the community to allow the combination of residential and non-residential uses, such as live-work-shop designs, as described in the Land Use Element. Village Master Plan and EIR complete. Highway 111 Corridor Plan includes mixed use opportunities. Program AQ-1.3.g Where permitted by the Land Use plan, and where appropriate, encourage high density residential development within walking distance to commerical, educational and recreational opportunities. Highway 111 Corridor Plan completed. Centre @ La Quinta residential project approved next to Walmart. AIR QUALITY A reduction in all air emissions generated within the City. 138 Policy AQ-1.4 Protect people and sites that are especially sensitive to airborne pollutants (sensitive receptors) from polluting point soucres. Case by case basis when CEQA is processed for projects. Program AQ-1.4.a Uses such as manufacturing, auto body shops, and other point source polluters should be reasonably separated from sensitive receptors.Ordinance 550 modified auto uses and limits them to commercial zones. Policy AQ-1.5 Ensure all construction activities minimize emissions of all air quality pollutants. All development projects must be in complaince with CEQA requirements. Program AQ-1.5.a All grading and ground distrubance activities shall adhere to established fugitive dust criteria. All development projects must be in complaince with CEQA requirements. Program AQ-1.5.b Fugitive Dust Control Plans shall be reviewed and approved for development projects. All development projects must be in complaince with CEQA requirements. Policy AQ-1.6 Proposed development air quality emissions of criteria pollutants shall be analyzed under CEQA.All development projects must be in complaince with CEQA requirements. Policy AQ-1.7 Greenhouse gas emissions associated with a development project shall demonstrate adherence to the City's GHG Reduction Plan. No activity. Enforced through CEQA. Policy AQ-1.8 The City shall adopt a comprehensive greenhouse gas reduction plan that sets forth reduction targets, timelines, and measures to achieve targets. Adopted with General Plan. Update required. Program AQ-1.8.a Implement the GHG reduction measures detailed in the GHG Reduction Plan. No activity. Program AQ-1.8.b Establish a comprehensive database to maintain an inventory of city government resource use and conservation with interdepartment access.No activity. work with CM and Facilities to inventory resources Program AQ-1.8.c Coordinate with Burrtec to establish and implement programs that divert wastes from landfills, such as the composting of food waste and plant debris and the expanded re-use and recycling of materials, to reduce methane emissions. Annual reporting per State requirements.139 Policy/Program Description Status Goal EM-1 Policy EM-1.1 Strongly encourage conservation of energy sources.case-by-case Program EM-1.1.a Review and amend, as appropriate, Zoning Ordinance procedures and standards to include site orientation, solar control and use of passive heating and cooling techiniques. No activity Policy EM-1.2 Support the use of alternative energy and the conversion of traditional energy sources to alternative energy.Ongoing. Program EM-1.2.a Encourage installtion of alternative energy devices on new and existing development. Programs may include City-funded incentive programs; matching fund programs with IID, The Gas Company and alternative energy providers, as well as other programs as they become available. CIP - 201313 - Citywide Preventative Maintenance Plan Improvements - Phase II is meant to install newer systems to more energy efficient resulting in energy cost reductions. Program EM-1.2.b As funding and applicability allows, incorporate Compressed Natural Gas (CNG), hybird or electric vehicles into the City fleet as vehicles are replaced with a target to complete the converson by 2035. City is researching implementation of hybrid and electric vehicle fleet to meet 2035 target. Program EM-1.2.c Continue participation in the Sunline Transit Agency, and promote the use of alternative fuel technologies for its buses. Sunline Transit Agency continues to provide public transportation via two service lines, Line 111 and Line 70. All busses are CNG and there is a hydrogen cell bus. Program EM-1.2.d As appropriate, incorporate LED or other energy-efficient lighting in signals and lights throughout the City. Implemented. Program EM-1.2.e Explore opportunities to provide a CNG and other alternate fuel fueling station in the City.No activity Program EM-1.2.f Implement, as appropriate, energy-efficient improvements in City buildings and facilities using Energy Efficiency Conservation Block Grant or similar funds. CIP - 201313 - Citywide Preventative Maintenance Plan Improvements - Phase II is meant to install newer systems to more energy efficient resulting in energy cost reductions. Goal EM-2 Policy EM-2.1 Preserve mineral resources identifed by the Department of Mines and Geology to the greatest extend possible. No activity Program EM-2.1.b Review and amend the Zoning Ordinanace as appropriate to require that mineral extraction occuring in the city be subject to the requirements of the California Surface Mining and Reclamation Act (SMARA), and the City's Zoning procedures. Section 16.02.010 provides for this ENERGY AND MINERAL RESOURCES The sustainable use and management of energy and mineral resources. The conservation and thoughtful management of local mineral deposits to assure the long-term viability of limited resources. 140 Policy/Program Description Status Goal Bio-1 Policy Bio-1.1 Continue to implement the Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP).Enforced by the City through building permits. Program Bio-1.1.a Building permits shall not be issued for projects required to pay the MSHCP local development mitigation fee until such time as the fee has been paid to the City.Enforced by the City through building permits. Program Bio-1.1.b For lands identifed by the MSHCP as slated for conservation within the City, the Planning Department will refer land owners and developers to the Coachella Valley Association of Government and/or Coachella Valley Conservation Commission for guidance and permitting assistance. City completed participation in the CVCC bighorn sheep barrier EIR. Future construction planned. Program Bio-1.2.c Prior to the issuance of any ground disturbing permit for fallow lands outside Conservation areas, the City will require a protocol compliant survey for burrowing owl. Enforced through CEQA process. Policy Bio-1.3 Publicly owned conservation lands, including those for the MSHCP, shall be designated as Open Space on the Land Use Map. Currently designated as such. Policy Bio-1.4 Comply with the requirements of the Migratory Bird Treaty Act (MBTA)Enforced through CEQA process. Program Bio-1.4.a Throughout the City, prior to the removal of vegetation on development site between March and August, a qualified biologist shall determine wheter any bird nests or young occur on the site, and if they occur, provide mitigation measures compliant with the MBTA. Enforced through CEQA process. Policy Bio-1.5 Comply with the regulatory requirements of the California Department of Fish and Game, the US Army Corps of Engineers, and the Regional Water Quality Control Board as they relate to "waters of the State of California" and/or "waters of the United States." Enforced through CEQA process. Program Bio-1.5.a Prior to the initiation of any project within any defined blueline stream as identifed on Exhibit III-3, the City will require that consultation and/or permitting by CDFG be demonstrated in writing. Enforced through CEQA process. Policy Bio-1.6 Native desert plant materials should be incorporated into new development project to the greatest extent possible. Invasive, non-native species shall be discouraged. Enforced through landscape plan checks Policy Bio-1.7 Sensitive habitat areas, including conservation areas for the MSHCP, should be buffered from urban development to the greatest extent possible. Enforced through CEQA process. Program Bio-1.7.a Use zoning standards and the design review process to assure that adequate buffers are provided in environmentally sensitve areas. Enforced through CEQA process. BIOLOGICAL RESOURCES The protection and preservation of native and environmentally significant biological resources and their habitats. 141 Policy/Program Description Status Goal CUL-1 Policy CUL-1.1 All reasonable efforts should be made to identify archaeological and historic resources in the City. Ongoing. Enforced through CEQA process. Program CUL-1.1.a Any development application for a vacant site, or a site previously or currently used for agricultural purposes, shall be accompanied by a Phase I archaeological and/or historic analysis conducted by a qualified archaeologist. Such analysis shall be paid for by the project proponent. Ongoing. Enforced through CEQA process. Program CUL-1.1.b City staff will maintain open channels of consultation with local Native American tribes, the Eastern Information Center at the University of California, Riverside, the Historical Society, and the Coachella Valley History Museum. Ongoing. Enforced through CEQA process, SB18 and AB52. Program CUL-1.1c City staff shall maintain a database of known prehistoric resources in the City. No Activity Program CUL-1.1.d The City shall update its historic inventory at a minimum of every 10 years, subject to available funding. Ongoing. The City will begin work on a RFP process for an update to its historic inventory. Policy CUL-1.2 Assure that significant identified archaeological and historic resources are protected.Ongoing. Enforced through CEQA process. Program CUL-1.2.a The City will be proactive in the protection of archaeological and historic resource preservation funding, including regional, state and federal funds.No Activity Program CUL-1.2.b Consider the use of all potential sources of funding for archaeological and historic resource preservation funding, including regional, state and federal funds.No Activity Program CUL-1.2.c Encourage owners of qualified historic buildings to take advantage of tax credits and other programs for the preservation and restoration of historic structures. Case-by-case Program CUL-1.2.d Continue to implement the Historic Preservation Ordinance.Complete and ongoing. Historic preservation ordinance amended in 2016 Policy CUL-1.3 Educate the public about the City's history and paleontology. Ongoing. The La Quinta Museum hosts historical programs Program CUL-1.3.a Encourage property owners and others to nominate qualified properties to the City's historic inventory. Case-by-case Program CUL-1.3.b Continue to support efforts at curation and exhibition of the City's history.Ongoing. Implemented by La Quinta Museum. City sponsors a permanent exhibit of the City's History at City Hall beginning in 2017. Program CUL-1.3.c Consider expanding collections to include paleontological resources. Ongoing. Implemented by La Quinta Museum. Program CUL-1.3.d Encourage the Desert Sands and Coachella Unified School Districts to include local history and tribal history in the community. No Activity Policy CUL-1.4 Make all reasonable efforts to identify paleontological resources in the City.Ongoing. Enforced through CEQA process on a case by case basis. CULTURAL RESOURCES The protection of significant archaeological, historic, and paleontological resources which occur in the City.142 Program CUL-1.4.a Any development application for a vacant site located on soils identified as Lake Cahuilla Beds or Pleistocene shall be accompanied by a Phase I paleontogical analysis conducted by a qualified geologist or paleontologist. Ongoing. Enforced through CEQA process. Program CUL-1.4.b As part of the geotechnical analysis conducted for grading and building permits, soil borings shall be examined by a qualified geologist or paleontologist to assure that no Pleistone or older soils occur at depth in areas to be excavated. Monitoring shall be required if Pleistone or older soils will be impacted by excavations. Ongoing. Conditions of Approval will be required for development projects that require soil borings for geotechnical analysis to be examined by qualified geologists or paleontologists. Policy CUL-1.5 All reasonable efforts should be made to preserve paleontological resources in the City. Ongoing. Enforced through CEQA process. Program CUL-1.5.a Significant paleontological resources identified on a site shall be professionally collected, catalogued and deposited with a recognized repository. Ongoing. Enforced through CEQA process.143 Policy/Program Description Status Goal WR-1 Policy WR-1.1 Support the Coachella Valley Water District in its efforts to supply adequate domestic water to residents and businesses. Ongoing. Continue coordination with CVWD Program WR-1.1.a The City shall continue to implement its Water Efficient Landscaping Ordinance and Building Codes, and update them as needed to meet or exceed State standards for water efficiency and conservation. Ongoing. Water efficient landscape ordinance updated in 2016. Implemented with new or revised landscape plans. Program WR-1.1.b Continue to work with CVWD to implement independent and joint programs, rebates, and discounts that promote water conservation.No activity. No resources available to supplement CVWD rebate programs. Policy WR-1.2 Support the Coachella Valley Water District in its efforts to recharge the aquifer.Ongoing. Continue coordination with CVWD Program WR-1.2.a Support CVWD's efforts to increase recharge at its La Quinta facility and elsewhere in its district. Ongoing. Continue coordination with CVWD Program WR-1.2.b Work with CVWD to implement new or improved recharging techniques in golf course and lake design, turf and agricultural irrigation recharging techniques in golf course and lake design, turf and agricultural irrigation methods, and the use of tertiary treated water for irrigation and other uses. CVWD continues to expand tertiary treatment. Project approvals limit water feature and similar high consumption uses. Policy WR-1.3 Support the Coachella Valley Water District in its efforts to expand tertiary treated (i.e. reclaimed)water distribution. Ongoing. Continue coordination with CVWD Program WR-1.3.a Work with CVWD to provide tertiary treated water for future recreational facilities and landscaping irrigation to the greatest extent possible. Ongoing. Continue coordination with CVWD Policy WR-1.4 Protect stormwater from pollution and encourage its use to recharge the aquifer.Ongoing. City enforces NPDES requirements Program WR-1.4.a Implement federal, regional and local standards pertaining to the discharge and treatment of pollutants in surface water for all development projects. Ongoing. City enforces NPDES requirements Program WR-1.4.b Coordinate with CVWD in its review of projects which impact drainage channels.Ongoing. Continue coordination with CVWD Program WR-1.4.c Require on-site retention for new development projects to the greatest extent possible, to provide added recharge of the aquifer.Ongoing. New developments are required to provide on-site retention. Policy WR-1.5 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. Ongoing. Watercourse or open space designation allow only for golf courses, lakes, sports or play fields and similar uses. Policy WR-1.6 Encourage the use of permeable pavements in residential and commercial development projects.Case-by-case. Encouraged when development applications are submitted. WATER RESOURCES The efficient use and conservation of the City's water resources.144 Policy/Program Description Status Goal OS-1 Policy OS-1.1 Identify and map lands suitable for preservation as passive and active open space.Ongoing. None identified beyond what is shown in GP Land Use Map. Program OS-1.1.a Identify lands suitable for preservation as natural open space on the General Plan Land Use map. Ongoing. None identified beyond what is shown in GP Land Use Map. Program OS-1.1.b Confer with adjoining communities and other responsible agencies to periodically review and update information on regional open space, and to coordinate preservation efforts.Ongoing. Coordinated through CVAG Policy OS-1.2 Continue to develop a comprehensive multi-purpose trails network to link open space areas. Interactive trail map in place. Participation in CV Link ongoing Program OS-1.2.a Coordinate with, and obtain approval from, local utility providers, including the Coachella Valley Water District, to use flood control and utility easements as a trails network which links open space and recreation areas. Ongoing. CV Link plans under way on CVWD bank. Program OS-1.2.b Explore opportunities for additional trails connectivity adjacent to and along watercourses, irrigation canals, and flood control improvements.Ongoing. CV Link plans under way on CVWD bank. Policy OS-1.3 The City shall encourage community involvement and volunteerism in open space maintenance and improvement as a means to leverage local funds, improve open space and increase public awareness of the City's Open Space areas. Ongoing. City supports local programs that increase public awareness of the City's Open Space areas and support trail clean up activities. Goal OS-2 Policy OS-2.1 Unique and valuable biological resources should be preserved as open space, to the greatest extent practical. Ongoing. Implemented through the CEQA process. Policy OS-2.2 Where appropriate, geological hazard zones, including but not limited to earthquake fault lines, areas susceptible to liquefaction, floodways, and unstable slopes should be preserved as open space. Ongoing. Implemented through the CEQA process. Site-specific geotechnical reports required Policy OS-2.3 Encourage the preservation of open space in privately owned development projects.Ongoing. Implemented with individual development applications. Program OS-2.3.a Utilize flexible development standards, density incentives, and/or other means to encourage the provision of open space in new planned developments. Complete. Planned Unit Development entitlements requires Open Space. Goal OS-3 Policy OS-3.1 To the greatest extent possible, prohibit development on lands designated as open space which are elevated and visually prominent from adjacent developed areas or are located within or in close proximity to areas identified as critical wildlife habitat. Complete and ongoing. Implemented through the Hillside Preservation Ordinance. Program OS-3.1.a Continue to implement the Hillside Preservation Ordinance. Ongoing. City legally required to enforce this ordinance. Program OS-3.1.b Minimize the loss of open space resources. Ongoing. Implemented through the CEQA process. Policy OS-3.2 Any development that is permitted within areas designated as Open Space should minimize grading for structures and access and should be visually subordinate to and compatible with surrounding landscape features. Ongoing. Implemented through Hillside Preservation Ordinance. OPEN SPACE AND CONSERVATION ELEMENT Preservation, conservation and management of the City's open space lands and scenic resources for enhanced recreational, environmental and economic purposes. Good stewardship of natural open space and preservation of open space areas. Preservation of scenic resources as vital contributions to the City's economic health and overall quality of life. 145 Policy OS-3.3 Explore and utilize a variety of measures to preserve privately owned properties within hillside and alluvial fan areas, including private covenants, deed restrictions, and land transfers.Ongoing. Implemented through Hillside Preservation Ordinance. Program OS-3.3.a Identify agencies and property owners which hold fee simple title to properties located in hillside and alluvial fan areas, and encourage agreements which assure that such lands remain undeveloped in perpetuity. Ongoing. Implemented through Hillside Preservation Ordinance.146 Policy/Program Description Status Goal N-1 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. Complete. Ordinance No. 550 was adopted on November 15, 2016. The amendment was implemented in order to comply with the General Plan 2035 EIR. Program N-1.1.a Propose to City Council an amendment to the Municipal Code (Section 9.100.210) to allow 65 dBA CNEL for sensitive land uses.Complete. Implemented by Ordinance No, 550. Policy N-1.2 New residential development located adjacent to any roadway identified in Table IV-4 as having a building 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 Community Noise and Land Use Compatibility scale. Ongoing. Implemented through the CEQA process. 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 residential development or residential land. Ongoing. Implemented through the CEQA process. 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. Ongoing. Enforced through Special Event Permit process. Applied to American Express golf tournament and concerts, etc. 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. No activity. No mixed use projects reviewed. 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. Ongoing. Implemented through the CEQA process. 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.No activity. Not needed at this time. Program N-1.6.a Remedial improvements will be included in the Capital Improvement Program.No activity 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. Ongoing. Implemented through CEQA process. Policy N-1.8 Maintain a truck route plan restricting truck travel to arterial roadways. Ongoing. Enforced by Engineering Division NOISE A healthful noise environment which complements the City's residential and resort character.147 Policy/Program Description Status Goal GEO-1 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.No activity 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. No activity Policy GEO-1.2 The City shall continue to require that development in areas subject to rockfall, landslide, liquefaction and/or other geotechinical hazards described in this Element, prepare detailed geotechnical analyses that include mitigation measues that minimize such hazards. Ongoing. Implemented through the CEQA process. 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. Ongoing. Implemented through the CEQA process. 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. Ongoing. Currently implemented. 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. Ongoing. Enforced by Building Division. 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.Case-by-case. 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.Ongoing. Enforced through EOP. 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. Ongoing. Enforced through EOP. SOILS AND GEOLOGY Protection of the residents' health and safety and of their property, from geologic and seismic hazards.148 Policy/Program Description Status GOAL FH-1 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. Public Works currently monitors 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.Public Works currently monitors Policy FH-1.3 The City shall continue to implement development standards that provide for a reduction in runoff from developed lands and are consistent with local and regional stormwater management plans. Implemented as development applications are submitted. 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. Implemented as development applications are submitted. 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.Continued coordination with CVWD. 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.Continued coordination with CVWD. 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.Public Works currently monitors 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.Continued coordination with CVWD. 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. Continued coordination with CVWD. 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. Continued coordination with CVWD. Policy FH-1.6 Major drainage facilities, including debris basins, retention/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. landscaping required in new projects Policy FH-1.7 New critical facilities shall not be constructed within the boundaries of the 100-year flood plain.Village Master Plan of Drainage updated in 2016-2017. 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. Watercourse or open space designation allow only for 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. Implemented by Emergency Operations Plan FLOODING AND HYDROLOGY Protection of the health, safety and welfare of the community from flooding and hydrological hazards. 149 Policy/Program Description Status GOAL HAZ-1 Policy HAZ-1.1 The storage, transport, use and disposal of hazardous materials shall comply with all City, County, State and federal standards. Ongoing. Burrtec Waste & Recycling Services provides an e-waste disposal program and the Riverside County 24-hour hotline provides the LQ residents with proper disposal facilities. Program HAZ-1.1.a Continue to coordinate with all appropriate agencies to assure that local, State and federal regulations are enforced.Ongoing. Coordinated through fire department 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. Ongoing. Implemented through the CEQA process. 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. County of Riverside Environmental Health Hazardous Waste division keeps inventory for City. Policy HAZ-1.2 To the extent empowered, the City shall regulate the generation, delivery, use and storage of hazardous materials. Ongoing. Implemented through Fire & Police, County Environmental Health. County of Riverside Environmental Health Hazardous Waste division keeps inventory for City. Regulation happens at initial permitting process only, but not on regular basis. Program HAZ-1.2.a All facilities which produce, utilize, store or transport hazardous materials shall be constructed in strict conformance with all applicable Building and Fire Codes.Ongoing. Implemented through building plan checks Policy HAZ-1.3 Support Household Hazardous Waste disposal.Ongoing. coordinate with burrtec 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.Regular events scheduled in cooperation with Burrtec, CVAG. 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. Ongoing. Burrtec provides an e-waste disposal program and the Riverside County 24-hour hotline provides La Quinta residents with proper disposal facilities. HAZARDOUS MATERIALS Protection of residents from the potential impacts of hazardous and toxic materials.150 Policy/Program Description Status GOAL ES-1 Policy ES-1.1 The City shall continue to work with the Riverside County Fire Department to accurately forecast future needs and provide adequate and timely expansion of services and facilities based on service capabilities and response times. Ongoing. Fire Department participates in project review with City staff for development projects. Program ES-1.1.a Maintain the Fire Facilities component of the City’s Development Impact Fee to assure that new development pays its fair share of future fire stations.Ongoing. Currently enforced. Policy ES-1.2 New development proposals shall continue to be routed to the Fire Department to assure that project access and design provide for maximum fire and life safety.Ongoing. Fire Department participates in project review. Policy ES-1.3 The City shall continue to work with the Fire Department to maintain or improve the current ISO rating in order to reduce insurance premiums for City residents and businesses. Fire Department coordinates fire rating with ISO, based on facilities and response times. Policy ES- 1.4 The City shall coordinate with adjacent jurisdictions to consider joint funding of fire facilities based upon service area.Complete and ongoing. Existing reciprocal agreements in place Policy ES-1.5 The City shall continue to work with the Riverside County Sheriff’s Department to accurately forecast future needs and provide adequate and timely expansion of services and facilities. Ongoing. City does this on an annual basis and with new development proposals. Policy ES-1.6 New development proposals shall continue to be routed to the Police Department to assure that project access and design provide for defensible space and maximum crime prevention while maintaining City design standards and codes. Ongoing. Police Department participates in project review. Policy ES-1.7 The City shall coordinate with the Sheriff’s Department to assure that community-based policing and community programs that encourage resident participation are implemented to the greatest extent possible. Ongoing. Part of contract review with sheriff. A community service officer is contracted for this purpose. Policy ES-1.8 The City should maintain an emergency response program consistent with State law, and coordinate with surrounding cities, Riverside County and other emergency service providers. Ongoing. Enforced by the EOC and quarterly Operational Area Plannign Committee Meetings. Program ES-1.8.a Periodically review and update the Emergency Operations Plan to address the City’s growth in population and built environment, as well as new emergency response techniques.Ongoing. Implemented by Public Safety Division Program ES-1.8.b Coordinate all emergency preparedness and response plans with neighboring cities, the County of Riverside, local health care providers and utility purveyors, and the California Emergency Management Agency (CalEMA). Ongoing. Implemented through EOC and quarterly Operational Area Planning Committee Meetings. Program ES-1.8.c Continue coordinated training for City Emergency Response Team members, Community Emergency Response Team (CERT) volunteers, and related response agency personnel. Ongoing. Continued training at City. The basic 20 hour FEMA CERT training course is offered year round thru Riverside County Office of Emergency Services Policy ES-1.9 Critical facilities, such as police and fire stations, hospitals and clinics, schools and utility substations, should be sited away from identified hazard areas.Complete. General Plan Land Use Map implements this. Program ES-1.9.a Review and amend, as appropriate, development regulations to ensure critical facilities are not located in an area identified in the General Plan as a hazard area.Case-by-case Policy ES-1.10 The City should provide education programs and literature to its residents, business people and property owners on earthquake preparedness, fire safety, flooding hazards and other emergencies. Ongoing. Public Safety Division within the Community Resources Department is responsible for this. EMERGENCY SERVICES An effective and comprehensive response to all emergency service needs.151 Program ES-1.10.a Maintain and distribute emergency preparedness information and handouts at City Hall, the Senior Center and Library, and at community events. Additionally, the City’s website and other media resources shall be utilized to inform and educate residents and business owners on emergency preparedness matters. Ongoing. Public Safety Division within the Community Resources Department provides information and training to the public. Program ES-1.10.b The Emergency Services Division will continue to coordinate city-wide emergency response exercises as appropriate, as well as training programs for City staff and Community Emergency Response Team (CERT) volunteers, and will publicize training sessions to City residents and business owners. Ongoing. Continued training at City. The basic 20 hour FEMA CERT training course is offered year round thru Riverside County Office of Emergency Services 152 Policy/Program Description Status GOAL UTL-1 Domestic water facilities and services which adequately serve the existing and long-term needs of the City. Policy UTL-1.1 The City should coordinate with the Coachella Valley Water District to assure that sufficient water supplies are available to sustain current and future development.Ongoing. CVWD participates in project review. Program UTL-1.1.a Work with the Coachella Valley Water District to expand the availability of tertiary treated water, non- potable canal water, and encourage its use for landscape irrigation purposes, especially for irrigating golf courses and other large landscaped areas. Ongoing. CVWD continues to expand tertiary treatment. Project approvals limit water features and similar high consumption uses. Program UTL-1.1.b Continue to work with CVWD on water conservation programs (such as landscaping conversion and smart irrigation control) to reduce domestic water use, which will result in the need for fewer domestic water facilities and services to adequately serve the existing and long-term needs of the City. Ongoing. Water efficient landscaping ordinance; building code requirements. All landscape plans must be approved by CVWD. Water efficiency certification is required of landscape businesses. Policy UTL-1.2 The City should encourage the conservation of water. Ongoing. Water efficient landscaping ordinance; building code requirements. All landscape plans must be approved by CVWD. Water efficiency certification is required of landscape businesses. Program UTL-1.2.a Develop programs, both in conjunction with the Coachella Valley Water District and independently, to allow and encourage the retrofitting of existing water-intensive appliances and irrigation systems in existing development. No Activity. Limited resources to support these programs. Program UTL-1.2.b City and private sector development projects shall implement water efficient landscaping plans which meet or exceed current water efficiency standards. Ongoing. Water efficient landscaping ordinance; building code requirements. All landscape plans must be approved by CVWD. Water efficiency certification is required of landscape businesses. Policy UTL-1.3 New development shall reduce its projected water consumption rates over “business-as-usual” consumption rates. Ongoing. Water efficient landscape ordinance requires water efficiency. 2020 Building Code expands water efficiency requirements. Policy UTL-1.4 Review and amend Development Standards to require that all new development demonstrate a reduction of domestic water consumption equivalent to, or exceeding, the CalGreen Tier One standards in effect at the time of development. 2020 Building Code expands water efficiency requirements. GOAL UTL-2 Sanitary sewer facilities and services which adequately serve the existing and long-term needs of the City. Policy UTL-2.1 All new development should be required to connect to sanitary sewer service.Ongoing. This is a requirement. Program UTL-2.1.a Review and amend Development Standards and Review Procedures to ensure coordination with the Coachella Valley Water District and assurance that existing sewer service along with the extension of sewer service is capable of meeting the needs of current and forecasted development. Ongoing. All new projects located in proximity to sewer are required to connect or expand sewer systems in order to be part of the exisiting sewer system. Policy UTL-2.2 Septic systems for the treatment of sewage should be replaced with sanitary sewer service throughout the City. All new projects located in proximity to sewer are required to connect or expand sewer systems in order to be part of the exisiting sewer system. Conitnued coordination with CVWD regarding status of septic tanks. Program UTL-2.2.a Coordinate with the Coachella Valley Water District and encourage the elimination of septic systems where they occur within the City. All new projects located in proximity to sewer are required to connect or expand sewer systems in order to be part of the exisiting sewer system. Conitnued coordination with CVWD regarding status of septic tanks. WATER, SEWER, & UTILITIES 153 Policy/Program Description Status GOAL PF-1 Public facilities and services that are available, adequate and convenient to all City residents. Policy PF-1.1 The City shall expand or modify municipal services to meet the needs of the community Ongoing. Annually with City Budget Policy PF-1.2 Periodically evaluate the demand for municipal services and facilities, and include construction and expansion of these facilities to assure timely completion.Ongoing. Implemented through DIF and CIP. Annually with City Budget Program PF-1.2.a The City will annually review municipal facilities as part of its Capital Improvement Program planning.Ongoing. CIP updated annually. Policy PF-1.3 The City shall identify all viable financing mechanisms for the funding of construction, maintenance and operation of municipal facilities.Ongoing. Implemented for each CIP project. Program PF-1.3.a The Development Impact Fee program shall be monitored regularly to assure it is providing current and effective funding contributions to the City.Ongoing. DIF program evaluation is currently in progress. Policy PF-1.4 The design and construction of municipal facilities shall comply with all the processes and development standards that apply to privately constructed facilities.Ongoing. Implemented as projects are constructed. Policy PF-1.5 The City shall continue to coordinate with the County of Riverside to assure that library facilities and services are expanded as demand warrants. Ongoing. Community Resources Department regularly coordinates with the library Policy PF-1.6 The City shall coordinate with the Desert Sands and Coachella Valley Unified School Districts and encourage the Districts to plan for and construct new schools to meet demand.Ongoing. Community Resources coordinates with school districts Program PF-1.6.a Development proposals will continue to be routed to the appropriate District for review and comment early in the planning and entitlement process. Ongoing. School Districts are provided project plans and opportunity to comment. Program PF-1.6.b The City shall continue to support the payment of school impact fees by all eligible new development projects.Ongoing. School fees must be paid prior to building permit issuance. Program PF-1.6.c The City shall modify the Land Use Map to show new school facilities as Major Community Facilities as new schools are developed.Ongoing. Included in Land Use Map. Policy PF-1.7 The City shall continue to explore the potential for the joint purchase or use of recreational facilities with the Desert Sands and Coachella Valley Unified School Districts, as well as the Coachella Valley Recreation and Park District. Ongoing. Public Works Department currently does this. PUBLIC FACILITIES 154 CITY OF LA QUINTA - HOUSING ELEMENT ANNUAL PROGRESS REPORT- 2021 CALENDAR YEAR The Housing Element Annual Progress Report (APR) was prepared to identify the City’s progress in satisfying its share of the regional housing needs and Housing Element programs. This report was prepared to be consistent with the guidelines by the State Department of Housing and Community Development (HCD). The APR includes the following information: 1. Housing Development Applications Submitted (Table 1) a. Includes data on housing units and developments for which an application was submitted and deemed complete during the 2021 Calendar Year; b. Applications are for discretionary entitlements or building permits. Table 1 2021 Housing Development Applications Submitted New Building Permit Applications New Entitlement Project Applications* Single Family Detached 430 646 Single Family Attached 13 0 2-4 Units 0 0 5+ Units 0 0 Mobile Homes 0 0 Total Number of Units 443 646 *Entitlement project applications received in 2021 include the following: 1. Avenue 58 Townhomes – 82 units 2. Tract 38083 Griffin Ranch – 37 units 3. Barton Tract 38316 – 392 units 4. Andalusia Tract 38188 – 50 units 5. Cantera – 85 units ATTACHMENT 3 155 2. Annual Building Activity Report Summary (Tables 2 and 3) a. Includes data for very low, low, moderate and above moderate-income housing and mixed-income projects; b. Includes data on net new housing units and developments that have received an entitlement, building permit or certificate of occupancy during the 2021 Calendar Year. Table 2 2021 Annual Building Activity Report Summary Very Low Income Low Income Moderate Income Above Moderate Income Total Number of Units Single Family Detached 0 0 0 269 269 Single Family Attached 0 0 0 0 0 2-4 Units 0 0 0 0 0 5+ Units 0 0 0 0 0 Mobile Homes 0 0 0 0 0 Total Number of Units 0 0 0 269 269 Table 3 Accessory Dwelling Unit Activity Number of Applications Received Number of Permits Issued 10 8 3. Regional Housing Needs Allocation Progress (Tables 4 & 5) a. Provides a summary of permitting activity in the current planning cycle (2014-2021); b. Includes permitting activity, by affordability, for the 2021 Calendar Year. 156 The Southern California Association of Governments (SCAG) prepared a Regional Housing Needs Allocation (RHNA) to identify the housing needs for each jurisdiction within the SCAG region. SCAG, through the RHNA process assigned La Quinta a share of the region’s new housing units that should be constructed in the 2014-2021 planning period to satisfy regional housing needs. SCAG determined the City’s share of RHNA to be 364 units. Table 4 Total RHNA Need by Income 2014-2021 Very Low Low Moderate Above Moderate Total 91 61 66 146 364 25% 16% 18% 40% 100% Table 5 City’s Progress in Meeting its Share of RHNA for Period 2014-2021** Reporting Year Very Low Low Moderate Above Moderate Total 2014 36 138 2 0 176 2015 -- -- -- -- -- 2016 -- -- -- -- -- 2017 0 0 0 102 102 2018 68 4 123 195 2019 0 0 6 131 137 2020 0 0 0 195 195 2021 (January through October) 0 0 0 203 203 Total Units 104 138 12 754 1,008 Projected Need (RHNA) 91 61 66 146 364 Remaining Need 0 0 54 0 54 ** The 5th Cycle ended in October 2021 therefore, units issued after October were not included in this cycle’s RHNA count but will be included in next cycle’s count. 157 4. Sites Identified or Rezoned to Accommodate Shortfall Housing Need a. Includes information regarding a shortfall of housing sites identified in the housing element, an unaccommodated need of sites or identification of additional sites; b. The Housing Element does not identify any of these sites. 5. Program implementation status a. Includes status/progress of housing element program and policy implementation; b. This information is included in Attachment 2. 6. Commercial development bonus approved a. Pertains to commercial development that has agreed to contribute affordable housing through a joint project or two separate projects encompassing affordable housing where a development bonus has been implemented through an agreement with the City; b. The City does not have any projects in this category to report for Calendar Year 2021. 7. Locally owned lands from the Housing Element Sites Inventory a. Cities are required to include a listing of sites owned by the locality that were included in the housing element sites inventory and were sold, leased, or otherwise disposed of during the reporting year; b. The City has no such sites. 8. Locally Owned Surplus Sites a. Cities are required to create an inventory of surplus lands and all lands in excess of its foreseeable needs, if any, located in all urbanized areas and urban clusters, as designated by the United States Census Bureau, within the jurisdiction of the city that the city or any of its departments, agencies, or authorities owns or controls; b. The City has no such sites. 9. Local Early Action Planning (LEAP) Reporting a. Recipients of LEAP grants shall annually report on the status of proposed uses on those funds; b. A breakdown and status of those funds are as follows: i. Housing Element Update Consultation ($70,000) – Task Complete; ii. Rezoning/Upzoning Analysis ($40,000) – Task Currently Ongoing; iii. Sample Site Planning Affordable Housing ($40,000) – Task Currently Ongoing. 158 City of La Quinta CITY COUNCIL MEETING: March 15, 2022 STAFF REPORT AGENDA TITLE: APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE LA QUINTA LANDSCAPE RENOVATION IMPROVEMENTS PROJECT, LOCATED AT THE LA QUINTA DESERT PRIDE DEVELOPMENT, ON THE SOUTH SIDE OF MILES AVENUE AND WEST SIDE OF ADAMS STREET, PROJECT NO. 2016-03F2 RECOMMENDATION Approve plans, specifications, engineer’s estimate, and authorize Staff to bid the La Quinta Landscape Renovation Improvements Project No. 2016-03F2, located at the La Quinta Desert Pride Development, on the south side of Miles Avenue and west side of Adams Street. EXECUTIVE SUMMARY •This sixth phase of the Measure G funded La Quinta Landscape Renovation project is located at the La Quinta Desert Pride Development on the south side of Miles Avenue, the entrance on Coldbrook Avenue at Miles Avenue, the entrances on Bayberry Lane and Woodberry Lane at Adams Street, and the west side of Adams Street to the Coachella Valley Stormwater Channel, (Attachment 1). •The project includes: o Approximately 150,000 square feet of parkway will be converted to the Desert Oasis plant palette o Wall cleaning and painting FISCAL IMPACT The 2020/21 Capital Improvement Program (CIP) allocates $9,963,148 to Landscape Renovation projects, $9,043,914 of Measure G Funds, $426,073 of General Funds, $479,661 of CVWD reimbursement, and $13,500 of Arts in Public Places Funds. The following is the project budget: Total Budget (All Phases)* Phase 6 – Desert Pride* Professional: $ 547,258 $ 15,000 Design: $ 699,212 $ 53,725 Inspection/Testing/Survey: $ 677,242 $ 63,365 Construction: $ 6,970,407 $ 1,200,000 Contingency: $ 1,069,029 $ 120,000 Total Budget: $ 9,963,148 $1,452,090 CONSENT CALENDAR ITEM NO. 8 159 *Note:  Approximately $4,400,000 is expected to be available for the construction of Landscape Renovation Turf Conversion projects (Del Rey, Marbella and Cactus Flower). BACKGROUND/ANALYSIS The 2021/22 CIP prioritizes renovating the parkways in north La Quinta over the next year. These improvements will entail converting turf to the Desert Oasis landscape palette, which uses hardscape textures with minimal planting to create an aesthetically pleasing environment with lower installation, long- term maintenance, and water costs. Wall cleaning/painting complete the renovation effort. The parkway renovation effort is divided into seven phases. The sixth phase was divided into three sub phases: 1. Topaz 2. Desert Pride and 3. Sierra Del Rey/Marbella. The seventh phase, located at the Cactus Flower Development, is beginning design. Contingent upon approval to advertise the project for bid on March 15, 2022, the following is the project schedule: Council Bid Authorization March 15, 2022 Bid Period March 16 to April 19, 2022 Council Considers Project Award May 3, 2022 Execute Contract and Mobilize May 4 to May 18, 2022 Construction (100 Working Days) May 2022 to September 2022 Accept Improvements September 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. Vicinity Map 160 *IMPORTANT* Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. © Riverside County GIS Legend Notes REPORT PRINTED ON...4/5/2019 11:12:16 AM Vicinity Map Desert Pride Landscape Renovation 0 3,0091, 505 Feet Blueline Streams City Areas World Street Map ATTACHMENT 1 161ATTACHMENT 1 162 City of La Quinta CITY COUNCIL MEETING: March 15, 2022 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO REAFFIRM ADOPTION OF ANNUAL ASSESSMENT FOR COUNTY SERVICE AREA 152, AUTHORIZE RIVERSIDE COUNTY TO CONTINUE TO LEVY ASSESSMENTS, AND INDEMNIFY AND HOLD THE COUNTY HARMLESS FOR LEVYING ASSESSMENTS ON CITY PARCELS RECOMMENDATION Adopt a Resolution to reaffirm adoption of the annual assessment for County Service Area 152 for Fiscal Year 2022/23, authorize Riverside County to continue to levy assessments, and indemnify and hold the County harmless for levying assessments on City parcels. EXECUTIVE SUMMARY •The City has an agreement with Riverside County (County) wherein the County assesses properties within the City for the maintenance and operations of street sweeping, flood control, retention basin, and other drainage facilities within the City to improve overall storm water quality. •These activities are required under the Clean Water Act and the National Pollutant Discharge Elimination System Program. •The Council must annually adopt a resolution authorizing the County to assess City parcels and hold the County harmless for levying the assessments. •The per parcel assessment rate will remain unchanged from its original 1997 rate of $9.99 per Benefit Assessment Unit for the Fiscal Year 2022/23. FISCAL IMPACT County Service Area (“CSA”) 152 assessments generate approximately $300,000 per year. These funds are held by the County and are designated for expenditures related to storm water pollution mitigation under the National Pollutant Discharge Elimination System (NPDES) permit. The City may request reimbursement for qualifying expenditures, such as retention basin maintenance, and the revenue is recognized in General Fund (Account No. 101- 0000-43633, CSA 152 Assessments). CONSENT CALENDAR ITEM NO. 9 163 BACKGROUND/ANALYSIS In 1991, the County enacted CSA 152 to provide funding for local jurisdictions to maintain flood control and storm drain facilities. In 1994, the City joined CSA 152, and in 1997 the Council approved the Benefit Assessment Unit rate of $9.99. The City/County Agreement is available for review in the Public Works Department. Staff recommends the City’s continued participation in CSA 152 and to authorize the County to levy and collect these assessments for Fisca l Year 2022/23. ALTERNATIVES Staff does not recommend an alternative. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, P.E., City Engineer 164 RESOLUTION NO. 2022 - xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, MAKING FINDINGS AND REAFFIRMING THE ESTABLISHMENT AND SETTING OF RATES FOR THE COUNTY SERVICE AREA 152 TO FUND THE CITY’S STREET SWEEPING PROGRAM AND OPERATE AND MAINTAIN THE CITY’S DRAINAGE AND FLOOD CONTROL SYSTEMS WHEREAS, the Riverside County Service Area 152 (CSA 152) was created under the Benefit Assessment Act of 1982 (Government Code Section 54702, et seq.), which authorized local agencies to impose benefit assessments to finance the maintenance and operation costs of flood control and drainage systems, based on the proportionate storm water runoff from each parcel; and WHEREAS, under the federally-mandated but unfunded National Pollutant Discharge Elimination System Program, the City is required to have a valid permit from the Regional Water Quality Control Board to discharge water runoff from properties within the boundaries of the City; and WHEREAS, street sweeping is a pro-active method of ensuring pro- active maintenance from street runoff into the flood control and drainage systems of the City; and WHEREAS, the City is a co-permittee of Permit No. CAS-617002 with the Coachella Valley Water District, County of Riverside and the incorporated cities therein; and WHEREAS, the City, by its Resolution No. 97-39, adopted on May 20, 1997, authorized Riverside County to levy and establish a Benefit Assessment Unit rate for the 1997-1998 Fiscal Year CSA 152 assessments; and WHEREAS, the City by its Resolution No. 97-39, adopted on May 20, 1997, agreed to indemnify and hold the County harmless for levying Assessments on the City parcels under CSA 152; and WHEREAS, the City uses revenues from CSA 152 assessments solely for the purpose of maintaining and operating the City’s flood control and drainage system to comply with the National Pollutant Discharge Elimination 165 Resolution No. 2022-XXX County Service Area 152 Adopted: March 15, 2022 Page 2 of 3 System Permit and to provide street sweeping within the City of La Quinta; and WHEREAS, Proposition 218, adopted by voters on November 6, 1996, established new procedures and approval requirements for all existing assessments, unless the assessment is exempt from the new requirements; and WHEREAS, certain assessments that existed on November 6, 1996, are specifically exempt from the Proposition 218 procedures and approval requirements, including assessments imposed exclusively to finance the capital costs and maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The City Council finds the foregoing recitals to be true and correct. Section 2. The City Council finds and declares that the City’s CSA 152 charges are assessments within the definition of California Constitution Article XIIID, Section 2(b), in that they confer special benefits upon each parcel of property subject to the assessments. Section 3. The City Council finds and declares that pursuant to Article XIIID, Section 5(a), the City’s CSA 152 assessments are exempt from the new procedures and approval requirements of Article XIIID, Section 4, because the City’s CSA 152 assessments existed before November 6, 1996, and the assessments are imposed exclusively to finance the capital costs and maintenance and operation expenses for street sweeping, flood control, and drainage systems in the City. Section 4. The City Council hereby reaffirms its adoption of the annual assessment for CSA 152 and hereby determines that the annual assessment rate for Fiscal Year 2022/2023 for CSA 152 is to be set at nine dollars and ninety-nine cents ($9.99) per Benefit Assessment Unit. The method of computation has not been changed nor has the rate of assessment been increased since August 6, 1996. Section 5. The City Council hereby authorizes the County of Riverside to levy assessments under CSA 152 for the benefit of the City. The City agrees that it shall indemnify, defend and hold County and members of its Board, 166 Resolution No. 2022-XXX County Service Area 152 Adopted: March 15, 2022 Page 3 of 3 and its officers, employees and agents harmless from (1) any and all claims, demands, and causes of action of any kind or nature whatsoever and (2) any and all liability of any kind or nature whatsoever that may arise out of or be caused by, or be attributable to the imposition, collection, or allocation of any tax (special or general), assessment fees or charges, and/or any other revenue generated through City’s application of reliance on or use of County Service Area 152. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15th day of March 2022, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ____________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: _______________________________ MONIKA RADEVA, CITY CLERK City of La Quinta, California 167 Resolution No. 2022-XXX County Service Area 152 Adopted: March 15, 2022 Page 4 of 3 APPROVED AS TO FORM: ______________________________________ WILLIAM H. IRHKE, City Attorney City of La Quinta, California 168 City of La Quinta CITY COUNCIL MEETING: March 15, 2022 STAFF REPORT AGENDA TITLE: APPROVE PURCHASE OF TRAFFIC SIGNAL MAINTENANCE EQUIPMENT FROM JTB SUPPLY COMPANY RECOMMENDATION Approve purchase of traffic signal maintenance equipment from JTB Supply Company in the amount of $49,019; and authorize the City Manager to execute the purchase order. EXECUTIVE SUMMARY •This traffic signal maintenance replacement equipment is needed to complete the annual citywide level 3 maintenance. •The annual citywide level 3 maintenance will be completed between April and June 2022. •The City received three proposals for the traffic signal equipment, and JTB Supply Company (JTB) provided the lowest quote. FISCAL IMPACT The cost of the equipment is $49,019 (Attachment 1). There is sufficient funding in the traffic signal maintenance budget (2122TMI) for this purchase. City Council Approval is needed to comply with the City’s purchasing policy for purchases made from a single vendor. BACKGROUND/ANALYSIS Traffic signal maintenance staff completes annual citywide level 3 maintenance. Replacement equipment is needed to complete the required maintenance. Staff received three quotes for the traffic signal equipment: from Econolite in the amount of $64,133 (Attachment 2), Jam Services in the amount of $53,620 (Attachment 3), and JTB in the amount of $49,019. JTB provided the lowest quote. CONSENT CALENDAR ITEM NO. 10 169 Following the City’s purchasing policy, City Council approval is needed for this purchase. The City has already purchased equipment in the amount of $21,402 from JTB this fiscal year, exceeding the $50,000 threshold for City Manager approval. Pending City Council approval of the equipment purchase, the citywide level 3 maintenance for this fiscal year will be completed between April and June 2022. ALTERNATIVES Staff does not recommend an alternative. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1.JTB Supply Company Quote 2.Econolite Quote 3.Jam Services Quote 170 Quotation To: Kris @ City of La Quinta Quote #: 220210-11 From: Mindy Myers Project: Dialight LEDs RFQ JTB Supply is pleased to quote on the following equipment: 140 – 433-1270-003XL – 12” Red Ball LED ITE, Clear $26.15 $3,661 284 – 433-3270-901XL – 12” Yellow Ball LED ITE, Clear $29.50 $8,378 208 – 433-2270-001XL – 12” Green Ball LED ITE, Clear $26.65 $5,543.20 100 – 432-1374-901XOD – 12” Red Arrow LED ITE, Clear $28.15 $2,815 148 – 431-3374-901XOD – 12” Yellow Arrow LED ITE, Clear $28.90 $4,277.20 144 – 432-2374-001XOD – 12” Green Arrow LED ITE, Clear $28.15 $4,053.60 32 – 430-6479-001X – Countdown LED ITE $106 $3,392 40 – Green Polara Bulldog Pushbuttons $92 $3,680 20 – 5x7 Green Adjustable PB Housing $46 $920 150 – 5x7 R10-3e PB Sign double sided, anti graffiti $25.50 $3,825 42 – Struthers Dunn Flash Transfer Relays $65 $2,730 100 – 12” x 16” Cabinet Dust Filters $10 $1,000 Subtotal $44,275 8.75%tax $3,874.06 Shipping $870 Total $49,019.06 Delivery: 45 – 60 days ARO Terms: Net 30, Pending Credit Verification, MC, VISA, AMEX accepted with surcharge of 4% of transaction amount Quote valid for 30 Days. Prices subject to change, if order not released within 60 days from the purchase order date. Freight: Included Sales tax is included. Sincerely, JTB Supply Co., Inc. Mindy Myers ATTACHMENT 1 171 172 Quotation 1250 N. Tustin Ave. Anaheim, Ca. 92807 econolite.com/feedback Page 1 1/31/2022 To: Item # Part Qty Description Tariff Price per Extended 1 1420-001 140 BALL, LED,12" RED, CLEAR DIALIGHT; 433-1270-003XL $43.45 $6,083.00 2 1420-002 284 BALL, LED,12" YELLOW, CLEAR DIALIGHT; 433-3270-901XL $52.80 $14,995.20 3 1420-003 208 BALL, LED, 12" GREEN, CLEAR DIALIGHT; 433-2270-001XL $48.95 $10,181.60 4 1421-001 100 ARROW, LED, 12" RED, CLEAR DIALIGHT; 432-1374-001XOD $46.75 $4,675.00 5 1421-002 148 ARROW, LED, 12" YELLOW, CLEAR DIALIGHT; 431-3374-901XOD $51.15 $7,570.20 6 1421-003 144 ARROW, LED, 12" GREEN, CLEAR DIALIGHT; 432-2374-001XOD $51.15 $7,365.60 7 1426-001 32 PED, LED, 16", H/M, COUNTDOWN DIALIGHT; 430-6479-001X OVERLAY $149.60 $4,787.20 8 0767104805 42 FLASH TRANSFER RELAY COIL VOLTAGE LED STRUTHERS-DUNN $32.50 $1,365.00 9 0723720010 100 AIR FILTER, ALUM, 12 X 16 X 1 $19.50 $1,950.00 Kris Gunterson La Quinta, CA; City of 78-495 Calle Tampico La Quinta, CA 92253 USA Quote Name: LED and Equipment Quote Project Reference: Econolite Reference: Q-07389-B8N1 SubTotal $58,972.80 Shipping & Handling* Taxes** $5,160.12 Tariffs** TOTAL $64,132.92 ATTACHMENT 2 173 Quotation 1250 N. Tustin Ave. Anaheim, Ca. 92807 econolite.com/feedback Page 2 Unless specifically requested or noted on this quotation, the product(s) quoted herein may or may not comply with any Buy America requirements. Cabinet designs are considered final at time of order. Changes requested after date of order may result in additional fees and extended shipping lead times. The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or legally privileged material. Any review, retransmission, dissemination, or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited except as required by law. Quote Valid For Days: 60 FOB: Econolite Factory Terms: NET30 *Ship Terms: PPD **Taxes and Tariffs Estimated (if included) Corey Kelly Corey Kelly, Account Manager Mobile: +1 7142734912 ckelly@econolite.com Shipping Date: To be determined at time of receipt of order 174 Jam Services 958 E Airway Blvd Livermore, CA 94551 PRICE QUOTATION - JCM012722DD PROJECT La Quinta LEDs and Buttons BID DATE 1/27/2022 JAM Services is please to provide the following quotation LINE ITEM ITEM DESCRIPTION QTY PRICE U/M TOTAL 1 12" Red Ball LED DR6-RTFB-VLA-032 140 34.00$ EA 4,760.00$ 2 12" Yellow Ball LED DR6-YZFB-VLA-032 284 34.00$ EA 9,656.00$ 3 12" Green Ball LED DR6-GCFB-VLA-032 208 34.00$ EA 7,072.00$ 4 12" Red Arrow LED DR6-RTAAN-VLA 100 34.00$ EA 3,400.00$ 5 12" Yellow Arrow LED DR6-YTAAN-VLA 148 34.00$ EA 5,032.00$ 6 12" Green Arrow LED DR6-GCAAN-VLA 144 34.00$ EA 4,896.00$ 7 Countdown Module PS7-CFF1-VLA 32 110.00$ EA 3,520.00$ 8 Polara BDL3-G Bulldog Button Only Green 40 80.00$ EA 3,200.00$ 9 Polara PBF2C-5X7-G 5x7 PPB Frame Green 20 40.00$ EA 800.00$ 10 R10-3E Sign 5x7 w/AntiGraffiti Film 150 30.00$ EA 4,500.00$ 11 430 Flash Transfer Relay 42 35.00$ EA 1,470.00$ 12 12x16x1 332 Cabinet Filter 100 10.00$ EA 1,000.00$ SUBTOTAL:49,306.00$ Freight allowed, but tax to be added as determined by the final BOM and the delivery address.TAX (8.75%): 4,314.28$ If I can be of further assistance, please contact me at 925-455-5267. FREIGHT $0.00 Thank You - Jason Momaney GRAND TOTAL:$53,620.28 Quote valid for 15 days unless otherwise noted. All cable, Transformers, wire, steel GRC prices valid for 10 days only. All materials subject to prior sale PVC, wire, cable, GRC, steel prices subject to change without notice 1 ATTACHMENT 3 175 176 City of La Quinta CITY COUNCIL MEETING: March 15, 2022 STAFF REPORT AGENDA TITLE: RECEIVE AND FILE FISCAL YEAR 2020/21 DEVELOPMENT PROJECT FEE REPORT RECOMMENDATION Receive and file the fiscal year 2020/21 Development Project Fee Report. EXECUTIVE SUMMARY Development Impact Fees (DIF) are imposed on new construction to help offset impacts created by new development on City facilities and infrastructure. The State Mitigation Fee Act requires the City to annually report on the receipts and expenditures of DIF Funds for the last five years within 180 days of the close of the fiscal year. The City must use, or pledge to use, the developer fees on City facilities and infrastructure within five years of receipt; or present findings if that was not the case. Staff has completed the required analysis (Attachments 1 and 2) and in all cases the City has complied with the time limit to expend or commit fees for future projects. FISCAL IMPACT - None. BACKGROUND/ANALYSIS The City has three development project category fees subject to State requirements: Infrastructure, Quimby, and DIF. Annually, the City reports on the following: Brief description on the type of fee in the account or fund; Amount of the fee; Beginning and ending balance of the account or fund; Amount of fees collected and interest earned; CONSENT CALENDAR ITEM NO. 11 177  Each public improvement on which fees were expended, the amount of expenditures, and total percentage of the project completed and costs funded with the fee;  Description of each interfund transfer, loan, and the public improvement funded. The City must also report payments received pursuant to development agreements entered into after January 1, 2004. A schedule of development agreement payments received, and expenditures are noted in Attachment 2. All projects were reported in the prior fiscal year. Unspent balances will be evaluated for appropriation during the 2022/23 budget cycle. Fund Unspent Balance Civic Center DIF (Fund 252) $ 498,620 Community Center DIF (Fund 254) $ 109,387 Street Maintenance DIF (Fund 255) $ 43,288 Park Maintenance DIF (Fund 256) $5,995 Fire Protection DIF (Fund 257) $197,260 Maintenance Facilities DIF (Fund 259) $ 47,015 Each year these reports are also provided to the Desert Valley Builders Association (DVBA), the Building Industry Association (BIA), and the Gas Company. The DVBA has notified the City that will issue a letter of satisfaction. To date, no other correspondence has been received regarding these reports. ALTERNATIVES This report is required by State, staff does not recommend an alternative. Prepared by: Claudia Martinez, Finance Director Approved by: Jon McMillen, City Manager Attachments: 1. FY 2020/21 Development Project Fee Report 2. FY 2020/21 Developer Agreement Activity Report 178 2021 AB1600 Report La Quinta Development Project Fee Report ATTACHMENT 1Quimby Fees (Fund 220) Government Code 66000 Calculation FYE 6/30/2021 Beginning Ending Account Description Fund Balance Fund Balance Developer Fees 57,228 Interest Income (21,813) Contributions from Property Owners - Transfers In - Total Revenue Sources 35,415 Expenditures & Other Uses - Transfers out Capital Projects 1,600,989 Total Uses 1,600,989 Total Available 1,565,574$(1,565,574)$-$ Five Year Test Using First In First Out Method Fiscal Years Ending Beginning Fund Balance Revenues Collected Expenditures Committed Unspent Revenues Collected from 2017 5,434,667 128,218 557,338 3,985,916 1,019,631 Revenues Collected from 2018 5,005,547 53,307 462,938 7,298,488 (2,702,572) Revenues Collected from 2019 4,595,916 129,832 1,296,611 4,714,876 (1,285,739) Revenues Collected from 2020 3,429,137 69,689 1,933,252 2,781,625 (1,216,051) Revenues Collected from 2021 1,565,574 35,415 1,600,989 1,180,635 (1,180,635) Total Revenue For Last Five Years 416,461$ 5,851,129$ Result : Five Year Spent Test Met in accordance with Government Code 66001 Capital Improvement Facilities FY 20/21 Committed % Complete** % funded with fee 151609 North La Quinta Regional Skate and BMX Park 1,600,989 917,635 63%78% 201903 Skate Park Conversion -263,000 0% 100% Total 1,600,989$ 1,180,635$ ** Percentage completed as of 6/30/2021 The City's Quimby Special Revenue Fund is used to account for the accumulation of developer fees received under the provisions of the Quimby Act for park development and improvements. FY 20/21 179 2021 AB1600 Report La Quinta Development Project Fee Report Infrastructure Fee (Fund 225) Government Code 66000 Calculation FYE 6/30/2021 Beginning Ending Account Description Fund Balance Fund Balance Developer Fees *- Interest Income (10) Reimbursements - Total Revenue Sources (10)$ Expenditures & Other Uses - Capital Projects - Project Administration/Internal Engineering - Total Uses - Total Available 19,408$ (10)$ 19,398$ Five Year Test Using First In First Out Method Fiscal Years Ending Beginning Fund Balance Revenues Collected Expenditures Committed Unspent Revenues Collected from 2017 23,618 114 - 22,618 1,114 Revenues Collected from 2018 23,732 182 - 22,618 1,296 Revenues Collected from 2019 23,914 733 4,543 24,028 (3,924) Revenues Collected from 2020 20,104 715 1,410 22,618 (3,210) Revenues Collected from 2021 19,408 (10) - 22,618 (3,220) Total Revenue For Last Five Years 1,734$ 5,953$ Result : Five Year Spent Test Met in accordance with Government Code 66001 Capital Improvement Facilities FY 20/21 Committed % Complete** % funded with fee 151603 La Quinta Village Complete Streets - Road Diet - 22,618 95%0.18% Total - 22,618$ * The Infrastructure Fee is being phased out and not subject to collection of future revenue from developments ** Percentage completed as of 6/30/2021 The Infrastructure fee fund is used to account for the accumulation of resources, provided through developer fees for the acquisition, construction or improvement of the City's infrastructure as defined in Resolution 2013-006. FY 20/21 180 2021 AB1600 Report La Quinta Development Project Fee Report Transportation DIF (Fund 250) Government Code 66000 Calculation FYE 6/30/2021 Activity Unit of Measure Transportation Residential - Single Family Detached Unit 3,426$ Residential - Single Family Attached Unit 2,959$ Residential - Multi Family and Other Unit 2,013$ Office/Medical Unit 5,594$ General Commercial 1,000 sq ft 6,868$ Tourist Commercial/Lodging 1,000 sq ft 1,725$ Golf Course Acre 800$ Beginning Ending Account Description Fund Balance Fund Balance Developer Fees 693,586 Interest Income (5,543) Miscellaneous - Transfers In - Total Revenue Sources 688,043 Expenditures & Other Uses 400,001 Transfers out Capital Projects 345,417 Total Uses 745,418 Total Available 2,321,502$ (57,375)$ 2,264,127$ Five Year Test Using First In First Out Method Fiscal Years Ending Beginning Fund Balance Revenues Collected Expenditures Committed Unspent Revenues Collected from 2017 3,471,401 388,472 203,047 3,595,274 61,552 Revenues Collected from 2018 3,656,826 539,365 1,097,811 2,551,507 546,873 Revenues Collected from 2019 3,098,380 756,223 1,391,880 4,971,752 (2,509,028) Revenues Collected from 2020 2,462,724 801,997 943,219 4,897,398 (2,575,896) Revenues Collected from 2021 2,321,502 688,043 745,418 4,356,480 (2,092,353) Total Revenue For Last Five Years 3,174,100$ 4,381,375$ Result : Five Year Spent Test Met in accordance with Government Code 66001 Capital Improvement Facilities FY 20/21 Committed % Complete* % funded with fee 111205 Dune Palms Bridge Improvement - 73,755 17%2% 151603 La Quinta Village Complete Streets - Road Diet 343,055 - 95%3% 201702 Developer Reimbursements 400,000 2,939,723 35%100% 201709 Avenue 53 Jefferson Street Roundabout - 375,121 10%11% 201902 Avenue 50 Bridge Spanning the Evacuation Channel 2,363 967,881 0.05%6% Total 745,418$ 4,356,480$ * Percentage completed as of 6/30/2021 The Transportation Impact Fee developer fee fund is used to account for the accumulation of resources, provided through developer fees for street system improvements needed to handle traffic that will be generated by future development. The fee is based upon the table below and varies from project to project. FY 20/21 181 2021 AB1600 Report La Quinta Development Project Fee Report Parks & Rec DIF (Fund 251) Government Code 66000 Calculation FYE 6/30/2021 Activity Unit of Measure Transportation Residential - Single Family Detached Unit 2,077$ Residential - Single Family Attached Unit 1,921$ Residential - Multi Family and Other Unit 1,882$ Beginning Ending Account Description Fund Balance Fund Balance Developer Fees 328,072 Interest Income (5,939) Miscellaneous Transfers In Total Revenue Sources 322,133 Expenditures & Other Uses - Transfers Out Capital Projects 962,469 Total Uses 962,469 Total Available 294,027$ (640,336)$ (346,309)$ Five Year Test Using First In First Out Method Fiscal Years Ending Beginning Fund Balance Revenues Collected Expenditures Committed Unspent Revenues Collected from 2017 358,702 200,093 - - 558,795 Revenues Collected from 2018 558,795 329,110 - - 887,905 Revenues Collected from 2019 887,905 379,411 4,542 2,401,410 (1,138,637) Revenues Collected from 2020 1,262,773 472,951 1,441,697 959,713 (665,686) Revenues Collected from 2021 294,027 322,133 962,469 2,844 (349,153) Total Revenue For Last Five Years 1,703,698$ 2,408,708$ Result : Five Year Spent Test Met in accordance with Government Code 66001 Capital Improvement Facilities FY 20/21 Committed % Complete* % funded with fee 201608 SilverRock Event Space 959,713 - 90%33% 201722 Fritz Burns Park Sidewalk & Parking Lot 2,756 2,844 97%6% Total 962,469$ 2,844$ * Percentage completed as of 6/30/2021 The Parks & Recreation Impact Fee fund is used to account for the accumulation of resources, provided through developer fees for parks required to serve future development. The fee is based upon the table below and varies from project to project. FY 20/21 182 2021 AB1600 Report La Quinta Development Project Fee Report Civic Center DIF (Fund 252) Government Code 66000 Calculation FYE 6/30/2021 Activity Unit of Measure Transportation Residential - Single Family Detached Unit 1,086$ Residential - Single Family Attached Unit 956$ Residential - Multi Family and Other Unit 538$ Office/Medical Unit 448$ General Commercial 1,000 sq ft 448$ Tourist Commercial/Lodging 1,000 sq ft 531$ Golf Course Acre 215$ Beginning Ending Account Description Fund Balance Fund Balance Developer Fees 194,521 Interest Income 2,828 Miscellaneous Transfers In Total Revenue Sources 197,349 Expenditures & Other Uses - Total Uses 0 Total Available 301,271$ 197,349$ 498,620$ Five Year Test Using First In First Out Method Fiscal Years Ending Beginning Fund Balance Revenues Collected Expenditures Committed Unspent Revenues Collected from 2017 (7,212,007) 98,740 55,994 - (7,169,261) Revenues Collected from 2018 (7,169,261) 145,494 79,286 - (7,103,053) Revenues Collected from 2019 ** (7,103,053) 177,800 (7,004,993) 1,410 78,330 Revenues Collected from 2020 79,740 222,942 1,411 - 301,271 Revenues Collected from 2021 301,271 197,349 - - 498,620 Total Revenue For Last Five Years 842,325$ (6,868,302)$ Result : Five Year Spent Test Met in accordance with Government Code 66001 Capital Improvement Facilities FY 20/21 Committed % Complete * % funded with fee -$ - Total -$ -$ * Percentage completed as of 6/30/2021 ** Loan repayment interest rate was based on the average quartery investment yield of the City's investment portfolio During FY 2018/19, this loan was written-off. Projects are being evaluated for the unspent balance of $498,620 and will be included in the FY 2022/23 budget. The Civic Center Impact Fee fund was used to fund the expansion of the La Quinta Civic Center completed in 2008 to support the City's needs through build out. The fee is based upon the table below and varies from project to project. FY 20/21 183 2021 AB1600 Report La Quinta Development Project Fee Report Library DIF (Fund 253) Government Code 66000 Calculation FYE 6/30/2021 Activity Unit of Measure Transportation Residential - Single Family Detached Unit 397$ Residential - Single Family Attached Unit 338$ Residential - Multi Family and Other Unit 323$ Beginning Ending Account Description Fund Balance FY 20/21 Fund Balance Developer Fees 61,508 Interest Income Miscellaneous Transfers In Total Revenue Sources 61,508 Expenditures & Other Uses - Advance Interest Expense 15,133 Total Uses 15,133 Total Available (1,505,187)$ 46,375$ (1,458,812)$ Five Year Test Using First In First Out Method Fiscal Years Ending Beginning Fund Balance Revenues Collected Expenditures Committed Unspent Revenues Collected from 2017 (1,631,001) 34,056 12,890 1,609,835 (3,219,670) Revenues Collected from 2018 (1,609,835) 56,416 19,138 1,572,557 (3,145,114) Revenues Collected from 2019 (1,572,557) 57,792 35,480 1,549,846 (3,100,091) Revenues Collected from 2020 (1,550,245) 75,336 30,278 1,505,187 (3,010,374) Revenues Collected from 2021 (1,505,187) 61,508 15,133 1,458,789 (2,917,601) Total Revenue For Last Five Years 285,108$ 112,919$ Result : Five Year Spent Test Met in accordance with Government Code 66001 Capital Improvement Facilities FY 20/21 Committed % Complete * % funded with fee Successor Agency loan repayment (construction of public library facility) **15,133 1,458,789 41%100% Total 15,133$ 1,458,789$ * Percentage completed as of 6/30/2021 ** Loan repayment interest rate is based on the average quarterly investment yield of the City's investment portfolio. As of 6/30/2021 the outstanding loan balance was: Principal 1,458,789 Interest - Total Due 1,458,789 This loan remains active and is being evaluated in FY 2021/22. The Library Impact Fee fund is used for library facilities required to serve future development in La Quinta. The fee is based upon the table below and varies from project to project. 184 2021 AB1600 Report La Quinta Development Project Fee Report Community Center DIF (Fund 254) Government Code 66000 Calculation FYE 6/30/2021 Activity Unit of Measure Transportation Residential - Single Family Detached Unit 543$ Residential - Single Family Attached Unit 472$ Residential - Multi Family and Other Unit 454$ Beginning Ending Account Description Fund Balance Fund Balance Developer Fees 142,520 Interest Income 752 Miscellaneous Transfers In Total Revenue Sources 143,272 Expenditures & Other Uses - Transfers Out Capital Projects 101,639 Total Uses 101,639 Total Available 192,753$ 41,633$ 234,387$ Five Year Test Using First In First Out Method Fiscal Years Ending Beginning Fund Balance Revenues Collected Expenditures Committed Unspent Revenues Collected from 2017 101,639 13,325 - 101,600 13,364 Revenues Collected from 2018 114,964 21,993 - 101,639 35,318 Revenues Collected from 2019 136,956 26,477 4,542 103,049 55,842 Revenues Collected from 2020 158,891 35,272 1,410 101,639 91,114 Revenues Collected from 2021 192,753 143,272 101,639 125,000 109,387 Total Revenue For Last Five Years 240,339$ 107,591$ Result : Five Year Spent Test Met in accordance with Government Code 66001 Capital Improvement Facilities FY 20/21 Committed % Complete * % funded with fee 151609 La Quinta X Park Youth Center 101,639 - 63%2% 201901 Village Art Plaza Promenade & Cultural Campus - 125,000 0%20% Total 101,639$ 125,000$ * Percentage completed as of 6/30/2021 Projects are being evaluated for the unspent balance of $109,387 and will be included in the FY 22/23 budget. The Community Center Fee fund is used for community center facilities required to serve future development in La Quinta. The fee is based upon the table below and varies from project to project. FY 20/21 185 2021 AB1600 Report La Quinta Development Project Fee Report Street Maintenance DIF (Fund 255) Government Code 66000 Calculation FYE 6/30/2021 Activity Unit of Measure Transportation Residential - Single Family Detached Unit 235$ Residential - Single Family Attached Unit 202$ Residential - Multi Family and Other Unit 155$ Office/Medical Unit 282$ General Commercial 1000 sq ft 347$ Tourist Commercial/Lodging 1000 sq ft 86$ Golf Course Acre 40$ Beginning Ending Account Description Fund Balance Fund Balance Developer Fees 4,095 Interest Income 63 Miscellaneous Transfers In - Total Revenue Sources 4,158 Expenditures & Other Uses - Total Uses 0 Total Available 39,130$ 4,158$ 43,288$ Five Year Test Using First In First Out Method Fiscal Years Ending Beginning Fund Balance Revenues Collected Expenditures Committed Unspent Revenues Collected from 2017 (1,901,551) 19,095 15,191 - (1,897,647) Revenues Collected from 2018 (1,897,647) 27,349 21,296 - (1,891,594) Revenues Collected from 2019 ** (1,891,594) 30,194 (1,871,689) 1,410 8,879 Revenues Collected from 2020 10,289 30,251 1,410 - 39,130 Revenues Collected from 2021 39,130$ 4,158 0 - 43,288 Total Revenue For Last Five Years 111,047$ (1,833,792)$ Result : Five Year Spent Test Met in accordance with Government Code 66001 Capital Improvement Facilities FY 20/21 Committed % Complete * % funded with fee Total -$ -$ * Percentage completed as of 6/30/2021 ** Loan repayment interest rate was based on the average quartery investment yield of the City's investment portfolio During FY 2018/19, this loan was written-off. Projects are being evaluated for the unspent balance of $43,288 and will be included in the FY 22/23 budget. The Street Maintenance Fee fund is used for street maintenance required to serve future development in La Quinta. The fee is based upon the table below and varies from project to project. FY 20/21 186 2021 AB1600 Report La Quinta Development Project Fee Report Park Maintenance DIF (Fund 256) Government Code 66000 Calculation FYE 6/30/2021 Activity Unit of Measure Transportation Residential - Single Family Detached Unit 235$ Residential - Single Family Attached Unit 202$ Residential - Multi Family and Other Unit 155$ Office/Medical Unit 282$ General Commercial 1000 sq ft 347$ Tourist Commercial/Lodging 1000 sq ft 86$ Golf Course Acre 40$ Beginning Ending Account Description Fund Balance Fund Balance Developer Fees 320 Interest Income (48) Miscellaneous Transfers In Total Revenue Sources 272 Expenditures & Other Uses - Transfers Out - Total Uses 0 Total Available 5,723$ 272$ 5,995$ Five Year Test Using First In First Out Method Fiscal Years Ending Beginning Fund Balance Revenues Collected Expenditures Committed Unspent Revenues Collected from 2017 2 3,969 3,969 - 2 Revenues Collected from 2018 2 6,570 6,567 - 5 Revenues Collected from 2019 **5 6,722 8,508 1,410 (3,192) Revenues Collected from 2020 (1,782) 8,915 1,410 - 5,723 Revenues Collected from 2021 5,723 272 - - 5,995 Total Revenue For Last Five Years 26,448$ 20,454$ Result : Five Year Spent Test Met in accordance with Government Code 66001 Capital Improvement Facilities FY 20/21 Committed % Complete * % funded with fee Total -$ -$ * Percentage completed as of 6/30/2021 ** Loan repayment interest rate was based on the average quartery investment yield of the City's investment portfolio. During FY 2018/19, this loan was written-off. The Park Maintenance Fee fund is used for park maintenance required to serve future development in La Quinta. The fee is based upon the table below and varies from project to project. FY 20/21 187 2021 AB1600 Report La Quinta Development Project Fee Report Fire Protection DIF (Fund 257) Government Code 66000 Calculation FYE 6/30/2021 Activity Unit of Measure Transportation Residential - Single Family Detached Unit 369$ Residential - Single Family Attached Unit 335$ Residential - Multi Family and Other Unit 188$ Office/Hospital Unit 151$ General Commercial 1000 sq ft 151$ Tourist Commercial 1000 sq ft 201$ Golf Course Acre 72$ Beginning Ending Account Description Fund Balance Fund Balance Developer Fees 60,357 Interest Income 867 Miscellaneous Transfers In Total Revenue Sources 61,224 Expenditures & Other Uses - Total Uses 0 Total Available 136,036$ 61,224$ 197,260$ Five Year Test Using First In First Out Method Fiscal Years Ending Beginning Fund Balance Revenues Collected Expenditures Committed Unspent Revenues Collected from 2017 (593,484) 45,399 4,581 - (552,666) Revenues Collected from 2018 (552,665) 66,456 4,634 - (490,843) Revenues Collected from 2019 *(490,843) 81,761 (444,154) 1,410 33,663 Revenues Collected from 2020 35,073 102,373 1,410 - 136,036 Revenues Collected from 2021 136,036 61,224 - - 197,260 Total Revenue For Last Five Years 357,214$ (433,529)$ Result : Five Year Spent Test Met in accordance with Government Code 66001 Capital Improvement Facilities FY 20/21 Committed % Complete * % funded with fee - Total -$ -$ * Percentage completed as of 6/30/2021. ** Loan repayment interest rate was based on the average quarterly investment yield of the City's investment portfolio. During FY 2018/19, this loan was written-off. Projects are being evaluated for the unspent balance of $197,260 and will be included in the FY 22/23 budget. The Fire Protection Facilities Fee fund is used for fire protection facilities required to serve future development in La Quinta. The fee is based upon the table below and varies from project to project. FY 20/21 188 2021 AB1600 Report La Quinta Development Project Fee Report Maintenance Facilities DIF (Fund 259) Government Code 66000 Calculation FYE 6/30/2021 Activity Unit of Measure Transportation Residential - Single Family Detached Unit 235$ Residential - Single Family Attached Unit 202$ Residential - Multi Family and Other Unit 155$ Office/Medical Unit 282$ General Commercial 1000 sq ft 347$ Tourist Commercial/Lodging 1000 sq ft 86$ Golf Course Acre 40$ Beginning Ending Account Description Fund Balance Fund Balance Developer Fees 46,324 Interest Income 691 Miscellaneous Transfers In - Total Revenue Sources 47,015 Expenditures & Other Uses - Total Uses 0 Total Available -$ 47,015$ 47,015$ Five Year Test Using First In First Out Method Fiscal Years Ending Beginning Fund Balance Revenues Collected Expenditures Committed Unspent Revenues Collected from 2020 -$ 47,015 0 - 47,015 Total Revenue For Last Five Years 47,015$ -$ Result : Five Year Spent Test Met in accordance with Government Code 66001 Capital Improvement Facilities FY 20/21 Committed % Complete * % funded with fee Total -$ -$ * Percentage completed as of 6/30/2021 Projects are being evaluated for the unspent balance of $47,015 and will be included in the FY 22/23 budget. The Maintenance Facilities Fee fund is used for corporate yard maintenance facilities and equipment needed to serve future development in La Quinta. The fee is based upon the table below and varies from project to project. FY 20/21 189 190 2020/21 AB1600 Report ATTACHMENT 2 La Quinta Development Project Fee Report Developer Agreement Activity (Fund 401) FYE 6/30/2021 Date Project/Purpose Balance Revenues Expenses Total 3/8/2010 Traffic Signals at Madison Street on Avenue 58 and Avenue 60 257,563.00 - - 257,563.00 10/18/2010 Monroe Avenue landscape median, Trilogy/Shea TM30023 234,869.64 - - 234,869.64 1/25/2016 Traffic Signal at Madison Street at Avenue 52, Madison Club 215,000.00 215,000.00 10/11/2016 Madison at Avenue 52 raised median, TM33076-1 59,642.00 - - 59,642.00 6/14/2019 Turn lane extension at Highway 111 & Costco Drive 3,644.22 - - 3,644.22 6/30/2020 Traffic Signal at Madison Street at Avenue 54, CDA/Griffin Ranch - 107,500.00 - 107,500.00 6/30/2021 Turn lane- right turn only at Adams Street at Auto Centre - 171,574.00 - 171,574.00 Account No. 401-0000-22811 1,049,792.86$ 11/30/2009 Lions Gate project 1821 sidewalk and landscaping 16,798.30 - - 16,798.30 1/31/2011 Toll Brothers, Avenue 50 & Verano Drive, TM 30357, Mt. View Country Club Traffic Signal Improvements 215,000.00 215,000.00 6/30/2015 Avenue 53 at Jefferson Street Roundabout 580.62 -(580.62) - 6/30/2015 Traffic Signal Avenue 50 & Orchard, Project 1757 99,075.26 -- 99,075.26 2/24/2016 ACM LQ/Highway 111 & Simon Drive 2,788.50 -- 2,788.50 2/24/2016 ACM LQ/Washington & Miles 8,460.00 -- 8,460.00 6/30/2019 Dune Palms Road Widening Eminent Domain 14,360.86 5,521.46 19,882.32 Account No. 401-0000-22210 362,004.38$ 1,411,797.24$ The following development agreement payment was received for development agreements entered into after January 1, 2004 in accordance with Government Code Section 65865 Total Developer Contributions for Future CIP Projects Total Unearned Revenue on Deposit OVERALL TOTAL AVAILABLE 191 192 City of La Quinta CITY COUNCIL MEETING: March 15, 2022 STAFF REPORT AGENDA TITLE: ORDER REPORT, PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 9212, TO ASSESS THE FISCAL, ECONOMIC, AND RELATED IMPACTS OF THE PROPOSED INITIATIVE MEASURE, CURRENTLY IN CIRCULATION, SEEKING TO PHASE-OUT AND PERMANENTLY BAN NON-HOSTED SHORT-TERM VACATION RENTALS IN NON-EXEMPT AREAS BY JANUARY 1, 2025 RECOMMENDATION Order a report, pursuant to California Elections Code section 9212, to assess the fiscal, economic, and related impacts of the proposed initiative measure, currently in circulation, seeking to phase-out and permanently ban non-hosted short-term vacation rentals in non-exempt areas by January 1, 2025; and authorize the City Manager to enter into a professional services agreement with a qualified firm to prepare the report at the recommendation of the City’s Executive Team. EXECUTIVE SUMMARY A citizens’ initiative petition is currently being circulated to phase-out and permanently ban non-hosted short-term vacation rentals (STVRs) in non- exempt areas by January 1, 2025. Pursuant to California Elections Code section 9212, during the circulation of the petition, Council may refer the proposed initiative measure to a city agency or agencies to prepare a report evaluating its potential impacts. On March 1, 2022, as part of the Study Session to update and inform the Council on the STVR program and submittal of a citizen-sponsored initiative relating to STVRs, Staff was directed to place on the agenda the consideration of ordering a Section 9212 report. FISCAL IMPACT Costs to procure professional services to conduct the impact analysis and prepare the report are estimated between $25,000 and $40,000; funds are available in the City Manager’s fiscal year (FY) 2021-22 Contingency for Operations budget (Account No. 101-1002-60510). BUSINESS SESSION ITEM NO. 1 193 BACKGROUND/ANALYSIS On November 3, 2021, a citizens’ intent to circulate a petition was filed with the City’s Elections Office/City Clerk, proposing an ordinance to amend the La Quinta Municipal Code (Code) to phase-out and permanently ban STVRs in all residential districts in the City, with specified exceptions. After receiving a title and summary for this proposed initiative measure from the City Attorney and then commencing the circulation process, the citizens’ group proposing the initiative measure officially withdrew that petition on January 12, 2022. On January 12, 2022, the same citizens’ group filed a new citizens’ intent to circulate a petition, proposing an ordinance to amend the Code to phase-out and permanently ban non-hosted STVRs in non-exempt areas by January 1, 2025. While the new (current) proposed ordinance in circulation has similar provisions to the previously submitted proposed initiative measure, the two are not identical and have substantively different provisions. To date, all filings have been timely submitted for the proposed ordinance currently in circulation, and the proponents have 180 days from January 27, 2022, to obtain the requisite number of signatures (10% of the registered voters) to qualify the proposed initiative measure for the ballot. Pursuant to California Elections Code section 9212, during the circulation of the petition, Council may refer the proposed initiative measure to a city agency or agencies to prepare a report evaluating its potential impacts. On March 1, 2022, Council directed staff to place on the agenda the consideration of ordering a Section 9212 report relating to the currently circulated proposed initiative measure. Staff contacted five (5) firms – Pannel Kerr Forster (Houston, TX), TXP Economic and Public Consulting (Austin, TX), Development Management Group (Palm Desert, CA), Dan Runyan Associates (Portland, OR), and Tourism Economics (Wayne, PA). As of this writing, two firms have committed to submit proposals identifying proposed scope of work, timeline to conduct the analysis and prepare the report, and associated costs. A City selection committee comprised of the City’s Executive Team, will review the proposals, conduct interviews, and recommend to the City Manager the approval of the firm that receives the highest ranking based on criteria for awarding a professional services agreement. Staff will provide an update on the scope, timeline, and costs related to this report once a firm has been selected. ALTERNATIVES As Council directed staff to agendize an item to consider the ordering of a Section 9212 report, staff does not recommend an alternative. Prepared by: Monika Radeva, City Clerk Approved by: Jon McMillen, City Manager 194 City of La Quinta CITY COUNCIL MEETING: March 15, 2022 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO ADD SENIOR BUILDING INSPECTOR/PLANS EXAMINER POSITION AND RECEIVE AND FILE FISCAL YEAR 2021/22 MID-YEAR BUDGET REPORT, APPROVE THE RECOMMENDED BUDGET ADJUSTMENTS, AND DESIGNATE RESERVE FUNDING ALLOCATIONS RECOMMENDATION A.Adopt a resolution to approve a new Senior Building Inspector/Plans Examiner position. B.Receive and file fiscal year 2021/22 Mid-Year Budget Report; approve the recommended budget adjustments, and designate reserve funding allocations. EXECUTIVE SUMMARY The 2021/22 Mid-Year Budget Report (Attachment 1) provides an update of the City’s fiscal activities from July to December 2021. The Mid-Year Budget Report includes revenue and expenditure adjustments in 7 funds, personnel adjustments, and adding one new position. Staff recommends allocating $2,000,000 of General Fund Unassigned Fund Balance to make an additional discretionary payment to pay down the City’s unfunded pension obligations. FISCAL IMPACT Staff recommended adjustments in 7 funds are: Fund #Fund Name Revenues Expenses 101 General Fund 6,385,000$ 597,300$ 501 Facility & Fleet Replacement Fund - 15,000 502 Information Technology Fund - 47,000 201 Gas Tax Fund - 50,000 202 Library and Museum Fund 1,200 75,990 601 SilverRock Fund 30,000 30,000 602 SilverRock Reserve Account - 30,000 TOTAL ADJUSTMENTS ALL FUNDS 6,416,200$ 845,290$ BUSINESS SESSION ITEM NO. 2 195 BACKGROUND/ANALYSIS Throughout the fiscal year each Department monitors their budget and proposes adjustments to reflect current conditions and ongoing operational needs. Requests are reviewed and discussed with the City Manager and Directors before recommendations are presented in the Budget Report (Attachment 1). Funds with no adjustments have been excluded. ALTERNATIVES Council could delay, modify, or reject the requested budget amendments. Prepared by: Claudia Martinez, Finance Director Approved by: Jon McMillen, City Manager Attachment: 1. 2021/22 Mid-Year Budget Report 196 RESOLUTION NO. 2022 - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING FISCAL YEAR 2021/22 ADOPTED SALARY SCHEDULE TO INCLUDE A SENIOR BUILDING INSPECTOR/PLANS EXAMINER WHEREAS, on June 3, 2020, City Council approved to defund the vacant Plans Examiner/Inspector Supervisor position; and WHEREAS, the City’s Personnel Policy Section 3.5, Preparation and Adoption of Compensation Plan, requires amendments to the salary schedule be adopted by a Resolution of the City Council; and WHEREAS, on December 7, 2021, the City Council approved and adopted the 2021/22 salary schedule; and WHEREAS, the 2021/22 salary schedule will be updated to reflect the Plans Examiner/Inspection Supervisor position and its new working title to Senior Building Inspector/Plans Examiner. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City does hereby approve the fiscal year 2021/22 salary schedule reflecting the Senior Building Inspector/Plans Examiner, attached hereto as Exhibit A, and incorporated herein by reference. SECTION 2. This Resolution shall become effective upon adoption. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 15th day of March, 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 197 Resolution No. 2021 – xxx Add Senior Building Inspector/Plans Examiner Position Adopted: March 15, 2022 Page 2 of 2 ________________________ 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 198 2021/22 Salary Schedule WORKING TITLE DBM STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 Administrative Assistant Maintenance Worker I A11 $ 39,594.09 $ 41,573.79 $ 43,553.50 $ 45,533.20 $ 47,512.91 $ 49,125.13 $ 50,737.35 $ 52,349.57 $ 53,961.79 $ 55,574.03 Maintenance Worker II A12 $ 43,561.90 $ 45,740.00 $ 47,918.09 $ 50,096.19 $ 52,274.28 $ 54,048.05 $ 55,821.82 $ 57,595.59 $ 59,369.36 $ 61,143.14 Administrative Technician Community Resources Coordinator Management Assistant Traffic Signal Technician B21 $ 51,509.43 $ 54,084.91 $ 56,660.38 $ 59,235.85 $ 61,811.32 $ 63,908.82 $ 66,006.32 $ 68,103.82 $ 70,201.32 $ 72,298.82 Account Technician Building Inspector I Code Compliance Officer I Administrative Technician Permit Technician B22 $ 55,477.24 $ 58,251.10 $ 61,024.96 $ 63,798.82 $ 66,572.68 $ 68,831.73 $ 71,090.78 $ 73,349.83 $ 75,608.88 $ 77,867.93 Building Inspector II Code Compliance Officer II Construction Inspector Maintenance & Operations Technician B23 $ 59,445.05 $ 62,417.30 $ 65,389.55 $ 68,361.81 $ 71,334.06 $ 73,754.66 $ 76,175.26 $ 78,595.86 $ 81,016.46 $ 83,437.04 Community Resources Specialist Deputy City Clerk Junior Accountant Maintenance Foreman Management Specialist Parks/L&L Foreman Plans Examiner B24 $ 64,914.69 $ 68,160.43 $ 71,406.16 $ 74,651.89 $ 77,897.63 $ 80,540.90 $ 83,184.17 $ 85,827.44 $ 88,470.71 $ 91,113.99 Accountant Management Specialist B25 $ 71,645.28 $ 75,227.54 $ 78,809.80 $ 82,392.07 $ 85,974.33 $ 88,891.79 $ 91,809.25 $ 94,726.71 $ 97,644.17 $ 100,561.65 Animal/Code Officer Supervisor Senior Building Inspector/Plans Examiner B32 $ 71,645.28 $ 75,227.54 $ 78,809.80 $ 82,392.07 $ 85,974.33 $ 88,891.79 $ 91,809.25 $ 94,726.71 $ 97,644.17 $ 100,561.65 WORKING TITLE DBM STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14 Assistant Construction Manager Associate Planner Community Resources Analyst Sr. Emergency Management Coordinator Financial Services Analyst Human Resources Analyst Management Analyst Traffic Operations Analyst C42 $ 78,471.50 $ 81,741.41 $ 85,011.32 $ 88,281.22 $ 91,551.13 $ 94,817.11 $ 98,089.38 $ 100,933.97 $ 103,778.56 $ 106,623.15 $ 109,467.74 $ 112,312.33 $ 115,156.92 $ 118,001.50 Associate Engineer Senior Planner C44 $ 88,163.52 $ 91,837.30 $ 95,511.07 $ 99,184.85 $ 102,858.62 $ 106,527.99 $ 110,204.41 $ 113,400.33 $ 116,596.25 $ 119,792.17 $ 122,988.09 $ 126,184.01 $ 129,379.93 $ 132,575.88 Accounting Manager Building Official Community Resources Manager Hub Manager Marketing Manager Planning Manager Public Safety Manager D61 $ 100,013.65 $ 104,181.21 $ 108,348.78 $ 112,516.35 $ 116,683.92 $ 120,846.49 $ 125,017.06 $ 128,642.55 $ 132,268.04 $ 135,893.53 $ 139,519.02 $ 143,144.51 $ 146,770.00 $ 150,395.50 Facilities Deputy Director D63 $ 110,265.05 $ 114,859.80 $ 119,454.54 $ 124,049.29 $ 128,644.03 $ 133,233.26 $ 137,831.31 $ 141,828.42 $ 145,825.53 $ 149,822.64 $ 153,819.75 $ 157,816.86 $ 161,813.97 $ 165,811.07 City Clerk Community Resources Director Director (Business Unit/Housing Development) Design & Development Director Finance Director/City Treasurer Public Works Director/City Engineer E82 $ 132,818.51 $ 138,353.05 $ 143,887.60 $ 149,422.15 $ 154,956.70 $ 160,484.60 $ 166,023.13 $ 170,837.80 $ 175,652.47 $ 180,467.14 $ 185,281.81 $ 190,096.48 $ 194,911.15 $ 199,725.80 City Manager F101* $ 180,712.41 $ 188,242.70 $ 195,772.98 $ 203,303.27 $ 210,833.56 $ 218,354.81 $ 225,890.51 $ 232,441.33 $ 238,992.15 $ 245,542.97 $ 252,093.79 $ 258,644.61 $ 265,195.43 $ 271,746.25 Per Meeting Monthly Recreation Leader A01 $15.00 $15.75 $16.50 $17.25 $18.00 $0.00 $2,800.00 Senior Recreation Leader A02 $19.00 $19.95 $20.90 $21.85 $22.80 $50.00 $2,300.00 Administrative Technician B21 $24.76 $26.00 $27.24 $28.48 $29.72 $75.00 Software Program Report Writer B24 $31.21 $32.77 $34.33 $35.89 $37.45 $100.00Planning Commission FULL-TIME EMPLOYEES (ANNUAL) Council Members Boards and Commission Members Construction Appeals & Oversight Board Housing Commission Community Services & Financial Advisory Commission PART-TIME EMPLOYEES (HOURLY)Elected Official Positions Mayor FULL-TIME EMPLOYEES (ANNUAL) City Council Approval 03/15/2022 12/07/2021 Effective Date 03/15/2022 01/01/2022 RESOLUTION NO. 2022-XXX EXHIBIT A ADOPTED: MARCH 15, 2022 199 200 a Fiscal Year 2021/22 Mid-Year Budget Report SUMMARY The annual budget is a living document, which allows for flexibility and adjustments to accommodate current business needs and updated projections. Budget reports are presented to provide ongoing oversight of public funds, relate current and upcoming activities, and request funding adjustments. All funds are continuously monitored; this report discusses funds with budgetary adjustments. Funds with no adjustments have been excluded. The 2021/22 budget was adopted with a conservative outlook, assuming a gradual recovery of the economy. Ongoing pandemic restrictions and health and safety regulations will continue to shape future revenue sources, but our economy has proven to be more resilient and adaptive than previously anticipated. The revenue adjustments presented in this mid-year budget report are based on actual activity, which is anticipated to continue in the next fiscal year. Due to ongoing economic volatility, the 2021/22 Mid-Year Budget Report has several adjustments, which are detailed in Exhibits 1 and 2. The recommended adjustments are largely derived from year-to-date revenues collected and expenses incurred, program activities, and operational needs. GENERAL FUND REVENUES General Fund revenue adjustments summarized below total $6,385,000. Adjustments reflect updated projections based on last fiscal year actuals and year-to-date activity. Revenue Description Adjustment Property Taxes, RPTTF Pass Through 400,000$ State Sales Taxes 500,000 Measure G Sales Taxes 800,000 TOT- Hotels 1,500,000 TOT- Short-Term Vacation Rentals 2,000,000 Building Permits 540,000 Public Works Permits 330,000 Administrative Citations 315,000 TOTAL REVENUE ADJUSTMENTS 6,385,000$ ATTACHMENT 1 201 The largest of the revenue adjustments are focused on the top three General Fund revenue sources, which are property taxes, sales taxes, and transient occupancy taxes (TOT). Property Taxes – An increase of $400,000 in Redevelopment Property Tax Trust Fund (RPTTF) payments is requested due to current year-to-date activity. These property tax payments reflect distribution of residual amounts after recognized obligations of the former RDAs have been paid and are coming in higher than original estimates due to current real estate market trends. Sales Taxes - Sales tax revenues have been stronger than anticipated, mostly due to continued spending on taxable goods and we anticipate this trend for the remainder of the fiscal year. Notwithstanding unanticipated economic impacts, revised projections estimate the City could receive an additional $1,300,000 in sales tax revenue by year-end; of this amount $500,000 is derived from the State sales tax rate and $800,000 is derived from local Measure G sales taxes. TOT - Current Short-Term Vacation Rental (STVR) and hotel TOT revenue projections were conservative given the unknown impacts of the pandemic and restrictions. The recommended increase of $2,000,000 for STVR and $1,500,000 for hotel TOT is based on revenues collected during the first six months of the fiscal year and moderate activity for the remainder of the fiscal year. Licenses and Permits – An increase of $570,000 in building permits and $330,000 in public works permits is recommended based on increased current year to date building activity in private residential tract developments and commercial projects. Fines and Other Taxes – Due to continued monitoring and compliance of the STVR program, revenue from administrative citations has been higher than anticipated, therefore an increase of $315,000 is recommended. All revenue projections will continue to be monitored during the Spring of 2022 and an additional update shall be provided during the 2021/22 Third Quarter Budget Report. 202 EXPENDITURE ADJUSTMENTS Expenditure adjustments are recommended for unanticipated expenses, the replacement of equipment, personnel adjustments, and to avoid budget overruns based on updated operational needs. A summary by fund is provided below and itemized in Exhibits 1 and 2. City Clerk – An increase of $10,000 for the printing costs of the annual festivals and Good Neighbor brochures is needed to inform residents of upcoming events and updates to the Short-Term Vacation Rental program. Community Resources – The Human Resources division is requesting an additional $20,000 for recruiting/pre-employment for additional resources needed for advertising, screening, and onboarding open positions. The Fire division is requesting an additional $52,300 to account for the purchase of a new vehicle for the addition of the Fire Marshall position including retrofitting costs. Marketing – Based on the new estimated revenue projections, an increase of $100,000 is requested to fulfill the contractual obligation under the Joint Powers Agreement with the Greater Palm Springs Convention and Visitors Bureau (GPSCVB), which is based on TOT revenues received by member agencies. Design and Development – Online payments have continued to increase, despite restrictions being lifted from the pandemic. An increase of $40,000 is reflective of both credit card and e-check fees. Based on the increase of building activity resulting in an overall increase of permits issued and inspection requests, the Building division is requesting an additional $150,000 in Plan Check review consulting services to assist with increased demand while vacant positions are being filled. Fund Expense Adjustment General Fund 597,300$ Facility & Fleet Replacement Fund (Fund 501)15,000 Information Technology Fund (Fund 502)47,000 Gas Tax Fund (Fund 201)50,000 Library and Museum Fund (Fund 202)75,990 SilverRock Fund (601)30,000 SilverrRock Reserves Account (Fund 602)30,000 TOTAL ADJUSTMENTS ALL FUNDS 845,290$ 203 Public Works – Additional funding of $30,000 is requested for the Parks Division due to upgrades for landscape lighting at parks and City Hall and tree removals to be completed by the end of the fiscal year. Fritz Burns pool has seen an increase in gas usage which has resulted in the need for a $20,000 budget increase to end the fiscal year. For the Public Works Development Services division, a combined total of $17,000 to account for additional demand of on-call map checking services and public notice requirements. The Streets division is requesting an additional $2,000 to increase the travel and training budget to allow for required equipment operator certification training. A combined increase of $16,000 is requested for the Engineering services division to account for contract services for the Regional Scour Analysis project and for increased operating supply activity. This report includes recommended personnel adjustments in the Community Resources and Design and Development departments with a total fiscal impact of $140,000 for the remainder of this fiscal year. The request includes the conversion of a part time to full time Administrative Technician, three full time temporary Wellness Center/Events Coordinator positions, one Senior Building Inspector/Plans Examiner, and two Permit Technicians. INTERNAL SERVICE FUNDS (ISF) ISF are used to account for activities involved in rendering services to departments within the City. Adjustments are recommended for two of the four ISF. Expense adjustments would be funded from available fund balances in each Fund. Facility and Fleet Replacement Fund – An increase of $5,000 is requested to cover the costs associated with retrofitting the recently purchased vehicles. In addition, $10,000 is requested to cover unanticipated truck and heavy equipment repairs. Information Technology Fund – The City added a new internet line at City Hall, along with internet connectivity at the X-Park; an increase of $35,000 is needed for this fiscal year. 204 SPECIAL REVENUE FUNDS Special Revenue Funds account for specific revenues and their related expenditures that are legally required to be held in separate funds. Revenues are derived from developer impact fees, property tax assessments, State and Federal programs, housing income, or operations. These restricted funds are for road repairs, recycling programs, art in public places, housing activities, police programs, and the administration of retiree benefits through trusts. Expense adjustments without matching revenue adjustments would be funded from available fund balances in each Fund. Gas Tax Fund – The Streets division is responsible for 137 miles of street, 121 miles of sidewalk, 4,600 signs, 378 catch basins, and response to graffiti citywide. In order to maintain adequate safety levels and move to a proactive approach on maintenance that has been deferred on City streets, sidewalk repair, and open stormwater work orders the Public Works Department is requesting funding for 3 full time temporary Maintenance Worker I positions in the amount of $50,000 for the remainder the fiscal year. Library and Museum Fund – A request of $1,200 for MakerSpace membership fees is recommended due the slight increase in memberships from the projected budget. In the Winter of 2021, the Library experienced HVAC and chiller system issues which resulted in the need for emergency replacement and repairs, therefore an increase of $35,000 is needed. A combined total of $40,990 is recommended to reflect the final MOU contract amounts for Museum and MakerSpace operations. SilverRock Fund – A request for $30,000 is needed for a new server at the SilverRock Golf Course. This unanticipated expense is due to the need to replace an outdated server in order to meet Payment Card Industry Data Security Standards or PCI compliance requirements. This funding will come from the SilverRock Reserve Fund, which was established for capital expenditures. GENERAL FUND RESERVES General Fund reserve balances were discussed during the 2020/21 General Fund Fiscal Year-End Budget Report and will be confirmed in the 2020/21 Annual Comprehensive Financial Report (ACFR). The Reserve Policy requires 205 an annual review of reserves and funding levels during the mid-year budget process. Reserve funding generally comes from excess revenues over expenditures including one-time revenue and may be allocated to reserves as directed by Council until target levels are reached. Once all targets are funded, funds will remain in unassigned fund balance. At this time, all four of the City’s reserve categories (Natural Disaster, Economic Disaster, Cash Flow and Capital Replacement) are fully funded to policy targets. A review of the City’s Reserve Policy is scheduled to occur in Fall of 2022 which will also include a review of CalPERS updated actuarial reports for fiscal year ending in 06/30/2021 which are released each year in August. The following is a summary of committed reserves as of June 30, 2021. In February of 2021, Council approved the use of a combination of Measure G reserves and Unassigned reserves to fund the advanced construction of the Highway Bridge Program for the Dune Palms Bridge project in the amount of $14,936,122. The amount appropriated from Unassigned reserves is $7,468,061, which brings the available Unassigned reserve balance to $16,773,505. Staff recommends appropriating an additional $2,000,000 from the Unassigned reserves balance to pay down the unfunded pension liability. To date, the total outstanding pension obligation of roughly $15.7 million will be adjusted due to previous additional payments approved by Council in the amount of $1.5 million. Council may choose the recommendation presented, alter the amount allocated, request additional alternatives, or not allocate additional funds at this time. Reserve Category Current Target Surplus/(Deficit) Cash Flow Reserve 5,000,000 5,000,000 - Natural Disaster Reserve 10,000,000 10,000,000 - Economic Disaster 11,000,000 11,000,000 - Capital Replacement Reserve 10,000,000 10,000,000 - Pension Trust Benefits 11,381,922 10,000,000 1,381,922 47,381,922 46,000,000 1,381,922 Unassigned Fund Balance 24,241,566 206 City of La Quinta FY 2021/22 Recommended Second Quarter Budget Adjustments Exhibit 1 Account No. Description Revenues Expenses FINANCE Tax Revenues 101-0000-40315 Property Taxes - RPTTF Pass Through 400,000 101-0000-41320 State Sales Taxes 500,000 101-0000-41326 Measure G Sales Taxes 800,000 101-0000-41400 TOT - Hotels 1,500,000 101-0000-41401 TOT - Short-Term Vacation Rentals 2,000,000 Licenses and Permits 101-0000-42400 Building Permits 540,000 101-0000-43632 Public Works Permits 330,000 Fines and Other Taxes 101-0000-42700 Administrative Citations 315,000 CITY CLERK 101-1005-60410 Printing 10,000 COMMUNITY RESOURCES 101-1004-60129 Recruiting/Pre-Employment 20,000 101-2002-71031 Fire, Vehicles 52,300 MARKETING 101-3007-60151 Greater Palm Springs Convention & Visitors Bureau 100,000 DESIGN AND DEVELOPMENT 101-6001-60122 Credit Card/Electronic Check Fees 40,000 101-6003-60118 Plan Checks 150,000 PUBLIC WORKS 101-3005-60431 Parks, Materials/Supplies 30,000 101-3005-61100 Fritz Burns Pool Utilities- Gas 20,000 101-7002-60183 Map/Plan Checking 15,000 101-7002-60450 Advertising 2,000 101-7003-60320 Travel & Training 2,000 101-7006-60103 Professional Services 15,000 101-7006-60420 Operating Supplies 1,000 PERSONNEL ADJUSTMENTS Community Resources 101-1004-50101 Permanent Full Time 15,000 101-3002-50251 Temporary 30,000 101-3003-50251 Temporary 30,000 Design & Development 101-6003-50101 Permanent Full Time 25,000 101-6006-50101 Permanent Full Time 40,000 TOTAL GENERAL FUND 6,385,000 597,300 General Fund (101) 207 City of La Quinta FY 2021/22 Recommended Second Quarter Budget Adjustments Exhibit 2 Account No. Description Revenues Expenses 501-0000-60675 Parts, Accessories, & Upfits 5,000 501-0000-60676 Vehicle Repair & Maintenance 10,000 Account No. Description Revenues Expenses 502-0000-61400 Cable/Internet - Utilities - 35,000 502-0000-60301 Software Licences 12,000 Account No. Description Revenues Expenses 201-7003-50251 Temporary 50,000 Account No. Description Revenues Expenses 202-0000-42218 MakerSpace Memberships 1,200 202-3004-60667 Library, HVAC 35,000 202-3006-60105 Museum Operations 19,500 202-3006-60420 Operating Supplies 5,000 202-3009-60105 MakerSpace Operations 16,490 Account No. Description Revenues Expenses 601-0000-49500 Transfer In 30,000 - 601-0000-80100 Machinery and Equipment - 30,000 Account No. Description Revenues Expenses 602-0000-99900 Transfers Out - 30,000 TOTAL ALL FUNDS 31,200 247,990 INTERNAL SERVICE FUNDS Information Technology Fund (502) Facility & Fleet Replacement Fund (501) SPECIAL REVENUE FUNDS Library and Museum Fund (202) SilverRock Fund (601) SilverRock Reserve Account (602) Gas Tax Fund (201) 208 City of La Quinta CITY COUNCIL MEETING: DEPARTMENTAL REPORT TO: Madam Mayor and Members of the City Council FROM: City Attorney’s Office William H. Ihrke, City Attorney DATE: March 15, 2022 SUBJECT: Informational Update: California Senate Bill 9 Power Point Presentation to Planning Commission Regarding Housing Development Approvals At the request of City Staff, the City Attorney’s Office presented the attached Power Point summary of Senate Bill 9 (stats. 2021, ch. 162 (SB 9)) at the Planning Commission’s March 8, 2022, regular meeting. SB 9 relates to ministerial approvals of certain qualifying applications for duplexes and lot- splits, among other provisions. SB 9 went into effect on January 1, 2022. A copy of the Power Point presentation is attached. At the Council’s request, the City Attorney will be available to provide a verbal recap of the presentation and summary of the law, if desired. * * * Attachment: SB 9 Presentation by Rutan & Tucker, LLC DEPARTMENTAL REPORT ITEM NO. 2 209 18575 Jamboree Road, 9th Floor, Irvine, CA 92612 | 714‐641‐5100  SB 9 (Statutes of 2021) Presented to City of La Quinta Planning Commission March 8, 2022 Bill Ihrke / City Attorney / Rutan & Tucker, LLP bihrke@rutan.com 18575 Jamboree Road, 9th Floor, Irvine, CA 92612 | 714‐641‐5100  Senate Bill 9 (Stats. 2021, Ch. 162) • Ministerial Approval for Eligible Duplexes and Lot Splits, subject to Objective Standards •SB 9 Duplex (Two-Unit) Housing Development (Gov. Code §65852.21): • Demolition of existing structure restricted to only 25% of existing exterior structural walls, unless city ordinance allows more or unoccupied for 3+ years • Rentals must be longer than 30 days • May require a percolation test if residential units will be connected to onsite wastewater system • Units at least 800 sq.ft. ATTACHMENT 1 210 18575 Jamboree Road, 9th Floor, Irvine, CA 92612 | 714‐641‐5100  Senate Bill 9 (continued) • SB 9 Lot-Split (Gov. Code §66411.7): • Two new parcels must be relatively equal in size (60%/40% maximum split) and at least 1,200 sq.ft. (unless local ordinance allows less) • Applicant must sign affidavit to occupy one unit from Lot Split as a principal residence for 3 years (exception for land trust or qualified nonprofit) (no other owner-occupancy requirements allowed) • Rentals must be longer than 30 days • No more than 2 units allowable on Lot-Split parcels • Cannot deny permit based on nonconforming use 18575 Jamboree Road, 9th Floor, Irvine, CA 92612 | 714‐641‐5100  Senate Bill 9 (continued) • SB 9 Duplex and Lot-Split Criteria Requirements: • No more than 2 units on single-family zoned parcel • Parcel in a city with boundaries to urbanized area or urban cluster (US Census Bureau Data) • City may impose objective zoning, subdivision, and design review standards, provided that: • No setback can be required for existing structure or structure constructed in the same location • Side and rear setbacks up to 4 feet are allowed • Off-street parking up to 1 space per unit unless within ½ mile of high-quality transit corridor or major transit stop, or within 1 block of a car share vehicle 211 18575 Jamboree Road, 9th Floor, Irvine, CA 92612 | 714‐641‐5100  Senate Bill 9 (continued) • Definition of “objective zoning, subdivision, and design review standards”: • Standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. • These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. 18575 Jamboree Road, 9th Floor, Irvine, CA 92612 | 714‐641‐5100  Senate Bill 9 (continued) • SB 9 Duplex & Lot-Split / Grounds for Denial: • Parcel(s) located in environmentally unsafe or sensitive area, as specified in Government Code Section 65913.4(a)(6)(B)-(K), such as wetlands, a high or very high fire severity zone, a hazardous waste site, an earthquake fault zone, a flood plain or floodway, and lands under a conservation easement • Parcel(s) requires demolition or alteration of any affordable housing, rent-controlled housing, housing that was withdrawn from rent within the last 15 years, or housing occupied by a tenant in the last 3 years 212 18575 Jamboree Road, 9th Floor, Irvine, CA 92612 | 714‐641‐5100  Senate Bill 9 (continued) • SB 9 Duplex & Lot-Split / Grounds for Denial (continued): • Parcel(s) designated as a historic landmark or within a designated historic district • A proposed SB 9 Lot-Split parcel has already been subject to an SB 9 Lot-Split • A proposed SB 9 Lot-Split is adjacent to a parcel created through an SB 9 Lot-Split if the owner or any person acting in concert with the owner subdivided the adjacent parcel 18575 Jamboree Road, 9th Floor, Irvine, CA 92612 | 714‐641‐5100  Senate Bill 9 (continued) • SB 9 Duplex & Lot-Split / Grounds for Denial (continued): • A specific, adverse impact, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact; • Must have written findings based upon a preponderance of the evidence (Housing Accountability Act, Gov. Code §65589.5) • SB 9 Ministerial Approval = No CEQA Review • Tentative Map Extensions for 12 Months (Gov. Code §66452.6) 213 18575 Jamboree Road, 9th Floor, Irvine, CA 92612 | 714‐641‐5100  Questions? 214 REPORTS AND INFORMATIONAL ITEM NO. 30 215 216 Palm Springs Airport Commission Report – February 16, 2022 Meeting    City Manager Report – Justin Clifton reminded the Commission that over 500 homeless have been  seen at the access center with minimal impact to local business. Palm Springs is now the fast track  to retrofit a city building within 12‐24 months to a new navigational center.  Secondly, wait until the new Airport Executive Director is appointed before the City Council will  consider the requests from certain Airport Commissioners for a weekend retreat offsite to discuss  the future of PSP Airport. (I cannot even imagine them having the nerve to request this. They feel  so entitled.)  Discussion and Action Items:  Air Service Incentive Program – has now been passed.   Turf Conversion Update – The timeline on the Demonstration Garden from the Garden Fountain to  the parking lot has now been escalated by the state due to need for drought resistant landscaping.   Interim Airport Executive Director Report – Harry Barrett Jr. was focused on the Airport Capital  Improvement Plan and had 4 key points to make:    Airport continues to strive for a hybrid methodology – shared use concept ‐ 60% to the airlines  and 40% to the airport. I feel that PSP doesn’t have enough lift for any airline to feel territorial  about the gates that it uses. PSP is certainly not LAX and doesn’t have dominance by any airline  and they should expect to share gates based on best utilization of gates based on flight times  and equipment.   Airport is still hoping that City Council will support the $9 per vehicle concept per day for up to  4 day maximum instead of $4.50 per transaction. Car rental companies would still prefer a  median rate since ground has not been broken yet on the new car rental building on airport  property.   During the month of January 2022 parking capacity was at 50% ‐ each month can vary.       Financial Summary Update – Victoria Carpenter, Airport Administration Manager   Decrease of 14% on pax for month of January 2022 compared to 2020 based on flights  cancelled due to weather or lack of staffing.   Budget Projections for balance of financial year are to exceed revenue projections and be  under on expenses.    For month ending Jan. 31, 2922 Fund 405 rental cars was $647,843 which shows the  importance of budget success on this one component of the airport. Fund 410 – Passenger  facility was 1400% over last January but that is due to COVID.  Best news is that Fund 415  Operations & Maintaince is 62% compared to 2021.    Reminder that CARES Act Fund expires May 10 2024 – Commissioners requested a breakdown  of how funds can be spent and also a legal opinion on how the funds would be best allocated.  Marketing Update – Daniel Meier – Deputy Director Marketing ‐  Now have 16 year‐round routes  instead of 10. January was hurt due to flight cancellations and COVID.  217   Concession RFP Update – Kim Baker and Rawley Vaughn encouraged national partners to work  with ocal brand representation. They are not as confident as they were in 2019. PSP must  understand they are a small boutique airport – major concessionaires will not respond due to  staffing issues and it will take 2 years to gain more RFP’s. Some commissioners want to be sure that  we provide LGBTQ fairness as 60% of community is Gay. (Perhaps PS is but this needs to be  weighted by rest of the valley that depends on this airport. This airport also caters to a larger  number of senior travelers yet I have not heard any mention of more disabled ramps, restrooms or  any other consideration be given to them.)  Right now focus of concessionaires is large hub  airports. The City of PS might elect to stay with incumbent for another year or two and then send  out to rebid. This must be economically viable – does a small company have the appetite to invest  financially or staffing in PSP?  A key factor would be if the CARES Act funding be leveraged to assist  in and in what ways applied to the process?  This could be critical for immediate future.      Next Airport Commission Meeting is scheduled for March 16,2022 at 5:30 pm via teleconference.  218 HAND OUTS CITY COUNCIL MEETING MARCH 15, 2022 CITY COUNCIL MEETING - MARCH 15, 2022 - HAND-OUT BY STAFF - DVBA LETTER OF SATISFACTION DATED 3/14/2022 CONSENT CALENDAR ITEM NO. 11 - FY 2020/21 DEVELOPMENT IMPACT FEE REPORT POWER POINTS CITY COUNCIL MEETING MARCH 15, 2022 March 15, 2022 1 City Council Meeting March 15, 2022 Pledge of Allegiance 1 2 March 15, 2022 2 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 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 3 4 March 15, 2022 3 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 City Council Meeting March 15, 2022 Presentations 5 6 March 15, 2022 4 City Council Meeting March 15, 2022 Employee Recognition 7 US Air Force  – Basic Military Training 8 7 8 March 15, 2022 5 Basic Military Training Graduation  9 Reunited with Family 10 9 10 March 15, 2022 6 11 Welcome  back Chris! Thank you for  your service 12 11 12 March 15, 2022 7 City Council Meeting March 15, 2022 P1 – Acrisure Arena Update AMERICA’S HOTTEST MUSIC FESTIVAL DESTINATION IS FINALLY GETTING THE WORLD-CLASS ARENA IT DESERVES Oak View Group OPENING LATE 2022 13 14 March 15, 2022 8 WE ARE THE LARGEST DEVELOPER OF SPORTS & ENTERTAINMENT FACILITIES IN THEWORLD 2 $4.5 BILLION COMMITTED SPEND ON NEW DEVELOPMENTS OVER THE NEXT ARENA 3 YEARS 15 16 March 15, 2022 9 4 Led by Industry Innovators TIM LEIWEKE Leiweke is a seasonal resident of Indian Wells and a leader and veteran in the sports and entertainment industry with over 30 years of experience. He created many iconic music festivals and has also been part of championship teams in the NBA, NHL, MLS, AHL, and DEL. IRVING AZOFF zoff is a seasonal resident of La Quinta who has over 40 years experience n the entertainment industry, and Billboard has named him the most owerful person in the music industry. In 1974, he founded Front Line Management and became the exclusive manager for the likes of the Eagles, eetwood Mac, Travis Scott, Harry Styles, Christina Aguilera, Journey, Bon ovi, and Van Halen. He later became CEO of Ticketmaster,Chairman of veNation,andChairman and CEO of MSG Entertainment. 5 THE RIGHT LEADERSHIPTO MANIFEST THIS VISION 17 18 March 15, 2022 10 LEVERAGE A STRATEGIC PARTNERSHIP WITH THE POWERHOUSE PARTNER IN THE MUSIC INDUSTRY CAPABLE OF DELIVERING THE MOST EXCITING ENTERTAINMENT “Climate change is without a doubt the fight of this generation’s lives. At OVG, we believe that we, along with the whole live entertainment industry, have a unique opportunity to inspire others to take action on this era-defining issue” –TIMLEIWEKE– Co-Founder and CEO, Oak View Group 100% carbon neutral by 2025 Targeting zero waste Utilizing solar energy to power the venue The Most Progressive, Responsible and Sustainable Venues in the World COACHELLA VALLEY ARENA WILL UTILIZE THE REGION’S UNIQUE RENEWABLE RESOURCES TO STRIVE FOR CARBON NEUTRALITY 7 19 20 March 15, 2022 11 8 HIGHLY VISIBLE AND EASILY ACCESSIBLE FROM THE I-10 FREEWAY LOCATED IN THE THE COACHELLA HEART OF VALLEY. CONFIDENTIAL: FOR DISCUSSION PURPOSES ONLY Adjacent to the Classic Club: •Roads built for the PGA’s audiences of 50,000 fans •Cook St., Varner Road, and Washington St. were previously prepared to handle traffic 4x the size of our arena ✓AMPLE SIGNAGE WITH 3 MARQUEES ✓THREE PARKING ENTRANCES FROM VARNER ROAD 21 22 March 15, 2022 12 SUITES/ PREMIUM BALCONY 23 24 March 15, 2022 13 MAIN CONCOURSE 13 MAIN CONCOURSE 25 26 March 15, 2022 14 14BUNKER CLUB BUNKER CLUB VIP CLUB 15 COACHELLA VALLEY ARENA HAS BEEN DESIGNED WITH 90% OF SEATING CAPACITY LOCATED IN THE LOWER BOWL – MAXIMIZING SIGHT LINES AND HOW CLOSE OUR FANS ARE TO THE ACTION. DESIGNED TO CREATE AN INTIMATEATMOSPHERE FOR OUR FANS 11,000+ CONCERT CAPACITY 10,000+ HOCKEY CAPACITY …AND HOCKEY AN UNFORGETTABLE, INTIMATE EXPERIENCE FOR CONCERTS… 27 28 March 15, 2022 15 EVERY SEAT IS A GREAT SEAT 17 TWO ANCHOR TENANTS: MUSIC & SPORTS 29 30 March 15, 2022 16 19 MADE FOR MUSIC COACHELLA VALLEY ARENA IS BEING BUILT WITH LIVE TOURING IN MIND. EVERY DETAIL DESIGNED TO MAKE THE EXPERIENCE SECOND TO NONE. 31 32 March 15, 2022 17 PROVEN FAN DESTINATION The Coachella Valley is a proven destination attracting hundreds of thousands of fans annually for music, film, architecture, and sports. AN ARTIST OASIS Like Las Vegas, our location encourages Artists to simply ONLY do shows from our Arena and not travel from city to city as a normal tour does. Benefits to the community are more opportunities to see your favorite shows and more often. CREATING A RESIDENCY OASIS IN THE VALLEY RESIDENCIES 20 SIGN UP FOR ACRISURE ARENA INSIDERS! • Presale Passwords • Grand Opening Events Announcements • Discounts & Special Offers • Construction Updates •JobFairs • Sweepstakes to Win Tickets 33 34 March 15, 2022 18 22 BUILT FOR HOCKEY ACRISURE ARENA IS BEING BUILT WITH SPORTS AT THE FOREFRONT. OUR AHL HOCKEY TEAM WILL HAVE THE BEST OF THE BEST TRAINING ICE CONFIDENTIAL: FOR DISCUSSION PURPOSES ONLY The Firebirds inspiration as a spiritual descendant of the Kraken —acreaturebornofmythand legend — where the Kraken is hidden in the deep dark ocean below, the Firebird rises out of the flames of the desert to soar high above. In this spirit, the Firebirds embody the yang to the Kraken’s yin, opposites that complete each other — fire and ice, sea and desert. 35 36 March 15, 2022 19 Our secondary logo has nine fronds, one for each city in the Valley, uniting us all together under one banner. The primary and secondary Firebirds logos will be included in special color variants for friends, family, and neighbors in the LGBTQIA+ community. TIMELINE LATE 2022 ACRISURE ARENA OPEN FOR BUSINESS New Arena Location Announcement Groundbreaking Ceremony Firebirds Name & Logo Revealed Acrisure Arena & Logo Unveiled Firebirds Jersey Reveal Topping Out Ceremony Substantial Completion 37 38 March 15, 2022 20 ACRISURE ARENA ANNOUNCE VIDEO Acrisure Arena YouTube Channel:https://www.youtube.com/channel/UC1wzJuvOYdXb1l03WDC03yg RAISING STEEL as of January 25, 2022 Live Construction Cam at AcrisureArena.com 39 40 March 15, 2022 21 FIREBIRDS JERSEY REVEAL JANUARY 24, 2022 FIREBIRDS JERSEY REVEAL VIDEO CV Firebirds YouTube Channel:https://www.youtube.com/channel/UC2TnqN1N-q0NjJjeasNmd6w 41 42 March 15, 2022 22 STREET HOCKEY Firebirds Street Hockey Program is designed to: •Teach the Fundamentals of hockey •Discipline •Leadership Our program can accommodate players with different skill levels, from beginners to elite. Partnerships with: •After School Education and Safety (ASES) program at Coachella Valley Unified School District •YMCA •Desert Recreation District •Desert Sands Unified School District •Boys & Girls Club Retail Store Opened November 15 on El Paseo AcrossfromtheApplestore GET THE GEAR 43 44 March 15, 2022 23 Shannon Miller, VP of Branding and Community Relations at smiller@oakviewgroup.com Arturo Aviles, Community Engagement Manager at aaviles@oakviewgroup.com 45 46 March 15, 2022 24 City Council Meeting March 15, 2022 P2 – TALUS Project Update City of La Quinta – Council Meeting Update March 15, 2022 47 48 March 15, 2022 25 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 –Summer 2023 49 50 March 15, 2022 26 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 –February 2022 –Complete 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 MEP Rough Ins –February 2022 –Complete Fire Sprinkler –February 2022 –Complete Insulation –February 2022 –Complete Drywall –March 2022 –Complete Interior Paint –March 2022 –Complete Plaster –March 2022 –Complete Tile –March 2022 –Complete Millwork –March 2022 –Complete Finish MEP –In progress 51 52 March 15, 2022 27 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 Slab on Grade –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 Foundation Installation –In progress WRB Installation –In progress Slab on Grade –In progress Montage Guestrooms Area III Footing Excavation –In progress Underground Plumbing Trenching –In progress Progress Photo –Montage Hotel Framing 53 54 March 15, 2022 28 Progress Photo –Montage Spa Framing Progress Photo –Montage Guestrooms 55 56 March 15, 2022 29 Progress Photo –Montage Guestroom Area I Slabs 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 Building Construction –September 2021  Permits – Issued Subcontract issuance –In progress  Construction –In progress Curb & Gutter Construction –April 2022  Completion Phase 1 –November 2022 57 58 March 15, 2022 30 Project Status Montage Residences Construction Site Utilities Sewer Mainline –In progress 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 Fireplace Rough In –In progress Progress Photo –Montage Residences Lots 22‐26 59 60 March 15, 2022 31 Progress Photo –Montage Residences Lots 6‐8 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 –Summer 2023 61 62 March 15, 2022 32 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 Project Status Conference and Shared Services Building Construction 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 Framing –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 Framing –In progress Meeting Center Underground Electrical –November 2021 – Complete Underground Plumbing – December 2021 – Complete Foundation Excavation –In progress 63 64 March 15, 2022 33 Progress Photo –Conference and Shared Services Building 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 65 66 March 15, 2022 34 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 –February 2022 –Complete Electrical and Plumbing Rough‐In –In Progress Waterproofing –In Progress Insulation –In Progress Roofing –In Progress Progress Image –Golf Clubhouse MEP Rough In 67 68 March 15, 2022 35 Progress Image –Golf Clubhouse 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 69 70 March 15, 2022 36 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 Thank youThank you 71 72 March 15, 2022 37 City Council Meeting March 15, 2022 P3 – Burrtec Update – Compliance Efforts with SB 1383 Regulations 73 74 March 15, 2022 38 City Council Meeting March 15, 2022 B1 - 2021/22 Mid-Year Budget Report, Adopt Resolution to add position, Approve Recommended Budget Adjustments and Designate Reserve Funding Allocations 75 76 March 15, 2022 39 Mid-Year Report Content •General Fund, 2 Internal Service Funds, 4 Special Funds •Recommended Adjustments •Revenues $6,416,200 •Expenses $845,290 •Personnel Adjustments and 1 New Position •General Fund Reserves Review General Fund Revenues •Revenues for top 3 sources- stronger than anticipated •Increase in building activity & STVR compliance •Continue to monitor changes •Updates: 3rd and 4th Quarter Budget Reports Other Funds Adjustment Library & Museum Fund (202) 1,200$ SilverRock Resort Fund (601) 30,000 TOTAL 31,200$ Revenue Description Adjustment Property Taxes, RPTTF Pass Through 400,000$ State Sales Taxes 500,000 Measure G Sales Taxes 800,000 TOT- Hotels 1,500,000 TOT- Short-Term Vacation Rentals 2,000,000 Building Permits 540,000 Public Works Permits 330,000 Administrative Citations 315,000 TOTAL REVENUE ADJUSTMENTS 6,385,000$ 77 78 March 15, 2022 40 General Fund Expenses •Unanticipated & Fluctuating •Administrative Expenses •Building & Park Improvements •Personnel Adjustments Expense Description Adjustment City Clerk 10,000$ Community Resources 72,300 Marketing 100,000 Design & Development 190,000 Public Works 85,000 Personnel Adjustments 140,000 TOTAL EXPENSE ADJUSTMENTS 597,300$ Other Fund Adjustments •Unanticipated repairs and equipment •Technology improvements •Temporary personnel adjustments •Contract MOU updates •Avoid budget shortfalls & use fund balance when appropriate Fund Name Adjustment Facility & Fleet Replacement Fund-ISF 15,000 Information Technology Fund- ISF 47,000 Gas Tax Fund 50,000 Library and Museum Fund 75,990 SilverRock Resort Fund 30,000 SilverRock Reserve Account 30,000 TOTAL OTHER FUNDS 247,990$ 79 80 March 15, 2022 41 General Fund Reserves Reserve Category Current Target Surplus/(Deficit) Cash Flow Reserve 5,000,000 5,000,000 - Natural Disaster Reserve 10,000,000 10,000,000 - Economic Disaster 11,000,000 11,000,000 - Capital Replacement Reserve 10,000,000 10,000,000 - Pension Trust Benefits 11,381,922 10,000,000 1,381,922 47,381,922 46,000,000 1,381,922 Unassigned Fund Balance 24,241,566 Unassigned Fund Balance $24,241,256 Dune Palms Bridge project funding ($7,468,061) Recommended Allocation ($2,000,000) Unassigned Fund Balance $14,773,505 •100% Fully funded reserve categories •Balances as of 6/30/2021 •Use of Unassigned reserves to pay down outstanding pension obligation Recommendations •Adopt Resolution –Adding 1 position •Approve Budget Adjustments •Designate Reserve Funding Allocations 81 82 March 15, 2022 42 83 WRITTEN PUBLIC COMMENT CITY COUNCIL MEETING MARCH 15, 2022 1 From:Brad Anderson <ba4612442@gmail.com> Sent:Tuesday, March 15, 2022 2:36 PM To:City Clerk Mail Subject:Re: Written Public Comment(s) for La Quinta City Council meeting 3/15/22 - 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. **  March 15, 2022   City of La Quinta   City Council Chamber's   78495 Calle Tampico   La Quinta,  CA.  92253  Attn:  Clerk of the Board   Re:  Written letter in opposition to agenda Item: 3 (continuous removal of California's Brown Act safeguards)  Dear Current City Council members,   Opposed to the City's continued reckless activities surrounding the abandonment of California's Brown Act safeguards.  Actions to reduce/eliminate Public figures from potential corruption and other radical political indulgences of influence  that continue to potentially infect the fabric of City government by not having City elected and appointed officials  approachable (In‐person) to the Public.  It appears to be an avenue that City Council will gladly impediment while attempting to collect revenue through our  federal government under the umbrella of California's "State of Emergency" that is openly supported to continue for  sources of revenue to be awarded drectly to State agencies.   Please see the attached letter dated February 15, 2022 that has more insight into how the City of La Quinta City Council  have used it's authority to support certain actions that limit Public participation (un‐monitored meeting attendance) and  have allowed for the potential of corruption among City officials.   Sincerely,   Brad Anderson | Rancho Mirage,  CA. | ba4612442@gmail.com   Cc.  ESG  CITY COUNCIL MEETING - MARCH 15, 2022 - WRITTEN PUBLIC COMMENTS BY BRAD ANDERSON FROM RACHO MIRAGE CONSENT CALENDAR ITEM NO. 3 - OPPOSING TELECONFERENCE ACCESSIBILITY OF PUBLIC MEETINGS (AB 361)