2012 10 02 CC04 4 4 atha
City Council agendas and staff reports
are available on the City's web page:
www.la-quinta.org
CITY COUNCIL
AGENDA
CITY COUNCIL CHAMBERS
78-495 Calls Tampico I La Quinta, California
Regular Meeting
TUESDAY, OCTOBER 2, 2012
TIME 3:00 P.M. Closed Session / 4:00 P.M. Open Session
Beginning Resolution No. 2012-052
Ordinance No. 501
CALL TO ORDER
Roll Call:
Council Members: Evans, Franklin, Henderson, Osborne and Mayor Adolph
PUBLIC COMMENT
At this time, members of the public may address the City Council on any matter not listed
on the agenda. Please complete a "request to speak" form and limit your comments to
three minutes. The City Council values your comments; however in accordance with State
law, no action shall be taken on any item not appearing on the agenda unless it is an
emergency item authorized by GC 54954.2(b).
CLOSED SESSION
NOTE: Time permitting the City Council may conduct Closed Session discussions during
the dinner recess. Persons identified as negotiating parties are not invited into the Closed
Session meeting when acquisition of real property is considered.
1. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION —
PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (ONE MATTER)
RECESS TO CLOSED SESSION
RECONVENE AT 4:00 P.M.
CITY COUNCIL AGENDA t OCTOBER 2, 2017'
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT
At this time, members of the public may address the City Council on any matter not listed
on the agenda. Please complete a "request to speak" form and limit your comments to
three minutes. The City Council values your comments; however in accordance with State
law, no action shall be taken on any item not appearing on the agenda unless it is an
emergency item authorized by GC 54954.2(b).
CONFIRMATION OF AGENDA
PRESENTATIONS
1. CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL
REPORTING FOR FISCAL YEAR JUNE 30, 2011
2. PRESENTATION OF THE LA QUINTA LIBRARY AND MUSEUM QUARTERLY
REPORT FOR APRIL THROUGH JUNE 2012
3. PRESENTATION OF A PROCLAMATION IN HONOR OF FIRE PREVENTION
WEEK
WRITTEN COMMUNICATIONS — NONE
APPROVAL OF MINUTES
1. APPROVAL OF MINUTES OF SEPTEMBER 18, 2012
CONSENT CALENDAR
NOTE: Consent Calendar items are routine in nature and can be approved by one motion.
1. AUTHORIZATION OF OVERNIGHT TRAVEL FOR ONE COUNCIL MEMBER TO
ATTEND THE LEAGUE OF CALIFORNIA CITIES TASK FORCE ON LEAGUE
STRATEGIC INITIATIVES MEETINGS TO BE HELD OCTOBER 11, 2012 AND
NOVEMBER 8, 2012 IN SACRAMENTO, CALIFORNIA
2. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM THE
EVENING CREW AT PIONEER PARK
3. APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE
COACHELLA VALLEY VIOLENT CRIME GANG TASK FORCE AND THE CITY
OF LA QUINTA
00,302
CITY COUNCIL AGENDA 2 OCTOBER 2, 2012
4. ACCEPTANCE OF 2012 EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT AWARD IN THE AMOUNT OF $10,631 FROM THE
DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE
5. APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH THE LA
QUINTA ARTS FOUNDATION
6. APPROVAL OF A REIMBURSEMENT AGREEMENT WITH SAM'S REAL
ESTATE BUSINESS TRUST, A DELAWARE STATUTORY TRUST, FOR
RAISED LANDSCAPE MEDIAN IMPROVEMENTS ON DUNE PALMS ROAD
ASSOCIATED WITH SITE DEVELOPMENT PERMIT 2005-824
7. DENIAL OF CLAIM FOR DAMAGES FILED BY: ALICE DELEON; DATE OF
LOSS - MARCH 10, 2012
8. APPROVAL OF A RESOLUTION AUTHORIZING THE PROCESSING OF
DOCUMENTATION CONFIRMING THE SUCCESSOR AGENCY'S OWNERSHIP
OF CERTAIN NON -HOUSING PROPERTIES AND CONDITIONALLY
AUTHORIZING PROCESSING OF DOCUMENTATION TO REVERSE CERTAIN
PURCHASE AND SALE TRANSACTIONS PURSUANT TO HEALTH & SAFETY
CODE SECTION 34167.5
9. APPROVAL OF DEMAND REGISTER DATED OCTOBER 2, 2012
BUSINESS SESSION
1. CONSIDERATION OF AN AMENDMENT TO THE FACILITY USE AGREEMENT
WITH THE LA QUINTA ARTS FOUNDATION
2. CONSIDERATION TO APPOINT A, MEMBER TO THE DESERT CLASSIC
CHARITIES CHARITY EVALUATION COMMITTEE
3. CONSIDERATION OF ADOPTION OF A RESOLUTION OF INTENTION TO
APPROVE AND AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY
COUNCIL OF THE CITY OF LA QUINTA CHANGING THE RETIREMENT
FORMULA TO 2% AT 60
STUDY SESSION - NONE
CITY COUNCIL AGENDA
3
00�.► 3
OCTOBER 2, 2012
REPORTS AND INFORMATIONAL ITEMS
1. ANIMAL CAMPUS COMMISSION (FRANKLIN)
2. CITY COUNCIL AD HOC COMMITTEE REPORTS
3. CVAG COMMITTEE REPORTS
4. CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE (OSBORNE)
5. C.V. CONSERVATION COMMISSION (EVANS)
6. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (ROBERT COX)
7. C.V. MOUNTAINS CONSERVANCY (FRANKLIN)
8. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH)
9. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (OSBORNE)
10. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (FRANKLIN)
11. LEAGUE OF CALIFORNIA CITIES (HENDERSON)
12. GREATER PALM SPRINGS CONVENTION & VISITORS BUREAU (EVANS)
13. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (ROBERT TEAL)
14. RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE (DIANE GUNN)
15. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON)
16. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH)
DEPARTMENT REPORTS
1. CITY MANAGER
A. RESPONSE(S) TO PUBLIC COMMENTS
B. REPORT ON CITY/BROKER MEETINGS
2. PLANNING DEPARTMENT REPORT — GENERAL PLAN UPDATE
MAYOR'S AND COUNCIL MEMBERS' ITEMS — NONE
RECESS TO THE MEETING OF THE CITY AS SUCCESSOR AGENCY
TO THE DISSOLVED LA QUINTA REDEVELOPMENT AGENCY
RECONVENE AT 7.00 P.M.
PUBLIC COMMENT
At this time, members of the public may address the City Council on any matter not listed
on the agenda. Please complete a "request to speak" form and limit your comments to
three minutes. The City Council values your comments; however in accordance with State
law, no action shall be taken on any item not appearing on the agenda unless it is an
emergency item authorized by GC 54954.2(b).
PUBLIC HEARINGS
For all Public Hearings on the agenda, a completed "request to speak" form must be filed
with the City Clerk prior to consideration of that item.
CITY COUNCIL AGENDA
n
OCTOBER 2, 201200 104
A person may submit written comments to City Council before a public hearing or appear
in support or opposition to the approval of a project. If you challenge a project in court,
you may be limited to raising only those issues you or someone else raised at the public
hearing or in written correspondence delivered to the City Clerk at, or prior to the public
hearing.
1. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING PORTIONS OF
CHAPTER 3.24 "TRANSIENT OCCUPANCY TAX;" AND ADDING CHAPTER
3.25 "SHORT-TERM VACATION RENTALS" TO TITLE 3 "REVENUE AND
FINANCE" OF THE LA QUINTA MUNICIPAL CODE
ADJOURNMENT
The next regular meeting of the City Council will be held on October 16, 2012
commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. in the
City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253.
DECLARATION OF POSTING
I, Susan Maysels, City Clerk of the City of La Quinta, do hereby declare that the
foregoing agenda for the La Quinta City Council meeting was posted on the outside
entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards
at 51-321 Avenida Bermudas and 78-630 Highway 1 1 1, on September 28, 2012.
DATED: September 27, 2012
td�1.Q.Ai►��
SUSAN MAYSELS, CRY Clerk
City of La Quinta, California
Public Notices
• The La Quinta City Council Chamber is handicapped accessible. If special
equipment is needed for the hearing impaired, please call the City Clerk's Office at
777-7103, twenty-four (24) hours in advance of the meeting and accommodations
will be made.
• If special electronic equipment is needed to make presentations to the City Council,
arrangement should be made in advance by contacting the City Clerk's Office at
777-7103. A one (1) week notice is required.
CITY COUNCIL AGENDA 5 OCTOBER. 2, 2
:)�5
• If background material is to be presented to the City Council during a City Council
meeting, please be advised that eight (8) copies of all documents, exhibits, etc.,
must be supplied to the City Clerk for distribution. It is requested that this take
place prior to the beginning of the meeting.
• Any writings or documents provided to a majority of the City Council regarding any
item on this agenda will be made available for public inspection at the City Clerk
counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253,
during normal business hours.
00Jr''6
CITY COUNCIL AGENDA 6 OCTOBER 2, 2012
PRESENTATION:
La Quinta Public Library Quarterly Report
April 2012-June 2012
Circulation.
The Library circulated 77,744 items in the 4`" Quarter of 2011/2012, a 13%
increase over the same period last year. During this three-month period the Library
was open 688 hours with an average hourly circulation of 113 items.
Comparisons
2008
2009
2010
2011
2012
April
15,833
18,234
21,337
22,016
24,733
May
15,536
17,418
20,152
20,950
25,589
June
17,104
19,789
22,191
24,655
27,422
Door Count
This quarter 60,930 people visited the Library to check out materials, read
newspapers and magazines, utilize the Internet service, attend programs, do
homework, and purchase books from the Friends of the Library Book Store.
Comparisons
2008
2009
2010
2011
2012
April
11,196
15,245
20,005
21,270
21,225
May
9,988
14,422
19,138
17,138
19,391
June
9,512
14,833
19,221
17,678
20,314
New Borrowers
In the period between April 1 and June 30, staff issued 755 new library cards and
replaced 450 lost cards.
Public Computer Usage
During this quarter, 9,757 computer sessions were logged on the Library's 28
public access computers. In addition to people using library's public computers,
many people enjoy the library's free Wi-Fi service with their personal laptops.
Weekly Programming
A Preschool Storytime for children three and a half to five years old was held 13
Tuesday mornings during the quarter. A total of 586 children attended.
A weekly On -the -Lap Storytime for parents with babies and toddlers was held prior
to the Preschool Storytime. Thirteen programs were attended by 540 participants.
Thursday @ Three is a weekly series of free programs featuring professional
performers and is sponsored by the Friends of the Library. Six -hundred thirty-eight.
people enjoyed our two June programs.
The library's spring series of conversational Spanish classes ended in April. Forty-
seven people attended .the last two, sessions.
OOX) 7
In May a weekly series of English as a Second Language classes began. A total of
seven classes were attended by 116 participants.
Monthly Programs
In April, the Friends of the Library finished their An Evening with Friends program
series. Thirty people enjoyed the La Quinta jazz group, Desert Heat.
In May the Library began Family Movie Day on the second Sunday of the month.
Thirty-seven people attended our first two movies.
Special Programs
A special family program to celebrate Day of the Child/Day of the Book/Dia de fos
Ninos/ Dia los Libros was held on April 14, 2012. The Library partnered with
College of the Desert's Early Childhood Education Department and the East Valley
Childcare Consortium to provide a morning of activities starting in the park and
moving into the Library. The event inside the Library featured free books, crafts,
food, and games. The number of people participating in activities inside the library
was 995 with a much larger group outside.
A day -long Summer Reading Kick -Off was held on June 16. This year's theme was
Dream Big... Read. The first day, 172 children registered for the Reading Rewards
Program and by the end of June, 262 youth were reading and attending programs.
This year the Library offered a special reading incentive program for teens. By the
end of June fifty-five teens were actively participating in the program.
No -School -Today movies occur on days when the Library is open and students are
out of school. Our April 4, 2012 showing of the movie Puss in Boots drew a
crowd of 85 people.
Volunteers
During this quarter 68 volunteers donated 830 hours of time. This includes eleven
new student volunteers helping out in the library during their summer break
Volunteers worked in the book store, shelved returned books in the library, helped
with programs, and performed a myriad of other tasks.
Friends of the Library
The Friends of the Library continue to offer support in all areas. Library staff was
very gratefulto the Friends for supporting our Reading Rewards and Thursday @
Three programs. Their support allowed us to bring in quality performers, offer
incentives and greatly contribute to the success of these programs.
Outreach
Over 300 students from eight local elementary schools classes visited the library.
The library also to story programs. to the entire first grade at John. Adams
Elementary School:
00J08
La Quinta Library Expenditures
July 1, 2011 - June 30, 2012
Library Contract
Expenditures (LSSI)
7/1/11 to
9/30/11
10/1/11 to
12/31/11
1/1/12 to
3/31/12
4/1/12 to
6/30/12
Total
Labor & Benefits
$98,947.18
$97,192.94
$117,410.88
$98,618.91
$411,569.91
Materials, Net of
Donations
0
$1,236.67
0
0
$1,236.67
La Quinta
Collection/Books
0
$54,969.89
$32,927.79
$54,423.66
$142,321.34
Automation &
Courier
$16,278.01
$16,320.92
$19,404.31
$17,267.28
$69,270.52
Other Direct Costs
$1,263.30
$3,023.56
$4,018.61
$2,519.92
$10,825.39
Zone Administration
$6,751.33
$6,839.34
$9,973.91
$8,031.55
$31,596.13
Shared Costs
$9,072.28
$9,190.55
$12,376.63
$11,125.35
$41,764.81
Library Contract
Expenditures
$132,312.10r8,773.87
$196,112.13
$191,386.67
$708,584.77
County Expenditures
7/1/11 to
9/30/11
10/1/11 to
12/31/11
1/1/12 to
3/31/12
4/1/12 to
6/30/12
Total
Personnel
$395.01
$5.05
$2,538.61
$11,975.23
$14,913.90
Insurance
$12,838.80
$777.48
$777.48
$777.48
$14,393.76
Miscellaneous
Expenses
$3,782.11
$27.45
$110.04
$162.94
$3,919.60
Miscellaneous
Maintenance Charges
$339.35
$210.98
$120.56
$90.42
$761.31
Special Program
Expenses
$2,854.54
$6,590.95
$624.99
$160.79
$10,070.48
Accounting Costs
$61.56
$55.42
$182.27
115.44
$299.25
Travel and
Conferences
0
0
0
$19.87
$19.87
Support Services
$5,532.23
$68,134.62
$28,140.88
$19,332.45
$101,807.73
County Expenditures
$25,803.60
$75,801.95
$32,494.83
$32,634.62
$166,735.00
[TOTAL
EXPENDITURES
$158,115.70
$264,575.82
$228,606.96
$224,021.29
$875,319.77
007)oq
La Quinta Museum Quarterly Report
April 2012—June 2012
Visitors
951 people visited the museum this quarter - 679 adults and 272 children.
Exhihits
The exhibits continuing on display in the second floor galleries this quarter were
California Pioneers with an emphasis on the Civil War and Gold Fever! portraying
the California Gold Rush. Gold Fever! was replaced in May with Ladies of Lincoln's
Era. Panels with text descriptions of 13 women and their photos were rented for a
four -month run. Artifacts including civil war era fashion, medical instruments,
quilts, ladies' magazines and more were borrowed from other Southern California
museums.
The first floor gallery remained dedicated to local history including Cahuilla Indian
and native animal dioramas and displays on the early resorts.
A scavenger hunt was developed to encourage children to discover all the museum
has to offer - including a prize at the end!
Programming
Preschool Story Time for children ages three to five was held the first Wednesdays
of April, May, and June and attended by 79 children and their caretakers. These
story times and craft programs are collaboration between the Museum and the
Library.
The museum's special events attracted a total of 255 visitors. The April First
Friday with Ted Herman and his Orchestra (170) was held outside in the courtyard.
The May opening reception for Ladies of Lincoln's Era (55) included a presentation
by Dr. Bert Davidson on the role of women in medicine during the Civil War. The
La Quinta Historical Society's last program of the season in April was attended by
30 people.
The Museum hosted one field trip for adults this quarter.
The summer camp for children was held in June for six to eight year olds with a
total attendance of 72. It ran for three successive Wednesdays and focused on
animals native to La Quinta's desert including coyotes, rattlesnakes, and tortoises.
Gift Shop
Total gift shop sales this quarter were$588.
110
00
La Quinta Museum Expenditures
July 1, 2011 — June 30, 2012
Museum Personnel
7/1/11 to
10/1/11 to
1/1/12 to
4/1/12 to
Costs
9/30/11
12/31/11
3/31/12
6/30/12
Total
Salaries
$29,625.00
$29,625.00
$29,625.00
$29,625.00
$118,500.00
Total Personnel
Costs .
$29,625.00
$29,625.00
$29,625.00
$29,625.00
$118,500.00
Museum
Programming Costs
7/1/11 to
9/30/11
10/1/11 to
12/31/11
1/1/12 to
3/31/12
4/1/12 to
6/30/12
Total
Special Speaker
$5,548.50
$5,550.00
$3,486.24
$14,584.74
Printing
$1,392.56
$1,882.47
$34.55
$44.15
$3,353.73
Total Programming
Costs
$6,941.061
$7,432.471
$3,520.791
$44.151
$17,938.47
Other Costs
711/11 to
9/30/11
10/1/11 to
12/31/11
1/1/12 to
3/31/12
4/1/12 to
6/30/12
Total
Travel
$82.14
0
$461.30
$431.24
$974.68
Supplies
$14,043.37
$4,043.22
$481.02
$527.32
$19,094.93
Miscellaneous
$4,416.81
$689.77
$72.63
$6.40
$5,185.61
Total Other Costs
$18,542.32
$4,732.99
$1,014.95
$964.96
$25,255.22
TOTAL
EXPENDITURES
$55,108.38
$41,790.46
$34,160.74
$30,634.11
$161,693.69
000ii
TAY� 4 4 a"
CITY SA / HA / FA MEETING DATE: October 2, 201 2
ITEM TITLE: Authorization of Overnight Travel for One
Council Member to Attend the League of California
Cities Task Force on League Strategic Initiatives
Meetings to be Held October 11, 2012 and November
8, 2012 in Sacramento, California
RECOMMENDED ACTION:
AGENDA CATEGORY:
BUSINESS SESSION: _
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve authorization of overnight travel for Council Member Henderson to attend
the League of California Cities Task Force on League Strategic Initiatives meetings
to be held in Sacramento October 11, 2012 and November 8, 2012.
EXECUTIVE SUMMARY:
Council Member Henderson serves on the League's Strategic Initiatives Task Force
and attend the two meetings scheduled in Sacramento.
FISCAL IMPACT:
The cost for this travel is approximately $650 for each meeting which includes air
and ground transportation, lodging and meals. Funds are available in the
2012/2013 Legislative Program Travel Training & Meetings account.
BACKGROUND/ANALYSIS:
The League Board will be preparing its 2012/2013 strategic goals and has
approved the appointment of a special task force to explore the develop policy
options for securing the highest measure of home rule authority for cities
(Attachment 1). Council Member Henderson serves on this Task Force.
00312
ALTERNATIVES:
Deny this request and require Council Member Henderson to fund these costs.
Respectfully submitted,
Wanda Wise -Latta, Executive Assistant
Attachment: 1 . Memorandum to Members of the Task Force on League
Strategic Initiatives
;, 00J,3
ATTACHMENT 1
Subj:
Date:
From:
To:
Mark Your Calendars: Schedule of Meetings of the League's Task Force on Strategic Initiatives
8/31/2012 8:20:13 A.M. Pacific Daylight Time
tferrara0arroyoarande.org; tmf4259acharternet
LEAGUE
OF CALI FORMAMITI
FS
TO: Members, Task Force on League Strategic Initiatives
FROM: Jose Cisneros, Second Vice President and Task Force Chair
Tony Ferrara, Mayor, Arroyo Grande, Task Force Vice Chair
Chris McKenzie, Executive Director
SUBJECT: MARK YOUR CALENDARS: Schedule of Meetings of League Strategic Initiatives Task
Force
DATE: August 30, 2012
Thank you for agreeing to serve on the League Strategic Initiatives Task Force. The most recent roster of the Task
Force is attached. I wanted to give you advance notice of the planned meetings of the Task Force and the
separate Staff Subcommittee consisting of city managers, city attorneys and League staff that will meet between
Task Force Meetings.
Here is the schedule of the planned meetings: `
Task Force (League Sacramento Office)
Thursday, October 11(10:00 am — 2:00 pm)
12:00 p.m.)
Thursday, November, 8 (10:00 am — 2:00 pm)
12:00 p.m.)
Staff Subcommittee (Conference Calq
Thursday, October 4 (10:00 a.m. —
Thursday, October 25 (10:00 a.m. —
Below is the gerreratdescription of the purpose of the Task Force. As the meeting dates approach we will send
you a reminder and some relevant materials to review. Thanks again. Please let us know if you have any
questions.
League Strategic Initiatives Task Force
Background. The Legislature's dissolution of redevelopment agencies has posed both short and long-range
challenges to the protection of city revenues and local home rule authority. As the board approaches its
November retreat at which it sets its,2012-13 strategic goals, it has approved the;appointment of aspecial task
force to explore and develop policy options for securing the highest measure of home rule authority for cities.
1. 00014
ITY SA/HA/FA MEETING DATE: October 2, 2012
ITEM TITLE: Adoption of a Resolution
Donation from The Evening Crew at
Park
RECOMMENDED ACTION:
Adopt a Resolution accepting a d(
over -seeding at Pioneer Dog Park.
EXECUTIVE SUMMARY:
1*1rWT#.d1=k
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
ig a
Dog STUDY SESSION:
PUBLIC HEARING:
from The Evening Crew to pay for winter
Over -seeding non -revenue generating parks was discontinued for Fiscal Year
2012/2013 as a cost reduction.
The Evening Crew at Pioneer Park is of
Pioneer Dog Park. They desire green g
patrons. This donation is being offered
FISCAL IMPACT:
The $500 donation will fund the costs
BACKGROUND/ANALYSIS:
In June 2012, the City Council electe
over seeding neighborhood parks for th
each facility only included the price of
grass is dormant, the turf still require
therefore is still in the landscape budge
3 to pay the cost for over -seeding at the
through the winter months for dog park
ugh the Adopt -A -Park Program.
with over seeding this park.
to reduce park maintenance costs by not
winter months. The over -seeding costs for
eed, fertilizer, and labor. Even though the
watering and mowing (less frequent) and
The Evening Crew at Pioneer Park is al group of dog owners who meet at the dog
park every evening. They would like to donate $500 to the City to pay the costs
(provided by Vintage) to over -seed (Pioneer Dog Park (Attachment 1). The
remainder of Pioneer Park will be dormant for the winter months.
.11 00915
Alternatives are needed which would be there are no alternatives.
ALTERNATIVES:
The City may choose to accept or not accept the donation. If the donation is not
accepted, then the dog park will not be over -seeded this winter. The only impact
will be the appearance of dormant turf.
Respectfully submitted,
Edie Hylton
Community Services Director
Attachment: 1. Adopt -A -Park Application from The Evening Crew
Mil 6
RESOLUTION NO. 2012-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, ACCEPTING
A DONATION FROM THE EVENING CREW AT
PIONEER PARK
WHEREAS, on September 12, 2012, The Evening Crew offered a donation to
pay for the winter over -seeding at Pioneer Dog Park.; and
WHEREAS, the donation was offered to the City and was not given to or
limited to the use of any particular employee or official; and
WHEREAS, it is in the best interest of the City to accept the donation;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California, as follows:
The City hereby accepts the donation of $500 for winter over -seeding
at Pioneer Dog Park.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta
City Council held on this 2nd day of October, 2012, by the following vote:
AYES:
NOES:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
00011
Resolution No. 2012-
The Evening Crew
Adopted: October 2, 2012
Page 2
ATTEST:
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(SEAL)
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
000a
ATTACHMENT 1
CITY OF LA QUINTA — COMMUNITY SERVICES
ADOPT -A -PARK PROGRAM APPLICATION
Adopting Organization Information
Park Adopting:
%nr�u_n l
Organization Name:
%.untaci rarson: -
Contact Address:
Contact Email: Contact Phone Number:
2.�
Approxiriate Size of OrganizgiDaw
SoO rt `1ir�ar 1 d9A kair
Services/Donations Providing: U��.
2-011
Statement of Agreement
The Adopting Organization shall have no power to incur any debt, obligation, or liability
on behalf of the City. Adopting Organization shall not at any time or in any manner
represent that it or any of its .members are agents or employees of City. In addition,
participants in the Adopt -A -Park program are volunteers of the Adopting Organization and
are not volunteers of the City of La Quinta.
0017.9
Indemnification. To the fullest extent permitted by law, Adopting Organization. shall
indemnify, protect, defend and hold harmless City, and any and all of its employees,
officials and agents (collectively the "Indemnified Parties') from and against any liability
(including liability for claims, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether
actual, alleged or threatened, including,, without limitation, incidental and consequential
damages, court costs; attorneys' fees, litigation expenses, and fees of expert consultants
or expert witnesses) incurred in connection therewith and costs of investigation, where
the same arise out of, are a consequence of, or are in any way attributable to, in whole or
in part, Adopting Organization's participation in this Adopt -A -Park program or by any of
Adopting Organization's members or volunteers, including any non-members who are
participating in the Adopt -A -Park program on behalf of Adopting Organization. All
obligations under this provision are to be paid by Adopting Organizations
Covenant Against Discrimination. Adopting Organization covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them, that
there shall be no discrimination against or segregation of, any person or group of persons
on account of race, color, creed, religion, sex, marital status, national origin or ancestry in
Adopting Organization's participation in the Adopt -A -Park program.
City reserves the right to terminate this Agreement at any time without reason.
It is the responsibility of the Adopting Organization to maintain records of volunteers,
their services, and hours of service.
Printed Name:%"N-t-- no0w.
Signature:
Date: �171�%2912�
00020
October 2, 2012
CITY SA/HA/FA MEETING DATE
ITEM TITLE: Approval of a Memorandum of
Understanding between the Coachella Valley Violent
Crime Gang Task Force and the City of La Quinta
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: 2
CONSENT CALENDAR: 3
STUDY SESSION:
PUBLIC HEARING:
Approve the Memorandum of Understanding between the Coachella Valley Violent
Crime Gang Task Force and the City of La Quinta.
EXECUTIVE SUMMARY:
This Memorandum of Understanding (MOU-Attachment 1) establishes the participating
agencies' responsibilities for the Coachella Valley Violent Gang Task Force (CVVCGTF)
(Attachment 1). The State of California was formerly responsible for the
administration and coordination of the CVVCGTF; the responsibility has been shifted to
the County. This MOU is for the period of April 1, 2012 through March 31, 2013, but
due to the State shifting this responsibility as part of the 2013/13 State Budget, this
amendment is required. The participating agencies will endeavor to ensure well -
coordinated, violent crime and gang enforcement regionally, while increasing the flow
of violent crime and gang -related intelligence information between the various
participating law enforcement agencies.
FISCAL IMPACT:
No additional appropriations are required through this action; funding for the Gang
Task Force Officer ($131,732), mileage cost for one (1) vehicle, and standard
compliment of investigative and safety equipment are already included in the Fiscal
Year 2012/2013 law enforcement budget. This is part of a multi -year program the
City elected to participate in when the contract was approved with Riverside County
for law enforcement services.
00.)21
BACKGROUND/ANALYSIS:
The CVVCGTF is a multi -agency task force with participation by law enforcement
agencies serving the Coachella Valley, targeting violent crime and gang -related activity
in Riverside County which includes unincorporated areas. Agencies participating in
CVVCGTF target their investigations, toward apprehension and conviction of all
offenders, including mid -level youthful offenders who commit gang -related and violent
crime(s) within the Coachella Valley. The primary mission of the CVVCGTF is to
allocate resources from all participating cities, county agencies, and other allied law
enforcement agencies to promote safe and secure neighborhoods that are free of
violent crime and gang violence. The goals and objectives of the CVVCGTF are as
follows:
1. To reduce violent crimes committed by and against juveniles;
2. To deter youth gang recruitment by educating youth regarding real social and
economic alternatives;
3. To prevent local youth gangs from developing into sophisticated criminal
enterprises.
The salaries of the individuals on the Task Force are paid for by the jurisdiction they
represent; other expenses such as office supplies, rent, utilities, special training and
special equipment are paid through grants obtained by the County of Riverside for the
Task Force or through other member contributions. The affairs of this organization are
directed by an Executive Board. The Executive Board will consist of the executive
officer of each participating law enforcement agency or division represented by a full
time investigator/deputy/officer on the Task Force. The City is represented on the
Executive Board by the La Quinta Chief of Police and pays for one Gang Task Force
Officer through the law enforcement agreement with the County of Riverside Sheriff
Department.
ALTERNATIVES:
There are no alternatives to this action because this is part of a multi -year program
that the City elected to participate in when approving the contract with Riverside
County for law enforcement services
Respectfully submitted,
Analyst
0O0 22
Attachment: 1. Memorandum of Understanding between Coachella Valley
Violent Crime Gang Task Force and the City of La Quinta
009?3
Attachment 1
Coachella Valley Violent Crime Gang Task Force
2012-2017 Memorandum of Understanding
Memorandum of Understanding
2012 - 2017
This Memorandum of Understanding (hereinafter MOU) is to establish the
Coachella Valley Violent Crime Gang Task Force (hereinafter CVVCGTF) is entered
into by the following participating agencies:
California Highway Patrol — Indio Station
Cathedral City Police Department
Coachella Police Department
Desert Hot Springs Police Department
La Quinta Police Department
Palm Desert Police Department
Palm Springs Police Department
Riverside County District Attorney's Office — Indio
Riverside County Probation Department — Indio
Riverside County Sherds Department
<, OOJ24
Coachella Valley Violent Crime Gang Task Force
2012-2017 Memorandum of Understanding
Table of Contents
Memorandum of Understanding....................................................................
1
1. Pupose...............................................................................................
3
2. Mission..............................................................................................
3
3. Task Force Executive Board..............................................................
3-4
4. Management......................................................................................
4
5. Task Force Commander......................................................................
4
6. Compensation....................................................................................
4
7. Budget..............................................................................................
4
8. Training.............................................................................................
4
9. Annual Report ...................................................................................
5
10. Resources..........................................................................................
6
11. Facilities, Equipment and Property......................................................
7
12. Asset Forfeiture.................................................................................
7
13. Administrative and Audit..................................................................
7
14. Inspection Process.............................................................................
7
15. Non -Discrimination Clause................................................................
7
16. Respective Responsibilities................................................................
7
17. Policy and Procedures Manual............................................................
7
18. Member Contributions.....................................................
8
19. Term of Agreement...........................................................................
8
20. Authorization...............................................................
8
21. Signature of Authorization.................................................
9-18
Asset Forfeiture Formula.......................................Attachment
A
Addendums
Coachella Valley Violent Crime Gang Task Force
2012-2017 Memorandum of Understanding
1. PURPOSE
The purpose of this MOU is to set forth the responsibilities of the participating agencies
as they relate to CVVCGTF. Working cooperatively, the participating agencies will
endeavor to effectively enforce the laws of the State of California, including the Penal
Code, Vehicle Code, Health and Safety Code, and applicable federal laws relating to
violent crime, street terrorism, and gang -related crimes. Agencies participating in
CVVCGTF will be targeting their investigations toward apprehension and conviction of
all offenders, including mid -level youthful offenders who commit gang -related and
violent crime(s) within the Coachella Valley. Use of this task force concept is intended to
ensure well -coordinated, violent crime and gang enforcement regionally, while increasing
the flow of violent crime and gang -related intelligence information between the various
participating law enforcement agencies.
2. MISSION
The mission of the Coachella Valley Violent Crime Gang Task Force (CVVCGTF) is to
allocate resources from all participating cities, county agencies, and other allied law
enforcement agencies for the purpose of promoting safe and secure neighborhoods free of
violent crime and gang violence.
1. The goals and objectives of the CVVCGTF are as follows:
A. To reduce violent crimes committed by and against juveniles
B. To deter youth gang recruitment by educating youth regarding real social
and economic alternatives
C. To prevent local youth gangs from developing into sophisticated criminal
enterprises
3. EXECUTIVE COMMITTEE
The CVVCGTF shall be governed by an "Executive Board."
EXECUTIVE BOARD CHAIRPERSON
A. The affairs of this organization will be directed by an Executive Board. The Executive
Board shall annually elect an Executive Board Chairperson who will be the Task Force
Commander's primary contact regarding task force affairs. The Executive Board
Chairperson shall be made aware of any and all matters that may require a consensus of
the Executive Board prior to each regularly scheduled monthly meeting. The Executive
Board Chairperson shall also preside over CVVCGTF Executive Board meetings and is
responsible for the formulation of meeting minutes and notification of Executive Board
members of upcoming meetings. The Executive Board shall have a Vice Chairperson
who will act on behalf of the Chairperson in his or her absence.
B. The Task Force Executive Board will consist of one member from the Riverside County
Sheriffs Department's Palm Desert Station, Riverside County Sheriff's Department's
Thermal Station (Coachella and La Quinta Police Departments) Palm Springs Police
Department, Cathedral City Police Department, Desert Hot Springs Police Department,
Riverside County Probation, California Highway Patrol, Indio Police Department, and
the Riverside County District Attorney's Office. A commander level individual or officer
may act on behalf of the designated agency or division at the discretion of the board
OOU')6
Coachella Valley Violent Crime Gang Task Force
2012-2017 Memorandum of Understanding
member in the voting member's absence. A simple majority of the voting members will
constitute a quorum. A voting member shall have a full time employee assigned to
CVVCGTF.
1. Participating Agency - A participating agency is an allied state, federal or local law
enforcement agency that has made a commitment of resources and manpower for
an agreed upon time period.
2. Role - The Executive Board shall meet on a monthly basis for the purpose of
reviewing CVVCGTF activities. Also, the members shall have general
responsibility for the oversight of CWCGTF operations.
3. Policy Authority - The Task Force Executive Board shall be responsible for
CVVCGTF policies and operating procedures. The Board shall periodically review
and evaluate CVVCGTF operations, goals, objectives, and policies and procedures.
4. MANAGEMENT
The Riverside County Sheriffs Department will be responsible for providing a Task
Force Supervisor. The management and supervision of CVVCGTF's resources will be
the responsibility of the Task Force Supervisor/Commander. The Task Force Supervisor
shall retain supervisory control of the personnel assigned to CVVCGTF. When the
number of law enforcement personnel from participating agencies drops below four, RSO
may terminate the MOU. When the number of law enforcement personnel from
participating agencies is over ten, RSO may add a second supervisor.
5. TASK FORCE SUPERVISOR
A Riverside County Sheriffs Sergeant shall be responsible for managing CVVCGTF
personnel and activities. The Task Force Commander will report to the CVVCGTF
Executive Board via the CVVCGTF Chairperson. The Task Force
Supervisor/Commander will provide the Executive Board with monthly and annual
reports of CVVCGTF activities. All personnel assigned to CVVCGTF shall adhere to the
published policies and procedures as adopted by the Executive Board.
6.
Each participating agency is responsible for providing its respective personnel with
salaries, benefits, and overtime in accordance with FLSA regulations. Due to potential
budgetary impact, overtime must be an item of communication between the Task Force
commander and each participating agency.
BUDGET
The Task Force Commander will prepare a proposed budget each year (date to be
determined by the Executive Board) for the ensuing fiscal/calendar year for approval by
the Executive Board. A monthly report of expenditures shall accompany the monthly
statistics report submitted to the Executive Board as outlined in the Policy & Procedure
Manual.
8. TRAINING
As training budgets may vary, the training of CVVCGTF personnel shall be the
responsibility of each participating agency with CVVCGTF assigned personnel. A yearly
training plan for all CVVCGTF personnel, sworn and non -sworn, shall be prepared by
the Task Force Commander upon their assignment to the task force. In addition, a yearly
group training plan shall be prepared by the Task Force Commander and submitted with
the task force yearly budget proposal.
4 0002 7
Coachella Valley Violent Crime Gang Task Force
2012-2017 Memorandum of Understanding
9. ANNUAL REPORT
The Task Force Commander will provide the Task Force Executive Board with an annual
report of activity no later than March 15 of each calendar year. This report shall
summarize the operation and activities of the task force for the proceeding calendar year.
This report shall include a section for statistical data broken down in a similar fashion to
that of the monthly reports. The report shall contain sufficient information regarding gang
activity and trends to enable the Executive Board to reassess task force goals and
objectives.
10.
Each of the below listed agencies have agreed, by virtue of the signature of the
Department Head affixed to this MOU, to contribute at a minimum, the following
personnel and resources to CV VCGTF in each year of this agreement.
CWCGTF PARTICIPATING AGENCY RESOURCES
Riverside County Sheriff's Department
1. (1) One Sergeant Supervisor
2. (2) Deputy Sheriffs
3. (1) One Office Assistance
4. (4) Four vehicles including cost of operation
5. Standard compliment of investigative and safety equipment for each
assigned personnel
California Highway Patrol
1 (1) One Investigator
2 (1) One vehicle including cost of operation
3 Standard compliment of investigative and safety equipment
Cathedral City Police Department
1 (1) One Investigator
2 (1) One vehicle including cost of operation
3 Standard compliment of investigative and safety equipment
Coachella Police Department
1 (1) One Investigator
2 (1) One vehicle including cost of operation
3 Standard compliment of investigative and safety equipment
Desert Hot Springs Police Department
1 (1) One Investigator
2 (1) One vehicle including cost of operation
3 Standard compliment of investigative and safety equipment
La Quinta Police Department
1 (1) One Investigator
2 (1) One vehicle including cost of operation
3 Standard compliment of investigative and safety equipment
00J?8
Coachella Valley Violent Crime Gang Task Force
2012-2017 Memorandum of Understanding
Palm Desert Police Department
1 (1) One Investigator
2 (1) One vehicle including cost of operation
3 Standard compliment of investigative and safety equipment
Riverside County District Attorney
1 (1) One Investigator
2 (1) One vehicle including cost of operation
3 Standard compliment of investigative and safety equipment
Riverside County Probation Department
1 (1) One Probation Officer
2 (1) One vehicle including cost of operation
3 Standard compliment of investigative and safety equipment
11. FACILITIES, EQUIPMENT, AND PROPERTY
When the number of law enforcement personnel from participating agencies drops
permanently below four, RSO may terminate the MOU. In such cases, any balance of the
facility's lease agreement (or any contractual agreement) will be shared on a pro-rata
basis by the participating agencies in this MOU, and/or paid with any asset forfeiture
funds.
Any and all property, including equipment, furniture, and furnishings of whatever kind or
description, purchased or acquired shall be shared by or returned to those participating
agencies as directed by the Executive Board. At the termination of this agreement and
whereupon no new agreement is reached, all said property shall be returned to RSO.
Any equipment purchased with task force or seized funds which is damaged, broken,
misplaced, lost or stolen, through gross negligence, wrongful act, or omission of an
officer or agent assigned to the CWCGTF , shall be repaired or replaced by the agency
of the responsible employee at the determination of the Task Force Commander.
With respect to facilities, a portion of the JABG Grant and portions derived from
member contributions shall be the source of funds to pay for items 1- 10 listed
below:
1. Installation of telephone lines and monthly, local, CALNET and long
distance charges.
2. Telephone equipment.
3. Utilities.
4. Alarm equipment including maintenance and monitoring.
5. CLETS machine on single or county line.
6. Janitorial services, (unless included in full -service lease).
7. Printer/copier service fees
8. General operating costs
9. Operational expenses (purchase of evidence and intelligence, and travel)
10. Purchase of audio/video equipment, fuel, and maintenance upkeep for
JABAG vehicle; fuel and maintenance upkeep for armored vehicle
6 00329
12.
Coachella Valley Violent Crime Gang Task Force
2012-2017 Memorandum of Understanding
Based on the attached asset forfeiture agreement, proceeds derived from asset
forfeiture, under state and/or federal law, initiated in the course of investigations
conducted by CVVCGTF, shall be shared equitably among member agencies, or
shall be used for CVVCGTF operating expenditures at the discretion of the
Executive Board. All forfeiture procedures and sharing will be based upon the
appropriate provisions of State law or Federal law and policy. Modification to the
asset forfeiture agreement requires approval in writing by members of the
Executive Board.
13. ADMINISTRATION AUDIT
In no event shall member agencies charge any indirect costs for administration or
implementation of this agreement during the term thereof. Any and all records
pertaining to CVVCGTF expenditures shall be readily available for examination
and audit by any participating agency. In addition, all such records and reports
shall be maintained until audits and examination are completed and resolved, or
for a period of (3) three years after the termination of the agreement, whichever is
sooner.
14. INSPECTION PROCESS
It is the policy of RSO to maintain a formal administrative inspection program.
This program requires an inspection of each RSO supervised task force once
every twelve (12) months or as necessary, with follow-up inspection(s) within six
(6) months. This inspection shall be conducted by the Task Force Director and a
representative of the Executive (Regional) Board. All findings shall be presented
to the Executive Board for review.
Upon the change of command of a task force supervisor, an administrative
inspection shall be conducted. This audit shall include the inspection of all
operational and petty cash fund accounts, and all specialized equipment.
15. NONDISCRIMINATION CLAUSE
All participating agencies will comply with Title VI of the Civil Rights Act of
1964 and all requirements imposed or pursuant to the regulations of the U.S.
Department of Justice (CFR, Part 42, Subpart C and D) issued pursuant to Title
VI relating to discrimination on the grounds of race, color, creed, sex, age, or
national origin and equal employment opportunities.
16.
For the purpose of indemnification, each participating agency of the CVVCGTF
shall be responsible for the acts of its participating officer(s) and shall incur any
liabilities arising out of the services and activities of those officers while
participating in the CVVCGTF. Personnel assigned to the task force shall be
deemed to be continuing under the employment of their agency and shall have
the same powers duties, privileges, responsibilities, and immunities as are
conferred upon them as a peace officer(s) in their own jurisdiction. There is no
intent on the part of any agency of the CVVCGTF to create a separate legal
entity subject to suit.
17. POLICY AND PROCEDURES MANUAL
It is agreed that all members of the task force shall abide by the applicable
policies and procedures as expressed in the CVVCGTF Manual; which is specific
in content to the needs, objectives, and goals of the CVVCGTF.
00030
Coachella Valley Violent Crime Gang Task Force
2012-2017 Memorandum of Understanding
18. MEMBER CONTRIBUTIONS
Participating agencies shall contribute annually to the general Task Force fund in
an amount decided upon by the Executive Board. These contributions will be
applied toward annual training (gang conference), facilities upkeep, utilities,
purchase of equipment, and operational expenses (Cl payments, purchase of
evidence, travel expenses).
Current Contribution: As of August 22, 2012, the current member
contribution is $4,992.00.
2. Inkind Contribution: Participating agencies have the option of an
"Inkind" contribution for services rendered to the Task Force in lieu of a
monetary contribution. All "Inkind" contributions shall be decided upon
by the Executive Board.
3. Non -Contribution Request: Agencies that are not currently represented,
or do not anticipate fiscal year participation, may submit a "Non -
Contribution" request to the Executive Board for review.
19. TERM OF AGREEMENT
The term of this agreement shall be from July 1, 2012 through June 30, 2017.
The term of this agreement may be canceled by notice in writing to the Executive
Board Chairperson, thirty (30) days prior thereof. An extension of this MOU will
be granted pursuant to the signed agreement of the Executive Board. CV VCGTF
will only be responsible for financial obligations incurred by CVVCGTF
participating agencies during the term of this agreement.
20. AUTHORIZATION
The participating agencies, by their duly authorized officials, have executed this
MOU on the respective dates indicated below. This MOU will become effective
upon receipt of the original MOU with all its attachments by the Riverside
County Sheriff Executive Staff. All Future amendments must be forwarded to a
representative of the Riverside County Sheriffs Department Executive Staff and
will become effective upon receipt.
Authorized by: (See following signature pages 9-19)
OOJ3I
Coachella Valley Violent Crime Gang Task Force
2012-2017 Memorandum of Understanding
SIGNATURE OF AUTHORIZATION
The participating agencies, by their duly authorized officials, have executed this MOU on
the respective dates indicated below. This MOU will become effective upon receipt of
the original MOU with all its attachments by the Riverside County Sheriff s
Department's Executive Staff. All Future amendments must be forwarded to a
representative of the Riverside County Sheriffs Department's Executive Staff and will
become effective upon receipt.
SIGNATURE
Kevin Conner
PRINTED NAME
Chief of Police Cathedral City Police Department
TITLE AGENCY NAME
DATE:
00032
Coachella Valley Violent Crime Gang Task Force
2012-2017 Memorandum of Understanding
SIGNATURE OF AUTHORIZATION
The participating agencies, by their duly authorized officials, have executed this MOU on
the respective dates indicated below. This MOU will become effective upon receipt of the
original MOU with all its attachments by the Riverside County Sheriffs Department's
Executive Staff. All Future amendments must be forwarded to a representative of the
Riverside County Sheriff's Department's Executive Staff and will become effective upon
receipt.
SIGNATURE
Commander
TITLE
DATE:
Laura Quattlebaum
PRINTED NAME
California Highway Patrol
AGENCY NAME
10 000,? 3
Coachella Valley Violent Crime Gang Task Force
2012-2017 Memorandum of Understanding
SIGNATURE OF AUTHORIZATION
The participating agencies, by their duly authorized officials, have executed this MOU on
the respective dates indicated below. This MOU will become effective upon receipt of the
original MOU with all its attachments by the Riverside County Sheriffs Department's
Executive Staff. All Future amendments must be forwarded to a representative of the
Riverside County Sheriffs Department's Executive Staff and will become effective upon
receipt.
SIGNATURE
Chief of Police
TITLE
DATE:
Kate Singer
PRINTED NAME
Desert Hot Springs Police Department
AGENCY NAME
11
00,334
Coachella Valley Violent Crime Gang Task Force
2012-2017 Memorandum of Understanding
SIGNATURE OF AUTHORIZATION
The participating agencies, by their duly authorized officials, have executed this MOU on
the respective dates indicated below. This MOU will become. effective upon receipt of the
original MOU with all its attachments by the Riverside County Sheriff's Department's
Executive Staff. All Future amendments must be forwarded to a representative of the
Riverside County Sheriff's Department's Executive Staff and will become effective upon
receipt.
SIGNATURE
Chief of Police
TITLE
DATE:
Andrew Shouse
PRINTED NAME
La Quinta / Coachella Police Department
AGENCY NAME
12 00035
Coachella Valley Violent Crime Gang Task Force
2012-2017 Memorandum of Understanding
SIGNATURE OF AUTHORIZATION
The participating agencies, by their duly authorized officials, have executed this MOU on
the respective dates indicated below. This MOU will become effective upon receipt of the
original MOU with all its attachments by the Riverside County Sheriff's Department's
Executive Staff. All Future amendments must be forwarded to a representative of the
Riverside County Sheriffs Department's Executive Staff and will become effective upon
receipt.
SIGNATURE
Chief of Police
TITLE
DATE:
Kevin Vest
PRINTED NAME
Palm Desert Police Department
AGENCY NAME
13 41 00936
Coachella Valley Violent Crime Gang Task Force
2012-2017 Memorandum of Understanding
SIGNATURE OF AUTHORIZATION
The participating agencies, by their duly authorized officials, have executed this MOU on
the respective dates indicated below. This MOU will become effective upon receipt of the
original MOU with all its attachments by the Riverside County Sheriffs Department's
Executive Staff. All Future amendments must be forwarded to a representative of the
Riverside County Sheriffs Department's Executive Staff and will become effective upon
receipt.
SIGNATURE
Chief of Police
TITLE
DATE:
Al Franz
PRINTED NAME
Palm Springs Police Department
AGENCY NAME
14
�'� 00037
Coachella Valley Violent Crime Gang Task Force
2012-2017 Memorandum of Understanding
SIGNATURE OF AUTHORIZATION
The participating agencies, by their duly authorized officials, have executed this MOU on
the respective dates indicated below. This MOU will become effective upon receipt of the
original MOU with all its attachments by the Riverside County Sheriffs Department's
Executive Staff. All Future amendments must be forwarded to a representative from the
Riverside County Sheriffs Department's Executive Staff and will become effective upon
receipt.
SIGNATURE
Commander
TITLE
DATE:
Jeff Lederman
PRINTED NAME
Riverside County District Attorney
AGENCY NAME
15 OOJ38
Coachella Valley Violent Crime Gang Task Force
2012-2017 Memorandum of Understanding
SIGNATURE OF AUTHORIZATION
The participating agencies, by their duly authorized officials, have executed this MOU on
the respective dates indicated below. This MOU will become effective upon receipt of the
original MOU with all its attachments by the Riverside County Sheriffs Department's
Executive Staff. All Future amendments must be forwarded to a representative of the
Riverside County Sheriffs Department's Executive Staff and will become effective upon
receipt.
SIGNATURE
Chief of Probation
TITLE
DATE:
Alan Cro an
PRINTED NAME
Riverside County Probation
AGENCY NAME
16
00)39
Coachella Valley Violent Crime Gang Task Force
2012-2017 Memorandum of Understanding
SIGNATURE OF AUTHORIZATION
The participating agencies, by their duly authorized officials, have executed this MOU on
the respective dates indicated below. This MOU will become effective upon receipt of the
original MOU with all its attachments by the Riverside County Sheriff Executive Staff. All
Future amendments must be forwarded to a representative of the Riverside County Sheriff's
Department Executive Staff and will become effective upon receipt.
SIGNATURE
Chief of Police
TITLE
DATE:
Richard Twiss
PRINTED NAME
Indio Police Department
AGENCY NAME
17 " 00040
Coachella Valley Violent Crime Gang Task Force
2012-2017 Memorandum of Understanding
SIGNATURE OF AUTHORIZATION
The participating agencies, by their duly authorized officials, have executed this MOU on
the respective dates indicated below. This MOU will become effective upon receipt of the
original MOU with all its attachments by the Riverside County Sheriffs Department's
Executive Staff. As a member of the Sheriff's Executive Staff, I hereby accept this MOU
on behalf of the Riverside County Sheriff's Department. All Future amendments must be
forwarded to a representative of the Riverside County Sheriffs Department's Executive
Staff and will become effective upon receipt.
SIGNATURE
Chief Deputy,
TITLE
DATE:
Rodney Vieue
PRINTED NAME
Riverside County Sheriff, Executive Staff
AGENCY NAME
18 ` 1: 00)41
October 2, 2012
CIT SA/HA/FA MEETING DATE: SepteM138F 18, 2n1 o
ITEM TITLE: Acceptance of 2012 Edward Byrne
Memorial Justice Assistance Grant Award in the
Amount of $10,631 from the Department of Justice,
Bureau of Justice Assistance
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Accept 2012 Edward Byrne Memorial Justice Assistance Grant Award in the Amount
of $10,631 from the Department of Justice, Bureau of Justice Assistance.
EXECUTIVE SUMMARY:
The City of La Quinta is eligible to receive Edward Byrne Memorial Justice Assistance
Grant (JAG) funds in the amount of $10,631 during Fiscal Year 2012/2013. The JAG
Grant award letter is included as Attachment 1. The La Quinta Police Department will
use this funding to purchase: a trail camera for surveillance, a digital camera with
35mm zoom lens, and Electronic Development Automation (EDA's) to issue electronic
traffic citations and generate traffic collision reports.
FISCAL IMPACT:
Once the JAG grant funds are accepted, City staff will appropriate $10,631 to fund
the cost of the aforementioned equipment.
BACKGROUND/ANALYSIS:
The U. S. Department of Justice, Bureau of Justice Assistance (BJA) has made law
enforcement funds available for Federal Fiscal Year 2012/2013 through the Edward
Byrne Memorial Justice Assistance program. The County of Riverside will receive
$517,244 during this fiscal year of which the City of La Quinta is allocated $1 1,812.
The BJA's funding parameters require eligible local jurisdictions to apply jointly and to
select one agency to act as lead fiscal agent. The City of Riverside agreed to be the
00,342
lead fiscal agent with the following two conditions: 1) they receive the full ten percent
0 0%) allowed for administrative costs under the grant and 2) the County of Riverside
act as lead fiscal agent for the Fiscal Year 2013/2014 JAG grant allocation.
Therefore, La Quinta's share after the 10% reduction for administrative costs paid to
the City of Riverside is $10,631 ($11,812 less $1,181).
The La Quinta Police Department has requested funding for:
1) A new trail camera to replace the antiquated device currently assigned to the
La Quinta Special Enforcement Team. This camera will be used to conduct
surveillance of areas that are prone to crime such as vandalism and theft. The
purchase of this camera will help reduce the number of man hours used during
surveillance operations and will assist in the apprehension and prosecution of
suspects ($750);
2) A digital camera with zoom lens to replace the existing 35mm film camera.
Cameras are a vital tool for law enforcement and are used to photograph crime
scenes which can then be used as evidence in court proceedings. The addition
of a camera with a strong zoom lens can also assist with photographing
locations in preparation of search warrants. These photographs will better
prepare officers during the service of the search warrant providing better officer
safety ($1,381);
3) An extended warranty for a Forensic Phone Kit which was previously
purchased with JAG grant funds in a prior year which includes Software
Upgrades and Technical Support. The Forensic Phone Kit downloads data from
cell phones which can be used to aid criminal investigations ($1,100);
4) Three new EDA's (Electronic Development Automation) for the La Quinta
Traffic Team ($7,400). These EDA's will be used to issue electronic traffic
citations, generate traffic collision reports and serve as an MDC which has the
capability of connecting to the county's computer aided dispatch system. The
three new EDA's will replace the current EDA's which are outdated.
ALTERNATIVES:
There are no alternatives to the recommended action.
00043
Respectfully submitted,
Attachment: 1. 2012 Edward Byrne Memorial Justice Assistance Grant (JAG)
Award Letter
00,44
Attachment 1
Department of Justice
l Office of Justice Programs
Bureau of Justice Assistance
Office of Justice Programs Washington, D.C. 20531
July 10, 2012
Ms. Belinda J. Graham
City of Riverside
3900 Main Street
Riverside, CA 92522-0002
Dear Ms. Graham:
On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office of Justice Programs has approved
your application for funding under the FY 12 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Local
Solicitation in the amount of $517,244 for City of Riverside.
Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and
financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim
audit findings, and the maintenance of a minimum level of cash -on -hand. Should you not adhere to these requirements, you
will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative
action as appropriate.
If you have questions regarding this award, please contact
Program Questions, Maria Anderson, Program Manager at (202) 514-7057; and
Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at
(800) 45840786, or you may contact the CSC at ask.ocfo@usdoj.gov.
Congratulations, and we look forward to working with you.
Sincerely,
Denise O'Donnell
Director
Enclosure
00)45
Department of Justice
Office of Justice Programs
�,..:.,
Office for Civil Rights
Washingto, D.C. 20531
July 10, 2012
Ms. Belinda J. Graham
City of Riverside
3900 Main Street
Riverside, CA 92522-0002
Dear Ms. Graham
Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding to
compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice
is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against
Women (OV W), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and
regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice
Department funding.
Ensuring Access to Federally Assisted Programs
As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin,
religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or
benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or
benefits.
Providing Services to Limited English Proficiency (LEP) Individuals
In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of
Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited
English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to
LEP individuals, please see the website at http://www.lep.gov.
Ensuring Equal Treatment for Faith -Based Organizations
The Department of Justice has published a regulation specifically pertaining to the funding of faith -based organizations. In general, the
regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice
Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies
to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making
award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious
composition of its board of directors. ,
The regulation also prohibits faith -based organizations from using financial assistance from the Department of Justice to fund inherently
religious activities. While faith -based organizations can engage in non -funded inherently religious activities, they must be held separately
from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal
Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to
discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see OCR's
website at http://www.ojp.usdoj.gov/ocr/etfbo.htm.
State Administering Agencies and faith -based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime
Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the
basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious
Freedom Restoration Act (RFRA) is reasonably construed, on a case -by -case basis, to require that its funding agencies permit faith -based
organizations applying for funding under the applicable program statutes both to receive DOI funds and to continue considering religion
when hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion in employment decisions
by grantees.
Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this
Office.
00046
Enforcing Civil Rights Laws
All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of
employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that
are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a
number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services
equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards.
Complying with the Safe Streets Act or Program Requirements
In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination
provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. § 3789d(c), or other Federal grant
program requirements, must meet two additional requirements:(1) complying with Federal regulations pertaining to the development of an
Equal Employment Opportunity Plan (EEOP), 28 C.F.R. § 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28
C.F.R. §§ 42.205(5) or 31.202(5)).
1) Meeting the EEOP Requirement
In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.13, or certain Federal grant
program requirements, your organization must comply with the following EEOP reporting requirements:
If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-time
employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the
date of this letter. For assistance in developing an EEOP, please consult OCR's website at http://www.ojp.usdoj.gov/ocr/ceop.htm. You
may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616-3208.
If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare
an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and
make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to
OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm.
If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of
the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then you
organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and
return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/ecop.btm.
2) Submitting Findings of Discrimination
In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your
organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy
of the finding to OCR for review.
Ensuring the Compliance of Subrecipients
If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of the
applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of
Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant
assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients.
If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding please call OCR at (202) 307-
0690 or visit our website at http://www.ojp.usdoj.gov/ocr/.
Sincerely,
Michael L. Alston
Director
cc: Grant Manager
Financial Analyst
00J4 7
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
Grant
PAGE 1 OF 7
I. RECIPIENT NAME AND ADDRESS (Including Zip Code)
4. AWARD NUMBER: 2012-DJ-BX-0695
City of Riverside
3900 Main Street
Riverside, CA 92522-W02
5. PROJECT PERIOD: FROM 10/012011 TO 09/30/2015
BUDGET PERIOD: FROM 10/01/2011 TO 09/30/2015
6.AWARDDATE 07/102012
8. SUPPLEMENT NUMBER
7. ACTION
Initial
1A. GRANTEE IRSNENDOR NO,
956000915
00
9. PREVIOUS AWARD AMOUNT so
3. PROJECT TITLE
10. AMOUNT OF THIS AWARD $ 517,244
Riverside County Joint JAG 2012
11. TOTAL AWARD $517,244
12. SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S).
13. STATUTORY AUTHORITY FOR GRANT
This projw is supported under FY12(BJA - JAG) 42 USC 3750, at seq.
15. METHOD OF PAYMENT
GPRS
AGENCYAPPROVAL
GRANTEEACCEPTANCE
16. TYPED NAME AND TITLE OF APPROVING OFFICIAL
18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
Denise O'Donnell
Belinda J. Graham
Director
Assistant City Manager
17. SIGNATURE OF APPROVING OFFICIAL
19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL
19A. DATE
AGENCY USE ONLY
20. ACCOUNTING CLASSIFICATION CODES
11, LDJUGT0506
FISCAL FUND BUD. DIV.
YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT
X B DJ 80 00 00 517244
OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ABU OBSOLETE,
OJP FORM 4000/2 (REV. 4-88)
00J48
Department of Justice
Office of Justice Programs AWARD CONTINUATION
il... Bureau of Justice Assistance SHEET PAGE 2 OF 7
Grant
PROJECT NUMBER 2012-DJ-BX.0695 AWARD DATE 07/102012
SPECIAL CONDITIONS
1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the
Office of Justice Programs (OJP) Financial Guide.
2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is
required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a
violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the
recipient is in compliance.
3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States,
Local Governments, and Non -Profit Organizations, and further understands and agrees that funds may be withheld, or
other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and
any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current
edition of the OJP Financial Guide.
4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the
enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the
express prior written approval of O1P.
5. The recipient must promptly refer to the DOJ GIG any credible evidence that a principal, employee, agent, contractor,
subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims
Act or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or
similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste,
abuse, or misconduct should be reported to the OIG by -
mail:
Office of the Inspector General
U.S. Department of Justice
Investigations Division
950 Pennsylvania Avenue, N.W.
Room 4706
Washington, DC 20530
e-mail: oig.hotline@usdoj.gov
hotline: (contact information in English and Spanish): (800) 869-4499
or hotline fax: (202) 616-9881
Additional information is available from the DOJ OIG website at www.usdcj.gov/oig.
6. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any
contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its
subsidiaries, without the express prior written approval of OJP.
7. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance
period if the agency determines that the recipient is a high -risk grantee. Cf. 28 C.F.R. parts 66, 70.
DIP FORM 40002 (REV. a89)
OOJ49
Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 3 OF 7
(1) Grant
PROJECTNUMBER 2012-DJ-BX-0695 AWARD DATE 07/10/2012
SPECIAL CONDITIONS
8. The recipient agrees to comply with applicable requirements regarding Central Contractor Registration (CCR) and
applicable restrictions on subawards to first -tier subrecipients that do not acquire and provide a Data Universal
Numbering System (DUNS) number. The details of recipient obligations are posted on the Office of Justice Programs
web site at http://www.ojp.gov/ftmding/ccr.htm (Award condition: Central Contractor Registration and Universal
Identifier Requirements), and are incorporated by reference here. This special condition does not apply to an award to
an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that
he or she may own or operate in his or her name).
9. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg.
51225 (October 1, 2009), the Department encourages recipients and sub recipients to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the course of performing work funded by this
grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease
crashes caused by distracted drivers. -
10. The recipient agrees to comply with all applicable laws, regulations, policies, and guidance (including specific cost
limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses
related to conferences, meetings, trainings, and other events, including the provision of food and/or beverages at such
events, and costs of attendance at such events. Information on pertinent laws, regulations, policies, and guidance is
available at www.ojp.gov/funding/confcost.btm.
11. The recipient agrees to comply with applicable requirements to report first -tier subawards of $25,000 or more and, in
certain circumstances, to report the names and total compensation of the five most highly compensated executives of
the recipient and first -tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward
Reporting System (FSRS). The details of recipient obligations, which derive from the Federal Funding Accountability
and Transparency Act of 2006 (FFATA), are posted on the Office of Justice Programs web site at
http://www.ojp.gov/funding/ffata.htm (Award condition: Reporting Subawards and Executive Compensation), and are
incorporated by reference here. This condition, and its reporting requirement does not apply to grant awards made to
an individual who received the award as a natural person (i.e., umelated to any business or non-profit organization that
he or she may own operate in his or her name).
12. The recipient agrees that all income generated as a direct result of this award shall be deemed program income. All
program income earned must be accounted for and used for the purposes of funds provided under this award, including
such use being consistent with the conditions of the award, the effective edition of the OUP Financial Guide and, as
applicable, either (1) 28 C.F.R. Part 66 or (2) 28 C.F.R Part 70 and 2 C.F.R. Par 215 (OMB CircularA-110). Further,
the use of program income must be reported on the quarterly Federal Financial Report, SF 425.
OJP FORM 4000/2 (REV. F88)
00050
Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 4 OF 7
Grant
PROJECTNUMBER 2012-DJ-BX-0695 AWARD DATE 07/10/2012
SPECIAL CONDITIONS
13. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National
Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these
grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any
of the following activities will be funded by the grant, prior in obligating funds for any of these purposes. If it is
determined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA.
The grantee understands that this special condition applies to its following new activities whether or not they are being
specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a
subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special
condition must first be met. The activities covered by this special condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including
properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or
eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic
prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an
incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or
education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the
identification, seizure, or closure of clandestine methamphetamine laboratories.
The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental
Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and
agrees to the requirements for implementation of a Mitigation Plan, as detailed at
http://www.ojp.wdoj.gov/BJA/reso=e/nepa.html, for programs relating to methamphetamine laboratory operations.
Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its
subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request
from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment
of that funded program or activity.
14. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information
sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent
possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the
functionality of an existing or proposed IT system.
15. In order to promote information sharing and enable interoperability among disparate systems across the justice and
public safety community, OJP requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative
(DOD's Global) guidelines and recommendations for this particular grant. Grantee shall conform to the Global
Standards Package (GSP) and all constituent elements, where applicable, as described at:
hap://www.it.ojp.gov/gsp_grantcondition. Grantee shall document planned approaches to information sharing and
describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed
justification for why an alternative approach is recommended.
OJP FORM 4000/2 (REV. 4-88)
00051
Department of Justice
Office of Justice Programs AWARD CONTINUATION
►�` Bureau of Justice Assistance SHEET PAGE 5 OF 7
�.:;.
Grant
PROJECTNUMBER 2012-DJ-BX-0695 AWARD DATE 07/10/2012
SPECIAL CONDITIONS
16. The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest -bearing
account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond
the scope of the Edward Byme Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate
and expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant funds
(including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice
Assistance no later than 90 days after the end of the grant period, along with the final submission of the Federal
Financial Report(SF-425).
17. JAG funds maybe used to purchase bulletproof vests form agency, but may not be used as the 50% match for
purposes of the Bulletproof Vest Partnership (BVP) program.
18. The recipient agrees to submit a signed certification that that all law enforcement agencies receiving vests purchased
with JAG funds have a written "mandatory wear" policy in effect. Fiscal agents and state agencies must keep signed
certifications on file for any subrecipients planning to utilize JAG funds for bulletproof vest purchases. This policy
most be in place for at least all uniformed officers before any FY 2012 JAG funding can be used by the agency for
bulletproof vests. There am no requirements regarding the nature of the policy other than it being a mandatory wear
policy for all uniformed officers while on duty.
19. Bulletproof vests purchased with JAG funds may be purchased at any threat level, make or model, from any distributor
or manufacmreq as long as the vests have been tested and found to comply with applicable National Institute of Justice
ballistic or stab standards. In addition, bulletproof vests purchased with JAG funds must be American -made. The latest
NU standard information can be found hem: http://www.nij.gov/topics/technology/body-armor/safety-initiative.htm.
20. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28
C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if DIP determines this regulation to be applicable.
Should DIP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as
per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C.
3789g(c)-(d). Recipient may not satisfy such a fine with federal funds.
21. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification
regarding any information technology project funded by this grant during the obligation and expenditure period. This is
to facilitate communication among local and state governmental entities regarding various information technology
projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file
documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to
http://www.it.ojp.gov/default.mpx?area=policyAndPmtice&page-1046.
22. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Pan 38, the Department of Justice
regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation'). The Equal
Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to
fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct
grams may still engage in inherently religious activities, but such activities must be separate in time or place from the
Department of Justice funded program, and participation in such activities by individuals receiving services from the
grantee or a sub -grantee most be voluntary. The Equal Treatment Regulation also makes clew that organizations
participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision
of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith -
based organizations may, in some circumstances, consider religion as a basis for employment. See
http://www.ojp.gov/about/ocr/equal_tbo.htm.
23. The recipient acknowledges that all programs funded through subawards, whether at the state or local levels, must
conform to the grant program requirements as stated in BJA program guidance.
OR FORM 4000/2 (REV. 4.88)
00J52
Department of Justice
Office of Justice Programs AWARD CONTINUATION
z Bureau of Justice Assistance SHEET PAGE 6 OF 7
0�:.
Grant
PROJECTNUMBER 2012-DJ-BX-0695 AWARD DATE 07/10/2012
SPECIAL CONDITIONS
24. Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies and
procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board
approval, if appropriate, and subject informed consent.
25. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that
are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant
approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular,
section 22.23.
26. The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be
used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law
enforcement activities.
27. Award recipients must submit quarterly a Federal Financial Report (SF-425) and annual performance reports through
GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government
Performance and Results Act (GPRA), P.L. 103-62, applicants who receive funding under this solicitation must
provide data that measure the results of their work. Therefore, quarterly performance metrics reports must be submitted
through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed
information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to
submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk
designation.
28. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes, regulations,
OMB circulars, and guidelines, including the OJP Financial Guide, and to include the applicable conditions of this
award in any subaward. The recipient is responsible for oversight of subrecipient spending and monitoring of specific
outcomes and benefits attributable to use of JAG funds by subrecipients. The recipient agrees to submit, upon request,
documentation of its policies and procedures for monitoring of subawards under this award.
29. Award recipients most verify Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized
Representative contact information in GMS, including telephone number and e-mail address. If any information is
incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System
(GMS) to document changes.
30. The grantee agrees that within 120 days of award acceptance, each member of a law enforcement task force funded
with these funds who is a task force commander, agency executive, task force officer, or other task force member of
equivalent rank, will complete required online (intemet-based) task force training. The training is provided free of
charge online through BJA's Center for Task Force Integrity and Leadership (www.ctFli.org). All current and new task
force members are required to complete this training once during the life of the award, or once every four years if
multiple awards include this requirement This training addresses task force effectiveness as well as other key issues
including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force
oversight and accountability. Additional information is available regarding this required training and access methods
via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctFli.org).
OR FORM 40002 (REV. 4-88)
00953
Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 7 OF 7
Grant
PROJECTNUMBER 2012-DJ-BX-0695 AWARD DATE 07/10/2012
SPECIAL CONDITIONS
31. With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any
employee of the award recipient at a rate that exceeds 110% of the maximum annual salary payable to a member of the
federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System
for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in excess of this
compensation limitation is paid with non-federal funds.)
This limitation on compensation rates allowable under this award may be waived on an individual basis at the
discretion of the OJP official indicated in the program announcement under which this award is made.
32. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has
received and approved the signed Memorandum of Understanding (MOU) between the disparate jurisdictions and has
issued a Grant Adjustment Notice (GAN) releasing this special condition.
O1P FORM 4000/2 (REV. 4-88)
00054
Department of Justice
4 E. Office of Justice Programs
Bureau of Justice Assistance
Wa h,nglm D.C. 20531
Memorandum To: Official Grant File
From: Orbin Terry, NEPA Coordinator
Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of
Riverside
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to
support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of
which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA
and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds
are used directly by the grantee or by a subgramee or third party. Accordingly, prior to obligating funds for any of
the specified activities, the grantee must first determine if any of the specified activities will be funded by the
grant.
The specified activities requiring environmental analysis are:
a. New construction;
b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area,
including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a
property listed on or eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic
prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as
an incidental component of a funded activity and (b) traditionally used, for example, in office, household,
recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the
identification, seizure, or closure of clandestine methamphetamine laboratories.
Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental
Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations,
the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan
requirements, please see http://www.ojp.usdoj.gov/BJA/resource/nepa.html.
Please be sure to carefully review the grant conditions on your award document, as it may contain more specific
information about environmental compliance.
00055
Department of Justice
GRANT MANAGER'S MEMORANDUM, PT. 1:
Office of Justice Programs
PROJECT SUMMARY
a Bureau of Justice Assistance
J
Grant
PROJECT NUMBER
PAGE 1 OF I
2012-DJ-BX-0695
This project is supported under FY 12(BJA - JAG) 42 USC 3750, et seq.
1. STAFF CONTACT (Name & telephone number)
2. PROJECT DIRECTOR (Name, address & telephone number)
Maria Anderson
Catherine Sm.
(202)514-7057
Sr. Accountant
3900 Main Street
Riverside, CA 92522-0002
(951)826-5971
3a. TITLE OF THE PROGRAM
3b. POMS CODE (SEE INSTRUCTIONS
B1A FY 12 Edward Byme Memorial Justice Assistance Grant (JAG) Program
ON REVERSE)
4. TITLE OF PROJECT
Riverside County Joint JAG 2012
5. NAME & ADDRESS OF GRANTEE
6. NAME & ADRESS OF SUBGRANTEE
City of Riverside
3900 Main Street
Riverside, CA 92522-0002
7. PROGRAM PERIOD
8. BUDGET PERIOD
FROM: 10/01/2011 TO: 09/30/2015
FROM: 10/01/2011 TO: 09/30/2015
9. AMOUNT OF AWARD
10. DATE OF AWARD
S 517,244
07/10/2012
11. SECOND YEAR'S BUDGET
12. SECOND YEAR'S BUDGET AMOUNT -
13. THIRD YEAR'S BUDGET PERIOD
14. THIRD YEAR'S BUDGET AMOUNT
I5. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse)
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of
activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical
assistance, training, Personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the
following purpose areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community
corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and
witness programs (other than compensation).
The City of Riverside and the disparatejurisdictions will utilize the FY 2012 JAG funds to purchase needed equipment, make many technological improvements
and replacements, utilize funds for personnel costs that would otherwise be unfunded, and fund overtime for patrol officers for community events. NCA/NCF
OJP FORM 4000/2 (REV. 4-88)
ITY SAMARA MEETING DATE: October 2, 2012
ITEM TITLE: Approval of a Contract Services
Agreement with the La Quinta Arts Foundation.
RECOMMENDED ACTION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve a Contract Services Agreement with the La Quinta Arts Foundation in the
amount of $103,130 for the 2013 La Quinta Arts Festival and various other special
events, and authorize the City Manager to execute the Agreement.
EXECUTIVE SUMMARY:
Annually, the City and the La Quinta Arts Foundation (Foundation) negotiate an
agreement wherein the City provides funding to promote Foundation events. The
rational is that these events provide opportunities to market the community and
attract users who patronize La Quinta businesses. This agreement covers the Arts
Festival, the Blues & Brews, and nine Art Under the Umbrellas events. In 2012,
over 25,000 people attended the Arts Festival; art sales exceeded $2.5 million
dollars during the four day event and the City received $38,500 in combined sales
tax and business license revenue (Attachment 1).
FISCAL IMPACT:
This Agreement (Attachment 2) will cost the City $103,130; the Fiscal Year
2012/2013 Community Services Special Project budget includes $124,000 for the
Foundation which represents a 15% reduction from the 2011/2012 budget and
exempts the Facility Use Fees of $20,800. The Foundation is contributing
$54,000 to gravel four city owned undeveloped lots to provide parking for its
events and public use.
BACKGROUND/ANALYSIS:
The City and the Foundation have a partnership dating back to 1987. During this
time, the City has contracted with the Foundation to provide marketing efforts for
the City. The rational for this partnership is that Foundation events advertise La
Quinta and attract users to La Quinta businesses. The proposed Agreement will
fund marketing activities for the 2013 La Quinta Arts Festival and the development
00057
and promotion of special events in the Village. The following events are included in
this agreement:
• Art Under the Umbrellas at Old Town La Quinta: October 27, November
10, November 24, December 1, 2012, January 12, January 19, February
9, February 16, March 23, 2013;
• Blues & Brews at the Civic Center Campus on November 17, 2012;
• La Quinta Arts Festival on March 7-10, 2013.
The Agreement provides that the City will be the Premier Sponsor of the La
Quinta Arts Festival and requires the Foundation to provide the City with a
comprehensive marketing plan and economic impact study; the City name will
be prominently displayed on print and web materials and in a full page
advertisement in the event program. The Foundation also agrees to maintain an
Artist's Registry for the City and developer access to artists.
ALTERNATIVES:
Further reduce the level of funding or elect to not fund this service.
Respect ully sulbmitted,
T
Edie Hylt n
Community Services Director
Attachments: 1. Letter from Foundation dated August 2, 2012
2. 2012/2013 Contract Services Agreement
00058
ATTACHMENT 1
August 2, 2012
It is widely recognized the City of La Quinta's economic base is derived through retail sales tax
and TOT, not manufacturing.
The retail engine in La Quinta is comprised of and driven by.
• Local La Quinnta & Coachella Valley residents
• Part-time residents and second home owners
• Southern California drive markets
• California tourists
• National and International tourists
La Quinta Arts Foundation events attract and satisfy all of these constituencies.
Valley strategists at the Greater Palm Springs CVB and CVEP have recently recognized and
embraced the benefits of cultural attractions like those produced by LQAF as a viable
differentiation strategy from other resort destinations. These organizations and their business
partners are developing formal initiatives to capitalize on the cultural tourist market. And, we
see each of the Coachella Valley cities attempting to develop large scale events as a means of
drawing these market segments to their communities.
Through our long term partnership, the City of La Quinta and La Quinta Arts Foundation have
implemented this strategy for in the data La Quinta
Arts Foundation has been capturing from Foundation events in an effort to cultivate and market
to a prime demographic.
This information is gathered from sales transactions and is voluntary on the part of the
purchaser. We are able to gather qualified data which can be used to support the following
conclusions:
In spite of an adverse economy and the discretionary nature of art purchases, LQAF's
event attendance and art sales continue to trend upward.
The aforementioned market segments continue to be drawn to La Quinta because of the
quality of fife. La Quinta Arts Foundation produced events attract and drive this quality
demographic whose high disposable income is spent at La Quinta businesses.
La Quinta Arts Foundation is able to quantify direct return to La Quinta for its activities in
the form of sales tax, license fees and foot traffic.
To further validate LQAF's data, 2012 Americans for the Arts, Arts & Economic Prosperity IV,
released Riverside County (LQAF is a study participant) Economic Impact of Nonprofit Arts
and Culture Organizations for FV 2010. Nonprofit arts and culture event resident attendees
spend an average $23.24 above the cost of admission, and non-resident attendees spend
$51.35 above the cost of admission. Using LQAF's 2012 attendance of 54,074 with 50% of
attendance accounted as residents and 50% as non-resident (per our data collected), LQAF's
activities generate $628,340(residents), plus $1,388,350(non-residents) for a total spending
impact of $2,016,690.
Ph (760) 564-1244 Fax (760) 564-6884 www,LQAF.com ' 78150 Calle Tampico, Suite,"215, Quinta, CA 92253
,�059
BLUES & BREWS
2011
2009
Paid Attendance
1682
1112
Total Attendance
2072
1329
On-line Tickets Sold
$6315/421
$4,500/300
Captured street addresses
161
131
Captured e-mail addresses
110
109
Direct Mail Campaign - cards/people
131/303
100/?
Purchase Addresses
9 States & Canada
8 States &Canada
California Cities7Purchases
33/123
26/116
Coachella Valley Cities/Purchases
8/76
08/93
LA QUINTA ARTS FESTIVAL
2012
2010
Attendance
25,002
17,087
# of Completed Sales Slips
2065
1383
Completed Slips represent $ in art sales
$1,540,736
$1,000,419
Total Art Sales
$2,534,134
$1,960,752
Purchase Addresses Captured
47 States, Canada,
41 States &Canada
Puerto Rico
Data Captured as % of Sales
61%
51%.
Califomia Cities Represented
179
152
# of California Purchases
1054
773
CV Cities Purchases as % of CA Purchase
550/52%
495/64%
Email Addresses Captured
1083
610
ART UNDER THE UMBRELLAS
2011/2012
2009/10
Number of Events
8
7
Estimated Attendance
27,000
25,000
# of Completed Sales Slips
760
628
Completed Slips represent $ In art sales
$191,428
$165,669
Total Art Sales
$647,881
$387,619
Purchase Addresses Captured
37 States & Canada
37 States & Canada
Data Captured as % of Sales
30%
43%
California Cities Represented
61
96
# of California Purchases
277
404
CV Cities Purchases as % of CA Purchase
184/65%
271/67%
Street Address Captured
424
628
Email Addresses Captured
336
N/A
Ph (760) 564-1244 Fax (760) 564-6884
www.LQAF.com ( 78150 Calle Tampico, Suite, 215, DO r ?& 92253
ATTACHMENT 2
CONTRACT SERVICES AGREEMENT
THIS CONTRACT SERVICES AGREEMENT (the "Agreement') is made and entered
into as of September 18, 2012 by and between the CITY OF LA QUINTA, a California
municipal corporation ("City"), and LA QUINTA ARTS FOUNDATION ("Contractor").
RECITALS
A. City desires to utilize the services of Contractor as an independent contractor
to promote the City by creating and producing the La Quinta Arts Festival and various
special events and activities (collectively, the "LQAF Events").
B. Contractor represents that it is fully qualified to perform such services by
virtue of its experience and the training, education and expertise of its principals and
employees.
C. City desires to retain Contractor, and Contractor desires to serve City to
perform these services subject to the terms contained herein and all applicable local, state
and federal laws and regulations.
NOW, THEREFORE, in consideration of the performance by the parties of the mutual
promises, covenants, and conditions contained herein, the parties agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1. Scope of Services. In compliance with all terms and conditions of this
Agreement, Contractor shall promote the City by creating and providing those LQAF
Events specified in the "Scope of Services" attached hereto as Exhibit "A" and
incorporated herein by this reference (collectively, the "services" or "work"). Contractor
warrants that all services will be performed in a competent, professional, and satisfactory
manner in accordance with the standards prevalent in the industry for such services.
1.2. Compliance with Law. All services rendered hereunder shall be provided in
accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the
City of La Quinta and any Federal, State or local governmental agency of competent
jurisdiction.
1.3. Licenses, Permits, Fees and Assessments. Except as otherwise specified
herein, Contractor shall obtain at its sole cost and expense such licenses, permits and
approvals as may be required by law for the performance of the services required by this
Agreement. Contractor shall be responsible for ensuring that LQAF Event vendors have
proper permits, licenses, and approvals as may be required by all applicable laws and
ordinances. Contractor shall have the sole obligation to pay for any fees, assessments and
taxes, plus applicable penalties and interest, which may be imposed by law and arise from
or are necessary for the performance of the services required by this Agreement.
1 .4. Familiarity with Work. By executing this Agreement, Contractor warrants
that (a) it has thoroughly investigated and considered the work to be performed, (b) it has
investigated the site of the work and fully acquainted itself with the conditions there
11 00061
Last Revised 07/03/12
existing, (c) it has carefully considered how the work should be performed, and (d) it fully
understands the facilities, difficulties and restrictions attending performance of the work
under this Agreement. Should Contractor discover any latent or unknown conditions
materially differing from those inherent in the work or as represented by City, it shall
immediately inform City of such fact and shall not proceed except at Contractor's risk until
written instructions are received from the Contract Officer (as defined in Section 4.2
hereof).
1.5. Standard of Care. Contractor acknowledges and understands that the
services and work contracted for under this Agreement require specialized skills and
abilities and that, consistent with this understanding, Contractor's services and work will
be held to a heightened standard of quality and workmanship. Consistent with Section 1.4
hereinabove, Contractor represents to City that it holds the necessary skills and abilities to
satisfy the heightened standard of work as set forth in this Agreement. Contractor shall
adopt reasonable methods during the life of the Agreement to furnish continuous
protection to the work performed by Contractor, and the equipment, materials, papers and
other components thereof to prevent losses or damages, and shall be responsible for all
such damages, to persons or property, until acceptance of the work by City, except such
losses or damages as may be caused by City's own negligence. The performance of
services by Contractor shall not relieve Contractor from any obligation to correct any
incomplete, inaccurate or defective work at no further cost to City, when such
inaccuracies are due to the negligence of Contractor.
1.6. Special Requirements. Additional terms and conditions of this Agreement, if
any, are set forth in Exhibit "D" (the "Special Requirements") which is incorporated herein
by this reference and expressly made a part hereof. In the event of a conflict between the
provisions of the Special Requirements and any other provisions of this Agreement, the
provisions of the Special Requirements shall govern.
2.0 COMPENSATION
For the services rendered pursuant to this Agreement, Contractor shall be
compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total
amount of One Hundred and Three Thousand One Hundred and Thirty Dollars and Zero
Cents ($103,130.00) (the "Contract Sum") to be paid upon execution of this Agreement.
3.0 PERFORMANCE SCHEDULE
3.1. Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2. Schedule of Performance. All services rendered pursuant to this Agreement
shall be performed diligently and within the time period established in Exhibit "C" (the
"Schedule of Performance"). Extensions to the time period specified in the Schedule of
Performance may be approved in writing by the Contract Officer.
3.3. Force Maleure. The time period specified in the Schedule of Performance for
performance of the services rendered pursuant to this Agreement shall be extended
Last Revised 07/03/12 -2- 00062
because of any delays due to unforeseeable causes beyond the control and without the
fault or negligence of Contractor, including, but not restricted to, acts of God or of the
public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes,
freight embargoes, acts of any governmental agency other than City, and unusually severe
weather, if Contractor shall notify the Contract Officer in writing of the causes of the
delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend
the time for performing the services for the period of the forced delay when and if in his or
her judgment such delay is justified, and the Contract Officer's determination shall be final
and conclusive upon the parties to this Agreement.
3.4. Term. Unless earlier terminated in accordance with Section 8.6 of this
Agreement, this Agreement shall commence on September 18, 2012 and terminate on
June 30, 2013.
4.0 COORDINATION OF WORK
4.1. Representative of Contractor. The following principals of Contractor are
hereby designated as being the principals and representatives of Contractor authorized to
act in its behalf with respect to the work specified herein and make all decisions in
connection therewith:
a. Christi Salamone, Executive Director
b. La Quinta Arts Foundation President
It is expressly understood that the experience, knowledge, capability, and reputation
of the foregoing principals were a substantial inducement for City to enter into this
Agreement. Therefore, the foregoing principals shall be responsible during the term of this
Agreement for directing all activities of Contractor and devoting sufficient time to
personally supervise the services hereunder.
The foregoing principals may not be changed by Contractor and no other personnel
may be assigned to perform the service required hereunder without the express written
approval of City, which approval shall not be unreasonably withheld.
4.2. Contract Officer. The Contract Officer shall be Frank J. Spevacek, City
Manager or such other person as may be designated in writing by the City Manager of
City. It shall be Contractor's responsibility to assure that the Contract Officer is kept
informed of the progress of the performance of the services and Contractor shall refer any
decisions which must be made by City to the Contract Officer. Unless otherwise specified
herein, any approval of City required hereunder shall mean the approval of the Contract
Officer.
4.3. Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Contractor, its principals and employees were a
substantial inducement for City to enter into this Agreement. Except as set forth in this
Agreement, Contractor shall not subcontract with any other entity to perform in whole or
in part the services required hereunder without the express written approval of Contract
00063
Last Revised 07/03/12 -3-
Officer. In addition, neither this Agreement nor any interest herein may be assigned or
transferred, voluntarily or by operation of law, without the prior written approval of City.
Any attempted or purported assignment or sub -contracting by Contractor without the
City's express written approval shall be null, void and of no effect. Notwithstanding this
general prohibition, Contractor shall be permitted to subcontract for the following ancillary
services: security services, fencing, traffic control, food and beverage vendors, parking -
related services, and similar ancillary services which were provided by subcontract in
connection with the 201 1 /2012 LQAF Events,
4.4. Independent Contractor. Neither City nor any of its employees shall have
any control over the manner, mode or means by which Contractor, its agents or
employees, perform the services required herein, except as otherwise set forth. Contractor
shall perform all services required herein as an independent contractor of City and shall
remain at all times as to City a wholly independent contractor with only such obligations as
are consistent with that role. Contractor shall have no power to incur any debt, obligation,
or liability on behalf of City. Contractor shall not at any time or in any manner represent
that it or any of its agents or employees are agents or employees of City. Contractor
agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and
to indemnify and hold City harmless from any and all taxes, assessments, penalties, and
interest asserted against City by reason of the independent contractor relationship created
by this Agreement. Contractor shall fully comply with the workers' compensation laws
regarding Contractor and Contractor's employees. Contractor further agrees to indemnify
and hold City harmless from any failure of Contractor to comply with applicable workers'
compensation laws. City shall have the right to offset against the amount of any fees due
to Contractor under this Agreement any amount due to City from Contractor as a result of
Contractor's failure to promptly pay to City any reimbursement or indemnification arising
under this Section 4.4.
4.5. City Cooperation. City shall provide Contractor with any plans, publications,
reports, statistics, records or other data or information pertinent to services to be
performed hereunder which are reasonably available to Contractor only from or through
action by City.
5.0 INSURANCE.
5.1. Insurance. Prior to the beginning of any Work under this Agreement and
throughout the duration of the term of this Agreement, Contractor shall procure and
maintain, at its sole cost, and submit concurrently with its execution of this Agreement,
insurance as described herein. All insurance coverage required by this Agreement shall be
placed with insurers authorized to do business in the State of California with an A,M, Best
and Company rating level of A- or better, Class VI or better, unless otherwise approved by
the City's Risk Manager in writing.
5.1.1. Minimum Coverage. Insurance shall include the following (or broader)
coverage:
a. Insurance Services Office Commercial General Liability
coverage "occurrence" form CG 00 01 or its equivalent with an edition date
Last Revised 07/03/12
00064
-4-
prior to 2004 and with minimum limits of $1,000,000 per occurrence and
$2,000,000 in the aggregate.
b. Insurance Services Office form number CA 0001 or equivalent
covering Automobile Liability, including hired and non -owned automobile
liability with a minimum limit of $1,000,000 per accident. If Contractor
owns no vehicles, this requirement may be satisfied by a non -owned and
hired auto endorsement to Contractor's commercial general liability policy.
C. Contractor shall carry Workers' Compensation Insurance
complying with California's worker's compensation laws, including statutory
limits for workers' compensation and an Employer's Liability limit no less
than $1,000,000 per accident or disease.
5.1.2. Required Endorsements. Commercial General Liability insurance
policies required to be provided by Contractor hereunder shall contain or be
endorsed to contain the following provisions:
a. City, its employees, officials, agents and member agencies
shall be covered as additional insureds. Coverage shall apply to any and all
liability arising out of the LQAF Event or related to the Contract. Additional
insured status under the general liability requirement shall be provided on
Insurance Services Office Form CG 20 10 with an edition date prior to 2004,
or its equivalent. Additional insured status for completed operations shall be
provided either in the additional insured form or through another
endorsement such as CG 20 37 with an edition date prior to 2004.
b. General and automobile liability insurance shall apply
separately to each insured against whom a claim is made or suit is brought,
except with respect to the limits of the insurer's liability. Coverage will not
be limited to City's vicarious liability.
C. Liability coverage shall be primary and non-contributing with
any insurance maintained by the City.
d. Each policy required hereunder, and the associated evidence of
coverage (including the workers' compensation and employer's liability
policies), shall provide that coverage shall not be suspended, voided,
canceled or reduced in coverage or in limits except after prior written notice
has been given to City. Such provision shall not include any limitation of
liability of the insurer for failure to provide such notice.
e. No liability insurance coverage provided to comply with this
Agreement shall prohibit Contractor, or Contractor's employees, or agents,
from waiving the right of recovery prior to a loss. Contractor waives its right
of recovery against City.
5.1.4. No Waiver or Obligation. There shall be no recourse against City for
payment of premiums or other amounts with respect to the insurance required to be
Last Revised 07/03/12 -5- 00) J 5
provided by Contractor hereunder. Any failure, actual or alleged, on the part of City
to monitor compliance with these requirements will not be deemed as a waiver of
any rights on the part of City. City has no additional obligations by virtue of
requiring the insurance set forth herein. In the event any policy of insurance
required under this Agreement does not comply with these requirements or is
canceled and not replaced, City has the right but not the duty to obtain the
insurance it deems necessary and any premium paid by City will be promptly
reimbursed by Contractor or City will withhold amounts sufficient to pay premium
from Contractor payments.
5.1.5. Prompt Notice. Contractor agrees to provide immediate notice to City
of any claim or loss against Contractor arising out of the work performed under this
agreement. City assumes no obligation or liability by such notice, but has the right
(but not the duty) to monitor the handling of any such claim or claims if they are
likely to involve City
5.1.6. Subcontractors. Contractor shall include all subcontractors, if any, as
insureds under its policies or shall furnish separate certificates and endorsements
for each subcontractor approved by City. All coverages for subcontractors, if any,
shall be subject to all of the requirements stated herein unless otherwise approved
in advance in writing by City's Risk Manager.
6.0 INDEMNIFICATION.
6.0 Indemnification.
6.1 .1. Indemnification. To the fullest extent permitted by law, Contractor
shall indemnify, protect, defend and hold harmless City and any and all of its
officials, employees and agents ("Indemnified Parties") from and against any and all
liability, claims, suits, actions arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs of any kind, whether actual,
alleged or threatened, including, without limitation, incidental and consequential
damages, actual attorney fees incurred by City, court costs, interest, defense costs
including fees of expert Contractors or expert witnesses incurred in connection
therewith and any other costs or expenses of any kind whatsoever incurred in
relation to, as a consequence of or arising out of or in any way attributable in whole
or in part to the performance of this agreement. All obligations under this provision
are to be paid by Contractor as the City incurs them.
6.1.2. Exception to Contractor's Obligation to Indemnify. Without
affecting the rights of City under any provision of this Agreement or this section,
Contractor shall not be required to indemnify and hold harmless City as set forth
above for liability attributable to the sole fault of City, provided such sole fault is
determined by agreement between the parties or by the findings of a court of
competent jurisdiction. This exception will apply only in instances where City is
shown to have been solely at fault and not in instances where Contractor is solely
or partially at fault or in instances where City's fault accounts for only a percentage
of the liability involved. In those instances, the obligation of Contractor will be all -
Last Revised 07/03/12
-6- 00066
inclusive and City will be indemnified for all liability incurred, even though a
percentage of the liability is attributable to conduct of the City.
6.1.3. Contractor Acknowledgment. Contractor acknowledges that its
obligation pursuant to this section extends to liability attributable to City, if that
liability is less than the sole fault of City.
6.1.4. Indemnity Provisions for Subcontractors. Contractor agrees to
obtain executed indemnity agreements with provisions identical to those set forth
here in this section from each and every subcontractor, sub tier contractor or any
other person or entity involved by, for, with or on behalf of Contractor in the
performance_ of this Agreement. In the event Contractor fails to obtain such
indemnity obligations from others as required here, Contractor agrees to be fully
responsible according to the terms of this section.
6.1.5. No Waiver; Survival. Failure of City to monitor compliance with the
requirements of this Section 6.1 imposes no additional obligations on City and will
in no way act as a waiver of any rights hereunder. Contractor's obligation to
indemnify and defend City as a set forth herein is binding on the successors,
assigns, or heirs of Contractor and shall survive the termination of this Agreement
or this section.
6.2. Remedies. In addition to any other remedies City may have if Contractor
fails to provide or maintain any insurance policies or policy endorsements to the extent and
within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this
Agreement.
b. Order Contractor to stop work under this Agreement and/or withhold
any payment(s) which become due to Contractor hereunder until
Contractor demonstrates compliance with the requirements hereof.
C. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other
remedies City may have. The above remedies are not the exclusive remedies for
Contractor's failure to maintain or secure appropriate policies or endorsements. Nothing
herein contained shall be construed as limiting in any way the extent to which Contractor
may be held responsible for payments of damages to persons or property resulting from
Contractor's or its subcontractors' performance of work under this Agreement.
7.0 RECORDS AND REPORTS.
7.1. Reports. Contractor shall periodically prepare and submit to the Contract
Officer such reports concerning Contractor's performance of the services required by this
Agreement as the Contract Officer shall require.
0006
Last Revised 07/03/12 -7-
7.2. Records. Contractor shall keep such books and records as shall be
necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the cost and the performance of such services. Books and records
pertaining to costs shall be kept and prepared in accordance with generally accepted
accounting principals. The Contract Officer shall have full and free access to such books
and records at all reasonable times, including the right to inspect, copy, audit, and make
records and transcripts from such records.
7.3. Contractor Ownership of LQAF Events and Related Documents. The parties
agree that: (a) this Agreement is a contract for the performance of the services by
Contractor to City; (b) the LQAF Events and all documents and other materials prepared by
Contractor in connection therewith are owned by Contractor and not the City; and (c) City
shall have no ownership of the LQAF Events and such documents and other materials.
7.4. Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Contractor in the performance of services
under this Agreement shall not be released publicly without the prior written approval of
the Contract Officer or as required by law. Contractor shall not disclose to any other
entity or person any information regarding the activities of City, except as required by law
or as authorized by City.
7.5. Confidentiality. Contractor covenants that all data, documents, discussion,
or other information, if any, developed or received by Contractor or provided for
performance of this Agreement are deemed confidential and shall not be disclosed by
Contractor to any person or entity without prior written authorization by City. City shall
grant such authorization if disclosure is required by law. All City data shall be returned to
City upon the termination of this Agreement. Contractor's covenant under this section
shall survive the termination of this Agreement. Contractor's audited financial statement
required to be provided to the City pursuant to this Agreement shall not be released to the
public unless the release is required by the California Public Records Act, Government
Code section 6250, et seq., the Brown Act, Government Code section 54950 et seq., or
pursuant to subpoena or court order. Whether the financial statement is required to be
provided to a member of the public is a determination to be made solely be the City
Attorney. If the City receives a request for the financial statement, the City will promptly
notify Contractor and Contractor promptly may: (a) submit any legal argument it wishes to
be reviewed to the City Attorney regarding whether or not -the document is subject to
disclosure; or (b) seek a protective order. Contractor recognizes that the City, by law,
generally has only 10 days to respond to a request under the Public Records Act. Nothing
in this paragraph shall prohibit the City from complying with.the Public Records Act or any
subpoena or court order in the manner determined appropriate by the City Attorney.
Nothing in this Agreement shall prohibit the Contract Officer from utilizing the information
contained in the financial statement as he/she deems appropriate in carrying out his/her
official City duties, including, but not limited to, disclosing any information deemed
relevant to the City Council at a public meeting.
00068
Last Revised 07/03/12 -8-
8.0 ENFORCEMENT OF AGREEMENT.
8.1. California Law. This Agreement shall be construed and interpreted both as
to validity and to performance of the parties in accordance with the laws of the State of
California. Legal actions concerning any dispute, claim or matter arising out of or in
relation to this Agreement shall be instituted in the Superior Court of the County of
Riverside, State of California, or any other appropriate court in such county, and
Contractor covenants and agrees to submit to the personal jurisdiction of such court in the
event of such action.
8.2. Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by submitting a
claim therefore. The injured party shall continue performing its obligations hereunder so
long as the injuring party commences to cure such default within ten (10) days of service
of such notice and completes the cure of such default within forty-five (45) days after
service of the notice, or such longer period as may be permitted by the Contract Officer;
provided that if the default is an immediate danger to the health, safety and general
welfare, City may take such immediate action as City deems warranted. Compliance with
the provisions of this section shall be a condition precedent to termination of this
Agreement for cause and to any legal action, and such compliance shall not be a waiver of
any party's right to take legal action in the event that the dispute is not cured, provided
that nothing herein shall limit City's right to terminate this Agreement without cause.
8.3. Waiver. No delay or omission in the exercise of any right or remedy of a non
defaulting party on any default shall impair such right or remedy or be construed as a
waiver. City's consent or approval of any act by Contractor requiring City's consent or
approval shall not be deemed to waive or render unnecessary City's consent to or approval
of any subsequent act of Contractor. Any waiver by either party of any default must be in
writing and shall not be a waiver of any other default concerning the same or any other
provision of this Agreement.
8.4. Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of
the parties are cumulative and the exercise by either party of one or more of such rights or
remedies shall not preclude the exercise by it, at the same or different times, of any other
rights or remedies for the same default or any other default by the other party.
8.5. Legal Action. In addition to any other rights or remedies, either party may
take legal action, at law or at equity, to cure, correct or remedy any default, to recover
damages for any default, to compel specific performance of this Agreement, to obtain
injunctive relief, or to obtain any other remedy consistent with the purposes of this
Agreement.
8.6. Termination Prior to Expiration of Term. This section shall govern any
termination of this Agreement. City reserves the right to terminate this Agreement at any
time, with or without cause, upon thirty (30) days' written notice to Contractor. Upon
receipt of any notice of termination, Contractor shall immediately cease all services
hereunder except such as may be specifically approved by the Contract Officer.
Last Revised 07/03/12 -9- 00,369
Contractor shall be entitled to retain all compensation theretofore paid to Contractor
hereunder.
8.7. Attorneys' Fees. If either party commences an action against the other party
arising out of or in connection with this Agreement, the prevailing party shall be entitled to
recover reasonable attorneys' fees and costs of suit from the losing party.
9.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1. Non -liability of City Officers and Employees. No officer or employee of City
shall be personally liable to Contractor, or any successor in interest, in the event or any
default or breach by City or for any amount which may become due to Contractor or to its
successor, or for breach of any obligation of the terms of this Agreement.
9.2. Conflict of Interest. No officer or employee of City shall have any personal
interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which affects his or her personal
interest or the interest of any corporation, partnership or association in which she or he is,
directly or indirectly, interested, in violation of any State statute or regulation. Contractor
warrants that it has not paid or given and will not pay or give any third party any money or
general consideration for obtaining this Agreement.
9.3. Covenant Against Discrimination. Contractor covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them, that
there shall be no discrimination against or segregation of, any person or group of persons
on account of race, color, creed, religion, sex, marital status, national origin or ancestry in
the performance of this Agreement. Contractor shall take affirmative action to insure that
applicants are employed and that employees are treated during employment without regard
to their race, color, creed, religion, sex, marital status, national origin or ancestry.
10.0 MISCELLANEOUS PROVISIONS
10.1. Notice. Any notice, demand, request, consent, approval, communication
either party desires or is required to give the other party or any other person shall be in
writing and either served personally or sent by prepaid, first-class mail to the address set
forth below. Either party may change its address by notifying the other party of the
change of address in writing. Notice shall be deemed communicated forty-eight (48) hours
from the time of mailing if mailed as provided in this section.
To City:
CITY OF LA QUINTA
Attention: Frank J. Spevacek
78495 Calle Tampico
P.O. Box 1504
La Quinta, CA 92247-1504
To Contractor:
LA QUINTA ARTS FOUNDATION
Attn: Christi Salamone
78150 Calle Tampico, Suite 215
La Quinta, CA 92253
00070,
Last Revised 07/03/12 -10-
10.2. Integrated Agreement. This Agreement contains all of the agreements of the
parties and all previous understanding, negotiations and agreements are integrated into and
superseded by this Agreement.
10.3. Exhibits; Precedence. All documents referenced as exhibits in this
Agreement are hereby incorporated in this Agreement. In the event of any material
discrepancy between the express provisions of this Agreement and the provisions of any
document incorporated herein by reference, the provisions of this Agreement shall prevail
except as otherwise provided in Section 1.7.
10.4. Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing signed by both parties.
10.5. Severability. In the event that any one or more of the phrases, sentences,
clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or
unenforceable by a valid judgment or decree of a court of competent jurisdiction, such
invalidity or unenforceability shall not affect any of the remaining phrases, sentences,
clauses, paragraphs, or sections of this Agreement which are hereby declared as severable
and shall be interpreted to carry out the intent of the parties hereunder.
10.6. Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by so executing this Agreement the parties hereto are formally bound to
the provisions of this Agreement.
00-71
Last Revised 07/03/12 -1 1-
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
CITY OF LA QUINTA, CONTRACTOR:
a California municipal corporation
M
FRANK J. SPEVACEK, City Manager Name:
Dated:
ATTEST:
SUSAN MAYSELS, Interim City Clerk,
La Quinta, California
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
Title:
Dated:
00072
Last Revised 07/03/12 -12-
Exhibit A
Scope of Services
Promote the City by providing the following LQAF Events for Fiscal Year 2012/2013
Season:
La Quinta Arts Festival (the "Festival"): A four -day outdoor fine arts festival to be to be
held March 7 through 10, 2013 at the La Quinta Civic Center Campus.
Marketing services for the above include an extensive marketing plan provided to the City
wherein the name "City of La Quinta" and the official City logo will be prominently
displayed as a Premier Sponsor where reasonably possible. Said coverage may include,
but is not limited to: newspapers, magazines, radio and television advertising, as well as
billboards, fine art posters (excluding Festival Commemorative Poster for retail sale), and
high quality program commemorating the event and the City of La Quinta as a Premier
Sponsor.
Contractor shall provide a link to the City of La Quinta's website on Contractor's website.
Contractor will send out email blasts promoting the events and activities and share the
information with the City to send out additional email information.
The City will receive a full page in the Festival's 2013 program. Graphic design may be
provided by Contractor at request of the City.
Banners will be provided by Contractor and placed in various locations throughout the City.
The Planning Department will review the, placement of the banners and approve the
locations. The Public Works Department will install and remove the banners in the Village.
If banners are installed at various intersections throughout the City, Old Town, and the
Civic Center Campus it will be the responsibility of Contractor.
Contractor will promote the following additional LOAF Events:
Art Under the Umbrellas at Old Town La Quinta, October 27, November 10, November 24,
December 1, 2012, January 12, January 19, February 9, February 16, and March 23,
2013.
Blues & Brews. Contractor will provide a one -day community event featuring live music
with food and drink amenities at the Civic Center Campus on November 17, 2012.
Artist's Registry. Contractor will provide an Artist Registry available to the City and local
Developers at no charge. Such Registry will provide access to local and regional artists
that voluntarily elect to be listed and provide direct contact information. The City may
access such Registry to solicit proposals for the Art in Public Places Program and may seek
support by Contractor for expertise regarding artist selection.
Contractor and City will use reasonable commercial efforts to identify the feasible means
to survey. event participants via e-mail to ascertain:
00073
Last Revised 07/03/12 13
• If participants came to La Quinta exclusively for these events or because they were
already residing or visiting La Quinta
• If they patronized other La Quinta businesses while attending these events
• Identify the types of La Quinta businesses they patronized
• Other data both parties deem appropriate
In the event Contractor expends more than $1,000.00 in connection with such survey or
surveys ("Survey Base Expense"), the parties shall meet and confer regarding how the cost
is to be funded.
Contractor will provide the City with an Audited Financial Statements for Contractor's
201 1 /2012 fiscal year no later than December 1, 2012.
The following tickets will be provided to the City Manager's office:
ARTISTS FESTIVAL RECEPTION
Ten Tickets for the City Council and spouses.
Five Tickets for the Community Services Commission.
Five Tickets for Key Staff involved in event development
ART FESTIVAL
Ten Tickets for the City Council and spouses.
Ten Tickets for the Community Services Commission and spouses.
Ten Tickets for staff involved in event development.
Fifty tickets for distribution by the City Manager.
LA QUINTA BLUES AND BREWS
Ten Tickets for the City Council and spouses.
Five Tickets for the Community Services Commission.
Five Tickets for staff involved in event development.
119/015610-0002 0 0) 7 4
42369885 a09/20/12 -1 4-
Exhibit B
Schedule of Compensation
Payment for the services rendered pursuant to this Agreement shall be
compensated in an amount of One Hundred and Three Thousand One Hundred and Thirty
Dollars and Zero Cents ($103,130.00), payable upon execution of this Agreement.
fi 00j 75
Last Revised 07/03/12 15
Exhibit C
Schedule of Performance
Subject to the provisions of Section 8.6 of the Agreement, Contractor shall
complete all services within the term of this agreement.
00d 76
1191015610-0002
4236988.5 a09/20/12 -16-
Exhibit D
Special Requirements
None.
00j �?
Last Revised 07/03/12 17
CITY SA / HA / FA MEETING DATE: October 2, 2012 AGENDA CATEGORY:
BUSINESS SESSION: _
ITEM TITLE: Approval of a Reimbursement Agreement rr_-
with Sam's Real Estate Business Trust, a Delaware CONSENT CALENDAR: �fJ
statutory trust, for Raised Landscape Median STUDY SESSION:
Improvements on Dune Palms Road Associated with Site
Development Permit 2005-824 PUBLIC HEARING:
RECOMMENDED ACTION:
Approve the Reimbursement Agreement and authorize the City Manager to execute
said Agreement between the City of La Quinta and Sam's Real Estate Business Trust,
for raised landscape median improvements on Dune Palms Road.
EXECUTIVE SUMMARY:
Sam's Real Estate Business Trust, constructed an 18-foot wide raised landscaped
median on Dune Palms Road associated with Site Development Permit 2005-824.
Portions of these improvements are eligible for Development Impact Fee (DIF) fund
reimbursement (Attachment 1). Staff has verified the developer's expenditures and
their eligibility for reimbursement.
FISCAL IMPACT:
This action will allow Sam's Real Estate Trust to be reimbursed in the amount of
$228,697 sometime in the future and as money becomes available in the
Transportation DIF fund. .
BACKGROUND/ANALYSIS:
Sam's Real Estate Business Trust developed the Sam's Club building and parking areas
west of Dune Palms Road and east of the Super WalMart (Attachment 2).
Site Development Permit 2005-824 conditioned the developer to construct an 18-foot
00,378
wide raised landscaped median along the project boundary. Portions of these
improvements are eligible for DIF fund reimbursement as defined in the attached
reimbursement agreement.
For several years, staff has been working with different developer's attorneys on this
reimbursement agreement. It was only in September of this year that the developer
submitted an executed reimbursement agreement for.City Council consideration.
ALTERNATIVES:
There are no alternatives to this action that are consistent with Council Resolution
2005-047.
Respectfully submitted,
Timo y R. Jonasson, P. .
Public Works Director/City Engineer
Attachments: 1. Reimbursement Agreement
2. Vicinity Map
00079
ATTACHMENT 1
Clty of La Quints
REIMBURSEMENT AGREEMENT
SITE DEVELOPMENT PERMIT 2005-824
RAISED LANDSCAPE MEDIAN ON DUNE PALMS ROAD
HIGHWAY 111 TO 1126.70 FT NORTH OF AVENUE 48
THIS REIMBURSEMENT AGREEMENT (the "Agreement") is made and entered
into this _day of , 2012, by and between SAM'S REAL
ESTATE BUSINESS TRUST, a Delaware statutory trust ("Developer"), and the City of
La Quinta, California, a California Municipal Corporation and charter city (the "City").
RECITALS.
A. Developer was the developer of Sam's Club and Fueling Station (the "Project")
located in the City of La Quinta subject to the conditions of approval for Site
Development Permit 2006-824 found in Planning Commission Resolution 2005-
014 ("Conditions of Approval").
B. The Conditions of Approval obligated the Developer to construct certain
improvements on Dune Palms Road, generally described as follows, and more
specifically described in the Conditions of Approval, STREET AND TRAFFIC
IMPROVEMENTS Condition 47.A.1) e) as follows: (a) An 18-foot wide raised
landscaped median along the entire boundary of the Speck Plan plus variable
width as needed to accommodate a dual left turn for the north bound Dune
Palms Road traffic turning left to westbound Highway 111 herein referred to as
(the "Required Improvements") (Exhibit A).
C. The City has funding sources from which it desires to reimburse Developer for
the Required Improvements at a point in the future to be determined by the City.
The form of reimbursement payments shall be as set forth in the Agreement.
The Transportation Component of the Development Impact Fee is the source for
the future reimbursement as stated above. All land being developed in the City is
subject. to Development Impact Fees ("Fees") pursuant to the Development
Impact Fee Program ("Program"), adopted by the City on June 15, 1999 and as
revised June 7, 2005 which is applicable to this agreement. A portion of
Development Impact Fee known as the "Transportation Component" will provide
future funding for specific arterial street improvements located throughout the
City (Exhibit C). The timing of when the funding will be available is unknown,
since it is dependent upon building permits being issued.
D. The Transportation Component of the 2005DIF Program contains cost details for
Dune Palms Road (Highway 111 to Avenue 48). The cost details (Exhibit B)
reflect a DIF totaling $703,119.32 for Dune Palms Road (Highway 111 to Avenue
48). The ultimate Required Improvements are estimated to be 58.5% of the total
available 2005 DIF budget of $703,119.32 or $411,324.80.
W 10CA-10Q" w_Pwjtq Qrd;W.. R9999.1
E. The City Engineer has reviewed the scope and cost associated with the Required
Improvements and has determined that the Required Improvements are covered
by the Program and are eligible for certain reimbursements, subject to certain
limitations and availability of funds discussed herein. The approved street plans
for the Required Improvements are attached as Exhibit D.
F. The parties hereto desire to enter into this Agreement to effectuate the terms of
the City's reimbursement to Developer of certain costs incurred by Developer in
constructing the Required Improvements to the extent they are determined to be
eligible for reimbursement and to the extent the City has the funds available in
the Transportation Component of the DIF Program.
AGREEMENT
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
Responsibilities of Developer: Developer has constructed the Required
Improvements described in the Conditions of Approval, STREET AND TRAFFIC
IMPROVEMENTS Condition 47 A.1) e) as follows: (e) An 18-foot wide raised
landscaped median along the entire boundary of the Specific Plan plus variable
width as needed to accommodate a dual left turn for the north bound Dune Palms
Road traffic turning left to westbound Highway 111 and are attached for reference
purposes as Exhibit D. The Developer was required to bear the cost of
constructing the Required Improvements, subject to right of future reimbursement
provided herein. The Required Improvements were constructed in accordance with
all applicable City and State codes and regulations, including the obligation to
secure bonds and guarantees pursuant to Section 14.16.180 of the Municipal Code
of the City of La Quinta, and complied with each of the applicable provisions in the
Conditions of Approval, incorporated in full herein by this reference. The
Developer has submitted to the City invoices and supporting documentation for
those costs. The submitted invoices showed expenses of $228,697. Those
invoices have been approved by the City.
2. Responsibilities of Citv:
(a) Approval or Disapproval of Expenses. The City Engineer has approved the
submitted invoices. Developer recognizes that the City Engineer's approval of the
costs does not guarantee that the costs will be reimbursed. Instead, the City
Engineer approval is a condition precedent necessary for the costs to be
processed for credit or reimbursement.
(b) Reimbursement from the City's Future DIF Transportation Component Fees.
Developer is eligible for credit and/or reimbursement from the Transportation
WWWCA-L.Quwaplqml_C iml-II9959.I
00,381
Component Fees collected on other projects in the amount of $228,697.
Developer recognizes that the City cannot commit to a time certain for
reimbursement, inasmuch as the City is entitled to establish the priority of spending
for the Transportation Component Fees, and due to the currently low number of
building permits being issued. Developer further recognizes that, in the future, the
City Council may consider a policy regarding the priority of reimbursement, and
that if adopted, the timing of this reimbursement will be subject to the policy.
In no event will the amount of reimbursement (including credit) exceed $228,697
3. Disputes. In the event of any dispute arising under this Agreement, the injured
party shall notify the injuring party of its contentions by submitting a claim therefor.
The injured party shall continue performing its obligations incurred herein so long
as the injuring party commences to cure such injuring action within ten (10) days of
service of such notice and completes the cure within forty-five (45) days after the
notification, or such longer period as may be necessary or agreed upon by both
parties to this Agreement.
4. Indemnification. Developer agrees to indemnify, defend, and hold City and its
officers, employees, agents, representatives, and assigns ("Indemnified Parties")
harmless from and against any losses, claims, demands, actions, or causes of
action ("Claims"), of any nature whatsoever, arising out of or in any way connected
with the performance of Developer, its officers, employees, agents, or
representatives under this Agreement, including costs of suit and reasonable
attomeys' fees. In the event the Indemnified Parties are made a party to any action,
lawsuit, or other adversarial proceeding in any way involving such Claims,
Developer shall provide a defense to the Indemnified Parties, or at the City's
option, reimburse the Indemnified Parties their costs of defense, including
reasonable attorneys' fees, incurred in defense of such claim. In addition,
Developer shall be obligated to promptly pay any final judgment or portion thereof
rendered against the Indemnified Parties.
5. City Officers and Employees. No officer or employee of City shall be personally
liable to Developer or any successor -in -interest in the event of any default or
breach by City or for any amount which may become due to Developer or to its
successor or for breach of any obligation of the terms of this Agreement.
6. Term of Agreement. This Agreement shall remain in full force and effect following
the date it has been executed by both parties, until the City Council has formally
accepted the Required Improvements and the City has approved and issued the
reimbursements and/or credits required herein. With respect to Developers
obligations under Paragraph 4, the obligation to provide indemnification- for any
Claims based upon any act or omission that occurred prior to the City Council's
formal acceptance of the Required Improvement, those obligations shall survive
until fully performed.
W140"A-LeQUINe Rojeo CYNiml-729959.1
00082
7. Notice. Any notice, demand, request, consent, approval, or communication either
party desires or is required to give to the other party or any person shall be in
writing and either served personally or sent by prepaid, first-class mail to the
address set forth below. Notice shall be deemed communicated forty-eight (48)
hours from the time of mailing if mailed as provided in this Section.
To City: City of La Quinta
78-495 Calle Tampico
P.O. Box 1504
La Quinta, California 92247-1504
Attn: City Engineer
(760)777-7075
To Developer: Brad Rogers, Esq.
SAM'S REAL ESTATE BUSINESS TRUST,
a Delaware statutory trust
2001 SE 10"' Street
Bentonville, AR 72716-0550
With Copy To: Matt Wilcox, Esq.
Gresham Savage Nolan & Tilden, PC
550 E. Hospitality Lane, Suite 300
San Bernardino, CA 92408-4205
Office: (909) 890-4499 Ext.1745
8. Assignment of Agreement Neither party may assign its obligations or rights
hereunder to any assignee without the knowledge and without written consent of
the other party hereto which other party shall not unreasonably withhold consent.
Assignment may be made only to an assignee willing, financially capable, and
competent to carry out the assignor's obligations.
9. General Provisions.
A. Except as otherwise provided herein, the terms, conditions, covenants, and
agreements set forth herein shall apply to and bind the heirs, executors,
administrators, assigns, and successors of the parties hereto.
B. Neither party to this Agreement relies upon any warranty or representation
not contained in this Agreement.
C. This Agreement shall be governed by and interpreted with respect to the laws
of the State of California.
D. Any failure or delay by either party in asserting any of its rights and remedies
as to any default shall not operate as a waiver of any default or of any rights
or remedies provided for herein.
WIAM{A-LOQunm PMWCwd1„d--$434.1'1.1
00)83
E. This Agreement may be amended at any time by the mutual consent of the
parties by an instrument in writing signed by both parties.
F. In the event that any provision or provisions of this Agreement are held
unenforceable, all provisions not so held shall remain in full force and effect.
G. The persons executing this Agreement on behalf of the parties hereto warrant
that they are duly authorized to execute this Agreement on behalf of said
parties and that by so executing this Agreement the parties are formally
bound to the provisions of this Agreement.
10. Severability. In the event that any provision or provisions of this Agreement are
held unenforceable, all provisions not so held shall remain in full force and effect.
11. Authority of Signatories. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on
behalf of said parties and that by so executing this Agreement the parties are
formally bound to the provisions of this Agreement.
WMW ALQuW. Fajen Cardinal ]29959.1
00084
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year first written above.
CITY OF LA QUINTA:
Mark Weiss, Interim City Manager
Date
ATTEST:
Approved as to Form:
Susan Maysels, M. Katherine Jenson,
Interim City Clerk City Attorney
City of La Quinta City of La Quinta
Date Date
SAME
a Deli
M
Title:
RUST,
WMi CA-4Qoima Plojem_Cwdiwl-92WS9.I
00985
CONDITONS OF APPROVAL
SITE DEVELOPMENT PERMIT 2005-824
RAISED LANDSCAPE MEDIAN ON DUNE PALMS ROAD
HIGHWAY 111 TO 1126.70 FT NORTH OF AVENUE 48
Condition
Wl10 A-LQ.i uP,jm C.&.j-'l 59.1
PLANNING COMMISSION RESOLUTION 2005- 014
CONDITIONS OF APPROVAL - FINAL
SITE DEVELOPMENT PERMIT 2005-824
CONDITIONAL USE PERMIT 2005.090
SAM'S CLUB AND FUELING STATION
ADOPTED: MARCH 22, 2005
e)
f)
the back of curb or approaches within five feet of the curb at
intervals not to exceed 250 feet. The sidewalk curvature radii
should vary between 50 and 300 feet and at each point of
reverse curvature, the radius should change to assist in creating
the arrhythmic layout. The sidewalk shall meander into the
landscape setback lot and approach within 5 feet of the
perimeter wall at intervals not to exceed 250 feet.
AStSfltronaf Tr tan ape alr s re; require fur the fiDilovulrrg:
Modification of the existing traffic signal at the Highway 1 1 1 and
Dune Palms Road intersection as required by the abovementioned
improvements and as approved by Caltrans.
g) Establish a benchmark in the Dune Palms Road right of way and
file a record of the benchmark with the County of Riverside.
CADocuments and Settingslajohnson%Local SettingslTemporary Internet Files\0LK41\PC COA - SDP 2005-824.doo
0008715
Exhibit B
GYty ojza.QuWa-Devdopmera Impact Fee Sally
G. PROJECTED REVENUE
Table S-2 shows projected total revenue from impact fees, lintsnow to build out, assuming that
the few -are adopted as recommended and that all -development anticipated in this report actually
oo=& Note that projected mvenueis given m mwmt dollars. .
} Table S-3
Exhibit D
Construction Plans for Dune Palms Road
Street Improvements
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ATTACHMENT 2
SDP 2005-824 SAM'S CLUB
VICINITY MAP
NOT TO SCALE
00p9/
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FA MEETING DATE: October 2, 2012
ITEM TITLE: Denial of Claim for Damages Filed by
Alice DeLeon; Date of Loss — March 10, 2012
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 7
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Deny the claim for damages of Alice DeLeon in its entirety.
EXECUTIVE SUMMARY:
A claim was filed by Alice DeLeon with a reported date of loss of March 10, 2012.
It was forwarded to Carl Warren & Company, the City's claims administrator. Carl
Warren reviewed this claim and recommends denial. Their rationale is that this
matter is Riverside County's responsibility.
FISCAL IMPACT:
The amount of the claim is for one million dollars.
BACKGROUND ANALYSIS:
The claim involves the claimant's arrest by a Riverside County Sheriff's deputy.
Since the City contracts with the Riverside County Sheriff's Office for law
enforcement services, the claim is being tendered to that entity, which has a duty
to defend and indemnify the City.
ALTERNATIVES:
None, since this claim falls within the jurisdiction of the Riverside County Sheriff's
Office.
11 •:
Respectfully submitted,
Terry D eringer
Human Resources/General Services Manager
„ 0.0,399
CITY SA / HA / FA MEETING DATE: October 2, 2012
ITEM TITLE: Adoption of a Resolution Authorizing the
Processing of Documentation Confirming the Successor
Agency's Ownership of Certain Non -Housing' Properties
and Conditionally Authorizing Processing of
Documentation to Reverse Certain Purchase. and Sale
Transactions Pursuant to Health & Safety Code Section
34167.5
RECOMMENDED ACTION:
AGENDA CATEGORY:
BUSINESS SESSION: _Q
CONSENT CALENDAR: V
STUDY SESSION:
PUBLIC HEARING:
Adopt a Resolution (1) authorizing the processing of documentation confirming the
Successor Agency's ownership of 10 non -housing public use properties; and (2)
conditionally authorizing the processing of documentation to reverse the purchase
and sale transactions for the City's purchase of (a) the 86 acres of vacant land
zoned for private development at the southwest corner of Jefferson Street and
Ave. 52, and (b) the 9.89 acres of commercial property on Highway 111 and Dune
Palms
EXECUTIVE SUMMARY:
The attorneys in the Post Redevelopment Working Group for the League of
California Cities have been in general agreement until just recently that city -
redevelopment agency property transfers that predated June 27, 2011, the
effective date of ABx1 26 ("AB 26"), should be left in place until the completion of
upcoming audits and the State Controller's review of the audit results. However, in
late September, the Working Group reached a consensus that with regard to non -
housing properties that were transferred by redevelopment agencies to their host
cities from January 1, 2011 to June 30, 2011, the host city should consider
transferring the properties to the successor agencies and, in essence, rescinding
(e.g. unwinding) the 2011 transfers. It is suggested that these steps be taken prior
to the commencement (or at least the completion) of the Due Diligence Review
("DDR" )/Audit relating to the former redevelopment agencies' non -housing assets,
.j: 00100
which must be completed by December 15, 2012. The auditors conducting the
DDR/Audit concurred that these steps are advisable given certain language in AB
26 and AB 1484.
FISCAL IMPACT:
The City and the Successor' Agency will incur some administrative and legal costs
related to preparing and recording quitclaim deeds. If the purchase and sale
transactions are fully reversed, or "rescinded," the City should receive a refund of
$8,320,000, the consideration it paid for some of the properties from the
Successor Agency. This repayment obligation would have to be listed on the BOPS
and be paid out of future tax increment. It is difficult to predict the other potential
impacts of these actions.
BACKGROUND/ANALYSIS:
In anticipation of the passage of AB 26, many redevelopment agencies transferred
their assets to their host cities. AB 26 included a provision intended to reverse
these wholesale transfers. Specifically, AB 26 states that "[tlhe Legislature hereby
finds that a transfer of assets by a redevelopment agency [after January 1, 2011 ]
is deemed not to be in the furtherance of the Community Redevelopment Law and
is thereby unauthorized." AB 26 further states, in part, that "[commencing
February 1, 20121, ... arrangements between the city ... that created the
redevelopment agency and the redevelopment agency are invalid...."
AB 26 envisioned all of a redevelopment agency's assets going to its successor
agency for appropriate disposition. In this regard, AB 26 states, in part, that "[alll
... properties [and] buildings ... of the former redevelopment agency are transferred
on [February 1, 20121, to the control of the successor agency."
On April 20, 2012, the California State Controller issued a letter to all public
agencies that stated "[i]f your city ... received any assets from a redevelopment
agency after January 1, 2011, your city ... hereby is ordered to ... reverse the
transfer and return the applicable assets to the successor agency of the relevant
redevelopment agency."
AB 1484 ("AB 1484") was signed by the Governor on June 27, 2012. It makes
changes to AB 26 and establishes the DDR/Audit process. The DDR/Audit process
includes a review of the property transfers from redevelopment agencies to their
host cities. The DDR/Audit includes a process by which the auditor is to calculate
the amount of funds available to be distributed to affected taxing agencies. Of
particular concern is a provision stating that the auditor is to "add any amounts
that were transferred as identified in [section 34179.5(c)(2)] if an enforceable
obligation to make that transfer did not exist." (Health & Safety Code section
00101
34179.5(c)(6).) Section 34179.5(c)(2) consists of "the dollar value of assets and
cash and cash equivalents transferred after January 1, 2011 ."
AB 1484 contains a definition of "transferred," but unfortunately, like many other
provisions of AB 26 and AB 1484, the definition is ambiguous. Section
34179.5(b)(3) defines "transferred" as "the transmission of money to another party
that is not a payment for goods or services or an investment...." It is unclear if or
how this definition is intended to apply to the conveyance of real property.
Moreover, it is unclear how it applies in situations where the conveyance is made
for fair consideration (e.g., the fair market value of the property).
Based upon the language in AB 1484, concerns have been raised by the League
Working Group that the accountants performing the non -housing DDR/Audit will
add the value of real property transferred during the subject time frame to the
remittance amount that is to be turned over to the County Auditor/Controllers for
distribution to the taxing agencies. (Health & Safety Code section 34179.5(c)(6).)
The auditor conducting the La Quinta DDR/Audit indicated that this would be an
unlikely result given the fact that the real property assets are not liquid assets.
Nonetheless, in order to be conservative and to comply with the letter of the
legislation, transferring the properties to the Successor Agency is recommended.
In addition, based upon the two completed "Asset Transfer Review Reports" issued
by the State Controller's Office (Milpitas and Morgan Hill), it is likely that the 10
properties that were transferred without compensation will ultimately be ordered to
be conveyed to the Successor Agency for distribution consistent with AB 26. The
State Controller's office has taken the position that even public use properties that
ultimately may be transferred to the City for public use must first be held by the
Successor Agency and then transferred to the appropriate agency or entity with
the approval of the Oversight Board. Is it important to note that Health & Safety
Code section 34181(a) allows the Oversight Board to permit the transfer of
government use property to the City.
Twelve non -housing properties held by the former Redevelopment Agency were
conveyed to the City in the subject time period. Of those, ten were transferred as
existing or future public/government facilities for which no compensation was paid
by the City (Attachment 1). The other two properties - the commercial/hotel
development pads comprising approximately 86 acres of SilverRock Resort and
9.89 acres on Highway 111 north of the Coral Mountain project - were purchased
by the City for their fair market value as determined by independent appraisals. A
total of $8,320,000 was paid by the City for those properties.
In order to convey the 10 government purpose properties to the Successor Agency,
the City will need to execute quitclaim deeds in favor of the Successor Agency,
and the Successor Agency will need to execute an acceptance of those properties.
The City and the Successor Agency, through these actions, are essentially
, 00102
rescinding the prior transfers. The actions are authorized by the accompanying
resolution. The resolution specifies that the City may still use these properties
even though title is being taken in the name of the Successor Agency.
As to the properties ultimately slated for private redevelopment, it is illogical to
assume that the fair market value transactions between the City and the former La
Quinta RDA should be reversed, since that would further deplete the former La
Quinta RDA's funding. Unfortunately, AB 26 and AB 1484 do not address asset
transfers made for fair market value. Even if the law clearly required reversal,
reversing the purchase and sale transactions would require the purchase price and
property maintenance costs to be refunded to the City. However, the Successor
Agency is not authorized to make such a refund unless the refund is approved by
the Oversight Board and the Department of Finance. Moreover, the refund would
have to be paid from future tax increment and the refund obligation would have to
be added to the ROPS. Given that the reversal of these two purchase and sale
arrangements require these steps, the proposed resolution only conditionally
authorizes the reversal of those transactions. We anticipate that these transactions
will be examined both in the DDR/Audit and ultimately by the State Controller in its
report on the Asset Transfers. For this reason, we are recommending that the City,
in essence, offer to unwind the purchase and sale transactions if, and only if, the
purchase price and property maintenance costs paid by the City with respect to the
transactions are fully refunded to the City. If the City were ordered to return these
properties without a return of the purchase price and property maintenance costs
paid by the City, staff and the City Attorney would want to address the appropriate
course of action at that time.
Under AB 26 and AB 1484, once the DDR/Audit is completed, a long -range
property management plan (the "Property Management Plan") will be prepared that
will outline the proposed use or disposition of all properties then -owned by the
Successor Agency. In addition, if at the time the Property Management Plan is
prepared any of the 10 public use properties have not already been transferred
back to the City pursuant to the process set forth in Health & Safety Code section
34181(a) (which authorizes the Oversight Board to permit the transfer of
government use property to the City), the Property Management Plan should
provide for any of such properties to be transferred back to the City for
governmental use.
While these circumstances will preclude a sale of the Highway 111 and SilverRock
Resort properties pending the completion of the DDRs/Audit and the Controller's
review of the same, the City and/or Successor Agency remain free to negotiate
transactions that are conditioned upon the completion of the wind down process.
00103
CITY SA / HA / FA MEETING DATE: October 2, 2012
ITEM TITLE: Adoption of a Resolution Authorizing the
Processing of Documentation Confirming the Successor
Agency's Ownership of Certain Non -Housing' Properties
and Conditionally Authorizing Processing of
Documentation to Reverse Certain Purchase. and Sale
Transactions Pursuant to Health & Safety Code Section
34167.5
RECOMMENDED ACTION:
AGENDA CATEGORY:
BUSINESS SESSION: _Q
CONSENT CALENDAR: V
STUDY SESSION:
PUBLIC HEARING:
Adopt a Resolution (1) authorizing the processing of documentation confirming the
Successor Agency's ownership of 10 non -housing public use properties; and (2)
conditionally authorizing the processing of documentation to reverse the purchase
and sale transactions for the City's purchase of (a) the 86 acres of vacant land
zoned for private development at the southwest corner of Jefferson Street and
Ave. 52, and (b) the 9.89 acres of commercial property on Highway 111 and Dune
Palms
EXECUTIVE SUMMARY:
The attorneys in the Post Redevelopment Working Group for the League of
California Cities have been in general agreement until just recently that city -
redevelopment agency property transfers that predated June 27, 2011, the
effective date of ABx1 26 ("AB 26"), should be left in place until the completion of
upcoming audits and the State Controller's review of the audit results. However, in
late September, the Working Group reached a consensus that with regard to non -
housing properties that were transferred by redevelopment agencies to their host
cities from January 1, 2011 to June 30, 2011, the host city should consider
transferring the properties to the successor agencies and, in essence, rescinding
(e.g. unwinding) the 2011 transfers. It is suggested that these steps be taken prior
to the commencement (or at least the completion) of the Due Diligence Review
("DDR" )/Audit relating to the former redevelopment agencies' non -housing assets,
.j: 00100
which must be completed by December 15, 2012. The auditors conducting the
DDR/Audit concurred that these steps are advisable given certain language in AB
26 and AB 1484.
FISCAL IMPACT:
The City and the Successor' Agency will incur some administrative and legal costs
related to preparing and recording quitclaim deeds. If the purchase and sale
transactions are fully reversed, or "rescinded," the City should receive a refund of
$8,320,000, the consideration it paid for some of the properties from the
Successor Agency. This repayment obligation would have to be listed on the BOPS
and be paid out of future tax increment. It is difficult to predict the other potential
impacts of these actions.
BACKGROUND/ANALYSIS:
In anticipation of the passage of AB 26, many redevelopment agencies transferred
their assets to their host cities. AB 26 included a provision intended to reverse
these wholesale transfers. Specifically, AB 26 states that "[tlhe Legislature hereby
finds that a transfer of assets by a redevelopment agency [after January 1, 2011 ]
is deemed not to be in the furtherance of the Community Redevelopment Law and
is thereby unauthorized." AB 26 further states, in part, that "[commencing
February 1, 20121, ... arrangements between the city ... that created the
redevelopment agency and the redevelopment agency are invalid...."
AB 26 envisioned all of a redevelopment agency's assets going to its successor
agency for appropriate disposition. In this regard, AB 26 states, in part, that "[alll
... properties [and] buildings ... of the former redevelopment agency are transferred
on [February 1, 20121, to the control of the successor agency."
On April 20, 2012, the California State Controller issued a letter to all public
agencies that stated "[i]f your city ... received any assets from a redevelopment
agency after January 1, 2011, your city ... hereby is ordered to ... reverse the
transfer and return the applicable assets to the successor agency of the relevant
redevelopment agency."
AB 1484 ("AB 1484") was signed by the Governor on June 27, 2012. It makes
changes to AB 26 and establishes the DDR/Audit process. The DDR/Audit process
includes a review of the property transfers from redevelopment agencies to their
host cities. The DDR/Audit includes a process by which the auditor is to calculate
the amount of funds available to be distributed to affected taxing agencies. Of
particular concern is a provision stating that the auditor is to "add any amounts
that were transferred as identified in [section 34179.5(c)(2)] if an enforceable
obligation to make that transfer did not exist." (Health & Safety Code section
00101
34179.5(c)(6).) Section 34179.5(c)(2) consists of "the dollar value of assets and
cash and cash equivalents transferred after January 1, 2011 ."
AB 1484 contains a definition of "transferred," but unfortunately, like many other
provisions of AB 26 and AB 1484, the definition is ambiguous. Section
34179.5(b)(3) defines "transferred" as "the transmission of money to another party
that is not a payment for goods or services or an investment...." It is unclear if or
how this definition is intended to apply to the conveyance of real property.
Moreover, it is unclear how it applies in situations where the conveyance is made
for fair consideration (e.g., the fair market value of the property).
Based upon the language in AB 1484, concerns have been raised by the League
Working Group that the accountants performing the non -housing DDR/Audit will
add the value of real property transferred during the subject time frame to the
remittance amount that is to be turned over to the County Auditor/Controllers for
distribution to the taxing agencies. (Health & Safety Code section 34179.5(c)(6).)
The auditor conducting the La Quinta DDR/Audit indicated that this would be an
unlikely result given the fact that the real property assets are not liquid assets.
Nonetheless, in order to be conservative and to comply with the letter of the
legislation, transferring the properties to the Successor Agency is recommended.
In addition, based upon the two completed "Asset Transfer Review Reports" issued
by the State Controller's Office (Milpitas and Morgan Hill), it is likely that the 10
properties that were transferred without compensation will ultimately be ordered to
be conveyed to the Successor Agency for distribution consistent with AB 26. The
State Controller's office has taken the position that even public use properties that
ultimately may be transferred to the City for public use must first be held by the
Successor Agency and then transferred to the appropriate agency or entity with
the approval of the Oversight Board. Is it important to note that Health & Safety
Code section 34181(a) allows the Oversight Board to permit the transfer of
government use property to the City.
Twelve non -housing properties held by the former Redevelopment Agency were
conveyed to the City in the subject time period. Of those, ten were transferred as
existing or future public/government facilities for which no compensation was paid
by the City (Attachment 1). The other two properties - the commercial/hotel
development pads comprising approximately 86 acres of SilverRock Resort and
9.89 acres on Highway 111 north of the Coral Mountain project - were purchased
by the City for their fair market value as determined by independent appraisals. A
total of $8,320,000 was paid by the City for those properties.
In order to convey the 10 government purpose properties to the Successor Agency,
the City will need to execute quitclaim deeds in favor of the Successor Agency,
and the Successor Agency will need to execute an acceptance of those properties.
The City and the Successor Agency, through these actions, are essentially
, 00102
rescinding the prior transfers. The actions are authorized by the accompanying
resolution. The resolution specifies that the City may still use these properties
even though title is being taken in the name of the Successor Agency.
As to the properties ultimately slated for private redevelopment, it is illogical to
assume that the fair market value transactions between the City and the former La
Quinta RDA should be reversed, since that would further deplete the former La
Quinta RDA's funding. Unfortunately, AB 26 and AB 1484 do not address asset
transfers made for fair market value. Even if the law clearly required reversal,
reversing the purchase and sale transactions would require the purchase price and
property maintenance costs to be refunded to the City. However, the Successor
Agency is not authorized to make such a refund unless the refund is approved by
the Oversight Board and the Department of Finance. Moreover, the refund would
have to be paid from future tax increment and the refund obligation would have to
be added to the ROPS. Given that the reversal of these two purchase and sale
arrangements require these steps, the proposed resolution only conditionally
authorizes the reversal of those transactions. We anticipate that these transactions
will be examined both in the DDR/Audit and ultimately by the State Controller in its
report on the Asset Transfers. For this reason, we are recommending that the City,
in essence, offer to unwind the purchase and sale transactions if, and only if, the
purchase price and property maintenance costs paid by the City with respect to the
transactions are fully refunded to the City. If the City were ordered to return these
properties without a return of the purchase price and property maintenance costs
paid by the City, staff and the City Attorney would want to address the appropriate
course of action at that time.
Under AB 26 and AB 1484, once the DDR/Audit is completed, a long -range
property management plan (the "Property Management Plan") will be prepared that
will outline the proposed use or disposition of all properties then -owned by the
Successor Agency. In addition, if at the time the Property Management Plan is
prepared any of the 10 public use properties have not already been transferred
back to the City pursuant to the process set forth in Health & Safety Code section
34181(a) (which authorizes the Oversight Board to permit the transfer of
government use property to the City), the Property Management Plan should
provide for any of such properties to be transferred back to the City for
governmental use.
While these circumstances will preclude a sale of the Highway 111 and SilverRock
Resort properties pending the completion of the DDRs/Audit and the Controller's
review of the same, the City and/or Successor Agency remain free to negotiate
transactions that are conditioned upon the completion of the wind down process.
00103
ALTERNATIVES:
Retain title to the 12 properties pending the completion of the DDRs/Audit and the
Controller's review of the same.
Authorize the City Manager to effectuate the conveyance of the 10 government
use properties but take no action with regard to the(a) the 86 acres of vacant land
zoned for private development at the southwest corner of Jefferson Street and
Ave. 52, and (b) the 9.89 acres of commercial property on Highway 111 and Dune
Palms.
Respectfully submitted,
JAtor
n Jenson
City
Attachment: 1 . List of 10 Non -Housing Public Use Properties Transferred
From the RDA to the City between Jan. 1, 2011 and
June 30, 2011 for Public Use Purposes
001n4
ATTACHMENT 1
List of 10 Non -Housing Public Use Properties
Transferred From the RDA to the City between Jan. 1,
2011 and June 30, 2011 for Public Use Purposes
1
243 acres of vacant land purchased with tax exempt
bonds intended and zoned for public use at the
southwest corner of Jefferson and Ave. 52
2
Addition to Fritz Burns Park
3
La Quinta Museum
411-ibrary
Parkin Lot Paved with Shade Structures)
5
Parking Lot behind Village Community Police Station
6
Public Parking Lot in Village
7
Landscaped Lot Next to Senior Center
8
Pioneer Park
9
La Quinta Park
10
.30 acre landscape lot -Parcel Map 33588, SW Corner
Highway 111 and Dune Palms Road
1` 00105
RESOLUTION NO. 2012-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA AUTHORIZING
THE PROCESSING OF DOCUMENTATION
CONFIRMING ITS OWNERSHIP OF CERTAIN NON -
HOUSING PROPERTIES AND CONDITIONALLY
AUTHORIZING PROCESSING OF
DOCUMENTATION TO REVERSE CERTAIN
PURCHASE AND SALE TRANSACTIONS
WHEREAS, the City Council of the City of La Quinta ("City Council" or "City,"
as applicable) approved and adopted (i) the Redevelopment Plan for La Quinta Project
Area No. 1 ("Project Area No. 1 " or "Project Area No. 1 Redevelopment Plan," as
applicable) on November 29, 1983, by Ordinance No. 43, as amended on December
20, 1994, by Ordinance No. 258, on August 19, 2003, by Ordinance No. 388, and on
March 16, 2004, by Ordinance No. 402; and (ii) the Redevelopment Plan for La Quinta
Redevelopment Project Area No. 2 ("Project Area No. 2" or "Project Area No. 2
Redevelopment Plan," as applicable) on May 16, 1989, by Ordinance No. 139, as
amended on December 20, 1994, by Ordinance No. 259, on February 3, 2004, by
Ordinance No. 399, on March 16, 2004, by Ordinance No. 403, and on March 16,
2004, by Ordinance No. 404; and
WHEREAS, the former La Quinta Redevelopment Agency ("Agency") was
engaged in activities to execute and implement the Project Area No. 1
Redevelopment Plan and the Project Area No. 2 Redevelopment Plan (collectively,
the "Redevelopment Plans") pursuant to the provisions of the California Community
Redevelopment Law (Health and Safety Code § 33000, at seq.) ("CRL" ); and
WHEREAS, as part of the 2011-12 State budget bill, the California
Legislature enacted and the Governor signed, ABx1 26 ("AB 26") requiring that
each redevelopment agency be dissolved; and
WHEREAS, an action challenging the constitutionality of AB 26 and
companion bill ABx1 27 was filed in the California Supreme Court by the California
Redevelopment Association, the League of California Cities, and two individual
cities; and
WHEREAS, on December 29, 2011, the Court upheld AB 26; and
WHEREAS, the Agency was responsible for the administration of
redevelopment activities within the City; and
00106
Resolution No. 2012-
Non-Housing Agency/City Real Property Transactions
Adopted: October 2, 2012
Page 2
WHEREAS, Section 33220 of the
may aid and cooperate in the planning,
redevelopment projects; and
CRL provides that certain public bodies
undertaking, construction or operation of
WHEREAS, pursuant to such authority, the City and the Agency worked
cooperatively to implement redevelopment projects and to provide funding
necessary to effectuate the completion of redevelopment projects; and
WHEREAS, pursuant to this cooperative effort, numerous public use
properties were acquired, developed, and/or prepared for development as publically
owned City facilities available for public use, a list of which is attached hereto as
Exhibit A and incorporated herein by this reference (the "Public Use Properties").
The City has assumed operation of the Public Use Properties. These Public Use
Properties were and are intended for use by the City for municipal purposes for
ongoing efforts to redevelop, provide recreational opportunities, revitalize and/or
eliminate blight in the Agency's redevelopment project areas; and
WHEREAS, pursuant to its powers under the CRL, the Agency acquired the
following two additional properties intended for future redevelopment purposes: (1)
a 9.89-acre property on Highway 111 east of Dune Palms Road, which was the
site of a now abandoned mobile home park, and (2) 86 acres within the City's
SilverRock Resort, which are identified for future resort/commercial development, a
list of which is attached hereto as Exhibit B and incorporated herein by this
reference (the "Future Development Properties"); and
WHEREAS, during the time period of January 1, 2011, to June 30, 2011,
the City approved and agreed to accept the ownership of the Public Use Properties,
executing certificates of acceptance (the "Certificates of Acceptance") for the.
Agency deeds designed to transfer ownership of the Public Use Properties from the
Agency to the City (the "Agency Deeds"); and
WHEREAS, on or about the dates listed on Exhibit A, the Agency Deeds,
along with the Certificates of Acceptance, were recorded in the official records of
the County of Riverside; and
WHEREAS, the Agency caused the preparation of appraisals of the Future
Development Properties in 2011, and thereafter, the City and Agency entered into
purchase and sale transactions whereby the City acquired the properties in
exchange for paying to the Agency the fair market value of the Future
Development Parcels ($8,320,000); and
WHEREAS, during the time period of January 1, 2011, to June 30, 2011,
the City approved and agreed to accept the ownership of the Future Development
i. UPI
Resolution No. 2012-
Non-Housing Agency/City Real Property Transactions
Adopted: October 2, 2012
Page 3
Properties, executing certificates of acceptance (the "FDP Certificates of
Acceptance") for the Agency deeds designed to transfer ownership of the Future
Development Parcels from the Agency to the City (the "FDP Agency Deeds"); and
WHEREAS, none of the transfers of the Public Use Properties, the Future
Development Properties, or any of the related documents and actions, were
challenged within the applicable statute of limitations; and
WHEREAS, AB 26 states, in part, that "[tihe Legislature hereby finds that a
transfer of assets by a redevelopment agency [after January 1, 20111 is deemed
not to be in the furtherance of the [CRLI and is thereby unauthorized;" and
WHEREAS, AB 26 is unclear whether this provision relating to asset
transfers is intended to extend to fair market value transactions such as.those
entered by the City and the Agency for the Future Development Properties; and
WHEREAS, AB 26 further states, in part, that "[clommencing [February 1,
20121, ... arrangements between the city ... that created the redevelopment
agency and the redevelopment agency are invalid...;" and
WHEREAS, by February 1, 2012, the transaction between the City and the
Agency for the purchase and sale of the Future Development Parcels was
complete; and
WHEREAS, AB 26 further states, in part, that "[alll ... properties [and]
buildings ... of the former redevelopment agency are transferred on [February 1,
20121, to the control of the successor agency;" and
WHEREAS, on or about April 20, 2012, the California State Controller issued
correspondence stating, in part, that "[ilf your city ... received any assets from, a
redevelopment agency after January 1, 2011, your city ... hereby is ordered to ...
reverse the transfer and return the applicable assets to the successor agency of the
relevant redevelopment agency;" and
WHEREAS, Assembly Bill 1484 ("AB 1484") was signed by the Governor of
California on June 27, 2012, making changes to AB 26 and certain additional
changes to the CRL; and
WHEREAS, AB 1484, at California Health and Safety Code Section
34179.5(c)(2), categorizes certain assets as those "transferred after January 1,
2011 ... by the redevelopment agency ... to the city ... that formed the
redevelopment agency...." ("Section 34179.5(c)(2) Assets"); and
001 f)8
Resolution No. 2012-
Non-Housing Agency/City Real Property Transactions
Adopted: October 2, 2012
Page 4
WHEREAS, AB 1484, at California Health and Safety Code Section
34179.5(c)(1), categorizes certain other assets as those "transferred from the
former redevelopment agency to the successor agency on or about February 1,
2012." ("Section 34179.5(c)(1) Assets"); and
WHEREAS, because (i) AB 26 states that a transfer of assets by a
redevelopment agency after January 1, 2011 was "unauthorized," (ii) AB 26
further states that commencing February 1, 2012, arrangements between a
redevelopment agency and the city that created it are "invalid" and (iii) the State
Controller has purported to order that ownership of certain assets be vested in
successor agencies, the Public Use Properties therefore should not be categorized
as Section 34179.5(c)(2) Assets; and
WHEREAS, because AB 26 states that all properties and buildings of the
former redevelopment agency are transferred on February 1, 2012, to the control
of the successor agency, the Public Use Properties therefore should be categorized
as Section 34179.5(c)(1) Assets; and
WHEREAS, because the Future Development Properties were conveyed to
the City in exchange for payment of their fair market value, those transactions
cannot be reversed unless and until the purchase prices and property maintenance
costs are refunded to the City; and
WHEREAS, the Successor Agency is willing to accept title to the Future
Development Properties only if the Oversight Board and the State require the
Successor Agency to take title to those properties and also provide for the
Successor Agency to refund the purchase payments and property maintenance.
costs to the City; and
WHEREAS, the Successor Agency does not acknowledge that the purported
transfer of the Public Use Properties or the Future Development Properties by the
Agency to the City was not in furtherance of the CRL; and
WHEREAS, the Successor Agency does not acknowledge the effectiveness
of the Legislature's purported deeming not to be in furtherance of the CRL the
purported transfer of assets that was conducted in accordance with the CRL at the
time when made and not challenged within the applicable statute of limitations; and
WHEREAS, the Successor Agency does not acknowledge that commencing
February 1, 2012, arrangements between the redevelopment agency and the city
that created it are invalid; and
00109
Resolution No. 2012-
Non-Housing Agency/City Real Property Transactions
Adopted: October 2, 2012
Page 5
WHEREAS, the Successor Agency does not acknowledge the effectiveness
of the California State Controller's order to reverse the transfer of the Public Use
Properties or the Future Development Properties and return the applicable assets to
the Successor Agency; and
WHEREAS, the Successor Agency has limited financial resources and desires
not to initiate litigation at this time with regard to AB 26, AB 1484 and/or the
purported order by the California State Controller that ownership of the Public Use
Properties be vested in the Successor Agency; and
WHEREAS, in order to avoid the costs of litigation and other costs, the
Successor Agency desires to take action in a manner consistent with AB 26, AB
1484 and the California State Controller's purported order, and in furtherance of its
duties under California Health and Safety Code Sections 34179.6(h)(1) and
34179.6(f), by processing documentation reflecting its ownership of the Public Use
Properties, without acknowledging the effectiveness of AB 26, AB 1484 and/or
such order and duties, expressly disclaiming the same; and
WHEREAS, the Successor Agency's processing of documentation reflecting
its ownership of the Public Use Properties is not intended to waive, and shall not
constitute a waiver, by the Successor Agency of any constitutional, legal or
equitable rights that the Successor Agency may have to challenge, through
administrative or judicial proceedings, the effectiveness and/or legality of all or any
portion of AB 26 or AB 1484, any determinations rendered or actions or omissions
to act by any public agency or government entity or division in the implementation
of AB 26 and AB 1484, and any and all related legal and factual issues, and the
Successor Agency expressly reserves any and all rights, privileges, and defenses
available under law and equity; and
WHEREAS, this Resolution has been reviewed with respect to applicability of
the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines
(California Code of Regulations, Title 14, Sections 15000 et seq., hereafter the
"Guidelines"), and the City's environmental guidelines; and
WHEREAS, per Section 15301 of the State CEQA Guidelines, the transfer of
real property is exempt from environmental review under CEQA because the
transfer will result in a continuation of an existing facility involving no expansion of
use and is therefore exempt from environmental review, and any future
development of the real property will require separate environmental review; and
WHEREAS, all of the prerequisites with respect to the approval of this
Resolution have been met.
00110
Resolution No. 2012-
Non-Housing Agency/City Real Property Transactions
Adopted: October 2, 2012
Page 6
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City to the
La Quinta, as follows:
Section 1. The foregoing recitals are true and correct and are a substantive
part of this Resolution.
Section 2. The City Council hereby rescinds it previous acceptance of the
transfers of the Public Use Properties and authorizes the processing of
documentation confirming the Successor Agency's ownership of the Public Use
Properties, including the execution of quitclaim deeds in favor of the Successor
Agency therefor. As to the Future Development Properties, the City Council
authorizes the processing of documentation for the reversal of the transactions in
which the City purchased those properties if the purchase price is refunded to the
City and if it is conclusively determined that those transactions are required to be
rescinded pursuant to AB 26 and/or AB 1484. If the Future Development Parcels
are required to be conveyed to the Successor Agency, the City Manager is
authorized and directed to take all steps necessary to ensure the repayment of the
purchase price and property maintenance costs to the City.
Section 3. The City Manager, or his designee, is hereby authorized and
directed to take such actions and execute such documents as are necessary to
effectuate the intent of this Resolution on behalf of the City.
Section 4. The City shall continue to use the Public Use Properties for their
intended purpose.
Section 5. This Resolution shall take effect upon the date of its adoption.
Section 6. If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of this Resolution that can be given effect without the
invalid provision or application, and to this end the provisions of this Resolution are
severable. The City Council hereby declares that it would have adopted this
Resolution irrespective of the invalidity of any particular portion thereof.
PASSED, APPROVED, AND ADOPTED at the meeting of the City Council of City of
La Quinta held this 2nd of October, 2012, by the following vote, to wit:
AYES:
NOES:
ABSENT:
00111
Resolution No. 2012-
Non-Housing Agency/City Real Property Transactions
Adopted: October 2, 2012
Page 7
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta
ATTEST:
SUSAN MAYSELS, City Clerk
City of La Quinta Redevelopment
(AGENCY SEAL)
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney, City of La Quinta
00112
EXHIBIT A
ASSET DESCRIPTION
TRANSFER DATE
1
243 acres of vacant land purchased with tax exempt
bonds intended and zoned for public use at the
southwest corner of Jefferson and Ave. 52
3/4/2011
2
jAddition to Fritz Burns Park
3/4/2011
3
La Quinta Museum
3/4/2011
4
Library Parking Lot (Paved with Shade Structures)
3/4/2011
5
Parking Lot behind Village Community Police Station
3/4/2011
6
Public Parking Lot in Village
3/4/2011
7
Landscaped Lot Next to Senior Center
3/4/2011
8
Pioneer Park
3/4/2011
9
1 La Quinta Park
3/4/2011
10
1.30 acre landscape lot -Parcel Map 33588, SW Corner
Highway 111 and Dune Palms Road
3/4/2011
00113
EXHIBIT B
SilverRock Resort:
Acreage
Parcel Description
Use
86.87
Parcels within Parcel Map
33367
Future Private Development
Highway 111/East of Dune Palms Road.
Acreage
Parcel Description
Use
Assessors Parcel Number
9.89
600-020-047
Future Private Develo ment
00114
IT / SA / HA / FA MEETING DATE: October 2, 2012
ITEM TITLE: Approval of Demand Register Dated
October 2, 2012
RECOMMENDED ACTION:
Approve Demand Register Dated October 2, 2012
EXECUTIVE SUMMARY:
None.
FISCAL IMPACT:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: —1
STUDY SESSION:
Piim w HFARING!
Demand of Cash City $1,437,854.68
Demand of Cash -Successor Agency of RDA $166,968.50
Demand of Cash — HA $0.00
Demand of Cash — HA Comm $0.00
BACKGROUND/ANALYSIS:
Prepaid Warrants:
Payable Warrants:
97130 - 97170 }
$159,842.55
97171 - 97205 }
$212,460.48
Voids }
$(2,342.16)
Wire Transfers}
$187,667.25
P/R 36683 — 36686}
$222,550.93
P/R Tax Transfers }
$79,915.96
00115
97206 - 97320} $744,728.17
$1,604,823.18
ALTERNATIVES:
None.
Respectfully submitted,
Robbeyn Mrd, Finance Director
00116
CITY OF LA QUINTA
BANK TRANSACTIONS 9/12/12 - 9/25/12
09/14/12 WIRE TRANSFER - ICMA $23,748.29
09/14/12 WIRE TRANSFER - LQCEA $142.50
09/14/12 WIRE TRANSFER - SUPERIOR PRINTING $57.53
09/18/12 WIRE TRANSFER - TASC $1,332.60
09/18/12 WIRE TRANSFER - LANDMARK $105,275.44
09/21/12 WIRE TRANSFER - PERS $57,110.89
TOTAL WIRE TRANSFER OUT $187,667.25
00117
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00141
T-af 4 4 a"
FA MEETING DATE: October 2, 2012
AGENDA CATEGORY:
ITEM TITLE: Consideration of Adoption of a Resolution of BUSINESS SESSION: 3
Intention to Approve and an Ordinance Authorizing an CONSENT CALENDAR:
Amendment to the Contract Between the Board of
Administration of the California Public Employees' STUDY SESSION: _
Retirement System and the City Council of the City of
La Quinta Changing the Retirement Formula to 2% at 60 PUBLIC HEARING:
RECOMMENDED ACTION:
Adopt a Resolution of intention to approve an amendment to the contract between
the Board of Administration of the California Public Employees' Retirement System
(CaIPERS) and the City Council of the City of La Quinta changing the retirement
formula to 2% at 60; and
Introduce an ordinance of the City of La Quinta authorizing an amendment to the
contract between the City and the California Public Employees' Retirement System
changing the retirement formula to 2% at 60.
1, Move to take up Ordinance No
further reading.
2. Move to introduce Ordinance No
EXECUTIVE SUMMARY:
by title and number only and waive
on the first reading.
The City and La Quinta City Employees' Association (LQCEA) recently agreed to
amend the CaIPERS retirement contract to incorporate a second tier benefit level of
2% at age 60, which only affects employees hired after January 1, 2013. In order to
effectuate the amendment, CaIPERS requires the following:
1) Adopt a Resolution of intention to approve an amendment to the contract;
2) Employee election; and
3) Adopt an Ordinance to amend the contract.
Adopting the resolution of intention is the initial step. The recently approved
Memorandum of Understanding with the LQCEA contains provisions electing and
00142
approving this intended action, which accomplishes step 2 above. Introduction of the
Ordinance for adoption is the final step.
FISCAL IMPACT:
In addition to a change in retirement formula for new hires, adoption of a second tier
benefit level also changes both the employer and employee contribution rates assessed
by CalPERS. The CalPERS valuation estimates the City's total employer contribution
rate for newly hired members after January 1, 2013 will be 7.846% of reportable
earnings versus the current rate of 13.914%. The employee contribution rate for
newly hired members after January 1, 2013 will be 7% of reportable earnings (rate for
current employees is 8%). According to the CalPERS' valuation, the ultimate employer
annual dollar savings is about 2.7% of the second tier fiscal year payroll (or 2.7% of
the wages paid to those employees hired after January 1, 2013). Actual savings
attributable to the proposed contract amendment are unknown at this time since the
proposed rate changes only affect employees hired after January 1, 2013.
BACKGROUND/ANALYSIS:
The City and LQCEA negotiated the formula change to 2% at 60 through a
Memorandum of Understanding that became effective on July 1, 2012. The
retirement formula for current employees is 2.5% at 55, calculated on a final average
compensation period of one year. California retirement law clearly establishes that a
public employee's retirement benefits are a form of deferred compensation in which
the employee has a vested right. By statute and contract, public employers decide
how much of an employee's compensation will be paid currently and how much will be
deferred and paid in the future. The terms of the existing CalPERS contract reflect the
City's obligation to honor the terms established by it for existing employees. The City
is allowed to amend its contract to eliminate or reduce certain benefits for employees,
but only for those hired after the effective date of the amendment to the contract.
The second tier benefit level this contract amendment would implement is 2.0% at 60,
calculated on a final average compensation period of three years. The second tier
benefit level will apply to all new employees hired after January 1, 2013.
ALTERNATIVES:
Staff also requested and received a valuation from CalPERS for a formula change to
2% at 50, which calculated the ultimate employer annual dollar savings at
approximately 1.7% of second tier fiscal year payroll. Since the valuation of savings
for the 2% at 60 formula was approximately 2.7%, Council directed staff to pursue
the latter.
00143
Respectfully submitted,
dy,t+ o(. , K1'.C/WICP.P,y
Terry Libeeringer
Human Resources/General Services Manager
00144
RESOLUTION NO.2012 —
A RESOLUTION OF INTENTION OF THE CITY COUNCIL
OF THE CITY OF LA QUINTA, CALIFORNIA, TO APPROVE
AN AMENDMENT TO CONTRACT BETWEEN THE BOARD
OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CITY OF LA QUINTA
WHEREAS, the Public Employees' Retirement Law permits the participation of
public agencies and their employees in the Public Employees' Retirement System by the
execution of a contract, and sets forth the procedure by which said public agencies may
elect to subject themselves and their employees to amendments to said Law; and
WHEREAS, one of the steps in the procedures to amend this contract is the
adoption by the governing body of the public agency of a resolution giving notice of its
intention to approve an amendment to said contract, which resolution shall contain a
summary of the change proposed in said contract; and
WHEREAS, the following is a statement of the proposed change:
To provide Section 20475 (Different Level of Benefits). Section 21353 (2% @
60 Full formula) is applicable to local miscellaneous members entering
membership for the first time in the miscellaneous classification after the
effective date of this amendment to contract.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the above
agency does hereby give notice of intention to approve an amendment to the contract
between said public agency and the Board of Administration of the Public Employees'
Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and
by this reference made a part hereof.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City
Council held on this 2nd day of October, 2012, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
00145
Resolution No. 2012-
CalPERS Contract Amendment 2013
Adopted: October 2, 2012
Page 2
ATTEST:
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
(Amendment) 00146
CON-302 (Rev. 4/96) �
Ca1PERS
California
Public Employees' Retirement System
�=VAal- kI
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of La Quinta
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective
December 16, 1983, and witnessed November 1, 1983, and as amended effective
November 12, 1988, November 2, 1990, January 18, 1991, November 1, 1991, June 7,
2002 and December 15, 2003 which provides for participation of Public Agency in said
System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 12 are hereby stricken from said contract as executed
effective December 15, 2003, and hereby replaced by the following paragraphs
numbered 1 through 14 inclusive:
All words and terms used herein which are defined in the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age" shall
mean age 55 for local miscellaneous members entering membership in
the miscellaneous classification on or prior to the effective date of this
amendment to contract and age 60 for local miscellaneous members
entering membership for the first time in the miscellaneous classification
after the effective date of this amendment to contract.
00147
2. Public Agency shall participate in the Public Employees' Retirement
System from and after December 16, 1983 making its employees as
hereinafter provided, members of said System subject to all provisions of
the Public Employees' Retirement Law except such as apply only on
election of a contracting agency and are not provided for herein and to all
amendments to said Law hereafter enacted except those, which by
express provisions thereof, apply only on the election of a contracting
agency.
3. Public Agency agrees to indemnify, defend and hold harmless the
California Public Employees' Retirement System (CaIPERS) and its
trustees, agents and employees, the CaIPERS Board of Administration,
and the California Public Employees' Retirement Fund from any claims,
demands, actions, losses, liabilities, damages, judgments, expenses and
costs, including but not limited to interest, penalties and attorneys fees
that may arise as a result of any of the following:
(a) Public Agency's election to provide retirement benefits,
provisions or formulas under this Contract that are different than
the retirement benefits, provisions or formulas provided under
the Public Agency's prior non-CaIPERS retirement program.
(b) Public Agency's election to amend this Contract to provide
retirement benefits, provisions or formulas that are different than
existing retirement benefits, provisions or formulas.
(c) Public Agency's agreement with a third party other than
CaIPERS to provide retirement benefits, provisions, or formulas
that are different than the retirement benefits, provisions or
formulas provided under this Contract and provided for under
the California Public Employees' Retirement Law.
(d) Public Agency's election to file for bankruptcy under Chapter 9
(commencing with section 901) of Title 11 of the United States
Bankruptcy Code and/or Public Agency's election to reject this
Contract with the CaIPERS Board of Administration pursuant to
section 365, of Title 11, of the United States Bankruptcy Code
or any similar provision of law.
(e) Public Agency's election to assign this Contract without the prior
written consent of the CaIPERS' Board of Administration.
(f) The termination of this Contract either voluntarily by request of
Public Agency or involuntarily pursuant to the Public Employees'
Retirement Law.
00I48
(g) Changes sponsored by Public Agency in existing retirement
benefits, provisions or formulas made as a result of
amendments, additions or deletions to California statute or to
the California Constitution.
4. Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Employees other than local safety members (herein referred to as
local miscellaneous members).
5. In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not become
members of said Retirement System:
a. SAFETY EMPLOYEES.
6. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment before and not on or after December 15, 2003 shall be
determined in accordance with Section 21354 of said Retirement Law
(2% at age 55 Full).
7. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment on or after December 15, 2003 and not entering membership
for the first time in the miscellaneous classification after the effective date
of this amendment to contract shall be determined in accordance with
Section 21354.4 of said Retirement Law (2.5%at age 55 Full).
8. The percentage of final compensation to be provided for each year of
credited current service as a local miscellaneous member entering
membership for the first time in the miscellaneous classification after the
effective date of this amendment to contract shall be determined in
accordance with Section 21353 of said Retirement Law (2% at age 60
Full).
9. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 20938 (Limit Prior Service to Members Employed on
Contract Date).
b. Section 21573 (Third Level of 1959 Survivor Benefits).
C. Section 20042 (One -Year Final Compensation).
00149
d. Section 21024 (Military Service Credit as Public Service).
e. Section 20475 (Different Level of Benefits). Section 21353 (2% @
60 Full formula) is applicable to local miscellaneous members
entering membership for the first time in the miscellaneous
classification after the effective date of this amendment to contract.
10. Public Agency, in accordance with Government Code Section 20834, shall
not be considered an "employer" for purposes of the Public Employees'
Retirement Law. Contributions of the Public Agency shall be fixed and
determined as provided in Government Code Section 20834, and such
contributions hereafter made shall be held by the Board as provided in
Government Code Section 20834.
11. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members of said Retirement System.
12. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21573 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local miscellaneous members.
b. A reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contract to cover the costs of
administering said System as it affects the employees of Public
Agency, not including the costs of special valuations or of the
periodic investigation and valuations required by law.
C. A reasonable amount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
13. Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
00150
14. Contributions required of Public Agency and its employees shall be paid
by Public Agency to the Retirement System within fifteen days after the
end of the period to which said contributions refer or as may be prescribed
by Board regulation. If more or less than the correct amount of
contributions is paid for any period, proper adjustment shall be made in
connection with subsequent remittances. Adjustments on account of
errors in contributions required of any employee may be made by direct
payments between the employee and the Board.
B. This amendment shall be effective on the day of
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF LA QUINTA
BY
KAREN DE FRANK, CHIEF
CUSTOMER ACCOUNT SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AMENDMENT CaIPERS ID #2186536078
PERS-CON-702A
BY
PRESIDING OFFICER
Witness Date
Attest:
Clerk
0015,
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE CITY
COUNCIL OF THE CITY OF LA QUINTA AND THE
BOARD OF ADMINISTRATION OF THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
WHEREAS, the City Council of the City of La Quinta, California, does ordain
as follows:
Section 1. An amendment to the contract between the City Council of the City of
La Quinta and the Board of Administration, California Public Employees' Retirement
System is hereby authorized, a copy of said amendment being attached hereto,
marked Exhibit, and by such reference made a part hereof as though herein set out
in full.
Section 2. The Mayor of the City of La Quinta is hereby authorized, empowered,
and directed to execute said amendment for and on behalf of said Agency.
Section 3. This Ordinance shall take effect thirty (30) days after the date of its
adoption, and prior to the expiration of 15 days from the passage thereof shall be
published at least once in The Desert Sun, a newspaper of general circulation in the
city of La Quinta and thence from and thereafter the same shall be in full force and
effect.
PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta
City Council held this day of , 2012, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
00152
Ordinance No.
PERS Contract Amendment 2013
Adopted:
Page 2
ATTEST:
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, SUSAN
MAYSELS, City
Clerk of the City of La
Quinta, California, do hereby
certify the
foregoing to be
a full, true, and correct
copy of Ordinance No.
which was
introduced at a regular meeting on the
day of
2012 and
was adopted
at a regular meeting
held on the day of
, 2012,
not being less than 5 days after the date of introduction
thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in City Council Resolution No. 2006-115.
SUSAN MAYSELS, City Clerk
City of La Quinta, California
00153
Ordinance No.
PERS Contract Amendment 2013
Adopted:
Page 3
DECLARATION OF POSTING
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby
certify that the foregoing ordinance was posted on 2012,
pursuant to Council Resolution.
Susan Maysels, City Clerk
City of La Quinta, California
PERS-CON-11A (Rev. M4) (Amendment)
00154
EXHIBIT
California
Public Employees' Retirement System
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of La Quinta
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective
December 16, 1983, and witnessed November 1, 1983, and as amended effective
November 12, 1988, November 2, 1990, January 18, 1991, November 1, 1991, June 7,
2002 and December 15, 2003 which provides for participation of Public Agency in said
System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 12 are hereby stricken from said contract as executed
effective December 15, 2003, and hereby replaced by the following paragraphs
numbered 1 through 14 inclusive:
All words and terms used herein which are defined in the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age" shall
mean age 55 for local miscellaneous members entering membership in
the miscellaneous classification on or prior to the effective date of this
amendment to contract and age 60 for local miscellaneous members
entering membership for the first time in the miscellaneous classification
after the effective date of this amendment to contract.
00155
2. Public Agency shall participate in the Public Employees' Retirement
System from and after December 16, 1983 making its employees as
hereinafter provided, members of said System subject to all provisions of
the Public Employees' Retirement Law except such as apply only on
election of a contracting agency and are not provided for herein and to all
amendments to said Law hereafter enacted except those, which by
express provisions thereof, apply only on the election of a contracting
agency.
3. Public Agency agrees to indemnify, defend and hold harmless the
California Public Employees' Retirement System (CaIPERS) and its
trustees, agents and employees, the CaIPERS Board of Administration,
and the California Public Employees' Retirement Fund from any claims,
demands, actions, losses, liabilities, damages, judgments, expenses and
costs, including but not limited to interest, penalties and attorneys fees
that may arise as a result of any of the following:
(a) Public Agency's election to provide retirement benefits,
provisions or formulas under this Contract that are different than
the retirement benefits, provisions or formulas provided under
the Public Agency's prior non-CaIPERS retirement program.
(b) Public Agency's election to amend this Contract to provide
retirement benefits, provisions or formulas that are different than
existing retirement benefits, provisions or formulas.
(c) Public Agency's agreement with a third party other than
CaIPERS to provide retirement benefits, provisions, or formulas
that are different than the retirement benefits, provisions or
formulas provided under this Contract and provided for under
the California Public Employees' Retirement Law.
(d) Public Agency's election to file for bankruptcy under Chapter 9
(commencing with section 901) of Title 11 of the United States
Bankruptcy Code and/or Public Agency's election to reject this
Contract with the CaIPERS Board of Administration pursuant to
section 365, of Title 11, of the United States Bankruptcy Code
or any similar provision of law.
(e) Public Agency's election to assign this Contract without the prior
written consent of the CaIPERS' Board of Administration.
(f) The termination of this Contract either voluntarily by request of
Public Agency or involuntarily pursuant to the Public Employees'
Retirement Law.
00150
(g) Changes sponsored by Public Agency in existing retirement
benefits, provisions or formulas made as a result of
amendments, additions or deletions to California statute or to
the California Constitution.
4. Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Employees other than local safety members (herein referred to as
local miscellaneous members).
5. In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not become
members of said Retirement System:
a. SAFETY EMPLOYEES.
6. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment before and not on or after December 15, 2003 shall be
determined in accordance with Section 21354 of said Retirement Law
(2% at age 55 Full).
The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment on or after December 15, 2003 and not entering membership
for the first time in the miscellaneous classification after the effective date
of this amendment to contract shall be determined in accordance with
Section 21354.4 of said Retirement Law (2.5% at age 55 Full).
The percentage of final compensation to be provided for each year of
credited current service as a local miscellaneous member entering
membership for the first time in the miscellaneous classification after the
effective date of this amendment to contract shall be determined in
accordance with Section 21353 of said Retirement Law (2% at age 60
Full).
9. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 20938 (Limit Prior Service to Members Employed on
Contract Date).
b. Section 21573 (Third Level of 1959 Survivor Benefits).
C. Section 20042 (One -Year Final Compensation).
00157.
Section 21024 (Military Service Credit as Public Service).
e. Section 20475 (Different Level of Benefits). Section 21353 (2% @
60 Full formula) is applicable to local miscellaneous members
entering membership for the first time in the miscellaneous
classification after the effective date of this amendment to contract.
10. Public Agency, in accordance with Government Code Section 20834, shall
not be considered an "employer' for purposes of the Public Employees'
Retirement Law. Contributions of the Public Agency shall be fixed and
determined as provided in Government Code Section 20834, and such
contributions hereafter made shall be held by the Board as provided in
Government Code Section 20834.
11. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members of said Retirement System.
12. * Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21573 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local miscellaneous members.
A reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contract to cover the costs of
administering said System as it affects the employees of Public
Agency, not including the costs of special valuations or of the
periodic investigation and valuations required by law.
C. A reasonable amount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
13. Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
0015i;
14. Contributions required of Public Agency and its employees shall be paid
by Public Agency to the Retirement System within fifteen days after the
end of the period to which said contributions refer or as may be prescribed
by Board regulation. If more or less than the correct amount of
contributions is paid for any period, proper adjustment shall be made in
connection with subsequent remittances. Adjustments on account of
errors in contributions required of any employee may be made by direct
payments between the employee and the Board.
B. This amendment shall be effective on the day of
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF LA QUINTA
BY BY
KAREN DE FRANK, CHIEF PRESIDING OFFICER
CUSTOMER ACCOUNT SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Witness Date
Attest:
Clerk
AMENDMENT CaIPERS ID#2186535078
PERS-CON-702A
00159
•
ITY SAMARA MEETING DATE: October 2, 2012
ITEM TITLE: Consideration of an Amendment to the
Facility Use Agreement with the La Quinta Arts
Foundation
RECOMMENDED ACTION:
AGENDA CATEGORY:
BUSINESS SESSION: I
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve the Amendment to the Facility Use Agreement with the La Quinta Arts
Foundation and authorize the City Manager to execute the Amendment.
EXECUTIVE SUMMARY:
The La Quinta Arts Foundation (Foundation) has a Facility Use Agreement with the
City that facilitates their use of the Civic Center Campus, Senior Center Building,
City Hall, and the Library and Senior Center parking lots for the La Quinta Arts
Festival: This Agreement terminates on March 31, 2013. The Foundation
requested an extension for up to 12 years and that the scope of the agreement be
expanded to include allowing the use of some of the Village properties the City
owns be used for parking.
The proposed Amendment (Attachment 1) grants use of the aforementioned
properties for five years with an option to extend the Agreement for five years if
both parties agree. Further, the Agreement provides that the City may elect to
terminate the use of the vacant Village properties for parking upon a 360 day
written notice. Both parties also have the right to cancel the agreement with a one-
year notice.
Through the Agreement, the Foundation will pay $54,000 for the PM10 control
measures involving four parking lots, and the on -going maintenance of the Lots A2
and B2.
00160
FISCAL IMPACT:
Facility Use Fees of $31,900 will not be charged for the use of the Civic Center
Campus and the Senior Center Building for the La Quinta Arts Festival and the
Blues & Blues Event (Attachment 2) for the term of the Agreement which
terminates June 30, 2018. The rational for not charging this fee is that these
events produce sales and business license revenue; in 2012 these events generated
$31,000 in sales tax revenue and $7,500 in business license revenue, respectively.
Further, the Foundation is responsible for all set-up activities and for returning the
facilities in the manner they were found, thus not requiring City staff or the
landscape contractor to undertake these activities.
Per the Amendment, the Foundation agrees to pay $54,000 for PM10 stabilization
and the ongoing maintenance of Lots A2 and B2 for the term of the Agreement.
However, if these maintenance costs exceed $3,000, they become the City's
responsibility.
BACKGROUND/ANALYSIS:
In 2009, a five year Facility Use Agreement was approved terminates on March 31,
2013. In an effort to plan for future facility and parking needs, the Foundation
requested extending this Agreement before it expires and adding several changes to
address parking on the vacant Village lots that the City owns.
Parking on lots Al and B1 will be used for the Foundation events, Chamber events,
Old Town events, and open to the public for over flow parking, which is namely
anticipated to come from Old Town. Lots A2 and B2 will be used exclusively by
the Foundation during the La Quinta Arts Festival, Art Under the Umbrellas and for
large events held in Old Town on an as needed basis.
Gravel will be used for the PM10 management on the four undeveloped lots along
Main Street from the Civic Center Campus to Old Town. City staff is also working
to design and develop the costs associated with establishing a walkway along Main
Street near the parking lots as well as installing desert landscaping along the north
side of lots Al and A2 adjacent to Calle Tampico.
As in the past, the Foundation will need to apply for a Temporary Use Permit for
each annual event.
ALTERNATIVES:
The City Council could elect to assess all or a portion of the Facility Use Fees of
$31,900 for the Civic Center Campus and the Senior Center Building, and/or
change the scope of the amount of property that may be used for these events and
for parking related to these events. However, staff believes that there is
justification to not levy the Facility Use Fees since these events generate direct
00161
business license fee income to the City from the event vendors, and the Foundation
covers all costs associated with setting up cleaning up the facilities.
Respectfully submitted,
Edie Hy ton
Community Services Director
Attachments: 1. Amendment to Facility Use Agreement and Map
2. Tentative Event Schedule
-0016a
ATTACHMENT 1
AMENDMENT NO.1 TO FACILITY USE AGREEMENT
WITH LA QUINTA ARTS FOUNDATION
This Amendment No. 1 to Facility Use Agreement with La Quinta Arts Foundation
("Amendment No.1 ") is made and entered into as of the 18th day of September,
2012 ("Effective Date") by and between. the CITY OF LA QUINTA ("City"), a
California municipal corporation and La Quinta Arts Foundation ("Foundation").
RECITALS
WHEREAS, on or about September 16, 2008, the City and Foundation
entered into a Facility Use Agreement (the "Original Agreement") for the use of the
City Property (as defined below) for the La Quinta Arts Festival (the "Festival").
The term of the Original Agreement expires on March 31, 2013; and
WHEREAS, the City owns certain real property ("Property") which it wishes
to make available to the Foundation for use during the Blues & Brews, Art Under
the Umbrellas, La Quinta Arts Festival, and other events as mutually agreed upon
(collectively, the "LOAF Events"). The Property is generally referred to as the Civic
Center Campus and Senior Center and is depicted on Exhibit A attached to the
Facility Use Agreement; and
WHEREAS, the City has acquired certain additional properties which are
depicted on Exhibit 1 to this Amendment No. 1 and identified as areas All, A2, B1,
B2 and B3 which are not part of the Property. These areas are collectively referred
to as the "Additional Properties".
WHEREAS, the parties recognize that the City may wish to develop one or
more of the Additional Properties for uses that would not be consistent with their
use for parking, and further recognize that the City may wish to sell or otherwise
dispose of one or more of the Additional Properties and they would no longer be
available for parking; and
WHEREAS, the Foundation organizes and puts on an annual outdoor event
referred to as Blues & Brews customarily held in the month of November; and
WHEREAS, the Foundation organizes and puts on an annual outdoor event
referred to as the La Quinta Art Festival customarily held annually in March; and
WHEREAS, the Foundation organizes and puts on annual outdoor events
referred to as Art Under the Umbrellas held in Old Town La Quinta; and
WHEREAS, the City and Foundation wish to amend the Original Agreement
to extend the term for five (5) additional years through June 30, 2018; and
00163
WHEREAS, the City and Foundation wish to make certain portions of the
Additional Properties available for parking during the LQAF Events on the terms and
conditions specified herein.
AMENDMENT
In consideration of the foregoing Recitals and the covenants and promises
hereinafter contained, and for good and valuable consideration, the sufficiency and
receipt of which are hereby acknowledged, the parties hereto agree as follows:
1. Amend Section 2 - Periods for Use of Property to read:
Foundation shall have use of the Property for the following Festival and Blues &
Brews events for break -down and clean-up (collectively referred to in the singular
as "Use Period") for the periods set forth on Exhibit 2.
During the Use Period, the Foundation shall use the Property solely for purposes of
organizing and putting on the Festival and Blues & Brews. The set-up, operation,
and tear down shall be undertaken in substantially the same manner as in the
201 1-2012 events. If the Foundation decides to alter the Use Period for any
reason, Foundation shall, not less than six (6) months prior to the desired dates,
provide City a written request with alternate dates for the Use Period and the City
shall, at its sole discretion, approve or deny such request in writing.
2. Amend Section 3 - Term to read:
The term of this Agreement shall be valid from the date of execution until June 30,
2018 (the "Initial Term"). This Agreement may be extended for five (5) additional
years upon mutual agreement by both parties (the "Extended Term").
3. Amend Section 6 - Parking Facilities to read:
The City grants Foundation the right to use the City -owned parking lots located on
the Property during the Use Period. In addition, during the Festival, the Foundation
may use the uncovered back rows of the south parking lot on Thursday and Friday
of the Festival. The Foundation may use north and south City Hall parking lots on
Saturday and Sunday of the Festival, and may also use those parking lots during
the Blues & Brews. Notwithstanding the foregoing, Foundation shall, at its sole
cost and expense, employ an adequate number of competent and responsible
personnel to be present at all times on the City Hall South parking lot during the Use
Period for the purpose of ensuring that no vehicle associated in any way with the
Festival parks without prior written approval from the City Manager. Said personnel
shall be directed to allow all City employees and persons conducting City business to
park in the City Hall parking lot during City business hours. As part of obtaining.
required City permits, the Foundation shall develop a parking plan for the location
which ensures that parking associated with the Arts Festival in no way interferes with
parking associated with City Hall and the Library building operations.
00164
a. Conditional Use of Portions of Additional Properties for Temporary
Parking. The following Additional Properties will be conditionally
available for Foundation use:
Blues & Brews Event:
The City will allow the Foundation's temporary use of the areas shown on
Exhibit 1 as Al, A2, B1, B2 for parking for the Blues and Brews upon the
terms and conditions set forth herein. When combined with the parking
areas located on the Property, the available parking spaces for this LQAF
Event would be approximately 485 spaces.
La Quinta Arts Festival:
The City will allow the Foundation's temporary exclusive use of the areas
shown on Exhibit 1 as Al, A2, B1, B2 and B3. When combined with the
parking areas located on the Property, the total available parking spaces for
the Festival would be approximately 606 spaces.
Art Under the Umbrellas:
The City will allow the Foundation's temporary use of the areas shown on
Exhibit 1 as Al and B1. The Foundation may request the use of Parcels A2
and B2 if the Foundation believes they are necessary for these events. If
their use is requested, the City Public Works Department will coordinate with
the Foundation to provide the access to Parcels A2 and/or B2 in advance of
the event. Available parking for the Art Under the Umbrellas events is
approximately 87 spaces.
b. The following are conditions for temporary parking areas:
i. Parcels Al, A2, B1, and B2 will be available as set forth in
paragraph a above unless the City provides 360-day prior
written notice to the Foundation that one or more of the
Parcels will not be available. Parcel B3 may be withdrawn from
use under this Agreement by the City's issuance of a 30-day
written notice to the Foundation. In the event the City gives
Foundation written notice as to one or more of such Parcels
under the provision of this subparagraph I, then the Foundation
may, within 365 days thereafter, terminate the Original
Agreement, as amended by Amendment No. 1, by written
notice of such termination to City.
ii. Foundation will be responsible for all clean-up and damage for
the use of all parking areas used during the above -referenced
events.
0016j
iii. Foundation will be responsible at the Foundation's expense for
repair and replacement of the PM10 control on lots A2, and B2.
At a minimum, reapplication of PM10 dust control measures will
be needed every two years, and the estimated cost of $2,200.
In no event shall the cost incurred by the Foundation pursuant
to this subparagraph iii exceeds $3,000 in a two year period. .
4. Add Section 15, subsection (c)
(c) Indemnity Provisions for Subcontractors. Foundation agrees to obtain executed
indemnity agreements with provisions identical to those set forth here in this
section from each and every subcontractor, sub tier contractor or any other person
or entity involved by, for, with or on behalf of Foundation in the performance of this
Agreement. In the event Foundation fails to obtain such indemnity obligations from
others as required here, Foundation agrees to be fully responsible according to the
terms of this section.
5. Add Section 20 — Compensation
All Facility Use Fees will be exempted for the use of the Property and Additional
Properties for the La Quinta Arts Festival and the Blues & Brews events for the
term of the Agreement. The exemption of the Facility Use Fees is included in this
Agreement as a result of the ongoing success of the Foundation events; specifically
La Quinta Arts Festival and Art Under the Umbrellas producing approximately
$31,000 in sales tax and $7,500 in business license revenue in 2012.
Upon execution of this Amendment No. 1, and as consideration therefor,
Foundation will pay $54,000 to the City for PM10 control to Parcels Al, A2, B1,
B2 and B3 in a manner determined and agreed upon by City and Foundation.
6. Add Section 21 - Termination Prior to Expiration of Term
Either party reserves the right to terminate this Agreement at any time, with or
without cause, upon 365 days' written notice to the other party.
In all other respects, the Original Agreement shall remain in effect.
00166
IN WITNESS WHEREOF, the City and Foundation have executed this
Amendment No. 1 to the Facility Use Agreement on the respective dates set forth
below.
CITY OF LA QUINTA a California municipal corporation
Frank Spevacek, City Manager
ATTEST:
Susan Maysels, City Clerk
APPROVED AS TO FORM:
M. Katherine Jenson, City Attorney
LA QUINTA ARTS FOUNDATION
in
Name:
Title:
Dated:
Dated:
00167
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ATTACHMENT 2
LA QUINTA ARTS FOUNDATION
TENTATIVE EVENT SCHEDULE
ARTS FESTIVAL
Set Up & Strike
Events Dates
2014
February 24 — March 10
March 6 — 9
2015
February 23 — March 9
March 5 — 8
2016
February 29 — March 14 .
March 10 — 13
2017
February 27 — March 13
March 9 — 12
2018
February 26 — March 12
March 8 — 11
BLUES &
BREWS
Event Dates
2013
November 9 & (10)
2014
November 8 & (9)
2015
November 14 & 0 5)
2016
November 12 & (13)
2017
November 11 & (12)
CITY/SA/HA/FA MEETING DATE: October 2, 2012
ITEM TITLE: Consideration to Appoint a Member to
the Desert Classic Charities Charity Evaluation
Committee
RECOMMENDED ACTION:
AGENDA CATEGORY:
BUSINESS SESSION: 2
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Appoint a member to the Desert Classic Charities Charity Evaluation Committee).
EXECUTIVE SUMMARY:
Desert Classic Charities is responsible for distributing the funds generated during
the Humana Challenge Golf Tournament to local charities. This year's Humana
Challenge Tournament will be held January 14-20, 2013.
Each year, City Council appoints a member to the Desert Classic Charities Charity
Evaluation Committee (Attachment 1).
Committee members will be assigned 3-5 applications by December 1, 2012. Each
member will be responsible for providing a written approval or non -approval of each
applicant based on the member's interviews, site visits, and research of the
organization.
The Charity Evaluation Committee will meet only once as a group in March 2013.
FISCAL IMPACT:
None.
BACKGROUND/ANALYSIS:
On July 5, 2011, a Use and Marketing Agreement was entered into by Desert
Classic Charities and the City of La Quinta updating the terms and conditions of the
00170
2007 Amended Use Agreement and the Supplemental
Marketing Agreement
for
2011. This Agreement
outlines the roles of the Desert
Classic Charities and
the
City of La Quinta for
the Humana Challenge Golf Event.
In exchange for
the
marketing benefits for
the City of La Quinta, the City
shall provide the Humana
Challenge Event public
safety, solid waste, and parking
services. Additionally,
the
City may have a representative
on the Fund Distribution
Committee. This provides
the City with input on
determining the local charities that receive funds from
the
event.
As part of this Agreement, "The City, at its option, may have a representative on
the Charity Evaluation Committee ("Committee") during the term of this
Agreement. If the Committee is dissolved, the City will hold a seat on the
replacement committee that determines the distribution of the charitable funds
generated by the Humana Challenge Tournament. The representative shall have the
same voting rights and other privileges as all other members of the Committee."
ALTERNATIVES:
The City may choose to appoint a member to the Fund Distribution Committee or
Desert Classic Charities will assign the vacancy to another person of their choice
who is associated with the event but not with the City.
Respectfully submitted,
Edie Hylton
Community Services Director
Attachment: 1. Desert Classic Charities Charity Evaluation Committee
00171
141 11AUNIVItN1 7
Charity Evaluation Committee
The function of the Charity Evaluation Committee is to evaluate grant applications
submitted to Desert Classic Charities by qualified charitable organizations located in
or directly serving the Coachella Valley.
The committee currently consists of 14 individuals. Most members are either
current or former Desert .Classic Charities Board members; others are individuals
from the community well -versed in the unique challenges the Valley faces in
dealing with its many and diverse charitable needs. A list of the current members
of the committee is attached.
Desert Classic Charities reviews charities and distributes charitable funds generated
by the annual Humana Challenge once each year. In May, all charities receiving
funds the previous year are sent applications to be completed and returned by
November 51". In addition, any non-profit organization making a request for an
application is sent one.
After the deadline, the charities are reviewed and pre-screened to assure each
meets the criteria established by the committee. Those charities meeting the
requirements are assigned to individual members of the committee for review.
Each member is assigned between three and five files, depending on the number
received, by December 1 ".
Committee members receive the guidelines and other. material developed over the
years to assist in their mission of objectively researching the organizations. As part
of their investigatory process, they are required to conduct on -site interviews and
tour the facilities with the organization's Executive Director. Members are required
to submit written reports with their recommendation of approval or disapproval to
provide continuity and a history of each charity's progress.
The committee meets
only once and the committee's new
timeline will
set that
date in March, 2013.
At this meeting, each organization
is reviewed
with the
assigned committee
member presenting the request,
making his
or her
recommendation, and
leading the general discussion. Each
organization
is voted
upon.
Through over fifty years of giving, Desert Classic Charities has amassed a wealth
of background information on each of the organizations applying and furnishes
whatever material and support the committee member may need in his or her
evaluation process.
The pattern the last few years has been to prepare checks as quickly as possible
after the committee's general meeting. Committee members are urged to hand -
deliver the contribution to their individual charities. If that is not possible, the
Classic's Charity Administrator will serve that function.
00172
However, in April, 2012, contributions were distributed at a luncheon at LaQuinta
Country Club, attended by the Clinton Foundation and Humana representatives,
and assisted by the anchors of the local television stations. This method of
distribution will undoubtedly be conducted again in March or April of 2013.
The committee's work is done until the next May when the process begins again.
CHARITY EVALUATION COMMITTEE
DESERT CLASSIC CHARITIES
As of September 1, 2012
Keenan Barber, M.D.
Ernie Dunlevie
Linda Evans
John Evenson
John M. Foster
Joe Kirby
Victor LoBue, Jr.
Roger Low
Kevin McGuire
Bill Powers
James R. Reed
A. J. Staples
Eugene Weisberg
Dick Zeigler
00173
Department Report: I R
/ T
"roF�
TO: The Honorable Mayor and Members of the City Council
FROM: Frank J. Spevacek, City Manage
DATE: October 2, 2012
SUBJECT: Department Report - Response to Public Comments
The following public comments were made at the September 18, 2012 City Council
meeting:
1. Robert Sylk, 79-675 Rancho Santa Margarita, La Quinta, spoke regarding United
Nations Agenda 21 and requested the City opt out of page II-133 in the La
Quinta General Plan.
2. Mr. Len Walert, 81773 Contento, La Quinta, spoke on the ramifications of
United Nations Agenda 21.
3. Neeta Quinn, La Quinta, commented on the Planning Department's response to
her letter regarding the City's General Plan regarding paragraph 2 "a sustainable
community element" and the United Nations Agenda 21. She said this is not a
state mandated element.
4. Celaine Ysunza, Rancho Santana, La Quinta, asked for the City's assistance
regarding the City of Indio and proposed EIR on future Goldenvoice events.
Mayor Adolph responded once the City receives the City of Indio's draft EIR we
will be able to provide input. He also stated we will continue to be in contact
with the Rancho Santana HOA.
5. Joy Hall, Rancho Santana, La Quinta, commented the venue for Goldenvoice
events do not have adequate facilities, and should not be held in residential
00174
areas. Ms. Hall said the EIR should performed by an independent party and not
Goldenvoice.
6. Glen Farley, Rancho Santana, La Quinta, thanked Mayor Adolph for meeting
with the residents and providing information on the process of how cities will
work together on an EIR. Mr. Farley commented on the impact the Goldenvoice
events have on the Rancho Santana and Carmela residents and his concern
about future events.
7. David Heckman, 51555 Avenida Navarro, La Quinta, asked for clearer response
regarding City Manager Spevacek and the contract for hiring Henson Consulting.
Mayor Adolph requested Mr. Heckman to be mindful of making accusations.
Mayor Adolph commented the Councils takes no action on public comments but
it is a forum for citizens to be heard.
001.70-
Department Report: i 2
MEMORANDUM
TO: Honorable Mayor and Members of the ity Council
FROM: Frank J. Spevacek, City Manager
DATE: October 2, 2012
SUBJECT: Report on City/Broker Meetings
One of the goals of the City's Economic Development Plan for Fiscal Year
2012/2013 is Support of Local Business by exchanging information with La Quinta
commercial brokers. Building on information gained during last fiscal year's Trends
and Consumer Analysis interviews, Economic Development team members initiated
and conducted meetings with real estate brokers for La Quinta's Highway 111
business corridor.
The team is comprised of the Planning Director, Economic Development/Housing
Manager, Marketing/Economic Development Manager, and a Management
Assistant. The team's primary goal for conducting these meetings is to have
ongoing communication regarding how the City can assist with attracting more
retail business to La Quinta. Another goal is to exchange information. During the
interviews, brokers educated staff about current retail activity and trends. In turn,
the City informed brokers about its efforts to streamline services, including
development review processes, and how it is seeking practical ways to provide
assistance for new construction, retail tenant recruitment and business retention.
Staff also discussed the City's development of La Quinta Village and SilverRock
Resort properties. At each of the meetings, staff provided a packet that includes
the City's current Economic Development Plan, La Quinta's sales tax revenue
information, and demographic profiles of the City.
To date, the team has met with Curtis Barlow of Coldwell Banker Commercial Lyle
and Associates; and Maggie Montez, Brian Ward and Dani Alexander of Lee &
Associates. The meetings were well received and productive. The team will
periodically meet with the brokers throughout the year. Meetings with the
remaining brokers are anticipated in the coming weeks.
00176
Brokers shared their insight and observations about a number of issues, including:
• Current leasing discussions and thoughts on filling La Quinta's vacant box
stores;
• The expense and challenges of opening a new business or new commercial
construction, e.g., city application and permit fees, proposed permit fee
increases, utility permit and inspection fees, the challenges of recovering rent
vs. return;
• Landscaping and signage conflicts;
• Opportunity for administrative permit review prior to final Planning Commission
or City Council review for approval;
• Encouragement that parking requirements not be reduced, and objections to
allowing "paper parking"; and
• Location and site selection of national or retail chains initially setting up in the
desert.
The Economic Development Team will provide periodic reports on its meetings with
commercial brokers who conduct business in La Quinta.
00177
Department Report:
La�T`�•c
U
D
y OF T
TO: The Honorable Mayor and Members of the City Council
FROM: Les Johnson, Planning Directo��
DATE: October 2, 2012
SUBJECT: General Plan Monthly Update
Staff has been working diligently for more than two years updating the La Quinta
General Plan.. This effort has been both extensive and expansive, focusing upon a
target build -out year of 2035 as well as ensuring that all applicable State mandates
are being fully addressed.
Draft copies of the updated General Plan were released and distributed on July 11,
2012. Two public workshops were also conducted that same day with
approximately. 50 residents attending. The required 45-day public comment period
for the Environmental Impact Report (EIR) commenced on July 12, 2012 and
concluded August 27, 2012.
Towards the latter part of August, two letters were received from La Quinta
residents expressing concern with the La Quinta General Plan and its alleged
relationship with United Nations Agenda 21. On September 11, staff provided
written response to the two letters.
The General Plan was considered by the Planning Commission at their meeting of
September 11, 2012. During that meeting, public comment was received, which
included comments from Mrs. Quinn, author of one of the aforementioned resident
letters. Consistent with the letter received, Mrs. Quinn expressed her concerns to
the Planning Commissioners with regards to the La Quinta General Plan alleged
relationship to United Nations Agenda 21. The Planning Commission unanimously
recommended City Council adoption of the General Plan as submitted.
During the public comment section of the September 18, 2012 City Council
meeting, comments were received from multiple individuals expressing similar
concerns with regards to United Nations Agenda 21.
The General Plan was tentatively scheduled for City Council consideration on
October 2, 2012. However, as a result of the comments received, staff has
00178
elected to postpone the October 2, 2012 City Council consideration so that staff
may meet and confer with those who have raised concerns regarding the General
Plan's alignment with Agenda 21. This additional time will allow staff to further
understand these concerns and to assess what changes should be made before
scheduling the General Plan for City Council review.
00179
CITY SA / HA / FA MEETING DATE: October 2, 2012
ITEM TITLE: Public Hearing to Consider an Ordinance
Amending Portions of Chapter 3.24 "Transient
Occupancy Tax;" and Adding Chapter 3.25 "Short -Term
Vacation Rentals" to Title 3 "Revenue and Finance" of
the La Quinta Municipal Code
RECOMMENDED ACTION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION: _
PUBLIC HEARING:
Take up Ordinance No. _ by number and title only and waive further reading;
Motion to introduce Ordinance No. , an ordinance amending the La Quinta
Municipal Code Title 3, Revenue and Finance by amending a portion of Chapter 3.24
and adding Chapter 3.25, on first reading.
EXECUTIVE SUMMARY:
As part of the 2012/2013 Fiscal Year Budget, staff presented City Council with
potential revenue enhancement options; one option was establishing a short-term
vacation rental program to improve collection of the ten percent transient occupancy
tax (TOT) required from such rentals. Establishing this program may generate
$300,000 of new transient occupancy tax revenue during the first year, with full
implementation estimated to generate as much as $600,000 annually.
FISCAL IMPACT:
The proposed program could generate $300,000 in new revenue during the first year
and as much as $600,000 annually thereafter. The City expended $9,960 for
consultant services to assist with the establishment of this program. An additional
$5,000 may be required to implement this program. The FY 2012/2013 budget
provides for up to $15,000 to be used towards implementing this program. Once the
program is underway, additional funds may be necessary to contract for a 24-hour call -
service with the responsibility to receive resident calls regarding short-term vacation
rental activity. The extent of and cost for this service will be known once
implementation is underway.
BACKGROUND/ANALYSIS:
Many vacationers prefer to rent short-term vacation rentals from private owners rather
than stay in hotels. However, most of the owners of these rentals do not collect and
remit the 10% TOT payment as required by the Municipal Code. This Ordinance
would implement current provisions of the Municipal Code as they relate to collecting
TOT from short-term vacation rentals.
There are 106 units registered with the City under the existing TOT registration
requirement. Staff recently visited two popular vacation rental websites, Vacation
Rental by Owner (VRBO) and Homeaway, and observed more than 700 short-term
vacation rentals currently advertised in La Quinta. There could be as many as 1,000
short-term vacation rental units in the City with only 10% of the owners of these units
currently collecting and remitting the required TOT.
The following summarizes the proposed amendments and additions set forth in the
Ordinance in order to establish the short-term vacation rental program:
Proposed Amendments to Chapter 3.24 — Transient Occupancy Tax
The language provided in the definition for "hotel" will be amended in order to identify
and acknowledge short-term vacation rentals as they are defined in Chapter 3.25
(Exhibit A). Additional language proposed for Section 3.24.060 (Exhibit B) will require
all applicable short-term vacation rentals to register with the City as identified in
Chapter 3.25.
Proposed Addition of Chapter 3.25 - Short-term Vacation Rentals
The proposed ordinance (Exhibit C) represents a similar approach to what the cities of
Palm Desert and Rancho Mirage recently enacted. As proposed, Chapter 3.25 requires
homeowners or management companies representing short-term vacation rentals to:
• Annually register rental property(ies).
• Provide contact information of the homeowner and/or authorized agent.
• Designate a local contact person that will be available at all times to respond
within 45 minutes to complaints regarding the rental property. If complaints are
not resolved, the police department will be notified and administrative citations
may apply. A 24-hour call service will be available to respond to complaints via
00181
contacting the local contact person and, when necessary, the police
department.
• Post a city -issued certificate number on any advertisement. This provision is
imperative in order to provide staff the ability to identify registered properties
advertised in publications and on websites such as Vacation Rentals by Owner
(VRBO), Homeaway, and Craigslist. Publication and website advertising are the
predominant way owners advertise vacation rental properties. Those
advertising but not identifying a certificate number will be notified of the City's
short-term vacation rental program and informed of the requirement to register
their property.
• Hand out a copy of a city -prepared 'Good Neighbor Brochure' that will provide
guidelines on noise, parking, and maximum number of occupants to transient(s).
• Report transient occupancy tax activity of the rental units on a monthly basis.
A summary of the items addressed in ordinance include:
• The allowable maximum number of occupants for overnight and daytime guests
Number of
Bedrooms
Total of Overnight
Occupants
Total Daytime Occupants
(including overnight occupants)
0-Studio
2
8
1
4
8
2
6
8
3
8
12
4
10
16
5
12
18
6
14
20
7
14
20
" Overnight (10:01 p.m. - 6:59 a.m.)
"Daytime (7:00 a.m. - 10:00 p.m.)
• Limiting on -site parking to approved driveways, garages, or carports.
• Establish a Misdemeanor Citation section.
• Provide the City with the right to suspend or revoke the permit for a violation of
the short-term vacation rental provisions.
ALTERNATIVES:
1) Do not establish the proposed short-term rental program and direct staff to
continue to require registration of rentals and the collection of transient occupancy
tax in accordance with the current requirements as set forth in Chapter 3.24; or
ME
2) Provide staff with further direction in the development of a short-term vacation
rental program.
submitted,
, Planning Director
00183
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, PORTIONS OF CHAPTER
3.24 "TRANSIENT OCCUPANCY TAX;" AND ADDING
CHAPTER 3.25 "SHORT-TERM VACATION RENTALS"
TO TITLE 3 "REVENUE AND FINANCE" OF THE LA
QUINTA MUNICIPAL CODE
WHEREAS, the City of La Quinta ("City") has the authority under Article 11,
Section 5 of the California Constitution and the City Charter to make and enforce
all ordinances and regulations with respect to municipal affairs; and
WHEREAS, the City has the authority to regulate businesses operating within
the City; and
WHEREAS, short-term vacation rentals of private residences within the City
are subject to the City's transient occupancy tax; and
WHEREAS, the City has a substantial interest in insuring that all required
transient occupancy tax required to be collected and remitted is in fact collected
and remitted on a fair and equitable basis as this tax is an integral part of the City's
budget. Renters of private homes utilize the City's infrastructure and services and
the failure to collect the required taxes from such renters unfairly shifts the burden
of their use to the tax payers of City. The proposed regulations have been
narrowly tailors to only address the issues of most concern and to provide a
mechanism to insure that taxes are collected and remitted on a uniform basis; and
WHEREAS, the City desires and intends to amend the La Quinta Municipal
Code to ensure compliance with the City's transient occupancy tax to promote
accurate collection; and
WHEREAS, at said public hearing, said City Council heard and considered all
testimony and arguments of all interested persons; and
WHEREAS, the City Council of the City of La Quinta, California did on the
181" day of September, 2012, hold a duly noticed Public Hearing and considered
the evidence, written and oral, presented at the hearing.
NOW, THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
00184
Ordinance No.
Short-term Vacation Rental Ordinance
Adopted:
Page 2
SECTION 1. The above recitals are true and correct and are adopted as the
findings of the City Council.
SECTION 2. Title 3 Revenue and Finance of the La Quinta Municipal Code, is
amended as identified on Exhibits "A", "B", and "C", attached hereto and
incorporated herein by this reference.
SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty
(30) days after its adoption.
SECTION 4. POSTING: The City Clerk shall, within 15 days after passage of this
Ordinance, cause it to be posted in at least three public places designated by
resolution of the City Council, shall certify to the adoption and posting of this
Ordinance, and shall cause this Ordinance and its certification, together with proof
of posting, to be entered into the Book of Ordinances of the City of La Quinta.
PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta
City Council held this _ day , 2012, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(SEAL)
00183
Ordinance No.
Short-term Vacation Rental Ordinance
Adopted:
Page 3
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
=.
Ordinance No.
Short-tenn Vacation Rental Ordinance
Adopted:
Page 4
STATE OF CALIFORNIA ►
COUNTY OF RIVERSIDE ► ss.
CITY OF LA QUINTA )
I, SUSAN MAYSELS, City Clerk of the. City of La Quinta, California, do hereby
certify the foregoing to be a full, true, and correct copy of Ordinance No. 50
which was introduced at a regular meeting on the 18' day of September, 2012,
and was adopted at a regular meeting held on the 2"d of October, 2012, not being
less than 5 days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in City Council Resolution No. 2006-1 15.
SUSAN MAYSELS, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby
certify that the foregoing ordinance was posted on pursuant to
Council Resolution.
SUSAN MAYSELS, City Clerk
City of La Quinta, California
00187
EXHIBIT A
Chapter 3.24 Transient Occupancy Tax
Section 3.24.020 Definitions
"Hotel" means any structure, or any portion of any structure, which is
occupied or intended or designed for use or occupancy by transients, including
but not limited to dwelling, lodging or sleeping purposes, and includes any
hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging
house, rooming house, apartment house, time-share project or facility,
dormitory, public or private club, rental space for recreation vehicles, mobile
home or house trailer at a fixed location, or other similar structure or portion
thereof, duplex, triplex, single-family dwelling units, including a "short-term
vacation rental unit as defined in Chapter 3.25' except any private dwelling
house or other individually owned single-family dwelling house unit rented only
occasionally (infrequently) and incidentally to the normal occupancy by the
owner or his family; provided, that the burden of establishing that the housing
or facility is a hotel as defined in this subsection shall be upon the owner or
operator thereof who shall file with the tax administrator such information as
the tax administrator may require, to establish and maintain such status.
00188
EXHIBIT B
3.24.060 Registration
A. Except for short-term vacation rental units as defined in Chapter 3.25
and noted under item C below, every person desiring to engage in or conduct
business as operator of a hotel renting to transients within the city shall file
with the tax administrator an application for a transient occupancy registration
permit for each place of business. Every application for such a permit shall be
made upon a form prescribed by the tax administrator and shall set forth the
name under which the applicant transacts or intends to transact business, the
location of his place of business and such other information as the tax
administrator may require. The application shall be signed by the owner if a
natural person, by a member or partner, if an association or partnership, by an
executive officer or some person specifically authorized by the corporation to
sign the application in the case of a corporation. The transient occupancy
registration permit must be in effect at all times while the business is in
operation and shall be at all times posted in a conspicuous place on the
premises. The permit shall, among other things, state the following:
1. Name of hotel;
2. Name of operator;
3. Hotel address;
4. The date upon which the permit was issued;
5. "This Transient Occupancy Registration Permit signifies that the
person named on the face hereof has fulfilled the requirements of the
Transient Occupancy Tax Chapter by registering with the Tax
Administrator for the purpose of collecting from transients the Transient
Occupancy Tax and remitting said tax to the Tax Administrator. This
Permit does not authorize any person to conduct any unlawful business in
any unlawful manner, nor operate a hotel without strictly complying with
all applicable laws, including but not limited to those requiring a permit
from any board, commission, department or office of this City. This
Permit does not apply in lieu of such other permits which are otherwise
required."
B. At the time of making an application for a registration permit, the
applicant shall pay a registration fee of five dollars for each permit issued.
C. Transient Occupancy Tax Registration Permits issued for the operation
of short-term vacation rentals prior to the date of this ordinance shall remain in
1 1 a °��
r 'n
effect until December 31, 2013. The registration of short-term vacation rentals
shaft be conducted in accordance with the provisions as set forth in Chapter
3.25.
00190
EXHIBIT C
Chapter 3.25
SHORT-TERM VACATION RENTALS
3.25.010 Title. This chapter shall be referred to as the "Short -Term Vacation
Rental Regulations."
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 as provided in Chapter
3.24, 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.
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:
"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.
"Applicant" means the owner of the short-term vacation rental unit or the
owner's authorized agent or representative.
"Authorized agent or representative" means the designated agency or
representative who is responsible for compliance with this chapter with respect to
the short-term vacation rental.
"City manager" means that person acting in the capacity of the city manager
of the city of La Quinta or designee.
"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 the La Quinta Municipal Code and other applicable
00191
laws, rules or regulations pertaining to the use and occupancy of short-term
vacation rental units.
"Local contact person" means the person designated by the owner or the
owner's authorized agent or representative who shall be available twenty-four
hours per day, seven days per week for the purpose of: (1) responding within forty-
five minutes to complaints regarding the condition, operation, or conduct of
occupants of the short-term vacation rental unit; and (2) taking remedial action to
resolve any such complaints.
"Owner" means the person(s) or entity(ies) that hold(s) legal and/or equitable
title to the subject short-term vacation rental.
"Property" means a residential legal lot of record on which a short-term
vacation rental unit is located.
"Responsible person" means an occupant of a short-term vacation rental unit
who is at least eighteen 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 Section 3.24.060
of Chapter 3.24 and Section 3.28.020 of Chapter 3.28.
"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, rented for occupancy for dwelling, lodging, or
sleeping purposes for a period of thirty consecutive calendar days or less, counting
portions of calendar days as full days; except any private dwelling house or other
individually owned single-family dwelling house unit rented only once in a calendar
year.
"Transient" for purposes of this chapter means any person who seeks to
rent or who does rent a short-term vacation rental unit.
3 25.040 Authorized agent or representative.
A. An owner may authorize an agent or a representative to comply with the
requirements of this chapter on behalf of the owner.
00192
B. Notwithstanding subsection A, 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.
3.25.050 Short-term Vacation rental permit —Required.
A. The owner or the owner's authorized agent or representative is required to
obtain a short-term vacation rental permit and a business license from the city
before renting or advertising the availability of a short-term vacation rental unit.
B. A short-term vacation rental permit shall be required to be renewed on an
annual basis in order to remain valid.
3.25.060 Short-term vacation rental permit —Application.
A. The owner or the owner's authorized agent or representative must submit
the following information on a short-term vacation rental permit application form
provided by the city:
1. The name, address, and telephone number, and address 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 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. Contact name and phone number of the homeowner's association, if
applicable;
6. The number of bedrooms and the applicable overnight and daytime
occupancy limit of the proposed short-term vacation rental unit;
7. Acknowledgement of receipt "and inspection of a copy of the good
neighbor brochure;
8. Such other information as the city manager or designee deems
reasonably necessary to administer this chapter.
B. The short-term vacation rental permit application shall be accompanied by an
application fee of $25.
00193
C. A short-term vacation rental permit application may be denied if the applicant
has had a prior short-term vacation rental permit for the same unit revoked within
the past twelve calendar months.
D. Within fourteen days of a change of property ownership, change of owner's
agent or representative, or any other change in material facts pertaining to the
information contained in the vacation rental permit application, the owner or
owner's authorized agent or representative shall submit an application and requisite
application fee for a new short-term vacation rental permit, which must be obtained
prior to continuing to rent the subject unit as a short-term vacation rental.
E. Transient Occupancy Registration Permits issued for the operation of short-
term vacation rentals prior to the effective date of this ordinance shall remain in
effect until December 31, 2013. All short-term vacation rentals shall be registered
annually thereafter in accordance with Section 3.25.050.
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.
B. The number of occupants allowed to occupy any given short-term vacation
rental unit shall be limited as follows:
Total Daytime**
Number of
Total of Overnight*
Occupants
(Including Number
Bedrooms
Occupants
of Overnight
Occupants)
0 — Studio
2
8
1
4
8
2
6
8
3
8
12
4
10
16
5
12
18
6
14
20
7
14
20
* Overnight (10:01 p.m. — 6:59 a.m.)
**Daytime (7:00 a.m. — 10:00 p.m.)
00194
C. While a short-term vacation rental unit is rented, the owner, the owner's
authorized agent or representative and/or the owner's designated local contact
person shall be available twenty-four hours per day, seven days per week for the
purpose of responding within forty-five minutes to complaints regarding the
condition, operation, or conduct of occupants of the short-term vacation rental unit
or their guests.
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 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.
E. 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 ten p.m. and one p.m.
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 a copy of the good neighbor brochure to the responsible person;
and
(3) 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 years and be made readily available
upon request of any officer of the city responsible for the enforcement of any
provision of the Municipal 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 that the
responsible person and/or any occupant and/or guest of the short-term vacation
rental unit has created unreasonable 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 unit, promptly respond
in a timely and appropriate manner to immediately halt or 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
00195
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 in a timely and appropriate manner shall be subject to all
administrative, legal and equitable remedies available to the city.
H. The owner, the owner's authorized agent or representative and/or the
owner's designated local contact person shall report to the city manager, or
designee, the name, violation, date, and time of disturbance of each person
involved in three or more disorderly conduct activities, disturbances or other
violations of any applicable law, rule or regulation pertaining to the use and
occupancy of the subject short-term vacation rental unit.
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) of the Municipal Code.
J. No sign, as that term is defined in Section 9.160.130 of Chapter 9.160
(Signs), shall be posted on the premises to advertise the availability of the short-
term vacation rental unit. Off -site directional signs are prohibited.
K. On -site parking shall be allowed on an approved driveway, garage, and/or
carport areas only. Recreational vehicles may be parked in accordance with the
provisions set forth in Section 9.60.130 of Chapter 9.60.
L. The owner, the owner's 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.
M. 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
of the Municipal Code concerning transient occupancy taxes, including, but not
limited to, submission of a monthly return in accordance with Section 3.24.070 of
Chapter 3.24 of the Municipal Code, which shall be filed monthly even if the short-
term vacation rental unit was not rented during each such month.
N. 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
0O196
any potential secondary effects unique to the subject short-term vacation rental
unit are avoided or adequately mitigated.
O. 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.
P. The owner and/or the owner's authorized agent or representative shall post
the current short-term vacation rental permit number on or in any advertisement
appearing in any newspaper, magazine, brochure, television trade paper, Internet
website, etc., that promotes the availability or existence of a short-term vacation
rental unit in a place or location deemed acceptable by the city manager or
designee. In the instance of audio -only advertising of the same, the short-term
vacation rental permit number shall be read as part of the advertising.
3.25.080 Recordkeeping duties.
The owner or the owner's authorized agent or representative shall maintain
for a period of three 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 pursuant to Section 3.24.140 (Records) of Chapter 3.24
(Transient Occupancy Tax) of the Municipal Code.
3.25.090 Violations.
A. Additional Conditions. A violation of any provision of this chapter by any of
the occupants, responsible party, owner(s) or the 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 by any of the occupants, responsible party, owner(s) or
the owner's authorized agent or representative shall constitute grounds for
modification, suspension and/or revocation of the short-term vacation rental permit
00197
and/or any affiliated licenses or permits pursuant to the provisions set forth in
Section 2.04.100 (Appeals to Council) of Chapter 2.04.
C. Notice of Violation. The City may issue a notice of violation to any occupant,
responsible party, owner(s) or the owner's authorized agent or representative,
pursuant to 1.01.300 (Notices -Service) of the Municipal Code, if there is any
violation of this chapter committed, caused or maintained by the any of the above
parties.
D. Administration Citation. The City may issue an administrative citation to any
occupant, responsible party, owner(s) or the owner's authorized agent or
representative, pursuant to Chapter 1.09 (Administrative Citation) of the Municipal
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.
E. Misdemeanor Citation. The city may issue a misdemeanor citation to any
occupant, responsible party, owner(s) or the owner's authorized agent or
representative. Every violation of this chapter is a misdemeanor and punishable by
a fine not exceeding five hundred dollars or imprisonment in the county jail for not
more than six months or by both such fine and imprisonment.
F. Public Nuisance. It shall be a public nuisance for any person 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) of Chapter 1.01 (Code
Adopted).