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2018 02 20 CCCITY COUNCIL AGENDA 1 FEBRUARY 20, 2018 CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 78-495 Calle Tampico, La Quinta REGULAR MEETING ON TUESDAY, FEBRUARY 20, 2018 3:30 P.M. CLOSED SESSION | 4:00 P.M. OPEN SESSION CALL TO ORDER ROLL CALL: Councilmembers: Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the City Council on any matter not listed on the agenda. 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 CLOSED SESSION 1.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 79315 HIGHWAY 111 (APN’s: 600-340-002, 600-020-029, 600-340-003, 600-340-023, 600-020-028, 600- 340-028) CITY NEGOTIATOR: FRANK J. SPEVACEK, CITY MANAGER PROPERTY OWNER: LA QUINTA TOURISM, LP UNDER NEGOTIATION: PRICE AND TERM OF PAYMENT AND/OR DISPOSITION OF THE PROPERTY IDENTIFIED RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. REPORT ON ACTIONS(S) TAKEN IN CLOSED SESSION City Council agendas and staff reports are available on the City’s web page: www.LaQuintaCA.gov CITY COUNCIL AGENDA 2 FEBRUARY 20, 2018 PLEDGE OF ALLEGIANCE PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "Request to Speak" form and limit your comments to three minutes. The City Council values your comments; however in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by GC 54954.2(b). ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. INTRODUCE SHORT-TERM VACATION RENTAL VENDOR LTAS TECHNOLOGIES, INC. (HARMARI) CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAGE 1.APPROVE MINUTES OF FEBRUARY 6, 2018 7 2. ADOPT ORDINANCE NO. 567 AT SECOND READING AMENDING SEVERAL CHAPTERS OF TITLE 10 OF THE LA QUINTA MUNICIPAL CODE RELATING TO ANIMALS 17 3. ACCEPT PAVEMENT MANAGEMENT PLAN FISCAL YEAR 2016/17 PHASE 3 CITY-WIDE STRIPING (PROJECT NO. 2012-07F) 47 4.APPROVE PURCHASE OF A SKID STEER LOADER FROM QUINN CAT AND A REPLACEMENT DUMP TRUCK FROM KEN GRODY FORD FOR LANDSCAPE AND STREET MAINTENANCE USE 53 5. APPROVE AMENDMENT NO. 1 TO AGREEMENT WITH ADVANTEC CONSULTING ENGINEERS FOR ADDITIONAL SERVICES RELATED TO THE HIGHWAY SAFETY IMPROVEMENT PROGRAM TRAFFIC SIGNAL INTERCONNECT PROJECT (NO. 2016-02) 55 6. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED DECEMBER 31, 2017 73 7. APPROVE DEMAND REGISTERS DATED FEBRUARY 2 AND 9, 2018 79 8. RECEIVE AND FILE SECOND QUARTER 2017/18 TREASURY REPORTS FOR OCTOBER, NOVEMBER, AND DECEMBER 2017 99 CITY COUNCIL AGENDA 3 FEBRUARY 20, 2018 9.ADOPT A RESOLUTION TO DESIGNATE SPEED LIMITS FOR JEFFERSON STREET FROM AVENUE 58 TO QUARRY LANE [RESOLUTION NO. 2018-007] 135 BUSINESS SESSION 1. APPROVE PILLARS OF THE COMMUNITY NOMINEES 141 2. ESTABLISH SILVERROCK EVENT SITE AD HOC COMMITTEE AND APPOINT A COUNCILMEMBER TO SERVE ON THE COMMITTEE 143 3. INTRODUCE AN ORDINANCE AMENDING TWENTY CHAPTERS AND DELETING THREE CHAPTERS OF TITLE 11 OF THE LA QUINTA MUNICIPAL CODE RELATING TO PEACE, MORALS, AND SAFETY REGULATIONS [ORDINANCE NO. 568] 147 4.ADOPT A RESOLUTION TO APPROVE PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF LA QUINTA (BUYER) AND FRONTIER COMMUNICATIONS (SELLER) FOR A PORTION OF 78150 AVENIDA LA FONDA [RESOLUTION NO. 2018-006] 217 5. APPROVE LAND LEASE AND LICENSE AGREEMENT WITH VERIZON WIRELESS FOR INSTALLATION OF A CELL TOWER AT FRITZ BURNS PARK 263 STUDY SESSION - NONE PUBLIC HEARINGS – (after 5:00 p.m.) For all Public Hearings on the agenda, a completed “Request to Speak” form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project(s). If you challenge a project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at, or prior to the public hearing. 1. ADOPT ORDINANCE NO. 569 EXTENDING FOR 120 DAYS THE MORATORIUM ON THE APPROVAL OF ANY LAND USE ENTITLEMENT, INCLUDING SUBDIVISION, USE PERMITS, VARIANCES, BUILDING PERMITS, OR ANY OTHER APPLICABLE ENTITLEMENT, FOR ADDITIONAL BEDROOMS BY CONVERTING NON-BEDROOM SPACES AND AREAS INTO BEDROOMS IN SPECIFIED RESIDENTIAL ZONES IN THE CITY OF LA QUINTA, AND FINDING OF EXEMPTION PURSUANT TO 289 CITY COUNCIL AGENDA 4 FEBRUARY 20, 2018 CEQA GUIDELINES SECTIONS 15060(c)(2) AND (15061(b)(3) UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT [ORDINANCE NO. 569] DEPARTMENTAL REPORTS 1. CITY MANAGER – CALLE TECATE PARKING RESTRICTIONS 307 2. CITY ATTORNEY 3. CITY CLERK 4. COMMUNITY RESOURCES 5. DESIGN AND DEVELOPMENT A. MONTHLY DEPARTMENT REPORT – JANUARY 2018 309 B. JANUARY 2018 VILLAGE PARKING SURVEY 313 6. FACILITIES MONTHLY DEPARTMENT REPORT – JANUARY 2018 325 7. FINANCE QUARTERLY DEPARTMENT REPORT – OCTOBER-DECEMBER 2017 353 8. POLICE 9. FIRE MAYOR’S AND COUNCIL MEMBERS’ ITEMS REPORTS AND INFORMATIONAL ITEMS 1.CVAG COACHELLA VALLEY CONSERVATION COMMISSION (Evans) 2.CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE (Evans) 3.CVAG EXECUTIVE COMMITTEE (Evans) 4.GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (Evans) 5.LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans) 6.COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (Evans) 7. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans) 8.ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Radi) 9. COACHELLA VALLEY MOUNTAINS CONSERVANCY (Fitzpatrick) 10. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick and Radi) 11. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Fitzpatrick and Peña) 12. CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE (Fitzpatrick) 13.RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick) 14.CANNABIS AD HOC COMMITTEE (Peña and Sanchez) 15.CVAG PUBLIC SAFETY COMMITTEE (Peña) 16.EAST VALLEY COALITION (Peña) 17.CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE (Peña) 18.JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (Peña) 19. LEAGUE OF CALIFORNIA CITIES – PUBLIC SAFETY POLICY COMMITTEE (Peña) 20.COACHELLA VALLEY ECONOMIC PARTNERSHIP (Radi) 21.CVAG TRANSPORTATION COMMITTEE (Radi) 22.SUNLINE TRANSIT AGENCY (Radi) 23.DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Radi and Sanchez) 24. ANIMAL CAMPUS COMMISSION (Sanchez) CITY COUNCIL AGENDA 5 FEBRUARY 20, 2018 25. IID ENERGY CONSUMERS’ ADVISORY COMMITTEE (Sanchez) 26. LEAGUE OF CALIFORNIA CITIES/TRANSPORTATION & LABOR POLICY (Sanchez) 27.COMMUNITY SERVICES COMMISSION MINUTES DATED DECEMBER 11, 2017 355 28.FINANCIAL ADVISORY COMMISSION MINUTES DATED NOVEMBER 15, 2017 357 ADJOURNMENT ********************************* The next regular meeting of the City Council will be held on March 6, 2018 at 4:00 p.m. at the City Hall Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Susan Maysels, City Clerk, of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council meeting was posted on the City’s website, near the entrance to the Council Chambers at 78-495 Calle Tampico, and the bulletin boards at the Stater Brothers Supermarket at 78-630 Highway 111, and the La Quinta Cove Post Office at 51-321 Avenida Bermudas, on February 16, 2018. DATED: February 16, 2018 SUSAN MAYSELS, City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk’s office at 777-7103, twenty- four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangements should be made in advance by contacting the City Clerk’s office at 777- 7103. A one (1) week notice is required. If background material is to be presented to the Councilmembers during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting. Any writings or documents provided to a majority of the City Council regarding any item(s) on this agenda will be made available for public inspection at the Community Development counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. 6 CONSENT CALENDAR ITEM NO. 1 7 8 9 10 11 12 13    14       15 16   CONSENT CALENDAR ITEM NO. 2 17 18 19 20 21 22 EXHIBIT A to ORDINANCE 567 LQMC TITLE 10 – Chapter 10.04 DEFINITIONS 10.04.010 Definitions generally. For the purposes of this title, unless it is plainly evident from the context that a different meaning is intended, the terms used in this title shall have the following meanings. 10.04.020 Animals. “Animal” means all domestic animals, wild animals, livestock, poultry, or any other animal. 10.04.030 Animal control officer—Health officer. A. “Animal control officer” means all persons designated by the city as an animal control officer or such other person(s) designated by the city as deputies or as the animal control officer has designated to perform the duties of the position, or such person with whom the city has contracted to perform such duties, or such person who is otherwise obligated by law to perform such duties. B. “Health officer” means the health officer of the city or county or such person or persons as are duly authorized by law to perform local health officer duties within the city 10.04.035 Cat. “Cat” means a mammal of the species Felis Catus. 10.04.040 Dog. “Dog” means any member of the canine family. 10.04.045 Eartipped Cat. “Eartipped Cat” means a cat that has a portion of the tip of the left ear (typically) removed to indicate they have been sterilized and vaccinated against rabies. 10.04.050 Owner. “Owner” means any person who is the legal owner, keeper, harborer, possessor or the actual custodian of any animal. Ownership is established by a: (1) person registering as the owner on a license or other legal document; (2) person claiming ownership and taking possession of an animal; or (3) by being in possession of an animal for thirty days or more. If more than one person claims ownership of an animal, the person who is identified on the license as the owner of the animal shall be considered the owner. If more than one person is identified on the license as owner or if the animal is not licensed, the presumption will be that the animal belongs to the occupant of the residence where the dog resides the majority of the time unless proven otherwise. 10.04.060 Unlicensed dog. “Unlicensed dog” means any dog for which the license required under this title for the current licensing year has not been issued, including circumstances where a license is not issued for failure to pay the license fee, i.e., has not been purchased or has expired without renewal fee having been timely paid, or to which the tag for the current year provided for in this title is not attached. 10.04.065 Attack. “Attack” by an animal means an animal that charges or pursues a person or other animal and causes injury due to a bite, fall, strain or other documented injury. 10.04.066 Biting animal and bite levels defined. For purposes of this title, an animal bite shall be considered to have occurred when any animal’s mouth makes teeth contact on a victim and punctures the skin. 23 EXHIBIT A to ORDINANCE 567 Level 1 Bite: one to four punctures from a single bite, and may also have lacerations and bruising around the wound. Level 2 Bite: multiple-bite or multiple-attack incident or an attack resulting in the death of the victim. 10.04.070 Vicious and/or dangerous animal. A. The term “vicious animal” or “dangerous animal” means an animal which: 1. Has attacked or behaved in such a manner that the owner thereof knows or should reasonably know that the animal has tendencies to attack or bite human beings or another animal without provocation; or 2. Has twice within a thirty-six-month period bitten, attacked, or shown the disposition, tendency, or propensity to attack, bite, or otherwise cause injury or attempt to cause injury to a person or another animal, engaged in lawful activity; or 3. Has once attacked or bitten a person engaged in lawful activity, causing death or substantial injury; or 4. Has been determined by a doctor of veterinary medicine, after observation thereof, as posing a danger to humans or domestic animals if not confined to an enclosed area or muzzled; or 5. Has been trained for fighting or as an attack animal, except such animals which are employed by a government agency as provided in subsection B; or 6. Has been classified as dangerous, potentially dangerous or vicious by any other local, county, or state agency; or 7. When unprovoked, has on two separate occasions within the prior thirty-six-month period engaged in any behavior that required a defensive action by any person to prevent bodily injury to himself/herself, another person or animal; or 8. Has been outfitted with a training device for fighting or attack, such as a weighted collar around the neck of the animal, or found to be allowed to hang suspended from an object by biting into and holding onto the object with its jaws, shall be presumed to be an animal trained as a fighting or attack animal; or 9. Is of a species, breed, or kind (excluding dogs and cats), which in its wild or untamed condition is capable of and, if aroused, is likely to cause death or substantial injury to a human being or domestic pet or which would cause serious fear or alarm to the average person if seen wandering at large in an inhabited community; or 10. Meets the definition of “vicious animal” or “dangerous animal” contained in California Food and Agriculture Code Sections 31603 and 31604. B. The terms “vicious animal” and/or “dangerous animal” shall not apply to animals owned and used by a government entity, including, but not limited to, public entities’ guard dogs or sentry dogs, as defined by Section 10.04.150 of this chapter. 10.04.075 Confinement of dangerous and/or vicious animals. “Confinement” of a dangerous and/or vicious animal means the animal is securely confined indoors or confined in a securely enclosed and locked pen or a run area upon the owner’s premises. Such pen or run area must also have secure sides six feet high and a secure attached top. If the pen or structure has no bottom secured to the sides, the sides must be imbedded into the ground or concrete. Such sides shall be imbedded into the ground no less than one foot deep. If concrete is used, such sides shall be imbedded no less than two inches into the ground. The pen or run area shall be of adequate floor size as to allow the animal to be able to move around and obtain adequate exercise. All gates and door openings of such enclosures shall be equipped with a self-closing and self-latching device designed to keep, and capable of keeping, the door or gate securely closed at all times when not in actual use. Such latching device must be located not less than five feet above the ground. 10.04.080 Wild animal. 24 EXHIBIT A to ORDINANCE 567 “Wild animal” means any animal not ordinarily and customarily domesticated, but of a species, breed or kind which is wild by nature and not generally and commonly propagated and raised by man or woman in this state for use as a household pet or domestic or domesticated animal or which, because of its size, disposition, nature, or other characteristics could constitute a danger to human life or property. The definition of “wild animal” shall include feral animals. 10.04.090 Livestock. “Livestock” means any animal commonly considered a “barnyard” animal or animals raised for food production, including, but not limited to, horses, cattle, sheep, goats, hogs, pigs, rabbits, alpacas, llamas, emus, and ostriches. 10.04.100 Poultry. “Poultry” means fowl, including, but not limited to, chickens, turkeys, ducks, geese, guinea poultry, pigeons, peacocks, pheasants or any other large domestic or tame birds. 10.04.110 At large. “At large” means an animal off the property of its owner without consent of the owner of the property where the animal is found not under restraint by leash or chain. 10.04.120 Substantial injury. “Substantial injury” means any physical injury that results in a broken bone, a muscle tear, skin laceration or puncture wound. 10.04.130 Service animal. A “service animal” means any dog or miniature horse that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. 10.04.135 Emotional support animal or companion animal. An “emotional support animal” or “companion animal” means any animal that provides emotional support, comfort, or companionship to an individual with a psychiatric disability, but is not trained to perform specific tasks to assist that individual. 10.04.140 Cattery. “Cattery” means any residence, structure, or premises, whether indoors or outdoors, which houses, contains, maintains or provides shelter or sustenance for five or more cats of four months old or older. 10.04.150 Guard dog. “Guard dog” means a working dog, utilized to protect a commercial business, and allowed to work without supervision on fenced premises to guard against trespass by attacking or threatening to attack persons found within the enclosure patrolled by such dog, and trained to resist leaving the protected premises without the presence of its handler or owner. For the purposes of the ordinance codified in this title, a “guard dog” shall be considered a dangerous animal. “Guard dog” shall also mean “sentry dog.” 10.04.160 Backyard breeding. “Backyard breeding” is the breeding, selling, transferring or giving away of all or part of any litter of dogs that were bred and reared on a residentially zoned property. 25 EXHIBIT A to ORDINANCE 567 LQMC TITLE 10 - Chapter 10.08 DOG LICENSES 10.08.010 License required. No person within the city owning, possessing, controlling, harboring or keeping any dog over four months of age shall fail, refuse or neglect to procure a dog license tag for such dog from the city manager or his/her authorized agent. No license issued pursuant to this title shall be transferable. Within thirty days of transfer of dog ownership, the new person claiming ownership of said dog shall complete a new application for a dog license and shall procure a new license and tag providing required information as set forth in Section 10.08.050. A rabies tag issued by a veterinarian shall not be considered a city of La Quinta dog license. 10.08.020 Exemptions. A dog license tag is not required for any dog found within the city under any of the following conditions: A. When the dog is owned by, or in the care of, any person who is a nonresident or who is traveling through the city, or who is temporarily sojourning therein, provided the dog is kept within the city for less than thirty consecutive days and less than a total of sixty days in any given year. B. When the dog has a valid license from either the county of Riverside or another city within the county. This exemption shall be available for a maximum period not exceeding one month for any given dog. C. When a service animal is owned by or in the care of any individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. . D. When an animal is in training to become a service animal for the purposes of assisting any individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. 10.08.030 Term. The effective period of each dog license issued shall be not more than three years and, in no case, shall be valid for a period of time longer than the term of immunization specified by the veterinarian performing the dog’s rabies vaccination. 10.08.040 Fees. A. The fee for a dog license shall equal an amount fixed from time to time by resolution of the city council; provided, that in the absence of any such established amount, the licensing authority may collect and deposit in the appropriate accounts provided for such purpose a fee in the same amount as is applicable for similar dog licensing in unincorporated areas of the county. B. No fee shall be required for a license for a service animal if such animal is in the possession and under the control of individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. A certification that the dog serves as an official service animal must be provided. 10.08.050 Application. The owner shall state at the time application for licensing is made, and upon standard printed forms of applications provided for such purpose, the following information and documentation for each dog: A. Name, address, telephone number, and email address of owner; B. Address where dog is kept; C. Name, breed, age, sex, whether dog is spayed or neutered, and the color of the dog; D. Proof of microchip by written statement of a California licensed veterinarian and microchip number. 26 EXHIBIT A to ORDINANCE 567 10.08.060 Anti-rabies vaccination required with application. As a condition for the issuance of a license a certificate issued by a veterinarian certifying that the dog to be licensed has been administered an anti-rabies vaccination approved for use in the state of California by the California Department of Health Services, and has received an anti-rabies vaccination sufficient to immunize the dog against rabies for the period of the applied for license. 10.08.070 Issuance of tags and certificates. A metallic tag and license certificate with corresponding number shall be furnished by the licensing authority upon payment of the appropriate fee prescribed by Section 10.08.040 of this chapter and upon satisfaction of all conditions stated in this chapter for licensing. 10.08.080 Tag to be worn at all times. The licensing authority shall keep a record of the owner or person making payment of the license fee and to whom a certificate and tag has been issued, including the number and date of the certificate and the tag. The metal tag issued shall be securely fixed to a collar, harness, or other device to be worn at all times by the dog for which the registration is issued. 10.08.090 Tag and certificate—Show upon demand. No person shall fail or refuse to state his or her true name and residence address upon demand of an animal control officer or any law enforcement officer, or to show upon demand of an animal control officer or any law enforcement officer, the license certificate and the tag for any duly registered dog kept or remaining within any home or upon any enclosed premises under his or her immediate control. 10.08.100 Tag—Removal prohibited. No one other than animal control personnel shall remove any dog collar, harness, or other device to which is attached a registration tag for the current license year, or remove the tag therefrom. 10.08.110 Tag—Replacement. If the dog license tag is lost or destroyed, the owner shall immediately procure a duplicate license tag from the licensing authority, for which a fee of one-half the license fee set forth in Section 10.08.040 of this chapter shall be charged. 10.08.120 Tag—Altering, counterfeiting or switching. A. It is unlawful to alter, falsify or counterfeit a rabies vaccination certificate, dog license certificate or dog license tag. No tag may be altered by anyone other than the licensing authority or a duly appointed representative. No person shall make use of or have in his or her possession or under his or her control a stolen, counterfeit or forged dog license receipt, dog license tag, rabies vaccination receipt or other form issued in accordance with this chapter. B. It is a violation of this section to attach a city dog license to the collar, harness, or other device of a dog for which the license has not been issued. 27 EXHIBIT A to ORDINANCE 567 LQMC TITLE 10 - Chapter 10.12 ANIMAL CONTROL OFFICER 10.12.010 Position created—General duties. The position of animal control officer is created and established. The duties of the animal control officer are as follows: A. To receive, pick up and impound any and all animals found running at-large contrary to the provisions of this title, or in violation of any law of the state; B. To regularly and adequately feed, water, and otherwise care for all animals impounded under the provisions of this title; C. To collect impound fees, license fees on impounded animals, placement fees, and any other fees or taxes provided for in this title when appropriate; D. To promptly deposit all monies collected into the appropriate accounts provided for such purpose; E. To keep true and accurate records of all city shelter activity for at least three years; F. To receive, pick up, and impound any and all animals found to be in violation or contrary to the provisions of this title, or in violation of any law of the state; and G. To take any reasonable action to enforce any provision of this title. 10.12.020 Powers of enforcement. In the performance of his or her duties as such, the animal control officer and his or her deputies and assistants are invested with the power and authority of a law enforcement officer of this city, but shall not be deemed to be members of the police department. The animal control officer, his or her deputies and assistants, and all peace officers are empowered to enforce this title and any statute of the state relating to animals, unless otherwise provided by law. 10.12.030 Interference with animal control duties. No person shall interfere with, oppose or resist any person authorized to enforce this title, while such person is engaged in the performance of his or her duties. Making a false statement or report or the falsification of information to an animal control officer shall be considered a violation of this section. 10.12.040 Impoundment on private property. Animals running at large and returning to private property may be impounded if the owner or person in control of the animal is not on the property and the animal control officer determines that exigent circumstances exist that require swift action to save life, property or evidence of the unlawful action. In such cases, the animal control officer may enter onto private property to remove the animal in order to prevent further running at large or to enforce this title and any statute of the state relating to animals, unless otherwise provided by law. 10.12.050 Use of equipment to impound and firearms authorized. In performance of his or her duties, the animal control officer and/or his or her deputies shall have the authority to employ the use of a tranquilizer gun, net gun, and any animal control equipment or device in common use within the state necessary to take up and impound an animal either running at large or considered to be a threat by the animal control officer to person or property. 28 EXHIBIT A to ORDINANCE 567 LQMC TITLE 10 – Chapter 10.16 BITING 10.16.010 Biting animals and rabid animals —Quarantine orders. Whenever it is shown that any animal has bitten any person or animal, or exhibits evidence of rabies, no owner or person having custody or possession thereof, upon order of the animal control officer or of the county health officer (or any other person exercising the duties of health officer for the city) or their deputies, shall fail, refuse, or neglect to quarantine the animal and keep it restrained or confined for a minimum period of ten days, or shall fail, refuse, or neglect to allow the animal control officer or the health officer or their deputies to make an inspection or examination thereof at any time during such period. No such animal shall be removed or released during the quarantine period without the written permission of the animal control officer or the health officer or their deputies. Unless otherwise specified by the animal control officer or the health officer, the animals shall be confined in a pound or shelter or a veterinary hospital at owner’s expense. All provisions found in Section 10.16.040 shall pertain to this section. 10.16.020 Animals dying while under quarantine. The head of an animal that has died while under isolation in quarantine shall be submitted to the laboratory of the county health department for examination for rabies. No liability shall incur to the city or any of its employees or agents for violation of this section. 10.16.030 Knowledge of bite—Duty to report. Whenever any person owning or having charge, care, control, custody or possession of any animal has knowledge that the animal has bitten any person or animal, the person owning or having charge, care, control, custody, or possession of the animal shall report the fact forthwith to the animal control department. The report shall state the name and address of the person or animal bitten, the time and place of occurrence, and any other information so requested by an animal control officer. 10.16.040 Bitten animals—When to be quarantined. A. Whenever any animal is bitten by another animal having or suspected of having rabies, or a bitten animal shows any symptoms of rabies, the owner or person having possession of the bitten animal shall immediately notify an animal control officer or the health officer and confine the animal, away from other animals, until it is established to the satisfaction of the animal control officer or the health officer that it does not have rabies. The animal control officer shall inspect the animal at the beginning of quarantine and at the end of quarantine prior to release. B. If the animal control officer determines that exigent circumstances exist that require swift action to save life, property or evidence of unlawful action, the animal control officer shall have the authority to enter onto any private property where the animal is kept or where it has strayed, to inspect and, if necessary, to seize and impound any animal suspected of being rabid. C. The period of quarantine shall be not less than ten days for dogs or cats and not less than fourteen days for other animals. The animal control officer shall have the authority to quarantine any such animal at the owner’s residence, or impound the animal at the owner’s expense. Any animal found to be in violation of home quarantine order may be impounded and placed on quarantine at the animal shelter if the owner or person having control thereof fails to confine the animal or in case the owner or person having possession thereof is not readily accessible. 10.16.050 Disposition of animals appearing to have rabies. A. If upon observation the animal control officer or the health officer determines that any animal has rabies, he or she may after providing notice to the owner, if known, humanely euthanize the animal forthwith, or hold the animal for further examination for such time as he or she may consider advisable. 29 EXHIBIT A to ORDINANCE 567 B. Unless otherwise authorized by state or federal law, no person other than the animal control officer or a peace officer shall kill or cause to be killed any rabid animal, any animal suspected of having been exposed to rabies, or any animal biting any person or another animal, unless that person kills the animal in self-defense or in the defense of others. No person shall remove a rabid animal or animal suspected of having been exposed to rabies from the city without written permission from the animal control officer. This section shall not apply to a veterinarian or his or her assistant(s) preparing an animal suspected of rabies for an FRA rabies test. Results of such tests shall be reported to the animal control department by the veterinarian or his or her assistant(s). 10.16.060 Rabies epidemics—Authority of health officer. Whenever the county health officer (or any other person exercising the duties of health officer for the city) determines that an epidemic of rabies exists or is threatened, he or she shall have the authority to take such measures as may be reasonably necessary to prevent the spread of the disease, including the declaration of a quarantine for a period of not more than one hundred twenty days against any or all animals in any area of the city as he or she may determine and define. An additional or extended quarantine period may also be declared if it is deemed necessary by the health officer for the protection and preservation of the public health, peace, and safety. Subject to any restriction set out in this section, quarantine declared under the provisions of this section shall be upon conditions that the health officer determines and declares to be appropriate, consistent with state and federal law. 10.16.070 Quarantine of a dog used by law enforcement. Notwithstanding any other provision of this title, a dog used by any state, special district, federal, county, city, or city and county law enforcement agency shall not be quarantined after biting any person or another animal if such bite occurred while the dog was being used for any law enforcement purpose. The law enforcement agency shall notify the animal control department within its jurisdiction if the dog exhibits any abnormal behavior and make the dog available to the department at any reasonable time. 10.16.080 Use of an animal as a threat or weapon. It is unlawful for any owner of any animal to cause such animal to attack, threaten to attack or pursue another person engaged in any lawful activity. (Ord. 530 § 3, 2015; Ord. 415 § 1, 2005) 10.16.090 Dangerous and/or vicious animals unlawful. A. A bite will not be subject to this section if: (1) the person bitten was provoking the animal at the time of the bite; (2) the person bitten was engaged in an unlawful activity at the time of the bite; or (3) the person bitten is performing services at a veterinary facility at the time of the bite. For the purposes of this section, the records of animal bites kept by the city shall be deemed official records and shall establish a rebuttal presumption of the number of bites recorded against a particular animal. B. Attack or Level 1 Bite as defined in section 10.04.066. If an animal is believed to be dangerous and/or vicious as a result of an attack or Level 1 bite, as defined by this code, then in addition to any requirement imposed following a hearing pursuant to Chapter 10.20 of this code, the owner of said animal: (1) shall be issued a citation for an infraction; (2) shall quarantine the animal in accordance with Section 10.16.010 of this code; (3) shall have the animal be subject to control and impoundment pursuant to Section 10.20.090 of this code. C. Level 2 Bite, as defined in section 10.04.066. If an animal is believed to be dangerous and/or vicious as a result of a Level 2 bite, the animal shall be impounded and confined in a shelter at the owner’s expense until the latter of: (1) issuance of an administrative order following a hearing held pursuant to Section 10.20.090; or (2) conclusion of judicial review by the Superior Courts of California, County of Riverside, if any. At the administrative hearing held pursuant to Section 10.20.090, the animal control department shall recommend to the hearing officer that the animal be humanely euthanized in the interest of public safety. 30 EXHIBIT A to ORDINANCE 567 D. Dangerous and/or Vicious Animals At Large. The owner of any animal which has bitten, attacked, or shown the disposition, tendency, or propensity to attack, bite, or otherwise cause injury or attempt to cause injury to a person or another animal engaged in lawful activity who causes or allows such animal to be at large shall be guilty of a misdemeanor. 31 EXHIBIT A to ORDINANCE 567 LQMC TITLE 10 - Chapter 10.20 IMPOUNDMENT 10.20.010 Impounding of animals. It shall be the function and within the power of the animal control officer to pick up, impound, and safely keep any of the animals mentioned in this title found running at large, staked, restrained, or being herded or pastured in any street, lane, alley, court, square, park, or other place belonging to or under the control of the city, or upon any private property, which is acting in a manner that is contrary to the provisions of this title or to the right of the public. 10.20.020 Notification of owner. The animal control officer shall immediately upon impoundment of animals make reasonable effort to notify the owners of the animals impounded, and inform the owners of the procedures, if applicable, to regain custody of the animals. If an impounded dog has a valid license, the owner shall be notified pursuant to Section 1.01.300 of this code. 10.20.030 Disposition of unclaimed animals. A. All animals impounded at the city shelter or city-contracted shelter shall be provided with proper and sufficient food and water. Unless unlicensed animals have been claimed within five days after being impounded, or licensed dogs within ten days after the notification provided for in Section 10.20.020, they may be sold by the animal control officer or shelter operator to a person offering to pay a cash amount set by the animal control officer or shelter operator; provided, that the purchaser shall not be given possession of any dog until he or she has microchipped, vaccinated, and paid to the animal control officer or shelter operator the license fee for the dog. B. If any animal impounded by the animal control officer has not been claimed within the period stated in this section and cannot be sold within a reasonable time thereafter, it may be humanely euthanized by the shelter operator or animal control officer. In lieu of euthanization, animals may be released without charge to any humane organization that provides an animal adoption service. C. The animal control officer shall maintain a file describing each animal impounded in the city shelter or city-contracted shelter beginning on the day any such animal is taken or delivered into the possession of the shelter. No animal found which, in the opinion of the animal control officer, constitutes a threat to the public welfare shall be adopted or released to any person who is not the owner of the animal. 10.20.040 Humane euthanization of animals dangerous to impound. After providing notice to the owner, if known, a shelter operator is authorized to humanely euthanize any animal lawfully impounded which the shelter operator determines due to disease or other cause poses an imminent danger to persons or other animals so that impoundment of the animal would cause serious threat to others or would be inhumane to the animal. Nothing in this title shall be construed to prevent an animal control officer or shelter operator from taking whatever action is reasonably necessary to protect his or her person or other members of the public from injury or damage, including immediate destruction of any vicious or dangerous animal without notice to the owner or custodian. 10.20.050 Reclaiming animals. The owner of any licensed impounded animal shall have the right to reclaim it at any time prior to the lawful disposition thereof, upon payment to the shelter operator or an animal control officer of the costs and charges provided in this title for impounding and keeping such animals. Any person claiming ownership of any unlicensed impounded animal shall be required to present proof of ownership satisfactory to the shelter operator or animal control officer, and thereafter the animal may be released to the claimant upon his or her making payment of all applicable costs, fees, and charges prescribed in this title including, but not necessarily limited to, any veterinary fees incurred and upon his or her making appropriate arrangements for any necessary rabies vaccination. 32 EXHIBIT A to ORDINANCE 567 10.20.060 Owner’s right to redeem animal from purchaser. The owner of any impounded animal may, at any time within thirty days after sale by a shelter operator or an animal control officer, redeem the animal from the purchaser by paying him or her an amount of money equaling each of the following, in the aggregate: the purchase price paid to the shelter operator or an animal control officer; any license fee paid and rabies vaccination costs incurred; and rates established by Section 10.20.080 for daily care and feeding for the number of days starting from the date of sale to and including the date of redemption by the owner. 10.20.070 Owner’s liability to city when redeeming animal from purchaser. In each case where the owner of an impounded animal redeems it from the purchaser, irrespective of whether payment was made as prescribed in Section 10.20.060, the owner shall be liable for payment to the shelter operator or an animal control officer for all fees prescribed pursuant to Section 10.20.080 for impounding and for the daily care and feeding of the animal incurred during the impoundment, deducting there from the sale price paid by the purchaser. The amount of the owner’s liability under this section shall be deemed a debt to the city, and an action may be commenced in the name of the city in any court of competent jurisdiction for the amount of any such debt. 10.20.080 Impoundment fees. Except in cases when disposition of an animal is made pursuant to Section 10.20.030 (Disposition of unclaimed animals), a shelter operator or an animal control officer shall receive and collect fees for impoundment, care, and feeding of impounded animals. The nature and amounts of such fees shall be as fixed from time to time by resolution of the city council. In the absence of any such fee or fees having been so established, a shelter operator or an animal control officer may collect and deposit in the appropriate accounts provided for such purpose, a fee or fees in the amount or amounts as is applicable for similar functions or services in the unincorporated areas of the county. 10.20.090 Control and impoundment of dangerous and/or vicious animals. A. No person owning or having the care or custody of a dangerous and/or vicious animal shall permit such animal to go unconfined on the premises of such person. The owner or custodian of an animal declared dangerous and/or vicious shall allow an animal control officer or his or her deputies to inspect the confinement arrangement and apparatus such pen or enclosure, as defined in Section 10.04.075 of this code at any reasonable hour to insure compliance with this section. B. No person owning or harboring or having the care or custody of a dangerous and/or vicious animal shall suffer or permit such animal to go beyond the premises of such person unless the animal is securely muzzled and restrained with a chain having a minimum tensile strength of three hundred pounds and not exceeding three feet in length or, for animals under twenty pounds, on a chain as determined by the animal control department to be adequate based on the animal’s size and strength. Such animal shall be under the control of someone able to control and restrain the animal and of eighteen years of age or more. C. No person shall own or harbor any animal for the purpose of fighting any other animal nor train, torment, badger, bait or use any animal for the purpose of causing or encouraging said animal to unprovoked attacks on human beings or domestic animals. Nor shall any person outfit any animal with a training device for fighting or attack, such as a weighted collar around the neck of the animal. Nor shall any person allow an animal to hang suspended from an object by biting into and hanging onto the object with its jaws. D. No person shall possess, with intent to sell, or offer to sell, breed, or buy or attempt to buy within the city any vicious or dangerous animal. 33 EXHIBIT A to ORDINANCE 567 E. Any person owning or harboring or having the care of any dangerous and/or vicious animal shall maintain a policy of insurance in an amount not less than three hundred thousand dollars insuring said person against any claim, loss, damage, or injury to persons, domestic animals, or property resulting from acts, whether intentional or unintentional, of the dangerous and vicious animal. Such person shall produce evidence of such insurance upon the request of an animal control officer. F. Whenever an animal suspected of being dangerous and/or vicious is reported, an animal control officer may investigate the circumstances, and if he or she finds that by reason of the animal’s acts, propensities, or disposition, there is cause to believe it is a dangerous and/or vicious animal, as defined in this title, he or she shall commence the process of having the animal declared dangerous and/or vicious by providing written notice, in accordance with Sections 1.01.300 and 1.09.110 of this code, to the owner and the person and/or the owner of the animal that was attacked or bitten by the dangerous and/or vicious animal. The notice shall: (1) inform the owner and the person and/or the owner of the animal that was attacked or bitten by the dangerous and/or vicious animal of the general facts and circumstances of the incident(s) that provide a basis for the city’s action; (2) shall state that a mandatory administrative hearing will be held; and (3) shall indicate that at the hearing, if the animal is declared dangerous and vicious, it would result in the animal: (a) being humanely euthanized in the interest of public safety, (b) being required to be maintained as set forth in this section, or (c) a determination that the animal is not dangerous and/or vicious. The notice shall also notify the owner of the right to appeal and the time period for filing an appeal of the determination. The mandatory hearing may be set aside if both the owner of the dangerous and/or vicious animal, and the person(s) attacked or bitten and/or the owner of the animal(s) attacked or bitten all waive their rights to an administrative hearing and accept the animal control officer’s determination in writing and delivered such written acceptance to the animal control department. G. Ownership of an animal under investigation pursuant to this section shall not be transferred to a new owner or caretaker during the process. Once an animal has been found to be vicious and/or dangerous, this finding shall remain in effect for the remainder of the life of the animal, and the ownership of the animal may not be transferred. Animals without an owner found to constitute a threat to the public welfare will be humanely euthanized in the interest of public safety. No ownership rights can or shall be granted to a person other than the owner of such animals at the time of the determination. The owner of a dangerous and/or vicious animal must be eighteen years old or older. H. If, after the administrative hearing, it is determined that the animal is vicious and/or dangerous, and the hearing officer determines that the animal does not need to be humanely euthanized in the interest of public safety, the hearing officer shall order the owner, and any person harboring or having care of the animal, to do all of the following: 1. Keep the animal confined as provided in this section. If suitable restraints or enclosures ordered by the hearing officer are not immediately available, or if the owner or keeper of such animal fails or refuses to demonstrate that such restraints or enclosures are available or suitable, or if restraint or confinement is impracticable, the animal shall be impounded until the owner is able to comply with the hearing officer’s order. For any such impoundment, the owner shall be liable to the city for payment of fees as prescribed in Section 10.20.080, and any animal not reclaimed within thirty calendar days after such impoundment shall be deemed abandoned and unclaimed and shall be subject to humane euthanization. 2. Have the animal microchipped and photographed for positive future identification. The microchipping procedure shall be performed by a California licensed veterinarian or authorized representative. This procedure shall be performed at the owner’s expense. The animal will be made available to the animal control department at a reasonable time for scanning to verify the procedure and document the identification number of the microchip. 34 EXHIBIT A to ORDINANCE 567 3. Ensure the animal and its owner completes a behavior modification and rehabilitation course for the animal at the owner’s sole expense. The course must be approved in advance by the city and written proof of completion must be submitted to the city within ninety (90) days of the owner being notified of the dangerous and/or vicious animal declaration, or within ninety (90) days of the animal being released to its owner, whichever is later. 4. Obtain and maintain the insurance required by this section, and pay a supplemental license fee in an amount established by resolution of the city council for the increased costs to the city of maintaining the records of the animal and performing inspections to ensure compliance with all requirements imposed. 5. Comply with any additional orders that the hearing officer determines are necessary to assure that the public health, safety and welfare are maintained. I. In cases where the animal is not impounded, and written notification of the dangerous and/or vicious animal declaration has been given as herein provided, if an owner fails to provide adequate restraint or control of the animal as ordered by the hearing officer within thirty days, or if the owner thereafter at any time fails to maintain the adequate restraint or control or comply with the orders of the hearing officer, the owner shall be guilty of a misdemeanor, and the animal shall be impounded and subject to humane euthanization. No animal found to be dangerous and/or vicious or a threat to the public health and/or safety shall be placed up for adoption to the public. 35 EXHIBIT A to ORDINANCE 567 LQMC TITLE 10 - Chapter 10.24 ANIMAL KEEPING 10.24.010 Female dogs to be confined during breeding period. No owner of an unspayed female dog shall fail, refuse or neglect during the breeding period of the dog to confine it in such a manner which reduces, so far as is practicable under the circumstances, the attraction of stray male dogs. 10.24.020 Wild animals to be confined. No person owning any wild animal or operating any wild animal establishment, shall fail, refuse or neglect to keep all wild animals under proper confinement on the premises, or cause, permit, suffer or allow any wild animal to be or run at large, nor shall any such person maintain any wild or dangerous or vicious animal on or within any premises in such a manner as to endanger the life or limb of any person or other animal lawfully entering the premises. This section shall be read in connection with the provisions of Sections 10.24.035 and 10.24.050 of this chapter. 10.24.030 Kennels subject to zoning and health regulations. Any person maintaining any kennel or pet shop shall conform to the zoning regulations of the city which are applicable thereto, as well as any applicable health regulations, and shall allow the animal control department to make an inspection of the premises at any reasonable hour. 10.24.035 Standard of care. Every person within the city who owns any animal or who owns, conducts, manages or operates any animal establishment shall comply with each of the following conditions: A. Housing facilities for animals shall be structurally sound and shall be maintained in good repair to protect the animals from injury, to contain the animals and restrict the entrance of other animals. B. All animals shall be supplied with sufficiently good and wholesome food and water as often as the feeding habits of the respective animals require. C. All animals and all animal buildings or enclosures shall be maintained in a clean and sanitary condition as per Section 10.24.070. D. All animals shall be so maintained as to eliminate excessive noise as per Section 10.28.020. E. Every reasonable precaution shall be used to ensure that animals are not teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any person or other means. F. No condition shall be maintained or permitted that is or could be injurious to an animal, including tethering. No person shall tether or restrain an animal to a stationary object in excess of three (3) hours per California Health and Safety Code Section 122335. G. Animal buildings and enclosures shall be so constructed and maintained as to prevent the escape of animals. All reasonable precautions shall be taken to protect the public from animals and animals from the public. H. Every precaution shall be made to isolate sick animals sufficiently so as not to endanger the health of other animals or persons. I. Every building or enclosure wherein animals are maintained shall be constructed of material easily cleaned and shall be kept in a sanitary condition. The building shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling shall be provided as required, according to the physical need of the animals, with sufficient light to allow observation of animals and sanitation. 36 EXHIBIT A to ORDINANCE 567 J. All animal rooms, cages, kennels and runs shall be of sufficient size to provide adequate and proper accommodations for the animals kept therein. K. Every animal owner shall provide their animals’ proper shelter and protection from the weather at all times. L. No person shall give an animal any alcoholic beverage or unlawful drug unless prescribed by a veterinarian. M. No person shall allow animals which are natural enemies, temperamentally unsuited, or otherwise incompatible, to be quartered together or so near each other as to cause injury, fear or torment for the animal. If two or more animals are trained to be placed together and do not attack each other or perform or attempt to perform any hostile act to the others, such animals shall be deemed not to be natural enemies. N. No person shall allow the use of any tack, equipment, device, substance or material that is, or could be, injurious or cause unnecessary cruelty to any animal. O. No person shall fail to give working animals proper rest periods. Confined or restrained animals shall be given exercise proper for the individual animal under the particular conditions. P. No person shall work, use or rent any animal which is overheated, weakened, exhausted, sick, injured, diseased, lame or otherwise unfit. Q. No person shall allow any animal which an animal control officer has suspended from use to be worked or used. R. No person shall display for profit or otherwise any animals bearing evidence of malnutrition, ill health, unhealed injury or having been kept in an unsanitary condition. S. No person shall allow any animal to constitute or cause a hazard, or be a menace to the health, peace or safety of the community. 10.24.040 Maximum number of dogs. Except for licensed pet shops and kennels, no person shall own, keep or harbor, nor shall the owner or occupant of any premises keep or permit on or in such premises more than four dogs of four months of age or older. 10.24.045 Catteries. It is unlawful to maintain catteries in the city of La Quinta. 10.24.050 Keeping wild, exotic and dangerous animals and reptiles. A. No person shall own, keep, harbor or maintain on or in any premises within the city any wild, exotic, or dangerous animal or reptile without written consent of the animal control department or absent the proper applicable city, county, state and/or federal permits. Denial of consent to keep a wild animal by the animal control department may be appealed pursuant to Chapter 1.09 of this code. B. Subject to the city’s zoning ordinances, only those wild animals, poultry, reptiles and exotic animals which are permitted by the laws of the state of California to be possessed, and for which a permit has been obtained from the Department of Fish and Game, which permit is current, shall be allowed within the city. 37 EXHIBIT A to ORDINANCE 567 C. All wild animals, poultry, reptiles and exotic animals shall be registered with the animal control department. As a condition to registration, an owner of an animal must present a valid state permit to the animal control department. Application and animal registration shall include, but not necessarily limited to, the following: 1. The applicant’s name, address, telephone number and, if different, the address and telephone number of the proposed location where the animal is to be maintained and the purpose for the keeping of such animals; 2. A complete description and any identifying tattoos, microchips, brands, or similar marking of the animal, including its species, name, sex, date of birth and/or age; 3. Recent color photograph(s) of the animal; 4. A complete description of and plot plan showing the location and the facilities to be used to insure the keeping of the animal in a safe, secure, and humane manner; 5. Any information known by the applicant concerning vicious or dangerous propensities of such animal; 6. Prior history of incidents affecting the public health or safety involving said animal; 7. Noises and/or odors anticipated in keeping such animal; 8. Written assurance and any supporting instruments that the applicant is in compliance with all applicable local, state, and federal laws and regulations regarding such animal; 9. Any additional information required by the animal control department at the time of filing such application or thereafter. D. No permit will be granted under this section to a person who has been found guilty of cruelty to animals. E. An animal control officer may issue a city permit for a wild, exotic, and dangerous animal, poultry or reptile if each of the following conditions is met by the applicant to the animal control officer’s satisfaction: (1) the requirements of the city zoning ordinance are met; (2) the applicant has obtained any other city, county, state and/or federal permits required under the law; (3) the applicant has otherwise complied with city, county, state and/or federal law having to do with the subject animal; (4) the applicant has made the necessary showing that adequate safeguards have been established and will be maintained in order to effectively control the dangerous or vicious propensities of such animal or reptile; (5) the applicant shows that any danger to individuals or property has been eliminated, that the keeping or maintaining of such animal or reptile will in no way constitute a nuisance to the occupants of any surrounding property, and that the proposed site is adequate in size and shape to accommodate the number and type of animals for which the permit is requested and will not result in harm to the animals or reptiles or material detriment to the use, enjoyment or valuation of the property of other persons located in the vicinity of the site; and (6) upon the applicant’s payment of a fee in the amount set from time to time by resolution of the city council or in the absence of any such established amount, the licensing authority may collect and deposit in the appropriate accounts provided for such purpose a fee in the same amount as is applicable for similar licensing in unincorporated areas of the county. Such permit shall be valid only so long as the owner possesses all other required governmental permits and does not violate this title. F. The initial fee for the issuance of each permit shall be valid for one year. The fee for renewal of an unexpired permit shall be the same as for an original permit, unless modified by a resolution of the city council. Each succeeding year, a renewal permit shall be obtained by the holder of said permit. In the event such animal is relocated within the city, a renewal permit shall be obtained for that location at no cost to the owner. The fee for the issuance of a renewal permit shall be established by city council resolution or in the absence of any such established amount, the city may collect and deposit a fee in the same amount as is applicable for similar licensing in unincorporated areas of the county. The fee shall be due and payable each year on the anniversary of the date of issuance of the initial permit. If during the preceding year or years, more than one initial permit has been issued to an applicant, the 38 EXHIBIT A to ORDINANCE 567 former permits may be consolidated so that only one renewal permit exists; provided, however, that the renewal date for the consolidated permit shall be the expiration date of the earliest initial permit. G. The premises on which said animal is maintained shall be open at any reasonable hour for inspection by animal control officers. Permits issued pursuant to this section shall be surrendered for inspection by the permittee upon request of an animal control officer. H. The animal control department may revoke any permit issued pursuant to this section whenever an animal control officer determines from an inspection, or an inspection and report by the California Department of Fish and Game, or an investigation of a cruelty complaint, that any permittee fails to comply with all of the conditions of this title, or is found to be in violation of any city, county, state or federal law. A notice of revocation shall be provided to the permit holder. The notice shall state that it will not be effective for a period of ten calendar days, during which the permit holder may appeal the determination. The procedures for appeal shall be those set forth in Chapter 2.08 of this code. Nothing in this section shall be construed to prevent the animal control department from taking any and all actions permitted by law to prevent cruelty to animals. I. If, after having his or her permit revoked, the permittee proves to the satisfaction of the animal control department that each of the conditions and requirements set forth in this section and any other applicable section have been met, the animal control department will provide the permittee a written notice indicating such compliance and, upon receipt of such written notice, the permit shall be deemed in full force and effect. Nothing in this section shall be construed to prevent the animal control department from refusing to reinstate such permit if it is believed to be in the best interest of the public or the health or safety of the animal involved. J. Notwithstanding any of the foregoing, the ownership of venomous reptiles shall be prohibited in the city. No person shall own, keep, harbor or maintain on or in any premises within the city any venomous reptile. Nothing in this section, or in this title, or in the city of La Quinta Municipal Code shall be construed as to allow the possession of such animals within the city limits with or without applicable permits. 10.24.060 Animals near buildings. It is a public nuisance and it is unlawful for any person to keep any animal, poultry, or bird, wild or domestic, except customary household domestic pets, within fifty feet of any building, school, church, hospital, or any residence or dwelling house or other buildings used for the habitation of human beings. 10.24.070 Animals on unsanitary premises. It is a public nuisance, and it is unlawful, for any person to keep or permit to be kept on any premises any wild or domestic animal, poultry, or bird, when the premises or the animal, poultry or bird is offensive, obnoxious, filthy, or maintained in any unsanitary condition. 10.24.080 Livestock prohibited in certain areas. No livestock or hoofed animal, barn yard poultry, or rabbits may be kept on any lot or combination of adjoined lots less than one acre in size as per this code. No person may keep more than two horses per one acre parcel. For parcels in excess of one acre, up to three horses per additional acre or portion thereof shall be allowed. Foals under one year of age shall not be counted in calculating the maximum number of horses under this section. 10.24.090 Disposal of carcasses. Unless otherwise instructed by city, state or federal officials, it is a public nuisance, and it is unlawful, for the owner, possessor, or the person responsible for the death thereof, to fail to cause any dead animal or part thereof to be buried later than six hours after the death of such animal. For purposes of this 39 EXHIBIT A to ORDINANCE 567 section, “buried” means to be placed underground so that there is at least three feet of soil above the carcass of the animal for animals weighing two hundred pounds or less and at least six feet of soil above the carcass of an animal weighing more than two hundred pounds. In the alternative, “buried” for purposes of this section also means to be disposed of in some sanitary manner approved in writing by the city; provided, however, that this section shall not apply to animals slaughtered for and fit for human food or animals killed in violation of Chapter 10.16 of this title. 10.24.100 Dangerous animals from outside city jurisdiction. An animal that has been declared dangerous or vicious in any legal proceeding outside the confines of the city of La Quinta, may not be relocated temporarily or permanently within the city of La Quinta. 10.24.110 Keeping of guard dogs. It is unlawful to keep a guard dog on any premises, unless the guard dog is fenced within the premises or confined within the building and kept in such a manner that it cannot come into contact with persons or other animals that are lawfully on said premises. Any premises containing a guard dog shall also be posted at every fifty foot interval around the perimeter of the area guarded by the guard dog and at all entrances and exits to the area. In locations where the minimum outside dimensions are less than fifty feet, the signs shall be placed at the beginning and end of that premises. The signs shall state: “WARNING—GUARD DOG ON DUTY.” Such signs shall also state the name, address, and telephone number of the guard dog company furnishing the dog for hire, if any, and the telephone number of the owner or caretaker of the premises. Each guard dog in use in the city shall be registered and licensed in the city and have a tag affixed to its collar which must be worn at all times. 10.24.120 Permit required. Any person or business desiring to transport into the city for any commercial or business related purposes, including, but not limited to, advertisement, circus, rodeo, petting zoo, or animal rental, any animals considered large or dangerous including, but not limited to, exotic, circus or fair type animals, rodeo animals, petting zoo animals, and large snakes, shall first obtain a permit from the animal control department. If requested by the animal control department, such person or agency will also make available the animal in question and veterinary records of the animal in question for the purpose of inspecting its health and safety. Such person or business shall make available to the animal control department the name, address, and contact information of the handlers/keepers of the animal for emergency purposes. Such person or business shall also make available to the animal control department the person or business emergency capture procedures and capture equipment for inspection purposes to insure the safety of the citizens of the city and the safety of the animals in question. If, in the belief of the animal control department, the entry of such animals into or the continued presence of such animals in the city constitutes a threat to the public health and safety, said permit application may be denied. The permit, if issued, shall be subject to immediate revocation if the animal control department determines that the presence of such animals in the city constitutes a threat to the public health and safety. 10.24.130 Mandatory microchipping of dogs. A. All dogs over the age of four months must be implanted with an identifying microchip by a California licensed veterinarian or authorized representative. The owner or custodian is required to provide the microchip number to the city, and shall notify the city of any change of ownership of the dog, change of address, or telephone number. Nothing in this section supersedes, eliminates, or alters the requirements of La Quinta Municipal Code Section 10.08.010, and any other licensing requirements of this chapter. B. Exemption. The mandatory microchipping requirements shall not apply to a dog with a high likelihood of suffering serious bodily injury if implanted with the microchip identification. The owner or 40 EXHIBIT A to ORDINANCE 567 custodian of the dog must provide written confirmation of that fact from a California licensed veterinarian. C. Transfer and/or Sale of Dogs. An owner or custodian who offers any dog, at any age for sale, trade, or adoption must provide the microchip identification number and the valid dog license number with the offer of sale, trade or adoption. The license and microchip number must appear on a document transferring the dog to the new owner. Both the previous owner or custodian, and new owner, or custodian, are required to update the city with the name and address of the new owner or custodian in accordance with subsection A of this section. Any violation of this chapter shall be issued an administrative citation and be subject to the penalties and procedures provided in Chapter 1.09 of this code. D. When an impounded dog is without microchip identification, in addition to satisfying applicable requirements for the release of the animal, including, but not limited to, payment of impound fees, the owner or custodian shall have the dog implanted with a microchip by a California licensed veterinarian, or authorized representative entirely at the owner, or custodian’s expense. A written statement confirming that the microchip has been implanted, must be provided to the city with the implanted microchip number. The dog in custody will be released to the owner or custodian after the procedure has been completed along with all other conditions precedent to release. 10.24.140 Backyard breeding prohibited. No person(s), shall breed, sell, transfer or give away all or part of any litter, of dogs that were bred and reared on a residentially zoned property. 41 EXHIBIT A to ORDINANCE 567 LQMC TITLE 10 - Chapter 10.28 OFFENSES 10.28.010 Dogs running at large. A. No owner or keeper of a dog shall allow or permit the dog, whether licensed or unlicensed, to be or run at large in or upon any public place or premises, or in or upon any unenclosed private place or premises, or in or upon any enclosed private place or premises other than those of the owner or keeper except with consent of the person in charge of the private place or premises where the dog is found, unless the dog is securely restrained by a substantial leash not exceeding twelve feet in length and is in charge and control of a person competent to keep the dog under effective control. No lead, leash, tether, or chain used to secure a dog on private property shall extend into the right-of-way. Voice control, electronic control, eye control or signal control shall not be considered adequate restraint. If any dog at large bites any person, the owner or guardian of such dog shall be deemed guilty of an infraction or a misdemeanor as provided in Section 10.16.090. B. Any animal found at large three times or more during any twenty-four month period shall be deemed a public nuisance. Such animal, upon impoundment, will be held until the owner provides secure containment for the animal and satisfactory proof of liability insurance. The owner shall be responsible for any fees incurred in holding the animal. If the owner fails to provide acceptable containment within thirty days, the animal may be humanely euthanized after following the normal procedures for impounded animals. Only when acceptable containment has been provided, and approved by the animal control department, will the animal be released to the owner. The determinations by the animal control department shall be subject to appeal, and any appeal to a decision under this section shall be handled consistent with the hearing procedures as set forth in Section 10.20.090 of this title. 10.28.015 Livestock/poultry at large. No owner or keeper of livestock or poultry shall allow, permit or suffer the animal or bird, whether licensed or unlicensed, to be or run at large in or upon any public place or premises, in or upon any unenclosed private place or premises, or in or upon any enclosed private place or premises other than those of the owner or keeper except with consent of the person in charge of the private place or premises. No lead, leash, tether, or chain used to secure any animal or poultry shall extend into the right-of-way. 10.28.020 Noise disturbances by animals. A. No person owning, keeping or having in his or her care or custody any animal shall knowingly permit the animal, by any barking or other noise or sound, to disturb any other person’s peace and quiet. This section shall not be construed to prohibit the keeping of any watchdog, provided the keeper thereof takes immediate steps to quiet the dog whenever it barks, and provided the keeper never leaves the dog unattended on the premises in a place where the dog’s barking, if prolonged or if repeated an undue number of times, disturbs any other person’s peace and quiet. B. No person, after being informed orally or in writing that his or her animal has by noise or sound disturbed any other person’s peace and quiet, shall fail, refuse or neglect to take whatever steps or use whatever means is necessary to ensure that the dog or animal does not again disturb the other person’s peace and quiet. 10.28.025 Animal defecation to be removed by the owner. A. Any person owning, keeping or having in his or her care or custody any animal shall not fail, refuse or neglect to clean up any feces of the animal immediately and dispose of it in a sanitary manner wherever the animal has defecated upon public or private property without the consent of the public or private owner or person in lawful possession or charge of the property. 42 EXHIBIT A to ORDINANCE 567 B. The provisions of subsection A of this section shall not apply to a blind person being accompanied by a service animal, nor shall they be construed to allow any act of trespass upon private property. Whenever the feces to be cleaned up cannot be reached without significant trespass upon the private property on which the feces is located, the person having the duty pursuant to subsection A of this section to take action shall first obtain consent to do so from the owner or person having lawful possession or charge of the property. 10.28.030 Retention of animal by one other than owner. No person shall, without the knowledge or consent of the owner, hold or retain possession of any animal of which he or she is not the owner for more than twenty-four hours without first reporting the possession of such animal to the animal control officer, giving his or her name and address and the true description of the animal, and then causing the animal to be impounded at the city shelter or city- contracted shelter for return to the owner. Any person so holding an animal shall surrender such animal upon demand of the animal control officer. At the discretion of the animal control officer, any such finder of an animal may be allowed to retain possession of the animal in lieu of impoundment. In such a case, the animal control officer shall make all normal and regular efforts to ascertain the true owner of the animal and advise him or her of the whereabouts of the animal. 10.28.040 Unauthorized removal of animal from shelter. No person shall remove any impounded animal from the city shelter or city-contracted shelter without the consent of the animal control officer. No person shall remove any animal from the custody of the animal control officer, including any animal control department vehicle or any vehicle in use by the animal control department or from any humane live trap in use by the animal control department or its authorized agents. 10.28.050 Dogs at public schools prohibited. No person shall bring any dog, except a service animal onto any public school property while school is in session. This section shall not, however, be deemed to prohibit the use of dogs on school property for teaching or other school uses when approved by the proper school authorities. 10.28.060 Interference with police dogs. No person shall willfully or maliciously torture, torment, beat, kick, strike, mutilate, injure, disable or kill any dog being used by any law enforcement officer in the performance of his or her duties, or interfere with or meddle with any such dog while being used by such officer in the performance of any of his or her functions or duties. 10.28.070 Public nuisance. A. The introduction, ownership, possession or maintenance of any animal or the allowing of any animal to be in contravention to this title is, in addition to being a violation of the applicable section, declared to be a public nuisance. The city manager or designee, the animal control officer, the county health officer, and peace officers are authorized, directed and empowered to summarily abate any such public nuisance independently of any criminal prosecution or the results thereof by any means reasonably necessary including, but not limited to, the humane euthanization of the animal or animals involved when appropriate or by the imposition of specific reasonable conditions and restrictions for the maintenance of the animal. B. Any person who fails to comply with any conditions and restrictions imposed pursuant to this section shall be guilty of a misdemeanor. The owner shall reimburse the city for all costs incurred in verifying compliance and enforcing the provisions of this section. The city may also commence proceeding in accordance with the provisions of Chapter 11.72 of this code relative to abatement procedures for public nuisances. 43 EXHIBIT A to ORDINANCE 567 C. Any person violating the provisions of this chapter shall reimburse the city for any and all costs incurred by the city in responding to, investigating, assessing, monitoring, treating, cleaning, removing, or remediating any action taken or condition caused in violation of this chapter. Such costs to be paid to the city shall include all administrative expenses and all legal expenses, including costs and attorney’s fees in obtaining compliance and in litigation, including all costs and attorney’s fees on any appeal. The costs to be recovered pursuant this section shall be recoverable from any and all persons violating this chapter. 10.28.080 Confining animals in motor vehicles. A. No person having ownership, charge, or custody of an animal, as owner or otherwise, shall place or confine an animal or allow such animal to be placed or confined or to remain in an enclosed vehicle or for such period of time as may endanger the health or well-being of such animal due to heat, cold, lack of food or such other circumstances as may reasonably be expected to cause suffering, disability or death. In such circumstances, an animal control officer may act in the best interest of the animal, including taking action to remove the animal in cases of immediate threat. This section shall not be applicable to animals which are in animal control officers’ or peace officers’ vehicles while such animal control officer or peace officer is engaged in their duties. B. When an animal has been removed from a vehicle pursuant to this section, the animal control officer shall cause to be posted in a conspicuous place on said vehicle a notice which shall state that the animal has been removed from the vehicle pursuant to La Quinta Municipal Code Section 10.28.080, where the animal has been impounded, the procedure whereby the owner of said animal may regain custody of the animal, and notice that the owner may be liable for impound fees and costs. 10.28.090 Causing another person’s animal to be disposed of. A. Every person contacting the city’s animal control department or taking an animal to the animal control department for impoundment or disposal shall, if the animal is not owned by him or her, inform the animal control department who the lawful owner is, if known, and where and when the animal was found. If the lawful owner cannot be determined, the animal control officer shall keep the animal as prescribed in Section 10.20.030 of this title. B. It is unlawful for any person to take, deliver, or have delivered an animal to the animal control officer or the city shelter or city-contracted shelter for impoundment or disposal without disclosing to the animal control officer or the city shelter or city-contracted shelter the name of the lawful owner of such animal, if known. C. It is unlawful for any property owner, or responsible person(s), including any natural person, the parent or the legal guardian of any natural person under the age of eighteen years, any corporation, association, organization, estate, group, combination acting as a group, or any officer, agent, employee, or servant of any of the foregoing, to fail to board any animal left behind by a tenant. Any property owner or responsible person that fails to make arrangements for the humane sheltering and care of said animal for the length of time required by law and/or fails to make arrangements with the sheltering agency is in violation of this section. D. Enforcement of this section shall be performed by administrative citation. Each day such a violation is committed or permitted to continue shall constitute a separate offense. When an animal is found at large and is known to be from a vacant property, it shall be deemed in violation of this section if the property owner or responsible person fails to take control of the animal immediately. Notwithstanding any other provisions of this code, the fine for violation of this section after receiving a warning from the animal control officer shall be in accordance with Chapter 1.09 of this code. 10.28.100 Feeding of wild animal prohibited. 44 EXHIBIT A to ORDINANCE 567 No person shall feed or in any manner intentionally provide food as sustenance or to encourage domesticity in a non-domesticated or wild animal with the exception of a bird feeder in the yard. A person may feed or provide food to a wild animal under the following circumstances: A. When the wild animal is maintained, treated or fed pursuant to a valid certificate or permit issued by the state of California or an agency of the United States Government; B. When the wild animal is maintained, treated or fed between the time the animal control officer or Humane Society is notified and the wildlife is picked up by an appropriate agency. 10.28.110 Wildlife protected. Other than in self-defense, no person shall kill, capture or molest any species of wild animal or damage the nest or eggs of any wild animal within the city, except any poisonous reptile or insect; provided, however, that if it is determined by the city manager, or authorized representative, that a wild animal has become a menace to any person’s health, safety or property, the city manager, or authorized representative, shall issue a permit authorizing any person to kill or capture the wild animal. In no event shall any person use or employ poison or diseased material to kill or capture any wild animal. This section shall not pertain to rats and vermin animals unless such animals are otherwise protected under the law. 10.28.120 Importing or transporting diseased animals. A. It is unlawful for any person to bring or receive in, or to transport from place to place within the city any animals affected with any contagious, infectious, or communicable disease without written permission from the animal control department, except such diseased animals as are specifically permitted to enter the state of California and the county of Riverside under federal or California state regulations, and only under the conditions and for the purpose prescribed in the federal and state regulations governing the movement of such animals. This section shall not apply to actions taken except for the purpose of immediate destruction by humane means, or for immediate medical treatment. All animals brought into the city in violation of this section shall be subject to possible quarantine, examination and test, all at the expense of the owner, by the animal control officer or his or her appointed agents, who may dispose of such animals consistent with the provisions of this title to safeguard the health, safety, and welfare of the residents of the city and the protection of the health of the animals therein. B. It is unlawful for any person to bring into or receive in, or to transport from place to place within, the city, any animal of a species known to be capable of carrying the rabies virus from any other jurisdiction, city, county, state or country in which a reported case of rabies exists or has existed within the preceding six months. 45 46   CONSENT CALENDAR ITEM NO. 3 47 48 City of La Quinta General Plan Update Q:\2010\16\Jobs\J10-1626 La Quinta GP Circulation Element\Gra FIGURE 4 Existing City Roadway Classifications Page 11 )*+,-111 !"#$10 Avenue 48 Avenue 49 Avenue 50 Avenue 52 Avenue 54 Airport Blvd Avenue 58 Avenue 60 Avenue 62 Avenue 64 Westward Ho Dr Calle Tampico Fred Waring Dr Miles Ave Eisenhower DrAvenida BermudasWashington StAdams StDune Palms RdJefferson StMadison StMonroe StJackson StVan Buren StHarrison StN NOT TO SCALE Legend City Boundary Sphere of Influence Primary Road Collector Road Major Road Secondary Road Freeway Modified Secondary Arterial ATTACHMENT 1 49 50 ATTACHMENT 2 51 52    CONSENT CALENDAR ITEM NO. 4 53 54     CONSENT CALENDAR ITEM NO. 5 55 56 ATTACHMENT 1 57 58 59 60 61 62 63 64 65 66 67 68 ATTACHMENT 2 69 70 71 72 City of La Quinta CITY COUNCIL MEETING: February 20, 2018 STAFF REPORT AGENDA TITLE: RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED DECEMBER 31, 2017 RECOMMENDATION Receive and file revenue and expenditure reports dated December 31, 2017. EXECUTIVE SUMMARY •The revenue and expenditure reports summarize the City’s year-to-date (YTD) and period activity as of December 31, 2017 (Attachment 1). FISCAL IMPACT – None. BACKGROUND/ANALYSIS Reports Below is a summary of the column headers used on the Revenue and Expenditure Summary Reports: Original Total Budget represents revenue and expenditure budgets the Council adopted in June 2017 for fiscal year 2017/18. Current Total Budget represents original adopted budgets plus any carryovers (typically associated with long-term Capital Improvement Projects (CIP)) from the prior fiscal year, and any Council approved budget amendments. Period Activity represents actual revenues received and expenditures outlaid in the reporting month. Fiscal Activity represents actual revenues received and expenditures outlaid YTD. Variance Favorable/(Unfavorable) represents the dollar difference between YTD collections and the budgeted amount. Percent Used represents the percentage activity as compared to budget YTD. The revenue report includes revenues and transfers into funds from other funds (income items). Revenues are not received uniformly throughout the year, resulting in peaks and valleys. For example, large property tax payments are usually received in December and May. Similarly, Redevelopment Property Tax Trust Fund payments are typically received in January and June. CONSENT CALENDAR ITEM NO. 6 73 The expenditure report includes expenditures and transfers out to other funds. Unlike revenues, expenditures are fairly consistent month to month. However, large debt service payments or CIP expenditures can also result in peaks and valleys. December Revenues $5,578,707 in General Fund revenue was collected in December, bringing the total YTD to $13,471,042 which is 27.75 percent of the budget. Total collections for all funds were $8,290,111, bringing the total YTD to $22,738,746 which is 30.38 percent of the budget. Top Five Revenue/Income Sources for December General Fund Non-General Fund Property Tax $ 1,964,265 Transfers In – Capital Improvement Program (CIP) (1) $ 1,492,102 Measure G Sales Tax $ 1,170,551 SilverRock Resort- Greens Fees $ 278,093 State Sales Tax $ 828,544 Internal Service Fund- Insurance $ 247,250 Transient Occupancy Tax (TOT) $ 719,202 Internal Service Fund-Technology $ 183,250 Fire Service Tax Credit $ 242,720 Internal Service Fund-Equipment $ 141,000 (1) Transfers in from multiple funds for ongoing projects December Expenditures $5,337,867 in General Fund money was expended in December, bringing the total YTD to $14,828,305 which is 28.70 percent of the budget. Of this amount, $2,434,419 is related to personnel costs (salaries, benefits, etc.) which included the $1,523,400 Other Post- Employment Benefits (OPEB) Trust contribution. Total expenditures for all funds were $7,584,360, bringing the total YTD expenditures to $30,141,000 which is 33.90 percent of the budget. Top Five Expenditures/Outlays for December General Fund Non-General Fund Police Contract $ 1,056,406 Transfers Out- Transportation DIF Fund (2) $ 524,816 Transfers Out(1) $ 737,315 Capital Improvement Program Construction (3) $ 348,632 Internal Service Fund- Insurance $ 112,250 Transfers Out- Quimby Fund (4) $ 192,414 Contract Legal Services $ 81,519 SilverRock Maintenance $ 165,060 Internal Service Fund-Parks $ 75,000 Capital Improvement Program Design (5) $ 154,528 (1) Transfers out to Capital Improvement Program (CIP) for ongoing projects (2) Development Impact Fees transferred to CIP for Miles Median project (3) Construction costs include Roudel and Point Happy drainage projects, landscaping, and pavement management (4)Quimby Funds used for parks included La Quinta Xpark design and the Fritz Burns tennis and pickleball courts (5) Design costs include Village Complete Streets, Eisenhower retention basin, Dune Palms low water crossing and Xpark 74 Summary All funds are generally on target or under budget with regard to expenditures. The timing imbalance of revenue receipts versus expenditures is funded from the City’s cash flow reserve. Prepared by: Rosemary Hallick, Financial Services Analyst Approved by: Karla Campos, Finance Director Attachment: 1. Revenue and Expenditure Report for December 2017 75 76 1/29/2018 11:21:02 AM Page 1 City Council Month Revenue Report City of La Quinta, CA Group Summary For Fiscal: 2017/18 Period Ending: 12/31/2017 Fiscal Activity Variance Favorable (Unfavorable) Period ActivityFun… Current Total Budget Original Total Budget Percent Used 101 - GENERAL FUND 13,471,042.035,578,707.1648,551,600.00 48,551,600.00 -35,080,557.97 27.75 % 201 - GAS TAX FUND 680,030.191,597.881,415,400.00 1,415,400.00 -735,369.81 48.05 % 202 - LIBRARY & MUSEUM FUND 1,089,568.9818,232.202,254,000.00 2,254,000.00 -1,164,431.02 48.34 % 210 - FEDERAL ASSISTANCE FUND 0.000.00125,800.00 127,451.00 -127,451.00 0.00 % 212 - SLESA (COPS) FUND 81,243.528,502.48100,100.00 100,100.00 -18,856.48 81.16 % 215 - LIGHTING & LANDSCAPING FUND 505,581.47985.521,448,900.00 1,448,900.00 -943,318.53 34.89 % 218 - CV VIOLENT CRIME TASK FORCE -250.912.680.00 0.00 -250.91 0.00 % 219 - ASSET FORFEITURE -13.330.040.00 0.00 -13.33 0.00 % 220 - QUIMBY FUND 37,442.8333,245.0655,000.00 55,000.00 -17,557.17 68.08 % 221 - AB 939 - CALRECYCLE FUND 13,827.002,954.3462,500.00 62,500.00 -48,673.00 22.12 % 223 - MEASURE A FUND 257,155.2967,899.65724,500.00 724,500.00 -467,344.71 35.49 % 224 - TUMF FUND 70.9582.120.00 0.00 70.95 0.00 % 225 - INFRASTRUCTURE FUND 109.7689.740.00 0.00 109.76 0.00 % 231 - SUCCESSOR AGCY PA 1 RORF 12,131.373,797.010.00 0.00 12,131.37 0.00 % 235 - SO COAST AIR QUALITY FUND 13,744.8713,600.5250,300.00 50,300.00 -36,555.13 27.33 % 241 - HOUSING AUTHORITY 602,857.57114,370.98919,000.00 919,000.00 -316,142.43 65.60 % 243 - RDA Low-Mod Housing Fund 7,374.594,575.900.00 0.00 7,374.59 0.00 % 249 - SA 2011 LOW/MOD BOND FUND (Refinanced in 2016)20,185.950.000.00 0.00 20,185.95 0.00 % 250 - TRANSPORTATION DIF FUND 207,759.3342,662.54369,000.00 369,000.00 -161,240.67 56.30 % 251 - PARKS & REC DIF FUND 137,216.0020,480.00200,000.00 200,000.00 -62,784.00 68.61 % 252 - CIVIC CENTER DIF FUND 62,822.009,128.00100,000.00 100,000.00 -37,178.00 62.82 % 253 - LIBRARY DEVELOPMENT DIF 23,048.003,440.0030,000.00 30,000.00 -6,952.00 76.83 % 254 - COMMUNITY CENTER DIF 9,206.661,748.8815,400.00 15,400.00 -6,193.34 59.78 % 255 - STREET FACILITY DIF FUND 10,454.552,561.4915,000.00 15,000.00 -4,545.45 69.70 % 256 - PARK FACILITY DIF FUND 2,683.53402.614,000.00 4,000.00 -1,316.47 67.09 % 257 - FIRE PROTECTION DIF 28,877.004,196.0040,000.00 40,000.00 -11,123.00 72.19 % 270 - ART IN PUBLIC PLACES FUND 17,256.991,497.6753,500.00 53,500.00 -36,243.01 32.26 % 299 - INTEREST ALLOCATION FUND 0.00-269,604.450.00 0.00 0.00 0.00 % 310 - LQ FINANCE AUTHORITY DEBT SERVICE 166.010.07671,400.00 671,400.00 -671,233.99 0.02 % 401 - CAPITAL IMPROVEMENT PROGRAMS 2,792,178.511,608,015.868,423,900.00 10,658,881.00 -7,866,702.49 26.20 % 501 - FACILITY & FLEET REPLACEMENT 371,526.38162,616.44531,000.00 531,000.00 -159,473.62 69.97 % 502 - INFORMATION TECHNOLOGY 376,414.86186,870.27714,000.00 714,000.00 -337,585.14 52.72 % 503 - PARK EQUIP & FACILITY FUND 164,412.0186,636.22680,000.00 680,000.00 -515,587.99 24.18 % 504 - INSURANCE FUND 498,671.45247,718.131,001,000.00 1,001,000.00 -502,328.55 49.82 % 601 - SILVERROCK RESORT 1,241,664.94331,347.394,004,200.00 4,004,200.00 -2,762,535.06 31.01 % 602 - SILVERROCK GOLF RESERVE 2,285.831,750.3061,300.00 61,300.00 -59,014.17 3.73 % Report Total:8,290,110.70 22,738,746.1872,620,800.00 74,857,432.00 -52,118,685.82 30.38 % ATTACHMENT 1 77 1/29/2018 11:20:33 AM Page 2 City Council Month Expense Reports City of La Quinta, CA Group Summary For Fiscal: 2017/18 Period Ending: 12/31/2017 Fiscal Activity Variance Favorable (Unfavorable) Period ActivityFun… Current Total Budget Original Total Budget Percent Used 101 - GENERAL FUND 14,828,304.625,337,866.5248,180,700.00 51,663,040.00 36,834,735.38 28.70 % 201 - GAS TAX FUND 556,221.00141,581.141,435,000.00 1,442,240.00 886,019.00 38.57 % 202 - LIBRARY & MUSEUM FUND 441,461.0840,726.171,947,500.00 1,947,500.00 1,506,038.92 22.67 % 210 - FEDERAL ASSISTANCE FUND 0.000.00125,800.00 127,451.00 127,451.00 0.00 % 212 - SLESA (COPS) FUND 6,525.611,219.07100,000.00 100,000.00 93,474.39 6.53 % 215 - LIGHTING & LANDSCAPING FUND 655,464.26186,715.421,519,300.00 1,527,920.00 872,455.74 42.90 % 218 - CV VIOLENT CRIME TASK FORCE 3,406.650.000.00 0.00 -3,406.65 0.00 % 219 - ASSET FORFEITURE 55.640.000.00 0.00 -55.64 0.00 % 220 - QUIMBY FUND 412,279.22192,413.570.00 0.00 -412,279.22 0.00 % 221 - AB 939 - CALRECYCLE FUND 1,594.55865.8020,000.00 20,000.00 18,405.45 7.97 % 223 - MEASURE A FUND 89,386.8241,057.63787,000.00 787,000.00 697,613.18 11.36 % 225 - INFRASTRUCTURE FUND 0.000.0022,600.00 22,600.00 22,600.00 0.00 % 231 - SUCCESSOR AGCY PA 1 RORF 4,717,897.660.000.00 0.00 -4,717,897.66 0.00 % 235 - SO COAST AIR QUALITY FUND 0.000.0032,000.00 32,000.00 32,000.00 0.00 % 237 - SUCCESSOR AGCY PA 1 ADMIN 2,184.00300.000.00 0.00 -2,184.00 0.00 % 241 - HOUSING AUTHORITY 394,911.7179,666.291,192,100.00 1,192,920.00 798,008.29 33.10 % 243 - RDA Low-Mod Housing Fund 0.000.000.00 259,000.00 259,000.00 0.00 % 249 - SA 2011 LOW/MOD BOND FUND (Refinanced in 2016)0.000.009,400,000.00 9,400,000.00 9,400,000.00 0.00 % 250 - TRANSPORTATION DIF FUND 550,128.05524,815.911,005,100.00 1,005,100.00 454,971.95 54.73 % 252 - CIVIC CENTER DIF FUND 33,408.2516,704.100.00 0.00 -33,408.25 0.00 % 253 - LIBRARY DEVELOPMENT DIF 8,798.503,795.730.00 0.00 -8,798.50 0.00 % 254 - COMMUNITY CENTER DIF 0.000.00101,600.00 101,600.00 101,600.00 0.00 % 255 - STREET FACILITY DIF FUND 8,980.434,489.620.00 0.00 -8,980.43 0.00 % 256 - PARK FACILITY DIF FUND 2,682.551,401.490.00 0.00 -2,682.55 0.00 % 257 - FIRE PROTECTION DIF 1,281.091,275.190.00 0.00 -1,281.09 0.00 % 270 - ART IN PUBLIC PLACES FUND 62,556.201,377.00122,000.00 122,000.00 59,443.80 51.28 % 310 - LQ FINANCE AUTHORITY DEBT SERVICE 651,886.751,783.00671,400.00 671,400.00 19,513.25 97.09 % 401 - CAPITAL IMPROVEMENT PROGRAMS 3,157,989.35547,529.858,614,400.00 10,849,381.00 7,691,391.65 29.11 % 501 - FACILITY & FLEET REPLACEMENT 268,997.68-7,183.561,069,300.00 1,069,300.00 800,302.32 25.16 % 502 - INFORMATION TECHNOLOGY 429,799.3951,727.00914,000.00 917,100.00 487,300.61 46.87 % 503 - PARK EQUIP & FACILITY FUND 126,911.240.00670,000.00 670,000.00 543,088.76 18.94 % 504 - INSURANCE FUND 811,233.9712,609.54969,200.00 972,740.00 161,506.03 83.40 % 601 - SILVERROCK RESORT 1,916,652.83401,623.474,003,400.00 4,005,470.00 2,088,817.17 47.85 % Report Total:7,584,359.95 30,140,999.1082,902,400.00 88,905,762.00 58,764,762.90 33.90 % 78 City of La Quinta CITY COUNCIL MEETING: February 20, 2018 STAFF REPORT AGENDA TITLE: APPROVE DEMAND REGISTERS DATED FEBRUARY 2 AND 9, 2018 RECOMMENDATION Approve demand registers dated February 2 and 9, 2018. EXECUTIVE SUMMARY – None FISCAL IMPACT Demand of Cash: City 1,152,664.96$ Successor Agency of RDA -$ Housing Authority 4,992.50$ 1,157,657.46$ BACKGROUND/ANALYSIS Between Council meetings, routine bills and payroll must be paid. Attachment 1 details the weekly demand registers dated February 2 and 9, 2018. Warrants Issued: 117533-117601 200,911.95$ 117602-117681 401,023.92$ Voids (1,351.30)$ Wire Transfers 339,039.82$ Payroll Tax transfers 43,660.94$ Payroll Direct Deposit 174,372.13$ 1,157,657.46$ The Voids were twelve checks over one year old. They were voided pursuant to city policy. CONSENT CALENDAR ITEM NO. 7 79 The most significant expenditures on the demand register are: Account Name Amount Urban Habitat Construction 112,955.42$ North La Quinta Environmental Landscapes Turf Conversion Marthas Village & Kitchen Homeless 51,500.00$ Homeless Funding Assistance Lawyers Title Company Land Acquisition 44,688.29$ Property Purchase Dune Palms Road Conserve Landcare Landscape Contract 40,877.00$ Park Landscape Services Imperial Irrigation District Various 36,563.04$ Electricity Services PurposeVendor Wire Transfers: Eight transfers totaled $339,039.82. Of this amount, $101,401.16 was for PERS Health, $193,405.32 for LandMark Golf and $36,066.72 for CalPERS. (See Attachment 2 for a full listing) ALTERNATIVES Council may approve, partially approve, or reject the demand registers. Prepared by: Derrick Armendariz, Account Technician Approved by: Rosemary Hallick, Financial Services Analyst Attachments: 1. Demand Registers 2.Wire Transfers 80 2/2/2018 2:00:08 PM Page 1 of 5 Demand Register City of La Quinta, CA Packet: APPKT01479 - DA 02/02/2018 AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 101 - GENERAL FUND 165.00Security & Alarm01/01-03/31/18- LQ MAINT117533Alarm Monitoring Services, Inc.101-3008-60123 165.00Security & Alarm01/01-03/31/18- LQ PARK117533Alarm Monitoring Services, Inc.101-3008-60123 165.00Security & Alarm01/01-03/31/18- WELLNESS CENTER117533Alarm Monitoring Services, Inc.101-3008-60123 330.00Security & Alarm01/01-03/31/18- CITY HALL117533Alarm Monitoring Services, Inc.101-3008-60123 179.97Maintenance/Services01/05-01/18/18- WC JANITORIAL SUPPLIES117534AMERIPRIDE SERVICES INC 101-3008-60691 132.81PM 10 - Dust Control12/25/17-01/21/18- PM 10 ANSWERING …117535ANSAFONE CONTACT CENTERS 101-7006-60146 1,170.00Travel & Training10/03/2017- ED WEEK TRAINING117537CALIFORNIA BUILDING OFFICI…101-6003-60320 475.00Membership Dues02/01/18-01/31/19- AGENCY MEMBERSHI…117538CALIFORNIA PARK & RECREAT…101-3003-60351 7,500.80Dental Insurance Pay02/2018- DENTAL INSURANCE117540CIGNA HEALTH CARE 101-0000-20943 1,190.76Utilities - Water - Civic Center …01/26/18- WATER SERVICE117541COACHELLA VALLEY WATER DI…101-3005-61202 3,667.06Utilities - Water -Community P…01/26/18- WATER SERVICE117541COACHELLA VALLEY WATER DI…101-3005-61209 258.32PM 10 - Dust Control01/26/18- WATER SERVICE117541COACHELLA VALLEY WATER DI…101-7006-60146 134.24Utilties - Water01/26/18- WATER SERVICE117541COACHELLA VALLEY WATER DI…101-3002-61200 131.99Utilities - Water - Civic Center …01/26/18- WATER SERVICE117541COACHELLA VALLEY WATER DI…101-3005-61202 1,179.14Utilities - Water -Fritz Burns pa…01/26/18- WATER SERVICE117541COACHELLA VALLEY WATER DI…101-3005-61204 163.19Utilities - Water01/26/18- WATER SERVICE117541COACHELLA VALLEY WATER DI…101-3008-61200 128.10Instructors01/25/18- CARDIO & STRENTH117542COHEN, ANN MARIE 101-3002-60107 297.61Maintenance/Services01/08/18- MAINLINE REPAIR117543CONSERVE LANDCARE 101-3005-60691 207.60Maintenance/Services01/08/18- REPLACE IRRIGATION CONTROL…117543CONSERVE LANDCARE 101-3005-60691 328.37Citywide Conf Room Supplies01/26/18- COFFEE SUPPLIES117545DAIOHS FIRST CHOICE SERVICES 101-1007-60403 170.00Cash Over/Short01/18/18- REFUND OVERPAYMENT BUS. L…117546DANIEL'S 101-0000-42300 48.00Instructors01/25/18- INTERMEDIATE BRIDGE117547DAVID, MIRIAM 101-3002-60107 271.34Training & Education/MOU01/03-01/24/18- TUITION REIMB117548DELGADO, JESSICA 101-1004-60322 40.00Fitness Membership Reimburs…01/18/18- FITPASS REIMB117551ESCATEL-CARRELLO, ELIZABETH 101-1004-50252 4,875.00Plan ChecksON CALL BUILDING PLAN REVIEW & INSPE…117552ESGIL CORPORATION 101-6003-60118 72.72Utilities - Gas12/18/17-01/19/18- FS #32 GAS SVC117555GAS COMPANY, THE 101-2002-61100 538.48Utilities - Gas12/18/17- 01/19/18- CITY HALL GAS SVC117555GAS COMPANY, THE 101-3008-61100 248.74Utilities - Gas12/18/17-01/19/18- WC GAS SVC117555GAS COMPANY, THE 101-3008-61100 850.00Community Experiences12/18/17- LQ GOLF TOUR UPDATES %50 …117556GIZMO BEACH 101-3003-60149 141.01Materials/Supplies12/27/17- CITY HALL MATERIALS117557GRAINGER 101-3008-60431 8.24Materials/Supplies01/17/18- OPERATING SUPPLIES117557GRAINGER 101-3008-60431 526.94Travel & Training01/09-01/11/18- GFOA TRAINING117558HALLICK, ROSEMARY 101-1006-60320 456.00Cannabis Delivery License01/02/18- REFUND DUE TO NEW STATE P…117559HARTLEY, STEPHANIE 101-0000-41601 1,250.96Maintenance/Services01/15/18- CITY HALL GLASS PARTITION117560HENRY'S GLASS COMPANY 101-3008-60691 56.25Leisure Enrichment01/08/18- DOUBLE CHARGE REFUND117561HOLGUIN, LISA MARIE 101-0000-42200 1,331.51Utilities - Electricity01/30/18- ELECTRICITY SERVICE117562IMPERIAL IRRIGATION DIST 101-2002-61101 12.34Utilities - Electric - Monticello …01/30/18- ELECTRICITY SERVICE117562IMPERIAL IRRIGATION DIST 101-3005-61102 2,100.54Utilities - Electric - Civic Center…01/30/18- ELECTRICITY SERVICE117562IMPERIAL IRRIGATION DIST 101-3005-61103 1,509.54Utilities - Electric - Fritz Burns …01/30/18- ELECTRICITY SERVICE117562IMPERIAL IRRIGATION DIST 101-3005-61105 3,819.67Utilities - Electric - Sports Com…01/30/18- ELECTRICITY SERVICE117562IMPERIAL IRRIGATION DIST 101-3005-61106 12.34Utilities - Electric - Colonel Pai…01/30/18- ELECTRICITY SERVICE117562IMPERIAL IRRIGATION DIST 101-3005-61108 3,688.05Utilities - Electric - Community…01/30/18- ELECTRICITY SERVICE117562IMPERIAL IRRIGATION DIST 101-3005-61109 65.88Utilities - Electric - Adams Park01/30/18- ELECTRICITY SERVICE117562IMPERIAL IRRIGATION DIST 101-3005-61110 15.32Utilities - Electric - Velasco Park01/30/18- ELECTRICITY SERVICE117562IMPERIAL IRRIGATION DIST 101-3005-61111 23.06Utilities - Electric - Eisenhower…01/30/18- ELECTRICITY SERVICE117562IMPERIAL IRRIGATION DIST 101-3005-61113 13.05Utilities - Electric - Desert Pride01/30/18- ELECTRICITY SERVICE117562IMPERIAL IRRIGATION DIST 101-3005-61114 8,267.61Utilities - Electricity01/30/18- ELECTRICITY SERVICE117562IMPERIAL IRRIGATION DIST 101-3008-61101 4,320.00Plan ChecksON CALL PLAN REVIEW SERVICES117563JAS PACIFIC INC 101-6003-60118 17.00MSHCP Mitigation Fee11/07/17- REFUND OVERPAYMENT BLDG …117564JOHNSON, PAUL AND BRENDA 101-0000-20310 451.50Materials/Supplies01/10/18- ACTUATOR117565JOHNSTONE SUPPLY 101-3008-60431 17.00MSHCP Mitigation Fee01/04/18- OVERPAYMENT BLDG PERMIT117566KIRKLAND TREE FARMS 101-0000-20310 2,000.00Community Experiences01/31/18- PROCEEDS FOR BREW IN LQ PA…117567LA QUINTA ROTARY CLUB 101-3003-60149 15,152.00Membership Dues01/31/18- 2018 MEMBERSHIP DUES117570LEAGUE OF CALIFORNIA CITIES 101-1002-60351 Attachment 1 81 Demand Register Packet: APPKT01479 - DA 02/02/2018 2/2/2018 2:00:08 PM Page 2 of 5 AmountVendor Name Payment Number Description (Item)Account Name Account Number 10.34Materials/Supplies01/25/18- SPORTS COMPLEX KEYS117571LOCK SHOP INC, THE 101-3008-60431 456.00Cannabis Delivery License01/31/18- REFUND BUSINESS LICENSE117572MEJIA, ARIANNA I 101-0000-41601 788.83JanitorialCITYWIDE JANITORIAL SERVICES/WELLNES…117573NELSEN'S JANITORIAL SERVICE 101-3008-60115 5,995.00JanitorialCITYWIDE JANITORIAL SERVICES/CITY HALL117573NELSEN'S JANITORIAL SERVICE 101-3008-60115 30.35Postage01/06/18- OVERNIGHT MAIL117575ONTRAC 101-1007-60470 40.08Postage01/13/18- OVERNIGHT MAIL117575ONTRAC 101-1007-60470 231.94Travel & Training01/18-01/19/18- PUBLIC SAFETY POLICE C…117576PENA, JOHN 101-1001-60320 756.63Printing12/31/17- BL DECALS 2019117577PRINTING PLACE, THE 101-6001-60410 230.00Building Plan Check Fees09/22/17- REFUND CONST PLAN DEPOSIT117580RJT HOMES CODORNIZ 101-0000-42600 533.76Instructors01/25/18- TAEKWONDO117581ROJAS, MIGUEL ANGEL 101-3002-60107 42.00Instructors01/25/18- WATERCOLOR117582RYAN, JOAN FRANCIS 101-3002-60107 40.00Fitness Membership Reimburs…01/19/18- FITNESS REIMB117583SANCHEZ, BENJAMIN TELLEZ 101-1004-50252 152.01Travel & Training01/30/18- TRANSPORTATION COMMITTEE117584SANCHEZ, STEVE 101-1001-60320 273.00Instructors01/28/18- FRIDAY NIGHT DANCE117585SHIRY, TERESA 101-3002-60107 70.43Materials/Supplies12/28/17- VALVE BOX LIDS117586SMITH PIPE & SUPPLY CO 101-3005-60431 652.00Instructors01/25/18- PERSONAL TRAINER117587SNYDER, JANICE 101-3002-60107 564.30Life Insurance Pay02/2018- LIFE INSURANCE117588STANDARD INSURANCE COMP…101-0000-20947 4,338.34Disability Insurance Pay02/2018- LIFE INSURANCE STD/LTD117588STANDARD INSURANCE COMP…101-0000-20955 322.05Add'l Life Insurance Pay02/2018- ADD'L LIFE INSURANCE117589STANDARD INSURANCE COMP…101-0000-20948 131.50Office Supplies01/10/18- OFFICE SUPPLIES117590STAPLES ADVANTAGE 101-6004-60400 63.88Office Supplies01/10/18- OFFICE SUPPLIES117590STAPLES ADVANTAGE 101-7003-60400 -21.48Employee Recognition Awards01/16/18- EMP BANQUET SUPPLIES117590STAPLES ADVANTAGE 101-1004-60340 29.33Fire Station01/16/18- FS#93 CALENDARS117590STAPLES ADVANTAGE 101-2002-60670 13.92Office Supplies01/18/18- FIRST AID KITS/SUPPLIES117590STAPLES ADVANTAGE 101-3005-60400 9.14Office Supplies01/21/18- FLEET SUPPLIES117590STAPLES ADVANTAGE 101-3005-60400 22.85Utilities - Cable12/16-01/15/18- FS#70 CABLE117591TIME WARNER CABLE 101-2002-61400 87.94Utilities - Cable01/24-02/23/18- FS#93 CABLE117591TIME WARNER CABLE 101-2002-61400 158.99Utilities - Cable01/03-02/02/18- FS#93 CABLE117591TIME WARNER CABLE 101-2002-61400 301.00Instructors01/13/17- SUNSET YOGA117593TRUE, ARTHUR ALLEN 101-3002-60107 100.00Pest Control01/17/18- SPORTS COMPLEX PEST CONTR…117594TRULY NOLEN INC 101-3008-60116 100.00Travel & Training01/31/18- TEE SPONSORSHIP117595VALLEY CRIME STOPPERS 101-1001-60320 200.00Facility Rental01/29/18- REFUND OVERPAYMENT FAC. R…117596VASQUEZ, IRMA 101-0000-42212 207.90Instructors01/25/18- GENTLE YOGA117597VIELHARBER, KAREN 101-3002-60107 1,470.53Vision Insurance Pay02/2018- VISION INSURANCE117598VISION SERVICE PLAN - (CA)101-0000-20945 30.50Vision Insurance Pay02/2018- COBRA VISION INSURANCE117598VISION SERVICE PLAN - (CA)101-0000-20945 2,738.75Plan ChecksYoung Engineering- On-Call Building Inspe…117600YOUNG ENGINEERING SVC 101-6003-60118 Fund 101 - GENERAL FUND Total:91,511.86 Fund: 201 - GAS TAX FUND 1,083.92Utilities - Electricity01/30/18- ELECTRICITY SERVICE117562IMPERIAL IRRIGATION DIST 201-7003-61101 134.28Traffic Control Signs01/10/18- RADAR ENFORCED SIGN117592TOPS'N BARRICADES INC 201-7003-60429 132.95Traffic Control Signs01/11/18- HI-INT YELLOW SIGN117592TOPS'N BARRICADES INC 201-7003-60429 128.87Traffic Control Signs01/12/18- SLOW METAL HI-INT SIGNS117592TOPS'N BARRICADES INC 201-7003-60429 189.55Traffic Control Signs01/17/18- SIGNS AND POST117592TOPS'N BARRICADES INC 201-7003-60429 532.88Traffic Control Signs01/18/18- DOUBLE ARROW SIGN/ SCHOOL…117592TOPS'N BARRICADES INC 201-7003-60429 382.80Traffic Control Signs01/18/18- GOLF CART LANE SIGN117592TOPS'N BARRICADES INC 201-7003-60429 440.22Traffic Control Signs01/18/18- GOLF CART LANE117592TOPS'N BARRICADES INC 201-7003-60429 318.20Traffic Control Signs01/18/18- NO PARKING SIGN/GOLF CART …117592TOPS'N BARRICADES INC 201-7003-60429 182.57Traffic Control Signs01/18/18- AHEAD SIGN117592TOPS'N BARRICADES INC 201-7003-60429 456.42Traffic Control Signs01/18/18- SCHOOL SPEED LIMIT SIGN117592TOPS'N BARRICADES INC 201-7003-60429 456.42Traffic Control Signs01/18/18- SCHOOL SPEED LIMIT SIGN117592TOPS'N BARRICADES INC 201-7003-60429 456.42Traffic Control Signs01/18/18- END SCHOOL SIGN117592TOPS'N BARRICADES INC 201-7003-60429 515.93Traffic Control Signs01/18/18- BIKE LANE SIGNS117592TOPS'N BARRICADES INC 201-7003-60429 35.68Traffic Control Signs01/18/18- CROSS TRAFFIC SIGN117592TOPS'N BARRICADES INC 201-7003-60429 214.67Traffic Control Signs01/18/18- KEEP RIGHT SYMBOL SIGN117601ZUMAR INDUSTRIES INC 201-7003-60429 Fund 201 - GAS TAX FUND Total:5,661.78 Fund: 202 - LIBRARY & MUSEUM FUND 165.00Security & Alarm01/01-03/31/18- LIBRARY117533Alarm Monitoring Services, Inc.202-3004-60123 165.00Security & Alarm01/01-03/31/18- MUSEUM117533Alarm Monitoring Services, Inc.202-3006-60123 90.27Maintenance/Services01/16/18- LIBRARY SMOKE SENSOR INSTA…117533Alarm Monitoring Services, Inc.202-3004-60691 123.92Maintenance/Services01/05/18- LIBRARY LIGHTING117544CONSOLIDATED ELECTRICAL DI…202-3004-60691 82 Demand Register Packet: APPKT01479 - DA 02/02/2018 2/2/2018 2:00:08 PM Page 3 of 5 AmountVendor Name Payment Number Description (Item)Account Name Account Number 844.99Maintenance/Services01/19/18- LIBRARY LIGHTING117544CONSOLIDATED ELECTRICAL DI…202-3004-60691 164.86Maintenance/Services01/11/18- LIBRARY LIGHTING117544CONSOLIDATED ELECTRICAL DI…202-3004-60691 1,060.48Maintenance/Services01/15/18- LIBRARY LIGHTING117544CONSOLIDATED ELECTRICAL DI…202-3004-60691 34.29Maintenance/Services01/10/18- LIBRARY LIGHTING117550DESERT ELECTRIC SUPPLY 202-3004-60691 117.09Utilities - Telephone01/13-02/12/18- MUSEUM TELEPHONE117553FRONTIER COMMUNICATIONS…202-3006-61300 399.34Utilities - Gas12/18/17-01/19/18- LIBRARY GAS SVC117555GAS COMPANY, THE 202-3004-61100 3,343.75Utilities - Electricity01/30/18- ELECTRICITY SERVICE117562IMPERIAL IRRIGATION DIST 202-3004-61101 659.59Utilities - Electricity01/30/18- ELECTRICITY SERVICE117562IMPERIAL IRRIGATION DIST 202-3006-61101 1,995.00JanitorialCITYWIDE JANITORIAL SERVICES/LIBRARY117573NELSEN'S JANITORIAL SERVICE 202-3004-60115 525.00JanitorialCITYWIDE JANITORIAL SERVICES/MUSEUM117573NELSEN'S JANITORIAL SERVICE 202-3006-60115 54.04Operating Supplies01/10/18- EXHIBIT SIGN HOLDER117590STAPLES ADVANTAGE 202-3006-60420 38.91Operating Supplies01/08/18- EXHIBIT ULTRABOARD117599XPRESS GRAPHICS 202-3006-60420 Fund 202 - LIBRARY & MUSEUM FUND Total:9,781.53 Fund: 215 - LIGHTING & LANDSCAPING FUND 7,589.31Utilities - Water - Medians01/26/18- WATER SERVICE117541COACHELLA VALLEY WATER DI…215-7004-61211 398.25Maintenance/Services01/08/18- MAINLINE REPAIR117543CONSERVE LANDCARE 215-7004-60691 107.31Utilities - Electric01/07-02/06/18- PHONE SERVICE117553FRONTIER COMMUNICATIONS…215-7004-61116 46.82Utilities - Electric01/10-02/09/18- PHONE SERVICE117553FRONTIER COMMUNICATIONS…215-7004-61116 655.86Utilities - Electric01/22/18- ELECTRICITY SERVICE117562IMPERIAL IRRIGATION DIST 215-7004-61116 50.89Utilities - Electric - Medians01/22/18- ELECTRICITY SERVICE117562IMPERIAL IRRIGATION DIST 215-7004-61117 6,789.71Utilities - Electric01/30/18- ELECTRICITY SERVICE117562IMPERIAL IRRIGATION DIST 215-7004-61116 3,120.41Utilities - Electric - Medians01/30/18- ELECTRICITY SERVICE117562IMPERIAL IRRIGATION DIST 215-7004-61117 5,278.00SilverRock Way LandscapeSILVERROCK RESORT PERIMETER LANDSC…117568LANDMARK GOLF MANAGEM…215-7004-60143 5,278.00SilverRock Way LandscapeSILVERROCK RESORT PERIMETER LANDSC…117568LANDMARK GOLF MANAGEM…215-7004-60143 58.52Materials/Supplies01/03/18- IRRIGATION SUPPLY117586SMITH PIPE & SUPPLY CO 215-7004-60431 Fund 215 - LIGHTING & LANDSCAPING FUND Total:29,373.08 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS 18,291.18DesignDUNE PALMS BRIDGE LOW WATER CROSS…117536BENGAL ENGINEERING INC 401-0000-60185 44,688.29Land Acquisition01/31/18- PROPERTY PURCHASE DUNE PA…117569LAWYERS TITLE COMPANY 401-0000-74010 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:62,979.47 Fund: 501 - FACILITY & FLEET REPLACEMENT 408.00Car Washes01/21/18- CAR WASHES117579RAN AUTO DETAIL 501-0000-60148 78.25Parts & Maintenance Supplies01/18/18- FIRST AID KITS/SUPPLIES117590STAPLES ADVANTAGE 501-0000-60675 30.63Parts & Maintenance Supplies01/21/18- FLEET SUPPLIES117590STAPLES ADVANTAGE 501-0000-60675 Fund 501 - FACILITY & FLEET REPLACEMENT Total:516.88 Fund: 502 - INFORMATION TECHNOLOGY 325.92Machinery & Equipment01/18/18- REPLACEMENT MONITOR117539CDW GOVERNMENT INC 502-0000-80100 120.00Consultants01/16/18- COUNCIL MTG VIDEO117549DESERT C.A.M INC 502-0000-60104 101.01Technical01/10-02/09/18- CITY HALL INTERNET117554FRONTIER-INTERNET 502-0000-60108 5.00Technology Enhancement Sur…01/02/18- REFUND DUE TO NEW STATE P…117559HARTLEY, STEPHANIE 502-0000-43611 5.00Technology Enhancement Sur…01/31/18- REFUND BUSINESS LICENSE117572MEJIA, ARIANNA I 502-0000-43611 130.04Utilities - Cable02/01-02/28/18- CITY HALL CABLE117591TIME WARNER CABLE 502-0000-61400 8.83Utilities - Cable01/20-02/19/18- WC CABLE117591TIME WARNER CABLE 502-0000-61400 Fund 502 - INFORMATION TECHNOLOGY Total:695.80 Fund: 504 - INSURANCE FUND 228.05Travel & Training01/23-01/25/18- RISK MGMT ACADEMY117574NIETO, PAM 504-1010-60320 163.50Travel & Training12/13-12/15/2017- RISK MGMT ACADEMY117578RADEVA, MONIKA 504-1010-60320 Fund 504 - INSURANCE FUND Total:391.55 Grand Total:200,911.95 83 Demand Register Packet: APPKT01479 - DA 02/02/2018 2/2/2018 2:00:08 PM Page 4 of 5 Fund Summary Fund Expense Amount 101 - GENERAL FUND 91,511.86 201 - GAS TAX FUND 5,661.78 202 - LIBRARY & MUSEUM FUND 9,781.53 215 - LIGHTING & LANDSCAPING FUND 29,373.08 401 - CAPITAL IMPROVEMENT PROGRAMS 62,979.47 501 - FACILITY & FLEET REPLACEMENT 516.88 502 - INFORMATION TECHNOLOGY 695.80 504 - INSURANCE FUND 391.55 Grand Total:200,911.95 Account Summary Account Number Account Name Expense Amount 101-0000-20310 MSHCP Mitigation Fee 34.00 101-0000-20943 Dental Insurance Pay 7,500.80 101-0000-20945 Vision Insurance Pay 1,501.03 101-0000-20947 Life Insurance Pay 564.30 101-0000-20948 Add'l Life Insurance Pay 322.05 101-0000-20955 Disability Insurance Pay 4,338.34 101-0000-41601 Cannabis Delivery License 912.00 101-0000-42200 Leisure Enrichment 56.25 101-0000-42212 Facility Rental 200.00 101-0000-42300 Cash Over/Short 170.00 101-0000-42600 Building Plan Check Fees 230.00 101-1001-60320 Travel & Training 483.95 101-1002-60351 Membership Dues 15,152.00 101-1004-50252 Fitness Membership Reim…80.00 101-1004-60322 Training & Education/MOU 271.34 101-1004-60340 Employee Recognition Aw…-21.48 101-1006-60320 Travel & Training 526.94 101-1007-60403 Citywide Conf Room Suppl…328.37 101-1007-60470 Postage 70.43 101-2002-60670 Fire Station 29.33 101-2002-61100 Utilities - Gas 72.72 101-2002-61101 Utilities - Electricity 1,331.51 101-2002-61400 Utilities - Cable 269.78 101-3002-60107 Instructors 2,185.76 101-3002-61200 Utilties - Water 134.24 101-3003-60149 Community Experiences 2,850.00 101-3003-60351 Membership Dues 475.00 101-3005-60400 Office Supplies 23.06 101-3005-60431 Materials/Supplies 70.43 101-3005-60691 Maintenance/Services 505.21 101-3005-61102 Utilities - Electric - Montic…12.34 101-3005-61103 Utilities - Electric - Civic C…2,100.54 101-3005-61105 Utilities - Electric - Fritz Bu…1,509.54 101-3005-61106 Utilities - Electric - Sports …3,819.67 101-3005-61108 Utilities - Electric - Colonel…12.34 101-3005-61109 Utilities - Electric - Comm…3,688.05 101-3005-61110 Utilities - Electric - Adams…65.88 101-3005-61111 Utilities - Electric - Velasco…15.32 101-3005-61113 Utilities - Electric - Eisenh…23.06 101-3005-61114 Utilities - Electric - Desert …13.05 101-3005-61202 Utilities - Water - Civic Ce…1,322.75 101-3005-61204 Utilities - Water -Fritz Bur…1,179.14 101-3005-61209 Utilities - Water -Commun…3,667.06 101-3008-60115 Janitorial 6,783.83 101-3008-60116 Pest Control 100.00 101-3008-60123 Security & Alarm 825.00 101-3008-60431 Materials/Supplies 611.09 84 Demand Register Packet: APPKT01479 - DA 02/02/2018 2/2/2018 2:00:08 PM Page 5 of 5 Account Summary Account Number Account Name Expense Amount 101-3008-60691 Maintenance/Services 1,430.93 101-3008-61100 Utilities - Gas 787.22 101-3008-61101 Utilities - Electricity 8,267.61 101-3008-61200 Utilities - Water 163.19 101-6001-60410 Printing 756.63 101-6003-60118 Plan Checks 11,933.75 101-6003-60320 Travel & Training 1,170.00 101-6004-60400 Office Supplies 131.50 101-7003-60400 Office Supplies 63.88 101-7006-60146 PM 10 - Dust Control 391.13 201-7003-60429 Traffic Control Signs 4,577.86 201-7003-61101 Utilities - Electricity 1,083.92 202-3004-60115 Janitorial 1,995.00 202-3004-60123 Security & Alarm 165.00 202-3004-60691 Maintenance/Services 2,318.81 202-3004-61100 Utilities - Gas 399.34 202-3004-61101 Utilities - Electricity 3,343.75 202-3006-60115 Janitorial 525.00 202-3006-60123 Security & Alarm 165.00 202-3006-60420 Operating Supplies 92.95 202-3006-61101 Utilities - Electricity 659.59 202-3006-61300 Utilities - Telephone 117.09 215-7004-60143 SilverRock Way Landscape 10,556.00 215-7004-60431 Materials/Supplies 58.52 215-7004-60691 Maintenance/Services 398.25 215-7004-61116 Utilities - Electric 7,599.70 215-7004-61117 Utilities - Electric - Media…3,171.30 215-7004-61211 Utilities - Water - Medians 7,589.31 401-0000-60185 Design 18,291.18 401-0000-74010 Land Acquisition 44,688.29 501-0000-60148 Car Washes 408.00 501-0000-60675 Parts & Maintenance Supp…108.88 502-0000-43611 Technology Enhancement…10.00 502-0000-60104 Consultants 120.00 502-0000-60108 Technical 101.01 502-0000-61400 Utilities - Cable 138.87 502-0000-80100 Machinery & Equipment 325.92 504-1010-60320 Travel & Training 391.55 Grand Total:200,911.95 Project Account Summary Project Account Key Expense Amount **None**135,932.48 091004L 44,688.29 111205D 18,291.18 BREWLQE 2,000.00 Grand Total:200,911.95 85 2/8/2018 3:31:29 PM Page 1 of 7 Demand Register City of La Quinta, CA Packet: APPKT01488 - DA 02/09/2018 AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 101 - GENERAL FUND -26.53Sales Taxes Payable01/29/18- WC GYM WIPES1176022XL CORPORATION 101-0000-20304 412.49Operating Supplies01/29/18- WC GYM WIPES1176022XL CORPORATION 101-3002-60420 695.00Civic Center Lake Maintenance01/2018- CC LAKE MAINT117603ALL VALLEY BBQ, SPA & PATIO…101-3005-60117 78.00Blood/Alcohol Testing12/12/17- BLOOD ANALYSIS117607BIO-TOX LABORATORIES 101-2001-60174 9,690.00Boys & Girls ClubCDBG FUNDING SUB-RECIPIENT FOR 17/18…117610BOYS & GIRLS CLUB OF COACH…101-3001-60135 483.94Special Enforcement Funds12/29/17- BALLISTIC VEST - SET - MCGUIRE117611BPS TACTICAL INC 101-2001-60175 51.70Operating Supplies01/13/18- S/T VACATION RENTAL HOTLINE117612CADENCE COMMUNICATIONS …101-6006-60420 196.05LT Care Insurance PayLONG TERM CARE117614CALPERS LONG-TERM CARE P…101-0000-20949 4,353.00MSHCP Mitigation Fee01/2018- MITIGATION FEE117618COACHELLA VALLEY CONSERV…101-0000-20310 -43.53CVMSHCP Admin Fee01/2018- MITIGATION FEE117618COACHELLA VALLEY CONSERV…101-0000-43631 500.00Grants & Economic Developm…06/06/17- COMMUNITY SERVICES GRANT117620COACHELLA VALLEY SYMPHO…101-3001-60510 31,807.00Landscape ContractPARK LANDSCAPE MAINTENANCE SERVICES117621CONSERVE LANDCARE 101-3005-60112 200.00Administrative Citation Services11/2017- CITATION PROCESSING117622DATA TICKET, INC.101-6004-60111 314.47Administrative Citation Services12/2017- CITATION PROCESSING117622DATA TICKET, INC.101-6004-60111 200.00Administrative Citation Services12/2017- CITATION PROCESSING117622DATA TICKET, INC.101-6004-60111 2,098.66Fritz Burns Pool11/06/17- FB POOL PROGRAM PAYMENT117624FAMILY YMCA OF THE DESERT 101-3005-60184 40.77Materials/Supplies10/02/17- FB PARK RESTROOM MATERIALS117625FERGUSON ENTERPRISES, INC 101-3005-60431 49.23Materials/Supplies01/25/18- 2 GAL.THERMAL EXP TANK117625FERGUSON ENTERPRISES, INC 101-3008-60431 7.65Uniforms01/11/18- BALLISTIC BELT117627GALLS LLC 101-6004-60690 164.86Uniforms01/12/18- CODE UNIFORMS117627GALLS LLC 101-6004-60690 129.76Uniforms01/16/18- UNIFORM - CODE117627GALLS LLC 101-6004-60690 102.57Professional Services02/2018- ARMORED SERVICES117628GARDAWORLD 101-1006-60103 3,000.00Advertising01/30/18- RESTAURANT WEEK SPONSORS…117630GREATER PALM SPRINGS CVB 101-3007-60450 4,562.50ConsultantsPROPERTY TAX MGMT, AUDITING, & INFO…117631HDL COREN & CONE 101-1006-60104 4,287.50ConsultantsCONSULTING SVCS FOR FACILITIES DEPT A…117633HENSON CONSULTING GROUP 101-3005-60104 5,950.00Professional ServicesCONSULTING SVCS FOR EMP LDRSHP & T…117633HENSON CONSULTING GROUP 101-1004-60103 400.00Lot Cleaning01/26/18- LOT CLEANING 774-132001117634HERNANDEZ, ADAN 101-6004-60120 1,038.91Community Experiences12/20/17- PLASTIC EGGS FOR EGG HUNT117635HOLIDAYGOO 101-3003-60149 1,576.88Tools/Equipment01/18/18- PRESSURE WASHER117637HUB CONSTRUCTION SPECIALT…101-3005-60432 23.00Wellness Center Leisure Enric…01/31/18- REFUND CHECK117638LAWRENCE, STEVE 101-0000-42214 240.00Travel & Training01/08/18- LEAGUE DIVISION DINNER117639LEAGUE OF CALIFORNIA CITIES 101-1001-60320 3.88Materials/Supplies01/29/18- CHRYSLEY KEYS117640LOCK SHOP INC, THE 101-3008-60431 148.16Materials/Supplies01/31/18- CITY HALL KEYS117640LOCK SHOP INC, THE 101-3008-60431 46.39Landscape Improvements12/26/17-01/24/18- CC CAMPUS SOD117641LOWE'S HOME IMPROVEMENT…101-3005-60113 28.89Tools/Equipment12/26/17-01/24/18- TRAILER HITCH117641LOWE'S HOME IMPROVEMENT…101-3005-60432 581.02Tools/Equipment12/26/17-01/24/18- CARRY UTILITY TRAIL…117641LOWE'S HOME IMPROVEMENT…101-3005-60432 68.11Operating Supplies12/26/17-01/24/18- BANNER STORAGE117641LOWE'S HOME IMPROVEMENT…101-3007-60420 31.49Materials/Supplies12/26/17-01/24/18- WC MATERIALS117641LOWE'S HOME IMPROVEMENT…101-3008-60431 9.98Materials/Supplies12/26/17-01/24/18- MATERIALS117641LOWE'S HOME IMPROVEMENT…101-3008-60431 55.05Materials/Supplies12/26/17-01/24/18- CITY HALL MATERIALS117641LOWE'S HOME IMPROVEMENT…101-3008-60431 15.46Materials/Supplies12/26/17-01/24/18- CITY HALL SUPPLIES117641LOWE'S HOME IMPROVEMENT…101-3008-60431 18.54Materials/Supplies12/26/17-01/24/18- GORILLA GLUE117641LOWE'S HOME IMPROVEMENT…101-3008-60431 15.50Tools/Equipment12/26/17-01/24/18- CITY HALL TOOLS117641LOWE'S HOME IMPROVEMENT…101-3008-60432 96.68Tools/Equipment12/26/17-01/24/18- JIGSAW117641LOWE'S HOME IMPROVEMENT…101-3008-60432 10.32Operating Supplies12/26/17-01/24/18- BLADES117641LOWE'S HOME IMPROVEMENT…101-7003-60420 20.62Operating Supplies12/26/17-01/24/18- 200 CT RAGS117641LOWE'S HOME IMPROVEMENT…101-7003-60420 11.35Operating Supplies12/26/17-01/24/18- MATERIALS117641LOWE'S HOME IMPROVEMENT…101-7003-60420 408.43Tools/Equipment12/26/17-01/24/18- 20V COMPACT DRILL117641LOWE'S HOME IMPROVEMENT…101-7003-60432 74.97Tools/Equipment01/18/18- CHAINSAW LOOPS117645MOWERS PLUS INC 101-7003-60432 420.00Lot Cleaning01/29/18- LOT CLEANING 773-182-010117646MOYA, DANIEL 101-6004-60120 280.78Special Enforcement Funds01/09/18- TICKET WRITER PAPER117647MSA SYSTEMS INC 101-2001-60175 650.00Membership Dues02/06/18- NRPA MEMBERSHIP117648NATIONAL RECREATION & PA…101-3005-60351 430.00Special Enforcement Funds09/25/17- POP AWARD LUNCHEON EXTRA…117650PALM DESERT AREA CHAMBER…101-2001-60175 86 Demand Register Packet: APPKT01488 - DA 02/09/2018 2/8/2018 3:31:29 PM Page 2 of 7 AmountVendor Name Payment Number Description (Item)Account Name Account Number 420.41Community Experiences01/23/18- DESERT OLYMPICS T-SHIRTS117651PALMS TO PINES PRINTING A…101-3003-60149 35.32Credit Card Fees01/2018- WC CREDIT CARD FEES117653PLUG & PAY TECHNOLOGIES I…101-3003-60122 16.31Office Supplies01/16/18- NAME PLATE - CODE117654POWERS AWARDS INC 101-6004-60400 1,160.00Map/Plan CheckingON-CALL MAP CHECKING SERVICES117656RASA/ERIC NELSON 101-7002-60183 290.00Map/Plan CheckingON-CALL MAP CHECKING SERVICES117656RASA/ERIC NELSON 101-7002-60183 290.00Map/Plan CheckingON-CALL MAP CHECKING SERVICES117656RASA/ERIC NELSON 101-7002-60183 200.00Garnishments PayableGARNISHMENT117657RIVERSIDE DEPARTMENT OF C…101-0000-20985 295.00LQ Park Water Feature02/2018- LQ PARK WF SERVICE117658SHARK POOLS INC 101-3005-60554 488.75Fritz Burns Pool02/2018- FB POOL SERVICE117658SHARK POOLS INC 101-3005-60184 407.50Fritz Burns Pool01/05/18- FB POOL PULSAR TABS117658SHARK POOLS INC 101-3005-60184 497.00Sales Taxes Payable12/2016- 4TH QUARTER SALES TAX117659SILVERROCK RESORT 101-0000-20304 170.70Operating Supplies01/26/18- DRINKING WATER117660SPARKLETTS 101-7003-60420 21.57Citywide Conf Room Supplies01/26/18- DRINKING WATER117660SPARKLETTS 101-1007-60403 1,500.00Veterinary Service02/03/18- ANIMAL SERVICES CLINIC117661SPAY NEUTER IMPERATIVE PR…101-6004-60194 24.35Office Supplies01/17/18- OFFICE SUPPLIES - CODE117662STAPLES ADVANTAGE 101-6004-60400 177.72Office Supplies01/17/18- OFFICE SUPPLIES - CODE117662STAPLES ADVANTAGE 101-6004-60400 114.17Citywide Conf Room Supplies01/25/18- CITYWIDE MEETING SUPPLIES117662STAPLES ADVANTAGE 101-1007-60403 119.97Office Supplies01/23/18- 18/19 PROPSED BUDGET BIND…117662STAPLES ADVANTAGE 101-1006-60400 81.53Printing01/29/18- EXTRA W-2/1099 FORMS117662STAPLES ADVANTAGE 101-1006-60410 30.43Office Supplies01/30/18- OFFICE SUPPLIES117662STAPLES ADVANTAGE 101-1004-60400 78.40Office Supplies01/31/18- OFFICE SUPPLIES117662STAPLES ADVANTAGE 101-6001-60400 84.53Office Supplies01/31/18- OFFICE SUPPLIES117662STAPLES ADVANTAGE 101-6001-60400 1,480.00Due to SunLine01/2018- SUN BUS PASSES117663SUNLINE TRANSIT AGENCY 101-0000-20305 671.25Developer DepositsDEVELOPER DEPOSIT117664TERRA NOVA PLANNING & RE…101-0000-22810 6,002.49Professional ServicesON-CALL PLANNING SERVICES117664TERRA NOVA PLANNING & RE…101-6002-60103 6,466.25Marketing & Tourism Promoti…ADVERTISING CONTRACT117665THE CHAMBER 101-3007-60461 73.15Materials/Supplies01/31/18- CC CAMPUS BRIDGES PAINT117666THE SHERWIN-WILLIAMS CO.101-3005-60431 61.00Pest Control01/24/18- LQ PARK PEST CONTROL117674TRULY NOLEN INC 101-3008-60116 68.00Pest Control01/12/18- WC PEST CONTROL117674TRULY NOLEN INC 101-3008-60116 76.00Pest Control01/24/18- CITY HALL PEST CONTROL117674TRULY NOLEN INC 101-3008-60116 57.00United Way DeductionsCONTRIBUTION117675UNITED WAY OF THE DESERT 101-0000-20981 343.00Consultants01/2018- EAP SERVICE117678WELLNESS WORKS 101-1004-60104 -16.26Sales Taxes Payable01/2018- TOAST TO LQ WRISTBANDS TAX117679WELLS FARGO BUSINESS CARD 101-0000-20304 -5.10Sales Taxes Payable01/2018- CASE GREEN OUT COATING TAX117679WELLS FARGO BUSINESS CARD 101-0000-20304 -5.32Sales Taxes Payable01/2018- MISSION LQ ROCKET LAUNCH S…117679WELLS FARGO BUSINESS CARD 101-0000-20304 -47.25Sales Taxes Payable01/2018- RECYCLE BINS FOR EVENTS TAX117679WELLS FARGO BUSINESS CARD 101-0000-20304 -6.56Sales Taxes Payable01/2018- CC PARK CHEST PIECES TAX117679WELLS FARGO BUSINESS CARD 101-0000-20304 30.90Travel & Training01/2018- PASSION & PURPOSE SUPPLIES117679WELLS FARGO BUSINESS CARD 101-1004-60320 173.02Travel & Training01/2018- ELGL REGISTRATION117679WELLS FARGO BUSINESS CARD 101-1004-60320 173.02Travel & Training01/2018- ELGL REGISTRATION117679WELLS FARGO BUSINESS CARD 101-1004-60320 86.51Travel & Training01/2018- ELGL REGISTRATION117679WELLS FARGO BUSINESS CARD 101-1004-60320 86.51Travel & Training01/2018- ELGL REGISTRATION117679WELLS FARGO BUSINESS CARD 101-1004-60320 203.50Travel & Training01/2018- PASSION PURPOSE SUPPLIES117679WELLS FARGO BUSINESS CARD 101-1004-60320 1,297.65Travel & Training01/2018- ELGL EMPLOYEE REGISTRATION117679WELLS FARGO BUSINESS CARD 101-1004-60320 39.00Administration01/2018- FEES117679WELLS FARGO BUSINESS CARD 101-1006-60102 -370.00Travel & Training01/2018- CSMFO REFUND - HALLICK117679WELLS FARGO BUSINESS CARD 101-1006-60320 199.00Travel & Training01/2018- EXEL SEMINAR - DELGADO117679WELLS FARGO BUSINESS CARD 101-1006-60320 -100.00Travel & Training01/2018- EXCEL TRAINING - DELGADO RE…117679WELLS FARGO BUSINESS CARD 101-1006-60320 16.82Small Tools & Equipment01/2018- FS#93 AIR COMPRESSOR FREIGHT117679WELLS FARGO BUSINESS CARD 101-2002-60545 2,573.47Fire Station01/2018- FS#93 & FS#32 SOUNDBAR + TV117679WELLS FARGO BUSINESS CARD 101-2002-60670 134.80Repair & Maintenance - EOC01/2018- EOC CELLPHONE CABINETS117679WELLS FARGO BUSINESS CARD 101-2002-60671 475.00Travel & Training01/2018- CPRS CONFERENCE117679WELLS FARGO BUSINESS CARD 101-3001-60320 500.00Travel & Training01/2018- CITY ELGL REGISTRATION117679WELLS FARGO BUSINESS CARD 101-3001-60320 364.62Travel & Training01/2018- ELGL LINENS SERVICE117679WELLS FARGO BUSINESS CARD 101-3001-60320 8.80Community Experiences01/2018- TRAINING SUPPLIES117679WELLS FARGO BUSINESS CARD 101-3003-60149 24.04Community Experiences01/2018- TOAST OF LQ SUPPLIES117679WELLS FARGO BUSINESS CARD 101-3003-60149 81.56Community Experiences01/2018- CC PARK CHEST PIECES117679WELLS FARGO BUSINESS CARD 101-3003-60149 98.82Community Experiences01/2018- TOAST OF LQ SUPPLIES117679WELLS FARGO BUSINESS CARD 101-3003-60149 71.98Community Experiences01/2018- MISSION LQ ROCKET LAUNCH S…117679WELLS FARGO BUSINESS CARD 101-3003-60149 397.93Community Experiences01/2018- MISSION LQ ROCKET LAUNCH S…117679WELLS FARGO BUSINESS CARD 101-3003-60149 87 Demand Register Packet: APPKT01488 - DA 02/09/2018 2/8/2018 3:31:29 PM Page 3 of 7 AmountVendor Name Payment Number Description (Item)Account Name Account Number 202.13Community Experiences01/2018- TOAST TO LQ WRISTBANDS117679WELLS FARGO BUSINESS CARD 101-3003-60149 16.99Community Experiences01/2018- TOAST TO LQ SUPPLIES117679WELLS FARGO BUSINESS CARD 101-3003-60149 62.00Membership Dues01/2018- MEMBERSHIP DUES - O'BRIEN117679WELLS FARGO BUSINESS CARD 101-3003-60351 717.73Materials/Supplies01/2018- 2 WATER COOLERS117679WELLS FARGO BUSINESS CARD 101-3008-60431 608.99Materials/Supplies01/2018- DRY ERASE BOARD117679WELLS FARGO BUSINESS CARD 101-3008-60431 225.00Travel & Training01/2018- CEQA TRAINING117679WELLS FARGO BUSINESS CARD 101-6002-60320 614.65Travel & Training01/2018- COMMUNITY WORKSHOP LUNC…117681WELLS FARGO BUSINESS CARD 101-1001-60320 48.09Travel & Training01/2018- COMMUNITY WORKSHOP117681WELLS FARGO BUSINESS CARD 101-1001-60320 25.18Operating Supplies01/2018- COMMUNITY WORKSHOP SUPPL…117681WELLS FARGO BUSINESS CARD 101-1001-60420 Fund 101 - GENERAL FUND Total:106,818.52 Fund: 201 - GAS TAX FUND 229.19Traffic Control Signs01/24/18- SIGN POST TELESPAR117672TOPS'N BARRICADES INC 201-7003-60429 479.04Traffic Control Signs01/24/18- SIGN POST TELESPAR117672TOPS'N BARRICADES INC 201-7003-60429 48.83Traffic Control Signs01/26/18- TRUCK ROUTE SIGN117672TOPS'N BARRICADES INC 201-7003-60429 394.00Traffic Control Signs01/26/18- 36" YIELD SIGN117672TOPS'N BARRICADES INC 201-7003-60429 Fund 201 - GAS TAX FUND Total:1,151.06 Fund: 202 - LIBRARY & MUSEUM FUND 3,086.00Landscape ContractPARK LANDSCAPE MAINTENANCE SERVICES117621CONSERVE LANDCARE 202-3004-60112 2,169.00Landscape ContractPARK LANDSCAPE MAINTENANCE SERVICES117621CONSERVE LANDCARE 202-3006-60112 3,150.00Museum OperationsARCHIVING SERVICES FOR LQ HISTORICAL …117652PARKOS-MARTINEZ, SHERRY A 202-3006-60105 49.00Pest Control01/24/18- MUSEUM PEST CONTROL117674TRULY NOLEN INC 202-3006-60116 4,751.29Landscape Improvements01/2018- PALM TREES117679WELLS FARGO BUSINESS CARD 202-3004-60113 44.23Operating Supplies01/2018- GOBOSOURCE METAL LIGHT117679WELLS FARGO BUSINESS CARD 202-3004-60420 87.83Operating Supplies01/2018- GOBOSOURCE METAL LIGHT FIL…117679WELLS FARGO BUSINESS CARD 202-3004-60420 142.59Operating Supplies01/2018- TRAINING BOOKS117679WELLS FARGO BUSINESS CARD 202-3004-60420 Fund 202 - LIBRARY & MUSEUM FUND Total:13,479.94 Fund: 215 - LIGHTING & LANDSCAPING FUND 146.16Materials/Supplies02/02/18- ELECTRICAL MATERIALS117605BAHNSON'S MACHINE SHOP 215-7004-60431 3,815.00Landscape ContractPARK LANDSCAPE MAINTENANCE SERVICES117621CONSERVE LANDCARE 215-7004-60112 6,387.50ConsultantsCONSULTING SVCS FOR FACILITIES DEPT A…117633HENSON CONSULTING GROUP 215-7004-60104 6,100.00ConsultantsCITYWIDE LANDSCAPE LIGHTING MAINTE…117636HORIZON LIGHTING 215-7004-60104 196.02Operating Supplies01/16/18- PLANT REPLACEMENTS117677VINTAGE ASSOCIATES 215-7004-60420 63.42Materials/Supplies01/2018- CASE GREEN OUT COATING117679WELLS FARGO BUSINESS CARD 215-7004-60431 Fund 215 - LIGHTING & LANDSCAPING FUND Total:16,708.10 Fund: 217 - DEVELOPMENT AGREEMENT 188.15Land AcquisitionCONSTUCTION SURVEYING LOT LINE ADJ117649NV5 217-0000-74010 Fund 217 - DEVELOPMENT AGREEMENT Total:188.15 Fund: 221 - AB 939 - CALRECYCLE FUND 638.60AB 939 Recycling Solutions01/2018- RECYCLE BINS FOR EVENTS117679WELLS FARGO BUSINESS CARD 221-0000-60127 Fund 221 - AB 939 - CALRECYCLE FUND Total:638.60 Fund: 224 - TUMF FUND 16,536.96TUMF Payable to CVAG01/2018- TUMF FEE117617COACHELLA VALLEY ASSOC OF…224-0000-20320 Fund 224 - TUMF FUND Total:16,536.96 Fund: 241 - HOUSING AUTHORITY 4,912.50Professional ServicesHOUSING COMPLIANCE & MONITORING S…117613CAHA, BECKY 241-9101-60103 80.00Travel & Training01/2018- HOUSING CONF - FERREIRA117681WELLS FARGO BUSINESS CARD 241-9101-60320 Fund 241 - HOUSING AUTHORITY Total:4,992.50 Fund: 243 - RDA Low-Mod Housing Fund 26,500.00Homelessness AssistanceHOMELESS FUNDING MOU117619COACHELLA VALLEY RESCUE M…243-0000-60532 51,500.00Homelessness AssistanceHOMELESS FUNDING MOU117642MARTHA'S VILLAGE KITCHEN 243-0000-60532 Fund 243 - RDA Low-Mod Housing Fund Total:78,000.00 Fund: 270 - ART IN PUBLIC PLACES FUND 2,325.00APP Maintenance02/05/18- LQ MONUMENT DEPOSIT117608BLOWNAWAY BY WILLIAM 270-0000-60683 2,325.00APP Maintenance02/05/18- LQ MONUMENT RENOVATION F…117608BLOWNAWAY BY WILLIAM 270-0000-60683 Fund 270 - ART IN PUBLIC PLACES FUND Total:4,650.00 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS 90.81Construction01/31/18- STEALTH BATTERY BOX117623DESERT BATTERY CO INC 401-0000-60188 88 Demand Register Packet: APPKT01488 - DA 02/09/2018 2/8/2018 3:31:29 PM Page 4 of 7 AmountVendor Name Payment Number Description (Item)Account Name Account Number 2,200.00Construction2015-02 MILES AVENUE MEDIAN ISLAND …117629GRANITE CONSTRUCTION CO…401-0000-60188 2,200.00Construction2015-02 MILES AVENUE MEDIAN ISLAND …117629GRANITE CONSTRUCTION CO…401-0000-60188 14,162.92DesignSRR PHASE II INFRASTRUCTURE PRJ 20141…117643MICHAEL BAKER INTERNATIO…401-0000-60185 -5,945.02Retention PayablePO#17-18 97 RETENTION 2016-03B117676URBAN HABITAT ENVIRONME…401-0000-20600 118,900.44ConstructionNORTH LA QUINTA TURF CONVERSION - A…117676URBAN HABITAT ENVIRONME…401-0000-60188 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:131,609.15 Fund: 501 - FACILITY & FLEET REPLACEMENT 1,134.00Parts & Maintenance Supplies02/01/18- RADIO SERVICE - CODE117604ANDERSON COMMUNICATION…501-0000-60675 730.54Motorcycle Repair & Mainten…01/04/18- MOTO 3003069 24K SERVICE117609BMW MOTORCYCLES OF RIVE…501-0000-60679 155.31Vehicle Repair & Maintenance01/24/18- LQ COMMUNITY TRAILER MAINT117644MOUNTAIN VIEW TIRE 501-0000-60676 408.00Car Washes02/03/18- VEHICLE CAR WASHES117655RAN AUTO DETAIL 501-0000-60148 1,398.85Fuel & Oil01/01-01/15/18- UNLEAD/DIESEL FUEL117673TOWER ENERGY GROUP 501-0000-60674 906.78Machinery & Equipment01/2018- TRAFFIC UTILITY TRUCK MAINT117679WELLS FARGO BUSINESS CARD 501-0000-80100 Fund 501 - FACILITY & FLEET REPLACEMENT Total:4,733.48 Fund: 502 - INFORMATION TECHNOLOGY 2,602.78Copiers01/20-02/19/18- COPIER CONTRACT117615CANON FINANCIAL SERVICES, …502-0000-60662 944.39Computers01/30/18- COMPUTER FOR CM TEMP117616CDW GOVERNMENT INC 502-0000-80103 333.07Computers02/01/18- STORAGE FOR APPLE SYSTEMS117616CDW GOVERNMENT INC 502-0000-80103 786.24Computers02/02/18- STORAGE FOR GIS FILES117616CDW GOVERNMENT INC 502-0000-80103 81.98Technical01/25-02/24/18- CITY HALL INTERNET117626FRONTIER-INTERNET 502-0000-60108 20.00Credit Card Fee01/2018- HUB CREDIT CARD FEES117653PLUG & PAY TECHNOLOGIES I…502-0000-60122 238.98Utilities - Cable01/24-02/23/18- CABLE SERVICE117667TIME WARNER CABLE 502-0000-61400 262.67Cell/Mobile Phones11/21-12/20/17- PHONE SERVICE117668T-MOBILE 502-0000-61301 873.73Cell/Mobile Phones12/21/17-01/20/18- CELLPHONES117669T-MOBILE 502-0000-61301 159.59Cell/Mobile Phones12/21/17-01/20/18- CELLPHONES117670T-MOBILE 502-0000-61301 547.25Cell/Mobile Phones12/21/17-01/20/18- DATA FOR IPADS/HO…117671T-MOBILE 502-0000-61301 180.00Software Licenses12/2017- G SUITE117679WELLS FARGO BUSINESS CARD 502-0000-60301 48.00Software Licenses01/2018- CISCO SOFTWARE LICENSE117679WELLS FARGO BUSINESS CARD 502-0000-60301 50.00Software Licenses01/2018- BASECAMP 2117681WELLS FARGO BUSINESS CARD 502-0000-60301 Fund 502 - INFORMATION TECHNOLOGY Total:7,128.68 Fund: 503 - PARK EQUIP & FACILITY FUND 13,631.36ParksCAMPUS CONCRETE PRJ NO 2018-11117606BAJA CONCRETE 503-0000-71060 Fund 503 - PARK EQUIP & FACILITY FUND Total:13,631.36 Fund: 601 - SILVERROCK RESORT 603.50Bank Fees02/2018- SRR ARMORED SERVICES117628GARDAWORLD 601-0000-60455 153.92Repair & Maintenance01/25/18- SILVERROCK DOOR ROLLER INS…117632HENRY'S GLASS COMPANY 601-0000-60660 Fund 601 - SILVERROCK RESORT Total:757.42 Grand Total:401,023.92 89 Demand Register Packet: APPKT01488 - DA 02/09/2018 2/8/2018 3:31:29 PM Page 5 of 7 Fund Summary Fund Expense Amount 101 - GENERAL FUND 106,818.52 201 - GAS TAX FUND 1,151.06 202 - LIBRARY & MUSEUM FUND 13,479.94 215 - LIGHTING & LANDSCAPING FUND 16,708.10 217 - DEVELOPMENT AGREEMENT 188.15 221 - AB 939 - CALRECYCLE FUND 638.60 224 - TUMF FUND 16,536.96 241 - HOUSING AUTHORITY 4,992.50 243 - RDA Low-Mod Housing Fund 78,000.00 270 - ART IN PUBLIC PLACES FUND 4,650.00 401 - CAPITAL IMPROVEMENT PROGRAMS 131,609.15 501 - FACILITY & FLEET REPLACEMENT 4,733.48 502 - INFORMATION TECHNOLOGY 7,128.68 503 - PARK EQUIP & FACILITY FUND 13,631.36 601 - SILVERROCK RESORT 757.42 Grand Total:401,023.92 Account Summary Account Number Account Name Expense Amount 101-0000-20304 Sales Taxes Payable 389.98 101-0000-20305 Due to SunLine 1,480.00 101-0000-20310 MSHCP Mitigation Fee 4,353.00 101-0000-20949 LT Care Insurance Pay 196.05 101-0000-20981 United Way Deductions 57.00 101-0000-20985 Garnishments Payable 200.00 101-0000-22810 Developer Deposits 671.25 101-0000-42214 Wellness Center Leisure E…23.00 101-0000-43631 CVMSHCP Admin Fee -43.53 101-1001-60320 Travel & Training 902.74 101-1001-60420 Operating Supplies 25.18 101-1004-60103 Professional Services 5,950.00 101-1004-60104 Consultants 343.00 101-1004-60320 Travel & Training 2,051.11 101-1004-60400 Office Supplies 30.43 101-1006-60102 Administration 39.00 101-1006-60103 Professional Services 102.57 101-1006-60104 Consultants 4,562.50 101-1006-60320 Travel & Training -271.00 101-1006-60400 Office Supplies 119.97 101-1006-60410 Printing 81.53 101-1007-60403 Citywide Conf Room Suppl…135.74 101-2001-60174 Blood/Alcohol Testing 78.00 101-2001-60175 Special Enforcement Funds 1,194.72 101-2002-60545 Small Tools & Equipment 16.82 101-2002-60670 Fire Station 2,573.47 101-2002-60671 Repair & Maintenance - E…134.80 101-3001-60135 Boys & Girls Club 9,690.00 101-3001-60320 Travel & Training 1,339.62 101-3001-60510 Grants & Economic Devel…500.00 101-3002-60420 Operating Supplies 412.49 101-3003-60122 Credit Card Fees 35.32 101-3003-60149 Community Experiences 2,361.57 101-3003-60351 Membership Dues 62.00 101-3005-60104 Consultants 4,287.50 101-3005-60112 Landscape Contract 31,807.00 101-3005-60113 Landscape Improvements 46.39 101-3005-60117 Civic Center Lake Mainten…695.00 101-3005-60184 Fritz Burns Pool 2,994.91 101-3005-60351 Membership Dues 650.00 90 Demand Register Packet: APPKT01488 - DA 02/09/2018 2/8/2018 3:31:29 PM Page 6 of 7 Account Summary Account Number Account Name Expense Amount 101-3005-60431 Materials/Supplies 113.92 101-3005-60432 Tools/Equipment 2,186.79 101-3005-60554 LQ Park Water Feature 295.00 101-3007-60420 Operating Supplies 68.11 101-3007-60450 Advertising 3,000.00 101-3007-60461 Marketing & Tourism Pro…6,466.25 101-3008-60116 Pest Control 205.00 101-3008-60431 Materials/Supplies 1,658.51 101-3008-60432 Tools/Equipment 112.18 101-6001-60400 Office Supplies 162.93 101-6002-60103 Professional Services 6,002.49 101-6002-60320 Travel & Training 225.00 101-6004-60111 Administrative Citation Se…714.47 101-6004-60120 Lot Cleaning 820.00 101-6004-60194 Veterinary Service 1,500.00 101-6004-60400 Office Supplies 218.38 101-6004-60690 Uniforms 302.27 101-6006-60420 Operating Supplies 51.70 101-7002-60183 Map/Plan Checking 1,740.00 101-7003-60420 Operating Supplies 212.99 101-7003-60432 Tools/Equipment 483.40 201-7003-60429 Traffic Control Signs 1,151.06 202-3004-60112 Landscape Contract 3,086.00 202-3004-60113 Landscape Improvements 4,751.29 202-3004-60420 Operating Supplies 274.65 202-3006-60105 Museum Operations 3,150.00 202-3006-60112 Landscape Contract 2,169.00 202-3006-60116 Pest Control 49.00 215-7004-60104 Consultants 12,487.50 215-7004-60112 Landscape Contract 3,815.00 215-7004-60420 Operating Supplies 196.02 215-7004-60431 Materials/Supplies 209.58 217-0000-74010 Land Acquisition 188.15 221-0000-60127 AB 939 Recycling Solutions 638.60 224-0000-20320 TUMF Payable to CVAG 16,536.96 241-9101-60103 Professional Services 4,912.50 241-9101-60320 Travel & Training 80.00 243-0000-60532 Homelessness Assistance 78,000.00 270-0000-60683 APP Maintenance 4,650.00 401-0000-20600 Retention Payable -5,945.02 401-0000-60185 Design 14,162.92 401-0000-60188 Construction 123,391.25 501-0000-60148 Car Washes 408.00 501-0000-60674 Fuel & Oil 1,398.85 501-0000-60675 Parts & Maintenance Supp…1,134.00 501-0000-60676 Vehicle Repair & Mainte…155.31 501-0000-60679 Motorcycle Repair & Main…730.54 501-0000-80100 Machinery & Equipment 906.78 502-0000-60108 Technical 81.98 502-0000-60122 Credit Card Fee 20.00 502-0000-60301 Software Licenses 278.00 502-0000-60662 Copiers 2,602.78 502-0000-61301 Cell/Mobile Phones 1,843.24 502-0000-61400 Utilities - Cable 238.98 502-0000-80103 Computers 2,063.70 503-0000-71060 Parks 13,631.36 601-0000-60455 Bank Fees 603.50 91 Demand Register Packet: APPKT01488 - DA 02/09/2018 2/8/2018 3:31:29 PM Page 7 of 7 Account Summary Account Number Account Name Expense Amount 601-0000-60660 Repair & Maintenance 153.92 Grand Total:401,023.92 Project Account Summary Project Account Key Expense Amount **None**268,743.52 141517D 14,162.92 151602CT 4,400.00 1718TMICT 90.81 18-002E 671.25 201603CT 118,900.44 201603RP -5,945.02 Grand Total:401,023.92 92 2/1/2018 6:38:39 PM Page 1 of 2 Payment Reversal Register City of La Quinta, CA APPKT01477 - DA 02/01/2018 Canceled Payables Vendor Set:01 - Vendor Set 01 Bank:APBNK - APBNK 04249 Vendor Number SILVERROCK RESORT Total Vendor Amount -497.00 Vendor Name Check 113885 02/01/2018 -497.0002/03/2017 02/01/2018 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number:Description Payable AmountDue DatePayable Date DEC'16 02/03/201712/2016- 4TH QUARTER SALES TAX 497.0001/31/2017 08731 Vendor Number COACHELLA VALLEY SYMPHONY Total Vendor Amount -500.00 Vendor Name Check 115278 02/01/2018 -500.0006/16/2017 02/01/2018 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number:Description Payable AmountDue DatePayable Date 061417 06/16/201706/06/17- COMMUNITY SERVICES GRANT 500.0006/14/2017 93 Payment Reversal Register Packet: APPKT01477 - DA 02/01/2018 2/1/2018 6:38:39 PM Page 2 of 2 Bank Code Summary Canceled Payables Payables Left To Pay AgainBank Code Total APBNK -997.00 0.00 -997.00 -997.00 0.00Report Total:-997.00 94 2/1/2018 6:40:38 PM Page 1 of 3 Payment Reversal Register City of La Quinta, CA APPKT01463 - DA 01/25/2018 Canceled Payables Vendor Set:01 - Vendor Set 01 Bank:APBNK - APBNK 07173 Vendor Number GLACIER WATER SERVICES Total Vendor Amount -12.00 Vendor Name Check 107538 01/25/2018 -12.0007/02/2015 01/25/2018 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number:Description Payable AmountDue DatePayable Date BL#26 R-R 06/30/2015REPLACEMENT FOR CK#100665 12.0006/30/2015 07746 Vendor Number TRUE, ARTHUR ALLEN Total Vendor Amount -301.00 Vendor Name Check 113753 01/25/2018 -301.0001/20/2017 01/25/2018 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number:Description Payable AmountDue DatePayable Date 011317-R 01/20/201701/13/17- SUNSET YOGA 301.0001/13/2017 07944 Vendor Number VARGAS, RAFAEL Total Vendor Amount -4.50 Vendor Name Check 107892 01/25/2018 -4.5007/31/2015 01/25/2018 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number:Description Payable AmountDue DatePayable Date R7905-R 07/31/2015REFUND OVERPAYMENT 4.5007/22/2015 07978 Vendor Number ACE CARPET CLEANING Total Vendor Amount -7.20 Vendor Name Check 108275 01/25/2018 -7.2009/11/2015 01/25/2018 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number:Description Payable AmountDue DatePayable Date R8872-R 09/11/2015REFUND OVERPAYMENT 7.2009/01/2015 07998 Vendor Number HANDWROUGHT COPPER JEWELRY Total Vendor Amount -3.00 Vendor Name Check 108523 01/25/2018 -3.0010/02/2015 01/25/2018 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number:Description Payable AmountDue DatePayable Date R9426-R 10/02/2015REFUND OVERPAYMENT 3.0009/23/2015 08175 Vendor Number PASUHUK, JOCEANY Total Vendor Amount -10.00 Vendor Name Check 110166 01/25/2018 -10.0002/19/2016 01/25/2018 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number:Description Payable AmountDue DatePayable Date R12697-R 02/19/2016REFUND OVERPAYMENT 10.0002/08/2016 08215 Vendor Number SIMPSON, BARBARA Total Vendor Amount -5.00 Vendor Name Check 110634 01/25/2018 -5.0004/01/2016 01/25/2018 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number:Description Payable AmountDue DatePayable Date 83942-R 04/01/2016REFUND 5.0003/14/2016 95 Payment Reversal Register Packet: APPKT01463 - DA 01/25/2018 2/1/2018 6:40:38 PM Page 2 of 3 08217 Vendor Number CHARISMATIC BAKERY Total Vendor Amount -3.00 Vendor Name Check 110591 01/25/2018 -3.0004/01/2016 01/25/2018 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number:Description Payable AmountDue DatePayable Date R13451-R 04/01/2016REFUND OVERPAYMENT 3.0003/02/2016 08328 Vendor Number LUDWIG ENGINEERING ASSOCIATES Total Vendor Amount -5.00 Vendor Name Check 111542 01/25/2018 -5.0006/24/2016 01/25/2018 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number:Description Payable AmountDue DatePayable Date R16174-R 06/24/201606/10/16- REFUND OVERPAYMENT 5.0006/10/2016 08487 Vendor Number COUNTRY CLUB PROPERTIES Total Vendor Amount -3.60 Vendor Name Check 112922 01/25/2018 -3.6011/04/2016 01/25/2018 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number:Description Payable AmountDue DatePayable Date R19535-R 11/04/201610/27/16- REFUND TOT OVERPAYMENT 3.6010/27/2016 96 Payment Reversal Register Packet: APPKT01463 - DA 01/25/2018 2/1/2018 6:40:38 PM Page 3 of 3 Bank Code Summary Canceled Payables Payables Left To Pay AgainBank Code Total APBNK -354.30 0.00 -354.30 -354.30 0.00Report Total:-354.30 97 City of La Quinta Bank Transactions 1/26/18 – 2/09/18 Wire Transactions Listed below are the wire transfers from 1/26/18 – 2/09/18 Wire Transfers: 01/25/2018 - WIRE TRANSFER - ICMA 714.55$ 01/25/2018 - WIRE TRANSFER - PERS 36,066.72$ 01/26/2018 - WIRE TRANSFER - ICMA 5,409.55$ 01/26/2018 - WIRE TRANSFER - LQCEA 477.00$ 01/29/2018 - WIRE TRANSFER - PERS 340.56$ 01/30/2018 - WIRE TRANSFER - TASC 1,224.96$ 02/05/2018 - WIRE TRANSFER - LANDMARK 193,405.32$ 02/07/2018 - WIRE TRANSFER - PERS HEALTH 101,401.16$ -$ TOTAL WIRE TRANSFERS OUT 339,039.82$ Attachment 2 98 City of La Quinta CITY COUNCIL MEETING: February 20, 2018 STAFF REPORT AGENDA TITLE: RECEIVE AND FILE SECOND QUARTER 2017/18 TREASURY REPORTS FOR OCTOBER, NOVEMBER, AND DECEMBER 2017 RECOMMENDATION Receive and file the second quarter fiscal year 2017/18 Treasury Reports for October, November, and December 2017. BACKGROUND/ANALYSIS The second quarter 2017/18 Treasury/Investment Reports were reviewed and approved by the Financial Advisory Commission on February 12, 2018. Treasurer’s Commentary and Summary of Significant Activity The portfolio increased $2.03 million, from $123.06 million to $125.09 million. The increase reflects revenue, expenditure, and investment activities during the quarter. In October, $25.6 million was withdrawn from the fiscal agent account and placed into a newly opened Housing Local Agency Investment Fund (LAIF) account restricted for housing construction and rehabilitation per bond covenants. In December, $1.5 million in committed reserves set aside for Other Post-Employment Benefits (OPEB-retiree health) was transferred to the newly established CalPERs California Employers’ Retiree Benefit Trust (CERBT) pursuant to Council approval in August 2017. The money in the trust is for the sole purpose of providing funding for this liability. The City’s LAIF account balance was reduced by $1.8 million, which went towards the investments noted in the next paragraph. Throughout the quarter, two CDs matured and one was sold for a total of $728,480. This money was reinvested, along with an additional $5.2 million, and used to purchase 16 new investments (12 CDs, two agency bonds, one US treasury, and one corporate bond). These new investments are listed in the purchases table below and also in the attached reports. Market conditions in the second quarter of 2017/18 allowed for active trading to realize gains, increase yields, and spread maturities. The market continued to react to the changing political climate and economic news. Staff worked with the City’s broker to capitalize on market conditions. The fiscal year annual effective rate of return is 1.06% as of December. CONSENT CALENDAR ITEM NO. 8 99 Issuer Type Par Value Purchase Date Coupon Rate Maturity Alliance Credit Union CD $ 245,000 10/13/2017 2.250 10/13/2022 Barclays Bank CD $ 240,000 10/25/2017 2.300 10/25/2022 Toyota Motor Corp Corporate 500,000$ 11/07/2017 1.550 10/18/2019 Mountain America Bank & Trust CD 245,000$ 11/08/2017 2.300 11/08/2022 Federal Farm Credit Bank Agency 1,000,000$ 11/09/2017 1.700 09/01/2021 Federal Home Loan Bank Agency 1,000,000$ 11/09/2017 1.625 09/11/2020 Jefferson Bank and Trust CD 245,000$ 11/09/2017 1.750 05/12/2020 US Treasury Treasury 500,000$ 11/09/2017 1.250 11/15/2018 Morgan Stanley CD 245,000$ 11/16/2017 1.800 11/18/2019 Morgan Stanley Private Bank CD 245,000$ 11/16/2017 1.750 11/18/2019 Kansas State Bank CD 245,000$ 11/17/2017 2.100 05/17/2022 Cross First Bank CD 245,000$ 11/20/2017 2.200 11/18/2022 Belmont Savings CD 245,000$ 11/21/2017 2.100 11/22/2021 Enterprise Bank CD 245,000$ 11/28/2017 2.150 11/28/2022 Freedom Credit Union CD 245,000$ 12/22/2017 2.050 12/22/2020 Knoxville TVA Credit Union CD 245,000$ 12/29/2017 2.400 12/29/2022 Investments by Purchase Date Investment Type October November December Max Allowed Bank Accounts 4% 4% 2% 85% Local Agency Investment Fund (LAIF) Housing (new)21% 21% 20% (2) Local Agency Investment Fund (LAIF) City 37% 33% 35% (1) Federal Agency Coupons 12% 13% 13% 30% Treasury Coupons 13% 14% 14% 100% Certificates of Deposit (CD's)11% 12% 12% 30% Corporate Notes 2% 2% 2% 10% Money Markets with Fiscal Agent 0% 0% 0% (2) Managed Pool Accounts-OPEB Trust (new)0% 0% 1% (3) Total 100% 100% 100% (3) OPEB trust is a fiduciary account and not subject to City investment policy Percent of Portfolio Portfolio Allocations (1) LAIF is subject to maximum dollar amount of $50,000,000 per current policy (2) Money market with fiscal agent and LAIF Housing funds are governed by bond indentures and not subject to City investment policy Total Earnings Average Days to Maturity October 110,916.93$ 364 November 123,901.53$ 397 December 129,917.43$ 382 Quarter 364,735.89$ 381 100 Other Notes Money market funds with the fiscal agent are bond proceeds subject to bond indentures, not the City’s investment policy. Successor Agency (SA) funds cannot be invested long-term; therefore SA funds are only invested in LAIF. Looking Ahead The Treasurer follows a “buy and hold” investment policy, unless it is fiscally advantageous to actively trade outside of maturity dates. In the short term, the Treasurer will invest in negotiable certificates of deposits and LAIF as needed. Longer term investments may include Government Sponsored Enterprise securities, U.S. Treasuries, and Corporate Notes. All investments recognize both immediate and long- term cash flow needs. ALTERNATIVES - None Prepared by: Rosemary Hallick, Financial Services Analyst Approved by: Karla Campos, Finance Director/City Treasurer Attachment: 1. Treasurer’s Report for October 1, 2017 to December31, 2017 101 102 103ATTACHMENT 1 Days to Maturity Page 1 Par Value Book Value Maturity Date Stated RateMarket Value October 31, 2017 Portfolio Details - Investments Average BalanceIssuer Portfolio Management City of La Quinta YTM 365TermCUSIPInvestment # Purchase Date Bank Accounts 1City Petty Cash1059 1,700.00 1,700.0007/01/2016 1,700.00 1SYS1059 0.000 1First Empire Bank1060 10.85 10.8507/01/2016 10.85 1SYS1060 0.000 1La Quinta Palms Realty1062 133,595.57 133,595.5707/01/2016 133,595.57 1SYS1062 0.000 1Wells Fargo1057 3,046,653.14 3,046,653.1407/01/2016 3,046,653.14 14159282482 0.000 1Washington St Apt La Quinta1061 1,126,155.35 1,126,155.3507/01/2016 1,126,155.35 1SYS1061 0.000 4,308,114.91 14,308,114.914,308,114.914,904,783.46Subtotal and Average 1 0.000 Local Agency Invstmnt Fund-Housing 1Local Agency Inv Fund1113 25,595,000.00 25,595,000.00 1.14310/31/2017 25,595,000.00 125-33-005 1.143 25,595,000.00 125,595,000.0025,595,000.00825,645.16Subtotal and Average 1 1.143 Local Agency Investment Fund-City 1Local Agency Inv Fund1055 45,575,027.18 45,575,027.18 1.14345,509,010.42 198-33-434 1.143 45,575,027.18 145,509,010.4245,575,027.1845,521,058.04Subtotal and Average 1 1.143 Federal Agency Coupon Securities 618Federal Farm Credit Bank1092 1,000,000.00 992,600.00 07/12/20191.08007/10/2017 989,690.00 7323133EGLC7 1.456 1,274Federal Home Loan Bank1053 2,500,000.00 2,491,250.00 04/28/20211.35004/28/2016 2,436,625.00 1,8263130A7QZ1 1.423 1,090Federal Home Loan Bank1064 2,500,000.00 2,500,000.00 10/26/20201.37510/26/2016 2,451,575.00 1,4613130A9UQ2 1.375 1,274Federal Home Loan Mtg Corp1054 2,500,000.00 2,500,000.00 04/28/20211.25004/28/2016 2,481,975.00 1,8263134G8Y37 2.115 1,609Federal Home Loan Mtg Corp1073 2,000,000.00 1,990,000.00 03/29/20222.00003/29/2017 1,983,460.00 1,8263134GBAE2 2.106 1,519Federal Home Loan Mtg Corp1084 1,000,000.00 999,500.00 12/29/20212.00007/06/2017 992,910.00 1,6373134GBXF4 2.012 1,729Federal Home Loan Mtg Corp1090 1,000,000.00 1,000,000.00 07/27/20222.15007/27/2017 994,890.00 1,8263134GBWG3 2.150 817Federal National Mtg Assn1072 2,000,000.00 2,000,000.00 01/27/20201.70003/27/2017 1,991,720.00 1,0363135G0S53 1.700 14,473,350.00 1,56614,322,845.0014,500,000.0014,473,350.00Subtotal and Average 1,228 1.760 Treasury Coupon Securities 1,337U.S. Treasury1045 5,000,000.00 5,000,000.00 06/30/20211.12507/18/2016 4,872,450.00 1,808912828S27 1.125 348U.S. Treasury1063 2,500,000.00 2,502,250.00 10/15/20180.87510/24/2016 2,485,550.00 721912828L81 0.829 881U.S. Treasury1068 2,500,000.00 2,483,250.00 03/31/20201.37503/20/2017 2,482,525.00 1,107912828J84 1.602 774U.S. Treasury1069 2,500,000.00 2,490,750.00 12/15/20191.37503/20/2017 2,487,300.00 1,000912828U73 1.513 1,460U.S. Treasury1070 2,000,000.00 1,942,800.00 10/31/20211.25003/27/2017 1,950,400.00 1,679912828T67 1.903 150U.S. Treasury1071 2,000,000.00 1,998,125.00 03/31/20180.87503/27/2017 1,996,880.00 369912828Q45 0.968 16,417,175.00 1,22316,275,105.0016,500,000.0016,417,175.00Subtotal and Average 902 1.284 Portfolio CITY CP Run Date: 02/07/2018 - 09:08 PM (PRF_PM2) 7.3.0 Report Ver. 7.3.6.1 104 Days to Maturity Page 2 Par Value Book Value Maturity Date Stated RateMarket Value October 31, 2017 Portfolio Details - Investments Average BalanceIssuer Portfolio Management City of La Quinta YTM 365TermCUSIPInvestment # Purchase Date Certificate of Deposits 565First Business Bank1019 240,000.00 240,000.00 05/20/20191.75005/20/2014 240,465.60 1,82631938QH72 1.751 750First Farmers Bank &Trust Co.1091 240,000.00 240,000.00 11/21/20191.65007/21/2017 239,620.80 853320165HX4 1.653 363First Merchants Bank1020 240,000.00 240,000.00 10/30/20181.50004/30/2014 240,691.20 1,64432082BDF3 1.501 40First National-Mayfield1044 248,000.00 248,000.00 12/11/20171.00006/11/2015 248,024.80 914330459AY4 1.002 89Third Federal Savings and Loan1038 240,000.00 240,000.00 01/29/20181.25004/29/2014 240,057.60 1,37188413QAN8 1.251 1,807Alliance Credit Union1095 245,000.00 245,000.00 10/13/20222.25010/13/2017 244,238.05 1,82601859BAA3 2.251 418Ally Bank Midvale1001 240,000.00 240,000.00 12/24/20181.70012/24/2015 240,266.40 1,09602006LWX7 1.702 1,265Amex Centurion1077 240,000.00 240,000.00 04/19/20212.25004/19/2017 240,300.00 1,46102587DP85 2.252 1,762American Express Fed Savings B1096 240,000.00 240,000.00 08/29/20222.40008/29/2017 240,775.20 1,82602587CFU9 2.402 1,819Barclays Bank1097 240,000.00 240,000.00 10/25/20222.30010/25/2017 239,719.20 1,82606740KLJ4 2.301 180Berkshire Bank1004 240,000.00 240,000.00 04/30/20181.35004/30/2014 240,295.20 1,461084601AL7 1.351 1,576BMW Bank1067 240,000.00 240,000.00 02/24/20222.20002/24/2017 240,420.00 1,82605580AGK4 2.201 1,170Bankers Bank1086 240,000.00 240,000.00 01/14/20211.80007/14/2017 238,617.60 1,28006610RAP4 1.804 1,314Capital One Natl Assn FDIC42971082 240,000.00 240,000.00 06/07/20212.25006/07/2017 241,814.40 1,46114042RGD7 2.252 952Capital One USA FDIC339541006 245,000.00 245,000.00 06/10/20201.90006/10/2015 245,526.75 1,827140420RX0 1.902 138Carolina Alliance1007 248,000.00 248,000.00 03/19/20181.00006/19/2015 247,786.72 1,00414376RAM9 1.000 1,209Comenity Capital Bank1009 240,000.00 240,000.00 02/22/20211.70002/22/2016 237,712.80 1,82720033APG5 1.702 286CitiBank1008240,000.00 240,000.00 08/14/20181.90008/14/2013 240,979.20 1,82617284CKN3 1.901 1,351Central State Bank1085 240,000.00 240,000.00 07/14/20211.85007/14/2017 238,351.20 1,46115523RBJ4 1.851 216Compass Bank1010 248,000.00 248,000.00 06/05/20181.35006/05/2015 248,057.04 1,09620451PLG9 1.351 581Connect One1011 248,000.00 248,000.00 06/05/20191.50006/05/2015 248,032.24 1,46120786ABD6 1.501 180Cornerstone Community Bank1012 240,000.00 240,000.00 04/30/20181.35004/30/2014 240,081.60 1,461219240AZ1 1.351 180Crescent Bank and Trust1013 240,000.00 240,000.00 04/30/20181.30004/30/2014 240,021.60 1,461225645DC1 1.301 1,553Discover Bank Greenwood DE CF1066 240,000.00 240,000.00 02/01/20222.25002/01/2017 241,053.60 1,8262546722U1 2.251 811Douglas National Bank1093 240,000.00 240,000.00 01/21/20201.65007/19/2017 239,373.60 916259744DS6 1.655 135Embassy National1015 248,000.00 248,000.00 03/16/20181.00006/17/2015 247,965.28 1,003290800AL5 1.000 545Ephrata Bank1016 240,000.00 240,000.00 04/30/20191.65004/30/2014 241,382.40 1,826294209AQ4 1.651 947EverBank1017248,000.00 248,000.00 06/05/20201.70006/05/2015 246,985.68 1,82729976DXX3 1.702 461Farmers & Merch1018 248,000.00 248,000.00 02/05/20191.25006/05/2015 247,020.40 1,341307814DC4 1.252 565Gulf Coast Bank1024 240,000.00 240,000.00 05/20/20191.75005/19/2014 240,468.00 1,827402194EB6 1.724 1,637Goldman Sachs1078 240,000.00 240,000.00 04/26/20222.40004/26/2017 242,049.60 1,82638148PJK4 2.401 985First Bank of Highland1094 240,000.00 240,000.00 07/13/20201.75007/13/2017 239,131.20 1,096319141GT8 1.752 1,716HSBC Bank USA, National Associ1088 240,000.00 240,000.00 07/14/20222.30007/14/2017 240,506.40 1,82640434YLE5 2.300 72Independent Bank1025 248,000.00 248,000.00 01/12/20180.90006/12/2015 248,024.80 94545383UQY4 0.902 216MB Financial Bank1027 248,000.00 248,000.00 06/05/20181.10006/05/2015 247,895.84 1,09655266CME3 1.101 175Medallion Bank1028 240,000.00 240,000.00 04/25/20181.35004/25/2014 240,086.40 1,46158403BL95 1.351 Portfolio CITY CP Run Date: 02/07/2018 - 09:08 PM (PRF_PM2) 7.3.0 105 Days to Maturity Page 3 Par Value Book Value Maturity Date Stated RateMarket Value October 31, 2017 Portfolio Details - Investments Average BalanceIssuer Portfolio Management City of La Quinta YTM 365TermCUSIPInvestment # Purchase Date Certificate of Deposits 979Mercantile Bank of Michigan1087 240,000.00 240,000.00 07/07/20201.75007/07/2017 239,162.40 1,09658740XZL7 1.750 222MFR Trade & Trust1026 248,000.00 248,000.00 06/11/20181.20006/10/2015 247,823.92 1,097564759QT8 1.033 954Bank Midwest1002 248,000.00 248,000.00 06/12/20201.65006/12/2015 246,631.04 1,827063615AVO 1.652 406Morton Community1030 248,000.00 248,000.00 12/12/20181.25006/12/2015 247,739.60 1,279619165GE7 1.251 189Merrick Bank1029 240,000.00 240,000.00 05/09/20181.35005/09/2014 240,314.40 1,46159012Y6Q5 1.351 1,540The Ohio Valley Bank1089 240,000.00 240,000.00 01/19/20221.90007/19/2017 237,753.60 1,645677721CN0 1.903 573Peapack-Gladstone Bank1031 240,000.00 240,000.00 05/28/20191.80005/28/2014 241,394.40 1,826704692AL6 1.801 1,302PrivateBank & Trust1032 240,000.00 240,000.00 05/26/20211.50005/26/2016 236,476.80 1,82674267GVG9 1.501 257Regal Bank1033 240,000.00 240,000.00 07/16/20181.40005/16/2014 240,487.20 1,52275874TAH4 1.401 1,118Fist Bank RIchmond1081 245,000.00 245,000.00 11/23/20201.80006/21/2017 243,770.10 1,251319267GC8 1.802 673Riverwood1034248,000.00 248,000.00 09/05/20191.40006/05/2015 248,166.16 1,55376951DAL4 1.402 1,693Sallie Mae Bank Salt Lake CIty1083 240,000.00 240,000.00 06/21/20222.35006/21/2017 241,176.00 1,826795450A70 2.351 159South Atlantic1036 248,000.00 248,000.00 04/09/20181.00006/09/2015 247,724.72 1,03583637AAP9 1.001 580Solomon State1035 248,000.00 248,000.00 06/04/20191.40006/04/2015 248,032.24 1,46183427LAX2 1.401 902Stearnes Bank, N.A.1076 240,000.00 240,000.00 04/21/20201.60004/21/2017 238,658.40 1,096857894TC3 1.588 1,674Synchrony Bank Retail1080 240,000.00 240,000.00 06/02/20222.40006/02/2017 241,824.00 1,82687164XQV1 2.401 29Traverse City1040 240,000.00 240,000.00 11/30/20171.10005/30/2014 240,064.80 1,280894333FE8 1.102 538Webster Bank1042 240,000.00 240,000.00 04/23/20191.80004/23/2014 241,339.20 1,82694768NJQ8 1.801 482Wells Fargo1043 240,000.00 240,000.00 02/26/20191.20002/26/2016 240,196.80 1,0969497483N5 1.201 13,335,000.00 1,46613,332,534.1813,335,000.0013,193,709.68Subtotal and Average 766 1.638 Corporate Notes 1,372Apple Inc1079 500,000.00 493,050.00 08/04/20211.55006/12/2017 489,580.00 1,514037833CC2 1.900 485Johnson and Johnson Corp1075 2,000,000.00 1,993,200.00 03/01/20191.12503/29/2017 1,988,720.00 702478160BR4 1.305 2,486,250.00 8632,478,300.002,500,000.002,486,250.00Subtotal and Average 661 1.423 Money Market with Fiscal Agent 1US Bank1058 3,485.62 3,485.6207/01/2016 3,485.62 1SYS1058 0.000 3,485.62 13,485.623,485.6223,961,300.59Subtotal and Average 1 0.000 528121,783,271.93 122,316,627.71 364 1.254121,824,395.13 122,193,402.71Total and Average Portfolio CITY CP Run Date: 02/07/2018 - 09:08 PM (PRF_PM2) 7.3.0 106 Days to Maturity Page 4 Par Value Book Value Stated RateMarket Value October 31, 2017 Portfolio Details - Cash Average BalanceIssuer Portfolio Management City of La Quinta YTM 365TermCUSIPInvestment # Purchase Date 0.00 528121,783,271.93 122,316,627.71 364 1.254 0 0 454.32 454.32 454.32 454.32 Subtotal Accrued Interest at PurchaseAverage Balance 121,824,849.45 122,193,857.03Total Cash and Investments Portfolio CITY CP Run Date: 02/07/2018 - 09:08 PM (PRF_PM2) 7.3.0 107 City of La Quinta Total Earnings City of La Quinta - Sorted by Fund - Fund October 1, 2017 - October 31, 2017 Current Rate Ending Par Value Ending Fund Book Value Beginning Book Value Adjusted Interest Earnings Accretion Amortization/ Earnings Adjusted InterestAnnualized YieldCUSIP Investment # Interest EarnedIssuer Realized Gainl/Loss Fund: General Fund 240,000.001001240,000.00 1.700ALLY 346.52 0.00 346.521.700101240,000.0002006LWX7 0.00 248,000.001002248,000.00 1.650MIDWES 347.54 0.00 347.541.650101248,000.00063615AVO 0.00 0.0010030.00 1.900BARCLY 224.88 0.00 704.881.900101240,000.0006740KGR2 480.00 240,000.001004240,000.00 1.350BERKS 275.18 0.00 275.181.350101240,000.00084601AL7 0.00 245,000.001006245,000.00 1.900CAPONE 395.36 0.00 395.361.900101245,000.00140420RX0 0.00 248,000.001007248,000.00 1.000CAROL 210.63 0.00 210.631.000101248,000.0014376RAM9 0.00 240,000.001008240,000.00 1.900CITI 387.29 0.00 387.291.900101240,000.0017284CKN3 0.00 240,000.001009240,000.00 1.700CCBA 346.52 0.00 346.521.700101240,000.0020033APG5 0.00 248,000.001010248,000.00 1.350COMP 284.35 0.00 284.351.350101248,000.0020451PLG9 0.00 248,000.001011248,000.00 1.500CONNEC 315.95 0.00 315.951.500101248,000.0020786ABD6 0.00 240,000.001012240,000.00 1.350CORNER 275.18 0.00 275.181.350101240,000.00219240AZ1 0.00 240,000.001013240,000.00 1.300CRESC 264.99 0.00 264.991.300101240,000.00225645DC1 0.00 248,000.001015248,000.00 1.000EMBNAT 210.63 0.00 210.631.000101248,000.00290800AL5 0.00 240,000.001016240,000.00 1.650EPHRAT 336.33 0.00 336.331.650101240,000.00294209AQ4 0.00 248,000.001017248,000.00 1.700EVRBA 358.07 0.00 358.071.700101248,000.0029976DXX3 0.00 248,000.001018248,000.00 1.250FARMER 263.29 0.00 263.291.250101248,000.00307814DC4 0.00 240,000.001019240,000.00 1.7501STBUS 356.72 0.00 356.721.750101240,000.0031938QH72 0.00 240,000.001020240,000.00 1.5001STMER 305.75 0.00 305.751.500101240,000.0032082BDF3 0.00 240,000.001024240,000.00 1.750GCB 356.71 0.00 356.711.750101240,000.00402194EB6 0.00 248,000.001025248,000.00 0.900INDEP 189.56 0.00 189.560.900101248,000.0045383UQY4 0.00 248,000.001026248,000.00 1.200MFR 252.76 0.00 252.761.200101248,000.00564759QT8 0.00 248,000.001027248,000.00 1.100MBFIN 231.70 0.00 231.701.100101248,000.0055266CME3 0.00 240,000.001028240,000.00 1.350MEDBA 275.18 0.00 275.181.350101240,000.0058403BL95 0.00 240,000.001029240,000.00 1.350MRRCK 275.18 0.00 275.181.350101240,000.0059012Y6Q5 0.00 248,000.001030248,000.00 1.250MORTN 263.29 0.00 263.291.250101248,000.00619165GE7 0.00 240,000.001031240,000.00 1.800PEAPAC 366.91 0.00 366.911.800101240,000.00704692AL6 0.00 240,000.001032240,000.00 1.500PRVTBA 305.75 0.00 305.751.500101240,000.0074267GVG9 0.00 240,000.001033240,000.00 1.400REGAL 285.37 0.00 285.371.400101240,000.0075874TAH4 0.00 248,000.001034248,000.00 1.400RVRW 294.88 0.00 294.881.400101248,000.0076951DAL4 0.00 248,000.001035248,000.00 1.400SOLOM 294.88 0.00 294.881.400101248,000.0083427LAX2 0.00 Portfolio CITY CP Run Date: 01/30/2018 - 16:17 TE (PRF_TE) 7.3.6 Report Ver. 7.3.6.1108 Current Rate Ending Par Value Ending Fund Page 2 Book Value Beginning Book Value Adjusted Interest Earnings Accretion Amortization/ Earnings Adjusted Interest October 1, 2017 - October 31, 2017 Total Earnings City of La Quinta Annualized YieldCUSIP Investment # Interest EarnedIssuer Realized Gainl/Loss Fund: General Fund 248,000.001036248,000.00 1.000SOATL 210.63 0.00 210.631.000101248,000.0083637AAP9 0.00 240,000.001038240,000.00 1.2503RD 254.80 0.00 254.801.250101240,000.0088413QAN8 0.00 240,000.001040240,000.00 1.100TRAV 224.22 0.00 224.221.100101240,000.00894333FE8 0.00 240,000.001042240,000.00 1.800WEB 366.90 0.00 366.901.800101240,000.0094768NJQ8 0.00 240,000.001043240,000.00 1.200WELLS 244.60 0.00 244.601.200101240,000.009497483N5 0.00 248,000.001044248,000.00 1.0001STNAT 210.63 0.00 210.631.000101248,000.00330459AY4 0.00 5,000,000.0010455,000,000.00 1.125USTR 4,738.45 0.00 4,738.451.1161015,000,000.00912828S27 0.00 2,491,250.0010532,500,000.00 1.350FHLB 2,812.50 0.00 2,812.501.3291012,491,250.003130A7QZ1 0.00 2,500,000.0010542,500,000.00 1.250FHLMC 2,604.17 0.00 2,604.171.2261012,500,000.003134G8Y37 0.00 45,575,027.18105545,575,027.18 1.143LAIF 46,583.87 0.00 46,583.871.20510145,435,606.9198-33-434 0.00 3,046,653.1410573,046,653.14WELLS 0.01 0.00 0.011013,636,712.714159282482 0.00 1,700.0010591,700.00CITYPC 0.00 0.00 0.001011,700.00SYS1059 0.00 2,502,250.0010632,500,000.00 0.875USTR 1,858.38 0.00 1,858.380.8741012,502,250.00912828L81 0.00 2,500,000.0010642,500,000.00 1.375FHLB 2,864.58 0.00 2,864.581.3491012,500,000.003130A9UQ2 0.00 240,000.001066240,000.00 2.250DISCOV 458.63 0.00 458.632.250101240,000.002546722U1 0.00 240,000.001067240,000.00 2.200BMW 448.44 0.00 448.442.200101240,000.0005580AGK4 0.00 2,483,250.0010682,500,000.00 1.375USTR 2,927.54 0.00 2,927.541.3881012,483,250.00912828J84 0.00 2,490,750.0010692,500,000.00 1.375USTR 2,911.55 0.00 2,911.551.3761012,490,750.00912828U73 0.00 1,942,800.0010702,000,000.00 1.250USTR 2,107.10 0.00 2,107.101.2771011,942,800.00912828T67 0.00 1,998,125.0010712,000,000.00 0.875USTR 1,490.38 0.00 1,490.380.8781011,998,125.00912828Q45 0.00 2,000,000.0010722,000,000.00 1.700FNMA 2,833.34 0.00 2,833.341.6681012,000,000.003135G0S53 0.00 1,990,000.0010732,000,000.00 2.000FHLMC 3,333.34 0.00 3,333.341.9721011,990,000.003134GBAE2 0.00 1,993,200.0010752,000,000.00 1.125J&J 1,875.00 0.00 1,875.001.1081011,993,200.00478160BR4 0.00 240,000.001076240,000.00 1.600STRNS 326.14 0.00 326.141.600101240,000.00857894TC3 0.00 240,000.001077240,000.00 2.250AMEX 458.63 0.00 458.632.250101240,000.0002587DP85 0.00 240,000.001078240,000.00 2.400GLDMAN 489.21 0.00 489.212.400101240,000.0038148PJK4 0.00 493,050.001079500,000.00 1.550APPL 645.84 0.00 645.841.542101493,050.00037833CC2 0.00 240,000.001080240,000.00 2.400SYNCHR 489.20 0.00 489.202.400101240,000.0087164XQV1 0.00 245,000.001081245,000.00 1.800RICHMN 374.55 0.00 374.551.800101245,000.00319267GC8 0.00 240,000.001082240,000.00 2.250CAP1NA 458.63 0.00 458.632.250101240,000.0014042RGD7 0.00 240,000.001083240,000.00 2.350SALMAE 461.37 0.00 461.372.263101240,000.00795450A70 0.00 999,500.0010841,000,000.00 2.000FHLMC 1,666.66 0.00 1,666.661.963101999,500.003134GBXF4 0.00 240,000.001085240,000.00 1.850CNTRL 377.09 0.00 377.091.850101240,000.0015523RBJ4 0.00 240,000.001086240,000.00 1.800BNKRS 366.91 0.00 366.911.800101240,000.0006610RAP4 0.00 240,000.001087240,000.00 1.750MERCTL 353.81 0.00 353.811.736101240,000.0058740XZL7 0.00 240,000.001088240,000.00 2.300HSBC 465.00 0.00 465.002.281101240,000.0040434YLE5 0.00 240,000.001089240,000.00 1.900OHVAL 387.29 0.00 387.291.900101240,000.00677721CN0 0.00 Portfolio CITY CP Run Date: 01/30/2018 - 16:17 TE (PRF_TE) 7.3.6 Report Ver. 7.3.6.1109 Current Rate Ending Par Value Ending Fund Page 3 Book Value Beginning Book Value Adjusted Interest Earnings Accretion Amortization/ Earnings Adjusted Interest October 1, 2017 - October 31, 2017 Total Earnings City of La Quinta Annualized YieldCUSIP Investment # Interest EarnedIssuer Realized Gainl/Loss Fund: General Fund 1,000,000.0010901,000,000.00 2.150FHLMC 1,791.67 0.00 1,791.672.1101011,000,000.003134GBWG3 0.00 240,000.001091240,000.00 1.6501STFRM 336.33 0.00 336.331.650101240,000.00320165HX4 0.00 992,600.0010921,000,000.00 1.080FFCB 900.00 0.00 900.001.068101992,600.003133EGLC7 0.00 240,000.001093240,000.00 1.650DOUGLS 336.33 0.00 336.331.650101240,000.00259744DS6 0.00 240,000.001094240,000.00 1.750HIGHLD 356.71 0.00 356.711.750101240,000.00319141GT8 0.00 245,000.001095245,000.00 2.250ALLIAN 286.95 0.00 286.952.2501010.0001859BAA3 0.00 240,000.001096240,000.00 2.400AMFSB 489.20 0.00 489.202.400101240,000.0002587CFU9 0.00 240,000.001097240,000.00 2.300BARCLY 105.86 0.00 105.862.3001010.0006740KLJ4 0.00 95,458,380.32Subtotal 95,335,155.32 1.263 102,659.790.00102,179.7995,540,794.62 480.00 Fund: 1st Empire Securities Cash Bal 10.85106010.85EMPIRE 5.85 0.00 5.850.14610238,585.85SYS1060 0.00 10.85Subtotal 10.85 0.146 5.850.005.8538,585.85 0.00 Fund: Fiscal Agent 3,485.6210583,485.62USBANK 7,449.78 0.00 7,449.780.36623126,241,506.96SYS1058 0.00 3,485.62Subtotal 3,485.62 0.366 7,449.780.007,449.7826,241,506.96 0.00 Fund: Housing Authority : WSA and LQ 1,126,155.3510611,126,155.35WSALQ 0.00 0.00 0.002411,118,039.60SYS1061 0.00 133,595.571062133,595.57LQPR 0.00 0.00 0.00241119,452.87SYS1062 0.00 1,259,750.92Subtotal 1,259,750.92 0.000.000.001,237,492.47 0.00 Fund: SA Low/Mod Bond Fund 25,595,000.00111325,595,000.00 1.143LAIF 801.51 0.00 801.511.1432490.0025-33-005 0.00 25,595,000.00Subtotal 25,595,000.00 1.143 801.510.00801.510.00 0.00 122,316,627.71Total 122,193,402.71 1.072 110,916.930.00110,436.93123,058,379.90 480.00 Portfolio CITY CP Run Date: 01/30/2018 - 16:17 TE (PRF_TE) 7.3.6 Report Ver. 7.3.6.1110 111 Days to Maturity Page 1 Par Value Book Value Maturity Date Stated RateMarket Value November 30, 2017 Portfolio Details - Investments Average BalanceIssuer Portfolio Management City of La Quinta YTM 365TermCUSIPInvestment # Purchase Date Bank Accounts 1City Petty Cash1059 1,700.00 1,700.0007/01/2016 1,700.00 1SYS1059 0.000 1First Empire Bank1060 0.00 0.0007/01/2016 0.00 1SYS1060 0.000 1La Quinta Palms Realty1062 145,571.45 145,571.4507/01/2016 145,571.45 1SYS1062 0.000 1Wells Fargo1057 3,695,123.07 3,695,123.0707/01/2016 3,695,123.07 14159282482 0.000 1Washington St Apt La Quinta1061 1,172,628.13 1,172,628.1307/01/2016 1,172,628.13 1SYS1061 0.000 5,015,022.65 15,015,022.655,015,022.655,224,664.96Subtotal and Average 1 0.000 Local Agency Invstmnt Fund-Housing 1Local Agency Inv Fund1113 25,595,000.00 25,595,000.00 1.17210/31/2017 25,595,000.00 125-33-005 1.172 25,595,000.00 125,595,000.0025,595,000.0025,595,000.00Subtotal and Average 1 1.172 Local Agency Investment Fund-City 1Local Agency Inv Fund1055 40,575,027.18 40,575,027.18 1.17240,509,010.42 198-33-434 1.172 40,575,027.18 140,509,010.4240,575,027.1840,908,360.51Subtotal and Average 1 1.172 Federal Agency Coupon Securities 588Federal Farm Credit Bank1092 1,000,000.00 992,600.00 07/12/20191.08007/10/2017 987,360.00 7323133EGLC7 1.456 1,370Federal Farm Credit Bank1105 1,000,000.00 992,200.00 09/01/20211.70011/09/2017 985,740.00 1,3923133EHWM1 1.913 1,244Federal Home Loan Bank1053 2,500,000.00 2,491,250.00 04/28/20211.35004/28/2016 2,424,775.00 1,8263130A7QZ1 1.423 1,060Federal Home Loan Bank1064 2,500,000.00 2,500,000.00 10/26/20201.37510/26/2016 2,441,450.00 1,4613130A9UQ2 1.375 1,015Federal Home Loan Bank1104 1,000,000.00 996,800.00 09/11/20201.62511/09/2017 990,450.00 1,0373130A66T9 1.741 1,244Federal Home Loan Mtg Corp1054 2,500,000.00 2,500,000.00 04/28/20211.25004/28/2016 2,475,400.00 1,8263134G8Y37 2.115 1,579Federal Home Loan Mtg Corp1073 2,000,000.00 1,990,000.00 03/29/20222.00003/29/2017 1,973,400.00 1,8263134GBAE2 2.106 1,489Federal Home Loan Mtg Corp1084 1,000,000.00 999,500.00 12/29/20212.00007/06/2017 988,190.00 1,6373134GBXF4 2.012 1,699Federal Home Loan Mtg Corp1090 1,000,000.00 1,000,000.00 07/27/20222.15007/27/2017 989,440.00 1,8263134GBWG3 2.150 787Federal National Mtg Assn1072 2,000,000.00 2,000,000.00 01/27/20201.70003/27/2017 1,984,620.00 1,0363135G0S53 1.700 16,462,350.00 1,52316,240,825.0016,500,000.0015,931,950.00Subtotal and Average 1,198 1.768 Treasury Coupon Securities 1,307U.S. Treasury1045 5,000,000.00 5,000,000.00 06/30/20211.12507/18/2016 4,847,250.00 1,808912828S27 1.125 318U.S. Treasury1063 2,500,000.00 2,502,250.00 10/15/20180.87510/24/2016 2,483,600.00 721912828L81 0.829 851U.S. Treasury1068 2,500,000.00 2,483,250.00 03/31/20201.37503/20/2017 2,473,050.00 1,107912828J84 1.602 744U.S. Treasury1069 2,500,000.00 2,490,750.00 12/15/20191.37503/20/2017 2,478,625.00 1,000912828U73 1.513 1,430U.S. Treasury1070 2,000,000.00 1,942,800.00 10/31/20211.25003/27/2017 1,939,840.00 1,679912828T67 1.903 120U.S. Treasury1071 2,000,000.00 1,998,125.00 03/31/20180.87503/27/2017 1,996,720.00 369912828Q45 0.968 Portfolio CITY CP Run Date: 02/07/2018 - 09:10 PM (PRF_PM2) 7.3.0 Report Ver. 7.3.6.1 112 Days to Maturity Page 2 Par Value Book Value Maturity Date Stated RateMarket Value November 30, 2017 Portfolio Details - Investments Average BalanceIssuer Portfolio Management City of La Quinta YTM 365TermCUSIPInvestment # Purchase Date Treasury Coupon Securities 349U.S. Treasury1103 500,000.00 498,840.00 11/15/20181.25011/09/2017 497,990.00 371912828M64 1.481 16,916,015.00 1,19816,717,075.0017,000,000.0016,782,991.00Subtotal and Average 857 1.290 Certificate of Deposits 535First Business Bank1019 240,000.00 240,000.00 05/20/20191.75005/20/2014 240,189.60 1,82631938QH72 1.751 720First Farmers Bank &Trust Co.1091 240,000.00 240,000.00 11/21/20191.65007/21/2017 239,236.80 853320165HX4 1.653 333First Merchants Bank1020 240,000.00 240,000.00 10/30/20181.50004/30/2014 240,559.20 1,64432082BDF3 1.501 10First National-Mayfield1044 248,000.00 248,000.00 12/11/20171.00006/11/2015 248,007.44 914330459AY4 1.002 59Third Federal Savings and Loan1038 240,000.00 240,000.00 01/29/20181.25004/29/2014 240,038.40 1,37188413QAN8 1.251 1,777Alliance Credit Union1095 245,000.00 245,000.00 10/13/20222.25010/13/2017 243,711.30 1,82601859BAA3 2.251 388Ally Bank Midvale1001 240,000.00 240,000.00 12/24/20181.70012/24/2015 240,098.40 1,09602006LWX7 1.702 1,235Amex Centurion1077 240,000.00 240,000.00 04/19/20212.25004/19/2017 239,774.40 1,46102587DP85 2.252 1,732American Express Fed Savings B1096 240,000.00 240,000.00 08/29/20222.40008/29/2017 240,048.00 1,82602587CFU9 2.402 1,789Barclays Bank1097 240,000.00 240,000.00 10/25/20222.30010/25/2017 239,186.40 1,82606740KLJ4 2.301 1,452Belmont Savings Bank1102 245,000.00 245,000.00 11/22/20212.10011/21/2017 244,723.15 1,462080515CD9 2.101 150Berkshire Bank1004 240,000.00 240,000.00 04/30/20181.35004/30/2014 240,204.00 1,461084601AL7 1.351 1,546BMW Bank1067 240,000.00 240,000.00 02/24/20222.20002/24/2017 240,050.40 1,82605580AGK4 2.201 1,140Bankers Bank1086 240,000.00 240,000.00 01/14/20211.80007/14/2017 238,020.00 1,28006610RAP4 1.804 1,284Capital One Natl Assn FDIC42971082 240,000.00 240,000.00 06/07/20212.25006/07/2017 241,221.60 1,46114042RGD7 2.252 922Capital One USA FDIC339541006 245,000.00 245,000.00 06/10/20201.90006/10/2015 245,004.90 1,827140420RX0 1.902 108Carolina Alliance1007 248,000.00 248,000.00 03/19/20181.00006/19/2015 247,804.08 1,00414376RAM9 1.000 1,179Comenity Capital Bank1009 240,000.00 240,000.00 02/22/20211.70002/22/2016 237,153.60 1,82720033APG5 1.702 256CitiBank1008240,000.00 240,000.00 08/14/20181.90008/14/2013 240,765.60 1,82617284CKN3 1.901 1,321Central State Bank1085 240,000.00 240,000.00 07/14/20211.85007/14/2017 237,859.20 1,46115523RBJ4 1.851 186Compass Bank1010 248,000.00 248,000.00 06/05/20181.35006/05/2015 247,965.28 1,09620451PLG9 1.351 551Connect One1011 248,000.00 248,000.00 06/05/20191.50006/05/2015 247,756.96 1,46120786ABD6 1.501 150Cornerstone Community Bank1012 240,000.00 240,000.00 04/30/20181.35004/30/2014 240,024.00 1,461219240AZ1 1.351 150Crescent Bank and Trust1013 240,000.00 240,000.00 04/30/20181.30004/30/2014 239,973.60 1,461225645DC1 1.301 1,813CrossFirst Bank1106 245,000.00 245,000.00 11/18/20222.20011/20/2017 242,807.25 1,82422766ACB9 2.201 1,523Discover Bank Greenwood DE CF1066 240,000.00 240,000.00 02/01/20222.25002/01/2017 240,688.80 1,8262546722U1 2.251 781Douglas National Bank1093 240,000.00 240,000.00 01/21/20201.65007/19/2017 238,968.00 916259744DS6 1.655 105Embassy National1015 248,000.00 248,000.00 03/16/20181.00006/17/2015 247,945.44 1,003290800AL5 1.000 1,823Enterprise Bank, NA1107 245,000.00 245,000.00 11/28/20222.15011/28/2017 242,135.95 1,82629367QCP1 2.151 515Ephrata Bank1016 240,000.00 240,000.00 04/30/20191.65004/30/2014 241,068.00 1,826294209AQ4 1.651 917EverBank1017248,000.00 248,000.00 06/05/20201.70006/05/2015 246,512.00 1,82729976DXX3 1.702 431Farmers & Merch1018 248,000.00 248,000.00 02/05/20191.25006/05/2015 246,903.84 1,341307814DC4 1.252 Portfolio CITY CP Run Date: 02/07/2018 - 09:10 PM (PRF_PM2) 7.3.0 113 Days to Maturity Page 3 Par Value Book Value Maturity Date Stated RateMarket Value November 30, 2017 Portfolio Details - Investments Average BalanceIssuer Portfolio Management City of La Quinta YTM 365TermCUSIPInvestment # Purchase Date Certificate of Deposits 535Gulf Coast Bank1024 240,000.00 240,000.00 05/20/20191.75005/19/2014 240,192.00 1,827402194EB6 1.724 1,607Goldman Sachs1078 240,000.00 240,000.00 04/26/20222.40004/26/2017 241,608.00 1,82638148PJK4 2.401 955First Bank of Highland1094 240,000.00 240,000.00 07/13/20201.75007/13/2017 238,646.40 1,096319141GT8 1.752 1,686HSBC Bank USA, National Associ1088 240,000.00 240,000.00 07/14/20222.30007/14/2017 240,038.40 1,82640434YLE5 2.300 42Independent Bank1025 248,000.00 248,000.00 01/12/20180.90006/12/2015 248,017.36 94545383UQY4 0.902 893Jefferson Bank & Trust1100 245,000.00 245,000.00 05/12/20201.75011/09/2017 243,946.50 915472376AC6 1.751 1,628Kansas State Bank1101 245,000.00 245,000.00 05/17/20222.10011/17/2017 243,390.35 1,64250116CBE8 2.099 186MB Financial Bank1027 248,000.00 248,000.00 06/05/20181.10006/05/2015 247,823.92 1,09655266CME3 1.101 145Medallion Bank1028 240,000.00 240,000.00 04/25/20181.35004/25/2014 240,031.20 1,46158403BL95 1.351 949Mercantile Bank of Michigan1087 240,000.00 240,000.00 07/07/20201.75007/07/2017 238,680.00 1,09658740XZL7 1.750 192MFR Trade & Trust1026 248,000.00 248,000.00 06/11/20181.20006/10/2015 247,759.44 1,097564759QT8 1.033 924Bank Midwest1002 248,000.00 248,000.00 06/12/20201.65006/12/2015 246,159.84 1,827063615AVO 1.652 717Morgan Stanley Bank1109 245,000.00 245,000.00 11/18/20191.80011/16/2017 244,941.20 73261747MA92 1.800 376Morton Community1030 248,000.00 248,000.00 12/12/20181.25006/12/2015 247,610.64 1,279619165GE7 1.251 159Merrick Bank1029 240,000.00 240,000.00 05/09/20181.35005/09/2014 240,211.20 1,46159012Y6Q5 1.351 717Morgan Stanley Private Bk, NA1108 245,000.00 245,000.00 11/18/20191.75011/16/2017 244,706.00 73261760AEP0 1.750 1,803Mountain America Federal CU1099 245,000.00 245,000.00 11/08/20222.30011/08/2017 244,044.50 1,82662384RAC0 2.301 1,510The Ohio Valley Bank1089 240,000.00 240,000.00 01/19/20221.90007/19/2017 237,458.40 1,645677721CN0 1.903 543Peapack-Gladstone Bank1031 240,000.00 240,000.00 05/28/20191.80005/28/2014 241,063.20 1,826704692AL6 1.801 1,272PrivateBank & Trust1032 240,000.00 240,000.00 05/26/20211.50005/26/2016 235,996.80 1,82674267GVG9 1.501 227Regal Bank1033 240,000.00 240,000.00 07/16/20181.40005/16/2014 240,319.20 1,52275874TAH4 1.401 1,088Fist Bank RIchmond1081 245,000.00 245,000.00 11/23/20201.80006/21/2017 243,160.05 1,251319267GC8 1.802 643Riverwood1034248,000.00 248,000.00 09/05/20191.40006/05/2015 247,806.56 1,55376951DAL4 1.402 1,663Sallie Mae Bank Salt Lake CIty1083 240,000.00 240,000.00 06/21/20222.35006/21/2017 240,715.20 1,826795450A70 2.351 129South Atlantic1036 248,000.00 248,000.00 04/09/20181.00006/09/2015 247,739.60 1,03583637AAP9 1.001 550Solomon State1035 248,000.00 248,000.00 06/04/20191.40006/04/2015 247,759.44 1,46183427LAX2 1.401 872Stearnes Bank, N.A.1076 240,000.00 240,000.00 04/21/20201.60004/21/2017 238,231.20 1,096857894TC3 1.588 1,644Synchrony Bank Retail1080 240,000.00 240,000.00 06/02/20222.40006/02/2017 241,363.20 1,82687164XQV1 2.401 508Webster Bank1042 240,000.00 240,000.00 04/23/20191.80004/23/2014 241,034.40 1,82694768NJQ8 1.801 452Wells Fargo1043 240,000.00 240,000.00 02/26/20191.20002/26/2016 239,995.20 1,0969497483N5 1.201 15,055,000.00 1,45715,026,854.9915,055,000.0014,209,000.00Subtotal and Average 829 1.696 Corporate Notes 1,342Apple Inc1079 500,000.00 493,050.00 08/04/20211.55006/12/2017 485,920.00 1,514037833CC2 1.900 455Johnson and Johnson Corp1075 2,000,000.00 1,993,200.00 03/01/20191.12503/29/2017 1,983,460.00 702478160BR4 1.305 686Toyota Motor Credit Corp1098 500,000.00 498,750.00 10/18/20191.55011/07/2017 495,975.00 71089236TDH5 1.681 Portfolio CITY CP Run Date: 02/07/2018 - 09:10 PM (PRF_PM2) 7.3.0 114 Days to Maturity Page 4 Par Value Book Value Maturity Date Stated RateMarket Value November 30, 2017 Portfolio Details - Investments Average BalanceIssuer Portfolio Management City of La Quinta YTM 365TermCUSIPInvestment # Purchase Date 2,985,000.00 8372,965,355.003,000,000.002,885,250.00Subtotal and Average 640 1.466 Money Market with Fiscal Agent 1US Bank1058 3,495.22 3,495.2207/01/2016 3,495.22 1SYS1058 0.000 3,495.22 13,495.223,495.223,485.94Subtotal and Average 1 0.000 570121,540,702.41 122,743,545.05 397 1.292122,072,638.28 122,606,910.05Total and Average Portfolio CITY CP Run Date: 02/07/2018 - 09:10 PM (PRF_PM2) 7.3.0 115 Days to Maturity Page 5 Par Value Book Value Stated RateMarket Value November 30, 2017 Portfolio Details - Cash Average BalanceIssuer Portfolio Management City of La Quinta YTM 365TermCUSIPInvestment # Purchase Date 0.00 570121,540,702.41 122,743,545.05 397 1.292 0 0 454.32 454.32 454.32 454.32 Subtotal Accrued Interest at PurchaseAverage Balance 122,073,092.60 122,607,364.37Total Cash and Investments Portfolio CITY CP Run Date: 02/07/2018 - 09:10 PM (PRF_PM2) 7.3.0 116 City of La Quinta Total Earnings City of La Quinta - Sorted by Fund - Fund November 1, 2017 - November 30, 2017 Current Rate Ending Par Value Ending Fund Book Value Beginning Book Value Adjusted Interest Earnings Accretion Amortization/ Earnings Adjusted InterestAnnualized YieldCUSIP Investment # Interest EarnedIssuer Realized Gainl/Loss Fund: General Fund 240,000.001001240,000.00 1.700ALLY 335.34 0.00 335.341.700101240,000.0002006LWX7 0.00 248,000.001002248,000.00 1.650MIDWES 336.33 0.00 336.331.650101248,000.00063615AVO 0.00 240,000.001004240,000.00 1.350BERKS 266.30 0.00 266.301.350101240,000.00084601AL7 0.00 245,000.001006245,000.00 1.900CAPONE 382.60 0.00 382.601.900101245,000.00140420RX0 0.00 248,000.001007248,000.00 1.000CAROL 203.84 0.00 203.841.000101248,000.0014376RAM9 0.00 240,000.001008240,000.00 1.900CITI 374.80 0.00 374.801.900101240,000.0017284CKN3 0.00 240,000.001009240,000.00 1.700CCBA 335.35 0.00 335.351.700101240,000.0020033APG5 0.00 248,000.001010248,000.00 1.350COMP 275.18 0.00 275.181.350101248,000.0020451PLG9 0.00 248,000.001011248,000.00 1.500CONNEC 305.75 0.00 305.751.500101248,000.0020786ABD6 0.00 240,000.001012240,000.00 1.350CORNER 266.30 0.00 266.301.350101240,000.00219240AZ1 0.00 240,000.001013240,000.00 1.300CRESC 256.44 0.00 256.441.300101240,000.00225645DC1 0.00 248,000.001015248,000.00 1.000EMBNAT 203.84 0.00 203.841.000101248,000.00290800AL5 0.00 240,000.001016240,000.00 1.650EPHRAT 325.48 0.00 325.481.650101240,000.00294209AQ4 0.00 248,000.001017248,000.00 1.700EVRBA 346.52 0.00 346.521.700101248,000.0029976DXX3 0.00 248,000.001018248,000.00 1.250FARMER 254.80 0.00 254.801.250101248,000.00307814DC4 0.00 240,000.001019240,000.00 1.7501STBUS 345.20 0.00 345.201.750101240,000.0031938QH72 0.00 240,000.001020240,000.00 1.5001STMER 295.89 0.00 295.891.500101240,000.0032082BDF3 0.00 240,000.001024240,000.00 1.750GCB 345.21 0.00 345.211.750101240,000.00402194EB6 0.00 248,000.001025248,000.00 0.900INDEP 183.46 0.00 183.460.900101248,000.0045383UQY4 0.00 248,000.001026248,000.00 1.200MFR 244.60 0.00 244.601.200101248,000.00564759QT8 0.00 248,000.001027248,000.00 1.100MBFIN 224.22 0.00 224.221.100101248,000.0055266CME3 0.00 240,000.001028240,000.00 1.350MEDBA 266.30 0.00 266.301.350101240,000.0058403BL95 0.00 240,000.001029240,000.00 1.350MRRCK 266.30 0.00 266.301.350101240,000.0059012Y6Q5 0.00 248,000.001030248,000.00 1.250MORTN 254.80 0.00 254.801.250101248,000.00619165GE7 0.00 240,000.001031240,000.00 1.800PEAPAC 355.07 0.00 355.071.800101240,000.00704692AL6 0.00 240,000.001032240,000.00 1.500PRVTBA 295.89 0.00 295.891.500101240,000.0074267GVG9 0.00 240,000.001033240,000.00 1.400REGAL 276.17 0.00 276.171.400101240,000.0075874TAH4 0.00 248,000.001034248,000.00 1.400RVRW 285.37 0.00 285.371.400101248,000.0076951DAL4 0.00 248,000.001035248,000.00 1.400SOLOM 285.37 0.00 285.371.400101248,000.0083427LAX2 0.00 248,000.001036248,000.00 1.000SOATL 203.84 0.00 203.841.000101248,000.0083637AAP9 0.00 Portfolio CITY CP Run Date: 01/30/2018 - 16:19 TE (PRF_TE) 7.3.6 Report Ver. 7.3.6.1117 Current Rate Ending Par Value Ending Fund Page 2 Book Value Beginning Book Value Adjusted Interest Earnings Accretion Amortization/ Earnings Adjusted Interest November 1, 2017 - November 30, 2017 Total Earnings City of La Quinta Annualized YieldCUSIP Investment # Interest EarnedIssuer Realized Gainl/Loss Fund: General Fund 240,000.001038240,000.00 1.2503RD 246.57 0.00 246.571.250101240,000.0088413QAN8 0.00 0.0010400.00 1.100TRAV 209.75 0.00 209.751.100101240,000.00894333FE8 0.00 240,000.001042240,000.00 1.800WEB 355.07 0.00 355.071.800101240,000.0094768NJQ8 0.00 240,000.001043240,000.00 1.200WELLS 236.71 0.00 236.711.200101240,000.009497483N5 0.00 248,000.001044248,000.00 1.0001STNAT 203.84 0.00 203.841.000101248,000.00330459AY4 0.00 5,000,000.0010455,000,000.00 1.125USTR 4,585.60 0.00 4,585.601.1161015,000,000.00912828S27 0.00 2,491,250.0010532,500,000.00 1.350FHLB 2,812.50 0.00 2,812.501.3741012,491,250.003130A7QZ1 0.00 2,500,000.0010542,500,000.00 1.250FHLMC 2,604.16 0.00 2,604.161.2671012,500,000.003134G8Y37 0.00 40,575,027.18105540,575,027.18 1.172LAIF 40,513.05 0.00 40,513.051.20510145,575,027.1898-33-434 0.00 3,695,123.0710573,695,123.07WELLS 0.01 0.00 0.011013,046,653.144159282482 0.00 1,700.0010591,700.00CITYPC 0.00 0.00 0.001011,700.00SYS1059 0.00 2,502,250.0010632,500,000.00 0.875USTR 1,802.89 0.00 1,802.890.8771012,502,250.00912828L81 0.00 2,500,000.0010642,500,000.00 1.375FHLB 2,864.58 0.00 2,864.581.3941012,500,000.003130A9UQ2 0.00 240,000.001066240,000.00 2.250DISCOV 443.84 0.00 443.842.250101240,000.002546722U1 0.00 240,000.001067240,000.00 2.200BMW 433.97 0.00 433.972.200101240,000.0005580AGK4 0.00 2,483,250.0010682,500,000.00 1.375USTR 2,833.10 0.00 2,833.101.3881012,483,250.00912828J84 0.00 2,490,750.0010692,500,000.00 1.375USTR 2,817.62 0.00 2,817.621.3761012,490,750.00912828U73 0.00 1,942,800.0010702,000,000.00 1.250USTR 2,071.82 0.00 2,071.821.2971011,942,800.00912828T67 0.00 1,998,125.0010712,000,000.00 0.875USTR 1,442.31 0.00 1,442.310.8781011,998,125.00912828Q45 0.00 2,000,000.0010722,000,000.00 1.700FNMA 2,833.33 0.00 2,833.331.7241012,000,000.003135G0S53 0.00 1,990,000.0010732,000,000.00 2.000FHLMC 3,333.33 0.00 3,333.332.0381011,990,000.003134GBAE2 0.00 1,993,200.0010752,000,000.00 1.125J&J 1,875.00 0.00 1,875.001.1451011,993,200.00478160BR4 0.00 240,000.001076240,000.00 1.600STRNS 315.61 0.00 315.611.600101240,000.00857894TC3 0.00 240,000.001077240,000.00 2.250AMEX 443.83 0.00 443.832.250101240,000.0002587DP85 0.00 240,000.001078240,000.00 2.400GLDMAN 473.42 0.00 473.422.400101240,000.0038148PJK4 0.00 493,050.001079500,000.00 1.550APPL 645.83 0.00 645.831.594101493,050.00037833CC2 0.00 240,000.001080240,000.00 2.400SYNCHR 473.43 0.00 473.432.400101240,000.0087164XQV1 0.00 245,000.001081245,000.00 1.800RICHMN 362.47 0.00 362.471.800101245,000.00319267GC8 0.00 240,000.001082240,000.00 2.250CAP1NA 443.84 0.00 443.842.250101240,000.0014042RGD7 0.00 240,000.001083240,000.00 2.350SALMAE 446.48 0.00 446.482.263101240,000.00795450A70 0.00 999,500.0010841,000,000.00 2.000FHLMC 1,666.67 0.00 1,666.672.029101999,500.003134GBXF4 0.00 240,000.001085240,000.00 1.850CNTRL 364.93 0.00 364.931.850101240,000.0015523RBJ4 0.00 240,000.001086240,000.00 1.800BNKRS 355.07 0.00 355.071.800101240,000.0006610RAP4 0.00 240,000.001087240,000.00 1.750MERCTL 342.39 0.00 342.391.736101240,000.0058740XZL7 0.00 240,000.001088240,000.00 2.300HSBC 450.00 0.00 450.002.281101240,000.0040434YLE5 0.00 240,000.001089240,000.00 1.900OHVAL 374.80 0.00 374.801.900101240,000.00677721CN0 0.00 1,000,000.0010901,000,000.00 2.150FHLMC 1,791.67 0.00 1,791.672.1801011,000,000.003134GBWG3 0.00 Portfolio CITY CP Run Date: 01/30/2018 - 16:19 TE (PRF_TE) 7.3.6 Report Ver. 7.3.6.1118 Current Rate Ending Par Value Ending Fund Page 3 Book Value Beginning Book Value Adjusted Interest Earnings Accretion Amortization/ Earnings Adjusted Interest November 1, 2017 - November 30, 2017 Total Earnings City of La Quinta Annualized YieldCUSIP Investment # Interest EarnedIssuer Realized Gainl/Loss Fund: General Fund 240,000.001091240,000.00 1.6501STFRM 325.48 0.00 325.481.650101240,000.00320165HX4 0.00 992,600.0010921,000,000.00 1.080FFCB 900.00 0.00 900.001.103101992,600.003133EGLC7 0.00 240,000.001093240,000.00 1.650DOUGLS 325.48 0.00 325.481.650101240,000.00259744DS6 0.00 240,000.001094240,000.00 1.750HIGHLD 345.21 0.00 345.211.750101240,000.00319141GT8 0.00 245,000.001095245,000.00 2.250ALLIAN 453.08 0.00 453.082.250101245,000.0001859BAA3 0.00 240,000.001096240,000.00 2.400AMFSB 473.43 0.00 473.432.400101240,000.0002587CFU9 0.00 240,000.001097240,000.00 2.300BARCLY 453.70 0.00 453.702.300101240,000.0006740KLJ4 0.00 498,750.001098500,000.00 1.550TOYOTA 516.66 0.00 516.661.5751010.0089236TDH5 0.00 245,000.001099245,000.00 2.300MTNAMR 339.64 0.00 339.642.3001010.0062384RAC0 0.00 245,000.001100245,000.00 1.750JFFRSN 258.42 0.00 258.421.7501010.00472376AC6 0.00 245,000.001101245,000.00 2.100KANSAS 183.25 0.00 183.252.1001010.0050116CBE8 0.00 245,000.001102245,000.00 2.100BELMNT 126.86 0.00 126.862.1001010.00080515CD9 0.00 498,840.001103500,000.00 1.250USTR 378.14 0.00 378.141.2581010.00912828M64 0.00 996,800.0011041,000,000.00 1.625FHLB 993.05 0.00 993.051.6531010.003130A66T9 0.00 992,200.0011051,000,000.00 1.700FFCB 1,038.89 0.00 1,038.891.7371010.003133EHWM1 0.00 245,000.001106245,000.00 2.200CRS1ST 147.67 0.00 147.672.2001010.0022766ACB9 0.00 245,000.001107245,000.00 2.150ENTRPR 28.86 0.00 28.862.1501010.0029367QCP1 0.00 245,000.001108245,000.00 1.750MSPRIV 176.20 0.00 176.201.7501010.0061760AEP0 0.00 245,000.001109245,000.00 1.800MORGST 181.23 0.00 181.231.8001010.0061747MA92 0.00 95,826,850.25Subtotal 95,690,215.25 1.294 99,711.300.0099,711.3095,335,155.32 0.00 Fund: 1st Empire Securities Cash Bal 0.0010600.00EMPIRE 115.02 0.00 115.020.15710210.85SYS1060 0.00 0.00Subtotal 0.00 0.157 115.020.00115.0210.85 0.00 Fund: Fiscal Agent 3,495.2210583,495.22USBANK 9.60 0.00 9.603.3512313,485.62SYS1058 0.00 3,495.22Subtotal 3,495.22 3.351 9.600.009.603,485.62 0.00 Fund: Housing Authority : WSA and LQ 1,172,628.1310611,172,628.13WSALQ 0.00 0.00 0.002411,126,155.35SYS1061 0.00 145,571.451062145,571.45LQPR 0.00 0.00 0.00241133,595.57SYS1062 0.00 1,318,199.58Subtotal 1,318,199.58 0.000.000.001,259,750.92 0.00 Fund: SA Low/Mod Bond Fund 25,595,000.00111325,595,000.00 1.172LAIF 24,065.61 0.00 24,065.611.14424925,595,000.0025-33-005 0.00 Portfolio CITY CP Run Date: 01/30/2018 - 16:19 TE (PRF_TE) 7.3.6 Report Ver. 7.3.6.1119 Current Rate Ending Par Value Ending Fund Page 4 Book Value Beginning Book Value Adjusted Interest Earnings Accretion Amortization/ Earnings Adjusted Interest November 1, 2017 - November 30, 2017 Total Earnings City of La Quinta Annualized YieldCUSIP Investment # Interest EarnedIssuer Realized Gainl/Loss 25,595,000.00Subtotal 25,595,000.00 1.144 24,065.610.0024,065.6125,595,000.00 0.00 122,743,545.05Total 122,606,910.05 1.240 123,901.530.00123,901.53122,193,402.71 0.00 Portfolio CITY CP Run Date: 01/30/2018 - 16:19 TE (PRF_TE) 7.3.6 Report Ver. 7.3.6.1120 121 Days to Maturity Page 1 Par Value Book Value Maturity Date Stated RateMarket Value December 31, 2017 Portfolio Details - Investments Average BalanceIssuer Portfolio Management City of La Quinta YTM 365TermCUSIPInvestment # Purchase Date Bank Accounts 1City Petty Cash1059 1,700.00 1,700.0007/01/2016 1,700.00 1SYS1059 0.000 1First Empire Bank1060 59,733.73 59,733.7307/01/2016 59,733.73 1SYS1060 0.000 1La Quinta Palms Realty1062 158,447.30 158,447.3007/01/2016 158,447.30 1SYS1062 0.000 1Wells Fargo1057 1,359,875.09 1,359,875.0907/01/2016 1,359,875.09 14159282482 0.000 1Washington St Apt La Quinta1061 1,150,132.13 1,150,132.1307/01/2016 1,150,132.13 1SYS1061 0.000 2,729,888.25 12,729,888.252,729,888.255,029,465.95Subtotal and Average 1 0.000 Local Agency Invstmnt Fund-Housing 1Local Agency Inv Fund1113 25,595,000.00 25,595,000.00 1.23910/31/2017 25,595,000.00 125-33-005 1.239 25,595,000.00 125,595,000.0025,595,000.0025,595,000.00Subtotal and Average 1 1.239 Local Agency Investment Fund-City 1Local Agency Inv Fund1055 43,575,027.18 43,575,027.18 1.23943,509,010.42 198-33-434 1.239 43,575,027.18 143,509,010.4243,575,027.1840,316,962.66Subtotal and Average 1 1.239 Federal Agency Coupon Securities 557Federal Farm Credit Bank1092 1,000,000.00 992,600.00 07/12/20191.08007/10/2017 986,670.00 7323133EGLC7 1.456 1,339Federal Farm Credit Bank1105 1,000,000.00 992,200.00 09/01/20211.70011/09/2017 984,730.00 1,3923133EHWM1 1.913 1,213Federal Home Loan Bank1053 2,500,000.00 2,491,250.00 04/28/20211.35004/28/2016 2,422,075.00 1,8263130A7QZ1 1.423 1,029Federal Home Loan Bank1064 2,500,000.00 2,500,000.00 10/26/20201.37510/26/2016 2,439,250.00 1,4613130A9UQ2 1.375 984Federal Home Loan Bank1104 1,000,000.00 996,800.00 09/11/20201.62511/09/2017 989,040.00 1,0373130A66T9 1.741 1,213Federal Home Loan Mtg Corp1054 2,500,000.00 2,500,000.00 04/28/20211.25004/28/2016 2,473,850.00 1,8263134G8Y37 2.115 1,548Federal Home Loan Mtg Corp1073 2,000,000.00 1,990,000.00 03/29/20222.00003/29/2017 1,970,320.00 1,8263134GBAE2 2.106 1,458Federal Home Loan Mtg Corp1084 1,000,000.00 999,500.00 12/29/20212.00007/06/2017 986,750.00 1,6373134GBXF4 2.012 1,668Federal Home Loan Mtg Corp1090 1,000,000.00 1,000,000.00 07/27/20222.15007/27/2017 987,710.00 1,8263134GBWG3 2.150 756Federal National Mtg Assn1072 2,000,000.00 2,000,000.00 01/27/20201.70003/27/2017 1,981,680.00 1,0363135G0S53 1.700 16,462,350.00 1,52316,222,075.0016,500,000.0016,462,350.00Subtotal and Average 1,167 1.768 Treasury Coupon Securities 1,276U.S. Treasury1045 5,000,000.00 5,000,000.00 06/30/20211.12507/18/2016 4,842,200.00 1,808912828S27 1.125 287U.S. Treasury1063 2,500,000.00 2,502,250.00 10/15/20180.87510/24/2016 2,483,800.00 721912828L81 0.829 820U.S. Treasury1068 2,500,000.00 2,483,250.00 03/31/20201.37503/20/2017 2,470,700.00 1,107912828J84 1.602 713U.S. Treasury1069 2,500,000.00 2,490,750.00 12/15/20191.37503/20/2017 2,475,400.00 1,000912828U73 1.513 1,399U.S. Treasury1070 2,000,000.00 1,942,800.00 10/31/20211.25003/27/2017 1,937,500.00 1,679912828T67 1.903 89U.S. Treasury1071 2,000,000.00 1,998,125.00 03/31/20180.87503/27/2017 1,997,500.00 369912828Q45 0.968 Portfolio CITY CP Run Date: 02/07/2018 - 09:12 PM (PRF_PM2) 7.3.0 Report Ver. 7.3.6.1 122 Days to Maturity Page 2 Par Value Book Value Maturity Date Stated RateMarket Value December 31, 2017 Portfolio Details - Investments Average BalanceIssuer Portfolio Management City of La Quinta YTM 365TermCUSIPInvestment # Purchase Date Treasury Coupon Securities 318U.S. Treasury1103 500,000.00 498,840.00 11/15/20181.25011/09/2017 497,715.00 371912828M64 1.481 16,916,015.00 1,19816,704,815.0017,000,000.0016,916,015.00Subtotal and Average 826 1.290 Certificate of Deposits 504First Business Bank1019 240,000.00 240,000.00 05/20/20191.75005/20/2014 239,690.40 1,82631938QH72 1.751 689First Farmers Bank &Trust Co.1091 240,000.00 240,000.00 11/21/20191.65007/21/2017 238,507.20 853320165HX4 1.653 302First Merchants Bank1020 240,000.00 240,000.00 10/30/20181.50004/30/2014 240,309.60 1,64432082BDF3 1.501 28Third Federal Savings and Loan1038 240,000.00 240,000.00 01/29/20181.25004/29/2014 240,000.00 1,37188413QAN8 1.251 1,746Alliance Credit Union1095 245,000.00 245,000.00 10/13/20222.25010/13/2017 242,665.15 1,82601859BAA3 2.251 357Ally Bank Midvale1001 240,000.00 240,000.00 12/24/20181.70012/24/2015 239,791.20 1,09602006LWX7 1.702 1,204Amex Centurion1077 240,000.00 240,000.00 04/19/20212.25004/19/2017 238,924.80 1,46102587DP85 2.252 1,701American Express Fed Savings B1096 240,000.00 240,000.00 08/29/20222.40008/29/2017 238,780.80 1,82602587CFU9 2.402 1,758Barclays Bank1097 240,000.00 240,000.00 10/25/20222.30010/25/2017 238,154.40 1,82606740KLJ4 2.301 1,421Belmont Savings Bank1102 245,000.00 245,000.00 11/22/20212.10011/21/2017 243,525.10 1,462080515CD9 2.101 119Berkshire Bank1004 240,000.00 240,000.00 04/30/20181.35004/30/2014 240,076.80 1,461084601AL7 1.351 1,515BMW Bank1067 240,000.00 240,000.00 02/24/20222.20002/24/2017 238,975.20 1,82605580AGK4 2.201 1,109Bankers Bank1086 240,000.00 240,000.00 01/14/20211.80007/14/2017 237,254.40 1,28006610RAP4 1.804 1,253Capital One Natl Assn FDIC42971082 240,000.00 240,000.00 06/07/20212.25006/07/2017 240,218.40 1,46114042RGD7 2.252 891Capital One USA FDIC339541006 245,000.00 245,000.00 06/10/20201.90006/10/2015 244,181.70 1,827140420RX0 1.902 77Carolina Alliance1007 248,000.00 248,000.00 03/19/20181.00006/19/2015 247,804.08 1,00414376RAM9 1.000 1,148Comenity Capital Bank1009 240,000.00 240,000.00 02/22/20211.70002/22/2016 236,366.40 1,82720033APG5 1.702 225CitiBank1008240,000.00 240,000.00 08/14/20181.90008/14/2013 240,511.20 1,82617284CKN3 1.901 1,290Central State Bank1085 240,000.00 240,000.00 07/14/20211.85007/14/2017 236,887.20 1,46115523RBJ4 1.851 155Compass Bank1010 248,000.00 248,000.00 06/05/20181.35006/05/2015 247,848.72 1,09620451PLG9 1.351 520Connect One1011 248,000.00 248,000.00 06/05/20191.50006/05/2015 247,241.12 1,46120786ABD6 1.501 119Cornerstone Community Bank1012 240,000.00 240,000.00 04/30/20181.35004/30/2014 239,930.40 1,461219240AZ1 1.351 119Crescent Bank and Trust1013 240,000.00 240,000.00 04/30/20181.30004/30/2014 239,892.00 1,461225645DC1 1.301 1,782CrossFirst Bank1106 245,000.00 245,000.00 11/18/20222.20011/20/2017 241,778.25 1,82422766ACB9 2.201 1,492Discover Bank Greenwood DE CF1066 240,000.00 240,000.00 02/01/20222.25002/01/2017 239,599.20 1,8262546722U1 2.251 750Douglas National Bank1093 240,000.00 240,000.00 01/21/20201.65007/19/2017 238,188.00 916259744DS6 1.655 74Embassy National1015 248,000.00 248,000.00 03/16/20181.00006/17/2015 247,915.68 1,003290800AL5 1.000 1,792Enterprise Bank, NA1107 245,000.00 245,000.00 11/28/20222.15011/28/2017 241,121.65 1,82629367QCP1 2.151 484Ephrata Bank1016 240,000.00 240,000.00 04/30/20191.65004/30/2014 240,542.40 1,826294209AQ4 1.651 886EverBank1017248,000.00 248,000.00 06/05/20201.70006/05/2015 245,723.36 1,82729976DXX3 1.702 400Farmers & Merch1018 248,000.00 248,000.00 02/05/20191.25006/05/2015 246,606.24 1,341307814DC4 1.252 1,086Freedom Credit Union1111 245,000.00 245,000.00 12/22/20202.05012/22/2017 244,071.45 1,09635638BAA9 2.052 Portfolio CITY CP Run Date: 02/07/2018 - 09:12 PM (PRF_PM2) 7.3.0 123 Days to Maturity Page 3 Par Value Book Value Maturity Date Stated RateMarket Value December 31, 2017 Portfolio Details - Investments Average BalanceIssuer Portfolio Management City of La Quinta YTM 365TermCUSIPInvestment # Purchase Date Certificate of Deposits 504Gulf Coast Bank1024 240,000.00 240,000.00 05/20/20191.75005/19/2014 239,690.40 1,827402194EB6 1.724 1,576Goldman Sachs1078 240,000.00 240,000.00 04/26/20222.40004/26/2017 240,501.60 1,82638148PJK4 2.401 924First Bank of Highland1094 240,000.00 240,000.00 07/13/20201.75007/13/2017 237,897.60 1,096319141GT8 1.752 1,655HSBC Bank USA, National Associ1088 240,000.00 240,000.00 07/14/20222.30007/14/2017 238,975.20 1,82640434YLE5 2.300 11Independent Bank1025 248,000.00 248,000.00 01/12/20180.90006/12/2015 247,990.08 94545383UQY4 0.902 862Jefferson Bank & Trust1100 245,000.00 245,000.00 05/12/20201.75011/09/2017 243,150.25 915472376AC6 1.751 1,597Kansas State Bank1101 245,000.00 245,000.00 05/17/20222.10011/17/2017 242,322.15 1,64250116CBE8 2.099 1,823Knoxville TVA Credit Union1110 245,000.00 245,000.00 12/29/20222.40012/29/2017 243,699.05 1,826499724AB8 2.402 155MB Financial Bank1027 248,000.00 248,000.00 06/05/20181.10006/05/2015 247,732.16 1,09655266CME3 1.101 114Medallion Bank1028 240,000.00 240,000.00 04/25/20181.35004/25/2014 239,940.00 1,46158403BL95 1.351 918Mercantile Bank of Michigan1087 240,000.00 240,000.00 07/07/20201.75007/07/2017 237,928.80 1,09658740XZL7 1.750 161MFR Trade & Trust1026 248,000.00 248,000.00 06/11/20181.20006/10/2015 247,665.20 1,097564759QT8 1.033 893Bank Midwest1002 248,000.00 248,000.00 06/12/20201.65006/12/2015 245,383.60 1,827063615AVO 1.652 686Morgan Stanley Bank1109 245,000.00 245,000.00 11/18/20191.80011/16/2017 244,176.80 73261747MA92 1.800 345Morton Community1030 248,000.00 248,000.00 12/12/20181.25006/12/2015 247,365.12 1,279619165GE7 1.251 128Merrick Bank1029 240,000.00 240,000.00 05/09/20181.35005/09/2014 240,079.20 1,46159012Y6Q5 1.351 686Morgan Stanley Private Bk, NA1108 245,000.00 245,000.00 11/18/20191.75011/16/2017 243,948.95 73261760AEP0 1.750 1,772Mountain America Federal CU1099 245,000.00 245,000.00 11/08/20222.30011/08/2017 242,993.45 1,82662384RAC0 2.301 1,479The Ohio Valley Bank1089 240,000.00 240,000.00 01/19/20221.90007/19/2017 236,431.20 1,645677721CN0 1.903 512Peapack-Gladstone Bank1031 240,000.00 240,000.00 05/28/20191.80005/28/2014 240,504.00 1,826704692AL6 1.801 1,241PrivateBank & Trust1032 240,000.00 240,000.00 05/26/20211.50005/26/2016 235,130.40 1,82674267GVG9 1.501 196Regal Bank1033 240,000.00 240,000.00 07/16/20181.40005/16/2014 240,122.40 1,52275874TAH4 1.401 1,057Fist Bank RIchmond1081 245,000.00 245,000.00 11/23/20201.80006/21/2017 242,466.70 1,251319267GC8 1.802 612Riverwood1034248,000.00 248,000.00 09/05/20191.40006/05/2015 247,151.84 1,55376951DAL4 1.402 1,632Sallie Mae Bank Salt Lake CIty1083 240,000.00 240,000.00 06/21/20222.35006/21/2017 239,635.20 1,826795450A70 2.351 98South Atlantic1036 248,000.00 248,000.00 04/09/20181.00006/09/2015 247,719.76 1,03583637AAP9 1.001 519Solomon State1035 248,000.00 248,000.00 06/04/20191.40006/04/2015 247,243.60 1,46183427LAX2 1.401 841Stearnes Bank, N.A.1076 240,000.00 240,000.00 04/21/20201.60004/21/2017 237,472.80 1,096857894TC3 1.588 1,613Synchrony Bank Retail1080 240,000.00 240,000.00 06/02/20222.40006/02/2017 240,266.40 1,82687164XQV1 2.401 477Webster Bank1042 240,000.00 240,000.00 04/23/20191.80004/23/2014 240,518.40 1,82694768NJQ8 1.801 421Wells Fargo1043 240,000.00 240,000.00 02/26/20191.20002/26/2016 239,611.20 1,0969497483N5 1.201 15,297,000.00 1,46615,228,796.0115,297,000.0014,989,741.94Subtotal and Average 832 1.724 Corporate Notes 1,311Apple Inc1079 500,000.00 493,050.00 08/04/20211.55006/12/2017 485,760.00 1,514037833CC2 1.900 424Johnson and Johnson Corp1075 2,000,000.00 1,993,200.00 03/01/20191.12503/29/2017 1,979,920.00 702478160BR4 1.305 Portfolio CITY CP Run Date: 02/07/2018 - 09:12 PM (PRF_PM2) 7.3.0 124 Days to Maturity Page 4 Par Value Book Value Maturity Date Stated RateMarket Value December 31, 2017 Portfolio Details - Investments Average BalanceIssuer Portfolio Management City of La Quinta YTM 365TermCUSIPInvestment # Purchase Date Corporate Notes 655Toyota Motor Credit Corp1098 500,000.00 498,750.00 10/18/20191.55011/07/2017 495,560.00 71089236TDH5 1.681 2,985,000.00 8372,961,240.003,000,000.002,985,000.00Subtotal and Average 609 1.466 Money Market with Fiscal Agent 1US Bank1058 3,496.57 3,496.5707/01/2016 3,496.57 1SYS1058 0.000 3,496.57 13,496.573,496.573,495.26Subtotal and Average 1 0.000 Managed Pool Accounts-OPEB Trust 1CalPERS CERBT Plan1114 1,523,400.00 1,523,400.0012/18/2017 1,523,400.00 1SYS1114 0.000 1,523,400.00 11,523,400.001,523,400.00687,987.10Subtotal and Average 1 0.000 562122,986,017.91 125,223,812.00 382 1.338124,477,721.25 125,087,177.00Total and Average Portfolio CITY CP Run Date: 02/07/2018 - 09:12 PM (PRF_PM2) 7.3.0 125 Days to Maturity Page 5 Par Value Book Value Stated RateMarket Value December 31, 2017 Portfolio Details - Cash Average BalanceIssuer Portfolio Management City of La Quinta YTM 365TermCUSIPInvestment # Purchase Date 0.00 562122,986,017.91 125,223,812.00 382 1.338 0 0 120.99 120.99 120.99 120.99 Subtotal Accrued Interest at PurchaseAverage Balance 124,477,842.24 125,087,297.99Total Cash and Investments Portfolio CITY CP Run Date: 02/07/2018 - 09:12 PM (PRF_PM2) 7.3.0 126 City of La Quinta Total Earnings City of La Quinta - Sorted by Fund - Fund December 1, 2017 - December 31, 2017 Current Rate Ending Par Value Ending Fund Book Value Beginning Book Value Adjusted Interest Earnings Accretion Amortization/ Earnings Adjusted InterestAnnualized YieldCUSIP Investment # Interest EarnedIssuer Realized Gainl/Loss Fund: General Fund 240,000.001001240,000.00 1.700ALLY 346.52 0.00 346.521.700101240,000.0002006LWX7 0.00 248,000.001002248,000.00 1.650MIDWES 347.54 0.00 347.541.650101248,000.00063615AVO 0.00 240,000.001004240,000.00 1.350BERKS 275.18 0.00 275.181.350101240,000.00084601AL7 0.00 245,000.001006245,000.00 1.900CAPONE 395.36 0.00 395.361.900101245,000.00140420RX0 0.00 248,000.001007248,000.00 1.000CAROL 210.63 0.00 210.631.000101248,000.0014376RAM9 0.00 240,000.001008240,000.00 1.900CITI 387.28 0.00 387.281.900101240,000.0017284CKN3 0.00 240,000.001009240,000.00 1.700CCBA 346.52 0.00 346.521.700101240,000.0020033APG5 0.00 248,000.001010248,000.00 1.350COMP 284.35 0.00 284.351.350101248,000.0020451PLG9 0.00 248,000.001011248,000.00 1.500CONNEC 315.95 0.00 315.951.500101248,000.0020786ABD6 0.00 240,000.001012240,000.00 1.350CORNER 275.18 0.00 275.181.350101240,000.00219240AZ1 0.00 240,000.001013240,000.00 1.300CRESC 264.98 0.00 264.981.300101240,000.00225645DC1 0.00 248,000.001015248,000.00 1.000EMBNAT 210.63 0.00 210.631.000101248,000.00290800AL5 0.00 240,000.001016240,000.00 1.650EPHRAT 336.33 0.00 336.331.650101240,000.00294209AQ4 0.00 248,000.001017248,000.00 1.700EVRBA 358.07 0.00 358.071.700101248,000.0029976DXX3 0.00 248,000.001018248,000.00 1.250FARMER 263.28 0.00 263.281.250101248,000.00307814DC4 0.00 240,000.001019240,000.00 1.7501STBUS 356.71 0.00 356.711.750101240,000.0031938QH72 0.00 240,000.001020240,000.00 1.5001STMER 305.75 0.00 305.751.500101240,000.0032082BDF3 0.00 240,000.001024240,000.00 1.750GCB 356.71 0.00 356.711.750101240,000.00402194EB6 0.00 248,000.001025248,000.00 0.900INDEP 189.56 0.00 189.560.900101248,000.0045383UQY4 0.00 248,000.001026248,000.00 1.200MFR 252.76 0.00 252.761.200101248,000.00564759QT8 0.00 248,000.001027248,000.00 1.100MBFIN 231.69 0.00 231.691.100101248,000.0055266CME3 0.00 240,000.001028240,000.00 1.350MEDBA 275.18 0.00 275.181.350101240,000.0058403BL95 0.00 240,000.001029240,000.00 1.350MRRCK 275.18 0.00 275.181.350101240,000.0059012Y6Q5 0.00 248,000.001030248,000.00 1.250MORTN 263.28 0.00 263.281.250101248,000.00619165GE7 0.00 240,000.001031240,000.00 1.800PEAPAC 366.90 0.00 366.901.800101240,000.00704692AL6 0.00 240,000.001032240,000.00 1.500PRVTBA 305.75 0.00 305.751.500101240,000.0074267GVG9 0.00 240,000.001033240,000.00 1.400REGAL 285.37 0.00 285.371.400101240,000.0075874TAH4 0.00 248,000.001034248,000.00 1.400RVRW 294.88 0.00 294.881.400101248,000.0076951DAL4 0.00 248,000.001035248,000.00 1.400SOLOM 294.88 0.00 294.881.400101248,000.0083427LAX2 0.00 248,000.001036248,000.00 1.000SOATL 210.63 0.00 210.631.000101248,000.0083637AAP9 0.00 Portfolio CITY CP Run Date: 01/30/2018 - 16:21 TE (PRF_TE) 7.3.6 Report Ver. 7.3.6.1127 Current Rate Ending Par Value Ending Fund Page 2 Book Value Beginning Book Value Adjusted Interest Earnings Accretion Amortization/ Earnings Adjusted Interest December 1, 2017 - December 31, 2017 Total Earnings City of La Quinta Annualized YieldCUSIP Investment # Interest EarnedIssuer Realized Gainl/Loss Fund: General Fund 240,000.001038240,000.00 1.2503RD 254.80 0.00 254.801.250101240,000.0088413QAN8 0.00 240,000.001042240,000.00 1.800WEB 366.91 0.00 366.911.800101240,000.0094768NJQ8 0.00 240,000.001043240,000.00 1.200WELLS 244.61 0.00 244.611.200101240,000.009497483N5 0.00 0.0010440.00 1.0001STNAT 67.94 0.00 67.941.000101248,000.00330459AY4 0.00 5,000,000.0010455,000,000.00 1.125USTR 4,740.99 0.00 4,740.991.1161015,000,000.00912828S27 0.00 2,491,250.0010532,500,000.00 1.350FHLB 2,812.50 0.00 2,812.501.3291012,491,250.003130A7QZ1 0.00 2,500,000.0010542,500,000.00 1.250FHLMC 2,604.17 0.00 2,604.171.2261012,500,000.003134G8Y37 0.00 43,575,027.18105543,575,027.18 1.239LAIF 41,258.27 0.00 41,258.271.20510140,575,027.1898-33-434 0.00 1,359,875.0910571,359,875.09WELLS 0.01 0.00 0.011013,695,123.074159282482 0.00 1,700.0010591,700.00CITYPC 0.00 0.00 0.001011,700.00SYS1059 0.00 2,502,250.0010632,500,000.00 0.875USTR 1,862.98 0.00 1,862.980.8771012,502,250.00912828L81 0.00 2,500,000.0010642,500,000.00 1.375FHLB 2,864.59 0.00 2,864.591.3491012,500,000.003130A9UQ2 0.00 240,000.001066240,000.00 2.250DISCOV 458.63 0.00 458.632.250101240,000.002546722U1 0.00 240,000.001067240,000.00 2.200BMW 448.44 0.00 448.442.200101240,000.0005580AGK4 0.00 2,483,250.0010682,500,000.00 1.375USTR 2,927.54 0.00 2,927.541.3881012,483,250.00912828J84 0.00 2,490,750.0010692,500,000.00 1.375USTR 2,920.32 0.00 2,920.321.3801012,490,750.00912828U73 0.00 1,942,800.0010702,000,000.00 1.250USTR 2,140.89 0.00 2,140.891.2971011,942,800.00912828T67 0.00 1,998,125.0010712,000,000.00 0.875USTR 1,490.38 0.00 1,490.380.8781011,998,125.00912828Q45 0.00 2,000,000.0010722,000,000.00 1.700FNMA 2,833.33 0.00 2,833.331.6681012,000,000.003135G0S53 0.00 1,990,000.0010732,000,000.00 2.000FHLMC 3,333.33 0.00 3,333.331.9721011,990,000.003134GBAE2 0.00 1,993,200.0010752,000,000.00 1.125J&J 1,875.00 0.00 1,875.001.1081011,993,200.00478160BR4 0.00 240,000.001076240,000.00 1.600STRNS 326.14 0.00 326.141.600101240,000.00857894TC3 0.00 240,000.001077240,000.00 2.250AMEX 458.63 0.00 458.632.250101240,000.0002587DP85 0.00 240,000.001078240,000.00 2.400GLDMAN 489.21 0.00 489.212.400101240,000.0038148PJK4 0.00 493,050.001079500,000.00 1.550APPL 645.83 0.00 645.831.542101493,050.00037833CC2 0.00 240,000.001080240,000.00 2.400SYNCHR 489.21 0.00 489.212.400101240,000.0087164XQV1 0.00 245,000.001081245,000.00 1.800RICHMN 374.55 0.00 374.551.800101245,000.00319267GC8 0.00 240,000.001082240,000.00 2.250CAP1NA 458.63 0.00 458.632.250101240,000.0014042RGD7 0.00 240,000.001083240,000.00 2.350SALMAE 467.63 0.00 467.632.294101240,000.00795450A70 0.00 999,500.0010841,000,000.00 2.000FHLMC 1,666.67 0.00 1,666.671.963101999,500.003134GBXF4 0.00 240,000.001085240,000.00 1.850CNTRL 377.10 0.00 377.101.850101240,000.0015523RBJ4 0.00 240,000.001086240,000.00 1.800BNKRS 366.90 0.00 366.901.800101240,000.0006610RAP4 0.00 240,000.001087240,000.00 1.750MERCTL 353.80 0.00 353.801.736101240,000.0058740XZL7 0.00 240,000.001088240,000.00 2.300HSBC 465.00 0.00 465.002.281101240,000.0040434YLE5 0.00 240,000.001089240,000.00 1.900OHVAL 387.28 0.00 387.281.900101240,000.00677721CN0 0.00 1,000,000.0010901,000,000.00 2.150FHLMC 1,791.66 0.00 1,791.662.1101011,000,000.003134GBWG3 0.00 240,000.001091240,000.00 1.6501STFRM 336.33 0.00 336.331.650101240,000.00320165HX4 0.00 Portfolio CITY CP Run Date: 01/30/2018 - 16:21 TE (PRF_TE) 7.3.6 Report Ver. 7.3.6.1128 Current Rate Ending Par Value Ending Fund Page 3 Book Value Beginning Book Value Adjusted Interest Earnings Accretion Amortization/ Earnings Adjusted Interest December 1, 2017 - December 31, 2017 Total Earnings City of La Quinta Annualized YieldCUSIP Investment # Interest EarnedIssuer Realized Gainl/Loss Fund: General Fund 992,600.0010921,000,000.00 1.080FFCB 900.00 0.00 900.001.068101992,600.003133EGLC7 0.00 240,000.001093240,000.00 1.650DOUGLS 336.33 0.00 336.331.650101240,000.00259744DS6 0.00 240,000.001094240,000.00 1.750HIGHLD 356.71 0.00 356.711.750101240,000.00319141GT8 0.00 245,000.001095245,000.00 2.250ALLIAN 468.19 0.00 468.192.250101245,000.0001859BAA3 0.00 240,000.001096240,000.00 2.400AMFSB 489.20 0.00 489.202.400101240,000.0002587CFU9 0.00 240,000.001097240,000.00 2.300BARCLY 468.82 0.00 468.822.300101240,000.0006740KLJ4 0.00 498,750.001098500,000.00 1.550TOYOTA 645.84 0.00 645.841.525101498,750.0089236TDH5 0.00 245,000.001099245,000.00 2.300MTNAMR 478.59 0.00 478.592.300101245,000.0062384RAC0 0.00 245,000.001100245,000.00 1.750JFFRSN 364.15 0.00 364.151.750101245,000.00472376AC6 0.00 245,000.001101245,000.00 2.100KANSAS 436.97 0.00 436.972.100101245,000.0050116CBE8 0.00 245,000.001102245,000.00 2.100BELMNT 436.98 0.00 436.982.100101245,000.00080515CD9 0.00 498,840.001103500,000.00 1.250USTR 535.22 0.00 535.221.263101498,840.00912828M64 0.00 996,800.0011041,000,000.00 1.625FHLB 1,354.17 0.00 1,354.171.600101996,800.003130A66T9 0.00 992,200.0011051,000,000.00 1.700FFCB 1,416.67 0.00 1,416.671.681101992,200.003133EHWM1 0.00 245,000.001106245,000.00 2.200CRS1ST 457.78 0.00 457.782.200101245,000.0022766ACB9 0.00 245,000.001107245,000.00 2.150ENTRPR 447.38 0.00 447.382.150101245,000.0029367QCP1 0.00 245,000.001108245,000.00 1.750MSPRIV 364.14 0.00 364.141.750101245,000.0061760AEP0 0.00 245,000.001109245,000.00 1.800MORGST 374.55 0.00 374.551.800101245,000.0061747MA92 0.00 245,000.001110245,000.00 2.400KNOX 48.33 0.00 48.332.4001010.00499724AB8 0.00 245,000.001111245,000.00 2.050FREECU 137.60 0.00 137.602.0501010.0035638BAA9 0.00 1,523,400.0011141,523,400.00CALPRS 0.00 0.00 0.001010.00SYS1114 0.00 98,257,002.27Subtotal 98,120,367.27 1.280 104,360.850.00104,360.8595,690,215.25 0.00 Fund: 1st Empire Securities Cash Bal 59,733.73106059,733.73EMPIRE 31.05 0.00 31.050.4031020.00SYS1060 0.00 59,733.73Subtotal 59,733.73 0.403 31.050.0031.050.00 0.00 Fund: Fiscal Agent 3,496.5710583,496.57USBANK 1.35 0.00 1.350.4552313,495.22SYS1058 0.00 3,496.57Subtotal 3,496.57 0.455 1.350.001.353,495.22 0.00 Fund: Housing Authority : WSA and LQ 1,150,132.1310611,150,132.13WSALQ 0.00 0.00 0.002411,172,628.13SYS1061 0.00 158,447.301062158,447.30LQPR 0.00 0.00 0.00241145,571.45SYS1062 0.00 1,308,579.43Subtotal 1,308,579.43 0.000.000.001,318,199.58 0.00 Portfolio CITY CP Run Date: 01/30/2018 - 16:21 TE (PRF_TE) 7.3.6 Report Ver. 7.3.6.1129 Current Rate Ending Par Value Ending Fund Page 4 Book Value Beginning Book Value Adjusted Interest Earnings Accretion Amortization/ Earnings Adjusted Interest December 1, 2017 - December 31, 2017 Total Earnings City of La Quinta Annualized YieldCUSIP Investment # Interest EarnedIssuer Realized Gainl/Loss Fund: SA Low/Mod Bond Fund 25,595,000.00111325,595,000.00 1.239LAIF 25,524.18 0.00 25,524.181.17424925,595,000.0025-33-005 0.00 25,595,000.00Subtotal 25,595,000.00 1.174 25,524.180.0025,524.1825,595,000.00 0.00 125,223,812.00Total 125,087,177.00 1.244 129,917.430.00129,917.43122,606,910.05 0.00 Portfolio CITY CP Run Date: 01/30/2018 - 16:21 TE (PRF_TE) 7.3.6 Report Ver. 7.3.6.1130 City of La Quinta -City of La Quinta Maturity Report Sorted by Maturity Date Received or due during October 1, 2017 - December 31, 2017 Rate at MaturityPar Value Sec. TypeFund Maturity Date Maturity ProceedsInterest Income Net CUSIP Investment #Issuer Purchase Date Book Value at Maturity 240,000.00 1.100 240,224.22224.2205/30/2014TRAV1040894333FE8MC110111/30/2017 224.22240,000.00 248,000.00 1.000 248,203.84203.8406/11/20151STNAT1044330459AY4MC110112/11/2017 203.84248,000.00 488,428.06Total Maturities 488,000.00 428.06488,000.00 428.06 Portfolio CITY CP Run Date: 01/30/2018 - 16:37 MA (PRF_MA) 7.1.1 Report Ver. 7.3.6.1 131 City of La Quinta -City of La Quinta Purchases Report Sorted by Fund - Fund October 1, 2017 - December 31, 2017 Original Par Value Ending Book Value Sec. TypeFund Maturity YTM Accrued Interest at PurchasePayment Periods DateCUSIPInvestment #Issuer Purchase Date Principal Purchased Rate at Purchase General Fund 245,000.00 2.250 10/13/2022 245,000.00245,000.0010/13/2017 2.25104/13 - 10/13ALLIAN109501859BAA3MC1101 240,000.00 2.300 10/25/2022 240,000.00240,000.00 120.9910/25/2017 2.30104/17 - 10/17BARCLY109706740KLJ4MC1101 500,000.00 1.550 10/18/2019 498,750.00498,750.00 Received11/07/2017 1.68104/18 - 10/18TOYOTA109889236TDH5MC2101 245,000.00 2.300 11/08/2022 245,000.00245,000.0011/08/2017 2.30112/08 - MonthlyMTNAMR109962384RAC0MC1101 1,000,000.00 1.700 09/01/2021 992,200.00992,200.00 Received11/09/2017 1.91303/01 - 09/01FFCB11053133EHWM1FAC101 1,000,000.00 1.625 09/11/2020 996,800.00996,800.00 Received11/09/2017 1.74103/11 - 09/11FHLB11043130A66T9FAC101 245,000.00 1.750 05/12/2020 245,000.00245,000.0011/09/2017 1.75102/09 - QuarterlyJFFRSN1100472376AC6MC1101 500,000.00 1.250 11/15/2018 498,840.00498,840.00 Received11/09/2017 1.48111/15 - 05/15USTR1103912828M64TRC101 245,000.00 1.800 11/18/2019 245,000.00245,000.0011/16/2017 1.80005/16 - 11/16MORGST110961747MA92MC1101 245,000.00 1.750 11/18/2019 245,000.00245,000.0011/16/2017 1.75005/16 - 11/16MSPRIV110861760AEP0MC1101 245,000.00 2.100 05/17/2022 245,000.00245,000.0011/17/2017 2.09912/17 - MonthlyKANSAS110150116CBE8MC1101 245,000.00 2.200 11/18/2022 245,000.00245,000.0011/20/2017 2.20112/20 - MonthlyCRS1ST110622766ACB9MC1101 245,000.00 2.100 11/22/2021 245,000.00245,000.0011/21/2017 2.10112/21 - MonthlyBELMNT1102080515CD9MC1101 245,000.00 2.150 11/28/2022 245,000.00245,000.0011/28/2017 2.15112/28 - MonthlyENTRPR110729367QCP1MC1101 1,523,400.00 1,523,400.001,523,400.0012/18/2017 12/31 - MonthlyCALPRS1114SYS1114LA2101 245,000.00 2.050 12/22/2020 245,000.00245,000.0012/22/2017 2.05206/22 - 12/22FREECU111135638BAA9MC1101 245,000.00 2.400 12/29/2022 245,000.00245,000.0012/29/2017 2.40202/01 - MonthlyKNOX1110499724AB8MC1101 Subtotal 7,444,990.007,444,990.00 120.997,458,400.00 SA Low/Mod Bond Fund 25,595,000.00 25,595,000.0025,595,000.0010/31/2017 01/15 - QuarterlyLAIF111325-33-005 LA1249 Subtotal 25,595,000.0025,595,000.00 0.0025,595,000.00 Managed Pool Deposits Rate Deposit Amount Deposit Date Deposit Amount 4,000,000.00 0.9784,000,000.0012/29/2017LAIF105598-33-434 LA5101 Subtotal 4,000,000.004,000,000.00 37,039,990.00Total Purchases and Deposits 37,053,400.00 120.99 33,039,990.00 Received = Accrued Interest at Purchase was received by report ending date. Portfolio CITY CP Run Date: 01/30/2018 - 16:35 PU (PRF_PU) 7.1.1 Report Ver. 7.3.6.1132 City of La Quinta -City of La Quinta Sales/Call Report Sorted by Maturity Date - Fund October 1, 2017 - December 31, 2017 Redem. Date Redemption Principal Redemption Interest Book Value at Redem. Total Amount Net IncomeFundMatur. Date Rate at Redem. Par ValueSec. TypeCUSIPInvestment # Issuer Purchase Date 04/29/2019 240,000.00 240,000.00 240,480.00 2,161.32100306740KGR210/19/2017 242,641.32 2,641.32101 BARCLY MC1 04/29/2019 04/29/2014 1.900 Sale Subtotal 240,000.00 240,480.00 2,161.32240,000.00 242,641.32 2,641.32 Managed Pool Withdrawals Withdrawal Date Withdrawal Amount Current Rate Withdrawal Amount Withdrawal Amount 5,000,000.00 5,000,000.00105511/03/2017 5,000,000.00LAIF1.239 1,000,000.00 1,000,000.00105512/12/2017 1,000,000.00LAIF1.239 Subtotal 6,000,000.006,000,000.00 6,000,000.00 6,240,480.00Total Sales and Withdrawals 6,240,000.00 2,161.32240,000.00 6,242,641.32 2,641.32 Portfolio CITY CP Run Date: 01/30/2018 - 16:39 SA (PRF_SA) 7.1.1 Report Ver. 7.3.6.1 133 US Treasury Rates https://www.treasury.gov/resource-center/data-chart-center/interest-rates/Pages/TextView.aspx?data=yieldYear&year=2017 Commercial Paper Rates https://www.federalreserve.gov/releases/cp/rates.htm Date 1 mo 3 mo 6 mo 1 yr 2 yr 3 yr 5 yr 7 yr 10 yr 20 yr 30 yr 9/29/2017 0.96 1.06 1.20 1.31 1.47 1.62 1.92 2.16 2.33 2.63 2.86 10/31/2017 0.99 1.15 1.28 1.43 1.6 1.73 2.01 2.23 2.38 2.66 2.88 11/30/2017 1.14 1.27 1.44 1.62 1.78 1.9 2.14 2.31 2.42 2.65 2.83 12/29/2017 1.28 1.39 1.53 1.76 1.89 1.98 2.2 2.33 2.4 2.58 2.74 134 City of La Quinta CITY COUNCIL MEETING: February 20, 2018 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION DESIGNATING SPEED LIMITS FOR JEFFERSON STREET FROM AVENUE 58 TO QUARRY LANE RECOMMENDATION Adopt a resolution approving legal speed limits on Jefferson Street, from Avenue 58 to Quarry Lane, as recommended in the 2018 Engineering and Traffic Survey. EXECUTIVE SUMMARY The City Traffic Engineer recommended that a speed survey be conducted on Jefferson Street between Avenue 58 and Quarry Lane due to the recent completion of a curve warning sign analysis report. The engineering and speed survey accounts for: 1) prevailing speed, 2) accident history, and 3) roadway characteristics not apparent to the motorist. The survey results indicate that the posted speed limit should be 30 versus the current 40 miles per hour for this roadway segment. FISCAL IMPACT Replacing these signs will cost $250; Gas Tax funds are available in the Traffic Control Signs budget (201-7003-60429). BACKGROUND/ANALYSIS In order to enforce speed limits using radar, speed limits must be set in accordance with the California Vehicle Code (CVC). Per the CVC, vehicle speeds are determined by the behavior of a majority of drivers during normal driving conditions. Jurisdictions may not establish arbitrary speed limits. Attachment 1 presents speed limits for the entire City. The City retained Willdan to survey speeds on Jefferson Street, from Avenue 58 to Quarry Lane. The City Traffic Engineer recommended this speed survey be performed when it was discovered that the existing curve warning signs were posted for a speed that was higher than the posted speed limit. The 2018 Engineering and Traffic Survey presents the following recommended speed limit for these roadway segments: Street Segment Posted Proposed Jefferson Street Avenue 58 to Quarry Lane 40 30 CONSENT CALENDAR ITEM NO. 9 135 ALTERNATIVES No alternative is recommended. Prepared by: Carley Escarrega, Management Assistant Approved by: Bryan McKinney, P.E., City Engineer Attachment: 1. Speed Limit Map 136 137 138 ATTACHMENT 1 139 140 City of La Quinta CITY COUNCIL MEETING: February 20, 2018 STAFF REPORT AGENDA TITLE: APPROVE PILLARS OF THE COMMUNITY NOMINEES RECOMMENDATION Approve the Pillars of the Community nominees as recommended by the Community Services Commission. EXECUTIVE SUMMARY •On February 12, 2018, the Community Services Commission (Commission) unanimously recommended approval of two nominees for the Pillars of the Community awards. •The Pillars of the Community event is scheduled for March 27, 2018. FISCAL IMPACT The total cost for the plaque is $200. Funds are available in the Community Resources Community Experiences budget (101-3003-60149). BACKGROUND/ANALYSIS In 2014, Council directed staff to rework the Pillars of the Community nomination criteria to include more biographical information, omit the twenty-five (25) signatures requirement, and present nominations to the Commission for review and recommendation. Nominee criteria includes: (1) city residency with a minimum of three years, (2) significant contribution to City development, and (3) recognition for contribution efforts. Community members submitted three nominees for consideration but only two were recommended by the Commission. The chart below summarizes these two recommendations. BUSINESS SESSION ITEM NO. 1 141 Name Resident Since Contributions to the Community Kathy Kronemeyer 1992 Volunteered at Old Town Artisan Studio; Teacher at Desert Sands Unified School District; 2002 California State Veterans of Foreign Wars Teacher of the Year; Involved with No One Stands Alone, a nonprofit organization. Dori Quill 1981 Involved in youth leadership at Family Heritage Church; President and founder of La Quinta High School Parent Teacher Organization; Served on the LQ Community Services Commission from 2007-2009; Serviced on the CVAG Trails Committee from 2008-2010; Ophelia Project mentor. The Commission did not recommend Susan Davis, because her significant contributions were performed outside of La Quinta. In addition to the above nominees, Patricia Clapp, the City’s 2018 Senior Inspiration Award recipient, will also be honored at the Pillars of the Community program. ALTERNATIVES The Council could not approve the recommendations and direct Staff to seek additional nominees. Prepared by: Jaime Torres, Management Assistant Approved by: Chris Escobedo, Director of Community Resources Attachments: 1.Kathy Kronemeyer nomination application 2. Dori Quill nomination application 3. Susan Davis nomination application 142 City of La Quinta CITY COUNCIL MEETING: February 20, 2018 STAFF REPORT AGENDA TITLE: ESTABLISH SILVERROCK EVENT SITE AD HOC COMMITTEE AND APPOINT COUNCIL MEMBER TO COMMITTEE RECOMMENDATION Establish the ad hoc committee for the SilverRock event site and appoint a Council Member to serve on the committee. EXECUTIVE SUMMARY On February 6, 2018, Council discussed the three-phased development of the SilverRock event site and the need to establish an ad hoc committee. The committee’s charge will be to identify programming options and translate them into design concepts for Council consideration. This report outlines committee formation options and recommended schedule and tasks. FISCAL IMPACT The fiscal impact of facilitating an advisory committee would be absorbed in the 2017/18 Operating Budget. The costs would entail staff time and materials preparation. BACKGROUND/ANALYSIS In July 2006, Council approved the SilverRock Specific Plan which designates thirty-five (35) acres as special event space to accommodate art shows, festivals, corporate events, automobile shows, and public parking. SilverRock Development Company is moving forward with the construction of two hotels (Montage International as operator), a conference center, a new golf clubhouse, retail space, and residential use. During the next five years, $3,400,000 in development impact fees is expected from this development and could be utilized to fund the first phase of the event site. The first phase includes an art walk, festival space, parking, and the infrastructure to accommodate future expansion. The event site must go to the Community Service Commission and Planning Commission before the Council approves the plans. BUSINESS SESSION ITEM NO. 2 143 Committee Formation Options The Council could establish one of three styles for the committee. Programming partners who could provide input include SilverRock Development, Montage International, La Quinta Arts Foundation, Greater Coachella Valley Chamber of Commerce, Greater Palm Springs Convention & Visitors Bureau, and Goldenvoice. Additional programming partners can be added as the committee commences its work. “Steering Committee Style” A Council Member, Community Services Commissioner, Planning Commissioner, SilverRock Development, and a Montage International representative serve as the steering committee and gather input and interface with programming partners. “Triad Style” A Council Member, Community Services Commissioner, and Planning Commissioner constitute the committee. They would be interface with programming partners. “Organic Collective Style” A Council Member, Community Services Commissioner, Planning Commissioner, and one representative from SilverRock Development, Montage International, The La Quinta Arts Foundation, Greater Coachella Valley Chamber of Commerce, Palm Springs Convention & Visitors Bureau and Goldenvoice would constitute the committee and are involved in all aspects of the committee’s work. Size & Required Quorum There is often a desire to have large committees to secure a variety of perspectives. However, achieving a quorum to conduct business is often difficult to attain in larger committees who conduct their business over several months. Required Quorum 144 This chart presents the subjects the committee could study in formulating recommendations for Council consideration. Timing In order to accommodate events by the spring of 2020, turfed areas must be grassed by July 2019. Assuming an eight-month grading and site preparation period, the City must bid the construction by the end of 2018. Selection On February 12, 2018, Community Services Commissioners Dori Quill and Hugh Van Horn expressed an interest in participating on the committee. The Community Services Commission will formally make a recommendation at its March 6, 2018 meeting. On February 13, 2018, the Planning Commission recommended Mary Caldwell, Kevin McCune, Michael Proctor, and Robert Wright to serve on the committee. Robert Green of SilverRock Development Company and Alan Fuerstman of Montage International have expressed their interest in committee participation. Staff is requesting formal action of the Council to establish the committee in one of the above styles and appoint its representative who would begin working with staff on the next steps of the process. Once Council determines how it wants to form the committee, additional appointments can be made at an upcoming Council meeting. Prepared by: Chris Escobedo, Community Resources Director Approved by: Frank J. Spevacek, City Manager Affirm vision of  project and  review  conceptual plan Commence  community input  process and  meet with  partners Participate in the  preliminary  design Refine program  map to precise  drawings  Hold meeting  with the  Community  Services  Commission and  Planning  Commission Council  Discusion &  Action  145 146   BUSINESS SESSION ITEM NO. 3 147 148 149 150 151 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 2 152 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 3 153 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 4 Chapter 11.04 UNSAFE CONDUCT (1982) [delete in its entirety] 11.04.010 Provisions not to be deemed duplicative of state law. No provision contained in this titlein this chapter is intended, nor shall it be deemed or construed, to make punishable any act or acts which are not prohibited by any law of the state or are preempted by any law of the state. . (Ord. 10 § 1, 1982) 11.04.020 Sleeping in vehicles—Finding of fact. The city council finds that a definite problem is posed by persons sleeping in automobiles which are parked along the public streets within the city. The residential neighborhoods disturbed by this activity call the police to report a suspicious vehicle in the area. In addition, persons who are parked in developed areas become a target for criminal attack. (Ord. 10 § 1, 1982) 11.04.030 Sleeping in vehicles—Prohibited in public places. To the maximum extent prohibited by applicable federal or state law, No person shall sleep in any automobile or other vehicle parked on any sidewalk, street, alley, or other public place, including any approved private street or right-of-way, within the corporate limits of the city. (Ord. 10 § 1, 1982) 154 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 5 Chapter 11.08 DISORDERLY CONDUCT [AND TRESPASS] (1982, 1989, 2004) 11.08.005 Public drinking and liquor possession. A. A person shall not consume or possess any alcoholic beverage, as defined in Section 23004 of the California Business and Professions Code, upon any public street, sidewalk, highway, road, lane, alley , parking lot or upon any other publicly owned property which is open to the public, including all park and recreational areas which are located within the city limits. Possession shall include any alcoholic beverage contained in any bottle, can, or other receptacle which: 1. Has been opened; 2. Has a seal broken; or 3. The contents of which have been partially removed. B. A person shall not commit any act prohibited in subsection A of this section when such person is upon privately owned property which is open to the use or patronage of the general public at the time, unless the person committing the act has the express or implied permission or invitation to do so from the owner or lessee or person in charge of the private property or business premises involved. C. Exceptions. Subsection A of this section shall not apply to consumption or possession of alcoholic beverages within the city limits if a permit, entitlement or permission has been issued by the city manager or city council in connection with a special event located on the premises where the consumption or possession would otherwise be prohibited. Subsection A shall not apply with respect to public property owned and controlled by a public entity other than the city if the other public entity has given its express permission or invitation allowing use of the premises for purposes otherwise prohibited in subsection A of this section. Subsection A of this section shall not apply to any municipally owned golf course and clubhouse. 11.08.040 Noise. – [delete in its entirety, covered more thoroughly elsewhere in Code] No person shall wilfully make any unreasonably loud noise to the extent that it disturbs the peace and quiet of any neighborhood or imposes upon the privacy and rights of others. The standards which may be considered in determining whether a violation of this section exists, may include, but is not limited to, the following: A. The level of noise; B. The nature of the area within which the noise emanates; C. The density of the inhabitation of the area within which the noise emanates; D. The time of day or night; E. The duration of the noise; F. Whether the noise is recurrent, intermittent or constant; or G. Whether the noise is produced by a commercial or noncommercial activity. 11.08.080 Trespass. No person shall commit a trespass on residential property, business property or on public property. “Trespass” for the purpose of this section means: A. Entering upon, or refusing to leave, any residential or business property of another, either where the property has been posted with NO TRESPASSING signs, or where immediately prior to the entry, or 155 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 6 subsequent thereto, notice is given by the owner or occupant, orally or in writing, that such entry, or continued presence, is prohibited. B. Entering upon, or refusing to leave, any public property in violation of regulations promulgated by the official charged with the security, care or maintenance of the property and approved by the governing body of the public agency owning property, where the regulations have been conspicuously posted or when the building is regularly closed to the public or where immediately prior to such entry, or subsequent thereto, the regulations are made known by the official charged with the security, care or maintenance of the property, his agent or a police officer, is prohibited. (Ord. 10 § 1, 1982) 11.08.082 Form of notification. [from 11.64.030 TRESPASS] Within the meaning of section 11.08.080, notification by the owner or lessee or other person in charge of the property or premises may be satisfied by direct verbal communication by any such person or by his/her duly delegated agent, including a peace officer or private patrol person, or by sign conspicuously posted on the property or premises giving notice of the prohibition of the particular form of trespass involved. 11.08.085 Exceptions. [from 11.64.040] Exceptions to the definition of trespass are any of the following instances: A. Where its application results in or is coupled with an act prohibited by the Unruh Civil Rights Act (which forbids a business establishment generally open to the public, from unreasonably and arbitrarily excluding any prospective customer, and from practicing any racial or other prohibited discrimination); B. Where its application results in or is coupled with an act prohibited by any other provision of law relating to unlawful discrimination Where its application results in or is coupled with an act prohibited by any other provision of law relating to unlawful discrimination against any person on account of an actual or perceived protected class under federal, state, or local law, including color, race, ethnicity, religion, creed, sex, gender, sexual orientation, ancestry, age, physical or mental disability, or national origin;against any person on account of color, race, religion, creed, ancestry or national origin; C. Where its application results in or is coupled with an act prohibited by Section 365 of the California Penal Code or any other provision of law relating to duties of innkeepers and common carriers; D. Where its application would result in an interference with or inhibition of peaceful labor picketing or other lawful labor activities; E. Where its application would result in an interference with or inhibition of any other exercise of a constitutionally protected right of freedom of speech such as (but not limited to) peaceful expressions of political or religious opinions, not involving conduct otherwise punishable criminally under such laws as Penal Code Section 647c (obstruction of a street, sidewalk, or other public area), or Penal Code Section 415 (disturbing the peace)under the California Penal Code; or F. Where the person who is upon another's private property or business premises is there under claim or color of legal right. This exception is applicable (but not limited to) the following types of situations involving disputes wherein the participants generally have suitable civil remedies readily available to 156 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 7 them: Marital and post-marital disputes; child custody or visitation disputes; disputes regarding title to or rights in real property; landlord-tenant disputes; disputes between members of the same family or between persons residing upon the property concerned up until the time of the dispute; employer- employee disputes; business-type disputes such as those between partners; debtor-creditor disputes; and instances wherein the person claims rights to be present pursuant to order, decree or process of a court. 11.08.090 Violation. Any violation of this chapter shall constitute an infraction pursuant to Section 1.01.200 of this code, unless the violation is specifically designated as constituting a misdemeanor under city, state or federal law. 157 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 8 Chapter 11.13 BINGO AND REMOTE-CALLER BINGO PERMITS (1982) 11.13.010 Purpose. The purpose of this chapter is to provide for the issuance of permits under which certain bingo games may be allowed which would otherwise be unlawful under state law. This chapter is enacted pursuant to the authority of Section 19 of Article IV of the State Constitution and Section 326.5 of the Penal Code. The provisions in this chapter shall be construed strictly in accordance with said authority, and in the event of any apparent conflict or inconsistency, the provisions in this chapter shall be given only such interpretation as will render them compatible with Penal Code Section 326.5 and other applicable provisions of state law. 11.13.020 Definitions. For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows: A. “Bingo” is defined in Penal Code Section 326.5(o) as meaning a game of chance in which prizes are awarded on the basis of designated numbers or symbols that are marked or covered by the player on a tangible card in the player’s possession and that conform to numbers or symbols, selected at random and announced by a live caller.a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random. B. “City manager” shall mean the city manager or his/her designee. BC. “Minors” are all persons under eighteen years of age, as specified in Civil Code Section 25. D. “Remote-caller bingo game” is defined as meaning a game of bingo, as defined in subdivision (o) of Section 326.5, in which the numbers or symbols on randomly drawn plastic balls are announced by a natural person present at the site at which the live game is conducted, and the organization conducting the bingo game uses audio and video technology to link any of its in-state facilities for the purpose of transmitting the remote calling of a live bingo game from a single location to multiple locations owned, leased, or rented by that organization, or as described in subdivision (o) of Penal Code section 326.5. The audio or video technology used to link the facilities may include cable, Internet, satellite, broadband, or telephone technology, or any other means of electronic transmission that ensures the secure, accurate, and simultaneous transmission of the announcement of numbers or symbols in the game from the location at which the game is called by a natural person to the remote location or locations at which players may participate in the game. The drawing of each ball bearing a number or symbol by the natural person calling the game shall be visible to all players as the ball is drawn, including through a simultaneous live video feed at remote locations at which players may participate in the game. EC. “State-authorized Nonprofit organization” is defined as meanings (1) only organizations exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701w, and 23701l of the Revenue and Taxation Code, (2) mobilehome park associations, (3) senior citizens organizations, (4) charitable organizations affiliated with a school district, (5) organizations that have been incorporated or in existence for three years or more, (6) organizations 158 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 9 licensed by the city, (7) organizations that use receipts of the game only for charitable purposes, and (8) the operation of bingo is not be the primary purpose for which the organization is organized.an organization within the purview of Penal Code Section 326.5, which is a mobile home park association, a senior citizens organization, or an organization exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 23701 l of the Revenue and Taxation Code. (Ord. 10 § 1, 1982) 11.13.025 Bingo games and remote-caller bingo games authorized. Bingo and remote-caller bingo games may be lawfully played in the city pursuant to the provisions of Section 326.5 of the Penal Code and this chapter, and not otherwise. 11.13.030 Permits—Issued by city manager. Pursuant to and in accordance with the provisions of this chapter, the city manager may issue permits to nonprofit state-authorized organizations to conduct bingo games and remote-caller bingo games. (Ord. 10 § 1, 1982) 11.13.035 Additional permit – remote-caller bingo games [delete in its entirety] Pursurant to Penal Code Section 326.3(q), the California Gambling Control Commission shall regulate remote-caller bingo, including, but not limited to, licensure and operation. 11.13.040 Inapplicability of Chapter 11.12. The provisions of Chapter 11.12 of this code (Gambling) relating to prohibition of gambling games not otherwise prohibited under state law shall not be deemed applicable to any bingo or remote-caller bingo games conducted under valid permits issued under this chapter. 11.13.050 Permit fees. Each applicant for a permit under this chapter or for permit renewal and each person filing any appeal pursuant to provisions of this chapter, shall pay at the time of filing the application or appeal a processing fee or fees in an amount or amounts as may have been established by resolution of the city council, to defray the expense of investigation and processing. If an application is denied, one-half of the application fee shall be refunded to the organization. The permit fee is not refundable in the event the applicant is determined not to qualify for a license, and an aAppeal fees isare not refundable unless expressly otherwise ordered by the city council. 11.13.060 Applications for permits. A. Applications for bingo permits shall be written, signed and verified under penalty of perjury, and shall be filed with the city manager in such form, and with such documentation as the city manager determines necessary to verify that the applicant is an eligible State-authorized organization.prescribes. Each application for permit or renewal shall contain at least the following information and showings: 1. The name and address of applicant; 2. The dates, hours, and location where the bingo games will be operated; 3. The name or names of the person or persons who will have the management or supervision of the games; 4. Whether food and beverages will be available; 5. Such other reasonable information as the city manager may require as to the identity or character of the applicant, manager, and members of applicant who will operate the games; 159 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 10 6. A copy of the tax exempt status determination issued by the State Franchise Board to the applicant organization showing that the applicant organization is, per subsection C of Section 11.13.020, exempt under the appropriate section of the Revenue and Taxation Code, and that the exemption still exists at the time of application submittal; 7. Proof that the applicant organization owns or leases the property on which the bingo games are to be held and that the property is used by the organization as an office or for other purposes for which the organization is organized, and that the property was not acquired solely to accommodate bingo games. B. No application for a permit renewal shall be accepted unless, in addition to the above information, there is also submitted therewith a full and accurate accounting record, certified under penalty of perjury by the permittee's accountant or a member of the permittee's management deemed by the city manager to be authorized and appropriate to make the certification, setting forth in detail the income and expenses received and disbursed in connection with the permittee's operation, conduct, promotion, supervision and any other phase of bingo or remote-called bingo game activities carried on under the existing or preceding permit. Such a certified accounting record may also be required by the city manager in cases where the application is not for a “renewal” but is for a new permit to be issued to an applicant organization which at any previous time held a permit issued under this chapter. 11.13.070 Investigation. Upon receipt of an application, the city manager shall conduct or cause to be conducted whatever investigation is deemed necessary to verify the facts stated in the application and assure the city manager that activities under the permit will probably comply in all respects with the requirements set forth in Penal Code Section 326.5 and with local standard permit conditions, and with whatever other conditions the city manager deems necessary or desirable to protect the public peace, health, safety and welfare and to assure compliance with all laws, state and local. 11.13.080 Permits—Issuance—Denial. A. The cCity manager shall issue permits as applied for, provided it appears that the applicant has been, and will appropriately meet, all requirements of this chapter, Penal Code Section 326.5, the applicable standards, rules, and regulations (including special conditions which will be attached to the permit) pursuant to this chapter, and other ordinances and laws.Permits as applied for shall be issued by the city manager provided it appears that all requirements of Penal Code Section 326.5 and of this chapter and of the standards, rules and regulations (including special conditions which will be attached to the permit), applicable pursuant to this chapter and other ordinances and laws, have been, and will appropriately be, met fully by the applicant. B. A permit shall be denied if the character, reputation or moral integrity of the applicant organization's personnel (management or otherwise) is determined by the city manager to be inimical or detrimental to the safety or general welfare of the community, or if the applicant falsifies any information in the permit application or omits any information required therein. A permit denial shall, however, be made only after opportunity has been granted to the applicant for a due process hearing before the city manager in accordance with Sections 2.08.180 through 2.08.230 of this code. , after at least ten days' notice to the applicant, setting forth a statement of the proposed grounds for denial of the permit, and stating the time and place the hearing will be held. 160 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 11 C. No permit shall be issued for the conducting of any bingo game, remote caller bingo game or other games by the city or any department or agency thereof, or for such games to be conducted upon any premises owned, held or controlled by the city. 11.13.090 Permits—Conditions by state law. All permits issued under this chapter to allow bingo games and remote call bingo games shall be subject to the following conditions as mandated by Penal Code Section 326.5 as amended from time to time. A copy of Penal Code Section 326.5 shall be provided by the city with every application.: A. Bingo games are allowed only when they are for the benefit of organizations listed in subsection C of Section 11.13.020. B. No person is to receive a profit, wage, or salary from any authorized bingo game. C. No minors shall be allowed to participate in any bingo game. D. A nonprofit organization shall conduct a bingo game only on property owned or leased by it, and which property is used by the organization for an office or for performance of the purposes for which the organization is organized. Premises used solely for purposes of conducting bingo games are not qualified therefor. E. All bingo games shall be open to the public, not just to the members of the nonprofit organization. F. A bingo game shall be operated and staffed only by members of the nonprofit organization which organized it. Such members shall not receive a profit, wage, or salary from any bingo game. Only the organization authorized to conduct a bingo game shall operate the game, or participate in the promotion, supervision or any other phase of the game. G. No individual, corporation, partnership, or other legal entity except the organization authorized to conduct a bingo game shall hold a financial interest in the conduct of the bingo game. H. All profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. I. No person shall be allowed to participate in a bingo game, unless the person is physically present at the time and place in which the bingo game is being conducted. J. The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred fifty dollars in cash or kind, or both, for each separate game which is held. (Ord. 10 § 1, 1982) 161 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 12 11.13.100 Permit—Local standard conditions. All permits issued pursuant to provisions of this chapter shall be subject to the following additional special conditions: A. Bingo and remote caller bingo games shall be conducted only between the hours of twelve noon and eleven p.m., and for not more than four hours on any single day. B. Bingo and remote caller bingo games shall not be conducted, by any organization authorized to do so, for more than five days in any calendar month. C. Any peace officer or official city inspector shall have free access to any bingo or remote caller bingo game allowed under this chapter. The permittee shall have the bingo permit and lists of approved staff available for inspection at all time during period in which bingo and/or remote caller bingo games are conducted. D. No person who is obviously intoxicated shall be allowed to participate in a bingo or remote caller bingo game. E. Premises for which any bingo or remote caller bingo permit is issued shall qualify for the public assembly numbers of the people anticipated, under applicable provisions of zoning, fire, parking and occupancy ordinances and other laws and regulations. F. Notwithstanding that bingo games are open to the public, attendance at any bingo game shall be limited to the occupancy capacity of the room in which the game is conducted as determined by the fire department and building inspector of the city in accordance with applicable laws and regulations. G. Notwithstanding that remote-called bingo games are open to the public, attendance at any remote- caller bingo game shall not exceed the greater of 750 players in a single location or the occupancy capacity of the room in which the game is conducted as determined by the fire department and building inspector of the city in accordance with applicable laws and regulations. GH. A permittee shall not reserve seats or space for any persons, except as might be necessary for the reasonable accommodation of handicapped or infirm persons on a nondiscriminatory basis. HI. The permittee shall display the permit in a conspicuous place in the premises where the bingo and remote caller bingo games are conducted. J. The permittee is responsible for ensuring that the conditions of this chapter and Section 326.5 of the Penal Code are complied with by the organization and its officers and members. A violation of any one or more of those conditions or provisions shall constitute cause for the revocation of the organization’s permit. At the request of the organization, the city shall hold a public hearing before revoking any permit issued pursuant to this chapter. 162 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 13 11.13.110 Permits—Additional special conditions. The issuance of any bingo or remote caller bingo permit pursuant to this chapter shall, if appropriate, have additional special conditions attached thereto which are deemed by the city manager to be necessary to implement the purposes of this chapter and of Penal Code Section 326.5, and to assure compliance with the provisions of this chapter and said sections, and to protect the public peace, health, safety and welfare from foreseeable adverse effects which might otherwise result from any of the activities sanctioned by the permit, and the city manager shall have discretionary authority to prescribe any such necessary or appropriate conditions. The permittee (applicant) shall have the right to a due process hearing before the city manager, if the hearing is duly requested, in order to protest, or to propose modification to any such additional special condition existing or proposed. 11.13.120 Permits—Terms, situs, transferability. The term of a bingo permit shall be valid until the end of the calendar year, at which time the permit shall expire. A new license shall only be obtained upon filing a new application and payment of the license fee. The fact that a license has been issued to an applicant creates no vested right on the part of the licensee to continue to offer bingo for play. The city expressly reserves the right to amend or repeal this chapter at any time by resolution. If this chapter is repealed, all licenses issued pursuant to this chapter shall cease to be effective for any purpose on the effective date of the repealing resolution. be six months (unless a lesser term has been applied for) and a permit may be renewed for a like period any time within one year from its date of issuance, upon due application therefor. Each permit issued under this chapter shall be issued to a specified nonprofit organization to conduct bingo, or remote caller bingo games at a specific location and shall in no event be transferable from one organization to another, nor from one location to another. 11.13.130 Revocation or modification of permits. Any permit granted pursuant to the provisions of this chapter may, after the permittee has been afforded the opportunity of a due process hearing as stated in this chapter, be revoked, suspended or modified by the city manager for any of the following grounds or reasons: A. There has been a violation of or a failure to comply with any condition attached to the permit or any provision or regulation mentioned in this chapter, or in California Penal Code Section 326.5, or any other rule or regulation or law specially applicable to the permitted activities; B. The character or moral integrity of the permittee or permittee's personnel is determined inimical to the public safety or general welfare of the community; C. There was given any false or fictitious information in connection with the application for and obtaining of the permit; D. Any one of the permittee's personnel (management or otherwise) has committed any fraudulent, false, deceptive or dangerous act in connection with, or while conducting, any permitted bingo game; E. The permittee or any of its personnel has conducted any bingo game in a manner contrary to the peace, health, safety or general welfare of the public; 163 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 14 F. The permittee or any of its personnel have, in connection with activities allowed by the permit, failed to comply with any law or regulation in any of the following fields: zoning, building codes, off-street parking requirements, controls related to public assemblies, health regulations, or local and state fire regulations; G. Any activities done under or occurring incidental to the permit have interfered or tended to interfere with the normal flow of vehicular or pedestrian traffic on any public right-of-way; H. Any activities done under or occurring incidental to the permit have unduly and unreasonably interfered with or adversely affected any private property owner's or resident's rights to peaceful and unmolested enjoyment of his private premises; I. The permittee or any of its personnel have failed to comply with provisions of the city's sign ordinance, or with conditions attached to the permit relating to sign control; J. Any other reason exists for which the permit might have been lawfully denied in the first instance, or that for any reason the continued operations under the permit will be inimical to the public safety or general welfare of the community. 11.13.140 Procedure for revocation, suspension, and modication. A. A revocation, suspension or modification as referred to in the preceding section shall be made only after opportunity has been granted to the permittee for a due process hearing before the city manager, after ten days' notice to the permittee, setting forth the nature and grounds of complaint against it and stating the time and place the hearing will be held. as set forth in Sections 2.08.180 through 2.08.220 of this code. Any person aggrieved by any decision of the city manager may appeal to the city council pursuant to Sections 2.04.100 through 2.04.130 of this code. B. Upon failure of the permittee to respond to the opportunity for hearing after issuance of the receiving notice of the hearing pursuant to sections 1.01.300 and 1.01.310 of this code, the permit may be suspended or revoked, or may be modified in such particulars as are deemed necessary in the public interest. , and aAny such suspension, revocation or modification shall be effective upon the date the notice is deemed served pursuant to section 1.01.300 of this codeor knowledge thereof being received by any of the permittee's local management personnel, orally or in writing. Any such order of suspension, revocation or modification shall also be effective as to any employee or agent of the permittee, which employee or agent has been notified orally or in writing of the substance of the order. C. Any such revocation or modification of any permit may be in addition to any penalties otherwise provided for by law 11.13.150 Appeals. Any person aggrieved by, dissatisfied with, or excepting to any action, denial, order, requirement, condition, permit, decision or determination made by the city manager in administering the provisions of this chapter may appeal to the city council pursuant to chapter 2.04 of this code.by filing written notice specifying the grounds of appeal and the relief sought, with the city clerk within ten days after notice of the action from which appealed. Upon any failure to file such written appeal within the time 164 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 15 allowed in this section, the action of the city manager shall be final and conclusive. A timely appeal shall be reviewed by the city manager, and unless an adjustment of the matter is made by the city manager, satisfactory to the appellant, the appeal shall be expeditiously scheduled for hearing before the city council, which body at the conclusion of its consideration may affirm, reverse or modify the action appealed from and may take any action which might have been legally taken in the first instance by the city manager. 11.13.160 Permit renewal—Effect of other pending proceedings. In the event a renewal application is filed during the pendency of a proceeding to suspend or revoke the permit, such filing shall continue the permit in full force and effect until the making of the final order by the city manager terminating proceedings. Failure of the city manager to revoke, suspend, limit, or condition the permit shall have the effect of granting the renewal. The application for renewal shall become a part of the pending proceeding and be subject to all evidence which has been or is thereafter presented. No further notice to the applicant is required and the city manager is authorized to consider and take action upon the application in accordance with this chapter. 11.13.170 Alternate to city manager. [delete in its entirety] In connection with any function vested by this chapter in the city manager, should the city manager in a particular case be disqualified to act, then the chief of police shall perform all functions and exercise all authority under this chapter otherwise vested in the city manager. Should both such officers simultaneously be so disqualified, then the city council shall designate another city officer to act in the particular case. 11.13.180 Permit ineffective while conditions not observed. Any permit issued pursuant to this chapter shall, during its term, be deemed in effect so as to validate bingo games or remote caller bingo games thereunder (which would otherwise be unlawful under state law) only throughout periods of time during which the permittee and its personnel are fully complying with all permit conditions referred to, and/or authorized in or by Sections 11.13.090, 11.13.100 and 11.13.110. If any such permit conditions are being violated or not complied with, then the state laws regarding bingo games shall be deemed fully applicable to the permittee and its personnel managing, supervising or conducting the bingo games, to the same extent as if no permit has ever been issued; provided, however, that members of the public who are participating in the bingo games not as personnel of the permittee, which members of the public have no knowledge or reason to know, of the aforesaid violations of or noncompliance with the permit conditions, shall be deemed to be participating in games for which a permit is in full force and effect, so long as a permit is conspicuously displayed upon the premises in accordance with subsection IK of Section 11.13.100. 165 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 16 Chapter 11.16 WEAPONS (1982) 11.16.030 Shooting weapons prohibitedwithout permit. No person shall discharge or cause the discharge of any pistol, gun or any firearm of any kind or air gun or air rifle within this city except as provided in Section 11.16.050. Any person violating this section is guilty of a misdemeanor. without first having obtained a written permit from the chief of police for that purpose. (Ord. 10 § 1, 1982) 11.16.040 Shooting permit—Application—Granting—Denial. [delete in its entirety] Application for the permission shall be made in writing to the chief of police who shall grant the permission only if he or she determines that a substantial public interest or a compelling private need will be served thereby, and also that the shooting, if permitted, cannot foreseeably result in any injury, disturbance, annoyance or hazard to any person or result in any damage to property other than that of the permittee, and further that it will in no way unnecessarily jeopardize or seriously menace the public peace, health or safety. In any case where the chief of police grants a permit, he may attach whatever conditions and terms as in his or her opinion are necessary or appropriate in order to carry out the objectives stated in this section. No permittee exercising the privilege granted by any such permit, shall fail, refuse or neglect to strictly comply with all conditions and terms the chief of police may have attached thereto. (Ord. 10 § 1, 1982) 11.16.050 Shooting permit—Exemptions to shooting weapons prohibition. Section 11.16.030 shall not apply to the following persons: 1. Aany peace officer, either federal, state, county or municipal, or member of the armed services while acting in the lawful discharge of his/herline of dutiesy, or engaged in target practice at any range regularly established for such officers, 2. nor to the oOperators or patrons of any shooting gallery, skeet club or target range holding a permit from the city for the conduct thereof. (Ord. 10 § 1, 1982) 3. Any person using a firearm in the lawful defense of himself/herself, another person or property. 11.16.060 Carrying and use of slings. It is unlawful within the city limits for any person to carry or use a sling for the purpose of throwing a missile of any kind that endangers the safety of the public. 11.16.070 Sale of air guns to minors prohibited. A. It is unlawful for any person to sell, give or loan to any person under eighteen (18) years of age, any BB gun, air gun, pellet gun, or spring gun, within the city. B. No person, under the age of eighteen (18) years, shall have in his/her possession or control any BB gun, air gun, pellet gun, or spring gun, within this city, except while in immediate custody of his/her parents as hereinafter provided. C. Any person under the age of eighteen (18) years may, while in custody of and under immedi ate control of his/her parent or guardian, use a BB gun, air gun, pellet gun, or spring gun, to shoot at an inanimate target on a range or in a shooting gallery which has been authorized by the chief of police. 166 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 17 Chapter 11.20 EXPLOSIVES (1982) 11.20.050 Definition. “Explosives” means that definition published by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives as amended from time to time. 11.20.010 Compliance with regulations. A. No person, firm or corporation shall, within the city limits, do any of the following without first having made application for and received a permit: 1. manufacture explosives 2. sell, furnish, or give away explosives 3. receive, store, or possess explosives 4. transport explosives 5. use explosives including all pyrotechnics and display fireworks 6. operate a terminal for handling explosives 7. park or leave standing any vehicle carrying explosives. blast or use any explosive for blasting purposes without first complying with the requirements in this chapter. (Ord. 10 § 1, 1982) B. Application for a permit shall be made to, and all related permit fees paid to the Office of the Fire Marshal, CAL FIRE, Riverside County Fire Department or successor agency. 11.20.015 Compliance with Riverside County Fire Department regulations and procedures. A. Applicants shall be subject to the regulations and procedures of the Office of the Fire Marshal, CAL FIRE, Riverside County Fire Department, County of Riverside, California including regulations regarding revocations and appeals. B. In the event the city takes official action to assume responsibility and control over explosive permits within the city, then all applications and permits subject to this chapter, shall remain subject to and governed by the policies, procedures and regulations for explosives then in place by the Riverside County Fire Department, County of Riverside, California, except that the city shall be the governing agency with jurisdiction over explosives. The city manager shall have the authority to enact any and all regulations that would allow for the city to continue to regulate explosives until such time as the city enacts an ordinance(s) amending this chapter or other provisions of the code in furtherance of regulating explosives. 11.20.020 Certificate of fitness—Required. [delete in its entirety] The applicant shall secure a certificate of fitness from the chief of the fire department indicating that the person holding the certificate is capable of handling explosives. (Ord. 10 § 1, 1982) 11.20.030 Certificate—Proof of fitness. [delete in its entirety] The chief of the fire department, as a condition precedent to the granting of the certificate, shall require an applicant to submit evidence establishing the applicant's knowledge of, and experience in, handling explosives. (Ord. 10 § 1, 1982) 167 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 18 11.20.040 Certificate—Duration. [delete in its entirety] A certificate of fitness shall be valid during the fiscal year of the city during which it is issued unless sooner revoked by the chief or the fire department for cause. (Ord. 10 § 1, 1982) 11.20.050 Certificate—Fee. [delete in its entirety] The fee for the certificate of fitness shall be in such amount as may be established by resolution of the city council, to defray the expense of investigation and processing. (Ord. 10 § 1, 1982) 11.20.060 Blasting permit—Required. [delete in its entirety] The applicant shall secure a blasting permit from the chief of the fire department. (Ord. 10 § 1, 1982) 11.20.070 Blasting permit—Contents. [delete in its entirety] The permit shall set forth a description of the premises, the name of the person, firm or corporation to whom the permit is issued, and the hours between which the blasting will be done. (Ord. 10 § 1, 1982) 11.20.080 Blasting permit—Danger from blasting. [delete in its entirety] The chief of the fire department must, before issuing the permit, satisfy himself that the blasting will in no way unnecessarily jeopardize or seriously menace the public peace, health or safety. (Ord. 10 § 1, 1982) 11.20.090 Blasting permit—Scope. [delete in its entirety] One permit shall cover all blasting on one contiguous property under the same ownership. (Ord. 10 § 1, 1982) 11.20.100 Blasting permit—Expiration. [delete in its entirety] A permit shall be void unless used within ten days after issuance. (Ord. 10 § 1, 1982) 11.20.110 Blasting permit—Fee. [delete in its entirety] The fee for a blasting permit shall be in such amount as may be established by resolution of the city council, to defray the expense of investigation and processing. (Ord. 10 § 1, 1982) 11.20.120 Insurance. In addition to any requirements of the Office of the Fire Marshal pursuant to section 11.20.015 above, the city manager or designee shall have the authority to require additional necessary or appropriate conditions, including primary insurance coverage, endorsements or bonds in amounts determined to be necessary by the city manager or designee, based on the scope of the operations, to protect public safety and the general welfare of the community and naming the city as additionally insured. The applicant shall file with the city clerk and the chief of the fire department, a public liability and property damage insurance policy naming the city as coinsured in the amount of one hundred thousand dollars for death or injury to one person, and three hundred thousand dollars for death or injury to more than one person on account of the operations of the person, firm or corporation to whom the blasting permit is issued, and a minimum of fifty thousand dollars for property damage or destruction of property in any one occurrence. These required amounts, however, may be increased by the chief of the fire department whenever he determines that by reason of the scope of the operations, or for any other reason, the possibility of hazard would render the foregoing minimum amounts inadequate to insure 168 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 19 against the claims which might foreseeably be presented. Each such policy of insurance shall contain a provision or endorsement further holding the city, its officers, agents and employees free and harmless from any death, injuries, or damage occurring in connection with the acts done under the blasting permit. The policy of insurance shall further contain a provision or endorsement providing that the policy will not be cancelled until notice in writing has been given to the city, addressed in care of the city manager at the city administrative offices and received by the city manager at least ten days prior to the time the cancellation becomes effective. (Ord. 10 § 1, 1982) 11.20.130 Insurer. [delete in its entirety] Insurance shall be in such form as the city attorney may deem proper, executed by an insurance company approved by the city attorney. (Ord. 10 § 1, 1982) 11.20.140 Special endorsement. [delete in its entirety] A special endorsement in the amounts stipulated in this chapter shall be filed with the city clerk and the chief of the fire department in conjunction with the insurance policy. (Ord. 10 § 1, 1982) 11.20.150 Means of conveyance covered in policy. [delete in its entirety] The prime means of conveyance for explosives shall be either covered by the policy or proof furnished that the same limit of liability has been assumed. (Ord. 10 § 1, 1982) 11.20.160 Supervision by city—Deposit for cost. [delete in its entirety] If the chief of the fire department believes that the nature of the blasting job or the proximity of property owned by persons other than the owner of the property on which the blasting is to be performed, requires that the work be supervised by a representative of the city, then the applicant for a blasting permit shall deposit in advance with the city the cost of the supervision estimated by the city. (Ord. 10 § 1, 1982) 11.20.170 Refund of unused portion of deposit. [delete in its entirety] Any portion of the deposit remaining after payment of the supervision shall be returned to the applicant. (Ord. 10 § 1, 1982) 11.20.180 Liability of city. Supervision of the blasting by the any city or county official or employee shall not relieve the person, firm or corporation performing the work of any liability established by this chapter or any other applicable law, nor shall it relieve the person, firm or corporation performing the work from being shall the supervision make the chief of the fire department or any other city official or employee liable for any injury to person or damage to property caused by the blasting operation. (Ord. 10 § 1, 1982) 11.20.190 Revocation of certificate or permit. [delete in its entirety] Whenever any certificate of fitness or permit to blast, or to use explosives for blasting purposes, is issued in accordance with the provisions of this chapter, the certificate or permit may be revoked at any time by the chief of the fire department when it appears that any provision of this chapter relative to explosives has been violated by the person, firm or corporation holding the certificate or permit. (Ord. 10 § 1, 1982) 169 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 20 11.20.200 Appeal from revocation of certificate. [delete in its entirety] In the event that the holder of a certificate of fitness feels aggrieved by reason of the revocation of his or her certificate, he or she may appeal to the city manager council from the decision of the chief of the fire department revoking his certificate; and the determination of the council shall be final and conclusive. 11.20.210 Hearing of appeal. [delete in its entirety] Upon the taking of any such appeals to the council, unless an adjustment of the matter is made by the city manager satisfactory to the appellant, a time and place shall be set by the city clerk for hearing by the council of the appeals; and at such time evidence may be heard for and against the appeal in order that the council may determine the merits of the appeals. (Ord. 10 § 1, 1982) 11.20.220 Safe and sane fireworks prohibited. A. Except as provided in La Quinta Municipal Code Section 11.44.060, Thethe storage, use, sale, possession, discharge and handling of safe and sane fireworks as defined in California Health and Safety Code Sections 12529 and 12562 is prohibited within the city of La Quinta. B. Safe and sane fireworks within the city of La Quinta are subject to confiscation and disposal by any peace officer or other city official authorized to enforce the La Quinta Municipal Code. (Ord. 459 § 1, 2008) 170 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 21 Chapter 11.24 PARADES (1982) 11.24.010 Short title. [delete in its entirety] The short title of this chapter shall be the “parade ordinance.” (Ord. 10 § 1, 1982) 11.24.020 Purpose. Parades and public events of a similar nature give rise to a festive atmosphere, uplift the public spirit and act as boosters for charitable drives and philanthropic programs. However, attendant with these public benefits are problems of traffic and pedestrian control. Therefore, in order to facilitate the movement of traffic, fire trucks, ambulances and other emergency vehicles and to preserve the peace, health, safety and welfare of the people, it is necessary to enact this chapter regulating parades. (Ord. 10 § 1, 1982) 11.24.030 Definitions. A. “City manager” shall mean the city manager of the city or his/her designee. AB. Congested Traffic Areas. As used in this chapter, “congested traffic areas” include Highway 111, Washington Street, Calle Tampico, Avenida Bermudas, and Eisenhower Drive, and Jefferson Street, since these streets at the present time are the main arterial streets leading into and out of the city and present the gravest traffic congestion problems. BC. Parade. As used in this chapter, “parade” means and includes any march, procession or assembly consisting of persons, animals or vehicles, or a combination thereof, upon any public street, sidewalk, alley or other public right-of-way, which does not comply with normal and usual traffic regulations or controls. 11.24.040 Permit—Required—CriteriaContents. A. No person shall conduct or manage any parade without a written permit. Such a permit shall be issued by the city manager after report by the chief of police. The city manager may refuse a permit for a parade when the primary function thereof is to publicize or advertise a person, business organization or event unless the event serves a public purpose and the overall good of the community. Permits shall not be issued if the parade would require extraordinary police service or endanger public safety. The criteria to be considered in the denial of a permit on the grounds of the endangering of public safety are (1) the route of the parade, (2) the total period of elapsed time for the event, (3) the proximity in time and area of other similar events, (4) the nature and purpose of the parade, (5) the special traffic problems such an event would engender, (6) the ability of the police department to control the event, (7) the number of persons, animals or units involved and (8) any health, moral or safety hazards that might threaten the community as a result of the activity. (Ord. 10 § 1, 1982) 11.24.043 Permit—Conditions may be attached. As conditions attached to the granting, use and effectiveness of any parade permit, the city manager may impose reasonable requirements conditions concerning the time and and place of the parade; the area and manner of assembling and disbanding the parade; the maximum length thereof; the maximum and minimum speed thereof; the number and types of vehicles, if any; and such other requirements as are found by the city manager to be reasonably necessary for the protection of persons or property and 171 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 22 control of other traffic and to assure that the parade will be conducted in conformance with the purposes, objectives and requirements set forth in this chapter and in compliance with all other applicable laws, rules and regulations, and in a manner not unduly detrimental to the public interest. When it is practical to do so, the city manager shall give reasonable consideration to the formulation of permit conditions which will enable the making of findings prerequisite to permit issuance (per Section 11.24.080 and any other applicable provisions in this chapter). (Ord. 10 § 1, 1982) 11.24.046 Permit—Conditions re public costs and indemnity. A. Each parade permit shall contain a condition for prepayment of a parade fee to the city in an amount reasonably estimated by the city manager to be sufficient to cover any extraordinary costs and expenses to the city which will be occasioned by the parade for (but not limited to) such necessary public services as police department added costs of policing, crowd control and traffic and parking control, placement and removal of barricades and signs for parade routes and parking control, and for cleanup of streets and sidewalks at the conclusion of the parade. B. Unless specially waived by the city council, the city manager shall require, as a condition to issuance of a parade permit, that the organization or party staging or sponsoring the parade file evidence of insurance (or self-insurance) coverage for public liability and property damage which might result from the conduct of the parade. The coverage shall be in an amount reasonably found by the city manager (in consultation with the city's risk manager and city attorney) to be adequate in view of the particular parade activity contemplated. The city manager further shall have the discretion to require that the city be named as an additional or co-insured in the coverage and to require such other coverage, endorsements or bonds in the amounts determined to be necessary by the city manager, based on the scope of the parade, to protect public safety and the general welfare of the community. Each such policy of insurance shall contain a provision or endorsement further holding the city, its officers, agents and employees free and harmless from any death, injuries, or damage occurring in connection with the acts done under the parade permit. (Ord. 10 § 1, 1982) 11.24.050 Permit—Application—Submission Deadlines and Contents. A. Any person or organization desiring to conduct or manage a parade within a congested traffic area as defined in this chapter shall make application therefor not less than thirty days nor more than one hundred eighty days before the date on which it is proposed to conduct such a parade. B. Any person desiring to conduct or manage a parade in any area of the city falling outside of the congested traffic area as defined in Section 11.24.030 shall make an application therefor not less than twenty-one days or more than one hundred eighty days before the date on which it is proposed to conduct such a parade. C. The application for the permit shall include information as to the sponsoring organization; the approximate number of vehicles, animals or other units to be in the parade; the nature of items of equipment or persons to be utilized to produce music, sound or noise during the parade; the name of the marshal or person in charge of the parade while it is being conducted; the proposed assembly area, the route, duration, speed and dispersal area of the parade; the proposed alternate routes or times, if any; the nature and purpose of the parade, and any other similar information required by the city manager at the time the application is filed. The city manager shall not accept the application unless all of the required information is contained thereon, and unless the application is accompanied by payment 172 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 23 of any application processing fee as may have been established by resolution of the city council. (Ord. 10 § 1, 1982) 11.24.060 Permit—Application—Processing. Upon receipt of an application for a parade permit, the city manager shall forthwith refer it to the chief of police and such other relevant city officials who shall investigate the facts, plan and program as set forth in the application. Within fourteen days after receiving the application, the chief of police, and other city officials reviewing the application shall make a recommendation to the city manager relative to issuing, issuing with conditions or denying the parade permit. The city manager shall, upon receipt of the recommendations from the chief of police, act thereon as soon as reasonably practicable. (Ord. 10 § 1, 1982) 11.24.070 Permit—Issuance—Outside of congested traffic areas. [delete in its entirety] If the city manager finds that the parade is to be conducted wholly outside of the congested traffic areas, he shall issue the permit unless there is substantial reason for the prohibition of the parade on grounds set forth in this chapter. (Ord. 10 § 1, 1982) 11.24.080 Permit—Issuance—Within congested traffic areas. The city manager shall issue the permit upon the following findings: A. The parade will not unduly interrupt the safety and orderly movement of other traffic along and across its route for an unreasonable period of time; B. The conduct of the parade is not reasonably anticipated to require the diversion of so great a number of police officers of the city as would be needed to police the line of movement in the area contiguous thereto, that the result would be to deny and prevent adequate police protection to the remainder of the city; C. The conduct of the parade would not unduly interfere with ambulance or fire department service; D. The conduct of the parade is not unreasonably likely to cause injury to any person or property; E. The parade can be moved from its point of origin to its point of termination expeditiously; F. The parade will serve a recognizable public purpose, at least as to a substantial segment of the citizenry; FG. Where the parade is to traverse a stretch of the state highway, when no objection thereto is filed by the State Division of Highways. (Ord. 10 § 1, 1982) 11.24.090 Appeals—Resubmittals—Late applications. A. Any person aggrieved by any decision of the city manager with respect to denial or issuance of any permit, conditions attached thereto, or any other administrative action taken pursuant to the terms of this chapter, may appeal to the city council pursuant to section 2.04.100 through 2.04.130 of this code. by filing a written notice of appeal with the city clerk specifying the grounds of appeal. Unless an adjustment of the matter is then made by the city manager satisfactory to the appellant, the city clerk shall thereupon fix an early time and place of hearing on the appeal. Notice thereof shall be given the 173 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 24 appellant and other persons who, in the city clerk's opinion, appear to be interested persons of record, of the time and place of hearing, by serving such notice personally or by depositing it in the United States mail addressed to all such persons at their last known addresses, respectively. The city council shall, after hearing, have authority to determine all questions raised on the appeal and to take any action consistent with the terms of this chapter or which could legally have been taken by the city manager in the matter. B. If a permit for a parade is denied on the basis, in whole or in part, of the date, hour or route of travel, the applicant may submit a new request proposing alternate dates, hours or routes of travel. C. The council may also directly consider any application for permit to conduct a parade which is not filed within the time limits prescribed in this chapter if placed upon the council agenda by a councilmember. In such case, the criteria set forth in this chapter shall apply. (Ord. 10 § 1, 1982) 11.24.100 Officials to be notified. Immediately upon the granting of a parade permit, the city manager shall send a copy thereof to the chief of police, chief of the fire department, and to any other person having particular interest in the parade. (Ord. 10 § 1, 1982) 11.24.110 Interference with parade. No person shall, without the consent of the permittee, join or participate in a parade, nor in any manner interfere with its orderly conduct. (Ord. 10 § 1, 1982) 11.24.120 Participation in parade with no permit. No person shall participate as a member of a group conducting a parade for which no permit has been issued pursuant to this chapter, when the person has knowledge of the lack of the permit, or after s/he has been personally notified to this effect. (Ord. 10 § 1, 1982) 174 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 25 Chapter 11.36 WILDLIFE PROTECTION (1982) [DELETE IN ITS ENTIRETY -duplicate of 10.28.110] 11.36.010 Wildlife protected. No person shall kill, capture or molest any species of wildlife or damage the nest or eggs of any wildlife within the city, except any poisonous reptile or insect; provided, however, that if it is determined by the city manager, or his authorized representative, that wildlife has become a menace to any person’s health, safety or property, the city manager shall issue a permit authorizing any person to kill or capture the wildlife. In no event shall any person use or employ poison or diseased material to kill or capture wildlife. (Ord. 10 § 1, 1982) 175 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 26 Chapter 11.44 PARKS AND RECREATION AREAS (1982, 2001, 2013, 2016) 11.44.010 Application of chapter. A. The provisions of this chapter shall apply to and be in full force and effect at all park and recreation areas which are now or which may hereafter be under the jurisdiction and control of the city, including but not limited to all grounds, roadways, avenues, parks, buildings, trails, open spaces/, usable open spaces as defined in Title 9, Section 9.280.030 of this code, school facilities when they are in use as recreational facilities, and areas, under the control, management or direction of the city manager. The provisions of this chapter shall govern the use of all such parks and recreation areas and the observance of such provisions shall be a condition under which the public may use such parks and recreation areas. Certain provisions of this chapter shall further be applicable outside such parks and recreation areas where the context indicates an intention that they be so applied. B. The provisions of this chapter shall not apply to any public officer, employee or peace officer who is acting in the course of and within the scope of the public business, nor to any other person conducting public business or related activities for, on behalf of, and pursuant to lawful authority of, an appropriate public entity. 11.44.020 Enforcement powers of peace officers and city personnel. A. For purposes of this section, the following definitions apply: 1. “Expulsion notice” constitutes an administrative citation pursuant to Chapter 1.09 of this code. 2. “Repeat violator” means an individual who has been arrested, cited, ejected, or expelled as a violator of this chapter within thirty days of a previous arrest, citation, ejection, or expulsion as a violator of this chapter. 3. “Violator” means an individual who has violated any of the provisions of this chapter or any other law, ordinance or rule that may be in effect now or may hereafter be passed or adopted for the regulation and government of parks or recreation areas, or of public places in general, in the city. B. Power and authority is hereby given to the city manager, the city manager’s authorized representatives, and to any of the attendants employed in such parks or recreation areas, in their discretion, to eject and expel from the parks or recreation areas or building thereon, any violator. In addition to his or her ordinary powers of arrest or citation, any peace officer enforcing any law or regulation shall be authorized, in lieu of arresting or citing any violator, in his or her discretion, to eject and expel the violator. No person being ejected or expelled pursuant to the authority of this subsection shall refuse to leave as ordered, nor shall any person who has been so ejected or expelled return, during the calendar day in which he or she was ejected, to the same park, recreation area or building, unless specifically permitted to do so by the person who ejected him or her, by the city manager or by an authorized representative thereof. C. In addition to the other powers and authorities in this section, any peace officer, in addition to his or her ordinary powers of arrest or citation, who is enforcing any law or regulation, shall be authorized, in lieu of arresting or citing any violator, in his or her discretion, to eject and expel a violator or repeat 176 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 27 violator. The ejection and expulsion of a violator shall be accompanied by service of an expulsion notice that may include a fifty dollar administrative fine for the initial violation, which shall be paid by the violator. The ejection and expulsion of a repeat violator shall be accompanied by service of an expulsion notice that may include a one hundred dollar administrative fine for each subsequent violation, which shall be paid by the repeat violator, and may expel the repeat violator from the same park, recreation area or building, for a period of up to one year. No person being ejected or expelled pursuant to the authority of this subsection as a violator or repeat violator shall refuse to leave as ordered, nor shall any person who has been so ejected or expelled return, during the calendar day in which he or she was ejected, to the same park, recreation area or building, unless specifically permitted to do so by the person who ejected him or her, by the city manager or by an authorized representative thereof. Furthermore, no person being ejected or expelled as a repeat violator may return to the same park, recreation area or building, for the period specified in the repeat violator’s expulsion notice, unless the period is modified by administrative action pursuant to a timely contesting of the expulsion notice. Any person receiving an expulsion notice pursuant to this subsection may contest the expulsion or fine, or both, in accordance with the procedures provided in Chapter 1.09 of this code. 11.44.030 Public may be excluded. A. In an emergency or when the city manager, chief of police (or an appropriately designated representative of any such official) determines that the public safety, or public health, or public morals, or public interest demands such action, any park, square, avenue, grounds or recreation center or any part or portion thereof, may be closed against the public and all persons may be excluded therefrom until the emergency or other reason upon which the determination of the city manager of chief of police is based has ceased, and upon the cessation thereof the park, square, avenue, grounds or recreation center or part or portion thereof so closed shall again be reopened to the public by order of proper authority. B. No person having knowledge of or having been advised of any closure order issued pursuant to subsection A of this section shall refuse or fail immediately to remove him or herself from the area or place so closed, and no such person shall enter or remain within any such area or place known by him or her to be so closed, until the area or place has been reopened to the public by order of proper authority. 11.44.040 Permits for gatherings and meetings. A. No person shall hold, conduct, participate in, attend or address any meeting, organized gathering or assemblage, group picnic, celebration, parade, service or exercise, of fifty or more persons, in any park or recreation area without a written permit granted by the city manager as provided in this section. B. The city manager (acting personally or by delegated designee) is empowered to grant permits authorizing any person, society, association or organization to hold or conduct a meeting, organized gathering or assemblage, group picnic, celebration, parade, service or exercise for the observance of or commemoration of any public celebration, event, or demonstration of a patriotic, municipal or memorial character, or for social, educational, training, entertainment or recreational purposes. 177 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 28 C. An application for a permit shall be granted if the issuing authority determines: 1. That the requested activity is consistent and compatible with proper and appropriate park and recreation area uses at the location applied for; 2. That the requested activity is reasonable and will not interfere with general use of the park or recreation area by other individual or group members of the public; 3. That the requested activity will in all respects comply with the provisions of this code and of any other ordinance, law, rule or regulation in effect at the time and place the activity is to be conducted; 4. That the requested activity is not reasonably anticipated to incite violence, crime or disorderly conduct; 5. That the requested activity will not entail unusual, extraordinary or burdensome expense or police operation by the city; and 6. That no other reason exists why the granting of the permit would be detrimental to the public interest. D. Except in cases where a fee is paid adequate in amount to fully reimburse the public accounts for all involved costs and permits shall not be granted for the purpose of conducting services of any religious denomination or sect, or for the purpose of discussing, expounding, advocating or opposing the principles or creed of any religious denomination or sect. In all other respects, however, applications for such permits shall be considered and processed on an equal basis, subject to the same advantages, qualifications and limitations as other applications by or for another nonreligious organizations, groups or gatherings. E. In the event it is proposed that an admission fee be charged for attendance at the requested activity, or that contributions will be solicited or a collection taken up at the requested activity, the application for a permit shall expressly state such proposal. No person shall charge any such admission fee or solicit contributions or take up any collection at or for any such activity unless a provision allowing it to be done is included in a permit issued under this section. F. The issuing authority may attach conditions to any such permit which are deemed necessary or appropriate to assure that the activity will be carried on in conformance with applicable laws, rules and regulations, in a manner consistent with proper park and recreation area uses, and in a manner not detrimental to the public interest. Where deemed appropriate, the issuing authority may require suitable insurance, indemnity bond or other guarantee to protect city property from damage, to protect the public from unusual and undue expense, or to protect the city from liability of any kind or character. In this connection there may further be required a money deposit or payment to defray unusual expenses to be incurred by the city, such as costs of additional police services, fire protection services, cleanup services, or other municipal services of whatever nature. G. Any permit granted pursuant to the provisions of this section shall specify the time when and the place where the activity shall be held or conducted, and shall designate the name of the person, society, association or organization to whom the permit is issued. (Ord. 10 § 1, 1982) 178 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 29 11.44.050 Rules and regulations—Promulgation by city manager. A. The city manager shall have power and authority to promulgate rules and regulations governing the use and enjoyment by the public and by individual members of the public, of any park, recreation area, recreation or community center, or any portion thereof, or governing the use and enjoyment of any building, structure, equipment, apparatus or appliances thereon, or governing any portions of the foregoing. A copy of the rules and regulations, or a synopsis thereof shall be posted in some conspicuous place at or near the premises where the rules and regulations are to be effective, or in lieu thereof, signs or notices may be posted at or near the premises in order to give public notice of the rules and regulations. B. No person having knowledge of or having been advised of any rule or regulation promulgated pursuant to subsection A of this section, shall disobey, violate, or fail to comply with, any such rule or regulation. C. No person shall disobey, violate, or fail to comply with, any instruction, sign or notice posted in any park, recreation area, or community or recreation center, or in any building or structure thereon, for the control, management, or direction of the premises, when the instruction, sign or notice has been posted in implementation of any rule or regulation promulgated pursuant to subsection A of this section. 11.44.060 Prohibited conduct generally. Within the limits of any public park or recreation area of the city, no person shall: A. Hitch, fasten, lead, drive or let loose any animal or fowl of any kind; provided, that this shall not apply to a dog when led by a cord or chain, not more than six feet long; B. Ride or drive any horse or other animal, or propel any street, off-road or farm vehicle, cycle or automobile, except at a place especially designated and provided for such purpose; C. Carry, or discharge any firearm, air gun, slingshot or other device designed or intended to discharge, or capable of discharging any dangerous missile; provided, that this subsection shall not apply to any peace officer or other person lawfully licensed to carry a concealed weapon or who regularly carries a weapon in connection with private employment protecting property or persons (e.g., private patrol services and bodyguards); CD. Carry or discharge any firecracker, rocket, torpedo or any other fireworks; provided, that this subsection shall not be deemed to prohibit city-sponsored events or the possession or use of safe and sane fireworks not otherwise prohibited by law, with a permit and at places designated or provided for such purpose by the city; DE. Cut, break, injure, deface, remove or disturb any tree, shrub, plant, flower, turf, soil, sand, gravel, fertilizer, rock, building, cage, pen, monument, fence, bench or other structure, apparatus or property; or pluck, pull up, cut, take or remove any shrub, bush, plant or flower, or mark or write upon, paint or deface in any manner, any building, monument, fence, bench or other structure; 179 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 30 EF. Install, plant, place, or add any landscape material, monument, park furniture, play equipment or addition of any kind, including any memorial item without prior city approval. Cut or remove any wood, turf, grass, soil, rock, sand, gravel, or fertilizer; GF. Swim, bathe, wade in, or pollute the water of any fountain, pond, lake or stream, except at a place especially designated and provided for such purpose; HG. Make or kindle a fire except as provided in subsection KJ; IH. Camp or lodge therein at any time, or otherwise remain overnight, whether or not in a structure permanently affixed to the ground, except at a place especially designated and provided for such purpose; JI. Bring a portable grill, stove or barbeque into the area; KJ. Utilize anything other than the city-provided, permanent equipment to cook or barbeque food; LK. Leave garbage, cans, bottles, papers or other refuse elsewhere than in receptacles provided therefor; ML. Play or engage in model airplane flying, remote-controlled equipment or toys operating in the air, on the ground or in water including airplanes, watercraft, vehicles or drones of any kind, driving of golf balls, archery, baseball, softball, football, soccer, volleyball or any similar games of a hazardous nature except at such places where there is at least 3,000 square feet of open land and/or water and in a clearing not obstructed by trees or overhead wiresas are especially set apart for such purposes; NM. Play or bet at or against any game which is played, conducted, dealt or carried on with cards, dice, or other device, for money, chips, shells, credit or any other representative of value, or maintain or exhibit any gambling table or other instrument of gambling or gaming; ON. Indulge in riotous, offensive, threatening, or indecent conduct, or abusive, threatening, profane, or indecent language; PO. Disturb in any unreasonable manner any picnic, meeting, service, concert, sporting event, exercise or exhibition; QP. Distribute any commercial handbill (as defined in Section 5.20.020) without a prior permit so to do from the city manager, which permit shall be issued only after due processing of an application pursuant to Chapter 5.20, and then only if the city manager determines that it would be affirmatively in the public interest to allow upon public property the commercial activity involved; RQ. Post, place, erect, or leave posted, placed or erected, any commercial or noncommercial bill, handbill, circular, notice, paper, or advertising device or matter of any kind, in or upon any building, structure, pole, wire, or other architectural or natural feature of whatever character, except upon a bulletin board or such place especially designated and provided for such purposes, unless prior approval 180 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 31 so to do so has been obtained from the city manager, which approval shall be given only if the city manager determines that it would be affirmatively in the public interest to allow the use of public property for such purposes, or that constitutional principles require that it be allowed; SR. Sell or offer for sale any merchandise, article or thing whatsoever, or practice, carry on, conduct, or solicit for, any trade, occupation, business or profession, unless the activity has been expressly allowed pursuant to specific provisions to such effect contained in either: a permit issued pursuant to Section 11.44.040; a permit issued pursuant to Chapter 5.2036; a permit issued pursuant to Chapter 5.48; a concession agreement or franchise or the like duly entered into or granted by the city council; TS. Remain, stay or loiter therein between the hours of ten p.m. and dawn of the following day, except while attending a gathering or meeting for which a permit has been issued or which is being sponsored or conducted by the city. This subsection shall not apply to persons lawfully lodging, camping or otherwise remaining overnight at a place especially designated and provided for such purposes; U. Use any restroom, washroom or dressing facility designated for the opposite sex, except that this subsection shall not apply to children six years of age or younger who are accompanied by an adult or other older person; VT. Row, sail or operate any boat, craft or other device, on or in any pond, lake, stream or water except at such place as is especially designated and provided for use of such boat, craft, or device; WU. Hunt, frighten, chase, set snare for, catch, injure or destroy any animal or bird, or destroy, remove or disturb any of the young or eggs of the same, or injure or maltreat any domestic or other animal; XV. Fish with hook and line, seine, trap, spear, or net, or by any other means, in any pond, lake, stream or water, except at a place especially designated and provided for such purpose; YW. Feed, chase, capture, harass, injure any species of wild animal or damage the nest or eggs of any wild animal, except as provided in section 10.28.110 of this code; ZYX. Smoke within the boundaries of the city parks. Smoking shall include all tobacco and cannabis products and all electronic or battery-operated devices that deliver vapor for inhalation. Nothing in this section shall replace or otherwise limit the applicability and enforcement of Chapter 11.16 to all park and recreation areas which are now or which may hereafter be under the jurisdiction and control of the city, including, but not limited to, all grounds, roadways, avenues, parks, buildings, trails, open spaces/usable open spaces as defined in Section 9.280.030 of this code, school facilities when they are in use as recreational facilities, and areas, under the control, management or direction of the city manager. 11.44.070 Use of pedestrian and equestrian ways. A. No person shall drive or operate any motor vehicle, motorcycle, motor-driven cycle (as the foregoing are defined in the Vehicle Code) or any other motorized or self-propelled vehicle or device upon which a person can ride, on, over or along any public property or easement (whether or not on a public park or 181 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 32 recreation area) which has been designated, set aside, or is used, as a pedestrian walkway, trail, path, lane or way, or as an equestrian trail, path, lane or way. B. The public entity having ownership or control over any such trail, path, lane, way or walkway may cause it to be posted with an appropriate sign or signs expressly allowing the use of vehicles or devices otherwise prohibited under the provisions of subsection A of this section, and to the extent that such signs allow variations from such prohibitions, the provisions of subsection A of this section shall be inapplicable. C. The provisions of subsection A of this section shall not apply to any electrically-driven wheelchair carrying a person with a disabilitycrippled or otherwise physically incapacitated person. D. The public entity having ownership or control over any trail, path, lane, way or walkway mentioned in subsection A of this section, may, by the posting of an appropriate sign or signs, further restrict the use of the trail, path, lane, way or walkway by persons riding bicycles or other non-motorized vehicles or devices, or by equestrians, and when any such sign is posted, no person shall disobey any prohibition, restriction, direction or other regulation expressed thereon. 11.44.080 Obstructing pathways. No persons shall assemble, collect or gather together in any walk, driveway, passageway or pathway in any park or in other places set apart for the travel of persons or vehicles in or through any park or recreation area, or occupy the vehicle so that the free passage or use thereof by persons or vehicles passing along the same is obstructed in any unreasonable manner. 11.44.090 Children visiting parks with lakes. No parent or guardian, or any person having the custody of any child under the age of eight years, shall cause, permit or allow the child to enter or visit any public park or recreation area having a lake within the boundaries of the park or recreation area unless the child is accompanied by a person of not less than sixteen years of age. 11.44.100 Dog park rules and regulations. A. Dog parks are to be used by dog owners (handlers) and their dogs only. All other activities are prohibited. B. Dog owners using the dog park are using it at their own risk. C. The city is not responsible for injuries to people and dogs or illnesses dogs may contract. D. The city reserves the right to eject anyone from the dog park at any time for any reason. E. Adults must accompany children twelve years old and younger. F. Dog park hours are six a.m.dawn to ten p.m. G. Dogs must never be left unattended. H. All dogs must have current vaccinations and a current city dog license. No exception for dogs whose owners have opted to not vaccinate their dogs based on the state exemption. I. Unruly dogs are not allowed, including excessive barking. Courtesy to residents surrounding parks is expected. J. Female dogs in estrus (heat) are not allowed. K. Dogs are only allowed in the area that is designated for their weight class. L. Dogs in small dog areas are to be twenty-five pounds or less. 182 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 33 M. Dog owners must clean up after their dog(s). N. Owners must stop their dog(s) from digging. Any holes created must be filled by the owner of the dog(s). O. No smoking, (including tobacco and cannabis products and electronic vaping devices), alcohol, or illegal drug use is permitted. P. No loitering permitted in the designated dog park. Q. Unauthorized pieces of equipment, obstacles, or apparatus are not allowed in the designated dog park (skateboards, scooters, bicycles, etc.). R. No dog food (e.g., dog treats) or human food allowed in the dog park. S. Glass containers are not allowed in the dog park. T. Special events or contests are not allowed in the dog park without first obtaining written authorization from the city. (Ord. 488 § 1, 2011) U. Owners must keep dogs from disturbing or interfering with park maintenance personnel. 183 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 34 Chapter 11.48 SCHOOL GROUNDS (1982) 11.48.010 Misuse of school grounds. It is unlawful for any person to enter upon or to use the grounds of any public school in this city for the purpose of meeting, idling, playing, picnicking or eating thereon, without first having obtained written permission therefor from the board of school trustees having charge of the public school grounds, or their authorized agent. (Ord. 10 § 1, 1982) 11.48.015 Dogs at public schools prohibited. The provisions of section 10.28.050 of this code shall apply. 11.48.020 Use by children. Section 11.48.010 shall not apply to children using the grounds under the supervision or permission of the school authorities. (Ord. 10 § 1, 1982) 184 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 35 NEW SECTION 11.50 [was in Chapter 5.20] (1982) 5.20.100 Distribution of sample medicines to minors prohibited. It is unlawful for any person to give away or otherwise distribute free of charge, except when placed in the hands of adult persons, any sample package, parcel, bottle, box or any other quantity of any remedy, nostrum, proprietary medicines or other materials of alleged medical character, or purporting to be a curative agency; or, to throw, place, deposit or leave the same, or cause the same to be thrown, placed, deposited or left in any house, hallway, entranceway, area, yard, or lot on any doorstep or porch or in any street, alley, court, square or public place, except with an adult person. 185 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 36 Chapter 11.56 CURFEW AND TRUANCY (1996) 11.56.010 Children out at night—Restrictions. No person under eighteen years of age shall remain, loiter or wander on or about the public streets, sidewalks, alleys or public parks within this city between the hours of ten p.m. and six a.m. unless the minor child: A. Accompanied by Adult. Is accompanied by a parent, guardian or other adult person having the legal control or custody of the child; B. Authorized Errand. Is in performance of an errand or duty directed by the parent, guardian or other adult person having the legal control or custody of the child; or C. Employment. Is engaged in an employment which makes it necessary for the child to be on or about the public streets, sidewalks, alleys and public parks between said hours. (Ord. 282 § 1, 1996) 11.56.020 Allowing children to be out at night. No parent, guardian or other person having the legal care, custody or control of a child under the age of eighteen years shall allow the child to go or be upon or about any street, sidewalk or public park within the city during the period between the hours abovementioned, unaccompanied by a parent, guardian, or other adult person having the legal custody and control of the minor unless there exists a genuine necessity therefor. (Ord. 282 § 1, 1996) 11.56.030 Truancy. It is unlawful for any minor under the age of eighteen years, who is subject to compulsory education or to compulsory continuation education pursuant to the Education Code to loiter, idle, wander, or be in or upon the public streets, sidewalks, alleys, public parks, shopping centers, malls or other places open to the public generally or any unsupervised place during the hours of seven-thirty a.m. and two-ten p.m. on days when school is in session. This section does not apply: A. When the minor is accompanied by his or her parent, guardian or other adult person having legal control or custody of the child; or B. When the minor is on an emergency errand directed by his or her parent or guardian or other adult person having legal control or custody of the child; or C. When the minor is going directly from or to their place of gainful employment or to or from a medical appointment; or D. To students who have permission to leave school campus for school related activity, illness, or authorized to leave school early and have in their possession a valid, school issued, off-campus permit; or E. When student body is excused for the minimum class schedule or scheduled day off, i.e., holiday, staff in-service day, summer vacation; or 186 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 37 F. When the minor is an “emancipated minor” as that term is defined in Family Code Section 7002. (Ord. 282 § 1, 1996) 11.56.040 Enforcement. A. The city may elect to enforce compliance with this chapter by taking action in the name of the city in a court of competent jurisdiction, through prosecution for violation of this chapter, or through injunctive or other civil relief. B. Each violation of the provisions of this section shall constitute a separate offense. (Ord. 282 § 1, 1996) 11.56.050 Violation—Penalties. A. Those found in violation of this chapter will receive a citation requiring mandatory court appearance. Each time a juvenile is cited, the parent(s) or legal guardian will receive a formal notification letter outlining their responsibility to care for and supervise their child, and the violation which may include contributing to the delinquency of a minor under Section 272 of the California Penal Code. (Contributing to the Delinquency of a Minor-272 PC). B. The bail schedule for violations of this chapter are as follows: 1. First offense: fifty dollars or ten hours of community service. 2. Second offense: seventy-five dollars or fifteen hours of community service. 3. Third and subsequent offenses: one hundred dollars or twenty hours of community service. (Community service is offered to those who demonstrate financial hardship and both the child and parent participate in the service.) (Ord. 282 § 1, 1996) 187 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 38 Chapter 11.64 TRESPASS (1982) [DELETE IN ITS ENTIRETY- combined with Trespass section in 11.08] 11.64.010 Trespass by refusal to leave. No person shall remain on any private property or business premises, after being notified by the owner or lessee or other person in charge thereof to remove therefrom. (Ord. 10 § 1, 1982) 11.64.020 Trespass by prohibited entry. No person, without permission, express or implied, of the owner or lessee or other person in charge of private property or business premises, shall enter upon the private property or business premises after having been notified by the owner or lessee or other person in charge thereof to keep off or keep away therefrom. (Ord. 10 § 1, 1982) 11.64.030 Form of notification. Within the meaning of Sections 11.64.010 and 11.64.020, notification by the owner or lessee or other person in charge of the property or premises may be satisfied by direct verbal communication by any such person or by his duly delegated agent, including a peace officer or private patrolman, or by sign conspicuously posted on the property or premises giving notice of the prohibition of the particular form of trespass involved. (Ord. 10 § 1, 1982) 11.64.040 Exceptions. This chapter shall not apply in any of the following instances: A. Where its application results in or is coupled with an act prohibited by the Unruh Civil Rights Act (which forbids a business establishment generally open to the public, from unreasonably and arbitrarily excluding any prospective customer, and from practicing any racial or other prohibited discrimination); B. Where its application results in or is coupled with an act prohibited by any other provision of law relating to unlawful discrimination against any person on account of color, race, religion, creed, ancestry or national origin; C. Where its application results in or is coupled with an act prohibited by Section 365 of the Penal Code or any other provision of law relating to duties of innkeepers and common carriers; D. Where its application would result in an interference with or inhibition of peaceful labor picketing or other lawful labor activities; E. Where its application would result in an interference with or inhibition of any other exercise of a constitutionally protected right of freedom of speech such as (but not limited to) peaceful expressions of political or religious opinions, not involving conduct otherwise punishable criminally under such laws as Penal Code Section 647c (obstruction of a street, sidewalk, or other public area), or Penal Code Section 415 (disturbing the peace); or F. Where the person who is upon another's private property or business premises is there under claim or color of legal right. This exception is applicable (but not limited to) the following types of situations involving disputes wherein the participants generally have suitable civil remedies readily available to them: Marital and post-marital disputes; child custody or visitation disputes; disputes regarding title to or rights in real property; landlord-tenant disputes; disputes between members of the same family or between persons residing upon the property concerned up until the time of the dispute; employer- employee disputes; business-type disputes such as those between partners; debtor-creditor disputes; and instances wherein the person claims rights to be present pursuant to order, decree or process of a court. (Ord. 10 § 1, 1982) 188 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 39 Chapter 11.68 CHARITABLE SOLICITATIONS (1982) 11.68.010 Definitions. For the purposes of this chapter, the following words are defined and shall be construed as set forth in this section unless it is apparent from the context that they have a different meaning: A. “Charitable” includes the words “philanthropic,” “social service,” “benevolent,” “patriotic,” “humanitarian” either actual or purported. B. “Charity” shall include any person who, or any nonprofit community organization, fraternal, benevolent, educational, philanthropic, or service organization, or governmental employee organization which, solicits or obtains contributions solicited from the public for charitable purposes or holds any assets for charitable purposes. CB. “City Mmanager” means the city manager or his/her authorized representative or designee. “Clerk” means the city clerk. DC. “Contribution” includes the words “money,” “property”, “gift” or “donations” under the guise of a loan of money or property. ED. “Person” is construed as defined in Section 1.01.170. F. “Solicitation for Charitable Purposes” means any oral or written request, plea, entreaty, demand, or invitation, or attempt thereof, to give money or property, in connection with which any of the following applies: 1. Any appeal is made for charitable purposes. 2. The name of any charity, philanthropic or charitable organization is used or referred to in any such appeal as an inducement for making any such gift. 3. Any statement is made to the effect that the gift or any part thereof will go to or be used for any charitable purpose or organization. 4. The name of any organization of law enforcement personnel, firefighters, or other person who protect the public safety is used or referred to as an inducement for transferring any money or property, unless the only expressed or implied purpose of the solicitation is for the sole benefit of the actual active membership of the organization. GE. “Sales Solicitation for Charitable Purposes” means and includes the following: 1. Any oral or written request to a potential customer by any means of communication including but not limited to in person, telephone, U. S. mail, flyers, brochures, published advertisements, public postings, email, or any other electronic means of communication; 2. The sale of, offer or attempt to sell any advertisement, advertising space, book, card, change, coupon, device, magazine, membership, merchandise, subscription, ticket of admission or any other thing or service in connection with which any of the following applies: a. Any appeal is made for any charitable purpose. b. or tThe name of any charity, philanthropicy or charitable organizationassociation is used or referred to in any such appeal as an inducement or reason for making any such sale. 189 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 40 c. , or when or where in connection with any such sale, aAny statement is made to the effect that the whole or any part of the proceeds from any such sale will go to or be used or be donated tofor any charitable purpose or association. A solicitation as defined in this section shall be deemed completed when made, whether or not the person making it receives any contribution or makes any sale referred to in this chapter. (Ord. 10 § 1, 1982) 11.68.020 Compliance with chapter—Notice of intention. No person shall solicit, nor shall any officer or member of any organizationassociation authorize any person to solicit any contribution for any charitable purpose until the city managerclerk has supplied the applicant with a certificate provided for in this chapter and marking it “APPROVED” or “FOR INFORMATION PURPOSES ONLY.” (Ord. 10 § 1, 1982) 11.68.030 Solicitor to file nNotice of intention—Contents. The applicant, within the fiscal year of the city in which the solicitation is made, and aAt least thirty days prior to the beginning of the solicitation, the applicant shall filehave filed with the city manager or his/her designeeclerk, on a form, in triplicate, furnished by the cityclerk to the applicant or association upon whose behalf the solicitation is made, a written notice of intention to solicit the contribution(s), which notice shall contain complete information as follows: A.The date(s) and times of day when the solicitation is to occur. B.The location(s) where the solicitation is to occur. C.The manner and conditions under which the solicitation is to occur. D.Proof of a valid liability insurance policy in the amount of at least one million dollars insuring the charity and the city against bodily injury and property damage arising out of or in connection with the solicitation. No action by the city hereunder shall waive or limit any immunity from liability provided by any provision of law. A. The purpose of the solicitation and use of the contribution to be solicited; B. A specific statement, supported by reasons, and if available, figures showing the need for the contribution proposed to be solicited; C. The character of the solicitation and how it will be made or conducted; D. The expenses of the solicitation including salaries and other items if any, regardless of from what funds the expenses are payable; E. What portion of the contribution collected as a result of the solicitation will remain available for application to the specific purposes declared in the notice of intention as the object of the solicitation; 190 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 41 F. A specific statement of all contributions collected or received by the person or association within the calendar year immediately preceding the filing of the notice of intention; the expenditures or use made of the contributions together with the name and addresses of all persons or associations receiving salaries, wages, compensation, commissions or emoluments for the contributions, and the respective amounts thereof; G. The names and addresses of the officers and directors of any such association for which the solicitation is proposed to be made; H. A copy of the resolution, if any, of any such association authorizing the solicitation, certified to as a true and correct copy of the original of the resolution by the officer of the association having charge of the records thereof; E. All of the information required on the “Solicitation or Sale for Charitable Purposes Card” set forth in subdivision (a) of Section 17510.3 of the California Business and Professions Code. FI. A statement that the signers of the notice have read and are familiar with the provisions of this municipal code chapter and Article 1.3 (commencing with Section 17510) of Chapter 1, Part 3, Division 7 of the California Business and Professions Code, and will require all solicitors engaged in the solicitation to read and be familiar with all sections of this municipal code chapter and Article 1.3 (commencing with Section 17510) of Chapter 1, Part 3, Division 7 of the California Business and Professions Code , prior to making any such solicitation. (Ord. 10 § 1, 1982) 11.68.040 Powers of the city manager. The city managerclerk shall have the following powers: A. To receive the notice of intention as provided in Sections 11.68.030, investigate it and supply to the applicant a copy of a certificate with either the word “APPROVED” or “FOR INFORMATION PURPOSES ONLY” marked thereon; B. To investigate the allegations of the notice of intention or any statement or representations; the investigation shall be for the time prescribed in Section 11.68.030; C. To have access to and inspect and make copies of all books, records and papers of any applicant by or on whose behalf any solicitation is made; D. To investigate at any time the methods of making or conducting any such solicitation; E. To publish results of any investigation provided for or authorized by Section 11.68.030 and to ascertain and to publicize any additional information obtained as shall, in the opinion of the city managerclerk, be of assistance to the public to determine the nature and worthiness of the purpose for which the solicitation is made; F. To give such publicity to any such results by the means as may be deemed best to reach the general public and persons interested; 191 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 42 G. To waive the whole or any part of the provisions of this chapter for the purpose of meeting any extraordinary emergency or calamity. (Ord. 10 § 1, 1982) 11.68.050 Standards. The city managerclerk shall approve the issuance of a certificate with the word “APPROVED” marked thereon when the following facts are found to exist: A. That all the statements made in the application are true; B. That the applicant has not been, or if the applicant is not an individual person that none of its agents operating in the city have been, convicted of a crime, either felony or misdemeanor, involving moral turpitude; C. That the applicant has not engaged in any fraudulent transaction or enterprise; D. That the solicitation will not be a fraud on the public. If the notice of intention indicates the sum to remain available for application to the specific purposes declared in the notice of intention as the object of the solicitation is less than sixty percent of the amounts to be collected, the showing shall indicate and be prima facie evidence that the solicitation will be a fraud on the public. (Ord. 10 § 1, 1982) 11.68.060 Fraud. No person shall make or perpetuate any misstatement, deception or fraud in connection with any solicitation of any contribution for any charitable purpose. (Ord. 10 § 1, 1982) 11.68.070 Name. No person shall use in soliciting or give to any person whomsoever, either a fictitious name or an alias or any other than his full, true and correct name, or make any such solicitation without at the time giving to the person solicited his own full, true and correct name, nor shall he impersonate any other person in making the solicitation. (Ord. 10 § 1, 1982) 11.68.080 Accounting SystemFinancial records and reports. No person shall solicit any contributions for or on behalf of any charitable organizationassociation unless the organizationassociation is maintaining financial recordsa system of accounting in accordance with Article 1.3 (commencing with Section 17510) of Chapter 1, Part 3, Division 7 of the California Business and Professions Code.whereby all donations to it and all disbursements made by it are entered upon the books or records of its treasurer or other financial officer. (Ord. 10 § 1, 1982) In addition to any reporting requirements under state law, every person soliciting any contribution for any charitable purpose must file with the city manager, within thirty days after a demand therefor, a verified return stating the contributions secured from or as a result of any such solicitation, and stating the uses and manner for which all such contributions were or are to be disbursed or distributed. Every return shall be signed under penalty of perjury, and the return, if made by an organization, shall be signed by at least two officers thereof; provided, that when any such solicitation is made by any such organization, the return need be filed only by the organization and not by an individual solicitor engaged in any such solicitation. 192 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 43 11.68.090 Unattended collection boxes or receptacles.Public property. A. Public Property. No person shall solicit or collect any contribution, including salvageable personal property, for any purpose by means of any unattended box or receptacle, upon any public street, sidewalk or way, or in any public park, or in any publicly owned or controlled place except by the express written permission of the city manager. (Ord. 10 § 1, 1982) 11.68.100 Private property. Delete – move text to 11.68.090 B. Private Property. 1. No person shall solicit or collect any charitable contribution, including salvageable personal property, or any contribution for any real or purported charitable purpose, by means of any box or receptacle in any place immediately abutting upon any public sidewalk or way, or in any place of business open to the public, or in any room, hallway, corridor, lobby or entranceway, or other place open to or accessible to the public, or in any place of public resort, or on any other privately owned property, without first filing with the city managerclerk a “notice of intention” as required by Section 11.68.030, and every person or organization so soliciting must in all other respects comply with the provisions of this chapter. (Ord. 10 § 1, 1982) 2. All collection boxes and similar receptacles shall comply with the labeling requirements of Section 151 of the California Welfare and Institutions Code Section 151. 3. Any collection box or similar receptacle in violation of this chapter may be declared a public nuisance. 11.68.110 Prerequisites to soliciting in the name of a charitable organizationAgency. No person shall solicit in the name of or on behalf of any charitable organizationassociation unless the solicitor has: A. Written authorization of two officers of the organizationassociation, a copy of which shall be filed with the city managerclerk, and which authorization and copy shall each bear a specimen signature of the solicitor; the written authorization shall expressly state on its face the period for which it is valid which shall not exceed ninety days from the date issued; B. The authorization with him when making solicitations and exhibit it on request to persons solicited, or police officers, or agents of the city managerclerk. 11.68.115 Penalties for false personation and cheats. In addition to any other fine or penalty authorized for a violation of this chapter, pursuant to Section 532d of the California Penal Code, Anyany person who solicits or attempts to solicit or receives money or property of any kind for a charitable, religious or eleemosynary purpose and who, directly or indirectly, makes, utters, or delivers, either orally or in writing, an unqualified statement of fact concerning the purpose or the organization for which the money or property is solicited or received, or concerning the cost and expense of solicitation or the manner in which the money or property or any part thereof is to be used, which statement is in fact false and was made, uttered, or delivered by that person either willfully and with knowledge of its falsity or negligently without due consideration of those facts which by the use of ordinary care he or she should have known, is guilty of a misdemeanor, and is punishable by imprisonment in the county jail for not more than one year, by a fine not exceeding five 193 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 44 thousand dollars ($5,000), or by both that imprisonment and fine. An offense charged in violation of this section shall be proven by the testimony of one witness and corroborating circumstances. 11.68.120 Verified return. Deleted – MOVED UP TO 11.68.080 Every person soliciting any contribution for any charitable purpose must file with the clerk within thirty days after a demand therefor a verified return stating the contributions secured from or as a result of any such solicitation, and showing exactly for what uses and in what manner all such contributions were or are to be disbursed or distributed. Every such return shall be sworn to by the persons or associations filing or obligated to file the notice of intention, and the return, if made by any such association, shall be signed by at least two officers thereof; provided, that when any such solicitation is made by any such association, the return need be filed only by the association and not by an individual solicitor engaged in any such solicitation. (Ord. 10 § 1, 1982) 11.68.130 Provisions not applicable to certain solicitations. The provisions of this chapter, except Sections 11.68.010 and 11.68.060, shall not be applicable to any solicitation made upon premises owned or occupied by the association upon whose behalf the solicitation is made, nor to any solicitation for the relief of any individual specified by name at the time of the solicitation where the solicitor represents in each case that the entire amount collected, without any deduction whatever, shall be turned over to the named beneficiary, nor shall they be applicable to any association soliciting contributions solely from persons who are members thereof at the time of the solicitation, nor shall they be applicable to solicitations made solely for evangelical, missionary or religious purposes; however, that in any case where it comes to the attention of the city managerclerk that any solicitation has been or is being intended to be made for evangelical, missionary or religious purposes but in such manner, as in the opinion objective determination of the city managerclerk, is calculated to give or may give the impression to the person or persons solicited in any such solicitation or to the public that the purpose of the solicitation is either in whole or in part charitable, then the city managerclerk, if in his opinion the public interest will be subserved thereby, shall may investigate the matter of the solicitation and give publicity to hismay publish the findings thereon in such manner as he may deemto best to advise the public of the facts of the case. (Ord. 10 § 1, 1982) 11.68.140 Solicitation on Highway 111 prohibited. No person shall park or stand any vehicle on State Highway 111, within the city limits, for the purpose of soliciting funds for any charitable institution, or otherwise. (Ord. 10 § 1, 1982) 194 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 45 Chapter 11.72 PUBLIC NUISANCES (1989, 1990, 1995, 2007, 2008) 11.72.010 Definitions. As used in this chapter the following terms shall have the meanings indicated: A. Polluted water. “Polluted water” means water in a swimming pool, pond, or other body of water containing bacterial growth, algae, remains of insects or deceased animals, reptiles, rubbish, refuse, debris, papers or any other foreign material constituting an unhealthy, unsafe or unsightly condition. B. Premises. “Premises” means any lot or lots and the buildings or structures located thereon. C. Property Owner. “Property owner” means the owner of the premises where a public nuisance is located as indicated on the last available tax assessment roll. D. Refuse and Waste Matter. “Refuse and waste matter” means unused or discarded matter having little or no substantial market value including but not limited to: rubble, asphalt, concrete and building materials, plaster, tile, rocks, bricks, soil, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal, furniture, inoperative vehicles, vehicle bodies or parts thereof, trimmings from plants or trees, cans, bottles, and barrels. E. State of Partial Construction. “State of partial construction” means buildings and structures which are partially constructed when the building permit for such construction has expired. (Ord. 160 § 1, 1989) 11.72.020 Public nuisances prohibited. No person shall create, maintain, or allow any nuisance as declared in this chapter to remain on any premises within the city. (Ord. 160 § 1, 1989) 11.72.030 Public nuisances declared. The following are declared public nuisances: A. Buildings or structures which are abandoned, partially destroyed or in a state of partial construction; B. Buildings or structures that have dry rot or warped materials, are infested with termites, or the paint is cracked, peeled or blistered, rendering the building unsightly; C. Exterior walls, fences, driveways or sidewalks in a condition of deterioration or disrepair which are defective or unsightly; D. Broken windows, damaged doors or gates which constitute a health or safety hazard or which act as an invitation to trespassers, vagrants, wild or domestic animals or minor children; E. Parking or storing construction equipment, machinery or building materials in a residential zone except during excavation, construction or demolition operations conducted pursuant to a building or grading permit; 195 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 46 F. Land graded without a grading permit which causes or may cause eroding, subsidence or surface water drainage problems and is injurious or potentially injurious to adjacent properties and the public health, safety and welfare; G. Any excavation, pit, well or hole maintained in a manner that is dangerous to life or limb; H. Any accumulation of dust, sand, gravel, refuse and waste matter or discarded materials including building and construction materials that endangers public health and safety; I. Outdoor stairs, porches, hand railings, balconies and swings not maintained in accordance with the Uniform Building Code adopted by the city; J. Allowing the following to exist on a property: 1. Any property, excluding water that has been artificially altered from its natural condition so that it now supports the development, attraction, or harborage of vectors. The presence of vectors in their developmental stages on a property is prima facie evidence that the property is a public nuisance, 2. Any water that is a breeding place for vectors. The presence of vectors in their developmental stages in the water is prima facie evidence that the water is a public nuisance, 3. Any activity that supports the development, attraction, or harborage of vectors, or that facilitates the introduction or spread of vectors, 4. “Vector” as used herein means any animal capable of transmitting the causative agent of human disease or capable of producing human discomfort or injury, including, but not limited to, mosquitoes, flies, mites, ticks, other arthropods, and rodents and other vertebrates, 5. “Public nuisance” as used herein shall not include agricultural operations that are designed and managed consistent with the accepted standards and practices for controlling fly development, as defined in Health and Safety Code Section 2062(b); K. Premises so maintained as to cause the accumulation of polluted or stagnant water from any source which may cause a hazardous or unhealthy condition, breeding area for insects or erosion of foundation walls or soil; L. The use of any spray, paint, dye, chalk or similar substance to mark or deface any building, structure, hillside, rock(s), storm channel, or any other surface open to public view which is commonly known as graffiti; M. Violation of any of the zoning or sign ordinances of the city or any of the uniform codes adopted by the city including the Uniform Building Code, Uniform Code for the Abatement of Dangerous Buildings, plumbing code, electrical code, mechanical code, swimming pool code, fire code, health code and Uniform Housing Code; N. Maintenance of property so out of harmony or conformity with the maintenance standards of adjacent properties which causes a substantial diminution in the enjoyment, use or value of adjacent properties; 196 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 47 O. Outdoor burning of any material or structure unless sanction by the fire department as a training fire or when used as a cooking or comfort fire contained in a fireproof container no larger than four feet in diameter; P. Permitting any abandoned, unattended or discarded icebox, refrigerator, freezer or other similar container with an airtight door or lid that cannot be readily released from the inside to remain unattended inside or outside any building or structure; Q. Stockpiling fill dirt or other material without a grading permit; R. Maintenance of grounds, landscape, shrubs, plants or vegetation visible from the public right-of-way which causes a substantial diminution in the enjoyment, use or value of adjacent properties; S. Landfills containing organic materials except those permitted by the city manager building director or the public works director of the city; T. Allowing the following to exist on property: 1. Lumber, junk, refuse and waste matter or abandoned, discarded or unused objects or equipment such as furniture, appliances, and play equipment which is visible from the public right-of-way, 2. Attractive nuisances such as abandoned or broken equipment and machinery, hazardous pools, and excavations, and unsecured dwellings. 3. Clotheslines located in front yards or side yards of corner lots, clothes hung to dry on walls, fences, trees, bushes or inside open garages or carports which can be observed from the public right-of- way, 4. Materials stored on rooftops which are visible from the public right-of-way, 5. Trash containers or plastic bags causing offensive odors or a breeding place for flies, 6. Gasoline, oil, grease, water or other materials flowing onto a right-of-way or an accumulation of refuse, waste, grease and oil on any surface including but not limited to, surfaces such as improved or unimproved ground, rights-of-way, buildings, structures, walls or fences, 7. Any tree, shrubbery or plant growing onto or over the public right-of-way which impairs pedestrian or vehicular traffic or prevents drivers from clearly observing safety signs and signals, 8. Dead, decayed, diseased or hazardous trees, hedges, weeds, shrubs and overgrown vegetation likely to harbor rats or vermin or constitute an unsightly appearance or fire hazard; U. Dumping or discharge of refuse, sewage, filthy water and waste matter upon the following: 1. Any public or private highway or road, 2. Private property where the public is admitted by easement or license, 3. Private property with or without the consent of the property owner, and 4. Any public property not designated for such purpose; V. Dumping or placing any rocks or dirt upon public or private property without the consent of the state or local agency retaining jurisdiction over such highway or property; W. Repairing, storing, or otherwise working on any motor vehicle or parts thereof not belonging to the person residing on the premises in any residential area within the city unless: 1. Such activities are completely enclosed and not visible from the public right-of-way, or 197 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 48 2. Such activities constitute emergency repairs, provided that such repairs do not exceed seventy- two hours; X. Parking a vehicle, as defined in Chapter 11.80, in public view when a failure to maintain its exterior causes such vehicle to constitute an eyesore. Vehicles shall be deemed unsightly when body parts rust or become corroded, paint becomes faded, chipped, or peeled or the vehicle exterior becomes otherwise dilapidated; Y. Sanding or painting a vehicle, as defined in Chapter 11.80, anywhere in a residential zone; Z. Failure to obscure vehicles and equipment which are stored in a residential zone out of public view; AA. Storage of any item in a residential zone in a manner which endangers public health and safety; BB. Any business, factory, yard, establishment or other place which generates into or pollutes the atmosphere with any unwholesome, offensive, or deleterious gas, fumes, dust, smaokesmoke, or odors, or allows offensive odors to be emitted from offal, garbage or any animal or vegetable matter; CCBB. Any offensive or unwholesome business or establishment operated in a manner dangerous to the public health, safety and welfare; CC. Those offenses declared a nuisance anywhere in the code of the city or the statutes of the state of California or known at common law as nuisances when the same exist within the jurisdiction of the city. DD. Medical Marijuana Dispensaries. As used in this chapter, a “medical marijuana dispensary” is a facility or location which provides, makes available, or distributes recreational or medical marijuana, or both, to a primary caregiver, a qualified patient, or any person, with or without an identification card, as may otherwise be permissible under Division 10 (commencing with Section 26000) of the California Business and Professions Code, Article 2 (commencing with Section 11357) or Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the California Health and Safety Code, or any other law or regulation of the State of California , in accordance with California Health and Safety Code Section 11362.5 et seq. EECC. Those offenses declared a nuisance anywhere in the code of the city or the statutes of the state of California or known at common law as nuisances when the same exist within the jurisdiction of the city. 11.72.040 Inspections. A. Authorized Representative. The city manager and the community safety director or his/hertheir representative(s) are authorized to make inspections and take such actions as may be required by this chapter to provide for the abatement of public nuisances. B. Right of Entry. Whenever there is reasonable cause to believe that a condition, activity, or use of property exists which constitutes a public nuisance the city manager or community safety director or their his/her representative(s) may enter the premises at a reasonable time for the purpose of inspection. If such premises are occupied, entry shall be requested and proper credentials shall be presented. If such premises are unoccupied, a reasonable effort shall be made to locate the property 198 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 49 owner. If entry is refused or if the property owner cannot be located after a reasonable time, a twenty- four hour written notice of intent to inspect shall be left at the premises. The notice shall state that the property owner has the right to refuse entry and if such entry is refused, the city may seek assistance from a court of competent jurisdiction to obtain entry to inspect the premises. (Ord. 160 § 1, 1989) 11.72.050 Abatement of public nuisances. A. Dangerous Buildings. The Uniform Code for the Abatement of Dangerous Buildings shall apply and preempt the provisions of this chapter whenever the public nuisance to be abated constitutes a dangerous building as defined in the Uniform Code for the Abatement of Dangerous Buildings. B. Notice of Public Nuisance. Upon determination that a public nuisance exists a notice shall be issued to the property owner. The notice shall read “Notice of Public Nuisance,” in letters not less than one inch in height. and The notice shall direct abatement of the nuisance, identify the nuisance by referring to this chapter, and contain a general description of the property sufficient to identify the location of the public nuisance. C. Service. The notice of public nuisance shallmay be served in accordance with Section 1.01.300 of this code.by one of the following methods: 1. Personal service; or 2. Certified mail; or 3. Posting the notice at a conspicuous place on the premises where the nuisance is located or at the abutting public right-of-way in addition to personal service or notice by certified mail. D. Time to Abate. Public nuisances shall be abated by the property owner no more than twenty- onethirty days from the date of personal service as defined by section 1.01.300 of this code. or mailing the notice of public nuisance. If a public nuisance constitutes an immediate fire hazard, the public nuisance shall be abated within five days of personal service or mailing the notice of public nuisance. E. Summary Abatement. Whenever a public nuisance exists which constitutes an emergency presenting imminent danger to life or serious injury to persons or property, an authorized representative of the city may order without notice or judicial action the immediate abatement of the public nuisance. F. Appeal Procedure. Within ten days from the date of personal service or mailing the notice of public nuisance the property owner may appeal the determination that a public nuisance exists to the city manager pursuant to chapter 2.08 of this code.planning commission. The appeal shall be in writing and filed with the city clerk. At a regular meeting not more than thirty days thereafter the planning commission shall proceed to hear and pass upon the appeal. The planning commission's decision may be appealed within ten days of the decision by written request to the city clerk. The city council shall hear the appeal at a regular meeting not more than thirty days from the date of request. G. Failure to Abate. If a public nuisance is not voluntarily abated after notification the following shall apply: 1. Prosecution. Failure to abate shall constitute an infraction pursuant to Section 1.01.200 of this code which provides for prosecution as misdemeanor upon committing three infractions. 199 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 50 2. City to Abate. The city may cause the public nuisance to be abated. The manner of abatement and costs incurred by the city to abate the public nuisance shall be reported to the city council by the city manager or his/her designeecommunity safety director immediately following abatement. 3. Judicial Action. The city may commence a civil action in a court of competent jurisdiction to cause abatement of the public nuisance. Reasonable attorney’s fees and costs may be collected by the city in any action to abate a public nuisance. (Ord. 160 § 1, 1989) 11.72.060 Costs of abatement. A. Responsibility for Costs. If the city abates a public nuisance pursuant to Sections 11.72.050(EB)(2) or 11.72.050(GE)(2)this chapter, the cost of abatement may be collected as a recorded nuisance abatement lien or may be collected recordedas a special assessment assessed as a lien against the property together with an additional twenty-five percent of the cost of abatement for inspection and any administrative and incidental costs incurred by the city to abate the public nuisance. B. Hearing on Assessment. To determine if the cost of abatement shall be collected as a recorded nuisance abatement lien or a special assessment recorded as a special assessmentassessed as a lien against the property, a public hearing shall be held by the city council. The city clerk shall schedule the hearing for the first regular meeting that is held at least seven days following the filing of the community safety director's report on the costs and manner of abating the public nuisance pursuant to Section 11.72.05080(B). The property owner shall be served notice advising him/her of the date, time and location of the hearing in accordance with Section 1.01.300 of this code11.72.070(C) of this chapter. A property owner may pay the assessment to the city clerk prior to the hearing to avoid a lien or special assessmentlien being placed against the property. The city council shall consider any objections to the lien or special assessment at the hearing. If the city council determines that the cost of abatement shall be collected as a recorded nuisance abatement lien or a special assessment recorded as a special assessmentassessed as a lien against the property, a resolution shall be adopted by the city council stating the amount of the assessment. The city clerk shall prepare and file a certified copy of the resolution with the county recorder-auditor-controller. C. Assessment and Collection. Government Code Sections 38773.1 and 38773.5 are incorporated by reference as it currently exists and may be subsequently amended. Section 38773.5 provides that the assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected. If payment is delinquent the assessment shall be subject to the same penalties and procedure and sale as provided for ordinary municipal taxes. (Ord. 160 § 1, 1989) 200 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 51 Chapter 11.73 GRAFFITI (1991, 2011) 11.73.010 Definitions. As used in this chapter, “graffiti” means any unauthorized inscription, word, figure, mark or design that is written, marked, etched, scratched, drawn or painted on any real or personal property, including but not limited to the structural component of any building, structure, hillside, rock, storm channel, or any other surface open to public view, regardless of the nature of the material of the structural component. 11.73.020 Inspections. A. Authorized Representative. The city manager and the building and safety director or his/her their representative(s) are authorized to make inspections and take such actions as may be required by this chapter to provide for the abatement of graffiti. B. Right of Entry. Whenever there is reasonable cause to believe that graffiti exists on public or private property, the city manager or building and safety director or their his/her representative(s) may enter the premises at a reasonable time for the purpose of inspection. If such premises are occupied, entry shall be requested and proper credentials shall be presented. If such premises are unoccupied, a reasonable effort shall be made to locate the property owner. If entry is refused or if the property owner cannot be located after a reasonable time, a twenty-four-hour written notice of intent to inspect shall be left at the premises. The notice shall state that the property owner has the right to refuse entry, and if such entry is refused, the city may seek assistance from a court of competent jurisdiction to obtain entry to inspect the premises. 11.73.030 Abatement of graffiti. A. Notice to Abate Graffiti. Upon determination that graffiti exists, a notice shall be issued to the property owner. The notice shall be entitled, “Notice to Abate Graffiti,” in letters not less than one inch in height, and shall cite this chapter as authority for such abatement. The notice shall contain a general description of the graffiti and a general description of the property on which the graffiti is located, sufficient to identify the location of the property. The notice shall inform the owner of the property that the graffiti must be abated within three days from the date of service of the notice. B. City Removal of Graffiti. The notice shall inform the owner that the city will, at no expense to the owner and at the owner’s request: 1. Supply paint and other necessary supplies to the owner for use in painting over or otherwise removing the graffiti; or 2. Direct a city employee or agent to paint over or otherwise remove the graffiti. BC. Service. The notice to abate graffiti shall be served in accordance with 1.01.300. 1. The notice to abate graffiti may be served by one of the following methods: a. Personal service, or b. Certified mail, or c. Posting the notice at a conspicuous place on the premises where the graffiti is located or at the abutting public right-of-way in addition to service by personal service or certified mail; 2. The notice shall be deemed served at the time of personal service, one day after the certified mail is postmarked (exclusive of days in which the U.S. mail is not delivered), and at the time of posting. 201 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 52 CD. Appeal Procedure. Within three days from the date of the notice to abate graffiti, the property owner may appeal the determination that graffiti exists on the property to the city manager,planning commission pursuant to chapter 2.08 of this code. The appeal shall be in writing and filed with the city clerk. At a regular meeting not more than thirty days thereafter, the planning commission shall proceed to hear and pass upon the appeal. The planning commission’s decision may be appealed within ten days of the decision by written request to the city clerk. The city council shall hear the appeal at a regular meeting not more than thirty days from the date of request. DE. Failure to Abate. If graffiti is not voluntarily abated after notification, the following shall apply: 1. Prosecution. Failure to abate graffiti shall constitute an infraction pursuant to Section 1.01.200 of this code, which provides for prosecution as misdemeanor upon committing three infractions. 2. City to Abate. The city may cause the graffiti to be abated. The manner of abatement and costs incurred by the city to abate the graffiti shall be reported to the city council by the city manager or his/her designeebuilding and safety director immediately following abatement. 3. Judicial Action. The city may commence a civil action in a court of competent jurisdiction to cause abatement of the graffiti. Reasonable attorney’s fees and costs may be collected by the city in any action to abate graffiti. EF. Costs of Abatement. The costs of abatement of graffiti shall consist of the “expense of abatement” allowable by California Government Code Section 38772 which may be assessed by the city in the same manner as set forth in Section 11.72.060 of this code. Government Code Sections 38773.2 and 38773.6 are incorporated by reference as it currently exists and may be subsequently amended. 11.73.040 Graffiti-removal program. [delete in its entirety] A. Graffiti Removal. The city manager and the building and safety director shall develop a graffiti- removal program to assist property owners to expeditiously remove graffiti. Through the graffiti- removal program, the city shall supply to property owners paint and other materials and supplies necessary to paint over or remove graffiti, and shall provide city employees and/or agents to paint over and remove graffiti on private and public property. The services provided by this program shall be at the cost of the city, and property owners shall not be charged for such services. B. Release of Claims. No services shall be provided to any property owner until and unless such property owner has executed and delivered to the city permission to render such services and a release of the city from all claims and liability arising from the program, on a form provided by or acceptable to the city attorney. C. Information Program. The city manager and the building and safety director shall develop a program to inform citizens and property owners of the provisions of this chapter, and to assist such persons to comply. Such program shall attempt to obtain executed permission and release forms from as many property owners as possible in advance of the existence of graffiti on such persons’ property, in order to facilitate the expeditious removal of graffiti. (Ord. 189 § 1, 1991) 11.73.050 Other applicable laws. To the extent that this Chapter 11.73 conflicts with any portion of Chapter 11.72 of this code, this Chapter 11.73 shall prevail. (Ord. 189 § 1, 1991)This chapter is intended to be construed with, and not 202 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 53 superseding, Chapter 11.72 of this code. To the extent a nuisance abatement involves only graffiti, this chapter may be applied. To the extent nuisance abatement involves graffiti with any additional public nuisance, nothing in this chapter is to be construed to preempt the authority of the city to abate the public nuisances pursuant to only Chapter 11.72, or to both Chapter 11.72 and this chapter. 11.73.060 Regulation of the sale of aerosol spray paint. Any retail business that sells aerosol spray paint shall be required to contain such paint in securely locked areas. 203 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 54 Chapter 11.76 UNCLAIMED PROPERTY (1982) 11.76.010 Definitions. In this chapter: A. “Police” means the Riverside County Sheriff’s Department, County of Riverside, State of California pursuant to the law enforcement services agreement currently in force and as amended, renewed, or restated from time to time (“law enforcement services agreement”). AB. “Chief of police” means the chief of police then assigned to the city of La Quinta by the Riverside County Sheriff’s Department pursuant to the law enforcement services agreement or agent of the chief of police, duly authorized by him or her. BC. “Unclaimed property” means money, chattels or property of all kinds and descriptions, excepting animals, which property is lost, stolen, abandoned or otherwise unclaimed. (Ord. 10 § 1, 1982) 11.76.020 Custody. The chief of police shall be the custodian of all unclaimed property which may now be in his or her possession or his or her control, or which may hereafter come into the possession or control of the chief of police or any police officer of the city. (Ord. 10 § 1, 1982) 11.76.025 Compliance with Riverside County Sheriff’s Department regulations and procedures. A. The policies, procedures and regulations for the handling, tracking, storage, return, sale or other disposition of unclaimed property, and the policies, procedures and regulations for accounting, sale proceeds and proceed deposits shall be subject to and governed by any and all ordinances, resolutions, regulations, policies, procedures and other official actions taken by the Riverside County Sheriff’s Department, County of Riverside, California during the term of the law enforcement services agreement. B. In the event the city takes official action to no longer be a party to the law enforcement services agreement, then all unclaimed property subject to this chapter, shall remain subject to and governed by the policies, procedures and regulations for the handling, tracking, storage, return, sale or other disposition of unclaimed property, and the policies, procedures and regulations for accounting, sale proceeds and proceed deposits shall be subject to and governed by any and all ordinances, resolutions, regulations, policies, procedures and other official actions then in place by the Riverside County Sheriff’s Department, County of Riverside, California, except that the city shall be the governing agency with jurisdiction over unclaimed property. The city manager shall have the authority to enact any and all regulations that would allow for the city to administer unclaimed property until such time as the city enacts an ordinance(s) amending this chapter or other provisions of the code in furtherance of regulating unclaimed property. 11.76.030 Registration. [delete in its entirety] The chief of police and every police officer of the city, upon taking or receiving into custody, in the discharge of his or her duty, unclaimed property, shall forthwith deliver the unclaimed property to the chief of police, who shall register all such property delivered to or received by him or her in a book kept for that purpose, stating the name of the person from whom, and by whom, the property has been taken, the name of all claimants to the property, the time of seizure and the final disposition of the property. (Ord. 10 § 1, 1982) 204 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 55 11.76.040 Storage. [delete in its entirety] All unclaimed property in the possession of the chief of police, except property subject to confiscation under the laws of this state or the laws of the United States of America, shall be stored in a safe place by the chief of police. (Ord. 10 § 1, 1982) 11.76.050 Restoration to owner—Court evidence. [delete in its entirety] The chief of police shall restore unclaimed property in his or her possession to its legal owner, upon proof of the ownership satisfactory to the chief of police and upon the payment of all reasonably necessary costs incurred in the care and protection thereof, unless the property is held by the chief of police as evidence in a pending civil or criminal case, in which event it shall be disposed of only upon order of the proper court, or otherwise in accordance with state law. (Ord. 10 § 1, 1982) 11.76.060 Publication of notice of intention to sell. [delete in its entirety] At any time after holding the unclaimed property for at least six months, the chief of police shall publish once in a newspaper of general circulation within the county a notice of intention to sell all such unclaimed property at public auction to the highest bidder at the time and place therein specified together with a brief description of the unclaimed property to be sold. (Ord. 10 § 1, 1982) 11.76.070 Time of publication. [delete in its entirety] The notice shall be published at least five days prior to the date of the sale. (Ord. 10 § 1, 1982) 11.76.080 Sale—Disposition of proceeds. [delete in its entirety] After having duly published the advertisement provided for by Sections 11.76.060 and 11.76.070, the chief of police shall, at the time and place designated in the advertisement, proceed to sell at public auction, to the highest bidder for cash, lawful money of the United States of America, the property described in the advertisement, and, after having paid the just and reasonable expenses for storage, advertising and sale, from the proceeds of the sale, shall turn the remainder of the proceeds over to the city treasurer, who shall retain the proceeds in an appropriate trust fund. (Ord. 10 § 1, 1982) 11.76.090 Holding of proceeds. [delete in its entirety] The city treasurer shall retain the proceeds for a period of one year from the date of the sale, subject to any lawful claim which may be made by the owner of any of the unclaimed property sold. (Ord. 10 § 1, 1982) 11.76.100 Accounting by police chief. [delete in its entirety] The chief of police shall give a full accounting as to the proceeds of the sale and the disposition thereof to the city manager within thirty days following the sale. (Ord. 10 § 1, 1982) 11.76.110 Payment into general fund. [delete in its entirety] The city treasurer shall, at the expiration of one year from the date of each and every sale made under this chapter, pay into the general fund all moneys remaining in his hands on account of the sale or sales. (Ord. 10 § 1, 1982) 205 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 56 CHAPTER 11.80 VEHICLE CONTROL (1990) 11.80.010 Definitions. As used in this chapter the following terms shall have the meanings indicated: A. “Abandoned vehicle” means a vehicle that is wrecked, dismantled or otherwise inoperative which is parked, stored, or left standing in public view upon a private or public property. for more than ten consecutive days. A presumption of abandonment shall arise when a vehicle is located in public view within a residential zone in an area not specifically designed for vehicular parking. Areas not specifically designed for vehicular parking in residential zones shall include, but are not limited to front and side yards and unpaved areas. B. “Camping trailer” means a vehicular portable unit mounted on wheels and constructed with collapsible partial sidewalks which fold for towing by another vehicle and unfold at the campsite and designed for human habitation for recreational or emergency occupancy. C. “Highway” means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street. D. “Motor home” means a vehicular unit built on, or permanently attached to a self-propelled motor vehicle chassis, chassis cab or van, which becomes an integral part of the completed vehicle, designed for human habitation for recreational or emergency occupancy. E. “Motor vehicle” means a vehicle which is self-propelled. F. “Motorcycle” means any motor vehicle other than a tractor having a seat or saddle for use of the rider and designed to travel on not more than three wheels in contact with the ground and weighing less than one thousand five hundred pounds, except that four wheels may be in contact with the ground when two of the wheels are a functional part of a sidecar. G. “Motor-driven cycle” means any motorcycle, including a motor scooter, with a motor which produces less than fifteen gross brake horsepower, and every bicycle with a motor attached, but does not include a motorized bicycle. H. “Motorized bicycle” or “moped” means any two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power, or have no pedals if powered solely by electrical energy, and an automatic transmission and a motor which produces less than two gross brake horsepower and is capable of propelling the device at a maximum speed of not more than thirty miles per hour on level ground. I. “Off-highway motor vehicle” means a motor vehicle operated off the highways including but not limited to: 1. Any motorcycle or motor-driven cycle; 2. Any snowmobile or other device designed to travel over snow or ice; 3. Any motor vehicle commonly referred to as a sandbuggy, dune buggy, or all-terrain vehicle; and 4. Any motor vehicle commonly referred to as a jeep. 206 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 57 J. “Owner of the land” means the owner of the land on which the vehicle or parts thereof is located, as shown on the last equalized assessment roll. K. “Owner of the vehicle” means the last registered owner or legal owner of the vehicle. L. “Park trailer” means a trailer coach, designed for human habitation for recreational or seasonal use only which meets all of the following criteria: 1. It contains four hundred square feet or less of gross floor area measured at the maximum horizontal projections. However, it may not exceed twelve feet in width or forty feet in length in the traveling mode; 2. It is built on a single chassis; 3. It may only be transported upon the public highways with a permit; and 4. It is constructed in accordance with the Standard No. A119.5 of the American National Standards Institute, as it may be amended. M. “Public view” means visibility from the street or from other public or private property. N. “Recreational vehicle” means a motor home, slide-in camper, travel trailer, truck camper, park trailer, or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy. O. “Registered owner” means a person registered by the Department of Motor Vehicles as the owner of the vehicle. P. “Slide-in camper” means a portable unit, consisting of a roof, floor and sides, designed to be loaded onto and unloaded from a truck, and designed for human habitation for recreational or emergency occupancy. A “slide-in camper” means a truck camper. Q. “Travel coach” means a vehicle, other than a motor vehicle, designed for human habitation or human occupancy for industrial, professional, or commercial purposes, for carrying property on its own structure, and for being drawn by a motor vehicle. R. “Travel trailer” means a portable unit, mounted on wheels, of such a size and weight so as not to require special highway movement permits when drawn by a motor vehicle and for human habitation for recreational or emergency occupancy. S. “Vehicle” means a device by which any person or property may be propelled, moved or drawn upon any highway, including a recreational vehicle, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. 11.80.020 Prohibition. It is unlawful and a public nuisance for a person to park, store or leave standing an abandoned vehicle or parts thereof upon any public or private property within the city. 207 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 58 11.80.030 Exceptions. A. Section 11.80.020 shall not apply to: 1. A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not in the public view; 2. A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard. B. Nothing in this sectioncode shall authorizes the maintenance of a public or private nuisance under this code or any other applicable law.as defined under provisions of law other than this chapter. 11.80.040 Inspections. The To the maximum extent permitted by law, the city manager or his/her authorized representative is authorized to enter upon private property to examine a vehicle or part thereof, obtain information as to the identity of the vehicle or part thereof, and to take such actions necessary for the abatement and removal of a vehicle or part thereof declared to be a public nuisance pursuant to this chapter. 11.80.050 Abatement and removal. A. Notice of Intention to Abate. Upon determination that a vehicle or parts thereof constitutes a public nuisance, a ten day notice of intention to abate and remove the vehicle or parts thereof as a public nuisance shall be served pursuant to section 1.01.300 of this codesent by certified or registered mail to the owner of the land and the owner of the vehicle unless the vehicle cannot be identified to determine ownership. B. Exceptions. A notice of intention to abate shall not be required: 1. A notice of intention to abate shall not be required: a. When the owner of the land and owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof;, or b. When the vehicle or part thereof is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than two hundred dollars (“low-valued vehicle”) by an appraiser specified in Vehicle Code Section 22855 as it may be amended, and is determined to be a public nuisance presenting an immediate threat to public health or safety, provided that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof; 2. Prior to final disposition of such low-valued vehicle or part as provided in Section 11.80.050(F), for which evidence of registration was recovered, notice shall be provided to the registered and legal owners of intent to dispose of the vehicle or part. If the vehicle or part is not claimed and removed within twelve days after the notice is mailed from a location specified in Section 11.80.050(F) final disposition may proceed. This exception shall only apply to inoperable vehicles located upon a parcel zoned for agricultural use or not improved with a residential structure containing one or more dwelling units; 3. Motor vehicles which are parked, resting, immobilized, or otherwise abandoned on any highway or public right-of-way and which lack an engine, transmission, wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely on the highways of this state may be removed immediately upon discovery by the city manager or his authorized representative. 208 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 59 C. Appeal of the Notice of Intention to AbateRequest for Public Hearing. A public hearing shall be held upon written request of the The owner of the vehicle or the owner of the land may appeal the Notice of Intention to Abate to the city manager or his/her authorized representative(s) pursuant to chapter 2.08 of this code. The appeal is request shall be made to the city clerk within ten days of service ofmailing the notice of intention to abate, or at the time of signing a release. If the owner of the land submits a sworn written statement within the ten day period denying responsibility for the presence of the vehicle on his land such statement shall be deemed an appeal request for public hearing which does not require his/her presence. D. City MmanagerPublic Hhearing. 1. At least ten days prior to the hearing, notice of the time, date and location of the hearing shall be mailed to the owner of the land and the owner of the vehicle, unless identification of the vehicle is unavailable to determine ownership. 2. The public hearing shall be conducted by the city manager or his authorized representative(s). 31. Upon request for public hearing, tThe city manager or his/her authorized representative shall hear all testimony relevant to determine: a. Whether the vehicle or parts thereof are abandoned, wrecked, dismantled or otherwise inoperative and should be abated and removed as a public nuisance; and b. Whether the costs of abatement shall be charged against the owner of the land pursuant to Section 11.72.06080.060. 42. An order requiring abatement and removal shall be issued and sent pursuant to 1.01.300 by certified or registered mail to the owner of the land and the owner of the vehicle if it is determined that a public nuisance exists. The order shall identify the vehicle or parts thereof including the license number if available. E. Appeal to the city council. Within ten days of mailing an order requiring abatement and removal, tThe owner of the land and the owner of the vehicle aggrieved by a decision of the city manager, may file a written appeal to the city council pursuant to sections 2.04.100 through 2.04.130 of this code.with the city clerk. At a regular meeting not more than thirty days after the appeal is filed, the city council shall rule upon the appeal. F. Disposition of Vehicles or Parts. 1. If a request for a city managerpublic hearing, or appeal to the city council, is not received within ten daystimely after mailing the notice of intention to abate or decision of the city manager, as applicable, the abandonded vehicle or parts thereof may be impounded to a storage yard or may be disposed of by removal to a scrapyard or automobile dismantler's yard or other suitable site operated by a local authority for processing scrap. 2. If an order requiring abatement is issued, the abandonded vehicle or parts thereof may be impounded or disposed of as provided in this section within eleven days after mailing the order unless an appeal is filed. 3. If an appeal is filed, the abandoned vehicle or parts thereof may be impounded or disposed of as provided in this section immediately following the decision of the city council authorizing removal. 209 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 60 G. Disposition by Contractor. When the city has contracted for removal services the contractor shall be authorized, to the maximum extent permitted by law, to enter private property to remove or cause the removal of the abandoned a vehicle or parts thereof declared a public nuisance. H. Reconstruction Following Removal. After an abandoned vehicle has been disposed of by removal, it shall not be reconstructed or made operable unless it is a vehicle which qualifies for a horseless carriage license plates or historical vehicle license plates pursuant to Vehicle Code Section 5004 as it may be amended. I. Notice to Department of Motor Vehicles. Within five days after the date of removal from the owner’s property, a notice shall be given to the Department of Motor Vehicles identifying the abandoned vehicle or parts thereof and any evidence of registration available, including but not limited to the registration card, certificates of ownership or license plates. J. Liability. Neither the city nor its officers, employees or agents nor a contractor hired by the city shall be liable for damage to an abandoned vehicle or parts thereof by any removal pursuant to this chapter. 11.80.060 Costs of abatement. A. Responsibility for Costs. If the city disposes of an abandoned, wrecked, dismantled or inoperative vehicle or part thereof by removal pursuant to Section 11.80.050(F), the costs of abatement may be assessed as a lien against the land where the vehicle is located, together with an additional twenty-five percent of the costs of abatement for inspection, and any administrative costs incurred by the city to abate the public nuisance. However, if it is determined at a city managerpublic hearing that the abandoned vehicle was placed on the land without the consent of the owner of the land and that s/he has not subsequently acquiesced in its presence, the cost of abatement shall not be assessed against the land nor shall the city otherwise attempt to collect such costs from the owner of the land. B. Assessment and Collection. Pursuant to Section 38773.5 of the California Government Code Section 38773.5, as it currently exists and may be amended, provides that the special assessment collectable by the city shall be collected at the same time and in the same manner as ordinary municipal taxes are collected. If payment is delinquent, the assessment shall be subject to the same penalties and procedure and sale as provided for ordinary municipal taxes. 11.80.070 Recreational vehicles. A. Parking. No person shall park a recreational vehicle in one location without moving such vehicle for more than six consecutive months. Recreational vehicles shall be parked or stored out of the public right-of-way on a driveway, side or rear yard. B. Hookup. Recreational vehicles shall not be connected to an electrical or water source for more than four hours per week. 11.80.080 Vehicular nuisances. The following shall constitute a public nuisance requiring abatement pursuant to Chapter 11.72: A. Any vehicle which becomes unsightly and detracts from the appearance of the neighborhood due to such factors such as rust, corrosion, or faded, chipped or peeled paint; 210 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 61 B. Any vehicle which is painted or designed in such a manner as to distract drivers from the safe operation of their vehicles; C. Sanding or painting a vehicle in a residential zone; D. Failure to obscure vehicles, equipment, and machinery from public view in a residential zone. If the parcel does not allow for storage from public view, a paved area next to the driveway and closest to the property line shall be used for storage; E. Parking a vehicle in a space not designated for parking by the applicable zoning ordinance, unless the vehicle is parked for emergency service which shall not exceed four hours. F. Permitting any vehicle hauling or carrying or used for hauling or carrying any dead animal(s), offal, market refuse, garbage, swill, night soil, butchers’ scraps, manure or other nauseous or offensive substances, to stand or remain in or upon any public street or other public place, longer than is necessary for loading an hauling such substance(s) to its destination or to permit any such vehicle to be in a filthy or offensive condition; G. Using any vehicle, tub or other receptacle for hauling any offal, hog manure, or the contents of a privy vault, cesspool or sink, or any nauseous or offensive substances, unless the vehicle, tub, or other receptacle is sufficiently strong and tight to prevent any of the contents from leaking or spilling therefrom and unless it is so tightly covered as to not attract flies, and as to prevent any nauseous odors from escaping therefrom. 11.80.090 Registration. A. No person shall drive, move, or leave standing upon a highway or in an off-street public parking facility any motor vehicle without registering the motor vehicle with the department of motor vehicles or paying registration fees, as provided in Section 4000 of the California Vehicle Code, as it may be amended. For purposes of this section, “off-street public parking facility” means: 1. Any publicly-owned parking facility; and 2. Any privately-owned parking facility where no fee is charged for the privilege to park and which is held open for the common use of retail customers. B. Vehicles located on private property which are in public view that are not registered with the Department of Motor Vehicles will be deemed as being stored. 211 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 62 Chapter 11.84 FALSE STATEMENTS AND REPORTS (1982) 11.84.010 Making or filing prohibitedFalse statements prohibited. A. No person shall willfully make to or file with any city officer or department any report, statement, application or information which is false or untrue in any particular and which has a tendency to mislead any employee, officer, board, department or other body of the city in the performance of official duty. B. Whenever it is determined that a person has willfully made or filed any false or misleading statement or information concerning a material issue or matter, in or with any application for a permit, license, approval, entitlement, or any other action by a city officer, employee, board, department or other body, then this will constitute ground for denial of such application. In the case of any such denial, there shall generally be no refund of any application fee. No such denial shall prevent the new filing of another application for the same or similar permit, license, approval, entitlement or action. 11.84.020 False Reports of Public Nuisances Prohibited. A. The filing of a false complaint or report of a public nuisance under this code is prohibited, and repeated violators will be liable for the city’s response costs therefor. B. A false complaint or report of a public nuisance under this chapter will be determined based on the false reporter's intent to annoy or harass and/or the reporter's repeated verifiable false reports. An intent to annoy or harass is established by proof of repeated calls over a period of time, however short, that are unreasonable under the circumstances. C. After the false reporter is given one warning, the cost of a subsequent response(s) shall be assessed against the false reporter for the city’s response in any subsequent false report within a sixty-day period. The city shall bill the false reporter for the subsequent response costs by mail by sending a written citation. Payment of the fees shall be due wit hin thirty (30) days of the date the bill is deposited in the mail. If full payment is not received within the required time for payment, the bill will be delinquent, and the false reporter shall be charged interest at the maximum legal rate from the date the payment period expires and a further penalty in the amount of one hundred dollars ($100.00). D. The costs assessed as a result of a subsequent city response to a false complaint or report shall constitute a debt of the false reporter in favor of the c ityand may be collected in any manner authorized by law and are recoverable in a civil action filed by the city in a court of competent jurisdiction. The remedies provided by this chapter are in addition to all other administrative, civil and criminal remedies available to the city with respect to the false report which gave rise to the need for the city response under this chapter. 212 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 63 Chapter 11.88 REGULATION OF SPECIAL SALE EVENTS (1989, 2001) 11.88.010 Special sale event—Definition. “Special sale events” shall include garage sales, yard sales, patio sales and other similar event sales in residential districts for the purpose of offering for sale household or personal goods of the occupant of the premises where such sale is permitted and is not intended for commercial sale of goods purchased or acquired elsewhere for such special sales events. All remaining items at the end of the garage sale shall be removed from public view. A tarp used to cover from public view all remaining items is not an acceptable remedy. 11.88.020 Permit required. No person shall conduct a special sales event within a residential district without having procured a permit from the city to do so. 11.88.030 Advertising by signs. Persons granted a permit to conduct a special sale event shall comply with the provisions of this code and zoning ordinance, regulating and controlling the use of signs, and failure to comply shall result in the permit being revoked and cause to deny future requests for a permit. Signs shall not be placed in prohibited locations noted in section 9.160.100 of this code. 11.88.040 Terms of permit. No sale may be held for any period longer than seventy-two consecutive hours. Sales may not be conducted earlier than seven a.m. nor later than seven p.m. No more than two four special sales events may be held at any residence in any twelve-month periodcalendar year. Any person seeking a permit for a special sales event may be required to certify that issuance of such a permit pursuant to this chapter is not inconsistent with any recorded or unrecorded restrictive covenant, document, or other policy of a homeowner association or other perton or entity which has governing authority over the property on which the special sales event will occur. 213 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 64 Chapter 11.96 SKATEBOARDS, BICYCLES AND ROLLER SKATESOTHER WHEELED RECREATIONAL DEVISES (1996, 2002, 2003, 2008) 11.96.001 Application of chapter. A. The provisions of this chapter shall apply to and be in full force and effect at all areas which are now or which may hereafter be under the jurisdiction of the city. The provisions of this chapter shall govern the use of all public property and the observance of such provisions shall be a condition under which the public may use such property. Certain provisions of this chapter shall further be applicable to private property where the context indicates an intention that they be so applied. B. The provisions of this chapter shall not apply to any public officer, employee or peace officer who is acting in the course of and within the scope of the public business, nor to any other person conducting public business or related activities for, on behalf of, and pursuant to lawful authority of, an appropriate public entity. 11.96.005 General prohibition of skate devices and bicycles in commercial districts. No person shall operate, propel, or ride on skateboards, bicycles, roller skates, roller blades, scooters or other wheeled recreational devicesimilar (skating device(s), motorized and non-motorized, upon any private open space area which is open to the public such as sidewalk, mall, plaza walkways in any commercial and/or office professional facility within the city. It shall be the responsibility of the property owner to post in a conspicuous place or places signage stating that the above-mentioned devices are prohibited and citing this code section. The signs shall be in letters not less than one inch high and shall be placed along the walkways at intervals not to exceed two hundred feet. 11.96.010 Skateboarding, bicycling, roller skating, or use of other skating devices pProhibitionsed in certain designated areas on public property. A. No person shall operate, propel, or ride on skateboards, bicycles, roller skates, roller blades, scooters or other wheeled recreational device(s), (motorized and non-motorized) and other similar skating devices on city property designated as a pedestrian mall, plaza or public gathering area, other than such areas specifically designated by the city for such activities.skateboards, bicycling, roller skates, roller blades, scooters (motorized and non-motorized) and other similar skating devices. The city property where such activities are prohibited shall include, but are not limited to, the Civic Center Campus and all city buildings and amenities found on that site and the La Quinta Museum. B. No person shall operate, propel, or ride on skateboards, bicycles, roller skates, roller blades, scooters or other wheeled recreational device(s), (motorized and non-motorized), and other similar skating devices on any public property within the city where notice of such prohibition has been posted. 11.96.020 Use of skateboarding park areas. A. All persons using a skateboarding park area within the city shall obey all rules and regulations posted in any such area. In addition, all persons within a skateboarding park area in the city shall comply with the following requirements. 1. No activities person shall skate or skateboard within a skateboarding park area at times other than those established as the hours of operation posted at the facility and on the city’s website. Use of 214 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 65 recreational wheeled devices within a skateboarding park area shall be at the risk of the person using the device. The hours of operation shall be six a.m. to ten p.m. 2. No person under the age of twelve shall use the skateboarding park area unless supervised by a parent or guardian person at least eighteentwenty-five years of age. The supervising person must assume full responsibility for the person under the age of twelve using the skateboarding park area. 3. No person shall skate or skateboardactivity is permitted when the skateboarding park area is wet or when hazardous conditions, such as irregularities in the skating surface or skateboarding park area exist. 4. No person shall cause or initiate any act of violence or harass another person inside or around the skateboarding park area. 5. Any person using a skateboard or other wheeled recreational device shall comply with all use requirements imposed on an operator of a skateboarding park area pursuant to Section 11.96.030. 5. Only skateboards and in-line skates can be used in the skateboarding park area. Use of other equipment, such as bicycles or scooters within the skateboarding park area is prohibited. 6. No person shall use the skateboarding park area unless they wear proper safety equipment including, at a minimum, a helmet, elbow pads, and knee pads, properly sized and designated for the intended use. 7. No person shall consume food or drink in the skateboarding park area. 8. No person shall use alcohol or drugs or smoke in the skateboarding park area or surrounding areas. 9. All persons using the skateboarding park area must place trash in cans provided by the city. 10. No person shall cause graffiti or tagging in or around the skateboarding park area. 11. No person shall skateboard or skate on curbs, planters, benches, steps, railings, fences, playground equipment, driveways or areas intended for uses other than skating within the area surrounding the skateboarding park area. 12. No unauthorized pieces of equipment (including motorized and non-motorized), obstacles or apparatus may be brought into the skateboarding park area. 13. No spectators are allowed within the area designated for skateboarding except those authorized by city permit. 14. Reckless or destructive skating that jeopardizes theimpacts the health or safety of other persons or their property, based on substantial evidence, is prohibited. 15. Glass containers are prohibited in the skateboarding park area. 16. All organized events shall have prior written approval from the city managercommunity services department. 17. Animals are not allowed in the skateboarding park area. B. In addition to any other penalties that may be imposed by the city under the code, Aa violation of any section in this chapter is deemed to be an infraction and is punishable as such according to the provisions of this code and state law. 11.96.030 Additional regulations for skateboarding park areas. A. An operator of a skateboard park area shall not permit a person to ride a skateboard or other wheeled recreational device, motorized and non-motorized, unless that person is wearing a helmet, elbow pads, and knee pads. 215 Ordinance No. ___ Re: Title 11 Revisions Adopted: Page 66 B. Any skateboard park area owned or operated by the city may comply with the requirements of Subparagraph (A) of this section by posting signs at the facility affording reasonable notice that any person riding a skateboard or other wheeled recreational device must wear a helmet, elbow pads, and knee pads, and that failing to do so will be subject to a citation under this chapter. Any citation issued shall be processed pursuant to Chapter 1.09 of this code. C. Riding a skateboard or other wheeled recreational device, motorized or non-motorized, at a skateboard park area owned or operated by the city as a public skateboard park area is and shall be deemed a hazardous recreational activity within the meaning of Section 831.7 of the California Government Code if all of the following conditions are met: 1. The person riding the skateboard is 12 years of age or older. 2. The riding of the skateboard that caused the injury was stunt, trick, or luge riding. 3. The skateboard park area is on public property that complies with Subparagraph (A) or (B) of this section. D. The city shall maintain or cause to be maintained a record of all known or reported injuries incurred by a person riding a skateboard or other wheeled recreational device in a skateboard park area owned by the city. The city shall also maintain or cause to be maintained a record of all claims, paid and not paid, including any lawsuits and their results, arising from those incidents that were filed against the city. Copies of the records of claims and lawsuits shall be filed annually, no later than January 30 each year, with the Assembly Committee on Judiciary and the Senate Committee on Judiciary for the State of California. 216 City of La Quinta CITY COUNCIL MEETING: February 20, 2018 STAFF REPORT AGENDA TITLE: ADOPT A RESOLUTION TO APPROVE PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF LA QUINTA (BUYER) AND FRONTIER COMMUNICATIONS (SELLER) FOR A PORTION OF 78150 AVENIDA LA FONDA RECOMMENDATION Adopt a resolution to approve Purchase and Sale Agreement and Joint Escrow Instructions between the City (buyer) and Frontier Communications (seller) for a portion of 78150 Avenida La Fonda; and authorize the City Manager to make minor revisions and additions that do not substantively change the business terms, and execute the agreement. EXECUTIVE SUMMARY •The City proposes to acquire approximately 6,700 square feet of unimproved land located on the eastside of 78150 Avenida La Fonda (Attachment 1). The price of the land is consistent with market rates and confirmed by consulting with local real estate brokers. •Acquiring this property would provide additional parking for City events located in the Village and Civic Center Campus. •The City will require a lot line adjustment as part of the transaction. FISCAL IMPACT The cost to acquire the property is $67,000. There are adequate reserves ($125,060) in the Development Agreement Fund from Village Parking in Lieu revenue. If approved, a budget adjustment to Land Acquisition (217-0000-74010) will allocate funds for the purchase. Improvement costs would be identified once acquisition is approved. BACKGROUND/ANALYSIS In March of 2017, the City presented an offer to Frontier Communications to acquire approximately 6,700 square feet of unimproved land on the subject property, 78150 Avenida La Fonda. As part of the acquisition, the City has agreed to reconstruct the existing block wall along the new property line. BUSINESS SESSION ITEM NO. 4 217 Frontier owns and occupies the building located at Desert Club and La Fonda, and uses the driveway for equipment deliveries. This facility houses major switching equipment for Frontier’s communications network and Frontier indicates that this facility will remain in use for the foreseeable future. There is approximately 6,700 square feet of excess property that adjoins the vacant land that the City owns. In December 2016 staff met with Frontier representatives to discuss the unused property. This property is adjacent to City owned property to the east and north; in the near term the subject property would provide additional surface parking and for the long term, increase the total area available for future development. ALTERNATIVES: The Council may elect to not approve the Purchase and Sale Agreement. Prepared by: Gil Villalpando, Business Analyst Approved by: Frank J. Spevacek, City Manager Attachments: 1. Purchase and Sale Agreement 2. Grant Deed 218 RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING A PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF LA QUINTA AND FRONTIER COMMUNICATIONS, FOR A PORTION OF PROPERTY LOCATED AT 78150 AVENIDA LA FONDA. WHEREAS, City staff has negotiated a Purchase and Sale Agreement and Joint Escrow Instructions ("Agreement") with Frontier Communications (“Seller”), “Exhibit A” attached, pursuant to which City (“Buyer”) is purchasing the Seller’s certain real property located at 78150 Avenida La Fonda comprising of approximately 6,700 square feet of unimproved land for the negotiated price of $67,000, pursuant to the terms and conditions set forth in the Agreement; and WHEREAS, Buyer will make all improvement required to bring the property up to City standards and will reconstruct the existing block wall along the new property line; 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 “State CEQA Guidelines”), and the City’s environmental guidelines; and WHEREAS, pursuant to Sections 15301, 15303, and 15304 of the State CEQA Guidelines, the acquisition of the property is exempt from environmental review under CEQA because the acquisition will result in a continuation of existing topographical features with negligible or no expansion of use, and any future installation of new facilities will be for open space improvements and involve only minor alterations in land and landscaping. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA QUINTA AS FOLLOWS: SECTION 1. That the above recitals are true and correct and incorporated herein. SECTION 2. That the City Council of the City of La Quinta hereby finds and determines that the acquisition of said property is in the best interests of the citizens of the City of La Quinta, and that the acquisition is exempt from environmental review under CEQA. 219 Resolution No. 2018- Purchase Agreement – Frontier Property Adopted: Page 2 of 2 SECTION 3. The Agreement, a copy of which is on file with the City Clerk, is hereby approved. The City Council consents to the City Manager and City Legal Counsel to make any final modifications to the Agreement that are consistent with the substantive terms of the Agreement approved hereby, and to thereafter sign the Agreement and accept the property and recording of a grant deed on behalf of the City. SECTION 4. The City Council consents to the City Manager to (i) sign such other and further documents, including but not limited to escrow instructions, and (ii) take such other and further actions, as may be necessary and proper to carry out the terms of the Agreement. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of La Quinta held this 20th day of February 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: _____________________________ SUSAN MAYSELS, City Clerk City of La Quinta, California APPROVED AS TO FORM: _____________________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 220 00016809.3 AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS BY AND BETWEEN FRONTIER CALIFORNIA INC., A CALIFORNIA CORPORATION, AS SELLER, AND THE CITY OF LA QUINTA, A CALIFORNIA MUNICIPAL CORPORATION AND CHARTER CITY, AS BUYER, RELATING TO A PORTION OF 78150 AVENIDA LA FONDA, LA QUINTA, CALIFORNIA 221 00016809.3 -1- AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS This Agreement of Purchase and Sale and Joint Escrow Instructions (“Agreement”), dated solely for reference purposes as of _________________, _______ 2018, is made and entered into by and between FRONTIER CALIFORNIA INC., a California corporation (“Seller”) and THE CITY OF LA QUINTA, a California municipal corporation and charter city (“Buyer”), with reference to the following facts: RECITALS A. Seller is the owner of certain land, containing approximately 37,461 square feet, located at 78150 Avenida La Fonda, in the City of La Quinta (the “City”), County of Riverside (the “County”), State of California (the “State”), more particularly described on Exhibit A attached hereto and incorporated herein (the “Land”). B. A certain portion of the Land, more particularly described in Exhibit A and depicted in Exhibit A-1, both attached hereto and incorporated herein, together with any improvements thereon, and Seller’s interest, if any, in any rights, privileges, and easements appurtenant to such portion, are hereinafter collectively referred to as the “Property”. C. Buyer desires to purchase the Property from Seller and Seller desires to sell the Property to Buyer upon the terms, conditions and provisions set forth in this Agreement. NOW, THEREFORE, for good and valuable consideration, including the payment of One Hundred and 00/100ths Dollars ($100.00) by Buyer to Seller (the “Nonrefundable Consideration”), which is independent nonrefundable consideration to Seller with respect to the rights provided to Buyer under this Agreement, the receipt and adequacy of which are acknowledged, Buyer and Seller agree as follows: AGREEMENT 1. Definitions. For the purposes of this Agreement the following terms shall be defined as follows: (a) “Closing” and “Close of Escrow” shall mean, and shall be deemed to have occurred, on that date when the Grant Deed is recorded in the official records of Riverside County, which shall be at least ten (10) days, but no more than sixty (60) days, after expiration of the Due Diligence period. If the Closing falls on a weekend or federal or state holiday, then such date shall be automatically extended to the next succeeding weekday that is not a federal or state holiday. Closing and Close of Escrow are terms used interchangeably in this Agreement. Notwithstanding the foregoing identified closing date(s), Buyer and Seller may mutually agree to extend the Closing and Close of Escrow by memorializing such extended date in writing. (b) “Closing Date” shall mean the date of the Closing. (c) “County” shall mean Riverside County. 222 00016809.3 -2- (d) “Demising Wall” and “Demising Wall Work” shall have the meanings ascribed in Section 21 of this Agreement. (e) “Deposit” shall mean One Thousand and 00/100ths Dollars ($1,000.00), which shall be paid into Escrow on the Effective Date, plus any interest thereon, and which shall be subject to refund as provided herein. (f) “Due Diligence Period” shall mean the period of time from the Effective Date of this Agreement until 5:00 p.m., California time, on the date that is thirty (30) days after the Effective Date, during which Buyer must complete its due diligence as described in Section 4. (g) “Effective Date” shall mean the date that this Agreement has been signed and delivered by both Buyer and Seller. (h) “Environmental Audit” shall have the meaning given thereto in Section 16.1 hereof. (i) “Environmental Law” shall have the meaning given thereto in Section 16.1 hereof. (j) “Environmental Report(s)” shall mean the environmental reports, if any, listed on the attached Exhibit C as part of “Seller’s Deliveries”. (k) “Escrow” shall have the meaning given thereto in Section 3.2 of this Agreement. (l) “Escrow Holder” shall mean, Four Seasons Escrow, Inc., Attention: Malia Monroe, President. (m) “Exhibits” shall mean, collectively, the following, each of which is attached hereto and incorporated herein by this reference: Exhibit A - Legal Description of Land Exhibit A-1 - Legal Description of Property Exhibit B - Form of Grant Deed Exhibit C - Seller’s Deliveries Exhibit D - Demising Wall Work (n) “FIRPTA Certificate” shall have the meaning given thereto in Section 7 of this Agreement. (o) “Grant Deed” shall have the meaning given thereto in Section 7 of this Agreement. (p) “Hazardous Materials” shall have the meaning given thereto in Section 16.1 of this Agreement. (q) “Improvements” shall mean the improvements (if any) located on the Land. 223 00016809.3 -3- (r) “Opening of Escrow” shall have the meaning given thereto in Section 3.2 of this Agreement. (s) “Permitted Exceptions” shall have the meaning given thereto in Section 5.1 of this Agreement. (t) “Purchase Price” is Sixty-seven Thousand and 00/100ths Dollars ($67,000.00). (u) “Seller’s Deliveries” shall have the meaning given thereto in Section 4.3. (v) “Surviving Obligations” shall have the meaning given thereto in Section 4.5. (w) “Title Company” shall mean Four Seasons Escrow, Inc. (x) “Title Objection Deadline” shall be the same date as the expiration of the Due Diligence Period. (y) “Title Policy” shall have the meaning given thereto in Section 5.3 hereof. 2. Purchase and Sale. Subject to the terms and conditions set forth in this Agreement, Seller agrees to sell to Buyer and Buyer agrees to buy from Seller, the Property. In consideration of Seller’s sale of the Property to Buyer, Buyer shall (a) pay to Seller the Purchase Price at the Closing, and (b) perform all of Buyer’s other obligations hereunder, including construction of a Demising Wall on the Property, the various indemnities set forth herein, and any other obligations of Buyer prior to Closing, whether or not the Closing occurs hereunder. In consideration of Buyer’s purchase of the Property from Seller, Seller shall perform all of Seller’s obligations hereunder. 3. Deposits; Escrow. 3.1 Deposits. Within five (5) days of the Effective Date, Buyer shall deliver (or caused to be delivered) into Escrow (as hereinafter defined) with the Escrow Holder the Deposit of $1,000 in cash, by confirmed wire transfer of good and available funds. The Deposit shall be placed in an interest-bearing account. Upon expiration of the Due Diligence Period, if Buyer has not terminated this Agreement in accordance with Section 4.5, the Deposit shall be nonrefundable to Buyer and the property of Seller, except as set forth in this Agreement. At the Closing, the Title Company shall pay the Deposit to Seller in immediately available funds, and the balance of the Purchase Price, subject to the prorations and adjustments provided for herein and less the Nonrefundable Consideration, shall be deposited by Buyer into Escrow with the Title Company, to be disbursed by Title Company to Seller. 3.2 Escrow. Within one (1) business day after the Effective Date, Buyer and Seller shall open an escrow (the “Escrow”) with the Escrow Holder by delivering to Escrow Holder a fully executed copy of this Agreement (the “Opening of Escrow”). The purchase and sale of the Property shall be completed through the Escrow. Buyer and Seller agree to execute any additional instructions reasonably required by the Escrow Holder that are consistent with this Agreement. If there is a conflict between any printed escrow instructions and this Agreement, the terms of this Agreement shall govern. If the Closing does not occur at the time and in the manner 224 00016809.3 -4- provided in this Agreement because of the default of one of the parties, then the costs of cancellation, if any, shall be paid by the defaulting party. If the Closing does not take place for any reason other than a default by one of the parties, including if the City properly elects to terminate this Agreement pursuant to Section 4.5, then each of Buyer and Seller shall be responsible for one-half share of any cancellation costs. 3.3 Refund of Deposit. If Buyer properly elects to terminate this Agreement pursuant to Section 4.5, Escrow Holder shall pay the Deposit to Buyer one (1) business day following receipt of the termination notice from Buyer (if the current investment cannot be liquidated in one day, the Deposit shall be paid to Buyer as soon as reasonably possible) and, except for any Surviving Obligations, neither party shall have any further obligation or liability hereunder. 3.4 Other Releases of the Deposit. Upon a termination of this Agreement other than as described in Section 3.3 above, either party to this Agreement (the “Terminating Party”) may give written notice to the other party (the “Non-Terminating Party”) and the Escrow Holder of such termination and the reason for such termination. Such request shall also constitute a request for the release of the Deposit to the Terminating Party, which must be strictly in accordance with this Agreement. The Non-Terminating Party shall then have five (5) business days in which to object in writing to the release of the Deposit to the Terminating Party. If the Non-Terminating Party provides such a written objection, then the Escrow Holder shall retain the Deposit until it receives written instructions executed by both Seller and Buyer as to the disposition and disbursement of the Deposit, or until ordered by final court order, decree or judgment, which is not subject to appeal, to deliver the Deposit to a particular party, in which event the Deposit shall be delivered in accordance with such notice, instruction, order, decree or judgment. 3.5 Escrow Holder’s Right to Interplead. Except as provided in Sections 3.3 and 3.4 above, Seller and Buyer mutually agree that in the event of any controversy regarding the Deposit, unless mutual written instructions are received by Escrow Holder directing the Deposit’s disposition, the Escrow Holder shall not take any action, but instead shall await the disposition of any proceeding relating to the Deposit or, at the Escrow Holder’s option, Escrow Holder may interplead all parties and deposit the Deposit with a court of competent jurisdiction in which event the Escrow Holder may recover all of its court costs and reasonable attorneys’ fees. The non- prevailing party in any such interpleader action shall be solely obligated to pay such costs and fees of Escrow Holder, as well as the reasonable attorneys’ fees of the prevailing party in accordance with the provisions of this Agreement. 4. Buyer’s Investigation of the Property. 4.1 Investigation Period. Commencing on the Effective Date and continuing until the expiration of the Due Diligence Period, Buyer, including all agents, representatives and other persons designated by Buyer, at Buyer’s sole cost and expense, shall perform such investigations and review of the Property, title matters, Seller’s Deliveries, and such other matters as Buyer sees fit. Buyer shall have the right, upon reasonable prior written notice to Seller, and subject to Section 4.4, to enter on any portion of the Property for the purpose of investigation, discovery and non-invasive testing of the Property that Buyer determines to be necessary or appropriate, including, without limitation, surveying and environmental studies. Any invasive 225 00016809.3 -5- testing of the Property, including any “Phase II” environmental studies, shall be subject to Seller’s prior written approval pursuant to Section 4.4(b) below. 4.2 Natural Hazard Disclosure. No later than five (5) business days after the Effective Date, Seller will provide, or will cause Escrow Holder to provide, Buyer with a Natural Hazard Statement, issued by a reputable provider of such statements. Buyer acknowledges and agrees that (i) Buyer shall review the Natural Hazards Statement; and (ii) by its delivery of the Natural Hazards Statement to Buyer, Seller shall have fully complied with the disclosure obligations relating to seismic, geologic and other natural hazards imposed on Seller by the following California statutory provisions: Government Code Sections 8589.4; 8589.3; Government Code Sections 51183.4, 51183.5 (Fire Hazard Severity Zone); Public Resource Code Section 2621.9 (Earthquake Fault Zone); Public Resource Code Section 2694 (Seismic Hazard Zone); and Public Resource Code Section 4136 (Wildland Area). Buyer acknowledges and agrees that upon Closing, Buyer will have had the opportunity to independently evaluate and investigate whether any or all of such Natural Hazards affect the Property and Seller shall have no liabilities or obligations with respect thereto. Without limiting the foregoing, Buyer acknowledges and agrees that Buyer knowingly and intentionally waives any disclosures, obligations or requirements of Seller with respect to Natural Hazards and the related statutory provisions, and Seller shall have no monetary liability to Buyer with respect thereto. Buyer represents that Buyer has experience acquiring commercial real estate and conducting due diligence, and that this waiver has been negotiated and is an essential aspect of the bargain between the parties. 4.3 Seller’s Deliveries. Within three (3) business days after the Effective Date, Seller shall provide to Buyer, by electronic “CD” copy or by physical copies, or by providing access to a due diligence website, all of the items listed on the attached Exhibit C, to the extent in Seller’s possession (the “Seller’s Deliveries”). Seller makes no representation or warranty with respect to the documents that Seller may or may not have in its possession, or with respect to the content or accuracy of such documents provided to Buyer for review. Any information provided by Seller which is privileged, confidential or proprietary, including, but not limited to: internal memoranda, analyses and business plans; financial information; and correspondence and other materials to or from Seller’s attorneys and potential third party buyers, shall be marked confidential and shall not be disclosed by Buyer to any other person unless if disclosure is required by any applicable law or by any administrative or judicial process or order. Buyer expressly agrees that Seller is furnishing copies of all such documents and information to Buyer as described above for informational purposes only and without representation or warranty as to the accuracy or completeness of the contents of such materials. Buyer covenants and agrees that it shall not rely on such documents and information and shall conduct its own due diligence on all matters referred to in such documents and information, or otherwise relating to the Property. 4.4 Entry During Due Diligence Period. Buyer and Buyer’s representatives, agents and contractors shall have the right, at reasonable times and upon reasonable notice to Seller (which notice must describe the scope of the planned investigations), to enter upon the Property, in connection with Buyer’s proposed purchase of the Property. However, Buyer agrees that: (a) the persons or entities performing such tests and investigations shall be properly licensed and qualified and shall have obtained all appropriate permits therefor; 226 00016809.3 -6- (b) Seller shall have the right of prior written approval (which shall be reasonably granted or withheld) of any proposed physical testing, invasive testing, or drilling; (c) Buyer shall advise Seller at least forty-eight (48) hours in advance of the dates of all tests and investigations and shall schedule all tests and investigations during normal business hours whenever feasible unless otherwise agreed to by the Parties in writing; (d) Seller shall have the right to have a representative of Seller accompany Buyer and Buyer’s representatives, agents or designees while they are on the Property; (e) Buyer shall indemnify, defend and hold Seller free and harmless from any loss, injury, damage, claim, lien, cost or expense including reasonable attorneys’ fees and costs at trial and all appellate levels, arising out of a breach of this Agreement by Buyer in connection with the inspection of the Property during the Due Diligence period due to the exercise by Buyer or Buyer’s agents of the right of access described in this Section. This indemnification obligation shall survive the Closing or the termination of this Agreement; (f) Buyer shall restore the Property to the same condition as previously existed prior to Buyer’s inspection at Buyer’s sole cost and expense. This obligation shall survive the termination of this Agreement if this Agreement is terminated. Until restoration is complete, Buyer shall take all steps necessary to ensure that any conditions on the Property created by Buyer’s testing shall not interfere with the normal operation of the Property or create any dangerous, unhealthy, unsightly or noisy conditions on the Property; and (g) Buyer agrees that, in making any physical and environmental inspections of the Property, including any due diligence activities at or about the Property, Buyer shall maintain (i) commercial general liability insurance on an occurrence basis, including contractual liability coverage (designating the indemnity provisions of subsection (g) above) and broad form property damage endorsement coverage, providing that Buyer is the named insured and that Seller, Seller’s property manager, and Broker are additional insureds, and providing liability limits of not less than $1,000,000 combined single limit per occurrence with respect to bodily and personal injury, death and property damage and $2,000,000 in the aggregate, (ii) workmen’s compensation insurance at statutory limits, including employer’s liability insurance in an amount not less than $1,000,000 as required by law, and (iii) for any of Buyer’s consultants who conduct environmental inspections of the Property, professional liability insurance of not less than $1,000,000. Buyer shall provide Seller with Certificates of Insurance in form reasonably satisfactory to Seller which evidences such insurance prior to obtaining access to the Property. Such insurance shall contain a waiver of subrogation provision with respect to Seller. 4.5 Buyer’s Termination Right During Due Diligence Period, Release of Deposit. Buyer shall have the right to terminate this Agreement prior to the expiration of the Due Diligence Period, by written notice to Seller to such effect, if Buyer determines not to purchase the Property. If Buyer fails to terminate this Agreement by written notice to Seller due to any matter raised during Buyer’s investigation, including without limitation, Buyer’s financing, by the expiration of the Due Diligence Period, then Buyer shall be deemed to have approved all matters relating to the Property. If Buyer terminates this Agreement pursuant to this Section 4.5 prior to the expiration of the Due Diligence Period, then Escrow Agent shall return the Deposit in 227 00016809.3 -7- accordance with Section 3.3, subject to any claims made by Seller under Sections 4.4(e) above and 21 below. Buyer shall also provide Seller with copies of any third party reports obtained by Buyer if Buyer terminates the Agreement under this Section, except for any Environmental Audits, which are governed by Section 16.3, and except for any information which is privileged, confidential or proprietary. Upon such termination, neither party shall have any further liability to the other, except for any obligations that are intended to survive such termination, including Buyer’s specific indemnity obligations under Section 4.4(e), Buyer’s confidentiality obligations under Section 23.12, and obligations under Section 3.5 (the “Surviving Obligations”). 5. Condition of Title. 5.1 Permitted Exceptions. At the Close of Escrow, Seller’s interest in the Property shall be conveyed to Buyer by Seller by the Grant Deed, subject to the following matters (“Permitted Exceptions”): (a) a lien for real property taxes and assessments not then delinquent; (b) matters affecting the condition of title to the Property created by or with the written consent of Buyer; (c) zoning or permit conditions; (d) any matters which would be shown by an inspection, a survey of the Property or by inquiry of persons in possession of the Property; (e) all matters of record recorded prior to the Closing Date, it being agreed that Buyer is assuming the risk of any new exceptions arising after the Closing Date, and Seller shall be responsible for any monetary liens imposed after the Effective Date and prior to the Closing Date (“Monetary Liens”), and subject to Seller’s obligations under Section 13; and (f) the matters shown in the Report (as defined below). The parties agree that (i) Seller makes no express or implied warranties regarding the condition of title to the Property, (ii) Buyer shall rely on the Title Policy for protection against any title defects, (iii) Seller shall have no obligation to cure any title obligations, and (iv) Seller shall have no liability to Buyer for any title matters except to remove the Monetary Liens. 5.2 Title Review. Seller shall obtain and deliver to Buyer, not later than three (3) business days following the Effective Date, a current title report (the “Report”) from Title Company. If the Report and/or any survey obtained by Buyer discloses any matter which is disapproved by Buyer (each a “Title Defect”), Buyer shall have until the Title Objection Deadline to notify Seller in writing of any such Title Defect. Seller shall have until three (3) business days after end of the Due Diligence Period to notify Buyer in writing that Seller shall, on or prior to Closing , cure or remove the Title Defect or obtain an endorsement to Buyer’s title insurance policy insuring over the Title Defect. If agreed to in writing by the Parties, the Closing shall be extended as necessary to afford Seller the opportunity to cure or remove any such Title Defect; provided, however, that such extension shall not exceed thirty (30) days. Seller’s failure to deliver such written notice on or prior to the three (3) business days after the expiration of the Due Diligence 228 00016809.3 -8- Period shall be deemed Seller’s election not to cure or remove such Title Defect or obtain an endorsement insuring over such Title Defect. If Seller elects (or is deemed to have elected) not to cure or remove, or cannot cure or remove, any such Title Defect, or obtain a title endorsement insuring over such Title Defect, then Seller shall have no liability to Buyer therefor, but Buyer may terminate this Agreement as provided in Section 4.5, and the Deposit shall be refunded to Buyer. If Buyer does not terminate this Agreement, which shall be confirmed in writing from Buyer that Buyer elects to proceed to Close of Escrow, then Buyer shall be deemed to have agreed to take title subject to such Title Defects with no reduction in the Purchase Price, and all Title Defects shall be Permitted Exceptions. 5.3 Title Policy. At the Close of Escrow, Seller shall cause the Title Company to issue to Buyer a Standard Coverage Policy (e.g., CLTA) with coverage in an amount equal to the Purchase Price showing Seller’s interest in the Property vested in Buyer subject only to the Permitted Exceptions and the standard printed exceptions and conditions in the policy of title insurance (the “Title Policy”). If Buyer elects to obtain any additional endorsements or an extended coverage policy, the additional premium and costs of survey for the extended coverage policy and the cost of any endorsements shall be at Buyer’s sole cost and expense; however, Buyer’s election to obtain an extended coverage policy shall not delay the Closing and Buyer’s inability to obtain an extended coverage policy or any such endorsements shall not be deemed to be a failure of any condition to Closing. 6. Conditions to the Close of Escrow. 6.1 Conditions Precedent to Buyer’s Obligations. The Close of Escrow and Buyer’s obligations with respect to this transaction are subject to the following conditions precedent: (a) Seller having duly performed each and every obligation to be performed by Seller hereunder; and (b) the Title Company shall be prepared to issue the Title Policy in favor of Buyer, subject to the Permitted Exceptions and any standard pre-printed policy exceptions; and (c) Seller shall have delivered to Escrow Holder, on or before the Closing Date, the items referred to in Section 7.1; and (d) Buyer and Seller approving modifications, if any, to the plans and specifications for the Demising Wall and Demising Wall Work from those identified in Exhibit D attached to this Agreement. The conditions set forth in this Section 6.1 are solely for the benefit of Buyer and may be waived only by Buyer. At all times Buyer has the right to waive any condition, and such waiver or waivers must be in writing to Seller. 6.2 Conditions Precedent to Seller’s Obligations. The Close of Escrow and Seller’s obligations with respect to this transaction are subject to the following conditions precedent: 229 00016809.3 -9- (a) Buyer’s delivery to Escrow Holder on or before the Closing, of the Purchase Price, Buyer’s share of closing costs and the other items described in Section 7.2; (b) Buyer having duly performed each and every agreement to be performed by Buyer hereunder; and (c) Buyer and Seller approving modifications, if any, to the plans and specifications for the Demising Wall and Demising Wall Work from those identified in Exhibit D attached to this Agreement. The conditions set forth in this Section 6.2 are solely for the benefit of Seller and may be waived only by Seller. At all times Seller has the right to waive any condition, and such waiver or waivers must be in writing to Buyer. 6.3 Subdivision Map Act Compliance – Exemption for Sale to Buyer as Public Entity. The parties acknowledge that California Government Code Section 66426.5 provides that a conveyance to a public entity is not required to comply with the California Subdivision Map Act (“CSMA”). Because Buyer is a public entity, the parties acknowledge and agree that the transaction contemplated by this Agreement is not subject to the CSMA. Buyer makes no representations or warranties in this Agreement regarding Seller’s obligations under the CSMA except to the extent that Buyer agrees that the transaction contemplated by this Agreement is exempt from the CSMA. Buyer similarly makes no representations or warranties regarding the condition of the Land relative to any applicable State or local requirements, including any applicable City Code requirements. 7. Deliveries to Escrow Holder. 7.1 By Seller. On or before Closing, Seller shall deliver or cause to be delivered to Escrow Holder the following items: (a) A Grant Deed (“Grant Deed”), in the form attached to this Agreement as Exhibit B, duly executed and acknowledged by Seller and in recordable form, conveying the Property to Buyer, subject to the Permitted Exceptions; (b) A Transferor’s Certificate of Non-Foreign Status (“FIRPTA Certificate”) properly executed by Seller; (c) A properly executed California Form 593-C or other evidence sufficient to establish that Buyer is not required to withhold any portion of the Purchase Price pursuant to Sections 18805 and 26131 of the California Revenue and Taxation Code; (d) A settlement statement (the “Settlement Statement”) setting forth prorations, taxes and other monies to be paid by each party at Closing, as described in Sections 8 and 9, prepared by Escrow Holder in form and substance satisfactory to the parties hereto, and executed by Seller; and 230 00016809.3 -10- (e) Such corporate resolutions, certificates of good standing and/or other corporate or partnership documents relating to Seller as are reasonably required by Escrow Holder in connection with this transaction. 7.2 By Buyer. On or before Closing, Buyer shall deliver or cause to be delivered to Escrow Holder the following items: (a) The balance of the Purchase Price, after crediting Buyer for the Deposit, in accordance with Section 3; (b) The amount due Seller, if any, after the prorations are computed in accordance with Section 9; (c) The Settlement Statement, executed by Buyer; and (d) Such corporate resolutions, certificates of good standing and/or other corporate or partnership documents relating to Buyer as are reasonably required by Escrow Holder in connection with this transaction. 7.3 By Buyer and Seller. Buyer and Seller shall each deposit such other instruments consistent with this Agreement as are reasonably required by Escrow Holder or otherwise required to close escrow. In addition, Seller and Buyer hereby designate Escrow Holder as the “Reporting Person” for the transaction pursuant to Section 6045(e) of the Internal Revenue Code. 8. Closing Costs and Expenses. 8.1 Seller. Seller shall pay Seller’s share of prorations as described in Section 9 below. 8.2 Buyer. Buyer shall pay (a) all premiums for the Title Policy, including any extended coverage and any endorsements requested by Buyer, in connection with the Title Policy, (b) all escrow fees and recording costs, and (c) Buyer’s share of prorations as described in Section 9 below. 8.3 Transaction Costs. Buyer and Seller shall each pay all legal and professional fees and fees of other consultants incurred by Buyer and Seller, respectively. 9. Prorations. The following prorations shall be made between the parties at Closing, as of midnight on the day preceding the Closing, except as otherwise specified in this Section. 9.1 Taxes and Assessments. All non-delinquent real estate taxes and assessments on the Property shall be prorated as of the Close of Escrow based on the actual current tax bill for the Property. All delinquent taxes and all delinquent assessments, if any, assessed against the Property shall be paid at the Close of Escrow by Seller. All supplemental taxes pursuant to this transaction that are billed or assessed after the Close of Escrow shall be the responsibility of Buyer. If Seller has filed real estate tax appeals with respect to the assessed value of the Property, Buyer agrees to cooperate with such appeals, including, but not limited to, the prompt 231 00016809.3 -11- signing of related documentation and provision of requested information. Seller shall retain all rights to any real estate tax appeals or refunds relating to the period prior to the Close of Escrow. Any real estate tax refunds received by Buyer, which are allocable to the period prior to Close of Escrow, shall be paid by Buyer to Seller within ten (10) days of Buyer’s receipt of such tax refunds. 9.2 Proration Schedule. At least three (3) days prior to Closing, Seller shall provide to Buyer a draft Settlement Statement for Buyer’s review and approval, which approval shall not be unreasonably withheld or delayed. 9.3 Post Closing Adjustments. Within one hundred eighty (180) days after the Closing, Buyer shall have the right to prepare and present to Seller for its review and approval a calculation of the proration of any other items of income or expense prorated under this Section whose precise amounts could not be determined prior to Closing. Either party shall be entitled to a post-Closing adjustment for any incorrect proration or adjustment in accordance with this Section. In each case, the parties shall make the appropriate adjusting payment between them within thirty (30) days after presentment to Seller of Buyer’s calculation. Seller may inspect Buyer’s books and records related to the Property to confirm the calculation made by Buyer. No further adjustments, payments, or credits with respect to the prorations for the Property shall accrue after the applicable dates listed above. All prorations shall be made as of the date of Close of Escrow based on a three hundred sixty-five (365)-day year or a thirty (30)-day month, as applicable. 9.4 Survival. This Section 9 shall survive the Closing, and no claims for prorations shall be made unless Seller or Buyer notifies the other of a specific claim or right under this Section 9 prior to the date specified in Section 9.3 above. 10. Sale of Property “As-Is”. 10.1 No Oral Agreements or Representations; As-Is Purchase. BUYER REPRESENTS, WARRANTS AND COVENANTS TO SELLER THAT BUYER SHALL, DURING THE DUE DILIGENCE PERIOD AND PRIOR TO CLOSING, INDEPENDENTLY AND PERSONALLY INSPECT THE PROPERTY AND IMPROVEMENTS, AND THAT BUYER HAS ENTERED INTO THIS AGREEMENT BASED UPON ITS RIGHTS AND INTENTIONS TO MAKE SUCH PERSONAL EXAMINATION AND INSPECTION. BUYER AGREES THAT BUYER SHALL ACCEPT THE PROPERTY, IN ITS THEN CONDITION AS- IS AND WITH ALL ITS FAULTS. NO PERSON ACTING ON BEHALF OF SELLER IS AUTHORIZED TO MAKE, AND BY EXECUTION HEREOF, BUYER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, IF AT ALL, SELLER HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO: (I) THE VALUE OF THE PROPERTY; (II) THE INCOME TO BE DERIVED FROM THE PROPERTY; 232 00016809.3 -12- (III) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH BUYER MAY CONDUCT THEREON, INCLUDING ANY LEASING OR DEVELOPMENT OF THE PROPERTY; (IV) THE HABITABILITY, MERCHANTABILITY, MARKET- ABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY; (V) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY; (VI) THE NATURE, QUALITY OR CONDITION OF THE PROPERTY, INCLUDING WITHOUT LIMITATION, THE WATER, SOIL AND GEOLOGY; (VII) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY; (VIII) THE MANNER, CONDITION OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY; (IX) COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATION, ORDERS OR REQUIREMENTS, INCLUDING BUT NOT LIMITED TO, THE AMERICANS WITH DISABILITIES ACT OF 1990 OR ANY OTHER LAW, RULE OR REGULATION GOVERNING ACCESS BY DISABLED PERSONS, THE FEDERAL WATER POLLUTION CONTROL ACT, THE FEDERAL RESOURCE CONSERVATION AND RECOVERY ACT, THE U.S. ENVIRONMENTAL PROTECTION AGENCY REGULATIONS AT 40 C.F.R., PART 261, THE COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT OF 1980, AS AMENDED, THE RESOURCES CONSERVATION AND RECOVERY ACT OF 1976, THE CLEAN WATER ACT, THE SAFE DRINKING WATER ACT, THE HAZARDOUS MATERIALS TRANSPORTATION ACT, THE TOXIC SUBSTANCE CONTROL ACT, AND REGULATIONS PROMULGATED UNDER ANY OF THE FOREGOING; (X) THE PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS AT, ON, UNDER, OR ADJACENT TO THE PROPERTY; (XI) THE CONTENT, COMPLETENESS OR ACCURACY OF THE SELLER’S DELIVERIES, INCLUDING ANY INFORMATIONAL PACKAGE, OR OTHER MATERIALS PREPARED BY SELLER; (XII) THE CONFORMITY OF THE IMPROVEMENTS (IF ANY) TO ANY PLANS OR SPECIFICATIONS FOR THE PROPERTY, INCLUDING ANY PLANS AND SPECIFICATIONS THAT MAY HAVE BEEN OR MAY BE PROVIDED TO BUYER; 233 00016809.3 -13- (XIII) THE CONFORMITY OF THE PROPERTY TO PAST, CURRENT OR FUTURE APPLICABLE ZONING OR BUILDING REQUIREMENTS, AND ANY VIOLATIONS OF SUCH REQUIREMENTS; (XIV) SUFFICIENCY OF ANY UNDERSHORING; (XV) SUFFICIENCY OF ANY DRAINAGE; (XVI) THE FACT THAT ALL OR A PORTION OF THE PROPERTY MAY BE LOCATED ON OR NEAR AN EARTHQUAKE FAULT LINE OR LOCATED IN AN ALQUIST-PRIOLO SPECIAL STUDY ZONE; (XVII) THE EXISTENCE OR LACK OF VESTED LAND USE, ZONING OR BUILDING ENTITLEMENTS AFFECTING THE PROPERTY, OR (XVIII) WITH RESPECT TO ANY OTHER MATTER CONCERNING THE PROPERTY EXCEPT AS MAY BE OTHERWISE EXPRESSLY STATED HEREIN, INCLUDING ANY AND ALL SUCH MATTERS REFERENCED, DISCUSSED OR DISCLOSED IN ANY DOCUMENTS DELIVERED BY SELLER TO BUYER, IN ANY PUBLIC RECORDS OF ANY GOVERNMENTAL AGENCY OR ENTITY OR UTILITY COMPANY, OR IN ANY OTHER DOCUMENTS AVAILABLE TO BUYER. BUYER FURTHER ACKNOWLEDGES AND AGREES THAT HAVING BEEN GIVEN THE OPPORTUNITY TO INSPECT THE PROPERTY AND REVIEW INFORMATION AND DOCUMENTATION AFFECTING THE PROPERTY, BUYER IS RELYING SOLELY ON ITS OWN INVESTIGATION OF THE PROPERTY AND REVIEW OF SUCH INFORMATION AND DOCUMENTATION, AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY SELLER. BUYER FURTHER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION MADE AVAILABLE TO BUYER OR PROVIDED OR TO BE PROVIDED BY OR ON BEHALF OF SELLER WITH RESPECT TO THE PROPERTY WAS OBTAINED FROM A VARIETY OF SOURCES AND THAT SELLER HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH INFORMATION AND MAKES NO REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION EXCEPT AS MAY OTHERWISE BE PROVIDED HEREIN. BUYER AGREES TO FULLY AND IRREVOCABLY RELEASE ALL SUCH SOURCES OF INFORMATION AND PREPARERS OF INFORMATION AND DOCUMENTATION TO THE EXTENT SUCH SOURCES OR PREPARERS ARE SELLER, OR ITS EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, REPRESENTATIVES, AGENTS, SERVANTS, ATTORNEYS, AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS FROM ANY AND ALL CLAIMS THAT THEY MAY NOW HAVE OR HEREAFTER ACQUIRE AGAINST SUCH SOURCES AND PREPARERS OF INFORMATION FOR ANY COSTS, LOSS, LIABILITY, DAMAGE, EXPENSE, DEMAND, ACTION OR CAUSE OF ACTION ARISING FROM SUCH INFORMATION OR DOCUMENTATION. SELLER IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY ORAL OR WRITTEN STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY, OR THE OPERATION THEREOF, FURNISHED BY ANY OF THE FOREGOING ENTITIES AND INDIVIDUALS OR ANY OTHER INDIVIDUAL 234 00016809.3 -14- OR ENTITY. BUYER FURTHER ACKNOWLEDGES AND AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SALE OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN “AS-IS” CONDITION AND BASIS WITH ALL FAULTS, AND THAT SELLER HAS NO OBLIGATIONS TO MAKE REPAIRS, REPLACEMENTS OR IMPROVEMENTS EXCEPT AS MAY OTHERWISE BE EXPRESSLY STATED IN THIS AGREEMENT. 10.2 Release of Seller. (a) Except as expressly provided in this Agreement, Buyer and anyone claiming by, through or under Buyer hereby fully and irrevocably releases Seller, and its members, managers, partners affiliates, parent companies and subsidiaries, and each of their respective employees, officers, directors, partners, shareholders, representatives, agents, servants, attorneys, successors and assigns, and all persons, firms, corporations and organizations acting on the behalf of each of the foregoing, each a (“Seller Party”, and collectively, the “Seller Parties”) from any and all claims that it may now have or hereafter acquire against any Seller Party for any costs, loss, liability, damage, expenses, demand, action or cause of action arising from or related to the condition of the Property, including, without limitation, (i) environmental matters, (ii) matters described or referred to in the Environmental Report(s) or in any Environmental Audit obtained by Buyer; (iii) matters reasonably discoverable by prudent investigation during the Due Diligence Period; (iv) matters that are of public record; (v) matters otherwise disclosed by Seller to Buyer or discovered by Buyer at any time prior to the Closing; (vi) the presence of Hazardous Materials in, on, about or under the Property or which have migrated from adjacent lands to the Property or from the Property to adjacent lands, and (vii) the matters described in Section 10.1 above. This release includes any claims made by third parties. (b) THE ABOVE RELEASE INCLUDES CLAIMS OF WHICH BUYER IS PRESENTLY UNAWARE OR WHICH BUYER DOES NOT PRESENTLY SUSPECT TO EXIST WHICH, IF KNOWN BY BUYER, WOULD MATERIALLY AFFECT BUYER’S RELEASE TO SELLER. BUYER SPECIFICALLY WAIVES THE PROVISION OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR EXPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN TO HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. (c) IT IS UNDERSTOOD AND AGREED THAT THE PURCHASE PRICE HAS BEEN ADJUSTED BY PRIOR NEGOTIATIONS TO REFLECT THAT ALL OF THE PROPERTY IS SOLD BY SELLER AND PURCHASED BY BUYER SUBJECT TO THE FOREGOING. ______________________ Buyer’s Initials ______________________ Seller’s Initials 235 00016809.3 -15- 10.3 Survival. The covenants, terms, conditions, releases and waivers in Sections 10.1 and 10.2 above shall be binding on Buyer only after the Close of Escrow and only if title has vested with Buyer. This Section 10 shall survive the Closing and shall not merge with the Grant Deed. 11. Disbursements and Other Actions by Escrow Holder. At the Close of Escrow, Escrow Holder shall promptly undertake all of the following: 11.1 Funds. Disburse all funds deposited with Escrow Holder by Buyer in payment of the Purchase Price for the Property as follows: (a) deliver to Seller the Purchase Price, less the amount of all items, costs and prorations chargeable to the account of Seller in accordance with this Agreement; and (b) disburse the remaining balance, if any, of the funds deposited by Buyer to Buyer, less amounts chargeable to Buyer. 11.2 Recording. Cause the Grant Deed to be recorded with the Recorder’s office for the County and obtain conformed copies of the recorded Grant Deed for distribution to Buyer and Seller. 11.3 Title Policy. Direct the Title Company to issue the Title Policy to Buyer. 11.4 Delivery of Documents to Buyer or Seller. Deliver to Buyer the documents (or copies thereof) deposited into Escrow by Seller. Deliver to Seller the documents (or copies thereof) deposited into Escrow by Buyer. 12. Representations and Warranties. 12.1 Representations and Warranties of Seller. Seller represents and warrants to Buyer the following, as of the Effective Date: (a) To Seller’s knowledge, Seller has not received written notice from any governmental agency of any violation of Environmental Laws related to the Property. (b) To Seller’s knowledge, Seller has not received written notice of any litigation relating to the Property except as disclosed to Buyer in writing. (c) To Seller’s knowledge, Seller has not received any written notice from any governmental authority of any pending or threatened condemnation or similar proceeding or pending public improvements in or adjoining the Property which will adversely affect the Property. (d) Seller is duly organized and validly existing under the laws of the State of California with the full power and authority to perform its obligations hereunder. (e) The execution, delivery and performance by Seller of this Agreement has been duly and validly authorized by all requisite action on the part of the Seller. 236 00016809.3 -16- This Agreement constitutes the legal, valid and binding obligation of Seller, enforceable against it in accordance with its terms. (f) None of the execution, delivery or performance of this Agreement by Seller does or will, with or without the giving of notice, lapse of time or both, violate, conflict with, constitute a default or result in a loss of rights under or require the approval or waiver of any entity under (1) the organizational documents of Seller or any material agreement, instrument or other document to which Seller is a party or by which Seller is bound, or (2) any judgment, decree, order, statute, injunction, rule, regulation or the like of a governmental unit applicable to Seller. As used herein “to the best of Seller’s knowledge,” “Seller’s knowledge” or “Seller has not received written notice” shall mean the actual knowledge of or receipt of written notice by Seller or any duly authorized representative of Seller. There shall be no duty imposed or implied to investigate, inspect or audit any such matters, and there shall be no personal liability on the part of any such duly authorized representatives. 12.2 Representations and Warranties of Buyer. Buyer represents and warrants to Seller the following, which shall be true and correct as of the Effective Date hereof and as of the Closing Date: (a) Buyer is the City of La Quinta, a California municipal corporation and charter city, duly organized and validly existing under the laws of the State of California with the full power and authority to perform its obligations hereunder. (b) The execution, delivery, and performance by Buyer of this Agreement has been duly and validly authorized by all requisite action on the part of the Buyer. This Agreement constitutes the legal, valid and binding obligation of Buyer, enforceable against it in accordance with its terms. (c) To Buyer’s knowledge, none of the execution, delivery or performance of this Agreement by Buyer does or will, with or without the giving of notice, lapse of time or both, violate, conflict with, constitute a default or result in a loss of rights under or require the approval or waiver of any entity under (i) the organizational documents of Buyer or any material agreement, instrument or other document to which Buyer is a party or by which Buyer is bound, or (ii) any judgment, decree, order, statute, injunction, rule, regulation or the like of a governmental unit applicable to Buyer. As used herein “Buyer’s knowledge” shall mean the actual knowledge of or receipt of written notice by Buyer or any duly authorized representative of Buyer. There shall be no duty imposed or implied to investigate, inspect or audit any such matters, and there shall be no personal liability on the part of any such duly authorized representatives. 12.3 Subsequent Variances in Representations and Warranties of Seller. (a) In the event at any time prior to Closing, Seller or Buyer learns or has reason to believe that any of the representations and warranties by Seller under Section 12.1 were not accurate when made, such party shall promptly notify the other party by a written notice (a “Variance Notice”) and, in the Variance Notice, specify the factors rendering or likely to render such representation and warranty inaccurate (the “Variance”). Within ten (10) days of delivering or receiving a Variance Notice, Seller shall deliver to Buyer written notice whether it has elected 237 00016809.3 -17- to cure the underlying facts or circumstances causing the Variance (it being agreed that the failure to deliver such notice shall be deemed Seller’s election not to cure the Variance). If Seller elects to cure the Variance, Seller will exercise reasonable efforts to effectuate the cure on or before the Closing and Closing may be delayed by Seller as necessary for a period not to exceed thirty (30) days while it attempts to cure the same. If Seller ultimately fails to cure such Variance, then the parties shall treat such failure as if Seller had elected not to cure the Variance pursuant to subSection 12.3(b) below. (b) If Seller elects not to cure the Variance and the Variance is material (material shall be that the cost to cure the Variance is in excess of $50,000.00), this Agreement shall, at the sole election of Buyer exercisable by written notice to Seller delivered not later than five (5) days after Seller has, or has been deemed to have, elected not to cure the Variance, be terminated, whereupon the Deposit shall be returned to Buyer and the parties shall have no further rights or obligations hereunder except with respect to the Surviving Obligations. However, if Buyer does not terminate this Agreement, the representations and warranties in Section 12.1 shall be deemed to be modified by the Variance. 12.4 Buyer’s Knowledge as to Representations and Warranties of Seller. Notwithstanding anything in this Agreement to the contrary, if (a) on the Effective Date Buyer has knowledge that any of Seller’s representations or warranties set forth in Section 12.1 are untrue in any respect, then the breach by Seller of the representations or warranties as to which Buyer has such knowledge shall be deemed waived by Buyer, and Seller shall not be in default hereunder and shall have no liability to Buyer or its successors or assigns in respect thereof, and (b) after the Effective Date and prior to Closing, Buyer obtains knowledge that any of Seller’s representations or warranties set forth in this Agreement, or any of Seller’s representations or warranties made in any documents delivered by Seller in connection with the Closing, are untrue in any respect, then Seller shall not be in default hereunder and shall have no liability to Buyer or its successors or assigns in respect thereof following the Closing for the breach of such representations or warranties. For purposes of this Section 12.4, Buyer shall be deemed to have or to have obtained knowledge of any such matter or thing only if such matter or thing (i) is set forth in the Seller’s Deliveries, or any other document delivered to and/or made available for review by Buyer, (ii) was set forth in any written studies or reports furnished to Buyer including, without limitation, the Report and any Environmental Reports, (iii) was set forth in any letter, memorandum, or other written communication provided to or otherwise made available for inspection by Buyer or Buyer’s attorneys, or (iv) was otherwise within the actual knowledge of Buyer. 12.5 Survival of Representations and Warranties. The representations and warranties set forth in Sections 12.1 and 12.2 above shall survive Closing for a period of two (2) years (the “Survival Period”). No claim for a breach of any representation or warranty in this Section 12 shall be actionable or payable (i) unless and until the valid claims for all such breaches collectively aggregate more than Three Thousand and no/100 Dollars ($3,000.00), and (ii) unless written notice containing a description of the specific nature of such breach shall have been given to the other party prior to the expiration of the Survival Period, and an action shall have been commenced in a court having jurisdiction within thirty (30) days after the expiration of the Survival Period. In no event shall the total liability of Seller to Buyer for all breaches of all representations and warranties of Seller in this Agreement exceed the amount of One Hundred Twelve Thousand 238 00016809.3 -18- and no/100 Dollars ($112,000.00). Seller’s liability under this Section shall be further limited as described in Section 23.10. 13. Seller’s Pre-Closing Covenants. As long as this Agreement remains in full force and effect, and provided Buyer is not in default under this Agreement, Seller hereby covenants as follows: (a) Without the prior written consent of Buyer in Buyer’s sole and absolute discretion (except which shall not be unreasonably withheld or delayed with respect to easements or rights of way), Seller shall not subject the Property to any additional liens, monetary encumbrances, easements, or rights of way, after the Effective Date, except for as may be otherwise provided for in this Agreement. (b) Seller shall not make any material alterations to the Property without Buyer’s consent, in Buyer’s sole and absolute discretion, other than necessary or typical maintenance and repairs. (c) Seller shall not enter into any contract or agreement (including but not limited to a lease or similar occupancy/use agreement) providing for the provision of goods or services to or with respect to the Property or the operation of this Agreement, without the prior written consent of Buyer, in Buyer’s sole and absolute discretion. (d) Seller will maintain its existing fire and extended coverage casualty insurance (if any) in force with respect to the Property. (e) Seller will promptly notify Buyer in writing of any litigation or governmental proceeding to which Seller becomes a party or which affects the Property or any part thereof. (f) Seller will continue to operate and maintain the Property in the ordinary course of its business and substantially in accordance with Seller’s present practice, subject to ordinary wear and tear and further subject to Section 15. Seller shall have no liability under this Section 13 after the Closing. Buyer’s sole remedy for any alleged breach of this Section 13 shall be as described in Section 19.1. 14. Destruction. Except as provided in this Section, prior to the Close of Escrow, the entire risk of loss of damage by earthquake, flood, landslide, fire or other casualty is borne and assumed by Seller. If, prior to the Close of Escrow, any part of the Improvements is damaged or destroyed by earthquake, flood, landslide, fire or other casualty, Seller shall promptly inform Buyer of such fact in writing and advise Buyer as to the extent of the damage and whether it is, in Seller’s reasonable opinion, material or not material. (a) If such damage or destruction is material, Buyer has the option to terminate this Agreement upon written notice to the Seller given not later than ten (10) days after receipt of Seller’s written notice to Buyer advising of such damage or destruction. (b) For purposes of this Section 14, “material” is deemed to be any condemnation, damage or destruction to the Improvements where the cost of repair or replacement 239 00016809.3 -19- is estimated to be more than one percent (1%) of the Purchase Price of the Property or shall take more than one hundred eighty (180) days to repair after receipt of all required permits. (c) If this Agreement is so terminated, the Deposit and any interest accrued thereon, less Buyer’s one-half share of Escrow cancellation costs, shall be returned to Buyer, and neither party shall have any further obligation to or rights against the other except any rights or obligations of either party which are expressly stated to survive termination of this Agreement. (d) If Buyer does not elect to terminate this Agreement, or if the casualty is not material, and this transaction shall close pursuant to the terms of this Agreement and Seller shall assign to Buyer, at Closing, all rights to insurance claims or proceeds with respect to the damage or destruction of the Improvements. 15. Indemnification. Except for any third party claims, demands, liabilities, costs, expenses, damages and losses, causes of action and suits relating to Seller’s obligations, performance, failure to perform, default, or breach under this Agreement prior to the Closing, Buyer shall indemnify, defend and hold Seller and each Seller Party harmless for, from and against any and all third party claims, demands, liabilities, costs, expenses, damages and losses, cause or causes of action and suit or suits of any nature whatsoever arising out of the ownership and/or operation of the Property by Buyer or any affiliate of Buyer after Closing. The provisions of this Section 15 shall survive the Close of Escrow, and shall not merge with the Grant Deed. 16. Hazardous Materials. 16.1 Definitions. For the purposes of this Agreement, the following terms have the following meanings: (a) “Environmental Law” means any state, federal or local law, statute, ordinance or regulation pertaining to health, hazardous materials, industrial hygiene or the environment including, without limitation CERCLA (Comprehensive Environmental Response, Compensation and Liability Act of 1980) and RCRA (Resources Conservation and Recovery Act of 1976). (b) “Hazardous Materials” means any substance, material or waste which is or becomes designated, classified or regulated as being “toxic” or “hazardous” or a “pollutant” or which is or becomes similarly designated, classified or regulated, under any Environmental Law, including asbestos, petroleum and petroleum products. (c) “Environmental Audit” means an environmental audit, review or testing of the Property performed by Buyer or any third party or consultant engaged by Buyer to conduct such study. 16.2 Disclosure of Hazardous Materials. Seller shall make available to Buyer for its inspection a copy of the Environmental Reports, if any, with Seller’s Deliveries. 16.3 Environmental Audit. If during the Due Diligence Period Buyer elects to perform an Environmental Audit: 240 00016809.3 -20- (a) The Environmental Audit shall be conducted pursuant to standard quality control/quality assurance procedures and in accordance with Section 4. Buyer shall have no right to perform invasive testing without Seller’s prior written consent, which shall not be unreasonably delayed or withheld. (b) If any report is prepared as the result of the Environmental Audit, Buyer shall promptly give Seller a copy of the report, if requested by Seller. Prior to the Closing, Buyer shall keep the report and the information contained therein confidential and shall not disclose it to any person or entity without Seller’s prior written consent unless disclosure is required pursuant to any applicable law, or administrative or judicial process or order; provided, further, that Buyer may furnish a copy of said report to any proposed lender in connection with prosecution of an application for a mortgage loan and to any person or entity contemplating an investment in the Property as a partner or permitted assignee of Buyer, or to any consultant engaged in, or commenting upon the results of, said report, provided that Buyer shall be responsible for causing such parties to keep the report confidential. (c) If Buyer elects during the Due Diligence Period not to acquire the Property or if the Closing fails to occur for any reason other than a default by Seller, then upon Seller’s request, Buyer shall deliver all copies of the report to, and they shall become the property of, Seller, and Buyer shall not disclose to any party the contents of the report except pursuant to any applicable law, valid legal process, or with the written consent of Seller. (d) Any ground water, soil or other samples taken from the Property shall be properly disposed of by Buyer at Buyer’s sole cost and in accordance with all applicable laws. Buyer shall restore the Property to its condition existing before any testing. 17. Notices. All notices (including, without limitation, approvals, consents and exercises of rights or options) required or permitted to be given hereunder shall be in writing and shall be served on the parties at the addresses set forth below or to such other address as the party entitled to receive such notice may, from time to time hereinafter, designate by giving written notice pursuant hereto. Any such notice shall be either (a) sent by personal delivery, in which case notice shall be deemed delivered upon receipt, (b) sent by electronic mail, with written confirmation by overnight or first class mail, in which case notice shall be deemed delivered upon receipt of such electronic notice, (c) sent by certified mail, return receipt requested, postage prepaid, in which case notice shall be deemed delivered only upon actual delivery (or attempted delivery which is refused) or, (d) sent by overnight delivery using a nationally recognized overnight courier (e.g., FedEx), in which case notice shall be deemed delivered one business day after deposit with such courier. Notices given by counsel to the Buyer shall be deemed given by Buyer, notices given by counsel to the Seller shall be deemed given by Seller, and notices given to a party’s counsel shall be deemed given to the party. If to Buyer: City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Attn: Frank J. Spevacek E-mail: fspevacek@la-quinta.org 241 00016809.3 -21- with a copy to: Rutan & Tucker 611 Anton Boulevard, Suite 1400 Costa Mesa, CA 92626 Attn: William H. Ihrke Phone: 714-338-1863 E-mail: bihrke@rutan.com If to Seller: Frontier California Inc. c/o Dexter T. Craig 21 West Avenue Spencerport, New York 14559 E-mail: Dexter.Craig@FTR.com with a copy to Stewart Ward & Josephson LLP 1601 Response Rd., Suite 390 Sacramento, CA 95815 Attn: Winnifred C. Ward E-mail: wward@swjllp.com with an additional copy to: Frontier Communications Corp. c/o Ms. Kelley Stewart 805 Central Expressway South Allen, Texas 75013 E-mail: Kelley.Stewart@FTR.com And: Frontier Communications Corp. c/o Kevin Saville, Esq. 2378 Wilshire Blvd Mound, Minnesota 55364 E-mail: Kevin.Saville@FTR.com If to Escrow Holder or Title Company: Four Seasons Escrow, Inc. 51351 Avenida Bermudas La Quinta, CA 92253 Attn: Malia Monroe, President E-mail:info @ 4seasonsescrow.com 18. Broker. Seller represents and warrants to Buyer, and Buyer represents and warrants to Seller, that no broker or finder has been engaged by them, respectively, in connection with any of the transactions contemplated by this Agreement, or to its knowledge is in any way connected with any of such transactions. Buyer shall indemnify, hold harmless and defend Seller from any liability, cost, or expense arising out of or connected with any claim for any commission or compensation made by any person or entity claiming to have been retained or contacted by 242 00016809.3 -22- Buyer in connection with this transaction. Seller shall indemnify, hold harmless and defend Buyer from any liability, cost, or expense arising out of or connected with any claim for any commission or compensation made by any person or entity claiming to have been retained or contacted by Seller in connection with this transaction. This indemnity provision shall survive the Closing or any earlier termination of this Agreement. 19. Default. 19.1 Buyer’s Remedies. In the event the Close of Escrow and the consummation of the transaction contemplated by this Agreement do not occur by reason of material default by Seller, provided that Seller shall have at least five (5) business days’ prior written notice of such material default and may cure the same within such period, then Buyer, as its sole remedy, shall be entitled to either (a) terminate this Agreement, in which case Escrow Holder shall promptly return the Deposit to Buyer, subject to the terms of Section 3.4, and Seller shall pay Buyer’s reasonable, out-of-pocket third party expenses incurred in connection with the transaction, reasonably documented to Seller, or (b) Buyer may elect to pursue an action for the specific performance of this Agreement, which right to pursue an action of specific performance shall only be available if Buyer is fully ready, able and willing to close this transaction, including the Deposit and all closing documentation deposited with Escrow Holder, and Seller has breached this Agreement and refused to close this transaction in breach of this Agreement, and not because of Buyer’s default. Buyer shall indemnify, defend, and hold Seller harmless from and against any losses, costs, damages or liabilities, including, without limitation, damages due to Seller’s inability to sell or market the Property, and reasonable attorneys’ fees and costs, each arising out of or relating to Buyer’s bringing any claims that are contrary to this Section, including, without limitation, any action for specific performance or the filing of a lis pendens against the Property if not brought in good faith and in strict compliance with this Section 19.1. Buyer expressly waives all rights at law or in equity to seek monetary damages (including consequential, speculative and punitive damages) for any default by Seller hereunder. 19.2 Default by Buyer. BUYER AND SELLER AGREE THAT IT WOULD BE IMPRACTICAL AND EXTREMELY DIFFICULT TO ESTIMATE THE DAMAGES SUFFERED BY SELLER AS A RESULT OF BUYER’S DEFAULT OR FAILURE TO COMPLETE THE PURCHASE OF THE PROPERTY PURSUANT TO THIS AGREEMENT, AND THAT UNDER THE CIRCUMSTANCES EXISTING AS OF THE DATE OF THIS AGREEMENT, THE LIQUIDATED DAMAGES PROVIDED FOR IN THIS SECTION REPRESENT A REASONABLE ESTIMATE OF THE DAMAGES WHICH SELLER SHALL INCUR AS A RESULT OF SUCH FAILURE; PROVIDED, HOWEVER THAT THIS PROVISION SHALL NOT LIMIT SELLER’S RIGHT TO RECEIVE REIMBURSEMENT FOR ATTORNEYS’ FEES AS AUTHORIZED BY SECTION 23.6, NOR WAIVE OR AFFECT BUYER’S INDEMNITY OBLIGATIONS AND SELLER’S RIGHTS TO THOSE INDEMNITY OBLIGATIONS UNDER THIS AGREEMENT, NOR WAIVE OR AFFECT BUYER’S OBLIGATIONS TO RETURN OR PROVIDE TO SELLER DOCUMENTS, REPORTS OR OTHER INFORMATION PROVIDED TO OR PREPARED BY OR FOR BUYER PURSUANT TO APPLICABLE PROVISIONS OF THIS AGREEMENT. THEREFORE, BUYER AND SELLER DO HEREBY AGREE THAT A REASONABLE ESTIMATE OF THE TOTAL NET DETRIMENT THAT SELLER WOULD SUFFER IN THE EVENT THAT BUYER DEFAULTS AND FAILS TO COMPLETE THE PURCHASE OF THE 243 00016809.3 -23- PROPERTY IS AN AMOUNT EQUAL TO THE DEPOSIT (WHICH INCLUDES ANY ACCRUED INTEREST THEREON). SAID AMOUNT SHALL BE THE FULL, AGREED AND LIQUIDATED DAMAGES FOR THE BREACH OF THIS AGREEMENT BY BUYER. THE PAYMENT OF SUCH AMOUNT AS LIQUIDATED DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 OR 3369, BUT IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO SELLER PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671, 1676 AND 1677. UPON DEFAULT BY BUYER, AND SELLER’S TERMINATION OF THIS AGREEMENT, EXCEPT FOR THE SURVIVING OBLIGATIONS, WHICH MAY BE ENFORCED BY SELLER (IN ADDITION TO COLLECTION AND RETENTION BY SELLER OF BUYER’S DEPOSIT AS PROVIDED HEREUNDER), NEITHER PARTY SHALL HAVE ANY FURTHER RIGHTS OR OBLIGATIONS HEREUNDER, EACH TO THE OTHER EXCEPT FOR THE RIGHT OF SELLER TO COLLECT SUCH LIQUIDATED DAMAGES FROM BUYER AND ESCROW HOLDER. ______________________ Buyer’s Initials ______________________ Seller’s Initials 20. Assignment. This Agreement may not be assigned by Buyer without the prior written consent of Seller, which consent may be withheld in Seller’s sole and absolute discretion. No such assignment shall relieve Buyer of any its obligations and liabilities hereunder. Notwithstanding the foregoing, in no event shall Buyer be entitled to receive any so-called “flip fee” in connection with a permitted assignment of this Agreement. Any such “flip fee” paid to Buyer as a result of any such assignment shall be credited to Seller at Closing. 21. Demising Wall Construction. Buyer agrees to construct a Demising Wall on the Property following Closing. Preliminary plans for the Demising Wall are attached hereto as Exhibit “D” (the “Demising Wall Work”). Buyer acknowledges and agrees that completion of the Demising Wall Work is a material consideration for Seller in entering into this Agreement. Buyer hereby acknowledges and agrees that the plans in Exhibit “D” for the Demising Wall are subject to design revisions and a public bidding process as required by California law. Buyer shall provide Seller with an opportunity to review and approve the final plans for the Demising Wall Work following completion of the final plans and the public bidding process, which approval shall not be unreasonably withheld. Following review and approval of the final plans for the Demising Wall Work by Seller, Buyer explicitly reserves the right to make minor modifications to the Demising Wall Work without obtaining approval from Seller. 22. [Intentionally omitted.]. 23. Miscellaneous. 23.1 Counterparts. This Agreement may be executed in counterparts, together which shall constitute a single instrument. This Agreement may be executed by facsimile or “pdf”/electronic signatures. 23.2 Partial Invalidity. If any term or provision of this Agreement shall be deemed to be invalid or unenforceable to any extent, the remainder of this Agreement shall not be 244 00016809.3 -24- affected thereby, and each remaining term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 23.3 Possession of the Property. Seller shall deliver possession of the Property to Buyer upon the Close of Escrow, subject to the Permitted Exceptions. 23.4 Waivers. No waiver of any breach of any covenant or provision contained herein shall be deemed a waiver of any preceding or succeeding breach thereof, or of any other covenant or provision contained herein. No extension of time for performance of any obligation or act shall be deemed an extension of the time for performance of any other obligation or act except those of the waiving party, which shall be extended by a period of time equal to the period of the delay. 23.5 Successors and Assigns. Without limitation of Section 20, this Agreement is binding upon and inures to the benefit of the permitted successors and assigns of the parties hereto. 23.6 Attorneys’ Fees. In the event of the bringing of any action or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising out of this Agreement, then in that event the prevailing party shall be entitled to recover from the other party all costs and expenses of the action or suit, reasonable attorneys’ fees (including the allocated costs of Seller’s in-house counsel), witness fees and any other professional fees resulting therefrom through trial and any appeal in connection therewith. The prevailing party shall be the party that obtains substantially the result sought, whether by settlement, judgment or dismissal. 23.7 Entire Agreement. This Agreement (including all Exhibits attached hereto) constitutes the entire contract between the parties hereto with respect to the subject matter of this Agreement and may not be modified except by an instrument in writing signed by the party to be charged with the modification. 23.8 Time of Essence. Seller and Buyer hereby acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, obligation and provision hereof. 23.9 Construction. Seller and Buyer and their respective advisors believe that this Agreement is the product of all of their efforts, that it expresses their agreement and that it should not be interpreted in favor of or against either Buyer or Seller. The parties further agree that this Agreement shall be construed to effectuate the normal and reasonable expectations of a sophisticated Seller and Buyer. The parties waive the benefit of any statute or legal decision providing otherwise. Section headings shall not be used in interpreting this Agreement. Use of the term “including” shall mean “including, without limitation”. 23.10 Limitation of Liability. In no event shall Seller be liable to Buyer for consequential, speculative or punitive damages and in no event shall Buyer be liable to Seller for consequential, speculative or punitive damages. The obligations of Seller hereunder are binding only on Seller and Seller’s assets and shall not be personally binding upon, nor shall resort be had to, the private properties of any of the partners, officers, directors, members or shareholders of 245 00016809.3 -25- Seller, or any employees or agents of Seller. The obligations of Buyer hereunder are binding only on Buyer and shall not be personally binding upon, nor shall resort be had to, any elected official, employee, or agent of Buyer. 23.11 Governing Law. The parties hereto expressly agree that this Agreement shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California, without regard to conflict of law principles. 23.12 Confidentiality. Unless otherwise agreed to in writing by Seller, and except as required pursuant to any applicable law, or any administrative or judicial process or order, Buyer shall keep confidential all documents, financial statements, reports or other information provided to, or generated by Buyer relating to the Property, including the documents listed on Exhibit C, and shall not disclose any such information to any person other than those employees and agents of Buyer who are actively and directly participating in the evaluation of the Property and the negotiation and execution of this Agreement or financing of the purchase of the Property. Upon any termination of this Agreement for any reason, Buyer shall promptly return to Seller copies of all documents or other information pertaining to the Property provided to Buyer by Seller, including, without limitation, pursuant to Section 4. The provisions of this Section shall survive the termination of this Agreement and shall survive the Closing. 23.13 Wear and Tear. Buyer specifically acknowledges that Seller may continue to use the Property in the course of its business for a use and in a manner as was the case before the Effective Date of this Agreement. Buyer authorizes Seller to use the Property for exactly the same uses (and non-uses) in exactly the same manner as was the case on the date prior to the Effective Date until three (3) business days prior to Closing, as long as Seller removes at its own cost and expense any and all furnishings, fixtures, and equipment from the Property prior to such date. Buyer accepts the fact that reasonable wear and tear may occur after the date of this Agreement. Buyer specifically agrees that Seller is not responsible for repairing such reasonable wear and tear and that Buyer is prohibited from raising such wear and tear as a reason for not consummating this transaction or for requesting a reduction in the Purchase Price. 23.14 No Recordation. No memorandum or other document relating to this Agreement shall be recorded without the prior written consent of Seller, with the exception of recordation of the Grant Deed as provided for in Section 11.2. Seller’s consent for any memorandum or document to be recorded, which is consistent with this Agreement, shall not be unreasonably withheld, delayed, or denied. 23.15 Survival. Except for the limited survival of the parties’ representations and warranties, as specified in Section 12, all obligations of the parties contained herein which by their terms are intended to survive the Close of Escrow, shall survive the Close of Escrow and not merge with the Grant Deed. [signatures on next page] 246 00016809.3 -26- IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year hereinabove written. SELLER: BUYER: FRONTIER CALIFORNIA INC., a California corporation By: _____________________________ Name: _____________________________ Title: _____________________________ THE CITY OF LA QUINTA, a California municipal corporation and charter city By: _____________________________ Name: _____________________________ Title: _____________________________ By: _____________________________ Name: _____________________________ Title: _____________________________ ESCROW AGENT: Escrow Agent agrees to comply with the terms of this Agreement applicable to Escrow Agent. FOUR SEASONS ESCROW, INC. By: _____________________________ Name: _____________________________ Title: _____________________________ 247 00016809.3 A-1 EXHIBIT A LEGAL DESCRIPTION OF LAND The land referred to herein is situated in the State of California, County of Riverside, City of La Quinta, and is described as follows: LOTS 73, 74 & 75 MB 021/060 DESERT CLUB TR UNIT 4. Parcel #700-124-006 The Property consists of that certain portion consisting of approximately 6,700 square feet of gross area of the Land, as shown on Exhibit A-1. 248 00016809.3 A-1-1 EXHIBIT A-1 DEPICTION OF PROPERTY A portion of the Land, described as follows: That certain portion consisting of approximately 6,700 square feet of gross area as shown on the photo set forth below: 249 00016809.3 B-1 EXHIBIT B GRANT DEED Recorded at Request of: _____________________________________ _____________________________________ _____________________________________ When Recorded Mail to: _____________________________________ _____________________________________ _____________________________________ Mail Tax Statements to: _____________________________________ _____________________________________ _____________________________________ GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, FRONTIER CALIFORNIA INC., a California corporation (“Grantor”), hereby grants to ________________________________ (“Grantee”), the real property in the City of La Quinta, County of Riverside, State of California, described in Exhibit A attached hereto and made a part hereof (the “Property”). The Property is being sold subject to the exceptions listed on Exhibit B attached hereto. Dated: ___________, 20____. FRONTIER CALIFORNIA INC., a California corporation By: _____________________________ Name: _____________________________ Title: _______________________________ 250 00016809.3 B-2 CERTIFICATE OF ACCEPTANCE (GOVERNMENT CODE SECTION 27281) THIS IS TO CERTIFY that the interest in real property conveyed by a Grant Deed dated __________________, from ________________________, to the City of La Quinta, a California municipal corporation (“City”) is hereby accepted by the City by the signature of the undersigned agent on behalf of the City pursuant to the authority conferred upon him by Resolution ______ of the City, adopted on _________, _____, and that the City, as the Grantee, by its said duly authorized agent, hereby consents to the recordation thereof. DATED: ________________________ CITY OF LA QUINTA, a California municipal corporation By: Name: Frank J. Spevacek Title: City Manager I HEREBY ATTEST to the authenticity of the foregoing signature and to the said adoption of the said Resolution ______ of his general authority to so act and certify that said authority has not been revoked by any subsequent Resolution or order of the City. DATED: ____________________________ Susan Maysels, City Clerk 251 00016809.3 B-3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF _________________ COUNTY OF On ____________________, 20__, before me, _______________________________________, a Notary Public in and for the State of ________________, personally appeared _______________, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument he/she, or the entity upon behalf of which he/she acted, executed said instrument. I certify under PENALTY OF PERJURY under the laws of the State of ___________ that the foregoing is true and correct. WITNESS my hand and official seal. Signature ________________________________ (Seal) 252 00016809.3 B-4 EXHIBIT A TO GRANT DEED All of the real property in the City of La Quinta, County of Riverside, State of California, described as follows: [INSERT LEGAL DESCRIPTION AND DEPICTION FROM PURCHASE / SALE AGREEMENT] 253 00016809.3 B-5 EXHIBIT B TO GRANT DEED (a) a lien for real property taxes and assessments not then delinquent; (b) matters affecting the condition of title to the Property created by or with the written consent of Buyer; (c) zoning or permit conditions; (d) any matters which would be shown by an inspection, a survey of the Property or by inquiry of persons in possession of the Property; (e) all matters of record, whether or not recorded prior to or after the Effective Date, it being agreed that Buyer is assuming the risk of any new exceptions arising after the Effective Date, provided that Seller shall be responsible for any monetary liens imposed with Seller’s approval; and (f) the matters shown in that certain Preliminary Report issued by ______________, dated __________, Order No. ____________. 254 00016809.3 C-1 EXHIBIT C SELLER’S DELIVERIES Seller to list: o Any and all disclosures required under California law concerning the known conditions of the Property; o Any and all reports and other documents concerning the physical and environmental condition of the Property (for example, any Phase I or Phase II Environmental Reports that the Seller may have in its possession); o Any and all leases, subleases, licenses, rights of entry, or other similar agreements (verbal, written, recorded or unrecorded) granting any right to use and/or occupy the Property; o Any and all surveys of the Property that the Seller may have in its possession; o Any and all recorded covenants, reciprocal easements, use restrictions, or similar agreements that the Seller may have in its possession; o The “Report” for title review as defined in Section 5.2 of the Agreement. [attach additional pages if necessary] 255 00016809.3 D-1 EXHIBIT D DEMISING WALL WORK, PLANS & SPECIFICATIONS [to be attached] 256 257 258 259 260 261 262     BUSINESS SESSION ITEM NO. 5 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 City of La Quinta CITY COUNCIL MEETING: February 20, 2018 STAFF REPORT AGENDA TITLE: ADOPT ORDINANCE NO. 569 EXTENDING FOR 120 DAYS THE MORATORIUM ON THE APPROVAL OF ANY LAND USE ENTITLEMENT, INCLUDING SUBDIVISIONS, USE PERMITS, VARIANCES, BUILDING PERMITS, OR ANY OTHER APPLICABLE ENTITLEMENT, FOR ADDITIONAL BEDROOMS BY CONVERTING NON-BEDROOM SPACES AND AREAS INTO BEDROOMS IN SPECIFIED RESIDENTIAL ZONES IN THE CITY OF LA QUINTA, AND FINDING OF EXEMPTION PURSUANT TO CEQA GUIDELINES SECTIONS 15060(c)(2) AND 15061(b)(3) UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RECOMMENDATION A. Make a finding, included in Ordinance No. 569 that adopting this ordinance is exempt under the California Environmental Quality Act pursuant to CEQA Guidelines Sections 15060(c)(2) and 15061(b)(3) -- Review of Exemptions – General Rule. B. Move to take up Ordinance No. 569 by title and number only and waive further reading. C. Move to adopt immediately, as an Urgency Interim Ordinance, Ordinance No. 569. EXECUTIVE SUMMARY •A forty-five (45) day moratorium on issuance of building permits for common living space was adopted January 16, 2018 to develop standards that limit common living area-to-bedroom conversions that may impact the health, safety, and welfare of neighboring residents. •Staff is reviewing the non-bedroom conversion standards and short-term vacation rental (STVR) ordinances of resort communities throughout the U.S and Coachella Valley. •An extension of the moratorium for 120 days is recommended to draft code amendments to limit non-bedroom conversions. FISCAL IMPACT – None. BACKGROUND/ANALYSIS In North La Quinta, owners of single-family residences, permitted as short-term vacation rentals, have requested building permits to add additional bedrooms beyond the number of bedrooms originally intended for the home. The La Quinta Municipal Code (Code) standards do not directly limit conversion of existing kitchens, living rooms, dining room spaces, and other “non-bedroom” spaces into additional bedrooms. Staff is concerned that a proliferation of non-bedroom conversions within STVRs may increase residential PUBLIC HEARING ITEM NO. 1 289 occupancies and land use densities beyond those intended for single-family zoned neighborhoods, resulting in excessive noise and excessive use of on-street parking, among other impacts to health, safety and welfare identified in the ordinance. Council adopted a forty-five (45) day moratorium in January 2018 that prohibits approval of any entitlements, such as building permits that propose conversion of residential common living area to bedroom space and directed staff to draft code amendments to limit non-bedroom conversions and report back to Council. Staff has found that occurrences of non-bedroom conversions in single-family residential units in North La Quinta are led by investors with residences registered as STVRs. At a recent meeting of local homeowner associations, staff also found an increase in these types of conversions in neighborhoods near the Empire Polo Club in the City of Indio. Since adoption of the moratorium, staff reviewed residential development standards of nearby cities and found: • No Coachella Valley cities directly limit non-bedroom conversions in single-family residences. • City of Rancho Mirage limits residences of 1,900 square feet of living area or less to a maximum of 4 bedrooms. • City of Indio requires an additional garage space for residences with more than 4 bedrooms. • City of Riverside limits bedrooms space to less than 50% of residential living area and requires additional on-site parking when homeowners exceed 5 bedrooms in response to the proliferation of non-bedroom conversions within residences near the University of California, Riverside. Staff also reviewed STVR ordinances of resort communities that limit non-bedroom conversions and/or mitigate STVR impacts to neighbors. Staff identified the following standards that may limit non-bedroom conversions: • Parking. Limit STVR parking to off-street only, thereby reducing impact on the neighborhood on-street parking supply (Palm Desert, Palm Springs, Indian Wells, Big Bear Lake, and Las Vegas). The cities of Indian Wells and Big Bear Lake limit STVRs to one vehicle per bedroom. • Bedroom limitations. Limit number of bedrooms that can be advertised for any STVR or by property size thresholds. City of Las Vegas requires approval of a conditional use permit for STVRs with 4 or more bedrooms. • Distance/area limitations. Limit STVR to designated areas or establish a distance requirement between STVRs (Palm Desert and Las Vegas). • Owner-occupied vs. investor-owned STVRs. Limit STVRs to owner-occupied residences or establish limitations for investor-owned STVRs (Las Vegas). • Limit number of STVRs per applicant within the City. • Casitas/accessory dwelling units (ADUs). Prohibit casitas and ADUs as STVRs, as long as state mandates regarding ADUs are met (Las Vegas). Staff recommends adoption of a 120-day extension of the moratorium to further analyze standards of other cities and draft code amendments that address non-bedroom conversions. No more than two extensions may be adopted, and any extension must be 290 adopted by a four-fifths vote. The measures described in the report fulfill State requirements of a written report by Council issued 10 days prior to the expiration of the extension. Staff is recommending a 120-day extension to allow time to accommodate the introduction, second reading and the 30-day referendum period. Staff will have an ordinance ready for Council consideration by April 17, 2018. ALTERNATIVES Council may elect not to take up this ordinance and allow non-bedroom conversions subject to current development standards of the Code. Prepared by: Gabriel Perez, Planning Manager Approved by: Frank J. Spevacek, City Manager 291 292 ORDINANCE NO. ___ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858, EXTENDING FOR 120 DAYS THE MORATORIUM, PURSUANT TO GOVERNMENT CODE SECTION 65858, ON THE APPROVAL OF ANY LAND USE ENTITLEMENT, INCLUDING SUBDIVISIONS, USE PERMITS, VARIANCES, BUILDING PERMITS, OR ANY OTHER APPLICABLE ENTITLEMENT, FOR ADDITIONAL BEDROOMS BY CONVERTING NON-BEDROOM SPACES AND AREAS INTO BEDROOMS IN SPECIFIED RESIDENTIAL ZONES IN THE CITY OF LA QUINTA, CALIFORNIA WHEREAS, there has been a proliferation of conversions of non-bedroom spaces and areas to bedrooms in existing single family dwellings or other residences within the City of La Quinta, California (“City”). The City’s code enforcement officers have become aware that in some residential zones of the City, such as the Via Sevilla residential neighborhood, that non-bedroom spaces and areas have been converted to bedrooms without any building permits or other necessary approvals. The City’s code enforcement officers also have become aware that some of these residences with converted bedrooms are being advertised and rented as short-term vacation rental properties. Such unpermitted conversions have caused an influx of rental housing and occupancy of single family dwellings or other residences in excess of the number of persons originally contemplated and approved in accordance with the La Quinta Municipal Code (“Municipal Code”), including the City’s Zoning Code (“Zoning Code”), and the City’s General Plan, including its Housing Element (the “General Plan” and “Housing Element” respectively); and WHEREAS, there are existing single family dwellings or other residences throughout the City that have non-bedroom space, including living rooms, family rooms, bonus rooms, lofts, and third car garage space, that could be converted to bedrooms and marketed as multi-bedroom vacation rental units. The continued conversions of non-bedroom space to bedrooms in and corresponding occupancy of such single family dwellings or other residences in excess of that contemplated by the General Plan, Housing Element, Municipal Code, and Zoning Code poses a threat to the public health, safety, and welfare; and WHEREAS, in order to allow time for the City Council to consider and study the possible enactment of revisions to the General Plan, including the Housing Element, and/or the Municipal Code, including the Zoning Code, relating to applications for additional bedrooms resulting from the conversion of living rooms, dining rooms, and other non-bedroom spaces and areas into bedrooms in existing single family dwellings or other residences, and to develop an adequate approval and review process for the regulation thereof, including if such conversions may be in furtherance 293 Ordinance No. Residential Non-bedroom Conversions Moratorium Extension Adopted: Page 2 of 13 of short-term vacation rentals, it is necessary to suspend the approval of any City- issued land use entitlement, including subdivisions, use permits, variances, building permits, or any other applicable entitlement, with regard to conversion of non- bedroom spaces and areas into bedrooms because they may conflict with such possible revisions that the City Council may consider and approve; and WHEREAS, California Government Code Section 65858 allows the City Council to adopt as an urgency measure an interim ordinance, and extension thereof, prohibiting any uses that may frustrate or be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, planning commission or the planning department is considering or studying or intends to study within a reasonable time. Pursuant to Government Code Section 65858, the City Council adopted Ordinance No. 566, establishing a moratorium. To enact the extension thereof under this ordinance, noticed a public hearing pursuant to Government Code Section 65090. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1: Findings. The foregoing recitals are true and correct and are incorporated herein as though set forth in full, adopted as part of the findings of the City Council, and are each relied upon independently by the City Council for its adoption of this Urgency Interim Ordinance (“this ordinance”) on an urgency basis. Based on the foregoing, the City Council makes the additional findings in this SECTION 1. A. There is a current and immediate threat to the public health, safety, or welfare for the following reasons: (1) Violations of Title 8 of the Municipal Code [Building and Construction Code]. Additional bedrooms resulting from the conversion of non-bedroom space to bedrooms in existing single family dwellings or other residences requires an adequate review and approval process to ensure compliance with the City’s Building and Construction Code. (a) Title 8 of the City’s Municipal Code, the Building and Construction Code, incorporates the California Building Code, Fire Code, Mechanical Code, Plumbing Code, Energy Code, and Electrical Code, as well as the Residential Code (Chapter 8.06 of the Municipal Code), the last of which regulates the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of any and all detached one- and two-family dwellings, 294 Ordinance No. Residential Non-bedroom Conversions Moratorium Extension Adopted: Page 3 of 13 specified townhouses, and ancillary structures thereto. (See Section 8.06.010 of the Municipal Code.) The City also enforces the Housing Code (Chapter 8.09 of the Municipal Code) to provide minimum health and safety standards for the maintenance of the existing housing supply. Together with the State mandated minimum standards adopted and incorporated into the City’s Building and Construction Code in Title 8 of the Municipal Code, these standards provide for safe and sanitary housing that is fit for human habitation. (b) City seeks to protect the public health, safety, and welfare of the public and an adequate review and approval process is necessary to ensure conversions of non-bedroom space to bedrooms achieve compliance with the minimum standards codified in the Building and Construction Code in Title 8 of the Municipal Code. (2) Violations of Chapter 3.25 of the Municipal Code [Short-Term Vacation Rentals]. The City has adopted comprehensive Short- Term Vacation Rentals Regulations (Chapter 3.25 of the Municipal Code). The purpose of Chapter 3.25 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 of the Municipal Code, and minimize the negative secondary effects of such use on surrounding residential neighborhoods. (a) Unpermitted additional bedrooms resulting from the conversion of non-bedroom space to bedrooms in existing single family dwellings or other residences will frustrate both purposes of the Short-Term Vacation Rental Regulations: (i) Such unpermitted additional bedrooms likely will result in additional renters (or “transients”) that are subject to collection and payment of transient occupancy taxes as provided in Chapter 3.24 without the City having the necessary records to ensure collection and payment of those taxes; and (ii) Such unpermitted additional bedrooms, without review by the City and/or without conditions attached to their use, likely will have negative secondary effects on the surrounding residential neighborhoods by, among other impacts: (1) 295 Ordinance No. Residential Non-bedroom Conversions Moratorium Extension Adopted: Page 4 of 13 Increased or excessive noise, (2) The potential generation of large numbers of people and vehicles in residential neighborhoods, (3) The potential impact on the City’s infrastructure resulting from additional inhabitants in a single family dwelling or residence, and (4) The potential impact on the tourism-related facilities (such as hotels and resorts) in the City. (b) The Short-Term Vacation Rental Regulations, in Section 3.25.070 of the Municipal Code, specifically regulate the number of occupants allowed to occupy any given short- term vacation rental property based on the number of bedrooms in the property. Any unpermitted additional bedrooms, without review by the City and/or without conditions attached to their use, would frustrate this section of the Short-Term Vacation Rental Regulations. (c) Time to study and evaluate the applicability of and possible amendments to the Short-Term Vacation Rental Regulations to applications for additional bedrooms resulting from the conversion of non-bedroom spaces and areas to bedrooms is required so as to ensure the purposes of the Short-Term Vacation Rental Regulations are fulfilled and the requirements of these regulations are complied with by property owners. (3) Violations of Title 9 of the Municipal Code [the City’s Zoning Code]. Among other requirements, the Zoning Code imposes occupancy limits based upon uses of property. Additional bedrooms resulting from the conversion of non-bedroom spaces and areas to bedrooms in existing single family dwellings or other residences conflicts with City’s recognition of the need for and demonstrated intent to specifically regulate residential zones. (a) The Zoning Code expressly recognizes the need for regulations relating to dwellings and residences with high- numbers of bedrooms. Section 9.60.270 of the Municipal Code regulates “bed and breakfast” uses. This section applies to “a residential dwelling occupied by a resident, person, or family, containing individual living quarters occupied for a transient basis for compensation” and, in adopting this section, the City specifically found that “bed and breakfast facilities constitute small commercial lodging facilities in residential districts” which require special 296 Ordinance No. Residential Non-bedroom Conversions Moratorium Extension Adopted: Page 5 of 13 regulations that are not normally covered by standards for motels and hotels. (i) Among other provisions, Section 9.60.270 imposes occupancy limits requiring operation by a person owning the dwelling and residing therein as their principal place of residence and a maximum accommodation of eight guests in four rooms, as well as development standards concerning the placement and condition of rooms and specific required finings that: 1) The property is physically suitable for use as a bed and breakfast facility; and 2) The use of the property as a bed and breakfast will not cause an undue burden on adjacent and nearby property owners. (ii) Additional bedrooms resulting from the conversion of non-bedroom space to bedrooms in single family dwellings or other residences may constitute a use that is similar to or the same as “small commercial lodging facilities in residential districts” for bed and breakfast uses. (iii) Time to study and evaluate the applicability of bed and breakfast regulations (and other Zoning Code regulations) to the conversion of non-bedroom spaces and areas to bedrooms is required, so as to ensure the adding of bedrooms is addressed in the Zoning Code and does not otherwise conflict with prohibitions in the Zoning Code. (b) The Zoning Code expressly recognizes and regulates ancillary business uses in single family dwellings and other residences. Section 9.60.110 of the Municipal Code regulates “home occupation” (or home business) uses. This section applies to “an occupation or activity conducted as an accessory use within a dwelling unit incidental to the residential use of the property,” and, in adopting this section, the City specifically intended to ensure that such “incidental and accessory uses may be established in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood.” 297 Ordinance No. Residential Non-bedroom Conversions Moratorium Extension Adopted: Page 6 of 13 (i) Among other provisions, Section 9.60.110 requires: 1) An incidental and accessory use that shall not change the principal character or use of the dwelling unit involved; 2) Only residents of the dwelling unit may be engaged in the home occupation; and 3) A home occupation shall not occupy more than twenty-five percent of the combined floor area of the house and garage. (ii) Additional bedrooms resulting from the conversion of non-bedroom space to bedrooms in single family dwellings or other residences may be intended by an owner to be for a business use either identical to or substantially similar to “an incidental and accessory use” which requires special review and approval to ensure their compatibility with the neighborhood. (iii) Unpermitted additional bedrooms, without review by the City and/or without conditions attached to their use, likely could change the principal character or use of the dwelling unit by, among other impacts: (1) Increased or excessive noise, (2) The potential generation of large numbers of people and vehicles in residential neighborhoods, (3) The potential impact on the City’s infrastructure resulting from additional inhabitants in a single family dwelling or residence, and (4) The potential impact on the tourism-related facilities (such as hotels and resorts) in the City. (iv) Time to study and evaluate the applicability of home occupation/home business regulations (and other Zoning Code regulations) to the conversion of non- bedroom spaces and areas to bedrooms is required, so as to ensure the adding of bedrooms is addressed in the Zoning Code and does not otherwise conflict with prohibitions in the Zoning Code. (4) Violations of the General Plan and Specifically the Housing Element. Additional bedrooms resulting from the conversion of non-bedroom spaces and areas to bedrooms in existing single 298 Ordinance No. Residential Non-bedroom Conversions Moratorium Extension Adopted: Page 7 of 13 family dwellings or other residences threatens to frustrate the City’s goals and policies as articulated in the General Plan and its Housing Element due to the potential unintended influx in rental housing and occupancy of those single family dwellings or other residences in excess of that contemplated by the General Plan and its Housing Element, producing unplanned impacts on residential neighborhoods. (a) Additional bedrooms resulting from the conversion of non- bedroom spaces and areas to bedrooms in existing single family dwellings or other residences produces an unplanned impact on the community that has the potential to frustrate the City’s “Housing Vision Statement” as articulated in the Housing Element. (Page II-206 of the Housing Element.) (i) The Housing Vision Statement places emphasis on “maintaining and enhancing the City’s high quality of life for its residents, . . . the maintenance and improvement of its existing housing, . . . [and] preserving the overall character of the City.” (Page II-206 of the Housing Element.) (ii) In pursuit of that vision, the Housing Element repeatedly stresses the importance of maintaining consistency of housing density as provided for in the General Plan and Zoning Code, discussing in depth the City’s detailed residential zoning, which is predicated on housing density levels. (See Sections 9.30.020 [RVL Very Low Density Residential District], 9.30.030 [RL Low Density Residential District], 9.30.040 [RC Cove Residential District], 9.30.050 [RM Medium Density Residential District], 9.30.060 [RMH Medium High Density Residential District], and 9.30.070 [RH High Density Residential District] of the Municipal Code.) (iii) As recognized in the Housing Element, the most common housing-related problem in the City is illegal room additions/garage conversions, and the Housing Code mandates that health and safety deficiencies be corrected in accordance with construction standards that were in effect at the time the structure was built. (See page II-287 of the Housing Element.) 299 Ordinance No. Residential Non-bedroom Conversions Moratorium Extension Adopted: Page 8 of 13 (iv) The City’s comprehensive zoning and planning evidences the City’s thoughtful consideration of population density in its residential neighborhoods. (See pages II-258-259 of the Housing Element). Adding bedrooms resulting from the conversion of non-bedroom spaces and areas to bedrooms in existing single family dwellings or other residences threatens that careful planning by introducing a potential unintended influx of rental housing and occupancy in excess of that contemplated by the density planning set forth in the Zoning Code and Housing Element. (b) Adding bedrooms resulting from the conversion of non- bedroom spaces and areas to bedrooms in existing single family dwellings or other residences produces an unplanned impact on the community that has the potential to frustrate the goals and objectives set forth in other elements of the Genera Plan. (i) The Land Use Element articulates the City’s land use goals and policies, including: 1) Preserving safe and identifiable neighborhoods that provide a sense of place by encouraging the preservation of neighborhood character and assure a consistent and compatible land use pattern. (See, GOAL LU-3, Policy LU-3.1 in the Land Use Element of the General Plan.) 2) Maintenance and protection of existing neighborhoods. (See, GOAL LU-4 in the Land Use Element of the General Plan.) (ii) The Circulation Element takes into account existing and long term regional traffic and transportation infrastructure needs in order to assure the City maintains a transportation network that efficiently, safely and economically moves people, vehicles, and goods using facilities that meet the current demands and projected needs of the City. (See, GOAL CIR-1 of the Circulation Element of the General Plan.) 300 Ordinance No. Residential Non-bedroom Conversions Moratorium Extension Adopted: Page 9 of 13 (iii) The Sustainable Community Element articulates the City’s goals and policies concerning its efforts at creating a community that provides the best possible quality of life for all its residents and which specifically includes resource efficient development principles. (See, GOAL SC-1 of the Sustainable Community Element of the General Plan.) (c) Overall, the goals and policies set forth in the General Plan evidence the City’s intent to establish building standards and housing policies that preserve the character of its residential neighborhoods, maintain safe, efficient, and economic transportation, and promote a sustainable community. Adding bedrooms that result from the conversion of non-bedroom spaces and areas to bedrooms in existing single family dwellings or other residences, and the potential impacts resulting from such conversion (including potential influx of rental housing and occupancy in excess of contemplated density designations), threatens each of these goals. B. The City Council finds and determines, for the reasons set forth in this ordinance, that the continued approval or issuance of any City-issued land use entitlement, including subdivisions, use permits, variances, building permits, or any other applicable entitlement, for conversions of non-bedroom spaces and areas to bedrooms in existing single family dwellings or other residences would result in a threat to public health, safety, or welfare. C. The City Council finds and determines that any new or the continued approval of applications for additional bedrooms that result from the conversion of non-bedroom spaces and areas to bedrooms in existing single family dwellings or other residences would have specific, adverse impacts upon the public health or safety for the reasons identified in SECTION 1(A)(1), (2), (3), and (4) of this ordinance. D. The City Council finds and determines that this ordinance is necessary to mitigate or avoid the specific, adverse impacts identified in SECTION 1(A)(1), (2), (3), and (4) of this ordinance. E. There is no feasible alternative to satisfactorily mitigate or avoid the specific, adverse impacts identified in SECTION 1(A)(1), (2), (3), and (4) of this ordinance, as well or better, with a less burdensome or restrictive effect, than the adoption of this ordinance. F. The City Council finds and determines, for the reasons set forth in this ordinance, that the adoption of this ordinance is exempt from the California 301 Ordinance No. Residential Non-bedroom Conversions Moratorium Extension Adopted: Page 10 of 13 Environmental Quality Act under State CEQA Guidelines Section 15060(c)(2), in that the adoption of this Urgency Interim Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment, and is further and independently exempt from the California Environmental Quality Act under State CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty there is no possibility the adoption of this ordinance will have a significant effect on the environment. SECTION 2: Imposition of Moratorium. Based on the findings described above, the City Council hereby adopts the following moratorium and implementing provisions: A. From the date of the adoption of this ordinance, extending the 45-day moratorium enacted under Ordinance No. 566, pursuant to Government Code Section 65858, and for an extension period of one hundred twenty (120) days from its adoption, no approvals may be made by the City, its officers, or its employees for any incomplete or new applications for any City-issued land use entitlement, including subdivisions, use permits, variances, building permits, or any other applicable entitlement, for additional bedrooms that result from the conversion of non-bedroom spaces and areas to bedrooms in existing single family dwellings or other residences within the following zones in the City: RVL Very Low Density Residential District; RL Low Density Residential District; RM Medium Density Residential District; RC Cove Residential District; RMH Medium High Density Residential District. B. During the effective dates of this ordinance, the issuance of any new land use entitlement, including subdivisions, use permits, variances, building permits, or any other applicable entitlement, in violation of SECTION 2(A) of this ordinance, is hereby prohibited and shall be null and void. C. Notwithstanding any provision of the Municipal Code to the contrary, no new land use entitlement, including subdivisions, use permits, variances, building permits, or any other applicable entitlement, for room additions from conversions of non-bedroom space to bedrooms in existing single family dwellings or other residences shall be approved or issued in violation of SECTION 2(A) of this ordinance during the pendency of this ordinance or any extension thereof. D. Nothing in this ordinance does or may be construed as authorizing, in any zone not identified in SECTION 2(A), an approval of a City-issued land use entitlement (including subdivisions, use permits, variances, building permits, or any other applicable entitlement) for additional bedrooms that result from the conversion of non-bedroom spaces and areas to bedrooms, if any such zone not identified in SECTION 2(A) does not permit, or only permits with conditions, residential habitation. E. The extension of the moratorium in this ordinance may be extended in accordance with Government Code Section 65858. 302 Ordinance No. Residential Non-bedroom Conversions Moratorium Extension Adopted: Page 11 of 13 SECTION 3: Study and Report. City staff is hereby authorized and directed to conduct a study of the areas in the City, and specifically residential neighborhoods, that have or may have, either currently or likely to in the future, additional bedrooms resulting from applications for the conversion of non-bedroom spaces and areas to bedrooms in existing single family dwellings or other residences. The study shall address impacts and effects on the character of those areas of the city, especially the residential neighborhoods in which additional bedrooms would result from the conversion of non-bedroom spaces and areas to bedrooms. The study may address any other issues within the scope of the purpose for the moratorium imposed by this ordinance. The study may recommend amendments to the General Plan, its Housing Element, and/or any provisions in the Municipal Code, including the Zoning Code (Title 9), Building and Construction Code (Title 8), and Short-Term Vacation Rental Regulations (Chapter 3.25). The study prepared by City staff shall be reviewed and considered by the City Council as part of the written report that the City Council must issue ten days prior to the expiration of this ordinance or any extension hereof, pursuant to Government Code Section 65858. SECTION 4: Authority. This Ordinance is declared to be an urgency ordinance by authority conferred on the City Council of the City of La Quinta pursuant to the La Quinta City Charter and Government Code Section 65858. SECTION 5: Adoption. This ordinance is adopted by a four-fifths vote of the City Council pursuant to the authority granted by the California Constitution and state law, in addition to the La Quinta City Charter. SECTION 6: Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance or existing provisions in the La Quinta Municipal Code. The City Council hereby declares that it would have adopted this ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. SECTION 7: Effective Date. This ordinance shall be in full force and effect immediately upon its adoption pursuant to Government Code Section 65858. For the term of this ordinance, or any extension thereof, the provisions of this ordinance shall govern over any conflicting provisions of any other City ordinance, resolution, or policy. SECTION 8: Posting. The City Clerk shall certify the passage and adoption of this ordinance and publish or post the same as required by law. 303 Ordinance No. Residential Non-bedroom Conversions Moratorium Extension Adopted: Page 12 of 13 PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 20th day of February, 2018 by the following vote: AYES: NOES: ABSENT: ABSTAIN: _____________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: ___________________________ SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: ________________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 304 Ordinance No. Residential Non-bedroom Conversions Moratorium Extension Adopted: Page 13 of 13 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, passed and adopted as an Ordinance pursuant to California Government Code Section 65858 at a regular meeting on the 20th day of February, 2018. _________________________________ 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 _______________, 2018 pursuant to Council Resolution. _________________________________ SUSAN MAYSELS, City Clerk City of La Quinta, California 305 306 City of La Quinta CITY COUNCIL MEETING DEPARTMENT REPORT TO: Madam Mayor and Members of the City Council FROM: Angela Ferreira, Management Specialist City Manager’s Office DATE: February 20, 2018 SUBJECT: CALLE TECATE PARKING RESTRICTIONS The Cove Neighborhood Association (Association) reached out to City staff regarding their concerns and safety issues related to on-street parking on Calle Tecate. Staff notified affected residents and conducted an online survey that ran January 10-25th. There were sixty-eight respondents to this survey. The majority agreed that parking on Calle Tecate is not safe and would like to see it prohibited. On February 5, 2018, staff attended an Association meeting to report the survey results. The Association was advised that for the City to move forward with prohibiting parking they would need to obtain signatures from at least two-thirds of the owners in the affected area that favor eliminating on-street parking. Staff provided the Association with an owner address list, a sample petition, and survey results for their review and use. The Association will report back to staff with their findings. DEPARTMENT REPORT ITEM NO. 1 307 308 DEPARTMENTAL REPORT ITEM NO. 5-ADEPARTMENTAL REPORT ITEM NO. 5-A 309 310 311 312 City of La Quinta CITY COUNCIL MEETING DEPARTMENT REPORT TO: Madam Mayor and Members of the City Council FROM: Carlos Flores, Associate Planner DATE: February 20, 2018 SUBJECT: JANUARY 2018 VILLAGE PARKING SURVEY Efforts to improve the La Quinta Village as a destination for residents and visitors are a City priority. The Village parking management program monitors parking demand by conducting parking surveys for on-street and off-street parking occupancy in peak season (January) and off-peak season (August). This report is intended to update the City Council on the January 2018 survey results. There are a total of 4,184 parking spaces in the Village District (Attachment 1). Of these, 3,297 are off-street spaces, and 887 are on-street spaces. A reduction of 5 off-street spaces occurred with Linden Plaza construction in Old Town La Quinta. Below are the results from the January 2018 survey compared with previous surveys: 1The Village Core Zone is bounded by Avenida Navarro, Desert Club Drive, Calle Tampico, and Calle Estado The parking occupancy results demonstrate that parking is abundant throughout the Village and has not changed drastically from the previous year. Staff plans to conduct the next off-peak season parking survey in August 2018. Attachments: 1.January 2018 Village Peak Parking Inventory 2.January 2018 Village Peak Season Parking Survey results Survey Date Total Parking Occupancy Peak Occupancy Time Village Core Zone Peak Occupancy1 January 2018 Saturday, January 27, 2018 17-29% 6:00 P.M. 63% - 6:00 P.M. Wednesday, January 24, 2018 19-29% 12:00 P.M. 58% - 12:00 P.M. January 2017 Saturday, January 28, 2017 18-31% 6:00 P.M. 66% - 6:00 P.M. Wednesday, January 25, 2017 18-30% 12:00 P.M. 55% - 12:00 P.M. August 2017 Saturday, August 5, 2017 14-16% 6:00 P.M. 32% - 6:00 P.M. Tuesday, August 8, 2017 13-22% 2:00 P.M. 35% - 12:00 P.M. DEPARTMENT REPORT ITEM NO. 5-B 313 314 ATTACHMENT 1ATTACHMENT 1 315 316 La Quinta Parking Occupancy Survey Wednesday Results - 1/24/18 Page 1 of 8 Parking Occupancy Data - Wednesday January 24, 2018 Block #Parking Type 8am 10am 12pm 2pm 4pm 6pm 8pm 1 Off-Street 162 174 186 187 107 59 43 On-Street 0 5 5 5 7 0 0 Off Supply 595 433 421 409 408 488 536 552 27.23%29.24%31.26%31.43%17.98%9.92%7.23% On Supply 5 5 0 0 0 -2 5 5 0.00%100.00%100.00%100.00%140.00%0.00%0.00% Total Supply 600 438 421 409 408 486 541 557 27.00%29.83%31.83%32.00%19.00%9.83%7.17% 2 Off-Street 134 119 117 105 136 177 223 On-Street 17 3 8 8 5 3 0 Off Supply 572 438 453 455 467 436 395 349 23.43%20.80%20.45%18.36%23.78%30.94%38.99% On Supply 41 24 38 33 33 36 38 41 41.46%7.32%19.51%19.51%12.20%7.32%0.00% Total Supply 613 462 491 488 500 472 433 390 24.63%19.90%20.39%18.43%23.00%29.36%36.38% 3 Off-Street 66 88 79 101 94 46 16 On-Street 0 1 2 1 0 0 0 Off Supply 284 218 196 205 183 190 238 268 23.24%30.99%27.82%35.56%33.10%16.20%5.63% On Supply 49 49 48 47 48 49 49 49 0.00%2.04%4.08%2.04%0.00%0.00%0.00% Total Supply 333 267 244 252 231 239 287 317 19.82%26.73%24.32%30.63%28.23%13.81%4.80% 4 Off-Street 49 91 91 93 56 69 47 On-Street 0 0 0 0 0 0 0 Off Supply 466 417 375 375 373 410 397 419 10.52%19.53%19.53%19.96%12.02%14.81%10.09% On Supply 0 0 0 0 0 0 0 0 0.00%0.00%0.00%0.00%0.00%0.00%0.00% Total Supply 466 417 375 375 373 410 397 419 10.52%19.53%19.53%19.96%12.02%14.81%10.09% 5 Off-Street 32 24 23 23 26 27 20 On-Street 6 16 16 15 18 20 16 Off Supply 82 50 58 59 59 56 55 62 39.02%29.27%28.05%28.05%31.71%32.93%24.39% On Supply 56 50 40 40 41 38 36 40 10.71%28.57%28.57%26.79%32.14%35.71%28.57% Total Supply 138 100 98 99 100 94 91 102 27.54%28.99%28.26%27.54%31.88%34.06%26.09% % Occupied Space Available % Occupied Space Available % Occupied Space Available Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied ATTACHMENT 2 317 La Quinta Parking Occupancy Survey Wednesday Results - 1/24/18 Page 2 of 8 Parking Occupancy Data - Wednesday January 24, 2018 Block #Parking Type 8am 10am 12pm 2pm 4pm 6pm 8pm 6 Off-Street 6 20 23 19 18 10 21 On-Street 9 7 4 9 8 6 2 Off Supply 44 38 24 21 25 26 34 23 13.64%45.45%52.27%43.18%40.91%22.73%47.73% On Supply 59 50 52 55 50 51 53 57 15.25%11.86%6.78%15.25%13.56%10.17%3.39% Total Supply 103 88 76 76 75 77 87 80 14.56%26.21%26.21%27.18%25.24%15.53%22.33% 7 Off-Street 15 28 60 56 86 79 49 On-Street 4 8 8 21 7 4 4 Off Supply 154 139 126 94 98 68 75 105 9.74%18.18%38.96%36.36%55.84%51.30%31.82% On Supply 32 28 24 24 11 25 28 28 12.50%25.00%25.00%65.63%21.88%12.50%12.50% Total Supply 186 167 150 118 109 93 103 133 10.22%19.35%36.56%41.40%50.00%44.62%28.49% 8 Off-Street 41 100 121 108 111 120 73 On-Street 27 54 81 67 73 80 48 Off Supply 126 85 26 5 18 15 6 53 32.54%79.37%96.03%85.71%88.10%95.24%57.94% On Supply 97 70 43 16 30 24 17 49 27.84%55.67%83.51%69.07%75.26%82.47%49.48% Total Supply 223 155 69 21 48 39 23 102 30.49%69.06%90.58%78.48%82.51%89.69%54.26% 9 Off-Street 17 32 35 28 31 27 11 On-Street 0 0 5 2 4 7 0 Off Supply 40 23 8 5 12 9 13 29 42.50%80.00%87.50%70.00%77.50%67.50%27.50% On Supply 69 69 69 64 67 65 62 69 0.00%0.00%7.25%2.90%5.80%10.14%0.00% Total Supply 109 92 77 69 79 74 75 98 15.60%29.36%36.70%27.52%32.11%31.19%10.09% 10 Off-Street 30 74 59 56 51 45 9 On-Street 0 0 0 0 0 0 0 Off Supply 178 148 104 119 122 127 133 169 16.85%41.57%33.15%31.46%28.65%25.28%5.06% On Supply 36 36 36 36 36 36 36 36 0.00%0.00%0.00%0.00%0.00%0.00%0.00% Total Supply 214 184 140 155 158 163 169 205 14.02%34.58%27.57%26.17%23.83%21.03%4.21% Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied 318 La Quinta Parking Occupancy Survey Wednesday Results - 1/24/18 Page 3 of 8 Parking Occupancy Data - Wednesday January 24, 2018 Block #Parking Type 8am 10am 12pm 2pm 4pm 6pm 8pm 11 Off-Street 58 74 63 59 63 7 9 On-Street 2 0 2 0 2 0 0 Off Supply 166 108 92 103 107 103 159 157 34.94%44.58%37.95%35.54%37.95%4.22%5.42% On Supply 33 31 33 31 33 31 33 33 6.06%0.00%6.06%0.00%6.06%0.00%0.00% Total Supply 199 139 125 134 140 134 192 190 30.15%37.19%32.66%29.65%32.66%3.52%4.52% 12 Off-Street 0 3 6 8 2 1 9 On-Street 39 33 28 37 27 5 0 Off Supply 15 15 12 9 7 13 14 6 0.00%20.00%40.00%53.33%13.33%6.67%60.00% On Supply 188 149 155 160 151 161 183 188 20.74%17.55%14.89%19.68%14.36%2.66%0.00% Total Supply 203 164 167 169 158 174 197 194 19.21%17.73%16.75%22.17%14.29%2.96%4.43% 13 Off-Street 7 12 9 8 3 4 7 On-Street 0 2 3 1 1 0 0 Off Supply 39 32 27 30 31 36 35 32 17.95%30.77%23.08%20.51%7.69%10.26%17.95% On Supply 4 4 2 1 3 3 4 4 0.00%50.00%75.00%25.00%25.00%0.00%0.00% Total Supply 43 36 29 31 34 39 39 36 16.28%32.56%27.91%20.93%9.30%9.30%16.28% 14 Off-Street 29 39 61 62 56 32 20 On-Street 24 33 48 29 26 43 20 Off Supply 111 82 72 50 49 55 79 91 26.13%35.14%54.95%55.86%50.45%28.83%18.02% On Supply 58 34 25 10 29 32 15 38 41.38%56.90%82.76%50.00%44.83%74.14%34.48% Total Supply 169 116 97 60 78 87 94 129 31.36%42.60%64.50%53.85%48.52%44.38%23.67% 15 Off-Street 6 7 10 9 0 1 0 On-Street 6 9 10 10 5 1 2 Off Supply 24 18 17 14 15 24 23 24 25.00%29.17%41.67%37.50%0.00%4.17%0.00% On Supply 30 24 21 20 20 25 29 28 20.00%30.00%33.33%33.33%16.67%3.33%6.67% Total Supply 54 42 38 34 35 49 52 52 22.22%29.63%37.04%35.19%9.26%3.70%3.70% Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied 319 La Quinta Parking Occupancy Survey Wednesday Results - 1/24/18 Page 4 of 8 Parking Occupancy Data - Wednesday January 24, 2018 Block #Parking Type 8am 10am 12pm 2pm 4pm 6pm 8pm 16 Off-Street 42 66 52 71 108 88 87 On-Street 1 11 10 12 7 6 8 Off Supply 249 207 183 197 178 141 161 162 16.87%26.51%20.88%28.51%43.37%35.34%34.94% On Supply 117 116 106 107 105 110 111 109 0.85%9.40%8.55%10.26%5.98%5.13%6.84% Total Supply 366 323 289 304 283 251 272 271 11.75%21.04%16.94%22.68%31.42%25.68%25.96% 17 Off-Street 3 5 8 13 28 79 45 On-Street 0 0 0 1 13 6 4 Off Supply 152 149 147 144 139 124 73 107 1.97%3.29%5.26%8.55%18.42%51.97%29.61% On Supply 13 13 13 13 12 0 7 9 0.00%0.00%0.00%7.69%100.00%46.15%30.77% Total Supply 165 162 160 157 151 124 80 116 1.82%3.03%4.85%8.48%24.85%51.52%29.70% Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied 320 La Quinta Parking Occupancy Survey Saturday Results - 1/27/18 Page 5 of 8 Parking Occupancy Data - Saturday, January 227, 2018 Block #Parking Type 8am 10am 12pm 2pm 4pm 6pm 8pm 1 Off-Street 89 113 108 113 98 69 39 On-Street 3 2 3 4 3 2 2 Off Supply 595 506 482 487 482 497 526 556 14.96%18.99%18.15%18.99%16.47%11.60%6.55% On Supply 5 2 3 2 1 2 3 3 60.00%40.00%60.00%80.00%60.00%40.00%40.00% Total Supply 600 508 485 489 483 499 529 559 15.33%19.17%18.50%19.50%16.83%11.83%6.83% 2 Off-Street 216 164 146 129 180 220 240 On-Street 3 9 9 8 5 2 2 Off Supply 572 356 408 426 443 392 352 332 37.76%28.67%25.52%22.55%31.47%38.46%41.96% On Supply 41 38 32 32 33 36 39 39 7.32%21.95%21.95%19.51%12.20%4.88%4.88% Total Supply 613 394 440 458 476 428 391 371 35.73%28.22%25.29%22.35%30.18%36.22%39.48% 3 Off-Street 16 37 36 30 34 21 17 On-Street 0 1 0 0 1 0 0 Off Supply 284 268 247 248 254 250 263 267 5.63%13.03%12.68%10.56%11.97%7.39%5.99% On Supply 49 49 48 49 49 48 49 49 0.00%2.04%0.00%0.00%2.04%0.00%0.00% Total Supply 333 295 297 303 312 316 4.80%11.41%10.81%9.01%10.51%6.31%5.11% 4 Off-Street 41 75 67 43 37 56 55 On-Street 0 0 0 0 0 0 0 Off Supply 466 425 391 399 423 429 410 411 8.80%16.09%14.38%9.23%7.94%12.02%11.80% On Supply 0 0 0 0 0 0 0 0 0.00%0.00%0.00%0.00%0.00%0.00%0.00% Total Supply 466 425 391 399 423 429 410 411 8.80%16.09%14.38%9.23%7.94%12.02%11.80% 5 Off-Street 24 48 24 31 34 31 28 On-Street 12 13 15 13 18 16 12 Off Supply 82 58 34 58 51 48 51 54 29.27%58.54%29.27%37.80%41.46%37.80%34.15% On Supply 56 44 43 41 43 38 40 44 21.43%23.21%26.79%23.21%32.14%28.57%21.43% Total Supply 138 102 77 99 94 86 91 98 26.09%44.20%28.26%31.88%37.68%34.06%28.99% Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied % Occupied Space Available % Occupied Space Available % Occupied Space Available 321 La Quinta Parking Occupancy Survey Saturday Results - 1/27/18 Page 6 of 8 Parking Occupancy Data - Saturday, January 227, 2018 Block #Parking Type 8am 10am 12pm 2pm 4pm 6pm 8pm 6 Off-Street 22 17 25 18 11 10 19 On-Street 2 4 2 7 5 4 7 Off Supply 44 22 27 19 26 33 34 25 50.00%38.64%56.82%40.91%25.00%22.73%43.18% On Supply 59 57 55 57 52 54 55 52 3.39%6.78%3.39%11.86%8.47%6.78%11.86% Total Supply 103 79 82 76 78 87 89 77 23.30%20.39%26.21%24.27%15.53%13.59%25.24% 7 Off-Street 13 32 77 69 101 118 64 On-Street 5 6 7 8 9 6 4 Off Supply 154 141 122 77 85 53 36 90 8.44%20.78%50.00%44.81%65.58%76.62%41.56% On Supply 32 27 26 25 24 23 26 28 15.63%18.75%21.88%25.00%28.13%18.75%12.50% Total Supply 186 168 148 102 109 76 62 118 9.68%20.43%45.16%41.40%59.14%66.67%36.56% 8 Off-Street 35 78 102 91 118 148 76 On-Street 31 51 79 88 81 85 61 Off Supply 126 91 48 24 35 8 -22 50 27.78%61.90%80.95%72.22%93.65%117.46%60.32% On Supply 97 66 46 18 9 16 12 36 31.96%52.58%81.44%90.72%83.51%87.63%62.89% Total Supply 223 157 94 42 44 24 -10 86 29.60%57.85%81.17%80.27%89.24%104.48%61.43% 9 Off-Street 7 15 22 21 15 32 17 On-Street 1 0 3 0 4 3 0 Off Supply 40 33 25 18 19 25 8 23 17.50%37.50%55.00%52.50%37.50%80.00%42.50% On Supply 69 68 69 66 69 65 66 69 1.45%0.00%4.35%0.00%5.80%4.35%0.00% Total Supply 109 101 94 84 88 90 74 92 7.34%13.76%22.94%19.27%17.43%32.11%15.60% 10 Off-Street 18 36 28 36 23 8 1 On-Street 0 0 0 0 0 0 0 Off Supply 178 160 142 150 142 155 170 177 10.11%20.22%15.73%20.22%12.92%4.49%0.56% On Supply 36 36 36 36 36 36 36 36 0.00%0.00%0.00%0.00%0.00%0.00%0.00% Total Supply 214 196 178 186 178 191 206 213 8.41%16.82%13.08%16.82%10.75%3.74%0.47% Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied 322 La Quinta Parking Occupancy Survey Saturday Results - 1/27/18 Page 7 of 8 Parking Occupancy Data - Saturday, January 227, 2018 Block #Parking Type 8am 10am 12pm 2pm 4pm 6pm 8pm 11 Off-Street 6 11 9 29 12 7 5 On-Street 0 0 0 0 0 0 0 Off Supply 166 160 155 157 137 154 159 161 3.61%6.63%5.42%17.47%7.23%4.22%3.01% On Supply 33 33 33 33 33 33 33 33 0.00%0.00%0.00%0.00%0.00%0.00%0.00% Total Supply 199 193 188 190 170 187 192 194 3.02%5.53%4.52%14.57%6.03%3.52%2.51% 12 Off-Street 4 0 0 0 0 1 0 On-Street 82 101 61 28 26 15 6 Off Supply 15 11 15 15 15 15 14 15 26.67%0.00%0.00%0.00%0.00%6.67%0.00% On Supply 188 106 87 127 160 162 173 182 43.62%53.72%32.45%14.89%13.83%7.98%3.19% Total Supply 203 117 102 142 175 177 187 197 42.36%49.75%30.05%13.79%12.81%7.88%2.96% 13 Off-Street 9 5 3 11 3 5 2 On-Street 1 0 0 0 0 0 0 Off Supply 39 30 34 36 28 36 34 37 23.08%12.82%7.69%28.21%7.69%12.82%5.13% On Supply 4 3 4 4 4 4 4 4 25.00%0.00%0.00%0.00%0.00%0.00%0.00% Total Supply 43 33 38 40 32 40 38 41 23.26%11.63%6.98%25.58%6.98%11.63%4.65% 14 Off-Street 19 29 26 27 35 29 37 On-Street 8 10 36 25 29 54 22 Off Supply 111 92 82 85 84 76 82 74 17.12%26.13%23.42%24.32%31.53%26.13%33.33% On Supply 58 50 48 22 33 29 4 36 13.79%17.24%62.07%43.10%50.00%93.10%37.93% Total Supply 169 142 130 107 117 105 86 110 15.98%23.08%36.69%30.77%37.87%49.11%34.91% 15 Off-Street 5 15 3 2 4 0 1 On-Street 1 6 3 3 3 11 4 Off Supply 24 19 9 21 22 20 24 23 20.83%62.50%12.50%8.33%16.67%0.00%4.17% On Supply 30 29 24 27 27 27 19 26 3.33%20.00%10.00%10.00%10.00%36.67%13.33% Total Supply 54 48 33 48 49 47 43 49 11.11%38.89%11.11%9.26%12.96%20.37%9.26% Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied 323 La Quinta Parking Occupancy Survey Saturday Results - 1/27/18 Page 8 of 8 Parking Occupancy Data - Saturday, January 227, 2018 Block #Parking Type 8am 10am 12pm 2pm 4pm 6pm 8pm 16 Off-Street 28 45 49 49 58 139 143 On-Street 0 0 0 1 5 10 12 Off Supply 249 221 204 200 200 191 110 106 11.24%18.07%19.68%19.68%23.29%55.82%57.43% On Supply 117 117 117 117 116 112 107 105 0.00%0.00%0.00%0.85%4.27%8.55%10.26% Total Supply 366 338 321 317 316 303 217 211 7.65%12.30%13.39%13.66%17.21%40.71%42.35% 17 Off-Street 6 7 10 13 43 92 105 On-Street 0 0 1 0 3 6 9 Off Supply 152 146 145 142 139 109 60 47 3.95%4.61%6.58%8.55%28.29%60.53%69.08% On Supply 13 13 13 12 13 10 7 4 0.00%0.00%7.69%0.00%23.08%46.15%69.23% Total Supply 165 159 158 154 152 119 67 51 3.64%4.24%6.67%7.88%27.88%59.39%69.09% Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied 324               DEPARTMENTAL REPORT ITEM NO. 6 325 326 Seminars/Training $600.15 Lighting/Electrical $417.46 Irrigation/Weeds Tree Trimming $463.14 Plant Installation $694.71 Sign Maint $77.19 Inspection Maint $3,785.22 Playground Equipment Insp. $169.53 Graffiti $648.54 Gopher & Dog Holes Pest Control $401.82 Athletic Field Insp. $31.02 Meeting $883.77 Waterfeatures $154.38 Parking Lot Repairs $77.19 Painting $679.56 Walkways $3,396.36 Trail Maint $648.54 Debris/Litter Removal $524.46 Fencing Wall Repairs $540.33 Seminars/Training Lighting/Electrical Irrigation/Weeds/Tree Trimming Plant Installation Sign Maint Inspection Maint Playground Equipment Insp. Graffiti Gopher & Dog Holes, Pest Control Athletic Field Insp. Meeting Waterfeatures Parking Lot Repairs Painting Walkways Trail Maint Debris/Litter Removal Fencing Wall Repairs 327 328 DEBRIS REMOVAL AND TRASH CLEAN-UP 329 330 FRITZ BURNS POOL DECK CLEAN –UP 331 332 GRAFFITI CLEAN-UP 333 334 335 336 Special Events $470.98 Graffiti Removal $1,573.27 Vandalism Repairs $159.19 Irrigation/ Plant Material $2,131.60 Debris/Litter Removal $4,987.98 Seminars/Training $37.00 Vehicle/Equipment Maint $1,135.79 Gutter/Median Sand Removal $129.72 Inspection $1,357.16 Lighting - Medians $24.93 Concrete Repairs $564.48 Landscape Contract Mgt $1,653.41 Flood Control $1,807.56 Street Signs $6,661.77 Pavement Marking $1,815.58 Pothole or Street Repair $3,703.02 Sidewalk Repair $561.56 Storm Drain Repair & Maint $2,519.01 Street Sweeping $626.82 Special Events Graffiti Removal Vandalism Repairs Irrigation/ Plant Material Debris/Litter Removal Seminars/Training Vehicle/Equipment Maint Gutter/Median Sand Removal Inspection Lighting - Medians Concrete Repairs Landscape Contract Mgt Flood Control Street Signs Pavement Marking Pothole or Street Repair Sidewalk Repair Storm Drain Repair & Maint Street Sweeping 337 338 339 340 341 342 Facilities Maintenance $1,013.80 Light Bulbs $22.38 Electrical $978.74 Personnel Requests $1,528.10 Carpentry & Hardware $640.60 Meetings $709.87 Security/Alarms/Doors $96.09 Plumbing $819.29 Training/Classes $64.06 Misc/General Repairs $489.65 Janitorial $195.25 Paint $3,758.39 Library/Misc; General Repairs $236.93 Museum/Paint $44.75 Fire Station Carpentry & Hardware $128.12 Fire Station Electrical $160.15 Fire Station HVAC $192.18 Fire Station Personnel Requests $183.54 Fire Station Misc/General Repairs $229.06 Facilities Maintenance Light Bulbs Electrical Personnel Requests Carpentry & Hardware Meetings Security/Alarms/Doors Plumbing Training/Classes Misc/General Repairs Janitorial Paint Library/Misc; General Repairs Museum/Paint Fire Station/Carpentry & Hardware Fire Station/Electrical Fire Station/HVAC Fire Station/Personnel Requests Fire Station/Misc/General Repairs 343 344 BEFORE AFTER BEFORE AFTER AFTER AFTER BEFORE BEFORE AFTER BEFORE 345 346 BEFORE AFTER BEFORE AFTER BEFORE BEFORE BEFORE AFTER AFTER AFTER 347 348 Customer Satisfaction Survey Details 01/01/2018 to 01/31/2018 Request: 31314 Survey Entered: 01-09-2018 Request Entered: 12/21/2017 Closed: 01/02/2018 Days Open: 12 Topic: Irrigation/ Weeds/Shrub/Tree Trimming - 1040 Employee: James Lindsey Customer: Mark Johnson Description: Fountain grass at Via Sevilla median does not belong with this plant pallet and should be removed. Reason Closed: Removed fountain grass. Employee Effectiveness: Superior Response Times: Superior Employee Courtesy: Superior Expectations Met: Exceeded Comments: Prompt, efficient & friendly service!! Request: 31407 Survey Entered: 01-03-2018 Request Entered: 12/30/2017 Closed: 01/03/2018 Days Open: 4 Topic: Graffiti Removal (Right-of-Way) - 1071 Employee: James Lindsey Customer: Margo Guilbault Description: Stop sign grafity Reason Closed: Completed Employee Effectiveness: Superior Response Times: Superior Employee Courtesy: Superior Expectations Met: Exceeded Request: 31485 Survey Entered: 01-17-2018 Request Entered: 01/03/2018 Closed: 01/10/2018 Days Open: 7 Topic: FS/Personnel Request Employee: Alfred Berumen Customer: Reyna Camarena Description: Can you order 4 horse shoe style light bulbs for the hallways (GE Ecolux Mod -u-line/F32T8 u6 SP35 ECO HG-E 32W 3500K CHINA A55). Reason Closed: Work done. Employee Effectiveness: Superior Response Times: Superior Employee Courtesy: Superior Expectations Met: Exceeded 349 Request: 31486 Survey Entered: 01-12-2018 Request Entered: 01/03/2018 Closed: 01/05/2018 Days Open: 2 Topic: Parks/Trail Maintenance Employee: Robert Ambriz Jr. Customer: Bill Aitken Description: Top of the cove trash not picked up all weekend. Reason Closed: Emptied out trash. Did an inspection of all trash containers at the Cove Oasis and Bear Creek trail. Employee Effectiveness: Good Response Times: Below Average Employee Courtesy: Good Expectations Met: Below Comments: This trash was not picked up durning the New Years weekend time to get a new crew to pickup the trash. Request: 31517 Survey Entered: 01-25-2018 Request Entered: 01/05/2018 Closed: 01/18/2018 Days Open: 13 Topic: Parks/IrrigationWeeds/Tree Trimming Employee: Robert Ambriz Jr. Customer: David Marzane Description: Again...too much water creates mud. Mud and dogs, not a good thing. Please reduce or reschedule water amount timing. Reason Closed: Irrigation schedule was adjusted. Employee Effectiveness: Average Response Times: Average Employee Courtesy: Average Expectations Met: Met Request: 31543 Survey Entered: 01-24-2018 Request Entered: 01/08/2018 Closed: 01/24/2018 Days Open: 16 Topic: Landscape/Irrigation Contract Management - 1050 Employee: James Lindsey Customer: Dori Quill Description: The newly landscaped ends of La Fonda and Estado looks so nice on Bermudez. Is anything going to be done with this planter across from the gas station? There are many sad looking plants and empty spaces in it. It needs a refreshing. Reason Closed: Removed old plants from the pots, fixed irrigation, planted new plants and leveled the soil. added DG Employee Effectiveness: Superior Response Times: Superior Employee Courtesy: Superior Expectations Met: Exceeded Comments: So fast and well done! 350 Request: 31573 Survey Entered: 01-10-2018 Request Entered: 01/09/2018 Closed: 01/10/2018 Days Open: 1 Topic: Graffiti Employee: Alfred Berumen Customer: Minerva Ochoa Description: White writing in men's restroom on toilet paper dispenser. Reason Closed: work done. Employee Effectiveness: Superior Response Times: Superior Employee Courtesy: Superior Expectations Met: Exceeded Comments: Immediate response Request: 31574 Survey Entered: 01-10-2018 Request Entered: 01/09/2018 Closed: 01/10/2018 Days Open: 1 Topic: FM/Electrical Employee: Alfred Berumen Customer: Minerva Ochoa Description: Batteries need replacement on emergency exit door in the children's area. Reason Closed: work done Employee Effectiveness: Superior Response Times: Superior Employee Courtesy: Superior Expectations Met: Exceeded Comments: Immediate response Request: 31610 Survey Entered: 01-26-2018 Request Entered: 01/11/2018 Closed: 01/19/2018 Days Open: 8 Topic: Graffiti Removal (Right-of-Way) - 1071 Employee: James Lindsey Customer: David Marzane Description: Grafitti on street sign. Eisenhower and calle Tampico. Reason Closed: Could not locate any Graffiti in area/no picture available of graffiti to assist in search. Employee Effectiveness: Good Response Times: Good Employee Courtesy: Superior Expectations Met: Met Comments: Could not find the graffiti on initial request. More specific location information supplied. 351 Request: 31638 Survey Entered: 01-24-2018 Request Entered: 01/15/2018 Closed: 01/17/2018 Days Open: 2 Topic: Graffiti Removal (Right-of-Way) - 1071 Employee: James Lindsey Customer: Margaret Vargas Description: Graffiti on community direction sign Reason Closed: work done Employee Effectiveness: Superior Response Times: Superior Employee Courtesy: Superior Expectations Met: Exceeded Comments: Thank you for always having a timely response and your hard work. Request: 31702 Survey Entered: 01-29-2018 Request Entered: 01/18/2018 Closed: 01/22/2018 Days Open: 4 Topic: x - Cannot Find My Issue Employee: Alfred Berumen Customer: Minerva Ochoa Description: Outside book drop lock malfunctions when the bin rolls forward. Reason Closed: Removed the bar from the bin and lock works perfectly. Employee Effectiveness: Superior Response Times: Superior Employee Courtesy: Superior Expectations Met: Exceeded Request: 31708 Survey Entered: 01-30-2018 Request Entered: 01/19/2018 Closed: 01/23/2018 Days Open: 4 Topic: Irrigation/ Weeds/Shrub/Tree Trimming - 1040 Employee: James Lindsey Customer: Judy Kenna Description: unsightly weeds along 50th at fencing near the street at the middle school & boys club Reason Closed: removed overgrown weeds. Employee Effectiveness: No answer Response Times: No answer Employee Courtesy: No answer Expectations Met: Below Comments: Not completed. Still weeds along school on 50th @ fence & sidewalk. 352 FINANCE DEPARTMENT QUARTERLY REPORT October - December 2017 Fiscal ResponsibilityFINANCE STATISTICS AccountsPayable InvoicesProcessed: 1,337 PurchaseOrdersIssued:  33 Amountofcashreceiptscollected: $16,368,144 Training & Development 10/23-10/25 CalPERS Educational Forum  10/25 Coachella Valley’s Economic Partnership’s Annual Economic Summit 11/1 Ethics in Action: What Every Finance Professional Needs to Know & Do 11/16 Strategies for Managing Rising Pension Costs & OPEB Liabilities  11/29 Managing Multiple Priorities, Projects & Deadlines  12/19 Tyler Financials & Personnel Updates 11/30 & 12/21 Passion & Purpose Workshop Staff provided 454 files for external audits with over 585 hours on analysis, reconciliation, review, preparation of audit reports, and communication with 14 independent auditors. Preparation and completion of this report was done from November 27th to December 28th 30 documents were provided to auditors and 280 hours of staff time COMPREHENSIVE ANNUAL FINANCIAL REPORT Completed all items on auditor requested listing along  with reconciliation and analysis of documents 385 documents were provided to auditors and 240 hours of staff time CITYWIDE FINANCIAL AUDIT Prepared and submitted report to the Riverside County Transportation Commission (RCTC) by the required filing date 9 documents were provided to the State Controller's Office auditor and 30 hours of staff time ANNUAL STATE STREET REPORT AUDIT 30 documents were provided to auditors and 35 hours  of staff time LOCAL MEASURE A AUDIT  DEPARTMENTAL REPORT ITEM NO. 7 353 354 COMMUNITY SERVICES COMMISSION MINUTES MONDAY, DECEMBER 11, 2017 CALL TO ORDER A regular meeting of the La Quinta Community Services Commission was called to order at 5:30 p.m. by Chair Chiapperini. ROLL CALL PRESENT: Commissioners Marley, Quill, Van Horn, Wyler and Chair Chiapperini PLEDGE OF ALLEGIANCE Commissioner Marley led the Commission in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. LIBRARY UPDATE Presented by Sue Duran, Desert Zone Manager REPORTS AND INFORMATIONAL ITEMS 1. FACILITIES REPORT (VERBAL) Presented by Robert Ambriz, Parks Superintendent • Spohn Ranch kick-off meeting regarding Fritz Burns skate park design • Cove Oasis parking signage 2. COMMUNITY PROGRAMS AND WELLNESS REPORT -NOVEMBER 2017 Presented by Chris Escobedo, Community Resources Director 3. COMMUNITY WORKSHOP 2018 Presented by Chris Escobedo, Community Resources Director CONSENT CALENDAR 1. APPROVE MINUTES OF NOVEMBER 13, 2017 MOTION -A motion was made and seconded by Commissioners Van Horn/Wyler to approve the November 13, 2017 Community Services Commission minutes as submitted. Motion passed unanimously. COMMISSIONER'S ITEMS Events Attended: • Marley -Tree Lighting • Quill -Tree Lighting COMMUNITY SERVICES COMMISSION MINUTES DECEMBER 11, 2017 REPORTS AND INFORMATIONAL ITEM NO. 27 355 • Van Horn -Tree Lighting • Wyler -Tree Lighting • Chiapperini -Tree Lighting Commissioner Quill asked staff to contact Desert Recreation District about installing two (2) bocce ball courts at the La Quinta Community Park. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Marley/Quill to adjourn the meeting at 6:38 p.m. Motion passes unanimously. rvices Commission Secretary COMMUNITY SERVICES COMMISSION MINUTES DECEMBER 11, 2017 356 REPORTS AND INFORMATIONAL ITEM NO. 27 357 358 359 THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK 360 HAND OUTS CITY COUNCIL MEETING FEBRUARY 20, 2018 COUNCIL MEETING - FEBRUARY 20, 2018 - HAND-OUT BY MR. CARLO CUDIO PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - ORDINANCE NO. 565 GOLF COURSE MAINTENANCE NOISE 2/20/2018 1 City of La Quinta  Resolution 2017‐12 (Ordinance 565) Amended the Noise Ordinance To exempt golf courses from the City’s noise limits  between the hours of 5:30 a.m.  and 8:00 p.m.  2/20/2018 2 Staff Report (E.I.R) Page 21:  “ A survey on August 30, 2017 was taken to  complete noise readings of golf course  maintenance work at different holes at a  representative golf course, the PGA West golf  course located south of Avenue 54 and west  of Madison Street.”   Staff Report (E.I.R) Page 21:  “ ….maintenance lasts 2‐3 hours per hole.” 2/20/2018 3 Staff Report (E.I.R) Page 21:  “Golf course sweepers produced decibel  readings as high as 60 dB(A) and as low as  52 dB (A) during the duration of the  maintenance work” (emphasis added) Staff Report (E.I.R) Page 21:  “… the mowers produced readings ranging from  52 dB (A) to 65 dB(A) and a blower produced  readings within the same range as the mowers .”  (emphasis added) 2/20/2018 4 Staff Report (E.I.R) Staff report is SILENT as to: •the distance between the City’s sound measuring device and the maintenance equipment being measured, and •The make and model of the golf course    equipment that was measured John Deere 5065E 2/20/2018 5 Certified at 91.5 dB with no load Observed:  99 dB @ 60 feet with mower attached  2/20/2018 6 BUFFALO TURBINE DEBRIS BLOWER SOUND POWER RATING:  120dB 2/20/2018 7 Manufacturer’s Rep: “Normally operates at 115 dB” Observed: 90 dB @ 200 feet 2/20/2018 8 BUFFALO TURBINE DEBRIS BLOWER  IN ACTION Exhibit A, of the City’s Noise Ordinance, under  paragraph 9.100.210 “Noise Control”, includes a  chart under the heading:  “Land Use Compatibility for Community Noise  Elements.”  This chart shows that:  For land  uses (including)… Golf Courses, noise at the 80‐decibel level is  “Clearly Unacceptable.” 2/20/2018 9 BUT Resolution 2017‐12 EXEMPTS golf courses from that standard, allowing them to  inflict UNLIMITED noise levels between  5:30 a.m. and 8:00 p.m. OTHER ISSUES: •Harmful effects of noise over 90 dB on  humans and wildlife. •Restrictions left in place in other communities,  even those that have imposed the 5:30 a.m.  limit. •Inadequate public notice before passage. •EQUAL PROTECTION of the law under the  Constitution of the United States 2/20/2018 10 Now that you know what is ACTUALLY happening  out there: Please, Please, PLEASE •Rescind the recent amendment to the Noise  Ordinance. •Return to the reasonable 7:a.m. limitation and  80db standard. •Give us back the same level of peace and  safety the City Noise Ordinance provides to  other residents of La Quinta POWER POINTS CITY COUNCIL MEETING FEBRUARY 20, 2018 2/20/2018 1 City Council Meeting February 20, 2018 City Council Meeting February 20, 2018 B2 – Silverrock Event Site Ad Hoc Committee 2/20/2018 2 SIlverRock Event Site Timeline Now - May 2018 Committee Input June/July Presentation to Commissions & Council Early Fall 2018 Council Action Project out to bid Grading, site preparation, and event site build Spring 2020 Park Opens 2/20/2018 3 Committee Scope Affirm vision of project and review conceptual plan Commence community input process and meet with partners Participate in the preliminary design Refine program map to precise drawings Hold meeting with the Community Services Commission and Planning Commission Council Discusion & Action Committee Formation Options 2/20/2018 4 Committee Members City Representatives Council Member (1) Community Services Commissioner (1) Planning Commissioner (1) Programming Partners SilverRock Development Co Montage International La Quinta Arts Foundation CVB GCVCC Goldenvoice Size & Quorum 2/20/2018 5 Next Steps •Establish Committee •Identify how to form •Appoint Council Member •Make additional appointments Questions? 2/20/2018 6 City Council Meeting February 20, 2018 B4 - Approve Purchase and Sale Agreement with Frontier Communications 2/20/2018 7 Frontier Property 2/20/2018 8 City Council Meeting February 20, 2018 B5 - Approve Land Lease and License Agreement with Verizon Wireless Cell Tower Location 2/20/2018 9 Background •$2,500 a month lease rate with a 3% flat increase annually •Tower would increase service options •Two active cell tower leases averaging $2,594 monthly 2/20/2018 10 City Council Meeting February 20, 2018 PH1 – Extend Non-Bedroom Conversions Moratorium Background •Recent building permit applications to convert non- bedroom areas into bedrooms •Non-bedroom conversions may increase residential occupancies beyond intent •45-day moratorium on non-bedroom conversions in residential districts adopted by Council January 16 2/20/2018 11 Defining the Issue •Existing residential development standards allow for non-bedroom conversions •Recent building permits intended to increase bedrooms and occupancy for short-term vacation rentals (STVRs) 2/20/2018 12 Existing Residential Standards •Codes does not limit conversion of non-bedroom spaces into additional bedrooms •Dining or living rooms are not required residential spaces and can be converted •No additional parking required Existing STVR Standards •No limit on non-bedroom conversions or number of bedrooms in a residence •Allows use of maximum 9 bedrooms and 18 overnight occupants regardless of property/ dwelling size •No on-street parking restrictions 2/20/2018 13 Other Short-Term Rental Standards •Parking (Palm Desert, Palm Springs, Indian Wells, Big Bear Lake, Las Vegas) •Bedroom limits (Las Vegas) •Distance/area limits (Palm Desert and Las Vegas) Other Short-Term Rental Standards •Owner occupied vs. investor-owned STVRs (Las Vegas) •Limit number of STVRs per applicant •Casitas/accessory dwelling units (Las Vegas) 2/20/2018 14 Recommended Amendments •Non-bedroom Conversion Limitations •Amend Short Term Vacation Rental Ordinance Requested Action •Extend urgency ordinance for 120 days •Council considers code amendments April 17 2/20/2018 15