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2018 03 06 CCCITY COUNCIL AGENDA 1 MARCH 6, 2018 CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 78-495 Calle Tampico, La Quinta REGULAR MEETING ON TUESDAY, MARCH 6, 2018 3:00 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 LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6; CITY DESIGNATED REPRESENTATIVE: CHRIS ESCOBEDO, DIRECTOR OF COMMUNITY RESOURCES; AND EMPLOYEE ORGANIZATION: LA QUINTA CITY EMPLOYEES ASSOCIATION 2.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 79315 HIGHWAY 111 (APNs: 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 City Council agendas and staff reports are available on the City’s web page: www.LaQuintaCA.gov CITY COUNCIL AGENDA 2 MARCH 6, 2018 RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. REPORT ON ACTIONS(S) TAKEN IN CLOSED SESSION PLEDGE OF ALLEGIANCE PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the City Council on any matter not listed on the agenda. 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 - NONE CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAGE 1. APPROVE MINUTES OF FEBRUARY 20, 2018 7 2. ADOPT A RESOLUTION TO REAFFIRM ADOPTION OF ANNUAL ASSESSMENT FOR COUNTY SERVICE AREA 152 STREET SWEEPING, AUTHORIZE RIVERSIDE COUNTY TO CONTINUE TO LEVY ASSESSMENTS, AND INDEMNIFY AND HOLD THE COUNTY HARMLESS FOR LEVYING ASSESSMENTS ON CITY PARCELS [RESOLUTION NO. 2018-008] 15 3. ADOPT ORDINANCE NO. 568 AT SECOND READING AMENDING TWENTY CHAPTERS AND DELETING THREE CHAPTERS OF TITLE 11 OF THE MUNICIPAL CODE RELATING TO PEACE, MORALS, AND SAFETY REGULATIONS 21 4. APPROVE DEMAND REGISTERS DATED FEBRUARY 16 AND 20, 2018 79 5. AUTHORIZE OVERNIGHT TRAVEL FOR THE COMMUNITY RESOURCES DIRECTOR TO ATTEND THE ENGAGING LOCAL GOVERNMENT LEADERS 2018 CONFERENCE IN GOLDEN, COLORADO, MAY 16-18, 2018 95 6. APPROVE AMENDMENT NO. 1 TO AGREEMENT WITH VIATRON SYSTEMS, INC. FOR DOCUMENT SCANNING AND QUALITY CONTROL SERVICES 97 CITY COUNCIL AGENDA 3 MARCH 6, 2018 BUSINESS SESSION 1. APPROPRIATE FUNDS AND APPROVE AUTO DEALERSHIPS’ IMPROVEMENTS ALONG HIGHWAY 111 FRONTAGE 101 2. APPROVE PURCHASE OF MICROSOFT OFFICE 365 LICENSES WITH INSIGHT PUBLIC SECTOR UNDER THE RIVERSIDE COUNTY MASTER AGREEMENT 113 3. APPROPRIATE FUNDS AND APPROVE EQUIPMENT PURCHASE FROM NATIONAL FITNESS CAMPAIGN FOR A NATIONAL FITNESS COURT AT LA QUINTA PARK 133 STUDY SESSION 1. UPDATE ON PUBLIC SAFETY CAMERA SYSTEM REVIEW 149 2. DISCUSS CONVERSION OF AN ADDITIONAL TENNIS COURT TO FOUR PICKLEBALL COURTS AT FRITZ BURNS PARK 157 3. DISCUSS PROPOSED JOINT POWERS AGREEMENT WITH EAST VALLEY COALITION FOR REGIONAL ECONOMIC DEVELOPMENT 159 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 A RESOLUTION TO VACATE A 2,383-SQUARE-FOOT PORTION OF PALOMA COURT AT CALLE PALOMA [RESOLUTION NO. 2018-009] 183 DEPARTMENTAL REPORTS 1. CITY MANAGER 2. CITY ATTORNEY 3. CITY CLERK 4. COMMUNITY RESOURCES 5. DESIGN AND DEVELOPMENT 6. FACILITIES 7. FINANCE CITY COUNCIL AGENDA 4 MARCH 6, 2018 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. SILVERROCK EVENT SITE AD HOC COMMITTEE (Fitzpatrick) 15. CANNABIS AD HOC COMMITTEE (Peña and Sanchez) 16. CVAG PUBLIC SAFETY COMMITTEE (Peña) 17. EAST VALLEY COALITION (Peña) 18. CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE (Peña) 19. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (Peña) 20. LEAGUE OF CALIFORNIA CITIES – PUBLIC SAFETY POLICY COMMITTEE (Peña) 21. COACHELLA VALLEY ECONOMIC PARTNERSHIP (Radi) 22. CVAG TRANSPORTATION COMMITTEE (Radi) 23. SUNLINE TRANSIT AGENCY (Radi) 24. SECURITY CAMERAS AD HOC COMMITTEE (Radi) 25. DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Radi and Sanchez) 26. ANIMAL CAMPUS COMMISSION (Sanchez) 27. IID ENERGY CONSUMERS’ ADVISORY COMMITTEE (Sanchez) 28. LEAGUE OF CALIFORNIA CITIES/TRANSPORTATION & LABOR POLICY (Sanchez) 29. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION MINUTES DATED JANUARY 10 AND FEBRUARY 14, 2018 195 ADJOURNMENT ********************************* The next regular meeting of the City Council will be held on March 20, 2018 starting at 3:00 p.m. if the agenda calls for a closed session, and at 4:00 p.m. for the open public session at City Hall Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. CITY COUNCIL AGENDA 5 MARCH 6, 2018 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 March 2, 2018. DATED: March 2, 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 CITY COUNCIL MINUTES Page 1 of 7 FEBRUARY 20, 2018 CITY COUNCIL MINUTES TUESDAY, FEBRUARY 20, 2018 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 3:30 p.m. by Mayor Evans. PRESENT: Councilmembers Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans ABSENT: None PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA Councilmember Peña stated that he will recuse himself from discussion and vote on Business Item No. 4 due to a business relationship with Frontier Communications, and on Business Item No. 5 due to the proximity of the cell tower to his property. CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 79315 HIGHWAY 111 (APNS: 600-340-002, 600-020-029, 600-340-003, 600-340- 023, 600-020-028, 600-340-028) CITY NEGOTIATORS: 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 COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:31 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:00 P.M. WITH ALL MEMBERS PRESENT. REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported no actions were taken in Closed Session that required reporting pursuant to Government Code section 54957.1 (Brown Act). PLEDGE OF ALLEGIANCE Councilmember Radi led the audience in the pledge of allegiance. CONSENT CALENDAR ITEM NO. 1 7 CITY COUNCIL MINUTES Page 2 of 7 FEBRUARY 20, 2018 PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Sandra Householder, La Quinta – Ms. Householder spoke about the need for additional school security and appealed to the Council to work with the school district to resolve the obvious problem. PUBLIC SPEAKER: Carlo Cudio, La Quinta – Mr. Cudio spoke about disturbing golf course maintenance noise at 5:30 a.m. resulting from Council adoption of Ordinance 565, and requested that Council rescind Ordinance No. 565 that allows maintenance to begin before 8:00 a.m. PUBLIC SPEAKER: Karen Vielhaber, La Quinta – Ms. Vielhaber requested an update on Old Town La Quinta development plans. Mayor Evans invited Ms. Vielhaber to contact her or any Councilmember for an update. PUBLIC SPEAKER: Sabrina Houston, Indian Wells La Quinta Ironman event Director, and Paul Huddle, Ironman Southwest Regional Director – Ms. Houston and Mr. Huddle showed one-minute video on the first Ironman competition in Hawaii and said the event was celebrating its 40th anniversary this month. They thanked Councilmembers and staff for their hospitality as they organize and prep for the December 9, 2018 Ironman event in La Quinta and Indian Wells. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. INTRODUCE THE CITY’S SHORT-TERM VACATION RENTAL VENDOR LTAS TECHNOLOGIES, INC. (HARMARI) Allen Atamer, CEO and Principal Engineer and Bernie Macnab, Vice President of Sales informed Council of the issues that arise and are addressed by LTAS Technologies regarding short-term vacation rental in La Quinta. CONSENT CALENDAR 1. APPROVE MINUTES OF FEBRUARY 6, 2018 2. ADOPT ORDINANCE NO. 567 AT SECOND READING AMENDING SEVERAL CHAPTERS OF TITLE 10 OF THE LA QUINTA MUNICIPAL CODE RELATING TO ANIMALS 3. ACCEPT PAVEMENT MANAGEMENT PLAN FISCAL YEAR 2016/17 PHASE 3 CITY- WIDE STRIPING (PROJECT NO. 2012-07F) 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 8 CITY COUNCIL MINUTES Page 3 of 7 FEBRUARY 20, 2018 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) 6. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED DECEMBER 31, 2017 7. APPROVE DEMAND REGISTERS DATED FEBRUARY 2 AND 9, 2018 8. RECEIVE AND FILE SECOND QUARTER 2017/18 TREASURY REPORTS FOR OCTOBER, NOVEMBER, AND DECEMBER 2017 9.ADOPT A RESOLUTION TO DESIGNATE SPEED LIMITS FOR JEFFERSON STREET FROM AVENUE 58 TO QUARRY LANE [RESOLUTION NO. 2018-007] MOTION – A motion was made and seconded by Councilmembers Peña/Radi to approve the Consent Calendar as recommended, with Item No. 9 adopting Resolution No. 2018-007. Motion passed unanimously. BUSINESS SESSION 1. APPROVE PILLARS OF THE COMMUNITY NOMINEES Management Assistant Torres presented the staff report, which is on file in the Clerk’s Office. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Peña to approve the Pillars of the Community nominees as recommended by the Community Services Commission. Motion passed unanimously. 2. ESTABLISH SILVERROCK EVENT SITE AD HOC COMMITTEE AND APPOINT A COUNCILMEMBER TO SERVE ON THE COMMITTEE Community Resources Director Chris Escobedo presented the staff report, which is on file in the Clerk’s Office. Council discussed the size and membership of the committee; appointing alternates for all primary member seats; the aggressive timeline set for the project; and means to get maximum community input. MOTION – A motion was made and seconded by Councilmembers Radi/Peña to establish a five-member Ad Hoc Committee to develop a plan for the Silverrock event site for Council’s consideration; appoint Councilmember Fitzpatrick to serve on the committee; appoint Mayor Evans to serve as the Council’s alternate representative; 9 CITY COUNCIL MINUTES Page 4 of 7 FEBRUARY 20, 2018 direct the Planning Commission and the Community Services Commission to each appoint one representative and one alternate; invite one representative of Silverrock Development Company and one from Montage International to serve; and, allow the Committee to expand its membership of stakeholders to a total of nine members. Motion passed unanimously. 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] City Clerk Maysels presented the staff report, which is on file in the Clerk’s Office. Mayor Evans received clarification on several Chapters. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Radi to take up Ordinance No. 568 by title and number only and waive further reading. Motion passed unanimously. City Clerk Maysels read the following title of Ordinance No. 568 into the record: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TWENTY CHAPTERS AND DELETING THREE CHAPTERS OF TITLE 11 OF THE MUNICIPAL CODE RELATING TO PEACE, MORALS, AND SAFETY REGULATIONS MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Radi to introduce at first reading Ordinance No. 568 as recommended. Motion passed unanimously. 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 COUNCILMEMBER PEÑA ANNOUNCED AT THE START OF THE MEETING THAT HE WILL RECUSE HIMSELF ON THIS ITEM DUE TO A POSSIBLE CONFLICT OF INTEREST STEMMING FROM A BUSINESS RELATIONSHIP WITH FRONTIER COMMUNICATIONS. HE LEFT THE DAIS DURING THE DICUSSION AND VOTE ON THIS ITEM. City Manager Spevacek presented the staff report, which is on file in the Clerk’s Office. MOTION – A motion was made and seconded by Councilmembers Radi/Sanchez to adopt Resolution No. 2018-006 as recommended; and to authorize the City Manager to make minor revisions and additions that do not substantively change the business terms, and execute the agreement: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING A PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN 10 CITY COUNCIL MINUTES Page 5 of 7 FEBRUARY 20, 2018 THE CITY OF LA QUINTA AND FRONTIER COMMUNICATIONS, FOR A PORTION OF PROPERTY LOCATED AT 78150 AVENIDA LA FONDA Motion passed: ayes 4, noes 0, absent 1 (Peña) 5. APPROVE LAND LEASE AND LICENSE AGREEMENT WITH VERIZON WIRELESS FOR INSTALLATION OF A CELL TOWER AT FRITZ BURNS PARK COUNCILMEMBER PEÑA ANNOUNCED AT THE START OF THE MEETING THAT HE WILL RECUSE HIMSELF ON THIS ITEM DUE TO A POSSIBLE CONFLICT OF INTEREST STEMMING FROM THE PROXIMITY OF THIS PROPERTY TO A PROPERTY HE OWNS. HE WAS ABSENT FROM THE DAIS DURING THE DICUSSION AND VOTE ON THIS ITEM. City Manager Spevacek presented the staff report, which is on file in the Clerk’s Office. MOTION – A motion was made and seconded by Councilmembers Radi/Fitzpatrick to approve a land lease and license agreement with Verizon Wireless for installation of a cell tower at Fritz Burns Park, and authorize the City Manager to execute the agreement. Motion passed: ayes 4, noes 0, absent 1 (Peña) COUNCILMEMBER PEÑA RETURNED TO THE DAIS FOR THE REMAINDER OF THE MEETING. STUDY SESSION – None PUBLIC HEARINGS 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 CEQA GUIDELINES SECTIONS 15060(C)(2) AND 15061(B)(3) UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Code Compliance Supervisor Meredith, Planning Manager Perez, and Permit Operations Supervisor Sanchez presented the staff report, which is on file in the Clerk’s Office. Council discussed the priority to preserve neighborhoods; community care facilities; and, zero applications received to convert non-bedroom spaces to bedrooms since the moratorium was established. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 5:26 P.M. PUBLIC SPEAKER: None 11 CITY COUNCIL MINUTES Page 6 of 7 FEBRUARY 20, 2018 MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 5:26 p.m. MOTION – A motion was made and seconded by Councilmembers Radi/Fitzpatrick to 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. Motion passed unanimously. MOTION – A motion was made and seconded by Councilmembers Radi/Fitzpatrick to take up Ordinance No. 569 by title and number only and waive further reading. Motion passed unanimously. City Clerk Maysels read the following title of Ordinance No. 569 into the record: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, 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 MOTION – A motion was made and seconded by Councilmembers Radi/Fitzpatrick to adopt immediately, as an Urgency Interim Ordinance, Ordinance No. 569 as recommended. Motion passed unanimously. DEPARTMENTAL REPORTS All reports are on file in the City Clerk’s Office. City Clerk Maysels reminded Council of the special joint meeting of the Council and Planning Commission scheduled for February 27, 2018 at 6:00 p.m. at City Hall. MAYOR’S AND COUNCIL MEMBERS’ ITEMS Councilmember Radi reported on the background and activities of the Safety Camera Ad Hoc Committee. Councilmember Fitzpatrick reported on her visit to Shumway Ranch, a 600-acre property purchased by the Coachella Valley Mountains Conservancy; upcoming La Quinta Arts Festival; pickleball court use; Art on Main event; and, the bicycle rodeo. Mayor Evans observed that the bicycle rodeo was not well attended and due to the great amount of City resources assigned to the event suggested that the event be relinquished to other entities. The Mayor reported that she represented the City at several events including the Palm Springs Air Museum Gala, the Riverside County Fair 12 CITY COUNCIL MINUTES Page 7 of 7 FEBRUARY 20, 2018 and Date Festival, and along with Councilmember Sanchez, the Volunteers in Medicine event. Mayor Evans and Councilmembers requested that staff work to convert another tennis court to a pickleball court due to the high demand. Councilmember Peña reported on the Children’s Discovery Museum event honoring Skip Page. Councilmember Radi announced the upcoming grand opening of the first stretch of CV Link on February 23, 2018. REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2018, Councilmember Fitzpatrick reported on her participation in the following organization meeting:  RIVERSIDE COUNTY TRANSPORTATION COMMISSION La Quinta’s representative for 2018, Councilmember Peña reported on his participation in the following organization meeting:  CVAG PUBLIC SAFETY COMMITTEE  EAST VALLEY COALITION ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Peña/Fitzpatrick to adjourn at 5:43 p.m. Motion passed unanimously. Respectfully submitted, SUSAN MAYSELS, City Clerk City of La Quinta, California 13 14 City of La Quinta CITY COUNCIL MEETING: March 6, 2018 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO REAFFIRM ADOPTION OF ANNUAL ASSESSMENT FOR COUNTY SERVICE AREA 152 STREET SWEEPING, AUTHORIZE RIVERSIDE COUNTY TO CONTINUE TO LEVY ASSESSMENTS, AND INDEMNIFY AND HOLD THE COUNTY HARMLESS FOR LEVYING ASSESSMENTS ON CITY PARCELS RECOMMENDATION Adopt a Resolution to reaffirm adoption of the annual assessment for County Service Area 152 for Fiscal Year 2018/19, authorize Riverside County to continue to levy assessments, and indemnify and hold the County harmless for levying assessments on City parcels. EXECUTIVE SUMMARY The City has an agreement with Riverside County (County) wherein the County assesses properties within the City for the maintenance and operations of street sweeping, flood control, retention basin, and other drainage facilities within the City to improve overall storm water quality. These activities are required under the Clean Water Act and the National Pollutant Discharge Elimination System Program. The Council must annually adopt a resolution authorizing the County to assess City parcels and hold the County harmless for levying the assessments. The per parcel assessment rate will remain unchanged from its original 1997 rate of $9.99 per Benefit Assessment Unit for the Fiscal Year 2018/19. FISCAL IMPACT County Service Area (“CSA”) 152 assessments generate approximately $300,000 per year. These funds are held by the County and are designated for expenditures related to storm water pollution mitigation under the National Pollutant Discharge Elimination System (NPDES) permit. The City may request reimbursement for qualifying expenditures, such as retention basin maintenance, and the revenue is recognized in General Fund (Account No. 101-0000-43633, CSA 152 Assessments). BACKGROUND/ANALYSIS In 1991, the County enacted CSA 152 to provide funding for local jurisdictions to maintain flood control and storm drain facilities. In 1994, the City joined CSA 152, and in 1997 the CONSENT CALENDAR ITEM NO. 2 15 Council approved the Benefit Assessment Unit rate of $9.99. The City/County Agreement is available for review in the Public Works Department. Staff recommends the City’s continued participation in CSA 152 and to authorize the County to levy and collect these assessments for Fiscal Year 2018/19. ALTERNATIVES Staff does not recommend an alternative. Prepared by: Carley Escarrega, Management Assistant Approved by: Bryan McKinney, P.E., City Engineer 16 17 18 19 20 City of La Quinta CITY COUNCIL MEETING: March 6, 2018 STAFF REPORT AGENDA TITLE: ADOPT ORDINANCE NO. 568 AT SECOND READING AMENDING TWENTY CHAPTERS AND DELETING THREE CHAPTERS OF TITLE 11 OF THE MUNICIPAL CODE RELATING TO PEACE, MORALS, AND SAFETY REGULATIONS RECOMMENDATION Adopt Ordinance No. 568, Municipal Code Title 11 revisions. EXECUTIVE SUMMARY On February 20, 2018, Council introduced Ordinance No. 568 on first reading, revising 23 chapters of Title 11 of the Municipal Code (LQMC) relating to peace, morals, and safety. These updates align the LQMC with current State Code, adhere to best practices, consolidate provisions, remove unnecessary detail, provide for flexibility, and update terms. FISCAL IMPACT – None BACKGROUND/ANALYSIS Twenty of the 26 chapters of Title 11 of the LQMC have been amended, three have been deleted, and six are unchanged. The following chapters have been revised: CHAPTER 11.08 DISORDERLY CONDUCT AND TRESPASS CHAPTER 11.13 BINGO PERMITS CHAPTER 11.16 WEAPONS CHAPTER 11.20 EXPLOSIVES CHAPTER 11.24 PARADES CHAPTER 11.44 PARKS AND RECREATION AREAS CHAPTER 11.48 SCHOOL GROUNDS CHAPTER 11.56 CURFEW AND TRUANCY CHAPTER 11.68 CHARITABLE SOLICITATIONS CHAPTER 11.72 PUBLIC NUISANCES CHAPTER 11.73 GRAFFITI CHAPTER 11.76 UNCLAIMED PROPERTY CHAPTER 11.80 VEHICLE CONTROL CHAPTER 11.84 FALSE STATEMENTS AND REPORTS CHAPTER 11.88 REGULATION OF SPECIAL SALE EVENTS CHAPTER 11.96 SKATEBOARDS, BICYCLES, AND ROLLERSKATES CONSENT CALENDAR ITEM NO. 3 21 CHAPTER 11.50 DISTRIBUTION OF SAMPLE MEDICINES TO MINORS PROHIBITED The following chapters have been deleted: CHAPTER 11.04 UNSAFE CONDUCT CHAPTER 11.36 WILDLIFE PROTECTION CHAPTER 11.64 TRESPASS That following chapters remain unchanged: CHAPTER 11.12 GAMBLING CHAPTER 11.52 OFF-ROAD VEHICLES CHAPTER 11.85 RIGHT-OF-WAY OBSTRUCTION CHAPTER 11.90 SECURITY ALARMS CHAPTER 11.92 FIRE ALARMS CHAPTER 11.98 EMERGENCY ACCESS TO GATED COMMUNITIES ALTERNATIVES As Council approved this ordinance at first reading, staff does not recommend an alternative. Prepared by: Susan Maysels, City Clerk Approved by: Frank J. Spevacek, City Manager 22 23 24 25 26 Chapter 11.04 [delete in its entirety] Chapter 11.08 DISORDERLY CONDUCT [AND TRESPASS] 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] 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 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, 27 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. [note: 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. [note: 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 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; 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 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 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. 28 Chapter 11.13 BINGO AND REMOTE-CALLER BINGO PERMITS 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.. B. “City manager” shall mean the city manager or his/her designee. C. “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. E. “State-authorized organization” is defined as meaning (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 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.. (Ord. 10 § 1, 1982) 29 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 state-authorized organizations to conduct bingo games and remote-caller bingo games. (Ord. 10 § 1, 1982) 11.13.035 [delete in its entirety] 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. Appeal fees are 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. 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. 30 11.13.080 Permits—Issuance—Denial. A. The city 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. 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. 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 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. 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 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. 31 F. Notwithstanding that bingo games are open to the public, attendance at any 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. H. 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. I. The permittee shall display the permit in a conspicuous place in the premises where 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. 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. 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: 32 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; 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, 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 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. Any such suspension, revocation or modification shall be effective upon the date the notice is deemed served pursuant to section 1.01.300 of this code. Any such order of suspension, revocation or 33 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. 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 [delete in its entirety] 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 I of Section 11.13.100. 34 Chapter 11.16 WEAPONS 11.16.030 Shooting weapons prohibited. 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.. (Ord. 10 § 1, 1982) 11.16.040 [delete in its entirety] 11.16.050 Exemptions to shooting weapons prohibition. Section 11.16.030 shall not apply to the following persons: 1. Any peace officer, either federal, state, county or municipal, or member of the armed services while acting in the lawful discharge of his/her duties, or engaged in target practice at any range regularly established for such officers, 2. Operators 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 immediate 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. 35 Chapter 11.20 EXPLOSIVES 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. 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 [delete in its entirety] 11.20.030 [delete in its entirety] 11.20.040 [delete in its entirety] 11.20.050 [delete in its entirety] 11.20.060 [delete in its entirety] 11.20.070 [delete in its entirety] 36 11.20.080 [delete in its entirety] 11.20.090 [delete in its entirety] 11.20.100 [delete in its entirety] 11.20.110 [delete in its entirety] 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. 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 [delete in its entirety] 11.20.140 [delete in its entirety] 11.20.150 [delete in its entirety] 11.20.160 [delete in its entirety] 11.20.170 [delete in its entirety] 11.20.180 Liability of city. Supervision of the blasting by 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 liable for any injury to person or damage to property caused by the blasting operation. (Ord. 10 § 1, 1982) 11.20.190 [delete in its entirety] 11.20.200 [delete in its entirety] 11.20.210 [delete in its entirety] 11.20.220 Safe and sane fireworks prohibited. A. Except as provided in La Quinta Municipal Code Section 11.44.060, the 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. 37 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) 38 Chapter 11.24 PARADES 11.24.010 [delete in its entirety] 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. B. Congested Traffic Areas. As used in this chapter, “congested traffic areas” include Highway 111, Washington Street, Calle Tampico, Avenida Bermudas, Eisenhower Drive, and Jefferson Street, since these streets at the present time are the main streets leading into and out of the city and present the gravest traffic congestion problems. C. 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—Criteria. 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 conditions concerning the time 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 necessary for the protection of persons or property and 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 39 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 of any application processing fee as may have been established by resolution of the city council. (Ord. 10 § 1, 1982) 40 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, act thereon as soon as reasonably practicable. (Ord. 10 § 1, 1982) 11.24.070 [delete in its entirety] 11.24.080 Permit—Issuance 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. 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. 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) 41 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) 42 Chapter 11.36 WILDLIFE PROTECTION [DELETE IN ITS ENTIRETY -duplicate of 10.28.110] Chapter 11.44 PARKS AND RECREATION AREAS 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 43 lieu of arresting or citing any violator, in his or her discretion, to eject and expel a violator or repeat 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. 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; 44 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) 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 45 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 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 for such purpose by the city; D. 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 mark or write upon, paint or deface in any manner, any building, monument, fence, bench or other structure; E. 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. ; F. 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; G. Make or kindle a fire except as provided in subsection J; H. 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; I. Bring a portable grill, stove or barbeque into the area; 46 J. Utilize anything other than the city-provided, permanent equipment to cook or barbeque food; K. Leave garbage, cans, bottles, papers or other refuse elsewhere than in receptacles provided therefor; L. 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, 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 wires; M. 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; N. Indulge in riotous, offensive, threatening, or indecent conduct, or abusive, threatening, profane, or indecent language; O. Disturb in any unreasonable manner any picnic, meeting, service, concert, sporting event, exercise or exhibition; P. 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; Q. 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 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; R. 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 5.20; 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; S. 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; T. 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; 47 U. 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; V. 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; W. 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; X. 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 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 disability. 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. 48 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 dawn to ten p.m. G. Dogs must never be left unattended. H. 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. 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. 49 Chapter 11.48 SCHOOL GROUNDS 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) Chapter 11.50 [Note: was in Chapter 5.20] 11.50.010 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. 50 Chapter 11.56 CURFEW AND TRUANCY 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 51 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. 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) 52 Chapter 11.64 TRESPASS [DELETE IN ITS ENTIRETY- combined with Trespass section in 11.08] Chapter 11.68 CHARITABLE SOLICITATIONS 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. C. “City manager” means the city manager or his/her authorized representative or designee. D. “Contribution” includes the words “money,” “property”, “gift” or “donations” of money or property. E. “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. G. “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. The name of any charity, philanthropic or charitable organization is used or referred to in any such appeal as an inducement or reason for making any such sale. 53 c. Any 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 for 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 organization authorize any person to solicit any contribution for any charitable purpose until the city manager 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 notice of intention. At least thirty days prior to the beginning of the solicitation, the applicant shall file with the city manager or his/her designee, on a form, furnished by the citya 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. 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. F. 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 manager 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; 54 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 manager, 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; 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 manager 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) 55 11.68.080 Financial records and reports. No person shall solicit any contributions for or on behalf of any charitable organization unless the organization is maintaining financial records in accordance with Article 1.3 (commencing with Section 17510) of Chapter 1, Part 3, Division 7 of the California Business and Professions Code. 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. 11.68.090 Unattended collection boxes or receptacles. 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) 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 manager 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. 3. Any collection box or similar receptacle in violation of this chapter may be declared a public nuisance. 11.68.100 Private property [Note: moved - delete in its entirety] 11.68.110 Prerequisites to soliciting in the name of a charitable organization. No person shall solicit in the name of or on behalf of any charitable organization unless the solicitor has: A. Written authorization of two officers of the organization, a copy of which shall be filed with the city manager, 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 manager. 56 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, any 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 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. [delete in its entirety – moved to 11.68.080] 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 manager 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 objective determination of the city manager, 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 manager, if the public interest will be served thereby, may investigate the matter of the solicitation and may publish the findings thereon in such manner as to 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 Highway 111, within the city limits, for the purpose of soliciting funds for any charitable institution, or otherwise. (Ord. 10 § 1, 1982) 57 Chapter 11.72 PUBLIC NUISANCES 11.72.010 Definitions. As used in this chapter the following terms shall have the meanings indicated: A. “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” means any lot or lots and the buildings or structures located thereon. C. “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” 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” 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; 58 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; 59 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; 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, 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 2. Such activities constitute emergency repairs, provided that such repairs do not exceed seventy- two hours; 60 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, smoke, or odors, or allows offensive odors to be emitted from offal, garbage or any animal or vegetable matter; CC. Any offensive or unwholesome business or establishment operated in a manner dangerous to the public health, safety and welfare; DD. Marijuana Dispensaries. As used in this chapter, a “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 . EE. 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 or his/her 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 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. (Ord. 160 § 1, 1989) 61 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,” and 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 shall be served in accordance with Section 1.01.300 of this code. D. Time to Abate. Public nuisances shall be abated by the property owner no more than thirty days from the date of service as defined by section 1.01.300 of this code.. If a public nuisance constitutes an immediate fire hazard, the public nuisance shall be abated within five days of service. 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 service the property owner may appeal the determination that a public nuisance exists to the city manager pursuant to chapter 2.08 of this code. The appeal shall be in writing and filed with the city clerk. . 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. 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 designee 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 this chapter, the cost of abatement may be collected as a recorded nuisance abatement lien or may be collected as a special assessment 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 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 62 seven days following the filing of the report on the costs and manner of abating the public nuisance pursuant to Section 11.72.050(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 code. A property owner may pay the assessment to the city clerk prior to the hearing to avoid a lien or special assessment 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 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) 63 Chapter 11.73 GRAFFITI 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 or his/her 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 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,” 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. Service. The notice to abate graffiti shall be served in accordance with 1.01.300. C. 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, pursuant to chapter 2.08 of this code. D. 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 designee 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. 64 E. 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 [delete in its entirety] 11.73.050 Other applicable laws. This chapter is intended to be construed with, and not superseding, Chapter 11.72 of this code. To the extent 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. 65 Chapter 11.76 UNCLAIMED PROPERTY 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”). B. “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. C. “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 [delete in its entirety] 11.76.040 [delete in its entirety] 11.76.050 [delete in its entirety] 11.76.060 [delete in its entirety] 66 11.76.070 [delete in its entirety] 11.76.080 [delete in its entirety] 11.76.090 [delete in its entirety] 11.76.100 [delete in its entirety] 11.76.110 [delete in its entirety] 67 CHAPTER 11.80 VEHICLE CONTROL 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. 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. 68 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. 11.80.030 Exceptions. A. Section 11.80.020 shall not apply to: 69 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 section authorizes the maintenance of a public or private nuisance under this code or any other applicable law. 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 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 code 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. 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; 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. C. Appeal of the Notice of Intention to Abate. 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 request shall be made to the city clerk within ten days of service of 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 which does not require his/her presence. D. City manager hearing. 1. The city manager or his/her authorized representative shall hear all testimony relevant to determine: 70 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 11.72.060. 2. An order requiring abatement and removal shall be issued and sent pursuant to 1.01.300 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. The 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. F. Disposition of Vehicles or Parts. 1. If a request for a city manager hearing, or appeal to the city council, is not received timely after mailing the notice of intention to abate or decision of the city manager, as applicable, the abandoned vehicle 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 abandoned vehicle may be impounded or disposed of as provided in this section. 3. If an appeal is filed, the abandoned vehicle may be impounded or disposed of as provided in this section following the decision of the city council authorizing removal. 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 vehicle 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 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 manager 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 71 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, as it currently exists and may be amended, 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; 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. 72 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. 73 Chapter 11.84 FALSE STATEMENTS AND REPORTS 11.84.010 False 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 o n 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 circumst ances. 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 repo rter for the subsequent response costs by mail by sending a written citation. Payment of the fees shall be due within 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 subse quent city response to a false complaint or report shall constitute a debt of the false reporter in favor of the cityand 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. 74 Chapter 11.88 REGULATION OF SPECIAL SALE EVENTS 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 four special sales events may be held at any residence in any calendar 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 person or entity which has governing authority over the property on which the special sales event will occur. 75 Chapter 11.96 SKATEBOARDS, BICYCLES AND OTHER WHEELED RECREATIONAL DEVISES 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 in commercial districts. 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, 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 Prohibitions 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 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. The city property where such activities are prohibited shall include, but are not limited to, the Civic Center Campus and all city buildings. 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, 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 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 recreational wheeled devices within a skateboarding park area shall be at the risk of the person using the device. 2. No person under the age of twelve shall use the skateboarding park area unless supervised by a parent or guardian at least eighteen 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 activity 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. 76 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. 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 impacts 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 manager. 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, a 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. 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. 77 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. 78 City of La Quinta CITY COUNCIL MEETING: March 6, 2018 STAFF REPORT AGENDA TITLE: APPROVE DEMAND REGISTERS DATED FEBRUARY 16 AND 20, 2018 RECOMMENDATION Approve demand registers dated February 16 and 20, 2018. EXECUTIVE SUMMARY None FISCAL IMPACT Demand of Cash: City 5,647,001.63$ Successor Agency of RDA 3,000.00$ Housing Authority -$ 5,650,001.63$ BACKGROUND/ANALYSIS Between Council meetings, routine bills and payroll must be paid. Attachment 1 details the weekly demand registers dated February 16 and 20, 2018. Warrants Issued: 117682-117766 435,510.97$ 117767-117783 23,951.02$ Voids (3,840.65)$ Wire Transfers 4,801,364.16$ Payroll Tax transfers 35,690.10$ Payroll Direct Deposit 357,326.03$ 5,650,001.63$ The Voids were ten checks over one year old. They were voided pursuant to city policy. CONSENT CALENDAR ITEM NO. 4 79 The most significant expenditures on the demand register are: Account Name Amount NFP Property & Casualty EarthQuake Insurance 101,858.40$ Earthquake Insurance Services Inc Cal-Stripe Inc Construction 90,435.73$ Citywide Striping JNS Media Specialists Marketing & Tourism 42,316.17$ Print & Digital Marketing Services Enterprise FM Trust Vehicle Repair &15,711.67$ City Vehicles Leases Maintenance & Maintenenance OMNI-MEANS Design 13,556.19$ La Quinta Village Road Diet Design PurposeVendor Wire Transfers: Six transfers totaled $4,801,364.16. Of this amount, $36,033.83 was for CalPERS, $172,186.61 for LandMark Golf and $4,586,041.21 for debt service payment. (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 2/27/2018 6:01:54 PM Page 1 of 7 Demand Register City of La Quinta, CA Packet: APPKT01495 - DA 02/16/18 AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 101 - GENERAL FUND 500.00Grants & Economic Developm…02/14/18- GRANT FUNDING117682ACCELERATED CHILDRENS ED…101-3001-60510 125.23Printing01/25/18- ACA FORMS 2017117684ALTEC 101-1006-60410 2,500.00Grants & Economic Developm…02/14/18- GRANT FUNDING117685ALZHEIMER'S ASSOCIATION, C…101-3001-60510 4,857.33Retention Payable02/2018- QUARTERLY RETENTION 3 OF 4117686AMERICAN FENCE COMPANY, …101-0000-20600 80.00Blood/Alcohol Testing12/31/17- BLOOD ANALYSIS117687AMERICAN FORENSIC NURSES …101-2001-60174 179.97Maintenance/Services01/18-02/01/18- WC JANITORIAL SUPPLIES117688AMERIPRIDE SERVICES INC 101-3008-60691 252.00Instructors02/08/18- PILATES117690BERETTO, LUCILLA 101-3002-60107 83.40Blood/Alcohol Testing01/15/18- BLOOD ANALYSIS117691BIO-TOX LABORATORIES 101-2001-60174 1,237.00Blood/Alcohol Testing01/15/18- BLOOD ANALYSIS117691BIO-TOX LABORATORIES 101-2001-60174 10,000.00Boys & Girls ClubJOINT USE OF FACILITIES AND SERVICES A…117692BOYS & GIRLS CLUB OF COACH…101-3001-60135 25.00Wellness Center Leisure Enric…02/06/18- CLASS REFUND117693BRADLEY, EILEEN 101-0000-42214 294.11Utilities - Water02/12/18- WATER SERVICE117697COACHELLA VALLEY WATER DI…101-2002-61200 144.94Utilities - Water -Monticello Pa…02/12/18- WATER SERVICE117697COACHELLA VALLEY WATER DI…101-3005-61201 93.76Utilities - Water -Fritz Burns pa…02/12/18- WATER SERVICE117697COACHELLA VALLEY WATER DI…101-3005-61204 481.13Utilities - Water -Pioneer Park02/12/18- WATER SERVICE117697COACHELLA VALLEY WATER DI…101-3005-61207 18.28Utilities - Water -Seasons Park02/12/18- WATER SERVICE117697COACHELLA VALLEY WATER DI…101-3005-61208 85.93Utilities - Water02/12/18- WATER SERVICE117697COACHELLA VALLEY WATER DI…101-3008-61200 385.88Utilities - Water02/14/18- WATER SERVICE117697COACHELLA VALLEY WATER DI…101-2002-61200 186.84Utilities - Water -Community P…02/14/18- WATER SERVICE117697COACHELLA VALLEY WATER DI…101-3005-61209 108.77Utilities - Water -Desert Pride02/12/18- WATER SERVICE117697COACHELLA VALLEY WATER DI…101-3005-61206 36.06PM 10 - Dust Control02/12/18- WATER SERVICE117697COACHELLA VALLEY WATER DI…101-7006-60146 165.17Utilities - Water02/14/18- WATER SERVICE117697COACHELLA VALLEY WATER DI…101-2002-61200 43.66Utilities - Water -Eisenhower P…02/14/18- WATER SERVICE117697COACHELLA VALLEY WATER DI…101-3005-61203 35.74Utilities - Water -Velasco Park02/14/18- WATER SERVICE117697COACHELLA VALLEY WATER DI…101-3005-61205 467.60Instructors02/08/18- SUN STYLE TAI CHI117698COHEN, ANN MARIE 101-3002-60107 2,125.00Professional Services02/07/18- TEAM BUILDING - CODE117700CPS HR CONSULTING 101-1004-60103 2,125.00Professional Services02/07/18- STRATEGIC PLANNING - CODE117700CPS HR CONSULTING 101-1004-60103 687.50Citywide Conf Room Supplies02/06/18- CITYWIDE COFFEE SUPPLIES117701DAIOHS FIRST CHOICE SERVICES 101-1007-60403 13,542.60Animal Shelter Contract Service12/2017- ANIMAL SHELTER SERVICES117702DEPARTMENT OF ANIMAL SER…101-6004-60197 1,574.15SMIP Fees Payable10/2017-12/2017- SEISMIC HAZARD MAPP…117703DEPARTMENT OF CONSERVAT…101-0000-20308 -78.71SMIP Fees10/2017-12/2017- SEISMIC HAZARD MAPP…117703DEPARTMENT OF CONSERVAT…101-0000-42610 210.00Blood/Alcohol Testing01/19/18- BLOOD ANALYSIS117704DEPARTMENT OF JUSTICE 101-2001-60174 1,100.00Sexual Assault Exam Fees12/05/17- EXAM FEES LA173400036117706EISENHOWER MEDICAL CENTER 101-2001-60193 35.00State Unemployment Insurance12/31/2017- 4TH QTR SUI PAYMENT117707EMPLOYMENT DEVELOPMENT…101-1004-50244 5,000.00Grants & Economic Developm…02/14/18- GRANT FUNDING117709FAMILY YMCA OF THE DESERT 101-3001-60510 1,842.00Fire Plan Review Deposits02/14/18- FIRE INSP RFND FSS2017-0040,…117710FIRE SPRINKLER SYSTEMS, INC 101-0000-22811 -754.00Fire Plan Review Fee02/14/18- FIRE INSP RFND FSS2017-0040,…117710FIRE SPRINKLER SYSTEMS, INC 101-0000-42420 43.25Utilities - Telephone02/2018- LQ PARK PHONE117712FRONTIER COMMUNICATIONS…101-3005-61300 34.90Utilities - Telephone01/28-02/27/18- SPORTS COMPLEX PHONE117712FRONTIER COMMUNICATIONS…101-3005-61300 81.00Utilities - Gas12/27/17-01/25/18- FS#93 GAS SVC117713GAS COMPANY, THE 101-2002-61100 176.24Materials/Supplies01/26/18- CITY WIDE HAND SANITIZER117714GRAINGER 101-3008-60431 1,522.49Tools/Equipment02/05/18- TRASH PUMP117715HD SUPPLY CONSTRUCTION S…101-7003-60432 4,606.25Professional ServicesCONSULTING SVCS FOR EMP LDRSHP & T…117716HENSON CONSULTING GROUP 101-1004-60103 2,083.66Community Experiences11/21/2017- BREW IN LQ LIGHTING117717HERC RENTALS INC 101-3003-60149 58.66Maintenance/Services01/02-01/26/18- FS#93 ALARM BATTERY117718HOME DEPOT CREDIT SERVICES 101-2002-60691 42.02Supplies-Graffiti and Vandalism01/02-01/26/18- GRAFFITI REMOVAL SPO…117718HOME DEPOT CREDIT SERVICES 101-3005-60423 30.07Materials/Supplies01/02-01/26/18- PLANT MATERIAL ADAMS…117718HOME DEPOT CREDIT SERVICES 101-3005-60431 37.51Materials/Supplies01/02-01/26/18- LQ PARK PAINT117718HOME DEPOT CREDIT SERVICES 101-3005-60431 100.15Tools/Equipment01/02-01/26/18- TOOLS117718HOME DEPOT CREDIT SERVICES 101-3005-60432 162.90Tools/Equipment01/02-01/26/18- GRIDING JOINT TOOLS117718HOME DEPOT CREDIT SERVICES 101-3005-60432 45.89Materials/Supplies01/02-01/26/18- SPORTS COMPLEX MATE…117718HOME DEPOT CREDIT SERVICES 101-3008-60431 106.63Materials/Supplies01/02-01/26/18- ICEMAKER WATER SUPP…117718HOME DEPOT CREDIT SERVICES 101-3008-60431 129.24Materials/Supplies01/02-01/26/18- MICROWAVE117718HOME DEPOT CREDIT SERVICES 101-3008-60431 Attachment 1 81 Demand Register Packet: APPKT01495 - DA 02/16/18 2/27/2018 6:01:54 PM Page 2 of 7 AmountVendor Name Payment Number Description (Item)Account Name Account Number 26.23Materials/Supplies01/02-01/26/18- COMBO LOCK117718HOME DEPOT CREDIT SERVICES 101-3008-60431 49.85Materials/Supplies01/02-01/26/18- LA QUINTA PARK BARREL…117718HOME DEPOT CREDIT SERVICES 101-3008-60431 24.65Materials/Supplies01/02-01/26/18- SPORTS COMPLEX MATE…117718HOME DEPOT CREDIT SERVICES 101-3008-60431 191.39Tools/Equipment01/02-01/26/18- 20V JIGSAW117718HOME DEPOT CREDIT SERVICES 101-3008-60432 15.19Tools/Equipment01/02-01/26/18- MATERIALS117718HOME DEPOT CREDIT SERVICES 101-7003-60432 815.31Sheriff - Other01/26/18- MOTORCYCLE SERVICE117719HONDA YAMAHA OF REDLAN…101-2001-60176 614.00Fire Plan Review Deposits02/12/18- FIRE INSP RFND FSS2017-006117722INNOVATIVE FIRE PROTECTION 101-0000-22811 -312.00Fire Plan Review Fee02/12/18- FIRE INSP RFND FSS2017-006117722INNOVATIVE FIRE PROTECTION 101-0000-42420 78.25Recruiting/Pre-Employment01/2018- PRE-EMP BACKROUND117723IRC INC 101-1004-60129 614.00Fire Plan Review Deposits02/12/18- FIRE INSP RFND FSS2017-0025117724JC FIRE PROTECTION 101-0000-22811 -260.00Fire Plan Review Fee02/12/18- FIRE INSP RFND FSS2017-0025117724JC FIRE PROTECTION 101-0000-42420 40,316.17Marketing & Tourism Promoti…FY 17/18 PRINT & DIGITAL MARKETING SE…117725JNS MEDIA SPECIALISTS 101-3007-60461 2,000.00Marketing & Tourism Promoti…01/31/18- PLANNING DESIGN PHOTOS117725JNS MEDIA SPECIALISTS 101-3007-60461 345.60Instructors02/08/18- PERSONAL TRAINER117726KEPLER, KRISTOFFER 101-3002-60107 50.00Travel & Training02/12/18- APWA LUNCH MEETING REIMB117728MCKINNEY, BRYAN 101-7002-60320 273.00Instructors02/08/18- TAI CHI CHUAN117729MEDEIROS, JOYCELEEN 101-3002-60107 80.00Instructors02/06/18- LA QUINTA VOICES117730MEEDS, WAYNE 101-3002-60107 145.00Membership Dues03/04/18- MEMBERSHIP DUES117732NATIONAL COUNCIL ON AGING 101-3002-60351 80.48Operating Supplies02/02/18- BUSINESS CARDS - MENDOZA117734OFFICE DEPOT 101-6006-60420 363.31Forms01/31/2018- 8 1/2X11 COPY PAPER117734OFFICE DEPOT 101-1007-60402 13.04Office Supplies02/02/18- OFFICE SUPPLIES117734OFFICE DEPOT 101-1005-60400 80.48Operating Supplies01/29/18- BUSINESS CARDS - DORAN117734OFFICE DEPOT 101-3002-60420 80.48Printing01/29/18- BUSINESS CARDS -DUCHENE117734OFFICE DEPOT 101-6004-60410 2,375.00Travel & Training02/14/18- LEAGUE CONF REIMB117736PEREZ, GABRIEL 101-6002-60320 8,086.40ConsultantsPROFESSIONAL INSPECTION SERVICES117737PSOMAS INC 101-7006-60104 875.00Map/Plan CheckingON-CALL MAP CHECKING SERVICES117738RASA/ERIC NELSON 101-7002-60183 580.00Map/Plan CheckingON-CALL MAP CHECKING SERVICES117738RASA/ERIC NELSON 101-7002-60183 290.00Map/Plan CheckingON-CALL MAP CHECKING SERVICES117738RASA/ERIC NELSON 101-7002-60183 1,000.00Advertising02/06/18- CV BUSINESS CONF SILVER SPO…117740RIVERSIDE COUNTY EDA 101-3007-60450 787.96Sheriff - Other12/2017- RADIOS117741RIVERSIDE COUNTY INFORMAT…101-2001-60176 1,250.20Instructors02/08/18- TAEKWONDO117742ROJAS, MIGUEL ANGEL 101-3002-60107 312.00Attorney12/2017- 798716 DUNE PALMS PROJECT R…117743RUTAN & TUCKER 101-1003-60153 535.50Instructors02/08/18- WATERCOLOR117744RYAN, JOAN FRANCIS 101-3002-60107 180.60Instructors02/08/18- ZUMBA117745SALCEDO, KATHLEEN KENNEDY 101-3002-60107 490.00Instructors02/08/18- BALLROOM DANCING117746SHIRY, TERESA 101-3002-60107 224.00Instructors02/08/18- PERSONAL TRAINER117748SNYDER, JANICE 101-3002-60107 435.00Maintenance/Services01/26/18- SPORTS COMPLEX CONDENSOR…117749SOUTHLAND APLIANCE SERVICE 101-3008-60691 408.00Instructors02/08/18- MS EXCEL 1117751SPARKMAN, STANLEY KEITH 101-3002-60107 36.04LQ Police Volunteers01/26/18- GATED COMMUNITIES SUPPLIES117752STAPLES ADVANTAGE 101-2001-60109 76.10Printing02/01/18- W-2 FORMS117752STAPLES ADVANTAGE 101-1006-60410 30.52Office Supplies01/30/18- OFFICE SUPPLIES117752STAPLES ADVANTAGE 101-1005-60400 212.16Office Supplies01/31/18- OFFICE SUPPLIES117752STAPLES ADVANTAGE 101-3001-60400 313.16Forms02/03/18- PLOTTER INK117752STAPLES ADVANTAGE 101-1007-60402 500.00Grants & Economic Developm…02/14/18- GRANT FUNDING117753STEM-ING CAREERS 101-3001-60510 3.16Utilities - Cable02/05-03/04/18- FS#32 CABLE117754TIME WARNER CABLE 101-2002-61400 18,457.50Contract Traffic EngineerTRAFFIC ENGINEER SERVICES117758TRAFFEX ENGINEERS INC 101-7006-60144 240.10Instructors02/08/18- SUNSET YOGA117759TRUE, ARTHUR ALLEN 101-3002-60107 9,147.11Professional ServicesDOCUMENT SCANNING & QUALITY CONT…117763VIATRON SYSTEMS INC 101-1005-60103 1,471.54Instructors02/08/18- CHAIR YOGA117764VIELHARBER, KAREN 101-3002-60107 255.00Sheriff - Other11/25/17- TOWING LA173270038117766WOOD, RUSSELL DAVID 101-2001-60176 Fund 101 - GENERAL FUND Total:153,313.68 Fund: 201 - GAS TAX FUND 30.25Materials/Supplies01/02-01/26/18- MATERIALS117718HOME DEPOT CREDIT SERVICES 201-7003-60431 114.12Materials/Supplies01/02-01/26/18- MATERIALS117718HOME DEPOT CREDIT SERVICES 201-7003-60431 54.82Paint/Legends01/02-01/26/18- PAINT LEGENDS117718HOME DEPOT CREDIT SERVICES 201-7003-60433 299.35Storm Drains02/07/18- STORM DRAIN PUMP REPAIR117731MOWERS PLUS INC 201-7003-60672 250.13Traffic Control Signs01/31/18- DRIVE RIVET117756TOPS'N BARRICADES INC 201-7003-60429 499.71Traffic Control Signs01/31/18- SIGN POSTS117756TOPS'N BARRICADES INC 201-7003-60429 125.06Traffic Control Signs01/31/18- DRIVE RIVET117756TOPS'N BARRICADES INC 201-7003-60429 41.11Traffic Control Signs02/05/18- YELLOW HI MARK SIGN117756TOPS'N BARRICADES INC 201-7003-60429 82 Demand Register Packet: APPKT01495 - DA 02/16/18 2/27/2018 6:01:54 PM Page 3 of 7 AmountVendor Name Payment Number Description (Item)Account Name Account Number 42.20Traffic Control Signs02/18/18- KEEP RIGHT ARROW117756TOPS'N BARRICADES INC 201-7003-60429 346.64Traffic Control Signs02/08/18- SIGN AND POST117756TOPS'N BARRICADES INC 201-7003-60429 319.73Traffic Control Signs02/08/18- SIGN AND POST117756TOPS'N BARRICADES INC 201-7003-60429 479.59Traffic Control Signs02/08/18- SIGN AND POST117756TOPS'N BARRICADES INC 201-7003-60429 46.30Materials/Supplies02/01/18- DIG ALERT 23117760UNDERGROUND SERVICE ALERT 201-7003-60431 Fund 201 - GAS TAX FUND Total:2,649.01 Fund: 202 - LIBRARY & MUSEUM FUND 90.48Landscape Improvements01/19/18- LIBRARY TREES117695CALIFORNIA DESERT NURSERT,…202-3004-60113 135.24Utilities - Water02/12/18- WATER SERVICE117697COACHELLA VALLEY WATER DI…202-3006-61200 104.32Maintenance/Services01/02-01/26/18- GARBAGE DISPOSAL LIB…117718HOME DEPOT CREDIT SERVICES 202-3004-60691 43.65Operating Supplies01/02-01/26/18- MUSEUM MATERIALS117718HOME DEPOT CREDIT SERVICES 202-3006-60420 685.52Landscape Improvements01/29/18- LIBRARY DG MATERIAL117750SOUTHWEST BOULDER & STO…202-3004-60113 Fund 202 - LIBRARY & MUSEUM FUND Total:1,059.21 Fund: 215 - LIGHTING & LANDSCAPING FUND 34.42Utilities - Water - Medians02/05/18- WATER SERVICE117697COACHELLA VALLEY WATER DI…215-7004-61211 2,135.67Utilities - Water - Medians02/12/18- WATER SERVICE117697COACHELLA VALLEY WATER DI…215-7004-61211 2,872.82Utilities - Water - Medians02/14/18- WATER SERVICE117697COACHELLA VALLEY WATER DI…215-7004-61211 125.88Operating Supplies01/02-01/26/18- MOISTURE CONTROL PO…117718HOME DEPOT CREDIT SERVICES 215-7004-60420 35.65Supplies-Graffiti and Vandalism01/02-01/26/18- GRAFFITI REMOVAL117718HOME DEPOT CREDIT SERVICES 215-7004-60423 26.50Supplies-Graffiti and Vandalism01/02-01/26/18- GRAFFITI REMOVAL117718HOME DEPOT CREDIT SERVICES 215-7004-60423 -18.80Supplies-Graffiti and Vandalism01/02-01/26/18- GRAFFITI REMOVAL CRE…117718HOME DEPOT CREDIT SERVICES 215-7004-60423 93.06Supplies-Graffiti and Vandalism01/02-01/26/18- GRAFFITI REMOVAL117718HOME DEPOT CREDIT SERVICES 215-7004-60423 20.14Supplies-Graffiti and Vandalism01/02-01/26/18- GRAFFITI MATERIALS117718HOME DEPOT CREDIT SERVICES 215-7004-60423 76.53Supplies-Graffiti and Vandalism01/02-01/26/18- GRAFFITI REMOVAL117718HOME DEPOT CREDIT SERVICES 215-7004-60423 84.29Materials/Supplies01/02-01/26/18- ELECTRICAL MATERIALS117718HOME DEPOT CREDIT SERVICES 215-7004-60431 182.16Materials/Supplies01/02-01/26/18- MATERIALS117718HOME DEPOT CREDIT SERVICES 215-7004-60431 29.05Materials/Supplies01/02-01/26/18- MATERIALS117718HOME DEPOT CREDIT SERVICES 215-7004-60431 13.52Utilities - Electric - Medians02/18/18- ELECTRICITY SERVICE117721IMPERIAL IRRIGATION DIST 215-7004-61117 183.12Utilities - Electric02/12/18- ELECTRICITY SERVICE117721IMPERIAL IRRIGATION DIST 215-7004-61116 25.03Utilities - Electric - Medians02/12/18- ELECTRICITY SERVICE117721IMPERIAL IRRIGATION DIST 215-7004-61117 310.69Utilities - Electric02/14/18- ELECTRICITY SERVICE117721IMPERIAL IRRIGATION DIST 215-7004-61116 12.34Utilities - Electric - Medians02/14/18- ELECTRICITY SERVICE117721IMPERIAL IRRIGATION DIST 215-7004-61117 700.00Supplies-Graffiti and Vandalism02/06/18- LIGHT REPAIR DESERT CLUB117727KRIBBS, BRUCE 215-7004-60423 100.00Maintenance/Services02/06/18- ELECTRICAL LIGHTING117727KRIBBS, BRUCE 215-7004-60691 3,700.00Maintenance/Services02/16/18- ELECTRICAL LIGHTING REPAIRS117727KRIBBS, BRUCE 215-7004-60691 300.00Maintenance/Services02/06/18- CONCRETE J BOX117727KRIBBS, BRUCE 215-7004-60691 45.85Materials/Supplies01/17/18- IRRIGATION MATERIAL117747SMITH PIPE & SUPPLY CO 215-7004-60431 1,013.28Operating Supplies01/28/18- 5 GAL. PLANTS117765VINTAGE ASSOCIATES 215-7004-60420 Fund 215 - LIGHTING & LANDSCAPING FUND Total:12,101.20 Fund: 237 - SUCCESSOR AGCY PA 1 ADMIN 3,000.00Consultants12/22/17- 2016 BOND TRUSTEE FEES117761US BANK 237-9001-60104 Fund 237 - SUCCESSOR AGCY PA 1 ADMIN Total:3,000.00 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS 7,689.65DesignHSIP INTERCONNECT IMPROVEMENTS PRJ…117683ADVANTEC CONSULTING ENG…401-0000-60185 -4,759.78Retention PayablePO# 1718-106 RETENTION 2012-07F117694CAL STRIPE INC 401-0000-20600 95,195.51ConstructionPMP FY 2016/2017 PHASE 3, CITY-WIDE S…117694CAL STRIPE INC 401-0000-60188 13,556.19DesignOMNI-MEANS VILLAGE COMPLETE STREETS117735OMNI-MEANS 401-0000-60185 252.00TechnicalINSPECTION SVCS117737PSOMAS INC 401-0000-60108 252.00TechnicalPROFESSIONAL SVC117737PSOMAS INC 401-0000-60108 8,265.60TechnicalPROFESSIONAL SVCS117737PSOMAS INC 401-0000-60108 2,128.00TechnicalPROFESSIONAL INSPECTION SERVICES117737PSOMAS INC 401-0000-60108 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:122,579.17 Fund: 501 - FACILITY & FLEET REPLACEMENT 15.96Parts & Maintenance Supplies11/27/17- MOTOR OIL117689AUTOZONE 501-0000-60675 17.38Parts & Maintenance Supplies12/07/17- BRAKE FLUID/ANTIFREEZE117689AUTOZONE 501-0000-60675 11.84Parts & Maintenance Supplies12/11/17- MOTOR OIL117689AUTOZONE 501-0000-60675 15,711.67Vehicle Repair & Maintenance02/2018- FLEET LEASE117708ENTERPRISE FM TRUST 501-0000-60676 800.78Vehicle Repair & Maintenance01/31/18- 310 BACKHOE117739RDO EQUIPMENT CO 501-0000-60676 390.41Vehicle Repair & Maintenance02/18/18- VEHICLE LOGOS117755TOP OF THE LINE SIGNS 501-0000-60676 83 Demand Register Packet: APPKT01495 - DA 02/16/18 2/27/2018 6:01:54 PM Page 4 of 7 AmountVendor Name Payment Number Description (Item)Account Name Account Number 1,614.92Fuel & Oil01/16-01/31/18- UNLEAD/DIESEL FUEL117757TOWER ENERGY GROUP 501-0000-60674 Fund 501 - FACILITY & FLEET REPLACEMENT Total:18,562.96 Fund: 502 - INFORMATION TECHNOLOGY 1,330.49Computers02/06/18- WIN PRO 10117696CDW GOVERNMENT INC 502-0000-80103 13,050.00ConsultantsFY 17/18 RIM MGMT INFORMATION TEC…117699CONVERGEONE, INC 502-0000-60104 1,295.00Maintenance Agreements02/04/18- LARGE SCANNER WARRANTY117705ECS IMAGING INC 502-0000-60300 800.00Consultants01/2018- VIDEO STREAMING SERVICES117711FISHER INTEGRATED INC 502-0000-60104 45.65Operating Supplies01/31/18- OFFICE SUPPLIES117752STAPLES ADVANTAGE 502-0000-60420 1,560.00Utilities - Cable02/10-03/09/18- CITY HALL FIBER117754TIME WARNER CABLE 502-0000-61400 44.28Technical12/11/17-01/10/18- LQPD WIRELESS117762VERIZON WIRELESS 502-0000-60108 Fund 502 - INFORMATION TECHNOLOGY Total:18,125.42 Fund: 504 - INSURANCE FUND 101,858.40Earthquake Insurance02/07/18-02/07/2019- EARTHQUAKE INS…117733NFP PROPERTY & CASUALTY S…504-1010-60447 Fund 504 - INSURANCE FUND Total:101,858.40 Fund: 601 - SILVERROCK RESORT 2,261.92Travel & Training02/03-02/07/18- GOLF INDUSTRY ANNUAL…117720HOWLETT, STEVE 601-0000-60320 Fund 601 - SILVERROCK RESORT Total:2,261.92 Grand Total:435,510.97 84 Demand Register Packet: APPKT01495 - DA 02/16/18 2/27/2018 6:01:54 PM Page 5 of 7 Fund Summary Fund Expense Amount 101 - GENERAL FUND 153,313.68 201 - GAS TAX FUND 2,649.01 202 - LIBRARY & MUSEUM FUND 1,059.21 215 - LIGHTING & LANDSCAPING FUND 12,101.20 237 - SUCCESSOR AGCY PA 1 ADMIN 3,000.00 401 - CAPITAL IMPROVEMENT PROGRAMS 122,579.17 501 - FACILITY & FLEET REPLACEMENT 18,562.96 502 - INFORMATION TECHNOLOGY 18,125.42 504 - INSURANCE FUND 101,858.40 601 - SILVERROCK RESORT 2,261.92 Grand Total:435,510.97 Account Summary Account Number Account Name Expense Amount 101-0000-20308 SMIP Fees Payable 1,574.15 101-0000-20600 Retention Payable 4,857.33 101-0000-22811 Fire Plan Review Deposits 3,070.00 101-0000-42214 Wellness Center Leisure E…25.00 101-0000-42420 Fire Plan Review Fee -1,326.00 101-0000-42610 SMIP Fees -78.71 101-1003-60153 Attorney 312.00 101-1004-50244 State Unemployment Insu…35.00 101-1004-60103 Professional Services 8,856.25 101-1004-60129 Recruiting/Pre-Employme…78.25 101-1005-60103 Professional Services 9,147.11 101-1005-60400 Office Supplies 43.56 101-1006-60410 Printing 201.33 101-1007-60402 Forms 676.47 101-1007-60403 Citywide Conf Room Suppl…687.50 101-2001-60109 LQ Police Volunteers 36.04 101-2001-60174 Blood/Alcohol Testing 1,610.40 101-2001-60176 Sheriff - Other 1,858.27 101-2001-60193 Sexual Assault Exam Fees 1,100.00 101-2002-60691 Maintenance/Services 58.66 101-2002-61100 Utilities - Gas 81.00 101-2002-61200 Utilities - Water 845.16 101-2002-61400 Utilities - Cable 3.16 101-3001-60135 Boys & Girls Club 10,000.00 101-3001-60400 Office Supplies 212.16 101-3001-60510 Grants & Economic Devel…8,500.00 101-3002-60107 Instructors 6,218.14 101-3002-60351 Membership Dues 145.00 101-3002-60420 Operating Supplies 80.48 101-3003-60149 Community Experiences 2,083.66 101-3005-60423 Supplies-Graffiti and Van…42.02 101-3005-60431 Materials/Supplies 67.58 101-3005-60432 Tools/Equipment 263.05 101-3005-61201 Utilities - Water -Monticel…144.94 101-3005-61203 Utilities - Water -Eisenho…43.66 101-3005-61204 Utilities - Water -Fritz Bur…93.76 101-3005-61205 Utilities - Water -Velasco …35.74 101-3005-61206 Utilities - Water -Desert Pr…108.77 101-3005-61207 Utilities - Water -Pioneer …481.13 101-3005-61208 Utilities - Water -Seasons …18.28 101-3005-61209 Utilities - Water -Commun…186.84 101-3005-61300 Utilities - Telephone 78.15 101-3007-60450 Advertising 1,000.00 101-3007-60461 Marketing & Tourism Pro…42,316.17 101-3008-60431 Materials/Supplies 558.73 85 Demand Register Packet: APPKT01495 - DA 02/16/18 2/27/2018 6:01:54 PM Page 6 of 7 Account Summary Account Number Account Name Expense Amount 101-3008-60432 Tools/Equipment 191.39 101-3008-60691 Maintenance/Services 614.97 101-3008-61200 Utilities - Water 85.93 101-6002-60320 Travel & Training 2,375.00 101-6004-60197 Animal Shelter Contract S…13,542.60 101-6004-60410 Printing 80.48 101-6006-60420 Operating Supplies 80.48 101-7002-60183 Map/Plan Checking 1,745.00 101-7002-60320 Travel & Training 50.00 101-7003-60432 Tools/Equipment 1,537.68 101-7006-60104 Consultants 8,086.40 101-7006-60144 Contract Traffic Engineer 18,457.50 101-7006-60146 PM 10 - Dust Control 36.06 201-7003-60429 Traffic Control Signs 2,104.17 201-7003-60431 Materials/Supplies 190.67 201-7003-60433 Paint/Legends 54.82 201-7003-60672 Storm Drains 299.35 202-3004-60113 Landscape Improvements 776.00 202-3004-60691 Maintenance/Services 104.32 202-3006-60420 Operating Supplies 43.65 202-3006-61200 Utilities - Water 135.24 215-7004-60420 Operating Supplies 1,139.16 215-7004-60423 Supplies-Graffiti and Van…933.08 215-7004-60431 Materials/Supplies 341.35 215-7004-60691 Maintenance/Services 4,100.00 215-7004-61116 Utilities - Electric 493.81 215-7004-61117 Utilities - Electric - Media…50.89 215-7004-61211 Utilities - Water - Medians 5,042.91 237-9001-60104 Consultants 3,000.00 401-0000-20600 Retention Payable -4,759.78 401-0000-60108 Technical 10,897.60 401-0000-60185 Design 21,245.84 401-0000-60188 Construction 95,195.51 501-0000-60674 Fuel & Oil 1,614.92 501-0000-60675 Parts & Maintenance Supp…45.18 501-0000-60676 Vehicle Repair & Mainte…16,902.86 502-0000-60104 Consultants 13,850.00 502-0000-60108 Technical 44.28 502-0000-60300 Maintenance Agreements 1,295.00 502-0000-60420 Operating Supplies 45.65 502-0000-61400 Utilities - Cable 1,560.00 502-0000-80103 Computers 1,330.49 504-1010-60447 Earthquake Insurance 101,858.40 601-0000-60320 Travel & Training 2,261.92 Grand Total:435,510.97 Project Account Summary Project Account Key Expense Amount **None**305,990.81 141512T 252.00 151603D 13,556.19 151606T 252.00 1718PMPCT 95,195.51 1718PMPRP -4,759.78 1718PMPT 2,128.00 201602D 7,689.65 201603T 8,265.60 201607RP 4,857.33 86 Demand Register Packet: APPKT01495 - DA 02/16/18 2/27/2018 6:01:54 PM Page 7 of 7 Project Account Summary Project Account Key Expense Amount BREWLQE 2,083.66 Grand Total:435,510.97 87 88 2/20/2018 6:34:52 PM Page 1 of 2 Demand Register City of La Quinta, CA Packet: APPKT01500 - DA 02/20/18 AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 101 - GENERAL FUND 519.48Citywide Conf Room Supplies02/12/18- CITY WIDE COFFEE SUPPLIES117768DAIOHS FIRST CHOICE SERVICES 101-1007-60403 531.30Advertising11/27/17-12/31/17- FEES UPDATE AD117769DESERT SUN PUBLISHING CO 101-1005-60450 47.89Subscriptions & Publications03/2018- SUBSCRIPTION SERVICE117770DESERT SUN, THE 101-6001-60352 345.00Recruiting/Pre-Employment02/02/18- PRE EMP PHYSICALS117771EISENHOWER OCCUPATIONAL…101-1004-60129 206.61Safety Gear01/09/18- SAFETY BOOTS - KRIS117772JERNIGAN'S, INC 101-7006-60427 154.75Mobile/Cell Phones01/2018-SATELLITE PHONES117774NI GOVERNMENT SERVICES INC 101-2002-61304 52.51Postage02/03/18- OVERNIGHT MAIL117775ONTRAC 101-1007-60470 447.00HVAC02/07/18- CITY HALL HVAC DIAGNOSIS117776PACIFIC WEST AIR CONDITION…101-3008-60667 670.50HVAC01/11/18- CITY HALL HVAC MAINT117776PACIFIC WEST AIR CONDITION…101-3008-60667 238.00Maintenance/Services01/29/18- FS#70 HVAC MAINT117776PACIFIC WEST AIR CONDITION…101-2002-60691 2,223.00Maintenance/Services02/14/18- FS#70 GARAGE DOOR OPENER …117777PATTON DOOR & GATE 101-2002-60691 683.00Map/Plan CheckingON-CALL MAP CHECKING SERVICES117778RASA/ERIC NELSON 101-7002-60183 336.00Instructors01/11/18- WATERCOLORS117779RYAN, JOAN FRANCIS 101-3002-60107 70.12Utilities - Cable02/16-03/15/18- FS#32 CABLE117780TIME WARNER CABLE 101-2002-61400 2,702.44Materials/Supplies02/01/18- POST OFFICE BRONZE FRAME117781TOP OF THE LINE SIGNS 101-3008-60431 951.80Maintenance/Services02/08/18- SPORTS COMPLEX SECURITY LI…117783VINTAGE E & S INC 101-3008-60691 Fund 101 - GENERAL FUND Total:10,179.40 Fund: 202 - LIBRARY & MUSEUM FUND 4,985.00HVAC02/01/18- MUSEUM HVAC MAINT117776PACIFIC WEST AIR CONDITION…202-3006-60667 2,340.00HVAC02/09/18- MUSEUM HVAC HUMIDIFIERS …117776PACIFIC WEST AIR CONDITION…202-3006-60667 Fund 202 - LIBRARY & MUSEUM FUND Total:7,325.00 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS 2,330.75Design02/20/18- FILING FEES DUNE PALMS BRID…117767COUNTY OF RIVERSIDE 401-0000-60185 1,513.60Construction11/27/17-12/31/17- BID Ad 2017-03117769DESERT SUN PUBLISHING CO 401-0000-60188 1,380.06Construction02/08/18- SIGNAL EQUIPMENT117773MCCAIN 401-0000-60188 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:5,224.41 Fund: 502 - INFORMATION TECHNOLOGY 976.91Technical12/26/17-01/25/18- LQPD WIRELESS117782VERIZON WIRELESS 502-0000-60108 Fund 502 - INFORMATION TECHNOLOGY Total:976.91 Fund: 601 - SILVERROCK RESORT 245.30Repair & Maintenance02/07/18- SRR FRIDGE REPAIR117783VINTAGE E & S INC 601-0000-60660 Fund 601 - SILVERROCK RESORT Total:245.30 Grand Total:23,951.02 89 Demand Register Packet: APPKT01500 - DA 02/20/18 2/20/2018 6:34:52 PM Page 2 of 2 Fund Summary Fund Expense Amount 101 - GENERAL FUND 10,179.40 202 - LIBRARY & MUSEUM FUND 7,325.00 401 - CAPITAL IMPROVEMENT PROGRAMS 5,224.41 502 - INFORMATION TECHNOLOGY 976.91 601 - SILVERROCK RESORT 245.30 Grand Total:23,951.02 Account Summary Account Number Account Name Expense Amount 101-1004-60129 Recruiting/Pre-Employme…345.00 101-1005-60450 Advertising 531.30 101-1007-60403 Citywide Conf Room Suppl…519.48 101-1007-60470 Postage 52.51 101-2002-60691 Maintenance/Services 2,461.00 101-2002-61304 Mobile/Cell Phones 154.75 101-2002-61400 Utilities - Cable 70.12 101-3002-60107 Instructors 336.00 101-3008-60431 Materials/Supplies 2,702.44 101-3008-60667 HVAC 1,117.50 101-3008-60691 Maintenance/Services 951.80 101-6001-60352 Subscriptions & Publicati…47.89 101-7002-60183 Map/Plan Checking 683.00 101-7006-60427 Safety Gear 206.61 202-3006-60667 HVAC 7,325.00 401-0000-60185 Design 2,330.75 401-0000-60188 Construction 2,893.66 502-0000-60108 Technical 976.91 601-0000-60660 Repair & Maintenance 245.30 Grand Total:23,951.02 Project Account Summary Project Account Key Expense Amount **None**18,726.61 111205D 2,330.75 1718ADACT 1,513.60 1718TMICT 1,380.06 Grand Total:23,951.02 90 2/27/2018 5:59:20 PM Page 1 of 3 Payment Reversal Register City of La Quinta, CA APPKT01498 - DA 02/20/2018 Canceled Payables Vendor Set:01 - Vendor Set 01 Bank:APBNK - APBNK 03844 Vendor Number COUNTY OF RIVERSIDE Total Vendor Amount -50.00 Vendor Name Check 115437 02/20/2018 -50.0006/30/2017 02/20/2018 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number:Description Payable AmountDue DatePayable Date 062917-R 06/30/201706/29/17- NOTICE EXEMPTION FEE 2015-02 50.0006/29/2017 06856 Vendor Number AUTOZONE Total Vendor Amount -18.06 Vendor Name Check 108497 02/20/2018 -18.0610/02/2015 02/20/2018 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number:Description Payable AmountDue DatePayable Date 5560441118-R 10/02/2015MATERIAL 3.1509/08/2015 5560447794-R 10/02/2015PWR STR FLUID 4.4809/14/2015 5560448738-R 10/02/2015TK#44 WIPER BLADES 10.4309/15/2015 07332 Vendor Number VEGA, MARIA DE LOURDES Total Vendor Amount -224.00 Vendor Name Check 109742 02/20/2018 -201.6001/15/2016 02/20/2018 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number:Description Payable AmountDue DatePayable Date 1112016-R 01/15/2016INSTRUCTOR PAYMENT 201.6001/11/2016 Check 110259 02/20/2018 -22.4002/26/2016 02/20/2018 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number:Description Payable AmountDue DatePayable Date 2192016-R 02/26/2016INSTRUCTOR PAYMENT 22.4002/19/2016 07906 Vendor Number REFUGIO LLC, EL Total Vendor Amount -30.00 Vendor Name Check 108802 02/20/2018 -30.0010/23/2015 02/20/2018 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number:Description Payable AmountDue DatePayable Date R6774R-R 10/23/2015REFUND TOT OVERPAYMENT 30.0006/04/2015 07918 Vendor Number LEGACY VILLAS PROPERTY Total Vendor Amount -27.58 Vendor Name Check 107550 02/20/2018 -27.5807/02/2015 02/20/2018 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number:Description Payable AmountDue DatePayable Date R7319-R 06/30/2015REFUND OVERPAYMENT 27.5806/24/2015 07970 Vendor Number BEAZER HOMES HOLDINGS Total Vendor Amount -3,336.00 Vendor Name Check 115674 02/20/2018 -3,336.0007/28/2017 02/20/2018 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number:Description Payable AmountDue DatePayable Date R15037-R 06/30/201704/26/16- REFUND OF PERMIT FEES STR 2016-003 3,336.0006/30/2017 91 Payment Reversal Register Packet: APPKT01498 - DA 02/20/2018 2/27/2018 5:59:20 PM Page 2 of 3 08110 Vendor Number LOCKS AROUND THE CLOCK INC Total Vendor Amount -18.00 Vendor Name Check 109696 02/20/2018 -18.0001/15/2016 02/20/2018 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number:Description Payable AmountDue DatePayable Date R11946-R 01/15/2016REFUND OVERPAYMENT 18.0001/06/2016 08149 Vendor Number ENDLESS SUMMER INVESTMENTS INC Total Vendor Amount -55.26 Vendor Name Check 109994 02/20/2018 -55.2602/08/2016 02/20/2018 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number:Description Payable AmountDue DatePayable Date R12111-R 02/08/2016REFUND OVERPAYMENT 55.2601/14/2016 08594 Vendor Number CALIFORNIA SOUTH COAST REALTY INC Total Vendor Amount -81.75 Vendor Name Check 114096 02/20/2018 -81.7502/24/2017 02/20/2018 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number:Description Payable AmountDue DatePayable Date R21362-R 02/24/201701/12/17- REFUND OF OVERPAYMENT 81.7501/12/2017 92 Payment Reversal Register Packet: APPKT01498 - DA 02/20/2018 2/27/2018 5:59:20 PM Page 3 of 3 Bank Code Summary Canceled Payables Payables Left To Pay AgainBank Code Total APBNK -3,840.65 0.00 -3,840.65 -3,840.65 0.00Report Total:-3,840.65 93 City of La Quinta Bank Transactions 2/10/18 2/23/18 Wire Transaction Listed below are the wire transfers from 2/10/18 2/23/18 Wire Transfers: 02/08/2018 - WIRE TRANSFER - PERS 36,033.83$ 02/09/2018 - WIRE TRANSFER - ICMA 5,409.55$ 02/09/2018 - WIRE TRANSFER - LQCEA 468.00$ 02/13/2018 - WIRE TRANSFER - TASC 1,224.96$ 02/14/2018 - WIRE TRANSFER - DEBT SERVICE PAYMENT 4,586,041.21$ 02/20/2018 - WIRE TRANSFER - LANDMARK 172,186.61$ -$ TOTAL WIRE TRANSFERS OUT 4,801,364.16$ Attachment 2 94 City of La Quinta CITY COUNCIL MEETING: March 6, 2018 STAFF REPORT AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR THE COMMUNITY RESOURCES DIRECTOR TO ATTEND THE ENGAGING LOCAL GOVERNMENT LEADERS 2018 CONFERENCE IN GOLDEN, COLORADO, MAY 16-18, 2018 RECOMMENDATION Authorize overnight travel for the Community Resources Director to attend Engaging Local Government Leaders 2018 Conference in Golden, Colorado, May 16-18, 2018. EXECUTIVE SUMMARY •Engaging Local Government Leaders (ELGL) is dedicated to connecting innovative local government leaders. •Conference attendees would participate in discussion forums, tours, and network with local government leaders. FISCAL IMPACT Estimated expenses are $1,600 for attendee. This includes training registration, travel, lodging, parking, and meals. Funds are available in the Community Resources Travel and Training budget (101-3001-60320). BACKGROUND/ANALYSIS The ELGL conference provides a unique opportunity for government leaders to engage and collaborate on innovative ideas from both the public and private sectors seeking to improve government processes. This January the City hosted the ELGL Roadshow where discussion panels shared information on various topics and attendees had the opportunity to ask questions and share ideas. The Community Resources Director has been invited to speak on “Creating a 21st Century City” and share La Quinta’s successful methods with other local government agencies. ALTERNATIVES Council could deny this travel request. Prepared by: Lisa Chaudhry, Administrative Technician Approved by: Chris Escobedo, Community Resources Director CONSENT CALENDAR ITEM NO. 5 95 96 City of La Quinta CITY COUNCIL MEETING: March 6, 2018 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT WITH VIATRON SYSTEMS, INC. FOR DOCUMENT SCANNING AND QUALITY CONTROL SERVICES RECOMMENDATION Approve Amendment No. 1 to Contract Services Agreement with ViaTRON Systems, Inc. to amend Section 2.1 – Contract Sum, not to exceed $60,000 per fiscal year; and authorize the City Manager to execute the amendment. EXECUTIVE SUMMARY •The City entered into two agreements for scanning services; one with ViaTRON Systems, Inc. (ViaTRON) and a second with Matrix Imaging Products, Inc. (Matrix) in August and September 2017, respectively. •ViaTRON has consistently met project deadlines and delivered high-quality services; and Matrix has been unsuccessful in meeting deadlines, records format specifications, and quality control standards. •Staff recommends the City issue a “Notice of Termination” to Matrix, transfer the remaining funds to the ViaTRON agreement encumbrance, and execute Amendment No. 1 to the agreement with ViaTRON to increase the contract sum to cover additional document scanning and quality control services. FISCAL IMPACT Funds in the amount of $60,000 are budgeted in fiscal year 2017/18 in the Professional Services Account (101-1005-60103). This Amendment will re-allocate the $20,000 initially reserved for Matrix to ViaTRON. BACKGROUND/ANALYSIS On June 19, 2017, staff issued a request for proposal (RFP) for document scanning and quality control services; 13 responses were received. ViaTRON and Matrix were selected as finalists based on their qualifications, experience, prices, and scope of services. On August 14, 2017, the City entered into the agreement with ViaTRON. To date, ViaTRON has completed four large projects, has consistently delivered these projects ahead of deadlines, has generated high-quality scanned images, and produced records meeting the City’s quality control standards. CONSENT CALENDAR ITEM NO. 6 97 Matrix delayed the execution of its agreement to September 2017. This was due to a delay in providing the City with the required insurance certificates. To date, Matrix has completed one medium project, which was delivered 40 days past due, was not produced in the specified Laserfiche format, and failed to meet the City’s quality control standards. Staff wishes to consolidate its scanning projects to one contract provider and recommends that the City issue a “Notice of Termination” to Matrix; and execute Amendment No. 1 with ViaTRON increasing the contract sum from not to exceed $40,000 to $60,000 per fiscal year; and task ViaTRON with the additional scanning needs of the City. ALTERNATIVES Council may elect not to approve this Amendment. Prepared by: Monika Radeva, Deputy City Clerk Approved by: Susan Maysels, City Clerk Attachment: 1. Amendment No. 1 to ViaTRON Agreement 98 AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH VIATRON SYSTEMS, INC. This Amendment No. 1 to the Agreement for Contract Services (Amendment No. 1) is made and entered into as of the 1st day of April, 2018 (Effective Date) by and between the CITY OF LA QUINTA (City), a California municipal corporation and ViaTRON Systems, Inc. (Contractor). RECITALS WHEREAS, on August 1, 2017, the City Council approved an Agreement for Contract Services (Agreement) with ViaTRON Systems, Inc. to provide scanning services for the City; and WHEREAS, on or about August 14, 2017, the City and Contractor entered into a three-year Agreement to provide scanning services for the City; and WHEREAS, the initial term of the Agreement, Section 3.4 (Term), remains unchanged and expires on June 30, 2020; and WHEREAS, all other Sections and Exhibits of the Agreement remain unchanged except Section 2.1 as written below; and WHEREAS, the total Agreement amount, Section 2.1 “Contract Sum,” is hereby amended to an amount not to exceed sixty thousand dollars ($60,000) per fiscal year beginning in fiscal year 2017/18; and NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows: AMENDMENT In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: 1. Section 2.1 – Contract Sum is amended to read as follows: Section 2.1 – Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with Exhibit “B” (the “Schedule of Compensation”) in a total amount not to exceed Sixty Thousand Dollars ($60,000) (the “Contract Sum”) per fiscal year, except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary 99 by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the methods of compensation set forth in the Schedule of Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.6 of this Agreement. In all other respects, the Original Agreement shall remain in effect. IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No. 1 to the Agreement for Contract Services on the respective dates set forth below. CITY OF LA QUINTA a California municipal corporation Dated: Frank J. Spevacek, City Manager ATTEST: Susan Maysels, City Clerk APPROVED AS TO FORM: William H. Ihrke, City Attorney CONTRACTOR: ViaTRON Systems, Inc. By: Dated: _________________ KALA DEVAN, President 100 City of La Quinta CITY COUNCIL MEETING: March 6, 2018 STAFF REPORT AGENDA TITLE: APPROPRIATE FUNDS AND APPROVE AUTO DEALERSHIPS’ IMPROVEMENTS ALONG HIGHWAY 111 FRONTAGE RECOMMENDATION Appropriate $500,000 from unassigned General Fund capital project savings reserves to the Capital Improvement Fund and approve the auto dealerships’ Highway 111 frontage improvements. EXECUTIVE SUMMARY •In November of 2015, Council directed staff to collaborate with Highway 111 auto dealerships to configure an auto display south of the sidewalk for a trial period. •The trial period was successful for the dealerships and they have submitted a proposal (Attachment 1) for an improved frontage display. •This improved frontage display would be the first rejuvenation project for Highway 111 south of Adams, adding new display pads (55), sidewalk, irrigation, landscaping, and signage. FISCAL IMPACT The General Fund has $1,081,966 available from savings for completed capital improvement projects of which $500,000 would be appropriated from unassigned reserves to the Capital Improvement Fund (401-0000-80040). BACKGROUND/ANALYSIS In October of 2015, Direct Point Advisors (DPA) and representatives from each auto dealership made a presentation to Council, announcing efforts to revive the regional auto dealership branding. Thereafter, Staff and DPA have engaged in preliminary information exchanges. The collective dealerships are interested in seeking City cooperation and partnership to optimize branding and visibility. The group’s requests for assistance include the following: •Expand display area along Highway 111 frontage for Cadillac/Chevrolet, Hyundai, and Nissan; •Design and placement of signage and inventory; •Secure approvals for select design elements, lighting, and rebrand of La Quinta Auto Center; BUSINESS SESSION ITEM NO. 1 101 • Repurpose street roundabouts for vehicle displays; • Explore joint venture opportunities for recycled water irrigation to landscaping/frontage areas; and The scope of the City's responsibilities would entail removing the existing meandering sidewalk and landscaping along Highway 111, grading the area to accept a new sidewalk and then pouring new city sidewalk next to the Highway 111 curb, per the plans. All work will be done as a prevailing wage project. A formal development agreement including site plan will be created between the dealers and the City. The agreement will highlight each dealers’ role and responsibility. The Planning Commission will review and recommend addressing future entitlements for the proposed project. Staff is seeking to proceed with further improvements on Highway 111 east of Adams. Prepared by: Gil Villalpando, Business Analyst Approved by: Frank J. Spevacek, City Manager Attachment: 1. Highway 111 Dealership frontage proposal 102 La Quinta Auto Mall Highway 111 Improvements Proposal Friday May 26, 2017 PREPARED FOR: Michael Hastings DIRECT POINT ADVISORS Los Angeles, CA PREPARED BY: Matt Menlove UNITED CONTRACTORS 10725 Ellis Avenue, Suite D Fountain Valley, CA 92708 (949) 945-0905 mattmenlove@buildwithunited.com 103 United Contractors 10725 Ellis Avenue, Suite D Fountain Valley, CA 92708 P: (949) 945-0905 United Contractors, Inc. 10725 Ellis Ave Fountain Valley, Ca 92660 949-945-0905 www.buildwithunited.com Dear Michael, We appreciate the opportunity to provide a bid for the La Quinta Auto Mall Highway 111 Improvements project, located at Highway 111 in La Quinta, CA. Please note that this price is based on the following Contract Documents provided (Drawings, Photos, from the Plan Room) by , dated 05/24/2017, field observations of the space, and the attached scope of work. The Scope: Design Build Landscape / Hardsacape Improvements along Highway 111 Manage preconstruction design process with landscape Architect, Electrical Engineer & Civil Engineer Process Permits through City of La Quinta Remove Existing Sidewalk and Landscape Materials Grade area to accept new Landscape / Hardscape Install new City Sidewalk along Hignway 111 Install new Paver retaining wall and Paver Display pads Install Uplighting for Car Display Install new Irrigation and Landscaping Prep area for new Signs Install new signs per attached Renderings Clean up area and Deliver to Clients for Car Display Please do not hesitate to call if you have questions while reviewing this Bid Proposal. Sincerely, Matt Menlove United Contractors, Inc. 104 United Contractors 10725 Ellis Avenue, Suite D Fountain Valley, CA 92708 P: (949) 945-0905 Revision:Original La Quinta Auto Mall Highway 111 Improvements Highway 111 La Quinta, CA 92247 Printed On: 05/26/2017 Division Total 01 General Conditions $175,922.36 01-001.OH General Conditions $1,033.26 01-005.L Preconstruction Services $13,902.60 01-009.L Civil Engineering $36,164.10 01-010.S Surveying $10,332.60 01-060.M Reimbursable $4,135.49 01-081.S Building Permit Fee $7,749.45 01-210.OH Contractors Contingency $30,997.80 01-213.S Engineering Fees $3,616.41 01-214.S Landscape Design $10,332.60 01-300.L Superintendent $27,805.20 01-314.L Project Manager $13,902.60 01-315.O Project Vehicle $3,099.78 01-370.L Estimator $4,865.91 01-380.L Project Staff $6,951.30 01-528.O Computer $1,033.26 02 Site Work $403,601.69 02-001.S Mobilization $3,099.78 02-110.S Dust Protection $8,782.71 02-125.S Special Inspections $10,332.60 02-180.S Temp Fence $5,682.93 02-190.S Temp Water $2,583.15 02-227.S Demolition $32,444.36 02-310.S Grading $16,222.18 02-754.S Site Concrete $26,410.13 02-780.S Pavers $178,753.98 02-900.S Landscaping $119,289.87 16 Electrical $324,443.64 16-200.S Electrical $173,587.68 16-550.S Electric signs $150,855.96 Permit $0.00 10% Fee $90,396.80 Total $994,364.49 Cost/Sq. Foot (Sq Ft): 50,000.00 $19.89 105 106 - MATCH LINE -HWY 111 AUTO CENTER WAY S.LA QUINTA DRIVEPHASE 1HWY 111 DISPLAY FRONTAGEPRELIMINARY LANDSCAPE DESIGNLA QUINTA AUTO COLLECTION:77-899 WOLF RD. PH. (760) 777-9131 FAX (760) 777-9132 PALM DESERT, CA LIC# 2754, EXP 04/30/16 92211 H ERMANN D ESIGN G ROUP SUITE 102 107 CONCEPTUAL DESIGN AND DEVELOPMENT April 11, 2016 FOR PREPARED BY CITY OF LA QUINTA HERMANN DESIGN GROUP AUTO COLLECTION 108 SCALE 1/128”=1’.0” EXISTING CONDITIONS 109 AUTO COLLECTION A UT O C OLL ECTI ONLINEAR SCULPTURE MOUNTAIN SCAPE VARYING DEPTHS AND DIMENSION COMBINED WITH CONTRASTING AGED METALS CREATE A DYNAMIC BACKDROP AND CARRIER FOR DEALER BRAND IMAGES - 110 A U T O COLLE C TI O N SCALE 3/16”=1’.0” SCALE 1”=20’ 14’-6” 12” 36’-6” AUTO COLLECTION A U TO C O LLE C TI O N NIGHT VIEW - INTERNAL LED ILLUMINATION AS WELL AS LANDSCAPE UP LIGHTS TO ACCENTUATE THE BACKDROP DEPTH AND DIMENSION 111 11’-6” 3’ 7’ SCALE 1/4”=1’.0” AUTO COLLECTION 112 City of La Quinta CITY COUNCI MEETING: March 6, 2018 STAFF REPORT AGENDA TITLE: APPROVE A PURCHASE WITH INSIGHT PUBLIC SECTOR FOR MICROSOFT OFFICE 365 LICENSES UNDER THE RIVERSIDE COUNTY MASTER AGREEMENT RECOMMENDATION Approve the purchase of three-year licenses from Insight Public Sector for Microsoft Office 365 licenses through the County of Riverside Master Agreement and authorize the City Manager to execute related documents. EXECUTIVE SUMMARY •The City has used Microsoft products for over twenty years. •The City’s current servers are approaching usable end-of-life (EOL) and must be replaced or shifted to cloud-based services. •Server replacement is costly and requires regular maintenance. •Office 365 is Software as a Service (SaaS) that will provide cloud-based file repository, enhanced security features, new productivity and collaboration tools, and future integration of a cloud phone system. FISCAL IMPACT The cost to purchase licenses is $89,584.44 ($29,861.48 per year for three years) (Attachment 1). Funds for the first year are budgeted in in the Information Technology Fund (502-0000- 60301, Software Licenses). Funds will be requested in future year budgets for the second and third contract years. BACKGROUND/ANALYSIS The City has used Microsoft systems and programs for more than twenty years. During that time, the City has procured products through retail, original equipment manufacturer, and volume licensing agreements. After extensive analysis, staff recommends that the City upgrade to Office 365, and determined that the most cost effective means is to contract with Microsoft through the cooperative purchasing program established by the County of Riverside. This allows the City to enroll as an “Affiliate” on the County’s Master Agreement (Attachment 2), giving the City access to the latest software releases at the lowest available rate. In 2017, a Project Action Team (PAT) was formed as part of the La Quinta Academy. One task entailed analyzing replacing the existing computer system server storage hardware or migrating to cloud-based storage configuration. The second task entailed evaluating Office 365 and Google’s suite of products. The PAT spent months reviewing and testing both; they BUSINESS SESSION ITEM NO. 2 113 determined that a cloud-based Office 365 system was the best fit based upon business needs, software tools, and cost. Most of the City’s operational software is SaaS applications hosted in the cloud. These include: • Tyler, • TrakIt, • Laserfische, and • NeoGov. Office 365 offers a variety of security, collaboration, and productivity features and would provide: • New email addresses (@laquintaca.gov); • The latest versions (both online and desktop) of Word, Excel, Outlook, and PowerPoint; • A shared file repository stored in Federal Risk and Authorization Management Program (FEDRAMP), compliant “Government Only” data centers located in the United States; • New collaboration and workflow tools such as Teams, Yammer, Planner, and Flow; and • The ability to replace the old phone system with a new system without additional licensing fees. ALTERNATIVES The Council could elect to not upgrade these systems and instead patch together the existing system. This approach would not be cost effective (maintenance costs increase on an annual basis) and using outdated systems may hamper staff productivity. Prepared by: Tustin K. Larson, Business Analyst Approved by: Chris Escobedo, Director – Community Resources Attachments: 1. Quote for purchase 2. County of Riverside Master Agreement 114 Organization:City of La Quinta Date:2/13/2018 RIVCO-20800-008-12/19 (Riverside County) preliminary Part Number Product Description AAA-11894 O365GCCE3 ShrdSvr ALNG SubsVL MVL PerUsr T2N-00005 O365GCCE5 ShrdSvr ALNG SU MVL O365GCCE3 PerUsr Microsoft EA Quote 115 Requested by:Ben Esparza Prepared by:Chris Beechler Nbr Months 12 Unit Price Qty Extension 182.36 163 29,724.68 136.80 1 136.80 - 1 Yr Total 29,861.48$ 3 Yr Total 89,584.44$ Microsoft EA Quote 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 City of La Quinta CITY COUNCIL MEETING: March 6, 2018 STAFF REPORT AGENDA TITLE: APPROPRIATE FUNDS AND APPROVE EQUIPMENT PURCHASE FROM NATIONAL FITNESS CAMPAIGN FOR A NATIONAL FITNESS COURT AT LA QUINTA PARK RECOMMENDATION Appropriate funds and approve purchase of fitness equipment from National Fitness Campaign for a National Fitness Court at La Quinta Park, and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY •National Fitness Campaign (NFC) is a non-profit organization that promotes outdoor fitness using NFC equipment, self-training programs and mobile apps. •NFC invited the City to apply for their 2018 campaign; the City was awarded a $10,000 grant and a $5,000 credit as a result. •Staff and NFC identified La Quinta Park as the suitable location (Attachment 1) for this equipment. FISCAL IMPACT The total cost to purchase and install the equipment is $123,000. The Park Equipment & Facility Fund has a $3.1 million fund balance. Staff requests an appropriation of $123,000 from this fund to the Parks Account (503-0000-71060). The anticipated budget is: NFC Fitness Equipment (Attachment 2) $75,000 Concrete Pad $30,000 Poured Sports Surface $18,000 Bolt-on equipment installation $0 (City Staff) Total $123,000 BACKGROUND/ANALYSIS In July 2017, NFC recognized the City’s commitment to health and fitness and invited the City to apply for their 2018 campaign. The campaign entails constructing a 38’ x 38’ fitness court that uses NFC proprietary equipment (COURT), body weight exercises specifically designed for the COURT, a mobile app, and three levels of self-training programs (beginner, intermediate, and advanced). If awarded, NFC then provides national and local promotion, and a launch party. NFC is the only provider of this equipment. In August 2017 Council directed staff to apply. BUSINESS SESSION ITEM NO. 3 133 The application was approved and the City was awarded a $10,000 grant from fitness music app company and NFC campaign partner, Fit Radio, and will receive a $5,000 credit for a sports floor on the COURT. Staff and NFC reviewed sites North of Highway 111 and settled on La Quinta Park as the host venue. There were discussions of re-using a portion of the existing skatepark pad; however, it was determined that the site lacked the proper drainage and retrofitting would be cost prohibitive. The proposed location is on the Southwest corner of the park. This site is adjacent to the parking lot and has high visibility from Blackhawk Way. NFC requires a 50% deposit to start the 8-week production schedule (Attachment 3). During production staff will secure vendors for the engineered slab and sports floor surface. Staff will install the fitness equipment with oversight by a Certified Playground Inspector. If approved, the La Quinta Fitness Court could be open by mid- April 2018. ALTERNATIVES Council may elect to not proceed, select a different location, or select a later timeline. Prepared by: Tustin K. Larson, Business Analyst Approved by: Chris Escobedo, Director – Community Resources Attachments: 1. Site Location 2.Quote 2.Terms of Sale 134 ATTACHMENT 1135 136 137 138 QUOTE The City of La Quinta 78495 Calle Tampico LA QUINTA CA 92253 UNITED STATES Date Oct 30, 2017 Expiry Sep 29, 2018 Quote Number QU-0028 National Fitness Campaign LLC For all questions regarding this quote, contact: info@nfchq.com Description Quantity Unit Price Tax Amount USD Fitness Court and National Campaign Resources - $10,000 National Grant Funds Award - $5,000 Sports Floor Material Credit 1.00 75,000.00 Tax Exempt 75,000.00 Subtotal 75,000.00 TOTAL USD 75,000.00 Terms 1. PAYMENT TERMS Buyer will pay Seller 50% of the Purchase Price at least 60 days prior to the Shipping Date. Buyer will pay the remaining 50% of the Purchase Price prior to the Shipping Date. These payment terms will apply unless other approved payment terms have been agreed to by both parties. The timing and method of payment will be described in the Invoice. 2. SHIPPING AND DELIVERY *Shipping costs are not included and are TBD, based on final delivery location. FOB Munford, AL. Buyer is responsible for prepaying the shipping costs, including insurance, and Seller will notify Buyer of the costs prior to the Shipping Date. 3. GENERAL This Quote is Subject to our Terms and Conditions of Sale. Registered Office: 1740 Kearny St, San Francisco, CA, 94133, USA.139 NFC​ ​Program​ ​Details​ ​-​ ​Campaign​ ​Specifications Fitness​ ​Court​™​​ ​​ ​​ ​​ ​​ ​​ ​​The​ ​Fitness​ ​Court​™​ ​is​ ​a​ ​32’x35’​ ​outdoor​ ​bodyweight​ ​circuit​ ​training​ ​system*  Fitness​ ​Court​ ​™​ ​Description:  32’x35’​ ​outdoor​ ​bodyweight​ ​circuit​ ​training​ ​system​ ​with​ ​the​ ​following​ ​components:  1.Seven​ ​station​ ​circuit​ ​training​ ​system​ ​providing​ ​full-body​ ​workout​ ​modules 2.Fitness​ ​Court​ ​body-weight​ ​training​ ​wall​ ​measuring​ ​32’W​ ​x​ ​2’D​ ​x​ ​6’​ ​H​ ​with​ ​wall​ ​graphics​ ​describing​ ​use, sponsor​ ​recognition​ ​and​ ​buyer​ ​recognition 3.Thirty​ ​pieces​ ​of​ ​body-weight​ ​training​ ​equipment​ ​(Fitness​ ​Elements)​ ​for​ ​simultaneous​ ​use​ ​by​ ​28​ ​users​ ​at one​ ​time.​ ​Fitness​ ​Elements​ ​are​ ​anchored​ ​and​ ​grouped​ ​within​ ​seven​ ​stations. 4.Bolts,​ ​attachments​ ​and​ ​anchors​ ​required​ ​for​ ​installation Specifications:  1.All​ ​structural​ ​components​ ​are​ ​made​ ​from​ ​high-grade​ ​carbon​ ​steel 2.Structural​ ​components​ ​receive​ ​high-grade​ ​powder​ ​coating 3.All​ ​cladding​ ​(skins)​ ​made​ ​from​ ​high-grade​ ​aluminum​ ​and​ ​powder​ ​coated 4.Lunge​ ​steps​ ​coated​ ​with​ ​polyurethane​ ​foam 5.Plyometric​ ​boxes​ ​are​ ​capped​ ​with​ ​a​ ​color​ ​coded​ ​EPDM​ ​rubber​ ​surface 6.All​ ​deck​ ​anchors​ ​are​ ​mounted​ ​into​ ​an​ ​epoxy​ ​solution​ ​for​ ​seismic​ ​movement 7.All​ ​anchors​ ​for​ ​installation​ ​are​ ​included​ ​with​ ​Fitness​ ​Court 8.Bend​ ​stations​ ​are​ ​padded​ ​for​ ​comfort​ ​with​ ​memory​ ​foam​ ​and​ ​covered​ ​with​ ​mold​ ​and​ ​tear​ ​resistant fabric *See​ ​attached​ ​exhibit​ ​for​ ​further​ ​information​ ​on​ ​the​ ​Fitness​ ​Court​ ​system. National​ ​Campaign​ ​Resources    The​ ​National​ ​Campaign​ ​Resources​ ​is​ ​a​ ​collection​ ​of​ ​digital​ ​and​ ​print​ ​resources​ ​and​ ​services​ ​designed​ ​to​ ​activate, encourage​ ​and​ ​strengthen​ ​public​ ​participation​ ​in​ ​free​ ​outdoor​ ​fitness​ ​activities. Components: Web​ ​and​ ​Press​ ​tools  - 2018​ ​National​ ​promotions​ ​including​ ​city​ ​partners  - Customized​ ​2018​ ​Campaign​ ​Web​ ​story​ ​and​ ​press​ ​release​ ​featuring​ ​city​ ​partners  - 2018​ ​Social​ ​Media​ ​activation​ ​and​ ​promotion​ ​campaign​ ​featuring​ ​city​ ​partners  Fitness​ ​Court​ ​Mobile​ ​App  - IOS/​ ​Android​ ​App​ ​teaching​ ​proper​ ​use,​ ​routines​ ​and​ ​challenges​ ​to​ ​the​ ​public​ ​-​ ​free​ ​for​ ​all​ ​users   - Coach​ ​mode,​ ​challenge​ ​mode,​ ​and​ ​social​ ​mode​ ​-​ ​allowing​ ​a​ ​variety​ ​of​ ​ways​ ​to​ ​participate​ ​in​ ​the​ ​program  - Social​ ​component​ ​encourages​ ​community​ ​participation​ ​and​ ​awareness   Circuit​ ​Training​ ​Programs  - 3​ ​Levels​ ​of​ ​Circuit​ ​Training​ ​Routines​ ​(to​ ​be​ ​completed​ ​on​ ​the​ ​Fitness​ ​Court)  - Beginner:​ ​Baseline​ ​Functional​ ​Fitness​ ​Training​ ​System   - Intermediate:​ ​Full-Body​ ​Circuit​ ​training​ ​system​ ​for​ ​athletes​ ​at​ ​any​ ​level  - Advanced:​ ​Competitive​ ​Fitness​ ​Court​ ​Challenge​ ​Series   Localized​ ​Promotional​ ​Materials  - ​ ​Fitness​ ​Court​ ​Launch​ ​Party​ ​Kit  - Press​ ​Release  - Fitness​ ​Court​ ​Launch​ ​Party​ ​Event​ ​Guide   - Event​ ​Roadmap​ ​and​ ​custom​ ​Campaign​ ​Support  Activation​ ​Guidelines​ ​Package  - Fitness​ ​Court​ ​Programs  - Group​ ​Fitness,​ ​Outdoor​ ​Classes,​ ​Bootcamps,​ ​Challenge​ ​Series  - Mayor’s​ ​Challenge​ ​National​ ​Promotion​ ​Kit Note:​ ​The​ ​National​ ​Fitness​ ​Campaign​ ​provides​ ​a​ ​comprehensive​ ​program​ ​encompassing​ ​both​ ​a​ ​physical​ ​installation​ ​in​ ​public​ ​space and​ ​promotional​ ​campaign​ ​and​ ​resources​ ​that​ ​work​ ​to​ ​assist​ ​city​ ​partners​ ​in​ ​activating​ ​their​ ​community.​ ​The​ ​Fitness​ ​Court, Campaign​ ​Ecosystem​ ​and​ ​components​ ​cannot​ ​be​ ​funded​ ​separately. 140 141 142 National Fitness Campaign Terms of Sale Page 1 of 6 These terms of sale (“Terms”) govern any quote, quotation, or other offer (“Quote”) by National Fitness Campaign, LLC (“NFC”) to sell and supply the Fitness Court System described in any Quote (“Fitness Court System”) to a purchaser (“Purchaser”). The Fitness Court System includes the equipment (“Equipment”) specified in the Quote. These terms are incorporated into the Quote either by reference in the Quote, attachment to the Quote, or by delivery of a copy to the Purchaser. Purchaser’s acceptance of the Quote is expressly limited to the terms and conditions contained in the Quote and these Terms. No additional or different terms or conditions, whether proposed by Purchaser in its purchase order or otherwise, will be binding on NFC unless expressly agreed to by NFC in writing in countersigned addendum to these Terms. Commencement of any work or of any deliveries pursuant to a Quote will be deemed an unconditional acceptance by Purchaser of these Terms unless NFC has agreed in writing to any changes in countersigned addendum to these Terms. In case of conflict between the provisions contained in the accompanying Quote and these Terms, the particular provisions in the Quote shall prevail. Purchaser and NFC are each a “Party” and collectively, the “Parties.” References to these Terms herein includes the Quote and any related exhibit, attachment, or modification. Purchase Price and Payment The price of the Fitness Court System will be specified in the Quote (“Purchase Price”). Purchaser is responsible for paying the shipping costs, including insurance, and NFC will notify Purchaser of the costs prior to the shipping date. Purchaser is solely responsible for, and will pay and hold NFC harmless from all taxes, with respect to the sale, shipment or use of the Fitness Court System; provided that Purchaser will not be responsible for any taxes imposed on or relating to NFC’s income, revenues, gross receipts, or employees. Shipment and Delivery Unless the Parties agree in writing, NFC will select the method of shipment of the Fitness Court System and will deliver the Fitness Court System to the agreed delivery location using NFC’s standard method for packaging and shipping. Delivery periods in the Quote are estimates only. NFC will use commercially reasonable efforts to deliver the Fitness Court System promptly, however, NFC will not be liable for any delay or for any incidental or consequential damages arising from delay. Purchaser is not entitled to rescind its obligations to NFC for any delay unless expressly provided in the Quote. Delivery shall be made to areas readily accessible by truck. NFC will schedule delivery with Purchaser, and NFC and Purchaser will make the necessary arrangements for delivery in accordance with such schedule. If delivery is canceled or delayed for reasons outside of NFC’s control, including the Purchaser not being available or prepared to accept delivery when scheduled, NFC may (i) take away the Equipment and redeliver at a later date, charging the Purchaser for any additional expense thereby incurred (including temporary storage, demurrage, and remobilization). 143 National Fitness Campaign Terms of Sale Page 2 of 6 Purchaser is responsible for unloading the Equipment from the truck of NFC’s carrier. Purchaser will provide a forklift and forklift operator to unload the Equipment at its own risk and own expense. Inspection Purchaser will inspect the Fitness Court System upon receipt, including inspection for damage to cartons and shortages. Purchaser will be deemed to have accepted the Fitness Court System unless it notifies NFC in writing that the Fitness Court System does not conform to the specifications provided by NFC, including any missing items of Equipment or any concealed damage, within 14 days of delivery. If Purchaser timely notifies NFC that any nonconforming elements of the Fitness Court System, NFC will ship replacements at NFC’s expense to the Delivery Location. Warranty NFC will provide Purchaser with a Certificate of Warranty which sets out NFC’s exclusive warranty regarding the Fitness Court System (“Warranty”). Purchaser Obligations Regarding Installation, Use, and Maintenance Purchaser is solely responsible for the proper installation, maintenance, inspection, and monitoring of use of the Equipment. Purchaser will comply with the instructions for installation and maintenance contained in the National Fitness Campaign Installation and Maintenance Guide. Purchaser acknowledges that the Equipment is intended for use by individuals at least 14 years of age and that use by persons under this age may be dangerous and is not recommend by NFC. Purchaser will take reasonable steps to ensure that the Equipment is not used by individuals under the age of 14. Purchaser acknowledges that: (i) all sporting activities carry the risk of injury to the participants, and (ii) improperly maintained equipment and inadequate supervision contribute to the risk of injury. Purchaser agrees that that it will inspect and maintain the Equipment to reduce the risk of injury to users. Purchaser agrees to ensure all signage is visible and properly maintained. Purchaser acknowledges that maintaining the equipment and establishing and maintaining a safe environment is an important obligation and a material term of this agreement. Purchaser shall be responsible for any and all damages and costs, including attorney fees, NFC incurs as a result of Purchaser’s breach of its safety and maintenance obligations. Applicable Safety Standards 144 National Fitness Campaign Terms of Sale Page 3 of 6 The Fitness Court is an outdoor adult fitness court and not intended for use by individuals who are younger than 14 years of age. Many states require the construction and installation of playgrounds to comply with American Society for Testing and Materials (ASTM) and Consumer Product Safety Commission (CSPC) guidelines. Although ASTM has adopted ASTM F3101-15 Standard Specification for Unsupervised Public Use Outdoor Fitness Equipment (there are no CPSC guidelines), no states currently require compliance with the ASTM outdoor fitness guidelines. It is common for public bodies to require that playground equipment be certified by the International Playground Equipment Manufacturers Association (IPEMA) as compliant with ASTM standards. No certification is available for the Fitness Court because IPEMA does not currently certify compliance of outdoor fitness equipment. Compliance with the standards in ASTM F3101-15 is voluntary absent a legal requirement. Although NFC looks to the safety standards of ASTM F3101-15 in its design and manufacture of the Fitness Court, it is not able to certify compliance with these voluntary guidelines. Limitation of Liability Purchaser acknowledges that NFC exercises no control over Purchaser’s selection, installation, or construction of the Fitness Court System and Purchaser therefore assumes all risk of liability for the result obtained from or the safety of the Fitness Court System. To the extent permitted by law, NFC will not be liable for any indirect, special, incidental, consequential, or punitive damages of any nature whatsoever, or any lost profits or revenues or diminution in value, including without limitation personal injury or property damage to any person whether based on warranty, contract, negligence, or any other applicable legal theory, arising out of the selection, installation, inability to use, or the use of the Fitness Court System, regardless of whether such damages were foreseeable, whether NFC was advised of the possibility of such damages, or the legal or equitable theory upon which the claim is based. Except for its Warranty replacement obligations, NFC’s aggregate liability to Purchaser under this Agreement will not exceed the Purchase Price. Without limiting the generality of the foregoing, Purchaser assumes all risk and liability for the use of the Fitness Court System. Installation and Assembly Assembly, installation, or erection is the responsibility of the Purchaser, and NFC accepts no liability whatsoever for defects or damages resulting from the Purchaser’s assembly, installation or erection of the Fitness Court System or any claims for death or personal injury resulting from any use of the Fitness Court System to the extent caused, in whole or in part, by such improper assembly or the resulting defects or damages to the Fitness Court System. In such circumstances, Purchaser shall indemnify and hold NFC harmless for any liability, damages or costs arising out of or relating to Purchaser’s acts or omissions in accordance with the section entitled “Indemnification and Attorneys’ Fees.” 145 National Fitness Campaign Terms of Sale Page 4 of 6 Indemnification and Attorneys’ Fees Purchaser hereby agrees to indemnify and hold NFC harmless for any liability, damages or costs (including reasonable attorneys’ fees), whether arising out of a suit or claim between NFC and the Purchaser or a third party, or arising out of or related to the failure of the Purchaser to perform any of its obligations or comply with any of the conditions contained in these Terms. In the event NFC has to take any action against the Purchaser to obtain enforcement or compliance with any of the terms or conditions contained in these Terms, the Purchaser agrees to pay all of the costs and expenses of such action (including reasonable attorneys’ fees). NFC hereby agrees to indemnify and hold Purchaser harmless for any liability, damages or costs (including reasonable attorneys’ fees), whether arising out of a suit or claim between NFC and the Purchaser or a third party, or arising out of or related to the failure of NFC to perform any of its obligations or comply with any of the conditions contained in these Terms. In the event Purchaser has to take any action against NFC to obtain enforcement or compliance with any of the terms or conditions contained in these Terms, NFC agrees to pay all of the costs and expenses of such action (including reasonable attorneys’ fees). Insurance Vendor will maintain a commercial general liability policy in the amount of $1,000,000.00 per occurrence, $2,000,000.00 aggregate, and $2,000,000.00 products and completed operations aggregate. All insurance policies shall name City as an additional insured. If coverage is maintained on a claims-made basis, Vendor shall maintain such coverage for an additional period of three (3) years following termination of this Agreement Miscellaneous Entire Agreement. This Agreement, including all related exhibits, together with the NFC Installation and Maintenance Guide, constitutes the entire agreement of the Parties with respect to the Fitness Court System. Without limitation of anything contained in this section, Purchaser acknowledges that except for the Warranty, neither NFC nor any other person has made or makes any express or implied representation or warranty, either written or oral, on behalf of NFC, including any representation or warranty arising from statute or otherwise in law. Notices. All notices, requests, consents, claims, demands, waivers, and other communications under these Terms (each, a “Notice”) must be in writing and addressed to the other Party at its address set forth in the Quote (or to such other address that the receiving Party may designate from time to time in accordance with this section). All Notices must be delivered by personal delivery, nationally recognized overnight courier or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in these Terms, a Notice is effective only (a) on receipt by the receiving Party, and (b) if the Party giving the Notice has complied with the requirements of this section. 146 National Fitness Campaign Terms of Sale Page 5 of 6 Headings. The headings in these Terms are for reference only and do not affect the interpretation of these Terms. Severability. If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal, or unenforceable, the Parties will negotiate in good faith to modify these Terms to effect the original intent of the Parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible. Amendment. No amendment to or modification these Terms is effective unless it is in writing and signed by an authorized representative of each Party. W aiver. No waiver under these Terms is effective unless it is in writing and signed by an authorized representative of the Party waiving its right. Any waiver authorized on one occasion is effective only in that instance and only for the purpose stated, and does not operate as a waiver on any future occasion. None of the following constitutes a waiver or estoppel of any right, remedy, power, privilege, or condition arising from these Terms: (i) any failure or delay in exercising any right, remedy, power, or privilege or in enforcing any condition under this Agreement; or (ii) any act, omission, or course of dealing between the Parties. Assignment. Purchaser may not assign any of its rights or delegate any of its obligations under this these Terms without the prior written consent of NFC. NFC may assign any of its rights or delegate any of its obligations to any person/entity acquiring all or substantially all of NFC’s assets. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves the assigning or delegating Party of any of its obligations under this these Terms. No Third-Party Beneficiaries. These Terms benefit solely the Parties and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms. Choice of Law. These terms, including all exhibits, and all matters arising out of or relating to these Terms are governed by the laws of the State of California, without regard to the conflict of laws provisions thereof. Venue. In the event of any legal action or claim arising under or related to these Terms or the Fitness Court System, venue shall be in federal or state court in the County of Riverside. 147 National Fitness Campaign Terms of Sale Page 6 of 6 Attorneys’ Fees. In any legal action or claim arising under or related to these Terms, the prevailing party will be entitled to recover costs and reasonable attorneys’ fees, including those on appeal. Force Majeure. NFC shall not be liable or responsible to Purchaser, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond the affected NFC’s reasonable control, including, without limitation: (a) acts of God; (b) flood, fire, earthquake or explosion; (c) national or regional emergency; or (d) strikes, labor stoppages, or slowdowns or other industrial disturbances. Relationship of Parties. Nothing in these Terms creates any agency, joint venture, partnership or other form of joint enterprise, employment or fiduciary relationship between the Parties. Neither Party has any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other Party or to bind the other Party to any contract, agreement, or undertaking with any third party. Acknowledgement of Terms Each Party acknowledges that they have read and understand the terms of this agreement, and agrees to abide by and be bound by their terms and conditions. Authorized Representative | La Quinta, California _________________________________________________________________________ Print Name Sign Name Date Authorized Representative | National Fitness Campaign, LLC _________________________________________________________________________ Print Name Sign Name Date 148 City of La Quinta CITY COUNCIL MEETING: March 6, 2018 STAFF REPORT AGENDA TITLE: UPDATE ON PUBLIC SAFETY CAMERA SYSTEM REVIEW RECOMMENDATION Discuss and provide direction. EXECUTIVE SUMMARY The City is focused on enhancing community safety by implementing the technology that is shaping the future of public safety. In October 2016, an Ad Hoc Committee (Committee) was established to assess the potential use of a public-safety camera system. In March 2017, a survey was conducted where 714 respondents replied with 83% in support of cameras, 13% opposed, and 3% undecided. In July 2017, Council directed staff to present information to the community, and obtain feedback. This Study Session was scheduled to apprise the Council of the Committee’s efforts and present the results derived from these meetings. FISCAL IMPACT - None BACKGROUND/ANALYSIS In October 2016, the Council established an Ad Hoc Committee (Committee) to assess the pros and cons of a public-safety camera system. The Committee visited cities that use public-safety camera systems, collected background data, and in March 2017, conducted a community-wide opinion survey. 714 respondents replied with 83% in support of cameras, 13% opposed, and 3% undecided (Attachment 1). Since the last Council update on July 5, 2017, the Committee has conducted the following: Four community meetings were held in October and November of 2017 of which there were approximately 41 combined attendees. The feedback was generally supportive (Attachment 2). Two focus group meetings were held in January and February of 2018 of which there were 47 combined attendees. In the first Focus Group, 15 people were in STUDY SESSION ITEM NO. 1 149 support and 1 was opposed. In the second Focus Group, 12 were in support and 3 were opposed (Attachment 3). Staff circulated a Request for Qualifications (RFQ) to engage camera vendors and assess services and equipment, including grant opportunities. Ten vendors responded, and the equipment and services varied significantly from vendor to vendor. More specifications will be needed if the City elects to solicit bids. Scheduled presentations with the Planning, Community Services, Housing and Financial Advisory Commissions for the months of March and April. Collected data from other cities that use camera systems to gauge their performance and to review their policies regarding video retention and accessibility. Determined that if the City would elect to proceed, additional non-staff assistance would be needed to prepare camera specifications for a Request for Proposals, and assist the City with securing grant funding. ALTERNATIVES This is an informational item. Staff does not recommend an alternative. Prepared by: Anthony Moreno, Public Safety Analyst Approved by: Chris Escobedo, Director – Community Resources Attachments: 1. Timeline 2. List of Community Outreach Meetings 3. Survey & Focus Group Results 150 Timeline Ad Hoc Formed (Oct. 2016) Survey Issued (Feb.- Mar. 2017) Council Input (July 5, 2017) GEM Article (Sept. 2017) Community Meetings (Oct. to Nov. 2017) Focus Groups (Jan. to Feb. 2018) Council Update (March 6, 2018) Commission Meetings (March. to April 2018) Grant & Technical Requirements Council Update (June 2018) ATTACHMENT 1151 152 COMMUNITY OUTREACH Community Survey 3/17/2017 706 responses - 83% in support Community Meetings Crime Prevention Multifamily Housing 10/25/2017 La Quinta City Hall Neighborhood Watch – Cove Group 10/26/2017 La Quinta City Hall Citizens on Patrol 10/31/2017 La Quinta City Hall La Quinta Museum -Trending Topics 11/28/2017 La Quinta Museum Focus Groups Focus Group 1 1/25/2018 La Quinta City Hall Focus Group 2 2/13/2018 La Quinta City Hall Commission Presentations Community Service Commission 3/12/2018 La Quinta City Hall 3/13/2018 La Quinta City Hall Housing Commission 3/14/2018 La Quinta City Hall Financial Commission 4/11/2018 La Quinta City Hall ATTACHMENT 2153 154 Community Outreach Results 0%20%40%60%80%100% In Support Against Undecided In Support Against Undecided Survey 83%13%3% Focus #1 94%6% Focus #2 80%20% 155 156 City of La Quinta CITY COUNCIL MEETING: March 6, 2018 STAFF REPORT AGENDA TITLE: DISCUSS CONVERSION OF AN ADDITIONAL TENNIS COURT TO FOUR PICKLEBALL COURTS AT FRITZ BURNS PARK RECOMMENDATION Discuss converting an additional tennis court to four Pickleball courts at Fritz Burns Park. EXECUTIVE SUMMARY Council awarded a contract on April 18, 2017 to Pacific Tennis Courts, Inc. in the amount of $387,859 to construct two new tennis courts and convert an existing tennis court to four pickleball courts. This project was completed in October 2017 and provides seven tennis courts and four pickleball courts. Pickleball players have requested additional courts due to high demand. FISCAL IMPACT The cost to convert an existing tennis court into four pickleball courts is approximately $30,000. The cost includes in-ground sleeves, net posts, net, and surface coating. Funds are available in the Park Equipment Replacement account (501-0000-71060). BACKGROUND/ANALYSIS The Tennis and Pickleball Court Conversion project was in response to requests from tennis players for additional courts. An existing skate park was relocated to a little- used parking lot, and this area was converted back to tennis courts. However, during the design process, pickleball became increasingly popular and the project design was altered to build two new tennis courts and convert one existing court to four pickleball courts. This brought the current total number of tennis courts to seven and the total number of pickleball courts to four. This project was completed in October 2017. Pickleball players subsequently contacted the Community Services Commission (Commission) to request additional pickleball courts. The Commission discussed their request on November 13, 2017. Since the courts were still new, the Commission recommended that staff continue to monitor the amount of tennis and pickleball play for one year. STUDY SESSION ITEM NO. 2 157 At the February 20, Council meeting, the Mayor requested a Study Session be scheduled to review the need for additional pickleball courts at Fritz Burns Park. Staff seeks Council direction regarding converting one additional tennis court to four Pickleball courts. Prepared by: Robert Ambriz, Jr., Parks Superintendent Approved by: Steve Howlett, Facilities Director 158 City of La Quinta CITY COUNCIL MEETING: March 6, 2018 STAFF REPORT AGENDA TITLE: DISCUSS PROPOSED JOINT POWERS AGREEMENT WITH EAST VALLEY COALITION FOR REGIONAL ECONOMIC DEVELOPMENT RECOMMENDATION Discuss proposed Joint Powers Agreement with East Valley Coalition for regional economic development. EXECUTIVE SUMMARY In 2014, the City was invited by the City of Indio and County of Riverside to explore an eastern Coachella Valley economic development partnership. In January 2015, representatives from the Cities of Coachella, Indio, La Quinta, and County of Riverside discussed forming a formal partnership to conduct regional economic development activities. On June 2, 2015, Council approved the Memorandum of Understanding (MOU) to join the East Valley Coalition (EVC) for a two-year term at a cost of $10,000 per year. A Joint Powers Agreement (JPA) would formalize the agreement between the Cities of Coachella, Indio, La Quinta, and County of Riverside (Members) to implement economic development programs for the Members. FISCAL IMPACT The anticipated costs for a JPA are estimated to be $15,000 - $25,000 annually. BACKGROUND/ANALYSIS In February 2014, the City of Indio and County of Riverside invited the City to explore an eastern Coachella Valley economic development partnership that stemmed from the dissolution of the California Enterprise Zone Program. Throughout the year, representatives of the involved agencies continued to meet and discuss regional collaboration of economic development. These discussions included the Coachella Valley Economic Partnership (CVEP). A proposal for regional economic development was presented by the County of Riverside for a formal partnership in the eastern Coachella Valley in January 2015. During the presentation, the Cities of Coachella, Indio, La Quinta, and County of Riverside were present. STUDY SESSION ITEM NO. 3 159 Additionally, the County of Riverside devoted staffing resources (Economic Development Regional Manager) and developed a website for the EVC. Provisions within the MOU included a program evaluation and a report to each community’s governing board describing accomplishments and funding recommendations for the second year. There are no binding provisions to provide funding for the additional years of the agreement should the City choose to not continue participation. A JPA would formalize a legal agreement between the Cities of Coachella, Indio, La Quinta, and County of Riverside (Members) to create a common power to jointly implement economic development programs and outreach for the Members. Members would work together and share resources for mutual support to stimulate private investment and industrial growth in economically depressed areas within the joining agencies boundaries. Members would share powers relating to the management, coordination, marketing, and administration of economic development programs and projects. The JPA will establish a “Partner” agreement for non-agency or private entities that desire to be part of the Authority in an advisory capacity. Partners would not have voting rights. Once established the Members will develop: a business plan, a marketing plan, the prioritization of key economically depressed areas, and private entity outreach. The County of Riverside, Cities of Coachella and Indio will consider the JPA at a future date. Prepared by: Gil Villalpando, Business Analyst Approved by: Frank J. Spevacek, City Manager Attachment: 1. Proposed JPA Agreement 160 12183.0001/2135967.1 1 JOINT EXERCISE OF POWERS AGREEMENT CREATING THE EAST VALLEY COALITION JOINT POWERS AUTHORITY This Joint Exercise of Powers Agreement (“Agreement”) is made and entered into this ____ day of _______, 2017 by and between the County of Riverside, the Cities of Coachella, Indio and, La Quinta and Palm Desert, the Imperial Irrigation District, a state agency, and the Cabazon Band of Mission Indians. The entities above are sometimes referred to in this Agreement individually as “Party” and collectively as “Parties. RECITALS A. The County of Riverside (“County”), the Imperial Irrigation District (“District”) and the cities of Coachella (“Coachella), Indio (“Indio”) and, La Quinta (“La Quinta”), Palm Desert (“”Palm Desert”) are public agencies authorized and empowered to contract for the joint exercise of powers under Articles 1 through 4, Chapter 5, Division 7, Title 1 (commencing with Section 6500) of the Government Code of the State of California, B. The Cabazon Band of Mission Indians, a federally recognized Indian tribe (“Cabazon Tribe”) is empowered and authorized to contract on their own behalf and as well as to contract for the joint exercise of powers under Articles 1 through 4, Chapter 5, Division 7, Title 1 (commencing with Section 6500) of the Government Code of the State of California, C. The Parties have determined that there exists a need to stimulate private investment in business and industrial growth in economically depressed areas within the boundaries of the Parties. D. The Parties share various powers relating to the management, coordination, marketing and administration of economic development programs and projects and desire to jointly exercise such power within the eastern Coachella Valley. E.The Parties desire to establish a separate public agency in order to manage, coordinate, market and administer economic development programs and projects. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions hereinafter set forth, it is agreed by and among the Parties as follows: ARTICLE 1 DEFINITIONS 1.1 Definitions. In addition to the other terms defined herein, the following terms, whether in the singular or in the plural, when used herein and capitalized shall have the meanings specified below unless the context clearly requires otherwise: 1.1.1 "Agreement" means this joint exercise of powers agreement, as originally entered into or as amended from time to time in accordance with Section 14.6 hereof. 1.1.2 “Authority" means the East Valley Coalition Joint Powers Authority duly organized and validly existing pursuant to the laws of the State of California. 161 12183.0001/2135967.1 2 1.1.3 "Executive Committee" means the East Valley Coalition Joint Powers Authority Executive Committee referred to in Section 4.1 hereof, which shall be the governing body of the Authority. 1.1.4 "Fiscal Year" means the fiscal year of the Authority as established from time to time by the Executive Committee by resolution, being at the date of this Agreement the period from July 1 in any calendar year to and including June 30 in the succeeding calendar year. 1.1.5 "Joint Powers Law" means the Joint Exercise of Powers Act, Articles 1 through 4 (commencing with Section 6500) of Chapter 5, Division 7, Title 1 of the California Government Code, as amended from time to time. 1.1.6 "Liability Share" means, with respect to any Member, the amount of a judgment for damages divided by the number of Members at the time the act or omission occurred, unless any portion of the judgment arises from an act or omission directly related to the studying, planning, financing, developing, acquiring, purchasing, construction, reconstructing, implementing, improving, enlarging, enhancing, operating, maintaining, selling, disposing of, or decommissioning of any project undertaken by the Authority under this Agreement, in which case, with respect to such portion, the term "Liability Share" shall mean, with respect to any Member, the amount of such portion multiplied by a fraction equal to (1) such Member's entitlement or right, if any, to participate in such project at the time the act or omission occurred, divided by (2) the aggregate amount of all Member's entitlements or rights to participate in such project at the time the act or omission occurred. 1.1.7 "Local Agency" means each of the Members, any agency or subdivision of a Member, and any other city, county, city and county, authority, district, or public corporation of the State of California. 1.1.8 "Members" means, collectively, all of the parties to this Agreement, which parties shall initially consist of the County, District, Coachella, Indio, La Quinta, Palm Desert and Cabazon Tribe, and which shall include all additional parties hereto that become Members pursuant to the provisions of Section 8.1 hereof; provided, however, that the term "Member" shall not include any entity which shall have withdrawn or been excluded from the Authority pursuant to Section 11.2 hereof. 1.1.9 “Partners” means a non-Member agency or private entity that desires to be part of the Authority in an advisory capacity as further described in this Agreement provided that the Partner has been accepted into the Authority by the unanimous vote of the Executive Committee and payment to the Authority of all fees, contributions and/or expenses set by the Executive Committee for Partner membership. 1.1.10 "Public Agency" has the meaning given to the term "public agency" in Article 1 of the Joint Powers Law. 1.1.11 “Territorial Boundaries” means the lands situated within the unincorporated areas of the Coachella Valley situated in the County of Riverside, the lands situated within the jurisdictional boundaries of the cities of Coachella, Indio, La Quinta and Palm Desert. ARTICLE 2 PURPOSE AND CREATION 162 12183.0001/2135967.1 3 2.1 Effective Date. This Agreement shall become effective on the date this Agreement is approved by the last legislative body of a Member and such date shall be inserted in the first paragraph of this Agreement. (“Effective Date”). 2.2 Purpose. This Agreement is made pursuant to the Joint Powers Law providing for the joint exercise of powers common to the Members for the purpose of managing, coordinating, marketing, and administering economic development programs and projects in Coachella Valley within the Territorial Boundaries. Other purposes of this Agreement include implementing joint marketing programs, development of a comprehensive economic plan and implementation strategy, act as a clearinghouse for small business assistance to aid start-up and business expansion efforts within the Territorial Boundaries, serve as a one-stop assistance center for various development needs, services, job creation efforts and other economic development incentives, seek private sector, federal, state and local funds to further the purposes of the Authority, coordinate with the private sector for input into financial programs, development programs and other Authority projects, conduct any transactions or functions authorized by the Joint Powers Law and other laws, and perform such other functions as may be deemed necessary and appropriate to meet the purposes and objectives of the Authority. 2.3 Creation of Authority. There is formed as of the Effective Date a public agency named the East Valley Coalition Joint Powers Authority. Pursuant to the Act, the Authority is a public entity separate and apart from the Parties. Pursuant to Government Code Section 6508.1, the debts, liabilities, and obligations of the Authority shall not constitute debts, liabilities, or obligations of any Party. ARTICLE 3 POWERS OF AUTHORITY 3.1 Powers. The Authority shall have all the powers common to the Parties and such additional powers accorded to it by law. The Authority is authorized, in its own name, to exercise all powers and do all act necessary and property to carry out the provisions of this Agreement and fulfill its purposes, including, but not limited to, each of the following: 3.1.1 To make and enter into contracts, leases and other agreements, including purchasing of insurance, office supplies and equipment. 3.1.2 To employ agents, employees, consultants, advisors, independent contractors and other staff subject to compliance with California Government Code Section 6522. 3.1.3 To sue and be sued in its own name. 3.1.4 To incur debts, liabilities or obligations, which do not constitute a debt, liability or obligation of any Member. 3.1.5 To receive gifts, contributions and donations of property, funds, services and other forms of assistance from persons, firms, corporations, and governmental entities, provided that the Authority consents to such gifts, contributions and donations; 3.1.6 To fix the compensation, if any, paid to its officers, employees and contractors, in compliance with all applicable laws; 163 12183.0001/2135967.1 4 3.1.7 To prescribe the duties, compensation and other terms and conditions of employment of other agents, officers and employees; 3.1.8 To adopt reasonable rules and regulations for the conduct of the day-to- day operations of the Authority; 3.1.9 To apply for, accept, receive and disburse grants and other aid from any agency of the United States of America or of the State of California; 3.1.10 To invest any money in the treasury that is not required for the immediate necessities of the Authority pursuant to Government Code section 6509.5. 3.1.11 To receive and use contributions and advances as provided in Section 6504 of the Joint Powers Act, including contributions or advances of personnel, equipment or property. 3.1.12 To carry out and enforce all provisions of this Agreement; and 3.1.13 To exercise any and all powers that are provided for in the Act and in Section 6588 of the Government Code, as they exist on the Effective Date of this Agreement or may hereafter be amended, except that the Authority shall not have the power to authorize or issue bonds pursuant to the Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584)); acquire or dispose of real property except for a lease to provide office space for the Authority; nor exercise any land use authority. 3.2 Limitation on Powers. As required by Government Code Section 6509, the power of the Authority is subject to the restrictions upon the manner of exercising power possessed by the County of riverside and any other restrictions on exercising the powers of the Authority that may be adopted by the Executive Committee. ARTICLE 4 GOVERNANCE AND INTERNAL ORGANIZATION 4.1 Executive Committee. The governing body of the Authority shall be an Executive Committee and shall be known as the “Executive Committee of the East Valley Coalition.” Except as otherwise provided for in this Agreement, the powers of the Authority shall be vested in and exercised by the Executive Committee, which shall have all powers without limitation to conduct all business and activities of the Authority. 4.2. Appointment. Each Member shall designate and appoint by resolution or minute order of its governing body the following: (a) one person to serve as its representative on the Executive Committee (“EC Representative”); and (b) one person to serve as an alternate that is authorized to attend, participate in and vote at any meeting of the Authority Executive Committee, when its regular representative is absent (“Alternate”). The EC Representative and Alternate of a Member that is a municipality shall be shall be a current member of that Member’s legislative body. The EC Representative and Alternate of a Member that is an entity that is not a municipality shall be an employee of the appointing Member. The EC Representative and Alternate shall serve at the pleasure of the Member that appointed him or her and may be removed at any time by the legislative body of the appointing Member. 164 12183.0001/2135967.1 5 4.3. Membership. Each EC Representative and Alternate shall serve for a term of two (2) years. 4.4 Powers of the Executive Committee. All the power and authority of the Authority shall be exercised by the Executive Committee. The Executive Committee shall conduct or authorize to be conducted all business and activities of the Authority consistent with this Agreement, Authority documents (i.e. resolutions, duly adopted motions, etc.) and applicable law. 4.5 Provision for Bylaws. The Executive Committee may cause to be developed and may adopt, from time to time, such bylaws for the Authority to govern its operations. Each Member shall receive a copy of any bylaws developed and adopted under this Section. 4.6 Compensation and Expenses. EC Representatives and Alternates shall not receive any compensation from the Authority for their service on the Executive Committee. However, the Executive Committee may, by resolution, adopt a policy for the reimbursement actual and necessary expenses incurred in the performance of official duties for the Authority. 4.7 Advisory Boards and Committees. The Executive Committee may establish any advisory commissions, board and committees as the Executive Committee deems appropriate to assist it in carrying out its functions and implementing the purpose of the Authority and the provisions of this Agreement. 4.8 Management Committee. The Executive Committee may appoint, if deemed necessary by a majority vote of the Executive Committee, a Management Committee consisting of a staff member employed by each Member as designated by the respective EC Representative, for purposes of advising the General Manager and/or the Executive Committee on any issues related to the implementation of the purposes of the Authority (hereinafter referred to “Manager”). In addition, an alternate representative to the Manager may also be appointed and such alternate shall attend any meetings when the Manager is not available. The person(s) so appointed shall possess technical expertise in the area of economic development. 4.9 Partner Advisory Board. A Partner Advisory Board is hereby established to be comprised of non-Member agencies including private entities referred to as “Partners” to provide input to the Executive Committee on matters affecting the Authority, including but not limited to recommendations on policy and matters of operation. Partners are qualified to join the Partner Advisory Board upon: (i) a unanimous vote of the Executive Committee and (ii) payment to the Authority of all fees, contributions and/or expenses set by the Executive Committee for Partner membership. The Partner Advisory Board shall act in an advisory capacity to the Executive Committee and shall meet on a regular basis but not less than once per quarter. Meetings of the Partner Advisory Board shall be conducted in accordance with Section 54950 et. seq. of the Government Code and any and all laws governing public meetings. The Executive Committee may cause to be developed and may adopt by resolution, from time to time, bylaws or other regulations for the governance and operation of the Partner Advisory Board. Each partner shall receive a copy of any bylaws or regulations developed and adopted under this Section. 4.9 East Valley Coalition Board of Directors. The Executive Board may appoint an advisory board named the “East Valley Coalition Board of Directors” consisting of any number of Partners to advise the Executive Committee on matters regarding the managing, coordinating, marketing, and administering economic development programs and projects in Coachella Valley within the Territorial Boundaries of the Authority. At least ___ members of the Executive Committee shall be a member of the East Valley Coalition Board of Directors. In order to provide 165 12183.0001/2135967.1 6 guidance on the governance and operation of the East Valley Coalition Board of Directors, the Executive Committee may cause to be developed and may adopt by resolution, from time to time, bylaws or other regulations for such purposes. Each member of the Board of Directors shall receive a copy of any bylaws or regulations developed and adopted under this Section. Notwithstanding, meetings of the East Valley Coalition Board of Directors shall be conducted in accordance with Section 54950 et. seq. of the Government Code and any and all laws governing public meetings. ARTICLE 5 MEETINGS OF THE EXECUTIVE COMMITTEE 5.1 Meetings. The Executive Committee shall hold regular meetings, but shall not meet less frequently than one (1) time per calendar year. The Executive Committee may hold special meetings as needed to carry out the purposes and objectives of the Authority. The date, hour and place of the regular meetings shall be fixed by the Bylaws or resolution of the Executive Committee and filed with the governing body of each of the Members. 5.2 Ralph M. Brown Act. All meetings of the Executive Committee, including without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance with the provisions of the Ralph M. Brown Act, commencing with section 54950 et. seq. of the California Government Code, as may be amended from time to time. 5.3 Quorum. A majority of the members of the Executive Committee shall constitute a quorum for the transaction of business, except that less than a quorum may adjourn from time to time. 5.4 Voting. Each member of the Executive Committee shall have one vote. Except as otherwise provided by law or by this Agreement, all actions of the Executive Committee shall be approved by the affirmative vote of a majority of the EC Representatives present. 5.5 Minutes. The Secretary of the Authority shall cause minutes of regular, adjourned regular, and special meetings to be kept and, as soon as possible after each meeting, shall cause a copy of the minutes to be forwarded to each EC Representative and to each Member. 5.6 Rules. The Executive Committee may adopt from time to time policies, procedures, rules or regulations, for the conduct of its affairs as it deems necessary. ARTICLE 6 OFFICERS 6.1 Chair. The Executive Committee shall one of its representatives as Chair of the Executive Committee. The Chair shall preside at all meetings and shall perform such other duties as are specified by the Executive Committee. The term of office for the Chair shall be one year. 6.2 Vice Chair. The Executive Committee shall elect one of its members as 166 12183.0001/2135967.1 7 Vice Chair. The term of office for the Vice-Chair shall be one year. The Vice-Chair shall perform all the duties of the Chair in the absence of the Chair or in the event the Chair is unable to perform his or her duties and shall perform such other duties as are specified by the Executive Committee. The position of Vice Chair shall automatically rotate into the position of Chair after the completion of Chair’s term and a new Vice Chair shall be appointed by the Executive Committee. The Executive Committee shall appoint a Vice Chair who was not been previously appointed, unless all current EC Representatives have either served or have been offered an appointment and declined to serve. If a Member replaces a Representative who serves as Chair or Vice Chair, the new Representative shall automatically accede to the post of his or her predecessor. 6.3. Secretary. The Executive Committee shall select a Secretary who shall serve at the pleasure of the Executive Committee. The Secretary need not be a member of the Executive Committee. The Secretary shall be responsible for keeping the minutes and other records of the proceedings of the Executive Committee including maintaining all other official records of the Authority and shall perform such other duties as the Executive Committee specifies. 6.4 Treasurer. The Executive Committee shall appoint a qualified person to act as the Treasurer, who need not be a member of the Executive Committee. Unless otherwise exempted from such requirement, the Authority shall cause an independent audit to be made by a certified public accountant, or public accountant, in compliance with Section 6505 of the Act. The Treasurer shall act as the depositary of the Authority and have custody of all the money of the Authority, from whatever source, and as such, shall have all of the duties and responsibilities specified in Section 6505.5 of the Act. The Treasurer shall report directly to the Executive Committee and shall comply with the requirements of treasurers of incorporated municipalities. The Executive Committee may transfer the responsibilities of Treasurer to any person or entity as the law may provide at the time. 6.5 Auditor. The Executive Committee shall appoint a qualified person to act as the Auditor, who shall not be a member of the Executive Committee. The Executive Committee may require the Auditor to file with the Authority an official bond in an amount to be fixed by the Executive Committee, and if so requested the Authority shall pay the cost of premiums associated with the bond. A report of the financial audit shall be filed as a public record with each Party. The Authority shall pay the cost of the financial audit in the same manner as other administrative costs. 6.6 Official Bond. Pursuant to Government Code section 6505.1, the public officer, officers or persons who have charge of, handle or have access to any property of the Authority shall file an official bond in an amount to be fixed by the Executive Committee. 6.7 Other Officers and Employees. The Executive Committee shall have the power to create and appoint and/or employ, by contract or otherwise, a General Manager and such other officers, employees, consultants and independent contractors as it may deem necessary to carry out the business of the Authority, any of whom may be employees of a Member, and who shall have such powers, duties and responsibilities as are determined by the Executive Committee and whom shall hold office for such period as the Executive Committee may authorize or determine. 6.8 Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, disability, workers’ compensation and other benefits which apply to the activities of officers, agents or employees of a public agency when performing their respective functions shall apply to them in the same degree and extent while engaged in the performance of any of the functions and other duties under this Agreement. 167 12183.0001/2135967.1 8 None of the officers, agents, or employees directly employed by the Authority shall be deemed, by reason of their employment by the Authority, to be employed by any of Members or, by reason of their employment by the Authority, to be subject to any of the requirements of any of the Members. 6.9 Official Bond. Pursuant to Government Code section 6505.1, the public officer, officers or persons who have charge of, handle or have access to any property of the Authority shall file an official bond in an amount to be fixed by the Executive Committee, and if so requested the Authority shall pay the cost of premiums associated with the bond. 6.10 Conflict of Interest Code. The Authority by resolution shall adopt by reference a Conflict of Interest Code as required by the Political Reform Act, commencing with Section 81000 of the California Government Code. ARTICLE 7 EXPANSION OF THE AUTHORITY 7.1 Additional Members. 7.1.1 Additional entities that qualify to join a joint powers authority under the Joint Powers Law may become a party to this Agreement at any time by: (a) a unanimous vote of the Executive Committee; (b) approval of this Agreement by the legislative body of the new party; (c) approval of an amendment to this Agreement by the legislative body of each current Member; and (d) payment to the Authority of all fees, contributions, and/or expenses set by the Executive Committee for the purpose of sharing all costs and expenses. 7.1.2 Partners may become a member of the East Valley Coalition Board of Directors Partner Advisory Board at any time by: (a) submittal of an application in the form provided by the Authority; (b) approval of the application by a unanimous vote of the Executive Committee; and (c) payment to the Authority of all fees, contributions, and/or expenses set by the Executive Committee for Partners. 7.2. Continuing Participation. The Parties acknowledge that Authority membership may increase or decrease by the addition and/or withdrawal of a Member. The Parties agree to participate with such other Parties as may later be added. The Parties also agree that the withdrawal of a Party shall not affect this Agreement or the remaining Parties’ continuing obligations herein. ARTICLE 8 FINANCING AND BUDGETING 8.1 Fiscal Year. The first fiscal year of the Authority is the period from the Effective Date through June 30, 2018. Thereafter, the fiscal year of the Authority shall be the period commencing on July 1 of each year and ending on and including the following June 30. 8.2 Minimum Mandatory Contribution. Each Member and Partner shall contribute annually a minimum monetary contribution of $_________10,000.00 (“Minimum Contribution”) billed at the beginning of the fiscal year, payable either in whole or quarterly as determined by the 168 12183.0001/2135967.1 9 Executive Committee. It is understood that as of the Effective Date of this Agreement, the Parties to this Agreement have already made an annual contribution of $_________10,000 either in whole or in part under an existing “Memorandum of Understanding” and that said monies will be transferred to the Authority upon this Effective Date of this Agreement. Accordingly, the annual contribution made by the Member and/or Partner pursuant to that Memorandum of Understanding shall be credited (in a pro-rata amount) towards the Member’s Minimum Contribution under the first fiscal year of the Authority and to the extent necessary, the fiscal year immediately following the first. 8.3 Annual Contributions. Annually, and prior to July 1 of each year, the Executive Committee may determine that an increase to the Minimum Contribution is warranted. In such case, the increase may be established if it is approved by a unanimous vote of the Executive Committee and by the legislative body of each Member. If so approved, that amount will be paid by the Members, including Partners. If the increase is not approved in the manner provided for herein, the amount of the annual contribution to be paid by the Member shall default to the Minimum Contribution level established by Section 8.2. The Executive Committee may adopt a cost sharing formula for determining contributions from its Members, including Partners. Once established, the annual contribution is payable in quarterly payments or such other payment schedule as established by the Executive Committee. 8.4 Budget. The Executive Committee shall adopt a budget for the first fiscal year as soon as practicable after the formation of the Authority. For each subsequent year, the Executive Committee shall adopt an annual budget no later than 30 days prior to the beginning of each fiscal year. Nothing in this Section shall prevent the Authority from approving a two-year budget. In the event the Executive Committee fails to timely approve a budget due to a tie vote or any other reason, then the prior year’s annual budget shall automatically continue in effect – with a cost of living adjustment for expenditures to reflect the prior year’s change in the Consumer Price index for all Urban Consumers for the Western Urban Area as of April 1 as reported by the U.S. Bureau of Labor Statistics – until the Executive Committee adopts a new, superseding budget. This budget shall be adopted by a majority vote of all members of the Executive Committee, and is not subject to approval or ratification by the governing bodies of the Parties. 8.5 Dispersal of Funds. Funds may not be disbursed by the Authority without approval of the adopted budget as specified in this Article 9 and all receipts and disbursements shall be in strict conformance with the adopted and approved budget. 8.6 Accounting. The Authority is responsible for the strict accountability of all funds and reports of all receipts and disbursements. It will comply with all provisions of law relating to the establishment and administration of funds, including, but not limited to, Section 6505 of the Government Code. 8.7 Additional Contributions and Advances. Pursuant to Government Code Section 6504, the Members may in their discretion make financial contributions, loans or advances to the Authority for the purposes of the Authority set forth in this Agreement. The repayment of such contributions, loans or advances will be on the written terms agreed to by the Member making the contribution, loan or advance and the Authority. ARTICLE 9 SPECIAL PROJECTS 169 12183.0001/2135967.1 10 9.1 Special Projects. The Executive Committee may approve and establish certain special projects that serve a specific objective and may involve all or a limited number of the Parties. For each approved special project, the Executive Committee shall establish a separate project budget and the participating Members shall execute a separate special project agreement to provide for additional project-specific contributions, obligations, and rights of the participating Parties and the Authority. A sub-committee for the special project shall consist of the Manager or the EC Representative, at the EC Representative’s discretion, of each participating Member. 9.2 Written Approval. No Member may participate in a special project without written approval the Member’s governing body in the form of a certified resolution or minute order. The governing body of the Member must approve their involvement in the special project and any additional contribution to the special project budget. ARTICLE 10 PURPOSELY LEFT BLANK ARTICLE 11 TERM; WITHDRAWALS; DISSOLUTION 11.1 Term. This Agreement shall become effective and the Authority will come into existence as a separate public agency on the Effective Date. This Agreement shall thereafter continue in full force and effect until terminated as provided for herein. Notwithstanding, this Agreement and the Authority shall continue to exist for the purpose of disposing of all claims, distribution of assets, and all other functions necessary to conclude the affairs of the Authority. The withdrawal of a Member shall not terminate that Member’s responsibility to contribute to its share of any obligation incurred by the Executive Committee, including amounts determined by the Executive Committee for (1) liabilities and claims accrued during the time the agency was a Member Agency or (2) budgeted expenses for the Fiscal Year in which notice of intent to withdraw is given if such contribution has been approved by the Member as provided for this Agreement 11.2 Withdrawal or Exclusion of a Member. 11.2.1 Any Member may withdraw from the Authority by filing with the Executive Committee a certified copy of a resolution of its governing body expressing its desire to so withdraw at least six (6) months prior to the close of a fiscal year. The withdrawal shall be effective at the end of the fiscal year. A Member’s withdrawal shall not relieve the withdrawing Member of its financial obligations previously incurred by it under this Agreement. Upon withdrawal of a Party from the Authority, the withdrawing Party shall not receive any of the assets of the Authority unless the Authority is dissolved and the assets are distributed. Notwithstanding, if the Minimum Contribution has already been paid, the Member is not entitled to a refund upon withdrawal. 11.2.2 Upon compliance with the conditions specified in Section 11.2.1 above, the withdrawing Member shall no longer be considered a Member for any reason or purpose under this Agreement and its rights and obligations under this Agreement shall terminate. The withdrawal of a Member shall not affect any obligations of such Member under any contract between the withdrawing Member and the Authority. 170 12183.0001/2135967.1 11 11.2.3 Any Member which has (1) defaulted under a contract with the Authority, or (2) failed to pay any required contributions, payments or advances in accordance with this Agreement may have its rights under this Agreement terminated and may be excluded from participating in the Authority by a vote of a majority of the members of the Executive Committee voting on the matter (excluding from voting the member(s) of the Executive Committee, if any, representing the defaulting Member). Any excluded Member shall continue to be liable for its obligations under any contract with the Authority and for any unpaid contribution, payment or advance approved by the Executive Committee if such unpaid contribution, payment or advance was approved prior to such Member's exclusion. 11.2.4 No withdrawal from membership pursuant to Sections 11.2.1 or exclusion from participation pursuant to Section 11.2.3 hereof shall constitute an amendment or modification of this Agreement for purposes of Section 14.6 hereof. 11.4 Dissolution. Upon the dissolution or termination of the Authority, and after payment or provision for payment, all debts and liabilities, the assets of the Authority may be sold and the proceeds thereof distributed to the Parties in proportion to each Party’s contributions to the Authority. ARTICLE 12 LIABILITY, INDEMNITY AND INSURANCE 12.1 Liability of Executive Committee Members, Officers or Employees. 12.1.1 The members of the Executive Committee, Management Committee, and officers and employees of the Authority shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. No current or former member, officer, agent or employee of the Authority shall be individually or personally liable for the payment of the principal of or premium or interest on any obligations of the Authority or be subject to any personal liability or accountability by reason of any obligations of the Authority, but nothing herein contained shall relieve any such member, officer, agent or employee from the performance of any official duty provided by law or by the instruments authorizing the issuance of any obligations of the Authority. Nothing contained in this Agreement shall in any way diminish the liability of any Member or other party with respect to any contract between such Member or other party and the Authority. 12.1.2 If any Executive Committee or Management Committee member or any officer or employee of the Authority shall be sued, either alone or with others, because he or she is or was a Executive Committee member or an officer or employee of the Authority, in any proceeding arising out of his or her alleged misfeasance or nonfeasance in the performance of his or her duties or out of any alleged wrongful act against the Authority or by the Authority, the Authority shall defend and indemnify such persons, including reasonable attorneys' fees incurred in the defense of the proceedings, if the person sued acted in good faith and in a manner such person reasonably believed to be in the best interests of the Authority and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful. 12.2 Liability Contribution. Pursuant to the Joint Powers Law, the debts, liabilities and obligations of the Authority shall not be the debts, liabilities and obligations of the Members, except as provided by Section 895.2 of the California Government Code, as amended from time to time, in the case of injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement. If any Member is held liable upon any judgment for damages 171 12183.0001/2135967.1 12 caused by a negligent or wrongful act or omission occurring in the performance of this Agreement, and pays in excess of its Liability Share of such judgment, such Member shall be entitled to contribution from each other Member and may require each other Member to pay an amount towards the judgment for damages, but in no event shall any such other Member be required to pay in excess of its Liability Share of such judgment. 12.3 Indemnity by Authority. Except as otherwise set forth in this Agreement, the Authority shall defend, indemnify, and hold harmless each Party and each of their officials, officers, agents, and employees (collectively, the “Indemnitees of the Authority”), from all claims, losses, damages, costs, injury, and liability of every kind, nature, and description that directly or indirectly arises from the performance of any of the activities of the Authority undertaken pursuant to this Agreement. The Authority shall reimburse the Indemnitees of the Authority for any reasonable court costs and attorneys’ fees that the Indemnitees of the Authority may incur as a result of such action. Indemnitees of the Authority may, at their sole and absolute discretion, participate in the defense undertaken by the Authority or retain separate counsel whose attorneys’ fees and costs shall be paid by the Authority. 12.4 Indemnity by Party. Each Party shall defend, indemnify, and hold harmless, the Authority and the other Party, and their respective officials, officers, agents, and employees (collectively “Indemnities of the Party”) from all claims, losses, damages, costs, injury, and liability of every kind, nature, and description that directly or indirectly arises from the performance of any of the activities of the indemnifying Party undertaken pursuant to this Agreement. The indemnifying Party shall reimburse the Indemnities of the Party for any reasonable court costs and attorneys’ fees that the Indemnities of the Party may incur as a result of such action. Indemnities of the Party may, at their sole and absolute discretion, participate in the defense undertaken by the indemnifying Party or retain separate counsel whose attorneys’ fees and costs shall by paid by the indemnifying Party. 12.5 Insurance. The Authority shall procure, carry, and maintain in full force and effect at all times during the term of this Agreement, at its sole cost and expense, and until the termination of this Agreement, insurance coverage, which shall be maintained with insurers and under forms of policies approved by the Executive Committee. The Executive Committee shall establish insurance requirements in the bylaws or by resolution. 12.5 Survives Termination. All duties of the Authority and the Parties under this Section shall survive termination of this Agreement. ARTICLE 13 DISPUTE RESOLUTION 13.1 Dispute Resolution. The Members shall use their best efforts to settle any dispute, claim, question or disagreement arising from or relating to this Agreement or to the interpretation of this Agreement (“Dispute”). To that end, representatives of the Members shall consult and negotiate with each other in good faith and, recognizing the mutual interests of the Members, attempt to reach a just and equitable solution satisfactory to all Members. If the representatives of the Members do not reach such a solution within a period of thirty (30) days after their first meeting regarding a Dispute, then the Members shall convene a meeting of the Executive Committee within sixty (60) days after the first meeting of the Party representatives regarding a Dispute and request that the Executive Committee settle the Dispute at the meeting. If the Executive Committee does not settle the Dispute at that Executive Committee meeting or within 172 12183.0001/2135967.1 13 seven (7) calendar days after that Executive Committee meeting, any Party may request a voluntary mediation of the Dispute to be held within thirty (30) days after the request for mediation. If mediation is not requested or is unsuccessful, any Party may pursue any and all legal and equitable remedies that may be available. A Party who disputes any amount it is to pay to Authority or the other Party in connection with this Agreement shall first pay the disputed amount to Authority or other Party under protest before commencing Dispute resolution under this Section. The respective costs of each Party for resolving any Dispute shall be borne by the individual Members, not Authority. ARTICLE 14 MISCELLANEOUS PROVISIONS 14.1 Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed served, given or made if delivered (i) in person on the date of delivery; (ii) on the third day after mailing, if mailed, postage prepaid, by registered or cer tified mail (return receipt requested); or (iii) on the day after mailing if sent by a nationally recognized overnight delivery service which maintains records of the time, place, and recipient of delivery, to the person designated by such Member or the Authority upon the commencement of its membership in the Authority. A Member, at any time, by written notice to each other Member and the Authority, may designate different persons or different addresses for the giving of notices, demands or requests to it hereunder. The Authority may, at any time, by written notice to each Member, designate a different or additional person or a different address for giving notices, demands or requests to it hereunder. 14.2 Section Heading. All section headings in this Agreement are for convenience and reference only and are not to be construed as modifying or governing the language in the section referred to or to define or limit the scope of any provision of this Agreement. 14.4 Further Assurances. Each Member agrees to execute and deliver all further instruments and documents, and take any further action that may be reasonably necessary, to effectuate the purposes and intent of this Agreement. 14.4 Law Governing. This Agreement is made in the State of California under the constitution and laws of the State of California, and is to be so construed. 14.5 Agreement Complete. The foregoing constitutes the full and complete Agreement of the Members. There are no oral understandings or agreements not set forth in writing herein. 14.6 Amendments. This Agreement may be amended at any time, by written agreement executed by all then-current Members. The purpose of any such amendment can be the addition of new Member Agencies to the Authority. 14.7 Enforcement by Authority. The Authority is hereby authorized to pursue any or all legal or equitable remedies, including but not limited to injunction and specific performance, necessary or permitted by law or equity to enforce this Agreement. 14.8 Severability. In the event that any term, covenant or condition of this Agreement or the application of such term, covenant or condition shall be held invalid as to any person or circumstance by any court having jurisdiction in the premises, all other terms, covenants and 173 12183.0001/2135967.1 14 conditions of this Agreement and their application shall not be affected thereby, but shall remain in full force and effect. 14.9 Execution of Contracts. The Executive Committee, except as otherwise provided in this Agreement, may authorize any officer or officers, agent or agents, to enter into any contract or execute any contract or execute any instrument in the name of and on behalf of the Authority and such authorization may be in general or confined to specific instances and unless so authorized by the Executive Committee, no officer, agent or employee shall have any power or authority to bind the Authority by any contract or engagement or to pledge its credit or to render it liable for any purpose or in any amount. 14.10 Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the Members. No Member may assign any right or obligation hereunder without the prior written consent of the other Members and any attempt to assign without such consent is null and void. The immediately preceding sentence shall not affect any right of assignment under any other contract between any Member and the Authority. 14.11 Agreement Not for Benefit of Third Parties. This Agreement will not be construed as or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties will have any right of action under this Agreement for any cause whatsoever. Any services performed or expenditures made in connection with this Agreement by any Party will be deemed conclusively to be for the direct protection and benefit of the inhabitants and property within the jurisdiction of such Party. No person or entity, other than the Parties and their permitted successors and assigns, is authorized to enforce the provisions of this Agreement. 14.12 Execution of Counterparts. This Agreement may be executed in any number of counterparts. All such counterparts shall be deemed to be originals and shall together constitute but one and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as attested by their proper officers thereunto duly authorized, on the day and year set forth below, making the same effective on the date signed by the last of all Parties hereto. [Remainder of Page Intentionally Left Blank] 174 12183.0001/2135967.1 15 COUNTY OF RIVERSIDE By: ATTEST: __________________________________ Clerk of the Executive Committee 175 12183.0001/2135967.1 16 CITY OF COACHELLA By: Mayor ATTEST: __________________________________ City Clerk APPROVED AS TO FORM: __________________________________ City Attorney 176 12183.0001/2135967.1 17 CITY OF INDIO By: Mayor ATTEST: __________________________________ City Clerk APPROVED AS TO FORM: __________________________________ City Attorney 177 12183.0001/2135967.1 18 CITY OF LA QUINTA By: Mayor ATTEST: __________________________________ City Clerk APPROVED AS TO FORM: __________________________________ City Attorney 178 12183.0001/2135967.1 19 CITY OF PALM DESERT By: Mayor ATTEST: __________________________________ City Clerk APPROVED AS TO FORM: __________________________________ City Attorney 179 12183.0001/2135967.1 20 IMPERIAL IRRIGATION DISTRICT By: Chair ATTEST: __________________________________ District Clerk APPROVED AS TO FORM: __________________________________ General Counsel 180 12183.0001/2135967.1 21 CABAZON BAND OF MISSION INDIANS By: ATTEST: __________________________________ APPROVED AS TO FORM: __________________________________ General Counsel 181 182 City of La Quinta CITY COUNCIL MEETING: March 6, 2018 STAFF REPORT AGENDA TITLE: ADOPT A RESOLUTION TO VACATE A 2,383-SQUARE-FOOT PORTION OF PALOMA COURT AT CALLE PALOMA RECOMMENDATION Adopt a resolution to vacate a 2,383-square-foot portion of Paloma Court at Calle Paloma. EXECUTIVE SUMMARY Malia Monroe and William Davis (Applicant) have filed a street vacation application to vacate a portion of Paloma Court fronting the house at 50925 Paloma Court. The right-of-way proposed to be vacated is not needed for street purposes. Southern California Gas Company and Coachella Valley Water District have requested easements over the proposed street vacation area but no utility agency has submitted objections to the street vacation proposal. This proposed vacation is consistent with the La Quinta General Plan. FISCAL IMPACT - None. BACKGROUND/ANALYSIS The portion of Paloma Court was dedicated for public use on the subdivision map for Desert Club Tract Unit 5 in 1946. The street configuration was changed when the City constructed Paloma Court under Assessment District 91-1B, creating an area that is not needed for street purposes. Applicant wishes to build a future addition to the house and filed an application to vacate the right-of-way fronting 50925 Paloma Court to meet setback requirements for the future addition. The proposed street vacation area is shown in Attachment 1. No local agency has submitted objections to the street vacation proposal; however, Southern California Gas Company and Coachella Valley Water District (CVWD) have requested an easement over the entire street vacation area. AGENCY AND PUBLIC REVIEW Public Notice Notice regarding the proposed street vacation was mailed out to real property owners within five hundred feet of the proposed street vacation, and the Public Hearing notice was published in The Desert Sun on February 22, 2018. To date, no comments received and comments from other utility agencies and the Planning Division were considered. PUBLIC HEARING ITEM NO. 1 183 Environmental Review The Design and Development Department has determined the proposed action is categorically exempt under California Environmental Quality Act (CEQA), Section 15301 –Class 1(c). ALTERNATIVES Council may choose to not approve the street vacation, or incorporate any adjustments deemed appropriate in order to approve the street vacation. Prepared by: Bryan McKinney, P.E., City Engineer Approved by: Frank J. Spevacek, City Manager Attachment: 1. Vicinity Map 184 185 186 187 188 EXHIBIT A 189 190 EXHIBIT B 191 192 VICINITY MAP AREA TO BE VACATED 50925WASHINGTON STPA L O M A C O U R T CALLE PALOMAATTACHMENT 1 ± 193 194 REPORTS AND INFORMATIONAL ITEM NO. 28 Palm Springs Airport Commission Report Meetings on – January 10 and February 14, 2018 Airport Commission Meeting Budget and Finance Report: 2017 year end statistics are now available and very positive: Total passengers are up 5.10% representing 2,100,072. Best month continues to be March with 314,870 and lowest month is August with 76,752. The largest growth was in the month of December with a 10.4% increase over 2016. Discussion and Action Report: ‐ Airport Commission Meetings: ‐ December 13, 2017 Meeting: Although I was not able to attend this meeting, an important recap is that a vote was taken on requesting that the City of Palm Springs supporting the Air Traffic Control Reform Act was not approved based on it being a tie vote. No doubt this will be brought forward again in the next few months for a recount. ‐ January 10, 2018 Meeting: Primary discussion was based on presentation by Palm Springs Bureau of Tourism Advertising and Marketing Program and how it is a strong driver of tourism for the airport. Their focus is on the direct flight market and they bring press trips to the valley for site inspections, print 200,000 visitor’s guide which are distributed at the airport in the baggage claim area and also attend consumer travel shows touting our destination. From their website they send a monthly visitor newsletter which is sent to 320,000 individuals. The bureau is primarily underwritten by City of Palms Springs who funds the Tourism Bureau $2 million annually. ‐ February 14, 2018 Meeting: A short meeting with a brief presentation by the Civil Air Patrol and their mission. They are based at the airport and utilize the PS Air Museum for their meetings. Excellent feedback on billboard campaign throughout the Coachella Valley to promote the non-stop service with the tagline “Easy Come, Easy Go”. A kiosk concession bid will be open late Spring for retail items such as t-shirts and caps. A few members of the public spoke about their concern with airport noise as they live in close proximity to the airport. Next Airport Commission Meeting is March 14. Marketing Commission Meeting is March 7. 195 196 HAND OUTS CITY COUNCIL MEETING MARCH 6, 2018 COUNCIL MEETING - MARCH 6, 2018 - HAND-OUT BY JEANNE LAWTON & TIM GISI STUDY SESSION ITEM NO. 2 - CONVERSION OF TENNIS COURT TO 4 PICKLEBALL COURTS AT FRITZ BURNS PARK COUNCIL MEETING - MARCH 6, 2018 - HAND-OUT BY LA QUINTA RESIDENTS STUDY SESSION ITEM NO. 2 - CONVERSION OF TENNIS COURT TO 4 PICKLEBALL COURTS AT FRITZ BURNS PARK COUNCIL MEETING - MARCH 6, 2018 - HAND-OUT BY STAFF STUDY SESSION ITEM NO. 3 - EAST VALLEY COALLITION JOINT POWERS AGREEMENT FOR REGIONAL ECONOMIC DEVELOPMENT POWER POINTS CITY COUNCIL MEETING MARCH 6, 2018 3/7/2018 1 City Council Meeting March 6, 2018 City Council Meeting March 6, 2018 B1 – Auto Dealerships’ Frontage 3/7/2018 2 Current Frontage Signage 3/7/2018 3 Proposed Frontage •New sidewalk •New signage •New landscaping •New paver retaining wall •55 display pads with upligting Signage 3/7/2018 4 Signage Next Steps Create formal agreement outlining: •City’s role •Dealers’ role  •Site plan Planning Commission will review and recommend  future project entitlements 3/7/2018 5 City Council Meeting March 6, 2018 B2 – Purchase of Office 365 Licenses 3/7/2018 6 What We Use •Microsoft products for 20+ years •Current use: –Windows operating systems –Exchange email system –Office software programs –Windows server systems Software‐as‐a‐Service (SaaS)  AKA “Cloud” •Server systems approaching End‐of‐Life •Current SaaS based software: –Tyler –TrakIt –Laserfiche •Extensive research of Office 365 3/7/2018 7 Office 365 Benefits •New domain (@laquintaca.gov) •Latest versions of Office products •New collaborative tools –Word, Excel, PowerPoint –Teams –Planner –Flow –Yammer Security Benefits •Government ONLY data centers –Data hosted in USA only –Federal Information Security Management Act  (FISMA)/Federal Risk and Authorization  Management Program (FEDRAMP) Compliant  •Built‐in data disaster recovery solution 3/7/2018 8 Enterprise Agreement •Required for Government ONLY data centers •Purchase under RIVCO Master Agreement –Leverage buying power –Pre‐negotiated rates with Insight Public Sector Questions? 3/7/2018 9 City Council Meeting March 6, 2018 B3 – National Fitness Court Equipment 3/7/2018 10 National Fitness Campaign (NFC) •Dedicated to building healthy communities •Recognized La Quinta’s commitment to fitness •Invited City to apply for Fitness Court 3/7/2018 11 Fitness Court Location LA QUINTA  HIGH SCHOOL LA QUINTA PARK Fitness Court Location 3/7/2018 12 Cost NFC Fitness Equipment *$75,000 Concrete Pad $30,000 Poured Sports Surface $18,000 Bolt‐on equipment installation $0 (City Staff) Total $123,000 *$90,000 Fitness Equipment ‐ $10,000 Fit Radio Grant ‐ $5,000 Sports Floor Material Credit = $75,000 Remaining Production and Launch •8 week production schedule •NFC plans launch event with national and local  promotion •Mid‐April launch event 3/7/2018 13 Questions? 3/7/2018 14 City Council Meeting March 6, 2018 SS1 – Update on Public Safety Camera System Timeline  Ad Hoc  Formed (Oct.  2016) Survey Issued  (Feb.‐ Mar.  2017) Council Input (July 5, 2017) GEM Article (Sept. 2017) Community  Meetings    (Oct. to Nov.  2017) Focus Groups  (Jan. to Feb.  2018) Council Update  (March 6,  2018) Commission  Meetings  (March. to  April 2018) Grant &  Technical  Requirements Council Update  (June 2018) 3/7/2018 15 Community Input Survey (714 respondents) Community Meetings (4 meetings, 41 attendees) Focus Groups (Approx. 47 attendees) Results Community Outreach Results 0% 20% 40% 60% 80% 100% In Support Against Undecided In Support Against Undecided Survey 83% 13% 3% Focus #1 94% 6% Focus #2 80% 20% 3/7/2018 16 Focus Groups Qualitative Data Voted Highest Priorities Total Points Total # of People I would support a camera system; I do not think criminals caught on film deprives privacy. 121 27 It is important to find ways to reduce crime. 86 25 With a City-Wide Camera System, La Quinta will benefit from reduced crime, and an improved quality of life just as Redlands, Long Beach, Dallas, and Moreno Valley have. 75 23 Cameras in public parks curb bad activity, and encourage residents to use the facilities.68 26 I support the City starting with a pilot program of a much smaller magnitude to see how it works out, and grow the program progressively.59 20 3/7/2018 17 Qualitative Data Voted Least Priorities Total Points Total # of People I would not support a camera system due to loss of privacy issues. 19 4 Some countries have captured terrorists on film placing bombs and have been held for prosecution creating a methodology to fight terrorism, and save lives.95 Cameras at intersections will deter criminals and make shoppers feel safe. 7 2 I am supportive of the City paying greater than 50% of the costs for a City-Wide Camera System.53 I support the City starting a camera system with the maximum magnitude and cost.31 In Depth Most Attendees agree with the following statements: •Support a camera system •It is important to find ways to reduce crime •La Quinta will benefit from reduced crime, and an improved quality of life with a City-Wide Camera System •Support the City starting with a pilot program and grow the program progressively. •A grant is preferred way to pay for a City-Wide Camera System 3/7/2018 18 Request for Qualifications •Issued in December 2017 •10 companies responded •Evaluation –Services vary considerably –Not many companies provide a one‐stop‐shop •Design, cameras, installation, video storage and maintenance  –System Specs have to be provided –Grant Support is not usually incorporated into services  Next Steps •Policy and Grant Research •Consultant •Camera System Specs •Request for Proposals 3/7/2018 19 Questions? 3/7/2018 20 City Council Meeting March 6, 2018 SS2 –Additional Pickleball Courts at Fritz Burns Park FOUR ADDITIONAL PICKLEBALL COURTS 3/7/2018 21 City Council Meeting March 6, 2018 SS3 – East Valley Coalition 3/7/2018 22 Current MOU •A collaborative of the Cities of Coachella, Indio  and La Quinta, and County of Riverside •EVC provides economic development support  •Associate Partners are welcome Current MOU County of Riverside provides: •Executive director  •Maintain basic EVC web site •Economic development strategies •$10,000 annual contribution 3/7/2018 23 Current MOU Cities provide: •Staff in coordinating activities •$10,000 annual contribution •Develop economic development strategies •Indio serves as fiscal agent Proposed JPA •Creates binding agreement between Members  •Costs estimated $15,000 ‐ $25,000 annually •Shares resources for mutual support •Establishes “Partner” agreement for non‐ agency or private entities 3/7/2018 24 Next Steps Once established, JPA will develop: •Business plan •Marketing plan •Prioritize key economically depressed areas •Private entity outreach 3/7/2018 25 City Council Meeting March 6, 2018 PH1 – Street Vacation on Paloma Court Background •Paloma Court dedicated on 1946 subdivision map •Street configuration changed when constructed in 1991 3/7/2018 26 Proposed Street Vacation •Not needed for street purposes •Consistent with General Plan •CVWD and the Gas Company requested an easement •Allow owner to meet 20- foot setback requirement for future addition Questions? 3/7/2018 27