2015 04 07 CC
Bhsx Bntmbhk `fdmc`r `mc rs`ee qdonqsr
`qd mnv da
o`fd9 vvv-k`,pthms`-nqf
CITY COUNCIL
AGENDA
CITY HALL COUNCIL CHAMBERS
78-495 Calle Tampico, La Quinta
REGULAR MEETING ON TUESDAY, APRIL 7, 2015
3:30 P.M. CLOSED SESSION | 4:00 P.M. OPEN SESSION
CALL TO ORDER
ROLL CALL: Councilmembers: Franklin, Osborne, Peña, Radi, 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. Okd`rd bnlokdsd ` !qdptdrs sn rod`j! enql `mc khlhs xntq bnlldmsr sn
sgqdd lhmtsdr- The City Council values your comments; however in accordance with State
law, no action shall be taken on any item not appearing on the agenda unless it is an
emergency item authorized by GC 54954.2(b).
CLOSED SESSION
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT:
THE SOUTHEAST CORNER OF WASHINGTON STREET AND HIDDEN
RIVER ROAD (APNs 609-040-007, 609-040-023, 609-040-028, 609-040-
029, 609-051-007 AND 609-051-003) HOUSING AUTHORITY
NEGOTIATOR: FRANK J. SPEVACEK, EXECUTIVE DIRECTOR
NEGOTIATING PARTIES: SANDER AND PAULA SALKIND, URBAN
HOUSING COMMUNITIES AND COACHELLA VALLEY HOUSING
COALITION
UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT
QDBDRR SN BKNRDC RDRRHNM
RECONVENE AT 4:00 P.M.
CITY COUNCIL AGENDA 1
APRIL 7, 2015
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. Okd`rd bnlokdsd ` !qdptdrs sn rod`j! enql `mc khlhs xntq bnlldmsr sn
sgqdd lhmtsdr- 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
ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS
1.PROCLAMATION TO ONELEGACY IN HONOR OF APRIL AS DONATE LIFE
CALIFORNIA MONTH
CONSENT CALENDAR
NOTE: Consent Calendar items are routine in nature and can be approved by one motion.
PAGE
1. APPROVE MINUTES OF MARCH 17, 2015
7
2. APPROVE DEMAND REGISTERS DATED MARCH 13, 20 AND
13
27, 2015
3. APPROVE AMENDMENT NO. 1 TO CONTRACT SERVICES AND
25
REVOCABLE LICENSE AGREEMENT WITH LA QUINTA FARMS
FOR DUST STABILIZATION AT SILVERROCK RESORT
4. DENIAL OF CLAIM FOR DAMAGES FILED BY SHAWN
29
BLACKWELL, DATE OF LOSS JUNE 27, 2014
5. APPROVE BID DOCUMENTS AND AUTHORIZE ADVERTISEMENT
31
FOR BIDS FOR THE LA QUINTA LIBRARY LIGHT-EMITTING
DIODE LIGHTING CONVERSION PROJECT
6. CONSIDERATION OF AWARD OF A CONTRACT FOR
33
PERIMETER LANDSCAPING OF CITY-OWNED LOTS ON AVENUE
52
7. EXCUSE ABSENCES FOR ARCHITECTURAL REVIEW BOARD
37
MEMBER ROOKER AND HISTORICAL PRESERVATION
COMMISSIONER REDMOND FROM MEETINGS
CITY COUNCIL AGENDA 2
APRIL 7, 2015
PAGE
8. ACCEPT GRANT OF EASEMENT AND AGREEMENT FOR PUBLIC
39
STREET PURPOSES ON DUNE PALMS ROAD FROM THE
DESERT SANDS UNIFIED SCHOOL DISTRICT
BUSINESS SESSION
1. APPROPRIATE FUNDING, ADD FOCUSED DRAINAGE STUDY
59
PROJECT TO FISCAL YEAR 2014/2015 CAPITAL IMPROVEMENT
PROGRAM, AND APPROVE A PROFESSIONAL SERVICES
AGREEMENT WITH RBF CONSULTING FOR DRAINAGE STUDY
2. APPROVE SECOND ROUND COMMUNITY SERVICES GRANTS
101
AND FUNDING REQUESTS
3. APPROVE AMENDMENT WITH RIVERSIDE COUNTY
107
DEPARTMENT OF ANIMAL SERVICES FOR ANIMAL FIELD
SERVICES
4. INTRODUCE ORDINANCE AMENDING THREE CHAPTERS OF
111
TITLE 1 OF THE MUNICIPAL CODE RELATING TO GENERAL
PROVISIONS AND EIGHT CHAPTERS OF TITLE 2 RELATING TO
ADMINISTRATION AND PERSONNEL
A.TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND
WAIVE FURTHER READING
B.INTRODUCE ORDINANCE NO. 524 ON FIRST READING
STUDY SESSION
1. DISCUSS POTENTIAL PROJECTS TO INCLUDE IN THE FISCAL
187
YEAR 2015/2016 THROUGH FISCAL YEAR 2019/2020 CAPITAL
IMPROVEMENT PROGRAM
2. DISCUSS ESTABLISHING AN ADVISORY COMMITTEE TO
199
REPORTS AND INFORMATIONAL ITEMS
1. CVAG COACHELLA VALLEY CONSERVATION COMMISSION
(Evans)
2. CVAG ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE
(Evans)
3. CVAG EXECUTIVE COMMITTEE
(Evans)
4. GREATER PALM SPRINGS CONVENTION & VISITORS BUREAU
(Evans)
CITY COUNCIL AGENDA 3
APRIL 7, 2015
5. LEAGUE OF CALIFORNIA CITIES DELEGATE
(Evans)
6. COACHELLA VALLEY WATER DISTRICT POLICY COMMITTEE
(Evans)
7. SO. CALIFORNIA ASSOCIATION OF GOVERNMENTS
(Evans)
8. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY
(Franklin)
9. COACHELLA VALLEY MOUNTAINS CONSERVANCY
(Franklin)
10. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY
(Franklin)
11. SUNLINE TRANSIT AGENCY
(Franklin)
12. CVAG PUBLIC SAFETY COMMITTEE
(Osborne)
13. CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE
(Osborne)
14. DESERT SANDS SCHOOL DISTRICT COMMITTEE
(Osborne & Franklin)
15.
(Osborne)
16. ANIMAL CAMPUS COMMISSION
(Pena)
17. CIVIC CENTER ART PURCHASE COMMITTEE
(Pena and Radi)
18. COACHELLA VALLEY ECONOMIC PARTNERSHIP
(Radi)
19. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC)
(Radi)
20. CVAG TRANSPORTATION COMMITTEE
(Radi)
21. CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE
(Radi)
22. COMMUNITY SERVICES COMMISSION MINUTES DATED
203
FEBRUARY 9, 2015
23. PLANNING COMMISSION MINUTES DATED JANUARY 13, 2015
205
24. ARCHITECTURAL AND LANDSCAPING REVIEW BOARD
211
MINUTES DATED DECEMBER 3, 2014
25. HISTORIC PRESERVATION COMMISSION MINUTES DATED
215
FEBRUARY 19, 2015
26. INVESTMENT ADVISORY BOARD MEETING MINUTES DATED
217
JANUARY 14, 2015
DEPARTMENTAL REPORTS
1. CITY MANAGER UPDATE ON OLD TOWN ARTISAN STUDIO
221
2. COMMUNITY DEVELOPMENT
A. DEPARTMENT REPORT FEBRUARY 2015
223
B. LEAGUE OF CALIFORNIA CITIES 2015 PLANNING
227
COMMISSIONERS ACADEMY
PUBLIC HEARINGS - NONE
ADJOURNMENT
*********************************
CITY COUNCIL AGENDA 4
APRIL 7, 2015
The next regular meeting of the City Council will be held on April 21, 2015
commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. at
the City Hall Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253.
DECLARATION OF POSTING
I, Susan Maysels, City Clerk, of the City of La Quinta, do hereby declare that the
foregoing Agenda for the La Quinta City Council meeting was posted
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 April 3,
2015.
DATED: April 3, 2015
SUSAN MAYSELS, City Clerk
City of La Quinta, California
Public Notices
The La Quinta City Council Chamber is handicapped accessible. If special
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,
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.
CITY COUNCIL AGENDA 5
APRIL 7, 2015
CONSENT:1
7
8
ñ
ñ
ñ
ñ
9
10
ñ
Ñ
11
ñ
12
April 7, 2015 AGENDA CATEGORY:
CITY / SA / HA / FA MEETING DATE:
APPROVEDEMAND REGISTERS DATED
ITEM TITLE:
BUSINESS SESSION:
MARCH 13, 20, AND 27, 2015
CONSENT CALENDAR:
2
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Approve Demand Registers dated March 13, 20, and 27, 2015.
EXECUTIVE SUMMARY:
None.
FISCAL IMPACT:
Demand of Cash: -- City $ 2,669,446.61
-- Successor Agency of RDA $ 5,692.00
-- Housing Authority $ 10,828.61
-- Housing Authority Commission $ 0.00
$ 2,685,967.22
BACKGROUND/ANALYSIS:
Between City Council meetings, routine bills and payroll must be paid in order to avoid
late fees/penalties. Attachment 1 provides the detail for the weekly demand registers
from March 7 through March 27, 2015.
Warrants Issued:
106308 - 106394} $ 623,142.52
106395 - 106465} $ 97,068.09
106466 - 106553} $ 1,259,034.69
Voids} $ (00.00)
Wire Transfers} $ 327,571.45
Payroll Deposit and Check Nos. 37054-37058} $ 304,103.07
Payroll Tax Transfers} $ 75,047.40
$ 2,685,967.22
13
The most significant expenditures on the demand registers listed above are as follows:
Significant Expenditures:
Vendor: Account Name: Amount: Purpose:
Riverside Co. Sheriff Various $ 898,929.92 Police Service
12/11/14-1/07/15
Stotz Equipment Machinery $ 230,264.58 Silverrock Equipment
th
Costco Contribution $ 121,070.28 4 Quarter Sales Tax
CVAG Transportation
Uniform Mitigation
Fee TUMF $ 65,184.26 Feb-TUMF Fee
Bengal Engineering Design $ 55,977.32 Dune Palms
Water Crossing
Wire Transfers: Nine wire transfers totaled $327,571.45. Of this
amount, $158,403.53 was to Landmark for golf course management; $90,036.70 to
CalPERS for retirement costsinance Authority Debt Service
Payment (see Attachment 2 for a full listing).
ALTERNATIVES:
City Council may approve, partially approve, or reject the register of demands.
Report prepared by: Sandra Mancilla, Account Technician
Report approved for submission by: Rita Conrad, Finance Director
Attachments: 1. Demand Registers
2. Wire Transfers
14
15
16
17
18
19
20
21
22
23
24
3
25
26
27
28
4
29
30
AGENDA CATEGORY:
April 7, 2015
CITY / SA / HA / FA MEETING DATE:
BUSINESS SESSION:
APPROVE BID DOCUMENTS AND
ITEM TITLE:
CONSENT CALENDAR:
AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE LA
5
QUINTA LIBRARY LIGHT-EMITTING DIODE LIGHTING
STUDY SESSION:
CONVERSION PROJECT
PUBLIC HEARING:
RECOMMENDED ACTION:
Approve the bid documents and authorize staff to advertise for bids the La Quinta
Library Light-Emitting Diode Lighting Conversion project.
EXECUTIVE SUMMARY:
As a cost and energy savings measure, an assessment was made to convert
the La Quinta Library lighting from fluorescent to light-emitting diode (LED)
for energy efficiency.
Results of the assessment indicate that the City could save an estimated
$12,600 annually if the Library was converted to LED lighting.
Imperial Irrigation District (IID) has reserved $5,709 in rebates to offset the
installation cost for this project if it is completed this year.
FISCAL IMPACT:
The total project cost is $72,465.The IID rebate would reduce this cost by
$5,709 and lower the final project cost to $66,756. Funds are available through
the Library Operations Budget.
BUDGET LINE ITEMBUDGET
Professional/Design:$ 8,500
Technical
$ 4,875
(Inspection/Test/Survey):
Construction:$50,000
Contingency: $ 6,590
City Administration:$ 2,500
TOTAL BUDGET:$72,465
31
BACKGROUND/ANALYSIS:
As part of preparing the City Library for the 10 th anniversary celebration in
September 2015, Think Evolve, a vendor specializing in LED conversions, and IID
completed an assessment of the La Quinta Library to convert the lighting from
fluorescent to LED. If approved, this project will be done in coordination with a
separate contract to replace the carpet, paint and tile in the Library.
Advantages of LED lighting include:
Ten times the useful life of fluorescent lights, saving on material costs and
staff time to replace burned out bulbs;
Five-year warranty versus no warranty for fluorescent bulbs;
Less heat generated, resulting in an average 10 percent savings on heating,
ventilation and air conditioning costs;
No buzzing or flickering, resulting in less disturbance to customers and less
employee fatigue;
LED lights do not contain mercury, reducing disposal costs over fluorescent
bulbs; and
The projected annual energy cost savings of $12,600 would repay the final
project cost of $66,756 (the cost after the IID rebate) in 5.3 years.
If approved, the Library will be the third City-maintained building to be converted to
LED lighting. The Wellness Center, Museum, and City Hall were converted to LED
lighting in the last few years and have generated significant energy cost savings.
The project bid document is now complete amc hr `u`hk`akd enq qduhdv hm sgd BhsxŬr
Public Works Department. Contingent uonm Bhsx BntmbhkŬr `ooqnu`k sn `cudqshrd
the bid for the project, the following is the proposed schedule:
City Council Bid Authorization April 7, 2015
Bid Period April 8throughMay 7, 2015
Award of Contract May 19, 2015
Sign Contracts and Mobilize May 20 through June 12, 2015
Construction (30 Working Days) June 15 through July 29, 2015
Accept Improvements August 4, 2015
ALTERNATIVES:
In order to take advantage of the IID rebates, and in order to minimize potential
interference while completing these improvements and the anticipated interior
th
carpet, paint and tile improvements prior to the Library 10 Anniversary
celebration, no alternative is recommended.
Report prepared by: Ed Wimmer, P.E., Principal Engineer
Report approved for submission by: Timothy R. Jonasson, P.E.
Public Works Director/City Engineer
32
AGENDA CATEGORY:
April 7, 2015
CITY / SA / HA / FA MEETING DATE:
BUSINESS SESSION:
CONSIDERATION OF AWARD OF A
ITEM TITLE:
CONSENT CALENDAR:
6
CONTRACT FOR PERIMETER LANDSCAPING OF
CITY-OWNED LOTS ON AVENUE 52
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Consider award of a contract for the Perimeter Landscaping of City-owned Lots on
Avenue 52 project.
EXECUTIVE SUMMARY:
This project entails installing desert landscaping and drip irrigation along the
perimeter of three City-owned vacant lots on the north side of Avenue 52
between Avenida Navarro and Desert Club Drive.
The project will allow staff to analyze water and maintenance costs to
bnlo`qd ` Ůcdrdqs eqhdmckxů k`mcrb`od hmrs`kk`shnm sn ` sq`chshnm`k k`mcrb`od
installation.
Per City Council direction, staff solicited construction bids from contractors.
A total of four construction bids were received for this project. At the time
of agenda publication, staff had not completed the bid review process.
Staff will complete the bid review process and prepare a recommendation for
Bhsx BntmbhkŬr bnmrhcdq`shnm nm @oqhk 6+ 1/04-
FISCAL IMPACT:
This project is included in the Capital Improvement Program for Fiscal Year
2014/2015 (Project No. 2014-10), and is programmed to receive $313,000 from
sgd BhsxŬr Fdmdq`k Etmc-
The approved Capital Improvement Program budget is:
33
BUDGET LINE ITEMBUDGET
Professional: $ 15,587
Technical $ 20,963
(Inspection/Test/Survey):
Design: $ 21,500
Construction: $215,000
Contingency: $ 29,200
City Administration:$ 10,750
TOTAL BUDGET: $313,000
BACKGROUND/ANALYSIS:
On February 3, 2015, City Council approved advertisement for construction bids to
install desert landscaping on three City-owned vacant parcels on the north side of
Avenue 52 between Avenida Navarro and Desert Club Drive (Attachment 1). While
the project will feature landscaping to match the median on the Avenue 52
frontage, the side streets and Calle Amigo parkways will use a reduced plant
palette and feature boulders, cobble and decomposed granite to reduce water
consumption and maintenance costs.
Bnmshmfdms tonm Bhsx BntmbhkŬr `ooqnu`k sn award a contract on April 7, 2015, the
following is the project schedule:
Execute Contract and Mobilize @oqhk 7 ũL`x 0+1/04
Construction (45 Working Days) L`x 1 ũ Itkx 5+ 1/04
Accept Improvements August2015
ALTERNATIVES:
No alternative is recommended.
Report prepared by: Ed Wimmer, P.E., Principal Engineer
Report approved for submission by: Timothy R. Jonasson, P.E.
Public Works Director/City Engineer
Attachment: 1. Vicinity Map
34
ATTACHMENT 1
35
36
April 7, 2015
AGENDA CATEGORY:
CITY / SA/ HA/ FA MEETING DATE:
EXCUSE ABSENCES FOR ARCHITECTURE
ITEM TITLE:
BUSINESS SESSION:
AND LANDSCAPING REVIEW BOARD MEMBER
ROOKER AND HISTORICAL PRESERVATION
CONSENT CALENDAR: 7
COMMISSIONER REDMON
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Approve requests from Board Member Rooker to be excused from the March 18,
2015 Architecture and Landscaping Review Board Meeting, and Commissioner
Redmon from the March 19, 2015 Historical Preservation Commission Meeting.
EXECUTIVE SUMMARY:
Board Member Rooker requested to be excused from the March 18, 2015,
Architecture and Landscaping Review Board meeting due to illness. He has
had no other absences during this fiscal year and staff recommends the
absence be excused by Council.
Commissioner Redmon requested advanced permission to be excused from
the March 19, 2015 Historical Preservation Commission meeting due to a
personal matter. Commissioner Redmon has had one excused and one
unexcused absence during this fiscal year. Staff recommends the absence
be excused by Council.
FISCAL IMPACT:
No meeting attendance compensation is paid to absent members.
BACKGROUND/ANALYSIS:
The Municipal Code does not allow a board member or commissioner to be absent
from two consecutive regular meetings or three scheduled meetings within a fiscal
year without causing his/her office to become vacant. A request may be made for
37
-the-fact, for extenuating
circumstances, and the absence would then not be counted toward the limitation
on absences.
ALTERNATIVES:
Council may deny any individual request, which would result in the absence being
counted toward the board/commissioner
above.
Report prepared by: Teresa Thompson, Deputy City Clerk
Report approved for submission by: Susan Maysels, City Clerk
38
AGENDA CATEGORY:
April 7, 2015
CITY / SA / HA / FA MEETING DATE:
BUSINESS SESSION:
ACCEPT GRANT OF EASEMENT AND
ITEM TITLE:
AGREEMENT FOR PUBLIC STREET PURPOSES ON DUNE
CONSENT CALENDAR:
8
PALMS ROAD FROM DESERT SANDS UNIFIED SCHOOL
STUDY SESSION:
DISTRICT
PUBLIC HEARING:
RECOMMENDED ACTION:
Accept and authorize the City Manager to execute the Grant of Easement and
Agreement for public street purposes on Dune Palms Road from Desert Sands Unified
School District.
EXECUTIVE SUMMARY:
During the project research phase of the Dune Palms Road Project, it was
discovered that the ultimate street right-of-way on the west side of Dune Palms
Road, between the Coachella Valley Water District Storm Water Channel and
Blackhawk Way, had not been dedicated to the City by Desert Sands Unified
Rbgnnk Chrsqhbs 'ŮCRTRCů( odq sgd BhsxŬr General Plan or street improvement
plans for La Quinta High School (Attachment 1).
Rs`ee bnms`bsdc CRTRCŬr rs`ee sn bnlolete the road dedication, which was
`ooqnudc ax CRTRCŬr An`qc nm L`qbg 06+ 1/04-
City Council approval of the Grant of Easement and Agreement (Attachment 2)
will complete the right-of-way dedication for this part of Dune Palms Road.
FISCAL IMPACT:
Since the Maintenance Division currently maintains this road segment within their
budget, there is no additional cost for acceptance of this right-of-way.
BACKGROUND/ANALYSIS:
During project development for the Dune Palms Road Project, it was revealed that
DSUSD had not completed dedicating the additional required road right-of-way per the
39
approved street improvement plans when they developed the site that is now La Quinta
Ghfg Rbgnnk- Nm L`qbg 06+ 1/04+ CRTRCŬs Board approved Resolution 27/2014-2015
dedicating and conveying a public easement at La Quinta High School to the City to
rectify this situation. Staff recommends acceptance of the attached Grant of Easement
and Agreement to complete the roadway dedication with direction to the City Clerk to
execute and record the document.
ALTERNATIVES:
Since this easement is necessary for the ongoing operation and maintenance of Dune
Palms Road, staff does not recommend an alternative to the recommended action.
Report prepared by: Edward J. Wimmer, P.E., Principal Engineer
Report approved for submission by: Timothy R. Jonasson, P.E.
Public Works Director/City Engineer
Attachments: 1. Right-of-Way Exhibit
2. Grant of Easement and Agreement
40
ATTACHMENT 1
41
42
ATTACHMENT 2
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
AGENDA CATEGORY:
April 7, 2015
CITY / SA / HA / FA MEETING DATE:
BUSINESS SESSION:
1
APPROPRIATE FUNDING, ADD FOCUSED
ITEM TITLE:
DRAINAGE STUDY PROJECT TO FISCAL YEAR
CONSENT CALENDAR:
2014/2015 CAPITAL IMPROVEMENT PROGRAM, AND
APPROVE A PROFESSIONAL SERVICES AGREEMENT
STUDY SESSION:
WITH RBF CONSULTING FOR DRAINAGE STUDY
PUBLIC HEARING:
RECOMMENDED ACTION:
Appropriate funding in the amount of $191,808 from unappropriated General Fund
Reserves; add the Focused Drainage Study Oqnidbs sn sgd BhsxŬr Ehrb`k Xd`q
2014/2015 Capital Improvement Program; and approve a Professional Services
Agreement with RBF Consulting in the amount of $176,808 to prepare a Focused
Drainage Study, subject to minor modifications by the City Attorney.
EXECUTIVE SUMMARY:
On September 8, 2014, the City suffered an estimated $15 million in
damage to public and private facilities due to a 700-year storm.
In order to develop flood protection options, staff recommends RBF
Consulting for engineering services to perform a focused drainage analysis
for the area within the City hardest hit by the storm.
The focused drainage study will analyze the worst case storm events to
determine preliminary design and cost estimates for future flood protection
projects to be considered for inclusion in the Capital Improvement Program.
FISCAL IMPACT:
The following is the proposed budget:
Item Budget
Drainage Study $117,326
Drainage Study Optional Tasks$ 59,482
Professional Services $ 15,000
Total $191,808
59
BACKGROUND/ANALYSIS:
On September 8, 2014, south La Quinta sustained flood damage due to a 400-year
to 1,000-year storm. Following this event, rs`ee qduhdvdc sgd BhsxŬr dwhrshmf rsnql
drain infrastructure and performed field inspections of the effects of the storm on
areas within the City that had the greatest flood damage. After a study session on
October 7, 2014, in which staff gave some possible solutions for these areas, City
Council directed staff to solicit engineering firms to prepare a preliminary
engineering study for future capital projects to ensure emergency access and
mitigate flooding as much as possible in future storms.
A Request for Proposals was issued in December 2014 seeking specialized
professional engineering services to prepare a focused drainage study as well as a
preliminary design report for future flood control projects. The services are to
hmbktcd dwsdmrhud qduhdv ne sgd BhsxŬr drainage master plan of all existing flood
protection facilities and topographic review of all drainage areas that contributed to
the heaviest flooding in the City that generally occurred between Avenue 47 and
Avenue 52 west of Park Avenue (Attachment 1).
The City received seven proposals from qualified engineering firms. Following an
in-depth consultant selection process, which included interviewing the top three
ranked firms, staff recommends RBF Consulshmf- QAEŬr oqnonr`k hmbktcdr gxcq`tkhb
modeling that will map the effect of different flood protection improvements on the
impacted areas. This will demonstrate where the City gains the most flood
protection for each dollar spent on flood improvements.
Contingent upon approval of a Professional Services Agreement with RBF
Consulting (Attachment 2) on April 7, 2015, the Focused Drainage Study is
expected to be completed by September 2015.
ALTERNATIVES:
Since a focused drainage study is necessary in order to complete the drainage
analysis and design of future flood protection improvements, no alternative course
of action is recommended.
Report prepared by: Edward J. Wimmer, P.E., Principal Engineer
Report approved for submission by: Timothy R. Jonasson, P.E.
Public Works Director/City Engineer
Attachments: 1. Focused Drainage Study Map
2. Professional Services Agreement
60
*
#
#*
*
#
*
#
!(
Bermudas
Tampico/Ave
Calle
*
#
*
#
!(
Dr/Avenue 50
*
#(
!
50Th Ave
50/Washington St
Eisenhower
Avenue
*
#
*
#
*
#
*
#
Dr.
!(
Eisenhower
*
#
!(
*
#
Quinta/Washington St
Lake La
62
ATTACHMENT 2
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (the ŋAgreementŌ) is made and
entered into by and between the CITY OF LA QUINTA, (ŋCityŌ), a California
municipal corporation, and RBF Consulting, a Company of Michael Baker
International (ŋConsultantŌ). The parties hereto agree as follows:
1.0 SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide those services related to the preparation of a
Focused Drainage Study as specified in the ŋScope of ServicesŌ attached hereto as
Exhibit ŋAŌ and incorporated herein by this reference (the ŋServicesŌ). Consultant
represents and warrants that Consultant is a provider of first-class services and
Consultant is experienced in performing the Services contemplated herein and, in
light of such status and experience, Consultant covenants that it shall follow the
highest professional standards in performing the Services required hereunder. For
purposes of this Agreement, the phrase ŋhighest professional standardsŌ shall
mean those standards of practice recognized by one or more first-class firms
performing similar services under similar circumstances.
1.2 Compliance with Law. All services rendered hereunder shall be provided
in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws
of the City and any Federal, State, or local governmental agency of competent
jurisdiction.
1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified
herein, Consultant shall obtain at its sole cost and expense such licenses, permits,
and approvals as may be required by law for the performance of the Services
required by this Agreement, including a City of La Quinta business license.
Consultant and its employees, agents, and subcontractors shall, at their sole cost
and expense, keep in effect at all times during the term of this Agreement any
licenses, permits, and approvals that are legally required for the performance of the
Services required by this Agreement. Consultant shall have the sole obligation to
pay for any fees, assessments, and taxes, plus applicable penalties and interest,
which may be imposed by law and arise from or are necessary for the performance
of the Services required by this Agreement, and shall indemnify, defend (with
counsel selected by City), and hold City, its elected officials, officers, employees,
and agents, free and harmless against any such fees, assessments, taxes,
penalties, or interest levied, assessed, or imposed against City hereunder.
Consultant shall be responsible for all subcontractorsʼn compliance with this Section.
Last revised March 2015
63
1.4 Familiarity with Work. By executing this Agreement, Consultant
warrants that (a) it has thoroughly investigated and considered the Services to be
performed, (b) it has investigated the site where the Services are to be performed,
if any, and fully acquainted itself with the conditions there existing, (c) it has
carefully considered how the Services should be performed, and (d) it fully
understands the facilities, difficulties, and restrictions attending performance of the
Services under this Agreement. Should Consultant discover any latent or unknown
conditions materially differing from those inherent in the Services or as represented
by City, Consultant shall immediately inform City of such fact and shall not proceed
except at Consultant's risk until written instructions are received from the Contract
Officer (as defined in Section 4.2 hereof).
. Consultant acknowledges and understands that the
1.5 Standard of Care
Services contracted for under this Agreement require specialized skills and abilities
and that, consistent with this understanding, Consultantʼns work will be held to a
heightened standard of quality. Consistent with Section 1.4 hereinabove,
Consultant represents to City that it holds the necessary skills and abilities to
satisfy the heightened standard of quality as set forth in this Agreement.
Consultant shall adopt reasonable methods during the life of this Agreement to
furnish continuous protection to the Services performed by Consultant, and the
equipment, materials, papers, and other components thereof to prevent losses or
damages, and shall be responsible for all such damages, to persons or property,
until acceptance of the Services by City, except such losses or damages as may be
caused by City's own negligence. The performance of Services by Consultant shall
not relieve Consultant from any obligation to correct any incomplete, inaccurate, or
defective work at no further cost to City, when such inaccuracies are due to the
negligence of Consultant.
1.6 Additional Services. In accordance with the terms and conditions of this
Agreement, Consultant shall perform services in addition to those specified in the
Scope of Services (ŋAdditional ServicesŌ) only when directed to do so by the
Contract Officer, provided that Consultant shall not be required to perform any
Additional Services without compensation. Consultant shall not perform any
Additional Services until receiving prior written authorization from the Contract
Officer, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the
time to perform this Agreement, which said adjustments are subject to the written
approval of Consultant. It is expressly understood by Consultant that the
provisions of this Section shall not apply to the Services specifically set forth in the
Scope of Services or reasonably contemplated therein. It is specifically understood
and agreed that oral requests and/or approvals of Additional Services shall be
barred and are unenforeceable. Failure of Consultant to secure the Contract
Officerʼns written authorization for Additional Services shall constitute a waiver of
any and all right to adjustment of the Contract Sum or time to perform this
-2-
Last revised March 2015
64
Agreement, whether by way of compensation, restitution, quantum meruit, or the
like, for Additional Services provided without the appropriate authorization from the
Contract Officer. Compensation for properly authorized Additional Services shall be
made in accordance with Section 2.3 of this Agreement.
1.7 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in Exhibit ŋDŌ (the
ŋSpecial RequirementsŌ), which is incorporated herein by this reference and
expressly made a part hereof. In the event of a conflict between the provisions of
the Special Requirements and any other provisions of this Agreement, the
provisions of the Special Requirements shall govern.
2.0 COMPENSATION
. For the Services rendered pursuant to this Agreement,
2.1 Contract Sum
Consultant shall be compensated in accordance with Exhibit ŋBŌ (the ŋSchedule of
CompensationŌ) in a total amount not to exceed One Hundred Seventy-Six
Thousand, Eight Hundred Eight Dollars ($176,808.00) (the ŋContract SumŌ),
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 Consultant's rate schedule, but not
exceeding the Contract Sum, or such other methods as may be specified in the
Schedule of Compensation. The Contract Sum shall include the attendance of
Consultant at all project meetings reasonably deemed necessary by City;
Consultant 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 method of compensation set forth in the
Schedule of Compensation, Consultantʼns overall compensation shall not exceed the
Contract Sum, except as provided in Section 1.6 of this Agreement.
2.2 Method of Billing. Any month in which Consultant wishes to receive
payment, Consultant shall submit to City no later than the tenth (10th) working day
of such month, in the form approved by City's Finance Director, an invoice for
Services rendered prior to the date of the invoice. Such invoice shall (1) describe in
detail the Services provided, including time and materials, and (2) specify each
staff member who has provided Services and the number of hours assigned to each
such staff member. Such invoice shall contain a certification by a principal member
of Consultant specifying that the payment requested is for Services performed in
accordance with the terms of this Agreement. Subject to retention pursuant to
Section 8.3, City will pay Consultant for all items stated thereon which are
-3-
Last revised March 2015
65
approved by City pursuant to this Agreement no later than thirty (30) days after
invoices are received by the Cityʼns Finance Department.
. Additional Services approved in
2.3 Compensation for Additional Services
advance by the Contract Officer pursuant to Section 1.6 of this Agreement shall be
paid for in an amount agreed to in writing by both City and Consultant in advance
of the Additional Services being rendered by Consultant. Any compensation for
Additional Services amounting to five percent (5%) or less of the Contract Sum
may be approved by the Contract Officer. Any greater amount of compensation for
Additional Services must be approved by the La Quinta City Council. Under no
circumstances shall Consultant receive compensation for any Additional Services
unless prior written approval for the Additional Services is obtained from the
Contract Officer pursuant to Section 1.6 of this Agreement.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement. If the Services not completed in accordance with the Schedule of
Performance, as set forth in Section 3.2 and Exhibit C, it is understood that the
City will suffer damage.
3.2 Schedule of Performance. All Services rendered pursuant to this
Agreement shall be performed diligently and within the time period established in
Exhibit C (the ŋSchedule of PerformanceŌ). Extensions to the time period specified
in the Schedule of Performance may be approved in writing by the Contract Officer.
3.3 Force Majeure. The time period specified in the Schedule of Performance
for performance of the Services rendered pursuant to this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control
and without the fault or negligence of Consultant, including, but not restricted to,
acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine
restrictions, riots, strikes, freight embargoes, acts of any governmental agency
other than City, and unusually severe weather, if Consultant shall within ten (10)
days of the commencement of such delay notify the Contract Officer in writing of
the causes of the delay. The Contract Officer shall ascertain the facts and the
extent of delay, and extend the time for performing the Services for the period of
the forced delay when and if in his or her judgment such delay is justified, and the
Contract Officer's determination shall be final and conclusive upon the parties to
this Agreement. Extensions to time period in the Schedule of Performance which
are determined by the Contract Officer to be justified pursuant to this Section shall
not entitle the Consultant to additional compensation in excess of the Contract
Sum.
-4-
Last revised March 2015
66
3.4 Term. Unless earlier terminated in accordance with Sections 8.8 or 8.9
of this Agreement, the term of this agreement shall commence on April 13, 2015
and terminate on September 30, 2015 (ŋInitial TermŌ). This Agreement may be
extended upon mutual agreement by both parties (ŋExtended TermŌ).
4.0 COORDINATION OF WORK
4.1 Representative of Consultant. The following principals of Consultant
(ŋPrincipalsŌ) are hereby designated as being the principals and representatives of
Consultant authorized to act in its behalf with respect to the Services specified
herein and make all decisions in connection therewith:
a. John McCarthy, P.E., CFM, Principal-in-Charge, Vice President
E-mail: jmccarthy@mbakerintl.com
b. Thomas Ryan, P.E., Project Manager
E-mail: tomryan@mbakerintl.com
It is expressly understood that the experience, knowledge, capability,
and reputation of the foregoing Principals were a substantial inducement for City to
enter into this Agreement. Therefore, the foregoing Principals shall be responsible
during the term of this Agreement for directing all activities of Consultant and
devoting sufficient time to personally supervise the Services hereunder. For
purposes of this Agreement, the foregoing Principals may not be changed by
Consultant and no other personnel may be assigned to perform the Services
required hereunder without the express written approval of City.
4.2 Contract Officer. The ŋContract OfficerŌ shall be Timothy R. Jonasson,
P.E., Public Works Director/City Engineer or such other person as may be
designated in writing by the City Manager of City. It shall be Consultant's
responsibility to assure that the Contract Officer is kept informed of the progress of
the performance of the Services, and Consultant shall refer any decisions, that
must be made by City to the Contract Officer. Unless otherwise specified herein,
any approval of City required hereunder shall mean the approval of the Contract
Officer. The Contract Officer shall have authority to sign all documents on behalf
of City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability, and reputation of Consultant, its principals, and its
employees were a substantial inducement for City to enter into this Agreement.
Except as set forth in this Agreement, Consultant shall not contract with any other
entity to perform in whole or in part the Services required hereunder without the
express written approval of City. In addition, neither this Agreement nor any
interest herein may be transferred, assigned, conveyed, hypothecated, or
encumbered, voluntarily or by operation of law, without the prior written approval
-5-
Last revised March 2015
67
of City. Transfers restricted hereunder shall include the transfer to any person or
group of persons acting in concert of more than twenty five percent (25%) of the
present ownership and/or control of Consultant, taking all transfers into account on
a cumulative basis. Any attempted or purported assignment or contracting by
Consultant without Cityʼns express written approval shall be null, void, and of no
effect. No approved transfer shall release Consultant of any liability hereunder
without the express consent of City.
. Neither City nor any of its employees shall have
4.4 Independent Contractor
any control over the manner, mode, or means by which Consultant, its agents, or
its employees, perform the Services required herein, except as otherwise set forth
herein. City shall have no voice in the selection, discharge, supervision, or control
of Consultantʼns employees, servants, representatives, or agents, or in fixing their
number or hours of service. Consultant shall perform all Services required herein as
an independent contractor of City and shall remain at all times as to City a wholly
independent contractor with only such obligations as are consistent with that role.
Consultant shall not at any time or in any manner represent that it or any of its
agents or employees are agents or employees of City. City shall not in any way or
for any purpose become or be deemed to be a partner of Consultant in its business
or otherwise or a joint venturer or a member of any joint enterprise with
Consultant. Consultant shall have no power to incur any debt, obligation, or
liability on behalf of City. Consultant shall not at any time or in any manner
represent that it or any of its agents or employees are agents or employees of City.
Except for the Contract Sum paid to Consultant as provided in this Agreement, City
shall not pay salaries, wages, or other compensation to Consultant for performing
the Services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing the
Services hereunder. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Consultant and any of its employees,
agents, and subcontractors providing services under this Agreement shall not
qualify for or become entitled to any compensation, benefit, or any incident of
employment by City, including but not limited to eligibility to enroll in the California
Public Employees Retirement System (ŋPERSŌ) as an employee of City and
entitlement to any contribution to be paid by City for employer contributions and/or
employee contributions for PERS benefits. Consultant agrees to pay all required
taxes on amounts paid to Consultant under this Agreement, and to indemnify and
hold City harmless from any and all taxes, assessments, penalties, and interest
asserted against City by reason of the independent contractor relationship created
by this Agreement. Consultant shall fully comply with the workersʼn compensation
laws regarding Consultant and Consultantʼns employees. Consultant further agrees
to indemnify and hold City harmless from any failure of Consultant to comply with
applicable workersʼn compensation laws. City shall have the right to offset against
the amount of any payment due to Consultant under this Agreement any amount
-6-
Last revised March 2015
68
due to City from Consultant as a result of Consultantʼns failure to promptly pay to
City any reimbursement or indemnification arising under this Section.
. Consultant represents that it
4.5 Identity of Persons Performing Work
employs or will employ at its own expense all personnel required for the
satisfactory performance of any and all of the Services set forth herein. Consultant
represents that the Services required herein will be performed by Consultant or
under its direct supervision, and that all personnel engaged in such work shall be
fully qualified and shall be authorized and permitted under applicable State and
local law to perform such tasks and services.
4.6 City Cooperation. City shall provide Consultant with any plans,
publications, reports, statistics, records, or other data or information pertinent to
the Services to be performed hereunder which are reasonably available to
Consultant only from or through action by City.
5.0 INSURANCE
5.1 Insurance. Prior to the beginning of any Services under this Agreement
and throughout the duration of the term of this Agreement, Consultant shall
procure and maintain, at its sole cost and expense, and submit concurrently with
its execution of this Agreement, policies of insurance as set forth in Exhibit E (the
ŋInsurance RequirementsŌ) which is incorporated herein by this reference and
expressly made a part hereof.
6.0 INDEMNIFICATION.
6.1 Indemnification. To the fullest extent permitted by law, Consultant shall
indemnify, protect, defend (with counsel selected by City), and hold harmless City
and any and all of its officers, employees, agents, and volunteers as set forth in
Exhibit F (ŋIndemnificationŌ) which is incorporated herein by this reference and
expressly made a part hereof.
7.0 REPORTS AND RECORDS.
7.1 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning Consultant's performance of the Services required
by this Agreement as the Contract Officer shall require. Consultant hereby
acknowledges that City is greatly concerned about the cost of the Services to be
performed pursuant to this Agreement. For this reason, Consultant agrees that if
Consultant becomes aware of any facts, circumstances, techniques, or events that
may or will materially increase or decrease the cost of the Services contemplated
herein or, if Consultant is providing design services, the cost of the project being
designed, Consultant shall promptly notify the Contract Officer of said fact,
-7-
Last revised March 2015
69
circumstance, technique, or event and the estimated increased or decreased cost
related thereto and, if Consultant is providing design services, the estimated
increased or decreased cost estimate for the project being designed.
7.2 Records. Consultant shall keep, and require any subcontractors to keep,
such ledgers, books of accounts, invoices, vouchers, canceled checks, reports
(including but not limited to payroll reports), studies, or other documents relating to
the disbursements charged to City and the Services performed hereunder (the
ŋBooks and RecordsŌ), as shall be necessary to perform the Services required by
this Agreement and enable the Contract Officer to evaluate the performance of
such Services. Any and all such Books and Records shall be maintained in
accordance with generally accepted accounting principles and shall be complete
and detailed. The Contract Officer shall have full and free access to such Books
and Records at all times during normal business hours of City, including the right to
inspect, copy, audit, and make records and transcripts from such Books and
Records. Such Books and Records shall be maintained for a period of three (3)
years following completion of the Services hereunder, and City shall have access to
such Books and Records in the event any audit is required. In the event of
dissolution of Consultantʼns business, custody of the Books and Records may be
given to City, and access shall be provided by Consultantʼns successor in interest.
Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this
Agreement shall be subject to the examination and audit of the State Auditor, at
the request of City or as part of any audit of City, for a period of three (3) years
after final payment under this Agreement.
7.3 Ownership of Documents. All drawings, specifications, maps, designs,
photographs, studies, surveys, data, notes, computer files, reports, records,
documents, and other materials plans, drawings, estimates, test data, survey
results, models, renderings, and other documents or works of authorship fixed in
any tangible medium of expression, including but not limited to, physical drawings,
digital renderings, or data stored digitally, magnetically, or in any other medium
prepared or caused to be prepared by Consultant, its employees, subcontractors,
and agents in the performance of this Agreement (the ŋDocuments and MaterialsŌ)
shall be the property of City and shall be delivered to City upon request of the
Contract Officer or upon the expiration or termination of this Agreement, and
Consultant shall have no claim for further employment or additional compensation
as a result of the exercise by City of its full rights of ownership use, reuse, or
assignment of the Documents and Materials hereunder. Any use, reuse or
assignment of such completed Documents and Materials for other projects and/or
use of uncompleted documents without specific written authorization by
Consultant will be at Cityʼns sole risk and without liability to Consultant, and
Consultantʼns guarantee and warranties shall not extend to such use, revise, or
assignment. Consultant may retain copies of such Documents and Materials for its
-8-
Last revised March 2015
70
own use. Consultant shall have an unrestricted right to use the concepts embodied
therein. All subcontractors shall provide for assignment to City of any Documents
and Materials prepared by them, and in the event Consultant fails to secure such
assignment, Consultant shall indemnify City for all damages resulting therefrom.
In the event City or any person, firm, or corporation authorized by City reuses
said Documents and Materials without written verification or adaptation by
Consultant for the specific purpose intended and causes to be made or makes any
changes or alterations in said Documents and Materials, City hereby releases,
discharges, and exonerates Consultant from liability resulting from said change.
The provisions of this clause shall survive the termination or expiration of this
Agreement and shall thereafter remain in full force and effect.
. This Agreement creates a non-
7.4 Licensing of Intellectual Property
exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense
any and all copyrights, designs, rights of reproduction, and other intellectual
property embodied in the Documents and Materials. Consultant shall require all
subcontractors, if any, to agree in writing that City is granted a non-exclusive and
perpetual license for the Documents and Materials the subcontractor prepares
under this Agreement. Consultant represents and warrants that Consultant has the
legal right to license any and all of the Documents and Materials. Consultant
makes no such representation and warranty in regard to the Documents and
Materials which were prepared by design professionals other than Consultant or
provided to Consultant by City. City shall not be limited in any way in its use of
the Documents and Materials at any time, provided that any such use not within
the purposes intended by this Agreement shall be at Cityʼns sole risk.
7.5 Release of Documents. The Documents and Materials shall not be
released publicly without the prior written approval of the Contract Officer or as
required by law. Consultant shall not disclose to any other entity or person any
information regarding the activities of City, except as required by law or as
authorized by City.
8.0 ENFORCEMENT OF AGREEMENT.
8.1 California Law. This Agreement shall be interpreted, construed, and
governed both as to validity and to performance of the parties in accordance with
the laws of the State of California. Legal actions concerning any dispute, claim, or
matter arising out of or in relation to this Agreement shall be instituted in the
Superior Court of the County of Riverside, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit
to the personal jurisdiction of such court in the event of such action.
-9-
Last revised March 2015
71
8.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by
submitting a claim therefore. The injured party shall continue performing its
obligations hereunder so long as the injuring party commences to cure such default
within ten (10) days of service of such notice and completes the cure of such
default within forty-five (45) days after service of the notice, or such longer period
as may be permitted by the Contract Officer; provided that if the default is an
immediate danger to the health, safety, or general welfare, City may take such
immediate action as City deems warranted. Compliance with the provisions of this
Section shall be a condition precedent to termination of this Agreement for cause
and to any legal action, and such compliance shall not be a waiver of any party's
right to take legal action in the event that the dispute is not cured, provided that
nothing herein shall limit City's right to terminate this Agreement without cause
pursuant to Section 8.8. During the period of time that Consultant is in default,
City shall hold all invoices and shall, when the default is cured, proceed with
payment on the invoices. In the alternative, City may, in its sole discretion, elect
to pay some or all of the outstanding invoices during any period of default.
8.3 Retention of Funds. City may withhold from any monies payable to
Consultant sufficient funds to compensate City for any losses, costs, liabilities, or
damages it reasonably believes were suffered by City due to the default of
Consultant in the performance of the Services required by this Agreement.
8.4 Waiver. No delay or omission in the exercise of any right or remedy of a
non-defaulting party on any default shall impair such right or remedy or be
construed as a waiver. City's consent or approval of any act by Consultant
requiring City's consent or approval shall not be deemed to waive or render
unnecessary City's consent to or approval of any subsequent act of Consultant.
Any waiver by either party of any default must be in writing and shall not be a
waiver of any other default concerning the same or any other provision of this
Agreement.
8.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and
remedies of the parties are cumulative and the exercise by either party of one or
more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other
default by the other party.
8.6 Legal Action. In addition to any other rights or remedies, either party
may take legal action, at law or at equity, to cure, correct, or remedy any default,
to recover damages for any default, to compel specific performance of this
Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy
consistent with the purposes of this Agreement.
-10-
Last revised March 2015
72
8.7 Liquidated Damages. Not applicable to this Agreement.
. This Section shall govern any
8.8 Termination Prior To Expiration Of Term
termination of this Agreement, except as specifically provided in the following
Section 8.9 for termination for cause. City reserves the right to terminate this
Agreement at any time, with or without cause, upon thirty (30) days' written
notice to Consultant. Upon receipt of any notice of termination, Consultant shall
immediately cease all Services hereunder except such as may be specifically
approved by the Contract Officer. Consultant shall be entitled to compensation for
all Services rendered prior to receipt of the notice of termination and for any
Services authorized by the Contract Officer thereafter in accordance with the
Schedule of Compensation or such as may be approved by the Contract Officer,
except as provided in Section 8.3.
8.9 Termination for Default of Consultant. If termination is due to the failure
of Consultant to fulfill its obligations under this Agreement, City may, after
compliance with the provisions of Section 8.2, take over the Services and
prosecute the same to completion by contract or otherwise, and Consultant shall
be liable to the extent that the total cost for completion of the Services required
hereunder exceeds the compensation herein stipulated (provided that City shall use
reasonable efforts to mitigate such damages), and City may withhold any payments
to Consultant for the purpose of setoff or partial payment of the amounts owed
City as previously stated in Section 8.3.
8.10 Attorneys' Fees. If either party to this Agreement is required to initiate
or defend or made a party to any action or proceeding in any way connected with
this Agreement, the prevailing party in such action or proceeding, in addition to any
other relief which may be granted, whether legal or equitable, shall be entitled to
reasonable attorneysʼn fees; provided, however, that the attorneysʼn fees awarded
pursuant to this Section shall not exceed the hourly rate paid by City for legal
services multiplied by the reasonable number of hours spent by the prevailing party
in the conduct of the litigation. Attorneysʼn fees shall include attorneysʼn fees on any
appeal, and in addition a party entitled to attorneysʼn fees shall be entitled to all
other reasonable costs for investigating such action, taking depositions and
discovery, and all other necessary costs the court allows which are incurred in such
litigation. All such fees shall be deemed to have accrued on commencement of
such action and shall be enforceable whether or not such action is prosecuted to
judgment. The court may set such fees in the same action or in a separate action
brought for that purpose.
-11-
Last revised March 2015
73
9.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1 Non-liability of City Officers and Employees. No officer, official,
employee, agent, representative, or volunteer of City shall be personally liable to
Consultant, or any successor in interest, in the event or any default or breach by
City or for any amount which may become due to Consultant or to its successor, or
for breach of any obligation of the terms of this Agreement.
. Consultant covenants that neither it, nor any officer
9.2 Conflict of Interest
or principal of it, has or shall acquire any interest, directly or indirectly, which
would conflict in any manner with the interests of City or which would in any way
hinder Consultantʼns performance of the Services under this Agreement. Consultant
further covenants that in the performance of this Agreement, no person having any
such interest shall be employed by it as an officer, employee, agent, or
subcontractor without the express written consent of the Contract Officer.
Consultant agrees to at all times avoid conflicts of interest or the appearance of
any conflicts of interest with the interests of City in the performance of this
Agreement.
No officer or employee of City shall have any financial interest, direct or
indirect, in this Agreement nor shall any such officer or employee participate in any
decision relating to this Agreement which effects his financial interest or the
financial interest of any corporation, partnership or association in which he is,
directly or indirectly, interested, in violation of any State statute or regulation.
Consultant warrants that it has not paid or given and will not pay or give any third
party any money or other consideration for obtaining this Agreement.
9.3 Covenant against Discrimination. Consultant covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them,
that there shall be no discrimination against or segregation of, any person or group
of persons on account of any impermissible classification including, but not limited
to, race, color, creed, religion, sex, marital status, sexual orientation, national
origin, or ancestry in the performance of this Agreement. Consultant shall take
affirmative action to insure that applicants are employed and that employees are
treated during employment without regard to their race, color, creed, religion, sex,
marital status, sexual orientation, national origin, or ancestry.
10.0 MISCELLANEOUS PROVISIONS
10.1 Notice. Any notice, demand, request, consent, approval, or
communication either party desires or is required to give the other party or any
other person shall be in writing and either served personally or sent by prepaid,
first-class mail to the address set forth below. Either party may change its address
by notifying the other party of the change of address in writing. Notice shall be
-12-
Last revised March 2015
74
deemed communicated forty-eight (48) hours from the time of mailing if mailed as
provided in this Section.
To City: To Consultant:
CITY OF LA QUINTA RBF Consulting
Attention: Frank Spevacek, (A Company of Michael Baker Intl.)
City Manager John McCarthy, P.E., CFM
78-495 Calle Tampico Principal-In-Charge/Vice President
La Quinta, California 92253 14725 Alton Parkway
Irvine, California 92618
10.2 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for
or against either party by reason of the authorship of this Agreement or any other
rule of construction which might otherwise apply.
10.3 Section Headings and Subheadings. The section headings and
subheadings contained in this Agreement are included for convenience only and
shall not limit or otherwise affect the terms of this Agreement.
10.4 Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed to be an original, and such counterparts shall constitute one
and the same instrument
10.5 Integrated Agreement. This Agreement including the exhibits hereto is
the entire, complete, and exclusive expression of the understanding of the parties.
It is understood that there are no oral agreements between the parties hereto
affecting this Agreement and this Agreement supersedes and cancels any and all
previous negotiations, arrangements, agreements, and understandings, if any,
between the parties, and none shall be used to interpret this Agreement.
10.6 Amendment. No amendment to or modification of this Agreement shall
be valid unless made in writing and approved by Consultant and by the City Council
of City. The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
10.7 Severability. In the event that any one or more of the articles, phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable, such invalidity or unenforceability shall not affect
any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections
of this Agreement which are hereby declared as severable and shall be interpreted
to carry out the intent of the parties hereunder unless the invalid provision is so
material that its invalidity deprives either party of the basic benefit of their bargain
or renders this Agreement meaningless.
-13-
Last revised March 2015
75
10.8 Unfair Business Practices Claims. In entering into this Agreement,
Consultant offers and agrees to assign to City all rights, title, and interest in and to
all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
§ 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700)
of Part 2 of Division 7 of the Business and Professions Code), arising from
purchases of goods, services, or materials related to this Agreement. This
assignment shall be made and become effective at the time City renders final
payment to Consultant without further acknowledgment of the parties.
10.9 No Third Party Beneficiaries. With the exception of the specific
provisions set forth in this Agreement, there are no intended third-party
beneficiaries under this Agreement and no such other third parties shall have any
rights or obligations hereunder.
10.10 Authority. The persons executing this Agreement on behalf of each of
the parties hereto represent and warrant that (i) such party is duly organized and
existing, (ii) they are duly authorized to execute and deliver this Agreement on
behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) that entering into this
Agreement does not violate any provision of any other Agreement to which said
party is bound. This Agreement shall be binding upon the heirs, executors,
administrators, successors, and assigns of the parties.
\[SIGNATURES ON FOLLOWING PAGE\]
-14-
Last revised March 2015
76
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
CONSULTANT:
CITY OF LA QUINTA,
a California municipal corporation
By:
Name: JOHN MCCARTHY, P.E., CFM
Title: Principal-in-Charge/Vice President
FRANK J. SPEVACEK, City Manager
Dated:
Dated:
ATTEST: By:
Name: ROBERT KALLENBAUGH, P.E.
Title: Vice President/Irvine Office Exec.
SUSAN MAYSELS, City Clerk,
La Quinta, California
Dated:
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
Two signatures are required if Consultant is a corporation.
NOTE: CONSULTANTʼnS SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY
THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONSULTANTʼnS BUSINESS ENTITY.
-15-
Last revised March 2015
77
Exhibit A
Scope of Services
Consultantʼns scope of work related to the preparation of the Focused Drainage
Study is attached and made a part of this agreement.
EXHIBIT A
Last revised March 2015
Page 1 of 1
78
79
80
81
82
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in
Section 2.3 of this Agreement, the maximum total fixed fee compensation to be
paid to Consultant under this Agreement is One Hundred Seventy-Six Thousand,
) (ŋContract SumŌ). The Contract Sum
Eight Hundred Eight Dollars ($176,808.00
shall be paid to Consultant in installment payments made on a monthly basis and in
an amount identified in Consultantʼns schedule of compensation attached hereto for
the work tasks performed and properly invoiced by Consultant in conformance with
Section 2.2 of this Agreement.
The maximum total fixed fee compensation amount includes Fifty-Nine
Thousand, Four Hundred Eighty-Two Dollars ($59,482.00) of optional task items.
This additional compensation and the associated work objectives shall not be
performed unless advance written approval is received from the Contract Officer.
EXHIBIT B
Last revised March 2015
Page 1 of 1
83
84
85
86
Exhibit C
Schedule of Performance
Consultant shall complete all services identified in the Scope of Services,
Exhibit A of this Agreement, in accordance with the Project Schedule, attached
hereto and incorporated herein by this reference.
EXHIBIT C
Last revised March 2015
Page 1 of 1
87
88
90
Exhibit D
Special Requirements
None.
EXHIBIT D
Last revised March 2015
Page 1 of 1
91
92
Exhibit E
Insurance Requirements
. Prior to the beginning of and throughout the duration of this
E.1 Insurance
Agreement, the following policies shall be maintained and kept in full force and
effect providing insurance with minimum limits as indicated below and issued by
insurers with A.M. Best ratings of no less than A-:VI:
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workersʼn Compensation
(per statutory requirements)
Consultant shall procure and maintain, at its cost, and submit
concurrently with its execution of this Agreement, Commercial General Liability
insurance against all claims for injuries against persons or damages to property
resulting from Consultant's acts or omissions rising out of or related to
Consultant's performance under this Agreement. The insurance policy shall contain
a severability of interest clause providing that the coverage shall be primary for
losses arising out of Consultant's performance hereunder and neither City nor its
insurers shall be required to contribute to any such loss. A certificate evidencing
the foregoing and naming City and its officers and employees as additional insured
(on the Commercial General Liability policy only) shall be delivered to and approved
by City prior to commencement of the services hereunder.
Consultant shall carry automobile liability insurance of $1,000,000 per
accident against all claims for injuries against persons or damages to property
arising out of the use of any automobile by Consultant, its officers, any person
directly or indirectly employed by Consultant, any subcontractor or agent, or
anyone for whose acts any of them may be liable, arising directly or indirectly out
of or related to Consultant's performance under this Agreement. If Consultant or
Consultantʼns employees will use personal autos in any way on this project,
Consultant shall provide evidence of personal auto liability coverage for each such
person. The term ŋautomobileŌ includes, but is not limited to, a land motor vehicle,
trailer or semi-trailer designed for travel on public roads. The automobile insurance
policy shall contain a severability of interest clause providing that coverage shall be
EXHIBIT E
Last revised March 2015
Page 1 of 6
93
primary for losses arising out of Consultant's performance hereunder and neither
City nor its insurers shall be required to contribute to such loss.
Professional Liability or Errors and Omissions Insurance as appropriate
shall be written on a policy form coverage specifically designed to protect against
acts, errors or omissions of the consultant and ŋCovered Professional ServicesŌ as
designated in the policy must specifically include work performed under this
agreement. The policy limit shall be no less than $1,000,000 per claim and in the
aggregate. The policy must ŋpay on behalf ofŌ the insured and must include a
provision establishing the insurerʼns duty to defend. The policy retroactive date shall
be on or before the effective date of this agreement.
Consultant shall carry Workers' Compensation Insurance in accordance
with State Worker's Compensation laws with employerʼns liability limits no less than
$1,000,000 per accident or disease.
Consultant shall provide written notice to City within ten (10) working
days if: (1) any of the required insurance policies is terminated; (2) the limits of
any of the required polices are reduced; or (3) the deductible or self-insured
retention is increased. In the event any of said policies of insurance are cancelled,
Consultant shall, prior to the cancellation date, submit new evidence of insurance
in conformance with this Exhibit to the Contract Officer. The procuring of such
insurance or the delivery of policies or certificates evidencing the same shall not be
construed as a limitation of Consultantʼns obligation to indemnify City, its officers,
employees, contractors, subcontractors, or agents.
E.2 Remedies. In addition to any other remedies City may have if Consultant
fails to provide or maintain any insurance policies or policy endorsements to the
extent and within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order Consultant to stop work under this Agreement and/or
withhold any payment(s) which become due to Consultant hereunder until
Consultant demonstrates compliance with the requirements hereof.
c. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any
other remedies City may have. The above remedies are not the exclusive remedies
for Consultant's failure to maintain or secure appropriate policies or endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to
which Consultant may be held responsible for payments of damages to persons or
EXHIBIT E
Last revised March 2015
Page 2 of 6
94
property resulting from Consultant's or its subcontractors' performance of work
under this Agreement.
E.3 General Conditions Pertaining to Provisions of Insurance Coverage by
Consultant. Consultant and City agree to the following with respect to insurance
provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds City, its officials,
employees, and agents, using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this
Agreement shall prohibit Consultant, or Consultantʼns employees, or agents, from
waiving the right of subrogation prior to a loss. Consultant agrees to waive
subrogation rights against City regardless of the applicability of any insurance
proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Consultant and
available or applicable to this Agreement are intended to apply to the full extent of
the policies. Nothing contained in this Agreement or any other agreement relating
to City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with
these requirements if they include any limiting endorsement of any kind that has
not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would
serve to eliminate so-called ŋthird party action overŌ claims, including any exclusion
for bodily injury to an employee of the insured or of any contractor or
subcontractor.
6. All coverage types and limits required are subject to approval,
modification and additional requirements by the City, as the need arises.
Consultant shall not make any reductions in scope of coverage (e.g. elimination of
contractual liability or reduction of discovery period) that may affect Cityʼns
protection without Cityʼns prior written consent.
7. Proof of compliance with these insurance requirements, consisting
of certificates of insurance evidencing all of the coverages required and an
additional insured endorsement to Consultantʼns general liability policy, shall be
delivered to City at or prior to the execution of this Agreement. In the event such
proof of any insurance is not delivered as required, or in the event such insurance is
EXHIBIT E
Last revised March 2015
Page 3 of 6
95
canceled at any time and no replacement coverage is provided, City has the right,
but not the duty, to obtain any insurance it deems necessary to protect its interests
under this or any other agreement and to pay the premium. Any premium so paid
by City shall be charged to and promptly paid by Consultant or deducted from
sums due Consultant, at City option.
8. It is acknowledged by the parties of this agreement that all
insurance coverage required to be provided by Consultant or any subcontractor, is
intended to apply first and on a primary, non-contributing basis in relation to any
other insurance or self-insurance available to City.
9. Consultant agrees to ensure that subcontractors, and any other
party involved with the project that is brought onto or involved in the project by
Consultant, provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all agreements
with subcontractors and others engaged in the project will be submitted to City for
review.
10. Consultant agrees not to self-insure or to use any self-insured
retentions or deductibles on any portion of the insurance required herein (with the
exception of professional liability coverage, if required) and further agrees that it
will not allow any contractor, subcontractor, Architect, Engineer or other entity or
person in any way involved in the performance of work on the project
contemplated by this agreement to self-insure its obligations to City. If
Consultantʼns existing coverage includes a deductible or self-insured retention, the
deductible or self-insured retention must be declared to the City. At that time the
City shall review options with the Consultant, which may include reduction or
elimination of the deductible or self-insured retention, substitution of other
coverage, or other solutions.
11. The City reserves the right at any time during the term of this
Agreement to change the amounts and types of insurance required by giving the
Consultant ninety (90) days advance written notice of such change. If such
change results in substantial additional cost to the Consultant, the City will
negotiate additional compensation proportional to the increased benefit to City.
12. For purposes of applying insurance coverage only, this Agreement
will be deemed to have been executed immediately upon any party hereto taking
any steps that can be deemed to be in furtherance of or towards performance of
this Agreement.
EXHIBIT E
Last revised March 2015
Page 4 of 6
96
13. Consultant acknowledges and agrees that any actual or alleged
failure on the part of City to inform Consultant of non-compliance with any
insurance requirement in no way imposes any additional obligations on City nor
does it waive any rights hereunder in this or any other regard.
14. Consultant will renew the required coverage annually as long as
City, or its employees or agents face an exposure from operations of any type
pursuant to this agreement. This obligation applies whether or not the agreement
is canceled or terminated for any reason. Termination of this obligation is not
effective until City executes a written statement to that effect.
15. Consultant shall provide proof that policies of insurance required
herein expiring during the term of this Agreement have been renewed or replaced
with other policies providing at least the same coverage. Proof that such coverage
has been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultantʼns insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these specifications
applicable to the renewing or new coverage must be provided to City within five (5)
days of the expiration of coverages.
16. The provisions of any workersʼn compensation or similar act will not
limit the obligations of Consultant under this agreement. Consultant expressly
agrees not to use any statutory immunity defenses under such laws with respect to
City, its employees, officials, and agents.
17. Requirements of specific coverage features or limits contained in
this section are not intended as limitations on coverage, limits or other
requirements nor as a waiver of any coverage normally provided by any given
policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party or
insured to be limiting or all-inclusive.
18. These insurance requirements are intended to be separate and
distinct from any other provision in this Agreement and are intended by the parties
here to be interpreted as such.
19. The requirements in this Exhibit supersede all other sections and
provisions of this Agreement to the extent that any other section or provision
conflicts with or impairs the provisions of this Exhibit.
20. Consultant agrees to be responsible for ensuring that no contract
used by any party involved in any way with the project reserves the right to charge
City or Consultant for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not
EXHIBIT E
Last revised March 2015
Page 5 of 6
97
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums or
other amounts with respect thereto.
21. Consultant agrees to provide immediate notice to City of any claim
or loss against Consultant arising out of the work performed under this agreement.
City assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to
involve City.
EXHIBIT E
Last revised March 2015
Page 6 of 6
98
Exhibit F
Indemnification
F.1 General Indemnification Provision.
a. Indemnification for Professional Liability. When the law establishes
a professional standard of care for Consultantʼns Services, to the fullest extent
permitted by law, Consultant shall indemnify, protect, defend (with counsel
selected by City), and hold harmless City and any and all of its officials, employees,
and agents (ŋIndemnified PartiesŌ) from and against any and all claims, losses,
liabilities of every kind, nature, and description, damages, injury (including, without
limitation, injury to or death of an employee of Consultant or of any subcontractor),
costs and expenses of any kind, whether actual, alleged or threatened, including,
without limitation, court costs, attorneysʼn fees, litigation expenses, and fees of
expert consultants or expert witnesses incurred in connection therewith and costs
of investigation, to the extent same are cause in whole or in part by any negligent
or wrongful act, error or omission of Consultant, its officers, agents, employees or
subcontractors (or any entity or individual that Consultant shall bear the legal
liability thereof) in the performance of professional services under this agreement.
With respect to the design of public improvements, the Consultant shall not be
liable for any injuries or property damage resulting from the reuse of the design at a
location other than that specified in Exhibit A without the written consent of the
Consultant.
. Other than in
b. Indemnification for Other Than Professional Liability
the performance of professional services and to the full extent permitted by law,
Consultant shall indemnify, defend (with counsel selected by City), and hold
harmless the Indemnified Parties from and against any liability (including liability for
claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs of any kind, whether actual,
alleged or threatened, including, without limitation, court costs, attorneysʼn fees,
litigation expenses, and fees of expert consultants or expert witnesses) incurred in
connection therewith and costs of investigation, where the same arise out of, are a
consequence of, or are in any way attributable to, in whole or in part, the
performance of this Agreement by Consultant or by any individual or entity for
which Consultant is legally liable, including but not limited to officers, agents,
employees, or subcontractors of Consultant.
F.2 Standard Indemnification Provisions. Consultant agrees to obtain
executed indemnity agreements with provisions identical to those set forth herein
this section from each and every subcontractor or any other person or entity
involved by, for, with or on behalf of Consultant in the performance of this
Agreement. In the event Consultant fails to obtain such indemnity obligations from
EXHIBIT F
Last revised March 2015
Page 1 of 2
99
others as required herein, Consultant agrees to be fully responsible according to the
terms of this Exhibit. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set
forth herein is binding on the successors, assigns or heirs of Consultant and shall
survive the termination of this agreement or this section.
a. Indemnity Provisions for Contracts Related to Construction.
Without affecting the rights of City under any provision of this agreement,
Consultant shall not be required to indemnify and hold harmless City for liability
attributable to the active negligence of City, provided such active negligence is
determined by agreement between the parties or by the findings of a court of
competent jurisdiction. In instances where City is shown to have been actively
negligent and where Cityʼns active negligence accounts for only a percentage of the
liability involved, the obligation of Consultant will be for that entire portion or
percentage of liability not attributable to the active negligence of City.
b. Indemnification Provision for Design Professionals.
1. Applicability of Section F.2(b). Notwithstanding Section F.2(a)
hereinabove, the following indemnification provision shall apply to Consultants who
constitute ŋdesign professionalsŌ as the term is defined in paragraph 3 below.
2. Scope of Indemnification. To the fullest extent permitted by
law, Consultant shall indemnify, defend (with counsel selected by City), and hold
harmless the Indemnified Parties from and against any and all claims, losses,
liabilities of every kind, nature and description, damages, injury (including, without
limitation, injury to or death of an employee of Consultant or of any subcontractor),
costs and expenses of any kind, whether actual, alleged or threatened, including,
without limitation, incidental and consequential damages, court costs, attorneysʼn
fees, litigation expenses, and fees of expert consultants or expert witnesses
incurred in connection therewith and costs of investigation, that arise out of,
pertain to, or relate to, directly or indirectly, in whole or in part, the negligence,
recklessness, or willful misconduct of Consultant, any subcontractor, anyone
directly or indirectly employed by them or anyone that they control.
3. Design Professional Defined. As used in this Section F.2(b),
the term ŋdesign professionalŌ shall be limited to licensed architects, registered
professional engineers, licensed professional land surveyors and landscape
architects, all as defined under current law, and as may be amended from time to
time by Civil Code § 2782.8.
EXHIBIT F
Last revised March 2015
Page 2 of 2
100
2
101
102
103
104
ATTACHMENT 2
Recommended Grant Requests:
1.La
Quinta High School Blackhawk Brigade Wind Symphony is requesting
$5,000 to provide scholarships to Wind Symphony students from financially
disadvantaged families so that they may play at Carnegie Hallin March
2015. Students requesting scholarship funding have to qualify per the
guidelines set forth by the LQHS Booster Board. Each qualifying student
must perform 10 hours of volunteer time, they must pay at least $500
toward their trip fees, and they must qualify for the free lunch program. This
school organization has never been funded.The Ad Hoc Committee
recommended funding $5,000 with the condition that the La Quinta High
School Blackhawk Brigade Wind Symphony play a minimum of 3 concerts in
12 months at various City of La Quinta events.
2.General Patton Memorial Museum, Inc. is requesting $5,000 to reconfigure
the west wing of the Museum into additional display areas, a research
library, and lecture and educational rooms. Funding is also needed for new
heating and air conditioning units, new electrical/lighting, plumbing, flooring,
and roofing as well as exterior façade improvements and landscaping. The
General Patton Memorial Museum is a memorial to General George S. Patton,
Jr. and all who answered the call to duty, many of whom have been and are
residents of La Quinta. This organization was last funded $1,000 in Fiscal
Year 2012/2013. The Ad Hoc Committee recommended funding $2,500,
with the condition that all funding be used for capital expenses toward the
Museum’s west wing project.
3.The Desert Symphony is requesting $2,500 to transport children from local
Boys & Girls Clubs of Coachella Valley to the McCallum Theatre to watch
concert rehearsals and participate in backstage tours so they are exposed to
classical music. One of the core missions of the Desert Symphony is to
introduce young listeners to classical music. This organization has never
been funded. The Ad Hoc Committee recommended funding $2,000, with
the condition that funds are used to transport children from the La Quinta
Boys & Girls Club only.
4.Assistance League of Palm Springs Desert Area is requesting $1,710 to
provide hygiene kits to fourth grade girls and fifth grade boys who attend
Growth and Development classes conducted by the Desert Sands Unified
School District nursing staff. The hygiene kits are used as teaching tools
when educating these school children on basic hygiene practices. Three
hundred elementary school students attending John Adams, Benjamin
Franklin, and Harry S. Truman elementary schools will receive hygiene kits.
This organization has never been funded. The Ad Hoc Committee
recommended funding $1,710.
105
5.Loving All Animals is requesting $5,000 to benefit their Valley-wide foster
care network which allows families to foster and enjoy companion animals
and significantly reduce the euthanasia rate at high-kill shelters. The grant
funding would be allocated to two areas of the foster network: food,
supplies, medical care and needed training for pets during the foster period
and development and coordination of the foster care network database. This
organization has never been funded. The Ad Hoc Committee recommended
funding $1,000 with the condition that this organization has a booth at the
City of La Quinta Picnic on Sat. April 25, 2015.
6.La Quinta Middle School Math Field Day Team is requesting $835 to pay for
team t-shirts and for a bus to transport the team from the school campus to
the event locations. The team is comprised of 30 students from La Quinta
Middle School – 10 students from each grade level. The Math Field Day
Competition will be on May 2, 2015. The purpose of this event is to get
students interested in a wide variety of Math and to teach them how to
compete individually and as a team. This school organization has never been
funded. The Ad Hoc Committee recommended funding $835.
Grant Requests not recommended for funding and/or did not meet the criteria in the
Grant Guidelines include:
La Quinta High School Boys Soccer Boosters is requesting $5,000 to help
7.
purchase the Boys Varsity Soccer Team CIF Championship rings. The
Booster Club will be purchasing approximately 37 rings for the boys’ varsity
players, coaches, and school principals. The rings will cost approximately
$350 each. The high school will not provide any funding forthe CIF
Championship rings and the Booster Club has very limited funds available.
The La Quinta High School Boys Varsity soccer team obtained the first ever
CIF Southern Section Division II Championship in March 2015. This school
organization was last funded $2,000 in Fiscal Year 2010/2011. The Ad Hoc
Committee recommended that this school organization apply for a different
purpose next time.
106
3
107
108
ATTACHMENT1
13-011
FIRST AMENDMENT TO THE AGREEMENT
1
BETWEEN
COUNTY OF RIVERSIDE
2
AND
CITY OF LA QUINTA
3
(Animal Field Services)
4
Agreement No. 13-011 between the County of Riverside through its Department of
Animal Services (COUNTY) and City of La Quinta (CITY), approved on August 20, 2013,
5
executed by the Board of Supervisors item 3.17, is hereby amended for the first time effective on
the later date of execution by both Parties as follows:
6
7
1. Increase and amend all references to the amount of compensation for this
performance period from fourteen thousand seven hundred sixty dollars ($14,760)to
8
twenty-three thousand one hundred forty-one dollars ($23,141).
9
2.Delete paragraph 1,fromExhibit A Scope of Animal Field Services,Section 1.9
Licenses for Dogs: and replace with the following paragraph: COUNTY shall issue
10
dog licenses
such licenses, but shall coordinate the numbering sequence with COUNTY prior to
11
ordering. All fees collected for dog licenses shall be accounted for by COUNTY and
remitted to CITY on a monthly basis, provided however, that COUNTY shall retain the
12
sum of $5.85 for each dog license issued hereunder. COUNTY shall verify dog license
13
status when responding to complaints about animal behavior. The Animal Control
14
limited to, the terms of this Agreement, shall conduct license inspection activities during
animal control investigations so as to ascertain the number of unlicensed dogs, to license
15
such dogs and to foster compliance with City of La Quinta Municipal Code. COUNTY
shall also provide an automated or manual verification system whereby owners can verify
16
the status of their anima
17
3.Delete from the Agreement Exhibit B Payment Provision in its entirety and replace
with the attached revised Exhibit B Payment Provisions that details actual charges for
18
Stand-by Animal Control Officers and the addition of a one-time data conversion fee for
COUNTY to take over dog licensing fees.
19
20
4. All other terms and conditions of this Agreement are to remain unchanged.
COUNTY CITY
21
By ________________________________ By _______________________________
22
Marion Ashley, Chairman, Board of Supervisors
23
Date ______________________________ Print ______________________________
24
ATTEST: Kecia Harper-Ihem, Clerk
25
By _______________________________
1
109
13-011
1
CITY OF LA QUINTA
EXHIBIT B
2
PAYMENT PROVISIONS
(Revised)
3
CITY shall pay to COUNTY on a monthly basis in arrears, with a monthly billing and
4
accounting thereof by COUNTY to CITY those fees which are subject to change as established
by County of Riverside Ordinance 630; relative to the services to be performed under this
5
Agreement as follows:
6
1.Animal Field Services
:
7
1.1
Hourly Standby Animal Control Officer: Estimated at 121 hours x $82* =
$9,922/year Less than ½ FTE is charged hourly $82 (minimum call out 2 hours). To be
8
billed on actual usage. Estimated total based on past experience.
9
2.One time Cost for Manual Input of Dog License Data
:
2.1
10
dog licensing fees, the current CITY licensing data will need to be input into the CO
licensing database. The one-time charge for a COUNTY Office Assistant II to manually input
11
the current 3,220CITY dog licenses data, from text format has been calculated at a productive
hourly rate of $27.59 per hour x 80 hours = $2,207.
12
13
ServiceFY13/14FY14/15Total
Hourly Standby Animal Control Officers*$9,946$10,988$20,934
14
One-time Cost for Manual Input of Dog License Data0$2,207$2,207
15
Total$9,946$13,195$23,141
16
The amounts shown in FY13/14 and FY14/15 are based on actuals as of December 2014.
17
The scheduled compensation payable to COUNTY for all services as set forth in this
18
agreement is twenty-three thousand one hundred forty-one dollars ($23,141) for the period
commencing July 1, 2013 through June 30, 2015.
19
*Hourly Standby Animal Control Officer rate may fluctuate based on actual usage.
20
// // // // //
21
22
23
24
25
2
110
April 7, 2015
AGENDA CATEGORY:
CITY / SA/ HA/ FA MEETING DATE:
INTRODUCE ORDINANCE AMENDING
ITEM TITLE:
BUSINESS SESSION: 4
THREE CHAPTERS OF TITLE 1 OF THE MUNICIPAL
CODE RELATING TO GENERAL PROVISIONS AND
CONSENT CALENDAR:
EIGHT CHAPTERS OF TITLE 2 RELATING TO
STUDY SESSION:
ADMINISTRATION AND PERSONNEL
PUBLIC HEARING:
RECOMMENDED ACTION:
A)Move to take up Ordinance No. ___ by title and number only and waive further
reading.
B)Move to introduce at first reading, Ordinance No. ___ amending Municipal Code
Chapters 1.01, 1.04, and 1.09 relating to general provisions and Chapters 2.04,
2.08, 2.10, 2.12, 2.40, 2.44, 2.55, and 2.65 relating to administration and
personnel matters.
EXECUTIVE SUMMARY:
The first comprehensive review of the Municipal Code cis underway.
1982.
Updates to the eleven chapters listed above are necessary to align the code
with current best practices, consolidate provisions, remove unnecessary
detail, provide for flexibility, and update terms.
FISCAL IMPACT:
None.
BACKGROUND/ANALYSIS:
Three of the four chapters of Title 1 of the code are addressed in this report. No
update is required to the remaining chapter 1.08. Title 2 of the code contains 19
111
chapters: eight were reviewed in 2014, eight are addressed in this report, two
require no updates and the remaining one, 2.20 Disaster Relief, is under review by
the C
The following summarizes the substantial changes to each chapter addressed in
this report:
CHAPTER 1.01 CODE ADOPTED
1.Section 1.01.003 (contents of code): contains a list of matters adopted by
ordinance that are not to be codified. Development agreements were added to
this list.
2.Section 1.01.005 (maintenance of code): minor housekeeping matters were
addressed, such as the number of hard copies of the code to be kept in the City
printed updates of the code, and
who can request code copies.
3.
expanded to include persons appointed to fulfill the term of a vacated seat in
addition to persons duly elected.
4.Section 1.01.260 (nuisances recovery of abatement expenses): added to the
Cs to recover moneys due, is assigning the debt to a third-party
collection agent. The existing two options are (a) civil action, and (b) recording
the debt against the property as a special assessment.
5.Section 1.01.300 (notices service): this section was reworked to provide a
method for serving notices that would be appropriate for all circumstances and
consistently followed for all cases in which a notice is called for in the code.
The numerous notice sections throughout the rest of the code will be deleted
and reference to this one section inserted.
CHAPTER 1.04 CITY SEAL
Section 1.04.010 (design): In 1982 when this section was adopted, it called for
the City seal design to simply contain the City name and year of incorporation. To
City Council, by resolution, may add
text and/or designs to the seal.
CHAPTER 1.09 ADMINISTRATIVE CITATION
1.Section 1.09.010 C. (definitions): As noted above in section 1.01.300, the
procedure for issuing notices has been deleted and the one consistent procedure
to be used going forward is referred to (section 1.01.300).
2.Section 1.09.030 (failure to pay fines): This section has been renumbered to
follow the other fine-related section and the option to recover fines by assigning
the debt to a third-party collection agent was add here too.
112
3.Section 1.09.030 (service procedures): This section has been deleted as it
duplicates the method for serving notices already addressed in this chapter.
4.Section 1.09.070 (hearing officer): The reference to a specific department
director has been changed to more generic terms given that department names
and responsibilities change over time.
5.Section 1.09.080 (hearing procedure): Clarification regarding where fines will
be held pending an appeal hearing has been added.
CHAPTER 2.04 COUNCIL
1.Section 2.04.050 (Council compensation and reimbursement): the reference to
reimbursement for use of personal mobile phones was expanded to include
reimbursement for personal electronic devices in general and for personal data
service such as cellular or WiFi service used for City business. The $25 per
month reimbursement amount was deleted and replaced by the statement that
C
in accordance with the personnel policy. Under the personnel policy, the
current reimbursement amount provided to eligible employees is $40 per month.
2.Sections 2.01.100 through 2.04.130 (appeals to Council): these sections were
reworked to lay out an appeal process that works for every circumstance where
such appeals are referred to in the code. Henceforth, the dozens of sections
that spell out a process for Council appeal will be deleted and a reference to this
chapter inserted. The result will be a code with one consistent process to be
followed in all circumstances.
CHAPTER 2.08 CITY MANGER
1.Section 2.05.050 (designation of an Acting City Manager): reference to
Assistant City Manager as the officer to serve in the City M
absence was deleted (extinct position). Existing language authorizing the City
Manager to temporarily designate any qualified administrative officer as acting
City Manager will stand as it provides the flexibility and a pool of officers to
choose from based on the duration and pending issues during an absence.
Added to this section is the statement that should the City Manager position be
vacant or the City Manager be removed, the City Council shall designate an
Acting/Interim City Manager.
2.Section 2.08.060(H) (powers and duties): expanded to include all the titles and
duties assigned to the City Manager throughout the code, in addition to just
purchasing activities. In all cases, it is noted that although the City Manager
may delegate these duties to subordinates, s/he remains responsible to direct
and supervise these activities.
3.Sections 2.08.180 through 2.08.230 have been added to address appeals to
the City Manager. Like appeals to Council, dozens of code sections contain
differing processes for appeals to the City Manager. One thorough appeal
113
process that will cover all circumstances has been added to this chapter. The
multiple appeal processes sprinkled throughout the code will be deleted as each
section is brought up for review, and a reference to this chapter will be inserted.
CHAPTER 2.10 CITY CLERK
The functions of the City Clerk listed in Section 2.10.230 have been broadened to
include all those imposed by State law with regard to the Brown Act and the Public
Records Act to correctly reflect all responsibilities.
CHAPTER 2.12 DIRECTOR OF FINANCE
The title of the position has been corrected throughout, and redundant duties
eliminated.
CHAPTER 2.40 CONSTRUCTION BOARD OF APPEALS
1.The powers and duties section (2.10.050(A)) has been amended to replace the
to time.
2.In order for City notices to be issued in a consistent manner, the text delineating
how a notice is to be issued was deleted from section 2.40.050(C) and a
reference was added to the section in which the comprehensive, consistent
notice procedure is explained in detail.
3.In section 2.40.050(D), a reference to the newly-revised Council appeal
sections was added.
CHAPTER 2.44 PEACE OFFICER TRAINING STANDARDS
This chapter has been deleted. It was adopted in 1982 as part of Ordinance 2,
which contained 23 chapters pulled from codes of various cities to create the first
La Quinta Municipal Code. This chapter is only necessary for cities with their own
police departments that wish to be eligible to receive State aid for peace officer
training. Should La Quinta ever establish its own police department, this chapter
can be re-adopted. La Quinta has never applied for this funding, nor does the
C
CHAPTER 2.55 OFFICIAL HOLIDAYS
This chapter has been modified to remove the list of holidays. Instead, it refers to
the personnel policy for the holidays observed by the City. This allows the City
Council to easily amend that list by resolution as may be desired from time to time.
CHAPTER 2.65 ART IN PUBLIC PLACES
Section 2.65.110(E) has been amended to increase the time set for committing
funds from two to five years. This timeframe aligns the Art in Public Places fee
reimbursement requirements with that of similar fees such as developer impact
fees. The change provides for a more realistic timeframe in which to use the fees,
and allows fees to accumulate in the fund making the purchase of higher quality art
114
possible. The new timeframe will not be applied retroactively to fees collected
prior to adoption of this revision.
Redlined versions of these chapters showing all deletions and additions are
attached (Attachment 1).
ALTERNATIVES:
Council may direct staff to make additional/different amendments to these chapters
of the code and/or amend only certain sections of these chapters.
Report prepared by: Susan Maysels, City Clerk
Report approved for submission by: Frank J. Spevacek, City Manager
Attachment: 1. Redlined Chapters.
115
116
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 1
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, AMENDING SEVERAL
CHAPTERS OF TITLE 1 AND TITLE 2 OF THE MUNICIPAL
CODE
WHEREAS, Title 1 of the Municipal Code contains the chapters that address
general provisions, and;
WHEREAS, Title 2 of the Municipal Code contains the chapters that address
city administration and personnel matters, and;
WHEREAS, a comprehensive review of Title 1 and Title 2 was undertaken to
examine each chapter for accuracy, relevance, streamlining, straight-forward
language, and compliance with State law, and;
WHEREAS, amendments to three chapter of Title 1 and eight chapters of
Title 2 are needed as a result of the comprehensive review to update the Municipal
Code,
NOW THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
SECTION 1. CHAPTER 1.01 CODE ADOPTED, Sections 1.01.003, 1.01.005,
1.01.170, 1.01.200, 1.01.230, 1.01.260, and 1.01.300 shall be amended as
written in Exhibit A attached hereto.
SECTION 2. CHAPTER 1.04 CITY SEAL, Section 1.04.020 shall be amended as
written in Exhibit A attached hereto.
SECTION 3. CHAPTER 1.09 ADMINISTRATIVE CITATION, Sections 1.09.010,
1.09.020, 1.09.030, 1.09.040, 1.09.050, 1.09.070, 1.09.0801.09.090,
1.09.100, and 1.09.110 shall be amended as written in Exhibit A attached hereto.
SECTION 4. CHAPTER 2.04 COUNCIL, Sections 2.04.020, 2.04.040, 2.04.050,
2.04.100, 2.04.110, 2.04.115, 2.04.120, and 2.04.130 shall be amended as
written in Exhibit A attached hereto.
SECTION 5. CHAPTER 2.08 CITY MANAGER, Sections 2.08.040, 2.08.050,
2.08.060, 2.08.070, 2.08.090, 2.08.100, 2.08.110, 2.08.120, 2.08.130,
2.08.140, 2.08.150, 2.08.160 and 2.08.170 shall be amended as written in
117
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 2
Exhibit A attached hereto.
Sections 2.08.180 through 2.08.230, regarding appeals to the city manager, shall
be added to Chapter 2.08 as written in Exhibit A attached hereto.
SECTION 6. CHAPTER 2.10 CITY CLERK, Section 2.10.030 shall be amended as
written in Exhibit A attached hereto.
SECTION 7. CHAPTER 2.12 DIRECTOR OF FINANCE, all sections shall be
amended as written in Exhibit A attached hereto.
SECTION 8. CHAPTER 2.40 CONSTRUCTION BOARD OF APPEALS, Section
2.40.050 shall be amended as written in Exhibit A attached hereto.
SECTION 9. CHAPTER 2.44 PEACE OFFICER TRAINING STANDARDS shall be
deleted in its entirety from the Municipal Code.
SECTION 10. CHAPTER 2.55 OFFICIAL HOLIDAYS shall be amended as written in
Exhibit A attached hereto.
SECTION 11. CHAPTER 2.65 ART IN PUBLIC PLACES, Sections 2.65.010 and
2.65.110 shall be amended as written in Exhibit A attached hereto.
SECTION 12. SEVERABILITY. The City Council declares that, should any
provision, section, paragraph, sentence or word of this ordinance be rendered or
declared invalid by any final court action in a court of competent jurisdiction or by
reason of any preemptive legislation, the remaining provisions, sections,
paragraphs, sentences or words of this ordinance as hereby adopted shall remain in
full force and effect.
SECTION 13. EFFECTIVE DATE. This Ordinance shall be in full force and effect
thirty days after its adoption.
SECTION 14. POSTING. The City Clerk shall, within 15 days after passage of this
Ordinance, cause it to be posted in at least three public places designated by
resolution of the City Council, shall certify to the adoption and posting of this
Ordinance, and shall cause this Ordinance and its certification, together with proof
of posting to be entered into the Book of Ordinances of the City of La Quinta.
PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta
City Council held this ___day of April 2015 by the following vote:
AYES:
118
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 3
NOES:
ABSENT:
ABSTAIN:
____________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
______________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
______________________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
119
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 4
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby
certify the foregoing to be a full, true, and correct copy of Ordinance No. ___ which
was introduced at a regular meeting on the ___ day of April 2015, and was
adopted at a regular meeting held on the ___ day of _____ 2015, not being less
than 5 days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in City Council Resolution No. 2014-013.
__________________________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby
certify that the foregoing ordinance was posted on , 2015 pursuant
to Council Resolution.
__________________________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
120
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 5
EXHIBIT A
Chapter 1.01 CODE ADOPTED
1.01.001 Declaration of purpose.
The city council finds that it is desirable and in the public interest to establish a
municipal code in order to provide a scheme of organization for the classification
and grouping of ordinances which the council may adopt. The council intends in
adopting ordinances of a general and permanent nature to provide for their
placement in accordance with the scheme of the code. This will provide the user
with a convenient and logical compilation of the ordinances of the city. (Ord. 2 § 1,
1982)
1.01.002 Establishment of Municipal Code.
to refer to this code as the La Quinta Municipal Code in any prosecution for the
violation of any provision of this code. It shall also be sufficient to designate any
ordinance adding to, amending, or repealing provisions of this code as an addition
or amendment to, or a repeal of, the La Quinta Municipal Code, or a portion
thereof. (Ord. 2 § 1, 1982)
1.01.003 Contents of code.
The La Quinta Municipal Code shall consist of all ordinances adopted by the city
council which are of a general and permanent nature. An ordinance relating to any
of the following subject matters is not considered an ordinance of general and
permanent nature and need not be included within the municipal code:
A. The naming of streets or roads;
B. Granting, altering, or withdrawing franchises;
C. Levying real property tax;
D. Calling an election;
E. Annexation proceedings;
F. Interim zoning measures;
G. Zoning or rezoning a particular parcel of property;
H Development Agreements;
I. Such other ordinances of a special or particular subject matter which the
council considers are not appropriate to a general compilation of laws of a general
and permanent nature. (Ord. 2 § 1, 1982)
1.01.004 Outline of code.
A. The ordinances of the city which are of a general and permanent nature shall be
organized and grouped according to subject matter.
121
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 6
B. Ordinances which are adopted from time to time shall be classified and
organized under the following scheme of titles:
1. General Provisions;
2. Administration and Personnel;
3. Revenue and Finance;
4. (Reserved);
5. Business Regulations;
6. Health and Sanitation;
7. Historic Preservation;
8. Buildings and Construction;
9. Planning and Zoning;
10. Animals;
11. Peace, Morals and Safety;
12. Vehicles and Traffic;
13. (Reserved);
14. Streets and Sidewalks;
15. Water and Sewers;
16. Miscellaneous County Ordinances Adopted by Reference.
1.01.005 Maintenance of code.
At least one copy of this code, duly certified by the city clerk, shall be maintained
on file in the office of the city clerk as the official copy of this code. Additional
copies of this code shall be distributed upon request to the departments of the city
Duly certified copies of each ordinance making a change in this code shall be filed
in the office of the city clerk, duly indexed for ready reference.
At least annually the city clerk shall cause the loose-leaf pages of this code in
which changes have been made to be reproduced, including a notation as to the
ordinance number and the date pursuant to which such change is adopted. The
reprinted pages shall be distributed in order that the loose-leaf copies of this code,
prepared for the use and convenience of the officers and employees of the city and
the general public, may be brought up to date. (Ord. 2 § 1, 1982)
1.01.010 Interpretation of code and other ordinances.
The provisions of this code and all proceedings under it are to be construed to
effect its objects and to promote justice.
All the provisions of this code and all other city ordinances shall be interpreted to
refer to the appropriate or designated officer or office of the city, and whether an
ordinance, uniform code, statute, or other matter which is adopted by reference
refers to any department, officer, employee, inspection, police, or other function,
unless the context requires otherwise, all references shall be to the appropriate or
designated office, officer, department, agency, employee, or function of the city, or
to the person or agency performing the function for the city. (Ord. 2 § 1, 1982)
122
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 7
1.01.020 Effect of code on past actions and obligations.
Neither the adoption of this code nor the repeal by this code of any ordinance
previously in effect in the city or within the territory currently comprising the city,
shall in any manner affect the prosecution for the violation of any ordinance, which
violation was committed prior to the effective date of this code, nor be construed
as a waiver of any license or penalty on such effective date due and unpaid under
such ordinance, nor be construed as affecting any of the provisions of such
ordinances relating to the collection of any such license or penalty or the penal
provisions applicable to any violation of such ordinances, nor to affect the validity
of any bond or cash deposit required to be posted, filed, or deposited pursuant to
any ordinance, and all vested rights and obligations pertaining to such ordinances
shall continue in full force and effect. (Ord. 2 § 1, 1982)
1.01.030 Partial invalidity.
If any chapter, section, sentence, clause or portion of this code is for any reason
held to be invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed separate, distinct and independent provisions and such
holding shall not affect the validity of the remaining portions thereof. (Ord. 2 § 1,
1982)
1.01.040 Territorial limitation.
This code shall refer only to the omission or commission of acts within the
territorial limits of the city of La Quinta and that territory outside of the city over
which the city has jurisdiction or control by virtue of the Constitution, or any law,
or by reason of ownership or control of property. (Ord. 2 § 1, 1982)
1.01.050 Local signification.
All references in this code to places, acts, persons or things and all else in relation
to this code shall be construed to mean that the same are applicable to this city,
whether the city is mentioned in each particular section or not. (Ord. 2 § 1, 1982)
1.01.100 Rules of construction.
Unless the provisions of this code otherwise specifically provide, or the context of
this code indicates to the contrary, the general provisions, rules of construction,
and definitions set forth in the following sections of this chapter shall govern the
construction of this code. (Ord. 2 § 1, 1982)
1.01.110 Effect of headings.
The title, chapter, article, and section headings contained in this code shall not be
deemed to govern, limit, modify, or in any manner affect the scope, meaning, or
intent of the provisions of any title, chapter, article, or section of this code. (Ord. 2
§ 1, 1982)
123
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 8
r source is specifically set
unless some other section is expressly set forth. (Ord. 2 § 1, 1982)
1.01.130 Acts by deputies.
Whenever a power is granted to, or a duty is imposed upon, a public officer or
employee, the power may be exercised or the duty may be performed by a deputy
of the officer or employee or by a person otherwise duly authorized pursuant to the
law or ordinance, unless this code expressly provides otherwise. (Ord. 2 § 1, 1982)
124
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 9
recorded message capable of comprehension by
ordinary visual means. Whenever any notice, report, statement, or record is
required or authorized by this code, the notice, report, statement, or record shall be
made in writing in the English language, unless this code expressly provides
otherwise. (Ord. 2 § 1, 1982)
1.01.150 References to ordinancesApplication to amendments.
Whenever any reference in this code is made to an ordinance, the reference shall
apply to such ordinance of the city, unless this code expressly provides otherwise.
Whenever any reference is made to any portion of this code, or ordinance of this
city, the reference shall apply to all amendments and additions to this code. (Ord. 2
§ 1, 1982)
1.01.160 Statute of limitations.
When a limitation or period of time prescribed in any existing ordinance or statute
for acquiring a right or barring a remedy, or for any other purpose, has begun to run
before this code goes into effect, the time which has already run shall be deemed a
part of the time prescribed as such limitation. (Ord. 2 § 1, 1982)
1.01.170 Definitions.
As used in this code, unless a different meaning is apparent from the context or is
specified elsewhere in the code:
1.
year.
2.
3. means the appointed official of the city who occupies the
position as chief administrative officer of the city.
4.
5.
term of a vacated seat to the council.
6.
7.
following year.
8.
9.
10.
11.
12.
includes the singular.
13. cludes affirmation.
125
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 10
14.
shall mean standard time or daylight saving time as may be in current use in
the city.
15. or
maintaining.
16.
tenant, tenant in common, or joint tenant of the whole or a part of the building
or land.
17. rship,
association, public corporation, political subdivision, city (except the city of La
Quinta), the county of Riverside, any district in the county of Riverside, the
state of California, or the United States of America, or any department or
agency of any thereof, unless this code expressly provides otherwise.
18.
evidences of debt.
19.
the appropriate law enforcement function for the city, and the head of the
agency or division thereof which at the time involved has responsibility for
performing the police function for, or within, the city.
20.
21.
calendar months of any given year or any succeeding period of three calendar
months.
22.
23. exchange, barter, or offer for sale.
24.
25.
26.
places, squares, or other public ways in the city which have been or may
hereafter be dedicated and open to public use, or such other public property so
designated in any law of the state.
27.
occupies the whole or a part of the building or land, whether alone or with
others.
28.
tense includes the present tense.
Words and phrases not defined in this code are construed according to their plain
and ordinary meaning, which may be determined by reference to a nationally
recognized and published dictionary, , or, when appropriate, by reference to
definitions contained in state or federal law. (Ord. 2 § 1, 1982)
1.01.200 ViolationInfraction.
126
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 11
It is unlawful for any person to violate any provision or to fail to comply with any
of the requirements of this code or the provisions of any code adopted by reference
by this code or any provision of any ordinance of the city not included within this
code. Any person violating any of such provisions or failing to comply with any of
the mandatory requirements of this code or any code adopted by reference by this
code or any other city ordinance shall be guilty of an infraction, unless the violation
is specifically designated as constituting a misdemeanor. Each such person shall
be guilty of a separate offense and may be punished accordingly for each and every
day during any portion of which any violation of any provision of this code, or any
provision of any code adopted by reference by this code, or of any other city
ordinance, is committed, continued, or permitted by such person.
Any provision or requirement of this code or otherwise as referred to above, the
violation of which or the failure to comply with which, is designated as an
infraction, shall be prosecutable as a misdemeanor upon a third violation and each
violation thereafter of the same provision by the same individual. In addition, any
such violation or failure to comply may be prosecuted originally as a misdemeanor
in the discretion of the city attorney or any deputy district attorney, upon a
showing by the enforcing agency of the seriousness of the particular alleged
violation. (Ord. 2 § 1, 1982)
1.01.210 Aiding and abetting.
Whenever in this code any act or omission is made unlawful, it shall include
causing, permitting, aiding, abetting, suffering, or concealing the fact of such act
or omission. (Ord. 2 § 1, 1982)
1.01.220 Establishment of offenses as infractions.
Any violation expressly declared to be punishable, in the discretion of the court, by
either a fine, or by a fine or imprisonment, or both, shall become an infraction for
all purposes under any of the following circumstances:
A. Where a judgment imposes a punishment of a fine not exceeding one hundred
dollars in the case of a first offense; or
B. When the court grants probation to a defendant without the imposition of a
sentence and, at the time of granting probation, or on application of the
defendant or probation officer thereafter, the court declares the offense to be an
infraction; or
C. When the city attorney or any deputy district attorney files in a court having
jurisdiction over misdemeanor offenses a complaint specifying that the offense
is an infraction.
(Ord. 482 § 1, 2010; Ord. 2 § 1, 1982)
1.01.230 Punishments.
A. Any person convicted of a misdemeanor under the provisions of this code shall
be punishable by a fine of not more than one thousand dollars, or by
127
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 12
imprisonment for a period not exceeding six months, or by both such fine and
imprisonment.
B. Any person convicted of an infraction under the provisions of this code shall be
punishable for a first conviction by a fine of not more than one hundred dollars,
for a second conviction within a period of one year by a fine of not more than
two hundred dollars, and for a third or any subsequent conviction within a
period of one year by a fine of not more than five hundred dollars. (Ord. 482 §
1, 2010; Ord. 2 § 1, 1982)
1.01.250 Violations - public nuisances.
A.In addition to other penalties provided by law, any condition caused or permitted
to exist in violation of any provision of this code, or any such threatened
violation, shall be deemed a public nuisance and may be summarily abated as
such by the city.
B. Also, any such violation or threatened violation as referred to in subsection A of
this section, or any condition caused or permitted to exist in violation of any of
the provisions of any code adopted by reference by this code, or of the
provisions of any other city ordinance, shall be deemed a public nuisance which
may be abated by the city attorney in a civil judicial action. (Ord. 2 § 1, 1982)
1.01.260 NuisancesRecovery of abatement expenses.
A. Whenever any person creating, causing, committing, or maintaining a public
nuisance, as referred to in Section 1.01.250, or other public nuisance, as
defined under state law or other ordinance or regulation, has been given notice,
by or on behalf of the city attorney or by any other city officer, employee or
policing agent authorized to give such notice, to abate the nuisance or cease
and desist from continuing the nuisance or violation of law, and the person who
was given notice fails, refuses, or neglects to comply with the notice within the
time specified therein, or if such a time is not specified, then within a time
reasonably sufficient to enable such compliance, the noncomplying person shall
be liable to the city for any and all costs and expenses to the city involved in
thereafter abating the nuisance and in obtaining compliance with or enforcing
the law as referred to or encompassed in the notice.
B. Costs and expenses, as referred to in subsection A of this section, may include,
but are not limited to, any and all direct costs and expenses related to such
things as personnel salaries and benefits, operational overhead, rent, interest,
fees for experts or consultants, legal costs or expenses,
fees, claims against the city arising as a consequence of the nuisance or
128
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 13
violation, and procedures associated with collecting moneys due under this
section.
C. The provisions of subsection A of this section shall also apply to any person
who received a notice, as specified therein, and thereafter the nuisance or
violation was abated, but such person subsequently allowed or was responsible
for a recurrence of the nuisance or violation.
D. The liability of any person for the payment of the costs and expenses provided
for in subsection A of this section may be waived in whole or in part by the city
attorney in any case wherein s/he determines, in his/her sole discretion, that the
failure or refusal of such person to comply with the notice therein involved was
based upon a good faith and bona fide issue of law or fact specially involved in
the circumstances of the case. Any determination or decision of the city
attorney in this regard shall be final and conclusive and shall not be subject to
appeal as prescribed in Chapter 2.04 of this code.
E. Moneys due to the city pursuant to this section may be recovered in an
appropriate civil action. Alternatively, such liability may be enforced by special
assessment proceedings against the parcel of land upon which the nuisance
existed, which proceedings may be conducted in a manner substantively similar
to proceedings described in Section 39574 et seq., of the Government Code of
the state relating to weed abatement assessments. (Ord. 2 § 1, 1982)
1.01.270 Violation of administrative provisions.
The violation of, or the failure or omission to perform in accordance with, any
administrative provision of this code by any officer or employee of the city shall
generally not be considered a criminal act, but may be deemed a failure to perform
the duties or to observe the rules or regulations of the department, office,
commission or board within the meaning of the rules and regulations of the city, or
of the civil service regulations of the city if applicable. (Ord. 2 § 1, 1982)
1.01.300 NoticesService.
Whenever a notice is required to be given, or may be given, under any provision of
this code or any provision of any code adopted by reference by this code or any
provision of any ordinance or resolution of the city not included within this code, or
any applicable state laws or condition imposed by any entitlement, permit,
agreement or environmental documented issued or approved under the provisions
of this code or any code adopted by reference, such notice may be given as
provided in this section. Unless different or special provisions are otherwise
specifically made in this code or in some other applicable enactment, any such
notice shall be given by one of the following methods:
129
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 14
A.Personal Delivery. Delivery thereof to the person to be notified, or if a firm,
association, corporation, estate, group or club, by delivery thereof to any
partner, officer, agent, employee, director or servant thereof; or
B.Delivery to Premises. Delivering the notice to and leaving it with any person
over eighteen years of age residing in, or in charge of the premises referred to in
the matter; or
C.Posting on Premises. In case no such person is found upon the premises, by
affixing the notice to a conspicuous place on the door to an entrance to the
premises or at the abutting public right-of-way in addition to delivery by mail; or
D.Delivery by Mail. Deposit in the United States mail in a sealed envelope, postage
residence or business address as the same appears in the public records or other
records pertaining to the matters to which the notice is directed. (Ord. 2 § 1,
1982)
Notices shall be deemed issued and served at the time of personal delivery, delivery
to premises, posting on premises, and the day that the notice is deposited in the
post office or in the official receptacle thereof (exclusive of days in which the U.S.
mail is not delivered).
1.01.310 NoticesProof.
Proof of giving any notice may be made by the certificate of any officer or
employee of this city or by the affidavit or declaration under penalty of perjury of
any person over the age of eighteen years, which shows service in conformity with
this code or other provisions of law applicable to the subject matter concerned.
(Ord. 2 § 1, 1982)
130
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 15
Chapter 1.04 CITY SEAL
1.04.010 Adoption.
A corporate seal for the city is adopted, the design of which seal shall be as
follows in Section 1.04.020. (Ord. 2 § 1, 1982)
1.04.020 Design.
The seal adopted in Section 1.04.010 shall be circular in form and shall be not less
than two inches in diameter. Around its circumference shall appear the words
council resolution, additional text and/or graphic designs may be added to the seal
and changed from time to time.
131
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 16
Chapter 1.09 ADMINISTRATIVE CITATION
1.09.005 Scope.
The procedures established in this chapter shall supplement and be in addition to
any criminal, civil or other remedy established by law or under the provisions of this
Code which may be pursued to address any violation addressed in this chapter. Use
of the enforcement procedures set forth in this chapter shall be at the sole
discretion of the city.
1.09.010 Definitions.
For the purpose of this chapter:
A.
guardian of any natural person under the age of eighteen years, any corporation,
association, organization, estate, group, combination acting as a group, or any
officer, agent, employee, or servant of any of the foregoing, that cause or
maintain a violation(s) of the La Quinta Municipal Code, any code adopted by
the city council, applicable state laws or condition imposed by any entitlement,
permit, agreement or environmental document issued or approved under the
provisions of this code or any adopted code.
B.
charged by the city to enforce codes, ordinances, mandates, regulations,
resolutions, rules or other laws adopted by the city.
C.
1.01.300
1.09.020 Authority and fines.
A. Any person or entity violating any provision of the La Quinta Municipal Code or
applicable state law may be issued an administrative citation by an enforcement
officer as provided in this chapter. A violation of this code includes, but is not
limited to, all violations of the municipal code or other codes adopted by the city
council, or failure to comply with any condition imposed by any entitlement,
permit, agreement or environmental document issued or approved under the
provisions of this code or any adopted code.
B. Each and every day a violation of the municipal code or applicable state law
exists constitutes a separate and distinct offense and shall be subject to
citation.
C. A civil fine shall be assessed by means of an administrative citation issued by an
enforcement officer and shall be payable as instructed on the administrative
citation.
132
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 17
D. Fines shall be assessed in the amounts specified by ordinance of the city
council, and shall not exceed the following:
1. A fine not exceeding one hundred dollars for a first violation;
2. A fine not exceeding two hundred dollars for a second violation of the same
ordinance or permit within one year from the date of the first violation; and
3. A fine not exceeding five hundred dollars for each additional violation of the
same ordinance or permit within one year from the date of the first violation.
1.09.030 Failure to pay fines.
The failure of any person or entity to pay the civil fines assessed by an
administrative citation may result with the city pursuing any and all legal remedies
to collect the civil fines. The city may also move to recover its collections costs
according to proof.
1.09.040 Contents of notice.
Each administrative citation shall contain the following information:
1. Date and approximate time of the violation(s);
2. Address or definite description of the location where the violation(s) was
observed;
3. Name and current residential address and mailing address, if known, of
person or entity alleged to have committed the violation(s);
4. The code section(s) or condition(s) violated and a brief description of the
violation(s);
5. The amount of the fine for the violation(s);
6. An explanation of how the fine shall be paid and the time period by which it
shall be paid;
7. Identification of appeal rights, including the time within which the
administrative citation may be contested and how to obtain a request for
hearing form to contest the citation; and
8. The name and signature of the enforcement officer and, if possible, the
signature of the responsible person.
1.09.050 Satisfaction of administrative citation.
Upon receipt of a citation, the responsible person must pay the fine within fifteen
calendar days from the date the administrative citation is issued. Responsible
persons shall pay all fines assessed as instructed on the administrative citation.
Payment of a fine shall not excuse or discharge the failure to correct the
violation(s) nor shall it bar further enforcement action by the city. If the
responsible person fails to correct the violation(s) subsequent to the administrative
citation, the city may issue further citations for the same violation(s) or the city
may choose to utilize another means of enforcement. The amount of the fine for
133
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 18
failure to correct the violation(s) for each additional occurrence shall increase at a
rate specified in this chapter or by ordinance.
1.09.060 Appeal of administrative citation.
Any recipient of an administrative citation may contest that there was a violation(s)
of the La Quinta Municipal Code or that he or she is the responsible person by
completing a request for hearing form and returning it to the address stated on the
form within twenty-one calendar days from the issue date of the administrative
citation, together with an advanced deposit of the full amount of the fine. Any
administrative citation fine which has been deposited shall be refunded if it is
determined, after a hearing, that the person or entity charged in the administrative
citation was not responsible for the violation(s) or that there was no violation(s) as
charged in the administrative citation.
1.09.070 Hearing officer.
A. The director of the department of the city who is overseeing the matter which is
the subject of the administrative citation shall appoint a person or contract an
agency to provide a person who shall preside at the hearing and hear all facts
B. The employment, performance, evaluation, compensation, and benefits of the
hearing officer, if any, shall not be directly or indirectly conditioned on or in any
way related to the results or prior decisions issued by said hearing officer.
C. Any person designated to serve as a hearing officer is subject to disqualification
for bias, prejudice, interest or for any other reason for which a judge may be
disqualified pursuant to Code of Civil Procedure Section 170.1. The responsible
person may ch
with either the director of the department of the city who is overseeing the
matter which is the subject of the administrative citation or alternative employee
designated by the city to han
the hearing officer and setting forth grounds for disqualification. The question
designee within ten calendar days following the date which the disqualification
statement is filed. (Ord. 379 § 1 (part), 2002)
1.09.080 Hearing procedure.
A. No hearing to contest an administrative citation before a hearing officer shall be
held unless both a request for hearing form has been completed and submitted
and the fine for the citation has been deposited in advance. Any deposit shall
be held in a separate account, in trust, pending final resolution of the hearing.
134
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 19
B. A hearing before the hearing officer shall be set for a date that is not less than
fifteen calendar days but no more than ninety calendar days from the date that
the request for hearing is filed in accordance with the provisions of this chapter.
The responsible person requesting the hearing shall be notified of the time and
place set for the hearing at least ten calendar days prior to the date of the
hearing.
C. The hearing officer shall only consider evidence that is relevant to whether the
violation(s) occurred and whether the recipient of the administrative citation has
caused or maintained the violation(s) of the municipal code or other applicable
state law on the date(s) specified on the administrative citation.
D. The administrative citation and any additional documents submitted by an
enforcement officer shall constitute prima facie evidence of the facts contained
in those documents.
E. If the enforcement officer submits an additional written report concerning the
administrative citation to the hearing officer for consideration at the hearing,
then a copy of this report shall also be served by mail on the responsible person
requesting the hearing at least ten calendar days prior to the hearing date.
F. At least ten calendar days prior to the hearing, the recipient of an administrative
citation shall be provided with copies of the citations, reports, and other
documents submitted or relied upon by the enforcement officer. Personal
information regarding a reporting party, if any, shall not be disclosed. No other
discovery is permitted. Formal rules of the California Evidence Code and
discovery shall not apply, except that irrelevant and unduly repetitious evidence
G. The hearing officer may continue the hearing and request additional information
from the enforcement officer or the recipient of the administrative citation prior
to issuing a written decision.
H. The failure of a recipient of an administrative citation to appear at the
administrative citation hearing shall constitute forfeiture of the fine and a failure
to exhaust administrative remedies. (Ord. 379 § 1 (part), 2002)
1.09.090 Administrative order.
A. Within ten working days of the hearings conclusion, the hearing officer shall
issue the responsible person with a notice of decision and decision in writing
135
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 20
B. The administra
conclusions, and a statement regarding the procedure described in Section
1.09.110 for seeking judicial review. The decision of the hearing officer shall
be final except as provided for in Section 1.09.110.
C. If the hearing officer renders a decision in favor of the responsible person, the
administrative order shall constitute a dismissal of the municipal ordinance
violation(s) and the city shall return any monies paid by the responsible person
towards the dismissed administrative citation.
D. If the hearing officer renders a decision in favor of the city, the responsible
person must comply with the administrative order, or seek judicial review of the
administrative order pursuant to Section 1.09.110. (Ord. 379 § 1 (part), 2002)
1.09.100 Right to judicial review.
Any person or entity aggrieved by an administrative order of a hearing officer on an
administrative citation may obtain review of the administrative order by filing a
petition seeking review with the Superior Courts of California, county of Riverside
in accordance with the statutes of limitations and provisions set forth in California
Government Code Section 53069.4. (Ord. 379 § 1 (part), 2002)
1.09.110 Notices.
A. The administrative citation and all notices to be given by this chapter shall be
served on the responsible person in accordance with the provisions of Section
1.01.300 of the La Quinta Municipal Code.
B. Failure to receive any notice specified in this chapter shall not affect the validity
of any proceeding conducted hereunder. (Ord. 379 § 1 (part), 2002)
136
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 21
Chapter 2.04 COUNCIL
2.04.010 Time of regular meetings.
The regular meetings of the city council shall be held on the first and third
Tuesdays of each month at an hour to be established by resolution of the city
council. (Ord. 163 § 1, 1990; Ord. 21 § 1 (part), 1982; Ord. 4 § 1 (part), 1982;
Ord. 2 § 1, 1982)
2.04.020 Place of regular meetings.
The regular meetings of the city council shall be held at city hall, 78-495 Calle
Tampico, La Quinta, California. (Ord. 232 § 1, 1993; Ord. 21 § 1 (part), 1982;
Ord. 4 § 1 (part), 1982; Ord. 2 § 1, 1982)
2.04.030 Improper conduct at meeting.
Any member or other person using profane, vulgar, loud or boisterous language at
any meeting or otherwise interrupting the proceedings, who refuses to be seated or
kept quiet when ordered to do so by the mayor or other presiding officer of the
council, is guilty of a misdemeanor. (Ord. 2 § 1, 1982)
2.04.040 Adoption of rules of procedure.
The city council shall, by resolution, adopt rules of procedure to govern the
conduct of its meetings, any of its other functions and activities, and regulations
pertaining thereto. (Ord. 2 § 1, 1982)
2.04.050 Compensation and reimbursement.
Compensation shall be paid to each member of the city council in the amount of
twenty-three hundred dollars per month. The mayor shall receive additional
compensation in the amount of five hundred dollars per month. Further, in the
event a council member or the mayor wishes to utilize personal electronic devices
or personal data service for city-related business communication rather than city-
issued devic
adopted personnel policy shall be added to the monthly reimbursement amounts set
forth herein. In the event that official duties require travel outside the Coachella
Valley or overnight,
policy for such expenditures. The compensation amount will be effective from July
1, 2015. (Ord. 442 § 1, 2007; Ord. 430 § 1, 2006; Ord. 419 § 1, 2005; Ord. 386
§ 1, 2003; Ord. 335 § 2, 2000; Ord. 322 § 2, 1998; Ord. 231 § 1, 1993; Ord.
100 § 1, 1986; Ord. 83 § 1, 1985; Ord. 36 § 1, 1983; Ord. 11 § 1, 1982; Ord. 2
§ 1, 1982)
2.04.060 Commission appointments.
137
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 22
Unless otherwise specifically provided in this code or by state law, all city board
and commission appointments, except for ex officio members where applicable,
shall be made by the city council. (Ord. 2 § 1, 1982)
2.04.100 Appeals to council.
A. Except when an appeals procedure is otherwise specifically set forth in this
code, any person excepting to the denial, suspension, or revocation of a permit or
license applied for or held by him/her pursuant to any of the provisions of this
code, or to any administrative decision made by any official of the city, if the
denial, suspension, or revocation of the permit or license, or the determination of
the administrative decision involves the exercise of administrative discretion or
personal judgment exercised pursuant to any of the provisions of this code, may
appeal in writing to the council by filing with the city clerk a written notice of the
appeal.
B. No appeal may be taken to any such administrative decision made by an
official of the city pursuant to any of the provisions of this chapter unless the
decision to appeal has been first taken up with the permit administrator and with
the city manager, and each such official has not adjusted the matter to the
C. No right of appeal to the council from any administrative decision made by
an official of the city pursuant to any of the provisions of this code shall exist
when the decision is ministerial and thus does not involve the exercise of
administrative discretion or personal judgment exercised pursuant to any of the
provisions of this code, whether the administrative decision involves the denial,
suspension, or revocation of a permit, license, or any other administrative decision.
Also, there shall be no such right of appeal with regard to law enforcement
activities involving state law. (Ord. 2 § 1, 1982)
2.04.110 Notice of appealTime limitContentsFee.
A. Any such notice of appeal shall not be acted upon unless filed within ten
days after service of written notice of the action being appealed; provided, that if
the notice of action has not been served in writing, the appellant may, within ten
days after being apprised of the action, demand service of written notice thereof,
and shall have ten days following such service in which to file the notice of appeal.
B. The notice of appeal shall be in writing and shall set forth (1) name(s) of the
the specific grounds of the appeal; (3) the relief or action sought from the city
council; and (4) the signatures of all parties named as appellants and their mailing
addresses. The notice of appeal, or certain information contained in the notice of
appeal, may be subject to public disclosure.
138
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 23
C. A filing fee for the appeal, established from time to time by city council
resolution, must be paid to the city at or prior to the time of the filing of the appeal.
D. Except in those instances where an appeal is filed by the city manager or
other public official in pursuance of official duties, the written notice of appeal from
the action of an administrative official or from an administrative body of the city, as
the case may be, shall be accompanied by such fee as may have been established
by resolution of the city council. (Ord. 2 § 1, 1982)
E. Any appeal filed that fails to provide all of the information required by this
section, or fails to include the appropriate filing fee, or both, shall be deemed
incomplete. The city clerk shall return the incomplete appeal to the appellant with
a brief statement explaining the reasons for the deficiency, and the appellant shall
thereafter be allowed five days in which to perfect and refile the notice of appeal.
2.04.115 Waiver of appeal fees.
A. The city manager may waive the fee required for filing an appeal as set forth
in Section 2.04.110 of this chapter or in any other applicable city code section if
the appellant meets the requirements of this section.
B. The party seeking the fee waiver must be the real, and not nominal, party in
interest, and shall not be granted a waiver if there are any interested parties
financially capable of paying the fee.
C. Subject to the limitations of subsection B of this section, waiver of the fee
shall be granted by the city manager if the applicant declares under penalty of
perjury and the city clerk determines that the applicant is receiving benefits
pursuant to the Supplemental Security Income (SSI) and State Supplemental
Payments (SSP) programs (Sections 12200 through 12205.2 of the California
Welfare and Institutions Code), or the Aid to Families with Dependent Children
(AFDC) program (42 United States Code 601 through 644), or the Food Stamp
program (7 United States Code 2011 through 2027) or Section 17000 of the
California Welfare and Institutions Code or the appellant declares under penalty of
perjury that their monthly income is less than the current monthly poverty threshold
annually established by the U.S. Community Services Administration pursuant to
Section 625 of the U.S. Economic Opportunity Act of 1964, as amended. In order
to be considered for the fee waiver, appellant must obtain from the city manager
and fully complete and submit an application for waiver of city appeal fees. The
city manager may require the appellant to furnish such financial information as the
city manager deems necessary to deem the application complete in order to make a
decision. The decision of the city manager on the fees waiver shall be final and
139
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 24
conclusive and there shall be no appeal to a city body or official from such
decision.
D. An appellant desiring waiver of an appeal fee shall submit a fully completed
application for waiver of city appeal fees at the same time as the appeal is filed.
Said appellant shall furnish within
any additional information requested by the city manager to substantiate the waiver
request. If the information requested is not furnished within two working days, the
city manager may deny the fee waiver request. After an appellant requests waiver
of the appeal fee, the applicable dates or time periods for hearing the appeal shall
be tolled until the city manager decides the fee waiver request.
E. Any person who willfully provides the city manager with false statements of
material facts is guilty of a misdemeanor and upon conviction thereof is punishable
by a fine of not more than one thousand dollars or by imprisonment for a period of
not more than six months, or by both such fine and imprisonment. (Ord. 412 §§ 1,
2, 2005)
2.04.120 AppealsHearingsNotices.
Upon the timely filing of a complete notice of appeal in proper form, along with the
filing fee, if applicable, the appeal shall be reviewed by the city manager. Unless an
adjustment of the matter is made by the city manager satisfactory to the appellant,
the city clerk shall schedule the matter promptly upon the city council agenda at a
subsequent regular meeting and shall cause notice thereof to be given the appellant
not less than five days prior to the hearing, unless the notice is waived in writing
by the appellant. Notice shall be served in accordance with 1.01.300. The city
clerk shall also cause a copy of the notice of appeal to be transmitted to the official
or body whose action has been appealed. (Ord. 2 § 1, 1982)
2.04.130 AppealsHearings.
A. The city council at the hearing may limit participation in the hearing to the
directly interested parties, or may allow participation by the public. Such public
participation, however, shall only be appropriate when the council deems it
necessary and in the public interest. If a hearing is ordered open to public
participation, notice thereof shall be given by posting notice of the hearing in
accordance with city council rules of procedure for council meetings, in accordance
with state law for notice of a public hearing, if applicable, and by such other means
as the city council deems necessary.
B. At the time of consideration of the appeal by the city council the appellant
shall be limited to a presentation on the specific grounds of appeal and matters set
forth in the notice of appeal. The appellant shall have the burden of establishing
cause why the action being appealed should be altered, reversed or modified. The
140
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 25
council may continue the matter from time to time, and at the conclusion of its
consideration may affirm, reverse or modify the action being appealed and may
take any action which might have been legally taken in the first instance by the
official or body from whose action the appeal has been taken. In ruling on the
appeal the findings and action of the council shall be final and conclusive in the
matter. (Ord. 2 § 1, 1982)
141
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 26
Chapter 2.08 CITY MANAGER
2.08.010 Office createdTerm.
The office of the city manager is created and established. The city manager shall
be appointed by the city council wholly on the basis of administrative and
executive ability and qualifications. The city manager shall hold office for and
during the pleasure of the city council. (Ord. 2 § 1, 1982)
2.08.020 Eligibility.
No member of the city council shall be eligible for appointment as city manager
until one year has elapsed after the council member has ceased to be a member of
the city council. (Ord. 2 § 1, 1982)
2.08.030 Compensation.
The city manager shall receive such compensation and expense allowances as the
city council shall from time to time determine, and such compensation shall be a
proper charge against such funds of the city as the council shall designate. (Ord. 2
§ 1, 1982)
2.08.040 Expense reimbursement.
The city manager shall be reimbursed for all actual and necessary expenses
incurred by him/her in the performance of official duties, including those incurred
when traveling on business pertaining to the city. (Ord. 2 § 1, 1982)
2.08.050 Designation of acting city manager.
The city manager, by a letter filed with the city clerk, shall designate a qualified
city administrative officer to exercise the powers and perform the duties of
manager during his/her temporary absence or disability. The city council may
appoint, at any time, an acting city manager. If the city manager is removed from
office in accordance with the provisions in this chapter, the city council shall
appoint an acting or interim city manager to serve as such until the city council
appoints a permanent city manager. (Ord. 2 § 1, 1982)
2.08.060 Powers and duties.
The city manager shall be the administrative head of the government of the city
under the direction and control of the city council except as otherwise provided in
this chapter. The city manager shall be responsible for the efficient administration
of all affairs of the city which are under his/her control. In addition to his/her
general powers as administrative head, and not as a limitation thereon, s/he shall
be expected to, and shall have the power to:
A. Enforce all laws and ordinances of the city and to see that all franchises,
contracts, permits and privileges granted by the city council are faithfully
observed;
142
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 27
B. Appoint, remove, promote and demote any and all officers and employees of the
city except elective officers and the city attorney, subject to all applicable
personnel rules and regulations which may be adopted by the city council, or
imposed by the state or federal governments;
C. Control, order and give directions to all department heads who are subject to
his/her appointment and removal authority, and to subordinate officers and
employees of the city under his/her jurisdiction through their department heads;
D. Conduct studies and effect such organization and reorganization of offices,
positions or units under his/her direction as may be indicated in the interest of
efficient, effective and economical conduct of the city's business;
E. Recommend to the city council for adoption such measures and ordinances as
s/he deems necessary;
F. Attend all meetings of the city council unless excused therefrom by the mayor
individually or the city council as a whole, except when his/her removal is under
consideration;
G. Prepare and submit the proposed annual budget and the proposed annual salary
plan to the city council for its approval;
H. To serve as purchasing agent, collector, tax administrator, and fee administrator
as defined by this code, or appoint an officer or employee to serve in one or
more of these capacities, and thereafter direct and supervise such activities of
the city;
I. Keep the city council at all times fully advised as to the financial condition and
needs of the city;
J. Make investigations into the affairs of the city and any department or division
thereof and any contract or the proper performance of any of the obligations of
the city; and further, to investigate all complaints in relation to matters
concerning the administration of the city government and in regard to the
service maintained by public utilities in the city;
K. Exercise general supervision over all public buildings, public parks and all other
public properties which are under the control and jurisdiction of the city council;
L. Have the same authority as the mayor (as conveniences to the parties may
dictate) to sign documents specified in Section 40602 of the Government Code
143
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 28
whenever such documents have been approved by the city council for execution
by resolution, motion, minute order or other appropriate action; and
M. Perform such other responsibilities and exercise such other powers as may be
delegated to him from time to time by ordinance or resolution or other official
action of the city council. (Ord. 334 § 1, 1999; Ord. 196 § 1, 1991; Ord. 2 §
1, 1982)
2.08.070 Relations with council.
The city council and its members shall deal with the administrative services of the
city only through the city manager, except for the purpose of inquiry, and neither
the city council nor any member thereof shall give orders to any subordinates of
the city manager. For purposes of this section, inquiry means any and all
communications short of giving orders, directions or instructions to any member of
the administrative staff. Such members shall give all information reasonably
requested by any councilmember. The city manager shall take his orders and
instructions from the city council only when sitting in a duly convened meeting of
the city council and no individual councilman shall give any orders or instructions to
the city manager. The city council shall instruct the city manager in matters of
policy. Any action, determination or omission of the city manager shall be subject
to review by the city council. The city council may not overrule, change or modify
any such action, determination or omission except by the affirmative vote of at
least three members of the city council. (Ord. 2 § 1, 1982)
2.08.080 Departmental cooperation.
It shall be the duty of all subordinate officers and the city attorney and city clerk to
assist the city manager in administering the affairs of the city efficiently,
economically and harmoniously. (Ord. 334 § 2, 1999; Ord. 2 § 1, 1982)
2.08.090 Attendance at commission meetings.
The city manager may attend any and all meetings of the planning commission, and
any other commission, board or committee created by the city council, upon his/her
own volition or upon direction of the city council. At such meetings which the city
manager attends, s/he shall be heard by such commissions, boards or committees
as to all matters upon which s/he wishes to address the members thereof. S/He
shall inform such members as to the status of any matter being considered by the
city council, and s/he shall cooperate to the fullest extent with members of all
commissions, boards or committees appointed by the city council. (Ord. 2 § 1,
1982)
2.08.100 RemovalMethodNotice.
The removal of the city manager shall be effected only by a majority vote of the
whole council as then constituted, convened in a regular council meeting, subject,
144
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 29
however, to the provisions of Sections 2.08.110 through 2.08.160. In case of
his/her removal by the city council, the city manager shall be furnished with a
written notice stating the council's intention to remove him/her and the reason
therefore at least thirty days before the effective date of his removal. (Ord. 2 § 1,
1982)
2.08.110 RemovalHearing.
Within seven days after the delivery to the city manager of the notice required in
Section 2.08.100, s/he may, by written notification to the city clerk, request a
hearing before the city council. Thereafter, the city council shall fix a time for the
hearing which shall be held at its usual meeting place, but before the expiration of
the thirty-day period, at which the city manager shall appear and be heard, with or
without counsel. (Ord. 2 § 1, 1982)
2.08.120 RemovalSuspension pending hearing.
After furnishing the city manager with written notice of intended removal, the city
council may suspend him/her from duty, but his/her compensation shall continue
until the latter of (a) the effective date of his/her removal as stated in the written
notice of intention to remove him/her, or (b) his/her removal by resolution of the
council passed subsequent to the hearing described in Section 2.08.110. (Ord. 2 §
1, 1982)
2.08.130 RemovalCouncil discretion.
In removing the city manager, except as provided in Section 2.08.150, the city
council shall use its uncontrolled discretion and its action shall be final and shall not
depend upon any particular showing or degree of proof at the hearing, the purpose
of which is to allow the city manager to present to the city council his/her grounds
of opposition to his/her removal prior to its action. (Ord. 2 § 1, 1982)
2.08.140 RemovalLimitation.
Notwithstanding the provisions of Sections 2.08.100 through 2.08.130, the city
manager shall not be removed from office, other than for misconduct in office,
during or within a period of ninety days next succeeding any general municipal
election held in the city at which election a member of the city council is elected.
The purpose of this provision is to allow any newly-elected member of the city
council or a reorganized city council to observe the actions and ability of the city
manager in the performance of the powers and duties of his/her office. After the
expiration of the ninety-day period aforementioned, the provisions of Sections
2.08.100 through 2.08.130 as to the removal of the city manager shall apply and
be effective. (Ord. 2 § 1, 1982)
2.08.150 Willful misconductDetermination.
145
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 30
In the event the intended removal of the city manager is for willful misconduct in
office, written notice to the city manager as provided in Section 2.08.100 shall
state that the reason for removal is willful misconduct in office and shall state
specific facts which constitute such willful misconduct. The procedure for hearing
and for suspension pending hearing shall be followed as stated in Sections
2.08.100 through 2.08.140. A determination of willful misconduct in office shall
be evidenced by specific findings of facts constituting such willful misconduct. The
determination of what constitutes willful misconduct shall be within the sole
discretion of the city council; provided, that it shall relate to the welfare of the city.
(Ord. 2 § 1, 1982)
2.08.160 Willful misconductDefined.
Willful misconduct includes conduct directly related to conduct in office and/or
directly related to the duties of the office. It includes the refusal to follow the
lawful directions of the city council. It also includes conduct not directly related to
the performance of official duties of the office when such conduct has a direct and
harmful effect on the welfare of the city. Evidence of such direct and harmful
effect includes, but is not limited to, conviction of a felony. (Ord. 2 § 1, 1982)
2.08.170 Agreement with council.
Nothing in this chapter shall be construed as a limitation on the power or authority
of the city council to enter into agreement with the city manager delineating terms
and conditions of employment. (Ord. 2 § 1, 1982)
2.08.180 Appeals to the city manager.
The city manager shall conduct a hearing when requested by any person aggrieved
by an administrative decision made by any city official before the matter may be
appealed to council.
In the event no appeal is made within the time period or in the manner prescribed in
this Code, the decision of the city official shall become final and conclusive on the
expiration of the time fixed for an appeal.
2.08.190 Notice of appealTime limit-Contents-Fee.
A Within ten days after the issuance of an administrative decision, an appellant
may request a hearing before the city manager to present evidence on his/her
behalf.
B. The notice of appeal shall be in writing and shall set forth (1) name(s) of the
(3) the relief or action sought from the city manager; and (4) the signatures of all
parties named as appellants and their mailing address. The notice of appeal may
also include any additional information or documentation the appellant(s) wish to
146
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 31
provide on the matter. The notice of appeal, or certain information contained in the
notice of appeal, may be subject to public disclosure.
C. Except in those instances where an appeal is filed by a public official in
pursuance of official duties, the written notice of appeal from the action of an
administrative official shall be accompanied by such fee as may have been
established by resolution of the city council. An applicant may request a waiver of
a filing fee, which shall be reviewed and decided upon, based on the provisions set
forth in Section 2.04.115 of this code.
D. Any appeal filed that fails to provide all of the information required by this
section, or fails to include the appropriate filing fee, or both, shall be deemed
incomplete. The city clerk shall return the incomplete appeal to the appellant with
a brief statement the reasons for the deficiency, and the appellant shall thereafter
be allowed five days in which to perfect and refile the notice of appeal.
2.08.200 Appeal initiated by the city manager.
At the discretion of the city manager, or as required in this code, the city manager
may initiate and conduct a hearing prior to the issuance of an administrative
decision to afford an applicant an opportunity to present evidence on the
revocation is about to be issued. Notice shall be serviced as prescribed in Section
1.01.300 and the city manager may include in the notice a requirement for the
applicant to provide additional information or documentation at the time of the
hearing.
2.08.210 AppealsHearingsNotices.
Upon the timely filing of a notice of appeal in proper form, the city manager shall
set the time and place for such hearing and shall serve notice to the appellant
pursuant to Section 1.01.300 as soon as practical thereafter but in no event, shall
the notice be served less than five days prior to the date of the hearing thereon.
Where applicable, the notice shall state the grounds for the administrative decision
at issue.
2.08.220 Failure to Appeal.
In the event no appeal is made within the time period or in the manner prescribed in
this Code, the decision of the city manager shall become final and conclusive on
the expiration of the time fixed for an appeal.
2.08.230 Appeals to the city council.
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.
147
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 32
Chapter 2.10 CITY CLERK
2.10.010 Authority for office.
The office of the city clerk is established pursuant to Section 36501 of the
Government Code. (Ord. 2 § 1, 1982)
2.10.020 Compensation.
The city clerk shall receive such compensation and expense allowance as the city
manager from time to time determines, and such compensation shall be a proper
charge against such funds of the city as the city manager designates. (Ord. 496 §
1, 2012; Ord. 2 § 1, 1982)
2.10.030 Functions.
A. The city clerk shall have all of the powers, duties and responsibilities granted to
and imposed upon the office of the city clerk by the provisions of Chapter 2 of
Part 3 of Division 3 of Title 4 of the Government Code of the state, other
general laws of the state, the provisions of this code, and the ordinances and
resolutions of the city council; provided, however, pursuant to the provisions of
Section 40805.5 of the Government Code, the financial and accounting duties
imposed upon the city clerk by Sections 40802 through 40805 of the
Government Code shall be performed by the director of finance.
B. The principal functions of the city clerk shall be to:
1. Attend all meetings of the city council and be responsible for the recording
and maintaining of a record of all the actions of the council;
2. Keep all ordinances and resolutions of the council in such a manner that the
information contained therein will be readily accessible and open to the
public. The city clerk shall attach to the original copy of each ordinance a
certificate which shall state the date the ordinance was adopted and, as to
an ordinance requiring publication, that the ordinance has been published or
posted in accordance with law;
3. Keep all records of the council and of the office of the city clerk in such
manner that the information contained therein will be readily accessible and
open to the public until such time as any of the records may be destroyed, or
reproduced and the original destroyed, in accordance with state law;
4. Serve as the official custodian of all city records;
5. Be the custodian of the seal of the city;
6. Prepare the council agenda;
7. Perform the duties prescribed by the California Elections Code in conducting
municipal elections;
8. Perform the duties imposed upon city clerks by the California Political Reform
Act;
148
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 33
9. Perform the duties imposed upon city clerks by the California Ralph M.
Brown Act;
10. Perform the duties imposed upon city clerks by the California Public
Records Act;
11. Be responsible for the maintenance and distribution of the municipal
code;
12. Process all claims filed against the city and its officers, agents, or
employees, pursuant to the provisions of Chapter 1 of Part 3 of Division 3 of
Title 1 of the Government Code of the state and Chapter 3.16 of this code;
and
13. Perform such other duties consistent with this code as may be
required of the city clerk, by the city manager. (Ord. 334 §§ 35, 1999;
Ord. 196 § 2, 1991; Ord. 2 § 1, 1982)
149
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 34
Chapter 2.12 DIRECTOR OF FINANCE
2.12.010 Office created.
The office of the director of finance is created and established. The director of
finance shall be the chief fiscal officer and city treasurer of the city. (Ord. 2 § 1,
1982)
2.12.020 Appointment.
The city manager shall appoint the director of finance, and s/he shall serve at and
during the pleasure of the city manager. The director of finance shall be qualified by
sufficient technical accounting training, skill and experience to be proficient in the
office and shall show evidence of executive ability. (Ord. 2 § 1, 1982)
2.12.030 Duties.
The duties of the director of finance shall be as follows:
A. To serve as chief fiscal officer of the city;
B. To serve as city treasurer as established pursuant to California Government
Code Section 36501;
C. To perform all financial and accounting duties imposed upon the city treasurer
by California Government Code Sections 41001 through 41007;
D. To assist and advise the administration and the city council in all matters
pertaining to city finances;
E. To perform all financial and accounting duties imposed upon the city clerk by
California Government Code Sections 40802 through 40805;
F. To develop and maintain, in accordance with the state laws and city ordinances
and the best accepted procedures, adequate financial records, reports and
budgetary control of all receipts, disbursements and reserves of the city;
G. To supervise the keeping of current inventories of all property of the city
departments, offices and agencies;
H. To prescribe and develop accounting forms, reports and procedures in
conjunction with administrative needs and requests, and as required by law;
I. To audit all demands in accordance with Sections 3.16.020 through 3.16.050
and 3.16.080 of this code;
J. To prepare annually for budget purposes an estimate of revenues for the city
manager, and assist the city manager in compiling the annual budget in
accordance with the prescribed chart of accounts and accepted procedures;
K. To assist the city council and the city manager in formulating a long-range
financial plan and program;
L. To perform such other duties related to administrative and general services for
the municipal government and business operations as may be delegated to the
director of finance by the city manager. (Ord. 103 § 1, 1987; Ord. 2 § 1, 1982)
150
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 35
2.12.040 Independent audit.
The council shall require annually an independent audit of the accounts and records
of the treasurer and department of finance. This auditor shall be selected by council
and shall be qualified as a certified public accountant. (Ord. 2 § 1, 1982)
Chapter 2.55 OFFICIAL HOLIDAYS
2.55.010 Official holidays.
A. Excluding those offices which must remain open for the continuation of
essential public services such as police and fire protection, the public offices of
the city shall be closed on Saturdays and Sundays, and holidays as established
in the most recent personnel policy adopted by resolution of the city council.
B. Holidays falling on Sunday will be observed on the following Monday. Holidays
falling on Saturday shall be observed on the preceding Friday unless otherwise
provided in the most recent personnel policy.
C. Other holidays may be designated by resolution or ordinance of the city council.
D. Notwithstanding the foregoing provisions of this section, the city manager shall
be authorized, by administrative regulation or otherwise, to direct that all or a
portion of the public offices of the city shall remain open for business, on a full
or reduced staff basis, on any of the days or holidays prescribed above, when
he determines it to be necessary in the public interest to do so. (Ord. 102 § 1,
1987; Ord. 20 § 1, 1982; Ord. 2 § 1, 1982)
151
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 36
Chapter 2.65 ART IN PUBLIC PLACES
2.65.010 Intent and purpose.
A. This chapter may be known and cited as the La Quinta Art in Public Places
Program. The city of La Quinta has developed a nationwide reputation through
the annual La Quinta Arts Festival and other artistic events, and attracts
thousands of visitors every year to view and purchase fine art and crafts in the
city. The public health, safety and welfare, the preservation and enhancement
of property values and economic vitality, as well as the popularity and
prosperity of the community, are dependent upon and enhanced by visually
pleasing and high quality public art.
B. The stated goal of the Cultural Resources Element of the general plan is to
provide enrichment of the community by adequate cultural and recreational
facilities and activities. To implement this goal, the general plan further states
that the cultural resources of a city encompass those facilities and programs
which refresh, enhance or recreate people's bodies and spirits. Community
parks, recreational activities, historic resources, library and museum facilities
and art festivals are included in this classification. The art in public places
program is intended to achieve this purpose by providing visual art throughout
the city.
C. Residential and commercial development throughout the city will benefit from
public art, both financially and visually. All property within the city will prosper
through the enhancement and preservation of property values that will result
from the location of visual art throughout the city. As such, the cost of
providing public art should be shared. This program is a means of achieving a
balanced responsibility of providing a cultural enhancement.
D. Therefore, the city council declares that artwork in its various physical forms
displayed in public venues in the city constitute public facilities of benefit to the
citizens and visitors to the city and in the interest of the public health, safety
and welfare, it is the policy of the city to require acquisition and installation of
public artworks as provided in this chapter. (Ord. 277 § 1 (Exh. A), 1995; Ord.
173 § 1 (part), 1990)
2.65.020 Findings.
The city council makes the following findings in connection with the adoption of
the ordinance codified in this chapter:
152
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 37
A. There is a reasonable relationship between the acquisition of artworks through
the art in public places program and the projects on which the fees provided by
this chapter shall be imposed because:
1. Artworks will enhance the real property values within the city generally,
including the developments on which the fees will be imposed, and
2. Artworks will, by enhancing the aesthetic values of the city as a whole,
make the city an attractive place to live and work, thereby making the city
more vital; and
B. There is a reasonable relationship between the need for cultural amenities such
as art and the developments upon which the fees provided for herein shall be
imposed because the development of real property generally necessitates that
additional costs be incurred and amenities be provided to provide for
harmonious and aesthetically pleasing environments created by the
development; and
C. The amount of the fee is reasonably related to the artworks to be acquired
because the amount of the fee increases as the value of the development upon
which the fee is imposed rises, so there will be a direct and proportionate
relationship between the size of the development and the quantity or quality of
artwork which can be purchased from the fees generated by the development
upon which the fees shall be imposed. (Ord. 277 § 1 (Exh. A), 1995; Ord. 173
§ 1 (part), 1990)
2.65.030 Definitions.
As used in this chapter:
A. Arts application means the application to be submitted by a project applicant
pursuant to Section 2.65.070.
B. Art in public places fund means the fund established by Section 2.65.110.
C. Art site means any site, upon which the artwork is to be located, on public or
private property within the city which is accessible and visible to the general
public.
D. Artwork means original creations of art including, but not limited to, the
following categories: sculpture, murals, mosaics, fountains, and paving designs.
These categories may be realized through such media as steel, bronze, stained
glass, concrete, wood, ceramic tile and stone, as well as other suitable
materials.
E. Commission means the community services commission as appointed in Section
2.95 of this Charter and municipal code.
153
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 38
F. Fee or fees means the fees imposed by this chapter.
G. Projects mean all construction or rehabilitation in the city covered by a single
building permit.
H. Project costs means the value of the improvements for a project based upon the
building permit valuation submitted. (Ord. 317 § 1, 1998; Ord. 277 § 1 (Exh.
A), 1995; Ord. 203 §§ 1, 2, 1992; Ord. 173 § 1 (part), 1990)
2.65.050 Requirement to provide artwork or pay development fee.
When a project is subject to the requirements of this chapter pursuant to Section
2.65.060, the project applicant shall pay a development fee, as described in
subsection A of this section, or shall comply with the provisions of subsection B of
this section. Project applicants shall indicate on their art in public places application
whether the project applicant will comply with subsection A or B of this section.
A. Development Fees. The project applicants shall pay a fee to be deposited in the
art in public places fund established pursuant to Section 2.65.110 equal to the
amount provided in Section 2.65.090 of this chapter for the project.
B. Provision of Artwork. In lieu of paying the development fee as required by
subsection A of this section, the project applicant may acquire and install an
artwork on an art site on or in the vicinity of the project site pursuant to Section
2.65.100 of this chapter. As a guide, the cost or value of such artwork should
approximate the amount of the fee that would be paid under subsection A of
this section. The project applicant shall receive credit for the fee required by
subsection A of this section only in the actual amount of the cost of value of
artwork acquired and installed, plus costs of installation. Only project applicants
liable for a fee pursuant to subsection A of this section that is in excess of five
thousand dollars shall be permitted to elect to provide an artwork pursuant to
this subsection unless such project applicant proposes to furnish artwork in
excess of the amount of such fee and in a minimum amount of five thousand
dollars. (Ord. 277 § 1 (Exh. A), 1995; Ord. 173 § 1 (part), 1990)
2.65.060 Projects subject to art in public places program requirements.
A. Requirements. The requirements of this chapter shall apply to all works of
construction or rehabilitation for which a building permit is applied for within the
city which constitutes or includes the following activities and which are not
subject to the exceptions set forth in subsection B of this section:
1. New commercial and industrial construction;
154
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 39
2. Remodeling, repair or reconstruction of existing commercial or industrial
property having project costs which exceed one hundred thousand dollars in
expenditures;
3. Residential subdivision or development of two units or more, whether by
detached single-family residential structures, condominiums, apartments,
townhouses or other dwelling units, including the repair, remodeling or
renovation of same, having project costs exceeding one hundred thousand
dollars;
4. Individual residential units (defined as not more than one single-family
dwelling which is to be constructed on an individual lot or parcel) having
project costs of more than one hundred thousand dollars.
B. Exceptions. The requirements of this chapter shall not apply to the following
activities:
1. Public projects;
2. Remodeling, repair or reconstruction of structures which have been damaged
by fire, flood, wind, earthquake or other calamity;
3. Nonprofit social service or cultural institution projects;
4. Low to moderate housing projects as defined by household income in Health
and Safety Code Section 50093. (Ord. 277 § 1 (Exh. A), 1995; Ord. 203 §§
3, 4, 1992; Ord. 173 § 1 (part), 1990)
2.65.070 Processing of arts application.
A. Upon submission of a project application for a project subject to the
requirements of this chapter, the city shall provide to the project applicant a
copy of the ordinance codified in this chapter and an arts application form.
B. The project applicant shall submit to the city a completed arts application form,
describing the manner in which the project applicant intends to establish
compliance with this chapter. The arts application shall include, for project
applicants intending to meet the requirements of Section 2.65.050(B), a
complete description of the artwork, if any, the cost or estimated cost of the
artwork and installation, the agreement or means by which the project applicant
will meet the requirements of Section 2.65.100 of this chapter, and a site plan
showing the location of the artwork, complete with landscaping, lighting and
other appropriate accessories to complement the artwork.
C. The city shall, upon receipt of the arts application, submit the arts application to
the community services commission.
D. The community services commission shall, within thirty days from the date of
submittal of the application by the city, submit to the city council comments
155
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 40
and a recommendation on the proposed arts application, based upon the
guidelines set forth in Section 2.65.080.
E. The arts application shall then be submitted to the city council, which may ratify
the application based upon the guidelines set forth in Section 2.65.080. (Ord.
317 § 3, 1998; Ord. 277 § 1 (Exh. A), 1995; Ord. 173 § 1 (part), 1990)
2.65.080 Regulations for artwork.
A. Guidelines. Guidelines for the approval of artwork shall include, but are not
limited to, the following criteria:
1. The artwork shall be easily visible and accessible to the public;
2. The composition of the artwork shall be of appropriate materials in order to
be durable against vandalism, theft and weather, and in order to require a
low level of maintenance. The review may consider the proposed location of
the artwork;
3. The artwork shall be related in terms of scale, material, form and content to
immediate and adjacent buildings and landscaping so that it complements the
art site and surrounding environment;
4. The artwork shall be designed and constructed by persons experienced in the
production of such artwork and recognized by critics and by his or her peers
as one who produces works of art;
5. The artwork shall be appropriately affixed to its site or display.
B. Limitations. The following items are not to be considered as artworks:
1. Art objects which are mass produced from a standard design;
2. Decorative, ornamental or functional elements which are designed by a
building architect as opposed to an artist commissioned for the purpose of
creating the artwork;
3. Services or utilities necessary to operate or maintain the artwork.
C. Use and Maintenance of Art Work. Artwork acquired by expenditures from the
art in public places fund shall be the property of and maintained by the city. The
city may dispose of such artwork at its discretion, subject to any agreement
with artists or otherwise relating to any specific artwork. The artworks acquired
and installed by a project applicant for which credit for the fee required by
Section 2.65.050 is given pursuant to Section 2.65.100 of this chapter shall be
the property of and maintained by the project applicant, except to the extent
the city has rights in or to the artwork or the display thereof pursuant to the
agreement with the project applicant entered into pursuant to Section 2.65.100.
Alternatively, artwork acquired by the project applicant in lieu of the fee may be
donated to the city to be maintained by the city. (Ord. 317 § 4, 1998; Ord. 277
§ 1 (Exh. A), 1995; Ord. 173 § 1 (part), 1990)
156
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 41
2.65.090 Development fee.
There will be, and there is established, an art in public places fee (referred to
occasionally in this chapter as the fee or fees) to be collected as follows:
A. Fees are to be collected with respect to all projects prior to or at the time of
issuance of a building permit, except in the case of residential development of
more than one dwelling unit, where the fee shall be collected on a pro rata basis
for each dwelling when it receives its final inspection or certificate of
occupancy, whichever occurs first. The city manager, or other such person
appointed by him/her, is appointed as the authorized individual to collect the
fees.
B. All residential structures whose project costs is in excess of two hundred
thousand dollars will be charged a fee hereunder equal to the greater of:
1. One-fourth of one percent for that portion of project cost in excess of two
hundred thousand dollars; or
2. Twenty dollars.
C. All commercial developments, industrial developments and nonresidential
development within the city will be charged a fee hereunder equal to the greater
of:
1. One-half of one percent of the project costs; or
2. Twenty dollars.
D. The fees will be collected prior to the issuance of any building permit
commencing on the date the ordinance codified in this chapter becomes
effective. (Ord. 339 § 1, 2000; Ord. 317 § 5, 1998; Ord. 277 § 1 (Exh. A),
1995; Ord. 203 § 5, 1992; Ord. 173 § 1 (part), 1990)
2.65.100 CreditsAgreements as to particular projects.
A. A project applicant may apply for a credit against the fee otherwise required to
be paid by the project applicant under Section 2.65.050 of this chapter, of one
hundred percent of the cost of an artwork and costs of installation for including
an artwork in an art site subject to this chapter, provided that such work shall
be approved by the commission, and the project shall enter into a written
agreement with the city providing that the artwork shall be installed, maintained
and open to public view at reasonable hours for a minimum period of twenty-
five years after installation. The written agreement may be extended by the city
for ten-year increments.
B. Nothing herein shall restrict the city council from waiving the requirements of
this chapter, in whole or in part, with respect to any project otherwise subject
to the provisions of this chapter; provided, that the city council determines that
the project applicant has entered into an agreement with the city making
157
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 42
provision for the acquisition and installation of artworks in connection with the
development of the project which addresses the goals and aims of this chapter
in a manner equally favorable to or on a basis more favorable to the city than
would be achieved by strict compliance with this chapter. (Ord. 277 § 1 (Exh.
A), 1995; Ord. 173 § 1 (part), 1990)
2.65.110 Art in public places fund.
A. Accounting. The fees imposed pursuant to Section 2.65.090 of this chapter and
any other moneys collected in accordance with provisions of this chapter shall
be deposited in a separate account, entitled the art in public places fund. The
city manager or his/her designee shall establish accounting records sufficient to
identify and control these funds. The amounts held in the art in public places
fund shall otherwise be accounted for, deposited, invested and expensed as
provided by law and the practices and policies of the city. The account
containing these funds may be invested along with other moneys of the city and
the investment earnings thereon shall be used for and be subject to the same
restrictions established in subsection B of this section.
B. Use of Fund. Expenditures of the fees collected in the art in public places fund
may include the following:
1. The cost of artwork and its installation;
2. The cost of purchase or lease of art sites;
3. Waterworks, landscaping, lighting and other objects which are an integral
part of the artwork;
4. Frames, mats, pedestals and other objects necessary for the proper
presentation of the artwork;
5. Walls, pools, landscaping or other architectural or landscape architectural
elements necessary for the proper aesthetic and structural placement of the
artwork;
6. Expenditures for maintenance and repair of artwork;
7. Administrative expenses to otherwise implement any provision of this
chapter, however, in no event shall said administrative expenses exceed five
percent of the total funds in the account on July 1st of any year nor twenty-
five thousand dollars in any fiscal year.
C. Endowments. The art in public places fund shall also be used as a depository for
endowments, bequests, grants or donations. Such sums may be expended as
set forth in subsection B of this section and for art exhibitions or displays as
approved by the city council.
D. Replacement. For those artworks that have been purchased with moneys from
the art in public places fund or donated to the city, the city may determine to
sell or exchange existing artworks for replacement artworks. Any funds
158
Ordinance No. ___
Municipal Code Title 1 & 2 Amendments
Adopted:
Page 43
obtained from the sale of artwork shall be credited to the art in public places
fund. Artwork owned privately and on display by in-lieu agreement may be
exchanged with city council approval or the original fee paid to the art in public
places fund.
E. Reimbursement. In the event fees have not been committed for a use as
specified in subsection B of this section within five years of their collection, the
fees in the art in public places fund shall be distributed by the city to the person
or entity who has paid the fees or in any other manner permitted by law. (Ord.
317 § 6, 1998; Ord. 277 § 1 (Exh. A), 1995; Ord. 173 § 1 (part), 1990)
2.65.120 Implementation and administration of this chapter.
The city may enter into agreements, upon recommendation of the community
services commission or otherwise, for the purchase or commissioning of artworks
on art sites not owned by the city, for installation of artwork or the repair,
maintenance of servicing thereof and for or relating to all other matters necessary
or appropriate to implement the art in public places program. (Ord. 317 § 7, 1998;
Ord. 277 § 1 (Exh. A), 1996)
159
160
ATTACHMENT 1
Chapter 1.01
CODE ADOPTED
1.01.003 Contents of code.
The La Quinta Municipal Code shall consist of all ordinances adopted by the city
council which are of a general and permanent nature. An ordinance relating to any
of the following subject matters is not considered an ordinance of general and
permanent nature and need not be included within the municipal code:
A. The naming of streets or roads;
B. Granting, altering, or withdrawing franchises;
C. Levying real property tax;
D. Calling an election;
E. Annexation proceedings;
F. Interim zoning measures;
G. Zoning or rezoning a particular parcel of property;
H Development Agreements;
HI. Such other ordinances of a special or particular subject matter which the
council considers are not appropriate to a general compilation of laws of a general
and permanent nature. (Ord. 2 § 1, 1982)
1.01.005 Maintenance of code.
At least three one copyies of this code, duly certified by the city clerk, shall be
maintained on file in the office of the city clerk as the official copyies of this code.
Additional copies of this code shall be distributed upon request to the departments
of the city as shall be prescribed by the city manager.
Duly certified copies of each ordinance making a change in this code shall be filed
in the office of the city clerk in the books for such purpose, duly indexed for ready
reference. At least semiannually the city clerk shall cause the loose-leaf pages of
this code in which changes have been made to be reproduced, including a notation
as to the ordinance number and the date pursuant to which such change is
adopted. The reprinted pages shall be distributed in order that the loose-leaf copies
of this code, prepared for the use and convenience of the officers and employees
of the city and the general public, may be brought up to date. (Ord. 2 § 1, 1982)
1.01.170 Definitions.
As used in this code, unless a different meaning is apparent from the context or is
specified elsewhere in the code:
1. through December 31st of any given
year.
2.
161
ATTACHMENT 1
3.
position as chief administrative officer of the city.
4. y of La Quinta.
5. or duly appointed to fulfill the
term of a vacated seat to the council.
6.
Words and phrases not defined in this code are construed according to their plain
and ordinary meaning, which may be determined by reference to a nationally
recognized and published dictionary, approved usage of the language , or, when
appropriate, by reference to definitions contained in state or federal law. (Ord. 2 §
1, 1982)
1.01.230 Punishments.
A. Any person convicted of a misdemeanor under the provisions of this code shall
be punishable by a fine of not more than one thousand dollars, or by
imprisonment in the county jail for a period not exceeding six months, or by
both such fine and imprisonment.
B. Any person convicted of an infraction under the provisions of this code shall be
punishable for a first conviction by a fine of not more than one hundred dollars,
for a second conviction within a period of one year by a fine of not more than
two hundred dollars, and for a third or any subsequent conviction within a
period of one year by a fine of not more than five hundred dollars. (Ord. 482 §
1, 2010; Ord. 2 § 1, 1982)
1.01.260 NuisancesRecovery of abatement expenses.
E. Moneys due to the city pursuant to this section may be recovered (a) in an
appropriate civil action, (b) . Alternatively, such liability may be enforcedby
special assessment proceedings against the parcel of land upon which the
nuisance existed, which proceedings may be conducted in a manner
substantively similar to proceedings described in Section 39574 et seq., of the
Government Code of the state relating to weed abatement assessments, or (c)
where permitted by law, by assigning the debt to a third party contractor to aid
in the collection of delinquent debt, moneys, fees, penalties and liabilities. . In
connection with any assignment of debt, the city may sell the debt to the third
party contractor. Any sale or assignment by the city to a third party contractor
may provide the third party contractor with the ability to collect the debt in its
own right under its own procedures and other applicable laws.(Ord. 2 § 1,
1982)
1.01.300 NoticesService.
Whenever a notice is required to be given, or may be given, under any provision of
this code or any provision of any code adopted by reference by this code or any
162
ATTACHMENT 1
provision of any ordinance or resolution of the city not included within this code, or
any applicable state laws or condition imposed by any entitlement, permit,
agreement or environmental document issued or approved under the provisions of
this code or any code adopted by reference, such notice may be given as provided
in this section. Unless different or special provisions are otherwise specifically
made in this code or in some other applicable enactment, any such notice shall may
be given by one of the following methods:
A.Personal Delivery. Delivery thereof to the person to be notified, or if a firm,
association, corporation, estate, group or club, by delivery thereof to any
partner, officer, agent, employee, director or servant thereof; or
B.Delivery to Premises. Delivering the notice to and leaving it with any person
over eighteen years of age residing in, or in charge of the premises referred to in
the matter; or
C.Posting on Premises. In case no such person is found upon the premises, by
affixing the notice to a conspicuous place on the door to an entrance to the
premises or at the abutting public right-of-way in addition to delivery by mail; or
D.Delivery by Mail. Ddeposit in the United States mail in a sealed envelope,
known residence or business address as the same appears in the public records
or other records pertaining to the matters to which the notice is directed.
Service by mail shall be deemed to have been completed at the time of deposit
in the post office or in the official receptacle thereof. (Ord. 2 § 1, 1982)
Notices shall be deemed issued and served at the time of personal delivery, delivery
to premises, posting on premises, and the day that the notice is deposited in the
post office or in the official receptacle thereof (exclusive of days in which the U.S.
mail is not delivered).
163
ATTACHMENT 1
Chapter 1.04
CITY SEAL
1.04.010 Adoption.
A corporate seal for the city is adopted, the design of which seal shall be as
follows in Section 1.04.020. (Ord. 2 § 1, 1982)
1.04.020 Design.
The seal adopted in Section 1.04.010 shall be circular in form; and shall be not less
than two inches in diameter. Around its circumference shall appear the words
§ 1, 1982) By city council resolution, additional text and/or graphic designs may
be added to the seal and changed from time to time.
164
ATTACHMENT 1
Chapter 1.09
ADMINISTRATIVE CITATION
1.09.010 Definitions.
For the purpose of this chapter:
A. person, the parent or the legal
guardian of any natural person under the age of eighteen years, any corporation,
association, organization, estate, group, combination acting as a group, or any
officer, agent, employee, or servant of any of the foregoing, that cause or
maintain a violation(s) of the La Quinta Municipal Code, any code adopted by
the city council, applicable state laws or condition imposed by any entitlement,
permit, agreement or environmental document issued or approved under the
provisions of this code or any adopted code.
B.
charged by the city to enforce codes, ordinances, mandates, regulations,
resolutions, rules or other laws adopted by the city.
C. shall have the same meaning as that set forth in Section
1.01.300. means giving, mailing or posting a Notice of Administrative Citation
on the date when the notice is personally serviced on the responsible person,
the date of mailing or the date of posting.
1.09.030100 Failure to pay fines. (section moved)
The failure of any person or entity to pay the civil fines assessed by an
administrative citation may result with the city pursuing any and all legal remedies
to collect the civil fines, including where permitted by law, assigning the debt to a
third party contractor to aid in the collection of delinquent debt, moneys, fees,
penalties and liabilities. In connection with any assignment of debt, the city may
sell the debt to the third party contractor. Any sale or assignment by the city to a
third party contractor may provide the third party contractor with the ability to
collect the debt in its own right under its own procedures and other applicable
laws. The city may also move to recover its collections costs according to proof.
(Ord. 379 § 1 (part), 2002)
1.09.030 Service procedures. (section deleted duplicates notices in 1.09.110)
1.09.070 Hearing officer.
A. The director building and safety of the department of the city who is overseeing
the matter which is the subject of the administrative citation shall appoint a
person or contract an agency to provide a person who shall preside at the
165
ATTACHMENT 1
hearing and hear all facts and testimony presented and deemed appropriate.
B. The employment, performance, evaluation, compensation, and benefits of the
hearing officer, if any, shall not be directly or indirectly conditioned on or in any
way related to the results or prior decisions issued by said hearing officer.
C. Any person designated to serve as a hearing officer is subject to disqualification
for bias, prejudice, interest or for any other reason for which a judge may be
disqualified pursuant to Code of Civil Procedure Section 170.1. The responsible
s impartiality by filing a statement,
with either the director of building and safety the department of the city who is
overseeing the matter which is the subject of the administrative citation or an
alternative employee designated by the city to handle such challenge
objecting to the hearing officer and setting forth
grounds for disqualification. The question of disqualification shall be heard and
the date which the disqualification statement is filed. (Ord. 379 § 1 (part),
2002)
1.09.080 Hearing procedure.
A. No hearing to contest an administrative citation before a hearing officer shall be
held unless both a request for hearing form has been completed and submitted
and the fine for the citation has been deposited in advance. Any deposit shall
be held in a separate account, in trust, pending final resolution of the hearing.
1.09.090 Administrative order.
A. Within ten working days of the hearings conclusion, the hearing officer shall
provide issue the responsible person with a notice of decision decision in writing
. The hearing
officer shall provide the responsible person with the administrative order by
personal service or registered or certified mail to the responsible persons last
known address.
B. The hearing administrative order shall contain the hearing officer findings of
fact and conclusions, and a statement regarding the procedure described in
Section 1.09.110 for seeking judicial review. The decision of the hearing officer
shall be final except as provided for in Section 1.09.110.
C. If the hearing officer renders a A decision in favor of the responsible person, the
administrative order shall constitute a dismissal of the municipal ordinance
violation(s) and If the hearing order renders a decision in favor of the responsible
person, the city shall return any monies paid by the responsible person towards
the dismissed administrative citation.
166
ATTACHMENT 1
167
ATTACHMENT 1
Chapter 2.04
COUNCIL
2.04.020 Place of regular meetings.
The regular meetings of the city council shall be held at city hallthe Civic Center,
78-495 Calle Tampico, La Quinta, California.
2.04.040 Adoption of rules of procedures.
The city council shall, by resolution, adopt rules of procedure to govern the
conduct of its meetings, any of its other functions and activities, and regulations
pertaining thereto.
2.04.050 Compensation and reimbursement.
Compensation shall be paid to each member of the city council in the amount of
twenty-three hundred dollars per month. The mayor shall receive additional
compensation in the amount of five hundred dollars per month. Further, in the
event a council member or the mayor wishes to utilize a personal electronic devices
or personal data service, for city-related business communication mobile phone
rather than a city-issued devices and/or service mobile phone, an additional
reimbursement adopted personnel policy amount of twenty-
five dollars shall be added to the monthly reimbursement amounts set forth herein.
In the event that official duties require travel outside the Coachella Valley or
overnight, and the
for such expenditures. The compensation amount will be effective from July 1,
201507.
2.04.100 Appeals to council.
A. Except when an appeals procedure is otherwise specifically set forth in this
code, any person excepting to the denial, suspension, or revocation of a permit or
license applied for or held by him/her pursuant to any of the provisions of this
code, or to any administrative decision made by any official of the city, if the
denial, suspension, or revocation of the permit or license, or the determination of
the administrative decision involves the exercise of administrative discretion or
personal judgment exercised pursuant to any of the provisions of this code, may
appeal in writing to the council by filing with the city clerk a written notice of the
appeal.
B. No appeal may be taken to any such administrative decision made by an
official of the city pursuant to any of the provisions of this chapter unless the
decision to appeal has been first taken up with the permit administrator department
head concerned and with the city manager, and each such official has not adjusted
168
ATTACHMENT 1
C. No right of appeal to the council from any administrative decision made by
an official of the city pursuant to any of the provisions of this code shall exist
when the decision is ministerial and thus does not involve the exercise of
administrative discretion or personal judgment exercised pursuant to any of the
provisions of this code, whether the administrative decision involves the denial,
suspension, or revocation of a permit, license, or any other administrative decision.
Also, there shall be no such right of appeal with regard to law enforcement
activities involving state law. (Ord. 2 § 1, 1982)
2.04.110 Notice of appealTime limitContents - Fee.
A. Any such notice of appeal shall not be acted upon unless filed within ten
days after service of written notice of the action being appealed from; provided,
that if the notice of action has not been served in writing, the appellant may,
within ten days after being apprised of the action, demand service of written notice
thereof, and shall have ten days following such service in which to file the notice
of appeal.
B. The notice of appeal shall be in writing and shall set forth (1) name(s) of the
person(s) the specific action being appealed
from; (23) the specific grounds of the appeal; and (3) the relief or action sought
from the city council; and (4) the signatures of all parties named as appellants and
their mailing addresses. The notice of appeal, or certain information contained in
the notice of appeal, may be subject to public disclosure. In the event any notice
of appeal fails to set forth any information required by this section, the city clerk
shall return it to the appellant with a statement of the respects in which it is
deficient, and the appellant shall thereafter be allowed five days in which to perfect
and refile the notice of appeal.
C. A filing fee for the appeal, established from time to time by city council
resolution, must be paid to the city at or prior to the time of the filing of the appeal.
CD. Except in those instances where an appeal is filed by the city manager or
other public official in pursuance of official duties, the written notice of appeal from
the action of an administrative official or from an administrative body of the city, as
the case may be, shall be accompanied by such fee as may have been established
by resolution of the city council. (Ord. 2 § 1, 1982)
E. Any appeal filed that fails to provide all of the information required by this
section, or fails to include the appropriate filing fee, or both, shall be deemed
incomplete. The city clerk shall return the incomplete appeal to the appellant with
a brief statement explaining the reasons for the deficiency, and the appellant shall
thereafter be allowed five days in which to perfect and refile the notice of appeal.
169
ATTACHMENT 1
2.04.115 Waiver of appeal fees.
A. The city manager may waive the fee required for filing an appeal as set forth
in Section 2.04.110 of this chapter or in any other applicable city code section if
the appellant meets the requirements of this section.
B. The party seeking the fee waiver must be the real, and not nominal, party in
interest, and shall not be granted a waiver if there are any interested parties
financially capable of paying the fee.
C. Subject to the limitations of subsection B of this section, waiver of the fee
shall be granted by the city manager if the applicant declares under penalty of
perjury and the city clerk determines that the applicant is receiving benefits
pursuant to the Supplemental Security Income (SSI) and State Supplemental
Payments (SSP) programs (Sections 12200 through 12205.2 of the California
Welfare and Institutions Code), or the Aid to Families with Dependent Children
(AFDC) program (42 United States Code 601 through 644), or the Food Stamp
program (7 United States Code 2011 through 2027) or Section 17000 of the
California Welfare and Institutions Code or the appellant declares under penalty of
perjury that their monthly income is less than the current monthly poverty threshold
annually established by the U.S. Community Services Administration pursuant to
Section 625 of the U.S. Economic Opportunity Act of 1964, as amended. In order
to be considered for the fee waiver, appellant must obtain from the city manager
and fully complete and submit an application for waiver of city appeal fees. The
city manager may require the appellant to furnish such financial information as the
city manager deems necessary to deem the application complete in order to make a
decision. The decision of the city manager on the fees waiver shall be final and
conclusive and there shall be no appeal to a city body or official from such
decision.
D. An appellant desiring waiver of an appeal fee shall submit a fully completed
application for waiver of city appeal fees at the same time as the appeal is filed.
Said appellant shall furnish within two working days ,
any additional information requested by the city manager to substantiate the waiver
request. If the information requested is not furnished within two working days, the
city manager may deny the fee waiver request. After an appellant requests waiver
of the appeal fee, the applicable dates or time periods for hearing the appeal shall
be tolled until the city manager decides the fee waiver request.
E. Any person who willfully provides the city manager with false statements of
material facts is guilty of a misdemeanor and upon conviction thereof is punishable
by a fine of not more than one thousand dollars or by imprisonment for a period of
not more than six months, or by both such fine and imprisonment.
2.04.120 AppealsHearingsNotices.
170
ATTACHMENT 1
Upon the timely filing of a complete notice of appeal in proper form, along with the
filing fee, if applicable, the appeal shall be reviewed by the city manager. Unless an
adjustment of the matter is made by the city manager satisfactory to the appellant,
Upon the timely filing of a notice of appeal in proper form, the city clerk shall
schedule the matter promptly upon the city council agenda at a subsequent regular
meeting and shall cause notice thereof to be given the appellant not less than five
days prior to the hearing, unless the notice is waived in writing by the appellant.
Notice shall be served in accordance with 1.01.300. The city clerk shall also cause
a copy of the notice of appeal to be transmitted to the official or body whose
action has been appealed from.
2.04.130 AppealsHearings.
A. The city council at the hearing may limit participation in the hearing to the
directly interested parties, or may allow participation by the public. Such public
participation, however, shall only be appropriate when the council deems it
necessary and in the public interest. If a hearing is ordered open to public
participation, notice thereof shall be given by posting publishing notice of the
hearing in a newspaper of general circulation in the city not less than five days in
accordance with city council rules of procedure for council meetingsprior to the
date of the hearing, in accordance with state law for notice of a public hearing, if
applicable, and by such other means as the city council deems necessary.
B. At the time of consideration of the appeal by the city council the appellant
shall be limited to a presentation on the specific grounds of appeal and matters set
forth in histhe notice of appeal. The appellant and shall have the burden of
establishing cause why the action being appealed from should be altered, reversed
or modified. The council may continue the matter from time to time, and at the
conclusion of its consideration may affirm, reverse or modify the action being
appealed from and may take any action which might have been legally taken in the
first instance by the official or body from whose action the appeal has been taken.
In ruling on the appeal the findings and action of the council shall be final and
conclusive in the matter.
171
ATTACHMENT 1
Chapter 2.08
CITY MANAGER
2.08.040 Expense reimbursement.
The city manager shall be reimbursed for all actual and necessary expenses
incurred by him/her in the performance of his official duties, including those
incurred when traveling on business pertaining to the city.
2.08.050 Designation of acting city manager.
The assistant city manager shall serve as manager pro tempore during any
temporary absence or disability of the city manager. In the event there is no
assistant city manager to so act, t The city manager, by a letter filed with the city
clerk, shall designate a qualified city administrative officer to exercise the powers
and perform the duties of manager during his/her temporary absence or disability.
The city council may appoint, at any time, an acting city manager. If the city
manager position is vacant or the city manager is removed from office in
accordance with the priovisions in this chapter, the city council shall appoint an
acting or interim city manager to serve as such until the city council appoints a
permanent city manager.
2.08.060 Powers and duties.
The city manager shall be the administrative head of the government of the city
under the direction and control of the city council except as otherwise provided in
this chapter. The city manager shall be responsible for the efficient administration
of all affairs of the city which are under his/her control. In addition to his/her
general powers as administrative head, and not as a limitation thereon, s/he shall
be expected to, and shall have the power to:
A. Enforce all laws and ordinances of the city and to see that all franchises,
contracts, permits and privileges granted by the city council are faithfully
observed;
B. Appoint, remove, promote and demote any and all officers and employees of the
city except elective officers and the city attorney, subject to all applicable
personnel rules and regulations which may be adopted by the city council, or
imposed by the state or federal governments;
C. Control, order and give directions to all department heads who are subject to
his/her appointment and removal authority, and to subordinate officers and
employees of the city under his/her jurisdiction through their department heads;
172
ATTACHMENT 1
D. Conduct studies and effect such organization and reorganization of offices,
positions or units under his/her direction as may be indicated in the interest of
efficient, effective and economical conduct of the city's business;
E. Recommend to the city council for adoption such measures and ordinances as
s/he deems necessary;
F. Attend all meetings of the city council unless excused therefrom by the mayor
individually or the city council as a whole, except when his/her removal is under
consideration;
G. Prepare and submit the proposed annual budget and the proposed annual salary
plan to the city council for its approval;
H. To serve as purchasing agent, collector, tax administrator, and fee administrator
as defined by this Code, or appoint an officer or employee to serve in one or
more of these capacities, and thereafter direct and supervise such all the
purchasing activities of the city;
I. Keep the city council at all times fully advised as to the financial condition and
needs of the city;
J. Make investigations into the affairs of the city and any department or division
thereof and any contract or the proper performance of any of the obligations of
the city; and further, to investigate all complaints in relation to matters
concerning the administration of the city government and in regard to the
service maintained by public utilities in the city;
K. Exercise general supervision over all public buildings, public parks and all other
public properties which are under the control and jurisdiction of the city council;
L. Have the same authority as the mayor (as conveniences to the parties may
dictate) to sign documents specified in Section 40602 of the Government Code
whenever such documents have been approved by the city council for execution
by resolution, motion, minute order or other appropriate action; and
M. Perform such other responsibilities and exercise such other powers as may be
delegated to him from time to time by ordinance or resolution or other official
action of the city council.)
2.08.090 Attendance at commission meetings.
The city manager may attend any and all meetings of the planning commission, and
any other commission, board or committee created by the city council, upon his/her
173
ATTACHMENT 1
own volition or upon direction of the city council. At such meetings which the city
manager attends, s/he shall be heard by such commissions, boards or committees
as to all matters upon which s/he wishes to address the members thereof. S/He
shall inform such members as to the status of any matter being considered by the
city council, and s/he shall cooperate to the fullest extent with members of all
commissions, boards or committees appointed by the city council.
174
ATTACHMENT 1
2.08.100 RemovalMethodNotice.
The removal of the city manager shall be effected only by a majority vote of the
whole council as then constituted, convened in a regular council meeting, subject,
however, to the provisions of Sections 2.08.110 through 2.08.160. In case of
his/her intended removal by the city council, the city manager shall be furnished
with a written notice stating the council's intention to remove him/her and the
reason therefore at least thirty days before the effective date of his/her removal.
2.08.120 RemovalSuspension pending hearing.
After furnishing the city manager with written notice of intended removal, the city
council may suspend him/her from duty, but his/her compensation shall continue
until the latter of (a) the effective date of his/her removal as stated in the written
notice of intention to remove him/her, or (b) his/her removal by resolution of the
council passed subsequent to the hearing described in Section 2.08.110.
2.08.170 Agreement with council.
Nothing in this chapter shall be construed as a limitation on the power or authority
of the city council to enter into any supplemental agreement with the city manager
delineating additional terms and conditions of employment.
2.08.180 Appeals to the city manager.
The city manager shall conduct a hearing when requested by any person aggrieved
by an administrative decision made by any city official before the matter may be
appealed to council.
In the event no appeal is made within the time period or in the manner prescribed in
this Code, the decision of the city official shall become final and conclusive on the
expiration of the time fixed for an appeal.
2.08.190 Notice of appeal time limit, contents and fee.
A Within ten days after the issuance of an administrative decision, an appellant
may request a hearing before the city manager to present evidence on his/her
behalf.
B. The notice of appeal shall be in writing and shall set forth (1) name(s) of the
person
(3) the relief or action sought from the city manager; and (4) the signatures of all
parties named as appellants and their mailing address. The notice of appeal may
also include any additional information or documentation the appellant(s) wish to
provide on the matter. The notice of appeal, or certain information contained in the
notice of appeal, may be subject to public disclosure.
C. Except in those instances where an appeal is filed by a public official in
pursuance of official duties, the written notice of appeal from the action of an
175
ATTACHMENT 1
administrative official shall be accompanied by such fee as may have been
established by resolution of the city council. An applicant may request a waiver of
a filing fee, which shall be reviewed and decided upon, based on the provisions set
forth in Section 2.04.115 of this code.
D. Any appeal filed that fails to provide all of the information required by this
section, or fails to include the appropriate filing fee, or both, shall be deemed
incomplete. The city clerk shall return the incomplete appeal to the appellant with
a brief statement the reasons for the deficiency, and the appellant shall thereafter
be allowed five days in which to perfect and refile the notice of appeal.
2.08.200 Appeal initiated by the city manager.
At the discretion of the city manager, or as required in this code, the city manager
may initiate and conduct a hearing prior to the issuance of an administrative
decision to afford an applicant an opportunity to present evidence on the
revocation is about to be issued. Notice shall be serviced as prescribed in Section
1.01.300 and the city manager may include in the notice a requirement for the
applicant to provide additional information or documentation at the time of the
hearing.
2.08.210 AppealsHearingsNotices.
Upon the timely filing of a notice of appeal in proper form, the city manager shall
set the time and place for such hearing and shall serve notice to the appellant
pursuant to Section 1.01.300 as soon as practical thereafter but in no event, shall
the notice be served less than five days prior to the date of the hearing thereon.
Where applicable, the notice shall state the grounds for the administrative decision
at issue.
2.08.220 Failure to Appeal.
In the event no appeal is made within the time period or in the manner prescribed in
this Code, the decision of the city manager shall become final and conclusive on
the expiration of the time fixed for an appeal.
2.08.230 Appeals to the city council.
Any person aggrieved by any decision of the city manager may appeal to the city
council pursuant to section 2.04.100 through 2.04.130 of this code.
176
ATTACHMENT 1
2.10
CITY CLERK
2.10.030 Functions.
A. The city clerk shall have all of the powers, duties and responsibilities granted to
and imposed upon the office of the city clerk by the provisions of Chapter 2 of
Part 3 of Division 3 of Title 4 of the Government Code of the state, other
general laws of the state, the provisions of this code, and the ordinances and
resolutions of the city council; provided, however, pursuant to the provisions of
Section 40805.5 of the Government Code, the financial and accounting duties
imposed upon the city clerk by Sections 40802 through 40805 of the
Government Code shall be performed by the director of finance and general
services.
B. The principal functions of the city clerk shall be to:
1. Attend all meetings of the city council and be responsible for the recording
and maintaining of a record of all the actions of the council;
2. Keep all ordinances and resolutions of the council in such a manner that the
information contained therein will be readily accessible and open to the
public. The city clerk shall attach to the original copy of each ordinance a
certificate which shall state the date the ordinance was adopted and, as to
an ordinance requiring publication, that the ordinance has been published or
posted in accordance with law;
3. Keep all records of the council and of the office of the city clerk in such
manner that the information contained therein will be readily accessible and
open to the public until such time as any of the records may be destroyed, or
reproduced and the original destroyed, in accordance with state law;
4. Serve as the official custodian of all city records;
5. Be the custodian of the seal of the city;
6. Prepare the council agenda;
7. Perform the duties prescribed by the California Elections Code of the state in
conducting municipal elections;
8. Perform the duties imposed upon city clerks by the California Political Reform
Act;
9. Be responsible for the publication of all the official noticing of the city;
9. Perform the duties imposed upon city clerks by the California Ralph M.
Brown Act;
10. Perform the duties imposed upon city clerks by the California Public
Records Act;
101. Be responsible for the maintenance and distribution of the municipal
code;
112. Process all claims filed against the city and its officers, agents, or
employees, pursuant to the provisions of Chapter 1 of Part 3 of Division 3 of
177
ATTACHMENT 1
Title 1 of the Government Code of the state and Chapter 3.16 of this code;
and
123. Perform such other duties consistent with this code as may be
required of the city clerk, by the city manager.
178
ATTACHMENT 1
Chapter 2.12
DIRECTOR OF FINANCE AND GENERAL SERVICES
2.12.010 Office created.
The office of the director of finance and general services is created and
established. The director of finance and general services shall be the chief fiscal
officer and city treasurer of the city.
2.12.020 Appointment.
The city manager shall appoint Tthe director of finance and general services shall
be appointed by the city manager, and s/he shall serve at and during the pleasure
of the city manager. The director of finance and general services shall be qualified
by sufficient technical accounting training, skill and experience to be proficient in
the office and shall show evidence of executive ability.
2.12.030 Duties.
The duties of the director of finance and general services shall be as follows:
A. To serve as chief fiscal officer of the city;
B. To serve as city treasurer as established pursuant to California Government
Code Section 36501 of the Government Code of the state;
C. To perform all financial and accounting duties imposed upon the city treasurer
by California Government Code Sections 410010 through 41007 of the
Government Code;
D. To assist and advise the administration and the city council in all matters
pertaining to city finances;
E. To perform all financial and accounting duties imposed upon the city clerk by
California Government Code Sections 40802 through 40805 of the Government
Code;
F. To develop and maintain, in accordance with the state laws and city ordinances
and the best accepted procedures, adequate financial records, reports and
budgetary control of all receipts, disbursements and reserves of the city;
G. To supervise the keeping of current inventories of all property of the city
departments, offices and agencies;
H. To prescribe and develop accounting forms, reports and procedures in
conjunction with administrative needs and requests, and as required by law;
I. To audit all demands in accordance with Sections 3.16.020 through 3.16.050
and 3.16.080 of this code;
J. To prepare annually for budget purposes an estimate of revenues for the city
manager, and assist the city manager in compiling the annual budget in
accordance with the prescribed chart of accounts and accepted procedures;
K. To assist the city council and the city manager in formulating a long-range
financial plan and program;
179
ATTACHMENT 1
L. To perform such purchasing duties as delegated to the director of finance and
general services by the city manager; and
LM. To perform such other duties related to administrative and general services for
the municipal government and business operations as may be delegated to the
director of finance and general services by the city manager.
2.12.040 Independent audit.
The council shall require annually an independent audit of the accounts and records
of the treasurer and department of finance and general services. This auditor shall
be selected by council and shall be qualified as a certified public accountant.
180
ATTACHMENT 1
2.40
CONSTRUCTION BOARD OF APPEALS
2.40.050 Powers and duties.
A. Any person aggrieved by a decision of an official of the city the building and
safety department related to any matter within the purview of Chapter 8.01 of this
code, shall have the right to appeal the decision to the CBA.
B. The appeal shall be filed with the building official within ten days after the
rendering of the decision affecting the aggrieved person. Grounds for the appeal
shall be set forth in writing.
C. The secretary of the CBA, assigned pursuant to Section 2.06.100, shall set
the time and place for a hearing on the appeal, and notice of the hearing shall be
given to the appellant in accordance with 1.01.300 by mailing it to him or her,
postage prepaid, at his or her last known address, at least five calendar days prior
to the date set for the hearing.
D. The decision of the CBA shall not become final until ten days after the CBA has
be made to the city council. Any appeal to the city council shall follow procedures
set forth in sections 2.04.100 through 2.04.130 of this code.
181
ATTACHMENT 1
Chapter 2.44
PEACE OFFICER TRAINING STANDARDS
2.44.010 Declaration of intent.
The city declares that it desires to qualify to receive aid from the state under the
provisions of Chapter 1 of Title 4, Part 4, of the California Penal Code. (Ord. 2 § 1,
1982)
2.44.020 Adherence to state standards.
Pursuant to Section 13522 of the Chapter 1 referred to in Section 2.44.010, the
city while receiving aid from the state pursuant to said Chapter 1, will adhere to
the standards for recruitment and training established by the California Commission
on Peace Officer Standards and Training. (Ord. 2 § 1, 1982)
182
ATTACHMENT 1
2.55
OFFICIAL HOLIDAYS OBSERVED BY TH CITY
2.55.010 Holidays observed by the city Official holidays.
A. Excluding those offices which must remain open for the continuation of
essential public services such as police and fire protection, the public offices of
the city shall be closed on Saturdays and Sundays, and on the following
holidays: as established in the most recent personnel policy adopted by
resolution of the city council.
st
1.)
2.
3.
4.Memorial Day (Last Monday in May)
th
5.Independence Day (July 4)
6.Labor Day (First Monday in September)
7.
8.Thanksgiving Day (Fourth Thursday in November)
9.Friday following Thanksgiving Day
th
10.Christmas Day (December 25)
11.Any day declared to be a holiday by proclamation of the mayor
B. Holidays falling on Sunday will be observed on the following Monday. Holidays
falling on Saturday shall be observed on the preceding Friday unless otherwise
provided in the most recent personnel policy.
C. Other holidays may be designated by resolution or ordinance of the city council.
D. Notwithstanding the foregoing provisions of this section, the city manager shall
be authorized, by administrative regulation or otherwise, to direct that all or a
portion of the public offices of the city shall remain open for business, on a full
or reduced staff basis, on any of the days or holidays prescribed above, when
he determines it to be necessary in the public interest to do so.
183
ATTACHMENT 1
Chapter 2.65
ART IN PUBLIC PLACES
2.65.010 Intent and purpose.
A. This chapter may be known and cited as the La Quinta Art in Public Places
Program. The city of La Quinta has developed a nationwide reputation through the
annual La Quinta Arts Festival and other artistic events, and attracts thousands of
visitors every year to view and purchase fine art and crafts in the city. The public
health, safety and welfare, the preservation and enhancement of property values
and economic vitality, as well as the popularity and prosperity of the community,
are dependent upon and enhanced by visually pleasing and high quality public art.
B. The stated goal of the Cultural Resources Element of the general plan is to
provide enrichment of the community by adequate cultural and recreational
facilities and activities. To implement this goal, the general plan further states that
the cultural resources of a city encompass those facilities and programs which
refresh, enhance or recreate people's bodies and spirits. Community parks,
recreational activities, historic resources, library and museum facilities and art
festivals are included in this classification. The art in public places program is
intended to achieve this purpose by providing visual art throughout the city.
2.65.110 Art in public places fund.
A. Accounting. The fees imposed pursuant to Section 2.65.090 of this chapter
and any other moneys collected in accordance with provisions of this chapter shall
be deposited in a separate account, entitled the art in public places fund. The city
manager or his/her designee shall establish accounting records sufficient to identify
and control these funds. The amounts held in the art in public places fund shall
otherwise be accounted for, deposited, invested and expensed as provided by law
and the practices and policies of the city. The account containing these funds may
be invested along with other moneys of the city and the investment earnings
thereon shall be used for and be subject to the same restrictions established in
subsection B of this section.
B. Use of Fund. Expenditures of the fees collected in the art in public places
fund may include the following:
1. The cost of artwork and its installation;
2. The cost of purchase or lease of art sites;
3. Waterworks, landscaping, lighting and other objects which are an integral
part of the artwork;
4. Frames, mats, pedestals and other objects necessary for the proper
presentation of the artwork;
184
ATTACHMENT 1
5. Walls, pools, landscaping or other architectural or landscape architectural
elements necessary for the proper aesthetic and structural placement of
the artwork;
6. Expenditures for maintenance and repair of artwork;
7. Administrative expenses to otherwise implement any provision of this
chapter, however, in no event shall said administrative expenses exceed
five percent of the total funds in the account on July 1st of any year nor
twenty-five thousand dollars in any fiscal year.
C. Endowments. The art in public places fund shall also be used as a depository
for endowments, bequests, grants or donations. Such sums may be expended as
set forth in subsection B of this section and for art exhibitions or displays as
approved by the city council.
D. Replacement. For those artworks that have been purchased with moneys
from the art in public places fund or donated to the city, the city may determine to
sell or exchange existing artworks for replacement artworks. Any funds obtained
from the sale of artwork shall be credited to the art in public places fund. Artwork
owned privately and on display by in-lieu agreement may be exchanged with city
council approval or the original fee paid to the art in public places fund.
E. Reimbursement. In the event fees have not been committed for a use as
specified in subsection B of this section within five two years of their collection,
the fees in the art in public places fund shall be distributed by the city to the
person or entity who has paid the fees or in any other manner permitted by law.
185
186
April 7, 2015
AGENDA CATEGORY:
CITY / SA / HA / FA MEETING DATE:
BUSINESS SESSION:
DISCUSS PROJECTS TO INCLUDE IN
ITEM TITLE:
FISCAL YEAR 2015/2016 THROUGH 2019/2020 CONSENT CALENDAR:
CAPITAL IMPROVEMENT PROGRAM
STUDY SESSION:
1
PUBLIC HEARING:
RECOMMENDED ACTION:
Discuss projects to include in Fiscal Year 2015/2016 through 2019/2020 Capital
Improvement Program, and direct staff to make appropriate revisions.
EXECUTIVE SUMMARY:
The Capital Improvement Program (CIP) provides the City a five-year
program for major municipal construction projects related to bridges, streets,
traffic signals, drainage, landscaping, lighting, parks, and City facilities.
Based on input from the City Council and residents over the past year, staff
has developed a preliminary scope and budget for various projects that could
be included in the Fiscal Year 2015/2016 CIP budget.
, a draft Fiscal Year 2015/2016 CIP will be prepared
for consideration and approval in June 2015.
FISCAL IMPACT:
None at this time.
BACKGROUND/ANALYSIS:
Transportation Projects
Transportation projects are generally funded through the Pavement Management
Plan (PMP), Transportation Development Impact Fees (DIF), Gas Tax, or
Measure A funds. The PMP prioritizes street maintenance needs by applying a
187
Pavement Condition Index to all City streets every five years. The City is currently
in year four of the PMP cycle, and will be evaluating all streets next year for the
next cycle of pavement rehabilitation projects. Attachment 1 shows the slurry seal
program for north La Quinta, which will be bid this summer. Staff recommends
considering the following priority street segments, ranked from highest Average
Daily Trips (ADT) to lowest, for inclusion in the 2016 to 2020 PMP:
Fred Waring Pavement Repairs (Washington Street to Adams Street): ADT =
29,000 vehicles per day Reconstruct the inside (i.e., No. 1) westbound
lane and all eastbound lanes at an estimated cost of $650,000. These lanes
have received numerous complaints for their rough ride since the landscaped
median was installed in 2009.
Eisenhower Drive (Avenida Fernando to Coachella Drive): ADT = 11,000
vehicles per day Mitigate sink holes and imminent trench failure in the
northbound outside (i.e., No. 2) lane estimated to cost $400,000. The rate
of this street failure appears to have increased since the September 2014
floods.
Monroe Street (Avenue 54 to Avenue 55): ADT = 3,200 vehicles per day
Remove and replace the one lane of distressed asphalt as a temporary
remedy at an estimated cost of $350,000. Constructing this section of
Monroe Street to full width is estimated to cost $1.5 million, which could be
funded through a combination of DIF and the General Fund. However, doing
so would relieve the adjacent property owners from having to construct
these improvements as a condition of developing their property and therefore
the City would not be able to recoup these costs.
The following projects are recommended for Transportation DIF funding:
Madison Street (Avenue 50 to 52) Complete joint project with the City of
Indio to widen Madison Street from two to four lanes including a new bridge
over the canal at Avenue 50 at an estimated cost of $1,762,000 for La
.
Dune Palms Road Widening (Blackhawk Way to Whitewater Channel)
Widen road to match bridge road cross section, which is due for construction
in late 2017 at an estimated cost of $2.1 million. This work should be
coordinated with bridge project and may require additional lead time to
acquire the necessary right-of-way for the street improvements.
Avenue 50 Bridge The Highway Bridge Replacement grant funded project
will construct an all-weather crossing at the Evacuation Channel. Estimated
La Quinta match amount for the grant is $763,000, assuming that the
188
Coachella Valley Association of Governments will contribute its traditional 75
percent share ($2.3 million) of the required local match.
The following projects are recommended for Measure A funding:
Jefferson Street/Avenue 52 Roundabout Striping Modification Slurry seal
and restripe all four approaches and interior lane to one lane within the
existing roundabout (Attachment 2). This project was originally included in
lane; however, during design it was determined that reducing all approaches
to one lane as well as extending the striping to better prepare drivers was
necessary in order to improve the accident rate and reduce complaints about
this intersection. The total cost of the project is now estimated at
$367,000.
Highway 111 at La Quinta Center Drive Dual Left Turn Lanes Modify
median and north parkway in order to construct dual left turn lanes for
westbound Highway 111 into La Quinta Center Drive. The total cost of this
project is $640,000.
Adams Street/Corporate Center Drive Traffic Signal Depending on bid
results, use Measure A funds for any shortfall for this traffic signal project
that is currently out for construction bids.
Parks and Facilities Projects
La Quinta Park Improvements In an effort to enhance La Quinta Park, staff
received estimates to install turf and irrigation on the Coachella Valley Water
District (CVWD) well site located in the northwest corner of the park. As
with the Pioneer Dog Park, this will require a lease agreement with CVWD
that contains language stating they hold the right to install a well at that
location at any time. The estimated cost of these improvements is $16,000
to be paid from the General Fund.
Cove Trailhead Improvements Staff received requests from Cove residents
to enhance the Cove Trailhead entrance located at the corner of Calle Tecate
and Avenida Madero. Currently, the entry has the appearance of an
entrance for maintenance vehicles and not an entrance for recreational
hiking. Staff worked with residents and a local landscape architect to
develop a landscape design with signage for the Cove Trailhead. The
estimated cost of these improvements is $135,000 to be paid from Quimby
($123,000) and AB 939 ($12,000) funds.
Park and Facilities Security Systems The security cameras at La Quinta
Park and Fritz Burns Park are outdated and no longer effective. While
189
receiving costs to replace both systems, staff also requested proposals for
the Cove Oasis, City Hall, Library, and Museum. These new wireless
systems have better picture quality, are expandable, and can be viewed
anytime from any computer or mobile device. This will allow law
enforcement to view activity from an off-site location as well as give
residents (parents) the ability to view the activity in the parks. The
estimated cost of these improvements is $153,000 to be paid from General
Equipment Replacement, Library, and Quimby Funds.
La Quinta Park Skate Facility Improvements The La Quinta Park skate
facility needs replacement skate ramps and fencing. Staff recommends
replacing the metal ramps with prefabricated concrete ramps for durability
and long-term maintenance savings. The estimated cost of these
improvements is $100,000 to be paid from Equipment Replacement Funds.
Jefferson Street Roundabout Art Display Improvements The Golden Voice
Roadrunner sculpture is currently secured to the ground in the Jefferson
Street/Avenue 52 roundabout. Constructing a 20-foot diameter, 3-foot high
concrete pedestal will elevate and protect the art piece as well as provide a
universal foundation for future art. The estimated cost of these
improvements is $40,000 to be paid from Art In Public Places funds.
Playground Equipment Replacement The playgrounds at Monticello,
Eisenhower, Velasco, and Saguaro Parks have reached their useful life.
Funding the playground replacement in the five-year CIP will provide for new
equipment that meets current safety standards as well as enhanced
activities. Playground manufacturers are making new designs that focus on
activities and fitness more than just the traditional swing set and slides. The
estimated cost of these improvements is $320,000 to be paid from
Equipment Replacement Funds.
Facility Emergency Back-Up Systems The emergency back-up power
system for City Hall is 20 years old and production of replacement parts
stopped six years ago. The estimated cost of these improvements is
$45,000 to be paid from Equipment Replacement Funds.
More Direction Needed
Fritz Burns Pool This pool project was approved as part of the 2013
CIPprojects
teaching pool. Residents use this facility for swim lessons and water
aerobics with limited use for public swimming. By extending the fence to
the north into the grassy area, adding a water slide, spray pad and shade,
the facility will attract more users and rentals. This will create a facility
similar to the Palm Desert Aquatics facility and the Pawley Pool in
190
Indio. Quimby funds ($1.32 million) are budgeted for this project but staff
needs more direction on its priority.
Fritz Burns Park Skate Park Improvements The skate facility at Fritz Burns
Park is in poor condition due to the age of the metal skate ramps and
concrete. The concrete in the skate park was originally the tennis courts for
the Desert Club. Additionally, staff receives continual requests for more
tennis courts and pickle ball courts. Staff is requesting direction for adding
additional tennis and pickle ball courts at Fritz Burns Park ($437,000) as well
as a new skate facility for south La Quinta.
Jefferson Street at Dunbar Street Traffic Signal This project would entail
installation of a new traffic signal for Esplanade in La Quinta as well as
Heritage Palms in Indio ($430,000). Developer bonds, Transportation DIF
and Measure A funds are available ; however, no funding
The Coachella Valley Association of Governments is
currently adding it to the Transportation Projects Priority System to be
considered for regional funding. Depending on regional priorities, it may be
years before this much-needed improvement is fully funded.
Projects on the Horizon
Focused Drainage Study An engineering consultant will be engaged to
study flooding and drainage issues. A deliverable of this effort will be a list
of drainage related CIP projects for Council consideration.
The Village Circulation Improvements As part of the review of The Village
master plan, possible motorist, pedestrian and bicycle circulation
improvements will be brought for consideration at an upcoming City Council
meeting. These projects may be considered by Council for inclusion in a
future CIP.
Staff seeks input as to the priority for completing the projects with identified
funding sources and general direction on the projects so labeled. Attachment 3 is a
ranking sheet to aid in this effort. Depending on direction, staff will
prepare the draft CIP for either further review or for Public Hearing and adoption.
Report prepared by: Ed Wimmer, P.E., Principal Engineer
Report approved for submission by: Timothy R. Jonasson, P.E.
Public Works Director/City Engineer
Attachments: 1. 2015 PMP Slurry Program North La Quinta
2. Jefferson Street/Avenue 52 Restriping Plan
3. CIP Ranking Sheet
191
192
194
196
ATTACHMENT 3
Ranking of Potential CIP Projects
Staff is seeking feedback to help craft the next CIP. Please rank the
following Transportation Projects from 1 through 9:
Project DescriptionRank
Avenue 52 at Retrofit roundabout from 2
Jefferson Street lanes to 1 lane in all directions
Striping
Modification
Dune Palms Road Widen road to match future
ũ 'Ak`bjg`vj sn bridge vehicular, golf cart/bike
Whitewater and pedestrian improvements
Channel)
Madison Street Widen Madison from 2 to 4
(50 to 52) lanes including a new bridge
over the canal at Ave. 50
Avenue 50 Bridge Widen at Evacuation Channel.
Monroe Street Remove and replace existing
(54 and 55) asphalt
Eisenhower Drive Correct sink holes in
Repairs northbound No. 2 lane
between Fernando and
Coachella
Fred Waring Reconstruct No. 1 lane in
Pavement Repairs westbound and all eastbound
lanes from Washington to
Palm Royale.
Jefferson/Dunbar Install new signal for
Traffic Signal Esplanade/Heritage Palms
(Indio)
Highway 111 at Modify median and construct
La Quinta Center dual left turn lanes for
Drive westbound Highway 111
197
Please rank the following Facilities and Parks Projects from 1 through 8:
Project DescriptionRank
LQ Park Well Site Install turf on CVWD wellsite
Cove Trailhead Construct an entrance to thetop
of the Cove trails with
landscaping and signage
Park Facilities Install camera systems at the
Security Cameras Cove Oasis, City Hall, LQ Park,
Fritz Burns Park, Library and
Museum with central monitoring
and real-time mobile device
access
North Skate Park Renovate the La Quinta Park
Improvements location with new concrete
ramps and install new fencing
Jefferson Construct pedestal forcurrent
Roundabout Art and future art pieces
Piece Pedestal
Monticello Replace existingwith modern,
Playground ADA compliant playground
Replacement Equipment with shade cover(s)
Velasco Replace existingwith modern,
Playground ADA compliant playground
Replacement Equipment with shade cover(s)
Saguaro Replace existingwith modern,
Playground ADA compliant playground
Replacement Equipment with shade cover(s)
198
2
199
200
201
202
REPORTSANDINFORMATIONALITEMS:22
203
204
REPORTSANDINFORMATIONALITEM:23
205
206
207
208
209
210
REPORTSANDINFORMATIONALITEMS:24
211
212
213
214
REPORTSANDINFORMATIONALITEM:25
215
216
REPORTSANDINFORMATIONALITEM:26
217
218
219
220
1
221
222
DEPARTMENTREPORT:2A
CDD
CDD
OMMUNITYEVELOPMENTEPARTMENT
OMMUNITYEVELOPMENTEPARTMENT
C C
USTOMERENTER
223
CityÔs goals and policies. Comprehensive Cancer Center Ð The Signature at PGA West Ð
Building Activity
224
ANIMAL CONTROL ACTIVITY
(
CODE COMPLIANCE ACTIVITY
(
225
226
2B
227
228