2015 06 16 CCT4ht
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City Council agendas and staff reports are
now available on the City's web page:
www.lo-Quinto.org
CITY COUNCIL
AGENDA
CITY HALL COUNCIL CHAMBERS
78-495 Calle Tampico, La Quinta
REGULAR MEETING ON TUESDAY, JUNE 16, 2015
3:00 P.M. CLOSED SESSION 1 4:00 P.M. OPEN SESSION
CALL TO ORDER
ROLL CALL: Councilmembers: Franklin, Osborne, Pena, 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. Please complete a "request to speak" form and limit ,your comments to three
minutes. The City Council values your comments; however in accordance with State law, no
action shall be taken on any item not appearing on the agenda unless it is an emergency item
authorized by GC 54954.2(b).
CLOSED SESSION
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION, PURSUANT TO GOVERNMENT
CODE SECTION 54957, COUNCIL APPOINTED POSITION - CITY MANAGER
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION SIGNIFICANT
EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(D)(2) (NUMBER OF POTENTIAL CASES: 1)
3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION INITIATION
OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(4)
(NUMBER OF POTENTIAL CASES: 1)
4. CONFERENCE WITH LABOR NEGOTIATOR, TERRY DEERINGER, REGARDING
NEGOTIATIONS WITH THE LA QUINTA CITY EMPLOYEES ASSOCIATION
PURSUANT TO GOVERNMENT CODE SECTION 54957.6 MEET AND CONFER
PROCESS
CITY COUNCIL AGENDA
JUNE 16, 2015
RECESS TO CLOSED SESSION
RECONVENE AT 4:00 P.M.
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
At this time, members of the public may address the City Council on any matter not listed on
the agenda. Please complete a "request to speak" form and limit your comments to three
minutes. The City Council values your comments; however in accordance with State law, no
action shall be taken on any item not appearing on the agenda unless it is an emergency item
authorized by GC 54954.2(b).
CONFIRMATION OF AGENDA
ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS
PAGE
1. LA QUINTA CHAMBER OF COMMERCE UPDATE 7
CONSENT CALENDAR
NOTE: Consent Calendar items are routine in nature and can be approved by one motion.
1. MINUTES OF JUNE 2, 2015 11
2. DENY CLAIM FOR DAMAGES FILED BY DAVID TRUEMAN; DATE OF 21
LOSS - DECEMBER 10, 2014
3. DENY CLAIM FOR DAMAGES FILED BY BONNIE TRUEMAN; DATE OF 23
LOSS - DECEMBER 10, 2014
4. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH LA QUINTA 25
CHAMBER OF COMMERCE FOR BUSINESS/MARKETING SUPPORT
SERVICES FOR FISCAL YEAR 2015/2016
5. APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES 53
AGREEMENT WITH JNS MEDIA SPECIALISTS FOR FISCAL YEAR
2015/2016 PRINT AND MEDIA MARKETING SERVICES
6. APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES 59
AGREEMENT WITH GRAPHTEK INTERACTIVE FOR FISCAL YEAR
2015/2016 DIGITAL MARKETING SERVICES
7. APPROVE CONTRACT SERVICES AGREEMENT WITH GOLDEN TOUCH 65
CLEANING FOR 2015/2016 JANITORIAL SERVICES
CITY COUNCIL AGENDA 2
JUNE 16, 2015
PAGE
8. APPROVE AMENDMENT AND CONTRACT CHANGE ORDER WITH 107
KIRKPATRICK LANDSCAPING SERVICES, INC. FOR CITYWIDE
LANDSCAPE MAINTENANCE
9. ADOPT RESOLUTION TO EXTEND TIME TO COMPLETE ON -SITE 113
IMPROVEMENTS FOR CAPISTRANO DEVELOPMENT (TRACT MAP NO.
31910) [RESOLUTION 2015-0271
10. APPROVE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE AND 121
ADVERTISE FOR BIDS FOR THE EXTERIOR PHASE OF LIBRARY 10TH
ANNIVERSARY IMPROVEMENTS PROJECT
11. APPROVE OVERNIGHT TRAVEL FOR THE PUBLIC WORKS DIRECTOR/ 125
CITY ENGINEER AND A PRINCIPAL ENGINEER TO ATTEND THE APWA
INTERNATIONAL PUBLIC WORKS CONFERENCE & EXPOSITION IN
PHOENIX, ARIZONA AUGUST 30 - SEPTEMBER 2, 2015
12. ACCEPT AVENIDA CARRANZA DRAINAGE IMPROVEMENTS 127
13. ADOPT RESOLUTION TO EXTEND TIME TO COMPLETE OFF -SITE AND 131
ON -SITE IMPROVEMENTS FOR PALIZADA (AMENDED TRACT MAP
NOS. 31732 AND 31733) [RESOLUTION 2015-0281
14. APPROVE PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE AND 139
ADVERTISE FOR BIDS FOR THE MONROE STREET PAVEMENT
REHABILITATION PROJECT
15. APPROVE A CONTRACT WITH CONSERVE LANDCARE FOR PROJECT 143
NO. 2014-15 FOR PARK LANDSCAPE MAINTENANCE SERVICES
16. APPROVE PARAMETERS GOVERNING NEWLY -CREATED ALTERNATE 151
POSITIONS ON CITY BOARDS AND COMMISSIONS
17. APPROVE CONTRACT SERVICES AGREEMENT WITH THE LA QUINTA 155
ARTS FOUNDATION FOR VARIOUS SPECIAL EVENTS
18. AUTHORIZE CITY MANAGER TO SUBMIT GRANT APPLICATION TO 179
CALRECYCLE BEVERAGE CONTAINER RECYCLING GRANT PROGRAM
AND ACCEPT AWARDED FUNDS
19. ADOPT RESOLUTION GRANTING CONDITIONAL APPROVAL OF FINAL 181
PARCEL MAP NO. 36811 WITHIN TRADITION [RESOLUTION 2015-0291
CITY COUNCIL AGENDA 3
JUNE 16, 2015
PAGE
20. AUTHORIZE OVERNIGHT TRAVEL FOR TRAFFIC SIGNAL SUPERVISOR 189
AND FACILITIES MAINTENANCE COORDINATOR TO ATTEND
TRAINING IN PASO ROBLES, CALIFORNIA ON SEPTEMBER 7, 8 AND 9,
2015
21. APPROVE AMENDMENT NO. 1 TO CITY OF LA QUINTA/COACHELLA 191
VALLEY ASSOCIATION OF GOVERNMENTS' REIMBURSEMENT
AGREEMENT FOR THE ADAMS STREET BRIDGE
22. APPROPRIATE FUNDING AND AWARD CONTRACT TO SUPERIOR 197
PAVEMENT MARKINGS, INC. FOR CONSTRUCTION OF JEFFERSON
STREET AT AVENUE 52 ROUNDABOUT IMPROVEMENTS
23. APPROVE AMENDMENT TO CONTRACT WITH A.M. LA SALLE 205
ELECTRIC, INC. FOR LANDSCAPE LIGHTING MAINTENANCE SERVICES
BUSINESS SESSION
1. APPROVE FORMATION AND SPECIFICATIONS OF AN ADVISORY 209
COMMITTEE TO EVALUATE THE CITY'S FINANCIAL NEEDS, AND
CONDUCT INTERVIEWS AND MAKE APPOINTMENTS TO THE NEWLY
FORMED COMMITTEE
2. ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2015/2016 BUDGET 219
AND ESTABLISH CITY'S APPROPRIATIONS LIMIT [RESOLUTION 2015-0301
3. INTRODUCE AN ORDINANCE AMENDING SEVERAL CHAPTERS OF TITLE 235
5 OF THE MUNICIPAL CODE RELATING TO BUSINESS REGULATIONS
AND DELETING CHAPTERS 5.16, 5.28, 5.44, 5.52, AND 11.60 OF THE
MUNICIPAL CODE
STUDY SESSION
1. WATER REDUCTION STRATEGIES FOR 2015/2015 381
2. DISCUSS AESTHETIC CONDITION OF HIGHWAY 111 CORRIDOR 401
PUBLIC HEARING - NONE
DEPARTMENTAL REPORTS
1. CITY MANAGER - CITY INTERNS AND VOLUNTEERS 449
2. CITY ATTORNEY
CITY COUNCIL AGENDA 4
JUNE 16, 2015
3. CITY CLERK - CITY CALENDAR 455
4. COMMUNITY DEVELOPMENT - REPORT / MAY 2015 459
5. COMMUNITY SERVICES - REPORT / MAY 2015 463
6. PUBLIC WORKS - REPORT / MAY 2015 471
MAYOR'S AND COUNCIL MEMBER'S ITEMS
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)
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. CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE (Osborne)
13. CVAG PUBLIC SAFETY COMMITTEE (Osborne)
14. CVAG VALLEY -WIDE HOMELESSNESS COMMITTEE (Osborne)
15. DESERT SANDS SCHOOL DISTRICT COMMITTEE (Osborne & Franklin)
16. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (Osborne)
17. ANIMAL CAMPUS COMMISSION (Pena)
18. COACHELLA VALLEY ECONOMIC PARTNERSHIP (Radi)
19. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) (Radi)
20. CVAG TRANSPORTATION COMMITTEE (Radi)
21. PALM SPRINGS AIRPORT COMMISSION REPORT
22. INVESTMENT ADVISORY BOARD MEETING MINUTES DATED APRIL 8, 477
2015
ADJOURNMENT
*********************************
The next regular meeting of the City Council will be held on July 7, 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.
CITY COUNCIL AGENDA 5
JUNE 16, 2015
DECLARATION OF POSTING
I, Susan Maysels, City Clerk, of the City of La Quinta, do hereby declare that the
foregoing Agenda for the La Quinta City Council meeting was posted on the City's
website, near the entrance to the Council Chambers at 78-495 Calle Tampico, and the
bulletin boards at the Stater Brothers Supermarket at 78-630 Highway 111, and the La
Quinta Cove Post Office at 51-321 Avenida Bermudas, on June 12, 2015
DATED: June 12, 2015
SUSAN MAYSELS, City Clerk
City of La Quinta, California
Public Notices
• The La Quinta City Council Chamber is handicapped accessible. If special equipment is
needed for the hearing impaired, please call the City Clerk's office at 777-7103, twenty-
four (24) hours in advance of the meeting and accommodations will be made.
• If special electronic equipment is needed to make presentations to the City Council,
arrangements should be made in advance by contacting the City Clerk's office at 777-
7103. A one (1) week notice is required.
• If background material is to be presented to the Councilmembers during a City Council
meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must
be supplied to the City Clerk for distribution. It is requested that this take place prior to
the beginning of the meeting.
• Any writings or documents provided to a majority of the City Council regarding any
item(s) on this agenda will be made available for public inspection at the Community
Development counter at City Hall located at 78-495 Calle Tampico, La Quinta,
California, 92253, during normal business hours.
CITY COUNCIL AGENDA 6
JUNE 16, 2015
PRESENTATION: 1
La Quinta Chamber of Commerce — Contract for Services
May 2015 — Update Report
New Business Communication
For the current reporting period, there were a total of 21 "New" business licenses for the "Retail"
and "Restaurant" categories provided to the Chamber of Commerce and a Total of 47 Year to
Date. In accordance with the Contract for Services the Chamber reached out to 100% of those
businesses to schedule an appointment and discuss how their businesses were progressing.
These included: Waba Grill, Dickey's Barbeque, Jules Market, Jersey Mike's and Pedego La
Quinta.
Comments/Concerns:
• The City has been hard to work with particularly on signage and a new marquee.
• Our La Quinta location will be our largest catering facility and we are pleased to be a part
of the community.
• So far, the City has been great to work with and we look forward to that continuing.
• We had issues with our signage, going back and forth with the City on the program.
Other than that, the City has been helpful.
• Having a hard time making ends meet — didn't anticipate several expenses as it pertains
to the beverage operation. We need assistance in driving business to our location.
• Happy to open a second location in La Quinta, and are planning on reaching near full
capacity.
• Business is slower than we anticipated.
Action Taken:
• Welcomed them to the Community and offered assistance in any manner.
• Discussed the purpose of the sign program and provide contact information for City staff
for future questions.
• Provided the owner with information on SCORE for free business counseling and offered
ideas on marketing their business.
• Discussed the benefits of the Chamber membership and how it can assist their business,
including advertising and discounts on supplies.
r.XlaLlllF- 13UN111UNN V U111111uiiluQL1U11
Businesses in La Quinta
Total 336 - As Reported on Play In La Quinta
IIIIIIIIIV Rusinesses. Signature IIVUi Rusinesses. Other. 6.
Businesses,
aurant, 90, 27%
lllllllu Businesses, Golf, 5,
1%
IIIIIIII Businesses, Hotel, 4,
1%
IIIIIIII Businesses, Retail,
224, 67
For purposes of The Existing Business Communication section of the Contract for Services —
Existing Businesses base line as reported on the Play In La Quinta website totaled 336. For the
current reporting period, there were 66 Existing Businesses, 130 Year to Date, contacted by the
Chamber to discuss how their business is doing, what trends they are experiencing, and how the
City or Chamber can assist. Businesses contacted included: The Village Gas Station & Market,
Red Robin, and Mountain View Tires to name a few.
Comments/Concerns:
• We have a new management team and want to be more involved in the Chamber and
Community.
• Our sales compared to last year are up during the season due to our social media efforts.
• Local events hurt our flow of customers.
• We appreciate what the City is doing and are glad to be located in the Village area.
• We do not want to participate in the Chamber.
Action Taken:
• Provided information on ways to be involved in upcoming events, including the
Community Picnic and City Birthday.
• Provided additional information on the benefits of the Chamber.
• Provided a listing of local events and offered to meet to discuss potential marketing
opportunities.
2
Additional Economic Development Activities
From an overall business and community perspective, the Chamber was involved in a number of
key events specifically designed to help stimulate business activity in La Quinta.
• The Taste of La Quinta® held on March 14, 2015, on the streets of Old Town, was a
great success with over 550 community participants, tapas from over 20 restaurants, and
50 plus varieties of wines. This year, the weather cooperated and the Chamber has
received favorable feedback with ideas for next year.
• A local favorite, the Village Street Fair, is being evaluated and may be reestablished in
some form including a "Mobile" event that can be situated throughout La Quinta at
various areas such as the Village, on Highway 111, and in North La Quinta. Logistics
and locations are being researched, working toward a possible launch date the fall of
2015.
• Due to the tight turnaround times, the potential "drop" areas for attendees of the
Coachella Festival were not pursued. Additional information is being gathered to
determine if the program is viable for 2016.
Semi Annual CEO Forum
The CEO Forum Committee has met with the local Chapter of SCORE and discussed next steps
in the process. An affiliate Chapter of SCORE in Orange, CA that has been operating a
successful CEO Forum for several years has been contacted and will be utilized as the model for
the La Quinta Forum. A list of potential participants has been developed and is being reviewed
by the Committee. The Committee has revised the launch date due to the complexities and
ability to attract the appropriate individuals to participate in the CEO Forum. The planned
release date is scheduled for late summer or fall. Additional information will be updated in
future reports.
Commercial Broker
Regarding Commercial Broker Communication, the Chamber had met with four Commercial
Brokers in the first quarter of 2014. Following the last presentation to Council, no additional
action will be taken in the near future and will begin as appropriate.
Shop Local Campaign
As an initial program in the Shop Local Campaign, the Chamber has initiated a "Best Happy
Hour" in the La Quinta Chamber of Commerce with a call to action in the June 2015 GEM. The
Happy Hour competition will be the entire month of July, and the Chamber is contacting all
members who may have a "Happy Hour" including, all restaurants, grills, and sports bars.
Participating members will receive free advertising in the July GEM promoting the program with
a list of locations, times and specials. Attendees of the "happy hour" will be directed to an
online survey for voting for their favorite. Categories may include "Best Pricing," "Best Drink
Special," "Best Menu," "Best Hours," and "Overall Best Happy Hour." The results will be
tabulated in August and announced at an upcoming event.
The GEM Community Newspaper
In July 2014, the Chamber contracted with a third party to produce the GEM and refresh the look
and feel of the publication. The Chamber expanded the distribution for one month; the May
issue of the GEM includes Sun City, Indian Wells, and Bermuda Dunes to continue to promote
the community and members. Favorable comments continue to flow in and the Chamber will
continue to seek ways to enhance the GEM.
The Visitor Center
The Chamber has completed its move into City Hall and has settled in. As presented in previous
communications, the Chamber is implementing an interactive "Kiosk" that has been ordered and
will arrive in three to five weeks. The Kiosk is anticipated to interact with specific event
calendars, the Chamber's website and the City's website. The Chamber is working on securing
sponsorships to cover the cost of the Kiosk Additionally, the Chamber is working closely with
City staff on their potential Kiosk needs and is scheduling a webinar to assist.
Annual Financial Review/Audit
The Chamber understands the importance of its fiscal responsibility and is working constantly to
ensure its books are in order. The Chamber recently contracted with a bookkeeper to ensure
continued financial accuracy. Additionally, the Chamber is in the process of completing its
review and due to tax season the results have been delayed and will be presented in a future
update.
M
CONSENT: 1
CITY COUNCIL
MINUTES
TUESDAY, JUNE 2, 2015
A regular meeting of the La Quinta City Council was called to order at 3:00 p.m. by
Mayor Evans.
PRESENT: Councilmembers Franklin, Osborne, Pena, Radi, Mayor Evans
ABSENT: None
PUBLIC COMMENT ON MATTERS NOT ON AGENDA - None
CLOSED SESSION
1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED SOUTH OF
AVENUE 52 AND WEST OF JEFFERSON STREET (APNS: 776-150-025, 776-150-
0227 777-490-0117 777-490-008, 777-490-017, AND 777-490-005).
CITY NEGOTIATOR: FRANK J. SPEVACEK, CITY MANAGER
NEGOTIATING PARTY: CHRISTIAN TITLE/ART CENTER TRUST
UNDER CONSIDERATION: PRICE AND TERMS OF PAYMENT
2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION, PURSUANT TO GOVERNMENT
CODE SECTION 54957, COUNCIL APPOINTED POSITION — CITY ATTORNEY
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION, PURSUANT TO GOVERNMENT
CODE SECTION 54957, COUNCIL APPOINTED POSITION — CITY MANAGER
COUNCIL RECESSED TO CLOSED SESSION AT 3:04 P.M.
MAYOR EVANS RECONVENED THE CITY COUNCIL MEETING AT 4:06 P.M. WITH ALL
MEMBERS PRESENT.
City Attorney Ihrke reported that no actions were taken in Closed Session regarding
Item Nos. 1 and 3 that require reporting pursuant to Government Code Section
54957.1 (Brown Act). City Attorney Ihrke reported that based on the performance
evaluation conducted per Item No. 2, there would be no change in his position as City
Attorney.
Councilmember Franklin led the audience in the pledge of allegiance.
CITY COUNCIL MINUTES 1
JUNE 2, 2015
PUBLIC COMMENT ON MATTERS NOT ON AGENDA
PUBLIC SPEAKER: Joe Dolence, La Quinta - Mr. Dolence spoke about the start time of
Council meetings and the tickets his son received in April for not wearing a helmet.
PUBLIC SPEAKER: John Wadlund, La Quinta - Mr. Wadlund, a 15-year old resident,
requested that the Council change the skate park rules to allow bicycles.
PUBLIC SPEAKER: Eric Wadlund, La Quinta - Mr. Wadlund requested that the Council
allow bicycles to use the existing skate park so bikers did not have to wait until a new
skate/bike park is built.
CONFIRMATION OF AGENDA
Councilmember Franklin requested that Consent Calendar Item No. 14 be moved to
the Business Session for separate discussion and vote. Council concurred.
ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS - None
CONSENT CALENDAR
1. APPROVE MINUTES OF MAY 19, 2015
2. APPROVE DEMAND REGISTERS DATED MAY 15 AND MAY 22, 2015
3. SECOND READING AND ADOPTION OF ORDINANCE NO. 525 CHANGING
ZONING DESIGNATION FROM MEDIUM HIGH TO LOW DENSITY RESIDENTIAL
FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF JEFFERSON STREET
AND AVENUE 52
4. APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH BENGAL
ENGINEERING TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR
DUNE PALMS ROAD WIDENING PROJECT
5. APPROVE SPECIFICATIONS AND ENGINEER'S ESTIMATE AND ADVERTISE FOR
BIDS FOR FISCAL YEAR 2015/2016 SLURRY SEAL PROGRAM
6. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS FOR
CONSTRUCTION INSPECTION SERVICES
7. APPROVE INVESTMENT ADVISORY BOARD WORK PLAN FOR FISCAL YEAR
2015/2016
8. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH TRAFFEX ENGINEERS,
INC. FOR CONTRACT TRAFFIC ENGINEER SERVICES
CITY COUNCIL MINUTES 2
JUNE 2, 2015
9. APPROVE SPECIFICATIONS AND ENGINEER'S ESTIMATE AND ADVERTISE BIDS
FOR THE INTERIOR PHASE OF THE LIBRARY 10TH ANNIVERSARY
IMPROVEMENTS PROJECT
10. ADOPT A RESOLUTION TO AMEND AND RESTATE THE RULES OF PROCEDURE
FOR COUNCIL MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES
[RESOLUTION 2015-0231
11. ADOPT RESOLUTION FOR FISCAL YEAR 2015/2016 INVESTMENT POLICY
[RESOLUTION 2015-0241
12. APPROVE PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE AND
ADVERTISE FOR BIDS FOR PHASE I AND PHASE II AMERICANS WITH
DISABILITIES ACT SPORTS COMPLEX AND YMCA FACILITY IMPROVEMENTS
PROJECT
13. pulled by Councilmember Osborne for a separate vote due to a conflict of interest
>>> APPROVE PROFESSIONAL SERVICES AGREEMENT WITH NAI CONSULTING,
INC. FOR PROJECT MANAGEMENT AND CONTRACT ADMINISTRATIVE SUPPORT
SERVICES
14. pulled by Councilmember Franklin, moved to Business Session No. 2 for separate
discussion and vote >>> APPROVE MEMORANDUM OF UNDERSTANDING WITH
EAST VALLEY COALITION FOR REGIONAL ECONOMIC DEVELOPMENT AND
FIRST YEAR BUDGET
Councilmember Osborne announced that he will abstain from voting on Consent
Calendar Item No. 13 due to a conflict of interest resulting from a business
relationship with the principals of NAI Consulting, Inc.
MOTION - A motion was made and seconded by Councilmembers Radi/Franklin to
approve Consent Calendar Item Nos. 1-12 as recommended with Item Nos. 10 and 11
adopting Resolutions 2015-023 and 2015-024 respectively. Motion passed
unanimously.
MOTION - A motion was made and seconded by Councilmembers Pena/Radi to
approve Consent Calendar Item No. 13 as recommended. Motion passed: ayes 4,
noes 1, abstain 1 due to conflict of interest (Osborne).
BUSINESS SESSION
1. INTERVIEWS AND APPOINTMENTS OF RESIDENTS TO VARIOUS CITY BOARDS
AND COMMISSIONS
CITY COUNCIL MINUTES 3
JUNE 2, 2015
Mayor Evans thanked all applicants for their willingness to serve the City, and
explained the process the Council would follow in conducting the interviews and
selecting new members.
City Clerk Maysels held a random drawing resulting in the following interview order:
1. Architectural and Landscaping Review Board
2. Planning Commission
3. Community Services Commission
4. Investment Advisory Board
5. Historic Preservation Commission
1. ARCHITECTURAL AND LANDSCAPING REVIEW BOARD
No applicants present. No appointments made.
2. PLANNING COMMISSION (open: one alternate)
The following applicant gave a brief presentation on her qualifications:
Andrea Spirtos
Geier I epe not present
MOTION - A motion was made and seconded by Councilmembers Osborne/Radi to
appoint Andrea Spirtos as an Alternate to the Planning Commission for a term to be
decided at the next Council meeting. Motion passed unanimously.
3. COMMUNITY SERVICES COMMISSION (open: one alternate, one mid-term vacancy)
The following applicant gave a brief presentation on his qualifications:
Felice Chiapperini
De g Hassett application withdrawn
KGthloon BGYI R not present
Deriel Wy4e+ not present
MOTION - A motion was made and seconded by Councilmembers Radi/Franklin to
appoint Felice Chiapperini to the Community Services Commission to fill the mid-term
vacancy with the term ending June 30, 2016. Motion passed unanimously.
4. INVESTMENT ADVISORY BOARD (open: one alternate, one full term)
The following applicants gave a brief presentation on their qualifications:
George Batavick
Mike Krmpotich
MOTION - A motion was made and seconded by Councilmembers Osborne/Radi to
appoint George Batavick to the Investment Advisory Board for the term of July 1, 2015
to June 30, 2018, and to appoint Mike Krmpotich to fill the mid-term vacancy with the
term ending June 30, 2016. Motion passed unanimously.
CITY COUNCIL MINUTES 4
JUNE 2, 2015
5. HISTORIC PRESERVATION COMMISSION (open: one alternate, one professional, one non-
professional)
The following applicant gave a brief presentation on her qualifications:
Linda Williams
MOTION - A motion was made and seconded by Councilmembers Osborne/Radi to
appoint Linda Williams to the non-professional seat on the Historic Preservation
Commission for the term of July 1, 2015 to June 30, 2018. Motion passed
unanimously.
2. Consent Calendar Item No. 14 pulled by Councilmember Franklin, moved to
Business Session No. 2 for separate discussion and vote >>> APPROVE
MEMORANDUM OF UNDERSTANDING WITH EAST VALLEY COALITION FOR
REGIONAL ECONOMIC DEVELOPMENT AND FIRST YEAR BUDGET
Councilmembers discussed the status of the Coachella Valley Economic Partnership's
iHUB; amounts budgeted by the city for economic development purposes in past years
and amount requested for Fiscal Year 2015/2016; a possible duplication of effort;
participating cities would include only La Quinta and Indio; number two economic
driver in the Valley being agriculture; $10,000 is a nominal investment for a two-year
pilot program; ability to interview the County's recommended staff person from its
Economic Development Agency; the similar partnership in the western portion of the
County; private sector involvement in the partnership, and; support for the concept but
not the partnership's name.
MOTION - A motion was made and seconded by Councilmembers Osborne/Radi to
approve a memorandum of understanding with East Valley Coalition for regional
economic development and first year budget. Motion passed unanimously.
STUDY SESSION
1. MARKETING STRATEGIES FOR FISCAL YEAR 2015/2016
Marketing and Events Supervisor Larson presented the staff report, which is on file in
the City Clerk's Office. City marketing consultants Mike Cheley, CEO/Creative Director
of Graphtek Interactive and Garry Sage, President of JNS Media Specialists provided
additional information.
Councilmembers discussed working with the concierge staff at the Jacqueline Cochran
Regional Airport Authority; the need to include more city activities on the website
event calendar such as Wellness Center and Museum events; support for the map of
registered vacation rentals; effectiveness of Next Door program; efforts to bring out
local market; ability to track the benefits of GEM publication; the need for nightlife to
attract the millennial generation; increasing the use of twitter and Instagram;
marketing program during Coachella and Stagecoach events; efforts to promote golf
CITY COUNCIL MINUTES 5
JUNE 2, 2015
in La Quinta; effectiveness of print versus electronic marketing on the millennial
generation; recalibration strategy; efforts to extend the high season into the shoulder
seasons; suggestion to explore producing a city restaurant map with the Chamber of
Commerce; support for the dedicated "selfie" photo sites; website bounce rates;
maximizing the City's relationship with the CVB; expansion into emerging markets
such as Seattle and Portland; City ads at the Palm Springs Airport; and slush fund for
local events.
PUBLIC SPEAKER: Wells Marvin, La Quinta - Mr. Marvin said the marketing efforts are
well done; marketing is the best use of money to stimulate economic development;
there is a need to reach out to locals who have money; golf is passe; a high
percentage of visitors are looking for hiking and biking; need to be proactive with local
events like the block party and fund larger events such as marathons and bike rides;
need to allocate more funds to marketing and spend the funds once budgeted.
The consensus of the Council was that staff and marketing consultants were on the
right track with past efforts and plans for future marketing.
2. DISCUSS INTERIM OFF-STREET PARKING STANDARDS FOR THE LA QUINTA
VILLAGE
Community Development Director Johnson presented the staff report, which is on file
in the City Clerk's Office.
Councilmembers discussed the pros and cons of Options A, B, and C; use of in -lieu
parking fees; re-examining whether parking requirements should be the same for the
Village as other areas of the City such as Highway 111; allowing for compact size
spots; solutions to employee parking in prime customer spots; triggers for parking and
traffic studies; short-term credit for street spaces; and increase interim period from
one to two years.
PUBLIC SPEAKER: Wells Marvin, La Quinta - Mr. Marvin said the time for action is now;
no more studies are needed - the 2006 parking study is still relevant; supports Option
A for a period of two years.
The consensus of the Council was to support a modified Option A for a period of one
year with an option for the Council to extend it for a second year, with no new parking
required for change -of -use permits.
3. FISCAL YEAR BUDGET 2015/2016
City Manager Spevacek and Finance Director Conrad presented the staff report, which
is on file in the City Clerk's Office.
CITY COUNCIL MINUTES 6
JUNE 2, 2015
Councilmembers discussed public safety budget and staffing; city staffing requests;
Village EIR study; transferring animal control responsibilities to the County so the
City's Code Officers may focus on code enforcement; increasing the marketing budget;
Old Town Artisans' funding request; stipulated that La Quinta contributions to CVEP
are to be used for the workforce excellence program; frequency of awarding grants;
grant amounts awarded to schools; setting marketing funds aside for local events;
and a reserve for unexpected expenses.
In response to Councilmembers' questions, Sheriff Captain Andrew Shouse, La
Quinta's Police Chief, said that the Sheriff supports the City Manager's
recommendation to reduce patrol hours from 150 to 140 hours per day (a reduction
from 15 to 14 officers) for a savings of $460,000, with the caveat that if the data/crime
statistics show a fluctuation, the City and Sheriff readdress the matter.
Councilmember Franklin said that she supports reducing police patrols from 150 to
140 hours per day; the addition and reclassification of employees as recommended in
the report; funding the Village EIR; contracting with Riverside County for animal
control services; increasing the marketing budget; referring Old Town Artisan's funding
request to the City's grant program, and; reserving some funds to cover unanticipated
expenses during the fiscal year.
Councilmembers concurred with Councilmember Franklin's directions to staff.
PUBLIC HEARINGS - moved up on the agenda by Mayor Evans
1. ADOPT RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENT FOR
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1, FISCAL YEAR
2015/2016 [RESOLUTION 2015-0251
Public Works Director Jonasson presented the staff report, which is on file in the City
Clerk's Office.
MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 8:03 P.M.
PUBLIC SPEAKER: None
MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 8:03 P.M.
MOTION - A motion was made and seconded by Councilmembers Franklin/Radi to
adopt Resolution No. 2015-025 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FISCAL
YEAR 2015/2016 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1
(PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972)
Motion passed unanimously.
CITY COUNCIL MINUTES 7
JUNE 2, 2015
2. ADOPT RESOLUTION APPROVING FISCAL YEAR 2015/2016 THROUGH
2019/2020 CAPITAL IMPROVEMENT PROGRAM [RESOLUTION 2015-0261
Principal Engineer Wimmer presented the staff report, which is on file in the City
Clerk's Office.
Councilmembers discussed the funding for the roundabout at Eisenhower Drive and
Avenida Montezuma; circumstances under which Developer Impact Funds could be
used for water conservation programs; entering into a Memorandum of
Understanding with the Coachella Valley Water District regarding rebates for water
conservation projects; cost of the BMX/skate/scooter facility; use of courts for both
tennis and pickle ball; pool improvements schedule; Civic Center turf conversion; and
timing of drainage projects.
MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 8:27 P.M.
PUBLIC SPEAKER: Janeil Austin, La Quinta - Ms. Austin requested that capital funds for
the pool improvements be moved up to Fiscal Year 2015/2016, and delivered to the
City Clerk a petition with about 30 signatures supporting her request.
In response to Councilmembers' questions, Community Services Director Hylton
explained the pros and cons of heating the pool and completing improvements sooner
than planned.
MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 8:40 P.M.
MOTION - A motion was made and seconded by Councilmembers Radi/Franklin to
adopt Resolution No. 2015-026 entitled:
ADOPT RESOLUTION APPROVING FISCAL YEAR 2015/2016 THROUGH
2019/2020 CAPITAL IMPROVEMENT PROGRAM
Motion passed unanimously.
REPORTS AND INFORMATIONAL ITEMS
La Quinta's representative for 2015, Mayor Evans, reported on her participation in the
following organization's meeting:
• CVAG EXECUTIVE COMMITTEE
La Quinta's representative for 2015, Councilmember Franklin, reported on her
participation in the following organization's meeting:
• SUNLINE TRANSIT AGENCY
La Quinta's representative for 2015, Councilmember Osborne, reported on his
participation in the following organization's meeting:
• IID ENERGY CONSUMERS' ADVISORY COMMITTEE
CITY COUNCIL MINUTES 8
JUNE 2, 2015
La Quinta's representative for 2015, Councilmember Radi, reported on his participation
in the following organization's meeting:
• COACHELLA VALLEY ECONOMIC PARTNERSHIP
DEPARTMENT REPORTS
Department Reports were received and filed. Copies are available in the City Clerk's
Office.
MAYOR'S AND COUNCIL MEMBER'S ITEMS
Councilmember Osborne requested that staff inform residents about Imperial
Irrigation District's free energy audits in the next publication of The Gem.
Councilmember Franklin said that she toured the La Quinta Resort with the Council's
Economic Development Subcommittee and learned from the Resort's General
Manager, Paul Cherrett, that the City's hiking trails are not well marked. Mr. Cherrett
called La Quinta the "Palm Beach of the West" and informed them that resort rooms
are $99 a night through the summer months.
Councilmember Radi said that the La Quinta Resort is considering adding an art studio
and Mr. Cherrett suggested that the City's economic development efforts focus on the
arts, food, hiking and biking.
In response to Councilmember Pena, Assistant Police Chief Walton explained his
department's effort to clear the homeless squatters on the hillside.
Mayor Evans noted that many members of the Council will be attending the La Quinta
High School graduation on Thursday to celebrate the students and their
achievements.
ADJOURNMENT
There being no further business, a motion was made and seconded by
Councilmembers Franklin/Radi to adjourn at 9:04 p.m. Motion passed unanimously.
Respectfully submitted,
SUSAN MAYSELS, City Clerk
City of La Quinta, California
CITY COUNCIL MINUTES 9
JUNE 2, 2015
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AGENDA CATEGORY:
CITY / SAS HAS FA MEETING DATE: June 16, 2015
BUSINESS SESSION:
ITEM TITLE: DENY CLAIM FOR DAMAGES FILED BY DAVID
TRUEMAN; DATE OF LOSS - DECEMBER 10, 2014 CONSENT CALENDAR: 2
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Deny the claim for damages of David Trueman in its entirety.
EXECUTIVE SUMMARY:
• A claim was filed by David Trueman with a reported date of loss of December
10, 2014 for damages.
• It was forwarded to Carl Warren & Company ("CW"), the City's claims
administrator.
• CW reviewed the claim and recommends denial, as the reported incident
involved the Riverside County Sheriff's department.
FISCAL IMPACT:
Stated damages are in excess of $25,000.
BACKGROUND/ANALYSIS:
The claimant alleges damages sustained during an auto accident with a La Quinta
Police Officer on December 10, 2014. CW recommends tendering the claim to
Riverside County Sheriff's Department, as they have agreed to indemnify the City
against all claims of this nature.
ALTERNATIVES:
Per the City's contract with Riverside County for law enforcement services, the County
indemnifies the City for any and all claims related to the provision of sheriff services.
Thus, there is no alternative but to tender this claim to Riverside County.
Report prepared by: Terry Deeringer, Human Resources/Risk Manager
Report approved for submission by: Frank J. Spevacek, City Manager
�a
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AGENDA CATEGORY:
CITY / SAS HAS FA MEETING DATE: June 16, 2015
BUSINESS SESSION:
ITEM TITLE: DENY CLAIM FOR DAMAGES FILED BY BONNIE
TRUEMAN; DATE OF LOSS - DECEMBER 10, 2014 CONSENT CALENDAR: 3
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Deny the claim for damages of Bonnie Trueman in its entirety.
EXECUTIVE SUMMARY:
• A claim was filed by Bonnie Trueman with a reported date of loss of December
10, 2014 for damages.
• It was forwarded to Carl Warren & Company ("CW"), the City's claims
administrator.
• CW reviewed the claim and recommends denial, as the reported incident
involved the Riverside County Sheriff's department.
FISCAL IMPACT:
Stated damages are in excess of $25,000.
BACKGROUND/ANALYSIS:
The claimant alleges damages sustained during an auto accident with a La Quinta
Police Officer on December 10, 2014. CW recommends tendering the claim to
Riverside County Sheriff's Department, as they have agreed to indemnify the City
against all claims of this nature.
ALTERNATIVES:
Per the City's contract with Riverside County for law enforcement services, the County
indemnifies the City for any and all claims related to the provision of sheriff services.
Thus, there is no alternative but to tender this claim to Riverside County.
Report prepared by: Terry Deeringer, Human Resources/Risk Manager
Report approved for submission by: Frank J. Spevacek, City Manager
Taf 4 4 a"
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CITY / SAS HAS FA MEETING DATE: June 16, 2015 AGENDA CATEGORY:
ITEM TITLE: APPROVE PROFESSIONAL SERVICES BUSINESS SESSION:
AGREEMENT WITH LA QUINTA CHAMBER OF COMMERCE
CONSENT CALENDAR: 4
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Approve a Professional Services Agreement with the La Quinta Chamber of Commerce
and authorize the City Manager to execute the agreement.
EXECUTIVE SUMMARY:
• The La Quinta Chamber of Commerce (Chamber) provides support to businesses
in La Quinta.
• The City has entered into annual Professional Services Agreements (PSAs) with
the Chamber since 1991 in order to support their business development and
retention, and tourism promotion initiatives.
• The PSA (Attachment 1) includes measurable objectives regarding economic
and business development.
FISCAL IMPACT:
The Fiscal Year 2015/2016 Budget provides $127,500 for Chamber services, which
include:
• Business Retention/Promotion and Economic Development $25,000
• The Gem (community newsletter) [10 City inserts] $89,000
• The Visitor's Center $8,500
• Annual Financial Review $5,000
BACKGROUND/ANALYSIS:
The City and Chamber have entered into annual PSAs since Fiscal Year 1991/1992.
The City's financial commitment allows both entities to support La Quinta businesses.
As part of their business development and retention and tourism promotion, the
Chamber offers the following:
• Resources for local businesses, including networking and advertising
opportunities.
• The Gem, a monthly newsletter mailed to residents.
• The Hot Rod and Custom Car Show and Taste of La Quinta events.
• The La Quinta Visitor Center.
This year, the scope of work in the PSA includes new and continuing measurable
objectives for the Chamber regarding economic and business development. These
objectives include:
• Coordination with Economic Development staff to develop a standard
questionnaire for use when meeting with businesses. (Results will be tracked
and discussed monthly with City staff and reported quarterly to City Council).
• Visits to all new retail and restaurant businesses in La Quinta, and continuation
of visits to existing business.
• Continuation of semi-annual CEO forum and regular business education
programming with SCORE.
• "Shop Local" campaign with discounts and coupons for La Quinta businesses.
• Development of new community events, which may include:
o "Best Happy Hour" event
o Quarterly or semi-annual "Taste of La Quinta" event.
o Food truck event
• Production of The Gem newsletter
o Ten months/issues (with City funding)
o Ten months/issues inclusion of four -page "City Pages" spread.
o Chamber opting to fund two additional months/issues of The Gem
(Chamber portion only; not City Pages)
• Operation of the Visitors Center, which includes the new information kiosk that
provides information on local businesses, promotions, event information, and
links to community information.
Per the PSA, the Chamber is to submit a full audit every three years, and an annual
financial review in the interim years. This fiscal year, a full audit of the organization
will be completed. Once submitted, staff will report any major findings to City Council.
The Chamber of Commerce also has a Facility Rental Agreement with the City for
office space at City Hall.
ALTERNATIVES:
Make modifications to the funding level of the PSA.
Report prepared by: Tustin K. Larson, Marketing & Events Supervisor
Report approved for submission by: Edie Hylton, Deputy City Manager
Attachment: 1. PSA
ATTACHMENT 1
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (the "Agreement") is made and
entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal
corporation, and La Quinta Chamber of Commerce ("Consultant"). 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 promotion,
encouragement, representation and retention of businesses and business activities in
the City of La Quinta, as specified in the "Scope of Services" attached hereto as Exhibit
"A" and incorporated herein by this reference (the "Services"). 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 "highest professional standards" 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 subcontractors'
compliance with this Section.
1.4 Familiarity with Work. By executing this Agreement, Consultant warrants
that (a) it has thoroughly investigated and considered the Services to be performed,
Last revised April 2015
(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).
1.5 Standard of Care. Consultant acknowledges and understands that the
Services contracted for under this Agreement require specialized skills and abilities
and that, consistent with this understanding, Consultant's 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 ("Additional Services") 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 Officer's 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 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.
Last revised April 2015 -2-
1.7 Special Requirements. Additional terms and conditions of this Agreement,
if any, which are made a part hereof are set forth in Exhibit "D" (the "Special
Requirements"), which is incorporated herein by this reference and expressly made a
part hereof. In the event of a conflict between the provisions of the Special
Requirements and any other provisions of this Agreement, the provisions of the
Special Requirements shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the Services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of
Compensation") in a total amount not to exceed One Hundred Twenty -Seven
Thousand Five Hundred Dollars ($127,500) (the "Contract Sum"), 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, Consultant's 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 approved by
City pursuant to this Agreement no later than thirty (30) days after invoices are
received by the City's Finance Department.
2.3 Compensation for Additional Services. Additional Services approved in
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
Last revised April 2015 -3-
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
"Schedule of Performance"). Extensions to the time period specified in the Schedule of
Performance may be approved in writing by the Contract Officer.
3.3 Force 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.
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 July 1, 2015 and
terminate on June 30, 2016 ("Initial Term").
4.0 COORDINATION OF WORK
4.1 Representative of Consultant. The following principals of Consultant
("Principals") 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:
Last revised April 2015 -4-
a. Jason Schneider, Chairman
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b. Jeff Fishbein, Treasurer
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c. Mike Williams, Secretary
E-mail: 22iike@.................
pi�:isioweg�ies�:���:e. oo
d. David Archer, President/CEO
Email: .c�,�.���, �i..��..lq If-ic°�of eiow. oof
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 "Contract Officer" shall be Frank J. Spevacek, City
Manager, or such other person as may be designated in writing by the City Manager of
City. It shall be 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 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 City's
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.
4.4 Independent Contractor. Neither City nor any of its employees shall have
any control over the manner, mode, or means by which Consultant, its agents, or its
Last revised April 2015 -5-
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
Consultant's 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 ("PERS") 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 workers'
compensation laws regarding Consultant and Consultant's employees. Consultant
further agrees to indemnify and hold City harmless from any failure of Consultant to
comply with applicable workers' compensation laws. City shall have the right to offset
against the amount of any payment due to Consultant under this Agreement any
amount due to City from Consultant as a result of Consultant's failure to promptly pay
to City any reimbursement or indemnification arising under this Section.
4.5 Identity of Persons Performing Work. Consultant represents that it 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
Last revised April 2015 -6-
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 "Insurance
Requirements") 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
("Indemnification") which is incorporated herein by this reference and expressly made
a part hereof.
7.0 RECORDS AND REPORTS.
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, 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 "Books
and Records"), 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
Last revised April 2015 -7-
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 Consultant's business, custody of the
Books and Records may be given to City, and access shall be provided by Consultant's
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 "Documents and Materials") 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 City's sole risk and without liability to
Consultant, and Consultant's guarantee and warranties shall not extend to such use,
revise, or assignment. Consultant may retain copies of such Documents and Materials
for its 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.
7.4 Licensing of Intellectual Property. This Agreement creates a non-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
Last revised April 2015 -8-
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 City's 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.
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
Last revised April 2015 -9-
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.
8.7 Termination Prior To Expiration Of Term. This Section shall govern any
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.
8.8 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.
Last revised April 2015 -10-
8.9 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 attorneys' fees; provided, however, that the attorneys' 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. Attorneys' fees shall include attorneys' fees on any appeal,
and in addition a party entitled to attorneys' 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.
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.
9.2 Conflict of Interest. Consultant covenants that neither it, nor any officer 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
Consultant's 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,
Last revised April 2015 -11-
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 deemed communicated
forty-eight (48) hours from the time of mailing if mailed as provided in this Section.
To City:
CITY OF LA QUINTA
Attention: Frank J. Spevacek
City Manager
78-495 Calle Tampico
La Quinta, California 92253
To Consultant:
LA QUINTA CHAMBER OF COMMERCE
Attention: David Archer
President/CEO
78-495 Calle Tampico
La Quinta, California 92253
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
Last revised April 2015 -12-
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.
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 Authoritv. 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]
Last revised April 2015 -13-
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
CITY OF LA QUINTA,
a California municipal corporation
FRANK J. SPEVACEK, City Manager
Dated:
ATTEST:
SUSAN MAYSELS, City Clerk, La Quinta,
California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
CONSULTANT:
By:
Name:
Title:
Dated:
By:
Name:
Title:
Dated:
Two signatures are required if Consultant is a corporation.
NOTE: CONSULTANT'S 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
CONSULTANT'S BUSINESS ENTITY.
Last revised April 2015 -14-
Exhibit A
Scope of Services
1. Services to be Provided:
A. Business Retention/Promotion & Economic Development
a. Chamber staff will coordinate with City's Economic Development staff
within first quarter to develop a questionnaire to use when meeting with
businesses. The questionnaire should ask a range of multiple choice and
open ended questions. Results will be tracked and discussed monthly
with City Staff and reported quarterly to City Council.
b. Utilizing the "New" Business License List from the City the Chamber will
visit 100% of the "New" "Retail and Restaurant" businesses within the
City Limits, 45 days from receipt of the "List" for the Fiscal Year 2015 -
2016. The Chamber will meet with the business Owner/Manager, discuss
how their business is progressing and administer the questionnaire.
c. Utilizing the "Current" Business List from the City of approximately 304
retail and restaurants, the Chamber will visit 50% of the existing
business, which are approximately 38 businesses quarterly for the term
of the agreement. The Chamber will meet with the business
Owner/Manager, discuss how their business is doing and provide an
online survey to gather specific information. The Chamber will meet with
the business Owner/Manager, discuss how their business is progressing
and administer the questionnaire.
d. Semi Annual CEO Forum - Implement and facilitate a Semi Annual CEO
Forum inviting key individuals such as General Managers' and Property
Owners. The leaders of growing small and mid -sized companies confront
the constant challenge of constrained resources in the face of increasing
competition. The CEO Forum is formed to address these strategic issues
in a peer group setting. The objective of the Forums is to improve the
performance of their businesses through shared experiences and
knowledge. Each CEO Forum group is comprised of 5 - 8 executives from
non -competing businesses who will meet regularly as an ongoing team
as deemed appropriate by the team members. Results will be tracked
and discussed as appropriate with City Staff and reported quarterly to
City Council.
e. Shop Local Campaign - Continue the "Shop Local" Campaign to be
implemented in Fiscal Year 2015 - 2016
Last revised April 2015 EXHIBIT A
Page 1 of 1
B. Develop new events during fiscal year 2015 - 2016. These events may include:
a. "Best Happy Hour" event
b. Quarterly or Semi -Annual "Taste of La Quinta" type event.
c. Food Truck event
C. The Gem Community Newsletter
a. Ten months/issues out of the year (with City funding)
b. Ten months/issues out of the year inclusion of City Pages
c. Chamber opting to fund two additional months/issues of The Gem
(Chamber portion only; not City Pages)
D. The Visitor's Center
a. Chamber will operate the La Quinta Visitor's Center for the duration of
this term. In addition; Chamber will continue to coordinate with City staff
to improve the aesthetics of the Visitor's Center. These improvements
would include improved methods to display promotional materials and
other collateral, and s self -serve informational kiosk.
E. Annual Financial Review/Audit
a. The La Quinta Chamber of Commerce shall provide a full audit every
three years and an annual financial review report in non -audit years. A
full audit is required for fiscal year ending June 30, 2016.
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 compensation to be paid to
Consultant under this Agreement is One Hundred Twenty -Seven Thousand Five
Hundred Dollars ($127,500) ("Contract Sum"). The Contract Sum shall be paid to
Consultant in installment payments per the Payment Schedule and in an amount
identified in Consultant's schedule of compensation attached hereto for the work
tasks performed and properly invoiced by Consultant in conformance with Section 2.2
of this Agreement.
Payment Schedule is as follows:
July 29, 2015
October 29, 2015
January 29, 2016
April 29, 2016
Last revised April 2015 EXHIBIT B
Page 1 of 1
$31,875
$31,875
$31,875
$31,875
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.
A. Business Retention/Promotion & Economic Development/Support
a. Ongoing (throughout fiscal year)
B. The Gem Community Newsletter
a. Monthly (City Pages; 10 issues per year)
C. The Visitor's Center
a. Ongoing (Throughout fiscal year)
D. Annual Financial Review & Full Audit
a. Non -Audit Years / Every Three Years
The La Quinta Chamber of Commerce shall provide the City with three (3) written
reports and present to City Council on its activities as required by this Agreement.
First Report - October 2015
Second Report - January 2016
Third Report - April 2016
Last revised April 2015 EXHIBIT C
Page 1 of 1
Exhibit D
Special Requirements
►WA -
Last revised April 2015 EXHIBIT D
Page 1 of 1
Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of this
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)
Workers' 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 Consultant's
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
"automobile" 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 primary for losses
arising out of Consultant's performance hereunder and neither City nor its insurers
shall be required to contribute to such loss.
Last revised April 2015 EXHIBIT E
Page 1 of 5
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 "Covered Professional Services" 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 "pay on behalf of" the insured and must include a
provision establishing the insurer's 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 employer's 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 Consultant's 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
property resulting from Consultant's or its subcontractors' performance of work under
this Agreement.
Last revised April 2015 EXHIBIT E
Page 2 of 5
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 Consultant's 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 "third party action over" 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 City's protection without
City's 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 Consultant's 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 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.
Last revised April 2015 EXHIBIT E
Page 3 of 5
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 Consultant's 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.
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.
Last revised April 2015 EXHIBIT E
Page 4 of 5
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 Consultant's 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 workers' 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 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.
Last revised April 2015 EXHIBIT E
Page 5 of 5
Exhibit F
Indemnification
F.1 General Indemnification Provision.
a. Indemnification for Professional Liability. When the law establishes a
professional standard of care for Consultant's 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
("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, attorneys' 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.
b. Indemnification for Other Than Professional Liability. Other than in
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, incidental and consequential damages,
court costs, attorneys' fees, litigation expenses, and fees of expert consultants or
expert witnesses) incurred in connection therewith and costs of investigation, where
the same arise out of, are a consequence of, or are in any way attributable to, in whole
or in part, 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 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
Last revised April 2015 EXHIBIT F
Page 1 of 2
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 City's 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.
Last revised April 2015 EXHIBIT F
Page 2 of 2
�a
C OF
CITY / SAS HAS FA MEETING DATE: June 16, 2015 AGENDA CATEGORY:
ITEM TITLE: APPROVE AMENDMENT NO. 1 TO BUSINESS SESSION:
PROFESSIONAL SERVICES AGREEMENT WITH JNS MEDIA
SPECIALISTS FOR FISCAL YEAR 2015/2016 PRINT AND CONSENT CALENDAR: 5
MEDIA MARKETING SERVICES
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Approve Amendment No. 1 to the Professional Services Agreement with JNS Media
Specialists for Fiscal Year 2015/2016 print and media marketing services in the
amount of $112,770.
EXECUTIVE SUMMARY:
• JNS Media Specialists (JNS) provide print and media marketing services.
• The Professional Services Agreement (PSA), which expires June 30, 2015,
provides a one-year term with the option to extend for two years.
• The current PSA is in the amount of $110,000; the amendment will increase
that to $112,700 to address a shift in targeted markets.
FISCAL IMPACT:
Funding is available in the 2015/16 General Fund Economic Development and
Marketing Account.
BACKGROUND/ANALYSIS:
On June 17, 2014, City Council approved a PSA with JNS for a one-year term, with the
option to extend for two additional one-year terms, for print and media marketing
services. The services included:
• Local and regional television ads and live radio mentions
• Regional print ads in:
o Los Angeles
o San Diego
o Orange County
o Inland Empire
• Local print ads in:
o The Desert Sun
o Travel Host
o Palm Springs Life
• Airport Display ad
Based on their expert analysis and available metrics, strategies have shifted for the
2015/2016 Fiscal Year as reported during the June 3, 2015 marketing strategies study
session. Some of the new strategies include:
• Locale Magazine
• Guide to La Quinta
• "Selfie" Spots
• El Dorado Polo program
• CV Weekly
• Desert Health News
If approved, Amendment No. 1 will extend the contract for one year with an increased
cost of $2,770, to address the shift in target markets.
The Council has increased the 2015/16 marketing budget. Staff is preparing options
for future Council consideration and if the Council elects to undertake additional
marketing activities that require additional services, staff will bring an amendment to
this contract for these services.
ALTERNATIVES:
Council may direct staff to prepare new bid documents for print and media marketing
services; however, JNS has provided excellent service and has a proven track record.
Report prepared by: Tustin K. Larson, Marketing & Events Supervisor
Report approved for submission by: Edie Hylton, Deputy City Manager
Attachment: 1. Amendment No. 1
ATTACHMENT 1
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
FOR PRINT AND MEDIA MARKETING SERVICES
THIS AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT FOR
PRINT AND MEDIA MARKETING SERVICES ("Amendment No. 1") is made and entered
into as of the first day of July, 2015 ("Effective Date"), by and between the CITY OF LA
QUINTA ("City"), a California municipal corporation, and JNS MEDIA SPECIALISTS
("JNS" or "Consultant").
RECITALS
A. On or about July 1, 2014 the City and Consultant entered into that certain
Professional Services Agreement for Print and Media Marketing Services
("Agreement"). The term of the original agreement expires June 30, 2015.
B. Pursuant to Section 3.4, Term of the original Agreement, the City may extend
the term of the agreement upon mutual agreement by both parties.
C. City and Consultant now wish to amend the Agreement to modify Section 2.1,
Contract Sum, Exhibit A, and Exhibit B, to address a shift in target markets as
identified during the June 2, 2015 City Council marketing strategies study session.
AMENDMENT
In consideration of the foregoing Recitals and the covenants and promises hereinafter
contained, and for good and valuable consideration, the sufficiency and receipt of
which are hereby acknowledged, the parties hereto agree as follows:
1. SECTION 2.1 OF THE AGREEMENT IS STRUCK IN ITS ENTIRETY AND AMENDED
TO READ:
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule
of Compensation") in a total amount not to exceed One Hundred Twelve
Thousand Seven Hundred Seventy Dollars ($112,770) (the "Contract Sum"),
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. 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, Consultant's overall
compensation shall not exceed the Contract Sum, except as provided in Section
1.6 of this Agreement, "Additional Services."
2. SECTION 3.4, TERM, IS HEREBY AMENDED TO COMMENCE ON JULY 1, 2015
AND TERMINATE JUNE 30, 2016.
3. EXHIBIT A OF THE AGREEMENT IS STRUCK IN ITS ENTIRETY AND AMENDED TO
READ:
Exhibit A
Scope of Services
Marketing Budget/Plan
Consultant will develop a budget that includes a strategic media plan that will
support local businesses and improve tourism to La Quinta. The plan will
contain specific information on research, demographics, and how Consultant
will plan, coordinate, oversee, and manage all print and electronic
advertising/marketing efforts including, but not limited to media placement,
recommendations, optimizations, reporting, and verifying insertion of approved
media advertising. Marketing plan will include but not limited to Print,
Television, Radio, etc. A portion of the marketing plan will be to support
Shoulder Season Events, CVB Co-op opportunities, local co-op opportunities,
local and regional messaging.
Print and Electronic
Consultant will research print media, television, and radio media to best reach
predetermined target audience. Print Media will include regional publications
such as Locale Magazine and local publications such as: The Desert Sun, Travel
Host Magazine, Palm Springs Life, etc. Consultant will also develop an airport
display in a high -traffic area to capture fly market tourists.
Television will include: Time Warner Cable on such Networks for Women 35+ as
Bravo, Lifetime, WE, A & E, Food, E, HGTV, Oxygen, Own, ABC Family. Networks
for Men 35+ include: FOX News, CNN, MSNBC, ESPN, FOX Sports, AMC, FX,
history, TNT, TBS. To reach the Millennial target group networks such as MTV,
Animal Planet, Discovery, ESPN, FOX Sports, Spike, Game Show Network, Music
Choice, Nick at Nite, SYFI).
Radio will include CBS Radio in regional drive market and local market. This
plan will include free "live mentions" talking about the many experiences
tourists and Valley residents will receive by visiting the "Gem of the Desert," La
Quinta. They will also promote events through these live mentions.
Building the Audience
The goals of this campaign are as follows:
1) Coordinate with Graphtek Interactive to maintain the City's messaging.
2) Create awareness
3) Inspire consumers to make a trip to La Quinta
4) Engage target markets with
amenities of the community.
a) Outdoor Adventure
b) Health and Wellness
c) Arts and Culture
d) Events
imagery and messaging that promote the
Creative
Consultant will develop imagery and messaging (creative) for each strategy.
Creative will be designed to showcase the wide array of activities and
experiences for residents and tourists. Creative will include the development of
a new "Guide to La Quinta" promoting upcoming "Signature Events," Local
Events, Restaurants, Places of interest, Shopping, and other programs.
Consultant will produce and distribute this brochure to hotels, visitor centers, et
at., around the Coachella Valley.
Monitoring and Reporting
Consultant will implement a monitoring system and will provide a monthly,
quarterly, and annual report showing the effectiveness of campaigns.
4. EXHIBIT B OF THE AGREEMENT IS STRUCK IN ITS ENTIRETY AND AMENDED TO
READ:
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in
Section 2.2 of this Agreement, the maximum total compensation to be paid to
Consultant under this Agreement is not to exceed One Hundred Twelve
Thousand Seven Hundred Seventy Dollars ($112,770) ("Contract Sum"). The
Contract Sum shall be paid to Consultant in installment payments made on a
monthly basis and in an amount identified in Consultants Schedule of
Compensation attached hereto for the work tasks performed and properly
invoiced by Consultant in conformance with Section 2.2 of the Agreement.
5. DEFINED TERMS. Except as defined in this Amendment No. 1, all capitalized
words and phrases shall have the same meaning ascribed to them in the
Agreement.
6. REMAINING TERMS AND CONDITIONS. Except as specifically amended by this
Amendment No. 1, all terms and conditions in the Agreement shall remain in
full force and effect.
[signatures on next page]
IN WITNESS WHEREOF, the City and JNS have executed this Amendment No. 1 to the
Professional Services Agreement for Print and Media Marketing Services on the
respective dates set forth below.
CITY: CITY OF LA QUINTA a California municipal corporation
Frank J. Spevacek, City Manager
ATTEST:
Susan Maysels, City Clerk
APPROVED AS TO FORM:
William H. Ihrke, City Attorney
CONSULTANT: JNS Media Specialists
By
Name
Title
JNS Media Specialists
78100 Main Street, Suite 201
La Quinta, CA 92253
Dated
Dated
�a
C OF
CITY / SAS HAS FA MEETING DATE: June 16, 2015 AGENDA CATEGORY:
ITEM TITLE: APPROVE AMENDMENT NO. 1 TO BUSINESS SESSION:
PROFESSIONAL SERVICES AGREEMENT WITH GRAPHTEK
INTERACTIVE FOR FISCAL YEAR 2015/2016 DIGITAL CONSENT CALENDAR: 6
MARKETING SERVICES
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Approve Amendment No. 1 to the Professional Services Agreement with Graphtek
Interactive for Fiscal Year 2015/2016 digital marketing services in the amount of
$138,200.
EXECUTIVE SUMMARY:
• Graphtek Interactive (Graphtek) provides digital marketing services.
• The Professional Services Agreement (PSA), which expires June 30, 2015,
provides a one-year term with the option to extend for two years.
• The current PSA is in the amount of $120,000; the amendment will increase
that to $138,200 to address a shift in targeted markets.
FISCAL IMPACT:
Funding is in the Economic Development/Marketing account of the 2015/16 Operating
Budget.
BACKGROUND/ANALYSIS:
On June 3, 2014, City Council approved a PSA with Graphtek for a one-year term, with
the option to extend for two additional one-year terms, for digital marketing. The
services provided include:
• PlayInLaQuinta.com website updates and improvements
o Vacation rental directory
o Add interactive maps
o Increased search engine optimization
• Travel website banner ads
• Social media engagement
o Facebook
o Twitter
o Pinterest
o Instagram
o Google+
Based on their expert analysis and available metrics, the strategies have shifted for
the 2015/2016 fiscal year as reported during the June 3, 2015 marketing strategies
study session. Some of the new strategies include:
• Updates to PlayInLaQuinta.com
o Additional interactive content
o Updated photo and video gallery
• Updated "Point -of -view" imagery
• Online Guide to La Quinta
• "Selfie" Spots
• Vacation rental interactive map
If approved, Amendment No. 1 will extend the agreement for one year with an
increased cost of $18,200, to address the shift in target markets.
The Council has increased the 2015/16 marketing budget. Staff is preparing options
for future Council consideration and if the Council elects to undertake additional
marketing activities that require additional services, staff will bring an amendment to
this contract for these services.
ALTERNATIVES:
Council may direct staff to prepare new bid documents for digital marketing services;
however, Graphtek has provided excellent service and has a proven track record.
Report prepared by: Tustin K. Larson, Marketing & Events Supervisor
Report approved for submission by: Edie Hylton, Deputy City Manager
Attachment: 1. Amendment No. 1
ATTACHMENT 1
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
FOR DIGITAL MARKETING SERVICES
THIS AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT FOR
DIGITAL MARKETING SERVICES ("Amendment No. 1") is made and entered into as of
the first day of July, 2015 ("Effective Date"), by and between the CITY OF LA QUINTA
("City"), a California municipal corporation, and GRAPHTEK INTERACTIVE ("GRAPHTEK"
or "Consultant").
RECITALS
A. On or about July 1, 2014 the City and Consultant entered into that certain
Professional Services Agreement for Digital Marketing Services ("Agreement"). The
term of the original agreement expires June 30, 2015.
B. Pursuant to Section 3.4, Term of the original Agreement, the City may extend
the term of the agreement upon mutual agreement by both parties.
C. City and Consultant now wish to amend the Agreement to modify Section 2.1,
Contract Sum, Section 3.4, Term, Section 4.1, Representative of Consultant, Exhibit A,
and Exhibit B, to address a shift in target markets as identified during the June 2, 2015
City Council marketing strategies study session.
AMENDMENT
In consideration of the foregoing Recitals and the covenants and promises hereinafter
contained, and for good and valuable consideration, the sufficiency and receipt of
which are hereby acknowledged, the parties hereto agree as follows:
1. SECTION 2.1, CONTRACT SUM, OF THE AGREEMENT IS STRUCK IN ITS
ENTIRETY AND AMENDED TO READ:
2.1 Contract Sum. For the services rendered pursuant to this
Agreement, Consultant shall be compensated in accordance with Exhibit "B"
(the "Schedule of Compensation") in a total amount not to exceed One
Hundred Thirty Eight Thousand Two Hundred Dollars ($138,200) (the "Contract
Sum"), 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. 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,
Consultant's overall compensation shall not exceed the Contract Sum, except
as provided in Section 1.6 of this Agreement, "Additional Services."
2. SECTION 3.4, TERM, IS HEREBY AMENDED TO COMMENCE ON JULY 1, 2015
AND TERMINATE JUNE 30, 2016.
3. SECTION 4.1.A, REPRESENTATIVE OF CONSULTANT IS HEREBY AMENDED TO
REMOVE KATE SPATES, PRESIDENT AND REPLACE WITH MIKE CHELEY,
CEO/CREATIVE DIRECTOR, MCHELEY@GRAPHTEK.COM.
4. EXHIBIT A OF THE AGREEMENT IS STRUCK IN ITS ENTIRETY AND AMENDED TO
READ:
Exhibit A
Scope of Services
Digital Marketing Budget/Plan
Consultant will develop a budget that includes a strategic digital media plan,
website management, updates and account management established by the
City. The plan will contain specific information on how the Consultant will plan,
coordinate, and oversee all online advertising/marketing efforts including, but
not limited to, media placement, recommendations, optimizations, reporting,
verifying insertion of approved online advertising, and otherwise verify proper
execution of digital advertising campaign.
Playinlaquinta.com website
• Create interactive vacation rental map that will only list available
properties that are registered for TOT with the City of La Quinta
• Create additional interactive content
• Update image and video galleries with more content
• Monthly content updates including calendar, local attractions, local
business specials
• Search Engine Optimization
• Social Integration - add live feeds from social channels
Travel website ad campaign
Consultant has identified a portion of the budget to be used for an advertising
campaign with travel resources websites such as Travelocity, Expedia,
TripAdvisor, Visit California, Sunset Magazine, Orbitz and other well -visited local
sites. Consultant will advise on ad placements and provide an annual
campaign timeline and create vibrant, colorful, attractive web ads that get
results.
Social Media Management
Consultant will be responsible to maintain the operation of the City's Facebook
page, Twitter, Instagram, Pinterest, and Google+ social media networks.
Consultant will provide:
• Content creation
o Consultant will create a monthly communication schedule to be
approved prior to scheduling which would include regular posts
promoting local events, attractions, businesses, community
outreach.
o Consultant will monitor and reschedule on an as needed basis.
• Build Audience
o Consultant will use HootSuite (or similar software) to schedule
posts using proper hashtags and mentions for greater
engagement and increase new likes and follows.
o Monitor analytics for social media ads to ensure results.
o Facebook advertising to increase likes to increase likes and
advertise new website launch. Goal to increase to 60,000 likes.
o Twitter advertising: paid advertisements announcing special
event/promotion/new website and seeds to jumpstart followers.
o Increase Instagram followers by 20%.
• Increase Engagement
o Consultant will monitor the conversations and informally engage
with fans.
o Consultant will create unique, attractive graphic images for use on
social media networks.
Monitor and Reporting
Consultant will implement a monthly, quarterly, and annual monitoring and
reporting system to assess the effectiveness of the various marketing methods.
5. EXHIBIT B OF THE AGREEMENT IS STRUCK IN ITS ENTIRETY AND AMENDED TO
READ:
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in
Section 2.2 of this Agreement, the maximum total compensation to be paid to
Consultant under this Agreement is One Hundred Thirty Eight Thousand Two
Hundred Dollars ($138,200) ("Contract Sum"). The Contract Sum shall be paid
to Consultant in installment payments made on a monthly basis and in an
amount identified in Consultants Schedule of Compensation attached hereto
for the work tasks performed and properly invoiced by Consultant in
conformance with Section 2.2 of the Agreement.
6. DEFINED TERMS. Except as defined in this Amendment No. 1, all capitalized
words and phrases shall have the same meaning ascribed to them in the
Agreement.
7. REMAINING TERMS AND CONDITIONS. Except as specifically amended by this
Amendment No. 1, all terms and conditions in the Agreement shall remain in
full force and effect.
IN WITNESS WHEREOF, the City and Graphtek have executed this Amendment No. 1
to the Professional Services Agreement for Digital Marketing Services on the respective
dates set forth below.
CITY: CITY OF LA QUINTA a California municipal corporation
Frank J. Spevacek, City Manager Dated
le1111�119
Susan Maysels, City Clerk
le1».91160a1Lv,Ilei ; 1i7:781
William H. Ihrke, City Attorney
CONSULTANT: JNS Media Specialists
Dated
Name
Title
Graphtek Interactive
72185 Painters Path, Suite B
Palm Desert, CA 92260
F
CITY / SA/ HA/ FA MEETING DATE: June 16, 2015 AGENDA CATEGORY:
ITEM TITLE: APPROVE A CONTRACT SERVICES BUSINESS SESSION:
AGREEMENT WITH GOLDEN TOUCH CLEANING FOR
2015/2016 JANITORIAL SERVICES CONSENT CALENDAR: 7
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Approve a Contract Services Agreement in the amount of $102,220 with Golden Touch
Cleaning for 2015/2016 Janitorial Services.
EXECUTIVE SUMMARY:
The City contracts janitorial maintenance services for City facilities.
• Instead of extending the current contract for one year, the City elected to solicit
bids. Golden Touch Cleaning was the lowest responsive bidder.
• Upon City Council approval, services will begin July 1, 2015. The contract
(Attachment 1) provides a one-year term with the option to extend four
additional years.
FISCAL IMPACT:
The contract has two funding sources: the General Fund at $72,820 and The Library
Fund at $29,400. Janitorial services are not subject to the State of California's new
prevailing wage requirements, but it is subject to the State's new minimum wage
requirement.
BACKGROUND/ANALYSIS:
On May 5, 2015, the City Council elected to not approve a one-year extension to the
existing janitorial services contract. The City contracts for janitorial services to
maintain the following facilities: City Hall, Library, Wellness Center, Museum, Public
Works maintenance trailer, Fritz Burns pool office and restrooms (summer only), and
three sports parks, snack bars and restrooms.
A request for proposals and revised Contract Services Agreement was posted on the
City's Website on May 14, 2015. A pre -proposal walk-through meeting was held on
May 22, 2015. Twelve janitorial businesses attended the meeting, two of which were
Valley -based companies.
The proposals were received on June 5, 2015. Eight proposals were submitted and
reviewed by the selection committee comprised of three staff members. Golden
Touch Cleaning, located in Tustin, CA, was the lowest responsive bidder with a bid
amount of $102,220 annually. This bid is $24,516 less than the current janitorial
services contract. One local janitorial company submitted a proposal.
ALTERNATIVES:
City Council may reject the proposals and direct staff to re -advertise the request for
proposals; however, due to the number of qualified bids received and the bid from
Golden Touch Cleaning being lower than the current contract, staff does not
recommend this alternative.
Report prepared by: Steve Howlett, Golf, Parks, & Facilities Manager
Report approved for submission by: Edie Hylton, Deputy City Manager
Attachment: 1. Contract Services Agreement
ATTACHMENT I
CONTRACT SERVICES AGREEMENT
THIS CONTRACT SERVICES AGREEMENT (the "Agreement") ismade and entered
into by and between the CITY OF LA QU|hJTA, a California municipal corporation ("City"),
ond GOLDEN TOUCH CLEANING, ��a|�mmniajanitorial mervioes contractor ("Contractor").
RECITALS
WHEREAS, City desires to utilize the services of Contractor as an independent
contractor to provide City with janitorial services at City owned facilities.
A. Contractor represents that it is fully qualified to perform such men/ices by
virtue of its experience and the training, education and expertise of its principals and
employees.
B. City desires to retain Contractor, and Contractor desires toserve City to
perform these services subject tothe terms contained herein and all applicable local, state,
and federal laws and regulations.
NOW, THEREFORE, based on the foregoing Raoito|m and in consideration of the
performance by the parties of the mutual promises, covenants, and conditions contained
herein, the parties agree as follows:
1.1 Services.Sc e of |ncompliance with all terms and conditions ofthis Aorm�Vlent,
Contractor shall provide those services related to janitorial services as specified in the
"Scope of Services" attached hereto as Exhibit "A^ and incorporated herein by this
reference (the "Services"). Contractor represents and warrants that Contractor is m
provider of first-class work and morvio*m and Contractor is experienced in performing the
Services contemplated herein and, in light of such status and experience, Contractor
covenants that i1shall follow the highest professional standards in performing the Services
required hereunder and that all materials will be of good quality, fit for the purpose
intended. For purposes of this Agreement, the phrase "highest professional standards"
ohoU mean those standards of practice recognized by one or more first-class firms
performing mirni|mr services under mirni|or circumstances.
1.2 Compliance with Law. All Services rendered hereunder shall be provided in
accordance with all ordinances, nomm|ubono' statutes, rules, regulations, and laws ofCity
and any Federal, State, mrlocal governmental agency mfcompetent jurisdiction. Contractor
is avvono of the requirements of California Labor Coda Sections 1720, atoeq, and 1770,
a/ se4., as well as California Code of Regulations, Title 8, Sections 1600, a/ seq.,
(collectively, the "Prevailing Wage Laws"), which require the payment of prevailing wage
rates and the performance of other requirements on "Public works" and "Maintenance"
projects. If the Services are being performed as port of an applicable "Public works" or
"Maintenance" project, as defined by the Prevailing VVego Laws, and if the total
compensation is ONE THOUSAND DOLLARS ($1,000) or more, Contractor agrees tofully
comply with such Prevailing Wage Laws including, but not limited to, requirements related
to the maintenance of payroll records and the annp|mynnmnt of apprentices. Pursuant to
California Labor Code Section 1725.5, no contractor orsubcontractor may be awarded a
contract for public work on o "Public works" project un|mmm registered with the California
Department of Industrial Relations ("D|R") at the time the contract is awarded. If the
Services are being performed as part of an applicable "Public works" or "Maintenance"
Last Revised April 2015 -1-
project, as defined by the Prevailing Wage Laws, this project is subject to compliance
monitoring and enforcement by the l]|R. Contractor will maintain and will require all
subcontractors to maintain valid and current C)|R Public Works Contractor registration
during the term of this Agreement. Contractor shall notify City in writing immediately, and
in no came more than twenty-four (24)houra, after receiving any information that
Contractor's or any of its subcontractor's O|R registration status has been suspended,
revoked, expired, or otherwise changed. It is understood that it is the responsibility of
Contractor to determine the correct salary 000\e. Contractor shall make oupiom of the
prevailing rates of per them vvugos for each craft, classification, or type of worker needed
to execute the Services available to interested parties upon request, and shall post copies
at Contractor's principal place of business and at the project site, if any. The statutory
penalties for failure to pay prevailing wage or to comply with State wage and hour |evve
will be enforced. Contractor must forfeit to City TWENTY FIVE DOLLARS ($25.00) per
day for each worker who works in excess of the nninirnurn working hours when Contractor
does not pay overtime. |naccordance with the provisions ofLabor Code Sections 1810et
seq., eight (0) hours is the legal working day. Contractor also shall cmrn9|y with State |avv
requirements to maintain payroll records and shall provide for certified records and
inspection mfrecords oarequired by California Labor Code Section 1770 et seq., including
Section 1776. Contractor shall defend (with counsel selected by City), indemnify, and
hold City' its elected officials, officers, employees, and agents free and horrn|enm from any
o|airn or liability arising out of any failure or alleged failure to comply with the Prevailing
Wage Laws. It is agreed by the parties that, in connection with performance of the
Services, including, without limitation, any and all "Public vvnrka^ (ma defined by the
Prevailing Wage Laws), Contractor shall bear all risks of payment or non-payment of
prevailing wages under California |avv and/or the implementation of Labor Code
Section 1781, as the same may be amended from time totime, and/or any other uirni|er
|mvv. Contractor acknowledges and agrees that it shall be independently responsible for
reviewing the applicable laws and regulations and effectuating compliance with such |avve.
Contractor shall require the surno of all subcontractors.
1.3 U as otherwise specified hmrein.
Contractor shall obtain atits sole cost and expense such licenses, permits, and approvals
as may be required by law for the performance mfthe Services required bythis Agreement,
including a City of La [1uinta business license. Contractor and its employees, agents, and
subcontractors shall, ottheir sole cost and expense, keep in effect at all times during the
term of this A0raamnan1 any licenses, permits, and approvals that are legally required for
the performance of the Services required by this Agreement. Contractor mhoU have the
sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and
interest, which may be imposed by |avv and arise from or are necessary for the
performance ofthe 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 herrn|eom against any such fees, assessments, tanmm' penalties, or interest
levied, omoeaaod, or imposed against City hereunder. Contractor shall be responsible for all
subcontractors' compliance with this Section.
1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that (a)h
has thoroughly investigated and considered the Services to be pmrhonnmd' (b)b has
investigated the site where the Services are to be performed and fully acquainted itself
with the conditions there existing, (o)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 /\Qrmmrnmnt. Should Contractor discover
Last Revised April 2015 -2-
any latent orunknown conditions materially differing from those inherent inthe Services or
as represented by City, Contractor shall immediately inform City ofsuch fact and oho|| not
proceed except at Contractor's risk until written instructions are received from the
Contract Officer (as defined in Section 4.2 hereof),
1.5 Standard . Contractor acknowledges and understands that the 8mrviomo
contracted for under this Agreement require specialized skills and abilities and that,
consistent with this understanding, Contractor's work will be held to o heightened
standard of quality and workmanship. Consistent with Section 1.4 hareinabpve,
Contractor represents to City that it holds the necessary oki||o and abilities to satisfy the
heightened standard of work as set forth in this /\8rmannen1. Contractor shall adopt
reasonable methods during the life of this Agreement to furnish continuous protection to
the Services performed by Contractor, and the equipment, materials, papers, and other
components thereof to prevent losses or damages, and shall be responsible for all such
darna8mm' to persons or property, until acceptance of the Services by City, except such
|wsmem or donnaQom as may be caused by City'e own negligence. The performance of
Services by Contractor ahoU not relieve Contractor from any obligation to correct any
incomplete, inaccurate, or defective work at no further cost to City, when such
inaccuracies are due tothe negligence ofContractor.
1.6 Additional Services. In accordance with the terms and conditions of this
AQmuennmnt' Contractor nhoU perform work in addition to those specified in the Scope of
Services ("Additional Services") only when directed to do so by the Contract Officer,
provided that Contractor shall not be required to perform any Additional Services without
compensation. No such Additional Services may be undertaken unless a written ohonQm
order is first given by the Contract Officer to Contractor, 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 Contractor, It is expressly
understood by Contractor that the provisions of this Section shall not apply Lothe Services
specifically set forth in the Scope of Services or reasonably contemplated therein. It is
specifically understood and agreed that mna| requests and/or approvals of Additional
Services mhmU be barred and are unenforceable. Failure of Contractor to secure the
Contract Officer's written authorization for Additional Services shall constitute o waiver of
any and all right to adjustment of the Contract Sum or time to perform this Agreement,
whether by way of compensation, restitution, quantum nneruit, or the like, for Additional
Services provided without the appropriate authorization from the Contract Officer.
Compensation for properly authorized Additional Services shall bamade in accordance with
Section 2.3 ofthis Agreement.
1.7 Additional terms and conditions of this Agreement, if any,
are set forth in Exhibit "O" (the "Special Requirements"), which is incorporated herein by
this nafmnanoe and expressly made e part hereof. In the event of m 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
2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contractor
shall be compensated in accordance with Exhibit °B° (the "Schedule of Compensation") in
atota| amount not to exceed ONE HUNDRED TWO THOUSAND, TWO HUNDRED TWENTY
dollars ($102,220.00) (the "Contract Sum"), except as provided in Section 1.6. The
Last Revised April 2O15 -3-
method of compensation set forth in the Schedule of Compensation may include a lump
sum payment upon completion, payment in accordance with the percentage mfcompletion
of the Services, payment for time and materials boned upon Contractor's rate schedule, but
not exceeding the Contract Sum, or such other reasonable methods usmay bespecified in
the Schedule of Compensation. The Contract Sum shall include the attendance of
Contractor at all project meetings reasonably deemed necessary by City; Contractor shall
not beentitled to any additional compensation for attending said meetings. Compensation
mhoU include reimbursement for actual and necessary expenditures for reproduction costs,
transportation expense, telephone expense, and similar costs and expenses only when and
if specified in the Schedule of Compensation. Regardless of the method of compensation
set forth in the Schedule of Compensation, Contractor's overall compensation shall not
exceed the Contract Sum, except as provided in Section 1.6 of this Agreement.
2.2 Method of Paymqnt. Any month in which Contractor wishes to receive payment,
Contractor ohoU submit to City no later than the tenth (1Oth) business day of such nmonth,
in the form approved by City'm 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 e
certification by a principal member of Contractor specifying that the payment requested is
for Services performed in accordance with the terms of this Agreement. Upon approval in
writing by the Contract Officer and subject to the retention amount pursuant to
Section 2.4' payment shall be made to Contractor from City within thirty (30) days.
2.3 Compensation for Additional Services., Additional Services approved in advance by
the Contract Officer pursuant to Section 1.8 of this Agreement shall be paid for in an
'amount agreed to in writing by both City and Contractor in advance of the Additional
Services being rendered by Contractor. Any compensation for Additional Services
amounting to five pan:ent(5Y6) or less of the Contract Sum may be approved by the
Contract Officer. Any greater amount of compensation for Additional Services must be
approved bvthe La QuintmCity Council. Under nmcircumstances shall Contractor receive
compensation for any Additional Services unless prior written approval for the Additional
Services in obtained from the Contract Officer pursuant to Section 1.6 of this Agreement.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. 7-irne is ofthe essence in the performance ofthis Agreement. If
the work in not completed in accordance with the Schedule of Performance, amset forth in
Section 3.2 and Exhibit C, it is understood that City will suffer damage.
3.2 Schedule of Performance. All Services rendered pursuant to this /\mremrnmnt shall
be performed diligently and within the time period established in Exhibit "C° (the "Schedule
of Performance"). Extensions tmthe time period specified in the Schedule of Performance
may beapproved in writing by the Contract Officer.
3.3 Force., The time period specified in the Schedule of Performance for
performance of the Services rendered pursuant to this /\oxyernent eheU be extended
because of any delays due to unforeseeable causes beyond the control and without the
fault or negligence of Contractor, including, but not restricted to, acts of God or of the
public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, o1hkme'
freight embargoes, acts of any governmental agency other than City' and unusually severe
Last Revised April 2015 -4-
weather, if Contractor shall within ten(10) days of the commencement of such delay
notify the Contract Officer in writing of the causes ofthe 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 tmthis Agreement.
3.4 Term. Unless earlier terminated in accordance with Sections 8.8 or 8.9 of this
/\gnmernont' this Agreement shall commence onJuly 1^ 2015 and terminate on June 30,
2016 ("Initial Tmrrn^). This agreement may be extended for four (4) additional one-year
terms upon mutual agreement by both parties ("Extended Term").
4.1 . The following principals of Contractor ("principals")
are hereby designated as being the principals and representatives ofContractor authorized
to act in its behalf with respect to the Services specified herein and make all decisions in
connection therewith:
o- Debi TanmbeUini, President
E-mail: go|dentoucho|maninQinoGBQrnaiioorn
b. Luis K4 'ia' General Manager
E-mail: gm|dentouchc|ooninginc@gnoai|.omnn
It is expressly understood that the experience, knowledge, oapobi|bv' and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing Principals ohoU be responsible during the term of this Agreement
for directing all activities of Contractor and devoting sufficient time tm personally supervise
the Services hereunder. For purposes of this Agreement, the Principals may not be
replaced nor may their responsibilities be substantially reduced by Contractor without the
express written approval mfCity.
4.2 Contract Officer. The ~Contract Officer" shall be Tmmma Stoianovixi, Maintenance
Coordinator, or such other person as may be designated in writing by the City Manager of
City. It shall be Contractor's responsibility to assure that the Contract Officer is kept
informed of the progress ofthe performance ofthe Services, and Contractor shall refer any
decisions which must be made by City tmthe 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 tn sign all documents on behalf of City
required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Aqainst Subcontracting Rr Assignment. The mapehmloa, knowledge,
capability, and reputation of Contractor, its principals, and employees were a substantial
inducement for City to enter into this Agreement. Except as set forth in this Agreement,
Contractor shall not subcontract with any other entity to perform in vvhw|e 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 |uvv, without the prior written
approval of City. Transfers restricted hereunder shall include the transfer to any person or
group of persons acting in concert of more than twenty five percont(2596) of the present
ownership and/or control of Contractor, taking all transfers into account on a cumulative
Last Revised April 2015 -5-
basis. Any attempted or purported assignment or subcontracting by Contractor without
City'oexpress written approval shall benull, void, and ofnmeffect. Noapproved transfer
shall release Contractor of any liability hereunder without the express consent of City.
4.4 Independent Contractor. Neither City nor any of its employees shall have any
control over the manner, nnndm' or means by which Contractor, its agents, or 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 Contractor's employees,
servants, representatives, or agents, or in fixing their number or hours of service.
Contractor shall perform all Services required herein as an independent contractor of City
and ahoU remain at all times as to City a wholly independent contractor with only such
obligations as are consistent with that role. Contractor mheU 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 he a partner of
Contractor in its business or otherwise or a joint venturer or o member of any joint
enterprise with Contractor. Contractor shall have no power to incur any debt, obligation,
orliability mn behalf of City. Contractor shall not atany time orin 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 Contractor as provided in this Agreement, City shall not pay salaries,
vvogee' or other compensation to Contractor for performing the Services hereunder for
City. City shall not be liable for compensation or indemnification to Contractor for injury or
sickness arising out ofperforming the Services hereunder. Notwithstanding any other City,
state, or federal policy, rule, regulation, |uvv, or ordinance to the contrary, Contractor and
any of its ernp|oyomo' agents, and subcontractors providing aorvioao 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
Ernp|myoea Retirement SyaLnrn (^PERS") 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. Contractor agrees to pay all required taxes on amounts paid to
Contractor under this Agreement, and to indemnify and hold City harrn|aam from any and all
taxes' assessments, penalties, and interest asserted against City by reason of the
independent contractor relationship created by this Agreement. Contractor ohmU fully
comply with the workers' compensation |ovvm regarding Contractor and Contractor's
employees. Contractor further agrees to indemnify and hold City harmless from any failure
of Contractor to comply with applicable workers' compensation |axvn. City shall have the
right to offset against the amount of any payment due to Contractor under this Agreement
any amount due tm City from Contractor as o rmou|1 of Contractor's failure io promptly pay
to City any reimbursement or indemnification arising under this Section.
4.5 Identitv of Persons Performing Work. Contractor represents that it employs orwill
employ at its own expense all personnel required for the satisfactory performance of any
and all of the Services met forth herein. Contractor represents that the Services required
herein will be performed by Contractor or under its direct supervision, and that all
personnel engaged in such work ehoU 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 Contractor with any plans, publications,
reports, statistics, records, or other data or information pertinent to Services to be
performed hereunder which are reasonably available to Contractor only from or through
motion by City.
4.7 Utilitv Relocation. Not Applicable
Last Revised April 2015 6-
4.8 Trenches or Excavations. Not Applicable
4.9 Safety. Contractor uhoU execute and maintain its work so as to avoid injury or
dorneQm to any person or property. In carrying out the Services, Contractor mhoU at all
bnnem be in compliance with all applicable |000|, state, and federal |avvm' rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate tmthe nature of the work and the conditions under which the work is to be
performed. Safety precautions on applicable shall include, but shall not be limited to:
(A)adequate life protection and lifesaving equipment and procedures; (B) instructions in
accident prevention for all ennp|oyaom and subcontractors, such as safe walkways,
scaffolds, fall protection ladders , confined space procedures, equipment and other safety
devices, equipment and wearing apparel as are necessary or |ovvfuUy required to prevent
accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance
ofall safety measures.
5.0 INSURANCE.
5.1 Insurance. Prior to the beginning of any Services under this Agreement and
throughout the duration of the tann of this Agreement, Contractor mheU procure and
maintain, at its sole cost and expense, and submit concurrently with its execution of this
Agreement, policies ofinsurance amset forth in Exhibit "E" (the "Insurance Requirements")
which is incorporated herein by this reference and expressly made o part hereof.
6.0 |yJOEK4N|F|CAT|Oh/.
6.1 Indemnification. Tothe fullest extent permitted by |mvv, Contractor shall indemnify,
protect, defend and hold harmless City and any and all of its officers, mrnp|oymma, agents,
and vm|untmmnm as set forth in Exhibit "F" ("Indemnification") which is incorporated herein
by this reference and expressly made m pert hereof.
7.0 RECORDS AND REPORTS.
7.1 Bqports. Contractor shall periodically prepare and submit to the Contract Officer
such reports concerning the performance of the Services as the Contract Officer ehoU
require. Contractor hereby acknowledges that City is greatly concerned about the cost of
the Services to be performed pursuant to this Agreement. For this reason, Contractor
agrees that if Contractor becomes ovvore of any facts, circumstances, techniques, or
events that may or will materially increase or decrease the cost of the Services
contemplated herein, Contractor shall promptly notify the Contract Officer of said fact,
circumstance, technique, or event and the estimated increased or decreased cost related
thereto.
7.2 Records. Contractor shall keep, and require subcontractors to keep, such ledgers
books mfaccounts, invoices, vouchers, canceled checks, reports (including but not limited
to payroll reports), studies, mrother documents relating to the disbursements charged to
City and the Services performed hereunder (the "Books and Records"), as mhmU 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 ohoU
be complete and detailed. The Contract Officer shall have full and free aocoee to such
Last Revised April 2015 -7-
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 Contractor's
business, custody of the Books and Records may be given to City, and access shall be
provided by Contractor's 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. Not Applicable
7.4 Licensing of Intellectual Pro ert .. Not Applicable
7.5 Release of Documents. Not Applicable
7.6 Confidentiality. Contractor covenants that all data, documents, discussion, or other
information, if any, developed or received by Contractor or provided for performance of
this Agreement are deemed confidential and shall not be disclosed by Contractor to any
person or entity without prior written authorization by City. City shall grant such
authorization if disclosure is required by law. All City data, documents, discussion, or
other information shall be returned to City upon the termination or expiration of this
Agreement. Contractor's covenant under this section shall survive the termination or
expiration of this Agreement.
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
Contractor covenants and agrees to submit to the personal jurisdiction of such court in the
event of such action.
8.2 Disputes. In the event of any dispute arising under this Agreement, the injured
party shall notify the injuring party in writing of its contentions by submitting a claim
therefore. The injured party shall continue performing its obligations hereunder so long as
the injuring party commences to cure such default within ten (10) days of service of such
notice and completes the cure of such default within forty-five (45) days after service of
the notice, or such longer period as may be permitted by the Contract Officer; provided
that if the default is an immediate danger to the health, safety, and general welfare, City
may take such immediate action as City deems warranted. Compliance with the provisions
of this Section shall be a condition precedent to termination of this Agreement for cause
and to any legal action, and such compliance shall not be a waiver of any party's right to
take legal action in the event that the dispute is not cured, provided that nothing herein
shall limit City's right to terminate this Agreement without cause pursuant to Section 8.8.
During the period of time that Contractor 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
Last Revised April 2015 -8-
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. Not Applicable
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 Contractor requiring City's consent or
approval shall not be deemed to waive or render unnecessary City's consent to or approval
of any subsequent act of Contractor. Any waiver by either party of any default must be in
writing and shall not be a waiver of any other default concerning the same or any other
provision of this Agreement.
8.5 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.
8.7 Li uidated Damages. Since the determination of actual damages for any delay in
performance of this Agreement would be extremely difficult or impractical to determine in
the event of a breach of this Agreement, Contractor shall not be charged Liquidated
Damages, but will be in default of this Agreement and therefore with the provisions of
Section 8.9, shall warrant termination.
8.8 Termination Prior to Ex iration of Term. This Section shall govern any 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 Contractor. Upon receipt of
any notice of termination, Contractor shall immediately cease all Services hereunder except
such as may be specifically approved by the Contract Officer. Contractor 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 Contractor. If termination is due to the failure of
Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City -
owned property which Contractor is permitted to occupy hereunder and 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 Contractor 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 Contractor for the purpose of
setoff or partial payment of the amounts owed City as previously stated in Section 8.3.
Last Revised April 2015 -9-
8.10 �
Fees.
If either Party tothis Agreement is required to initiate or defend or
made � Party to any action or proceeding in any way connected with this Agreement, the
prevailing Party in such action or proceeding, in addition toany other relief which may be
granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees;
provided, however, that the attorneys' fees awarded pursuant to this Section nhoU 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 ofthe litigation. Attorneys' fees shall
include attorneys' fees on any appeal, and in addition a Party entitled to attorneys' fees
uhoU be entitled to all other reasonable costs for investigating such action, taking
depositions and discovery, and all other necessary costs the court eUovvo which are
incurred in such litigation. All such fees shall be Umorned 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 inthe same action orin onoperate
action brought for that purpose.
9.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1 N No officer, official, employee, mQ8O1,
representative, or volunteer of City shall be personally liable to Contractor, or any
successor in interest in the event of any default or breach by City or for any amount
which may become due to Contractor ortP its suooeaomr' or for breach of any obligation of
the terms ofthis Agreement.
8.2 Conflict Contractor covenants that neither it, nor any officer or principal
of it, has o, shall acquire any interest, directly or indirectly, which would conflict in any
manner with the interests of City or which xvmu|d in any way hinder Contractor's
performance of the Services under this Agreement. Contractor further covenants that in
the performance ofthis Agreement, no person having any such interest shall be employed
by it as an officer, employee, agent, orsubcontractor without the express written consent
of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the
appearance of any conflicts of interest with the interests of City inthe performance mfthis
Agreement.
No officer or employee of City shall have any financial interest, direct or indirect, in this
Agreement nor shall any such officer mremployee participate in any decision relating tothis
/\gnamrnent 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. Contractor 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 Aqainst Discrimination, Contractor covenants that, by and for itself, its
heirs, executors, assigns, and all persons claiming under orthrough 1hmrn, that there shall
be no discrimination against orsegregation of, any person mrgroup 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. Contractor shall take affirmative action to insure that applicants are
employed and that employees are treated during employment without regard to their race,
color, creed, religion, sew, marital status, maxuo| orientation, national origin, or ancestry.
Last Revised April 2015 -10-
10.0 MISCELLANEOUS PROVISIONS
10.1 Notice. Any notice, demand, request, consent, approval, communication either
party desires mrio required to give the other party or any other person shall be in writing
and either served personally or sent by prepaid, first-class nnoi| to the address em1 forth
below. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated forty-eight (48) hours from the
time of mailing if mailed as provided in this Section.
To City:
CITY OFLAQU|NTA
Attention: Torna Stoianovioi,
Maintenance Coordinator
78-495 CaUe Tampico
La Quinta, CA 82253
~ To Contractor:
GOLDEN TOUCH CLEANING INC.
Attention Luis KU jia, General K8anm8or
13681 Newport Ave. Ste 8
Tustin, CA 92780
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 oragainst either Party by
reason of the authorship of this Agreement or any other rule of construction which might
otherwise apply.
10.3 . 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
eheU be deemed to be an original, and such counterparts shall constitute one and the same
10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire,
uornp|mtm' 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,
ogreannmnta' and understandings, if any, between the parties, and none ehmU 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 Contractor and by the City Council ofCity. 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 prmore ofthe articles, phnaomm' sentences,
clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or
unenforceable, such invalidity or unenfurceabi|ity shall not affect any of the remaining
articles, phrases, sentences, c|aummo' paragraphs, mrsections ofthis Agreement which are
hereby declared as severable and ohoU be interpreted to nmny out the intent of the parties
hereunder un|oma the invalid provision is so material that its invalidity deprives either party
of the basic benefit of their bargain or renders this Agreement meaningless.
10.8 Unfair . In entering into this Agreement, Contractor offers
and aSnoam to assign to City all rights, title, and interest in and to all causes of action it
may have under Section of the Clayton Act (15 U.S.C. § 15) or under the Cartwright
Act (Chapter 2' (commencing with Section 18700) of Part of Division 7 of the 8uainmau
and Professions Cudo)' arising from purchases of goods, services, or materials ny|utad to
this Agreement. This assignment shall be made and become effective at the time City
renders final payment to Contractor without further acknowledgment ofthe parties.
18.9 With the exception ofthe 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 ofeach 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 ufany
other Agreement to which said party is bound. This Agreement shall be binding upon the
heirs, executors, adminiatrators, mucoemuuno' and assigns ofthe parties.
IN WITNESS WHEREOF, the parties have executed this Agreement as ofthe dates
stated below.
CITY OFLAOU|NTA'
CONTRACTOR:
a California municipal corporation
�
8y�
FRANKJ. SPEVACEK' City Manager
Dated:
ATTEST;
By;
SUSAN K8AYSELS, City C|ark, La Quinta,
Name:
J�
California
Tde:
�
APPROVED AS TO FORM:
Two
signatures
are required if u
corporation.
VViUhem H. ihrke, City Attorney
NOTE: CONTRACTOR'S 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
CONTRACTOR'S BUSINESS ENTITY
Last Revised April 2015 -12-
EXHIBIT A
��c�oq_of Services
The proposed work includes providing regularly scheduled 'onboha| oarviome and
appropriate supplies to effectively and safely maintain a high level of o|aon|inaom for
specified City facilities in accordance with the best standards of practice. It mhoU be the
muuuosnfu| Contractor's responsibility to furnish at him/her own expense all tmo|a,
equipment, labor, fuel, labor, rnmtehm|a, supplies, supervision, and services necessary for
the satisfactory performance ofthe xvmrh set forth in these specifications.
The Contractor shall provide, at hie/her expense, all necessary green or green sealed
cleaning supplies and equipment as may be required to perform the janitorial tasks outlined
inthis specification such as: cleaning supplies, floor wax, furniture polish, custodial tools,
laundry nnateho|o, and high lift equipment. All such supplies and mnmtnhm|m shall be of the
highest quality, environmentally friendly, and green or green seal certified. The City
reoervma the right to review and approve all items which may be used in performance of
the contract work, Contractor shall provide a list mfall supplies tobaused. No additional
compensation shall be allowed for such items.
Contractor's price shall include rest room supplies to be supplied in sufficient quantities ao
to be continuously available in all nomtnoomns included in this contract. Quality mhoU not be
less than that generally available in afirst class American hotel and shall be subject tmthe
approval of the City's Contract Officer. Supplies shall include the following: toilet tissue
(two ply), hand towels (as appropriate), commode seat covers, hand soap (lotion and
powder), and plastic trash liners (for ALL waste receptacles).
2. Performance Standards:
Last Revised April 2U15 -13-
CITY HALL
AU locations, conference roonno, council chambers, reception areas, open oornrnon areas,
reotrmmrnm, kitchens, o|oaanmomme, lobbies, inside vva|kxvayo' and entryways.
NIGHTLY JANITORIAL SERVICES
1. All vvaa1e containers shall be cleaned and emptied, liners changed, and contents
disposed ofindesignated area, and return containers tooriginal locations
2. Sweep and mop all hard flooring and tiling with pnmpersanidoor
3. Spot vacuum all carpet
4. Dust desks, chairs, tables, and other office furniture and equipment (paperwork
must be cleared byCity staff)
5. Clean and polish all drinking fountains
8. Clean and empty smoking containers and empty trash containers outside of
entryway doors; replace liners intrash containers
7- Spot clean to remove fingerprints from glass entry doors
Lunchroom, Kitchen and Coffee Areas
1. Clean and disinfect all sinks and countertops (dishes cleaned bvCity Gtaff);
2. Clean outside mfrefrigerators
3. Clean all microwaves inside and out
4. Rinse coffee pots and filter bowl
5. Run dishwasher
@. Damp wipe all table tops and chair seats
Restrooms and Locker Rooms
1. Clean and sanitize all urinals, toilets, and wash basins including all chrome fittings,
bright work, and countertops.
2. Clean tile behind urinals
3. Clean all mirrors from top to bottom
4. Sweep floors and mop with germicidal cleaner
5. Restock all supplies as necessary (auop'tissue, towels, linens, seat covers, etc.)
6. Repair, replace, or report broken paper towel dispensers and mmop dispensers to City
�intenance Area
1. Sweep Ordust mop floor
2Empty trash containers
Janitorial Closets
1. Remove all trash to designated area
2. Maintain neat and orderly storage
Last Revised April 2O15 -14-
WEEKLY JANITORIAL SERVICE
These items must be performed at least each week in addition to the nightly service.
1, Dust all window ledges, walls, and other flat surfaces from floor to ceiling removing
dust and cobwebs
2. Dust all picture frames, art work, and partitions
3. Wash entrances and 5 patios (Lunch, Study Session, City Manager, 2 City Council)
4. Clean glass entry doors and glass partitions top to bottom
5. Buff all tile floors
6. Vacuum all carpeted areas, move all chairs, and vacuum under desks and tables
7. Clean and polish wood in City Council Chamber
Lunchroom, Kitchen and Coffee Areas
Deep clean, polish sinks, countertops, and front of cabinets (dishes will be cleared by City
staff)
Restrooms and Locker Rooms
Dust all ledges and partitions
Janitorial Closet
1. Wash and disinfect sink basin
2. Mop floors and disinfect
3. Restock supplies
MONTHLY JANITORIAL SERVICE
These items must be completed at least once each month in addition to all nightly and
weekly services.
1. Clean all doors and frames
2. Clean base moldings and vacuum edge of carpeted areas
3. Spot clean minor stains in carpet
4. Spot clean wall surfaces in hallways
5. Spot clean minor stains in seats in the City Council Chamber
Luncheon, Kitchen and Coffee Areas
Remove lime buildup from faucets
RPctrnnmc
1. Thoroughly wash partitions, walls, and doors
2. Thoroughly wash all floors and detail corners
3. Strip and re -wax floors
4, Remove lime buildup from all fixtures
5. Clean showers and remove mildew
Last Revised April 2015 -15-
QUARTERLY JANITORIAL SERVICE
These items must be completed at least quarterly in addition to all nightly, weekly, and
monthly services
1 , Shampoo hallways and high traffic areas
2. Strip and re -wax tile floors
3. Wash and wipe trash containers
4. Wash all windows inside and out/power wash around windows and entries
Lunchrooms and Kitchen
1, Wash and wipe trash containers
2,. Strip and re -wax tile floors
BI-ANNUAL JANITORIAL SERVICES
Vacuum heating and air conditioning vents
ANNUAL JANITORIAL SERVICE
Steam clean all carpeted areas
Last Revised April 2015 -16-
EMERGENCY OPERATIONS CENTER (EOC)
WEEKLY JANITORIAL SERVICE
1. Dust all window ledges, walls, and other flat surfaces from floor to ceiling removing
dust and cobwebs
2. All waste containers shall be cleaned and emptied, liners changed, and contents
disposed of in designated area, and return containers to original locations
3. Sweep and mop all hard flooring and tiling with proper sanitizer
4, Vacuum all carpeted areas
5. Clean and polish all drinking fountains
6. Spot clean to remove fingerprints from glass entry doors and glass partitions;
includes cleaning of mirrors
Kitchen Area
1, Clean and disinfect all sinks and countertops (dishes cleaned by City Staff)
2. Clean microwave inside and out
3. Rinse coffee pots and filter bowl
4. Clean outside of refrigerators
5. Damp wipe all table tops and chair seats
Restrooms
1, Clean and sanitize all urinals, toilets, and wash basins including all chrome fittings,
bright work and countertops.
2. Clean the behind urinals
3. Clean all mirrors from top to bottom
4. Sweep floors and mop with germicidal cleaner
5. Restock all supplies as necessary (soap, tissue, towels, linens, seat covers, etc.)
6. Repair, replace, or report broken paper towel dispensers and soap dispensers to City
MONTHLY JANITORIAL SERVICE
These items must be completed at least once each month in addition to all nightly and
weekly services.
1. Dust desks, chairs, tables, and other office furniture and equipment (paperwork
must be cleared by City staff)
2. Dust all frames and wall boards
3, Move chairs and vacuum under desks
Kitrrhan
Remove lime buildup from faucets
Last Revised April 2015 -17-
QUARTERLY JANITORIAL SERVICE
These items must be completed at least quarterly in addition to all nightly and weekly
services
1, Clean base moldings and vacuum edge of carpeted areas
2. Clean doors and frames
3. Spot clean wall surfaces in hallways
4. Spot clean minor stains in carpet
BI-ANNUAL JANITORIAL SERVICE
1 , Shampoo hallways and high traffic areas
2. Strip and re -wax the floors
3. Wash and wipe trash containers
4. Clean all windows inside and out both sides
5. Vacuum heating and air conditioning vents
Restrooms
1 ,. Thoroughly wash partitions, walls, and doors
2, Thoroughly detail corners
3. Strip and re -wax floors
4. Remove lime buildup from all fixtures
5. Dust all ledges
6. Wash and wipe trash containers
Kitchen
1. Wash and wipe trash containers
2. Strip and re -wax tile floors
ANNUAL JANITORIAL SERVICE
Steam clean all carpeted areas
Last Revised April 2015 -18-
LIBRARY
Offices at all locations, conference rooms, reception areas, open common areas,
restrooms, classrooms, lobbies, inside walkways and entryways.
NIGHTLY JANITORIAL SERVICE
1. All waste containers shall be cleaned and emptied, liners changed, and contents
disposed of in designated area, and return containers to original locations
2, Sweep and mop all hard flooring and tiling with proper sanitizer
3. Vacuum all carpeted areas
4. Dust desks, chairs, tables, and other office furniture and equipment (paperwork
must be cleared by City staff)
5. Clean and polish all drinking fountains
6. Clean smoking containers and empty trash containers outside of entryway doors;
replace liners in trash containers
7, Spot clean to remove fingerprints from glass entry doors and glass partitions;
includes cleaning of mirrors
Lunchroom Kitchens and Coffee Areas
1. Clean and disinfect all sinks and countertops (dishes cleaned by City Staff)
2. Clean microwaves inside and out
3. Rinse coffee pots and filter bowl
4. Clean outside of refrigerators
5. Damp wipe all table tops and chair seats
Restrooms
1 . Clean and sanitize all urinals, toilets, and wash basins including all chrome fittings,
bright work and countertops.
2. Clean tile behind urinals
3. Clean all mirrors from top to bottom
4. Sweep floors and mop with germicidal cleaner
5. Restock all supplies as necessary (soap, tissue, towels, linens, seat covers, etc.)
6. Repair, replace, or report broken paper towel dispensers and soap dispensers to City
Janitorial Closets
1 . Sweep or dust mop floor
2. Remove all trash to designated area
3. Maintain neat and orderly storage
WEEKLY JANITORIAL SERVICE
These items must be performed at least once each week in addition to the nightly service.
1 . Buff all tile floors
2. Dust all window ledges, walls, and other flat surfaces from floor to ceiling removing
dust and cobwebs
3. Dust all picture frames, art work, and book shelves
4. Move chairs and vacuum under desks
5. Wash entrances
6. Clean glass entry doors and glass partitions top to bottom
7. Vacuum all carpeted areas, pull out all chairs and vacuum under desks and tables
Last Revised April 2015 -19-
Lunchroom, Kitchen and Coffee Areas
Deep clean and polish sinks and countertops (dishes will be cleaned by City staff)
Restrooms and Locker Rooms
Dust all ledges and partitions
Janitorial Closet
1. Wash sink basin and disinfect
2. Mop floors and disinfect
3. Restock supplies
MONTHLY JANITORIAL SERVICE
These items must be completed at least once a month in addition to all nightly and weekly
services.
1. Clean doors and frames
2. Clean base moldings and vacuum edge of carpeted areas
3. Spot clean minor stains in carpet
4. Spot clean wall surfaces in hallways
5. Spot clean minor stains in seats at the reading desks and computer desks
Luncheon, Kitchen and Coffee Areas
Remove lime buildup from faucets
Restrooms
1. Thoroughly wash partitions, walls, and doors
2. Thoroughly wash all floors and detail corners
3. Strip and re -wax floors
4, Remove lime buildup from all fixtures
5. Clean showers and remove mildew
QUARTERLY JANITORIAL SERVICE
1 . Shampoo hallways and high traffic areas
2. Strip and re -wax tile floors
3. Wash and wipe trash containers
4, Wash all windows inside and out/power wash around windows and entries
Lunchrooms and Kitchen
1 Wash and wipe trash containers
2. Strip and re -wax tile floors
BI-ANNUAL JANITORIAL SERVICES
1 . Vacuum heating and air conditioning vents
2. Steam clean all carpeted areas (March and September)
Last Revised April 2015 -20-
WELLNESS CENTER
Offices at all locations, conference rooms, reception areas, open common areas,
restrooms, classrooms, lobbies, lounges, inside walkways, entryways, fitness room, office,
aerobic room and fitness restrooms with shower facilities.
NIGHTLY JANITORIAL SERVICE
1. All waste containers shall be cleaned and emptied, liners changed, and contents
disposed of in designated area, and return containers to original locations
2. Sweep and mop all hard flooring and tiling with proper sanitizer (including dance
floor, stage area, and exterior tiled area at entry door)
3. Vacuum all carpeted areas
4, Dust desks, chairs, tables, and other office furniture and equipment (paperwork
must be cleared by City staff)
5. Clean and polish all 6 drinking fountains
6. Clean smoking containers and empty trash containers outside of entryway doors;
replace liners in trash containers
7. Spot clean to remove fingerprints from glass entry doors; includes cleaning of
mirrors in the multi -purpose room, fitness room near free weights and the aerobic
room.
8. Spot clean to remove fingerprints from inside window areas
9. Dust cubbies/shelves in aerobic room.
Kitchen and Coffee Areas
1 * Clean and disinfect all sinks and countertops (dishes cleaned by City Staff); damp
wipe the wet bar and sink in the Hospitality Room area and the Arts & Crafts room
2. Clean microwaves inside and out
3. Wipe down coffee makers
4. Clean outside of refrigerators and freezer
5. Damp wipe all table tops and chair seats
Restrooms and Locker Rooms
1 . Clean and sanitize all urinals, toilets, and wash basins including all chrome fittings,
bright work, and countertops.
2� Clean tile behind urinals
3. Clean all mirrors from top to bottom
4. Sweep floors and mop with germicidal cleaner
5. Restock all supplies as necessary (soap, tissue, towels, linens, seat covers, etc.)
6. Repair, replace, or report broken paper towel dispensers and soap dispensers to City
7. Clean and sanitize showers in fitness restrooms
8» Damp wipe/dust lockers in fitness room
Janitorial Closets
1 , Remove all trash to designated area
2. Maintain neat and orderly storage
3, Expanded men's and women's restrooms have additional closet space for storage
Last Revised April 2015 -21-
WEEKLY JANITORIAL SERVICE
These items must be performed at least once each week in addition to the nightly service.
Offices at all locations, conference rooms, reception areas, open common areas,
restrooms, classrooms, lobbies, inside walkways, entryways, fitness room, office, and
aerobic room.
1, Scrub and buff all tile floors
2. Dust all window ledges, walls, and other flat surfaces from floor to ceiling removing
dust and cobwebs
3. Dust all picture frames and art work and counter areas
4. Move chairs and vacuum under desks
5. Wash entrances and patios
6. Clean glass entry doors and glass partitions/windows top to bottom
7. Clean windows in fitness room
Kitchen and Coffee Areas
1 . Deep clean and polish sinks and countertops (dishes will be cleaned by City staff)
2. Clean and sanitize garbage disposal
Restrooms
Dust all ledges and partitions
Janitorial Closet
1 . Wash sink basin and disinfect
2. Mop floors and disinfect
3. Restock supplies
Patio Areas
1 . Power wash and rinse down areas
2. Wash down outside furniture when cushions are not present
MONTHLY JANITORIAL SERVICE
These items must be completed at least once each month in addition to all nightly and
weekly services.
1 . Clean doors, door frames, and inside window areas
2. Clean base moldings and vacuum edge of carpeted areas
3. Spot clean minor stains in carpet
4. Spot clean wall surfaces in hallways
5. Spot clean minor stains on furniture in lobby, hospitality area, and fitness room
(Only use clean water on furniture. No chemicals)
Kitchen and Coffee Areas
Remove lime buildup from faucets
Last Revised April 2015 -22-
Restrooms
1 . Thoroughly wash partitions, walls, and doors
2. Thoroughly wash all floors and detail corners
3. Strip and re -wax floors
4. Remove lime buildup from all fixtures and shower areas
QUARTERLY JANITORIAL SERVICE
1. Shampoo hallways and high traffic areas
2, Carpet buff the multipurpose room
2. Strip and re -wax tile
3.. Wash and wipe trash containers
4, Wash all windows inside and out/power wash around windows and entries
Kitchen
1 . Wash and wipe trash containers
2. Strip and re -wax tile floors
BI-ANNUAL JANITORIAL SERVICES
Vacuum heating and air conditioning vents
ANNUAL JANITORIAL SERVICE
Carpet buff and clean all carpeted areas
Last Revised April 2015 -23-
MUSEUM
Offices at all locations, conference rooms, exhibit areas, open common areas, restrooms,
classrooms, lobbies, inside walkways, and entryways.
NIGHTLY JANITORIAL SERVICE
1. All waste containers shall be cleaned and emptied, liners changed, and contents
disposed of in designated area, and return containers to original locations
2. Sweep and mop all hard flooring and tiling with proper sanitizer
3. Vacuum all carpeted areas including elevator
4. Dust desks, chairs, tables, and other office furniture and equipment (paperwork
must be cleared by City staff)
5. Clean and polish all drinking fountains
6. Clean smoking containers and empty trash containers outside of entryway doors;
replace liners in trash containers
7. Spot clean to remove fingerprints from glass entry doors, glass partitions, mirrors,
and stainless steel elevator walls and doors
Lunchroom, Kitchen and Coffee Areas
1 „ Clean and disinfect all sinks and countertops (dishes cleaned by City Staff)
2. Clean microwave inside and out
3. Clean outside of refrigerators
4. Rinse coffee pots and filter bowl
5. Run dishwasher
6. Damp wipe all table tops and chair seats
Restrooms and Locker Rooms
1. Clean and sanitize all urinals, toilets, and wash basins including all chrome fittings,
bright work, and countertops.
2. Clean tile behind urinals
3. Clean all mirrors from top to bottom
4. Sweep floors and mop with germicidal cleaner
5. Restock all supplies as necessary (soap, tissue, towels, linens, seat covers, etc.)
6. Repair, replace, or report broken paper towel dispensers and soap dispensers to City
Janitorial Closets
1. Sweep or dust mop floor
2, Remove all trash to designated area
3. Maintain neat and orderly storage
WEEKLY JANITORIAL SERVICE
These items must be performed at least once each week in addition to the nightly service.
1 . Buff all tile floors
2. Dust all window ledges, walls, and other flat surfaces from floor to ceiling removing
dust and cobwebs
3. Dust all picture frames, art work, and book shelves
4. Move chairs and vacuum under desks
5. Wash entrances
6. Clean glass entry doors and glass partitions top to bottom
Last Revised April 2015 -24-
Lunchroom, Kitchen and Coffee Areas
Deep clean and polish sinks and countertops (dishes will be cleaned by City staff)
Restrooms and locker Rooms
Dust all ledges and partitions
Janitorial Closet
1 Wash sink basin and disinfect
2. Mop floors and disinfect
3. Restock supplies
MONTHLY JANITORIAL SERVIC
These items must be completed at least once each month in addition to all nightly and
weekly services.
1. Clean doors and frames
2. Clean base moldings and vacuum edge of carpeted areas
3, Spot clean minor stains in carpet
4. Spot clean wall surfaces in hallways
5 Spot clean minor stains in seats
Luncheon, Kitchen and Coffee Areas
Remove lime buildup from faucets
Restrooms
1 „ Thoroughly wash partitions, walls, and doors
2, Thoroughly wash all floors and detail corners
3, Strip and re -wax floors
4. Remove lime buildup from all fixtures
5. Clean showers and remove mildew
QUARTERLY JANITORIAL SERVICE
These items must be completed at least quarterly in addition to all nightly and weekly
services.
1 , Shampoo hallways and high traffic areas
2. Strip and re -wax tile floors
3. Wash and wipe trash containers
4. Wash all windows inside and out/power wash around windows and entries
Lunchrooms and Kitchen
1 . Wash and wipe trash containers
2. Strip and re -wax tile floors
BI-ANNUAL JANITORIAL SERVICES
Vacuum heating and air conditioning vents
ANNUAL JANITORIAL SERVICE
Steam clean all carpeted areas including elevator
Last Revised April 2015 -25-
PARK RESTROOMS
DAILY/NIGHTLY JANITORIAL SERVICE
1. Clean and sanitize all urinals, toilets, and wash basins including all chrome fittings,
bright work and countertops.
2. Clean tile behind urinals
3. Sweep floors and mop with a scented germicidal/cleaner and disinfectant
4. Wash waste containers, including lids, and replace liners
5. Clean all mirrors from top to bottom
6. Restock all supplies as necessary (soap, tissue, towels, linens, seat covers, etc.)
7. Repair, replace, or report broken paper towel dispensers and soap dispensers to City
Janitorial Closets
1.. Remove all trash to designated area
2. Maintain neat and orderly storage
WEEKLY JANITORIAL SERVICE
1. Restock supplies
2. Scrub and hose entryways
MONTHLY JANITORIAL SERVICE
1. Thoroughly wash partitions and doors
2. Spot clean wall surfaces
3. Thoroughly wash all floors and detail corners
4. Remove lime buildup from all fixtures
BI-ANNUAL JANITORIAL SERVICES
1. Wash all wall surfaces
2. Stock extra toilet paper and a paper towels in storage rooms in case they run out
ANNUALLY
Provide an extra case of toilet paper and a case of folded paper towels to the La Quinta
Park snack bar and Sports Complex snack bar (late -September and mid -January)
SUPER CLEANING
Clean out snack bars at La Quinta Park and Sports Complex in late -August (Remove all
trash; clean and polish sinks, shelves, and countertops; clean outside of all snack bar
equipment and refrigerators; clean hand sink basins and disinfect; wash glass windows;
dust all ledges and partitions; clean wall surfaces; thoroughly sweep and wash all floors
and detail corners; strip and re -wax floors; wash and wipe out trash containers)
Last Revised April 2015 -26-
PUBLIC WORKS YARD RESTRCOMS AND OFFICES
Offices, conference rooms, reception areas, open common areas, restrooms, inside
walkways, and entryways.
NIGHTLY JANITORIAL SERVICE
1, All waste containers shall be cleaned and emptied, liners changed, and contents
disposed of in designated area, and return containers to original locations
3. Sweep and mop all hard flooring and tiling
4, Vacuum all carpeted areas
5. Dust desks, chairs, tables, and other office furniture and equipment (paperwork
must be cleared by City staff)
6. Clean and polish all drinking fountains
Lunchroom, Kitchen and Coffee Areas
1 . Clean and disinfect all sinks and countertops (dishes cleaned by City Staff);
2. Clean microwaves inside and out
3. Clean outside of refrigerators
4. Rinse coffee pots and filter bowl
5. Run dishwasher
6. Damp wipe all table tops and chair seats
Restrooms and Locker Rooms
1. Clean and sanitize all urinals, toilets, and wash basins including all chrome fittings,
bright work, and countertops.
2. Clean tile behind urinals
3. Clean all mirrors from top to bottom
4. Sweep floors and mop with germicidal cleaner
5, Restock all supplies as necessary (soap, tissue, towels, linens, seat covers, etc.)
6. Report broken paper towel dispensers and soap dispensers to City
Janitorial Closets
1. Remove all trash to designated area
2, Maintain neat and orderly storage
WEEKLY JANITORIAL SERVICE
These items must be performed at least once each week in addition to the nightly service.
1. Buff all tile floors
2. Dust all window ledges, walls, and other flat surfaces from floor to ceiling removing
dust and cobwebs
3. Dust all picture frames and book shelves
4. Move chairs and vacuum under desks
Lunchroom, Kitchen and Coffee Areas
Deep clean and polish sinks and countertops (dishes will be cleaned by City staff)
Restrooms and Locker Rooms
Dust all ledges and partitions
Last Revised April 2015 -27-
Janitorial Closet
1 „ Wash sink basin and disinfect
2„ Mop floors and disinfect
1 Restock supplies
MONTHLY JANITORIAL SERVICE
These items must be completed at least once each month in addition to all nightly and
weekly services.
1. Clean doors and frames
2. Clean base moldings and vacuum edge of carpeted areas
3. Spot clean minor stains in carpet
4. Spot clean wall surfaces in hallways
5. Spot clean minor stains in seats
Luncheon Kitchen and Coffee Areas
Remove lime buildup from faucets
Restrooms
1 „ Thoroughly wash partitions, walls, and doors
2. Thoroughly wash all floors and detail corners
3„. Strip and re -wax floors
4„ Remove lime buildup from all fixtures
QUARTERLY JANITORIAL SERVICE
1 . Shampoo hallways and high traffic areas
2. Strip and re -wax tile floors
3„ Wash and wipe trash containers
4. Wash all windows inside and out/power wash around windows and entries
Lunchrooms and Kitchen
1 . Wash and wipe trash containers
2. Strip and re -wax the floors
BI-ANNUAL JANITORIAL SERVICE
Vacuum heating and air conditioning vents
ANNUAL JANITORIAL SERVI
Steam clean all carpeted areas
Last Revised April 2015 -28-
Exhibit B
Schedule of Compensation
Payment shall be on a "Fixed Fee" basis in accordance with the Contractors Schedule of
Compensation attached herewith for the work tasks performed in conformance with
Section 2.2 of this Agreement. Total compensation for all work performed under this
Agreement shall not exceed $102,220 Dollars ($102,220.00) except as specified in
Section 1.6 - Additional Services of this Agreement.
Additional authorized services will be billed at Contractor's then current hourly consulting
rates. Contractor's current hourly rates are set forth in the attached rate schedule.
Last Revised April 2015 -29-
Exhibit C
Schedule of Performance
The following table itemizes the services to be provided, the frequency nf service, and the
charges for each location:
ITEM
LOCATION
TIMES
TOTAL PER
PER YEAR
SQUARE
NUMBER OF
NO.
PER
MONTH IN
FEET
RESTROOMS
WEEK
DOLLARS
1c
Emergency Operations Center
1
$80.00
Toilets - 3
Library Book & Office Areas
X12=
MEN — 1
Outside Library Restrooms as needed
after events (Flat Rate/2 week
112
04
2c
N/A
ail
Lock Restrooms after Cleaning
Wellness Center
WOMEN - 2
Mon -Fri After 10 p.m.
Toilets - 10
3b
Wellness Center/ Multi -purpose Area
as needed after events
N/A
(Flat Rate/2 week notice)
X12=
Wellness Center Patios
Museum
WOMEN - 1
Last Revised April 2015 -30-
Museum Meeting Roorn/ Special
4b
Cleaning as needed after events
N/A
(Flat Rate/2 week notice)
A A ,
Public Works Yard (Offices &
X 12
5
Restrooms) 78109 Avenue 52
5
$ 150.00
Mon —Fri After 5:30 p.m.
$1 800.00
1,900
SHARED - 2
Sports Complex
X12=
MEN - 3
6
78900 Avenue 50
6
$ 450.00
WOMEN - 3
Mori —Sat After 10 p.m.
Toilets - 6
Lock Restrooms after Cleaning
$5,400.00
880
Urinals - 3
Fritz Burns Park Restroorns
X12=
MEN - 1
7
78060 Frances Hack Lane
7
$ 190-00
WOMEN - 1
Sun —Sat 12 p.m. & after 10 p.m,
Toilets - 2
Lock Restrooms after cleaning
$2,280.00
400
Colonel Mitchell Paige Restroorns
X12=
MEN - 1
43495 Palm Royal Drive
WOMEN - 1
8
Mon —Fri After 10 p.m.
5
$ 100-00
Toilets - 2
Sat after 10 p.rn. (Sept1-Nov.30)
$1 200.00
Urinals — 1
Lock Restrooms After Cleaning
125
La QUinta Park Restrooms
X1 2
MEN - 1
9
79120 Blackhawk Way
$ 150.00
WOMEN - 1
Sun —Sat @ I 2p.m. & after 10 P.M.
7
Toilets - 6
Lock Restrooms After Cleaning
$1 ► 800.00
380
Urinals - 1
Fritz Burns Pool Restroorn & Offices
X3 =
MEN - 1
78060 Frances Hack Lane
WOMEN - 1
10
June 1 through September 1
6
$ 400.00
Toilets - 5
Monday through Saturday
$1 200.00
990
Urinals - I
La Quinta Park Snack Bar
X1
11
79120 Blackhawk Way
N/A
200.00
Annual Super Cleaning -August
$200.00
220
Sports Complex Snack Bar
jX1
12
78900 Avenue 50
N/A
1$ 200.00
Annual Super Cleaning -August
$200.00
240
$ 9,185.00
$102, 220. G
0
TOTAL PER
TOTAL PER
MONTH
YEAR
.. ......
TOTAL BASE PRICE FOR ONE YEAR $102,220.00
TOTAL BASE PRICE FOR ONE YEAR (Words): one hundred and two thousand and
two hundred twenty dollars and zero cent s
Last Revised April 2015 -31 -
Exhibit D
California Displaced Janitor Opportunity Act
The Displaced Janitor Opportunity Act (California Labor Code Sections 1060-1065)
became effective on January 1, 2002. The |avv applies to companies that employ 25 or
more individuals. Covered employees are those who work at least 15 hours per week
under contract to provide janitorial or building maintenance services.
The |mvv requires contractors and subcontractors that obtain a new contract from an
awarding authority to provide janitorial or building maintenance services at m job site or
sites to retain for 60-daytnanmition period employees who have been employed by the
former contractor or subcontractor for the preceding four months or longer at the site or
sites covered by the successor service contract, un|mom the successor contractor or
subcontractor has "reasonable and substantiated" cause not to hire an employee based on
his orher previous performance mrconduct .
The successor contractor or subcontractor is required to provide a written offer of
employment toeach employee in the employee's primary language oranother language in
xvNoh the employee is literate. The offer should state the time within which the employee
must accept the offer, but in no case may that time be less than 10dayo. Nothing in the
|axv requires the successor contractor or successor subcontractor to pay the same wages
or offer the ourne benefits as were provided by the prior contractor or prior subcontractor.
At the end of the 60-day transition employment period, the successor contractor or
successor subcontractor is required to provide a written performance evaluation to each
employee retained pursuant tothis law. |fthe employee's performance during that QU-day
period is satisfactory, the employee must be offered continued employment. Any
ernp|myrnmnt after the 60-day transition employment period is mt-xvi|| employment.
H at any time the successor contractor or subcontractor determines that fewer employees
are needed to perform the contract than were required by the previous contractor, the
successor contractor or subcontractor is required to retain enmp|mYeme by seniority within
the job classification.
Once the new contract begins, the successor contractor mrsubcontractor must provide to
the awarding authority (1) a list of ernp|oymmo providing services at the site or sites
covered under that contract, indicating which of these employees were employed at the
site or sites by the terminated contractor orterminated subcontractor and (2) a |im1 of any
of the terminated contractor's employees who were not retained, stating the reommm these
employees were not retained.
The |ovv establishes additional requirements for the new contractor orsubcontractor during
the 60'daytranabion employment period, including:
• maintaining e preferential hiring list of eligible covered mrnp|oymmn who were not
retained from which the contractor mrsubcontractor must hire additional employees
until such time as all of the terminated contractor's or terminated subcontractor's
employees have been offered employment.
• Refraining from discharging without cause an employee retained pursuant to this law.
Cause must be based only on the performance nrconduct ofthe particular employee.
Source: California Labor Code Sections 1060'1065
Last Revised April 2015 -32-
Exhibit E
Insurance Requirements
1 . Insurance. Prior to the beginning of and throughout the duration of this 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)
Workers' Compensation
(per statutory requirements)
Contractor 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 Contractor's acts or
omissions rising out of or related to Contractor'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 Contractor'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.
Contractor 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 Contractor, its officers, any person directly or indirectly employed by
Contractor, any subcontractor or agent, or anyone for whose acts any of them may be
liable, arising directly or indirectly out of or related to Contractor's performance under this
Agreement. If Contractor or Contractor's employees will use personal autos in any way on
this project, Contractor shall provide evidence of personal auto liability coverage for each
such person. The term "automobile" 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 primary for
losses arising out of Contractor's performance hereunder and neither City nor its insurers
shall be required to contribute to such loss.
Contractor shall carry Workers' Compensation Insurance in accordance with State
Worker's Compensation laws with employer's liability limits no less than $1,000,000 per
accident or disease.
Contractor 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, Contractor shall, prior to the cancellation date,
submit new evidence of insurance in conformance with this Exhibit to the Contract Officer.
Last revised April 2015 33
The procuring of such insurance or the delivery of policies or certificates evidencing the
same shall not be construed as a limitation of Contractor's obligation to indemnify City, its
officers, employees, contractors, subcontractors, or agents.
2. Remedies. In addition to any other remedies City may have if Contractor fails to
provide or maintain any insurance policies or policy endorsements to the extent and within
the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the premiums for
such insurance from any sums due under this Agreement.
b. Order Contractor to stop work under this Agreement and/or withhold any
payment(s) which become due to Contractor hereunder until Contractor
demonstrates compliance with the requirements hereof.
C. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other
remedies City may have. The above remedies are not the exclusive remedies for
Contractor's failure to maintain or secure appropriate policies or endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to
which Contractor may be held responsible for payments of damages to persons or
property resulting from Contractor's or its subcontractors' performance of work
under this Agreement.
3. General Conditions Pertaininq to Provisions of Insurance Coverage by Contractor.
Contractor and City agree to the following with respect to insurance provided by
Contractor:
a. Contractor 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. Contractor also agrees to require all contractors, and
subcontractors to do likewise.
b. No liability insurance coverage provided to comply with this Agreement shall
prohibit Contractor, or Contractor's employees, or agents, from waiving the right of
subrogation prior to a loss. Contractor 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.
C. All insurance coverage and limits provided by Contractor 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.
d. 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.
Last revised April 2015 34
e. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
f. All coverage types and limits required are subject to approval, modification
and additional requirements by City, as the need arises. Contractor shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or
reduction of discovery period) that may affect City's protection without City's prior
written consent.
g. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an additional
insured endorsement to Contractor's 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 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 Contractor or deducted from sums due
Contractor, at City option.
h. It is acknowledged by the parties of this Agreement that all insurance
coverage required to be provided by Contractor 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.
i. Contractor agrees to ensure that subcontractors, and any other party
involved with the project that is brought onto or involved in the project by
Contractor, provide the same minimum insurance coverage required of Contractor.
Contractor 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. Contractor agrees that upon request, all agreements
with subcontractors and others engaged in the project will be submitted to City for
review.
j. Contractor 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 Contractor's existing coverage
includes a deductible or self -insured retention, the deductible or self -insured
retention must be declared to City. At that time, City shall review options with
Contractor, which may include reduction or elimination of the deductible or self -
insured retention, substitution of other coverage, or other solutions.
k. City reserves the right at any time during the term of this Agreement to
change the amounts and types of insurance required by giving Contractor
ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to Contractor, City will negotiate additional compensation
proportional to the increased benefit to City.
Last revised April 2015 35
I. 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.
M. Contractor acknowledges and agrees that any actual or alleged failure on the
part of City to inform Contractor 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.
n. Contractor 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 this Agreement is canceled or
terminated for any reason. Termination of this obligation is not effective until City
executes a written statement to that effect.
o. Contractor 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
Contractor's 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.
P. The provisions of any workers' compensation or similar act will not limit the
obligations of Contractor under this agreement. Contractor expressly agrees not to
use any statutory immunity defenses under such laws with respect to City, its
employees, officials, and agents.
q. 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.
r. 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.
s. 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.
t. Contractor 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
Contractor 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 the intent of
City to reimburse any third party for the cost of complying with these requirements.
Last revised April 2015 36
There shall he no recourse against City for payment of pmmnniurna orother amounts
with respect thereto.
u. Contractor agrees to provide immediate notice to City of any claim or |m$s
against Contractor arising out of the work performed under this agreement. City
ommunnas 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.
Last revised April 2015 37
Exhibit F
Indemnification
1. General Indemnification Provision.
a. | When the |axv establishes a
professional standard of conw for Contractor's Services, to the fullest extent
permitted by law, Contractor shall indemnify, protect, defend (with counsel selected
by City), and hold hmrnn}eem City and any and all of its officials, employees, and
agents ("Indemnified Parties") from and against any and all o|ainoa, |oomam' liabilities
of every kind, nature, and description, damages, injury (including, without limitation,
injury to or death of on mnnp|myea of Contractor orof any subcontractor), costs and
expenses of any hind' whether actual, alleged or threatened, including, without
limitation, incidental and consequential damages, court costs, attorneys' fees,
litigation expenses, and fmae of expert consultants or expert witnesses incurred in
connection therewith and costs of investigation, to the extent eerne are cause in
whole orin part by any negligent orwrongful act, error oromission of Contractor,
its officers, agents, employees or subcontractors (or any entity or individual that
Contractor shall bear the |agm| liability thereof) in the performance of professional
services under this agreement. With respect tothe design of public improvements,
Contractor 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 without the
written consent mfContractor.
b. Indemnification for Other Than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by |ovv,
Contractor shall indemnify, defend (with counsel selected by City), and hold
harmless the Indemnified Parties from and against any liability (including liability for
c|oinne, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, |mmeem, expenses or costs of any kind, vvha1har actual,
oUm'od or threatened, including, without limitation, incidental and consequential
damages, court costs, attorneys' fees, litigation expenses, and fees of expert
consultants or export witnesses) incurred in connection therewith and costs of
investigation, where the mmrnm 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
Contractor or by any individual or entity for which Contractor is legally liable,
including but not limited to officers, nQan1o' employees, or subcontractors of
Contractor.
2. Standard Indemnification Provisions. Contractor agrees to obtain executed
indemnity agreements with provisions identical to those met forth herein this section from
each and every subcontractor or any other person or entity involved by, for, with or on
behalf of Contractor inthe performance mfthis Agreement. In the event Contractor fails to
obtain such indemnity obligations from others as required herein, Contractor agrees tm 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 vvoy act as a waiver ofany rights hereunder. This obligation to indemnify and defend
City as set forth herein is binding on the successors, assigns or heirs of Contractor and
shall survive the termination of this agreement or this section.
Last revised April 2015 38
e. Without affecting the rights of City under any
provision of this agreement, Contractor shall not be required to indemnify and hold
harmless City for liability attributable tmthe active negligence of City' provided such
active negligence is determined by agreement between the parties or bythe findings
of court ofcompetent jurisdiction. In instances where City is shown to have been
actively negligent and where Ci1y's active negligence accounts for only a
percentage of the liability involved, the obligation of Contractor will be for that
entire portion or percentage of liability not attributable to the active negligence of
Last revised April 2015 39
la��u.�vctc�,c
G� OF9
CITY / SA / HA / FA MEETING DATE: June 16, 2015 AGENDA CATEGORY:
BUSINESS SESSION:
ITEM TITLE: APPROVE AMENDMENT AND CONTRACT
CHANGE ORDER WITH KIRKPATRICK LANDSCAPING CONSENT CALENDAR: 8
SERVICES, INC. FOR CITYWIDE LANDSCAPE MAINTENANCE STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Approve Amendment No. 2 to the contract with Kirkpatrick Landscape Services, Inc., to
continue City-wide landscape maintenance service for one additional year (July 1, 2015
through June 30, 2016); approve Contract Change Order No. 5; and authorize the City
Manager to execute both, subject to minor revisions by the City Attorney.
EXECUTIVE SUMMARY:
• The City-wide landscape contract provides landscape maintenance for all public
medians, parkways and retention areas in order to provide safe and aesthetically
pleasing streetscapes throughout the City.
• The City has a contract with Kirkpatrick Landscaping Services, Inc. ("Kirkpatrick")
for the maintenance work in the amount of $417,391.78, which will expire on June
30, 2015.
Amendment No. 2 (Attachment 1) will extend the contract for one year.
• Contract Change Order No. 5 (Attachment 2) will increase the contract amount by
$41,141.19 in order to provide for additional landscape areas that will be added to
the contract and increased labor costs for prevailing wages and the State's
minimum wage increase.
FISCAL IMPACT:
The proposed increase to the $417,391.78 contract is $41,141.19. The total amount
would be $458,532.97, which is budgeted in the Landscape and Lighting Contract
Maintenance Account of the 2015/2016 Operating Budget.
BACKGROUND/ANALYSIS:
The Citywide landscape maintenance program provides for daily, weekly and monthly
maintenance of all landscaped areas located within the City's right-of-way. The program
provides landscape maintenance for all public medians, parkways and retention areas in
order to provide safe and aesthetically pleasing streetscape throughout the City.
On June 4, 2013, the City Council awarded a contract to Kirkpatrick in the amount of
$419,925.38, for the Citywide Landscape Maintenance, Project No. LMC 2012-11. The
contract primarily serves the City-wide Lighting and Landscape Assessment District No.
89-1.
Kirkpatrick is requesting that the contract amount be increased by $41,141.19 in order to
account for additional landscape areas on the Fred Waring median that will be added to
the contract (totaling $1,697.67) and additional labor costs for prevailing wages and the
State's minimum wage increase schedule for January 2016 (totaling $39,443.52). The
contract allows four, one-year extensions renewable at the beginning of each fiscal year
through Fiscal Year 2017/2018 at the City's discretion, if the contractor performs in a
satisfactory manner. It may be terminated with a 30-day notice to the contractor.
Staff believes Kirkpatrick has performed satisfactorily and therefore recommends
approval of the contract extension and change order.
ALTERNATIVES:
Council may choose not to approve the contract change order and amendment and
instead advertise the contract for bids. However, due to the cost of preparing and
advertising for bids, substantially lower costs for these services may not be realized;
therefore, staff does not recommend the alternative at this time.
Report prepared by: James Lindsey, Maintenance Manager
Report approved for submission by: Timothy R. Jonasson, P.E.
Public Works Director/City Engineer
Attachments: 1. Amendment No. 2
2. Contract Change Order No. 5
ATTACHMENT 1
AMENDMENT NO. 2 TO AGREEMENT WITH
KIRKPATRICK LANDSCAPING SERVICES, INC., FOR PROJECT NO. LMC 2012-11,
CITYWIDE LANDSCAPE MAINTENANCE SERVICES FOR LANDSCAPE & LIGHTING
DISTRICT 89-1
THIS AMENDMENT NO. 2 TO THE AGREEMENT WITH
KIRKPATRICK LANDSCAPING SERVICES, INC., FOR PROJECT NO. LMC 2012-11,CITYWIDE
LANDSCAPE MAINTENANCE SERVICES FOR LANDSCAPE & LIGHTING DISTRICT 89-1
("Amendment No. 2") is made and entered into as of the 1 day of J_ ulv . 2015
("Effective Date"), by and between the CITY OF LA QUINTA, ("City"), a California
municipal corporation, and Kirkpatrick Landscaping Services, Inc. ("Contractor").
RECITALS
A. On or about June 4, 2013 the City and Contractor entered into an
Agreement for Project No. LMC 2012-11, Landscape Maintenance Services for
Landscape & Lighting District 89-1. The term of this original agreement expires June
30, 2014.
B. Pursuant to Section 2000, 2.0 Terms of the original Agreement, the City
and Contractor may extend the term of the agreement upon mutual agreement by
both parties.
C. On or about June 3, 2014, the City approved Amendment No.1 to the
original agreement, extending the terms for one (1) additional year (first extended
term) July 1, 2014 through June 30, 2015.
D. Contractor and City now wish to amend the original Agreement to
extend the term for one (1) additional year (second extended term) July 1, 2015
through June 30, 2016.
AMENDMENT:
In consideration of the foregoing Recitals and the covenants and promises
hereinafter contained, and for good and valuable consideration, the sufficiency and
receipt of which are hereby acknowledged, the parties hereto agree as follows:
As provided in Section 2000, 2.0 Contract Terms of the existing Agreement, the City
and Contractor have agreed to extend the term of the agreement for one (1)
additional year, commencing July 1, 2015 through June 30, 2016.
In all other respects, the original agreement shall remain in effect.
IN WITNESS WHEREOF, the City and Contractor have executed this Amendment No. 2
to the Agreement with Kirkpatrick Landscaping Services, Inc. for Project No. LMC 2012-
11 Citywide Landscape Maintenance Services for Landscape & Lighting District 89-1 on
the respective dates set forth below.
CITY OF LA QUINTA a California municipal corporation
Frank J. Spevacek, City Manager Date
ATTEST:
Susan Maysels, City Clerk
APPROVED AS TO FORM:
William Ihrke, City Attorney
CONTRACTOR: Kirkpatrick Landscaping Services, INC.
By:
Name:
Title:
Date:
Kirkpatrick Landscaping Services, Inc.
43-752 N. Jackson Street
Indio, CA. 92201
ATTACHMENT 2
rM M wo a, V# qA"'
r, M7�
CONTRACT: L.M.C. FY 2014/2015 PROJECT NO. 2012-11
CONTRACTOR: Kirkpatrick Landscaping Services, Inc.
43-752 N. Jackson St. P.O. Box 1807
Indio, CA 92201
CONTRACT CHANGE ORDER NO. 5
Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following
described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms,
general conditions, and special provisions of the original Contract.
DESCRIPTION OF CHANGE: Addition/deletion of Landscape Maintenance as follows:
Location:
Turf @
$0.05/SF
Planter @
$0.1245/SF
Irrigation @
$0.0206/ SF
Monthly
Annual
Fred Waring Median, Adams to Dune Palms
Road.
0 SF = $0.00
11,700 SF
=$1,456.65
11,700 SF =
$241.02
$141.47
$1,697.67
Minimum wage increase mandated by the
State of California.
$1,200.00
$14,400.00
Prevailing wage increase. ($417,392 at 6%)
$2086.96
$25,043.52
$41,141.19
All other requirements of the Landscape Maintenance Contract (LMC) FY 2014/15, Project No. 2012-11 shall apply.
Previous Contract Amount Through Change Order No. 4
$417,391.78
Add This Change Order
$ 41,141.19
Revised Contract Total
S 458,532.97
Submitted By: Date:
Approved By: Date:
We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will
provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above
specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays.
Accepted By:
Contractor:
Title:
Date:
S:AAGENDA STAFF REPORTS ONLY\CI7 - KIRKPATRICK CONTRACT - ATT 2.DOC
�a
C OF
CITY / SA / HA / FA MEETING DATE: June 16, 2015
ITEM TITLE: ADOPT RESOLUTION TO EXTEND TIME TO
COMPLETE ON -SITE IMPROVEMENTS FOR THE CAPISTRANO
DEVELOPMENT (TRACT MAP NO. 31910)
RECOMMENDED ACTION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 9
STUDY SESSION:
PUBLIC HEARING:
Adopt a resolution to extend the time to complete on -site improvements, as specified in
the approved Subdivision Improvement Agreement, for Tract Map No. 31910, Capistrano.
EXECUTIVE SUMMARY:
• The Capistrano developer, La Quinta 57 Estates, Inc., has requested City Council
approval of a time extension of the Subdivision Improvement Agreement to June
16, 2016 to complete the on -site improvements due to the impact caused by the
real estate market.
• The developer indicates that the remaining on -site improvements include street
paving, dry utilities, and grading in the northern half of the tract where the lots are
currently vacant.
• To date, there have been no public requests for completion of the on -site
improvements.
FISCAL IMPACT:
None. Bonds of sufficient value are currently in place to secure the incomplete
improvements.
BACKGROUND/ANALYSIS:
On November 21, 2006, City Council approved Tract Map No. 31910 for the Capistrano
development, located west of Monroe Street, north of Avenue 58 and south of Airport
Boulevard (Attachment 1). The developer has constructed off -site and on -site
improvements in the southern portion of the tract. In a letter dated May 7, 2015 from Mr.
John Pedalino (Attachment 2), a time extension was requested to complete the
remaining on -site improvements. Staff has received no public requests regarding
completion of these on -site improvements, and approval is recommended to extend the
Subdivision Improvement Agreement to June 16, 2016.
ALTERNATIVES:
Council may choose to not grant the time extension and require the improvements to be
built now; however, since no requests for the required improvements have been received
and requiring the construction of the improvements may unnecessarily burden the
developer, staff does not recommend this alternative.
Report prepared by: Bryan McKinney, P.E., Principal Engineer
Report approved for submission by: Timothy R. Jonasson, P.E.
Public Works Director/City Engineer
Attachments: 1. Vicinity Map
2. Letter from John Pedalino
RESOLUTION NO.2015 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, GRANTING EXTENSION OF TIME TO
JUNE 16, 2016 FOR THE COMPLETION OF THE ON -SITE
IMPROVEMENTS AS SPECIFIED IN THE SUBDIVISION
IMPROVEMENT AGREEMENT FOR TRACT MAP NO. 31910,
CAPISTRANO
WHEREAS, the City Council approved the Subdivision Improvement Agreement
(SIA) for Tract Map No. 31910, Capistrano, on December 6, 2006; and
WHEREAS, Section 6. Completion of Improvements, of the approved SIA
requires that the developer begin construction of the improvements within ninety
days and complete the construction within twelve months after the approval of the
Agreement; and
WHEREAS, failure by the developer to complete construction of the on -site
improvements by February 19, 2014 shall constitute cause for the City, in its sole
discretion and when it deems necessary, to declare the Subdivider in default of the
approved agreement; and
WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City
Council's sole and absolute discretion, an extension of time for completion of the
improvements with additions or revisions to the terms and conditions of the
Agreements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta,
California, as follows:
SECTION 1. The time for the completion of the on -site improvements as required by
the approved SIA is extended to June 16, 2016.
SECTION 2. The time extension for completing the on -site improvements shall expire
when City offices close for regular business on June 16, 2016 if the installation of the
on -site improvements has not been completed.
SECTION 3. The provided security amount as required in the approved SIA is
satisfactory. No additional securities are required.
SECTION 4. All other terms, responsibilities and conditions as listed in the approved
SIA shall remain in full force and effect.
Resolution No. 2015-
Tract Map No. 31910
Adopted: June 16, 2015
Page 2
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council held on this 16t" day of June 2015, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
ATTACHMENT 1
TM 31910 CAPISTRANO
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ATTACHMENT 2
May 7, 2015
Mr. Timothy R. Jonasson, P.E.
Director of Public Works, City Engineer
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Mr, Jonasson,
Please consider this request for an extension of time to complete the Onsite Improvements for Capistrano
Tract 31910,
Since the last request for extension dated January 25, 2013, we have completed the median landscaping
and the offsite bonds were released in October, 2014. In addition, we completed the CVWD punch list
items except for the final lift of onsite AC paving.
The remaining onsite improvements are as follows;
Street — AC Paving for the upper half of the tract
Dry Utilities — Upper half of the tract
Rough Grading — 13 Lots along the north property line.
As is the case for most of the new home developments in La Quinta, the Capistrano project continues to
be impacted by the real estate market in the desert. We look forward to a positive turn in our real estate
market so that we may be in a better position to address the completion of the remaining improvements
We are requesting an extension to complete the onsite improvements for Capistrano until June, 2016.
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CITY / SA / HA / FA MEETING DATE: June 16, 2015 AGENDA CATEGORY:
ITEM TITLE: APPROVE PLANS, SPECIFICATIONS, AND BUSINESS SESSION:
ENGINEER'S ESTIMATE AND ADVERTISE FOR BIDS FOR CONSENT CALENDAR: 10
THE EXTERIOR PHASE OF LIBRARY 10T" ANNIVERSARY
IIuI�:Z���/�u1�►����:Z��lxi�STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Approve the plans, specifications, and engineer's estimate and authorize staff to
advertise for bids for the exterior phase of the Library 10th Anniversary Improvements
Project.
EXECUTIVE SUMMARY:
• The Library 10th Anniversary Project consists of interior and exterior phases.
The plans, specifications, and engineer's estimate for the exterior phase are
now complete and are recommended for City Council's approval for
advertisement for bids. The interior phase is currently out to bid.
• The exterior phase includes expanding the parking lot to accommodate the
greater parking demand; improved pedestrian access both to the Library and
through the parking lot; drainage improvements and pavement maintenance to
extend the design life of the parking lot pavement.
FISCAL IMPACT:
The total project budget is $1,189,610; the exterior improvements will cost an
estimated $467,000. The approved project budget for the Library 10th Anniversary
Project is as follows:
Project Total
Interior Phase
Exterior Phase
Professional (7.75%):
$60,450
$24,258
$36,192
Design (10%):
$78,000
$31,300
$46,700
Inspection/Testing/Survey (9.75%):
j $76,050
j $30,518
j $45,532
Construction:
$780,000
$313,000
$467,000
City Administration (5%):
$39,000
$15,650
$23,350
Contingency (15% of Whole):
$156,110
$62,977
$92,133
Total Budget:
$1,189,610
$477,703
$711,907
BACKGROUND/ANALYSIS:
The City will be celebrating the Library's 10th anniversary in September of this year
and the Community Services Department is planning a celebration to recognize this
achievement. After 10 years of heavy use, the interior of the Library and the parking
lot are both in need of refurbishment. The interior phase, which includes new paint,
carpet and lighting, is currently out to bid with the award of contract anticipated in
July. The exterior landscape improvements to address the drainage issues next to the
Library are currently under design and expected to go to Council on July 7, 2015 for
plans, specifications, and engineer's estimate (PS&E) approval and bid authorization.
The proposed exterior improvements include expanding the parking lot to
accommodate the greater parking demand generated in recent years and adding
pedestrian access through the lot, both of which should facilitate development of City -
owned parcels to the west (Attachment 1). To improve drainage, a detention basin
will be installed on the south side of the parking lot and the entire parking lot will be
seal coated after the severely distressed portions of the asphalt are rehabilitated.
The PS&E are now complete and available for review in the Public Works Department.
Contingent upon City Council's approval to advertise the bid for the project, the
following is the proposed schedule:
City Council Bid Authorization
Bid Period
Council Considers Project Award
Execute Contract and Mobilize
Construction (40 Working Days)
Accept Improvements
ALTERNATIVES:
June 16, 2015
June 17 through July 16, 2015
July 21, 2015
July 22 through August 12, 2015
August 13 through October 8, 2015
October 2015
In order to complete the construction in conjunction with the Library 10th Anniversary
Interior Improvements Project, no alternatives are 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. Library Parking Lot Vicinity Map
CITY / SA / HA / FA MEETING DATE: June 16, 2015
ITEM TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR PUBLIC
WORKS DIRECTOR/CITY ENGINEER AND PRINCIPAL
ENGINEER TO ATTEND APWA INTERNATIONAL PUBLIC
WORKS CONFERENCE & EXPOSITION IN PHOENIX,
ARIZONA AUGUST 30 — SEPTEMBER 2, 2015
RECOMMENDED ACTION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 11
STUDY SESSION:
PUBLIC HEARING:
Authorize overnight travel for the Public Works Director/City Engineer and a Principal
Engineer to attend the American Public Works Association International Public Works
Conference & Exposition in Phoenix, Arizona from August 30 to September 2, 2015.
EXECUTIVE SUMMARY:
• The annual International Public Works Conference & Exposition offers
information on education, technology, and innovation to nearly 6,000 public
works professionals from around the world.
• The City's Public Works Director/City Engineer and a Principal Engineer will have
the opportunity to network, learn about the newest equipment and
technologies, and attend educational sessions covering the full gamut of public
works.
FISCAL IMPACT:
The estimated cost for both City employees is $4,000. Funds are available in the Fiscal
Year 2015/2016 Budget (Travel, Training and Meetings).
BACKGROUND/ANALYSIS:
The American Public Works Association hosts this conference and exposition annually.
It represents the public works industry's premier international event of 2015. New this
year is an offering of more than 400 exhibits with innovative technologies along with
over 125 new educational sessions covering the latest best practices and successful
case studies.
Below is a listing of the educational classes being offered, which are intended to help
public works professionals face critical, daily challenges:
• Emerging Technologies
• Emergency Preparedness
• Stormwater
• Funding and Budgeting
• Sustainable Practices
• Livable Communities
• Career Development/Workforce Solutions
ALTERNATIVES:
The City Council can deny this request. However, this alternative is not recommended
as staff would not be allowed to take advantage of this professional development
opportunity which would benefit City service delivery.
Report prepared by: Bryan McKinney, P.E., Principal Engineer
Report approved for submission by: Timothy R. Jonasson, P.E.
Public Works Director/City Engineer
CITY / SA / HA / FA MEETING DATE: June 16, 2015
AGENDA CATEGORY:
BUSINESS SESSION:
ITEM TITLE: ACCEPT AVENIDA CARRANZA DRAINAGE
IMPROVEMENTS CONSENT CALENDAR: 12
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Accept the Avenida Carranza Drainage Improvements project as 100 percent
complete; authorize the City Clerk to file a Notice of Completion with the Office of the
County Recorder; and authorize staff to release retention in the amount of $1,668,
thirty-five days after the Notice of Completion is recorded.
EXECUTIVE SUMMARY:
• This project improved a storm drain located in the area of Avenida Montezuma
and Avenida Carranza.
• The work is now complete and staff requests City Council's acceptance of the
improvements in order to complete the contract and allow final payment to the
contractor.
FISCAL IMPACT:
The following is the final accounting for this project:
Original Contract Amount
$ 40,792
Contract Change Order No. 1
1 668
Final Contract Amount
$ 42,460
Project Budget
$ 70,000
Final Contract Amount
($ 42,460)
Utilities, Plans, and Other Miscellaneous Construction
Costs
($ 0)
Design, Professional, Testing, Inspection, Survey,
Personnel
5 085
Funds Remaining
$ 22,454
Adequate funding is available to close out this project.
BACKGROUND/ANALYSIS:
This project, which made improvements to a formerly abandoned storm drain to the
Oleander Reservoir, is located just north of Avenida Montezuma at the north end of
Avenida Carranza (Attachment 1). The improvements included protecting the existing
dual pipe inlets with a concrete headwall and trash rack and installing grouted rip rap
in front of the pipes in order to slow water coming from the street before entering the
pipes.
On March 17, 2015, a contract in the amount of $40,792 was awarded to Dateland
Construction Co., Inc. for these improvements. Subsequently, Contract Change Order
No. 1 was issued for the reimbursement of Coachella Valley Water District Permit Fees.
There were 15 working days with a completion date of May 8, 2015. No liquidated
damages are recommended.
Construction is 100 percent complete and in compliance with the plans and
specifications. Staff therefore recommends acceptance of the project and release of
the retention thirty-five days after the Notice of Completion is recorded.
ALTERNATIVES:
Since the project has been constructed and reviewed for conformance to the plans
and specifications, staff does not recommend any alternatives to the recommended
action.
Report prepared by: Ed Wimmer, Principal Engineer
Report approved for submission by: Timothy R. Jonasson
Public Works Director/City Engineer
Attachment: 1. Vicinity Map
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CITY / SA / HA / FA MEETING DATE: June 16, 2015
ITEM TITLE: ADOPT RESOLUTION TO EXTEND TIME TO
COMPLETE OFF -SITE AND ON -SITE IMPROVEMENTS FOR
PALIZADA (AMENDED TRACT MAP NOS. 31732 AND 31733)
RECOMMENDED ACTION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 13
STUDY SESSION:
PUBLIC HEARING:
Adopt a resolution to extend the time to complete off -site and on -site improvements as
specified in the approved Subdivision Improvement Agreements for Amended Tract Map
Nos. 31732 and 31733, Palizada, to June 16, 2016.
EXECUTIVE SUMMARY:
• The Palizada developer, KB Home Coastal, Inc., has requested City Council approval
of time extensions of the Subdivision Improvement Agreements to October 2018
for completion the off -site and on -site improvements to allow more time to
market this project.
• No development has occurred beyond rough grading of the site and, to date, there
have been no public requests for completion of off -site and on -site improvements.
• Whereas more than a one-year extension without extenuating circumstances is
atypical, staff recommends the extension be approved to June 16, 2016.
FISCAL IMPACT:
None. Bonds of sufficient value are currently in place to secure the incomplete
improvements.
BACKGROUND/ANALYSIS:
On June 5, 2007, City Council approved Amended Tract Map Nos. 31732 and 31733 for the
Palizada development, located south of Avenue 60 and east of Monroe Street
(Attachment 1). No development has occurred beyond rough grading of the site. In a
letter dated May 14, 2015 (Attachment 2), the developer requested a three-year time
extension to allow more time to look for ways to bring this project to market. Staff has
not received public requests regarding completion of these off -site and on -site
improvements, and therefore recommends approval of the extension to the Subdivision
Improvement Agreements for this project to June 16, 2016 for completion of the off -site
and on -site improvements.
ALTERNATIVES:
Council may opt to grant a time extension for two years to June 16, 2017; however, as
developers are not typically granted more than a one-year extension without extenuating
circumstances, this alternative is not recommended. Please note that the municipal code
allows a maximum of two years for time extensions on Subdivision Improvement
Agreements.
Report prepared by: Bryan McKinney, P.E., Principal Engineer
Report approved for submission by: Timothy R. Jonasson, P.E.
Public Works Director/City Engineer
Attachments: 1. Vicinity Map
2. Letter from KB Home Coastal, Inc.
RESOLUTION NO.2015 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, GRANTING EXTENSIONS OF TIME
TO JUNE 16, 2016 FOR THE COMPLETION OF THE OFF -SITE
AND ON -SITE IMPROVEMENTS AS SPECIFIED IN THE
SUBDIVISION IMPROVEMENT AGREEMENTS FOR
AMENDED TRACT MAP NOS. 31732 AND 31733, PALIZADA
WHEREAS, the City Council approved the Amended Subdivision Improvement
Agreements (SIA) for Amended Tract Map Nos. 31732 and 31733, Palizada, on June 5,
2007;and
WHEREAS, Section 6. Completion of Improvements, of the approved SIA
requires that the developer begin construction of the improvements within ninety
days and complete the construction within twelve months after the approval of the
Agreements; and
WHEREAS, failure by the developer to complete construction of the off -site and
on -site improvements by February 4, 2015 shall constitute cause for the City, in its
sole discretion and when it deems necessary, to declare the Subdivider in default of
the approved agreements; and
WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the
City Council's sole and absolute discretion, an extension of time for completion of the
improvements with additions or revisions to the terms and conditions of the
Agreements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta,
California, as follows:
SECTION 1. The time for the completion of the off -site and on -site improvements as
required by the approved SIA is extended to June 16, 2016.
SECTION 2. The time extensions for completing the off -site and on -site improvements
shall expire when City offices close for regular business on June 16, 2016 if the
installation of the off -site and on -site improvements has not been completed.
SECTION 3. The provided security amount as required in the approved SIA is
satisfactory. No additional securities are required.
SECTION 4. All other terms, responsibilities and conditions as listed in the approved
SIA shall remain in full force and effect.
Resolution No. 2015-
Tract Map Nos. 31732 and 31733
Adopted: June 16, 2015
Page 2
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council held on this 16t" day of June 2015, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
ATTACHMENT 1
AMENDED TM 31732 & 31733 PALIZADA
PROD I
AMEN
31732
VICINITY MAP
NOT TO SCALE
ATTACHMENT 2
May 14th, 2015
City of La Quinta
Public Works Dept.
78-495 Calle Tampico
La Quinta, CA 92253
Attn: Timothy R. Jonassen, P.E., Public Works Director/City Engineer
RE: Amended Tract 31732 & 31733, Palizada Project at Ave. 60 & Monroe
Mr. Jonassen,
As a result of shifting market conditions, KB Home Coastal, Inc. continues to look for
ways to bring the Palizada Project to market and as such respectfully requests that the
Subdivision Improvement Agreements for the Amended Tracts 31732 and 31733 be extended
for an additional three years until October, 2018.
If you have any questions or concerns please call me direct at 951-691-5239.
Sincerely yours,
Scott Hansen
Director, Land and Planning
KB Home Coastal, Inc.
36310 Inland Valley Drive, Wildomar, CA 92595
Tel. (951) 691-5300 Fax (951) 677-2190
CITY / SA / HA / FA MEETING DATE: June 2, 2015 AGENDA CATEGORY:
BUSINESS SESSION:
ITEM TITLE: APPROVE PLANS, SPECIFICATIONS AND
ENGINEER'S ESTIMATE AND ADVERTISE FOR BIDS FOR THE CONSENT CALENDAR: 14
MONROE STREET PAVEMENT REHABILITATION PROJECT
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Approve the plans, specifications and engineer's estimate and authorize staff to
advertise for bids for the Monroe Street Pavement Rehabilitation project.
EXECUTIVE SUMMARY:
• The Monroe Street Pavement Rehabilitation Project, between Avenue 54 and
400 feet south of Mountain View Lane, was identified as a high priority project
during the Capital Improvement Program Study Session on April 7, 2015.
• The plans, specifications, and engineer's estimate are now complete and
recommended for City Council's approval for advertisement for bids.
FISCAL IMPACT:
A total of $350,000 is budgeted in the 2014/2015 Capital Improvement Program. The
engineer's estimate of probable construction cost is $250,000. The following is the
anticipated project expenditures:
BUDGET LINE ITEM
BUDGET
Professional/Design:
$ 41,400
Technical
(Inspection/Test/Survey):
$ 23,500
Construction:
$250,000
Contingency:
$ 23,100
City Administration:
$ 12,000
TOTAL BUDGET:
$350,000
BACKGROUND/ANALYSIS:
The proposed improvements will remove and replace the deteriorated pavement on
the west side of Monroe Street between Avenue 54 and 400 feet south of Mountain
View Lane (Attachment 1). The pavement rehabilitation will match the work
performed by the County of Riverside on the east side of the roadway. An additive
alternative to remove the sand berm, which has accumulated on the west shoulder of
the roadway near the intersection of Avenue 54, is included in the project plans.
The plans, specifications, and engineer's estimate are now complete and available for
review in the Public Works Department. Contingent upon City Council's approval to
advertise the project for construction bids, the following is the proposed schedule:
City Council Considers Bid Authorization
Bid Period
Council Considers Project Award
Execute Contract and Mobilize
Construction (20 Working Days)
Accept Improvements
ALTERNATIVES:
June 16, 2015
June 17 through July 16, 2015
July 21, 2015
July 22 through August 12, 2015
August through September 2015
October 2015
Considering this project is a high priority and is best constructed during summer
months when there will be less disruption to residents, 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
ATTACHMENT 1
CITY / SA / HA / FA MEETING DATE: June 16, 2015 AGENDA CATEGORY:
BUSINESS SESSION:
ITEM TITLE: APPROVE A CONTRACT WITH CONSERVE
LANDCARE FOR PROJECT NO. 2014-15, PARK LANDSCAPE CONSENT CALENDAR: 15
MAINTENANCE SERVICES STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Approve a Contract in the amount of $444,960 with Conserve Landcare for Park
Landscape Maintenance Services.
EXECUTIVE SUMMARY:
• The City contracts maintenance of its parks and facility landscapes.
• The current contract, with Vintage Associates, will expire June 30, 2015, after a
five-year term.
• Conserve Landcare is the lowest responsive bidder. Upon Council approval,
services will begin July 1, 2015.
FISCAL IMPACT:
This contract (Attachment 1) has three funding sources with annual costs totaling
$444,960 as follows:
$342,900 General Fund
$69,780 Lighting & Landscape District Fund
$32,280 Library & Museum Fund
BACKGROUND/ANALYSIS:
Park Landscape Maintenance Services provides for daily cleaning and weekly
maintenance of all City parks, facility landscapes (except fire stations), and the natural
areas in the Bear Creek Trail, Cove Oasis, and Fred Wolff Nature Preserve.
The current landscape maintenance contract expires on July 1, 2015. Since this was
the end of a five-year term, the City solicited bids for these services. The bid
documents included new State requirements for prevailing and minimum wages.
There was also a requirement for the contractor to be a Certified Landscape Irrigation
Auditor. Due to concerns about water usage and the new State water restrictions, the
contractor will be responsible to pay for additional irrigation costs that are within their
control and not rated as "Efficient" or Excellent" by the Coachella Valley Water
District. In situations of backflow theft, vandalism, broken mainlines, or City events
that require additional water, the contractor will not be responsible for additional
water usage costs.
A mandatory pre -bid conference was held on May 21, 2015. Only four interested
contractors attended the meeting.
In order to qualify for the Park Landscape Maintenance Services contract, the
contractors were required to possess the following at the time the bid was submitted:
• Class C-27 (Landscaping Contractor) License;
At least one staff member who has a State Pesticide Applicators License;
A Certified Arborist;
Certification in the Operation of Maxicom systems; and
A Certified Landscape Irrigation Auditor.
Three sealed bids were submitted on Friday, June 5, 2015. Conserve Landcare, located
in Thousand Palms, CA was the lowest responsive bidder in the amount of $444,960.
ALTERNATIVES:
Since the current contract for Park Landscape Maintenance Services has completed its
full term, no alternatives are being recommended.
Report prepared by: Steve Howlett, Golf, Parks, & Facilities Manager
Report approved for submission by: Edie Hylton, Deputy City Manager
Attachment: 1. Park Landscape Maintenance Services Contract
ATTACHMENT 1
SECTION 1300
MNTRA[_T
THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal
corporation, herein referred to as "City," and CONSERVE LANDCARE, herein referred to as,
"Contractor."
WITNESSETH:
In consideration of their mutual covenants, the parties hereto agree as follows:
1. Contractor shall furnish all necessary labor, material, equipment, transportation and
services for City Project No. 2014-15, Park Landscape Maintenance Services in the City of
La Quinta, California pursuant to the Invitation to Bid, dated (May,2015), the project
Specifications, and Contractor's Bid, all of which documents shall be considered a part
hereof as though fully set herein.
Should any provisions of Contractor's Bid be in conflict with the Notice Inviting
Bids, Specifications, or this Contract, then the provisions of said Contract, Specifications,
and Invitation to Bid shall be controlling, in that order of precedence. The time frame for
work shall be in accordance with that specified in the Invitation to Bid.
2. Contractor will comply with all Federal, State, County, and La Quinta Municipal
Code, which are, as amended from time to time, incorporated herein by reference.
3. All work shall be done in a manner satisfactory to the Golf, Parks, & Facilities
Manager.
4. Contractor shall commence work on July 1, 2015 after the issuance of a written
Notice to Proceed.
5. In consideration of said work, City agrees to pay Contractor such sums as shall be
approved by Golf, Parks, & Facilities Manager at monthly sums and/or unit prices stated in
the Contractor's Bid, the base consideration ($444,960.00). All payments shall be subject
to approval by the Golf, Parks, & Facilities Manager and shall be in accordance with the
terms, conditions, and procedures provided in the Specifications.
6. The Contractor shall not knowingly pay less than the general prevailing rate for per
diem wages, as determined by the State of California Department of Industrial Relations
and referred to in the Invitation to Bid, to any workman employed for the work to be
performed under this contract; and the Contractor shall forfeit as a penalty to the City the
sum WTwenty-Five Dollars ($25.00) for each calendar day, or fraction thereof, for such
workman paid by him or by any subcontractor under him in violation of this provision
(Sections 1770-1777, Labor Code of California).
Pursuant to Section 1770, et. seq., of the California Labor Code, the successful bidder
shall pay not less than the prevailing rate of per diem wages as determined by the Director
of the California Department of industrial Relations. These wage rates are available from
Contract 1300-1
the California Department of Industrial Relations' Internet website at
http://www.dir.ca.gov.
Pursuant to Section 1725.5 of the California Labor Code, no contractor or subcontractor
may be awarded a contract for public work on a public works project unless registered
with the Department of Industrial Relations at the time the contract is awarded.
Contractors and subcontractors may find additional information for registering at the
Department of Industrial Relations website at http://www.dir.ca.gov/Public-
Works/PublicWorks.html.
Pursuant to Labor Code section 1771.1, no contractor or subcontractor may be listed on a
bid proposal for a public works project submitted on or after March 1, 2015 unless
registered with the Department of Industrial Relations. Furthermore, all bidders and
contractors are hereby notified that no contractor or subcontractor may be awarded, on or
after April 1, 2015, a contract for public work on a public works project unless registered
with the Department of Industrial Relations.
Pursuant to Labor Code section 1771.4, all bidders are hereby notified that this project is
subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of
a surety satisfactory to City, as provided in said Specifications or Invitation to Bid, the cost
of which shall be paid by Contractor.
8. Except for the gross negligence or willful misconduct of an Indemnified Party (as
hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at
Indemnified Parties' option), indemnify, protect and hold harmless City and its Project
Consultants, and Engineers, officers, agents, and employees ("Indemnified Parties") from
and against any and all claims, charges, damages, demands, actions, proceedings, losses,
stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties,
liabilities of any kind or nature whatsoever, which may be sustained or suffered by or
secured against the Indemnified Parties arising out of or encountered in connection. with
this Contract or the performance of the Work including, but not limited to, death of or
bodily or personal injury to persons or damage to property, including property owned by or
under the care and custody of City, and for civil fines and penalties, that may arise from or
be caused, in whole or in part, by any negligent or other act or omission of Contractor, its
officers, agents, employees or Subcontractors including, but not limited to, liability arising
from:
1. Any dangerous, hazardous, unsafe or defective condition of, in or on the
premises, of any nature whatsoever, which may exist by reason of any act,
omission, neglect, or any use or occupation of the premises by Contractor, its
officers, agents, employees, or subcontractors;
2. Any operation conducted upon or any use or occupation of the premises by
Contractor, its officers, agents, employees, or subcontractors under or pursuant to
the provisions of this contract or otherwise;
3. Any act, omission or negligence . of Contractor, its officers, agents,
employees, or Subcontractors;
Contract 1300-2
4. Any failure of Contractor, its officers, agents or employees to comply with
any of the terms or conditions of this Contract or any applicable federal, state,
regional,.or municipal law, ordinance, rule or regulation; and
5. The conditions, operations, uses, occupations, acts, omissions or negligence
referred to in Sub -subsections (1), (2), (3), and (4), existing or conducted upon or
arising from the use or occupation by Contractor on any other premises in the care,
custody and control of City.
The Contractor also agrees to indemnify City and pay for all damages or loss suffered by
City including but not limited to damage to or loss of City property, to the extent not
insured by City and loss of City revenue from any source, caused by or arising out of the
conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub -
subsections (1), (2), (3), (4) and (5).
Contractor's obligations under this Section apply regardless of whether or not such claim,
charge, damage, demand, action, proceeding, loss, stop notice, cost expense, judgment,
civil fine or penalty, or liability was caused in part or contributed to by an Indemnified
Party. However, without affecting the rights of City under any provision of this Contract,
Contractor 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 Contract
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 City's active negligence
accounts for only a percentage of the liability involved, the obligation of Contractor will be
for that entire portion or percentage of liability not attributable to the active negligence of
City.
Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this section from each and every subcontractor or any other person
or entity involved by, for, with or on behalf of Contractor in the performance of this
Contract. In the event Contractor fails to obtain such indemnity obligations from others as
required here, Contractor agrees to be fully responsible according to the terms of this
section.
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 here is binding on the successors,
assigns or heirs of Contractor and shall survive the termination of this Contract or this
section.
This indemnity shall survive termination of the Contract or Final Payment hereunder. This
Indemnity is in addition to any other rights or remedies that the Indemnified Parties may
have under the law or under any other Contract Documents or Agreements. In the event
of any claim or demand made against any party which is entitled to be indemnified
hereunder, City may, in its sole discretion, reserve, retain or apply any monies to the
Contractor under this Contract for the purpose of resolving such claims; provided,
however, City may release such funds if the Contractor provides City with reasonable
assurance of protection of the Indemnified Parties' interests. City shall, in its sole
discretion, determine whether such assurances are reasonable.
Contract 1300-3
Approval of any insurance contracts by the City does not relieve the Contractor or
subcontractors from liability under Section 1340-1.0, Indemnification of the Specifications.
The City will not be liable for any accident, loss, or damage to the work prior to its
completion and acceptance.
9. Contractor shall hold the County of Riverside, its officers, agents and employees
free and harmless from any liability whatsoever, including wrongful death, based or
asserted upon any act or omission of principal, its officers, agents, employees or sub-
contractors relating to or in any way connected with or arising from the accomplishment of
the work, whether or not such acts or omissions were in furtherance of the work requires
by the Contract Documents and agrees to defend at his expense, including attorney fees,
City of La Quinta, County of Riverside, its officers, agents, employees and Independent
Architect in any legal action based on any such alleged acts or omissions.
10. Except as otherwise required, Contractor shall concurrently with the execution of
this contract, furnish the City satisfactory evidence of insurance of the kinds and in the
amounts provided in said Specifications, Section 1340-2.0, Insurance Requirements. This
insurance shall be kept in full force and effect by Contractor during this entire contract and
all premiums thereon shall be promptly paid by it. Each policy shall further state that it
cannot be canceled without 30 days unconditional written notice to the City and shall
name the City as an additional insured on the Commercial General Liability policy only.
Contractor shall furnish evidence of having in. effect, and shall maintain Workers
Compensation Insurance coverage of not less than the statutory amount or otherwise
show a certificate of self-insurance, in accordance with the Workers Compensation laws of
the State of California. Failure to maintain the required amounts and types of coverage
throughout the duration of this Contract shall constitute a material breach of this Contract.
11. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or
mechanic employed in the execution of this Contract by said Contractor, or any
subcontractor under it, upon any of the work herein mentioned, for each calendar day
during which such laborer, workman, or mechanic is required or permitted to work at other
than a rate of pay provided by law for more than 8 hours in any one calendar day and 40
hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of
the Labor Code of the State of California.
12. In accepting this Contract, Contractor certifies that in the conduct of its business it
does not deny the right of any individual to seek, obtain and hold employment without
discrimination because of race, religious creed, color, national origin, ancestry, physical
handicap, medical condition, marital status, sex or age as provided in the California Fair
Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees
that a finding by the State Fair Employment Practices Commission that Contractor has
engaged during the term of this Contract in any unlawful employment practice shall be
deemed a breach of this Contract and Contractor shall pay to City $1,607.00 liquidated
damages for each such breach committed under this contract.
13. Contractor also agrees that for contracts in excess of $30,000 and more than 20
calendar days duration, that apprentices will be employed without discrimination in an
approved program in a ratio established in the apprenticeship standards of the craft
involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who
willfully fail to comply will be denied the right to bid on public projects for a period of six
months in addition to other penalties provided by law.
Contract 1300-4
14. This Contract shall not be assignable by Contractor without the written consent of
City.
15. In accepting this Contract, Contractor certifies that no member or officer of the firm
or corporation is an officer or employee of the City except to the extent permitted by law.
16. Contractor certifies that it is the holder of any necessary California State
Contractor's License and authorized to undertake the above work.
17. The City, or its authorized auditors or representatives, shall have access to and the
right to audit and reproduce any of the Contractor records to the extent the City deems
necessary to insure it is receiving all money to which it is entitled under the contract
and/or is paying only the amounts to which Contractor is properly entitled under the
Contract or for other purposes relating to the Contract.
18. The Contractor shall maintain and preserve all such records for a period of at least
three years after termination of the contract.
19. The Contractor shall maintain all such records in the City of La Quinta. If not, the
Contractor shall, upon request, promptly deliver the records to the City or reimburse the
City for all reasonable and extra costs incurred in conducting the audit at a location other
than at City offices including, but not limited to, such additional lout of the City) expenses
for personnel, salaries, private auditors, travel, lodging, meals and overhead.
20. The further terms, conditions, and covenants of the Contract are set forth in the
Contract Documents, each of which is by this reference made a part hereof.
Contract 1300-5
IN WITNESS WHEREOF, the parties have executed this Contract as of the dates
stated below.
"CITY"
CITY OF LA QUINTA,
a California municipal corporation
Dated • By:
Frank J. Spevacek, City Manager
ATTEST:
Dated:
Susan Maysels, City Clerk
APPROVED AS TO FORM:
Dated:
City Attorney
"CONTRACTOR"
(If corporation, affix seal)
Dated: 11?1,14— By:
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Address: QCC AJ (;t��t�,
Street Address City State Zip Code 2
E-mail: '� t g pt Z CDC'l`o/� Gi✓t� CGi �� • C.Dr� fr
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Dated:
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Title:
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Street Address City State Zip Code
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Contract 1300-6
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C OF
CITY / SAS HAS FA MEETING DATE: June 16, 2015 AGENDA CATEGORY:
ITEM TITLE: APPROVE PARAMETERS GOVERNING NEWLY- BUSINESS SESSION:
CREATED ALTERNATE POSITIONS ON CITY BOARDS AND
COMMISSIONS CONSENT CALENDAR: 16
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Approve the parameters governing the newly -established Alternate position on City
boards/commissions.
EXECUTIVE SUMMARY:
• A policy to appoint Alternates to city boards/commissions to flit mid-term
vacancies was adopted in January 2015 in order to streamline the appointment
process.
• Parameters governing Alternate positions (Attachment 1), such as purpose,
appointments, term, qualifications, quorum, compensation and removal need
to be established.
FISCAL IMPACT:
None.
BACKGROUNWANALYSIS:
In response to the Council's request to develop a more efficient process for fitting mid-
term vacancies, staff presented options at the January 6, 2015 Council meeting. At
that meeting, Council elected to adopt a policy whereby it appoints Alternates along
with voting members annually every June. The new policy eliminates the need for
multiple interview/appointment sessions throughout the year.
The first Alternates were appointed at the annual interview/appointment meeting on
June 2, 2015. The Alternates will begin in their new role starting July 1, 2015. The
parameters of the position should be set before the first meeting so that the
Alternate, Planning staff, and Commissioners clearly understand the role.
The sections listed on Attachment 1 follow those of the Municipal Code chapter that
deals with boards/commissions and, where applicable, the Municipal Code conditions
apply to Alternates as well.
ALTERNATIVES:
Council may amend, add or delete any parameter governing Alternate positions.
Report prepared by: Susan Maysels, City Clerk
Report approved for submission by: Frank J. Spevacek, City Manager
Attachment: 1. Parameters governing Alternate positions
Attachment 1
ALTERNATES FOR CITY BOARDS/COMMISSIONS
Initiated January 6, 2015, first appointed June 2, 2015
DEFINITION AND PURPOSE
Alternate Board/Commission members (Alternates) were established to fill mid-term
vacancies of sitting Board/Commission members if they resign during their term.
Alternates do not fill in for and/or vote on behalf of a voting member who is absent.
Alternates are unpaid, non -voting members of boards/commissions who need not
attend all meetings but are expected to remain current on all matters before their
assigned board/commission. Alternates will be provided all meeting agendas and
reports.
APPOINTMENTS
The Council shall appoint all Alternates and will do so using the same procedure used
to appoint board/commission members (see Municipal Code Chapter 2.06.020).
The Council may appoint one, two or no Alternates to any board/commission. If more
than one Alternate is appointed to a single board/commission, the Council will number
each Alternate's seat as Alternate No. 1, and Alternate No. 2 to indicate the order in
which they will fill mid-term vacancies as they arise.
TERM
Alternates shall serve until such time as they fill a mid-term vacancy, are appointed to
a voting seat on any City board/commission, submit their resignation, or are removed
by the Council.
QUALIFICATIONS
Alternates shall possess the same qualifications as the voting members of the
board/commission to which they are assigned, and shall meet the qualifications set
forth in Municipal Code Section 2.06.040.
QUORUM
Alternate seats shall not be counted for the purposes of determining a quorum.
COMPENSATION
Alternates shall serve without compensation.
REMOVAL FROM POSITION
Any Alternate may be removed at any time, with or without cause, by a majority vote
of the Council.
AGENDA CATEGORY:
CITY / SA / HA / FA MEETING DATE: June 16, 2015
BUSINESS SESSION:
ITEM TITLE: APPROVE CONTRACT SERVICES
CONSENT CALENDAR: 17
AGREEMENT WITH THE LA QUINTA ARTS
FOUNDATION STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Approve a Contract Services Agreement with the La Quinta Arts Foundation for the
2016 La Quinta Arts Festival and various other special events, and authorize the City
Manager to execute the Agreement.
EXECUTIVE SUMMARY:
• Annually, the City and the La Quinta Arts Foundation (Foundation) negotiate an
agreement wherein the City provides funding to promote Foundation events.
• The events provide opportunities to market the community and attract users
who patronize La Quinta businesses.
• The 2016 Agreement (Attachment 1) covers the Arts Festival, Art Under the
Umbrellas and a Community Gallery at City Hall.
FISCAL IMPACT:
The Agreement is in the amount of $103,130. The City also provides an exemption for
Facility Use Fees in the amount of $24,020 for use of the Civic Center Campus and the
Wellness Center.
This year, the City received $45,558 in combined sales tax and business license
revenue from the Art Under the Umbrellas and La Quinta Arts Festival.
BACKGROUND/ANALYSIS:
The City and Foundation have had a partnership since 1987. During this time, the City
contracted with the Foundation to market the community by sponsoring events that
attract visitors. The proposed Agreement will fund promotions for Foundation special
events in the Village and marketing activities for the 2016 La Quinta Arts Festival.
The Foundation is to provide the City with a comprehensive marketing plan. The
marketing plan outlines methods used by the Foundation to promote the event and
City. The Agreement provides that the City will be the Premier Sponsor of the La
Quinta Arts Festival and the City name will be prominently displayed on print and web
materials and in a full -page advertisement in the event program. Staff of both
agencies are working together to increase the collaborative marketing efforts for the
Art Under the Umbrellas, the La Quinta Arts Festival and the development of a
Community Gallery located at City Hall (located between the lobby and City Manager's
offices). The Foundation also agrees to maintain an Artist's Registry for the City that
can be accessed by developers who desire artwork for their projects. The Foundation's
Final Report for 2014/2015 is attached (Attachment 2).
ALTERNATIVES:
The alternatives to the recommended action entail modifying the services or funding
level.
Report prepared by: Tustin Larson, Marketing & Events Supervisor
Report approved for submission by: Edie Hylton, Deputy City Manager
Attachments: 1. Agreement
2. Foundation's 2014/2015 Final Report
ATTACHMENT 1
CONTRACT SERVICES AGREEMENT
THIS CONTRACT SERVICES AGREEMENT (the "Agreement") is made and
entered into as of , 2015 by and between the CITY OF LA QUINTA,
a California municipal corporation ("City"), and LA QUINTA ARTS FOUNDATION, a
California public benefit nonprofit corporation ("Contractor").
RECITALS
WHEREAS, City desires to utilize the services of Contractor as an independent
contractor to promote the City by creating and producing the La Quinta Arts Festival and
various special events and activities (collectively, the "CONTRACTOR Events").
A. Contractor represents that it is fully qualified to perform such services by
virtue of its experience and the training, education and expertise of its principals and
employees.
B. City desires to retain Contractor, and Contractor desires to serve City to
perform these services subject to the terms contained herein and all applicable local,
state and federal laws and regulations.
NOW, THEREFORE, in consideration of the performance by the parties of the
mutual promises, covenants, and conditions contained herein, the parties agree as
follows:
1.0 SERVICES OF CONTRACTOR
1.1. Scope of Services. In compliance with all terms and conditions of this
Agreement, Contractor shall promote the City by creating and providing those
CONTRACTOR Events as specified in the "Scope of Services" attached hereto as
Exhibit "A" and incorporated herein by this reference (the "services" or "work").
Contractor warrants that all services will be performed in a competent, professional and
satisfactory manner in accordance with the standards prevalent in the industry for such
services.
1.2. Comoliance 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, Contractor shall obtain at its sole cost and expense such licenses, permits and
approvals as may be required by law for the performance of the services required by
this Agreement. Contractor shall 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.
me
1A. Familiaritv with Work. By executing this Agreement, Contractor warrants that (a)
it has thoroughly investigated and considered the work to be performed, (b) it has
investigated the site of the work and fully acquainted itself with the conditions there
existing, (c) it has carefully considered how the work should be performed, and (d) it
fully understands the facilities, difficulties and restrictions attending performance of the
work under this Agreement. Should Contractor discover any latent or unknown
conditions materially differing from those inherent in the work or as represented by City,
it shall immediately inform City of such fact and shall not proceed except at Contractor's
risk until written instructions are received from the Contract Officer (as defined in
Section 4.2 hereof).
1.5. Standard of Care. Contractor acknowledges and understands that the services
and work contracted for under this Agreement require specialized skills and abilities and
that, consistent with this understanding, Contractor's services and work will be held to a
heightened standard of quality and workmanship. Consistent with Section 1.4
hereinabove, Contractor represents to City that it holds the necessary skills and abilities
to satisfy the heightened standard of work as set forth in this Agreement. Contractor
shall adopt reasonable methods during the life of the Agreement to furnish continuous
protection to the work performed by Contractor, and the equipment, materials, papers
and other components thereof to prevent losses or damages, and shall be responsible
for all such damages, to persons or property, until acceptance of the work by City,
except such losses or damages as may be caused by City's own negligence. The
performance of services by Contractor shall not relieve Contractor from any obligation to
correct any incomplete, inaccurate or defective work at no further cost to City, when
such inaccuracies are due to the negligence of Contractor.
1 • 0
For the services rendered pursuant to this Agreement, Contractor shall be compensated
in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount of
One Hundred Three Thousand One Hundred Thirty Dollars and Zero Cents
($103,130.00) [the "Contract Sum"] to be paid within 30 days of execution of this
Agreement.
3.1. Time of Essence. Time is of the essence in the performance of this Agreement.
3.2. Schedule of Performance. All services rendered pursuant to this Agreeme
shall be performed diligently and within the time period established in Exhibit "C" (th
"Schedule of Performance"). Extensions to the time, period specified in the Schedule
Performance may be approved in writing by the Contract Officer.
• fal
-2-
severe weather, if Contractor shall notify the Contract Officer in writing of the causes of
the delay. The Contract Officer shall ascertain the facts and the extent of delay, and
extend the time for performing the services for the period of the forced delay when and
if in his or her judgment such delay is justified, and the Contract Officer's determination
shall be final and conclusive upon the parties to this Agreement.
3.4. Term. Unless earlier terminated in accordance with Section 8.6 of this
Agreement, this Agreement shall commence on July 1, 2015 and terminate on June 30,
2016 (the "Term").
4.1. Representative of Contractor. The following principals of Contractor are hereby
designated as being the principals and representatives of Contractor authorized to act in
its behalf with respect to the work specified herein and make all decisions in connection
therewith:
a. Christi Salamone, Executive Director, Email: ChristiCa),LQAFcom
b. La Quinta Arts Foundation President
It is expressly understood that the experience, knowledge, capability, and reputation of
the foregoing principals were a substantial inducement for City to enter into this
Agreement. Therefore, the foregoing principals shall be responsible during the term of
this Agreement for directing all activities of Contractor and devoting sufficient time to
personally supervise the services hereunder. The foregoing principals may not be
changed by Contractor and, except for Contractors employees and as otherwise
provided in Section 4.3 below, no other personnel may be assigned to perform the
service required hereunder without the express written approval of City.
42 Contract Officer. The Contract Officer shall be Frank J. Spevacek, City Manager
or such other person as may be designated in writing by the City Manager of City. It
shall be Contractor's responsibility to assure that the Contract Officer is kept informed of
the progress of the performance of the services and Contractor shall refer any decisions
which must be made by City to the Contract Officer. Unless otherwise specified herein,
any approval of City required hereunder shall mean the approval of the Contract Officer.
4.3. Prohibition Against Subcontracting orAssignment. The experience, knowledge,
capability and reputation of Contractor, its principals and employees were a substantial
inducement for City to enter into this Agreement. Except as set forth in this Agreement,
Contractor shall not subcontract with any other entity to perform in whole or in part the
services required hereunder without the express written approval of City. In addition,
neither this Agreement nor any interest herein may be assigned or transferred,
voluntarily or by operation of law, without the prior written approval of City. Any
attempted or purported assignment or sub -contracting by Contractor without the City's
express written approval shall be null, void and of no effect. Notwithstanding this
general prohibition, Contractor shall be permitted to subcontract for the following
ancillary services: security services, fencing, traffic control, food and beverage vendors,
parking -related services, and similar ancillary services which were provided by
subcontract in connection with the 2014/15 CONTRACTOR Events.
-3-
4.4. Indevendent Contractor. Neither City nor any of its employees shall have any
control over the manner, mode or means by which Contractor, its agents or employees,
perform the services required herein, except as otherwise set forth. Contractor shall
perform all services required herein as an independent contractor of City and shall
remain at all times as to City a wholly independent contractor with only such obligations
as are consistent with that role. Contractor shall have no power to incur any debt,
obligation, or liability on behalf of City. Contractor shall not at any time or in any manner
represent that it or any of its agents or employees are agents or employees of City.
Contractor agrees to pay all required taxes on amounts paid to Contractor under this
Agreement, and to indemnify and hold City harmless from any and all taxes,
assessments, penalties, and interest asserted against City by reason of the
independent contractor relationship created by this Agreement. Contractor shall fully
comply with the workers' compensation laws regarding Contractor and Contractor's
employees. Contractor further agrees to indemnify and hold City harmless from any
failure of Contractor to comply with applicable workers' compensation laws. City shall
have the right to offset against the amount of any fees due to Contractor under this
Agreement any amount due to City from Contractor as a result of Contractor's failure to
promptly pay to City any reimbursement or indemnification arising under this Section
4.4.
4.5. City Cooperation. City shall provide Contractor with any plans, publications,
reports, statistics, records or other data or information pertinent to services to be
performed hereunder which are reasonably available to Contractor only from or through
action by City.
5.0 INSURANCE.
5.1. Insurance. Prior to the beginning of any Work under this Agreement and
throughout the duration of the term of this Agreement, Contractor shall procure and
maintain, at its sole cost, and submit concurrently with its execution of this Agreement,
insurance as described herein. All insurance coverage required by this Agreement shall
be placed with insurers authorized to do business in the State of California with an A.M.
Best and Company rating level of A- or better, Class VI or better, unless otherwise
approved by the City's Risk Manager in writing.
5.1.1. Minimum Coverage. Insurance shall include the following (or broader)
coverage:
a. Insurance Services Office Commercial General Liability coverage
"occurrence" form CG 00 01 or its equivalent with an edition date prior to
2004 and with minimum limits of $1,000,000 per occurrence and
$2,000,000 in the aggregate.
b. Insurance Services Office form number CA 0001 or equivalent
covering Automobile Liability, including hired and non -owned automobile
liability with a minimum limit of $1,000,000 per accident. If Contractor
owns no vehicles, this requirement may be satisfied by a non -owned and
hired auto endorsement to Contractor's commercial general liability policy.
C. Contractor shall carry Workers' Compensation Insurance complying
with California's worker's compensation laws, including statutory limits for
workers' compensation and an Employer's Liability limit no less than
$1,000,000 per accident or disease.
5.1.2. Required Endorsements. Commercial General Liability insurance policies
required to be provided by Contractor hereunder shall contain or be endorsed to
contain the following provisions:
a. City, its employees, officials, agents and member agencies shall be
covered as additional insureds. Coverage shall apply to any and all
liability arising out of the Work or related to the Contract. Additional
insured status under the general liability requirement shall be provided on
Insurance Services Office Form CG 20 10 with an edition date prior to
2004, or its equivalent. Additional insured status for completed operations
shall be provided either in the additional insured form or through another
endorsement such as CG 20 37 with an edition date prior to 2004.
b. General and automobile liability insurance shall apply separately to
each insured against whom a claim is made or suit is brought, except with
respect to the limits of the insurer's liability. Coverage will not be limited to
City's vicarious liability.
C. Liability coverage shall be primary and non-contributing with any
insurance maintained by the City.
d. Each policy required hereunder, and the associated evidence of
coverage (including the workers' compensation and employer's liability
policies), shall provide that coverage shall not be suspended, voided,
canceled or reduced in coverage or in limits except after prior written
notice has been given to City. Such provision shall not include any
limitation of liability of the insurer for failure to provide such notice.
e. No liability insurance coverage provided to comply with this
Agreement shall prohibit Contractor, or Contractor's employees, or agents,
from waiving the right of recovery prior to a loss. Contractor waives its
right of recovery against City.
5.1.3. Verification of Coverag . Contractor shall deposit with City, prior to the
date of the Initial Event set forth on Exhibit "A", certificates of insurance
evidencing the coverage required hereunder and all required endorsements.
5.1.4. No Waiver or Obligation. There shall be no recourse against City for
payment of premiums or other amounts with respect to the insurance required to
be provided by Contractor hereunder. Any failure, actual or alleged, on the part
of City to monitor compliance with these requirements will not be deemed as a
waiver of any rights on the part of City. City has no additional obligations by
virtue of requiring the insurance set forth herein. In the event any policy of
insurance required under this Agreement does not comply with these
requirements or is canceled and not replaced, City has the right but not the duty
to obtain the insurance it deems necessary and any premium paid by City will be
promptly reimbursed by Contractor or City will withhold amounts sufficient to pay
premium from Contractor payments.
5.1.5. Prompt Notice. Contractor agrees to provide immediate notice to City of
any claim or loss against Contractor arising out of the work performed under this
agreement. City assumes no obligation or liability by such notice, but has the
right (but not the duty) to monitor the handling of any such claim or claims if they
are likely to involve City
5.1.6. Subcontractors. Contractor shall include all subcontractors, if any, as
insureds under its policies or shall furnish separate certificates and
endorsements for each subcontractor approved by City. All coverages for
subcontractors, if any, shall be subject to all of the requirements stated herein
unless otherwise approved in advance in writing by City's Risk Manager.
6.0 INDEMNIFICATION.
6.1 Indemnification. To the fullest extent permitted by law, Contractor shall
indemnify, protect, defend and hold harmless City and any and all of its officials,
employees and agents ("Indemnified Parties") from and against any and all liability,
claims, suits, actions arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses or costs of any kind, whether actual, alleged or
threatened, including, without limitation, incidental and consequential damages, actual
attorney fees incurred by City, court costs, interest, defense costs including fees of
expert Contractors or expert witnesses incurred in connection therewith and any other
costs or expenses of any kind whatsoever incurred in relation to, as a consequence of
or arising out of or in any way attributable in whole or in part to the performance of this
agreement. All obligations under this provision are to be paid by Contractor as the City
incurs them.
6.1.1. Exception to, Contractor's Obligation to Indemni Without affecting the
rights of City under any provision of this agreement or this section, Contractor
shall not be required to indemnify and hold harmless City as set forth above for
liability attributable to the sole fault of City, provided such sole fault is determined
by agreement between the parties or by the findings of a court of competent
jurisdiction. This exception will apply only in instances where City is shown to
have been solely at fault and not in instances where Contractor is solely or
partially at fault or in instances where City's fault accounts for only a percentage
of the liability involved. In those instances, the obligation of Contractor will be all-
inclusive and City will be indemnified for all liability incurred, even though a
percentage of the liability is attributable to conduct of the City.
6.1.2. Contractor Acknowledgmien . Contractor acknowledges that its obligation
pursuant to this section extends to liability attributable to City, if that liability is
less than the sole fault of City.
6.1.3. Indemnily Provisions for Subcontractors. Contractor agrees to obtain
executed indemnity agreements with provisions identical to those set forth here
in this section from each and every subcontractor, or any other person or entity
0
involved by, for, with or on behalf of Contractor in the performance of this
Agreement. In the event Contractor fails to obtain such indemnity obligations
from others as required here, Contractor agrees to be fully responsible according
to the terms of this section.
6.1.4. No Waiver: Survival. Failure of City to monitor compliance with the
requirements of this Section 6.1 imposes no additional obligations on City and
will in no way act as a waiver of any rights hereunder. Contractor's obligation to
indemnify and defend City as set forth herein is binding on the successors,
assigns, or heirs of Contractor and shall survive the termination of this
Agreement or this section.
6.2. Remedies. In addition to any other remedies City may have if Contractor fails to
provide or maintain any insurance policies or policy endorsements to the extent and
within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the premiums
for such insurance from any sums due under this Agreement.
b. Order Contractor to stop work under this Agreement and/or withhold any
payment(s) which become due to Contractor hereunder until Contractor
demonstrates compliance with the requirements hereof.
C. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other remedies
City may have. The above remedies are not the exclusive remedies for Contractor's
failure to maintain or secure appropriate policies or endorsements. Nothing herein
contained shall be construed as limiting in any way the extent to which Contractor may
be held responsible for payments of damages to persons or property resulting from
Contractor's or its subcontractors' performance of work under this Agreement.
7.1. Reports. At conclusion of the contract period, Contractor shall prepare and
submit to the Contract Officer a report concerning Contractor's performance of the
services required by this Agreement, listing event attendance and sales results and
marketing efforts.
7.2. Records. Contractor shall keep such books and records as shall be necessary to
perform the services required by this Agreement and enable the Contract Officer to
evaluate the cost and the performance of such services. Books and records pertaining
to costs shall be kept and prepared in accordance with generally accepted accounting
principles. The Contract Officer shall have full and free access to such books and
records at all reasonable times, including the right to inspect, copy, audit, and make
records and transcripts from such records.
7.3. Contractor Ownershio of CONTRACTOR Events and Related Documents. The
parties agree that: (a) this Agreement is a contract for the performance of the services
by Contractor to City; (b) the CONTRACTOR Events and all documents and other
10
materials prepared by Contractor in connection therewith are owned by Contractor and
not the City; and (c) City shall have no ownership of the CONTRACTOR Events and
such documents and other materials.
7.4. Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Contractor in the performance of services
under this Agreement shall not be released publicly without the prior written approval of
the Contract Officer or as required by law. Contractor shall not disclose to any other
entity or person any information regarding the activities of City, except as required by
law or as authorized by City. Contractor's audited financial statement required to be
provided to the City pursuant to this Agreement shall not be released to the public
unless the release is required by the California Public Records Act, Government Code
section 6250, et seq., the Brown Act, Government Code section 54950 et seq., or
pursuant to subpoena or court order. Whether the financial statement is required to be
provided to a member of the public is a determination to be made solely by the City
Attorney. If the City receives a request for the financial statement, the City will promptly
notify Contractor and Contractor promptly may: (a) submit any legal argument it wishes
to be reviewed to the City Attorney regarding whether or not the document is subject to
disclosure; or (b) seek a protective order. Contractor recognizes that the City, by law,
generally has only 10 days to respond to a request under the Public Records Act.
Nothing in this paragraph shall prohibit the City from complying with the Public Records
Act or any subpoena or court order in the manner determined appropriate by the City
Attorney. Nothing in this Agreement shall prohibit the Contract Officer from utilizing the
information contained in the financial statement as he/she deems appropriate in
carrying out his/her official City duties, including, but not limited to, disclosing any
information deemed relevant to the City Council at a public meeting.
7.5. Confidentiality. Contractor covenants that all data, documents, discussion, or
other information, if any, developed or received by Contractor or provided for
performance of this Agreement are deemed confidential and shall not be disclosed by
Contractor to any person or entity without prior written authorization by City. City shall
grant such authorization if disclosure is required by law. All City data shall be returned
to City upon the termination of this Agreement. Contractor's covenant under this
section shall survive the termination of this Agreement.
8.0 ENFORCEMENT OF AGREEMENT.
8.1. California Law. This Agreement shall be construed and interpreted both as to
validity and to performance of the parties in accordance with the laws of the State of
California. Legal actions concerning any dispute, claim or matter arising out of or in
relation to this Agreement shall be instituted in the Superior Court of the County of
Riverside, State of California, or any other appropriate court in such county, and
Contractor covenants and agrees to submit to the personal jurisdiction of such court in
the event of such action.
8.2. DiSDUtes. 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
In
such notice and completes the cure of such default within forty-five (45) days after
service of the notice, or such longer period as may be permitted by the Contract Officer;
provided that if the default is an immediate danger to the health, safety and general
welfare, City may take such immediate action as City deems warranted. Compliance
with the provisions of this section shall be a condition precedent to termination of this
Agreement for cause and to any legal action, and such compliance shall not be a waiver
of any party's right to take legal action in the event that the dispute is not cured,
provided that nothing herein shall limit City's right to terminate this Agreement without
cause pursuant to Section 8.6.
8.3. Waiver. No delay or omission in the exercise of any right or remedy of a non -
defaulting party on any default shall impair such right or remedy or be construed as a
waiver. City's consent or approval of any act by Contractor requiring City's consent or
approval shall not be deemed to waive or render unnecessary City's consent to or
approval of any subsequent act of Contractor. Any waiver by either party of any default
must be in writing and shall not be a waiver of any other default concerning the same or
any other provision of this Agreement.
8.4. Riahts and Rernedies, are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies
of the parties are cumulative and the exercise by either party of one or more of such
rights or remedies shall not preclude the exercise by it, at the same or different times, of
any other rights or remedies for the same default or any other default by the other party.
8.5. Leaal Action. In addition to any other rights or remedies, either party may take
legal action, at law or at equity, to cure, correct or remedy any default, to recover
damages for any default, to compel specific performance of this Agreement, to obtain
injunctive relief, or to obtain any other remedy consistent with the purposes of this
Agreement.
8.6. Termination Prior to Expiration of Term by Ci!y. City reserves the right to
terminate this Agreement at any time, with or without cause, upon thirty (30) days'
written notice to Contractor. Upon receipt of any notice of termination, Contractor shall
immediately cease all services hereunder except such as may be specifically approved
by the Contract Officer.
8.7 Termination Prior to Expiration of Term by Contractor. City acknowledges that the
compensation provided Contractor under this Agreement is utilized for marketing and
professional services of Contractor Events and City's sponsorship brand. Professional
services and marketing expenditures and commitments made by Contractor for
Contractor Events commence July 1 of the fiscal year and in advance of the occurrence
of such Events. Should Contractor not hold the Festival on the dates designated in
Exhibit "A" for reasons other than those listed in Section 3.3, Contractor shall provide
City a written accounting of all expenditures and commitments made under this
Agreement to the date of such accounting, City compensation for Contractor of such
expenditures and commitments shall be fully earned by Contractor. Compensation
theretofore paid to Contractor in excess of such expenditures and commitments, if any,
are to be returned to the City or redirected to other Contractor Events and/or marketing
initiatives as mutually agreed by City and Contractor.
&012
8.7. Aftorngys' Fees. If either party commences an action against the other party
arising out of or in connection with this Agreement, the prevailing party shall be entitled
to recover reasonable attorneys' fees and costs of suit from the losing party.
III
28. MaRWA-401211019161 0 __ 111111 0
9.1. Non -liability of City Officers and EMployees. No officer or employee of City shall
be personally liable to Contractor, or any successor in interest, in the event or any
default or breach by City or for any amount which may become due to Contractor or to
its successor, or for breach of any obligation of the terms of this Agreement.
9.2. Conflict of Interest. No officer or employee of City shall have any personal
interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which affects his or her personal
interest or the interest of any corporation, partnership or association in which she or he
is, directly or indirectly, interested, in violation of any State statute or regulation.
Contractor warrants that it has not paid or given and will not pay or give any third party
any money or general consideration for obtaining this Agreement.
9.3. Covenant Aqainst Discrimination. Contractor covenants that, by and for itself, its
heirs, executors, assigns, and all persons claiming under or through them, that there
shall be no discrimination against or segregation of, any person or group of persons on
account of race, color, creed, religion, sex, marital status, national origin or ancestry in
the performance of this Agreement. Contractor shall take affirmative action to insure
that applicants are employed and that employees are treated during employment
without regard to their race, color, creed, religion, sex, marital status, national origin or
ancestry.
10.1. Notice. Any notice, demand, request, consent, approval, communication either
party desires or is required to give the other party, or any other person shall be in writing
and either served personally or sent by prepaid, first-class mail to the address set forth
below. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated forty-eight (48) hours from
the time of mailing if mailed as provided in this section.
To City: To Contractor:
CITY OF LA QUINTA LA QUINTA ARTS FOUNDATION
Attn: Frank J. Spevacek Attn: Christi Salamone
78495 Calle Tampico 78150 Calle Tampico, Suite 215
La Quinta, CA 92253 La Quinta, CA 92253
10.2. Intearated Ag[ppment. This Agreement contains all of the agreements of the
parties and all previous understanding, negotiations and agreements are integrated into
and superseded by this Agreement.
10.3. Exhibits; Precedence. All documents referenced as exhibits in this Agreement
are hereby incorporated in this Agreement. In the event of any material discrepancy
-10-
between the express provisions of this Agreement and the provisions of any document
incorporated herein by reference, the provisions of this Agreement shall prevail.
10.4. Amendment. This Agreement may be amended at any time by the mutual
consentofthe parties by an instrument in writing signed by both parties.
10.5. Severabilitv. In the event that any one or more of the phrases, sentences,
clauses, paragraphs, or sections contained in this Agreement shall be declared invalid
or unenforceable by a valid judgment or decree of a court of competent jurisdiction,
such invalidity or unenforceability shall not affect any of the remaining phrases,
sentences, clauses, paragraphs, or sections of this Agreement which are hereby
declared as severable and shall be interpreted to carry out the intent of the parties
hereunder.
10.6. Authori!y. The persons executing this Agreement on behalf of the parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by so executing this Agreement the parties hereto are formally bound to
the provisions of this Agreement.
[SIGNATURES FOLLOW ON NEXT PAGE]
-11-
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
CITY OF LA QUINTA,
a California municipal corporation
California public benefit nonprofit
corporation
FRANK J. SPEVACEK, City Manager
Name: Christi Salamone
Title: Executive Director
ATTEST:
SUSAN MAYSELS, City Clerk
La Quinta, California
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
Exhibit A
Scope of Services
Promote the City by providing the following CONTRACTOR Events for Fiscal Year
2015/16 season:
La Quinta Arts Festival (the "Festival"): A four -day outdoor fine arts festival to be to
be held March 3 through 6, 2016 at the La Quinta Civic Center Campus,
Marketing services for the above include an extensive marketing plan provided to the
City wherein the name "City of La Quinta" and the official City logo will be prominently
displayed as a Premier Sponsor where reasonably possible. Said coverage may
include, but is not limited to: newspapers, magazines, radio and television advertising,
as well as billboards, fine art posters (excluding Festival Commemorative Poster for
retail sale), and high quality program commemorating the event and the City of La
Quinta as a Premier Sponsor.
Contractor shall provide a link to the City of La Quinta's website on Contractor's
website. Contractor will send out email blasts promoting the events and activities and
share the information with the City to send out additional email information.
The City will receive a full page in the Festival's 2015 program. Graphic design may be
provided by Contractor at request of the City.
Banners will be provided by Contractor and placed in various locations throughout the
City. The Planning Department will review the placement of the banners and approve
the locations. The Public Works Department will install and remove the banners in the
Village. If banners are installed at various intersections throughout the City, Old Town,
and the Civic Center Campus it will be the responsibility of Contractor.
The following tickets will be provided to the City through the City Manager's office:
ARTISTS FESTIVAL RECEPTION.- Twenty tickets to be distributed pursuant to the
City's ticket distribution policy.
ART FESTIVAL* Eighty tickets to be distributed pursuant to the City's ticket distribution
policy.
Contractor will promote the following additional CONTRACTOR Events:
Art Under the Umbrellas at Old Town La Quinta, October 31, November 14,
November 28, 2015, January 16, January 23, February 6, February 13, March 19, 2016.
Artist's Registry. Contractor will provide an Artist Registry available to the City and
local Developers at no charge. Such Registry will provide access to local and regional
artists that voluntarily elect to be listed and provide direct contact information. The City
may access such Registry to solicit proposals for the Art in Public Places Program and
may seek support by Contractor for expertise regarding artist selection.
Contractor will provide the City with an Audited Financial Statements for Contractor's
2014/15 fiscal year no later than December 1, 2015.
Exhibit B
Schedule of Compensation
Payment for services rendered pursuant to this Agreement shall be One Hundred
Three Thousand, One Hundred Thirty Dollars and Zero Cents ($103,130.00),
payable within 30 days of execution of this Agreement.
Exhibit C
Schedule of Performance
Subject to the. provisions of Section 8.6 of the Agreement, Contractor shall complete all
services within the term of this Agreement.
-15-
ATTACHMENT 2
The Honorable Linda Evans, Mayor
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LaQuirtaCity Council Members KristyFranklin, Lee Osborne,
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John Pena RVbertRadi
14&Y 19 2015
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Re: LaCiuintaArts Foundation Contract Services Report 3O14/1S
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Dear Mayor Evans & City Council Members,
Background: The Creative Economy
April 2U1SOtis Report mnthe California(reotive6conomyrepoMstheimpactoftheCneatke6ectortoCa|ifurnia's
vitality. The Creative Industries contributed 8.1% to California's $2.2 trillion GDP and generated tax revenues of $12.1
billion. One in ten people are employed in creative industries with an impact of $293.8 billion output. Creative Sector
direct employment is two times greater than those employed in other major industries of electronics/computer
manufacturing and hospital workers.
Per capita, the creative sector inthe Coachella Valley holds even higher siQnificance. According |othe Arts Oasis 2012
Creative CaliforniaDeser Economic Study conducted by Wheeler's Market Intelligence, one in five persons working in
the valley is employed in the creative sector with a raw impact of $1 billion per annum. The Valley's cultural assets and
activities drive tourism and spur economies.
With a 33 year proven track record of success, La Quinta Arts Foundation activities have posted $50 million in recorded
art sales, have employed 55full time workers, contributed education programming to 80\080+schoo| age children, and
welcomed hundreds ofthousands ofvisitors toLa[\uinta.
La Quinta Arts Foundation 2014/15 Season
0 Produced 10 large scale events
• Brought over S0,U00visitors toLaQuinta
• Provided earning opportunities for500 visual and performing artists
• Offered positive community participation for 3ODvolunteers
• Organized collaborative event series with La Quinta Museum, Library, Historical Society, Old Town Artisan
Studio, SmArtStudio
~ Served 1,5OUschool aged students
w Hired one additional full time employee
La C1u|ntaArts Festival 2015
Each year over 4,SO0major art festivals are held across the United States. For the past three consecutive years,
La Quinta Arts Festival has been named #1 Fine Art Festival in the Nation.
Event Changes 2O1S
• NoBNPtennis audience overlap
m Loss ofevent footprint due toWellness Center expansion- 15artist spaces
• Technology investment
• Entry ticket price increase
Given these factors, LQAphad the second best show |nour history.
1
1
2015 2014
Attendance: 22,500 25,096
Art Sales: $2,982,533 $3,147,353
Who Attends
LQAF captured voluntarily contributed email and physical addresses from patrons purchasing entry tickets using credit
cards and art purchases.
*Captured data represented 59% of total art sales, or $1,750,044
*44% of art purchasers hailed from 45 US states and Canada (only RI, VT, WV, MS, LA) were not represented.
* 56% of art purchasers reported CA addresses with 37% hailing from 135 cities outside of the Coachella Valley,
while 63% listed addresses in every Coachella Valley city and high desert locales.
Value - Ways LQAF Benefits La Quinta
Investing in La Quinta Youth
LQAF served over 1,500 local students in 2015
• Grant funded John Adams Elementary School Music and Art Program
• Provided free Art Appreciation Lessons to 4th & 5th grade students
• Welcomed student tours at La Quinta Arts Festival
• Grant Funded La Quinta High School Wind Symphony trip to Carnegie Hall
• Awarded $50,000 in visual art college scholarships ($1.150 million to date)
Economic Vitality
LQAF activities drive consumers to visit and spend dollars in La Quinta, over $22 million dollars according to the patron
survey conducted at La Quinta Arts Festival in 2013 where festival attendees reported spending $1,063 in La Quinta
(excluding art purchases). Additionally La Quinta benefits from bed tax, sales tax and license fees generated from LQAF's
activities.
Brand Identity & Quality of Life
La Quinta Arts Festival's national and global recognition and 33 year proven cultural brand is a source of pride for La
Quinta residents who continue to strongly support our activities. So many artists and art patrons have come to settle in
La Quinta as a result of their introduction to the area by LQAF. La Quinta's first Mayor and LQAF founder said "A city
must be more than street improvements and police protection; it must provide residents a means of positive
participation and sense of belonging." And that we have, for 33 years.
We look forward to continuing our service to the La Quinta community through our mission of Promoting and
Cultivating the Arts.
Sincerely,
Christi Salamone>Executive Director
C: Frank Spevacek, City Manager
Edie Hylton, Deputy City Manager
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CITY / SAS HAS FA MEETING DATE: June 16, 2015 AGENDA CATEGORY:
ITEM TITLE: AUTHORIZE CITY MANAGER TO SUBMIT BUSINESS SESSION:
GRANT APPLICATION TO CALREYCLE BEVERAGE
CONTAINER RECYCLING GRANT PROGRAM AND ACCEPT CONSENT CALENDAR: 18
AWARDED FUNDS
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Authorize the City Manager to submit a grant application to the CalRecycle Beverage
Container Recycling Grant and Payment Program for beverage container recycling and
litter cleanup activities and accept awarded funds.
EXECUTIVE SUMMARY:
• The Beverage Container Recycling Grant Program was established to assist local
agencies in litter clean up, and increase recycling rates and recycling education.
• The City has been awarded up to $10,271 in grant funding (based upon a per
capita basis); however, an application is required in order for the City to access
the funds.
• The City has evaluated the funding requirements and community needs and
will utilize the grant award for at least two community clean up events, to
replace single bin trash receptacles with multi -bin recycling containers in
frequently used parks, and for professional development.
FISCAL IMPACT:
The City would receive $10,271 in grant funds that would underwrite $10,271 in
related expenditures.
BACKGROUND/ANALYSIS:
The Beverage Container Recycling Grant and Payment Program provide communities
with an opportunity to leverage funding for cleanup events that include beverage
container recycling and public education. The full grant amount will be utilized as
follows:
• Community Cleanup Events ($3,250) - at least two community clean up events
would be organized in northern La Quinta and the Cove areas. These events
would encourage residents' participation through volunteering to clean up litter
(including recycling materials) from the City's streets and right of ways.
• Multi -Bin Recycling Container Upgrades ($5,571) - Waste receptacles currently
in place throughout the City's park's system are exclusively single bins (non -
recycling option). With the conversion to multi -bin containers, discarding trash
and recyclables into separate bins is possible, which increase recycling and
have a positive impact on diversion rates. The new multi -bin containers will
replace existing bins in parks that are most frequently used and where
concessions are sold. This grant would potentially provide an opportunity to
upgrade existing trash receptacles with multi -bin recycling containers
throughout the City's park and trail systems, should the City continue to apply
for and receive grant funding through this program.
• Administration and Professional Development ($1,500) - Partial staff costs to
administer both the community clean up events and recycling container bin
installation. Additionally, funding would provide for training that addresses
upcoming mandates compliance, model programs around the state, and best
practices in community recycling.
ALTERNATIVES:
The Council could elect to not receive this grant. However, since this grant provides
the City with the ability to defray General Fund costs for litter abatement activities and
equipment that would increase refuse diversion rates, staff does not recommend an
alternative.
Report prepared by: Ted Shove, Business Analyst
Report approved for submission by: Frank I Spevacek, City Manager
CITY / SA / HA / FA MEETING DATE: June 16, 2015
ITEM TITLE: ADOPT RESOLUTION GRANTING
CONDITIONAL APPROVAL OF FINAL PARCEL MAP
NO. 36811 WITHIN TRADITION
RECOMMENDED ACTION:
Adopt City Council Resolution No. 2015-
Parcel Map No. 36811.
EXECUTIVE SUMMARY:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 19
STUDY SESSION:
PUBLIC HEARING:
granting conditional approval of Final
• The owner/developer of a vacant residential lot within Tradition would like to
subdivide the property into two lots.
• Final Parcel Map approval is a ministerial action once the conditions of
development have been met. The conditional approval would allow 30 days to
obtain all necessary signatures on the map.
• The final map has been reviewed and found technically correct by the City
Surveyor, and staff recommends conditional approval of the Final Parcel Map.
FISCAL IMPACT:
None. No off -site improvements were required with this Final Parcel Map.
BACKGROUND/ANALYSIS
The project is located within Tradition south of Avenue 52 and east of Washington
Street (Attachment 1). The owners/developers are William and Jennell Presnell. The
property previously consisted of two vacant residential lots that were merged in 2013.
The Community Development Director approved Tentative Parcel Map 36811 to re -
subdivide the property on December 17, 2014 (Attachment 2). This will allow the new
lots to be sold or constructed on individually. The lots were merged prior to the
economic downturn when it was felt a larger home lot would sell. With the current
economic situation, two smaller lots are easier to market. The Tradition HOA has
given approval of the proposed subdivision of the lot. The developer requests City
Council conditional approval of the Final Parcel Map, which will allow the developer 30
days to obtain the City Surveyor's signature on the map. If the developer fails to
obtain the signature on the map within 30 days, the map will be rescheduled for City
Council consideration only after the signed map is received.
Since all other conditions of the Tentative Parcel Map have been met and the Final
Parcel Map has been reviewed and found technically correct by the City Surveyor, staff
recommends conditional approval of the Final Parcel Map.
ALTERNATIVES:
As postponing approval until the final map is signed by the City Surveyor would delay
recordation of the map unnecessarily, staff does not recommend an alternative
action.
Report prepared by: Bryan McKinney, P.E., Principal Engineer
Report approved for submission by: Timothy R. Jonasson, P.E.
Public Works Director/City Engineer
Attachments: 1. Vicinity Map
2. Parcel Map No. 36811
RESOLUTION NO.2015 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, GRANTING CONDITIONAL
APPROVAL OF FINAL PARCEL MAP 36811 AND
AUTHORIZING A TIME EXTENSION FOR SATISFACTORY
COMPLETION OF THE CONDITIONAL REQUIREMENTS TO
VALIDATE THE APPROVAL
WHEREAS, the City Council conducts only two regular meetings per month and
the time interval between these meetings occasionally creates an undue hardship for
business enterprises and individuals seeking approval of subdivision maps; and
WHEREAS, the City Council, as a matter of policy, allows a subdivider to have
City staff present a map for consideration of approval when the requisite items
necessary for a final map approval are nearly, but not completely, finished thus
yielding to the subdivider additional production time for preparation of those items;
and
WHEREAS, the subdivider has demonstrated to City staff and the City Council
that it has made sufficient progress with items required for final map approval, and it
is reasonable to expect the subdivider to satisfactorily complete the items, including
City staff review time, within thirty (30) days without adversely impacting other
ongoing work commitments of City staff; and
WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council
broad authority to authorize time extensions regarding final map approval, or
disapproval, upon receiving it for consideration; and
WHEREAS, the City Council relies on City staff to review all required items for
conformance with relevant requirements, and it is therefore appropriate for the City
Council to approve the final map subject to review and confirmation of the required
items by City staff within a reasonable period of time.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta,
California, as follows:
SECTION 1. The Final Parcel Map 36811 is conditionally approved provided the
subdivider submits all required item(s) on or before July 16, 2015.
SECTION 2. The City Council's approval of the final map shall not be considered valid
until the City Engineer has signed the map indicating that it conforms to the tentative
tract map, the Subdivision Map Act, and all ordinances of the City.
SECTION 3. The City Engineer shall withhold his signature from the map until the
subdivider has completed the following requirement and any other requirements not
expressly described here to the City Engineer's satisfaction:
Resolution No. 2015-
Parcel Map 36811
Adopted: June 16, 2015
Page 2
A. Provide Final Parcel Map signed by City Surveyor
SECTION 4. The City Clerk shall withhold affixing the City Seal to the map title page,
along with her attesting signature, until the City Engineer has signed the map.
SECTION 5. The time extension for satisfying the requirements of the conditional
approval for this final map shall expire when City offices close for regular business on
July 16, 2015. If the subdivider has not satisfied the requirements in Section 3, herein,
by the expiration deadline, the final map shall be considered disapproved. Disapproval
does not deny any rights the subdivider may have under the Map Act to resubmit the
final map for approval, or disapproval.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council held on this 16t" day of June 2015, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
ATTACHMENT 1
PARCEL MAP NO. 36811
0"
VICINITY MAP
NOT TO SCALE
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CITY / SA / HA / FA MEETING DATE: June 16, 2015
AGENDA CATEGORY:
BUSINESS SESSION:
ITEM TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR TRAFFIC CONSENT CALENDAR: 2 0
SIGNAL SUPERVISOR AND FACILITIES MAINTENANCE
COORDINATOR TO ATTEND TRAINING IN PASO ROBLES, STUDY SESSION:
CALIFORNIA ON SEPTEMBER 7, 8 AND 9, 2015 PUBLIC HEARING:
RECOMMENDED ACTION:
Authorize overnight travel for the Traffic Signal Supervisor and Facilities Maintenance
Coordinator to attend the California Joint Powers Insurance Authority Management
Academy to be held September 7, 8 and 9, 2015 in Paso Robles, California.
EXECUTIVE SUMMARY:
• The Management Academy is offered by the California Joint Powers Insurance
Authority (JPIA) to improve management and supervisory skills.
• Staff recommends approval of this training in order for these City employees to
receive California JPIA Management Academy Certification.
FISCAL IMPACT:
The estimated cost for both employees is $1,720. Funds are available in the Fiscal
Year 2015/2016 budget (Travel, Training and Meetings).
BACKGROUND/ANALYSIS:
The Management Academy is designed for entry-level managers and supervisors. It
provides participants with unique approaches to help improve the performance,
motivation, and commitment of employees in a complex and regulated employment
environment.
California JPIA Management Academy will help the Traffic Signal Supervisor and
Facilities Maintenance Coordinator explore their roles as managers and supervisors in
the following areas:
• Role of the Public Sector Supervisor
• Decision Making
• Job -Person -Environment
• Orientation Training, Coaching, and Delegation
• Performance Appraisal and Dealing with Performance Issues
This training is only offered annually and Paso Robles is this year's location.
ALTERNATIVES:
The City Council can deny this request. However, this alternative is not recommended
as staff would not be allowed to take advantage of this professional development
opportunity which would benefit City service delivery.
Report prepared by: Ed Wimmer, P.E., Principal Engineer
Report approved for submission by: Timothy R. Jonasson, P.E.
Public Works Director/City Engineer and
Edie Hylton, Deputy City Manager
OFT
CITY / SAS HAS FA MEETING DATE: June 16, 2015
ITEM TITLE: APPROVE AMENDMENT NO. 1 TO CITY OF LA
QUINTA/COACHELLA VALLEY ASSOCIATION OF
GOVERNMENTS' REIMBURSEMENT AGREEMENT FOR
THE ADAMS STREET BRIDGE
RECOMMENDED ACTION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 21
STUDY SESSION:
PUBLIC HEARING:
Approve Amendment No. 1 to the City of La Quinta/Coachella Valley Association of
Governments' Reimbursement Agreement for the Adams Street Bridge, and authorize
the City Manager to execute it, subject to minor modifications by the City Attorney.
EXECUTIVE SUMMARY:
• The City Council approved the Settlement Agreement and Release of Liability
from Arch Insurance Company, accepted the Adams Street Bridge
Improvements on February 17, 2015, and initiated project close-out.
• Approval of Amendment No. 1 to the City/Coachella Valley Association of
Governments' (CVAG) Reimbursement Agreement will allow the City to be
reimbursed 75 percent of the non -funded local share of the bridge up to
approximately $400,000.
FISCAL IMPACT:
The following is the estimated final project expenditures and funding shares:
Preliminary Engineering/Agency Permits: $1,128,189
Construction Engineering: $2,060,246
Construction: $8,557,352
Utility Relocation Costs (IID Dry Utilities): $1,171,682
City Administration: $312,603
Total Estimated Final Expenditures: $13,230,072
Caltrans HBP Contribution: ($9,906,897)
CVWD Reimbursement (Wet Utilities): ($110,601)
Unfunded Local Share: $3,212,574
CVAG 75% Local Share: $2,409,431
City of La Quinta 25% Local Share: $803,143
CVAG Previously Approved Funding: $2,014,035
CVAG Amendment 1 Funding: $395,396
BACKGROUND/ANALYSIS:
The Adams Street Bridge Project (Project No. 2006-06) replaced the low-water crossing
just south of Blackhawk Way with a four -lane, all-weather bridge with raised
sidewalks for improved vehicle and pedestrian safety.
The Adams Street Bridge was funded with a combination of federal and local funds,
with CVAG agreeing to reimburse 75 percent of the local funding. Amendment No. 1
to the City of La Quinta — CVAG Reimbursement Agreement provides up to $400,000 of
additional Regional Arterial Program funds for the project (Attachment 1). With this
amendment, the Regional Arterial Program will contribute up to $2,414,035. The
City's 25 percent local share was included within the adopted Fiscal Year 2006/2007
Capital Improvement Program budget.
ALTERNATIVES:
Since not approving this amendment would then require the City to absorb this cost,
no alternatives are 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. Amendment No. 1 to City/CVAG Reimbursement
Agreement
, ,i
l , ,,,
May 15, 2015
Susan Maysels
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
Re: Amendment Number One -Reimbursement Agreement for the Adams Street
Bridge Project
Enclosed please find three original copies of the Agreement between the Coachella Valley
Association of Governments (CVAG), and the City of La Quinta.
Please sign all copies and then return them to me at:
Coachella Valley Association of Governments
73-710 Fred Waring Drive, Suite 200
Palm Desert, CA 92260.
After all copies have been signed by everyone I will send you an original for your records. If you
have any questions, or need further information regarding this agreement, please contact the
acquisition manager, Allyn Waggle.
Sincerely,
Cyr R tdn
Accounting Assistant
Enclosures
CITY OF BLYTHE • CITY OF CATHEDRAL CITY • CITY OF COACHELLA • CITY OF DESERT HOT SPRINGS • CITY OF INDIAN WELLS
CITY OF INDIO • CITY OF LA QUINTA • CITY OF PALM DESERT • CITY OF PALM SPRINGS • CITY OF RANCHO MIRAGE • COUNTY OF RIVERSIDE
AAGUA CALIENTE BAND OF CAHUILLA INDIANS • CABAZON BAND OF MISSION INDIANS
AMENDMENT NUMBER ONE
to the
CITY OF LA QUINTA - CVAG
REIMBURSEMENT AGREEMENT
far the
ADAMS STREET BRIDGE PROJECT
This AMENDMENT NUMBER ONE is made and entered into this 2711 day of April, 2015, by
and between the Coachella Valley Association of Governments, a California joint powers
agency (CVAG), and the City of La Quinta (Lead Agency), and is made with reference to the
following background facts and circumstances. All other provisions in the existing
Reimbursement Agreement for the Adams Street Bridge Project, remain in force.
This Amendment Number One authorizes CVAG regional funds in the amount not to
exceed $400,000.
This Amendment Number One confirms that all submitted payment requests must be
eligible for reimbursement by CVAG as outlined in the CVAG Policies and Procedures Manual
for the Regional Arterial Program.
Summary
Previously authorized Highway Bridge Program (HBP) funds $ 9,766,400
(State) as noted in Executive Committee report 1-25-2010
Previously authorized CVAG 75% Regional Share of $ 2,014,035
Remaining Local Share of costs
(by Executive Committee action 1-25-2010)
Proposed Amendment Number One $ 400,000
Being approximately 75% of the estimated
additional construction costs
(Current Estimated Construction Cost for Adams Street Bridge Project $13,230,072)
IN WITNESS WHEREOF, the parties hereto have caused this Amendment Number One to be
executed by their duly authorized representatives on this date:
ATTEST:
LZA
Susan Maysels, City Clerk
City of La Quinta, California
ATTEST:
IN
Tom Kirk,
Executive Director
CITY OF LA QUINTA
By:
Frank J. Spevacek, City Manager
City of La Quinta, California
CVAG
iE Jan Harnik
CVAG Chair
CITY / SA / HA / FA MEETING DATE: June 16, 2015 AGENDA CATEGORY:
ITEM TITLE: APPROPRIATE FUNDING AND AWARD BUSINESS SESSION:
CONTRACT TO SUPERIOR PAVEMENT MARKINGS, INC. CONSENT CALENDAR: 22
FOR CONSTRUCTION OF JEFFERSON STREET AT AVENUE
STUDY SESSION:
52 ROUNDABOUT IMPROVEMENTS
PUBLIC HEARING:
RECOMMENDED ACTION:
Appropriate $294,110 from unallocated Measure A Funds and award a contract to
Superior Pavement Markings, Inc., in the amount of $290,361 to construct the
Jefferson Street at Avenue 52 Roundabout Improvements project.
EXECUTIVE SUMMARY:
• In response to concerns raised by the public and accident reports, the City
assessed the existing signing and striping configurations at the roundabout
located at Jefferson Street and Avenue 52 and determined that the existing
configurations should be modified.
• The improvements include reducing dual approaches to single lane approaches
for all four legs of the intersection, implementing speed reduction tapers, and
updating the existing signage to current standards for modern roundabouts.
• The need to appropriate additional Measure A funding toward this project was
anticipated and included within the Measure A 5-Year Capital Improvement
Plan submitted for approval by the Riverside County Transportation
Commission. Subsequently, the recommended Measure A funding in the
amount of $294,110 is assigned to the project and available for use.
FISCAL IMPACT:
This project is included in the 2014/2015 Capital Improvement Program and is funded
with Measure A funds in the amount of $110,900. Should Council award the project to
Superior Pavement Markings, Inc., which was bid in the amount of $290,361, staff
recommends an additional $294,110 be appropriated from unallocated Measure A
Funds. The following is the anticipated project expenditures associated with the
signing and striping improvements:
BUDGET LINE ITEM
BUDGET
Professional/Design:
$ 35,000
Technical
(Inspection/Test/Survey):
$ 28,310
Construction:
$290,361
Contingency:
$ 36,819
City Administration:
$ 14,518
TOTAL BUDGET:
$405,008
BACKGROUND/ANALYSIS:
The Jefferson Street/Avenue 52 roundabout, which was originally designed and
constructed in 2000, does not meet modern roundabout design standards, which has
resulted in a higher rate of accidents and continuous complaints from drivers. In
order to address this, staff worked with two traffic engineering consultants, who
specialize in modern roundabout design, for recommendations that would improve
the safety and operation of the intersection. Several options were investigated before
it was determined that this intersection would function best as a single lane
roundabout with tapered single lane approaches to reduce speed and better define
who has the right of way as drivers enter and exit the roundabout (Attachment 1).
Prior to restriping, staff recommends that the approaches and the roundabout be
slurry sealed as included in Additive Alternate 3 of the Bid Comparison Study
(Attachment 2). The slurry seal would further eliminate any trace of the current
striping. The roundabout and approaches were last slurry sealed more than ten years
ago; it is also timely to do this preventative maintenance work.
On June 8, 2015, three sealed bids were received for the construction of this project.
Superior Pavement Markings submitted the lowest responsive bid in the amount of
$269,030, which is $830 (.3 percent) higher than the engineer's estimate for the base
bid plus Additive Alternate 3. Staff recommends including the solar powered flashing
beacons included in Additive Alternate 1 as an additional safety precaution resulting
in a total award amount of $290,361.
Contingent upon City Council's approval to award a contract to construct the
improvements on June 16, 2015, the following represents how the project is expected
to proceed:
Award of Contract June 16, 2015
Sign Contracts and Mobilize June 17 through July 8, 2015
Construction (20 Working Days) July through August, 2015
Accept Improvements September 2015
ALTERNATIVES:
Council may choose to award the Base Bid plus Additive Alternate 3 only and
eliminate the flashing beacons on each of the roundabout approaches at a cost
savings of $21,331.60. While this alternative would technically still meet state design
standards, including them would provide an extra level of safety for motorists,
bicyclists and pedestrians using the roundabout. Therefore, staff does not
recommend this alternative.
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. Jefferson Street/Avenue 52 Roundabout Striping Plan
2. Bid Comparison Summary
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G� OF9
CITY / SA / HA / FA MEETING DATE: June 16, 2015 AGENDA CATEGORY:
BUSINESS SESSION:
ITEM TITLE: APPROVE AMENDMENT TO CONTRACT WITH
A.M. LA SALLE ELECTRIC, INC. FOR LANDSCAPE LIGHTING CONSENT CALENDAR: 23
MAINTENANCE SERVICES
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Approve Amendment No. 3 to the City's contract with A.M. La Salle Electric, Inc. for
Citywide Landscape Lighting Maintenance Services during Fiscal Year 2015/2016, in the
amount of $83,160, and authorize the City Manager to execute the amendment subject
to minor revisions by the City Attorney.
EXECUTIVE SUMMARY:
The Citywide Landscape Lighting Maintenance Program provides for bi-weekly
maintenance of landscape lighting in all landscaped areas located within the City's
medians and parkways. This lighting is important for motorist safety and
streetscape aesthetics.
• The City has a contract with A.M. La Salle Electric to perform these maintenance
services, which expires on June 30, 2015. Approval of the amendment would allow
the City to contract with A.M. La Salle Electric for one additional year.
Staff believes A.M. LaSalle Electric has performed effectively and therefore
recommends approval of Amendment No. 3 (Attachment 1).
FISCAL IMPACT:
This service will cost $83,160 annually. Funding is included in the Fiscal Year 2015/2016
budget (Lighting and Landscape Maintenance account).
BACKGROUND/ANALYSIS:
On June 19, 2012, the City Council awarded a contract to A.M. La Salle Electric, Inc. for
landscape lighting maintenance of the City's medians and parkways for the Citywide
Landscape Lighting Maintenance Services, Project No. LMC 2011-15. This contract
primarily serves the Citywide Lighting and Landscape District 89-1. The landscape
lighting improves roadway safety as well as accentuates the landscaping in the Highway
111, Washington Street, and other City image corridors.
The City Council has previously approved Amendments No. 1 and No. 2 to the contract
with A.M. La Salle Electric, which allowed continued services in Fiscal Years 2013/2014
and 2014/2015.
Staff believes this local contractor has performed effectively and recommends a third,
one-year extension to the contract, beginning July 1, 2015 and ending June 30, 2016.
The contract may be extended by mutual consent one more time through Fiscal Year
2016/2017, and may also be terminated by the City with a 30-day notice.
ALTERNATIVES:
Council may elect to advertise this contract for bids; however, since the contractor is not
requesting an increase nor requesting an increase to cover prevailing wages, going out to
bid would not likely result in a lower cost for these services. Therefore, staff is not
recommending an alternative.
Report prepared by: James Lindsey, Maintenance Manager
Report approved for submission by: Timothy R. Jonasson, P.E.
Public Works Director/City Engineer
Attachment: 1. Amendment No. 3
ATTACHMENT 1
AMENDMENT NO. 3 TO AGREEMENT WITH
A.M. LA SALLE ELECTRIC, INC. FOR PROJECT NO. LMC 2011-15, LANDSCAPE
LIGHTING MAINTENANCE SERVICES FOR LANDSCAPE & LIGHTING DISTRICT
89-1
THIS AMENDMENT NO. 3 TO THE AGREEMENT WITH
A.M. LA SALLE ELECTRIC, INC. FOR PROJECT NO. LMC 2011-15, LANDSCAPE
LIGHTING MAINTENANCE SERVICES FOR LANDSCAPE & LIGHTING DISTRICT 89-
1 ("Amendment No. 3") is made and entered into as of the 1 day of July , 2015
("Effective Date"), by and between the CITY OF LA QUINTA, ("City"), a California
municipal corporation, and A.M. La Salle Electric, Inc. ("Contractor").
RECITALS
A. On or about June 19, 2012 the City and Contractor entered into an
Agreement for Project No. LMC 2011-15 Landscape Lighting Maintenance Services for
Landscape & Lighting District 89-1. The term of this original agreement expires June 30,
2013.
B. Pursuant to Section 2000, 2.0 Terms of the original Agreement, the City
and Contractor may extend the term of the agreement upon mutual agreement by both
parties.
C. On or about May 21, 2013, the City approved Amendment No. 1 to the
original agreement, extending the terms for one (1) additional year (first extended term)
July 1, 2013 through June 30, 2014.
D. On or about June 3, 2014 the City approved Amendment No. 2 to the
original agreement, extending the terms for one (1) additional year (second extended
term) July 1, 2014 through June 30, 2015.
E. Contractor and City now wish to amend the original Agreement to extend
the term for one (1) additional year (third extended term) July 1, 2015 through June 30,
2016.
AMENDMENT:
In consideration of the foregoing Recitals and the covenants and promises
hereinafter contained, and for good and valuable consideration, the sufficiency and
receipt of which are hereby acknowledged, the parties hereto agree as follows:
As provided in Section 2000, 2.0 Contract Terms of the existing Agreement, the
City and Contractor have agreed to extend the term of the agreement for one (1)
additional year, commencing July 1, 2015 through June 30, 2016.
In all other respects, the original agreement shall remain in effect.
IN WITNESS WHEREOF, the City and Contractor have executed this Amendment No.
3 to the Agreement with A.M. La Salle Electric, Inc. for Project No. LMC 2011-15
Landscape Lighting Maintenance Services for Landscape & Lighting District 89-1 on the
respective dates set forth below.
CITY OF LA QUINTA a California municipal corporation
Frank J. Spevacek, City Manager Date
ATTEST:
Susan Maysels, City Clerk
APPROVED AS TO FORM:
William H. Ihrke, City Attorney
CONTRACTOR: A.M. LA SALLE ELECTRIC, INC.
By-
Name-
Title-
Date-
A.M. La Salle Electric, Inc.
P.O. Box 2859
68-342 Kieley Road
Cathedral City, CA 92234
Taf 4 4 a"
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C OF
CITY / SAS HAS FA MEETING DATE: June 16, 2015 AGENDA CATEGORY:
ITEM TITLE: APPROVE FORMATION AND SPECIFICATIONS BUSINESS SESSION: 1
OF AN ADVISORY COMMITTEE TO EVALUATE THE CITY'S
FINANCIAL NEEDS, AND CONDUCT INTERVIEWS AND CONSENT CALENDAR:
MAKE APPOINTMENTS TO THE NEWLY FORMED
COMMITTEE STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
1. Approve formation and specifications of an Advisory Committee to evaluate the
City's financial needs; and
2. Conduct interviews and make appointments to the newly formed Committee.
EXECUTIVE SUMMARY:
• On April 7, 2015, the City Council outlined the formation and operation of an
Advisory Committee (Committee) to evaluate the City's financial needs.
• The Committee's charge will be to review the City's current and long-term
financial position, and formulate recommendations to the City Council that
include potential revenue measures.
• The City advertised for applicants to form the Committee and received 14
applications (Attachment 2).
• The City Council will interview and appoint applicants to the vacancies by ballot
(Attachment 3).
FISCAL IMPACT:
The fiscal impact of facilitating the Committee would be absorbed in the 2015/16
Operating Budget. The costs would entail staff time, materials preparation and
meeting noticing costs. Committee members will be unpaid volunteers.
BACKGROUND/ANALYSIS
During the April 7, 2015 Study Session, City Council discussed the benefits of forming
an Advisory Committee to review City finances and offer recommendations regarding
revenue measures. In the event Council considers placing a revenue measure on the
November 2016 ballot and wishes to receive community input prior to that decision, it
was determined that a committee should be established at this time.
The specifications of a newly -formed committee must be established. Attachment 1
sets forth the recommended provisions for the committee, which include the
following:
• Members of the new Committee will be volunteers and must demonstrate a
connection to La Quinta through residency, property ownership or place of
business.
• The Committee will meet twice a month at City Hall (date and time to be
established by Committee members) with a one-year term for members and
alternates (if any), unless the Committee is disbanded earlier.
Council will determine the Committee name, number of members, and whether or not
members may simultaneously serve on a City board or commission.
Notices calling for applications were published in The Desert Sun on May 9 and May 13,
2015, in the June issue of the The Gem, and posted on the City's website.
Applications were received from the following residents:
George J. Batavick
Dennis G. Byerly
James Y. Cathcart
Mark L. Johnson
Frank Kalb
Kelly Ladner
Bob Leidner
ALTERNATIVE:
Michele McDonough
W. Richard Mills
Douglas Motz
Bette L. Myers
David Alan Park
Steven Rosen
Doriel Wyler
Council may elect not to form an Advisory Committee.
Report prepared by: Susan Maysels, City Clerk
Report approved for submission by: Frank J. Spevacek, City Manager
Attachments: 1. Committee Specifications
2. Applications
3. Ballots
ADVISORY COMMITTEE
Established June 16, 2015
NAME:
ATTACHMENT 1
PURPOSE, POWERS AND DUTIES:
Study the City's revenues, expenditures, projections and revenue options and
formulate a recommendation(s) to the City Council on or before January 19, 2016.
NUMBER OF MEMBERS:
TERM OF MEMBERS:
The lesser of one year or the date the Committee is disbanded by the City Council.
APPOINTMENTS:
All members shall be appointed by the City Council. Members.may (may not) serve on
other City boards/commission concurrent with membership on this Committee.
QUALIFICATIONS OF MEMBERS:
All members shall initially and during their term, be bona fide City residents or owners
of a business(es) or property(ies) within the City.
MEETINGS, ORGANIZATION, QUORUM AND RULES:
a) The Committee shall meet twice each month or as needed on the dates selected
by the Committee.
b) Provisions of Municipal Code Section 2.06.050 items B through G regarding special
meetings, quorums, rules of procedure, and chair/vice chairperson shall apply to
this Committee.
COMPENSATION:
Committee members shall serve without compensation.
COMPLIANCE WITH THE POLITICAL REFORM ACT:
All Committee members shall comply with the Political Reform Act disclosure statutes
regarding financial conflicts of interest, and the Ralph M. Brown Act regarding open
meetings.
REMOVAL FROM OFFICE. LIMITATION ON ABSENCES:
Provisions of Municipal Code Section 2.06.090 shall apply to this Committee.
STAFF SUPPORT AND RECONDKEEPING:
Provisions of Municipal Code Section 2.06.100 shall apply to this Committee.
ATTACHMENT 2
ADVISORY COMMITTEE APPLICANTS
Batavick, George J.
Byerly, Dennis G.
Cathcart, James Y.
Johnson, Mark L.
Kalb, Frank
Ladner, Kelly
Leidner, Bob
McDonough, Michele
Mills, W. Richard
Motz, Doug
Myers, Bette L.
Park, David Alen
Rosen, Steven
Wyler, Doriel
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CITY / SA / HA / FA MEETING DATE: June 16, 2015 AGENDA CATEGORY:
BUSINESS SESSION: 2
ITEM TITLE: ADOPT RESOLUTION TO APPROVE FISCAL
YEAR 2015/2016 BUDGET AND ESTABLISH CITY'S CONSENT CALENDAR:
APPROPRIATIONS LIMIT
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Adopt a Resolution approving the Fiscal Year 2015/2016 Budget and establish the
City's appropriations limit.
EXECUTIVE SUMMARY:
• The Fiscal Year 2015/2016 Proposed Budget ("Budget") consists of the City,
Housing Authority and Financing Authority budgets.
• The Budget, received by City Council on May 19, 2015, projected $38,421,300 in
General Fund revenues, $38,524,500 in planned expenditures, and a budget
surplus of $87,200.
• Subsequently, at the June 2, 2015 Study Session, staff recommended a number
of cost saving measures as well as additions for Council consideration. Staff
was directed to prepare a final budget that incorporated changes resulting in a
revised surplus of $170,200.
• Council also approved the five-year Capital Improvement Program (CIP), which
includes additional General Fund funded CIP projects for Fiscal Year 2015/2016
in the amount of $3,634,000; funding for these projects is included in the
Budget, which pledges the $170,200 operating surplus and $3,463,800 of
unappropriated General Fund reserves.
FISCAL IMPACT:
The Budget anticipates total revenues of $38,611,700 and total expenditures
$38,441,500, leaving an operational surplus of $170,200. The adopted CIP requires
$3,634,000 of General Fund revenue to fund all of the 2015/16 projects. The CIP
expenditures increase total General Fund expenditures to $42,075,500; these
additional expenditures will be funded from the $170,200 operations surplus and
$3,463,800 of reserves.
BACKGROUND/ANALYSIS:
The draft Budget, presented to the Council on May 19, 2015, was balanced with
revenue exceeding expenditures by $87,200. That same evening, Council received the
Police Services Study that provided recommendations to improve service delivery
efficiencies while reducing police service costs. The Council directed staff to include
these service efficiency recommendations in the Budget, which will reduce operating
costs by $460,000, thus increasing the Budget revenue/expenditure spread to
$547,200.
Savings Allocation
Council also provided direction to incorporate the following supplemental requests
into the Budget:
$30,000 to fund the net cost of adding the following three administrative
support positions:
o Administrative Technician in Community Development Department
o Office Assistant assigned to both Public Works and Code
o Management Assistant in the City Manager's Office
The total, fully burdened (salary and benefits) cost of these three positions is
$206,100. However, these costs would be offset by not funding the Information
Services Analyst position ($117,900) in the City Manager's Office (eliminating
that position) and reducing contract services budgets in Community
Development and Public Works by $58,200.
$27,000 to reclassify the following positions:
o Assistant Civil Engineer to Associate Engineer - Public Works
o Associate Planner to Principal Planner - Community Development
o Senior Account Clerk to Permit Technician - Customer Center
o Senior Account Clerk to Account Technician -Finance
• $150,000 for the Village Program Environmental Impact Report.
• $120,000 to expand Code Compliance (program parameters will be presented
to the Council and the community in July/August 2015).
• $50,000 to expand the City's marketing budget.
Direction was also provided to incorporate the following two recommendations that
do not have any impact on the Budget:
Reclassify an Administrative Technician to Management Assistant in the
Finance Department.
Move the Business Analyst position from Finance to the City Manager's Office.
With the inclusion of these recommendations, total revenues are projected to be
$38,611,700 and total expenditures $38,441,500, leaving an operational surplus of
$170,200. Additional CIP projects of $3,634,000 increase expenditures to
$42,075,500.
The General Fund Overview (Attachment 1) also provides the revised General Fund
budget based on these modifications.
General Fund Reserves
Total General Fund reserves, currently $89,398,517, are projected to decrease by 3.9
percent or $3,463,800 to $85,934,717 during Fiscal Year 2015/2016. The General Fund
Reserves Overview (Attachment 2) details the changes in the reserve composition and
is summarized below:
Estimated General Fund Reserves at 6/30/16:
Non -spendable (advances, receivables, etc.) $ 57,066,029
Designated for specific use (retiree medical obligation) $ 1,523,401
Emergency reserves (40% of expenditures) $ 14,656,600
Cash flow reserves (10% of expenditures) $ 3,664,150
Unappropriated fund balance $ 9,024,537
Total Reserves $ 85,934,717
Per Council direction in February 2015, the City's reserve policy had been amended as
follows:
• Maintain a cash flow reserve in an amount equal to 10 percent of budgeted
operational expenditures (previously it was 8.25 percent), and
• Set a reserve for emergencies in an amount equal to 40 percent of budgeted
operational expenditures (previously it was 35 percent plus $4.0 million).
The Council also discussed establishing an economic development reserve. The
amount this reserve would be was not established pending further discussion
regarding the City's economic development strategies.
Appropriations Limitation Calculation (Gann Limit)
Annually, the City is required to prepare the Gann Limit in accordance with Article
XIIIB of the State Constitution. The Gann initiative limits growth in government
spending to changes in population and inflation. The Gann Limit for Fiscal Year
2015/2016 is $109,037,717. This means that the City must not spend revenues
subject to this limitation over $109,037,717. City revenues subject to the Gann Limit
are $37,391,100; therefore, the City is significantly below the limit by a margin of
$71,646,617 (Attachment 3).
Continuing Appropriations/Encumbrance Carryovers
The list of estimated continuing appropriations and encumbrance carryovers
(Attachment A to the Budget Resolution) reflects City commitments to projects,
services or purchases that were made in Fiscal Year 2014/2015 but were not
completed, fulfilled, or paid for by the end of the fiscal year. The encumbrance
carryovers are $157,100 and the continuing appropriations are $319,300 for a total of
$476,400.
These unexpended funds remain available but Council approval is needed to re -
appropriate them for use in 2015/16 (since all appropriations lapse at the end of the
fiscal year). The encumbrance carryover items are for purchase orders and/or
contracts issued to a specific vendor but the service or supplies have not been
charged. The continuing appropriations items are funds for services or projects that
were approved by the City Council but not yet contracted for. When Council originally
approves a project budget, funds are budgeted but the timeframe to complete the
project may extend into the next fiscal year. The continuing appropriations ($50,000)
is for the additional marketing activities the Council identified on June 2, 2015.
CIP and grant carryovers are not included as they are part of the year-end process and
will be included in the 2014/2015 year-end report.
ALTERNATIVES
Council may further adjust the various appropriations included in the recommended
Fiscal Year 2015/2016 budget.
Report prepared by: Rita Conrad, Finance Director
Report approved for submission by: Frank J. Spevacek, City Manager
Attachments: 1. General Fund Overview
2. General Fund Reserves Overview
3. Gann Limit Calculation
RESOLUTION NO. 2015 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, ESTABLISHING THE CITY'S
APPROPRIATION LIMIT FOR FISCAL YEAR 2015/2016 AND
APPROVING A BUDGET FOR FISCAL YEAR 2015/2016
WHEREAS, each year the La Quinta City Council adopts a Budget for Revenues and
Expenditures for the upcoming Fiscal Year; and
WHEREAS, the City Council desires to make provisions for a level of services
commensurate with the needs of the City; and
WHEREAS, the City Council has reviewed said budget and has had several public
meetings to receive public input; and
WHEREAS, the City Council has, after due deliberation and consideration, made
such amendments in the proposed budget as it considers desirable; and
WHEREAS, Section 7910 of the Government Code of the State of California provides
that each year the governing body of each local jurisdiction shall, by resolution, establish
its appropriations limit for the following fiscal year; and
WHEREAS, Section 7902(b) of the Government Code sets forth the method for
determining the said appropriations limit, to be based upon the limit applicable for the
prior fiscal year and adjusted for changes in the cost -of -living and in City population.
NOW, THEREFORE, BE IT RESOLVED by the City of La Quinta to adopt, as follows:
SECTION 1. The appropriations limit for the City of La Quinta established in
accordance with Section 7902(b) of the California Government Code, for Fiscal Year
2015/2016 is $109,037,717.
SECTION 2. It is hereby found and determined that in compliance with
Government Code Section 7910, the documentation used in the determination of said
appropriations limit for Fiscal Year 2015/2016 was available to the public in the Finance
Department of the City and in the Office of the City Clerk at least fifteen days prior to this
date.
SECTION 3. The Fiscal Year 2015/2016 Budget which is on file with the City Clerk is
hereby approved.
SECTION 4. Continuing Appropriations which remain unspent and were
authorized by Council in Fiscal Year 2014/2015 are approved in the Fiscal Year 2015/2016
Budget in an amount not to exceed $500,300. Of this amount, $319,300 is in General
Resolution No. 2015-
Budget Approval FY 2015/2016
Adopted June 16, 2015
Page 2
Fund Continuing Appropriations (Exhibit A).
SECTION 5. Encumbrances for Fiscal Year 2014/2015 for committed
appropriations are approved in the Fiscal Year 2015/2016 Budget in an amount not to
exceed $157,100. (Exhibit A).
SECTION 6. Budget adjustment procedures are approved as follows:
A. Additional appropriations and the transfer of cash or unappropriated
fund balance from one fund to another shall be made only upon City
Council approval.
B. Transfers of budgeted appropriations between divisions or capital
projects shall be made only upon City Council approval.
C. Transfers of budgeted appropriations between accounts within a
division or capital project may be made with the approval of the City
Manager or his designee.
D. Prior year budget continuing Appropriations and Encumbrances for
unexpended capital project and grant appropriations remaining
from uncompleted prior year capital projects and grant programs
shall be made with City Manager approval. These carry-over
appropriations are for prior year Council approved capital projects
and shall not exceed the approved project budget.
SECTION 7. The City Council, recognizing the need for maintaining Fund Balance
reserves has established a General Fund Cash Flow Reserve for Fiscal Year 2015/2016 of
10% of the Fiscal Year 2015/2016 operating budget which amounts to $3,664,150 for
Fiscal Year 2015/2016, and has also established a General Fund Emergency Reserve for
Fiscal Year 2015/2016 of 40% of the Fiscal Year 2015/2016 operating budget which
amounts to $14,656,600. The two aforementioned reserve categories cannot be
appropriated without the explicit approval of the City Council.
SECTION & The City Manager shall render a monthly report to the City Council on
the status of City operations as it relates to the approved budget and any amendments
thereto.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council
held on this 16th day of June, 2015, by the following vote:
AYES:
NOES:
ABSENT:
Resolution No. 2015-
Budget Approval FY 2015/2016
Adopted June 16, 2015
Page 3
ABSTAIN:
Linda Evans, Mayor
City of La Quinta, California
ATTEST:
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(SEAL)
APPROVED AS TO FORM:
William Ihrke, City Attorney
City of La Quinta, California
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Attachment 1
ESTIMATED CURRENT RESOURCES
REVENUES:
TAXES
LICENSES & PERMITS
INTERGOVERNMENTAL
CHARGES FOR SERVICES
FINES & ASSESSMENTS
OTHER/MISCELLANEOUS
TOTAL REVENUES
TRANSFERS IN
TOTAL ESTIMATED CURRENT RESOUCES
$
24,706,300
$
1,181,300
$
10,358,100
$
1,197,200
$
208,400
$
770,000
$ 38,421,300
$ 190,400
$ 38,611,700
CITY COUNCIL
$
283,300
CITY MANAGER
$
1,101,500
CITY ATTORNEY
$
380,000
HUMAN RESOURCES
$
330,600
CITY CLERK
$
523,100
COMMUNITY SERVICES
$
4,911,000
FINANCE
$
935,500
CENTRAL SERVICES
$
1,157,400
POLICE
$
13,939,600
FIRE
$
6,208,700
COMMUNITY DEVELOPMENT
$
3,528,800
PUBLIC WORKS
$
2,657,400
DEPARTMENTAL EXPENDITURES SUB TOTAL
$ 35,956,900
TRANSFERS OUT
$ 6,118,600
TOTAL ESTIMATED CURRENT REQUIREMENTS.
$ 42,075,500
SURPLUS/(SHORTFALL) REVENUES TO EXPENDITURES
$ (3,463,800)
June 2, 2015 to June 16, 2015 changes:
June 2, 2015 projected surplus
$ 87,200
Police contract savings
$
460,000
Eliminate IT position
$
117,900
Reduce temporary staffing
$
58,200
Cost for 3 new positions
$
(206,100)
Cost for 4 reclassifications
$
(27,000)
Village EIR cost
$
(150,000)
Code Compliance enhancement
$
(120,000)
Enhanced marketing
$
(50,000)
Net Savings/(costs)
$ 83,000
Revised Surplus June 2, 2015
$ 170,200
Additional CIP projects approved
$ (3,634,000)
Revised Surplus/(Shortfall) with CIP included:
$ "`PW(3,463,800)
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CiT / SA/ HA/ FA MEETING DATE: June 16, 2015 AGENDA CATEGORY:
ITEM TITLE: INTRODUCE AN ORDINANCE AMENDING BUSINESS SESSION: 3
SEVERAL CHAPTERS OF TITLE 5 OF THE MUNICIPAL
CODE RELATING TO BUSINESS REGULATIONS AND CONSENT CALENDAR:
DELETING CHAPTERS 5.16, 5.28, 5.44, 5.52, AND
11.60 OF THE MUNICIPAL CODE STUDY SESSION:
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 several chapters of
Municipal Code Title 5 relating to business regulation provisions and deleting
chapters 5.16, 5.28, 5.44, 5.52 and 11.60.
EXECUTIVE SUMMARY:
• The first comprehensive review of the Municipal Code ("code") is underway. Of
the 15 chapters being addressed, 13 were adopted at the City's incorporation in
1982 and have remained unchanged since adoption. The remaining two
chapters were adopted in 1995 and 2001 and have not been updated since that
time.
• Updates to Title 5 are necessary to align the code with current state code,
adhere to best practices, consolidate provisions, remove unnecessary detail,
provide for flexibility, and update terms.
FISCAL IMPACT:
None.
BACKGROUND/ANALYSIS:
Fifteen of the 17 chapters of Title 5 of the code are addressed in this report. No
updates were required to chapters 5.10 cable television systems, and 5.11 video
franchises.
The following summarizes the substantial changes to each chapter amended:
CHAPTER 5.08 CABARETS
The title of this chapter has been changed to more clearly reflect the subject matter it
seeks to regulate, i.e. entertainment businesses where alcohol is served. Unnecessary
provisions covered more thoroughly by state law, such as hours of operation and
unlocked doors, have been deleted. The remaining sections will be incorporated into
Title 9 conditional use permit provisions when that Title is revised, and this chapter will
be deleted in its entirety.
CHAPTER 5.12 DANCES
This chapter will eventually be deleted and its sections incorporated into Title 9
temporary use permit provisions when that Title is revised. In the meantime, the
chapter has been amended to consolidate and clarify sections, refer to the
standardized notice and appeal sections recently adopted, and update language to
reflect the contract relationship with County police and fire services.
CHAPTER 5.16 DRUG PARAPHERNALIA DISPLAY
State law deals with this subject more thoroughly and preempts municipal law so this
chapter has been deleted and the subject matter addressed in the miscellaneous
business regulations chapter (5.72) by requiring compliance with state law but
reserving the City's power to remedy.
CHAPTER 5.20 HANDBILLS
The ability to regulate handbill distribution has been maintained to allow the City to
remedy violations but the requirement to obtain a permit to do so has been
eliminated because in practice, no permit for this activity has ever been sought or
issued. Sections have been updated and two added to require a business license and
set a penalty for noncompliance.
CHAPTER 5.24 HOTEL REGISTRATION rAND OCCUPANCYI
This chapter has been combined with a similar chapter entitled: Occupancy of Hotel
Rooms by Minors (11.60). It has been renamed to include the added subject matter.
As an important tool for law enforcement, the chapter has been reworked to require
hotel proprietors to collect and maintain all the information on guests that
investigators may need.
CHAPTER 5.28 ICE VENDING MACHINES
This chapter has been deleted. It was adopted in 1982 as part of Ordinance 10, which
contained 102 chapters pulled from codes of various cities and the County to create
the first La Quinta Municipal Code. It is unnecessary in a desert setting, has never
been applied, and such machines are governed by County health codes.
CHAPTER 5.32 MASSAGE, THERAPY BUSINESSES
Revisions to this chapter release the City of the onerous responsibility of screening and
permitting these businesses by requiring them to hold valid certifications and permits
issued by the State Massage Therapy Council. In addition, fee amounts have been
removed and reference to the City's fee schedule inserted for greater flexibility to
adjust. Reference to the standardized notice and appeal sections has also been
inserted.
CHAPTER 5.38 PARKING ATTENDANTS
Title 9 includes a section dealing with valet parking that does not utilize public right-
of-ways. The regulations in this chapter addressing parking attendants using public
right-of-ways will be added to Title 9 use permit provisions when that Title is revised.
Until that time, the chapter has been amended to update the insurance requirements
and refer to the standardized notice and appeal sections recently adopted.
CHAPTER 5.40 PASSENGER CARRIERS
On April 2, 1996, the City executed an Implementation Agreement with Sunline
Services Group and other Valley cities to authorize Sunline to regulate taxis and
alternative for -hire transportation on its behalf. Section 1.3.2 of that Agreement
states: "...the cities shall repeal any laws, regulations, and ordinances which regulate,
license or franchise operators of taxicabs and Alternative Transportation within their
respective city limits..." Most previous sections of this chapter are now being deleted
to adhere to that Agreement, but in case that Agreement should ever become
ineffective, language has been added to incorporate Sunline's ordinance as part of La
Quinta's code until such time as the City adopts a new ordinance to regulate the
activity.
CHAPTER 5.44 SECONDHAND DEALERS, PAWNBROKERS, AND LOAN BROKERS
State law deals with this subject more thoroughly and preempts municipal law so this
chapter has been deleted and the subject matter addressed in the miscellaneous
business regulations chapter (5.72) by requiring compliance with State law but
reserving the City's power to remedy.
CHAPTER 5.48 PEDDLERS - SOLICITORS
This chapter was preserved to allow the City to regulate the activities of peddlers and
solicitors through a permitting process. The minor amendments update the
definitions and refer to the standardized notice and appeal sections recently adopted.
CHAPTER 5.52 PRIVATE PATROLS
State law deals with this subject more thoroughly and preempts municipal law so this
chapter has been deleted and the subject matter addressed in the miscellaneous
business regulations chapter (5.72) by requiring compliance with State law but
reserving the City's power to remedy.
CHAPTER 5.60 rLIQUIDATION-TYPEI SALES
This chapter will eventually be deleted and its sections incorporated into Title 9
temporary use permit provisions when that Title is revised. At this time, language has
been updated and reference made to the standardized notice and appeal sections
recently adopted.
CHAPTER 5.72 MISCELLANEOUS BUSINESSES REGULATED
Formally, this chapter addressed only locksmith businesses. It has now been
amended to consolidate the four business types that refer to compliance with State
law, including locksmiths, private patrols, drug paraphernalia, and secondhand
dealers.
CHAPTER 5.80 SEXUALLY ORIENTED BUSINESSES
This chapter was adopted in 1996 by numerous cities and has held up in court.
Therefore, only minor clean-up changes have been made to the text including
reference to the standardized notice and appeal sections recently adopted.
CHAPTER 11.60 OCCUPANCY OF HOTEL ROOMS BY MINORS
This chapter has been deleted and its provisions incorporated into chapter 5.24.
All chapters showing tracked changes 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. Tracked changes
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, AMENDING SEVERAL CHAPTERS OF
TITLE 5 AND DELETING CHAPTERS 5.16, 5.28, 5.44, 5.52,
AND 11.60 OF THE MUNICIPAL CODE
WHEREAS, Title 5 of the Municipal Code contains the chapters that address
business regulations, and;
WHEREAS, a comprehensive review of Title 5 was undertaken to examine each
chapter for accuracy, relevance, streamlining, straight -forward language, and
compliance with State law, and;
WHEREAS, amendments to several chapters of Title 5 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 5.08 CABARETS shall be retitled and amended as written in
Exhibit A attached hereto.
SECTION 2. CHAPTER 5.12 DANCES shall be amended as written in Exhibit A
attached hereto.
SECTION 3. CHAPTER 5.16 DRUG PARAPHERNALIA DISPLAY shall be deleted.
SECTION 4. CHAPTER 5.24 HOTEL REGISTRATION shall be retitled and amended as
written in Exhibit A attached hereto.
SECTION 5. CHAPTER 5.28 ICE VENDING MACHINES shall be deleted.
SECTION 6. CHAPTER 5.38 PARKING ATTENDANTS shall be amended as written in
Exhibit A attached hereto.
SECTION 7. CHAPTER 5.40 PASSENGER CARRIERS shall be amended as written in
Exhibit A attached hereto.
SECTION 8. CHAPTER 5.44 SECONDHAND DEALERS, PAWNBROKERS, AND LOAN
BROKERS 2.55 OFFICIAL HOLIDAYS shall be deleted.
SECTION 9. CHAPTER 5.48 PEDDLERS — SOLICITORS shall be amended as written in
Exhibit A attached hereto.
SECTION 10. CHAPTER 5.52 PRIVATE PATROLS shall be deleted.
SECTION 11. CHAPTER 5.60 SALES shall be renamed and amended as written in
Exhibit A attached hereto.
SECTION 12. CHAPTER 5.72 MISCELLANEOUS BUSINESSES REGULATED shall be
amended as written in Exhibit A attached hereto.
SECTION 13. CHAPTER 5.80 SEXUALLY ORIENTED BUSINESSES shall be amended as
written in Exhibit A attached hereto.
SECTION 14. CHAPTER 11.60 OCCUPANCY OF HOTEL ROOMS BY MINORS shall be
deleted.
SECTION 15. 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 16. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty
days after its adoption.
SECTION 17. 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 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
I_1».111011417_F12 t9l011 Uf A
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
EXHIBIT A
Chapter 5.08 ENTERTAINMENTS COMBINED WITH THE
CONSUMPTION OF ALCOHOLIC BEVERAGES
5.08.010 Entertainments defined.
As used in this chapter, "entertainments" means every act, play, burlesque show,
revue, pantomime scene, song and dance act, song rendition, music rendition, or
other entertainment participated in by one or more persons which is performed,
exhibited, shown or produced in any place within the city where alcoholic beverages
as defined by the State Alcoholic Beverage Control Act are being sold or offered for
sale for consumption on the premises.
5.08.020 Soliciting of drinks or trade.
No person owning, operating, managing or otherwise controlling any place as defined
in Section 5.08.010 shall conduct, sponsor or allow any entertainment at any time
when the practice of employees soliciting or accepting drinks of alcoholic beverages
from patrons is permitted.
No person shall engage in personally soliciting trade on any public street or sidewalk
at or near the entrance of a place with entertainment, nor shall any person owning,
operating, managing or otherwise controlling any place as defined in Section 5.08.010,
conduct, sponsor or allow any entertainment when the practice of soliciting business
is engaged in or permitted.
5.08.030 Entertainment not to be visible or audible from street.
No person owning, operating, managing or otherwise controlling any place as defined
in Section 5.08.010, shall suffer or permit any entertainment to be conducted which is
visible or plainly audible from any public street or sidewalk, except for such temporary
periods not exceeding one minute when patrons are entering or exiting through a
doorway.
Chapter 5.12 DANCES
5.12.010 Definitions.
In this chapter, unless another meaning is clearly apparent from the context:
A. "Club dance" means any dance held by a dancing club.
B. "Dancing club" means any club or association of persons which conducts dances
(other than public dances for its members or bona fide guests) more often than once
per month at which a fee is charged, either for admission to the dance or for dancing
therein, or at which any collection or donation of money is made or received, or in
which the amount of dues to be paid by each member is dependent upon attendance
at such dances by such members.
C. "Public dance" means a gathering of persons in or upon any premises where
dancing is participated in, either as the main purpose for the gathering or as an
incident to some other purpose, and to which premises the public is admitted.
D. "Public dance hall" means a place where dancing is conducted, whether for profit or
not for profit, and to which the public is admitted, either with or without charge or at
which the public is allowed to participate in the dancing, either with or without charge.
5.12.020 Hours.
No person shall conduct, manage, carry on, allow or participate in dancing at any
dancing club, public dance or public dance hall between the hours of two a.m. and
eight a.m.
5.12.030 Permit required.
No person, whether as principal, agent, employee or otherwise, shall conduct,
manage, carry on, or participate in any dancing club, dancing school, studio, public
dance or public dance hall unless by authority of a permit from the city manager.
5.12.040 Operation during suspension or revocation.
It is unlawful to conduct or manage or carry on any dancing club, public dance, or
public dance club or hall in the city under any permit issued under this chapter while
the permit is in a state of suspension or while any suspension or revocation with
respect to the permit continues to exist; and it is unlawful for any person to participate
in any such dance.
5.12.060 Effect of permit.
The issuance of any permit or temporary permit shall not be deemed to permit any
violation of law or ordinance or rule prescribed pursuant to Sections 5.12.250 and
5.12.260.
5.12.070 Posting of permit. The permit shall be conspicuously posted upon the
premises referred to therein, during the term thereof.
5.12.080 Requisites to issuance of permit —Factors considered.
No permit or temporary permit shall be issued under this chapter unless and until it
appears and is determined by the city manager, in his/her discretion, that the conduct
of the dance hall, dancing club, or public dance will comport with and not prejudice or
work to the disadvantage or injury or harm of the public peace, safety, morals, health
or welfare, and that the applicant will, for the term of the permit, have in force and
effect adequate insurance to protect the public and the city with regard to reasonably
foreseeable accidents and other liability, and the city manager and other city
departments, in acting upon any such application, shall consider any and all facts and
evidence pertinent, relevant or material with respect thereto and require such
conditions to permit issuance as the city manager deems necessary including making
the permit conditional upon the attendance of a special police or fire officer or
officers, appointed under Section 5.12.270 through 5.12.290.
5.12.100 Permit —Issuance.
Permits to conduct dancing clubs, dancing schools, studios, public dances or public
dance halls may be issued or renewed by the city manager upon the written
application of any person for himself or on behalf of any other person, and payment of
the required charges.
5.12.110 Permit —Expiration date.
Every such permit shall expire on September 30th following the date of issuance.
5.12.120 Filing of application —Fee.
Every such application shall be filed with the city manager, and at the time of filing the
applicant shall submit a payment in such amount as has been prescribed by resolution
of the city council, to defray the expense of investigation and processing.
5.12.130 Exemption from fee for casual dances.
There shall be no charge or fee for investigation where dances are proposed to be held
by charitable, memorial, fraternal or labor associations, student bodies of schools or
the proposed dances are in connection with patriotic or holiday celebrations or
festivals, where such dances are casual and for one such occasion only and are not
conducted more often than once per month.
5.12.140 Application —Presentation —Contents.
Every such written application for a permit shall be presented to the city manager and
shall set forth the following facts:
A. Applicant. The name and residence of the applicant or applicants, and if any
applicants are a firm, association, corporation or club, the names and residences of
the partners, officers, directors, managers and of all employees who will be in charge
of the dancing club, public dance, or public dance hall;
B. Location. The place for which the permit is desired or in which any dance or dances
are proposed to be held;
C. Time of Dances. The number and dates of the dances proposed to be held;
D. Police. Whether a special police officer pursuant to Sections 5.12.270 through
5.12.290 is desired for the dance or dances, and will be present at times dancing is
conducted, carried on or allowed.
5.12.150 Reference.
Upon filing of each application, it shall be referred by the city manager to departments
designated by the city manager for investigation and report.
5.12.160 Investigation.
The departments so designated shall make a thorough investigation as required for
the protection of the public peace, health, safety and general welfare, and may
require the submission of additional information by the applicant as is necessary to
the investigation.
5.12.170 Recommendation.
Thereafter, and within five business days from referral of the application, each
department designated shall report its findings and conclusions and make
recommendations concerning the application.
5.12.180 Consideration, decision by city manager — Time period, temporary permit.
After receiving the reports as provided for in Section 5.12.170, the city manager may
make such further investigations as he deems proper or advisable in the interest of
the public peace, health, safety and general welfare, and within thirty days from the
filing of the application shall either approve, conditionally approve or deny the
application according to the requirements of the public peace, health, safety or
general welfare. Should the city manager fail to act within said time, the application
shall be deemed denied. At any time after the application is filed, however, and
pending complete processing thereof, the city manager may issue a temporary permit
upon stated terms and conditions, including a fixed expiration date or indefinite
period subject to termination on notice, so long as the city manager tentatively
determines that the temporary permit for the activity desired to be held will comport
with and not prejudice nor work to the disadvantage or injury of the public peace,
safety, morals, health or welfare.
5.12.190 Suspension of permit —Requirement of police officer.
The city manager may at any time temporarily suspend any permit issued under this
chapter, or may require the attendance of a special police officer during all or certain
times dancing is conducted, carried on or allowed, as a condition to the continued
exercise of the permit, when s/he finds and determines that the public peace, safety,
morals, health or welfare require or will be promoted or best served by such
suspension or special police officer attendance.
5.12.200 Service of notices and orders.
The service of any notices or orders pursuant to this chapter shall be served in
accordance with Section 1.01.300 of this code.
5.12.210 Right to be heard.
The holder of any permit, suspended permit or revoked permit shall be afforded an
opportunity to be heard and to present evidence on his/her behalf at an appeal
hearing before the city manager held in accordance with sections 2.08.180 through
2.08.230 of this code.
5.12.220 Action by city manager upon hearing.
Upon hearing held by the city manager , and adjournments and continuances thereof
upon the notice, the city manager may revoke, suspend, further suspend or apply
conditions to the further exercise of any permit issued under this chapter because of
anything done or omitted by the permittee, his/her agents or employees or the
patrons of his/her establishment upon the premises involved contrary to the
provisions of any applicable state law, or of this chapter or any ordinance of the city,
or of the rules prescribed by the city manager pursuant to sections 5.12.230 and
5.12.240, or when the public peace, safety, morals, health or welfare require or will be
promoted or best served by any such action.
5.12.230 Power to make rules and regulations.
The city manager may make rules and regulations governing dancing clubs, public
dances, or public dance halls within this city which shall govern and apply to all
permittees under this chapter.
5.12.270 Special police officers —Requested by applicant.
Any person conducting, managing, or carrying on any dancing club, public dance or
public dance hall shall have the right to apply to the city manager for appointment of
a special police officer or officers of the city to be present and in attendance at the
dancing club, public dance or public dance hall during all times that dancing is
conducted, carried on or allowed therein, for the purpose of preserving order and
preventing any violation of any law of the state, or any ordinance of the city, or any
rule prescribed under Sections 5.12.230 and 5.12.240.
5.12.280 Special police and fire officers required by city.
The city manager may require the presence and attendance of a special police officer
or officers, or also a special fire officer or officers in accordance with the provisions of
the Uniform Fire Code relating to standby firemen at places of public assembly, any of
which requirements may be prescribed as a condition or conditions to the exercise of
any permit, long term or temporary, as provided for in this chapter. In such event, the
permit shall be effective only during the attendance of the police and/or fire officer or
officers.
5.12.290 Cost of policing.
A. Fees. The expense of any such special officer or officers so appointed for such
attendance shall be paid by the person so conducting, managing, or carrying on any
dancing club, public dance, or public dance hall in accordance with such schedule of
fees for such services as may be found to be reasonable and established by the chief
of police or the fire chief, as the case may be.
B. Payment shall be made to the County Sheriffs Department and/or County Fire
Department for the expense of the special officer(s) in the manner and on the dates
prescribed by those County departments.
5.12.300 Appeals.
Any person aggrieved by any decision of the city manager with respect to denial or
issuance of any permit, conditions attached thereto, or any other administrative
action taken pursuant to the terms of this chapter, may appeal to the city council
pursuant to Sections 2.04.100 through 2.04.130 of this code.
Chapter 5.20 HANDBILLS
5.20.010 Purpose.
To protect the people from the nuisance of, and incident to, the promiscuous
distribution of handbills and circulars, particularly commercial handbills, as defined in
this chapter, with the resulting detriment and danger to public health and safety, the
public interest, convenience and necessity requires the regulation thereof, and to that
end the purposes of this chapter are specifically declared to be as follows:
A. To protect the people against the unlawful activities or operations of dissolute
persons of criminal habits or tendencies, representing themselves as solicitors,
canvassers, or handbill solicitors, canvassers, or handbill distributors, together with
their employers, by regulating the business of handbill and advertising distribution;
B. To protect local residents against trespassing by solicitors, canvassers, or handbill
distributors, upon private property of such residents if they have given reasonable
notice, as defined in Section 5.20.080 that they do not wish to be solicited by such
persons, or do not desire to receive handbills or advertising matter;
C. To protect the people against the health and safety menace and the expense
incident to the littering of the streets and public places by the promiscuous and
uncontrolled distribution of advertising matter and commercial handbills;
D. To preserve to the people their constitutional right to receive and disseminate
information not restricted under the ordinary rules of decency and good morals and
public order, by distinguishing between the nuisance created by the promiscuous
distribution of advertising and commercial circulars and the right to deliver
noncommercial handbills to all who are willing to receive them, said right being
limited solely by the needs of pedestrian and traffic safety.
5.20.020 Definitions.
The following words, terms and phrases when used in this chapter have the meaning
ascribed to them in this section except where the context clearly indicates a different
meaning:
A. "Commercial handbill" means and includes any printed or written matter, any
sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, sign, bill, poster,
picture, lithograph, map, plat or any other printed or otherwise reproduced original or
copies of any matter or literature:
1. Which advertises for sale any merchandise, product, commodity, thing or
service; or
2. Which directs attention to any business or mercantile or commercial
establishment, or other activity, for the purpose of either directly or indirectly
promoting the interests thereof by sales; or
3. Which directs attention to or advertises any meeting, theatrical performance,
exhibition, or event of any kind, for which an admission fee is charged for the purpose
of private gain or profit; but the terms of this subdivision shall not apply where an
admission fee is charged or a collection is taken up for the purpose of defraying the
expenses incident to the meeting, theatrical performance, exhibition or event of any
kind, when either of them is held, given or takes place in connection with the
dissemination of information which is not restricted under the ordinary rules of
decency, good morals, public peace, safety and good order; provided, that nothing
contained in this subdivision shall be deemed to authorize the holding, giving or taking
place of any meeting, theatrical performance, exhibition, or event of any kind, without
a license where the license is or may be required by any law of this state, or under any
ordinance of this city; or
4. Which, while containing reading matter other than advertising matter, is
predominantly and essentially an advertisement, and is distributed or circulated for
advertising purposes, or for the private benefit and gain of any person so engaged as
advertiser or distributor.
B. "Handbill distributor" means and includes any person engaging or engaged in the
business for hire or gain of distributing commercial or noncommercial handbills, other
than newspapers distributed to subscribers thereof, and any person receiving
compensation directly or indirectly for the distribution of such handbills.
C. "Newspaper" means and includes any newspaper of general circulation as defined
by general law, any newspaper duly entered with the Post Office of the United States,
in accordance with federal statute or regulation, and any newspaper filed and
recorded with any recording officer as provided by general law; and, in addition
thereto, means and includes any periodical or current magazine regularly published
with not less than four issues per year, and sold to the public.
D. "Noncommercial handbill" means and includes any printed or written matter, any
sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper,
booklet, sign, bill, poster, picture, lithograph, map, plat or any other printed or
otherwise reproduced original or copies of any matter or literature not included in the
definition of a sign, or a commercial handbill, or a newspaper.
E. "Person" means and includes any person, firm, partnership, association,
corporation, company, or organization of any kind.
F. "Private premises" means and includes any dwelling, house, building, or other
structure, designed or used either wholly or in part for private residential purposes,
whether inhabited or temporarily or continuously uninhabited or vacant, and includes
any yard, grounds, walk, driveway, porch, steps, vestibule, building or other structure.
G. "Public place" means and includes any and all streets, boulevards, avenues, lanes,
alleys, walkways, bikeways or other public ways, and any and all public parking
facilities, public parks, public golf courses, squares, spaces, plazas, grounds and
buildings.
5.20.030 Posting notice, placard or bill prohibited in certain cases.
No person shall post, stick, stamp, paint or otherwise fix, or cause the same to be done
by any person, any notice, placard, bill, card, poster advertisement or other paper or
device calculated to attract the attention of the public, to or upon any sidewalk,
crosswalk, curb or curbstone, flagstone or any other portion or part of any public way
or public place, or any lamppost, electric light, telegraph, telephone or trolley line pole,
or railway structure, hydrant, tree or tree -box, or upon the piers, columns, trusses,
girders, railings, gates or other parts of any public bridge or viaduct or other public
structure or building, or upon any pole, box, or fixture of the fire alarm or police
telegraph system, except such as may be authorized or required by the laws of the
United States, or the state and the ordinances of the city.
5.20.040 Throwing, broadcasting or distributing handbills in public places
prohibited.
It is unlawful for any person to deposit, place, throw, scatter or cast any commercial
or noncommercial handbill in or upon any public place within this city; and it is also
unlawful for any person to hand out or distribute or sell any commercial handbill in
any public place; provided however, that it is not unlawful for any person to hand out
or distribute, without charge to the receiver thereof, any noncommercial handbill in
any public place to any person willing to accept the noncommercial handbill as
provided in this chapter.
5.20.050 Placing commercial handbills in or on vehicles prohibited.
No person shall distribute, deposit, place, throw, scatter or cast any commercial
handbill in or upon any automobile or other vehicle.
5.20.060 Distribution on uninhabited or vacant private premises prohibited.
It is unlawful for any person to distribute, deposit, place, throw, scatter, or cast any
commercial or noncommercial handbill in or upon any private premises which are
temporarily or continuously uninhabited or vacant.
5.20.070 Distribution prohibited where properly posted.
It is unlawful for any person to distribute, deposit, place, throw, scatter or cast any
commercial or noncommercial handbill upon any inhabited private premises, if
requested by anyone thereon not to do so, or if there is placed on the premises in a
conspicuous position near the entrance thereof, a sign bearing the words "NO
TRESPASSING," "NO PEDDLERS OR AGENTS," "NO ADVERTISEMENT" or similar notice
indicating in any manner that the occupants of the premises do not desire to be
molested or have their right of privacy disturbed, or to have any such handbills left
upon the premises.
5.20.080 Distribution on inhabited private premises —Not posted.
In the case of inhabited private premises which are not posted as provided in this
chapter, a person holding a valid city business license, unless requested by anyone
upon the premises not to do so, may place or deposit any such handbill in or upon the
inhabited private premises, if the handbill is so placed or deposited as to secure or
prevent the handbill from being blown or drifted about the premises or elsewhere
except that mailboxes may not be used.
5.20.090 Distributors' compliance; Advertising from own premises.
It is unlawful for any person to engage in the business of handbill distributor for hire,
or for any person to distribute commercial or noncommercial handbills, without first
complying with the terms of this chapter and all other relevant laws and regulations;
provided, that nothing contained in this chapter shall apply to any person advertising
his/her business or activity upon his/her own premises, if the business or activity is
regularly established at a definite location in the city, and also if a valid business
license has been obtained therefor, if the business license is required under the terms
of any applicable law or ordinance.
5.20.100 Business license required.
A city business license shall be obtained by every person in accordance with chapter
3.28 of this code before any person may become a handbill distributor.
5.20.110 Exemption.
The provisions of this chapter shall not be deemed to apply to the distribution of mail
by the United States, nor to newspapers as defined in this chapter, except that no
common carrier shall deliver newspapers in the city by leaving the same at any
stopping place or in any street corner or elsewhere in the city unless such papers are
bound, tied or fastened together in such a way or manner as will prevent the same
from blowing and becoming scattered, nor may such papers remain at any stopping
place anywhere in the city later than 9:00 a.m. daily.
5.20.120 Violation — Penalty.
Any person violating any provision of this chapter is guilty of an infraction.
Chapter 5.24 HOTEL REGISTRATION AND OCCUPANCY
5.24.005 Definitions.
The following definitions are applicable to this chapter:
A. "Adult" means any competent person over eighteen years of age.
B. "Hotel" means lodginghouse, roominghouse, recreation vehicle park, hotel or
motel or apartment house.
C. "Minor child" means any person less than eighteen years of age.
D. "Occupancy" or "occupation" includes but is not limited to any type of rental, lease,
sublease or letting of hotel rooms for compensation or otherwise.
E. "Parent" means the natural or adopted parent or relative eighteen years or more
of age, or the legal guardian.
F. "Room" means and includes any rental, hotel room, apartment, or any type of
hotel accommodation.
5.24.010 Registration required.
Every owner, keeper or proprietor of any lodginghouse, roominghouse, recreation
vehicle park, hotel or motel shall keep a register wherein s/he shall require all guests,
roomers or lodgers to inscribe their names and addresses upon their procuring lodging
or a room or accommodations. Before furnishing any lodging for hire to any person,
the proprietor, keeper, manager or owner thereof shall compare each name inscribed
against a valid government -issued identification document as verification of accurate
identity inscribed in register and shall set opposite the each name the correct date
and time when so inscribed, and the room or space occupied, or to be occupied by the
lodger, roomer or guest. At the time of departure of each guest, every owner, keeper
or proprietor shall endorse upon such register the date of such departure and no
person shall erase, alter, delete or remove any information written in such register.
5.24.020 Form of register; retention of register.
The register required in Section 5.24.010 shall be kept in either a substantially bound
book, compilation of registration cards, or electronic format; and which register shall
be preserved for a minimum period of three years after the date of its most recent
entry.
5.24.030 Access to register.
The register shall at all times be open to inspection by the chief of police, any regular
police officer of this city, code enforcement officer, city audit staff members, and any
other city officer or employee for law enforcement or other official city business
purposes.
5.24.040 Duty to register.
Every person engaging or to whom there is furnished any room or accommodations at
a lodginghouse, roominghouse, recreation vehicle park, hotel or motel shall first sign
the register and give the information as provided in the preceding sections.
5.24.050 False name or address.
No person referred to in Section 5.24.030 shall write or allow to be written any other
than his/her true name and address upon the registration; nor shall any person write
thereon other than the true name and address of any other guest upon the
registration.
5.24.060 Hotel owner responsibility.
No hotel owner, operator or employee shall permit the occupancy of any room by any
minor child, unless the minor child is accompanied by his/her parent, legal guardian or
a responsible adult authorized in writing by a parent or legal guardian of the minor
child.
5.24.070 Duty of parent or adult.
No adult or parent registering with a minor child, as provided in Section 5.24.050,
shall, except in the case of sickness, death, or act of God, fail to remain registered for a
period equal to the longest period of occupation by the minor child.
rer 22 rrnPrhir_ n�eruTA -delete
Chapter 5.32 MASSAGE, THERAPY BUSINESSES
5.32.010 Definitions.
A. "Applicant" means the individual seeking a permit pursuant to this chapter.
B. "Certified copy" means a copy of a document that is certified by the issuer as
being a true and accurate copy of the original document or a similar document
bearing an original signature of the issuer.
C. "Certified massage practitioner" means a person who is certified by the
Massage Therapy Council, under California Business and Professions Code § 4604.2
and who administers massage.
D. "Certified massage therapist" means a person who is certified by the Massage
Therapy Council, under California Business and Professions Code § 4604 and who
administers massage.
E. "Certified statement" means a written assertion, claim or declaration bearing
the original signature of the issuer.
F. "Communicable disease" shall mean tuberculosis, or any disease which may be
transmitted from a massage therapist to a patron through normal physical contact
during the performance of any massage service.
G. "Complete application" shall mean an application, which provides all of the
requisite information required to be provided by an applicant pursuant to this chapter.
H. "Disqualifying conduct" means any of the following when occurring within five
years of any application made pursuant to this chapter:
1. Pandering as set forth in California Penal Code Section 266i;
2. Keeping or residing in a house of ill -fame as set forth in California Penal
Code Section 315;
3. Keeping a house for the purpose of assignation or prostitution, or other
disorderly house as set forth in California Penal Code Section 316;
4. Prevailing upon a person to visit a place of illegal gambling or
prostitution as set forth in California Penal Code Section 318;
5. Lewd conduct as set forth in California Penal Code Section 647,
subdivision (a);
6. Prostitution activities as set forth in California Penal Code Section 647,
subdivision (b);
7. Any offense committed in any other state which, if committed or
attempted in this state, would have been punishable as one or more of the
offenses set forth in California Penal Code Sections 266(i), 315, 316, 318, or
647, subdivisions (a) or (b);
8. Any felony offense involving the sale of any controlled substance
specified in California Health and Safety Code Sections 11054, 11055, 11056,
11057, or 11058;
9. Any offense committed in any other state which, if committed or
attempted in this state, would have been punishable as a felony offense
involving the sale of any controlled substance specified in California Health
and Safety Code Sections 11054, 11055, 11056, 11057, or 11058;
10. Any misdemeanor or felony offense which relates directly to the practice
of massage therapy, whether as a massage therapy business owner or
operator, or as a massage therapist; or
11. Any felony the commission of which occurred on the premises of a
massage therapy establishment.
I. "Filing date of application" means the date on which the permit administrator
determines that a complete application pursuant to this chapter has been submitted
to the permit administrator by the applicant.
I "Full nudity" or "semi -nudity" means any of the following: (a) the appearance or
display of an anus, male or female genital, pubic region, or a female breast below a
point immediately above the top of the areola, and/or (b) a state of undress which less
than completely and opaquely covers an anus, male or female genital, pubic region or
a female breast below a point immediately above the top of the areola.
K. "Manager" means the individual(s) who are responsible for the management
and/or supervision of a massage therapy business.
L. "Massage" or "massage therapy" means any method of pressure on, or friction
against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the
external parts of the human body with the hands or with the aid of any mechanical or
electrical apparatus or appliances, with or without supplementary aids such as
creams, ointments, or other similar preparations commonly used in the practice of
massage, under such circumstances that it is reasonably expected that the person to
whom the treatment is provided or some third person on his or her behalf will pay
money or give any other consideration or any gratuity therefor. "Massage" and
"massage therapy" shall include such manipulation of the body or similar procedures
described in this paragraph that are performed in hydrotherapy, spa or similar bath
facilities.
M. "Massage certificate" means a valid certificate issued by the Massage Therapy
Council pursuant to California Business and Professions Code § 4600 et seq.
N. "Massage therapy establishment" means any business that derives income or
compensation from massage therapy services, whether or not massage is performed
on the premises of a fixed business site.
O. "Massage therapist" means an individual who, for any consideration
whatsoever, performs or offers to perform a massage.
P. "Massage Therapy Council" means the organization created pursuant to
Chapter 10.5 of Division 2 of the California Business and Professions Code (Business
and Professions Code § 4600 et seq.) to provide State certification of massage
practitioners and massage therapists.
Q. "Operator" means any of the following: (a) the owner, (b) the permit holder and
applicant(s) therefor, (c) custodian, (d) manager, or (e) person in charge of any
massage therapy establishment.
R. "Off -premises massage" means a massage performed at a location that is not
a massage therapy establishment for which a permit to operate as a massage therapy
establishment has been granted by the city.
S. "Patron" means any person who receives a massage in exchange for any form
of consideration including, but not limited to, the payment of money.
T. "Permit" means a written permit to operate a massage therapy establishment.
A "reciprocal permit" means a permit issued by this jurisdiction based on the fact that
the applicant holds a valid massage therapy establishment permit issued by another
jurisdiction in the Coachella Valley. An "original permit" means a massage therapy
establishment permit issued by the City without regard to whether the applicant holds
a massage therapy establishment permit issued by another jurisdiction.
U. "Permit administrator" means the city manager or his designee, who will be
responsible for issuing and revoking permits and otherwise administering any
provision of this chapter.
V. "Permittee" means the person to whom a permit has been issued pursuant to
this chapter.
W. "Person" means any of the following: (a) an individual, (b) a proprietorship, (c) a
partnership, (d) a corporation, (e) an association, (fl a limited liability company or (g)
any other legal entity.
X. "Physicians certificate" means a certified statement from a physician licensed
to practice medicine in the United States that provides that the applicant has, within
sixty days prior to the filing date of the application, been examined by said physician
and it has been determined that the applicant is free of any communicable disease as
defined in this chapter.
Y. "Specified anatomical area" means human genitals, pubic region, anus, or a
female breast below a point immediately above the top of the areola.
Z. "Specified sexual activities" means any of the following: (a) the fondling or
other erotic touching of human genitals, pubic region, anus, or female breasts, (b) sex
acts, normal or perverted, actual or simulated, including, but not limited to,
intercourse, oral copulation, masturbation, or sodomy, or (c) excretory functions as
part of or in connection with the fondling or other erotic touching of human genitals,
pubic region, buttocks, anus, or female breasts, sex acts, normal or perverted, actual
or simulated, including inter -course, oral copulation, masturbation, or sodomy.
5.32.020 Massage therapy establishment permits and massage certifications
required.
A. Massage Establishment Permit. No person shall operate, engage in, conduct or
carry on, or to permit to be engaged in, conducted or carried on, the operation of a
massage establishment unless: (1) all persons providing massage in connection with
the establishment are certified massage practitioners and/or certified massage
therapists; and (2) the massage establishment operator has obtained a massage
establishment permit from the City pursuant to the provisions of this Chapter, as well
as any other permits, licenses and other approvals required by law.
B. Massage Therapist Certification. Only a person holding a current massage
certificate issued by the Massage Therapy Council shall perform or offer to perform
massage therapy in the city. Nothing herein shall exempt a person from zoning or
other applicable requirements set out elsewhere in this code or in the zoning
ordinance, and every person shall comply with all such requirements.
C. Off -premises Endorsement. Except as expressly provided in this chapter, no
person shall perform or offer to perform an off -premises massage unless he or she
has a valid massage therapist off -premises endorsement, issued to him or her
pursuant to the provisions of this chapter. Nothing herein shall exempt a person from
zoning or other applicable requirements set out elsewhere in this code or in the zoning
ordinance, and every person shall comply with all such requirements.
D. The permit requirements of this chapter shall be in addition to the requirement
of a business license set out elsewhere in this code, as well as any other license,
permit or fee required by any local, county, state or federal law.
5.32.030 Consent.
By applying for a permit under this chapter, the applicant shall be deemed to have
consented to the provisions of this chapter and to the exercise thereunder by the
permit administrator and the city's officials, representatives and employees charged
with implementing and/or enforcing the provisions set forth in this chapter.
5.32.040 Permit administrator's responsibilities.
The city shall designate a permit administrator who shall be responsible for granting
or denying all permits described in this chapter and said permits shall only be granted
or denied pursuant to the provisions described herein and all other applicable laws. If
no designation is made pursuant to this provision, the city manager shall be deemed
the permit administrator.
Where used herein with respect to the permit administrator's responsibilities, words
such as "shall" and "must" are not intended by the city to self -impose liability and are
instead intended only to be directory.
5.32.050 Reciprocal massage therapy establishment permit allocation.
A. If an applicant holds a current massage therapy establishment permit issued
by any other jurisdiction in the Coachella Valley, then application for a reciprocal
massage therapy establishment permit may be made by submission, to the permit
administrator, of all of the following:
1. A certified copy of a current massage therapy establishment permit
issued by any other jurisdiction in the Coachella Valley;
2. A certified copy of the original and all renewal applications related to the
massage therapy establishment permit issued by the other Coachella Valley
jurisdiction(s); and
3. A non-refundable application fee as represented in the City's fee
schedule to defray the costs of administering this chapter.
B. If the massage therapy permit submitted in support of an application for a
reciprocal permit includes an off -premises endorsement, the application shall be
deemed an application for both a massage therapy establishment permit and an off -
premises endorsement and no further documentation, information or fees shall be
required in order to apply for an off -premises endorsement to the reciprocal permit.
5.32.060 Original massage therapist permit application.
A. If an applicant does not hold a current massage therapy establishment permit
issued by another jurisdiction in the Coachella Valley, application for issuance of a
massage therapy establishment permit shall be made, under oath, on a form provided
by the City. The following information, documents and other requirements shall be
included with the submission of all such applications:
1. The applicant's legal name, any aliases and date of birth;
2. The applicant's home and business addresses, corresponding telephone
numbers, and permanent address and telephone number, if different;
3. Written evidence that the applicant is at least eighteen (18) years of age;
4. The previous home addresses of the applicant for the ten (10) years prior
to the filing date of the application, and the dates of residency at each such
address;
5. The names, addresses and descriptions of all current and former
businesses owned, operated or managed by applicant for the ten (10) years
prior to the filing date of the application, and the dates applicant owned,
operated or managed each such business;
6. Employment history for the ten (10) years prior to the date of
application, and all massage or similar business history and experience;
7. Two front -face portrait photographs taken within thirty (30) days of the
date of application, at least two inches by two inches in size;
8. Applicant's weight, height, color of hair and eyes, and sex;
9. The applicant's driver's license number or identification number;
10. The applicant's fingerprints taken within the previous sixty (60) days by
an agency approved by the permit administrator;
11. The applicant's social security number and/or state or federally issued
tax identification number;
12. A description of the proposed massage establishment, including the type
of treatments to be administered;
13. A list of all of applicant's criminal convictions, excluding traffic violations;
14. Whether or not the applicant has ever been convicted of any
disqualifying conduct, as defined in this chapter;
15. Whether or not the applicant is required to register as a sex offender
pursuant to the California Penal Code Section 290;
16. Whether or not applicant has had a previous permit, license or other
authority for massage services denied, suspended or revoked by any entity. If
so, the date, location and reasons for the denial, suspension or revocation;
17. Whether or not the applicant has been a sole proprietor, general partner,
officer, director, member or employee of any massage therapy business that
has had a permit, license or authority to operate a massage business denied,
suspended or revoked by any entity. If so, the applicant shall provide the name
and location of the massage therapy establishment or business for which the
permit was denied, suspended or revoked, the date of the denial, suspension or
revocation, and the reason(s) for the denial, suspension or revocation;
18. A complete list of the names and current residence addresses of all
proposed massage therapists, practitioners, technicians, aides, trainees and
other employees who are or will be employed in the massage establishment, if
known. If not known at the time of submission of the application, the applicant
shall provide the required information no later than seven (7) calendar days
prior to opening for business;
19. For each person that the massage establishment does or will employ,
retain or permit to perform massage, whether on- premises or off -premises, a
certified copy of that person's current massage certificate issued by the
Massage Therapy Council, and a copy of that person's identification card issued
by the Massage Therapy Council;
20. The name and current residence addresses of all proposed operators and
managers who will be principally in charge of the operation of the massage
therapy establishment.
B. The applicant shall provide the permit administrator with the authorization to
seek information and conduct the necessary background investigations to determine
the truthfulness and correctness of the information provided by applicant and
whether the applicant is qualified pursuant to this chapter to receive the requested
massage therapy establishment permit.
C. The applicant shall date and sign the application and declare under penalty of
perjury that the information contained in the application is true and correct.
D. The applicant shall pay a non-refundable application deposit fee as represented
in the city's fee schedule at the time of filing an application to defray the costs of
administering this chapter which fee shall be in addition to any other permit
application fees.
5.32.070 Supplemental application for off -premises endorsement.
A. If an applicant does not hold a current permit with an off -premises
endorsement issued by another Coachella Valley jurisdiction, application for an off -
premises endorsement to a massage therapy establishment permit shall be made,
under oath, on a form provided by the City. The following information, documents and
other requirements shall be included with the submission of all such applications:
1. The applicant's legal name;
2. A copy of applicant's massage therapy establishment permit issued
pursuant to this chapter, or reciprocal permit, if application therefor is not
submitted concurrently; and
3. A complete list of the names and current residence addresses of all
persons who are anticipated to provide off -premises massage, as well as a
certified copy of each person's current massage certificate and identification
card issued by the Massage Therapy Council.
B. The applicant shall provide the permit administrator with the authorization to
seek information and conduct the necessary background investigations to determine
the truthfulness and correctness of the information provided by applicant and
whether the applicant is qualified pursuant to this chapter to receive the requested
off -premises endorsement.
C. The applicant shall date and sign the application, declaring under penalty of
perjury that the information contained in the application is true and correct.
D. The applicant shall pay a non-refundable application deposit fee as represented
in the city's fee schedule at the time of filing an application for an off -premises
endorsement to defray the cost of administering this chapter, which fee shall be in
addition to any other permit application fees.
5.32.080 Processing the application.
A. All applications shall be submitted to the permit administrator.
B. Upon receipt of an application and payment of a nonrefundable application
deposit fee, the permit administrator shall immediately stamp the application as
received on that date. Within thirty (30) days thereafter, the permit administrator
shall notify the applicant if the application is deemed incomplete. Any subsequent
submission shall be deemed a new application.
C. Upon receipt of a completed application, the permit administrator shall cause
an investigation to be made by the appropriate individuals or departments as
determined by the permit administrator to be necessary for review and investigation
of the accuracy of the information contained in the application and compliance with
all applicable regulations.
D. The building official or his designee shall inspect the premises proposed to be
devoted to the massage therapy establishment and shall make a recommendation to
the permit administrator concerning compliance with the provisions of this chapter.
E. Each department or division to which the application is submitted by the permit
administrator shall respond in writing to the permit administrator.
F. The permit administrator shall grant or deny an application for an original
permit within sixty (60) business days of receipt of a complete application. The permit
administrator shall grant or deny a reciprocal permit or a renewal application within
thirty (30) calendar days of receipt of a complete application therefor.
5.32.090 Grounds for denial of application.
A. An application for a massage therapy establishment permit shall be denied if the
permit administrator finds that, in the case of an application for a reciprocal permit,
the massage therapy establishment permit or off -premises endorsement that the
applicant alleges to have been issued by another Coachella Valley jurisdiction is not
valid and/or current. In all other cases, the application shall be denied if the permit
administrator finds any of the following:
1. The applicant is not eighteen (18) years of age or older;
2. The application contains false information;
3. Any of the massage certificates submitted with the application are
determined to be invalid;
4. The applicant has been convicted of disqualifying conduct;
5. The applicant is required by the California Penal Code to register as a sex
offender;
6. The applicant has had a massage therapist permit, or a permit or license
to operate a massage therapy establishment, denied, revoked or suspended by
any entity within five (5) years prior to the date of the application; or
7. The application is incomplete or any required information or document
has not been provided with the application.
B. If the permit administrator denies the application, he or she shall notify the
applicant of the denial in writing and state the reason(s) for the denial.
C. Any subsequent information submitted to cure the grounds for denial of an
application shall be treated as a new application.
5.32.100 Issuance of permit.
A. The permit administrator shall issue the permit if there are no grounds to deny
the permit as set forth in this chapter.
B. A massage therapy establishment permittee shall not perform, offer to
perform, or allow the performance of massage therapy services at any site other than
a lawfully operating fixed -location massage therapy establishment unless the
permittee's massage therapy establishment permit includes an off -premises
endorsement.
C. Every massage therapy establishment shall display the massage therapy
establishment permit issued to it pursuant to this chapter in a conspicuous place so
that it may be readily seen by persons entering the premises.
D. All areas of the massage therapy establishment shall be subject to reasonable
inspections during its hours of operation to ensure compliance with this Code, state
laws regulating the practice of massage, and all other applicable laws and regulations.
5.32.110 Temporary permits.
A. Upon a finding of good cause therefor, the permit administrator may issue a
temporary permit to any person who possess a valid permit issued by any other
governmental entity pursuant to requirements that are similar to those set out in this
chapter.
B. Application for a temporary permit shall be made by written request that
includes a statement, under penalty of perjury, of the justification for a temporary
permit. Said request shall be submitted to the permit administrator, together with the
following:
1. A certified copy of a valid permit issued by any other jurisdiction, and a
copy of the application for such permit;
2. A certified copy of the provisions of the ordinance or other local law
pursuant to which the permit was issued by said other jurisdiction;
3. If the person intends to personally provide massage services, a certified
copy of the person's valid massage certificate issued by the Massage Therapy
Council;
4. Proof of identification; and
5. A non-refundable application deposit fee as represented in the City's fee
scheudle to defray the cost of administering this chapter which fee shall be in
addition to any other permit application fees. .
C. All temporary permits shall automatically expire thirty (30) days after the date
of issuance of the subject temporary permit. The permit administrator shall have the
discretion to extend the term of any temporary permit an additional thirty (30) days
provided that the entire term of the subject temporary permit does not exceed a total
period of ninety (90) days.
D. The permit administrator may condition the issuance of a temporary permit on
any additional requirements that he or she deems necessary to assure the purpose
and policy of this chapter is met.
5.32.120 Keeping application and ordinance current.
A. During the effective duration of the permit, the permittee shall promptly
update, correct or supplement the information contained in the application therefor
on file with the permit administrator when necessary to keep the information
contained therein current and accurate. Circumstances giving rise to the need for
such supplemental information include, but are not limited to, changes in the types of
services to be provided, and changes in the persons employed or retained by the
massage therapy establishment to perform massage or the status of such person's
massage certificate. Corrections and supplemental information shall be provided
within seven (7) calendar days of the permittee becoming aware of the information.
B. Where reference is made herein to any statute or other law, said reference shall
include any subsequent amendment or superseding provision thereto.
5.32.130 Renewal of permit.
A. All permits shall expire one year from the date they are issued, except that an
off -premises endorsement shall expire concurrently with the corresponding massage
therapy establishment permit.
B. Applications for renewal of a permit shall be made thirty (30) calendar days
prior to the expiration date of the permit. Application for renewal shall be in the same
manner as the original application. However, to the extent that the information
previously submitted to the permit administrator remains current, a statement to that
effect shall be sufficient and no further information or documentation shall be
required except as follows:
1. Renewal of a Reciprocal Permit.
a. Where the applicant seeks to renew a reciprocal permit,
application for renewal shall include evidence that the underlying
massage therapy establishment permit remains valid and current.
b. For renewal of a reciprocal permit, permittee shall pay a
nonrefundable renewal application deposit fee as represented in the city's
fee schedule to help defray the expense administering this chapter which
fee shall be in addition to any other permit application fees.
C. A reciprocal permit shall not be renewed if the underlying
massage therapy establishment permit has expired and has not been
renewed, or if the underlying permit has been revoked, or is otherwise no
longer valid. If renewal of a reciprocal permit is denied because the
underlying permit is no longer valid, permittee shall submit a complete,
original application and comply with all submission requirements set out
in this chapter for application for an original massage therapist permit. All
such applications shall also include an explanation of the reason that the
reciprocal permit is no longer valid.
2. Renewal of Original Permits.
a. For renewal of an all massage therapy establishment permits
other than reciprocal permits, permittee shall pay a non-refundable
renewal application deposit fee as represented in the city's fee schedule
at the time of filing the renewal application to help defray the expense of
administering this chapter which fee shall be in addition to any other
permit application fees.
5.32.140 Therapists dress and identification.
A. During all times that he or she is performing or offering to perform massage
therapy services, every massage therapist shall wear a badge that identifies his or her
first and/or last name. Upon receipt of a request or complaint by a patron, the
massage therapist shall advise the patron of the full name of the massage therapy
establishment through which the massage therapy services were arranged, and the
identity of the permit administrator through whom the establishment was issued a
massage therapy establishment permit.
B. All massage therapists shall have in their possession a valid massage certificate
and identification card issued by the Massage Therapy Council at all times that he or
she is performing or offering to perform massage therapy services within the city.
C. All massage therapists shall wear non -transparent outer garments covering all
specified anatomical areas while on the premises of a massage therapy
establishment, as well as while performing or offering to perform any massage
therapy services, whether on -premise or off -premise.
5.32.150 Other prohibited activities.
A. It is unlawful for any massage therapist, any patron, or any other person
present where massage therapy services are being offered or performed, to expose or
touch any specified anatomical areas, whether his or her own, or those of another
person.
B. It is unlawful for any massage therapist, any patron, or any other person
present where massage therapy services are being offered or performed, to be in a
state of full nudity or semi -nudity, as defined by this chapter.
C. It is unlawful for any massage therapist, any patron, or any other person
present where massage therapy services are being offered or performed, to engage in
any specified sexual activities.
D. No person shall provide or offer to provide any massage therapy services to a
minor unless written permission is provided by the minor's parent or legal guardian.
E. No person shall provide or offer to provide massage therapy services other than
under the name of a massage therapy establishment possessing a valid massage
therapy establishment permit.
F. No person shall provide or offer to provide massage therapy services under any
name not specified the massage certificate issued to him or her by the Massage
Therapy Council.
G. No permittee or person shall provide or offer any alcoholic beverage to a patron
during the course of providing or offering to provide any massage therapy service.
H. No permittee shall transfer or assign any permit issued pursuant to this chapter
to another person or entity. Any attempted transfer shall result in the automatic
termination of said permit.
5.32.160 Permits issued pursuant to superceded ordinance.
A. If the operator of a massage establishment held a permit validly issued by the
city prior to the effective date of this ordinance, and was in compliance with all
requirements of the city with respect thereto, said permit holder shall have until the
expiration date of said existing permit, or one year from the effective date of this
chapter, whichever date is earlier, to obtain a permit issued pursuant to the provisions
of this chapter.
B. If a massage therapist held a permit validly issued by the city prior to the
effective date of this ordinance, and was in compliance with all requirements of the
city with respect thereto, said permit holder shall have until the expiration date of said
existing permit, or one year from the effective date of this chapter, whichever date is
earlier, to obtain a permit issued pursuant to the provisions of this chapter, if
applicable, and a massage certificate issued by the Massage Therapy Council.
5.32.170 Suspension and revocation of permit.
A massage therapist permit and any off -premises endorsement issued pursuant to
this chapter, or any predecessor to this chapter, shall be revoked by the permit
administrator if he or she receives notice that, after administrative proceedings
conducted in conformity with the city's Municipal Code, the city has made any of the
following findings or determinations with respect to the permittee:
A. The massage therapy establishment or provision of massage services is
conducted in a manner that does not comply with all applicable laws, including but
not limited to this chapter and the city's building, zoning and health regulations.
B. The holder of the permit is convicted of any disqualifying conduct or is required
to register as a sex offender as set forth in California Penal Code Section 290;
C. The permittee fails to timely notify the permit administrator of any update to
the information contained in the permit application that is required to keep the
information current;
D. Information contained in the approved application is inaccurate;
E. Any patron of the permittee contracts any communicable disease during the
course of any services offered by the permittee;
F. The holder of the permit, or any applicant therefor, refuses to allow
representatives of the city or permit administrator to inspect business records of the
permittee, or any premises utilized by the permittee for massage therapy services;
G. The permittee fails to comply with any of the provisions of this chapter; or
H. The holder of the permit has ceased to meet any of the requirements for
issuance of the permit.
5.32.180 Appeals.
Any person aggrieved by a decision of the permit administrator may file an appeal to
the city council in accordance with Sections 2.04.100 through 2.04.130 of this code.
The decision of the city council concerning the appeal shall be final.
5.32.190 Other remedies.
A. Any violation of the provisions of this chapter is unlawful and a public nuisance,
subject to abatement, removal or enjoinment thereof in the manner provided by law.
B. Any violation of the provisions of this chapter shall constitute a misdemeanor
and the violator shall be subject to the imposition of criminal penalties in accordance
with this Code and any applicable state laws.
C. In lieu of issuing a criminal citation, the city may issue an administrative
citation and assess an administrative fine consistent with the provisions of this Code.
D. Each and every day a violation of this chapter exists constitutes a separate and
distinct offense and shall be subject to citation.
E. The remedies provided herein are not to be construed as exclusive remedies
and, in the event of a violation, the city may pursue any proceedings or remedies
otherwise permitted by law.
5.32.200 Exemptions.
The provisions of this chapter shall not apply to any of the following types of
individuals while engaged in the performance of the duties of their respective
professions:
A. Any physician, surgeon, chiropractor, osteopath, or acupuncturist duly licensed
to practice their respective professions in the State of California, or any nurse or
physical therapist working under the supervision thereof, when engaging in any
massage therapy practice or activity within the scope of said license. Practical nurses
or other persons without qualifications as massage therapists or other persons not
duly licensed by the State of California to practice pursuant to the Medical Practice
Act, whether or not employed by a physician, surgeon, chiropractor, osteopath, or
acupuncturist, may not perform or offer to perform massage therapy without first
satisfying the applicable requirements of this chapter.
B. Any treatment administered in good faith in any course of the practice of any
healing art or profession by any person licensed to practice any such art or profession
under the Business and Professions Code of the State of California or any other laws of
the State of California.
C. Barbers, beauticians, manicurists, and pedicurists who are duly licensed under
the laws of the State of California, except that this exemption shall apply solely to the
massaging of the scalp, face, neck, arms, hands, or feet of the customer or client for
cosmetic or beautifying purposes.
D. Licensed employees of hospitals, nursing homes, sanatoriums, or other health
care facilities that are duly licensed by the State of California.
5.32.210 Transfer of permit.
No massage therapy establishment permit or off -premises endorsement shall be
transferable and any attempted transfer shall render the permit and endorsement
null and void. A change of location of a massage therapy establishment will require a
new massage therapy establishment permit.
5.32.220 Massage therapy establishment regulations.
To ensure the health and safety of all persons, every person operating or
maintaining a massage therapy establishment, and/or providing massage services, in
the City shall comply with each of the following requirements at all times:
A. A separate wash basin shall be provided for each portion of a massage therapy
establishment wherein massage services are performed for the individual use of each
person performing massage services. The basin shall be provided with soap and hot
and cold running water at all times and shall be located within, or as close as
practicable, to the area devoted to the performing of massage services. In addition,
there shall be provided at each wash basin, sanitary towels placed in permanently
installed dispensers.
B. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other
physical facilities for the establishment must be in good repair and maintained in a
clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or
steam or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly
cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned
after each use.
C. Clean and sanitary towels and linens shall be provided for each patron of the
establishment or each patron receiving massage services. No common use of towels
or linens shall be permitted.
D. Massage therapy establishments shall be operated in compliance with all
applicable laws and regulations, including without limitation, the California Massage
Therapy Act (Business and Professions Code section 4600 et seq.).
E. It shall be the responsibility of the holder of the massage therapy
establishment permit and the massage establishment operator to ensure that each
person employed or retained by the massage establishment as a massage therapist
has first obtained a valid massage certificate from the Massage Therapy Council and
acts in compliance with the provisions of this Chapter at all times.
5.32.230 Reserved.
5.32.240 Revocation and suspension of permits issued under prior Chapter 5.32.
The following provisions shall apply to massage therapists permits issued prior to
October 19, 2001 and to massage establishment permits issued prior to HNSERT
EFFECTIVE DATE OF THIS ORDINANCEI (references to "this chapter" in this section
mean this chapter as it existed prior to such dates):
A. A permit issued under authority of this chapter may be suspended for violation
of any of its provisions or for fraud or misrepresentation in the permit application, but
no permit shall be revoked until after a hearing has been held before the city manager
or his designee, to determine just cause for the revocation; provided however the chief
of police may order any permits suspended pending the hearing, and it is unlawful for
any person to carry on the business of a massage technician or to operate a massage
therapy establishment depending upon the particular type of permit which has been
suspended until the suspended permit has be reinstated by the city manager. Notice
of the hearing shall be given in writing and served at least five days prior to the date of
the hearing thereon. The notice shall state the ground of the complaint against the
holder of the permit, or against the business carried on by the permittee at the
massage establishment, and shall state the time and place where the hearing will be
had following the five day notice period.
B. The notice shall be served upon the permit holder in accordance with Section
1.01.300 of this code.
5.32.250 Violation and penalty for permits issued under prior Chapter 5.32.
The following provisions shall apply to massage therapist permits issued prior to
October 19, 2001 and to massage establishment permits issued prior to HNSERT
EFFECTIVE DATE OF THIS ORDINANCEI (references to "this chapter" in this section
mean this chapter as it existed prior to such dates):
A. Every person, except those persons which are specifically exempted by this
chapter, whether acting as an individual, owner, operator or employee of the operator,
or whether acting as a mere helper for the owner, employee or operator, or whether
acting as a participant or worker in anyway, who gives massages or conducts a
massage therapy establishment or room, or who gives or administers or who practices
the giving or administering of steam baths, electric light baths, electric tub baths,
shower baths, sponge baths vapor baths, fomentation, sun baths, mineral baths
alcohol rubs, Russian, Swedish, or Turkish baths, or any other type of baths, salt flows
or any type of therapy or who does or practices any of the other things or acts
mentioned in this chapter without first obtaining a permit to do so from the city or
violates any provision of this chapter shall be guilty of a misdemeanor.
B. Any owner, operator, manager, or permittee in charge or in control of a
massage therapy establishment who knowingly employs a person performing as a
massage technician as defined in this chapter who is not in possession of a valid
permit or who allows such an employee to perform, operate or practice within such a
place of business is guilty of a misdemeanor.
C. Any massage therapy establishment operated, conducted, or maintained
contrary to the provisions of this chapter shall be and is declared to be unlawful and a
public nuisance and the city attorney may, in addition to or in lieu of prosecuting a
criminal action under this chapter, commence an action or actions, proceeding or
proceedings, for the abatement, removal and enjoinment thereof, in the manner
provided by law; and may take such other steps and may apply to such court or courts
as may have jurisdiction to grant such relief as will abate or remove the massage
establishments and restrain and enjoin any person from operating, conducting or
maintaining a massage therapy establishment contrary to the provisions of this
chapter.
Chapter 5.38 PARKING ATTENDANTS
5.38.010 Definitions.
For purposes of this chapter, certain words and phrases shall be construed as set forth
in this section, unless it is apparent from the context that a different meaning is
intended.
A. "Operator" means any person, firm or corporation engaging in the activity of
parking of vehicles for patrons or guests of a business whether the operator is
employed by or is under contract to, the business for which the vehicles are being
parked.
B. "Public right-of-way" means any area dedicated to public use for public street,
pedestrian way or other public purposes, or which includes but is not limited to
roadways, parkways, alleys, sidewalks and pedestrian ways.
5.38.020 Permit required.
No person shall, as an "operator" as that term is defined in Section 5.38.010, conduct
any activity involving the movement of a vehicle by the operator on or over any public
right-of-way or publicly owned property, unless there has first been obtained from the
city manager a permit, as provided in this chapter, which permit is in full force and
effect.
5.38.030 Operations on public rights -of -way or property.
No operator, unless possessing a permit expressly allowing them to be done, shall
commit or do any of the following acts:
A. Receive, take possession of (for purposes of parking or temporary storage until
return of same to the patron or guest) or move a patrons or guests vehicle, upon any
portion of a public right-of-way or other public property;
B. Park and leave standing any patrons or guests vehicle upon any portion of a public
right-of-way or other public property (including any publicly owned off-street parking
space).
5.38.040 Unauthorized parking on private property.
No operator shall park any patrons or guests vehicle upon private property without
express authorization by the owner or other person in charge of the private property.
5.38.050 Application for permit.
An application for a permit pursuant to this chapter shall be filed with the city
manager or his designee. There shall be submitted such information as the city
manager deems necessary in order to evaluate and act upon the permit application.
Each application shall include, in general, at least the following basic information in
writing: an outline of the method of operating the vehicle -parking service including,
but not limited to, the hours of operation, the number of employees, the location(s)
from which vehicles will be picked up, and to which they will be delivered to the
patrons or guests, the location(s) where vehicles will be stored or placed, and the
location(s) of any proposed signs and any proposed attendant stands.
5.38.060 Fees.
Each applicant for a permit under this chapter, and each person filing any appeal
pursuant to provisions of this chapter, shall pay at the time of filing the application or
appeal a processing fee or fees in an amount or amounts as may have been
established by resolution of the city council.
5.38.070 Permits —Issuance —Denial.
Permits as applied for shall be issued by the city manager or his designee, provided it
appears that all requirements of this chapter and of other applicable ordinances and
laws have been, and will appropriately be, met fully by the applicant, and that the
permit can be issued subject to prescribed conditions adequate to assure that there
will be no undue interference with normal traffic flow on public rights -of -way, and
otherwise to protect the public safety and other persons' property rights and their
rights to coequal use and enjoyment of public property. Any permit application may be
denied if the city manager concludes it cannot be issued subject to such safeguards.
5.38.080 Permits —Issuance with conditions.
The issuance of any permit pursuant to this chapter shall, if appropriate, have
conditions attached thereto adequate to meet the public purposes referred to in
Section 5.38.070, and the city manager or his designee shall have discretionary
authority to prescribe any such necessary or appropriate conditions, including primary
insurance coverage with city -approved coverage amounts and with the city named as
additionally insured.
5.38.090 Revocation or modification of permits.
A. Any permit granted pursuant to the provisions of this chapter maybe revoked or
modified by the city manager for any of the following grounds or reasons:
1. Any acts done under the permit have interfered or tended to interfere with the
normal flow of vehicular or pedestrian traffic on any public right-of-way;
2. The permittee or permittee's employees have failed to comply with the
provisions of the city's sign ordinance, or with conditions attached to the permit
relating to sign control;
3. There was given any false or fictitious information in connection with the
application for the obtaining of the permit;
4. There has been a violation of or a failure to comply with any condition attached
to the permit or any provision or regulation of this chapter or of any other applicable
rules or regulations;
5. The character or moral integrity of the permittee or permittee's employees is
determined inimical to the public safety or general welfare of the community;
6. Any other reason exists for which the permit might have been lawfully denied
in the first instance, or that for any reason the continued operations under the permit
will be inimical to the public safety or general welfare of the community.
B. Such a revocation or modification of a permit shall be made only after opportunity
has been granted to the permittee for a due process hearing before the city manager
or his designated agent pursuant to section 2.08.180 through 2.08.230 of this code.
C. Upon the failure of the permittee to respond to the opportunity for hearing after
issuance of the notice of the hearing, the permit may be revoked, or may be modified
in such particulars as are deemed necessary in the public interest, and any such
revocation or modification shall be effective upon notice or knowledge thereof being
received by the permittee pursuant to Section 1.01.300 of this code.
D. Any such revocation or modification of any permit may be in addition to any
penalties otherwise provided for by law.
5.38.100 Appeals.
Any person aggrieved by, dissatisfied with, or excepting to any action, denial, order,
requirement, condition, permit, decision or determination made by the city manager
or his designee in administering the provisions of this chapter may appeal to the city
council pursuant to Sections 2.04.100 to 2.04.130 of this code. Upon any failure to file
the written appeal within the time allowed, the action of the city manager or his/her
designee shall be final and conclusive.
Chapter 5.40 PASSENGER CARRIERS
5.40.010 Franchise and license requirements and general regulations.
A. Requirements and Exceptions. No person shall engage in the business of transporting
passengers in a vehicle or vehicles over the streets of the city, where the passengers' trips
originate from points within the city, whether any such vehicle used is a taxicab, motorbus,
limousine, automobile for hire, or other transportation vehicle with a driver for hire, unless the
person operating the business or engaging therein is acting pursuant to a franchise, license,
permit or contract to do so pursuant to this chapter. This chapter shall apply to any business
carrying passengers from a principal point or points of origin outside the city but which
regularly carries the passengers over the city streets as a major portion of the journey or
journeys. This chapter shall not apply to any business of renting automobiles or other vehicles
without drivers, nor to any passenger carrier operated by a public agency or entity or to any
passenger carrier operating pursuant to express and specific permission granted by superior
authorized agency such as the State Public Utilities Commission or the Interstate Commerce
Commission.
B. Compliance with Suntine Regulations. All passenger carriers described in subsection A of
this section and subject to this chapter shall be subject to and governed by any and all
ordinances, resolutions, regulations, and other official actions taken by the Suntine Transit
Agency and Suntine Services Group, two California joint exercise of powers agencies to which
the city is a member of each joint exercise of powers agency, including but not limited to any
and all ordinances, resolutions, regulations, and official actions taken pursuant to the
"Implementation Agreement Authorizing the Suntine Services Group to Regulate Taxicabs," as
amended from time to time, to which the city is a party of that implementation agreement. All
passenger carriers described in subsection A of this section and subject to this chapter shall, in
addition to all other requirements, comply with the franchise, license, permit, and contract
requirements established by Suntine Transit Agency and Suntine Services Group.
C. In the event that the city takes official action to no longer be a member of the Suntine
Transit Agency or Suntine Services Group, or the city takes official action to no longer be a
party to the Implementation Agreement Authorizing the Suntine Services Group to Regulate
Taxicabs, then all passenger carriers described in subsection A of this section and subject to
this chapter shall remain subject to and governed by all ordinances, resolutions, regulations,
and other official actions then in place by Suntine Transit Agency and Suntine Services Group,
except that the city shall be the governing agency with jurisdiction over the passenger
carriers. The city manager shall have the authority to enact any and all regulations that would
allow for the city to continue to regulate all passenger carriers as described in this subsection
until such time as the city enacts an ordinance or ordinances amending this chapter or other
provisions of the code in furtherance of regulating passenger carriers.
5.40.020 Interference with drivers.
No driver of any taxicab, automobile for hire or motorbus shall permit more persons to
ride in the driver's compartment thereof than can be seated in the regular seats in the
compartment, or permit any person to sit on or stand at any place in or on the taxicab,
automobile for hire or motorbus where the person obstructs the driver's view of traffic
ahead or to either side.
5.40.030 Refusal to pay fare.
It is unlawful for any person to refuse to pay the legal fare of any of the vehicles
mentioned in this chapter, after having hired them.
5.40.040 Charging of improper fare.
It is unlawful to charge, collect or receive any other or different compensation for the
use of the taxicab or automobile for hire than that specified in the tariff or schedule of
fares on file and at the time in effect.
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Chapter 5.48 PEDDLERS —SOLICITORS
5.48.010 Definitions.
A. "Peddler" means and includes any person who travels or goes from place to place
and peddles, hawks, vends or sells any goods, wares, merchandise, medicines or
services carried or caused to be carried or conveyed by the person peddling, hawking,
vending or selling them.
B. "Solicitor" means and includes any person who travels or goes from place to place
selling, offering to sell or contracting to sell, for future delivery, at wholesale or retail,
any goods, wares, merchandise or services within the city, except in those instances
where the solicitations are made to established businesses for stock -in -trade, resale,
fixtures or other business needs.
C. "Peddler" or "solicitor" also includes persons engaged in the above described
activities at any outdoor location not in conjunction with an established place of
business on the same premises within a building, or not as a part of the established
place of business in a building.
5.48.020 Peddling or soliciting —Permit required.
It is unlawful for any person to act as, or carry on the business of, a peddler or solicitor
at any place or places within the city, unless and until a permit so to do has been
issued by the city manager and is in full force and effect.
5.48.030 Application to peddle or solicit —Additional information.
Applicants for permits to commence, manage, engage in, maintain, conduct or carry
on the business described in Section 5.48.010, as peddler or solicitor, must furnish to
the city manager the following additional information:
A. Name —Description. Name and description of applicant;
B. Address. Permanent home address and full local address of applicant;
C. Kind of Business. A brief description of the nature of the business and the goods to
be sold;
D. Employer —Credentials. If employed, the name and address of the employer,
together with credentials establishing the exact relationship;
E. Duration of Permit. The length of time for which the right to do business is desired;
F. Source of Stock. The place where the goods or property proposed to be sold or
orders taken for the sale thereof, are manufactured or produced, where the goods or
products are located at the time the application is filed, and the proposed method of
delivery;
G. Photographs. Two photographs of applicant and two photographs of any vehicle
used in the peddling or solicitation, taken within sixty days immediately prior to the
date of filing application; Kind of Photograph. Pictures of applicant shall be two inches
by two inches showing the head and shoulders of the applicant in a clear and
distinguishing manner;
H. Fingerprints —Character References. The fingerprints of the applicant and the
names of at least two reliable property owners of the county who will certify as to the
applicant's good character and business respectability; or, in lieu of the names of
references, such other available evidence as to the good character and business
respectability of the applicant as will enable an investigator to properly evaluate the
character and business responsibility;
I. Criminal Record. A statement as to whether or not applicant has been convicted of
any crime, misdemeanor or violation of any municipal ordinance, other than Vehicle
Code violations, the nature of each offense and the punishment or penalty assessed
therefor.
5.48.040 Fee for investigation.
At the time of filing with the city manager any application for a peddler's or solicitor's
permit, the applicant shall, in order to qualify the application for filing, pay a fee in
such amount as may have been prescribed by resolution of the city council, to defray
the expense of investigation and processing.
5.48.050 Investigation of application.
Upon receipt of the original application, the city manager shall cause such
investigation of applicant's business and moral character to be made as s/he deems
necessary for the protection of the public good.
5.48.060 Denial of permit —Notice.
If, as a result of the investigation, applicant's character or business responsibility is
found to be unsatisfactory, the city manager shall endorse on the application his/her
disapproval and his/her reasons for it and shall notify applicant pursuant to section
1.01.300 of this code that his/her application is disapproved and that no permit will be
issued.
5.48.070 Appeal —Right to appeal.
Any person aggrieved by the action of the city manager in the denial of a permit shall
have the right of appeal to the city council pursuant to sections 2.04.100 through
2.04.130.
5.48.080 Approval of application —Issuance of permit.
If as a result of investigation, the character and business responsibility of applicant
are found to be satisfactory, the city manager shall approve the application, execute a
permit addressed to applicant for carrying on the business applied for, and deliver the
permit to the applicant.
5.48.090 Photographs.
To each such permit there shall be attached photographs of permittee and of any
vehicle used in the business, the photographs to be identical with those filed by
permittee with his/her application pursuant to Section 5.48.030 G.
5.48.100 Business license required.
A city business license shall be obtained by every person in accordance with chapter
3.28 of this code before any person shall engage in peddling or soliciting in the city.
Chapter 5.60 LIQUIDATION -TYPE SALES
5.60.010 Definitions.
For the purpose of this chapter only, the following words and terms shall be deemed
to mean and be construed as follows:
A. "Advertise," "advertisement," "advertising," "publish," and "publication," mean any
and all means, whether oral, written, lettered or printed, used for conveying to the
public notice of the conduct of a sale as defined in this section, or notice of intention
to conduct the sale, including but not limited to oral or written announcements by
proclamation or outcry, newspaper advertisement, magazine advertisement, handbill,
written or printed notice, printed display, billboard display, poster, e-mail, twitter,
internet and other electronic media, television and radio announcement.
B. "Inspector" means an inspector or investigator appointed by the city manager, or
means any city police officer.
C. "Permit" means a permit issued pursuant to this chapter.
D. "Permittee" means a person to whom a permit has been issued pursuant to this
chapter.
E. "Sale" means any sale of, or any offer to sell, to the public, or any group thereof,
goods, wares or merchandise on order, in transit or in stock, in connection with a
declared purpose as set forth by advertising that the sale is anticipatory to or to avoid
the termination, liquidation, revision, windup, discontinuance, removal, dissolution or
abandonment of the business or that portion of the business conducted at any
location:
1. Stopping of Business. All sales advertised in any manner calculated to convey to
the public the belief that upon the disposal of the goods to be placed on sale, the
business or that portion thereof being conducted at any location will cease, be
removed, be interrupted, discontinued or changed; and
2. Names Used for Sales. All sales advertised to be "adjuster's sale," "assignee's
sale," "bankrupt sale," "benefit of administrator's sale," "benefit of creditors sale,"
"benefit of trustee's sale," "building coming down sale," "closing sale," "closing out
sale," "creditor's committee sale," "creditors' sale," "damaged goods sale," "end sale,"
"execution sale," "final days sale," "fire sale," "forced out sale," "forced out of business
sale," "insolvent sale," "insurance salvage sale," "last days sale," "lease expires sale,"
"lease expiring sale," "liquidation sale," "loss of lease sale," "mortgage sale,"
"outselling sale," "receiver's sale," "removal sale," "recognition sale," "salvage sale,"
"selling out sale," "smoke sale," "smoke and water sale," "trustee's sale," "quitting
business sale," "wholesale closing out sale," "we quit sale," "we give up sale," "fixtures
for sale," or advertised by any other expression or characterization closely similar to
any of the foregoing and calculated to convey the same meaning; and
3. Business Failure. All sales advertised in a manner calculated to indicate that the
goods, wares or merchandise to be sold, or any part thereof, have been involved in
any business failure or have been derived from a business which has failed, been
closed, discontinued or liquidated; and
4. Vacation of Premises. All sales accompanied by notice or advertising indicating
that the premises are available for purchase or lease or are otherwise to be vacated;
and
5. Business Emergency or Failure. All sales accompanied by advertising indicating
a business emergency or failure affecting the seller or any previous holder of the
goods to be disposed of.
5.60.020 Permit required.
No person, firm or corporation shall hereafter publish or conduct any sale of the type
defined in this chapter without first having obtained a permit from the city manager in
the manner provided in this chapter.
5.60.030 Agreement to abide by regulations.
Each permit issued under the provisions of this chapter shall have printed, written or
stamped on the face thereof the following:
"This permit is granted by the City Manager of the City of La Quinta and accepted by
the permittee upon the condition that the said permittee comply with and abide by all
the provisions of Chapter 5.60 of the La Quinta Municipal Code."
5.60.040 Signing of agreement —Witnessing.
At the time of the delivery of the permit, the statement must be signed by the
permittee in the presence of an employee of the city who shall sign as a witness.
5.60.050 Condition of permit.
Any permit issued under the provisions of this chapter shall authorize the one type of
sale named in the application, at the place named therein, for a period of not more
than sixty calendar days, and shall permit the sale of goods only which are set out in
the application, all of which goods throughout the duration of the sale must be
definitely separated from any other goods displayed at or within the store or place of
business; and all advertising signs or notices referred to, or calling attention to the
sale, must be confined to the display or displays of goods involved in the sale.
5.60.060 Application for sale permit.
No permit to conduct a sale as defined in this chapter shall be granted except upon
written application to the city manager, filed and verified before a person authorized
to administer oaths, by the person who intends to conduct the sale, and each
application shall set forth and contain the following information:
A. Location. Description by street location and kind of building, of the location at
which the sale is to be held;
B. Occupancy —Tenancy. The nature of the occupancy, whether by ownership, lease
or sublease, and if by lease or sublease, the effective date of the termination of the
tenancy;
C. Advertising. A copy of all advertisements proposed to be used in connection with
the sale, and a statement of the means or methods of advertising to be used in
advertising the sale;
D. Reason for Sale. The facts in regard to the insurance, bankruptcy, insolvency,
assignment, mortgage, foreclosure, administration, receivership, trusteeship, removal,
executorship removal, or other cause advertised to be the reason for the proposed
sale;
E. Inventory. An inventory or statement, in such form and in such detail as the city
manager may require, setting forth the amount and description of goods, wares or
merchandise to be sold at the sale and, when required by the city manager, the date
of acquisition of the goods, wares or merchandise and the persons from whom
obtained, and the place from which the goods were last taken.
5.60.070 Detailed description of goods.
The city manager may require that all goods, wares and merchandise listed upon the
inventory or statement shall be so described in detail by manufacturer's name and lot
number, the individual number of articles so numbered, colors, sizes and otherwise,
that the identity of the goods with the goods listed on the inventory can be readily
determined.
5.60.080 Filing fee.
No application for any permit pursuant to the provisions of this chapter shall be
accepted by or on behalf of the city manager unless the application is accompanied by
a filing fee in such amount as has been prescribed by resolution of the city council to
defray the expense of investigation and processing, no part of which fee shall be
refunded whether the application is granted or denied.
5.60.090 Investigation of applicant.
Upon the filing of the application with the city manager, the city manager may make
or cause to be made an examination, audit, or investigation of the applicant and
his/her affairs, in relation to the proposed sale.
5.60.100 Issuance or refusal of permit.
If the city manager finds that the statements in the application are true, that the
inventory is complete, that the advertising set forth is not false, fraudulent, deceptive
or misleading in any respect, and that the methods to be used by the applicant in
conducting the sale are not such as, in the opinion of the city manager, will work a
fraud upon the purchasers, the city manager shall issue to the applicant a permit to
conduct the sale in accordance with the provisions of this chapter; otherwise the city
manager shall deny the application and refuse the permit.
5.60.110 Insufficiency of information.
The city manager may refuse a permit because of the insufficiency of the information
set forth in the application.
5.60.120 Amended application.
In case of refusal, the city manager shall grant the applicant permission to file an
amended application.
5.60.130 Hearing before denial.
No application shall be denied unless an opportunity for hearing has been given the
applicant before the city manager pursuant to Sections 2.08.180 through 2.08.230 of
this code.
5.60.140 Renewal of permit —Application —Fee.
The city manager may, upon verified application therefor, renew the permit for a
period of not to exceed thirty days, upon the payment of a renewal fee in such
amount as has been prescribed by resolution of the city council, to defray the expense
of investigation and processing.
5.60.150 Form of application for renewal.
The verified application for renewal shall set forth a complete list of goods listed in the
original application and remaining unsold, and shall not contain any goods, wares or
merchandise not named in the original application.
5.60.160 Investigation —Renewal.
Upon receipt of the application for renewal, the city manager shall cause an
investigation to be made within five business days from the date of filing with the city
manager the application for renewal, and if satisfied of the truth of the statements
therein contained, the city manager shall grant the renewal, which shall be endorsed
and signed as provided for the original permit.
5.60.170 Second renewal.
The city manager may renew any original permit in the manner provided in this
chapter, not to exceed two times, upon payment of a fee for each such renewal, in
such amount as has been prescribed by resolution of the city council, to defray the
expense of investigation and processing.
5.60.180 Limit upon duration of sales.
The city manager shall not issue permits or renewals which will allow the conduct of
any sale or sales of any kind or kinds named in Section 5.60.010 at any one location
for more than one hundred twenty calendar days in any one twelve-month period.
5.60.190 Power to revoke —Grounds.
The city manager shall have the power to revoke at any time any permit granted in
accordance with this chapter whenever any such sale or special sale is being
conducted in violation of any of the provisions of this chapter or in such manner as to
deceive or defraud the public, or if:
A. Further Grounds —Misstatement in Application. The holder of any such permit has
made any material misstatement in the application for the permit;
B. Fraud in Conduct of Sale. S/He has been guilty of any fraudulent practice, or
practices, in the conduct of the sale authorized by the permit;
C. Omissions in Inventory. S/He has failed to include in the inventory required by the
provisions of this chapter the goods, wares or merchandise required to be contained in
the inventory;
D. Addition of Goods. S/He has added, caused to be added, or permitted to be added
any goods, wares or merchandise not described in the original inventory; or
E. Improper Advertising. S/He has violated any of the provisions of this chapter or of
the laws pertaining to advertising.
5.60.200 Complaint prerequisite to revocation.
No permit shall be revoked for any cause enumerated in Section 5.60.190 until a
written complaint has first been filed with the city manager, setting forth in ordinary
and concise language the charge made against the permittee.
5.60.210 Verification —Form of complaint.
The complaint shall be verified by the oath of the person making the charge, the
verification to be made in the form prescribed by the Code of Civil Procedure of the
state for verified pleadings in civil actions.
5.60.220 Service of complaint —Notice of hearing.
Service of the complaint and notice of hearing shall be in the manner provided in
Section 1.01.300 of this code.
5.60.230 Scope of permit —Unlawful changes.
Any permit issued pursuant to the provisions of this chapter shall be valid only for the
advertising, representation and sale of the particular goods, wares or merchandise
described in the original application therefor, and at the particular time, and particular
place stated therein, and by the particular applicant; and any renewal, replenishment
or substitution of such goods, wares or merchandise, or change of the time or place
for the sale, or change of person conducting the sale, is unlawful and shall render the
permit void.
5.60.240 Ordering goods for sale.
No person in contemplation of conducting any such sale or special sale, or during the
continuance of such a sale, shall order any goods, wares or merchandise for the
purpose of selling them at the sale.
5.60.250 Presumption from purchase near time of sale.
Any unusual purchase, or additions to the stock of such goods, wares or merchandise,
within sixty days before the filing of the application for a permit to conduct such a sale
shall be presumptive evidence that the purchase or additions were made in
contemplation of the sale for the purpose of selling them at the sale.
5.60.260 Separate offenses.
Each sale of goods, wares or merchandise as were not inventoried and described in
the original application shall constitute a separate offense under this chapter.
5.60.270 Rules governing sales and advertising.
The city manager may provide such rules and regulations for the conduct and
advertisement of the sale or special sale as, in his/her opinion, will serve to prevent
deception and to protect the public.
5.60.280 Loss of identity.
Any removal of any goods, wares or merchandise inventoried and described in the
original application form from the place of sale mentioned in the application shall
cause the goods to lose their identity as the stock of any of the sales defined in this
chapter; and no permit thereafter will be issued for the conducting of a sale of any
such goods, wares or merchandise in such manner as to identify them with the store,
store name, store owner or location referred to in the original application.
5.60.290 Posting of permit.
Upon, coincident and throughout the duration of any sale, as defined in this chapter,
the permit issued by the city manager shall be prominently displayed near the
entrance to the premises.
5.60.300 Copies of application and stock list.
A duplicate original of the application and stock list pursuant to which the permit was
issued shall at all times be available to the city manager, or to his/her inspector and
investigators, to examine all merchandise in the premises for comparison with the
stock list.
5.60.310 Records of permittee.
Suitable books and records shall be kept by the permittee and shall at all times be
available to the inspector and investigators.
5.60.320 Daily revision of stock list.
At the close of business each day the permittee's copy of the stock list attached to the
application shall be revised and those items disposed of during the day shall be so
marked thereon.
5.60.330 Exemptions.
The provisions of this chapter shall not apply to or affect the following persons:
A. Judicial Sales. Persons acting pursuant to an order or process of a court of
competent jurisdiction;
B. Official Sales. Persons acting in accordance with their powers and duties as public
officers such as sheriffs and marshals;
C. Auctions. Duly licensed auctioneers, selling at auction;
D. Publisher of Advertising. Any publisher of a newspaper, magazine or other
publication, who publishes any such advertisement in good faith, without knowledge
of its false, deceptive or misleading character, or without knowledge that the
provisions of this chapter have not been complied with;
E. Season, Clearance Sales. End of season sales and clearance sales not included
within Section 5.60.010 E.
5.60.340 Appeals.
Any person aggrieved by any decision of the city manager with respect to denial or
issuance of any permit, conditions attached thereto, or any other administrative
action taken pursuant to the terms of this chapter, may appeal to the city council
pursuant to Section 2.04.100 through 2.04.130 of this code.
Chapter 5.72 MISCELLANEOUS BUSINESSES REGULATED
5.72.010 Compliance with state law regarding locksmith businesses.
Every person, defined as every individual, firm, partnership, association, limited liability
company, corporation, and any other type of entity recognized by law, shall be subject
to and comply with Articles 1 through 9 (commencing with Section 6980) of Chapter
8.5 of Division 3 of the Business and Professions Code of the State of California, as
amended from time to time.
5.72.020 Compliance with state law regarding private patrols.
Every person, defined as every individual, firm, partnership, association, limited liability
company, corporation, and any other type of entity recognized by law, shall be subject
to and comply with Articles 1 through 8 (commencing with Section 7580) of Chapter
11.5 of Division 3 of the Business and Professions Code of the State of California, as
amended from time to time.
5.72.030 Compliance with state law regarding drug paraphernalia.
Every person, defined as every individual, firm, partnership, association, limited liability
company, corporation, and any other type of entity recognized by law, shall be subject
to and comply with Article 4 (commencing with Section 11364) of Chapter 6 of Division
10 of the Health and Safety Code of the State of California, as amended from time to
time.
5.72.040 Compliance with state code regarding secondhand dealers, pawnbrokers,
and loan brokers.
Every person, defined as every individual, firm, partnership, association, limited liability
company, corporation, and any other type of entity recognized by law, shall be subject
to and comply with Articles 1 through 7 (commencing with Section 21500) of Chapter
9 of Division 8 of the Business and Professions Code of the State of California as
amended from time to time.
5.72.050 Violation of Municipal code.
In addition to noncompliance or violation of state law, any failure to comply or
violation of the state law identified in Sections 5.72.010, 5.72.020, 5.72.030, 5.72.040
shall be a violation of this code and, in addition to any other rights and remedies
available to the city, shall be a public nuisance subject to remedial action in
accordance with applicable law.
Chapter 5.80 SEXUALLY ORIENTED BUSINESSES
5.80.010 Purpose.
The purpose of this chapter is to regulate sexually oriented businesses which, because
of their very nature, are believed to have many of the recognized significant secondary
effects on the community which include, but are not limited to: depreciated property
values and increased vacancies in residential and commercial areas in the vicinity of
the sexually oriented businesses; higher crime rates, noise, debris or vandalism in the
vicinity of sexually oriented businesses; and blighting conditions such as low-level
maintenance of commercial premises and parking lots which thereby have a
deleterious effect upon adjacent areas. Reasonable and uniform regulation of these
uses is necessary to insure that these adverse effects will not contribute to the
blighting or downgrading of the neighborhoods in the vicinity of the sexually oriented
businesses. It is neither the intent, nor effect of this chapter to impose limitations or
restrictions on the content of any communicative material. Similarly, it is neither the
intent, nor effect of this chapter to restrict or deny access by adults to sexually
oriented materials or merchandise protected by the First Amendment, or to deny
access by the distributors of sexually oriented business to their intended market.
Nothing in this chapter is intended to authorize, legalize or permit the establishment,
operation or maintenance of any business, building or use which violates any city
ordinance or any statute of the state of California regarding public nuisances, unlawful
exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or
public display thereof
5.80.020 Definitions.
As used in this chapter:
"Employee" means a person over eighteen years of age who renders any service, or
performs in connection with the operation of a sexually oriented business, either on
site or off site, irrespective of whether said person is paid a salary, wage, or other
compensation by the operator of the business or patrons.
"Escort" means a person who, for any form of consideration, agrees or offers to act as
a companion, guide or date for another person, for sexual purpose, or who agrees or
offers to privately model lingerie or to privately perform a striptease for another
person.
"Escort agency" means a person or business association who furnishes, offers to
furnish or advertises to furnish escorts as one of its primary business purposes for a
fee, tip, or other consideration.
"Establishment" means and includes any of the following:
1. The opening or commencement of any such business as a new business;
2. The conversion of an existing business, whether or not a sexually oriented
business, to any of the sexually oriented businesses defined in this chapter;
3. The addition of any of the sexually oriented businesses defined in this chapter
to any other existing sexually oriented business or to an existing non -sexually
oriented business;
4. The relocation of any such sexually oriented business; or
5. The substantial enlargement of any such sexually oriented business by an
increase of the floor area occupied by the business of more than fifteen percent.
"Live art class" means any premises on which all of the following occur: there is
conducted a program of instruction involving the drawing, photographing or sculpting
of live models exposing specified anatomical parts; instruction is offered in a series of
at least two classes; the instruction is offered indoors; an instructor is present in the
classroom while any participants are present; and preregistration is required at least
twenty-four hours in advance of participation in the class.
"Operator" means and includes the owner, permit holder, custodian, manager,
operator or person in charge of any permitted or licensed premises.
"Permittee" means the person to whom a permit has been issued pursuant to this
chapter.
"Sexually oriented arcade" means any business establishment or concern, where, for
any form of consideration including, but is not limited to cash in the form of paper
bills, coins or slugs, which are operated manually or electronically controlled still,
motion picture or video machines, projectors, or other image -producing devices are
maintained to display images to an individual in individual viewing areas when those
images are distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified anatomical parts.
"Sexually oriented bookstore," "sexually oriented novelty store" and "sexually oriented
video store" mean any establishment, which as a regular and substantial course of
conduct, displays and/or distributes sexually oriented merchandise, books, periodicals,
magazines, photographs, drawings, sculptures, motion pictures, videos, slides, films, or
other written, oral or visual representations which are distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified sexual
activities or specified anatomical parts. (See "sexually oriented business" for definition
of regular and substantial portion of its business.) The term "sexually oriented
bookstore" shall be deemed to be inclusive of the terms "sexually oriented novelty
store" and "sexually oriented video store."
Sexually Oriented Business. 1. "Sexually oriented business" means any business
establishment or concern which as a regular and substantial course of conduct
performs as a sexually oriented bookstore, sexually oriented theater, sexually oriented
arcade, sexually oriented cabaret, escort, escort agency, stripper, sexually oriented
model studio or sexually oriented hotel/motel; any business establishment or concern
which as a regular and substantial course of conduct sells or distributes sexually
oriented merchandise or sexually oriented material; or any other business
establishment or concern which as a regular and substantial course of conducts offers
to its patrons products, merchandise, services or entertainment characterized by an
emphasis on matters depicting, describing or relating to specified sexual activities or
specified anatomical parts. "Sexually oriented business" does not include those uses
or activities, the regulation of which is preempted by state law. "Sexually oriented
business" shall also include any business establishment or concern which, as a regular
and substantial course of conduct provides or allows sexually oriented entertainers,
models, actors, actresses or employees to appear in any place in attire which does not
opaquely cover specified anatomical parts. For the purposes of this section, a business
establishment or concern has established the provision of products, merchandise,
services or entertainment characterized by an emphasis on matters depicting,
describing or relating to specified sexual activities or specified anatomical parts as a
regular and substantial course of conduct when one or more of the following
conditions exist:
a. The area devoted to sexually oriented merchandise and/or sexually oriented
material exceeds more than thirty-three percent of the total display or floor space
area open to the public;
b. The business establishment or concern obtains a significant or substantial
portion of its revenues from the sale, rental or lease of entertainment, material or
merchandise characterized by an emphasis on matter depicting, describing or relating
to specified sexual activities or specified anatomical parts or advertises the availability
of the same;
c. The regular and substantial course of conduct of the business consists of or
involves the sale, trade, display, advertisement or presentation of services, products or
entertainment which are characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified anatomical parts;
d. An establishment may have other significant and substantial business
purposes that do not involve the offering for sale, rental or viewing of materials,
depicting or describing specified sexual activities or specified anatomical areas, and
still be categorized as a sexually oriented business. Such other business purposes will
not serve to exempt such establishments from being categorized as a sexually
oriented bookstore, so long as one of its significant or substantial business purposes is
offering for sale or rental, for some form of consideration, the specified materials
which depict or describe specified anatomical areas or specified sexual activities.
2. The definition of "sexually oriented business" shall not include an establishment
where a medical practitioner, psychologist, psychiatrist, or similar professional person
licensed by the state engages in medically approved and recognized sexual therapy.
"Sexually oriented cabaret" means a nightclub, bar, lounge, restaurant or similar
establishment or concern which features as a regular and substantial course of
conduct, any type of live entertainment, films, motion pictures, videos, slides, other
photographic reproductions, or other oral, written or visual representations which are
characterized by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical parts.
"Sexually oriented entertainer" means a person who for any form of consideration or
gratuity performs or appears in performances which are characterized by the
emphasis on specified anatomical areas or specified sexual activities.
"Sexually oriented hotel/motel" means a motel, hotel or similar commercial
establishment which (1) offers public accommodations, for any form of consideration,
which provides patrons with closed-circuit television transmissions, films, motion
pictures, videocassettes, slides or other photographic reproductions which are
characterized by the depiction or description of "specified sexual activities or specified
anatomical areas" and which advertises the availability of this sexually oriented type
of material by means of a sign visible from the public right-of-way, or by means of any
off -premises advertising including, but not limited to, newspapers, magazines,
pamphlets or leaflets, radio or television, social media or other electronic means; or (2)
offers a sleeping room for rent for a period of time less than ten hours; or (3) allows a
tenant or occupant to sub -rent or let others use the sleeping room for a time period of
less than ten hours.
"Sexually oriented material" means any element of sexually oriented merchandise, or
any book, periodical, magazine, photograph, drawing, sculpture, motion picture film,
video, or other written, oral or visual representation which, for purposes of sexual
arousal, provides depictions which are characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities or specified anatomical
parts.
"Sexually oriented merchandise" means sexually oriented implements and
paraphernalia, such as, but not limited to: dildos, auto sucks, sexually oriented
vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with
orifices, simulated and battery operated vaginas, and similar sexually oriented devices
which are designed or marketed primarily for the stimulation of human genital organs
or sado-masochistic activity.
"Sexually oriented model studio" means any premises where there is furnished,
provided or procured a figure model or models who pose in any manner which is
characterized by its emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical parts where such model(s) is being observed
or viewed by any person for the purpose of being sketched, painted, drawn,
sculptured, photographed, filmed or videotaped for a fee, or any other thing of value,
as a consideration, compensation, or gratuity for the right or opportunity to so observe
the model or remain on the premises. Sexually oriented model studio shall not include
any live art class or any studio or classroom which is operated by any public agency, or
any private educational institution authorized to issue and confer a diploma or degree
under Section 94300 et seq. of the Education Code.
"Sexually oriented theater" means a business establishment or concern which
regularly features live entertainment, motion pictures, videos, slide photographs, or
other pictures or visual reproductions which are distinguished or characterized by their
emphasis on matter depicting, describing or relating to specified sexual activities or
specified anatomical parts.
"Specified anatomical parts" means:
1. Less than completely and opaquely covered human genitals, pubic region,
buttocks, or female breast below a point immediately above the top of the areola; or
2. Human male genitals in a discernibly turgid state, even if completely and
opaquely covered.
"Specified criminal acts" mean acts which are sexual crimes against children, sexual
abuse, rape, crimes connected with another sexually oriented business including, but
not limited to, distribution of obscenity or material harmful to minors, prostitution,
pandering, or distribution or sale of illegal drugs.
"Specified sexual activities" means:
1. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral
anal copulation, bestiality, direct physical stimulation of unclothed genitals,
flagellation or torture in the context of a sexual relationship, or the use of excretory
function in the context of a sexual relationship, any of the following depicted sexually
oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus,
fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerastia; or
2. Clearly depicted human genitals in a state of sexual stimulation, arousal or
tumescence; or
3. Use of human or animal ejaculation, sodomy, oral copulation, coitus or
masturbation; or
4. Fondling or touching of nude human genitals, pubic region, buttocks or female
breast; or
5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain;
or
6. Erotic or lewd touching, fondling or other sexually oriented contact with an
animal by a human being; or
7. Human excretion, urination, menstruation, vaginal or anal irrigation;
or
8. Striptease; the removal of clothing to the point where specified anatomical
parts are not opaquely covered or are minimally covered with devices commonly
referred to as pasties and G strings, or equivalent clothing.
"Transfer" of a sexually oriented business means and includes any of the following:
1. The sale, lease or sublease of the business;
2. The transfer of securities which constitute a controlling interest in the business,
whether by sale, exchange or similar means; or
3. The establishment of a trust, gift or other similar legal devise which transfers
ownership or control of the business, except for transfer by bequest or other operation
of law upon the death of a person possessing the ownership or control.
5.80.025 Permit required.
Prior to the establishment or transfer of a sexually oriented business, the owner of the
business shall obtain both a sexually oriented business permit and a business license
from the city. It is unlawful for any person, association, partnership or corporation to
engage in, conduct, carry on, or to permit to be engaged in, conducted or carried on, in
or upon any premises within the city, the business of a sexually oriented business, or
be engaged as a sexually oriented entertainer, as defined in this chapter, without
possessing a permit issued pursuant to the provisions of this chapter for each and
every separate office or place of business conducted by the above. The permit fee
required by this chapter shall be in addition to any other license, permit or fee required
under any of the provisions of this code.
Neither the filing of an application for the permit, nor payment of any other license,
permit or fee required under any other provision of this code, shall authorize the
engaging in, conducting or carrying on of a sexually oriented business, or as a sexually
oriented entertainer.
5.80.030 Application requirements.
The property owner, or authorized agent of the property owner, is eligible to request a
sexually oriented business permit. The application fee for any sexually oriented
business permit shall be eight hundred thirty-five dollars and is nonrefundable and
shall be used to defray the cost of investigation, processing and hearing as set forth
herein. The application fee for a sexually oriented entertainer permit shall be one
hundred dollars. The fees set forth herein shall be in effect until the city council shall
by resolution fix some other rate based upon a cost factor.
All permits shall expire one year from the date of issuance. Applications for renewal of
a permit shall be made thirty days prior to the expiration date. The renewal
application fee for a sexually oriented business permit shall be one hundred dollars.
The renewal application fee for a sexually oriented entertainer shall be twenty-five
dollars. Said renewal application fees are nonrefundable and shall be used to defray
the cost of investigation and processing the renewal applications. The fees set forth
herein shall be in effect until the city council shall by resolution fix some other rate
based upon a cost factor.
The following information is required at the time a sexually oriented business permit is
submitted to the planning department:
A. A completed sexually oriented business permit application specifying the single
type of sexually oriented business permitted and signed by the property owner or
authorized representative;
B. The nonrefundable deposit or fee as set forth by ordinance or resolution of the city
council.
C. Any person, association, partnership or corporation desiring to obtain a business
license tax certificate and a permit for a sexually oriented business shall make an
application, under oath, to the city manager upon a form provided by the city
manager. If the applicant is a corporation, the requirement to provide the application
information applies to each of the officers, directors and/or stockholders owning not
less than ten present of the stock of the corporation. If the applicant is a partnership,
this requirement applies to each of the partners, including limited partners. The
application shall contain the following:
1. The name, including any aliases, current permanent residential address, e-mail
address, and telephone number of the applicant;
2. The business name, proposed business address of the sexually oriented
business, website address and its telephone number;
a. If the applicant is a corporation, the name shall be exactly as set forth in its
articles of incorporation and it shall provide a copy of its articles of incorporation. The
applicant shall show the name and residence address of each of the officers, directors
and each stockholder owning ten percent, or greater, of the stock of the corporation
and the address of the corporation itself, if different than the address of the sexually
oriented business. The application shall show that the corporation is in good standing
under the laws of California,
b. If the applicant is a partnership, the application shall provide a copy of the
partnership agreement and show the name and residence address of each of the
partners including limited partners and the address of the partnership itself, if
different than the address of the sexually oriented business;
3. The name and permanent address of the owner of the property upon which the
applicant intends to locate the sexually oriented business. If the property owner is a
corporation, the name shall be exactly as set forth in its articles of incorporation and
the applicant shall show the name and residence address of each of the officers,
directors and stockholders owning ten percent or greater of the stock of the
corporation. If the property owner is a partnership, the application shall show the
name and residence address of each of its partners, including limited partners;
4. In the event the applicant is not the owner of record of the real property upon
which the sexually oriented business is or will be located, the application must be
accompanied by a notarized statement from the owner of record of the real property
acknowledging that a sexually oriented business is or will be located on the property.
In addition, the applicant must furnish a copy of the lease or rental agreement
pertaining to the premises in which the sexually oriented business will be located;
5. The days, hours and location where the sexually oriented business is proposed
to be conducted, and the admission fee, if any, to be charged;
6. The name(s) of person(s) having the management or supervision of the
applicant's business;
7. Whether or not the applicant has been convicted of a specified criminal act
within the last three years, the nature of such offense, the date of conviction, place
convicted and the sentence received therefor;
8. Whether or not the applicant has ever had any similar license or permit issued
by an agency revoked or suspended, or has had any professional or vocational license
or permit revoked or suspended, and the reasons therefor, and the business activity or
occupation subsequent to such action of suspension or revocation. 9. Driver's
license or other acceptable identification and social security number of the applicant.;
10. Acceptable written proof that the applicant is at least eighteen years of
age. 11. The height, weight, color of eyes, color of hair and date of birth of the
applicant. 12. The business, occupation or employment history of the applicant for
the last five-year period immediately preceding the date of the filing of the
application. 13. Each residence and business address of the applicant for the five-
year period immediately preceding the date of the filing of the application. 14.One
front -faced portrait photograph of the applicant at least two inches by two inches in
size shall be taken by the city police.;
15. A detailed description of the proposed entertainment, including type of
entertainment, number of persons engaged in the entertainment and any further
information about the entertainment or entertainers, as the city manager may deem
necessary;
16. The name and address of any other sexually oriented business owned or
operated by any person whose name is required to be given in subsection C of this
section;
17. A description of any other business to be operated on the same premises or on
adjoining premises owned or controlled by the applicant. 18. Authorization for the
city, its agents and employees to seek information and conduct an investigation into
the truth of the statements set forth in the application and the qualifications of the
applicant for the permit;
19. Such other identification and information necessary to discover the truth of the
matters required to be set forth in the application;
20. Applicant must furnish for any person whose name is required to be given in
subsection (C)(6) of this section the information requested by subsections (C)(1), (9)—
(14), (16), (18) and (19) of this section;
21. A sketch or diagram showing the configuration of the premises, including a
statement of total floor space occupied by the business. The sketch or diagram need
not be professionally prepared, but it must be drawn to a designated scale or drawn
with marked dimensions of the interior of the premises to an accuracy of plus or
minus six inches;
22. A current certificate and straight-line drawing prepared within thirty days prior
to application by a California registered land surveyor depicting the property lines and
the structures containing any established existing uses regulated by this chapter
within one thousand five hundred feet of the property to be certified; the property
lines of any established religious institution/synagogue, school, public park, recreation
area, public building, family -oriented restaurant, business involving an on -premises
sale of liquor or alcoholic beverages, or area zoned R-1, R-2, PR, PC, PI or C-1 within
one thousand five hundred feet of the property. For the purpose of this section, a use
shall be considered existing or established if it is in existence at the time an
application is submitted.
D. The holder of the permit for a sexually oriented business shall notify the city's code
compliance department of each change in any of the data required to be furnished by
this section within ten days after such change occurs
5.80.050 Investigation and application.
A. Upon receipt of an application properly filed with the city and upon payment of the
nonrefundable application fee, the city or its designee shall immediately stamp the
application as received subject to the provisions of Section 5.80.030. The person
receiving the application shall immediately thereafter send photocopies of the
application to the Riverside County sheriff's department and any other city agencies
responsible for enforcement of health, fire, and building codes and laws. Each
department or agency shall promptly conduct an investigation of the applicant,
application and the proposed sexually oriented business in accordance with its
responsibilities under law and as set forth in this chapter. The investigation shall be
completed within twenty days of receipt of the application by the city or its designee.
At the conclusion of its investigation, each department or agency shall indicate on the
photocopy of the application its approval or disapproval of the application, date it, sign
it, and, in the event it disapproves, state the reasons therefor. The sheriff's department
shall only be required to check local and state summary criminal history information,
including NCIC, and certify whether disqualifying criminal history has been discovered.
The sheriff's department shall not be required to approve or disapprove applications.
For this purpose, the sheriff's department is specifically authorized by the city council
pursuant to California Penal Code Sections 11105 and 13300 to obtain such
information as relates to disqualifying criminal convictions for licensing purposes, as
specified in Section 120.05(C)(1)(j) and to disclose so much of the information
obtained to the city's designee as directly relates to such disqualifying criminal history,
for such appropriate action as is required based upon such specific criminal conduct
applicable to the subject applicant. No information shall be relayed relating to a
criminal arrest not resulting in conviction, or to a criminal arrest for which pretrial or
post -trial diversion has been ordered.
B. A department or agency shall disapprove an application if it finds that the
proposed sexually oriented business will be in violation of any provision of any statute,
code, ordinance, regulation or other law in effect in the city. After its indication of
approval or disapproval, each department or agency shall immediately return the
photocopy of the application to the city or its designee.
5.80.060 Findings —Requirements.
The city shall issue a sexually oriented business permit within the later of forty days of
receipt of a completed application or ten days from receipt of the complete
investigation report in Section 5.80.050 if it finds that:
A. The sexually oriented business shall be located in the city's SOB overlay zone
zoning districts.*
* The distance of separation required by subsections B through F of this section shall
be made by using a straight line, without regard to intervening structures or objects,
from the nearest external structural wall of the proposed sexually oriented business to
the nearest property line of the lot upon which is located a residential use, religious
institution, park, recreation area, public building, family -oriented restaurant or school.
The measurement taken when the proposed use is located on the same lot as an
already existing sexually oriented business, shall be the distance between the two
shall be measured in a straight line between the nearest external structural walls of
each use without regard to intervening structures or objects. No request for
subdivision, reparcelization or lot line adjustment shall be approved where the primary
purpose is to avoid the intent of these distance requirements.
B. The sexually oriented business shall not be located within seven hundred fifty feet
of any residential zone.
C. The sexually oriented business shall not be located within one thousand five
hundred feet of a school. "School" means institutions for teaching or caring for minor
children, e.g., child care facilities, preschool, day schools, elementary schools,
secondary schools, high schools; and institutions of higher learning receiving approved
graduates of preparatory school, and offering instructions in art, letters and science,
leading to the bachelor's degree or master's degree (e.g., colleges and universities).
D. The sexually oriented business shall not be located within one thousand five
hundred feet of any lot upon which there is properly located a public park, recreation
area or public building; nor within one thousand feet of any lot used by a religious
institution for religious activities.
E. The sexually oriented business shall not be located within seven hundred fifty feet
of any other sexually oriented business including sexually oriented businesses located
on the same parcel. In no event may more than one sexually oriented business be
located in the same structure.
F. The sexually oriented business shall not be located within seven hundred fifty feet
of any business involving on -premises sale of liquor or alcoholic beverages, nor shall it
be located within seven hundred fifty feet of a family -oriented restaurant. (A "family -
oriented restaurant" means any restaurant which provides specific inducement to
encourage attendance by children such as: play equipment, promotional toy items,
child's menu separate from regular menu.)
G. The sexually oriented business shall not be located within any structure for which a
part is within one hundred feet of the ultimate right-of-way of a major, primary or
secondary thoroughfare as defined in the general plan of the city. For the purpose of
this chapter, a property fronts on such a road if the property and any portion of the
right-of-way for the road have a contiguous boundary.
H. The parking requirements for sexually oriented businesses shall be as follows:
1. Bookstores and retail establishments: One parking space per three hundred
square feet of gross floor area;
2. Theaters: One parking space per three seats, if seats are fixed, or one parking
space per twenty-four square feet of gross floor area;
3. Cabarets: One parking space per three seats, if seats are fixed, or one parking
space per thirty-five square feet of gross floor area;
4. Motion picture arcade: One parking space per individual viewing area plus one
parking space per employee;
5. Motel/hotel: One parking space per guest room for first fifty rooms; three-
quarters parking space per guest room thereafter.
I. The sexually oriented business shall not be located completely or partially within
any mobile structure or pushcart.
I The sexually oriented business shall not stage any special events, promotions,
festivals, concerts or similar events which would increase the demand for parking
beyond the approved number of spaces for the particular use.
K. The sexually oriented business shall provide a security system that visually records
and monitors all parking lot areas. All indoor areas of the sexually oriented business
which are accessible to the public shall be open to public view at all times with the
exception of restroom facilities. "Accessible to the public' shall include but not be
limited to those areas which are only accessible to members of the public who pay a
fee and/or join a private club or organization.
L. The sexually oriented business complies with the city's sign regulations.
M. The sexually oriented business complies with the development and design
requirements of the zone in which it is to be located.
N. The sexually oriented business shall not display any sexually oriented material or
sexually oriented merchandise which would be visible from any location other than
from within the sexually oriented business.
O. The sexually oriented business shall not allow admittance to any person under the
age of eighteen if no liquor is served, or under the age of twenty-one if liquor is served.
P. With the exclusion of sexually oriented hotels, the sexually oriented business shall
not operate between the hours of one a.m. and nine a.m.
Q. The applicant shall not have been convicted of a crime relating to a specified
criminal act for which:
1. Less than two years have elapsed since the date of conviction or the date of
release from confinement, whichever is the later date, if the conviction is of a
misdemeanor offense for "specified criminal acts";
2. Less than five years have elapsed since the date of conviction or the date of
release from confinement, whichever is the later date, if the conviction is of a felony
offense for "specified criminal acts";
3. Less than five years have elapsed since the date of conviction or the date of
release from confinement, whichever is the later date, if the convictions are of two or
more misdemeanors for "specified criminal acts" occurring within any twenty -four -
month period;
4. The fact that a conviction is being appealed shall have no effect on
disqualification of the applicant;
5. An applicant who has been convicted of the above may qualify for a sexually
oriented business permit only when the time period required above in this section has
elapsed.
R. The sexually oriented business shall provide separate restroom facilities for male
and female patrons. The restrooms shall be free from sexually oriented materials and
sexually oriented merchandise. Only one person shall be allowed in the restroom at
any time, unless otherwise required by law, in which case the sexually oriented
business shall employ a restroom attendant of the same sex as the restroom users
who shall be present in the restroom during operating hours. The attendant shall
prevent any person(s) from engaging in any specified sexual activities within the
restroom and shall ensure that no person of the opposite sex is permitted in the
restroom.
S. The interior of the sexually oriented business which has individual viewing areas,
shall be configured such that there is unobstructed view using the naked eye, unaided
by any other devices, of every public area of the premises, including but not limited to
the interior of all individual viewing areas, from a permanent security station
physically demarked in the establishment which is no larger than thirty-two square
feet of floor area with no single dimension being greater than eight feet in a public
portion of the establishment. No public area, including but not limited to the interior of
any individual viewing area, shall be obscured by any door, curtain, wall, two-way
mirror or other device which would prohibit a person from seeing into the interior of
the individual viewing area from the manager's station. A security guard shall be
stationed in the security station at all times the business is in operation or open to the
public in order to enforce all rules and regulations. No individual viewing area shall be
designed or operated to permit occupancy of more than one person at a time.
"Individual viewing area" means any area designed for occupancy of one person for
the purpose of viewing live performances, pictures, movies, videos or other
presentations.
T. All areas of the sexually oriented business shall be illuminated at a minimum of
the following footcandles, minimally maintained and evenly distributed at ground
level:
Bookstores
20 footcandles
Retail establishments
20 footcandles
Theater
5 footcandles (except during performances, at which time the
lighting shall be at least 1.25 footcandles)
Cabaret
5 footcandles
Motion picture arcade
10 footcandles in public areas
Individual viewing
booths
1.25 footcandles
Motion picture
10 footcandles (except during performances at which time the
(theater blighting shall be at least 1.25 footcandles)
Motel/hotel 120 footcandles in public areas
U. At least one security guard in addition to the manager, is required for every fifty
patrons at sexually oriented businesses providing live entertainment. The manager
may act as the security guard where less than fifty patrons are present.
V. The individual viewing areas of the sexually oriented business shall be operated
and maintained with no holes, openings or other means of direct visual or physical
access between the interior space of two or more individual viewing areas.
W. A traffic study has been prepared for the sexually oriented business in
conformance with industry standards. The applicant shall demonstrate that the
project will not result in a reduction in any roadway level of service below that level of
service designated on the general plan for that roadway.
X. The sexually oriented business shall comply with the noise element of the general
plan, interior and exterior noise standards and any mitigation measures necessary to
reduce the project's noise impacts to the city's articulated noise standards.
Y. The sexually oriented business shall comply with all building and construction
standards of the Uniform Building Code, Chapter 24 hereof, Title 24 of the California
Code of Regulations, and all other federal, state and city -adopted standards for the
specific use.
Z. Whenever live entertainment is provided, patrons shall be physically separated
from sexually oriented entertainers by a floor to ceiling or, if appropriate, stage floor
to ceiling, permanent, solid barrier and a buffer zone of at least three feet. "Live
entertainment," for the purposes of this requirement, means any existent display by a
human being which is characterized by an emphasis on specified anatomical parts or
specified sexual activities. The three-foot buffer zone provision shall not apply to an
individual viewing area where the stage is completely separated from the individual
viewing area by a floor to ceiling permanent, solid barrier.
AA. No building, premises, structure, or other facility shall be permitted to contain
more than one type of sexually oriented business as such types of sexually oriented
business are defined in Section 5.80.020. For the purposes of this section, the catchall
phrase "sexually oriented business" shall not be considered a single type of sexually
oriented business.
BB. No individual viewing area may be occupied by more than one person at any one
time.
CC. No patron shall come into direct or indirect physical contact with any sexually
oriented entertainer.
DD. All building openings, entries, windows, etc., shall be located, covered or screened
in such a manner as to prevent a view into the interior from outside the building.
EE. Lighting in Parking Lots. Lighting shall be required which conforms to the dark sky
ordinance and is designed to illuminate all off-street parking areas serving such use
for the purpose of increasing the personal safety of store patrons and reducing the
incidence of vandalism and theft.
FF. Amplified Sound. No loudspeakers or sound equipment shall be used by a sexually
oriented business for the amplification of sound to a level discernible by the public
beyond the wall of the building in which such use is conducted.
GG. The building entrance to the adult use shall be clearly and legibly posted by a
notice indicating that minors are precluded from entering the premises. As used in this
subsection, "minor" means an individual less than eighteen years of age.
HH. Commercial businesses licensed or operating within the city shall not display or
exhibit any material in a manner which exposes to public view photographs or
illustrations of specified sexual activities or one or more naked adults in poses which
emphasize or direct the viewer's attention to the subject's genitals. As used in this
subsection, "exposes to public view" means exposes to the view of the person outside
the building in which the commercial business is located.
II. The permit required by this chapter shall be displayed in a prominent area.
The city shall deny the requested permit in writing if the above findings have not been
made and shall state reasons for the denial.
5.80.070 Permit duration.
A sexually oriented business permit shall be valid for a period of one year from the
date of issuance.
5.80.080 Permit renewal.
A sexually oriented business permit shall be renewed on a year-to-year basis provided
that the permittee and the sexually oriented business continues to meet the
requirements set forth in this chapter. A request for permit renewal must be filed
thirty days in advance of the permit expiration and shall be accompanied by a
completed sexually oriented business permit application as required in Section
5.80.050. If said application conforms to the previously approved application and the
sexually oriented business has not changed, the permit shall be renewed by the city
for another year. Any change or alteration in that nature or operation of the sexually
oriented business will require the renewal to be reviewed by the city.
5.80.090 Permits nontransferable, use -specific.
No sexually oriented business permit may be sold, transferred or assigned by any
permittee or by operation of law, to any other person, group, partnership, corporation
or any other entity unless the proposed transferee has first submitted a complete
application pursuant to Section 5.80.030 as well as a transfer fee equal to one-half of
the basic application permit. Any such sale, transfer or assignment or attempted sale,
transfer or assignment shall be deemed to constitute a voluntary surrender of the
permit and the permit shall be thereafter null and void. Any sexually oriented business
permit held by a corporation or partnership is subject to the same rules of
transferability as contained above. Any change in the nature or composition of the
sexually oriented business from one element of a sexually oriented business to
another element of a sexually oriented business shall also render the permit null and
void. Any sexually oriented business permit shall only be valid for the exact location
specified on the permit.
5.80.100 Enforcement, suspension and revocation.
A. Inspections. The permittee shall permit officers of the city, the county, and each of
their authorized representatives to conduct unscheduled inspections of the premises
of the sexually oriented business for the purpose of ensuring compliance with the law
at any time the sexually oriented business is open for business or occupied.
B. Suspension of Permit.
1. The city shall suspend a permit if it determines that a permittee, or an employee
of a permittee, has:
a. Violated or is not in compliance with any section of this chapter; or
b. Engaged in excessive use of alcoholic beverages while on the sexually
oriented business premises; or
c. Refused to allow an inspection of sexually oriented business premises as
authorized by this chapter; or
d. Knowingly permitted gambling by any person on the sexually oriented
business premises; or
e. Operated the sexually oriented business in violation of a building, fire,
health or zoning statute, code, ordinance or regulation, whether federal, state or local,
said determination being based on investigation by the division, department or
agency charged with enforcing said rules or laws. In the event of such statute, code,
ordinance or regulation violation, the city or its designee shall promptly notify the
permittee of the violation and shall allow the permittee a seven-day period in which to
correct the violation. If the permittee fails to correct the violation before the expiration
of the seven-day period, the city or its designee, shall forthwith suspend the permit
and shall notify the permittee of the suspension; or
f. Engaged in permit transfer contrary to Section 5.80.090. In the event that
the city suspends a permit on the grounds that a permittee engaged in a permit
transfer contrary to Section 5.80.090, the city shall forthwith notify the permittee of
the suspension. The suspension shall remain in effect until the applicable section of
this chapter has been satisfied; or
g. Operated the sexually oriented business in violation of any of the findings
required in Section 5.80.060; or
h. Been convicted of an act for which initial denial of a license would have
been required pursuant to Section 5.80.060(Q).
2. The suspension shall remain in effect until the violation of the statute, code,
ordinance or regulation in question has been corrected.
C. Revocation Grounds. The city may revoke a sexually oriented business permit when
it discovers that any of the following have occurred:
1. Any of the findings contained in Section 5.80.060 ceases to be satisfied and a
permit suspension has occurred during the twelve months prior to the violation
triggering revocation;
2. The application contains incorrect, false or misleading information that tended
to enhance the applicant's opportunity for obtaining a permit;
3. The applicant is convicted of any felony or misdemeanor which is classified as a
sex or sex related offense, any violation of the city's zoning ordinance, any violation of
the city's massage ordinance, or any violation of any other sexually oriented business
ordinance of any other city, county or state;
4. Individual viewing areas are being operated with more than one occupant at
any one time, or are being maintained with holes, openings or other means of direct
visual access between the interior space of two or more individual viewing areas. For
the purpose of this section, "individual viewing area" means a viewing area designed
for single occupancy;
5. Any person has been convicted of a sex -related offense as a result of his or her
activity on the premises of the sexually oriented business; or
6. Any person or persons has engaged in any specified sexual activities on the
premises.
D. Revocation Notice. Upon determining that the grounds for permit revocation exist,
the city shall furnish written notice of the proposed revocation to the permittee in
accordance with Section 1.01.300 of this code. Such notice shall summarize the
principal reasons for the proposed revocation, shall state that the permittee may
appeal the decision pursuant to Sections 2.08.180 through 2.08.220 of this code. The
city manager's decision shall be the city's final decision and shall not be appealable to
the city council.
E. Reapplication after Revocation. No person, corporation, partnership or member
thereof or any other entity may obtain a sexually oriented business permit for a
business once its permit has been revoked.
5.80.110 Violation —Penalty.
A. Every person, whether acting as an individual owner, employee of the owner,
permittee, or operator or employee of the permittee, or whether acting as a mere
helper for the owner, permittee, employer or operator, or whether acting as a
participant or worker in any way, who operates or conducts or who participates in the
operation of any unpermitted sexually oriented business, or who violates any
provisions of this chapter shall be guilty of a misdemeanor and shall be fined pursuant
to Section 1.01.230. Each day the violation continues shall be regarded as a separate
offense for which the full penalty may be imposed.
B. Any establishment operated, conducted or maintained contrary to the provision of
this chapter is unlawful and a public nuisance, and the city attorney may, in addition
to or in lieu of prosecuting a criminal action hereunder, commence an action or
actions, proceeding or proceedings for the abatement, removal and enjoinment
thereof in the manner provided by law, and shall take such other steps and shall apply
to such court or courts as may have jurisdiction to grant such relief as will abate or
remove such sexually oriented business and restrain and enjoin any person from
operating, conducting or maintaining such an establishment contrary to the provisions
of this chapter.
C. Any establishment operated in violation of the chapter is a public nuisance,
abatable pursuant to Chapter 11.72 of this code.
D. In any action to abate any such public nuisance, the city shall be entitled to recover
all enforcement costs, including staff costs and attorney fees.
5.80.120 Prohibition against nuditX
It is unlawful for any person to appear in a sexually oriented business in such a
manner so as to knowingly and intentionally:
A. Expose his or her genitals, pubic hair, natal cleft, perineum, anal region or pubic
hair region; or
B. Expose any device, costume or covering which gives the appearance of or
simulates the genitals, pubic hair, natal cleft, perineum, anal region, nipple and/or
areola of the female breast or pubic hair region; or
C. Expose the nipples and/or areola of the female breasts except as necessary while
engaging in the breast feeding of an infant under the age of two years old; or
D. Allow any person to engage in any of the activities described in subsections A
through C of this section in a sexually oriented business when such person has
ownership or managerial control over the sexually oriented business.
5.80.130 Expansion of legal nonconforming uses.
Notwithstanding any other provisions of this code, no sexually oriented business
legally operating prior to the effective date of the ordinance codified in this chapter
may be expanded in any manner unless and until the entire sexually oriented business
complies in all respects with the provisions of this chapter and/or any other provisions
of the code pertaining to the operation of the business. For the purposes of this
section, the term "expansion" shall include any physical expansion of the facility in
which the sexually oriented business is located or operating and/or the introduction
and/or addition of any category of sexually oriented business not legally operating on
the property prior to the enactment of the ordinance codified in this chapter as such
separate categories of sexually oriented business uses are contained in Section
5.80.020. For the purposes of this section, the catchall phrase "sexually oriented
business" shall not be considered a single category of sexually oriented business.
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 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. 2015-023.
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
Chapter 5.08 . ENTERTAINMENTS COMBINED WITH TH
CONSUMPTION OF ALCOHOLIC BEVERAGES I
5.08.010 Entertainments defined.
As used in this chapter, "entertainments" means every act, play, burlesque show, revue,
pantomime scene, song and dance act, song rendition, music rendition, or other entertainment
participated in by one or more persons which is performed, exhibited, shown or produced in
any place within the city where alcoholic beverages as defined by the State Alcoholic Beverage
Control Act are being sold or offered for sale for consumption on the premises. (Ord. 10 § 1,
1982)
5.08.020 Soliciting of drinks or trade.
No person owning, operating, managing or otherwise controlling any place as defined in Section
5.08.010 shall conduct, sponsor or allow any entertainment at any time when the practice of
employees soliciting or accepting drinks of alcoholic beverages from patrons is permitted. (Ord.
10§1,1982)
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5.08.030 Entertainment not to be visible or audible from street.
No person owning, operating, managing or otherwise controlling any place as defined in Section
5.08.010, shall suffer or permit any entertainment to be conducted which is visible or plainly
audible from any public street or sidewalk, except for such temporary periods not exceeding
one minute when patrons are entering or exiting through a doorway. (Ord. 10 § 1, 1982)
Q9 )4Q &GheA %k f4Fa e Moved into 5.08.020 above
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NOTE: This Chapter will be deleted when this use and related regulations are incorporated into
Title 9 Planning & Zoning in the conditional use permit section.
Chapter 5.12 DANCES
5.12.010 Definitions.
In this chapter, unless another meaning is clearly apparent from the context:
A. "Club dance" means any dance held by a dancing club.
B. "Dancing club" means any club or association of persons which conducts dances (other than
public dances for its members or bona fide guests) more often than once per month at which a
fee is charged, either for admission to the dance or for dancing therein, or at which any
collection or donation of money is made or received, or in which the amount of dues to be paid
by each member is dependent upon attendance at such dances by such members.
C. "Public dance" means a gathering of persons in or upon any premises where dancing is
participated in, either as the main purpose for the gathering or as an incident to some other
purpose, and to which premises the public is admitted.
D. "Public dance hall' means a place where dancing is conducted, whether for profit or not for
profit, and to which the public is admitted, either with or without charge or at which the public
is allowed to participate in the dancing, either with or without charge. (Ord. 10 § 1, 1982)
5.12.020 Hours.
No person shall conduct, manage, carry on, allow or participate in dancing at any dancing club,
public dance or public dance hall between the hours of two a.m. and eight a.m. (Ord. 10 § 1,
1982)
5.12.030 Permit required.
No person, whether as principal, agent, employee or otherwise, shall conduct, manage, carry
on, or participate in any dancing club, dancing school, studio, public dance or public dance hall
unless by authority of a permit from the city manager. (Ord. 10 § 1, 1982)
5.12.040 Operation during suspension or revocation.
It is unlawful to conduct or manage or carry on any dancing club, public dance, or public dance
club or hall in the city under any permit issued under this chapter while the permit is in a state
of suspension or while any suspension or revocation with respect to the permit continues to
exist; and it is unlawful for any person to participate in any such dance. (Ord. 10 § 1, 1982)
5.12.060 Effect of permit.
The issuance of any permit or temporary permit shall not be deemed to permit any violation of
law or ordinance or rule prescribed pursuant to Sections 5.12.250 and 5.12.260. (Ord. 10 § 1,
1982)
5.12.070 Posting of permit. The permit shall be conspicuously posted upon the premises
referred to therein, during the term thereof. (Ord. 10 § 1, 1982)
5.12.080 Requisites to issuance of permit —Factors considered.
No permit or temporary permit shall be issued under this chapter unless and until it appears
and is determined by the city manager, in his her discretion, that the conduct of the dance hall,
dancing club, or public dance will comport with and not prejudice or work to the disadvantage
or injury or harm of the public peace, safety, morals, health or welfare, and that the applicant
will, for the term of the permit, have in force and effect adequate insurance to protect the
public and the city with regard to reasonably foreseeable accidents and other liability, and the
city manager and other city departments, in acting upon any such application, shall consider
any and all facts and evidence pertinent, relevant or material with respect thereto and require
such conditions to permit issuance as the city manager deems necessary including making the
permit conditional upon the attendance of a special police or fire officer or officers, appointed
under Section 5.12.270 through 5.12.290. (Ord. 10 § 1, 1982)
5.12.100 Permit —Issuance.
Permits to conduct dancing clubs, dancing schools, studios, public dances or public dance halls
may be issued or renewed by the city manager upon the written application of any person for
himself or on behalf of any other person, and payment of the required charges. (Ord. 10 § 1,
1982)
5.12.110 Permit —Expiration date.
Every such permit shall expire on September 30th following the date of issuance. (Ord. 10 § 1,
1982)
5.12.120 Filing of application —Fee.
Every such application shall be filed with the city manager, and at the time of filing the
applicant shall submit a payment in such amount as has been prescribed by resolution of the
city council, to defray the expense of investigation and processing. (Ord. 10 § 1, 1982)
5.12.130 Exemption from fee for casual dances.
There shall be no charge or fee for investigation where dances are proposed to be held by
charitable, memorial, fraternal or labor associations, student bodies of schools or the proposed
dances are in connection with patriotic or holiday celebrations or festivals, where such dances
are casual and for one such occasion only and are not conducted more often than once per
month. (Ord. 10 § 1, 1982)
5.12.140 Application —Presentation —Contents.
Every such written application for a permit shall be presented to the city manager and shall set
forth the following facts:
A. Applicant. The name and residence of the applicant or applicants, and if any applicants are a
firm, association, corporation or club, the names and residences of the partners, officers,
directors, managers and of all employees who will be in charge of the dancing club, public
dance, or public dance hall;
B. Location. The place for which the permit is desired or in which any dance or dances are
proposed to be held;
C. Time of Dances. The number and dates of the dances proposed to be held;
D. Police. Whether a special police officer pursuant to Sections 5.12.270 through 5.12.290 is
desired for the dance or dances, and will be present at times dancing is conducted, carried on
or allowed. (Ord. 10 § 1, 1982)
5.12.150 Reference.
Upon filing of each application, it shall be referred by the city manager to departments
designated by the city manager for investigation and report. (Ord. 10 § 1, 1982)
5.12.160 Investigation.
The departments so designated shall make a thorough investigation as required for the
protection of the public peace, health, safety and general welfare, and may require the
submission of additional information by the applicant as is necessary to the investigation. (Ord.
10§1,1982)
5.12.170 Recommendation.
Thereafter, and within five business days from of the application, each
department designated shall report its findings and conclusions and make recommendations
concerning the application. (Ord. 10 § 1, 1982)
5.12.180 Consideration, decision by city manager ® Time period, temporary permit.
After receiving the reports as provided for in Section 5.12.170, the city manager may make such
further investigations as he deems proper or advisable in the interest of the public peace,
health, safety and general welfare, and within thirty days from the filing of the application shall
either approve, conditionally approve or deny the application according to the requirements of
the public peace, health, safety or general welfare. Should the city manager fail to act within
said time, the application shall be deemed denied. At any time after the application is filed,
however, and pending complete processing thereof, the city manager may issue a temporary
permit upon stated terms and conditions, including a fixed expiration date or indefinite period
subject to termination on notice, so long as the city manager tentatively determines that the
temporary permit for the activity desired to be held will comport with and not prejudice nor
work to the disadvantage or injury of the public peace, safety, morals, health or welfare. (Ord.
10§1,1982)
5.12.190 Suspension of permit— Reauirement of police officer.
The city manager may at any time temporarily suspend any permit issued under this chapter, or
may require the attendance of a special police officer during all or certain times dancing is
conducted, carried on or allowed, as a condition to the continued exercise of the permit, when
the finds and determines that the public peace, safety, morals, health or welfare require or
will be promoted or best served by such suspension or special police officer attendance. (Ord.
10§1,1982)
00 Service of notices and orders.
The service of any notices or orders pursuant to this chapter, shall be served in A eepy ---' }
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5.12.2 10 Right to be heard.
The holder of any permit, suspended permit or revoked permit shall be afforded an opportunity
to be heard and to present evidence on his her behalf at an appeal hearing before the city
manager held in accordance with sections 2.08.180 through 2.08.230 of this code. (Ord. 10 § 1,
1982)
5.12.249220 Action by city manager upon hearing.
Upon hearing held by the city manager , and adjournments and continuances thereof upon
the notice, the city manager may revoke, suspend, further suspend or apply conditions to the
further exercise of any permit issued under this chapter because of anything done or omitted
by the permittee, his her agents or employees or the patrons of his her establishment upon
the premises involved contrary to the provisions of any applicable state law, or of this chapter
or any ordinance of the city, or of the rules prescribed by the city manager pursuant to sections
5.12.2 30 and 5.12.2640, or when the public peace, safety, morals, health or welfare require or
will be promoted or best served by any such action. (Ord. 10 § 1, 1982)
5.12.2 0 Power to make rules and regulations.
The city manager may make rules and regulations governing dancing clubs, public dances, or
public dance halls within this city which shall govern and apply to all permittees under this
chapter. (Ord. 10 § 1, 1982)
5.12.270 Special police officers —Requested by applicant n p p'aGatk„* yyanag meat
Any person conducting, managing, or carrying on any dancing club, public dance or public
dance hall shall have the right to apply to the city manager for appointment of a special police
officer or officers of the city to be present and in attendance at the dancing club, public dance
or public dance hall during all times that dancing is conducted, carried on or allowed therein,
for the purpose of preserving order and preventing any violation of any law of the state, or any
ordinance of the city, or any rule prescribed under Sections 5.12.230 and 5.12.240. (Ord. 10 §
1, 1982)
5.12.280 Special police and fire officers required by city.
The city manager may require the presence and attendance of a special police officer or
officers, or also a special fire officer or officers in accordance with the provisions of the Uniform
Fire Code relating to standby firemen at places of public assembly, any of which requirements
may be prescribed as a condition or conditions to the exercise of any permit, long term or
temporary, as provided for in this chapter. In such event, the permit shall be effective only
durinE the attendance of the police and/or fire officer or officers. (Ord. 10 § 1, 1982)
5.12.290 Cost of policing.
A. Fees. The expense of any such special officer or officers so appointed for such attendance
shall be paid by the person so conducting, managing, or carrying on any dancing club, public
dance, or public dance hall in accordance with such schedule of fees for such services as may be
found to be reasonable and established by the chief of police or the fire chief, as the case may
be.
PaymentB. • the County Sheriff's Department anclZor County Fire Department
for the City Manager... expense of - special • - dates
prescribed by those County departments. shall be paid — h —
5.12.300 Appeals.
Any person aggrieved by any decision of the city manager with respect to denial or issuance of
any permit, conditions attached thereto, or any other administrative action taken pursuant to
the terms of this chapter, may appeal to the city council__pursuant to Sections 2.04.100 through
2.04.130 of this code.
greuRds ef appeal. Unless an adjustment ef the matter 'is then made by the eity-+s��
NOTE: This Chapter will be deleted when this use and related regulations are incorporated into
Title 9 Planning & Zoning in the temporary use permit section.
Chapter 5.16 DRUG PARAPHERNALIA DISPLAY
Delete this chapter. Move it into 5.72 (Misc. Business Regs) and refer to compliance
with state law.
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Chapter 5.20 HANDBILLS
5.20.010 Purpose.
To protect the people from the nuisance of and incident to the promiscuous distribution of
handbills and circulars, particularly commercial handbills, as defined in this chapter, with the
resulting detriment and danger to public health and safety, the public interest, convenience and
necessity requires the regulation thereof, and to that end the purposes of this chapter are
specifically declared to be as follows:
A. To protect the people against the unlawful activities or operations of dissolute persons of
criminal habits or tendencies, representing themselves as solicitors, canvassers, or handbill
solicitors, canvassers, or handbill distributors, together with their employers, by regulating the
business of handbill and advertising distribution
B. To protect local residents against trespassing by solicitors, canvassers, or handbill
distributors, upon private property of such residents if they have given reasonable notice, as
defined in Section 5.20.080 that they do not wish to be solicited by such persons, or do not
desire to receive handbills or advertising matter;
C. To protect the people against the health and safety menace and the expense incident to the
littering of the streets and public places by the promiscuous and uncontrolled distribution of
advertising matter and commercial handbills;
D. To preserve to the people their constitutional right to receive and disseminate information
not restricted under the ordinary rules of decency and good morals and public order, by
distinguishing between the nuisance created by the promiscuous distribution of advertising and
commercial circulars and the right to deliver noncommercial handbills to all who are willing to
receive them, said right being limited solely by the needs of pedestrian and traffic safety. (Ord.
10§1,1982)
5.20.020 Definitions.
The following words, terms and phrases when used in this chapter have the meaning ascribed
to them in this section except where the context clearly indicates a different meaning:
A. "Commercial handbill' means and includes any printed or written matter, any sample or
device, dodger, circular, leaflet, pamphlet, paper, booklet, sign, bill, poster, picture, lithograph,
map, plat or any other printed or otherwise reproduced original or copies of any matter or
literature:
1. Which advertises for sale any merchandise, product, commodity, thing or service; or
2. Which directs attention to any business or mercantile or commercial establishment, or
other activity, for the purpose of either directly or indirectly promoting the interests thereof by
sales; or
3. Which directs attention to or advertises any meeting, theatrical performance, exhibition,
or event of any kind, for which an admission fee is charged for the purpose of private gain or
profit; but the terms of this subdivision shall not apply where an admission fee is charged or a
collection is taken up for the purpose of defraying the expenses incident to the meeting,
theatrical performance, exhibition or event of any kind, when either of them is held, given or
takes place in connection with the dissemination of information which is not restricted under
the ordinary rules of decency, good morals, public peace, safety and good order; provided, that
nothing contained in this subdivision shall be deemed to authorize the holding, giving or taking
place of any meeting, theatrical performance, exhibition, or event of any kind, without a license
where the license is or may be required by any law of this state, or under any ordinance of this
city; or
4. Which, while containing reading matter other than advertising matter, is predominantly
and essentially an advertisement, and is distributed or circulated for advertising purposes, or
for the private benefit and gain of any person so engaged as advertiser or distributor.
B. "Handbill distributor" means and includes any person engaging or engaged in the business
for hire or gain of distributing commercial or noncommercial handbills, other than newspapers
distributed to subscribers thereof, and any person receiving compensation directly or indirectly
for the distribution of such handbills.
C. "Newspaper" means and includes any newspaper of general circulation as defined by
general law, any newspaper duly entered with the Post Office of the United States, in
accordance with federal statute or regulation, and any newspaper filed and recorded with any
recording officer as provided by general law; and, in addition thereto, means and includes any
periodical or current magazine regularly published with not less than four issues per year, and
sold to the public.
D. "Noncommercial handbill' means and includes any printed or written matter, any sample or
device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, sign, bill,
poster, picture, lithograph, map, plat or any other printed or otherwise reproduced original or
copies of any matter or literature not included in the definition of a sign, or a commercial
handbill, or a newspaper.
E. "Person" means and includes any person, firm, partnership, association, corporation,
company, or organization of any kind.
F. "Private premises" means and includes any dwelling, house, building, or other structure,
designed or used either wholly or in part for private residential purposes, whether inhabited or
temporarily or continuously uninhabited or vacant, and includes any yard, grounds, walk,
driveway, porch, steps, vestibule, building or other structure.
G. "Public place" means and includes any and all streets, boulevards, avenues, lanes, alleys,
walkways, bikeways or other public ways, and any and all public parking facilities, public parks,
public golf courses, squares, spaces, plazas, grounds and buildings. (Ord. 10 § 1, 1982)
5.20.030 Posting notice, placard or bill prohibited in certain cases.
No person shall post, stick, stamp, paint or otherwise fix, or cause the same to be done by any
person, any notice, placard, bill, card, poster advertisement or other paper or device calculated
to attract the attention of the public, to or upon any sidewalk, crosswalk, curb or curbstone,
flagstone or any other portion or part of any public way or public place, or any lamppost,
electric light, telegraph, telephone or trolley line pole, or railway structure, hydrant, tree or
tree -box, or upon the piers, columns, trusses, girders, railings, gates or other parts of any public
bridge or viaduct or other public structure or building, or upon any pole, box, or fixture of the
fire alarm or police telegraph system, except such as may be authorized or required by the laws
of the United States, or the state and the ordinances of the city. (Ord. 10 § 1, 1982)
5.20.040 Throwing, a*db®" broadcasting or distributing handbills in public places
prohibited.
It is unlawful for any person to deposit, place, throw, scatter or cast any commercial or
noncommercial handbill in or upon any public place within this city; and it is also unlawful for
any person to hand out or distribute or sell any commercial handbill in any public place;
provided however, that it is not unlawful for any person to hand out or distribute, without
charge to the receiver thereof, any noncommercial handbill in any public place to any person
willing to accept the noncommercial handbill as provided in this chapter. (Ord. 10 § 1, 1982)
5.20.050 Placing commercial handbills in or on vehicles prohibited.
No person shall distribute, deposit, place, throw, scatter or cast any commercial handbill in or
upon any automobile or other vehicle. (Ord. 10 § 1, 1982)
5.20.060 Distribution on uninhabited or vacant private premises prohi i e ef ^e a*G6-gF
me ae aanaa <-awP®91 Iro9ero �I La®Ilr
It is unlawful for any person to distribute, deposit, place, throw, scatter, or cast any commercial
or noncommercial handbill in or upon any private premises which are temporarily or
continuously uninhabited or vacant. (Ord. 10 § 1, 1982)
5.20.070 Distribution prohibited where properly posted.
It is unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial
or noncommercial handbill upon any inhabited private premises, if requested by anyone
thereon not to do so, or if there is placed on the premises in a conspicuous position near the
entrance thereof, a sign bearing the words "NO TRESPASSING," "NO PEDDLERS OR AGENTS,"
"NO ADVERTISEMENT" or similar notice indicating in any manner that the occupants of the
premises do not desire to be molested or have their right of privacy disturbed, or to have any
such handbills left upon the premises. (Ord. 10 § 1, 1982)
5.20.080 Distribution on inhabited private premises —Not posted.
In the case of inhabited private premises which are not posted as provided in this chapter,
aferesa;d 4Gep-s�a person holding a valid city business license, unless requested by anyone
upon the premises not to do so, may place or deposit any such handbill in or upon the
inhabited private premises, if the handbill is so placed or deposited as to secure or prevent the
handbill from being blown or drifted about the premises or elsewhere except that mailboxes
may not be used. (Ord. 10 § 1, 1982)
5.20.090 isriuors' comRliance- Advertising from own �remises'�° —' ®^��°��° ��°
It is unlawful for any person to engage in the business of handbill distributor for hire, or for any
person to distribute commercial or noncommercial handbills, without first complying with the
terms of this chapter and all other relevant laws and regulations; provided, that nothing
contained in this chapter shall apply to any person advertising his her business or activity upon
his her own premises, if the business or activity is regularly established at a definite location in
the city, and also if a valid business license has been obtained therefor, if the business license is
required under the terms of any applicable law or ordinance. (Ord. 10 § 1, 1982)
..10 Business license required®
A city business license shall be obtained by every person in accordance with chapter 3.28 of this
code before any person may become a handbill distributor.
A. 4nnlie Rt's Hamm.
B. B„
�C?�n r i e•� �c�r c � � °
9). A brief des
9. The last t,won negGurea,.—r�r n°f+b,.n-,nnl�--..1'
,
left
44
|
|5.20.11069 Exemption.
The provisions of this chapter shall not be deemed to apply to the distribution of mail by the
United States, nor to newspapers as defined in this ohapte
an infraction.
Chapter 5,24 HOTEL REGISTRATION
Every owner, keeper or proprietor of any |odginghouse, roonninghouse, recreation vehicle park
hotel or motel shall keep a register wherein s/he shall require all guests, roomers or lodgers to
inscribe their names and addresses upon their procuring lodging or a room or accommodations.
Before fur or owner
thereof shall compar each name inscribed against a valid governme t-issued identifi.cation
document as verification of accur���inscribed in register and shall set opposite the
each name the correct date and time when so inscribed, a d the room or space occupied, or to
be occupied by the lodger, roomer or guest. t the time of departure of each guest, every
owner, keeper or prop ietor shall eadorse_upon such register the date of such depart re and no
information written in such register. (Ord. 10 §
1,1982)
5.24.020Form ofreeister gee4tFa4kmw retention ofreeister.
The register reguired in Section 5124.010 shall be kt2L�in either a substantially bound book,
compilation of registration cards, o electronic format; and which register shall be pr served for
a minimum period of three years a ter the date of its most r
5.24.030 Access to register.
The register shall at all times be open to inspection by the chief of police,__Gf—any regular
po|i of this oi
city officer or employee or law enforcement or other official !�j�business �uros�es. (Ord. 10 §
1,1982)
|5.24.04-50 Duty to register.
/
Every person engaging or to whom there is furnished any room or accommodations at a
| |odginghouse, roonninghouse, recreation v hotel or motel shall first sign the register
and give the information as provided in the preceding sections. (Ord. 10 § 1, 1982)
5.24.0560 False name or address.
No person referred to in Section 5.24.030 shall write or allow to be written any other than
his her true name and address upon the registration; nor shall any person write thereon other
than the true name and address of any other guest upon the registration. (Ord. 10 § 1, 1982)
MOVE 11.60 INTO CHAPTER 5.24 AND DELETE CHAPTER 11.60
40nV rM�®s+ice �. 5.24.005 Definitions.
The following definitions are applicable to this chapter:
A. "Adult" means any competent person over eighteen years of age.
B. "Hotel' means lodginhouse, roominhouse, recreation vehicle park, hotel or motel
or apartment house.
C. "Minor child" means any person less than eighteen years of age.
D. "Occupancy" or "occupation" includes but is not limited to any type of rental, lease,
sublease or letting of hotel rooms for compensation or otherwise.
E. "Parent" means the natural or adopted parent or relative eighteen years or more of age, or
the legal guardian.
F. "Room" means and includes any rental, hotel room, apartment, or any type of hotel
accommodation. (Ord. 10 § 1, 1982)
46n non 5.24.060 Hotel owner responsibility.
No hotel owner, operator or employee shall permit the occupancy of any room by any minor
child, unless the minor child is accompanied by his her parent, legal guardian or a responsible
adult authorized in writing by a parent or legal guardian of the minor child. (Ord. 10 § 1, 1982)
60GQ 5.24.070 Du!y2fRarent or adult.
No adult or parent registering with a minor child, as provided in Section 5.24.050 47. 9.9-3-9
shall, except in the case of sickness, death, or act of God, fail to remain registered for a period
equal to the longest period of occupation by the minor child. (Ord. 10 § 1, 1982)
5.28 ice vending machines - DELETE. Neither the State, County nor any
other City code checked has this in their codes. Not relevant in a desert
setting, and these machines are regulated by health departments.
5.32.010 Definitions.
A. "Applicant" means the individual seeking a permit pursuant to this
chapter.
B. "Certified copy" means a copy of a document that is certified by the
issuer as being a true and accurate copy of the original document or a similar
document bearing an original signature of the issuer.
C. "Ceirtined M ssa c . u �s� �ii�iicir�cu Y> irr�c�sir a :cu scar a Il uc its � u �iiL sl I ....th
Mga5g c I Il aQj=y Council, undeir California Business ...and Professions ...Code....§ 4604.2.
and who....administers imassagg,
Q..... "Ceirtined imassagg UbgEgpiist" imeans a....p: ups .!rg ho its ceirtined II";
N s c I Il g „unciil,...gu 2dgiiir CaliforniaBusiness and Professions Code § 4604 and
who administers .misters it a sa
E. C. "Certified statement" means a written assertion, claim or
declaration bearing the original signature of the issuer.
f. m "Communicable disease" shall mean tuberculosis, or any disease,
which may be transmitted from a massage therapist to a patron through normal
physical contact during the performance of any massage service.
Q. m "Complete application" shall mean an application, which provides
all of the requisite information required to be provided by an applicant pursuant to
this chapter.
GE G. -"Disqualifying conduct" means any of the following when occurring
within five years of any application made pursuant to this chapter:
1. Pandering as set forth in California Penal Code Section 266i;
2. Keeping or residing in a house of ill -fame as set forth in California Penal
Code Section 315;
3. Keeping a house for the purpose of assignation or prostitution, or other
disorderly house as set forth in California Penal Code Section 316;
4. Prevailing upon a person to visit a place of illegal gambling or
prostitution as set forth in California Penal Code Section 318;
5. Lewd conduct as set forth in California Penal Code Section 647,
subdivision (a);
6. Prostitution activities as set forth in California Penal Code Section 647,
subdivision (b);
7. Any offense committed in any other state which, if committed or
attempted in this state, would have been punishable as one or more of the offenses
set forth in California Penal Code Sections 266(i), 315, 316, 318, or 647, subdivisions (a)
or (b);
8. Any felony offense involving the sale of any controlled substance
specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057, or
11058;
9. Any offense committed in any other state which, if committed or
attempted in this state, would have been punishable as a felony offense involving the
sale of any controlled substance specified in California Health and Safety Code
Sections 11054, 11055, 11056, 11057, or 11058;
10. Any misdemeanor or felony offense which relates directly to the practice
of massage therapy, whether as a massage therapy business owner or operator, or as
a massage therapist; or
11. Any felony the commission of which occurred on the premises of a
massage therapy establishment.
MI. . Wk. "Filing date of application" means the date on which the permit
administrator determines that a complete application pursuant to this chapter has
been submitted to the permit administrator by the applicant.
1J.... L "Full nudity" or "semi -nudity" means any of the following: (a) the
appearance or display of an anus, male or female genital, pubic region, or a female
breast below a point immediately above the top of the areola, and/or (b) a state of
undress which less than completely and opaquely covers an anus, male or female
genital, pubic region or a female breast below a point immediately above the top of
the areola.
JK. "Manager" means the individual(s) who are responsible for the
management and/or supervision of a massage therapy business.
KI,. gym ... -"Massage" or "massage therapy" means any method of pressure
on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or
stimulating the external parts of the human body with the hands or with the aid of
any mechanical or electrical apparatus or appliances, with or without supplementary
aids such as creams, ointments, or other similar preparations commonly used in the
practice of massage, under such circumstances that it is reasonably expected that the
person to whom the treatment is provided or some third person on his or her behalf
will pay money or give any other consideration or any gratuity therefor. "Massage"
and "massage therapy" shall include such manipulation of the body or similar
procedures described in this paragraph that are performed in hydrotherapy, spa or
similar bath facilities.
W. "Massa rcu�iiliirrr�cY> irrrcrrirr �crrliirl rcu�iiliirr��c iissrur� I the ....Mas a
1ur p; cruirrriil ruu srur irr c rrliilcu irriirr ru iiirrc r irrrlProfessions Code § 4600 0 c .
..... m "Massage therapy establishment" means any �° . s :.. s
ps.... , .:... business for.. the ruir... SPG�! i.Rglb t derives income or
compensation from massage therapy services, whether or not massage is performed
on Elba p:Eei ruses of"...the a fixed Ib usiline sre-R;J�iit .
OM. aim .. -"Massage therapist" means an individual who, for any
consideration whatsoever, performs or offers to perform a massage.
Pp' . NassaI[Ihergperuirrr iilY> irrrcrrirr III uc cr r irriisr iicirr su cr sl rursru int to
IlhalDtcur 10.5 of Division 2 of the California Business and Professions Code (Business
.. n of mass„
sirs.... u�c°:ssucir ... �" ....6.... t t„ l:u„u s��....su�u::.uss��u ....
prggtiitiicir sirs and r assa clIlscr::ii� l .
gyi.... sm..."Operator" means any of the following: (a) the owner, (b) the
permit holder and applicant(s) therefor, (c) custodian, (d) manager, or (e) person in
charge of any massage therapy establishment.
OR. a... -"Off -premises massage" means a massage performed at a
location that is not a massage therapy establishment for which a permit to operate as
a massage therapy establishment has been granted by the city.
S.. m "Patron" means any person who receives a massage in exchange
for any form of consideration including, but not limited to, the payment of money.
R �. "Permit" means thp--- ......written livens ---pg: rrrr it ...to
pir stun .. fop2s iLct . massage II u p cs l liisll irr n it � cir s .i .w " ...
the ..... ::�°si! c ....Model ...MGSS ... ": ii . A "reciprocal permit" means a permit
issued by this jurisdiction based sok.. on the fact that the applicant holds a valid
massage heir w tbprg s csjs llsliisllsrrs�permit issued by another jurisdiction
is uirssu.. cs ... i.ir the Coachella .. ll y.µ An
"original permit" means a massage their tbgs rgpssts�lsliisllsirrssirs permit issued by
this juirisdiGtionthe ...City without regard to whether or not5 1Ils. ....applicant holds a
massage ffi ..... pist hgr cs s bliisllsirrsco permit issued by another jurisdiction.
rRGSSGge..estGb4&hment permit....1 Irl " s tlr Of and
. theF. ..." ° Rt. Imo... fRt P w . t
tis.e... indi
r � aunts permit to ..iii
UR m "Permit administrator" means the city manager or his designee,
who will be responsible for issuing god, revoking permits and otherwise administering
any provision of this chapter.
5 "Permittee" means the person to whom a permit has been issued
pursuant to the c sllsc4 Mad......MGSSGq�P4GG4#S
theirp4brthis chapter.
::i I Tm "Person" means any of the following: (a) an individual, (b) a
proprietorship, (c) a partnership, (d) a corporation, (e) an association, (f) a limited
liability company or (-gip) any other legal entity.
U L.Jm..."Physicians certificate" means a certified statement from a
physician licensed to practice medicine in the United States that provides that the
applicant has, within sixty days prior to the filing date of the application, been
examined by said physician and it has been determined that the applicant is free of
any communicable disease as defined in this chapter.
.... r r "
ius&titsutu i GGtpd—,whose purposeit .i.s
to ir.. iss ussi....
e-thic-s-,p4cactice, it fessof s work .. ssGi s° k lli4,s " ... ,... idR .:: °
st u.d.
qirGdLJGtiG4I fFGMs. ... F iuss it ., .. 4owius ...:rise su-Gepssful
si . ....cs learning.
Schools .offering Gorresisendeuss.c
, W....-"Specified anatomical area" means human genitals, pubic region,
anus, or a female breast below a point immediately above the top of the areola.
ZX. X,..-"Specified sexual activities" means any of the following: (a) the
fondling or other erotic touching of human genitals, pubic region, anus, or female
breasts, (b) sex acts, normal or perverted, actual or simulated, including, but not
limited to, intercourse, oral copulation, masturbation, or sodomy, or (c) excretory
functions as part of or in connection with the fondling or other erotic touching of
human genitals, pubic region, buttocks, anus, or female breasts, sex acts, normal or
perverted, actual or simulated, including inter -course, oral copulation, masturbation,
or sodomy. )4rd, 454 IF, 2 GGI)
5.32.020 Massage therapy gstablisivirneint p urmiiits aiind iirnassagg.... ceurtii icatioins
required.
A. Masses c pst�sl liisll uirr�cirrt pcu irr�iit. tc cu scar a 11 u�sll c cu Est cir u c iiirr
conduct cur caUr curimiit to Inc cirui ied in conducted cur carried on the
operation of a.. massage stab[iishir ent unless: (J) off p ur5gi] pro iipilirt.. c iiirr
connection with the stablishirr ent sine s urt.iified imassagg pr stitioneirs slap/oir s rti fief.
Massage Lb r piist Po clap t. dhe imassage establishimgiit...cp ur tcur Ilhas obtained
m.tsggg establishiment ...prrr it from thg Cud ;::�uu sou irrt tc tll a ;::u crciisiicirr cl tll ui
t bgPt r, as mll as gincall u u : u irr sits luscir u c irrp call u u a crc sls ire ruuur p I p [gwn
B. Massage Therapist p s utCeir iilfis bon.µ p s pt as c-presslw sc ams
thiG..s. d6sa IypQ ly a person holding a current massage thei . w ..
s utceirtifica issued . ' ter tll-uc Massasp p .. 1)IlbgL : peruinc"Il shall
p
p p 9 therapy s G th p.. st liisp�uir R# perform or offer to perform massage thera at -ice
l s- t d within the city. Nothing herein shall exempt a person from zoning or other
applicable requirements set out elsewhere in this code or in the zoning ordinance, and
every person shall comply with all such requirements.
B. tm Off -premises Endorsement :t. slt. Except as
expressly provided in this chapter, no person shall perform or offer to perform an off -
premises massage unless he or she has a valid massage therapist p... i- off -
premises endorsement, issued to him or her pursuant to the provisions of this chapter.
Nothing herein shall exempt a person from zoning or other applicable requirements
set out elsewhere in this code or in the zoning ordinance, and every person shall
comply with all such requirements.
possess ... ther tpp .. / p ... r t...... r pt Ihirn or IhPr4TGrn....tlhe
requ4p rlt of I... p ...:thiis chGptcr.....The permit
requirements of this chapter shall be in addition to the requirement of a business
license set out elsewhere in this code, as well as any other license, permit or fee
required by any local, county, state or federal law. (Q;d. M t § th 200 )
5.32.030 Consent.
By applying for a permit under the CeGds.c.4...
91rdiRCHIGGthiS chapter, ter, the applicant shall be deemed to have consented to the
provisions of this chapter and to the exercise thereunder by the permit administrator
and the city's officials, representatives and employees charged with implementing
and/or enforcing the provisions set forth in this chapter..).(:.. M th 001)
5.32.040 Permit administrator's responsibilities.
The city shall designate a permit administrator who shall be responsible
for granting or denying all permits described in this chapter and said permits shall
only be granted or denied pursuant to the provisions described herein and all other
applicable laws. If no designation is made pursuant to this provision, the city manager
shall be deemed the permit administrator.
Where used herein with respect to the permit r. inis r or's
responsibilities, words such as "shall" and "must" are not intended by the city to self -
impose liability and are instead intended only to be directory. )Df.m. t 9t ..4 00 ).
5.32.050 Reciprocal massage therepiiet tIIV ilrapy g5tghlisivirneint permit allocation.
A. If an applicant holds a current massage theira tllt Eap; estall lisp �
permit issued by any other jurisdiction pursuant taiin the Coachella Valley Model
:.. irdinG ::.., then application for a reciprocal massage theira . w . tbgrgpp
establishment permit may be made by submission, to the permit administrator, of all
of the following:
1. A certified copy of a current massage :t.16 a pist tll uu ap,, estalllisll uirreir ut
permit issued uor . y-gap QjlbgL...juLisdiictien... in the Coachella Valley Model
i'rtassa. p ... rdiieai by any other j. icUoia;
2. A certified copy of the original and all renewal applications related to the
massage tl6a .....post tbQt rapestall lislluirr eirut permit issued by the other Coachella Malley
jurisdictions lirdunG4 °::..; and
3. A non-refundable application fee as represented in the Ci 's fee
schedule to defray the costs of administering this chapter.
B. If the massage therapy permit submitted in support of an application for
a reciprocal permit includes an off -premises endorsement, the application shall be
deemed an application for both a massage the tll oeu asp estall Ball oirsoeo of permit
and an off -premises endorsement and no further documentation, information or fees
shall be required in order to apply for an off -premises endorsement to the reciprocal
permit. )4r m 454 § IF, ....2GG )
5.32.060 Original massage therapist permit application.
A..... If an applicant does not hold a current massage trier . w tlheurgpp
establishment permit issued by another jurisdiction tlh t Ihras ... tedin the Coachella
Valley Modelrw�" see, application for issuance of a massage theirapirA
lb..crap cstal lisp irr curt permit L. w 4 :: �, e shall be made, under oath, on the .... .
form set out at Appendix , p rg iided Its 1Il p. The following information, documents
and other requirements shall be included with the submission of all such applications:
Al. .gym The applicair-,ut.'soptAiican� s '............ legal name, any aliases and
date of birth;
.. & ..... intont.... ... n from. fir............
rnGssGge.. ther EGGh SUGh Il4!44
r r G& th r rirlir�iri L- r,Mewe rllr� ..
.The lG..ir.....:.Y...rl �irr�d '...... home and business addresses,
....� _ .....�,,m.......................
corresponding telephone numbers, and permanent address and telephone number, if
different;
, . D. Written evidence that the applicant is at least eighteen ( ) years
of age;
rp... E. The previous home addresses of the applicant for the ten (1
years prior to the filing date of the application.,. and the dates of residency at each
such address;
F5. m The names, addresses and descriptions of all current and former
businesses owned, operated or managed by applicant for the ten () years prior to
the filing date of the application.,. and the dates applicant owned, operated or
managed each such business;
G6. G. Employment history for the ten ...(..,....).......years prior to the date of
application, and all massage or similar business history and experience;
H 7. kIk Two front -face portrait photographs taken within thirty (, ) days
of the date of application, at least two inches by two inches in size;
18. pp.l.icar:.i..l.,.'s- k AppAcents weight, height, color of hair and eyes, and
sex;
..; ..: The .. plir iril,'s diriveFsdiriveir'sl license number or
identification number;
KI 0. m ::IC h-e II Ihg ...gpplicgirft'sr fingerprints taken within
the previous sixty Mdays by an agency approved by the permit administrator;
l...1 L, .III e .... �4lp keGlr.:ds II h.... lrlrlicarft' , social security number
and/or state or federally issued tax identification number;
I 2M. dim ircrr�..-iin the form ... ,. ...:'..w ... . ...� . . . „ i ....
eFti is Gti fGr
Il lriG :� � cir . Prod. f ceirtw�..rw" r h the....IN .w � rTMrtifirn-ti iur. r�r ru�ii ��
rrrrrrl . r Phor tiG MGssGqPG4r. A4rl l l�R4 i" r.i i" G r: w r
of the theirGpeutiG...i .. r, ii ..Ec it .. Proof o
qiraduatio4i fr .: w.. _ of of i .G& a .. rI . irr both f �I ...
.... lirrrr�r rl.i. rri
course of study for ...... , S.... ...
w Gfis clfeircrl
..
rrr-r -c rpquirinq at 1ar
irundred.... hours rrf masi�rrriry trrr44Rq. f ....dire ....Gp' .: rrri ted
ri r�r.l.. .iir irr ° rsrrrrrr�.... the ..rniirrr
hours of trGinin
t IR
Nz A..description of the propcsed....isr�sss�s cstrrll iisll ui�rrcirrt iir u� irrdiir a tllsc t
of tireatiments to Inc ry�.Y,i�„C+nra� .... Ilsm....ndir�riinisteiredA c.c.irtifiicd st....
phpsiciGnAiGc used t. rs tuc
..
...r i.is p ..s. pick " i wisp it Ip :.. ss rrr iii
any
to
130. a....A list of all of pplic rit's curiiimiirial—rildrAieciint c*4ninGI....convictions,
excluding traffic violations;
P14 sm Whether or not the applicant has ever been convicted of any
disqualifying conduct, asdefined.......ii.Irt....:this ......:.11t...p.tgL;
t„' Q. Whether or not the applicant is required to register as a sex
offender pursuant to the California Penal Code Section 290;
p16. Whether or not applicant has had a previous permit, license or
other authority for massage services denied, suspended or revoked by any entity. If
so, the date, location and reasons for the denial, suspension or revocation;
dt..s S. Whether or not the applicant has been a sole proprietor, general
partner, officer, director, member or employee of any massage therapy business that
has had a permit, license or authority to operate a massage business denied,
suspended or revoked by any entity. If so, the applicant shall provide the name and
location of the massage therapy establishment or business for which the permit was
denied, suspended or revoked, the date of the denial, suspension or revocation, and
the reason(s) for the denial, suspension or revocation; dwarf
18. A ...t:cirr pl t list of the ..naimes and current residence a diresses of all
PMpQ5Qd. i nssn., c tllcrru s;:rists a sctiticirrcus tccllcirricisirr sides trainees and ctlheir
ei .p1Q rocs Ilcc urc cu--riii I rr curs rfcp d in the massage e tglsfisllhimeint,..if known. IIf"...inot
known at the time ofsubmission of the pplic tion, the applicant shall Purgyidethe
rNgiired....information irrc....lat ur...thrrirr..s vei] ( )....calendar rr s :r�c c::rcirriirr fcu
luaus.uness;
19. For errclls p ur5g] that tlh irr� s rr c n tall ii llci�rrcirrt dcc cu rrrriii i�rr :rice
p i c rsrllcrrtllccu cirr uci rriscs cu cff... ruci rriscs rr crrurtifiicd
u r�t�suir�u cu.... r�u ir�rii.:t to ru f�cu irtr irrs.rr.
ggp cf tllcrrt ursciros c�uururrriru�rr certificate issued ....ls tllcc Massage I[llcgrgpy
Council, and n...scp tIlc e Massa c Illlccu rry
ticruncil.lt
20. Fhe naim..e and current residence ad tresses of all puLgpgsgd... cp Egtcurs ..and
i it goer rs who wiff I re purii.irtcul g[[ tlheirr
estaNisll invent. and
....................................................................................
. t .....The applicant shall provide the permit administrator with the
authorization to seek ....information and conduct the necessary background
investigations to determine the truthfulness and correctness of the information
provided by applicant and whether the applicant is qualified pursuant to this chapter
to receive the requested massage the r . tllcr rgp cstrrll fis�t permit.
ptf t;m.....The applicant shall date and sign the application and declare under
penalty of perjury that the information contained in the application is true and correct.
fst. V,...The applicant shall pay a non-refundable application deposit fee as
represented in the city's fee schedule of GR6 k' ineirnA nnA fif+,° Ardinr� at the time of
filing an application to defray the costs of administering this chapter which fee shall
e in addition to any other permit application fees. )ttirdm 454 § IF, GGI)
5.32.070 Supplemental application for off -premises endorsement.
A. If an applicant does not hold a current permit with an off -premises
endorsement issued by another Coachella alley jurisdiction puurso �tIde
...cic.e.l. ... application for an off -premises
endorsement to a massage theiro UIlh rnptnll li 11 irr ncia permit issued I.. w s
jw*ir . ' shall be made, under oath, on thp-a form set Purgyided I „
t.11s.........b. The following information, documents and other requirements shall be
included with the submission of all such applications:
t: gym....The_."..."..!..'..r..."'..'.c.ISls�iicced: w..p..p...I%s...IC:.:).;.Ys. legal name;
.. sm ....A copy of Iriplicant d p plica n I's massage th ....pist.
ticgrgp estoldlisllcirrreirct permit issued pursuant to this chapter, or reciprocal permit, if
application therefor is not submitted concurrently; an
sp. C, Proof,..-iuc the
se uusl ertificeti l urd fr
Ilcereotiic i G :�� woir . Proof of cerr�tup.. �c, c by the 1 ��� ., e peirtificotioius�G ...,
doerd lFer PheFGPeLAiG MGssGqP o4s. Arr o ssil de4c the ionise-of.e coca -eopp
of the theirGpeutiG...i .. said ..Board Proof of
Sir doeti. uc .fir " .. .: ol...Of MG&&G90 s ha,44equi ire ht.lh of t.lp..... ' s
our east docurnentatioii,est uscui . rap. -flee
d � Prepist olleired course o: study oir....core.. , os....
s.c:.1h [_G f MG&SaqpH G41.d.
ed sc llcooe... cps° er
etd... oirse-off st.
" ...�rirr
hours of mas&a9_e44PrGp,,y4raWRqA sgMpl to list of the inairnes rt.ind current .iresidence
od iresses of all peur5go5 who aire anticipated to prgyide off puremi.iaes irrrsussop.p, os well
as a ceirtiified cope of eocllc „ eu soircY cuuu a eirct irrro o e ceu ti cote and identification cord
issued Ile tllce Massage I[llcuturop per.
BD. Dm..The applicant shall provide the permit administrator with the
authorization to seek information and conduct the necessary background
investigations to determine the truthfulness and correctness of the information
provided by applicant and whether the applicant is qualified pursuant to this chapter
to receive the requested off -premises endorsement.
p. ......The applicant shall date and sign the application, declaring under
penalty of perjury that the information contained in the application is true and correct.
ts. iF, The applicant shall pay a non-refundable application deposit fee as
re resented in the citv's fee schedule f C-4- Ar lrwry at the time of filing an
application for an off -premises endorsement to defray the cost of administering this
chapter, which fee shall be in addition to any other permit application fees. )ttirdm 454 d
IF, ...s. ttttt )
5.32.080 Processing the application.
A. All applications shall be submitted to the permit administrator.
B. Upon receipt of an application and payment of nonrefundable
application deposit fee, the permit administrator shall immediately stamp the
application as received on that date. Within thirty .......Q....J......days thereafter, the permit
administrator shall notify the applicant if the application is deemed incomplete. Any
subsequent submission shall be deemed a new application.
C. Upon receipt of a completed application, the permit administrator shall
cause an investigation to be made by the appropriate individuals or departments as
determined by the permit administrator to be necessary for review and investigation
of the accuracy of the information contained in the application and compliance with
all applicable regulations.
. Fhe �:�a�+�� �� IlrruRdiin official e-4--+„ cur Ilciis desii inee shall iiirr
tIlcQ... ure iises l rci:res rl to lhe devoted to the ss �Ilcr�u r�l cs�rrllrliisllcirrrcirr� r�irrrl llcrrll
make a recommendation meindatiicin to the per ri iit administrator .conc prirriiirr ....ggMpliaince with....the
p: rg iisioins of this cllhapter..
E. , Each department or division to which the application is submitted
by the permit administrator shall respond in writing to the permit administrator.
f. m .....The permit administrator shall grant or deny an application for an
original permit within sixty (6C) business days of receipt of a complete application. The
permit administrator shall grant or deny a reciprocal permit or a renewal application
within thirty QQ) calendar days of receipt of a complete application therefor. (Q;m...M
....t .....0.0..1..).
5.32.090 Grounds for denial of application.
A. An application for a massage therapy r trrlbksllcirr eint permit shall be denied if
the permit administrator finds that, in the case of an application for a reciprocal
permit, the massage therapy esta lislhiment permit or off -premises endorsement that
the applicant alleges to have been issued by another CoachellaValley-Jurisdiction
�.ww �.. . . .i.u�s.a.RGe is not valid and/or current.
.. ....o.u�s�....:�.o...:�.16s. 1. ..s..q....
In all other cases, the application shall be denied if the permit administrator finds any
of the following:
1. The applicant is not eighteen ..(..,...)....years of age or older;
2. The application contains false information;
3. G Ilse
9irGdLJGti041.......i ......c.
tr ;rr ;.... :: dyweirl cruel ... As iiss ... -h tic.c.. is ... i t
MGSSGge..-Gnd--Bow o c f the r assa
ceirtiificat s submitted with the appliicrtion.cure determined to Ise invalid;
4. The applicant has been convicted of disqualifying conduct;
5. The applicant is required by the California Penal Code to register as a sex
offender;
6. The applicant has had a massage therapist permit, or a permit or license
to operate a massage therapy establishment, denied, revoked or suspended by any
entity within five (__'')_____years prior to the date of the application; or
7. The application is incomplete or any required information or document
has not been provided with the application.
B. If the permit administrator denies the application, he or she shall notify
the applicant of the denial in writing and state the reason(s) for the denial.
C. Any subsequent information submitted to cure the grounds
deRiedfoir denial of an application shall be treated as a new application. )Gird, M�5 F
2GGI)
5.32.110 Temporary permits.
A. Upon a finding of good cause therefor, the permit administrator may
issue a temporary permit to any person who possess a valid permit issued by any
other governmental entity pursuant to requirements that are similar to those set out
in this chapter, ii-RGludir. .:... .:...� ...
B. Application for a temporary permit shall be made by written request that
includes a statement, under penalty of perjury, of the justification for a temporary
permit. Said request shall be submitted to the permit administrator, together with the
following:
1. A certified copy of a valid permit issued by any other jurisdiction, .....and .......a
CcPcf LII �. �. rlca iOn ff u u Il cu irr ii ;
2. A certified copy of the provisions of the ordinance or other local law
pursuant to which the permit was issued by said other jurisdiction;
..... If f LIl Q person intends t .. pr�u stir cell a e�ciide irrresse e cu iir c r u tii �iic
rely eF LIho p eurseirs varid massage certificate issued Id he Massagr� I[heurep
ds. Proof of identification; and
54. rF .....A non-refundable application deposit fee as represented in the
Ciy's fee sceule to defray the cost of administering this chapter which fee shall be
in addition to anv other per it a plication fees,
C. All temporary permits shall automatically expire thirty (s.)....days after the
date of issuance of the subject temporary permit. The permit administrator shall have
the discretion to extend the term of any temporary permit an additional thirty (
days provided that the entire term of the subject temporary permit does not exceed a
total period of ninety .G......days.
D. The permit administrator may condition the issuance of a temporary
permit on any additional requirements that he or she deems necessary to assure the
purpose and policy of this chapter is met. (4rdm 354 s IF, 2GG
5.32.120 Keeping application and ordinance current.
A. During the effective duration of the permit, the permittee shall promptly
update, correct or supplement the information contained in the application therefor
on file with the permit administrator when necessary to keep the information
contained therein current and accurate. Circumstances gjymg iris to the in for
srucb epplgrrrg atel information inc[udry, Iprut eire not limited to, changes in the typ:rf
services to Ip ....pLoyii ed, and s:.lhnn., e iiiru �euseirr eirrr;::leygd er r teuir ed Ism
massage .. tbgrgp gs�eldliisllui eir��ri i asap . er the status of srur:h.. purrs 's
rrrr;.ssep .. certificate.... Corrections and sru..pp1errseO1g1.... information shall Ihe pLoyided.
within seven (t) r:nl ir]dnur n s efLll�ue eui ii��r�e Iderei�rriiirup nstnur of the information.
B. Where reference is made herein to any statute or other law, said
reference shall include any subsequent amendment or superseding provision thereto.
5.32.130 Renewal of permit.
A. All permits shall expire one year from the date they are issued, except
that an off -premises endorsement shall expire concurrently with the corresponding
massage th rGpost theirap; cstnll liis�t permit..
B. Applications for renewal of a permit shall be made thirty QQ) calendar
days prior to the expiration date of the permit. As uieeess o epd .
ce.i .....iii us............................sr............................ire.us.... .he.r.......:
a^nniirn+innIs.p�wruwes�..pp...ij.t.C.;i%C.irp., for renewal shall be in the same manner as the
original application. However, to the extent that the information previously submitted
to the permit administrator remains current, a statement to that effect shall be
sufficient and no further information or documentation shall be required except as
follows:
1. Renewal of a Reciprocal Permit.
a. Where the applicant seeks to renew a reciprocal permit, application for
renewal shall include evidence that the underlying massage tlherrspist tll ergpy
establishment .I curt permit Ih. y the i-sscii u4s ictici sd4bGt4--remains
valid and current.
b. For renewal of a reciprocal permit, permittee shall pay a nonrefundable
renewal application deposit fee as represented in the city's fee schedule of tee dennGre
to help defray the expense administering this chapter which fee shall be in addition to
any other permit application fees.
C. A reciprocal permit shall not be renewed if the underlying massage
theIrc tllrpE9R cstcldlislluirrrcirrt permit has expired and has not been renewed, or we
if the underlying permit has been revoked, or is otherwise no longer valid. If renewal of
a reciprocal permit is denied because the underlying permit is no longer valid,
permittee shall submit a complete, original application and comply with all submission
requirements set out GLKwe in... tllris sllrcptr for application for an original massage
therapist permit. All such applications shall also include an explanation of the reason
that the reciprocal permit is no longer valid.
2. Renewal of Original Permits.
....a. For rciuscwc:. -ru-- r-.
snl massage therapist p ir.i ... w .
srscurt.... rsrs Crrrtu ur�ctFss
ours... ..
c. _ -.
For renewal of an �rrr955999 tbcruy
establishment ent pnrrrriils other than uresiipresgl pgLL[niit peirrr t, permittee shall .c. pay a
non-refundable renewal application deposit fee as represented in the cit 's fee
schedule Te �' ������ ��nn��e at the time of filing the renewal application to help
defray the expense of administering this chapter which fee shall be in addition to any
other permit application fees. )ttirdm 454 CIF, 2 ttttt)
5.32.140 Therapists dress and identification.
A. During all times that he or she is performing or offering to perform
massage therapy services, every massage therapist shall wear a badge that identifies
his or her first and/or last name. Upon receipt of a request or complaint by a patron,
the massage therapist shall advise the patron of the full name of the massage
therapy establishment through which the massage therapy services were arranged,
and the identity of the permit administrator through whom the tlh rGpiist
establishment was issued his cur.... Ip yiurp . massage the r -4bel r PY
establishment t...lrt.:t...permit.
B. All massage therapists shall have in their possession a valid .p... rit
issued persccurt to ..:the p....Model ..... : w .:... ... ��
c scurtificatc curd identification scurd issurcd sp.. the Massa udurtui"ur�c.ti irrscssrs.. ....
:I)IJs..Egpp at all times that he or she is performing or offering to perform
massage therapy services within the city.
C. All massage therapists shall wear non -transparent outer garments
covering all specified anatomical areas while on Ube p;uurcrrrii.scs of c massage tllrgrwy
establishment, ent, as well as while performing or offering to perform any massage
therapy services, whetheir on pr irrrise cr offs prgmis ,,, (04. dm M to s rh 2001)-
5.32.150 Other prohibited activities.
A. It is unlawful for any massage therapist, any patron, or any other person
present where massage therapy services are being offered or performed, to expose or
touch any specified anatomical areas, whether his or her own, or those of another
person.
B. It is unlawful for any massage therapist, any patron, or any other person
present where massage therapy services are being offered or performed, to be in a
state of full nudity or semi -nudity, as.. fioir I LIii _.
C. It is unlawful for any massage therapist, any patron, or any other person
present where massage therapy services are being offered or performed, to engage in
any specified sexual activities.
D. No person shall provide or offer to provide any massage therapy services
to a minor unless written permission is provided by the YIriIrC1Ir wYlYf p.iruirYs parent or legal
guardian.
E. No permittee .peirs .!Y ......shall provide or offer to provide massage therapy
services otheir.... thain.......under any n . e-not sPRG+4ed-4n-W;-PtbQ ogim ....of aimassagg
s
III .!i cps cs slsfiisll uirr cir csscssiiir cgiif" ' glid it assa �Il a u� stabliishir ent
permit.
F..... No purscri a1hgll p, rg iide cur offeir to provide iMassa c tIlu ur services
underiru ru i c iruc� �iif csf �Iluc i ns cgr iifica issued thim cur Ilh ur I
.ss .., s... loll u c LgPY......! Council.
1.
GF. pgrimillee -cr....M590 Fm 49 ....1F erirswttee....shall provide or offer any
alcoholic beverage to a patron during the course of providing or offering to provide
any massage therapy service.
HG. Gm.....No permittee shall transfer or assign any permit issued pursuant to
this chapter to another person or entity. Any attempted transfer shall result in the
automatic termination of said permit. (4r m 354 s IF, 2GG )
5.32.160 Permits issued pursuant to superceded ordinance.
A. ,32, ;0 Peiru ks ksued: pnwsruant tt�peir dd�: Grdin anc
PirovktP44fthe cp,, rgt pr of a....massage her . " stabliisllsimen t...held a permit validly
issued by the city prior to the effective date of this ordinance, and was in compliance
with all requirements of the city with respect thereto, said permit holders shall have
until the expiration date of said ......iistij..ir ......,permit, or one year from the effective date of
this chapter, whichever date is earlier, to obtain a permit issued pursuant to the
provisions of this chapter. ) rxm 454 § IF, 2GG )
E..... If a imassagg. UIhur piist Iheld a....p. grmit lid[ iss th city_p jp
effective....date ofthis ordinance, and was in compliance with ff....urggLjrmgr n s of the
sii ii�Ilu u s s� �Ilucu c ssii ai ii Ilucf a sllusff Ihave until dhe eXDiiration date of s i
22iistiirlg pffi it, cur one from the effective date cfsl uAer Whidheveir date its
rkgr, to obtain a purMiit issued....pgr5gg]t to Uhl . provisions of this dh pgr, if
gpp licabte, and a m ssa c sou �iif s � iiss�uc ICY tbg Mgs5992 IImP
5.32.170 Suspension and revocation of permit.
A massage therapist permit and any off -premises endorsement issued
pursuant to thp—G chel. aU .-Mo&4 M&s&a9P-44d4iGn-c-.Uhis dhaptPr, or any
predecessor oirdiRGReeto this shapj E, shall be revoked by the permit administrator
whom has issue ...m;4--if he or she receives notice that, after administrative
proceedings conducted in conformity with the city's Municipal Code, the city has made
any of the following findings or determinations with respect to the permittee:
A. The massage therapy bUSiRess gstgblishimeint or lrprc isi.on massagg
core ors it ices irisss. is conducted in a manner that does not comply with all
applicable laws, including but not limited to this chapter and the city's building, zoning
and health regulations.
B. The holder of the permit is convicted of any disqualifying conduct or is
required to register as a sex offender as set forth in California Penal Code Section 290;
C. The permittee fails to rimely-notify the permit administrator of any
update to the information contained in the p: rr rsit application that is required to keep
the information current;
D. Information contained in the approved application is inaccurate;
E. Any patron of the permittee contracts any communicable disease during
the course of any services offered by the permittee;
F. The holder of the permit, or any applicant therefor, refuses to allow
representatives of the city or permit administrator to inspect business records of the
permittee, or any premises utilized by the permittee for massage therapy services;
G. The permittee fails to comply with any of the provisions of this chapter;
or
H. The holder of the permit has ceased to meet any of the requirements for
issuance of the permit. )Gird, 454 § IF, s.GG )
:0 Appeals.
appealA. Any person aggrieved by a decision of the permit administrator may file
an
All p p . , knil kn«.. a
- '.�-
I' WWWWO6
The d' be
5.32.200 Exemptions.
The provisions of this chapter shall not apply to any of the following
;::c cf iiiriiciiul III �iilc ir.., c iiir III ::ucu icir c cf III �cuii cf III �iiu a :ciic
A. Any physician, surgeon, chiropractor, osteopath, or acupuncturist duly
licensed to practice their respective professions in the State of California, or any
nurse or physical therapist working under the supervision thereof, when engaging in
any massage therapy practice or activity within the scope of said license. Practical
nurses or other persons without qualifications as massage therapists or other persons
not duly licensed by the ,;ta :.@ sSI. I.c of California to practice pursuant to the
Medical Practice Act, whether or not employed by a physician, surgeon, chiropractor,
osteopath, or acupuncturist, may not perform or offer to perform massage therapy
without firstI..... w iruwir✓w�iai4�
s t.U...:".....t Ilil�l�
.......'.....'::...[.u..:..1 .[.....1!r........li..l!E..I ...Ir .:t.....o f this chapter.
B. Any treatment administered in good faith in any course of the practice of
any healing art or profession by any person licensed to practice any such art or
profession under the Business and Professions Code of the Sstate of California or any
other laws of the Sstate of California.
C. Barbers, beauticians, manicurists, and pedicurists who are duly licensed
under the laws of the .Sstate of California, except that this exemption shall apply solely
to the massaging of the scalp, face, neck, arms, hands, or feet of the customer or
client for cosmetic or beautifying purposes. ) F m 35 F, G )
D. Licensed employees of hospitals, nursing homes, sanatoriums, or other
health care facilities that are duly licensed by the State of California.
5.32.210 Transfer of permit.
No massage the r i—Uhlh r � l iii��permit or off -premises
endorsement shall be transferable and any attempted transfer shall render the permit
and endourseimeint it-Wll aired void. A chairu c cl lc��s�iciru cl irr��s �s c �Ilucu :�
establishment will requirg a ogyy mgaaggg-thffgpy establishiment r it.rruA l Gind.Veid.
)4r m 454 IF, 2 GGI).
5.32.220 Massage therapy establishment regulations.
No
G-4TGssG..
GR4R&PPGtiOR by th-...Gild m. isisi
following rc... rs°��... ogrg the Ihealth and safet cl all :)cursciru cudpgrg]
QpQrgting or r giintgiirjiog a ..ir ga5gd �Il u u d cs��sldlisll uirrrcir u� Asir ud/cu :�u crcidiir ud
mg s5gg uE ...s a s, in the Cut llloll sci ibh eadh of the....lcllc uiru a uu .irr� ants t
all to irmr s;--
A. A separate wash basin shall be provided for each portion of a
massage therapy establishment wherein massage services are performed for the
individual use of each person performing massage services. The basin shall be
provided with soap and hot and cold running water at all times and shall be located
within, or as close as practicable, to the area devoted to the performing of massage
services. In addition, there shall be provided at each wash basin, sanitary towels
placed in permanently installed dispensers.
m All walls, ceilings, floors, pools, showers, bathtubs, steam rooms,
and all other physical facilities for the establishment must be in good repair and
maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor
rooms, or steam or vapor cabinets, shower compartments, and toilet rooms shall be
thoroughly cleaned each day the business is in operation. Bathtubs shall be
thoroughly cleaned after each use.
CL. Lm Clean and sanitary towels and linens shall be provided for each
patron of the establishment or each patron receiving massage services. No common
use of towels or linens shall be permitted.
s..... N cssa 'c�p estab[li..sllsirrre.ints slhaU Ise...cpergtcrl in compliance with all
c u. Hcab[ laws and uc ru�iiir��l�u iiir� ..ssitho ut lii ita ion, the CaliforniaMassage
12 cp„ c 2rusiirrc cirrri 2ucicssicirr perlc cc icirr p6 0 et se . .
Eip. du47.....It shall be the responsibility of the holder of the massage their p„ y
establishment permit or.... chap ....the .eigi .ow p-r-� , , eIrscurs PUVG1rti1Rq to
MGS&G90p cscllisllsirrrcirr c,. cu ccu to 2insure that each person
�16s„ is�s...irrresssu
employed cur retained Iby the rrresscr..e estab[ishiment as a massage therapist has first
obtained a valid permit puf&uait is--c.suptpimassa cOrL' cc�c lu cirrr �Ilsc Npc cr u
1ucp„ peruirrcil irr c s iirr cciru„ li irrcc i Its Ilsc 3irorcisi.ons of this Cho tcur at all
times., (r m3.5-9r4..001)
up..2..2...2..2. s.s
itslll4teseurved
z....
ciri w .
m r s-a-go,.
c 14s..-i us.. ... . w
c U us
May h ..R .:
' i r... ....Gk. v � ...dPfro.. exp se-
pirernises preposed ..:to ..L....
-s :.. st lishi ....
u ,, .,svu�tpw...:� u:.. u:. 2mpuiasiu�t...a w ..
pir visirruss i4n4 4G-Its
..4W r iaiR
�.�ir s .�� .. � . � �� vs��. a s.�i ur � ia:f...
rur puws°r eats for
... .. -isllsr curt pcscirul...
lrrc-cticur ....of
ms: p
r.. eeir . sew r fcir hiclls...
usr.G& cs lilsp av a . r..p.:.........ps.v.r,.........pr.
.ur...........irvi 4:.........iliR--G
crruss . " .: . .. w�Gy
be it Gdilp s car by pcirscurs enteriusp the ....pre ...'s
.I .... ...the -MG SSG qbGIf �sc:,
.c.R:t....ias....grV
hire.... d ps rti u a ; , loss
dp rtment may, froiq.
c. ems..-iins - f Poch rna-ssG490 therGW
e4 l..
interests a ur -existing
r....... . s.si.s....vf...t.ps.c....p.v.i..pspi..i
or ....otheir.... p. .:.. -op b usiuscss of the mG&sGq-e-4iA&Wys cplisici
insp ctiivi isp..slh .qu-i•r c .i
... „. w �. u m M s th 2001).
5.32.240 Revocation and suspension of permits issued under prior Chapter 5.32.
The following provisions shall apply to massage therapists permits issued
prior to October 19, 2001 and to massage establishment permits r wv�
of ---- � u a incp i s sou e d pu�ioir tc _[I N S E R I EFFEUIVE CAA ICE OF MIS
S
ORDUs lNCE Gu a it s s to R°Uhiis r:llhaputef in this section mean this chap teir as it
existed priicur to such dnt s)::
A. A permit issued under authority of this chapter may be suspended for
violation of any of its provisions or for fraud or misrepresentation in the permit
application, but no permit shall be revoked until after a hearing has been held before
the city manager or his designee, to determine just cause for the revocation; provided
however the chief of police may order any permits suspended pending the hearing,
and it is unlawful for any person to carry on the business of a massage technician or
to operate a massage therapy establishment depending upon the particular type of
permit which has been suspended until the suspended permit has be reinstated by the
city manager. Notice of the hearing shall be given in writing and served at least five
days prior to the date of the hearing thereon. The notice shall state the ground of the
complaint against the holder of the permit, or against the business carried on by the
permittee at the massage establishment, and shall state the time and place where
the hearing will be had following the five day notice period.
B. The notice shall be served upon the permit holder in accordance with
Section 1,01, 00 of this code, bv d--i:toa�:�� :+ +� +k^ Harem �r kv IeGs+Trees +ka
- ; . ,
. ;
.,
5.32.250 Violation and penalty for permits issued under prior Chapter 5.32.
The following provisions shall apply to massage therapist permits issued
prior to October 19, 2001 and to .G --massage establishment permits issued urioir t
.:ICII'sSsd..1� ssss..1�:ICs �..1�s �":s ..1�d:ICS �":O:ICII'sII'ss.
ir�cirirur:c tc ?"tll�uu �:Il�usu :�irY' uiru
this section it can this dhap teir.... s it existed p Lii ur to such ates.)regnsdi!-ss r d P r
isssu i .:...:
A. Every person, except those persons which are specifically exempted by this
chapter, whether acting as an individual, owner, operator or employee of the operator,
or whether acting as a mere helper for the owner, employee or operator, or whether
acting as a participant or worker in anyway, who gives massages or conducts a
massage therapy establishment or room, or who gives or administers or who practices
the giving or administering of steam baths, electric light baths, electric tub baths,
shower baths, sponge baths vapor baths, fomentation, sun baths, mineral baths
alcohol rubs, Russian, Swedish, or Turkish baths, or any other type of baths, salt flows
or any type of therapy or who does or practices any of the other things or acts
mentioned in this chapter without first obtaining a permit to do so from the city or
violates any provision of this chapter shall be guilty of a misdemeanor.
B. Any owner, operator, manager, or permittee in charge or in control of a
massage therapy establishment who knowingly employs a person performing as a
massage technician as defined in this chapter who is not in possession of a valid
permit or who allows such an employee to perform, operate or practice within such a
place of business is guilty of a misdemeanor.
C. Any massage therapy establishment operated, conducted, or maintained
contrary to the provisions of this chapter shall be and is declared to be unlawful and a
public nuisance and the city attorney may, in addition to or in lieu of prosecuting a
criminal action under this chapter, commence an action or actions, proceeding or
proceedings, for the abatement, removal and enjoinment thereof, in the manner
provided by law; and may take such other steps and may apply to such court or courts
as may have jurisdiction to grant such relief as will abate or remove the massage
establishments and restrain and enjoin any person from operating, conducting or
maintaining a massage therapy establishment contrary to the provisions of this
chapter....) m 454 §...IF, 2 GG )
Chapter 5.38 PARKING ATTENDANTS
5.38.010 Definitions.
For purposes of this chapter, certain words and phrases shall be construed as set forth in this
section, unless it is apparent from the context that a different meaning is intended.
A. "Operator" means any person, firm or corporation engaging in the activity of parking of
vehicles for patrons or guests of a business whether the operator is employed by or is under
contract to, the business for which the vehicles are being parked.
B. "Public right-of-way" means any area dedicated to public use for public street, pedestrian
way or other public purposes, or which includes but is not limited to roadways, parkways,
alleys, sidewalks and pedestrian ways. (Ord. 10 § 1, 1982)
5.38.020 Permit reauired.
No person shall, as an "operator" as that term is defined in Section 5.38.010, conduct any
activity involving the movement of a vehicle by the operator on or over any public right-of-way
or publicly owned property, unless there has first been obtained from the city manager a
permit, as provided in this chapter, which permit is in full force and effect. (Ord. 10 § 1, 1982)
5.38.030 Operations on public rights -of -way or property.
No operator, unless possessing a permit expressly allowing them to be done, shall commit or do
any of the following acts:
A. Receive, take possession of (for purposes of parking or temporary storage until return of
same to the patron or guest) or move a patrons or guests vehicle, upon any portion of a public
right-of-way or other public property;
B. Park and leave standing any patrons or guests vehicle upon any portion of a public right-of-
way or other public property (including any publicly owned off-street parking space). (Ord. 10 §
1, 1982)
5.38.040 Unauthorized parking on private property.
No operator shall park any patrons or guests vehicle upon private property without express
authorization by the owner or other person in charge of the private property. (Ord. 10 § 1,
1982)
5.38.050 Application for permit.
An application for a permit pursuant to this chapter shall be filed with the city manager or his
designee. There shall be submitted such information as the city manager deems necessary in
order to evaluate and act upon the permit application. Each application shall include, in
general, at least the following basic information in writing: an outline of the method of
operating the vehicle -parking service including, but not limited to, the hours of operation, the
number of employees, the location(s) from which vehicles will be picked up, and to which they
will be delivered to the patrons or guests, the location(s) where vehicles will be stored or
placed, and the location(s) of any proposed signs and any proposed attendant stands. (Ord. 10
§ 1, 1982)
5.38.060 Fees.
Each applicant for a permit under this chapter, and each person filing any appeal pursuant to
provisions of this chapter, shall pay at the time of filing the application or appeal a processing
fee or fees in an amount or amounts as may have been established by resolution of the city
council. (Ord. 10 § 1, 1982)
5.38.070 Permits —Issuance —Denial.
Permits as applied for shall be issued by the city manager or his designee, provided it appears
that all requirements of this chapter and of other applicable ordinances and laws have been,
and will appropriately be, met fully by the applicant, and that the permit can be issued subject
to prescribed conditions adequate to assure that there will be no undue interference with
normal traffic flow on public rights -of -way, and otherwise to protect the public safety and other
persons' property rights and their rights to coequal use and enjoyment of public property. Any
permit application may be denied if the city manager concludes it cannot be issued subject to
such safeguards. (Ord. 10 § 1, 1982)
5.38.080 Permits —Issuance with conditions.
The issuance of any permit pursuant to this chapter shall, if appropriate, have conditions
attached thereto adequate to meet the public purposes referred to in Section 5.38.070, and the
city manager or his designee shall have discretionary authority to prescribe any such necessary
or appropriate conditions, including primary insurance coverage with city -approved coverage
amounts and with the city named as additionally insured.All
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5.38.090 Revocation or modification of permits.
A. Any permit granted pursuant to the provisions of this chapter may, after the permittee has
been a4erded the eppertuRity ef a due preeess hearing as stated in this , be revoked or
modified by the city manager for any of the following grounds or reasons:
1. Any acts done under the permit have interfered or tended to interfere with the normal
flow of vehicular or pedestrian traffic on any public right-of-way;
2. The permittee or permittee's employees have failed to comply with the provisions of the
city's sign ordinance, or with conditions attached to the permit relating to sign control;
3. There was given any false or fictitious information in connection with the application for
the obtaining of the permit;
4. There has been a violation of or a failure to comply with any condition attached to the
permit or any provision or regulation of this chapter or of any other applicable rules or
regulations;
5. The character or moral integrity of the permittee or permittee's employees is
determined inimical to the public safety or general welfare of the community;
6. Any other reason exists for which the permit might have been lawfully denied in the first
instance, or that for any reason the continued operations under the permit will be inimical to
the public safety or general welfare of the community.
B. Such a revocation or modification of a permit shall be made only after opportunity has been
granted to the permittee for a due process hearing before the city manager or his designated
agent pursuant to section 2.08.180 through 2.08.230 of this code. _�f+n�
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C. Upon the failure of the permittee to respond to the opportunity for hearing after issuance
of the v v . notice of the hearing, the permit may be revoked, or may be modified in such
particulars as are deemed necessary in the public interest, and any such revocation or
modification shall be effective upon notice or knowledge thereof being received by the
permittee pursuant to Section 1.01.300 of this code,
D. Any such revocation or modification of any permit may be in addition to any penalties
otherwise provided for by law. (Ord. 10 § 1, 1982)
5.38-100 Appeals.
Any person aggrieved by, dissatisfied with,� or excepting to any action, denial, order,
requirement, condition, permit, decision or determination made by the city manager or his
designee inadministering the provisions ofthis chapter may appea
to Sections 2.04.100 to 2.04.130 of this code. by filing
appeal and the relief seught, w;+'- the
WhiGh Upon any failure tofile the written appeal within the time allowed, the action
of the city manager or his/her designee shall be final and conclusive. A timely appeal shall be
NOTE: The provisions of this Chapter will be incorporated into Title 9 when that title is revised,
and this chapter will bedeleted.
Chapter 5.40 PASSENGER CARRIERS
•LOO
passengers in a vehicle or vehicles over the streets of the city, where the s
QLiginate from points within the city, whether any such vehicle used is a taxicab, motorbus,
limousine, automobile for hire, or other transportation vehicle with a driver for hire, unless the
person operating the business or a,pursuant to a franchise-Z—
agencyperrnjtorc���p pter shall QPDIV to any business
cqrrvinq r)assengers,,from,,a,,prin�;�q�,,pQint or points of originoutside, the city
journeys. This..cha omobiles or other vehicles
without drivers, nor to any passenger carrier operated by a public
agency -pursuant to press and specific permi -5—
B. Compliance with Sunline Regulations. All passenger carriers described in subsection A of
th'i's"'I's"elctio''In' chapter shall be subiect to and governed b any and all
ordinances, resolutions, reaulations, and oth r official actions taken bv the Sunline Transit
two California jpLint exercise of powers aq ncies to which
the ci� agencyJincluding but not rimited to any
and all ordin inces, resolut:ions regulat:ions, and official actions taken 1)ursuant to the
line Services Group to Regul ate Tax:icabs," as
amended from time to time, to which the city is a party of that implementation agreement. All
i5
addition to all other reguirements com ly with the franchise, license, permit, and contract
reguirements established by Sunline Transit A_qe.n.cy and...Suntine Services Group.
C. In the event that the city takes al action
Transit Age.ncy or Sun line Services..Group, or the city takes al action
party to the Implementation Agreement Authorizing the Sunline Services Group=jg=Rggg_1ate
Taxicabs, then all passenger carriers described in subsection A of this section and subject to
ai
and other official actions then in place by-- ____________gency-qnd Sunrine Services Group,
except that the city shall be the governing a, ,
manager, vn
pLovisions of the code in furtherance of allow for the city to continue to reau ate a assenaer carriers as described in this subsection
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5.40.020 Interference with drivers.
No driver of any taxicab, automobile for hire or motorbus shall permit more persons to
ride in the driver's compartment thereof than can be seated in the regular seats in the
compartment, or permit any person to sit on or stand at any place in or on the taxicab,
automobile for hire or motorbus where the person obstructs the driver's view of traffic
ahead or to either side. (Ord. 10 § 1, 1982)
..
5.40.03040 Refusal to pay fare.
It is unlawful for any person to refuse to pay the legal fare of any of the vehicles
mentioned in this chapter, after having hired them. (Ord. 10 § 1, 1982)
5.40.040&0 Charging of improper fare.
It is unlawful to charge, collect or receive any other or different compensation for the
use of the taxicab or automobile for hire than that specified in the tariff or schedule of
fares on file and at the time in effect. (Ord. 10 § 1, 1982)
Chapter 5.44 SECONDHAND DEALERS, PAWNBROKERS, AND LOAN
BROKERS
Delete this chapter. Move it into 5.72 (Misc. Business Regs) and refer to compliance
with state law.
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Chapter 5.48 PEDDLERS —SOLICITORS
5.48.010 Definitions.
A. "Peddler' means and includes any person who travels or goes from place to place
and peddles, hawks, vends or sells any goods, wares, merchandise medicines or
services carried or caused to be carried or conveyed by the person peddling, hawking,
vending or selling them.
B. "Solicitor" means and includes any person who travels or goes from place to place
selling, offering to sell or contracting to sell, for future delivery, at wholesale or retail,
any goods, wares merchandise or services within the city, except in those instances
where the solicitations are made to established businesses for stock -in -trade, resale,
fixtures or other business needs.
C. "Peddler' or "solicitor" also includes persons engaged in the above described
activities at any outdoor location not in conjunction with an established place of
business on the same premises within a building, or not as a part of the established
place of business in a building. (Ord. 10 § 1, 1982)
5.48.020 Peddling or soliciting —Permit required.
It is unlawful for any person to act as, or carry on the business of, a peddler or solicitor
at any place or places within the city, unless and until a permit so to do has been issued
by the city manager and is in full force and effect. (Ord. 10 § 1, 1982)
5.48.030 Application to peddle or solicit —Additional information.
Applicants for permits to commence, manage, engage in, maintain, conduct or carry on
the business described in Section 5.48.010, as peddler or solicitor, must furnish to the
city manager the following additional information:
A. Name —Description. Name and description of applicant;
B. Address. Permanent home address and full local address of applicant;
C. Kind of Business. A brief description of the nature of the business and the goods to
be sold;
D. Employer —Credentials. If employed, the name and address of the employer,
together with credentials establishing the exact relationship;
E. Duration of Permit. The length of time for which the right to do business is desired;
F. Source of Stock. The place where the goods or property proposed to be sold or
orders taken for the sale thereof, are manufactured or produced, where the goods or
products are located at the time the application is filed, and the proposed method of
delivery;
G. Photographs. Two photographs of applicant and two photographs of any vehicle
used in the peddling or solicitation, taken within sixty days immediately prior to the date
of filing application; Kind of Photograph. Pictures of applicant shall be two inches by two
inches showing the head and shoulders of the applicant in a clear and distinguishing
manner;
H. Fingerprints —Character References. The fingerprints of the applicant and the
names of at least two reliable property owners of the county who will certify as to the
applicant's good character and business respectability; or, in lieu of the names of
references, such other available evidence as to the good character and business
respectability of the applicant as will enable an investigator to properly evaluate the
character and business responsibility;
I. Criminal Record. A statement as to whether or not applicant has been convicted of
any crime, misdemeanor or violation of any municipal ordinance, other than Vehicle
Code violations, the nature of each offense and the punishment or penalty assessed
therefor. (Ord. 10 § 1, 1982)
5.48.040 Fee for investigation.
At the time of filing with the city manager any application for a peddler's or solicitor's
permit, the applicant shall, in order to qualify the application for filing, pay a fee in such
amount as may have been prescribed by resolution of the city council, to defray the
expense of investigation and processing. (Ord. 10 § 1, 1982)
5.48.050 Investigation of application.
Upon receipt of the original application, the city manager shall cause such investigation
of applicant's business and moral character to be made as s/he deems necessary for
the protection of the public good. (Ord. 10 § 1, 1982)
5.48.060 Denial of permit —Notice.
If, as a result of the investigation, applicant's character or business responsibility is
found to be unsatisfactory, the city manager shall endorse on the application his/her
disapproval and his/her reasons for it and shall notify applicant pursuant to section
1.01.300 of this code that his/her application is disapproved and that no permit will be
issued. (Ord. 10 § 1, 1982)
5.48.070 Appeal —Right to appeal.
Any person aggrieved by the action of the city manager in the denial of a permit shall
have the right of appeal to the city council pursuant to sections 2.04.100 through
2.04.130.
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5.48.080 Approval of application —Issuance of permit.
If as a result of investigation, the character and business responsibility of applicant are
found to be satisfactory, the city manager shall approve the application
, execute a permit addressed to applicant for carrying on the business applied
for, and deliver the hermit to the -applicant "#&p&r�. (Ord. 10 § 1, 1982)
5.48.090 Photographs.
To each such permit there shall be attached photographs of permittee and of any
vehicle used in the business, the photographs to be identical with those filed by
perm ittee with his/her application pursuant to Section 5.48.030G. (Ord. 10 § 1, 1982)
r
Chapter 5.52 PRIVATE PATROLS
Delete this chapter. Move it into 5.72 (Misc. Business Regs) and refer to compliance
with state law.
5.52.010 Definitions.
“Private patrol” means any person carrying on the business of night watchman, night
watch service, private policemen, homeowners’ associations private securityor gate
guardsor any other occupation, the purpose of which is to afford additional police or fire
protection to the public for hire or reward; provided, however, that nothing contained in
this chapter shall be deemed or construed to apply to private police protection incident
to the transportation for hire within the city of moneys, checks, and other written
instruments of persons, associations, firms and corporations, or to escorts of funeral
processions. (Ord. 10 § 1, 1982)
5.52.020 Permit required.
No person, either as owner, manager, employee, or otherwise, shall manage, conduct,
carry on or assist in the management, conducting or carrying on of the business of
private patrol unless under and by authority of a written permit from the city manager.
Such permits to manage, conduct, or carry on any such occupation shall be issued
upon the written application of any person for him/herself or on behalf of any corporation
or association of person, which application shall prescribe the boundaries of the district
over which the applicant desires to operate. The city manager must first satisfy
him/herself that the management, conducting or carrying on of the private patrol will
comport with the public welfare, and for this purpose may consider any facts or
evidence bearing on the moral fitness and reputation of those who will be in charge of
the private patrol, and any other facts or evidence tending to enlighten the city manager
in this respect. Persons aggrieved by the action of the city manager may appeal to the
city council. (Ord. 10 § 1, 1982)
5.52.030 Suspension,and revocation of permitand appeal.
When any permit has been issued under the terms of this chapter, it may be revoked at
any time thereafter by the city manager when satisfied that the management,
conducting or carrying on of the patrol does not or will not comport with the public
welfare for any reason, or that the private patrol has been conducted in an illegal or
improper manner. The city manager may make rules governing the management,
conducting or carrying on of the private patrols and may revoke or suspend permits
issued for the management or carrying on of any such occupation when the manager or
person or persons in charge thereof violates or permits any infractions of any such
rules, or any law of the state, or any provision of this code; provided, however, that the
city manager shall give notice of the revocation and the reasons for the revocation in
writing, .and the permittee shall be furnished with a copy of the reasons for the
revocation and shall be allowed a reasonable time for answering them in writing, and in
such manner the permittee may demand a hearing before the city council. Upon the
hearing being so demanded, unless an adjustment of the matter is then made by the
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Chapter 5.60 SALES
5.60.010 Definitions.
For the purpose of this chapter only, the following words and terms shall be deemed to
mean and be construed as follows:
A. "Advertise," "advertisement," "advertising," "publish," and "publication," mean any
and all means, whether oral, written, lettered or printed, used for conveying to the public
notice of the conduct of a sale as defined in this section, or notice of intention to conduct
the sale, including but not limited to oral or written announcements by proclamation or
outcry, newspaper advertisement, magazine advertisement, handbill, written or printed
notice, printed display, billboard display, poster, e-mail twitter Internet and other
electronic media. television and radio announcement.
B. "Inspector" means an inspector or investigator appointed by the city manager, or
means any city police officer.
C. "Permit" means a permit issued pursuant to this chapter.
D. "Permittee" means a person to whom a permit has been issued pursuant to this
chapter.
E. "Sale" means any sale of, or any offer to sell, to the public, or any group thereof,
goods, wares or merchandise on order, in transit or in stock, in connection with a
declared purpose as set forth by advertising that the sale is anticipatory to or to avoid
the termination, liquidation, revision, windup, discontinuance, removal, dissolution or
abandonment of the business or that portion of the business conducted at any location:
1. Stopping of Business. All sales advertised in any manner calculated to convey to
the public the belief that upon the disposal of the goods to be placed on sale, the
business or that portion thereof being conducted at any location will cease, be removed,
be interrupted, discontinued or changed; and
2. Names Used for Sales. All sales advertised to be "adjuster's sale," "assignee's
sale," "bankrupt sale," "benefit of administrator's sale," "benefit of creditors sale,"
"benefit of trustee's sale," "building coming down sale," "closing sale," "closing out sale,"
"creditor's committee sale," "creditors' sale," "damaged goods sale," "end sale,"
"execution sale," "final days sale," "fire sale," "forced out sale," "forced out of business
sale," "insolvent sale," "insurance salvage sale," "last days sale," "lease expires sale,"
"lease expiring sale," "liquidation sale," "loss of lease sale," "mortgage sale," "outselling
sale," "receiver's sale," "removal sale," "recognition sale," "salvage sale," "selling out
sale," "smoke sale," "smoke and water sale," "trustee's sale," "quitting business sale "
"wholesale closing out sale," "we quit sale," "we give up sale," "fixtures for sale," or
advertised by any other expression or characterization closely similar to any of the
foregoing and calculated to convey the same meaning; and
3. Business Failure. All sales advertised in a manner calculated to indicate that the
goods, wares or merchandise to be sold, or any part thereof, have been involved in any
business failure or have been derived from a business which has failed, been closed,
discontinued or liquidated; and
4. Vacation of Premises. All sales accompanied by notice or advertising indicating
that the premises are available for purchase or lease or are otherwise to be vacated;
and
5. Business Emergency or Failure. All sales accompanied by advertising indicating
a business emergency or failure affecting the seller or any previous holder of the goods
to be disposed of. (Ord. 10 § 17 1982)
5.60.020 Permit required.
No person, firm or corporation shall hereafter publish or conduct any sale of the type
defined in this chapter without first having obtained a permit from the city manager in
the manner provided in this chapter. (Ord. 10 § 1, 1982)
5.60.030 Agreement to abide by regulations.
Each permit issued under the provisions of this chapter shall have printed, written or
stamped on the face thereof the following-
" -This permit is granted by the City Manager of the City of La Quinta and accepted by
the permittee upon the condition that the said permittee comply with and abide by all the
provisions of Chapter 5.60 of the La Quinta Municipal Code." (Ord. 10 § 1, 1982)
5.60.040 Signing of agreement —Witnessing.
At the time of the delivery of the permit, the statement must be signed by the permittee
in the presence of an employee of the city who shall sign as a witness. (Ord. 10 § 1,
1982)
5.60.050 Condition of permit.
Any permit issued under the provisions of this chapter shall authorize the one type of
sale named in the application, at the place named therein, for a period of not more than
sixty calendar days, and shall permit the sale of goods only which are set out in the
application, all of which goods throughout the duration of the sale must be definitely
separated from any other goods displayed at or within the store or place of business;
and all advertising signs or notices referred to, or calling attention to the sale, must be
confined to the display or displays of goods involved in the sale. (Ord. 10 § 1, 1982)
5.60.060 Application for sale permit.
No permit to conduct a sale as defined in this chapter shall be granted except upon
written application to the city manager, filed and verified before a person authorized to
administer oaths, by the person who intends to conduct the sale, and each application
shall set forth and contain the following information:
A. Location. Description by street location and kind of building, of the location at which
the sale is to be held;
B. Occupancy —Tenancy. The nature of the occupancy, whether by ownership, lease
or sublease, and if by lease or sublease, the effective date of the termination of the
tenancy;
C. Advertising. A copy of all advertisements proposed to be used in connection with
the sale, and a statement of the means or methods of advertising to be used in
advertising the sale;
D. Reason for Sale. The facts in regard to the insurance, bankruptcy, insolvency,
assignment, mortgage, foreclosure, administration, receivership, trusteeship, removal,
executorship removal, or other cause advertised to be the reason for the proposed sale;
E. Inventory. An inventory or statement, in such form and in such detail as the city
manager may require, setting forth the amount and description of goods, wares or
merchandise to be sold at the sale and, when required by the city manager, the date of
acquisition of the goods, wares or merchandise and the persons from whom obtained,
and the place from which the goods were last taken. (Ord. 10 § 1, 1982)
5.60.070 Detailed description of goods.
The city manager may require that all goods, wares and merchandise listed upon the
inventory or statement shall be so described in detail by manufacturer's name and lot
number, the individual number of articles so numbered, colors, sizes and otherwise, that
the identity of the goods with the goods listed on the inventory can be readily
determined. (Ord. 10 § 1, 1982)
5.60.080 Filing fee.
No application for any permit pursuant to the provisions of this chapter shall be
accepted by or on behalf of the city manager unless the application is accompanied by
a filing fee in such amount as has been prescribed by resolution of the city council to
defray the expense of investigation and processing, no part of which fee shall be
refunded whether the application is granted or denied. (Ord. 10 § 1, 1982)
5.60.090 Investigation of applicant.
Upon the filing of the application with the city manager, the city manager may make or
cause to be made an examination, audit, or investigation of the applicant and his/her
affairs, in relation to the proposed sale. (Ord. 10 § 1, 1982)
5.60.100 Issuance or refusal of permit.
If the city manager finds that the statements in the application are true, that the
inventory is complete, that the advertising set forth is not false, fraudulent, deceptive or
misleading in any respect, and that the methods to be used by the applicant in
conducting the sale are not such as, in the opinion of the city manager, will work a fraud
upon the purchasers, the city manager shall issue to the applicant a permit to conduct
the sale in accordance with the provisions of this chapter; otherwise the city manager
shall deny the application and refuse the permit. (Ord. 10 § 17 1982)
5.60.110 Insufficiency of information.
The city manager may refuse a permit because of the insufficiency of the information
set forth in the application. (Ord. 10 § 1, 1982)
5.60.120 Amended application.
In case of refusal, the city manager shall grant the applicant permission to file an
amended application. (Ord. 10 § 1, 1982)
5.60.130 Hearing before denial.
No application shall be denied unless an opportunity for hearing has been given the
applicant before the city manager T +®� o i�® in ,fl,�a+i.^ �, ;1i 4 +„ +�®
through 2.08.230 of this code.
5.60.140 Renewal of permit —Application —Fee.
The city manager may, upon verified application therefor, renew the permit for a period
of not to exceed thirty days, upon the payment of a renewal fee in such amount as has
been prescribed by resolution of the city council, to defray the expense of investigation
and processing. (Ord. 10 § 1, 1982)
5.60.150 Form of application for renewal.
The verified application for renewal shall set forth a complete list of goods listed in the
original application and remaining unsold, and shall not contain any goods, wares or
merchandise not named in the original application. (Ord. 10 § 1, 1982)
5.60.160 Investigation —Renewal.
Upon receipt of the application for renewal, the city manager shall cause an
investigation to be made within five business days from the date of filing with the city
manager the application for renewal, and if satisfied of the truth of the statements
therein contained, the city manager shall grant the renewal, which shall be endorsed
and signed as provided for the original permit. (Ord. 10 § 1, 1982)
5.60.170 Second renewal.
The city manager may renew any original permit in the manner provided in this chapter,
not to exceed two times, upon payment of a fee for each such renewal, in such amount
as has been prescribed by resolution of the city council, to defray the expense of
investigation and processing. (Ord. 10 § 1, 1982)
5.60.180 Limit upon duration of sales.
The city manager shall not issue permits or renewals which will allow the conduct of any
sale or sales of any kind or kinds named in Section 5.60.010 at any one location for
more than one hundred twenty calendar days in any one twelve-month period. (Ord. 10
§ 1, 1982)
5.60.190 Power to revoke —Grounds.
The city manager shall have the power to revoke at any time any permit granted in
accordance with this chapter whenever any such sale or special sale is being conducted
in violation of any of the provisions of this chapter or in such manner as to deceive or
defraud the public, or if:
A. Further Grounds —Misstatement in Application. The holder of any such permit has
made any material misstatement in the application for the permit;
B. Fraud in Conduct of Sale. fHe has been guilty of any fraudulent practice, or
practices, in the conduct of the sale authorized by the permit;
C. Omissions in Inventory. fHe has failed to include in the inventory required by the
provisions of this chapter the goods, wares or merchandise required to be contained in
the inventory;
D. Addition of Goods. fHe has added, caused to be added, or permitted to be added
any goods, wares or merchandise not described in the original inventory; or
E. Improper Advertising. fHe has violated any of the provisions of this chapter or of
the laws pertaining to advertising. (Ord. 10 § 1, 1982)
5.60.200 Complaint prerequisite to revocation.
No permit shall be revoked for any cause enumerated in Section 5.60.190 until a written
complaint has first been filed with the city manager, setting forth in ordinary and concise
language the charge made against the perm ittee. (Ord. 10 § 1, 1982)
5.60.210 Verification —Form of complaint.
The complaint shall be verified by the oath of the person making the charge, the
verification to be made in the form prescribed by the Code of Civil Procedure of the
state for verified pleadings in civil actions. (Ord. 10 § 1, 1982)
5.60.220 Service of complaint —Notice of hearing.
Service of the complaint and notice of hearing shall be in the manner provided in
Section 1.01.300 of this cod . (Ord. 10 § 1, 1982)
5.60.230 Scope of permit —Unlawful changes.
Any permit issued pursuant to the provisions of this chapter shall be valid only for the
advertising, representation and sale of the particular goods, wares or merchandise
described in the original application therefor, and at the particular time, and particular
place stated therein, and by the particular applicant; and any renewal, replenishment or
substitution of such goods, wares or merchandise, or change of the time or place for the
sale, or change of person conducting the sale, is unlawful and shall render the permit
void. (Ord. 10 § 17 1982)
5.60.240 Ordering goods for sale.
No person in contemplation of conducting any such sale or special sale, or during the
continuance of such a sale, shall order any goods, wares or merchandise for the
purpose of selling them at the sale. (Ord. 10 § 1, 1982)
5.60.250 Presumption from purchase near time of sale.
Any unusual purchase, or additions to the stock of such goods, wares or merchandise,
within sixty days before the filing of the application for a permit to conduct such a sale
shall be presumptive evidence that the purchase or additions were made in
contemplation of the sale for the purpose of selling them at the sale. (Ord. 10 § 1, 1982)
5.60.260 Separate offenses.
Each sale of goods, wares or merchandise as were not inventoried and described in the
original application shall constitute a separate offense under this chapter. (Ord. 10 § 1,
1982)
5.60.270 Rules governing sales and advertising.
The city manager may provide such rules and regulations for the conduct and
advertisement of the sale or special sale as, in his/her opinion, will serve to prevent
deception and to protect the public. (Ord. 10 § 1, 1982)
5.60.280 Loss of identity.
Any removal of any goods, wares or merchandise inventoried and described in the
original application form from the place of sale mentioned in the application shall cause
the goods to lose their identity as the stock of any of the sales defined in this chapter;
and no permit thereafter will be issued for the conducting of a sale of any such goods,
wares or merchandise in such manner as to identify them with the store, store name,
store owner or location referred to in the original application. (Ord. 10 § 17 1982)
5.60.290 Posting of permit.
Upon, coincident and throughout the duration of any sale, as defined in this chapter, the
permit issued by the city manager shall be prominently displayed near the entrance to
the premises. (Ord. 10 § 1, 1982)
5.60.300 Copies of application and stock list.
A duplicate original of the application and stock list pursuant to which the permit was
issued shall at all times be available to the city manager, or to his/her inspector and
investigators, to examine all merchandise in the premises for comparison with the stock
list. (Ord. 10 § 1, 1982)
5.60.310 Records of permittee.
Suitable books and records shall be kept by the permittee and shall at all times be
available to the inspector and investigators. (Ord. 10 § 1, 1982)
5.60.320 Daily revision of stock list.
At the close of business each day the permittee's copy of the stock list attached to the
application shall be revised and those items disposed of during the day shall be so
marked thereon. (Ord. 10 § 1, 1982)
5.60.330 Exemptions.
The provisions of this chapter shall not apply to or affect the following persons:
A. Judicial Sales. Persons acting pursuant to an order or process of a court of
competent jurisdiction;
B. Official Sales. Persons acting in accordance with their powers and duties as public
officers such as sheriffs and marshals;
C. Auctions. Duly licensed auctioneers, selling at auction;
D. Publisher of Advertising. Any publisher of a newspaper, magazine or other
publication, who publishes any such advertisement in good faith, without knowledge of
its false, deceptive or misleading character, or without knowledge that the provisions of
this chapter have not been complied with;
E. Season, Clearance Sales. End of season sales and clearance sales not included
within Section 5.60.010E. (Ord. 10 § 1, 1982)
5.60.340 Appeals.
Any person aggrieved by any decision of the city manager with respect to denial or
issuance of any permit, conditions attached thereto, or any other administrative action
taken pursuant to the terms of this chapter, may appeal to the city council pursuant to
Section 2.04.100 through 2.04.130 ppea it....
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NOTE: The provisions of this Chapter will be incorporated into Title 9 as requiring a
TUP, when Title 9 is revised. This Chapter will then be deleted.
Chapter 5.72 MISCELLANEOUS BUSINESSES REGULATED
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amended from time to time.
5.72.050 Violation of Municipal code.
In addition to noncomr) once or violation of state aw, any failure to co-mPly or
shall be a violation of this code and, in addition tg-an_y
available to the city, shall be a Qublic nuisgncg==gub'Lect to remedial action in
accordance with ap licable low.
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Chapter 5.80 SEXUALLY ORIENTED BUSINESSES
5.80.010 Purpose.
The purpose of this chapter is to regulate sexually oriented businesses which, because
of their very nature, are believed to have many of the recognized significant secondary
effects on the community which include, but are not limited to: depreciated property
values and increased vacancies in residential and commercial areas in the vicinity of the
sexually oriented businesses; higher crime rates, noise, debris or vandalism in the
vicinity of sexually oriented businesses; and blighting conditions such as low-level
maintenance of commercial premises and parking lots which thereby have a deleterious
effect upon adjacent areas. Reasonable and uniform regulation of these uses is
necessary to insure that these adverse effects will not contribute to the blighting or
downgrading of the neighborhoods in the vicinity of the sexually oriented businesses. It
is neither the intent, nor effect of this chapter to impose limitations or restrictions on the
content of any communicative material. Similarly, it is neither the intent, nor effect of this
chapter to restrict or deny access by adults to sexually oriented materials or
merchandise protected by the First Amendment, or to deny access by the distributors of
sexually oriented business to their intended market.
Nothing in this chapter is intended to authorize, legalize or permit the establishment,
operation or maintenance of any business, building or use which violates any city
ordinance or any statute of the state of California regarding public nuisances, unlawful
exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or
public display thereof. (Ord. 270 § 2, 1995)
5.80.020 Definitions.
As used in this chapter:
"Employee" means a person over eighteen years of age who renders any service, or
performs in connection with the operation of a sexually oriented business, either on site
or off site, irrespective of whether said person is paid a salary, wage, or other
compensation by the operator of the business or patrons.
"Escort" means a person who, for any form of consideration, agrees or offers to act as a
companion, guide or date for another person, for sexual purpose, or who agrees or
offers to privately model lingerie or to privately perform a striptease for another person.
"Escort agency" means a person or business association who furnishes, offers to
furnish or advertises to furnish escorts as one of its primary business purposes for a
fee, tip, or other consideration.
"Establishment" means and includes any of the following:
1. The opening or commencement of any such business as a new business;
2. The conversion of an existing business, whether or not a sexually oriented
business, to any of the sexually oriented businesses defined in this chapter;
3. The addition of any of the sexually oriented businesses defined in this chapter to
any other existing sexually oriented business or to an existing non-sexuall�< oriented
business;
4. The relocation of any such sexually oriented business; or
5. The substantial enlargement of any such sexually oriented business by an
increase of the floor area occupied by the business of more than fifteen percent.
"Live art class" means any premises on which all of the following occur: there is
conducted a program of instruction involving the drawing, photographing or sculpting of
live models exposing specified anatomical parts; instruction is offered in a series of at
least two classes; the instruction is offered indoors; an instructor is present in the
classroom while any participants are present; and preregistration is required at least
twenty-four hours in advance of participation in the class.
"Operator' means and includes the owner, permit holder, custodian, manager, operator
or person in charge of any permitted or licensed premises.
"Permittee" means the person to whom a permit has been issued pursuant to this
chapter.
"Sexually oriented arcade" means any business establishment or concern, where, for
any form of consideration including, but is not limited to cash in the form of paper bills,
coins or slugs, which are operated manually or electronically controlled still, motion
picture or video machines, projectors, or other image -producing devices are maintained
to display images to an individual in individual viewing areas when those images are
distinguished or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical parts.
"Sexually oriented bookstore," "sexually oriented novelty store" and "sexually oriented
video store" mean any establishment, which as a regular and substantial course of
conduct, displays and/or distributes sexually oriented merchandise, books, periodicals,
magazines, photographs, drawings, sculptures, motion pictures, videos, slides, films, or
other written, oral or visual representations which are distinguished or characterized by
an emphasis on matter depicting, describing or relating to specified sexual activities or
specified anatomical parts. (See "sexually oriented business" for definition of regular
and substantial portion of its business.) The term "sexually oriented bookstore" shall be
deemed to be inclusive of the terms "sexually oriented novelty store" and "sexually
oriented video store."
Sexually Oriented Business. 1. "Sexually oriented business" means any business
establishment or concern which as a regular and substantial course of conduct performs
as a sexually oriented bookstore, sexually oriented theater, sexually oriented arcade,
sexually oriented cabaret, escort, escort agency, stripper, sexually oriented model
studio or sexually oriented hotel/motel; any business establishment or concern which as
a regular and substantial course of conduct sells or distributes sexually oriented
merchandise or sexually oriented material; or any other business establishment or
concern which as a regular and substantial course of conducts offers to its patrons
products, merchandise, services or entertainment characterized by an emphasis on
matters depicting, describing or relating to specified sexual activities or specified
anatomical parts. "Sexually oriented business" does not include those uses or activities,
the regulation of which is preempted by state law. "Sexually oriented business" shall
also include any business establishment or concern which, as a regular and substantial
course of conduct provides or allows sexually oriented entertainers, models, actors,
actresses or employees to appear in any place in attire which does not opaquely cover
specified anatomical parts. For the purposes of this section, a business establishment
or concern has established the provision of products, merchandise, services or
entertainment characterized by an emphasis on matters depicting, describing or relating
to specified sexual activities or specified anatomical parts as a regular and substantial
course of conduct when one or more of the following conditions exist:
a. The area devoted to sexually oriented merchandise and/or sexually oriented
material exceeds more than thirty-three percent of the total display or floor space area
open to the public-
b. The business establishment or concern obtains a significant or substantial
portion of its revenues from the sale, rental or lease of entertainment, material or
merchandise characterized by an emphasis on matter depicting, describing or relating
to specified sexual activities or specified anatomical parts or advertises the availability
of the same;
c. The regular and substantial course of conduct of the business consists of or
involves the sale, trade, display, advertisement or presentation of services, products or
entertainment which are characterized by an emphasis on matter depicting, describing
or relating to specified sexual activities or specified anatomical parts;
d. An establishment may have other significant and substantial business
purposes that do not involve the offering for sale, rental or viewing of materials,
depicting or describing specified sexual activities or specified anatomical areas, and still
be categorized as a sexually oriented business . Such other business
purposes will not serve to exempt such establishments from being categorized as a
sexually oriented bookstore, so long as one of its significant or substantial business
purposes is offering for sale or rental, for some form of consideration, the specified
materials which depict or describe specified anatomical areas or specified sexual
activities.
2. The definition of "sexually oriented business" shall not include an establishment
where a medical practitioner, psychologist, psychiatrist, or similar professional person
licensed by the state engages in medically approved and recognized sexual therapy.
"Sexually oriented cabaret" means a nightclub, bar, lounge, restaurant or similar
establishment or concern which features as a regular and substantial course of conduct,
any type of live entertainment, films, motion pictures, videos, slides, other photographic
reproductions, or other oral, written or visual representations which are characterized by
an emphasis on matter depicting, describing or relating to specified sexual activities or
specified anatomical parts.
"Sexually oriented entertainer" means a person who for any form of consideration or
gratuity performs or appears in performances which are characterized by the emphasis
on specified anatomical areas or specified sexual activities.
"Sexually oriented hotel/motel" means a motel, hotel or similar commercial
establishment which (1) offers public accommodations, for any form of consideration,
which provides patrons with closed-circuit television transmissions, films, motion
pictures, videocassettes, slides or other photographic reproductions which are
characterized by the depiction or description of "specified sexual activities or specified
anatomical areas" and which advertises the availability of this sexually oriented type of
material by means of a sign visible from the public right-of-way, or by means of any off -
premises advertising including, but not limited to, newspapers, magazines, pamphlets or
leaflets, radio or television social media or other electronic means; or (2) offers a
sleeping room for rent for a period of time less than ten hours; or (3) allows a tenant or
occupant to sub -rent or let others use the sleeping room for a time period of less than
ten hours.
"Sexually oriented material" means any element of sexually oriented merchandise, or
any book, periodical, magazine, photograph, drawing, sculpture, motion picture film,
video, or other written, oral or visual representation which, for purposes of sexual
arousal, provides depictions which are characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities or specified anatomical
parts.
"Sexually oriented merchandise" means sexually oriented implements and
paraphernalia, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators,
edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices,
simulated and battery operated vaginas, and similar sexually oriented devices which are
designed or marketed primarily for the stimulation of human genital organs or sado-
masochistic activity.
"Sexually oriented model studio" means any premises where there is furnished,
provided or procured a figure model or models who pose in any manner which is
characterized by its emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical parts where such model(s) is being observed or
viewed by any person for the purpose of being sketched, painted, drawn, sculptured,
photographed, filmed or videotaped for a fee, or any other thing of value, as a
consideration, compensation, or gratuity for the right or opportunity to so observe the
model or remain on the premises. Sexually oriented model studio shall not include any
live art class or any studio or classroom which is operated by any public agency, or any
private educational institution authorized to issue and confer a diploma or degree under
Section 94300 et seq. of the Education Code.
"Sexually oriented theater" means a business establishment or concern which regularly
features live entertainment, motion pictures, videos, slide photographs, or other pictures
or visual reproductions which are distinguished or characterized by their emphasis on
matter depicting, describing or relating to specified sexual activities or specified
anatomical parts.
"Specified anatomical parts" means:
1. Less than completely and opaquely covered human genitals, pubic region,
buttocks, or female breast below a point immediately above the top of the areola; or
2. Human male genitals in a discernibly turgid state, even if completely and
opaquely covered.
"Specified criminal acts" mean acts which are sexual crimes against children, sexual
abuse, rape, crimes connected with another sexually oriented business including, but
not limited to, distribution of obscenity or material harmful to minors, prostitution,
pandering, or distribution or sale of illegal drugs.
"Specified sexual activities" means:
1. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral
anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation
or torture in the context of a sexual relationship, or the use of excretory function in the
context of a sexual relationship, any of the following depicted sexually oriented acts or
conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia,
pederasty, pedophilia, piquerism, sapphism, zooerastia; or
2. Clearly depicted human genitals in a state of sexual stimulation, arousal or
tumescence; or
3. Use of human or animal ejaculation, sodomy, oral copulation, coitus or
masturbation; or
4. Fondling or touching of nude human genitals, pubic region, buttocks or female
breast; or
5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or
6. Erotic or lewd touching, fondling or other sexually oriented contact with an animal
by a human being; or
7. Human excretion, urination, menstruation, vaginal or anal irrigation;
or
8. Striptease; the removal of clothing to the point where specified anatomical parts
are not opaquely covered or are minimally covered with devices commonly referred to
as pasties and G strings, or equivalent clothing.
"Transfer" of a sexually oriented business means and includes any of the following:
1. The sale, lease or sublease of the business;
2. The transfer of securities which constitute a controlling interest in the business,
whether by sale, exchange or similar means; or
3. The establishment of a trust, gift or other similar legal devise which transfers
ownership or control of the business, except for transfer by bequest or other operation
of law upon the death of a person possessing the ownership or control. (Ord. 270 § 27
1995)
5.80.025 Permit required.
Prior to the establishment or transfer of a sexually oriented business, the owner of the
business shall obtain both a sexually oriented business permit and a business license
from the city. It is unlawful for any person, association, partnership or corporation to
engage in, conduct, carry on, or to permit to be engaged in, conducted or carried on, in
or upon any premises within the city, the business of a sexually oriented business, or be
engaged as a sexually oriented entertainer, as defined in this chapter, without
possessing a permit issued pursuant to the provisions of this chapter for each and every
separate office or place of business conducted by the above. The permit fee required by
this chapter shall be in addition to any other license, permit or fee required under any of
the provisions of this code.
Neither the filing of an application for the permit, nor payment of any other license,
permit or fee required under any other provision of this code, shall authorize the
engaging in, conducting or carrying on of a sexually oriented business, or as a sexually
oriented entertainer. (Ord. 270 § 2, 1995)
5.80.030 Application requirements.
The property owner, or authorized agent of the property owner, is eligible to request a
sexually oriented business permit. The application fee for any sexually oriented
business permit shall be eight hundred thirty-five dollars and is nonrefundable and shall
be used to defray the cost of investigation, processing and hearing as set forth herein.
The application fee for a sexually oriented entertainer permit shall be one hundred
dollars. The fees set forth herein shall be in effect until the city council shall by
resolution fix some other rate based upon a cost factor.
All permits shall expire one year from the date of issuance. Applications for renewal of a
permit shall be made thirty days prior to the expiration date. The renewal application fee
for a sexually oriented business permit shall be one hundred dollars. The renewal
application fee for a sexually oriented entertainer shall be twenty-five dollars. Said
renewal application fees are nonrefundable and shall be used to defray the cost of
investigation and processing the renewal applications. The fees set forth herein shall be
in effect until the city council shall by resolution fix some other rate based upon a cost
factor.
The following information is required at the time a sexually oriented business permit is
submitted to the planning department:
A. A completed sexually oriented business permit application specifying the single type
of sexually oriented business permitted and signed by the property owner or authorized
representative;
B. The nonrefundable deposit or fee as set forth by ordinance or resolution of the city
council.
C. Any person, association, partnership or corporation desiring to obtain a business
license tax certificate and a permit for a sexually oriented business shall make an
application, under oath, to the city manager upon a form provided by the city manager.
If the applicant is a corporation, the requirement to provide the application information
applies to each of the officers, directors and/or stockholders owning not less than ten
present of the stock of the corporation. If the applicant is a partnership, this requirement
applies to each of the partners, including limited partners. The application shall contain
the following
1. The name, including any aliases, current permanent residential address, e®mail
address, and telephone number of the applicant;
2. The business name, proposed business address of the sexually oriented
business, website address and its telephone number;
a. If the applicant is a corporation, the name shall be exactly as set forth in its
articles of incorporation and it shall provide a copy of its articles of incorporation. The
applicant shall show the name and residence address of each of the officers, directors
and each stockholder owning ten percent, or greater, of the stock of the corporation and
the address of the corporation itself, if different than the address of the sexually oriented
business. The application shall show that the corporation is in good standing under the
laws of California,
b. If the applicant is a partnership, the application shall provide a copy of the
partnership agreement and show the name and residence address of each of the
partners including limited partners and the address of the partnership itself, if different
than the address of the sexually oriented business;
3. The name and permanent address of the owner of the property upon which the
applicant intends to locate the sexually oriented business. If the property owner is a
corporation, the name shall be exactly as set forth in its articles of incorporation and the
applicant shall show the name and residence address of each of the officers, directors
and stockholders owning ten percent or greater of the stock of the corporation. If the
property owner is a partnership, the application shall show the name and residence
address of each of its partners, including limited partners;
4. In the event the applicant is not the owner of record of the real property upon
which the sexually oriented business is or will be located, the application must be
accompanied by a notarized statement from the owner of record of the real property
acknowledging that a sexually oriented business is or will be located on the property. In
addition, the applicant must furnish a copy of the lease or rental agreement pertaining to
the premises in which the sexually oriented business will be located;
5. The days , hours and location where the sexually oriented business is proposed
to be conducted, and the admission fee, if any, to be charged;
6. The name(s) of person(s) having the management or supervision of the
applicant's business;
7. Whether or not the applicant has been convicted of a specified criminal act within
the last three years, the nature of such offense, the date of conviction, place convicted
and the sentence received therefor;
8. Whether or not the applicant has ever had any similar license or permit issued by
an &uG4 agency revoked or suspended, or has had any professional or vocational
license or permit revoked or suspended, and the reasons therefor, and the business
activity or occupation subsequent to such action of suspension or revocation.
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9. Driver's license or other acceptable identification and social security number of
the applicant.
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10. Acceptable written proof that the applicant is at least eighteen years of age.
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11. The height, weight, color of eyes, color of hair and date of birth of the applicant.
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12. The business, occupation or employment history of the applicant for the last five-
year period immediately preceding the date of the filing of the application.
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13. Each residence and business address of the applicant for the five-year period
immediately preceding the date of the filing of the application. if th®
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14. One front -faced portrait photograph of the applicant at least two inches by two
inches in size shall be taken by the city police. if the appl;�n+
9
15. A detailed description of the proposed entertainment, including type of
entertainment, number of persons engaged in the entertainment and any further
information about the entertainment or entertainers, as the city manager may deem
necessary-,
16. The name and address of any other sexually oriented business owned or
operated by any person whose name is required to be given in subsection C of this
section-,
17. A description of any other business to be operated on the same premises or on
adjoining premises owned or controlled by the applicant. ifthe iPnn+ 'o
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18. Authorization for the city, its agents and employees to seek information and
conduct an investigation into the truth of the statements set forth in the application and
the qualifications of the applicant for the permit;
19. Such other identification and information necessary to discover the truth of the
matters required to be set forth in the application;
20. Applicant must furnish for any person whose name is required to be given in
subsection (C)(6) of this section the information requested by subsections (C)(1), (9)—
(14)7 (16)7 (18) and (19) of this section;
21. A sketch or diagram showing the configuration of the premises, including a
statement of total floor space occupied by the business. The sketch or diagram need
not be professionally prepared, but it must be drawn to a designated scale or drawn with
marked dimensions of the interior of the premises to an accuracy of plus or minus six
inches;
22. A current certificate and straight-line drawing prepared within thirty days prior to
application by a California registered land surveyor depicting the property lines and the
structures containing any established existing uses regulated by this chapter within one
thousand five hundred feet of the property to be certified; the property lines of any
established religious institution/synagogue, school, public park, recreation area, public
building, family -oriented restaurant, business involving an on -premises sale of liquor or
alcoholic beverages, or area zoned R-17 R-27 PR, PC, PI or C-1 within one thousand
five hundred feet of the property. For the purpose of this section, a use shall be
considered existing or established if it is in existence at the time an application is
submitted.
D. The holder of the permit for a sexually oriented business shall notify the city's code
compliance department of each change in any of the data required to be furnished by
this section within ten days after such change occurs. (Ord. 270 § 2, 1995)
5.80.050 Investigation and application.
A. Upon receipt of an application properly filed with the city and upon payment of the
nonrefundable application fee, the city or its designee shall immediately stamp the
application as received subject to the provisions of Section 5.80.030. The person
receiving the application shall immediately thereafter send photocopies of the
application to the Riverside County sheriffs department and any other city agencies
responsible for enforcement of health, fire, and building codes and laws. Each
department or agency shall promptly conduct an investigation of the applicant,
application and the proposed sexually oriented business in accordance with its
responsibilities under law and as set forth in this chapter. The investigation shall be
completed within twenty days of receipt of the application by the city or its designee. At
the conclusion of its investigation, each department or agency shall indicate on the
photocopy of the application its approval or disapproval of the application, date it, sign it,
and, in the event it disapproves, state the reasons therefor. The sheriffs department
shall only be required to check local and state summary criminal history information,
including NCIC, and certify whether disqualifying criminal history has been discovered.
The sheriffs department shall not be required to approve or disapprove applications.
For this purpose, the sheriffs department is specifically authorized by the city council
pursuant to California Penal Code Sections 11105 and 13300 to obtain such information
as relates to disqualifying criminal convictions for licensing purposes, as specified in
Section 120.05(C)(1)(j) and to disclose so much of the information obtained to the city's
designee as directly relates to such disqualifying criminal history, for such appropriate
action as is required based upon such specific criminal conduct applicable to the subject
applicant. No information shall be relayed relating to a criminal arrest not resulting in
conviction, or to a criminal arrest for which pretrial or post -trial diversion has been
ordered.
B. A department or agency shall disapprove an application if it finds that the proposed
sexually oriented business will be in violation of any provision of any statute, code,
ordinance, regulation or other law in effect in the city. After its indication of approval or
disapproval, each department or agency shall immediately return the photocopy of the
application to the city or its designee. (Ord. 270 § 2, 1995)
5.80.060 Findings —Requirements.
The city p!---;-- shall issue a sexually oriented business permit within the later
of forty days of receipt of a completed application or ten days from receipt of the
complete investigation report in Section 5.80.050 if it finds that:
A. The sexually oriented business shall be located in the city's SOB overlay zone
zoning districts.*
* The distance of separation required by subsections B through F of this section shall
be made by using a straight line, without regard to intervening structures or objects,
from the nearest external structural wall of the proposed sexually oriented business to
the nearest property line of the lot upon which is located a residential use, religious
institution, park, recreation area, public building, family -oriented restaurant or school.
The measurement taken when the proposed use is located on the same lot as an
already existing sexually oriented business, shall be the distance between the two shall
be measured in a straight line between the nearest external structural walls of each use
without regard to intervening structures or objects. No request for subdivision,
reparcelization or lot line adjustment shall be approved where the primary purpose is to
avoid the intent of these distance requirements.
B. The sexually oriented business shall not be located within seven hundred fifty feet
of any residential zone.
C. The sexually oriented business shall not be located within one thousand five
hundred feet of a school. "School" means institutions for teaching or caring for minor
children, e.g., child care facilities, preschool, day schools, elementary schools,
secondary schools, high schools; and institutions of higher learning receiving approved
graduates of preparatory school, and offering instructions in art, letters and science,
leading to the bachelor's degree or master's degree (e.g., colleges and universities).
D. The sexually oriented business shall not be located within one thousand five
hundred feet of any lot upon which there is properly located a public park, recreation
area or public building; nor within one thousand feet of any lot used by a religious
institution for religious activities.
E. The sexually oriented business shall not be located within seven hundred fifty feet
of any other sexually oriented business including sexually oriented businesses located
on the same parcel. In no event may more than one sexually oriented business be
located in the same structure.
F. The sexually oriented business shall not be located within seven hundred fifty feet of
any business involving on -premises sale of liquor or alcoholic beverages, nor shall it be
located within seven hundred fifty feet of a family -oriented restaurant. (A "family -
oriented restaurant" means any restaurant which provides specific inducement to
encourage attendance by children such as: play equipment, promotional toy items,
child's menu separate from regular menu.)
G. The sexually oriented business shall not be located within any structure for which a
part is within one hundred feet of the ultimate right-of-way of a major, primary or
secondary thoroughfare as defined in the general plan of the city. For the purpose of
this chapter, a property fronts on such a road if the property and any portion of the right-
of-way for the road have a contiguous boundary.
H. The parking requirements for sexually oriented businesses shall be as follows:
1. Bookstores and retail establishments: One parking space per three hundred
square feet of gross floor area;
2. Theaters: One parking space per three seats, if seats are fixed, or one parking
space per twenty-four square feet of gross floor area;
3. Cabarets: One parking space per three seats, if seats are fixed, or one parking
space per thirty-five square feet of gross floor area;
4. Motion picture arcade: One parking space per individual viewing area plus one
parking space per employee;
5. Motel/hotel: One parking space per guest room for first fifty rooms; three-quarters
parking space per guest room thereafter.
I. The sexually oriented business shall not be located completely or partially within any
mobile structure or pushcart.
J. The sexually oriented business shall not stage any special events, promotions,
festivals, concerts or similar events which would increase the demand for parking
beyond the approved number of spaces for the particular use.
K. The sexually oriented business shall provide a security system that visually records
and monitors all parking lot areas. All indoor areas of the sexually oriented business
which are accessible to the public shall be open to public view at all times with the
exception of restroom facilities. "Accessible to the public" shall include but not be limited
to those areas which are only accessible to members of the public who pay a fee and/or
join a private club or organization.
L. The sexually oriented business complies with the city's sign regulations.
M. The sexually oriented business complies with the development and design
requirements of the zone in which it is to be located.
N. The sexually oriented business shall not display any sexually oriented material or
sexually oriented merchandise which would be visible from any location other than from
within the sexually oriented business.
O. The sexually oriented business shall not allow admittance to any person under the
age of eighteen if no liquor is served, or under the age of twenty-one if liquor is served.
P. With the exclusion of sexually oriented hotels, the sexually oriented business shall
not operate between the hours of one a.m. and nine a.m.
Q. The applicant shall not have been convicted of a crime relating to a specified
criminal act for which:
1. Less than two years have elapsed since the date of conviction or the date of
release from confinement, whichever is the later date, if the conviction is of a
misdemeanor offense for "specified criminal acts";
2. Less than five years have elapsed since the date of conviction or the date of
release from confinement, whichever is the later date, if the conviction is of a felony
offense for "specified criminal acts";
3. Less than five years have elapsed since the date of conviction or the date of
release from confinement, whichever is the later date, if the convictions are of two or
more misdemeanors for "specified criminal acts" occurring within any twenty -four -month
period;
4. The fact that a conviction is being appealed shall have no effect on
disqualification of the applicant;
5. An applicant who has been convicted of the above may qualify for a sexually
oriented business permit only when the time period required above in this section has
elapsed.
R. The sexually oriented business shall provide separate restroom facilities for male
and female patrons. The restrooms shall be free from sexually oriented materials and
sexually oriented merchandise. Only one person shall be allowed in the restroom at any
time, unless otherwise required by law, in which case the sexually oriented business
shall employ a restroom attendant of the same sex as the restroom users who shall be
present in the restroom during operating hours. The attendant shall prevent any
person(s) from engaging in any specified sexual activities within the restroom and shall
ensure that no person of the opposite sex is permitted in the restroom.
S. The interior of the sexually oriented business which has individual viewing areas,
shall be configured such that there is unobstructed view using the naked eye, unaided
by any other devices, of every public area of the premises, including but not limited to
the interior of all individual viewing areas, from a permanent security station physically
demarked in the establishment which is no larger than thirty-two square feet of floor
area with no single dimension being greater than eight feet in a public portion of the
establishment. No public area, including but not limited to the interior of any individual
viewing area, shall be obscured by any door, curtain, wall, two-way mirror or other
device which would prohibit a person from seeing into the interior of the individual
viewing area from the manager's station. A security guard shall be stationed in the
security station at all times the business is in operation or open to the public in order to
enforce all rules and regulations. No individual viewing area shall be designed or
operated to permit occupancy of more than one person at a time. "Individual viewing
area" means any area designed for occupancy of one person for the purpose of viewing
live performances, pictures, movies, videos or other presentations.
T. All areas of the sexually oriented business shall be illuminated at a minimum of the
following footcandles, minimally maintained and evenly distributed at ground level:
Bookstores
20 footcandles
Retail establishments
20 footcandles
Theater
5 footcandles (except during performances, at which time the
lighting shall be at least 1.25 footcandles)
Cabaret
5 footcandles
Motion picture arcade
10 footcandles in public areas
Individual viewing
booths
1.25 footcandles
Motion picture theater
10 footcandles (except during performances at which time the
lighting shall be at least 1.25 footcandles)
Motel/hotel
120 footcandles in public areas
U. At least one security guard in addition to the manager, is required for every fifty
patrons at sexually oriented businesses providing live entertainment. The manager may
act as the security guard where less than fifty patrons are present.
V. The individual viewing areas of the sexually oriented business shall be operated and
maintained with no holes, openings or other means of direct visual or physical access
between the interior space of two or more individual viewing areas.
W. A traffic study has been prepared for the sexually oriented business in conformance
with industry standards. The applicant shall demonstrate that the project will not result in
a reduction in any roadway level of service below that level of service designated on the
general plan for that roadway.
X. The sexually oriented business shall comply with the noise element of the general
plan, interior and exterior noise standards and any mitigation measures necessary to
reduce the project's noise impacts to the city's articulated noise standards.
Y. The sexually oriented business shall comply with all building and construction
standards of the Uniform Building Code, Chapter 24 hereof, Title 24 of the California
Code of Regulations, and all other federal, state and city -adopted standards for the
specific use.
Z. Whenever live entertainment is provided, patrons shall be physically separated from
sexually oriented entertainers by a floor to ceiling or, if appropriate, stage floor to ceiling,
permanent, solid barrier and a buffer zone of at least three feet. "Live entertainment," for
the purposes of this requirement, means any existent display by a human being which is
characterized by an emphasis on specified anatomical parts or specified sexual
activities. The three-foot buffer zone provision shall not apply to an individual viewing
area where the stage is completely separated from the individual viewing area by a floor
to ceiling permanent, solid barrier.
AA. No building, premises, structure, or other facility shall be permitted to contain more
than one type of sexually oriented business as such types of sexually oriented business
are defined in Section 5.80.020. For the purposes of this section, the catchall phrase
"sexually oriented business" shall not be considered a single type of sexually oriented
business.
BB. No individual viewing area may be occupied by more than one person at any one
time.
CC. No patron shall come into direct or indirect physical contact with any sexually
oriented entertainer.
DD. All building openings, entries, windows, etc., shall be located, covered or screened
in such a manner as to prevent a view into the interior from outside the building.
EE. Lighting in Parking Lots. Lighting shall be required which conforms to the dark sky
ordinance and is designed to illuminate all off-street parking areas serving such use for
the purpose of increasing the personal safety of store patrons and reducing the
incidence of vandalism and theft.
FF. Amplified Sound. No loudspeakers or sound equipment shall be used by a sexually
oriented business for the amplification of sound to a level discernible by the public
beyond the wall of the building in which such use is conducted.
GG. The building entrance to the adult use shall be clearly and legibly posted by a
notice indicating that minors are precluded from entering the premises. As used in this
subsection, "minor" means an individual less than eighteen years of age.
HH. Commercial businesses licensed or operating within the city shall not display or
exhibit any material in a manner which exposes to public view photographs or
illustrations of specified sexual activities or one or more naked adults in poses which
emphasize or direct the viewer's attention to the subject's genitals. As used in this
subsection, "exposes to public view" means exposes to the view of the person outside
the building in which the commercial business is located.
II. The permit required by this chapter shall be displayed in a prominent area.
The city-IaRRiR- r1ireGt - shall deny the requested permit in writing if the above findings
have not been made and shall state reasons for the denial. (Ord. 270 § 2, 1995)
5.80.070 Permit duration.
A sexually oriented business permit shall be valid for a period of one year from the date
of issuance. (Ord. 270 § 2, 1995)
5.80.080 Permit renewal.
A sexually oriented business permit shall be renewed on a year-to-year basis provided
that the permittee and the sexually oriented business continues to meet the
requirements set forth in this chapter. A request for permit renewal must be filed thirty
days in advance of the permit expiration and shall be accompanied by a completed
sexually oriented business permit application as required in Section 5.80.050. If said
application conforms to the previously approved application and the sexually oriented
business has not changed, the permit shall be renewed by the-!aRR;-- pair®GtGr cit for
another year. Any change or alteration in that nature or operation of the sexually
oriented business will require the renewal to be reviewed by th city.
(Ord. 270 § 2, 1995)
5.80.090 Permits nontransferable, use -specific.
No sexually oriented business permit may be sold, transferred or assigned by any
permittee or by operation of law, to any other person, group, partnership, corporation or
any other entity unless the proposed transferee has first submitted a complete
application pursuant to Section 5.80.030 as well as a transfer fee equal to one-half of
the basic application permit. Any such sale, transfer or assignment or attempted sale,
transfer or assignment shall be deemed to constitute a voluntary surrender of the permit
and the permit shall be thereafter null and void. Any sexually oriented business permit
held by a corporation or partnership is subject to the same rules of transferability as
contained above. Any change in the nature or composition of the sexually oriented
business from one element of a sexually oriented business to another element of a
sexually oriented business shall also render the permit null and void. Any sexually
oriented business permit shall only be valid for the exact location specified on the
permit. (Ord. 270 § 2, 1995)
5.80.100 Enforcement, suspension and revocation.
A. Inspections. The permittee shall permit officers of the city, the county, and each of
their authorized representatives to conduct unscheduled inspections of the premises of
the sexually oriented business for the purpose of ensuring compliance with the law at
any time the sexually oriented business is open for business or occupied.
B. Suspension of Permit.
1. The cit �� k;o/kznr n®® shall suspend a permit
IG +�, ®��®®tea + .4, Clay if it determines that a permittee, or an employee of a
permittee, has:
a. Violated or is not in compliance with any section of this chapter; or
b. Engaged in excessive use of alcoholic beverages while on the sexually
oriented business premises; or
c. Refused to allow an inspection of sexually oriented business premises as
authorized by this chapter; or
d. Knowingly permitted gambling by any person on the sexually oriented
business premises; or
e. Operated the sexually oriented business in violation of a building, fire, health
or zoning statute, code, ordinance or regulation, whether federal, state or local, said
determination being based on investigation by the division, department or agency
charged with enforcing said rules or laws. In the event of such statute, code, ordinance
or regulation violation, the city or its designee shall promptly notify the permittee of the
violation and shall allow the permittee a seven-day period in which to correct the
violation. If the permittee fails to correct the violation before the expiration of the seven-
day period, the city or its designee, shall forthwith suspend the permit and shall notify
the permittee of the suspension; or
f. Engaged in permit transfer contrary to Section 5.80.090. In the event that the
city G+ e g;,e suspends a permit on the grounds that a permittee engaged in a
permit transfer contrary to Section 5.80.090, the city shall forthwith notify
the permittee of the suspension. The suspension shall remain in effect until the
applicable section of this chapter has been satisfied; or
g. Operated the sexually oriented business in violation of any of the findings
required in Section 5.80.060; or
h. Been convicted of an act for which initial denial of a license would have been
required pursuant to Section 5.80.060(Q).
2. The suspension shall remain in effect until the violation of the statute, code,
ordinance or regulation in question has been corrected.
C. Revocation Grounds. The-!aRR;-' difeGtGr-2L may revoke a sexually oriented
business permit when "®ef �it discovers that any of the following have occurred:
1. Any of the findings contained in Section 5.80.060 ceases to be satisfied and a
permit suspension has occurred the pe—it
during the twelve
months prior to the violation triggering revocation;
2. The application contains incorrect, false or misleading information that tended to
enhance the applicant's opportunity for obtaining a permit;
3. The applicant is convicted of any felony or misdemeanor which is classified as a
sex or sex related offense, any violation of the city's zoning ordinance, any violation of
the city's massage ordinance, or any violation of any other sexually oriented business
ordinance of any other city, county or state;
4. Individual viewing areas are being operated with more than one occupant at any
one time, or are being maintained with holes, openings or other means of direct visual
access between the interior space of two or more individual viewing areas. For the
purpose of this section, "individual viewing area" means a viewing area designed for
single occupancy;
5. Any person has been convicted of a sex -related offense as a result of his or her
activity on the premises of the sexually oriented business; or
6. Any person or persons has engaged in any specified sexual activities on the
premises.
D. Revocation Notice. Upon determining that the grounds for permit revocation exist,
the-!aRR;-- diZJ ree+„Fcit shall furnish written notice of the proposed revocation to the
permittee in accordance with Section 1.01.300 of this code. Such notice shall
summarize the principal reasons for the proposed revocation, shall state that the
permittee may appeal the decision pursuant to Sections 2.O8.180 through 2.O8.220 of
this code.
. The city
manager's decision shall be the city's final decision and shall not be appealable to the
city council.
E. Reapplication After Revocation. No person, corporation, partnership or member
thereof or any other entity may obtain a sexually oriented business permit for a business
once its permit has been revoked. (Ord. 270 § 2, 1995)
5.80.110 Violation —Penalty.
A. Every person, whether acting as an individual owner, employee of the owner,
permittee, or operator or employee of the permittee, or whether acting as a mere helper
for the owner, permittee, employer or operator, or whether acting as a participant or
worker in any way, who operates or conducts or who participates in the operation of any
unpermitted sexually oriented business, or who violates any provisions of this chapter
shall be guilty of a misdemeanor and shall be fined pursuant to Section 1.01.230
FR
o th R. thle G ��, '� �o o eRGe „r h„+� Each day the violation continues
shall be regarded as a separate offense for which the full penalty may be imposed.
B. Any establishment operated, conducted or maintained contrary to the provision of
this chapter is unlawful and a public nuisance, and the city attorney may, in addition to
or in lieu of prosecuting a criminal action hereunder, commence an action or actions,
proceeding or proceedings for the abatement, removal and enjoinment thereof in the
manner provided by law, and shall take such other steps and shall apply to such court
or courts as may have jurisdiction to grant such relief as will abate or remove such
sexually oriented business and restrain and enjoin any person from operating,
conducting or maintaining such an establishment contrary to the provisions of this
chapter.
C. Any establishment operated in violation of the chapter is a public nuisance,
abatable pursuant to Chapter 11.72 of this code.
D. In any action to abate any such public nuisance, the city shall be entitled to recover
all enforcement costs, including staff costs and attorney fees. (Ord. 270 § 2, 1995)
5.80.120 Prohibition against nudity.
It is unlawful for any person to appear in a sexually oriented business in such a manner
so as to knowingly and intentionally:
A. Expose his or her genitals, pubic hair, natal cleft, perineum, anal region or pubic hair
region; or
B. Expose any device, costume or covering which gives the appearance of or
simulates the genitals, pubic hair, natal cleft, perineum, anal region, nipple and/or areola
of the female breast or pubic hair region; or
C. Expose the nipples and/or areola of the female breasts except as necessary while
engaging in the breast feeding of an infant under the age of two years old; or
D. Allow any person to engage in any of the activities described in subsections A
through C of this section in a sexually oriented business when such person has
ownership or managerial control over the sexually oriented business. (Ord. 270 § 2,
1995)
5.80.130 Expansion of legal nonconforming uses.
Notwithstanding any other provisions of this code, no sexually oriented business legally
operating prior to the effective date of the ordinance codified in this chapter may be
expanded in any manner unless and until the entire sexually oriented business complies
in all respects with the provisions of this chapter and/or any other provisions of the code
pertaining to the operation of the business. For the purposes of this section, the term
"expansion" shall include any physical expansion of the facility in which the sexually
oriented business is located or operating and/or the introduction and/or addition of any
category of sexually oriented business not legally operating on the property prior to the
enactment of the ordinance codified in this chapter as such separate categories of
sexually oriented business uses are contained in Section 5.80.020. For the purposes of
this section, the catchall phrase "sexually oriented business" shall not be considered a
single category of sexually oriented business. (Ord. 270 § 2, 1995)
Taf 4 4 a"
�a
C OF
CITY / SA / HA / FA MEETING DATE: June 16, 2015 AGENDA CATEGORY:
BUSINESS SESSION:
ITEM TITLE: WATER REDUCTION STRATEGIES FOR CONSENT CALENDAR:
2015/2016
STUDY SESSION: 1
PUBLIC HEARING:
RECOMMENDED ACTION:
Provide direction to staff regarding water reduction strategies.
EXECUTIVE SUMMARY:
• The Governor has declared that the State of California is in a serious drought
condition. The Coachella Valley Water District (CVWD) is required to reduce
potable water use by 36 percent.
• The strategies contained in this report outline the methods to reduce water use
throughout City medians, perimeters, parks, water features, and facilities over
the next year.
• These strategies include a combination of immediate water reductions with turf
removal and the retrofit of several water features.
• The City Council may wish to consider converting City facilities to Colorado River
Water and/or revising landscape development standards for new development
in order to reduce future potable water demand.
FISCAL IMPACT:
The City's Capital Improvement Program (CIP) has identified various projects starting
in Fiscal Year 2015/2016 that will involve turf and landscape conversion. These
projects total $2,247,000.
BACKGROUND/ANALYSIS:
M ,. ,. .--, ..,-
Over the last three years, the City has reduced water use and, where possible,
replaced turf with desert landscapes. The parkways at the Civic Center Campus and
Fire Station 70 have been converted at an estimated water savings of 1,622,840
gallons per year. Since 2013, the City no longer over seeds parks or retention basins
except at Civic Center Campus and Fritz Burns Park since both facilities are rented for
special events. La Quinta Park is not over seeded primarily due to the heavy year-
round use that prevents the fields from being taken out of service. Since CVWD's
request for a voluntary 25 percent reduction in water use in September 2014, the City
no longer waters landscaping during the day and has ensured all water leaks are
repaired within 24 hours. More detailed information on what the City has
accomplished via parks and facilities projects is provided as Attachment 1.
What is required by the State of California and CVWD?
Generally, Governor Brown mandated a 25 percent reduction in potable water use
statewide. Specifically, CVWD is required to reduce potable water consumption by 36
percent by February 2016. On May 12, 2015, CVWD passed an ordinance (Attachment
2) imposing mandatory restrictions on water use such as prohibiting watering of
ornamental turf in medians and drought penalties for customers who fail to meet
their outdoor water budget (Attachment 3).
CVWD stated that the water restrictions only apply to potable water and not to
Colorado River Water, which is controlled by the federal government. CVWD staff has
therefore promoted the use or substitution of Colorado River Water and recycled or
reclaimed water (treated effluent from wastewater facilities) for potable water for
irrigation purposes wherever possible. Colorado River Water runs through the City in
the Coachella Canal from Avenue 50/Madison Street to Lake Cahuilla. No recycled
water is currently available in the City; however, many old Bureau of Reclamation
irrigation lines still exist under City streets that may be used for transmitting canal
water if approved by CVWD.
Water strategies to meet State and CVWD goals include:
1) Reduce water consumption in parks and street landscaping to budgeted
amount.
This may result in loss of valuable plants, brown turf, and generally poor park and
street aesthetics. Recently, staff reviewed the March 2015 data for 144 of the City's
water meters. As represented in the pie chart below: 2 were rated Excellent, 124
were rated Efficient, 7 were rated Inefficient, 10 were rated Excessive, and 1 was rated
Wasteful (median on Jefferson Street at Vista Grande).
In order to meet the new reduced water budget, the City would have to reduce all
Wasteful, Excessive, and Inefficient rated areas to 64 percent of the Efficient level. In
order to do this, water would have to be cut back significantly at the following parks
and facilities:
Adams Park Retention Basin
Avenida La Fonda Lot at Wellness Center
Avenida Bermudas Median at Cadiz,
Amigo & Barcelona
Retention Basins on Desert Stream Drive
Eisenhower Drive Median
Auto Center Dr. Median at Adams
Avenue 52 Median
Rancho Ocotillo Retention Basin
Calle Tampico Medians
Moon River Drive Parkway
Washington Street Median
Madison Street Median
Adams Street Median
Jefferson Street Median at Vista Grande
Miles Ave Median at Verbena
Fire Station 32, 70 & 93
City Corporate Yard
Bear Creek Bike Path
Pioneer Park
Monticello Park
La Quinta Park
Other facilities may require cut backs as well as water budgets as determined by
CVWD.
Staff is implementing a water conservation strategy as follows:
• Most fountains and misters, including the fountains in the entry features on
Highway 111 and at the Civic Center Campus, have been shuttered.
• The operating hours for the SilverRock Resort entry feature and the La Quinta
Park water feature have been reduced.
• Irrigation times at City parks have been reduced.
• City parks, except for the Civic Center Campus Park, will not be over seeded;
over seeding will occur at the Civic Center Park without additional water.
• All of the turf medians throughout the City will no longer be irrigated.
2) Convert turf to desert scope to the extent that funding is available over the next
five years.
This will yield at least a 50 percent reduction in water use by going to the most
efficient desert landscaping. Considering there is approximately 600,000 square feet
(14 acres) of turf in the parkways and retention basins in the Lighting and Landscape
District and another 2,350,000 square feet (54 acres) of turf in parks and around City
facilities, this will require a significant investment by the City at $3 to $6 per square
foot to convert to desert scape depending on the landscape palette desired.*
Nevertheless, the following projects have been included in the upcoming CIP
(Attachment 4):
• Civic Center Campus Parkway Turf Conversion
• Madison Street Median Landscape Conversion
• Fritz Burns Park Parkway Turf Conversion
• Fire Station 70 Turf Conversion
Additionally, up to $500,000 per year has been recommended for turf conversion for
the northern parkways and retention basins. SilverRock's golf operator is also looking
to remove turf in non-use areas (areas that are available for tournament viewing and
in the non -play areas). These items will be proposed within future SilverRock Resort
operating budgets.
Note: CVWD's turf conversion program may offset this cost by $1 per square foot.
3) Look for opportunities to convert City facilities from potable water to Colorado
River Water or recycled water.
With a non -potable water source as close as SilverRock Resort, there may be
opportunities to convert existing City facilities from potable water. Also, CVWD plans
to bring canal water to the La Quinta Resort via an existing irrigation pipeline in Calle
Tampico. This may enable the City to tap into this line for irrigating the Civic Center
Campus; however, in addition to installing the connection and meter in Calle Tampico,
the City would also have to convert the Civic Center Campus lake into an irrigation lake
so the canal water could then be pumped for landscape irrigation. Because canal
water is not under pressure, irrigation lakes or reservoirs and pumping facilities must
be added wherever Colorado River Water is to be used for irrigation.
4) Revise City's development standards to restrict water use of future
development.
As new development projects are proposed and applications being processed,
questions have surfaced as to whether additional provisions should be established
focusing upon water conservation measures above and beyond current CVWD
standards and City requirements. The following represents additional measures for
City Council consideration:
• Require front and rear yard desert scape design (no turf option) for model home
complexes. Current requirement only addresses front yards.
• Prohibit use of turf in front yard landscaping areas for all new residential units,
except custom homes.
• Require City approval of custom home landscape plans where turf is proposed
for 25 percent or more of the landscape area.
• Restrict use of turf in new residential communities to functional and accessible
recreational areas only.
• Prohibit turf in locations adjacent to perimeter streets and sidewalks.
• Prohibit all new water features except small fountains in public areas that are
supplied by a non -potable water source, unless approved by the Planning
Commission or City Council.
• Reduce turf grass coverage to no more than 25 percent of any project's total
landscaped area (currently at 50 percent).
Homeowners and HOA's
Staff is committed to working with CVWD to educate residents about the current
water restrictions and measures people can take to save water. Currently, CVWD
informational flyers are available at City facilities as well as being posted on the City's
electronic media. Code enforcement will play an important role in working directly
with homeowners to understand the drought regulations.
Report prepared by: Timothy R. Jonasson, P.E.
Public Works Director/City Engineer
Report approved for submission by: Frank J. Spevacek, City Manager
Attachments: 1. Historical Background on Parks and Facilities Projects
2. CVWD Ordinance
3. Drought Penalty Rate Sheet
4. CIP Water Efficiency Project List for 2015/2016
ATTACHMENT 1
Previous Projects Accomplished by the City of La Quinta
Parks & Facilities I Historical Background
The City of La Quinta has been working with CVWD to be water efficient long before
the Governors current water restrictions.
The SilverRock Resort Golf Course was completed in 2005 and was required to have no
more than 110 acres of turf. The golf course is 100% irrigated by canal water and the
irrigation control system is the most advanced water management tool in the
industry. It is the Rainbird Maxicom System that includes an on -site weather station.
During winter only the playable areas (tees, greens, and fairways) are over -seeded.
Even the driving range only has the tee and target greens seeded.
The City's parks are also controlled by a Maxicom System. Due to the locations of the
parks throughout the City, this system is not connected to an on -site weather station
because of the differing conditions within the 35 square mile area of La Quinta.
In 2008, the Parks landscape Contractor received their Water Certification through the
California Landscape Contractors Association (CLCA). This Certification is designed to
recognize landscape contractors who demonstrate their abilities in water
conservation. To receive this Certification, the contractor managed an "efficient"
water budget (using CVWD tiered rates) at three parks for one year, followed by a full
audit by the California Landscape Contractors Association. Since receiving this
Certification, staff has been providing the landscape contractor with copies of the
monthly water bills so they can continue to monitor water efficiency. Only two
landscape contractors in the Coachella Valley have a CLCA Water Certification.
In fiscal year 2010-2011, the Turf Reduction Projects was completed. As a water
conservation project, 73,700 square feet of turf was removed and converted to
efficient desert landscapes. The sites for this project were the Civic Center Campus
(43,000 square feet), the police substation (6,800 square feet), and Fire Station #70
(23,900 square feet). This project saved an estimated 1,622,840 gallons of water per
yea r.
In addition to the Turf Reduction Projects, the parks operations budget also eliminated
the perimeter turf at Eisenhower Park and Velasco Park that was located between the
street and the fence. A two foot boarder of decomposed granite was installed at
Saguaro Park and Monticello Park along the sidewalks and perimeter walls.
Furthermore, most of the spray heads (non -rotor sprinklers) have been converted to
drip and bubbler irrigation in planter areas and low volume stream nozzles in turf
areas. Spray head sprinklers are less efficient because the water droplets are smaller
and the application rate is higher than the soil intake rate. This results in more water
loss through misting and runoff.
The current Park Landscapes Maintenance Contract requires that the Contractor be
Certified in Maxicom operations as well as have a Certified Landscape Irrigation
Auditor on staff. Furthermore, the current contract states that the contractor will be
responsible to pay the difference in water costs for park landscapes that are not rated
as either "Efficient" or "Excellent."
ATTACHMENT 2
ATTACHMENT 3
ATTACHMENT4
Fiscal Year 2015/2016 Capital Improvement Program
Water Efficiency Projects
Civic Center Campus Parkway Turf Conversion This project proposes to remove
parkway turf and replace it with drought-tolerant desert landscape. The total budget
for this project is $477,000 to be paid from the General Fund Operating Budget.
Madison Street Median Landscape Conversion The Governors mandate specifically
prohibits watering ornamental turf in medians. The total budget for this project is
$1,300,000 to be paid from General Fund Unappropriated Reserves.
Fritz Burns Park Parkway Turf Conversion - This project proposes to remove parkway
turf and replace it with drought-tolerant desert landscape. The total budget for this
project is $250,000 to be paid from General Fund Unappropriated Reserves.
Fire Station 70 Turf Conversion - This project proposes either to retrofit the existing
spray irrigation with subterranean irrigation or remove the turf and replace it with
drought-tolerant desert landscape. The total budget for this project is $220,000 to be
paid from the Fire Fund.
AGENDA CATEGORY:
BUSINESS SESSION:
June 16, 2015
CITY / SA / HA / FA MEETING DATE:
DISCUSS AESTHETIC CONDITION OF
CONSENT CALENDAR:
ITEM TITLE:
HIGHWAY 111 CORRIDOR
2
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Discuss current aesthetic condition of Highway 111 corridor and provide direction.
EXECUTIVE SUMMARY:
In February 2011, City Council approved the Highway 111 Corridor Landscape
Design Guidelines (Guidelines) and subsequently authorized the completion of
approximately $1.3 million in landscaping improvements to the Highway 111
Corridor (Corridor) medians.
The Guidelines provide landscaping standards for the Corridor parkways and
medians, identify design criteria for intersection improvements and directional
signs, as well as modifications to the existing entry signs.
In recent years, certain parkway areas have seen a reduction in landscape
maintenance and an increase in merchandise display/advertisement by auto
dealers. This has resulted in a negative aesthetic impact to the Corridor.
Much of the parkway landscape areas are turf. Removal of such and replanting in
accordance with the Guidelines will result in a significant potable water savings.
FISCAL IMPACT:
Complete implementation of the Guidelines would affect both public and private
improvements within the streetscape. Rehabilitation of the existing landscaped
parkways is estimated at approximately $20-$25 per square foot. Modifications to the
two existing entry monument signs are estimated to cost $880,000. A cost estimate
for all identified Corridor improvements is approximately $5.4 million, excluding
rehabilitation of existing landscaped parkways.
BACKGROUND:
In February 2011, City Council approved the Highway 111 Corridor Landscape Design
Guidelines. The Guidelines establish the criteria for parkway and median
improvements, and included preliminary illustrations for directional signs, landscape
and pavement enhancements at certain intersections, and a design modification for
the two Corridor entry monument signs. Based on these Guidelines, $1.3 million was
spent to install new and rehabilitate existing median landscaping for approximately
80 percent of the Corridor west of Adams Street to Jefferson Street. This investment
4A4
resulted in a significant aesthetic improvement to the Corridor.
In recent years, certain parkway areas have experienced reduced landscape
maintenance by adjacent property owners responsible for such. In addition, all three
auto dealers have increased merchandising efforts within the Corridor parkway,
including infrequent use of banners and balloons, which has adversely affected the
aesthetics.
Though some parkways are planted in a desertscape design, such as Komar Desert
Center, many areas are predominately turf. The Guidelines represent minimal use of
turf, intending to significantly reduce the amount of potable water used for irrigation.
ANALYSIS:
When approved in 2011, eight core Guidelines objectives were identified, which are
summarized as follows:
1.Create a unique landscape identity for the Highway 111 corridor, which will
differentiate La Quinta from other desert cities.
2.Reduce water consumption while maintaining a sophisticated landscape
theme.
3.Prohibit or significantly reduce the use of turf in new construction and
encourage removal of turf during landscape renovations.
4.Create a recognizable landscape hierarchy, which clearly identifies the primary
Highway 111 intersections at Washington Street, Adams Street, Dune Palms
Road and Jefferson Street over other signalized intersections.
5.Create a wayfinding signageprogram, which facilitates locating major shopping
venues and attractions.
6.Minimize maintenance requirements and provide a set of written Guidelines for
maintenance of plantings, with the goal of retaining and emphasizing the
resort character of La Quinta.
7.Retain existing landscape character and forms where practical.
8.Emphasize that tree plantings at their mature size and location will have
precedence over individual building signage.
The reduction in landscape maintenance combined with the current parkway use by
the auto dealers is a departure from what was envisioned for the Corridor. In
addition, higher priority capital improvements combined with budgetary limitations
have prevented the ability to proceed with improvements beyond the median
landscaping project. Thus, implementation of Corridor wayfinding signage, pursing
certain intersection improvements and modifying the two existing entry signs are
outstanding. In addition, previous consideration was given to creating a unique
parkway aesthetic for the three auto dealers, which included landscaping, auto
merchandising and signs. This also remains an outstanding item.
In light of the current circumstances and conditions, staff is seeking Council direction
on the following:
Educate property owners along Corridor of the Guidelines: Distribute materials and
meet with property owners to share the Corridor Guidelines, and provide
information regarding the Coachella Valley Water District (CVWD) turf conversion
program. CVWD is currently considering funding allocations for their turf
conversion program, which will include funding for commercial properties.
Establish merchandising parameters with auto dealers: When the Guidelines were
established, consideration was given to establishing vehicle merchandising
platforms, new signage and landscaping along the parkway area in front of the
three dealerships. Preliminary cost estimates were in the neighborhood of $1.5-
$2.0 million, based upon conceptual design work. Early consideration represented
a shared cost between the dealers and the City. Lack of capital funding currently
prevents City contribution.
The City has not approved current auto dealer merchandising activities within the
parkway. As an interim measure, specific locations for vehicle placement along
the parkway could be properly identified, including use of City parkway property for
such as well as placement of banners, balloons, etc.
Increase Code Compliance engagement along Corridor: Code Compliance would
ensure parkway landscaping is maintained according to original plans and
acceptable maintenance standards.
Revisit Corridor and auto dealer improvements: As part of the next capital
improvement plan update during the second quarter of 2016, consideration should
be given to reviewing the proposed improvements, including the opportunity to
partner with the auto dealers for certain parkway enhancements.
The visual experience of the Corridor makes a statement regarding our primary retail
center. Strategic investments are necessary in both capital improvements and
associated resources in order to ensure that Highway 111 represents an aesthetic
indicative of The Gem of the Desert.
Staff is seeking feedback on the action steps proposed for the Corridor.
ALTERNATIVES:
Council may elect to conduct any numberofoptionsor elect to not take any action at
this time.
Report prepared by: Les Johnson, Community Development Director
Report approved for submission by: Frank J. Spevacek, City Manager
Attachment: 1. Guidelines
HIGHWAY 111 CORRIDOR
LANDSCAPE DESIGN GUIDELINES
Prepared for
CITY OF LA QUINTA
1/28/11
Prepared by:
RGA LANDSCAPE ARCHITECTS, INC.
74020 Alessandro, Suite E
Palm Desert, CA 92260
(760) 568-3624
(760) 773-5615 Fax
www.rga-pd.com
Highway 111 Landscape Design Guidelines
HIGHWAY 111 LANDSCAPE DESIGN GUIDELINES
TABLE OF CONTENTS
_____________________________________________________________________________
OBJECTIVES
PAGE 1
PLANT PALETTE NARRATIVE
PAGE 2
PLANT PALETTE
PAGE 3
PLANT PHOTOS
PAGE 4
SCHEMATIC PLAN NARRATIVE
PAGE 5
OVERALL SCHEMATIC PLAN
PAGE 6
CONCEPTUAL MEDIAN ISLAND – PLAN VIEW
PAGE 7
CONCEPTUAL MEDIAN ISLAND – PHOTO SIMULATION
PAGE 8
PARKWAY RE-DESIGN – PHOTO SIMULATION
PAGE 9
PARKWAY RE-DESIGN – CROSS SECTION
PAGE 10
PRIMARY CORNER TREATMENT; PLAN
PAGE 11
REVISED ENTRY MONUMENT – PHOTO SIMULATION
PAGE 12
PROPOSED WAYFINDING SIGNAGE – CONCEPT & SIMULATION
PAGE 13
LIGHTING NARRATIVE
PAGE 14
LIGHTING SPECIFICATIONS
PAGE 15-18
PARKWAY LIGHTING PHOTO SIMULATIONS
PAGE 19
PROPOSED ICON POTS – CONCEPT & SIMULATION
PAGE 20
LANDSCAPE MAINTENANCE NARRATIVE
PAGE 21
LANDSCAPE MAINTENANCE STANDARDS
PAGE 22-34
APPENDIX
PAGE 35
Highway 111 Landscape Design Guidelines
OBJECTIVES
These design guidelines are intended to serve as a template for Highway 111 landscape
development as well as the rehabilitation of existing landscapes that front along the
Highway in La Quinta.
The median island design included in these design guidelines will create a built environment
in the Highway 111 corridor for property owners to refer to when they prepare their parkway
improvements.
La Quinta has a unique, recognizable landscape identity which is not yet evident on
Highway 111. The existing “core” La Quinta landscape theme will be introduced into the
Highway 111 corridor through these objectives:
1. Create a unique landscape identity for the Highway 111 corridor which will
differentiate La Quinta from other desert cities through the use of iconic “La Quinta”
plants, as well as with seasonally flowering trees and shrubs that will be unique to La
Quinta. This unique identity will include:
a. Pockets of Italian Cypress and seasonally flowering shrubs which borrow from
the La Quinta Hotel (which is the most iconic La Quinta landscape).
b. Citrus and Date Palms, which are reflective of La Quinta’s agricultural heritage.
c. New entry monuments, wayfinding signage and lighting which characterize the
California Mission style architecture prevalent throughout the city.
2. Reduce water consumption while maintaining a sophisticated landscape theme.
3. Prohibit or significantly reduce the use of turf in new construction and encourage
removal of turf in landscape renovations. The addition of artificial turf will be an
option, and will be illustrated in the new median islands.
4. Create a recognizable landscape hierarchy which clearly identifies the primary
Highway 111 intersections at Washington Street, Adams Street, Dune Palms Road
and Jefferson Street over other signalized intersections.
5. Create a wayfinding sign program which facilitates locating major shopping venues
and attractions.
6. Minimize maintenance requirements and provide a set of written guidelines for
maintenance of plantings, with the goal of retaining and emphasizing the resort
character of La Quinta.
7. Retain existing landscape character and forms where practical.
8. Emphasize that tree plantings at their mature size and location will have precedence
over individual building signage. It is understood that monument and wayfinding
signs are to serve as the primary commercial identification as viewed from Highway
111.
1
Highway 111 Landscape Design Guidelines
PLANT PALETTE
This plant palette is an integral element of the La Quinta Highway 111 image. By using the
plants listed in the palette, a consistent resort quality character will be emphasized. It is,
therefore, very important that all new plants to be installed along Highway 111 be selected
from this palette.
The deciduous trees on the plant palette are to be used within planting designs so that they
are located in the midst of evergreen trees and shrubs which flower while the deciduous
tree is defoliated.
Plant substitutions will not be allowed without written approval from the City.
2
Highway 111 Landscape Design Guidelines
CITY OF LA QUINTA HIGHWAY 111 PLANT PALETTE
CALIPERMATURE
BOTANICAL NAMECOMMON NAMESIZESTANDARDS / HTSIZE H & WREMARKS
TREES:
ACACIA SMALLIISWEET ACACIA24" BOX
ACACIA ANUERAMULGA TREE24" BOX
CITRUSCITRUS24" BOX1" CAL / 4' HT20' X 20'
CUPRESSUS ARIZONICAARIZONA CYPRESS15 GAL-24" BOX
PARKINSONIA 'DESERT MUSEUM' OR 'AZT THORNLESS'PALO VERDE HYBRIDS24" BOX1" CAL / 7' HT30' X 30'MULTI
PARKINSONIA PRAECOXSONORAN PALO VERDE24" BOX1" CAL / 7' HT30' X 30'MULTI/LOW BRANCH STANDARD
PALMS:
BUTIA CAPITATAPINDO PALM24" BOX24" BTH MIN10' X 10'24" BTH MIN
BRAHEA ARMATAMEXICAN BLUE PALM24" BOX24" BTH MIN5-15' X 5-40'24" BTH MIN
CHAMAEROPS HUMILISMEDITERRANEAN FAN PALM24" BOX3'-4' CLUMP5-20' X 5-15'MULTI
PHOENIX DACTYLIFERADATE PALM20-30' HTS40' X 15'SHOVEL CUT
WASHINGTONIA FILIFERACALIFORNIA FAN PALM8-16' HTS60' X 15'SKINNED
WASHINGTONIA ROBUSTAMEXICAN FAN PALM8-16' HTS100' X 10'SKINNED
ACCENT PLANTS:
AGAVE SPECIESAGAVE5-15 GAL3-6 X 3-6
CUPRESSUS S. 'STRICTA'ITALIAN CYPRESS15 GAL-24" BOX15 GAL/6-7' HT24"/9-11' HTMAX 1/3 OF TOTAL TO BE 15 GAL
DASYLIRION WHEELERIDESERT SPOON5-15 GAL5' X 5'
ECHINOCACTUS GRUSONIIGOLDEN BARREL CACTUS12-18" DIA2' X 2'
FOUQUIERIA SPELENDENSOCOTILLO6' HT10 CANE MIN
OPUNTIA BASILARISBEAVER TAIL CACTUS2' HT10 PAD MIN2' X 6'
SHRUBS:
CAESALPINIA PULCHERRIMARED BIRD OF PARADISE5 GAL6-10' X 6-10'
CALLIANDRA CALIFORNICABAJA FAIRY DUSTER5 GAL4-6' X 5'
CASSIA SPECIESSENNA5 GAL6-8' X 8-10'
CHAMELAUCIUM SPECIESWAX FLOWER5 GAL
C. U. DANCING QUEEN - LAVENDER AND PINKDANCING QUEEN5 GAL6' X 6'
C. CILIATUM 'SCADDAN' - WHITESCADDAN5 GAL3' X 4'
C. MY SWEET SIXTEEN - RED AND WHITESWEET SIXTEEN5 GAL5-6' X 5-6'
DALEA PULCHRAINDIGO BUSH5 GAL5' X 5'
EREMOPHILA SPECIESEMU BUSH
E. VALENTINEVALENTINE5 GAL4' X 4-5'
E. WINTER GOLDWINTER GOLD5 GAL4-5' X 6'
E. SUMMERTIME BLUESUMMERTIME BLUE5 GAL6' X 6-8'
E. PINK BEAUTYPINK BEAUTY5 GAL6-8' X 6-8'
DALEA SPECIES
D. SIERRA GOLDSIERRA GOLD5 GAL8' X 3'
D. FRUTESCENSBLACK DALEA5 GAL4' X 5'
HESPERALOE PARVIFLORARED YUCCA5 GAL4' X 3'
JUSTICIA CALIFORNICACHUPAROSA5 GAL6' X 12'
LAVENDULA SPECIES
L. STOECHAS SPANISH LAVENDERSPANISH LAVENDER5 GAL3' X 3'
L. DENTATA FRENCH LAVENDERFRENCH LAVENDER5 GAL3' X 3'
LEUCOPHYLLUM SPECIESTEXAS RANGER
L. CIMMARONCIMMARON5 GAL3' X 3'
L. THUNDERCLOUDTHUNDERCLOUD5 GAL3' X 3'
L. LYNN'S LEGACYLYNN'S LEGACY5 GAL5' X 5'
L. LAEVIGATUMCHIHUHAN SAGE5 GAL4' X 5'
ROSEMARINUS OFFICINAUSROSEMARY 'TUSCAN'5 GAL3-6' X 3-6'
SALVIA SPECIES
S. LEUCANTHAMEXICAN SAGE5 GAL4' X 4'
S. CLEVELANDIICLEVELAND SAGE5 GAL4' X 4'
S. GREGGIIAUTUMN SAGE5 GAL3' X 3'
INERT MATERIAL:
DESERT GOLD DECOMPOSED GRANITEMINIMUM 2" THICK, WETTED AND COMPACTED
INDIGENOUS BOULDERS - SURFACE SELECT
GRADE.
ANGULAR GRANITE BOULDERS
CONCRETE BY LM SCHOFIELD. COLOR TO BE
LA QUINTA QUARRY RED OR EQUAL. SEE
CITY OF LQ STANDARD PLAN 720 (SEE
APPENDIX).
CONCRETE MOWSTRIP
3
OVERALL SCHEMATIC PLAN AND ENLARGEMENTS
The following plan provides an overall view of Highway 111 in La Quinta and also acts as a
reference map for the more detailed illustrations included in these guidelines.
The plan indicates the location of primary intersections and wayfinding signage and
establishes the extent of the medians and parkways covered by the guidelines. The
enlargements referenced on the plan include:
Conceptual median island, plan view and photo simulation
Parkway redesign, photosimulation and cross section
Primary corner treatment, plan view
City entry monument, redesign, photosimulation and cross section
Proposed wayfinding signage and photosimulation
Parkway lighting and day and night photosimulations
5
Highway 111 Landscape Design Guidelines
LIGHTING NARRATIVE
The lighting included with these guidelines is for accent plant material and to provide
illumination of sidewalks, wayfinding and entry signs. This lighting is low maintenance,
energy conserving and in accord with the dark sky ordinance.
There are two types of lights included in these guidelines:
A. Accent Lights
Accent lights are installed flush with grade and include a half shield to control glare.
Accent lights are for illumination of selected plant material, such as palms and
specimen plants and signage. Accent lights shall be Kim “Light Vault” LTV71 (see
attached specification sheets). Two lights per palm and canopy tree; one per
accent.
B. Pole Mounted Lights
Pole lights are intended to illuminate walkways. The lights are 12 feet tall, as
measured from grade to the top of the lamp fixture. Pole lights shall be Sternberg
E350LED fixtures post-mounted, with one fixture per post. Each fixture shall have
an output of 1970 lumens and 34 watts with a frosted lens (see attached
specification sheets). Spacing will be a minimum of 50’ o.c., alternate sides of walk.
14
Highway 111 Landscape Design Guidelines
LANDSCAPE / MAINTENANCE NARRATIVE
Good landscape maintenance is essential to the integrity of the resort character of Highway
111.
These landscape maintenance guidelines will keep the irrigation system functioning
efficiently, the plant material properly pruned, the view corridor free from debris and, most
importantly, keep the resort quality of the landscape intact.
Part of the resort quality in the landscape is the selective use of shrub masses. The shrubs
located in the median islands are not to be hedged, and should not be trimmed with power
hedge trimmers. Shrub masses located in the parkways will not be hedged unless that was
the original design intent. Shrubs which are not part of a hedge will not be trimmed with
power hedge trimmers, nor will they be trimmed into geometric shapes, as the intent of the
landscape theme is to maintain the natural form of shrubs and ground cover.
21
Highway 111 Landscape Design Guidelines
MAINTENANCE STANDARDS
1.01PART 1 - GENERAL
This section describes parameters for permanent maintenance of the landscape.
Insurance, Licenses, Permits
The Landscape Maintenance Contractor shall possess all insurance, licenses and permits
required to perform the landscape maintenance.
A.Licensing Requirements
In accordance with Division II, Chapter 9 of the Business and Professions Code of
the State of California, providing for the licensing of contractors, the Contractor shall
possess a valid C-27 landscape maintenance license or Class A Contractor's
license. In addition, the Contractor shall possess a valid chemical applicator's
license to include pest control or must subcontract to a licensed contractor.
1.02 SCOPE OF WORK
These specifications establish the standard for maintenance of the landscaping along the
Highway 111 corridor in the City of La Quinta.
The Contractor shall furnish all labor, equipment, materials, tools, services and special skills
required to perform the landscape maintenance as set forth in these specifications and in
keeping with the highest standard of quality and performance.
Maintenance of these areas shall include maintenance of plant materials and irrigation
system. Maintenance of plant materials shall include, but is not limited to, mowing, trimming
and edging, pruning, fertilization, aeration, weed control, cultivation, pest control, tree
surgery, thatching and plant replacement.
It is the intent of these specifications to provide plant material maintenance methods to keep
the site in a state of growth and repair. Irrigation maintenance shall include system
operation adjustment and all necessary repairs needed to keep system operation at peak
efficiency.
A.Emergency Numbers
The Contractor shall provide to the City, at all times throughout the duration of their
contract, emergency telephone numbers which can be called for emergency
conditions at any time that the Contractor's representatives are not immediately
available at the job site. An alternative number shall be provided in case no answer
is received at the first number. The emergency number shall be used to contact a
responsible representative of the Contractor who can take the necessary action
required to alleviate an emergency condition which threatens to cause damage to
any property.
PART 2 - EXECUTION
2.01 TURF GRASS AREAS (Where they occur)
A.Mowing
Mowing of lawn areas shall be done once a week, except when weather precludes
mowing. Bermuda grass shall be mowed at a cutting height of 3/4" - 1". Rye grass
shall be mowed at a cutting height of 1-1/2" - 2".
Highway 111 Landscape Design Guidelines 22
A power driven rotary mower with a grass catcher attached to remove clippings shall
be used to mow turf. Blades shall be kept sharp at all times.
B.Edging and Trimming
Edging shall be accomplished with a power edger each time the turf is mowed.
Clippings shall either be vacuumed or blown off walks. The turf around tree wells,
sprinkler heads and other objects shall be trimmed by hand clippers or a power
weedeater. (Contractor to provide weedeater guard on all trees when weedeaters
are used.) Chemicals may be used for this purpose only with the approval of the City
Maintenance Engineer.
C.Aerification
Turf grass shall be aerified once a year during the first week of August, one week
prior to fertilization. Aerate all turf areas, removing 1/2"x2" cores of sod with an
aerator machine at a maximum of 6" spacing. Any areas that show excessive
compaction shall receive additional treatment as required to alleviate this condition
and allow for proper water penetration and minimal runoff. At the discretion of the
Contractor, the cores may either be dragged to break them up or removed.
D.Fertilization
Apply fertilizers as indicated in Fertilization Section 2.05 of these specifications.
Watering
E.
A regular deep watering program shall be accomplished to give the best results. The
established turf should not be kept wet but should dry out somewhat between
waterings. Allow lawns to dry before mowing.
F.Thatching (only if not overseeding)
Thatch all Bermuda lawns once a year in early September in accordance with the
following methods:
1. Verticut entire area using a thatching machine set to soil line conduct.
Verticut twice in parallel directions. Pick up debris at the completion of this
operation.
2. Mow with rotary mower at regular cutting height.
G. Overseeding of Perennial Rye
In mid-October (or when the evenings are consistently cool), the following
overseeding services should be performed:
1. Perennial rye to be applied at a rate of 20 pounds per 1,000 square feet.
2. 15-15-15 fertilizer to be applied per manufacturer’s recommendations.
H.Refurbi shment of Turf Areas
Lawn areas that thin out due to shading effect of maturing trees, or dying back due to
sogginess, will be reseeded with an approved grass seed to restore thinning areas.
Highway 111 Landscape Design Guidelines 23
I.Weed Control
Contractor shall maintain a weed-free lawn at all times by either chemical,
mechanical means or by the water management program. The Contractor shall be
especially careful if applying chemicals to control weeds because of possible
damage to the lawn. Before such applications are made, the turf should be well
established and in a vigorous condition.
J.Disease, Harmful Insects and Rodent Control
Maintain areas free of pest and diseases including rodents, snails, insects, etc. See
Sections C, D and E of the Additional Work in All Areas section.
2.02 ADDITIONAL WORK IN ALL AREAS
A.Standard Practices for Trees, Shrubs and Other Woody Plant Maintenance/Pruning
ANSI A300 (6-30-93)
1. Trees shall be pruned to reduce hazards, improve structure, maintain natural
aesthetics, maintain health or satisfy a specific need such as: Removing
diseased, dead, dying, decayed, interfering and obstructing branches. Before
pruning, the primary objective should be carefully defined.
a. The purpose of utility pruning is to remove branches in order to
prevent loss of service, present damage to equipment, avoid
impairment and to uphold the intended safe usage of the utility space.
b. The purpose of pruning trees other than for utility purposes is to
provide hazard reduction, maintenance, aesthetic pruning or specialty
pruning as defined in this standard.
2. To obtain the defined objective, the growth cycles of individual species as
well as the type of pruning to be performed should be considered.
3. Before beginning to work and while work is being performed, a qualified
Arborist shall visually inspect each tree for structural and plant health
problems. If a condition is observed that requires additional attention, the
person doing the inspection should inform an immediate supervisor or the
tree owner of such conditions in writing.
4. Tools used in making pruning cuts shall be kept sharpened to result in final
cuts with a smooth surface and secure remaining adjacent bark.
a. Anvil-type pruning tools shall not be used to prune either trees or
shrubs. When using a hook and blade-type hand pruner, lopper or
pole pruner, the hook portion of the cutting head should be positioned
on the outside portion of the branch to be removed.
b. The use of climbing spurs is not an acceptable work practice for
pruning operations on live trees. Climbing spur use is permissible on
tree removals and in emergencies where an aerial rescue must be
performed. Use of climbing spurs is a generally acceptable work
practice for pruning operations on certain palm species and trees
where limbs are greater than throw-line distance apart and only when
alternative methods for accessing the crown are impractical. Climbing
spurs should be removed when the climber has ascended and tied
into the tree.
Highway 111 Landscape Design Guidelines 24
c. Equipment and work practices that will damage the bark and cambium
should be avoided.
5. When removing a lateral branch at its point of origin on the trunk or parent
limb, the final pruning cut shall be made in branch tissue as close as possible
to the trunk or parent limb, without cutting into the branch collar or leaving a
protruding stub of branch tissue.
a. When reducing the top or length of a branch, prune to a lateral branch
at least one-half the diameter of the portion being removed. The cut
should approximately bisect the angle formed by the branch bark ridge
and an imaginary line perpendicular to the lateral branch cut line.
b. Before a branch is reduced, the ratio of live wood in the branch to leaf
surface should be considered carefully. Generally, not more than
one-third the total leaf surface area of any branch should be removed.
c. When removing a dead branch, the final cut shall be made just
outside the collar of live tissue. If the collar has grown out along the
branch stub, only the dead stub should be removed. The live collar
shall remain intact an uninjured.
d. To prevent damage to the parent limb when removing a small branch
or branch with a tight crotch, the final cut should be made from the
bottom of the branch up.
e. Tree branches shall be removed in such a manner to not cause damage
to other parts of the tree or to other plants or property. All branches too
large to support with one hand shall be precut to avoid splitting or tearing
of the bark. Where necessary, ropes or other equipment should be used
to lower large branches or stubs to the ground.
f. All cut limbs shall be removed from the crown upon completion of the
pruning. Under no condition shall any severed or partially cut branch
be left in the canopy of a tree after the tree worker leaves the job site.
6. Wound dressings and tree paints are not recommended for routine use when
pruning, except when specified by the Arborist or Landscape Architect for
disease, borer, mistletoe, sprout control, or cosmetic reasons.
a. If wound dressings or paints are used for cosmetic or other reasons,
then materials non-toxic to the cambium layer shall be used, and only
a light coating shall be applied to the wound surface. Asphalt base
coatings shall not be placed on tree wounds.
b. When tracing bark wounds, a qualified person shall remove only
damaged or loose bark, disturbing a minimal amount of live tissue.
c. Cavities shall not be filled or treated if the boundary reaction zones
are disturbed.
7. Pruning of trees shall only be performed under the supervision of an Arborist
by qualified tree workers, who through related training and/or on the job
experience, are familiar with the practices and hazards of arboriculture, and the
equipment used in such operations.
Highway 111 Landscape Design Guidelines 25
a. This standard shall not take precedence over safe work practices.
b. All applicable Occupational Safety and Health Administration (OSHA),
American National Standards, such as ANSI Z-133, as well as state
and local regulations shall be complied with.
8. Tree/Shrub Pruning Types:
a. The following pruning types are the general categories of pruning
used on all species of trees. The user should include one or several
of these types at any time an any particular tree or trees or any part of
a tree, depending on the desired results.
1). Hazard Reduction Pruning. Hazard reduction pruning is
recommended when the primary goal is to reduce the danger
to a specific target caused by visible defined hazards in a tree.
This pruning shall consist of the removal of dead, diseased,
obstructing, split and/or broken branches 2 inches (5.0 cm) in
diameter or greater. The removal of such described branches
is to include those inside the crown of the tree. Limbs
susceptible to failure from dense or heavy foliar masses
should be thinned.
2). Maintenance Pruning. Maintenance pruning is recommended
when the primary goal is emphasis on Hazard Reduction
Pruning, tree health and structure. Maintenance pruning shall
consist of the removal of dead, dying, diseased, interfering,
obstructing, split and broken branches and girdling roots. The
removal of such described branches is to include those within
the crown of the tree one inch in diameter or greater (2.5 cm).
3). Aesthetic Pruning. Aesthetic pruning is recommended when the
primary goal is emphasis on maintenance pruning, tree health,
structure and overall appearance. Aesthetic pruning shall consist
of the removal of dead, dying, diseased, interfering, obstructing,
split and broken branches 1/2 inch (1.25 cm) in diameter or
greater. Selective thinning may also be accomplished within the
entire tree or any specific branch, as needed. The main
difference between maintenance and aesthetic pruning is that the
branch diameter to be removed is smaller, thus a much finer job,
and selective thinning is incorporated.
4). Shrub Pruning. All non-hedge shrubs, free standing shrubs, and
desert plants (Desert Spoon, Texas Ranger, etc.), shall be
trimmed selectively by hand. Gas powered trimmers are
prohibited from use on shrubs.
b. Specialty Pruning:
1). Crown Reduction or Crown Shaping. Consideration should be
given to the ability of a species to sustain this type of pruning.
Crown reduction is the reduction of the top, sides or individual
limbs by the means of removal of the longest portion of a limb
to a lateral no less than 1/2 of the total diameter of the original
limb or no more than 1/3 of the leaf surface. In most cases,
Highway 111 Landscape Design Guidelines 26
one of the 3 previously mentioned pruning types will
accompany this procedure.
2). Crown Cleaning. Crown cleaning shall consist of one or more
of the following items: dead, dying, or diseased branches,
weak branches and watersprouts.
3). Crown Raising. Crown Raising shall consist of the removal of
the lower branches of a tree to provide clearance.
4). Crown Restoration. Crown restoration pruning should improve
the structure, form and appearance of trees which have been
severely headed or vandalized.
5). Crown Thinning. Crown thinning shall consist of the selective
removal of branches to increase light penetration, air
movement, and reduce weight.
6). Vista Pruning. Vista pruning consists of primary and selective
thinning to allow a specific view of an object from a
predetermined point.
9. Young Tree Pruning:
a. At Planting. When a young tree is planted, the following material shall
be removed: All deadwood, any broken or split branches, in addition
to any branches that are competing with the leader. Develop a central
trunk or leader by removing double or multiple leaders and vigorously
growing upright branches competing with the leader.
b. Between three and four years. At this tree growth stage, begin the
development of a strong scaffold branches structure by identifying the
primary scaffold branches. To make improvement to the structure,
remove branches which are crossing or interfering with the scaffold
branches. These scaffold branches should be properly spaced. For
deciduous shade trees which will reach or exceed 40 feet in height at
maturity, the recommended spacing between primary scaffold
branches is about 18 inches. For smaller species, 6 to 8 inches
should be the recommended spacing.
c. Between five and seven years. During the juvenile growth stage, the
following woody plant tissue should be removed to continue the
development of good structurally sound scaffold branch system with a
central trunk/leader. All dead, interfering, split, and broken branches
should be removed. Branches with narrow angles shall be removed
from the trunk or canopy. Lower branches shall be raised (under-
clearance) so as not to interfere with human needs where appropriate.
10. Utility Pruning.
The purpose of utility pruning is to remove branches in order to prevent the
loss of service, prevent damage to equipment, avoid impairment and to
uphold the intended safe usage of the utility space.
a. Due to the specialized nature of pruning trees near electric utility lines,
only a qualified line clearance tree trimmer or qualified line clearance
Highway 111 Landscape Design Guidelines 27
tree trimmer trainee should be assigned to line clearance work as per
ANSI Z133.1, 29 CFR 1910.331-335, 29 CFR 1910.268, and/or 29
CFR 1910.269 (publication pending).
b. Utility Crown Reduction Urban/Residential Environment
1). Urban/residential pruning cuts should be made according to
Section 2.03.A hereof.
2). A minimum number of cuts should be made to accomplish the
purpose of utility pruning. The natural shape of the tree should
be considered.
3). Trees directly under and growing into the facility/utility should
be pruned by removing entire branches or by removing
branches that have sprouts growing into or, once pruned, will
grow into the facility/utility space.
4). Trees growing along the side and growing into or toward the
facility/utility space should be pruned by removing entire
branches. Branches that, when cut, will produce sprouts that
would grow into facilities and/or utility space should be removed.
5). Limbs should not be cut at the edge of a pre-established
clearing limit. That is, all cuts should be made a nodes. Cuts
at the top of branches between nodes should be avoided.
c. Utility Crown Reduction Pruning Remote/Rural Environment
1). Utilities must often maintain facilities/corridors at remote
locations in forests. The trees in these locations are not
usually considered as individual specimens but rather have
value by being part of a whole forest. In such locations, it may
be appropriate to use a mechanical pruning method.
2). Cuts should be made close to the main stem, outside of the
branch bark collar.
3). Precautions should be taken to avoid stripping or tearing of
bark or excessive wounding.
11. Emergency Service Restoration
During a declared emergency, utilities must restore service as quickly as
possible in accordance with ANSI Z133.1, 29 CFR 1910.331-335, 29 CFR
1910,268 and/or 29 CFR 1910.269 (publication pending). At such times it
may be necessary, because of safety and the urgency of service restoration,
to deviate from the use of proper pruning techniques as defined in this
standard. Following the declared emergency, corrective pruning should be
done as necessary.
12. Referenced ANSI
These standards are intended to be used with the following American
National Standards. When these referenced standards are superseded by a
Highway 111 Landscape Design Guidelines 28
revision approved by the American National Standards Institute, Inc., the
revision shall apply:
ANSI Z133.1 For Tree Care Operations - Pruning, Trimming, Repairing,
Maintaining, and Removing Trees, and Cutting Brush - Safety Requirements.
13. Referenced Federal Regulations.
a. Occupational Safety and Health Standard, 29 CFR 1910.331-335,
subpart S - Electrical Safety-Related Work Practices.
b. Occupational Safety and Health Standard, 29 CFR 1910.269
Telecommunications.
c. Occupational Safety and Health Standard, 29 SFR 1910.269,
Electrical Safety-Related Work Practices (publication pending).
14.Appendixes/Glossary of Terms
ANVIL-TYPE PRUNER - Pruning tool which has a sharp blade which cuts onto
an anvil-type metal cutting surface. (See Hook and Blade-Type Pruners.)
ARBORIST - A professional possessing the technical competence through
experience and related training to provide for or supervise the management of
trees and other woody plants in the residential, commercial and public landscape.
BOUNDARY REACTION ZONE - A separating boundary between wood present
at the time of wounding and wood that continues to form after wounding.
BRANCH - A secondary shoot or stem arising from one of the main axes (i.e.,
trunk or leader) of a tree or woody plant.
BRANCH COLLAR - Trunk tissue that forms around the base of a branch
between the main stem and the branch. As a branch decreases in vigor or
begins to die, the branch collar becomes more pronounced.
BRANCH SIZE - A minimum or maximum diameter size of branches to be
removed should be specified in all pruning operations. This establishes how
much pruning is to be done.
BRANCH BARK RIDGE - Raised area of bark in the branch crotch that marks
where the branch wood and trunk wood meet.
CALLUS - Tissue formed by the cambium layer around a wood site.
CAMBIUM - Dividing layer of plant cells that forms sapwood (xylem) to the
inside and bark (phloem) to the outside.
CLIMBING SPURS - A sharp pointed devise affixed to the climbers leg used
to assist in climbing (aka gaffs, hooks, spurs, spikes, climbers).
CLOSURE - The process of wound-wood covering a cut or other tree wound.
Highway 111 Landscape Design Guidelines 29
CROTCH - The point of attachment between a branch and another branch,
leader or trunk of a woody plant.
CUT - The exposed wood area resulting from the removal of a branch.
DECAY - Degradation of woody tissue as caused by certain biological organisms.
FACILITY - Equipment or structures used to deliver, or provide protection for
the delivery of an essential service such as electricity.
FALSE CROTCH - Loops of rope or a pulley device used to support a load-
line or a climbing line.
GIRDLING ROOTS - Roots located above or below ground whose circular
growth around the base of the trunk or over individual roots applies pressure
to the bark area, ultimately restricting sap flow and trunk/root growth,
frequently resulting in reduced vitality of the plant.
HEARTWOOD - The inactive xylem (wood) that provides structural support;
found beneath the sapwood.
HOOK AND BLADE PRUNER - Pruning tool which has a sharpened blade
which overlaps a supporting hook (see Anvil-Type Pruners).
LATERAL - A branch or twig growing laterally from the parent branch or stem.
LEADER - A dominant upright stem, usually the main trunk. There can be
several leaders in one tree.
LIMB - Same as branch, but usually larger and more permanent.
MYCELIUM - Mass of fungus tissue growth, often found under bark or in
rotted wood.
OBSTRUCTING - To hinder, block, close off, or be in the way of; to hinder or
retard a desired effect or shape.
QUALIFIED TREE WORKER - A worker who, through related training on-the-job
experience, is familiar with the hazards of pruning, trimming, repairing,
maintaining, or removing trees, with the equipment used in such operations, and
has demonstrated ability in the performance of the special techniques involved.
QUALIFIED TREE WORKER TRAINEE - Any worker undergoing on-the-job
training who, in the course of such training, is familiar with the hazards of
pruning, trimming, repairing, maintaining, or removing trees with the
equipment used in such operations, and has demonstrated ability in the
performance of the special techniques involved. Such trainees shall be under
the direct supervision of qualified personnel.
REMOTE/RURAL - Areas associated with very little human activity.
SAPWOOD - The active xylem (wood) that stores and transports water and stores
carbohydrates; a wood layer of variable thickness found immediately inside the
cambium, comprised of water-conducting vessels and living plant cells.
Highway 111 Landscape Design Guidelines 30
SHALL - As used in this standard, denotes a mandatory requirement.
SHOULD - As used in this standard, denotes an advisory recommendation.
TARGET - A person, structure or object which could sustain damage from the
failure of a tree or portion of a tree.
THINNING - The removal of branches to open up or reduce the crown.
TRACING - Shaping a wound by removing loose bark from in and around a
wound, usually resulting in an elliptical shape with no pointed apex.
URBAN/RESIDENTIAL - Locations normally associated with human activity
such as densely populated areas including public and private property.
UTILITY - An entity that delivers a public service such as electricity and
communication.
UTILITY SPACE - The physical area occupied by the utility's facilities and the
additional space required to assure its operation.
WOUND - The opening that is created any time the tree's protective bark
covering is penetrated, cut, or removed, injuring or destroying living tissue.
Pruning a live branch creates a wound, even when the cut is properly made.
XYLEM - Wood tissue; usually, active xylem is called sapwood, inactive
xylem is called heartwood.
B.Loss or Damage to Plant Material by Contractor
Shrubs, trees and plants damaged or killed due to the Contractor's operations,
negligence or chemicals, shall be replaced at no cost to the Owner.
C.Disease and Harmful Insect Control
Monthly inspections shall be made for evidence of disease and/or harmful insects. If
evidence of such is found, a report shall immediately be submitted to the Landscape
Architect. The report shall include:
1. Exact location(s) where disease and/or harmful insects are prevalent.
2. Contractor's opinion of the type of disease and/or insect.
3. Contractor's recommendations for control and elimination of disease and/or
harmful insects.
D.Pest Prevention and Control
1. The Contractor shall be responsible for detection, prevention, elimination and
control of diseases, harmful insects and weeds in the turf, shrubs, trees and
groundcover areas. The Contractor shall select and supply proper materials
and licensed personnel and obtain necessary permits to comply with all city,
county, state and federal regulations or laws.
Highway 111 Landscape Design Guidelines 31
2. Contractor will assume responsibility and liability for the use of all chemical
controls. Pests and diseases to include, but not limited to, all insects, mites
and other harmful organisms.
3. Chemical controls to include necessary use of herbicides and plant growth
regulators. Mechanical means, as well as chemicals may control pests.
E.Rodent Control
The Contractor shall be required to hire, as subcontractor, a professional who is in
business strictly for the purpose of controlling rodents. The Contractor shall be
responsible for overseeing the subcontractor to assure the control of all rodents, as
required in all landscaped areas.
F.Clean Up
1. The Contractor shall be responsible for keeping the entire area, including
hardscape areas, free of debris such as papers, bottles, cans, glass, dirt, etc.
Debris shall be removed Monday, Wednesday and Friday of each week. The
Contractor shall be responsible for trash removal from the sites.
2. Contractor shall remove all debris resulting from the maintenance operations
and dispose of it off-site. All grass clippings deposited on roadways or walks
shall be picked up after each mowing or trimming operation.
3. All debris resulting from any of the Contractor's operations shall be removed
and disposed of legally at the Contractor's expense. No debris will be
allowed to remain at the end of the workday.
4. All walkways will be kept clean and care shall be taken not to create
unnecessary hazards to the walking surface.
5. Unless otherwise indicated or directed, the Contractor shall provide a general
clean-up operation at least once a week for the purpose of picking up debris
which may accumulate from use of the area, windblown debris, dropped twigs
or branches, leaves or paper in the landscape area.
G. Irrigation System (Computer Controlled)
1.Operation
a. The water schedule will be established and programmed by the City's
landscape maintenance supervisor. Application rates will be based
on the amount the planting areas are capable of receiving without
excessive runoff. The irrigation system's schedule shall be reviewed
with the City.
b. In determining rates of application, soil type, topography and weather
conditions will be taken into consideration. The project is equipped
with an automatic system which provides for repeat cycles. Applying
water over short periods of time will allow for proper infiltration and
thereby minimize runoff.
c. Sprinkler heads shall be kept clear of overgrowth which may obstruct
Highway 111 Landscape Design Guidelines 32
maximum operation.
d. Contractor will avoid manual activation of automatic valves.
e. Contractor will keep system in operation by valve or head adjustment
to keep all systems operating at manufacturer's recommended
operating pressures. This shall be accomplished by valve throttling
and pressure gauge.
f. Contractor will be responsible for hand watering any areas not
provided with an irrigation system, or any area resulting from the
physical breakdown of the irrigation system.
2.Maintenance
a. The Contractor shall be responsible for the cost of cleaning, repair,
adjustment and replacement of irrigation system components, with the
exception of irrigation controllers and backflow protection devices.
b. The Contractor shall be responsible for the cost of cleaning, repair,
adjustment and replacement of all items listed in the foregoing
paragraphs in addition to the following:
Pipe
Pipe Fittings
Remote Control Valve Wiring
Remote Control Valves
Manual Control Valves
Quick Coupler Valves
Sprinkler Heads
Valve Boxes
c. Replacement of any item shall be with an item of identical design,
unless otherwise specified in writing by the City.
1). The following specifications are provided for replacement of
plastic pipe and plastic pipefittings:
a) Plastic pipe shall be polyvinyl chloride (PVC) Schedule
40, Type 1, Grade 2 (PVC 1220).
b) Plastic pipefittings and connections shall be PVC
Schedule 40.
2). The Contractor shall inspect and examine the irrigation system
while water is on twice per month.
3). Any part of the system not functioning normally shall
immediately be cleaned, adjusted, repaired or replaced.
4). Contractor shall be responsible for adjusting height of risers
necessary to compensate for plant material growth.
5). Automatic controllers will be kept locked at all times.
Highway 111 Landscape Design Guidelines 33
2.03 MISCELLANEOUS
A.Inspection
The Contractor shall be responsible for notifying Owner upon discovery of damage to
facilities (i.e. drinking fountains, lighting poles and fixtures, etc.) which could be a
potential health and safety hazard or could be an inconvenience to the general public.
B. Inspections will be made by the Contractor on a weekly basis and/or at the request of
the City.
2.04 FERTILIZATION
A.General
Fertilizers shall be dry, pelletized formation, as specified. Application shall be in
accordance with indicated rates and times.
B.Method of Application
In making application of fertilizer granules, caution shall be taken to contain these
materials in the planting areas. Avoid use of cyclone spreaders which tend to throw
material into paved areas, etc. Use gravity flow spreaders when possible to keep
material contained in planting areas.
C.Timing of Application
When climatic factors may cause problems of general containment of fertilizer
materials, adjustment of the fertilizer schedule may be necessary. Avoid application
of fertilizers prior to forecasted rainy weather, etc., which might affect stability. After
fertilizer application, monitor watering schedule to eliminate runoff of fertilizer
materials in solution.
D.Trees and Shrubs
Agriform 21 grams plant tablets shall be applied to trees and shrubs that require
supplemental feeding. Annual fall feeding shall be done in accordance with the rates
indicated. Place tablets 6 to 8 inches deep.
PRODUCT ANALYSISTIMERATE PER 1,000 S.F.
20-10-5 As required 1 gal plant - 1 tablet
5 gal plant - 2-3 tabs
mature trees - 1 tab
per 1/2" of caliper
PART 3 - CLEAN UP
Contractors shall remove all debris associated with his work from the project site on a daily basis.
Contractor is responsible for providing proper debris receptacles, or disposing of debris off site.
All receptacles or off site disposal must conform to state and local codes. Contractor is responsible
for identifying any waste associated with his work which may be deemed as being "hazardous" as
defined by the EPA, and disposing of it per EPA regulations.
Highway 111 Landscape Design Guidelines 34
DDepartmennt Report: _____________
1
TO: Thhe Honorabble Mayor and Membeers of the Ciity Council
FROMM: Frrank J. Spevvacek, City Manager
DATEE: Juune 16, 20115
SUBJJECT: CIITY INTERNS AND VOLLUNTEERS
The City utilizess interns too provide sstudents with practicaal working experiencee,
whicch complemments their academmic coursewwork. Thee program allows foor
indivviduals enroolled in a vverified school to inteern with thee City for aan academiic
quarrter or semmester for aapproximately 20 hoours per weeek. Interrns receiveed
educcational creedit as a paart of their experiencee with the City; they aare not paiid
and do not peerform on-going work assignments. Thhe City entters into aan
agreement witth the eduucational innstitution iidentifying the requirements oon
both parties. Partnershipss exist withh California State Univversity, Sann Bernardinno
and College of the Desertt. The Cityy will be addding the UUniversity oof Californiia
Riverrside and UUniversity of Redlands to its partnnership list.
At thhe May 15, 2015 Couuncil Meeting, Counciil MemberLee Osborrne raised a
conccern over Innternal Revvenue Servvice (I.R.S.) requiremeents on unppaid internss.
The IRS has a six factorss test, as shown in AAttachmentt 1, to justiify the nonn-
paymment of interns. The CCity meets all of thesse factors aas a part off its existinng
interrnships.
In adddition, an individual can also vvolunteer wwith the City if they ddo not havve
the affiliation of their eeducationall institutionn. Often, students seeking an
interrnship (withh educationnal credit) wwill have too work withh the univeersity well iin
advaance of thee beginningg of the academic quuarter or seemester. VVolunteerinng
with the City is unpaid, coompliant wiith the requuirements, and allows the City tto
swifttly bring someone on as a voluntteer.
Lastlly, staff suurveyed Cooachella Vaalley citiess on a paiid internshhip programm
(Attaachment 2)). Five of thhe cities haave a paid program raanging anyywhere fromm
$9 per hour to $15.48 per hour. While staff believes the unpaid arrangements
are adequate, should the City Council wish to explore a paid internship program
it would cost approximately $2,400 per intern at $12.00 per hour for a 10-week
internship. This would be the fully loaded cost per intern. In addition, staff
would require a two-week turnaround time to set up and advertise for paid
interns. Still, affiliation with an educational institution would be required.
Staff is seeking Council direction on whether or not to establish a paid
internship program. Since funds for an internship program have not been
included in the proposed 2015/2016 budget, funding would come from
unassigned General Fund reserves.
Attachments: 1. IRS Fact Sheet on Interns
2. Survey
ATTACHMENT1
U.S. Department of Labor
Wage and Hour Division
(April 2010)
Fact Sheet #71: Internship Programs Under The Fair Labor Standards Act
This fact sheet provides general information to help determine whether interns must be paid the minimum wage
and overtime under the Fair Labor Standards Act for the services that they provide to Åfor-profitÆ private sector
employers.
Background
The Fair Labor Standards Act (FLSA) defines the term ÅemployÆ very broadly as including to Åsuffer or permit
to work.Æ Covered and non-exempt individuals who are Åsuffered or permittedÆ to work must be compensated
under the law for the services they perform for an employer. Internships in the Åfor-profitÆ private sector will
most often be viewed as employment, unless the test described below relating to trainees is met. Interns in the
Åfor-profitÆ private sector who qualify as employees rather than trainees typically must be paid at least the
minimum wage and overtime compensation for hours worked over forty in a workweek.
The Test For Unpaid Interns
There are some circumstances under which individuals who participate in Åfor-profitÆ private sector internships
or training programs may do so without compensation. The Supreme Court has held that the term "suffer or
permit to work" cannot be interpreted so as to make a person whose work serves only his or her own interest an
employee of another who provides aid or instruction. This may apply to interns who receive training for their
own educational benefit if the training meets certain criteria. The determination of whether an internship or
training program meets this exclusion depends upon all of the facts and circumstances of each such program.
The following six criteria must be applied when making this determination:
1.The internship, even though it includes actual operation of the facilities of the employer, is similar to
training which would be given in an educational environment;
2.The internship experience is for the benefit of the intern;
3.The intern does not displace regular employees, but works under close supervision of existing staff;
4.The employer that provides the training derives no immediate advantage from the activities of the intern;
and on occasion its operations may actually be impeded;
5.The intern is not necessarily entitled to a job at the conclusion of the internship; and
6.The employer and the intern understand that the intern is not entitled to wages for the time spent in the
internship.
If all of the factors listed above are met, an employment relationship does not exist under the FLSA, and the
ActÈs minimum wage and overtime provisions do not apply to the intern. This exclusion from the definition of
employment is necessarily quite narrow because the FLSAÈs definition of ÅemployÆ is very broad. Some of the
most commonly discussed factors for Åfor-profitÆ private sector internship programs are considered below.
Similar To An Education Environment And The Primary Beneficiary Of The Activity
In general, the more an internship program is structured around a classroom or academic experience as opposed
to the employerÈs actual operations, the more likely the internship will be viewed as an extension of the
individualÈs educational experience (this often occurs where a college or university exercises oversight over the
internship program and provides educational credit). The more the internship provides the individual with skills
that can be used in multiple employment settings, as opposed to skills particular to one employerÈs operation,
the more likely the intern would be viewed as receiving training. Under these circumstances the intern does not
perform the routine work of the business on a regular and recurring basis, and the business is not dependent
upon the work of the intern. On the other hand, if the interns are engaged in the operations of the employer or
are performing productive work (for example, filing, performing other clerical work, or assisting customers),
then the fact that they may be receiving some benefits in the form of a new skill or improved work habits will
not exclude them from the FLSAÈs minimum wage and overtime requirements because the employer benefits
from the internsÈ work.
Displacement And Supervision Issues
If an employer uses interns as substitutes for regular workers or to augment its existing workforce during
specific time periods, these interns should be paid at least the minimum wage and overtime compensation for
hours worked over forty in a workweek. If the employer would have hired additional employees or required
existing staff to work additional hours had the interns not performed the work, then the interns will be viewed as
employees and entitled compensation under the FLSA. Conversely, if the employer is providing job shadowing
opportunities that allow an intern to learn certain functions under the close and constant supervision of regular
employees, but the intern performs no or minimal work, the activity is more likely to be viewed as a bona fide
education experience. On the other hand, if the intern receives the same level of supervision as the employerÈs
regular workforce, this would suggest an employment relationship, rather than training.
Job Entitlement
The internship should be of a fixed duration, established prior to the outset of the internship. Further, unpaid
internships generally should not be used by the employer as a trial period for individuals seeking employment at
the conclusion of the internship period. If an intern is placed with the employer for a trial period with the
expectation that he or she will then be hired on a permanent basis, that individual generally would be considered
an employee under the FLSA.
Where to Obtain Additional Information
This publication is for general information and is not to be considered in the same light as official statements of
position contained in the regulations.
For additional information, visit our Wage and Hour Division Website: http://www.wagehour.dol.gov
and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-
4USWAGE (1-866-487-9243).
U.S. Department of Labor1-866-4-USWAGE
Frances Perkins Building TTY: 1-866-487-9243
200 Constitution Avenue, NW
Contact Us
Washington, DC 20210
The FLSA makes a special exception under certain circumstances for individuals who volunteer to perform services for a state or
local government agency and for individuals who volunteer for humanitarian purposes for private non-profit food banks. WHD also
recognizes an exception for individuals who volunteer their time, freely and without anticipation of compensation for religious,
charitable, civic, or humanitarian purposes to non-profit organizations. Unpaid internships in the public sector and for non-profit
charitable organizations, where the intern volunteers without expectation of compensation, are generally permissible. WHD is
reviewing the need for additional guidance on internships in the public and non-profit sectors.
ATTACHMENT2
CITY INTERN SURVEY
DEPARTMENTREPORT:3
DEPARTMENTREPORT:4
CDD
CDD
OMMUNITYEVELOPMENTEPARTMENT
OMMUNITYEVELOPMENTEPARTMENT
C C
USTOMERENTER
CityÔs goals and policies.
Planning Activity
ANIMAL CONTROL ACTIVITY
CODE COMPLIANCE ACTIVITY
(
DEPARTMENTREPORT:5
TO: Honoorable Mayoor and Memmbers of thee City Counncil
FROM: Edie HHylton, Depputy City Maanager
DATE: June 16, 2015
TT: COMMMUNITY SERRVICES REPPORT MAYY 2015
SUBJEC
Upcoming events oof the Community Serrvices Depaartment forr July 2015::
Daily Acctivities Social Bridge
Mah Jonggg
Advance Ukulele
Events July Lunccheon
Live Well Clinic Heallthy Living Lecture
*Live Welll Clinic Fammily Health//Nutrition LLecture, LQQ Library
Fitness Morning WWorkout
Mat Pilatees
Sunset Yooga
Interval TTraining AMM & PM
Leisure Piano Parrty Beginneers - Advancced
Art Attack
On the Raadio Camp
AARP Saffe Driver
Chakra Dance
*Dance, PPlay and Preetend, La QQuinta Highh School & BB&G Club
*Beginninng Ballet, Laa Quinta Hiigh School
Sports/AAquatics Rojas Taeekwondo
Tiny Tigerrs
*Rojas Maartial Arts, La Quinta HHigh Schoool
*Summerr Golf Tour, Marriott Shhadow Ridgge
*Summerr Golf Tour, SilverRock Resort
*Summerr Golf Tour, Nicklaus Toournamentt Course att PGA West
*Summerr Golf Tour, Indian Weells Countryy Club, Covee Course
*Dennotes classees/events hheld at otheer locationss
Community Services Department
Attendance Report for May 2015
Summary Sheet
Sessions Per Month
Program20152014Variance20152014
Leisure Classes15981785132
Special Events *60565-50512
Sports **409558-1492124
Wellness Center5473971507546
Wellness Center (Free Services)2019910210049
Total1,3761,700-324248153
Wellness Center Fitness
Fitness Center3,29703,297780
Total3,29703,297780
Sports User Groups
La Quinta Park
AYSO 15015001617
Desert Boot Camp50500810
Sports Complex
La Quinta Youth & Sports450500-502323
Colonel Mitchell Paige
Friday Night Lights5754001751920
Facility/Park Rentals
Wellness Center
(Private Party)200020010
Library
(Sunday Church)3753007554
Classroom550600-501112
Community Room300030060
Museum
Meeting Room84060780141
Boys & Girls Club Gym
(Sunday Church)500050050
Civic Center Campus
(Private Party)050-5001
Park Rentals
La Quinta Park 100100022
Fritz Burns Park50150-10013
Total4,1402,3601,78011193
Total Programs8,8134,0604,753437246
Volunteer Hours
Wellness Center 106227-121
Total Volunteer Hours106227-121
Community Services Department
Program Report for May 2015
2015201420152014
ParticipantsParticipantsVarianceMeetingsMeetings
Leisure Classes
Guitar - Beginning & 2nd Level70780
La Quinta Glee3903940
Ballroom Dancing2902940
Sunset Yoga80870
Taekwondo 4 - 8 (Beg.)1624-878
Taekwondo 4 - 8 31161578
(Inter.)
Taekwondo 9yrs-Up1820-278
Rojas Martial Arts 4 - up1121-1078
Totals15981785132
2015201420152014
ParticipantsParticipantsVarianceMeetingsMeetings
Special Events
Moonlight MoviesCANCELEDDUE TOSTRONGWINDS
Cancer Outreach Event6006010
Totals6006010
2015201420152014
ParticipantsParticipantsVarianceMeetingsMeetings
Sports
Open Gym Basketball191187488
Open Gym Volleyball113114-188
Disc Golf Tourney @ Campus30201011
Y-Tri (youth triathlon)50150-10011
Y Rookies T-Ball2540-1534
Totals409511-1022122
Community Services Totals628592367354
Wellness Center Program Report for May 2015
Fitness Member Visits310803108260
Daily Fitness Drop-ins @ $530030260
Memberships Sold1590159260
Fitness Center Total329703297780
ParticipationParticipationVarianceMeetingsMeetings
2015201420152014
Volunteers
Wellness Center2124-3n/an/a
Hours106227-121n/an/a
ParticipationParticipationVarianceMeetingsMeetings
2015201420152014
Wellness Activities/Social Services (Free)
Wellness Activities5473971507546
Wellness Activities/Services Total5473971507546
ParticipationParticipationVarianceMeetingsMeetings
2015201420152014
Wellness Classes/ Programs
Fitness
Chair Yoga & Yoga for Health54178
Mat Pilates910-11212
Morning Workout232301212
Tai Chi 26026240
(Arthritis, Beg., & Interm.)
Drop-in Participation17017130
Leisure
Chair Massage50520
Tiny Tigers50580
Beginning Computers70730
Open Game Play
Bridge: Social3432235
Mah Jongg5230221212
Mexican Train Dominos1801840
Wellness Classes/Programs Total2019910210049
WELLNESS CENTER TOTAL4045496354925395
Community Services Department
Monthly Revenue Report for May 2015
Monthly Revenue - Facility Rentals20152014Variance
Library 1,444.00$ 1,281.00$ 163.00$
Museum375.00$ -$ 375.00$
Wellness Center750.00$ -$ 750.00$
Parks245.00$ 605.00$ (360.00)$
Sports Fields1,235.00$ 600.00$ 635.00$
Monthly Facility Revenue 4,049.00$ 2,486.00$ 1,563.00$
Monthly Revenue
Wellness Center3,316.00$ 1,637.00$ 1,679.00$
Fitness Memberships & Daily Passes8,125.00$ -$ 8,125.00$
Community Services 13,962.00$ 7,408.00$ 6,554.00$
Total Revenue25,403.00$ 9,045.00$ 16,358.00$
Revenue Year to Date
Facility Revenue42,876.00$ 35,761.00$ 7,115.00$
Wellness Center29,163.00$ 36,002.50$ (6,839.50)$
Fitness Memberships & Daily Passes62,290.00$ -$ 62,290.00$
Community Services66,812.00$ 67,970.00$ (1,158.00)$
Total Revenue to Date201,141.00$ 139,733.50$ 61,407.50$
DEPARTMENTREPORT:6
TO: Honorable Mayor and Members of the City Council
FROM: Timothy R. Jonasson, P.E., Public Works Director/City Engineer
DATE: June 16, 2015
SUBJECT: PUBLIC WORKS DEPARTMENT REPORT FOR MAY 2015
0-
For the month of May, the total for all maintenance expenditures recorded in
GORequest was $70,561, with irrigation/weeds/shrub/tree trimming, street
sweeping, storm drain repair, and traffic signals being among the highest tasks
in terms of cost. Public Works maintenance workers recorded over 1,100 task
hours associated with this work. A detailed breakdown of tasks and associated
costs is presented in the attached pie chart (Attachment 1).
1-
Residents continue to submit customer satisfaction surveys through the
GORequest system. The Public Works Department received six surveys in the
month of May, with residents commenting on how staff handled reported
issues. Employees were rated on their effectiveness, response time, and
courtesy. A summary of responses is provided below and detailed surveys are
provided as Attachment 2:
100 percent of respondents rated Employee Courtesy as Superior
100 percent of respondents rated Response Times as Superior or
Good
100 percent of respondents indicated Exceeded or Met under
Expectations Met
100 percent of respondents rated Employee Effectiveness as Superior
or Good
Surveys also include positive feedback from residents such as:
I like that my
problem was resolved quickly, and that the City of La Quinta let me know what
the problem was and how and when they resolved it. Thanks
2-
The City selected a consultant to perform water quality inspection services to
comply with National Pollutant Discharge Elimination System requirements.
Letters have been sent to affected businesses with inspections anticipated to
start in mid to late June. The City is now required to perform these annual
inspections of restaurants, service stations and other potential storm water
dischargers since the County Department of Environmental Health ceased
performing them at the beginning of 2015.
3-
A pre-construction meeting was scheduled for May 27 for the Perimeter
Landscaping of City-owned Lots Project, with work anticipated to begin on June
1.
4-
Granite Construction Company is executing contracts for the Adams
Street/Corporate Center Drive Signal and Street Improvements Project and is
expected to do the work over the summer while school is not in session.
5-
On-site construction continues at the Century Theatre Project, located at the
corner of Washington Street and Avenue 47. Contractors are working on the
theatre walls and underground storm water retention chamber.
6-
On-site water, sewer, and storm drain construction continues at the Signature
Project, located within the PGA West development at Avenue 54 and Jefferson
Street.
7-
On-site construction of homes continues at: Andalusia (Madison Street
between Avenue 58 and Avenue 60) and Griffin Ranch (Madison Street and
Avenue 54).
8-
On-site sewer and water have begun at the Monterra project located on Monroe
Street just north of Airport Boulevard.
Attachments: 1. Maintenance Expenditures by Task for May
2. Customer Satisfaction Survey Details for May
ATTACHMENT 1
ATTACHMENT 2
REPORTSANDINFORMATIONALITEM:
22