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2015 07 07 CC4 441thit City Council agendas and staff reports are now available on the City's web page: www.ia-quinta.org CALL TO ORDER CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 78-495 Calle Tampico, La Quinta REGULAR MEETING ON TUESDAY, JULY 7, 2015 3:00 P.M. CLOSED SESSION 4:00 P.M. OPEN SESSION 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). JOINT CLOSED SESSION OF CITY COUNCIL AND HOUSING AUTHORITY 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT: THE SOUTHEAST CORNER OF WASHINGTON STREET AND HIDDEN RIVER ROAD (APNs 609-040-007, 609-040-023, 609-040-028, 609-040-029, 609-051-007 AND 609-051-003) CITY NEGOTIATOR: FRANK J. SPEVACEK, CITY MANAGER NEGOTIATING PARTIES: SANDER AND PAULA SALKIND, URBAN HOUSING COMMUNITIES AND COACHELLA VALLEY HOUSING COALITION UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT: SILVERROCK RESORT (APNS 770-200-026; 776-150-021; 776-150-023; 770- 060-056; 770-060-057; 770-060-058; 770-060-059; 770-060-061; 770-060- 062; 777-490-004; 777-490-006; 777-490-007; 777-490-012 AND 777-490- 014); CITY COUNCIL AGENDA 1 July 7, 2015 AGENCY NEGOTIATOR: FRANK J. SPEVACEK, CITY MANAGER, NEGOTIATING PARTY: SILVERROCK DEVELOPMENT, LLC. UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT FOR ACQUISITION AND/OR DISPOSITION OF THE PROPERTY IDENTIFIED 3. CONFERENCE WITH LABOR NEGOTIATOR, WILLIAM H. IHRKE, CITY ATTORNEY, REGARDING UNREPRESENTED EMPLOYEE FRANK J. SPEVACEK, CITY MANAGER, PURSUANT TO GOVERNMENT CODE SECTION 54957.6 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 1. EMERGENCY SERVICES PRESENTATION CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAG E 1. APPROVE MINUTES OF JUNE 16, 2015 7 2. APPROVE REDUCTION OF REGULAR CITY COUNCIL MEETINGS TO 17 ONE PER MONTH DURING AUGUST AND SEPTEMBER 2015 BY CANCELLING REGULAR MEETINGS OF AUGUST 18 AND SEPTEMBER 1, 2015 3. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORTS FOR THE MONTHS OF MARCH, APRIL AND MAY 2015 4. RECEIVE AND FILE TREASURER'S REPORT FOR THE MONTH ENDED APRIL 2015 CITY COUNCIL AGENDA 2 July 7, 2015 19 35 5. APPROVE DEMAND REGISTERS DATED MAY 29, JUNE 3, 12 AND 19, 2015 PAGE 47 6. APPROVE INTERAGENCY AGREEMENT WITH RIVERSIDE COUNTY AND 77 ACCEPT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM FUNDS 7. DENY THE CLAIM FOR DAMAGES FILED BY CYNTHIA DOMINGUEZ; 97 DATE OF LOSS - MAY 7, 2015 8. DENY THE CLAIM FOR DAMAGES FILED BY MAYRA MARTINEZ; DATE 99 OF LOSS - MAY 7, 2015 9. EXCUSE ABSENCES FOR PLANNING COMMISSIONERS BETTENCOURT 101 AND WRIGHT AND COMMUNITY SERVICES COMMISSIONER JOHNSON 10. AUTHORIZE OVERNIGHT TRAVEL FOR HUMAN RESOURCES/RISK MANAGER TO ATTEND CALIFORNIA JOINT POWERS INSURANCE AUTHORITY ANNUAL EDUCATIONAL FORUM FROM SEPTEMBER 23- 25, 2015 IN SAN FRANCISCO, CALIFORNIA 103 11. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH THE ALTUM 105 GROUP FOR THE VILLAGE BUILDOUT PLAN ENVIRONMENTAL IMPACT REPORT 12. APPROVE MEMORANDUM OF UNDERSTANDING WITH COACHELLA VALLEY RESCUE MISSION TO SUPPORT OPERATIONS 147 13. ADOPT RESOLUTION REQUESTING COUNTY OF RIVERSIDE TO PLACE 153 COLLECTION COSTS FOR SOLID WASTE HANDLING SERVICES AT SINGLE-FAMILY DWELLINGS ON TAX ROLLS [RESOLUTION 2015-030] 14. ADOPT RESOLUTION TO EXTEND TIME TO COMPLETE OFF-SITE AND ON-SITE IMPROVEMENTS FOR PALIZADA, LOCATED SOUTH OF AVENUE 60 AND EAST OF MONROE STREET [RESOLUTION 2015-031] 15. ITEM PULLED FROM AGENDA 16. ADOPT RESOLUTION TO EXTEND TIME TO COMPLETE ON-SITE IMPROVEMENTS FOR THE RESIDENCE CLUB AT PGA WEST DEVELOPMENT [RESOLUTION 2015-032] CITY COUNCIL AGENDA 3 July 7, 2015 165 173 191 17. ADOPT RESOLUTION TO EXTEND TIME TO COMPLETE OFF-SITE AND ON-SITE IMPROVEMENTS FOR A THREE LOT SUBDIVISION NORTH OF CALLE AMIGO AND EAST OF AVENIDA BERMUDAS [RESOLUTION 2015- 033] PAG E 197 18. APPROVE OVERNIGHT TRAVEL FOR FIVE COUNCILMEMBERS AND 203 CITY MANAGER TO ATTEND LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN SAN JOSE, CALIFORNIA, SEPTEMBER 30 TO OCTOBER 2, 2015 19. APPROVE CONTRACT SERVICES AGREEMENT WITH AVIR 205 INCORPORATED FOR COUNCIL CHAMBER AUDIO/VIDEO/CONTROL SYSTEM REPLACEMENT 20. REJECT ALL BIDS AND AUTHORIZE READVERTISEMENT OF THE 235 INTERIOR PHASE OF THE LIBRARY 10TH ANNIVERSARY IMPROVEMENTS PROJECT 21. AWARD CONTRACT TO AMERICAN ASPHALT SOUTH, INC. FOR FISCAL YEAR 2015/16 SLURRY SEAL PROGRAM 22. AWARD CONTRACT TO NEW CONSTRUCTION SOLUTIONS INC. FOR PHASE I OF THE AMERICANS WITH DISABILITIES ACT SPORTS COMPLEX AND YMCA FACILITY 241 247 23. AWARD CONTRACT TO RG GENERAL ENGINEERING FOR PHASE II OF 253 THE AMERICANS WITH DISABILITIES ACT SPORTS COMPLEX AND YMCA FACILITY IMPROVEMENTS BUSINESS SESSION 1. APPROVE MEMORANDUM OF UNDERSTANDING WITH COUNTY OF RIVERSIDE FOR LIBRARY AND MUSEUM MANAGEMENT 2. APPOINT PRIMARY AND ALTERNATE DELEGATE FOR NEWLY CREATED EAST VALLEY COALITION 3. INTRODUCE ORDINANCE AMENDING SEVERAL CHAPTERS OF TITLE 10 OF THE MUNICIPAL CODE RELATING TO ANIMALS 4. RE -INTRODUCE ORDINANCE 526 AMENDING SEVERAL CHAPTERS OF MUNICIPAL CODE TITLE 5 RELATING TO BUSINESS REGULATIONS AND DELETING CHAPTERS 5.16, 5.28, 5.44, 5.52, AND 11.60 CITY COUNCIL AGENDA 4 July 7, 2015 259 273 275 321 STUDY SESSION 1. CONSIDER RESOURCES TO INCREASE CODE COMPLIANCE OPERATIONS 2. DISCUSS RETAINING LOBBYIST SERVICES 391 PUBLIC HEARINGS — NONE DEPARTMENTAL REPORTS 1. CITY MANAGER — COACHELLA VALLEY ECONOMIC PARTNERSHIP IHUB ACCELERATOR PROJECT PLANNING GRANT REPORT 2. CITY ATTORNEY MAYOR'S AND COUNCIL MEMBER'S ITEMS REPORTS AND INFORMATIONAL ITEMS PAG E 387 397 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. EAST VALLEY COALITION (Osborne) 17. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (Osborne) 18. ANIMAL CAMPUS COMMISSION (Pena) 19. COACHELLA VALLEY ECONOMIC PARTNERSHIP (Radi) 20. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) (Radi) 21. CVAG TRANSPORTATION COMMITTEE (Radi) 22. PLANNING COMMISSION MINUTES DATED MAY 12 AND JUNE 9, 2015 399 23. INVESTMENT ADVISORY BOARD MINUTES DATED MAY 13, 2015 405 24. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION REPORT 409 CITY COUNCIL AGENDA 5 July 7, 2015 25. COMMUNITY SERVICES COMMISSION MINUTES DATED MAY 11, 2015 ADJOURNMENT 411 The next regular meeting of the City Council will be held on July 21, 2015, commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. at the City Hall Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Susan Maysels, City Clerk, of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council meeting was posted 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 July 2, 2015 DATED: July 2, 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 July 7, 2015 CITY COUNCIL MINUTES TUESDAY, JUNE 16, 2015 A regular meeting of the La Quinta City Council was called to order at 3:02 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. 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) [See City Attorney Ihrke's statement regarding this item below.] 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 Attorney Ihrke announced that in accordance with Brown Act disclosure regarding Closed Session Item No. 2, pursuant to California Government Code 54956.9(E)(5), the existing facts and circumstances consist of those identified in subparagraph 5 as a statement threatening litigation made by a person outside of an open and public meeting on a specific matter within the responsibility of the legislative body and, in accordance with the Brown Act, a record of such statements are with the City Clerk's Office and available for public inspection if so requested. COUNCIL RECESSED TO CLOSED SESSION AT 3:05 P.M. MAYOR EVANS RECONVENED THE CITY COUNCIL MEETING AT 4:05 P.M. WITH ALL MEMBERS PRESENT. CITY COUNCIL MINUTES 1 JUNE 16, 2015 City Attorney Ihrke reported on the four Closed Session Items as follows: Item No. 1 has been continued until after the regular meeting at which time the Council will go back into Closed Session. Item No. 2, there was no reportable action. Item No. 3, the Council voted unanimously to initiate litigation against Bond Safeguard Insurance Company, Lexon Surety Group and other relevant defendants in connection with the performance and collection on bonds connected to a subdivision improvement agreement associated with Tract No. 32068. Item No. 4, there was no reportable action. Councilmember Osborne led the audience in the pledge of allegiance. PUBLIC COMMENT ON MATTERS NOT ON AGENDA PUBLIC SPEAKER: Philip Bettencourt, La Quinta - Mr. Bettencourt, a La Quinta Planning Commissioner, explained that he was present as the Commission's liaison to the City Council. CONFIRMATION OF AGENDA City Manager Spevacek requested that Consent Calendar Item No. 13 be pulled from the agenda to be heard at the next meeting in July when the developer will be able to attend. Councilmember Pena requested that Consent Calendar Item No. 4 be pulled and moved to the Business Session for separate discussion and vote. Mayor Evans requested that Consent Calendar Item No. 16 be moved to the Business Session for separate discussion and vote. Mayor Evans and Councilmembers concurred on all requested agenda changes. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. Dave Archer, Executive Director of the La Quinta Chamber of Commerce, presented an update on the organization's activities. Councilmembers discussed the following topics with the Chamber of Commerce representative: business signage complaints and misunderstandings with landlords; the delay in completing the Chamber's annual audit for year ending June 30, 2014; and configuring the Chamber's interactive kiosk to transfer information to visitors' digital devices. CONSENT CALENDAR 1. MINUTES OF JUNE 2, 2015 CITY COUNCIL MINUTES 2 JUNE 16, 2015 8 2. DENY CLAIM FOR DAMAGES FILED BY DAVID TRUEMAN; DATE OF LOSS — DECEMBER 10, 2014 3. DENY CLAIM FOR DAMAGES FILED BY BONNIE TRUEMAN; DATE OF LOSS — DECEMBER 10, 2014 4. pulled by Councilmember Pena and moved to the Business Session for separate discussion and vote »> APPROVE PROFESSIONAL SERVICES AGREEMENT WITH LA QUINTA CHAMBER OF COMMERCE FOR BUSINESS/MARKETING SUPPORT SERVICES FOR FISCAL YEAR 2015/2016 5. APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH JNS MEDIA SPECIALISTS FOR FISCAL YEAR 2015/2016 PRINT AND MEDIA MARKETING SERVICES 6. APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH GRAPHTEK INTERACTIVE FOR FISCAL YEAR 2015/2016 DIGITAL MARKETING SERVICES 7. APPROVE CONTRACT SERVICES AGREEMENT WITH GOLDEN TOUCH CLEANING FOR 2015/2016 JANITORIAL SERVICES 8. APPROVE AMENDMENT AND CONTRACT CHANGE ORDER WITH KIRKPATRICK LANDSCAPING SERVICES, INC. FOR CITYWIDE LANDSCAPE MAINTENANCE 9. ADOPT RESOLUTION TO EXTEND TIME TO COMPLETE ON-SITE IMPROVEMENTS FOR CAPISTRANO DEVELOPMENT (TRACT MAP NO. 31910) [RESOLUTION 2015- 027] 10. APPROVE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE AND ADVERTISE FOR BIDS FOR THE EXTERIOR PHASE OF LIBRARY 10TH ANNIVERSARY IMPROVEMENTS PROJECT 11. APPROVE OVERNIGHT TRAVEL FOR THE PUBLIC WORKS DIRECTOR/ 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 13. removed from the agenda, to be heard at a later date »> ADOPT RESOLUTION TO EXTEND TIME TO COMPLETE OFF-SITE AND ON-SITE IMPROVEMENTS FOR PALIZADA (AMENDED TRACT MAP NOS. 31732 AND 31733) 14. APPROVE PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE AND ADVERTISE FOR BIDS FOR THE MONROE STREET PAVEMENT REHABILITATION PROJECT CITY COUNCIL MINUTES 3 JUNE 16, 2015 15. APPROVE A CONTRACT WITH CONSERVE LANDCARE FOR PROJECT NO. 2014- 15 FOR PARK LANDSCAPE MAINTENANCE SERVICES 16. pulled by Mayor Evans and moved to the Business Session for separate discussion and vote »> APPROVE PARAMETERS GOVERNING NEWLY -CREATED ALTERNATE POSITIONS ON CITY BOARDS AND COMMISSIONS 17. APPROVE CONTRACT SERVICES AGREEMENT WITH THE LA QUINTA ARTS FOUNDATION FOR VARIOUS SPECIAL EVENTS 18. AUTHORIZE CITY MANAGER TO SUBMIT GRANT APPLICATION TO CALRECYCLE BEVERAGE CONTAINER RECYCLING GRANT PROGRAM AND ACCEPT AWARDED FUNDS 19. ADOPT RESOLUTION GRANTING CONDITIONAL APPROVAL OF FINAL PARCEL MAP NO. 36811 WITHIN TRADITION [RESOLUTION 2015-028] 20. AUTHORIZE OVERNIGHT TRAVEL FOR TRAFFIC SIGNAL SUPERVISOR 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 VALLEY ASSOCIATION OF GOVERNMENTS' REIMBURSEMENT AGREEMENT FOR THE ADAMS STREET BRIDGE 22. APPROPRIATE FUNDING AND AWARD CONTRACT TO SUPERIOR PAVEMENT MARKINGS, INC. FOR CONSTRUCTION OF JEFFERSON STREET AT AVENUE 52 ROUNDABOUT IMPROVEMENTS 23. APPROVE AMENDMENT TO CONTRACT WITH A.M. LA SALLE ELECTRIC, INC. FOR LANDSCAPE LIGHTING MAINTENANCE SERVICES MOTION - A motion was made and seconded by Councilmembers Franklin/Radi to remove Consent Calendar Item No. 13 from the agenda. Motion passed unanimously. MOTION - A motion was made and seconded by Councilmembers Osborne/Franklin to approve the Consent Calendar Item Nos. 1-3, 5-12, 14-15, and 17-23 as recommended with Item Nos. 9 and 19 adopting Resolutions 2015-027 and 2015-028 respectively. Motion passed unanimously. BUSINESS SESSION 1. APPROVE FORMATION AND SPECIFICATIONS OF AN ADVISORY COMMITTEE TO EVALUATE THE CITY'S FINANCIAL NEEDS, AND CONDUCT INTERVIEWS AND MAKE APPOINTMENTS TO THE NEWLY FORMED COMMITTEE CITY COUNCIL MINUTES 4 JUNE 16, 2015 10 Chris Escobedo, Assistant to City Manager, presented the purpose of forming an advisory committee. Councilmembers discussed the appropriate size for the committee; allowing sitting board/commission members to sit on this committee simultaneously; location or locations for committee meetings; committee's ability to establish subcommittees or ad hoc committees; pros and cons of adding members after initial appointments; and applying standard Municipal Code absence rule to this committee. Councilmember Franklin announced that she has a conflict of interest due to a business relationship with applicant W. Richard Mills and left the dais during Mr. Mills' presentation and the voting on his membership. The following applicants provided background on their qualifications, and explained their interest in serving on the advisory committee: Batavick, George J. Byerly, Dennis G. Johnson, Mark L. Kalb, Frank Leidner, Bob McDonough, Michele Mills, W. Richard Motz, Doug Myers, Bette L. Park, David Alen Rosen, Steven Wyler, Doriel The following applicants were not able to attend: Cathcart, James Y. Ladner, Kelly MOTION - A motion was made and seconded by Councilmembers Radi/Osborne to approve the formation and specifications of the committee as recommended, naming the entity the "Advisory Committee," setting the membership at 14, allowing committee members to serve on City boards/commissions simultaneously, and appointing the following residents to the newly formed committee: Batavick, George J. Cathcart, James Y. Kalb, Frank Leidner, Bob Motz, Doug Park, David Alan Wyler, Doriel Motion passed unanimously. Byerly, Dennis G. Johnson, Mark L. Ladner, Kelly McDonough, Michele Myers, Bette L. Rosen, Steven MOTION - A motion was made and seconded by Councilmembers Radi/Osborne to appoint W. Richard Mills as a member of the newly formed Advisory Committee. Motion passed: ayes 4, noes 0, absent 1 (Franklin due to conflict of interest) 2. ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2015/2016 BUDGET AND ESTABLISH CITY'S APPROPRIATIONS LIMIT [RESOLUTION 2015-029] Finance Director Conrad presented the staff report, which is on file in the City Clerk's Office. CITY COUNCIL MINUTES 5 JUNE 16, 2015 11 Mayor Evans stated that the Coachella Valley Economic Partnership (CVEP) has requested that the City release its restriction on its $10,000 contribution for Fiscal Year 2015/16, i.e., not earmarked for the workforce excellence program because earmarking contributions is not in accordance with CVEP's bylaws. MOTION - A motion was made and seconded by Councilmembers Radi/Osborne approving Resolution No. 2015-029 setting Fiscal Year 2015/16 budget with an additional carryover of $20,000 for marketing, excluding the $10,000 CVEP funding, and establishing the City's appropriations limit. 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 Motion passed unanimously. Councilmember Osborne announced that he has a conflict of interest regarding actions on CVEP funding matters due to a business relationship and would leave the dais during the discussion and vote on this matter. MOTION - A motion was made and seconded by Councilmember Radi/Mayor Evans to approve funding in the amount of $10,000 to CVEP for Fiscal year 2015/16 and to release the restriction to use the City's contribution on the workforce excellence program exclusively. Motion failed: ayes Councilmember Radi Mayor Evans noes Councilmember Pena Councilmember Franklin absent Councilmember Osborne (due to a conflict of interest) 3. INTRODUCE AN ORDINANCE AMENDING SEVERAL CHAPTERS OF TITLE 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 City Clerk Maysels presented the staff report, which is on file in the City Clerk's Office. Councilmember Osborne expressed concern regarding guest privacy in the existing and new language in the chapter regarding hotel registration. He said that "all guests" including children should not be required to provide identification, and that any city employee, for whatever reason, should not have access to hotel registration records. Councilmembers discussed chapters relating to parking attendants; dancing; passenger carriers; and the appeal process. MOTION - A motion was made and seconded by Councilmembers Franklin/Radi to take up Ordinance No. 526 by title and number only and waive further reading. Motion passed unanimously. CITY COUNCIL MINUTES 6 JUNE 16, 2015 12 City Clerk Maysels read the following title of Ordinance No. 526 in to the record: INTRODUCE AN ORDINANCE AMENDING SEVERAL CHAPTERS OF TITLE 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 MOTION - A motion was made and seconded by Councilmembers Franklin/Radi to introduce at first reading, Ordinance No. 526, and allow the City Clerk to make minor text edits to the chapter regarding hotel registration in response to the Council's concerns. Motion passed unanimously. 4. Consent Calendar Item No. 4 pulled by Councilmember Pena and moved to the Business Session for separate discussion and vote »> APPROVE PROFESSIONAL SERVICES AGREEMENT WITH LA QUINTA CHAMBER OF COMMERCE FOR BUSINESS/MARKETING SUPPORT SERVICES FOR FISCAL YEAR 2015/2016 Community Services Director Hylton presented the staff report, which is on file in the City Clerk's Office. Councilmembers discussed with CEO David Archer and the incoming Chairperson the method of billing; aligning Section 2.2 and Exhibit E of the contract; the scope of services; business retention plans; local business promotion during the large annual events; need for events geared to residents; means of enhancing revenues; enlarging the membership base; and date the City can expect the overdue annual audit. MOTION - A motion was made and seconded by Councilmembers Radi/Osborne to approve a professional services agreement with La Quinta Chamber of Commerce for business/marketing support services for fiscal year 2015/16. Motion passed unanimously. 5. Consent Calendar Item No. 16 pulled by Mayor Evans and moved to the Business Session for separate discussion and vote »> APPROVE PARAMETERS GOVERNING NEWLY -CREATED ALTERNATE POSITIONS ON CITY BOARDS AND COMMISSIONS MOTION - A motion was made and seconded by Councilmembers Osborne/Franklin to approve the parameters governing the newly -created Alternate positions with the exception of amending the term to three years. STUDY SESSION 1. WATER REDUCTION STRATEGIES FOR 2015/2015 Golf, Parks & Facility Manager Howlett and Maintenance Manager Lindsey presented the staff report, which is on file in the City Clerk's Office. CITY COUNCIL MINUTES 7 JUNE 16, 2015 13 Councilmembers discussed a meeting between all Valley city managers and Coachella Valley Water District (CVWD) to agree on a unified approach to water usage at all public parks in the Valley; possible use of canal (non -potable) water at La Quinta Park; put water usage at sports fields on the agenda of the next 2x2 meeting with the school district; possibility of converting the Civic Center Park lake to an irrigation lake; meeting with CVWD to arrange a congregate reduction in water use of 36 percent for all City water meters (approximately 144), rather than 36 percent reduction on each meter because the City is providing a public service; need to investigate high grade artificial turf as a long-term solution on sports fields; need to rework the language exempting custom homes from the prohibition on the use of turf in front yards (staff report item 4); need to weigh the cost of turf reduction projects versus the increased cost of water and penalties; the fluid nature of the matter that may change with summer rains or expected El Nino storms; and acknowledgement that CVWD's water restriction ordinance expires in February 2016. The Council directed staff to return with cost -benefit reports on waiving turf conversion permit fees for a set period of time, and converting the Civic Center Campus lake to non -potable or recycled water. 2. DISCUSS AESTHETIC CONDITION OF HIGHWAY 111 CORRIDOR Community Development Director Johnson presented the staff report, which is on file in the City Clerk's office. Councilmembers discussed developing guidelines for auto dealership car displays; collaborate with auto dealers in developing guidelines; restricting banners; distinction between right-of-way and private property along Highway 111; turf removal in front of Home Depot; CVWD's incentive program for commercial businesses; pros and cons of using certain trees, e.g. citrus, cypress; the pleasing result when landscape colors are grouped; use of pavers at major intersections along Highway 111; starting a conversation with Highway 111 merchants regarding the long-term vision for merchandising, turf conversion and visual improvements to attract new businesses; the cost of redesigning the entry monuments to desertscape; need to rethink wayfinding signs and monuments; problems with sight distance when exiting some shopping centers such as Home Depot; communications, enforcement, compliance needed with auto dealers; and revisit the landscape design criteria. PUBLIC HEARINGS - None DEPARTMENT REPORTS Department Reports were received and filed. Copies are available in the City Clerk's Office. Councilmembers discussed the report on City interns and volunteers, and directed staff to return with a report on providing a scholarship in the range of $500 to interns at the completion of their internship with the City. CITY COUNCIL MINUTES 8 JUNE 16, 2015 14 Councilmembers directed staff to return with a report on Council's summer meeting schedule to include the cancellation of the August 18 and September 1, 2015 meetings, and requested that the summer meeting schedule be placed on the Council agenda every May in future years. Community Development Director Johnson introduced the City's new Planning Manager, Gabriel Perez. MAYOR'S AND COUNCIL MEMBER'S ITEMS Councilmember Franklin reported on the projects at the Jacqueline Cochran Regional Airport. Councilmember Osborne noted the recent death of Ed Alderson and recognized his contributions to the City over many years as a Planning Commissioner and a local developer. Mayor Evans reported on the La Quinta graduation and the remarkable group of graduates. REPORTS AND INFORMATIONAL ITEMS La Quinta's representative for 2015, Mayor Evans, reported on her participation in the following organizations' meetings: CVAG COACHELLA VALLEY CONSERVATION COMMISSION CVAG ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE La Quinta's representative for 2015, Councilmember Franklin, reported on her participation in the following organization's meeting: JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY La Quinta's representative for 2015, Councilmember Osborne, reported on his participation in the following organizations' meetings: CVAG PUBLIC SAFETY COMMITTEE EAST VALLEY ECONOMIC DEVELOPMENT COALITION La Quinta's representative for 2015, Councilmember Pena, reported on his participation in the following organization's meeting: ANIMAL CAMPUS COMMISSION La Quinta's representative for 2015, Councilmember Radi, reported on his participation in the following organization's meeting: RIVERSIDE COUNTY TRANSPORTATION COMMISSION CITY COUNCIL MINUTES 9 JUNE 16, 2015 15 COUNCIL RECESSED TO CLOSED SESSION AT 7:40 P.M. MAYOR EVANS RECONVENED THE CITY COUNCIL MEETING AT 9:12 P.M. WITH ALL MEMBERS PRESENT. MAYOR EVANS REPORTED THAT COUNCIL DELIVERED THE EMPLOYEE PERFORMANCE EVALUATION TO CITY MANAGER FRANK SPEVACEK, WITH NO OTHER ACTIONS TAKEN IN CLOSED SESSION THAT REQUIRES REPORTING PURSUANT TO GOVERNMENT CODE SECTION 54957.1 (BROWN ACT). ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Franklin/Radi to adjourn at 9:13 p.m. Motion passed unanimously. Respectfully submitted, SUSAN MAYSELS, City Clerk City of La Quinta, California CITY COUNCIL MINUTES 10 JUNE 16, 2015 16 CONSENT CALENDAR ITEM NO. City of La Quinta CITY COUNCIL MEETING: July 7, 2015 STAFF REPORT AGENDA TITLE: APPROVE REDUCTION OF REGULAR CITY COUNCIL MEETINGS TO ONE PER MONTH DURING AUGUST AND SEPTEMBER 2015 BY CANCELLING REGULAR MEETINGS OF AUGUST 18 AND SEPTEMBER 1, 2015 RECOMMENDATION Approve the reduction of regular City Council meetings to one per month during August and September 2015 by cancelling the regular meetings of August 18 and September 1, 2015. EXECUTIVE SUMMARY • Council traditionally modifies its meeting schedule during summer months if there are no known time -sensitive matters requiring Council action. • Advance notice of cancelled meetings allows Councilmembers, staff and the public to properly plan for deadlines and workflow. FISCAL TMPAC There would be a cost savings consisting of the time and materials associated with production and delivery of two agenda packets. Staff time associated with report writing, review and production of agenda packets would be diverted to special projects in every department. BACKGROUND/ANALYSIS The recommended summer meeting schedule is as follows: July 7 regular meeting July 21 regular meeting August 4 regular meeting August 18 CANCELLED September 1 CANCELLED September 15 regular meeting Should a pressing situation or matter require Council direction or action before the next regular meeting, a special meeting will be called. 17 ALTERNATIVES Council may select alternate dates for cancelled meetings, cancel only one meeting, cancel more than two meeting or cancel no meetings. Report prepared by: Teresa Thompson, Deputy City Clerk Report approved by: Frank J. Spevacek, City Manager 18 CONSENT CALENDAR ITEM NO. City of La Quinta CITY COUNCIL MEETING: July 7, 2015 STAFF REPORT AGENDA TITLE: RECEIVE AND FILE REVENUE AND EXPENDITURE REPORTS FOR THE MONTHS OF MARCH, APRIL AND MAY 2015 RECOMMENDATION Receive and file. EXECUTIVE SUMMARY • Revenue and expenditure reports are submitted monthly to City Council for review. • The reports summarize the City's year-to-date (YTD) revenues and expenditures for March, April and May 2015 (Attachments 1, 2 and 3, respectively). FISCAL IMPACT None. BACKGROUND/ANALYSIS Revenues Below is a summary of the column headers used on the Revenue Summary Report All Funds: Original Total Budget - represents the revenue budget the Council adopted in June 2014 for Fiscal Year (FY) 2014/15. Current Total Budget - includes original adopted revenue budget, plus carryovers, from the prior FY and Council -approved budget amendments. The bulk of the carryovers are related to Capital Improvement Project (CIP) matters. Each year total CIP projects are budgeted; however, project length may span over multiple years. Therefore, unfinished projects from the prior year are carried over (along with associated revenue reimbursements). Period Activity - represents actual revenues received in the reporting month. Fiscal Activity - presents actual revenues collected YTD. For example, the March report shows revenues collected in the Period Activity column, but revenues collected from July through March 31, 2015 are presented in the Fiscal Activity column. Variance Favorable/ (Unfavorable) - represents the difference between YTD collections and the budgeted amount. 19 Percent Used - represents the percentage of budgeted revenues collected YTD. The revenue report includes revenues and transfers into funds from other funds (income items). Unlike expenditures, revenues are not received uniformly throughout the year, which results in peaks and valleys depending upon large payments that are received throughout the year. For example, large property tax payments are usually received in December and April. Similarly, Redevelopment Property Tax Trust Fund payments are typically received in January and June. March Revenues $3.96 million in General Fund revenue was collected in March bringing the total YTD collections to 57.81 percent ($21.5 million). Total collections overall in March were $8.6 million, bringing total collections for all funds to 29.84 percent ($46.1 million). The larger General Fund payments consisted of: • $555,900 in sales tax payment. • $1.3 million in TOT payments. • $1.3 million in Fire Service Credit reimbursement. April Revenues $2.7 million in General Fund revenue was collected in April bringing the total YTD collections to 65.24 percent ($24.2 million). Total collections overall in April were $5.6 million, bringing total collections for all funds to 33.44 percent ($51.6 million). The larger General Fund payments consisted of: • $586,400 in sales tax • $1 million in transient occupancy tax payments • $560,600 in property tax May Revenues $4.5 million in General Fund revenue was collected in May bringing the total YTD collections to 77.37 percent ($28.7 million). Total collections overall in May were $5.9 million, bringing total collections for all funds to 37.25 percent ($57.5 million). The larger General Fund payments consisted of: • $782,000 in sales tax • $1.3 million in TOT payments • $1.84 million in property tax Expenditures Below is a summary of the column headers used on the Expenditure Summary Report All Funds: 20 Original Total Budget - represents the expenditure budget adopted by Council in June 2014 for FY 2014/15. Current Total Budget - includes the original adopted expenditure budget plus any carryovers from the prior FY, and any Council approved budget amendments. The bulk of the carryovers are related to CIP matters. Each year total CIP projects are budgeted; however, project length can span over multiple years. Therefore, unfinished projects from the prior year are carried over (along with associated revenue reimbursements). Period Activity - represents actual expenditures made in the reporting month. Fiscal Activity - presents actual expenditures made YTD. For example, the March report shows expenditures made in the Period Activity column (March), but expenditures from July through March are presented in the Fiscal Activity column. Variance Favorable/ (Unfavorable) - represents the difference between YTD expenditures and the budgeted amount (the amount yet to be expended). Percent Used - represents the percentage of budget spent to date. The expenditure report includes expenditures and transfers out to other funds. Unlike revenues, expenditures are fairly consistent month to month. However, large Debt Service payments, or CIP expenditures can cause swings. March Expenditures General Fund expenditures in March totaled $4.8 million; of this amount, $604,700 is related to monthly personnel costs (salaries, benefits, etc.). YTD General Fund personnel costs are $5.8 million (68 percent expended), which is on target. Total YTD General Fund expenditures are $24.8 million (63 percent expended). In addition to personnel costs, the other significant General Fund expenditures in March were $1.3 million in contract fire services (fully reimbursed to General Fund); and $934,300 for the police services contract (Riverside County Sheriff). Total expenditures for all funds equaled $15 million in March. The largest non -General Fund expenditures were related to various CIP projects, including $1.02 million Arch Insurance Company for work related to the Adams Street Bridge. April Expenditures General Fund expenditures in April totaled $1.76 million; of this amount, $620,400 is related to monthly personnel costs (salaries, benefits, etc.). YTD General Fund personnel costs are $6.4 million (76 percent expended), which is on target. Total YTD General Fund expenditures are $26.6 million (68 percent expended). In addition to personnel costs, the other significant General Fund expenditures in April were $320,500 in contributions toward various CIP projects and $66,700 to the Financing Authority for Civic Center debt service. Total expenditures for all funds equaled $3.1 million in April. The largest non -General Fund expenditures were related to various CIP projects, including $427,900 to Arch Insurance Company for work related to the Adams Street Bridge. 21 May Expenditures General Fund expenditures in May totaled $1.45 million; of this amount, $592,700 is related to monthly personnel costs (salaries, benefits, etc.). YTD General Fund personnel costs are $6.99 million (83 percent expended), which is on target. Total YTD General Fund expenditures are $28.1 million (71 percent expended). In addition to personnel costs, the other significant General Fund expenditures in May were $63,000 in contributions toward various CIP projects; $50,000 in Community Services grants; and $57,800 for contract park maintenance costs. Total expenditures for all funds equaled $1.16 million in May. The largest non -General Fund expenditures were related to various CIP projects ($237,298); and $288,600 for contract golf management services at SilverRock. Summary All funds are generally on target or under budget with regard to expenditures. Revenue collections appear low due to timing issues discussed in the revenue section above. The timing imbalance of revenues receipts vs. outflows for expenditures is the reason why the City maintains a cash flow reserve. Report prepared by: Rita Conrad, Finance Director Report approved by: Frank J. Spevacek, City Manager Attachments: 1. Revenue and Expenditure Reports for March 2015 2. Revenue and Expenditure Reports for April 2015 3. Revenue and Expenditure Reports for May 2015 22 ATTACHMENT 1 City of La Quinta March, 2015 Revenue and Expenditure Reports Fund City of La Quinta, CA 101 -GENERAL FUND 201- GAS TAX FUND 202 - LIBRARY FUND 210- FEDERAL ASSISTANCE FUND 212 - SLESF (COPS) FUND 213 - JAG FUND 214 - INDIAN GAMING 215 - LIGHTING & LANDSCAPING FU 217 - DEVELOPMENT AGREEMENT 218 - CV VIOLENT CRIME TASK FOR 219 - ASSET FORFEITURE 220 - QUIMBY FUND 221- AB 939 223 - MEASURE A 224 - TUMF 225 -INFRASTRUCTURE FUND 231- SUCCESSOR AGCY PA 1 RORF 235 - 50 COAST AIR QUALITY FUND 237 - SUCCESSOR AGCY PA 1 ADMIN 240 - CMAQ/ISTEA 241- HOUSING AUTHORITY PA1 242 - HOUSING AUTHORITY PA2 245 - SA PA 1 LOW/MOD TAX FUND 246 - SA PA 2 LO/MOD TAX FUND 248 - SA 2004 LO/MOD BOND FUND 249 - SA 2011 LOW/MOD BOND FUND 250 -TRANSPORTATION DIF FUND 251- PARKS & REC DIF FUND 252 - CIVIC CENTER DIF FUND 253 - LIBRARY DEVELOPMENT DIF 254 - COMMUNITY CENTER DIF 255 - STREET FACILITY DIF FUND 256 - PARK FACILITY DIF FUND 257 - FIRE PROTECTION DIF 270 - ART IN PUBLIC PLACES FUND 275 - LQ PUBLIC SAFETY OFFICER 299 - INTEREST ALLOCATION FUND 301- SA PA 1 DEBT SERVICE 302 - SA PA 2 DEBT SERVICE 310 - LQ FIN AUTHORITY DEBT SVC 401- CAPITAL IMPROVEMENT PROGR 405 - SA PA 1 CAPITAL IMPRV FU 501- EQUIPMENT REPLACEMENT 502 - INFORMATION TECHNOLOGY 503 - PARK EQUIP & FACILITY FND 601- SILVER ROCK RESORT 602 - SILVERROCK GOLF RESERVE REVENUE SUMMARY REPORT ALL FUNDS Group Summary For Fiscal: 2014-2015 Period Ending: 03/31/2015 Variance Original Current Period Fiscal Favorable Percent Total Budget Total Budget Activity Activity (Unfavorable) Used 36125620.00 37,154,182.00 3,967,136.32 21,477,582.42 -15,676,599.58 57.81 % 1117063.00 1,117,063.00 107,281.81 722,477.95 -394,585.05 64.68 % 2006000.00 2,006,000.00 4,341.02 7,325.47 -1,998,674.53 0.37 % 145000.00 145,000.00 0.00 0.00 -145,000.00 0.00 % 100100.00 153,896.00 124.92 73,096.40 -80,799.60 47.50 % 12978.00 16,518.00 0.00 2,305.10 -14,212.90 13.96 % 0.00 38,026.00 0.00 -0.24 -38,026.24 0.00 % 960000.00 960,000.00 0.00 504,793.43 -455,206.57 52.58 % 0.00 0.00 0.00 -43.54 -43.54 0.00 % 41578.00 41,578.00 538.24 16,787.09 -24,790.91 40.37 % 0.00 0.00 10.99 18.68 18.68 0.00 % 943000.00 943,000.00 7,050.90 47,620.13 -895,379.87 5.05 % 3000.00 3,000.00 922.84 1,556.64 -1,443.36 51.89 % 754500.00 754,500.00 120,667.47 430,124.93 -324,375.07 57.01 % 0.00 0.00 160.76 212.58 212.58 0.00 % 0.00 0.00 28.05 47.67 47.67 0.00 % 23883019.00 23,883,019.00 3,024,381.49 5,353,952.17 -18,529,066.83 22.42 % 40500.00 40,500.00 11,141.41 35,804.71 -4,695.29 88.41 % 718095.00 718,095.00 0.00 425,038.00 -293,057.00 59.19 % 1813332.00 1,813,332.00 0.00 0.00 -1,813,332.00 0.00 % 245500.00 245,500.00 27,295.88 275,656.93 30,156.93 112.28 % • 634200.00 634,200.00 52,708.97 471,346.26 -162,853.74 74.32 % 0.00 0.00 4,663.02 7,968.45 7,968.45 0.00 % 0.00 0.00 1,720.96 2,876.26 2,876.26 0.00 % 0.00 0.00 0.00 12.72 12.72 0.00 % 0.00 0.00 118.08 1,151.27 1,151.27 0.00 % 681700.00 681,700.00 45,191.52 1,237,536.75 555,836.75 181.54 % 560000.00 560,000.00 30,720.00 494,118.00 -65,882.00 88.24 % 183600.00 183,600.00 12,670.00 237,619.46 54,019.46 129.42 % 94100.00 94,100.00 5,160.00 84,341.40 -9,758.60 89.63 % 39700.00 39,700.00 2,028.29 31,772.40 -7,927.60 80.03 % 27800.00 27,800.00 3,621.61 60,560.70 32,760.70 217.84 % 11000.00 11,000.00 601.61 9,621.18 -1,378.82 87.47 % 86300.00 86,300.00 5,825.00 107,844.92 21,544.92 124.97 % 53500.00 53,500.00 7,054.59 103,238.51 49,738.51 192.97 % 2100.00 2,100.00 37.90 64.84 -2,035.16 3.09 % 0.00 0.00 -19,909.38 1,327.00 1,327.00 0.00 % 0.00 0.00 8,001.05 13,600.43 13,600.43 0.00 % 0.00 0.00 680.69 1,166.00 1,166.00 0.00 % 678400.00 678,400.00 0.00 606,308.69 -72,091.31 89.37 % 25587480.00 75,667,953.80 310,926.95 9,335,673.88 -66,332,279.92 12.34 % 0.00 0.00 0.00 1,712.59 1,712.59 0.00 % 594909.00 594,909.00 52,858.59 458,453.29 -136,455.71 77.06 % 650866.00 650,866.00 55,182.87 489,810.28 -161,055.72 75.26 % 503523.00 503,523.00 44,239.10 380,743.90 -122,779.10 75.62 % 3857494.00 3,857,494.00 679,687.90 2,566,373.68 -1,291,120.32 66.53 % 68500.00 68,500.00 538.50 984.37 -67,515.63 1.44 % Report Total: 103,224,457.00 154,428,854.80 8,575,409.92 46,080,583.75 -108,348,271.05 29.84 % 24 Fund City of La Quinta, CA 101 -GENERAL FUND 201- GAS TAX FUND 202 - LIBRARY FUND 210 - FEDERAL ASSISTANCE FUND 212 - SLESF (COPS) FUND 213 - JAG FUND 214 - INDIAN GAMING 215 - LIGHTING & LANDSCAPING FU 218 - CV VIOLENT CRIME TASK FOR 220 - QUIMBY FUND 221 - AB 939 223 - MEASURE A 231- SUCCESSOR AGCY PA 1 RORF 235 - SO COAST AIR QUALITY FUND 237 - SUCCESSOR AGCY PA 1 ADMIN 240 - CMAQ/ISTEA 241- HOUSING AUTHORITY PA1 242 - HOUSING AUTHORITY PA2 248 - SA 2004 LO/MOD BOND FUND 249 - SA 2011 LOW/MOD BOND FUND 250 - TRANSPORTATION DIF FUND 251- PARKS & REC DIF FUND 252 - CIVIC CENTER DIF FUND 253 - LIBRARY DEVELOPMENT DIF 255 - STREET FACILITY DIF FUND 256 - PARK FACILITY DIF FUND 257 - FIRE PROTECTION DIF 270 - ART IN PUBLIC PLACES FUND 310 - LQ FIN AUTHORITY DEBT SVC 401- CAPITAL IMPROVEMENT PROGR 405 - SA PA 1 CAPITAL IMPRV FU 417 - SA PA2 TAXABLE BOND CIP 501- EQUIPMENT REPLACEMENT 502 - INFORMATION TECHNOLOGY 503 - PARK EQUIP & FACILITY FND 601- SILVER ROCK RESORT 602 - SILVERROCK GOLF RESERVE 760 - SUPPLEMENTAL PENSION PLAN EXPENDITURE SUMMARY REPORT ALL FUNDS Group Summary For Fiscal: 2014-2015 Period Ending: 03/31/2015 Variance Original Current Period Fiscal Favorable Percent Total Budget Total Budget Activity Activity (Unfavorable) Used 35947267.39 39,468,088.44 4,780,541.02 24,885,974.41 14,582,114.03 63.05 % 1116862.00 1,805,172.00 0.00 688,310.00 1,116,862.00 38.13 % 1765242.00 3,086,404.00 -145.00 56,424.65 3,029,979.35 1.83 % 30000.00 30,000.00 0.00 0.00 30,000.00 0.00 % 100000.00 153,796.00 0.00 36,613.84 117,182.16 23.81 % 12978.00 16,518.00 0.00 2,305.10 14,212.90 13.96 % 0.00 38,026.00 0.00 0.00 38,026.00 0.00 % 960000.00 960,000.00 0.00 0.00 960,000.00 0.00 % 55650.00 55,650.00 4,503.02 24,184.18 31,465.82 43.46 % 294887.00 7,860,360.00 34,948.00 2,518,602.12 5,341,757.88 32.04 % 124087.00 126,087.00 0.00 12,244.28 113,842.72 9.71 % 774627.00 1,199,025.00 14,935.38 274,354.01 924,670.99 22.88 % 24180256.00 24,180,256.00 6,024,691.32 11,582,106.27 12,598,149.73 47.90 % 40200.00 40,200.00 0.00 14,737.66 25,462.34 36.66 % 714595.00 714,595.00 5,692.00 57,467.49 657,127.51 8.04 % 1813332.00 0.00 0.00 0.00 0.00 0.00 % 320934.05 140,219.05 19,204.92 179,834.81 -39,615.76 128.25 % 594482.00 594,482.00 41,117.08 401,932.19 192,549.81 67.61 % 0.00 2,499,252.00 0.00 2,433.75 2,496,818.25 0.10 % 0.00 25,514,502.00 0.00 0.00 25,514,502.00 0.00 % 126355.00 650,353.00 130,099.71 1,017,090.42 -366,737.42 156.39 % 3500.00 3,500.00 91.65 907.72 2,592.28 25.93 % 292400.00 292,400.00 8,975.61 26,735.91 265,664.09 9.14 % 7200.00 7,200.00 2,135.10 6,458.47 741.53 89.70 % 10000.00 10,000.00 2,444.59 7,333.06 2,666.94 73.33 % 10000.00 10,000.00 1,881.61 9,621.95 378.05 96.22 % 3500.00 3,500.00 872.51 2,732.07 767.93 78.06 % 164200.00 364,200.00 11,573.47 77,781.45 286,418.55 21.36 % 676400.00 676,400.00 250.00 610,813.50 65,586.50 90.30 % 0.00 75,220,133.80 310,926.95 9,335,673.88 65,884,459.92 12.41 % 0.00 7,587,091.00 3,022,128.88 4,956,534.66 2,630,556.34 65.33 % 0.00 2,399,786.00 0.00 0.00 2,399,786.00 0.00 % 782785.00 860,150.00 16,219.37 205,733.65 654,416.35 23.92 % 721372.00 896,685.00 24,113.35 463,804.82 432,880.18 51.72 % 502523.00 502,523.00 0.00 0.00 502,523.00 0.00 % 4287417.87 4,304,014.87 312,804.10 3,579,982.75 724,032.12 83.18 % 0.00 213,208.00 230,264.58 230,264.58 -17,056.58 108.00 % 0.00 0.00 0.00 12,832.86 -12,832.86 0.00 % Report Total: 76,433,052.31 202,483,777.16 15,000,269.22 61,281,826.51 141,201,950.65 30.27 % 25 26 ATTACHMENT 2 City of La Quinta April 2015 Revenue and Expenditure Reports Fund City of La Quinta, CA 101 -GENERAL FUND 201- GAS TAX FUND 202 - LIBRARY FUND 210 - FEDERAL ASSISTANCE FUND 212 - SLESF (COPS) FUND 213 -JAG FUND 214- INDIAN GAMING 215 - LIGHTING & LANDSCAPING FU 217 - DEVELOPMENT AGREEMENT 218 - CV VIOLENT CRIME TASK FOR 219 - ASSET FORFEITURE 220 - QUIMBY FUND 221- AB 939 223 - MEASURE A 224 - TUMF 225 -INFRASTRUCTURE FUND 231- SUCCESSOR AGCY PA 1 RORF 235 - SO COAST AIR QUALITY FUND 237 - SUCCESSOR AGCY PA 1 ADMIN 240 - CMAQ/ISTEA 241- HOUSING AUTHORITY PA1 242 - HOUSING AUTHORITY PA2 245 - SA PA 1 LOW/MOD TAX FUND 246 - SA PA 2 LO/MOD TAX FUND 248 - SA 2004 LO/MOD BOND FUND 249 - SA 2011 LOW/MOD BOND FUND 250 - TRANSPORTATION DIF FUND 251- PARKS & REC DIF FUND 252 - CIVIC CENTER DIF FUND 253 - LIBRARY DEVELOPMENT DIF 254 - COMMUNITY CENTER DIF 255 - STREET FACILITY DIF FUND 256 - PARK FACILITY DIF FUND 257 - FIRE PROTECTION DIF 270 - ART IN PUBLIC PLACES FUND 275 - LQ PUBLIC SAFETY OFFICER 299- INTEREST ALLOCATION FUND 301- SA PA 1 DEBT SERVICE 302 - SA PA 2 DEBT SERVICE 310 - LQ FIN AUTHORITY DEBT SVC 401- CAPITAL IMPROVEMENT PROGR 405 - SA PA 1 CAPITAL IMPRV FU 501- EQUIPMENT REPLACEMENT 502 - INFORMATION TECHNOLOGY 503 - PARK EQUIP & FACILITY FND 601- SILVER ROCK RESORT 602 - SILVERROCK GOLF RESERVE REVENUE SUMMARY REPORT ALL FUNDS Group Summary For Fiscal: 2014-2015 Period Ending: 04/30/2015 Variance Original Current Period Fiscal Favorable Percent Total Budget Total Budget Activity Activity (Unfavorable) Used 36125620.00 37,154,182.00 2,760,333.61 24,237,916.03 -12,916,265.97 65.24 % 1117063.00 1,117,063.00 180,207.02 902,684.97 -214,378.03 80.81 % 2006000.00 2,006,000.00 759,807.23 767,132.70 -1,238,867.30 38.24 % 145000.00 145,000.00 0.00 0.00 -145,000.00 0.00 % 100100.00 153,896.00 8,333.33 81,429.73 -72,466.27 52.91 % 12978.00 16,518.00 0.00 2,305.10 -14,212.90 13.96 % 0.00 38,026.00 0.00 -0.24 -38,026.24 0.00 % 960000.00 960,000.00 0.00 504,793.43 -455,206.57 52.58 % 0.00 0.00 0.00 -43.54 -43.54 0.00 % 41578.00 41,578.00 3,456.47 20,243.56 -21,334.44 48.69 % 0.00 0.00 0.00 18.68 18.68 0.00 % 943000.00 943,000.00 0.00 47,620.13 -895,379.87 5.05 % 3000.00 3,000.00 0.00 1,556.64 -1,443.36 51.89 % 754500.00 754,500.00 111,024.38 541,149.31 -213,350.69 71.72 % 0.00 0.00 0.00 212.58 212.58 0.00 % 0.00 0.00 0.00 47.67 47.67 0.00 % 23883019.00 23,883,019.00 14.15 5,353,966.32 -18,529,052.68 22.42 % 40500.00 40,500.00 0.00 35,804.71 -4,695.29 88.41 % 718095.00 718,095.00 0.00 425,038.00 -293,057.00 59.19 % 1813332.00 1,813,332.00 0.00 0.00 -1,813,332.00 0.00 % 245500.00 245,500.00 24,960.05 300,616.98 55,116.98 122.45 % 634200.00 634,200.00 52,426.70 523,772.96 -110,427.04 82.59 % 0.00 0.00 13.78 7,982.23 7,982.23 0.00 % 0.00 0.00 0.00 2,876.26 2,876.26 0.00 % 0.00 0.00 0.00 12.72 12.72 0.00 % 0.00 0.00 130.74 1,282.01 1,282.01 0.00 % 681700.00 681,700.00 53,998.00 1,291,534.75 609,834.75 189.46 % 560000.00 560,000.00 38,912.00 533,030.00 -26,970.00 95.18 % 183600.00 183,600.00 17,752.00 255,371.46 71,771.46 139.09 % 94100.00 94,100.00 6,536.00 90,877.40 -3,222.60 96.58 % 39700.00 39,700.00 2,451.00 34,223.40 -5,476.60 86.21 % 27800.00 27,800.00 2,204.00 62,764.70 34,964.70 225.77 % 11000.00 11,000.00 760.00 10,381.18 -618.82 94.37 % 86300.00 86,300.00 8,160.00 116,004.92 29,704.92 134.42 % 53500.00 53,500.00 3,854.60 107,093.11 53,593.11 200.17 % 2100.00 2,100.00 0.00 64.84 -2,035.16 3.09 % 0.00 0.00 60,887.15 62,214.15 62,214.15 0.00 % 0.00 0.00 0.00 13,600.43 13,600.43 0.00 % 0.00 0.00 3.07 1,169.07 1,169.07 0.00 % 678400.00 678,400.00 66,738.96 673,047.65 -5,352.35 99.21 % 25587480.00 75,667,953.80 827,990.25 10,163,664.13 -65,504,289.67 13.43 % 0.00 0.00 0.00 1,712.59 1,712.59 0.00 % 594909.00 594,909.00 49,700.00 508,153.29 -86,755.71 85.42 % 650866.00 650,866.00 54,283.00 544,093.28 -106,772.72 83.60 % 503523.00 503,523.00 41,876.92 422,620.82 -80,902.18 83.93 % 3857494.00 3,857,494.00 426,019.86 2,992,393.54 -865,100.46 77.57 % 68500.00 68,500.00 0.00 984.37 -67,515.63 1.44 % Report Total: 103,224,457.00 154,428,854.80 5,562,834.27 51,643,418.02 -102,785,436.78 33.44 % 28 Fund City of La Quinta, CA 101 -GENERAL FUND 201- GAS TAX FUND 202- LIBRARY FUND 210 - FEDERAL ASSISTANCE FUND 212 - SLESF (COPS) FUND 213 -JAG FUND 214 - INDIAN GAMING 215 - LIGHTING & LANDSCAPING FU 218 - CV VIOLENT CRIME TASK FOR 220 - QUIMBY FUND 221 - AB 939 223 - MEASURE A 231- SUCCESSOR AGCY PA 1 RORF 235 - SO COAST AIR QUALITY FUND 237 - SUCCESSOR AGCY PA 1 ADMIN 240 - CMAQ/ISTEA 241- HOUSING AUTHORITY PA1 242 - HOUSING AUTHORITY PA2 248 - SA 2004 LO/MOD BOND FUND 249 - SA 2011 LOW/MOD BOND FUND 250 - TRANSPORTATION DIF FUND 251- PARKS & REC DIF FUND 252 - CIVIC CENTER DIF FUND 253 - LIBRARY DEVELOPMENT DIF 255 - STREET FACILITY DIF FUND 256 - PARK FACILITY DIF FUND 257 - FIRE PROTECTION DIF 270 - ART IN PUBLIC PLACES FUND 310 - LQ FIN AUTHORITY DEBT SVC 401- CAPITAL IMPROVEMENT PROGR 405 - SA PA 1 CAPITAL IMPRV FU 417 - SA PA2 TAXABLE BOND CIP 501- EQUIPMENT REPLACEMENT 502 - INFORMATION TECHNOLOGY 503 - PARK EQUIP & FACILITY FND 601- SILVER ROCK RESORT 602 - SILVERROCK GOLF RESERVE 760 - SUPPLEMENTAL PENSION PLAN EXPENDITURE SUMMARY REPORT ALL FUNDS Group Summary For Fiscal: 2014-2015 Period Ending: 04/30/2015 Variance Original Current Period Fiscal Favorable Percent Total Budget Total Budget Activity Activity (Unfavorable) Used 35947267.39 39,468,088.44 1,759,949.68 26,645,924.09 12,822,164.35 67.51 % 1116862.00 1,805,172.00 0.00 688,310.00 1,116,862.00 38.13 % 1765242.00 3,086,404.00 7,395.00 63,819.65 3,022,584.35 2.07 % 30000.00 30,000.00 0.00 0.00 30,000.00 0.00 % 100000.00 153,796.00 0.00 36,613.84 117,182.16 23.81 % 12978.00 16,518.00 0.00 2,305.10 14,212.90 13.96 % 0.00 38,026.00 0.00 0.00 38,026.00 0.00 % 960000.00 960,000.00 0.00 0.00 960,000.00 0.00 % 55650.00 55,650.00 2,969.10 27,153.28 28,496.72 48.79 % 294887.00 7,860,360.00 35,183.97 2,553,786.09 5,306,573.91 32.49 % 124087.00 126,087.00 5,938.20 18,182.48 107,904.52 14.42 % 774627.00 1,199,025.00 577.55 274,931.56 924,093.44 22.93 % 24180256.00 24,180,256.00 0.00 11,582,106.27 12,598,149.73 47.90 % 40200.00 40,200.00 0.00 14,737.66 25,462.34 36.66 % 714595.00 714,595.00 8,372.25 65,839.74 648,755.26 9.21 % 1813332.00 0.00 0.00 0.00 0.00 0.00 % 320934.05 140,219.05 9,734.88 189,569.69 -49,350.64 135.20 % 594482.00 594,482.00 40,539.15 442,471.34 152,010.66 74.43 % 0.00 2,499,252.00 2,227.50 4,661.25 2,494,590.75 0.19 % 0.00 25,514,502.00 0.00 0.00 25,514,502.00 0.00 % 126355.00 650,353.00 10,416.20 1,027,506.62 -377,153.62 157.99 % 3500.00 3,500.00 0.00 907.72 2,592.28 25.93 % 292400.00 292,400.00 0.00 26,735.91 265,664.09 9.14 % 7200.00 7,200.00 0.00 6,458.47 741.53 89.70 % 10000.00 10,000.00 0.00 7,333.06 2,666.94 73.33 % 10000.00 10,000.00 0.00 9,621.95 378.05 96.22 % 3500.00 3,500.00 0.00 2,732.07 767.93 78.06 % 164200.00 364,200.00 851.04 78,632.49 285,567.51 21.59 % 676400.00 676,400.00 66,738.75 677,552.25 -1,152.25 100.17 % 0.00 75,220,133.80 827,990.25 10,163,664.13 65,056,469.67 13.51 % 0.00 7,587,091.00 0.00 4,956,534.66 2,630,556.34 65.33 % 0.00 2,399,786.00 0.00 0.00 2,399,786.00 0.00 % 782785.00 860,150.00 32,943.42 238,677.07 621,472.93 27.75 % 721372.00 896,685.00 38,939.29 502,744.11 393,940.89 56.07 % 502523.00 502,523.00 0.00 0.00 502,523.00 0.00 % 4287417.87 4,304,014.87 332,941.62 3,912,924.37 391,090.50 90.91 % 0.00 213,208.00 0.00 230,264.58 -17,056.58 108.00 % 0.00 0.00 0.00 12,832.86 -12,832.86 0.00 % Report Total: 76,433,052.31 202,483,777.16 3,183,707.85 64,465,534.36 138,018,242.80 31.84 % 29 30 ATTACHMENT 3 City of La Qu i nta May 2015 Revenue and Expenditure Reports Fund City of La Quinta, CA 101- GENERAL FUND 201- GAS TAX FUND 202 - LIBRARY FUND 210 - FEDERAL ASSISTANCE FUND 212 - SLESF (COPS) FUND 213 -JAG FUND 214 - INDIAN GAMING 215 - LIGHTING & LANDSCAPING FU 217 - DEVELOPMENT AGREEMENT 218 - CV VIOLENT CRIME TASK FOR 219 - ASSET FORFEITURE 220 - QUIMBY FUND 221 - AB 939 223 - MEASURE A 224 - TUMF 225 -INFRASTRUCTURE FUND 231- SUCCESSOR AGCY PA 1 RORF 235 - SO COAST AIR QUALITY FUND 237 - SUCCESSOR AGCY PA 1 ADMIN 240 - CMAQ/ISTEA 241- HOUSING AUTHORITY PA1 242 - HOUSING AUTHORITY PA2 245 - SA PA 1 LOW/MOD TAX FUND 246 - SA PA 2 LO/MOD TAX FUND 248 - SA 2004 LO/MOD BOND FUND 249 - SA 2011 LOW/MOD BOND FUND 250 - TRANSPORTATION DIF FUND 251- PARKS & REC DIF FUND 252 - CIVIC CENTER DIF FUND 253 - LIBRARY DEVELOPMENT DIF 254 - COMMUNITY CENTER DIF 255 - STREET FACILITY DIF FUND 256 - PARK FACILITY DIF FUND 257 - FIRE PROTECTION DIF 270 - ART IN PUBLIC PLACES FUND 275 - LQ PUBLIC SAFETY OFFICER 299 - INTEREST ALLOCATION FUND 301- SA PA 1 DEBT SERVICE 302 - SA PA 2 DEBT SERVICE 310 - LQ FIN AUTHORITY DEBT SVC 401- CAPITAL IMPROVEMENT PROGR 405 - SA PA 1 CAPITAL IMPRV FU 501- EQUIPMENT REPLACEMENT 502 - INFORMATION TECHNOLOGY 503 - PARK EQUIP & FACILITY FND 601- SILVER ROCK RESORT 602 - SILVERROCK GOLF RESERVE REVENUE SUMMARY REPORT ALL FUNDS Group Summary For Fiscal: 2014-2015 Period Ending: 05/31/2015 Variance Original Current Period Fiscal Favorable Percent Total Budget Total Budget Activity Activity (Unfavorable) Used 36125620.00 37,154,182.00 4,508,820.38 28,746,736.41 -8,407,445.59 77.37 % 1117063.00 1,117,063.00 0.00 902,684.97 -214,378.03 80.81 % 2006000.00 2,006,000.00 0.00 767,132.70 -1,238,867.30 38.24 % 145000.00 145,000.00 0.00 0.00 -145,000.00 0.00 % 100100.00 153,896.00 8,333.33 89,763.06 -64,132.94 58.33 % 12978.00 16,518.00 -2,305.10 0.00 -16,518.00 0.00 % 0.00 38,026.00 0.00 -0.24 -38,026.24 0.00 % 960000.00 960,000.00 418,091.89 922,885.32 -37,114.68 96.13 % 0.00 0.00 0.00 -43.54 -43.54 0.00 % 41578.00 41,578.00 5,014.13 25,257.69 -16,320.31 60.75 % 0.00 0.00 0.00 18.68 18.68 0.00 % 943000.00 943,000.00 0.00 47,620.13 -895,379.87 5.05 % 3000.00 3,000.00 0.00 1,556.64 -1,443.36 51.89 % 754500.00 754,500.00 0.00 541,149.31 -213,350.69 71.72 % 0.00 0.00 0.00 212.58 212.58 0.00 % 0.00 0.00 0.00 47.67 47.67 0.00 % 23883019.00 23,883,019.00 11.98 5,353,978.30 -18,529,040.70 22.42 % 40500.00 40,500.00 12,534.38 48,339.09 7,839.09 119.36 % 718095.00 718,095.00 0.00 425,038.00 -293,057.00 59.19 % 1813332.00 1,813,332.00 0.00 0.00 -1,813,332.00 0.00 % 245500.00 245,500.00 24,936.00 325,552.98 80,052.98 132.61 % 634200.00 634,200.00 52,065.61 575,838.57 -58,361.43 90.80 % 0.00 0.00 13.34 7,995.57 7,995.57 0.00 % 0.00 0.00 0.00 2,876.26 2,876.26 0.00 % 0.00 0.00 0.00 12.72 12.72 0.00 % 0.00 0.00 126.52 1,408.53 1,408.53 0.00 % 681700.00 681,700.00 59,682.00 1,351,216.75 669,516.75 198.21 % 560000.00 560,000.00 43,008.00 576,038.00 16,038.00 102.86 % 183600.00 183,600.00 19,782.00 275,153.46 91,553.46 149.87 % 94100.00 94,100.00 7,224.00 98,101.40 4,001.40 104.25 % 39700.00 39,700.00 2,709.00 36,932.40 -2,767.60 93.03 % 27800.00 27,800.00 2,436.00 65,200.70 37,400.70 234.53 % 11000.00 11,000.00 840.00 11,221.18 221.18 102.01 % 86300.00 86,300.00 9,093.00 125,097.92 38,797.92 144.96 % 53500.00 53,500.00 2,493.40 109,586.51 56,086.51 204.83 % 2100.00 2,100.00 0.00 64.84 -2,035.16 3.09 % 0.00 0.00 6,458.13 68,672.28 68,672.28 0.00 % 0.00 0.00 0.00 13,600.43 13,600.43 0.00 % 0.00 0.00 2.97 1,172.04 1,172.04 0.00 % 678400.00 678,400.00 0.00 673,047.65 -5,352.35 99.21 % 25587480.00 75,667,953.80 237,298.92 10,400,963.05 -65,266,990.75 13.75 % 0.00 0.00 0.00 1,712.59 1,712.59 0.00 % 594909.00 594,909.00 49,700.00 557,853.29 -37,055.71 93.77 % 650866.00 650,866.00 54,283.00 598,376.28 -52,489.72 91.94 % 503523.00 503,523.00 41,876.92 464,497.74 -39,025.26 92.25 % 3857494.00 3,857,494.00 309,341.50 3,301,735.04 -555,758.96 85.59 % 68500.00 68,500.00 0.00 984.37 -67,515.63 1.44 % Report Total: 103,224,457.00 154,428,854.80 5,873,871.30 57,517,289.32 -96,911,565.48 37.25 % 32 Fund City of La Quinta, CA 101 -GENERAL FUND 201- GAS TAX FUND 202 - LIBRARY FUND 210- FEDERAL ASSISTANCE FUND 212 - SLESF (COPS) FUND 213 -JAG FUND 214 - INDIAN GAMING 215 - LIGHTING & LANDSCAPING FU 218 - CV VIOLENT CRIME TASK FOR 220-QUIMBY FUND 221- AB 939 223 - MEASURE A 231- SUCCESSOR AGCY PA 1 RORF 235 - SO COAST AIR QUALITY FUND 237 - SUCCESSOR AGCY PA 1 ADMIN 240 - CMAQ/ISTEA 241- HOUSING AUTHORITY PA1 242 - HOUSING AUTHORITY PA2 248 - SA 2004 LO/MOD BOND FUND 249 - SA 2011 LOW/MOD BOND FUND 250 -TRANSPORTATION DIF FUND 251- PARKS & REC DIF FUND 252 - CIVIC CENTER DIF FUND 253 - LIBRARY DEVELOPMENT DIF 255 - STREET FACILITY DIF FUND 256 - PARK FACILITY DIF FUND 257 - FIRE PROTECTION DIF 270 - ART IN PUBLIC PLACES FUND 310 - LQ FIN AUTHORITY DEBT SVC 401- CAPITAL IMPROVEMENT PROGR 405 - SA PA 1 CAPITAL IMPRV FU 417 - SA PA2 TAXABLE BOND CIP 501- EQUIPMENT REPLACEMENT 502 - INFORMATION TECHNOLOGY 503 - PARK EQUIP & FACILITY FND 601- SILVER ROCK RESORT 602 - SILVERROCK GOLF RESERVE 760 - SUPPLEMENTAL PENSION PLAN EXPENDITURE SUMMARY REPORT ALL FUNDS Group Summary For Fiscal: 2014-2015 Period Ending: 05/31/2015 Variance Original Current Period Fiscal Favorable Percent Total Budget Total Budget Activity Activity (Unfavorable) Used 35947267.39 39,468,088.44 1,450,754.68 28,096,678.77 11,371,409.67 71.19 % 1116862.00 1,805,172.00 0.00 688,310.00 1,116,862.00 38.13 % 1765242.00 3,086,404.00 29,960.00 93,779.65 2,992,624.35 3.04 % 30000.00 30,000.00 0.00 0.00 30,000.00 0.00 % 100000.00 153,796.00 13,177.67 49,791.51 104,004.49 32.38 % 12978.00 16,518.00 -2,305.10 0.00 16,518.00 0.00 % 0.00 38,026.00 0.00 0.00 38,026.00 0.00 % 960000.00 960,000.00 0.00 0.00 960,000.00 0.00 % 55650.00 55,650.00 3,536.28 30,689.56 24,960.44 55.15 % 294887.00 7,860,360.00 6,235.00 2,560,021.09 5,300,338.91 32.57 % 124087.00 126,087.00 5,433.00 23,615.48 102,471.52 18.73 % 774627.00 1,199,025.00 70,701.95 345,633.51 853,391.49 28.83 % 24180256.00 24,180,256.00 0.00 11,582,106.27 12,598,149.73 47.90 % 40200.00 40,200.00 0.00 14,737.66 25,462.34 36.66 % 714595.00 714,595.00 6,840.00 72,679.74 641,915.26 10.17 % 1813332.00 0.00 0.00 0.00 0.00 0.00 % 320934.05 140,219.05 13,909.49 203,479.18 -63,260.13 145.12 % 594482.00 594,482.00 41,107.49 483,578.83 110,903.17 81.34 % 0.00 2,499,252.00 0.00 4,661.25 2,494,590.75 0.19 % 0.00 25,514,502.00 0.00 0.00 25,514,502.00 0.00 % 126355.00 650,353.00 -1,125,065.97 -97,559.35 747,912.35 -15.00 % 3500.00 3,500.00 0.00 907.72 2,592.28 25.93 % 292400.00 292,400.00 0.00 26,735.91 265,664.09 9.14 % 7200.00 7,200.00 0.00 6,458.47 741.53 89.70 % 10000.00 10,000.00 0.00 7,333.06 2,666.94 73.33 % 10000.00 10,000.00 0.00 9,621.95 378.05 96.22 % 3500.00 3,500.00 0.00 2,732.07 767.93 78.06 % 164200.00 364,200.00 30,000.00 108,632.49 255,567.51 29.83 % 676400.00 676,400.00 0.00 677,552.25 -1,152.25 100.17 % 0.00 75,220,133.80 237,298.92 10,400,963.05 64,819,170.75 13.83 % 0.00 7,587,091.00 0.00 4,956,534.66 2,630,556.34 65.33 % 0.00 2,399,786.00 0.00 0.00 2,399,786.00 0.00 % 782785.00 860,150.00 9,319.34 247,996.41 612,153.59 28.83 % 721372.00 896,685.00 48,536.45 551,280.56 345,404.44 61.48 % 502523.00 502,523.00 0.00 0.00 502,523.00 0.00 % 4287417.87 4,304,014.87 323,719.82 4,236,644.19 67,370.68 98.43 % 0.00 213,208.00 0.00 230,264.58 -17,056.58 108.00 % 0.00 0.00 0.00 12,832.86 -12,832.86 0.00 % Report Total: 76,433,052.31 202,483,777.16 1,163,159.02 65,628,693.38 136,855,083.78 32.41 % 33 34 CONSENT CALENDAR ITEM NO. City of La Quinta CITY COUNCIL MEETING: July 7, 2015 STAFF REPORT AGENDA TITLE: RECEIVE AND FILE TREASURER'S REPORT FOR THE MONTH ENDED APRIL 30, 2015 RECOMMENDATION Receive and file. EXECUTIVE SUMMARY • The Treasurer's Report is submitted to the Investment Advisory Board and City Council for review. • This report summarizes all cash and investments of the City, Successor Agency, Housing Authority, and Financing Authority. • There is sufficient investment liquidity and anticipated revenues available to meet next month's estimated expenditures. FISCAL IMPACT None. BACKGROUND/ANALYSIS The Treasurer's Report (Attachment 1) is submitted to the City Council as required by the California Government Code and City Municipal Code. It certifies that all of the City's pooled investments are reported accurately and fairly in compliance with the applicable codes and also certifies that there is sufficient investment liquidity and anticipated revenues available to meet next month's estimated expenditures. Since the City pools all cash and investments, this report combines all City entities including the Successor Agency, Financing Authority, and Housing Authority. Cash Balances The portfolio's total size increased by $2.9 million in April; the month closed with an ending balance of $109.4 million. The primary transactions affecting this change in balance were: • Checking account receipts exceeded payments by $1.9 million. • Some of the City's largest revenue sources are made in semi-annual payments (usually January and May). The largest single payment received in April was a 35 sales tax payment in the amount of $586,400. The next largest payment received a property tax payment of $560,609. The third largest payment received was a developer deposit in the amount of $500,986. • In addition to monthly personnel costs, larger April payments were: $898,929 to the Riverside County Sheriff's Department for contract police services from December 16, 2014 to January 15, 2015; $427,867 to Arch Insurance Company for work related to the Adams Street Bridge; and $334,141 to Coachella Valley Association of Governments for the City's share of costs related to the Interstate 10/Jefferson St. interchange work. Investment Activity • Average investment maturity in April was 248 days as compared to 261 days in March. • Bank fees for the month of April were $1,072 and the sweep account earned $20 in interest income. Portfolio Performance The overall portfolio performance of .372 percent in April was slightly higher than March's rate of .371 percent. Based on recent trends, the future rate is anticipated to remain unchanged. At this time last year, the portfolio yielded .33 percent. Looking Ahead The Treasurer follows a "buy and hold" investment policy. In the short term, the Treasurer will invest in negotiable certificates of deposits, Government -Sponsored Enterprise securities and Local Agency Investment Funds as needed. The Treasurer will also continue to roll over bond proceeds and reserves into U.S. Treasury Bills and mutual funds as needed. ALTERNATIVES None. Report prepared by: Rita Conrad, Finance Director Report approved by: Frank J. Spevacek, City Manager Attachment: 1. Treasurer's Reports 36 ATTACHMENT 1 ceitit eefi alba MEMORANDUM TO: La Quinta City Council FROM: Rita Conrad, Finance Director/Treasurer SUBJECT: Treasurer's Report for April 30, 2015 DATE: June 3, 2015 Attached is the Treasurer's Report for the month ending April 30, 2015. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department. The following table summarizes the changes in investment types for the month: Investment Beginning Purchased ° Notes Sold/Matured Other Ending Change LAIF 28,885,948 $ 19,583 0 $ 28,905,531 19,583 Interest bearing active bank deposit - 0 - 0 Certificates of Deposit 6,480,000 0 6,480,000 0 US Treasuries - 0 0 0 US Gov't Sponsored Enterprises 37,969,445 1,284 37,970,729 1,284 Commercial Paper - 0 0 Corporate Notes - 0 0 0 Mutual Funds 31,340,838 161 (66,739) 0 31,274.260 (66.578) Subtotal $ 104,676,231 $ 19,744 $ (66.739) $ 1.284 $ 104,630,520 $ (45,711) Cash $ 1,836,675 1 (1) & (3) $ 2,950,820 $ 4,787,495 $ 2,950.820 Total $ 106,512,906 $ 19,744 L 1 $ 2,884,081 1 $ 1,284 J $ 109,418,015 L$ 2,905,109 I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. Rita onrad Finan Irector/Treasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. 0.,,,/;///,/ 5 Date (3) The cash account may reflect a negative balance. This negative balance will be offset with transfers from other investments before warrants are presented for payment by the payee at the bank. 37 City of La Quinta Treasurer's Commentary April 2015 Cash Balances The portfolio's total size increased by $2.9 million in April; the month closed with an ending balance of $109.4 million. The primary transactions affecting this change in balance were: Checking account receipts exceeded payments by $1.9 million. Some of the City's largest revenue sources are made in semi-annual payments (usually January and May). The largest single payment received in April was a sales tax payment in the amount of $586,400. The next largest payment received a property tax payment of $560,609. The third largest payment received was a developer deposit in the amount of $500,986. In addition to the usual monthly personnel costs, larger payments that went out in April were: $898,929 to the Riverside County Sheriff's Department for contract police services from 12- 16-14 to 1-15-15; $427,867 to Arch Insurance Company for work related to the Adams Street Bridge; and $334,141 to Coachella Valley Association of Governments for the City's share of costs related to the Interstate 10/Jefferson St. interchange work. Investment Activity Average investment maturity in April was 248 days as compared to 261 days in March. Bank fees for the month of April were $1,072 and the sweep account earned $20 in interest income. Portfolio Performance The overall portfolio performance of .372% in April was slightly higher than March's rate of .371%. Based on recent trends, the future rate is anticipated to remain unchanged. At this time last year, the portfolio yielded .33%. Looking Ahead The Treasurer follows a "buy and hold" investment policy. In the short term the Treasurer will invest in negotiable certificates of deposits, GSE securities and LAIF as needed. The Treasurer will also continue to roll over bond proceeds and reserves into U.S. Treasury Bills and mutual funds as needed. 38 ECONOMY AT A GLANCE (APRIL 2015) Riverside -sari Bernardino-Omaria, iL. Eco. -o ny a: a G anr_ 313 5.9r Labor Force Data Civilian Labor Force DJ Employment ID B arr. Noir L eta 13im fab Ms Apr 2014 2015 2015 2015 2015 Ail 1546.1 1,43= u 1,4410 1,440.1 1,235.1 ,,_'31,2320 d e 1,74316 1,1333 - 1.748.4 1,907.9 1,8124 ,!' 1,812.9 Unemployment in Apt 146.6 1.3- E 1-116 1322 125.7 119112_1 Unemployment Rate i • + 7.6 _ 7.3 65 65 e�'162 Nonfarm ,Wage and Salary Employment Total Nonfarm 01 1,3212 1,324.5 1,311.7 1,320.7 1,326.7 1;330..9 12 -month D change Mining and Lagging II/ 12 -month °=`n change Construction ;T-, i 2 -month % change 3.7 1.3 83 78.6 6.1 32 12 0.0 75.8 3.1 43 12 0.0 76.9 43 4.5 12 -73 782 6.3 43 12 -7.7 78.8 5.8 L 4.1 !'1 12 g d 4783 !Li4.7 ManufacturingP1 1.2 -month q change Trade, Transportation, and Utilities P1 12 -month change Information 11 93.9 919 916 915 91.2 �, 92.7 29 25 1.7 261 3.6 fort 3312 335.7 321.9 3315 340.7 .?' 3205 3.8 4.2 416 4.8 in 4.1 11.1 11.2 11.1 112 112 s_' 11.3 12 -month %change Financial Actiwitiesi 12 -month %change 1ProhmsionalandF,#us'nemSFenrices -3.5 -2.6 -18 !DEO 432 432 435 44.4 44.7 44.3 1.6 1.4 3.5 5.0 5.4 1.135 144.4 145.1 14510 145.3 146.7 151.4 12 -month '°:to change Education and health Sevicesl1 12 -month % change Arf 6.3 8.1 116 8.8 91 111 101.7 1962 19616 196.1 19910 194.6 1985 29 3.3 35 4.0 3.9 Leisure and Hospitality Il 147.0 149.9 1495 1528 153.3 1153.9 12 -month %change Other Serotic 0. 12 -month %change Go,ternmert P1 516 5.8 5.3 6.2 5.5 X6.7 432 42.7 433 44.1 443 44.1 11 2.4 2.9 35 2.8 13CB 234.1 2322 2329 232.5 235.7 2353 12 -month %change 2.0 2.1 2_0 1.7 1.5 ems' ii 6.9 Consumer Price Index: Las Angeles verside-OrangeCaunty, CA CPI -U, All items I 1 241.753 240.475 239.724 241297 243.738 243369 CPI -1.1, All items; 12 -month ,% change 1,3 0.7 -0.1 0.1 05 0;5 CPI -W, Al 1 items P1 233.826 23`.333 231J3 232.975 235.921 235.697 CPI -W, All items, 12 -month %change f5! 10 0.3 -0.7 -0.4 02 0.0 1 '1ji:r_•v' r:,xr_..i:•ry.r,arcb,Ina s oadjbted. 3i41ri u' ju_.. • : • oi_u_a.r.L., gititseastfairadjAes6.SeeAk .thFed a. ;a', r, I• e i' rr-_ °i c ,. : 1932-81. 101 IA -h.eakorialy3dja* i. Clerkalti14zAas, t a: 1222-84=103, IA seay.tdol jY�lfYl. 39 CITY OF LA QUINTA PERMISSIBLE DEPOSITS AND INVESTMENTS April 30, 2015 The City Treasurer will be permitted to invest in the following types of investments subject to the maximum percentage compliance limits and bid process requirements: All maturities must be less than the maximum allowed. Type of Investments Checking/Savings and other time accounts Certificate of Deposits U.S. Treasury Bills, Strips, Notes and Bonds. U.S. Government Sponsored Enterprises and Federal Government Securities ( except any collateralized mortgage obligation (CMO) or structured note which contains embedded rate options): - Government National Mortgage Association (GNMA) - Federal Farm Credit (FFCB) - Federal Home Loan Bank Notes & Bonds (FHLB) - Federal National Mortgage Association (FNMA) - Federal Home Loan Mortgage Corporation (FHLMC) Prime Commercial Paper Medium Term Corporate Notes - TLGP Local Agency Investment Fund (LAIF) Local Agency Bonds/CA Local Agency Bond Obligations Professionally Managed Account Money market mutual funds regulated by the Securities and Exchange Commission and whose portfolio consists only of US Agency Securities maintaining a par value per share of $1. Investment Agreements for bond proceeds and/or reserve funds. Total Annualized Earnings of Pooled Cash Investments Annualized Eamings of Fiscal Agent Investments Annualized Earnings of All Investments All Funds Maximum All Funds Actual % All Funds Over (Under) 85.00% 1 4.38% 1 -80.62% 60.00% 1 5.92% -54.08% 100.00% 0.00% -100.00% 30.00% 34.70% 4.70% 30,000,000 25,000,000 20,000,000 20,000,000 $ 20,000,000 18,000,000 (10,000,000) (25,000,000) (2,000,000) (20,000,000) 95,000,000 $ 38,000,000 (57,000,000) 15.00% 0.00% -15.00% 5,000,000 5,000,000 0 (5,000,000) (5,000,000) 20.00% - -20.00% 10,000,000 - (10,000,000) 10,000,000 0 (10,000,000) 30.00% 26.42% -3.58% 10.00% 0.00% -10.00% 10.00% 0.00% -10.00 % 20.00% 28.58% 8.58 % Surplus Maximum Surplus Surplus Over (Under) Restrictions Maximum Maturity Credit Quality Exceptions 85.00% 1 0.93% 1 -84.07% 60.00% 1 6.14% 1 -53.86% 100.00% 0.00% -100.00% 30.00% 35.95% 5.95% <=$250,000 per institution 1 3 years 1 FDIC Insured 1 None <=$250,000 per institution 1 5 years 1 FDIC Insured None Except no more than $8 million may be invested over 2 years 10 years None Restricted to per -issuer limits below: 3 years None 30,000,000 20,000,000 (10,000,000) 25,000,000 (25,000,000) 20,000,000 18,000,000 (2,000,000) 20,000,000 - (20,000,000) 95,000,000 $38,000,000 $ (57,000,000) 15.00% 0.00% -15.00% $30.0 million $25.0 million $20.0 million $20.0 million $95.0 million 15% 90 days Standard & Poors/Moody's None 10.00% 0.00% -10.00% 30.00% 27.37% -2.63% 10.00% 0.00% -10.00% A-1, P-1 $10,000,000 per Issuer 3 years at least Standard & Poors "AA" None $50,000,000 per account Utilize DVP 3 years Unrated None $30,000,000 per account 10 years 10.00% 0.00% -10.00% 3 years N/A 0.00% N/A 100.00% 1 0.522% 0.020% 0.372% 20% 29.61% 9.61% N/A 0.00% N/A 100.00% Maintain $1 per share par value. Utilize DVP 60 days AAA by two of three rating agencies or assets of $500 million and investor SEC licensed > 5 yrs None None 40 City of La Quinta Summary of Holdings City, Redevelopment Agency and Financing Authority April 30, 2015 r City Cash & Investments Bank Accounts Name - Availability Surplus Type Interest Rate Book Value Accrued Interest Unrealized Gain (Loss) Market Value Bank Wells Fargo - Demand Petty Cash - Demand Washington St. Apts. - Demand Washington St. Apts. - Demand Washington St. Apts. - Demand Washington St. Apts. - Demand Washington St. Apts. - Demand Washington St. Apts. - Demand Washington St. Apts. Petty Cash - Demand Wells Fargo/Housing - Demand Yes No Yes Yes Yes Yes Yes Yes Yes Yes Checking N/A Operating Taxes & Insurance Acct Security Deposit Savings Money Market Replacement Reserve CD N/A Checking 0.00% N/A N/A 0.00 0.05% 0.05% 0.25% 0.10% 0.00% 0.00% $ 3,807,470 1,700 53,448 12,030 27,529 200,959 30,729 610,350 200 43,080 $ 20 N/A N/A N/A 1 8 6 12 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A $ 3,807,490 1,700 53,448 12,030 27,530 200,967 30,735 610,362 200 43,080 $ 3,929,195 1,700 68,941 12,030 27,529 200,959 30,729 580,347 200 49,585 Total - Bank Accounts $ 4,787,495 $ 47 $ 4,787,542 4,901,215 U. S. Government Sponsored Enterprises Custodian - Availability Surplus Issuer/Type Discount/ Rate Amortized Value Accrued Interest Unrealized Gain (Loss) Market Value Days to Maturity Par Value Settlement Date Maturity Date Original Days to Maturity Yield to Maturity Market Value Source Bank of New York - Demand Yes FFCB 0.400% $ 20,000,000 3,333 $ (2,733) $ 20,000,600 351 $ 20,000,000 4/15/2013 4/15/2016 1096 0.400% Bank of New York Bank of New York - Demand Yes FNMA 0.750% $ 12,970,729 12,187 $ 29,153 $ 13,012,069 684 $ 13,000,000 6/17/2013 3/14/2017 1366 0.750% Bank of New York Bank of New York - Demand Yes FNMA 0.750% $ 5,000,000 4,688 $ 10,783 $ 5,015,471 684 $ 5,000,000 5/30/2013 3/14/2017 1384 0.750% Bank of New York Total - U.S. Government Securities Yes Discover Bank CD 0.650% $ 37,970,729 $ 20,208 $ 37,203 $ 38,028,140 284 $ 38,000,000 2/6/2013 2/8/2016 1097 0.650% Discover Bank Certicates of Deposit Custodian - Availability Surplus Issuer/Type Yield Price Cost Accrued Interest Unrealized Gain (Loss) Cost + Accrued Interest Days to Maturity Par Value Settlement Date Maturity Date Original Days to Maturity Yield to Maturity Market Value Source G.E. Cap Bank CTF Dep Prgrm Yes G.E. Capital Bank CD 1.100% 240,000 991- 5.00% 240,991 959 240,000 12/14/2012 12/14/2017 1826 1.100% G.E. Capital Bank Goldman Sachs Yes Goldman Sachs CD 1.500% 240,000 998 - 240,998 964 240,000 12/14/2012 12/19/2017 1831 1.150% Goldman Sachs Ally Bank Yes Ally Bank CD 0.900% 240,000 781- 240,781 235 240,000 12/14/2012 12/21/2015 1102 0.900% Ally Bank Discover Bank Yes Discover Bank CD 0.650% 240,000 355- 240,355 284 240,000 2/6/2013 2/8/2016 1097 0.650% Discover Bank First National Bank Yes First National Bank CD 0.500% 240,000 56- 240,056 288 240,000 2/13/2013 2/12/2016 1094 0.500% First National Bank Amex Centurion Yes Amex Centurion Bank CD 1.000% 240,000 987 - 240,987 1,196 240,000 8/8/2013 8/8/2018 1826 1.900% Amex Centurion Bank CitiBank Yes Citibank CD 1.000% 240,000 937- 240,937 1,202 240,000 8/14/2013 8/14/2018 1826 1.900% CitiBank CD Webster Bank Yes Webster Bank CD 1.800% 240,000 83- 240,083 1,454 240,000 4/23/2014 4/23/2019 1826 1.800% Webster Bank BMW Bank Yes BMW Bank CD 1.900% 240,000 62- 240,062 1,456 240,000 4/25/2014 4/25/2019 1826 1.900% BMW Bank Medallion Bank Yes Medallion Bank CD 1.350% 240,000 44 - 240,044 1,091 240,000 4/25/2014 4/25/2018 1461 1.350% Medallion Bank Barclays Bank Yes Barclays Bank CD 1.900% 240,000 12- 240,012 1,460 240,000 4/29/2014 4/29/2019 1826 1.900% Barclays Bank Third Savings Bank & Loan Yes Third Savings Bank & Loan CD 1.250% 240,000 8- 240,008 1,094 240,000 4/29/2014 4/28/2018 1460 1.250% Third Savings Bank & Loan Berkshire Bank Yes Berkshire Bank CD 1.350% 240,000- - 240,000 1,096 240,000 4/30/2014 4/30/2018 1461 1.350% Berkshire Bank Crescent Bank Yes Crescent Bank CD 1.300% 240,000- - 240,000 1,096 240,000 4/30/2014 4/30/2018 1461 1.300% Crescent Bank Cornerstone Commercial Bank Yes Cornerstone Commercial Bank CD 1.350% 240,000- - 240,000 1,096 240,000 4/30/2014 4/30/2018 1461 1.350% Cornerstone Commercial Bank First Merchants Bank Yes First Merchants Bank CD 1.500% 240,000- - 240,000 1,096 240,000 4/30/2014 4/30/2018 1461 1.500% First Merchants Bank Ephrata Bank Yes Ephrata Bank CD 1.650% 240,000- - 240,000 1,096 240,000 4/30/2014 4/30/2018 1461 1.650% Ephrata Bank Parkway Bank & Trust Yes Parkway Bank & Trust CD 0.450% 240,000 467- 240,467 389 240,000 5/23/2014 5/23/2016 731 0.450% Parkway Bank & Trust Customers Bank Yes Customers Bank CD 1.000% 240,000 1,006- 241,006 761 240,000 5/28/2014 5/30/2017 1098 1.000% Customers Bank Traverse City Yes Traverse City CD 1.100% 240,000- - 240,000 945 240,000 5/30/2014 11/30/2017 1280 1.100% Traverse City Merrick Bank Yes Merrick Bank CD 1.350% 240,000 186- 240,186 1,105 240,000 5/9/2014 5/9/2018 1461 1.350% Merrick Bank Regal Bank Yes Regal Bank CD 1.400% 240,000 129- 240,129 1,173 240,000 5/16/2014 7/16/2018 1522 1.400% Regal Bank Synchrony G.E. Capital Retail Bank CD (Drap Yes Synchrony G.E. Capital Retail Bank 2.000% 240,000 2,341- 242,341 1,463 240,000 5/2/2014 5/2/2019 1826 2.000% my G.E. Capital Retail Bank CD ( First Business Bank Yes First Business Bank CD 1.750% 240,000 1,853- 241,853 1,481 240,000 5/20/2014 5/20/2019 1826 1.750% First Business Bank Gulf Coast Bank Yes Gulf Coast Bank CD 1.750% 240,000 127- 240,127 1,481 240,000 5/19/2014 5/20/2019 1827 1.750% Gulf Coast Bank Peapack -Goldstone Bank Yes Peapack -Goldstone Bank CD 1.800% 240,000 24- 240,024 1,489 240,000 5/28/2014 5/28/2019 1826 1.800% Peapack -Goldstone Bank Washington Trust Yes Washington Trust CD 0.650% 240,000 607- 240,607 620 240,000 6/9/2014 1/9/2017 945 0.650% Washington Trust Total - Certificates of Deposit Average CD Yield 1.306% $ 6,480,000 $ 12,054 $ - $ 6,492,054 $ 6,480,000 Local Agency Investment Fund Name - Availability Surplus Type Interest Rate Book Value Accrued Interest Unrealizable Gain/(Loss) Market Value Days to Maturity Actual Management Fees Charged Statutory Management Fees Allowed LAIF - City-Demandes State Pool 0.28% $ 28,905,531 $ 11,092 $28,916,623 3.22 % - Qtr ending 03/31/15 5.00% Total - State Pool $ 28,905,531 $ - $ 11,092 $ 28,916,623 Total City Investments Total City Cash & Investments $ 73,356,260 $ 32,262 $ 48,295 $ 73,436,817 $ 78,143,755 $ 32,309 $ 48,295 $ 78,224,359 41 City of La Quints Summary of Holdings City, Redevelopment Agency and Financing Authority April 30, 2015 Fiscal Agent Investments Portfolio - SA Investments Custodian - Availability Surplus Issuer/Type Interest Rate Amortized Value Accrued Interest Unrealized Gain (Loss) Market Value Market Value Days to Maturity Par Value Civic Center U.S.Bank - Project Settlement Date Maturity Date Original Days to Maturity Yield to Maturity Market Value Source $ - 1 1996 City Hall Revenue Bonds .40% of Average Daily Civic Center U.S.Bank - Debt Svc Yes 1st American 0.020% N/A - 1 1996 City Hall Revenue Bonds 1994 SA U.S. Bank -Debt Svc Total- U.S. Treasury 1st American 0.020% $ - $ - $ - $ - 1998 SA U.S. Bank -PA 2 Debt Svc 0 Portfolio - Money Mrkt Mutual Funds Trustee - Availability Surplus Money Market Mutual Fund Interest Rate Book Value Accrued Interest Unrealizable Gain/(Loss) Market Value Days to Maturity Bond Issue Management Fees Civic Center U.S.Bank - Project Yes 1st American 0.020% N/A $ - 1 1996 City Hall Revenue Bonds .40% of Average Daily Civic Center U.S.Bank - Debt Svc Yes 1st American 0.020% N/A - 1 1996 City Hall Revenue Bonds 1994 SA U.S. Bank -Debt Svc Yes 1st American 0.020% N/A 1 1994 Series Bonds -PA 1 1998 SA U.S. Bank -PA 2 Debt Svc Yes 1st American 0.020% N/A - 1 1998 Series Bonds - PA 2 1998 SA U.S. Bank -PA 1 Debt Svc Yes 1st American 0.020% N/A - 1 1998 Series Bonds - PA 1 1996 FA Series Bond Yes 1st American 0.020% N/A - 1 1996 FA Series Bond 2001 SA U.S. Bank -Debt Service Yes 1st American 0.020% N/A - 1 2001 Series Bonds - PA 1 2004 Fin Auth Revenue Bonds Yes 1st American 0.020% N/A - 1 2004 Financing Authority 2004 Fin Auth Housing Project Yes 1st American 0.020% N/A - 1 2004 Financing Authority 2002 SA U.S. Bank - CIP Yes 1st American 0.020% N/A - 1 2002 Series Bonds - PA 1 2002 SA U.S. Bank - Debt Svc Yes 1st American 0.020% N/A - 1 2002 Series Bonds - PA 1 2011 PA 2 Tax Allocation Bond Yes 1st American 0.020% 2,420,287 N/A 2,420,287 1 2002 Series Bonds - PA 1 2011 PA 2 Tax Allocation Bond Yes 1st American 0.020% 45 N/A 45 1 2011 Financing Authority 2011 Financing Authority Debt Service Yes 1st American 0.020% 97 N/A 97 1 2011 Financing Authority 2011 PA 2 Tax Allocation Bond Yes 1st American 0.020% 600,006 N/A 600,006 1 2011 Series Bonds - PA 2 2011 Financing Authority Reserve Yes 1st American 0.020% 2,694,407 N/A 2,694,407 1 2001 Series Bonds - PA 1 2011 PA 2 Taxable Revenue Bond Yes 1st American 0.020% 25,559,403 N/A 25,559,403 1 2001 Series Bonds - PA 1 2011 SA 1 Debt Service Fund Yes 1st American 0.020% N/A - 1 2011 Series Bonds - PA 2 2011 SA 2 Bond Proceeds Yes 1st American 0.020% N/A 1 2011 Series Bonds - PA 2 2013 Series A Refunding Bonds Yes 1st American 0.020% 6 N/A 6 1 2013 Series A Refunding Bonds 2013 Series B Refunding Bonds Yes 1st American 0.020% 1 N/A 1 1 2013 Series B Refunding Bonds 2014 Tax Allocation Refunding Bonds Yes 1st American 0.020% 8 N/A 8 1 2014 Tax Alloc Ref Bonds Subtotal - Mutual Fund 31,274,260 $ - $ - 31,274,260 Total Fiscal Agent Investments Grand Total Average Maturity $ 31,274,260 - $ 31,274,260 $ 109,418,015 $ 32,309 I $ 48,295 I $ 109,498,619 248 Days 0.15% 42 City of La Quinta Summary of Investment Activities City, Successor Agency and Financing Authority April 30, 2015 Investments Purchased Name Type Principal Date Yield to Maturity LAIF-CITY Reinvested Interest Income - Quarterly 19,583 4/15/2015 1,284 US Bank Mutual Fund Interest 161 Total Investments Purchased 19,744 Investments Sold/Matured Name Type Principal Date Yield to Maturity US BANK DEBT SERVICE (66,739) 4/1/2015 1,284 Total Investments Sold/Matured 109,418,015 (66,739) Checking & Savings - Net Change $ 2,950,820 Unamortized Premium/Discount Change $ 1,284 Investment Change Prior Month Ending Balance $ 106,512,906 Plus : Investments Purchased 19,744 Less: Investments Sold (66,739) Checking & Savings - Net Change 2,950,820 Unamortized Premium/Discount change 1,284 Month Ending Balance 109,418,015 43 City of La Quints Distribution of Cash & Investments & Balances April 30, 2015 Distribution of Cash & Investments City Totals General Fund $ 42,388,208 Gas Tax 1,274,593 Quimby Fund 5,628,799 AB 939 757,909 Infrastructure Fund 23,255 Developer Impact fees 1,963,132 Art in Public Places 706,347 Special Revenue 1,373,880 Interest Fund 62,214 Capital Project Fund 1,433,292 Equipment Replacement Fund 2,672,081 Information Technology Fund 787,000 Park Equipment & Facility 2,042,459 Landscape & Lighting Fund 511,135 S0xerRock Resort (659,112) Trust & Agency Funds 266,009 Supplemental Pension Plan 151 191 Subtotal $ 61,382,392 49,020,932 Successor Agency Totals 0 Project Area Project Area 0 0 1 2 0 Capital Improvement Funds $ 6,495,456 $ 5,422,290 $ 11,917,746 Debt Service Funds 6,634,423 1,162,151 $ 7,796,574 Successor Agency (8,426,199) 17,597 $ (8,408,602) Low & Moderate Income Funds 32 110 097 1 427 007 $ 33 537 104 Subtotal $ 36,813,778 $ 8,029,045 $ 44,842,823 37,962,983 Housing Authority 37,965,593 Low & Moderate Income Funds $ 1 948,325 $ 1,249,847 $ 3198 172 Subtotal $ 1,948,325 $ 1,249,847 $ 3,198,172 0 Financing Authority 0 Project Funds 0 Debt Service Funds (5,371) 15.371) Subtotal $ 15,371) 0 0 Total § 109,418,015 Cash Balances Type July 14 August September October November December January 15 February March April May June Cash &Investments 7,148,056 2,012,131 3,135,406 1,490,701 2,497,575 4,025,819 4,805,279 1,200,665 1,836,675 4,787,495 3,830,962 8,993,908 State Pool 49,040,985 35,540,985 32,540,984 29,567,293 27,367,293 27,367,293 35,885,948. 29,885,948 28,885,948 28,905,531 33,020,932 49,020,932 Interest bearing active bank deposit 0 0 0 0 0 0 0 0 0 0 0 0 QS Treasury Bills/Notes 0 0 0 0 0 0 0 0 0 0 0 0 U.S. Government Sponsored Enterprises 37,959,046 37,960,372 37,961,656 37,962,983 37,964,267 37,965,593 37,966,920 37,968,118 37,969,445 37,970,729 39,956,435 37,957,719 Prime Commercial Paper 0 0 0 0 0 0 0 0 0 0 0 0 Corporate Notes 0 0 0 0 0 0 0 0 0 0 0 0 Certificates of Deposit 6,480,000 6,480,000 6,480,000 6,480,000 6,480,000 6,480,000 6,480,000 6,480,000 6,480,000 6,480,000 6,240,000 6,480,000 Mutual Funds 31,302,066 42,911,657 31,879,618 31,273,469 31,273,629 31,273,784 31,273,944 37,298,633 31,340,838 31,274,260 33,847,974 33,870,741 Total $ 131,930,153 $124,905,145 $ 111,997,664 $ 106,774,446 $ 105,582,764 $107,112,489 $ 116,412,091 $ 112,833,364 $ 106,512,906 $109,418,015 $ - $ Type July 13 August September October November December January 14 February March April May June Cash & Investments 437,484 648,459 697,949 1,684,080 565,369 1,931,555 3,557.663 5,680,831 3.591,157 1,334,084 3,830,962 8,993,908 State Pool 34,424,537 18,824,537 17,624,537 15,993,075 17,993,075 18,793,075 28,905,531 31,804,337 31,804,337 31,820,932 33,020,932 49,020,932 Interest bearing active bank deposit 39,962,564 39,964,504 39,966,844 0 0 0 0 0 0 0 0 0 U.S Treasury Bills/Notes 40,194,271 40,196,750 40,199,152 40,200,516 40,199,481 30,200,805 15,201,841 11,999,464 0 0 0 0 U.S Government Sponsored Enterprises 42,943,426 42,944,752 42,946,036 42,947,363 39,948,647 39,949,973 39,951,300 39,952,498 39,953,825 39,955,109 39,956,435 37,957,719 Prime Commercial Paper 0 0 0 0 0 0 0 0 0 0 0 0 Corporate Notes 0 0 0 0 0 0 0 0 0 0 0 0 Certificates of Deposit 1,440,000 1,680,000 1,680,000 6,480,000 1,680,000 1,680,000 6,480,000 1,680,000 1,680,000 4,080,000 6,240,000 6,480,000 Mutual Funds 3,215,116 15,671,311 3,436,046 2,846,265 2,559,799 12,559,821 18,645,070 25,098,875 33,928,993 33,847,806 33,847,974 33,870,741 Total $ 162,617,398 $ 159,930,313 $ 146,550,564 $ 110,151,279 $ 102,946,371 $105,115,229 $ 112,741,405 $ 116,216,005 $ 110,958,312 $ 111,037,931 $ 116,696,303 $ 136,323,300 Type July 12 August September October November December January 13 February March April May June Cash & Investments (524,579) 787,300 347,529 (1,030,761) 10,988,854 (487,400) 1,706,699 555,859 214,521 42,116 706,238 72,776 State Pool 37,144,005 17,769,005 26,519,005 29,646,825 26,246,825 37,946,825 46,871,689 39,771,689 37,971,689 39,501,132 35,801,132 36,801,132 Interest bearing active bank deposit 39,975,735 39,941,367 39,955,737 39,972,429 39,987,007 39,898,494 39,909,510 39,919,093 39,928,379 39,938,373 39,947,649 39,955,556 U.S. Treasury 8ills/Notes 72,981,334 70,986,318 70,986,311 70,992,223 61,031,070 61,033,380 61,035,737 61,036,858 61,037,947 40,992,801 40,992,192 40,191,789 U.S Government Sponsored Enterprises 8,999,015 8,999,709 0 0 0 0 0 3,000,000 3,000,000 23,000,000 28,000,000 42,942,099 Prime Commercial Paper 11,998,605 4,999,025 4,999,721 0 0 0 0 0 0 0 0 0 Corporate Notes 0 0 0 0 0 0 0 0 0 0 0 0 Certificates of Deposit 724,000 480,000 480,000 480,000 480,000 1,200,000 1,200,000 1,680,000 1,680,000 1,680,000 1,680,000 1,440,000 Mutual Funds 16,025,086 15,464,837 2,540,266 2,497,187 2,503,903 2,462,175 2,462,208 9,029,319 2,490,259 2,409,320 2,412,269 3,215,081 Total $ 187,323,201 $ 159,427,561 $ 145,828,569 $ 142,557,903 $ 141,237,659 $142,053,474 $ 153,185,843 $ 154,992,818 $ 146,322,795 $ 147,563,742 $ 149,539,480 $ 164,618,433 Type July 11 August September October November December January 12 February March April May June Cash & Investments 281,578 9,976,528 249,778 13,795,085 -1.,090,198 979,796 1,057,919 6,838,073 -343,072 254,700 2,980,840 455,407 State Pool 21.,378,745 17,978,745 17,278,745 15,200,984 26,650,984 39,150,985 39,975,653 31,975,653 36,675,653 35,510,862 39,910,862 38,010,862 Interest beanng active bank deposit 10,001,051 15,007,114 39,514,615 39,527,820 39,546,824. 39,563,950 39,581,019 39,896,313 39,912,287 39,928,765 39,944,847 39,959,602 U.S Treasury Bills/Notes 58,942,159 58,947,722 72,949,195 60,955,235 60,962,430 43,967,696 43,970,933 58,371,968 58,369,810 73,368,195 72,968,698 72,974,913 U.S Govemment Sponsored Enterprises 19,994,459 19,997,371 14,995,325 14,996,096 14,996,842 14,997,613 23,997,920 23,998,996 23,996,161 8,996,956 8,997,650 8,998,321 Prime Commercial Paper 19,992,888 4,997,433 00 0 6,999,427 14,996,537 14,998,717 9,996,828 9,998,388 9,996,342 11,997,202 Corporate Notes 10,034,373 10,024,534 5,015,752 5,008,776 5,002,025 0 0 0 0 0 0 0 Certificates of Deposit 724,000 724,000 724,000 724,000 724,000 724,000 724,000 724,000 724,000 724,000 724,000 724,000 Mutual Funds 45,287,175 45,258,832 16,767,608 16,130,247 16,130,247 16,132,569 15,983,994 3,585,189 3,612,383 3,397,985 3,763,623 16,088,410 Total $ 186,636,428 $ 182,912,279 $ 167,495,018 $ 166,338,243 $ 162,923,154 $162,516,036 $ 180,287,975 $ 180,388,909 $ 172,944,050 $ 172,179,851 $ 179,286,862 $ 189,208,717 44 City of La Quinta Comparative Rates of Interest April 30, 2015 Year FY 10/11 City of La Quinta Commercial Paper Annualized Earnings Average Treasury Bills/Note Three Month Month Pooled Cash Fiscal Agent Overall Maturity (days) Three Month Six Month One Year Two Year Non -Financial LAIF Rate FY 11/12 FY 12/13 FY 13/14 FY 14/15 July2010 0.50% 0.15% 0.47% 119 0.16% 0.20% 0.30% 0.63% 0.28% 0.53% Aug 2010 0.49% 0.15% 0.46% 108 0.15% 0.19% 0.26% 0.38% 0.25% 0.51% Sept2010 0.55% 0.15% 0.51% 107 0.16% 0.19% 0.27% 0.38% 0.24% 0.50% Oct2010 0.55% 0.15% 0.51% 88 0.13% 0.17% 0.23% 0.38% 0.23% 0.48% Nov2010 0.53% 0.15% 0.49% 84 0.18% 021% 028% 0.50% 0.23% 0.45% Dec 2010 0.57% 0.14% 0.52% 265 0.15% 0.19% 0.30% 0.63% 0.23% 0.46% Jan 2011 0.51% 0.14% 0.43% 206 0.16% 0.18% 0.28% 0.63% 024% 0.54% Feb2011 0.55% 0.17% 0.46% 210 0.15% 0.17% 0.31% 0.63% 0.23% 0.51% Mar2011 0.54% 0.17% 0.45% 218 0.05% 0.13% 0.26% 0.75% 0.23% 0.50% Apr2011 0.59% 0.17% 0.48% 192 0.05% 0.10% 0.28% 0.63% 0.20% 0.59% May2011 0.48% 0.17% 0.41% 156 0.06% 0.12% 0.20% 0.50% 0.16% 0.41% June 2011 0.53% 0.00% 0.35% 126 0.03% 0.10% 0.20% 0.38% 0.15% 0.45% July2011 0.53% 0.00% 0.35% 112 0.07% 0.12% 0.15% 0.20% 0.14% 0.38% Aug 2011 0.60% 0.00% 0.38% 102 0.02% 0.05% 0.10% 0.13% 0.16% 0.41% Sept2011 0.58% 0.03% 0.39% 124 0.02% 0.06% 0.09% 0.13% 0.14% 0.38% Oct 2011 0.53% 0.03% 0.35% 117 0.01% 0.06% 0.12% 0.25% 0.15% 0.39% Nov2011 0.52% 0.03% 0.37% 94 0.03% 0.07% 0.10% 0.25% 0.14% 0.40% Dec2011 0.48% 0.03% 0.35% 86 0.02% 0.06% 0.11% 0.13% 0.14% 0.39% Jan 2012 0.45% 0.03% 0.34% 74 0.05% 0.08% 0.11% 0.25% 0.14% 0.39% Feb2012 0.49% 0.05% 0.36% 72 0.12% 0.15% 0.17% 025% 0.17% 0.39% Mar2012 0.44% 0.05% 0.34% 74 0.08% 0.14% 0.19% 0.25% 0.18% 0.38% Apr2012 0.44% 0.09% 0.35% 61 0.10% 0.15% 0.19% 025% 0.20% 0.37% May2012 0.43% 0.09% 0.34% 62 0.09% 0.14% 0.19% 0.25% 0.19% 0.36% June2012 0.38% 0.08% 0.29% 47 0.10% 0.15% 0.21% 0.25% 0.21% 0.36% July2012 0.41% 0.08% 0.31% 112 0.11% 0.15% 0.18% 0.22% 0.22% 0.36% Aug 2012 0.41% 0.08% 029% 31 0.11% 0.14% 0.20% 0.25% 0.20% 0.38% Sept2012 0.43% 0.09% 0.33% 34 0.11% 0.14% 0.18% 0.25% 0.20% 0.35% Oct2012 0.47% 0.10% 0.36% 22 0.13% 0.16% 0.18% 025% 0.19% 0.34% Nov2012 0.48% 0.10% 0.36% 161 0.10% 0.15% 0.18% 0.25% 0.20% 0.32% Dec2012 0.47% 0.10% 0.36% 137 0.08% 0.12% 0.16% 0.13% 0.20% 0.33% Jan 2013 0.44% 0.10% 0.34% 111 0.08% 0.11% 0.14% 0.25% 0.16% 0.30% Feb2013 0.37% 0.10% 0.29% 105 0.13% 0.14% 0.15% 0.25% 0.17% 0.29% Mar2013 0.39% 0.09% 0.30% 123 0.08% 0.11% 0.15% 0.25% 0.15% 0.29% Apr2013 0.31% 0.08% 025% 186 0.05% 0.08% 0.14% 0.13% 0.12% 0.26% May 2013 0.30% 0.06% 0.23% 175 0.05% 0.08% 0.14% 0.25% 0.10% 0.25% June 2013 0.30% 0.07% 0.23% 212 0.05% 0.09% 0.16% 0.38% 0.10% 0.24% July2013 0.28% 0.07% 021% 336 0.03% 0.07% 0.12% 0.25% 0.11% 0.27% Aug 2013 0.28% 0.06% 0.21% 303 0.03% 0.06% 0.07% 0.14% 0.09% 0.27% Sept2013 0.30% 0.07% 0.23% 321 0.01% 0.04% 0.01% 0.25% 0.08% 0.26% Oct2013 0.48% 0.06% 0.31% 427 0.05% 0.08% 0.16% 0.25% 0.11% 0.27% Nov2013 0.49% 0.06% 0.31% 444 0.05% 0.08% 0.16% 0.25% 0.09% 0.26% Dec2013 0.49% 0.05% 0.31% 396 0.07% 0.09% 0.14% 0.25% 0.09% 0.26% Jan 2014 0.44% 0.05% 0.32% 381 0.04% 0.06% 0.13% 0.38% 0.09% 0.24% Feb 2014 0.44% 0.03% 0.30% 357 0.05% 0.08% 0.12% 0.25% 0.10% 0.24% Mar 2014 0.44% 0.02% 0.30% 352 0.05% 0.07% 0.12% 0.38% 0.10% 0.24% Apr2014 0.47% 0.02% 0.33% 368 0.02% 0.05% 0.11% 0.45% 0.10% 0.23% May2014 0.49% 0.02% 0.35% 373 0.04% 0.06% 0.10% 0.39% 0.10% 0.23% June 2014 0.44% 0.02% 0.33% 310 0.04% 0.07% 0.11% 0.50% 0.10% 0.23% July2014 0.45% 0.02% 0.34% 305 0.03% 0.06% 0.11% 0.50% 0.10% 0.24% Aug 2014 0.49% 0.02% 0.36% 313 0.03% 0.05% 0.11% 0.50% 0.11% 0.26% Sept2014 0.50% 0.02% 0.36% 325 0.02% 0.04% 0.12% 0.50% 0.10% 0.25% Oct2014 0.52% 0.02% 0.37% 323 0.02% 0.06% 0.10% 0.38% 0.10% 0.26% Nov 2014 0.52% 0.02% 0.37% 317 0.03% 0.08% 0.14% 0.50% 0.10% 0.26% Dec 2014 0.52% 0.02% 0.37% 304 0.02% 0.07% 0.18% 0.50% 0.13% 0.27% Jan 2015 0.49% 0.02% 0.36% 268 0.02% 0.07% 0.21% 0.50% 0.12% 0.26% Feb2015 0.51% 0.02% 0.36% 269 0.02% 0.08% 0.21% 0.50% 0.12% 0.27% Mar2015 0.52% 0.02% 0.37% 248 0.04% 0.14% 027% 0.50% 0.11% 0.28% Apr 2015 0.52% 0.02% 0.37% 248 0.02% 0.07% 0.25% 0.50% 0.10% 0.28% 45 City of La Quinta Chart of Interest Rates November 2015 through April 2015 0.60% - 0.50% - 0.40% Percent 0.30% - 0.20% - 0.10% - 0.00% ■ ■ • • Nov'14 Dec'14 Jan'15 Months Feb'15 Mar'15 Apr'15 — • —Annualized Earnings of Pooled Cash Investments Annualized Earnings of Fiscal Agent Investments • Annualized Earnings of All Investments Six Month Treasury Bill Rate -- Two Year Treasury Note Rate 46 CONSENT CALENDAR ITEM NO. City of La Quinta CITY COUNCIL MEETING: July 7, 2015 STAFF REPORT AGENDA TITLE: APPROVE DEMAND REGISTERS DATED MAY 29, JUNE 3, 12, AND 19, 2015 RECOMMEDATION Approve Demand Registers dated May 29, June 3, 12, and 19, 2015. EXECUTIVE SUMMARY • None. FISCAL IMPACT Demand of Cash: City Successor Agency of RDA Housing Authority Housing Authority Commission BACKGROUND/ANALYSIS $18,813,246.86 $ 5,014.28 $ 7,358.85 $ 0.00 $18,825,619.99 Between City Council meetings, routine bills and payroll must be paid in order to avoid late fees/penalties. Attachment 1 provides the detail for the weekly demand registers from May 23 through June 19, 2015. Warrants Issued: 107184 - 107229} 107230 - 107302} 107303 - 107381} 107382 - 107484} Voids} Wire Transfers} Payroll Direct Deposit} Payroll Tax Transfers} $ 124,057.30 $ 1,189,576.10 $ 1,593,723.08 $ 251,618.73 $ (3,620.02) $15,263,343.63 $ 320,974.57 $ 85,946.60 $18,825,619.99 In the amounts listed above, stale dated checks nos. 106186, 106162, and 105626 were voided and re -issued. The most significant expenditures on the demand registers listed above are as follows: 47 Significant Expenditures: Vendor: Account Name: Amount: Purpose: Burrtec Waste Waste Mgmt $1,200,819.93 FY14/15 Property Tax Riverside Co. Sheriff Various $1,049,754.52 Police Services 1/05/15-2/4/15 CVAG TUMF Fees $ 38,586.24 May-TUMF Fee East of Madison LLC Developer Deposit $ 35,826.00 PM -10 Dust Control PSOMAS Consultants $ 34,104.00 Apr -Inspections Rutan & Tucker Various $ 33,484.01 Apr -Legal Fees NAI Consulting Various $ 32,484.97 May -Professional Svc Ameron International Construction $ 31,819.14 Signal Poles Tall Man Group Various $ 30,670.00 Jan -May Services Wire Transfers: Thirty-four wire transfers totaled $15,263,343.63. Of this amount, $9,906,909.84 was for investment purchases; $4,706,000.00 for CD purchases; $457,346.76 to Landmark for golf course management and $86,983.42 to CaLPERS for health insurance premiums (see Attachment 2 for a full listing). ALTERNATIVES City Council may approve, partially approve, or reject the register of demands. Report prepared by: Sandra Mancilla, Account Technician Report approved by: Rita Conrad, Finance Director Attachments: 1. Demand Registers 2. Wire Transfers 48 Vendor Name City of La Quinta, CA Fund: 101- GENERAL FUND ADT SECURITY SERVICES ADT SECURITY SERVICES ALSCO INC BURRTEC ENVIRONMENTAL CADENCE COMMUNICATION CAPITAL ONE COMMERCIAL CAPITAL ONE COMMERCIAL CAPITAL ONE COMMERCIAL CAPITAL ONE COMMERCIAL CAPITAL ONE COMMERCIAL CAPITAL ONE COMMERCIAL CAPITAL ONE COMMERCIAL CARQUEST CIGNA HEALTH CARE COACHELLA VALLEY CONSER DAIOHS FIRST CHOICE SERVI DAIOHS FIRST CHOICE SERVI DESERT C A M DESERT SUNSHINE DSS CORPORATION FIRST CHOICE A/C & HEATIN FIRST CHOICE A/C & HEATIN GUEREQUE, ANGELA JNS MEDIA SPECIALISTS KHATAMI, STEPHANIE LA QUINTA CHAMBER OF CO LANDMARK GOLF MANAGE LUXE WATER SOLUTIONS LLC MORENO, ANTHONY MUSCO CORPORATION NATIONAL DATA & SURVEY! OFFICE DEPOT OFFICE TEAM OFFICE TEAM OFFICE TEAM OFFICE TEAM RADEVA, MONIKA RADEVA, MONIKA RIVERSIDE COUNTY SHERIFF' SOUND IMAGE INC STANDARD INSURANCE COM STAPLES ADVANTAGE STAPLES ADVANTAGE STAPLES ADVANTAGE STAPLES ADVANTAGE STAPLES ADVANTAGE STAPLES ADVANTAGE STATEWIDE SERVICES INC TERRA NOVA PLANNING & R THOMPSON, STEVEN TRAYNOR, JEFF & MICHA TRIPLETT, ALCADIA TYCO INTEGRATED SECURITY Payment Number 107184 107184 107185 107187 107188 107189 107189 107189 107189 107189 107189 107189 107190 107191 107192 107194 107194 107195 107196 107197 107199 107199 107200 107202 107203 107204 107205 107206 107207 107208 107209 107210 107211 107211 107211 107211 107212 107212 107214 107216 107217 107218 107218 107218 107218 107218 107218 107219 107220 107221 107222 107223 107224 Payment Date 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 ATTACHMENT 1 Demand Register Packet: APPKT00453 - SHM 5/29/15 Description (Payable) JUN -AUG SPORTS COMPLEX JUN -LQ PARK UNIFORM RENTAL EOM 5/15 CITY PICNIC-PORTOLES STVRP 4/1-5/18 REFRESHMENTS SUPPLIES SUPPLIES TRAINING SUPPLIES MONITORS & BRACKETS MONITOR & BRAQCKET REFRESHMENTS MATERIAL JUN -DENTAL INSUR ADMIN FEE REIMB TO CVCC COFFEE SUPPLIES COFFEE SUPPLIES COUNCIL MTG 5/19/15 TREE REMOVAL 5/8/15 JUL'15-JUN'16 MAINTAGREE MUSEUM AC REPAIR CITY YARD AC REPAIR TUTION REIMB-GUEREQUE MARKETING CONTRACT FITNESS CTR REIMB JUN -GEM AD APR -SRR LANDSCAPE MAY -MUSEUM WATER COO REIMB MEETING REFRESHM MAR'15-MAR'16 CONTROL LI SURVEYING SVCS OFFICE SUPPLIES TEMP STAFFING WKEND 5/1 TEMP STAFFING WKEND 5/8 TEMP STAFFING WKEND 5/8 TEMP STAFFING WKEND 5/8 POSTAGE REIMB REIMB ADOBE SUBSCRIPTIO MAR -BOOKING FEES TOUCH PANEL RPLCMT JUN-ADD'L LIFE INSUR OFFICE SUPPLIES OFFICE SUPPLIES PLOTTER INK OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES EMERGENCY CANTERRA REP APR -CONSULTANT SVC REFUND OVERPAYMENT REFUND TOT OVERPAYMENT FITNESS CTR REIMB JUN -WELLNESS CTR Account Number 101-3005-60124 101-3005-60554 101-7004-60690 101-3001-60137 101-1006-60104 101-3002-60420 101-1004-60320 101-3003-60420 101-6005-60320 101-7002-80100 101-7002-80100 101-7001-60420 101-7003-60431 101-0000-20943 101-0000-43631 101-1007-60403 101-1007-60403 101-3008-60108 101-7004-60431 101-0000-13600 101-3006-60667 101-3008-60667 101-1004-60322 101-3007-60461 101-1004-60104 101-3007-60410 101-7004-60143 101-3006-60691 101-6004-60320 101-3001-60136 101-7001-60104 101-1006-60410 101-7002-60125 101-7002-60125 101-6001-60125 101-6001-60125 101-1007-60470 101-6001-60400 101-2001-36280 101-3008-60691 101-0000-20948 101-1002-60351 101-3002-60400 101-1007-60402 101-6001-60400 101-6001-60400 101-6001-60400 101-3006-60691 101-6002-60103 101-0000-42300 101-0000-42300 101-1004-60104 101-3002-60123 Amount 185.73 87.54 88.05 155.16 142.65 184.90 21.88 10.19 110.03 1,299.96 649.98 17.88 68.73 6,768.79 10.62 165.91 180.20 925.00 1,000.00 528.58 79.00 79.00 283.72 4,855.00 40.00 2,250.00 5,278.00 37.80 9.84 425.00 920.00 60.54 85.85 206.04 544.00 549.44 38.21 23.88 1,703.28 415.00 420.78 23.18 92.80 78.83 27.65 27.94 -169.32 11,812.22 5,921.40 25.00 52.71 40.00 466.26 6/29/2015 3:22:50 PM Page 1 of 4 49 Demand Register Vendor Name VINTAGE ASSOCIATES WALMART COMMUNITY WATERLOGIC USA FINANCE 1 WELLNESS WORKS Payment Number 107225 107226 107227 107228 Fund: 401- CAPITAL IMPROVEMENT PROGR COACHELLA VALLEY ENGINE 107193 ECONOLITE CONTROL PROD ECONOLITE CONTROL PROD HERMANN DESIGN GROUP I RBF CONSULTING INC WESTERN PACIFIC SIGNAL LL 107198 107198 107201 107213 107229 Fund: 501- EQUIPMENT REPLACEMENT AUTOZONE 107186 Fund: 502 - INFORMATION TECHNOLOGY SIGMANET 107215 SIGMANET STAPLES ADVANTAGE STAPLES ADVANTAGE 107215 107218 107218 Payment Date 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 05/29/2015 Packet: APPKT00453 - SHM 5/29/15 Description (Payable) Account Number DG @ WELLNESS CTR SUPPLIES WATER COOLER MAY -EAP SERVICES DESIGN VIDEO BOARD REPAIR CORP CTR-CONTROLLER/M DESIGN 101-3005-60424 101-3003-60420 101-1007-60404 101-1004-60104 Fund 101- GENERAL FUND Total: 401-1910-60185 401-1891-45010 401-1885-45010 401-1905-60185 MAR -DESIGN 401-1885-60185 CORP CTR - PED SYS 401-1885-45010 Fund 401- CAPITAL IMPROVEMENT PROGR Total: ANTIFREEZE 501-0000-60675 Fund 501- EQUIPMENT REPLACEMENT Total: MAR -IT SERVICES APR -IT SERVICES PORTABLE PROJECTOR OFFICE SUPPLIES Fund 502 - 502-0000-80100 502-0000-80100 502-0000-80100 502-0000-56220 INFORMATION TECHNOLOGY Total: Grand Total: Amount 55.00 137.79 226.80 252.00 49,976.42 23,725.00 415.96 6,219.73 305.00 10,321.03 6,188.72 47,175.44 38.67 38.67 13,050.00 13,050.00 745.19 21.58 26,866.77 124,057.30 6/29/2015 3:22:50 PM Page 2 of 4 50 Demand Register Packet: APPKT00453 - 51 -IM 5/29/15 Report Summary Fund Summary Fund Expense Amount 101 - GENERAL FUND 49,976.42 401 - CAPITAL IMPROVEMENT PROGR 47,175.44 501- EQUIPMENT REPLACEMENT 38.67 502 - INFORMATION TECHNOLOGY 26,866.77 Grand Total: 124,057.30 Account Summary Account Number Account Name Expense Amount 101-0000-13600 Prepaid Items 528.58 101-0000-20943 Dental Insurance Pay 6,768.79 101-0000-20948 Add'I Life Insurance Pay 420.78 101-0000-42300 Cash Over/Short 77.71 101-0000-43631 CVMSHCP Admin Fee 10.62 101-1002-60351 Membership Dues 23.18 101-1004-60104 Consultants 332.00 101-1004-60320 Travel & Training 21.88 101-1004-60322 Training & Education/M 283.72 101-1006-60104 Consultants 142.65 101-1006-60410 Printing 60.54 101-1007-60402 Forms 78.83 101-1007-60403 Coffee 346.11 101-1007-60404 Bottled Water 226.80 101-1007-60470 Postage 38.21 101-2001-36280 Booking Fees 1,703.28 101-3001-60136 Health Department 425.00 101-3001-60137 Community Special Even 155.16 101-3002-60123 Security & Alarm 466.26 101-3002-60400 Office Supplies 92.80 101-3002-60420 Operating Supplies 184.90 101-3003-60420 Operating Supplies 147.98 101-3005-60124 Security - Sports Comple 185.73 101-3005-60424 Materials - Irrigation & L 55.00 101-3005-60554 LQ Park Building 87.54 101-3006-60667 HVAC 79.00 101-3006-60691 Repair & Maintenance 11,850.02 101-3007-60410 Printing 2,250.00 101-3007-60461 Economic Development/ 4,855.00 101-3008-60108 Technical 925.00 101-3008-60667 HVAC 79.00 101-3008-60691 Repair & Maintenance 415.00 101-6001-60125 Temporary Agency Servi 1,093.44 101-6001-60400 Office Supplies -89.85 101-6002-60103 Professional 5,921.40 101-6004-60320 Travel & Training 9.84 101-6005-60320 Travel & Training 110.03 101-7001-60104 Consultants 920.00 101-7001-60420 Operating Supplies 17.88 101-7002-60125 Temporary Agency Servi 291.89 101-7002-80100 Machinery & Equipment 1,949.94 101-7003-60431 Materials 68.73 101-7004-60143 SilverRock Way Landsca 5,278.00 101-7004-60431 Materials 1,000.00 101-7004-60690 Uniforms 88.05 401-1885-45010 Construction 12,408.45 401-1885-60185 Design 10,321.03 401-1891-45010 Construction 415.96 401-1905-60185 Design 305.00 6/29/2015 3:22:50 PM 51 Page 3 of 4 Demand Register Account Number 401-1910-60185 501-0000-60675 502-0000-56220 502-0000-80100 Project Account Key **None** 6/29/2015 3:22:50 PM Account Summary Account Name Contract Svcs/Design Parts & Maintenance Su Computers Machinery & Equipment Grand Total: Project Account Summary Grand Total: Expense Amount 23,725.00 38.67 21.58 26,845.19 124,057.30 Expense Amount 124,057.30 124,057.30 Packet: APPKT00453 - SHM 5/29/15 52 Page 4 of 4 Vendor Name City of La Quinta, CA Fund: 101- GENERAL FUND ALSCO INC AMERIPRIDE SERVICES INC BAHNSON'S MACHINE SHOP BANK OF NEW YORK MELLO BENGAL ENGINEERING INC BLONDELL, KRYSTENA BOYS & GIRLS CLUB OF COA CALIFORNIA CONTRACTORS CALPERS LONG-TERM CARE CALPORTLAND CAPITAL ONE COMMERCIAL CLEAN STREET COACHELLA VALLEY WATER COACHELLA VALLEY WATER COACHELLA VALLEY WATER COACHELLA VALLEY WATER COACHELLA VALLEY WATER COACHELLA VALLEY WATER COACHELLA VALLEY WATER COACHELLA VALLEY WATER COACHELLA VALLEY WATER COACHELLA VALLEY WATER COACHELLA VALLEY WATER COACHELLA VALLEY WATER COACHELLA VALLEY WATER COACHELLA VALLEY WATER DESERT CONCEPTS CONSTR DESERT ELECTRIC SUPPLY DESERT ELECTRIC SUPPLY DESERT REPROGRAPHICS DESERT SANDS UNIFIED SCH DESERT SUN, THE DESERT SUN, THE FIRST CHOICE A/C & HEATIN FRANCHISE TAX BOARD GALLS LLC GALLS LLC GALLS LLC GAS COMPANY, THE GAS COMPANY, THE HD SUPPLY CONSTRUCTION HINDERLITER DE LLAMAS & IMPERIAL IRRIGATION DIST IMPERIAL IRRIGATION DIST IMPERIAL IRRIGATION DIST IMPERIAL IRRIGATION DIST IMPERIAL IRRIGATION DIST IMPERIAL IRRIGATION DIST IMPERIAL IRRIGATION DIST IMPERIAL IRRIGATION DIST IMPERIAL IRRIGATION DIST IMPERIAL IRRIGATION DIST IMPERIAL IRRIGATION DIST Payment Number 107230 107231 107233 107234 107235 107236 107237 107238 107239 107240 107241 107242 107243 107243 107243 107243 107243 107243 107243 107243 107243 107243 107243 107243 107243 107243 107245 107246 107246 107247 107248 107249 107249 107252 107253 107254 107254 107254 107255 107255 107256 107257 107258 107258 107258 107258 107258 107258 107258 107258 107258 107258 107258 Payment Date 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 Demand Register Packet: APPKT00458 - SHM 6/3/15 Description (Payable) UNIFORM RENTAL EOM 5/22 JANITORIAL EOW 5/28 LIGHT FIXTURE ADMIN FEE Q/E 3/31/15 AVE 50 WATER CROSSING MILEAGE REIMB CDBG FY14/15 FUNDING SUPPLY/MATERIAL LONG TERM CARE CONCRETE BUDGET BINDERS STREET SWEEPING WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE FRUITTREES@WELLNESS CT ELECTRICAL MATERIAL ELECTRICAL MATERIAL LQ VILLAGE OUTREACH SCHOOL OFFICER 3/5/15-4/1 JUN -SUBSCRIPTION JUN -SUBSCRIPTION MUSEUM OFFICE A/C GARNISHMENT SHIRTS-RAMSES UNIFORMS UNIFORMS GAS- LIBRARY 4/23-5/22 GAS -WELLNESS CTR 4/23-5/ ADHESIVE 2ND QTR SALES TAX ELECTRICITY SERVICE ELECTRICITY SERVICE ELECTRICITY SERVICE ELECTRICITY SERVICE ELECTRICITY SERVICE ELECTRICITY SERVICE ELECTRICITY SERVICE ELECTRICITY SERVICE ELECTRICITY SERVICE ELECTRICITY SERVICE ELECTRICITY SERVICE Account Number 101-7004-60690 101-3002-60115 101-7004-60431 101-1006-60102 101-7001-60104 101-1006-60320 101-3001-60135 101-7003-60431 101-0000-20949 101-7003-56490 101-1007-60401 101-7003-61701 101-3005-61201 101-3005-61202 101-3005-61209 101-7006-60146 101-2002-61200 101-3002-61200 101-3005-61203 101-3005-61204 101-3005-61205 101-3005-61206 101-3005-61210 101-3008-61200 101-7004-61211 101-7006-43132 101-3005-60113 101-7004-60431 101-7004-60431 101-6001-60410 101-2001-60168 101-1005-60352 101-3002-60352 101-3006-60667 101-0000-20985 101-3001-60420 101-7003-60690 101-6003-60420 101-3004-61100 101-3002-61100 101-7003-60431 101-1006-60104 101-2002-61101 101-3004-61101 101-3005-61102 101-3005-61103 101-3005-61105 101-3005-61106 101-3005-61109 101-3005-61111 101-3005-61113 101-3006-61101 101-3008-61101 Amount 88.05 114.24 2,152.75 1,500.00 7,525.00 81.08 3,315.00 891.08 106.00 354.00 77.67 1,220.40 1,065.08 1,622.76 3,511.00 240.72 154.54 243.22 106.92 661.16 54.84 225.10 1,102.62 111.18 14,311.91 31.40 2,500.00 49.68 7.60 594.36 16,399.85 64.81 89.10 1,947.00 200.00 103.65 18.36 164.12 23.44 71.83 307.02 1,074.70 617.46 4,595.15 12.34 2,227.78 998.53 1,855.43 2,253.93 16.08 22.31 1,078.34 7,600.67 6/29/2015 3:23:51 PM Page 1 of 6 53 Demand Register Vendor Name IMPERIAL IRRIGATION DIST JOHNSON, LES JONASSON, TIM LA QUINTA INTERNET VACAT NATIONAL SEMINARS TRAINI NIETO, PAM OFFICE DEPOT OFFICE DEPOT OFFICE TEAM OFFICE TEAM PROPER SOLUTIONS INC PROPER SOLUTIONS INC PROPER SOLUTIONS INC PROPER SOLUTIONS INC PROPER SOLUTIONS INC PROPER SOLUTIONS INC RASA/ERIC NELSON RBI TRAFFIC RIVERSIDE COUNTY DEPART RIVERSIDE COUNTY SHERIFF RIVERSIDE COUNTY SHERIFF RIVERSIDE COUNTY SHERIFF RIVERSIDE COUNTY SHERIFF RIVERSIDE COUNTY SHERIFF RIVERSIDE COUNTY SHERIFF RIVERSIDE COUNTY SHERIFF RIVERSIDE COUNTY SHERIFF RIVERSIDE COUNTY SHERIFF RIVERSIDE COUNTY SHERIFF RIVERSIDE DEPARTMENT OF SANCHEZ, TOMMI SMITH PIPE & SUPPLY CO STANDARD INSURANCE COM STANDARD INSURANCE COM STAPLES ADVANTAGE STAPLES ADVANTAGE STAPLES ADVANTAGE STAPLES ADVANTAGE STAPLES ADVANTAGE STAPLES ADVANTAGE SUPERIOR PAVEMENT MARK SURVIVAL MODE TASC - FEES TOPS'N BARRICADES INC TOPS'N BARRICADES INC TOPS'N BARRICADES INC TOPS'N BARRICADES INC TOPS'N BARRICADES INC TOPS'N BARRICADES INC TOTALFUNDS BY HASLER UNITED WAY OF THE DESERT US DEPARTMENT OF EDUCA VERIZON CALIFORNIA VERIZON CALIFORNIA VERIZON CALIFORNIA VINTAGE ASSOCIATES VISION SERVICE PLAN - (CA) WALTERS WHOLESALE ELECT WALTERS WHOLESALE ELECT WALTERS WHOLESALE ELECT Payment Number 107258 107259 107260 107262 107264 107266 107267 107267 107268 107268 107270 107270 107270 107270 107270 107270 107272 107274 107275 107276 107276 107276 107276 107276 107276 107276 107276 107276 107276 107277 107278 107279 107281 107281 107282 107282 107282 107282 107282 107282 107284 107285 107288 107290 107290 107290 107290 107290 107290 107291 107293 107294 107296 107296 107296 107297 107298 107299 107299 107299 Payment Date 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 Description (Payable) ELECTRICITY SERVICE MEALS -LUNCH MEETING 5/2 REIMB MEMBERSHIP DUES REISSUE REFUND TRAINING MATERIAL REIMB NOTARY BOND TONER TONER TEMP STAFFING WKEND 5/1 TEMP STAFFING WKEND 5/1 TEMP STAFFING WKEND 5/1 TEMP STAFFING WKEND 5/1 TEMP STAFFING WKEND 5/1 TEMP STAFFING WKEND 5/2 TEMP STAFFING WKEND 5/2 TEMP STAFFING WKEND 5/2 LLA 2013-533 STRIPING-EISENHOWER/VLA ANIMAL LIC 5/11-5/24 POLICE SVC 1/08/15-2/04/15 POLICE SVC 1/08/15-2/04/15 POLICE SVC 1/08/15-2/04/15 POLICE SVC 1/08/15-2/04/15 POLICE SVC 1/08/15-2/04/15 POLICE SVC 1/08/15-2/04/15 POLICE SVC 1/08/15-2/04/15 POLICE SVC 1/08/15-2/04/15 POLICE SVC 1/08/15-2/04/15 POLICE SVC 1/08/15-2/04/15 GARNISHMENT TUITION REIMB-SANCHEZ IRRIGATION CONTROLLER JUN INSURANCE JUN INSURANCE OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES STRIPING HWY111/JEFFERSO DISASTER PREP SUPPLIES JUL-SEP TASC FEES SIGNS SIGNS SIGNS SIGNS PAINT/LEGENDS SIGNS CITY WIDE POSTAGE CONTRIBUTION GARNISHMENT TRFF SIGNAL 5/7-6/6 MAY-TRAFF SIGNAL TRAFF SIGNAL 5/6-6/6 PLANTS JUN -VISION INSUR ELECTRICAL -LIGHT FIXTURE ELECTRICAL ELECTRICAL Packet: APPKT00458 - 5HM 6/3/15 Account Number 101-3002-61101 101-6001-60320 101-7001-60320 101-0000-41400 101-7003-60320 101-1005-60351 101-1007-60401 101-1007-60401 101-6001-60125 101-6001-60125 101-1002-60125 101-6001-60125 101-7003-60125 101-1002-60125 101-6001-60125 101-7003-60125 101-7002-60183 101-7001-60104 101-0000-42409 101-2001-60161 101-2001-60162 101-2001-60163 101-2001-60164 101-2001-60166 101-2001-60167 101-2001-60169 101-2001-60170 101-2001-60171 101-2001-60172 101-0000-20985 101-1004-60322 101-7004-60431 101-0000-20947 101-0000-20955 101-7001-60400 101-7001-60400 101-1007-60402 101-6001-60400 101-1007-60401 101-1007-60401 101-7003-60141 101-6005-60406 101-0000-20946 101-7003-60429 101-7003-60429 101-7003-60429 101-7003-60429 101-7003=60433 101-7003-60429 101-1007-60470 101-0000-20981 101-0000-20985 101-7004-60189 101-7004-60189 101-7004-60189 101-7004-60420 101-0000-20945 101-7004-60431 101-7004-60431 101-7004-60431 Amount 2,044.71 86.54 225.00 75.00 290.52 63.50 73.43 136.06 549.44 493.00 420.00 680.80 323.38 463.75 680.80 323.38 285.00 560.00 203.00 581,779.51 119,070.04 140,404.32 37,604.70 10,576.00 10,576.00 76, 294.40 28,396.00 16,603.20 28,450.35 225.00 322.71 142.43 504.45 3,984.27 68.32 57.22 242.32 102.49 242.32 114.70 666.93 1,209.60 253.89 133.86 493.02 82.28 181.01 45.90 207.58 4,000.00 60.00 184.76 54.93 42.81 109.56 88.00 1,245.85 1,188.00 80.79 13.77 6/29/2015 3:23:51 PM Page 2 of 6 54 Demand Register Vendor Name WILSON, RAYMOND JOHN N ZUMAR INDUSTRIES, INC Payment Number 107301 107302 Fund: 218 - CV VIOLENT CRIME TASK FOR NEXTEL GANG TASK FORCE 107265 PARRA, ANA L 107269 STAPLES GANG TASK FORCE STAPLES GANG TASK FORCE STAPLES GANG TASK FORCE TAPP, MICHAEL VERIZON CA - GANG TASK F 107283 107283 107283 107287 107295 Fund: 401- CAPITAL IMPROVEMENT PROGR BENGAL ENGINEERING INC ECONOLITE CONTROL PROD MARKETPLACE TRUE VALUE MARKETPLACE TRUE VALUE RBF CONSULTING INC 107235 107251 107263 107263 107273 Fund: 501- EQUIPMENT REPLACEMENT DRT TRANSPORT L & L AUTOMOTIVE L & L AUTOMOTIVE L & L AUTOMOTIVE R A N AUTO DETAIL SOUTHERN CALIFORINIA GA TOWER ENERGY GROUP 107250 107261 107261 107261 107271 107280 107292 Fund: 502 - INFORMATION TECHNOLOGY APPLE FINANCIAL SERVICES STAPLES ADVANTAGE SYNOPTEK INC TIME WARNER CABLE 107232 107282 107286 107289 Fund: 601- SILVER ROCK RESORT COACHELLA VALLEY WATER 107244 Fund: 735 - 97-1 AGENCY REDEMPTION FUND WILLDAN FINANCIALSERVIC 107300 Payment Date , 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 06/03/2015 Packet: APPKT00458 - SHM 6/3/15 Description (Payable), Account Number FINGERPRINTING-REC LEADE 101-1004-60103 SIGNS 101-7003-60429 Fund 101- GENERAL FUND Total: CELL PHONES 4/12-5/11 MAY -JANITORIAL OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES PETTY CASH VOUCHERS CLETS LINE 5/13-6/12 218-0000-61300 218-0000-60115 218-0000-60400 218-0000-60400 218-0000-60400 218-0000-60420 218-0000-42190 Fund 218 - CV VIOLENT CRIME TASK FOR Total: APR -DESIGN CABINET PARTS CONSTRUCTION SUPPLIES SUPPLIES DESIGN 401-1871-60185 401-1891-45010 401-1891-45010 401-1891-45010 401-1885-60185 Fund 401- CAPITAL IMPROVEMENT PROGR Total: SWEEPER #41 BRAKES TK#44 LOF/SERVICE TK#50 LOF/SERVICE TK#52 LOF/BRAKES/A/C CAR WASH 5/1/15 APR -CNG FUEL FUEL 4/23-30/15 501-0000-60678 501-0000-60676 501-0000-60676 501-0000-60676 501-0000-43430 501-0000-60678 501-0000-60674 Fund 501- EQUIPMENT REPLACEMENT Total: JUN-IPAD LEASE 502-0000-80100 OFFICE SUPPLIES 502-0000-56220 IT ASSESSMENT 502-0000-60104 CABLE 5/20-6/19 502-0000-60108 Fund 502 - INFORMATION TECHNOLOGY Total: WELL ASSESSMENT 601-0000-60203 Fund 601- SILVER ROCK RESORT Total: AD 97-1 ADMIN 735-0000-23410 Fund 735 - 97-1 AGENCY REDEMPTION FUND Total: Amount 141.00 183.51 1,160,166.37 38.37 165.00 40.41 376.47 30.77 129.90 289.41 1,070.33 17,793.73 106.62 35.27 5.07 781.18 18,721.87 870.25 64.10 64.10 484.45 538.00 296.05 1,098.86 3,415.81 429.70 113.40 2,750.00 8.83 3,301.93 2,745.80 2,745.80 153.99 153.99 Grand Total: 1,189,576.10 6/29/2015 3:23:51 PM Page 3 of 6 55 Demand Register Packet: APPKT00458 - 51 -IM 6/3/15 Report Summary Fund Summary Fund 101 -GENERAL FUND 218 - CV VIOLENT CRIME TASK FOR 401- CAPITAL IMPROVEMENT PROGR 501- EQUIPMENT REPLACEMENT 502 - INFORMATION TECHNOLOGY 601- SILVER ROCK RESORT 735 - 97-1 AGENCY REDEMPTION FUND Account Number 101-0000-20945 101-0000-20946 101-0000-20947 101-0000-20949 101-0000-20955 101-0000-20981 101-0000-20985 101-0000-41400 101-0000-42409 101-1002-60125 101-1004-60103 101-1004-60322 101-1005-60351 101-1005-60352 101-1006-60102 101-1006-60104 101-1006-60320 101-1007-60401 101-1007-60402 101-1007-60470 101-2001-60161 101-2001-60162 101-2001-60163 101-2001-60164 101-2001-60166 101-2001-60167 101-2001-60168 101-2001-60169 101-2001-60170 101-2001-60171 101-2001-60172 101-2002-61101 101-2002-61200 101-3001-60135 101-3001-60420 101-3002-60115 101-3002-60352 101-3002-61100 101-3002-61101 101-3002-61200 101-3004-61100 101-3004-61101 101-3005-60113 101-3005-61102 101-3005-61103 101-3005-61105 Grand Total: Account Summary Account Name Vision Insurance Pay Flex Compensation Paya Life Insurance Pay LT Care Insurance Pay Disability Insurance Pay United Way Deductions Garnishments Payable Transient Occupancy Ta Animal Licenses Temporary Agency Servi Professional Training & Education/M Membership Dues Subscriptions & Publicati Administration Consultants Travel & Training Operating Supplies Forms Postage Sheriff - Patrol Patrol Deputy Overtime Target Team Community Services Offi Gang Task Force Narcotics Task Force School Officer Motor Officer Dedicated Sargeant Dedicated Lieutenant Sheriff - Mileage Utilities - Electricity Utilities - Water Boys & Girls Club Operating Supplies Janitorial Subscriptions & Publicati Utilities - Gas Utilities - Electricity Water - Inside Utilities - Gas Utilities - Electricity Landscape Improvement Utilities - Electric - Mont Utilities - Electric - Civic Utilities - Electric - Fritz Expense Amount 1,160,166.37 1,070.33 18,721.87 3,415.81 3,301.93 2,745.80 153.99 1,189,576.10 Expense Amount 1,245.85 253.89 504.45 106.00 3,984.27 60.00 609.76 75.00 203.00 883.75 141.00 322.71 63.50 64.81 1,500.00 1,074.70 81.08 644.18 242.32 4,000.00 581,779.51 119,070.04 140,404.32 37,604.70 10,576.00 10,576.00 16,399.85 76,294.40 28,396.00 16,603.20 28,450.35 617.46 154.54 3,315.00 103.65 114.24 89.10 71.83 2,044.71 243.22 23.44 4,595.15 2,500.00 12.34 2,227.78 998.53 6/29/2015 3:23:51 PM Page 4 of 6 56 Demand Register Account Summary Account Number Account Name Expense Amount 101-3005-61106 Utilities - Electric - Sport 1,855.43 101-3005-61109 Utilities - Electric - Com 2,253.93 101-3005-61111 Utilities - Electric - Velas 16.08 101-3005-61113 Utilities - Electric - Eisen 22.31 101-3005-61201 Utilities - Water -Montic 1,065.08 101-3005-61202 Utilities - Water - Civic C 1,622.76 101-3005-61203 Utilities - Water-Eisenh 106.92 101-3005-61204 Utilities- Water -Fritz Bu 661.16 101-3005-61205 Utilities - Water -Velasco 54.84 101-3005-61206 Utilities - Water -Desert 225.10 101-3005-61209 Utilities - Water -Comm 3,511.00 101-3005-61210 Utilities - Water -Adams 1,102.62 101-3006-60667 HVAC 1,947.00 101-3006-61101 Utilities - Electricity 1,078.34 101-3008-61101 Utilities - Electricity 7,600.67 101-3008-61200 Utilities - Water 111.18 101-6001-60125 Temporary Agency Servi 2,404.04 101-6001-60320 Travel & Training 86.54 101-6001-60400 Office Supplies 102.49 101-6001-60410 Printing 594.36 101-6003-60420 Operating Supplies 164.12 101-6005-60406 Disaster Prep Supplies 1,209.60 101-7001-60104 Consultants 8,085.00 101-7001-60320 Travel & Training 225.00 101-7001-60400 Office Supplies 125.54 101-7002-60183 Map/Plan Checking 285.00 101-7003-56490 Asphalt 354.00 101-7003-60125 Temporary Agency Servi 646.76 101-7003-60141 Street Striping 666.93 101-7003-60320 Travel & Training 290.52 101-7003-60429 Signs 1,281.26 101-7003-60431 Materials 1,198.10 101-7003-60433 Paint/Legends 45.90 101-7003-60690 Uniforms 18.36 101-7003-61701 Equipment Rental 1,220.40 101-7004-60189 Technical 207.30 101-7004-60420 Operating Supplies 88.00 101-7004-60431 Materials 3,635.02 101-7004-60690 Uniforms 88.05 101-7004-61211 Utilities - Water - Media 14,311.91 101-7006-43132 Vacant Land Dust Contr 31.40 101-7006-60146 PM 10 SilverRock 240.72 218-0000-42190 CLET Line 289.41 218-0000-60115 Janitorial 165.00 218-0000-60400 Office Supplies 447.65 218-0000-60420 Operating Expenses 129.90 218-0000-61300 Utilities - Telephone 38.37 401-1871-60185 Design 17,793.73 401-1885-60185 Design 781.18 401-1891-45010 Construction 146.96 501-0000-43430 Car Washes 538.00 501-0000-60674 Fuel & Oil 1,098.86 501-0000-60676 Vehicle Repair & Mainte 612.65 501-0000-60678 Street Sweeper 1,166.30 502-0000-56220 Computers 113.40 502-0000-60104 Consultants 2,750.00 502-0000-60108 Technical 8.83 502-0000-80100 Machinery & Equipment 429.70 6/29/2015 3:23:51 PM Packet: APPKT00458 - 51 -IM 6/3/15 57 Page 5 of 6 Demand Register Account Number 601-0000-60203 735-0000-23410 Protect Account Key **None** 6/29/2015 3:23:51 PM Account Summary Account Name Maintenance AD Administrative fees Grand Total: Project Account Summary Grand Total: Expense Amount 2,745.80 153.99 1,189,576.10 Expense Amount 1,189,576.10 1,189,576.10 Packet: APPKT00458 - SHM 6/3/15 58 Page 6 of 6 Vendor Name City of La Quinta, CA Fund: 101- GENERAL FUND AMERICAN FORENSIC NURSE APWA COACHELLA VALLEY APWA COACHELLA VALLEY BARBARA SINATRA CHILDRE BENLO R V II BETTENCOURT, PHILIP BIO-TOX LABORATORIES BIO-TOX LABORATORIES BURRTEC WASTE & RECYCLI BURRTEC WASTE & RECYCLI BURRTEC WASTE & RECYCLI CANON FINANCIAL SERVICES CANON FINANCIAL SERVICES CHECKMATE TELEPHONE EX COACHELLA VALLEY CONSER COACHELLA VALLEY CONSER DATA TICKET, INC. DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE DESERT C A M DOOR TECH, LLC ECS IMAGING INC EISENHOWER MEDICAL CEN ENVIRONMENTAL SYSTEMS ESGIL CORPORATION ESPINOZA, PATRICIA ESPINOZA, PATRICIA FASTENAL COMPANY FULTON DISTRIBUTING GARDAWORLD GAS COMPANY, THE GRAPHTEK INTERACTIVE HIGH TECH IRRIGATION INC HUB CONSTRUCTION SPECIA IMPERIAL IRRIGATION DIST IMPERIAL IRRIGATION DIST IMPERIAL IRRIGATION DIST INNOVATIVE DOCUMENT SO JOHNSON MACHINERY CO. JOHNSON MACHINERY CO. KIRKPATRICK LANDSCAPING KIRKPATRICK LANDSCAPING KIRKPATRICK LANDSCAPING KRIBBS, BRUCE KRIBBS, BRUCE LA QUINTA FARMS LLC LASALLE LIGHTING SERVICES LOWE'S HOME IMPROVEME LOWE'S HOME IMPROVEME LOWE'S HOME IMPROVEME LOWE'S HOME IMPROVEME LOWE'S HOME IMPROVEME Payment Number 107303 107305 107305 107306 107307 107308 107309 107309 107311 107311 107311 107313 107313 107315 107318 107318 107319 107320 107320 107320 107322 107323 107324 107325 107326 107327 107328 107328 107329 107330 107331 107332 107333 107335 107336 107337 107337 107337 107338 107339 107339 107341 107341 107341 107342 107342 107343 107344 107345 107345 107345 107345 107345 Payment Date 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 Demand Register Packet: APPKT00462 - SHM 6/12/15 Description (Payable) BLOOD ALCOHOL APWA INT'L EXPO REGISTRA APWA INT'L EXPO REGISTRA ASSAULT EXAM POLICE TRAILER A/C R&M REIMB LODGING BLOOD ALCOHOL BLOOD ALCOHOL PROPERTY TAX PAYMENT PROPERTY TAX PAYMENT PROPERTY TAX PAYMENT CONTRACT CHARGE JUN -CONTRACT SERVICE ANSWERING SERVICE MAY -MITIGATION FEE MAY -MITIGATION FEE APR -CITATION SERVICES BLOOD ALCOHOL BLOOD ALCOHOL BLOOD ALCOHOL COUNCIL MTG 6/2/15 GENERAL MAINT & REPAIR MAR'15-MAR'16 SCANNER ASSAULT EXAM JUN-NOV ARC GIS MAINT BLDG CONSULTANT PLAN CK REFUND REFUND SUPPLY DOGGIE BAGS JUN -ARMOR TRANSPORT FS#32 GAS 4/23-5/22 JUN -RETAINER IRRIGATION ELECT/DETECTOR/FIXTURE ELECTRICITY SERVICE ELECTRICITY SERVICE ELECTRICITY SERVICE MAR -MAY CONTRACT CHAR EQUIP/STORM DRAIN EQUIP/STORM DRAIN TREE/PALM WIND DAMAGE TREE REMOVAL PALM TREES FOUNTAIN REPAIR FOUNTAIN REPAIR JUN-PM10 SERVICE MAY -LANDSCAPE LIGHTING LOWES 4/27-5/19 LOWES 4/27-5/19 LOWES 4/27-5/19 LOWES 4/27-5/19 LOWES 4/27-5/19 Account Number 101-2001-36310 101-7001-60320 101-7002-60320 101-2001-60193 101-2001-60175 101-6002-60320 101-2001-36310 101-2001-36310 101-0000-20307 101-0000-41505 101-0000-41506 101-1007-60662 101-1007-60662 101-7006-60104 101-0000-20310 101-0000-43631 101-6004-31190 101-2001-36310 101-2001-36310 101-2001-36310 101-3008-60108 101-3002-60691 101-0000-13600 101-2001-60193 101-0000-13600 101-6003-60118 101-0000-22830 101-0000-42212 101-7003-60420 101-7004-60431 101-1006-60103 101-2002-61100 101-3007-60461 101-7004-60431 101-7004-60104 101-7003-61101 101-7004-61116 101-7004-61117 101-1007-60662 101-7003-60672 101-7003-61701 101-7004-60673 101-7004-60189 101-7004-60673 101-7004-60104 101-7004-60104 101-7006-60146 101-7004-60104 101-2002-60670 101-2002-60670 101-2002-60670 101-3001-60184 101-3002-60420 Amount 260.00 785.00 785.00 285.00 1,027.72 422.16 166.80 1,888.70 1,338,299.28 -61,865.71 -75,613.64 293.54 1,572.94 6.66 24,548.00 -245.48 531.10 105.00 70.00 140.00 925.00 803.20 1,395.00 900.00 1,711.30 7,406.59 500.00 1,557.00 439.96 673.06 101.03 26.17 10,000.00 45.73 1,242.54 1,023.35 5,171.54 2,897.72 5,355.79 4,000.00 2,154.00 3,975.00 500.00 11,400.00 250.00 825.00 23,107.53 6,930.00 19.79 24.63 23.65 34.26 56.92 6/29/2015 3:25:00 PM Page 1 of 7 59 Demand Register Packet: APPKT00462 - SHM 6/12/15 Vendor Name LOWE'S HOME IMPROVEME LOWE'S HOME IMPROVEME LOWE'S HOME IMPROVEME LOWE'S HOME IMPROVEME LOWE'S HOME IMPROVEME LOWE'S HOME IMPROVEME LOWE'S HOME IMPROVEME LOWE'S HOME IMPROVEME LOWE'S HOME IMPROVEME LOWE'S HOME IMPROVEME LOWE'S HOME IMPROVEME LOWE'S HOME IMPROVEME LOWE'S HOME IMPROVEME LOWE'S HOME IMPROVEME MAXWELL SECURITY SERVIC MUSICIAN'S FRIEND NAI CONSULTING INC NAI CONSULTING INC NAI CONSULTING INC OFFICE TEAM PLUG & PAY TECHNOLOGIES PSOMAS INC RASA/ERIC NELSON RASA/ERIC NELSON ROBERTS, KRISTIN ROTO ROOTER PLUMBERS IN SAFEWARE INC SALUTE, GENE SAM'S FENCE COMPANY SANTA FE BUILDING MAINTE SANTA FE BUILDING MAINTE SANTA FE BUILDING MAINTE SANTA FE BUILDING MAINTE SANTA FE BUILDING MAINTE SANTA FE BUILDING MAINTE SCOTT, MICHAEL SHARK POOLS INC SHARK POOLS INC SHARK POOLS INC SHARK POOLS INC SHARK POOLS INC SHARK POOLS INC SHARK POOLS INC SHARK POOLS INC SHARK POOLS INC SHARK POOLS INC SHARK POOLS INC SHARK POOLS INC SHIPPER, PETI TALL MAN GROUP INC TALL MAN GROUP INC TALL MAN GROUP INC TALL MAN GROUP INC TALL MAN GROUP INC TALL MAN GROUP INC TALL MAN GROUP INC TALL MAN GROUP INC TALL MAN GROUP INC TELEPACIFIC COMMUNICATI TELEPACIFIC COMMUNICATI payment Number 107345 107345 107345 107345 107345 107345 107345 107345 107345 107345 107345 107345 107345 107345 107346 107347 107348 107348 107348 107350 107353 107354 107356 107356 107357 107358 107359 107360 107361 107362 107362 107362 107362 107362 107362 107363 107364 107364 107364 107364 107364 107364 107364 107364 107364 107364 107364 107364 107365 107368 107368 107368 107368 107368 107368 107368 107368 107368 107370 107370 Payment Date 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 Description (Payable) LOWES 4/27-5/19 LOWES 4/27-5/19 LOWES 4/27-5/19 LOWES 4/27-5/19 LOWES 4/27-5/19 LOWES 4/27-5/19 LOWES 4/27-5/19 LOWES 4/27-5/19 LOWES 4/27-5/19 LOWES 4/27-5/19 LOWES 4/27-5/19 LOWES 4/27-5/19 LOWES 4/27-5/19 LOWES 4/27-5/19 JUN -SECURITY PA SYSTEM COMPONENT MAY -PROFESSIONAL SERVIC MAY -PROFESSIONAL SERVIC MAY -PROFESSIONAL SERVIC TEMP STAFFING WKEND 5/1 MAY -CREDIT CARD FEES CONTRACT SVC INSPECTION PM2015-0002 FPM 2015-0003 REFUND GREASE TRAPS CLEAN OUT LQPD - SHIELD REIMB DUI CKPOINT MEALS FB FENCE REPAIR MAY -JANITORIAL MAY -JANITORIAL MAY -JANITORIAL MAY -JANITORIAL MAY -JANITORIAL MAY -JANITORIAL REIMB MOTOR BOOTS JUN -MUSEUM FB POOL DECK WASH POOL AERATOR REPAIR POOL CIRCULATION MOTOR POOL GASKET RPLCMNT POOL VALVES POOL MEDIA FILTER POOL PLUMBING JUN -FB POOL FB PULAR TABLETS FB PULSAR TABLETS JUN -LQ PARK WATER FT REFUND VILLAGE ANALYSIS FEB -VILLAGE SERVICES MAR -SERVICES MAY -VILLAGE SERVICES JAN -SRR SERVICE FEB -SRR SERVICE MAR -SRR SERVICES APR -SRR SERVICES MAY -SRR SERVICES TELEPACIFIC 5/23-6/22 TELEPACIFIC 5/23-6/22 Account Number , 101-3002-60691 101-3002-60691 101-3002-60691 101-3003-60420 101-3003-60420 101-3003-60420 101-3006-60691 101-3006-60691 101-3006-60691 101-3008-60432 101-3008-60665 101-3008-60691 101-3008-60691 101-3008-60691 101-3008-60123 101-3006-80100 101-3004-80100 101-7001-60104 101-7006-60104 101-7002-60125 101-3003-60122 101-7006-60104 101-7002-60183 101-7002-60183 101-0000-22830 101-7004-60431 101-2001-60175 101-2001-60175 101-3005-60424 101-3002-60115 101-3004-60115 101-3005-60115 101-3006-60115 101-3008-60115 101-7003-60115 101-2001-60175 101-3006-61200 101-3001-60184 101-3005-60104 101-3005-60104 101-3005-60104 101-3005-60104 101-3005-60104 101-3005-60104 101-3001-60184 101-3001-60184 101-3001-60184 101-3005-60554 101-0000-42218 101-1002-60101 101-1002-60101 101-1002-60101 101-1002-60101 101-1002-60101 101-1002-60101 101-1002-60101 101-1002-60101 101-1002-60101 101-1007-61300 101-1007-61300 Amount 26.64 11.17 25.05 22.98 20.48 29.55 23.71 10.20 8.90 37.88 19.96 3.56 22.20 2.31 150.00 539.18 2,610.00 4,710.00 3,480.00 343.40 20.25 32,816.00 380.00 400.00 500.00 3,200.00 1,669.39 32.24 2,475.00 2,387.10 2,566.32 1,321.92 751.74 2,881.50 414.12 75.00 100.00 490.00 201.43 496.50 591.77 615.75 1,203.00 1,051.65 1,475.00 407.90 407.90 295.00 75.00 262.50 3,516.25 656.25 612.50 4,397.50 3,301.25 1,225.00 1,881.25 5,983.75 277.20 480.86 6/29/2015 3:25:00 PM Page 2 of 7 60 Demand Register Vendor Name TELEPACIFIC COMMUNICATI TELEPACIFIC COMMUNICATI TELEPACIFIC COMMUNICATI TELEPACIFIC COMMUNICATI TELEPACIFIC COMMUNICATI TELEPACIFIC COMMUNICATI TELEPACIFIC COMMUNICATI TELEPACIFIC COMMUNICATI TELEPACIFIC COMMUNICATI TRAFFEX ENGINEERS INC URIBE, LUIS VACATION RENTAL COMPLIA VERIZON CALIFORNIA VERIZON CALIFORNIA VERIZON CALIFORNIA VERIZON CALIFORNIA VERIZON WIRELESS VERIZON WIRELESS YOUNG ENGINEERING SVC ZUMAR INDUSTRIES, INC Fund: 218 - CV VIOLENT CRIME BURRTEC WASTE & RECYCLI CELLE BRITE USA CORP DESERT BUSINESS MACHINE STAPLES GANG TASK FORCE TAPP, MICHAEL TAPP, MICHAEL TAPP, MICHAEL TAPP, MICHAEL TAPP, MICHAEL TIME WARNER -GANG TASK F VERIZON CA - GANG TASK F Fund: 224 - TUMF COACHELLA VALLEY ASSOC Payment Number 107370 107370 107370 107370 107370 107370 107370 107370 107370 107373 107374 107375 107377 107377 107377 107377 107378 107378 107380 107381 TASK FOR 107310 107314 107321 107367 107369 107369 107369 107369 107369 107372 107376 107317 Fund: 241- HOUSING AUTHORITY PA1 CAHA, BECKY TALL MAN GROUP INC TALL MAN GROUP INC 107312 107368 107368 Fund: 270 - ART IN PUBLIC PLACES FUND RA STRUCTURAL ENGINEERI 107355 Fund: 401- CAPITAL IMPROVEMENT PROGR AMERON INTERNATIONAL, P 107304 JTB SUPPLY CO., INC. 107340 JTB SUPPLY CO., INC. 107340 LOWE'S HOME IMPROVEME 107345 NAI CONSULTING INC 107348 NAI CONSULTING INC 107348 NAI CONSULTING INC 107348 NAI CONSULTING INC 107348 NAI CONSULTING INC 107348 NAI CONSULTING INC 107348 NAI CONSULTING INC 107348 NAI CONSULTING INC 107348 NAI CONSULTING INC 107348 Payment Date 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 Description (Payable) TELEPACIFIC 5/23-6/22 TELEPACIFIC 5/23-6/22 TELEPACIFIC 5/23-6/22 TELEPACIFIC 5/23-6/22 TELEPACIFIC 5/23-6/22 TELEPACIFIC 5/23-6/22 TELEPACIFIC 5/23-6/22 TELEPACIFIC 5/23-6/22 TELEPACIFIC 5/23-6/22 MAY -PROFESSIONAL SVC MILEAGE REIMB 6/2-8/15 MAY SERVICE MAY -LQ PARK PHONES 5/7-6/6 TRFF SIGNAL 5/10-6/9 MUSEUM 5/13-6/12 ESCHAT 4/11-5/10 MOBILE PHONES 4/14-5/13 BLDG PLAN CHECK BARRICADE/SIGNS Packet: APPKT00462 - SHM 6/12/15 Account Number 101-1007-61300 101-1007-61300 101-3001-60184 101-3005-60554 101-3005-61204 101-3006-61300 101-6005-61300 101-7004-60189 101-7004-60189 101-7006-60144 101-6003-50250 101-1006-60104 101-3005-60554 101-7004-60189 101-7004-60189 101-3006-61300 101-1007-61301 101-1007-61301 101-6003-60118 101-7003-56430 Fund 101- GENERAL FUND Total: JUN -TRASH SERVICE SOFTWARE RENEWAL SERVICE/SUPPLIES 5/23-6/22 OFFICE SUPPLIES HATS-GTF TEAM VAN OIL CHANGE ARCO GAS CARDS CAR WASH KITS JBAG VAN TIRES CABLE 5/29-6/28 PHONE SVC 5/2-6/21 218-0000-61501 218-0000-60420 218-0000-60665 218-0000-60400 218-0000-60420 218-0000-60420 218-0000-60420 218-0000-60665 218-0000-60665 218-0000-61400 218-0000-61300 Fund 218 - CV VIOLENT CRIME TASK FOR Total: MAY-TUMF FEE 224-0000-20320 Fund 224 - TUMF Total: PA1 HOUSING AUTHORITY 241-9101-60103 MAR -SERVICES 241-9101-60103 CORAL MT DEVELOPMENT 241-9101-60103 Fund 241- HOUSING AUTHORITY PA1 Total: ROADRUNNER PEDESTAL DE 270-0000-60482 Fund 270 - ART IN PUBLIC PLACES FUND Total: SIGNAL POLES CORP CTR -SVC PEDISTAL SIGNAL HEAD-JEFF/HWY111 LOWES 4/27-5/19 MAY -PROFESSIONAL SERVIC MAY -PROFESSIONAL SERVIC MAY -PROFESSIONAL SERVIC MAY -PROFESSIONAL SERVIC MAY -PROFESSIONAL SERVIC MAY -PROFESSIONAL SERVIC MAY -PROFESSIONAL SERVIC MAY -PROFESSIONAL SERVIC MAY -PROFESSIONAL SERVIC 401-1885-45010 401-1885-45010 401-1891-45010 401-1891-45010 401-1762-60185 401-1806-60103 401-1871-60185 401-1884-60103 401-1885-60185 401-1896-60103 401-1898-60103 401-1899-60103 401-1901-60103 Amount 513.91 329.94 46.20 231.00 46.20 46.20 1,043.00 46.20 46.20 14, 260.00 72.45 2,640.00 56.11 117.56 46.98 150.82 43.32 1,384.32 4,725.00 498.30 1,449,274.50 85.61 3,098.99 54.83 1,934.03 315.12 319.99 1,046.45 445.96 872.36 64.98 385.70 8,624.02 38,586.24 38,586.24 4,443.75 1,542.50 350.00 6,336.25 1,800.00 1,800.00 31,819.14 2,991.60 1,085.40 123.93 1,572.47 1,160.00 1,937.50 1,595.00 822.50 290.00 5,655.00 870.00 1,015.00 6/29/2015 3:25:00 PM Page 3 of 7 61 Demand Register Vendor Name NAI CONSULTING INC NAI CONSULTING INC NAI CONSULTING INC NAI CONSULTING INC NOLTE ASSOCIATE INC PLANIT REPROGRAPHICS SYS PLANIT REPROGRAPHICS SYS PSOMAS INC TALL MAN GROUP INC TALL MAN GROUP INC TALL MAN GROUP INC TALL MAN GROUP INC TALL MAN GROUP INC Payment Number 107348 107348 107348 107348 107349 107352 107352 107354 107368 107368 107368 107368 107368 Fund: 501- EQUIPMENT REPLACEMENT CLASSIC AUTO TRANSPORT 107316 Fund: 502 - INFORMATION TECHNOLOGY HENSON CONSULTING GRO 107334 PCMG INC SIGMANET TIME WARNER CABLE 107351 107366 107371 Fund: 601- SILVER ROCK RESORT LOWE'S HOME IMPROVEME 107345 Fund: 735 - 97-1 AGENCY REDEMPTION FUND WILLDAN FINANCIAL SERVIC 107379 6/29/2015 3:25:00 PM Payment Date 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 06/12/2015 Description (Payable) MAY -PROFESSIONAL SERVIC MAY -PROFESSIONAL SERVIC MAY -PROFESSIONAL SERVIC MAY -PROFESSIONAL SERVIC APR -PROFESSIONAL SERVICE CONST PLANS/SPECS 2014-1 BID SPECS 2012-07C CONTRACT SVC INSPECTION WSA-TMD CONTRACT SVC WSA-TMD CONTRACT SVC WSA-TMG CONTRACT SVC WSA-TMG CONTRACT SVC WSA-TMG CONTRACT SVC Packet: APPKT00462 - SHM 6/12/15 Account,Number 401-1905-60103 401-1907-60103 401-1910-60103 401-1913-60185 401-1910-60103 401-1905-45010 401-1884-45010 401-1904-60108 401-1813-60108 401-1813-60108 401-1813-60108 401-1813-60108 401-1813-60108 Fund 401- CAPITAL IMPROVEMENT PROGR Total: TK#52 TOW 501-0000-60675 Fund 501- EQUIPMENT REPLACEMENT Total: MAY -CONSULTANT 502-0000-60108 VIP GOVT ILLUSTRATOR CC LI 502-0000-60421 MAY -IT SERVICES 502-0000-80100 JUN -CITY HALL CABLE 502-0000-60108 Fund 502 - INFORMATION TECHNOLOGY Total: LOWES 4/27-5/19 601-0000-60214 Fund 601- SILVER ROCK RESORT Total: AD97-1 ADMIN 735-0000-23410 Fund 735 - 97-1 AGENCY REDEMPTION FUND Total: Grand Total: 62 Amount 65.00 870.00 1,772.50 4,060.00 2,392.50 308.77 95.51 1,288.00 660.00 453.75 3,032.50 1,456.25 1,338.75 68,731.07 75.00 75.00 5,950.00 959.52 13,050.00 93.81 20,053.33 90.01 90.01 152.66 152.66 1,593,723.08 Page 4 of 7 Demand Register Packet: APPKT00462 - 51 -IM 6/12/15 Report Summary Fund Summary Fund 101 -GENERAL FUND 218 - CV VIOLENT CRIME TASK FOR 224 - TUMF 241 - HOUSING AUTHORITY PA1 270 - ART IN PUBLIC PLACES FUND 401- CAPITAL IMPROVEMENT PROGR 501 - EQUIPMENT REPLACEMENT 502 - INFORMATION TECHNOLOGY 601 - SILVER ROCK RESORT 735 - 97-1 AGENCY REDEMPTION FUND Account Number 101-0000-13600 101-0000-20307 101-0000-20310 101-0000-22830 101-0000-41505 101-0000-41506 101-0000-42212 101-0000-42218 101-0000-43631 101-1002-60101 101-1006-60103 101-1006-60104 101-1007-60662 101-1007-61300 101-1007-61301 101-2001-36310 101-2001-60175 101-2001-60193 101-2002-60670 101-2002-61100 101-3001-60184 101-3002-60115 101-3002-60420 101-3002-60691 101-3003-60122 101-3003-60420 101-3004-60115 101-3004-80100 101-3005-60104 101-3005-60115 101-3005-60424 101-3005-60554 101-3005-61204 101-3006-60115 101-3006-60691 101-3006-61200 101-3006-61300 101-3006-80100 101-3007-60461 101-3008-60108 101-3008-60115 101-3008-60123 101-3008-60432 Grand Total: Account Summary Account Name Prepaid Items Due to Waste Managem MSHCP Mitigation Fee Miscellaneous Deposits Franchise Taxes - Burrte Burrtec AB 939 Fee Facility Rental Wellness Center Membe CVMSHCP Admin Fee Contract Services - Admi Professional Consultants Copiers Utilities - Telephone Mobile/Cell Phones Blood/Alcohol Testing Special Enforcement Fu Sexual Assault Exam Fee Fire Station Utilities - Gas Fritz Burns Park Janitorial Operating Supplies Repair & Maintenance Credit Card Fees Operating Supplies Janitorial Machinery & Equipment Consultants Janitorial Materials - Irrigation & L LQ Park Building Utilities - Water -Fritz Bu Janitorial Repair & Maintenance Water - Inside Utilities - Telephone Machinery & Equipment Economic Development/ Technical Janitorial Security & Alarm Small Tools/Equipment Expense Amount 1,449,274.50 8,624.02 38,586.24 6,336.25 1,800.00 68,731.07 75.00 20,053.33 90.01 152.66 1,593,723.08 Expense Amount 3,106.30 1,338,299.28 24,548.00 1,000.00 -61,865.71 -75,613.64 1,557.00 75.00 -245.48 21,836.25 101.03 2,640.00 7,222.27 1,601.91 1,427.64 2,630.50 2,804.35 1,185.00 68.07 26.17 2,861.26 2,387.10 56.92 866.06 20.25 73.01 2,566.32 2,610.00 4,160.10 1,321.92 2,475.00 582.11 46.20 751.74 42.81 100.00 197.02 539.18 10,000.00 925.00 2,881.50 150.00 37.88 6/29/2015 3:25:00 PM Page 5 of 7 63 Demand Register Account Number 101-3008-60665 101-3008-60691 101-6002-60320 101-6003-50250 101-6003-60118 101-6004-31190 101-6005-61300 101-7001-60104 101-7001-60320 101-7002-60125 101-7002-60183 101-7002-60320 101-7003-56430 101-7003-60115 101-7003-60420 101-7003-60672 101-7003-61101 101-7003-61701 101-7004-60104 101-7004-60189 101-7004-60431 101-7004-60673 101-7004-61116 101-7004-61117 101-7006-60104 101-7006-60144 101-7006-60146 218-0000-60400 218-0000-60420 218-0000-60665 218-0000-61300 218-0000-61400 218-0000-61501 224-0000-20320 241-9101-60103 270-0000-60482 401-1762-60185 401-1806-60103 401-1813-60108 401-1871-60185 401-1884-45010 401-1884-60103 401-1885-45010 401-1885-60185 401-1891-45010 401-1896-60103 401-1898-60103 401-1899-60103 401-1901-60103 401-1904-60108 401-1905-45010 401-1905-60103 401-1907-60103 401-1910-60103 401-1913-60185 501-0000-60675 502-0000-60108 502-0000-60421 6/29/2015 3:25:00 PM Account Summary Account Name Maint.-Other Equipment Repair & Maintenance Travel & Training Vehicle Reimbursement Plan Check Admin Citation Services Utilities - Telephone Consultants Travel & Training Temporary Agency Servi Map/Plan Checking Travel & Training Barricades Janitorial Operating Supplies Storm Drains Utilities - Electricity Equipment Rental Consultants Technical Materials Palm Trees Utilities - Electric - Signal Utilities - Electric - Medi Consultants Contract Traffic Enginee PM 10 SilverRock Office Supplies Operating Expenses Maint.-Other Equipment Utilities - Telephone Cable Refuse Collection TUMF Payable to CVAG Professional Operating Supplies Design Professional Technical Design Construction Professional Construction Design Construction Professional PROFESSIONAL Professional Professional Technical Construction Professiona Professional Contract Svcs/Professio Contract Svcs/Design Parts & Maintenance Su Technical Supplies - Software Expense Amount 19.96 28.07 422.16 72.45 12,131.59 531.10 1,043.00 4,710.00 785.00 343.40 780.00 785.00 498.30 414.12 439.96 4,000.00 1,023.35 2,154.00 9,247.54 756.94 3,918.79 15,375.00 5,171.54 2,897.72 36,302.66 14,260.00 23,107.53 1,934.03 4,780.55 1,373.15 385.70 64.98 85.61 38,586.24 6,336.25 1,800.00 1,572.47 1,160.00 6,941.25 1,937.50 95.51 1,595.00 34,810.74 822.50 1,209.33 290.00 5,655.00 870.00 1,015.00 1,288.00 308.77 65.00 870.00 4,165.00 4,060.00 75.00 6,043.81 959.52 Packet: APPKT00462 - SHM 6/12/15 64 Page 6 of 7 Demand Register Account Number 502-0000-80100 601-0000-60214 735-0000-23410 Protect Account Key **None** 1806Tech 6/29/2015 3:25:00 PM Account Summary Account Name Machinery & Equipment Tamarisk Removal Pump AD Administrative fees Grand Total: Project Account Summary Grand Total: Expense Amount 13,050.00 90.01 152.66 1,593,723.08 Expense Amount 1,592,563.08 1,160.00 1,593,723.08 Packet: APPKT00462 - SHM 6/12/15 65 Page 7 of 7 Vendor Name City of La Quinta, CA Fund: 101- GENERAL FUND AIR & HOSE SOURCE, INC. ALSCO INC ALSCO INC ALSCO INC ALVAREZ, MARIA ISABEL AMERIPRIDE SERVICES INC AUTOZONE BIO CLEAR WATER SOLUTIO BODDEN, RENATE BURROLA, MARIA CALIFORNIA CONTRACTORS CALPERS LONG-TERM CARE COACHELLA VALLEY WATER COACHELLA VALLEY WATER COACHELLA VALLEY WATER COACHELLA VALLEY WATER COACHELLA VALLEY WATER COVINGTON, CARMENLITA CRIPPEN-GARCIA, DEVANY CTLQ, LLC DATA TICKET, INC. DATA TICKET, INC. DEPARTMENT OF ANIMAL SE DESERT ELECTRIC SUPPLY DESERT ELECTRIC SUPPLY DESERT ELECTRIC SUPPLY DESERT FIRE EXTINGUISHER DESERT FIRE EXTINGUISHER DESERT FIRE EXTINGUISHER DESERT FIRE EXTINGUISHER DESERT FIRE EXTINGUISHER DESERT FIRE EXTINGUISHER DESERT SUN, THE DISH NETWORK DUNE, CLARE EAST OF MADISON LLC EISENHOWER OCCUPATION FIRST CHOICE A/C & HEATIN FIRST CHOICE A/C & HEATIN FIRST CHOICE A/C & HEATIN FRANCHISE TAX BOARD GALLS LLC GAS COMPANY, THE GONZALES, HONNEE HD SUPPLY CONSTRUCTION HOME DEPOT CREDIT SERVI HOME DEPOTCREDITSERVI HOME DEPOT CREDIT SERVI HOME DEPOT CREDIT SERVI HOME DEPOT CREDIT SERVI HOME DEPOT CREDIT SERVI HOME DEPOT CREDIT SERVI HOME DEPOT CREDIT SERVI Payment Number 107382 107383 107383 107383 107384 107385 107387 107388 107389 107390 107391 107392 107393 107393 107393 107393 107394 107396 107397 107398 107399 107399 107400 107401 107401 107401 107402 107402 107402 107402 107402 107402 107403 107404 107405 107406 107408 107409 107409 107409 107410 107412 107413 107414 107415 107416 107416 107416 107416 107416 107416 107416 107416 Payment Date 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 Demand Register Packet: APPKT00469 - SHM 6/19/15 Description (Payable) IRRIGATION UNIFORM RENTAL EOW 5/2 UNIFORM RENTAL EOM 6/5/ UNIFORM RENTAL EOM 6/12 INSTRUCTOR PAYMENT JANITORIAL EOW 6/11/15 MATERIAL LAKE MAINT 5/19-6/10 INSTRUCTOR PAYMENT REFUND BL OVERPAYMENT MATERIAL LONG TERM CARE WATER SERVICES WATER SERVICES WATER SERVICES WATER SERVICES PIONEER DOG PARK LEASE REFUND REFUND BL OVERPAYMENT REFUND OVERPAYMENT FEB -ADMIN CITATION SVC MAY -ADMIN CITATION SVC MAY -SHELTER SERVICES ELECTRICAL MATERIAL ELECTRICAL MATERIAL ELECTRICAL MATERIAL FIRE EXTINGUISHER SVC FIRE EXTINGUISHER SVC FIRE EXTINGUISHER SVC FIRE EXTINGUISHER SVC FIRE EXTINGUISHER SVC FIRE EXTINGUISHER SVC JUL-SUBCRIPTION EOC DISH 6/13-7/12 INSTRUCTOR PAYMENT PM -10 DUST CONTROL REFU PRE-EMPLOYMENT PHYSICA FB RESTROOM FIRE PW TRAILERS A/C SERVER ROOM A/C GARNISHMENT UNIFORMS FS#93 GAS 4/30-6/1 REFUND BL OVERPAYMENT MATERIAL HOME DEPOT 4/28-5/27 HOME DEPOT 4/28-5/27 HOME DEPOT 4/28-5/27 HOME DEPOT 4/28-5/27 HOME DEPOT 4/28-5/27 HOME DEPOT 4/28-5/27 HOME DEPOT 4/28-5/27 HOME DEPOT 4/28-5/27 Account Number 101-7004-60431 101-7003-60690 101-7003-60690 101-7003-60690 101-3002-60107 101-3002-60115 101-7004-60431 101-3005-60117 101-3002-60107 101-0000-41600 101-7004-60431 101-0000-20949 101-2002-61200 101-3005-61207 101-3006-61200 101-7006-60146 101-3005-60108 101-0000-42200 101-0000-41600 101-0000-42300 101-6004-31190 101-6004-31190 101-6004-51070 101-7004-60431 101-7004-60431 101-7004-60431 101-3008-60664 101-3008-60664 101-3006-60664 101-3004-60664 101-3005-60554 101-3005-60555 101-1005-60352 101-6005-60107 101-3002-60107 101-0000-22810 101-1004-60104 101-3005-60423 101-3008-60665 101-3008-60665 101-0000-20985 101-6003-60420 101-2002-61100 101-0000-41600 101-7003-60431 101-2002-60670 101-2002-60670 101-3002-60691 101-3004-60691 101-3005-60555 101-3008-60691 101-7003-56490 101-7003-60431 Amount 56.69 88.05 88.05 88.05 727.30 114.24 50.51 425.00 14.00 4.50 223.34 106.00 68.21 628.30 93.11 813.88 4.00 20.00 3.00 78.83 490.49 796.20 8,993.77 151.20 72.34 82.63 471.67 27.25 91.66 288.95 27.25 87.51 70.13 67.73 52.50 35,826.00 115.00 600.00 146.00 205.00 200.00 41.03 76.89 3.00 254.20 59.35 114.53 15.42 13.32 1.92 20.28 822.87 35.14 6/29/2015 3:26:12 PM Page 1 of 7 66 Demand Register Vendor Name HOME DEPOT CREDIT SERVI HOME DEPOT CREDIT SERVI HOME DEPOT CREDIT SERVI HOME DEPOT CREDIT SERVI HOME DEPOT CREDIT SERVI HOME DEPOT CREDIT SERVI HOME DEPOT CREDIT SERVI HOME DEPOT CREDIT SERVI HOME DEPOT CREDIT SERVI HOME DEPOT CREDIT SERVI HOME DEPOT CREDIT SERVI IMPERIAL IRRIGATION DIST IMPERIAL IRRIGATION DIST IMPERIAL IRRIGATION DIST IMPERIAL IRRIGATION DIST IMPERIAL IRRIGATION DIST IMPERIAL IRRIGATION DIST IRC INC JAS PACIFIC INC JOHNSON, LES JONASSON, TIM KEPLER, KRISTOFFER KING, MICHAEL PRODUCTIO KLEIN, MARK KLEIN, SANDRA KNAPP SERVICE CO, THE LANDMARK GOLF MANAGE LOCK SHOP INC, THE LOCK SHOP INC, THE MATRIX CONSULTING GROU MIMI'S CAFE MOLLINDO, RICK MOYA, DANIEL NI GOVERNMENT SERVICES I OFFICE DEPOT OFFICE TEAM OFFICE TEAM OFFICE TEAM OFFICE TEAM OFFICE TEAM OFFICE TEAM OFFICE TEAM ONTRAC PATTON DOOR & GATE PROPER SOLUTIONS INC PROPER SOLUTIONS INC PROPER SOLUTIONS INC PROPER SOLUTIONS INC PROPER SOLUTIONS INC PROPER SOLUTIONS INC QUALITY CODE PUBLISHING REFUGIO LLC, EL RIVERSIDE COUNTY SHERIFF RIVERSIDE COUNTY SHERIFF RIVERSIDE COUNTY SHERIFF' RIVERSIDE DEPARTMENT OF ROGERS, ANDERSON, MALO ROJAS, MIGUELANGEL ROJAS, MIGUELANGEL ROTO ROOTER PLUMBERS IN 6/29/2015 3:26:12 PM Payment Number 107416 107416 107416 107416 107416 107416 107416 107416 107416 107416 107416 107418 107418 107418 107418 107418 107418 107419 107420 107421 107422 107423 107424 107425 107426 107427 107429 107430 107430 107432 107433 107434 107436 107437 107438 107439 107439 107439 107439 107439 107439 107439 107440 107443 107445 107445 107445 107445 107445 107445 107446 107448 107449 107450 107451 107452 107453 107454 107454 107455 Payment Date 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 Description (Payable) HOME DEPOT4/28-5/27 HOME DEPOT 4/28-5/27 HOME DEPOT 4/28-5/27 HOME DEPOT4/28-5/27 HOME DEPOT4/28-5/27 HOME DEPOT4/28-5/27 HOME DEPOT4/28-5/27 HOME DEPOT4/28-5/27 HOME DEPOT4/28-5/27 HOME DEPOT4/28-5/27 HOME DEPOT4/28-5/27 ELECTRICITY SERVICE ELECTRICITY SERVICE ELECTRICITY SERVICE ELECTRICITY SERVICE ELECTRICITY SERVICE ELECTRICITY SERVICE BACKGROUND CHECKS MAY -BLDG PLAN CHECK REIMB-MEALS MGR LUNCH JUN-APWA LUNCHEON INSTRUCTOR PAYMENT REFUND BL OVERPAYMENT REFUND TOT OVERPAYMENT INSTRUCTOR PAYMENT REFUND BL OVERPAYMENT MAY -SRR LANDSCAPING LAKE ROOM/OTHERS OLD FIRE ST KEYS POLICE SVC STUDY MENU LUNCHEON INSTRUCTOR PAYMENT 53920 AVENIDA NAVARRO MAY -SATELLITE RADIO PAPER TEMP STAFFING WKEND 5/2 TEMP STAFFING WKEND 5/2 TEMP STAFFING WKEND 5/2 TEMP STAFFING WKEND 5/2 TEMP STAFFING WKEND 5/2 TEMP STAFFING WKEND 6/3 TEMP STAFFING WKEND 6/5 OVERNIGHT MAIL FS#93 GARAGE DOOR MOTO TEMP STAFFING WKEND 5/2 TEMP STAFFING WKEND 5/2 TEMP STAFFING WKEND 5/2 TEMP STAFFING WKEND 6/5 TEMP STAFFING WKEND 6/5 TEMP STAFFING WKEND 6/5 COPIES-ORDINANCES/CODE REFUND TOT OVERPAYMENT APR -JAIL ACCESS FEE SPECIAL ACTIVITIES GARNISHMENT GARNISHMENT APR -PROFESSIONAL SVC INSTRUCTOR PAYMENT INSTRUCTOR PAYMENT SEPTIC TANK Packet: APPKT00469 - SHM 6/19/15 Account Number 101-7003-60431 101-7003-60431 101-7003-60431 101-7003-60431 101-7003-60431 101-7003-60431 101-7003-60431 101-7003-60431 101-7003-60432 101-7004-60431 101-7004-60431 101-2002-61101 101-3005-61104 101-3005-61108 101-3005-61109 101-3005-61110 101-3005-61114 101-1004-60104 101-6003-60118 101-6001-60320 101-7001-60320 101-3002-60107 101-0000-42300 101-0000-42300 101-3003-60107 101-0000-42300 101-7004-60143 101-3005-60424 101-2002-60670 101-1002-60101 101-3002-60420 101-3003-60107 101-6004-60108 101-6005-61304 101-1007-60402 101-6001-60125 101-6001-60125 101-7002-60125 101-6001-60125 101-6001-60125 101-7002-60125 101-7002-60125 101-1007-60470 101-2002-60670 101-1002-60125 101-6001-60125 101-7003-60125 101-1002-60125 101-6001-60125 101-7003-60125 101-1005-60103 101-0000-42300 101-2001-36280 101-2001-60162 101-0000-20985 101-0000-20985 101-1006-60102 101-3002-60107 101-3003-60107 101-2002-60670 67 Amount 12.94 39.25 51.24 159.87 5.51 10.37 30.49 17.95 171.76 8.69 12.13 724.66 37.25 423.30 321.19 59.67 12.34 204.90 15,860.00 57.78 25.00 193.90 59.20 5.29 420.00 19.00 6,037.00 38.02 2.38 24,196.27 466.56 245.00 330.00 154.75 646.22 535.50 523.69 429.25 272.00 412.08 377.74 429.25 39.49 6,690.00 341.25 544.64 255.30 420.00 680.80 323.38 2,645.01 30.00 14,477.88 54.14 138.12 200.00 2,800.00 168.00 2,489.91 7,950.00 Page 2 of 7 Demand Register Vendor Name RUTAN & TUCKER RUTAN & TUCKER RUTAN & TUCKER RUTAN & TUCKER RUTAN & TUCKER RUTAN & TUCKER RUTAN & TUCKER RUTAN & TUCKER SAFE STEP WALK-IN TUB CO SAFE STEP WALK-IN TUB CO SAFE STEP WALK-IN TUB CO SHARK POOLS INC SHIRY, TERESA SILVERROCK RESORT SILVERROCK RESORT SILVERROCK RESORT SILVERROCK RESORT SILVERROCK RESORT SILVERROCK RESORT SILVERROCK RESORT SILVERROCK RESORT SMART & FINAL SMITH PIPE & SUPPLY CO SMITH PIPE & SUPPLY CO SPEVACEK, FRANK STAPLES ADVANTAGE STAPLES ADVANTAGE STAPLES ADVANTAGE STAPLES ADVANTAGE STAPLES ADVANTAGE STAPLES ADVANTAGE SUNLINE TRANSIT AGENCY SUNLINE TRANSIT AGENCY TERRA NOVA PLANNING & R TRAFFEX ENGINEERS INC TRUE, ARTHUR ALLEN TRULY NOLEN INC ULRICH, MARGARET UNDERGROUND SERVICE AL UNITED WAY OF THE DESERT US DEPARTMENT OF EDUCA VACATION RENTALS OF THE VACATION RENTALS OF THE VERIZON CALIFORNIA VERIZON CALIFORNIA VERIZON CALIFORNIA VERIZON WIRELESS WALTERS WHOLESALE ELECT WALTERS WHOLESALE ELECT WALTERS WHOLESALE ELECT WALTERS WHOLESALE ELECT WELLS FARGO BUSINESS CA WELLS FARGO BUSINESS CA WELLS FARGO BUSINESS CA WELLS FARGO BUSINESS CA WELLS FARGO BUSINESS CA WELLS FARGO BUSINESS CA WELLS FARGO BUSINESS CA WELLS FARGO BUSINESS CA WELLS FARGO BUSINESS CA Payment, Number 107456 107456 107456 107456 107456 107456 107456 107456 107457 107457 107457 107458 107459 107460 107460 107460 107460 107460 107460 107460 107460 107461 107462 107462 107464 107465 107465 107465 107465 107465 107465 107467 107467 107468 107471 107472 107473 107474 107475 107477 107479 107480 107480 107481 107481 107481 107482 107483 107483 107483 107483 107484 107484 107484 107484 107484 107484 107484 107484 107484 Payment Date , 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 Description (Payable) APR -LEGAL FEES APR -LEGAL FEES APR -LEGAL FEES APR -LEGAL FEES APR -LEGAL FEES APR -LEGAL FEES APR -LEGAL FEES APR -LEGAL FEES REFUND REFUND REFUND FOUNTAIN REPAIR INSTRUCTOR PAYMENT MAY'15 SALES TAX MAY'15 SALES TAX MAY'15 SALES TAX MAY'15 SALES TAX MAY'15 SALES TAX MAY'15 SALES TAX MAY'15 SALES TAX MAY'15 SALES TAX FOOD MENU IRRIGATION IRRIGATION REIMB-LUNCH MTG EMD OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES MAY -BUS PASSES MAY -BUS PASSES MAY -PL CONSULTANT REFUND BL OVERPAYMENT INSTRUCTOR PAYMENT LQ PARK -BEE HIVE INSTRUCTOR PAYMENT DIG ALERT CONTRIBUTION GARNISHMENT REFUND BL OVERPAYMENT REFUND TOT OVERPAYMENT INTERNET 5/10-6/9 SPORTS COMPLEX 5/28-6/27 DSL 5/4-6/3 CELL PH 3/26-5/25 ELECTRICAL MATERIAL ELECTRICAL MATERIAL ELECTRICAL MATERIAL ELECTRICAL MATERIAL VISA CARD PYMT 4/30-5/31 VISA CARD PYMT 4/30-5/31 VISA CARD PYMT 4/30-5/31 VISA CARD PYMT 4/30-5/31 VISA CARD PYMT 4/30-5/31 VISA CARD PYMT 4/30-5/31 VISA CARD PYMT 4/30-5/31 VISA CARD PYMT 4/30-5/31 VISA CARD PYMT 4/30-5/31 Packet: APPKT00469 - SHM 6/19/15 Account Number 101-1003-60153 101-1003-60153 101-1003-60153 101-1003-60153 101-1003-60153 101-1003-60153 101-1003-60154 101-1003-60154 101-0000-42401 101-0000-42403 101-0000-42404 101-7004-60104 101-3003-60107 101-0000-20304 101-3001-60184 101-3003-60420 101-3005-60420 101-6004-60425 101-6005-60406 101-7002-60320 101-7004-60431 101-3002-60420 101-7004-60431 101-7004-60431 101-1002-60320 101-2001-60175 101-6001-60400 101-1007-60403 101-7001-60400 101-1006-60400 101-1006-60400 101-0000-20305 101-0000-42301 101-6002-60103 101-0000-42300 101-3003-60107 101-3005-60554 101-3002-60107 101-7003-60431 101-0000-20981 101-0000-20985 101-0000-42300 101-0000-42300 101-1007-61300 101-3005-61303 101-1007-61300 101-1007-61301 101-7004-60431 101-7004-60431 101-7004-60431 101-7004-60431 101-1001-60320 101-1001-60420 101-1002-60320 101-1004-60321 101-2001-60175 101-2001-71031 101-2002-60670 101-3008-60320 101-6001-60320 Amount 2,930.66 120.00 15,307.18 1,265.00 571.50 2,750.00 4,406.79 96.00 9.67 19.34 73.48 665.49 338.80 37.00 33.00 41.00 106.00 81.00 39.00 6.00 -32.00 188.23 208.79 77.48 138.40 21.55 376.98 105.39 91.36 45.33 6.25 2,120.00 -157.50 11,512.51 35.00 341.60 150.00 336.00 40.50 60.00 207.18 23.00 5.75 90.00 93.24 183.05 2,159.57 14.44 126.08 483.41 28.93 62.02 27.00 107.50 24.00 1,003.00 851.52 98.10 160.00 -22.00 6/29/2015 3:26:12 PM Page 3 of 7 68 Demand Register Vendor Name WELLS FARGO BUSINESS CA WELLS FARGO BUSINESS CA WELLS FARGO BUSINESS CA WELLS FARGO BUSINESS CA WELLS FARGO BUSINESS CA WELLS FARGO BUSINESS CA Payment Number 107484 107484 107484 107484 107484 107484 Fund: 237 - SUCCESSOR AGCY PA 1 ADMIN RUTAN & TUCKER 107456 RUTAN & TUCKER 107456 Fund: 241- HOUSING AUTHORITY PA1 RUTAN & TUCKER 107456 Fund: 401- CAPITAL IMPROVEMENT PROGR ECONOLITE CONTROL PROD MARKETPLACE TRUE VALUE PALMER, ARNOLD DESIGN C PLANIT REPROGRAPHICS SYS PLANIT REPROGRAPHICS SYS PLANIT REPROGRAPHICS SYS PLANIT REPROGRAPHICS SYS 107407 107431 107441 107444 107444 107444 107444 Fund: 501- EQUIPMENT REPLACEMENT AUTOZONE 107387 AUTOZONE 107387 COMPRESSOR DESIGN AND S 107395 FUELMAN 107411 HONDA YAMAHA OF REDLA 107417 L & L AUTOMOTIVE 107428 L & L AUTOMOTIVE 107428 MOUNTAIN VIEW TIRE 107435 MOUNTAIN VIEW TIRE 107435 PARKHOUSE TIRE INC 107442 PARKHOUSE TIRE INC 107442 R A N AUTO DETAIL 107447 SOUTHERN CALIFORINIA GA 107463 STONE'S, CAM AUTOMOTIVE 107466 STONES, CAM AUTOMOTIVE 107466 STONES, CAM AUTOMOTIVE 107466 TOWER ENERGY GROUP 107470 UNITED ROTARY BRUSH COR 107476 Fund: 502 - INFORMATION TECHNOLOGY APPLIED GEODETICS TIME WARNER CABLE TIME WARNER CABLE WELLS FARGO BUSINESS CA WELLS FARGO BUSINESS CA 107386 107469 107469 107484 107484 Fund: 601- SILVER ROCK RESORT US AIR CONDITIONING DISTR 107478 Payment pate 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 06/19/2015 Description (Payable) VISA CARD PYMT 4/30-5/31 VISA CARD PYMT 4/30-5/31 VISA CARD PYMT 4/30-5/31 VISA CARD PYMT 4/30-5/31 VISA CARD PYMT 4/30-5/31 VISA CARD PYMT 4/30-5/31 Packet: APPKT00469 - SHM 6/19/15 Account Number 101-6001-60450 101-6002-60320 101-6004-60320 101-7001-60104 101-7002-60320 101-7006-53040 Fund 101- GENERAL FUND Total: APR -LEGAL FEES 237-9001-60153 APR -LEGAL FEES 237-9001-60153 Fund 237 - SUCCESSOR AGCY PA 1 ADMIN Total: APR -LEGAL FEES 241-9101-60153 Fund 241- HOUSING AUTHORITY PA1 Total: CABINET -CORP CTR/ADAMS CABINET PAINT GLF COURSE DESIGN PLANS/SPECS 2012-02 BID SPECS 2014-01 401-1885-45010 401-1891-45010 401-1815-60185 401-1885-45010 401-1898-45010 BID PLANS/SPECS 2014-016 401-1898-45010 BID PLANS/SPECS 2014-136 401-1910-45010 Fund 401- CAPITAL IMPROVEMENT PROGR Total: TK# 47 PARTS 501-0000-60675 PARTS/MATERIAL 501-0000-60675 CNG STA/SWEEPER 501-0000-60678 MAY -FUEL 501-0000-60674 MOTORCYCLE SERVICE 501-0000-60679 TK#50 A/C SERVICE 501-0000-60675 TK#67 SERVICE 501-0000-60675 TRAILER TIRES 501-0000-60676 CERT TRAILER TIRES 501-0000-60676 TK#41 SWEEPER 501-0000-60678 TIRE ENVIRONMENT FEE 501-0000-60675 CAR WASH 5/31 501-0000-43430 MAY -FUEL 501-0000-60678 TK#47 SERVICE 501-0000-60676 TK#54 BRAKE/SERVICE 501-0000-60676 TK#55 SERVICE 501-0000-60676 FUEL 5/1-15/15 501-0000-60674 SWEEPER BROOMS 501-0000-60678 Fund 501- EQUIPMENT REPLACEMENT Total: APR -MAY SERVICES FIBER/UPGRADE 6/10-7/09 CREDIT 3/15-4/14 VISA CARD PYMT 4/30-5/31 VISA CARD PYMT 4/30-5/31 502-0000-60421 502-0000-60108 502-0000-60108 502-0000-56220 502-0000-80100 Fund 502 - INFORMATION TECHNOLOGY Total: SRR AC FILTERS 601-0000-60556 Fund 601- SILVER ROCK RESORT Total: Amount 26.00 68.43 274.23 160.00 30.00 120.00 199,270.83 2,264.28 2,750.00 5,014.28 1,022.60 1,022.60 16,867.44 60.79 4,691.82 392.65 177.05 206.10 654.03 23,049.88 15.61 41.79 284.83 2,189.37 1,284.45 182.64 64.10 627.65 502.12 1,393.28 32.40 679.00 499.66 95.00 993.30 524.39 2,013.85 567.16 11,990.60 3,900.00 1,583.99 -119.12 191.69 5,712.12 11,268.68 1.86 1.86 Grand Total: 251,618.73 6/29/2015 3:26:12 PM Page 4 of 7 69 Demand Register Packet: APPKT00469 - SHM 6/19/15 Report Summary Fund Summary Fund Expense Amount 101- GENERAL FUND 199,270.83 237 - SUCCESSOR AGCY PA 1 ADMIN 5,014.28 241- HOUSING AUTHORITY PA1 1,022.60 401- CAPITAL IMPROVEMENT PROGR 23,049.88 501- EQUIPMENT REPLACEMENT 11,990.60 502 - INFORMATION TECHNOLOGY 11,268.68 601- SILVER ROCK RESORT 1.86 Grand Total: 251,618.73 Account Summary Account Number Account Name Expense Amount 101-0000-20304 Sales Taxes Payable 37.00 101-0000-20305 Due to SunLine 2,120.00 101-0000-20949 LT Care Insurance Pay 106.00 101-0000-20981 United Way Deductions 60.00 101-0000-20985 Garnishments Payable 745.30 101-0000-22810 Developer Deposits 35,826.00 101-0000-41600 Business Licenses 10.50 101-0000-42200 Leisure Enrichment 20.00 101-0000-42300 Cash Over/Short 256.07 101-0000-42301 Miscellaneous Revenue -157.50 101-0000-42401 Plumbing Permits 9.67 101-0000-42403 Electrical Permits 19.34 101-0000-42404 Miscellaneous Permits 73.48 101-1001-60320 Travel & Training 62.02 101-1001-60420 Operating Supplies 27.00 101-1002-60101 Contract Services - Admi 24,196.27 101-1002-60125 Temporary Agency Servi 761.25 101-1002-60320 Travel & Training 245.90 101-1003-60153 Attorney 22,944.34 101-1003-60154 Attorney/Litigation 4,502.79 101-1004-60104 Consultants 319.90 101-1004-60321 Training & Education 24.00 101-1005-60103 Professional 2,645.01 101-1005-60352 Subscriptions & Publicati 70.13 101-1006-60102 Administration 2,800.00 101-1006-60400 Office Supplies 51.58 101-1007-60402 Forms 646.22 101-1007-60403 Coffee 105.39 101-1007-60470 Postage 39.49 101-1007-61300 Utilities -Telephone 273.05 101-1007-61301 Mobile/Cell Phones 2,159.57 101-2001-36280 Booking Fees 14,477.88 101-2001-60162 Patrol Deputy Overtime 54.14 101-2001-60175 Special Enforcement Fu 1,024.55 101-2001-71031 Vehicles 851.52 101-2002-60670 Fire Station 14,914.36 101-2002-61100 Utilities - Gas 76.89 101-2002-61101 Utilities - Electricity 724.66 101-2002-61200 Utilities - Water 68.21 101-3001-60184 Fritz Burns Park 33.00 101-3002-60107 Instructors 1,491.70 101-3002-60115 Janitorial 114.24 101-3002-60420 Operating Supplies 654.79 101-3002-60691 Repair & Maintenance 15.42 101-3003-60107 Instructors 3,835.31 101-3003-60420 Operating Supplies 41.00 6/29/2015 3:26:12 PM Page 5 of 7 70 Demand Register Account Summary Account Number Account Name Expense Amount 101-3004-60664 Fire Extinguisher Service 288.95 101-3004-60691 Repair & Maintenance 13.32 101-3005-60108 Technical 4.00 101-3005-60117 Civic Center Lake Mainte 425.00 101-3005-60420 Operating Supplies 106.00 101-3005-60423 Supplies -Graffiti 600.00 101-3005-60424 Materials - Irrigation & L 38.02 101-3005-60554 LQ Park Building 177.25 101-3005-60555 Sports Complex Building 89.43 101-3005-61104 Utilities - Electric - Pione 37.25 101-3005-61108 Utilities - Electric - Colon 423.30 101-3005-61109 Utilities - Electric - Com 321.19 101-3005-61110 Utilities - Electric - Adam 59.67 101-3005-61114 Utilities - Electric - Deser 12.34 101-3005-61207 Utilities - Water -Pionee 628.30 101-3005-61303 Phone - Sports Complex 93.24 101-3006-60664 Fire Extinguisher Service 91.66 101-3006-61200 Water -Inside 93.11 101-3008-60320 Travel & Training 160.00 101-3008-60664 Fire Extinguisher Service 498.92 101-3008-60665 Maint.-Other Equipment 351.00 101-3008-60691 Repair & Maintenance 20.28 101-6001-60125 Temporary Agency Servi 2,968.71 101-6001-60320 Travel & Training 35.78 101-6001-60400 Office Supplies 376.98 101-6001-60450 Advertising 26.00 101-6002-60103 Professional 11,512.51 101-6002-60320 Travel & Training 68.43 101-6003-60118 Plan Check 15,860.00 101-6003-60420 Operating Supplies 41.03 101-6004-31190 Admin Citation Services 1,286.69 101-6004-51070 Animal Shelter 8,993.77 101-6004-60108 Technical 330.00 101-6004-60320 Travel & Training 274.23 101-6004-60425 Supplies - Field 81.00 101-6005-60107 Instructors 67.73 101-6005-60406 Disaster Prep Supplies 39.00 101-6005-61304 Mobile/Cell Phones 154.75 101-7001-60104 Consultants 160.00 101-7001-60320 Travel & Training 25.00 101-7001-60400 Office Supplies 91.36 101-7002-60125 Temporary Agency Servi 1,236.24 101-7002-60320 Travel & Training 36.00 101-7003-56490 Asphalt 822.87 101-7003-60125 Temporary Agency Servi 578.68 101-7003-60431 Materials 657.46 101-7003-60432 Small Tools/Equipment 171.76 101-7003-60690 Uniforms 264.15 101-7004-60104 Consultants 665.49 101-7004-60143 SilverRock Way Landsca 6,037.00 101-7004-60431 Materials 1,564.66 101-7006-53040 Subscrip & Publications 120.00 101-7006-60146 PM 10 SilverRock 813.88 237-9001-60153 Attorney 5,014.28 241-9101-60153 Attorney 1,022.60 401-1815-60185 Design 4,691.82 401-1885-45010 Construction 17,260.09 401-1891-45010 Construction 60.79 6/29/2015 3:26:12 PM Packet: APPKT00469 - SHM 6/19/15 71 Page 6 of 7 Demand Register Account Number 401-1898-45010 401-1910-45010 501-0000-43430 501-0000-60674 501-0000-60675 501-0000-60676 501-0000-60678 501-0000-60679 502-0000-56220 502-0000-60108 502-0000-60421 502-0000-80100 601-0000-60556 Project Account Key **None** 6/29/2015 3:26:12 PM Account Summary Account Name CONSTRUCTION Contract Svcs/Constructi Car Washes Fuel & Oil Parts & Maintenance Su Vehicle Repair & Mainte Street Sweeper Motorcycle Repair & Ma Computers Technical Supplies - Software Machinery & Equipment SilverRock Buildings Grand Total: Project Account Summary Grand Total: Expense Amount 383.15 654.03 679.00 4,203.22 336.54 2,742.46 2,744.93 1,284.45 191.69 1,464.87 3,900.00 5,712.12 1.86 251,618.73 Expense Amount 251,618.73 251,618.73 Packet: APPKT00469 - 51 -IM 6/19/15 72 Page 7 of 7 Canceled Payables City of La Quinta, CA Vendor Set: 01 - Vendor Set 01 Bank: APBNK -APBNK Payment Reversal Register APPKT00454 - SHM 6/1/15 Vendor Number Vendor Name Total Vendor Amount 05446 DESERT CONCEPTS CONSTRUCTION INC -2,500.00 Payment Type Payment Number Original Payment Date Reversal Date Payment Amount Check 106186 02/27/2015 05/31/2015 -2,500.00 Payable Number: Description Payable Date Due Date Payable Amount 15332REV-R FRUIT TREES @ WELLNESS CTR 01/29/2015 02/27/2015 2,500.00 Vendor Number Vendor Name Total Vendor Amount 06548 WALTERS WHOLESALE ELECTRIC CO -1,045.02 Payment Type Payment Number Original Payment Date Reversal Date Payment Amount Check 106162 02/20/2015 05/31/2015 -1,045.02 Payable Number: Description Payable Date Due Date Payable Amount 3536152-01-R ELECTRICAL MATERIAL 01/23/2015 02/20/2015 88.56 3536497-00-R ELECTRICAL MATERIAL 01/13/2015 02/20/2015 66.16 3536635-01-R ELECTRICAL MATERIAL 01/30/2015 02/20/2015 325.23 3536810-00-R ELECTRICAL MATERIAL 01/23/2015 02/20/2015 120.27 3536847-00-R ELECTRICAL MATERIAL 01/23/2015 02/20/2015 79.58 3536847-01-R ELECTRICAL MATERIAL 01/30/2015 02/20/2015 318.61 3536956-00-R ELECTRICAL MATERIAL 01/27/2015 02/20/2015 35.02 3537107-00-R ELECTRICAL MATERIAL 02/03/2015 02/20/2015 11.59 Vendor Number Vendor Name Total Vendor Amount 07694 LA QUINTA INTERNET VACATION RENTALS -75.00 Payment Type Payment Number Original Payment Date Reversal Date Payment Amount Check 105626 01/09/2015 05/31/2015 -75.00 Payable Number: Description Payable Date Due Date Payable Amount 10366-R REFUND TOT OVERPAYMENT 04/14/2014 01/09/2015 75.00 6/29/2015 3:27:13 PM Page 1 of 2 73 Payment Reversal Register 6/29/2015 3:27:13 PM Packet: APPKT00454 - SHM 6/1/15 Bank Code Summary Bank Code Canceled Payables Payables Left To Pay Again Total APBNK -3,620.02 0.00 -3,620.02 Report Total: -3,620.02 0.00 -3,620.02 74 Page 2 of 2 ATTACHMENT 2 CITY OF LA QUINTA BANK TRANSACTIONS 5/23/15 - 6/19/15 5/27/15 WIRE TRANSFER - TASC $877.06 5/28/15 WIRE TRANSFER - LANDMARK $167,917.75 6/03/15 WIRE TRANSFER - INVESTMENT PURCHASE $4,906,909.84 6/03/15 WIRE TRANSFER - CD PURCHASE $248,000.00 6/04/15 WIRE TRANSFER - PERS $44,244.29 6/04/15 WIRE TRANSFER - HEALTH PREMIUM $86,983.42 6/04/15 WIRE TRANSFER - CD PURCHASE $248,000.00 6/04/15 WIRE TRANSFER - CD PURCHASE $248,000.00 6/05/15 WIRE TRANSFER - ICMA $6,309.50 6/05/15 WIRE TRANSFER - LQCEA $365.50 6/05/15 WIRE TRANSFER - LANDMARK $119,569.77 6/05/15 WIRE TRANSFER - 6 CD PURCHASES ($248,000.00/CD) $1,488,000.00 6/08/15 WIRE TRANSFER - CD PURCHASE $248,000.00 6/09/15 WIRE TRANSFER - TASC $877.06 6/10/15 WIRE TRANSFER - 2 CD PURCHASES ($248,000.00/CD) $496,000.00 6/10/15 WIRE TRANSFER - CD PURCHASE $245,000.00 6/11/15 WIRE TRANSFER - 3 CD PURCHASES ($248,000.00/CD) $744,000.00 6/11/15 WIRE TRANSFER - CD PURCHASE $245,000.00 6/16/15 WIRE TRANSFER - CD PURCHASE $248,000.00 6/18/15 WIRE TRANSFER - CD PURCHASE $248,000.00 6/18/15 WIRE TRANSFER - INVESTMENT PURCHASE $5,000,000.00 6/18/15 WIRE TRANSFER - LANDMARK $169,859.24 6/19/15 WIRE TRANSFER - ICMA $6,309.50 6/19/15 WIRE TRANSFER - LQCEA $357.00 6/19/15 WIRE TRANSFER - PERS $44,213.70 6/19/15 WIRE TRANSFER - GASB 68 RPT $2,550.00 TOTAL WIRE TRANSFER OUT $15,263,343.63 75 76 CONSENT CALENDAR ITEM NO. City of La Quinta CITY COUNCIL MEETING: July 7, 2015 STAFF REPORT AGENDA TITLE APPROVE INTERAGENCY AGREEMENT WITH RIVERSIDE COUNTY AND ACCEPT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM FUNDS RECOMMENDATION Approve an Interagency Agreement with Riverside County and accept the Edward Byrne Memorial Justice Assistance Grant Program funds for traffic and surveillance -related law enforcement services. EXECUTIVE SUMMARY • In 2005, the Edward Byrne Memorial Justice Assistance Grant (JAG) Program was established to support a broad range of activities to prevent and control crime based on local needs. • The City has been awarded $10,003 for the 2015/16 Fiscal Year, which will be used by the La Quinta Police Department to acquire traffic safety and enhanced surveillance equipment for traffic control and special enforcement operations. • An interagency agreement is required to access the funds (Attachment 1). FISCAL IMPACT None. BACKGROUND/ANALYSTS Historically, the City has utilized JAG funds to purchase equipment that supports crime control initiatives. Although the City was granted $10,003, that amount has been reduced by 10 percent for administration fees for Riverside County to administer the program. The remaining $9,003 will be used to procure the following equipment identified by the City's Assistant Police Chief: • Traffic Safety Device ($2,950.00) - To update aged speed enforcement equipment that is currently deployed with the Traffic Services Unit. Citywide collision data historically indicates unsafe and excessive speed among the top reason for traffic collisions that occur within the City. • Mobile Computer ($1,450.00) - Mobile laptop style computer that will facilitate field productivity of the Special Enforcement Team during surveillance operations, search warrant preparation, and WEB -based mug photographs (WEB -Mug). This program continues the City's stated objectives to provide mobility to police officers. Budgetary constraints have limited the City's ability to acquire updated technologies without assistance from grant monies. 77 • Night Vision Device ($4,603.00) - The City has a dense residential zone with limited street and artificial lighting enhancements. Implementation of a night vision device will enable expanded operations in surveillance for the Special Enforcement Team and will assist general patrol in searching for missing persons. In order for the funds to be programmed for the La Quinta Police Department, an Interagency Agreement by and between the City and County of Riverside must be executed. JAG Program funding is disbursed on a reimbursement basis with all funding requests to be submitted and approved within 24 months of the grant award. ALTERNATIVES As this grant opportunity provides the City with the ability to defray General Fund costs for police services and procure new equipment, staff does not recommend an alternative. Report prepared by: Ted Shove, Business Analyst Report approved by: Frank J. Spevacek, City Manager Attachment: 1. Interagency Agreement 78 INTERLOCAL AGREEMENT BETWEEN THE CITIES OF BANNING, CATHEDRAL CITY, COACHELLA, CORONA, DESERT HOT SPRINGS, HEMET, INDIO, JURUPA, LA QUINTA, MORENO VALLEY, PALM SPRINGS, PERRIS, THE CITY OF RIVERSIDE AND THE COUNTY OF RIVERSIDE, CA CONCERNING DISTRIBUTION OF THE 2015 JUSTICE ASSISTANCE GRANT AWARD This Agreement is made and entered into this day of ,2015, by and between THE COUNTY OF RIVERSIDE, acting by and through its governing body, the Riverside County Board of Supervisors (hereinafter referred to as "COUNTY"), and named CITIES (hereinafter referred to as "CITIES"), acting by and through their respective governing bodies, the City Councils, all of whom are situated within the County of Riverside, State of California, as follows: WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this Agreement; and WHEREAS, the COUNTY agrees to release to CITIES their respective grant allocation from the JAG Award, less ten percent (10%) re -allocated to COUNTY, as reflected on Appendix 1 here attached and hereby incorporated by reference as part of this agreement, on a reimbursement basis; and COUNTY agrees to provide the administration of COUNTY's and CITIES' programs during the entire permissible duration of said programs; and additionally the COUNTY and CITIES each agree that it is their responsibility to ensure these funds are expended in accordance with JAG guidelines; and WHEREAS, the COUNTY and CITIES believe it to be in their best interests to reallocate the JAG funds, NOW THEREFORE, the COUNTY and CITIES agree as follows: Section 1. COUNTY agrees to release to CITIES up to their respective grant allocation from the JAG Award, less ten percent (10%) re -allocated to COUNTY, as reflected in Appendix 1 here attached and hereby incorporated by reference as part of this Agreement, on a reimbursement basis, from the JAG Award within (45) days upon receipt of fully documented reimbursement request, and; COUNTY agrees to provide the administration of COUNTY's and CITIES' programs during the entire permissible duration of said programs. Section 2. COUNTY and CITIES each agree that it is their responsibility to ensure these funds are expended in accordance with JAG guidelines. MOU - 2015 Justice Assistance Grant Page 11 79 Section 3. CITIES agree to provide COUNTY with sufficient timely information as necessary within five business days after receiving written request from COUNTY to meet JAG requirements for quarterly and annual financial and performance reports. Section 4. Nothing arising from this Agreement shall impose any liability for claims or actions against COUNTY other than what is authorized by law. Section 5. Nothing arising from this Agreement shall impose any liability for claims or actions against CITIES other than what is authorized by law. Section 6. Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable to any other party to this Agreement for any claim or action arisingfrom the services provided under this Agreement. Section 7. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 8. By entering into this Agreement, the parties do not intend to create any obligations, either express or implied, other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. MOU - 2015 Justice Assistance Grant Page 12 80 WHEREFORE, all parties freely and voluntarily agree to all of the above terms. COUNTY OF RIVERSIDE, CA Marion Ashley Board Chair ATTEST: County Clerk APPROVED AS TO FORM: Gregory P. Priamos County Counsel By: Neal Kipnis Deputy County Counsel MOU - 2015 Justice Assistance Grant Page 13 81 WHEREFORE, all parties freely and voluntarily agree to all of the above terms. CITY OF BANNING, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney MOU - 2015 Justice Assistance Grant Pagel 4 82 WHEREFORE, all parties freely and voluntarily agree to all of the above terms. CITY OF CATHEDRAL CITY, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney MOU - 2015 Justice Assistance Grant Page 15 83 WHEREFORE, all parties freely and voluntarily agree to all of the above terms. CITY OF COACHELLA, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney MOU - 2015 Justice Assistance Grant Page 16 84 WHEREFORE, all parties freely and voluntarily agree to all of the above terms. CITY OF CORONA, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney MOU - 2015 Justice Assistance Grant Page 17 85 WHEREFORE, all parties freely and voluntarily agree to all of the above terms. CITY OF DESERT HOT SPRINGS, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney MOU - 2015 Justice Assistance Grant Page 18 86 WHEREFORE, all parties freely and voluntarily agree to all of the above terms. CITY OF HEMET, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney MOU - 2015 Justice Assistance Grant Page 19 87 WHEREFORE, all parties freely and voluntarily agree to all of the above terms. CITY OF JURUPA, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney MOU - 2015 Justice Assistance Grant Page 110 88 WHEREFORE, all parties freely and voluntarily agree to all of the above terms. CITY OF INDIO, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney MOU - 2015 Justice Assistance Grant Page 111 89 WHEREFORE, all parties freely and voluntarily agree to all of the above terms. CITY OF LA QUINTA, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney MOU - 2015 Justice Assistance Grant Page 112 90 WHEREFORE, all parties freely and voluntarily agree to all of the above terms. CITY OF MORENO VALLEY, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney MOU - 2015 Justice Assistance Grant Page 113 91 WHEREFORE, all parties freely and voluntarily agree to all of the above terms. CITY OF PALM SPRINGS, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney MOU - 2015 Justice Assistance Grant Page 114 92 WHEREFORE, all parties freely and voluntarily agree to all of the above terms. CITY OF PERRIS City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney MOU - 2015 Justice Assistance Grant Page 115 93 WHEREFORE, all parties freely and voluntarily agree to all of the above terms. CITY OF RIVERSIDE, CA John A. Russo City Manager ATTEST: Colleen J. Nicol, MMC City Clerk APPROVED AS TO FORM: James E. (Jab) Brown City Attorney MOU - 2015 Justice Assistance Grant Page 116 94 Appendix 1 Eligible Agencies in FY2015 JAG Disparate Area Riverside County (Sheriff's Department) FA BJA Formula To Fiscal Agent (Sheriffs New Allocation % to FA Department) Riverside County Banning Cathedral City 59,771 10,742 14,265 Coachella Corona Desert Hot Springs Hemet Indio Jurupa La Quinta Moreno Valley Palm Springs 16,236 14,093 23,529 29,910 33,212 17,961 10,003 51,148 20,031 Perris i Riverside City 15,965 99,266 35,636: 95,407 1,074: 9,668: 10.00% 1,427 ' 12,839:10.00% 1,624 14,612: 10.00% 1,409: 12,684 i 10.00% 2,353 21,176 1 10.00% 2,991 i 26,919 10.00% 3,321 29,891 10.00% 1,796: 16,165: 10.00% 1,000 9,003 10.00% 5,115 I 46,033 10.00% 2,003: 18,028 10.00% 1,597 9,927 14,369 89,339 416,132 - 416,132 % To Fiscal Agent _ 8.56% $ To FA 35,636 10.00% 10.00% MOU - 2015 Justice Assistance Grant Page 117 95 96 CONSENT CALENDAR ITEM NO. City of La Quinta CITY COUNCIL MEETING: July 7, 2015 STAFF REPORT AGENDA TITLE:: DENY CLAIM FOR DAMAGES FILED BY CYNTHIA DOMINGUEZ; DATE OF LOSS - MAY 7, 2015 RECOMMENDATION Deny the claim for damages of Cynthia Dominguez in its entirety. EXECUTIVE SUMMARY • A claim was filed by Cynthia Dominguez with a reported date of loss of May 7, 2015 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 was due to an act of nature. FISCAL IMPACT Stated damages are in excess of $921. =4ACKGROUND/ANALYSIS The claimant alleges a tree fell over at a City -owned sports park and damaged her parked vehicle. CW recommends rejection as the damage was due to an act of nature over which the City had no control. ALTERNATIVES As CW is relied on to perform an accurate and thorough preliminary assessment of the claim from a liability standpoint and has recommended rejection of this claim, staff does not recommend an alternative action. Report prepared by: Terry Deeringer, Human Resources/Risk Manager Report approved by: Frank J. Spevacek, City Manager 97 98 CONSENT CALENDAR ITEM NO. City of La Quinta CITY COUNCIL MEETING: July 7, 2015 STAFF REPORT AGENDA TITLE DENY CLAIM FOR DAMAGES FILED BY MAYRA MARTINEZ; DATE OF LOSS - MAY 7, 2015 RECOMMENDATION Deny the claim for damages of Mayra Martinez in its entirety. EXECUTIVE SUMMARY • A claim was filed by Mayra Martinez with a reported date of loss of May 7, 2015 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 was due to an act of nature. FISCAL IMPACT Stated damages are in excess of $3,257. =4ACKGROUND/ANALYSIS The claimant alleges a tree fell over at a City -owned sports park and damaged her parked vehicle. CW recommends rejection as the damage was due to an act of nature over which the City had no control. ALTERNATIVES As CW is relied on to perform an accurate and thorough preliminary assessment of the claim from a liability standpoint and has recommended rejection of this claim, staff does not recommend an alternative action. Report prepared by: Terry Deeringer, Human Resources/Risk Manager Report approved by: Frank J. Spevacek, City Manager 99 100 CONSENT CALENDAR l NL. City of La Quinta CITY COUNCIL MEETING: July 7, 2015 STAFF REPORT AGENDA TITLE: EXCUSE ABSENCES FOR PLANNING COMMISSIONERS BETTENCOURT AND WRIGHT AND COMMUNITY SERVICES COMMISSIONER JOHNSON RECOMMENDATION Excuse absences for Planning Commissioners Bettencourt and Wright from the June 23, 2015 Planning Commission Meeting, and Commissioner Johnson from the July 13, 2015 Community Services Commission Meeting. EXECUTIVE SUMMARY Commissioners Bettencourt and Wright both requested to be excused from the June 23, 2015, Planning Commission. Commissioner Bettencourt has no previous absences and Commissioner Wright has had one excused absence this fiscal year. Commissioner Johnson requested to be excused from the July 13, 2015 Community Services meeting and has had no other absences during this fiscal year. FISCAL IMPACT None. No compensation is paid to absent members. BACKGROUND/ANALYSIS The Municipal Code does not allow a commissioner to be absent from two consecutive regular meetings or three scheduled meetings within a fiscal year without causing his/her office to become vacant. A request may be made for Council to excuse a commissioner's absence after -the -fact, for extenuating circumstances, and the absence would then not be counted toward the limitation on absences. Each Commissioner requested to be excused from their respective meetings due to personal reasons. ALTERNATIVES Council may deny any individual request, which would result in the absence being counted toward the board/commissioner member's limitation on absences as noted above. Report prepared by: Teresa Thompson, Deputy City Clerk Report approved by: Susan Maysels, City Clerk 101 102 CONSENT CALENDAR ITEM NO. City of La Quinta CITY COUNCIL MEETING: July 7, 2015 STAFF REPORT AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR HUMAN RESOURCES/RISK MANAGER TO ATTEND CALIFORNIA JOINT POWERS INSURANCE AUTHORITY ANNUAL EDUCATIONAL FORUM FROM SEPTEMBER 23-25, 2015 IN SAN FRANCISCO, CALIFORNIA RECOMMENDATION Authorize overnight travel for the Human Resources/Risk Manager to attend the California Joint Powers Insurance Authority Annual Educational Forum from September 23 through September 25, 2015, held in San Francisco, California. EXECUTIVE SUMMARY • The California Joint Powers Insurance Authority (CJPIA) provides innovative risk management solutions through their different programs and services, including the City's liability, workers' compensation and property insurance coverages. • CJPIA holds annual educational forums for its members to provide them the needed tools to keep active and up-to-date on a variety of risk management topics. FISCAL IMPACT Estimated expenses are $900, which includes airfare, hotel and meals. Funds are available in the Human Resources budget under the Travel, Training, and Meeting accounts. BACKGROUND/ANALYSIS CJPIA's 15th Annual Educational Forum will include information on ADA compliance, cyber liability, negotiating agreement terms with vendors, understanding the Annual Contribution calculations, handling difficult conversations, anatomy of a liability lawsuit, liability update on recent case law, and a number of other best practices topics associated with the risk management industry. ALTERNATIVES The Council could deny this travel request. However, the topics covered at this conference provide the opportunity for the Human Resources/Risk Manger to stay abreast of trends and issues that impact City liability insurance and insurance premiums. Report prepared by: Terry Deeringer, Human Resources/Risk Manager Report approved by: Frank Spevacek, City Manager 103 104 CONSENT CALENDAR ITEM O. City of La Quinta CITY COUNCIL MEETING: July 7, 2015 STAFF REPORT AGENDA TITLE: APPROVE PROFESSIONAL SERVICES AGREEMENT WITH THE ALTUM GROUP FOR THE VILLAGE BUILDOUT PLAN ENVIRONMENTAL IMPACT REPORT RECOMMEDATION Approve a Professional Services Agreement with The Altum Group in an amount not to exceed $150,000 for contract planning services to prepare an Environmental Impact Report (EIR) for the Village Build Out Plan. EXECUTIVE SUMMARY • At its meeting of January 6, 2015, staff presented concepts and goals to improve economic development in the Village. • At that meeting, the City Council directed staff to proceed with the selection of a professional planning firm to prepare an Environmental Impact Report (EIR) for the Village Build Out Plan. • Staff prepared a Request for Proposals, distributed it to qualified firms, and completed an interview process to select The Altum Group for the project. • The project is expected to be complete by March of 2016. FISCAL IMPACT The City Council allocated $150,000.00 for this project in the 2015/2016 budget. BACKGROUND/ANALYSIS In the City's continued efforts to encourage development in the Village, staff presented the City Council with concepts and strategies for incentivizing the development community to consider projects in the Village. One of these strategies is to complete the environmental review process required under the California Environmental Quality Act (CEQA) for build out conditions, so that individual projects that are consistent with the anticipated build out do not have to complete CEQA documents, but instead rely on the City's certified EIR. The Council authorized staff to proceed with a Request for Proposals (RFP) in January. Since that time, staff completed the RFP, notified qualified planning firms of the RFP, and received seven (7) responses. An evaluation panel comprised of staff from the Community Development and Public Works departments evaluated all seven proposals, and identified the top three proposers. These three firms, Dudek, Recon and The Altum Group, were invited to interview with staff panel members. The panel members concluded, after interviewing all three firms, that The Altum Group was best qualified, and had the 105 greatest understanding of the issues and challenges facing the City in the Village. The Altum Group is a local firm whose principal has been involved in planning efforts in the Village for a number of years, and whose staff has a clear understanding of hydrology and traffic issues in the area. The Altum Group has reviewed the attached Professional Services Agreement (Attachment 1), agreed with its terms, and signed the document. This request is to authorize the City Manager to sign the PSA, and initiate the project activities. ALTERNATIVES The City Council may reject the selection of The Altura Group, and direct staff to re -issue the RFP, with direction on how to amend the RFP. Because the City received seven proposals, all from qualified firms, and undertook a comprehensive review of these proposals, and identified a qualified and knowledgeable firm, staff does not recommend this alternative. Report prepared by: Les Johnson, Community Development Director Report approved by: Frank Spevacek, City Manager Attachment: 1. Professional Services Agreement 106 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 The Altum Group ("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 the Village Build Out Plan Environmental Impact Report (EIR) 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, (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 Last revised April 2015 107 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. 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 -2- 108 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 and Fifty Thousand Dollars ($150,000.00) (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 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- 109 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 8, 2015 and terminate on June 30. 2016 ("Initial Term"). This Agreement may be extended for one additional year(s) upon mutual agreement by both parties ("Extended 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: a. Michael Peroni E-mail: mike.peroni@thealtumgroup.com b. Nancy Ferguson E-mail: nancy.ferguson@thealtumgroup.com -4- 110 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 Community Development Director Les Johnson, 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 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, -5- 111 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 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- 112 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 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, -7- 113 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 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. -8- 114 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 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. 9- 115 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. 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 -10- 116 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, 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 -11- 117 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: Les Johnson Community Development Director 78-495 Calle Tampico La Quinta, California 92253 To Consultant: THE ALTUM GROUP Attention: Mike Peroni 73-710 Fred Waring Drive, Suite 219 Palm Desert, CA 92260 10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. -12- 118 10.8 Unfair Business Practices Claims. In entering into this Agreement, Consultant offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Consultant without further acknowledgment of the parties. 10.9 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third -party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] -13- 119 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California municipal corporation FRANK). 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: M I C. j%a. A • '.--126eu Title: ?k1411C Atxu'I "1 612Citotp By: Name: Title: 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. -14- 120 121 ACKNOWLEDGMENT NOTARY PUBLIC A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of RIVERSIDE On 06/26/2015 before me, ELVIRA SCHULTE, (here insert name and title of the officer) personally appeared *** MICHAEL A PERONI *** with an Professional Service Agreement for La Quinta Village E.I.R., and *** *** who proved to me on the basis of satisfactory evidence to is/— subscribed to the within instrument and acknowledged executed the same in his/heritivir authorized capacity(), signatureV) on the instrument the person(., or the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of foregoing paragraph is true and correct. WITNESS my hand and official seal. ��p� /I �� Signature L/ be the person() whose name(') to me that he/may and that by his/her entity upon behalf of which the the State of California that the ,.. 1 ELVIRA SCHULTE l Commission M 2064471 � '�" "s Notary Public - California i, Riverside County M Comm. E Tres A r 14, 2018 (Seal) 121 Exhibit A Scope of Services Last revised April 2015 EXHIBIT A 122 EXHIBIT "A" Scope of Work for the Village Build -out Plan Environmental Impact Report City of La Quinta May 8, 2015 Scope of Work Task 1: Prepare Initia I Study and Notice of Preparation A. Project Initiation • Review the City's Village Build -Out Plan then conduct a Site Visit to walk the area and take photographs of existing conditions to prepare for the Project Kick-off Meeting. • Attend a Kick-off Meeting with City staff to discuss the Build -Out Plan, and review Altum's scope of work for the preparation of the Project - Level EIR. Kunzman's project manager will also attend the kick off meeting. • Prepare a comprehensive Project Description based on the City's Build - Out Plan and prepare a description of potential Alternatives to the Build - Out Plan for review by City staff. 8. Initial Study and Notice of Preparation • Based on the approved Project Description and description of Alternatives, Altum will prepare a Draft Initial Study, Notice of Preparation, SCH Summary, and Distribution List for City staff review. • City staff will review the NOP package and provide comments that will be incorporated into a revised IS/NOP for public review. • Attend the Public Scoping Meeting Task 1 Deliverables: • 3 printed copies of the draft IS/NOP, one electronic copy in Microsoft Word and the draft NOP Distribution List. • 3 printed copies of the revised final IS/NOP, one electronic copy in Microsoft Word and one electronic copy in PDF format. • Up to 50 distribution copies (on CD) of the IS/NOP. • One printed copy and one electronic copy of the transmittal documents (Notice of Completion, Notice of Availability), including USPS or other delivery system confirmation). Task 2 Prepare Draft Environmental Impact Report A. Traffic Impact Analysis — Kunzman Associates Based on the Village Build -Out Plan Kunzman will prepare the Traffic Impact Analysis for the preferred build -out scenario and three Alternatives as defined in the RFP. • Review Project Site Alternatives • Review project site land use densities and roadway network alternatives. • Assess adjacent roadway general plan classifications, intersection spacing criteria, and driveway spacing criteria. 2 123 EXHIBIT "A" Scope of Work for the Village Build -out Plan Environmental Impact Report City of La Quinta May 8, 2015 • Interface via teleconference with the project applicant/project team (if necessary). • Make recommendations to project applicant/project team regarding access and circulation features (if necessary). • Determine Scope of Traffic Impact Analysis With City Staff • Propose project trip generation rates based upon the Institute of Transportation Engineers, Trip Generation, 9th Edition, 2012 with the appropriate internal capture and pass -by estimates. The maximum build -out scenario will be analyzed, and traffic volumes and Level of Service data for each of three (3) alternatives will be analyzed on a quantitative basis. • Propose project trip distribution and assignment based upon anticipated trip patterns for the proposed development. • Determine the study area, including intersections to be analyzed. • Identify other development projects and ambient traffic growth rate to use in the traffic impact analysis. • Prepare a proposed scoping agreement/memorandum of understanding for the traffic impact analysis, including assumptions and methodology, for City staff approval. • Interact with City staff and finalize traffic impact analysis scoping agreement/memorandum of understanding as needed. • Attend the project Kick-off meeting. • Inventory Existing Roadway Conditions and Collect Existing Peak Hour Intersection Turning Movement Volume Data • Procure weekday morning/evening peak hour intersection turning movement counts at up to fourteen (14) study area intersections as necessary. • Obtain up to nineteen (19) 24-hourtwo-way roadway Iink counts as necessary. • Conduct a field inventory of (1) intersection traffic control devices, (2) intersection approach lanes, and (3) roadway Zink through travel lanes for study area. • Review existing transit service in the study area. • Determine Existing Plus Project Traffic Volumes • Assign project trip generation and project trip distribution. • Calculate existing plus project peak hour intersection turning movement traffic volumes at study area intersections. • Calculate existing plus project daily traffic volumes on study area roadway links. • Determine Cumulative Traffic Volumes for Project Full Occupancy Year, Without Project 3 124 EXHIBIT "A" Scope of Work for the Village Build -out Plan Environmental Impact Report City of La Quinta May 8, 2015 BB • Determine trip generation and trip distribution for other development projects (up to 20 cumulative other development projects as necessary). • Calculate the background growth component of future traffic volumes. • Calculate cumulative future peak hour intersection turning movement traffic volumes at study area intersections without project traffic. • Calculate cumulative future daily traffic volumes on study area roadway links without project traffic. • Determine Cumulative Traffic Volumes for Project Full Occupancy Year, With Project • Determine trip generation and trip distribution for other development projects (up to 20 cumulative other development projects as necessary). • Calculate cumulative future peak hour intersection turning movement traffic volumes at study area intersections with project traffic. • Calculate cumulative future daily traffic volumes on study area roadway links with project traffic. • Conduct peak hour evaluations of project entrances, including inbound and outbound queue stacking requirements, and traffic signal warrants. • Determine Cumulative Traffic Volumes for General Plan Build -out Conditions, Without Project • Determine build -out future traffic volumes based upon the City of La Quinta Traffic Model. • Calculate build -out future peak hour intersection turning movement traffic volumes at study area intersections without project traffic. • Calculate build -out future daily traffic volumes on study area roadway links without project traffic. • Determine Cumulative Traffic Volumes for General Plan Build -out Conditions, With Project • Calculate build -out future peak hour intersection turning movement traffic volumes at study area intersections with project traffic. • Calculate build -out future daily traffic volumes on study area roadway links with project traffic. • Prepare Traffic Impact Analysis 4 125 EXHIBIT "A" Scope of Work for the Village Build -out Plan Environmental Impact Report City of La Quinta May 8, 2015 BG • Analyze existing intersection performance based on the Intersection Capacity Utilization and Highway Capacity Manual delay methodologies. • Analyze existing plus project traffic volumes to determine intersection operation performance. • Determine traffic improvements needed to serve the above traffic scenario. • Analyze cumulative future traffic volumes to determine intersection operation performance without project traffic. • Determine traffic improvements needed to serve the above traffic scenario without project traffic. • Analyze cumulative future traffic volumes to determine intersection operation performance with project traffic. • Determine traffic improvements needed to serve the above traffic scenario with project traffic. • Analyze build -out future traffic volumes to determine intersection operation performance without project traffic. • Determine traffic improvements needed to serve the above traffic scenario without project traffic. • Review funding sources for study area circulation improvements, including the currently proposed transportation improvements that the City is taking forward in the Capital Improvement Program. • Prepare a draft traffic impact analysis report that incorporates findings and all supporting calculations and assumptions. The traffic impact analysis will be stamped and signed by a Registered Engineer in the State of California. B. Hydrology Study — The Altum Group The La Quinta Village area is included within the boundaries of a Focused Drainage Study to be prepared by RBF/Baker for a portion of the City of La Quinta. The La Quinta Village area is impacted by Site 4, the Calle Tampico/Bermudas storm drain. While the Focused Drainage Study will calculate the 100 -year storm event (1, 3, 6, and 24-hour) for the entire study area, Altum will prepare a Preliminary Hydrology Study tiered off of this Focused Drainage Study for the La Quinta Village area. • The Preliminary Hydrology Study for La Quinta Village will calculate the 10 -year storm for the 1 -hour and 3 -hour events to determine the design storm necessary. • The existing topographic features and elevations for the Preliminary Hydrology Study will be based on the topographic information used for the Focused Drainage Study to assure that comparable data is used and similar results are realized. Altum has assumed that the City of La Quinta will make this information available for the purposes of this report. 5 126 EXHIBIT "A" Scope of Work for the Village Build -out Plan Environmental Impact Report City of La Quinta May 8, 2015 • • C. Air Quality and Global Climate Change — Kunzman Associates BB Altum will determine the 10 -year retention volumes necessary for the current level of development for the La Quinta Village as well as the proposed development build -out of the Village. These retention volumes will be used to determine the feasibility of providing onsite retention, or if a drainage mitigation fee is preferable and to explore potential sites within the Village boundary for onsite retention. The Preliminary Hydrology Study will not address Water Quality issues that may be required by State and/or Federal rules and regulations. Development of currently undeveloped sites or proposed redevelopment of existing sites within the Village will be required to meet Water Quality regulations on a site -by -site basis. Based on the Village Build -Out Plan Kunzman will prepare the Air Quality/Global Climate Change Analysis for the preferred build -out scenario and three Alternatives as defined in the RFP. • Identify the existing air quality setting in the area. • Identify applicable international, federal, state, SCAQMD's, and local rules and regulations, State greenhouse gas (GHG) regulations Assembly Bills (AB) 32 and 1493, Senate Bills (SB) 32, 97, 107, 375, 527, 1368, and 1771, and Executive Orders S-3-05 and S-14-08. Obtain existing air quality data from air quality monitoring stations within the study area utilizing California Air Resources Board (CARB) data sources. Data will be obtained for air pollutants, including ozone, carbon monoxide (CO), nitrogen dioxide (NO2), PM10, and PM2.5. Identify greenhouse gases (GHGs) and their associated impacts to global climate change. • Identify thresholds of significance for the criteria pollutants and GHGs within the Salton Sean Air Basin (SSAB) of the SCAQMD. • Evaluate and quantify regional criteria pollutant and GHG emissions associated with construction and operational activities for the proposed commercial/residential project based on the Village Build - Out Plan provided by the City and utilizing the CaIEEMod Model. If significant emission levels are found to be created from construction and/or operational activities, feasible mitigation will be developed and quantified. • Evaluate and quantify local criteria pollutant associated with construction and operational activities for the proposed commercial/residential project per SCAQMD Localized Significance Threshold (LST) methodology. If significant emission levels are found to be created, feasible mitigation will be developed and quantified. • If the traffic data deems it necessary, prepare a micro -scale CO screening analysis of the study area intersections based on the conditions in the Traffic Study prepared for the proposed project • • 6 127 EXHIBIT "A" Scope of Work for the Village Build -out Plan Environmental Impact Report City of La Quinta May 8, 2015 G and verify if it is in accordance with the SCAQMD requirements as described in the CEQA Air Quality Handbook. • Provide a qualitative odor analysis from the on-going operations of the proposed project. The odor analysis will identify the potential sources of odors and the number of variables that can influence the potential for an odor impact as well as providing detail of what constitutes a significant odor impact. • Evaluate the operational GHG emissions using CaIEEMod 2013.2.2. The project's emissions will also be compared to the SCAQMD's draft GHG emissions threshold of 3,000 metric tons of CO2e per year for all land uses. • The City of La Quinta included a Greenhouse Inventory and Reduction Plan along with their 2035 General Plan Update . Therefore, the project will be compared with the goals and policies of the Greenhouse Inventory and Reduction Plan, the La Quinta 2035 General Plan Livable Community Section, and the CARB Scoping Plan. • Prepare an air quality and global climate change report documenting the results of the study. The report will summarize the results of the previous work tasks. D. Historical Resources — Applied Earthworks Based on the Village Build -Out Plan Applied Earthworks will identify the historic properties that may be affected by development under Village Build - Out Plan and evaluate potential impact that may be associated with adjacency to new uses. • Meet with the City staff to review the comprehensive inventory of historic structures that lie within or adjacent to the proposed redevelopment projects and discuss key elements of the historic character in the Village that are to be retained and enhanced during any build -out phase. This could be done in the context of the kick-off meeting. • In conjunction with the City and the Project Team, <E staff will review the proposed Build -Out Plan and Alternatives. During this phase, IE will determine which structures may be sensitive to redevelopment goals and objectives and explore ways of encouraging new development while enhancing the historic character of the Village. • Following initial meetings, a site visit will be completed by an Architectural Historian who will conduct a reconnaissance -level built environment survey of the redevelopment areas as established by the Project Team to determine whether or not the proposed project has the potential to indirectly impact historic buildings/structures. • Following completion of this study, /E will prepare the cultural resources section for the project EIR. 7 128 EXHIBIT "A" Scope of Work for the Village Build -out Plan Environmental Impact Report City of La Quinta May 8, 2015 E. Prepare Administrative Draft E1R The Draft EIR will include the following components: • Executive Summary—Summary that is a miniature version of the Draft EIR, providing a synopsis of the project description, project impacts, mitigation measures, and alternatives analysis, that can be read in place of the larger EIR. • Introduction to the Draft EIR — Provides information on the purpose of and authority for the preparation of the EIR, identify the project applicant, identify the lead agency and responsible/trustee agencies, and provide a list of places where the Draft EIR is available for review and how to provide comments to the lead agency within the 45 -day public review period. • Comprehensive Project Description that describes the project location and environmental setting, project characteristics including the size of the site and the area to be affected, other agencies who have oversight of the project and any other pertinent information (construction schedule, number of employees, equipment list etc). • Environmental Impact Analysis • Introduction to the Chapter (brief outline of what is in each section), identification of cumulative projects • Existing Conditions and Issues (Environmental Setting) • Impact Analysis of all issues identified in NOP, responses received on the NOP and at the Public Scoping Meeting (if held) that require further analysis • Finding of Significance of an Impact • Analysis of Cumulative Impacts • Mitigation measures to reduce impacts/resolve issues • Findings (Level of Significance after Mitigation is implemented) • Alternatives Analysis —Three (3) alternatives (including the no -project alternative) will be determined in consultation with City staff and the applicant • Other CEQA Sections • Growth Inducing Impacts • Unavoidable Adverse Effects • Irreversible Commitment of Resources • Short-term vs Long-term Impacts • Impacts Found to be Less Than Significant (Summary of the Initial Study) 8 129 EXHIBIT "A" Scope of Work for the Village Build -out Plan Environmental Impact Report City of La Quinta May 8, 2015 F. Draft EIR Screencheck Task 2 Deliverables: • Altum will provide the Draft EIR to the City for screencheck review. Following the City's review, Altum will revise the Draft per the City's comments and resubmit for a second review. • Altum will revise the Draft per the City's comments and provide a "proof check" copy of Draft for final review and authorization to print/distribute. • Draft EIR will be distributed to the State Clearinghouse, County Clerk and other agencies and interested parties for 45 days. 3 printed copies of the Draft EIR, one e -copy in MS Word, and one e -copy in PDF format. 3 printed copies of all technical appendices and one e- copy in PDF format. 3 printed copies of the revised Draft EIR in track changes, and one e -copy in MS Word. 15 printed copies of the release Draft EIR, one e -copy in MS Word and one e -copy in PDF format. Up to 30 e -copies of the release Draft EIR for distribution. One printed copy of the Notice of Completion and Notice of Availability, transmittal memos, etc. (including UPS or USPS labels and delivery confirmations) and one e -copy in PDF format. Task 3: Responses to Public Comments A. Respond to Comments • Altum will review comment letters and provide a summary of comments and strategy for preparing responses • Provide responses for up to ten (10) comment letters from agencies and the public (maximum six (6) comments per letter). Task 3 Deliverables 3 printed copies of the draft response to comments, one e -copy in MS Word, and one e- copy in PDF format. 3 printed copies of the revised final response to comments, one e -copy in MS and one e -copy in PDF format. All required distribution copies, based on comments received. One printed copy of all transmittal documents (labels and delivery confirmations) and one e -copy in PDF format. Task 4: Findings and Statement of Overriding Considerations A. Findings of Fact • Prepare Findings of Fact for each environmental issue and a Statement of Overriding Consideration for City Attorney Review • Work with City Attorney to finalize the Findings 9 130 EXHIBIT "A" Scope of Work for the Village Build -out Plan Environmental Impact Report City of La Qu i nta May 8, 2015 Task 4 Deliverables 66 • 3 printed copies of the draft Findings, one e -copy in MS Word. • 3 printed copies of the revised final Findings, one e -copy in MS and one e -copy in PDF format. Task 5: Meetings and Hearings Project Management • Prepare monthly status reports and attend monthly status meetings. Other members of the Altum team may attend via conference call. • Attend two meetings to review the Draft EIR, and two meetings to review the Final EIR and Findings. Note: one of these meetings may be used to review the Comments and Responses. • Prepare meeting agendas and meeting minutes. • Communicate with City staff for issue resolution and progress reporting. Provide notes on telephone conversations to project team, cc on e-mails, etc. • Provide project schedule updates as changes occur. Public Hearings • Attend and participate in two Planning Commission • Attend and participate in two City Council public hearings. Task 6: Preparation of Final EIR A. Prepare Administrative Final EIR 8. Staff Review of Final EIR • Compile comments on the Draft EIR and annotate comment letters. • Review comments with City staff and formulate responses for review. • City staff review of responses to comments (assume one round with second review as part of the compiled Final EIR) • Prepare errata and revise Draft EIR (if necessary, anticipate only minor editorial revisions). • Prepare Mitigation Monitoring Program (MMRP). • Compile Final EIR for City staff review • Staff review of compiled final EIR. • Revise Admin Final per comments. • Staff 2nd review • Revise Admin Final per comments. • Provide "proof check" copy of Final for final review and authorization to print/distribute. C. Final Compiled EIR • A Final document will be assembled after the Notice of Determination is filed. The Final document will include the Draft EIR (as revised) public comments and responses, MMRP, and other relevant data such as the CEQA findings and resolutions. This document will be used by City staff during the subsequent construction and long term operation of the project (operational Conditions of Approval). 10 131 EXHIBIT "A" Scope of Work for the Village Build -out Plan Environmental Impact Report City of La Quinta May 8, 2015 Task 6 Deliverables 6 • 5 printed copies of the Final EIR, one e -copy in MS Word and one e -copy in PDF format. 11 132 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 and fifty thousand dollars ($150,000.00) ("Contract Sum"). The Contract Sum shall be paid to Consultant in installment payments made on a monthly basis 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. Last revised April 2015 EXHIBIT B 133 EXHIBIT "B" La Quinta Village Build -Out Plan EIR - Cost Estimate May 8, 2015 Task and Description PIC PM PE Asst PM Env Planner GIS WP/Edit Admin Total Hours Total Labor Subconsultants $160 $140 $140 $110 590 $90 $70 570 and Direct Costs Initial Study and Notice of Preparation 1 Project Initiation 4 8 8 20 $ 2,640 2 Prepare Initial Study and NOP (two rounds) 6 20 14 10 10 6 66 $ 6,320 $ 1,200 3 Public Scoping Meeting 4 4 2 10 $ 1,060 $ 200 SUBTOTAL 4 18 0 28 14 14 12 6 96 $ 10,020 $ 1.400 Draft Environmental Impact Report 1 Traffic Impact Analysis 0 $ - $ _ 32,130 2 Hydrology Study 90 16 106 $ 13,720 3 Air Quality/Global Climate Change Analysis 0 $ $ 13,140 4 Historical Resources Adjacency Review 1 0 $ - $ 9,000 5 Prepare Administrative Draft EIR (two rounds) 8 36 100 50 20 30 8 250 $ 25,960 6 Prepare Draft EIR and Notices for Public Review 6 6 4 10 10 38 $ 3,260 $ 1,500 SUBTOTAL 8 42 90 108 50 24 40 34 392 $ 42,940 $ 55,770 Responses to Comments 1 !Prepare Responses to Comments 6 18 4 36 _ 14 4 82 $ 9.300 2 !Revise Per Comments and Include in Final EIR 4 8 22 4 $ 4,460 0 500 SUBTOTAL 12 24 4 58 0 0 14 8 82 $ 13,760 $ 500 Findings and Statement of Overriding Consderation 1 Prepare Findings and SOC 8 32 4 2 46 $ 5.060 _ 2 Revise Per Comments and Include in Final EIR 8 2 10 $ 1,260 SUBTOTAL 0 18 0 32 0, 0 4 4 56 $ 6,320 $ Meetings andIteartngs 1 !Project Management and Coordination 6 30 8 44 $ 5,720 $ 500 2 (Meetings with City Staff (up to 10 meetings) 6 18 8 32 $ 4,040 3 !Public Hearings (up to 4 hearings) 8 18 8 34 $ 4,360 SUBTOTAL 20 68 0 0 0 0 0 24 110 $ 14,120 $ 500 Preparation of Final EIR 1 !Prepare Administrative Final EIR (2 rounds) 8 16 4 0 36 $ 3,720 2 jFinal Compiled EIR 2 0 10 $ 840 $ 1,600 SUBTOTAL 0 10 0 16 0 0 4 18 46 $ 4,560 TOTAL 42 176 94 240 64 38 74 92 782 $ 91,720 $ 58,170 GRAND TOTAL $ 149,890 Notes: PIC = Principle in Charge; PM = Project Manager; PE = Professional Engineer; ASST PM = Assistant Project Manager: Env Planner; Envionmental Planner; GIS = Geograpraphic Information Systems Tech; WP/Edlt = Word Processing and Editing; Admin = Administrative functions. P1616 15-05-08 La Quinta Village Cost Estimate 134 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. Last revised April 2015 EXHIBIT C 135 EXHIBIT "C" La Qulnta Village Build -Out Plan EIR - Project Schedule May 8, 2015 10 Task Name Slam Gnish 1 Authorization to Proceed 6/22/15 6/22/15 2 Prepare Initial Study and Notice of Prapanaon 6/22/15 0/25/15 MOM 3 Rlck-off Meeting- Site Visit 6/22/15 6/22/15 4 Prepare Initial Study and NOP 6/23/15 7/10/15 5 City Review of Initial Ruch/ and NOP 7/13/15 7/17/15 6 Revise per Clty Comments 7/20/15 7/22/15 7 Print and Distribute NOP 7/23/15 7/24/15 0 NOP Public Review 7/27/15 8/25/15 9 Prepare Technical Studies 6/29/15 7/31/15 10 Traffic Impact Analysis 6/29/15 7/24/15 11 Hydrology Study 6/29/15 7/24/15 12 Air Quality and Greenhouse Gas Analysis 7/6/15 7/31/15 13 I I14turka111erouces Mins/Twill 6/29/15 7/24/15 14 Prepare Adminhlrredye Draft EIR 7/20/15 1/1/16 15 Prepare Draft EIR 7/20/15 9/11/15 16 1st Screencheck of Drah FIR 9/14/15 10/2/15 17 Revise Per City Comments 10/5/15 10/16/15 18 led Syron- a5 Of INABA 10/19/15 10/30/15 19 Revise for City Approval to Print 11/2/15 11/10/15 20 Print and Distribute Draft FIR 11/11/15 11/16/15 21 45 -Day Public Review Period 11/17/15 1/1/16 22 Madonna to Public Commetot 1/4/16 1/21/16 23 Prepare Responses to Comments 1/4/16 1/21/16 24 Flndlnp and 5tr meant of Ovemldin■ 1/4/16 1120/16 Cendderetion 25 Prepare CEOA Findings of Fact 1/4/16 1/20/16 26 Prepare Final FMR 1/4/16 2/12/16 27 Prepare MMRP 1/4/16 1/8/16 20 City Review of Admin Final EIR 1/11/16 1/22/16 29 Revise Admin Final EIR per City Comments 1/25/16 1/29/16 30 Compile and Print Final EIR 2/1/16 2/2/16 31 10 -day Agency Review of Final EIR 2/3/16 2/12/16 32 Project Maneimme Meetings 6/22/15 3/15/16 33 Project Management 6/22/15 3/15/16 34 Meetings 7/27/15 2/22/16 35 Meeting 1 7/27/15 7/27/15 36 Meeting 2 8/24/15 8/24/15 37 Meeting 3 9/21/15 9/21/15 30 Meeting 4 10/19/15 10/19/15 39 Meeting 5 11/23/15 11/23/15 40 Meeting 7 12/21/15 12/21/15 41 Meeting 7 1/18/16 1/18/16 42 Meeting 8 2/22/16 2/22/16 43 PubleHesdnp 2/23/16 3/15/16 44 1st Planning Commission Hearing 2/23/16 2/23/16 45 2nd Planning Commission Hearing 3/1/16 3/1/16 46 1st City Council Hearing 3/8/16 3/8/16 47 2nd City Council Hearing 3/15/16 3/15/16 66 the 1019 Hf 0 MOMS L. T.t ai T � 410441.2055 '0046083815 5 Prewar 1015 kW, gni 0.5.007 2014 SWOr2018 4 _ a ■ ■ ■ » City of la Qulnta May 8, 2015 136 Last revised April 2015 Exhibit D Special Requirements "None" EXHIBIT D Page 1 of 1 137 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 5 138 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 5 139 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 5 140 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 Last revised April 2015 EXHIBIT E Page 4of5 141 for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from 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 5 142 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 obligations on City and will in Last revised April 2015 EXHIBIT F Page 1 of 2 143 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 obligations on City and will in Last revised April 2015 EXHIBIT F Page 1 of 2 144 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. b. Indemnification Provision for Design Professionals. 1. Applicability of Section F.2(b). Notwithstanding Section F.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified Parties from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or of any subcontractor), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subcontractor, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section F.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code 4 2782.8. Last revised April 2015 EXHIBIT F Page 2of2 145 146 CONSENT CALENDAR ITEM NO. City of La Quinta CITY COUNCIL MEETING: July 7, 2015 STAFF REPORT AGENDA TITLE: APPROVE MEMORANDUM OF UNDERSTANDING WITH COACHELLA VALLEY RESCUE MISSION TO SUPPORT OPERATIONS RECOMMENDATION Approve a Memorandum of Understanding with the Coachella Valley Rescue Mission to support their food and homeless shelter operations. aXECUTIVE SUMMARY • The City Council supports the Coachella Valley Rescue Mission (CVRM) in their effort to reduce homelessness in the Coachella Valley and has appropriated funds for operational support for FY 2015/16. • The attached Memorandum of Understanding (MOU) (Attachment 1) specifies that the funds are to be used for shelter operations at CVRM's east Valley location. FISCAL IMPACT The 2015/16 FY Budget includes $50,000 for CVRM operations support. This item is budgeted in the Community Services Administration budget. BACKGROUND/ANALYSIS CVRM was established in 1971 to assist the homeless and needy. Their staff and volunteers serve more than 175,000 hot meals annually and provide shelter to thousands of men and women with children. Food, clothing, and showers are also provided for those who do not shelter with CVRM. In 2013, City Council appropriated a one-time contribution of $50,000 for capital construction on CVRM's annex located directly south of the new facility on Van Buren Street opened in May 2015 to provide additional space for overnight emergency shelter facilities. As part of this year's budget, City Council approved $50,000 to support CVRM in the east Valley. The MOU specifies that the funds are to be used for facility operations. ALTERNATTVFr As Council designated these funds to support CVRM operations, staff has no alternative. Report prepared by: Edie Hylton, Deputy City Manager Report approved by: Frank J. Spevacek, City Manager Attachment: 1. Memorandum of Understanding 147 148 ATTACHMENT 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND COACHELLA VALLEY RESCUE MISSION This Memorandum of Understanding (the "Memorandum") is made by and between the CITY OF LA QUINTA, a municipal corporation and charter city ("City"), and the COACHELLA VALLEY RESCUE MISSION ("CVRM"), as of July , 2015 with respect to the following: RECITALS WHEREAS, the City is interested in providing food and shelter to those in need and, in that regard would like to support the CVRM; WHEREAS, the CVRM agrees to use the City funding for operation of the shelter this fiscal year; NOW, THEREFORE, the City and CVRM agree to the following: 1.0 TERM OF MEMORANDUM. The term of this Memorandum will be for a period of one (1) year and shall expire on June 30, 2016. 2.0 OBLIGATIONS OF THE PARTIES. 2.1 CVRM will provide food and shelter services at the CVRM facility, located at 47470 Van Buren St, Indio, CA 92201. 2.2 The City will provide financial support of $50,000 to CVRM for food and shelter services. 3.0 Mutual Indemnity and Release. The City and CVRM hereby agree to indemnify, defend, and hold harmless the other party and its officers, employees, agents and independent contractors (collectively, "Indemnitees") from and against any and all of claims, causes of action, obligations, losses, liabilities, judgments, or damages, including reasonable attorneys' fees and costs of litigation (collectively "Claims") arising out of and/or in any way relating to the indemnifying party's activities in the performance of this Memorandum, or to the indemnifying party's acts and/or omissions in providing or administering the same, excepting only those claims, actions, obligations, losses, liabilities, judgments, or damages arising out of the sole negligence, active negligence or willful misconduct of the Indemnitees. 4.0 Insurance. The Parties agree to provide insurance in accordance with the provisions of this Section. 4.1 City's Insurance Obligation. Without limiting the indemnification provisions provided herein, the City, at its sole expense, shall obtain and keep in force during the term of this Memorandum and any extensions thereof, a policy or policies of general liability insurance covering all injuries to persons and damage to property occurring in, upon or about the CVRM resulting from any actions or omissions of the City or any use of the CVRM by the City, City Page 1 of 3 149 employees, or its invitees in accordance with the terms of this Memorandum. The policy or policies evidencing such insurance shall name CVRM and its officials, officers, employees, and agents as additional insureds, shall provide that same may not be cancelled or amended without thirty (30) days prior written notice to CVRM, and shall provide for a combined single limit coverage of bodily injury and property damage in the amount of not Tess than One Million Dollars ($1,000,000). Such policy or policies shall be issued by an insurance company licensed to do business in the State of California and be rated A-NIII or better by ambest.com. Prior to the date of this Memorandum, and upon renewal of such policies, the City shall submit to CVRM certificates of insurance and any applicable endorsements evidencing that the foregoing policy or policies are in effect. At the City's option, the City shall be allowed to self - insure the insurance coverages required above. 4.2 CVRM Insurance Obligation. Without limiting the indemnification provisions provided herein, CVRM, at its sole expense, shall obtain and keep in force during the term of this Memorandum and any extensions thereof, a policy or policies of general liability insurance covering all injuries to persons and damage to property occurring in, upon or about the CVRM resulting from any actions or omissions of CVRM or any use of the CVRM, or the CVRM's invitees in accordance with the terms of this Memorandum. The policy or policies evidencing such insurance shall name the City and its officials, officers, employees, and agents, as additional insureds, shall provide that same may not be cancelled or amended without thirty (30) days prior written notice to the City, and shall provide for a combined single limit coverage of bodily injury and property damage in the amount of not less than One Million Dollars ($1,000,000). Such policy or policies shall be issued by an insurance company licensed to do business in the State of California and be rated A-NIII or better by ambest.com. Prior to the date of this Memorandum, and upon renewal of such policies, CVRM shall submit to the City certificates of insurance and any applicable endorsements evidencing that the foregoing policy or policies are in effect. 5.0 ADDITIONAL PROVISIONS. 5.1 In all cases, the language in all parts of this Memorandum shall be construed according to its fair meaning and not strictly for or against either party, if being agreed that the parties or their agents have all participated in the preparation of this Memorandum. 5.2 This Memorandum contains the entire agreement of the Parties and supersedes any prior oral or written statements or agreements between the Parties regarding the operation of the CVRM. 5.3 No termination of this Memorandum shall release either party from any liability or obligation hereunder resulting from any acts, omissions or events happening prior to the termination of this Memorandum. 5.4 In the event either party brings any suit or other proceeding with respect to the subject matter or enforcement of this Memorandum, the prevailing party (as determined by California law) shall, in addition to such other relief as may be awarded, be entitled to recover reasonable attorneys' fees, expenses and costs of suit or investigation as actually incurred (including, without limitation, reasonable attorneys' fees, expenses, and costs incurred in establishing the right to indemnification). Page 2 of 3 150 IN WITNESS WHEREOF, Coachella Valley Rescue Mission and City have executed this Memorandum as evidenced by the signatures contained below: CITY OF LA QUINTA, COACHELLA VALLEY RESCUE a California Municipal Corporation MISSION By: FRANK J. SPEVACEK, City Manager Dated: ATTEST: By: SUSAN MAYSELS, City Clerk APPROVED AS TO FORM AND CONTENT: By: WILLIAM H. IHRKE, City Attorney BY: IA le2aLM Name: Da r let u I' Wicrtt Title: ee-cc c v2. -2 ✓' ��(St Address: g7g7o 640-(244, City, State, Zip: ...4'Lo(iO / c' 42 C f Email: A6krK C or ell • �Q Dated: 6 �J Page 3 of 3 151 152 CONSENT CALENDAR ITEM NO. City of La Quinta CITY COUNCIL MEETING: July 7, 2015 STAFF REPORT AGENDA TITLL ADOPT RESOLUTION REQUESTING COUNTY OF RIVERSIDE TO PLACE COLLECTION COSTS FOR SOLID WASTE HANDLING SERVICES AT SINGLE-FAMILY DWELLINGS ON TAX ROLLS RECOMMENDATION Adopt a Resolution requesting the County of Riverside to place collection costs of solid waste handling services for single-family dwellings on the Tax Rolls. EXECUTIVE SUMMARY • The County Tax Assessor requires City Council to annually adopt a resolution requesting solid waste collection services to be placed on the residential Tax Rolls (commercial properties are direct -billed). • Burrtec, the City's waste management company, requested a Consumer Price Index (CPI) and disposal component fee increase for 2015/16 (Attachment 1). • Both items result in a combined monthly increase of $0.25 per single-family dwelling. FISCAL IMPACT None. BACKGROUND/ANALYSIS The City contracts with Burtec for solid waste collection and handling services; the current contract runs from July 1, 2007 through June 30, 2016. The agreement stipulates that the cost for single-family dwelling services will be collected on the Tax Rolls. The County Tax Assessor requires the City Council to annually adopt a Resolution requesting that this cost be placed on the Tax Rolls. This practice results in a monthly cost savings of approximately $1.43 per single-family dwelling. To ensure that these service costs are not subject to Proposition 218, which provides that all taxes and most charges are subject to voter approval, the City Council does not set rates, but instead establishes a rate ceiling for services pursuant to its regulatory authority. The Council may adjust the maximum rate ceiling each year, as needed. Rate ceiling adjustments are only required for accounts that are collected on the Tax Rolls, which currently only applies to single-family dwellings. For reference, Attachment 2 illustrates fee increases for all types of accounts serviced by Burrtec (i.e. commercial, roll off, temporary). Burrtec submitted a rate increase on May 2, 2015, requesting both CPI and disposal charge adjustments for 2015/16 as follows: • A CPI increase of 0.51 percent increase for the period of March 2014 to March 2015 (as authorized in franchise agreement). This results in a monthly increase of $0.09 per single-family dwelling. • Disposal charge (or tipping fee) increase to fund Riverside County's tip fee increase for the Edom Hill Transfer Station of $2.54 per ton to $44.24; the current rate is $41.70 per ton. This results in a monthly increase to the disposal component of $0.20 per single-family dwelling. • The combination of the CPI and disposal component increases represents a total monthly rate increase of $0.25. A chart illustrating the increases is provided below as it applies to single-family dwelling unit service. The AB 939 fee is a fixed amount and is utilized to fund City -initiated programs to increase solid waste diversion. Single -Family Dwelling 2014 Rate (existing) 2015 Rate (proposed) Service Component of Maximum Rate $8.76/month $8.81/month Disposal Component of Maximum Rate $3.23/month $3.43/month AB 939 Fee $0.61/month $0.61/month Total Rate $12.60/month $151.20/year $12.85/month $154.20/year Additional Refuse Cart $6.68/month $80.16/year $6.71/month $80.52/year Backyard Service For refuse and first recycling carts/containers For each additional cart/container $6.30/month $75.60/year $6.30/month $75.60/year $6.33/month $75.96/year $6.33/month $75.96/year Surcharge for Homeowners' Associations Desiring Monday Service 10 percent of Service Component Should the City Council not adopt the proposed Resolution, or should Property Tax Roll billing cease for any reason, the service component of the maximum monthly rate would increase by $1.43 for a monthly total rate of $14.28. This would represent the additional costs associated with direct billing to residents. ALTERNATIVES As the request is authorized by the current Franchise Agreement, staff does not recommend an alternative. Report prepared by: Ted Shove, Business Analyst Report approved by: Frank J. Spevacek, City Manager Attachments: 1. Burrtec correspondence 2. Fee increases RESOLUTION NO. 2015 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REQUESTING THE COUNTY OF RIVERSIDE TO PLACE COLLECTION OF COSTS FOR SOLID WASTE HANDLING SERVICES AT SINGLE-FAMILY DWELLINGS ON THE TAX ROLLS. WHEREAS, the La Quinta City Council wishes to ensure the uniform collection of rates for solid waste handling services at single-family dwellings by placing collection thereof on the County of Riverside Tax Assessor's Tax Rolls; and WHEREAS, the attached Exhibit A sets forth the maximum rates that may be collected for solid waste handling services at single-family dwellings in the City of La Quinta pursuant to a franchise agreement with an Effective Date of July 1, 2007, entitled "Agreement Between The City of La Quinta and Burrtec Waste and Recycling Services, LLC, for Solid Waste Handling Services"; and WHEREAS, the La Quinta has determined that applicable provisions, if any, of Proposition 218 (Articles XIII C and XIII D of the California Constitution) have been satisfied in connection with the matters addressed by the Resolution; and NOW, THEREFORE, BE IT RESOLVED by the City of La Quinta, to adopt as follows: SECTION 1. The City Council hereby requests the Riverside County Tax Assessor to place collection of costs for solid waste handling services at single-family dwellings in the City on the County's tax rolls (Exhibit A). PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of July, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California Resolution No. 2015 - Adopt Resolution Requesting County of Riverside to Place Collection Costs for Solid Waste Handling Services at Single - Family Dwellings on Tax Rolls Adopted: July 7, 2015 Page 2 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 Resolution No. 2015 - Adopt Resolution Requesting County of Riverside to Place Collection Costs for Solid Waste Handling Services at Single - Family Dwellings on Tax Rolls Adopted: July 7, 2015 Page 3 EXHIBIT A: RESOLUTION 2015 - CITY OF LA QUINTA REFUSE COLLECTION RATE AND DISPOSAL CHARGE TAX BILLING FISCAL YEAR 2015/2016 - RESIDENTIAL PROPERTY Single -Family Dwelling 2014 Rate (existing) 2015 Rate (proposed) Service Component of Maximum Rate $8.76/month $8.81/month Disposal Component of Maximum Rate $3.23/month $3.43/month AB 939 Fee $0.61/month $0.61/month Total Rate $12.60/month $151.20/year $12.85/month $154.20/year Additional Refuse Cart $6.68/month $80.16/year $6.71/month $80.52/year Backyard Service For refuse and first recycling carts/containers For each additional cart/container $6.30/month $75.60/year $6.30/month $75.60/year $6.33/month $75.96/year $6.33/month $75.96/year Surcharge for Homeowners' Associations Desiring Monday Service 10 percent of Service Component BURRTEC WASTE & RECYCLING SERVICES "We'll Take Care Of It" May 2, 2015 Mr. Frank Spevacek City Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 RE: 2015 Rate Adjustment Dear Mr. Spevacek, T `R MAY 15 2015 f)"1. Y' In accordance with Section 24 of the Franchise Agreement for Solid Waste, Burrtec respectfully request a rate adjustment. The increase in the Consumer Price Index (CPI) for the period March 2014 to March 2015 was 0.51%. (Index Sheet Attached) It is anticipated the county of Riverside will approve a 6.09% disposal increase. The rate will go from $41.70 to $44.24 /ton. Please see attached rate sheets reflecting the CPI and Disposal increase. Section 24.3 in the new Franchise Agreement states that The City Manager shall approve such a request unless he determines, based upon substantial evidence, that the requested adjustment to the maximum rate does not meet the requirements as set forth. I am available at your convenience to discuss the increase. Sincerely, Mike Veto Director of Municipal Services cc: Chris Escobedo cc: Debbie Morris, HF&H 41-575 Eclectic Street • Palm Desert, California 92260. 760-340-5901 • Fax: 760-340-2732 • wwwburrtecdesert.com ATTACHMENT 2 RESIDENTIAL CUSTOMERS EFFECTIVE JULY 1, 2015 Residential Rates for July 1, 2015 Includes 100% of CPI Increase of 0.51% on Service Component (March 2014 — March 2015) and Transfer Station Tip Fee Increase from $41.70 to $44.24 per ton on Disposal Component (July 2014 — July 2015) Single Family Dwellings Service Component Disposal Component AB 939 Fees Total Monthly Rate* Total Yearly Rate Automated or Manual Collection - Tax Roll Billing $ 8.81 $ 3.43 $ 0.61 $ 12.85 $ 154.20 Automated or Manual Collection - Direct Billing $ 10.24 $ 3.43 $ 0.61 $ 14.28 $ 171.36 Additional Refuse Cart $ 6.71 $ 6.71 $ 80.52 Cart Replacement (Per Secton 8.1.8 (F)) - one time fee $ 56.30 $ 56.30 n/a Bulky Item: in excess of 4 items or non -regular collection day** $ 16.89 $ 16.89 n/a Backyard Service Basic Additional Charge for Backyard Service $ 6.33 $ 6.33 $ 75.96 Charge for Each Additional Cart/Container Per Section 8.2.3 $ 6.33 $ 6.33 $ 75.96 PGA - 2nd Pick -Up Day $ 7.72 $ 3.43 $ 11.15 $ 133.80 Surchage for HOA's Desiring Monday Service 10% of Service Component 10% of Service Component *The maximum rates on this sheet shall apply to all customers receiving automated or manual service utilizing refuse carts or cans, including specifically such customers (if any) at commercial premises. ** Charged for pickups in excess of four items, or pickup on a non -collection day. Pickup otherwise at no additional charge. 1-1 Residential Service Component Calculations for July 1, 2015 Includes 100% of CPI Increase of 0.51% on Service Component (March 2014 — March 2015) Single Family Home/Townhouse Condominium/Mobile Home Service Component Approved 2014 Service Component Increase (March 2014 to March 2015) New Service Component July 1, 2015 Automated or Manual Collection - Tax Roll Billing $8.76 $0.05 $8.81 Automated or Manual Collection - Direct Billing $10.19 $0.05 $10.24 Additional Refuse Cart $ 6.68 $0.03 $6.71 Cart Replacement (Per Secton 8.1.8 (F)) - one time fee $ 56.01 $0.29 $56.30 Backyard Service Basic Additional Charge for Backyard Service $ 6.30 $0.03 $6.33 Charge for Each Additional Cart/Container Per Section 8.2.3 $ 6.30 $0.03 $6.33 PGA - 2nd Pick -Up Day $7.68 $0.04 $7.72 Surcharge for HOA's Desiring Monday Service 10% of Service Component Residential Disposal Component Calculations for July 1, 2015 Includes 100% of Transfer Station Tip Fee Increase from $41.70 to $44.24 per ton on Disposal Component (July 2014 — July 2015) Single Family Home/Townhouse Condominium/Mobile Home Dump Fee, in rates approved 2014 Increase for Transfer Station Fee Increase (July 2014 to July 2015) New Dump Fee Component July 1, 2015 Automated or Manual Collection - Tax Roll Billing $3.23 $0.20 $3.43 Automated or Manual Collection - Direct Billing $3.23 $0.20 $3.43 1-2 COMMERCIAL BIN CUSTOMERS EFFECTIVE JULY 1, 2015 Commercial Bin Rates for July 1, 2015 Includes 100% of CPI Increase of 0.51% on Service Component (March 2014 - March 2015) and Transfer Station Tip Fee Increase from $41.70 to $44.24 per ton on Disposal Component (July 2014 - July 2015) 2 Yard Bin Service ' Proposed Rates Pickups Per Week Service Component AB 939 Disposal Component Monthly Customer Rate 1 $ 60.33 $ 3.88 $ 25.74 $ 89.95 2 $ 105.09 $ 7.76 $ 49.07 $ 161.92 3 $ 147.63 $ 11.63 $ 72.55 $ 231.81 4 $ 189.96 $ 15.51 $ 95.81 $ 301.28 5 $ 232.36 $ 19.39 $ 114.40 $ 366.15 6 $ 275.08 $ 23.27 $ 142.32 $ 440.67 Extra Empty* $ 33.33 $ 6.44 $ 39.77 3 Yard Bin Service Proposed Rates Pickups Per Week Service Component AB 939 Disposal Component Monthly Customer Rate 1 $ 75.72 $ 5.82 $ 36.88 $ 118.42 2 $ 130.32 $ 11.63 $ 71.18 $ 213.13 3 $ 183.73 $ 17.45 $ 104.52 $ 305.70 4 $ 233.17 $ 23.27 $ 137.78 $ 394.22 5 $ 285.77 $ 29.07 $ 171.81 $ 486.65 6 $ 336.57 $ 34.89 $ 204.86 $ 576.32 Extra Empty* $ 45.42 $ 9.21 $ 54.63 4 Yard Bin ServiceProposed Rates Pickups Per Week Service Component AB 939 Disposal Component Monthly Customer Rate 1 $ 103.54 $ 7.76 $ 49.65 $ 160.95 2 $ 161.97 $ 15.51 $ 93.42 $ 270.90 3 $ 222.59 $ 23.27 $ 137.01 $ 382.87 4 $ 283.43 $ 31.01 $ 181.11 $ 495.55 5 $ 340.97 $ 38.76 $ 224.57 $ 604.30 6 $ 397.24 $ 46.51 $ 267.82 $ 711.57 Extra Empty* $ 61.51 $ 12.42 $ 73.93 6 Yard Bin Service Proposed Rates Pickups Per Week Service Component AB 939 Disposal Component Monthly Customer Rate 1 $ 155.34 $ 11.63 $ 73.86 $ 240.83 2 $ 242.95 $ 23.27 $ 141.79 $ 408.01 3 $ 333.83 $ 34.89 $ 208.06 $ 576.78 4 $ 425.47 $ 46.51 $ 274.34 $ 746.32 5 $ 511.50 $ 58.14 $ 341.80 $ 911.44 6 $ 595.89 $ 69.78 $ 407.41 $ 1,073.08 Extra Empty* $ 91.83 $ 18.47 $ 110.30 *Meaning occasional cal Is for extra service, or "emptying" of Bin. Customers desiring a locking Bin may be charged a one time charge of up to $64.65 to add a locking bar to their Bin, and are subject to a charge not to exceed $24.87 each time the locking bar needs replacement. The Service Component tor Customers receiving services less than 6 ti mes per week and who desire service on Saturday may be increased by an amount to not to exceed $26.89. The monthly Service Component for Customers who keep Bins in locked enclosures may be increased by an amount not to exceed $18.71. The monthly Service Component for Customers who keep Bins in a location requiring Contractor to move them more than 20feet for collection purposes may be increased by an amount not to exceed $33.16. 2-1 Commercial Bin Service Component Calculations for July 1, 2015 Includes 100% of CPI Increase of 0.51% on Service Component (March 2014 - March 2015) 2 Yard Bin Service 1 Pickups Per Week Service Component 7/1/14 CPI Increase Service Component 7/1/15 1 $ 60.02 $ $ 0.31 $ 60.33 2 $ 104.55 $ 2 0.54 $ 105.09 3 $ 146.88 $ 130.32 0.75 $ 147.63 4 $ 188.99 $ $ 0.97 $ 189.96 5 $ 231.17 $ 1.19 1.19 $ 232.36 6 $ 273.67 $ $ 1.41 $ 275.08 Extra Empty $ 33.16 $ 334.85 0.17 $ 33.33 3 Yard Bin Service Pickups PerWeek Service Component 7/1/14 CPI Increase Service Component 7/1/15 1 $ 75.33 $ 0.39 $ 75.72 2 $ 129.65 $ 0.67 $ 130.32 3 $ 182.79 $ 0.94 $ 183.73 4 $ 231.98 $ 1.19 $ 233.17 5 $ 284.31 $ 1.46 $ 285.77 6 $ 334.85 $ 1.72 $ 336.57 Extra Empty $ 45.19 $ 0.23 $ 45.42 4Yard Bin Service Pickups PerWeek Service Component 7/1/14 CPI Increase Service Component 7/1/15 1 $ 103.01 $ 0.53 $ 103.54 2 $ 161.14 $ 0.83 $ 161.97 3 $ 221.45 $ 1.14 $ 222.59 4 $ 281.98 $ 1.45 $ 283.43 5 $ 339.23 $ 1.74 $ 340.97 6 $ 395.21 $ 2.03 $ 397.24 Extra Empty $ 61.20 $ 0.31 $ 61.51 6Yard Bin Service 1 Pickups Per Week Service Component 7/1/14 CPI Increase Service Component 7/1/15 1 $ 154.55 $ 0.79 $ 155.34 2 $ 241.71 $ 1.24 $ 242.95 3 $ 332.12 $ 1.71 $ 333.83 4 $ 423.29 $ 2.18 $ 425.47 5 $ 508.88 $ 2.62 $ 511.50 6 $ 592.84 $ 3.05 $ 595.89 Extra Empty $ 91.36 $ 0.47 $ 91.83 2-2 Commercial Bin Disposal Component Calculations for July 1, 2015 Includes 100% of Transfer Station Tip Fee Increase from $41.70 to $44.24 per ton on Disposal Component (July 2014 - July 2015) 2 Yard Bin Service Pickups Per Week Disposal Component 7/1/14 Disposal Increase Disposal Component 7/1/15 1 $ 24.26 $ 1.48 $ 25.74 2 $ 46.25 $ 2.82 $ 49.07 3 $ 68.38 $ 4.17 $ 72.55 4 $ 90.31 $ 5.50 $ 95.81 5 $ 107.83 $ 6.57 $ 114.40 6 $ 134.15 $ 8.17 $ 142.32 Extra Empty $ 6.07 $ 0.37 $ 6.44 3 Yard Bin Service Pickups PerWeek Disposal Component 7/1/14 Disposal Increase Disposal Component 7/1/15 1 $ 34.76 $ 2.12 $ 36.88 2 $ 67.09 $ 4.09 $ 71.18 3 $ 98.52 $ 6.00 $ 104.52 4 $ 129.87 $ 7.91 $ 137.78 5 $ 161.95 $ 9.86 $ 171.81 6 $ 193.10 $ 11.76 $ 204.86 Extra Empty $ 8.68 $ 0.53 $ 9.21 4Yard Bin Service Pickups Per Week Disposal Component 7/1/14 Disposal Increase Disposal Component 7/1/15 1 $ 46.80 $ 2.85 $ 49.65 2 $ 88.06 $ 5.36 $ 93.42 3 $ 129.14 $ 7.87 $ 137.01 4 $ 170.71 $ 10.40 $ 181.11 5 $ 211.68 $ 12.89 $ 224.57 6 $ 252.44 $ 15.38 $ 267.82 Extra Empty $ 11.71 $ 0.71 $ 12.42 6Yard Bin Service Pickups PerWeek Disposal Component 7/1/14 Disposal Increase Disposal Component 7/1/15 1 $ 69.62 $ 4.24 $ 73.86 2 $ 133.65 $ 8.14 $ 141.79 3 $ 196.11 $ 11.95 $ 208.06 4 $ 258.59 $ 15.75 $ 274.34 5 $ 322.18 $ 19.62 $ 341.80 6 $ 384.02 $ 23.39 $ 407.41 Extra Empty $ 17.41 $ 1.06 $ 18.47 2-3 Roll -off & Temporary Rates for July 1, 2015 Includes 100% of CPI Increase of 0.51% on Service Component (March 2014 — March 2015) And Actual Disposal Costs Service Component: Rolloff Box Size Standard 20 yard box Standard 30 yard box Standard 40 yard box $ 115.64 per pull plus $13.10/ton of Solid Waste Collected $ 159.02 per pull plus $13.10/ton of Solid Waste Collected $ 186.16 per pull plus $13.10/ton of Solid Waste Collected The Service Component for Rolloff Compactors is three times the per pull rate for the same size Rolloff Box, plus $13.10 per ton of Solid Waste Collected (i.e., the Service Component for a 40 yd. Compactor is: 3 x $ 186.16 = $558.48 +$13.10/ton) Disposal Component: Actual Amount Charged to Contractor for Disposal TEMPORARY SERVICE USING BINS Temporary Service utilizing a 3yd Bin is subject to a maximum rate, comprised only of a Service Component, of per servicing by Contractor Temporary Service utilizing a 4yd Bin is subject to a maximum rate, comprised only of a Service Component, of per servicing by Contractor Temporary Service Delivery Charge Bins and Rolloff Boxes used for Temporary Services are subject to a delivery charge of: $ 20.37 3-1 Roll -off & Temporary Service Component Calculations for July 1, 2015 Includes 100% of CPI Increase of 0.51% on Service Component (March 2014 — March 2015) ROLL OFF BOXES Roll Off Box Size Service Component 7/1/14 Increase Service Component 7/1/15 20 yard $ 115.05 $ 0.59 $ 115.64 30 yard $ 158.21 $ 0.81 $ 159.02 40 yard $ 185.21 $ 0.95 $ 186.16 Extra Trip Fee $ 57.14 $ 0.29 $ 57.43 TEMPORARY SERVICE Bin Size Service Component 7/1/14 Increase Service Component 7/1/15 3 yard $ 118.60 $ 0.61 $ 119.21 4 yard $ 130.01 $ 0.67 $ 130.68 Delivery Charge $ 20.27 $ 0.10 $ 20.37 3-2 OTHER CHARGES EFFECTIVE JULY 1, 2015 Includes 100% of CPI Increase of 0.51% on Service Component (March 2014 - March 2015) And Actual Disposal Costs Service Service Component 7/1/14 Increase Service Component 7/1/15 New start fee $ 7.17 $ 0.04 $ 7.21 Re -Start fee $ 18.80 $ 0.10 $ 18.90 Returned Check $ 23.70 $ 0.12 $ 23.82 Delivery charge (bin/ro) $ 20.27 $ 0.10 $ 20.37 Locked Enclo. Svs Component $ 18.62 $ 0.10 $ 18.72 Move 20 feet Svs Component $ 32.99 $ 0.17 $ 33.16 Add locking bar: one time charge $ 64.32 $ 0.33 $ 64.65 Locking Bin Service Component $ 24.74 $ 0.13 $ 24.87 Saturday Service, Service Component $ 26.75 $ 0.14 $ 26.89 Bulky Item Collection: Residential, including multi- family: in excess of 4 items or non -regular collection day $ 16.80 $ 0.09 $ 16.89 Commercial $ 56.00 $ 0.29 $ 56.29 4-1 CONSENT CALENDAR ITEM NO. City of La Quinta CITY COUNCIL MEETING: July 7, 2015 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO EXTEND TIME TO COMPLETE OFF-SITE AND ON- SITE IMPROVEMENTS FOR PALIZADA, LOCATED SOUTH OF AVENUE 60 AND EAST OF MONROE STREET RECOMMENDATION 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 a time extension for the Subdivision Improvement Agreements to October 2018 to complete the off- site and on-site improvements. • No development has occurred beyond rough grading 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 Amended Tract Map Nos. 31732 and 31733 were approved on June 5, 2007 for the Palizada development, located south of Avenue 60 and east of Monroe Street (Attachment 1). The site was rough graded but no development has occurred. On May 14, 2015, the developer requested a three-year time extension to allow more time to look for ways to bring this project to market (Attachment 2). The municipal code allows a maximum of two years for time extensions; however, the applicant must demonstrate extenuating circumstances. Since the applicant has not identified circumstances that would warrant a two-year extension, staff supports extending this Agreement to June 16, 2016. Staff has not received any requests to complete the off- and on-site improvements. 165 :ALTERNATIVES Council may opt to grant a time extension for two years to June 16, 2017. Report prepared by: Bryan McKinney, P.E., Principal Engineer Report approved by: Timothy R. Jonasson, P.E. Public Works Director/City Engineer Attachments: 1. Vicinity Map 2. Letter from KB Home Coastal, Inc. 166 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. 167 Resolution No. 2015 - Tract Map Nos. 31732 and 31733 Adopted: July 7, 2015 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of July 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 168 ATTACHMENT 1 AMENDED TM 31732 & 31733 PALIZADA KAAL AIRPORT BOULEVARD PROJECT SITE AMENDED TRACT 31732 & 31733 AV NUE. 0 l AVFNU ; 61 AVENUT 62 VICINITY MAP NOT TO SCALE li 170 KB HOME 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 171 172 ITEM 15 - HAS BEEN PULLED FROM AGENDA CONSENT CALENDAR ITEM NO. City of La Quinta CITY COUNCIL MEETING: July 7, 2015 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO EXTEND TIME TO COMPLETE ON-SITE IMPROVEMENTS FOR THE RESIDENCE CLUB AT PGA WEST DEVELOPMENT RECOMMENDATION Adopt a resolution to extend the time to complete on-site improvements, as specified in the approved Subdivision Improvement Agreement, for the Residence Club at PGA West, to July 7, 2016 EXECUTIVE SUMMARY • The Residence Club at PGA West developer, Nadador, LLC, has requested City Council approval of a time extension of the Subdivision Improvement Agreement to July 7, 2016 to complete on-site improvements due to a slowdown in sales absorption. • The remaining on-site improvements include the final on-site street paving and survey monuments. There have been no public requests for completion of the on- site improvements. • Whereas more than a one-year extension without extenuating circumstances is atypical, staff recommends the extension be approved to July 7, 2016. FISCAL IMPAC None. Bonds of sufficient value are currently in place to secure the incomplete improvements. BACKGROUND/ANALYSIS On July 20, 2004, City Council approved Tract Map No. 31627 for the Residence Club at the PGA West development, located at the entrance to PGA West just south and east of the intersection of PGA West Boulevard and Avenue 54 (Attachment 1). The developer has constructed all off-site and on-site improvements except the final lift of pavement for the interior streets and the survey monuments. In a letter dated May 11, 2015 (Attachment 2), the developer believes the remaining improvements will be constructed by September 2016. The municipal code allows a maximum of two years for time extensions on Subdivision Improvement Agreements; however, more than a one-year extension is atypical without need to address extenuating circumstances. The developer has not identified any extenuating circumstances to warrant more than a one-year extension. There have been no requests from the public to complete these improvements. 191 :ALTERNATIVES Council may opt to grant a time extension to September 30, 2016; however, as developers are not typically granted more than a one-year extension without extenuating circumstances, this alternative is not recommended. Report prepared by: Bryan McKinney, P.E., Principal Engineer Report approved by: Timothy R. Jonasson, P.E. Public Works Director/City Engineer Attachments: 1. Vicinity Map 2. Letter from Greg Walter 192 RESOLUTION NO. 2015 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING EXTENSION OF TIME TO JULY 7, 2016 FOR THE COMPLETION OF THE ON-SITE IMPROVEMENTS AS SPECIFIED IN THE SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP NO. 31627, RESIDENCE CLUB AT PGA WEST WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31627, Residence at PGA West, on July 20, 2004; 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 October 1, 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 July 7, 2016. SECTION 2. The time extension for completing the on-site improvements shall expire when City offices close for regular business on July 7, 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. 193 Resolution No. 2015 - Time Extension - Tract Map No. 31627 Adopted: July 7, 2015 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of July 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 194 ATTACHMENT 1 TM 31627 RESIDENCE CLUB AT PGA WEST c_ 0 53rd AVENUE 54th AVENUE PGA WEST WEISKOPF 0 0 z z x• AIRPORT BLVD. 58th AVENUE VICINITY MAP NOT TO SCALE Nadador, LLC May 11, 2015 Mr. Tim Jonasson Public Works Director City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Re: Request for Extension Subdivision Improvement Agreement — Tract 31627 Dear Mr. Jonasson: Please accept this letter as our request to extend Subdivision Improvement Agreement for the Residence Club at PGA WEST. Our project, like many others, has experienced a slowdown in sales absorption resulting in an extended completion date. Our previously provided estimates for the installation of project improvements were based upon absorption rates prior to current conditions. As such, we respectfully request that the City consider the following adjusted dates for completion of the items set forth in the Subdivision Improvement Agreement. On -Site • Final paving lift —The final paving lift for the interior street in the Residence Club is currently scheduled for completion in September 2016. • Survey Monumentation — Installation of the survey monuments is scheduled immediately upon completion of the final paving lift. We appreciate your consideration of our request. We are very proud of our project and look forward to our continued relationship with the City as we work through to the successful completion of the project. Regards, NADADOR, LLC Greg Walter Authorized Signatory for Nadador LLC. 54-500 W. RESIDENCE CLUB DRIVE, LA QUINTA, CA 92253 - 760.771.2070 196 CONSENT CALENDAR ITEM NO. City of La Quinta CITY COUNCIL MEETING: July 7, 2015 STAFF REPORT AGENDA TITLE- ADOPT RESOLUTION TO EXTEND TIME TO COMPLETE OFF-SITE AND ON- SITE IMPROVEMENTS FOR A THREE LOT SUBDIVISION NORTH OF CALLE AMIGO AND EAST OF AVENIDA BERMUDAS RECOMMENDATION Adopt a resolution to extend the time to complete off-site and on-site improvements, as specified in the approved Subdivision Improvement Agreement, for Parcel Map No. 33954. EXECUTIVE SUMMARY • Parcel Map No. 33954 is a three lot subdivision north of Calle Amigo and east of Avenida Bermudas (Attachment 1). • Phoenix Row III, LLC (Developer), has requested that the City extend the Subdivision Improvement Agreements to July 7, 2016 to complete the off- and on- site improvements. FISCAL IMPAC None. Cash securities of sufficient value are in place to complete the improvements. BACKGROUND/ANALYSIS Parcel Map No. 33954 was approved in November 2007. Three lots were established that would be developed with an office, a single garage, and a residence. The lots are vacant and no development has occurred. On June 16, 2015, the Developer requested a time extension due to adverse economic conditions (Attachment 2); on-site improvements include storm drain, dry utilities, landscaping, and survey monumentation, and off-site improvements include water and sewer connections and a sidewalk along the Calle Amigo frontage. Staff has received no requests to complete these improvements. Since the project has not been constructed, staff recommends extending the Subdivision Improvement Agreement's completion requirements to July 7, 2016. ALTERNATIVES City Council may opt not to grant the time extension. Report prepared by: Bryan McKinney, P.E., Principal Engineer Report approved by: Timothy R. Jonasson, P.E., Public Works Director/City Engineer Attachments: 1. Vicinity Map 2. Letter from Francis La Branche, Jr. 197 198 RESOLUTION NO. 2015 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING EXTENSION OF TIME TO JULY 7, 2016 FOR THE COMPLETION OF THE OFF-SITE AND ON-SITE IMPROVEMENTS AS SPECIFIED IN THE SUBDIVISION IMPROVEMENT AGREEMENTS FOR PARCEL MAP NO. 33954 WHEREAS, the City Council approved the Subdivision Improvement Agreements (SIA) for Parcel Map No. 33954 on June 12, 2008; 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 June 17, 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 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 off-site and on-site improvements as required by the approved SIA is extended to July 7, 2016. SECTION 2. The time extension for completing the off-site and on-site improvements shall expire when City offices close for regular business on July 7, 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. 199 Resolution No. 2015 - Parcel Map No. 33954 Adopted: July 7, 2015 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of July 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 200 ATTACHMENT 1 PARCEL MAP NO. 33954 CALLE TAMPICO 0 Lu CALLE HIDALGO w AVENIDA LA FONDA SITE SITE !ID CALLED - - BARCELONA f CALLE o AMIGO AVENUE (1 -- AVENIDA SINALOA VICINITY MAP NOT TO SCALE Jun.16.2015 17:13 Dr. Francis H La Branche PAGE. 1/ 1 Timothy Jonasson, P.E. Public Works Director, City Engineer La Quinta CA 92247-1504 Dear Mr. Jonasson, The purpose of this letter is to request an agreement for off-site and on-site improvements adverse economic conditions. I anticipate commencing and completing improves. Thank you for your consideration. Sincerely yours, Francis Lu Branche„ Jr. Manager 25 Bay Street Northfield, NH 03276 June 15, 2015 extension of a subdivision improvement for parcel map 33954, due to continuing this project when the economic clirnate 202 CONSENT CALENDAR ITEM NO. 18 City of La Quinta CITY COUNCIL MEETING: July 7, 2015 STAFF REPORT AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR FIVE COUNCILMEMBERS AND CITY MANAGER TO ATTEND LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN SAN JOSE, CALIFORNIA SEPTEMBER 30 -OCTOBER 2, 2015 RECOMMEDATION Authorize overnight travel for five Councilmembers and the City Manager to attend the League of California Cities Annual Conference held in San Jose, September 30 through October 2, 2015. EXECUTIVE SUMMARY The League of California Cities (League) is an association of California city officials who collaborate to enhance their skills, exchange information, and combine resources so that they may influence legislative policy decisions. The League's Annual Conference provides attendees the opportunity to participate in education sessions and discussion forums along with networking opportunities. Additionally, a meeting of the Regional Riverside Division is planned. FISCAL IMPACT Estimated expenses are $1,975 per attendee, which includes conference registration, transportation, hotel and meals. Funds have been budgeted in the City Council and City Manager budget under Travel, Training and Meeting accounts. BACKGROUND/ANALYSIS The League's Annual Conference provides the opportunity for local leaders to learn from leading experts as well as from their peers. Education sessions and forums will include topics such as communication, economic development, public safety, and technology. In addition, the League's Annual Business Meeting, held during the General Assembly, takes action on resolutions that establish League policy. Mayor Evans has been designated as the City's voting delegate. ALTERNATIVES The Council could elect to reduce the number of attendees; however, it is beneficial to have City representation at the League's Annual Business meeting. Report prepared by: Wanda P. Wise -Latta, Executive Assistant Report approved by: Frank J. Spevacek, City Manager 203 204 CONSENT CALENDAR ITEM NO. City of La Quinta CITY COUNCIL MEETING: July 7, 2015 STAFF REPORT AGENDA TITLE: APPROVE CONTRACT SERVICES AGREEMENT WITH AVIR INCORPORATED FOR COUNCIL CHAMBER AUDIO/VIDEO/CONTROL SYSTEM REPLACEMENT RECOMMENDATION Approve a Contract Services Agreement with AVIR Incorporated and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY • The existing audio/visual/control system in the City Council Chambers is over 20 years old and replacement parts are no longer available. The video function has failed and the audio component is marginal. • A new system will provide better sound and viewing experiences, and video recording and web streaming technology. • The City circulated a Request for Proposals (RFP) to replace this equipment and local company, AVIR Incorporated, submitted the lowest responsible bid. • If approved, the installation will occur over the summer months and be ready for use in September. FISCAL IMPAC The project cost is $179,995. Funding is available from the Equipment Replacement Fund. BACKGROUND/ANALYSIS The audio/video/control system for the Council Chambers was installed in 1993 when the building was constructed. At that time, the Chamber was outfitted with the most up-to- date technology available. Over the past 22 years, the equipment has degraded and shown signs of normal wear and tear. The video component has ceased working and the audio component is marginal at best. Repair of this system is futile as replacement parts are scarce or non-existent. On March 17, 2015, City Council directed staff to prepare and circulate an RFP to replace the entire system. The project budget is $200,000. The City received five proposals to replace and/or install the following: • Video system - including the "Jumbotron" projection system, installing an interactive touchscreen display along the south "voting" wall, replacing the dias monitors with touchscreen controls. 205 • Wireless system - to allow presenters to connect to the video/audio system to conduct presentations from their devices or to allow "screen sharing" from any device in the room. • Cameras - four mounted cameras to record meetings. • Audio system - replace the microphone system with touchscreen controls, eight speakers, and three wireless microphones for presentations. • Control system - replace the voting system with touchscreen controls, replace the public comment timer system with visual countdown timer, and digital nameplates on dais. The submittals were reviewed by a selection committee and AVIR Incorporated, a company located in Palm Desert, was the most qualified company. ALTERNATTVFE° As the selection process has met City requirements and the selected firm meets or exceeds all required qualifications, staff does not recommend an alternative. Report prepared by: Tustin K. Larson, Marketing & Events Supervisor Report approved by: Edie Hylton, Deputy City Manager Attachment: 1. Contract Services Agreement 206 ATTACHMENT 1 CONTRACT SERVICES AGREEMENT THIS CONTRACT SERVICES AGREEMENT (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, a California municipal corporation ("City"), and AVIR Incorporated, a California corporation ("Contractor"). RECITALS WHEREAS, City desires to utilize the services of Contractor as an independent contractor to provide City with the design, installation, integration, and calibration of the Council Chamber audio/video/control system. B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees. C. City desires to retain Contractor, and Contractor desires to serve City to perform these services subject to the terms contained herein and all applicable local, state, and federal laws and regulations. NOW, THEREFORE, based on the foregoing Recitals and 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 provide those services related to the design, installation, integration, and calibration of the Council Chamber audio/video/control system 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 a provider of first-class work and services and Contractor is experienced in performing the Services contemplated herein and, in light of such status and experience, Contractor covenants that it shall 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" 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 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 2671/015610-0002 8290895.1 a06/29/15 Last Revised April 2015 207 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. Contractor 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. 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, 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. Contractor shall be responsible for all subcontractors' compliance with this Section. 1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed 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 Contractor discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contractor 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 contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contractor's 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 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 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 Contractor shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contractor. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Contractor shall 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 2671/015610-0002 8290895.1 a06/29/15 Last Revised April 2015 -2- 208 without compensation. No such Additional Services may be undertaken unless a written change 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 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 Contractor 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. 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 a total amount not to exceed One Hundred Seventy -Nine Thousand, Nine Hundred Ninety -Five Dollars and Zero Cents ($179,995.00) (the "Contract Sum"), except as provided in Section 1.6. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the work is not completed in accordance with the Schedule of Performance, as set 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 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 Contractor, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contractor shall 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 2671/015610-0002 8290895.1 a06/29/15 Last Revised April 2015 -3- 209 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 Sections 8.8 or 8.9 of this Agreement, this Agreement shall commence on July 15, 2015 and terminate on December 31, 2015 ("Term"). 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor ("principals") are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith: a. Gordon Spielberg, Owner E-mail: gordan@avir.com b. Mike Oster, Owner E-mail: mike@avir.com c. Paul Talley, Lead Project Manager E-mail: paul@avir.com It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to 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 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 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. 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 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 2671/015610-0002 8290895.1 a06/29/15 Last Revised April 2015 -4- 210 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 Contractor, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or subcontracting by Contractor without City's express written approval shall be null, void, and of no effect. No approved 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, mode, 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 shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. 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. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 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. Except for the Contract Sum paid to Contractor as provided in this Agreement, City shall not pay salaries, wages, 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 of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor 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. 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 payment due to Contractor under this Agreement any 2671/015610-0002 8290895.1 a06/29/15 Last Revised April 2015 -5- 211 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. 4.5 Identity of Persons Performing Work. Contractor 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. 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 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 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. 4.7 Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contractor for any costs incurred in locating, repairing damage not caused by Contractor, and removing or relocating such unidentified utility facilities. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities. 4.8 Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply. 4.8.1. Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement. 4.8.2. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of this Agreement. 2671/015610-0002 8290895.1 a06/29/15 Last Revised April 2015 -6- 212 4.8.3. That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting Parties. 4.9 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contractor shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as 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 employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 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, Contractor 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, Contractor shall indemnify, protect, defend 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. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services as the Contract Officer shall 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 aware of any facts, 2671/015610-0002 8290895.1 a06/29/15 Last Revised April 2015 -7- 213 circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.2 Records. Contractor shall keep, and require 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 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. 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 (the "Documents and Materials") prepared or caused to be prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement 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 Contractor 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 Contractor will be at City's sole risk and without liability to Contractor, and Contractor's guarantee and warranties shall not extend to 2671/015610-0002 8290895.1 a06/29/15 Last Revised April 2015 -8- 214 such use, revise, or assignment. Contractor may retain copies of such Documents and Materials for its own use. Contractor 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 Contractor fails to secure such assignment, Contractor 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 Contractor 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 Contractor 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. Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all of the Documents and Materials. Contractor makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contractor or provided to Contractor 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. Contractor shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.6 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. 2671/015610-0002 8290895.1 a06/29/15 Last Revised April 2015 -9- 215 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 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. Payments shall be made in accordance with the provisions of Section 2.0 of this Agreement. In accordance with said Sections, City shall pay Contractor a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of the labor and materials incorporated into the Services under this Agreement during the month covered by said invoice. The remaining five percent (5%) thereof shall be retained as performance security to be paid to Contractor within sixty (60) days after final acceptance of the Services by the City Council of City, after Contractor has furnished City with a full release of all undisputed payments under this Agreement, if required by City. In the event there are any claims specifically excluded by Contractor from the operation of the release, City may retain proceeds (per Public Contract Code § 7107) of up to one hundred fifty percent (150%) of the amount in dispute. City's failure to deduct or withhold shall not affect Contractor's obligations hereunder. 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 2671/015610-0002 8290895.1 a06/29/15 Last Revised April 2015 -10- 216 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 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. 8.8 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. 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, 2671/015610-0002 8290895.1 a06/29/15 Last Revised April 2015 -11- 217 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 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 or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Contractor 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 Contractor's performance of the Services under this Agreement. Contractor 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. Contractor 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. 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 Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of 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, sex, marital status, sexual orientation, national origin, or ancestry. 10.0 MISCELLANEOUS PROVISIONS 2671/015610-0002 8290895.1 a06/29/15 Last Revised April 2015 -12- 218 10.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: CITY OF LA QUINTA Attention: Frank J. Spevacek City Manager 78-495 Calle Tampico La Quinta, CA 92253 To Contractor: AVIR Incorporated Gordon Spielberg Owner 41905 Boardwalk, Suite X Palm Desert, CA 92211 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 Contractor and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to 2671/015610-0002 8290895.1 a06/29/15 Last Revised April 2015 -13- 219 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, Contractor 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 Contractor without further acknowledgment of the parties. 10.9 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third -party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. 2671/015610-0002 8290895.1 a06/29/15 Last Revised April 2015 [SIGNATURES ON FOLLOWING PAGE] -14- 220 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, CONTRACTOR: a California municipal corporation FRANK J. SPEVACEK, City Manager Dated: ATTEST: By: Name: Title: CAD pt -e_ — By: Name: SUSAN MAYSELS, City Cierk, La Quinta, California Title: APPROVED AS TO FORM: William H. Ihrke, City Attorney City of La Quinta, California Two signatures are required if a corporation. 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 2671/015610-G502 8290895.1 a06125!15 Last Revised April 2015 -13- 221 Exhibit A Scope of Services Contractor will provide: Phase 1 - Project Kick -Off a) Meeting with the City to establish project schedule b) Review any existing data and any other applicable work done relating to the project Phase 2 - Turnkey audio/video/control system Contractor agrees to design, install, integrate, and calibrate the electronic systems equipment and its related hardware as outlined in this scope of services. Contractor engineers will work with City staff and other trade vendors to provide the technical specifications, mechanical design and detailed drawings for the system. Upon completion working documents will be supplied to help troubleshoot the system or for any future upgrades by others. Contractor shall perform installation work, including: a) Layout and wiring diagrams b) Protection of any utilities in the immediate area of the project c) CONTRACTOR has agreed to provide, install, integrate, and calibrate the following video components (Description and quantity): a. 3000 Lm WXGA Short Throw Projector -Sony VPLSW235 1 Integrate existing projector screen b. 70" Class Interactive Display -Samsung DM75D+CY-TD75LDAF 1 Universal Micro -Adjustable Tilt Wall Mount -Chief XTMU 1 Small form factor computer-AVIR Intel NUC 1 2671/015610-0002 8290895.1 006/29/15 Last Revised April 2015 EXHIBIT A Page 1 of 3 222 c. Touchscreen Flush Unit-ListenTech UNICOS-F-MM 14 17" SmartView HD Studio Monitor-Blackmagic BLSVHD 14 Binary Single CAT5e/6 HDBaseT Extender 1 d. AirMediaTM Presentation Gateway-Crestron AM -100 1 Network Media Player -Apple Apple TV 1 e. Analog to SDI mini converter-Blackmagic BLASDIMC 1 PTZ Camera with 20x Optical Zoom (Black) -Sony SOEVIH100S 3 f. Joystick Remote Control Panel -Sony SORMBR300 1 ATEM Production Studio-Blackmagic BL-ATEMP-STU-4K 1 Small form factor computer-AVIR Intel NUC 1 17" SmartView HD Studio Monitor-Blackmagic BLSVHD 1 iPad Air 2 Wi-Fi 16GB - Space Gray -Apple iPad Air 2 1 SDI Distribution 4K mini converter-Blackmagic BLMCSD4K 1 6G -SDI to HDMI 4K mini converter-Blackmagic BLMCSH4K 5 g. 43" 4K Ultra HD TV -Sony XBR43X830C 1 Thinstall Medium Tilt Mount -Chief MTTU 1 960H Bullet Analog Camera -Bosch VTN-4075-V321 1 d) CONTRACTOR has agreed to provide, install, integrate, and calibrate the following audio components (Description and quantity): a. Power Amplifier 185 W/Ch, 70v-QSC ISA300TI 1 b. Digital Conferencing Delegate Flush Unit ListenTech FD -M 1 8 Ch Intellimix with Dante RJ45-Shure SCM820-DAN 1 c. 70v Commercial Speaker - Black-Sonance FMS860 4 6.5" 2 Way In -Wall JBL Professional CONTROL-126WT 4 d. Wireless Handheld System -Shure BLX24R/SM58 3 Wireless Vocal System -Shure BLX14R/W85 1 e. Integrate Denon DN-F450R with Audio system Integrate Gentner Digital Hybrid II with Audio system 2671/015610-0002 8290895.1 a06/29115 -2- 223 e) CONTRACTOR has agreed to provide, install, integrate, and calibrate the following CONTROL SYSTEM components (Description and quantity): a. Digital signage -Samsung DB1OD 14 b. Central Unit - ListenTech UNICOS-CU 1 c. Managed 26 -port Gigabit Ethernet Switch -Cisco SG300-28 1 DanteTM-ListenTech UNICOS-DANTEANC 1 Small form factor computer-AVIR Intel NUC 1 3 -Series Control System-Crestron CP3 1 f) All travel and mobilization costs for Contractor crew are included g) Final walk-through, training session, and (1) hard copy operations manual, and (1) digital operations manual. h) Contractor warranties its installation and programming work for a period of five years to commence upon completion of installation. Ownership of equipment shall transfer to client upon delivery of goods. Contractor warranties its structured wiring and termination materials and labor indefinitely to the original property owner. This warranty does not transfer with a change in ownership. Contractor will help the owner get their manufacturer-warrantied equipment serviced throughout the life of said warranty. City will provide: a) Any and all existing construction drawings, wiring diagrams, or other available documentation of existing audio/video/control system. b) Coordination of drywall, millwork, and finish carpentry work to be provided by outside contractor. 2671/015610-0002 8290895.1 a06/29115 -3- 224 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 One Hundred Seventy -Nine Thousand, Nine Hundred Ninety -Five Dollars and Zero Cents ($179,995.00) except as specified in Section 1.6 - Additional Services of this Agreement. Payment Schedule is as follows: Upon Agreement Execution 30 Days prior to installation of in -wall speakers 45 days prior to component installation Balance upon completion Total: 2671/015610-0002 8290895.1 006/29/15 Last Revised April 2015 EXHIBIT B Page 1 of 1 $35,999.00 $53,995.50 $80,997.75 $8,995.75 $179,995.00 225 Exhibit C Schedule of Performance Contractor shall complete all services within the term of this agreement. The schedule is as follows: a) Week of 7/13/2015 - Removal of existing equipment and clean out rack area in preparation of new equipment. b) Week of 7/20/2015 - Prewire dais, and council chambers for new speakers, Televic Unicos devices, CCTV, and displays. c) Week of 7/27/2015 - Finish any rough wiring and final legacy system tear down. d) Week of 8/3/2015 - Installation of speakers and other trim parts. e) 8/3/2015 - 8/24/2015 - Installation of major components and systems. f) 8/24-9/3/2015 - System programming and testing. g) Week of 9/7/2015 - Operational training and instruction. 2671/015610-0002 8290895.1 006/29/15 Last Revised April 2015 EXHIBIT D Page 1 of 1 226 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) 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 Last revised April 2015 EXHIBIT E Page 1 of 5 227 Contractor's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the contractor 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. 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. 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. E.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 payments) 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. Last revised April 2015 EXHIBIT E Page 2 of 5 228 E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: 1. 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. 2. 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. 3. 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. 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 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. 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 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. Last revised April 2015 EXHIBIT E Page 3 of 5 229 8. 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. 9. 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. 10. 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. 11. 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. 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. 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. 14. 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. Last revised April 2015 EXHIBIT E Page 4 of 5 230 15. 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. 16. 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. 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. 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. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. 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. Last revised April 2015 EXHIBIT E Page 5 of 5 231 Exhibit F Indemnification F.1 General Indemnification Provision. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Contractor's Services, to the fullest extent permitted by law, Contractor 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 Contractor 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 Contractor, its officers, agents, employees or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the 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 A without the written consent of Contractor. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor 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 Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contractor. F.2 Standard Indemnification Provisions. Contractor 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 Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Last revised April 2015 EXHIBIT F Page 1 of 2 232 Contractor agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this agreement or this section. a. Limitation on Indemnity. 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 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 Contractor 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 2 233 234 CONSENT CALENDAR ITEM NO. 20 City of La Quinta CITY COUNCIL MEETING: July 7, 2015 STAFF REPORT AGENDA TITLE: REJECT ALL BIDS AND AUTHORIZE READVERTISEMENT OF THE INTERIOR PHASE OF THE LIBRARY 10TH ANNIVERSARY IMPROVEMENTS PROJECT RECOMMENDATION Reject all bids and authorize staff to re -advertise the Interior Phase of the Library 10th Anniversary Improvements Project. EXECUTIVE SUMMARY • The La Quinta Library (Attachment 1) is nearly 10 years old and requires routine maintenance and refurbishment. Improvements will include new carpet, paint, upgraded restrooms, new or rehabilitated furnishings, and light -emitting diode (LED) lighting. • On July 2, 2015, the City received one sealed bid for the construction of this improvement from RDP/SDI, Inc., in the amount of $581,422. The bid received was $279,982 over the engineer's estimate. Staff is recommending the project be re - advertised to encourage competitive bids. FISCAL IMPACT The Library 10th Anniversary Improvements (Project Nos. 2014-13B and 2014-11) are included in the 2014/15 Capital Improvement Plan (CIP), with a total budget of $1,189,610 for the interior and exterior improvements; funding is derived from unassigned Library Funds. The budget for the Interior Phase is $477, 702 plus $72,465 for the Library LED Lighting Conversion Project (which will be funded from the Library Operations Budget). The total Interior/Exterior improvement budget is: 235 Project Total Interior Phase Exterior Phase Professional: $60,505 $24,297 $36,208 Design: $78,071 $31,350 $46,721 Inspection/Testing/Survey: $76,119 $30,566 $45,553 Construction: $780,712 $313,505 $467,207 City Administration: $39,036 $15,675 $23,361 235 Contingency: $155,167 $62,309 $92,858 Total Budget: $1,189,610 $477,702 $711,908 The total budget for the Library LED Lighting Conversion Project is: BUDGET LINE ITEM BUDGET Professional/Design: $8,500 Technical (Inspection/Test/Survey): $4,875 Construction: $50,000 Contingency: $6,590 City Administration: $2,500 TOTAL BUDGET: $72,465 BACKGROUND/ANALYSIS After 10 years of heavy use, the interior of the Library and the parking lot are both in need of refurbishment. The interior of the Library will be refreshed to include new carpet, paint, upgraded restrooms, and new or rehabilitated furnishings. The project also includes LED lighting conversion. On June 2, 2015, City Council approved the bid documents as well as authorized staff to solicit construction bids. On July 2, 2015, the City received one sealed bid. Staff is recommending the project be readvertised. The following is the anticipated project schedule: Award of Construction Execute Contract and Mobilize Construction (40 Working Days) Accept Improvements ALTER19,477` 7! August 4, 2015 August 5 through August 30, 2015 September 1 through October 23, 2015 November 2015 It is in the City's interest to encourage competitive bids, therefore no alternative is recommended. Report prepared by: Ed Wimmer, P.E., Principal Engineer Report approved by: Timothy R. Jonasson, P.E. Public Works Director/City Engineer Attachments: 1. Vicinity Map 236 5,1 ijk coluc„cl CALLE GUATAMAL4 =PM 1 1 1 1 0 CALLE ILOILO 0 Pas P co CD 0, F 238 THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK CONSENT CALENDAR ITEM NO. City of La Quinta CITY COUNCIL MEETING: July 7, 2015 STAFF REPORT AGENDA TITLE: AWARD CONTRACT TO AMERICAN ASPHALT SOUTH, INC. FOR FISCAL YEAR 2015/16 SLURRY SEAL PROGRAM RECOMMENDATION Award a contract to American Asphalt South, Inc., in the amount of $678,656 to construct the 2015/16 Slurry Seal Improvements, Project No. 2012-07C. EXECUTIVE SUMMARY • As part of the Pavement Management Program (PMP), the City routinely reconditions streets with an oil and sand mixture (i.e., slurry seal) in order to extend the pavement life. The 2015/16 program will recondition the streets in the City's northern communities. A location map is provided as Attachment 1. • American Asphalt South, Inc. of Fontana, California, submitted the lowest responsive bid in the amount of $678,656 and is recommended for this construction contract. FISCAL IMPAC`' The PMP is included in the 2015/16 Capital Improvement Plan and is programmed to receive $1,000,000 from the City's General Fund. There are sufficient funds to complete this project. BACKGROUND/ANALYSIS The Pavement Management Update Report, dated August 2012, presents an inventory of City roadways and identifies current condition, roadway preservation needs and a funding schedule. During 2015/16, the PMP recommends slurry and crack seal for streets in northern neighborhoods. On June 2, 2015, City Council approved bid documents and authorized staff to advertise for construction bids. The City received three sealed bids on July 2, 2015; a detailed bid comparison summary is provided as Attachment 2. American Asphalt South, Inc., submitted the lowest responsive bid in the amount of $678,656 and is therefore recommended for this project. If this contract is awarded on July 7, 2015, the construction schedule is as follows: Council Construction Award Execute Contract and Mobilize Construction (40 working days) Accept Improvements July 7, 2015 July 8 through July 29, 2015 August through September 2015 September 2015 241 ALTERNATIVES Since the PMP program is necessary to ensure maximum service life of City streets and this project is best constructed during the summer months when there is less disruption, no alternative is recommended. Report prepared by: Ed Wimmer, P.E., Principal Engineer Report approved by: Timothy R. Jonasson, P.E. Public Works Director/City Engineer Attachments: 1. Location Map 2. Bid Comparison Summary 242 Tucson Cir Ent Las St" ►ells den FY 2015/16 PAVEMENT MANAGEMENT PLAN PROPOSED SLURRY SEAL 0 Darby Rd Fred Waring Dr > Palm`Royale Country Club ___via Sevllf !y Via Dijon v 0'5i7 Via Tuscany R7.0 r Miles Ave Homewood Suites Hilton La Quinta FS' p Clarke C: Zenith Way pixy Dr S Fr 071 La Palma 0909 Sancta Dr Forbes Cir W Harland t3. 0 z N 6Jl z 2 ai Lowe Dr 0 U 'Mies Ave at, Trader Joe's 3 0 v 3 0 !$ uo:lknyseM pa j'Oe, Ln 11, co,fer Cir d One Eleven La Quinta Shopping Center Avenue 47 Bermuda Dimes Country Club 0 0 4Paths Ls► Falmouth Sr Waring Dr 0 Calk Patineto o y ©G 'd 16 X Lades Dr Nue'lo pt 0 Victoria Dr Ashley PI 0 rpm 1,.od Kingston Dr 4ay Esplanade N Q Castille Dr Viento Di 4g Ion Or �- Amelia Ferbam Eleh►entary School Desert Crest Dr Destit ^Stream Dr I 5�crra Vista La Ouinta Park 010 Wakmart Supercenter e Half Moon 554'51 t Fred Waring Dr `n Mikes Ave Bethpage Ave 4 Indian Spring▪ s ▪ Golf Club Carmel Valley Ave is ucu(ue3 Ole a nm t tot7 A Heritage Palms Goll Clut lloylak krafgh Royal Birkdale i Jasper Park Green Hilts Pebble Beach Dr Westward llo Dr The Home Depot e6 Jackalope Ranch rt 1 Paseo LEGEND PROPOSED SLURRY LOCATIONS = APPROXIMATELY 3,760,500 SF NOT TO SCALE 243 li 244 FISCAL YEAR 2015/2016 SLURRY SEAL PROGRAM PROJECT NO. 2012-07C BID OPENING: July 2, 2015 Engineers Estimate Item No. Description QTY Unit Unit Price Extended Price 1 Mobilization 1 LS $ 80,000.00 $ 80,000.00 2 Traffic Control 1 LS $ 50,000.00 $ 50,000.00 3 Type II, Latex Emulsion Aggregate Slurry 3,780,900 SF $ 0.18 $ 680,562.00 4 Pavement Striping and Markings, Including All Incidentals 1 LS $ 70,000.00 $ 70,000.00 TOTAL BID ITEMS 1-4: $ 880,562.00 GRAND TOTAL: $880,562.00 7/2/2015 American Asphalt South, Inc. Unit Price Extended Price $ 10,000.00 $ 10,000.00 $ 36,000.00 $ 36,000.00 $ 0.145 $ 548,230.50 $ 84,425.00 $ 84,425.00 $ 678,655.50 $678,655.50 Roy Allan Unit Price Extended Price $ 15,000.00 $ 15,000.00 $ 18,000.00 $ 18,000.00 $ 0.154 $ 582,258.60 $ 93,900.00 $ 93,900.00 $ 709,158.60 $709,158.60 All American Asphalt Unit Price Extended Price $ 55,000.00 $ 55,000.00 $ 49,809.00 $ 49,809.00 $ 0.19 $ 718,371.00 $ 89,900.00 $ 89,900.00 $ 913,080.00 $913,080.00 Page 1 of 1 245 246 CONSENT CALENDAR ITEM NO. City of La Quinta CITY COUNCIL MEETING: July 7, 2015 STAFF REPORT AGENDA TITLE: AWARD CONTRACT TO NEW CONSTRUCTION SOLUTIONS INC. FOR PHASE I OF THE AMERICANS WITH DISABILITIES ACT SPORTS COMPLEX AND YMCA FACILITY IMPROVEMENTS RECOMMENDATION Award a contract to New Construction Solutions Inc., in the amount of $49,250 for Phase I of the Americans with Disabilities Act Sports Complex and YMCA Facility Improvements, Project No. 2014-01. EXECUTIVE SUMMARY • In order to comply with the Americans with Disabilities Act (ADA), Phase I improvements are necessary at the Sports Complex and YMCA facility (Attachment 1). The proposed upgrades include accessibility signage, benches, drinking fountains, door pressure adjustments, and other miscellaneous device adjustments. • New Construction Solutions Inc. of La Quinta, California, submitted the lowest responsive bid in the amount of $49,250 and is therefore recommended for this construction contract. FISCAL IMPACT The project is included in the 2014/15 Capital Improvement Program and programmed to receive $410,736 from a mix of Equipment Replacement Funds and Quimby Funds. The project will be constructed in two phases. The Phase 1 construction budget is $67,000. The balance of the funding is assigned to the Phase 2 improvements. The following is the approved budget: BUDGET LINE ITEM BUDGET Professional/Design: $ 48,374 Technical (Inspection/Test/Survey): $ 17,984 Construction: $299,278 Contingency: $ 41,411 City Administration: $ 3,689 TOTAL BUDGET: $410,736 BACKGROUND/ANALYSIS In 2011, the City conducted an ADA accessibility self-evaluation and commissioned an accessibility survey, prepared by Disability Access Consultants. This survey identified the need for ADA improvements at the Sports Complex and YMCA facility. 247 The Phase I improvements include installing accessible benches, compliant drinking fountains, compliant signage, adjusting grab bars, dispensers, and other incidental items in order to comply with current ADA standards. On June 2, 2015, City Council approved bid documents and authorized staff to advertise for construction bids. One bid was received on July 2, 2015. New Construction Solutions Inc., a La Quinta based company, submitted the lowest responsive bid in the amount of $49,250 and is therefore recommended for this project. If this contract is awarded on July 7, 2015, the construction schedule is as follows: Award Contract Execute Contract and Mobilize Construction (45 Working Days) Accept Improvements ALTERNATIVES July 7, 2015 July 8 through July 29, 2015 August 3 through October 5, 2015 October 2015 Since compliance with the ADA is a federal requirement, no alternative is recommended. Report prepared by: Ed Wimmer, P.E., Principal Engineer Report approved by: Timothy R. Jonasson, P.E. Public Works Director/City Engineer Attachments: 1. Vicinity Map 2. Bid Comparison Summary 248 i WIL ei . o sa® deyy 2lfioo9 s6aZ®A.sfiBw� tie W[TlijxjsAJJ_P]{ k:61241110 y r;_61.0 2lgjjFt0' I s+) El Marl ::el I Ai ima at 3r' u _ I li 250 SPORTS COMPLEX AND YMCA ADA IMPROVEMENTS - PHASE 1 PROJECT NO. 2014-01 BID OPENING: July 2, 2015 Engineers Estimate Item No. Description QTY Unit Unit Price Extended Price 1 Mobilization 1 LS $ 6,000.00 $ 6,000.00 2 YMCA ADA Improvements 1 LS $ 21,340.00 $ 21,340.00 3 Sports Complex ADA Improvements 1 LS $ 39,600.00 $ 39,600.00 TOTAL BID ITEMS 1-3: $ 66,940.00 GRAND TOTAL: $66,940.00 New Construction Solutions Inc Unit Price Extended Price $ 10,000.00 $ 10,000.00 $ 21,200.00 $ 21,200.00 $ 18,050.00 $ 18,050.00 $ 49,250.00 $49,250.00 7/2/2015 Page 1 of 1 251 252 CONSENT CALENDAR ITEM NO. City of La Quinta CITY COUNCIL MEETING: July 7, 2015 STAFF REPORT AGENDA TITLE. AWARD CONTRACT TO RG GENERAL ENGINEERING FOR PHASE II OF THE AMERICANS WITH DISABILITIES ACT SPORTS COMPLEX AND YMCA FACILITY IMPROVEMENTS RECOMMENDATION Award a contract to RG General Engineering, in the amount of $115,195, for Phase II of the Americans with Disabilities Act Sports Complex and YMCA Facility Improvements. EXECUTIVE SUMMARY • Improvements are necessary at the Sports Complex and YMCA (Attachment 1) in order to comply with the Americans with Disabilities Act (ADA). The proposed improvements include re -grading parking spaces and sidewalks, placing additional handrails, adding accessible parking spaces, and constructing compliant curb ramps. • Council authorized staff to advertise the Phase II exterior improvements project for bid and one bid was received. • RG General Engineering of Yucaipa, California, submitted the lowest responsive bid and is therefore recommended for award of the contract. FISCAL IMPAC1 The project is included in the 2014/15 Capital Improvement Program and is programmed to receive $410,736 from a mix of Equipment Replacement Funds and Quimby Funds. The project will be constructed in two phases. The Phase 2 construction budget is $155,000. Phase 1 award recommendation was $49,250. The following represents the approved budget: BUDGET LINE ITEM BUDGET Professional/Design: $ 48,374 Technical (Inspection/Test/Survey): $ 17,984 Construction: $299,278 Contingency: $ 41,411 City Administration: $ 3,689 TOTAL BUDGET: $410,736 BACKGROUND/ANALYSIS In 2011, the City conducted an ADA accessibility self-evaluation of its public facilities and commissioned an accessibility survey prepared by Disability Access Consultants. This 253 survey identified the need for certain ADA improvements at the Sports Complex and YMCA. The Phase II exterior improvements (Project No. 2014-01B) includes reconfiguration of existing ADA parking stalls, curb ramps, and sidewalks, which entail installing ADA compliant signing and striping, installing wheel stops in ADA parking stalls, modifying non -ADA compliant cross slopes, and installing truncated domes. On June 2, 2015, the City Council approved the bid documents and authorized staff to advertise for bids. A bid was received on July 2, 2015. RG General Engineering, a Yucaipa based company, submitted the lowest responsive bid in the amount of $115,195. The anticipated project schedule is: Award Contract Execute Contract and Mobilize Construction (45 Working Days) Accept Improvements ALTERNATIVES July 7, 2015 July 8 through July 29, 2015 August 3 through October 5, 2015 October 2015 Since this project is necessary to comply with the ADA, no alternative is recommended. Report prepared by: Ed Wimmer, P.E., Principal Engineer Report approved by: Timothy R. Jonasson, P.E. Public Works Director/City Engineer Attachments: 1. Vicinity map 2. Bid Comparison Summary 254 i WIL ei . o sa® deyy 2lfioo9 s6aZ®A.sfiBw� tie W[TlijxjsAJJ_P]{ k:61241110 y r;_61.0 2lgjjFt0' I s+) El Marl ::el I Ai ima at 3r' u _ I li 256 SPORTS COMPLEX AND YMCA ADA IMPROVEMENTS - PHASE 2 PROJECT NO. 2014-01B BID OPENING: July 2, 2015 Engineers Estimate Item No. Description QTY Unit Unit Price Extended Price 1 Mobilization 1 LS $ 13,000.00 $ 13,000.00 2 Traffic Control 1 LS $ 5,000.00 $ 5,000.00 3 Dust Control 1 LS $ 5,000.00 $ 5,000.00 4 Earthwork and Minor Grading 1 LS $ 5,000.00 $ 5,000.00 5 Remove Concrete Walk and Curb Ramps 4,355 SF $ 2.50 $ 10,887.50 6 Remove Concrete Curb 48 LF $ 5.00 $ 240.00 7 Sawcut and Remove Asphalt Concrete and Base Pavement Section 1,865 SF $ 2.00 $ 3,730.00 8 Remove and Reset Fence 8 LF $ 100.00 $ 800.00 9 2" Grind And Overlay 157 SF $ 7.00 $ 1,099.00 10 Construct 3" AC Over 4.5" CAB, CLQ Std 195 1,865 SF $ 5.00 $ 9,325.00 11 Construct 6" Curb, CLQ Std 210 15 LF $ 35.00 $ 525.00 12 Construct Retaining Curb 81 LF $ 30.00 $ 2,430.00 13 Construct Sidewalk, CLQ Std 240 Mod 5,317 SF $ 5.00 $ 26,585.00 14 Construct Curb Ramp, Std 250 Mod, 'W' greater than or equal to 28' 1 EA $ 3,500.00 $ 3,500.00 15 Construct Curb Ramp, Std 250 Mod, 'W' less than 28' 5 EA $ 2,500.00 $ 12,500.00 16 Concrete Wheel Stop 3 EA $ 100.00 $ 300.00 17 Modify Landscape and Irrigation 2,150 SF $ 7.00 $ 15,050.00 18 Furnish and Install 3/8" Desert Gold Decomposed Granite 395 SF $ 4.00 $ 1,580.00 19 Signing & Striping 1 LS $ 15,000.00 $ 15,000.00 20 Construct Handrail 155 LF $ 150.00 $ 23,250.00 21 Adjust Sewer Cleanout to Grade 1 EA $ 450.00 $ 450.00 TOTAL BID ITEMS 1-21: $ 155,251.50 GRAND TOTAL: $155,251.50 7/2/2015 RG General Engineering Unit Price Extended Price $ 10,000.00 $ 10,000.00 $ 4,000.00 $ 4,000.00 $ 2,500.00 $ 2,500.00 $ 3,000.00 $ 3,000.00 $ 1.75 $ 7,621.25 $ 10.00 $ 480.00 $ 2.25 $ 4,196.25 $ 65.00 $ 520.00 $ 6.00 $ 942.00 $ 6.75 $ 12,588.75 $ 40.00 $ 600.00 $ 25.00 $ 2,025.00 $ 5.10 $ 27,116.70 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 15,000.00 $ 75.00 $ 225.00 $ 3.00 $ 6,450.00 $ 4.00 $ 1,580.00 $ 2,000.00 $ 2,000.00 $ 70.00 $ 10,850.00 $ 500.00 $ 500.00 $ 115,194.95 $115,194.95 Page 1 of 1 257 258 BUSINESS ITEM NO. City of La Quinta CITY COUNCIL MEETING: July 7, 2015 STAFF REPORT AGENDA TITLE: APPROVE MEMORANDUM OF UNDERSTANDING WITH COUNTY OF RIVERSIDE FOR LIBRARY AND MUSEUM MANAGEMENT RECOMMENDATION Approve the Memorandum of Understanding with the County of Riverside for Library and Museum management. EXECUTIVE SUMMARY • The County of Riverside (County) contracts with Library Systems & Services Inc. (LSSI) to manage 35 libraries, 2 bookmobiles, and several museums. • The City has a Memorandum of Understanding (MOU) with the County to manage the La Quinta Library and the Museum. The current agreement was in effect from July 1, 2010 through June 30, 2015 with a renewal option if both parties agree. • The attached MOU (Attachment No. 1) extends the current agreement to June 30, 2020, adds a bookmobile one morning per week in north La Quinta, and increases the Museum operation costs for exhibits and programs. FISCAL IMPACT There is no increase in Library operations costs; however, the County has requested an increase of $20,000 to enhance the quality of the exhibits and programs at the Museum, which has been included in the MOU. BACKGROUND/ANALYSIS The County collects $2.2 million annually in library tax credits for the Library and Museum and can either contract for services for both facilities or transfer the tax credits directly to the City. Since 2004, the City has contracted with the County to manage the La Quinta Library, and in 2009, the City extended the MOU to June 30, 2015 and added Museum management. The MOU provides for the County to contract these services with LSSI. These services, totaling $1,195,000, include: • Library management of $700,000; • Books and materials purchases of $100,000; • Museum management of $195,000; and • County Technical and administration services of $200,000 a year. The remaining funds go into a Library Fund account held by the City. As a result of the positive feedback from the community regarding the Library and 259 Museum as wells as LSSI's extensive experience, an updated MOU was prepared. Staff recommends that the City Council authorize the City Manager to execute the MOU ALTERNATIVES Due to the specialized expertise required for the Library and Museum operations and the cost effective and superior service the City receives, staff does not recommend an alternative. Report prepared by: Edie Hylton, Deputy City Manager Report approved for submission by: Frank J. Spevacek, City Manager Attachment: 1. Memorandum of Understanding 260 ATTACHMENT 1 MEMORANDUM OF UNDERSTANDING (MOU) TERMS AND CONDITIONS TO PROVIDE MANAGEMENT OF THE LA QUINTA BRANCH LIBRARY AND THE LA QUINTA MUSEUM This Memorandum of Understanding ("MOU") is made and entered into by and between the COUNTY OF RIVERSIDE ("COUNTY") and the CITY OF LA QUINTA ("City"). WHEREAS, the COUNTY has entered into an agreement with Library Systems & Services, LLC ("LSSI") for contracted services for the Riverside County Library System ("RCLS") for the provision of library services; and WHEREAS, the City and COUNTY desire to enhance the delivery of library and museum services within the City, and have reached an agreement that they wish to set forth in writing in the form of this MOU. The City and COUNTY therefore agree as follows: SECTION 1: TERM This MOU shall take effect on July 1, 2015 and shall remain in effect through and including June 30, 2020 (the "Term"). The City or COUNTY may request an extension of this MOU with modified terms. If either the City or COUNTY desires to extend the Term of this MOU on modified terms, the City and County shall negotiate in good faith to extend this MOU. Unless otherwise agreed to by the City and COUNTY, any extension to this MOU would use the then existing service levels, building size, etc. as the floor of acceptable standards for the future library and museum service. The City fully reserves its rights to withdraw from the County Library System and/or management contract of museum pursuant to existing laws and regulations, effective with the expiration of this MOU or subsequent extensions. SECTION 2: HOURS OF OPERATION — LA QUINTA BRANCH LIBRARY During the Term of this MOU, the La Quinta Branch Library, located at 78-275 Calle Tampico ("La Quinta Library" or "La Quinta Branch Library"), shall be open: a minimum of 7 Page 1 of 12 261 days per week including 4 evenings and Sunday; and be open a minimum of 52 hours per week. In addition, at the request of the City, the COUNTY shall provide a bookmobile stop one day a week in Northern La Quinta. The day, time and site will be approved and agreed by both the City and the COUNTY. The amount of reimbursement for the bookmobile stop shall be $12,000 per year to be included in the contract amount. 2.1 HOURS OF OPERATION — LA QUINTA MUSEUM Using contract staff provided by LSSI, the COUNTY will provide 40 hours per week of management services to the City for the purpose of operating the La Quinta Museum. SECTION 3: LIBRARY COLLECTION The City has elected to purchase additional collections and materials for use at La Quinta Library. Upon prior written approval and authorization by the City, City agrees to reimburse the COUNTY for COUNTY' s actual costs of purchasing additional new library materials for La Quinta Library from the City's Library Fund, in a total amount not to exceed $100,000 per year. Library materials purchased with City Library monies shall be and remain the property of City. In the event that the City withdraws from the RCLS, these library materials purchased with City Library Funds shall remain the property of the City. The City shall participate in the acquisition determinations of collection materials through LSSI. Collection materials purchased for the La Quinta Branch Library shall be the property of the City and be housed at the La Quinta Branch Library. Such collection materials shall not be permanently transferred or moved from the La Quinta Library without the expressed written consent of the City. SECTION 4: LIBRARY FUNDING AND SERVICE COUNTY, through LSSI, shall work cooperatively with the City to identify funding/grant opportunities for various programs and services connected with the library facility. COUNTY shall have a minimum of one Librarian holding a Masters in Library Sciences serving full-time at the La Quinta Branch Library. COUNTY and City will work together on Page 2 of 12 262 appropriate: A) staffing levels, B) hours of operation, and C) levels of service; all commensurate with the needs of the 20,000 square-foot Library. Final determination on A, B, and C shall be at the sole discretion of the City based upon input of COUNTY and LSSI. During each fiscal year, COUNTY shall expend one hundred percent (100%) of City Library revenues on library services at the La Quinta Library until the end of that fiscal year, when any remaining City Library revenues shall be allocated to the City Library Fund (defined below) pursuant to this MOU. Notwithstanding any provisions in the MOU to the contrary, City's obligation to provide Library revenues from any funding source whatsoever shall be subject to City's annual budget and appropriation process for each fiscal year, and, for each fiscal year during the Term, shall not exceed the following amounts for the following services (the "City Library revenues"): (1) For Library Management, City's obligation shall not to exceed the lesser of either (a) $900,000, of which no more than $200,000 is to be used or attributed to COUNTY overhead costs, or (b) the income and revenues available to the City for Library Management services at the La Quinta Library in the fiscal year; and (2) For Library Materials, City's obligation not to exceed the lesser of either (a) $100,000, or (b) the income and revenues available to the City for Library Materials at the La Quinta Library in the fiscal year. For purposes of this MOU, "Library Management" means staffing, use of utilities, customer service and check out, reference and research services, collection and circulation services, and year round library programs appropriate for all ages, "Library Materials" means books, e-books, audio books, DVDs and all other types of publications (magazines, newspapers) in whatever media that may be used in the La Quinta Library as determined by City and consistent with the provisions in Section 3 of this MOU. In explanation of the foregoing Library revenues, estimated expenditures including staffing, utilities, collections and materials for Fiscal Page 3 of 12 263 Year 2015/2106 are $900,000, and estimated COUNTY operating expenditures for Fiscal Year 2015/2016 are $200,000, and, in no event shall City incur any liability under this MOU exceeding income and revenues provided for any fiscal year during the Term of this MOU. COUNTY shall allocate applicable COUNTY operating expenses for the La Quinta Library. At the end of each fiscal year during the Term of the MOU, once all City library revenues are paid or deducted for COUNTY -incurred expenses pursuant to this MOU, one hundred percent (100%) of the remaining balance of the Library revenues from that fiscal year shall be transferred to the City Library Fund, maintained and administered by City (the "City Library Fund"). COUNTY shall present said expenses to the City for review prior to transferring funds to the City Library Fund. The first transfer to the City Library Fund shall be made by February 15 of each fiscal year. A second transfer will be made by August 15 of the fiscal year immediately subsequent to the prior fiscal year. A final reconciliation and payment shall be completed by September 30 of the fiscal year immediately subsequent to the prior fiscal year to allow for any year-end fiscal closing procedures of either City or COUNTY related to the prior fiscal year. Late transfers or payments by COUNTY to the City Library Fund shall result in the City charging COUNTY interest, at the City pooled rate during the time of delinquency, based on the amount of the payment and the number of days the payment is late. Once deposited, the funds in the City Library Fund shall be the sole property, and shall be under the exclusive control of the City. The City shall have the right, at its sole discretion, to withdraw and use the moneys in the City Library Fund on any and all library -related expenditures including, but not limited to: (1) reimbursement for any City -paid cost and expense for the La Quinta Branch Library, including but not limited to perimeter landscape installation, maintenance or replacement, lighting, custodial services, utilities, maintenance, replacement, and repair expenses relating to the La Quinta Branch Library, including replacement funds; (2) artwork or other enhancement Page 4 of 12 264 expenditure in or around the La Quinta Branch Library; and (3) any and all other library -related expenses as deemed appropriate by the City. In the event that State Library revenues decrease significantly, City and COUNTY reserve the right to revisit and/or renegotiate this MOU. SECTION 5: MUSEUM SCOPE OF WORK 5.1 Using contract staff provided by LSSI, the COUNTY shall provide 40 hours per week of management services to City for the purpose of operating the La Quinta Museum located at 77-885 Avenida Montezuma ("La Quinta Museum"). COUNTY shall provide a Museum Manager who shall have a BS in Museum Management or closely related field (such as History, Humanities) (the "Museum Manager"), who shall have expertise in the following areas: a) Local history b) Cultural programming c) Facilities management d) Personnel management e) Budgeting f) Community Relations g) Outreach and volunteers coordination h) Customer Services i) Working with numerous outside organizations 5.2 During the period of management the Museum Manager shall perform the following tasks: a) Onsite management of the daily operations of the Museum 40 hours per week b) Hire and manage the Museum staff c) Direct special projects, including the installation of special exhibits Page 5of12 265 d) Stewardship of the assets of the Museum and museum collections e) Represent the Museum to the public, press, local government, local history groups, and other organizations and individuals f) Manage the work of museum volunteers g) Publicize and promote museum activities, programs and exhibits h) Advise the City on matters pertaining to the operation of the Museum i) Other tasks associated with the operation of the Museum as required by the City 5.3 The Museum Manager provided by LSSI shall report to the City's Deputy City Manager or an appointee of the City Manager. The Museum Manager shall meet and coordinate with the City's Deputy City Manager or an appointee of the City Manager on an as needed basis. While the day-to-day operations of the Museum shall be carried out by the Museum Manager, the overall management of the Museum shall be under the direction of the Deputy City Manager or an appointee of the City Manager. SECTION 6: MUSEUM EXPENSES 6.1 The parties acknowledge and agree that monies from the City Library Fund shall be used for all Museum operating expenses, including the payment of the fee outlined in Section 7, below. 6.2 The Museum Manager shall work with the City's Deputy City Manager or City Manager appointee to prepare an annual operating budget and maintain expenses within the budget. 6.3 Any sales from the Museum store and admissions will be deposited into the La Quinta Museum revenue accounts maintained and administered by City (the "Museum revenue accounts") and shall be the sole property of the City. All expenses for inventory of the store Page 6 of 12 266 shall be included within the approved operating budget. All pricing for museum store items will be approved by the City's Deputy City Manager or an appointee of the City Manager. SECTION 7: MUSEUM FEE SCHEDULE Notwithstanding any provisions in the MOU to the contrary, City's obligation to provide museum management revenues from any funding source whatsoever shall be subject to City's annual budget and appropriation process for each fiscal year and, for each fiscal year during the Term, shall not exceed the lesser of either (a) $195,000, or (b) the income and revenues available to the City for Museum management services at the La Quinta Museum in the fiscal year ("City Museum Management revenues"). In explanation of the foregoing, the total cost of Museum Management will be approximately $195,000 for FY 2015/2016 and $195,000 for the remaining fiscal years, and, in no event shall City incur any liability under this MOU exceeding income and revenues provided for any fiscal year during the Term of this MOU. City Museum Management revenues shall be used by COUNTY for employment of the Museum Manager and by City for costs of administration of the La Quinta Museum incurred by City, including for timed allocated to such administration by the Deputy City Manager or an appointee of the City Manager. COUNTY shall deliver invoices or bills to City for Museum Management services authorized under this MOU; provided, however, that City's obligation to pay COUNTY for any bill or invoice is subject to the maximum amount of City Museum Management revenues authorized for a fiscal year pursuant to this MOU. This cost assumes all contract staff and operational expenses for the Museum. City shall be responsible for landscape maintenance, custodial services, replacement or maintenance of lighting, utilities, and repair or replacement relating to the Museum. SECTION 8: REPORTS/MEETINGS COUNTY shall provide City staff quarterly reports appropriate for City Council review. The reports shall be comprehensive and include a status on important Library and Museum Page 7of12 267 matters such as MOU payment schedule, all related expenditures, collections, programs, service levels, and other matters of interest. Quarterly reports shall be due on or about the following dates: September 15, December 15, March 15, and June 15 of each fiscal year of this MOU. In addition, the County Librarian or his/her designee shall attend quarterly meetings at a mutually agreed upon time with City Hall to review submitted reports before City staff forwards such reports to City Council. SECTION 9: CITY WITHDRAWAL FROM COUNTY LIBRARY SYSTEM; STATUS OF LIBRARY COLLECTION, FURNISHINGS, FURNITURE, ETC. 9.1 All items purchased with City revenues (including City Library revenues and City Museum Management revenues) shall be the sole property of the City. In addition, if the City decides at a future date to withdraw from the RCLS, City shall be granted the ownership of the then existing collection, equipment, furniture, or furnishings or for any collection materials, equipment, furniture or furnishing purchased prior to or during the term of this MOU for use at the La Quinta Branch Library. City and COUNTY have agreed that in recognition of the City of La Quinta's contributions to the RCLS, over the past years, City will be given full credit for the value of the library collection and equipment and will be granted ownership of the then existing collection and equipment without additional payment. 9.2 To ensure seamless access to the City's Library collection by RCLS patrons, if the City withdraws from the RCLS at the expiration of this MOU, City will strongly consider options to link its automated collection management system with COUNTY'S either (i) by contracting with COUNTY for operation of the City's system, or (ii) by the City paying all costs to establish a fully interactive link between the City's automated system and COUNTY'S system. Page 8 of 12 268 9.3 If the City withdraws from the RCLS at the expiration of this MOU, the City will endeavor to become a member of the Inland Library System preserving their citizens' access to holdings in other public libraries in the Inland area (and vice versa). SECTION 10: DEFAULT OF COUNTY 10.1 COUNTY'S failure to comply with the provisions of this MOU shall constitute a default. In the event that COUNTY is in default under the terms of the MOU, City shall have no obligation or duty to continue compensating COUNTY for any work performed after the date of default and can terminate this MOU immediately by written notice to COUNTY. If such failure by COUNTY to make progress in the performance of work hereunder arises out of causes beyond COUNTY'S control, and without fault or negligence of COUNTY, it shall not be considered a default. 10.2 If the City Manager or designee determines that COUNTY is in default in the performance of any of the terms of conditions of this MOU, City shall serve COUNTY with written notice of the default. COUNTY shall have (10) business days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that COUNTY fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this MOU, to terminate this MOU without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this MOU. SECTION 11: INDEMNIFICATION AND HOLD HARMLESS 11.1 Indemnification by City. City shall indemnify and hold COUNTY, LSSI, their officers, agents, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of City, it officers, agents, employees, volunteers subcontractors, or independent contractors, for property damage, bodily injury or death, or any other element of damage of any kind or nature arising out of the Page 9 of 12 269 performance of this MOU to the extent that such liability is imposed on COUNTY by the provisions of California Government Code Section 895.2 or other applicable law, and City shall defend at its expense, including attorney fees, COUNTY, LSSI, their officers, agents, and employees and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions. 11.2 Indemnification by COUNTY. COUNTY shall indemnify and hold City, its officers, agents, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of COUNTY, LSSI, their officers, agents, employees, volunteers, subcontractors, or independent contractors, for property damage, bodily injury or death, or any other element of damage of any kind or nature arising out of the performance of this MOU to the extent that such liability is imposed on City by the provisions of California Government Code Section 895.2 or other applicable law, and COUNTY shall defend at its expense, including attorney fees, City, its officers, agents, employees and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions. SECTION 12: INSURANCE Both COUNTY and City maintain programs of self-insurance. In the event either party shall cease such program, then that party shall be required to procure insurance which would be typical for its obligations under this MOU. SECTION 13: NOTICES Any notices which either party may desire to give to the other party under this MOU must be in writing and may be given either by (i) personal service (ii) delivery by reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing the date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below Page 10 of 12 270 or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Attn: Deputy City Manager To County: County of Riverside 3403 10th Street, Suite 400 Riverside, CA 92501 Attn: County Library Administrator SECTION 14: COMPLETE AGREEMENT Notwithstanding the foregoing, it is intended that this MOU sets forth the full and entire understanding of the parties regarding the matters set forth herein. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved and implemented by the La Quinta City Council and the County Board of Supervisors. The waiver of any breach, term or condition of this MOU by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. The MOU is hereby executed and/or ratified by and between the following authorized representatives of the City and County. Page 11 of 12 271 /// /// this IN WITNESS WHEREOF, County and City have caused this MOU to be duly executed day of ,2015. COUNTY OF RIVERSIDE: CITY OF LA QUINTA: By: By: Marion Ashley, Chairman Frank J. Spevacek, City Manager Board of Supervisors ATTEST: ATTEST: Kecia Harper-Ihem Susan Maysels Clerk of the Board City Clerk By: By: Deputy Clerk APPROVED AS TO FORM: Gregory P. Priamos County Counsel By: Deputy County Counsel Page 12 of 12 272 BUSINESS ITEM NO. City of La Quinta CITY COUNCIL MEETING: July 7, 2015 STAFF REPORT AGENDA TITLE: APPOINT PRIMARY AND ALTERNATE DELEGATE FOR NEWLY CREATED EAST VALLEY COALITION RECOMMENDATION Appoint a primary and an alternate delegate for the newly created East Valley Coalition. EXECUTIVE SUMMARY • The East Valley Coalition ("EVC") is a newly formed regional economic development partnership. Voting rights are exclusive to participating communities' delegates, comprised of elected officials. • On June 11, 2015, the EVC designated La Quinta's delegate as Vice Chair, carrying a one-year term. Council Member Osborne was present and accepted the nomination on behalf of the City. • Council may choose to appoint Council Member Osborne as the primary appointee and choose an alternate. • The next EVC meeting will be on July 16, 2015 at the Coachella Valley Economic Partnership offices in Indio. FISCAL IMPACT None. BACKGROUND/ANALYSIS Since February 2014, the County of Riverside and Cities of Indio, Coachella and La Quinta have met to collaborate on an east valley regional economic development partnership. The role of this group is to collaboratively conduct regional economic development activities that will promote business development through attraction, expansion and retention in the eastern Coachella Valley. Since that time, a Memorandum of Understanding was developed and approved by all communities except the City of Coachella. The two-year Memorandum of Understanding was approved by La Quinta's City Council on June 2, 2015. On June 11, 2015, the EVC met to discuss meeting and operational procedures. During the meeting, Council Member Lee Osborne accepted the nomination for La Quinta as Vice Chair, which is a one-year term. Additionally, it was established that there would be one voting member from each community. Voting members represent elected representatives from each entity. 273 The EVC will meet quarterly on the third Thursday at 8:00 a.m. with a rotating meeting location. The next meeting will be on July 16, 2015 at the Coachella Valley Economic Partnership offices in Indio. ALTERNATIVES As EVC voting members are comprised of elected officials, staff does not have an alternative. Report prepared by: Ted Shove, Business Analyst Report approved by: Frank J. Spevacek, City Manager 274 BUSINESS SESSION ITEM NO. City of La Quinta CITY COUNCIL MEETING: July 07, 2015 STAFF REPORT AGENDA TITLE: INTRODUCE ORDINANCE AMENDING SEVERAL CHAPTERS OF TITLE 10 OF THE MUNICIPAL CODE RELATING TO ANIMALS RECOMMEDATION 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 10 relating to animals. EXECUTIVE SUMMARY • A 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 since seen minimal change. • The proposed ordinance is a result of a thorough review of Title 10 and incorporates language that will enable the City to provide an even more comprehensive animal control program. • Updates to Title 10 are necessary to enhance public safety, increase the probability of pet owners reclaiming their pets, and to empower Animal Control staff with the tools and ordinances needed to effectively fulfill their obligations to service the community. FISCAL IMPACT None. BACKGROUND/ANALYSIS Six of the seven chapters of Title 10 of the code are addressed in this report. No updates were required to chapter 10.12 animal control officers. The following summarizes the significant changes to each chapter amended: CHAPTER 10.04 DEFINITIONS The amendments within this Chapter are a result of language changes occurring in other Chapters of Title 10, as represented below. 275 CHAPTER 10.08 DOG LICENSES The amendments in this Chapter update the license application requirements to reflect the language change represented in Chapter 10.24 addressing mandatory microchipping of all dogs. CHAPTER 10.16 BITING Historically, bites to any person were considered unlawful. However, animal -to -animal bites have not been addressed. Several animal -to -animal bite incidents have occurred in recent years resulting in substantial injury or even death. This chapter has been amended to reflect bites to any animal to be considered unlawful. CHAPTER 10.20 IMPOUNDMENT This chapter has been updated to reflect the contractual relationship with the Riverside County Animal Shelter and amended to include insurance requirements for dangerous and/or vicious animals to ensure adequate coverage exists should a future bite incident occur. CHAPTER 10.24 ANIMAL KEEPING This chapter has been amended to include a new subsection requiring mandatory microchipping of dogs. This effort is relatively nominal in expense (County Animal Shelter charges $20) yet substantially increases the probability of a dog owner reclaiming his/her impounded dog. Microchipping would be required prior to obtaining a dog license. CHAPTER 10.28 OFFENSES This chapter has been updated to reflect the contractual relationship with the Riverside County Animal Shelter. 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: Les Johnson, Community Development Director Report approved by: Frank J. Spevacek, City Manager Attachment: 1. Tracked Changes 276 Ordinance No. Amendment to Title 10 Animals Adopted: July 7, 201 5 Page 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SEVERAL CHAPTERS OF TITLE 10 OF THE LA QUINTA MUNICIPAL CODE WHEREAS, Title 10 of the Municipal Code contains the chapters that address animals; WHEREAS, a comprehensive review of Title 10 was undertaken to examine each chapter for accuracy, relevance, streamlining, and language. WHEREAS, amendments to several chapters of Title 10 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 10.04 DEFINITIONS shall be amended as written in Exhibit A attached hereto. SECTION 2. CHAPTER 10.08 DOG LICENSES shall be amended as written in Exhibit A attached hereto. SECTION 3. CHAPTER 10.16 BITING shall be amended as written in Exhibit A attached hereto. SECTION 4. CHAPTER 10.20 IMPOUNDMENT shall be amended as written in Exhibit A attached hereto. SECTION 5. CHAPTER 10.24 ANIMAL KEEPING shall be amended as written in Exhibit A attached hereto. SECTION 6. CHAPTER 10.28 OFFENSES shall be amended as written in Exhibit A attached hereto. SECTION 7. 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. 277 Ordinance No. Amendment to Title 10 Animals Adopted: July 7, 2015 Page 2 SECTION 8. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty days after its adoption. SECTION 9. 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 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) APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 278 Ordinance No. Amendment to Title 10 Animals Adopted: July 7, 2015 Page 3 CHAPTER 10.04 DEFINITIONS EXHIBITA 10.04.070 Vicious or dangerous animal. A. The term "vicious animal" or "dangerous animal" means an animal which: 1. Has attacked or behaved in such a manner that the owner thereof knows or should reasonably know that the animal has tendencies to attack or bite human beings or another animal; or 2. Has twice within a thirty-six month period bitten, attacked, or shown the disposition, tendency, or propensity to attack, bite, or otherwise cause injury or attempt to cause injury to a person or another animal, engaged in lawful activity; or 3. Has once attacked or bitten a person engaged in lawful activity, causing death or substantial injury; or 4. Has been determined by a doctor of veterinary medicine, after observation thereof, as posing a danger to humans or domestic animals if not enclosed or muzzled; or 5. Has attacked or behaved in such a manner that the owner thereof knows or should reasonably know that the animal has tendencies to attack domestic animals without provocation; or 6. Has been trained for fighting or as an attack animal, except such animals which are employed by a government agency, including the police department of the city or county; or 7. Has been classified as dangerous, potentially dangerous or vicious by any other local, county, or state animal control agency; or 8. When unprovoked, has on two separate occasions within the prior thirty-six month period engaged in any behavior that required a defensive action by any person to prevent bodily injury to himself or herself or another person during which the person having been attacked and the attacking animal was off the property of the owner or keeper of the animal; or 9. Has been outfitted with a training device for fighting or attack, such as a weighted collar around the neck of the animal, or found to be allowed to hang suspended from an object by biting into and holding onto the object with its jaws, shall be presumed to be an animal trained as a fighting or attack animal; or 10. Of a species, breed, or kind (excluding dogs and cats), which in its wild or untamed condition is capable of and, if aroused, is likely to cause death or serious injury to a human being or which would cause serious fear or alarm to the average person if seen wandering at large in an inhabited community; or 11. That meets the definition of "vicious animal" or "dangerous animal" contained in California Food and Agriculture Code section 31626. 10.04.110 At large. "At large" means an animal off the property of its owner without consent of the owner of the property where the animal is found, or in or upon any unenclosed private place, or premises, and not under restraint by leash or chain. (Ord. 415 § 1, 2005) 279 Ordinance No. Amendment to Title 10 Animals Adopted: July 7, 201 5 Page 4 CHAPTER 10.08 DOG LICENSES 10.08.020 Exemptions. A dog license tag is not required for any dog found within the city under any of the following conditions: A. When the dog is owned by, or in the care of, any person who is a nonresident or who is traveling through the city, or who is temporarily sojourning therein, provided the dog is kept within the city for less than thirty consecutive days and less than a total of sixty days in any given year; or B. When the dog has a valid license from either the county of Riverside or another city within the county. This exemption shall be available for a maximum period not exceeding one month for any given dog. (Ord. 415 § 1, 2005) 10.08.040 Fees. A. The fee for a dog license shall equal an amount fixed from time to time by resolution of the city council; provided, that in the absence of any such established amount, the licensing authority may collect and deposit in the appropriate accounts provided for such purpose a fee in the same amount as is applicable for similar dog licensing in unincorporated areas of the county. B. No fee shall be required for a license for any guide dog, signal dog or service dog if such dog is in the possession and under the control of, in the case of a guide dog, a blind person, or, in the case of a signal dog, a deaf or hearing-impaired person, or, in the case of a service dog, a physically disabled person. (Ord. 415 § 1, 2005) A certification that the dog serves as an official guide, signal, or service dog must be provided. 10.08.050 Application. The owner shall state at the time application for licensing is made, and upon standard printed forms of applications provided for such purpose, the following information and documentation for each dog: A. Name and address of owner; B. Address where dog is kept; C. Name, breed, age, sex, whether dog is spayed or neutered, and the color of the dog; D. Proof of Microchip by written statement of a California Licensed Veterinarian and microchip number. 280 Ordinance No. Amendment to Title 10 Animals Adopted: July 7, 2015 Page 5 CHAPTER 10.16 BITING 10.16.090 Animal bite unlawful. A. Biting Animal Defined. For purposes of this section, an animal bite shall be considered to have occurred when any animal bites any person, or another animal in the city; provided, however, that the bite will not be subject to this section if: (1) the person or animal bitten was provoking the animal at the time of the bite; (2) the person or animal bitten was engaged in an unlawful activity at the time of the bite; (3) the animal was within a fenced or otherwise enclosed area at the time of the bite; (4) the animal was on a leash meeting the requirements of Section 10.28.010 at the time of the bite; or (5) the person bitten is performing services at a veterinary facility at the time of the bite. For the purposes of this section, the records of animal bites kept by the city shall be deemed official records and shall establish a rebuttal presumption of the number of bites recorded against a particular animal. B. First Offense. If an animal is reported to and determined by the city to have bitten any person, or another animal causing substantial injury, the owner or guardian of said animal shall be guilty of an infraction punishable by a fine as provided in Section 1.09.020 of this code. Upon investigating and verifying a complaint of an animal bite, an animal control officer shall issue a citation to the owner or guardian of said animal. This citation shall be in addition to any action the animal control officer may deem appropriate pursuant to Section 10.20.090 of this title. C. Subsequent Offense. If an animal is reported to and determined by the city to have bitten any person, or another animal after a first offense citation has been issued, or the animal has previously been adjudged to be dangerous or vicious as provided in Section 10.20.090 of this title and bites any person, or another animal subsequent to that adjudication, the owner or guardian of said animal shall be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. Upon investigating and verifying a complaint of a second animal bite or any animal bite by a dangerous or vicious animal, an animal control officer shall issue a citation to the owner or guardian of said animal. This citation shall be in addition to any action the animal control officer may deem appropriate pursuant to Section 10.20.090 of this title. D. The owner of any animal which has bitten, attacked, or shown the disposition, tendency, or propensity to attack, bite, or otherwise cause injury or attempt to cause injury to a person, or another animal engaged in lawful activity who causes or allows such animal to be at large shall be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. (Ord. 482 § 2, 2010; Ord. 415 § 1, 2005) 281 Ordinance No. Amendment to Title 10 Animals Adopted: July 7, 2015 Page 6 CHAPTER 10.20 IMPOUNDMENT 10.20.020 Notification of owner. The animal control officer shall immediately upon impoundment of dogs or other animals make reasonable effort to notify the owners of dogs or other animals impounded, and inform the owners of the procedures, if applicable, to regain custody of the animals. If an impounded dog has a valid license, the owner shall be notified pursuant to Section 1.01.300 of this code.. (Ord. 415 § 1, 2005) 10.20.030 Disposition of unclaimed animals. A. All animals impounded at the city shelter or city -contracted shelter shall be provided with proper and sufficient food and water. Unless unlicensed animals have been claimed within five days after being impounded, or licensed dogs within ten days after the notification provided for in Section 10.20.020, they may be sold by the animal control officer or shelter operator to a person offering to pay a cash amount set by the animal control officer or shelter operator; provided, that the purchaser shall not be given possession of any dog until he or she has paid to the animal control officer or shelter operator the license fee for the dog and until he or she has made appropriate arrangements for any rabies vaccination, if necessary. B. If any animal impounded by the animal control officer has not been claimed within the period stated in this section and cannot be sold within a reasonable time thereafter, it may be destroyed by the shelter operator or animal control officer in a humane manner. In lieu of destruction, animals may be released without charge to any humane organization that provides an animal adoption service. C. The animal control officer shall maintain a file describing each animal impounded in the city shelter or city -contracted shelter beginning on the day any such animal is taken or delivered into the possession of the shelter. No animal found which, in the opinion of the animal control officer, constitutes a threat to the public welfare shall be adopted or released to any person who is not the owner of the animal. (Ord. 415 § 1, 2005) 10.20.040 Destruction of animals dangerous to impound. After providing notice to the owner, if known, a shelter operator is authorized to forthwith destroy any animal lawfully impounded which the shelter operator determines due to disease or other cause poses an imminent danger to persons or other animals so that impoundment of the animal would cause serious threat to others or would be inhumane to the animal. Nothing in this title shall be construed to prevent an animal control officer or shelter operator from taking whatever action is reasonably necessary to protect his or her person or other members of the public from 282 Ordinance No. Amendment to Title 10 Animals Adopted: July 7, 2015 Page 7 injury or damage, including immediate destruction of any vicious or dangerous animal without notice to the owner or custodian. (Ord. 415 § 1, 2005) 10.20.050 Reclaiming animals. The owner of any licensed impounded animal shall have the right to reclaim it at any time prior to the lawful disposition thereof, upon payment to the shelter operator or an animal control officer of the costs and charges provided in this title for impounding and keeping such animals. Any person claiming ownership of any unlicensed impounded animal shall be required to present proof of ownership satisfactory to the shelter operator or animal control officer, and thereafter the animal may be released to the claimant upon his or her making payment of all applicable costs, fees, and charges prescribed in this title including, but not necessarily limited to, any veterinary fees incurred and upon his or her making appropriate arrangements for any necessary rabies vaccination. (Ord. 415 § 1, 2005) 10.20.060 Owner's right to redeem animal from purchaser. The owner of any impounded animal may, at any time within thirty days after sale by a shelter operator or an animal control officer, redeem the animal from the purchaser by paying him or her an amount of money equaling each of the following, in the aggregate: the purchase price paid to the shelter operator or an animal control officer; any license fee paid and rabies vaccination costs incurred; and rates established by Section 10.20.080 for daily care and feeding for the number of days starting from the date of sale to and including the date of redemption by the owner. (Ord. 415 § 1, 2005) 10.20.070 Owner's liability to city when redeeming animal from purchaser. In each case where the owner of an impounded animal redeems it from the purchaser, irrespective of whether payment was made as prescribed in Section 10.20.060, the owner shall be liable for payment to the shelter operator or an animal control officer for all fees prescribed pursuant to Section 10.20.080 for impounding and for the daily care and feeding of the animal incurred during the impoundment, deducting there from the sale price paid by the purchaser. The amount of the owner's liability under this section shall be deemed a debt to the city, and an action may be commenced in the name of the city in any court of competent jurisdiction for the amount of any such debt. (Ord. 415 § 1, 2005) 10.20.080 Impoundment fees. Except in cases when disposition of an animal is made pursuant to Section 10.20.030, a shelter operator or an animal control officer shall receive and collect fees for impoundment, care, and feeding of impounded animals. The nature and amounts of such fees shall be as fixed from time to time by resolution of the city council. In the absence of any such fee or fees having been so established, a shelter operator or an animal control officer may collect and deposit in the appropriate accounts provided 283 Ordinance No. Amendment to Title 10 Animals Adopted: July 7, 2015 Page 8 for such purpose, a fee or fees in the amount or amounts as is applicable for similar functions or services in the unincorporated areas of the county. (Ord. 415 § 1, 2005) 10.20.090 Control and impoundment of dangerous or vicious animals. A. No person owning or having the care or custody of a dangerous or vicious animal shall permit such animal to go unconfined on the premises of such person. A dangerous and vicious animal is unconfined, as the term is used in this title, if such animal is not securely confined indoors or confined in a securely enclosed and locked pen or a run area upon the premises of said person. Such pen or run area must also have secure sides six feet high and a secure attached top. If the pen or structure has no bottom secured to the sides, the sides must be imbedded into the ground or concrete. Such sides shall be imbedded into the ground no less than one foot deep. If concrete is used, such sides shall be imbedded no less than two inches into the ground. Such pen shall be of adequate floor size as to allow said animal to be able to move around and obtain adequate exercise. All gates or door openings through such enclosures shall be equipped with a self-closing and self -latching device designed to keep and capable of keeping such door or gate securely closed at all times when not in actual use. Such latching device must be located not less than five feet above the ground. The owner or custodian of an animal declared dangerous or vicious shall allow an animal control officer or his or her deputies to inspect such pen or enclosure at any reasonable hour to insure compliance with this section. B. No person owning or harboring or having the care or custody of a dangerous or vicious animal shall suffer or permit such animal to go beyond the premises of such person unless the animal is securely muzzled and restrained with a chain having a minimum tensile strength of three hundred pounds and not exceeding three feet in length or, for animals under twenty pounds, on a chain as determined by the animal control department to be adequate based on the animal's size and strength. Such animal shall be under the control of someone able to control and restrain the animal and of eighteen years of age or more. C. No person shall own or harbor any animal for the purpose of fighting any other animal nor train, torment, badger, bait or use any animal for the purpose of causing or encouraging said animal to unprovoked attacks on human beings or domestic animals. Nor shall any person outfit any animal with a training device for fighting or attack, such as a weighted collar around the neck of the animal. Nor shall any person allow an animal to hang suspended from an object by biting into and hanging onto the object with its jaws. D. No person shall possess, with intent to sell, or offer to sell, breed, or buy or attempt to buy within the city any vicious or dangerous animal. E. Any person owning or harboring or having the care of any dangerous or vicious animal shall maintain a policy of insurance in an amount not less than three hundred 284 Ordinance No. Amendment to Title 10 Animals Adopted: July 7, 201 5 Page 9 thousand dollars insuring said person against any claim, loss, damage, or injury to persons, domestic animals, or property resulting from acts, whether intentional or unintentional, of the dangerous and vicious animal. Such person shall produce evidence of such insurance upon the request of a law enforcement officer or animal control officer. F. Whenever an animal suspected of being dangerous or vicious is reported, an animal control officer may investigate the circumstances, and if he or she finds that the animal by reason of its acts, propensities, or disposition is a dangerous or vicious animal as defined in this title, he or she may notify the owner in writing stating the facts and circumstances that such determination has been made and that as a dangerous and vicious animal it is to be in the animal control officer's discretion to (a) destroy the animal in the interest of public safety, (b) require that the animal be maintained as required by this section, or (c) determine the animal not to be dangerous or vicious. The notice shall also notify the owner of the right to appeal and the time period for filing an appeal of the determination. The ownership interest of an animal under investigation pursuant to this section or already under such an order or the appeal of such an order shall not be transferable to a new owner or caretaker during the process. Once an animal has been found to be vicious or dangerous, this finding shall remain in effect for the remainder of the life of the animal, and the ownership of the animal may not be transferred. Animals without an owner found to constitute a threat to the public welfare will be destroyed in the interest of public safety. No ownership rights can or shall be granted to a person other than the owner of such animals at the time of the determination. The owner of a dangerous and vicious animal must be eighteen years old or older. G. Upon request, the owner of an animal declared to be dangerous or vicious by an animal control officer shall be entitled to an administrative hearing before a hearing officer for the purpose of determining whether his or her animal constitutes a dangerous and vicious animal. The request for an administrative hearing must be made by the owner of the animal at issue, in writing, and must be delivered to the animal control department within ten calendar days of receipt of the animal control officer's determination that the animal constitutes a dangerous and vicious animal. After a request for hearing is received, the date of the hearing will be scheduled no less than five days, but not more than thirty days, from the date of receipt of request for hearing. The owner of the animal shall be entitled to review all evidence in the city's possession to be used by the city in the hearing at least three days prior to the hearing date. H. The director of the Community Development Department shall appoint a person or contract an agency to provide a person who shall act as the hearing officer, preside at the hearing, and hear all facts and testimony presented and evidence admitted and deemed appropriate. The hearing officer's compensation, if any, shall not in any way 285 Ordinance No. Amendment to Title 10 Animals Adopted: July 7, 201 5 Page 10 be impermissible tied to his/her decision making responsibilities. Any person designated to serve as a hearing officer is subject to disqualification for bias, prejudice, interest, or for any other reason for which a judge may be disqualified pursuant to Code of Civil Procedure Section 170.1. The owner of an animal desiring to challenge the hearing officer chosen to preside over the administrative hearing must file a statement with the city manager objecting to the hearing officer and setting forth the grounds for disqualification. The question of disqualification shall be heard and determined in writing by the city manager within ten days following the date on which the disqualification statement is filed. I. The hearing officer, after hearing all the facts, shall render one of three decisions: (a) the animal is deemed vicious or dangerous and shall be destroyed in the interest of public safety; (b) the animal is deemed vicious or dangerous and must be maintained according to this section for the remainder of the life of the animal; or (c) the animal is not deemed vicious or dangerous and is to be released to the owner. The hearing officer shall deliver the determination of the hearing in writing within ten days of the hearing to the animal control department and the owner of the animal at the last known address. The determination of the hearing officer is final. Any appeal of the hearing officer's determination shall be made pursuant to the provisions of California Food and Agriculture Code Section 31622. J. If, after the appeal hearing, it is determined that the animal is vicious or dangerous, the hearing officer may order the owner to keep the animal confined as provided in this section. If suitable restraints or enclosures discussed in subsections A and B of this section are not immediately available, or if the owner or keeper of such animal fails or refuses to demonstrate that such restraints or enclosures are available or suitable, or if restraint or confinement is impracticable, the animal shall be impounded until the owner is able to comply with the hearing officer's order. For any such impoundment, the owner shall be liable to the city for payment of fees as prescribed in Section 10.20.080, and any animal not reclaimed within thirty calendar days after such impoundment shall be deemed abandoned and unclaimed and shall be subject to destruction. K. In cases where the animal is not impounded, and written notification has been given as herein provided, if an owner fails to provide adequate restraint or control of the animal as ordered by the hearing officer within thirty days, or if the owner thereafter at any time fails to maintain the adequate restraint or control or comply with the orders of the hearing officer, the owner shall be guilty of a misdemeanor, and the animal shall be subject to summary destruction. Notwithstanding any of the foregoing, no animal found to be dangerous, vicious or a threat to the public health and/or safety shall be placed up for adoption to the public. L. Any person owning, harboring or having the care of any dangerous or vicious animal shall have the animal microchipped and photographed for positive future 286 Ordinance No. Amendment to Title 10 Animals Adopted: July 7, 2015 Page 11 identification. The microchipping procedure shall be performed by a trained professional to be chosen by the animal control department or a veterinarian. This procedure shall be performed at the owner's expense. The animal will be made available to the animal control department at a reasonable time for scanning to verify the procedure and document the identification number of the microchip. (Ord. 415 § 1, 2005) CHAPTER 10.24 ANIMAL KEEPING 10.24.100 Dangerous animals from outside city jurisdiction. An animal that has been declared dangerous or vicious in any legal hearing, as a result of aggressive behavior, outside the confines of the City of La Quinta, may not be relocated in La Quinta. 10.24.130 Mandatory microchipping of dogs. A. All dogs over the age of four months must be implanted with an identifying microchip. The owner or custodian is required to provide the microchip number to the City, and shall notify the City of any change of ownership of the dog, change of address, or telephone number. Nothing in this section supersedes, eliminates, or alters the requirements of La Quinta Municipal Code 10.08.010, and any other licensing requirements of this chapter. B. Exemption. The mandatory microchipping requirements shall not apply to: 1. A dog with a high likelihood of suffering serious bodily injury, if implanted with the microchip identification. The owner or custodian of the animal must provide written confirmation of that fact from a California Licensed Veterinarian. C. Transfer and or sale of dogs. 1. An owner or custodian who offers any dog, at any age for sale, trade, or adoption must provide the microchip identification number and the valid dog license number with the offer of sale, trade or adoption. The license and microchip number must appear on a document transferring the dog to the new owner. Both the previous owner or custodian, and new owner, or custodian, are required to update the City with the name and address of the new owner or custodian in accordance with subdivision (A) of this section. Any violation of this chapter shall be subject to the penalties as noted in La Quinta Municipal Code 1.09.020. 287 Ordinance No. Amendment to Title 10 Animals Adopted: July 7, 201 5 Page 12 D. When an impounded dog is without microchip identification, in addition to satisfying applicable requirements for the release of the animal, including but not limited to payment of impound fees, the owner or custodian shall: 1. Have the dog implanted with a microchip by a California Licensed Veterinarian, or authorized representative entirely at the owner, or custodian's expense. A written statement confirming that the microchip has been implanted, must be provided to the City with the implanted microchip number. The dog in custody will be released to the owner or custodian after the procedure has been completed. CHAPTER 10.28 OFFENSES 10.28.030 Retention of animal by one other than owner. No person shall, without the knowledge or consent of the owner, hold or retain possession of any dog or other animal of which he or she is not the owner for more than twenty-four hours without first reporting the possession of which to the animal control officer, giving his or her name and address and the true description of the dog or other animal, and then causing the dog or other animal to be impounded at the city shelter or city -contracted shelter for return to the owner. Any person so holding an animal shall surrender such animal upon demand of the animal control officer. At the discretion of the animal control officer, any such finder of a dog or other animal may be allowed to retain possession of the dog or other animal in lieu of impoundment. In such a case, the animal control officer shall make all normal and regular efforts to ascertain the true owner of the dog or other animal and advise him or her of the whereabouts of the dog or other animal. (Ord. 415 § 1, 2005) 10.28.040 Unauthorized removal of animal from shelter. No person shall remove any impounded animal from the city shelter or city - contracted shelter without the consent of the animal control officer. No person shall remove any animal from the custody of the animal control officer, including any animal control department vehicle or any vehicle in use by the animal control department or from any humane live trap in use by the animal control department or its authorized agents. (Ord. 415 § 1, 2005) 10.28.90 using another person's animal to be disposed of. A. Every person contacting the city's animal control department or taking an animal to the animal control department for impoundment or disposal shall, if the animal is not owned by him or her, inform the animal control department who the lawful owner is, if known, and where and when the animal was found. If the lawful owner cannot be determined, the animal control officer shall keep the animal as prescribed in Section 10.20.030 of this title. 288 Ordinance No. Amendment to Title 10 Animals Adopted: July 7, 2015 Page 13 B. It shall be unlawful for any person to take, deliver, or have delivered an animal to the animal control officer or the city shelter or city -contracted shelter for impoundment or disposal without disclosing to the animal control officer or the city shelter or city -contracted shelter the name of the lawful owner of such animal, if known. C. It shall be unlawful for any property owner, or responsible person(s), including any natural person, the parent or the legal guardian of any natural person under the age of eighteen years, any corporation, association, organization, estate, group, combination acting as a group, or any officer, agent, employee, or servant of any of the foregoing, to fail to board any animal left behind by a tenant. Any property owner or responsible person that fails to make arrangements for the humane sheltering and care of said animal for the length of time required by law and/or fails to make arrangements with the sheltering agency is in violation of this section. D. Enforcement of this section shall be performed by citation. Each day such violation is committed or permitted to continue shall constitute a separate offense. When an animal is found at large and is known to be from a vacant property, it shall be deemed in violation of this section if the property owner or responsible person fails to take control of the animal immediately. Not withstanding any other provisions of this code, the fine for violation of this section after receiving a warning from the animal control officer shall be one hundred dollars for a first offense, two hundred dollars for a second offense, and four hundred dollars for third and all subsequent offenses. In order for the fines to escalate for multiple offenses as described herein, the offenses must occur within a twelve-month period. (Ord. 415 § 1, 2005) 289 Ordinance No. Amendment to Title 10 Animals Adopted: July 7, 2015 Page 14 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. (enter number) which was introduced at a regular meeting on the (date) day of (month), (year), and was adopted at a regular meeting held on the (date) day of (month), (year), 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 the Rules of Procedure adopted by City Council Resolution No. 2014-013. SUSAN MAYSELS, City Clerk City of La Quinta, California DECLARATION OF POSTING I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on , pursuant to Council Resolution. SUSAN MAYSELS, City Clerk City of La Quinta, California 290 ATTACHMENT 1 Chapter0.0.041DEFINITIONS 10.04.010 Definitions generally. For the purposes of this title, unless it is plainly evident from the context that a different meaning is intended, the terms used in this title shall have the following meanings. (Ord. 415 § 1, 2005) 10.04.020 Animals. "Animal" means all domestic animals, wild animals, livestock, poultry, or any other animal. (Ord. 415 § 1, 2005) 10.04.030 Animal control officer—Health officer. A. "Animal control officer" means all persons designated by the city as animal control officer or such other person(s) as the animal control officer has designated to perform the duties of the position, or such person with whom the city has contracted to perform such duties, or such person who is otherwise obligated by law to perform such duties. B. "Health officer" means the health officer of the city or county or such person or persons as are duly authorized by law to perform local health officer duties within the city. (Ord. 415 § 1, 2005) 10.04.040 Dog. "Dog" means any member of the canine family and includes female as well as male dogs. (Ord. 415 § 1, 2005) 10.04.050 Owner. "Owner" means any person who is the legal owner, keeper, harborer, possessor or the actual custodian of any animal. Ownership is established by a person registering as the owner on a license or other legal document by a person claiming ownership and taking possession of an animal, or by being in possession of an animal for thirty days or more. If more than one person claims ownership of an animal, the person who is identified on the license as the owner of the animal shall be considered the owner. If more than one person is identified on the license as owner or if the animal is not licensed, the presumption will be that the animal belongs to the occupant of the residence where the dog resides the majority of the time unless proven otherwise. (Ord. 415 § 1, 2005) 10.04.060 Unlicensed dog. "Unlicensed dog" means any dog for which the license required under this title for the current licensing year has not been issued, including circumstances where a license is not issued for failure to pay the license fee, i.e., has not been purchased or has expired without renewal fee having been timely paid, or to which the tag for the current year provided for in this title is not attached. (Ord. 415 § 1, 2005) 0 291 10.04.070 Vicious or dangerous animal. A. The term "vicious animal" or "dangerous animal" means an animal which: 1. Has attacked or behaved in such a manner that the owner thereof knows or should reasonably know that the animal has tendencies to attack or bite human beings or another animal; or 2. Has twice within a thirty-six month period bitten, attacked, or shown the disposition, tendency, or propensity to attack, bite, or otherwise cause injury or attempt to cause injury to a person or another animal, engaged in lawful activity; or 3. Has once attacked or bitten a person engaged in lawful activity, causing death or substantial injury; or 4. Has been determined by a doctor of veterinary medicine, after observation thereof, as posing a danger to humans or domestic animals if not enclosed or muzzled; or 5. Has attacked or behaved in such a manner that the owner thereof knows or should reasonably know that the animal has tendencies to attack domestic animals without provocation; or 6. Has been trained for fighting or as an attack animal, except such animals which are employed by a government agency, including the police department of the city or county; or 7. Has been classified as dangerous, potentially dangerous or vicious by any other local, county, or state animal control agency; or 8. When unprovoked, has on two separate occasions within the prior thirty-six month period engaged in any behavior that required a defensive action by any person to prevent bodily injury to himself or herself or another person during which the person having been attacked and the attacking animal was off the property of the owner or keeper of the animal; or 9. Has been outfitted with a training device for fighting or attack, such as a weighted collar around the neck of the animal, or found to be allowed to hang suspended from an object by biting into and holding onto the object with its jaws, shall be presumed to be an animal trained as a fighting or attack animal; or 10. Of a species, breed, or kind (excluding dogs and cats), which in its wild or untamed condition is capable of and, if aroused, is likely to cause death or serious injury to a human being or which would cause serious fear or alarm to the average person if seen wandering at large in an inhabited community; or 11. That meets the definition of "vicious animal" or "dangerous animal" contained in California Food and Agriculture Code section 31626. B. This provision shall not apply to animals owned and used by a government entity, including, but not limited to, public entities' guard dogs or sentry dogs, as defined by Section 10.04.150 of this chapter. (Ord. 415 § 1, 2005) 10.04.080 Wild animal. "Wild animal" means any animal not ordinarily and customarily domesticated, but of a species, breed or kind which is wild by nature and not generally and commonly 292 propagated and raised by man or woman in this state for use as a household pet or domestic or domesticated animal or which, because of its size, disposition, nature, or other characteristics could constitute a danger to human life or property. The definition of "wild animal" shall include feral animals. (Ord. 415 § 1, 2005) 10.04.090 Livestock. "Livestock" means any animal commonly considered a "barnyard" animal or animals raised for food production, including, but not limited to horses, cattle, sheep, goats, hogs, pigs, rabbits, alpacas, llamas, emus, and ostriches. (Ord. 415 § 1, 2005) 10.04.100 Poultry. "Poultry" means fowl, including, but not limited to, chickens, turkeys, ducks, geese, guinea poultry, pigeons, peacocks, pheasants or any other large domestic or tame birds. (Ord. 415 § 1, 2005) 10.04.110 At large. "At large" means an animal off the property of its owner without consent of the owner of the property where the animal is found, or in or upon any unenclosed private place, or premises, and not under restraint by leash or chain. (Ord. 415 § 1, 2005) 10.04.120 Substantial injury. "Substantial injury" means any physical injury that results in a broken bone, a muscle tear, skin laceration or puncture wound. (Ord. 415 § 1, 2005) 10.04.130 Guide dog, service dog, signal dog. "Guide dog," "service dog," and "signal dog" shall include those dogs that are used to perform these respective functions (e.g., seeing eye dog for the blind, a signal dog for the deaf, or a service dog for the handicapped) and those dogs in training to be guide dogs, service dogs or signal dogs. (Ord. 415 § 1, 2005) 10.04.140 Cattery. "Cattery" means any residence, structure, or premises, whether indoors or outdoors, which houses, contains, maintains or provides shelter or sustenance for five or more cats of four months old or older. (Ord. 415 § 1, 2005) 10.04.150 Guard dog. "Guard dog" means a working dog, utilized to protect a commercial business, and allowed to work without supervision on fenced premises to guard against trespass by attacking or threatening to attack persons found within the enclosure patrolled by such dog, and resisting leaving the protected premises without the presence of its handler or owner. For the purposes of the ordinance codified in this title, a "guard dog" shall be considered a dangerous animal. "Guard dog" shall also mean "sentry dog." (Ord. 415 § 1, 2005) 293 Chapter 10.08 DOG LICENSES 10.08.010 License required. No person within the city owning, possessing, controlling, harboring or keeping any dog over four months of age shall fail, refuse or neglect to procure a dog license tag for such dog from the city manager or his or her authorized agent. No license issued pursuant to this title shall be transferable. Within thirty days of transfer of dog ownership, the new person claiming ownership of said dog shall complete a new application for a dog license and shall procure a new license and tag providing required information as set forth in Section 10.08.050. A rabies tag issued by a veterinarian shall not be considered a city of La Quinta dog license. (Ord. 415 § 1, 2005) 10.08.020 Exemptions. A dog license tag is not required for any dog found within the city under any of the following conditions: A. When the dog is owned by, or in the care of, any person who is a nonresident or who is traveling through the city, or who is temporarily sojourning therein, provided the dog is kept within the city for less than thirty consecutive days and less than a total of sixty days in any given year; or B. When the dog has a valid license from either the county of Riverside or another city within the county. This exemption shall be available for a maximum period not exceeding six one months for any given dog. (Ord. 415 § 1, 2005) 10.08.030 Term. The effective period of each dog license issued shall be not more than three years and, in no case, shall be valid for a period of time longer than the term of immunization specified by the veterinarian performing the dog's rabies vaccination. (Ord. 415 § 1, 2005) 10.08.040 Fees. A. The fee for a dog license shall equal an amount fixed from time to time by resolution of the city council; provided, that in the absence of any such established amount, the licensing authority may collect and deposit in the appropriate accounts provided for such purpose a fee in the same amount as is applicable for similar dog licensing in unincorporated areas of the county. B. No fee shall be required for a license for any guide dog, signal dog or service dog if such dog is in the possession and under the control of, in the case of a guide dog, a blind person, or, in the case of a signal dog, a deaf or hearing-impaired person, or, in the case of a service dog, a physically disabled person. (Ord. 415 § 1, 2005) A 294 certification that the dog serves as an official guide, signal, or service dog must be provided. 10.08.050 Application. The owner shall state at the time application for licensing is made, and upon standard printed forms of application provided for such purpose, his or her name and address and the name, breed, color, age, history and sex, indicating whether or not the dog is neutered or spayed, for each dog for which application is made. (Ord. /115 § 1, 2005) The owner shall state at the time application for licensing is made, and upon standard printed forms of applications provided for such purpose, the following information and documentation for each dog: A. Name and address of owner; B. Address where dog is kept C. Name, breed, age, sex, whether dog is spayed or neutered, and the color of the dog; D. Proof of Microchip by written statement of a California Licensed Veterinarian and microchip number. 10.08.060 Anti -rabies vaccination required. As a condition for the issuance of a license, within thirty days prior to the issuance of the license, all applicants for the license shall procure and deliver to the licensing authority a certificate issued by a veterinarian certifying that the dog to be licensed has been administered an anti -rabies vaccination approved for use in the state of California by the California Department of Health Services, and has received an anti- rabies vaccination sufficient to immunize the dog against rabies for the period of the applied for license. (Ord. 415 § 1, 2005) 10.08.070 Issuance of tags and certificates. A metallic tag and license certificate with corresponding number shall be furnished by the licensing authority upon payment of the appropriate fee prescribed by Section 10.08.040 of this chapter and upon satisfaction of all conditions stated in this chapter for licensing. (Ord. 415 § 1, 2005) 10.08.080 Tag—Attachment required. The licensing authority shall keep a record of the owner or person making payment of the license fee and to whom a certificate and tag has been issued, including the number and date of the certificate and the tag. The metal tag issued shall be securely fixed to a collar, harness, or other device to be worn at all times by the dog for which the registration is issued. (Ord. 415 § 1, 2005) 10.08.090 Tag—Display required. 295 No person shall fail or refuse to state his or her true name and residence address upon demand of an animal control officer or any law enforcement officer, or to show upon demand of an animal control officer or any law enforcement officer, the license certificate and the tag for any duly registered dog kept or remaining within any home or upon any enclosed premises under his or her immediate control. (Ord. 415 § 1, 2005) 10.08.100 Tag—Removal prohibited. No one other than animal control personnel shall remove any dog collar, harness, or other device to which is attached a registration tag for the current license year, or remove the tag there from. (Ord. 415 § 1, 2005) 10.08.110 Tag—Replacement. If the dog license tag is lost or destroyed, the owner shall immediately procure a duplicate license tag from the licensing authority, for which a fee of one-half the license fee set forth in Section 10.08.040 of this chapter shall be charged. (Ord. 415 § 1, 2005) 10.08.120 Tag—Altering or counterfeiting. A. It shall be unlawful to alter, falsify or counterfeit a rabies vaccination certificate, dog license certificate or dog license tag. No tag may be altered by anyone other than the licensing authority or a duly appointed representative. No person shall make use of or have in his or her possession or under his or her control a stolen, counterfeit or forged dog license receipt, dog license tag, rabies vaccination receipt or other form issued in accordance with this chapter. B. It shall be a violation of this section to attach a city dog license to the collar, harness, or other device of a dog for which the license has not been issued. (Ord. 415 § 1, 2005) 296 Chapter 10.16 BITING 10.16.010 Biting animals—Quarantine orders. Whenever it is shown that any animal has bitten any person or animal, or exhibits evidence of rabies, no owner or person having custody or possession thereof, upon order of the animal control officer or of the county health officer (or any other person exercising the duties of health officer for the city) or their deputies, shall fail, refuse, or neglect to quarantine the animal and keep it tied up or confined for a minimum period of ten days, or shall fail, refuse, or neglect to allow the animal control officer or the health officer or their deputies to make an inspection or examination thereof at any time during such period. No such animal shall be removed or released during the quarantine period without the written permission of the animal control officer or the health officer or their deputies. Unless otherwise specified by the animal control officer or the health officer, the animals shall be confined in a pound or shelter or a veterinary hospital at owner's expense. All provisions found in Section 10.16.040 shall pertain to this section. (Ord. 415 § 1, 2005) 10.16.020 Animals dying while under quarantine. The head of an animal dying while under isolation in quarantine shall be submitted to the laboratory of the county health department for examination for rabies. No liability shall incur to the city or any of its employees or agents for violation of this section. (Ord. 415 § 1, 2005) 10.16.030 Knowledge of bite—Duty to report. Whenever any person owning or having charge, care, control, custody or possession of any animal has knowledge that the animal has bitten any person, the person owning or having charge, care, control, custody, or possession of the animal shall report the fact forthwith to the animal control department. The report shall state the name and address of the person bitten, the time and place of occurrence, and any other information so requested by an animal control officer. (Ord. 415 § 1, 2005) 10.16.040 Bitten animals—When to be quarantined. A. Whenever any animal is bitten by another animal having or suspected of having rabies, or a bitten animal shows any symptoms of rabies, the owner or person having possession of the bitten animal shall immediately notify an animal control officer or the health officer and confine the animal, away from other animals, until it is established to the satisfaction of the animal control officer or the health officer that it does not have rabies. The animal control officer shall inspect the animal at the beginning of quarantine and at the end of quarantine prior to release. B. If the animal control officer or the health officer determines that exigent circumstances exist that require swift action to save life, property or evidence of the unlawful action, the animal control officer or the health officer shall have the authority to enter onto any private property where the animal is kept or where it has 297 strayed, to inspect and, if necessary, to seize and impound any animal suspected of being rabid. C. The period of quarantine shall be not less than ten days for dogs or cats and not less than fourteen days for other animals. The animal control officer or the health officer shall have the authority to quarantine any such animal at the owner's residence, or impound the animal at the owner's expense. Any animal found to be in violation of home quarantine order may be impounded and placed on quarantine at the animal shelter if the owner or person having control thereof fails to confine the animal or in case the owner or person having possession thereof is not readily accessible. (Ord. 415 § 1, 2005) 10.16.050 Disposition of animals appearing to have rabies. A. If upon observation the animal control officer or the health officer determines that any animal has rabies, he or she may after providing notice to the owner, if known, destroy the animal forthwith, or hold the animal for further examination for such time as he or she may consider advisable. B. Unless otherwise authorized by state or federal law, no person other than the animal control officer or a peace officer shall kill or cause to be killed any rabid animal, any animal suspected of having been exposed to rabies, or any animal biting a human, unless that person kills the animal in self-defense or in the defense of others. No person shall remove a rabid animal or animal suspected of having been exposed to rabies from the city without written permission from the animal control officer. This section shall not apply to a veterinarian or his or her assistant(s) preparing an animal suspected of rabies for an FRA rabies test. Results of such tests shall be reported to the animal control department by the veterinarian or his or her assistant(s). (Ord. 415 § 1, 2005) 10.16.060 Rabies epidemics—Authority of health officer. Whenever the county health officer (or any other person exercising the duties of health officer for the city) determines that an epidemic of rabies exists or is threatened, he or she shall have the authority to take such measures as may be reasonably necessary to prevent the spread of the disease, including the declaration of a quarantine for a period of not more than one hundred twenty days against any or all animals in any area of the city as he or she may determine and define. An additional or extended quarantine period may also be declared if it is deemed necessary by the health officer for the protection and preservation of the public health, peace, and safety. Subject to any restriction set out in this section, quarantine declared under the provisions of this section shall be upon conditions that the health officer determines and declares to be appropriate, consistent with state and federal law. (Ord. 415 § 1, 2005) 10.16.070 Quarantine of a dog used by law enforcement. 298 Notwithstanding any other provision of this title, a dog used by any state, special district, federal, county, city, or city and county law enforcement agency shall not be quarantined after biting any person if such bite occurred while the dog was being used for any law enforcement purpose. The law enforcement agency shall notify the animal control department within its jurisdiction if the dog exhibits any abnormal behavior and make the dog available to the department at any reasonable time. (Ord. 415 § 1, 2005) 10.16.080 Use of an animal as a threat or weapon. It shall be unlawful for any owner of any animal to cause such animal to attack, threaten to attack or pursue another person engaged in any lawful activity. (Ord. 415 § 1, 2005) 10.16.090 Animal bite unlawful. A. Biting Animal Defined. For purposes of this section, an animal bite shall be considered to have occurred when any animal bites any person, or another animal in the city; provided, however, that the bite will not be subject to this section if: (1) the person or animal bitten was provoking the animal at the time of the bite; (2) the person or animal bitten was engaged in an unlawful activity at the time of the bite; (3) the animal was within a fenced or otherwise enclosed area at the time of the bite; (4) the animal was on a leash meeting the requirements of Section 10.28.010 at the time of the bite; or (5) the person bitten is performing services at a veterinary facility at the time of the bite. For the purposes of this section, the records of animal bites kept by the city shall be deemed official records and shall establish a rebuttal presumption of the number of bites recorded against a particular animal. B. First Offense. If an animal is reported to and determined by the city to have bitten any person, or another animal causing substantial injury, the owner or guardian of said animal shall be guilty of an infraction punishable by a fine as provided in Section 1.09.0201.01.220 of this code. Upon investigating and verifying a complaint of an animal bite, an animal control officer shall issue a citation to the owner or guardian of said animal. This citation shall be in addition to any action the animal control officer may deem appropriate pursuant to Section 10.20.090 of this title. C. Subsequent Offense. If an animal is reported to and determined by the city to have bitten any person, or another animal after a first offense citation has been issued, or the animal has previously been adjudged to be dangerous or vicious as provided in Section 10.20.090 of this title and bites any person, or another animal subsequent to that adjudication, the owner or guardian of said animal shall be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. Upon investigating and verifying a complaint of a second animal bite or any animal bite by a dangerous or vicious animal, an animal control officer shall issue a citation to the owner or guardian of said animal. This citation shall 299 be in addition to any action the animal control officer may deem appropriate pursuant to Section 10.20.090 of this title. D. The owner of any animal which has bitten, attacked, or shown the disposition, tendency, or propensity to attack, bite, or otherwise cause injury or attempt to cause injury to a person, or another animal engaged in lawful activity who causes or allows such animal to be at large shall be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. (Ord. 482 § 2, 2010; Ord. 415 § 1, 2005) 300 1 Chapter 10.20 IMPOUNDMENT 10.20.010 Impounding of animals. It shall be the function and within the power of the animal control officer to pick up, impound, and safely keep any of the animals mentioned in this title found running at large, staked, tied, or being herded or pastured in any street, lane, alley, court, square, park, or other place belonging to or under the control of the city, or upon any private property, which is acting in a manner that is contrary to the provisions of this title or to the right of the public. (Ord. 415 § 1, 2005) 10.20.020 Notification of owner. The animal control officer shall immediately upon impoundment of dogs or other animals make reasonable effort to notify the owners of dogs or other animals impounded, and inform the owners of the procedures, if applicable, to regain custody of the animals. If an impounded dog has a valid license, the owner shall be notified pursuant to Section 1.01.300 of this code., either personally or by telephone or by deposit of appropriate notice in the mails addressed to the record address with postage prepaid, or by posting the notice on the door of the owner's residence. (Ord. 415 § 1, 2005) 10.20.030 Disposition of unclaimed animals. A. All animals impounded at the city shelter or city -contracted shelter shall be provided with proper and sufficient food and water. Unless unlicensed animals have been claimed within five days after being impounded, or licensed dogs within ten days after the notification provided for in Section 10.20.020, they may be sold by the animal control officer or shelter operator to a person offering to pay a cash amount set by the animal control officer or shelter operator; provided, that the purchaser shall not be given possession of any dog until he or she has paid to the animal control officer or shelter operator the license fee for the dog and until he or she has made appropriate arrangements for any necessary rabies vaccination, if necessary. B. If any animal impounded by the animal control officer has not been claimed within the period stated in this section and cannot be sold within a reasonable time thereafter, it may be destroyed by the shelter operator or animal control officer in a humane manner. In lieu of destruction, animals may be released without charge to any humane organization that provides an animal adoption service. C. The animal control officer shall maintain a file describing each animal impounded in the city shelter or city -contracted shelter beginning on the day any such animal is taken or delivered into the possession of the shelter. No animal found which, in the opinion of the animal control officer, constitutes a threat to the public welfare shall be adopted or released to any person who is not the owner of the animal. (Ord. 415 § 1, 2005) 301 10.20.040 Destruction of animals dangerous to impound. After providing notice to the owner, if known, an animal control officera shelter operator is authorized to forthwith destroy any animal lawfully impounded which the shelter operatoroff+cer determines due to disease or other cause poses an imminent danger to persons or other animals so that impoundment of the animal would cause serious threat to others or would be inhumane to the animal. Nothing in this title shall be construed to prevent an animal control officer or shelter operator from taking whatever action is reasonably necessary to protect his or her person or other members of the public from injury or damage, including immediate destruction of any vicious or dangerous animal without notice to the owner or custodian. (Ord. 415 § 1, 2005) 10.20.050 Reclaiming animals. The owner of any licensed impounded animal shall have the right to reclaim it at any time prior to the lawful disposition thereof, upon payment to the shelter operator or an animal control officer of the costs and charges provided in this title for impounding and keeping such animals. Any person claiming ownership of any unlicensed impounded animal shall be required to present proof of ownership satisfactory to the shelter operator or animal control officer, and thereafter the animal may be released to the claimant upon his or her making payment of all applicable costs, fees, and charges prescribed in this title including, but not necessarily limited to, any veterinary fees incurred and upon his or her making appropriate arrangements for any necessary rabies vaccination. (Ord. 415 § 1, 2005) 10.20.060 Owner's right to redeem animal from purchaser. The owner of any impounded animal may, at any time within thirty days after sale by a shelter operator or an animal control officer, redeem the animal from the purchaser by paying him or her an amount of money equaling each of the following, in the aggregate: the purchase price paid to the shelter operator or an animal control officer; any license fee paid and rabies vaccination costs incurred; and rates established by Section 10.20.080 for daily care and feeding for the number of days starting from the date of sale to and including the date of redemption by the owner. (Ord. 415 § 1, 2005) 10.20.070 Owner's liability to city when redeeming animal from purchaser. In each case where the owner of an impounded animal redeems it from the purchaser, irrespective of whether payment was made as prescribed in Section 10.20.060, the owner shall be liable for payment to the shelter operator or an animal control officer for all fees prescribed pursuant to Section 10.20.080 for impounding and for the daily care and feeding of the animal incurred during the impoundment, deducting there from the sale price paid to an animal control officer by the purchaser. The amount of the owner's liability under this section shall be deemed a debt to the 302 city, and an action may be commenced in the name of the city in any court of competent jurisdiction for the amount of any such debt. (Ord. 415 § 1, 2005) 10.20.080 Impoundment fees. Except in cases when disposition of an animal is made pursuant to Section 10.20.030, a shelter operator or an animal control officer shall receive and collect fees for impoundment, care, and feeding of impounded animals. The nature and amounts of such fees shall be as fixed from time to time by resolution of the city council. In the absence of any such fee or fees having been so established, a shelter operator or an animal control officer may collect and deposit in the appropriate accounts provided for such purpose, a fee or fees in the amount or amounts as is applicable for similar functions or services in the unincorporated areas of the county. (Ord. 415 § 1, 2005) 10.20.090 Control and impoundment of dangerous or vicious animals. A. No person owning or having the care or custody of a dangerous or vicious animal shall permit such animal to go unconfined on the premises of such person. A dangerous and vicious animal is unconfined, as the term is used in this title, if such animal is not securely confined indoors or confined in a securely enclosed and locked pen or a run area upon the premises of said person. Such pen or run area must also have secure sides six feet high and a secure attached top. If the pen or structure has no bottom secured to the sides, the sides must be imbedded into the ground or concrete. Such sides shall be imbedded into the ground no less than one foot deep. If concrete is used, such sides shall be imbedded no less than two inches into the ground. Such pen shall be of adequate floor size as to allow said animal to be able to move around and obtain adequate exercise. All gates or door openings through such enclosures shall be equipped with a self-closing and self -latching device designed to keep and capable of keeping such door or gate securely closed at all times when not in actual use. Such latching device must be located not less than five feet above the ground. The owner or custodian of an animal declared dangerous or vicious shall allow an animal control officer or his or her deputies to inspect such pen or enclosure at any reasonable hour to insure compliance with this section. B. No person owning or harboring or having the care or custody of a dangerous or vicious animal shall suffer or permit such animal to go beyond the premises of such person unless the animal is securely muzzled and restrained with a chain having a minimum tensile strength of three hundred pounds and not exceeding three feet in length or, for animals under twenty pounds, on a chain as determined by the animal control department to be adequate based on the animal's size and strength. Such animal shall be under the control of someone able to control and restrain the animal and of eighteen years of age or more. C. No person shall own or harbor any animal for the purpose of fighting any other animal nor train, torment, badger, bait or use any animal for the purpose of causing or encouraging said animal to unprovoked attacks on human beings or domestic animals. Nor shall any person outfit any animal with a training device for fighting or 303 attack, such as a weighted collar around the neck of the animal. Nor shall any person allow an animal to hang suspended from an object by biting into and hanging onto the object with its jaws. D. No person shall possess, with intent to sell, or offer to sell, breed, or buy or attempt to buy within the city any vicious or dangerous animal. E. Any person owning or harboring or having the care of any dangerous or vicious animal shall maintain a policy of insurance in an amount not less than three hundred fifty thousand dollars insuring said person against any claim, loss, damage, or injury to persons, domestic animals, or property resulting from acts, whether intentional or unintentional, of the dangerous and vicious animal. Such person shall produce evidence of such insurance upon the request of a law enforcement officer or animal control officer. F. Whenever an animal suspected of being dangerous or vicious is reported, an animal control officer may investigate the circumstances, and if he or she finds that the animal by reason of its acts, propensities, or disposition is a dangerous or vicious animal as defined in this title, he or she may notify the owner in writing stating the facts and circumstances that such determination has been made and that as a dangerous and vicious animal it is to be in the animal control officer's discretion to (a) destroy the animal in the interest of public safety, (b) require that the animal be maintained as required by this section, or (c) determine the animal not to be dangerous or vicious. The notice shall also notify the owner of the right to appeal and the time period for filing an appeal of the determination. The ownership interest of an animal under investigation pursuant to this section or already under such an order or the appeal of such an order shall not be transferable to a new owner or caretaker during the process. Once an animal has been found to be vicious or dangerous, this finding shall remain in effect for the remainder of the life of the animal, and the ownership of the animal may not be transferred. Animals without an owner found to constitute a threat to the public welfare will be destroyed in the interest of public safety. No ownership rights can or shall be granted to a person other than the owner of such animals at the time of the determination. The owner of a dangerous and vicious animal must be eighteen years old or older. G. Upon request, the owner of an animal declared to be dangerous or vicious by an animal control officer shall be entitled to an administrative hearing before a hearing officer for the purpose of determining whether his or her animal constitutes a dangerous and vicious animal. The request for an administrative hearing must be made by the owner of the animal at issue, in writing, and must be delivered to the animal control department within ten calendar days of receipt of the animal control officer's determination that the animal constitutes a dangerous and vicious animal. After a request for hearing is received, the date of the hearing will be scheduled no less than five days, but not more than thirty days, from the date of receipt of request 304 for hearing. The owner of the animal shall be entitled to review all evidence in the city's possession to be used by the city in the hearing at least three days prior to the hearing date. H. The director of the Community Development Department building and safety shall appoint a person or contract an agency to provide a person who shall act as the hearing officer, preside at the hearing, and hear all facts and testimony presented and evidence admitted and deemed appropriate. The hearing officer's compensation, if any, shall not in any way be impermissible tied to his/her decision making responsibilities. Any person designated to serve as a hearing officer is subject to disqualification for bias, prejudice, interest, or for any other reason for which a judge may be disqualified pursuant to Code of Civil Procedure Section 170.1. The owner of an animal desiring to challenge the hearing officer chosen to preside over the administrative hearing must file a statement with the city manager objecting to the hearing officer and setting forth the grounds for disqualification. The question of disqualification shall be heard and determined in writing by the city manager within ten days following the date on which the disqualification statement is filed. I. The hearing officer, after hearing all the facts, shall render one of three decisions: (a) the animal is deemed vicious or dangerous and shall be destroyed in the interest of public safety; (b) the animal is deemed vicious or dangerous and must be maintained according to this section for the remainder of the life of the animal; or (c) the animal is not deemed vicious or dangerous and is to be released to the owner. The hearing officer shall deliver the determination of the hearing in writing within ten days of the hearing to the animal control department and the owner of the animal at the last known address. The determination of the hearing officer is final. Any appeal of the hearing officer's determination shall be made pursuant to the provisions of California Food and Agriculture Code Section 31622. J. If, after the appeal hearing, it is determined that the animal is vicious or dangerous, the hearing officer may order the owner to keep the animal confined as provided in this section. If suitable restraints or enclosures discussed in subsections A and B of this section are not immediately available, or if the owner or keeper of such animal fails or refuses to demonstrate that such restraints or enclosures are available or suitable, or if restraint or confinement is impracticable, the animal shall be impounded until the owner is able to comply with the hearing officer's order. For any such impoundment, the owner shall be liable to the city for payment of fees as prescribed in Section 10.20.080, and any animal not reclaimed within thirty calendar days after such impoundment shall be deemed abandoned and unclaimed and shall be subject to destruction. K. In cases where the animal is not impounded, and written notification has been given as herein provided, if an owner fails to provide adequate restraint or control of the animal as ordered by the hearing officer within thirty days, or if the owner thereafter at any time fails to maintain the adequate restraint or control or comply 305 with the orders of the hearing officer, the owner shall be guilty of a misdemeanor, and the animal shall be subject to summary destruction. Notwithstanding any of the foregoing, no animal found to be dangerous, vicious or a threat to the public health and/or safety shall be placed up for adoption to the public. L. Any person owning, harboring or having the care of any dangerous or vicious animal shall have the animal microchipped and photographed for positive future identification. The microchipping procedure shall be performed by a trained professional to be chosen by the animal control department or a veterinarian. This procedure shall be performed at the owner's expense. The animal will be made available to the animal control department at a reasonable time for scanning to verify the procedure and document the identification number of the microchip. (Ord. 415 § 1, 2005) 306 Chapter 10.24 ANIMAL KEEPING 10.24.010 Female dogs to be confined during breeding period. No owner of an unspayed female dog shall fail, refuse or neglect during the breeding period of the dog to confine it in such a manner which reduces, so far as is practicable under the circumstances, the attraction of stray male dogs. (Ord. 415 § 1, 2005) 10.24.020 Wild animals to be confined. No person owning any wild animal or operating any wild animal establishment, shall fail, refuse or neglect to keep all wild animals under proper confinement on the premises, or cause, permit, suffer or allow any wild animal to be or run at large, nor shall any such person maintain any wild or dangerous or vicious animal on or within any premises in such a manner as to endanger the life or limb of any person lawfully entering the premises. This section shall be read in connection with the provisions of Sections 10.24.035 and 10.24.050 of this chapter. (Ord. 415 § 1, 2005) 10.24.030 Kennels subject to zoning and health regulations. Any person maintaining any kennel or pet shop shall conform to the zoning regulations of the city which are applicable thereto, as well as any applicable health regulations, and shall allow the animal control department to make an inspection of the premises at any reasonable hour. (Ord. 415 § 1, 2005) 10.24.035 Standard of care. Every person within the city who owns any animal or who owns, conducts, manages or operates any animal establishment for which a license or permit is required by this title, shall comply with each of the following conditions: A. Housing facilities for animals shall be structurally sound and shall be maintained in good repair to protect the animals from injury, to contain the animals and restrict the entrance of other animals. B. All animals shall be supplied with sufficiently good and wholesome food and water as often as the feeding habits of the respective animals require. C. All animals and all animal buildings or enclosures shall be maintained in a clean and sanitary condition as per Section 10.24.070. D. All animals shall be so maintained as to eliminate excessive noise as per Section 10.28.020. E. Every reasonable precaution shall be used to ensure that animals are not teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any person or other means. F. No condition shall be maintained or permitted that is or could be injurious to an animal. G. Animal buildings and enclosures shall be so constructed and maintained as to prevent the escape of animals. All reasonable precautions shall be taken to protect the public from animals and animals from the public. 307 H. Every precaution shall be made to isolate sick animals sufficiently so as not to endanger the health of other animals or persons. I. Every building or enclosure wherein animals are maintained shall be constructed of material easily cleaned and shall be kept in a sanitary condition. The building shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling shall be provided as required, according to the physical need of the animals, with sufficient light to allow observation of animals and sanitation. J. All animal rooms, cages, kennels and runs shall be of sufficient size to provide adequate and proper accommodations for the animals kept therein. K. Every animal owner shall provide their animals proper shelter and protection from the weather at all times. L. No person shall give an animal any alcoholic beverage or unlawful drug unless prescribed by a veterinarian. M. No person shall allow animals which are natural enemies, temperamentally unsuited, or otherwise incompatible, to be quartered together or so near each other as to cause injury, fear or torment for the animal. If two or more animals are trained to be placed together and do not attack each other or perform or attempt to perform any hostile act to the others, such animals shall be deemed not to be natural enemies. N. No person shall allow the use of any tack, equipment, device, substance or material that is, or could be, injurious or cause unnecessary cruelty to any animal. 0. No person shall fail to give working animals proper rest periods. Confined or restrained animals shall be given exercise proper for the individual animal under the particular conditions. P. No person shall work, use or rent any animal which is overheated, weakened, exhausted, sick, injured, diseased, lame or otherwise unfit. Q. No person shall allow any animal which an animal control officer has suspended from use to be worked or used. R. No person shall display for profit or otherwise any animals bearing evidence of malnutrition, ill health, unhealed injury or having been kept in an unsanitary condition. S. No person shall allow any animal to constitute or cause a hazard, or be a menace to the health, peace or safety of the community. (Ord. 415 § 1, 2005) 10.24.040 Maximum number of dogs. Except for licensed pet shops and kennels, no person shall own, keep or harbor, nor shall the owner or occupant of any premises keep or permit on or in such premises more than four dogs of four months of age or older. (Ord. 415 § 1, 2005) 10.24.045 Catteries. It shall be unlawful to maintain catteries in the city of La Quinta. (Ord. 415 § 1, 2005) 10.24.050 Keeping wild, exotic and dangerous animals and reptiles. A. No person shall own, keep, harbor or maintain on or in any premises within the city any wild, exotic, or dangerous animal or reptile without written consent of the animal control department or absent the proper applicable city, county, state and/or 308 federal permits. Denial of consent to keep a wild animal by the animal control department may be appealed within ten days of that denial. The request must be made in writing and delivered to the director of building and safety within ten calendar days of receipt of the animal control officer's decision, which decision shall include notification regarding the right and procedures for appeal of the decision. The director of building and safety shall appoint a person or contract an agency to provide a person who shall preside at a hearing and hear all facts and testimony presented and deemed appropriate. After a request for hearing is received, the date of the hearing will be scheduled not less than five days, but not more than thirty days, from the date of receipt of request for hearing. The hearings shall be held consistent with the procedural provisions set forth in Section 10.20.090(F) of this title. B. Subject to the city's zoning ordinances, only those wild animals, poultry, reptiles and exotic animals which are permitted by the laws of the state of California to be possessed, and for which a permit has been obtained from the Department of Fish and Game, which permit is current, shall be allowed within the city. C. All animals shall be registered with the animal control department. As a condition to registration, an owner of an animal must present a valid state permit to the animal control agency. Application and animal registration shall include, but not necessarily limited to, the following: 1. The applicant's name, address, telephone number and, if different, the address and telephone number of the proposed location where the animal is to be maintained and the purpose for the keeping of such animals; 2. A complete description and any identifying tattoos, microchips, brands, or similar marking of the animal, including its species, name, sex, date of birth and/or age; 3. Recent color photograph(s) of the animal; 4. A complete description of and plot plan showing the location and the facilities to be used to insure the keeping of the animal in a safe, secure, and humane manner; 5. Any information known by the applicant concerning vicious or dangerous propensities of such animal; 6. Prior history of incidents affecting the public health or safety involving said animal; 7. Noises and/or odors anticipated in keeping such animal; 8. Written assurance and any supporting instruments that the applicant is in compliance with all applicable local, state, and federal laws and regulations regarding such animal; 9. Any additional information required by the animal control department at the time of filing such application or thereafter. D. No permit will be granted under this section to a person who has been found guilty of cruelty to animals. E. An animal control officer may issue a city permit for a wild, exotic, and dangerous animal or reptile if each of the following conditions is met by the applicant to the animal control officer's satisfaction: (1) the requirements of the city zoning ordinance are met; (2) the applicant has obtained any other city, county, state and/or federal permits required under the law; (3) the applicant has otherwise complied with 309 city, county, state and/or federal having to do with the subject animal; (4) the applicant has made the necessary showing that adequate safeguards have been established and will be maintained in order to effectively control the dangerous or vicious propensities of such animal or reptile; (5) the applicant shows that any danger to individuals or property has been eliminated, that the keeping or maintaining of such animal or reptile will in no way constitute a nuisance to the occupants of any surrounding property, and that the proposed site is adequate in size and shape to accommodate the number and type of animals for which the permit is requested and will not result in harm to the animals or reptiles or material detriment to the use, enjoyment or valuation of the property of other persons located in the vicinity of the site; and (6) upon the applicant's payment of a fee in the amount set from time to time by resolution of the city council or in the absence of any such established amount, the licensing authority may collect and deposit in the appropriate accounts provided for such purpose a fee in the same amount as is applicable for similar dog licensing in unincorporated areas of the county. Such permit shall be valid only so long as the owner possesses all other required governmental permits and does not violate this title. F. The initial fee for the issuance of each permit shall be valid for one year. The fee for renewal of an unexpired permit shall be the same as for an original permit, unless modified by a resolution of the city council. Each succeeding year, a renewal permit shall be obtained by the holder of said permit. In the event such animal is relocated within the city, a renewal permit shall be obtained for that location at no cost to the owner. The fee for the issuance of a renewal permit shall be established by city council resolution or in the absence of any such established amount, the city may collect and deposit a fee in the same amount as is applicable for similar dog licensing in unincorporated areas of the county. The fee shall be due and payable each year on the anniversary of the date of issuance of the initial permit. If during the preceding year or years, more than one initial permit has been issued to an applicant, the former permits may be consolidated so that only one renewal permit exists; provided, however, that the renewal date for the consolidated permit shall be the expiration date of the earliest initial permit. G. The premises on which said animal is maintained shall be open at any reasonable hour for inspection by the animal control department. Permits issued pursuant to this section shall be surrendered for inspection by the permittee upon request of an animal control officer or law enforcement officer. H. The animal control department may revoke any permit issued pursuant to this section whenever an animal control officer determines from an inspection, or an inspection and report by the California Department of Fish and Game, or an investigation of a cruelty complaint, that any permittee fails to comply with all of the conditions of this title, or is found to be in violation of any city, county, state or federal law. A notice of revocation shall be provided to the permit holder. The notice shall state that it will not be effective for a period of ten calendar days, during which the permit holder may appeal the determination. The procedures for appeal shall be those set forth in subsection A of this section. Nothing in this section shall be construed to 310 prevent the animal control department from taking any and all actions permitted by law to prevent cruelty to animals. I. If, after having his or her permit revoked, the permittee proves to the satisfaction of the animal control department that each of the conditions and requirements set forth in this section and any other applicable section have been met, the animal control department will provide permittee a written notice indicating such compliance and, upon receipt of such written notice, the permit shall be deemed in full force and effect. Nothing in this section shall be construed to prevent the animal control department from refusing to reinstate such permit if it is believed to be in the best interest of the public or the health or safety of the animal involved. J. Notwithstanding any of the foregoing, the ownership of venomous reptiles shall be prohibited in the city. No person shall own, keep, harbor or maintain on or in any premises within the city any venomous reptile. Nothing in this section, or in this title, or in the city of La Quinta Municipal Code shall be construed as to allow the possession of such animals within the city limits with or without applicable permits. (Ord. 415 § 1, 2005) 10.24.060 Animals near buildings. It is a public nuisance and it is unlawful for any person to keep any animal, poultry, or bird, wild or domestic, except customary household domestic pets, within fifty feet of any building, school, church, hospital, or any residence or dwelling house or other buildings used for the habitation of human beings. (Ord. 415 § 1, 2005) 10.24.070 Animals on unsanitary premises. It is a public nuisance, and it is unlawful, for any person to keep or permit to be kept on any premises any wild or domestic animal, poultry, or bird, when the premises or the animal, poultry or bird is offensive, obnoxious, filthy, or maintained in any unsanitary condition. (Ord. 415 § 1, 2005) 10.24.080 Livestock prohibited in certain areas. No livestock or hoofed animal, barn yard poultry, or rabbits may be kept on any lot or combination of adjoined lots less than one acre in size as per this code. No person may keep more than two horses per one acre parcel. For parcels in excess of one acre, up to three horses per additional acre or portion thereof shall be allowed. Foals under one year of age shall not be counted in calculating the maximum number of horses under this section. (Ord. 415 § 1, 2005) 10.24.090 Disposal of carcasses. Unless otherwise instructed by city, state or federal officials, it is a public nuisance, and it is unlawful, for the owner, possessor, or the person responsible for the death thereof, to fail to cause any dead animal or part thereof to be buried later than six hours after the death of such animal. For purposes of this section, "buried" means to be placed underground so that there is at least three feet of soil above the carcass of the animal for animals weighing two hundred pounds or less and at least six feet of soil above the carcass of an animal weighing more than two hundred pounds. In the 311 alternative, "buried" for purposes of this section also means to be disposed of in some sanitary manner approved in writing by the city; provided, however, that this section shall not apply to animals slaughtered for and fit for human food or animals killed in violation of Chapter 10.16 of this title. (Ord. 415 § 1, 2005) 10.24.100 Dangerous animals from outside city jurisdiction. The owner of any animal introduced into the city which has been determined to be dangerous, vicious, a nuisance, or a threat to the health and safety of humans or animals by another jurisdiction, shall conform to the standards set forth in Section 10.20.090 of this title. (Ord. %15 5 1, 2005) An animal that has been declared dangerous or vicious in any legal hearing, as a result of aggressive behavior, outside the confines of the City of La Quinta, may not be relocated in La Quinta. 10.24.110 Keeping of guard dogs. It shall be unlawful to keep a guard dog on any premises, unless the guard dog is fenced within the premises or confined within the building and kept in such a manner that it cannot come into contact with persons or other animals that are lawfully on said premises. Any premises containing a guard dog shall also be posted at every fifty foot interval around the perimeter of the area guarded by the guard dog and at all entrances and exits to the area. In locations where the minimum outside dimensions are less than fifty feet, the signs shall be placed at the beginning and end of that premises. The signs shall state: "WARNING—GUARD DOG ON DUTY." Such signs shall also state the name, address, and telephone number of the guard dog company furnishing the dog for hire, if any, and the telephone number of the owner or caretaker of the premises. Each guard dog in use in the city shall be registered and licensed in the city and have a tag affixed to its collar which must be worn at all times. (Ord. 415 § 1, 2005) 10.24.120 Permit required. Any person or business desiring to transport into the city for any commercial or business related purposes, including, but not limited to, advertisement, circus, rodeo, petting zoo, or animal rental, any animals considered large or dangerous including, but not limited to, exotic, circus or fair type animals, rodeo animals, petting zoo animals, and large snakes, shall first obtain a permit from the animal control department. If requested, such person or agency will also make available to the animal control department the animal in question and veterinary records of the animal in question for the purpose of inspecting its health and safety. Such person or business shall make available to the animal control department the name, address, and contact information of the handlers/keepers of the animal for emergency purposes. Such person or business shall also make available to the animal control department the person or business emergency capture procedures and capture equipment for inspection purposes to insure the safety of the citizens of the city and 312 the safety of the animals in question. If, in the belief of the animal control department, the entry of such animals into or the continued presence of such animals in the city constitutes a threat to the public health and safety, said permit application may be denied. The permit, if issued, shall be subject to immediate revocation if the animal control department determines that the presence of such animals in the city constitutes a threat to the public health and safety. (Ord. 415 § 1, 2005) 10.24.130 Mandatory microchipping of dogs. A. All dogs over the age of four months must be implanted with an identifying microchip. The owner or custodian is required to provide the microchip number to the City, and shall notify the City of any change of ownership of the dog, change of address, or telephone number. Nothing in this section supersedes, eliminates, or alters the requirements of La Quinta Municipal Code 10.08.010, and any other licensing requirements of this chapter. B. Exemption. The mandatory microchipping requirements shall not apply to: 1. A dog with a high likelihood of suffering serious bodily injury, if implanted with the microchip identification. The owner or custodian of the animal must provide written confirmation of that fact from a California Licensed Veterinarian. C. Transfer and or sale of dogs. 1. An owner or custodian who offers any dog, at any age for sale, trade, or adoption must provide the microchip identification number and the valid dog license number with the offer of sale, trade or adoption. The license and microchip number must appear on a document transferring the dog to the new owner. Both the previous owner or custodian, and new owner, or custodian, are required to update the City with the name and address of the new owner or custodian in accordance with subdivision (A) of this section. Any violation of this chapter shall be subject to the penalties as noted in La Quinta Municipal Code 1.09.020. When an impounded do• is without microchip identification in addition to satisfying applicable requirements for the release of the animal, including but not limited to payment of impound fees, the owner or custodian shall: 1. Have the dog implanted with a microchip by a California Licensed Veterinarian, or authorized representative entirely at the owner, or custodian's expense. A written statement confirming that the microchip has been 313 implanted, must be provided to the City with the implanted microchip number. The dog in custody will be released to the owner or custodian after the procedure has been completed. 314 Chapter 10.28 OFFENSES 10.28.010 Dogs running at large. A. No owner or keeper of a dog shall allow or permit the dog, whether licensed or unlicensed, to be or run at large in or upon any public place or premises, or in or upon any unenclosed private place or premises, or in or upon any enclosed private place or premises other than those of the owner or keeper except with consent of the person in charge of the private place or premises where the dog is found, unless the dog is securely restrained by a substantial leash not exceeding twelve feet in length and is in charge and control of a person competent to keep the dog under effective control. No lead, leash, tether, or chain used to secure a dog on private property shall extend into the right-of-way. Voice control, electronic control, eye control or signal control shall not be considered adequate restraint. If any dog at large bites any person, the owner or guardian of such dog shall be deemed guilty of an infraction or a misdemeanor as provided in Section 10.16.090. B. Any animal found at large three times or more during any twenty-four month period shall be deemed a public nuisance. Such animal, upon impoundment, will be held until the owner provides secure containment for the animal and satisfactory proof of liability insurance. The owner shall be responsible for any fees incurred in holding the animal. If the owner fails to provide acceptable containment within thirty days, the animal may be destroyed by humane means after following the normal procedures for impounded animals. Only when acceptable containment has been provided, and approved by the animal control department, will the animal be released to the owner. The determinations by the animal control department shall be subject to appeal, and any appeal to a decision under this section shall be handled consistent with the hearing procedures as set forth in Section 10.20.090 of this title. (Ord. 482 § 3, 2010; Ord. 415 § 1, 2005) 10.28.015 Livestock/poultry at large. No owner or keeper of livestock or poultry shall allow, permit or suffer the animal or bird, whether licensed or unlicensed, to be or run at large in or upon any public place or premises, in or upon any unenclosed private place or premises, or in or upon any enclosed private place or premises other than those of the owner or keeper except with consent of the person in charge of the private place or premises. No lead, leash, tether, or chain used to secure any animal or poultry shall extend into the right-of- way. (Ord. 415 § 1, 2005) 10.28.020 Noise disturbances by animals. A. No person owning, keeping or having in his or her care or custody any animal shall knowingly permit the animal, by any barking or other noise or sound, to disturb any other person's peace and quiet. This section shall not be construed to prohibit the keeping of any watchdog, provided the keeper thereof takes immediate steps to quiet the dog whenever it barks, and provided the keeper never leaves the dog unattended on the premises in a place where the dog is barking, if prolonged or if repeated an undue number of times, disturbs any other person's peace and quiet. 315 B. No person, after being informed orally or in writing that his or her animal has by noise or sound disturbed any other person's peace and quiet, shall fail, refuse or neglect to take whatever steps or use whatever means is necessary to ensure that the dog or animal does not again disturb the other person's peace and quiet. (Ord. 415 § 1, 2005) 10.28.025 Animal defecation to be removed by the owner. A. Any person owning, keeping or having in his or her care or custody any animal shall not fail, refuse or neglect to clean up any feces of the animal immediately and dispose of it in a sanitary manner wherever the animal has defecated upon public or private property without the consent of the public or private owner or person in lawful possession or charge of the property. B. The provisions of subsection A of this section shall not apply to a blind person being accompanied by a guide dog, nor shall they be construed to allow any act of trespass upon private property. Whenever the feces to be cleaned up cannot be reached without significant trespass upon the private property on which the feces is located, the person having the duty pursuant to subsection A of this section to take action shall first obtain consent to do so from the owner or person having lawful possession or charge of the property. (Ord. 415 § 1, 2005) 10.28.030 Retention of animal by one other than owner. No person shall, without the knowledge or consent of the owner, hold or retain possession of any dog or other animal of which he or she is not the owner for more than twenty-four hours without first reporting the possession of which to the animal control officer, giving his or her name and address and the true description of the dog or other animal, and then causing the dog or other animal to be impounded at the city shelter or city -contracted shelter for return to the owner. Any person so holding an animal shall surrender such animal upon demand of the animal control officer. At the discretion of the animal control officer, any such finder of a dog or other animal may be allowed to retain possession of the dog or other animal in lieu of impoundment. In such a case, the animal control officer shall make all normal and regular efforts to ascertain the true owner of the dog or other animal and advise him or her of the whereabouts of the dog or other animal. (Ord. 415 § 1, 2005) 10.28.040 Unauthorized removal of animal from shelter. No person shall remove any impounded animal from the city shelter or city - contracted shelter without the consent of the animal control officer. No person shall remove any animal from the custody of the animal control officer, including any animal control department vehicle or any vehicle in use by the animal control department or from any humane live trap in use by the animal control department or its authorized agents. (Ord. 415 § 1, 2005) 10.28.050 Dogs at public schools prohibited. No person shall bring any dog, except a seeing eye dog for the blind, a signal dog for the deaf, or a service dog for the handicapped, onto any public school property while 316 school is in session. This section shall not, however, be deemed to prohibit the use of dogs on school property for teaching or other school uses when approved by the proper school authorities. (Ord. 415 § 1, 2005) 10.28.060 Interference with police dogs. No person shall willfully or maliciously torture, torment, beat, kick, strike, mutilate, injure, disable or kill any dog being used by any law enforcement officer in the performance of his or her duties, or interfere with or meddle with any such dog while being used by such officer in the performance of any of his or her functions or duties. (Ord. 415 § 1, 2005) 10.28.070 Public nuisance. A. The introduction, ownership, possession or maintenance of any animal, or the allowing of any animal to be in contravention to this title is, in addition to being a violation of the applicable section, declared to be a public nuisance. The city manager or designee, the animal control officer, the county health officer, and peace officers are authorized, directed and empowered to summarily abate any such public nuisance independently of any criminal prosecution or the results thereof by any means reasonably necessary including, but not limited to, the destruction of the animal or animals involved when appropriate or by the imposition of specific reasonable conditions and restrictions for the maintenance of the animal. B. Any person who fails to comply with any conditions and restrictions imposed pursuant to this section shall be guilty of a misdemeanor. The owner shall reimburse the city for all costs incurred in verifying compliance and enforcing the provisions of this section. The city may also commence proceeding in accordance with the provisions of Chapter 11.72 of this code relative to abatement procedures for public nuisances. C. Any person violating the provisions of this chapter shall reimburse the city for any and all costs incurred by the city in responding to, investigating, assessing, monitoring, treating, cleaning, removing, or remediating any action taken or condition caused in violation of this chapter. Such costs to be paid to the city shall include all administrative expenses and all legal expenses, including costs and attorney's fees in obtaining compliance and in litigation, including all costs and attorney's fees on any appeal. The costs to be recovered pursuant this section shall be recoverable from any and all persons violating this chapter. (Ord. 415 § 1, 2005) 10.28.080 Confining animals in motor vehicles. A. No person having ownership, charge, or custody of an animal, as owner or otherwise, shall place or confine an animal or allow such animal to be placed or confined or to remain in an enclosed vehicle or for such period of time as may endanger the health or well-being of such animal due to heat, cold, lack of food or such other circumstances as may reasonably be expected to cause suffering, disability or death. In such circumstances, an animal control officer may act in the best interest of the animal, including taking action to remove the animal in cases of immediate threat. This section shall not be applicable to animals which are in an animal control 317 officer's or a peace officer's vehicles while such animal control officer or peace officer is engaged in their duties. B. When an animal has been removed from a vehicle pursuant to this section, the animal control officer shall cause to be posted in a conspicuous place on said vehicle a notice which shall state that the animal has been removed from the vehicle pursuant to La Quinta Municipal Code Section 10.28.080, where the animal has been impounded, the procedure whereby the owner of said animal may regain custody of the animal, and notice that the owner may be liable for impound fees and costs. (Ord. 415 § 1, 2005) 10.28.090 Causing another person's animal to be disposed of. A. Every person contacting the city's animal control department or taking an animal to the animal control department for impoundment or disposal shall, if the animal is not owned by him or her, inform the animal control department who the lawful owner is, if known, and where and when the animal was found. If the lawful owner cannot be determined, the animal control officer shall keep the animal as prescribed in Section 10.20.030 of this title. B. It shall be unlawful for any person to take, deliver, or have delivered an animal to the animal control officer or the city shelter or city -contracted shelter for impoundment or disposal without disclosing to the animal control officer or the city shelter or city -contracted shelter the name of the lawful owner of such animal, if known. C. It shall be unlawful for any property owner, or responsible person(s), including any natural person, the parent or the legal guardian of any natural person under the age of eighteen years, any corporation, association, organization, estate, group, combination acting as a group, or any officer, agent, employee, or servant of any of the foregoing, to fail to board any animal left behind by a tenant. Any property owner or responsible person that fails to make arrangements for the humane sheltering and care of said animal for the length of time required by law and/or fails to make arrangements with the sheltering agency is in violation of this section. D. Enforcement of this section shall be performed by citation. Each day such violation is committed or permitted to continue shall constitute a separate offense. When an animal is found at large and is known to be from a vacant property, it shall be deemed in violation of this section if the property owner or responsible person fails to take control of the animal immediately. Not withstanding any other provisions of this code, the fine for violation of this section after receiving a warning from the animal control officer shall be one hundred dollars for a first offense, two hundred dollars for a second offense, and four hundred dollars for third and all subsequent offenses. In order for the fines to escalate for multiple offenses as described herein, the offenses must occur within a twelve-month period. (Ord. 415 § 1, 2005) 10.28.100 Feeding of wild animal prohibited. No person shall feed or in any manner intentionally provide food as sustenance or to encourage domesticity in a nondomesticated or wild animal with the exception of a 318 bird feeder in the yard. A person may feed or provide food to a wild animal under the following circumstances: A. When the wild animal is maintained, treated or fed pursuant to a valid certificate or permit issued by the state of California or an agency of the United States Government; B. When the wild animal is maintained, treated or fed between the time the animal control officer or Humane Society is notified and the wildlife is picked up by an appropriate agency. (Ord. 415 § 1, 2005) 10.28.110 Wildlife protected. Other than in self-defense, no person shall kill, capture or molest any species of wild animal or damage the nest or eggs of any wild animal within the city, except any poisonous reptile or insect; provided, however, that if it is determined by the city manager, or authorized representative, that wild animal has become a menace to any person's health, safety or property, the city manager shall issue a permit authorizing any person to kill or capture the wild animal. In no event shall any person use or employ poison or diseased material to kill or capture wild animal. This section shall not pertain to rats and vermin animals unless such animals are otherwise protected under the law. (Ord. 415 § 1, 2005) 10.28.120 Importing or transporting diseased animals. A. It is unlawful for any person to bring or receive in, or to transport from place to place within the city any animals affected with any contagious, infectious, or communicable disease without written permission from the animal control department, except such diseased animals as are specifically permitted to enter the state of California and the county of Riverside under federal or California state regulations, and only under the conditions and for the purpose prescribed in the federal and state regulations governing the movement of such animals. This section shall not apply to actions taken except for the purpose of immediate destruction by humane means, or for immediate medical treatment. All animals brought into the city in violation of this section shall be subject to possible quarantine, examination and test, all at the expense of the owner, by the animal control officer or his or her appointed agents, who may dispose of such animals consistent with the provisions of this title to safeguard the health, safety, and welfare of the residents of the city and the protection of the health of the animals therein. B. It is unlawful for any person to bring into or receive in, or to transport from place to place within, the city, any animal of a species known to be capable of carrying the rabies virus from any other jurisdiction, city, county, state or country in which a reported case of rabies exists or has existed within the preceding six months. (Ord. 415 § 1, 2005) 319 320 BUSINESS SESSION ITEM NO. 4 City of La Quinta CITY COUNCIL MEETING: JULY 7, 2015 STAFF REPORT AGENDA TITLE: RE -INTRODUCE ORDINANCE 526 AMENDING SEVERAL CHAPTERS OF MUNICIPAL CODE TITLE 5 RELATING TO BUSINESS REGULATIONS AND DELETING CHAPTERS 5.16, 5.28, 5.44, 5.52, AND 11.60 RECOMMENDATION A) Move to take up Ordinance No. 526 by title and number only and waive further reading. B) Move to re -introduce at first reading, Ordinance No. 526 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 City Council introduced and agreed to revisions to 15 chapters of Municipal Code Title 5 at its June 16, 2015 meeting. On June 22, 2015, the Supreme Court ruling on City of Los Angeles v. Patel was published necessitating further revisions to Chapter 5.24, Section 5.24.030 ACCESS TO REGISTER. Due to the substantial revisions to Section 5.24.030, Ordinance No. 526 must be re -introduced. Changes to this Section are shown on Attachment 1. FISCAL IMPACT None. BACKGROUND/ANALYSIS CHAPTER 5.24 HOTEL REGISTRATION [AND OCCUPANCY] 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. Additionally, Section 5.24.030 ACCESS TO REGISTER has been amended by the City Attorney to reflect the Supreme Court ruling that hotel proprietors have the option, with some exceptions, to request an appellate review by judicial or local officials should they object to an inspection of their register by police, code enforcement or audit staff. 321 ALTERNATIVES Since Council reviewed and agreed to all revision to the 15 Chapters of Title 5 at a previous meeting, and since the additional change to Section 5.24.030 is required to comply with a Supreme Court ruling, no alternatives are recommended. Report prepared by: Susan Maysels, City Clerk Report approved by: Frank J. Spevacek, City Manager Attachment: 1. Section 5.24.030 Tracked Changes 322 ORDINANCE NO. 526 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 323 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 7th day of July 2015 by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California 324 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 326 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 327 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 328 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. 329 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 330 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. 331 B. Payment shall be made to the County Sheriff's 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 delete 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. 332 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 333 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. 334 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. 335 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 adult 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, and city audit staff members. If an owner, keeper or proprietor of a hotel objects to an inspection of the register required by this chapter, an opportunity for pre -compliance review shall be granted unless an administrative or judicial warrant or subpoena has been issued, or an exigent 336 circumstance or other exception to obtaining a warrant or subpoena applies. For purposes of this chapter, "pre -compliance review" means any administrative or judicial process available for review by a neutral decision -maker, including by a neutral hearing officer pursuant to Chapter 1.09. The register shall be subject to temporary impoundment if a police officer or city audit staff member reasonably suspects that a hotel operator may tamper with the registry pending a decision for the pre -compliance review. 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. Z. 1 \ _ 1I 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. 337 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 2661; 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. 338 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. J. "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. 0. "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 339 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, (f) 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. 340 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: 341 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; 342 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. 343 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. 344 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. 345 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 346 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. 347 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. 348 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. 349 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 [INSERT EFFECTIVE DATE OF THIS ORDINANCE] (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 350 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 [INSERT EFFECTIVE DATE OF THIS ORDINANCE] (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. 351 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. 352 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. 353 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 Sunline 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 Sunline Transit Agency and Sunline Services Group, two California joint 354 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 Sunline 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 Sunline Transit Agency and Sunline Services Group. C. In the event that the city takes official action to no longer be a member of the Sunline Transit Agency or Sunline Services Group, or the city takes official action to no longer be a party to the Implementation Agreement Authorizing the Sunline 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 Sunline Transit Agency and Sunline 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. i ne vi BROKERS - delete 355 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; 356 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 357 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 5.52 PRIVATE PATROLS delete 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: 358 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. 359 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. 360 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. 361 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. 362 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. 363 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. 364 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 365 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 366 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 367 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. 368 "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. 369 "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 370 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 371 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.; 372 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 373 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. 374 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; 375 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"; 376 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: 377 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 20 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. 378 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. 379 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 380 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 381 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 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 382 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. 383 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 384 ATTACHMENT 1 Chapter 5.24 HOTEL REGISTRATION AND OCCUPANCY 5.24.010 Registrationef required. Every owner, keeper or proprietor of any lodginghouse, roominghouse, recreation vehicle park, hotel or motel shall keep a register wherein the 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. (Ord. 10 § 1, 1982) 5.24.020 Form of register regi, n.; retention of register. The register required in Section 5.24.010 shall also show the day of the month and year when guest in the lodginghouse, roominghouse or hotel. (Ord. 10 § 1, 1982) 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,_—e-r—any regular policeman officer of this city, code enforcement officer, and city audit staff members. If an owner, keeper or proprietor of a hotel objects to an inspection of the register required by this chapter, an opportunity for pre -compliance review shall be granted unless an administrative or judicial warrant or subpoena has been issued, or an exigent circumstance or other exception to obtaining a warrant or subpoena applies. For purposes of this chapter, "pre -compliance review" means any administrative or judicial process available for review by a neutral decision -maker, including by a neutral hearing officer pursuant to Chapter 1.09. The register shall be subject to temporary impoundment if a police officer or city audit staff member reasonably suspects that a hotel operator may tamper with the registry pending a decision for the pre -compliance review. 5.21.040 Duty to require registration. Before furnishing any lodging for hire to any person in any lodginghouse, or before renting any guest at any hotel or motel, the proprietor, manager or owner thereof shall require the person to whom the lodgings are furnished, or room is rented, or accommodations furnished, to inscribe his name and address in the register kept for that purpose as provided in this chapter, 385 ATTACHMENT 1 occupied by the lodger, roomer or guest. (Ord. 10 § 1, 1982) 5.24.0460 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. (Ord. 10 § 1, 1982) 5.24.0560 False name or address. No person referred to in Section 5.24.0350 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) Chapter 11.60 OCCUPANCY OF HOTEL ROOMS BY MINORS MOVE 11.60 INTO CHAPTER 5.24 AND DELETE CHAPTER 44.60 11.60.010 Definition . 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 any hotel 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) 11.60.030 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) 11.60.010 5.24.070 Duty of parent or adult. No adult or parent registering with a minor child, as provided in Section 5.24.050 11.60.030, 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) 386 STUDY SESSION ITEM NO. City of La Quinta CITY COUNCIL MEETING: July 7, 2015 STAFF REPORT AGENDA TITLE. CONSIDER RESOURCES TO INCREASE CODE COMPLIANCE OPERATIONS RECOMMEDATION Provide direction to staff regarding code compliance operations. EXECUTIUF SUMMARY • In January 2013, Code Compliance/Animal Control staff was reduced from nine to five officers, which resulted in code compliance efforts focusing on responding to complaints. • Limited code compliance efforts have resulted in an increase in code violations in both residential and commercial areas. • In the interest of increasing code compliance efforts, resource options are proposed for City Council consideration. FISCAL IMPACO Two options are proposed: 1) Adding one Animal Control/Code Compliance Officer ("Officer") at an initial annual cost of $113,000 ($95,000 for the fully burdened employee cost and $18,000 for an animal control vehicle and associated equipment operations and maintenance costs); or 2) Outsourcing all animal services to Riverside County, estimated at $135,000 (the City currently expends $15,000 annually for after hours and Sunday on-call assistance so the net cost would be $120,000). BACKGROUND/ANALYSIS In January 2013 code compliance staffing was reduced as part of an overall City reorganization. When this occurred, the City's Executive Team committed to evaluating code compliance efforts and identifying new approaches. Since 2013, code compliance has been generally limited to addressing complaints. Current staff resources include four Officers and a Supervisor. Each Officer performs both animal control and code compliance duties. Daily, one Officer is assigned to animal control. The other Officers provide backup support as needed, and address other non -animal code compliance. The City provides animal control from 8 a.m. to 5 p.m. Monday through Saturday; Riverside County Department of Animal Services (RCDAS) provides on-call animal control service after hours and all day Sunday. In analyzing service calls, there has generally been a one to one ratio between calls for code compliance and animal control services. Put another way, for every code 387 compliance action, the City performs an animal control action. As such, when the staff Project Action Team or PAT (comprised of Code, Community Development and City Manger staff) reviewed data to identify options, the data showed that animal control service needs must be addressed in order to make time to address/increase code compliance initiatives. The number of code issues has steadily increased over the past 24 months. Since the Officers split their time between responding to animal control matters and addressing code compliance complaints, Officers are frequently challenged to find the time to address code compliance in a timely manner. As a result, there is minimal time to proactively address abandoned or unlicensed vehicles, illegal signs, or monitoring neighborhoods with a history of code compliance issues. The PAT formulated a pro -active code compliance program that included the following elements: • Reviewing current codes to identify their need and verify their relevance. • Engaging in community dialogue on a neighborhood level to review City standards, discuss compliance measures, and enlist stakeholders in community improvement activities. • Procuring grant and other outside funds to conduct neighborhood cleanup campaigns, dumpster rentals, and household waste and large object disposal initiatives. • Establishing a code compliance implementation strategy wherein resources are pledged on a pro -active basis to assist the neighborhoods that experience the most acute code challenges. Attachment 1 outlines the program parameters the Project Action Team developed. Resource Deployment Options In order to launch a pro -active code compliance effort, the question of how to best handle the City's animal control service needs must be addressed. The PAT formulated the follow options: • Contract all animal control services with Riverside County. RCDAS' after-hours and Sunday on-call services was implemented in 2013 and to date has been successful. Currently six of the nine Coachella Valley cities contract 100 percent of their animal control services with RCDAS (Cathedral City, Coachella, Desert Hot Springs, Indio, Indian Wells, and Palm Desert). Palm Desert provides the closest comparison to La Quinta in demographics and expected level of service. Discussions with Palm Desert staff who manage the RCDAS contract indicated that the City is very satisfied with the service they receive. Staff has discussed contract options with RCDAS. The preferred option would entail contracting for a dedicated -to -La Quinta animal control officer for 40 hours/week, Monday through Friday, with on-call support available after hours and weekends. City staff would no longer provide animal control services, freeing up a minimum of 52 hours per week to focus on code compliance. 388 The total annual cost is $135,000; this estimate is based upon general information provided by RCDAS, actual La Quinta on-call service history for the past two years, and review of the costs Palm Desert has experienced. Since the City currently contracts with RCDAS for after hours and Sunday on-call service ($15,000), the projected cost for this additional service would be $120,000. • Adding an Animal Control/Code Compliance Officer: The four existing Officers provide both animal control and code compliance services. A second option would to add a full time Officer. Doing so would provide an additional 40 hours to address code compliance matters, and share the animal control and animal control backup assistance duties. Implementing this option would require replacing one of the animal control vehicles at a one-time cost of $65,000. The annual cost for this alternative is estimated at $113,000. The RCDAS after hours and Sunday on-call service would remain. Staff is seeking City Council input on these alternatives. Report prepared by: Les Johnson, Community Development Director Report approved by: Frank J. Spevacek, City Manager Attachment: 1. Benefits of Additional Code Compliance Resources 389 ATTACHMENT 1 Tidy at seiziQttlitrw Benefits of contracting Animal Control duties to Riverside County Department of Animal Services Current staff of 4 officers and a supervisor would be enabled to focus staff resources entirely to Code Compliance duties. ❖ Varying amount of officers, from 3 to 1, would devote their time addressing code only issues Monday through Friday, when they normally back up the lead Animal Control officer daily, and are pulled from their Code Compliance duties on a regular basis. ❖ The City would gain 52 hours normally dedicated to the lead Animal Control officer's duties which would be redirected to Code Compliance duties. (Mon — Thurs 9 hr. days, Fri- Sat 8 hr. days). .,. Saturday Animal Control patrol, could be entirely focused on Code Compliance patrol which would enable the officer to more effectively pull signs on Hwy 111 corridor including election time, deal with sign twirlers, contact RSO regarding pan handlers, address unpermitted garage sales, address unpermitted events (car washes, food vendors), unpermitted construction, encroachment on travel ways, dumping, illicit discharges etc. Officers would be able to be more proactive v. reactive, and could also dedicate more time to vehicle abatement, which would enhance revenues. ❖ The Code officers could also make contact at properties where the front yard landscaping is not well maintained, and promote, and market programs CVWD has in place regarding turf reduction related to water conservation, and grant programs if instituted by the City for matching funds for turf reduction, and grants for Facade Improvement Program. ❖ Alternative: Hiring additional officer(s) to do dual duties of AC/CC. Hiring an additional officer would increase one additional officer in the rotation, and each officer would have more time to do Code Compliance. 78-495 Calle Tampico I La Quinta 1 California 92253 1 760.777.7000 1 www.La-Quinta.org 390 STUDY SESSION ITEM NO. 2 City of La Quinta CITY COUNCIL MEETING: July 7, 2015 STAFF REPORT AGENDA TITLE: DISCUSS RETAINING LOBBYIST SERVICES RECOMMENDATION Provide direction to staff. EXECUTIVE SUMMARY On May 19, 2015, City Council approved a legislative policy guide update and discussed enhancing the City's legislative initiatives, including hiring a lobbyist. Staff surveyed Coachella Valley cities regarding their use of lobbyists, participation with the League of California Cities, and approach to addressing legislative priorities (Attachment 1). Cities with contracted lobbyist's services have the lobbyist perform duties ranging from monitoring legislation to providing the City direct access to State departments. Should Council elect to pursue contracted lobbyist services, staff will release a request for proposal (RFP) and report back to Council in September. FISCAL IMPACT None. BACKGROUND/ANALYSIS At the May 19, 2015 City Council meeting, staff presented Council with options to enhance the City's legislative initiatives including retaining a lobbyist and increasing engagement with the League of California Cities. The City has never retained a dedicated contract lobbyist; however, lobbyist services have been utilized to advance the City's objectives on special projects like redevelopment dissolution. Advantages of hiring a lobbyist include: Lobbyists are professionals in their field, providing expertise in legislative strategy and technique to facilitate legislation through the process. They can identify where leverage needs to be applied and can point out pitfalls, through their understanding of the political climate in the state. Assisting the City in advancing good relations with legislators that may pay off well into the future. 391 Lobbyist services can, however, be costly; the preliminary range is $40,000 to $100,000. In addition, staff would still need to draft correspondence to legislators and regulators, monitor the legislative process in conjunction with a lobbyist, review the Senate and Assembly daily files, and continue its active participation with coalitions and stakeholder groups working on post redevelopment matters. The Cities of Indian Wells and Palm Desert both utilize the same firm, Joe A. Gonsalves and Sons. In conversations with the contract managers from those cities, they indicated the lobbyist has been helpful by directly connecting them with the California Department of Finance and with any State Department on a personal basis. A summarized scope of work for those contracts is further detailed in Attachment 2. Should the Council elect to retain a contract lobbyist, staff recommends proceeding with a RFP process to most effectively evaluate services and pricing. As such, the RFP will require proposers to provide a separate cost to track state grant funding opportunities, which is a function currently done by in-house staff. A proposed schedule for a lobbyist RFP process is: Milestone Schedule Circulate RFP July - August Recommendation to City Council September 15, 2015 2016 Legislative Session Begins January 2016 ALTERNATIVES As the Council expressed a desire to further look into contract lobbyist services, staff does not recommend an alternative. Report prepared by: Chris Escobedo, Assistant to City Manager Report approved by: Frank J. Spevacek, City Manager Attachments: 1. Survey 2. Lobbyist Services for Indian Wells and Palm Desert 392 City Lobbyist Y/N? League of California Cities City Staff's Role La Ouinta No Actively participates in legislative webinars Reviews Letters of Action Follows League updates Utilizes Legislative Policy Guide Su ggests Letters of Support and Opposition Actively Monitors Legislation Staff participates in various Coalitions Indian Wells Yes Gonsalves & Sons Firm $36,000 / Year Is represented by Lobbyist Communicate and Consult with Lobbyist Rrm Participate in various Coalitions Palm Desert Yes Gonsalves & Sons Firm $36,000 / Year Is represented by Lobbyist Communicate and Consult with Lobbyist Firm Participate in various Coalitions Has a "Legislative Review Committee" composed of Staff and Bected Consults with League of California Oties actively Cathedral City No Monitors League information Follows League updates Actively Monitors Legislation Staff participates in various Coalitions Consults Council regarding Letters of Support & Opposition Coachella No Monitors League information Follows League updates Actively Monitors Legislation Staff participates in various Coalitions Consults Council regarding Letters of Support & Opposition Desert HotNo Springs Monitors League information Follows League updates Actively Monitors Legislation Staff participates in various Coalitions Consults Council regarding Letters of Support & Opposition Indio No Actively participates in legislative webinars Reviews Letters of Action Follows League updates Actively Monitors Legislation Staff participates in various Coalitions Consults Council regarding Letters of Support & Opposition Palm Springs No Actively participates in legislative webinars Reviews Letters of Action Follows League updates Actively Monitors Legislation Staff participates in various Coalitions Supports Council decision regarding Legislation Rancho Mirage No Receives quarterly summary of legislative activity by League Representative. Activity participates in legislative webinars. Reviews Letters of Action. Follows League Updates. Every quarter a League representative visits the council and provides a legislative report. The Qty Attorney works with council to be as proactive as possible regarding legislative matters. 393 394 INDIAN -ELLS City: Indian Wells, California Contracted Lobbyist: Gonsalves & Sons Firm Contract Cost: $3,000 / Month Scope of Services Provided: Through a conversation with City Manager Wade McKinney, the lobbyist firm is known to perform the following duties: Weekly reports of the legislative environment Present at Council meetings upon request Have provided direct access to the Department of Finance as well as most State Departments through personal relationships to be the voice of the City Assistance in drafting letters of support and opposition Coordination of meetings with the Governor's Office, State Department Representatives, and other Legislators Review of legislative bills introduced and inform City of those affecting its interests City: Palm Desert, California Contracted Lobbyist: Gonsalves & Sons Firm Contract Cost: $3,000 / Month Scope of Services Provided: Through a conversation with Risk Manager Steven Aryan, the lobbyist firm is known to perform the following duties: Reviews all Bills introduced and notifies of those that may affect City's interests Acts as an official representative of the City for all legislative affairs Advocates for the City's Legislative interests whenever possible Assists in drafting letters of support and opposition Coordinates meetings with the Governor's Office, State Department Representatives, and other Legislators 395 396 DEPARTMENT REPORT ITEM NO. City of La Quinta CITY COUNCIL MEETING DEPARTMENT REPORT TO: The Honorable Mayor and Members of the City Council FROM: Chris Escobedo, Assistant to City Manager Frank J. Spevacek, City Manager DATE: July 7, 2015 SUBJECT: COACHELLA VALLEY ECONOMIC PARTNERSHIP IHUB ACCELERATOR PROJECT PLANNING GRANT REPORT In November 2013, the City Council appropriated $40,000 to fund a study by the Coachella Valley Economic Partnership (CVEP); CVEP was exploring establishing a iHub Accelerator Network project in the Eastern Coachella Valley. CVEP and the University of Redlands were awarded a $200,000 federal planning grant under the Invest in Manufacturing Communities Partnership program (IMCP) to support the development of an advanced manufacturing innovation center. In order to utilize the grant funds, the granting agency required CVEP to receive $200,000 in local matching funds from regional stakeholders. The County of Riverside, Coachella Valley Enterprise Zone (CVEZ) and the Cities of Coachella, Indio, La Quinta, and Palm Desert were approached to partner in this program. In the end, all partners committed to the effort except for Coachella and CVEZ as it was in the process of being dissolved. CVEP funded the City of Coachella's share. There were two phases to the IMCP grant process. CVEP secured the planning grant funds for Phase 1, which would generate a series of deliverables for a second grant application to the federal government (Phase 2). The key deliverables were: • Development of a geographic information system tool operated by CVEP and accessed without charge by the City and CVEP investors; • Industry cluster opportunity assessment in advanced manufacturing; • Identification of potential iHub and accelerator facilities; • Recommendation of career technical training programs to support advanced manufacturing and technology startups; • An internal trade and export plan; and • Business operations plan for the iHub. The grant application was not shared with staff to verify the key deliverables. 397 The second phase would have enabled CVEP to apply for up to $25 million to implement the strategies developed during the Phase 1 process, and it would also require local matching funds. CVEP was unsuccessful in securing the Phase 2 grant. On June 11, 2015, the City received a three-ring binder inclusive of all project element deliverables. The items contained in the binder are as follows. • Business Plan - East Valley iHub, August 2014 • Economic Impact - iHub Strategy, March 2014 • Big Data for Growth (1), March 2015 • Big Data for Growth (2), March 2015 • Renewable Energy Manufacturing Case Study, July 2014 • Medical Device Manufacturing Case Study, March 2015 • Advanced Manufacturing Case Study, March 2015 Three reports included in the binder completed in March 2015 had not previously been submitted to the City. The new reports related ways to use big data to develop economic development strategies and a report on advanced manufacturing. A copy of the binder is available in the City Manager's department for further review. CVEP's delivery of these materials concluded this contract. The City's economic development staff has reviewed the materials and is identifying how they may be best utilized. Given that CVEP was unsuccessful in securing the Phase 2 grant, it will up to the east Valley cities, the County and the East Valley Coalition to identify and implement the next steps. 398 CALL TO ORDER PLANNING COMMISSION MINUTES TUESDAY, MAY 12, 2015 A regular meeting of the La Quinta Planning Commission was called to order at 7:00 p.m. by Chairperson Wright. PRESENT: Commissioners Bettencourt, Blum, Fitzpatrick, Wilkinson, and Chairperson Wright ABSENT: None STAFF PRESENT: Community Development Director Les Johnson, Principal Engineer Bryan McKinney, Associate Planner Wally Nesbit, and Executive Assistant Monika Radeva Commissioner Bettencourt led the Commission in the Pledge of Allegiance. PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Confirmed APPROVAL OF MINUTES Motion - A motion was made and seconded by Commissioners Blum/Bettencourt to approve the Planning Commission Minutes of April 14, 2015, as submitted. Motion passed unanimously. PUBLIC HEARINGS - None BUSINESS SESSION - None CORRESPONDENCE AND WRITTEN MATERIAL - None COMMISSIONER ITEMS 1. Report on City Council meetings of April 21 and May 5, 2015. 2. Commissioner Fitzpatrick is scheduled to attend the May 19, 2015, City Council meeting. PLANNING COMMISSION MINUTES 1 MAY 12, 2015 399 DIRECTOR'S ITEMS 1. La Quinta Village Discussion Discussion followed with regards to commercial and residential land uses in the Village, development standards, parking, pedestrian and traffic calming improvements, etc. Staff noted that there were two Community Outreach Workshops scheduled on Thursday, May 21, 2015, at 4:30 p.m. and 6:00 p.m. at the La Quinta Museum, geared towards engaging the community for feedback about the current perception and future interest in the Village. Staff encouraged the Commission to assist staff in facilitating the events. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Bettencourt/Blum to adjourn this meeting at 8:40 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RAM EVA, Executive Assistant City of La Quinta, California PLANNING COMMISSION MINUTES 2 MAY 12, 2015 400 CALL TO ORDER PLANNING COMMISSION MINUTES TUESDAY, JUNE 9, 2015 A regular meeting of the La Quinta Planning Commission was called to order at 7:00 p.m. by Chairperson Wright. PRESENT: Commissioners Bettencourt, Blum, Fitzpatrick, Wilkinson, and Chairperson Wright ABSENT: None STAFF PRESENT: Community Development Director Les Johnson, Principal Engineer Bryan McKinney, Consultant Principal Planner Nicole Criste, and Executive Assistant Monika Radeva Commissioner Wilkinson led the Commission in the Pledge of Allegiance. PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Confirmed APPROVAL OF MINUTES Motion - A motion was made and seconded by Commissioners Blum/Bettencourt to approve the Planning Commission Minutes of May 12, 2015, as submitted. Motion passed unanimously. PUBLIC HEARINGS 1. Site Development Permit 2014-1007 and Minor Adjustment 2015-0003 submitted by Peter J. Pitassi proposing the development of 57 single-family homes on 20.18 acres. Project: The Estate Collection at Coral Mountain. CEQA: previously analyzed under Environmental Assessment 2005-541; no further review is required. Location: southwest corner of Avenue 60 and Madison Street. Consultant Principal Planner Nicole Criste presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Chairperson Wright declared the PUBLIC HEARING OPEN at 7:12 p.m. PLANNING COMMISSION MINUTES 1 JUNE 9, 2015 401 Public Speaker: Mr. Peter J. Pitassi, AIA, LEED AP with Diversified Pacific, Rancho Cucamonga, CA - introduced himself, gave a detailed presentation of the project, said there were no objections to the proposed Conditions of Approval, and answered the Commission's questions with regards to the use of synthetic versus natural turf for the common area, the phasing of the project, the use of domestic water for the existing lake, architectural design, elevations, and fire access requirements. The Commission expressed concerns with regards to the use of an excessive amount of turf for the dog park and the use of potable water for the existing lake merely for aesthetics and the likelihood of it meeting the water district's requirements in the current state of drought. The applicant asked the Commission for an opportunity to work with the water district and staff to reduce the amount of the proposed turf and to explore the possibility of draining the existing lake and landscaping the area. Discussion followed regarding the already approved 24 lot community as part of The Estates at Coral Mountain development located across the street on the north side of Avenue 60. The Commission asked if the CC&Rs would impose any restrictions to prevent the construction of new pools within this development, and to comply with the water district's water use reduction regulations for rear and front yard landscaping. The applicant replied that front yard landscaping would be installed and each homeowner would be subject to the new water use regulations; however, there was no intention to prohibit future homeowners from the ability to construct a pool through the master homeowners association. The Commission inquired if the water district currently had any mandates prohibiting the construction of new pools. Staff replied there were none at this time. Discussion followed regarding the potential street and landscaping improvements that would be required at the time of build -out and in the future along Madison Street. Chairperson Wright declared the PUBLIC HEARING CLOSED at 8:15 p.m. Commission discussion followed expressing a concern to move for approval of any project that contained a merely aesthetic potable water feature and decorative use of turf in the common areas. Motion - A motion was made and seconded by Commissioners Bettencourt/Fitzpatrick to adopt Resolution 2015-006 approving Site Development Permit 2014-1007 and Minor Adjustment 2015-0003 as submitted with staff's recommendations and the addition of the following two Conditions of Approval: PLANNING COMMISSION MINUTES 2 JUNE 9, 2015 402 Site Development Permit 2014-1007 - Exhibit A 20. The Final Landscape Plan shall be amended as follows: A. Turf in the central common area (Lot I) and the mailbox area shall be eliminated and replaced with drought tolerant landscaping. B. The water feature in Lot G shall be eliminated (unless converted to a non - potable water source). C. The plant palette shall be revised to include more drought -tolerant, desert plants, and shall not include California Pepper. 40. Prior to the issuance of building permits for lots 6, 7, 8, 9, 10, 11, 12, 13, 14 or 15, a notification, in a form acceptable to the City Attorney, shall be attached to each legal lot, notifying initial and future buyers of the height and extent of the berm along Madison Street and the future location of Madison Street adjacent to their property. The notification shall include a provision that every buyer be required to acknowledge receipt of the notification by their signature through escrow. Motion passed unanimously. BUSINESS SESSION - None CORRESPONDENCE AND WRITTEN MATERIAL - None COMMISSIONER ITEMS 1. Report on City Council meetings of May 19 and June 2, 2015. 2. Commissioner Bettencourt is scheduled to attend the June 16, 2015, City Council meeting. 3. The Commission complimented staff on the efforts put towards the Community Outreach Workshops held on May 21, 2015 for the La Quinta Village. DIRECTOR'S ITEMS 1. Community Director Johnson said Mr. Gabriel Perez has been appointed as Planning Manager and he would be starting with the City on June 15, 2015. PLANNING COMMISSION MINUTES 3 JUNE 9, 2015 403 ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Bettencourt/Fitzpatrick to adjourn this meeting at 8:45 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, xecutive Assistant City of La Quinta, California PLANNING COMMISSION MINUTES 4 JUNE 9, 2015 404 CALL TO ORDER REPORTS AND I N FORMAT! ONAL I TEM: INVESTMENT ADVISORY BOARD MINUTES Wednesday, May 13, 2015 A regular meeting of the La Quinta Investment Advisory Board was called to order at 4:03 p.m. by Chairperson Donais. PRESENT: Board Members Spirtos, Donais, Mortenson ABSENT: Boards Member Park and Godbey STAFF PRESENT: Finance Director Rita Conrad, and Administrative Technician, Vianka Orrantia PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Confirmed APPROVAL OF MINUTES Approval of the Minutes of April 8, 2015 Motion - A motion was made by Board Members Mortenson/Spritos to approve the Minutes of April 8, 2015. AYES: Board Members Mortenson and Spritos. NOES: None. ABSENT: Board Members Park and Godbey ABSTAIN: Donais. CONSENT CALENDAR ITEMS 1. Receive and File Treasurer's Reports for March 30, 2015 and the Pooled Money Investment Board Report for March 2015 Mrs. Conrad presented and reviewed the Treasurers Reports for March 30, 2015 and the Pooled Money Investment Board Report for March 2015 and reported the following: Mrs. Conrad informed the Board that a $20 million investment was called and the funds were temporarily placed in LAIF. Due to the fact that the City is at its maximum on permissible investments, Mrs. Conrad suggested to the Board that the monies be INVESTMENT ADVISORY MINUTES 1 May 13, 2Q4 invested in CD's with a portion remaining in LAIF; or seek Board's direction for other investments. Motion - A motion was made by Board Members Mortenson/Spirtos to receive and file the Treasurer's Report for March 30, 2015 and the Pooled Money Investment Board Reports for March 2015. AYES: Board Members Mortenson, Spirtos, and Donais. NOES: None. ABSENT: Board Members Park and Godbey ABSTAIN: None. BUSINESS SESSION 1. Fiscal Year 2015/2016 Meeting Schedule Mrs. Conrad presented the Fiscal Year 2015/2016 meeting schedule. Mrs. Conrad advised at the April Investment Advisory Board meeting this item was discussed amongst the Board, with Board Member Park suggesting the Board meet every other month and Board Member Godbey agreeing to quarterly meetings. Mrs. Conrad further advised that this item was discussed with both the City Clerk and City Attorney, and they both advised that the Municipal Code does allow for meetings to be held on a quarterly basis. Mrs. Conrad suggested, due to the fact that Board Member Godbey will not be reapplying to the Board, that a July meeting be held to introduce the new Board member and familiarize them with the processes of the Board. The Board concurred. Motion - A motion was made by Board Members Spirtos/Mortenson to approve the 2015/2016 Meeting Schedule with the Board agreeing to meet on a quarterly basis and utilize the regular scheduled monthly dates on an as needed basis. AYES: Board Members Mortenson, Spirtos and Donais. NOES: None. ABSENT: Board Member Park and Godbey ABSTAIN: None. CORRESPONDENCE AND WRITTEN MATERIAL - None BOARD MEMBER ITEMS Board Member Spirtos advised the Board of the survey (located in the La Quinta GEM) seeking residents input on La Quinta Village Development. Chairperson Donais advised the Board that the City will be forming a Finance Advising Committee to explore revenue -raising options for the City. INVESTMENT ADVISORY MINUTES 2 May 13, 2041, DIRECTOR'S ITEMS Mrs. Conrad advised the Board that at the next scheduled City Council meeting on May 19, 2015, the Proposed Budget and Police Services study will be presented. ADJOURNMENT There being no further business, it was moved by Board Members Spirtos/Mortenson to adjourn this meeting at 4:26 p.m. Motion passed unanimously. Respectfully submitted, Vianka Orrantia, Administrative Technician City of La Quinta, California INVESTMENT ADVISORY MINUTES 3 May 13, 2Q4 408 Reports/Informational Items: Report to La Quinta City Council Palm Springs International Airport Commission Meeting June 17, 2015 Finance: YTD revenue continues to be $1.5 million over last year. Expenses are up 1.44%, leaving us with a $2.2 million surplus YTD. Car rental fees are up $600,000 from 2014. We have $12 million in unspent Federal grants that are earmarked for capital projects this summer. We paid -down old bonds by $340,000, and unrestricted cash is still about $6 million. Overall, we are in excellent shape. 2015/2016 Budget: The Budget remains with the City Council, as they did not get to it on last month's agenda. Passenger Activity: May's passenger activity was down 6.7% from last year, but year- to-date activity remains up from 2014. General Observations: The summer slowdown left little on this month's agenda. Capital programs are proceeding on schedule. Parking: We have requested an increase in the hourly parking fees from $12 to $13, which would generate an additional $200,000 per year. We remain extremely competitive with other regional airports. Lease renewal: The Commission approved a renewal of the lease for retail space, used by Eva's. It is a 3 -year renewal with a 1 -year extension option. The monthly rate is $2350 with annual increases tied to the CPI. The next meeting is scheduled for July 15, 2015. Submitted: Robert G. Teal, Commissioner Palm Springs International Airport Email: bob(c�teal.us.com Phone: 760-899-4171 409 410 COMMUNITY SERVICES COMMISSION MINUTES MONDAY, MAY 11, 2015 CALL TO ORDER A regular meeting of the La Quinta Community Services Commission was called to order at 5:31 p.m. by Commissioner Engel. ROLL CALL PRESENT: Commissioners Engel, Blakeley, Johnson, and Simonds ABSENT: None PLEDGE OF ALLEGIANCE Commissioner Engel led the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - None CONFIRMATION OF AGENDA — Confirmed CONSENT CALENDAR 1. APPROVE MINUTES OF APRIL 13, 2015 Motion — A motion was made and seconded by Commissioners Johnson/Blakeley to approve the April 13, 2015 Community Services Commission Minutes as submitted. Motion passed unanimously. Commissioner Engel recused herse/f because of her absence on April 13, 2015. STUDY SESSION 1. DISCUSSION OF NORTH LA QUINTA SKATE PARK Manager Howlett presented the staff report. Commissioner Simonds asked for clarification on the boundaries of the property where the skate park was proposed and its proximity to Indio. She also asked if Desert Recreation District could be a source for managing the skate park since they currently manage the skate park in Palm Desert and what options they may have available to offset the cost of having the skate park managed. Commissioner Johnson asked if the proposed site was originally planned for affordable housing. He also asked how the management cost was determined. COMMUNITY SERVICES COMMISSION MINUTES MAY 11, 2015 411 Commissioner Johnson expressed concern regarding the cost for a capital improvement and its impact on that budget. Manager Howlett confirmed that the skate park project is considered a capital improvement; however the funding will be Quimby funds. Commissioner Blakeley asked if Quimby funds cover the cost of maintenance. Manager Howlett explained that maintenance will come out of the general fund. Commissioner Simonds asked if and when the skate park project is completed whether there is an intention to expand the basketball courts. Manager Howlett confirmed that the intention is to repurpose the current site to add two more basketball courts making it a total of three basketball courts in La Quinta Park. The skate park at Fritz Burns Park will be removed and repurposed to two tennis courts. Commissioner Johnson asked if there was a Needs Assessment completed to determine whether this project would be worth the increase in the budget's operating expense. Commissioner Simonds supports the idea of obtaining a Needs Assessment. Resident Todd Freidman asked the committee to consider the following: • Managed park with entry fees • Agrees with a needs assessment • Supports new skate park to provide youngsters with an activity, in turn deterring vandalism REPORTS AND INFORMATION ITEMS 1. UPDATE ON DEPARTMENT REPORT 2. REPORT FROM COMMISSIONERS REGARDING MEETINGS ATTENDED 3. CALENDAR OF MONTHLY EVENTS COMMISSIONER ITEMS ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Johnson/Blakeley to adjourn the meeting at 6:09 p.m. Motion passed unanimously. Respectfully submitted, LISA CHAUDHRY, Executive Office Assistant City of La Quinta, California COMMUNITY SERVICES COMMISSION MINUTES MAY 1 1 , 2015 412 1-‘1\1\10 OtS5 1#41mAk7p-ots C#4406/4,44/til Isg, 144 gt,,,6„,_ July 7, 2015 To: Mayor Linda Evans and Council Members RE: Sustainable Development "Affirmatively Furthering Fair Housing Proposal" Hello. I am Neeta Quinn and I live at 78440 Via Sevilla, La Quinta First, I would like to mention that in 2012, I, along with Christina Michas and others, worked for 7 months to meet with council members and the planning department to educate and then correct, rephrase, or extract references made to the United Nations, and its agenda within the 2035 General Plan. So, I was saddened to see on the website "Go Green", our City again using the United Nations definition of Sustainability. The United Nations ---so far away, but yet within our city documents. I apprised Mayor Evans of this, and hopefully it can be deleted soon. I'm here to provide to the council members information on the "Affirmatively Furthering Fair Housing Proposal," in addition to data re global Sustainable Development. I presented said information and correspondence to the Planning Commission and Mayor Evans on June 23, June 24, and July 3. In that, I posed several questions as to our City's receipt of any "grant monies" connected to furthering this proposal of the Fair Housing Act. As stated in the HUD.gov attachment, local governments and States that receive certain "grant funds" are REQUIRED to affirmatively further the purposes of the Fair Housing Act, which will mandate the collection of information on the precise racial, ethnic, and income distribution of housing in nearly every census tract in the nation. Once that info has been gathered, pressure will be placed on cities across the country to abandon local zoning policies and re-engineer housing stock at local expense. I believe, in essence, it's building low income housing in middle or upper- class neighborhoods—making sure we are all the same, no one neighborhood is better than another. By acceptance of these funds, we lose local control. Cities will be pressured to join a REGIONAL consortium (CVAG?) that will have the effect (or control) of taking housing decisions out of your hands and the citizens you represent. HUD will direct how our neighborhoods will be built, using environment, economic and social justice to force diversity—taking control over our local communities and zoning. PAGE TWO Again, I have provided literature for you to please read and research. Investigate and do your own homework. We must stop this intrusion by the Federal Government ---of its taking control over our local decisions which will affect our property values and change our way of life. I have made inquiry with a local Constitutional attorney and am awaiting his reply. I do want to read an excerpt from our City Charter which was inserted into our 2035 General Pian... "We the people of the City of La Quinta declare our intent to restore to our community the historic principles of self -governance inherent in the doctrine of home -rule. Sincerely committed to the belief that local government has the closest affinity to the people governed, and firm in the conviction that the economic and fiscal independence of our local government will promote the health, safety, and welfare of all the citizens of this City..." Local government does not mean CVAG, but you, the ones we elected to serve the City of La Quinta. Please do not forsake your citizens and follow this Agenda 21 path of taking our freedoms and liberties away. Our nation is on the verge of losing its sovereignty. We must educate ourselves and be so ever vigilant. I would most certainly appreciate a conversation and/or meeting as to these concerns. Sinc rel Neeta Quinn La Quinta -7 June 23, 2015 TO: La Quinta Planning Commission RE: HUD's "Affirmatively Furthering Fair Housing Proposal" (AFH) Hello. My name is Neeta Quinn. I live at 78440 Via Sevilla, La Quinta. To give you a little history...I first corresponded with Les Johnson, in August, 2012 regarding the 2035 La Quinta General Plan Update and its verbiage/connection to the United Nations Agenda 21, and its Sustainable Development. Many changes, deletions, modifications were made before its adoption on February 19, 2013. As such, we tried to insert protection of private property rights and freedoms of and for the citizens, negating any intrusion into our way of life. FYI, in 1993, Pres. Clinton, via Executive Order, advanced this Agenda by presenting the President's Council on Sustainable Development ---it has been progressing over the years, and is now at warp -speed under this administration. Recently, I leamed of this 2013 proposed rule, and felt an urgency to speak to you today. Perhaps you are already aware, but I wanted to give you a head's up on a proposed HUD Affirmatively Furthering Fair Housing Proposal. (AFH) It's proposed rule will mandate the collection of information on the precise racial, ethnic, and income distribution of housing in nearly every census tract in the nation. Once that info has been gathered, pressure will be placed on municipalities across the country to abandon local zoning policies and re-engineer housing stock at local expense. Municipalities will be pressured to join a REGIONAL consortium (CVAG ?) that will have the effect (or control) of taking housing decisions out of the hands of elected officials and the citizens they represent. (I believe CVAG usurps local council decisions—I cannot vote out other council members including Mr, Kirk.) HUD will decide how our neighborhoods will be built, using environment, economic, and social justice to force racial diversity—taking control over our local communities and zoning. In essence, it's building low income housing in middle or upper-class neighborhoods ----making sure we are all the same, no one neighborhood is better than the other. As I understand this, if our city receives any monies/grants from the following, we are REQUIRED to affirmatively further the purposes of the Fair Housing Act, and we will lose our local control to federal control. • CDBG – Community Development Block Grants • HOME -- Home Investment Partnerships • ESG -- Emergency Solutions Grants • HOPWA -- Housing Opportunities for Persons with Aids • PHA -- Public Housing Agencies PAGE TWO: Affirmatively Furthering Fair Housing Question: Does La Quinta receive monies or grants from any of these programs? If we take enticements, we lose control. If we do receive them, can we stop or return said funds? The strings must be cut. I am still doing my own research but thought I would provide some material for your review. Please go onto the websites listed, watch the video by Rob Astorino, Executive from Westchester County, New York, where this has already begun. I implore you to please research--investigate---do your own homework. We must protect our city and its future. We must stop this intrusion by the Federal Government—of its taking control over our local housing and zoning decisions which will affect our property values, and change our way of life. As a reminder, I've also enclosed a copy of pages 1-1 and 1-2 of our La Quinta 2035 General Plan, which states our "Guiding Principles" and our "Community Vision." In part, as per our City Charter, it says, "it is a fundamental tenet of the City of La Quinta... to protect and maintain the public health, safety and welfare through self -governance at a local level... its goals, policies and programs are those of the people of La Quinta and are not intended to facilitate the agenda of any outside group or foreign entity." (We are furthering the United Nations' Agenda) AND, "The General Plan supports, encourages and upholds individual rights and freedoms, and the protection of private property rights and is designed with the intent of enhancing and improving our quality of life,....that intent supports and upholds the rights, liberties and freedoms of the people of La Quinta..." Again, you must uphold the provisions in our City Charter and General Plan. The city and its citizens must be protected from this intrusion. Sincerely, Neeta Quinn La Quinta, CA cc: Mayor Linda Evans Reading Material; Spreading the Wealth by Stanley Kurtz Mrs. Neeta Quinn 78440 Via Sevilla La Quinta, CA 92253 (760) 772-3630 June 24, 2015 Mr. Les Johnson Planning Director La Quinta Planning Commission cc: Mayor Linda Evans Fax No. (760) 777-7101 RE: Affirmatively Furthering Fair Housing Proposal Dear Mr. Johnson: I appreciate your, and the Commissioners, receiving me last evening to speak on the forthcoming "Affirmatively Furthering Fair Housing Proposal." This is a continuing process of the Federal Government's over -reaching and exerting its power and control over our cities and nation as a whole. I'm sure our California Governor is in full agreement, and I fear he will move this Fair Housing Proposal forward. The question is, do we, as a City, and our elected officials, have any power or authority to stop this takeover of our rights through self -governance, at a local level, as stated in our City Charter? I believe consultation with a Constitutional scholar/attorney would be in order. I also appreciate your informing me of our receipt of funds from the CDBG—Community Development Block Grants. The questions are: When did we receive these funds? From whom? What are they to be used for? Are there "strings" attached? Does this acceptance "open the door?' Can monies be returned to release City from any obligation? What are our legal rights? PAGE TWO: Mr. Les Johnson Thank you for your input and analysis of the above and await your thoughts. Also, I'm hopeful you have provided my "packets" to those Commissioners not in attendance so that they are aware of this forthcoming proposal. As to the discussion on the Village parking, I thought about the parking structure that is behind the Gardens, on El Paseo. Said structure is close and easy access to the businesses there, and may be a good example to follow. Cutting parking spaces for the Village would not only hurt the businesses, and their patrons, but the City of La Quinta as well. A "walkable" Village is all well and good, but you must also provide parking for those traveling a distance. Mr. Johnson, thank you for your listening and I appreciate your feedback. I have sent a copy of this correspondence to Mayor Evans as well. Sincerely, Neeta Quinn rmatively Furthering;Fair-Housing;Proposed R'utel HUD USER .GOV U S :Depurtntcnt.of Housine'and Urban Deer • Secretary:Julifftn,Castro • R RESEARCH S PUBLICATIO opm nt httpa/www,huduser.orgtportat/aflht_pt.html DATA SETS INITIATIVES QUICK LINKS EVENTS EKGROU ,.,PROTov(pg seine Guide „Proposed Rule Assassmant Tool for 60 -day PRA -.HUD'S Notice o1 Proposed Rulemaking oh -Affirmatively Furthering Fair Housing rigoyer,^ n.— 'rls.and States that recite Community Derl;rpmenl Afock Grants (COBG), HOME In c€ earn ^r LPartnrrsh:ps - tHOhEl;cmergencySolutions Grants !ESG), and Housing Opprz.i ifies,fcr.Persons' ilh'-1DS !I;OP'd.A) as well as pubic es (PHFs)ar,e,iaquired o.nll'an atitolytunher the purpoLes of u^^a FairHousii g AJ To belle :.!aralitat r :his con; os.tvcl as'©ddie.'ss;iss� u wised by,rhe'Gdterrment F:countr,biiity C'iio .HUD proposes an iirprOved structure ss'r.hereby,HUD,yvnuld pro. -dulness: program porticapantJ i .l gtuiJepce;.ds'a, and an assessrnenitemplat_ 'would `cifraptef,e an 3sse55rnenl of fair nvusinp ?1'11 ii.F1-11. ibis a35cb55nlent would then !inlet©" Co' so1,daledlans:l=PHA'PI;ins. and Capital Fund.Plans, macro ngruily informing resulting in estments and related policies to'elf n otaely Wither Iair,housing, ocuscs program participans' analysis on lour prinrary.goais: rmprosing integrated hung paltemsstnd ctieraom"srtg ins -of segregatlon; reducing racial and ethnic cenccntrdt?ens of poser' j: reducing disparities by r cr., co1o1, lon.se fam,••+alstarrs;national.origin, ordlcabiiityin,accesct.,triirintunityassets.sucheseducation 1rflnsltoccess, and cined a. well as exposure to enurvn'montal health haat ds and other strossors thy;! harm a, person's quality of - life; andrespondingt+ dispfopoitionatehous3np,nee:Is,by'pre COd; !as s.H'J[)viou!dorouidoaa,program, parilpp,nt With na ronat,y'un'o m data an these•lour areas of lacus a, Well :,s out,t ndmg discriiitinatiOn findings.. Once program particiriairts,hit- analy:eaitie'-(I. aa!a, a Wtil! H9 icG'11 or regter i1ifotrn tic^ u;r:y.chocse ID Add, ihpy :vou;di entity the - ,ptimaiy"deturminans iniluunangtair horiaing conditions, priorie7e ridd'roc sing ;hese co:.9,sons, and sot one or more goals for mitigating or addressing their determinants. The proposed rule oncourogos local goMmments. Stales, end PHA'S to work togettter on the ?PH and also laalitales regionatnFtis that cater -regions that need not be contiguou, ane may o•.en,cross •state boundaries,' The AFH would aao rellectsubstantial prlbficinput through"cdinmunity panicipas on send stakeholder conu'aahon't iwnload the:Summa Page 1 of 2 Quick links Summary User Friendly Guide Proposed Rule Regulatory Impact Analysis Data Methodology Comments and Feedback on the Proposed Rule Assessment Tool Preamble Draft Assessment Tool HUD -provided Data Tables HUD -provided Maps Public Comments Received on the Assessment Tool HUD's Notice of Proposed Rulemaking on Affirmatively Furthering Fair Housing Local governments and States that receive Community Development Block Grants (CDBG), HOME Investment Partnerships (HOME), Emergency Solutions Grants (ESG), and Housing Opportunities for Persons With AIDS (HOPWA), as well as public housing agencies (PHAs) are required to affirmatively further the purposes of the Fair Housing Act. To better facilitate this obligation, as well as address issues raised by the Government Accountability Office, HUD proposes an improved structure and process whereby HUD would provide these program participants with guidance, data, and an assessment template from which they would complete an assessment of fair housing (the AFH). This assessment would then link to Consolidated Plans, PHA Plans, and Capital Fund Plans, meaningfully informing resulting investments and related policies to affirmatively further fair housing. The AFH focuses program participants' analysis on four primary goals: improving integrated living patterns and overcoming historic patterns of segregation; reducing racial and ethnic concentrations of poverty; reducing disparities by race, color, religion, sex, familial status, national origin, or disability in access to community assets such as education, transit access, and employment, as well as exposure to environmental health hazards and other stressors that harm a person's quality of life; and responding to disproportionate housing needs by protected class. I -IUD would provide all program participants with nationally uniform data on these four areas of focus as well as outstanding discrimination findings. Once program participants have analyzed the HUD data, as well as local or regional information they choose to add, they would identify the primary determinants influencing fair housing conditions, prioritize addressing these conditions, and set one or more goals for mitigating or addressing their determinants. The proposed rule encourages local governments, States, and PHAs to work together on the AFH, and also facilitates regional AFHs that cover regions that need not be contiguous and may even cross state boundaries. The AFH would also reflect substantial public input through community participation and stakeholder consultation. Once program participants have completed the AFH, they would submit the AFH to HUD on the same cycle as they complete their Consolidated Plan or, for PHAs, either on a similar timetable (if the AFH is completed collaboratively with the relevant jurisdiction) or annually. Program participants would submit their initial AFH at least 270 days before the start of the program year, a time frame that would be shortened to at least 195 days for subsequent AFHs. HUD may return the AFH, or a portion of the assessment, if it violates fair housing or civil rights laws or is substantially incomplete, which includes priorities or goals that are materially inconsistent with the data provided by HUD. The AFH would be deemed accepted 60 calendar days after the date that HUD receives the AFH, unless before that date HUD provides notification that HUD does not accept the AFH, the reasons why HUD has not accepted the AFH, and the actions that the jurisdiction may take to address these reasons. Once HUD accepts the AFH, program participants will incorporate the AFH findings into subsequent plans. The Con Plan would describe how the priorities and specific objectives of the jurisdiction would affirmatively further fair housing by setting forth strategies and actions consistent with the goals and other elements identified in the AFH, and the annual Action Plan would specify actions to be taken during the next year that address fair housing issues identified in the AFH. Similarly, PHAs would indicate how they would address fair housing issues and determinants in its programs that reflect the AFH. 43710 Federal Register / Vol. 78, No. 139 / Friday, July 19, 2013 / Proposed Rules DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 24 CFR Parts 5, 91, 92, 570, 574, 576, and 903 [Docket No. FR -5173—P-01] RIN No. 2501—AD33 Affirmatively Furthering Fair Housing AGENCY: Office of the Secretary, HUD. ACTION: Proposed rule. SUMMARY: Through this rule, HUD proposes to provide HUD program participants with more effective means to affirmatively further the purposes and policies of the Fair Housing Act, which is Title VIII of the Civil Rights Act of 1968. The Fair Housing Act not only prohibits discrimination but, in conjunction with other statutes, directs HUD's program participants to take steps proactively to overcome historic patterns of segregation, promote fair housing choice, and foster inclusive communities for all. As acknowledged by the U.S. Government Accountability Office (GAO) and many stakeholders, advocates, and program participants, the current practice of affirmatively furthering fair housing carried out by HUD grantees, which involves an analysis of impediments to fair housing choice and a certification that the grantee will affirmatively further fair housing, has not been as effective as had been envisioned. This rule accordingly proposes to refine existing requirements with a fair housing assessment and planning process that will better aid HUD program participants fulfill this statutory obligation and address specific comments the GAO raised. To facilitate this new approach, HUD will provide states, local governments, insular areas, and public housing agencies (PHAs), as well as the communities they serve, with data on patterns of integration and segregation; racially and ethnically concentrated areas of poverty; access to education, employment, low -poverty, transportation, and environmental health, among other critical assets; disproportionate housing needs based on the classes protected under the Fair Housing Act; data on individuals with disabilities and families with children; and discrimination. From these data, program participants will evaluate their present environment to assess fair housing issues, identify the primary determinants that account for those issues, and set forth fair housing priorities and goals. The benefit of this approach is that these priorities and goals will then better inform program participant's strategies and actions by improving the integration of the assessment of fair housing through enhanced coordination with current planning exercises. This proposed rule further commits HUD to greater engagement and better guidance for program participants in fulfilling their obligation to affirmatively further fair housing. With this new clarity through guidance, a template for the assessment, and a HUD -review process, program participants should achieve more meaningful outcomes that affirmatively further fair housing. DATES: Comment Due Date: September 17,2013. ADDRESSES: Interested persons are invited to submit comments regarding this proposed rule to the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW., Room 10276, Washington, DC 20410-0500: Communications must refer to the above docket number and title. There are two methods for submitting public comments. All submissions must refer to the above docket number and title. 1. Submission of Comments by Mail. Comments may be submitted by mail to the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW., Room 10276, Washington, DC 20410-0001. 2. Electronic Submission of Comments. Interested persons may submit comments electronically through the Federal eRulemaking Portal at www.regulations.gov. HUD strongly encourages commenters to submit comments electronically. Electronic submission of comments allows the commenter maximum time to prepare and submit a comment, ensures timely receipt by HUD, and enables HUD to make them immediately available to the public. Comments submitted electronically through the www.regulations.gov Web site can be viewed by other commenters and interested members of the public. Commenters should follow the instructions provided on that site to submit comments electronically. Note: To receive consideration as public comments, comments must be submitted through one of the two methods specified above. Again, all submissions must refer to the docket number and title of the rule. No Facsimile Comments. Facsimile (FAX) comments are not acceptable. Public Inspection of Public Comments. All properly submitted comments and communications submitted to HUD will be available for public inspection and copying between 8 a.m. and 5 p.m. weekdays at the above address. Due to security measures at the HUD Headquarters building, an advance appointment to review the public comments must be scheduled by calling the Regulations Division at 202-708- 3055 (this is not a toll-free number). Individuals with speech or hearing impairments may access this number via TTY by calling the toll-free Federal Relay Service during working hours at 800-877-8339. Copies of all comments submitted are available for inspection and downloading at www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Camille Acevedo, Associate General Counsel for Legislation and Regulations. Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW., Room 10282, Washington, DC 20410; telephone number 202-708-1793 (this is not a toll- free number). Hearing- or speech - impaired individuals may access this number via TTY by calling the toll-free Federal Relay Service during working hours at 1-800-877-8339. SUPPLEMENTARY INFORMATION: 1. Executive Summary Purpose of the Regulatory Action From its inception, the Fair Housing Act (and subsequent laws reaffirming its principles) outlawed discrimination and set out steps that needed to be taken proactively to overcome the legacy of segregation through the obligation of affirmatively furthering fair housing (AFFH). Informed by lessons learned in localities across the country. HUD issues this proposed rule, which provides new tools now available to help guide communities in fulfilling the original promise of the Fair Housing Act. The proposed rule involves refining the fair housing elements of the existing planning process that states, local governments, insular areas, and public housing agencies (program participants) now undertake. The process proposed by this rule assists these program participants to assess fair housing determinants, prioritize fair housing issues for response, and take meaningful actions to affirmatively further fair housing. As recognized by HUD staff, program participants, civil rights advocates, the GAO, and others, the fair housing elements of current housing and community development planning are not as effective as they could be, do not incorporate leading innovations in sound planning practice, and do not sufficiently promote the effective use of limited public resources to affirmatively further fair housing. The approach °Dame's Forced Diversity in Housing Is Not ati t3igilit6rkteottafTtkitiielatikacaas-forced-diversity-in-housing-is-not-a-new-development/ ©00 NPRA August 28 - 30, 2015 EO'_1Gf i:a OPINION Af3OUT CONTACT BF.EAM NetviS it Flopelul Carly Fianna Gets a caste el the Beehive S r" .rre"r7i'AN';:" +.-. K` .fix - • L Featuring LTC Allen West Rep. Louie Gohmert, PolitiChicks Ann -Marie Murrell & Morgan Brittany & morel Hope to see you in Nashville' ifti[;tiri!i SFS its Official, .i ' is Running The Continuos F is www.politichicks.com Obar4a's Forced Diversity in Housing Is Not a New Develop Ment Posted OnJu►i 152015 by : Luura Rambeau Lee 13 Comments Tag: HUD forced housing, Laura Ranrbeau Lee, Pclitichicks In light of recent reports of President Obama's plans to force ditersity in wealthy neighborhoods, we must understand this has been going on 'for many years. Page 1 of 13 - - VW:Mid s rorcea uwersity in Housing Is Not httieliplYittiotikimeolnaltiliklliisitsaccon-forced-diversity-in-housing-is-not-a-new-developmentl The hist attack was directed at WestChester County in New York I followed the disturbing e‘ents as they enloided in Westchester Ccunty New York o,er the past several years Tne Federal Department oI Housing and Urban De.elopment (HUD) has been wielding its unlettered legal and regulatory power in this community, calling it their "Grand Experiment!" Unelected federal bureaucrats aro deciding how neighborhoods•will be built, using social, enviionrnenial, and economic justice to force racial dnersity The video below ol Rob Astonno. Westchester County Execetie, speaking with Steye Malzberg at Newsmax, discusses what regulations the lederal gcp.erninenl has been mandating on Westchester County regarding housing de‘elopment, densities, and zoning laws We all agree discrimination is wronn1 howe‘er, people choose and lie where they can altord to Iie Statistics and research into Westchester County has shown there is no exclusionary zoning; the biggest obstacle to people living in these neighborhoods is price (much like other communities and neighborhoods across the country). This is not discrimination, although the lederal government and HUD have determined it is potentially discriminatory. HUD asserts that single family homes on quarter acre home sites are discriminatory and wants communities to change their neighborhood zoning. This is a kg 'dal issue we all need to follow Any community tnat has taken federal dollars has effectively permitted the federal government to insist on implementing federal control of local control and local zoning. Go to Westchester Gov cern and read sorne of the letters and correspondence from HUD to Westchester County. The people must demand that local control ol zoning and housing issues remain a local issue. - • Rob Astorin-ci on Socially Engineered Neighborhoods Page 2 of 13 COMMUNITY VISION "We the people of the City of La Quinta declare our intent to restore to our community the historic principles of self - governance inherent in the doctrine of home -rule. Sincerely committed to the belief that local government has the closest affinity to the people governed, and firm in the conviction that the economic and fiscal independence of our focal government will promote the health, safety and welfare of all the citizens of this City..." City Charter 1994 As stated in the City's Charter, it is a fundamental tenet of the City of La Quinta, its citizens and its leaders, to protect and maintain the public health, safety and welfare through self -governance at a local level. As such, this plan is crafted as the guiding policy document for the City per the vision expressed by its citizens and established by the City Council. While it is written to be in compliance with applicable State and Federal legislation, as it has been since the City's first General Plan, its goals, policies and programs are those of the people of La Quinta and are not intended to facilitate the agenda of any outside group or foreign entity. La Quinta is a great place to live, work and play. La Quinta was originally established and has developed with the objective of providing well planned and desirable neighborhoods, a diversified economic base, excellent schools, exceptional recreational and cultural opportunities, and a variety of community services and facilities. As . our community continues to mature, we will strive to preserve and P. adapt these desirable qualities by maintaining and, where ,A.11._ necessary, improving upon a safe and convenient circulation system that includes alternative transportation opportunities as well as bike/pedestrian trails and golf cart routes; by providing additional recreational opportunities and cultural facilities for the health and well-being of our residents; by preserving our natural and historic resources, focusing p.,f, ADMINISTRATION 1-1 on sustainable existing and future use of water and energy resources; and, by ensuring that La Quinta remains a safe and desirable place for both residents and visitors. We will continue to emphasize the importance of community participation and recognize the commitment property owners have and continue to make through their investment of time and resources. We will work with regional and other local government entities to solve common problems and coordinate our shared interests. La Quinta's future depends on maintaining a balanced budget and the conservative management of our financial resources, and continuing efforts to promote our community as a premier place to live, work and play. GUIDING PRINCIPLES The General PIan supports, encourages and upholds individual rights and freedoms, and the protection of private property rights and is designed with the intent of enhancing and improving our quality of life in La Quinta. That intent supports and upholds the rights, liberties and freedoms of the people of La Quinta, as afforded by the Federal and State constitutions. In order to achieve and support our Community Vision, the following eight guiding principles will shape the La Quinta General PIan: • A Neighborhood Oriented Community - Strive to ensure that existing and future housing for all residents continues to be diverse in type and of high quality. Establish and maintain connections between existing and future neighborhoods, including existing housing stock and associated infrastructure. • A Healthy, Vibrant and Heritage Minded Community - Ensure parks, public facilities and open spaces are appropriately sized and designed to meet the needs and interests of all segments of the community. Continue to ensure that all land uses cohesively exist with the area's natural, cultural and historical heritage. • A Fiscally Sound Community - Capitalize on our unique development opportunities, especially within the Highway In Corridor and the Village area by focusing 'on shopping, dining, entertainment, professional and mixed use options while improving the aesthetics of the community. ADMINISTRATION 1-2 July 3, 2015 TO: Fax No, (760) 777-7101 Mayor Linda Evans City of La Quinta Mr. Les Johnson Planning Director La Quinta Planning Commission RE: Sustainable Development Summit, September, 2015 Attachment for your information. The UN tentacles are progressing forward ---indicating its new plan for managing the entire planet!! We are standing back, implementing their policies, and watching our country lose its sovereignty. Since we became aware of the UN connection in 2012, look what has taken place, and what is to come, continuing with the Fair Housing Act and other legislation to further their "agenda." When are "We the People" going to take a stand to stop this invasive destruction of our rights and freedoms? Read our City's "Community Vision" taken from our City Charter, 1994: "We the people of the City of La Quinta declare our intent to restore to our community the historic principles of self -governance inherent in the doctrine of home -rule. Sincerely committed to the belief that local government has the closest affinity to the people governed, and firm in the conviction that the economic and fiscal independence of our local government will promote the health, safety and welfare of all the citizens of this City..." Is this the truth or mere rhetoric? Cities all across the country will lose that "Vision" unless "We the People" wake up and fight for our freedoms. Neeta Quinn La Quinta, CA PrintFriendly.com: Print web pages, create PDFs Page 1 of 4 In September, The UN Launches A Major Sustainable Development Agenda For The Entire Planet 0 activistposicom /2015/05/in-september-un-launches-major.html By Michael Snyder The UN plans to launch a brand new plan for managing the entire globe at the Sustainable Development Summit that it will be hosting from September 25th to September 27th. Some of the biggest names on the planet, including Pope Francis, will be speaking at this summit. This new sustainable agenda focuses on climate change of course, but it also specifically addresses topics such as economics, agriculture, education and gender equality. For those wishing to expand the scope of "global governance", sustainable development is the perfect umbrella because just about all human activity affects the environment in some way. The phrase "for the good of the planet" can be used as an excuse to micromanage virtually every aspect of our lives. So for those who are concerned about the growing power of the United Nations, this summit in September is something to keep an eye on. Never before have I seen such an effort to promote a UN summit on the environment, and this new sustainable development agenda is literally a framework for managing the entire globe. If you are not familiar with this new sustainable development agenda, the folio ng is what the official United. Nations website says about it... The United Nations is now in the process of defining Sustainable Development Goals as part a new sustainable development agenda that must finish the job and leave no one behind. This agenda, to be launched at the Sustainable Development Summit in September 2015, is currently being discussed at the UN General Assembly, where Member States and civil society are making contributions to the agenda. The process of arriving at the post 2015 development agendals Member State -led with broad participation from Major Groups and other civil society stakeholders: There have been numerous inputs to the agenda, notably a set of Sustainable Development Goals proposed by an open working group of the General Assembly, the report of an intergovernmental committee of experts on sustainable development financing, General Assembly dialogues on technology facilitation and many others. Posted below are the 17 sustainable development goals that are being proposed so far. Some of them seem quite reasonable. After all, who wouldn't want to "end poverty". But as you go down this list, you soon come to realize that just about everything is involved in some way. In other words, this truly is a template for radically expanded "global governance". Once again, this was taken directly from the official UN website... 1. End poverty in all its forms everywhere 2. End hunger, achieve food security and improved nutrition, and promote sustainable agriculture 3. Ensure healthy lives and promote wellbeing for all at all ages http://www.printfiiendly.com/print/?source=cs&url=http%3A%2F%2Fwww.activistpost.co... 7/2/2015 PrintFriendly.com: Print web pages, create PDFs Page 2 of 4 4. Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all 5. Achieve gender equality and empower all women and girls 6. Ensure availability and sustainable management of water and sanitation for all 7. Ensure access to affordable, reliable, sustainable and modern energy for all 8. Promote sustained, inclusive and sustainable economic growth, full and productive employment, and decent work for all 9. Build resilient infrastructure, promote inclusive and sustainable industrialisation, and foster innovation 10. Reduce inequality within and among countries 11. Make cities and human settlements inclusive, safe, resilient and sustainable 12. Ensure sustainable consumption and production patterns 13. Take urgent action to combat climate change and its impacts (taking note of agreements made by the UNFCCC forum) 14. Conserve and sustainably use the oceans, seas and marine resources for sustainable development 15. Protect, restore and promote sustainable use of terrestrial ecosystems, sustainably manage forests, combat desertification and halt and reverse land degradation, and halt biodiversity loss 16. Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels 17. Strengthen the means of implementation and revitalise the global partnership for sustainable development As you can see, this list goes far beyond "saving the environment" or "fighting climate change". It truly covers just about every realm of human activity. Another thing that makes this new sustainable development agenda different is the unprecedented support that it is getting from the Vatican and from Pope Francis himself. In fact, Pope Francis is actually going to travel to the UN and give an address to kick off the Sustainable Development Summit on September 25th... Break Your Dependence On "Them" Today jJ Click Here Get Up To 7 Years Ot SeIt-Sufficiency His Holiness Pope Francis will visit the UN on 25 September 2015, and give an address to the UN General Assembly immediately ahead of the official opening of the UN Summit for the adoption of Ithe post -2015 development agenda, This Pope has been very open about his belief that climate change is one of the greatest dangers currently facing our world. Just a couple of weeks ago, he actually brought UN Secretary General Ban Ki -moon to the Vatican to speak about climate change and sustainable development. Here is a summary of what happened... 1 On 28 April, the Secretary-General met with His Holiness Pope Francis at the Vatican and later addressed senior religious leaders, along with the Presidents of Italy and Ecuador, Nobel laureates and leading scientists on climate change and sustainable development. Amidst an unusually heavy rainstorm in Rome, participants at the historic meeting gathered within the ancient Vatican compound to discuss what the Secretary-General has called the "defining I challenge of our time." http://www.printfriendly.com/print/?source=cs&url=http%3A%2F%2Fwvvw.activistnost.co... 7/2/2015 PrintFriendly.com: Print web pages, create PDFs Page 3 of 4 The mere fact that a meeting took place' between the religious and scientific communities on climate change was itself newsworthy. That it took place at the Vatican, was hosted by the Pontifical Academy of Sciences, and featured the Secretary-General as the keynote speaker was all the more striking. • In addition, Pope Francis is scheduled to release a major encyclical this summer which will be primarily focused on the environment and climate change. The following comes from the New York Times... The much -anticipated environmental encyclical that Pope Francis plans to issue this summer is already being translated into the world's major languages from the Latin final draft, so there's 110 more tweaking to be done. several people close to the process have told me in recent weeks. I think that we can get a good idea of the kind of language that we will see in this encyclical from another Vatican document which was recently released. It is entitled "Climate Change and The Common Good", and it was produced by the Pontifical Academy of Sciences and the Pontifical Academy of Social Sciences. The following is a brief excerpt... Unsustainable consumption coupled with a record human population and the uses of inappropriate technologies are causally linked with the destruction of the world's sustainability and resilience. Widening inequalities of wealth and income, the world-wide disruption of the physical climate system and the loss of millions of species that sustain life are the grossest manifestations of unsustainability. The continued extraction of coal, oil and gas following the "business -as -usual mode" will soon create grave existential risks for the poorest three billion, and for generations yet unborn. Climate change resulting largely from unsustainable consumption by about 15% of the world's population has become a dominant moral and ethical issue for society. There is still time to mitigate unmanageable climate changes and repair ecosystem damages, provided we reorient our attitude toward nature and, thereby, toward ourselves. Climate change is a global problem whose solution will depend on our stepping beyond national affiliations and corning together for the common good. Such transformational changes in attitudes would help foster the necessary institutional reforms and technological innovations for providing the energy SOOrcei,thathave negligible effect on global climate, atmospheric pollutiopland eco -systems, thus protecting generations yet to be bom. ,Religious institutions can and should take the lead in bringing about that change in attitude towards Creation. The Catholic.Church, working with the leadership of other tpligionS, can now take a decisive role by mobilizing public opinion and public funds to meet the energy needs of the poorest 3 billion people, thus allowing thern, to prepare for the challenges of unavoidable climate and eco -system changes. Such a bold humanitarian action by the world's religions acting in unison is certain to catalyze a public - debate over how we can integrate societal choices, as prioritized under UN's sustainable http://www.printfriendly.com/print/?source=cs&url=http%3A%2F%2Fvvww.activistpost.co... 7/2/2015 PrintFriendly.com: Print web pages, create PDFs Page 4 of 4 development goals, into sustainable economic development pathways for the 21st century with projected population of 10 billion or more. Under this Pope, the Vatican has become much more political than it was before, and sustainable development has become the Vatican's number one political issue. And did you notice the language about "the world's religions acting in unison"? Clearly, the Vatican believes that it has the power to mobilize religious leaders all over the planet and have them work together to achieve the "UN's sustainable development goals". I can never remember a time when the United Nations and the largest religious institution on the planet, the Catholic Church, have worked together so closely. So what will the end result of all this be? Should we be concemed about this new sustainable development agenda? Please feel free to add to the discussion by posting a comment below... This article first appeared here at the Economic Collapse Blog. Michael Snyder is a writer, speaker and activist who writes and edits his own blogs The American Dream and Economic Collapse Ow. Follow him on Twitter here. This article may be re -posted in full with attribution. Enter Your Email To Receive Our Daily Newsletter BE THE CHANGE! PLEASE SHARE THIS USING THE TOOLS BELOW If you enjoy our work, please donate to keep our website going. ,'iMPWwww.printfriendly.com/print/?source=cs&url=http%3A%2F%2Fwww.activistpost.co... 7/2/2015