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2015 07 21 CCN-Q City Council agendas and staff reports are now available on the City's web page: ,la-quinta,org CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 78-495 Calle Tampico, La Quinta REGULAR MEETING ON TUESDAY, JULY 21, 2015 3:00 P.M. CLOSED SESSION 1 4:00 P.M. OPEN SESSION CALL TO ORDER ROLL CALL: Councilmembers: Franklin, Osborne, Pena, Radi, Mayor Evans PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "Request to Speak" form and limit ,your comments to three minutes. The City Council values your comments; however in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by GC 54954.2(b). CLOSED SESSION 1. 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 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 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED: WITHIN FRITZ BURNS PARK, SOUTH OF AVENUE 52, EAST OF AVENIDA BERMUDAS, NORTH AND WEST OF TRADITIONS (PORTION OF APN 770-184-011). CITY COUNCIL AGENDA JULY 21, 2015 CITY NEGOTIATOR: LES JOHNSON, COMMUNITY DEVELOPMENT DIRECTOR NEGOTIATING PARTIES: DANEEN WILDER, VERIZON WIRELESS UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT FOR LEASE OF PROPERTY FOR CELL TOWER SITE 3. 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 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. PROCLAMATIONS TO OUTGOING BOARD AND COMMISSION MEMBERS 2. CV LINK UPDATE CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAGE 1. MINUTES OF JULY 7, 2015 7 2. DENY CLAIM FOR DAMAGES FILED BY ELIZABETH HAY; DATE OF 17 LOSS - SEPTEMBER 8, 2014 3. AUTHORIZE OVERNIGHT TRAVEL FOR A CONTENT EDITOR/WRITER, 19 EXECUTIVE OFFICE ASSISTANT AND THE HOUSING COORDINATOR TO ATTEND CALIFORNIA CITY CLERK'S ASSOCIATION "NUTS AND BOLTS" WORKSHOP, OCTOBER 8-9, 2015 IN BREA, CALIFORNIA CITY COUNCIL AGENDA 2 JULY 21, 2015 PAGE 4. AUTHORIZE OVERNIGHT TRAVEL FOR TWO COUNCILMEMBERS, CITY 21 MANAGER, ASSISTANT TO CITY MANAGER AND BUSINESS ANALYST TO ATTEND THE INTERNATIONAL COUNCIL OF SHOPPING CENTERS WESTERN DIVISION CONFERENCE IN SAN DIEGO, CALIFORNIA, SEPTEMBER 16-18, 2015 5. APPROVE EMPLOYMENT AGREEMENT FOR FRANK J. SPEVACEK, CITY 23 MANAGER 6. ADOPT RESOLUTION APPROVING FINAL PARCEL MAP FOR PROPERTY 33 LOCATED WEST OF EISENHOWER DRIVE AND NORTH OF AVENIDA FERNANDO [RESOLUTION 2015-0343 7. ADOPT RESOLUTION APPROVING FINAL MAP AND SUBDIVISION 41 IMPROVEMENT AGREEMENT FOR LA QUINTA SQUARE DEVELOPMENT [RESOLUTION 2015-0351 8. APPROVE DEMAND REGISTERS DATED JUNE 26, JULY 2 AND JULY 10, 59 2015 9. RECEIVE AND FILE TREASURER'S REPORT FOR THE MONTH ENDED 81 MAY 31, 2015 BUSINESS SESSION 1. APPOINT A LA QUINTA REPRESENTATIVE TO THE COACHELLA 95 VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT'S BOARD OF TRUSTEES 2. RENAME FIRE STATION NO. 32 IN MEMORY OF LA QUINTA 105 PARAMEDIC/FIREFIGHTER CHRISTOPHER DOUGLAS 3. INTRODUCE ORDINANCE TO EXPEDITE PERMITTING PROCEDURES 111 FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS AND ADD CHAPTER 8.90 TO THE LA QUINTA MUNICIPAL CODE STUDY SESSION 1. LOGO REFINEMENT DISCUSSION 121 2. ECONOMIC DEVELOPMENT STRATEGIES 127 3. PROPOSED DEVELOPMENT CODE TUNE UP 137 CITY COUNCIL AGENDA 3 JULY 21, 2015 PUBLIC HEARINGS - 5:00 PM PAGE For all Public Hearings on the agenda, a completed "Request to Speak" form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project(s). If you challenge a project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at, or prior to the public hearing. 1. SECOND READING AND ADOPTION OF ORDINANCE NO. 526 141 AMENDING SEVERAL CHAPTERS OF TITLE 5 RELATING TO BUSINESS REGULATIONS AND DELETING CHAPTERS 5.16, 5.28, 5.44, 5.52, AND 11.60 DEPARTMENTAL REPORTS 1. CITY MANAGER 2. CITY ATTORNEY 3. CITY CLERK - CITY CALENDAR 209 4. COMMUNITY SERVICES A. DEPARTMENT REPORT - JUNE / 2015 213 B. MARKETING QUARTERLY REPORT 219 5. PUBLIC WORKS - REPORT / JUNE 2015 229 6. POLICE DEPARTMENT QUARTERLY REPORT 239 7. FIRE DEPARTMENT QUARTERLY REPORT 257 MAYOR'S AND COUNCIL MEMBER'S ITEMS REPORTS AND INFORMATIONAL ITEMS 1. CVAG COACHELLA VALLEY CONSERVATION COMMISSION (Evans) 2. CVAG ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE (Evans) 3. CVAG EXECUTIVE COMMITTEE (Evans) 4. GREATER PALM SPRINGS CONVENTION & VISITORS BUREAU (Evans) 5. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans) 6. COACHELLA VALLEY WATER DISTRICT POLICY COMMITTEE (Evans) 7. SO. CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans) 8. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (Franklin) 9. COACHELLA VALLEY MOUNTAINS CONSERVANCY (Franklin) 10. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (Franklin) 11. SUNLINE TRANSIT AGENCY (Franklin) 12. CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE (Osborne) 13. CVAG PUBLIC SAFETY COMMITTEE (Osborne) 14. CVAG VALLEY -WIDE HOMELESSNESS COMMITTEE (Osborne) CITY COUNCIL AGENDA 4 JULY 21, 2015 15. DESERT SANDS SCHOOL DISTRICT COMMITTEE (Osborne & Franklin) 16. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (Osborne) 17. EAST VALLEY COALITION (Osborne) 18. ANIMAL CAMPUS COMMISSION (Pena) 19. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) (Radi) 20. CVAG TRANSPORTATION COMMITTEE (Radi) 21. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION MINUTES 269 ADJOURNMENT ********************************* The next regular meeting of the City Council will be held on August 4, 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 17, 2015 DATED: July 17, 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 JULY 21, 2015 CONSENT: 1 CITY COUNCIL MINUTES TUESDAY. JULY 7. 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 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) 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 COUNCIL RECESSED TO CLOSED SESSION AT 3:03 P.M. CITY COUNCIL MINUTES JULY 7, 2015 7 MAYOR EVANS RECONVENED THE CITY COUNCIL MEETING AT 4:13 P.M. WITH ALL MEMBERS PRESENT. NO ACTIONS WERE TAKEN IN CLOSED SESSION THAT REQUIRES REPORTING PURSUANT TO GOVERNMENT CODE SECTION 54957.1 (BROWN ACT). Councilmember Pena led the audience in the pledge of allegiance. PUBLIC COMMENT ON MATTERS NOT ON AGENDA PUBLIC SPEAKER: Neeta Quinn, La Quinta - Ms. Quinn spoke about her opposition to accepting government funds for fair housing and sustainable development, and distributed printed material to the Council, which is on file with the City Clerk and available for public review. CONFIRMATION OF AGENDA Councilmembers agreed to pull the following Consent Calendar Items for discussion and/or a separate vote: 11, 14, 16, and 22. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS Tawny Castro, Emergency Operations Coordinator, presented an update of the City's emergency services. CONSENT CALENDAR 1. APPROVE MINUTES OF JUNE 16, 2015 2. 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 3. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORTS FOR THE MONTHS OF MARCH, APRIL AND MAY 2015 C�C:I:14:11 WWII►111a14414:&I:74101:1119191:i9:l:1u If] ►19:14z191497_1a:1W111)I&I 5. APPROVE DEMAND REGISTERS DATED MAY 29, JUNE 3, 12 AND 19, 2015 6. APPROVE INTERAGENCY AGREEMENT WITH RIVERSIDE COUNTY AND ACCEPT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM FUNDS 7. DENY THE CLAIM FOR DAMAGES FILED BY CYNTHIA DOMINGUEZ; DATE OF LOSS - MAY 7, 2015 CITY COUNCIL MINUTES 2 JULY 7, 2015 a 8. DENY THE CLAIM FOR DAMAGES FILED BY MAYRA MARTINEZ; DATE OF LOSS - MAY 7,2015 9. EXCUSE ABSENCES FOR PLANNING COMMISSIONERS BETTENCOURT 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 11. puffed by Counci(member Osborne for separate vote >>> APPROVE PROFESSIONAL SERVICES AGREEMENT WITH THE ALTUM GROUP FOR THE VILLAGE BUILDOUT PLAN ENVIRONMENTAL IMPACT REPORT 12. APPROVE MEMORANDUM OF UNDERSTANDING WITH COACHELLA VALLEY RESCUE MISSION TO SUPPORT OPERATIONS 13. ADOPT RESOLUTION REQUESTING COUNTY OF RIVERSIDE TO PLACE COLLECTION COSTS FOR SOLID WASTE HANDLING SERVICES AT SINGLE- FAMILY DWELLINGS ON TAX ROLLS [RESOLUTION 2015-0301 14. puffed by Mayor Evans for comments >>> 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 2015-0311 15. ITEM PULLED FROM AGENDA PRIOR TO RELEASE 16. puffed by Mayor Evans for comments and a separate vote >>> ADOPT RESOLUTION TO EXTEND TIME TO COMPLETE ON -SITE IMPROVEMENTS FOR THE RESIDENCE CLUB AT PGA WEST DEVELOPMENT [RESOLUTION 2015-0321 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 2015-0331 18. APPROVE OVERNIGHT TRAVEL FOR FIVE COUNCILMEMBERS AND 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 INCORPORATED FOR COUNCIL CHAMBER AUDIO/VIDEO/CONTROL SYSTEM REPLACEMENT CITY COUNCIL MINUTES 3 JULY 7, 2015 0 20. REJECT ALL BIDS AND AUTHORIZE READVERTISEMENT OF THE 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. pulled by Councilmember Radi for a separate vote >>> AWARD CONTRACT TO NEW CONSTRUCTION SOLUTIONS INC. FOR PHASE I OF THE AMERICANS WITH DISABILITIES ACT SPORTS COMPLEX AND YMCA FACILITY 23. AWARD CONTRACT TO RG GENERAL ENGINEERING FOR PHASE II OF THE AMERICANS WITH DISABILITIES ACT SPORTS COMPLEX AND YMCA FACILITY IMPROVEMENTS Councilmember Osborne announced that he has a conflict of interest on Item No. I I due to a business relationship with Altum Group. MOTION - A motion was made and seconded by Councilmembers Franklin/Radi to approve Consent Calendar Items Nos. 1-10, 12-13, 17-21 and 23 as recommended with Item Nos. 13 and 17 adopting Resolution Nos. 2015-030 and 2015-033, respectively. Motion passed unanimously. MOTION - A motion was made and seconded by Councilmembers Radi/Franklin to approve Consent Calendar Item No. 11 as recommended. Motion passed: ayes 4, noes 0, absent 1 (Osborne due to conflict of interest). PUBLIC SPEAKER: Kevin Canning representing KB Homes - Mr. Canning requested a two-year extension on Consent Calendar Item No. 14 instead of the one-year extension recommended in the staff report. MOTION - A motion was made and seconded by Councilmembers Osborne/Radi to approve Consent Calendar Item No. 14 for a one-year extension as recommended in the staff report. Motion passed unanimously. MOTION - A motion was made and seconded by Councilmembers Osborne/Radi to approve Consent Calendar Item No. 16 as recommended in the staff report. Motion passed unanimously. MOTION - A motion was made and seconded by Councilmembers Franklin/Pena to approve Consent Calendar Item No. 22 as recommended in the staff report. Motion passed: ayes 4, noes 1 (Radi) PUBLIC SPEAKER: Darla Burkett representing the Coachella Valley Rescue Mission - Ms. Burkett thanked the Council for their financial support and provided statistics on the number of clients being served. CITY COUNCIL MINUTES 4 JULY 7, 2015 `U] BUSINESS SESSION 1. APPROVE MEMORANDUM OF UNDERSTANDING WITH COUNTY OF RIVERSIDE FOR LIBRARY AND MUSEUM MANAGEMENT Deputy City Manager Hylton presented the staff report, which is on file in the City Clerk's Office. Councilmembers discussed the length of the contract; funding sources; new bookmobile service in the northern section of the City; and success of the collaboration between the library and museum. MOTION - A motion was made and seconded by Councilmembers Franklin/Pena to approve the Memorandum of Understanding with the County of Riverside for library and museum management for a term of five years. Motion passed unanimously. 2. APPOINT PRIMARY AND ALTERNATE DELEGATE FOR NEWLY CREATED EAST VALLEY COALITION Management Analyst Shove presented the staff report, which is on file in the City Clerk's office. MOTION - A motion was made and seconded by Councilmembers Franklin/Pena to appoint Councilmember Osborne as La Quinta's primary delegate and Councilmember Pena as the alternate for the newly created East Valley Coalition. Councilmembers Osborne and Pena accepted the nomination. Motion passed unanimously. 3. INTRODUCE ORDINANCE AMENDING SEVERAL CHAPTERS OF TITLE 10 OF THE MUNICIPAL CODE RELATING TO ANIMALS Animal & Code Compliance Supervisor Moreno presented the staff report, which is on file in the City Clerk's Office. Councilmembers discussed tracking dangerous dogs coming into La Quinta; enforcement abilities and penalties for dog bites; definition of dangerous versus vicious dog; City process followed after a dog bite; appeal options; Code Officers' time to confirm conditions imposed on dangerous dogs are being met; proposed micro - chipping requirements; remedies for barking dogs; maximum number of dogs permitted per address; correlating the number of dogs allowed with the size of the property and the size of the dog(s); limits posed by basing the decision on a biting dog's fate solely on the severity of injuries caused; broadening the evaluation criteria; parameters and criteria for when a biting dog can be euthanized; City's liability in dog bite cases; location of dog quarantine after biting incident; role of Hearing Officers; use of County dog behaviorist to evaluate biting dogs; estimated number of dog bite CITY COUNCIL MINUTES 5 JULY 7, 2015 is incidents per year (24) and estimated number that are deemed vicious (12); and the need to know the legal definition between a dog bite and a dog attack. PUBLIC SPEAKER: Patrick Swarthout, La Quinta - Mr. Swarthout said that his wife and her dog were attacked and bitten by a pit bull on January 29, 2015, resulting in both requiring 13 stitches each. The biting dog was permitted to serve the 10-day quarantine period in the owner's home. Mr. Swarthout recommended that all quarantined dogs be housed at the County's animal campus to prevent inadvertent escape. He said the dog that bit his wife is still in the Cove, which should not be allowed. City Attorney Ihrke suggested that staff conduct further research based on the comments and suggestions of the Council and return at a later date with additional information and suggestions. MOTION - None. Matter returned to staff for further research. 4. RE -INTRODUCE ORDINANCE 526 AMENDING SEVERAL CHAPTERS OF MUNICIPAL CODE TITLE 5 RELATING TO BUSINESS REGULATIONS AND DELETING CHAPTERS 5.1615.2815.4415.52, AND 11.60 City Clerk Maysels presented the staff report, which is on file in the City Clerk's Office. 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 thereby 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. Motion passed unanimously. MOTION - A motion was made and seconded by Councilmembers Franklin/Radi to re- introduce 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. Motion passed unanimously. STUDY SESSION i �Wfl1l *41flul a 4 V_1► 141'/_1► M Iu/_1 W4197►19:Z01 W111lr_1 a a I 14 z I I Code Compliance/Animal Control Officers Meredith, Escatel, Rodarte, Supervisor Moreno and Community Development Director Johnson presented the staff report, which is on file in the City Clerk's Office. Councilmembers discussed number of cases, inspections and complaints; County's ability to enforce La Quinta's Code; mechanics of transition from City animal control personnel to County personnel; labor hours recaptured if animal control is transferred to the County; proactive versus reactive code enforcement; complaint response time; CITY COUNCIL MINUTES 6 JULY 7, 2015 W benefits of proactive code compliance services including short-term vacation rental education and monitoring; role of Community Service Officers in code compliance and animal control; existence of funding in 2015/16 budget to cover transitioning animal control to the County; savings to 2015/16 budget if a new animal control vehicle isn't needed; and pros and cons of contracting with the County for a one-year term versus a three-year term. PUBLIC SPEAKER: Richard Gray, La Quinta - Mr. Gray asked that Code Compliance Officers help combat the West Nile virus by addressing pooled water on properties and also take notice of the many block walls in sad shape as well as crumbling patio covers. By a consensus of the Council, staff was directed to negotiate with the County and return to the Council with a recommended contract for the County to provide animal control services, which would result in the City's Code Compliance staff having additional hours to proactively encourage and enforce Municipal Code compliance. 2. DISCUSS RETAINING LOBBYIST SERVICES Office Assistant Kinley and Chris Escobedo, Assistant to City Manager, presented the staff report, which is on file in the City Clerk's Office. Councilmembers discussed the measurable benefits of hiring a lobbyist to keep the City informed and promote the City's positions to Sacramento legislators versus relying on staff; the scope of the League of California Cities lobbying activities and cost; the extent of the Coachella Valley Association of Government's lobbying activities in Sacramento; possibility of hiring a lobbyist on a case -by -case or month -to - month basis or jointly with a few other cities; and the part Councilmembers' contact with lawmakers plays in promoting La Quinta's interests as well as campaign contributions to legislators. There was a consensus among Councilmembers to direct staff to issue a Request for Proposals for lobbying services which should include a request for costs on a per project basis and on a per month basis. Additionally, staff was directed to explore a joint agreement with the cities of Indian Wells and Palm Desert for lobbying services. PUBLIC HEARINGS - None DEPARTMENT REPORTS 1. COACHELLA VALLEY ECONOMIC PARTNERSHIP (CVEP) IHUB ACCELERATOR PROJECT PLANNING GRANT REPORT Chris Escobedo, Assistant to City Manager, presented the department report, which is on file in the City Clerk's Office. CITY COUNCIL MINUTES 7 JULY 7, 2015 13 Councilmembers discussed the Phase 2 grant application submitted by CVEP; concerns about CVEP's ability to follow through with goals/mission; need for CVEP to clearly define its mission; possibility of CVEP engaging a consultant at the City's expense to provide focus and help CVEP develop and adhere to goals; the need for CVEP to provide a regional platform and for La Quinta to be a regional player; option of contributing the annual $10,000 membership fee to get a seat on the CVEP board; and desire for 100 percent consensus of CVEP Board of Directors to accept and implement the recommendations of the consultant before one is hired. Councilmembers reached a consensus to present a proposal to CVEP's Executive Board whereby CVEP hires, and La Quinta funds, an independent study to determine CVEP's purpose, structure, and measurable goals to promote economic development in the Valley if there is unanimous Board agreement to conduct such a study and accept and implement the results of the study; and held to its decision not to contribute the annual CVEP membership fee of $10,000 at this time. MAYOR'S AND COUNCIL MEMBER'S ITEMS Councilmember Franklin confirmed with staff that skaters and parents will have input on the design of the skate park. Councilmember Osborne provided an update on the status of the overdue financial report from the Chamber of Commerce. Councilmember Radi described a City marketing opportunity during the golf tournament at the Stadium course. City Manager Spevacek said that staff will provide more information for further discussion on this idea. REPORTS AND INFORMATIONAL ITEMS La Quinta's representative for 2015, Mayor Evans, reported on her participation in the following organization's meeting: • CVAG EXECUTIVE COMMITTEE La Quinta's representative for 2015, Councilmember Franklin, reported on her participation in the following organization's meeting: • SUNLINE TRANSIT AGENCY (just elected Chair) La Quinta's representative for 2015, Councilmember Radi, reported on his participation in the following organization's meeting: • COACHELLA VALLEY ECONOMIC PARTNERSHIP CITY COUNCIL MINUTES 8 JULY 7, 2015 14 ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Franklin/Radi to adjourn at 7:23 p.m. Motion passed unanimously. Respectfully submitted, SUSAN MAYSELS, City Clerk City of La Quinta, California CITY COUNCIL MINUTES 9 JULY 7, 2015 W ill CONSENT CALENDAR ITEM NO. 2 IIII (W a ............ �G QL I YtG .1...IIL., C OL ICEC .FIL.. III; III; ...IIL., I ICE u . July 21, 2 015 ...IIL., III III III III; III:: III III IIIIIIIIIIIIPJIIII': I":IIII""I'llll lull m DENY CLAIM FOR DAMAGES FILED BY ELIZABETH HAY; DATE OF LOSS - SEPTEMBER 8, 2014 IIII. IIIIIIIIII C O M M IIIIIIIIII IIPJ IIII': ""I":IIII': O IIPJ Deny the claim for damages of Elizabeth Hay in its entirety. IIIIIIIIIICII StIMM lR • A claim was filed by Elizabeth Hay with a reported date of loss of September 8, 2014 for flood damages. • It was forwarded to Carl Warren & Company ("CW"), the City's claims administrator. • CW reviewed the claim and recommends denial. SC III MIIII°)""I' Stated damages are in excess of $50,000. I�3AQKQR01 i IIPJ IIII':/ IIPJ YS':IIII':S The claimant states that after heavy rain for a four-hour period, water filled the golf course lakes, overflowed into the community, and ran down her street. The water rose and seeped under the front door and through her home soaking the walls and flooring. The claimant believes the storm drains were blocked, permitting the flooding condition. CW recommends denying the claim, stating the noted storm created such a large volume of water that it completely overwhelmed the existing storm drain system, which was operable and sufficient under normal storm conditions. I I'IIIRlIIIIIIIf JIN "°["]'': II S 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 `rJ 18 CONSENT CALENDAR ITEM NO, 3 IIII (W a ............ �G QL I YtG .1...IIL., C OL ICEC .FIL.. III; III; ...IIL., I ICE u . July 21, 2 015 ...IIL., III III III III; III:: III III IIIIIIIIIIIIPJIIII': I":IIII""I'llll lull m AUTHORIZE OVERNIGHT TRAVEL FOR CONTENT EDITOR/WRITER, EXECUTIVE OFFICE ASSISTANT, AND HOUSING COORDINATOR TO ATTEND CALIFORNIA CITY CLERK'S ASSOCIATION "NUTS AND BOLTS" WORKSHOP OCTOBER 8-9, 2015 IN BREA, CALIFORNIA IIII. IIIIIIIIII C O M M IIIIIIIIII IIPJ IIII': ""I":IIII': O IIPJ Authorize overnight travel for a Content Editor/Writer, Executive Office Assistant and Housing Coordinator to attend the California City Clerk's Association "Nuts and Bolts" workshop on October 8-9, 2015 in Brea, California. XIIIIIIIIIICII StIMM lR • The "Nuts and Bolts" workshop is a long-standing annual course offered at low cost by the California City Clerk's Association as an introduction to the Clerk's Office tasks and responsibilities, including those associated with public meetings. • In keeping with Council goals regarding staff development, mentoring and promotion from within when possible, staff members will have the opportunity to gain in-depth knowledge of laws, procedures and best practices in a new field. SC III MIIII°)""I' Estimated expenses are $400 per person, which includes registration, travel, lodging, parking and meals. Funds were included in the City Clerk's 2015/16 budget for the Content Editor/Writer. Funding for the Executive Office Assistant and Housing Coordinator is available in the City Manager and Community Development travel and training accounts, respectively. I�3AQKQR01 i IIPJ IIII': IIPJ YS':IIII':5 The "Nuts and Bolts" workshop is offered everyyear and is an opportunity for those either interested in working within the Clerk's department or who handle public meetings to be introduced to the skills and materials necessary to be successful and effective. The workshop will cover agendas, meetings, minutes, legislative procedures, Political Reform Act, FPPC regulations, elections, records management, Brown Act and Public Records Act. The Content Editor/Writer, new to the Clerk's department, seeks to enhance overall knowledge of City Clerk's Office's tasks and responsibilities. The other two staff members will attend to hone skills associated with various City board meetings they participate in. `N I 'IIIIIIIIIIIIIfJIP "°F:IIIIIII S The Council could deny this travel request. However, this alternative is not recommended as staff would not be allowed to take advantage of this professional development opportunity which would benefit City service delivery. Report prepared by: Pam Nieto, Administrative Technician Report approved for submission by: Susan Maysels, City Clerk KII CONSENT CALENDAR ITEM NO. 4 . iii Vim.. � fm, I...... „ ." iii it -I Vim „ m :III ..I .XA.. IN C.III..... III:III ..I.,.III.II (m; - July 21, 2015 S..I.. I: III; ; IP IU:..I.' 0I;Ill11) . I 1`1 E: APPROVE OVERNIGHT TRAVEL FOR TWO COUNCILMEMBERS, CITY MANAGER, ASSISTANT TO CITY MANAGER AND BUSINESS ANALYST TO ATTEND THE INTERNATIONAL COUNCIL OF SHOPPING CENTERS WESTERN DIVISION CONFERENCE IN SAN DIEGO, CALIFORNIA, SEPTEMBER 16-18, 2015 IIII't llllllllll;I"� 0 M M IIIIIIIIII; I° 1°":IIII':0f��1 Authorize overnight travel for two Councilmembers, the City Manager, Assistant to City Manager and Business Analyst to attend the International Council of Shopping Centers Western Division Conference in San Diego, California, September 16-18, 2015. • The International Council of Shopping Centers (ICSC ), a global trade association of the shopping center industry, holds an annual conference for participants to connect with business and franchise owners. • City participation at the ICSC event will provide opportunities to attract retail, restaurants and hotels. SI it ':IIII':1141) . C"I $5,785 or $1,157 per attendee; funds are available in the City Council and City Manager Travel, Training and Meeting accounts. I ,f GIIII't011fIIIII' ,Ilii JIII,YS':IIII''S ICSC's "Western Division Conference and Deal Making" is held annually at the San Diego Convention Center. The conference will provide the Economic Development Subcommittee and staff an opportunity to engage key representatives of regional and national brand retailers, hoteliers and restaurateurs to attract business to the City. In addition, appointments will be scheduled with retailers to discuss specific vacant buildings. In 2014, a City Council Economic Development Subcommittee was formed to better understand the dynamics of La Quinta's market. The Subcommittee met with local real estate professionals, who indicated that participation in trade shows was a central theme in facilitating business attraction and in fostering relationships with site selectors that represent regional and nationally branded commercial uses. JIII 1° IIIIIIIIII; i' Ili i I,f fII S The Council could deny this travel request or reduce the overall total number of attendees. However, this alternative is not recommended as the event would provide key N economic development staff an opportunity to attract new business to the City. Report prepared by: Ted Shove, Business Analyst Report approved by: Frank J. Spevacek, City Manager CONSENT CALENDAR ITEM NO. 5 C 1Y coti[NI Call.... III III FII.[NI 3� July 21, 2015 ..., .III::: III::: III: I�)O I ..I GEII]1111l° I11APPROVE EMPLOYMENT AGREEMENT FOR FRANK J. SPEVACEK, CITY MANAGER IIIIL Illllllll; f"�0 i�Il � IIIII ; Ill���i iC I m'I"":IIII':Oil����i Approve the Employment Agreement for Frank J. Spevacek to serve as City Manager for the term commencing June 4, 2015 through June 3, 2018. Effective June 4, 2012, the current City Manager, Frank J. Spevacek, was appointed by the City Council to serve in that capacity for a three-year term. • After completing the City Manager's performance evaluation last month, the City Attorney was directed to prepare a new Employment Agreement ("Agreement") for the City Manager (Attachment 1). ':IIII':S I , ':IIII': M P ,Q, Base annual salary is $200,000, plus "performance -based compensation" authorized by City Council, in its discretion and as prescribed in the Agreement, not to exceed $10,000 annually. ICI.CiIIIIIIfII:IIYS':IIII':S Effective June 4, 2012, Frank J. Spevacek was appointed to serve as City Manager for a three-year term. The then -applicable agreement had standard terms and conditions, including job duties, base pay, work hours, specified leave, and severance compensation. Effective July 1, 2014, City Council amended the agreement, increasing the annual base salary from $195,000 to $198,900 and annual administrative leave from 80 hours to 120 hours. Administrative leave is in addition to the City Manager's accrued 104 hours of vacation. The proposed Agreement is for another 3-year term, commencing June 4, 2015. It generally has the same terms and conditions from the prior agreement, as amended, with minor modifications to severance pay (deletion of a 12-month severance pay provision no longer applicable) and to base pay (rounding -up from $198,900 to $200,000). The only substantive modification from the prior agreement is the addition of "performance -based compensation" whereby the City Council, in its discretion, may authorize an additional payment of up to 5 percent of base salary, but never to exceed $10,000 annually, if the City Manager meets City Council's expectations on the "Performance -Based Compensation Metrics," as described in the Agreement. 23 Jlll m'I°'Illll!!!!;iRlPJ I'MES. The City Council may direct the City Attorney to revise provisions or may reject the proposed Employment Agreement. If no agreement is approved, there will be no operative agreement for city manager services. Report prepared and approved by: William H. Ihrke, City Attorney Attachment: 1. Agreement 24 EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT (the "Agreement") is made and entered as of July 21, 2015 (the "Effective Date"), by and between the City of La Quinta, a public body (the "City" or "Employer"), and Frank J. Spevacek, an individual (the "Employee"), both of whom understand as follows: WITNESSETH: WHEREAS, the City desires to employ the services of Employee as the City Manager as provided by the La Quinta Municipal Code; and WHEREAS, it is the desire of the City to establish certain conditions of employment and to set working conditions of said Employee; and WHEREAS, Employee desires to accept employment as City Manager of said City. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties. A. Employer hereby agrees to employ Employee as City Manager of said City to perform the functions and duties specified in the La Quinta Municipal Code and as provided by state and federal law and to perform other legally permissible and proper duties and functions as the City Council shall from time to time assign. B. Employee, with prior written approval of the City Council, may undertake outside professional activities for compensation, including teaching, speaking and writing, provided they do not interfere with Employee's normal duties and are done only during vacation or other non -working time of Employee and are not done with any existing vendors or contractors of the City. Under no circumstances shall such outside activity create a conflict of interest with the duties of the City Manager and the interests of the City. Section 2. Term. A. The term of this Agreement shall be from June 4, 2015 through and including June 3, 2018, unless earlier terminated as provided herein. Thereafter, the parties may renew the Agreement pursuant to their mutual agreement. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council acting for the City to terminate the services of Employee `&7 at any time, with or without cause, subject only to the provisions set forth in Section 4, paragraphs A, B and D of this Agreement. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with Employer, subject only to the provision set forth in Section 4, Paragraph E, of this Agreement. Section 3. Administrative Leave with Pay. Employer may place Employee on Administrative Leave with full pay and benefits at any time during the term of this Agreement. However, if the purpose of placing Employee on Administrative Leave With Pay is to conduct an investigation into potential wrongdoing, and after that investigation, Employee is convicted of a crime involving abuse of his/her office or position, then pursuant to Government Code Section 53243, Employee shall be required to fully reimburse City for any salary or benefits received while on Administrative Leave With Pay. "Abuse of office or position" shall be as defined in Government Code Section 53243.4, as may be amended. Section 4. Termination and Severance Pay. A. In the event Employee is terminated by the City Council during such time that Employee is willing and able to perform his/her duties under this Agreement, then Employer agrees to pay Employee a lump sum cash payment equal to either six months' salary or the salary for the remaining term of this Agreement, whichever is less. Pursuant to Government Code Section 53243.5, if Employee is later convicted of a crime involving abuse of office or position, then any severance paid under this Section 4.A shall be returned by Employee to Employer. B. Employee may be terminated at any time for willful misconduct as defined in Section 2.08.160 of the City's Municipal Code or for abuse of his/her office or position as defined in Government Code Section 53243.4 as may be amended. The determination of what constitutes willful misconduct shall be within the sole discretion of the City Council, provided that it shall relate to the welfare of the City. Willful misconduct includes conduct directly related to conduct in office and the duties of the office. It also includes conduct not directly related to the performance of the official duties of the office when such conduct has a direct and harmful effect on the welfare or reputation of the City. Evidence of such direct and harmful effects includes, but is not limited to, conviction of a felony or a crime of moral turpitude. Employee shall be entitled to the right to a hearing as provided in Sections 2.08.100 through 2.08.150 of the Municipal Code prior to termination under Sections 4.A and 4.B of this Agreement. In the event that Employee is terminated for willful misconduct or abuse of office or position, City shall have no obligation to pay `1 and shall be prohibited from paying, the severance sum designated in Section 4.A above, or any severance sum at all. C. Nothing in this Agreement shall prohibit Employer from imposing discipline less than termination upon Employee, including written reprimands, suspensions, or reductions in pay. Employee shall not be entitled to any due process as a result of the implementation of discipline less than termination. D. In the event: (1) Employer at any time during the term of this Agreement reduces the salary or other financial benefits of Employee (other than a suspension of five (5) working days or less or a temporary reduction in salary of thirty (30) days or less) in a greater percentage than an applicable across-the-board reduction for all employees of Employer; or (2) Employer refuses, following written notice, to comply with any other provisions benefiting Employee herein; or (3) Employee resigns following a formal suggestion by the City Council that he/she resign, then Employee may, at his/her option, be deemed to be "terminated" as of that time, and shall be entitled to the severance provisions of Section 4.A above. E. In the event Employee voluntarily resigns his/her position with Employer before expiration of the above -referenced term of his/her employment, then Employee shall give Employer sixty (60) days' notice in advance, unless the parties otherwise agree, and Employee shall not be entitled to any severance pay. Section 5. Disability. If Employee is permanently disabled or is otherwise unable to perform his/her duties because of sickness, accident, injury, mental incapacity or health for a period of six (6) successive weeks beyond any accrued sick leave to which Employee is entitled, or for the legal duration of the Family & Medical Leave Act (whichever is greater), Employer shall have the option to terminate this Agreement. Termination pursuant to this Section would not subject the City to payment of severance benefits as specified under Section 4.A above. However, Employee shall be compensated for any accrued, vacation, holidays, administrative leave and other accrued benefits on the same basis as any other employee of the City pursuant to the Personnel Rules. Section 6. Salary. A. Employer agrees to pay Employee for his services rendered pursuant hereto an annual base salary of $200,000, effective June 4, 2015, payable in equal installments at the same time as other employees of the Employer are paid. Employer agrees to review said base salary and/or other benefits of Employee at the time of an annual evaluation which shall be initiated in May for each year of the Term. Employer `4 may recommend adjustments to salary and/or other benefits during the time period that the annual review is performed. B. In addition to the annual base salary, Employee may be eligible for annual performance -based compensation in the amount of up to 5% of Employee's annual base salary, not to exceed $10,000, for any year in which performance -based compensation may be paid. Performance -based compensation shall be paid in a lump - sum for any given year, and, for purposes of such compensation, a year shall correspond to the City's fiscal year. Any payment of performance -based compensation shall be at the discretion of the City Council, and may only be paid if, in the City Council's discretion, Employee successfully meets performance goals and objectives as more particularly described in Exhibit "A" attached hereto and incorporated by reference (the "Performance -Based Compensation Metrics"). The City Council may meet, in accordance with applicable law, at least one time every fiscal quarter to evaluate the performance of Employee with respect to the progress on the Performance -Based Compensation Metrics. Any performance -based compensation authorized by the City Council pursuant to this paragraph shall be paid directly to a supplemental retirement plan for Employee pursuant to United States Internal Revenue Code section 457(b) or other lawful supplemental retirement plan authorized pursuant to applicable federal or state law (commonly referred to as a deferred compensation plan and referred to herein as the "Supplemental Plan"). Prior to any payment of performance -based compensation to Employee pursuant to this paragraph, the City Council shall establish and authorize, if not previously established and authorized, the maintaining of a Supplemental Plan in accordance with applicable law. Any performance -based compensation to Employee shall not be a payroll deduction and shall not be deemed or reported to the California Public Employees' Retirement System ("CalPERS") as "compensation earnable" as long as such performance -based compensation is paid directly to the Supplemental Plan. Any payment of performance -based compensation pursuant to this paragraph shall be paid to the Supplemental Plan no later than December 31 after the immediately completed prior fiscal year. In explanation of the previous sentence, any performance -based compensation for fiscal year 2014-15 shall be paid to the Supplemental Plan no later than December 31, 2015; for fiscal year 2015-16, paid no later than December 31, 2016; for fiscal year 2016-17, paid no later than December 31, 2017; and for fiscal year 2017-18, paid no later than December 31, 2018. After the City Council duly establishes and authorizes the maintaining of the Supplemental Plan, the City Council authorizes Employee or his designee(s) to execute any documents necessary or proper to maintain the Supplemental Plan prior to any payment of performance -based compensation to Employee, but the City Council retains any and all discretion to award or not award any and all performance -based compensation to Employee. 28 Section 7. Hours of Work. In addition to working normal business hours, it is recognized that Employee must devote time outside the normal office hours to business of the Employer. Employee shall have 120 hours of Administrative Leave, consistent with Section 14.30.1 of the City's Personnel Rules. For partial calendar years, the 120 hours shall be prorated. Employee may not be employed by, or provide services to, any other entity while employed by the City. Section 8. No Transportation Allowance. City shall not provide a transportation allowance. Employee shall not be provided a City vehicle. Employee shall be entitled to reimbursement for mileage for the use of Employee's automobile for City business at then -applicable IRS rate. Section 9. Vacation, Bereavement, and Sick Leave. Employee shall accrue, and have credited to his/her personal account, vacation, bereavement and sick leave as provided for pursuant to the Personnel Rules. Section 10. Other Benefits. Employee shall be provided with the same health, dental, vision, life insurance, and retirement benefits and any future cost of living increases that occur after June 4, 2015, as other general full time employees of the City. Employee may receive an annual physical examination at City expense. Section 11. Other Terms and Conditions of Employment. A. The City Council, in consultation with the City Manager, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Municipal Code or any applicable state or federal law. B. All regulations and rules of the Employer relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, shall also apply to Employee as they would to other full-time employees of Employer, in addition to the benefits specifically set forth herein for the benefit of Employee. RN Section 12. Notices. Notices pursuant to this Agreement shall be given by: (1) email with verification of delivery; (2) facsimile transmission with confirmation; (3) personal delivery; (4) overnight delivery service with confirmation; or (5) deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: EMPLOYER: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, CA 92253 EMPLOYEE: Frank J. Spevacek 53065 Avenida Navarro La Quinta, CA 92253 Notice shall be deemed given as of the date of personal, overnight delivery, email, or facsimile service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 13. General Provisions. A. This Agreement shall constitute the entire agreement between the parties. No prior oral or written communications are incorporated herein. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. This Agreement may be signed in counterparts with signature pages transmitted by email, facsimile, personal delivery or overnight delivery, all of which will be treated as originals. D. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. [signatures on next page] IN WITNESS WHEREOF, the City of La Quinta has caused this Agreement to be signed and executed in its behalf by its Mayor, and duly attested by its City Clerk, and the Employee has signed and executed this Agreement, both in duplicate, to become effective as of the Effective Date. 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 EMPLOYER: CITY OF LA QUINTA -32 LINDA EVANS Mayor of the City of La Quinta EMPLOYEE: Frank J. Spevacek Exhibit "A" Performance -Based Compensation Metrics Annually, the City Council assesses the City Manager's performance after reviewing the organization's and his accomplishments. If the City Manager achieves an overall performance rating of Exceeds Expectations, then the City Manager may receive Performance Based Compensation as outlined in Section 6B of the Agreement. For Fiscal Year 2015/16, the City Manager's performance measures shall be based upon the items outlined below. Performance measures for Fiscal Years 2016/17 and 2017/18 will be established by the City Council for those respective years as a result of the City Manager's annual performance review. Fiscal Year 2015/16 Performance Measures Fiscal Stability/Revenue Growth • Develop and implement a community outreach program that engages the community and increases the community's understanding of how to sustain City service levels, facilities and infrastructure. • Achieve additional service delivery efficiencies that result in delivering the same or increased services at decreased cost. • Identify and implement strategic infrastructure and public facility investments that reduce operations' costs. • Develop and advance an operating budget wherein revenues and expenditures are balanced, and reserves are not needed to fund operations. • Complete a comprehensive water conservation strategy by the fourth quarter of 2015. Economic Development • Provided that national and state economic conditions do not negatively impact debt and equity financing, ensure that SilverRock development activities commence no later than the second quarter of 2016. • Complete the Village environmental and entitlement process by June 2016. • Initiate and substantially complete a comprehensive review to streamline/simplify the City's development codes and processes by June 2016. Improve the Organization's Strength • Complete a succession plan by January 2016. • Further embed the performance pay system into the City's organizational culture. • Develop and report service delivery metrics for all departments by June 2016. • Streamline/simplify non -development Codes by June 2016 (purchasing, claims, surplus property, etc.). K3: CONSENT CALENDAR ITEM NO. 6 IIII (W a ............ �G QL I YtG .....IIL.,. ICE .. IIL....... III; III; ...IIL.,. ICE a July 21, 2015 ...IIL., III III III III; III:: III III IIIIIIIIIIIIPJIIII' I";IIII""I'llll lull m ADOPT RESOLUTION APPROVING FINAL PARCEL MAP FOR PROPERTY LOCATED WEST OF EISENHOWER DRIVE AND NORTH OF AVENIDA FERNANDO IIII.IIIIIIIIII CO M M IIIIIIIIII IIPJ IIII' ""I":IIII':OIIPJ Adopt a resolution approving Final Parcel Map 36895. IIIIIIIIIICII StIMM lR • The owner/developer of a vacant residential lot within The Enclave, located in the La Quinta Resort, is subdividing the property into two lots. • All conditions of approval for Tentative Parcel Map 36895 have been completed and the owner has requested approval of the Final Parcel Map. • Approving the Final Map is a ministerial action that is required after the conditions of approval have been satisfied. None. No off -site improvements were required with this Final Map. �3AOKGIROI i IIPJ IIII' IIPJ YS':IIII'S The project is located within The Enclave residential development in the La Quinta Resort, west of Eisenhower Drive and north of Avenida Fernando (Attachment 1). The owner/developer is Michael and Susan Clark. The property previously consisted of two vacant residential lots that were merged in 2002. The Community Development Director approved Tentative Parcel Map 36895 to re -subdivide the property on May 20, 2015 (Attachment 2). The owners have satisfied all conditions and therefore request approval of the Final Map. Since the Final Parcel Map has passed technical review by the City Surveyor and has been signed by the property owners, staff recommends approval of the Final Map. I I'llllllllll lllf N Approving the Final Parcel Map is a ministerial action that is required after the developer satisfactorily completes all conditions of approval. Therefore, staff does not recommend an alternative action. Report prepared by: Bryan McKinney, P.E., Principal Engineer Report approved by: Timothy R. Jonasson, P.E. Public Works Director/City Engineer 33 Attachments: 1. Vicinity Map 2. Parcel Map 36895 34 RESOLUTION NO. 2015 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP NO. 36895 WHEREAS, the Community Development Director, at the Director's Hearing on May 20, 2015 approved Tentative Parcel Map 36895, subject to conditions of approval; and WHEREAS, the developer has completed the conditions of approval; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: That the City Council does hereby grant approval of Final Parcel Map 36895, as referenced in the title of this Resolution, for the reasons set forth in this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 215t day of July 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California I_1a9*1$ SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) Resolution No. 2015- Parcel Map 36895 Adopted: July 21, 2015 Page 2 APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California KZy ATTACHMENT 1 PARCEL MAP NO. 36895 I 6t NTS LA QUINTA AVE Nlq A FERNANDO, i 5 TH AVENUE " 11CKITY MAP Lo ui VICINITY MAP NOT TO SCALE 1914 38 ATTACHMEN <Lv>cod)N gg I ) QLz -w h L M IliLL4Wa 7 �E to - FM2 aa lzN2W,l pR o ,k 0g6g§ q QLu ,0 aL0� QN j o cAl 2'iuO-40 , gAh V A Lz�l 'pR W WR 39 I CONSENT CALENDAR ITEM NO, 7 IIII (W a ............ �G QL I YtO .....IIL.,. ICE .. IIL....... III; III; ...IIL.,. ICE a July 21, 2015 ...IIL., III III III III; III:: III III IIIIIIIIIIIIPJ1111': I":IIII""I'llll lull m ADOPT RESOLUTION APPROVING FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR THE LA QUINTA SQUARE DEVELOPMENT IIII. IIIIIIIIII C O M M IIIIIIIIII IIPJ IIII': ""I":IIII': O IIPJ Adopt a resolution approving the Final Parcel Map and Subdivision Improvement Agreement for Parcel Map No. 36791, and authorize the City Manager to execute said agreement. IIIIIIIIIICII StIMM Ifs. • ACM La Quinta IV-B, LLC, the developer of the La Quinta Square commercial project, has requested Final Parcel Map approval. • Parcel Map No. 36791 was conditionally approved on May 19, 2015; the developer then had 30 days to submit performance, labor and materials securities. This did not occur and the map was therefore disapproved. • The developer has now submitted the necessary securities for the Final Parcel Map and Subdivision Improvement Agreement, which are now recommended for approval by the City Council. VMWW1312=11 None. Security of sufficient value has been submitted to secure any incomplete improvements prior to approval of the Final Parcel Map. I�3A0KQR01 i I1 IIII': Ill II yS':1111':S La Quinta Square is a commercial development located on the southwest corner of Highway 111 and Simon Drive (Attachment 1). The developer is currently demolishing the existing improvements and has paid the project's fair share of the off -site improvements. The parcel map was granted conditional approval in May, which allowed the developer 30 days to submit performance, labor and materials securities. However, the developer was unable to submit the securities within the prescribed period and the map was disapproved. The developer has now submitted the required securities and the Final Parcel Map and Subdivision Improvement Agreement may now be approved by City Council. es I I'IIIRlIIII IIIf N "°I":IIIIII S Approving the Final Parcel Map is a ministerial action that is required after the developer satisfactorily completes all conditions of approval. Since the developer has now done this, staff does not recommend an alternative action. 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. Parcel Map 36791 3. Subdivision Improvement Agreement ey, RESOLUTION NO.2015 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT ASSOCIATED WITH PARCEL MAP NO. 36791 WHEREAS, the Planning Commission on December 9, 2014 approved Tentative Parcel Map 36791, subject to conditions of approval; and WHEREAS, the developer has completed the conditions of approval; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: That the City Council does hereby grant approval of Final Parcel Map 36791, as referenced in the title of this Resolution, for the reasons set forth in this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 215t day of July 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California I_1a9*1$ SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) 43 Resolution No. 2015- Parcel Map 36279, La Quinta Square Adopted: July 21, 2015 Page 2 APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 44 ATTACHMENT 1 PARCEL MAP NO. 36791 LA QUINTA SQUARE Ct� HIGH VICINITY MAP NOT TO SCALE 2 Bl.7 C[y ATTACHMEN OQ Q U�OR b <v �,OR a N s U q� Z J?J QZ�N '�'� O .- Q O J �•� (6 O z�< m0 �O RR a' z O UDZ PO J, Z O SH�Jti3oi x Sr zFwFd3 z anQo 2 n� y oZ ��<aF aucyLL� Un.� U Zj <Z<a O 1W� w W L < < 0 zwN F-; wwy Z w Zp� Z< w �a 2 O Z o W°�t9 CE�30 wO E cit i a w�a zip q wZW<<� Qti OOz OW. -a z„W_i m H Wcw O ZO W Z p nl W =`y 0 3°zem N O W a<�z OY K <o O w ��Q =3 mQ z pw x m °u a w w h d =0w� o E U==Wm o G U =N o g g� ti Fa �a Q OZUa `4z Paz °OZWp Udw., °O�� �ziey p �Ox aQz QW'+10 uo uoyoo =< � ouo° 2 Z, z<zoao qW rcS<�UOp xYU 8C-AQz 2y�z«a8 o�p< U Z< RKm`>x <w<]( W O«u:U woU— Q. w0o 2 �a< <zwW I1 f/) �< ui dj O0 wy, Oi~ OVU.�i a�Tzs�T 8wa- Oz� Qj Zp `gy m Wp 0 �"' � 0 O°e OyS LLU << 2rc9 u W W 30`. a zw zUO ° zo�xa U:2 Z <� Op U OUP,' 0w4<_3z zO°z i_ O� O0 uz 0J m 0 ' S oz�z� 'U'a<3O �0! to W << (itLij w " 9 o ?I Oz°44 Wp z Z WU, w�wp zY�Q�OwWUYo2z <U zz�U°zF °0 zuu X r5 � 00 mU -'U UU U _UOa= �O < �xi z< z z m 24< Z S 2 -Z O 3� Z� o z f� O W�y`S, � Wxrcy X�Z $Z� z�z� N� WW MW °U OROOU `�• °w ° i�9W2'w r w=;w �>_ nz \ �o�+++ s �=moo jhW� fZ �� ,yZ �' '�W2U O W �W2U 0 -y2. ?- W < WW2_ wa^� z �Q QW`- �Ov+� y LLw� �Oh� H rj3z d z �xzt uw�� � oz t u p �W., <Z U� �00 V a H <� jwwa O '� "ZU' <� QWIra O a gzT+� <3 xz LLB.,,,, z �oW� >3�nz 3 z 3 O > o< a zz=O rcO,x,x < zxx° zzz 5 < �"'�� 3Qi OuyU w G3q< z'mU �� o� jy E�<LL - w �ea.n3 O�i S Os�O W z Fz<O o U OQ,"-L° W a �zq0 Wo �U 3zo W 5<z ogj N.ua<o W "`�� ° bc UZao a 'Z� t° M OOUz O< 0a'O C9EW < LLWU< w a Owl=.-'uU-.a w OW < U' - < fU� - .a ��� ym�ao .� pta Z ua�Z �� Fp ay ° 2 ZUa �O T z r m w w «03 p oa ouo <FU 3 So �zp° oU < m�u ooZoS $8 Q 3zzz hz -U UOO Owx,<< U• �a z'xw� z Owx< O �W z ti °z w 5 y_o �d< u� o_a u y o u� _ o i-- ea5 op W m Os=u Z ,a 30w zw m ° z OLIV Z " °30,z„ iw O Z �i �<w �mz > UW3U Y Ci EW�w > > 'c.. z Uw3U Y U �w�w < a U o��� Y� i a z z a o F° < wz °S� w>� ���� Q' W N hy�Z zi< z�> > Ow3 } °Wjp�O zy OU O O w W=4 nW Woo >�o ° gw�LL cti 0 t�� 0�2 �< E 4 4 ao3 0 y Qo� �•' as z '� ? 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(�a; t-u Ed d u d d OW 0 u t z0ro- U'p --I/ z z z .� � oo I z mp 10W ZZ"16 -C:)- _ez gZ1 a.paSq.m- ok 1D_ -- I - — — — ­ 1 "0 — — — - - U 'W J�g u u U, R' U, zoo � :�3 Z u UZ a aa U. u 0009 ZOO z ` A�"O '0 si 'o 6 I — - - FX� I ­ 1 11 lb E�l rd z t4 ATTACHMENT 3 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP NO. 36791 OFF -SITE AND ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of ._ 120 by and between ACM La Quinta IV-B, LLC, a Delaware limited liability company, hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and submitted to City for final approval and recordation a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Parcel Map No. 36791 (the "Tract") pursuant to the provisions of Section 66410, et seq. of the California Government Code (the "Subdivision Map Act"). The Subdivision Map Act and City ordinances and regulations relating to the filing, approval and recordation of subdivision maps are sometimes collectively referred to in this Agreement as the "Subdivision Laws." B. A tentative map of the Tract has been approved subject to the Subdivision Laws and to the requirements and conditions contained in Planning Commission Resolution No. 2014-034 (the "Resolution of Approval"). The Resolution of Approval is on file in the office of the City Clerk and is incorporated into this Agreement by reference. C. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). D. The Improvements have not been installed and accepted at this time. E. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. In consideration of approval of a final map for the Tract by the City Council, Subdivder desires to enter into this Agreement, whereby Subdivider promises to install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed Tract. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish complete original improvement plans for the construction, installation and completion of the Improvements meeting the requirements of the City Engineer. The Improvement Plans for the Tract shall be maintained on file in the office of the City Engineer and shall be incorporated into this Agreement by reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the Improvements as approved by the City Engineer. 2. Improvements. Subdivider shall construct the Improvements required to be constructed on the Improvement Plans or agreed to be constructed under the Resolution of Approval and this Agreement as more specifically described in Exhibit "A." attached hereto and expressly made a part hereof by this reference, and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. Subdivder shall at all times guarantee Subdivider's performance of this Agreement by furnishing to City, and maintaining, good and sufficient security as required by the Subdivision Laws on forms and in the amounts approved by City for the purposes as follows: A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit 49 1 of 9 fees. The performance security shall also include good and sufficient security in the amount of one hundred percent (100%) of the estimated cost of setting subdivision monuments as stated hereafter in this Agreement ("Monumentation Security"). A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition precedent to City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and prior to acceptance of the Improvements by the City Council. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and may be one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, in a form acceptable to and approved by the City Attorney, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least twenty percent (20%) of the financing for the Improvements. 2of9 50 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company, C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal one hundred percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents specified in this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. The City Engineer shall approve replacement of security. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement. G. Security shall be released in the following manner: a ors 51 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of Section 10 of this Agreement. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 13 of this Agreement, the warranty period shall not commence until final acceptance of all the work and improvements by the City pursuant to Paragraph 10. Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 6) City may retain from any security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements; Inspection. 6.1 Construction of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise 4of9 52 improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 6.2 Inspection. Subdivider shall at all times maintain proper facilities and safe access for inspection of the public improvements by City and to the shops wherein any work is in preparation. Upon completion of the work, the Subdivider may request a final inspection by the City Engineer or the City Engineer's authorized representative. If the City Engineer or the designated representative determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards and accepted by the City as described in Paragraph 10 of this Agreement. Subdivider shall bear all costs of plan check, inspection and certification. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions set forth in the Resolution of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 12, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Iniury to Improvements. Until such time as the Improvements are accepted by City in accordance with Paragraph 10, Subdivider shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by Subdivider. 5of9 53 12. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 13. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. If within the warranty period any work or improvement or part of any work or improvement done,furnished, installed, constructed or caused to be done, furnished, installed or constructed by Subdivider fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, Subdivider hereby authorizes City, at City's sole option, to perform the work twenty (20) days after mailing written notice of default to Subdivider and to Subidivider's Surety, and agrees to pay the cost of such work by City. Should City determine that an urgency requires repairs or replacements to be made before Subdivider can be notified, City may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and Subdivider shall pay to City the cost of such repairs 14. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 15. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed, or commenced and diligently pursued, within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 16. Iniury to Public Improvements Public Property or Public Utility "aci ities. Subdivider shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work performed under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 17. Indemnification. a. Neither City nor any and all of its officials, employees and agents ("Indemnified Parties") shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees in the performance of this Agreement. Subdivider further agrees to protect and hold harmless Indemnified Parties form any and all claims, demands, causes of action, liability or loss of any sort, including, but not limited to, attorney fees and litigation expenses, because of, or arising out of, acts or omissions of Subdivider, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design of construction of the Improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. 6of9 54 b. Acceptance by City of the Improvements shall not constitute an assumption by City of any responsibility for any damage or taking covered by this paragraph. City shall not be responsible for the design or construction of the subdivision or the improvements pursuant to the approved Improvement Plans or map, regardless of any negligent action or inaction taken by City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Subdivider submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. Except as may be provided above, City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. Nothing contained in this paragraph is intended to or shall be deemed to limit or waive any protections or immunities afforded by law to City or any and all of its officials, employees and agents ("Indemnified Parties"), by virtue of city's approval of the plan or design of the Improvements, including without limitation the protections and immunities afforded by Government Code Section 830.6. After acceptance of the improvements, Subdivider shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect; however, Subdivider shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten (10) years following the acceptance by City of the Improvements. It is the intent of this paragraph that Subdivider shall be responsible for all liability for design and construction of the Improvements installed or work done pursuant to this Agreement and that city shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The Improvement Security shall not be required to cover the provisions of this paragraph. 18. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 19. Severability. In the event that a court of competent jurisdiction determines that any provision or provisions of this Agreement are unenforceable, all provisions not so held shall remain in full force and effect. 20. Subdivider No Agent of City. Neither Subdivider nor any of Subdivider's agents, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement. 21. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. ions 55 F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. G. Time is of the essence in the performance of each and every provision of this Agreement. H. The Recitals to this Agreement are hereby incorporated into and expressly made a part of the terms of this Agreement. I. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Frank J. Spevacek, City Manager Date ATTEST: Susan Maysels, City Clerk ACM La Quinta IV-B, LLC, a Delaware limited liability company 1800 Avenue of the Stars, Suite 105 Los Angeles, 4taley By: Kevin Title Manaoina Member By: Title: Reviewed and Approved: Timothy R. Jonasson, P.E., City Engineer Date Approved as to Form: William H. Ihrke, City Attorney Date ° 46` Dat Date 8of9 56 Exhibit A SECURITY — PARCEL MAP NO. 36791 OFF -SITE AND ON -SITE IMPROVEMENTS Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the Tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required Tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials ON -SITE IMPROVEMENTS Demolition $ 10,000 $ - Site Improvements $ 215,461 $ - Grading $ 12,015 Erosion Control $ 60,470 Drainage and Storm Drain $ 252,647 Domestic Water $ 84,936 $ Sanitary Sewer $ 12,434 Dry Utilities $ 132,260 $ Landscaping $ 121,416 $ Monumentation $ 5,250 $ OFF -SITE IMPROVEMENTS Striping at Hwy 111 Access $ 2,500 $ 2,500 Totals $ 909,389 $ 2,500 Standard 10% Contingency $ 90,939 $ 250 Total Construction Cost $ 1,000,328 $ 2,750 Professional Fees, Design 10% $ 100,033 $ 275 Professional Fees, Const 10% $ 100,033 $ 275 Bond Amount $ 1,200,394 $ 3,300 9of9 57 C ,VLVIQFCVW1I41 , At,,,,L-11PUI R OSE ACII IINOWlll,,,Vu!!„1113GMI INT CIVIL CODE § 1189 m:%XIAX k �,5.�:6 Lrit . wtNNe,N 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 - .. - .... ........_ ) INS On , "..._ — before Date Here Insert Name and Title of the Officer personally appeared I of Signer(s) who proved to me on the basis of satisfactory evidence to be the personO whose name(p) ishlte subscribed to the within instrument and acknowledged to me that he/s /they executed the same in his/ r/thir authorized capacity(i ), and that by his/ r/their signature() on the instrument the person( , or the entity upon behalf of which the person(*) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ��rN WAS® � AlOT&RV 6'IIBLIC. CALIFORMIB. ... ) �YComin� i �o t� tots Si natur 1 � Signature of NAIIPublic Place Notary Seal Above OPTIONAL -- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ..... ......... ............... _ --- ----- ......... Document Date: Number of Pages: . ........................................ Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: , .......... ___.___. ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: g Representing: Signer Is Re resentm , , ,,,,, ,_ Signer's Name:.._.. ___ ------ ........ n Corporate Officer — Title(s): , _ ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing ©2014 National Notary Association ^ www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item 45907 58 CONSENT CALENDAR ITEM NO, 8 City 0 f ...... a Q i,.j III Ilia mt m I.. .XA.. IN C.III..... III:III ..I...III.II (m; ' July 21, 2015 S..I.. I: III; ; IP I[?, I' 0I;Ill11) . ""I"Iim'I"'llll E: APPROVE DEMAND REGISTERS DATED JUNE 26, JULY 2 AND JULY 10, 2015 tlllllllll;COi MIIIRIIII;I° T":IIIIQtl Approve Demand Registers dated June 26, July 2 and July 10, 2015. 'IIIIIIIII;I" 1J IJ Ell Slli i JIII'IY - None "°':IIII':SI it 'JII('114 G') . Cm'I Demand of Cash: -- City $ 7,010,158.17 -- Successor Agency of RDA $ 0.00 -- Housing Authority $ 5,006.25 -- Housing Authority Commission $ 250.00 7,015,414.42 II CKQG ll'I011 llllll':I ,Ili i JIII ,YS':IIII':S 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 June 20 through July 10, 2015. Warrants Issued: 107485 - 107516} 107517 - 107589} 107590 - 107663} Voids} Wire Transfers} Payroll Direct Deposit} Payroll Tax Transfers} $ 213,900.87 $ 188,011.07 $ 1,129,099.39 $ (439.85) $ 5,298,354.82 $ 149,683.70 $ 36,804.42 7,015,414.42 In the amounts listed above, stale dated Check Nos. 102212, 102927, and 103211 were voided and re -issued. The most significant expenditures on the demand registers listed above are as follows: Significant Expenditures: Vendor: Account Name: Costco Contribution Amount: Purpose: $ 102,980.00 1st Quarter Sales Tax I-T] CJPIA WC Premium $ 563,823.00 FYI 5/16 Workers Comp. County of Riverside Sheriff $ 53,714.00 FY14/15 RMS/CLETS 0&J Golf Construction Insurance $ 80,541.87 SRR Storm Damage Doug Wall Construction Construction $ 157,439.32 Wellness Center Wire Transfers: Ten wire transfers totaled $5,298,354.82. Of this amount, $5,000,000.00 was for an investment purchase; $160,471.23 to Landmark for golf course management: $85,181.31 to CalPERS for health insurance premiums; and $44,122.96 to CalPERS for retirement costs (see Attachment 2 for a full listing). Jll m'I°'lllll!!!!;iZJA I'MES. 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 CY1I Demand Register City of La Quints, CA Packet: APPKT00472 - SHM 6/26/15 Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount Fund: 101- GENERAL FUND BLONDELL, KRYSTENA 107488 06/26/2015 MILEAGE REIMB 101-1006-60320 59.45 CAPRCBM 107489 06/26/2015 MEMBERSHIP DUES 101-3001-60351 225.00 CARTER, ANDREA & ASSOCIA 107490 06/26/2015 PRESS RELEASE-PW WEEK 101-3007-60462 250.00 COACHELLA VALLEY ASSOC 107492 06/26/2015 CVAG GENERAL ASSEMBLY 101-1001-60320 250.00 COACHELLA VALLEY ASSOC 107492 06/26/2015 CVAG GENERAL ASSEMBLY 101-1002-60320 50.00 COACHELLA VALLEY WATER 107493 06/26/2015 WATER SERVICES 101-2002-61200 749.42 COACHELLA VALLEY WATER 107493 06/26/2015 WATER SERVICES 101-3004-61200 163.00 COACHELLA VALLEY WATER 107493 06/26/2015 WATER SERVICES 101-3005-61204 70.45 COACHELLA VALLEY WATER 107493 06/26/2015 WATER SERVICES 101-3005-61208 21.24 COACHELLA VALLEY WATER 107493 06/26/2015 WATER SERVICES 101-3005-61209 139.20 COACHELLA VALLEY WATER 107493 06/26/2015 WATER SERVICES 101-3008-61200 36.94 CUSTOM BUILT POOLS & SP 107495 06/26/2015 REFUND 101-0000-41600 9.00 DESERT C A M 107497 06/26/2015 COUNCIL MEETING 6/16/15 101-3008-60108 925.00 DESERT FIRE EXTINGUISHER 107498 06/26/2015 FIRE EXTINGUISHER SVC 101-7004-60420 648.88 DESERT FIRE EXTINGUISHER 107498 06/26/2015 FIRE EXTINGUISHER SVC 101-7004-60420 222.17 FENADY &, GEORGE J 107499 06/26/2015 REFUND 101-0000-41600 12.00 GRANITE CONSTRUCTION C 107500 06/26/2015 ASPHALT COLD MIX 101-7003-56490 156.90 HIGH TECH MAILING SERVIC 107502 06/26/2015 ANIMAL LIC POSTCARDS 101-3007-60461 3,449.24 INTERNATIONAL PUBLIC MA 107504 06/26/2015 MEMBERSHIP 101-1004-60351 149.00 KIRKPATRICK LANDSCAPING 107506 06/26/2015 JUN-LANDSCAPE SVC 101-7004-60189 33,855.56 KIRKPATRICK LANDSCAPING 107506 06/26/2015 LANDSCAPE SVC-AVE 52 101-7004-60189 1,980.00 LEAGUE OF CALIFORNIA CITI 107507 06/26/2015 MEMBERSHIP DUES 101-0000-13600 12,017.66 ONE ELEVEN LA QUINTA LLC 107508 06/26/2015 SALES TAX REIMB 101-1007-60535 8,748.55 RASA/ERIC NELSON 107510 06/26/2015 FPM 2015-0001 101-7002-60183 300.00 TOP GEAR 107512 06/26/2015 HELMETS -SAFETY FAIR 101-2001-60175 1,865.00 VERIZON CALIFORNIA 107514 06/26/2015 JUN-TRAFF SIGNAL 101-7004-60189 50.48 VERIZON COMMUNICATION 107515 06/26/2015 INTERNET 5/25-6/24 101-1007-61300 79.99 VIATRON SYSTEMS INC 107516 06/26/2015 SCANNING SERVICE 101-1005-60103 4,015.67 Fund 101- GENERAL FUND Total: 70,499.80 Fund: 218 - CV VIOLENT CRIME TASK FOR DELARA TOWING INC 107496 06/26/2015 ARMORED VEH REPAIRS 218-0000-60665 4,769.36 IMPERIAL IRRIGATION -GANG 107503 06/26/2015 ELECTRICITY SERVICE4/30-5/ 218-0000-61101 442.45 SPARKLETTS GANG TASK FO 107511 06/26/2015 WATER 218-0000-61200 68.00 Fund 218 - CV VIOLENT CRIME TASK FOR Total: 5,279.81 Fund: 401- CAPITAL IMPROVEMENT PROGR BENGAL ENGINEERING INC 107487 06/26/2015 MAY -DESIGN 401-1871-60185 29,584.64 CITY OF LA QUINTA 107491 06/26/2015 PERMIT EXT FEE SDP2013-92 401-1813-60185 1,359.00 COSTCO 107494 06/26/2015 1ST QTR SALES TAX REIMB 401-1767-80040 102,980.00 HERMANN DESIGN GROUP I 107501 06/26/2015 DESIGN-AVE 52 401-1905-60185 270.00 HERMANN DESIGN GROUP I 107501 06/26/2015 DESIGN -LIBRARY 401-1910-60185 700.00 JTB SUPPLY CO., INC. 107505 06/26/2015 THRU BOLTS-ADAMS/CORP 401-1885-45010 293.76 Fund 401- CAPITAL IMPROVEMENT PROGR Total: 135,187.40 Fund: 501- EQUIPMENT REPLACEMENT AUTOZONE 107486 06/26/2015 SWEEPER #41 501-0000-60678 33.25 AUTOZONE 107486 06/26/2015 CRIMP LUGS 501-0000-60675 7.08 AUTOZONE 107486 06/26/2015 BATTERY CORD CREDIT 501-0000-60675 -15.00 AUTOZONE 107486 06/26/2015 CLAMP 501-0000-60675 2.94 R A N AUTO DETAIL 107509 06/26/2015 CAR WASH 6/13/15 501-0000-43430 492.00 TOWER ENERGY GROUP 107513 06/26/2015 FUEL5/16-31/15 501-0000-60674 1,983.89 Fund 501- EQUIPMENT REPLACEMENT Total: 2,504.16 7/2/2015 7:18:26 PM Page 1 of 3 61 Demand Register Vendor Name Payment Number Fund: 502 - INFORMATION TECHNOLOGY APPLE FINANCIAL SERVICES 107485 Payment Date DescrIptIpn (Payable) 06/26/2015 JUL-]PAD LEASE Packet: APPKT00472 - SHM 6/26/15 Account Numbpr Amount 502-0000-80100 Grand Total: 213,900.87 7/2/2015 7:18:26 PM Page 2 of 3 62 Demand Register Fund Summary Fund Expense Amount 101- GENERAL FUND 70,499.80 218 - CV VIOLENT CRIME TASK FOR 5,279.81 401- CAPITAL IMPROVEMENT PROGR 135,187.40 501- EQUIPMENT REPLACEMENT 2,504.16 502 - INFORMATION TECHNOLOGY 429.70 Grand Total: 213,900.87 Account Summary Account Number Account Name Expense Amount 101-0000-13600 Prepaid Items 12,017.66 101-0000-41600 Business Licenses 21.00 101-1001-60320 Travel &Training 250.00 101-1002-60320 Travel &Training 50.00 101-1004-60351 Membership Dues 149.00 101-1005-60103 Professional 4,015.67 101-1006-60320 Travel & Training 59.45 101-1007-60535 Other Operating 8,748.55 101-1007-61300 Utilities - Telephone 79.99 101-2001-60175 Special Enforcement Fu 1,865.00 101-2002-61200 Utilities - Water 749.42 101-3001-60351 Membership Dues 225.00 101-3004-61200 Water - Inside 163.00 101-3005-61204 Utilities - Water -Fritz Bu 70.45 101-3005-61208 Utilities - Water -Season 21.24 101-3005-61209 Utilities - Water -Comm 139.20 101-3007-60461 Economic Development/ 3,449.24 101-3007-60462 Media 250.00 101-3008-60108 Technical 925.00 101-3008-61200 Utilities - Water 36.94 101-7002-60183 Map/Plan Checking 300.00 101-7003-56490 Asphalt 156.90 101-7004-60189 Technical 35,886.04 101-7004-60420 Operating Supplies 871.05 218-0000-60665 Maint.-Other Equipment 4,769.36 218-0000-61101 Electricity 442.45 218-0000-61200 Utilities - Water 68.00 401-1767-80040 Contribution 102,980.00 401-1813-60185 Design 1,359.00 401-1871-60185 Design 29,584.64 401-1885-45010 Construction 293.76 401-1905-60185 Design 270.00 401-1910-60185 Contract Svcs/Design 700.00 501-0000-43430 Car Washes 492.00 501-0000-60674 Fuel & Oil 1,983.89 501-0000-60675 Parts & Maintenance Su -4.98 501-0000-60678 Street Sweeper 33.25 502-0000-80100 Machinery & Equipment 429.70 Grand Total: 213,900.87 Project Account Summary Project Account Key Expense Amount **None** 213,900.87 Grand Total: 213,900.87 Packet: APPKT00472 - SHM 6/26/15 Report Summary 7/2/2015 7:18:26 PM Page 3 of 3 63 Demand Register City of La Quinta CA � Packet: APPKT00481- SHM 7/2/15 Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount Fund: 101-GENERAL FUND 80332 HERMITAGE PARTNER 107517 07/02/2015 REFUND OVERPAYMENT 101-0000-42300 18.90 ADT SECURITY SERVICES 107518 07/02/2015 JUL-LQ PARK 101-3005-60554 87.54 ALSCO INC 107519 07/02/2015 UNIFORM EOM 6/19/15 101-7003-60690 88.05 AMERICAN FORENSIC NURSE 107520 07/02/2015 BLOOD ALCOHOL 101-2001-36310 120.00 AMERIPRIDE SERVICES INC 107521 07/02/2015 JANITORIAL EOW 6/25 101-3002-60115 114.24 CALIFORNIA MUNICIPAL TRE 107522 07/02/2015 FY15/16 MEMBERSHIP 101-1006-60351 155.00 CALPERS LONG-TERM CARE 107523 07/02/2015 LONG TERM CARE 101-0000-20949 106.00 CAPITAL ONE COMMERCIAL 107524 07/02/2015 STAFF REFRESHMENTS 101-7001-60320 25.96 CAPITAL ONE COMMERCIAL 107524 07/02/2015 PROCLOMATION FRAMES 101-1001-60420 107.95 CAPITAL ONE COMMERCIAL 107524 07/02/2015 REFRESHMENTS 101-6002-60320 56.25 CAPITAL ONE COMMERCIAL 107524 07/02/2015 CADET ACADEMEY 101-2001-60175 1,285.20 CHECKMATE TELEPHONE EX 107525 07/02/2015 REPLACEMENT OF CK#10292 101-7006-60104 116.37 CHECKMATE TELEPHONE EX 107525 07/02/2015 REPLACEMENT OF CK#10292 101-6004-51070 179.37 CIGNA HEALTH CARE 107526 07/02/2015 JUL-DENTAL INSURANCE 101-0000-20943 6,768.79 CLASSIC AUTO TRANSPORT 107527 07/02/2015 TOWING 101-2001-60175 170.00 COACHELLA VALLEY WATER 107528 07/02/2015 WATER SERVICE 101-3005-61201 1,005.72 COACHELLA VALLEY WATER 107528 07/02/2015 WATER SERVICE 101-3005-61202 1,780.68 COACHELLA VALLEY WATER 107528 07/02/2015 WATER SERVICE 101-3005-61209 4,991.64 CONVERSE CONSULTANTS 107529 07/02/2015 REFUND OVERPAYMENT 101-0000-42300 3.00 COOLSOLUTIONS WINDOW 107530 07/02/2015 WINDOW TINTING-CHRYSLE 101-1002-98140 180.00 DAIOHS FIRST CHOICE SERVI 107532 07/02/2015 COFFEE SUPPLIES 101-1007-60403 301.20 DAIOHS FIRST CHOICE SERVI 107532 07/02/2015 COFFEE SUPPLIES 101-1007-60403 157.39 DEPARTMENT OF JUSTICE 107533 07/02/2015 BLOOD ALCOHOL 101-2001-36310 70.00 DEPARTMENT OF JUSTICE 107533 07/02/2015 BLOOD ALCOHOL 101-2001-36310 35.00 DESERT ELECTRIC SUPPLY 107534 07/02/2015 ELECTRICAL SVC 101-7004-60431 60.34 DESERT SANDS UNIFIED SCH 107535 07/02/2015 SCHOOL OFFICER 2/5/15-3/4 101-2001-60168 21,155.21 DESERT SUN PUBLISHING CO 107536 07/02/2015 ADS 5/4-29/15 101-1005-60450 453.60 DESERT SUN PUBLISHING CO 107536 07/02/2015 ADS 5/4-29/15 101-3005-60108 644.40 DESERT SUN PUBLISHING CO 107536 07/02/2015 ADS 5/4-29/15 101-6001-60450 286.80 DESERT SUN PUBLISHING CO 107536 07/02/2015 ADS 5/4-29/15 101-6001-60450 229.20 DESERT SUN PUBLISHING CO 107536 07/02/2015 ADS 5/4-29/15 101-6001-60450 234.00 DESERT SUN PUBLISHING CO 107536 07/02/2015 ADS 5/4-29/15 101-6001-60450 238.80 DESERT SUN PUBLISHING CO 107536 07/02/2015 ADS 5/4-29/15 101-6001-60450 255.60 DESERT SUN PUBLISHING CO 107536 07/02/2015 ADS 5/4-29/15 101-7001-60410 147.60 DESERT SUN PUBLISHING CO 107536 07/02/2015 ADS 5/4-29/15 101-7001-60410 111.60 FRANCHISE TAX BOARD 107537 07/02/2015 GARNISHMENT 101-0000-20985 200.00 GLACIER WATER SERVICES 107538 07/02/2015 REPLACEMENT FOR CK#1006 101-0000-41600 12.00 HALUM, MONA 107539 07/02/2015 REFUND OVERPAYMENT 101-0000-42300 16.03 HARKLEROAD, CHERYL 107540 07/02/2015 REFUND 101-0000-42405 10.00 HD SUPPLY CONSTRUCTION 107541 07/02/2015 WIRE ROPE 101-7003-60431 8.99 HIGH TECH IRRIGATION INC 107542 07/02/2015 MATERIAL 101-7004-60431 135.00 HIGH TECH IRRIGATION INC 107542 07/02/2015 IRRIG CONTROLLER 101-7004-60431 162.00 HOWLETT, STEVE 107543 07/02/2015 ELEVATOR BACKUP BATTERY 101-3008-60108 27.09 HR GREEN CALIFORNIA INC 107544 07/02/2015 PLAN CHECK SERVICES 101-7002-60183 10,681.25 IMPERIAL IRRIGATION DIST 107545 07/02/2015 ELECTRICITY SERVICE 101-2002-61101 826.67 IMPERIAL IRRIGATION DIST 107545 07/02/2015 ELECTRICITY SERVICE 101-3004-61101 5,252.69 IMPERIAL IRRIGATION DIST 107545 07/02/2015 ELECTRICITY SERVICE 101-3005-61102 12.34 IMPERIAL IRRIGATION DIST 107545 07/02/2015 ELECTRICITY SERVICE 101-3005-61103 1,739.61 IMPERIAL IRRIGATION DIST 107545 07/02/2015 ELECTRICITY SERVICE 101-3005-61105 336.12 IMPERIAL IRRIGATION DIST 107545 07/02/2015 ELECTRICITY SERVICE 101-3005-61109 2,154.31 IMPERIAL IRRIGATION DIST 107545 07/02/2015 ELECTRICITY SERVICE 101-3005-61111 16.08 IMPERIAL IRRIGATION DIST 107545 07/02/2015 ELECTRICITY SERVICE 101-3005-61113 21.06 IMPERIAL IRRIGATION DIST 107545 07/02/2015 ELECTRICITY SERVICE 101-3006-61101 1,307.49 7/2/2015 7:15:46 PM Page 1 of 5 64 Demand Register Packet: APPKT00481- SHM 7/2/15 Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount IMPERIAL IRRIGATION DIST 107545 07/02/2015 ELECTRICITY SERVICE 101-3008-61101 8,454.94 JR DRILLING INC 107546 07/02/2015 REFUND OVERPAYMENT 101-0000-42300 50.00 LANCE, SOLL, & LUNGHARD 107549 07/02/2015 FY14/15 INTERIM AUDIT 101-1006-60106 13,000.00 LEGACY VILLAS PROPERTY 107550 07/02/2015 REFUND OVERPAYMENT 101-0000-42300 27.58 LUXE VACATION HOMES 107551 07/02/2015 REPLACEMENT FOR CK#1013 101-0000-41400 25.00 MCDOWELL AWARDS 107552 07/02/2015 COMM DEV PRINTING 101-6001-60410 48.87 MISTER FIRE PROTECTION 107553 07/02/2015 GENERAL R&M 101-3002-60691 300.00 MOWERS PLUS INC 107554 07/02/2015 REPLACEMENT OF CK#10221 101-7004-60431 132.11 OFFICE DEPOT 107555 07/02/2015 ENVELOPES 101-1007-60402 113.34 OFFICE DEPOT 107555 07/02/2015 OFFICE SUPPLIES 101-1005-60400 135.48 OFFICE DEPOT 107555 07/02/2015 BCARDS-MORENO, A 101-6001-60410 60.54 OFFICE DEPOT 107555 07/02/2015 OFFICE SUPPLIES 101-1005-60400 702.16 OFFICE TEAM 107556 07/02/2015 TEMP STAFFING WKEND 6/5 101-6001-60400 544.00 OFFICE TEAM 107556 07/02/2015 TEMP STAFFING WKEND 6/5 101-6001-60125 686.80 OFFICE TEAM 107556 07/02/2015 TEMP STAFFING WKEND 6/1 101-6001-60125 549.44 PACIFIC WEST AIR CONDITIO 107557 07/02/2015 REPLACED CONTRACTOR 101-3008-60667 728.00 PATTON DOOR & GATE 107558 07/02/2015 LAZY ARM INSTALL 101-2002-60670 2,360.00 PATTON DOOR & GATE 107558 07/02/2015 GATES SERVICED 101-2002-60670 125.00 PLANIT REPROGRAPHICS SYS 107559 07/02/2015 ANIMAL LIC POST CARDS 101-1002-60410 1,266.12 PLANIT REPROGRAPHICS SYS 107559 07/02/2015 PLANS SETS 101-1005-60103 237.70 PROPER SOLUTIONS INC 107560 07/02/2015 TEMP STAFFING WKEND 6/1 101-1002-60125 420.00 PROPER SOLUTIONS INC 107560 07/02/2015 TEMP STAFFING WKEND 6/1 101-6001-60125 1,080.77 PROPER SOLUTIONS INC 107560 07/02/2015 TEMP STAFFING WKEND 6/1 101-7003-60125 323.38 PUBLIC RESEARCH GROUP 107561 07/02/2015 COMMUNITY SURVEY 101-3005-60104 2,700.00 RIVERSIDE COUNTY DEPART 107562 07/02/2015 ANIMAL LIC 6/1-14/15 101-0000-42409 89.00 RIVERSIDE COUNTY SHERIFF' 107563 07/02/2015 GARNISHMENT 101-0000-20985 123.18 RIVERSIDE DEPARTMENT OF 107564 07/02/2015 GARNISHMENT 101-0000-20985 200.00 SANCHEZ, TOMMI 107566 07/02/2015 MILEAGE-ONTARIO 101-7002-60320 110.70 SHARK POOLS INC 107567 07/02/2015 JUN-BERMUDAS/ESTADO 101-7004-60104 125.00 SHARK POOLS INC 107567 07/02/2015 JUN-DESERTCLB/ESTADO 101-7004-60104 125.00 SHARK POOLS INC 107567 07/02/2015 JUN-BERMUDAS/LAFONDA 101-7004-60104 175.00 SHARK POOLS INC 107567 07/02/2015 JUN-LG'S WATER FT 101-7004-60104 275.00 SHARK POOLS INC 107567 07/02/2015 JUN-FONDA/DESERT CLB 101-7004-60104 150.00 SHARK POOLS INC 107567 07/02/2015 JUN-VONS FT 101-7004-60104 225.00 SHARK POOLS INC 107567 07/02/2015 JUN-HOME DEPOT 101-7004-60104 260.00 SHRED-ITUSA-SANBERNAD 107568 07/02/2015 JAN-APR RECYCLING 101-2001-60109 71.80 SHRED-ITUSA-SANBERNAD 107568 07/02/2015 MAY -RECYCLING 101-2001-60109 17.95 SMITH PIPE & SUPPLY CO 107569 07/02/2015 IRRIGATION 101-7004-60431 268.96 SMITH PIPE & SUPPLY CO 107569 07/02/2015 IRRIGATION 101-7004-60431 48.25 SOCIETY FOR HUMAN RESO 107570 07/02/2015 AUG'15-JUL'16 MEMBERSHI 101-1004-60351 190.00 STANDARD INSURANCE COM 107571 07/02/2015 JUL-INSURANCE 101-0000-20947 501.60 STANDARD INSURANCE COM 107571 07/02/2015 JUL-INSURANCE 101-0000-20955 3,915.29 STANDARD INSURANCE COM 107571 07/02/2015 JUL-INSURANCE 101-6001-50224 2.85 STANDARD INSURANCE COM 107572 07/02/2015 JUL-ADD'L LIFE INSURANCE 101-0000-20948 420.78 STAPLES ADVANTAGE 107573 07/02/2015 OFFICE SUPPLIES 101-3001-60400 82.85 STAPLES ADVANTAGE 107573 07/02/2015 OFFICE SUPPLIES 101-1002-60400 36.92 STAPLES ADVANTAGE 107573 07/02/2015 OFFICE SUPPLIES 101-3001-60400 24.29 STAPLES ADVANTAGE 107573 07/02/2015 OFFICE SUPPLIES 101-6001-60400 74.11 STAPLES ADVANTAGE 107573 07/02/2015 SUPPLIES 101-3003-60420 52.69 STAPLES ADVANTAGE 107573 07/02/2015 OFFICE SUPPLIES 101-6001-60400 83.91 STAPLES ADVANTAGE 107573 07/02/2015 OFFICE SUPPLIES 101-1006-60400 19.83 STAPLES ADVANTAGE 107573 07/02/2015 OFFICE SUPPLIES 101-1006-60400 6.58 STAPLES ADVANTAGE 107573 07/02/2015 OFFICE SUPPLIES 101-1007-60403 105.39 STAPLES ADVANTAGE 107573 07/02/2015 OFFICE SUPPLIES 101-6001-60400 552.92 STAPLES ADVANTAGE 107573 07/02/2015 OFFICE SUPPLIES 101-6001-60400 85.23 STAPLES ADVANTAGE 107573 07/02/2015 OFFICE SUPPLIES 101-6001-60400 58.81 STAPLES ADVANTAGE 107573 07/02/2015 OFFICE SUPPLIES 101-3001-60400 21.55 STAPLES ADVANTAGE 107573 07/02/2015 OFFICE SUPPLIES 101-6005-80101 2,211.65 STAPLES ADVANTAGE 107573 07/02/2015 OFFICE SUPPLIES 101-6001-60400 42.76 STAPLES ADVANTAGE 107573 07/02/2015 BUDGET BINDERS 101-1007-60402 146.70 7/2/2015 7:15:46 PM Page 2 of 5 65 Demand Register Packet: APPKT00481- SHM 7/2/15 Vendor Name Payment Number Payment Date Descripti®n (Payable) Account Number Amount STAPLES ADVANTAGE 107573 07/02/2015 OFFICE SUPPLIES 101-6001-60400 44.24 TIME WARNER CABLE 107574 07/02/2015 FS#32 CABLE 6/16-7/15 101-2002-61101 64.98 TOPS'N BARRICADES INC 107575 07/02/2015 BARRICADES 101-7003-56430 235.33 TOPS'N BARRICADES INC 107575 07/02/2015 BARRICADES 101-7003-56430 91.80 TOPS'N BARRICADES INC 107575 07/02/2015 BARRICADES 101-7003-56430 246.51 TOPS'N BARRICADES INC 107575 07/02/2015 PAINT/LEGENDS 101-7003-60433 78.30 TOPS'N BARRICADES INC 107575 07/02/2015 BARRICADES 101-7003-56430 114.70 TOPS'N BARRICADES INC 107575 07/02/2015 PAINT/MARKER 101-7003-60433 132.30 TOPS'N BARRICADES INC 107575 07/02/2015 PAINT/LEGENDS 101-7003-60433 263.74 TOTALFUNDS BY HASLER 107576 07/02/2015 JUN-CITY WIDE POSTAGE 101-1007-60470 4,088.18 TREGASKIS, BONNIE & BREN 107577 07/02/2015 REFUND OVERPAYMENT 101-0000-42300 13.20 TYCO INTEGRATED SECURITY 107578 07/02/2015 JUL-WCALARM 101-3002-60123 466.26 UNITED WAY OF THE DESERT 107579 07/02/2015 CONTRIBUTION 101-0000-20981 60.00 URBAN HABITAT 107580 07/02/2015 DEV DEP 261-148 101-0000-22810 3,600.00 URIBE, LUIS 107581 07/02/2015 MILEAGE REIMB 6/15-6/19 101-6003-50250 90.27 US DEPARTMENT OF EDUCA 107582 07/02/2015 GARNISHMENT 101-0000-20985 184.76 US TREASURY 107583 07/02/2015 LQ CADET -MARINE CORPS S 101-2001-60175 268.50 VERIZON CALIFORNIA 107584 07/02/2015 JUN-LQ PARK 101-7004-60189 57.70 VERIZON CALIFORNIA 107584 07/02/2015 PHONE SVC 6/7-7/6 101-7004-60189 117.28 VERIZON CALIFORNIA 107584 07/02/2015 TRAFF SIGNAL 6/7-7/6 101-7004-60189 60.24 VERIZON CALIFORNIA 107584 07/02/2015 TRFF SIGNAL 6/7-7/6 101-7004-60189 109.49 VILLAGE PARK ANIMAL HOSP 107585 07/02/2015 REPLACEMENT FOR CK#9383 101-0000-41600 18.00 WALMART COMMUNITY 107586 07/02/2015 WALMART 5/18-6/2 101-1007-60405 27.43 WALMART COMMUNITY 107586 07/02/2015 WALMART 5/18-6/2 101-3002-60420 100.00 WALMART COMMUNITY 107586 07/02/2015 WALMART 5/18-6/2 101-3003-60420 60.12 WALMART COMMUNITY 107586 07/02/2015 WALMART 5/18-6/2 101-3003-60420 50.00 WALTERS WHOLESALE ELECT 107587 07/02/2015 ELECTRIC MATERIAL 101-7004-60431 11.72 WALTERS WHOLESALE ELECT 107587 07/02/2015 ELECTRIC MATERIAL 101-7004-60431 440.64 WALTERS WHOLESALE ELECT 107587 07/02/2015 ELECTRIC MATERIAL 101-7004-60431 27.43 WALTERS WHOLESALE ELECT 107587 07/02/2015 ELECTRIC MATERIAL 101-7004-60431 28.77 WALTERS WHOLESALE ELECT 107587 07/02/2015 ELECTRIC MATERIAL 101-7004-60431 214.50 WATERLOGIC USA FINANCE I 107588 07/02/2015 WATER COOLER 101-1007-60404 226.80 YOUNG ENGINEERING SVC 107589 07/02/2015 MAY-BLDG PLAN CHECK 101-6003-60118 4,795.00 Fund 101- GENERAL FUND Total: 126,021.10 Fund: 401- CAPITAL IMPROVEMENT PROGR DESERT SUN PUBLISHING CO 107536 07/02/2015 ADS 5/4-29/15 401-1899-45010 769.20 JTB SUPPLY CO., INC. 107547 07/02/2015 ANTENNA BRACKETS/POLES 401-1891-45010 2,403.00 JTB SUPPLY CO., INC. 107547 07/02/2015 LED STOCK ORDER 401-1891-45010 13,086.36 JTB SUPPLY CO., INC. 107547 07/02/2015 PED POLES FOR HWY111/SI 401-1891-45010 2,160.00 Fund 401- CAPITAL IMPROVEMENT PROGR Total: 18,418.56 Fund: 501- EQUIPMENT REPLACEMENT L & L AUTOMOTIVE 107548 07/02/2015 TK#57 BRAKES/SERVICE 501-0000-60676 630.15 L & L AUTOMOTIVE 107548 07/02/2015 TK#53 BRAKES & SERVICE 501-0000-60676 211.97 SAFELITE AUTOGLASS 107565 07/02/2015 TK#44 501-0000-60676 229.29 Fund 501- EQUIPMENT REPLACEMENT Total: 1,071.41 Fund: 502 - INFORMATION TECHNOLOGY CRW SYSTEMS INC 107531 07/02/2015 FY15/16 TECH SUPPORT/MA 502-0000-60301 42,500.00 Fund 502 - INFORMATION TECHNOLOGY ToTotal:42,50 0 0.00 Grand Total: 188,011.07 7/2/2015 7:15:46 PM Page 3 of 5 66 Demand Register Fund Summary Fund 101-GENERAL FUND 401- CAPITAL IMPROVEMENT PROGR 501 - EQUIPMENT REPLACEMENT 502 - INFORMATION TECHNOLOGY Account Number 101-0000-20943 101-0000-20947 101-0000-20948 101-0000-20949 101-0000-209SS 101-0000-20981 101-0000-20985 101-0000-22810 101-0000-41400 101-0000-41600 101-0000-42300 101-0000-42405 101-0000-42409 101-1001-60420 101-1002-60125 101-1002-60400 101-1002-60410 101-1002-98140 101-1004-60351 101-1005-60103 101-1005-60400 101-1005-60450 101-1006-60106 101-1006-60351 101-1006-60400 101-1007-60402 101-1007-60403 101-1007-60404 101-1007-60405 101-1007-60470 101-2001-36310 101-2001-60109 101-2001-60168 101-2001-60175 101-2002-60670 101-2002-61101 101-3001-60400 101-3002-60115 101-3002-60123 101-3002-60420 101-3002-60691 101-3003-60420 101-3004-61101 101-3005-60104 101-3005-60108 101-3005-60554 101-3005-61102 101-3005-61103 101-3005-61105 Grand Total: Account Summary Account Name Dental Insurance Pay Life Insurance Pay Add'I Life Insurance Pay LT Care Insurance Pay Disability Insurance Pay United Way Deductions Garnishments Payable Developer Deposits Transient Occupancy Ta Business Licenses Cash Over/Short Garage Sale Permits Animal Licenses Operating Supplies Temporary Agency Servi Office Supplies Printing Facility & Fleet Mainten Membership Dues Professional Office Supplies Advertising Auditors Membership Dues Office Supplies Forms Coffee Bottled Water Miscellaneous Kitchen Postage Blood/Alcohol Testing LQ Police Volunteers School Officer Special Enforcement Fu Fire Station Utilities - Electricity Office Supplies Janitorial Security & Alarm Operating Supplies Repair & Maintenance Operating Supplies Utilities - Electricity Consultants Technical LQ Park Building Utilities - Electric - Mont Utilities - Electric - Civic Utilities - Electric - Fritz Expense Amount 126,021.10 18,418.56 1,071.41 42,500.00 188,011.07 Expense Amount 6,768.79 501.60 420.78 106.00 3,915.29 60.00 707.94 3,600.00 25.00 30.00 128.71 10.00 89.00 107.95 420.00 36.92 1,266.12 180.00 190.00 237.70 837.64 453.60 13,000.00 155.00 26.41 260.04 563.98 226.80 27.43 4,088.18 225.00 89.75 21,155.21 1,723.70 2,485.00 891.65 128.69 114.24 466.26 100.00 300.00 162.81 5,252.69 2,700.00 644.40 87.54 12.34 1,739.61 336.12 Packet: APPKT00481- SHM 7/2/15 Reportr 7/2/2015 7:15:46 PM Page 4 of 5 67 Demand Register Packet: APPKT00481- SHM 7/2/15 Account Summary Account Number Account Name Expense Amount 101-3005-61109 Utilities - Electric - Com 2,154.31 101-3005-61111 Utilities - Electric - Velas 16.08 101-3005-61113 Utilities - Electric - Eisen 21.06 101-3005-61201 Utilities - Water -Montic 1,005.72 101-3005-61202 Utilities - Water - Civic C 1,780.68 101-3005-61209 Utilities - Water -Comm 4,991.64 101-3006-61101 Utilities - Electricity 1,307.49 101-3008-60108 Technical 27.09 101-3008-60667 HVAC 728.00 101-3008-61101 Utilities - Electricity 8,454.94 101-6001-50224 Life Insurance 2.85 101-6001-60125 Temporary Agency Servi 2,317.01 101-6001-60400 Office Supplies 1,485.98 101-6001-60410 Printing 109.41 101-6001-60450 Advertising 1,244.40 101-6002-60320 Travel &Training 56.25 101-6003-50250 Vehicle Reimbursement 90.27 101-6003-60118 Plan Check 4,795.00 101-6004-51070 Animal Shelter 179.37 101-6005-80101 Machinery & Equipment 2,211.65 101-7001-60320 Travel & Training 25.96 101-7001-60410 Printing 259.20 101-7002-60183 Map/Plan Checking 10,681.25 101-7002-60320 Travel & Training 110.70 101-7003-56430 Barricades 688.34 101-7003-60125 Temporary Agency Servi 323.38 101-7003-60431 Materials 8.99 101-7003-60433 Paint/Legends 474.34 101-7003-60690 Uniforms 88.OS 101-7004-60104 Consultants 1,335.00 101-7004-60189 Technical 344.71 101-7004-60431 Materials 1,529.72 101-7006-60104 Consultants 116.37 401-1891-45010 Construction 17,649.36 401-1899-45010 Construction 769.20 501-0000-60676 Vehicle Repair & Mainte 1,071.41 502-0000-60301 Software Maintenance A 42,500.00 Grand Total: 188,011.07 Project Account Summary Project Account Key Expense Amount **None** 188,011.07 Grand Total: 188,011.07 7/2/2015 7:15:46 PM Page 5 of 5 68 Demand Register „w.., City of La Quinta, CA Packet: APPKT00489 - SHM 7/10/15 �I Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount Fund: 101-GENERAL FUND ALSCO INC 107590 07/10/2015 UNIFORM RENTAL EOW 6/2 101-7003-60690 88.05 ALSCO INC 107590 07/10/2015 UNIFORM RENTAL EOM 7/3 101-7003-60690 88.05 AMERICAN FORENSIC NURSE 107591 07/10/2015 BLOOD ALCOHOL 101-2001-36310 200.00 ATCO MANUFACTURING CO 107592 07/10/2015 GRAFFITI SUPPLY 101-7004-60423 394.00 BKM OFFICEWORKS 107594 07/10/2015 LIBRARY CHAIRS 101-3004-60420 7,080.00 CALIFORNIA BUILDING STAN 107597 07/10/2015 JAN-MAR ADMIN FEE 101-0000-20306 1,264.00 CALIFORNIA BUILDING STAN 107597 07/10/2015 JAN-MAR ADMIN FEE 101-0000-42615 -126.40 CANON FINANCIAL SERVICES 107599 07/10/2015 JUL-CONTRACT MAINT 101-1007-60662 293.54 CANON FINANCIAL SERVICES 107599 07/10/2015 JUL-CONTRACT CHARGE 101-1007-60662 1,572.94 CHECKMATE TELEPHONE EX 107600 07/10/2015 ANSWERING SERVICE 101-7006-60104 123.77 CLASSIC AUTO TRANSPORT 107602 07/10/2015 TOWING-'07 NISSAN ALT 101-2001-60175 340.00 COACHELLA VALLEY WATER 107604 07/10/201S WATER SERVICES 101-2002-61200 200.46 COACHELLA VALLEY WATER 107604 07/10/2015 WATER SERVICES 101-3002-61200 260.02 COACHELLA VALLEY WATER 107604 07/10/2015 WATER SERVICES 101-3005-61203 116.44 COACHELLA VALLEY WATER 107604 07/10/2015 WATER SERVICES 101-3005-61204 721.64 COACHELLA VALLEY WATER 107604 07/10/2015 WATER SERVICES 101-3005-61205 52.60 COACHELLA VALLEY WATER 107604 07/10/2015 WATER SERVICES 101-3005-61206 243.02 COACHELLA VALLEY WATER 107604 07/10/2015 WATER SERVICES 101-3005-61210 1,426.30 COACHELLA VALLEY WATER 107604 07/10/2015 WATER SERVICES 101-3008-61200 154.85 COACHELLA VALLEY WATER 107604 07/10/2015 WATER SERVICES 101-7004-61211 14,276.56 COACHELLA VALLEY WATER 107604 07/10/2015 WATER SERVICES 101-7006-43132 32.39 COMMUNITY CONNECT 107606 07/10/2015 211 CONNECT 101-3001-60527 1,500.92 COUNTY OF RIVERSIDE 107607 07/10/2015 RMS/CLETS 7/1/14-6/30/15 101-2001-60176 53,714.00 COUNTY OF RIVERSIDE DEPA 107608 07/10/2015 FACILITY PERMIT 101-7004-60189 1,022.00 DATA TICKET, INC. 107609 07/10/2015 MAY-ADMIN CITATION SVCS 101-6004-31190 446.95 DEPARTMENT OF TOXIC SUB 107610 07/10/2015 EPA FEES 101-3008-60665 300.00 DESERT SUN, THE 107611 07/10/2015 JUL-SUBSCRIPTION 101-3002-60352 59.40 ELITE SIGNS 107615 07/10/2015 BARRICADES/SIGNS RPLCMN 101-7003-56430 1,337.28 ESCATEL-CARRELLO, ELIZABE 107616 07/10/2015 REIMB WC MEMBERSHIP 101-1004-60104 40.00 FIRST CHOICE A/C & HEATIN 107617 07/10/2015 CITY SHOP FLOOD 101-3008-60667 471.00 GARDAWORLD 107618 07/10/2015 ARMORED SERVICE 101-1006-60103 101.03 GREATER PALM SPRINGS CV 107619 07/10/2015 CVB FUNDING 101-3007-60151 45,298.00 HIGH TECH IRRIGATION INC 107621 07/10/2015 MATERIAL 101-7004-60431 108.00 IMPERIAL IRRIGATION DIST 107623 07/10/2015 ELECTRICITY SERVICE 101-7003-61101 1,071.92 IMPERIAL IRRIGATION DIST 107623 07/10/2015 ELECTRICITY SERVICE 101-7004-61116 7,433.18 IMPERIAL IRRIGATION DIST 107623 07/10/2015 ELECTRICITY SERVICE 101-7004-61117 3,012.51 INLAND POWER EQUIPMENT 107624 07/10/2015 PUMP REPAIR 101-7003-60431 34.81 JNS MEDIA SPECIALISTS 107625 07/10/2015 JNS CONTRACT 101-3007-60461 600.00 JOHNSON POWER SYSTEMS 107626 07/10/2015 IRRIGATION/PUMP REPAIR 101-7004-60431 790.70 LA QUINTA CHAMBER OF CO 107628 07/10/2015 JUL-GEM 101-3007-60461 2,250.00 LASALLE LIGHTING SERVICES 107629 07/10/2015 JUN-LNDSCP LIGHTING MAI 101-7004-60104 6,930.00 LIGHT SOURCE 107630 07/10/2015 COUNCIL VOTE LIGHTS 101-3008-60691 23.25 LOCK SHOP INC, THE 107631 07/10/2015 KEY CLIP 101-3008-60665 9.81 LOWE'S HOME IMPROVEME 107632 07/10/2015 LOWE'S 5/26-6/24 101-3002-60691 26.64 LOWE'S HOME IMPROVEME 107632 07/10/2015 LOWE'S 5/26-6/24 101-3004-60420 598.11 LOWE'S HOME IMPROVEME 107632 07/10/2015 LOWE'S 5/26-6/24 101-3005-60423 119.46 LOWE'S HOME IMPROVEME 107632 07/10/2015 LOWE'S 5/26-6/24 101-3005-60423 16.83 LOWE'S HOME IMPROVEME 107632 07/10/2015 LOWE'S 5/26-6/24 101-3005-60423 -60.53 LOWE'S HOME IMPROVEME 107632 07/10/2015 LOWE'S 5/26-6/24 101-3005-60423 163.13 LOWE'S HOME IMPROVEME 107632 07/10/2015 LOWE'S 5/26-6/24 101-3005-60423 31.78 LOWE'S HOME IMPROVEME 107632 07/10/2015 LOWE'S 5/26-6/24 101-3005-60423 60.53 LOWE'S HOME IMPROVEME 107632 07/10/2015 LOWE'S 5/26-6/24 101-3005-60423 22.24 LOWE'S HOME IMPROVEME 107632 07/10/2015 LOWE'S 5/26-6/24 101-3005-60423 59.38 7/14/2015 3:00:24 PM Page 1 of 7 Demand Register Packet: APPKT00489 - SHM 7/10/15 Vendor Name Payment Number Payment Date Description (Payable) Accqunt Number Amount LOWE'S HOME IMPROVEME 107632 07/10/2015 LOWE'S 5/26-6/24 101-3005-60423 76.56 LOWE'S HOME IMPROVEME 107632 07/10/2015 LOWE'S 5/26-6/24 101-3005-60424 16.87 LOWE'S HOME IMPROVEME 107632 07/10/2015 LOWE'S 5/26-6/24 101-3008-60420 7.69 LOWE'S HOME IMPROVEME 107632 07/10/2015 LOWE'S 5/26-6/24 101-3008-60432 7.57 LOWE'S HOME IMPROVEME 107632 07/10/2015 LOWE'S 5/26-6/24 101-3008-60691 5.11 LOWE'S HOME IMPROVEME 107632 07/10/2015 LOWE'S 5/26-6/24 101-7004-60423 34.64 LOWE'S HOME IMPROVEME 107632 07/10/2015 LOWE'S 5/26-6/24 101-7004-60423 23.43 LOWE'S HOME IMPROVEME 107632 07/10/2015 LOWE'S 5/26-6/24 101-7004-60431 25.65 LUXE WATER SOLUTIONS LLC 107633 07/10/2015 JUN-MUSEUM WATER 101-3006-60691 37.80 NAI CONSULTING INC 107634 07/10/2015 JUN-PROFESSIONAL SERVICE 101-7001-60104 3,075.00 NAI CONSULTING INC 107634 07/10/2015 JUN-PROFESSIONAL SERVICE 101-3004-80100 435.00 NAI CONSULTING INC 107634 07/10/2015 JUN-PROFESSIONAL SERVICE 101-7001-60104 6,645.00 NAI CONSULTING INC 107634 07/10/2015 JUN-PROFESSIONAL SERVICE 101-7006-60104 725.00 OFFICE DEPOT 107637 07/10/2015 PAPER 101-1007-60402 861.62 PM10INC 107639 07/10/2015 SOILSTABILIZER 101-7004-60431 14,800.00 POCKET MAPS 107640 07/10/2015 HIKING MAPS 101-3007-60461 2,945.60 PROPER SOLUTIONS INC 107641 07/10/2015 TEMP STAFFING WKEND 6/1 101-1002-60125 315.00 PROPER SOLUTIONS INC 107641 07/10/2015 TEMP STAFFING WKEND 6/1 101-6001-60125 1,361.60 PROPER SOLUTIONS INC 107641 07/10/2015 TEMP STAFFING WKEND 6/1 101-7003-60125 323.38 PROPER SOLUTIONS INC 107641 07/10/2015 TEMP STAFFING WKEND 6/2 101-1002-60125 507.50 PROPER SOLUTIONS INC 107641 07/10/2015 TEMP STAFFING WKEND 6/2 101-6001-60125 953.12 PROPER SOLUTIONS INC 107641 07/10/2015 TEMP STAFFING WKEND 6/2 101-7003-60125 323.38 RAMA WORLD INC 107643 07/10/2015 GUIDON FLAGS 101-2001-60175 90.00 RASA/ERIC NELSON 107644 07/10/2015 FTM 2015-0003 101-7002-60183 2,275.00 RASA/ERIC NELSON 107644 07/10/2015 FPM 2015-0003 101-7002-60183 300.00 RBI TRAFFIC 107645 07/10/2015 LAGUNA VISTA STRIPING PLA 101-7001-60104 60.00 RODARTE, MOISES 107646 07/10/2015 REIMB WC MEMBERSHIP 101-1004-60104 40.00 ROGERS, ANDERSON, MALO 107647 07/10/2015 MAY -PROF SERVICE 101-1006-60102 4,655.00 SCENTAIR TECHNOLOGIES IN 107648 07/10/2015 OPERATING SUPPLIES 101-3002-60420 115.35 SCENTAIR TECHNOLOGIES IN 107648 07/10/2015 OPERATING SUPPLIES 101-3002-60420 192.25 SILVERROCK RESORT 107650 07/10/2015 2ND QTR SALES TAX 101-0000-20304 38.00 SILVERROCK RESORT 107650 07/10/2015 2ND QTR SALES TAX 101-1002-60410 102.00 SILVERROCK RESORT 107650 07/10/2015 2ND QTR SALES TAX 101-1005-60103 1.00 SILVERROCK RESORT 107650 07/10/2015 2ND QTR SALES TAX 101-2001-60175 117.00 SPARKLETTS 107651 07/10/2015 WATER 101-7003-61200 561.37 STAPLES ADVANTAGE 107652 07/10/2015 OFFICE SUPPLIES 101-1006-60400 15.31 STAPLES ADVANTAGE 107652 07/10/2015 OFFICE SUPPLIES 101-1006-60400 16.11 SURVIVAL MODE 107654 07/10/2015 DISASTER PREP SUPPLIES 101-6005-60406 1,824.34 SURVIVAL MODE 107654 07/10/2015 DISASTER PREP SUPPLIES 101-6005-60671 672.62 TOPS'N BARRICADES INC 107656 07/10/2015 BARRICADES/MATERIAL 101-7003-56430 209.25 TOPS'N BARRICADES INC 107656 07/10/2015 PAINT LEGENDS 101-7003-60433 55.08 TRAFFEX ENGINEERS INC 107657 07/10/2015 FY14/15 CONTRACT TRFF EN 101-7006-60144 14,289.00 URIBE, LUIS 107658 07/10/2015 MILEAGE REIMB 7/3/15 101-6003-50250 18.00 URIBE, LUIS 107658 07/10/2015 REIMB MILEAGE 6/22-6/26 101-6003-50250 68.00 VERIZON CALIFORNIA 107660 07/10/2015 MUSEUM 6/13-7/12 101-3006-61300 150.98 VERIZON CALIFORNIA 107660 07/10/2015 DSL6/4-7/3 101-1007-61300 183.29 VINTAGE ASSOCIATES 107661 07/10/2015 JUN-PARK MAINT 101-3004-60112 560.00 VINTAGE ASSOCIATES 107661 07/10/2015 JUN-PARK MAINT 101-3005-60108 28,907.00 VINTAGE ASSOCIATES 107661 07/10/2015 JUN-PARK MAINT 101-3006-60108 425.00 VINTAGE ASSOCIATES 107661 07/10/2015 JUN-PARK MAINT 101-7004-60189 12,200.00 VINTAGE ASSOCIATES 107661 07/10/2015 PLANTS 101-7004-60420 300.93 WILSON, JANICE 107663 07/10/2015 REFUND 101-0000-22830 250.00 Fund 101- GENERAL FUND Total 258,592.96 Fund: 218 - CV VIOLENT CRIME TASK FOR BURRTEC WASTE & RECYCLI 107595 07/10/2015 JUL-TRASH SERVICE 218-0000-61501 85.61 COMMAND ONE SECURITY 107605 07/10/2015 JUL-SEP SECURITY 218-0000-60123 66.00 DESERTARC 107612 07/10/2015 SHIRTS-KIBBEY 218-0000-60690 113.08 EARL'S AIR CONDITIONING S 107614 07/10/2015 A/C SERVICE 218-0000-60420 305.60 KIBBEY, EVAN 107627 07/10/2015 VEST MODS-KIBBEY 218-0000-60690 74.52 KIBBEY, EVAN 107627 07/10/2015 UNIFORM PANTS 218-0000-60690 128.52 7/14/2015 3:00:24 PM Page 2 of 7 rill Demand Register Packet: APPKT00489 - SHIM 7/10/15 Vendor Name Payment Number , Payment Date Description (Payable) Account Number Amount NEXTEL GANG TASK FORCE 107635 07/10/2015 CELL PHONES 5/12-6/11 218-0000-61300 37.50 PARRA, ANA L 107638 07/10/2015 JUN-JANITORIAL/SUPPLIES 218-0000-60115 206.36 STAPLES GANG TASK FORCE 107653 07/10/2015 OFFICE SUPPLIES 218-0000-60400 262.54 TAPP, MICHAEL 107655 07/10/2015 SUPPLIES 218-0000-60420 5.88 TAPP, MICHAEL 107655 07/10/2015 SUPPLIES 218-0000-60420 143.59 TAPP, MICHAEL 107655 07/10/2015 EXPENSE VOUCHER 218-0000-60420 200.00 TAPP, MICHAEL 107655 07/10/2015 EVIDENCE EXP 218-0000-60420 20.00 VERIZON CA - GANG TASK F 107659 07/10/2015 CLETS 6/13-7/12 218-0000-42190 295.41 Fund 218 - CV VIOLENT CRIME TASK FOR Total 1,944.61 Fund: 221- AB 939 HF&H CONSULTANTS, LLC 107620 07/10/2015 MAY-AB939 CONSULTANT 221-0000-60104 2,792.00 Fund 221- AB 939 Total: 2,792.00 Fund: 235 - SO COAST AIR QUALITY FUND COACHELLA VALLEY ASSOC 107603 07/10/2015 2ND QTR AB2766 VEH REG R 235-0000-60186 6,596.59 COACHELLA VALLEY ASSOC 107603 07/10/2015 3RD QTR AB2766 VEH REG R 235-0000-60186 7,520.63 Fund 235 - SO COAST AIR QUALITY FUND Total: 14,117.22 Fund: 241- HOUSING AUTHORITY PAIL CAHA, BECKY 107596 07/10/2015 PA1 HOUSING AUTHORITY 241-9101-60103 5,006.25 Fund 241- HOUSING AUTHORITY PAIL Total: 5,006.25 Fund: 401- CAPITAL IMPROVEMENT PROGR CITY OF LA QUINTA 107601 07/10/2015 PERMIT EXT FEE-WASHINGT 401-1813-60185 19.00 LOWE'S HOME IMPROVEME 107632 07/10/2015 LOWE'S 5/26-6/24 401-1891-45010 21.43 LOWE'S HOME IMPROVEME 107632 07/10/2015 LOWE'S 5/26-6/24 401-1891-45010 82.02 LOWE'S HOME IMPROVEME 107632 07/10/2015 LOWE'S 5/26-6/24 401-1891-45010 13.31 LOWE'S HOME IMPROVEME 107632 07/10/2015 LOWE'S 5/26-6/24 401-1891-45010 115.55 NAI CONSULTING INC 107634 07/10/2015 JUN-PROFESSIONAL SERVICE 401-1762-60185 290.00 NAI CONSULTING INC 107634 07/10/2015 JUN-PROFESSIONAL SERVICE 401-1806-60103 1,015.00 NAI CONSULTING INC 107634 07/10/2015 JUN-PROFESSIONAL SERVICE 401-1871-60185 1,015.00 NAI CONSULTING INC 107634 07/10/2015 JUN-PROFESSIONAL SERVICE 401-1884-60103 725.00 NAI CONSULTING INC 107634 07/10/2015 JUN-PROFESSIONAL SERVICE 401-1898-60103 1,160.00 NAI CONSULTING INC 107634 07/10/2015 JUN-PROFESSIONAL SERVICE 401-1901-60103 145.00 NAI CONSULTING INC 107634 07/10/2015 JUN-PROFESSIONAL SERVICE 401-1907-60103 290.00 NAI CONSULTING INC 107634 07/10/2015 JUN-PROFESSIONAL SERVICE 401-1910-60103 3,915.00 NAI CONSULTING INC 107634 07/10/2015 JUN-PROFESSIONAL SERVICE 401-1913-60185 435.00 NAI CONSULTING INC 107634 07/10/2015 JUN-PROFESSIONAL SERVICE 401-1762-60185 319.89 NAI CONSULTING INC 107634 07/10/2015 JUN-PROFESSIONAL SERVICE 401-1806-60103 1,450.00 NAI CONSULTING INC 107634 07/10/2015 JUN-PROFESSIONAL SERVICE 401-1871-60185 2,600.00 NAI CONSULTING INC 107634 07/10/2015 JUN-PROFESSIONAL SERVICE 401-1884-60103 3,605.10 NAI CONSULTING INC 107634 07/10/2015 JUN-PROFESSIONAL SERVICE 401-1896-60103 290.00 NAI CONSULTING INC 107634 07/10/2015 JUN-PROFESSIONAL SERVICE 401-1898-60103 2,755.00 NAI CONSULTING INC 107634 07/10/2015 JUN-PROFESSIONAL SERVICE 401-1899-60103 1,015.00 NAI CONSULTING INC 107634 07/10/2015 JUN-PROFESSIONAL SERVICE 401-1901-60103 290.00 NAI CONSULTING INC 107634 07/10/2015 JUN-PROFESSIONAL SERVICE 401-1905-60103 65.00 NAI CONSULTING INC 107634 07/10/2015 JUN-PROFESSIONAL SERVICE 401-1907-60103 145.00 NAI CONSULTING INC 107634 07/10/2015 JUN-PROFESSIONAL SERVICE 401-1910-60103 4,447.50 NAI CONSULTING INC 107634 07/10/2015 JUN-PROFESSIONAL SERVICE 401-1913-60185 435.00 SENSATA TECHNOLOGIES 107649 07/10/2015 BATTERY BACKUP REPAIR 401-1891-45010 464.79 WALL, DOUG CONSTRUCTIO 107662 07/10/2015 FINAL BILLING 2013-11 WC 401-1894-45010 157,439.32 Fund 401 - CAPITAL IMPROVEMENT PROGR Total: 184,562.91 Fund: 501- EQUIPMENT REPLACEMENT AUTOZONE 107593 07/10/2015 TK#47 SERVICE 501-0000-60676 31.01 AUTOZON E 107593 07/10/2015 SWEEPER #41 501-0000-60678 44.94 HONDA YAMAHA OF REDLA 107622 07/10/2015 BRAKE REPAIR 501-0000-60679 455.63 HONDA YAMAHA OF REDLA 107622 07/10/2015 MOTORCYCLE SERVICE 501-0000-60679 733.55 HONDA YAMAHA OF REDLA 107622 07/10/2015 BRAKE PADS 501-0000-60679 89.26 R A N AUTO DETAIL 107642 07/10/2015 CAR WASH 6/20/15 501-0000-43430 617.00 Fund 501- EQUIPMENT REPLACEMENT Total 1,971.39 7/14/2015 3:00:24 PM Page 3 of 7 71 Demand Register Packet: APPKT00489 - SHM 7/10/15 Vendor,Name Payment Number Payment Date Description (Payable) Account Number Amount Fund: 504-INSURANCE FUND CALIFORNIA JOINT POWERS 1 107598 07/10/2015 FY15/6 WORKERS COMP 504-1010-60452 563,823.00 Fund 504 - INSURANCE FUND Total: 563,823.00 Fund: 601- SILVER ROCK RESORT EAGLE PUMP SERVICES, INC. 107613 07/10/2015 IRRIG PUMP FLANGE 601-0000-60214 1,144.80 EAGLE PUMP SERVICES, INC. 107613 07/10/2015 ENTRY LAKE EXHAUST 601-0000-60214 2,437.56 FIRST CHOICE A/C & HEATIN 107617 07/10/2015 SRR-AC DIAGNOSTICS 601-0000-60556 79.00 HIGH TECH IRRIGATION INC 107621 07/10/2015 FIELD CONTROLLERS 601-0000-60214 9,879.15 HIGH TECH IRRIGATION INC 107621 07/10/2015 OUTPUT MODULES 601-0000-60214 2,161.99 LOWE'S HOME IMPROVEME 107632 07/10/2015 LOWE'S 5/26-6/24 601-0000-60556 37.93 LOWE'S HOME IMPROVEME 107632 07/10/2015 LOWE'S 5/26-6/24 601-0000-60556 6.75 O&J GOLF CONSTRUCTION, 1 107636 07/10/2015 SRR STORM REPAIRS 601-0000-60209 80,541.87 Fund 601- SILVER ROCK RESORT Total: 96,289.05 Grand Total: 1,129,099.39 7/14/2015 3:00:24 PM Page 4 of 7 72 Demand Register Fund 101-GENERAL FUND 218 - CV VIOLENT CRIME TASK FOR 221- AB 939 235 - SO COAST AIR QUALITY FUND 241- HOUSING AUTHORITY PA1 401- CAPITAL IMPROVEMENT PROGR 501- EQUIPMENT REPLACEMENT 504-INSURANCE FUND 601- SILVER ROCK RESORT Account Number 101-0000-20304 101-0000-20306 101-0000-22830 101-0000-42615 101-1002-60125 101-1002-60410 101-1004-60104 101-1005-60103 101-1006-60102 101-1006-60103 101-1006-60400 101-1007-60402 101-1007-60662 101-1007-61300 101-2001-36310 101-2001-60175 101-2001-60176 101-2002-61200 101-3001-60527 101-3002-60352 101-3002-60420 101-3002-60691 101-3002-61200 101-3004-60112 101-3004-60420 101-3004-80100 101-3005-60108 101-3005-60423 101-3005-60424 101-3005-61203 101-3005-61204 101-3005-61205 101-3005-61206 101-3005-61210 101-3006-60108 101-3006-60691 101-3006-61300 101-3007-60151 101-3007-60461 101-3008-60420 101-3008-60432 101-3008-60665 101-3008-60667 101-3008-60691 Grand Total: Account Summary Account Name Sales Taxes Payable CBSC Fees Miscellaneous Deposits CBSC Administrative Fee Temporary Agency Servi Printing Consultants Professional Administration Professional Office Supplies Forms Copiers Utilities -Telephone Blood/Alcohol Testing Special Enforcement Fu Sheriff - Other Utilities - Water 2-1-1 Hotline Subscriptions & Publicati Operating Supplies Repair & Maintenance Water- Inside Landscape Contract Operating Supplies Machinery & Equipment Technical Supplies -Graffiti Materials - Irrigation & L Utilities - Water -Eisenh Utilities- Water -Fritz Bu Utilities - Water-Velasco Utilities - Water -Desert Utilities - Water -Adams Technical Repair & Maintenance Utilities - Telephone PSDRCVB Economic Development/ Operating Supplies Small Tools/Equipment Maint.-Other Equipment HVAC Repair & Maintenance Expense Amount 258,592.96 1,944.61 2,792.00 14,117.22 5,006.25 184,562.91 1,971.39 563,823.00 96,289.05 1,129,099.39 Expense Amount 38.00 1,264.00 250.00 -126.40 822.50 102.00 80.00 1.00 4,655.00 101.03 31.42 861.62 1,866.48 183.29 200.00 547.00 53,714.00 200.46 1,500.92 59.40 307.60 26.64 260.02 560.00 7,678.11 435.00 28,907.00 489.38 16.87 116.44 721.64 52.60 243.02 1,426.30 425.00 37.80 150.98 45,298.00 5,795.60 7.69 7.57 309.81 471.00 28.36 Packet: APPKT00489 - SHM 7/10/15 Reportr 7/14/2015 3:00:24 PM 73 Demand Register Packet: APPKT00489 - SHIM 7/10/15 Account Number Account Name Expense Amount 101-3008-61200 Utilities - Water 154.85 101-6001-60125 Temporary Agency Servi 2,314.72 101-6003-50250 Vehicle Reimbursement 86.00 101-6004-31190 Admin Citation Services 446.95 101-6005-60406 Disaster Prep Supplies 1,824.34 101-6005-60671 Repair & Maintenance - 672.62 101-7001-60104 Consultants 9,780.00 101-7002-60183 Map/Plan Checking 2,575.00 101-7003-56430 Barricades 1,546.53 101-7003-60125 Temporary Agency Servi 646.76 101-7003-60431 Materials 34.81 101-7003-60433 Paint/Legends 55.08 101-7003-60690 Uniforms 176.10 101-7003-61101 Utilities - Electricity 1,071.92 101-7003-61200 Utilities - Water 561.37 101-7004-60104 Consultants 6,930.00 101-7004-60189 Technical 13,222.00 101-7004-60420 Operating Supplies 300.93 101-7004-60423 Supplies -Graffiti 452.07 101-7004-60431 Materials 15,724.35 101-7004-61116 Utilities - Electric - Signal 7,433.18 101-7004-61117 Utilities - Electric - Medi 3,012.51 101-7004-61211 Utilities - Water - Media 14,276.56 101-7006-43132 Vacant Land Dust Contr 32.39 101-7006-60104 Consultants 848.77 101-7006-60144 Contract Traffic Enginee 14,289.00 218-0000-42190 CLET Line 295.41 218-0000-60115 Janitorial 206.36 218-0000-60123 Alarm Service 66.00 218-0000-60400 Office Supplies 262.54 218-0000-60420 Operating Expenses 675.07 218-0000-60690 Uniforms 316.12 218-0000-61300 Utilities -Telephone 37.50 218-0000-61501 Refuse Collection 85.61 221-0000-60104 Consultants 2,792.00 235-0000-60186 CVAG 14,117.22 241-9101-60103 Professional 5,006.25 401-1762-60185 Design 609.89 401-1806-60103 Professional 2,465.00 401-1813-60185 Design 19.00 401-1871-60185 Design 3,615.00 401-1884-60103 Professional 4,330.10 401-1891-45010 Construction 697.10 401-1894-45010 Construction 157,439.32 401-1896-60103 Professional 290.00 401-1898-60103 PROFESSIONAL 3,915.00 401-1899-60103 Professional 1,015.00 401-1901-60103 Professional 435.00 401-1905-60103 Professiona 65.00 401-1907-60103 Professional 435.00 401-1910-60103 Contract Svcs/Professio 8,362.50 401-1913-60185 Contract Svcs/Design 870.00 501-0000-43430 Car Washes 617.00 501-0000-60676 Vehicle Repair & Mainte 31.01 501-0000-60678 Street Sweeper 44.94 501-0000-60679 Motorcycle Repair & Ma 1,278.44 504-1010-60452 Workers Comp Premium 563,823.00 601-0000-60209 Insurance 80,541.87 7/14/2015 3:00:24 PM 74 Page 6 of 7 Demand Register Packet: APPKT00489 - SHM 7/10/15 Account Summary Account Number Account Name Expense Amount 601-0000-60214 Tamarisk Removal Pump 15,623.50 601-0000-60556 SilverRock Buildings 123.68 Grand Total: 1,129,099.39 Project Account Summary Project Account Key Expense Amount **None** 1,126,634.39 1806Tech 2,465.00 Grand Total: 1,129,099.39 7/14/2015 3:00:24 PM M. Page 7 of 7 City of La Quinta, CA Canceled Payables Vendor Set: 01- Vendor Set 01 Bank: APBNK-APBNK Vendor Number Vendor Name 02471. FENADY &, GEORGE J Payment Type Payment Number Check 103211. Payable Number: Description 11024 REFUND OVERPAYMENT Payment Reversal Register APPKT00475 - TEST. Total Vendor Amount -12.00 Original Payment Date Reversal Date Payment Amount 05/16/2014 06/29/2015 -12.00 Payable Date Due Date Payable Amount 05/05/2014 05/16/2014 12.00 i/29/2015 11:43:04 AM Vil Payment Reversal Register Packet: APPKT00475 -TEST Bank Code Summary Bank Code Canceled Payables Payables Left To Pay Again Total APBNK -12.00 0.00 -12.00 Report Total• -12.00 0.00 -12.00 ;/29/2015 11:43:04 AM Page 2 of 2 INN t f Vayment Reversal Register City of La Quinta, CA APPKT00477 - SHM 6/30/15 VOIDS Canceled Payables Vendor Set: 01- Vendor Set 01 Bank: APBNK-APBNK Vendor Number Vendor Name Total Vendor Amount 02624 MOWERS PLUS INC-132.11 Payment Type Payment Number Original Payment Date Reversal Date Payment Amount Check 102212 02/07/2014 06/30/2015-132.11 Payable Number: Description Payable Date Due Date Payable Amount 104885 CHAIN SAW REPAIR 12/13/2013 02/07/2014 132.11 Vendor Number Vendor Name Total Vendor Amount .04.115 CHECKMATE TELEPHONE EXCHANGE -295.74 Payment Type Payment Number Original Payment Date Reversal Date Payment Amount Check 102927 04/18/2014 06/30/2015 -295.74 Payable Number: Description Payable Date Due Date Payable Amount 140302190101 ANSWERING SERVICE 03/24/2014 04/18/2014 116.37 140302232101 ANSWERING SERVICE 03/24/2014 04/18/2014 179.37 6/30/2015 3:34:06 PM Page 1 of 2 78 Payment Reversal Register Packet: APPKT00477 - SHM 6/30/15 VOIDS Bank Code APBNK Report Total Canceled Payables Payables Left To Pay Again -427.85 0.00 -427.85 0.00 SummaryBank Code Total -427.85 427.85 6/30/2015 3:34:06 PM 1591 Page 2 of 2 ATTACHMENT 2 CITY OF LA QUINTA BANK TRANSACTIONS 6/20/15 - 7/10115 6/23/15 WIRE TRANSFER - TASC 6/25/15 WIRE TRANSFER - INVESTMENT PURCHASE 7/02/15 WIRE TRANSFER - ICMA 7/02/15 WIRE TRANSFER - LQCEA 7/02/15 WIRE TRANSFER - HEALTH PREMIUM 7/02/15 WIRE TRANSFER - LANDMARK 7/02/15 WIRE TRANSFER - LANDMARK 7/07/15 WIRE TRANSFER - TASC 7/09/15 WIRE TRANSFER - PERS 7/10/15 WIRE TRANSFER - PERS TOTAL WIRE TRANSFER OUT $877.06 $ 5, 000, 000.00 $6,309.50 $348.50 $85,181.31 $56,652.85 $103,818.38 $877.06 $44,122.96 $167.20 �W W$5,298,354.82 80 CONSENT CALENDAR ITEM NO, 9 City 0 f ...... a Q i,.j III Ilia t m I.. .XA.. IN C.III..... III:III ..I...III.IIN July 21, 2015 S..I.. I: III; ; IP I[?, I' GiI;Ill11) . ""I"Im'I"'llll E: RECEIVE AND FILE TREASURER'S REPORT FOR THE MONTH ENDED MAY 31, 2015 IIIIL IIIIIIIII; f"�0 i�Il i IIIII ; Ill���i iC I "'I"":IIII':Oil����i Receive and file. • 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. IIII':SI it ':IIII':1141') . C 1" - None. ICI.QIIIIIIfII:IIYS''IIII':S 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 $6.2 million in May; the month closed with an ending balance of $115.6 million. The primary transactions affecting this change in balance were: • Checking account receipts exceeded payments by $6.2 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 May was in the amount of $20 million for the Federal Farm Credit Bank investment that was called. The next largest payment received a property tax payment of $3.5 million, 81 followed by a sales tax payment in the amount of $782,000. • In addition to monthly personnel costs, larger May payments were: $288,600 to LandMark for contract golf management services; followed by $57,800 in payments to Vintage Landscaping for contract park maintenance costs. Investment Activity • Average investment maturity in April was 174 days as compared to 248 days in April. • Bank fees for the month of April were $1,144 and the sweep account earned $21 in interest income. Portfolio Performance The overall portfolio performance of .35 percent in May was slightly higher than April's rate of .37 percent. Based on recent trends, the future rate is anticipated to remain unchanged. At this time last year, the portfolio yielded .35 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. JIII ,1° IIIIIIIII; i' Ili i I,f fII S None. Report prepared by: Rita Conrad, Finance Director Report approved by: Frank J. Spevacek, City Manager Attachment: 1. Treasurer's Reports 82 ATTACHMENT 1 TO: La Quinta City Council FROM: Rita Conrad, Finance Director/Treasurer SUBJECT: Treasurer's Report for May 31, 2015 DATE: June 24, 2015 Attached is the Treasurer's Report for the month ending May 31, 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 .......... LAIF 28,905,531 $ 20,000,000 0 $ 48,905,531 ----hange 20,000,000 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 37,970,729 (20,000,000) 1,326 17,972,055 (19,998,674) Commercial Paper - 0 0 Corporate Notes 0 0 0 Mutual Funds 31,274,260 155 0 31,274,415 155 Subtotal $ 104,630,520 $ 20,000,155 1 $ (20,000,000)1 $ 1,326 $ 104,632.001 $ 1,481 Cash $ 4,787,495 (1) & (3)1 $ 6,188,477 1' 10 975,972 $ 6,188,477 Total $ 109,418,015 $ 6.189,958 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 avaHablie 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. /2147 Rita Conrad Finance Director[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. 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. 78-495 Calle Tampico I La Quinta I California 92253 1 760.777.7000 1 www1a-Quinta.-Org 83 City of La Quinta Treasurer's Commentary May 2015 Cash Balances The portfolio's total size increased by $6.2 million in May; the month closed with an ending balance of $115.6 million. The primary transactions affecting this change in balance were: • Checking account receipts exceeded payments by $6.2 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 May in the amount of $20 million was for the FFCB (Federal Farm Credit Bank) investment that was called; these funds were subsequently transferred to LAIF. The next largest payment received was in $3.5 million in property tax, followed by a sales tax payment in the amount of $782,000. • In addition to the usual monthly personnel costs, larger payments that went out in May were: $288,600 to LandMark for contract golf management services; followed by $57,800 in payments to Vintage Landscaping for contract park maintenance costs Investment Activity • Average investment maturity in May was 174 days as compared to 248 days in April. • Bank fees for the month of May were $1,144 and the sweep account earned $21 in interest income. Portfolio Performance The overall portfolio performance of .35% in May was slightly lower than April's rate of .37%. Based on recent trends, the future rate is anticipated to remain unchanged. At this time last year, the portfolio yielded .35%. 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. 84 ECONOMY AT A GLANCE (MAY 2015) Riverside -San, Bern ardino-Ontario, CA Back i Doc 3w 1 Pab Mar I Apt May Data Series Data; 2014 2015 ' 2015 2015 2015 20,25 1,935.0 1,940X1 1,940. 1 1, 938.1 f? 11,93 2. 0 Evrigftynient W 1,800.4 1,798.4 1,807.9 1,812.4 21 1,812.9 [D AV 134.6 141A 132.2 125.7 211193 kite w, .*' ' 7.07.3 6.8, 6.5 216.2 621AV 1,324.5 1,311.7 1,320.7 1,3263 1,328,8 1211,3322 12-owth diallge w 19 4.3 4.5 4.3 3,9 21 4.0 lkil n I ng and Lo g g ing Qj Alf 1.2 1.2 1.2 1.2 1.2 LPI 1.2 12-nionth % ding 0A 0.0 -7.7 -7 1 . 1 7 1 0,0 0- 1 7.7 75.8 76.0 78.2 78.8i 78.8 1R181.6 12-4 w, ith %­ d, iange Alf 3.1 4.3 6.3 5.8 4.8 (El 6.8 anufachiring (a) AV 90.9 90.6 91.5 91.2 92.7 2193.0 12-tri6niti1 %, dwo'ge, 18 1,7 2.0 1.4 3.6 213.2 ivad� Ira nspodatio n and Utifit ies, D) AV 335.7 321.9 3205 320.7 319.4 121320.2 4.2 4.6 4.8 4.8 3.7 213.4 infornialtion j3j 11.2 11.1 11m2 11.2 1,13 LN. 11.2 - 2.6 -15 -1 A -0.9 0.0 21 -cL9 14niiiidiWitlies iii 43.2 43.8 44,4 44.7 44.1 12144.1 2-3io a t ft 1 cl iiar we, 1.4 3.5 5.0 5.4 10 iN 3.3 Pro(ai and Ekisn4s"s' Senfices 9j AW 145.1 1.45.0 1453 146.7 1503 IE1 150.5 fz-owoth 46 dtingle 8.1, 1,0.6, 8.8 9.2 1.0.6 12111.0 A, 19 6.6 196.1 199.0 199.6 198 A 21 1 97.7 i-in' 0-vith-% C'h aig' e 3.3 3.5 4.0 .......... . 19 2.4 (Lq 2.4 Leisure and Hospitality.f.11 Af 3,49.9 149Z 152.8 153.3 1512 1.21153.m. 5x 53 U 5.5 6.2 215.9 66'er S'eivi'cps­63 A ff 42.7 43.3 44.1 44.3 44 .1 44.3 124vjovsth­%' dfia'sig-e, 2.4 2.9 3.5 2.8 0.9 LEI, 1.6 6�nie'm't 63'' AV 213212 232.9 232.5 235.0 235,3 235.1 1 Akf 2,1 2.0 1.7 1.5 0,9 fh, 0.9 �IvWex- us Angeles-River0de-Orange (% mint y, CA CPFU, All iterns L41 AV 240.475 239.724 241.297,243.738 241569 246.093 lt-U, All'kerw, li-nim'th % drange W 0.7 -0.1 01 05 0.5 1.1 cpl-w, Ail "na"s in AV 232330 231Z63 232.975,235.,991 2,35,697 2,38.816 hen w,­ii-r M­16 % c hange W 0.3 -0 7 -�0.4 0 2 .00.9 0.0. L,jj Nurntwer r.f pev:�x6, iTw ltw.isand, na qpaxnally adjusted,, In percent, noC spawnaHy adjustAl, M Number Cf lxtn, Pn not saxonafly a0iTzed, Sep Ab-OpArlip 1Lgl, AN Urban Consijrnt-n , ba:. 1982-3-1-100, not s(ea:,rjrki9y aJy.mtpe,, Wban Wag� Ewners wi d 0�6cah vVnrkem, brsew 198244-100, r'et A,wnafly adjtmed, Preliminary Data extracted on, June 19, 2015 Source: U.S. Bureau of Labor Statistcs 85 Ml CRY OF LA CUINTA PERMISSIBLE DEPOSITS AND INVESTMENTS May 31, 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 Ow the ffwdmwn AN Funds All Funds All Funds Maximum Actual % Over Under 85.00% 9.49%-75.51% 60,00% 561% -54.39% 100-00% 0.00% -100.40% 30.00% 15.55% -14.45% 30,000,000 25,000,000 20,000,000 20 000,000 S 18,000,000 (30,000,ODO) 125,000000) (2,O00:000) _000,00011 95 000 000 3 18 000 000 77.000 000} 15. -i5.0O% 7�- 5.000.000 20.00% -20.00% 10 000,000 - 10=000.000 10. t 0 _ 1 i 30.00% 42.30% 12.30% 10.00% 0.00% -10.00% 10.00% 0.00%-10.00% 20,00% 27.05% 7.05% �vestri �, fot tc o reset tlrA I t1.c% t�aA IToW 1i% 1 1 Annualized Earnings of Pooled Cash Investments 0.497% Annualized Earnings of Fiscal Agent Investments 0.020% Annualized Earnings of All Investments 0.354% Surplus Maximum Surplus % Surpiw Over Under Restrictions Maximum MaWd Credit Ouali Exce bons 65.00% 0,95% 84.t7 % <4250 000 r mt#fulion 3 ears FDIC Insured Mane .00% 1 6,13%-53.&7% r_g250 004 r ptuton 5 ears FOtC tnsusad Nana 100.00% 0-00% 100.00% xpt rw more t(tan SF3 mn may be invested over 2 10 ears Nola 3000% 17,01% A2:99% Restricted to per -issuer limits below: 3 XIM None 30,000,000 26.WO,000 20.000,000 20 000 000 S 18,000,000 (30,000.000) (25,000,000) (2,000,000) 20.0001000 $30.0 million $25.0 million $2d.0 million $20.0 million 95 000= $18 000 ; 770000 00 S95.O million 15.00% 0.00% -16,00% -- 15% 90 - s Standard & Poors/M 's None A-1 P-1 10.00% 0.00% 10.00% S10 000,000 per Issuer 3 yews at least Stanard S Poors "AA" None 30.00% 46.29% 16.29% $50,000,000 per account Utilize DVP 3 years Unrated None 10.00% 0.00% 1Q00% $30,000,000per amount 10yewrs -. 10.00% 0.00% -10.00% 3 years 20% 29.60% 9.60% Maintain $1 per share par value. Ublze DVP 60 days AAA by two of three rating agencies or assets of $500 million SW investor SEC tensed > 5 VTs None fA 0,00% NIA [dono 87 Qn Checking 0,00% 3 9.90828 3 21 t f' A 3 9,966,849 S 10,367,690 WA NIA 1,700 WA WA 1,700 1,700 C3per8fig N/A 59,790 , NIA NA 59,790 70,302 Taxes & Msurance,Acct 0-00% 14,130 ] NIA NtA 14,130 14,130 Secunnty Deposit 0,05% 27,763 f 1 NIA 27,764 27,763 Savargs 0.05% 200,967 8 WA. 200,975 200,967 Money Market 0,25% 30,735 , 6 NIA 30,741 30,735 Replacement Reserve CO 0.10 % 615,762 12 NIA 615,774 615,800 WA 0A0% 2001 N/A N1A 200 200 tasusrlT a Y�kdI P Aa^ ed Cost interest Unmakrod Own hose Cast • Accrued In#erest f_3ay# to A4aw Par value ii€svv'i Date maturity Date t? - `.. 1 Days ir? 44a1urt Y-tald is MQMA1 I Market Value Source G.E. Capital Bank CD 1,100% 240 000 1 1,215 241,215 928 240,000 12I1412012 1213 '207 1826 1.100% G, Cap ! Bank C--,oWn#n Sachs CD 1.500% 240,000 1 1,233 _ 241,233 933 240,000 12 I412012 12/192017 1831 1.150% Gartman Sachs Ally Bank CD 0.900 % 240,000 j 955 240,965 204 240,000 12/14/2012 12/21/2015 1102 0.900 % Ally Bank Discover Bank C❑ 0.650% 240,000 487 - 240,407 253 240,000 2/6/2013 2I812016 1097 0.650% Discover Bank First National Bank CD 0.500% 240,000 59 240,059 257 240,000 2/1312013 2/122016 1094 0.500% First National Bank Amex Centurion Bank CD 1.000% 240,000 i 1,374 241.374 1,165 240,000 8/812013 8/812018 1826 1.900% Amex Centurion Bank C42€ank CD 1,000% 240,000 I 1,324 241,324 1,171 240,000 8/142013 8/142018 1826 1.900% CifiBank CO wouldor Bank CO 1,800% 240,000 460 240,450 1,423 240,000 4t23t2014 412312019 1826 1.800% Webster Bank .BMW Bank CD 1,900% 240,000 450 240,450 1,425 240,000 412SM14 4/25/2019 1826 1,900 % BMW Bank Madaftn Bank CD 1-350% 240,000 53 240,053 1,060 240,000 4/252014 4252016 1461 1,350% Medallion Bank Barclays Bank CD 1.900% 240,000 400 240,400 1,429 240,000 4292014 4292019 1826 1.900% Barclays Bank Third Savings Bank & Loan CD 1.250% 240,000 263 240,263 1,063 240,000 4292014 4282010 1460 1.250% 1 Third Savings Bank & Loan Bersahi t Bank CD 1.350% 240,000 9 240,009 1,065 240,000 41302014 4i302098 1461 1.350 % j Berkshire Bank Crascsnl Bank CO 1,300% 240,000 9 240,009 1,065 240,000 4/302014 ; 4/302018 1461 1.300 % £ Crescent Bank Cornerstone Commercial Bank CO 1.350% 240,000 9 240,009 1,065 240,000 4/3012014 i 4/302018 1461 1.350% ' Cornerstone Commercial Bank First Merchants Bank CD 1,500% 240,000 9 306 240306 1,065 240,000 41302014 ' 41302018 1461 1,500% Fbst mercmants Hank Ephrata Bank CO 1,650% 240,0001 336 240:336 1,065 240,000 V3012014 ' 4/302018 1461 1.650% Ephrata Bank Pwkv,oy Bank & Trust CD 0.450% 240,000 ! 24 240,024 358 240,000 5232014 5232016 731 0,450% Parkvay Bank & Trust Customers Bank CD 1,000% 240,000 ' 20 240020 730 240,000 5282014 6/302017 1098 IA00% Customers Bank TravemeCity CD 1.100% 240,000 240:000 914 240:000 5/302014 1WO,20'e7 1280 1.100% Traverse City Momck Bank CD 1,350% 240,000 = 195 240.195 1,074 240,000 5192014 5/92018 1461 1.350% Merrick Bank Regal Bank CD 1,400% 240,000 138 240,138 1,142 240,000 51162014 7/162018 1522 1.400% Regal Bank Syrtchrony G,E, Capital Retail Bank 2000% 240,000 368 240,368 1,432 240,000 5/2/2014 5/22019 1826 2.000% mr G.E. Capital Retail Bank CD Fiat Business Bank CD 1150% 240,000 127 240,127 1,450 240,000 520/2014 5202019 1826 1,750% First Business Bank Guff Coast Bank CD 1,750% 240,000 138 240,138 1,450 240,000 51192014 5202019 1027 1.750% Guff Coast Bank Pao ne Bank CO 1,800% 240,000 35 240,035 1,455 240,000 51282014 5/282019 1826 1.800% Peapack -Goldstone Bank Waslangton Trust CD O,Sw% 240.000 739 _ 240,739 599 240,000 6,,1 2014 LAr2017 945 0.650% Washin lan Trot _ Ave _ -..-_ 1 308 5 8.4 0 5 10,726 5 -- S f#_4 ,M & S a80.000.. I _ T t Book. Atsxu d Rate V lnerosl Llnraatisa isti Lossi 1 Days to Valus Matud Actual Management Fees Charged Statutory k anagamenT Fees Albxed tsl.Papt 0,2% 5.....48,905.531 S 18.76fi 548,924;297 922%-Otrendin 03/31/15 5.00%: a24,297 Money MWI&Ot aMutual Fund kitet4gt Rare _ Book Awuoll. Value Interest UnmaT bir Ga?n/'i=oss to rket Value Days to wAlumv _. Bond Issue na meat Fees tslAmet can 0,020% NSA _. 5 1 1996 COy Hal Revenue Bonds .40% of Average 004 1st American 0.020% N/A 1 1996 City Hal Revenue Bands 1st American OA20% NIA 1 1994 Serfs Bonds -PA 1 1st American 0,020% N/A - 1 1998 Serbs Bonds - PA 2 1st American 0.020% N/A 1 1998 Series Bonds - PA 1 1st American 0.020% N/A 1 1996 PA Serbs Bond 1st American 0,020 % '' N/A 1 2001 Series Bonds - PA 1 1stAmerican 0.020% N/A 1 2004 Financing Authority 1st American 0.020% N/A 1 2004 Financing Authority 1st American 0.020% NIA 2002 Series Bonds - PA 1 1st American 0.020% N/A 2002 Serbs Bonds - PA 1 1st American 0.020% 2,420,206 NIA 2,420,286 1 2002 Serbs Bonds - PA 1 1stAmerican 0.020% 57 WA 57 1 2011 Financing Authority 1stAmerican 0,020% 97 NIA 97 1 2011 Financing Authority 1stAmerican 0.020% 600,009 N/A 600,009 1 2011. Sonar; B€tnds-PA2 1st American 0.020% 2,694,421 NIA 2,694,421 1 2001 Series Bonds - PA 1 1stAmerican 0.020% 25,559,530 N/A 25,559,530 1 2001 Series Bonds - PA 1 1 at American 0.020% N/A 1 2011 Series Bonds - PA 2 1 st American 0.020% NIA 1 2011 Series Bonds - PA 2 istAmerican 0,020% 6 NtA 6 1 2013 Series Refunding Bonds 1st American 0,020% 1 NIA 1 1 2013 Series B Refunding Bonds 1st Arn ioe0 0.020% 0 NIA r==10 1 2014 `aas Allac Rs€ Bands 31.274,415 1 It ---. 8 -1 31274415 # 3L274,d15 I # - s _._.. $ 3i.2T 71':5 # t1S90T.# # 39,274 # 43,591 # 174 tla s 0.14 City of La Quinta Summary of Investment Activities City, Successor Agency and Financing Authority May 31, 2015 Investments Purchased Name Type Principal Date Yield to Maturity LAIF-CITY LAIF-CITY 20,000,000 5114/2015 US Bank Mutual Fund Interest 155 Total Investments Purchased 20,000,155 Investments Sold/Matured Name Type Principal Date Yield to Maturity Bank of New York Investment Redemption (20,000,000) 51812015 Total Investments Said/Matured (20,000,000) Checking & Savings - Net Change 6,188,477 Unamortized Premium/Discount Change Investment Chanae Prior Month Ending Balance $ 1091418,015 Plus : Investments Purchased 20,000,155 Less: Investments Sold (20,000,000) Checking & Savings - Net Change 6,188,477 Unmortied Premium/Discount chap a 1,326 Month Ending Balance 115,607,973 00 90 Gay of Ls 4unk1 B®kbWun of Cah&k—*.-b&Bab 8 My31,2015 DWkiku&en of Gsh& knms nls T Gs-.aF 5 4E,as4.S7t 1 To 1274,594 T Faa } 5,622,%4 -am 752,477 4=8 ks Fund 23,255 Po1k1 1 3,232.972 Ad. NO fi78,640 ._--..P-. 1.3176:021 h4 0 Fud 86.672 p: ,W Fud f,433252 .. _ - Fsad 2,7fz461 - nT Fued 792.747 ;kE - F4 2,064,335 € w - & LO'ei9 Fund M.227 so-R.A'F—n t 4-W) 7.sa8 AQ--Y Fufub 29219 4 S-f## 1 z _ 1 6,485,456 CspW k.pmvw—A Fug S SA22,290 1 11,917,746 Osbl S.— F..& 6,634.424 1,i62,154 1 7,796,578 uasas Strge-y (8,433=7) 17,SD7 1 (8,415,430) L22A _.F-. - !f0 4-T_ 7 - 532. a - #e _. Rrekli+rv4t t SSR`!i4 Fug§ 15-37f 1 7i Mit [iTT71:f'Tt"7f $1'e& _.. _. 9_ 7.low 2,517.5i 3-.13ti.406 1490,702. 2497,."7a` 4 -417 4, ;275 CMIR. loam 417874 9p:75672 _ It" -oaf ! 49, 5�5 ,640 934 2a.567,283 27, 7> T'..35i.211 3Si .00 29,55iVA 29,USiM #6 90 29,5531 4&. s'3€ *, " an nt. bank d.p 0 0 0 a 0 0 0 @ 0 0 b VA Tracy 5204.1. 0 0 9 9 0 C 0 0 0 0 9 UA-C3a--M Spofsnzad Enisfp4ss 37.950,046 37, ,372 xT, i, 37, 37 7 37.%S, 37.9€5> 37.96&,1!! $7_ .445 37,a70,t29 17r PfY�ae . _4_. P.W 4 a 6 0 @ a 0 0 5 0 N4ws 0 6 0 4 0 0 a a Q $ 0 C.M.O.— 9f D 6.480.060 8,4M; 9,4 ,0Q0 0,w 6-4wow 6,4w.MQ B, NAW S'Anow €,4 .0w MMAW k4aotw- €- - -t 392ma 42- 11- 31. 2, _6tB. 3t279_ 5f_ 1: 73:04 -1 a 344 7 _ 6M 312 C274M. 74 3# ,41 ray 131 4 f 3#f _ f 49 77441 #%# 1 i1f 1 _ 1 } 12E 12MWOffi 41 016 11116079M 14 e-. Vus1+----___ € tom& _"�-'•. -- _- 4nAp 64kes 58€ f 4, a 1.9$1 5 3-11571M 5 ,831 3_W,£St 6.334,$44 51_ _ ampos tuft Pso1 34,424,537 IIA24$37 tT_024,537 is 993 5 17,M,075 10,7#1075 4$905,531 it, 4.337 31 -337 31, ,= 33. ,w 40, 1 b." 4s bank depeai - i 3a. 4 504 39, ,d44 a 0 9 a a 7 4 C a1 ll€ -_ T—.,y eaw 40.194271 4Ot 7w 40,199,157 40220St6 40199.481 30,200.605 1€20f,641 11., 484 0 0 8 0 US C SFsr—d EnWJ.W- 42943,426 42,644,M 42,946.036 4z"T- 3 3S,€ "641' 39,949,973 "WAM MM4"3V.BW,025 39,%5.109 3i7. .43•_a` 37,�7,IE9 Naffs 4 0 a 9 E 0 0 8 P 0 G 0 f,400M ti t.680.000 &,"OA f,1 a09 1,MOOG d,4 T,1 f, #,6 # C240I)w SAM000 2587131 9. 845 740 1 # 18 a _ # 7. 7974 33 70-741 i9 _-1 #1 it91 ;:__. 104. s71 i0S.1t5 5 '41 - # 910-..§ -.i#dA- 1-111107231 111 t - T *1 a y2 - - ;r3m?tS 2$i570 a,976 -.... llwlff _--_ 137". 5 -2. -5 "M 1.4$%0f5 6. ,@-13 254 7w 49MIM 455407 SPsa1 .1,3 km I?076,745 27%'T6-m 15," 4 20 MM4. ,4'w. 5 3027S,E53 31.07SAM 3 675.6S3 3 AMAQ .@28, ,01OM2. 3-4m bank d"..k 10F�1.45f 15,007.114 3b5F4.855 3VAM 30,34SAN 32, l 39 I'm JSAW313 .997,3§7 -",=M 70,944,&#7 M,9%50$ 21,8. Tvesrery B604sm SaWA50 W%M T 049,E ,235 Mqax430 4Xwl.m 43,aMOM ` ,311W 9910 73 5.1Vs. 72MM -q§j4,0t3 +,5, +rmut460.1 -fa4 En*rp a fa534,4% t9-?�7371 74 ;3 14 ,0N 14 643 14, 7,643 2l"7. 22. 23.996,161 11_) : &W 8,9&8,321 Cs�retfsl:§1P4 19, .M 4,9$7433 0 0 a 6. 9.427 14,996,537 14_ ,P17 9,996,628 a„. , 0. ,342 11,l�7= Nam s211b3 wl 1aAZ4. 4 S.0#5M 59 .sue 5,M2.i 0 9 a 0 a a 0 4 st 724.06B 724,1 774,0 724,1 724..)m 724 T24,�4! 7'�e4 0 724.{N7 =24. 724;000 '24,AM0 'F. 45 F 1 45 1fn 16 i 1 7 t6.1 247 1 - 1 9 . 201 $ a i 416 T9�f 1 M i -. 1 _ -_i.- - i 8 # _.. - 54 # _ 56. - # t Y - $ 2 _ 2. 4 - t 1MM-1 11MMAR7 F t0 91 City of La Quinta Comparative Rates of Interest May 31, 2015 City of La Quinta Annualized Earninos Average Treasury Bills/Note Three Month Year Month Pooled Cash Fiscal Agent Overall Maturidays) Three Month Six Month_ One Year. Two Year Non-Financtal - - -------- LAI F Ra FY 10/11 July 2010 0.50% 0.15% 047% 119 0,16% 0,20% 0.30% 0.63% - ---- 0.28% 0.53% Aug 2010 0.49% 0.15% 0,46% 108 0,15% 019% 0.26% 0,38% 0.25% 0,51% Sept2010 0.55% 0,15% 0,51% 107 016% 0,19% 0.27% 0,38% 024% 0150% Oct 2010 0,55% 0-15% 0.51% 88 0,13% 0.17% 0.23% 0.38% 0123% 0,48% Nov 2010 0,53% 015% 0.49% 84 0,18% 0.21% 0.28% 0.50% 0.23% 0.45% Dec 2010 0,57% 014% 0,52% 265 0,15% 0,19% 030% 0,63% 0.23% 0.46% Jan 2011 0.51% 014% 0A3% 206 1 0.16% 018% 0. 2 B'/6 0k3% 0,24% 0L4% Feb 2011 0.55% 0.17% 0,46% 210 0,15% 017% 0.319/. 063% 0,23% Ul% Mar 2011 0.54% 0.17% 045% 218 0.05% 0,13% 0.26%O�7;% 0.23% 0,50% Apr 2011 0.59% 0.17% 0.48% 192 0.05% 0A0% 0.28% 063% 0.20% 0,59% May 2011 0.48% 017% 0.41% 156 0.06% 0.12% 0,20% 0.60% 0.16% 0.41% June 2011 0.53% 0,00*N 0.35% 126 0,03% 0.10% 0,20% 0,38% 0.15% 0*41% FY 11/12 July 2011 053% 0.00% 035% 112 0,07% 0,12% 015% 0,20% 0.14% '14% 0.38% Aug 2011 0.60% 0.00% 0.38% 102 0,02% US% 0,10% 0,13% Ol 6% 0,41% Sept 2011 0.58% 0,03% 0,39% 124 U2% 0.06% 0.09% 013% 014% 0.38% Oct 2011 0.53% 0,03% 0.35% 117 0.01% 0.06% 0,12% 015% 0.15% 0,39% Nov 2011 0.52% 0,03% 0.37% 94 0,03% 0.07% 0,10% 0.25% 0,14% 0A0% Dec 2011 0,48% 0,03% 0,35% 1 86 002% 0,06% 011% 0,13% 0,14% 0.39% Jan 2012 0.45% 0.03% 034% 74 0,05% 008% 0�11% 025% 0,14% 0,31% Feb 2012 0.49% 0.05% 036% 72 0.12% 0.15% 0.17% 0,25% 017% 0.39% 2012 0.44% 005% 0,34% 74 0,08% 0.1 025% 0,18% 0.38%Mar Apr 2012 0,44% 009% 0.35% 61 0,10% 0.111. - I I 025% 020% 0,37% May 2012 0,43% 0.09% 0.34% 62 0.09% 0A4% 0,19% 0.25% 019% 036% June 2012 131% 1,08% 0,29% 47 010% 015% 0,21% 015% 0.21% 0,36% FY 12/13 July 2012 0,41% 0.08% 0,31% 112 011% 0,15% 0,18% 0.22% 0.22% 0.36% Aug 2012 0.41% 0.08% 0.29% 31 0,11% 014% 0,20% 0.25% 0.20% 0.38% Sept 2012 0.43% 0.09 % 0.33% 34 0.11% 014% 018% 0,25% 0,20% 035% Oct2012 0.47% 0 1- -- 22 0.13% 0.16% 0.18% 0.25% 0.19% 0.34% Nov 2012 0A8% 0,10% 0.36% 161 0.10% 0.15% 0A8% 0.25% 010% 0.32% Dec 2012 0,47% 0.10% 0.36% 137 0,11% 0,12% 0,16% 0.13% 020% 0,33-k Jan 2013 0.44% 0.10% 034% 111 0.08% 011% 014% 0,26% 0.16% 0,30% Feb 2013 0.37% 0,10% 0,29% 105 0.13% 0,14% 0,15% 025% 0.17% 0.29% Mar 2013 0.39% 0,09% 0,30% 123 0,08% 0.11% 0.15% 0,25% 015% 0.29% Apr 2013 0.31% 0,081/6 0.25% 186 0,05% 0.08% 014% 0.13% 0.12% 0.26% May 2013 0.30% 0,06% 0.23% 175 0,5 % 0', % 8 0, 0.14% 0.25% 010% 025% June 2013 0,30% 0.07% 0.23% 212 0.05% 0.09% 016% 0.38% 0,10% 0,24% FY 13114 July 2013 0.28% 0.07% 0.21% 336 003% U7% 0.12% 0.25% 0,11% 027% Aug 2013 0.28% 0,06% 0.21% 303 0,03% 0,06% 0,07% 0,14% 009% 0,27% Sept2013 0.30% 0-07% 0.23% 321 0,01% 004% 0,01% 025% 0.08% 0.26% Oct 2013 0,48% 0,06% 0.31% 427 0,05% 0.08% 0,16% 025% 0.11% 0.27% Nov 2013 0A9% 006% 0.31% 444 0,05% 0.08% 0.16% 025% 0.09% 0.26% Dec, 2013 141% 11,01% 0,31% 396 0,07% U9% 0.14% 015% 0,09% 0,26% Jan 2014 0.44% 0.05% 032% 381 0.04% 0.06% 0.13% 0.38% 0.09% 11,24% Feb 2014 0.44% 0,03% 0'30% 357 0,05% 008% 0. 1 2% 0.26% 0.10% 0,24% Mar 2014 044% 002% 0.30% 352 0.05% 0,07% 0,12% 0,38% 0.10% 0.24% Apr 2014 0,47% 002% 0.33% 368 0.02% 0.05% 0.11% 0A5% 0.10% 0.23% May 2014 0.49% 0,02% 0.35% 373 004% 0.06% 0.10% 039% 010% 0.23% June 2014 044% 0.02% 0.33% 310 0.04% 007% 0,11% 0.50% 0110% 023% FY 14115 July 2014 0.45% 0.02% 0134% 305 0,03% O�06% 0,11 % 0.50% 010% 024% Aug 2014 0.49% 0.02% 036% 313 0.03 % 0.05% 011% 0.50% 0111% 0,26% Sept2014 0.50% 0,02% 0,36% 325 0, 0,12% 0.50% 0.10% 1 0,25% Oct 2014 050% 0,02% 0.351/. 323 0.02% 0A6% 010% 0138% 0,10% 0.26% Nov 2014 0.52% 0,02% 0.37% 317 0,03% 0.08% 0A4% 0150% 0.10% 0,26% Dec. 21114 0,52% 1,112% 0,37% 304 0,02% 1*07% 0,11% 151% 0"13% 0,27% Jan 2015 0.49% 0.02% 036% 268 0,02% 0,07% 0,21% 0.50% 012% 0126% Feb 2015 0.51% 002% 0,36% 269 0,02% 0.08% 0.21% 050% 0'12% 0,27% Mar 2015 0,52% U2% 0.37% 261 0.04% 0.14% 0 .27% 0:50% 0.11% 0,28% Apr 2015 052% 002% 0.37% 248 0,02% 0,07% 0251% 0,50% 0.10% 0.28% 92 10 City of La Quinta Chart of Interest Rates December 2014 through May 2015 0.60% 0.50% 0.40% Percent 0.30% 0.20% 0.10% 0.00% Dec'14 Jan'l 5 Feb'15 Marl Apr'15 May'15 Mb1th — s — Anrojarmed EaffivW of Pooled C=h Iment— 4 � Amuoked E of F-4 Agent 1 z Pr. oTA kr -- — ri Month Te q BN Rate — Two Yw T —ay Note Rate Fi 93 BUSINESS ITEM NO. 1 City o f ...... a Q i,.j III Ilia t m :III ..I .XA.. IN C.III..... III:III ..I.,.III.IIN JULY 21, 2015 S..I.. I: III; ; IP IU:..I.' 0III;III11) . m'I 1`1 illl;: APPOINT A LA QUINTA REPRESENTATIVE TO THE COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT'S BOARD OF TRUSTEES IIIIL IIIIIIIIII; f"�O ill i IIIIIIIIII.IIIi iC I "'I"":IIII':Oil�i Set a policy regarding simultaneous membership on an internal board and an external board. Appoint a La Quinta representative to the Coachella Valley Mosquito and Vector Control District's Board of Trustees to complete the unexpired term ending December 31, 2016. 'IIIIIIIIII;I" 1J IJ Ell SIIMM JIII'IY • Robert Cox, La Quinta's representative since January 2009 recently resigned. The current four-year term of the vacated seat expires December 31, 2016. Applications were received from three residents (Attachment 1). • Council has not set a policy as to whether it will permit a resident to be a member of both an internal and external board simultaneously. Since one applicant is currently a member of an internal board, setting such a policy is timely. L.... ':IIII': M, P � �°"I" _None ......................................................................................... IWGllll'I011llllll'I ,Ilii JIII,YS':IIII':S In 2013, the Council re -adopted the 1996 Municipal Code provision stating in part that that all members of boards and commissions of the city shall serve on only one board or commission at any given time; however, clarification regarding simultaneous memberships on internal and external boards/commissions would be beneficial. The Coachella Valley Mosquito and Vector Control District is a non -enterprise special district operating under California Health and Safety Code. It is accountable to the residents of the Coachella Valley and charged with protecting public health through the control of vectors and vector -borne diseases. The 11-member Board of Trustees is comprised of officials appointed by their respective city councils. The qualifications of Trustees is governed by State Code and requires appointees to have "experience, training, and education in fields that will assist them in the governance" of the District. The Board meets once a month and offers Trustees a $100 stipend for every meeting attended. A call for applications for the position vacated by Mr. Cox was published in the June edition of the GEM newspaper and on the City's website. Three applications were received from the following La Quinta residents: • Richard N. Gray [sitting member of the Architectural & Landscaping Review Board] Mary Ann Hackney • Douglas D. Hassett Ballots are included as Attachment 2. La Quinta has had a resident representative on the District's Board since 2009. Prior to that, the representative was a sitting or former Councilmember. JIII ,1° IIIIIIIII; i' Ili i 11 II S Until an appointment is made, La Quinta is unrepresented on the District's Board so no alternative to appointing a representative is recommended. Regarding dual memberships on an internal and external board, Council may postpone, allow or prohibit the practice. Report prepared by: Susan Maysels, City Clerk Report approved by: Frank J. Spevacek, City Manager Attachment: 1. Three Applications 2. Ballots ly i m Ate! \ m� ry \ A � �: 1Y . : � 7 « �2 ly i m Ate! \ m� ry \ A � �: 1Y . : � 7 « �2 ly i m Ate! \ m� ry \ A � �: 1Y . : � 7 « �2 ly i m Ate! \ m� ry \ A � �: 1Y . : � 7 « �2 ly i m Ate! \ m� ry \ A � �: 1Y . : � 7 « �2 ly i m Ate! \ m� ry \ A � �: 1Y . : � 7 « �2 ATTACHMENT 2 COAC F COAC F BALLOT Round No. 1 Please select one IELLA VALLEY MOSQUITO & VECTOR CONTROL I *indicates incumbent Richard Gray Mary Ann Hackney Doug Hassett EVANS FRANKLIN OSBORNE PENA RADI TOTAL BALLOT Round No. 2 (if needed) Please select one IELLA VALLEY MOSQUITO & VECTOR CONTROL I *indicates incumbent Richard Gray Mary Ann Hackney Doug Hassett EVANS FRANKLIN OSBORNE PENA RADI TOTAL 30ARD 30ARD 111191 fUL! BUSINESS SESSION ITEM NO. 2 IIII (W a ............ �G QL I YtG .....IIL.,. ICE .. IIL....... III; III; ...IIL.,. ICE a July 21, 2015 ...IIL., III III III III; III:: III III IIIIIIIIIIIIPJIIII' I";IIII""I'llll lull m RENAME FIRE STATION NO. 32 IN MEMORY OF LA QUINTA PARAMEDIC/FIREFIGHTER CHRISTOPHER DOUGLAS IIII.IIIIIIIIII CO M M IIIIIIIIII IIPJ IIII' ""I":IIII':OIIPJ Approve a request from La Quinta Fire Department to rename Fire Station No. 32 to the "Christopher Douglas Memorial Fire Station." IIIIIIIIIICII StIMM lR Christopher Douglas was tragically killed while on duty July 5, 2013. He spent eight of his nine-year career at Fire Station No. 32 where he served La Quinta residents, trained volunteer firefighters, and worked with the City's Community Emergency Response Team. The original request for a name change came from Mr. Douglas' widow, Amy Douglas, and is supported by the La Quinta Fire Department and CalFire. • If approved, new lettering for the fire station (see Attachment 1) will be ordered and a dedication ceremony will be planned for the fall. SC III MIIII°)""I' None. The dedication ceremony event, estimated at $2,500, will be funded by CalFire. �3AOKGIROI i IIPJ IIII' IIPJ YS':IIII'S Paramedic/Firefighter Christopher Douglas served the City of La Quinta for eight of his nine years as a Paramedic/Firefighter at Fire Station No. 32. He spent countless hours giving back to the community by training the volunteer fire company, assisting with the Explorer Post, and training the Community Emergency Response Team. He was a dedicated member of his team and "always went the extra mile," according to Battalion Chief Alex Gregg. On July 5, 2013, while responding to a roll-over crash on Interstate 10, he was tragically struck by a vehicle and later died from his injuries. In early 2015, Amy Douglas, his widow approached the La Quinta Fire Department about renaming Fire Station No. 32 in his memory. The request was initially discussed with Council on February 17, 2015. Council requested additional information and asked that the item be added to a future Council agenda. Due to scheduling conflicts and the desire to hold the event in cooler weather, the item was scheduled for the July 21, 2015 meeting. IU1 There is no established policy for naming a building after a person; however, a similar policy could be substituted from the City's Park Naming Policy, which only requires a person to be deceased to be considered. The request to rename the fire station has the complete support of La Quinta Fire Department and CalFire (see Attachment 2). If approved, La Quinta Fire Department and the City will coordinate the renaming of Fire Station No. 32 to the "Christopher Douglas Memorial Fire Station" and plan a dedication ceremony for fall of this year. I I'IIIIIIIIII IIIf J1N "°I":IIII'! III S Council could reject the memorial renaming of the fire station and maintain the existing Fire Station No. 32 name and request other options from La Quinta Fire Department. Report prepared by: Tustin K. Larson, Marketing & Events Supervisor Report approved by: Edie Hylton, Deputy City Manager Attachments: 1. Mock-up of fire station name 2. Memo submitted by Deputy Chief of Operations Dorian Cooley t9 Ln r N 0 N F N W J 'm Q _ lA a dN a za Q "az a O o a LL W � rc NI Q' W uaa At dVa a"� o u °a o c CY a IIIIIIIIII Wr �'; c ago _� C �! O N N P W A 0 Zs- V d VVIU Z JQ QV M� - o- m- -o - Z V E _ W Q'N NN �,' - os �a r i v;N sa nn uu uh � - w m � e s es II aSG a �� �6 �LL �II ° e _ G c9LLc lm dLL asmw _mLLd w 0 0 w H O LL O V H z z ¢ c a 2 � c ® z w C I— z a z a- a ® a z LL ¢ V. ® Is. w c °_ w = hJ U. z w O p � � C LLj m C L7 z 0 Q � ® U z_ z C ¢ 0 C W = z Q H J ¢ � d � � L) ® C _ z ILL ® L Q Ll H z ® �g C W d O z — � m Q LL O C Llj (J Ll W z = J ¢ C J = ¢ H � W U. LL C IY `®} F- J z ® Lx ® d - H 1 1 H1.P71V1 CIV 1 1 1 11I ATTACHMENT 2 T4ht 4 4v Qum& MEMORANDUM TO: Tustin K. Larson, Marketing & Events Supervisor FROM: Dorian J. Cooley, Deputy Chief of Operations DATE: July 7, 2015 SUBJECT: Information about Christopher Douglas and the renaming of Fire Station #32 Notes about Christopher Douglas - submitted by Battalion Chief Alex Gregg Christopher L. Douglas started his career with Cal Fire Riverside Ranger Unit In February 2004. He was assigned to the old station 32 and worked on medic squad 32. Soon he was sent to the Cal Fire Firefighter Academy and became a permanent Firefighter II/PM. We were lucky to have him assigned permanently back to station 32 after completing his academy. When the opportunity presented itself he happily accepted an assignment on Engine 32. Chris was excited to be a part of an engine company to hone in his firefighting skills and that is exactly what he did. Chris could always be found with his nose in the books studying fire ground operations and EMS protocols'. He was eager to learn all he could about being a good firefighter. He could easily get his crew motivated to train because his passion and energy for the job was contagious. Chris loved his job. He held himself to a high standard and encouraged others to do the same. Chris also spent his fair share of time in the kitchen preparing meals, trying new recipes and baking desserts. He was especially fond of the BBQ and trying to perfect his peanut brittle and chocolate fudge recipes. Occasionally his kitchen experiments ended with a question to his crew "Do you guys feel like pizza tonight?" and in true Douglas fashion he laughed it off, took it in stride and treated the crew to dinner. Chris was a humble Firefighter who strived to be his best. He was proud of his fire department and was honored to work in and for the City of La Quinta. Chris always went the extra mile. He was the first to volunteer a helping hand and in doing so touched many people's lives. He spent countless hours training the La Quinta Volunteer Fire Company, assisting in the training of our Explorer Post and training the City's CERT team. IUD Simply stated Chris excelled in the Firefighter/Paramedic position and when the time came, around February 2012, he decided to transfer to Station 93 to work at our Battalion Headquarters. It was not as decision he took lightly and we knew we would miss him. His impact in the community was soon obvious. For some time after he transferred it seemed we couldn't run a call or go to a community event without someone asking "Hey where's Chris?" He had a true compassion for every patient he encountered and had extraordinary bed side manner. No matter what you knew him as; Douglas, Topher or Chris, what we knew him as was a "model" Professional Firefighter, a crew member you had the upmost confidence in, a colleague, a friend, and our Brother. A person you simply wanted to be around. Notes about renaming Fire Station #32 for Christopher Douglas - submitted by Deputy Chief of Operations Dorian Cooley. In regards to the desire to name the station, it really is a combination of his being part of the initiation of having Paramedics in La Quinta, his time spent there, and the love he had for the community. While having many opportunities to transfer to other parts of the county, Chris chose to stay and work in the community he loved. He also started dating his wife while assigned to FS32, and with the long hours worked, it became their home away from home as well. After their son Sammy was born - evenings were spent between emergency calls - sharing dinner with the crew and family time there at the station. After his passing, Amy was seeking some permanence that her two children can see as a reflection of who their daddy was. The thought of naming the facility after him seemed to be a natural with the hope that it will serve as a reminder of their father for them. For the crews and the department, Chris was a hugely popular firefighter - known for not only his wit and laughter, but also his competence and dedication. His reputation as a paramedic, and his calming professional manner serving our many La Quinta residents over the years was impeccable. The desire is to also let him continue to be an example for our firefighters for years to come. The naming of the facility honors his service, and allows us to hold him up as a role model for other firefighters. "lt BUSINESS ITEM NO. 3 City o f ...... a Q i,.j III Ilia t m :III ..I .XA.. IN C.III..... III:III ..I.,.III.IN(S- July 21, 2015 S..I.. I: III; ; IP IU:..I.' A0DIJ!)A I""..IIII':""I"iC lull...... INTRODUCE ORDINANCE TO EXPEDITE PERMITTING PROCEDURES FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS AND ADD CHAPTER 8.90 TO THE LA QUINTA MUNICIPAL CODE IIII.IIIICIII; f"�O iC i IIIII .Ill���i iC I "'I"":IIII':Oil����i 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. adding Chapter 8.90 of Municipal Code Title 8 relating to residential regulations. • Governor Brown signed Assembly Bill 2188 (AB 2188) into law on September 21, 2014, requiring the establishment of an expedited permitting process for small residential solar systems of 10 Kilowatts or less on or by September 30, 2015. • The proposed Municipal Code language ensures compliance with AB 2188, representing an expedited streamlined permitting process for small residential solar systems. ':IIII':5f I, ':IIMIP ,„� I, _None. ......................................................................................... IWKGllll101 lull': ,Ilii JIII,YS':IIII5 On September 21, 2014, Governor Brown signed AB 2188 into law requiring the establishment of an expedited permitting process for small residential solar systems of 10 Kilowatts or less on or by September 30, 2015. The current requirement allows 60 days for processing permits and AB 2188 reduced that time to 45 days. In order to reflect this change, new language is proposed for Title 8 (Building and Construction) of the Municipal Code. AB 2188 also requires establishment of a checklist identifying eligibility requirements for expedited review. The Building Division currently uses a checklist to inform and guide applicants through the application process, which will be amended as necessary to ensure compliance with the State's "California Solar Permitting Guidebook" and will be published on the City's website. The checklist will be brought forward to Council as a separate matter. The City's permit operations currently comply with the newly -mandated permit processing time periods. The Building Division processes and reviews all solar energy applications within 14 days of receipt. Application submittals for residential use can be INS submitted via email; however, an online submittal will be available in September 2015 via the eTrakit system, which will allow for processing within a one- to three-day time period. JIII ,1° IIIIIIIII; i' Ili i 11tII S As the proposed changes will bring the City's Municipal Code into compliance with State law, staff does not recommend an alternative. Report prepared by: Burt Hanada, Building Official Report approved by: Les Johnson, Community Development Director INK ORDINANCE NO. 2015- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA ADDING CHAPTER 8.90 OF THE LA QUINTA MUNICIPAL CODE RELATING TO EXPEDITED PERMITTING PROCEDURES FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS WHEREAS, on September 21, 2014, the governor signed Assembly Bill 2188 (Stats. 2014, Ch. 521) into law; and WHEREAS, Assembly Bill 2188 provides that the implementation of consistent statewide standards to achieve the timely and cost-effective installation of solar energy systems is a matter of statewide concern; and WHEREAS, Assembly Bill 2188 amended section 714 to the California Civil Code, and section 65850.5 to the California Government Code; and WHEREAS, Section 65850.5 to the California Government Code now provides that, on or before September 30, 2015, every city, county, or city and county shall adopt an ordinance that creates an expedited and streamlined permitting process for small residential rooftop solar energy systems. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The above recitals and true and correct and incorporated herein. SECTION 2. This Ordinance shall be known as the "Residential Solar Panel Permit Streamlining Ordinance." SECTION 3. Chapter 8.90 shall be added to the La Quinta Municipal Code as written in Exhibit A attached hereto. SECTION 4. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional. SECTION 5. This Ordinance shall be in full force and effect thirty (30) days after its adoption. INK! SECTION 6. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be published within fifteen (15) days after passage in accordance with law, and shall cause this Ordinance and its certification, together with proof of publication, to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this day of , 2015 by the following vote: 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 ISE 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. 2014-013. SUSAN MAYSELS, City Clerk City of La Quinta, California DECLARATION OF POSTING I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on , 2015 pursuant to Council Resolution. SUSAN MAYSELS, City Clerk City of La Quinta, California "M ifi[ CHAPTER 8.90 Standards for small residential rooftop solar energy systems. 8.90.010 Purpose and intent. A. The purpose of this section is to create an expedited, streamlined permitting process for small residential rooftop solar energy systems, in accordance with California Civil Code section 714 and California Government Code section 65850.5. B. It is also the purpose of this Section to promote and encourage the use of solar energy systems and to limit obstacles to their use, in accordance with the standards adopted by the City pursuant to this section and State law. C. It is hereby declared that in any instance where the provisions of this Section conflict with any applicable State law or regulation, such State law or regulation shall govern. 8.90.020 Definitions. The following definitions shall govern the meaning of words and phrases used herein: A. "Checklist of Requirements for Small Residential Rooftop Solar Energy Systems" or "Checklist" means the rules, regulations, guidelines, and checklist adopted by resolution of the City Council that sets forth implementing and additional requirements for small residential rooftop solar energy systems consistent with Section 65850.5 of the Government Code. B. "Director" means the director of the City's Community Development Department, or successor City official or department responsible for the implementation of this section, as may be identified from time to time, in the Checklist of Requirements for Small Residential Rooftop Solar Energy Systems. C. "Electronic submittal" means the utilization of one or more of the following: 1. e-mail, 2. the internet, 3. facsimile. D. "Small residential rooftop solar energy system" means all of the following: "rA 1. A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal. 2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City and paragraph (iii) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or re -designated from time to time. 3. A solar energy system that is installed on a single or duplex family dwelling. 4. A solar panel or module array that does not exceed the maximum legal building height. E. "Solar energy system" has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or re -designated from time to time. 8.90.030 Development Standards. In addition to the Checklist of Requirements for Small Residential Rooftop Solar Energy Systems, the following standards shall apply to each small residential rooftop solar energy system: A. Solar energy systems shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities, consistent with Section 65850.5 of the Government Code. B. Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. C. The Community Development Department may from time to time revise the Checklist of Requirements for Small Residential Rooftop Solar Energy Systems as long as any revisions are consistent with the most recently adopted resolution of the City Council adopting the Checklist, and are consistent with Section 65850.5 of the Government Code. D. The Checklist of Requirements for Small Residential Rooftop Solar Energy Systems shall be made available to the public during regular business hours at the Community Development Department and by posting the Checklist on the City's Internet web site. 8.90.040 Application Requirements; Signatures. The applicant may submit the permit application and associated documentation to the City's Community Development Department by personal, mailed, or electronic submittal together with any required permit processing and inspection fees. For electronic submittal, the City shall accept an electronic signature on all forms, applications, and other documentation in lieu of a wet signature by an applicant to the extent permitted by law and to the extent such electronic submittal complies with the requirements set forth in this section and the Checklist of Requirements for Small Residential Rooftop Solar Energy Systems. 8.90.050 Review. Review of the application to install a solar energy system shall be limited to the Community Development Department's review of whether the application meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the solar energy system will not have a specific, adverse impact upon the public health or safety. If the Director of the Community Development Department makes a finding based on substantial evidence, that a solar energy system could have a specific, adverse impact upon the public health and safety, the City may require the applicant to apply for a conditional use permit or other applicable license or permit. 8.90.060 Approval Requirements. A. An application that satisfies the requirements of this section and the Checklist of Requirements for Small Residential Rooftop Solar Energy Systems shall be deemed complete upon confirmation by the Director of the Community Development Department that the application and supporting documents are complete and meet the requirements of this section and the Checklist. Upon the Director's determination that an application is complete, the City's Community Development Department shall approve the application and issue all required permits or authorizations. Upon receipt of an incomplete application, the Director shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. B. If the City denies the application, the City shall make written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact. C. The decision of the Director of the Community Development Department pursuant to paragraphs (1) and (2) above may be appealed to the Planning I N V11 Commission pursuant to Section 9.200.120, and, if a subsequent decision of the Planning Commission is sought, may be appealed to the City Council pursuant to Chapter 2.04 of this code. 8.90.070 Inspections. For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection, except that a separate fire safety inspection may be performed if the City does not have an agreement with a local fire authority to conduct a fire safety inspection on behalf of the fire authority. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized, however the subsequent inspection need not conform to the requirements of this section. 8.90.080 Approval by Association Not Required. The City shall not condition approval for any solar energy system permit on the approval of a solar energy system by an association, as that term is defined in Section 4080 of the Civil Code. IFR STUDY SESSION ITEM NO. 1 III W a ............ �G QL I YtG .....IIL.,. ICE .. IIL....... III; III; ...IIL.,. ICE a July 21, 2015 ...IIL., III III III III; III:: III III IIIIIIIIIIIIPJIIII': I":IIII""I'llll lull m LOGO REFINEMENT DISCUSSION IIII.IIIIIIIIII CO M M IIIIIIIIII IIPJ IIII': ""I":IIII':OIIPJ Provide direction regarding updating the City's marketing logo. IIIIIIIIIICII StIMM lR • On May 19, 2015 the City Council reviewed the City's branding elements and proposals to update the logo, color scheme, and font. • Council approved the font and color palette, and requested revisions to the proposed logo. • If approved, staff will begin the total brand refresh to encompass all digital and print materials to be completed this fall. SC III MIIII°)""I' The logo refinement is part of the total brand refresh project budgeted at $30,000 in the marketing account. I�3AQKQR01 i IIPJ IIII':/ IIPJ yS':IIII':S On May 19, 2015, the Council reviewed an updated marketing logo as part of an overall brand refresh. While the color palette and font were approved, Council requested changes to the proposed logo, which include: • More space between the "La" and "Quinta" • Angled line in the "Q" • Thicker font • Smaller gem icon • Variations from Graphtek Interactive Staff revised the proposed logo and worked with Graphtek Interactive to create variations for further review (Attachment 1). If approved, staff will begin the brand refresh that will encompass all print, apparel, fleet vehicles, and digital media. The refreshed brand will be completed by fall 2015. Report prepared by: Tustin K. Larson, Marketing & Events Supervisor Report approved by: Edie Hylton, Deputy City Manager Attachment: 1. Logo revisions `1% ATTACHMENT 1 Z, III .. � ���� uuuuuuuuuuuuuuuuuuuuuuuuuuuuu �„� iiiiiiiiiiiiiiiiiiiiiillilli illillilillillillillillillillillillilI lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll lllllllllllllllllllllllllllllllllllllllll (0llmlllllllllll 'fill IIIIIIIIIIIIIU llm 123 mmi u q�gy y� YuW 9 m uuu �uuu i �uuu�uuwu mmuq gy y� YuW 9 124 `vim MOM= CY (Tj ����w] �_� I Mi STUDY SESSION ITEM NO. 2 ....... C11 Q i,.j III ri tcl C I'Y COUN Call.IIL....... III III ...III. °: July 21, 2015 ..., III::: III:::IIIIII:III: "III°..I. GIIIIIII'l'T,11° 1"", [1 El1: ECONOMIC DEVELOPMENT STRATEGIES 1.IIIIIIIII;CO 11. "'11('Y11 Provide direction regarding economic development strategies. • On March 17, 2015, City Council provided staff with direction to develop an economic development strategic plan that would preserve La Quinta's retail, tourism, recreation, quality of life and economic base. Attachment 1 presents the strategic plan for Council review and input. None. Il ,O111GI?,.011111111111)1 111 ,1,ySIS On May 20, 2014, City Council formed an Economic Development Subcommittee. Since formation, the Subcommittee has meet with a wide breadth of business stakeholders to better understand emerging trends in the retail and hospitality sectors, and market forces affecting them. These discussions then stimulated the need for an economic development strategy wherein City resources would be invested to stimulate: job creation and retention; tax base enhancement; quality of life (creation, enhancement and preservation); strategic partnerships; and resource programming. The City Council discussed economic development strategies at the March 17, 2015 Study Session and subsequently, the community was geographically categorized into four distinct opportunities including: the Village, SilverRock Resort, the Highway 111 corridor, and the eastern unincorporated area. Understanding the unique characteristics of these four critical areas has been essential for drafting a long-term economic development plan. On July 8, 2015, a draft plan was presented to the Economic Development Subcommittee. Their input has been incorporated into the La Quinta Economic Development Strategic Plan, which is subdivided into the following components: VISION - a broad, overarching goal illustrating the intentions of the plan. 127 • Guiding Principles - provide greater detail to the long-range focus by a specific opportunity, for example, preserving quality of life. • Objectives - `half way point' objectives that bridge immediate resource use and the long-range intent of the plan outlined in each of the guiding principles. Strategies - resource deployment or tactical plan for the current fiscal year (defines a set of activities with measurable outcomes, corresponding budget and a program evaluation). The draft plan is in a pyramid format with the vision at the top. As the document progresses, the components that comprise the plan become more directional in nature and shift from qualitative to quantitative goals. The recommended next steps include: Provide direction on plan implementation. Consider policymaking for the Economic Development Reserve. Examples could include adoption or development of incentives such as transient occupancy tax or sales tax sharing agreements. Report prepared by: Ted Shove, Business Analyst Report approved by: Frank J. Spevacek, City Manager Attachment: 1. Draft La Quinta Economic Development Strategic Plan 128 m 5 Economic Development Strategic Plan After a period of organizational readjustment in response to the dissolution of California Redevelopment Agencies, the City of La Quinta is now forging ahead with an economic growth based vision. This long-term vision is supported by the Economic Development Strategic Plan ("Plan"), which directs organizational resources toward expanded economic development over a ten-year period through strategic plan components including a set of seven guiding principles. The guiding principles are objectives that set performance standards in five-year intervals. Local municipalities most commonly operate on an annual budget cycle wherein resources are allocated for specific initiatives through a tactical plan, which matches budgeted resources with defined efforts and measurable outcomes. Strategies are an incremental approach to accomplish objectives, allowing for annual adjustments. The tactical plan within this document outlines a pathway to allocate resources for economic development in La Quinta. Prior to the beginning of each year, a program evaluation is conducted. The report, presented to the City Council, identifies the effectiveness of resources allocated and provides recommendations for the next fiscal year. The tactical plan portion of this document would then be revised to incorporate the recommended changes. In the following section, the economic development based vision is identified and serves as the central focus of each of the guiding principles. The Plan's central thrust is a focused approach at preserving and enhancing La Quinta's business environment and community profile. VISIG114 To preserve La Quinta's vibrant community through enhanced amenities, exceptional quality of life, full spectrum housing supply, and a robust, year-round economic base; that will act as a beacon to the community for the future. The Plan's components are broken down into seven Guiding Principles with corresponding Objectives and further categorized into Strategies. I. Robust Economic Base - Develop a year-round, recession resistant economic base in La Quinta through business attraction, expansion and retention. a. Implement approaches that maintain communitywide low commercial vacancy rates. I. Identify alternatives from national emerging trends to reoccupy existing commercial vacancies. II. Attract a new end user to most challenged commercial developments, consistent with current General Plan. III. Develop a City -owned property deposition strategy yielding greater business attraction marketability. b. Streamline business -related municipal code sections, encourage expedience and business friendliness. I. Maintain ongoing dialogue with local businesses through outreach, survey concerns and challenges. Categorize similar challenges; develop potential solutions, present recommendations to Council, as appropriate. II. Expand Hotel and Hospitality Amenities - Stimulate expansion of La Quintals hotel/resort/hospitality industries. a. Champion full build out and long term economic viability of SilverRock Resort. IN b. Identify potential hotel/short-term vacation rental property development `Opportunity Sites' throughout the community. III. Ensure Vitality of La Quinta Village - Create critical mass in the La Quinta Village to support its economic base. a. Promote mixed -use development in and around the Village to bolster critical mass via foot traffic to support existing and future business base. b. Develop practices to create year-round critical mass that will support the economic base, including pedestrian -friendly infrastructure. IV. Assure an All -Inclusive Housing Community - Support opportunities that create a full spectrum housing inventory. a. Adopt policies that encourage the expansion of community housing options (i.e. affordable, special needs, live/work, sustainable). I. Develop in conjunction with other City departments - a program that proactively addresses residential properties that are in a state of disrepair/blighted. II. Identify and market housing sites in close proximity to the Village that encourage critical mass in the area. V. Preserve Quality of Life - Encourage recreational and cultural events that promote La Quintu's quality of life and support existing economic base. a. Maximize co -branding opportunities with Thermal's BMW Driving School. b. Develop an annual event that is unique to La Quinta's values. VI. Support Regional Economic Development - Maintain a stake in regional economic development by supporting initiatives that lead to: Increased educational opportunities that support local job creation; Plentiful supply of high value housing; Quality of life 119 preservation; and Development of an industrial base derived from specific clusters. a. Actively participate in regional economic development efforts as a stakeholder, seeking: greater educational opportunities, local job creation/retention and industrial cluster development. I. Support creation of an overall East Valley Coalition in regional economic development initiatives. VII. Program Evaluation - Periodically evaluate alignment of guiding principles with objectives and tactical plan. Realign short- and long- term strategies as necessary to ensure overall success of the Plan: preserve sound fiscal stability. a. As a periodic component of program evaluation, alignment towards guiding objectives and outcomes achieved will be evaluated. Alignment corrections will reflect a demonstrable link to both midrange and long term goals established I. Seek input through community stakeholder engagement to validate economic development strategy. Update Objectives and Guiding Principles to reflect stakeholder input. 133 City of La Quinta FY 2015-16 Economic Development Tactical Plan Tactical Plan Components Annual Measurable Associated Activities Estimated Budget Outcomes Encourage regular communication with local real estate brokerage community: stay current with market trends. Complete a market analysis for `Opportunity Sites', identify and target potential end users. Identify, develop marketing materials and market at least 9 vacant, commercially zoned AND 4 hotel/short Stimulate at least term vacation rental 20,000/sf commercial property `Opportunity Business Attraction - Village/U.S. Highway 111 Corridor development creating 20 permanent jobs with an initial capital Sites'. $ 20,000 Complete an auto dealer regional market analysis for City -owned investment of real property located on $500,000. U.S. Highway 111. Develop a `Cost of Doing Business Analysis' for the retail and hotel industries - comparing La Quinta to regional communities. Attend ICSC and other regional events, set and attend at least 25 appointments. Facilitate at least 5 site tours with site selector/corporate rep. Develop business attraction collateral materials. 134 City of La Quinta FY 2015-16 Economic Development Tactical Plan Revise existing business outreach program Implement survey utilizing a qualitative questionnaires, approach. Include an lexit quantify all data interview' survey Develop an add -in recorded. Provide periodic reporting to function to the City "How Council. website: are we doing" customer service Streamline Business survey. $ 5,000 Permitting Establish customer service satisfaction Complete at least 40 metrics. outreach visits Report findings to Council with recommended solutions. Carry out at least two Identify funding for community clean up residential community Address events clean up events. Identify alternate blighted/aesthetically Develop a program challenged conditions in and sources of funding for turf replacement of In -kind adjacent to residential and alternate funding single-family dwelling districts to assist current City residential units and efforts in turf City owned right of way reduction initiatives and median properties. SilverRock Ensure project adheres to approved In -kind development schedule/agreement Identify special community event venues that would Partner with increase economic community activity in the Special Events stakeholders to add community. $ 2,000 Engage event an additional community event organizers; determine optimal conditions for an additional community event. i61 City of La Quinta FY 2015-16 Economic Development Tactical Plan Identify existing Stimulate the opportunities to engage increase of BMW BMW Driving School for Community Marketing Driving School co- co -marketing purposes. In -kind Engage BMW to marketing opportunities at encourage participation community events in co -marketing with the City of La Quinta. Champion EVC initial set up to include hiring the EVC Manager. Act as a resource for the Attain at least 80% Support Mission of East completion of EVC Coalition by providing guidance, staffing, and $ 10,000 Valley Coalition (EVC). Matrix for first fiscal required financial year contribution. Provide periodic and final annual report to Council. Identify cost - appropriate online platform to engage community. Market online platform Utilize an online to residents and platform to engage stakeholders for the Economic Development (ED) La Quinta residents in Purposes of receiving In -kind Strategy Validation providing input to feedback. Compile feedback; validate ED Strategy incorporate changes to main document, as necessary. Report feedback to Council, seek final approval. Estimated Budget: $ 37,000.00 i6% ICSC San Diego - Planning XW i�z pvt S5 A,!, 2,- Activity Task ! Subtask Resource Time Period Timefrome May -June July -August September October - February Define Marketable Interests �yEstablish 4-5 Weeks opportunity sites iDevelop specific list of end users i, Staff /local broker input 2-3 Weeks (including competitors) Community_ profile Staff 1 Site specific demographics City fees Week Permit timing expectations (Market inEelligence (all sites identifed) _ 1 Week Site data Zoning/use restrictions Staff Competitor specific proximity _ tOPTIONAL - Community comparison costs 1 Week 6 weeks a Pre -Event Preparation ��Trip reservations_/planning_ _ Event registration Staff f1 " Week Hotel and travel accomodations (Develop marketing materials Staff y4lNeeks :Appointment arrangements Staff/local broker in ut� 6 Week"s ICSCEvent Post -Event Completion 6-10 Weeks ;Local broker referral Staff 1 Week Site Selector follow up 3-4 Weeks Staff/local - Site tours brokers 1-2 Local Weeks Negotiations broker/site Ongoing selector Decision -making Site selector Up to 3-4 Weeks Evaluation .Identify efficiencies/savings Staff Ongoing (up to 9 weeks after the Announce reportable successes/timing event) Evaluate resources for future efforts STUDY SESSION ITEM NO. 3 III W a ............ �G QL I YtG .....IIL.,. ICE .. IIL....... III; III; ...IIL.,. ICE a July 21, 2015 ...IIL., III III III III; III:: III III IIIIIIIIIIIIPJIIII': F1IIII""h'llll lull m PROPOSED DEVELOPMENT CODE TUNE UP IIII.IIIIIIIIII CO M M IIIIIIIIII IIII ""h":IIII':O IIPJ Discuss status of the proposed development code tune up and provide direction. IIIIIIIIIICII StIMM lR • City Council has requested review of the City's development code ("code") to identify measures to modernize and improve the permitting process. • The code identifies the procedures and processes for development approvals, and determines the level of review by the Community Development Director, Planning Commission and/or City Council. • Staff is proposing that a Project Action Team (PAT) and an Ad -hoc Committee be formed to identify improvements with the permitting process. The schedule would commence on August 13 and run through January 2016. • Final recommendations would be presented to the Architectural & Landscape Review Board, Planning Commission and City Council. II:MIIII°)""h' No immediate fiscal impact is anticipated from this effort. I�3AQKGRQI1IIPJ IIII': City Council wishes to evaluate the current code and identify ways to streamline the review of development applications. As a result, a code "tune up" is proposed. The code establishes the development approvals procedures, and identifies standards and permitted land uses. It also identifies the approvals that are reviewed by the Community Development Director, Planning Commission and/or City Council. Over the last year, improvements have been made to the permitting process via new permit tracking software and the new customer center. Both have resulted in a more timely and efficient permit review process. Additional efforts are underway to fully implement the features of the permit tracking software, which will provide even greater opportunities and reduce permit -processing time. The next step entails "tuning up" municipal code standards and procedures that have existed for a number of years, some since incorporation in 1982. The opportunity to 137 review these items is timely with respect to the aforementioned interests and recent improvements, with the ultimate purpose of improving the effectiveness of the City's land use and development review process. 14 11 y ':IIII': City staff has identified the following guiding principles for this tune-up: O Flexible —A code that is flexible and achieves all legal requirements for land use and development permit applications while not hampering the ability to facilitate quality development and high service standards. O Smart — A code that contains everything it should and nothing it should not; that is easy to understand and allows property owners and developers to effectively manage their development projects. The application review and approval criteria must allow for an appropriate amount of analysis and discretion consistent with the project's required level of review. O Local —A code that provides for meaningful public involvement in away that reflects La Quinta's character and results in development consistent with the General Plan. Based upon these guiding principles, staff has identified the following as integral components to the tune up effort: Project Action Team (PAT): Assemble key City staff, including representatives from the Building, Public Works and Planning Divisions, to inventory current permitting procedures and define key issues and concerns relevant to improving the permitting process. The PAT will also be responsible for assessing progress of the permitting process on a periodic basis. ■ Ad -Hoc Committee: This committee will assist City staff in identifying issues, receiving feedback and providing recommendations. The Ad -Hoc Committee will consist of two City Council members, two Planning Commissioners and one Architecture and Landscape Review Board member. ■ Outreach to stakeholders: An outreach plan consisting of an on-line survey, community/stakeholder meeting(s), and learning conversations with recent customers. The PAT will facilitate the outreach activities with the results presented to the Ad -Hoc Committee for review. ■ Development Code review: The PAT will review the code and prepare recommendations for improving procedures and code provisions based on the information and feedback received from outreach activities and the Ad -Hoc Committee. ■ Customer service goals: The PAT will identify customer service goals that would guide the streamlining process and establish measurable metrics for permitting activities. 138 Expedited review process: The PAT will evaluate an expedited entitlement application review process that relies upon consultant or contractor staff resources at the applicant's expense. ■ Research permitting process: The PAT will investigate best practices used by others that can be applied to the City's processes. Results will be shared with the Ad -Hoc Committee and included in the final recommendations. ■ Recommend Code Tune Up: Code modification recommendations will be presented to the Architectural & Landscape Review Board, Planning Commission and City Council for review and consideration. An implementation plan and timetable will be included. The following is a proposed schedule: • August 13 — PAT kick-off meeting • September 10 - First Ad -Hoc Committee meeting • September 14 - October 9 — Community outreach • October 29 — Second Ad -Hoc Committee meeting • November 19 — Final Ad -Hoc Committee meeting* December through January 2016 - Presentations to Architectural & Landscape Review Board, Planning Commission and City Council * Additional Ad -Hoc meetings may occur, if deemed necessary. A streamlined permitting process enhances the customer service experience and encourages economic investment. A code that is flexible, smart and local will ensure the City's processes are responsive to our customers' needs, and convey the message that the City of La Quinta is the place to do business. Report prepared by: Les Johnson, Community Development Director Report approved by: Frank J. Spevacek, City Manager IKR; IE PUBLIC HEARING ITEM N0, 1 III W a ............ �G QL I YtO .....IIL.,. ICE .. IIL....... III; III; ...IIL.,. ICE a July 21, 2015 ...IIL., III III III III; III:: III III IIIIIIIIIIIIPJIIII' I":IIII""I'llll lull m SECOND READING AND ADOPTION OF ORDINANCE NO. 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 IIII.IIIIIIIIII CO M M IIIIIIIIII IIPJ IIII' ""I":IIII':OIIPJ Adopt Ordinance No. 526 on second reading. IIIIIIIIIICII StIMM lR • At the July 7, 2015 Council meeting, Council approved a motion to take up and introduce Ordinance No. 526 on first reading, which amends several chapters of Municipal Code ("Code") Title 5 relating to business regulations and deletes five chapters. • Bylaw, a second reading of an ordinance must occur, followed by adoption and a 30-day posting period, before an ordinance may take effect. SC III MIIII°)""I' None. III III III �II�I�III II�II1111�1NIIIN A comprehensive review of the Code is in process. Many sections require changes necessary to: 1) align them with current best practices, 2) consolidate provisions, 3) remove unnecessary detail, 4) provide for flexibility, and 5) update terms. Addressed in this staff report are 15 of the 17 chapters of Title 5 of the Code. No updates were required to chapters 5.10 cable television systems, and 5.11 video franchises. The following summarizes the substantial changes to each chapter amended: CHAPTER 5.08 CABARETS The title of this chapter has been changed to ENTERTAINMENTS COMBINED WITH THE CONSUMPTION OF ALCOHOLIC BEVERAGES to more clearly reflect the subject matter it seeks to regulate, i.e. entertainment businesses where alcohol is served. Unnecessary provisions covered more thoroughly by state law, such as hours of operation and unlocked doors, have been deleted. The remaining sections will be incorporated into Title 9 conditional use permit provisions when that Title is revised, and this chapter will be deleted in its entirety. CHAPTER 5.12 DANCES This chapter will eventually be deleted and its sections incorporated into Title 9 temporary use permit provisions, it has been amended to consolidate and clarify sections, 1EN refer to the standardized notice and appeal sections recently adopted, and update language to reflect the contract relationship with County police and fire services. CHAPTER 5.16 DRUG PARAPHERNALIA DISPLAY State law deals with this subject more thoroughly and preempts municipal law so this chapter has been deleted and the subject matter addressed in the miscellaneous business regulations chapter (5.72) by requiring compliance with State law but reserving the City's power to remedy. CHAPTER 5.20 HANDBILLS The ability to regulate handbill distribution has been maintained to allow the City to remedy violations but the requirement to obtain a permit to do so have been eliminated as no permit for this activity has ever been sought or issued. Sections have been updated and two added to require a business license and set a penalty for noncompliance. CHAPTER 5.24 HOTEL REGISTRATION rAND 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. As an important tool for law enforcement, the chapter has been reworked to require hotel proprietors to collect and maintain all the information on guests that investigators may need. CHAPTER 5.28 ICE VENDING MACHINES This chapter has been deleted. It was adopted in 1982 as part of Ordinance 10, which contained 102 chapters pulled from codes of various cities and the County to create the first La Quinta Municipal Code. It is unnecessary in a desert setting, has never been applied, and such machines are governed by County health codes. CHAPTER 5.38 PARKING ATTENDANTS The regulations in this chapter addressing parking attendants using public right-of-ways will be added to Title 9 use permit provisions when that Title is revised. Until that time, the chapter has been amended to update the insurance requirements and refer to the standardized notice and appeal sections recently adopted. CHAPTER 5.40 PASSENGER CARRIERS On April 2,1996, the City executed an Implementation Agreement with Sunline Services Group and other Valley cities to authorize Sunline to regulate taxis and alternative for - hire transportation on its behalf. Section 1.3.2 of that Agreement states: "...the cities shall repeal any laws, regulations, and ordinances which regulate, license or franchise operators of taxicabs and Alternative Transportation within their respective city limits..." Most previous sections of this chapter are now being deleted to adhere to that Agreement, but in case that Agreement should ever become ineffective, language has been added to incorporate Sunline's ordinance as part of La Quinta's Code until such time as the City adopts a new ordinance to regulate the activity. CHAPTER 5.44 SECONDHAND DEALERS, PAWNBROKERS, AND LOAN BROKERS State law deals with this subject more thoroughly and preempts municipal law so this chapter has been deleted and the subject matter addressed in the miscellaneous business regulations chapter (5.72) by requiring compliance with state law but reserving the City's power to remedy. IEl CHAPTER 5.48 PEDDLERS - SOLICITORS This chapter was preserved to allow the City to regulate the activities of peddlers and solicitors through a permitting process. The minor amendments update the definitions and refer to the standardized notice and appeal sections recently adopted. CHAPTER 5.52 PRIVATE PATROLS State law deals with this subject more thoroughly and preempts municipal law so this chapter has been deleted and the subject matter addressed in the miscellaneous business regulations chapter (5.72) by requiring compliance with state law but reserving the City's power to remedy. CHAPTER 5.60 rLIQUIDATION-TYPEI SALES This chapter will eventually be deleted and its sections incorporated into Title 9 temporary use permit provisions when that Title is revised. At this time, language has been updated and reference made to the standardized notice and appeal sections recently adopted. CHAPTER 5.72 MISCELLANEOUS BUSINESSES REGULATED Formally, this chapter addressed only locksmith businesses. It has now been amended to consolidate the four business types that refer to compliance with state law, including locksmiths, private patrols, drug paraphernalia, and secondhand dealers. CHAPTER 5.80 SEXUALLY ORIENTED BUSINESSES This chapter was adopted in 1996 by numerous cities and has held up in court. Therefore, only minor clean-up changes have been made to the text including reference to the standardized notice and appeal sections recently adopted. CHAPTER 11.60 OCCUPANCY OF HOTEL ROOMS BY MINORS This chapter has been deleted and its provisions incorporated into chapter 5.24. I I'IIIIIIIIII IIIf JIP "°I":IIIIIII S As Council approved this ordinance at first reading, staff does not recommend an alternative. Report prepared by: Pam Nieto, Administrative Technician Report approved for submission by: Susan Maysels, City Clerk 143 144 CORRECTED 7/17/2015 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, 5.447 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 5.20 HANDBILLS shall be amended as written in Exhibit A attached hereto. SECTION 5. CHAPTER 5.24 HOTEL REGISTRATION shall be retitled and amended as written in Exhibit A attached hereto. SECTION 6. CHAPTER 5.28 ICE VENDING MACHINES shall be deleted. SECTION 7. CHAPTER 5.32 MASSAGE, THERAPY BUSINESSES shall be amended as written in Exhibit A attached hereto. SECTION 8. CHAPTER 5.38 PARKING ATTENDANTS shall be amended as written in Exhibit A attached hereto. Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 2 SECTION 9. CHAPTER 5.40 PASSENGER CARRIERS shall be amended as written in Exhibit A attached hereto. SECTION 10. CHAPTER 5.44 SECONDHAND DEALERS, PAWNBROKERS, AND LOAN BROKERS 2.55 OFFICIAL HOLIDAYS shall be deleted. SECTION 11. CHAPTER 5.48 PEDDLERS — SOLICITORS shall be amended as written in Exhibit A attached hereto. SECTION 12. CHAPTER 5.52 PRIVATE PATROLS shall be deleted. SECTION 13. CHAPTER 5.60 SALES shall be renamed and amended as written in Exhibit A attached hereto. SECTION 14. CHAPTER 5.72 MISCELLANEOUS BUSINESSES REGULATED shall be amended as written in Exhibit A attached hereto. SECTION 15. CHAPTER 5.80 SEXUALLY ORIENTED BUSINESSES shall be amended as written in Exhibit A attached hereto. SECTION 16. CHAPTER 11.60 OCCUPANCY OF HOTEL ROOMS BY MINORS shall be deleted. SECTION 17. 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 18. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty days after its adoption. SECTION 19. 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. Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 3 LINDA EVANS, Mayor City of La Quinta, California ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) I_1».111011417_F12 f9j 0 1U7 F WILLIAM H. IHRKE, City Attorney City of La Quinta, California 147 Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 4 148 Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 5 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. ICR; Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 6 B. "Dancing club" means any club or association of persons which conducts dances (other than public dances for its members or bona fide guests) more often than once per month at which a fee is charged, either for admission to the dance or for dancing therein, or at which any collection or donation of money is made or received, or in which the amount of dues to be paid by each member is dependent upon attendance at such dances by such members. C. "Public dance" means a gathering of persons in or upon any premises where dancing is participated in, either as the main purpose for the gathering or as an incident to some other purpose, and to which premises the public is admitted. D. "Public dance hall" means a place where dancing is conducted, whether for profit or not for profit, and to which the public is admitted, either with or without charge or at which the public is allowed to participate in the dancing, either with or without charge. 5.12.020 Hours. No person shall conduct, manage, carry on, allow or participate in dancing at any dancing club, public dance or public dance hall between the hours of two a.m. and eight a.m. 5.12.030 Permit required. No person, whether as principal, agent, employee or otherwise, shall conduct, manage, carry on, or participate in any dancing club, dancing school, studio, public dance or public dance hall unless by authority of a permit from the city manager. 5.12.040 Operation during suspension or revocation. It is unlawful to conduct or manage or carry on any dancing club, public dance, or public dance club or hall in the city under any permit issued under this chapter while the permit is in a state of suspension or while any suspension or revocation with respect to the permit continues to exist; and it is unlawful for any person to participate in any such dance. 5.12.060 Effect of permit. The issuance of any permit or temporary permit shall not be deemed to permit any violation of law or ordinance or rule prescribed pursuant to Sections 5.12.250 and 5.12.260. 5.12.070 Posting of permit. The permit shall be conspicuously posted upon the premises referred to therein, during the term thereof. 5.12.080 Requisites to issuance of permit —Factors considered. No permit or temporary permit shall be issued under this chapter unless and until it appears and is determined by the city manager, in his/her discretion, that the conduct of the dance hall, dancing club, or public dance will comport with and not prejudice or I Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 7 work to the disadvantage or injury or harm of the public peace, safety, morals, health or welfare, and that the applicant will, for the term of the permit, have in force and effect adequate insurance to protect the public and the city with regard to reasonably foreseeable accidents and other liability, and the city manager and other city departments, in acting upon any such application, shall consider any and all facts and evidence pertinent, relevant or material with respect thereto and require such conditions to permit issuance as the city manager deems necessary including making the permit conditional upon the attendance of a special police or fire officer or officers, appointed under Section 5.12.270 through 5.12.290. 5.12.100 Permit —Issuance. Permits to conduct dancing clubs, dancing schools, studios, public dances or public dance halls may be issued or renewed by the city manager upon the written application of any person for himself or on behalf of any other person, and payment of the required charges. 5.12.110 Permit —Expiration date. Every such permit shall expire on September 30th following the date of issuance. 5.12.120 Filing of application —Fee. Every such application shall be filed with the city manager, and at the time of filing the applicant shall submit a payment in such amount as has been prescribed by resolution of the city council, to defray the expense of investigation and processing. 5.12.130 Exemption from fee for casual dances. There shall be no charge or fee for investigation where dances are proposed to be held by charitable, memorial, fraternal or labor associations, student bodies of schools or the proposed dances are in connection with patriotic or holiday celebrations or festivals, where such dances are casual and for one such occasion only and are not conducted more often than once per month. 5.12.140 Application —Presentation —Contents. Every such written application for a permit shall be presented to the city manager and shall set forth the following facts: A. Applicant. The name and residence of the applicant or applicants, and if any applicants are a firm, association, corporation or club, the names and residences of the partners, officers, directors, managers and of all employees who will be in charge of the dancing club, public dance, or public dance hall; B. Location. The place for which the permit is desired or in which any dance or dances are proposed to be held; C. Time of Dances. The number and dates of the dances proposed to be held; M Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 8 D. Police. Whether a special police officer pursuant to Sections 5.12.270 through 5.12.290 is desired for the dance or dances, and will be present at times dancing is conducted, carried on or allowed. 5.12.150 Reference. Upon filing of each application, it shall be referred by the city manager to departments designated by the city manager for investigation and report. 5.12.160 Investigation. The departments so designated shall make a thorough investigation as required for the protection of the public peace, health, safety and general welfare, and may require the submission of additional information by the applicant as is necessary to the investigation. 5.12.170 Recommendation. Thereafter, and within five business days from referral of the application, each department designated shall report its findings and conclusions and make recommendations concerning the application. 5.12.180 Consideration, decision by city manager — Time period, temporary permit. After receiving the reports as provided for in Section 5.12.170, the city manager may make such further investigations as he deems proper or advisable in the interest of the public peace, health, safety and general welfare, and within thirty days from the filing of the application shall either approve, conditionally approve or deny the application according to the requirements of the public peace, health, safety or general welfare. Should the city manager fail to act within said time, the application shall be deemed denied. At any time after the application is filed, however, and pending complete processing thereof, the city manager may issue a temporary permit upon stated terms and conditions, including a fixed expiration date or indefinite period subject to termination on notice, so long as the city manager tentatively determines that the temporary permit for the activity desired to be held will comport with and not prejudice nor work to the disadvantage or injury of the public peace, safety, morals, health or welfare. 5.12.190 Suspension of permit —Requirement of police officer. The city manager may at any time temporarily suspend any permit issued under this chapter, or may require the attendance of a special police officer during all or certain times dancing is conducted, carried on or allowed, as a condition to the continued exercise of the permit, when s/he finds and determines that the public peace, safety, morals, health or welfare require or will be promoted or best served by such suspension or special police officer attendance. `M Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 9 5.12.200 Service of notices and orders. The service of any notices or orders pursuant to this chapter shall be served in accordance with Section 1.01.300 of this code. 5.12.210 Right to be heard. The holder of any permit, suspended permit or revoked permit shall be afforded an opportunity to be heard and to present evidence on his/her behalf at an appeal hearing before the city manager held in accordance with sections 2.08.180 through 2.08.230 of this code. 5.12.220 Action by city manager upon hearing. Upon hearing held by the city manager , and adjournments and continuances thereof upon the notice, the city manager may revoke, suspend, further suspend or apply conditions to the further exercise of any permit issued under this chapter because of anything done or omitted by the permittee, his/her agents or employees or the patrons of his/her establishment upon the premises involved contrary to the provisions of any applicable state law, or of this chapter or any ordinance of the city, or of the rules prescribed by the city manager pursuant to sections 5.12.230 and 5.12.240, or when the public peace, safety, morals, health or welfare require or will be promoted or best served by any such action. 5.12.230 Power to make rules and regulations. The city manager may make rules and regulations governing dancing clubs, public dances, or public dance halls within this city which shall govern and apply to all permittees under this chapter. 5.12.270 Special police officers —Requested by applicant. Any person conducting, managing, or carrying on any dancing club, public dance or public dance hall shall have the right to apply to the city manager for appointment of a special police officer or officers of the city to be present and in attendance at the dancing club, public dance or public dance hall during all times that dancing is conducted, carried on or allowed therein, for the purpose of preserving order and preventing any violation of any law of the state, or any ordinance of the city, or any rule prescribed under Sections 5.12.230 and 5.12.240. 5.12.280 Special police and fire officers required by city. The city manager may require the presence and attendance of a special police officer or officers, or also a special fire officer or officers in accordance with the provisions of the Uniform Fire Code relating to standby firemen at places of public assembly, any of which requirements may be prescribed as a condition or conditions to the exercise of any permit, long term or temporary, as provided for in this chapter. In such event, the permit shall be effective only during the attendance of the police and/or fire officer or officers. 153 Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 10 5.12.290 Cost of policing. A. Fees. The expense of any such special officer or officers so appointed for such attendance shall be paid by the person so conducting, managing, or carrying on any dancing club, public dance, or public dance hall in accordance with such schedule of fees for such services as may be found to be reasonable and established by the chief of police or the fire chief, as the case may be. B. Payment shall be made to the County 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. . . -L L-f -LT =� -� -�- . 1 I 7 -1 r 1 - 1�11R Chapter 5.20 HANDBILLS 5.20.010 Purpose. To protect the people from the nuisance of, and incident to, the promiscuous distribution of handbills and circulars, particularly commercial handbills, as defined in this chapter, with the resulting detriment and danger to public health and safety, the public interest, convenience and necessity requires the regulation thereof, and to that end the purposes of this chapter are specifically declared to be as follows: A. To protect the people against the unlawful activities or operations of dissolute persons of criminal habits or tendencies, representing themselves as solicitors, canvassers, or handbill solicitors, canvassers, or handbill distributors, together with their employers, by regulating the business of handbill and advertising distribution; B. To protect local residents against trespassing by solicitors, canvassers, or handbill distributors, upon private property of such residents if they have given reasonable notice, as defined in Section 5.20.080 that they do not wish to be solicited by such persons, or do not desire to receive handbills or advertising matter; 154 Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 11 C. To protect the people against the health and safety menace and the expense incident to the littering of the streets and public places by the promiscuous and uncontrolled distribution of advertising matter and commercial handbills; D. To preserve to the people their constitutional right to receive and disseminate information not restricted under the ordinary rules of decency and good morals and public order, by distinguishing between the nuisance created by the promiscuous distribution of advertising and commercial circulars and the right to deliver noncommercial handbills to all who are willing to receive them, said right being limited solely by the needs of pedestrian and traffic safety. 5.20.020 Definitions. The following words, terms and phrases when used in this chapter have the meaning ascribed to them in this section except where the context clearly indicates a different meaning: A. "Commercial handbill" means and includes any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, sign, bill, poster, picture, lithograph, map, plat or any other printed or otherwise reproduced original or copies of any matter or literature: 1. Which advertises for sale any merchandise, product, commodity, thing or service; or 2. Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interests thereof by sales; or 3. Which directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit; but the terms of this subdivision shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to the meeting, theatrical performance, exhibition or event of any kind, when either of them is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided, that nothing contained in this subdivision shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition, or event of any kind, without a license where the license is or may be required by any law of this state, or under any ordinance of this city; or 4. Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor. B. "Handbill distributor" means and includes any person engaging or engaged in the business for hire or gain of distributing commercial or noncommercial handbills, other M Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 12 than newspapers distributed to subscribers thereof, and any person receiving compensation directly or indirectly for the distribution of such handbills. C. "Newspaper" means and includes any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office of the United States, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, means and includes any periodical or current magazine regularly published with not less than four issues per year, and sold to the public. D. "Noncommercial handbill" means and includes any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, sign, bill, poster, picture, lithograph, map, plat or any other printed or otherwise reproduced original or copies of any matter or literature not included in the definition of a sign, or a commercial handbill, or a newspaper. E. "Person" means and includes any person, firm, partnership, association, corporation, company, or organization of any kind. F. "Private premises" means and includes any dwelling, house, building, or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and includes any yard, grounds, walk, driveway, porch, steps, vestibule, building or other structure. G. "Public place" means and includes any and all streets, boulevards, avenues, lanes, alleys, walkways, bikeways or other public ways, and any and all public parking facilities, public parks, public golf courses, squares, spaces, plazas, grounds and buildings. 5.20.030 Posting notice, placard or bill prohibited in certain cases. No person shall post, stick, stamp, paint or otherwise fix, or cause the same to be done by any person, any notice, placard, bill, card, poster advertisement or other paper or device calculated to attract the attention of the public, to or upon any sidewalk, crosswalk, curb or curbstone, flagstone or any other portion or part of any public way or public place, or any lamppost, electric light, telegraph, telephone or trolley line pole, or railway structure, hydrant, tree or tree -box, or upon the piers, columns, trusses, girders, railings, gates or other parts of any public bridge or viaduct or other public structure or building, or upon any pole, box, or fixture of the fire alarm or police telegraph system, except such as may be authorized or required by the laws of the United States, or the state and the ordinances of the city. IW Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 13 5.20.040 Throwing, broadcasting or distributing handbills in public places prohibited. It is unlawful for any person to deposit, place, throw, scatter or cast any commercial or noncommercial handbill in or upon any public place within this city; and it is also unlawful for any person to hand out or distribute or sell any commercial handbill in any public place; provided however, that it is not unlawful for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill in any public place to any person willing to accept the noncommercial handbill as provided in this chapter. 5.20.050 Placing commercial handbills in or on vehicles prohibited. No person shall distribute, deposit, place, throw, scatter or cast any commercial handbill in or upon any automobile or other vehicle. 5.20.060 Distribution on uninhabited or vacant private premises prohibited. It is unlawful for any person to distribute, deposit, place, throw, scatter, or cast any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant. 5.20.070 Distribution prohibited where properly posted. It is unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill upon any inhabited private premises, if requested by anyone thereon not to do so, or if there is placed on the premises in a conspicuous position near the entrance thereof, a sign bearing the words "NO TRESPASSING," "NO PEDDLERS OR AGENTS," "NO ADVERTISEMENT" or similar notice indicating in any manner that the occupants of the premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon the premises. 5.20.080 Distribution on inhabited private premises —Not posted. In the case of inhabited private premises which are not posted as provided in this chapter, a person holding a valid city business license, unless requested by anyone upon the premises not to do so, may place or deposit any such handbill in or upon the inhabited private premises, if the handbill is so placed or deposited as to secure or prevent the handbill from being blown or drifted about the premises or elsewhere except that mailboxes may not be used. 5.20.090 Distributors' compliance; Advertising from own premises. It is unlawful for any person to engage in the business of handbill distributor for hire, or for any person to distribute commercial or noncommercial handbills, without first complying with the terms of this chapter and all other relevant laws and regulations; provided, that nothing contained in this chapter shall apply to any person advertising his/her business or activity upon his/her own premises, if the business or activity is 157 Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 14 regularly established at a definite location in the city, and also if a valid business license has been obtained therefor, if the business license is required under the terms of any applicable law or ordinance. 5.20.100 Business license required. A city business license shall be obtained by every person in accordance with chapter 3.28 of this code before any person may become a handbill distributor. 5.20.110 Exemption. The provisions of this chapter shall not be deemed to apply to the distribution of mail by the United States, nor to newspapers as defined in this chapter, except that no common carrier shall deliver newspapers in the city by leaving the same at any stopping place or in any street corner or elsewhere in the city unless such papers are bound, tied or fastened together in such a way or manner as will prevent the same from blowing and becoming scattered, nor may such papers remain at any stopping place anywhere in the city later than 9:00 a.m. daily. 5.20.120 Violation — Penalty. Any person violating any provision of this chapter is guilty of an infraction. Chapter 5.24 HOTEL REGISTRATION AND OCCUPANCY 5.24.005 Definitions. The following definitions are applicable to this chapter: A. "Adult" means any competent person over eighteen years of age. B. "Hotel" means lodginghouse, roominghouse, recreation vehicle park, hotel or motel or apartment house. C. "Minor child" means any person less than eighteen years of age. D. "Occupancy" or "occupation" includes but is not limited to any type of rental, lease, sublease or letting of hotel rooms for compensation or otherwise. E. "Parent" means the natural or adopted parent or relative eighteen years or more of age, or the legal guardian. F. "Room" means and includes any rental, hotel room, apartment, or any type of hotel accommodation. 5.24.010 Registration required. Every owner, keeper or proprietor of any lodginghouse, roominghouse, recreation vehicle park, hotel or motel shall keep a register wherein s/he shall require all 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 158 Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 15 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 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. IM, Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 16 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. ran er 5.28 10E VENDING MACHINE _ delete v-�-rvzr�vrrrT�-rrr��� Chapter 5.32 MASSAGE, THERAPY BUSINESSES 5.32.010 Definitions. A. "Applicant" means the individual seeking a permit pursuant to this chapter. B. "Certified copy" means a copy of a document that is certified by the issuer as being a true and accurate copy of the original document or a similar document bearing an original signature of the issuer. C. "Certified massage practitioner" means a person who is certified by the Massage Therapy Council, under California Business and Professions Code § 4604.2 and who administers massage. D. "Certified massage therapist" means a person who is certified by the Massage Therapy Council, under California Business and Professions Code § 4604 and who administers massage. E. "Certified statement" means a written assertion, claim or declaration bearing the original signature of the issuer. F. "Communicable disease" shall mean tuberculosis, or any disease which may be transmitted from a massage therapist to a patron through normal physical contact during the performance of any massage service. G. "Complete application" shall mean an application, which provides all of the requisite information required to be provided by an applicant pursuant to this chapter. H. "Disqualifying conduct" means any of the following when occurring within five years of any application made pursuant to this chapter: 1. Pandering as set forth in California Penal Code Section 266i; 2. Keeping or residing in a house of ill -fame as set forth in California Penal Code Section 315; 3. Keeping a house for the purpose of assignation or prostitution, or other disorderly house as set forth in California Penal Code Section 316; 4. Prevailing upon a person to visit a place of illegal gambling or prostitution as set forth in California Penal Code Section 318; IDi Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 17 5. Lewd conduct as set forth in California Penal Code Section 647, subdivision (a); 6. Prostitution activities as set forth in California Penal Code Section 647, subdivision (b); 7. Any offense committed in any other state which, if committed or attempted in this state, would have been punishable as one or more of the offenses set forth in California Penal Code Sections 266(i), 315, 316, 318, or 647, subdivisions (a) or (b); 8. Any felony offense involving the sale of any controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057, or 11058; 9. Any offense committed in any other state which, if committed or attempted in this state, would have been punishable as a felony offense involving the sale of any controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057, or 11058; 10. Any misdemeanor or felony offense which relates directly to the practice of massage therapy, whether as a massage therapy business owner or operator, or as a massage therapist; or 11. Any felony the commission of which occurred on the premises of a massage therapy establishment. I. "Filing date of application" means the date on which the permit administrator determines that a complete application pursuant to this chapter has been submitted to the permit administrator by the applicant. I "Full nudity" or "semi -nudity" means any of the following: (a) the appearance or display of an anus, mate 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, mate 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. Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 18 M. "Massage certificate" means a valid certificate issued by the Massage Therapy Council pursuant to California Business and Professions Code § 4600 et seq. N. "Massage therapy establishment" means any business that derives income or compensation from massage therapy services, whether or not massage is performed on the premises of a fixed business site. O. "Massage therapist" means an individual who, for any consideration whatsoever, performs or offers to perform a massage. P. "Massage Therapy Council" means the organization created pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code (Business and Professions Code § 4600 et seq.) to provide State certification of massage practitioners and massage therapists. Q. "Operator" means any of the following: (a) the owner, (b) the permit holder and applicant(s) therefor, (c) custodian, (d) manager, or (e) person in charge of any massage therapy establishment. R. "Off -premises massage" means a massage performed at a location that is not a massage therapy establishment for which a permit to operate as a massage therapy establishment has been granted by the city. S. "Patron" means any person who receives a massage in exchange for any form of consideration including, but not limited to, the payment of money. T. "Permit" means a written permit to operate a massage therapy establishment. A "reciprocal permit" means a permit issued by this jurisdiction based on the fact that the applicant holds a valid massage therapy establishment permit issued by another jurisdiction in the Coachella Valley. An "original permit" means a massage therapy establishment permit issued by the City without regard to whether the applicant holds a massage therapy establishment permit issued by another jurisdiction. U. "Permit administrator" means the city manager or his designee, who will be responsible for issuing and revoking permits and otherwise administering any provision of this chapter. V. "Permittee" means the person to whom a permit has been issued pursuant to this chapter. W. "Person" means any of the following: (a) an individual, (b) a proprietorship, (c) a partnership, (d) a corporation, (e) an association, (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 I" Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 19 part of or in connection with the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts, sex acts, normal or perverted, actual or simulated, including inter -course, oral copulation, masturbation, or sodomy. 5.32.020 Massage therapy establishment permits and massage certifications required. A. Massage Establishment Permit. No person shall operate, engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, the operation of a massage establishment unless: (1) all persons providing massage in connection with the establishment are certified massage practitioners and/or certified massage therapists; and (2) the massage establishment operator has obtained a massage establishment permit from the City pursuant to the provisions of this Chapter, as well as any other permits, licenses and other approvals required by law. B. Massage Therapist Certification. Only a person holding a current massage certificate issued by the Massage Therapy Council shall perform or offer to perform massage therapy in the city. Nothing herein shall exempt a person from zoning or other applicable requirements set out elsewhere in this code or in the zoning ordinance, and every person shall comply with all such requirements. C. Off -premises Endorsement. Except as expressly provided in this chapter, no person shall perform or offer to perform an off -premises massage unless he or she has a valid massage therapist off -premises endorsement, issued to him or her pursuant to the provisions of this chapter. Nothing herein shall exempt a person from zoning or other applicable requirements set out elsewhere in this code or in the zoning ordinance, and every person shall comply with all such requirements. D. The permit requirements of this chapter shall be in addition to the requirement of a business license set out elsewhere in this code, as well as any other license, permit or fee required by any local, county, state or federal law. 5.32.030 Consent. By applying for a permit under this chapter, the applicant shall be deemed to have consented to the provisions of this chapter and to the exercise thereunder by the permit administrator and the city's officials, representatives and employees charged with implementing and/or enforcing the provisions set forth in this chapter. 5.32.040 Permit administrator's responsibilities. The city shall designate a permit administrator who shall be responsible for granting or denying all permits described in this chapter and said permits shall only be granted or denied pursuant to the provisions described herein and all other applicable laws. If no designation is made pursuant to this provision, the city manager shall be deemed the permit administrator. Where used herein with respect to the permit administrator's responsibilities, words such as "shall" and "must" are not intended by the city to self -impose liability and are instead intended only to be directory. I Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 20 5.32.050 Reciprocal massage therapy establishment permit allocation. A. If an applicant holds a current massage therapy establishment permit issued by any other jurisdiction in the Coachella Valley, then application for a reciprocal massage therapy establishment permit may be made by submission, to the permit administrator, of all of the following: 1. A certified copy of a current massage therapy establishment permit issued by any other jurisdiction in the Coachella Valley; 2. A certified copy of the original and all renewal applications related to the massage therapy establishment permit issued by the other Coachella Valley jurisdiction(s); and 3. A non-refundable application fee as represented in the City's fee schedule to defray the costs of administering this chapter. B. If the massage therapy permit submitted in support of an application for a reciprocal permit includes an off -premises endorsement, the application shall be deemed an application for both a massage therapy establishment permit and an off - premises endorsement and no further documentation, information or fees shall be required in order to apply for an off -premises endorsement to the reciprocal permit. 5.32.060 Original massage therapist permit application. A. If an applicant does not hold a current massage therapy establishment permit issued by another jurisdiction in the Coachella Valley, application for issuance of a massage therapy establishment permit shall be made, under oath, on a form provided by the City. The following information, documents and other requirements shall be included with the submission of all such applications: 1. The applicant's legal name, any aliases and date of birth; 2. The applicant's home and business addresses, corresponding telephone numbers, and permanent address and telephone number, if different; 3. Written evidence that the applicant is at least eighteen (18) years of age; 4. The previous home addresses of the applicant for the ten (10) years prior to the filing date of the application, and the dates of residency at each such address; 5. The names, addresses and descriptions of all current and former businesses owned, operated or managed by applicant for the ten (10) years prior to the filing date of the application, and the dates applicant owned, operated or managed each such business; 6. Employment history for the ten (10) years prior to the date of application, and all massage or similar business history and experience; 7. Two front -face portrait photographs taken within thirty (30) days of the date of application, at least two inches by two inches in size; 8. Applicant's weight, height, color of hair and eyes, and sex; 9. The applicant's driver's license number or identification number; 10. The applicant's fingerprints taken within the previous sixty (60) days by an agency approved by the permit administrator; Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 21 11. The applicant's social security number and/or state or federally issued tax identification number; 12. A description of the proposed massage establishment, including the type of treatments to be administered; 13. A list of all of applicant's criminal convictions, excluding traffic violations; 14. Whether or not the applicant has ever been convicted of any disqualifying conduct, as defined in this chapter; 15. Whether or not the applicant is required to register as a sex offender pursuant to the California Penal Code Section 290; 16. Whether or not applicant has had a previous permit, license or other authority for massage services denied, suspended or revoked by any entity. If so, the date, location and reasons for the denial, suspension or revocation; 17. Whether or not the applicant has been a sole proprietor, general partner, officer, director, member or employee of any massage therapy business that has had a permit, license or authority to operate a massage business denied, suspended or revoked by any entity. If so, the applicant shall provide the name and location of the massage therapy establishment or business for which the permit was denied, suspended or revoked, the date of the denial, suspension or revocation, and the reason(s) for the denial, suspension or revocation; 18. A complete list of the names and current residence addresses of all proposed massage therapists, practitioners, technicians, aides, trainees and other employees who are or will be employed in the massage establishment, if known. If not known at the time of submission of the application, the applicant shall provide the required information no later than seven (7) calendar days prior to opening for business; 19. For each person that the massage establishment does or will employ, retain or permit to perform massage, whether on- premises or off -premises, a certified copy of that person's current massage certificate issued by the Massage Therapy Council, and a copy of that person's identification card issued by the Massage Therapy Council; 20. The name and current residence addresses of all proposed operators and managers who will be principally in charge of the operation of the massage therapy establishment. B. The applicant shall provide the permit administrator with the authorization to seek information and conduct the necessary background investigations to determine the truthfulness and correctness of the information provided by applicant and whether the applicant is qualified pursuant to this chapter to receive the requested massage therapy establishment permit. C. The applicant shall date and sign the application and declare under penalty of perjury that the information contained in the application is true and correct. D. The applicant shall pay a non-refundable application deposit fee as represented in the city's fee schedule at the time of filing an application to defray the costs of administering this chapter which fee shall be in addition to any other permit application fees. fiW Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 22 5.32.070 Supplemental application for off -premises endorsement. A. If an applicant does not hold a current permit with an off -premises endorsement issued by another Coachella Valley jurisdiction, application for an off - premises endorsement to a massage therapy establishment permit shall be made, under oath, on a form provided by the City. The following information, documents and other requirements shall be included with the submission of all such applications: 1. The applicant's legal name; 2. A copy of applicant's massage therapy establishment permit issued pursuant to this chapter, or reciprocal permit, if application therefor is not submitted concurrently; and 3. A complete list of the names and current residence addresses of all persons who are anticipated to provide off -premises massage, as well as a certified copy of each person's current massage certificate and identification card issued by the Massage Therapy Council. B. The applicant shall provide the permit administrator with the authorization to seek information and conduct the necessary background investigations to determine the truthfulness and correctness of the information provided by applicant and whether the applicant is qualified pursuant to this chapter to receive the requested off -premises endorsement. C. The applicant shall date and sign the application, declaring under penalty of perjury that the information contained in the application is true and correct. D. The applicant shall pay a non-refundable application deposit fee as represented in the city's fee schedule at the time of filing an application for an off -premises endorsement to defray the cost of administering this chapter, which fee shall be in addition to any other permit application fees. 5.32.080 Processing the application. A. All applications shall be submitted to the permit administrator. B. Upon receipt of an application and payment of a nonrefundable application deposit fee, the permit administrator shall immediately stamp the application as received on that date. Within thirty (30) days thereafter, the permit administrator shall notify the applicant if the application is deemed incomplete. Any subsequent submission shall be deemed a new application. C. Upon receipt of a completed application, the permit administrator shall cause an investigation to be made by the appropriate individuals or departments as determined by the permit administrator to be necessary for review and investigation of the accuracy of the information contained in the application and compliance with all applicable regulations. D. The building official or his designee shall inspect the premises proposed to be devoted to the massage therapy establishment and shall make a recommendation to the permit administrator concerning compliance with the provisions of this chapter. E. Each department or division to which the application is submitted by the permit administrator shall respond in writing to the permit administrator. f[Y Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 23 F. The permit administrator shall grant or deny an application for an original permit within sixty (60) business days of receipt of a complete application. The permit administrator shall grant or deny a reciprocal permit or a renewal application within thirty (30) calendar days of receipt of a complete application therefor. 5.32.090 Grounds for denial of application. A. An application for a massage therapy establishment permit shall be denied if the permit administrator finds that, in the case of an application for a reciprocal permit, the massage therapy establishment permit or off -premises endorsement that the applicant alleges to have been issued by another Coachella Valley jurisdiction is not valid and/or current. In all other cases, the application shall be denied if the permit administrator finds any of the following: 1. The applicant is not eighteen (18) years of age or older; 2. The application contains false information; 3. Any of the massage certificates submitted with the application are determined to be invalid; 4. The applicant has been convicted of disqualifying conduct; 5. The applicant is required by the California Penal Code to register as a sex offender; 6. The applicant has had a massage therapist permit, or a permit or license to operate a massage therapy establishment, denied, revoked or suspended by any entity within five (5) years prior to the date of the application; or 7. The application is incomplete or any required information or document has not been provided with the application. B. If the permit administrator denies the application, he or she shall notify the applicant of the denial in writing and state the reason(s) for the denial. C. Any subsequent information submitted to cure the grounds for denial of an application shall be treated as a new application. 5.32.100 Issuance of permit. A. The permit administrator shall issue the permit if there are no grounds to deny the permit as set forth in this chapter. B. A massage therapy establishment permittee shall not perform, offer to perform, or allow the performance of massage therapy services at any site other than a lawfully operating fixed -location massage therapy establishment unless the permittee's massage therapy establishment permit includes an off -premises endorsement. C. Every massage therapy establishment shall display the massage therapy establishment permit issued to it pursuant to this chapter in a conspicuous place so that it may be readily seen by persons entering the premises. D. All areas of the massage therapy establishment shall be subject to reasonable inspections during its hours of operation to ensure compliance with this Code, state laws regulating the practice of massage, and all other applicable laws and regulations. Iff- A Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 24 5.32.110 Temporary permits. A. Upon a finding of good cause therefor, the permit administrator may issue a temporary permit to any person who possess a valid permit issued by any other governmental entity pursuant to requirements that are similar to those set out in this chapter. B. Application for a temporary permit shall be made by written request that includes a statement, under penalty of perjury, of the justification for a temporary permit. Said request shall be submitted to the permit administrator, together with the following: 1. A certified copy of a valid permit issued by any other jurisdiction, and a copy of the application for such permit; 2. A certified copy of the provisions of the ordinance or other local law pursuant to which the permit was issued by said other jurisdiction; 3. If the person intends to personally provide massage services, a certified copy of the person's valid massage certificate issued by the Massage Therapy Council; 4. Proof of identification; and 5. A non-refundable application deposit fee as represented in the City's fee scheudle to defray the cost of administering this chapter which fee shall be in addition to any other permit application fees. . C. All temporary permits shall automatically expire thirty (30) days after the date of issuance of the subject temporary permit. The permit administrator shall have the discretion to extend the term of any temporary permit an additional thirty (30) days provided that the entire term of the subject temporary permit does not exceed a total period of ninety (90) days. D. The permit administrator may condition the issuance of a temporary permit on any additional requirements that he or she deems necessary to assure the purpose and policy of this chapter is met. 5.32.120 Keeping application and ordinance current. A. During the effective duration of the permit, the permittee shall promptly update, correct or supplement the information contained in the application therefor on file with the permit administrator when necessary to keep the information contained therein current and accurate. Circumstances giving rise to the need for such supplemental information include, but are not limited to, changes in the types of services to be provided, and changes in the persons employed or retained by the massage therapy establishment to perform massage or the status of such person's massage certificate. Corrections and supplemental information shall be provided within seven (7) calendar days of the permittee becoming aware of the information. B. Where reference is made herein to any statute or other law, said reference shall include any subsequent amendment or superseding provision thereto. II.T. Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 25 5.32.130 Renewal of permit. A. All permits shall expire one year from the date they are issued, except that an off -premises endorsement shall expire concurrently with the corresponding massage therapy establishment permit. B. Applications for renewal of a permit shall be made thirty (30) calendar days prior to the expiration date of the permit. Application for renewal shall be in the same manner as the original application. However, to the extent that the information previously submitted to the permit administrator remains current, a statement to that effect shall be sufficient and no further information or documentation shall be required except as follows: 1. Renewal of a Reciprocal Permit. a. Where the applicant seeks to renew a reciprocal permit, application for renewal shall include evidence that the underlying massage therapy establishment permit remains valid and current. b. For renewal of a reciprocal permit, permittee shall pay a nonrefundable renewal application deposit fee as represented in the city's fee schedule to help defray the expense administering this chapter which fee shall be in addition to any other permit application fees. C. A reciprocal permit shall not be renewed if the underlying massage therapy establishment permit has expired and has not been renewed, or if the underlying permit has been revoked, or is otherwise no longer valid. If renewal of a reciprocal permit is denied because the underlying permit is no longer valid, permittee shall submit a complete, original application and comply with all submission requirements set out in this chapter for application for an original massage therapist permit. All such applications shall also include an explanation of the reason that the reciprocal permit is no longer valid. 2. Renewal of Original Permits. a. For renewal of an all massage therapy establishment permits other than reciprocal permits, permittee shall pay a non-refundable renewal application deposit fee as represented in the city's fee schedule at the time of filing the renewal application to help defray the expense of administering this chapter which fee shall be in addition to any other permit application fees. 5.32.140 Therapists dress and identification. A. During all times that he or she is performing or offering to perform massage therapy services, every massage therapist shall wear a badge that identifies his or her first and/or last name. Upon receipt of a request or complaint by a patron, the massage therapist shall advise the patron of the full name of the massage therapy establishment through which the massage therapy services were arranged, and the identity of the permit administrator through whom the establishment was issued a massage therapy establishment permit. Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 26 B. All massage therapists shall have in their possession a valid massage certificate and identification card issued by the Massage Therapy Council at all times that he or she is performing or offering to perform massage therapy services within the city. C. All massage therapists shall wear non -transparent outer garments covering all specified anatomical areas while on the premises of a massage therapy establishment, as well as while performing or offering to perform any massage therapy services, whether on -premise or off -premise. 5.32.150 Other prohibited activities. A. It is unlawful for any massage therapist, any patron, or any other person present where massage therapy services are being offered or performed, to expose or touch any specified anatomical areas, whether his or her own, or those of another person. B. It is unlawful for any massage therapist, any patron, or any other person present where massage therapy services are being offered or performed, to be in a state of full nudity or semi -nudity, as defined by this chapter. C. It is unlawful for any massage therapist, any patron, or any other person present where massage therapy services are being offered or performed, to engage in any specified sexual activities. D. No person shall provide or offer to provide any massage therapy services to a minor unless written permission is provided by the minor's parent or legal guardian. E. No person shall provide or offer to provide massage therapy services other than under the name of a massage therapy establishment possessing a valid massage therapy establishment permit. F. No person shall provide or offer to provide massage therapy services under any name not specified the massage certificate issued to him or her by the Massage Therapy Council. G. No permittee or person shall provide or offer any alcoholic beverage to a patron during the course of providing or offering to provide any massage therapy service. H. No permittee shall transfer or assign any permit issued pursuant to this chapter to another person or entity. Any attempted transfer shall result in the automatic termination of said permit. 5.32.160 Permits issued pursuant to superceded ordinance. A. If the operator of a massage establishment held a permit validly issued by the city prior to the effective date of this ordinance, and was in compliance with all requirements of the city with respect thereto, said permit holder shall have until the expiration date of said existing permit, or one year from the effective date of this chapter, whichever date is earlier, to obtain a permit issued pursuant to the provisions of this chapter. B. If a massage therapist held a permit validly issued by the city prior to the effective date of this ordinance, and was in compliance with all requirements of the city with respect thereto, said permit holder shall have until the expiration date of said existing permit, or one year from the effective date of this chapter, whichever date is twit Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 27 earlier, to obtain a permit issued pursuant to the provisions of this chapter, if applicable, and a massage certificate issued by the Massage Therapy Council. 5.32.170 Suspension and revocation of permit. A massage therapist permit and any off -premises endorsement issued pursuant to this chapter, or any predecessor to this chapter, shall be revoked by the permit administrator if he or she receives notice that, after administrative proceedings conducted in conformity with the city's Municipal Code, the city has made any of the following findings or determinations with respect to the permittee: A. The massage therapy establishment or provision of massage services is conducted in a manner that does not comply with all applicable laws, including but not limited to this chapter and the city's building, zoning and health regulations. B. The holder of the permit is convicted of any disqualifying conduct or is required to register as a sex offender as set forth in California Penal Code Section 290; C. The permittee fails to timely notify the permit administrator of any update to the information contained in the permit application that is required to keep the information current; D. Information contained in the approved application is inaccurate; E. Any patron of the permittee contracts any communicable disease during the course of any services offered by the permittee; F. The holder of the permit, or any applicant therefor, refuses to allow representatives of the city or permit administrator to inspect business records of the permittee, or any premises utilized by the permittee for massage therapy services; G. The permittee fails to comply with any of the provisions of this chapter; or H. The holder of the permit has ceased to meet any of the requirements for issuance of the permit. 5.32.180 Appeals. Any person aggrieved by a decision of the permit administrator may file an appeal to the city council in accordance with Sections 2.04.100 through 2.04.130 of this code. The decision of the city council concerning the appeal shall be final. 5.32.190 Other remedies. A. Any violation of the provisions of this chapter is unlawful and a public nuisance, subject to abatement, removal or enjoinment thereof in the manner provided by law. B. Any violation of the provisions of this chapter shall constitute a misdemeanor and the violator shall be subject to the imposition of criminal penalties in accordance with this Code and any applicable state laws. C. In lieu of issuing a criminal citation, the city may issue an administrative citation and assess an administrative fine consistent with the provisions of this Code. D. Each and every day a violation of this chapter exists constitutes a separate and distinct offense and shall be subject to citation. `VA Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 28 E. The remedies provided herein are not to be construed as exclusive remedies and, in the event of a violation, the city may pursue any proceedings or remedies otherwise permitted by law. 5.32.200 Exemptions. The provisions of this chapter shall not apply to any of the following types of individuals while engaged in the performance of the duties of their respective professions: A. Any physician, surgeon, chiropractor, osteopath, or acupuncturist duly licensed to practice their respective professions in the State of California, or any nurse or physical therapist working under the supervision thereof, when engaging in any massage therapy practice or activity within the scope of said license. Practical nurses or other persons without qualifications as massage therapists or other persons not duly licensed by the State of California to practice pursuant to the Medical Practice Act, whether or not employed by a physician, surgeon, chiropractor, osteopath, or acupuncturist, may not perform or offer to perform massage therapy without first satisfying the applicable requirements of this chapter. B. Any treatment administered in good faith in any course of the practice of any healing art or profession by any person licensed to practice any such art or profession under the Business and Professions Code of the State of California or any other laws of the State of California. C. Barbers, beauticians, manicurists, and pedicurists who are duly licensed under the laws of the State of California, except that this exemption shall apply solely to the massaging of the scalp, face, neck, arms, hands, or feet of the customer or client for cosmetic or beautifying purposes. D. Licensed employees of hospitals, nursing homes, sanatoriums, or other health care facilities that are duly licensed by the State of California. 5.32.210 Transfer of permit. No massage therapy establishment permit or off -premises endorsement shall be transferable and any attempted transfer shall render the permit and endorsement null and void. A change of location of a massage therapy establishment will require a new massage therapy establishment permit. 5.32.220 Massage therapy establishment regulations. To ensure the health and safety of all persons, every person operating or maintaining a massage therapy establishment, and/or providing massage services, in the City shall comply with each of the following requirements at all times: A. A separate wash basin shall be provided for each portion of a massage therapy establishment wherein massage services are performed for the individual use of each person performing massage services. The basin shall be provided with soap and hot and cold running water at all times and shall be located within, or as close as practicable, to the area devoted to the performing of massage services. In addition, `VA Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 29 there shall be provided at each wash basin, sanitary towels placed in permanently installed dispensers. B. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use. C. Clean and sanitary towels and linens shall be provided for each patron of the establishment or each patron receiving massage services. No common use of towels or linens shall be permitted. D. Massage therapy establishments shall be operated in compliance with all applicable laws and regulations, including without limitation, the California Massage Therapy Act (Business and Professions Code section 4600 et seq.). E. It shall be the responsibility of the holder of the massage therapy establishment permit and the massage establishment operator to ensure that each person employed or retained by the massage establishment as a massage therapist has first obtained a valid massage certificate from the Massage Therapy Council and acts in compliance with the provisions of this Chapter at all times. 5.32.230 Reserved. 5.32.240 Revocation and suspension of permits issued under prior Chapter 5.32. The following provisions shall apply to massage therapists permits issued prior to October 19, 2001 and to massage establishment permits issued prior to HNSERT EFFECTIVE DATE OF THIS ORDINANCEI (references to "this chapter" in this section mean this chapter as it existed prior to such dates): A. A permit issued under authority of this chapter may be suspended for violation of any of its provisions or for fraud or misrepresentation in the permit application, but no permit shall be revoked until after a hearing has been held before the city manager or his designee, to determine just cause for the revocation; provided however the chief of police may order any permits suspended pending the hearing, and it is unlawful for any person to carry on the business of a massage technician or to operate a massage therapy establishment depending upon the particular type of permit which has been suspended until the suspended permit has be reinstated by the city manager. Notice of the hearing shall be given in writing and served at least five days prior to the date of the hearing thereon. The notice shall state the ground of the complaint against the holder of the permit, or against the business carried on by the permittee at the massage establishment, and shall state the time and place where the hearing will be had following the five day notice period. B. The notice shall be served upon the permit holder in accordance with Section 1.01.300 of this code. 173 Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 30 5.32.250 Violation and penalty for permits issued under prior Chapter 5.32. The following provisions shall apply to massage therapist permits issued prior to October 19, 2001 and to massage establishment permits issued prior to HNSERT EFFECTIVE DATE OF THIS ORDINANCEI (references to "this chapter" in this section mean this chapter as it existed prior to such dates): A. Every person, except those persons which are specifically exempted by this chapter, whether acting as an individual, owner, operator or employee of the operator, or whether acting as a mere helper for the owner, employee or operator, or whether acting as a participant or worker in anyway, who gives massages or conducts a massage therapy establishment or room, or who gives or administers or who practices the giving or administering of steam baths, electric light baths, electric tub baths, shower baths, sponge baths vapor baths, fomentation, sun baths, mineral baths alcohol rubs, Russian, Swedish, or Turkish baths, or any other type of baths, salt flows or any type of therapy or who does or practices any of the other things or acts mentioned in this chapter without first obtaining a permit to do so from the city or violates any provision of this chapter shall be guilty of a misdemeanor. B. Any owner, operator, manager, or permittee in charge or in control of a massage therapy establishment who knowingly employs a person performing as a massage technician as defined in this chapter who is not in possession of a valid permit or who allows such an employee to perform, operate or practice within such a place of business is guilty of a misdemeanor. C. Any massage therapy establishment operated, conducted, or maintained contrary to the provisions of this chapter shall be and is declared to be unlawful and a public nuisance and the city attorney may, in addition to or in lieu of prosecuting a criminal action under this chapter, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law; and may take such other steps and may apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove the massage establishments and restrain and enjoin any person from operating, conducting or maintaining a massage therapy establishment contrary to the provisions of this chapter. Chapter 5.38 PARKING ATTENDANTS 5.38.010 Definitions. For purposes of this chapter, certain words and phrases shall be construed as set forth in this section, unless it is apparent from the context that a different meaning is intended. A. "Operator" means any person, firm or corporation engaging in the activity of parking of vehicles for patrons or guests of a business whether the operator is employed by or is under contract to, the business for which the vehicles are being parked. 174 Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 31 B. "Public right-of-way" means any area dedicated to public use for public street, pedestrian way or other public purposes, or which includes but is not limited to roadways, parkways, alleys, sidewalks and pedestrian ways. 5.38.020 Permit required. No person shall, as an "operator" as that term is defined in Section 5.38.010, conduct any activity involving the movement of a vehicle by the operator on or over any public right-of-way or publicly owned property, unless there has first been obtained from the city manager a permit, as provided in this chapter, which permit is in full force and effect. 5.38.030 Operations on public rights -of -way or property. No operator, unless possessing a permit expressly allowing them to be done, shall commit or do any of the following acts: A. Receive, take possession of (for purposes of parking or temporary storage until return of same to the patron or guest) or move a patrons or guests vehicle, upon any portion of a public right-of-way or other public property; B. Park and leave standing any patrons or guests vehicle upon any portion of a public right-of-way or other public property (including any publicly owned off-street parking space). 5.38.040 Unauthorized parking on private property. No operator shall park any patrons or guests vehicle upon private property without express authorization by the owner or other person in charge of the private property. 5.38.050 Application for permit. An application for a permit pursuant to this chapter shall be filed with the city manager or his designee. There shall be submitted such information as the city manager deems necessary in order to evaluate and act upon the permit application. Each application shall include, in general, at least the following basic information in writing: an outline of the method of operating the vehicle -parking service including, but not limited to, the hours of operation, the number of employees, the location(s) from which vehicles will be picked up, and to which they will be delivered to the patrons or guests, the location(s) where vehicles will be stored or placed, and the location(s) of any proposed signs and any proposed attendant stands. 5.38.060 Fees. Each applicant for a permit under this chapter, and each person filing any appeal pursuant to provisions of this chapter, shall pay at the time of filing the application or appeal a processing fee or fees in an amount or amounts as may have been established by resolution of the city council. Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 32 5.38.070 Permits —Issuance —Denial. Permits as applied for shall be issued by the city manager or his designee, provided it appears that all requirements of this chapter and of other applicable ordinances and laws have been, and will appropriately be, met fully by the applicant, and that the permit can be issued subject to prescribed conditions adequate to assure that there will be no undue interference with normal traffic flow on public rights -of -way, and otherwise to protect the public safety and other persons' property rights and their rights to coequal use and enjoyment of public property. Any permit application may be denied if the city manager concludes it cannot be issued subject to such safeguards. 5.38.080 Permits —Issuance with conditions. The issuance of any permit pursuant to this chapter shall, if appropriate, have conditions attached thereto adequate to meet the public purposes referred to in Section 5.38.070, and the city manager or his designee shall have discretionary authority to prescribe any such necessary or appropriate conditions, including primary insurance coverage with city -approved coverage amounts and with the city named as additionally insured. 5.38.090 Revocation or modification of permits. A. Any permit granted pursuant to the provisions of this chapter maybe revoked or modified by the city manager for any of the following grounds or reasons: 1. Any acts done under the permit have interfered or tended to interfere with the normal flow of vehicular or pedestrian traffic on any public right-of-way; 2. The permittee or permittee's employees have failed to comply with the provisions of the city's sign ordinance, or with conditions attached to the permit relating to sign control; 3. There was given any false or fictitious information in connection with the application for the obtaining of the permit; 4. There has been a violation of or a failure to comply with any condition attached to the permit or any provision or regulation of this chapter or of any other applicable rules or regulations; 5. The character or moral integrity of the permittee or permittee's employees is determined inimical to the public safety or general welfare of the community; 6. Any other reason exists for which the permit might have been lawfully denied in the first instance, or that for any reason the continued operations under the permit will be inimical to the public safety or general welfare of the community. B. Such a revocation or modification of a permit shall be made only after opportunity has been granted to the permittee for a due process hearing before the city manager or his designated agent pursuant to section 2.08.180 through 2.08.230 of this code. C. Upon the failure of the permittee to respond to the opportunity for hearing after issuance of the notice of the hearing, the permit may be revoked, or may be modified in such particulars as are deemed necessary in the public interest, and any such IVi Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 33 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 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 177 Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 34 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. LOAN BROKERS - delete Chapter 5.48 PEDDLERS —SOLICITORS 178 Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 35 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; Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 36 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 IR Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 37 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. .. 2 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: `&I Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 38 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—WitnessingM. 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. RXI Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 39 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. 183 Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 40 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. 184 Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 41 5.60.150 Form of application for renewal. The verified application for renewal shall set forth a complete list of goods listed in the original application and remaining unsold, and shall not contain any goods, wares or merchandise not named in the original application. 5.60.160 Investigation —Renewal. Upon receipt of the application for renewal, the city manager shall cause an investigation to be made within five business days from the date of filing with the city manager the application for renewal, and if satisfied of the truth of the statements therein contained, the city manager shall grant the renewal, which shall be endorsed and signed as provided for the original permit. 5.60.170 Second renewal. The city manager may renew any original permit in the manner provided in this chapter, not to exceed two times, upon payment of a fee for each such renewal, in such amount as has been prescribed by resolution of the city council, to defray the expense of investigation and processing. 5.60.180 Limit upon duration of sales. The city manager shall not issue permits or renewals which will allow the conduct of any sale or sales of any kind or kinds named in Section 5.60.010 at any one location for more than one hundred twenty calendar days in any one twelve-month period. 5.60.190 Power to revoke —Grounds. The city manager shall have the power to revoke at any time any permit granted in accordance with this chapter whenever any such sale or special sale is being conducted in violation of any of the provisions of this chapter or in such manner as to deceive or defraud the public, or if: A. Further Grounds —Misstatement in Application. The holder of any such permit has made any material misstatement in the application for the permit; B. Fraud in Conduct of Sale. S/He has been guilty of any fraudulent practice, or practices, in the conduct of the sale authorized by the permit; C. Omissions in Inventory. S/He has failed to include in the inventory required by the provisions of this chapter the goods, wares or merchandise required to be contained in the inventory; D. Addition of Goods. S/He has added, caused to be added, or permitted to be added any goods, wares or merchandise not described in the original inventory; or E. Improper Advertising. S/He has violated any of the provisions of this chapter or of the laws pertaining to advertising. I& Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 42 5.60.200 Complaint prerequisite to revocation. No permit shall be revoked for any cause enumerated in Section 5.60.190 until a written complaint has first been filed with the city manager, setting forth in ordinary and concise language the charge made against the permittee. 5.60.210 Verification —Form of complaint. The complaint shall be verified by the oath of the person making the charge, the verification to be made in the form prescribed by the Code of Civil Procedure of the state for verified pleadings in civil actions. 5.60.220 Service of complaint —Notice of hearing. Service of the complaint and notice of hearing shall be in the manner provided in Section 1.01.300 of this code. 5.60.230 Scope of permit —Unlawful changes. Any permit issued pursuant to the provisions of this chapter shall be valid only for the advertising, representation and sale of the particular goods, wares or merchandise described in the original application therefor, and at the particular time, and particular place stated therein, and by the particular applicant; and any renewal, replenishment or substitution of such goods, wares or merchandise, or change of the time or place for the sale, or change of person conducting the sale, is unlawful and shall render the permit void. 5.60.240 Ordering goods for sale. No person in contemplation of conducting any such sale or special sale, or during the continuance of such a sale, shall order any goods, wares or merchandise for the purpose of selling them at the sale. 5.60.250 Presumption from purchase near time of sale. Any unusual purchase, or additions to the stock of such goods, wares or merchandise, within sixty days before the filing of the application for a permit to conduct such a sale shall be presumptive evidence that the purchase or additions were made in contemplation of the sale for the purpose of selling them at the sale. 5.60.260 Separate offenses. Each sale of goods, wares or merchandise as were not inventoried and described in the original application shall constitute a separate offense under this chapter. 5.60.270 Rules governing sales and advertising. The city manager may provide such rules and regulations for the conduct and advertisement of the sale or special sale as, in his/her opinion, will serve to prevent deception and to protect the public. IW Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 43 5.60.280 Loss of identity. Any removal of any goods, wares or merchandise inventoried and described in the original application form from the place of sale mentioned in the application shall cause the goods to lose their identity as the stock of any of the sales defined in this chapter; and no permit thereafter will be issued for the conducting of a sale of any such goods, wares or merchandise in such manner as to identify them with the store, store name, store owner or location referred to in the original application. 5.60.290 Posting of permit. Upon, coincident and throughout the duration of any sale, as defined in this chapter, the permit issued by the city manager shall be prominently displayed near the entrance to the premises. 5.60.300 Copies of application and stock list. A duplicate original of the application and stock list pursuant to which the permit was issued shall at all times be available to the city manager, or to his/her inspector and investigators, to examine all merchandise in the premises for comparison with the stock list. 5.60.310 Records of permittee. Suitable books and records shall be kept by the permittee and shall at all times be available to the inspector and investigators. 5.60.320 Daily revision of stock list. At the close of business each day the permittee's copy of the stock list attached to the application shall be revised and those items disposed of during the day shall be so marked thereon. 5.60.330 Exemptions. The provisions of this chapter shall not apply to or affect the following persons: A. Judicial Sales. Persons acting pursuant to an order or process of a court of competent jurisdiction; B. Official Sales. Persons acting in accordance with their powers and duties as public officers such as sheriffs and marshals; C. Auctions. Duly licensed auctioneers, selling at auction; D. Publisher of Advertising. Any publisher of a newspaper, magazine or other publication, who publishes any such advertisement in good faith, without knowledge of its false, deceptive or misleading character, or without knowledge that the provisions of this chapter have not been complied with; 187 Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 44 E. Season, Clearance Sales. End of season sales and clearance sales not included within Section 5.60.010 E. 5.60.340 Appeals. Any person aggrieved by any decision of the city manager with respect to denial or issuance of any permit, conditions attached thereto, or any other administrative action taken pursuant to the terms of this chapter, may appeal to the city council pursuant to Section 2.04.100 through 2.04.130 of this code. Chapter 5.72 MISCELLANEOUS BUSINESSES REGULATED 5.72.010 Compliance with state law regarding locksmith businesses. Every person, defined as every individual, firm, partnership, association, limited liability company, corporation, and any other type of entity recognized by law, shall be subject to and comply with Articles 1 through 9 (commencing with Section 6980) of Chapter 8.5 of Division 3 of the Business and Professions Code of the State of California, as amended from time to time. 5.72.020 Compliance with state law regarding private patrols. Every person, defined as every individual, firm, partnership, association, limited liability company, corporation, and any other type of entity recognized by law, shall be subject to and comply with Articles 1 through 8 (commencing with Section 7580) of Chapter 11.5 of Division 3 of the Business and Professions Code of the State of California, as amended from time to time. 5.72.030 Compliance with state law regarding drug paraphernalia. Every person, defined as every individual, firm, partnership, association, limited liability company, corporation, and any other type of entity recognized by law, shall be subject to and comply with Article 4 (commencing with Section 11364) of Chapter 6 of Division 10 of the Health and Safety Code of the State of California, as amended from time to time. 5.72.040 Compliance with state code regarding secondhand dealers, pawnbrokers, and loan brokers. Every person, defined as every individual, firm, partnership, association, limited liability company, corporation, and any other type of entity recognized by law, shall be subject to and comply with Articles 1 through 7 (commencing with Section 21500) of Chapter 9 of Division 8 of the Business and Professions Code of the State of California as amended from time to time. 5.72.050 Violation of Municipal code. In addition to noncompliance or violation of state law, any failure to comply or violation of the state law identified in Sections 5.72.010, 5.72.020, 5.72.030, 5.72.040 188 Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 45 shall be a violation of this code and, in addition to any other rights and remedies available to the city, shall be a public nuisance subject to remedial action in accordance with applicable law. Chapter 5.80 SEXUALLY ORIENTED BUSINESSES 5.80.010 Purpose. The purpose of this chapter is to regulate sexually oriented businesses which, because of their very nature, are believed to have many of the recognized significant secondary effects on the community which include, but are not limited to: depreciated property values and increased vacancies in residential and commercial areas in the vicinity of the sexually oriented businesses; higher crime rates, noise, debris or vandalism in the vicinity of sexually oriented businesses; and blighting conditions such as low-level maintenance of commercial premises and parking lots which thereby have a deleterious effect upon adjacent areas. Reasonable and uniform regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the neighborhoods in the vicinity of the sexually oriented businesses. It is neither the intent, nor effect of this chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent, nor effect of this chapter to restrict or deny access by adults to sexually oriented materials or merchandise protected by the First Amendment, or to deny access by the distributors of sexually oriented business to their intended market. Nothing in this chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any city ordinance or any statute of the state of California regarding public nuisances, unlawful exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof 5.80.020 Definitions. As used in this chapter: "Employee" means a person over eighteen years of age who renders any service, or performs in connection with the operation of a sexually oriented business, either on site or off site, irrespective of whether said person is paid a salary, wage, or other compensation by the operator of the business or patrons. "Escort" means a person who, for any form of consideration, agrees or offers to act as a companion, guide or date for another person, for sexual purpose, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. 1E:1; Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 46 "Escort agency" means a person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration. "Establishment" means and includes any of the following: 1. The opening or commencement of any such business as a new business; 2. The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this chapter; 3. The addition of any of the sexually oriented businesses defined in this chapter to any other existing sexually oriented business or to an existing non -sexually oriented business; 4. The relocation of any such sexually oriented business; or 5. The substantial enlargement of any such sexually oriented business by an increase of the floor area occupied by the business of more than fifteen percent. "Live art class" means any premises on which all of the following occur: there is conducted a program of instruction involving the drawing, photographing or sculpting of live models exposing specified anatomical parts; instruction is offered in a series of at least two classes; the instruction is offered indoors; an instructor is present in the classroom while any participants are present; and preregistration is required at least twenty-four hours in advance of participation in the class. "Operator" means and includes the owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises. "Permittee" means the person to whom a permit has been issued pursuant to this chapter. "Sexually oriented arcade" means any business establishment or concern, where, for any form of consideration including, but is not limited to cash in the form of paper bills, coins or slugs, which are operated manually or electronically controlled still, motion picture or video machines, projectors, or other image -producing devices are maintained to display images to an individual in individual viewing areas when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts. "Sexually oriented bookstore," "sexually oriented novelty store" and "sexually oriented video store" mean any establishment, which as a regular and substantial course of conduct, displays and/or distributes sexually oriented merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, slides, films, or other written, oral or visual representations which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts. (See "sexually oriented business" for definition of regular and substantial portion of its business.) The term "sexually oriented IRi Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 47 bookstore" shall be deemed to be inclusive of the terms "sexually oriented novelty store" and "sexually oriented video store." Sexually Oriented Business. 1. "Sexually oriented business" means any business establishment or concern which as a regular and substantial course of conduct performs as a sexually oriented bookstore, sexually oriented theater, sexually oriented arcade, sexually oriented cabaret, escort, escort agency, stripper, sexually oriented model studio or sexually oriented hotel/motel; any business establishment or concern which as a regular and substantial course of conduct sells or distributes sexually oriented merchandise or sexually oriented material; or any other business establishment or concern which as a regular and substantial course of conducts offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts. "Sexually oriented business" does not include those uses or activities, the regulation of which is preempted by state law. "Sexually oriented business" shall also include any business establishment or concern which, as a regular and substantial course of conduct provides or allows sexually oriented entertainers, models, actors, actresses or employees to appear in any place in attire which does not opaquely cover specified anatomical parts. For the purposes of this section, a business establishment or concern has established the provision of products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts as a regular and substantial course of conduct when one or more of the following conditions exist: a. The area devoted to sexually oriented merchandise and/or sexually oriented material exceeds more than thirty-three percent of the total display or floor space area open to the public; b. The business establishment or concern obtains a significant or substantial portion of its revenues from the sale, rental or lease of entertainment, material or merchandise characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts or advertises the availability of the same; c. The regular and substantial course of conduct of the business consists of or involves the sale, trade, display, advertisement or presentation of services, products or entertainment which are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts; d. An establishment may have other significant and substantial business purposes that do not involve the offering for sale, rental or viewing of materials, depicting or describing specified sexual activities or specified anatomical areas, and still be categorized as a sexually oriented business. Such other business purposes will not serve to exempt such establishments from being categorized as a sexually oriented bookstore, so long as one of its significant or substantial business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe specified anatomical areas or specified sexual activities. `Rs Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 48 2. The definition of "sexually oriented business" shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy. "Sexually oriented cabaret" means a nightclub, bar, lounge, restaurant or similar establishment or concern which features as a regular and substantial course of conduct, any type of live entertainment, films, motion pictures, videos, slides, other photographic reproductions, or other oral, written or visual representations which are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts. "Sexually oriented entertainer" means a person who for any form of consideration or gratuity performs or appears in performances which are characterized by the emphasis on specified anatomical areas or specified sexual activities. "Sexually oriented hotel/motel" means a motel, hotel or similar commercial establishment which (1) offers public accommodations, for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities or specified anatomical areas" and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off -premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television, social media or other electronic means; or (2) offers a sleeping room for rent for a period of time less than ten hours; or (3) allows a tenant or occupant to sub -rent or let others use the sleeping room for a time period of less than ten hours. "Sexually oriented material" means any element of sexually oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video, or other written, oral or visual representation which, for purposes of sexual arousal, provides depictions which are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical pa rts. "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 IRy Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 49 characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts where such model(s) is being observed or viewed by any person for the purpose of being sketched, painted, drawn, sculptured, photographed, filmed or videotaped for a fee, or any other thing of value, as a consideration, compensation, or gratuity for the right or opportunity to so observe the model or remain on the premises. Sexually oriented model studio shall not include any live art class or any studio or classroom which is operated by any public agency, or any private educational institution authorized to issue and confer a diploma or degree under Section 94300 et seq. of the Education Code. "Sexually oriented theater" means a business establishment or concern which regularly features live entertainment, motion pictures, videos, slide photographs, or other pictures or visual reproductions which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts. "Specified anatomical parts" means: 1. Less than completely and opaquely covered human genitals, pubic region, buttocks, or female breast below a point immediately above the top of the areola; or 2. Human mate 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; IFIQ Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 50 or 8. Striptease; the removal of clothing to the point where specified anatomical parts are not opaquely covered or are minimally covered with devices commonly referred to as pasties and G strings, or equivalent clothing. "Transfer" of a sexually oriented business means and includes any of the following: 1. The sale, lease or sublease of the business; 2. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or 3. The establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control. 5.80.025 Permit required. Prior to the establishment or transfer of a sexually oriented business, the owner of the business shall obtain both a sexually oriented business permit and a business license from the city. It is unlawful for any person, association, partnership or corporation to engage in, conduct, carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises within the city, the business of a sexually oriented business, or be engaged as a sexually oriented entertainer, as defined in this chapter, without possessing a permit issued pursuant to the provisions of this chapter for each and every separate office or place of business conducted by the above. The permit fee required by this chapter shall be in addition to any other license, permit or fee required under any of the provisions of this code. Neither the filing of an application for the permit, nor payment of any other license, permit or fee required under any other provision of this code, shall authorize the engaging in, conducting or carrying on of a sexually oriented business, or as a sexually oriented entertainer. 5.80.030 Application requirements. The property owner, or authorized agent of the property owner, is eligible to request a sexually oriented business permit. The application fee for any sexually oriented business permit shall be eight hundred thirty-five dollars and is nonrefundable and shall be used to defray the cost of investigation, processing and hearing as set forth herein. The application fee for a sexually oriented entertainer permit shall be one hundred dollars. The fees set forth herein shall be in effect until the city council shall by resolution fix some other rate based upon a cost factor. All permits shall expire one year from the date of issuance. Applications for renewal of a permit shall be made thirty days prior to the expiration date. The renewal application fee for a sexually oriented business permit shall be one hundred dollars. The renewal application fee for a sexually oriented entertainer shall be twenty-five dollars. Said renewal application fees are nonrefundable and shall be used to defray IRE Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 51 the cost of investigation and processing the renewal applications. The fees set forth herein shall be in effect until the city council shall by resolution fix some other rate based upon a cost factor. The following information is required at the time a sexually oriented business permit is submitted to the planning department: A. A completed sexually oriented business permit application specifying the single type of sexually oriented business permitted and signed by the property owner or authorized representative; B. The nonrefundable deposit or fee as set forth by ordinance or resolution of the city council. C. Any person, association, partnership or corporation desiring to obtain a business license tax certificate and a permit for a sexually oriented business shall make an application, under oath, to the city manager upon a form provided by the city manager. If the applicant is a corporation, the requirement to provide the application information applies to each of the officers, directors and/or stockholders owning not less than ten present of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners. The application shall contain the following: 1. The name, including any aliases, current permanent residential address, e-mail address, and telephone number of the applicant; 2. The business name, proposed business address of the sexually oriented business, website address and its telephone number; a. If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation and it shall provide a copy of its articles of incorporation. The applicant shall show the name and residence address of each of the officers, directors and each stockholder owning ten percent, or greater, of the stock of the corporation and the address of the corporation itself, if different than the address of the sexually oriented business. The application shall show that the corporation is in good standing under the laws of California, b. If the applicant is a partnership, the application shall provide a copy of the partnership agreement and show the name and residence address of each of the partners including limited partners and the address of the partnership itself, if different than the address of the sexually oriented business; 3. The name and permanent address of the owner of the property upon which the applicant intends to locate the sexually oriented business. If the property owner is a corporation, the name shall be exactly as set forth in its articles of incorporation and the applicant shall show the name and residence address of each of the officers, directors and stockholders owning ten percent or greater of the stock of the corporation. If the property owner is a partnership, the application shall show the name and residence address of each of its partners, including limited partners; IDS Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 52 4. In the event the applicant is not the owner of record of the real property upon which the sexually oriented business is or will be located, the application must be accompanied by a notarized statement from the owner of record of the real property acknowledging that a sexually oriented business is or will be located on the property. In addition, the applicant must furnish a copy of the lease or rental agreement pertaining to the premises in which the sexually oriented business will be located; 5. The days, hours and location where the sexually oriented business is proposed to be conducted, and the admission fee, if any, to be charged; 6. The name(s) of person(s) having the management or supervision of the applicant's business; 7. Whether or not the applicant has been convicted of a specified criminal act within the last three years, the nature of such offense, the date of conviction, place convicted and the sentence received therefor; 8. Whether or not the applicant has ever had any similar license or permit issued by an agency revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reasons therefor, and the business activity or occupation subsequent to such action of suspension or revocation. 9. Driver's license or other acceptable identification and social security number of the applicant.; 10. Acceptable written proof that the applicant is at least eighteen years of age. 11. The height, weight, color of eyes, color of hair and date of birth of the applicant. 12. The business, occupation or employment history of the applicant for the last five-year period immediately preceding the date of the filing of the application. 13. Each residence and business address of the applicant for the five- year period immediately preceding the date of the filing of the application. 14.One front -faced portrait photograph of the applicant at least two inches by two inches in size shall be taken by the city police.; 15. A detailed description of the proposed entertainment, including type of entertainment, number of persons engaged in the entertainment and any further information about the entertainment or entertainers, as the city manager may deem necessary; 16. The name and address of any other sexually oriented business owned or operated by any person whose name is required to be given in subsection C of this section; 17. A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant. 18. Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit; 19. Such other identification and information necessary to discover the truth of the matters required to be set forth in the application; 20. Applicant must furnish for any person whose name is required to be given in subsection (C)(6) of this section the information requested by subsections (C)(1), (9)— (14), (16), (18) and (19) of this section; IFZ Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 53 21. A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches; 22. A current certificate and straight-line drawing prepared within thirty days prior to application by a California registered land surveyor depicting the property lines and the structures containing any established existing uses regulated by this chapter within one thousand five hundred feet of the property to be certified; the property lines of any established religious institution/synagogue, school, public park, recreation area, public building, family -oriented restaurant, business involving an on -premises sale of liquor or alcoholic beverages, or area zoned R-1, R-2, PR, PC, PI or C-1 within one thousand five hundred feet of the property. For the purpose of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted. D. The holder of the permit for a sexually oriented business shall notify the city's code compliance department of each change in any of the data required to be furnished by this section within ten days after such change occurs 5.80.050 Investigation and application. A. Upon receipt of an application properly filed with the city and upon payment of the nonrefundable application fee, the city or its designee shall immediately stamp the application as received subject to the provisions of Section 5.80.030. The person receiving the application shall immediately thereafter send photocopies of the application to the Riverside County sheriff's department and any other city agencies responsible for enforcement of health, fire, and building codes and laws. Each department or agency shall promptly conduct an investigation of the applicant, application and the proposed sexually oriented business in accordance with its responsibilities under law and as set forth in this chapter. The investigation shall be completed within twenty days of receipt of the application by the city or its designee. At the conclusion of its investigation, each department or agency shall indicate on the photocopy of the application its approval or disapproval of the application, date it, sign it, and, in the event it disapproves, state the reasons therefor. The sheriffs department shall only be required to check local and state summary criminal history information, including NCIC, and certify whether disqualifying criminal history has been discovered. The 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 Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 54 criminal arrest not resulting in conviction, or to a criminal arrest for which pretrial or post -trial diversion has been ordered. B. A department or agency shall disapprove an application if it finds that the proposed sexually oriented business will be in violation of any provision of any statute, code, ordinance, regulation or other law in effect in the city. After its indication of approval or disapproval, each department or agency shall immediately return the photocopy of the application to the city or its designee. 5.80.060 Findings —Requirements. The city shall issue a sexually oriented business permit within the later of forty days of receipt of a completed application or ten days from receipt of the complete investigation report in Section 5.80.050 if it finds that: A. The sexually oriented business shall be located in the city's SOB overlay zone zoning districts.* * The distance of separation required by subsections B through F of this section shall be made by using a straight line, without regard to intervening structures or objects, from the nearest external structural wall of the proposed sexually oriented business to the nearest property line of the lot upon which is located a residential use, religious institution, park, recreation area, public building, family -oriented restaurant or school. The measurement taken when the proposed use is located on the same lot as an already existing sexually oriented business, shall be the distance between the two shall be measured in a straight line between the nearest external structural walls of each use without regard to intervening structures or objects. No request for subdivision, reparcelization or lot line adjustment shall be approved where the primary purpose is to avoid the intent of these distance requirements. B. The sexually oriented business shall not be located within seven hundred fifty feet of any residential zone. C. The sexually oriented business shall not be located within one thousand five hundred feet of a school. "School" means institutions for teaching or caring for minor children, e.g., child care facilities, preschool, day schools, elementary schools, secondary schools, high schools; and institutions of higher learning receiving approved graduates of preparatory school, and offering instructions in art, letters and science, leading to the bachelor's degree or master's degree (e.g., colleges and universities). D. The sexually oriented business shall not be located within one thousand five hundred feet of any lot upon which there is property 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. IRI: Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 55 E. The sexually oriented business shall not be located within seven hundred fifty feet of any other sexually oriented business including sexually oriented businesses located on the same parcel. In no event may more than one sexually oriented business be located in the same structure. F. The sexually oriented business shall not be located within seven hundred fifty feet of any business involving on -premises sale of liquor or alcoholic beverages, nor shall it be located within seven hundred fifty feet of a family -oriented restaurant. (A "family - oriented restaurant" means any restaurant which provides specific inducement to encourage attendance by children such as: play equipment, promotional toy items, child's menu separate from regular menu.) G. The sexually oriented business shall not be located within any structure for which a part is within one hundred feet of the ultimate right-of-way of a major, primary or secondary thoroughfare as defined in the general plan of the city. For the purpose of this chapter, a property fronts on such a road if the property and any portion of the right-of-way for the road have a contiguous boundary. H. The parking requirements for sexually oriented businesses shall be as follows: 1. Bookstores and retail establishments: One parking space per three hundred square feet of gross floor area; 2. Theaters: One parking space per three seats, if seats are fixed, or one parking space per twenty-four square feet of gross floor area; 3. Cabarets: One parking space per three seats, if seats are fixed, or one parking space per thirty-five square feet of gross floor area; 4. Motion picture arcade: One parking space per individual viewing area plus one parking space per employee; 5. Motel/hotel: One parking space per guest room for first fifty rooms; three- quarters parking space per guest room thereafter. I. The sexually oriented business shall not be located completely or partially within any mobile structure or pushcart. J. The sexually oriented business shall not stage any special events, promotions, festivals, concerts or similar events which would increase the demand for parking beyond the approved number of spaces for the particular use. K. The sexually oriented business shall provide a security system that visually records and monitors all parking lot areas. All indoor areas of the sexually oriented business which are accessible to the public shall be open to public view at all times with the exception of restroom facilities. "Accessible to the public' shall include but not be limited to those areas which are only accessible to members of the public who pay a fee and/or join a private club or organization. IDR Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 56 L. The sexually oriented business complies with the city's sign regulations. M. The sexually oriented business complies with the development and design requirements of the zone in which it is to be located. N. The sexually oriented business shall not display any sexually oriented material or sexually oriented merchandise which would be visible from any location other than from within the sexually oriented business. O. The sexually oriented business shall not allow admittance to any person under the age of eighteen if no liquor is served, or under the age of twenty-one if liquor is served. P. With the exclusion of sexually oriented hotels, the sexually oriented business shall not operate between the hours of one a.m. and nine a.m. Q. The applicant shall not have been convicted of a crime relating to a specified criminal act for which: 1. Less than two years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for "specified criminal acts"; 2. Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense for "specified criminal acts"; 3. Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two or more misdemeanors for "specified criminal acts" occurring within any twenty -four - month period; 4. The fact that a conviction is being appealed shall have no effect on disqualification of the applicant; 5. An applicant who has been convicted of the above may qualify for a sexually oriented business permit only when the time period required above in this section has elapsed. R. The sexually oriented business shall provide separate restroom facilities for mate 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. Wit Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 57 S. The interior of the sexually oriented business which has individual viewing areas, shall be configured such that there is unobstructed view using the naked eye, unaided by any other devices, of every public area of the premises, including but not limited to the interior of all individual viewing areas, from a permanent security station physically demarked in the establishment which is no larger than thirty-two square feet of floor area with no single dimension being greater than eight feet in a public portion of the establishment. No public area, including but not limited to the interior of any individual viewing area, shall be obscured by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing into the interior of the individual viewing area from the manager's station. A security guard shall be stationed in the security station at all times the business is in operation or open to the public in order to enforce all rules and regulations. No individual viewing area shall be designed or operated to permit occupancy of more than one person at a time. "Individual viewing area" means any area designed for occupancy of one person for the purpose of viewing live performances, pictures, movies, videos or other presentations. T. All areas of the sexually oriented business shall be illuminated at a minimum of the following footcandles, minimally maintained and evenly distributed at ground level: Bookstores 20 footcandles Retail establishments 20 footcandles Theater 5 footcandles (except during performances, at which time the lighting shall be at least 1.25 footcandles) Cabaret 5 footcandles Motion picture arcade 10 footcandles in public areas Individual viewing booths 1.25 footcandles Motion picture theater 10 footcandles (except during performances at which time the lighting shall be at least 1.25 footcandles) Motel/hotel 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. Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 58 V. The individual viewing areas of the sexually oriented business shall be operated and maintained with no holes, openings or other means of direct visual or physical access between the interior space of two or more individual viewing areas. W. A traffic study has been prepared for the sexually oriented business in conformance with industry standards. The applicant shall demonstrate that the project will not result in a reduction in any roadway level of service below that level of service designated on the general plan for that roadway. X. The sexually oriented business shall comply with the noise element of the general plan, interior and exterior noise standards and any mitigation measures necessary to reduce the project's noise impacts to the city's articulated noise standards. Y. The sexually oriented business shall comply with all building and construction standards of the Uniform Building Code, Chapter 24 hereof, Title 24 of the California Code of Regulations, and all other federal, state and city -adopted standards for the specific use. Z. Whenever live entertainment is provided, patrons shall be physically separated from sexually oriented entertainers by a floor to ceiling or, if appropriate, stage floor to ceiling, permanent, solid barrier and a buffer zone of at least three feet. "Live entertainment," for the purposes of this requirement, means any existent display by a human being which is characterized by an emphasis on specified anatomical parts or specified sexual activities. The three-foot buffer zone provision shall not apply to an individual viewing area where the stage is completely separated from the individual viewing area by a floor to ceiling permanent, solid barrier. AA. No building, premises, structure, or other facility shall be permitted to contain more than one type of sexually oriented business as such types of sexually oriented business are defined in Section 5.80.020. For the purposes of this section, the catchall phrase "sexually oriented business" shall not be considered a single type of sexually oriented business. BB. No individual viewing area may be occupied by more than one person at any one time. CC. No patron shall come into direct or indirect physical contact with any sexually oriented entertainer. DD. All building openings, entries, windows, etc., shall be located, covered or screened in such a manner as to prevent a view into the interior from outside the building. EE. Lighting in Parking Lots. Lighting shall be required which conforms to the dark sky ordinance and is designed to illuminate all off-street parking areas serving such use `11 Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 59 for the purpose of increasing the personal safety of store patrons and reducing the incidence of vandalism and theft. FF. Amplified Sound. No loudspeakers or sound equipment shall be used by a sexually oriented business for the amplification of sound to a level discernible by the public beyond the wall of the building in which such use is conducted. GG. The building entrance to the adult use shall be clearly and legibly posted by a notice indicating that minors are precluded from entering the premises. As used in this subsection, "minor" means an individual less than eighteen years of age. HH. Commercial businesses licensed or operating within the city shall not display or exhibit any material in a manner which exposes to public view photographs or illustrations of specified sexual activities or one or more naked adults in poses which emphasize or direct the viewer's attention to the subject's genitals. As used in this subsection, "exposes to public view" means exposes to the view of the person outside the building in which the commercial business is located. II. The permit required by this chapter shall be displayed in a prominent area. The city shall deny the requested permit in writing if the above findings have not been made and shall state reasons for the denial. 5.80.070 Permit duration. A sexually oriented business permit shall be valid for a period of one year from the date of issuance. 5.80.080 Permit renewal. A sexually oriented business permit shall be renewed on a year-to-year basis provided that the permittee and the sexually oriented business continues to meet the requirements set forth in this chapter. A request for permit renewal must be filed thirty days in advance of the permit expiration and shall be accompanied by a completed sexually oriented business permit application as required in Section 5.80.050. If said application conforms to the previously approved application and the sexually oriented business has not changed, the permit shall be renewed by the city for another year. Any change or alteration in that nature or operation of the sexually oriented business will require the renewal to be reviewed by the city. 5.80.090 Permits nontransferable, use -specific. No sexually oriented business permit may be sold, transferred or assigned by any permittee or by operation of law, to any other person, group, partnership, corporation or any other entity unless the proposed transferee has first submitted a complete application pursuant to Section 5.80.030 as well as a transfer fee equal to one-half of the basic application permit. Any such sale, transfer or assignment or attempted sale, Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 60 transfer or assignment shall be deemed to constitute a voluntary surrender of the permit and the permit shall be thereafter null and void. Any sexually oriented business permit held by a corporation or partnership is subject to the same rules of transferability as contained above. Any change in the nature or composition of the sexually oriented business from one element of a sexually oriented business to another element of a sexually oriented business shall also render the permit null and void. Any sexually oriented business permit shall only be valid for the exact location specified on the permit. 5.80.100 Enforcement, suspension and revocation. A. Inspections. The permittee shall permit officers of the city, the county, and each of their authorized representatives to conduct unscheduled inspections of the premises of the sexually oriented business for the purpose of ensuring compliance with the law at any time the sexually oriented business is open for business or occupied. B. Suspension of Permit. 1. The city shall suspend a permit if it determines that a permittee, or an employee of a permittee, has: a. Violated or is not in compliance with any section of this chapter; or b. Engaged in excessive use of alcoholic beverages while on the sexually oriented business premises; or c. Refused to allow an inspection of sexually oriented business premises as authorized by this chapter; or d. Knowingly permitted gambling by any person on the sexually oriented business premises; or e. Operated the sexually oriented business in violation of a building, fire, health or zoning statute, code, ordinance or regulation, whether federal, state or local, said determination being based on investigation by the division, department or agency charged with enforcing said rules or laws. In the event of such statute, code, ordinance or regulation violation, the city or its designee shall promptly notify the permittee of the violation and shall allow the permittee a seven-day period in which to correct the violation. If the permittee fails to correct the violation before the expiration of the seven-day period, the city or its designee, shall forthwith suspend the permit and shall notify the permittee of the suspension; or f. Engaged in permit transfer contrary to Section 5.80.090. In the event that the city suspends a permit on the grounds that a permittee engaged in a permit transfer contrary to Section 5.80.090, the city shall forthwith notify the permittee of the suspension. The suspension shall remain in effect until the applicable section of this chapter has been satisfied; or g. Operated the sexually oriented business in violation of any of the findings required in Section 5.80.060; or h. Been convicted of an act for which initial denial of a license would have been required pursuant to Section 5.80.060(Q). KIM! Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 61 2. The suspension shall remain in effect until the violation of the statute, code, ordinance or regulation in question has been corrected. C. Revocation Grounds. The city may revoke a sexually oriented business permit when it discovers that any of the following have occurred: 1. Any of the findings contained in Section 5.80.060 ceases to be satisfied and a permit suspension has occurred during the twelve months prior to the violation triggering revocation; 2. The application contains incorrect, false or misleading information that tended to enhance the applicant's opportunity for obtaining a permit; 3. The applicant is convicted of any felony or misdemeanor which is classified as a sex or sex related offense, any violation of the city's zoning ordinance, any violation of the city's massage ordinance, or any violation of any other sexually oriented business ordinance of any other city, county or state; 4. Individual viewing areas are being operated with more than one occupant at any one time, or are being maintained with holes, openings or other means of direct visual access between the interior space of two or more individual viewing areas. For the purpose of this section, "individual viewing area" means a viewing area designed for single occupancy; 5. Any person has been convicted of a sex -related offense as a result of his or her activity on the premises of the sexually oriented business; or 6. Any person or persons has engaged in any specified sexual activities on the premises. D. Revocation Notice. Upon determining that the grounds for permit revocation exist, the city shall furnish written notice of the proposed revocation to the permittee in accordance with Section 1.01.300 of this code. Such notice shall summarize the principal reasons for the proposed revocation, shall state that the permittee may appeal the decision pursuant to Sections 2.08.180 through 2.08.220 of this code. The city manager's decision shall be the city's final decision and shall not be appealable to the city council. E. Reapplication after Revocation. No person, corporation, partnership or member thereof or any other entity may obtain a sexually oriented business permit for a business once its permit has been revoked. 5.80.110 Violation —Penalty. A. Every person, whether acting as an individual owner, employee of the owner, permittee, or operator or employee of the permittee, or whether acting as a mere helper for the owner, permittee, employer or operator, or whether acting as a participant or worker in any way, who operates or conducts or who participates in the operation of any unpermitted sexually oriented business, or who violates any provisions of this chapter shall be guilty of a misdemeanor and shall be fined pursuant `11 Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 62 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 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 Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 63 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. `�1fM Ordinance No. 526 Amendments to Title 5 Adopted: July 21, 2015 Page 64 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. 526 which was introduced at a regular meeting on the 7t" day of July, 2015, and was adopted at a regular meeting held on the 215t day of July, 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 July 23, 2015 pursuant to Council Resolution. SUSAN MAYSELS, City Clerk City of La Quinta, California DEPARTMENTAL REPORT: 3 August 4 CITY COUNCIL MEETING August 5 ARCHITECTURE AND LANDSCAPING REVIEW BOARD August 10 COMMUNITY SERVICES COMMISSION - CANCELLED August 11 PLANNING COMMISSION August 12 INVESTMENT ADVISORY BOARD -CANCELLED August 18 CITY COUNCIL MEETING - CANCELLED August 20 HISTORIC PRESERVATION COMMISSION August 25 PLANNING COMMISSION Date SEPTEMBER September 1 CITY COUNCIL MEETING - CANCELLED September 2 ARCHITECTURE AND LANDSCAPING REVIEW BOARD September 7 LABOR DAY — CITY HALL CLOSED September 8 PLANNING COMMISSION September 9 INVESTMENT ADVISORY BOARD September 14 COMMUNITY SERVICES COMMISSION September 15 CITY COUNCIL MEETING September 17 HISTORIC PRESERVATION COMMISSION September 22 PLANNING COMMISSION October 6 CITY COUNCIL MEETING October 7 ARCHITECTURE AND LANDSCAPING REVIEW BOARD October 12 COMMUNITY SERVICES COMMISSION October 13 PLANNING COMMISSION October 14 INVESTMENT ADVISORY BOARD October 14 HOUSING COMMISSION October 15 HISTORIC PRESERVATION COMMISSION October 20 CITY COUNCIL MEETING October 27 PLANNING COMMISSION `O 26 3 5 31 No Meeting CVAG EXECUTIVE COMMITTEE No Meeting CVAG COACHELLA VALLEY CONSERVATION COMMISSION No Meeting CVAG ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE No Meeting GREATER PALM SPRINGS CONVENTION & VISITORS BUREAU (CVB) No Meeting COACHELLA VALLEY WATER DISTRICT POLICY COMMITTEE No Meeting COACHELLA VALLEY MOUNTAINS CONSERVANCY No Meeting JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY 11:00 a.m. SUNLINE TRANSIT AGENCY 6:00 p.m. IID ENERGY CONSUMERS' ADVISORY COMMITTEE 2:00 p.m. OVERSIGHT BOARD No Meeting CVAG PUBLIC SAFETY COMMITTEE No Meeting CVAG VALLEY -WIDE HOMELESSNESS COMMITTEE Cancelled OVERSIGHT BOARD No Meeting DESERT SANDS SCHOOL DISTRICT COMMITTEE (Osborne & Franklin) TBD EAST VALLEY COALITRION No Meeting ANIMAL CAMPUS COMMISSION 9:30 a.m. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) 9:00 a.m. CVAG TRANSPORTATION COMMITTEE `lal 10 11:00 a.m. CVAG COACHELLA VALLEY CONSERVATION COMMISSION 10 12:00 a.m. CVAG ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE 18 9:00 a.m. GREATER PALM SPRINGS CONVENTION & VISITORS BUREAU (CVB) 28 4:30 p.m. CVAG EXECUTIVE COMMITTEE No Meeting COACHELLA VALLEY WATER DISTRICT POLICY COMMITTEE Day Time KRISTY FRANKLIN, COUNCILMEMBER 14 3:00 p.m. COACHELLA VALLEY MOUNTAINS CONSERVANCY No Meeting JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY 23 11:00 a.m. SUNLINE TRANSIT AGENCY Day Time LEE OSBORNE COUNCILMEMBER 2 Cancelled OVERSIGHT BOARD 8 9:00 a.m. CHAMBER OF COMMERCE INFORMATION EXCHANGE 14 6:00 p.m. IID ENERGY CONSUMERS' ADVISORY COMMITTEE 14 9:00 a.m. CVAG PUBLIC SAFETY COMMITTEE 16 2:00 p.m. OVERSIGHT BOARD 16 10:00 a.m. CVAG VALLEY -WIDE HOMELESSNESS COMMITTEE No Meeting DESERT SANDS SCHOOL DISTRICT COMMITTEE (Osborne & Franklin) TBD EAST VALLEY COALITION 10 9:30 a.m. ANIMAL CAMPUS COMMISSION No Meeting CVAG TRANSPORTATION COMMITTEE (August 31) 9 9:30 a.m. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) `E No Meeting CVAG COACHELLA VALLEY CONSERVATION COMMISSION No Meeting CVAG ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE No Meeting CVAG EXECUTIVE COMMITTEE (next meeting - December 7) No Meeting GREATER PALM SPRINGS CONVENTION & VISITORS BUREAU No Meeting COACHELLA VALLEY WATER DISTRICT POLICY COMMITTEE No Meeting COACHELLA VALLEY MOUNTAINS CONSERVANCY 14 3:00 p.m. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY 28 11:00 a.m. SUNLINE TRANSIT AGENCY Day Time LEE OSBORNE,COUNCILMEMBER 5 6:00 p.m. IID ENERGY CONSUMERS' ADVISORY COMMITTEE 7 2 :00 p.m. OVERSIGHT BOARD No Meeting CHAMBER OF COMMERCE INFORMATION EXCHANGE No Meeting CVAG PUBLIC SAFETY COMMITTEE No Meeting CVAG VALLEY -WIDE HOMELESSNESS COMMITTEE 21 2:00 p.m OVERSIGHT BOARD No Meeting DESERT SANDS SCHOOL DISTRICT COMMITTEE (Osborne & Franklin) No Meeting ANIMAL CAMPUS COMMISSION No Meeting CVAG TRANSPORTATION COMMITTEE 14 9:30 a.m. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) `IA 1 III W a ............ �G QL I YtG The Honorable Mayor and Members of the City Council Edie Hylton, Deputy City Manager July 21, 2015 COMMUNITY SERVICES REPORT - JUNE 2015 Upcoming events of the Community Services Department for August 2015 are as follows: Daily Activities Social Bridge Mah Jongg Advance Ukulele Events Boys & Girls "Back to School" Luncheon Fitness Morning Workout Mat Pilates Chair Exercise Sunset Yoga Leisure La Quinta Glee 7-14 years Ballroom Dance Beginning & Intermediate Dance, Play and Pretend, La Quinta High School and Boys & Girls Club Beginning Ballet, La Quinta High School Sports/Aquatics Rojas Taekwondo Tiny Tigers Rojas Martial Arts, La Quinta High School Summer Golf Tour, Westin Mission Hills, Pete Dye Course Summer Golf Tour, Classic Club Summer Golf Tour, Desert Willow, Fire Cliff Course Summer Golf Tour, Indian Wells Golf Resort, Celebrity Course Summer Golf Tour, TPC Stadium Course at PGA West Summer Golf End -of -Tour Banquet, PGA West Clubhouse *Denotes classes/events held at other locations P19K! Community Services Department Attendance Report for June 2015 Summary Sheet Program 2015 2014 Variance 2015 2014 Leisure Classes 168 95 73 53 36 Special Events 0 0 0 0 0 Sports 474 435 39 23 21 Wellness Center 228 179 49 74 36 Wellness Center (Free Services) 358 207 151 80 18 Total 1,228 916 312 230 111 Wellness Center Fitness Fitness Center 3,864 0 3,864 78 0 Total 3,864 0 3,864 78 0 Sports User Groups La Quinta Park AYSO 150 100 50 11 6 Desert Boot Camp 50 50 0 6 9 Sports Complex La Quinta Youth & Sports 150 200 -50 22 22 Colonel Mitchell Paige Friday Night Lights 250 200 50 4 5 Desert United Soccer Club 180 0 180 11 0 Facility/Park Rentals Wellness Center (Private Part) 200 0 200 1 0 Library (Sunday Church) 300 375 -75 4 5 Classroom 500 450 50 10 9 Community Room 500 0 500 10 0 Museum Meeting Room 900 100 800 15 2 Boys & Girls Club Gym (Sunday Church) 400 0 400 4 0 Civic Center Campus (Private Part) 0 0 0 0 0 Park Rentals La Quinta Park 150 150 0 3 3 Fritz Burns Park 0 50 -50 0 1 Total 3,730 1,675 2,055 101 62 Total Programs 8,822 2,5911 6,231 409 173 Volunteer Hours Wellness Center 831 245 -163 Total Volunteer Hours 1 831 245 -163 PAC! Community Services Department Program Report for June 2015 2015 2014 2015 2014 Participants Participants Variance Meetings Meetings Leisure Classes Guitar - Beginning & 2nd Level 7 0 7 4 0 La Quinta Glee 33 0 33 4 0 Ballroom Dancing 16 0 16 4 0 Sunset Yoga 23 0 23 5 0 Taekwondo 4 - 8 (Be innin ) 12 22 -10 9 9 Taekwondo 4 - 8 (Intermediate) 40 24 16 9 9 Taekwondo 9 yrs - up 22 27 -5 9 9 Rojas Martial Arts 4 - up 151 22 -71 9 9 Totals 1 1681 95 1 731 53 36 2015 2014 2015 2014 Participants Participants Variance Meetings Meetings Special Events NONE 0 0 0 0 0 Totals 0 0 0 0 0 2015 2014 2015 2014 Participants Participants Variance Meetings Meetings Sports Open Gym Basketball 179 173 6 9 8 Open Gym Volleyball 104 123 -19 9 9 Disc Golf @ Lights at Indio G.C. 45 0 45 1 0 Golf Tour, Golf Club at L.Q. 38 42 -4 1 1 Golf Tour, Escena Golf Club 38 28 10 1 1 Golf Tour, Indian Canyons 31 34 -3 1 1 Golf Tour, Heritage Palms 39 35 4 1 1 Totals 1 4741 4351 391 231 21 Community Services Totals 1 6421 5301 1121 761 57 Wellness Center Program Report for June 2015 Participation Participation Variance Meetings Meetings Fitness Center 2015 2014 2015 2014 Fitness Member Visits 3605 0 3605 26 0 Daily Fitness Drop -ins @ $5 81 0 81 26 0 Memberships Sold 178 0 178 26 0 Fitness Center Total 3864 0 3864 78 0 Participation Participation Variance Meetings Meetings 2015 2014 2015 2014 Volunteers Wellness Center 12 26 -14 n/a n/a Hours 82.5 245 -162.5 n/a n/a Participation Participation Variance Meetings Meetings 2015 2014 2015 2014 Wellness Activities/Social Services (Free) Wellness Activities 358 207 151 80 18 Wellness Activities/Services Total 358 207 151 80 18 Participation Participation Variance Meetings Meetings 2015 2014 2015 2014 Wellness Classes/ Programs Fitness Interval Training & Chair Exercise 15 0 15 17 0 Mat Pilates 14 8 6 13 13 Morning Workout 17 16 1 13 13 Tai Chi (Beginning & Intermediate) 12 0 12 8 0 Leisure Chair Massage 4 0 4 2 0 Tiny Tigers 6 0 6 9 0 June Luncheon 40 70 -30 1 1 Open Game Play Bridge: Social 67 46 21 5 5 Mah Jongg 46 39 7 4 4 Mexican Train Dominos 7 0 7 2 0 Wellness Classes/Programs Total 228 179 49 74 36 WELLNESS CENTER TOTAL 4450 386 4064 232 54 Community Services Department Monthly Revenue Report for June 2015 Monthlv Revenue - Facility Rentals 2015 2014 Variance Library $ 1,050.00 $ 1,312.50 $ (262.50) Museum $ 625.00 $ 100.00 $ 525.00 Wellness Center $ 875.00 $ - $ 875.00 Parks $ 220.00 $ 245.00 $ (25.00) Sports Fields $ 2,935.00 $ 790.00 $ 2,145.00 Monthly Facility Revenue $ 5,705.00 $ 2,447.50 $ 3,257.50 Monthlv Revenue Wellness Center $ 2,547.00 $ 2,025.00 $ 522.00 Fitness Memberships & Daily Passes $ 9,655.00 $ - $ 9,655.00 Community Services $ 26,978.00 $ 16,806.50 $ 10,171.50 Total Revenue $ 39,180.00 $ 18,831.50 $ 20,348.50 Revenue Year to Date Facility Revenue $ 48,581.00 $ 38,208.50 $ 10,372.50 Wellness Center $ 31,710.00 $ 38,027.50 $ (6,317.50) Fitness Memberships & Daily Passes $ 71,945.00 $ - $ 71,945.00 Community Services $ 93,790.00 $ 84,776.50 $ 9,013.50 Total Revenue to Date $ 246,026.00 $ 161,012.50 $ 85,013.50 `ArA Community Services Updates June 2015 Staff is assessing the latest water bills and impacts from the states' mandatory restrictions. Starting June 1, the parks landscape contractor began implementing an optimized watering schedule to reduce watering by 36 percent during summer months. The turf will suffer in appearance during the summer heat, but trees and shrubs will be kept healthy. The La Quinta Park interactive water feature may also be affected. In anticipation of water restrictions, staff programmed the play feature to only operate from noon to 7:00 p.m. daily. According to the latest water bill, the operation times may need to be reduced further. The Fritz Burns Pool is open for the 2015 season. The pool will remain open from June 15 through August 28. The "Fritz Burns Pool Summer 2015 Catalog" provides additional information about this season's hours, activities, and events. Water aerobics began in May and will continue as long as there is interest through October. A fire was started in the outside women's restroom at the Fritz Burns Pool on June 8, 2015. These restrooms serve park patrons. The fire was contained to the one restroom causing surface and electrical damage. The damage was repaired and did not affect the scheduled opening of the pool. I 1. III W a ............ �G QL I YtG C 0: The Honorable Mayor and Members of the City Council ON k Tustin K. Larson, Marketing & Events Supervisor Edie Hylton, Deputy City Manager II:' IC III::: July 21, 2015 CB),Illl::: IC: QUARTERLY MARKETING REPORT Per the City's contract with JNS Media Specialists (JNS) and Graphtek Interactive (GI), the final Quarterly Marketing Report for Fiscal Year 2014/15 is as follows: YINS .... I'rodiiii:,iiioriiaNl Morlll ei:iiiriig (IIII° :°iii�r°yu° , I' :Nl viiisiiior°yu IIIRodiiio) C ir"iiiM:Ads: With a strong finish to the season, regional ads were placed promoting a call to action to visit La Quinta while in the area for the Coachella and Stagecoach Music Festivals (Attachment 1). Advertisements in local publications continued to reach travelers in the Coachella Valley during the summer months. A June/July ad in Travel Host Magazine highlights the outdoors and hiking trails of La Quinta fulfilling the desire to attract visitors and engage them in the beauty that is La Quinta (Attachment 2). C'eleviisiio in: Strategically placed local television ads on Time Warner Cable helped to remind Valley residents to visit La Quinta when looking for things to do. The "Outdoor" spot attracts those looking to shop and dine as well as showcasing the wonderful community feel. This local television campaign has reached over 600,000 households, helps the continuity of La Quinta's brand, and reminds locals to visit and shop La Quinta. iiir"1:: o irl:: The City has an annual contract with Palm Springs Airport through Corey Airport Services to advertise with vertical dioramas in the airport. Inviting co-op partners offers an opportunity for a business to buy an ad at a reduced rate. Existing partners include: SilverRock Resort and Okura Sushi; however, Okura Sushi has decided not to renew and Old Town La Quinta will be taking their space. The Palm Springs Airport has approximately 2,000,000 visitors seeing these ads each yea r. `A 1*11 G':IIII':.... IIII' iiigiiii:,ol Morlll ei:iiiriig ( :Ib/So °iiiol Media) e[miite Updates: New videos have been added to the YouTube channel and optimized with content. GI also added videos to the video gallery page with a new icon on every page that links to the video gallery site (Attachment 3). The #VisitLQ15 campaign completed with over 6,537 people who viewed the campaign (impressions) on social media and over 800 signups on the website. The Arts & Culture category now has its own section in the navigation header at the top of the website. Future updates have been discussed and will include the Vacation Rental Interactive Map, and updated calendar display with expanded categories and a more user friendly interface to add events. :yClick Coachella and Stagecoach advertisements were posted on the Google Ad Network. The increase in PPC attributed to a 200 percent increase in paid traffic from the previous quarter. In addition, the number of submissions for additional information has increased by 152 percent from the previous quarter. PPC in the third quarter provided 13,500 views to the landing pages and website from both search and display efforts. That is more than double the exposure from the previous quarter. °.$oci :l Media: The City's Twitter and Facebook accounts continue to see increased traffic and participation. Branded images continue to bring traffic and engage users interested in wellness, City updates and travel. Facebook surpassed 44,000 "likes" in June. The City's Facebook daily engaged users (people who interacted with the page) surpassed 33,000 and surpassed 950,000 daily total impressions during the fourth quarter. #VisitLQ15 campaign finished with 6,537 impressions and 125 people who talked about it (post engagements) on Facebook. Twitter followers continue to steadily increase from 9,200 in March to 10,100 in June 2015. Pinterest followers have surpassed 1,300. The Google + page now has 69,000 views and is growing. A greater emphasis was added to increasing Instagram followers, which will see a steady increase into the first quarter of next year. Staff will continue to monitor the successes of the social media strategies and make adjustments throughout the year. Il: ir"ess III Rele:ses: Press releases were created and distributed to local news agencies for the following events: • Amended City Hall Hours • City Seeks Community Input (Village Development) • City turns over Animal Licensing to Riverside County • Museum Opens Three New Exhibits (Attachment 4) Attachments: 1. Coachella/Stagecoach ad 2. Travel Host Magazine ad 3. Video gallery screen shot 4. Press release Attachment 1 A Trip to La Quinta, Solunds So iGood Nationally- renown(,xl Coachella and Stagiecoach rnUsic festivats alre happening,JUSt rninute,,,,s'Frcxy) La Oi.flnta ths Ap�i� RG(,,,),t into tlw girrxw,,,b,vith La Quinta's one -of-kindshops ,.,md re,,Aaurants, spectacWai hWng and b4,,Jrq tjaALs, clynank cuts ani'l cufture scene, and teci,eatic.niitex�-wer�eices, Malke La OWnta yow hase canip fog Festival fuin! Pills M Attachment 2 223 224 Attachment 3 Video GaLLery L-'M C-M Q VAI L'A 4 Be In the Know! S191 �43 10 N� Y'K%fK1,d',IbOLA �PPCIIJII events and offun� (ou nm,w� ReaL E�}�:', . .. . . ... P"i WA Attachment 4 rr ,Kv ON, CI OF, 1A QkTINT. 7$11`"M ,d Itm W 1 1 a rA, 'A, 92253 i760? " "'-7035 WWW.1:-Qkj1N'T. Robin Stewart, La Quints Museum (760) 777-7170/irol,)oirn �tew(irt@)irivI�il:).irpet March 25, 2015 HistoricalLA QUINTA MUSEUM OPENS THREE NEW EXHIBITS La Quinta , ,,andMuseumo La Quinta, CA - The La Quints Museum is proud to present the opening of three new exhibits on March 31. The exhibits continue the United Nations designation of 2015 as the "International Year of Light and Light -Based Technologies," which aims to raise global awareness of the social, economic and developmental role of light and optical technologies. The exhibits are: "Nature's Beloved Son: Rediscovering John Muir's Botanical Legacy" — highlights the spirit in which John Muir embraced the botanical world, and traces his travels through North America. This exhibit presents vivid images of the actual plants he held in his hands, carried in his pockets, and preserved for all time. "Iconic Light" — presents the photographic works of Anse[ Adams and Dorothea Lange and features rarely seen 1930's era photos of the Coachella Valley. "Poetry in Space: Hubble at 25" — features 25 images from the Hubble Telescope to celebrate the telescope's 25 years in space. The images can also be viewed daily on the La Quints Museum face book page. (A 25t" birthday celebration for the Hubble Telescope will be held at the Museum on Friday, April 24 at 3 p.m.). A reception, co -hosted by the La Quints Historical Society and the La Quints Museum, will be held at the Museum on Friday, April 10, from 6 to 7 p.m., catered by the La Quints High School's Culinary Institute. Robin Stewart, Museum Programming Manager, said "Opening three exhibits at once is exciting for us and we are proud to present these to the public." The Museum is located at 77-885 Avenida Montezuma and is open from 10 a.m. to 4 p.m., Tuesday through Saturday. All events, programs and exhibits are free. For more information, visit www.io-quinto.org or contact the Museum at (760) 777-7170. 227 228 III (W a ............ �G QL I YtG .ILI .:�L �i III:III; IIIIII III III; ICE III IIIIII; III::)GI ZIII C 0: The Honorable Mayor and Members of the City Council R0N k Timothy R. Jonasson, P.E., Public Works Director/City Engineer II:' IC III::: July 21, 2015 =10=all,.]I[OViK61:7:-1111:1 1:R181a011:7a1i]R201OR]01*,111V 1. For the month of June, the total for all maintenance expenditures recorded in GORequest was $111,927, with traffic signals, street sweeping, vehicle and equipment maintenance, irrigation/ weeds/shrub/tree trimming, and debris removal being among the highest tasks in terms of cost. Public Works maintenance workers recorded over 1,500 task hours associated with this work. A detailed breakdown of tasks and associated costs is presented in the attached pie chart (Attachment 1). 2. The City's consultant, CASC Engineering, has started performing the mandated National Pollutant Discharge Elimination System water quality inspections of restaurants and facilities that generate or store hazardous materials. The inspector commented that business owners have been cooperative and friendly thus far. 3. The Traffic Signal Maintenance staff relocated the pedestrian push buttons at Highway 111 and Simon Drive. The new button locations now meet Americans with Disabilities Act (ADA) proximity requirements for crosswalk access. This project was completed using funds from the Traffic Signal Maintenance budget. 4. The Traffic Division has updated 19 citizen brochures on a variety of topics that deal with traffic safety in the City. These brochures are now available on the City's website and serve as informational and instructional guides for the citizens of La Quinta. Topics include: Bicycle Safety Tips, Children at Play Signs, Neighborhood Traffic Safety, Roundabouts, Speed Limits, and Traffic Signals. The Traffic Division receives numerous requests for work and service deemed necessary for traffic safety. The brochures are meant to provide the public with answers and instruct them on a proper course of action. 5. The contractor for the Avenue 52 Perimeter Landscaping Project has installed boulders and palm trees and is currently installing the irrigation `WI laterals in preparation of plant placement. Work is expected to be complete in early August. 6. The contractor for the Adams Street/Corporate Center Drive Signal and Street Improvements Project is currently constructing curb and gutter as well as asphalt paving. The traffic signal contractor is installing the traffic signal pole foundations. The work is expected to be complete in late September. 7. A contract for the Jefferson Street Roundabout Striping Modification Project was awarded to Superior Pavement Markings and is being finalized by the City. Work is anticipated to begin in late July. 8. Contracts are being issued for the following projects: Sports Complex and YMCA ADA Improvements - Phase 1, Sports Complex and YMCA ADA Improvements - Phase 2, and FY 2015/16 Slurry Seal Program. 9. Bids for the 10th Anniversary Library Improvements were rejected and the project is currently out for re -bid. 10. A pre -bid meeting was held on July 1 for the Monroe Street Rehabilitation Project with bids due on July 16. 11. On -site construction of homes continues at Andalusia (Madison Street between Avenue 58 and Avenue 60) and Griffin Ranch (Madison Street and Avenue 54). 12. On -site sewer, water and storm drain improvements are currently being installed at the Monterra project located on Monroe Street just north of Airport Boulevard. 13. On -site construction continues at the Century Theatre project at Washington Street and Avenue 47, and the Signature project within PGA West at Avenue 54 and Jefferson Street. 14. Residents continue to submit customer satisfaction surveys through the GORequest system. The Public Works Department received nine surveys in the month of June, with residents commenting on how staff handled reported issues. Employees were rated on their effectiveness, response time, and courtesy. A summary of responses is provided below and detailed surveys are provided as Attachment 2: • 89 percent of respondents indicated "Exceeded" or "Met" under Expectations Met 75 percent of respondents rated Employee Courtesy as "Superior" • 67 percent of respondents rated Response Times as "Superior" or "Good" MR • 57 percent of respondents rated Employee Effectiveness as "Superior" or "Good" Surveys also include positive feedback from residents such as: "Quickly repaired an issue that could have caused some serious damage to a car/people." "Thank you for responding in a timely manner and offering assistance." Attachments: 1. Maintenance Expenditures by Task for June 2. 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N.c a) _0 W i U� X O -0 O O a)a) U .0 O N (0 C a) a) U U) U �c)c)Zw T u°)) o ate) U)) aa)) U)) a) : Q c E t rn N J o U> H 7 C O U) U) C U O E o U) o c o (o 0 V) a)W N >+ aa)) a) o W OT E O W Q E E W W O N C N C O U N O a) L H Y (0 a) N C (0 a) a) 0 C O � Q U L_ U) O (0 C LO a) N O N p) � C M Y O N N a) U) a) > O U > a) LO 0 N = co a) a) O (n O O O C C E O W O C N U)) H N _0 E 6 T of Y E E c N Na) > O OU a) a) -O N °' (O >U ci -O > a) > O E CD> C > N a) O a) L U 0j L O .N 0) O c � 'N ai W a) N a) . c U 'Q o (n o a) _ Y a) o Q U) H U a> i H Q Q a) Z (n Z H �'.. o .. .. .. .. .. .. > U)'— uo) ate) u) U)) aa) ) u) a) E N C Q U) O H 7 N E o E U) a) 0 o U M O 4i E o N c a) o a) U (n W N >+ aa)) a aoi o a) a W of E OT O W Q E E W W 237 238 DEPARTMENT REPORT: 6 G of fne Desert" This quarterly police report was prepared by the La Quinta Police for the Honorable Mayor, City Council and the Citizens of La Quinta. The report contains crime statistics and average response times along with La Quinta Special Teams summaries of activity for the quarter. MI, `zit The first quarter of the year has proved to be a great start for increased community outreach. The "Coffee with a Cop" program was recently joined by a new push to have our citizens join the La Quinta Police Nixie information alert system. The Nixie alert system is a free text notification method our citizens can subscribe to by texting "WPID" to "888777" and start receiving active information on their cellular phones about road closures, emergencies, or community messages as they occur. In addition to these great programs, the Citizens on Patrol continues to recruit new volunteers that assist our police officers in locating trouble in the community. Our citizens have generously donated their valuable time to patrolling the neighborhoods, shopping centers, and apartment complexes for suspicious activity they witness. Our police officers and citizen patrol and create innovative solutions. works closely to communicate When comparing this first quarter to last year, several key reductions in property related crime has occurred in our city. We must continue working through the strategies and techniques we are implementing to impact the slow increase in violent crime trends. Some of these strategies include our neighborhood patrols and informational exchanges with crime task forces in our region. We routinely elicit experience and assistance from the auto theft interdiction unit or gang and narcotics task forces that supplement our effort to push violent crime trends downward. y office distributed our comprehensive annual report for 2014. The report was designed to provide a strong outlook on police activities throughout last year and offer a renewal of our stated objectives to reduce crime and safeguard our citizens going forward. The women and men of La Quinta Police enjoy every opportunity to enhance our relationship with citizens. David Walton Assistant Chief of Police, City of La Quinta Due to system malfunction the average response time numbers were unavailable at time of publishing. We will provide them to the City as soon as they become available. AGGRAVATED ASSAULTS BURGLARY BURGLARY -VEHICLE .................................................................................................................................................................................... 001ill. MAIN ................. NARCOTICS VIOLATIONS ROBBERY CAR -JACKING SEX CRIME MISD ,THEFT 01", W, I m imint, I .................. AUUKAVATED ASSAULTS ..................................................................................................................................................................................... BURGLARY BURGLARY -VEHICLE All NARCOTICS VIOLATIONS . . . . ...... ............... AGGRA TED ASSAULTS . ............... fdLE 52 .................................................. 4 3 ........ .................................................... . ...... I u 0 ........... 51 ........ ..................................................... ROBBERY 3 7 JACKING 1 1 J 0 SEX CRIME FELONY 10 3 SEX CRIME MISD ........... 0 ...................................................................... 1 SIMPLE ASSAULTS 20 24 THEFT J 207 217 VEHICLE THEFT 25 243 Emsq, I Programs Vehicle Steps G 2 7 Pedestrian Checks 65 Citations Search Warrants 1 Probation /Parole Search 3 Arrest Warrant Served 11 Arrest - Felony 10 Arrest - Misdemeanor Property Value Recovered 17 $14,100.00 244 Significant Activity for April, May & June 2015 On April 1, 2015, La Quinta SET and Thermal Station Investigators served a search warrant in the 44000 block of Clinton Street, Indio, regarding a robbery that occurred on March 17, 2015. The suspect was located and arrested during the search warrant. On April 3, 2015, La Quinta SET Officers investigated a vandalism of trees at Pioneer Park, witnessed and video recorded by a citizen. Officers identified the four juvenile suspects as La Quinta High Students, and filed out of custody with Juvenile Probation. On April 9, 2015, La Quinta SET Officers served a search warrant in the 82000 block of Adobe Rd., Indio. The suspect was arrested for burglary, identity theft, and passing altered checks. Victims of mail theft were from La Quinta, Palm Desert and Indio, and evidence related to the check fraud was recovered. On May 20, 2015, La Quinta SET Officers assisted in a residential burglary investigation in the 45000 block of Desert Air. They located a juvenile suspect at La Quinta Park, and recovered the stolen I -pad and I -phone. On May 27, 2015, La Quinta SET Officers assisted in the Arson / Burglary investigation at 49300 block of Montana Way, inside the Rancho La Quinta Country Club. They later investigated a burglary at 49300 block of Rio Arenoso, involving the ransacking of the residence and theft of a 2011 Nissan Altima. On May 29, 2015, they assisted in the arrest and service at the suspects' residence on Main St., Indio. Stolen property, including a shotgun, and other evidence was recovered. MR Programs 0 Vehicle Steps 20/30 Investigative Follow-up 40 Citations 5 Search Warrants 1 Business Checks/Meetings 75 Arrest Warrant Served 1 Arrest - Felony 3 Arrest - Misdemeanor 7 Property Value Recovered $300.00 `zs Significant Activity for April, May & June 2015 Between the months of April and June, La Quinta BDU assisted the La Quinta Special Enforcement Team and on several search warrants related to the city of La Quinta investigations. During the search warrants, stolen property and identity theft was identified. Between the months of April and June, La Quinta BDU, in collaboration with California Alcohol Beverage Control, conducted two Shoulder Tap Operations and one Minor Decoy Operation in the City of La Quinta. Under the Shoulder Tap program, a minor under the direct supervision of a peace officer will stand outside a liquor or convenience store and ask patrons to buy therm alcohol. the minor indicates in some unsay he or she is underage and can not purchase the alcohol. Under the Minor Decoy Program, lams enforcement agencies are allowed to use persons under 20 years of age as decoys to purchase alcoholic beverages from licensed premises. In April 2015, BDU conducted a follow-up to a series of past theft investigations that were committed at different dates and times at the La Quinta Hoare Depot. As a result of many follow-ups, which included interviews and research, BDU arrested the suspect responsible for the thefts. During the suspect's interview, he confessed to the thefts and was booked at the Indio Jail. In April 2015, BDU investigated an armed robbery that occurred at a local La Quinta business Tong the Highway 111 corridor. the suspect was arrested and interviewed. After the interview, the suspect was booked at the Indio Jail. In June 2015, BDU served a search warrant at a local business regarding a grand theft investigation at a local La Quinta business and the suspect was identified in cooperation with a local business owner. The above mentioned incidents are just a sample of the quarterly activity conducted by the La Quinta Business District Unit. Officers from BDU have conducted several investigations related to the La Quinta Highway 111 business corridor which have resulted in numerous arrests for thefts and frauds. La Quinta BDU will continue their pro -active and community oriented policing efforts throughout the city which will result in increased awareness and education within the business community in order to improve the quality of life for the business owners, shoppers, and residents of La Quinta. 247 1� Ilk Total Collisions 114 DUI Collisions 12 DUI Arrests 39 Seatbelt Citations 62 Total Hazard Citations 895 Total Injury Collisions 25 DUI Collisions with Injury 11 Citations Issued 1205 Excessive Speed Citations 512 Total Non -Hazard 310 Citations In April the Traffic Services Team conducted increased DUI and traffic patrols due to the influx of traffic related to the Coachella and Stagecoach Music Festivals. In May the Traffic Services Team participated in the "Click it or Ticket" program funded by the Office of Traffic Safety Grants. In May the Traffic Services Team conducted a warrant sweep in the city of La Quinta for warrants related to DUI offenses. In May the Traffic Services Team conducted a DUI checkpoint in the city of La Quinta. 411 drivers were screened for impairment during the checkpoint. In June the Traffic Services Team assisted with traffic control for the La Quinta High School graduation ceremony to provide safe ingress and egress for the attendees. In June the Traffic Services Team conducted a DUI checkpoint in the city of La Quinta. 1133 drivers were screened for impairment during the checkpoint. 248 Online Reports 9 Neighborhood Watch Meetings 2 Parking Citations 20 Community Events 7 Business Meetings 6 In April CSO Munoz attended a neighborhood watch meeting & CPTED review on Avenida Alvarado. |nApril CSOMunoz participated inCoffee With ACop sdOld Town Coffee Co. |nApril CS[)Munoz attended the Thermal Station Service Awards Ceremony. |nApril CS[)Munoz participated inLaC1uintaBirthday Bash with crime prevention booth |nApril CS[)Munoz attended the 1st annual leaps training. In May CSO Munoz attended Clergy Summit hosted by Sheriff's Dept. In May CSO Munoz attended a La Quinta Resort Event and had crime prevention table. In May CSO Munoz conducted a CPTED survey on Ave. Martinez. In June CSO Munoz helped with the La Quinta High & Summit / Horizon High school graduation. In June CSO Munoz conducted a Neighborhood Watch Meeting at Avenida Alvarado. In June CSO Munoz participated in Coffee With A Cop at Starbucks on Hwy 111. In April, CSO Herrera prepared the quarterly report which includes calls for service, average response time and year to date crime comparison. In April, CSO Herrera completed the annual police report. In April, CSO Herrera conducted a Volunteer Recruitment event. In May, CSO Herrera attended a Thermal Station Volunteer Service Awards Ceremony. In April, CSO Herrera attended Law Enforcement and Private Security (LEAPS) conference. In May, CSO Herrera coordinated the Clergy event at Embassy Suites. In May, CSO Herrera attended Background Investigation training to conduct backgrounds on volunteers. In June, CSO Herrera coordinated the Coffee with a Cop at Starbucks. In June, CSO Herrera coordinated quarterly training on First Aid for the volunteers. La Quinta Middle School, Harry Truman, Ben Franklin & John Adams Elementary In April, SRO Klicka conducted an investigation at La Quinta High School involving two students smoking Marijuana in the girls bathroom during class. The two girls were arrested, and subsequently released to their parents. Deputy Klicka filed charges against the girls with the Juvenile Probation Department. In April, SRO Klicka conducted an investigation of a Hit and Run incident that occurred at La Quinta High School. Deputy Klicka exhausted all available leads and was unable to determine the identity of the suspect. In May, SRO Klicka received a report of a stolen cell phone from a Patrol Deputy. Deputy Klicka conducted follow up interviews and recovered the stolen cell phone. In May, SRO Klicka assisted with the La Quinta S.E.T. Team Park program and issued five citations at the La Quinta Parks for various Municipal Code Violations. In June, SRO Klicka received information that a student at La Quinta Middle School brought a gun to school. Deputy Klicka located the student and conducted a search for weapons, locating a plastic "airsoft" gun and a "loader". Deputy Klicka initiated a "Kids with Guns Protocol and checked the home of the student. In June, SRO Klicka Coordinated and ran the 10th Annual La Quinta Police Cadet Academy from June 22 to July 17. The Cadet Academy consisted of approximately 50 Middle School Aged Students and introduced them to the various facets of Public Service. SRO Klicka organized field trips and presentations to include: Presentations from the FBI, Riverside Juvenile Probation Department, American Medical Response, The Riverside County Sheriff's K9 Team, The Riverside County Sheriff's Narcotics Task Force, The Riverside County Sheriff's Gang Task Force, as well as a field trip to the Larson Justice Center, The Riverside County Sheriff's Range, and the Marine Corps Recruiting Depot in San Diego. SRO Klicka tried to instill the extremely important core values of Honor, Commitment and Integrity to the Cadets. `41 La Quinta High School In April, SRO Contreras received information of a student who had sent text messages to a friend because he was feeling suicidal. SRO Contreras spoke with the student and determined the student was a danger to himself and transported him to a mental health facility. In April SRO Contreras received information of a student who did not want to go home with her parent. SRO Contreras spoke with the student who said she would run away from her home if she had to go home because of physical abuse that occurred the year prior. SRO Contreras took the student to Safe House of the Desert and notified Child Protective Services. In May, SRO Contreras received information of a student who was feeling depressed and was possibly suicidal. SRO Contreras spoke with the student who was feeling suicidal over problems she was having at home. The student told SRO Contreras if she were to go home, she would harm herself. SRO Contreras determined the student was a danger to herself and transported the student to a mental health facility for treatment. In June, SRO Contreras was in charge of security for the La Quinta High School graduation. There was an estimated 4,500 people who attended with no significant problems during the event. In June, SRO Contreras assisted Deputy Hernandez at the Summit/Horizon High School graduation in Indio. In June, SRO Contreras participated in planning and helped run the La Quinta Police Cadet Academy. PM Summit High School & Colonel Mitchell Paige Middle School In April, SRO Hernandez arrested a male juvenile twice during this quarter for no bail warrants. In May, SRO Hernandez assisted La Quinta S.E.T Park program and issued several citations at the La Quinta Park. In June, SRO Hernandez assisted in the preparation for the LQPD Cadet Academy. In June, SRO Hernandez participated in a lock down drill at La Quinta High School. 253 Community Service Officers Burglary Reports 38 Grand/Petty Theft Reports 50 Vandalism/ Malicious Mischief Reports 18 Traffic Collision Response/Reports 74 Vehicle Code or Parking Citations 195 Abandoned Vehicle Tagged/Warning 18 Towed Vehicles 23 Lost or Found Property Reports 13 Custodial/Non-custodial Transports 85 Miscellaneous Calls 346 254 Crime Free Multi -Housing 201 Business Checks 503 Community Events 10 Neighborhood Patrol 377 Traffic Collision Response 16 Extra Patrol 179 Total Patrol Hours 1333 Monthly Volunteer Hours 510 CPO Monthly Visits 142 This quarter we welcome two new COP volunteers Erich and Stephen. COP received training this quarter which included "Heat stroke, CPR and First Aid. COP volunteers assisted with two DUI checkpoints and traffic control for the La Quinta High School graduation. We welcome one new office volunteer Judy this quarter. She will be assisting at the Civic Center Community Policing Office. Our office volunteers conduct avariety clerical functions as well asdata entry ofcitations, traffic collisions and DU|'s' parking citations and pawn slips. They also play an important role with assisting the community with questions MINUMIamm e Desert" III �INNER ■ Sri JIJJJJJJJJJJJ j � ,..,,,,� ,,,; „/ i , ri/„% rr ,�J1111JJJ1111JJJ1P„ SIII" m ise 760 �iiiil$liiiss s°taIII ���k� llll liii�n����, �°IIII���� ° °'' IIII����������� ° liii ��ll�� ���v�.,u IIII........... L IIII' )la,lllluiiol id IIII °ton Sergeant, 760 Sergeant, lIIIllllllll�ie nn IIIIIIR;aIIr liii IIII,, 760 `w DEPARTMENT REPORT: 7 LA QUINTA CITY FIRE DEPARTMENT 2015 Second Quarter ,a W LA QUINTA CITY FIRE DEPARTMENT 257 INSIDE THIS ISSUE 1. Personnel Assignments 2. Response Reports 3. Truck Report 4. Significant Events 5. Administration Reports 6. Training and Community Activity 7. Explorer Post LA QUINTA CITY FIRE DEPARTMENT 258 ADMINISTRATION 44-555 ADAMS STREET LA QUINTA, CA 92253 (760) 345-6932 1. Battalion Chief — Alex Gregg STATION 93 (NORTH LA QUINTA) 44-555 ADAMS STREET LA QUINTA, CA 92253 (760) 564-4351 Engine Company 93 1. Fire Captain — Eric Cisney 2. Fire Apparatus Engineer — Matthew McDonald 3. Fire Apparatus Engineer — Dustin Reed 4. Firefighter II/Paramedic — Mark Birchard 5. Firefighter II/Paramedic — Michael Bowman 6. Firefighter II — Noe Lerma STATION 32 (LA QUINTA) 78-111 AVENUE 52 LA QUINTA, CA 92253 (760) 564-4351 Engine Company 32 1. Fire Captain — Anthony Khatami 2. Fire Apparatus Engineer — Jason Lewandowski 3. Fire Apparatus Engineer/Paramedic — Nick Groff 4. Firefighter II/Paramedic — John Barton 5. Firefighter II/Paramedic — Albert Causey 6. Firefighter II — Seth Shively 7. Firefighter II — Michael Prall 8. Firefighter II — Sean Tauscher LA QUINTA CITY FIRE DEPARTMENT 259 STATION 70 (PGA WEST) 54001 MADISON STREET LA QUINTA, CA 92253 (760) 564-2122 Engine Company 70 1. Fire Captain — Gil Barrier 2. Fire Apparatus Engineer — Larry Johnson 3. Fire Apparatus Engineer/Paramedic — Tim Day 4. Firefighter II/Paramedic — Brandon Avner 5. Firefighter II/Paramedic — Corbin Reinhart 6. Firefighter II — Steven Stock TRUCK 86 46-990 JACKSON ST. INDIO, CA 92201 (760) 347-0726 Truck Company 86 1. Fire Captain — Darrel Anderson 2. Fire Captain — Dave Hudson 3. Fire Captain — Brent Norwine 4. Fire Apparatus Engineer — Noah Dimuccio 5. Fire Apparatus Engineer — Leo Metoyer 6. Fire Apparatus Engineer — Brent Wright 7. Firefighter II — Matt Adams 8. Firefighter II — Travis Ames 9. Firefighter II — Darren Clowers 10. Firefighter II — Chris Meneses 11. Firefighter II — Albert Moreno 12. Firefighter II — Nick Yuhas LA QUINTA CITY FIRE DEPARTMENT 260 SECOND QUARTER RESPONSE REPORT APRIL — JUNE 2015 Structure Other Fire Medical Hazard / FMS Others Total 32 11 80 335 7 28 461 70 20 107 167 4 14 312 93 17 125 496 18 43 699 Total 48 312 998 29 85 1472 Truck Report Truck 86 recorded 26 responses into the City of La Quinta during the second quarter of 2015 broken down by category below. Com Fire False Alarm Medical Other Fire Public Service Assist Traffic Collision 1 10 3 2 1 2 Residential Fire Standby 5 2 LA QUINTA CITY FIRE DEPARTMENT K-1 Significant Events 4/20/15: CAL FIRE/Riverside County firefighters from La Quinta, Indian Wells and Indio arrived at the 52000 block of Avenida Diaz to find two dwellings involved with fire. An aggressive and coordinated fire attack limited the damage to the garage portion of each house. The fire started between the houses in a trash bin. The property owner stated they had painted and stained wood the previous day and placed the staining rags in the trash bin after they were done. The improper disposal of the staining rags is the cause of the fire. 5/7/15: CAL FIRE/Riverside County firefighters from La Quinta assisted the City of Indio on a commercial building fire at Hwy 111 and Rubidoux St. The building was formerly a Lucky grocery store. 5/7/15: CAL FIRE/Riverside County firefighters from La Quinta, Indian Wells, and Indio arrived at a residential dwelling on the 53000 block of Avenida Martinez with heavy fire involving the kitchen and rear bedrooms. The single male occupant was transported by ground ambulance to a local hospital with possible smoke inhalation. Firefighters mounted an aggressive attack on the fire but were faced with heavy amounts of accumulated fire loading throughout the residence. Fires also scorched two nearby residential dwellings but were saved from significant damage. A power pole was charred which shut down electrical power to neighboring dwellings. No other injuries were reported and the cause of fire remains under investigation. 5/27/15: CAL FIRE/Riverside County firefighters from La Quinta, Indio, Coachella, Indian Wells, Thermal and Palm Desert arrived at a 4200 square foot residence on the 49000 block of Montana Way inside Rancho La Quinta that was heavily involved with smoke and flames. The interior fire rapidly engulfed the master bedroom, an adjoining office plus the living room area. The fire also heavily involved the attic and extended into numerous void spaces, further hampering containment efforts. No occupants were present but many personal belongings including a Jaguar sports car were in the dwelling. Prevention officers were summoned due to suspicious items found. It has been determined that the fire was intentionally started in an attempt to cover up another crime; two suspects have been arrested and charged in this crime. 5/28/15: CAL FIRE/Riverside County Firefighters from La Quinta and Indio arrived on scene of a traffic collision in the 47000 block of Washington St. involving a solo passenger vehicle with extrication required of three patients. One patient was quickly extricated and transported via ground ambulance to an area hospital. Due to the extensive damage to the vehicle colliding with a palm tree it took firefighters another 40 minutes to extricate two additional patients. The second and third patients were transported to an area hospital with major injuries. 06/14/15 at 4:01 CAL FIRE/Riverside County firefighters from La Quinta, Indio, and Indian Wells were dispatched to 78000 block of Cloud View Way in the City of La Quinta. First arriving companies found a single story single family dwelling well involved in fire. The initial company officer implemented search, suppression and ventilation operations. The fire was knocked down within 20 minutes of the dispatch. There were no injuries. Two adults and two minor children were displaced. Red Cross assisted the displaced persons. Fire cause was attributed to combustible material coming in contact with the heating element in the dishwasher. LA QUINTA CITY FIRE DEPARTMENT 262 Administrative Reports Ronald GriesinOer, Fire Safety S,necia/ist Action: During the second quarter of 2015 a total of 279 Fire Life Safety inspections were conducted along with 47 re -inspections for code compliance. It was noted a majority of business were found to be in compliance with current Fire Life Safety requirements. Of the noncompliant occupancies 13 automatic fire sprinkler systems were found to be in need of 5 year re certifications, 6 alarm and monitoring systems were found in need of maintenance or repair, 8 commercial cooking, fire extinguishing systems were found to need cleaning and re certification. Building/Planning: Weekly project review meetings were held with discussion focused on special development permits, tentative track maps, temporary use permits, special events permits and current projects updates. Development of a new In and Out Burger along with Aldi's Market began on Hwy 111. A new 84 home subdivision at Avenue 54 and Jefferson will be starting soon. A new Jule's market is undergoing a tenant improvement at Desert Club Dr. and Calle Tampico. Planning reviews were conducted for a proposed gas station, 2 Fast food Restaurants and additional commercial tenant space. Plans were reviewed for 15 new homes at villas at Indian Springs. Plans were reviewed for an expansion and remodel of trilogy golf club. Accomplishments: 13 Automatic fire sprinkler systems were inspected and re certified • 6 Alarm and monitoring systems were inspected and or repaired, currently functioning as designed • 8 Commercial hood, duct and fire extinguishing systems were cleaned serviced and tagged as required Title 19 inspection of all large family day care were completed Inspection and standby of fireworks display for La Quinta High Graduation • Completion of the Chateau@ Lake La Quinta expansion and remodel fire sprinkler system, alarm system and new commercial kitchen • Opening of Jersey Mikes new commercial kitchen. • Completion of California Ocean Grill new commercial kitchen • Completed all code enforcement follow up inspections 47 LA QUINTA CITY FIRE DEPARTMENT 263 Final Title 19 inspections were completed on all multi -family complexes Goals: Continue participation with weekly project review team. Aggressively conduct annual fire life safety inspections. Provide a high standard of customer service while seeking compliance with codes and standards. Conclusion: Although a small number of occupancies were inspected most appear to be operating within a reasonable degree of safety. As for business found to have violations, in part most had no issues making the necessary repairs to gain compliance. Please see the attachment for specific location, occupancy class and inspection outcome. Tawny Castro,, Emergency Services Coordinator CERT: Conducted meetings in April, May and .tune with the La Quinta CERT group; monthly meetings are held on the last Tuesday of each month. Each monthly meeting this quarter was held at one of the three City fire stations. The goals of this were to orient the CERT members of the facilities in the event they are activated and need to work out of our stations; as well as meeting the staff and participating in joint training with the on -duty firefighters. Training included Disaster Medical Operations, Search and Rescue and Cribbing. La Quinta hosted its first full 20 hour CERT course in several years. 19 students from several cities completed all 20 hours of training, eight of which have joined the La Quinta CERT team. Funding for the CERT backpacks issued to all students was provided by FEMA via the State Homeland Security (SHSP) grant. Outreach Events: ECS Castro attended La Quinta Resort's annual employee rally where she shared emergency preparedness information and literature to hundreds of the resorts employees. ECS Castro along with CAL FIRE/Riverside County Firefighters and CERT volunteers participated in the City Birthday Bash in April promoting CERT and disaster preparedness as well as unveiling the La Quinta Lifeline vial -of -life program. The program consists of a form containing basic medical information and two means of alerting first responders to the location of the form (a sticker and fridge magnet). It was created to assist first responders in providing potentially life-saving medical care for patients who are unable to speak for themselves by providing the patient's medical history. ESC Castro with the assistance of City fire personnel created the La Quinta Lifeline vial -of - life program. LA QUINTA CITY FIRE DEPARTMENT K-11! In Development: ESC Castro is developing a seasonal preparedness web page and outreach notifications to alert City residents to dangers associated with specific seasons. ESC Castro is developing a City CERT Rehab Deployment Team (RDT). The City RDT will consist of specially trained CERT members who will respond to extended attack emergency incidents within the City to deploy rehab areas for firefighting personnel. The first RDT training class was conducted on 6/30/15 and training will continue throughout the summer. Working with Caltech and the USGS, La Quinta will be participating in the beta testing of the Earthquake Early Warning (EEW) system. Once operational, the EEW will provide the location, distance, intensity and approximate damage felt for earthquakes. The amount of warning is dependent on the location of the earthquake and can range from one second up to thirty seconds. City EOC: Using FEMA grant funding, the City has begun to replace equipment in the EOC that no longer meets our mission needs. City Staff Preparedness: ESC Castro conducted an emergency preparedness and family preparedness talk with all La Quinta employees at the monthly City Managers meeting on 6/24/15. The City's 70 employees also received 1 day survival kits and City Employee backpacks courtesy of the City Emergency Management program. La Quinta staff will begin general EOC training and section specific EOC training in preparation to participate in the Great Shakeout this October. Personnel Movement April and May saw changes in some of our personnel. Firefighter Medic John Godwin and Firefighter Vernon Cowins from Station 70 along with Firefighter Medic Brian Steiger from Station 93 accepted Limited Term Engineer positions in areas throughout the State; we wish them well in their new endeavors. Engineer Medic Nick Groff finished his academy training in May and has filled our vacant Medic Engineer position. LA QUINTA CITY FIRE DEPARTMENT K Training & Community Activities The La Quinta firefighters training for the quarter included Wildland Fire Readiness training in Desert Hot Springs. Firefighters also conducted in-service training on ladders, first due company drills, alternative fuel vehicles, HazMat decon and recertification and Multi -Casualty Incident strategies and tactics. LA QUINTA CITY FIRE DEPARTMENT 266 The La Quinta Fire Explorers continue to stay busy with training and participating in PR events. This past quarter the explorer post participated in a training exercise with the La Quinta CERT Team. The training class covered the following topics: Fire Extinguisher use, Lifting and Cribbing of heavy objects and Basic First Aid. We currently have one of our fire explorers, .lames Wadlund, is attending the Explorer -to -Reserve Bridge academy. After the completion of this academy, Explorer Wadlund will be qualified to apply for reserve firefighter for Riverside County Fire. He will most likely be assigned to one of the La Quinta Fire Stations: continuing to serve our city. In March, our explorer post represented the city at the Annual Murrieta Fire Muster. Although we did not come home with a trophy, we were one of the top contending explorer posts. The Explorer Post competed in four different events; the bucket brigade, the two minute drill, the mannequin drag and the fire hose make and break. LA QUINTA CITY FIRE DEPARTMENT 267 K.T. Reports/ Informational Items: 21 Report to La Quinta City Council Palm Springs International Airport Commission Meeting July 15, 2015 Finance: General Revenues were up 9% from last year, while Expenditures were up 1.86%. Unrestricted Cash at year-end was $5.7 million vs. the goal of $5-6 million. Once again, Passenger Facility Charges were up 9%, which we are using to retire bond debt ahead of schedule. Passenger Activity: June's passenger activity was down 13.2% from last year, but year-to-date activity remains up 1.6% from 2014. General Observations: Air traffic, nationwide, is down from last year. May was down 5%, while the YTD is down by 2%. There were several reasons for this. Among those cited were: 1. The direct relationship of passenger demand to economic conditions — at both the originating city and the destination city. 2. Currency exchange rates 3. Fuel costs and availability Interesting facts: Southern California averages 1200 flights a day, moving 170,000 passengers. Business travel is down, and leisure traffic generally follows business travel. Last year, 15.6 million people visited California; with half coming from Mexico. Parking Management Services: Our ten-year agreement with Ace Parking of San Diego expires in January 2016. The Commission and Staff reviewed an RFP for the solicitation of a vendor for next 10 years. Parking revenue has accounted for $2 to $3 million per year. Services required include- 1 . Operate and manage the public parking lots. 2. Replace, update, and maintain the ticket and fee computer system as required 3. Collect all fees, provide bookkeeping and audit functions 4. Collect all baggage card machine fees 5. Provide Traffic Enforcement Officer for safe vehicular and passenger movement 6. Provide Taxi Control Officers and manage queuing. `O After discussion, the Commission voted to forward the RFP to the City Council for approval. Because the Palm Springs City Council is "dark" during August, the next meeting is scheduled for September 16, 2015. 1 will be out of the country at that time, so will miss the September meeting. Submitted: Robert G. Teal, Commissioner Palm Springs International Airport Email: bob(cDteal.us.com Phone: 760-899-4171 HAND OUTS qlp,444D Sane - Lr' Dr. Ian Dunbar's Dog Bite Scale (Official Authorized Version) An assessment of the severity of biting problems based on an objective evaluation of wound pathology Level 1.Obnoxious or aggressive behavior but no skin -contact by teeth. Level 2. Skin -contact by teeth but no skin -puncture. However, may be skin nicks (less than one tenth of an inch deep) and slight b ee ng caused by forward or lateral movement of teeth against skin, but no vertical punctures. Level 3. One to four punctures from a single bite with no puncture deeper than half the length of the dog's canine teeth. Maybe lacerations in a single direction, caused by victim pulling hand away, owner pulling dog away, or gravity (little dog jumps, bites and drops to floor). Level 4. One to four punctures from a single bite with at least one puncture deeper than half the length of the dog's canine teeth. May also have deep bruising around the wound (dog held on for N seconds and bore down) or lacerations in both directions (dog hel d on and shook its head from side to side). Level 5. Multiple -bite incident with at least two Level 4 bites or multiple -attack incident with at least one Level 4 bite in each. Level 6. Victim dead. The above list concerns unpleasant behavior and so, to add perspective: Levels 1 and 2 comprise well over 99% of dog incidents. The dog is certainly not dangerous and more likely to be fearful, rambunctious, or out of control. Wonderful prognosis. Quickly resolve the problem with basic training (control) — especially oodles of Classical Conditioning, numerous repetitive Retreat n' Treat, Come/Sit/Food Reward and Back- up/Approach/Food Reward sequences, progressive desensitization handling exercises, plus numerous bite -inhibition exercises and games. Hand feed only until resolved; do NOT waste potential food rewards by feeding from a bowl. Level 3: Prognosis is fair to good, provided that you have owner compliance. However, treatment is both time-consuming and not without danger. Rigorous bite -inhibition exercises are essential. Levels 4: The dog has insufficient bite inhibition and is very dangerous. Prognosis is poor because of the difficulty and danger of trying to teach bite inhibition to an adult hard -biting dog and because absolute owner -compliance is rare. Only work with the dog in exceptional circumstances, e.g., the owner is a dog professional and has sworn 100% compliance. Make sure the owner signs a form in triplicate stating that they understand and take full responsibility that: 1. The dog is a Level 4 biter and is likely to course an equivalent amount of damage WHEN it bites again (which it most probably will) and should therefore, be confined to the home at all times and only allowed contact with adult owners. 2. Whenever, children or guests visit the house, the dog should be confined to a single locked -room or roofed, chain -link run with the only keys kept on a chain around the neck of each adult owner. (To prevent children or guests entering the dog's confinement area.) 3. The dog is muzzled before leaving the house and only leaves the house for visits to a veterinary clinic. 4. The incidents have all been reported to the relevant authorities — animal control or police. Give the owners one couv, keen one couv for Your files and give one couv to the dog's veterinarian. VISUAL 10: German Shep- herdDog (59.1%of777 Re- spondents) DNAID: 12.S% each: Australian Shepherd Dag, Chow Chow, Dalmatian,: - German Shepherd Dog, _ Siberian Husky �- VISUALID: German Short - haired Pointer (33.0%of 820 Respondents) DNAID: 12.5% each: Chow Chaw, Dachshund, Nava Scotia j Duck -Tolling Retriever VISUALID: Corgl(56.7%of 793'Respondentsl DNA 1D: 12.5%each: Ameri- can Water Spaniel, Black Russian Terrier. Pomeranian, Shih Ru, Tibetan Terrier VISUALID: Pit bull(39.S%)/ American Staffordshire Ter- rier (12.1%) (SL6%of 797 Respondentsl DNAID: 2S% each: Chow Chow; French Bull Dag; 12.5%each: Clum- berSpanfel, Dalmatian, Gordan Setter, Great Dane Comparison of Visual and DNA Breed Identification of Dogs and Inter -Observer Reliability V.L. Voith', R. TrevejoE, S. Dowling-Guyerf i, C. Chadikl, A. Marder'if, V. Johnson', K. Irizarry(, J. Marilo 'College of Veterinary Medicine, Western University of Health Sciences, Pomona, 91766, United States otAmerica 60regon State University. Beaverton, 97006, United States of America u Center for Shelter Dogs, Animal Rescue League of Boston, Boston, 02116, United States of America INTRODUCTION A previous study' found little correlation between dog adoption agencies' identification of probable breed composition with identification of breeds by DNA analysis. Because these dogs may have been identified by only one person, we presented one -minute video clips of the same 20 dogs to over 900 people who were engaged in dog -related professions or services. We were interested in how often their visual identifications matched DNA identifications and how often the respondents agreed as to the most predominant breed of dogs that they identified as mixed breeds. MATERIALS AND METHODS 71te Dogs: Twenty privately -owned dogs from a pool of dogs that had been volunteered by their owners to par- ticipate in a study. The dogs had been adopted from 17 different locations. There were 12 Spayed Females,' In- tact Female, and 7 Castrated Males. All dogs had per- manent canine teeth and were 0.5-12 years old. There were 5 dogs in each of the weight ranges: < 20 pounds, 21-40 pounds, 41-60 pounds, and> 60 pounds. All were identified as mixed breeds by DNA analysis.2 The Respondents: The 986 participants completed all or part of the identification quiz at 30 locations. throughout the United States. Many of these sites were at regional or national meetings with participants from several states, 923 participants met the inclusion criteria of iden- tifying their profession or dog -related service and indi- cated that they have been asked what breed a dog ap- pears to be. The majority of respondents were or had been in animal control/sheltering and/or veterinary medical fields. The Quiz: One -minute, color video clips of each dog, depicted in front of a screen with a grid of 1-foot squares, were shown to the participants. The dogs were allowed to move about and full bilateral, frontal views, and close-ups of the heads were always shown. Partici- pants were asked if they thought the dogs were pure- breds or not and if so, what breed or predominate breed(s). RESULTS For 14 of the dogs, fewer than 50% of the respondents visually identified breeds of dogs that matched DNA identification. For only 7 of the dogs was there agreement among more than 50% of the respondents regarding the most predominant breed of a mixed breed and in 3 of those cases the visual identification did not match the DNA analysis. CONCLUSIONS This study reveals large disparities between visual and DNA breed identification as well as differences among peoples' visual identifications of dogs. These discrepancies raise questions concerning the accuracy of databases which supply demographic data on dog breeds for publications such as public health reports, articles on canine behav- ior, and the rationale for public and private restrictions pertaining to dog breeds. REFERENCES 1. V.L With, F Ingram, K. Mitsouras, K-lrirnrry, "Comparison of Adoption Agency Breed Identification and DNA Breed Identification of Dogs;" Taylor and Frands, foumal of Applied Animal Welfare Science, vo1. 12, no. 3, pp. 253-262, 2009. 2. MARS VETERINARY''', Lincoln, NE USA 68501-0839. Breed composition less than 12S% was not reported; reference data based on 130 AKC registered dogs; an average of 84%accuracy in Pl purebred crosses. 3. VL Voitb, R. Trevejo, S. Dowling -Guyer, C. Chadik A. Marder, V. Johnson K. Irizarry, "Comparison of Visual and DNA Breed Identification of Dogs and Int-Observer Reliability," Scientific and Academic Publishing, American lous, nalofSociologi©IResearch,vo1.3,no-2,pp:l7.29,2013. 1111Ryjs��iitta-�:f1 .o, rn.57�n.j i 201 a1L�>!r,J,_.lurrl Adapted from the ankle "Comparison of Via. nal and DNA Breed identification of Dogs Western ANIMAL �_ RESCUE and Inter -Observer Reliability" by Victoria L With, et all. Copyright O 2013 Scientific and - ~ University LEAGUE Academic Publishing. or HIALTH SCIENCt5 College of of BOSTON Veterinary Medicine Poster Copyright 02013 Victoria L Voith. VISUALID: Dalmatian VISUALID: Yorkshire VISUALID: German She t VISUALID: Iabador Re- .S�'-'a (94.8%of674.Respon- Temer(16.6%ot751 herd Do11(61.2%0 1`762 Re- triever(16.4%of750Re, �' dents)) spondents) DNAID: 25% spondents) DNAID: ' Respondents) , DNA ID: 25%; Dalmatian; DNA ID: 25%each: each: AmericanSafford- -' 12.5% each: Australian 12.5% each: Baser, Chow Australian German lian Shepherd shlreTerrler, Gean Shepore - Shepherd Dog, Br, Chow, Newfoundland t _ Dog, Pekingese herd Dog; 12.5% each: Bull ,. L� Dachshund, Dalmatian, Teller, Chow Chow Glen of lmaol Teller n' ` 4� �� VISDAL ID: Shlh Tzu 4 (43.2%of 657 Respon- denls)DNA ID: 25%: Shih Tzu; 12.5% each: Cocker Spaniel, Pekingese,Mlnla- _�:, lure Schnauzer VISUAL 10; Collle(14.6% of 796 Responaents) DNAID: 25%: Border Cal lle: 12.5% each: Bas- sett Hound, Cocker Span- iel {d VISUALID: Calm Teller IMP (23.5"6 of 697 Respon- f dems)DNA ID: 50%; Miniature Pincher, 12.5%: Dachshund VISUALID: Chihuahua (55.S%of 831 Respon- i dents) DNAID: 12.5% each: Cavalier King Charles - Spaniel, Chihuahua, Shlh hu VISUALID: Austnihim Shepherd Dog (23.9% of 774 Respondents) J I•' DNA ID: 12.5%each:Aus- d I talian Shepherd Dog, Bony Golden Retriever VISUALID; Labrador Re- uIever (86.9%ol R31 Re. spondenn) DNAID: 125% each: Chow Chow, Golden ReVriever, Gordon Setter, Saint Bernard VISUALID: German5hep- herd Dog (30.8%of 844 of Respondents) DNA IN 25% each; German Shepherd �+ �l Dog, Standard Schnauzer, 12.5%: English Setter t' VISUAL 10: German Short - haired Pointer 114.4%of 790 Respondents) ONA ID: 12.5%Alaskan Malamute 71-2-il�o45 CO- Co-" ffqlk sp A community approach to dog bite prevention American Veterinary Medical Association Task Force on Canine Aggression and Human -Canine Interactions MUMERS OF THE TASK FORCE Bonnie V. Braver, DVM, MS, DACVB (Chair), Department of Small Animal Medicine and Surgery, Texas A&M University, College Station, TX 77843-4474, representing the AVMA Executive Board. M. Douglas Baker, MD, FAAP, Pediatric Emergency Department, Room WP143, Yale -New Haven Children s Hospital, 20 York St, New Haven, CT 06504, representing the American Academy of Pediatrics. Robert C. Gloster, MD, FACED, Swedish Hospital Medical Center, PO Box 14999, Seattle, WA 98114, representing the American College of Emergency Physicians. William A. Grant, DVM, Community Veterinary Hospital, 13200 Euclid St, Garden Grove, CA 92843, representing the Professional Liability homrance Tlvst. Janes M. Hans, DVM, Montclair Veterinary Clinic and Hospital, 1961 Mountain Blvd, Oakland, CA 94611, repre- senting the AVMA Committee on the Human -Animal Bond. Bejain L, Hat, DVM, PhD, DACVB, Department of Anatomy, Physiology, and Cell Biology, School of Veterinary Medicine, University of California, Davis, CA 95616, representing the American College of Veterinary Behaviorists. Damy H. Hattavay, BS, Underwriting Consultant, State Farm Insurance, 1 State Farm Plaza, D-1, Bloomington, IL 61701, representing the insurance industry. Thomas Houston, MD, Director, Science and Public Health Advocacy Programs, American Medical Association, 515 N State St, Chicago, IL 60610, representing the American Medical Association. Jades _ R. DVM, MS, Crossroads Animal Hospital, 4910 Crossroads Dr, El Paso, TX 79922, representing the AVMA Animal Welfare Committee. Randall Lockwood, PhD, Vice President/Research and Educational Outreach, Humane Society of the United States, 1100 L St NW, Washington, DC 20037, representing humane ,/organizations. Don Rleck, BS, Chief Animal Control Officer, Health Department, City of Sioux Falls, 132 North Dakota Ave, Sioux Falls, SD 57104, representing the National Animal Control Association. Jeffrey I Sacks, MD, MPH, Medical Epidemiologist, Centers for Disease Control and Prevention, 4770 Buford Hwy, NE (Mailstop K-45), Atlanta, GA 30341, representing the Centers for Disease Control and Prevention. William S. Strauss, JD, 235A Windsor PI, Brooklyn, NY 11215, representing the legal profession. Jan Soothe; DVM, 809 Hwy 36 E, Hartselle, AL 35640, repre- senting the AVMA Council on Public Relations. STAFF SUPFORr Gail C. Gobrb, PhD, DVM, Division of Education and Research, American Veterinary Medical Association, 1931 N Meacham Rd, Ste 100, Schaumburg, IL 60173, staff' consultant. Julie Horvath, BS, Division of Education and Research, American Veterinary Medical Association, 1931 N Meacham Rd, Ste 100, Schaumburg, IL 60173, staff assistant. Table of Contents Introduction and problem statement...... 1733 Scope of the problem Which dogs bite? Dog bite costs to a community This program Multidisciplinary and multiprofessional groups............................1734 Identify dog bite issues in the community Identify potential partners, allies, support, and funding sources Develop an advisory council Inf mtFucture ....................... 1735 Program coordinator Animal control agencies Preventive measures After a bite occurs Bite data reporting ................... 1738 What should be reported? Who should report? Who should receive reports? Data management, analysis, interpretation, and dissemination Education ..........................1739 Public officials and community leaders Professionals Public Media.............................1743 Know the media A spokesperson Have information readily available Ways to effectively convey information References ..........................1745 Appendices .........................1746 1. Groups potentially involved in dog bite prevention 2. Model dog and cat control ordinance 3. Recommended data elements for reports of dog bites 4. Model legislation for the identification and regulation of "dangerous" dogs 5. Suggested reading for professionals 1732 Vet Med Today: Canine Aggression Task Force JAVMA, Vol 218, No. 11, June 1, 2001 Introduction and Problem Statement Dog bites are a serious public health problem that inflicts considerable physical and emotional damage on victims and incurs immeasurable hidden costs to communities. Bites have been tolerated as a job -related hazard for utility and postal workers, but for many communities the problem may be more encompassing. Following a severe attack, there is usually an outcry to do something, and the something that is done often reflects a knee-jerk response. Only later do officials realize that the response was not effective and, in fact, may have been divisive for the community. To assist communities in avoiding such ineffective responses, the AVMA convened a Task Force on Canine Aggression and Human -Canine Interactions. Although the number of injuries will never be reduced to zero, Task Force members believe a well -planned proactive community approach can make a substantial impact. The information contained in this report is intended to help leaders find effective ways to address their com- munity's dog bite concerns.' Scope of the problem Dogs have shared their lives with humans for more than 12,000 years,' and that coexistence has con- tributed substantially to humans' quality of life. In the United States, there are slightly more than 53 million dogs sharing the human -canine bond,'-' more dogs per capita than in any other country in the world.' Unfortunately, a few dogs do not live up to their image as mankind's best friend, and an estimated 4.5 million people are bitten each year,',' although the actual num- ber injured is unknown.' Approximately 334,000 peo- ple are admitted to US emergency departments annual- ly with dog bite -associated injuries, and another 466,000 are seen in other medical settings.' An unknown number of other people who have been bit- ten do not sustain injuries deemed serious enough to require medical attention. Still another group of indi- viduals is not represented by these data, those that incur injuries secondary to a bite or attempted bite. For example, a jogger may trip and break an arm while fleeing from a threatening dog. Of concern too are the demographics of typical dog bite victims. Almost half are children younger than 12 years old." People more than 70 years old comprise 10% of those bitten and 20% of those killed.9-" Direct costs of dog bite injuries are high. The insurance industry estimates it pays more than $1 bil- lion/y in homeowners' liability claims resulting from dog bites." Hospital expenses for dog bite -related emergency visits are estimated at $102.4 million.' There are also medical insurance claims, workmen's compensation claims, lost wages, and sick leave -asso- ciated business costs that have not been calculated. Which dogs bite? An often -asked question is what breed or breeds of dogs are most "dangerous"? This inquiry can be prompted by a serious attack by a specific dog, or it may be the result of media -driven portrayals of a spe- cific breed as "dangerous.""," Although this is a com- mon concern, singling out 1 or 2 breeds for control can result in a false sense of accomplishment." Doing so ignores the true scope of the problem and will not result in a responsible approach to protecting a com- munity's citizens. Dog bite statistics are not really statistics, and they do not give an accurate picture of dogs that bite.' Invariably the numbers will show that dogs from pop- ular large breeds are a problem. This should be expect- ed, because big dogs can physically do more damage if they do bite, and any popular breed has more individ- uals that could bite. Dogs from small breeds also bite and are capable of causing severe injury. There are sev- eral reasons why it is not possible to calculate a bite rate for a breed or to compare rates between breeds. First, the breed of the biting dog may not be accurate- ly recorded, and mixed -breed dogs are commonly described as if they were purebreds. Second, the actual number of bites that occur in a community is not known, especially if they did not result in serious injury. Third, the number of dogs of a particular breed or combination of breeds in a community is not known, because it is rare for all dogs in a community to be licensed, and existing licensing data is then incomplete.' Breed data likely vary between communi- ties, states, or regions, and can even vary between neighborhoods within a community. Wolf hybrids are just that: hybrids between wild and domestic canids. Their behavior is unpredictable because of this hybridization, and they are usually treated as wild animals by local or state statutes. Wolf hybrids are not addressed by this program. Sex differences do emerge from data on various types of aggression. Intact (unneutered) male dogs rep- resented 80% of dogs presented to veterinary behavior- ists for dominance aggression, the most commonly diagnosed type of aggression.' Intact males are also involved in 70 to 76% of reported dog bite incidents.'," The sex distribution of dogs inflicting unreported bites is not known. Unspayed females that are not part of a carefully planned breeding program may attract free - roaming males, which increases bite risk to people through increased exposure to unfamiliar dogs. Dams are protective of their puppies and may bite those who try to handle the young. Unspayed females may also contribute to the population of unwanted dogs that are often acquired by people who do not understand the long-term commitment they have undertaken, that are surrendered to animal shelters where many are destroyed, or that are turned loose under the miscon- ception that they can successfully fend for themselves." Dog bite costs to a commumfty Costs associated with dog bite injuries cannot be readily measured, because so many intangible quality of life issues are involved. This makes it more difficult for community councils to justify the time, effort, and expense necessary to institute a bite reduction program when compared to a new fire truck, street paving, or city park. Intangible costs include time spent by vol- unteer and paid community officials on animal -related issues, deterioration of relationships between neigh- bors, building appropriate medical support, citizens' concerns about neighborhood safety for children, JAVMA, Vol 218, No. 11, June 1, 2001 Vet Med Today: Canine Aggression Task Force 1733 homeowners' insurance costs within the community, and animal shelter support for unwanted pets. These are quality of life issues that ultimately determine the desirability of a community to its citizens and that can motivate proactive community officials to institute a prevention program. This program Reducing the incidence of dog bites requires active community involvement; passive attention or a token commitment is not sufficient. By actively focusing on dog bite prevention, the State of Nevada was able to reduce the incidence of bites by approximately 15% b Members of the Task Force represented a broad range of disciplines and designed the program presented here. It was recognized that the community approach must be multidisciplinary and that different communi- ties will have different needs based on their level of commitment, preexisting programs, and available resources. Although the best results will be obtained by adopting the entire prevention program, the program is designed so that it may be adopted as a whole or in part. Either way, the goal remains to reduce the inci- dence of dog bites within communities and improve quality of life for their citizens. Multidisciplinary and Multi professional Groups It is unlikely that a dog bite prevention program will begin in a complete vacuum. Typically, some for- mal program is already in place under the auspices of animal control, the health department, or local law enforcement. Efforts may also be under way by other groups such as educators or dog breeders. It makes sense to identify related activities to determine what needs are not being met, find likely sources of support or resistance, and avoid duplication of effort and potential turf battles (Appendix 1): Identify dog bite issues in the comity Each community has a unique set of dog bite -relat- ed problems and its own approaches to confronting them. A central task is to identify these particular issues. The project begins by assessing the political landscape regarding dog bites and dog bite prevention. Before launching a program, it is useful to pinpoint the degree of current and potential support among corpo- rate and community leaders as well as legislators and senior staff in the dog bite prevention program's spon- soring agency. Recogpize hot buttons —Crafting a program is eas- ier if the objectives mesh with a highly visible commu- nity issue. For example, there may be public outcry about dog waste or a publicized dog attack. Such a sit- uation may provide impetus for a campaign to support licensing and leash laws or ordinances pertaining to reporting dog bites. When community groups and the media have already invested in finding a solution to the dog bite problem, program organizers can dovetail their efforts and work collaboratively with these groups. Community interest —Knowing the degree of sup- port that exists for a prevention program is important. The prior existence of a program suggests support, but this may not always be the case. The active support of a commissioner or health department head (local or state) is critical, because without his/her backing, a fledgling dog bite prevention program is vulnerable to shifting funding initiatives and political pressure. Public officials are influenced by vocal well -organized constituencies, so it is important to know what dog bite -related agendas are getting politicians' attention. It also helps to know whether any legislators have a strong interest in the dog bite issue. Dogs in the news —News accounts can provide clues as to how dog -related issues have played out over time. Compare these accounts with available statistical data and scientific assessments for reliability. Identify potential partners, allies, support, and fimd- ing sommes Determine which organizations in the community are likely to support program efforts or resist them. Some individuals and organizations will emerge as nat- ural allies; some old hands will be glad to work with a new partner in the dog bite prevention field, and some will actively welcome a new focal point for dog bite prevention activity. Learning about various entities and their interest and involvement in dog bite control can help answer questions in the following areas. Comity resources —Organizations, agencies, businesses, and individuals offering training, assis- tance, consulting, library or computer search capabili- ties, in -kind contributions, volunteer help, or supple- mental funding must be identified. Currently available data —Before launching a major effort to collect dog bite data, it is wise to deter- mine whether an assessment has already been done. Ask about reports related to injuries and costs from dog bites, surveys that include dog bite or dog owner- ship information, opinion surveys or other studies describing community perceptions about the need for dog bite prevention, and similar information. If possi- ble, find out what happened to existing assessments and related recommendations. Knowing the history of previous evaluation and prevention efforts will help in development of a new program. If an assessment has been done, determine whether methods and conclu- sions are sound. Legislation —It is important to know what inter- ventions (eg, leash laws, "dangerous" dog ordinances) have been previously introduced and their history of success. Individuals involved in these efforts may be valuable allies in new programs. In addition, current ordinances should be evaluated to determine whether enforcement or revision could increase their effective- ness. Barren Ownership of particular dog bite issues and potential turf battles should be confronted realisti- cally. In addition, it must be acknowledged that a dog bite prevention program may attract opposition from groups on philosophical grounds (eg, groups that strongly support personal freedom argue that the gov- 1734 Vet Med Today: Canine Aggression Task Force JAVMA, Vol 218, No. 11, June 1, 2001 ernment should not mandate licensing of dogs). Clubs for specific breeds may not be supportive if they fear their breed will be singled out in a negative way. Barriers can be overcome by a fresh approach to old problems or by agreeing to carve out areas of responsi- bility among interested groups. Typically, there are many more problems than there are organizations to tackle them, so it makes sense to avoid attacking simi- lar issues. Develop an advisory council Obtaining community input can be as sophisticat- ed as conducting public opinion surveys or holding focus groups to learn about what the community sees as pressing dog bite issues. More likely, there will be limited funds at the outset of the program, so more informal but also potentially valuable approaches may be required. These include meetings with potential partners and interested groups tolearn about their constituencies' concerns. This type of informal inter- view can be a great help in uncovering key dog -related issues as perceived by the community. Talking with people in neighborhoods most affected by dog bite problems is important. For example, if there is a prob- lem with dog bites in low-income neighborhoods, obtaining the views of people living there can help identify the nature of the problem and potential solu- tions. An advisory council or task force that represents a wide spectrum of community concerns and perspec- tives creates a source of support for program initiatives. Advisory groups provide guidance for a dog bite pre- vention program and may focus on specific high -prior- ity dog bite issues. Although organizing and maintain- ing an advisory council is labor-intensive, it can sub- stantially benefit the program. Members may be able to provide access to useful information that is not other- wise easy for the coordinator to obtain. Members can also identify ways in which the program can work with appropriate voluntary organizations and associations. People with experience in dog bite control can offer perspective about the program and help identify poten- tial pitfalls as well as successful strategies. Participation by members representing community organizations builds a sense of ownership in the dog bite prevention program. Logistics in starting an advisory council include identifying organizations and individuals that should participate (Appendix 1), determining the size of the council, establishing a structure and operating proce- dures for the council and its regular meetings, assign- ing staff support, determining the relationship between the staff and the council, and reaching an agreement about key tasks. When community members and gov- ernment officials work together to support the creation and development of a local task force, it enhances the group's visibility and impact. To foster an involved and active advisory council, professionals agree that several criteria must be met. The number of participants should be kept manage- able; 10 to 12 is a size that works well. If it is necessary to have more members for political reasons, breaking the group into smaller committees or working groups will improve the dynamics. For example, groups could coalesce around data issues, legislation and policy, and so on. Involving participants from the start in mean- ingful tasks will underscore that this is a productive group. In addition, people are more likely to support a program they participated in creating, because they have a sense of ownership. Because each community's needs and priorities dif- fer, the advisory council's major tasks will vary. The advisory council or one of its working groups may con- sider the following activities: ? coordinating efforts among participating organiza- tions ? developing an action plan ? establishing dog bite prevention priorities ? generating public and legislative support for dog bite control ? identifying dog bite reporting sources ? interpreting data ? identifying and obtaining resources for program activities (educational, financial, staffing) ? providing technical expertise for the program ? recommending goals and objectives for prevention It is recommended that the program be overseen by a paid coordinator. The program coordinator and other staff involved can contribute to the advisory council's success by good meeting planning and prepa- ration, regular communication with members, working with the advisory council chairperson to set the agen- da, and helping to solve problems that threaten to derail the process. As with any volunteer effort, a dog bite prevention advisory council is likely to thrive if the coordinator nurtures its members with regular expressions of appreciation. Infrastructure A coordinated effort is essential for success in any venture, and each individual or organization involved must have a clear sense of their/its responsibilities. Reducing the incidence of dog bites requires the coop- eration of many groups, including animal control agen- cies, the human and veterinary medical communities, educators, departments of health, and the local licens- ing authority. Open and consistent communication is an integral part of an effective program, and one entity should be designated as the coordinating agency. A log- ical coordinating agency would be the health depart- ment or animal control. In addition, it is imperative that an appropriate agency be granted authority to conduct investigations and make recommendations. Program coordinator As previously mentioned, dog bite prevention efforts should be assisted by a paid staff person. Because the diversity of input is so great, it is recommended that the office of the advisory council's program coordinator be located within the municipality's coordinating agency. Individuals, agencies, or organizations that come into contact with or are aware of a "dangerous" dog or risky situation should provide this information to the coordinator. The coordinator should then relay all information to the proper recipients. JAVMA, Vol 218, No. 11, June 1, 2001 Vet Med Today: Canine Aggression Task Force 1735 Animal control agencies Animal control officers are the frontline in con- trolling animal bites. A well-resourced animal control agency is vital for public health and safety within any community. In some communities, animal control is a stand-alone agency. In others it is administered through the local city or county health director or is a subsidiary of the local police department or sheriffs office. Wherever located, the functions of animal con- trol within communities are multiple, including: ? training of animal control officers and ancillary personnel ? licensing of dogs and cats ? enforcement of leash laws, ordinances, regula- tions, and statutes ? control of unrestrained and free -roaming animal populations ? investigation of animal bite -related incidents ? administration of rabies quarantine programs after an animal bites ? bite data management, analysis, and dissemination regulation of "dangerous" animals ? educational outreach within the community regarding responsible ownership, spay/neuter pro- grams, control of "dangerous" animals, rabies vac- cinations ? coordination of efforts Larger communities often possess more resources to properly fund animal control agencies and provide adequate staff' and training; however, smaller animal control programs can also be effective, even when they operate on a limited budget. Dedicated personnel can accomplish much if they have community support, including support from law enforcement and the judi- ciary. Preventive measmvs Preventive measures are designed to minimize risk and should be addressed by all communities. Control of mumtrained and free roaming ani- mals —Reasonable and enforceable laws or ordinances are required for good control of unrestrained or free - roaming animals (Appendix 2).18 Laws written to ensure that owned animals are confined to their prop- erty or kept on a leash make freeing a community of unrestrained and free -roaming animals easier. Although most dog bites occur on the property where the dog lives, unrestrained or free -roaming dogs do pose a sub- stantial threat to the public. Enforcement of restraint laws is, therefore, essential if the incidence of dog bites is to be reduced. It is important to protect animal own- ers by providing an adequate amount of time for them to claim animals that have been impounded. Because of economic constraints, the current standard in the industry is 3 working days; however, 5 days may be more reasonable to ensure successful owner -animal reunions. Control of unrestrained and free -roaming ani- mal populations requires an adequately staffed, trained, and funded animal control agency. Licensing of dogs —The primary benefit of licens- ing animals is identification, should that animal become lost. Licensing also ensures rabies vaccinations are current, allows quick identification in case of a bite incident, and provides revenue to help offset the costs of administering the animal control program. An effec- tive program can be a source of reliable demographic data as well. Vaccinations —Rabies vaccinations are normally a prerequisite for licensing dogs and cats, because they are an important control measure for a major public health concern. In addition to protecting pets, rabies vaccinations provide a barrier between infected wild animals and humans. Vaccination has reduced con- firmed cases of rabies in dogs from 6,949 in 1947 to 126 in 1997.19 Breed or type bans —Concerns about "dangerous" dogs have caused many local governments to consider supplementing existing animal control laws with ordi- nances directed toward control of specific breeds or types of dogs. Members of the Task Force believe such ordinances are inappropriate and ineffective. Statistics on fatalities and injuries caused by dogs cannot be responsibly used to document the "danger- ousness" of a particular breed, relative to other breeds, for several reasons. First, a dog's tendency to bite depends on at least 5 interacting factors: heredity, early experience, later socialization and training, health (medical and behavioral), and victim behavior.' Second, there is no reliable way to identify the number of dogs of a particular breed in the canine population at any given time (eg, 10 attacks by Doberman Pinschers relative to a total population of 10 dogs implies a different risk than 10 attacks by Labrador Retrievers relative to a population of 1,000 dogs). Third, statistics may be skewed, because often they do not consider multiple incidents caused by a single ani- mal. Fourth, breed is often identified by individuals who are not familiar with breed characteristics and who commonly identify dogs of mixed ancestry as if they were purebreds. Fifth, the popularity of breeds changes over time, making comparison of breed -spe- cific bite rates unreliable. Breed -specific ordinances imply that there is an objective method of determining the breed of a partic- ular dog, when in fact, there is not at this time. Owners of mixed -breed dogs or dogs that have not been regis- tered with a national kennel club have no way of knowing whether their dog is one of the types identi- fied and whether they are required to comply with a breed -specific ordinance. In addition, law enforcement personnel typically have no scientific means for deter- mining a dogs breed that can withstand the rigors of legal challenge, nor do they have a foolproof method for deciding whether owners are in compliance or in violation of laws. Such laws assume that all dogs of a certain breed are likely to bite, instead of acknowledg- ing that most dogs are not a problem. These laws often fail to take normal dog behavior into account and may not assign appropriate responsibilities to owners. Some municipalities have attempted to address notice and enforcement problems created by unregis- tered and mixed -breed dogs by including in the ordi- nance a description of the breed at which the ordi- 1736 Vet Med Today: Canine Aggression Task Force JAVMA, Vol 218, No. 11, June 1, 2001 nance is directed. Unfortunately, such descriptions are usually vague, rely on subjective visual observation, and result in many more dogs than those of the intend- ed breed being subject to the restrictions of the ordi- nance. Animal control legislation has traditionally been considered a constitutionally legitimate exercise of local government power to protect public safety and welfare. Breed -specific ordinances, however, raise con- stitutional questions concerning dog owners' four- teenth amendment rights of due process and equal pro- tection.20 When a specific breed of dog is selected for control, 2 constitutional questions are raised: first, because all types of dogs may inflict injury to people and property, ordinances addressing only 1 breed of dog appear to be underinclusive and, therefore, violate owners' equal protection rights; and second, because identification of a dogs breed with the certainty neces- sary to impose sanctions on the dog's owner is impos- sible, such ordinances have been considered unconsti- tutionally vague and, therefore, to violate due process. After a bite occurs It is important to have a well-defined postbite pro- gram in place to minimize physical and emotional pain for dog bite victims. This allows animal control per- sonnel to work efficiently, protects animals that are vic- tims of false allegations, and provides the judiciary with reasonable alternatives that address a variety of situations. State laws may dictate parts of this process. Investigation of animal bite -related incidents — Any animal bite or incident must be thoroughly inves- tigated and substantiated by an agent of the empow- ered investigating authority such as an animal control officer, police officer, or peace officer. Ideally, the inves- tigating authority should be the same authority that enforces related ordinances or laws to give continuity and credibility to all investigations. Investigating offi- cers must be given authority to perform their duties by statute or ordinance. Clear, concise, standardized information concerning the incident must be obtained to ensure its successful resolution and facilitate long- term data collection (Appendix 3). Postbite rabies quarantine program —A healthy dog that is currently vaccinated against rabies and that bites a human should be examined by a licensed vet- erinarian to determine its health status. If no signs of illness compatible with rabies are detected, the dog should be quarantined. The Centers for Disease Control and Prevention has set the quarantine period for dogs, cats, and ferrets at 10 days, including the day of the bite. Vaccinated dogs can be allocated to 2 cate- gories: those that have bitten a member of the immedi- ate family and those that have bitten an individual out- side the immediate family. Home quarantine can be considered for vaccinated dogs that have bitten a mem- ber of the immediate family, assuming the owner can confine the dog in a manner that prevents further exposure. Vaccinated dogs that have bitten a human outside of the immediate family generally should be quarantined at the local shelter or veterinarian's office. At the end of the quarantine period, the dog should undergo a physical examination. In addition, interim evaluations are highly recommended. A dog that is not currently vaccinated against rabies and that bites a human should be considered a rabies suspect and be appropriately quarantined. Contact with the dog during the quarantine period should be strictly limited to individuals who have completed rabies pro- phylaxis and are up-to-date on serologic testing and booster vaccinations. Physical examinations should be conducted at the beginning and end of the quarantine period to determine the dog's health status. Quarantined dogs may be treated by a veterinarian, but rabies vaccines should not be administered to the dog until the quarantine period is complete. If at any time during the quarantine period the dog has signs of ill- ness compatible with rabies, it should be humanely euthanatized and samples submitted for rabies testing. Records of all bites must be kept, including infor- mation specifically identifying the dog and owner. These should be crosschecked with each incident for evidence of a chronic problem. Identification and regulation of "dangerous" dogs —Certain dogs may be identified within a com- munity as being "dangerous," usually as the result of a serious injury or threat. That classification, because it carries with it serious implications, should be well defined by law (Appendix 4). Any such definition should include an exclusion for justifiable actions of dogs. Procedures should be outlined that take into account the potential public health threat, are reason- able to enforce, and convey the seriousness of the situ- ation to the owner. Although animal control officers or their statuary counterparts are responsible for collect- ing information, a judge or justice will hear evidence from animal control officers and the dogs owner to determine whether that dog fits established criteria for "dangerousness." In some municipalities, a hearing panel comprising a cross section of private citizens hears alleged "dangerous" dog evidence and has been given the authority to declare a dog "dangerous" if deemed appropriate. Any declaration by a hearing panel, judge, or justice is subject to judicial review. A judge, justice, or hearing panel may promulgate orders directing an animal control officer to seize and hold an alleged "dangerous" dog pending judicial review. If a dog is determined to be "dangerous" by a judge, justice, or hearing panel, the owner of that dog is usually required to register the dog with the appro- priate health department or animal control facility. The judicial process may also require the owner to follow other rigid requirements, including but not limited to permanent identification of offending dogs, training and assessment of dogs and owners, and having offending dogs spayed or neutered. Because the judicial branch is such an integral part of any enforcement action, the judiciary must assist during formulation of "dangerous" dog laws. If the judiciary is involved, its members will be aware of the process that must be followed to declare a dog "dan- gerous." In addition, they will be aware of steps that have already been completed and the options available when a particular case reaches the courts. JAVMA, Vol 218, No. 11, June 1, 2001 Vet Med Today: Canine Aggression Task Force 1737 Bite Data Reporting Accurate and complete reporting of dog bites is an essential element of a bite prevention program. These reports are vital not only for case management and judicial review but for planning, implementing, and evaluating the status of the problem. Major goals of comprehensive dog bite data reporting include: ? accurately defining victim demographics to identi- fy populations at greatest risk for bites and allow targeting of educational efforts ? defining dog and owner characteristics associated with higher risk so that an actuarial approach to the dog bite problem is possible (this facilitates effective program planning and proper targeting of control measures) ? defining high risk geographic areas at city, county, or neighborhood levels so that limited resources for animal control and public education can be appropriately deployed ? establishing baseline data so that the impact of specific elements of the bite prevention program can be assessed ? providing an accurate, detailed, unbiased, objec- tive source of information for decision makers, media, and the public interested in the dog bite problem and its prevention ? providing critical information for proper manage- ment of dog bite cases What should be reported? At a minimum, a dog bite case should be defined as any medically -attended dog bite or any dog bite resulting in a report to an animal control or law enforcement agency. This would presumably cover those instances consuming public resources and would also include cases that may result in litigation. A number of data elements should be captured on a report form such that it is comprehensive in scope without placing unnecessary burdens on reporting agencies (Appendix 3). Fatal and severe dog attacks on humans have been associated with prior or concurrent attacks on pets or livestock, so it is important that communities also track those incidents. Maintaining records of incidents of menacing behaviors of owned dogs running at large in the community may be found useful in later legal actions. Who should report? The goal is to report any medically treated dog bite or any bite resulting in a report to, or response from, an animal control agency, humane society with animal control responsibilities, or law enforcement agency. Therefore, the primary sources of data should be: animal control or law enforcement agencies responding to a dog bite complaint health professionals attending to a bite injury (hospital emergency staff, urgent care facility staff, private physicians, school or camp medical staff, medical staff of other entities such as military bases or reservations, and veterinarians) Recognizing that many dog bites go unreported, a comprehensive program to assess dog bite incidence should consider possible secondary sources of data. These may include: ? anonymous surveys of high -risk populations (eg, school -age children) that may clarify the true extent of risk in a community ? anonymous surveys of the public (eg, phone sur- veys) that can help document the extent of bite injuries and provide a basis for estimating the ratio of unreported to reported bites ? reports from professionals including veterinarians, animal behaviorists, dog trainers, groomers, and kennel operators who are informed of a bite incident (mandating that any or all of these professions report bites may be unrealistic given the potential legal consequences of identifying an animal as a biter) Reporting mandates are often inconsistent between jurisdictions or are poorly enforced. Current local and state reporting regulations should be reviewed, as should directives from health or veteri- nary officials. If current provisions are adequate, it may be necessary to implement procedures to reeducate professionals concerning their reporting obligations and periodically remind them of these obligations. When a failure to report is uncovered, it may be an opportunity to gain the attention of the professional, because sanctions may be imposed. Who should receive reports? Reporting should be coordinated by one agency. Logical agencies to coordinate reports include animal control or the public health department. The coordi- nating agency, perhaps through the dog bite prevention program coordinator, must assume responsibility for maintaining all information and disseminating that information to other appropriate individuals or agen- cies (eg, veterinarians, physicians, the dog owner, and those involved in follow-up educational efforts). To insure consistency and compliance, regulations or procedures should unambiguously state to whom reports should be submitted and within what time frame the reports should be submitted. Data mkt, analysis, interpretation, and dis- semination Because multiple sources may report the same case, procedures should be in place to permit combi- nation of data from multiple sources into a single report. Avenues should be developed for electronic submission of reports to assist in rapid response, to streamline reporting to higher levels of government, and to facilitate data analysis. Whereas disposition of individual incidents is the first goal for reporting, there is much to be learned from looking at the overall pic- ture. Keeping information in an electronic database simplifies the latter. Data should be reviewed at regular intervals (no less than yearly) to determine whether the incidence and severity of dog bites is getting better, worse, or staying the same. Basic analysis consists of studying the characteristics of incidents, including: ? time —yearly trends, peak months, day of week, time of day. This can help with scheduling animal 1738 Vet Med Today: Canine Aggression Task Force JAVMA, Vol 218, No. 11, June 1, 2001 control services as well as dispatch and response planning. place —locating every incident on a map with a pin. Are there hot spots? This can help target high risk areas for future control. person —victims and animal owners: age, sex, race, size. Can they be targeted for education? dog —proportion of offenders by sex and breed, proportion running at large, proportion neutered, proportion with prior reported problems, history of rabies vaccinations, licensing history. Have these proportions changed over time? Successful evaluation and resolution of a commu- nity problem and accurate assimilation, evaluation, and use of quality data requires interactive assessment, feedback, and information exchange. City, county, and state public health practitioners, epidemiologists, and representatives of public health organizations (eg, the National Association of State Public Health Veterinarians, the Council of State and Territorial Epidemiologists, the Association of State and Territorial Health Officers, and the National Association of County and City Health Officials) can provide communities with considerable expertise in the acquisition and interpretation of dog bite data. Their participation should be encouraged. Education Education is key to reducing dog bites within a community. The list of those to be educated and those who may educate includes everyone who regularly comes into contact with dog owners and potential vic- tims (eg, veterinarians, veterinary technicians and assistants, animal control officers, animal behaviorists, dog trainers, humane society personnel, physicians, school nurses, public health officials, teachers, and parents). The purposes of this section are to educate city officials and community leaders about the role of vari- ous professionals in an educational program to reduce dog bites, provide starting references to ensure a core of knowledge for those professionals (Appendix 5), and assist in identification of the educational needs of various constituencies within a community. Public officials and commumity leaders Public officials and community leaders are the people to whom residents look for assistance with social problems. Their influence is important and well recognized. If a community dog bite prevention pro- gram is to gain public acceptance and be effective, community leaders must be well-informed about dog - related issues within their community and in general. Professionals Professionals from many backgrounds need to be involved in bite prevention programs. Their expertise is essential to making realistic decisions about what should and can be done to prevent or follow up on dog bite incidents and in recognizing what is normal or abnormal behavior for a dog. Several of these profes- sionals will likely be members of the advisory commit- tee, but all should be encouraged to be a part of a com- munity's efforts to decrease the impact of a dog bite problem. Many professions mentioned in this document are science -based. This means their members are used to making decisions on the basis of peer -reviewed data - supported information rather than gut feelings. This approach to decision making results in improved out- comes. Because the dog bite problem impacts so many different groups, networking between community leaders and professionals is important. The following sections describe ways that various professionals and community leaders can work together toward a com- mon goal. Vetednaians—Veterinarians are scientists trained for a minimum of 7 to 8 years and then licensed to diagnose and treat animal problems both medical and behavioral. Although most people think of veterinari- ans as performing animal vaccinations and surgical neutering, the practice of veterinary medicine includes all subdisciplines typically associated with human medicine. The study of animal behavior both normal and abnormal has become more important within the profession as animals have become more important to their owners. Dogs are now four -legged members of the family, rather than farm animals that help bring cows into the barn at milking time. With this change in the dog's role have come unrealistic owner expecta- tions about what constitutes normal behavior for a dog. Veterinarians can educate dog owners as to what behavior is normal, can help dog owners teach their dogs to respond appropriately in various environments and provide referrals to reputable dog trainers, and can assist owners with behavioral problems, including those that have a medical basis or are responsive to medication. Until recently, animal behavior was not often taught in veterinary curricula. Many veterinarians have had to acquire their knowledge of normal and abnor- mal canine behavior from continuing education pro- grams and professional textbooks. For this reason, dif- ferent veterinarians have different degrees of knowl- edge about behavior. All veterinarians, however, have access to board -certified veterinary behaviorists for help with behavioral problems beyond their expertise. Although the time, physical, and emotional demands of veterinary practice can be overwhelming and leave limited time to devote to a formal communi- ty prevention program, veterinarians can substantially impact prevention efforts through their professional contact with prospective and current dog owners. This contact should begin before the pet is acquired. Providing unbiased information on pet selection can help prevent inappropriate owner -dog pairings. Prospective dog owners often make spur-of-the- moment selections that are based on warm -and -fuzzy feelings and unrealistic expectations. Encouraging prospective dog owners to seek information from their veterinarian about the characteristics and needs of var- ious types of pets and encouraging future dog owners to ask for guarantees from puppy providers can mini- mize future problems. When owners take their newly JAVMA, Vol 218, No. 11, June 1, 2001 Vet Med Today: Canine Aggression Task Force 1739 acquired dogs to their veterinarian for an initial exam- ination and immunizations, the veterinarian has a sec- ond opportunity to provide these owners with good medical, nutritional, and behavioral advice 21 Finally, veterinarians can educate owners during their dogs' routine examinations (asking appropriate questions can reveal problems an owner may not have recog- nized) or when their dogs are evaluated for specific problems. Board -certified veterinary behaviorists —The American College of Veterinary Behaviorists (ACVB), an American Veterinary Medical Association -recog- nized veterinary specialty organization, certifies gradu- ate veterinarians in the specialty of veterinary behavior. To become certified, a veterinarian must have extensive postgraduate training, sufficient experience, and pass a credential review and examination set by the ACVB. Diplomates of this organization work with problem animals by referral from the animal's regular veterinar- ian, consult with practitioners on cases, and give con- tinuing education seminars on animal behavior. Although many communities may not have the benefit of a resident board -certified veterinary behaviorist, vet- erinarians have access to and may consult with their specialist colleagues when necessary. Veterinary technicians —Veterinary technicians are integral members of the veterinary health care team who have been educated in the care and handling of animals, basic principles of normal and abnormal life processes, and routine laboratory and clinical proce- dures. They perform many of the same tasks for veteri- narians that nurses and others perform for physicians. Veterinary technicians are often frontline people when it comes to educating pet owners, particularly in gen- eral veterinary practices; they greet clients and answer initial inquiries, clarify instructions, provide clients with appropriate print, audio, and video educational material, and answer questions. Certainly, they are an important part of the educational team when it comes to dog bite prevention. Like veterinarians, veterinary technicians have several opportunities to educate clients. Veterinarians may be consulted prior to owners acquiring a new pet, and veterinary technicians can help provide informa- tion on appropriate pet selection. Veterinary techni- cians regularly counsel owners during new puppy appointments, and this is a particularly good opportu- nity to provide owners with information on bite pre- vention, including the importance of socialization and training. Routine physical examinations are times when veterinary technicians can reinforce the impor- tance of these early lessons and training, and they can help veterinarians identify potential aggression prob- lems through observation and dialog with owners. Veterinary technicians can also be tapped to educate nonpet-owning children and adults through school or other programs. Veterinary technology programs do not always offer curricula in animal behavior and, consequently, many technicians do not have formal training in this area when they enter practice. Continuing education that includes basic principles of animal behavior is essential for veterinary technicians, just as it is for their employers. Maintaining a clinic reference library of appropriate print, audio, and video material for rein- forcement and enrichment and for client education is useful. Behavioral education for veterinary technicians relative to dog bite prevention should include recogni- tion of classic canine behavioral displays and an under- standing of the basic types of canine aggression and their prevention. The aim is to assist technicians in conveying dog bite prevention information to owners. Veterinary technicians must not be placed in the role of diagnosing or treating canine aggression. Animal bebannorists—There are a number of sci- entists with PhD degrees in academic fields related to animal behavior who can serve as valuable resources for communities attempting to reduce dog bite injuries. Because of their science -based backgrounds, they can be particularly helpful in setting up protocols to determine the extent of the problem within a com- munity and whether ongoing programs are having a substantial impact. As a note of caution, the terms animal behaviorist or animal psychologist are often used by individuals who do not have strong scientific backgrounds but who want to work with problem dogs. There is no method to evaluate the competence of these individu- als, and they may be more harmful than helpful to a community's efforts. Dog trainers —This is a diverse group of individu- als with no uniformly recognized credentialing body or measures of competence. Although there are many good dog trainers, there are also trainers that use inap- propriate methods of behavioral modification that can negatively affect a dog's behavior, making the dog more dangerous to the owner and the community. It is important that communities make a concerted effort to work with responsible trainers who interact closely with veterinarians and PhD-degreed animal behavior- ists. A qualified responsible dog trainer can be a valu- able asset to a community advisory group. Obedience training by itself does not prevent the development of behavior problems," and animals that are sent to a training facility may not learn how to obey their owners, because the owners do not learn how to give commands. For problem animals, training is only part of the solution. Physicians and nurses —With a dog residing in 1 of every 3 US homes and approximately 53 million dogs in the United States,'-',' exposure of the physician or nurse, their family members, or their patients to dogs during the course of daily life is inevitable. Dogs have become important members of many families, and the presence of a pet in the home can affect an individual's own decisions about care. Most physicians are familiar with at least 1 example of a person refus- ing hospitalization, because there was no one else in the home to care for their pet. Because 334,000 Americans are seen in emergency departments for dog bite injuries each year, 466,000 are seen in other medical practice settings, and 6,000 1740 Vet Med Today: Canine Aggression Task Force JAVMA, Vol 218, No. 11, June 1, 2001 are hospitalized,' it behooves human healthcare providers to acquaint themselves with community and personal strategies to prevent dog bites. Furthermore, just as occurrences of infectious diseases such as measles are reported to enable investigation of out- breaks and development of control measures to protect the public, dog bites must be reported so that cause and prevention can be addressed. Communities differ in their requirements for reporting, and practitioners must understand what is required in their area. Traditionally, when confronted with patients seek- ing care for dog bites, physicians and nurses have con- fined their roles to providing medical treatment. With the expanding roles of physicians and nurses, however, disease prevention has become an important issue. In addition to competently treating dog bites and their complications, healthcare providers need to be aware of critical roles they can play in reducing dog bite injuries. Advising patients about safe behaviors appears effective in preventing injury." zs Teaching children, parents, and patients who own dogs about proper behavior around dogs and responsible dog ownership is advisable given the frequency of human -canine con- tact in our society. Physicians can recommend contact- ing a veterinarian for pet selection information and advice if an individual or family is considering dog ownership, and for information about canine behavior and obedience training if a dog is already part of the family. Pediatricians provide age -appropriate injury prevention counseling during wellness visits.26 Dog bite prevention should be a part of this counseling. Dog safety tips can also be included in packets of mate- rials routinely sent home with new mothers. When a patient is being treated for a bite, an opportunity exists to prevent future injury by teaching bite -avoidance strategies. Probing into the circum- stances of the current bite may reveal which strategies should be emphasized. Taking advantage of teachable moments should be considered part of curative care. Consulting with a veterinarian may help human health care providers identify subjects they can address dur- ing postbite sessions. As witnesses to the health -related outcomes of dog bites, physicians and nurses are particularly credible sources of information and can be effective spokesper- sons. Pediatricians and nurses should be full partners in community efforts to reduce dog bite injuries. Animal conbml personnel —The staff of a well- resourced animal control program often includes an education coordinator who can train teachers, school nurses, and volunteers to become dog bite prevention educators within the community's school system (sim- ilar to volunteers in the McGruff crime prevention pro- gram presented to primary -school children). For ani- mal control personnel, job -related continuing educa- tion is important. Programs are available through the National Animal Control Association. Hie society/animal sheltedrescue gnmp per sonnel—Dog bite injuries have negative repercussions for dogs as well as people, and humane society/animal shelter/rescue group personnel must deal with these issues. Dogs causing severe injuries may be brought to humane facilities for rabies quarantine or euthanasia. Dogs that have threatened to bite or that have nipped may be surrendered to shelters or rescue groups, some- times without full acknowledgment by their owners." Shelter personnel are forced to decide which dogs can be placed in new homes and which are not suitable for adoption. Progressive organizations work with veteri- narians and animal control officers to educate their staff about safe dog handling and objective evaluation techniques. Record keeping and follow-up studies expand their knowledge base about what works in their community and what does not. Well -trained and dedicated humane society/animal shelter/rescue group personnel can be valuable community resources for public education as well. Public Public education is critical to the success of any dog bite prevention program, because half of all bites are inflicted by the family dog.27 Only about 10% of bites are inflicted by dogs unknown to the victim.'•" A public education effort must target a variety of individ- uals and age groups, and one individual should be assigned to integrate its components. If a special advi- sory council or task force is convened, its paid coordi- nator would be a logical choice to coordinate the pub- lic education effort. Alternatively, the public education coordinator could be a member of a municipal group such as the local health department, animal control agency, or board of education, or a member of a stake- holder group such as a humane society or veterinary association. Many educational programs targeted at various audiences exist and are included in the dog bite prevention resource list found on the American Veterinary Medical Association Web site (wwwavma.org). As new materials become available, they will be added to this resource list. Children —Children are the most common victims of serious dog bites. Seventy percent of fatal dog attacks and more than half of bite wounds requiring medical attention involve children.'-"' In addition, almost half of all children are bitten before 18 years of age. 27-' The most vulnerable youngsters are 5- to 9- year-old boys,'-'-' but smaller children can also be seri- ously injured.29 Dog bite injuries rank third only to bicycle and baseball/softball injuries as a leading cause of emergency admission of children to hospitals.' Children's natural behaviors, including running, yelling, grabbing, hitting, quick and darting move- ments, and maintaining eye contact, put them at risk for dog bite injuries. Proximity of a child's face to the dog also increases the likelihood that facial injuries will occur.'a-" Target group —The first step in a child education effort is determining what population of children to target and when. The logical primary audience is those at greatest risk: children in grades kindergarten through 4. Late winter or early spring appears to be the best time to institute a campaign, because the school year is concluding and, as children spend more time outside, exposure risk increases.32 It is critical JAVMA, Vol 218, No. 11, June 1, 2001 Vet Med Today: Canine Aggression Task Force 1741 that school administrators buy into the concept of a dog bite prevention program; therefore, requests to the school district must be made by committed convinc- ing well -organized individuals. Because school curric- ula are crowded, time blocks for dog bite prevention education should be requested early within the school system's calendar year. If such a block of time is not available, an alternative is to have a veterinarian or physician present a 1-hour lecture or assembly pro- gram to the entire student body. Once dog bite pre- vention education has been included within the cur- riculum (or has been scheduled to be provided through a special lecture or assembly program), teach- ers, nurses, and volunteers should consider addressing the school's parent -teacher organization to inform par- ents of upcoming dog bite prevention training for their children. Secondary efforts —Secondary targets include chil- dren in other settings, such as early education pro- grams (eg, Head Start, day care centers, recreational centers, and camps). Identifying instructors —Who teaches the material will depend on expertise within the community. For classroom instruction, teachers who have had in-ser- vice training, school nursing staff, health educators, or trained volunteers are logical choices. Stakeholder groups (eg, veterinarians, veterinary technicians, ani- mal control officers, physicians, nurses, humane soci- ety staff) may provide a ready source of volunteers for classroom instruction and special programs. Adults —Adult citizens must understand the need for and support a strong dog bite prevention program not only for their own safety but for the safety of oth- ers in their community. It is this understanding that gives a prevention program long-term stability. All adults should learn appropriate behaviors around dogs so that they can protect themselves, teach their own children, serve as an example for others, and reinforce appropriate behaviors in other children at every oppor- tunity. Adults also serve as local eyes for animal control so that roaming dogs are controlled. Educational materials sent home with school chil- dren, distributed by pediatricians during well -child visits, inserted in public utility bills, and produced by an enlightened local media are all reasonable approach- es. Involving representatives of service organizations and community groups during a prevention program's planning and active stages will strengthen commit- ment. Active adults (eg, joggers, bicyclists, golfers) whose outdoor activities provide greater exposure to dogs are most at risk for injury. To reach these individ- uals, bite prevention information should be provided to local interest groups, recreational facilities, and health clubs. Target group —Primary adult targets within the community are those who have children and who are active in outdoor activities. Secondary efforts —Secondary targets include indi- viduals between the ages of 21 and 65 years. Identifying instructors —Materials can be developed or selected by animal control personnel, veterinarians, veterinary technicians, or other people knowledgeable about dog behavior. Information can be distributed through a number of channels such as those identified above. The elderly —As people age, they become more susceptible to injury and disease. Thinning skin increases risk of bruising, and a bite producing a sim- ple puncture wound in a younger individual can cause a severe laceration in a senior citizen. Sensory percep- tion decreases so that an elderly person may not see a threatening dog or may not be able to read its behav- ioral signals accurately. In addition, diminished motor skills mean that the elderly are less able to physically protect themselves or escape. Another concern for the elderly is that their beloved pet may not be trustworthy around their grandchildren. Dogs not raised around small children or not frequently exposed to them may not be social- ized toward them.' This increases the likelihood of aggressive behavior being directed toward these chil- dren. An educational program for senior citizens can be implemented in various settings. Materials may be pro- vided through community services for the elderly such as church groups, visiting nurse programs, meals -on - wheels, recreational centers, or travel groups. Secondary targets are shopping malls and the media. Uained volunteers, especially from dog -associated pro- fessions, are logical sources of information. Human healthcare professionals can be an important source of information for the elderly because of the frequency of their interactions. Target group —Primary targets are grandparents and people aged 60 years or older who have dogs in their homes. Secondary efforts —Secondary targets include other individuals who are at least 60 years old. Identifying instructors —Physicians can interact with these people during clinic visits. Animal control personnel, veterinarians, veterinary technicians, and people knowledgeable about dog behavior can select or produce resource information. Animal owners —People who own dogs have a wide variety of views about their responsibilities. For some, dog care means providing food and water when the thought occurs to them. At the other end of this spectrum is the person who actively makes sure the pet is appropriately fed, well -trained, licensed, and healthy. Some individuals view dogs as disposable items that can be abandoned at any sign of trouble or expense. Once a community establishes acceptable standards for responsible ownership, dog owners must be informed of these expectations and related ordinances, and rules must be enforced. Owners and future owners must be educated about their unique set of responsibilities, which include appropriate pet selection, providing quality nutrition, housing, and medical care, compli- ance with confinement and licensing requirements, 1742 Vet Med Today: Canine Aggression Task Force JAVMA, Vol 218, No. 11, June 1, 2001 appropriate behavioral training, and supervision of interactions between dogs and children. Citizens must understand that pet ownership is an ongoing responsi- bility, not a passive activity. Dog owners can be provided with information through various avenues. Veterinarians and their staff are logical educators and distributors. Local dog clubs and trainers provide services to more conscientious owners. Businesses that sell pet foods and supplies should also be encouraged to provide bite prevention materials to their customers. Information can be dis- tributed with utility bills, and animal shelters can pro- vide classes for people who are considering acquiring a pet. Incentives for attendance at bite prevention class- es could include reduced fees for licenses and coupons for vaccinations, food, and obedience classes. The most difficult group of dog owners to reach is those with minimal attachment to their pets. Although strong enforcement of local regulations will change some owners into former owners, most will continue to own dogs. Therefore, education should be an integral part of any enforcement program. A good working relation- ship with the judiciary is critical so that offenders of animal -related ordinances are required to take courses that emphasize responsible ownership. Target group —Primary targets are adults who already own dogs. Secondary efforts —Secondary targets are adults who are considering getting a new dog. Identifying instructors —Information for this target audience can come from various sources, and its distri- bution should be approached in a number of ways. Animal control officers and members of the legal pro- fession can describe what is expected regarding local regulations and the serious consequences if these reg- ulations are violated. Veterinarians and their staff can educate owners about vaccinations, neutering, restraint, and other health care issues. Dog club mem- bers and trainers can assist by providing socialization and training instruction and can help educate owners about being good dog -owning neighbors. Victims —When someone becomes a dog bite vic- tim, a teachable moment is created. How useful that moment becomes in preventing future incidents depends tremendously on the seriousness of the bite and the fear response of the victim. Scare -producing or threatening events are good times for dog bite preven- tion information to be conveyed. However, the time surrounding a serious injury is generally too emotion- ally charged to be of value for dog bite prevention edu- cation. Who provides information to victims depends, in part, on who is contacted about the incident. In addi- tion to medical personnel, animal control's investiga- tive efforts usually require a home visit. Routine visits to a physician should include gathering historical information about the patient's interactions with dogs to identify patients who would benefit from additional education. Media stories that reinforce correct approaches to prevention can also touch many when they are most receptive. Target group —Individuals who have recently been bitten by a dog seriously enough to require medical attention but not so seriously as to have sustained severe injuries are the primary target. Secondary efforts —Secondary targets are individu- als who have been bitten by a dog in the past. Identifying instructors —Medical professionals and animal control personnel are the individuals who encounter this group. Businesses —Community businesses need to address dog bite prevention as well. Certain businesses (eg, veterinary clinics, grooming and boarding facili- ties, animal control, pet sitting agencies) revolve around direct contact with dogs, and employee educa- tion is critical from a safety and liability standpoint. Employees of other businesses will occasionally encounter dogs in the course of their daily job activi- ties (eg, utility workers, police officers, parcel carriers, and emergency medical technicians). Training con- ducted by an animal control officer or other knowl- edgeable professional may provide employees with the tools they need to safely handle contacts with at -large animals, attack/guard dogs, or dogs who simply reside on the premises of those facilities where they do busi- ness. Target group —Primary targets are employees and business owners who will be working with dogs on a daily basis. Secondary efforts —Employees of companies who are likely to encounter dogs in their daily business activities can be considered secondary targets. Identifying instructors —Animal control personnel, veterinarians, veterinary technicians, and dog trainers who are experienced at dealing with dogs in a variety of environments. These individuals will need to cus- tomize presentations to the type of situations most likely encountered by the target audiences. Media The local media play an important role in a com- munity's efforts at bite prevention. For this reason, it is suggested that 1 member of the advisory council or task force be a media representative. In addition, the advisory council can be proactive in helping the media convey important and appropriate messages. Sensational events provide an opportunity to convey important messages. Regular features can reinforce principles and keep educational efforts flowing. Know the media Your key to the public eye and ear is a selective up- to-date list of local media contacts who have an inter- est in animal issues. Such a list can be developed by undertaking a comprehensive media survey. Check the local library for publications that list names, telephone numbers, and short descriptions of your community's media outlets. Call each office or studio to discover which desks or departments should receive your inquiries and press releases. Read local newspapers and listen to local radio and television news and feature JAVMA, Vol 218, No. 11, June 1, 2001 Vet Med Today: Canine Aggression Task Force 1743 programs to identify reporters and hosts who address animal issues. Finding out whether these individuals gather their own news or use wire services will allow you to target press releases and materials to those who are most likely to use them. Contact local freelance writers to see whether they would be willing to feature a bite prevention message in an upcoming piece. Be aware that your media list will be dynamic, and take time to update the names of specific contacts. Once a helpful story is published, or a reporter conveys your message during a broadcast, be sure to acknowledge that effort by sending a thank -you note or making an appreciative telephone call. A spokesperson The community should identify a spokesperson who has the expertise to address complicated dog bite - related issues, and this individual should be provided with media training so that he/she becomes an effective communicator with the print and broadcast media. It is the spokesperson's responsibility to convey information clearly, accurately, and promptly. In various situations, this individual can identify when there are not enough animal control officers to prevent dog packs from form- ing or when a dog has been "sicced" on a person as a weapon. A knowledgeable and effective communicator can turn a publicized bite into a learning opportunity by providing suggestions on how that bite could have been prevented (eg, the dog was not appropriately con- trolled or confined, or a child was left unsupervised). Have information readily available The advisory council or task force should create a 1-page fact sheet for use by the media and the spokesperson. This fact sheet should include the num- ber of dog bite incidents occurring in the community during the past year, the number of dogs in the com- munity, the number of licensed dogs in the communi- ty, what local laws govern dog ownership and control, and to whom problems should be reported. A list of community resources should also be available. Ways to effectively convey information Because animal stories are popular with the media, there are numerous opportunities to convey bite pre- vention information. Local broadcast programs and newspapers find regular segments about animals pop- ular with viewers/listeners/readers, and most of those spots have enough time for short lessons. Another approach is to proactively bring animal stories to the media. Examples include a story about a shelter dog that visits nursing homes after being rescued and appropriately trained, a description of a guide or "hero" dogs training, or warm -weather tips for pets. Effective mechanisms for providing information vary with the medium but include: News releases —Releases may be provided to print, radio, or television outlets. Releases should be double-space typed on stationery that provides the source of the announcement (ie, the advisory council or task force). Include the subject of the news release and contact information in the upper left corner. The mailing date of the release should be indicated along the right margin. The release should be written in inverted pyramid style, placing the most important information at the beginning. Releases should be limit- ed to 1 page if possible. Interviews —Interviews may be conducted by print, radio, or television reporters or hosts and, in the case of television and radio, may be live or taped. The individual being interviewed must be an excellent com- municator and intimately familiar with dog bite issues and prevention. The interviewee may request a prein- terview to get a grasp of the direction of the interview. It is advisable to tell the interviewer which issues you would definitely like to see addressed. Answers should be structured according to the program's time limits. Talk shows —Most of the principles that apply to interviews also apply to talk shows, but in this situa- tion there usually will be interaction with guests (who often hold opposing views), potentially with an audi- ence, and with the host. Running through mock dis- cussions prior to participation is helpful. Responses to questions or comments from those with opposing views should always be factual, sincere, and polite. Public affairs programs —Many stations air 2 or 3 programs a week in which the station's news staff or station management interview a newsmaker, a spokesperson from an activist group, or a public rela- tions representative from an industry. Issues in the news are often addressed by such programming. These provide a good opportunity to make your community aware of bite prevention efforts and to elicit support. Access to these programs may be requested by sending a letter to the station manager. Bulletin board and community announcements — Many local television stations donate air time to announcements of community events. These are often broadcast in calendar format. This is an easy way to publicize educational events and responsible pet own- ership classes. Editorials —Editorials are used by print, radio, and television reporters to present their views on issues of public interest. Prepared statements describing the advisory council's approach to dog bite prevention can be provided to reporters for use in preparing an edito- rial or may be provided if a reporter presents an oppos- ing viewpoint. Public service —Many radio and television stations donate time for public service aono (PSA); however, public service groups cannot specify when your PSA is to be aired. It is accept- able to suggest when you believe airing your PSA will be most effective. Most PSAs run for 30 to 60 seconds, although 10- and 20-second spots are also used. To mit- igate the costs associated with production, you may want to contact local stations to see whether they offer sponsored placements, in which local advertisers donate time for specific public service messages. Public service announcements may consist of script only, sight and sound (simple or complex), or 16-mm film or videotape. 1744 Vet Med Today: Canine Aggression Task Force JAVMA, Vol 218, No. 11, June 1, 2001 'See www.avma.org for additional and updated information. "Anderson RD, Nevada Department of Public Health, Reno, Nev: Personal communication, 1999. `National Center for Injury Prevention and Control. Resource guide- line for state and local injury control programs, in preparation. References 1. Beaver BV. Canine behavior: a guide for veterinarians. Philadelphia: WB Saunders Co, 1999. 2. Wise JK, Yang JJ. Dog and cat ownership, 1991-1998. JAm Yet Med Assoc 1994;204:1166-1167. 3. Center for Information Management. US pet ownership and demographics sourcebook. Schaumburg, Ill: American Veterinary Medical Association, 1997. 4. Sacks JJ, Kresnow M, Houston B. Dog bites: how big a prob- lem? Inj Prev 1996;2:52-54. 5. Quinlan KP, Sacks JJ. Hospitalizations for dog bite injuries. 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Jones BA, Beck AM. Unreported dog bites and attitudes towards dogs. In: Anderson RK, Hart BL, Hart LA, eds. The pet con- nection: its influence on our health and quality of life. Minneapolis: University of Minnesota, 1984;355-363. 28. Beck AM, Jones BA. Unreported dog bites in children. Public Health Rep 1985;100:315-321. 29. Thompson, PG. The public health impact of dog attacks in a major Australian city. Med JAust [serial online] 1997;167:129-132. Available at: http://www.mja.com.au. Accessed April 24, 2000. 30. Wright JC. Severe attacks by dogs: characteristics of the dogs, the victims, and the attack settings. Public Health Rep 1985;100:55-61. 31. Karlson TA. The incidence of facial injuries from dog bites. JAMA 1984;251:3265-3267. 32. Harris D, Imperato PJ, Oken B. Dog bites -an unrecognized epidemic. N YAcad Med Bull 1974;50:981-1000. 33. American Animal Hospital Association. Owner education is key to preventing pet behavior problems. Paw Prints 1995;Spring. 34. Arkow P. Animal control laws and enforcement. J Am Yet Med Assoc 1991;198:1164-1172. 35. Borchelt PL, Lockwood R, Beck AM, et al. Attacks by packs of dogs involving predation on human beings. Public Health Rep 1983;98:57-66. 36. Centers for Disease Control and Prevention. Dog -bite relat- ed fatalities United States, 1995-1996. MMWR Morb Mortal Wkly Rep 1997;46:463-467. 37. Hannah HW. Municipal animal control ordinances -some legal issues. JAm Yet Med Assoc 1998;213:38-39. 38. Hannah HW. Legal issues involved in the control of dan- gerous dogs. JAm Yet Med Assoc 1994;204:735-736. 39. Hannah HW. Dog -bite statutes. J Am Yet Med Assoc 1989;195:908-909. 40. Hannah HW. Veterinarians, dog bite statutes, and liability. J Am Vet Med Assoc 1981;179:662-663. 41. Lauer EA, White WC, Lauer BA. Dog bites: a neglected problem in accident prevention. Am JDJs Child 1982;136:202-204. 42. Lockwood R, Rindy K. Are "pit bulls" different? An analy- sis of the pit bull terrier controversy. Anthrozoos 1987;1:2-8. 43. Moss SP, Wright JC. The effects of dog ownership on judg- ments of dog bite likelihood. Anthrozoos 1987;1(2):95-99. 44. Podberscek AL, Blackshaw JK. Dog bites: why, when and where? Aust Vet Pract 1990;20:182-186. 45. AVMA animal welfare forum: human -canine interactions. J Am Vet Med Assoc 1997;210:1121-1154. 46. Segan DJ. When the dog bites: strategies for emergency management. The Physician and Sportsmedicine 1994;22:67-69. 47. Sosin DM, Sacks 1J, Sattin RW. Causes of nonfatal injuries in the United States, 1986. Accid Anal Prev 1992;24:685-687. 48. American Veterinary Medical Association. Zoonosis updates from the Journal of the American Veterinary Medical Association. Schaumburg, III: American Veterinary Medical Association, 1995. 49. AVMA Committee on the Human -Animal Bond. The veteri- narian's way of selecting a proper pet Schaumburg, Ill: American Veterinary Medical Association, 1986. 50. American Veterinary Medical Association. Dangerous ani- mal legislation (position statement). 2001 AVMA membership directo- ry and resource manual, 2000:86. 51. Beaver BV. Profiles of dogs presented for aggression. J Am Amur Hosp Assoc 1993;29:564-569. 52. Borchelt PL. Aggressive behavior of dogs kept as compan- ion animals: classification and influence of sex, reproductive status and breed. Appl Anim Ethol 1983;10:45-61. 53. Hart BL, Hart LA. Selecting pet dogs on the basis of cluster analysis of breed behavior profiles and gender. J Am Vet Med Assoc 1985;186:1181-1185. 54. Hart BL, Miller ME Behavioral profiles of dog breeds. JAm Yet Med Assoc 1985;186:1175-1180. 55. Hopkins SG, Schubert TA, Hart BL. Castration of adult male dogs: effects on roaming, aggression, urine marking, and mounting. JAm Vet Med Assoc 1976;168:1108-1110. 56. Horwitz D. Pet misbehavior: the human -animal bond at risk. Adv Small Anim Med Surg 1998;11:1-3. 57. Landsberg GM. The distribution of canine behavior cases at three behavior referral practices. Vet Med 1991;Oct:1011-1018. 58. Landsberg B, Hunthausen W, Ackerman L. Handbook of JAVMA, Vol 218, No. 11, June 1, 2001 Vet Med Today: Canine Aggression Task Force 1745 behaviour problems of the dog and cat. Boston: Butterworth - Heinemann, 1997;129-150. 59. Lund JD, Vestergaard KS. Development of social behaviour in four litters of dogs (Canisfamiliarls). Acta Vet Scand 1998,39:183-193. 60. Mathews JR, Lattal KA. A behavioral analysis of dog bites to children. Dev Behav Ped 1994;15:44-52. 61. Neilson JC, Eckstein RA, Hart BL. Effects of castration on problem behaviors in male dogs with reference to age and duration of behavior. JAm Vet Med Assoc 1997;211:180-182. 62. Netto WJ, Planta DJU. Behavioural testing for aggression in the domestic dog. Appl Anim Behav Sci 1997;52:243-263. 63. O'Farrell V, Peachey E. Behavioural effects of ovariohys- terectomy on bitches. J Small Anfin Pract 1990;31:595-598. 64. Overall K. When dogs bite: what you don't know can kill dogs. DVM Newsmagazine 1998;Apr:13S-20S. 65. Overall K. Clinical behavioral medicine for small animals. St Louis: Mosby, 1997;88-137. 66. Overall KA. Sex and aggression. Canine Pract 1996;20:16-18. 67. Overall K. Fearful aggression, anxiety case leads to inten- sive behavior modification protocol. DVM Newsmagazine 1995;May: 6S-10S. 68. Overall KL. Early intervention by owner can help prevent inappropriate play aggression. DVM Newsmagazine 1993;26(9):43. 69. Reisner IR, Erb HN, Houpt KA. Risk factors for behavior - related euthanasia among dominant -aggressive dogs: 110 cases (1989-1992) J Am Vet Med Assoc 1994;205:855-863. 70. Tan JS. Human zoonotic infections transmitted by dogs and cats. Arch Intern Med 1997;157:1933-1943. 71. Underman AE. Bite wounds inflicted by dogs and cats. Vet Clin North Am Small Anim Pract 1987;17:195-207. 72. Wright JC. Canine aggression: dog bites to people. In: Voith VI., Borchelt PL, eds. Readings in companion animal behavior Trenton, NJ: Veterinary Learning Systems, 1996:240-246. 73. Zoonotic diseases in the immunocompromised: roles of physicians and veterinarians. Am Assoc Food Hyg Veterinarians News- 0-Gram 1998;Nov/Dec:14-15. 74. American Veterinary Medical Association. People and ani- mals sharing the world. Schaumburg, Ill: American Veterinary Medical Association, 1993. 75. Fleisher GR. The management of bite wounds. NEngl JMed 1999;340:138-140. 76. Talan DA, Citron DM, Abrahamian FM, et al. Bacteriologic analysis of infected dog and cat bites. N Engl J Med 1999;340:85-92. Appendix 1 croups potentially invoivea in aog oite A model program for preventing dog bites begins with assembling a local coalition. Wide representation of community views on the coalition helps ensure sufficient Input and community acceptance of the program. Key play- ers include: ? animal control officials ? attomeys,judges ? business sector (eg, local business leaders, Insurance companies, pet stores) ? dog breeders and trainers ? educational system (eg, schools, parent -teacher organizations) ? health departments and public health associations ? humane societies ? human healthcare providers and associations (eg, nurses, pediatricians, community health centers, emergency medical service and ambulance companies, health maintenance organizations, hospitals, managed care organizations, medical associations, medical examiners' and coroners' offices, schools of medicine and public health, trauma centers) ? kennel clubs, dog clubs, assistance dog organizations ? law enforcement agencies ? local government officials ? media ? occupational safety organizations, agencies, and groups leg, firefight- ers, meter readers) ? veterinary care providers and associations, allied staff, clinics, schools of veterinary medicine and veterinary technology ? volunteer nonprofit organizations leg, boy/girl scouts; various °Y^s; 4-H clubs; chapters of the American Red Cross, Safe Kids, National Safety Council, and National Fire Protection Association; foundations; United Way; and civic groups [Kiwanis, Rotary]) ? other groups leg, sports recreation clubs [joggers, bicyclists], automo- bile clubs, extension offices) Continued on next page. 1746 Vet Med Today: Canine Aggression Task Force JAVMA, Vol 218, No. 11, June 1, 2001 Appendix 2 Model dog and cat control ordinance Originallyproduced and published jointlyby the American VeterinaryMedical Assoclatton, the American Humane Association, the Humane Society of the United States, and the Pet Food Institute In 1976. Modifications have been made from the original version to reflect updated US Public Laws, current titles of other referenced documents, and present favored terminology and definitions concerning 'dangerous' animals. Section 1. Definitions As used in this ordinance the following terms mean: Animal --For the purpose of this ordinance, animal shall mean drag or cat. Animal control authorityThe person or persons designated to enforce this ordinance. Animal establishment —Any pet shop, grooming shop, animal auction, performing -animal exhibi- tion, kennel or animal shelter, except this term shall not Include veterinary medical facilities, licensed research facilities, facilities operated by government agencies, or licensed animal dealers regulated by the USDA under the provisions of US Public Laws 89-544, 91-579, 94-279, 99-198, and 101-624. Animal shelter —Facility designated or recognized by the [jurisdiction]' for the purpose of Impounding and caring for animals. At large —A dog or cat shall be deemed to be at large when off the property of the owner and not under restraint. Humane manner —Care of an animal to Include, but not be limited to, adequate heat, ventilation and sanitary shelter, wholesome food and water, consistent with the normal requirements and feedings habits of the animal's size, species, and breed. Kennel —An establishment kept for the purpose of breeding, selling, or boarding dogs or rats or engaged in training dogs or cats. Licensing authority —The agency or department of (jurisdiction] or any designated representative thereof charged with administering the issuance and/or revocation of permits and licenses under the provisions of this ordinance. Livestock guarding dogs —Dogs kept for the primary purpose of protecting livestock from preda- tory attacks. Neutered -tendered permanently incapable of reproduction. Nuisance —A dog or cat shall be considered a nuisance if It: damages, soils, defiles, or defecates on private property other than the owner's or on public walks and recreation areas unless such waste is immediately removed and property disposed of by the owner: causes unsanitary, 'dangerous,' or offensive conditions; causes a disturbance by excessive barking or other noise making; or chases vehicles, or molests, attacks, or Interferes with persons or other domestic animals on public property. Owner —A person having the right of property or custody of a dog or cat or who keeps or harbors a dog or cal or knowingly permits a dog or cat to remain on or about any premises occupied by that person. Person —Any individual, corporation, partnership, organization, or Institution commonly recog- nized bylaw as a unit. Pet shop —An establishment engaged In the business of buying or selling, at retail, dogs or cats or other animals for profit -making purposes. Restraint —A dog or cal shall be considered under restraint if it is within the real property limits of Its owner or secured by a leash or lead or under the control of a responsible person. 'Dangerous' dog or cat —A dog or rat that withoutjustification attacks a person or domestic ani- mal causing physical injury or death, or behaves In a manner that a reasonable person would believe poses an unjustified imminent threat or serious injury or death to one (1) or more per- sons or domestic animals. Section 2 Licensing and rabies vaccination a. Except as provided in Section 3, no person shall own, keep, or harbor any dog or cat over four (4) months of age within [jurisdiction] unless such dog or cat is vaccinated and licensed. The provisions of this section do not apply to animals owned by a licensed research facility or held in a veterinary medical facility or government operated or licensed animal shelter. b. All dogs and cats shall be vaccinated against rabies by a licensed veterinarian, in accor- dance with the latest 'Compendium of Animal Rabies Prevention and Control` authored by the National Association of State Public Health Veterinarians and published annually in the Journal of the American VeterinaryMedical Assoclatton. c. A certificate ofvaccination shall be Issued to the owner of each animal vaccinated on a form recommended by the Compendium. Each owner shall also receive a durable vaccination tag Indicating the year in which it was Issued.t it. Application for a license must be made within thirty (30) days after obtaining a dog or cat over 4 months of age, except that this requirement will not apply to a nonresident keeping a dog or cat with the (jurisdiction] for no longer than sixty (60) days. Written application for a dog or cat license shall be made to the [licensing authority] and shall include the name and address of the owner and the name, breed, color, age, and sex of the dog or cat. Applicants also shall pay the prescribed licensing fee and provide proof of current rabies vaccination. e. The licensing period shall be for I year(s). License renewal may be applied for within sixty (60) days prior to the expiration date. New residents must apply for a license within thirty (30) days of establishing residence. I. A license shal I be issued after payment of a fee of $_ for each unneutered dog or cat and $_ for each neutered dog or cat.§ Persons who fail to obtain a license as required with- in the time period specified in this section will be subjected to a delinquent fee of $. g. License fees shall be waived for dogs serving the blind or deaf or government -owned dogs used for law enforcement. All other licensing provisions shall apply. h. Upon acceptance of the license application and fee, the [licensing authority] shall Issue a durable license tag Including an Identifying number, year of Issuance, city, county, and state. Both rabies and license tags must be attached to the collar of the dog or cat.I I Tags must be wom at all times and are not transferable. [Licensing authority] shall maintain a record of all licenses Issued, and such records shall be available to the [animal control authority]. Section 3. Permits a. No person shall operate an animal establishment without first obtaining a permit in compli- ance with this section b. Thepernitperiodshallbeginwiththefirstdayofthefiscalyearandshallrunforone(1)year. Renewal applications for permits may be made within sixty (60) days prior to the expiration date. Application for a permit to establish a new breeding animal establishment under the provisions of this ordinance may be made at any time. c. Annual permits shall be Issued upon payment of the applicable fee: 1. For each kennel authorized to house less than six (6) dogs or cats $ IL For each kennel authorized to house six (6) but not more than forty-nine (49) dogs or cats $ III. For each kennel authorized to house fifty (50) or more dogs and cats $ N. For each pet shop $ v. For other animal establishments $ d. A person who maintains a kennel of six (6) or more dogs or cats for breeding purposes may pay an annual permit fee or may elect to license individual dogs or cats as provided under Section 2. Every facility regulated by this ordinance shall be considered a separate enter- prise, requiring an individual permit. e. Under the provisions of this ordinance, no permit fee shall be required of any animal shelter. All other provisions shall apply. Any change in the category under which a permit is Issued shall be reported to the [licensing authority] within sixty (60) days, whereupon reclassifica- tion and appropriate adjustment of the permit fee shall be made. f. Failure to comply with the provisions of this section is subject to a fine of $_. Section 4. Issuance and revocation of permits and licenses a. The [appropriate authority] may revoke any permit or license if the person holding the per- mit or license refuses or falls to comply with this ordinance, the regulations promulgated by the [appropriate authority] or any other law governing the protection and keeping of animals. b. If an applicant is shown to have withheld or falsified any material information on the appli- cation, the [licensing authority] may refuse to issue or may revoke a permit or license. c. It shall be a condition of Issuance of any permit for an animal establishment that the Eappro- priate authority] shall be permitted to inspect any and all animals and the premises where such animals are kept at any reasonable time dudng normal business hours. Where a per- mit Is revoked for any cause, or pending appeal of any such action, the [appropriate author- ity] shall have power of entry on the premises and Into all areas where animals are being kept. A person denied a permit may not reapply for a period of at least thirty (30) days. Each reapplication shall disclose any previous denial or revocation and shall be accompanied by a $_ fee. Section 5.Owner responsibility a. All dogs and cats shall be kept under restraint. b. Every'dangerous" dog or cat, as determined by the [appropriate authority], shall be con- fined by Its owner within a building or secure enclosure and shall be securely muzzled or caged whenever off the premises of its owner. c. No dog or cat shall be allowed to cause a nuisance. The owner of every dog or cat shall be held responsible for every behavior of such dog or cat under the provisions of this ordinance. d. Failure to comply with the provisions of this section shall be subject to a fine of $_ e. Dog and cat owners shall ensure that their dog or cat carries identification at all times in the forth of microchip, tag, or other means to allow easy determination of the owners. L Livestock guarding dogs shall be exempt from nuisance regulations when performing duties protecting livestock on premises owned or controlled by the owner. Section 6. Impoundment a. Any dog or cat found running at large shall be Impounded by the [animal control authority] in an animal shelter and confined in a humane manner. Immediately upon Impounding a dog or cat, the [animal control authority] shall make every reasonable effort to notify the owner and inform such owner of the conditions whereby custody of the animal may be regained. Dogs and cats not claimed by their owners within a period of [five (5) full days]¶ in which the shelter is open to the public shall become the property of the (jurisdiction]. b. When a dog or cat is found running at large and Its ownership is verified by the [animal con- trol authority], the authority may exercise the option of serving the owner with a notice of violation In lieu of Impounding the animal. c. In the event that the [appropriate authority] finds dogs or cats to be suffering, It shall have the right forthwith to remove or cause to have removed any such animals to a safe place for care at the owner's expense or to euthanatize them when necessary to prevent further suf- fering. Return to the owner may be withheld until the owner shall have made full payment for all expenses so incurred. of Disposal of an animal by any method specified here in does not relieve the owner of Ilability for violations and any accrued charges. Section 7. Redemption a. Any animal impounded may be redeemed by the owner thereofwithinfive (5)days upon pay- ment of an Impoundment fee of $_ , provided that if any such animal has been previous- ly Impounded, the impoundment fee shall be $—. Payment of impoundment fees is not considered to be in lieu of any fine, penalty, or license fees. b. Any animal confined for rabies quarantine, evidence, or other purpose may be redeemed by the owner thereof upon payment of a fee of $—. c. No animal required to be licensed or vaccinated under this ordinance may be redeemed until provisions for such licensing have been fulfilled. Section & Adoption An adoption fee of $_ shall be assessed at the time of adoption. No dog or cat shall be released for adoption as a pet without being neutered or without a written agreement from the adopter guaranteeing that the animal will be neutered. Vaccination fees, licensing fees, and vet- erinary costs may be assessed above and beyond the adoption fee. Section 9.Interference No person shall Interfere with, hinder, or molest any agent of the [animal control authority] in the performance of any duty as herein provided. Any person violating this section shall be deemed guilty of a misdemeanor and shall be subject to a fine of not less than $_ or more than $_ . Section 10. Repeals (conflicting ordinances) All other ordinances of the [jurisdiction] that are in conflict with this ordinance are hereby repealed to the extent of such conflict. Section 11. Severabilily If any part of this ordinance shall be held Invalid, such part shall be deemed severable and the Invalidity thereof shall not affect the remaining parts of this ordinance. Section 12 Applicability This ordinance shall be in full force and effect upon the expiration of days after Its passage and publication. Section 13. Safety clause The [jurisdiction] hereby finds, determines, and declares that this ordinance is necessary for the Immediate preservation of the public health, safety, and welfare of the [jurisdiction] and the inhab- itants thereof. 'For all occurrences of [ ], communities should Insert their applicable agency. tThe organizations developing this model ordinance recommended that licensing tags show, in addition to the license number, the city or county and state In which the animal is registered. This helps to alleviate the problem of an animal being left unidentified or unclaimed because it has been transported from one state to another and has no reference to the Issuing city or county on the license tag. Mere blanks are found without Insertions, communities should Insert applicable fees or conditions. §Differential license fees for neutered animals serve as an incentive for responsible pet ownership. IlBreakaway collars are recommended when tags are affixed to collars worn by cats. tit Is recog- nized that holding periods will be determined to some degree by availability of facilities; however, it is important to ensure a reasonable opportunity for owners to reclaim their dog or cat. JAVMA, Vol 218, No. 11, June 1, 2001 Vet Med Today: Canine Aggression Task Force 1747 Appendix 3 Recommended data elements for reports of dog bites Data element Comment Notifications of dog attacks on humans... A card or telephone report to be submitted by those providing care to the human victim Name of victim Address of victim Telephone (home and work) Parent contact information (if a minor) Incident date and time Reported to whom Date and time of report Notifications of dog attacks on animals .. A card or telephone report to be submitted by those providing care to the animal victim Owner of victim Type of victim Address of owner Telephone (home and work) Incident date and time Name and address of owner or custodian of attacking dog Reported to whom Date and time of report For animal control investigations Agency information Case number Report date and time Incident date and time Who reported the case Report received by Location of incident Victim information Name Breed (If animal) Age and date of birth Sex Address Telephone (home and work) Parent contact information (if minor) Rabies immunization status (if animal) Owner Information Name Age and date of birth Sex Address Telephone (home and work) Data element Comment Dog Information Name Breed ........................Indicate by whose designation (eg, owner report, animal control officer, law enforcement officer). This is Important if breed data are to be interpreted. Sex Age Weight Reproductive status Name of veterinarian Rabies vaccination date Rabies tag number License number Microchip number Degree of confinement at time of bite Prior Incidents Obedience training Circumstances of the bite Victim account Owner's account Witness account (contact information) Number of dogs involved Injury information Location of injury Nature of injury Severity of Injury Animal disposition Quarantine location Date of quarantine Date to be released Quarantined by Euthanatized ..... Identifying different forms of confinement (eg, chaining, tethering, electronic fence) is important if risk associated with these practices is to be assessed. ....... Attacks by multiple dogs may account for 20 to 30% of incidents. Forms for these animals could be given case numbers with a special designation (eg, 123A, 123B). Continued on next page. 1748 Vet Med Today: Canine Aggression Task Force JAVMA, Vol 218, No. 11, June 1, 2001 Appendix 4 Model legislation for the identification and regulation of "dangerous" dogs Actions allowed by authorized persons prior to hearing 1. ]fan f any dog shall attack a person or domestic animal who was peaceably conducting himself in any place where he may lawfully be, any person, for the purpose preventing imminent Injury or further Injury, may use such force as is required to stop the attack. 2. A police officer or peace officer acting pursuant to his statutory duties may, where the threat of serious injury to a person or domestic animal is Imminent and unjustified, use such force as is required to prevent such injury. Definitions 1. a. "Dangerous dog" means any dog which without 1'ustification attacks a person or domestic animal causing physical injury or death, or behaves in a manner that a reasonable person would believe poses an unjustified imminent threat of serious injury or death to one or more persons or domestic animals. A dog's breed shall not be con- sidered in determining whether or not it is °dangerous." Further, b. No dog may be declared °dangerous" I. If the dog was protecting or defending a person within the immediate vicinity of the dog from an attack or assault; ii. If at the time the person was committing a crime or offense upon the property of the owner, or custodian, of the dog; III. If the person was teasing, tormenting, abusing or assaulting the dog, or in the past had teased, tormented, abused or assaulted the dog; iv. If the dog was attacked or menaced by the domestic animal, or the domestic animal was on the property of the owner, or cus- todian, of the dog; v. If the dog was responding to pain or injury, or protecting itself, Its kennels or its offspring; A If the person or domestic animal was disturbing the dog's nat- ural functions such as sleeping or eating. vii. Neither growling nor barking, nor both, shall alone constitute grounds upon which to rind a dog to be "dangerous." 2. "Attack" means aggressive physical contact initiated by the dog. 3. "Serious injury" means any physical injury consisting of broken bones or a permanently disfiguring laceration requiring either multiple stitches or cosmetic surgery. 4. "Domestic animal" means any animal commonly kept as a pet in family households in the United States, including, but not limited to dogs, cats, guinea pigs, rabbits and hamsters; and any animals commonly kept for companion or commercial purposes. Hearing procedure 1. Any person may make a complaint of an alleged "dangerous" dog as that term is defined herein to a police officer or peace officer of the appropriate municipality. Such officers shall immediately inform the complainant of his right to commence a proceeding provided for in Paragraph 2, Immediately below, and, if there is reason to believe the dog is a "dangerous' dog, the officer shall forthwith commence such proceeding himself. 2. Any person may, and any police officer, or peace officer acting within the scope of his statutory duties, shall make a complaint under oath or affirmation of an allege dangerous" dog as that term Is defined herein to any municipal judge orjustice. Thereupon, the judge orjustice, or hear- ing panel subject to judicial review, shall immediately determine if there is probable cause to believe the dog is a °dangerous" dog and, if so, shall issue an order to any police officer or peace officer pursuant to his statutory duties or animal control officer directing such officer to immediately seize such dog and hold same pending judicial determina- tion as herein provided. Whether or not the judge or justice, or hearing panel subject to judicial review, finds there is probable cause for such seizure, he shall, within five (5) days and upon written notice of not less than three (3) days to the owner of the dog, hold a hearing on the com- plaint. Where a dog is determined pursuant to clear and convincing evidence at a duly constituted hearing to be "dangerous," the judge or justice, or hearing panel subject tojudicial review, shall require the owner of said animal to reg- ister such animal (with the appropriate Health Department or animal control facility), and to provide prompt notification to (the appropriate Health Department or animal control facility) of any changes in the ownership of the an mal; names, addresses and telephone numbers of new owners; any change in the health status of the animal; any further instances of attack; any claims made or lawsuits brought as a result of further instances of attack; the death of the animal. In addition, the judge or justice, or hearing panel subject to judicial review, may require an yy or all of the following, but items 5, 6 and 11, or any one of them, may only be Imposed where there has been serious injury to a person. 1. Indoors, when not alone, the dog be under the control of a person eigh- teen (18) years or older. (Provisions for the dog to be outdoors must also be made. 2. Outdoors and unattended, the dog be kept within a locked fenced area from which it cannot escape. 3. When outdoors the dog must be attended and kept within a fenced area from which it cannot escape. 4. When outdoors the dog must be attended and kept on a leash no longer than six (6) feet and under the control of a person eighteen (18) years of age or older. 5. When outdoors the dog must be attended and muzzled. Such muzzle shall not cause Injury to the dog or interfere with Its vision or respiration but shall prevent It from biting any person or animal. 6. Outdoors and unattended, the dog must be confined to an escape -proof kennel of the following description: a. Such kennel shall allow the dog to stand normally and without restriction, and shall be at least two and one half (2.5) times the length of the dog, and shall protect the dog from the elements. b. Fencing materials shall not have openings with a diameter of more than two (2) inches, and in the case of wooden fences, the gaps shall not be more than two (2) inches. c. Any gates within such kennel or structure shall be lockable and of such design as to prevent the entry of children or the escape of the animal, and when the dog is confined to such kennel and unattend- ed such locks shall be kept locked. d. The kennel may be required to have double exterior walls to prevent the insertion of Fingers, hands or other objects. 7. Placement of a sign or signs of a description and in places directed by the judge or justice, advising the public of the presence and tenden- cies of said animal. 8. Attendance by the dog and its owner/custodian at training sessions conducted by a certified applied animal behaviorist, board certified vet- erinary behaviorist or other recognized expert in the field and comple- tion of training or any other treatment as deemed appropriate by such expert. The owners of the dog shall be responsible for all costs associ- ated with the evaluation and training ordered under this section. 9. Neutering or spaying of the dog at the owner's expense, unless med- ically contraindicated. 10. That the dog be permanently identified by tattooing or by I ecting an identification microchip, using standard veterinary pricelures and practices, identification number and the Identification of the person per- forming the procedure to be registered with the (appropriate health department or animal control facility) as indicated above. 11. The procurement of liability Insurance in an amount to be determined by the judge orjustice, but in no case in an amount of less than fifty thou- sand dollars ($50,000), covering the medical and or veterinary costs resulting from future actions of the dog (a determination of liability shall be made in accordance with the laws of the jurisdiction). This condition may not be imposed if it is shown that no such insurance is available for a reasonable premium. 12. If any of the above conditions ordered by a judge or justice, or hearing panel subject to judicial review, are not complied with, the owner shall be subject to a fine of not more than ten thousand dollars ($10,000). 13. If a further incident of attack occurs under such circumstances that the dog, after a hearing as described above, is determined to be a "danger- ous" dog, the judge or 1'ustice, or hearing panel subject to judicial review, may Impose or reimpose any applicable directives listed above; additionally, humane destruction of the dog may be ordered, but only where the further incident Involves serious Injury to a person. Appendix 5 Suggested reading for professionals (numbers correspond to cited references) Group Reference numbers Public officials and community leaders 4, 6, 8-9, 10, 12, 14-16, 18, 20, 27-28, 30, 32-47 Veterinarians 1, 4-10,12,14-16, 27-28, 30, 32, 35-36, 39, 41-73 Veterinary technicians 7.12, 16, 28, 43-45, 47, 50-57, 59,61, 63-64, 66-69, 74 Physicians and nurses 4-6, 8-10,12,14-15, 27-28, 30, 32, 35-36, 41, 43, 45-48, 60, 70-71, 73, 75-76 Humane society/animal shelter/ 4-6,10,12,14-15, 27-2B, 30, 35-36, 41-43, 51-55, 61, 66, 69,71 rescue personnel JAVMA, Vol 218, No. 11, June 1, 2001 Vet Med Today: Canine Aggression Task Force 1749 - Centers for Disease Control (CDC) & American Veterinary Medical Association (AVMA) Almost every proponent of breed -specific legislation relies on one ten year old study to make their case'. Both the CDC and the AVMA have warned that the findings of that study are not an argument for breed legislation of any kind. rifiolkiffmi "[The study] does not identify specific breeds that are most likely to bite or kill, and thus is not appropriate for policy -making decisions related to the topic ... There is currently no accurate way to identify the number of dogs of a particular breed, and consequently no measure to determine which breeds are more likely to bite or kill." "In contrast to what has been reported in the news media, the data ... CANNOT be used to infer any breed -specific risk for dog bite fatalities..." WHY DEBATE WHAT THE EXPERTS HAVE ALREADY CONCLUDED? THERE IS NO SCIENTIFICALLY VALID EVIDENCE AND NO REASONABLE ARGUMENT TO SUPPORT BREED -SPECIFIC LEGISLATION. q : Instead of discriminating against breeds, take responsibility for dog ownership and management practices. The CDC recommends "a community approach to dog bite prevention" that focuses on improving the quality of human -canine interactions and the care of all canine species. q aoa Android aop More Ju1y 21, 2015 7 Desktop Alerts ' Loa in Create Account Obama Comes Out Against Dog Breed -Specific Legislation, Joins The Fight For Pit Bulls The Huffington Post I By Arin Greenwood Posted: 08/20/2013 5:55 pm EDT I Updated: 08/21/2013 12:28 pm EDT Tails are wagging in Washington this week. Not only did the Obama family introduce Sunny the punnv to her adoring country, but the White House also came out against breed -specific legislation -- regulations and laws that restrict ownership of dogs by breed, pit bulls being the most common target. Groups like the American Bar Association have said for years that these sorts of restrictions do harm -- to families, to dogs, to due process and to the economy -- without actually improving public safety. Based on a statement that the White House put out about a week ago, it would seem that Obama agrees. "Breed -Specific Legislation Is a Bad Idea" begins the White House's official response to an online petition, signed by more than 30,000 people, asking for laws that target dogs by breed to be outlawed at a federal level. Obama's statement doesn't speak to federal legislative efforts. But, the White House does adopt the Centers for Disease Control and Prevention's community -based ideas for better methods of improving public safety: We don't support breed -specific legislation -- research shows that bans on certain types of dogs are largely ineffective and often a waste of public resources ... As an alternative to breed -specific policies, the CDC recommends a community -based approach to prevent dog bites. And ultimately, we think that's a much more promising way to build stronger communities of pets and pet owners. _ ....................... ........................................... __..................................... ................................................................. -.......................................................................................................................... Lisa LaFontaine, who is president of the Washington Humane Society (which received a donation from the Obamas in honor of Sunny the puppy) and a longtime opponent of breed -specific legislation, told The Huffington Post she thinks this statement will provide a big boost. "The White House is such a bully pulpit for important issues," she says, with her daughter's pit bull, Lila, napping nearby. "And certainly for them to come down against this type of discrimination I think will give pause to any communities that are thinking about putting something like this in place, and certainly will fuel the work that's already being done by advocates to overturn legislation that already exists ... It's a really happy day." Indeed, some advocates -- like those challenging a ban on pit bulls in Prince George's County. Md., about 20 miles from the White House -- are celebrating. Others are not quite as ready to give the president a belly rub. "I think it's the least he could do," says Rebecca Corry, an actress and comedian who's organizing the upcoming Million Pibble March on Washington, which is aimed at spreading public awareness about pit bulls, as well as protesting breed -specific legislation and encouraging federal money be spent on enforcement of animal abuse laws. "It should have been done a long time ago." Another complaint: widespread pit bull bans in U.S. military housing and other installations (read more about this in a White House petition that went up just after the White House issued its response to the first petition). "I really, really hope that the military takes note that the Commander in Chief has made this statement about there being no place for breed - specific legislation," says LaFontaine, who says that "there is nothing more difficult" than seeing families surrender well -loved pets due to -We don't support breed -specific legislation -- research shows that bans on certain types of dogs are largely ineffective and often a waste of public resources. In 2000, the Centers for Disease Control and Prevention looked at twenty years of data about dog bites and human fatalities in the United States. They found that fatal attacks represent a very small proportion of dog bite injuries to people and that it's virtually impossible to calculate bite rates for specific breeds. The CDC also noted that the types of people who look to exploit dogs aren't deterred by breed regulations -- when their communities establish a ban, these people just seek out new, unregulated breeds. And the simple fact is that dogs of any breed can become dangerous when they're intentionally or unintentionally raised to be aggressive. For all those reasons, the CDC officially recommends against breed -specific legislation -- which they call inappropriate. You can read more from them here. As an alternative to breed -specific policies, the CDC recommends a community -based approach to prevent dog bites. And ultimately, we think that's a much more promising way to build stronger communities of pets and pet owners. Let's end on a cute note (or three). Here's a picture of LaFontaine and Lila: Here's Corry's dog Angel, getting political during a recent visit to D.C.: And this, of course, is Sunny: State Laws The following 17 states prohibit their municipalities from passing breed -specific laws: Colorado, Florida, Illinois, Maine, Minnesota, New Jersey, New York, Oklahoma, Pennsylvania, Texas, Virginia, Massachusetts, Nevada, Connecticut, Rhode Island, Utah and South Dakota. States whose code is not reflected here have yet to officially codify the laws. One state, California, prohibits most breed -specific laws, but allows breed -specific spay/neuter. The state laws pertaining to breed -specific legislation are detailed below. CALIFORNIA CALIFORNIA CODES FOOD AND AGRICULTURAL CODE DIVISION 14. REGULATION AND LICENSING OF DOGS CHAPTER 9. POTENTIALLY DANGEROUS AND VICIOUS DOGS Article 5. Miscellaneous SECTION 31681-3168� 31683. Nothing in this chapter shall be construed to prevent a city or county from adopting or enforcing its own program for the control of potentially dangerous or vicious dogs that may incorporate all, part, or none of this chapter, or that may punish a violation of this chapter as a misdemeanor or may impose a more restrictive program to control potentially dangerous or vicious dogs. Except as provided in Section 122331 of the Health and Safety Code, no program regulating any dog shall be specific as to breed. CALIFORNIA CODES HEALTH AND SAFETY CODE DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL PART 6. VETERINARY PUBLIC HEALTH AND SAFETY CHAPTER 7. SPAY/NEUTERAND BREEDING PROGRAMS FORANIMALS SECTION 122330-122.T11 12233o. The Legislaturefinds and declares all ofthefollowing: (a) Uncontrolled and irresponsible breeding of animals contributes to pet overpopulation, inhumane treatment of animals, mass euthanasia at local shelters, and escalating costs for animal care and control; this irresponsible breeding also contributes to the production of defective animals that present a public safety risk. (b) Though no specific breed of dog is inherently dangerous or vicious, the growing pet overpopulation and lack of regulation of animal breeding practices necessitates a repeal of the ban on breed -specific solutions and a more immediate alternative to existing laws. (c) It is therefore the intent of the Legislature in enacting this chapter to permit cities and counties to take appropriate action aimed at eliminating uncontrolled and irresponsible breeding of animals 122331. (a) Cities and counties may enact dog breed -specific ordinances pertaining only to mandatory spay or neuter programs and breeding requirements, provided that no specific dog breed, or mixed dog breed, shall be declared potentially dangerous or vicious under those ordinances. (b) Jurisdictions that implement programs described in subdivision (a) shall measure the effect of those programs by compiling statistical information on dog bites. The information shall, at a minimum, identify dog bites by severity, the breed of the dog involved, whether the dog was altered, and whether the breed of dog was subject to a program established pursuant to subdivision (a). These statistics shall be submitted quarterly to the State Public Health Veterinarian. COLORADO Colorado Revised Statues Title 18 Criminal Code Article 9 Offenses Against Public Peace, Order, and Decency Part 2 Cruelty to Animals 1.$-a-204.5. Unlawful ownership of dangerous dog_ (5) (a) Nothing in this section shall be construed to prohibit a municipality from adopting any rule or law for the control of dangerous dogs; except that any such rule or law shall not regulate dangerous dogs in a manner that is specific to breed. (b) Nothing in this section shall be construed to abrogate a county's authority underpart 1 of article 15 of title 30, C.R.S., to adopt dog control and licensing resolutions and to impose the penalties set forth in section 30-15-102, C.R.S.; except that any such resolution shall not regulate dangerous dogs in a manner that is specific to breed. (c) No municipality or county may destroy or dispose of a dog that is awaiting destruction or disposition as ofApriI 21, 2004, in connection with a violation or charged violation of a municipal or county ban on one or more specific dog breeds. Colorado state law was amended to prohibit BSL in 2004. However, some municipalities in Colorado have passed and enforced BSL by claiming home rule status. Home rule exceptions? Yes. Home rule cities may pass breed -specific laws using home rule justification. 5 National Canine Research NCRCCouncil New Study Explains Why Breed Specific Legislation Does Not Reduce Dog Bites Important article now available from JAVMA website. October 1, 2010 -- For years, evidence has mounted that breed specific legislation (BSL) fails to reduce dog bite incidents. The data supporting this conclusion has come from cities and counties all over North America, and from four European countries. An insightful new analysis, recently published in the Journal of the American Veterinary Medical Association, explains why BSL has consistently failed to reduce dog bites. The authors, Gary J. Patronek, VIVID, PhD, and Amy Marder, VMD, CAAB, of the Center for Shelter Dogs, Animal Rescue League of Boston; and Margaret Slater, DVM, PhD, of the ASPCA, have applied one of the most valuable and well - recognized tools of evidence -based medicine to this question. Number needed to treat (called NNT) measures the effectiveness of new medicines or treatments. It asks the question: How many patients have to take the medicine or get the treatment in order for one patient to avoid a bad outcome? The fewer patients that have to be treated in order to avoid a bad outcome, the more effective scientists consider a medicine or treatment to be. But what if we had to treat thousands of patients to avoid even one bad outcome? Would we bother with a new medicine if the number of people we needed to treat to prevent one bad outcome, was 10,000? If we could only identify 9,900 people suffering from the disease, we could not treat enough people with the new medicine to be sure that even one of them would avoid the dreaded symptom. This is precisely the result that Patronek and his colleagues obtained when they applied this evidence - based method to estimating how many dogs a community would have to ban to prevent a single, serious dog bite. They called their mystery number the number needed to ban (NNB). Using dog bite injury data from the Centers for Disease Control, the State of Colorado, and other, smaller jurisdictions, along with guestimates of the population of various breeds or kinds of dogs, the authors calculated the absurdly large numbers of dogs of targeted breeds who would have to be completely removed from a community, in order to prevent even one serious dog bite. For example, in order to prevent a single hospitalization resulting from a dog bite, the authors calculate that a city or town would have to ban more than 100,000 dogs of a targeted breed. To prevent a second hospitalization, double that number. Page 12 Dog bite -related fatalities are so extremely rare that not even a state could ban enough dogs to insure that they had prevented even one. (Consider: in Denver, Colorado, after they banned "pit bull" dogs in 1989, they had another dog bite -related fatality in the Denver area, involving another type of dog.) Spain, Italy, Great Britain and the Netherlands have all reported that their breed specific regulations have not produced a reduction in dog bite incidents. The Toronto Humane Society surveyed health departments throughout the province of Ontario, and reported that the breed ban enacted in 2005 had not produced a reduction in dog bites. In Winnipeg, Manitoba, after the city banned one type of dog, dog bites actually rose, just involving other types of dogs. Reports from Denver, Colorado, Miami -Dade, Florida, Prince George's County, Maryland, and Omaha, Nebraska all tell the same story. While there is no scientific evidence that one kind of dog is more likely to injure a person than another kind of dog and BSL's documented record is one of ineffectiveness, BSL remains a policy that some find attractive. Patronek, Marder and Slater explain why. "It is our belief," they write in their conclusion, "that BSL is based largely on fear, and it has been emphasized that appeals to fear have their greatest influence when coupled with messages about the high efficacy of the proposed fear -based solution." The documented failures of BSL, now combined with the NNB analysis, can be marshaled to undermine such fear -based appeals. BSL proponents will be unable to show "high efficacy of the fear -based solution" or that BSL is rationally related to the public safety issues communities are typically attempting to address when implementing BSL. The complete article can be purchased from the Journal of American Veterinary Medical Association at hftp://avmalournals.avma.org/doi/full/l 0.2460/iavma.237.7.788 ' Patronek, G., Slater, M., Marder, A., "Use of a number -need -to -ban calculation to illustrate limitations of breed - specific legislation in decreasing the risk of dog bite -related injury," JAVMA, vol. 237, Number 7, October 1, 2010