2015 09 15 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, SEPTEMBER 15, 2015
3:00 P.M. CLOSED SESSION 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 LEGAL COUNSEL - ANTICIPATED LITIGATION SIGNIFICANT
EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OR (3) OF
SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9 (NUMBER OF
POTENTIAL CASES: 1)
CITY COUNCIL AGENDA 1
SEPTEMBER 15, 2015
3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION SIGNIFICANT
EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OR (3) OF
SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9 (NUMBER OF
POTENTIAL CASES: 2)
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. PRESENTATION BY THE LA QUINTA MOTORCAR DEALERS
CONSENT CALENDAR
NOTE: Consent Calendar items are routine in nature and can be approved by one motion.
1. MINUTES OF AUGUST 4, 2015
PAGE
FA
2. APPROVE DEMAND REGISTERS DATED AUGUST 7, 14, 19, 21 AND 28, 17
2015
3. RECEIVE AND FILE TREASURER'S REPORTS DATED JUNE 2015 57
4. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORTS DATED 73
JULY 31, 2015
5. ADOPT A RESOLUTION APPROVING AN AMENDED AND RESTATED 81
CONVENTION AND VISITORS BUREAU JOINT POWERS AGREEMENT
[RESOLUTION 2015-0391
6. SECOND READING AND ADOPTION OF ORDINANCE NO. 528 109
AMENDING SECTION 9.150.060 OF THE MUNICIPAL CODE (SPACES
REQUIRED BY USE) TO ALLOW FOR REDUCED NUMBER OF REQUIRED
CITY COUNCIL AGENDA 2
SEPTEMBER 15, 2015
PAGE
PARKING SPACES FOR PROPERTIES WITHIN THE VILLAGE
COMMERCIAL ZONING DISTRICT, AND CONFIRM A DETERMINATION
OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT SECTION 15061 (B)(3) REVIEW OF EXEMPTIONS -
GENERAL RULE
7. APPROVE AMENDED AND RESTATED EAST VALLEY COALITION 119
MEMORANDUM OF UNDERSTANDING TO INCLUDE CITY OF
COACHELLA AS A MEMBER
8. APPROPRIATE FUNDING AND AWARD CONTRACT TO GRANITE 139
CONSTRUCTION COMPANY FOR PAVEMENT MANAGEMENT PLAN
WASHINGTON STREET IMPROVEMENTS PROJECT
9. AUTHORIZE SIGNATURE ON AGREEMENT BETWEEN THE BOARD OF 147
SUPERVISORS OF RIVERSIDE COUNTY AND COACHELLA VALLEY
WATER DISTRICT FOR PURCHASE OF A TAX -DEFAULTED PROPERTY
WITHIN THE CITY OF LA QUINTA
10. ADOPT RESOLUTION TO EXTEND TIME TO COMPLETE ON-SITE 179
IMPROVEMENTS FOR CITRUS EL DORADO LOCATED SOUTH OF
AVENUE 50, WEST OF JEFFERSON STREET [RESOLUTION 2015-0401
11. ADOPT A RESOLUTION ESTABLISHING A SUBMITTAL REQUIREMENTS 187
BULLETIN AND ELIGIBILITY CHECKLIST FOR EXPEDITED SOLAR
PHOTOVOLTAIC PERMITTING [RESOLUTION 2015-0411
12. ACCEPT ADAMS STREET SIGNAL AND STREET IMPROVEMENTS 197
PROJECT
13. ACCEPT PERIMETER LANDSCAPING PROJECT COMPLETED ON CITY- 199
OWNED LOTS LOCATED ON AVENUE 52 BETWEEN DESERT CLUB
DRIVE AND AVENIDA NAVARRO
14. RATIFY PURCHASE OF DAIS TABLETOP FOR COUNCIL CHAMBERS 201
15. APPROVE ABATEMENT OF LA QUINTA CHAMBER OF COMMERCE 203
LEASE PAYMENTS FOR SEPTEMBER 2015 TO JUNE 2016
16. ADOPT RESOLUTION GRANTING CONDITIONAL APPROVAL OF FINAL 217
MAP ASSOCIATED WITH PARCEL MAP 36921, LOCATED ON THE
WEST SIDE OF ADAMS STREET AND CORPORATE CENTER DRIVE
[RESOLUTION 2015-0421
CITY COUNCIL AGENDA 3
SEPTEMBER 15, 2015
PAGE
BUSINESS SESSION
1. INTRODUCE ORDINANCE AMENDING SEVERAL CHAPTERS OF TITLE 10 225
OF THE MUNICIPAL CODE RELATING TO ANIMALS [ORDINANCE 5301
2. INTRODUCE AN ORDINANCE AMENDING, ADDING AND DELETING 275
VARIOUS CHAPTERS OF MUNICIPAL CODE TITLE 3 RELATING TO
REVENUE AND FINANCE [ORDINANCE 5291
3. ADOPT FOUR RESOLUTIONS SETTING POLICIES AND PROCEDURES 337
FOR PURCHASING AND CONTRACTING, DISPOSING OF SURPLUS
GOODS, PROCESSING CLAIMS AGAINST THE CITY, AND APPLYING FOR
AND ACCEPTING GRANTS [RESOLUTIONS 2015-043, 2015-044, 2015-045 AND
2015-046]
STUDY SESSION
1. SKATE PARK DEVELOPMENT OPTION 369
2. UPDATE ON WATER REDUCTION STRATEGIES FOR 2015/16 371
PUBLIC HEARINGS - NONE
DEPARTMENTAL REPORTS
1. CITY MANAGER
MAYOR'S AND COUNCIL MEMBER'S ITEMS
CITY COUNCIL AGENDA 4
SEPTEMBER 15, 2015
A. UPDATE ON PACE AND HERO PROGRAM
379
B. CALRECYCLE ELECTRONIC ANNUAL REPORT
383
C. LOBBYIST SERVICES REQUEST FOR PROPOSAL UPDATE
399
2.
CITY ATTORNEY
3.
CITY CLERK
A. UPCOMING EVENTS AND CITY CALENDAR
401
B. SET DATE FOR ANNUAL POLICE VOLUNTEERS' DINNER
405
4.
COMMUNITY DEVELOPMENT - CODE COMPLIANCE COMMUNITY
407
OUTREACH
5.
COMMUNITY SERVICES
A. DEPARTMENT REPORT - JULY 2015
409
B. LIBRARY AND MUSEUM QUARTERLY REPORT FOR APRIL
415
THROUGH JUNE 2015
6.
PUBLIC WORKS - DEPARTMENT REPORT - JULY AND AUGUST 2015
425
MAYOR'S AND COUNCIL MEMBER'S ITEMS
CITY COUNCIL AGENDA 4
SEPTEMBER 15, 2015
REPORTS AND INFORMATIONAL ITEMS PAGE
1. CVAG COACHELLA VALLEY CONSERVATION COMMISSION (Evans)
2. CVAG ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE (Evans)
3. CVAG EXECUTIVE COMMITTEE (Evans)
4. GREATER PALM SPRINGS CONVENTION & VISITORS BUREAU (Evans)
5. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans)
6. COACHELLA VALLEY WATER DISTRICT POLICY COMMITTEE (Evans)
7. SO. CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans)
8. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (Franklin)
9. COACHELLA VALLEY MOUNTAINS CONSERVANCY (Franklin)
10. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (Franklin)
11. SUNLINE TRANSIT AGENCY (Franklin)
12. CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE (Osborne)
13. CVAG PUBLIC SAFETY COMMITTEE (Osborne)
14. CVAG VALLEY -WIDE HOMELESSNESS COMMITTEE (Osborne)
15. DESERT SANDS SCHOOL DISTRICT COMMITTEE (Osborne & Franklin)
16. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (Osborne)
17. EAST VALLEY COALITION (Osborne)
18. ANIMAL CAMPUS COMMISSION (Pena)
19. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) (Radi)
20. CVAG TRANSPORTATION COMMITTEE (Radi)
21. PLANNING COMMISSION MINUTES DATED JULY 14, 2015 437
22. HISTORIC PRESERVATION COMMISSION MINUTES DATED MARCH 19, 441
2015
23. ARCHITECTURAL AND LANDSCAPING REVIEW BOARD MINUTES 443
DATED MARCH 18, 2015
ADJOURNMENT
The next regular meeting of the City Council will be held on October 6, 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, Teresa Thompson, Deputy 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 September 11, 2015.
DATED: September 11, 2015
TERESA THOMPSON, Deputy City Clerk
City of La Quinta, California
CITY COUNCIL AGENDA
SEPTEMBER 15, 2015
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
SEPTEMBER 15, 2015
CITY COUNCIL
MINUTES
TUESDAY, AUGUST 4, 2015
CONSENT: 1
A regular meeting of the La Quinta City Council was called to order at 3:02 p.m. by
Mayor Evans.
PRESENT: Councilmembers Franklin, Radi, Mayor Evans
ABSENT: Councilmember Osborne, Pena
MOTION – A motion was made and seconded by Councilmembers Franklin and Radi to
excuse Councilmembers Osborne and Pena from the meeting of August 4, 2015. The
motion passed unanimously. 3-0-2
PUBLIC COMMENT ON MATTERS NOT ON AGENDA - None
CLOSED SESSION
1. 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
2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (PURSUANT
TO GOVERNMENT CODE SECTION 54956.9(d)(1)) NAME OF CASE: WALKER V.
CITY OF LA QUINTA, RIVERSIDE COUNTY SUP. CT. CASE NO. INS1501295
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED ON THE
SOUTHWEST CORNER OF CALLE TAMPICO AND AVENIDA NAVARRO (APN:
773-076-018).
CITY NEGOTIATOR: FRANK J. SPEVACEK, CITY MANAGER
NEGOTIATING PARTY: KNICKERBOCKER ENTERPRISES, LLC.
UNDER CONSIDERATION: PRICE AND TERM OF PAYMENT FOR ACQUISITION
AND/OR DISPOSITION OF THE PROPERTY IDENTIFIED
COUNCIL RECESSED TO CLOSED SESSION AT 3:04 P.M.
MAYOR EVANS RECONVENED THE CITY COUNCIL MEETING AT 4:00 P.M. WITH
COUNCILMEMBERS FRANKLIN AND RADI PRESENT AND OSBORNE AND PENA ABSENT.
CITY COUNCIL MINUTES
AUGUST 4, 2015
7
CITY COUNCIL MINUTES 2
AUGUST 4, 2015
8
CITY COUNCIL MINUTES 3
AUGUST 4, 2015
9
CITY COUNCIL MINUTES 4
AUGUST 4, 2015
10
CITY COUNCIL MINUTES 5
AUGUST 4, 2015
11
CITY COUNCIL MINUTES 6
AUGUST 4, 2015
12
CITY COUNCIL MINUTES 7
AUGUST 4, 2015
13
CITY COUNCIL MINUTES 8
AUGUST 4, 2015
14
CITY COUNCIL MINUTES 9
AUGUST 4, 2015
15
16
CONSENT CALENDAR ITEM N0, 2
IIIA (W a
...... L IIII YtG
.....IIL., COLYNC.FIL.III; III; ...IIL.,FNGIu� September 15, 2015
...IIL., III III III III; III:: III III
IIIIIIIIIIIIPJIIII' I";IIII""I'llll 11111 m APPROVE DEMAND REGISTERS DATED JULY 31, AUGUST 7, 14, 19, 21,
AND 28, 2015
IIID.IIIIIIIIIICOMMIIIIIIIIIIIIII ""I":IIII':OIIPJ
Approve Demand Registers dated July 31, August 7, 14, 19, 21, and 28, 2015.
IIIIIIIIIICII StIMM lR - None
II:MIIII° ""I'
Demand of Cash:
-- City $ 36,686,949.70
-- Successor Agency of RDA $ 7,634.00
-- Housing Authority $ 4,682.50
-- Housing Authority Commission $ 125.00
36.699.391.20
I�3AQKQR01 i IIPJ IIII' IIPJ 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 July 25 through August 28, 2015.
Warrants Issued:
107822 - 107895}
$
5,344,400.77
107896 - 107975}
$
334,133.34
107976 - 108040}
$
1,282,540.16
10841}
$
150,239.32
108042 - 108108}
$
365,471.98
108109 - 108212}
$
618,899.31
Voids}
$
(163,355.25)
Wire Transfers}
$ 28,185,178.79
Payroll Direct Deposit}
$
465,069.11
Payroll Tax Transfers}
$ 116,813.67
36.699.391.20
In the amounts listed above, stale dated Check Nos. 103498, 105271, 101593 and
107876 were voided and re -issued. Check 107662 was voided due to the retention
amount payable to the contractor being revised. Check 102433 was also voided due to
the vendor not providing the contracted services on the scheduled date.
`r4
The most significant expenditures on the demand registers listed above are as follows:
Significant Expenditures:
Vendor: Account Name: Amount: Purpose:
Riverside County Sheriff Various $5,000,203.38 Feb-May Police Svc.
FY14/15 Rate Adj
FY14/15 Facility Exp.
Riverside County Sheriff Various $1,068,047.77 June Police Svc.
Granite Construction Construction $ 312,356.67 Adams Street
Doug Wall Construction Construction $ 150,239.32 Wellness Center
AVIR Electronic Sys. $ 80,997.75 Council Chambers
Electronic System
Tyler Technologies Machinery & Equip. $ 80,909.00 Jul15 -Jun16
Subscription
DSUSD School Officer $ 62,642.32 Apr-Jun School Officer
Burrtec Waste & Recycling Various $ 61,332.21 FY14/15 Property Tax
CV Rescue Mission CV Rescue Mission $ 50,000.00 Operations Support
Wire Transfers:
Sixteen wire transfers totaled $28,185,178.79. Of this amount,
$15,035,192.03 was for investment purchases; $12,228,041.77 to debt service payment;
$392,306.00 to CalPERS Unfunded Liability; $324,214.74 to Landmark for golf course
management; $104,555.76 to CalPERS for retirement costs and $86,902.93 to CalPERS for
health insurance premiums (see Attachment 2 for a full listing).
ALTERNATIVES
City Council may approve, partially approve, or reject the register of demands.
Report prepared by: Sandra Mancilla, Account Technician
Report approved by: Rita Conrad, Finance Director
Attachments: 1. Demand Registers
2. Wire Transfers
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21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
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CONSENT CALENDAR ITEM N0, 3
t : 1. a . uiµ..1t
C)....IIL., CMYNC.FIL. VIII; III; ...IIL.,INGIu� September 15, 2015
...IIL., III III III III; III:: III III
:ulll::l lll:' 11 :IC Ii 111..111:: RECEIVE AND FILE TREASURER'S REPORTS DATED JUNE 2015
III'::: QM NDN III::I 111:' ""'ll" ":IC: Q
Receive and file.
III::: i..J111:IC VIII:: 1.") 1 J NDN NDN AIII
• The Treasurer's Report, submitted to the Investment Advisory Board and City
Council for review, summarizes all cash and investments of the City, Successor
Agency, Housing Authority, and Financing Authority.
• The June Treasurer's Report reflects modifications to the City's investment
reporting to better reflect compliance with governmental accounting practices.
• There is sufficient investment liquidity and anticipated revenues available to meet
estimated expenditures.
::IC !.i: AIIL..:IC NDN III:A C IC - None.
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.
In order to better reflect compliance with governmental accounting practices, specifically
Governmental Accounting Standards Board (GASB) Statement 31, staff has made some
modifications to the Treasurer's Report. The City adheres to GASB 31 in the
Comprehensive Annual Financial Report (CAFR) but has not updated the Treasurer's
Report to also reflect GASB 31.
GASB 31 established fair value standards for investments by governmental entities in (a)
participating interest-earning investment contracts, (b) external investment pools, (c)
open-end mutual funds, (d) debt securities, and (c) equity securities, option contracts,
stock warrants, and stock rights that have readily determinable fair values. Attached is a
summary of GASB Statement 31 (Attachment 2).
1-W
The end result of implementing GASB 31 is that investments will no longer be presented
at amortized cost (amortization of premium/discount). Rather, investments will be
reported at fair value. Fair value is the amount at which a financial instrument could be
exchanged in a current transaction between willing parties. This value is updated
Over the past year, one of
financial software and bring various accounting reports up to date. Until the past few
months, the focus has been specifically on the budget document and the CAFR and now
attention is being given to investment reporting and management. Staff will be bringing
additional items for consideration related to investment management and reporting at
the next quarterly Investment Advisory Board meeting.
total size increased by $13.4 million in June; the month closed with an
ending balance of $129 million. Because of the timing of property tax disbursements,
June usually has much higher than average monthly receipts. The primary transactions
were:
An $11.7 million property tax payment from the County to cover enforceable
Receipt of the second of two annual property tax in-
the amount of $1.7 million.
-
from the County in the amount of $1 million.
$764,670 regular property tax payment.
In addition to the usual monthly personnel costs, larger payments that went out in
June were: a $1.2 million pass through payment to Burrtec Recycling; a $1 million
(for the
period of January 8 to February 4, 2015); and $289,428 to Landmark Golf
Management for contract golf course management services.
As previously discussed, a number of investment purchases settled in June:
Two Federal Home Loan Mortgage Company securities purchases of
$5 million each
One U.S. Treasury purchase of $5 million
58
Bank fees for the month of May were $1,034 and the sweep account earned $74 in
interest income.
Average investment maturity in June was 378 days as compared to 388 days in
May.
The overall portfolio performance of .53 percent
rate of .35 percent. At this time last year, the portfolio yielded .33 percent.
s the City to be over the
allowable percentage of funds to be invested in mutual funds. However, these funds are
investment policy.
Successor Agency funds of $11.7 million cannot be invested in long-term investments;
therefore, are only invested in
short term, the
Treasurer will invest in negotiable certificates of deposits, Government Sponsored
Enterprises securities, U.S. Treasuries and LAIF as needed.
ALTERNATIVES None.
Report prepared by: Rita Conrad, Finance Director
Report approved by: Frank J. Spevacek, City Manager
Attachments: 1Reports dated June 30, 2015
2. Summary of GASB Statement 31
59
60
ATTACHMENT1
61
62
63
66
67
City of La Quinta
Comparative Rates of Interest
June 30, 2015
City of La Quinta
Commercial Paper
Annualized EarningsAverageTreasury Bills/NoteThree Month
YearMonthPooled Cash Fiscal Agent OverallMaturity (days)Three Month Six Month One Year Two Year Non-FinancialLAIF Rate
FY 10/11July 20100.50%0.15%0.47%1190.16%0.20%0.30%0.63%0.28%0.53%
Aug 20100.49%0.15%0.46%1080.15%0.19%0.26%0.38%0.25%0.51%
Sept 20100.55%0.15%0.51%1070.16%0.19%0.27%0.38%0.24%0.50%
Oct 20100.55%0.15%0.51%880.13%0.17%0.23%0.38%0.23%0.48%
Nov 20100.53%0.15%0.49%840.18%0.21%0.28%0.50%0.23%0.45%
Dec 20100.57%0.14%0.52%2650.15%0.19%0.30%0.63%0.23%0.46%
Jan 20110.51%0.14%0.43%2060.16%0.18%0.28%0.63%0.24%0.54%
Feb 20110.55%0.17%0.46%2100.15%0.17%0.31%0.63%0.23%0.51%
Mar 20110.54%0.17%0.45%2180.05%0.13%0.26%0.75%0.23%0.50%
Apr 20110.59%0.17%0.48%1920.05%0.10%0.28%0.63%0.20%0.59%
May 20110.48%0.17%0.41%1560.06%0.12%0.20%0.50%0.16%0.41%
June 20110.53%0.00%0.35%1260.03%0.10%0.20%0.38%0.15%0.45%
FY 11/12July 20110.53%0.00%0.35%1120.07%0.12%0.15%0.20%0.14%0.38%
Aug 20110.60%0.00%0.38%1020.02%0.05%0.10%0.13%0.16%0.41%
Sept 20110.58%0.03%0.39%1240.02%0.06%0.09%0.13%0.14%0.38%
Oct 20110.53%0.03%0.35%1170.01%0.06%0.12%0.25%0.15%0.39%
Nov 20110.52%0.03%0.37%940.03%0.07%0.10%0.25%0.14%0.40%
Dec 20110.48%0.03%0.35%860.02%0.06%0.11%0.13%0.14%0.39%
Jan 20120.45%0.03%0.34%740.05%0.08%0.11%0.25%0.14%0.39%
Feb 20120.49%0.05%0.36%720.12%0.15%0.17%0.25%0.17%0.39%
Mar 20120.44%0.05%0.34%740.08%0.14%0.19%0.25%0.18%0.38%
Apr 20120.44%0.09%0.35%610.10%0.15%0.19%0.25%0.20%0.37%
May 20120.43%0.09%0.34%620.09%0.14%0.19%0.25%0.19%0.36%
June 20120.38%0.08%0.29%470.10%0.15%0.21%0.25%0.21%0.36%
FY 12/13July 20120.41%0.08%0.31%1120.11%0.15%0.18%0.22%0.22%0.36%
Aug 20120.41%0.08%0.29%310.11%0.14%0.20%0.25%0.20%0.38%
Sept 20120.43%0.09%0.33%340.11%0.14%0.18%0.25%0.20%0.35%
Oct 20120.47%0.10%0.36%220.13%0.16%0.18%0.25%0.19%0.34%
Nov 20120.48%0.10%0.36%1610.10%0.15%0.18%0.25%0.20%0.32%
Dec 20120.47%0.10%0.36%1370.08%0.12%0.16%0.13%0.20%0.33%
Jan 20130.44%0.10%0.34%1110.08%0.11%0.14%0.25%0.16%0.30%
Feb 20130.37%0.10%0.29%1050.13%0.14%0.15%0.25%0.17%0.29%
Mar 20130.39%0.09%0.30%1230.08%0.11%0.15%0.25%0.15%0.29%
Apr 20130.31%0.08%0.25%1860.05%0.08%0.14%0.13%0.12%0.26%
May 20130.30%0.06%0.23%1750.05%0.08%0.14%0.25%0.10%0.25%
June 20130.30%0.07%0.23%2120.05%0.09%0.16%0.38%0.10%0.24%
FY 13/14July 20130.28%0.07%0.21%3360.03%0.07%0.12%0.25%0.11%0.27%
Aug 20130.28%0.06%0.21%3030.03%0.06%0.07%0.14%0.09%0.27%
Sept 20130.30%0.07%0.23%3210.01%0.04%0.01%0.25%0.08%0.26%
Oct 20130.48%0.06%0.31%4270.05%0.08%0.16%0.25%0.11%0.27%
Nov 20130.49%0.06%0.31%4440.05%0.08%0.16%0.25%0.09%0.26%
Dec 20130.49%0.05%0.31%3960.07%0.09%0.14%0.25%0.09%0.26%
Jan 20140.44%0.05%0.32%3810.04%0.06%0.13%0.38%0.09%0.24%
Feb 20140.44%0.03%0.30%3570.05%0.08%0.12%0.25%0.10%0.24%
Mar 20140.44%0.02%0.30%3520.05%0.07%0.12%0.38%0.10%0.24%
Apr 20140.47%0.02%0.33%3680.02%0.05%0.11%0.45%0.10%0.23%
May 20140.49%0.02%0.35%3730.04%0.06%0.10%0.39%0.10%0.23%
June 20140.44%0.02%0.33%3100.04%0.07%0.11%0.50%0.10%0.23%
FY 14/15July 20140.45%0.02%0.34%3050.03%0.06%0.11%0.50%0.10%0.24%
Aug 20140.49%0.02%0.36%3130.03%0.05%0.11%0.50%0.11%0.26%
Sept 20140.50%0.02%0.36%3250.02%0.04%0.12%0.50%0.10%0.25%
Oct 20140.70%0.02%0.53%3230.02%0.06%0.10%0.38%0.10%0.26%
Nov 20140.52%0.02%0.37%3170.03%0.08%0.14%0.50%0.10%0.26%
Dec 20140.52%0.02%0.37%3040.02%0.07%0.18%0.50%0.13%0.27%
Jan 20150.49%0.02%0.36%2680.02%0.07%0.21%0.50%0.12%0.26%
Feb 20150.51%0.02%0.36%2690.02%0.08%0.21%0.50%0.12%0.27%
Mar 20150.52%0.02%0.37%2610.04%0.14%0.27%0.50%0.11%0.28%
Apr 20150.52%0.02%0.37%2480.02%0.07%0.25%0.50%0.10%0.28%
May 20150.50%0.02%0.35%3880.01%0.07%0.26%0.63%0.12%0.29%
June 20150.70%0.02%0.53%3780.02%0.09%0.30%0.63%0.14%0.30%
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ATTACHMENT2
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CONSENT CALENDAR ITEM N0, 4
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...IIL., III III III III; III:: III III
IIIIIIIIIIIIPJIIII': F1IIII""h'llll 11111 m RECEIVE AND FILE REVENUE AND EXPENDITURE REPORTS DATED JULY 31,
2015
IIII.IIIIIIIIII CO i i IIIIIIIIII IIPJ IIII': ""h":IIII':OIIPJ
Receive and file.
RIIII�KI!!!!!C[ I Stii i lR
Revenue and expenditure reports are submitted monthly for City Council review.
• The reports summarize the City's year-to-date (YTD) revenues and expenditures for
July 2015 (Attachment 1).
SC III M II ""h' None.
I�!MQKGRQI i IIPJ IIII': M II YS':IIII'S
Revenues
Below is a summary of the column headers used on the Revenue Summary Report All
Funds:
Original Total Budget -represents the revenue budget the Council adopted in June
2015 for Fiscal Year (FY) 2015/16.
Current Total Budget - includes original adopted revenue budget, plus carryovers,
from the prior FY and Council -approved budget amendments. The bulk of the
carryovers are related to Capital Improvement Project (CIP) matters. Each year
total CIP projects are budgeted; however, project length may span over multiple
years. Therefore, unfinished projects from the prior year are carried over (along
with associated revenue reimbursements).
Period Activity - represents actual revenues received in the reporting month.
Fiscal Activity - presents actual revenues collected YTD. For example, the July
report shows revenues collected in July in the Period Activity column, but revenues
collected YTD for FY 2015/16 are presented in the Fiscal Activity column.
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Variance Favorable/ (Unfavorable) represents the difference between YTD
collections and the budgeted amount.
Percent Used represents the percentage of budgeted revenues collected YTD.
The revenue report includes revenues and transfers into funds from other funds (income
items). Unlike expenditures, revenues are not received uniformly throughout the year,
which results in peaks and valleys depending upon large payments that are received
throughout the year. For example, large property tax payments are usually received in
December and April. Similarly, Redevelopment Property Tax Trust Fund payments are
typically received in January and June.
July Revenues
$207,508 in General Fund revenue was collected in July bringing the total YTD collections
to .54 percent. Total collections for all funds were $623,394, bringing total collections to
.90 percent. The bulk of General Fund payments consisted of:
$103,316 in license and permit fees
$83,591 in charges for services
Both these categories are primarily development related.
The largest non-General Fund payment received in July was $105,171 in Gas Tax
apportionments from the State.
Expenditures
Below is a summary of the column headers used on the Expenditure Summary Report All
Funds:
Original Total Budget represents the expenditure budget adopted by Council in
June 2015 for FY 2015/16.
Current Total Budget includes the original adopted expenditure budget plus any
carryovers from the prior FY, and any Council approved budget amendments. The
bulk of the carryovers are related to CIP matters. Each year total CIP projects are
budgeted; however, project length can span over multiple years. Therefore,
unfinished projects from the prior year are carried over (along with associated
revenue reimbursements).
Period Activity represents actual expenditures made in the reporting month.
Fiscal Activity presents actual expenditures made YTD. For example, the July
report shows expenditures made in the Period Activity column (July), but
expenditures made during the fiscal year from July to through the reporting
period are presented in the Fiscal Activity column.
Variance Favorable/ (Unfavorable) represents the difference between YTD
expenditures and the budgeted amount (the amount yet to be expended).
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Percent Used represents the percentage of budget spent to date.
The expenditure report includes expenditures and transfers out to other funds. Unlike
revenues, expenditures are fairly consistent month to month. However, large Debt
Service payments or CIP expenditures can cause swings.
July Expenditures
General Fund expenditures in July total $989,697 (2.35% expended); of this amount,
$735,980 is related to monthly personnel costs (salaries, benefits, etc.). In addition to
personnel costs, the other larger General Fund expenditures in June were:
$50,000 grant payment to Coachella Valley Rescue Mission
$22,335 to La Quinta Farms for dust control services at SilverRock
Total expenditures for all funds equaled $2.2 million. The largest non-General Fund
expenditure was $553,823 for liability, workers comp and property insurance premiums.
The second largest payment was to LandMark Golf Management in the amount of
$103,818 for contract golf course management services.
Summary
All funds are generally on target or under budget with regard to expenditures. Revenue
collections appear low due to timing issues discussed in the revenue section above. The
timing imbalance of revenues receipts vs. expenditures is funded from the Citys cash flow
reserve.
Report prepared by: Rita Conrad, Finance Director
Report approved by: Frank J. Spevacek, City Manager
Attachment: 1. Revenue and Expenditure Reports for July 2015
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ATTACHMENT1
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IIIIIIIIIIIIPJIIII' F1IIII""h'llll 11111 m ADOPT A RESOLUTION APPROVING AN AMENDED AND RESTATED
CONVENTION AND VISITORS BUREAU JOINT POWERS AGREEMENT
IIII.IIIIIIIIII CO M M IIIIIIIIII IIPJ IIII' ""h":IIII':OIIPJ
Adopt a resolution approving the Greater Palm Springs Convention & Visitors Bureau
amended and restated joint powers agreement.
IIIIIIIIIICII StIMM Ifs.
• The Greater Palm Springs Convention & Visitors Bureau (CVB) is a joint powers
authority operating under the Joint Exercise of Powers Act.
The CVB promotes and enhances the hospitality, convention, and tourism industry
in the Coachella Valley to the benefit of the member organizations and their
residents.
The amended agreement reflects current law and updates the 2002 agreement.
There is no additional impact as the contribution formulas remain unchanged. The
current contribution formula is equal to .0015 x gross room rental revenue for non -
convention hotels, and .0035 x gross room rental revenue for convention hotels.
I�3AOKGIROI i IIPJ IIII' Ill II yS':IIII'S
The CVB was formed in 1989 to promote and enhance the hospitality, convention, and
tourism industry in the Coachella Valley. The operative legal governing document is the
Joint Powers Agreement, originally executed in 1989 and subsequently amended on
multiple occasions, most recently on or about June 18, 2002. In order to incorporate
current law and maximize CVB's ability to service its member organizations, the CVB's
Executive Committee has approved the attached Amended and Restated Joint Powers
Agreement (Exhibit A to the Resolution).
The Amended Agreement reflects current law and is modified as follows:
Adds a "Recitals" section, which was not part of the 2002 Agreement. Recitals are
generally used for amended and restated agreements to describe the reason for the
agreement and the intent of the parties in entering into the agreement. These recitals
state that the Amended Agreement amends, restates, and supersedes the prior
agreement in its entirety. Revised "Definitions" are included to properly facilitate the
operation of its substantive provisions.
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2.The Amended Agreement designates the official name of the CVB, Greater Palm
Springs Convention & Visitor Bureau, rather than the Palm Springs Desert Resort
Communities Convention and Visitors Authority.
3.The CVBs governing body is the Executive Committee, which is comprised of an
elected official from each city member and a Riverside County senior staff member.
These provisions remain unchanged, but the Amended Agreement expressly provides
that Executive Committee members whose agencies pay CVB dues shall be entitled to
vote.
4.The Amended Agreement sets forth a more detailed yet non-exhaustive list of the
powers that the Executive Committee possesses pursuant to state law; the powers are
similar to those stated in the 2002 Agreement, but include the authority to select staff
members other than city managers to serve on the appointed technical advisory
committee, and the power to retain legal counsel.
5.The Amended Agreement sets forth the territorial boundaries of the CVB, which
remain unchanged from the 2002 Agreement, but a map of the boundaries is now
attached as Exhibit A. The boundaries may be changed by two-thirds vote of the
Executive Committee which must be approved by a unanimous vote of the CVB
members legislative bodies.
6.The Amended Agreement sets forth the precise formula for calculating members
contributions, specifically 0.15% gross room rental revenue for Non-Convention
Hotels and 0.35% of gross room rental revenue for Convention Hotels. The formula
may be changed by two-thirds vote of the Executive Committee which must be
approved by a unanimous vote of the CVB members legislative bodies. The 2002
Agreement addressed contributions in an exhibit rather than in the agreement.
7.The Amended Agreement maintains the conditions imposed upon members who wish
to withdraw from the CVB largely intact, but does away with the requirement of
thirteen months notice of withdrawal as provided in the 2002 Agreement.
8.The Amended Agreement sets forth a detailed, non-exhaustive list of the powers that
the CVB possesses as a joint powers authority pursuant to state law. The list includes
all of the powers specified in the 2002 Agreement and also includes several others,
such as the ability to engage independent contractors and legal counsel; to acquire
and dispose of real or personal property; to raise revenue for any public purpose that
is consistent with the CVBs purpose; to form, renew and modify improvement districts
such as the CVBs Tourism Marketing District; to form a non-profit corporation or other
affiliated non-profit entities; to adopt and enforce rules, regulations, resolutions and
ordinances to carry out the CVBs purposes; and to invest money from its treasury
that is not required for immediate necessities.
9.The CVBs President/CEO, Finance Director and Treasurer are required by state law to
file an official bond in an amount determined by the Executive Committee. The
Amended Agreement sets forth this requirement expressly, whereas the 2002
Agreement did not.
10.The Amended Agreement enumerates the Treasurers duties, which are substantively
similar to those duties enumerated in the 2002 Agreement. However, the Amended
Agreement reflects the updated state law requirements.
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The draft of the Amended Agreement was circulated for review and input to members of
the Technical Advisory Committee that consists of all the CVB members city managers
and the County Executive Officer. Meetings were also held with CVB member staff. This
extensive review and input generated the Amended Agreement, which was adopted by
the CVB Executive Committee on March 20, 2015. The Amended agreement will take
effect once it is executed by all members.
ALTERNATIVES
As the fiscal impact remains the same and the amendments are largely due to legal
requirements, staff does not recommend an alternative.
Report prepared by: Tustin K. Larson, Marketing & Events Supervisor
Report approved by: Edie Hylton, Deputy City Manager
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RESOLUTION NO. 2015 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, APPROVING THE GREATER PALM
SPRINGS CONVENTION & VISITORS BUREAU (CVB)
AMENDED AND RESTATED JOINT POWERS AGREEMENT
WHEREAS,
the Greater Palm Springs Convention & Visitors Bureau (CVB) is a
joint powers authority operating under the Joint Exercise of Powers Act (California
Government Code Section 6500 et seq.), located in the County of Riverside, State of
California; and
WHEREAS,
the CVB was formed in 1989 and the operative legal document
governing the CVB as a joint powers authority is the Joint Powers Agreement,
originally executed in 1989 and subsequently amended on multiple occasions, most
recently on or about June 18, 2002; and
WHEREAS,
the purpose of the CVB, as set forth in the CVB Joint Powers
Agreement, is to jointly encourage, promote, and to do such other things as might be
necessary to enhance, to the greatest extent possible, all aspects of the hospitality,
convention and tourism industry in the Coachella Valley and to attract visitors from
national and international markets, all to the benefit of the member organizations
and their constituents via the exercise of all the expressed and implied powers the
CVB members have in common; and
WHEREAS
, in order to remain current with applicable law and to maximize the
CVBs ability to encourage, promote, and enhance all aspects of the hospitality,
convention and tourism industry throughout all parts of the Coachella Valley, to the
benefit of the member organizations and their citizens, the CVBs Executive
Committee has approved the attached Amended and Restated Joint Powers
Agreement (Amended Agreement); and
WHEREAS
, the Amended Agreement reflects current law and makes changes to
the 2002 Agreement as recommended by the Hospitality Industry and Business
Council (now known as the Board of Directors), the CVBs CEO/President and the CVBs
General Legal Counsel; and
WHEREAS
, the draft of the Amended Agreement was circulated for review and
input to members of the Technical Advisory Committee which consists of all the CVB
members city managers and an executive officer of the County and several meetings
were also held with several CVB members staff members for their respective input;
and
85
Resolution No. 2015-
(description)
Adopted: (date)
Page 2
WHEREAS
, after extensive review and input from all interested parties, the
attached draft was presented to the CVB Executive Committee for its consideration
and was adopted and approved by the CVB Executive Committee on March 20, 2015.
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of La Quinta,
California, as follows:
SECTION 1.Recitals. That the recitals set forth hereinabove are true and correct.
SECTION 2. Approval. That the City Council hereby approves the Greater Palm
Springs Convention & Visitors Bureau (CVB) Amended and Restated Joint Powers
Agreement attached hereto as Exhibit A
SECTION 3. Repeal of Conflicting Provisions. That all provisions of any prior
resolutions or agreements that are in conflict with the provisions of this Resolution are
hereby repealed.
SECTION 4. Effective Date. That this resolution shall take effect immediately upon
adoption and the Amended and Restated Joint Powers Agreement shall take effect
upon execution by all its members.
SECTION 5. Certification. That the City Clerk shall certify the roll call vote adopting
this resolution.
PASSED, APPROVED,ADOPTED
and at a regular meeting of the La Quinta City
Council held on this fifteenth day of September, 2015, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
LINDA EVANS, Mayor
City of La Quinta, California
86
Resolution No. 2015-
(description)
Adopted: (date)
Page 3
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
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EXHIBITA
Greater Palm Springs Convention & Visitors Bureau
JOINT POWERS AGREEMENT
A California Joint Powers Authority
Created Pursuant to California Government Code Section 6500, et seq.
DATE
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Table of Contents
\[TO BE COMPLETED UPON ADOPTION\]
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This Joint Powers Agreement is entered hereto by and between the cities of Cathedral
City, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho
Mirage, each an independent municipal corporation located in the County of Riverside, State of
California, the County of Riverside, a political subdivision of the State of California, pursuant to
the Joint Exercise of Powers Act, as set forth in section 6500, et seq. of the California
Government Code. (Agreement). The parties to this Agreement are individually referredto
herein asCVB and collectively asCVB
RECITALS
WHEREAS
, pursuant to the Joint Exercise of Powers Act, if authorized by their
legislative or other governing bodies, two or more public agencies which include, but are not
limited to, a county or city, may jointly exercise any power common to the contracting parties
via ; and
WHEREAS
, the CVB Members entered into the original joint powers agreement on
February 8, 1989, for the purpose to jointly encourage, promote, and to do such other things as
might be necessary to enhance, to the greatest extent possible, all aspects of the hospitality,
convention and tourism industry in the Coachella Valley and to attract visitors from a world-
wide market, all to the benefit of the member organizations and their citizens via the exercise of
all the expressed and implied powers the CVB Members have in common; and
WHEREAS
,itis intendedby the that this Agreement shall be
CVB Members
amendatory of the original joint powers agreement dated February 8, 1989, including any
subsequent amendments and shall restate, amend and supersede the
Initial Agreement inits entirety as of the Effective Date; and
WHEREAS
, the CVB Members, consisting of the cities of Cathedral City, Desert Hot
Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage and the
County of Riverside have consented to renaming the JPA to the Greater Palm Springs
Convention & Visitors Bureau
NOW, THEREFORE
, in consideration of the terms and conditions hereinafter set forth,
and intending to be legally bound hereby, the CVB Membershereby covenant and agree as
follows:
AGREEMENT
Section 1. Definitions
The following words, terms and phrases shall have the following meanings:
the purposes described in paragraph (c) of Section 10.
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of CVB as described in Section 8.
and services designed to host meetings or gatherings within or upon the same premises of the
hotel or within a facility (for example: convention centers, auditoriums, outdoor venues,etc.)
that is in close proximity of the hotel.
CVB Fiscal eriod commencing July 1 of every year and ending
June 30 of the following calendar year.
Agreement.
duly
established pursuant to Section 12.
Powers Authority formed by the cities of Cathedral City, Desert Hot Springs, Indian Wells,
Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage and the County of Riverside.
Lodging Establishments,as referenced in Section 10, Paragraph C, shall mean any structure,
which is occupied or intended or designed for use or occupancy by transients, including but not limited to
hotel, resort, motel, inn and individually owned structures; single family homes, duplexes, triplexes,
mobile homes, or any private dwelling utilized for short term rental and subject to local transient
occupancy tax.
-
6536.
the
purposes and having the powers and duties set forthin Section 10.
-
occupancy by transients including, but not limited to, dwelling, lodging or sleeping purposes and includes
any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house,
apartment house, dormitory, public or private club, campground, mobile home or house trailer at a fixed
location, or other like structure or portion thereof. Non-Convention Hotel includes a recreational vehicle,
as defined in Cal. Health & Safety Code § 18010 and campgrounds.
-governmental entity whose business and activities are directly
related to the convention or tourism industry and the purposes of this Agreement.
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who is responsible for professionally supervising, man-to-
day affairs as described in paragraph (e) of Section 10 and elsewhere in this Agreement.
JPA Executive Committee for the purposes described in paragraph (d) of
Section 10.
JPA Executive Committee to
serve the functions described at Section 19and may be the same individual appointed as Auditor.
Section 2. Incorporation of Recitals
The foregoing recitals are incorporated into this Agreement by this reference as though
fully set forth herein.
Section 3. Purpose
The purpose of this Agreement is to form a joint powers authority to jointly encourage,
promote, and to do such other things as might be necessary to enhance, to the greatest extent
possible, all aspects of the hospitality, convention and tourism industry in the Coachella Valley
and to attract visitors from national and international markets, all to the benefit of the CVB
Members and their constituents.
Section 4. Name
The name of the JPA
or such other name that may bechanged at any time by a resolution approved and
adopted by a two-thirds vote of the entire JPA Executive Committee.
Section 5.Initial Agreement Superseded Effective Date
Itis intendedby the CVB Members that this Agreement shall be amendatory of the
Initial Agreement and shall restate, amend and supersede the Initial Agreement. Upon its
Effective Date, this Agreement shall govern the relationship of the CVB Members.This
Agreement shall become effective on the date this Agreement is approved by a two-thirds
vote of the entire membership of the JPA Executive Committee andatwo-thirds vote of the
CVB Memberslegislative bodies (Effective Date).
Section 6.Termination
(a)This Agreement may be terminated by unanimous vote of all the
legislative bodies provided, however, the foregoing shall not be construedas limiting the rights
of a CVB Member to withdraw its membershipin the JPA, and thus terminate this Agreement
with respect to such withdrawing CVB Member asdescribed in Section 13; and
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(b)Pursuant to section 6512 of the Government Code, upon termination of this
Agreement and dissolution of the JPA, any surplus money on hand with the JPA shall be
returned to the treasuries in proportion to the CVB Member Contributions made
by the respective CVB Member to the JPA.
Section 7.CVB Members
The members of the JPA shall consist of the parties to this Agreement which include the
cities of Cathedral City, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm
Springs and Rancho Mirage and the County of Riverside.
Section 8.Additional Members
Additional CVB Members that qualify to join a joint powers authority under the Joint
Exercise of Powers Act may be added as CVB Members at any time by a two-thirds vote of the
of the entire JPA Executive Committee
bodies in compliance with all applicable provisions of the Joint Exercise of Powers Act and all
other applicable laws.
Section 9. Governing Body
(a)The governing body of the JPA shall be known as the JPA Executive Committee
and itshall be comprised of: (i) a duly elected or appointed council member of each city CVB
Member; and(ii) a member of the Riverside County Board of Supervisors.
(b)
Only those members of the JPA Executive Committee, whose agencies pay the
CVB Member Contributions, as set forth in this Agreement, shall be entitled to vote.
Section 10.JPA Executive Committee Powers and Duties
The JPA Executive Committee, consistent with this Agreement and all applicable laws,
shall exercise all the powers and perform all duties necessary to conduct the business of the JPA,
either directly or by delegation of its authority, as the JPA Executive Committee deems
appropriate, which shall include but not be limited to the following:
(a)Adopt bylaws or rules of procedure to provide for the organization and
administration of the JPA, as the JPA Executive Committee deems appropriate by a majority
vote of the JPA Executive Committee;
(b)Approve and adopt a budget for the JPA prior to th
subsequent fiscal year, the term of which shall be set by a majority vote of the JPA Executive
Committee;
(c)Appoint an advisory board consisting of any number of persons associated with
the local hospitality industry, which may include, but not be limited to, those who own, manage,
govern or serve in senior staff positions for Lodging Establishments or businesses, eateries,
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public and private regional sports facilities, public and private museums, public and private
convention and conference facilities, commercial air transport facilities, commercial ground
transportation businesses, plus any other persons from any other industry deemed appropriate by
the JPA Executive Committee;
(d)Appoint from time to time, if deemed necessary by a majority vote of the JPA
Executive Committee, a Technical Advisory Committee (TAC) consisting of a staff member
employed by each CVB Member as designated by the respective JPA Executive Committee
member, for purposes of advising the JPA Executive Committee on any technical issues of the
JPA that the JPA Executive Committee may need advice on;
(e)Employ an individual who shall serve as the President and Chief Executive
Officer of the JPA, who shall be responsible for professionally supervising, managing and
administering the day-to-day affairs of the JPA, hire and fire JPA employees, retain consultants
and independent contractors and perform such other functions as the JPA Executive Committee
may designate;
(f)Retain an individual licensed to practice law in the State of California who shall
serve as General Legal Counsel for the JPA and who shall assist the JPA with any legal
assistance as may be requested by the JPA Executive Committee or President/Chief Executive
Officer or their authorized designees; and
(g)Create any committees, sub-committees, advisory committees and advisory
boards, as deemed necessary by a majority vote of the JPA Executive Committee, to advance
and/or achieve the purposes set forth in this Agreement.
(h) Pursuant to Section 6509 of the Government Code, the powers set forth in this
Agreement shall be subject to the restrictions upon the manner of exercising such similar powers
as are imposed on the City of Rancho Mirage in the exercise of similar powers.
Section 11. Territorial Boundaries
The JPAinclude the lands situated within the unincorporated
areas of the Coachella Valley situated in the County of Riverside and the lands situated within
the jurisdictional boundaries of the cities of Cathedral City, Desert Hot Springs, Indian Wells,
Indio, La Quinta, Palm Springs, Palm Desert and Rancho Mirage,as depicted in Exhibit A of this
Agreement. The territorial boundaries of the CVB may only be changed by a two-thirds vote of
the JPA Executive Committee and a u
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Section 12. Contributions
(a)Each CVB Member shall pay to the JPA the applicable contribution amounts as
set forth in the formula below, which may only be modified by a two-thirds vote of the entire
JPA Executive Committee . The
provisions of this section may only be changed or amended with a unanimous vote of the JPA
s.
A contribution from each of the CVB Members is a funding mechanism equal to:
.0015x Gross Room Rental Revenue for Non-Convention Hotels and
.0035x Gross Room Rental Revenue for Convention Hotels
(b)The Gross Hotel Room Rental Revenue described herein shall not include any
transient occupancy tax rebate incentives provided by the CVB Members.
Section 13.Withdrawal
Any Party may withdraw as a CVB Member and the obligations under this Agreement
subject to the following conditions:
(a)The withdrawing legislative body submits a duly adopted
resolution to the JPA Executive Committee providing Notice of Withdrawal.
(b)The effective date of withdrawal shall always be the last day of
Year.
(c)All CVB Member Contributions must be paid in full by the withdrawing CVB
Member through the end of the current CVB Fiscal Year of the year when the withdrawing CVB
Member provides its Notice of Withdrawal as well as the following CVB Fiscal Year.
(d)After giving notice of withdrawal, a withdrawing CVB Member shall not have
voting privileges on the JPA Executive Committee except for operating budget items through the
effective date of withdrawal.
(e)A withdrawing CVB Member may again become a party to this Agreement on
condition that it pays to the treasury of the CVB an amount equal to all CVB Member
Contributions which the withdrawing CVB Member would have been required to pay if it had
not withdrawn from participation.
(f)Partners within the territorial boundaries of the CVB may remain active Partners
as long as their respective government entity is a CVB Member and during the period of their
withdrawal from the Joint Powers Agreement.
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Section 14. Separate Entity
Pursuant to section 6507 of the Government Code, this JPA shall at all times be an
independent public entity separate from the parties to this Agreement, and the debts, liabilities
and obligations of the JPA shall be its sole responsibility and shall not become the debts,
liabilities, or obligations of any one CVB Member except that any CVB Member may separately
contract for, or assume responsibility for specific debts, liabilities, or obligations of the JPA.
Section 15. Powers of the JPA
Pursuant to the Joint Exercise of Powers Act, as set forth in section 6500, et seq. of the
California Government Code, this JPA shall have the authority to exercise any power common to
the contracting parties, including without limitation any of the following:
(a)The power to make,enter into and performall necessary contracts;
(b)The power to engage necessary employees, to define their qualifications and
duties and to provide a schedule of compensation for performance of their duties;
(c)The power to retain agents, independent contractors and consultants, including
without limitation the power to engage legal counsel and other professional services;
(d)The power to acquire, construct, manage, maintain or operate any building, works
or improvements;
(e)The power to acquire by purchase, grant, gift, lease or other lawful means any real
property or any personal property that may be necessary or proper to carry out the purposes and
intent of the JPA;
(f)The power to hold any real property or any personal property that may be
necessary or proper to carry out the purposes and intent of the JPA;
(g)The power to sell, lease or otherwise dispose of any real or personal property
including exchanging equivalent properties if it is deemed to be in the best interests of the JPA;
(h)The power to donate any surplus real or personal property to any public agency or
nonprofit organization;
(i)The power to incur debts, liabilities or obligations, including without limitation
the power toborrow money, give security therefore, and purchase on contract;
(j)The power to raise revenue for any public purpose consistent with the JPA
purposes, as set forth in this Agreement, through any legal and appropriate means other than
levying a tax or assessment beyond the scope of those assessments which may be established and
levied pursuant to the Parking and Business Improvement Area Law of 1989, Streets &
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Highways Code §36500 et seq., and the Property and Business Improvement District Law of
1994, Streets & Highways Code §36600 et seq;
(k)The power to form, renew, and modify improvement districts including all
Lodging Establishments, as defined in Section 1, pursuant to the Parking and Business
Improvement Area Law of 1989, Streets & Highways Code §36500 et seq., and the Property and
Business Improvement District Law of 1994, Streets & Highways Code §36600 et seq., which
authorizes joint powers agencies to establish parking and business improvement areas and
property and business improvement districts for the purpose of tourism promotion.Approval of
this agreement by the CVB Members constitutes consent: (i) to the formation of the Greater
Palm Springs Convention & Visitors Bureau Tourism Marketing District adopted pursuant
to Ordinance No. 2013-001, including all proceedings and actions previously taken by the
CVB in connection with formation of the said district TMD (ii) to form an
improvement district not to exceed an assessment rate of one percent (1%) on Lodging
Establishments not currently being assessed under the 2013 TMD or the Palm Springs Desert
Resort Communities Tourism Business Improvement District establishedby Ordinance No.
883 of the County of Riverside and (iii)to consolidate the 2013 TMD and
Tourism BIDas long as the overall assessment rate does not exceed three percent (3%) on the
entities currently being assessed therein;
(l)The power to adopt rules, regulations, resolutions and ordinances that may be
necessary or proper to carry out the purposes and intent of the JPA;
(m)The power to enforce rules, regulations, resolutions and ordinances for the
administration, maintenance and operation of the JPA;
(n)The power to enter into joint powers agreements pursuant to the Joint Exercise of
Powers Act, as set forth in section 6500, et seq. of the Government Code;
(o)The power to provide insurance pursuant to section 989 of the Government Code,
et seq.;
(p)The power to sue and be sued in the name of the JPA;
(q)The power to conduct certain activities of the JPA in any state or territory of the
United States of America or in any foreign country, related to promoting and marketing all
aspects of the hospitality, convention and tourism industry in the Coachella Valley for the
purpose of attracting visitors from national and international markets, as permitted pursuant to
Government Code section 37110;
(r)The power to travel domestically and internationally that is necessary or proper to
carrying out the purposes and intent of the JPA;
(s)The power to provide staff and resource support, financial assistance and
subsidies to other public agencies, non-profit organizations and the private sector for purposes
consistent with the purpose and intent of the JPA;
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(t)The power to lobby on behalf of travel and tourism;
(u)The power to form anon-profit corporation or other affiliated non-profit entities
for the purpose of promoting and enhancing all aspects of the hospitality, convention and tourism
industry; and
(v)The power to take any and all actions necessary for, or incidental to, the powers
expressed or implied by this Agreement and all applicable laws.
Section 16. Power to Invest
Pursuant to Government Code section 6509.5, the JPA shall have the power to invest any
money in its treasury pursuant to the provisions set forth in Government Code section 6505.5
that is not required for the immediate necessities of the JPA, as the JPA may determine from
time to time is advisable, in the same manner and upon the same conditions as local agencies
pursuant to Government Code section 53601.
Section 17. Bonding
Pursuant to Government Code section 6505.1, individuals occupying the following
positions shall file an official bond in an amount deemed sufficient by the JPA Executive
Committee:
(a)President/Chief Executive Officer;
(b)Director of Finance; and
(c)Treasurer.
Section 18. Treasurer and Auditor Designations
Pursuant to Government Code section 6505.6, the JPA Executive Committee shall
designate by resolution an officer or employee of the JPA to fill the functions of Treasurer and
Auditor of the JPA, and the JPA Executive Committee may appoint one qualified person to serve
as both Treasurer and Auditor or two qualified persons to serve as each separately.
Section 19. Treasurer Duties and Responsibilities
Pursuant to section 6505.5 Government Code, the Treasurer shall do all of the following:
(a)Receive and receipt (account) for all money of the JPA and place it in the treasury
of the Treasurer so designated to the credit of the JPA;
(b)Be responsible, upon his or her official bond, for the safekeeping and
disbursement of all JPA money so held by the Treasurer;
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(c)Pay, when due, out of money of the JPA held by the Treasurer, all sums payable
on outstanding bonds and coupons of the JPA;
(d)Pay any other sums due from the JPA from JPA money, or any portion thereof,
only upon warrants of the public officer performing the functions of auditor or controller who
has been designated by this Agreement; and
(e)Verify and report in writing on the first day of July, October, January and April of
each year to the President/Chief Executive Officer, the JPA Executive Committee and to all
Parties the amount of money the Treasurer holds for the JPA, the amount of receipts since the
last report, and the amount paid out since last report.
Section 20. Independent Audit
Pursuant to section 6505.6 of the Government Code, the Treasurer shall cause an
independent audit to be made by a certified public accountant or public accountant, in
compliance with section 6505 of the Government Code.
Section 21.
The Auditor shall perform the following duties:
(a)Review and recommend to the JPA Executive Committee accounting procedures
and policies governing the JPA;
(b)Review and approve all demands listed on the Warrant Registers prior to
submittal to the JPA Executive Committee;
(c)Review payroll registers at least monthly;
(d)Review all financial reports being submitted to the JPA Executive Committee and
make the JPA Executive Committee aware of any discrepancies or potential problems in the
reports;
(e)Review investments made by the President or Treasurer;
(f)Review the audit report prepared by aCertified Public Accounting firm prior to
finalization of the report and submittal to the JPA Executive Committee; and
(g)Assist staff in the selection of the Certified Public Accounting firm.
Section 22. Severability
If any term, provision, covenant or condition of this Agreement is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remaining provisions, if any, of
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this Agreement shall continue in full force and effect, unless enforcement of this Agreement as
so invalidated would be unreasonable or grossly inequitable under all the circumstances or would
frustrate the purposes of this Agreement.
Section 23. Waiver
All waivers must be in writing to be effective or binding upon the waiving Party, and no
waiver shall be implied from any omission by a Party to take any action.
Section 24. Amendments
This Agreement may be amended from time to time by a two-thirds vote of the entire
JPA Executive Committee and aunanimo
compliance with all applicable provisions of the Joint Exercise of Powers Act and all other
applicable laws.
Section 25. Ambiguities or Uncertainties
The CVB Members have mutually negotiated the terms and conditions of this Agreement
and each CVB Member received independent legal advice from its attorneys with respect to the
advisability of executing this Agreement and the meaning of the provisions contained herein. As
such, this Agreement is a product of the joint drafting efforts of all CVB Members and none of
theCVB Members shall be deemed to have solely or independently prepared or framed this
Agreement.Therefore, any ambiguities or uncertainties are not to be construed against or in
favor of any CVB Member.
Section 26. Applicable Law
This Agreement shall be construed and enforced in accordance with the laws of the State
of California.
Section 27. Venue
In the event that suit is brought by any party to this Agreement, the parties agree that
venue shall be exclusively vested in the State courts of the County of Riverside, California or
where appropriate, in the United States District Court, Southern District of California, Riverside,
California.
Section 28. Notices
Any notice or communication required hereunder between the JPA and the CVB
Members shall be in writing, and may be given either personally or by registered mail, return-
receipt requested. Notice, whether given by registered mail or personal delivery, shall be
deemed to have been given and received on the actual receipt by any of the addresses designated
below as the party to whom notices are to be sent. Any party hereto may at any time, upon
written notice to the other party hereto, designate any other address in substitution of the address
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to which such notice or communication shall be given. Such notices or communications shall be
given to the parties at their addresses set forth below:
City of Cathedral City City of Desert Hot Springs
68700 Avenida Lalo Guerrero11711 West Drive
Cathedral City, CA 92234Desert Hot Springs, CA 92240
Attention: City ManagerAttention: City Manager
City of Indian WellsCity of Indio
44950 El Dorado100 Civic Center Mall
Indian Wells, CA 92210Indio, CA 92201
Attention: City ManagerAttention: City Manager
City of La QuintaCity of Palm Desert
8495 Calle Tampico73510 Fred Waring Drive
La Quinta, CA 92253Palm Desert, CA 92260
Attention: City ManagerAttention: City Manager
City of Palm SpringsCity of Rancho Mirage
3200 East Tahquitz Canyon Way 69-825 Highway 111
Palm Springs, CA 92262Rancho Mirage, CA 92270
Attention: City ManagerAttention: City Manager
County of Riverside
County Administration Center
4080 Lemon Street
Riverside, California 92501
Attention: County Clerk
Section 29. Counterparts
This Agreement may be executed in duplicate counterpart originals, each of which is
deemed to be an original, and all of which when taken together shall constitute one and the same
instrument.
Section 30.Privileges and Immunities
Pursuant to section 6513 of the Government Code, all of the privileges and immunities
from liability, exemptions from laws, ordinances and rules, all pension, relief, disability,
workmen's compensation, and other benefits which apply to the activity of officers, agents or
employees of any the Parties when performing their respective functions within the territorial
limits of their respective public agencies, shall apply to them to the same degree and extent while
engaged in the performance of any of their functions and duties performed extraterritorially
under the provisions of this Agreement.
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IN WITNESS WHEREOF
, the duly authorized representatives of the CVB Members
have each executed this Agreement.
CITY OF CATHEDRAL CITYCITY OF DESERT HOT SPRINGS
___________________________________________________________________
Stan Henry, MayorAdam Sanchez Jr., Mayor
___________________________________________________________________
Charles McClendon, City ManagerMartin Magana, City Manager
ATTEST:ATTEST:
________________________________________________________________
Gary F. Howell, City ClerkJerryl Soriano, City Clerk
APPROVED AS TO FORM:APPROVED AS TO FORM:
________________________________________________________________
Charles R. Green, City AttorneySteven B. Quintanilla, City Attorney
CITY OF INDIAN WELLSCITY OF INDIO
_____________________________________________________________________
Ty Peabody, MayorLupe Ramos Watson, Mayor
___________________________________________________________________
Wade McKinney, City ManagerDan Martinez, City Manager
ATTEST:ATTEST:
________________________________________________________________
Anna Grandys, City ClerkCynthia Hernandez, City Clerk
APPROVED AS TO FORM:APPROVED AS TO FORM:
________________________________________________________________
Stephen P. Deitsch, City AttorneyRoxanne Diaz, City Attorney
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CITY OF LA QUINTACITY OF PALM DESERT
_____________________________________________________________________
Linda Evans, MayorSusan Marie Weber, Mayor
_____________________________________________________________________
Frank J. Spevacek, City ManagerJohn M. Wohlmuth, City Manager
ATTEST:ATTEST:
________________________________________________________________
Susan Maysels, City ClerkRachelle D. Klassen, City Clerk
APPROVED AS TO FORM:APPROVED AS TO FORM:
________________________________________________________________
M. Katherine Jenson, City AttorneyDavid J. Erwin, City Attorney
CITY OF PALM SPRINGSCITY OF RANCHO MIRAGE
_____________________________________________________________________
Stephen Pougnet, MayorG. Dana Hobart, Mayor
____________________________________________________________________
David H. Ready, City ManagerRandal Bynder, City Manager
ATTEST:ATTEST:
________________________________________________________________
James Thompson, City ClerkCynthia Scott, City Clerk
APPROVED AS TO FORM:APPROVED AS TO FORM:
________________________________________________________________
Douglas Holland, City AttorneySteven B. Quintanilla, City Attorney
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COUNTY OF RIVERSIDE
___________________________________
Marion Ashley, Chairman
__________________________________
Jay Orr, County Executive Officer
ATTEST:
________________________________
Kecia Harper-Ihem,Clerkof the Board
APPROVED AS TO FORM:
________________________________
Gregory P. Priamos, County Counsel
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EXHIBIT A
TERRITORIAL BOUNDARIES
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IIIIIIIIIIIIPJIIII': I":IIII""I'llll 11111 m SECOND READING AND ADOPTION OF ORDINANCE NO. 528 AMENDING
SECTION 9.150.060 (SPACES REQUIRED BY USE) TO ALLOW FOR A REDUCED NUMBER OF
REQUIRED PARKING SPACES FOR PROPERTIES WITHIN THE VILLAGE COMMERCIAL ZONING
DISTRICT AND CONFIRM A DETERMINATION OF EXEMPTION PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT SECTION 15061 (B)(3) REVIEW OF
EXEMPTIONS —GENERAL RULE
IIII. IIIIIIIIII C O M M IIIIIIIIII IIPJ IIII': ""I":IIII': O IIPJ
Adopt Ordinance No. 528 on second reading.
XIIIIIIIIIICII StIMM lR
At the August 4, 2015 meeting, the City Council introduced Ordinance No. 528 that
amends the Zoning Ordinance ("Zoning Ordinance Amendment") to temporarily
reduce the required parking spaces for properties within the Village commercial
zoning district, and confirms a determination that this action is exempt pursuant
to the California Environmental Quality Act ("CEQA").
•
Bylaw, a second reading of an ordinance must occur, followed by adoption and a
30 -day posting period, before an ordinance may take effect.
None; however, reductions in parking standard could stimulate sales tax from new
businesses and expansion of existing businesses.
I�3A0KQR01 i IIPJ llll': IIPJ YS':IIII':S
This Zoning Ordinance Amendment is for an interim period ending June 30, 2016, and
allows a 50 percent reduction in required off-street parking for all new development and
expansion of existing businesses; no additional parking will be required for a change of
use. During this period, staff will comprehensively address new Village parking standards,
and update off-street parking options.
Additional parking demand may be experienced at existing on -street parking, the City
parking lot at Avenida Bermudas/Montezuma, and existing private parking lots; however,
a majority of time on -street parking and the City parking lot are not fully utilized. The
exception is during special events and peak periods in season.
Staff has determined that this Zoning Ordinance Amendment is exempt from
environmental review under CEQA, pursuant to Section 1506(b)(3), Review for Exemptions
— General Rule. Staff found that it can be seen with certainty that there is no possibility
IUD
that this action will have a significant effect on the environment, and individual
development plans will be reviewed under CEQA as they are proposed.
ALTERNATIVES
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
110
ORDINANCE NO. 528
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, APPROVING ZONING ORDINANCE
AMENDMENT 2015-0001, AMENDING SECTION 9.150.060
(SPACES REQUIRED BY USE) TO ALLOW FOR A REDUCED
NUMBER OF REQUIRED PARKING SPACES FOR PROPERTIES
WITHIN THE VILLAGE COMMERCIAL ZONING DISTRICT
CASE NUMBER:
ZONING ORDINANCE AMENDMENT 2015-0001
APPLICANT: CITY OF LA QUINTA
WHEREAS
, the City Council of the City of La Quinta, California did, on the 4th day of
August 2015, hold a duly noticed public hearing for review of a City-initiated request of a
Zoning Ordinance Amendment to modify Title 9 (Zoning) of the La Quinta Municipal Code;
and
WHEREAS,
the Planning Commission of the City of La Quinta, California, did on the
23rd day of June 2015, which was continued to the 14th day of July 2015, hold a duly
noticed Public Hearing for review of a Zoning Ordinance Amendment to amend Chapter
9.150.060 of the La Quinta Municipal Code, as identified by Title of this Resolution; and
WHEREAS
, subsequent to said Public Hearing, the Planning Commission of the City
of La Quinta did adopt Planning Commission Resolution 2015-007 to recommend to the
City Council adoption of said Zone Ordinance Amendment; and,
WHEREAS
, the Community Development Department published a public hearing
notice for this request in The Desert Sun newspaper on July 24, 2015, as prescribed by the
Municipal Code; and,
WHEREAS
, the proposed amendments are intended to serve as an interim
allowance, expiring September 4, 2016, as prescribed in Section 4 below. During this
interim period, the Community Development Department will comprehensively address
new parking standards for the Village, as well as update existing alternatives such as the
parking fee in-lieu program, consideration of alternative methods and parking reductions
specific to the Village; and,
WHEREAS
, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons wanting to be heard, the City Council did make
the following mandatory findings to justify adoption of said Zoning Ordinance
Amendment:
1.Consistency with General Plan
The code amendment is consistent with the goals, objectives and policies of the
General Plan. The proposed amendments are supported by Policy LU-6.2, relating
to the maintenance of development standards in the Zoning Ordinance to assure a
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high quality of development; Goal LU-7.1, relating to innovative land uses in the
Village; Policy LU-7.7 relating to allowing creative parking alternatives in the
Village.
2.Public Welfare
Approval of the code amendment will not create conditions materially detrimental
to the public health, safety and general welfare. The amendment allows for
reduced parking standards and does not incorporate any changes that affect the
regulation and/or provision of public services, utility systems, or other foreseeable
health, safety and welfare considerations.
NOW, THEREFORE,
the City Council of the City of La Quinta does ordain as follows:
SECTION 1. That the above recitations are true and constitute the Findings of the City
Council in this case.
SECTION 2. The proposed zone text amendment is exempt from environmental review
under CEQA, pursuant to Section 15061(b)(3), Review for Exemptions --- General Rule, in
that it can be seen with certainty that there is no possibility for this action to have a
significant effect on the environment, and individual development plans will be reviewed
under CEQA as they are proposed.
SECTION 3. That the City Council does hereby approve Zoning Ordinance Amendment
2015-0001, as set forth in attached Exhibit A, for the reasons set forth in this
Resolution.
SECTION 4. This Ordinance shall be in full force and effect thirty (30) days after its
adoption.
SECTION 5. The City Clerk shall, within 15 days after passage of this Ordinance, cause it
to be posted in at least three public places designated by resolution of the City Council,
shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance
and its certification, together with proof of posting to be entered into the Book of
Ordinances of the City of La Quinta.
PASSED, APPROVEDADOPTED
and at a regular meeting of the La Quinta City
Council held this 15th day of September, 2015, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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_______________________
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
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EXHIBIT A
DRAFT AMENDMENTS
Amend 9.150.060, Spaces required by use, as follows:
9.150.060 Spaces required by use.
A.Land Uses Not Listed. If no provisions for the required number of off-street
parking spaces are set forth in Tables 9-11 or 9-12 of this section or the provisions
are not clear for a specific use, the decision-making authority for the applicable
use or project shall determine the number of parking spaces required.
B.Definition of GFA. For purposes of this chapter and this code, gross floor area or
GFA means the total square footage of all floors of a building, including the
exterior walls but excluding courtyards and other outdoor areas.
C.Parking for Residential Land Uses.
1.Table 9-11 following contains the minimum number of parking spaces
required for each type of residential land use.
2.Whenever any commercial or industrial use is located on a building site that
is also used for residential purposes, parking facilities shall be provided for
the residential use per Table 9-11 in addition to the spaces required for the
nonresidential use(s).
D.Parking Requirements within the La Quinta Village. Properties within the Village
Commercial zoning district shall be subject to the following requirements:
1.For all new development and expansion of existing business, a 50%
reduction of the off-street parking required in Table 9-11, is permitted. For
all changes of use, no additional off-street parking is required.
a.Prior to submittal of applications for entitlement permits or building
permits, the Community Development Department shall determine
whether a project is categorized as new, expansion, or change of use.
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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. 528 which was introduced
at a regular meeting on the 4th day of August, 2015 and was adopted at a regular
meeting held on the 15th day of September, 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 the Rules of Procedure adopted by 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 , pursuant to Council Resolution.
__________________________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
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IIIIIIIIIIIIPJIIII' I";IIII""I'llll 11111 m APPROVE AMENDED AND RESTATED EAST VALLEY COALITION
MEMORANDUM OF UNDERSTANDING TO INCLUDE CITY OF COACHELLA AS MEMBER
IIII.IIIIIIIIII CO M M IIIIIIIIII IIPJ IIII' ""I":IIII':OIIPJ
Approve the Amended and Restated Memorandum of Understanding for the East Valley
Coalition to include the City of Coachella as a partner with voting rights.
IIIIIIIIIICII StIMM lR
• On June 2, 2015, Council approved a Memorandum of Understanding ("MOU") with
the City of Indio and County of Riverside to participate in the East Valley Coalition
("EVC") for regional economic development.
• The three entities have met and are currently developing internal procedures,
marketing materials and a stand-alone EVC website.
The City of Coachella has requested inclusion in the EVC MOU as a contributing
partner with voting rights. The City of Indio and the County of Riverside support
amending the MOU to add them.
III�NIII III�IIIN�llllll 11� ► GTiT�
�3AOKGIROI i IIPJ IIII' IIPJ YS':IIII'S
Over the past eighteen months, representatives from the Cities of Indio and Coachella
and the County of Riverside collaborated on ways to support eastern Coachella Valley
economic development efforts after the dissolution of the California Enterprise Zone
Program. La Quinta was invited to these discussions as the program parameters began
to take shape. With the communities' input, an EVC was created, which was
memorialized in a MOU on June 2, 2015 for all bodies except the City of Coachella.
Within the MOU, a budget matrix identified economic activities and the resources needed
to achieve them (MOU Exhibit A). The matrix tied budget line items to specific tasks and
measurable outcomes that included regional business attraction, expansion and
retention. La Quinta, Indio and Riverside County agreed to a $10,000 per year fiscal
commitment for an initial two-year period. The City of Indio agreed to act as fiscal agent
and Riverside County agreed to provide a full time staff member who would carry out the
duties and activities prescribed in the agreement and matrix.
During the initial MOU consideration, the City of Coachella evaluated its fiscal challenges
and was unsure of participation. However, on August 12, 2015, they unanimously
approved the EVC MOU, first year budget, and in-kind staff resources.
ifs
The City of Coachellas participation would not only provide the EVC with a fourth voting
member, but would also increase the total annual budget by $10,000 and add staff to
help accomplish EVC goals. The City of Indio and County of Riverside are both requesting
approval of an amended MOU to include the City of Coachella into the East Valley
Coalition.
ALTERNATIVES
As the City of Coachella would strengthen the collaborative effort by increasing fiscal and
staffing resources, staff has no alternative.
Report prepared by: Ted Shove, Business Analyst
Report approved by: Frank J. Spevacek, City Manager
Attachment: 1. Amended and Restated Memorandum of Understanding
120
AMENDED AND RESTATED
MEMORANDUM OF UNDERSTANDING
FOR THE
EAST VALLEY COALITION
This Memorandum of Understanding (“MOU”) is made and entered into this ____ day of
September 2015 by and between the COUNTY OF RIVERSIDE, a political subdivision of the
State of California (“County”) and the cities of INDIO, LA QUINTA AND COACHELLA
(“Cities”), hereinafter individually and collectively referred to as the “PARTY” or the
“PARTIES.”
RECITALS
WHEREAS, the PARTIES have determined that there exists a need to stimulate
economic development growth in areas within the boundaries of the PARTIES;
WHEREAS, the PARTIES have determined that there exists a desire to jointly manage,
coordinate, market and administer economic development programs and projects in the eastern
Coachella Valley;
WHEREAS, the PARTIES desire to enter into an MOU as hereinafter set forth for
matters concerning the conduct of economic development activities; and
WHEREAS, the PARTIES have the common power to undertake economic development
activities and the power to enter into this agreement.
NOW THEREFORE, for and in consideration of the mutual covenants, conditions and
advantages herein stated, the PARTIES hereto agree as follows:
SECTION I
PURPOSE AND GOALS
1.1In undertaking the economic development activities set forth in this MOU, the PARTIES
agree to jointly conduct such activities under the moniker of the “East Valley Coalition,”
hereinafter referred to as the “EVC.”
1.2The purpose of this MOU is to formalize the partnership and understanding between the
PARTIES and set forth the terms by which the PARTIES will manage, coordinate,
market, and administer economic development activities, programs and projects in the
eastern portion of the Coachella Valley within the boundaries of PARTIES. The
PARTIES agree that the purpose for conducting the activities as a coordinated group (i.e.
EVC) shall include, but are not limited to the following:
a.Implementing a regional marketing program for areas that comprise the EVC;
b.Acting as a resource and business center to aid start-up and business
expansion efforts, provide financial assistance information, job creation
efforts, and other economic development incentives;
c.Assisting coordination and targeting of available federal, state and local funds
and development programs;
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d.Assisting development of computerized economic information systems,
establishing and/or utilizing data bases necessary for economic growth; and
e.Performing such other functions as may be deemed necessary and appropriate
to meet the objectives of this MOU.
1.3 The goals of the EVC were developed by the PARTIES and are outlined and specified in
Exhibit A, GOALS AND MEASURED OUTCOMES, attached hereto and incorporated
herein by this reference. The PARTIES agree to use best efforts in accomplishing such
goals.
SECTION II
PARTY OBLIGATIONS
In conducting the economic development activities set forth in this MOU, the PARTIES
individually agree to perform the following tasks or undertaking:
2.1The County of Riverside will:
a.Create and maintain a basic web site for the EVC with links to the
jurisdictions;
b.Provide a lead staff member to coordinate all activities of the EVC;
c.Provide financial support as determined in Section 5.2 below; and
d.Assist in the development of economic development strategies for the EVC.
2.2The City of Indio will:
a.Serve as fiscal agent for the EVC, producing financial reports and statements;
b.Provide a staff member to assist County in coordinating activities of the EVC;
c.Provide financial support as determined in Section 5.2 below; and
d.Assist in the development of economic development strategies for the EVC.
2.3The City of La Quinta will:
a.Provide a staff member to assist County in coordinating activities of EVC;
b.Provide financial support as determined in Section 5.2 below; and
c.Assist in the development of economic development strategies for the EVC.
2.4The City of Coachella will:
a.Provide a staff member to assist County in coordinating activities of EVC;
b.Provide financial support as determined in Section 5.2 below; and
c.Assist in the development of economic development strategies for the EVC.
SECTION III
EFFECTIVE DATE AND TERM
3.1This MOU shall become effective as of the date on which the last Party executes this
MOU (“Effective Date”).
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3.2The Term of the MOU will commence on the Effective Date and continue for two (2)
years, unless terminated earlier by the Parties as provided in Section 7.4 below, and will
automatically terminate unless otherwise extended by a written amendment to this MOU
executed by all of the Parties.
SECTION IV
ASSOCIATE PARTNERS
4.1The PARTIES, may engage other public agencies as partners (“Associate Partners”)for
the undertaking of the economic development activities described herein. Public
agencies desiring to become an Associate Partner shall submit a minute order from their
governing body for consideration to each of the PARTIES for their individual approval.
Unanimous approval by all PARTIES will be required to grant Associate Partner status,
evidenced by a minute order from each of the PARTIES. Once approved by all the
PARTIES and upon payment of the partner contribution (in an amount determined
collectively by the PARTIES), the Associated Partner status shall be approved. A partner
shall be entitled to participate in the programs created by the partnership created herein
but is not a party to the MOU.
SECTION V
FINANCING AND BUDGETING
5.1 It is the intent and understanding of the PARTIES to this MOU that the activities
conducted pursuant to this MOU will be financed by mandatory contributions from the
PARTIES.
5.2 Each PARTY shall contribute a mandatory contribution of Ten Thousand Dollars
($10,000.00) per fiscal year (“Mandatory Contribution”).The Mandatory Contribution
shall be used only for administrative and other matters of general benefit to all PARTIES
that further the purposes of the MOU and for the activities described in this MOU. The
use of the Mandatory Contribution for each fiscal year shall be as set forth in the general
administrative budget for the respective fiscal year which general administrative budget
is subject to approval by each Party pursuant to Section 5.4 below.
st
5.3 Payments shall be made yearly on July 1. Payments shall be made payable to and
remitted to the PARTY that is the fiscal agent identified in Section 6.1 below.
5.4 A general administrative budget shall be approved by the City Managers in the case of
the cities of Indio, La Quinta and Coachella, and the Assistant County Executive
Officer/EDA, or designee, in the case of the County of Riverside. The budget shall be
prepared in sufficient detail to constitute an operating outline for the use of the
Mandatory Contributions and shall cover expenditures to be made during the ensuing
year for the purposes set forth in Section 5.2.
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SECTION VI
ACCOUNTING
6.1 The City of Indio is designated as the fiscal agent. The City of Indio shall account
separately for all funds collected or disbursed pursuant to this MOU. The City of Indio
shall maintain and keep records of all expenditures and obligations incurred pursuant to
this MOU and all income and fees received thereby according to generally recognized
accounting principles. Such records shall be maintained by the City of Indio for a
minimum of three (3) years. The records relating to this MOU shall be open to inspection
and audit by the Parties or its authorized representative on an annual basis or as is
deemed necessary by the Parties upon reasonable notice to the City of Indio.
6.2 The City of Indio shall provide the Parties monthly expenditure reports by the last day of
the following month, as well as a copy of a full annual financial statement for the
partnership activities immediately upon completion thereof, but in no case later than six
(6) months following the end of the fiscal year. The monthly expenditure reports and
annual financial statements shall contain a status report of all appropriations and
expenditures by line item, any emergency expenditure, appropriation changes (increases
or decreases or new/supplemental appropriations after original budget was approved) and
remaining unspent balances including encumbered amounts by purpose.
SECTION VII
GENERAL PROVISIONS
7.1 Indemnification. Each of the PARTIES agree to defend, indemnify and hold harmless
each and every other PARTY and its officers, officials, board of supervisors, city council,
employees or agents from and against any damages including, but not limited to,
attorneys’ fees, expert and consultant fees, and other costs and fees of litigation, arising
out of the alleged gross negligence, intentional or willful misconduct of the PARTY, its
agents, officers, officials, board of supervisors, city council, employees or representatives
in the performance of this MOU.
It is the intent of the PARTIES that where negligence or responsibility for injury or
damages is determined to have been shared, principles of comparative negligence will be
followed and each PARTY shall bear the proportionate cost of any loss, damage, expense
and liability attributable to that PARTY’S negligence. In the event a claim or suit is filed
and liability is based on the active conduct of two or more of the PARTIES, then such
parties shall cooperate and contribute to the defense and indemnity of the claim or suit on
an equal basis until such time as comparative negligence is established and damages
apportioned. At that time, the responsible PARTIES shall reimburse the other PARTIES
for their costs in accordance with their proportionate share of liability.
The Parties shall promptly notify each other of any claims or demands which arise and
for which indemnification is sought. The terms of this Section shall survive the
termination of this MOU.
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The PARTIES each hereby certify that they have adequate insurance, self-insured
retentions or other self-insurance programs sufficient to meet any obligation arising under
this Section 7.1
7.2 Notices. Any notices, bills, invoices, or reports relating to this MOU, and any request,
demand, statement or other communication required or permitted hereunder shall be in
writing to the addresses set forth below and shall be deemed to have been received on (a)
the day of delivery, if delivered by hand during regular business hours or by confirmed
facsimile during regular business hours; or (b) on the third business day following deposit
in the United States mail, postage prepaid:
City of Indio
100 Civic Center Mall
Indio, CA 92201
Attention;_____________
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
Attention:_______________
City of Coachella
1515 Sixth Street
Coachella, CA 92236
Attention:_______________
County of Riverside
Economic Development Agency
th
3403 10 Street
Suite 400
Riverside, CA 92501
Attention: Assistant County Executive Officer/EDA
7.3 Alternative Dispute. The Parties agree that before either party commences any legal or
equitable action, action for declaratory relief, suit, proceeding, or arbitration that the
Parties shall first submit the dispute to mediation through a mutually acceptable
professional mediator in Riverside County. Each party shall bear its own expenses and
costs associated with the mediation. The cost of mediator shall be shared equally by the
Parties.
7.4 Termination. Either Party may terminate its participation in this MOU for any reason
by giving thirty (30) days advance written notice to the designated representatives of the
other Parties. In the event a Party terminates its participation in this MOU during the
first year of the term of this MOU, such Party shall not be entitled to the return of the
Mandatory Contribution paid pursuant to Section 5.2. In the event a party terminates its
participation in this MOU during the second year of the term of this MOU, such Party
shall be entitled to a complete reimbursement of the Mandatory Contribution paid
pursuant to Section 5.2, provided the other Parties receive written notice of such
termination no later than 90 days before the commencement of the second year of the
term of this MOU.
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If the Parties have not incurred any obligations in connection with implementing this
MOU, each Party may terminate this MOU by giving no less than sixty (60) days
advance written notice thereof to all other Parties.
In the event this MOU is terminated, any property acquired by the Parties in connection
with this MOU from the Effective Date of this MOU, including but not limited to money,
shall be divided and distributed between the Parties in proportion to the contributions
made.
Except as otherwise provided herein, upon termination of this MOU, or an individual
Parties termination of participation in this MOU, neither Party shall have any obligation
to the other Parties.
7.5 Legal Authority. Nothing in this MOU binds the Parties to perform any action that
is beyond its legal authority.
7.6 Conflict of Interest. No member, official or employee of the County or the Cities, shall
have any personal interest, direct or indirect, in this MOU nor shall any such member,
official or employee participate in any decision relating to this MOU which affects his or
her personal interest or the interests of any corporation, partnership or association in
which he or she is directly or indirectly interested.
7.7 Interpretation, Governing Law, and Venue. This MOU and any dispute arising
hereunder shall be governed and interpreted in accordance with the laws of the State of
California. This MOU shall be construed as a whole according to its fair language and
common meaning to achieve the objectives and purposes of the Parties hereto, and the
rule of construction to the effect that ambiguities are to be resolved against the drafting
party shall not be employed in interpreting this MOU, all Parties having been represented
by counsel in the negotiation and preparation hereof.
Any legal action related to the performance or interpretation of this MOU shall be filed
only in the Superior Court of the State of California located in Riverside, California, and
the Parties waive any provision of law providing for a change of venue to another
location.
7.8 No Third-Party Beneficiaries. This MOU is made and entered into for the sole
protection and benefit of the Parties hereto and shall not create any rights in any third
parties. No other person or entity shall have any right of action based upon the
provisions of this MOU.
7.9 Section Headings. The Section headings herein are for the convenience of the Parties
only and shall not be deemed to govern, limit, modify or in any manner affect the scope,
meaning or intent of the provisions or language of this MOU.
7.10 Compliance with Laws and Regulations. By executing this MOU, the Parties agree to
comply with all applicable federal, state and local laws, regulations and ordinances.
7.11 Waiver. Failure by a party to insist upon the strict performance of any of the
provisions of this MOU by the other party, or the failure by a party to exercise its rights
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upon the default of the other party, shall not constitute a waiver of such party’s right to
insist and demand strict compliance by the other party with the terms of this MOU
thereafter.
7.12 Severability. Each paragraph and provision of this MOU is severable from each
provision, and in the event any provision in this MOU is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining provisions will
nevertheless continue in full force without being impaired or invalidated in any way.
7.13 Authority to Execute. The persons executing this MOU or exhibits attached hereto on
behalf of the Parties to this MOU hereby warrant and represent that they have the
authority to execute this MOU and warrant and represent that they have the authority to
bind the respective Parties to this MOU to the performance of its obligations
hereunder.
7.14 Assignment. The parties shall not assign, transfer, or subcontract any interest in this
MOU. Any attempt to so assign, transfer, or subcontract any rights, duties, or obligations
arising hereunder shall be null, void and of no effect.
7.15 Amendments. This MOU may be amended, in writing, from time-to-time by unanimous
vote of the PARTIES acting through their governing bodies.
7.16 Exhibits; Precedence. All documents referenced as exhibits in this MOU are hereby
incorporated in this MOU. In the event of any material discrepancy between the express
provisions of this MOU and the provisions of any document incorporated herein by
reference, the provisions of the MOU shall prevail.
7.17 Independent Contractor. Each party to this MOU shall have no power to incur any debt,
obligation, or liability on behalf of another party to this MOU or otherwise act as an
agent of another party.
7.18 MOU Administration. The City Managers in the case of the cities of Indio, Coachella, La
Quinta, and the Assistant County Executive Officer/EDA, in the case of the County of
Riverside, or their designees, shall administer the terms and conditions of this MOU for
their respective city or county.
7.19 Cooperation; Further Act. The Parties shall cooperate fully with one another, and shall
take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this MOU.
7.20 Entire Agreement. This MOU, including all exhibits and attachments hereto, is intended
by the Parties hereto as a final expression of their understanding with respect to the
subject matter hereof and as a complete and exclusive statement of the terms and
conditions thereof and supersedes any and all prior and contemporaneous agreements and
understandings, oral or written, in connection therewith. Any amendments to or
clarification of this MOU shall be in writing and acknowledged by all Parties to this
MOU.
(Signatures on Following Pages)
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IN WITNESS WHEREOF, the PARTIES hereto have caused this MOU to be executed by their
duly authorized representatives on the dates set forth below.
COUNTY OF RIVERSIDE, a political
subdivision of the State of California
Date:________________ _____________________________
Marion Ashley, Chairman
BOARD OF SUPERVISORS
ATTEST:
Kecia Harper-Ihem
Clerk of the Board of Supervisors
______________________________
Deputy
APPROVED AS TO FORM:
Gregory P. Priamos
County Counsel
By: __________________________
Jhaila R. Brown
(Signatures Continued on Following Pages)
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CITY OF INDIO,
a California municipal corporation
Date:_________________________ _________________________
Mayor Lupe Ramos Watson
City of Indio, CA
ATTEST:
By: ______________________________
Cynthia Hernandez, CMC. City Clerk
City of Indio, California
APPROVED AS TO FORM:
By: ______________________________
Roxanne Diaz, City Attorney
City of Indio, California
(Signatures Continued on Following Pages)
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CITY OF LA QUINTA,
a California municipal corporation
Date:__________________________
FRANK J. SPEVACEK, City Manager
City of La Quinta, California
ATTEST:
_________________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
__________________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
(Signatures Continued on Following Page)
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CITY OF COACHELLA,
a California municipal corporation
Date:_________________________
Steven Hernandez, Mayor
City of Coachella, CA
ATTEST:
_________________________________
ANGELA M. ZEPEDA, City Clerk
City of Coachella, California
APPROVED AS TO FORM:
__________________________________
CARLOS CAMPOS, City Attorney
City of Coachella, California
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EXHIBIT A
GOALS AND MEASURED OUTCOMES
(behind this page)
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IIIIIIIIIIIIPJIIII' I";IIII""I'llll 11111 m APPROPRIATE FUNDING AND AWARD CONTRACT TO GRANITE
CONSTRUCTION COMPANY FOR PAVEMENT MANAGEMENT PLAN WASHINGTON STREET
IMPROVEMENTS PROJECT
IIII.IIIIIIIIII CO M M IIIIIIIIII IIPJ IIII' ""I":IIII':OIIPJ
Appropriate $53,000 from the Americans with Disabilities Act Ramps at Various
Locations account, $24,000 from the Sidewalk Improvements at Various Locations
account and award a contract to Granite Construction Company, in the amount of
$491,520, to construct the Pavement Management Plan Washington Street
Improvements Project.
IIIIIIIIIICII StIMM lR
• Washington Street, between Avenue 52 and Calle Tampico, is scheduled for
rehabilitation per the Pavement Management Plan (PMP) (Attachment 1).
Improvements include rehabilitating the pavement and reconstructing the curb
ramps to meet current American with Disabilities Act (ADA) standards.
• Since this project includes reconstructing curb ramps, staff recommends
appropriating $77,000 from the Sidewalk and ADA Ramps at Various Locations
accounts thereby reserving PMP funding for future paving projects.
• Granite Construction Company of Watsonville, California, submitted the lowest
responsive bid in the amount of $491,520 and is therefore recommended for
award of this construction contract.
SC III MIIII°)""I'
The Pavement Management Plan Washington Street Improvements Project (Project
No. 2012-07B) is included in the 2014/15 Capital Improvement Program (CIP). The
following is the approved funding and funding sources:
PMP General Funds: $399,476
Federal STP*: $249,507
TOTAL APPROVED FUNDING: $648,983
*Surface Transportation Program
1191;
The project budget is as follows:
Project Total
Professional: $20,000
Design: $34,384
Inspection/Testing/Survey: $27,479
Construction: $491,520
City Administration: $25,000
Contingency: $50,600
Total Budget: $648,983
The ADA Ramps at Various Locations account has an available balance of $73,087 and
the Sidewalk Improvements at Various Locations account has an available balance of
$153,476. Adequate funding exists to support staffs recommendation related to the
ADA improvements associated with this project.
BACKGROUND/ANALYS
The proposed improvements will rehabilitate the pavement on Washington Street,
between Calle Tampico and Avenue 52. This segment is the last of six roadway
segments scheduled for rehabilitation per the Pavement Management Plan. In April
2013, this project was designated for partial federal funding and has received federal
authorization to proceed.
Since the project is partially funded with Federal Surface Transportation Program
funds, federal guidelines require that any deficient ADA facilities immediately
adjacent to, or within, the project limits be corrected. These costs, however, are not
eligible for federal reimbursement. In order to reserve Pavement Management
Program funding for pavement related projects, staff recommends $77,000 be
appropriated from the Sidewalk and ADA Ramp accounts to rebuild the curb ramps in
this area.
Privately owned utilities must also be adjusted as part of this project. This will cost
$9,500 and will be reimbursed by the respective utility companies. The specific
reimbursement amounts are presented in Additive Alternates 1 through 3 in the bid
comparison summary.
On May 19, 2015, City Council approved the bid documents and authorized staff to
solicit construction bids. On August 27, 2015, the City received four sealed bids. A
detailed bid comparison summary is provided in Attachment 2.
The lowest responsive bid was submitted by Granite Construction Company and is
approximately $100,000 over the engineers estimate. This estimate was based upon
140
the bids received for the Citys Phase I Pavement Management Plan Street
Improvements in 2014. In reviewing Granites and the other bids, staff determined
that the bulk of the cost difference (between the Engineers Estimate and the bids
received) is due to the ADA deficiency corrections, cold in place recycling full depth
asphalt, mobilization, and traffic control. Since these costs were consistent across all
of the bids the City received, staff recommends award of this contract. Further, cost
savings on completed PMP projects will allow this project to be built within the
budgeted amounts for PMP projects.
If the project is awarded the following is the proposed project schedule:
Award of Construction September 15, 2015
Execute Contract and Mobilize September 16 through October 9, 2015
Construction (30 working days) October 12 through November 20, 2015
Accept Improvements December 2015
ALTERNATIVES
City Council could choose to reject all bids, re-scope and re-advertise the project.
Although this might result in a lower overall bid this alternative is not recommended
because it would result in a significant time delay and possible loss of the Citys
Federal Surface Transportation Program Funding for the project.
Report prepared by: Ed Wimmer, P.E., Principal Engineer
Report approved by: Timothy R. Jonasson, P.E., Public Works Director/City Engineer
Attachments: 1. Vicinity Map
2. Bid Comparison Summary
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ATTACHMENT 1
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IIIIIIIIIIIIPJIIII' I":IIII""I'llll 11111 m AUTHORIZE SIGNATURE ON AGREEMENT BETWEEN THE BOARD OF
SUPERVISORS OF RIVERSIDE COUNTY AND COACHELLA VALLEY WATER DISTRICT FOR
PURCHASE OF A TAX -DEFAULTED PROPERTY WITHIN THE CITY OF LA QUINTA
IIII.IIIIIIIIII CO M M IIIIIIIIII IIPJ IIII' ""I":IIII':OIIPJ
Authorize the Mayor and City Clerk to execute an Agreement between the Board of
Supervisors of Riverside County and the Coachella Valley Water District that approves the
sales price for the District's purchase of a tax -defaulted property within the City of La
Quinta.
RIIII�KI!!!!!C[ I StIMM lR
The Coachella Valley Water District (CVWD) wishes to purchase a tax -defaulted
parcel located in the City of La Quinta (Attachment 1); said parcel adjoins two
CVWD well sites and the Coachella Valley Stormwater Channel (Channel).
• State law requires the City to agree to the $11,291.53 purchase price by executing
an Agreement to Purchase Tax -Defaulted Property (Attachment 2).
III�NIII III�IIIN�llllll 11� ► GTiT�
III III III �II�I�III II�II1111�1NIIIN
Everyyear, the County of Riverside's Treasurer and Tax Collector identifies tax -defaulted
properties available for purchase in Riverside County. CVWD identified a parcel of interest
in the City of La Quinta (APN 600-010-019). CVWD desires this parcel due to its proximity
to the Channel, and because it is located between two CVWD parcels that are reserved for
future well sites. Asa condition of the sale, State law requires the City to consent to the
purchase price.
I I'llllllllll lllf N
The City could not execute the agreement which would likely result in the property being
released for sale at public auction. However, since CVWD could make good use of this
property for maintenance access to the Channel, this alternative is not recommended.
Report prepared by: Maria Casillas, Management Analyst
Report approved by: Timothy R. Jonasson, P.E., Public Works Director/City Engineer
Attachments: 1. Vicinity map
2. County/CVWD Agreement
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ATTACHMENT 1
Aerial of APN 600-010-019 in the City of La Quinta
Feet
477
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ATTACHMENT 2
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IIIIIIIIIIIIPJIIII': h":IIII""h'llll 11111 m ADOPT RESOLUTION TO EXTEND TIME TO COMPLETE ON-SITE
IMPROVEMENTS FOR CITRUS EL DORADO LOCATED SOUTH OF AVENUE 50, WEST OF
JEFFERSON STREET
IIII. IIIIIIIIII C O M M IIIIIIIIII IIPJ IIII': ""h":IIII': O IIPJ
Adopt a resolution to extend the time to complete on-site improvements, as specified in
the approved Subdivision Improvement Agreement, for Tract Map No. 32751, Citrus El
Dorado.
II KI!!!C[ I StIMM Ifs.
• The developer, Citrus El Dorado, LLC, has requested City Council approval of a time
extension of the Subdivision Improvement Agreement to September 15, 2016 to
complete on-site improvements.
• The remaining on-site improvements include the final on-site street paving,
adjustment of the manholes and valves to grade, and survey monuments.
• There have been no public requests for completion of the on-site improvements;
therefore, staff recommends that the extension to September 15, 2016 be
approved.
None. Bonds of sufficient value are currently in place to secure the incomplete
improvements.
I�3AQKGRQI i IIPJ IIII': Ill II yS':IIII': S
On May 1, 2007, City Council approved Tract Map No. 32751 for the Citrus El Dorado
development, located south of Avenue 50 and west of Jefferson Street (Attachment 1).
The developer has constructed all on-site improvements except the final lift of pavement
for the private street, adjustment of the manholes and valves to grade, and the survey
monuments. In a letter dated July 16, 2015 (Attachment 2), the developer believes the
remaining improvements will be constructed twelve to eighteen months from July 2015.
Staff has received no public requests regarding completion of these on-site
improvements, and no residents currently live on the private street; therefore, approval is
recommended to extend the Subdivision Improvement Agreement to September 15,
2016.
ALTERNATIVES
Council may choose to not grant the time extension and require the improvements to be
built now; however, since no requests for the required improvements have been received
and requiring the improvements may create an unnecessary hardship for the developer,
this alternative is not recommended.
Report prepared by: Bryan McKinney, P.E., Principal Engineer
Report approved by: Timothy R. Jonasson, P.E.
Public Works Director/City Engineer
Attachments: 1. Vicinity Map
2. Letter from Scott Shaddix
180
RESOLUTION NO. 2015
-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA,GRANTING EXTENSION OF TIME TO
SEPTEMBER 15, 2016 FOR THE COMPLETION OF THE ON-
SITE IMPROVEMENTS AS SPECIFIED IN THE SUBDIVISION
IMPROVEMENT AGREEMENT FOR TRACT MAP NO. 32751,
CITRUS EL DORADO
WHEREAS
, the City Council approved the Subdivision Improvement Agreement
(SIA) for Tract Map No. 32751, on May 1, 2007; and
WHEREAS
, Section 6. Completion of Improvements, of the approved SIA
requires that the developer begin construction of the improvements within ninety
days and complete the construction within twelve months after the approval of the
Agreement; and
WHEREAS
, the recent six year recession caused multiple developer delays and
hardship resulting in an extended gap in time since the last Council-approved
extension to September 20, 2012; and
WHEREAS
, the developer, Citrus El Dorado, LLC, requested a time extension;
and
WHEREAS
, Section 8. Time Extension, of the approved SIA allows for, at the City
Councils sole and absolute discretion, an extension of time for completion of the
improvements with additions or revisions to the terms and conditions of the
Agreement.
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of La Quinta,
California, as follows:
SECTION 1. The time for the completion of the on-site improvements as required by
the approved SIA is extended to September 15, 2016.
SECTION 2. The time extension for completing the on-site improvements shall expire
when City offices close for regular business on September 15, 2016 if the installation
of the on-site improvements has not been completed.
SECTION 3. The provided security amount as required in the approved SIA is
satisfactory. No additional securities are required.
SECTION 4. All other terms, responsibilities and conditions as listed in the approved
SIA shall remain in full force and effect.
181
Resolution No. 2015-
Time Extension - Tract Map No. 32751
Adopted: September 15, 2015
Page 2
PASSED, APPROVEDADOPTED
and at a regular meeting of the La Quinta City
th
Council held on this 15 day of September 2015, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
___________________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
_____________________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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ATTACHMENT 1
TM 32751 CITRUS EL DORADO
V I C I N I T Y M A P
NOT TO SCALE
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S..I.. I: III; ; IP I[?, I'
0III;III11) . I17"'1111 illl;: ADOPT RESOLUTION ESTABLISHING A SUBMITTAL REQUIREMENTS
BULLETIN AND ELIGIBILITY CHECKLIST FOR EXPEDITED SOLAR PHOTOVOLTAIC
PERMITTING.
IIII'LIIIIIIIII;"� 0 M M IIIIIIIII; Ili����i l° 1°":IIII':OI��I
Adopt a resolution establishing a submittal requirements bulletin and eligibility checklist
for expedited solar photovoltaic permitting.
• Assembly Bill 2188 (AB 2188) requires the City to establish an expedited permitting
process for small residential solar systems of 10 kilowatts or less by September 30,
2015.
• On August 4, 2015, the City Council adopted Ordinance 527, which added Chapter 8.90
to the La Quinta Municipal Code establishing expedited permitting procedures for
small residential rooftop solar systems.
• This action would approve the bulletin and checklist to implement the expedited
permitting procedures.
SCA! 1141)AC C 1" - None.
ICI.QIIlllll'LI:IIYS':IIII':S
On September 21, 2014, Governor Brown signed AB 2188 into law requiring an expedited
permitting process for small residential solar systems of 10 kilowatts or less on or by
September 30, 2015. AB 2188 also mandates a checklist that identifies how an applicant
may achieve expedited review.
Ordinance 527 (Chapter 8.90 of the Code) established the expedited permit process. The
bulletin and checklist (Exhibits A and B to the resolution) will guide both applicants and
City staff in implementing Chapter 8.90.
III�IIIlrllliiNllll�l'�Ill�l�ll�
As the proposed resolution 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
187
188
RESOLUTION NO. 2015 - ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, ADOPTING SUBMITTAL
REQUIREMENTS BULLETIN AND ELIGIBILITY CHECKLIST
FOR EXPEDITED SOLAR PHOTOVOLTAIC PERMITTING FOR
PURPOSES OF IMPLEMENTING ORDINANCE NO. 527
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
, 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, and;
WHEREAS
, to assist in the implementation of Ordinance No. 527, which added
Chapter 8.90 to the La Quinta Municipal Code (Chapter 8.90) relating to standards for
small residential rooftop solar energy systems, the City Council desires to adopt a
checklist and bulletin for purposes of assisting both applicants and staff in furtherance
of the implementation of Chapter 8.90.
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of La Quinta,
California, as follows:
Submittal Requirements Bulletin Solar Photovoltaic Installations 10kW or
SECTION 1.
Less in One- and Two-Family Dwellings, attached hereto as Exhibit A, is hereby
adopted and shall be utilized in the implementation of Chapter 8.90.
SECTION 2. Eligibility Checklist for Solar Photovoltaic Permitting for One- and Two-
Family Dwellings, attached hereto as Exhibit B, is hereby adopted and shall be utilized
in the implementation of Chapter 8.90.
SECTION 3. This Resolution shall not become effective until the effective date of
Ordinance No. 527, relating to standards for small residential rooftop solar energy
systems.
PASSED, APPROVED,ADOPTED
and at a regular meeting of the La Quinta City
Council held on this day of , 2015, by the following vote:
189
Resolution No. 2015-
Grant App Authorization
Adopted: September 15, 2015
Page 2
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
__________________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
__________________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
190
EXHIBIT A
TOOLKIT DOCUMENT #1
Submittal Requirements Bulletin
Solar Photovoltaic Installations 10 kW or Less
in One- and Two-Family Dwellings
This information bulletin is published to guide applicants through a streamlined permitting process and
provides information about submittal requirements for plan review, required fees and inspections.
Approval Requirements
A Solar Permit is required from the Community Development Department Building Division for the
installation of a Photovoltaic System with a Maximum Rating of 10kW on One- and Two- Family
Dwelling Construction.
Planning Division review is not required for Photovoltaic System installations of this size.
Fire Department approval is not required for Photovoltaic System installations of this size.
Submittal Requirements
Completed Permit Application Form.
This permit application form can be downloaded at the City Building Division Website.
Compliance with the Eligibility Checklist for Expedited Permitting.
These criteria can be downloaded at the City Building Division Website. This Guidebook recommends use
of a simple checklist to clearly identify eligibility criteria for expedited permitting, where established.
Completed Standard Electrical Plan.
The standard plan may be used for proposed solar installations 10 kW in size or smaller and can be
downloaded at City Building Division Website. This Guidebook recommends use of a standard plan that
allows permit applicants to simply fill in information regarding a solar systems electrical configuration.
If standard electrical plans are not provided for use, an electrical plan is required to be submitted that
includes the following information:
Locations of main service or utility disconnect
Total number of modules, number of modules per string and the total number of strings
Make and model of inverter(s) and/or combiner box if used
One- or Three- line diagram of system
Specify grounding/bonding, conductor type and size, conduit type and size and number of
conductors in each section of conduit
If batteries are to be installed, include them in the diagram and show their locations and
venting.
Equipment cut sheets including inverters, modules, AC and DC disconnects, combiners and wind
generators.
Labeling of equipment as required by CEC, Sections 690 and 705 and CFC 605.11
Site diagram showing the arrangement of panels on the roof or ground, north arrow, lot
dimensions and the distance from property lines to adjacent buildings/structures (existing and
proposed)
A roof plan showing roof layout, PV panels and the following fire safety items:
191
Approximate location of roof access point, location of code-compliant access pathways, PV system
fire classification and the locations of all required labels and markings.
Examples of clear path access pathways are available in the State Fire Marshal Solar PV Installation
Guide. http://osfm.fire.ca.gov/pdf/reports/solarphotovoltaicguideline.pdf.
Completed expedited Structural Criteria along with required documentation.
Structural Criteria can be reviewed at the City Building Division Website.
For non-qualifying systems, provide structural drawings and calculations stamped and signed by a
California-licensed Civil or Structural Engineer, along with the following information.
The type of roof covering and the number of roof coverings installed
Type of roof framing, size of members and spacing
Weight of panels, support locations and method of attachment
Framing plan and details for any work necessary to strengthen the existing roof structure
Site-specific structural calculations
Where an approved racking system is used, provide documentation showing manufacture of
the rack system, maximum allowable weight the system can support, attachment method to
the roof or ground and product evaluation information or structural design for the rack system
This Guidebook recommends that local jurisdictions adopt a prescriptive approach to establishing minimal
structural requirements that avoids the need for structural calculations. A simple list of criteria is provided
in this Guidebook (Toolkit Document 5). A full explanation of the methods and calculations used to
produce these criteria can be found in the Structural Technical Appendix for Residential Rooftop Solar
Installations, which is available at
http://www.opr.ca.gov/docs/Solar_Structural_Technical_Appendix.pdf.
Plan Submittal and Review
Permit applications can be submitted in person at the Citys Permit Center, electronically through the
Citys Website or by email. All submittals to the maximum extent feasible will be reviewed by the end of
the following business day.
Permit applications submitted at the Citys Permit Center with a scheduled appointment and utilizing a
standard electrical plan may be reviewed and approved at the counter.
Utilization of the Citys Website and the eTRAKiT Portal will allow users to interact directly with the Permit
and Inspection software to have live status updates, monitor all applications at one location, including
application approvals and comments, make payments and schedule inspections. Contractors that
participate will be provided a login that will allow them to manage all jobs within the City from any web-
enabled device, allowing them to manage personal accordingly and with ease.
Contacts:
Physical Address: 78-495 Calle Tampico, La Quinta, CA 92253
Website: www.La-Quinta.org
Email: solarpermits@la-quinta.org
Fees
Description Permit Fee Plan Review Fee
Array, Inverter, Disconnect (First 20 Qty) $24.17 $24.17
Array, Inverter, Disconnect (each additional) $24.17 $24.17
192
Sub-Panel , Service Upgrade (per/each) $24.17 $12.09
Permit Issuance Fee $91.85
Building Standards Fee $1.00 per $25,000.00 Valuation
Typical/Approximate Solar Permit Fee; Including Plan Review Fees: $140.19
Inspections
Once all permits to construct the solar installation have been issued and the system has been installed,
it must be inspected before final approval is granted and the system is released to the power utility
company.
Inspections may be requested by telephone through the Community Development Department Building
Division Inspection Request Line at (760) 777-7153 or electronically through the Citys Website.
Inspections are performed the following business day from the date when they are requested, but may
be performed the same day if requested prior to 6:00 AM. Requests for inspection may not be requested
prior to one (1) day in advance.
Permit holders must be prepared to show conformance with all technical requirements in the field at
the time of inspection. The inspector will verify that the installation is in conformance with applicable
code requirements and with the approved plans, including the following items:
Number of Photovoltaic modules and associated model numbers match plan
Array conductors and components are installed in a neat and workman-like manner
Array(s) is/are properly grounded, and fastened in place per attachment details
Electrical boxes are accessible and connections are suitable for environment
Conductor ratings and sizes match plans
Overcurrent circuit protection devices (OCPDs) are rated and installed per plan
Equipment ratings and models are consistent with the approved plan
Appropriate signs are property constructed, installed and displayed, including PV power source
system attributes identification, and identification of AC point of connection, alternative power
system is onsite, PV circuit conductors and if the system is Ungrounded.
Departmental Contact Information
For additional information regarding this permit process, please consult the Community Development
Department Building Division website at www.la-quinta.org or call (760) 777-7125.
193
194
EXHIBIT B
TOOLKIT DOCUMENT #2
Eligibility Checklist for Expedited
Solar Photovoltaic Permitting for
One- and Two-Family Dwellings
GENERAL REQUIREMENTS
A.System size is 10 kW AC CEC rating or less Y N
B.The solar array is roof-mounted on one- or two-family dwelling or accessory structure Y N
C.The solar panel/module arrays will not exceed the maximum legal building height Y N
D.Solar system is utility interactive and without battery storage Y N
E.Permit application is completed and attached Y N
ELECTRICAL REQUIREMENTS
No more than four photovoltaic module strings are connected to each Maximum PowerPoint
Tracking (MPPT) input where source circuit fusing is included in the inverter Y N
1)No more than two strings per MPPT input where source circuit fusing is not included Y N
2)Fuses (if needed) are rated to the series fuse rating of the PV module Y N
3)No more than one noninverter-integrated DC combiner is utilized per inverter Y N
A.For central inverter systems: No more than two inverters are utilized Y N
B.The PV system is interconnected to a single-phase AC service panel of nominal 120/220
Vac with a bus bar rating of 225 A or less Y N
C.The PV system is connected to the load side of the utility distribution equipment Y N
D.A Solar PV Standard Plan and supporting documentation is completed and attached Y N
STRUCTURAL REQUIREMENTS
A.A completed Structural Criteria and supporting documentation is attached (if required) Y N
FIRE SAFETY REQUIREMENTS
A.Clear access pathways provided Y N
B.Fire classification solar system is provided Y N
C.All required markings and labels are provided Y N
D.A diagram of the roof layout of all panels, modules, clear access pathways and
approximate locations of electrical disconnecting means and roof access points
is completed and attached Y N
Notes:
1.These criteria are intended for expedited solar permitting process.
2.If any items are checked NO, revise design to fit within Eligibility Checklist, otherwise permit application
may go through standard process.
195
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IIIIIIIIIIIIPJIIII' F'1IIII""I'llll 11111 m ACCEPT ADAMS STREET SIGNAL AND STREET IMPROVEMENTS PROJECT
IIII.IIIIIIIIII CO M M IIIIIIIIII IIPJ IIII' ""I":IIII':OIIPJ
Accept the Adams Street Signal and Street Improvements Project as 100 percent
complete; authorize the City Clerk to file a Notice of Completion with the Office of the
County Recorder; and authorize staff to release retention in the amount of $34,753,
thirty-five days after the Notice of Completion is recorded.
IIIIIIIIIICII StiMM lR
This project entailed the installation of City -purchased traffic signal equipment, the
construction of median islands, the application of slurry seal, and the installation
of signage and striping on Adams Street between Highway 111 and the White
Water Channel.
• The work has been completed. Staff is requesting City Council acceptance of the
improvements in order to complete the contract and allow final payment to the
contractor.
SC III MIIII°)""I'
The following is the final accounting for this project:
Original Contract Amount
$ 676,784
Contract Change Order Nos. 1-2
$ 18,263
Final Contract Amount
$ 695,047
Project Budget
$ 1,116,122
Final Contract Amount
($ 695,047)
Traffic Signal Equipment, Utilities, Plans, and Other
Miscellaneous Construction Costs
($135,000)
Design, Professional, Testing, Inspection, Survey,
Personnel Budgets
($ 231,000)
Funds Remaining
$ 55,075
Adequate funding exists to close out this project. The estimated cost for ongoing
maintenance may range from $8,000 to $11,000 peryear (not including signal upgrades
or knock downs). As a new traffic signal, maintenance costs are expected to be low but,
as the signal ages, maintenance costs are expected to increase.
BACKGROUND/ANALYSIS
The Adams Street Signal and Street Improvement Project was designed to relieve
congestion and improve north/south passage on Adams Street between Highway 111 and
the Adams Street Bridge. The new signalized intersection at Corporate Center Drive has
also improved crossing Adams Street between the Kohls parking lot and The Pavilion at
La Quinta as well as other commercial developments along Corporate Center Drive.
On May 5, 2015, the City Council awarded a contract in the amount of $676,784 to
Granite Construction Company to construct the Adams Street Signal and Street
Improvements (Project No. 2012-01).
Contract Change Order No. 1 was issued for the relocation of Kohls parking lot lighting
conduit that was encountered while grading for the new curb. Contract Change Order No.
2 allowed for striping and signage modifications to the Kohls parking lot as well as
reconciled bid quantities to the actual quantities installed.
The project was deemed substantially complete on August 12, 2015. Per project
specifications, since the contractor finished the work early, no liquidated damages are
applicable.
The projects construction effort is now 100 percent complete and is in compliance with
the plans and specifications. Staff therefore recommends acceptance of the project and
release of the retention thirty-five days after the Notice of Completion is recorded.
ALTERNATIVES
Since the project has been constructed and reviewed for conformance to the plans and
specifications, staff does not recommend any alternatives to the recommended action.
Report prepared by: Ed Wimmer, P.E., Principal Engineer
Report approved by: Timothy R. Jonasson, P.E., Public Works Director/City Engineer
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IIIIIIIIIIIIPJIIII' F'1IIII""I'llll 11111 m ACCEPT PERIMETER LANDSCAPING PROJECT COMPLETED ON CITY -OWNED
LOTS LOCATED ON AVENUE 52 BETWEEN DESERT CLUB DRIVE AND AVENIDA NAVARRO
IIII.IIIIIIIIII CO M M IIIIIIIIII IIPJ IIII' ""I":IIII':OIIPJ
Accept the Perimeter Landscaping of City -Owned Lots on Avenue 52 Project as 100
percent complete; authorize the City Clerk to file a Notice of Completion with the Office of
the County Recorder; and authorize staff to release retention in the amount of $5,200,
thirty-five days after the Notice of Completion is recorded.
IIIIIIIIIICII StiMM lR
This project entailed installing desert landscaping and drip irrigation along the
perimeter of three City -owned vacant lots on the north side of Avenue 52 between
Desert Club Drive and Avenida Navarro.
• The work has been completed. Staff is requesting City Council acceptance of the
improvements in order to complete the contract and allow final payment to the
contractor.
SC III MIIII°)""I'
The following is the final accounting for this project:
Original Contract Amount
$
102,508
Contract Change Order No. 1
1,506
Final Contract Amount
$
104,014
Project Budget
$
3132000
Final Contract Amount
($104,014)
Projected Design, Professional, Technical, Personnel, Survey,
Utility, Plans, and Other Misc. Construction Costs/Budgets
($
77,337)
Funds Remaining
$
131,649
Adequate funding exists to close out this project. The estimated cost for ongoing
maintenance is $8,000 per year (which includes water, electricity and labor costs
associated with all three lots as well as any needed stabilization work).
IDR
BACKGROUND/ANALYSIS
In February 2015, City Council directed staff to advertise for construction bids to install
desert landscaping on the three City-owned vacant parcels. While the project featured
landscaping to match the median on the Avenue 52 frontage (Desert Efficient theme),
the side streets and Calle Amigo parkways utilized a reduced plant palette, boulders,
cobble, and decomposed granite to reduce water consumption and maintenance costs
(Desert Oasis theme).
On April 7, 2015, City Council awarded a contract for $102,508 to Golden Valley
Construction. On May 20, 2015, a Notice to Proceed was issued with a 45 working day
contract completion time starting June 1, 2015 and ending on August 3, 2015.
Contract Change Order No. 1 was issued for a 10 working-day time extension and costs
for the substitution of decomposed granite in lieu of hydro-mulch in the inner areas of the
vacant lots, as well as a contract quantity adjustment to reconcile the bid quantities with
the actual quantities installed.
The project was deemed substantially complete on August 17, 2015. The projects
construction effort is now 100 percent complete and is in compliance with the plans and
specifications. Staff therefore recommends acceptance of the project and release of the
retention thirty-five days after the Notice of Completion is recorded.
ALTERNATIVES
Since the project has been constructed and reviewed for conformance to the plans and
specifications, staff does not recommend any alternatives to the recommended action.
Report prepared by: Ed Wimmer, P.E., Principal Engineer
Report approved by: Timothy R. Jonasson, P.E., Public Works Director/City Engineer
200
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IIIIIIIIIIIIPJIIII' I";IIII""I'llll 11111 m RATIFIY PURCHASE OF DAIS TABLETOP FOR COUNCIL CHAMBERS
IIII.IIIIIIIIII CO M M IIIIIIIIII IIPJ IIII' ""I":IIII':OIIPJ
Ratify the purchase of the dais tabletop for the Council Chambers.
IIIIIIIIIICII StIMM lR
• After awarding the Council Chamber audio/visual/control system project, it was
determined that the dais tabletop needed to be replaced to accommodate the
new equipment.
• As there were no City Council meetings scheduled for August 18 and September
1, it was necessary to obtain City Manager approval for an emergency purchase
in order to have the Council Chamber project completed before Council
reconvened on September 15, 2015.
Staff solicited bids and three were received.
SC III MIIII°)""I'
The cost for this additional work was $42,800. Funds were available in the Capital
Improvements Project for Citywide Maintenance.
�3AOKGIROI i IIPJ IIII' IIPJ YS':IIII'S
The City circulated a request for proposals to replace the audio/visual system in the
Council Chambers. The project budget was $200,000. On July 7, 2015, the City Council
approved an agreement for $179,995 with AVIR Incorporated to replace the
audio/visual/control system.
When the old equipment was removed, it was determined that the dais tabletop must
be replaced. The new monitors, microphones and voting boards could not be easily
retrofitted into the existing tabletop. Bids were solicited from multiple contractors and
three bids were received. Carmel Mountain Cabinetry's bid in the amount of $42,800
was selected as the lowest and best bid. They have built and installed a new tabletop
and lectern.
I I' lllllllllllllfJlN Fl I` III S
Since this this work was required, no alternative is recommended.
Report prepared by: Steve Howlett, Golf, Parks, & Facilities Manager
Report approved by: Edie Hylton, Deputy City Manager
202
CONSENT CALENDAR ITEM NO. 15
m I .XA.. IN C.III..... III:III ..1.,.111.11 0, September 15, 2015
S..I.. I: III; ; IP IU:..I.'
01;II111I. ""I"lim'I"'IIII E: APPROVE ABATEMENT OF LA QUINTA CHAMBER OF COMMERCE LEASE
PAYMENTS FOR SEPTEMBER 2015 THROUGH JUNE 2016
IIII't lllllllll;l"� 0 i M IIIII......Ill�i I° 1°":IIII':Otl
Approve a request from the La Quinta Chamber of Commerce to abate lease payments
for the remaining months of Fiscal Year 2015/16.
'IIIIIIIII;C11°°IJ t11511i i JIII'IY
• The La Quinta Chamber of Commerce ("Chamber") leases office space in the main
lobby area at City Hall.
• The Chamber is currently undergoing a leadership transition. The process has
uncovered a number of unexpected financial obstacles.
• The Chamber requests to have rent and utility payments abated for the remaining
contract year.
IIII'°° ':IIII':5f
The impact for 2015/16 is a reduction in revenue of $8,000, which represents ten
payments of $800 per month ($600 rent and $200 utilities).
IWllQIII1011tlIIII' ,Illi JIII,YS':IIII':5
In August 2015, the Chamber's Board of Directors elected to replace their Chief Executive
Officer (CEO). On an interim basis they have brought in an experienced leader, Susan
Harvey. During this transition period, a number of financial obstacles and shortfalls have
been discovered. The Chamber Board and their staff have identified new policies and
procedures that prioritize existing membership investment collections, new member fees,
and outstanding payables and receivables. They are confident that these policies will
help them overcome their financial challenges.
On August 20, 2015, the City received a letter from Board Chairman, Jason Schneider and
Interim President/CEO, Susan Harvey asking for an abatement of lease payments from
September 2015 through June 2016. The Chamber entered into a lease agreement
(Attachment 1) with the City in November 2014 to lease office space in the main lobby at
City Hall. The agreement term is valid through November 30, 2017 and states that the
Chamber is to make monthly payments of $800. As required by the lease, the Chamber
delivered a written request for a waiver of lease payments (Attachment 2).
Jlll m'I°'lllllllll;int111l 11VES
Alternatives to total abatement include:
204
ATTACHMENT1
18
November
205
206
207
208
209
210
211
212
213
214
ATTATCHMENT2
215
216
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IIIIIIIIII IIPJIIII': I":IIII""I'llll 11111 m ADOPT RESOLUTION GRANTING CONDITIONAL APPROVAL OF FINAL MAP
ASSOCIATED WITH PARCEL MAP NO. 36921, LOCATED ON THE WEST SIDE OF ADAMS
STREET AND CORPORATE CENTER DRIVE
IIII.IIIIIIIIII CO M M IIIIIIIIII IIPJ IIII': ""I":IIII':OIIPJ
Adopt a resolution granting conditional approval of a Final Parcel Map associated with
Parcel Map No. 36921.
IIIIIIIIIICII StIMM lR
111 La Quinta LLC, the developer of the commercial center at the northwest corner
of Adams Street and Highway 111, has requested Final Parcel Map approval in
order to develop two commercial pads at the intersection of Adams Street and
Corporate Center Drive.
Final Parcel Map approval is a ministerial action. Technical corrections are the only
outstanding items; conditional approval allows 30 days to complete them.
None. No off-site improvements were required with this Final Parcel Map.
I�3AQKQR01 i IIPJ IIII':/ IIPJ yS':IIII':S
The project is located on the west side of Adams Street and Corporate Center Drive in the
Kohl's Shopping Center (Attachment 1). Two lots were created as part of a joint project
with the owners to construct a four-way intersection. The Community Development
Director approved Tentative Parcel Map 36921 to re -subdivide the property on July 15,
2015 (Attachment 2). The developer requests conditional approval of the Final Parcel
Map, which will allow the developer 30 days to complete the City Surveyor's map
corrections. If the developer fails to complete the corrections within 30 days, the map
will be rescheduled for City Council consideration only after all corrections are made.
I I' IIIRlIIIIIIIfJ1N "°1":1111II S
The City Council could deny conditional approval and require the developer to complete
all items. This would, however, unnecessarily delay development.
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 36921
PAIN
218
RESOLUTION NO. 2015
-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA,GRANTING CONDITIONAL
APPROVAL OF FINAL PARCEL MAP 36921 AND
AUTHORIZING A TIME EXTENSION FOR SATISFACTORY
COMPLETION OF THE CONDITIONAL REQUIREMENTS TO
VALIDATE THE APPROVAL
WHEREAS
, the City Council conducts only two regular meetings per month and
the time interval between these meetings occasionally creates an undue hardship for
business enterprises and individuals seeking approval of subdivision maps; and
WHEREAS
, the City Council, as a matter of policy, allows a subdivider to have
City staff present a map for consideration of approval when the requisite items
necessary for a final map approval are nearly, but not completely, finished thus
yielding to the subdivider additional production time for preparation of those items;
and
WHEREAS
, the subdivider has demonstrated to City staff and the City Council
that it has made sufficient progress with items required for final map approval, and it
is reasonable to expect the subdivider to satisfactorily complete the items, including
City staff review time, within thirty (30) days without adversely impacting other
ongoing work commitments of City staff; and
WHEREAS
, Section 66458(b) of the Subdivision Map Act grants the City Council
broad authority to authorize time extensions regarding final map approval, or
disapproval, upon receiving it for consideration; and
WHEREAS
, the City Council relies on City staff to review all required items for
conformance with relevant requirements, and it is therefore appropriate for the City
Council to approve the final map subject to review and confirmation of the required
items by City staff within a reasonable period of time.
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of La Quinta,
California, as follows:
SECTION 1. The Final Parcel Map 36921 is conditionally approved provided the
subdivider submits all required item(s) on or before October 15, 2015.
SECTION 2. The City Councils approval of the final map shall not be considered valid
until the City Engineer has signed the map indicating that it conforms to the tentative
tract map, the Subdivision Map Act, and all ordinances of the City.
SECTION 3. The City Engineer shall withhold his signature from the map until the
subdivider has completed the following requirement and any other requirements not
expressly described here to the City Engineers satisfaction:
219
Resolution No. 2015-
Parcel Map 36921
Adopted: September 15, 2015
Page 2
A.Provide Final Parcel Map signed by City Surveyor
SECTION 4. The City Clerk shall withhold affixing the City Seal to the map title page,
along with her attesting signature, until the City Engineer has signed the map.
SECTION 5. The time extension for satisfying the requirements of the conditional
approval for this final map shall expire when City offices close for regular business on
October 15, 2015. If the subdivider has not satisfied the requirements in Section 3,
herein, by the expiration deadline, the final map shall be considered disapproved.
Disapproval does not deny any rights the subdivider may have under the Map Act to
resubmit the final map for approval, or disapproval.
PASSED, APPROVEDADOPTED
and at a regular meeting of the La Quinta City
th
Council held on this 15 day of September 2015, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
________________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
_________________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
220
ATTACHMENT 1
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TENTATIVE PARCEL MAP 36921 (TPM2015-0003)
111 LA QUINTA LLC MICHAEL SHOVLIN
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BUSINESS SESSION ITEM NO. 1
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IIIIIIIIIIIIPJIIII': h":IIII""h'llll 11111 m INTRODUCE ORDINANCE AMENDING SEVERAL CHAPTERS OF TITLE 10 OF THE
MUNICIPAL CODE RELATING TO ANIMALS
IIII.IIIIIIIIII CO M M IIIIIIIIII IIII ""h":1111':0 IIPJ
A. Move to take up Ordinance No. 530 by title and number only and waive further reading.
B. Move to introduce at first reading, Ordinance No. 530 amending several chapters of
Municipal Code ("Code") Title 10 relating to animals.
IIIIIIIIIICII°°I":IIII':S IiMM lR
• At the July 7, 2015 meeting, Council reviewed and discussed proposed updates to Title
10 and, following public comment, Council directed staff to consider further revisions
specific to dog bites and impoundment requirements.
In response, staff is proposing additional changes specific to dog bites and
impoundment requirements.
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Six of the seven chapters of Title 10 of the Code are addressed in this report. No updates
were required to chapter 10.12 that pertains to animal control officers. The following
summarizes the significant changes to each chapter:
CHAPTER 10.04 DEFINITIONS
The amendments within this chapter are a result of language changes occurring in other
chapters of Title 10, as represented below.
CHAPTER 10.08 DOG LICENSES
The amendments in this chapter update the license application requirements to reflect the
mandatory microchipping of all dogs added to chapter 10.24.
CHAPTER 10.16 BITING
Chapter 10.16 has been updated in response to the public comment and Council direction
provided at the July 7, 2015 meeting. The proposed language improves the management of
animals that may be a threat to other animals and the public's health and safety. Current
Code language addresses dogs biting humans; however it does not address animal -to -
animal bites. At least three animal -to -animal bite incidents have occurred in the last three
years resulting in substantial injury or death.
`"i
New language is proposed requiring any animal that has bitten another animal or person to
attend and complete an obedience training course. It also provides for a citation to be
issued to the biting dog owner when a dog bites another dog.
CHAPTER 10.20 IMPOUNDMENT
This chapter has been updated in response to the public comment and Council direction
provided at the July 7, 2015 meeting. The proposed language is intended to assist animal
control officers in gaining better control of dangerous and/or vicious animals in the City
and to reflect the contractual relationship with the Riverside County Animal Shelter. From
January 2010 through September 2015, eleven dogs have been declared dangerous, and
vicious. An average of nine hours of investigation were involved in each case.
The key changes are:
Increased insurance requirements for dangerous and/or vicious animals.
Information from bite victims will be included in the incident investigation.
Any animal declared dangerous and/or vicious, with imposed conditions, will be required
to attend a City-approved obedience training course at the owners expense.
The owner of any animal declared dangerous or vicious, with imposed conditions, will be
required to pay an annual supplemental license fee to assist with record maintenance
and inspection costs.
A provision has been added to this chapter allowing for an animal owner to file a
petition requesting removal of the dangerous and/or vicious designation after a 36
month period if no additional incidents have taken place.
Staff contacted seven Valley municipalities to determine if any had enacted additional
ordinances to control dangerous and/or vicious animals, and to assess the effectiveness of
their ordinances. Six of the cities impose a supplemental annual fee for all dogs declared
dangerous and/or vicious, and two of the seven allow for the dangerous and/or vicious
animal designation to be automatically removed if there are no additional incidents that
have occurred within a specified time period.
CHAPTER 10.24 ANIMAL KEEPING
This chapter has been amended to include a new subsection requiring mandatory
microchipping of dogs. This effort is relatively nominal in expense (County Animal Shelter
charges $20) yet substantially increases the probability of a dog owner reclaiming his/her
impounded dog. Microchipping would be required prior to obtaining a dog license. Two
other cities in the Coachella Valley currently require mandatory microchipping.
CHAPTER 10.28 OFFENSES
This chapter has been updated to reflect the contractualrelationship with the Riverside
County Animal Shelter.
All chapters showing tracked changes are attached (Attachment 1).
ALTERNATIVES
Council may direct staff to make additional/different amendments and/or amend only
certain sections of these chapters of the Code.
Report prepared by: Anthony Moreno, Code Compliance/Animal Control Supervisor
Report approved by: Frank J. Spevacek, City Manager
Attachment: 1. Tracked Changes
226
Ordinance No.
Amendment to Title 10 Animals
Adopted: September 15, 2015
Page 1
ORDINANCE NO. 530
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, AMENDING SEVERAL CHAPTERS OF
TITLE 10 OF THE LA QUINTA MUNICIPAL CODE
WHEREAS,
Title 10 of the Municipal Code contains the chapters that address
animals;
WHEREAS,
a comprehensive review of Title 10 was undertaken to examine
each chapter for accuracy, relevance, streamlining, and language.
WHEREAS,
amendments to several chapters of Title 10 are needed as a result
of the comprehensive review to update the Municipal Code,
NOW, THEREFORE,
the City Council of the City of La Quinta does ordain as
follows:
CHAPTER 10.04 DEFINITIONS
shall be amended as written in Exhibit A
SECTION 1.
attached hereto.
CHAPTER 10.08 DOG LICENSES
SECTION 2. shall be amended as written in Exhibit A
attached hereto.
CHAPTER 10.16 BITING
SECTION 3. shall be amended as written in Exhibit A
attached hereto.
CHAPTER 10.20 IMPOUNDMENT
SECTION 4. shall be amended as written in Exhibit A
attached hereto.
CHAPTER 10.24 ANIMAL KEEPING
SECTION 5. shall be amended as written in Exhibit
A attached hereto.
CHAPTER 10.28 OFFENSES
SECTION 6. shall be amended as written in Exhibit A
attached hereto.
SEVERABILITY.
SECTION 7. 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.
227
Ordinance No.
Amendment to Title 10 Animals
Adopted: September 15, 2015
Page 2
. EFFECTIVE DATE
SECTION8: This Ordinance shall be in full force and effect thirty
days after its adoption.
. POSTING:
SECTION9 The City Clerk shall, within 15 days after passage of this
Ordinance, cause it to be posted in at least three public places designated by
resolution of the City Council, shall certify to the adoption and posting of this
Ordinance, and shall cause this Ordinance and its certification, together with proof of
posting to be entered into the Book of Ordinances of the City of La Quinta.
PASSED, APPROVEDADOPTED
and , at a regular meeting of the La Quinta City
Council held this ________ of ________ 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
__________________________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
_____________________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
228
Ordinance No.
Amendment to Title 10 Animals
EXHIBIT A
Adopted: September 15, 2015
Page 3
CHAPTER 10.04 DEFINITIONS
10.04.070 Vicious or dangerous animal.
A. The term vicious animal or dangerous animal means an animal which:
1. Has attacked or behaved in such a manner that the owner thereof knows or
should reasonably know that the animal has tendencies to attack or bite human
beings or another animal; or
2. Has twice within a thirty-six month period bitten, attacked, or shown the
disposition, tendency, or propensity to attack, bite, or otherwise cause injury or
attempt to cause injury to a person or another animal, engaged in lawful activity; or
3. Has once attacked or bitten a person engaged in lawful activity, causing death
or substantial injury; or
4. Has been determined by a doctor of veterinary medicine, after observation
thereof, as posing a danger to humans or domestic animals if not confined to an
enclosed area or muzzled; or
5. Has attacked or behaved in such a manner that the owner thereof knows or
should reasonably know that the animal has tendencies to attack domestic animals
without provocation; or
6. Has been trained for fighting or as an attack animal, except such animals which
are employed by a government agency, including the police department of the city or
county; or
7. Has been classified as dangerous, potentially dangerous or vicious by any other
local, county, or state animal control agency; or
8. When unprovoked, has on two separate occasions within the prior thirty-six
month period engaged in any behavior that required a defensive action by any person
to prevent bodily injury to himself or herself or another person during which the
person having been attacked and the attacking animal was off the property of the
owner or keeper of the animal; or
9.Has been outfitted with a training device for fighting or attack, such as a
weighted collar around the neck of the animal, or found to be allowed to hang
suspended from an object by biting into and holding onto the object with its
jaws,shall be presumed to be an animal trained as a fighting or attack animal; or
10. Of a species, breed, or kind (excluding dogs and cats), which in its wild or
untamed condition is capable of and, if aroused, is likely to cause death or serious
injury to a human being or which would cause serious fear or alarm to the average
person if seen wandering at large in an inhabited community; or
11. That meets the definition of vicious animal or dangerous animal contained
in California Food and Agriculture Code sections 31603 and 31604.
B. The term vicious animal or dangerous animal shall not apply to animals owned
and used by a government entity, including, but not limited to, public
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Ordinance No.
Amendment to Title 10 Animals
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Page 4
10.04.110 At large.
At large means an animal off the property of its owner without consent of the owner
of the property where the animal is found, or in or upon any unenclosed private place,
or premises, and not under restraint by leash or chain. (Ord. 415 § 1, 2005)
CHAPTER 10.08 DOG LICENSES
10.08.020 Exemptions.
A dog license tag is not required for any dog found within the city under any of the
following conditions:
A. When the dog is owned by, or in the care of, any person who is a nonresident or
who is traveling through the city, or who is temporarily sojourning therein, provided
the dog is kept within the city for less than thirty consecutive days and less than a
total of sixty days in any given year; or
B. When the dog has a valid license from either the county of Riverside or another
city within the county. This exemption shall be available for a maximum period not
exceeding one month for any given dog. (Ord. 415 § 1, 2005)
10.08.040 Fees.
A.The fee for a dog license shall equal an amount fixed from time to time by
resolution of the city council; provided, that in the absence of any such established
amount, the licensing authority may collect and deposit in the appropriate accounts
provided for such purpose a fee in the same amount as is applicable for similar dog
licensing in unincorporated areas of the county.
B. No fee shall be required for a license for any guide dog, signal dog or service dog if
such dog is in the possession and under the control of, in the case of a guide dog, a
blind person, or, in the case of a signal dog, a deaf or hearing-impaired person, or, in
the case of a service dog, a physically disabled person. (Ord. 415 § 1, 2005) A
certification that the dog serves as an official guide, signal, or service dog must be
provided.
10.08.050 Application.
The owner shall state at the time application for licensing is made, and upon standard
printed forms of applications provided for such purpose, the following information and
documentation for each dog:
A.Name and address of owner;
B.Address where dog is kept;
C.Name, breed, age, sex, whether dog is spayed or neutered, and the color of
the dog;
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Page 5
D.Proof of Microchip by written statement of a California Licensed Veterinarian
and microchip number.
10.16 BITING
CHAPTER
10.16.090 Animal bite unlawful.
A. Biting Animal Defined. For purposes of this section, an animal bite shall be
considered to have occurred when any animal bites any person, or another animal in
the city; provided, however, that the bite will not be subject to this section if: (1) the
person or animal bitten was provoking the animal at the time of the bite; (2) the
person or animal bitten was engaged in an unlawful activity at the time of the bite; (3)
the animal was within a fenced or otherwise enclosed area at the time of the bite; (4)
the animal was on a leash meeting the requirements of Section 10.28.010 at the time
of the bite; or (5) the person bitten is performing services at a veterinary facility at the
time of the bite. For the purposes of this section, the records of animal bites kept by
the city shall be deemed official records and shall establish a rebuttal presumption of
the number of bites recorded against a particular animal.
B. First Offense. If an animal is reported to and determined by the city to have bitten
any person, or another animal causing substantial injury, the owner or guardian of
said animal shall be guilty of an infraction punishable by a fine as provided in Section
1.09.020 of this code. Upon investigating and verifying a complaint of an animal bite,
an animal control officer shall issue a citation to the owner or guardian of said animal.
This citation shall be in addition to any action the animal control officer may deem
appropriate pursuant to Section 10.20.090 of this title. The owner shall also be
required to have the animal complete an obedience course at the owners sole
expense. The court must be approved by the City and written proof of completion
must be submitted to the City within sixty (60) days of a citation being issued, or
within sixty (60) days of the animal being released to its owner, whichever is later.
C. Subsequent Offense. If an animal is reported to and determined by the city to
have bitten any person, or another animal after a first offense citation has been
issued, or the animal has previously been adjudged to be dangerous or vicious as
provided in Section 10.20.090 of this title and bites any person, or another animal
subsequent to that adjudication, the owner or guardian of said animal shall be guilty
of a misdemeanor punishable by a fine of not more than one thousand dollars or by
imprisonment in the county jail for a period of not more than six months, or by both
such fine and imprisonment. Upon investigating and verifying a complaint of a second
animal bite or any animal bite by a dangerous or vicious animal, an animal control
officer shall issue a citation to the owner or guardian of said animal. This citation shall
be in addition to any action the animal control officer may deem appropriate pursuant
to Section 10.20.090 of this title.
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Ordinance No.
Amendment to Title 10 Animals
Adopted: September 15, 2015
Page 6
D. The owner of any animal which has bitten, attacked, or shown the disposition,
tendency, or propensity to attack, bite, or otherwise cause injury or attempt to cause
injury to a person, or another animal engaged in lawful activity who causes or allows
such animal to be at large shall be guilty of a misdemeanor punishable by a fine of not
more than one thousand dollars or by imprisonment in the county jail for a period of
not more than six months, or by both such fine and imprisonment. (Ord. 482 § 2, 2010;
Ord. 415 § 1, 2005)
CHAPTER 10.20 IMPOUNDMENT
10.20.020 Notification of owner.
The animal control officer shall immediately upon impoundment of dogs or other
animals make reasonable effort to notify the owners of dogs or other animals
impounded, and inform the owners of the procedures, if applicable, to regain custody
of the animals. If an impounded dog has a valid license, the owner shall be notified
pursuant to Section 1.01.300 of this code.. (Ord. 415 § 1, 2005)
10.20.030 Disposition of unclaimed animals.
A. All animals impounded at the city shelter or city-contracted shelter shall be
provided with proper and sufficient food and water. Unless unlicensed animals have
been claimed within five days after being impounded, or licensed dogs within ten days
after the notification provided for in Section 10.20.020, they may be sold by the animal
control officer or shelter operator to a person offering to pay a cash amount set by the
animal control officer or shelter operator; provided, that the purchaser shall not be
given possession of any dog until he or she has paid to the animal control officer or
shelter operator the license fee for the dog and until he or she has made appropriate
arrangements for any rabies vaccination, if necessary.
B. If any animal impounded by the animal control officer has not been claimed within
the period stated in this section and cannot be sold within a reasonable time
thereafter, it may be destroyed by the shelter operator or animal control officer in a
humane manner. In lieu of destruction, animals may be released without charge to
any humane organization that provides an animal adoption service.
C. The animal control officer shall maintain a file describing each animal impounded
in the city shelter or city-contracted shelter beginning on the day any such animal is
taken or delivered into the possession of the shelter. No animal found which, in the
opinion of the animal control officer, constitutes a threat to the public welfare shall be
adopted or released to any person who is not the owner of the animal. (Ord. 415 § 1,
2005)
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Amendment to Title 10 Animals
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Page 7
10.20.040 Destruction of animals dangerous to impound.
After providing notice to the owner, if known, a shelter operator is authorized to
forthwith destroy any animal lawfully impounded which the shelter operator
determines due to disease or other cause poses an imminent danger to persons or
other animals so that impoundment of the animal would cause serious threat to
others or would be inhumane to the animal. Nothing in this title shall be construed to
prevent an animal control officer or shelter operator from taking whatever action is
reasonably necessary to protect his or her person or other members of the public from
injury or damage, including immediate destruction of any vicious or dangerous animal
without notice to the owner or custodian. (Ord. 415 § 1, 2005)
10.20.050 Reclaiming animals.
The owner of any licensed impounded animal shall have the right to reclaim it at any
time prior to the lawful disposition thereof, upon payment to the shelter operator or
an animal control officer of the costs and charges provided in this title for impounding
and keeping such animals. Any person claiming ownership of any unlicensed
impounded animal shall be required to present proof of ownership satisfactory to the
shelter operator or animal control officer, and thereafter the animal may be released
to the claimant upon his or her making payment of all applicable costs, fees, and
charges prescribed in this title including, but not necessarily limited to, any veterinary
fees incurred and upon his or her making appropriate arrangements for any necessary
rabies vaccination. (Ord. 415 § 1, 2005)
10.20.060 Owners right to redeem animal from purchaser.
The owner of any impounded animal may, at any time within thirty days after sale by
a shelter operator or an animal control officer, redeem the animal from the purchaser
by paying him or her an amount of money equaling each of the following, in the
aggregate: the purchase price paid to the shelter operator or an animal control officer;
any license fee paid and rabies vaccination costs incurred; and rates established by
Section 10.20.080 for daily care and feeding for the number of days starting from the
date of sale to and including the date of redemption by the owner. (Ord. 415 § 1,
2005)
10.20.070 Owners liability to city when redeeming animal from purchaser.
In each case where the owner of an impounded animal redeems it from the
purchaser, irrespective of whether payment was made as prescribed in Section
10.20.060, the owner shall be liable for payment to the shelter operator or an animal
control officer for all fees prescribed pursuant to Section 10.20.080 for impounding
and for the daily care and feeding of the animal incurred during the impoundment,
deducting there from the sale price paid by the purchaser. The amount of the owners
liability under this section shall be deemed a debt to the city, and an action may be
commenced in the name of the city in any court of competent jurisdiction for the
amount of any such debt. (Ord. 415 § 1, 2005)
233
Ordinance No.
Amendment to Title 10 Animals
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Page 8
10.20.080 Impoundment fees.
Except in cases when disposition of an animal is made pursuant to Section 10.20.030,
a shelter operator or an animal control officer shall receive and collect fees for
impoundment, care, and feeding of impounded animals. The nature and amountsof
such fees shall be as fixed from time to time by resolution of the city council. In the
absence of any such fee or fees having been so established, a shelter operator or an
animal control officer may collect and deposit in the appropriate accounts provided
for such purpose, a fee or fees in the amount or amounts as is applicable for similar
functions or services in the unincorporated areas of the county. (Ord. 415 § 1, 2005)
10.20.090 Control and impoundment of dangerous or vicious animals.
A. No person owning or having the care or custody of a dangerous or vicious animal
shall permit such animal to go unconfined on the premises of such person. A
dangerous and viciousanimal is unconfined, as the term is used in this title, if such
animal is not securely confined indoors or confined in a securely enclosed and locked
pen or a run area upon the premises of said person. Such pen or run area must also
have secure sides six feet high and a secure attached top. If the pen or structure has
no bottom secured to the sides, the sides must be imbedded into the ground or
concrete. Such sides shall be imbedded into the groundno less than one foot deep. If
concrete is used, suchsides shall be imbedded no less than two inches into the
ground. Such pen shall be of adequate floor size as to allow said animal to be able to
move around and obtain adequate exercise. All gates or door openings through such
enclosures shall be equipped with a self-closing and self-latching device designed to
keep and capable of keeping such door or gate securely closed at all times when not
in actual use. Such latching device must be located not less than five feet above the
ground. The owner or custodian of an animal declared dangerous or vicious shall
allow an animal control officer or his or her deputies to inspect such pen or enclosure
at any reasonable hour to insure compliance with this section.
B. No person owning or harboring or having the care or custody of a dangerous or
vicious animal shall suffer or permit such animal to go beyond the premises of such
person unless the animal is securely muzzled and restrained with a chain having a
minimum tensile strength of three hundred pounds and not exceeding three feet in
length or, for animals under twenty pounds, on a chain as determined by the animal
control department to be adequate based on the animals size and strength. Such
animal shall be under the control of someone able to control and restrain the animal
and of eighteen years of age or more.
C. No person shall own or harbor any animalfor the purpose of fighting any other
animal nor train, torment, badger, bait or use any animalfor the purpose of causing or
encouraging said animalto unprovoked attacks on human beings or domestic
animals. Nor shall any person outfit any animal with a training device for fighting or
234
Ordinance No.
Amendment to Title 10 Animals
Adopted: September 15, 2015
Page 9
attack, such as a weighted collar around the neck of the animal. Nor shall any person
allow an animal to hang suspended from an object by biting into and hanging onto
the object with its jaws.
D. No person shall possess, with intent to sell, or offer to sell, breed, or buy or attempt
to buy within the city any vicious or dangerous animal.
E. Any person owning or harboring or having the care of any dangerous or vicious
animal shall maintain a policy of insurance in an amount not less than three hundred
thousand dollars insuring said person against any claim, loss, damage, or injury to
persons, domestic animals, or property resulting from acts, whether intentional or
unintentional, of the dangerous and vicious animal. Such person shall produce
evidence of such insurance upon the request of a law enforcement officer or animal
control officer.
F. Whenever an animal suspected of being dangerous or vicious is reported, an
animal control officer may investigate the circumstances, and if he or she finds that by
reason of theanimals acts, propensities, or disposition, there is possible cause to
believe it is a dangerous or vicious animal, as defined in this title, he or she shall
commence the process of having the animal declared dangerous or vicious by
providing written notice to the owner of the animal. The notice shall inform the owner
of the general facts and circumstances of the incident(s) that provide a basis for the
Citys action, shall state that the owner may request an administrative hearing in
writing within five (5) business days from service of the notice to determine whether
grounds exist for the dangerous or vicious declaration, and shall indicate at the
hearing, ifone is requested, the owner may present evidence as to why the animal in
question should not be declared dangerous or vicious, which include that the animal
(a) be destroyed in the interest of public safety, or (b) be required to be maintained as
set forth in this section. Ownership of an animal under investigation pursuant to this
section or already declared dangerous or vicious shall not be transferred to a new
owner or caretaker.
G. In addition to notifying the owner of the animal of the Citys intent to declare the
animal dangerous or vicious, the City shall contact the victim(s) of the incident(s) that
provide a basis for the Citys action in order to obtain any documentation and
information that the victim(s) desire to provide to assist the City in making a
determination concerning the proposed designation and the appropriate
consequences.
H. If the owner of an animal believed to be dangerous or vicious time requests an
administrative hearing before a hearing officer for the purpose of determining
whether his or her animal constitutes a dangerous and vicious animal, the City shall
schedule a hearing to be held no less than five (5) calendar days, but not more than
thirty (30) calendar days, from the date to receipt of the hearing request. At least
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Ordinance No.
Amendment to Title 10 Animals
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Page 10
three (3) days prior to a scheduled hearing date, the owner of the animal shall be
entitled to review all evidence in the Citys possession that the City intends to use at
the hearing. Failure of the owner to timely request a hearing, or failure of the owner to
attend or be represented at a scheduled hearing, shall be considered a waiver of the
right to a hearing. Under such circumstances, the animal shall be declared dangerous
or vicious and the City, taking into all known facts and circumstances including the
severity of any injury inflicted by the animal in question, shall either order that the
animal be maintained in accordance with the provisions of this section for the
remainder of the life of the animal or order that the animal be destroyed in the
interest of public safety.
I. The Director of the Community Development shall appoint a person or contract an
agency to provide a person who shall act as the hearing officer, preside at the
administrative hearing, and hear all facts and testimony presented and evidence . The
hearing officers compensation, if any, shall not in any way be impermissibly tied to
his/her decision making responsibilities. Any person designated to serve as a hearing
officer is subject to disqualification for bias,prejudice, interest, or for any other reason
for which a judge may be disqualified pursuant to Code of Civil Procedure Section
170.1. The owner of an animal desiring to challenge the hearing officer chosen to
preside over the administrative hearing must file a statement with the city manager
objecting to the hearing officer and setting forth the grounds for disqualification. The
question of disqualification shall be heard and determined in writing by the city
manager within ten days following the date on which the disqualification statement is
filed.
J.. The hearing officer, after hearing all the facts, reviewing all the evidence
submitted and taking into account the severity of the injury inflicted by the animal in
question, shall render one of three decisions: (a) the animal is deemed vicious or
dangerous and shall be destroyed in the interest of public safety; (b) the animal is
deemed vicious or dangerous and must be maintained in accordance with the
provisions of this section for the remainder of the life of the animal; or (c) the animal
is not deemed vicious or dangerous and is to be released to the owner. The hearing
officer shall deliver his or her determination of the hearing in writing within ten days
of the hearing to the animal control department and the owner of the animal at the
owners last known address. The determination of the hearing officer is final. Any
appeal of the hearing officers determination shall be made pursuant to the provisions
of California Food and Agriculture Code Section 31622.
K. If, after the administrative hearing, it is determined that the animal is vicious or
dangerous, and the hearing officer determines that the animal does not need to be
destroyed in the interest of public safety, the hearing officer shall order the owner,
and any person harboring or having care of the animal, to do all of the following:
236
Ordinance No.
Amendment to Title 10 Animals
Adopted: September 15, 2015
Page 11
(1.)
Keep the animal confined as provided in this section. If suitable restraints or
enclosures discussed in subsections A and B of this section are not immediately
available, or if the owner or keeper of such animal fails or refuses to
demonstrate that such restraints or enclosures are available or suitable, or if
restraint or confinement is impracticable, the animal shall be impounded until
the owner is able to comply with the hearing officers order. For any such
impoundment, the owner shall be liable to the city for payment of fees as
prescribed in Section 10.20.080, and any animal not reclaimed within thirty
calendar days after such impoundment shall be deemed abandoned and
unclaimed and shall be subject to destruction.
(2.)
Have the animal microchipped and photographed for positive future
identification. The microchipping procedure shall be performed by a California
licensed Veterinarian or authorized representative. This procedure shall be
performed at the owners expense. The animal will be made available to the
animal control department at a reasonable time for scanning to verify the
procedure and document the identification number of the microchip.
(3.)
Ensure the animal completes an obedience course at the owners sole expense.
The course must be approved in advance by the City and written proof of
completion must be submitted to the City within sixty (60) days of the owner
being notified of the dangerous or vicious animal declaration, or within sixty
(60) days of the animal being released to its owner, whichever is later.
(4.)
Obtain and maintain the insurance required by this section, and pay a
supplemental license fee in an amount established by resolution of the City
Council for the increased costs to the City of maintaining the records of the
animal and performing inspections to ensure compliance with all requirements
imposed.
(5.)
Comply with any additional orders that the hearing officer determines are
necessary to assure that the public health, safety and welfare are maintained
L. In cases where the animal is not impounded, and written notification of the
dangerous or vicious animal declaration has been given as herein provided, if an
owner fails to provide adequate restraint or control of the animal as ordered by the
hearing officer within thirty days, or if the owner thereafter at any time fails to
maintain the adequate restraint or control or comply with the orders of the hearing
officer, the owner shall be guilty of a misdemeanor, and the animal shall be
impounded and subject to appropriate disposal by the City. No animal found to be
dangerous, vicious or a threat to the public health and/or safety shall be placed up for
adoption to the public.
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M. Once an animal has been found to be vicious or dangerous, this finding shall
remain in effect for the remainder of the life of the animal, and the ownership of
the animal may not be transferred. Notwithstanding the foregoing, if there are no
additional instances of the behavior described in Section 10.07.070 of this Code
within a thirty-six (36) month period from the date of designation as a dangerous or
vicious animal, the owner may file a petition with the City requesting that the
dangerous or vicious animal designation be removed. If the City is satisfied based
on the information presented than there is no longer a risk to public safety, health
and /or welfare, the designation may be removed.
CHAPTER 10.24 ANIMAL KEEPING
10.24.100 Dangerous animals from outside city jurisdiction.
An animal that has been declared dangerous or vicious in any legal hearing, as a
result of aggressive behavior, outside the confines of the City of La Quinta, may not be
relocated in La Quinta.
10.24.120 Permit required.
Any person or business desiring to transport into the city for any commercial or
business related purposes, including, but not limited to, advertisement, circus, rodeo,
petting zoo, or animal rental, any animals considered large or dangerous including,
but not limited to, exotic, circus or fair type animals, rodeo animals, petting zoo
animals, and large snakes, shall first obtain a permit from the animal control
department. If requested, such person or agency will also make available to the
animal control department the animal in question and veterinary records of the
animal in question for the purpose of inspecting its health and safety. Such person or
business shall make available to the animal control department the name, address,
and contact information of the handlers/keepers of the animal for emergency
purposes. Such person or business shall also make available to the animal control
department the person or business emergency capture procedures and capture
equipment for inspection purposes to insure the safety of the citizens of the city and
the safety of the animals in question. If, in the belief of the animal control
department, the entry of such animals into or the continued presence of such animals
in the city constitutes a threat to the public health and safety, said permit application
may be denied. The permit, if issued, shall be subject to immediate revocation if the
animal control department determines that the presence of such animals in the city
constitutes a threat to the public health and safety. (Ord. 415 § 1, 2005)
10.24.130 Mandatory microchipping of dogs
.
A. All dogs over the age of four months must be implanted with an identifying
microchip by a California licensed Veterinarian or authorized representative. The
owner or custodian is required to provide the microchip number to the City, and
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shall notify the City of any change of ownership of the dog, change of address, or
telephone number. Nothing in this section supersedes, eliminates, or alters the
requirements of La Quinta Municipal Code 10.08.010, and any other licensing
requirements of this chapter.
B. Exemption. The mandatory microchipping requirements shall not apply to:
1.A dog with a high likelihood of suffering serious bodily injury, if implanted
with the microchip identification. The owner or custodian of the animal
must provide written confirmation of that fact from a California Licensed
Veterinarian.
C. Transfer and or sale of dogs.
1. An owner or custodian who offers any dog, at any age for sale, trade, or
adoption must provide the microchip identification number and the valid dog
license number with the offer of sale, trade or adoption. The license and
microchip number must appearon a document transferring the dog to the new
owner. Both the previous owner or custodian, and new owner, or custodian, are
required to update the City with the name and address of the new owner or
custodian in accordance with subdivision (A) of this section. Any violation of this
chapter shall be subject to the penalties as noted in La Quinta Municipal Code
1.09.020.
D.When an impounded dog is without microchip identification, in addition to
satisfying applicable requirements for the release of the animal, including but
not limited to payment of impound fees, the owner or custodian shall:
1.Have the dog implanted with a microchip by a California Licensed
Veterinarian, or authorized representative entirely at the owner, or
custodians expense. A written statement confirming that the microchip
has been implanted, must be provided to the City with the implanted
microchip number. The dog in custody will be released to the owner or
custodian after the procedure has been completed.
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CHAPTER 10.28 OFFENSES
10.28.030 Retention of animal by one other than owner.
No person shall, without the knowledge or consent of the owner, hold or retain
possession of any dog or other animal of which he or she is not the owner for more
than twenty-four hours without first reporting the possession of which to the animal
control officer, giving his or her name and address and the true description of the dog
or other animal, and then causing the dog or other animal to be impounded at the city
shelter or city-contracted shelter for return to the owner. Any person so holding an
animal shall surrender such animal upon demand of the animal control officer. At the
discretion of the animal control officer, any such finder of a dog or other animal may
be allowed to retain possession of the dog or other animal in lieu of impoundment. In
such a case, the animal control officer shall make all normal and regular efforts to
ascertain the true owner of the dog or other animal and advise him or her of the
whereabouts of the dog or other animal. (Ord. 415 § 1, 2005)
10.28.040 Unauthorized removal of animal from shelter.
No person shall remove any impounded animal from the city shelter or city-
contracted shelter without the consent of the animal control officer. No person shall
remove any animal from the custody of the animal control officer, including any
animal control department vehicle or any vehicle in use by the animal control
department or from any humane live trap in use by the animal control department or
its authorized agents. (Ord. 415 § 1, 2005)
10.28.090 Causing another persons animal to be disposed of.
A. Every person contacting the citys animal control department or taking an animal
to the animal control department for impoundment or disposal shall, if the animal is
not owned by him or her, inform the animal control department who the lawful owner
is, if known, and where and when the animal was found. If the lawful owner cannot be
determined, the animal control officer shall keep the animal as prescribed in Section
10.20.030 of this title.
B. It shall be unlawful for any person to take, deliver, or have delivered an animal to
the animal control officer or the city shelter or city-contracted shelter for
impoundment or disposal without disclosing to the animal control officer or the city
shelter or city-contracted shelter the name of the lawful owner of such animal, if
known.
C. It shall be unlawful for any property owner, or responsible person(s), including any
natural person, the parent or the legal guardian of any natural person under the age
of eighteen years, any corporation, association, organization, estate, group,
combination acting as a group, or any officer, agent, employee, or servant of any of
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the foregoing, to fail to board any animal left behind by a tenant. Any property owner
or responsible person that fails to make arrangements for the humane sheltering and
care of said animal for the length of time required by law and/or fails to make
arrangements with the sheltering agency is in violation of this section.
D. Enforcement of this section shall be performed by citation. Each day such violation
is committed or permitted to continue shall constitute a separate offense. When an
animal is found at large and is known to be from a vacant property, it shall be deemed
in violation of this section if the property owner or responsible person fails to take
control of the animal immediately. Notwithstanding any other provisions of this code,
the fine for violation of this section after receiving a warning from the animal control
officer shall be one hundred dollars for a first offense, two hundred dollars for a
second offense, and four hundred dollars for third and all subsequent offenses. In
order for the fines to escalate for multiple offenses as described herein, the offenses
must occur within a twelve-month period. (Ord. 415 § 1, 2005)
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify the
foregoing to be a full, true, and correct copy of Ordinance No. (enter number) which
was introduced at a regular meeting on the (date) day of (month), (year), and was
adopted at a regular meeting held on the (date) day of (month), (year), not being less
than 5 days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in the Rules of Procedure adopted by City Council
Resolution No. 2014-013.
__________________________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that
the foregoing ordinance was posted on , pursuant to Council Resolution.
__________________________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
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Chapter 10.04 DEFINITIONS
10.04.010 Definitions generally.
For the purposes of this title, unless it is plainly evident from the context that a
different meaning is intended, the terms used in this title shall have the following
meanings. (Ord. 415 § 1, 2005)
10.04.020 Animals.
Animal means all domestic animals, wild animals, livestock, poultry, or any other
animal. (Ord. 415 § 1, 2005)
10.04.030 Animal control officerHealth officer.
A. Animal control officer means all persons designated by the city as animal control
officer or such other person(s) as the animal control officer has designated to perform
the duties of the position, or such person with whom the city has contracted to
perform such duties, or such person who is otherwise obligated by lawto perform
such duties.
B. Health officer means the health officer of the city or county or such person or
persons as are duly authorized by law to perform local health officer duties within the
city. (Ord. 415 § 1, 2005)
10.04.040 Dog.
Dog means any member of the canine family and includes female as well as male
dogs. (Ord. 415 § 1, 2005)
10.04.050 Owner.
Owner means any person who is the legal owner, keeper, harborer, possessor or the
actual custodian of any animal. Ownership is established by a person registering as
the owner on a license or other legal document by a person claiming ownership and
taking possession of an animal, or by being in possession of an animal for thirty days
or more. If more than one person claims ownership of an animal, the person who is
identified on the license as the owner of the animal shall be considered the owner. If
more than one person is identified on the license as owner or if the animal is not
licensed, the presumption will be that the animal belongs to the occupant of the
residence where the dog resides the majority of the time unless proven otherwise.
(Ord. 415 § 1, 2005)
10.04.060 Unlicensed dog.
Unlicensed dog means any dog for which the license required under this title for the
current licensing year has not been issued, including circumstances where a license is
not issued for failure to pay the license fee, i.e., has not been purchased or has expired
without renewal fee having been timely paid, or to which the tag for the current year
provided for in this title is not attached. (Ord. 415 § 1, 2005)
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10.04.070 Vicious or dangerous animal.
A. The term vicious animal or dangerous animal means an animal which:
1. Has attacked or behaved in such a manner that the owner thereof knows or
should reasonably know that the animal has tendencies to attack or bite human
beingsor another animal; or
2. Has twice within a thirty-six month period bitten, attacked, or shown the
disposition, tendency, or propensity to attack, bite, or otherwise cause injury or
attempt to cause injury to a person or another animal, engaged in lawful activity; or
3. Has once attacked or bitten a person engaged in lawful activity, causing death
or substantial injury; or
4. Has been determined by a doctor of veterinary medicine, after observation
thereof, as posing a danger to humans or domestic animals if not confined to an
enclosed area or muzzled; or
5. Has attacked or behaved in such a manner that the owner thereof knows or
should reasonably know that the animal has tendencies to attack domestic animals
without provocation; or
6. Has been trained for fighting or as an attack animal, except such animals which
are employed by a government agency, including the police department of the city or
county; or
7. Has been classified as dangerous, potentially dangerous or vicious by any other
local, county, or state animal control agency; or
8. When unprovoked, has on two separate occasions within the prior thirty-six
month period engaged in any behavior that required a defensive action by any person
to prevent bodily injury to himself or herself or another person during which the
person having been attacked and the attacking animal was off the property of the
owner or keeper of the animal; or
9.Has been outfitted with a training device for fighting or attack, such as a
weighted collar around the neck of the animal, or found to be allowed to hang
suspended from an object by biting into and holding onto the object with its
jaws,shall be presumed to be an animal trained as a fighting or attack animal; or
10. Of a species, breed, or kind (excluding dogs and cats), which in its wild or
untamed condition is capable of and, if aroused, is likely to cause death or serious
injury to a human being or which would cause serious fear or alarm to the average
person if seen wandering at large in an inhabited community; or
11. That meets the definition of vicious animal or dangerous animal contained
in California Food and Agriculture Code sections 31626 31603 and 31604.
B. This provisionThe term vicious animal or dangerous animal shall not apply to
animals owned and used by a government entity, including, but not limited to, public
entities guard dogs or sentry dogs, as defined by Section 10.04.150 of this chapter.
(Ord. 415 § 1, 2005)
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10.04.080 Wild animal.
Wild animal means any animal not ordinarily and customarily domesticated, but of
a species, breed or kind which is wild by nature and not generally and commonly
propagated and raised by man or woman in this state for use as a household pet or
domestic or domesticated animal or which, because of its size, disposition, nature, or
other characteristics could constitute a danger to human life or property. The
definition of wild animal shall include feral animals. (Ord. 415 § 1, 2005)
10.04.090 Livestock.
Livestock means any animal commonly considered a barnyard animal or animals
raised for food production, including, but not limited to horses, cattle, sheep, goats,
hogs, pigs, rabbits, alpacas, llamas, emus, and ostriches. (Ord. 415 § 1, 2005)
10.04.100 Poultry.
Poultry means fowl, including, but not limited to, chickens, turkeys, ducks, geese,
guinea poultry, pigeons, peacocks, pheasants or any other large domestic or tame
birds. (Ord. 415 § 1, 2005)
10.04.110 At large.
At large means an animal off the property of its owner without consent of the owner
of the property where the animal is found, or in or upon any unenclosed private place,
or premises, and not under restraint by leash or chain. (Ord. 415 § 1, 2005)
10.04.120 Substantial injury.
Substantial injury means any physical injury that results in a broken bone, a muscle
tear, skin laceration or puncture wound. (Ord. 415 § 1, 2005)
10.04.130 Guide dog, service dog, signal dog.
Guide dog, service dog, and signal dog shall include those dogs that are used to
perform these respective functions (e.g., seeing eye dog for the blind, a signal dog for
the deaf, or a service dog for the handicapped) and those dogs in training to be guide
dogs, service dogs or signal dogs. (Ord. 415 § 1, 2005)
10.04.140 Cattery.
Cattery means any residence, structure, or premises, whether indoors or outdoors,
which houses, contains, maintains or provides shelter or sustenance for five or more
cats of four months old or older. (Ord. 415 § 1, 2005)
10.04.150 Guard dog.
Guard dog means a working dog, utilized to protect a commercial business, and
allowed to work without supervision on fenced premises to guard against trespass by
attacking or threatening to attack persons found within the enclosure patrolled by
such dog, and resisting leaving the protected premises without the presence of its
handler or owner.For the purposes of the ordinance codified in this title, a guard
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dog shall be considered a dangerous animal. Guard dog shall also mean sentry
dog. (Ord. 415 § 1, 2005)
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Chapter 10.08 DOG LICENSES
10.08.010 License required.
No person within the city owning, possessing, controlling, harboring or keeping any
dog over four months of age shall fail, refuse or neglect to procure a dog license tag
for such dog from the city manager or his or her authorized agent. No license issued
pursuant to this title shall be transferable. Within thirty days of transfer of dog
ownership, the new person claiming ownership of said dog shall complete a new
application for a dog license and shall procure a new license and tag providing
required information as set forth in Section 10.08.050. A rabies tag issued by a
veterinarian shall not be considered a city of La Quinta dog license. (Ord. 415 § 1,
2005)
10.08.020 Exemptions.
A dog license tag is not required for any dog found within the city under any of the
following conditions:
A. When the dog is owned by, or in the care of, any person who is a nonresident or
who is traveling through the city, or who is temporarily sojourning therein, provided
the dog is kept within the city for less than thirty consecutive days and less than a
total of sixty days in any given year; or
B. When the dog has a valid license from either the county of Riverside or another
city within the county. This exemption shall be available for a maximum period not
exceeding six one months for any given dog. (Ord. 415 § 1, 2005)
10.08.030 Term.
The effective period of each dog license issued shall be not more than three years and,
in no case, shall be valid for a period of time longer than the term of immunization
specified by the veterinarian performing the dogs rabies vaccination. (Ord. 415 § 1,
2005)
10.08.040 Fees.
A.The fee for a dog license shall equal an amount fixed from time to time by
resolution of the city council; provided, that in the absence of any such established
amount, the licensing authority may collect and deposit in the appropriate accounts
provided for such purpose a fee in the same amount as is applicable for similar dog
licensing in unincorporated areas of the county.
B. No fee shall be required for a license for any guide dog, signal dog or service dog if
such dog is in the possession and under the control of, in the case of a guide dog, a
blind person, or, in the case of a signal dog, a deaf or hearing-impaired person, or, in
the case of a service dog, a physically disabled person. (Ord. 415 § 1, 2005) A
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certification that the dog serves as an official guide, signal, or service dog must be
provided.
10.08.050 Application.
The owner shall state at the time application for licensing is made, and upon standard
printed forms of application provided for such purpose, his or her name and address
and the name, breed, color, age, history and sex,indicating whether or not the dog is
neutered or spayed, for each dog for which application is made. (Ord. 415 § 1, 2005)
The ownershall state at the time application for licensing is made, and upon standard
printed forms of applications provided for such purpose, the following information and
documentation for each dog:
A.Name and address of owner;
B.Address where dog is kept;
C.Name, breed, age, sex, whether dog is spayed or neutered, and the color of
the dog;
A.D.Proof of Microchip by written statement of a California Licensed Veterinarian
and microchip number.
10.08.060 Anti-rabies vaccination required.
As a condition for the issuance of a license, within thirty days prior to the issuance of
the license, all applicants for the license shall procure and deliver to the licensing
authority a certificate issued by a veterinarian certifying that the dog to be licensed
has been administered an anti-rabies vaccination approved for use in the state of
California by the California Department of Health Services, and has received an anti-
rabies vaccination sufficient to immunize the dog against rabies for the period of the
applied for license. (Ord. 415 § 1, 2005)
10.08.070 Issuance of tags and certificates.
A metallic tag and license certificate with corresponding number shall be furnished by
the licensing authority upon payment of the appropriate fee prescribed by Section
10.08.040 of this chapter and upon satisfaction of all conditions stated in this chapter
for licensing. (Ord. 415 § 1, 2005)
10.08.080 TagAttachment required.
The licensing authority shall keep a record of the owner or person making payment of
the license fee and to whom a certificate and tag has been issued, including the
number and date of the certificate and the tag. The metal tag issued shall be securely
fixed to a collar, harness, or other device to be worn at all times by the dog for which
the registration is issued. (Ord. 415 § 1, 2005)
10.08.090 TagDisplay required.
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No person shall fail or refuse to state his or her true name and residence address upon
demand of an animal control officer or any law enforcement officer, or toshow upon
demand of an animal control officer or any law enforcement officer, the license
certificate and the tag for any duly registered dog kept or remaining within any home
or upon any enclosed premises under his or her immediate control. (Ord. 415 § 1,
2005)
10.08.100 TagRemoval prohibited.
No one other than animal control personnel shall remove any dog collar, harness, or
other device to which is attached a registration tag for the current license year, or
remove the tag there from. (Ord. 415 § 1, 2005)
10.08.110 TagReplacement.
If the dog license tag is lost or destroyed, the owner shall immediately procure a
duplicate license tag from the licensing authority, for which a fee of one-half the
license fee set forth in Section 10.08.040 of this chapter shall be charged. (Ord. 415 §
1, 2005)
10.08.120 TagAltering or counterfeiting.
A. It shall be unlawful to alter, falsify or counterfeit a rabies vaccination certificate,
dog license certificate or dog license tag. No tag may be altered by anyone other than
the licensing authority or a duly appointed representative. No person shall make use
of or have in his or her possession or under his or her control a stolen, counterfeit or
forged dog license receipt, dog license tag, rabies vaccination receipt or other form
issued in accordance with this chapter.
B. It shall be a violation of this section to attach a city dog license to the collar,
harness, or other device of a dog for which the license has not been issued. (Ord. 415 §
1, 2005)
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Chapter 10.16 BITING
10.16.010 Biting animalsQuarantine orders.
Whenever it is shown that any animal has bitten any person or animal, or exhibits
evidence of rabies, no owner or person having custody or possession thereof, upon
order of the animal control officer or of the county health officer (or any other person
exercising the duties of health officer for the city) or their deputies, shall fail, refuse, or
neglect to quarantine the animal and keep it tied up or confined for a minimum period
of ten days, or shall fail, refuse, or neglect to allow the animal control officer or the
health officer or their deputies to make an inspection or examination thereof at any
time during such period. No such animal shall be removed or released during the
quarantine period without the written permission of the animal control officer or the
health officer or their deputies. Unless otherwise specified by the animal control
officer or the health officer, the animals shall be confined in a pound or shelter or a
veterinary hospital at owners expense. All provisions found in Section 10.16.040 shall
pertain to this section. (Ord. 415 § 1, 2005)
10.16.020 Animals dying while under quarantine.
The head of an animal dying while under isolation in quarantine shall be submitted to
the laboratory of the county health department for examination for rabies. No liability
shall incur to the city or any of its employees or agents for violation of this section.
(Ord. 415 § 1, 2005)
10.16.030 Knowledge of biteDuty to report.
Whenever any person owning or having charge, care, control, custody or possession of
any animal has knowledge that the animal has bitten any person, the person owning
or having charge, care, control, custody, or possession of the animal shall report the
fact forthwith to the animal control department. The report shall state the name and
address of the person bitten, the time and place of occurrence, and any other
information so requested by an animal control officer. (Ord. 415 § 1, 2005)
10.16.040 Bitten animalsWhen to be quarantined.
A. Whenever any animal is bitten by another animal having or suspected of having
rabies, or a bitten animal shows any symptoms of rabies, the owner or person having
possession of the bitten animal shall immediately notify an animal control officer or
the health officer and confine the animal, away from other animals, until it is
established to the satisfaction of the animal control officer or the health officer that it
does not have rabies. The animal control officer shall inspect the animal at the
beginning of quarantine and at the end of quarantine prior to release.
B. If the animal control officer or the health officer determines that exigent
circumstances exist that require swift action to save life, property or evidence of the
unlawful action, the animal control officer or thehealth officer shall have the
authority to enter onto any private property where the animal is kept or where it has
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strayed, to inspect and, if necessary, to seize and impound any animal suspected of
being rabid.
C. The period of quarantine shall be not less than ten days for dogs or cats and not
less than fourteen days for other animals. The animal control officer or thehealth
officer shall have the authority to quarantine any such animal at the owners
residence, or impound the animal at the owners expense. Any animal found to be in
violation of home quarantine order may be impounded and placed on quarantine at
the animal shelter if the owner or person having control thereof fails to confine the
animal orin casethe owner or person having possession thereof is not readily
accessible. (Ord. 415 § 1, 2005)
10.16.050 Disposition of animals appearing to have rabies.
A. If upon observation the animal control officer or the health officer determines that
any animal has rabies, he or she may after providing notice to the owner, if known,
destroy the animal forthwith, or hold the animal for further examination for such time
as he or she may consider advisable.
B. Unless otherwise authorized by state or federal law, no person other than the
animal control officer or a peace officer shall kill or cause to be killed any rabid animal,
any animal suspected of having been exposed to rabies, or any animal biting a
human, unless that person kills the animal in self-defense or in the defense of others.
No person shall remove a rabid animal or animal suspected of having been exposed to
rabies from the city without written permission from the animal control officer. This
section shall not apply to a veterinarian or his or her assistant(s) preparing an animal
suspected of rabies for an FRA rabies test. Results of such tests shall be reported to
the animal control department by the veterinarian or his or her assistant(s). (Ord. 415
§ 1, 2005)
10.16.060 Rabies epidemicsAuthority of health officer.
Whenever the county health officer (or any other person exercising the duties of
health officer for the city) determines that an epidemic of rabies exists or is
threatened, he or she shall have the authority to take such measures as may be
reasonably necessary to prevent the spread of the disease, including the declaration
of a quarantine for a period of not more than one hundred twenty days against any or
all animals in any area of the city as he or she may determine and define. An
additional or extended quarantine period may also be declared if it is deemed
necessary by the health officer for the protection and preservation of the public
health, peace, and safety. Subject to any restriction set out in this section, quarantine
declared under the provisions of this section shall be upon conditions that the health
officer determines and declares to be appropriate, consistent with state and federal
law. (Ord. 415 § 1, 2005)
10.16.070 Quarantine of a dog used by law enforcement.
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Notwithstanding any other provision of this title, a dog used by any state, special
district, federal, county, city, or city and county law enforcement agency shall not be
quarantined after biting any person if such bite occurred while the dog was being used
for any law enforcement purpose. The law enforcement agency shallnotify the
animal control department within its jurisdiction if the dog exhibits any abnormal
behavior and make the dog available to the department at any reasonable time. (Ord.
415 § 1, 2005)
10.16.080 Use of an animal as a threat or weapon.
It shall be unlawful for any owner of any animal to cause such animal to attack,
threaten to attack or pursue another person engaged in any lawful activity. (Ord. 415 §
1, 2005)
10.16.090 Animal bite unlawful.
A. Biting Animal Defined. For purposes of this section, an animal bite shall be
considered to have occurred when any animal bites any person, or another animalin
the city; provided, however, that the bite will not be subject to this section if: (1) the
person or animal bitten was provoking the animal at the time of the bite; (2) the
person or animal bitten was engaged in an unlawful activity at the time of the bite; (3)
the animal was within a fenced or otherwise enclosed area at the time of the bite; (4)
the animal was on a leash meeting the requirements of Section 10.28.010 at the time
of the bite; or (5) the person bitten is performing services at a veterinary facility at the
time of the bite. For the purposes of this section, the records of animal bites kept by
the city shall be deemed official records and shall establish a rebuttal presumption of
the number of bites recorded against a particular animal.
B. First Offense. If an animal is reported to and determined by the city to have bitten
any person, or another animal causing substantial injury, the owner or guardian of
said animal shall be guilty of an infraction punishable by a fine as provided in Section
1.09.0201.01.220 of this code. Upon investigating and verifying a complaint of an
animal bite, an animal control officer shall issue a citation to the owner or guardian of
said animal. This citation shall be in addition to any action the animal control officer
may deem appropriate pursuant to Section 10.20.090 of this title. The owner shall also
be required to have the animal complete an obedience course at the owners sole
expense. The court must be approved by the City and written proof of completion
must be submitted to the City within sixty (60) days of a citation being issued, or
within sixty (60) days of the animal being released to its owner, whichever is later.
C. Subsequent Offense. If an animal is reported to and determined by the city to
have bitten any person, or another animal after a first offense citation has been
issued, or the animal has previously been adjudged to be dangerous or vicious as
provided in Section 10.20.090 of this title and bites any person, or another animal
subsequent to that adjudication, the owner or guardian of said animal shall be guilty
of a misdemeanor punishable by a fine of not more than one thousand dollars or by
imprisonment in the county jail for a period of not more than six months, or by both
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such fine and imprisonment. Upon investigating and verifying a complaint of a second
animal bite or any animal bite by a dangerous or vicious animal, an animal control
officer shall issue a citation to the owner or guardian of said animal. This citation shall
be in addition to any action the animal control officer may deem appropriate pursuant
to Section 10.20.090 of this title.
D. The owner of any animal which has bitten, attacked, or shown the disposition,
tendency, or propensity to attack, bite, or otherwise cause injury or attempt to cause
injury to a person, or another animalengaged in lawful activity who causes or allows
such animal to be at large shall be guilty of a misdemeanor punishable by a fine of not
more than one thousand dollars or by imprisonment in the county jail for a period of
not more than six months, or by both such fine and imprisonment. (Ord. 482 § 2, 2010;
Ord. 415 § 1, 2005)
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Chapter 10.20 IMPOUNDMENT
10.20.010 Impounding of animals.
It shall be the function and within the power of the animal control officer to pick up,
impound, and safely keep any of the animals mentioned in this title found running at
large, staked, tied, or being herded or pastured in any street, lane, alley, court, square,
park, or other place belonging to or under the control of the city, or upon any private
property, which is acting in a manner that is contrary to the provisions of this title or to
the right of the public. (Ord. 415 § 1, 2005)
10.20.020 Notification of owner.
The animal control officer shall immediately upon impoundment of dogs or other
animals make reasonable effort to notify the owners of dogs or other animals
impounded, and inform the owners of the procedures, if applicable, to regain custody
of the animals. If an impounded dog has a valid license, the owner shall be notified
pursuant to Section 1.01.300 of this code., either personally or by telephone or by
deposit of appropriate notice in the mails addressed to the record address with
postage prepaid, or by posting the notice on the door of the owners residence. (Ord.
415 § 1, 2005)
10.20.030 Disposition of unclaimed animals.
A. All animals impounded at the city shelter or city-contracted shelter shall be
provided with proper and sufficient food and water. Unless unlicensed animals have
been claimed within five days after being impounded, or licensed dogs within ten days
after the notification provided for in Section 10.20.020, they may be sold by the animal
control officer or shelter operator to a person offering to pay a cash amount set by the
animal control officer or shelter operator; provided, that the purchaser shall not be
given possession of any dog until he or she has paid to the animal control officer or
shelter operator the license fee for the dog and until he or she has made appropriate
arrangements for anynecessaryrabies vaccination, if necessary.
B. If any animal impounded by the animal control officer has not been claimed within
the period stated in this section and cannot be sold within a reasonable time
thereafter, it may be destroyed by the shelter operator or animal control officer in a
humane manner. In lieu of destruction, animals may be released without charge to
any humane organization that provides an animal adoption service.
C. The animal control officer shall maintain a file describing each animal impounded
in the city shelter or city-contracted shelter beginning on the day any such animal is
taken or delivered into the possession of the shelter. No animal found which, in the
opinion of the animal control officer, constitutes a threat to the public welfare shall be
adopted or released to any person who is not the owner of the animal. (Ord. 415 § 1,
2005)
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10.20.040 Destruction of animals dangerous to impound.
After providing notice to the owner, if known, an animal control officera shelter
operator is authorized to forthwith destroy any animal lawfully impounded which the
shelter operatorofficer determines due to disease or other cause poses an imminent
danger to persons or other animals so that impoundment of the animal would cause
serious threat to others or would be inhumane to the animal. Nothing in this title shall
be construed to prevent an animal control officer or shelter operator from taking
whatever action is reasonably necessary to protect his or her person or other
members of the public from injury or damage, including immediate destruction of any
vicious or dangerous animal without notice to the owner or custodian. (Ord. 415 § 1,
2005)
10.20.050 Reclaiming animals.
The owner of any licensed impounded animal shall have the right to reclaim it at any
time prior to the lawful disposition thereof, upon payment to the shelter operator or
an animal control officer of the costs and charges provided in this title for impounding
and keeping such animals. Any person claiming ownership of any unlicensed
impounded animal shall be required to present proof of ownership satisfactory to the
shelter operator or animal control officer, and thereafter the animal may be released
to the claimant upon his or her making payment of all applicable costs, fees, and
charges prescribed in this title including, but not necessarily limited to, any veterinary
fees incurred and upon his or her making appropriate arrangements for any necessary
rabies vaccination. (Ord. 415 § 1, 2005)
10.20.060 Owners right to redeem animal from purchaser.
The owner of any impounded animal may, at any time within thirty days after sale by
a shelteroperator oran animal control officer, redeem the animal from the purchaser
by paying him or her an amount of money equaling each of the following, in the
aggregate: the purchase price paid to the shelter operatoror an animal control officer;
any license fee paid and rabies vaccination costs incurred; and rates established by
Section 10.20.080 for daily care and feeding for the number of days starting from the
date of sale to and including the date of redemption by the owner. (Ord. 415 § 1,
2005)
10.20.070 Owners liability to city when redeeming animal from purchaser.
In each case where the owner of an impounded animal redeems it from the
purchaser, irrespective of whether payment was made as prescribed in Section
10.20.060, the owner shall be liable for payment to the shelter operator or an animal
control officer for all fees prescribed pursuant to Section 10.20.080 for impounding
and for the daily care and feeding of the animal incurred during the impoundment,
deducting there from the sale price paid to an animal control officer by the purchaser.
The amount of the owners liability under this section shall be deemed a debt to the
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city, and an action may be commenced in the name of the city in any court of
competent jurisdiction for the amount of any such debt. (Ord. 415 § 1, 2005)
10.20.080 Impoundment fees.
Except in cases when disposition of an animal is made pursuant to Section 10.20.030,
a shelter operator or an animal control officer shall receive and collect fees for
impoundment, care, and feeding of impounded animals. The nature and amounts of
such fees shall be as fixed from time to time by resolution of the city council. In the
absence of any such fee or fees having been so established, a shelter operator or an
animal control officer may collect and deposit in the appropriate accounts provided
for such purpose, a fee or fees in the amount or amounts as is applicable for similar
functions or services in the unincorporated areas of the county. (Ord. 415 § 1, 2005)
10.20.090 Control and impoundment of dangerous or vicious animals.
A. No person owning or having the care or custody of a dangerous or vicious animal
shall permit such animal to go unconfined on the premises of such person. A
dangerous and vicious animal is unconfined, as the term is used in this title, if such
animal is not securely confined indoors or confined in a securely enclosed and locked
pen or a run area upon the premises of said person. Such pen or run area must also
have secure sides six feet high and a secure attached top. If the pen or structure has
no bottom secured to the sides, the sides must be imbedded into the ground or
concrete. Such sides shall be imbedded into the groundno less than one foot deep. If
concrete is used, such sides shall be imbedded no less than two inches into the
ground. Such pen shall be of adequate floor size as to allow said animal to be able to
move around and obtain adequate exercise. All gates or door openings through such
enclosures shall be equipped with a self-closing and self-latching device designed to
keep and capable of keeping such door or gate securely closed at all times when not
in actual use. Such latching device must be located not less than five feet above the
ground. The owner or custodian of an animal declared dangerous or vicious shall
allow an animal control officer or his or her deputies to inspect such pen or enclosure
at any reasonable hour to insure compliance with this section.
B. No person owning or harboring or having the care or custody of a dangerous or
vicious animal shall suffer or permit such animal to go beyond the premises of such
person unless the animal is securely muzzled and restrained with a chain having a
minimum tensile strength of three hundred pounds and not exceeding three feet in
length or, for animals under twenty pounds, on a chain as determined by the animal
control department to be adequate based on the animals size and strength. Such
animal shall be under the control of someone able to control and restrain the animal
and of eighteen years of age or more.
C. No person shall own or harbor any animalfor the purpose of fighting any other
animal nor train, torment, badger, bait or use any animalfor the purpose of causing or
encouraging said animalto unprovoked attacks on human beings or domestic
animals. Nor shall any person outfit any animal with a training device for fighting or
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attack, such as a weighted collar around the neck of the animal. Nor shall any person
allow an animal to hang suspended from an object by biting into and hanging onto
the object with its jaws.
D. No person shall possess, with intent to sell, or offer to sell, breed, or buy or attempt
to buy within the city any vicious or dangerous animal.
E. Any person owning or harboring or having the care of any dangerous or vicious
animal shall maintain a policy of insurance in an amount not less than three hundred
fifty thousand dollars insuring said person against any claim, loss, damage, or injury to
persons, domestic animals, or property resulting from acts, whether intentional or
unintentional, of the dangerous and vicious animal. Such person shall produce
evidence of such insurance upon the request of a law enforcement officer or animal
control officer.
F. Whenever an animal suspected of being dangerous or vicious is reported, an
animal control officer may investigate the circumstances, and if he or she finds that
the animal by reason of its the animals acts, propensities, or disposition, there is
possible cause to believe it is a dangerous or vicious animal, as defined in this title, he
or she may shall commence the process of having the animal declared dangerous or
vicious by providing written notice to the owner of the animal. The notice shall inform
the owner of the general facts and circumstances of the incident(s) that provide a
basis for the Citys action, shall state that the owner may request an administrative
hearing in writing within five (5) business days from service of the notice to determine
whether grounds exist for the dangerous or vicious declaration, and shall indicate at
the hearing, if one is requested, the owner may present evidence as to why the animal
in question should not be declared dangerous or vicious, which include that the
animal notify the owner in writing stating the facts and circumstances that such
determination has been made and that as a dangerous and vicious animal it is to be
in the animal control officers discretion to (a) be destroyed the animal in the interest
of public safety, or (b) be required that the animal to be maintained as required by set
forth in this section., or (c) determine the animal not to be dangerous or vicious. The
notice shall also notify the owner of the right to appeal and the time period for filing
an appeal of the determination.
The Oownership interest of an animal under investigation pursuant to this section or
already under such an order declared dangerous or vicious or the appeal of such an
order shall not be transferable transferred to a new owner or caretaker. during the
process. Once an animal hasbeen found to be vicious or dangerous, this finding shall
remain in effect for the remainder of the life of the animal, and the ownership of the
animal may not be transferred. Animals without an owner found to constitute a
threat to the public welfare will be destroyed in the interest of public safety. No
ownership rights can or shall be granted to a person other than the owner of such
animals at the time of the determination. The owner of a dangerous and vicious
animal must be eighteen years old or older.
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G. In addition to notifying the owner of the animal of the Citys intent to declare the
animal dangerous or vicious, the City shall contact the victim(s) of the incident(s) that
provide a basis for the Citys action in order to obtain any documentation and
information that the victim(s) desire to provide to assist the City in making a
determination concerning the proposed designation and the appropriate
consequences.
G.H. Upon request, If the owner of an animal declared believed to be dangerous or
vicious by an animal control officer shall be entitled to time requests an administrative
hearing before a hearing officer for the purpose of determining whether his or her
animal constitutes a dangerous and vicious animal, the City shall schedule a hearing
to be held no less than five (5) calendar days, but not more than thirty (30) calendar
days, from the date to receipt of the hearing request. The request for an
administrative hearing must be made by the owner of the animal at issue, in writing,
and must be delivered to the animal control department within ten calendar days of
receipt of the animal control officers determination that the animal constitutes a
dangerous and vicious animal. After a request for hearing is received, the date of the
hearing will be scheduled no less than five days, but not more than thirty days, from
the date of receipt of request for hearing. At least three (3) days prior to a scheduled
hearing date, the owner of the animal shall be entitled to review all evidence in the
Citys possession that the City intends to use at the hearing. Failure of the owner to
timely request a hearing, or failure of the owner to attend or be represented at a
scheduled hearing, shall be considered a waiver of the right to a hearing. Under such
circumstances, the animal shall be declared dangerous or vicious and the City, taking
into all known facts and circumstances including the severity of any injury inflicted by
the animal in question, shall either order that the animal be maintained in accordance
with the provisions of this section for the remainder of the life of the animal or order
that the animal be destroyed in the interest of public safety. The owner of the animal
shall be entitled to review all evidence in the citys possession to be used by the city in
the hearing at least three days prior to the hearing date.
H I. The Ddirector of the Community Development building and safety shall appoint a
person or contract an agency to provide a person who shall act as the hearing officer,
preside at the administrative hearing, and hear all facts and testimony presented and
evidence admitted and deemed appropriate. The hearing officers compensation, if
any, shall not in any way be impermissibleytied to his/her decision making
responsibilities. Any person designated to serve as a hearing officer is subject to
disqualification for bias, prejudice, interest, or for any other reason for which a judge
may be disqualified pursuant to Code of Civil Procedure Section 170.1. The owner of an
animal desiring to challenge the hearing officer chosen to preside over the
administrative hearing must file a statement with the city manager objecting to the
hearing officer and setting forth the grounds for disqualification. The question of
disqualification shall be heard and determined in writing by the city manager within
ten days following the date on which the disqualification statement is filed.
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I J.. The hearing officer, after hearing all the facts, reviewing all the evidence
submitted and taking into account the severity of the injury inflicted by the animal in
question, shall render one of three decisions: (a) the animal is deemed vicious or
dangerous and shall be destroyed in the interest of public safety; (b) the animal is
deemed vicious or dangerous and must be maintained according in accordance with
the provisions of to this section for the remainder of the life of the animal; or (c) the
animal is not deemed vicious or dangerous and is to be released to the owner. The
hearing officer shall deliver the his or her determination of the hearing in writing
within ten days of the hearing to the animal control department and the owner of the
animal at the ownerslast known address. The determination of the hearing officer is
final. Any appeal of the hearing officers determination shall be made pursuant to the
provisions of California Food and Agriculture Code Section 31622.
J K. If, after the appeal administrative hearing, it is determined that the animal is
vicious or dangerous, and the hearing officer determines that the animal does not
need to be destroyed in the interest of public safety, the hearing officer may shall
order the owner, and any person harboring or having care of the animal, to do all of
the following:
(1.)
Kkeep the animal confined as provided in this section. If suitable restraints or
enclosures discussed in subsections A and B of this section are not immediately
available, or if the owner or keeper of such animal fails or refuses to
demonstrate that such restraints or enclosures are available or suitable, or if
restraint or confinement is impracticable, the animal shall be impounded until
the owner is able to comply with the hearing officers order. For any such
impoundment, the owner shall be liable to the city for payment of fees as
prescribed in Section 10.20.080, and any animal not reclaimed within thirty
calendar days after such impoundment shall be deemed abandoned and
unclaimed and shall be subject to destruction.
(2.)
Have the animal microchipped and photographed for positive future
identification. The microchipping procedure shall be performed by a California
licensed Veterinarian or authorized representative. This procedure shall be
performed at the owners expense. The animal will be made available to the
animal control department at a reasonable time for scanning to verify the
procedure and document the identification number of the microchip.
(3.)
Ensure the animal completes an obedience course at the owners sole expense.
The course must be approved in advance by the City and written proof of
completion must be submitted to the City within sixty (60) days of the owner
being notified of the dangerousor vicious animal declaration, or within sixty
(60) days of the animal being released to its owner, whichever is later.
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(4.)
Obtain and maintain the insurance required by this section, and pay a
supplemental license fee in an amount established by resolution of the City
Council for the increased costs to the City of maintaining the records of the
animal and performing inspections to ensure compliance with all requirements
imposed.
(1.)(5.)
Comply with any additional orders that the hearing officer determines
are necessary to assure that the public health, safety and welfare are
maintained
KL. In cases where the animal is not impounded, and written notification of the
dangerous or vicious animal declaration has been given as herein provided, if an
owner fails to provide adequate restraint or control of the animal as ordered by the
hearing officer within thirty days, or if the owner thereafter at any time fails to
maintain the adequate restraint or control or comply with the orders of the hearing
officer, the owner shall be guilty of a misdemeanor, and the animal shall be
impounded and subject to summary destructionappropriate disposal by the City.
Notwithstanding any of the foregoing, nNo animal found to be dangerous, vicious or a
threat to the public health and/or safety shall be placed up for adoption to the public.
LM. Any person owning, harboring or having the care of any dangerous or vicious
animal shall have the animal microchipped and photographed for positive future
identification. The microchipping procedure shall be performed by a trained
professional to be chosen by the animal control department or a veterinarian. This
procedure shall be performed at the owners expense. The animal will be made
available to the animal control department at a reasonable time for scanning to verify
the procedure and document the identification number of the microchip. (Ord. 415 § 1,
2005) Once an animal has been found to be vicious or dangerous, this finding shall
remain in effect for the remainder of the life of the animal, and the ownership of the
animal may not be transferred. Notwithstanding the foregoing, if there are no
additional instances of the behavior described in Section 10.07.070 of this Code within
a thirty-six (36) month period from the date of designation as a dangerous or vicious
animal, the owner may file a petition with the City requesting that thedangerous or
vicious animal designation be removed. If the City is satisfied based on the
information presented than there is no longer a risk to public safety, health and /or
welfare, the designation may be removed.
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Chapter 10.24 ANIMAL KEEPING
10.24.010 Female dogs to be confined during breeding period.
No owner of an unspayedfemale dog shall fail, refuse or neglect during the
breeding period of the dog to confine it in such a manner which reduces, so far as is
practicable under the circumstances, the attraction of stray male dogs. (Ord. 415 § 1,
2005)
10.24.020 Wild animals to be confined.
No person owning any wild animal or operating any wild animal establishment,
shall fail, refuse or neglect to keep all wild animals under proper confinement on the
premises, or cause, permit, suffer or allow any wild animal to be or run at large, nor
shall any such person maintain any wild or dangerous or vicious animal on or within
any premises in such a manner as to endanger the life or limb of any person lawfully
entering the premises. This section shall be read in connection with the provisions of
Sections 10.24.035 and 10.24.050 of this chapter. (Ord. 415 § 1, 2005)
10.24.030 Kennels subject to zoning and health regulations.
Any person maintaining any kennel or pet shop shall conform to the zoning
regulations of the city which are applicable thereto, as well as any applicable health
regulations, and shall allow the animal control department to make an inspection of
the premises at any reasonable hour. (Ord. 415 § 1, 2005)
10.24.035 Standard of care.
Every person within the city who owns any animal or who owns, conducts,
manages or operates any animal establishment for which a license or permit is
required by this title, shall comply with each of the following conditions:
A. Housing facilities for animals shall be structurally sound and shall be maintained
in good repair to protect the animals from injury, to contain the animals and restrict
the entrance of other animals.
B. All animals shall be supplied with sufficiently good and wholesome food and
water as often as the feeding habits of the respective animals require.
C. All animals and all animal buildings or enclosures shall be maintained in a clean
and sanitary condition as per Section 10.24.070.
D. All animals shall be so maintained as to eliminate excessive noise as per Section
10.28.020.
E. Every reasonable precaution shall be used to ensure that animals are not
teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by
any person or other means.
F. No condition shall be maintained or permitted that is or could be injurious to an
animal.
G. Animal buildings and enclosures shall be so constructed and maintained as to
prevent the escape of animals. All reasonable precautions shall be taken to protect
the public from animals and animals from the public.
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H. Every precaution shall be made to isolate sick animals sufficiently so as not to
endanger the health of other animals or persons.
I. Every building or enclosure wherein animals are maintained shall be
constructed of material easily cleaned and shall be kept in a sanitary condition. The
building shall be properly ventilated to prevent drafts and to remove odors. Heating
and cooling shall be provided as required, according to the physical need of the
animals, with sufficient light to allow observation of animals and sanitation.
J. All animal rooms, cages, kennels and runs shall be of sufficient size to provide
adequate and proper accommodations for the animals kept therein.
K. Every animal owner shall provide their animals proper shelter and protection
from the weather at all times.
L. No person shall give an animal any alcoholic beverage or unlawful drug unless
prescribed by a veterinarian.
M. No person shall allow animals which are natural enemies, temperamentally
unsuited, or otherwise incompatible, to be quartered together or so near each other as
to cause injury, fear or torment for the animal. If two or more animals are trained to
be placed together and do not attack each other or perform or attempt to perform
any hostile act to the others, such animals shall be deemed not to be natural enemies.
N. No person shall allow the use of any tack, equipment, device, substance or
material that is, or could be, injurious or cause unnecessary cruelty to any animal.
O. No person shall fail to give working animals proper rest periods. Confined or
restrained animals shall be given exercise proper for the individual animal under the
particular conditions.
P. No person shall work, use or rent any animal which is overheated, weakened,
exhausted, sick, injured, diseased, lame or otherwise unfit.
Q. No person shall allow any animal which an animal control officer has suspended
from use to be worked or used.
R. No person shall display for profit or otherwise any animals bearing evidence of
malnutrition, ill health, unhealed injury or having been kept in an unsanitary condition.
S. No person shall allow any animal to constitute or cause a hazard, or be a
menace to the health, peace or safety of the community. (Ord. 415 § 1, 2005)
10.24.040 Maximum number of dogs.
Except for licensed pet shops and kennels, no person shall own, keep or harbor, nor
shall the owner or occupant of any premises keep or permit on or in such premises
more than four dogs of four months of age or older. (Ord. 415 § 1, 2005)
10.24.045 Catteries.
It shall be unlawful to maintain catteries in the city of La Quinta. (Ord. 415 § 1,
2005)
10.24.050 Keeping wild, exotic and dangerous animals and reptiles.
A. No person shall own, keep, harbor or maintain on or in any premises within the
city any wild, exotic, or dangerous animal or reptile without written consent of the
animal control department or absent the proper applicable city, county, state and/or
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federal permits. Denial of consent to keep a wild animal by the animal control
department may be appealed within ten days of that denial. The request must be
made in writing and delivered to the director of building and safety within ten
calendar days of receipt of the animal control officers decision, which decision shall
include notification regarding the right and procedures for appeal of the decision. The
director of building and safety shall appoint a person or contract an agency to provide
a person who shall preside at a hearing and hear all facts and testimony presented
and deemed appropriate. After a request for hearing is received, the date of the
hearing will be scheduled not less than five days, but not more than thirty days, from
the date of receipt of request for hearing. The hearings shall be held consistent with
the procedural provisions set forth in Section 10.20.090(F) of this title.
B. Subject to the citys zoning ordinances, only those wild animals, poultry, reptiles
and exotic animals which are permitted by the laws of the state of California to be
possessed, and for which a permit has been obtained from the Department of Fish and
Game, which permit is current, shall be allowed within the city.
C. All animals shall be registered with the animal control department. As a
condition to registration, an owner of an animal must present a valid state permit to
the animal control agency. Application and animal registration shall include, but not
necessarily limited to, the following:
1. The applicants name, address, telephone number and, if different, the address
and telephone number of the proposed location where the animal is to be maintained
and the purpose for the keeping of such animals;
2. A complete description and any identifying tattoos, microchips, brands, or
similar marking of the animal, including its species, name, sex, date of birth and/or
age;
3. Recent color photograph(s) of the animal;
4. A complete description of and plot plan showing the location and the facilities
to be used to insure the keeping of the animal in a safe, secure, and humane manner;
5. Any information known by the applicant concerning vicious or dangerous
propensities of such animal;
6. Prior history of incidents affecting the public health or safety involving said
animal;
7. Noises and/or odors anticipated in keeping such animal;
8. Written assurance and any supporting instruments that the applicant is in
compliance with all applicable local, state, and federal laws and regulations regarding
such animal;
9. Any additional information required by the animal control department at the
time of filing such application or thereafter.
D. No permit will be granted under thissection to a person who has been found
guilty of cruelty to animals.
E. An animal control officer may issue a city permit for a wild, exotic, and
dangerous animal or reptile if each of the following conditions is met by the applicant
to the animal control officers satisfaction: (1) the requirements of the city zoning
ordinance are met; (2) the applicant has obtained any other city, county, state and/or
federal permits required under the law; (3) the applicant has otherwise complied with
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city, county, state and/or federal having to do with the subject animal; (4) the
applicant has made the necessary showing that adequate safeguards have been
established and will be maintained in order to effectively control the dangerous or
vicious propensities of such animal or reptile; (5) the applicant shows that any danger
to individuals or property has been eliminated, that the keeping or maintaining of such
animal or reptile will in no way constitute a nuisance to the occupants of any
surrounding property, and that the proposed site is adequate in size and shape to
accommodate the number and type of animals for which the permit is requested and
will not result in harm to the animals or reptiles or material detriment to the use,
enjoyment or valuation of the property of other persons located in the vicinity of the
site; and (6) upon the applicants payment of a fee in the amount set from time to
time by resolution of the city council or in the absence of any such established
amount, the licensing authority may collect and deposit in the appropriate accounts
provided for such purpose a fee in the same amount as is applicable for similar dog
licensing in unincorporated areas of the county. Such permit shall be valid only so long
as the owner possesses all other required governmental permits and does not violate
this title.
F. The initial fee for the issuance of each permit shall be valid for one year. The fee
for renewal of an unexpired permit shall be the same as for an original permit, unless
modified by a resolution of the city council. Each succeeding year, a renewal permit
shall be obtained by the holder of said permit. In the event such animal is relocated
within the city, a renewal permit shall be obtained for that location at no cost to the
owner. The fee for the issuance of a renewal permit shall be established by city council
resolution or in the absence of any such established amount, the city may collect and
deposit a fee in the same amount as is applicable for similar dog licensing in
unincorporated areas of the county. The fee shall be due and payable each year on
the anniversary of the date of issuance of the initial permit. If during the preceding
year or years, more than one initial permit has been issued to an applicant, the former
permits may be consolidated so that only one renewal permit exists; provided,
however, that the renewal date for the consolidated permit shall be the expiration
date of the earliest initial permit.
G. The premises on which said animal is maintained shall be open at any
reasonable hour for inspection by the animal control department. Permits issued
pursuant to this section shall be surrendered for inspection by the permittee upon
request of an animal control officer or law enforcement officer.
H. The animal control department may revoke any permit issued pursuant to this
section whenever an animal control officer determines from an inspection, or an
inspection and report by the California Department of Fish and Game, or an
investigation of a cruelty complaint, that any permittee fails to comply with all of the
conditions of this title, or is found to be in violation of any city, county, state or federal
law. A notice of revocation shall be provided to the permit holder. The notice shall
state that it will not be effective for a period of ten calendar days, during which the
permit holder may appeal the determination. The procedures for appeal shall be those
set forth in subsection A of this section. Nothing in this section shall be construed to
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prevent the animal control department from taking any and all actions permitted by
law to prevent cruelty to animals.
I. If, after having his or her permit revoked, the permittee proves to the
satisfaction of the animal control department that each of the conditions and
requirements set forth in this section and any other applicable section have been met,
the animal control department will provide permittee a written notice indicating such
compliance and, upon receipt of such written notice, the permit shall be deemed in
full force and effect. Nothing in this section shall be construed to prevent the animal
control department from refusing to reinstate such permit if it is believed to be in the
best interest of the public or the health or safety of the animal involved.
J. Notwithstanding any of the foregoing, the ownership of venomous reptiles shall
be prohibited in the city. No person shall own, keep, harbor or maintain on or in any
premises within the city any venomous reptile. Nothing in this section, or in this title,
or in the city of La Quinta Municipal Code shall be construed as to allow the possession
of such animals within the city limits with or without applicable permits. (Ord. 415 § 1,
2005)
10.24.060 Animals near buildings.
It is a public nuisance and it is unlawful for any person to keep any animal, poultry,
or bird, wild or domestic, except customary household domestic pets, within fiftyfeet
of any building, school, church, hospital, or any residence or dwelling house or other
buildings used for the habitation of human beings. (Ord. 415 § 1, 2005)
10.24.070 Animals on unsanitary premises.
It is a public nuisance, and it is unlawful, for any person to keep or permit to be kept
on any premises any wild or domestic animal, poultry, or bird, when the premises or
the animal, poultry or bird is offensive, obnoxious, filthy, or maintained in any
unsanitary condition. (Ord. 415 § 1, 2005)
10.24.080 Livestock prohibited in certain areas.
No livestock or hoofed animal, barn yard poultry, or rabbits may be kept on any lot
or combination of adjoined lots less than one acre in size as per this code. No person
may keep more than two horses per one acre parcel. For parcels in excess of one acre,
up to three horses per additional acre or portion thereof shall be allowed. Foals under
one year of age shall not be counted in calculating the maximum number of horses
under this section. (Ord. 415 § 1, 2005)
10.24.090 Disposal of carcasses.
Unless otherwise instructed by city, state or federal officials, it is a public nuisance,
and it is unlawful, for the owner, possessor, or the person responsible for the death
thereof, to fail to cause any dead animal or part thereof to be buried later than six
hours after the death of such animal. For purposes of this section, buried means to
be placed underground so that there is at least three feet of soil above the carcassof
the animal for animals weighing two hundred pounds or less and at least six feet of
soil above the carcass of an animal weighing more than two hundred pounds. In the
265
alternative, buried for purposes of this section also means to be disposed of in some
sanitary manner approved in writing by the city; provided, however, that this section
shall not apply to animals slaughteredfor and fit for human food or animals killed in
violation of Chapter 10.16 of this title. (Ord. 415 § 1, 2005)
10.24.100 Dangerous animals from outside city jurisdiction.
The owner of any animal introduced into the city which has been determined to be
dangerous, vicious, a nuisance, or a threat to the health and safety of humans or
animals by another jurisdiction, shall conform to the standards set forth in Section
10.20.090 of this title. (Ord. 415 § 1, 2005)
An animal that has been declared dangerous or vicious in any legal hearing, as a
result of aggressive behavior, outside the confines of the City of La Quinta, may not be
relocated in La Quinta.
10.24.110 Keeping of guard dogs.
It shall be unlawful to keep a guard dog on any premises, unless the guard dog is
fenced within the premises or confined within the building and kept in such a manner
that it cannot come into contact with persons or other animals that are lawfully on
said premises. Any premises containing a guard dog shall also be posted at every fifty
foot interval around the perimeter of the area guarded by the guard dog and at all
entrances and exits to the area. In locations where the minimum outside dimensions
are less than fifty feet, the signs shall be placed at the beginning and end of that
premises. The signs shall state: WARNINGGUARD DOG ON DUTY. Such signs shall
also state the name, address, and telephone number of the guard dog company
furnishing the dog for hire, if any, and the telephone number of the owner or caretaker
of the premises. Each guard dog in use in the city shall be registered and licensed in
the city and have a tag affixed to its collar which must be worn at all times. (Ord. 415
§ 1, 2005)
10.24.120 Permit required.
Any person or business desiring to transport into the city for any commercial or
business related purposes, including, but not limited to, advertisement, circus, rodeo,
petting zoo, or animal rental, any animals considered large or dangerous including,
but not limited to, exotic, circus or fair type animals, rodeo animals, petting zoo
animals, and large snakes, shall first obtain a permit from the animal control
department. If requested, such person or agency will also make available to the
animal control department the animal in question and veterinary records of the
animal in question for the purpose of inspecting its health and safety. Such person or
business shall make available to the animal control department the name, address,
and contact information of the handlers/keepers of the animal for emergency
purposes. Such person or business shall also make available to the animal control
department the person or business emergency capture procedures and capture
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equipment for inspection purposes to insure the safety of the citizens of the city and
the safety of the animals in question. If, in the belief of the animal control
department, the entry of such animals into or the continued presence of such animals
in the city constitutes a threat to the public health and safety, said permit application
may be denied. The permit, if issued, shall be subject to immediate revocation if the
animal control department determines that the presence of such animals in the city
constitutes a threat to the public health and safety. (Ord. 415 § 1, 2005)
10.24.130 Mandatory microchipping ofdogs.
A. All dogs over the age of four months must be implanted with an identifying
microchip by a California licensed Veterinarian or authorized representative. The
owner or custodian is required to provide the microchip number to the City, and
shall notify the City of any change of ownership of the dog, change of address, or
telephone number. Nothing in this section supersedes, eliminates, or alters the
requirements of La Quinta Municipal Code 10.08.010, and any other licensing
requirements of this chapter.
B. Exemption. The mandatory microchipping requirements shall not apply to:
1.A dog with a high likelihood of suffering serious bodily injury, if implanted
with the microchip identification. The owner or custodian of the animal
must provide written confirmation of that fact from a California Licensed
Veterinarian.
C. Transfer and or sale of dogs.
1. An owner or custodian who offers any dog, at any age for sale, trade, or
adoption must provide the microchip identification number and the valid dog
license number with the offer of sale, trade or adoption. The license and
microchip number must appear on a document transferring the dog to the new
owner. Both the previous owner or custodian, and new owner, or custodian, are
required to update the City with the name and address of the new owner or
custodian in accordance with subdivision (A) of this section. Any violation of this
chapter shall be subject to the penalties as noted in La Quinta Municipal Code
1.09.020.
D. When an impounded dog is without microchip identification, in addition to
satisfying applicable requirements for the release of the animal, including but
not limited to payment of impound fees, the owner or custodian shall:
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1.Have the dog implanted with a microchip by a California Licensed
Veterinarian, or authorized representative entirely at the owner, or
custodians expense. A written statement confirming that the microchip
has been implanted, must be provided to the City with the implanted
microchip number. The dog in custody will be released to the owner or
custodian after the procedure has beencompleted.
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Chapter 10.28 OFFENSES
10.28.010 Dogs running at large.
A. No owner or keeper of a dog shall allow or permit the dog, whether licensed or
unlicensed, to be or run at large in or upon any public place or premises, or in or upon
any unenclosed private place or premises, or in or upon any enclosed private place or
premises other than those of the owner or keeper except with consent of the person in
charge of the private place or premises where the dog is found, unless the dog is
securely restrained by a substantial leash not exceeding twelve feet in length and is in
charge and control of a person competent to keep the dog under effective control. No
lead, leash, tether, or chain used to secure a dog on private property shall extend into
the right-of-way. Voice control, electronic control, eye control or signal control shall
not be considered adequate restraint. If any dog at large bites any person, the owner
or guardian of such dog shall be deemed guilty of an infraction or a misdemeanor as
provided in Section 10.16.090.
B. Any animal found at large three times or more during any twenty-four month
period shall be deemed a public nuisance. Such animal, upon impoundment, will be
held until the owner provides secure containment for the animal and satisfactory
proof of liability insurance. The owner shall be responsible for any fees incurred in
holding the animal. If the owner fails to provide acceptable containment within thirty
days, the animal may be destroyed by humane means after following the normal
procedures for impounded animals. Only when acceptable containment has been
provided, and approved by the animal control department, will the animal be released
to the owner. The determinations by the animal control department shall be subject to
appeal, and any appeal to a decision under this section shall be handled consistent
with the hearing procedures as set forth in Section 10.20.090 of this title. (Ord. 482 § 3,
2010; Ord. 415 § 1, 2005)
10.28.015 Livestock/poultry at large.
No owner or keeper of livestock or poultry shall allow, permit or suffer the animal or
bird, whether licensed or unlicensed, to be or run at large in or upon any public place
or premises, in or upon any unenclosed private place or premises, or in or upon any
enclosed private place or premises other than those of the owner or keeper except
with consent of the person in charge of the private place or premises. No lead, leash,
tether, or chain used to secure any animal or poultry shall extend into the right-of-
way. (Ord. 415 § 1, 2005)
10.28.020 Noise disturbances by animals.
A. No person owning, keeping or having in his or her care or custody any animal shall
knowingly permit the animal, by any barking or other noise or sound, to disturb any
other persons peace and quiet. This section shall not be construed to prohibit the
keeping of any watchdog, provided the keeper thereof takes immediate steps to quiet
the dog whenever it barks, and provided the keeper never leaves the dog unattended
on the premises in a place where the dog is barking, if prolonged or if repeated an
undue number of times, disturbs any other persons peace and quiet.
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B. No person, after being informed orally or in writing that his or her animal has by
noise or sound disturbed any other persons peace and quiet, shall fail, refuseor
neglect to take whatever steps or use whatever means is necessary to ensure that the
dog or animal does not again disturb the other persons peace and quiet. (Ord. 415 § 1,
2005)
10.28.025 Animal defecation to be removed by the owner.
A. Any person owning, keeping or having in his or her care or custody any animal shall
not fail, refuse or neglect to clean up any feces of the animal immediately and dispose
of it in a sanitary manner wherever the animal has defecated upon public or private
property without the consent of the public or private owner or person in lawful
possession or charge of the property.
B. The provisions of subsection A of this section shall not apply to a blind person
being accompanied by a guide dog, nor shall they be construed to allow any act of
trespass upon private property. Whenever the feces to be cleaned up cannot be
reached without significant trespass upon the private property on which the feces is
located, the person having the duty pursuant to subsection A of this section to take
action shall first obtain consent to do so from the owner or person having lawful
possession or charge of the property. (Ord. 415 § 1, 2005)
10.28.030 Retention of animal by one other than owner.
No person shall, without the knowledge or consent of the owner, hold or retain
possession of any dog or other animal of which he or she is not the owner for more
than twenty-four hours without first reporting the possession of which to the animal
control officer, giving his or her name and address and the true description of the dog
or other animal, and then causing the dog or other animal to be impounded at the city
shelter or city-contracted shelter for return to the owner. Any person so holding an
animal shall surrender such animal upon demand of the animal control officer. At the
discretion of the animal control officer, any such finder of a dog or other animal may
be allowed to retain possession of the dog or other animal in lieu of impoundment. In
such a case, the animal control officer shall make all normal and regular efforts to
ascertain the true owner of the dog or other animal and advise him or her of the
whereabouts of the dog or other animal. (Ord. 415 § 1, 2005)
10.28.040 Unauthorized removal of animal from shelter.
No person shall remove any impoundedanimal from the city shelter or city-
contracted shelter without the consent of the animal control officer. No person shall
remove any animal from the custody of the animal control officer, including any
animal control department vehicle or any vehicle in use by the animal control
department or from any humane live trap in use by the animal control department or
its authorized agents. (Ord. 415 § 1, 2005)
10.28.050 Dogs at public schools prohibited.
No person shall bring any dog, except a seeing eye dog for the blind, a signal dog for
the deaf, or a service dog for the handicapped, onto any public school property while
270
school is in session. This section shall not, however, be deemed to prohibit the use of
dogs on school property for teaching or other school uses when approved by the
proper school authorities. (Ord. 415 § 1, 2005)
10.28.060 Interference with police dogs.
No person shall willfully or maliciously torture, torment, beat, kick, strike, mutilate,
injure, disable or kill any dog being used by any law enforcement officer in the
performance of his or her duties, or interfere with or meddle with any such dog while
being used by such officer in the performance of any of his or her functions or duties.
(Ord. 415 § 1, 2005)
10.28.070 Public nuisance.
A. The introduction, ownership, possession or maintenance of any animal, or the
allowing of any animal to be in contravention to this title is, in addition to being a
violation of the applicable section, declared to be a public nuisance. The city manager
or designee, the animal control officer, the county health officer, and peace officers
are authorized, directed and empowered to summarily abate any such public nuisance
independently of any criminal prosecution or the results thereof by any means
reasonably necessary including, but not limited to, the destruction of the animal or
animals involved when appropriate or by the imposition of specific reasonable
conditions and restrictions for the maintenance of the animal.
B.Any person who fails to comply with any conditions and restrictions imposed
pursuant to this section shall be guilty of a misdemeanor. The owner shall reimburse
the city for all costs incurred in verifying compliance and enforcing the provisions of
this section. The city may also commence proceeding in accordance with the
provisions of Chapter 11.72 of this code relative to abatement procedures for public
nuisances.
C.Any person violating the provisions of this chapter shall reimburse the city for any
and all costs incurred by the city in responding to, investigating, assessing, monitoring,
treating, cleaning, removing, or remediating any action taken or condition caused in
violation of this chapter. Such costs to be paid to the city shall include all
administrative expenses and all legal expenses, including costs and attorneys fees in
obtaining compliance and in litigation, including all costs and attorneys fees on any
appeal. The costs to be recovered pursuant this section shall be recoverable from any
and all persons violating this chapter. (Ord. 415 § 1, 2005)
10.28.080 Confining animals in motor vehicles.
A. No person having ownership, charge, or custody of an animal, as owner or
otherwise, shall place or confine an animal or allow such animal to be placed or
confined or to remain in an enclosed vehicle or for such period of time as may
endanger the health or well-being of such animal due to heat, cold, lack of food or
such other circumstances as may reasonably be expected to cause suffering, disability
or death. Insuch circumstances, an animal control officer may act in the best interest
of the animal, including taking action to remove the animal in cases of immediate
threat. This section shall not be applicable to animals which are in an animal control
271
officers or a peace officers vehicles while such animal control officer or peace officer
is engaged in their duties.
B. When an animal has been removed from a vehicle pursuant to this section, the
animal control officer shall cause to be posted in a conspicuous place on said vehicle a
notice which shall state that the animal has been removed from the vehicle pursuant
to La Quinta Municipal Code Section 10.28.080, where the animal has been
impounded, the procedure whereby the owner of said animal may regain custody of
the animal, and notice that the owner may be liable for impound fees and costs. (Ord.
415 § 1, 2005)
10.28.090 Causing another persons animal to be disposed of.
A. Every person contacting the citys animal control department or taking an animal
to the animal control department for impoundment or disposal shall, if the animal is
not owned by him or her, inform the animal control department who the lawful owner
is, if known, and where and when the animal was found. If the lawful owner cannot be
determined, the animal control officer shall keep the animal as prescribed in Section
10.20.030 of this title.
B. It shall be unlawful for any person to take, deliver, or have delivered an animal to
the animal control officer or the city shelter or city-contracted shelter for
impoundment or disposal without disclosing to the animal control officer or the city
shelter or city-contracted shelterthe name of the lawful owner of such animal, if
known.
C. It shall be unlawful for any property owner, or responsible person(s), including any
natural person, the parent or the legal guardian of any natural person under the age
of eighteen years, any corporation, association, organization, estate, group,
combination acting as a group, or any officer, agent, employee, or servant of any of
the foregoing, to fail to board any animal left behind by a tenant. Any property owner
or responsible person that fails to make arrangements for the humane sheltering and
care of said animal for the length of time required by law and/or fails to make
arrangements with the sheltering agency is in violation of this section.
D. Enforcement of this section shall be performed by citation. Each day such violation
is committed or permitted to continue shall constitute a separate offense. When an
animal is found at large and is known to be from a vacant property, it shall be deemed
in violation of this section if the property owner or responsible person fails to take
control of the animal immediately. Not withstanding any other provisions of this code,
the fine for violation of this section after receiving a warning from the animal control
officer shall be one hundred dollars for a first offense, two hundred dollars for a
second offense, and four hundred dollars for third and all subsequent offenses. In
order for the fines to escalate for multiple offenses as described herein, the offenses
must occur within a twelve-month period. (Ord. 415 § 1, 2005)
10.28.100 Feeding of wild animal prohibited.
No person shall feed or in any manner intentionally provide food as sustenance or to
encourage domesticity in a nondomesticated or wild animal with the exception of a
272
bird feeder in the yard. A person may feed or provide food to a wild animal under the
following circumstances:
A. When the wild animal is maintained, treated or fed pursuant to a valid certificate
or permit issued by the state of California or an agency of the United States
Government;
B. When the wild animal is maintained, treated or fed between the time the animal
control officer or Humane Society is notified and the wildlife is picked up by an
appropriate agency. (Ord. 415 § 1, 2005)
10.28.110 Wildlife protected.
Other than in self-defense, no person shall kill, capture or molest any species of wild
animal or damage the nest or eggs of any wild animal within the city, except any
poisonous reptile or insect; provided, however, that if it is determined by the city
manager, or authorized representative, that wild animal has become a menace to any
persons health, safety or property, the city manager shallissue a permit authorizing
any person to kill or capture the wild animal. In no event shall any person use or
employ poison or diseased material to kill or capture wild animal. This section shall
not pertain to rats and vermin animals unless such animals are otherwise protected
under the law. (Ord. 415 § 1, 2005)
10.28.120 Importing or transporting diseased animals.
A. It is unlawful for any person to bring or receive in, or to transport from place to
place within the city any animals affected with any contagious, infectious, or
communicable disease without written permission from the animal control
department, except such diseased animals as are specifically permitted to enter the
state of California and the county of Riverside under federal or California state
regulations, and only under the conditions and for the purpose prescribed in the
federal and state regulations governing the movement of such animals. This section
shall not apply to actions taken except for the purpose of immediate destruction by
humane means, or for immediate medical treatment. All animals brought into the city
in violation of this section shall be subject to possible quarantine, examination and
test, all at the expense of the owner, by the animal control officer or his or her
appointed agents, who may dispose of such animals consistent with the provisions of
this title to safeguard the health, safety, and welfare of the residents of the city and
the protection of the health of the animals therein.
B. It is unlawful for any person to bring into or receive in, or to transport from place to
place within, the city, any animal of a species known to be capable of carrying the
rabies virus from any other jurisdiction, city, county, state or country in which a
reported case of rabies exists or has existed within the preceding six months.(Ord.
415 § 1, 2005)
273
274
BUSINESS ITEM N0, 2
t :1. a Cukr,ita
1....111., CMYCSC.FIL. III; III; ...IIL.,IICS u� SEPTEMBER 15, 2015
...IIL., III III III III; III:: III III
Glll:'l lll: 11 :IC 11111..111::: INTRODUCE ORDINANCE AMENDING, ADDING AND DELETING VARIOUS
CHAPTERS OF MUNICIPAL CODE TITLE 3 RELATING TO REVENUE AND FINANCE
III'::: QM NDN III::I 111:' ""'11" ":IC: Q
A) Move to take up Ordinance No. 529 by title and number only and waive further
reading.
B) Move to introduce at first reading, Ordinance No. 529 amending, adding and deleting
various chapters of Municipal Code Title 3 relating to revenue and finance.
: i..J1 11 :IC VIII:: 1.") 1 J NDN NDN AIIIY.
• The first comprehensive review of the Municipal Code ("Code") is underway. Title 3
provisions address revenue and finance matters, many of which have not been
reviewed since the City's incorporation in 1982.
• Updates to Title 3 are necessary to align the Code with current State laws, apply
best practices, consolidate provisions, remove unnecessary detail, provide for
flexibility, and update terms.
• Research and review of all Title 3 chapters has been extensive; it entailed
reviewing State law and other cities' codes, and internal review by the City Clerk,
two previous Finance Directors, as well as the current Finance Director, the City
Attorney, the City Manager, and other specialized Rutan & Tucker attorneys.
• As with past Code updates, the recommended Code amendments remove fees and
procedures where possible. The fees and procedures are then established via
resolution.
• If the Council adopts the Title 3 Code amendments, they will then consider four
companion resolutions setting policies and procedures related to purchasing and
contracting, claims, grants, and the disposition of surplus goods.
NDN III= : IC - None
.........................................................................................
Ten of the 19 chapters of Title 3 are addressed in this report. The following summarizes
the substantial changes to each chapter:
CHAPTER 3.08 INVESTMENT OF MONEYS AND FUNDS
`IR
Subsequent to adopting this chapter in 1982, the City Council developed its first
Investment Policy (1992). This chapter authorizes the Treasurer toonly invest in
instruments permitted by State law. Sections 3.08.020 and 060 have been amended to
add that the Treasurer must also adhere to the Council-adopted City Investment Policy.
Section 3.08.050 regarding investment reports was amended to reflect current State law;
the Treasurer must render, at a minimum, quarterly investment reports.Decreasing the
mandated frequency from monthly to quarterly allows Council flexibility regarding how
often the Treasurer shall submit the report, i.e. monthly, bi-monthly, or quarterly.
The trust fund referred to in Section 3.08.070 is for police department collections; it
applies to cities with municipal police departments. The section is being deleted because
City does not have a municipal police department.
CHAPTER 3.12 PURCHASES,CONTRACTS AND SURPLUS
This chapter now combines PURCHASES AND SURPLUS (chapter 3.12), PUBLIC WORKS
CONTRACTS (chapter 3.30), and SERVICE CONTRACTS (chapter 3.32).Brief, general
provisions addressing each topic is included followed by a reference to the detailed
policies and procedures set forth in City Council resolutions. Outdated procedures have
been deleted and two contract chapters (3.30 and 3.32) are deleted entirely; the
provisions in these deleted chapters are found in a new consolidated chapter 3.12.
Resolutions that outline the detailed procedures are scheduled for Council consideration
on September 15, 2015.
CHAPTER 3.14 AUTHORIZATION OF SIGNATURES FOR CITY WARRANTS
This chapter has been updated to reflect the longstanding practice of affixing the
required two officeronto City checks electronically.The code currently
requires at least one signature to be handwritten.
CHAPTER 3.15 DEMANDS FOR PAYMENT
Chapter 3.16 DEMANDS AND CLAIMS is now two chapters: 3.15 DEMANDS FOR PAYMENT
and 3.16 CLAIMS FOR MONEY OR DAMAGES. This eliminates confusion and separates very
different procedures.
All sections of chapter 3.16 dealing with demands for payment (e.g. invoices) were moved
into 3.15 and edited to clarify section titles, combine two sections regarding the approval
of demands (3.16.070 and .080), and delete unnecessary sections regarding forms and
recordkeeping (3.16.030 and .090).
CHAPTER 3.16 CLAIMS FOR MONEY OR DAMAGES
The section regarding claims against the City remains. Section 3.16.020 was added to
apply State law that allows city councils to authorize an employee to process certain
claims. Staff is recommending that the Council designate the City Manager to process
claims up to the $50,000 limit (per State law). This authorization would be established via
resolution, which is scheduled for Council consideration on September 15, 2015.
276
CHAPTER 3.18 SPECIAL GAS TAX STREET IMPROVEMENT FUND
Section 3.18.040 regarding fund interest has been added to ensure compliance with State
law requirements.
CHAPTER 3.19 SPECIAL TAX FOR FIRE PROTECTION AND PREVENTION
The 1990 ordinance establishing this chapter should not have been codified until a
measure was passed by two-thirds of voters. The measure to levy a parcel tax for fire
protection and paramedic services was on the June 1990, March 2002 and November
2002 ballots but failed each time. The chapter has no legal basis and has been deleted.
CHAPTER 3.28 BUSINESS LICENSES
This chapter was extensively revamped for clarity and ease of use; however, no business
license amounts have been changed that would require voter approval. Changes include
clarified and updated definitions, removing duplicate subsections, delineating more pre-
license requirements (i.e. State alcohol or State ), removing inconsistent
appeal sections, consolidating exemptions sections, providing better descriptions of
required supporting documentation, providing references to the uniform notice section in
Title 1 of the Code, reorganizing the fee sections, and adding business type examples.
In section 3.28.330, the need for Council consent to compromise any claims was deleted
to be consistent with
expenditure limit at $50,000.Business licenses and penalties will always be less than the
$50,000 City Manager authority limit.
The subsection (3.28.360 C.) requiring licensees to display a City-issued decal on their
vehicle when using a vehicle for their business was deleted. It was difficult for staff to
consistently enforce this checked more
Deleting this provision does not reduce revenue, nor does it reduce City powers to check
for business licenses;another subsection requires persons working out of vehicles to carry
their business license at all times.
Annual business license amounts for taxicab operators and taxicab vehicles were
previously in 3.28.410 but that section was deleted and a new section, addressing
taxicabs and passenger carriers, had been added. This was necessary to acknowledge
the Implementation Agreement the City has with Sunline Transit Agency to regulate taxis
and to be consistent with the newly revised Code chapter 5.40 on passenger carriers.
ALTERNATIVES
Council may direct staff to make additional/different amendments to these chapters of
the code and/or amend only certain sections of these chapters.
Report prepared by: Susan Maysels, City Clerk
Rita Conrad, Finance Director
Report approved by: Frank J. Spevacek, City Manager
Attachment: 1. Title 3 tracked changes
277
278
ORDINANCE NO. 529
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, AMENDING SIX CHAPTERS OF
MUNICIPAL CODE TITLE 3, ADDING CHAPTER 3.15 AND
DELETING CHAPTERS 3.19, 3.30, AND 3.32
WHEREAS, Title 3 of the Municipal Code contains the chapters that address revenue
and finance matters, and;
WHEREAS, a comprehensive review of Title 3 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 3 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 3.08 INVESTMENT OF MONEYS AND FUNDS shall be amended as
written in Exhibit A attached hereto.
SECTION 2. CHAPTER 3.12 PURCHASES shall be retitled PURCHASE AND CONTRACTS and
amended as written in Exhibit A attached hereto.
SECTION 3.CHAPTER 3.14 AUTHORIZATION OF SIGNATURES FOR CITY WARRANTS shall
be amended as written in Exhibit A attached hereto.
SECTION 4.CHAPTER 3.15 DEMANDS FOR PAYMENT shall be added as written in Exhibit A
attached hereto.
SECTION 5.CHAPTER 3.16 DEMANDS AND CLAIMS shall be retitled CLAIMS FOR MONEY OR
DAMAGES and amended as written in Exhibit A attached hereto.
SECTION 6.CHAPTER 3.18 SPECIAL GAS TAX STREET IMPROVEMENT FUND shall be
amended as written in Exhibit A attached hereto.
SECTION 7. CHAPTER 3.19 SPECIAL TAX FOR FIRE PROTECTION AND PREVENTION shall be
deleted in its entirety.
SECTION 8.CHAPTER 3.28 BUSINESS LICENSES shall be amended as written in Exhibit A
attached hereto.
SECTION 9. CHAPTER 3.30 PUBLIC WORKS CONTRACTS shall be deleted in its entirety.
SECTION 10.CHAPTER 3.32 SERVICE CONTRACTS shall be deleted in its entirety.
279
SECTION 11.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 12. EFFECTIVE DATE.This Ordinance shall be in full force and effect thirty days
after its adoption.
SECTION 13.POSTING.The City Clerk shall, within 15 days after passage of this Ordinance,
cause it to be posted in at least three public places designated by resolution of the City
Council, shall certify to the adoption and posting of this Ordinance, and shall cause this
Ordinance and its certification, together with proof of posting to be entered into the Book of
Ordinances of the City of La Quinta.
PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council
held this ___day of October 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
____________________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
______________________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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EXHIBIT A
Chapter 3.08
INVESTMENT OF MONEYS AND FUNDS
3.08.010 Investment of city moneys and deposit of securities.
Pursuant to, and in accordance with, and to the extent allowed by, Sections 53607 and
53608 of the Government Code, the authority to invest and reinvest moneys of the city, to
sell or exchange securities, and to deposit them and provide for their safekeeping, is
delegated to the city treasurer.
3.08.020 Authorized investments.
Pursuant to the delegation of authority in Section 3.08.010, the city treasurer is authorized
to purchase, at their original sale or after they have been issued, securities which are
permissible investments under any provision of state law relating to the investing of
general city funds, including but not limited to Sections 53601 and 53635 of the
Government Code, and the city council adopted city investment policy as said sections now
read or may hereafter be amended, from moneys in custody which are
not required for the immediate necessities of the city and as s/he may deem wise and
expedient, and to sell or exchange for other eligible securities and reinvest the proceeds of
the securities so purchased.
3.08.030 Sales of securities.
From time to time the city treasurer shall sell the securities in which city moneys have been
invested pursuant to this chapter, so that the proceeds may, as appropriate, be applied to
the purchase for which the original purchase money may have been designated or placed in
the city treasury.
3.08.040 City bonds.
Bonds issued by the city and purchased pursuant to this chapter may be cancelled either in
satisfaction of sinking fund obligations or otherwise if proper and appropriate; provided,
however, that the bonds may be held uncancelled and while so held may be resold.
3.08.050 Reports.
The city treasurer shall make as required by Section 53646(b)(1) of the Government Code a
quarterly report to the city council of all investments made pursuant to the authority
delegated in this chapter.
3.08.060 Deposits of securities.
Pursuant to the delegation of authority in Section 3.08.010, the city treasurer is authorized
to deposit for safekeeping, the securities in which city moneys have been invested pursuant
to this chapter, in any institution or depository authorized by the terms of any state law,
including but not limited to Section 53608 of the Government Code, and the city council
adopted investment policy as it now reads or may hereafter be amended. In accordance
with said section, the city treasurer shall take from the institution or depository a receipt for
the securities so deposited and shall not be responsible for the securities delivered to and
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receipted for by the institution or depository until they are withdrawn therefrom by the city
treasurer.
3.08.070 Trust fund administration DELETED
Chapter 3.12
PURCHASES, CONTRACTS AND SURPLUS
3.12.010 Purchasing system.
In order to establish efficient procedures for the purchase of supplies, equipment and
services at the lowest possible cost commensurate with the quality needed, to exercise
positive financial control over purchases, to clearly define authority for the purchasing
function and to assure the quality of purchases, the purchasing system is established by the
ordinance enacting this chapter and shall be set forth in the purchasing and contracting
policies and procedures resolution adopted by the city council as amended from time to
time.
3.12.020 Service contracts
A. Solicitation and selection of firms to provide professional services that primarily rely
on the knowledge, experience and professional judgment of the provider, such as legal or
financial advisors and CPAs, architectural, engineering, environmental, land surveying,
construction project management, and the like shall be on the basis of demonstrated
competence and on the professional qualifications necessary for the satisfactory
performance of the services required and on fair and reasonable prices.
B. Solicitation and selection of firms to provide professional services that are of a
technical nature such as real estate appraisals, plan check, housing or other program
management, software or video services, marketing and advertising services, art, personnel
development, and the like shall be on the basis of the most advantageous proposal after
consideration of qualifications, demonstrated competence, cost, delivery time, and other
factors.
C. The specific procedures, rules and regulations governing the solicitation and
selection of firms to provide services are those set forth in the purchasing and contracting
policies and procedures resolution adopted by the city council as amended from time to
time.
3.12.030 Public works contracts
A. Contracts for public works projects, as defined in Section 20161 of the California
Public Contract Code, shall be awarded to the lowest responsive and responsible bidder.
B. The specific procedures and rules governing the solicitation of bids and award of
contracts for public works projects are those set forth in the purchasing and contracting
policies and procedures resolution adopted by the city council as amended from time to
time.
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C. Except when federal or state law governs a public works project that must conform
to federal or state requirements, as applicable, for the solicitation and awarding of public
works contracts, the requirements set forth in the purchasing and contracting policies and
procedures resolution adopted by the city council shall govern contracts for public works.
3.12.040 Prevailing wage requirement.
A.
1720 through 1743, as may be amended and including the exceptions set forth therein.
B. For public works contracts for construction work over twenty-five thousand dollars
and for alterations, demolition, repair or maintenance work over fifteen thousand dollars,
entered into, or extended on or after January 1, 2015, the city shall require compliance with
California Labor Code Sections 1770 through 1782 as may be amended from time to time.
3.12.050 Contract incentives.
Contracts for public works projects, supplies and equipment and services may include
monetary or other incentives for superior performance or early completion/delivery of the
work, goods or service.
3.12.060 Surplus supplies and equipment; trade-ins; sales and donations
A. All using departments shall submit to the city manager or his/her designee, at such
times and in such forms as s/he shall prescribe, reports showing all supplies and equipment
which are no longer used or which have become obsolete and worn out, in accordance with
the surplus policies and procedures resolution adopted by the city council as amended from
time to time.
B. The city council or the city manager, or his/her designee, shall have the authority to
transfer, dispose, donate, and otherwise address surplus supplies and equipment in
accordance with the surplus policies and procedures resolution adopted by the city council
as amended from time to time.
Chapter 3.14
AUTHORIZATION OF SIGNATURES FOR CITY WARRANTS
3.14.010 Authorization of signatures for city warrants.
All city warrants require the signatures of two city officers. The following four city officers
are authorized to sign city warrants: mayor, mayor pro tem, city manager and finance
director. The finance director is authorized to use facsimile, digital or electronic signatures
in the preparation of city warrants.
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Chapter 3.15
DEMANDS FOR PAYMENT
3.15.010 Purpose.
It is the purpose of this chapter to describe procedures for the processing and payment of
demands, bills, and other claims against the city arising out of purchase orders and
contracts, including bills for labor, materials and supplies furnished; but not including
payroll or claims for money or damages covered by chapter 3.16.
3.15.020 Auditing prerequisite to payment.
No payment shall be made from the city treasury or out of the funds of the city unless the
demand which is to be paid is duly audited as prescribed in sections 3.15.040 and 3.15.050
of this chapter or by other provisions of law.
3.15.030 Reserved.
3.15.040 Audit and approval by receiving department.
Except for tort claims, every demand received against the city shall first be presented to
and approved in writing by the receiving department or office, which shall certify to the
actual delivery or rendition of the supplies, materials, property or service for which payment
is demanded; that the quality and prices correspond with the original specifications and
contracts, if any, upon which the demand is based; that the demand in all other respects is
proper and valid, and which shall further indicate the budgetary account to which the
demand is to be charged.
3.15.050 Audit and approval by director of finance.
Each demand approved by the receiving department or office shall be presented to the
director of finance who shall satisfy him/herself whether:
A. The demand is legally due and owing by the city;
B. There are budgeted or otherwise appropriated funds available to pay the demand;
C. The demand conforms to a valid requisition or order;
D. The prices and computations shown on the demand are verified;
E. The demand contains the approval of other departments and officials as required.
3.15.060 Prepayment of demands.
A. As provided by Section 37208 of the California Government Code, (1) payroll warrants
or checks need not be audited by the city council prior to payment. Payrolls shall be
presented to the city council for ratification and approval at the first meeting after delivery
of the payroll warrants or checks, (2) warrants or checks drawn in payment of demands
certified or approved by the director of finance as conforming to a budget approved by
resolution of the city council need not be audited by the city council prior to payment, and
(3) notwithstanding items (1) and (2), budgeted payrolls and demands paid by warrants or
checks may be presented to the city council for ratification and approval in the form of an
audited comprehensive annual financial report.
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B. Whenever the director of finance determines that a refund is due of fees, taxes or
other receipts collected in error or in advance of being earned, or of money the refund of
which is otherwise due pursuant to specific provisions of this code or of any other ordinance
of this city, then any such refund shall be deemed as conforming to the currently approved
budget, and may be prepaid in the same fashion as other demands encompassed within
the terms of subsection A of this section.
3.15.070 Approval of the register of demands.
Following audit of demands, the director of finance shall prepare a register of audited
demands showing the claimant's name, amount of demand, the warrant number and date
thereof, and transmit the register to the city manager for his/her review and approval. The
register of demands shall be presented to the city council to receive, review and file at the
next regular meeting thereof.
Chapter 3.16
CLAIMS FOR MONEY OR DAMAGES
3.16.010 Claims for money or damages.
As a prerequisite to bringing suit thereon against the city or any officer, department,
commission or board of the city, any claim for money or damages (including claims which
would otherwise be excepted by Section 905 of the Government Code) which is not
governed by any other statutes or regulations expressly relating thereto, shall be presented
and acted upon in accordance with Title 1, Division 3.6, Part 3, Chapter 1 (commencing with
Section 900) and Chapter 2 (commencing with Section 910), of the Government Code as
those provisions now exist or shall hereafter be amended.
This section shall relate only to the bringing of suit upon any claim, and shall not be
deemed to apply to the authority of the director of finance, the city council, and other
officers to process and pay, in the ordinary course of business, the just obligations of the
city, such as routine salaries and wages, principal and interest on bonds, payments for
purchases and services, and other like expenditures for which there is an express budget
appropriation, and in connection with which there is no dispute as to the obligation and
amount being payable.
3.16.020 Authorization to act on claims.
In accordance with Section 935.4 of the California Government Code, the city council may
authorize an employee of the city to perform the claim procedures and functions of the city
subject to the limitation
compromise, or settle a claim against the city shall not exceed $50,000 as that amount
may be amended from time to time by Section 935.4 of the California Government Code or
successor statute, and also subject to the policies and procedures adopted by resolution of
the city council as may be amended from time to time.
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Chapter 3.18
SPECIAL GAS TAX STREET IMPROVEMENT FUND
3.18.010 Created.
To avail the city of the benefits of Sections 2106 and 2107 of the California Streets and
Highways Code, there is created by ordinance a special fund in the city treasury to be
known as the .
3.18.020 Moneys included.
All moneys received by the city from the state under the provisions of the California Streets
and Highways Code for the acquisition of real property or interests therein, or for
engineering, or for the construction, maintenance and improvement of streets or highways
by the city shall be paid into the fund.
3.18.030 Expenditures.
All moneys in the fund shall be expended exclusively for the purposes authorized by and
subject to the provisions of the California Streets and Highways Code.
3.18.040 Fund Interest
To comply with the provisions of Section 2113 of the California Streets and Highways Code,
interest received by the city from the investment of money in the special gas tax street
improvement fund shall be deposited in the fund and shall be used for street purposes.
DELETE Chapter 3.19
SPECIAL TAX FOR FIRE PROTECTION AND PREVENTION
Chapter 3.28
BUSINESS LICENSES
3.28.010 Definitions.
For the purposes of this chapter, unless it is plainly evident from the context that a different
meaning is intended, certain terms used in this chapter are defined as follows:
A.tivities, and all and every
kind of calling whether or not carried on for profit.
B.
of California, in its present incorporated form or in any later reorganized, consolidated,
enlarged or reincorporated form.
C.
administration of this chapter by the city manager.
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D.l sales and total amount
charged or received for the performance of any act or service of whatever nature it may
be, for which a charge is made or credit allowed, whether or not such act or service is
done as a part or in connection with the sale of materials, goods, wares, or merchandise.
or without a fixed place of business in the city but from the delivery of any product or
service to a location within the city.
the gross receipts of the calendar year preceding the beginning of the annual license
period. Included in gross receipts shall be all receipts, cash, credits, and property of any
kind or nature, without any deduction therefrom on account of the cost of the property
sold, the cost of the materials used, labor or service, costs, interest paid or payable, or
losses or other expenses whatsoever. Excluded from gross receipts shall be the
following:
1. Cash discounts allowed and taken on sales;
2. Credit allowed on property accepted as part of the purchase price and which
property may later be sold;
3. Any tax required by law to be included in or added to the purchase price and
collected from the consumer or purchaser;
4. Such part of the sale price returned by purchasers upon rescission of the contract of
sale as is refunded either in cash or by credit;
5. Amounts collected for others where the business is acting as an agent or trustee, to
the extent that such amounts are paid to those for whom collected and provided the
agent or trustee has furnished the collector with the names and addresses of the
others and the amounts paid to them;
6. That portion of gross receipts which has been the measure of a business license paid
to any other city for sales transacted outside the city.
E.
from place to place or in or along the streets within the city selling and making
immediate delivery or offering for sale and immediate delivery any goods, wares,
merchandise or anything of value in his possession to persons other than
manufacturers, wholesalers, jobbers or retailers in such commodities.
F. rporations, associations, syndicates, joint
stock corporations, partnerships of every kind, clubs, Massachusetts, business, or
common-law trusts, societies and individuals transacting and carrying on any business
in the city other than as an employee.
G.
H.
house to house or from place to place or by telephone, internet or by any other means
of communication for any goods, wares, merchandise, or any article to be delivered in
the future or for services to be performed in the future or making, manufacturing, or
repairing any article whatsoever for future delivery or for subscriptions to periodicals or
tickets of admission to entertainments or memberships in any clubs.
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I.
oaths or a declaration or certification made under penalty of perjury.
3.28.020 Enforcement.
A. The collector shall have the responsibility and power to enforce the provisions of this
chapter, and the police chief shall render such assistance in the enforcement thereof as
may from time to time be required.
B. The collector who may act through deputies or duly authorized assistants, may
examine, or cause to be examined, all places of business in the city to ascertain whether
the provisions of this chapter have been complied with.
C. The collector who may act through deputies or duly authorized assistants, shall have the
power and authority to enter, free of charge, at any reasonable time, any place of
business required by the provisions of this chapter to be licensed and require an
exhibition of the license certificate. Any person having such license certificate
theretofore issued in his possession or under his control who willfully fails to exhibit
such certificate on demand shall be guilty of an infraction and subject to the penalties
provided for by Section 1.01.230 of this code.
3.28.030 Business license required.
Subject to the provisions of this chapter, all businesses engaged in or carried on in the city
shall pay for an annual business license in the amounts as provided in this chapter except
where specific provisions are made for daily, monthly, quarterly or semi-annual payments
pursuant to Sections 3.28.320 and 3.28.330 of this chapter. It is unlawful for any person to
commence, transact, engage in, or carry on any business in the city without first having
obtained and paid for a valid business license therefor, or without complying with any and
all applicable provisions of this chapter. Compliance with such requirements shall not be
construed to be a condition precedent to engaging in any business or corporation within
the city where the imposition of such a condition precedent would be contrary to law.
When any person shall by use of signs, circulars, cards, telephone book, electronic media or
newspapers, advertise, hold out, or represent that s/he is in business in the city, or when
any person holds an active license or permit issued by a governmental agency indicating
that s/he is in business in the city, and such person fails to deny by a sworn statement given
to the collector that s/he is not conducting a business in the city after being requested to do
so by the collector, then these facts shall be considered prima facie evidence that s/he is
conducting a business in the city.
3.28.040 License subject to other regulations and fees.
Persons required to obtain and pay for a business license for transacting and carrying on
any business under this chapter shall not be relieved from the payment of any fees for the
privilege of carrying on any similar or related activity required under any other ordinance of
the city and shall remain subject to the regulatory provisions of other ordinances. No
person shall be entitled to a business license and the collector shall not issue a business
license to any person commencing business unless and until said person shall have
complied with all applicable city ordinances. No license shall be issued covering any food or
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drink dispensing establishment, restaurant, pet hospital, pet shop, veterinarian, or kennel
services until the applicant has obtained applicable permits and licenses from the Riverside
County department of health, and if applicable, from the State Alcoholic Control Board. No
person shall be issued a business license without first obtaining a State Board of
ub-location.
No license shall be issued covering the sale of firearms until the applicant has obtained
3.28.050 False statements.
It shall be unlawful for any person knowingly to make any false statement in any
application for a license pursuant to the provisions of this chapter.
3.28.060 True names on reports.
Every person making out any report or record required by the terms of this chapter or any
copy thereof shall sign his true name and give the true name and correct address of the
licensee.
3.28.070 Illegal occupations.
A license granted pursuant to this chapter does not permit any occupation or activity of any
kind which is prohibited by this code or any other ordinance, or by any state or federal
statute, law, rule, order or regulation.
3.28.080 Grounds for denial.
A. The collector may refuse to issue a license to carry on any business, occupation or
activity, if such business, occupation, or activity has been, will be, or is apt to become
any one or more of the following:
1. Prohibited by any local ordinance or by any state or federal law, statute, rule or
regulation;
2. A public nuisance;
3. In any way detrimental to the public interest;
4. Prohibited by zoning laws and ordinances.
B. A license may also be denied on the grounds that the applicant has knowingly made a
false statement in a material matter either in his/her application or in his/her testimony
before the city manager or other body hearing such testimony.
3.28.090 Real party in interest.
The city council, city manager, collector, police department official, or other appropriate
officer or body may examine under oath any applicant to determine who is the real party in
interest in the business, occupation or exhibition for which a license is sought. If the city
council or other body or official having jurisdiction is satisfied that the application is not in
the interest of the person in whose name the application is made, it may deny the license.
If the city council or such other body or official finds that the application is in the interest of
one whose license has been revoked or who has been refused a license, it may treat the
application as though made by the real party in interest, and the application shall have the
same effect against any future applications as if it had been made in the name of the real
party in interest.
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3.28.100 Grounds for revocation.
A license may be revoked on any one or more of the following grounds:
A. Any facts exist upon which a denial of such license would be authorized;
B. The licensee, or any agent or employee of the licensee has been convicted of violating
any of the terms of this chapter, or any regulation imposed pursuant thereto, or of any
state or federal law, statute, rule, order or regulation, now or hereafter in force
regulating the occupation or other activity for which the license was issued;
C. The licensee obtained the license by fraudulent misrepresentations;
D. Conspiracy with any person to do anything described in subsections A, B, or C, of this
section;
E. The failure or refusal of the licensee to notify the collector of any material change in
facts concerning the license within thirty days after such change.
3.28.110 Forfeiture of fee.
On revocation of the license, the entire cost of the business license shall be forfeited to the
city.
3.28.120 New license after revocation.
When a license of any person is revoked for cause, no new or other license for the same or
a similar business shall be granted to the same person within six months after such
revocation.
3.28.130 Keeping insurance etc., in force.
A. Whenever this code requires the applicant for any license or permit to procure, post, or
maintain in effect any bond, undertaking, deposit, surety, or policy of insurance, any
license or permit so issued shall be in good standing only when such bond, undertaking,
deposit, surety, or policy of insurance is in full force and effect. Such license or permit
shall be automatically suspended without notice at any time such bond, undertaking,
deposit, surety, or policy of insurance is not in full force and effect.
B. If a new bond, undertaking, deposit, surety, or policy of insurance acceptable to the
collector if it is filed before the cancellation or expiration of the old one becomes
effective, the license or permit will continue in full force.
3.28.140 Compliance with laws required.
The payment for a business license as required by the provisions of this chapter, and its
acceptance by the city, and the issuance of such license to any person shall not entitle the
holder thereof to carry on any business unless he has complied with all the requirements of
this code and all other applicable laws, nor to carry on any business in any building or on
any premises designated in such license in the event such building or premises are situated
in a zone or locality in which the conduct of such business is in violation of any law.
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3.28.150 License and penalties constitute debt to city.
The charge for any business license and penalty imposed by the provisions of this chapter
shall be deemed a debt to the city. An action may be commenced in the name of the city in
any court of competent jurisdiction, for the amount of any delinquent business license
charges and penalties.
3.28.160 Remedies cumulative.
All remedies prescribed under this chapter shall be cumulative and the use of one or more
remedies by the city shall not bar the use of any other remedy for the purpose of enforcing
the provisions of this chapter.
3.28.170 Separate license for each place or type of business.
A separate license must be obtained for each branch establishment or location of the
business transacted and carried on and for each separate type of business at the same
location, and each license shall authorize the licensee to transact and carry on only the
business licensed thereby at the location or in the manner designated in such license;
provided, that warehouses and distributing plants used in connection with and incidental to
a business licensed under the provisions of this chapter shall not be deemed to be separate
places of business or branch establishments; and provided further, that any person
conducting two or more types of businesses at the same location and under the same
management, or at different locations, but which businesses use a single set or integrated
set of books and records may, at his option, pay only for one business license calculated on
all gross receipts of the businesses under the schedule that applies to the type of business
of such person which requires the highest payment on such gross receipts except that a
business license charge of three dollars ($3.00) for each additional branch, location, or type
of business shall be paid.
3.28.180 Information confidential.
The collector or any of his authorized representatives shall not make known in any manner
whatever the business affairs, operations, or information obtained by an investigation of
records and equipment of any person required to obtain or pay for a business license under
the provisions of this chapter or to divulge the amount or source of income, profits, losses,
expenditures, or any particular thereof set forth in any statement or application, or to
permit any statement or application, or copy of either, or any other document relating
thereto which contains specific information as to the amount or source of income or
expenditures of any person obtaining a license to be seen or examined by any person.
Nothing in this section shall be construed to prevent the disclosure to or examination of
records by another city agent for the sole purpose of administering or enforcing any of the
provisions of this chapter or auditing of accounts of the collector, federal or state officials,
or a grand jury or court of law upon subpoena or in a proceeding to determine the existence
of any business license liability amount of the particular licensee to the city; nor shall the
disclosure of the names and addresses of persons to whom licenses have been issued and
the general type of their business be prohibited hereunder, together with general statistics
regarding the business license costs and business receipts collected or business done in the
city.
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3.28.190 Exemptions.
A. Generally. Nothing in this chapter shall be deemed or construed to apply to any
person transacting and carrying on any business exempt by virtue of the Constitution or
applicable statutes of the United States or of the state of California. Any person claiming
an exemption pursuant to this chapter shall file a written declaration, under penalty of
perjury with the collector stating the facts upon which exemption is claimed are true and
correct and shall furnish such information and verification as may be required, such as a
501(C)3 form, DD-214 form, medical doctor verification, proof of gross receipts satisfactory
to the Collector, IRS form 4506-T, etc. In the absence of such statement substantiating the
claim, such person shall be liable for the payment for the business license imposed by this
chapter. The collector, after giving notice and a reasonable opportunity for hearing to a
licensee, may revoke any license granted pursuant to the provisions of this section upon
information that the licensee is not entitled to the exemption as provided in this chapter.
B. Charitable and nonprofit organizations. The provisions of this chapter shall not be
deemed or construed to require the payment for a business license to conduct, manage or
carry on any business, occupation, or activity from any institution or organization which is
conducted, managed or carried on wholly for the benefit of charitable purposes or from
which profit is not derived, either directly or indirectly, by any individual; nor shall any
business license be required for the conducting of any entertainment, concert, exhibition, or
lecture on scientific, historical, literary, religious or moral subjects within the city whenever
the receipts of any such entertainment, concert, exhibition or lecture are to be appropriated
to any church or school or to any religious or benevolent purpose; nor shall any business
license be required for the conducting of any entertainment, dance, concert, exhibition or
lecture by any religious, charitable, fraternal, educational, military, state, county or
municipal organization or association whenever the receipts of any such entertainment,
dance, concert, exhibition or lecture are to be appropriated for the purpose and objects for
which such organization or association was formed and from which profit is not derived,
either directly or indirectly, by any individual; provided, however, that nothing in this section
shall be deemed to exempt any such organization or association from complying with any
of the provisions of this code requiring a permit from the city council or any commission or
officer to conduct, manage, or carry on any profession, trade, calling or occupation.
C. Disabled veterans. No business license payable hereunder shall be payable by any
person who has received an honorable discharge from or release from active duty in one of
the United States armed services, who is physically unable to obtain a livelihood by manual
labor, and who is a voter of this state. In addition to form DD214, the city may require any
disabled veteran applying for an exemption to submit a certificate signed by a physician or
surgeon substantiating the disability.
D. Newspapers, magazines and periodicals. The provisions of this chapter shall not
apply to the publication or sale of newspapers, magazines or other periodicals regularly
issued at average intervals not exceeding three months.
E. Businesses subject to franchise, etc. No business license shall be required of any
public utility or other service organization which pays to the city a fee or tax under a
franchise or similar agreement.
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F. Limited income. No business license shall be required of a person doing business
and drawing social security benefits whose gross receipts do not exceed the maximum
income allowed by Title 42, U.S. Code, Sections 403(f)(3), as presently written or as
amended.
3.28.200 Fee adjustments required in cases of interstate commerce.
None of the business license charges provided for herein shall be so applied as to occasion
an undue burden upon interstate commerce or be violative of the equal protection and due
process clauses of the Constitution of the United States and the state of California. In any
case where a business license charge is believed by a licensee or applicant for a license, to
place an undue burden upon interstate commerce or be violative of such constitutional
clauses, s/he may file an appeal with the City Manager pursuant to Chapter 2.08 of this
Code.
3.28.210 ApplicationContents of license.
Every person required to have a license, or renewing a license under the provisions of this
chapter shall make application for the same to the collector on forms provided by the
collector, and upon the payment of the prescribed business license charge the collector
shall, if appropriate, issue to such person a license which shall contain (1) the name of the
person to whom the license is issued, (2) the business licensed, (3) the place where such
business is to be transacted and carried on, (4) the date of the expiration of such license, (5)
a fictitious business statement if applicable, and (6) such other information as may be
necessary for the enforcement of the provisions of this chapter.
3.28.220 Statement of gross receipts.
In all cases where the amount for the business license to be paid is measured by gross
receipts, or is exempt based on gross receipts, the applicant for license shall furnish to the
collector a sworn statement setting forth such information as is required and as may be
necessary to determine the amount for the business license to be paid by the applicant.
Upon making application for the first license to be issued hereunder, or for a newly
established business, a person shall estimate the gross receipts for the period to be covered
by the license to be issued. Such estimate, if accepted by the collector as reasonable, shall
be used in determining the amount for the business license to be paid by the applicant. The
applicant for the renewal of a license shall submit to the collector a sworn statement
year as may be required by the collector to enable him/her to ascertain the amount for the
business license to be paid by the applicant.
3.28.230 Statements not conclusive.
No statements shall be conclusive as to the matters set forth therein, nor shall the filing of
the same preclude the city from collecting by appropriate action such sum as is actually
due and payable hereunder. Such statement and each of the several items therein
contained shall be subject to audit and verification by the collector, his/her deputies, or
authorized employees of the city, who are hereby authorized to examine, audit, and inspect
such books and records of any licensee or applicant for license, as may be necessary in their
judgment to verify or ascertain the amount for the business license due. An inspection of
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books and records shall be made only when the collector has determined that there is
substantial necessity to do so in order to properly administer this chapter.
All licensees, applicants for licenses, and persons engaged in business in the city are hereby
required to permit an examination of such books and records for the purposes aforesaid.
3.28.240 Failure to file or failure to file a corrected statement.
If any person fails to file any required statement within the time prescribed, or if after
demand therefor made by the collector s/he fails to file a corrected statement, the collector
may determine the amount for the business license due from such person by means of
such information as s/he may be able to obtain. If such a determination is made, the
collector shall give a notice of the amount so assessed by serving it in accordance with
section 1.01.300 of this code.
3.28.250 Appeals
Any person aggrieved by any decision of the collector or of any other city officer made
pursuant to this chapter may request a hearing before the city manager in accordance with
chapter 2.08 of this code.
3.28.260 Additional power of collector.
In addition to all other power conferred upon him/her, the collector shall have the power,
for good cause shown, to extend the time for filing any required sworn statement for a
period not exceeding thirty days, and in such case to waive any penalty that would
otherwise have accrued; and shall have the further power to compromise any claims as to
amount for the business license due.
3.28.270 No license transferableAmended license for changed location.
No license issued pursuant to this chapter shall be transferable; provided, that where a
license is issued authorizing a person to transact and carry on a business at a particular
place, such licensee may upon application therefor and paying a processing fee of ten
dollars ($10.00) have the license amended to authorize the transacting and carrying on of
such business under said license at some other location to which the business has or is to
be moved.
3.28.280 Duplicate license.
A duplicate license may be issued by the collector to replace any license previously issued
hereunder which has been lost or destroyed upon the licensee filing a statement of such
fact and, at the time of filing such statement, paying a duplicate license processing fee of
five dollars ($5.00).
3.28.290 Posting and keeping licenses.
All licenses shall be kept and posted in the following manner:
A. Any licensee transacting and carrying on business at a fixed place of business in the city
shall keep the license posted in a conspicuous place upon the premises where such
business is carried on.
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B. Any licensee transacting and carrying on business but not operating at a fixed place of
business in the city shall keep the license upon his/her person at all times while
transacting and carrying on such business in the city.
3.28.300 Method and time of payment.
Unless otherwise specifically provided, all annual amounts due for business licenses shall
be due and payable on or before the renewal date.
3.28.310 Penalties for failure to pay fee when due.
For failure to pay for a business license when due, the collector shall add a penalty of ten
percent (10%) of such business license charge on the first day of each succeeding month
after the due date thereof; provided, however, the amount of such penalty to be added
shall in no event exceed fifty percent of the amount of the business license charge due.
3.28.320 Business license amounts Persons without fixed place of business in city.
Every person not having a fixed place of business within the city and not being otherwise
licensed or classified in this chapter, who delivers any product or service by the use of
vehicles in the city except taxicabs and passenger carriers shall pay for a business license
as follows:
A. Delivers any product or service in the city by the use of vehicles amounts based on
vehicle weight as follows:
Capacity: Rate per Vehicle:
Not exceeding one-half (½) ton $15.00
One-half (½) to two (2) tons $25.00
Over two (2) ton to three (3) tons $50.00
Over three (3) tons $75.00
B. Operates a mobile or occasional business flat rate based on type of use as follows:
1. Advertising.
a. Distributing handbills: $100.00 annually, or $50.00 monthly, or $25.00 daily.
b. Sound trucks: $200.00 annual fee per truck, or $50.00 daily fee per truck.
c. Klieg lights: $150.00 per year per light, or at licensee's option, $15.00 per day
per light.
2. Auctioneers. $250.00 per year, or at the option of the licensee, $25.00 per day.
3. Carnivals, Fairs. $200.00 for the first day and $150.00 for each additional day, for the
first ten or fewer concessions; plus $30.00 for the first day and $20.00 for each
additional day for each concession in excess of ten. For the purpose of this section,
concession shall be any amusement ride, booth, exhibit, stall, tent, trailer, or stand
which charges any fee for the ride, service or product offered.
4. Circuses. $200.00 per day.
5. Commercial Filming and Still Photography. On city streets or other city property, as
follows:
Persons Employed at Location: Rate per Day:
1-3 $100.00
4-6 $200.00
7-9 $400.00
10 and over $600.00
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Traffic-control costs or any additional costs as required by the chief of police shall be
paid entirely by the applicant.
6. Contractors and subcontractors. Every person engaged in the business of
contracting which requires a state contractors' license shall pay a business license as
follows:
a. General contractors, $100.00 annually;
b. Subcontractors, $50.00 annually;
c. Business licenses for general contractors and subcontractors may be obtained
semi-annually for half the annual rate.
7. Peddlers or Solicitors.
a. Principal, $200.00 annually;
b. Each additional solicitor or peddler, $10.00 quarterly.
8. Sales Representatives.Every person engaged in the business of solicitor of order for
sales or services by a nationally franchised business (such as AVON) wherein
solicitation only occurs by previous appointment shall pay $25.00 per year.
Every person not having a fixed place of business within the city who engages in business
within the city and is not subject to the provisions of this section, such as consultants or
others providing a professional service, shall pay for a business license at the same rate
prescribed in this chapter for persons engaged in the same type of business from and
having a fixed place of business within the city. Any person not having a fixed place of
business within the city and subject to a business license rate based on gross receipts shall
calculate gross receipts in accordance with Section 3.28.010(D) and provide statements in
accordance with Section 3.28.220.
3.28.330 Persons with fixed place of business in city.
A. Passive-type businesses flat rate based on type of use as follows:
1. Billboards. Signs not fixed on places of business: $100.00 per structure or sign per
year.
2. Living Accommodations. Every person transacting or engaged in the rental of four or
more dwelling units in any apartment house, rooming house, houses for rent, or
other living accommodations shall pay $12.00 annually per unit, provided that hotels
and motels shall be on the gross receipts basis, Class B.
3. Mobile Home, Trailer, and Recreational Vehicle Parks. $12.00 per space per year.
4. Coin-operated machines. Every person operating one or more vending machine,
coin-operated amusement device, shuffleboard, juke box, electronic game or other
similar device, shall pay for a business license based on the entire gross receipts from
all of such machines operated within the corporate limits of the city in accordance
with the schedule set forth in Section 3.28.330 subsection B, Class B.
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B. Every person who engages in business at a fixed place of business within the city shall
pay for a business license based upon gross receipts at the following rates and in the
following classifications:
Gross Receipts Range Rate Class A Rate Class B Rate Class C
0 25,000 15.00 18.00 21.00
25,001 50,000 25.00 30.00 36.00
50,001 100,000 30.00 36.00 43.00
100,001 250,000 46.00 55.00 66.00
251,000 500,000 76.00 90.00 108.00
500,001 750,000 114.00 135.00 162.00
751,000 1,000,000 150.00 180.00 216.00
1,000,001 2,000,000 400.00 500.00 600.00
2,000,001 3,000,000 500.00 625.00 750.00
3,000,001 4,000,000 600.00 750.00 900.00
4,000,001 5,000,000 700.00 875.00 1,050.00
5,000,001 10,000,000 1,000.00 1,250.00 1,500.00
10,000,001 and up 1,500.00 1,875.00 2,250.00
CLASSIFICATIONS
Class A
Automobile repair, services and gas stations
Home-based food and/or beverage businesses, for profit
Laundry, dry cleaning, and garment services
Manufacturing not listed in Classes B or C
Retail trade not listed in Classes B or C
Wholesale trade not listed in Classes B or C
Class B
Amusement and recreation services, including motion pictures
Architectural and design services
Automotive sales
Barbers and hairstylists
Beauty shops and nail salons
Childcare providers
Cleaning services
Coin-operated and vending machines
Engineering services
Hotels and motels
Landscape and horticultural services
Maintenance and handyman services
Operators, renters, and lessors of commercial and residential property
Restaurants and eating and drinking establishments
Secretarial and notarial services
Services to buildings and pools
Short-term vacation rental homeowners
Storage facilities
All other persons engaged in business not specifically listed elsewhere in this chapter
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Class C
Accounting, auditing, and bookkeeping services
Consultants and other professional service providers
Financial services
Insurance brokers and services
Legal services
Management services and public relations services
Medical and health services, including eldercare, massage and personal trainers
Real estate agents, brokers, managers, and services, including property management
Travel consultants and travel services
3.28.340 Taxicabs and passenger carriers.
A. All passenger carriers described in section 5.40.010 subsection A and subject to
chapter 5.40 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. 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, or both, then all passenger carriers described in section 5.40.010
subsection A and subject to chapter 5.40 shall remain subject to and governed by all
ordinances, resolutions, regulations, and other official actions then in place, including the
provisions for the annual business license amou
taxicab vehicles, set by Sunline Transit Agency and Sunline Services Group, except that the
city shall be the governing agency with jurisdiction over the passenger carriers.
B. In the event that passenger carriers described in section 5.40.010 subsection A are
found, by any governmental entity with competent jurisdiction, to no longer be subject to
and governed by the ordinances, resolutions, regulations, and other official actions then in
place by Sunline Transit Agency and Sunline Services Group at the time the city becomes
the governing agency pursuant to subsection A of this section, then notwithstanding any
licenses and taxicab vehicles shall be the fees originally adopted by La Quinta Ordinance
No. 31, which are:
1.
2. Taxicab vehicles, per vehicle, $25.00 annually
3.28.350 Waiver or reduction of taxes or penalties by city council.
The city council, for good and satisfactory cause shown, may order the issuance of a
business license for less than the charge herein provided or without any payment
whatsoever.
3.28.360 Rules and regulations.
The collector may make such rules and regulations not inconsistent with the provisions of
this chapter as may be necessary or desirable to supplement or clarify such provisions or
aid in their enforcement. Such rules and regulations shall be known as BUSINESS LICENSE
RULES AND REGULATIONS, shall be placed in written form and numbered consecutively, and
298
shall be approved by the city attorney before becoming effective. A copy of each such
BUSINESS LICENSE RULES AND REGULATIONS shall be filed with the city clerk.
DELETE Chapter 3.30
PUBLIC WORKS CONTRACT
DELETE Chapter 3.32
SERVICE CONTRACTS
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
th
a regular meeting on the 7 day of July, 2015, and was adopted at a regular meeting held
st
on the 21 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
299
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Chapter 3.08
INVESTMENT OF MONEYS AND FUNDS
3.08.010 Investment of city moneys and deposit of securities.
Pursuant to, and in accordance with, and to the extent allowed by, Sections 53607 and 53608 of the
Government Code, the authority to invest and reinvest moneys of the city, to sell or exchange
securities, and to deposit them and provide for their safekeeping, is delegated to the city treasurer.
(Ord. 2 § 1, 1982)
3.08.020 Authorized investments.
Pursuant to the delegation of authority in Section 3.08.010, the city treasurer is authorized
to purchase, at their original sale or after they have been issued, securities which are
permissible investments under any provision of state law relating to the investing of
general city funds, including but not limited to Sections 53601 and 53635 of the
Government Code, and the city council adopted city investment policy as said sections now
read or may hereafter be amended, from moneys in his custody which
are not required for the immediate necessities of the city and as s/he may deem wise and
expedient, and to sell or exchange for other eligible securities and reinvest the proceeds of
the securities so purchased. (Ord. 2 § 1, 1982)
3.08.030 Sales of securities.
From time to time the city treasurer shall sell the securities in which city moneys have been
invested pursuant to this chapter, so that the proceeds may, as appropriate, be applied to
the purchase for which the original purchase money may have been designated or placed in
the city treasury. (Ord. 2 § 1, 1982)
3.08.040 City bonds.
Bonds issued by the city and purchased pursuant to this chapter may be cancelled either in
satisfaction of sinking fund obligations or otherwise if proper and appropriate; provided,
however, that the bonds may be held uncancelled and while so held may be resold. (Ord. 2
§ 1, 1982)
3.08.050 Reports.
The city treasurer shall make as required by Section 53646(b)(1) of the Government Code a
quarterlymonthly report to the city council of all investments made pursuant to the
authority delegated in this chapter. (Ord. 2 § 1, 1982)
3.08.060 Deposits of securities.
Pursuant to the delegation of authority in Section 3.08.010, the city treasurer is authorized
to deposit for safekeeping, the securities in which city moneys have been invested pursuant
to this chapter, in any institution or depository authorized by the terms of any state law,
including but not limited to Section 53608 of the Government Code,and the city council
adopted investment policy as it now reads or may hereafter be amended. In accordance
with said section, the city treasurer shall take from the institution or depository a receipt for
the securities so deposited and shall not be responsible for the securities delivered to and
receipted for by the institution or depository until they are withdrawn therefrom by the city
treasurer. (Ord. 2 § 1, 1982)
301
3.08.070 Trust fund administration.
Any departmental trust fund established by the city council pursuant to Section 36523 of
the Government Code shall be administered by the city treasurer in accordance with
Sections 36523 and 36524 of the Government Code and any other applicable provisions of
law. (Ord. 2 § 1, 1982)
302
Chapter 3.12
PURCHASES, CONTRACTS AND SURPLUS
3.12.010Adoption ofPpurchasing system.
In order to establish efficient procedures for the purchase of supplies, equipment and
services at the lowest possible cost commensurate with quality needed, to exercise positive
financial control over purchases, to clearly define authority for the purchasing function and
to assure the quality of purchases, the purchasing system is established by the ordinance
enacting this chapter and shall beset forth in the purchasing and contracting policies and
procedures resolution adopted by the city council as amended from time to time.adopted
(Ord. 2 § 1, 1982)
3.12.020 Service contracts
A. Solicitation and selection of firms to provide professional services that primarily rely
on the knowledge, experience and professional judgment of the provider, such as legal or
financial advisors and CPAs, architectural, engineering, environmental, land surveying,
construction project management, and the like shall be on the basis of demonstrated
competence and on the professional qualifications necessary for the satisfactory
performance of the services required and on fair and reasonable prices.
\[3.32.010\] A. Solicitation and selection of professional services of private architectural,
landscape architectural, professional engineering, environmental, land surveying, and
construction project management firms shall be on the basis of demonstrated competence
and on the professional qualifications necessary for the satisfactory performance of the
services required and on fair and reasonable prices. Where the city manager or department
director determines that the particular services required are of a technical nature and
involve little professional judgement, solicitation and selection shall comply with subsection
B of this section.
B. Solicitation and selection of firms to provide professional services that are of a
technical nature such as real estate appraisals, plan check, housing or other program
management, software or video services, marketing and advertising services, art, personnel
development, and the like shall be on the basis of the most advantageous proposal after
consideration of qualifications, demonstrated competence, cost, delivery time, and other
factors.
\[3.32.010\] B. Solicitation and selection of firms for services other than those specified in
subsection A of this section shall be on the basis of the most advantageous proposal after
consideration of qualifications, demonstrated competence, cost, delivery time, and other
factors.
C. The specific procedures, rules and regulations governing the solicitation and
selection of firms to provide services are those set forth in the purchasing and contracting
policies and procedures resolution adopted by the city council as amended from time to
time.
\[3.32.010\] C. The city council may, by resolution, prescribe specific procedures, rules and
regulations governing the solicitation and selection of firms. (Ord. 315 § 5 (part), 1998)
303
3.12.030 3.30.010 Public works contracts
A. Contracts for public works projects, as defined in Section 20161 of the California
Public Contract Code, shall be awarded to the lowest responsive and responsible bidder.
B. The specific procedures and rules governing the solicitation of bids and award of
contracts for public works projects are those set forth in the purchasing and contracting
policies and procedures resolution adopted by the city council as amended from time to
time.
C. With the exception of local procedures and rules set forth in the purchasing and
contracting policies and procedures resolution adopted by the city council,Except when
federal or state law governs a public works projects shallthat must conform to federal or
state requirements, as applicable, for the solicitation and awarding of public works
projectscontracts, the requirements set forth in the purchasing and contracting policies and
procedures resolution adopted by the city council shall govern contracts for public works.
3.12.040 \[from 3.30.050\] Prevailing wage requirement.
A. This section applies
1720 through 1743, as may be amended and including the exceptions set forth therein.
B. For public works contracts for construction work over twenty-five thousand dollars
and for alterations, demolition, repair or maintenance work over fifteen thousand dollars,
entered into, or extended on or after January 1, 2015, the city shall require compliance with
California Labor Code Sections 1770 through 1782 as may be amended from time to time.
(ord. 521
3.12.050 3.30.040 3.32.040 Contract incentives.
Contracts for public works projects, supplies and equipment and services may include
monetary or other incentives for superior performance or early completion/delivery of the
work, goodsor service. (Ord. 315 § 4 (part), 1998)
3.12.300 060Surplus supplies and equipment;trade-ins; sales and donations.
A. All using departments shall submit to the purchasing agentcity manager or his or her
designee, at such times and in such forms as he shall prescribe, reports showing all supplies
and equipment which are no longer used or which have become obsolete and worn out, in
accordance with the surplus policies and procedures resolution adopted by the city council
as amended from time to time.
B. The city council or the city manager, or his or her designee, shall have the authority
to transfer, dispose, donate, and otherwise address surplus supplies and equipment in
accordance with the surplus policies and procedures resolution adopted by the city council
as amended from time to time.(Ord. 2 § 1, 1982)
3.12.020 Centralized purchasing division.
There is created a centralized purchasing division in which is vested authority for the purchase of
supplies and equipment. (Ord. 2 § 1, 1982)
304
3.12.030 Purchasing agent.
There is created the position of purchasing agent who shall be designated by the city manager.
The duties of the purchasing agent may be combined with those of any other office or position. The
purchasing agent shall have the authority to:
A. Purchase or contract for supplies and equipment required by any using agency in
accordance with purchasing procedures prescribed by this chapter, such administrative regulations as
the purchasing agent shall adopt for the internal management and operation of the purchasing
division and such other rules and regulations as shall be prescribed by the city council or the city
manager;
B. Negotiate and recommend execution of contracts for the purchase of supplies and
equipment;
C. Act to procure for the city the needed quality in supplies and equipment at least
expense to the city;
D. Discourage uniform bidding and endeavor to obtain as full and open competition as
possible on all purchases;
E. Prepare and recommend to the city council rules governing the purchase of supplies
and equipment for the city;
F. Prepare and recommend revisions and amendments to the purchasing rules;
G. Keep informed of current developments in the field of purchasing, prices, market
conditions and new products;
H. Prescribe and maintain such forms as are reasonably necessary for the operation of
this chapter and other rules and regulations;
I. Supervise the inspection of all supplies and equipment purchased to ensure
conformance with specifications;
J. Recommend the transfer of surplus or unused supplies and equipment between
departments as needed;
K. Maintain an approved vendors list, vendors' catalogue file and records needed for the
efficient operation of the purchasing division. (Ord. 288 § 1 (part), 1996; Ord. 2 § 1, 1982)
3.12.040 Purchasing regulations.
The purchasing agent shall be responsible for determining that the regulations and procedures in
Sections 3.12.050 through 3.12.110 are carried out. (Ord. 2 § 1, 1982)
3.12.050 Exemptions from centralized purchasing.
The city manager may authorize, in writing, any department to purchase specified supplies and
equipment independently of the purchasing division; but he shall require that such purchases shall be
made in conformity with the procedures established by this chapter and shall further require periodic
reports from the department on the purchases made under such written authorization. (Ord. 2 § 1,
1982)
3.12.060 Estimates of requirements.
All using departments shall file detailed estimates of their requirements in supplies and equipment in
such manner, at such time, and for such future periods as the purchasing agent shall prescribe. (Ord.
2 § 1, 1982)
3.12.080 Purchase orders.
305
Purchases of supplies and equipment in an amount over one thousand dollars, shall be made only by
purchase orders. Except as otherwise provided in this chapter, no purchase order shall be issued
unless the prior approval of the purchasing agent or his designated representative has been obtained.
Value of Purchase Procedure
Under $1,000.00 No purchase order or purchase requisition required.
Invoice for purchase must be approved by department
director prior to submission to finance for processing.
$1,000.00 to Purchase order required; no bidding procedure
$2,500.00 required.
$2,501.00 to Purchase order required; open market or informal
$10,000.00 bidding procedure required. Pursuant to Section
3.12.240.
$10,000.00 to Purchase order required; open market or informal
$25,000.00 bidding procedure required. Pursuant to Section
3.12.240.
$25,001.00 and up Purchase order required; formal sealed bid procedure
required. Pursuant to Sections 3.12.120 through
3.12.215.
(Ord. 297 § 2, 1997; Ord. 2 § 1, 1982)
3.12.090 Encumbrance of funds.
Except in cases of emergency, the purchasing agent shall not issue any purchase order for supplies or
equipment unless there exists an unencumbered appropriation in the fund account against which the
purchase is to be charged. (Ord. 2 § 1, 1982)
3.12.100 Inspection and testing.
The purchasing agent shall, in his discretion, inspect supplies and equipment delivered to determine
their conformance with the specifications set forth in the order. The purchasing agent shall have
authority to require chemical and physical tests of samples submitted with bids and samples of
deliveries which are necessary to determine their quality and conformance with specifications. (Ord.
2 § 1, 1982)
3.12.110 Bidding.
Purchases of supplies and equipment shall be by bid procedures pursuant to Sections 3.12.120
through 3.12.260. Bidding may be dispensed with only under conditions stated in Section 3.12.270.
(Ord. § 1 (part), 1982)
3.12.120 Formal (sealed) bid procedure.
306
Except as otherwise provided in this chapter, purchases of supplies and equipment of an estimated
value greater than twenty-five thousand dollars shall be awarded to the lowest responsible bidder
pursuant to the formal bid procedure prescribed in this chapter. (Ord. 315 § 1 (part), 1998; Ord. 288 §
1 (part), 1996; Ord. 106 § 1, 1987; Ord. 2 § 1, 1982)
3.12.130 Notice inviting formal bids.
Notice inviting formal bids shall include a general description of the article desired, shall state where
bid documents and specifications may be secured, and the time and place for opening bids. (Ord. 315
§ 1 (part), 1998; Ord. 2 § 1, 1982)
3.12.140 Published notice for formal bids.
Notices inviting formal bids shall be published at least ten days prior to the date of opening of the
bids. Notices shall be published at least once in a newspaper of general circulation in the city. (Ord.
315 § 1 (part), 1998; Ord. 2 § 1, 1982)
3.12.150 Approved vendors list.
The purchasing agent shall also solicit formal sealed bids from responsible suppliers whose names are
on the approved vendors list, or who have made written request that their names be added thereto.
(Ord. 2 § 1, 1982)
3.12.160 Bulletin board notice.
The purchasing agent shall advertise the pending formal purchases by posting a notice on the public
bulletin board at the city offices. (Ord. 2 § 1, 1982)
3.12.170 Bidder's security.
Formal bids shall be accompanied by security, either cash, cashier's check, certified check or surety
bond, in a sum equal to ten percent of the total aggregate of the bid, and shall be designated in the
notice inviting bids. Bidders shall be entitled to return of bid security; provided, however, that a
successful bidder shall forfeit his bid security upon his refusal or failure to execute the contract within
ten days after the notice of award of contract has been mailed, unless the city is solely responsible for
the delay in executing the contract. The city council may, on refusal or failure of the successful bidder
to execute the contract, award it to the next lowest responsible bidder who is willing to execute the
contract, or may reject all bids and readvertise. (Ord. 315 § 1 (part), 1998; Ord. 2 § 1, 1982)
3.12.175 Other formal bond requirements.
The city council shall have authority to require a faithful performance bond or other bonds before
entering into a contract. If bonds are required, the form and amount thereof shall be designated in
the notice inviting bids. (Ord. 315 § 1 (part), 1998; Ord. 2 § 1, 1982)
3.12.180 Formal bid opening procedure.
Sealed bids shall be submitted to the purchasing agent and shall be identified as bids on the
envelope. The purchasing officer, or designee, shall publicly open all bids at the time and place stated
in the public notices. A tabulation of all bids received shall be available for public inspection in the
purchasing office during regular business hours for a period of not less than thirty calendar days after
the bid opening. (Ord. 2 § 1, 1982)
307
3.12.190 Rejection of formal bids.
In its discretion, the city council may reject any and all bids presented and may cause readvertising
for bids pursuant to the procedure prescribed in this chapter. However, when all bids exceed the
authorized budgeted amount, the city manager may authorize rejection of all bids and authorize
rebidding based upon the original specifications or as they may be modified, in accordance with
procedures prescribed in this chapter. (Ord. 2 § 1, 1982)
3.12.200 Award of formal bid contracts.
Except as otherwise provided in this chapter, formal bid contracts shall be awarded by the city council
to the lowest responsible bidder. The determination of lowest responsible bidder shall be at the
discretion of the city council pursuant to findings and recommendations presented by the purchasing
agent at the time of the award of contract. (Ord. 2 § 1, 1982)
3.12.210 Tie formal bids.
If two or more formal bids received are for the same total amount or unit price, quality and
service being equal, and if the public interest will not permit the delay of readvertising for bids, the
city council may in its discretion accept the one it chooses or accept the lowest bid made by and after
negotiation with the tie bidders at the time of the bid opening or award of contract. (Ord. 2 § 1, 1982)
3.12.215 No formal bids.
When no formal bids or no responsive bids are received, the purchasing officer is authorized to
negotiate for written proposals, and his recommendation shall be presented to the city manager and
award, if any, shall be made in accordance with applicable provisions prescribed in this chapter. (Ord.
2 § 1, 1982)
3.12.230 Open market or informal bid procedure.
Purchases of supplies and equipment of an estimated value in the amount of twenty-five thousand
dollars or less may be made by the purchasing agent in the open market pursuant to the procedure
prescribed in Sections 3.12.240 through 3.12.260 and without observing the procedure prescribed in
Sections 3.12.120 through 3.12.215; provided, however, all bidding may be dispensed with for
purchases of supplies and equipment having a total estimated value of less than two thousand five
hundred dollars; and that city council approval is obtained for purchases in excess of ten thousand
dollars. (Ord. 288 § 1 (part), 1996; Ord. 2 § 1, 1982)
3.12.240 Minimum number of informal bids.
Open market purchases shall, wherever possible, be based on at least three informal bids, and shall
be awarded to the bidder offering the most advantageous bid to the city after consideration of price,
quality, durability, servicing, delivery time, standardization, and other factors. (Ord. 2 § 1, 1982)
3.12.250 Notice inviting informal bids.
The purchasing agent shall solicit informal bids by written requests to prospective vendors, or by
telephone, or by public notice posted on a public bulletin board at the city offices. (Ord. 2 § 1, 1982)
3.12.260 Record of informal bids.
The purchasing agent shall keep a written record of all open market purchases and informal bids for a
period of one year. This record, while so kept, shall be open to public inspection. (Ord. 2 § 1, 1982)
308
3.12.270 Exceptions to competitive bidding requirement.
Notwithstanding any provision of this chapter to the contrary, the competitive bidding procedures
and requirements may be dispensed with in any of the following instances:
A. When the estimated amount involved is less than two thousand five hundred dollars;
B. When the commodity can be obtained from only one vendor;
C. The city manager may authorize the purchase of materials, supplies, equipment and
services where an emergency is deemed to exist and it is determined that service involving the public
health, safety or welfare would be interrupted if the normal procedure were followed. All emergency
purchases, which would otherwise require formal bidding procedures, made pursuant to this section,
shall be submitted to the city council for ratification at the next regular council meeting after the
purchase is authorized;
D. The city council may authorize the execution of purchase contracts without observing
the bidding procedures provided in this chapter where the amount of the contract exceeds the value
of ten thousand dollars;
E. The city manager is authorized to enter into purchase contracts without observing the
bidding procedure provided in this chapter where the amount of the contract does not exceed the
amount of ten thousand dollars; provided there exists an unencumbered appropriation in the fund
account against which the expense is to be charged;
F. Any agreement involving acquisition of supplies, equipment or service entered into
with another governmental entity. (Ord. 315 § 1 (part), 1998; Ord. 288 § 1 (part), 1996; Ord. 2 § 1,
1982)
3.12.300 Surplus supplies and equipment.
All using departments shall submit to the purchasing agent, at such times and in such forms as he
shall prescribe, reports showing all supplies and equipment which are no longer used or which have
become obsolete and worn out. (Ord. 2 § 1, 1982)
3.12.310 Surplus suppliesTrade-ins.
The purchasing agent shall have authority to exchange for or trade in on new supplies and equipment
all supplies and equipment which cannot be used by any department or which have become
unsuitable for city use. (Ord. 2 § 1, 1982)
3.12.320 Surplus suppliesSale.
The purchasing agent shall also have authority, subject to approval of the city manager, to dispose of
surplus supplies or equipment by auction or by sale or otherwise after receiving bids or proposals
which, in his judgment, provide the maximum return to the city. (Ord. 2 § 1, 1982)
309
Chapter 3.14
AUTHORIZATION OF SIGNATURES FOR CITY WARRANTS
3.14.010 Authorization of signatures for city warrants.
All city warrants require the signatures of two city officers. The following four city officers
are authorized to sign city warrants: mayor, mayor pro tem, city manager and finance
director. The finance director is also authorized to use the facsimile, digital or electronic
signaturesof the city manager in the preparation of city warrants.In the event a facsimile
signature is used the signature of the mayor, mayor pro tem or finance director is required.
(Ord. 337 § 1, 2000; Ord. 210 § 1, 1992)
310
Chapter 3.15 \[new chapter\]
DEMANDS FOR PAYMENT
3.15.010 Purpose.
\[NEW\] It is the purpose of this chapter to describe procedures for the processing and
payment of demands, bills, and other claims against the city arising out of purchase orders
and contracts, including bills for labor, materials and supplies furnished; but not including
payroll or claims for money or damages covered by chapter 3.16.
3.15.020 Auditing prerequisite to payment.
\[from 3.16.020\] No payment shall be made from the city treasury or out of the funds of the
city unless the demand which is to be paid is duly audited as prescribed in sections 3.15.040
and 3.15.050 of this chapter or by other provisions of law.
3.16.030 re: forms deleted by Rita 6/3/2015
3.15.040Audit and approval by receiving Ddepartmental approval of claims.
\[from 3.16.040\] Except for tort claims, every demand received against the city shall first be
presented to and approved in writing by the receiving department or office, which shall
certify to the actual delivery or rendition of the supplies, materials, property or service for
which payment is demanded; that the quality and prices correspond with the original
specifications and contracts, if any, upon which the demand is based; that the demand in
all other respects is proper and valid, and which shall further indicate the budgetary
account to which the demand is to be charged.
3.15.050Audit and aApproval by director of finance.
\[from 3.16.050\] Each demand approved by the receiving department or office shall be
presented to the director of finance who shall satisfy him/herself whether:
A. The demand is legally due and owing by the city;
B. There are budgeted or otherwise appropriated funds available to pay the demand;
C. The demand conforms to a valid requisition or order;
D. The prices and computations shown on the demand are verified;
E. The demand contains the approval of other departments and officials as required.
3.15.060 Prepayment of demands.
\[from 3.16.060 and revised\]
A.As provided by Section 37208 of the California Government Code, (1) payroll warrants or
checks need not be audited by the city council prior to payment. Payrolls shall be
presented to the city council for ratification and approval at the first meeting after
delivery of the payroll warrants or checks, (2) warrants or checks drawn in payment of
demands certified or approved by the director of finance as conforming to a budget
approved by resolution of the city council need not be audited by the city council prior to
payment, and (3) notwithstanding items (1) and (2), budgeted payrolls and demands
paid by warrants or checks may be presented to the city council for ratification and
approval in the form of an audited comprehensive annual financial report. Prepayment
of demands prior to audit by the finance committee and the city council may be made
311
by the director of finance and general services in conformity with the authority provided
by Section 37208 of the Government Code.
B. Whenever the director of finance determines that a refund is due of fees, taxes or other
receipts collected in error or in advance of being earned, or of money the refund of
which is otherwise due pursuant to specific provisions of this code or of any other
ordinance of this city, then any such refund shall be deemed as conforming to the
currently approved budget, and may be prepaid in the same fashion as other demands
encompassed within the terms of subsection A of this section.
3.15.070 Approval of the register of demands.
\[from 3.16.070, 080 and revised\] Following audit of demands, the director of finance and
general services shall prepare a register of audited demands showing the claimant's name,
amount of demand, the warrant number and date thereof, and transmit the register to the
city manager for his/her review and approval. presentation to the finance committee and
the city council with his approval or other report.The register of demands shall be
presented to the city council to receive, review and file at the next regular meeting thereof.
The city council may be resolution approve, conditionally or partially approve or reject the
register of demands and in connection therewith consider the recommendations of the
finance committee and the city manager.
Delete old 3.16.090 Record of approved demands.
Following approval of the register of demands by the city council, the chairperson of the
finance committee and the city manager shall endorse the resolution approving the
register of audited demands to signify there was proper processing of demands therein
before the city council took action. (Ord. 2 § 1, 1982)
312
Chapter 3.16
DEMANDS AND CLAIMS
CLAIMS FOR MONEY OR DAMAGES
3.16.010 Claims for money or damages.
\[from 3.16.010\] As a prerequisite to bringing suit thereon against the city or any officer,
department, commission or board of the city, any claim for money or damages (including
claims which would otherwise be excepted by Section 905 of the Government Code) which
is not governed by any other statutes or regulations expressly relating thereto, shall be
presented and acted upon in accordance with Title 1, Division 3.6, Part 3, Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910), of the
Government Code as those provisions now exist or shall hereafter be amended.
This section shall relate only to the bringing of suit upon any claim, and shall not be
deemed to apply to the authority of the director of finance and general services, the city
council, and other officers to process and pay, in the ordinary course of business, the just
obligations of the city, such as routine salaries and wages, principal and interest on bonds,
payments for purchases and services, and other like expenditures for which there is an
express budget appropriation, and in connection with which there is no dispute as to the
obligation and amount being payable. (Ord. 2 § 1, 1982)
3.16.020 Authorization to act on claims \[new\].
In accordance with Section 935.4 of the California Government Code, the city council may
authorize an employee of the city to perform the claim procedures and functions of the city
compromise, or settle a claim against the city shall not exceed $50,000 as that amount
may be amended from time to time by Section 935.4 of the California Government Code or
successor statute, and also subject to the policies and procedures adopted by resolution of
the city council as may be amended from time to time.
313
SEE CHAPTER 3.15 DEMANDS FOR PAYMENT
FOR INCLUSION OF SECTIONS 3.16.020 THROUGH 3.16.090
3.16.020 Auditing prerequisite to payment.
No payment shall be made from the city treasury or out of the funds of the city unless the
demand which is to be paid is duly audited as prescribed in this chapter or by other
provisions of law. (Ord. 2 § 1, 1982).
3.16.030 FormsBlanks for demands.
Claims against the city shall be paid on demands on the treasury as provided in this chapter
on forms to be prescribed by the director of finance and general services. (Ord. 2 § 1, 1982)
3.16.040 Departmental approval of claims.
Except for tort claims, every claim and demand received against the city shall be first
presented to and approved in writing by the receiving department or office, which shall
certify to the actual delivery or rendition of the supplies, materials, property or service for
which payment is claimed; that the quality and prices correspond with the original
specifications and contracts, if any, upon which the claim is based; that the demand in all
other respects is proper and valid, and which shall further indicate the budgetary account
to which the demand is to be charged. (Ord. 2 § 1, 1982)
3.16.050 Approval by director of finance and general services.
Each demand approved by the receiving department or office shall be presented to the
director of finance and general services who shall satisfy himself whether:
A. The claim is legally due and owing by the city;
B. There are budgeted or otherwise appropriated funds available to pay the claim;
C. The claim conforms to a valid requisition or order;
D. The prices and computations shown on the claim are verified;
E. The claim contains the approval of other departments and officials as required. (Ord. 2 §
1, 1982)
3.16.060 Prepayment of demands.
A. Prepayment of demands prior to audit by the finance committee and the city council
may be made by the director of finance and general services in conformity with the
authority provided by Section 37208 of the Government Code.
B. Whenever the director of finance and general services determines that a refund is due
of fees, taxes or other receipts collected in error or in advance of being earned, or of
money the refund of which is otherwise due pursuant to specific provisions of this code
or of any other ordinance of this city, then any such refund shall be deemed as
conforming to the currently approved budget, and may be prepaid in the same fashion
as other demands encompassed within the terms of subsection A of this section. (Ord. 2
§ 1, 1982)
3.16.070 Register of demands.
Following audit of demands the director of finance and general services shall prepare a
register of audited demands showing the claimant's name, amount of demand, the warrant
314
number and date thereof, and transmit the register to the city manager for his review and
presentation to the finance committee and the city council,with his approval or other
report. (Ord. 2 § 1, 1982)
3.16.080 City council approval.
The register of demands shall be presented to the city council at the next regular meeting
thereof. The city council may by resolution approve, conditionally or partially approve or
reject the register of demands and in connection therewith consider the recommendations
of the finance committee and the city manager. (Ord. 2 § 1, 1982)
3.16.090 Record of approved demands.
Following approval of the register of demands by the city council, the chairperson of the
finance committee and the city manager shall endorse the resolution approving the
register of audited demands to signify there was proper processing of demands therein
before the city council took action. (Ord. 2 § 1, 1982)
315
Chapter 3.18
SPECIAL GAS TAX STREET IMPROVEMENT FUND
3.18.010 Created.
To comply with the provisions of Section 2113 of the Streets and Highways Code and to To avail the city of
theits benefits of Sections 2106 and 2107 of the California Streets and Highways Codesaid code, there is
created by ordinance in the city treasury a special fund in the city treasury to be known as the ƭƦĻĭźğƌ ŭğƭ Ʒğǣ
ƭƷƩĻĻƷ źƒƦƩƚǝĻƒĻƓƷ ŅǒƓķ. (Ord. 2 § 1, 1982)
3.18.020 Moneys included.
All moneys received by the city from the state under the provisions of the California Streets and Highways
Code for the acquisition of real property or interests therein, or for engineering, or for the construction,
maintenance and improvement of streets or highways by the city shall be paid into the fund. (Ord. 2 § 1, 1982)
3.18.030 Expenditures.
All moneys in the fund shall be expended exclusively for the purposes authorized by and subject to the
provisions of the California Streets and Highways Code. (Ord. 2 § 1, 1982)
3.18.040 Fund Interest
To comply with the provisions of Section 2113 of the California Streets and Highways Code, Iinterest received
by the city from the investment of money in the special gas tax street improvement fund shall be deposited in
the fund and shall be used for street purposes.
316
DELETE THIS CHAPTER IN ITS ENTIRETY, SHOULD NEVER HAVE BEEN CODIFIED
NOTE:
Jun 1990 Measure Q although Council adopted Ord 166, and 3 resolutions stating their
intent to place this on the June 5, 1990 special election, there is no evidence in City
records that it ever passed no paper file, no reso of results, no minutes, no staff
reports, no retraction. State & County election websites do not have access to records
as old as 1990. Contacted County for election results and received an email stating
that Measure Q failed to get 66.6% of the vote (got 45.87%) so this Ordinance should
never have been codified.
Mar 2002 Measure B failed to get 66.6% of vote (got 64.38%) to levy a special tax upon
each parcel for fire protection & paramedic services.
Nov 2002 Measure M failed to get 66.6% of vote (got 64.14%) to levy a special tax upon
each parcel for fire protection and paramedic services.
Chapter 3.19
SPECIAL TAX FOR FIRE PROTECTION AND PREVENTION
3.19.010 Authority and adoption.
Pursuant to the authority contained in Government Code Sections 53970 et seq., a special
tax for fire protection and prevention and related paramedic and community safety
services is hereby levied within the city. (Ord. 166 § 1 (part), 1990)
3.19.020 Levy of special taxAmount.
The special tax for fire protection and prevention shall be levied on a class of improvement
to property and use of property basis. Subject to the limitations set forth in Section
3.19.040, the amount of the special tax to be annually levied upon each parcel in the city
shall be determined by multiplying the applicable equivalent dwelling unit factor set forth in
Section 3.19.030 by the amount of the special tax for each equivalent dwelling unit as such
amount is annually determined by the city council. (Ord. 166 § 1 (part), 1990)
3.19.030 Determination of equivalent dwelling unit factor.
The following equivalent dwelling factors shall apply for each parcel in the city. Residential
parcels with one dwelling unit shall have an equivalent dwelling unit factor of 1.0.
Residential parcels with more than one dwelling unit shall have an equivalent dwelling unit
factor of .75 for each dwelling unit on the parcel. Parcels with hotel developments shall
have an equivalent dwelling unit factor of .6 per hotel unit, provided that commercial uses
on such parcels shall have the same equivalent dwelling unit factor as other commercial
parcels. Vacant parcels shall have an equivalent dwelling unit factor of .5 for parcels less
than one acre. An additional .1 shall be added to the .5 minimum for each additional
vacant acre on the parcel. Commercial and other nonresidential parcels shall have an
equivalent dwelling unit factor of 3.0 or .0004 multiplied by the gross square footage of
commercial buildings on the parcel, whichever is greater. (Ord. 166 § 1 (part), 1990)
3.19.040 Voter limitation of maximum tax to be levied.
317
The maximum special tax that may be levied pursuant to this chapter for each equivalent
dwelling unit shall not exceed ten dollars per month for each equivalent dwelling unit.
(Ord. 166 § 1 (part), 1990)
3.19.050 Collection.
The special taxes levied pursuant to this chapter shall be collected by the county on behalf
of the city in the same manner and subject to the same penalties for delinquencies as other
taxes which are fixed and collected by the county. The county may deduct from the special
taxes collected its reasonable costs incurred for such service before remittal of the balance
to the city. (Ord. 166 § 1 (part), 1990)
3.19.060 PurposeRevenue expenditure.
All of the revenues derived from the special tax levied pursuant to this chapter shall be paid
into a special fund in the treasury of the city and shall be expended only for the purpose of
obtaining, furnishing, operating and maintaining fire protection and prevention and related
paramedic and community safety services. (Ord. 166 § 1 (part), 1990)
3.19.070 Exclusions and exemptions.
All federal, state, county and district owned property shall be exempt from the special tax
to be levied pursuant to this chapter. (Ord. 166 § 1 (part), 1990)
318
Chapter 3.28
BUSINESS LICENSES
3.28.010 180 Definitions.(MOVED DEFINITIONS TO TOP & RENUMBERED)
For the purposes of this chapter, unless it is plainly evident from the context that a different
meaning is intended, certain terms used in this chapter are defined as follows:
A.
calling whether or not carried on for profit.
B.charter city and municipal corporation of the state of
California, in its present incorporated form or in any later reorganized, consolidated, enlarged or
reincorporated form.
C.
administration of this chapter by the city manager.
D.
or received for the performance of any act or service of whatever nature it may be, for which a
charge is made or credit allowed, whether or not such act or service is done as a part or in
connection with the sale of materials, goods, wares, or merchandise. ts
all such sales made in a fixed place of business within the city or without a fixed place of
business in the city but from the delivery of any product or service to a location within the city.
mean the gross receipts of the calendar year
preceding the beginning of the annual license period. Included in gross receipts shall be all
receipts, cash, credits, and property of any kind or nature, without any deduction therefrom on
account of the cost of the property sold, the cost of the materials used, labor or service, costs,
interest paid or payable, or losses or other expenses whatsoever. Excluded from gross receipts
shall be the following:
1. Cash discounts allowed and taken on sales;
2. Credit allowed on property accepted as part of the purchase price and which property may
later be sold;
3. Any tax required by law to be included in or added to the purchase price and collected from
the consumer or purchaser;
4. Such part of the sale price returned by purchasers upon rescission of the contract of sale as
is refunded either in cash or by credit;
5. Amounts collected for others where the business is acting as an agent or trustee, to the
extent that such amounts are paid to those for whom collected and provided the agent or
trustee has furnished the collector with the names and addresses of the others and the
amounts paid to them;
6. That portion of gross receipts which has been the measure of a business license tax paid to
any other city for sales transacted outside the city.
E.
place to place or in or along the streets within the city selling and making immediate delivery or
offering for sale and immediate delivery any goods, wares, merchandise or anything of value in
his possession to persons other than manufacturers, wholesalers, jobbers or retailers in such
commodities.
319
F.corporations, associations, syndicates, joint stock
corporations, partnerships of every kind, clubs, Massachusetts, business, or common-law trusts,
societies and individuals transacting and carrying on any business in the city other than as an
employee.
G.
H.
house or from place to place or by telephone, internet or by any other means of communication
for any goods, wares, merchandise, or any article to be delivered in the future or for services to
be performed in the future or making, manufacturing, or repairing any article whatsoever for
future delivery or for subscriptions to periodicals or tickets of admission to entertainments or
memberships in any clubs.
I.
declaration or certification made under penalty of perjury. (Ord. 400 § 1, 2004; Ord. 303 § 1,
1997; Ord. 31 § 1 (part), 1983; Ord. 16 § 1 (part), 1982)
3.28.020 010 Enforcement.
A. The city manager collector shall have the responsibility and power to enforce the provisions of
this chapter,and the police chief shall render such assistance in the enforcement thereof as
may from time to time be required.
B. The city manager or his designee, collector who may act through deputies or duly authorized
assistants, may examine, or cause to be examined, all places of business in the city to ascertain
whether the provisions of this chapter have been complied with.
C. The city manager or his designee, collector who may act through deputies or duly authorized
assistants, shall have the power and authority to enter, free of charge, at any reasonable time,
any place of business required by the provisions of this chapter to be licensed and require an
exhibition of the license certificate. Any person having such license certificate theretofore
issued in his possession or under his control who wilfully fails to exhibit such certificate on
demand shall be guilty of an infraction and subject to the penalties provided for by Section
1.01.230 of this code. (Ord. 31 § 1, 1983; Ord. 16 § 1, 1982)
3.28.030 020 Business license required.
Subject to the provisions of this chapter, all businesses engaged in or carried on in the city shall pay
for an annual business license fees in the amounts as provided in this chapter except where specific
provisions are made for daily, monthly, quarterly or semi-annual payments pursuant to Sections
3.28.320 and 3.28.330 of this chapter. It is unlawful for any person to commence, transact, engage
in, or carry on any business in the city without first having obtained and paid for a valid business
license and paid the license fee therefor, or without complying with any and all applicable provisions
of this chapter. Compliance with such requirements shall not be construed to be a condition
precedent to engaging in any business or corporation within the city where the imposition of such a
condition precedent would be contrary to law.
When any person shall by use of signs, circulars, cards, telephone book, electronic media or
newspapers, advertise, hold out, or represent that s/he is in business in the city, or when any person
holds an active license or permit issued by a governmental agency indicating that s/he is in business
in the city, and such person fails to deny by a sworn statement given to the collector that s/he is not
320
conducting a business in the city after being requested to do so by the collector, then these facts
shall be considered prima facie evidence that s/he is conducting a business in the city. (Ord. 31 § 1
(part), 1983; Ord. 16 § 1 (part), 1982)
3.28.040 030 License subject to other regulations and fees.
Persons required to obtain and payfor abusiness license fee for transacting and carrying on any
business under this chapter shall not be relieved from the payment of any fees for the privilege of
carrying on any similar or related activity required under any other ordinance of the city and shall
remain subject to the regulatory provisions of other ordinances. No person shall be entitled to a
business license and the collector shall not issue a business license to any person commencing
business unless and until said person shall have complied with all applicable city ordinances. No
license shall be issued covering any food or drink dispensing establishment, restaurant, pet hospital,
pet shop, veterinarian, or kennel services until the applicant has obtained applicable permits and
licenses clearance from the Riverside County department of health,and if applicable, from the State
Alcoholic Control Board. No person shall be issued a business license without first obtaining a State
Board of Equalization Seller
No license shall be issued covering the sale of firearms until the applicant has obtained applicable
permits and licenses from the Riverside County Sheriff(Ord. 31 § 1 (part), 1983; Ord.
16 § 1 (part), 1982)
3.28.050 040 False statements.
It shall be unlawful for any person knowingly to make any false statement in any application for a
license pursuant to the provisions of this chapter. (Ord. 31 § 1 (part), 1983; Ord. 16 § 1 (part), 1982)
3.28.060 050 True names on reports.
Every person making out any report or record required by the terms of this chapter or any copy
thereof shall sign his true name and give the true name and correct address of the licensee. (Ord.
31 § 1 (part), 1983; Ord. 16 § 1 (part), 1982)
3.28.070 060 Illegal occupations.
A license granted pursuant to this chapter does not permit any occupation or activity of any kind
which is prohibited by this code or any other ordinance, or by any state or federal statute, law, rule,
order or regulation. (Ord. 31 § 1 (part), 1983; Ord. 16 § 1 (part), 1982)
3.28.070 Refusing license.
Before the city manager collector denies any license either new or renewal, unless a hearing already
has been held, s/he shall notify the applicant in writing that s/he intends to deny the license, and
that the applicant may request a hearing before the city manager within five days after receipt of
such notice. (Ord. 31 § 1 (part), 1983; Ord. 16 § 1 (part), 1982)
3.28.080 Grounds for denial.
A. The city manager collector may refuse to issue a license to carry on any business, occupation or
activity, if such business, occupation, or activity has been, will be, or is apt to become any one or
more of the following:
1. Prohibited by any local ordinance or by any state or federal law, statute, rule or regulation;
2. A public nuisance;
3. In any way detrimental to the public interest;
4. Prohibited by zoning laws and ordinances.
B. A license may also be denied on the grounds that the applicant has knowingly made a false
statement in a material matter either in his/her application or in his/her testimony before the
321
city manager or other body hearing such testimony. (Ord. 31 § 1 (part), 1983; Ord. 16 § 1 (part),
1982)
3.28.090 Real party in interest.
The city council, city manager, collector, police department official, or other appropriate officer or
body may examine under oath any applicant to determine who is the real party in interest in the
business, occupation or exhibition for which a license is sought. If the city council or other body or
official having jurisdiction is satisfied that the application is not in the interest of the person in
whose name the application is made, it may deny the license. If the city council or such other body
or official finds that the application is in the interest of one whose license has been revoked or who
has been refused a license, it may treat the application as though made by the real party in interest,
and the application shall have the same effect against any future applications as if it had been
made in the name of the real party in interest. (Ord. 31 § 1 (part), 1983; Ord. 16 § 1 (part), 1982)
3.28.100 Grounds for revocation.
A license may be revoked on any one or more of the following grounds:
A. Any facts exist upon which a denial of such license would be authorized;
B. The licensee, or any agent or employee of the licensee has been convicted of violating any of the
terms of this chapter, or any regulation imposed pursuant thereto, or of any state or federal law,
statute, rule, order or regulationof the state, now or hereafter in force regulating the occupation
or other activity for which the license was issued;
C. The licensee obtained the license by fraudulent misrepresentations;
D. If the license authorizes engaging in the business of repairing any property, such as radios,
television, or vehicles, the licensee, or any agent or employee of the licensee has stolen, or been
convicted of the theft of, such property or any part thereof;
E. The licensee has been guilty of, or has been convicted of, fraud, false advertising or other
misrepresentation, including misstatement of the work done, such as (1) the installation of old,
or secondhand parts and the charging for new parts, or (2) charging for parts not installed or
any other misdealing, dishonesty, or wilful failure to comply with the terms of any contract
made as a part of the exercise of the occupation or activity licensed;
F. The mutilation of any serial number, engine number, or other number or identifying mark on any
property of other persons, handled by the licensee in the course of the licensed business;
DG. Conspiracy with any person to do anything described in subsections A, B,or C, D, E or F of this
section;
EH. The failure or refusal of the licensee to notify the city manager ofcollector of any material
change in facts concerning the license within thirty days after such change. (Ord. 31 § 1 (part),
1983; Ord. 16 § 1 (part), 1982)
3.28.110 Forfeiture of fee.
On revocation of the license, no part of the money in the hands of the city shall be returned, butthe
entire cost of the business license fee shall be forfeited to the city. (Ord. 31 § 1 (part), 1983; Ord. 16
§ 1 (part), 1982)
3.28.120 New license after revocation.
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When a license of any person is revoked for cause, no new or other license for the same or a similar
business shall be granted to the same person within six months after such revocation. (Ord. 31 § 1
(part), 1983; Ord. 16 § 1 (part), 1982)
3.28.130 Keeping insurance etc., in force.
A. Whenever this code requires the applicant for any license or permit to procure, post, or maintain
in effect any bond, undertaking, deposit, surety, or policy of insurance, any license or permit so
issued shall be in good standing only when such bond, undertaking, deposit, surety, or policy of
insurance is in full force and effect. Such license or permit shall be automatically suspended
without notice at any time such bond, undertaking, deposit, surety, or policy of insurance is not
in full force and effect.
B. If a new bond, undertaking, deposit, surety, or policy of insurance acceptable to the city
manager collector if isfiled before the cancellation or expiration of the old one becomes
effective, the license or permit will continue in full force. (Ord. 31 § 1 (part), 1983; Ord. 16 § 1
(part), 1982)
3.28.140 Administrative enforcement.
A. Authority of the City Manager. The city manager, upon a hearing after giving the licensee five
and requiring him to show cause why his license should not be revoked, may revoke or suspend
any one or more of the licenses held by such licensee. Within three days after his decision, the
city manager shall notify the licensee thereof.
B. Appeals to the Council. Any person aggrieved by the decision of the city manager may appeal
therefrom to the council in the manner provided in Sections 2.04.100 to 2.04.130.
C. Failure to Appeal. In the event no appeal is taken by the licensee, the decision of the city
manager revoking or suspending such license shall become final and conclusive on the
expiration of the time fixed for an appeal. (Ord. 31 § 1 (part), 1983; Ord. 16 § 1 (part), 1982)
3.28.140150 Compliance with laws required.
The payment for ofabusiness license fee as required by the provisions of this chapter, and its
acceptance by the city, and the issuance of such license to any person shall not entitle the holder
thereof to carry on any business unless he has complied with all the requirements of this code and
all other applicable laws, nor to carry on any business in any building or on any premises designated
in such license in the event such building or premises are situated in a zone or locality in which the
conduct of such business is in violation of any law. (Ord. 31 § 1 (part), 1983; Ord. 16 § 1 (part), 1982)
3.28.150 160 License and penalties constitute debt to city.
The charge amountfor of any business license fee and penalty imposed by the provisions of this
chapter shall be deemed a debt to the city. An action may be commenced in the name of the city in
any court of competent jurisdiction, for the amount of any delinquent business license charges fee
and penalties. (Ord. 31 § 1 (part), 1983; Ord. 16 § 1 (part), 1982)
3.28.160 170 Remedies cumulative.
All remedies prescribed under this chapter shall be cumulative and the use of one or more remedies
by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of
this chapter. (Ord. 31 § 1 (part), 1983; Ord. 16 § 1 (part), 1982)
3.28.170 190 Separate license for each place or type of business.
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A separate license must be obtained for each branch establishment or location of the business
transacted and carried on and for each separate type of business at the same location, and each
license shall authorize the licensee to transact and carry on only the business licensed thereby at
the location or in the manner designated in such license; provided, that warehouses and distributing
plants used in connection with and incidental to a business licensed under the provisions of this
chapter shall not be deemed to be separate places of business or branch establishments; and
provided further, that any person conducting two or more types of businesses at the same location
and under the same management, or at different locations, but which businesses use a single set or
integrated set of books and records may, at his option, pay only for onebusiness license fee
calculated on all gross receipts of the businesses under the schedule that applies to the type of
business of such person which requires the highest payment on such gross receipts except that a
business license charge fee of three dollars ($3.00) for each additional branch, location, or type of
business shall be paid. (Ord. 31 § 1 (part), 1983; Ord. 16 § 1 (part), 1982)
3.28.180 200 Information confidential.
The collector or any of his authorized representatives shall not make known in any manner
whatever the business affairs, operations, or information obtained by an investigation of records
and equipment of any person required to obtain a license or pay for abusiness license feeunder the
provisions of this chapter or to divulge the amount or source of income, profits, losses, expenditures,
or any particular thereof set forth in any statement or application, or to permit any statement or
application, or copy of either, or any other document relating thereto which contains specific
information as to the amount or source of income or expenditures of any person obtaining a license
to be seen or examined by any person.; provided, that
N nothing in this section shall be construed to prevent the disclosure to or examination of records
by another city agent for the sole purpose of administering or enforcing any of the provisions of this
chapter or auditing of accounts of the collector, federal or state officials, or a grand jury or court of
law upon subpoena or in a proceeding to determine the existence or amount of any business license
fee liability amount of the particular licensee to the city; nor shall the disclosure of the names and
addresses of persons to whom licenses have been issued and the general type of their business be
prohibited hereunder, together with general statistics regarding the businesslicense costs and
business receipts fees collected or business done in the city. (Ord. 31 § 1 (part), 1983; Ord. 16 § 1
(part), 1982)
3.28.190 210 ExemptionsGenerally.
A. Generally. Nothing in this chapter shall be deemed or construed to apply to any person
transacting and carrying on any business exempt by virtue of the Constitution or applicable statutes
of the United States or of the state of California. Any person claiming an exemption pursuant to this
chapter shall file a sworn statement written declaration, under penalty of perjury with the collector
stating the facts upon which exemption is claimed are true and correct and shall furnish such
information and verification as may be required, such as a 501(C)3 form, DD-214 form, medical
doctor verification,proof of gross receipts satisfactory to the Collector,IRS form 4506-T,etc. In the
absence of such statement substantiating the claim, such person shall be liable for the payment
offor the business license fee imposed by this chapter. The collector, after giving notice and a
reasonable opportunity for hearing to a licensee, may revoke any license granted pursuant to the
provisions of this section upon information that the licensee is not entitled to the exemption as
provided in this chapter. (Ord. 31 § 1 (part), 1983; Ord. 16 § 1 (part), 1982)
3.28.220 ExemptionCharitable and nonprofit organizations.
B. Charitable and nonprofit organizations. The provisions of this chapter shall not be deemed
or construed to require the payment offorabusiness license fee to conduct, manage or carry on any
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business, occupation, or activity from any institution or organization which is conducted, managed
or carried on wholly for the benefit of charitable purposes or from which profit is not derived, either
directly or indirectly, by any individual; nor shall any business license fee be required for the
conducting of any entertainment, concert, exhibition, or lecture on scientific, historical, literary,
religious or moral subjects within the city whenever the receipts of any such entertainment, concert,
exhibition or lecture are to be appropriated to any church or school or to any religious or benevolent
purpose; nor shall any business license fee be required for the conducting of any entertainment,
dance, concert, exhibition or lecture by any religious, charitable, fraternal, educational, military,
state, county or municipal organization or association whenever the receipts of any such
entertainment, dance, concert, exhibition or lecture are to be appropriated for the purpose and
objects for which such organization or association was formed and from which profit is not derived,
either directly or indirectly, by any individual; provided, however, that nothing in this section shall be
deemed to exempt any such organization or association from complying with any of the provisions
of this code requiring a permit from the city council or any commission or officer to conduct,
manage, or carry on any profession, trade, calling or occupation. (Ord. 31 § 1 (part), 1983; Ord. 16 §
1 (part), 1982)
3.28.230 ExemptionDisabled veterans.
C. Disabled veterans. No business license fee payable hereunder shall be payable by any
person who has received an honorable discharge from or release from active duty in one of the
United States armed services, who is physically unable to obtain a livelihood by manual labor, and
who is a voter of this state.In addition to form DD214, the city may require any disabled veteran
applying for an exemption to submit a certificate signed by a physician or surgeon substantiating
the disability.
(Ord. 31 § 1 (part), 1983; Ord. 16 § 1 (part), 1982)
3.28.240 ExemptionNewspapers, magazines and periodicals.
D. Newspapers, magazines and periodicals. The provisions of this chapter shall not apply to the
publication or sale of newspapers, magazines or other periodicals regularly issued at average
intervals not exceeding three months. (Ord. 31 § 1 (part), 1983; Ord. 16 § 1 (part), 1982)
3.28.250 ExemptionBusinesses subject to franchise, etc.
E. Businesses subject to franchise, etc. No business license shall be required of any public
utility or other service organization which pays to the city a fee or tax under a franchise or similar
agreement. (Ord. 31 § 1 (part), 1983; Ord. 16 § 1 (part), 1982)
3.28.260 ExemptionLimited income.
F. Limited income. No business license shall be required of a person doing business and
drawing social security benefits whose gross receipts do not exceed the maximum income allowed
by Title 42, U.S. Code, Sections 403(f)(3), as presently written or as amended. (Ord. 31 § 1 (part),
1983; Ord. 16 § 1 (part), 1982)
3.28.200270 Fee adjustments required in cases of interstate commerce.
None of the business license chargesfees provided for herein shall be so applied as to occasion an
undue burden upon interstate commerce or be violative of the equal protection and due process
clauses of the Constitution of the United States and the state of California. In any case where a
business license chargefee is believed by a licensee or applicant for a license, to place an undue
burden upon interstate commerce or be violative of such constitutional clauses, s/he may file an
appeal with the City Manager pursuant to Chapter 2.08 of this Code. apply to the collector for an
adjustment of the fee. Such application may be made before, at, or within six months after
payment of the prescribed license fee. The applicant shall, by sworn statement and supporting
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testimony, show his/her method of business and the gross volume or estimated gross volume of
business and such other information as the collector may deem necessary in order to determine the
extent, if any, of such undue burden or violation. The collector shall then conduct an investigation,
and after having first obtained the written approval of the city attorney, shall fix as the license fee
for the applicant, an amount that is reasonable and nondiscriminatory; or if the license fee has
already been paid, shall order a refund of the amount over and above the license fee so fixed. In
fixing the license fee to be charged, the collector shall have the power to base the license fee upon
any measure which will assure that the license fee assessed shall be uniform with that assessed on
businesses of like nature, so long as the amount assessed does not exceed the license fee as
prescribed by this chapter. The collector may require the applicant to submit, either at the time of
termination of applicant's business in the city, or at the end of each three-month period, a sworn
statement of the gross incomes from local sources upon which a license fee adjustment may be
based; provided, that no additional license fee during any one calendar year shall be required after
the licensee shall have paid an amount equal to the annual license tax as prescribed in this chapter.
(Ord. 31 § 1 (part), 1983; Ord. 16 § 1 (part), 1982)
3.28.210280 ApplicationContents of license.
Every person required to have a license, or renewing a license under the provisions of this chapter
shall make application for the same to the collector on forms provided by the collector, and upon
the payment of the prescribed business license chargetax the collector shall, if appropriate, issue to
such person a license which shall contain (1) the name of the person to whom the license is issued,
(2) the business licensed, (3) the place where such business is to be transacted and carried on, (4)
the date of the expiration of such license, (5) afictitious business statement if applicable, and (65)
such other information as may be necessary for the enforcement of the provisions of this chapter.
(Ord. 31 § 1 (part), 1983; Ord. 16 § 1 (part), 1982)
3.28.220290 Statement of gross receipts.
In all cases where the amount forof the business license fee to be paid is measured by gross
receipts,or is exempt based on gross receipts, the applicant for license shall furnish to the collector
a sworn statement setting forth such information as is required and as may be necessary to
determine the amount forof the business license fee to be paid by the applicant. Upon making
application for the first license to be issued hereunder, or for a newly established business, a person
shall estimate the gross receipts for the period to be covered by the license to be issued. Such
estimate, if accepted by the collector as reasonable, shall be used in determining the amount forof
the business license fee to be paid by the applicant. The applicant for the renewal of a license shall
business during the preceding year as may be required by the collector to enable him/her to
ascertain the amount forof the business license fee to be paid by the applicant. (Ord. 31 § (part),
1983; Ord. 16 § 1 (part), 1982)
3.28.230 300 Statements not conclusive.
No statements shall be conclusive as to the matters set forth therein, nor shall the filing of the same
preclude the city from collecting by appropriate action such sum as is actually due and payable
hereunder. Such statement and each of the several items therein contained shall be subject to
audit and verification by the collector, his/her deputies, or authorized employees of the city, who are
hereby authorized to examine, audit, and inspect such books and records of any licensee or
applicant for license, as may be necessary in their judgment to verify or ascertain the amount forof
the business license fee due. An inspection of books and records shall be made only when the city
managercollector has determined that there is substantial necessity to do so in order to properly
administer this chapter.
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All licensees, applicants for licenses, and persons engaged in business in the city are hereby
required to permit an examination of such books and records for the purposes aforesaid. (Ord. 31 §
1 (part), 1983; Ord. 16 § 1 (part), 1982)
3.28.240 310 Failure to file or failure to file a corrected statement.
If any person fails to file any required statement within the time prescribed, or if after demand
therefor made by the collector s/he fails to file a corrected statement, the collector may determine
the amount forofthe business license fee due from such person by means of such information as
s/he may be able to obtain. If such a determination is made, the collector shall give a notice of the
amount so assessed by serving it in accordance with section 1.01.300 of this code.personally or by
depositing it in the United States post office, postage prepaid, addressed to the person so assessed
at his last known address. Such person may, within fifteen days after the mailing or serving of such
notice, make application in writing to the city clerk for a hearing on the amount of the license fee. If
such application is made, the city clerk shall cause the matter to be set for hearing before the city
hearing in the manner prescribed above for serving notices of assessment. The council shall
consider all evidence produced, and shall make findings thereon, which shall be final. Notice of
such finding shall be served upon the applicant in the manner prescribed above for serving notices
of assessment appeal the decision to the city council in the manner provided in Section 2.04.100 to
2.04.130 of the Municipal Code. (Ord. 31 § 1 (part), 1983; Ord. 16 § 1 (part), 1982)
3.28.250 320 Appeals
Any person aggrieved by any decision of the collector or of any other city officer made pursuant to
this chapter may request a hearing before the city manager in accordance with chapter 2.08.appeal
to the city council pursuant to the provisions of Section 2.04.100 to 2.04.130of this code.
3.28.260 330 Additional power of collector.
In addition to all other power conferred upon him/her, the collector shall have the power, for good
cause shown, to extend the time for filing any required sworn statement for a period not exceeding
thirty days, and in such case to waive any penalty that would otherwise have accrued; and shall
have the further power, with the consent of the council, topower to compromise any claims as to
amount forofthe business license tax due. (Ord. 31 § 1 (part), 1983; Ord. 16 § 1 (part), 1982)
3.28.270 340 No license transferableAmended license for changed location.
No license issued pursuant to this chapter shall be transferable; provided, that where a license is
issued authorizing a person to transact and carry on a business at a particular place, such licensee
may upon application therefore and paying a processing fee of ten dollars ($10.00) have the license
amended to authorize the transacting and carrying on of such business under said license at some
other location to which the business ishasor is to be moved. (Ord. 31 § 1 (part), 1983; Ord. 16 § 1
(part), 1982)
3.28.280 350 Duplicate license.
A duplicate license may be issued by the collector to replace any license previously issued
hereunder which has been lost or destroyed upon the licensee filing a statement of such fact and, at
the time of filing such statement, paying a duplicate license processing fee of five dollars ($5.00).
(Ord. 31 § 1 (part), 1983; Ord. 16 § 1 (part), 1982)
3.28.290 360 Posting and keeping licenses.
All licenses shall be kept and posted in the following manner:
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A. Any licensee transacting and carrying on business at a fixed place of business in the city shall
keep the license posted in a conspicuous place upon the premises where such business is carried
on.
B. Any licensee transacting and carrying on business but not operating at a fixed place of business
in the city shall keep the license upon his/her person at all times while transacting and carrying
on such business in the city.
C. Any licensee using a motor vehicle in connection with his/her business shall affix on the vehicle
in a location prescribed by the city manager collector, a decal or tag, to be furnished by the city,
showing that a current license has been issued. (Ord. 31 § 1 (part), 1983; Ord. 16 § 1 (part),
1982)
3.28.300 370 Method and time of payment.
Unless otherwise specifically provided, all annual amounts due for business licensesfees shall be
due and payable on or before the renewal date. (Ord. 400 § 2, 2004)
3.28.310 380 Penalties for failure to pay fee when due.
For failure to pay for abusiness license fee when due, the collector shall add a penalty of ten
percent (10%) of such business license chargefee on the first day ofr each succeeding month after
the due date thereof; provided, however, the amount of such penalty to be added shall in no event
exceed fifty percent of the amount of the business license chargefee due. (Ord. 31 § 1 (part), 1983;
Ord. 16 § 1 (part), 1982)
3.28.320400 and 410Business Llicense amounts fees based on vehicle weight Persons
without fixed place of business in city.
Every person not having a fixed place of business within the city and not being otherwise licensed or
classified in this chapter, who delivers any product or service by the use of vehicles in the city,
except taxicabs and passenger carriers except general and special construction contractors, shall
payfor abusiness license fee as follows:
A.Delivers any product or service in the city by the use of vehicles amounts based on vehicle
weight as follows:
Capacity: Rate per Vehicle:
Not exceeding one-half (½) ton $15.00
One-half (½) to two (2) tons $25.00
Over two (2) ton to three (3) tons $50.00
Over three (3) tons $75.00
B.Operates a mobile or occasional business flat rate based on type of use as follows:
1.Advertising.
A. Billboards, signs not fixed on places of business: $100.00 per structure or sign.
Ba. Distributing handbills: $100.00 annually, or $50.00 monthly, or $25.00 daily.
Cb. Sound trucks: $200.00 annual fee per truck, or $50.00 daily fee per truck.
Dc. Klieg lights: $150.00 per year per light, or at licensee's option, $15.00 per day per
light.
2.Auctioneers. Auctioneers not having a fixed place of business in the city, $250.00 per year,
or at the option of the licensee, $25.00 per day.
3.Carnivals, Fairs. $200.00 for the first day and $150.00 for each additional day, for the first
ten or fewer concessions; plus $30.00 for the first day and $20.00 for each additional day for
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each concession in excess of ten. For the purpose of this section, concession shall be any
amusement ride, booth, exhibit, stall, tent, trailer, or stand which charges any fee for the
ride, service or product offered.
4.Circuses. $200.00 per day.
5.Commercial Filmingand Still Photography. On city streets or other city property, as follows:
Persons Employed at Location: Rate per Day:
1-3 $100.00
4-6 $200.00
7-9 $400.00
10 and over $600.00
Traffic-control costs or any additional costs as required by the chief of police shall be paid
entirely by the applicant.
6.Contractors and subcontractors. Every person engaged in the business of contracting which
requires a state contractors' license shall pay a business license as follows:
Aa. General contractors, $100.00 annually fee;
Bb. Subcontractors, $50.00 annually fee;
Cc. Business licenses for general contractors and subcontractors may be obtained semi-
annually for half the annual rate.
7.Peddlers or Solicitors.
a. Principal, $200.00 annually;
b. Each additional solicitor or peddler, $10.00 quarterly.
8. Sales Representatives.Every person engaged in the business of solicitor of order for sales or
services by a nationally franchised business (such as AVON) wherein solicitation only occurs
by previous appointment shall pay a business license fee of $25.00 per year.
Every person not having a fixed place of business within the city who engages in business within the
city and is not subject to the provisions of this section, such as consultants or others providing a
professional service, shall pay for abusiness license fee at the same rate prescribed in this chapter
for persons engaged in the same type of business from and having a fixed place of business within
the city.Any person not having a fixed place of business within the city and subject to a business
license rate based on gross receipts shall calculate gross receipts in accordance with Section
3.28.010(D) and provide statements in accordance with Section 3.28.220.
3.28.330 390 and partial 410License fees based on use and gross receipts-Persons with fixed
place of business in city.
A. Passive-type businesses flat rate based on type of use as follows:
1.Billboards. Signs not fixed on places of business: $100.00 per structure or sign per year.
2. Living Accommodations. Every person transacting or engaged in the rental of four or more
dwelling units in any apartment house, rooming house, houses for rent, or other living
accommodations shall pay an annual fee of $12.00 annually per unit, provided that hotels
and motels shall be on the gross receipts basis, Class B.
3.Mobile Home, Trailer, and Recreational Vehicle Parks. $12.00 per space per year.
4.Coin-operated machines. Every person operating one or more vending machine, coin-
operated amusement device, shuffleboard, juke box, electronic game or other similar device,
shall pay for abusiness license fee based on the entire gross receipts from all of such
machines operated within the corporate limits of the city in accordance with the schedule
set forth in Section 3.28.330subsection B, Class B.
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B. Every person who engages in business at a fixed place of business within the city shall pay for a
business license fee based upon gross receipts at the following rates and in the following
classifications:
Gross Receipts Range Rate Class A Rate Class B Rate Class C
0 25,000 15.00 18.00 21.00
25,001 50,000 25.00 30.00 36.00
50,001 100,000 30.00 36.00 43.00
100,001 250,000 46.00 55.00 66.00
251,000 500,000 76.00 90.00 108.00
500,001 750,000 114.00 135.00 162.00
751,000 1,000,000 150.00 180.00 216.00
1,000,001 2,000,000 400.00 500.00 600.00
2,000,001 3,000,000 500.00 625.00 750.00
3,000,001 4,000,000 600.00 750.00 900.00
4,000,001 5,000,000 700.00 875.00 1,050.00
5,000,001 10,000,000 1,000.00 1,250.00 1,500.00
10,000,001 and up 1,500.00 1,875.00 2,250.00
CLASSIFICATIONS
Class A
Automobile repair,servicesand gas stations
Home-based food and/or beverage businesses, for profit
Laundry, dry cleaning, and garment services
Manufacturing not listed in Classes B or C
Retail trade not listed in Classes B or C
Wholesale tradenot listed in Classes B or C
Class B
Amusement and recreation services, including motion pictures
Architectural anddesignservices
Automotive sales
Barbers and hairstylists
Beauty shops and nail salons
Childcare providers
Cleaning services
Coin-operated and vending machines
Engineering services
Hotels and motels
Landscape and horticultural services
Maintenance and handyman services
Operators, renters, and lessors of commercialand residential property
Restaurants and eating and drinking establishments
Secretarial and notarial services
Services to buildingsand pools
Storage facilities
All other persons engaged in business not specifically listed elsewhere in this chapter
Class C
Accounting, auditing, and bookkeeping services
Consultants and other professional service providers
Financial services
Insurance brokers and services
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Legal services
Managementservicesand public relations services
Medical and health services,including eldercare, massage and personal trainers
Real estate agents, brokers, managers, and services, including property management
Travel consultants and travel services
3.28.340 Taxicabs and passenger carriers.
A. All passenger carriers described in section 5.40.010 subsection A and subject to chapter 5.40
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.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, or both, then all passenger
carriers described in section 5.40.010 subsection A and subject to chapter 5.40 shall remain subject
to and governed by all ordinances, resolutions, regulations, and other official actions then in place,
including the provisions for the annual business license amounts for t
taxicab vehicles, set by Sunline Transit Agency and Sunline Services Group, except that the city shall
be the governing agency with jurisdiction over the passenger carriers.
B. In the event that passenger carriers described in section 5.40.010 subsection A are found, by
any governmental entity with competent jurisdiction, to no longer be subject to and governed by
the ordinances, resolutions, regulations, and other official actions then in place by Sunline Transit
Agency and Sunline Services Group at the time the city becomes the governing agency pursuant to
subsection A of this section, then notwithstanding any other provision in this code, the annual
business license amounts shall be the fees
originally adopted by La Quinta Ordinance No. 31, which are:
1.
2. Taxicab vehicles, per vehicle, $25.00 annually
3.28.350 430 Waiver or reduction of taxes or penalties by city council.
The city council, for good and satisfactory cause shown, may order the issuance of a business
license for less than the chargefees herein provided or without any the payment of any fee
whatsoever. (Ord. 31 § 1 (part), 1983; Ord. 16 § 1 (part), 1982)
3.28.360 440 Rules and regulations.
The collector may make such rules and regulations not inconsistent with the provisions of this
chapter as may be necessary or desirable to supplement or clarify such provisions or aid in their
enforcement. Such rules and regulations shall be known as BUSINESS LICENSE RULES AND
REGULATIONS, shall be placed in written form and numbered consecutively, and shall be approved
by the city attorney before becoming effective. A copy of each such BUSINESS LICENSE RULES AND
REGULATIONS shall be filed with the city manager and with the city clerk. (Ord. 31 § 1 (part), 1983;
Ord. 16 § 1 (part), 1982)
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Delete this Chapter. It has been incorporated into 3.12 PURCHASES AND CONTRACTS
Chapter 3.30 PUBLIC WORKS CONTRACT
3.30.010 Solicitation and selection criteria.
A. Contracts for public works projects, asdefined in Section 20161 of the California Public
Contract Code, shall be awarded to the lowest responsible bidder.
B. The city council may, by resolution, prescribe specific procedures and rules governing
the solicitation of bids and award of contracts for public works projects. (Ord. 315 § 4
(part), 1998)
3.30.020 Solicitation and selection for major public works projects.
A. Bids shall be solicited by invitation published in a generally recognized source of local
public works contract information.
B. Bids shall be publicly opened and announced at a time and place stated in the published
invitation for bids.
C. Contracts shall be awarded by the city council. (Ord. 315 § 4 (part), 1998)
3.30.030 Solicitation and selection for minor public works projects.
A. Bids shall be solicited by written or verbal invitation or as specified in Section 3.30.020A,
or a combination thereof, and shall obtain, whenever feasible, at least three competitive
bids.
B. The city council may by resolution authorize the award and execution of contracts by
the city manager and department directors.
C. The department administering the contract shall keep written records of proposals and
contracts for a period of one year following the award of contract. (Ord. 315 § 4 (part),
1998)
3.30.040 Contract incentives.
Contracts for public works projects may include monetary or other incentives for superior
performance or early completion of the work. (Ord. 315 § 4 (part), 1998)
3.30.050 No prevailing wage requirement.
The city shall impose no prevailing wage requirement. (Ord. 315 § 4 (part), 1998)
3.30.060 Applicability of other state contract code requirements.
With the exception of local procedures and rules set forth in this chapter and resolutions
adopted pursuant thereto, public works projects shall conform with state requirements for
public works projects. (Ord. 315 § 4 (part), 1998)
3.30.070 Exceptions to the procedures prescribed in this chapter.
A. Contracts utilizing funding or other participation from agencies which require
conformance with state, federal or other contracting regulations shall be exempt from
provisions of this chapter, and any resolutions established pursuant thereto, which
would jeopardize the availability of the funding or participation.
332
B. Solicitation of bids for design/build projects may be by direct invitations to qualified
contractors. Selection of firms for such projects may consider the quality of the services
offered. In all other respects the solicitation, selection and award of contracts for
design/build projects shall conform with the provisions of this chapter.
C. The city council may authorize the award and execution of contracts for public works
projects without competitive bidding provided that such award is in the best interest of
the city or of the public health, safety and welfare.
D. The city manager may authorize the solicitation, selection, award, and execution of
contracts for public works projects by the most expeditious method where time is of the
essence to prevent an emergency lack of critically needed services. If the contract is for
a major public works project, it shall be submitted for ratification at the next regular city
council meeting.
E. The city council may, by resolution, establish local-contractor preference advantages
in the award of contracts for public works projects. (Ord. 315 § 4 (part), 1998)
333
Delete this chapter. It has been incorporated into
3.12 PURCHASES AND CONTRACTS
Chapter 3.32 SERVICE CONTRACTS
3.32.010 Solicitation and selection criteria.
A. Solicitation and selection of professional services of private architectural, landscape
architectural, professional engineering, environmental, land surveying, and construction
project management firms shall be on the basis of demonstrated competence and on
the professional qualifications necessary for the satisfactory performance of the services
required and on fair and reasonable prices. Where the city manager or department
director determines that the particular services required are of a technical nature and
involve little professional judgement, solicitation and selection shall comply with
subsection B of this section.
B. Solicitation and selection of firms for services other than those specified in subsection A
of this section shall be on the basis of the most advantageous proposal after
consideration of qualifications, demonstrated competence, cost, delivery time, and
other factors.
C. The city council may, by resolution, prescribe specific procedures, rules and regulations
governing the solicitation and selection of firms. (Ord. 315 § 5 (part), 1998)
3.32.020 Contracts for major services.
A. Solicitation of firms shall be by written or published requests for competitive proposals.
B. Proposals shall be reviewed and ranked by a selection committee composed of
members competent to judge the qualifications of firms for the category of services to
be provided.
C. Contracts shall be awarded by the city council. (Ord. 315 § 5 (part), 1998)
3.32.030 Contracts for minor services.
A. Solicitation of firms shall be by verbal, written or published requests for, whenever
feasible, at least three competitive proposals.
B. The city manager or department director may review and rank proposals.
C. The city council may by resolution authorize the award and execution of minor contracts
by the city manager and department directors.
D. The department administering the contract shall keep written records of proposals and
contracts for a period of one year following the award of contract. (Ord. 315 § 5 (part),
1998)
3.32.040 Contract incentives.
Service contracts may include monetary or other incentives for superior performance or
early completion of the services rendered. (Ord. 315 § 5 (part), 1998)
3.32.050 Exceptions to the procedures prescribed in Sections 3.32.010 to 3.32.030.
A. Contracts utilizing funding or other participation from agencies which require
conformance with state, federal or other contracting regulations shall be exempt from
334
provisions of this chapter, and any resolutions established pursuant thereto, which
would jeopardize the availability of the funding or participation.
B. Solicitation and selection of firms and award of contracts for public works design/build
projects shall not be subject to the provisions of this chapter.
C. The city council may authorize award and execution of service contracts with no
competitive proposals where experience with the proposed service provider has
demonstrated competence and satisfactory performance or in the renewal or
renegotiation of existing contracts for continuing services.
D. The city manager may authorize the solicitation, selection, award, and execution of
service contracts by the most expeditious method where time is of the essence to
prevent an emergency lack of critically needed services. If the contract is for major
services, it shall be submitted for ratification at the next regular city council meeting.
(Ord. 315 § 5 (part), 1998)
335
336
337
338
339
340
RESOLUTION NO. 2015 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, ADOPTING A PURCHASING AND
CONTRACTING POLICY
WHEREAS,
purchasing and contracting policies provide a guideline to city
employees for purchasing and contracting for goods, services and projects to support,
enhance and supplement city operations, and
WHEREAS,
purchasing and contracting policies provide transparency and
consistency, and
WHEREAS,
purchasing and contracting policies enable the Finance department
to maintain a system of financial controls for the efficient use and expenditure of
public funds.
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of La Quinta,
California, as follows:
SECTION 1. The purchasing and contracting policy attached hereto as Exhibit A and
incorporated herein by reference shall govern the purchase of city supplies, goods,
equipment, services and construction projects.
SECTION 2. This policy, as applicable, shall constitute the procedures and rules
governing the solicitation of bids and award of contracts for public works projects
pursuant to Chapter 3.12, and shall constitute the procedures and rules governing the
solicitation and selection of firms for services pursuant to Chapter 3.12, of the La
Quinta Municipal Code.
SECTION 3. Resolution Nos. 2005-095 and 2006-096 are hereby repealed. This
Resolution supersedes and replaces Resolution Nos. 2005-095 and 2005-096.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of this Resolution which can be given effect without the
invalid provision or application, and to this end the provisions of this Resolution are
severable. The City Council hereby declares that it would have adopted this Resolution
irrespective of the invalidity of any particular portion thereof.
SECTION 5. This Resolution shall become effective on the same day Ordinance No. ___
becomes effective.
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PASSED, APPROVED,ADOPTED
and at a regular meeting of the La Quinta City
Council held on this day of September 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
________________________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
_______________________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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EXHIBIT A
CITY OF LA QUINTA, CALIFORNIA
PURCHASING AND CONTRACTING POLICY
I. GENERAL RULES; EXCEPTIONS.
This Purchasing and Contracting Policy (Policy) shall apply for the solicitation and selection of
all purchases and contracts within the City of La Quinta (City). Any exceptions to this Policy
must be approved by the City Council. The City Council may, by majority vote and in
accordance with its fiduciary responsibilities, approve expenditures of any amount, for any
length of term, not otherwise inconsistent with any applicable law.
II. EXPENDITURE CATEGORIES
Purchases, which include those made by purchase order (PO), written agreement, or
change order that require city expenditures, are classified into five categories based
on the anticipated expenditure amount. Each category establishes an authorization
level, procurement method, and maximum term, which shall apply unless specifically
exempted in accordance with this Policy.
A.Expenditures of $100 or less (petty cash)
B.Expenditures of $101 to $5,000 (operational)
C.Expenditures of $5,001 to $15,000 (minor)
D.Expenditures of $15,001 to $50,000 (intermediate)
E.Expenditures over $50,001 (major)
A.EXPENDITURES OF $100 OR LESS
Authorization: Department Director, who may delegate to a department manager
Procurement: No bids or PO necessary; petty cash advances or reimbursement
Term Limit: na
Note: These transactions take the place of ordinary ongoing purchases and shall
be limited in use.
1
B.EXPENDITURES OF $101 to $5,000 DURING THE INITIAL TERM
Authorization: Department Director, who may delegate to a department manager
2
Procurement: No PO necessary; 3 informal bids/proposals whenever possible
Term Limit: 3 years plus one 3-year extension
For purposes of this Policy, the Initial Term shall be either (i) a term under the contract or PO not to exceed one
year, or (ii) a term longer than one year but not to exceed the maximum number of years authorized under a Term
Limit (set forth below) as long as the contract includes a continuing obligation for performance by a contracting
party and the City has an obligation for payment only for the services actually performed and accounted for by
invoice or other monthly or regular periodic documentation acceptable to the City. Under any contract or PO, either
the contracting party or City may terminate the contract or PO prior to the expiration of the Initial Term for the
other partys nonperformance.
2
Informal bid/proposal means verbal or written, via telephone, e-mail or other casual medium.
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C.EXPENDITURES OF $5,001 to $15,000 DURING THE INITIAL TERM
Authorization: Department Director
Procurement: PO required plus 3 written informal bids/proposals
Term Limit: 3 years plus one 3-year extension
D.EXPENDITURES OF $15,000 to $50,000 DURING THE INITIAL TERM
Authorization: City Manager
3
Procurement:
PO plus 3 written informal bids/proposals plus city contract
Term Limit: 3 years plus one 3-year extension
E.EXPENDITURES OVER $50,000
Authorization: City Council
Procurement: PO required plus formal bids/proposals plus city contract
Term Limit: no limit, any term approved by majority vote of the City Council
III. PROCUREMENT PROCEDURES - MAJOR EXPENDITURES (over $50,000)
A. FORMAL BIDS FOR MAJOR PUBLIC WORKS PROJECTS AND MAJOR SUPPLIES AND
EQUIPMENT PURCHASES
. Major public works projects and supplies and equipment as
referenced in Chapter 3.12 of the La Quinta Municipal Code, are defined as purchases
and projects having an actual or estimated value of greater than fifty thousand dollars
($50,000). The solicitation and selection of bids and award of contracts shall comply
with Section 3.12.030 of the La Quinta Municipal Code (public works contracts), and
this Policy, and shall be administered through each City Department, according to the
following procedures:
1.Invitation for bids. An invitation for bids (the invitation) shall be published in a
newspaper, electronic bulletin board, World Wide Web site, or other generally-
recognized source of local public works contract information, at least ten days
prior to the date of the opening of bids. Invitations shall include general
descriptions of the work to be performed, the time and place of the opening of
bids, the place where bidders may obtain bid documents, the amount of bid
security required, and the amount and nature of performance and labor
materials security that will be required.
3
The citys templates for contracts, agreements and change orders shall be used for category D and E purchases. The
City Manager may allow for modifications of these templates or use of other contracts, agreements, and change
orders, or may require use of city templates for category B and C purchases when the City Manager determines it is
prudent due to the level of risk exposure to the city, the need to spell out a complex scope of work, or any other
reason s/he believes to be in the best interest of the city. To meet prevailing wage requirements any maintenance or
repair project over $15,000 or construction project over $25,000 will require a written contract.
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2.Form of bids. Bids conforming to the requirements of the invitation shall be
submitted to the Department Director (the Director) in sealed packages or by
other means which will prevent the divulging of bids prior to the stated time for
opening of bids, all as specified in the invitation or the bid documents. Unopened
bids should be clearly marked or otherwise identifiable as bids for the project to
which they apply.
3.Bid security for public works projects. Bids for public works projects shall be
accompanied by cash, cashiers check, certified check, surety bond, or other form
of security stated in the invitation or bid documents, in a sum equal to ten
percent (10%) of the amount of the bid.
4.Opening of bids. At the time and place stated in the invitation, the bids shall be
publicly opened and announced. The bid amounts shall be tabulated and the
tabulation shall be available for public inspection at the Public Works Department
during regular business hours for a period of not less than thirty (30) calendar
days after the bid opening.
5.Review of bids. The Director shall review all bids received for completeness,
accuracy, responsiveness to the invitation and the bid documents, and the Citys
experience with or knowledge of the qualification and reliability of each bidder
and shall prepare a recommendation to the City Council. Written amounts shall
take precedence over associated numeric amounts. Mathematical errors, if
found, shall be corrected and shall not disqualify a bid. The corrected total shall
be the bid amount considered in determining the lowest responsible bidder and
shall be the contract amount awarded if the bid is selected.
6.Award of contract. Contracts shall be awarded by the City Council to the lowest
responsible bidder. Determination of the lowest responsible bidder shall be at the
sole discretion of the City Council pursuant to findings and recommendations
presented by the Director at the time of the award of contract.
7.Equal bids. If two or more equal low bids are received, the City Council may
award the contract to any one of the equal low bidders.
8.No bids. When no bids are received from responsible firms, the City Council may
accomplish the project in any manner it sees fit.
9.Rejection of bids. The City Council may reject any or all bids presented and may
then direct that the project be re-advertised, may authorize negotiation of a
contract with one or more responsible firms, or may resolve that the project can
be performed more economically by City forces, day labor, time and materials
contract, or other method.
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10.Execution of contract. The successful bidder shall execute the contract and
furnish required performance security and labor and materials security when
required pursuant to the bid document.
11.Forfeiture of bid security for public works projects. If the successful bidder fails to
execute the contract and furnish security within the stated time, and said failure
is not primarily due to actions or omissions of the City or to acts of god, the
bidder shall forfeit the bid security provided. The City Council may then consider
the bid of the next lowest responsible bidder.
12.Release of bid security for public works projects. Bidders are entitled to the
return of their bid security unless forfeited as provided herein. The City shall
retain all bid security until a contract has been executed or until the City Council
rejects all bids at which time all bid security not forfeited shall be returned to the
appropriate bidders.
13.Disposition of forfeited bid security for public works projects. The City shall retain
forfeited bid security until a contract is awarded to another firm or the project is
cancelled. The City shall retain an amount equal to the difference between the
forfeiting firms bid and the new contract amount, if any, and an additional
amount equal to administrative and other costs incurred as a result of the failure
of the forfeiting bidder to enter into a contract and provide required security, and
shall return any remaining amount of the bid security to the forfeiting bidder.
14.Performance security and labor and materials security for public works projects.
The bidder to whom the contract is awarded (the successful bidder) shall
furnish performance security and labor and materials security in amounts
specified in the Invitation or Bid Documents.
B. FORMAL PROPOSALS FOR MAJOR PROFESSIONAL AND TECHNICAL SERVICES
.
Major professional and technical services are defined as services having an actual or
estimated value of greater than fifty thousand dollars ($50,000). The solicitation and
selection of proposals and award of contracts shall comply with Section 3.12.020 of
the La Quinta Municipal Code (service contracts), and this Policy, and shall be
administered through each City Department, according to the following procedures:
1.The City Manager shall approve the preparation and release of all Requests for
Proposals (RFP) and Requests for Qualifications (RFQ).
2.City staff shall determine, based on professional judgment, whether an RFP or an
RFQ process best suits its needs and City staff, or a city-authorized consultant,
shall prepare the RFP/RFQ document.
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3.City staff, or a city-authorized consultant, or both shall prepare a list of suitable
firms from known registries, professional organizations, and/or any other source.
4.City staff shall issue the RFP/RFQ to suitable firms, and may also advertise for
competitive proposals.
5.City staff shall form a selection committee, which may include private
consultants, to review the RFPs/RFQs received, and the selection committee may
conduct interviews and/or hold discussions with proposing firms.
6.The selection committee shall rank the proposing firms according to the criteria
specified in LQMC Section 3.12.020 (service contracts) and City staff shall notify
firms of their position in the ranking. For design-build projects, the selection
committee may also take into account the criteria for selection of public works
contacts specified in LQMC Section 3.12.030.
7.City staff, or a city-authorized consultant, shall negotiate with the top-ranked
firm to arrive at mutually-acceptable contract terms.
8.City staff, or its authorized consultant shall terminate negotiations and begin
negotiations with the next-ranked firm if an agreement cannot be reached and
continue this process until negotiations are successfully concluded or until the
list of qualified firms submitting proposals is exhausted and an agreement
cannot be reached.
9.The City Council shall award or reject the contract negotiated by City staff.
IV. PROCUREMENT PROCEDURES NON-MAJOR EXPENDITURES ($50,000 & under)
INFORMAL BIDS OR PROPOSALS - Intermediate, Minor, and Operational Expenditure
category projects, including minor public works projects, supplies, goods, equipment
and minor services as referenced in Chapter 3.12 of the La Quinta Municipal Code, are
defined as projects having an actual or estimated value of fifty thousand dollars
($50,000) or less. The solicitation and selection of bids and award of contracts shall
comply with Section 3.12.030 of the La Quinta Municipal Code (public works projects),
Section 3.12.020 of the La Quinta Municipal Code (service contracts), and this Policy,
and shall be administered through each City Department, according to the following
procedures:
1.Informal bids shall be obtained verbally or in writing as dictated by this Policy
from the open market and a written record of informal bids shall be kept with the
related PO.
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2. Bid security. Security and labor and material security shall conform to the
requirements for major public works projects but may be modified or waived by
the City staff person authorized to make the purchase if warranted and in the
best interest of the City.
3. Execution and Award of Contracts. The City Council may award contracts, or the
City Manager or designated City Director or staff personnel, set forth in
Categories A, B, C or D of Section II above, may award and execute contracts and
may waive competitive bidding requirements if in the best interest of the City,
provided there are unencumbered appropriations in the fund accounts against
which the expenses are to be charged.
V. EXEMPTION TO ANY PROCUREMENT METHOD
Justification for exemption to any required procurement method may be submitted to
the City Manager or in the case of a major expenditure, to the City Council under the
following circumstances:
a.Sole-source or select-source purchase.
Acquisition of brand name to insure compatibility with other city products
and equipment. For example standardization of fleet inventory (select-
source).
Change orders - additions to an original scope of work when the original
source is the only reasonable one to provide the additional goods,
construction work or service needed (select-source).
Only one manufacturer or vendor makes and/or sells the required
equipment (sole-source).
b.State, County, or other public agency cooperative purchasing program or
contracts utilizing funding or other participation from agencies which require
conformance with state, federal or other contracting regulations.
c.Emergency purchases made necessary by an immediate threat to life or
property or a substantial disruption of a vital public service.
d.The awarding officer(s) may waive irregularities in formal or informal bids
received provided that it is in the best interest of the city to do so, and it does
not result in unfair advantage to any bidder.
e. The City Council may authorize the award and execution of contracts without
competitive bidding provided that such award is in the best interest of the City,
or of the public health, safety and welfare.
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VI. CITY CREDIT CARD USE
A. Authorization and Acknowledgement.
Approval to use, issue and revoke a City
credit card is at the discretion of the City Manager. Unless otherwise authorized by
the City Manager, City credit cards shall have a credit limit of $5,000. The City
Manager shall have the authority to set credit limits on a case by case basis up to
$25,000.
City credit cards shall be kept by the Finance Department and/or City Managers Office
for safekeeping and prudence. Users, authorized by the City Manager (Authorized
Users) must be City employees. Authorized Users may check credit cards in and out
as necessary. All credit cards shall be returned to Finance or the City Managers Office
in a timely manner after use.
The Finance Department requires Authorized Users to sign a User Agreement
acknowledging his/her understanding of the policies and procedures for the use of the
City credit card and acknowledging the receipt of the credit card.
B. Appropriate City Credit Card Use.
City credit cards may be used for the following:
1. Traveling on City business;
2.Purchasing goods and services from vendors where use of a check is not practical,
such as the case with many internet purchases in which no actual store front
exists;
3.Securing reservations and locations for various City activities, meetings and
conference fees, community events, honoree luncheons, marketing promotions,
and sales missions;
4.Paying for meals in conjunction with official City business such as meetings with
City Council, developers, or consultants.
C. Inappropriate City Credit Card Use.
The credit card shall not be used for the
following:
1.Cash advances, money orders, wire transfers, etc.;
2.Routine gasoline purchases;
3.Alcoholic beverages;
4.Long-term rentals or lease agreements;
5.Heavy-duty machinery that requires a maintenance agreement;
5. Use of the City credit card is not intended to replace effective procurement
planning which enables volume discounts or to circumvent established competitive
purchasing procedures. This means no purchases for goods or services should be
made that would otherwise require competitive bidding;
6. Employees shall not use City credit cards for personal expenses. Charging personal
items, services, entertainment or expenses of any kind on City cards is a misuse of
City funds and a serious breach of Citys ethics policy. Doing so will result in
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disciplinary action, up to and including termination. Employees should use care in
selecting between using their business and personal credit cards.
D. Travel, Meetings, & Conferences.
The uses of the City credit card for travel, local
meetings, and conference shall at all times comply with the standards and practices
set forth within the City travel and meeting policy. All credit card charges must be
supported by detailed charge receipts and submitted on an expense report within five
(5) days of return from a business trip to the Finance Department.
E. Obtaining Goods and Services.
Authorized purchases may be made in person, via
approved internet site, or by telephone. Authorized Users must require vendors to
itemize the receipt/invoice. An itemized receipt/invoice consists of the following
information:
Date of purchase
Detailed description of goods or services purchased
Price per item
Amount of sales tax and total amount
Shipping charges, if any
Upon completing the credit card transaction, the employee shall submit the itemized
receipt with appropriate account numbers to the Finance Department.
F. Monthly Statement.
At the end of a billing cycle, the Finance Department will
provide to Authorized Users a statement showing all transactions made during the
billing cycle for which receipts/invoices have not already been turned into the Finance
Department. Authorized Users are responsible to review and reconcile monthly credit
card statements. Once reconciled, the Authorized User will attach the supporting
detailed charge receipts and related invoices to the monthly credit card statement
and turn it into the Finance Department within two (2) working days of receipt.
Falsification of receipts will subject the employee to disciplinary action, up to and
including termination of employment. The Finance Director reserves the right to
review each credit card statement and determine if the expenses were purchased in
accordance with the City policy.
G. Disputed Charges.
Authorized Users are responsible for ensuring that the vendor,
the issuing bank, and the Finance Director are notified immediately of any disputed
charges. Authorized Users will be responsible for resolving the disputed charge
directly with the credit card company.
H. Timely Payment.
Based on the statement cycle date, the Finance Department will
ensure timely payments. Credit card charges will be paid once reconciled by the
Authorized Users and approved by the Finance Department.
To avoid late fees and finance charges, the Finance Department reserves the option to
pay all credit card charges, even if supporting documentation is not yet received.
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When subsequently received, the supporting documentation will be retroactively
reconciled to the payment.
I. Lost or Stolen Cards.
Authorized Usersare responsible for ensuring that the
issuing bank and the Finance Department are notified immediately if the card is lost or
stolen. Failure to do so may result in holding the Authorized User responsible for any
fraudulent use of the card.
K. Disciplinary Action.
The City Manager is responsible for all disciplinary action
surrounding misuse of cards, including cancellation of card privileges.
L. Surrender upon Request or Separation.
The credit card will be immediately
surrendered upon separation from City employment, retirement, termination or upon
request of the City Manager. Use of the credit card for any purpose after its surrender
is prohibited.
351
352
RESOLUTION NO. 2015 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, ADOPTING A SURPLUS PROPERTY
AND EQUIPMENT POLICY
WHEREAS, purchasing, contracting, grant acceptance, and disposal policies
provide a guideline to City employees for the purchase and acceptance of goods,
services and funds used to supplement city operations, and for the disposal of goods
that are no longer needed or unusable; and
WHEREAS, purchasing, contracting, grant acceptance, and disposal policies
provide transparency and consistency; and
WHEREAS, purchasing, contracting, grant acceptance and disposal policies
enable the Finance Department and the City Manager to maintain a system of
financial controls for the efficient use, expenditure and disposal of public funds and
property; and
WHEREAS, the ability to sell, auction, donate or transfer surplus property that is
no longer in use by the City of La Quinta is an act that is taken solely for the common
benefit of the City and its citizenry.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta,
California, as follows:
SECTION 1. The Surplus Supplies and Equipment Policy attached hereto as Exhibit A
and incorporated herein by reference shall gove
property (excluding real property) in a manner that is for the common benefit,
whether it be through transfer, sale, auction, disposal, or donation.
SECTION 2. This Policy, as applicable, shall constitute the procedures and rules
governing the disposal of all of the -real, surplus property pursuant to
Chapter 3.12of the La Quinta Municipal Code.
SECTION 3. Severability.If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of this Resolution which can be given effect without the
invalid provision or application, and to this end the provisions of this Resolution are
severable. The City Council hereby declares that it would have adopted this Resolution
irrespective of the invalidity of any particular portion thereof.
SECTION 4. This Resolution shall become effective on the same day Ordinance No. ___
becomes effective.
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Adopted: __, 2015
Page 2
PASSED,APPROVED, and ADOPTED at a regular meeting of the La Quinta City
Council held on this ____ day of September 2015, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
2545/015610-0002
-2-
8631213.4a09/03/15
354
EXHIBIT A
CITY OF LA QUINTA, CALIFORNIA
SURPLUS SUPPLIES AND EQUIPMENT POLICY
SECTION I. Purpose.
disposition of surplus personal property, equipment and materials, pursuant to the
power granted onto the City Council pursuant to Article 1 of the Charter of the City of
La Quinta, and Chapter 3.12 of the La Quinta Municipal Code.
SECTION II. Definitions.
(1)
(2) T exempt
under Section 501(c)(3) of the United States Internal Revenue Code, or successor
statute.
(3)
agency or subdivision thereof, including any city, county, special district, or school
district.
(4) ein is used generically to describe any City
personal property, equipment or material that is no longer needed or usable by the
holding department. For purposes of this policy, all surplus property including
scrap, recyclables, trash, and/or junk disposed, discarded or abandoned on City
premises, including all surplus property placed in storage or collection containers
of any kind, is hereby deemed to be City property and not property of any City
or any interest in real
property.
(5)
transferring discarded surplus property, including scrap or recyclables, to a vendor
for use, salvage or resale.
(6) as used herein refer to surplus property that (a)
after treatment or processing.
(7)
practical salvage or recyclable value.
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Adopted: __, 2015
Page 2
SECTION III. Methods of Transfer and Disposition.
or representation of any kind, expressed or implied, as to the condition, utility or
usability of the property offered unless expressly authorized by the City Council.
(1) Transfer to Another Department. Surplus property may be transferred between
City departments.All surplus property will first be considered for transfer for the
benefit of the city.
(2) Trade-In. Property declared as surplus may be offered as a trade-in for credit
toward the acquisition of new property.
(3) Return to Manufacturer. Surplus property may, when possible, be returned to the
manufacturer for buy-back credit.
(4) Donation.Surplus property may be donated or sold at less than estimated value to
any public agency or nonprofit organization.
(5) Sale and Disposal. Appropriate methods of sale and disposal are as follows:
(a) Auction. Surplus property may be sold at public auction. Auctions may be
conducted by City staff, or the City may contract with a professional auctioneer
or electronic auction site.
(b) Sealed Bids. Sealed bids may be solicited for the sale of surplus property.
Surplus property disposed of in this manner shall be sold to the highest
responsible bidder, and the procedure for soliciting and awarding by sealed bid
shall follow the procedure for bidding public works contracts as established by
the City Council.
(c) Scrapping. Surplus property may be sold, auctioned, recycled, donated, or
discarded as scrap if the value of parts exceeds the value
of the surplus property as a whole.
(d) No Value Item. Where the property is of minimal or no value to the City due to
spoilage, obsolescence or similar reason, or where the cost of disposal of such
surplus property would exceed the recovery value, the surplus property may be
sold or disposed in such a manner as appropriate and in the best interest of the
City.
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Resolution No. 2015-
Surplus & Equipment Policy
Adopted: __, 2015
Page 3
SECTION IV. Procedures.
Consistent with California Government Code Section 37350, the City Council sets forth
the policy of the City for disposal or destruction of surplus property.
(1) City Council- and City Manager-Directed Transfers and Dispositions. Transfers and
dispositions of surplus property. Consistent with the methods in Section III above,
are hereby authorized according to the following:
a. Property with an Estimated Market Value Exceeding $500. Once a department
head has identified surplus property, the transfer or disposition of surplus
property with an estimated market value exceeding $500 per item shall be
determined by the City Council pursuant to a specific agenda item on an
agenda for a regular or special City Council meeting.
b. Property with an Estimated Market Value of $500 or Less. Once a department
head has identified surplus property, the City Manager may direct the transfer
and disposition of such surplus property with an estimated market value of
$500 or less per item.
(2) Identifying and Valuing Surplus Property. Each department head is responsible to
identify surplus property regularly.
(a) Each department head will evaluate the operational status of the surplus
property and notify the Finance Director in writing.
(b) The Finance Director will circulate the surplus property notification between the
other departments within the City.
(c) The department head from which the surplus property originates will determine
the estimated market value of the surplus property and recommend the most
fiscally advantageous method of disposal.
(d) In determining the estimated market value, the department head shall
document the methods used to make such determination including tools such
as Kelly Blue Book, classified advertisements, and vendors in the United States
with similar products available.
(e) The estimated market value will consider a computation of expenses
associated with the disposal of surplus property. These expenses may include
advertising, auction costs, storage and other costs.
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Resolution No. 2015-
Surplus & Equipment Policy
Adopted: __, 2015
Page 4
(3) Accounting for the Disposition of Surplus Property. It is critical to maintain all
documentation for audit purposes regarding the disposition of surplus property.
(a) Notice to Finance Director. Notification will be provided to the Finance Director
in writing of any transfer or disposal of surplus property to a different location
or department.
(b) Proceeds from Transfer and Disposition of Property. When so authorized to
transfer, sell, dispose, donate, recycle, or scrap surplus property by the City
Council or the City Manager pursuant to this policy, the employee directed to
undertake such activity shall remit the entire proceeds from any such activity to
the Finance Director by check or money order made payable to the City of
La Quinta, and shall be deposited into the general fund or, if required by law,
deposited into a special purpose fund, of the City.
(c) Notification and Documentation. The department head will notify the Finance
Department in writing of the disposition of all surplus property and attach all
supporting documentation, including the records required by this policy.
(d) Transfer of Ownership and Title. Delivery of the surplus property together with
transfer of ownership and title passes upon receipt of the proceeds. The
Finance Director shall cause licenses and title documents to be executed and
transferred upon verification of receipt of funds.
(e) Inventory Adjustment. The Finance Department shall make adjustments to the
inventories/assets lists showing the disposition of surplus property.
(f) Recordkeeping. Copies of all records documenting the surplus property process
will be kept on file with the Finance Department for so long as records are to be
(4) Personal Scrapping, Recycling or Disposal of Trash or Junk (Unauthorized). It is the
policy of the City that no employee may engage in any sale, scrapping or recycling
or other transfer or disposal of surplus property, unless specifically directed to
engage in such activity by the City Council or the City Manager who have been
lawfully and duly authorized and designated to direct such activity pursuant to this
policy. Transferring, selling, donating, scrapping, recycling or disposing of surplus
property, regardless of monetary value, by City employees for personal gain or to
benefit the interest of any person or party other than the City, is strictly forbidden.
(5) Surplus Property and Employees. City officials and employees shall be allowed to
be the purchasers or direct recipients of any surplus property of the City, on the
condition that they acquire the surplus property according to this Policy.
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Resolution No. 2015-
Surplus & Equipment Policy
Adopted: __, 2015
Page 5
Furthermore, when attempting to acquire surplus property, City officials and
employees must be treated the same as the general citizenry and are therefore
subject to all of the same notice, value, and accounting requirements as set forth
in this Policy.
(6) Exceptions. Any exceptions to this policy will only be made at the direction of the
City Manager; provided, however, that no exception may be made concerning the
transfer or disposition of surplus property exceeding $500 in estimated market
value per item without the approval of the City Council.
SECTION V. Disciplinary Action(s).
Appropriate disciplinary action, up to and including termination, will be taken if an
employee is found, through proper investigation and application of appropriate
process, to:
(1) Have failed to promptly remit to persons officially designated to receive proceeds,
including cash or other consideration, from the sale of surplus property;
(2) Have failed, in the performance of their duties, to promptly place in appropriate
City containers, bins, dumpsters, or other collection facilities, equipment or
containers, or have received, taken, given away, collected, stored or retained in
other than appropriate City containers, bins, or collection facilities, or dump sites,
City scrap, recyclables, trash or any such surplus property belonging to City
tenants;
(3) Have engaged in selling, scrapping, recycling or handling of surplus property in
violation of this policy or the procedures set forth herein, including having engaged
in any such activity for their personal interest or gain, or in aid of others doing the
same for their respective interest or gain;
(4) Have used City vehicles, facilities or equipment to collect, store, or transport
surplus property to sites, locations, or facilities, including the facilities of scrap
vendors or recycling centers, except as specifically directed by the authorized City
Manager, in accordance with this policy and the procedures set forth herein; or
(5) Have failed to notify his/her department director in a prompt and timely manner
after having observed any individual engaging in any of the above-described act(s)
or having learned that such act(s) were being committed by other City employees.
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360
RESOLUTION NO. 2015 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, AUTHORIZING THE CITY MANAGER
TO PERFORM CLAIM PROCESSING FUNCTIONS SUBJECT TO
CERTAIN LIMITATIONS
WHEREAS,
Section 935.4 of the California Government Code provides that a
local public entity may authorize an employee of the local public entity to perform the
functions and procedures of claims processing in accordance with city and state law,
subject to the limitation that the authorized employee shall not be authorized to
allow, compromise or settle claims exceeding $50,000; and
WHEREAS
, Pursuant to Section 945.6 of the California Government code, any
claim against the city rejected, allowed, compromised or settled by the authorized
employee holds the same time period of six months during which the claimant may
file a lawsuit as if the claim were acted upon by the local public legislature; and
WHEREAS,
the City of La Quinta has now determined to adopt such a policy in
order to expeditiously process claims against the city.
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of La Quinta,
California, as follows:
SECTION 1. The City Manager is hereby authorized and directed to perform the
functions and procedures of claims processing in accordance with city and state law,
in rejecting all improper claims against the city after consultation with the California
Joint Powers Insurance Authoritys third party administrator for liability claims; and
SSECTION 2. The City Manager is hereby authorized and directed to perform the
functions and procedures of claims processing in accordance with city and state law,
and after consultation with the California Joint Powers Insurance Authoritys third
party administrator for liability claims in allowing, compromising or settling claims
against the city, for amounts up to and including $50,000 as that amount may be
amended from time to time by Section 935.4 of the California Government Code or
successor statute; and
SECTION 3. Claims against the city in excess of $50,000 that the City Manager
determines, after consultation with the California Joint Powers Insurance Authoritys
third party administrator for liability claims may warrant allowance, compromise or
settlement shall be presented to the city council for consideration.
SECTION 4. This Resolution shall become effective immediately upon its adoption.
361
PASSED, APPROVED,ADOPTED
and at a regular meeting of the La Quinta City
Council held on this day of September 2015, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
__________________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
__________________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
362
RESOLUTION NO. 2015 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, AUTHORIZING THE CITY MANAGER
TO APPLY FOR, AND ACCEPT GRANTS VALUED AT $50,000
OR LESS, INCLUDING MATCHING GRANTS, AND TO ADJUST
THE CITY BUDGET ACCORDINGLY
WHEREAS,
the City of La Quinta applies for various governmental and
nongovernmental grants to supplement or enhance its operations, resident services
and infrastructure, and;
WHEREAS
, grant application submittals are time sensitive, and;
WHEREAS
, many grants offer funds or goods valued at $50,000 or less, and;
WHEREAS
, some grants are contingent upon matching funds, labor or goods
from the City which are valued at $50,000 or less, and;
WHEREAS,
the City of La Quinta has now determined to adopt a policy in order
to expeditiously process beneficial grants available to the City.
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of La Quinta,
California, as follows:
SECTION 1. The City Manager is hereby authorized and directed to apply for, and to
accept grants offering funds or goods valued at $50,000 or less if s/he finds that it is in
the best interests of the City to do so.
SECTION 2. The City Manager is hereby authorized and directed to apply for, and to
accept grants offering funds or goods valued at $50,000 or less requiring matching
funds, labor or materials valued at $50,000 or less if s/he finds it in the best interest of
the City to do so and the result is no increase to budget appropriations overall.
SECTION 3. The City Manager is hereby authorized and directed to adjust the City
budget to record the receipt of grant funds and to record the expenditure of matching
funds.
SECTION 4. The City Manager is hereby authorized and directed to adjust the Citys
inventory records to add the receipt of goods, equipment or other materials awarded
by grants.
SECTION 5. Grants for funds or goods in excess of $50,000, and/or grants requiring
matching funds, labor or materials in excess of $50,000 that the City Manager
363
determines is in the best interests of the City to apply for shall be presented to the City
Council for consideration.
SECTION 6. Grant applications or awards that the City Manager determines is in the
best interests of the City to compete for, and require governing body approval in order
to qualify, shall be presented to the City Council for consideration.
SECTION 7. This Resolution shall become effective immediately upon its adoption.
PASSED, APPROVED,ADOPTED
and at a regular meeting of the La Quinta City
Council held on this day of September 2015, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
__________________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
__________________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
364
ATTACHMENT 1
CITY MANAGER SIGNING AUTHORITY - INFORMAL SURVEY BASED ON DATA ONLINE AT CITY WEBSITES
CITY POPULATION SIGNING AUTHOITY PURCHASE TYPE
Cathedral City 52,340 10,000 supplies, equip., maint. & prof. services
75,000 public construction projects
Coachella 42,800 15,000 prof. services & public construction
Desert Hot Springs 27,800 30,000 supplies, equip., maint. & prof. services
Indian Wells 5,080 25,000 goods, services, construction
Indio 81,400 75,000 supplies, equip., maint. & prof. services
175,000 public construction projects
Palm Desert 50,000 25,000 supplies, equip., maint. & prof. services
40,000 creative services re: ads & public relations
Palm Springs 45,700 25,000 supplies, equip., maint. & prof. services
45,000 public construction projects
Rancho Mirage 17,640 25,000 supplies, equip., maint. & prof. services
175,000 public construction projects
29 Palms 26,100 15,000 supplies, equip., maint. & prof. services
25,000 public construction projects
***************** *********** **************** **********************************
Azusa 47,600 10,000 professional services
25,000 supplies, equip., maintenance services
125,000 public construction projects
Beverly Hills 34,500 45,000 all types
Brea 41,400 25,000 supplies, equip., maintenance services
100,000 public construction projects
Burbank 105,000 75,000 professional services
100,000 supplies, equip., maint. & public projects
Cupertino 58,300 175,000 all types of purchases & contracts
Folsom 72,300 40,000 all types of purchases & contracts
Irvine 231,000 100,000 public construction projects
Lake Forest 78,500 30,000 supplies, equip., maint. & prof. services
125,000 public construction projects
Palo Alto 66,400 85,000 all purchases, except:
250,000 goods & public construction
Pasadena 140,000 75,000 all types
Paso Robles 30,500 20,000 supplies, equip., maint. & prof. services
75,000 public construction projects
Rancho Palos Verdes 42,100 25,000 supplies, equip., maint. & prof. services
75,000 public construction projects
Sacramento 473,500 100,000 all types
San Carlos 28,900 75,000 supplies, equip., maint. & prof. services
175,000 public construction projects
San Rafael 58,200 20,000 prof. services
35,000 supplies, equip., maintenance services
125,000 public construction projects
Santa Monica 91,000 80,000 supplies, equip., maint. & prof. services
175,000 public construction projects
Temecula 104,900 30,000 supplies, equip., maint. & prof. services
45,000 public construction projects
Ventura 108,300 50,000 prof. services
175,000 public construction projects
250,000 supplies, equip., maintenance services
365
AUTHORIZATIONAMOUNT2015 DOCUMENT TRACKING
2015
ATTACHMENT 2
Council 01.06.2015$52,000Matrix Consulting - crime trend & police service study
CM Approval$3,500ClearSource - fee updates
Coachella Valley Engineers - Library lot expansion & bldg remodel plans, specs
Council 01.20.2015$42,000
PO# 1790$5,292
DDL Traffic
PO# 1791$6,220Econolite Group Inc
PO# 1792$4,875
Bruce Kribbs Construction
CM Approval$2,100Community Connect - MOU for 211 service
PO# 1793$1,865
Top Gear
PO# 1794$875Sunsplash Screen Printing
PO# 1795$3,000
Pacific West Industries
PO# 1796$9,328City of Coachella
PO# 1797$3,425
PCM-G
Arch Ins Co - Settlement Agr & Release - Adams St Bridge project, liquidated damages
Council 02.17.2015($357,000)
Council 02.17.2015$296,825Arch Ins Co - Adams St Bridge project - CCO#14,24,29,31,32,33,34,35,36
Council 02.17.2015($100,000)
Kohl's & One Eleven LQ - MOU for Adams St signal project
PO# 1798$4894IMPRINT
PO# 1799$821
Vorwaller & Brooks Inc
PO# 1800$11,880JTB Supply Co
PO# 1801$2,991
JTB Supply Co
PO# 1802$5,680DDL Traffic
PO# 1803$4,692
DDL Traffic
PO# 1804$16,867Econolite Group Inc
PO# 1805$6,189
Western Pacific Signal LLC
PO# 1806$27,518Iteris
PO# 1807$1,994
JTB Supply Co
PO# 1810$4,196Best Signs Inc
Council 03.03.2015($1,900,305)
Marvin Investments - P&S Amendment and MOU re: village properties
Council 03.03.2015$156,600Sigmanet Inc - IT services agr
CM Approval$400
DigiCert - FJS digital signing token renewal
CM Approval($20,174)Boys & Girls Club of CV - CDBG agr with Riv Cty
CM Approval$14,461
Doug Wall construction - CCO#6 Wellness Ctr proj 2013-11
Council 03.17.2015$40,792Dateland Construction - Carranza drainage project
CM Approval($16,800)
Kirkpatrick landscaping - CCO#4, reducing services & contract amount
CM Approval$8,310RBF - Amend #2, Adams St signal & street improvements
Director Approval($2,233)
Bengal Eng - Amend #1 - Dune Palms bridge project 2011-05 (reduction)
PO# 1808$31,819Pacific Lighting Sales, Inc \[sales tax brought purchase over the $30K limit\]
PO# 1809$5,000
Fehr & Pers
CM Approval$11,388Superior Pavement Markings - Jefferson/Hwy 111, triple left turn striping
Council 04.07.2015$285,000
La Quinta Farms - Amend #1 re: PM10
Council 04.07.2015$102,507Golden Valley Construction - perimeter landscaping, city lots on Ave 52
Council 04.07.2015$176,808
RBF - drainage study
Council 04.07.2015$8,381Riv Cty - Amendment re: animal field services
CM Approval($19,310)
National Community Renaissance - CDBG funds
CM Approval$0Eisenhower Med Center - free health testing
CM Approval$0
Live Well Clinic - free health services
CM Approvalterm extCadence Communications - Amend #2, 24hr vacation rental hotline
Superior Pavement Markings - CCO#1, Jefferson/Hwy 111, triple left turn striping
Director Approval$1,950
CM Approval($1500)/mo
Springs Ambulance Service - 2015 lease agr
CM Approval$9,900Sequoia Financial Services - fee collection services
CM Approval$30,000
CASC Engineering - on call water quality inspection services
CM Approval $7,250Hermann Design Group
PO# 1813$4,556
McCain
PO# 1814$9,893JTB Supply Co
PO# 1815$14,800
PM10, Inc
PO# 1816$11,812Statewide Services, Inc
PO# 1817$2,160
JTB Supply Co
366
9/8/20153:45 PM
PO# 1818$2,403JTB Supply Co
PO# 1819$1,660
Costco
PO# 1820$1,569Safeware
PO# 1821$19,553
McCain
Indian Springs Golf Club - Grant of Drainage Easement and Agreement, Horseshoe Rd
Council 05.05.2015$27,300
Council 05.05.2015$126,180
Psomas - Amendment 14/15, on call construction inspection services
Council 05.05.2015$77,100NAI Consulting - Amend #1, project mgmt for remaining 14/15
Council 05.05.2015$90,000
JK Designs/Jane Dedecker - art purchase agr, Seeley Drive roundabout
Council 05.05.2015$676,783Granite Construction - Adams St signal & street improvements
PO# 1822$13,086
JTB Supply Co
PO# 1823$6,690Patton Enterprises, Inc
PO# 1824$291
National Seminar Training
PO# 1825$8,750Western Pacific Signal LLC
PO# 1826$4,590
Iteris
PO# 1827$8,842Stalker Radar Applied Concepts, Inc
PO# 1828$4,282
Dell
PO# 1829$12,041High Tech Irrigation
PO# 1830$15,990
Palm Springs Pump
PO# 1831$27,815BMW
Council 06.02.2015$123,900
Bengal Engineering - Dune Palms Rd widening project, engineering services
Council 06.02.2015$466,000Psomas - on call construction inspection services for FY 15/16
Council 06.02.2015$218,400
Traffex Eng - FY 15/16 traffic eng services
Council 06.02.2015$487,455NAI Consulting - FY 15/16 PW project mgmt & contract admin
Council 06.02.2015$10,000
East Valley Coalition - MOU for regional econ dev
CM Approval$1,010Garda - 3 yr agr
CM Approval$15,000
Family YMCA - Amendment 1, pool maintenance
Director Approval$1,667Dateland Construction - CCO#1, Carranza drainage project, project 2014-09
PO# 1832$9,600
MSA Consulting, Inc
Council 06.16.2015($400,000)CVAG Reimbursement Agr, Amend 1 - Adams St bridge project
Council 06.16.2015$127,500LQ Chamber of Commerce - 2015/16 business & marketing services
Council 06.16.2015$112,770JNS Media Specialists - 2015/16 print marketing services
Council 06.16.2015$138,200
Graphtek Interactive - 2015/16 digital marketing services
Council 06.16.2015$102,220Golden Touch Cleaning - 2015/16 janitorial services
Kirkpatrick Landscaping - change order & amend - citywide landscape maintenance
Council 06.16.2015$41,141
Council 06.16.2015$444,960
Conserve Landcare - park landscape maintenance proj 2014-15
Council 06.16.2015$290,361Superior Pavement Markings - Jeff/52 roundabout improvements
Council 06.16.2015$83,160
AM LaSalle electric - citywide landscape lighting maintenance
CM Approval$18,000Public Research Group - survey survices
CM Approval$7,000
Rethmeier CPA - USDA Rural Dev required audit on low income housing
CM Approval$2,100Community Connect - MOU for 211 service
PO# 1833$7,080
bkm
PO# 1834$4,100Lorbel, Inc
PO# 1836$16,216
Iteris
Council 07.07.2015($9,002)Riv Cty - InterLocal Agr - Byrne Mem Justice Asst Grant
Council 07.07.2015$150,000
Altum Group - EIR Village buildout
Council 07.07.2015$50,000CV Rescue Mission - support operations
Council 07.07.2015$179,995
AVIR Inc - council chambers audio-video equip
Council 07.07.2015$678,655American Asphalt South Inc - 2015/16 slurry seal program
Council 07.07.2015$49,250
New Construction Solutions - Phase 1 ADA upgrades at sports complex & YMCA
Council 07.07.2015$115,195RG General Eng - Phase II ADA upgrades at sports complex & YMCA
Council 07.07.2015$0
Riv Cty - MOU for library and museum management
CM Approval($263)/moVerizon - agr re reduced rates
Granite construction Co - CCO#1 Adams St Signal & St Improvements, proj 2012-01
Director Approval$1,166
CM Approval$15,600
Sharkpools - Amend #3 fountain maintnenace
PO# 1839$11,377DRT Transport
PO# 1840$11,444
JTB Supply Co
Director Approval$5,000Siemens Industry Inc - on call traffic signal repair
Council 07.21.2015$198,900
Spevacek - employment agr
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CM Approval$13,800HF&H Consultants, LLC - Amend #1 for AB939 services
CM Approval$7,500
NV5 - survey & LLA for Barton Land\\future fire station deal
PO# 1841$24,650Polar Barr
PO# 1842$19,779
DDL Traffic
PO# 1843$4,536
DDL Traffic
Council 08.04.2015$350,000Matich Corp - Monroe St paving rehab
Council 08.04.2015$711,908
Golden Valley Construction - library exterior improvments for 10th Anniv
Council 08.04.2015$477,702Décor, Inc - library interior improvements for 10th Anniv
Council 08.04.2015$73,332
LQ City Emp Assoc - MOU for 2 yrs
PO# 1844$16,436Superior International Industries
PO# 1845$15,990
Palm Springs Pump
PO# 1846$29,995Sam's Fence
PO# 1847$42,800
Carmel Mountain Cabinetry \[to be ratified by Council 9/15/2015\]
PO# 1848$26,317Fiesta Ford
CM Approvalup to $30,000
Riv Cty - Amend #2 to PSA for on-call County Geologist services at $140/hr
Rogers, Anderson, Malody et al - Amend #1, temp. Accounting Manager services
CM Approval$28,000
CM Approval$11,600TKD Assoc, Inc - landscape design, projects 2015-05 and 2015-14
CM Approvalup to $20,000
ViaTRON Systems - Amend #2 term ext, scanning services for FY 15/16
Director Approval$3,780Royal Gym Services - Wellness Ctr equipment maintenance
368
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STUDY SESSIONITEM NO. 1
City of La Quinta
CITY COUNCIL MEETING:
SEPTEMBER 15, 2015
STAFF REPORT
AGENDA TITLE:
SKATE PARK DEVELOPMENT OPTION
RECOMMENDATION
Discuss the development and management of a skate park located at the corner of Dune
Palms Road and Blackhawk Way.
EXECUTIVE SUMMARY
City Council approved a state-of-the-art skate park in the 2015/16 Capital
Improvement Plan.
City Council may choose an approach to seek interested parties with the intent to
design, build, operate, and own a skate park/BMX facility at this location.
FISCAL IMPACT
Quimby Funds of $3.4 million have been approved in the 2015/16 Capital Improvement
Program for the skate park development.
BACKGROUND/ANALYSIS
Staff has been researching and visiting skate park facilities to determine the best
approach to develop a facility in La Quinta. Various ownership, partnership and operation
arrangements have been discovered. Some facilities are owned, managed, or sponsored
by name brand companies such as Vans, Etnies, and Monster Energy.
Given La Quintas desirable location, it may be possible to attract name brand companies
to develop or sponsor a premiere facility. Additionally, with music being a significant
component of the skate/scooter/BMX culture, there may be opportunities to partner with
music industry companies such as GoldenVoice.
Staff is set to release a request for qualifications to ascertain if a private entity would
lease/purchase the City site and operate the facility. This arrangement may be a creative
solution to the high cost of development, operation, and maintenance. It may also
reduce City construction costs, expedite build out, and transfer or share the costs for
ongoing management, maintenance, and liability.
Staff is seeking City Council input regarding this approach.
Report prepared by: Steve Howlett, Golf Parks, & Facilities Manager
Report approved by: Edie Hylton, Deputy City Manager
369
370
2
STUDY SESSION ITEM NO.
City of La Quinta
CITY COUNCIL MEETING:
September 15, 2015
STAFF REPORT
AGENDA TITLE:
UPDATE ONWATER REDUCTION STRATEGIES FOR 2015/16
RECOMMENDATION
Provide direction to staff regarding ongoing and proposed water reduction strategies.
EXECUTIVE SUMMARY
The Governor has declared that California is in a serious drought and has
mandated the Coachella Valley Water District (CVWD) to reduce potable water use
by 36 percent.
On June 16, 2015 City Council meeting, staff presented four possible strategies to
reduce potable water consumption by 36 percent by February 2016.
In order to bring the City in full compliance with the Governors mandate, staff has
prepared a phasing plan to retrofit all turf parkways and retention basins within
the Citys Lighting and Landscape (L&L) Maintenance District over the next few
years, which can be incorporated in future Capital Improvement Programs (CIPs).
FISCAL IMPACT
Turf conversion to either the Desert Oasis or Desert Efficient landscape palettes would
cost between $7 and $12 per square foot, respectively, for a total cost of $4 million for
Desert Oasis to $7 million for Desert Efficient (including design, inspection, and
administration). The Coachella Valley Water District (CVWD) offers a turf conversion
program that would offset this cost by $1 per square foot or $485,000 for either plant
palette. The annual water use savings would be approximately 19 million gallons or
$214,000 (at CVWDs current water rates).
BACKGROUND/ANALYSIS
On June 16, 2015, City Council reviewed four strategies to achieve the 36 percent water
reduction mandate, which included reduced watering of parks and public rights-of-way
landscaping; increasing non-potable water use for irrigation; converting turf to more
water efficient desert scape; and revising development standards for future projects to
limit potable water use for water features and landscaping. Because staff has been
taking steps to reduce water consumption since early 2014, a majority of City facilities
have met this goal; however, based on recent water data from CVWD, it will be difficult
for the City to maintain parks and street landscape areas with the reduced water budgets.
371
The following pie chart utilizes August 18, 2015 data and identifies the percentage of City
water meters operating within budget and those operating over budget (the data
collected was for 106 meters). Currently, 87 percent or 92 meters are operating within
budget.
BreakdownofALLMetersRecorded
Tier12(WithinBudget)Tier2(100104%Over)Tier3(105150%Over)
Tier4(151250%Over)Tier5(>250%Over)
2%
6%
0%
5%
87%
CVWD mandates that each water meter attain a 36 percent usage reduction. In order to
achieve this mandate and not incur penalties, City Council approved turf conversion
projects for the Jefferson Street/Avenue 54 Fire Station, the Fritz Burns Park Parkway, the
Avenida Bermudas landscape medians, the Madison Street landscape median, and the
Civic Center Campus Parkways as part of the Fiscal Year 2015/16 CIP. The landscape
palettes for these projects will be based upon those installed on the Citys vacant parcels
located on the north side of Avenue 52 between Desert Club Drive and Avenida Navarro
(Attachment 1). Staff estimates these conversion projects will reduce water consumption
by over 60 percent for a total savings of 6.9 million gallons per year for all projects. These
projects are expected to be installed by spring 2016.
Additional water conservation projects to be considered:
1)Convert natural grass ball fields to artificial turf
.
Two university studies were conducted regarding surface temperatures of artificial turf
sports fields. The first study was by Brigham Young University in 2002 and a more
extensive study in 2012 by Penn State University. Both studies concluded that surface
temperatures continue to be a problem when outside air temperatures exceed 80
degrees. Artificial sports fields have different construction and material requirements
than artificial turf used for putting greens and ornamental use. To protect from injuries,
artificial turf sports fields use impact-absorbing material such as sub-surface padding or
372
crushed rubber infill within the turf. This impact material along with the synthetic turf
contributes to the heat retention characteristics.
Staff researched other desert cities that use artificial turf fields. The City of Phoenix built
the Reach 11 Sports Complex with 17 grass soccer fields and one artificial turf field. The
City of Las Vegas converted two of five grass soccer fields to artificial turf at Ed Fountain
Park. At both facilities, the grass fields are more popular and used year-around. The
artificial turf fields are only used for tournaments during the cooler months (when air
temperatures are below 80 degrees) because the surface temperatures are tolerable.
AstroTurf recently developed the Golden Series, a new product that does not use
crushed rubber or rubber padding. Instead, this product uses a material called Zeofill,
which is marketed as being cooler than other artificial turf products. Staff visited the
recently completed soccer fields in Sherman Oaks that use the new Golden Series. Using
a digital thermometer, the following temperature readings were observed:
Outside air temperature 82 degrees
Grass temperature 94 degrees average
Concrete sidewalk 122 degrees average
Asphalt 139 degrees average
New artificial turf 154 degree average
Old artificial turf 165 degree average
The new artificial turf product measured approximately 10 degrees cooler than the older
artificial turf, but the readings still supported the university study findings that artificial
turf surface temperatures significantly exceed grass.
Based on the cost of the Sherman Oaks facility, the cost to convert La Quinta Park would
be approximately $6 million.
2)Convert turf to desert scape in L&L district parkways and retention basins.
There is approximately 595,000 square feet (14 acres) of turf in the parkways and
retention basins in the L&L District; these areas will comprise a majority of the Citys
water budget once the Fiscal Year 2015/16 CIP turf conversion projects are complete. At
an anticipated construction cost of $7 to $12 per square foot or $4,000,000 to $7,000,000
to convert to desert scape, staff included up to $500,000 per year in future fiscal years in
the current CIP for turf conversion.
Staff recommends that the first phase of turf conversion include the parkway on the
south side of Fred Waring Drive fronting La Quinta Highlands and La Quinta Vistas as well
as the parkway on the north side of Miles Avenue fronting Acacia and Quinterra since
they are most visible and contribute the most to runoff onto sidewalks and streets
(Attachment 2). Total cost of this phase is estimated between $1.1 million for Desert
Oasis and $1.8 million for Desert Efficient. The second phase would include the retention
basins on Miles Avenue in Acacia and Quinterra followed by the third phase, which would
373
convert the least visible basins located in Cactus Flower, Topaz, Del Rey, La Quinta
Highlands and Rancho Ocotillo. In order to save cost, staff recommends converting only
the side slopes of the retention basins to Desert Oasis since these areas are most visible
and require the most water to irrigate due to the faster runoff created by the slope. The
bottom of the basins should remain turf to protect the filters located there and facilitate
maintenance. The estimated cost of the second and third phase is $2.9 million.
In order to accomplish this project sooner, staff recommends hiring an on-call landscape
architect to analyze the most cost effective retrofit of the existing irrigation system and
then design the irrigation and landscaping conversion projects ahead of the preparation
of the CIP so that shelf ready projects could started as soon as funding is identified.
This consultant could also help identify higher impact projects to maximize water savings
while also enhancing high visibility areas.
3)Convert Civic Center Campus to Colorado River Water.
Another potential project discussed on June 16, 2015 was converting the Civic Center
Campus Lake to an irrigation lake by tapping into the proposed CVWD irrigation main line
in Calle Tampico. The preliminary cost for this project is estimated to be between
$250,000 and $300,000, which could be included in a future CIP. The Civic Center Campus
uses approximately 13,357,000 gallons of potable water annually, which costs about
$20,000 at current water rates. Thus, the Citys potential savings in potable water costs is
about $20,000 per year.
Report prepared by: Timothy R. Jonasson, P.E., Public Works Director/City Engineer
Report approved by: Frank J. Spevacek, City Manager
Attachments: 1. Desert Oasis and Desert Efficient landscape palettes
2. North La Quinta subdivision map
374
ATTACHMENT 1
“Desert Efficient” Example Photos
Avenue 52 and Desert Club Looking West
Avenue 52 Looking West
375
“Desert Oasis” Example Photos
Avenue 52 at Avenida Navarro Looking East
Calle Amigo Looking West
376
378
C III m.. .' m �......, „� �� tIII r� 1 �m „�
„m .11l...I Y „.XA„. IIN C III.... III ..., lll. II (m
::.
C 0: The Honorable Mayor and Members of the City Council
C(M: Ted Shove, Business Analyst
DAIC IV::: September 15, 2015
SUIIC:IjIV:: IC: UPDATE ON PACE AND HERO PROGRAM
Currently, Ygrene and California HERO programs are approved providers for the
Property Assessed Clean Energy/Home Energy Renovation Opportunity program in
La Quinta (`PACE'/'HERO' program). Ygrene was approved in May 2013 and HERO in
January 2015. The chart below summarizes program totals in La Quinta:
Provider
Number of Projects
Total Funding
Ygrene CV Upgrade
78
$ 1,219,550
California HERO
5
$ 83,777
In many California communities, multiple PACE and HERO program providers are
authorized through non-exclusive arrangements. These arrangements provide an
open marketplace for residents, which are often only differentiated by terms
offered.
In August, the City was contacted by representatives from Figtree Financing and
Energy Efficient Equity (see Attachments 1 and 2) to solicit interest in authorizing
their California -approved PACE program in La Quinta. PACE program providers act
as a conduit to financing for energy efficient improvements for commercial and
residential property owners. Repayment of improvements is placed on the County
property tax rolls and is transferable with ownership until the debt if fully cured.
Staff will investigate each provider further and return to Council with
recommendations regarding including Figtree Financing and Energy Efficient
Equity as additional PACE program providers in La Quinta.
Attachments: 1. Email Correspondence from Mike Armstrong, Vice President,
Relationships for Figtree Financing
2. Email Correspondence from Taylor Libolt, Municipal
Development Director for Energy Efficient Equity
41
380
Attachment 1
From: Mike Armstrong \[mailto:marmstrong@figtreefinancing.com\]
Sent: Thursday, July 30, 2015 10:12 AM
To: Council
Subject: Figtree PACE Checking In
Linda,
JustcheckingintoseeifwecanmoveforwardwithadoptingtheFigtreePACEprogram?Wehavemade
alotofprogresswithourprogramsincewelastconnected.
FigtreeisoneoftheleadingprivatePACEfinancingcompaniesoperatingintheUnitedStatestoday.120
municipalitiesthroughoutCaliforniahavealreadyjoinedtheFigtreeprogramwhichisofferedthrough
ourJPApartnertheCaliforniaEnterpriseDevelopmentAuthority(CEDA).Wecanoffertheprogramasa
completeturnkeyPACEsolutionwithoutcosttoyourcity.Furthermore,Figtreewillprovide
indemnificationtotheCitywithitsparticipation.
CEprogramprovides100%upfrontfinancingtopropertyownersforawiderangeof
TheFigtreePA
eligiblepropertyimprovements.RepaymentismadethroughanƚǞƓĻƩƭpropertytaxesstatementwith
flexiblerepaymenttermsrangingfrom5to20years.Additionally,ourresidentialPACEofferingwill
launchin2015.
Ialsowantedtoprovideafewlinkswhereyoucanfindupdatedinformationaboutourprogram:
ΘFigtreeCity/CountyActionPlan
ΘDocumentsNeededtoAdoptourProgram
Couldwefindtimetoconnectbackupinthenextfewdaysorweeks?Ifyouareinterestedinadopting
ourprogramIwouldliketoworkwithyoutogeteverythingdocketedandapprovedbeforeour
residentiallaunchinafewmonths.Letmeknowwhatworksforyou.
IfyoudonotwishtolearnmoreabouttheFigtreePACEProgram,pleaseletmeknowbyclickinghere,
donotwanttoreceiveanymoreinformation,andIwillnotcontactyoufurther.
Sincerely,
MikeArmstrong
Mike Armstrong
Vice President, Partnerships
Direct: 8587710897
marmstrong@figtreefinancing.com
9915 Mira Mesa Blvd., Suite 130 | San Diego, CA 92131
Toll Free: 1.877.577.7373 | Update Your Email Preferences
381
Attachment 2
From: Taylor Libolt \[mailto:taylor@energyefficientequity.com\]
Sent: Monday, August 24, 2015 12:33 PM
To: Council
Subject: CMFA PACE Program
Hi Mayor Evans,
We just launched a PACE program with the California Municipal Finance Authority and would
like to offer our financing to property owners in La Quinta. Can you champion an opt-in
resolution so we can get started?
Thanks,
Taylor Libolt
Director, Municipal Development
taylor@energyefficientequity.com
909 336 8790
Energy Efficient Equity
Office: 310 307 4940 Fax: 310 307 4701
10880 Wilshire Blvd Los Angeles CA 90024
www.energyefficientequity.com
382
DEPARTMENT REPORT ITEM NO. 1B
City of La Quinta
CITY COUNCIL MEETING
DEPARTMENT REPORT
TO: The Honorable Mayor and Members of the City Council
FROM: Ted Shove, Business Analyst
DATE: September 15, 2015
SUBJECT: CALRECYCLE ELECTRONIC ANNUAL REPORT
On August 3, 2015, the required CalRecycle Electronic Annual Report (EAR) was
submitted on behalf of the City of La Quinta. The EAR contains data required to
calculate the per capita disposal rate for the community. The report also includes
a status report on planned and implemented solid waste diversion programs
currently employed by the community. For the reporting year (2014), the standard
( Calculated Disposal Rate) the City was required to achieve was 10.0 pounds per
person per day for the Citys population and 34.8 pounds per person per day for the
number of persons employed in the City. During this reporting period, La Quinta
exceeded the required thresholds by producing only 4.7 (population) and 15.9
(employment) pounds per person per day. The City has in the past and continues
to maintain compliance with current CalRecycle mandates for solid waste
diversion. This can be attributed to residents and businesses properly separating
their trash and placing it into the appropriate bins provided by Burrtec, the Citys
solid waste hauler.
The Citys franchise agreement for solid waste services is approaching the end of
its term and will expire on June 30, 2016. Staff will evaluate a multitude of metrics
including recently passed and proposed legislation when negotiating a new
agreement for solid waste collection, handling and disposal services. Staff
anticipates a revised agreement for Council consideration in March 2016. Below
are a few recent mandates that are currently addressed wholly or in part within
the existing scope of the agreement.
Mandatory Commercial Recycling (AB 341)
While La Quinta continues to meet the Per Capita Disposal Rate requirements, new
CalRecycle mandates continue, requiring increased solid waste reduction efforts.
In July 2012, municipalities were required to implement mandatory commercial
recycling for businesses and multi-family complexes through outreach and
education. The City has worked closely with Burrtec to meet these mandates and
has currently achieved an 80.8 percent compliance rate for the mandatory
commercial recycling requirement. The City and Burrtec will continue to
collaborate to meet and maintain 100 percent compliance.
383
Mandatory Organics Recycling (AB 1826)
On January 1, 2016, the first phase of a multi-year phased approach will require
municipalities to develop and begin implementation of an organic waste recycling
program. Specific examples of organic waste include: food waste, green waste
(including landscaping and pruning), nonhazardous wood waste, and food-soiled
paper mixed in with food waste. Currently, no program exists to accommodate
this waste stream. Ramping up to meet the requirements for AB 1826, the City will
need to collaborate with Burrtec to implement a plan that initially targets organic
waste generators of eight cubic yards or more per week. The threshold then goes
down to four cubic yards or more per week by January 2017.
Other Solid Waste Diversion Program Adjustments
It is anticipated that additional mandates to increase solid waste diversion will be
forthcoming. In the months ahead, staff will explore the feasibility of existing
programs focusing on increased diversion while minimizing fiscal impacts on City
resources and residents. Specific programming would include: internal recycling
(source separation, procurement practices), expanding the Citys role in waste
diversion planning and implementation for large community events, and a
construction and demolition ordinance.
Attachment: 1. CalRecycle Electronic Annual Report
384
ATTTACHMENT1
La Quinta ( 2014)
Annual Report Summary:
This Annual Report Summary is an official record of your CalRecycle Electronic Annual Report submission, except for your
Venue/Event section information, which is contained in a separate report. You may reach that section from the Electronic
Annual Report's left navigation bar.
Before submitting your report to CalRecycle, please take the time to review everything on this page to confirm it is complete
and correct. If you need to modify some information, close this window to return to the Electronic Annual Report to make
your corrections. Then, preview the report again.
Summary Generated On:Monday, August 03, 2015, 2:07:42 PM
Summary
Submitted Information
Monday, August 03, 2015
Date Report Submitted:
Jurisdiction:
La Quinta
Report Year Filed:
2014
Report Submitted By:
Report Status:
Ted Shove (tshove@la-quinta.org)
Submitted
Jurisdiction Contact
Jurisdiction Contact:
Address:
, ,
Phone Number:
Fax Number:
Email Address:
Update Contact Info:
http://www.calrecycle.ca.gov/LGCentral/Contacts/ContactChg.htm
Disposal Rate Calculation
Definition of Terms
Reporting-Year Disposal Amount (tons)
defaults to the total tonnage disposed in the Reporting-Year by a jurisdiction
as reported to the Disposal Reporting System (DRS). Disposal contains all jurisdiction waste that was disposed in CA
landfills, transformation facilities, and exported out-of-state. Any changes will require you submit a Reporting Year
Disposal Modification Certification Sheet (PDF). See Users Guide or contact LAMD representative if uncertain.
Disposal Reduction Credits
- the EAR calculator will subtract these credits from your requested total in the Reporting-
Year Disposal Amount field. Requesting credits will require you submit a Reporting Year Disposal Modification
Certification Sheet (PDF). Descriptions of these credits can be found on that sheet. See EAR Users Guide or contact
LAMD representative if uncertain.
Reporting-Year Transformation Waste (tons)
defaults to the total tonnage of waste sent in the Reporting-Year by a
jurisdiction to a CalRecycle-permitted
transformation facility as reported to the Disposal Reporting System (DRS). Transformation is factored into the Per Capita
rate only, and is not deductible. To eliminate the Per Capita credit for transformation tonnage, change the Reporting-Year
Transformation Waste (tons) number to 0.00.
Reporting-Year Population
January 1st estimate of the number of inhabitants occupying a jurisdiction in the Reporting-
Year as prepared by the California Department of Finance (DOF)
Reporting-Year Employment
the estimate of the annual average number of employees by jurisdiction in the Reporting-
Year as prepared by the California Employment Development Department (EDD).
Additional Definitions
- for additional definitions and/or acronym descriptions, see the LGCentral Glossary.
Page 1 of 13
385
La Quinta ( 2014)
Annual Report Summary:
Reporting-Year Disposal Amount (tons):
33,167.77
Disposal Reduction Credits (Reported):
Disaster Waste (tons):
0.00
Medical Waste (tons):
0.00
Regional Diversion Facility Residual Waste (tons):
0.00
C & D Waste (tons):
0.00
Class II Waste (tons):
Out of State Export (Diverted) (tons):
0.00
Other Disposal Amount (tons):
0.00
0.00
Total Disposal Reduction Credit Amount (tons):0.00
Total Adjusted Reporting-Year Disposal Amount (tons):33,167.77
Reporting-Year Transformation Waste (tons):0.00
39,032
Reporting-Year Population:
11,462
Reporting-Year Employment:
Reporting-Year Calculation Results (Per Capita)
PopulationEmployment
TargetAnnualTargetAnnual
Disposal Rate without Transformation4.715.9
(pounds/person/day):
Transformation Rate (pounds/person/day):2.00.07.00.0
The Calculated Disposal Rate 10.0 4.7 34.815.9
(pounds/person/day)
Calculation Factors
If any boxes are checked, please complete, and sign the Reporting Year Disposal Modification Certification Sheet and
mail, e-mail or FAX to CalRecycle within 7 business days of submitting your report. If you are only claiming report-year
disposal deductions for waste transported to a certified Transformation facility, you do not need to fill out the certification
request.
Although you will be able to submit your electronic Annual Report without completing this sheet, your Annual Report will
not be deemed complete until this sheet is completed and received by CalRecycle. Contact your LAMD representative for
details.
Alternative disposal
tonnage
Deductions to DRS disposal tonnage
Page 2 of 13
386
La Quinta ( 2014)
Annual Report Summary:
Questions and Responses
Rural Petition for Reduction in Requirements
Rural Petition For Reduction
1.
Question:
Was your jurisdiction granted a Rural Petition for Reduction by CalRecycle? See
Jurisdictions with an Approved Petition for Rural Reduction
For more information regarding Rural Petition For Reduction, go to Rural Solid Waste
Diversion Home Page.
Response:
No.
Disposal Rate Accuracy
Disposal Rate Accuracy
1.
Question:
Are there extenuating circumstances pertaining to your jurisdiction's disposal rate that
CalRecycle should consider, as authorized by the Public Resources Code Section
41821(c)? If you wish to attach additional information to your annual report, please send
those items or electronic files to your LAMD representative; include a brief description of
those files below. If so, please use the space below to tell CalRecycle.
Response:
No.
Planning Documents Assessment
Source Reduction and Recycling Element (SRRE)
1.
Question:
Does the SRRE need to be revised?
Response:
No.
Household Hazardous Waste Element (HHWE)
2.
Question:
Does the HHWE need to be revised?
Response:
No.
Non-Disposal Facility Element (NDFE)
3.
Question:
Describe below any changes in the use of nondisposal facilities, both existing and
planned (e.g., is the jurisdiction using a different facility within or outside of the
jurisdiction, has a facility closed, is a new one being planned).
Response:
None to report for this period.
Non-Disposal Facility Element (NDFE)
Page 3 of 13
387
La Quinta ( 2014)
Annual Report Summary:
4.
Question:
Are there currently any nondisposal facilities that require a solid waste facility permit
located (or planned to be sited) in your jurisdiction that are not identified in your NDFE?
Response:
No.
Areas of Concern / Conditional Approvals
Areas of concern
1.
Question:
Did CalRecycle require your jurisdiction to address any areas of concern when
determining the adequacy of your solid waste planning documents, or any of their
elements?
Response:
No.
Conditional approvals
2.
Question:
Did CalRecycle give conditional approval to any of your solid waste planning
documents, or any of their elements?
Response:
No.
Additional Information
Additional Information
1.
Question:
Is there anything else you would like to tell CalRecycle about unique or innovative
efforts by your jurisdiction to reduce waste generation and increase diversion, about
your jurisdiction's public education efforts, or about specific obstacles to reaching your
jurisdiction's diversion goal? If you wish to attach additional information to your annual
report, please use the Document Managementbutton below to upload additional files
or you can send them directly to your LAMD representative. Please include a brief
description of those files in the text box below.
Response:
No.
SRRE and HHWE Diversion Programs
1010-SR-BCM (Backyard and On-Site Composting/Mulching)
Current Status: SO - Selected and OngoingProgram Start Year: 1993 Existed before 1990: Yes
Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: No
Page 4 of 13
388
La Quinta ( 2014)
Annual Report Summary:
:
Jurisdiction Notes
In the reporting period, Riverside County Waste Management Department conducted several composting workshops for
residents throughout Riverside County, including the Coachella Valley. Additionally, the County has provided a series of
tools and resources for residents to learn about composting, including tutorial videos for those that cannot attend
workshops. The videos and resources provided by the county can be found online at:
http://www.rcwaste.org/opencms/recycling/home.html. The Coachella Valley Water District also sponsored a Water
Conservation Program during the reporting period. The program includes a number of different incentives for reducing
natural turf and water inefficiencies. The program, which is not limited to residential users can be found online at:
http://www.cvwd.org/217/Rebates-Discounts
1020-SR-BWR (Business Waste Reduction Program)
Current Status: SO - Selected and OngoingProgram Start Year: 1990 Existed before 1990: Yes
Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: Yes
:
Jurisdiction Notes
During the reporting period, the City and its franchise waste hauler worked in concert to achieve an 80% commercial facility
and multi-unit apartment complex compliance rate for AB 341. The City and Burrtec continue to educate and promote
recycling with the few remaining entities not currently recycling or recycling with high levels of source contamination. Mail,
phone and in-person correspondence have and continue to be attempted for the non-compliant facilities.
1030-SR-PMT (Procurement)
Current Status: SO - Selected and OngoingProgram Start Year: 1995 Existed before 1990: No
Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: Yes
:
Jurisdiction Notes
The City continues to investigate a food waste program for implementation citywide. The City is currently investigating an
internal Procurement policy to reduce overall paper and cardboard consumption. Recently, the City began encouraging
receipt of RFP's through electronic means and discourages the use of paper submissions. the City currently prepares
official meeting documents for the City Council and other Committees, Commissions and Boards electronically, to the
extent practical.
1040-SR-SCH (School Source Reduction Programs)
Current Status: AO - Alternative and OngoingProgram Start Year: 2003 Existed before 1990: No
Report Year Diversion Tons:Selected in SRRE: No
197.96
Owned or Operated: No
:
Jurisdiction Notes
In 2014, Desert ARC and La Quinta High School maintained a recycling relationship. During the reporting period, 0.832
tons of cardboard, 0.2065 tons of plastic and 3.124 tons of E-Waste were collected by Desert ARC from La Quinta High
School. This relationship has continued to grow with both entities seeking opportunities to increase their recycling efforts.
In addition to Desert ARC, Burrtec performs routine recycling for all school facilities in La Quinta. During the reporting year,
Burrtec began collecting recycling from facilities located in La Quinta. Total recycling tonnage resulted in 193.80 tons
reported from Burrtec.
1050-SR-GOV (Government Source Reduction Programs)
Current Status: SO - Selected and OngoingProgram Start Year: 1995 Existed before 1990: No
Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: Yes
:
Jurisdiction Notes
The City purchases recycled content for park facilities, where appropriate. These items may include trash and multi-
container recycling containers and playground equipment. The City continues to enforce its recycling policies and source
reduction procedures, including: scanning documents, electronic dissemination of official meetings, where appropriate,
shredding waste paper, recycling toner cartridges, source separating waste paper, cardboard and CRV materials. During
this period, the City is also considering strategies to reduce paper applications and permitting (including electronic plans
submission and other permitting online such as garage sale permits).
Page 5 of 13
389
La Quinta ( 2014)
Annual Report Summary:
1060-SR-MTE (Material Exchange, Thrift Shops)
Current Status: SO - Selected and OngoingProgram Start Year: 1990 Existed before 1990: Yes
Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: No
:
Jurisdiction Notes
For this reporting period, the City contained two second hand stores for material reuse: Angel View and Goodwill. In
addition, Desert ARC continues to pick up old appliances and other household items that are repaired and resold or
recycled. The funding from these efforts supports education and training for the regions special needs population. Desert
ARC also participates with Burrtec during community events and La Quinta High School for the purposes of collecting E-
Waste (these figures were reported in Section 1040-SR-SCH).
2000-RC-CRB (Residential Curbside)
Existed before 1990: Yes
Current Status: SO - Selected and OngoingProgram Start Year: 1991
Report Year Diversion Tons:Selected in SRRE: Yes
2513.72
Owned or Operated: Yes
Selected Program Details:
Single-family residences | Commingled (Single-stream) | Film Plastic | Glass | Metal | Miscellaneous paper (includes phone
books, catalogs, magazines and other paper) | Newspaper | Office paper (white & colored ledger, computer paper, other
office paper) | Plastic 1-2 | Plastic 3-7 | Uncoated corrugated cardboard and paper bags
:
Jurisdiction Notes
For the 2014 period, Burrtec collected 2,513.72 tons of residential curbside recycling materials. Collectively through the
franchise agreement with Burrtec, bulky item service is offered in addition to multi-colored roll away carts (source
separation). As a service to residents, bulky items include appliances, mattresses, furniture, etc. This program is advertised
through both the City and Burrtec's website. In addition, brochures that are prepared are disseminated by Burrtec and the
City.
2010-RC-DRP (Residential Drop-Off)
Current Status: SO - Selected and OngoingProgram Start Year: 1992 Existed before 1990: No
Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: Yes
:
Jurisdiction Notes
Although residents may drop off recycling, Burrtec offers at no additional charge, curbside recycling to La Quinta residents.
2020-RC-BYB (Residential Buy-Back)
Current Status: SO - Selected and OngoingProgram Start Year: 1990 Existed before 1990: Yes
Report Year Diversion Tons:Selected in SRRE: Yes
353.1
Owned or Operated: No
:
Jurisdiction Notes
During the reporting period, Burrtec reported 0.51 tons, NexCycle reported 52.16 tons and rePLANET LLC reported
300.43 tons: totalling 353.1 tons.
2030-RC-OSP (Commercial On-Site Pickup)
Current Status: SO - Selected and OngoingProgram Start Year: 1990 Existed before 1990: Yes
Report Year Diversion Tons:Selected in SRRE: Yes
730.17
Owned or Operated: Yes
Page 6 of 13
390
La Quinta ( 2014)
Annual Report Summary:
Selected Program Details:
Multi-family residences | Commingled (Single-stream) | Film Plastic | Glass | Metal | Miscellaneous paper (includes phone
books, catalogs, magazines and other paper) | Newspaper | Office paper (white & colored ledger, computer paper, other
office paper) | Plastic 1-2 | Plastic 3-7 | Uncoated corrugated cardboard and paper bags
:
Jurisdiction Notes
The City waste hauler reported 730.17 tons attributed to collection of commercial recyclables. The City and Burrtec
continue to implement the requirements of AB 341. Burrtec has made contact with all City businesses and continues to
follow up with not only non-compliant owners, but also to encourage recycling with those business not covered by AB 341.
Burrtec has been working directly with non-recycling businesses and multi-family complexes. The City and Burrtec continue
to do so on an ongoing basis, through monitoring updates. Burrtec and City staff have fielded calls from businesses and
multi-family dwellings inquiring about MCR recycling options, including free audits and on-site assistance. Distribution of
MCR regulatory information has been included in print and electronic form, disseminated on both Burrtec and City
websites, with links to CalRecycle MCR information. Articles have also been placed in print media, including Items of
Interest provided to City Council and local media. The City continues to work with Burrtec to distribute educational material
on MCR during various recycling events held throughout the year, and will prepare periodic print and electronic
reminders/updates concerning MCR requirements and compliance, including an MCR brochure mailing to all identified
businesses and multi family developments.
2050-RC-SCH (School Recycling Programs)
Current Status: SO - Selected and OngoingProgram Start Year: 2003 Existed before 1990: No
Report Year Diversion Tons:Selected in SRRE: Yes
197.96
Owned or Operated: No
:
Jurisdiction Notes
In 2014, La Quinta High School maintained a recycling relationship with Desert ARC for routine collection of cardboard,
plastic and E-Waste. La Quinta High School is part of the Desert Sands Unified School District (DSUSD). DSUSD
maintains three elementary schools, two middle schools and one high school. The City will seek opportunities to partner
with DSUSD to increase recycling and educational programs. Currently, Burrtec (as a component of the franchise
agreement) promote recycling education on a limited basis within DSUSD. For the reporting period, Burrtec collected 193.8
tons and Desert ARC collected 4.16 tons of recyclable materials from DSUSD in La Quinta: totalling 197.96 tons (also
reported in 1040-SR-SCH).
2060-RC-GOV (Government Recycling Programs)
Existed before 1990: No
Current Status: SO - Selected and OngoingProgram Start Year: 1994
Report Year Diversion Tons:Selected in SRRE: Yes
502.08
Owned or Operated: Yes
:
Jurisdiction Notes
The City has provided receptacles around its facilities for staff and visitors to recycle appropriate materials (cans, plastic
bottles, paper, etc.) as well as bins for cardboard and bulk paper product recyclables. Janitorial staff complete the source
separation process by discarding into different bins for pick up. La Quinta reported, through a curbside pick up
program;5.52 tons of Aluminum, 441.38 tons of recyclable Glass, 36.44 tons of PETE, and 18.74 tons of HDPE 2 for a total
of 502.08 tons of recyclable materials.
2070-RC-SNL (Special Collection Seasonal (regular))
Current Status: SO - Selected and OngoingProgram Start Year: 1990 Existed before 1990: Yes
Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: Yes
:
Jurisdiction Notes
Burrtec continues to provide bulky item pickup of holiday trees for La Quinta residents, although reported tonnage was not
provided and currently not practical to secure. During the end of the year holiday season, Burrtec routinely pays for radio
spots for Coachella Valley residents to inform subscribers of ways to recycle holiday items and applicable programming.
2080-RC-SPE (Special Collection Events)
Current Status: SO - Selected and OngoingProgram Start Year: 1990 Existed before 1990: Yes
Report Year Diversion Tons: 7.05 Selected in SRRE: Yes
Page 7 of 13
391
La Quinta ( 2014)
Annual Report Summary:
Owned or Operated: Yes
:
Jurisdiction Notes
The City in conjunction with Burrtec holds two document shred events per year, May 3 and October 25. On May 3, Burrtec
reported 4.05 tons of shredded paper. The event held on October 25th was a noticably less attended event with a reported
3 tons of shredded paper.
2090-RC-OTH (Other Recycling)
Current Status: SO - Selected and OngoingProgram Start Year: 2011 Existed before 1990: No
Selected in SRRE: Yes
Report Year Diversion Tons:
313.86
Owned or Operated: Yes
:
Jurisdiction Notes
Burrtec reported in 2014, 313.86 tons of pre sorted roll off recycling. The content of the material is unknown.
3000-CM-RCG (Residential Curbside Greenwaste Collection)
Current Status: SO - Selected and OngoingProgram Start Year: 1997 Existed before 1990: No
Report Year Diversion Tons:Selected in SRRE: No
4311.85
Owned or Operated: Yes
Selected Program Details:
Single-family residences | Yardwaste
:
Jurisdiction Notes
in 2014, a total of 43,11.85 tons of residential green waste was collected by Burrtec. The City has and continues to
encourage new landscape development to minimize turf as well. These factors are likely contributors to the minimal
increase in greenwaste since 2009.
3010-CM-RSG (Residential Self-haul Greenwaste)
Current Status: SO - Selected and OngoingProgram Start Year: 1990 Existed before 1990: Yes
Report Year Diversion Tons:Selected in SRRE: Yes
39.95
Owned or Operated: No
:
Jurisdiction Notes
In 2014, City residents diverted 39.95 tons of residential green waste to Burrtec facilities. Although curbside pickup is
available, the tonnages reported may have been due to overgrowth and insufficient capacity of curbside containers.
3020-CM-COG (Commercial On-Site Greenwaste Pick-up)
Current Status: AO - Alternative and OngoingProgram Start Year: 1998 Existed before 1990: No
Report Year Diversion Tons:Selected in SRRE: Yes
6417.31
Owned or Operated: Yes
:
Jurisdiction Notes
In 2014, 6,417.31 tons of commercial on-site greenwaste were collected by Burrtec and recycled/diverted from landfill
facilities. This represents a marginal drop from last year's report of 6,650.11 tons.
3030-CM-CSG (Commercial Self-Haul Greenwaste)
Current Status: SO - Selected and OngoingProgram Start Year: 1990 Existed before 1990: Yes
Report Year Diversion Tons: 3293 Selected in SRRE: Yes
Owned or Operated: No
Page 8 of 13
392
La Quinta ( 2014)
Annual Report Summary:
:
Jurisdiction Notes
In September 2013, California Biomass shut down. The resulting shutdown caused a sharp drop in commercial self-haul
greenwaste. SA Recycling is currently the only other facility providing reports for commercial self-haul greenwaste. SA
Recycling provided reports for January - October 2014 and resulted in 3,293 tons.
3040-CM-FWC (Food Waste Composting)
Current Status: PF - Planned in FutureProgram Start Year: 1997 Existed before 1990: No
Report Year Diversion Tons:Selected in SRRE: Yes
37.91
Owned or Operated: Yes
:
Jurisdiction Notes
For the reporting period, food waste composting was reported at 37.91 tons. This tonnage represents a pilot program to
determine economic feasibility. Currently no facilities exist in the region for this type of diversion effort. The City plans to
address this issue in some fashion during the upcoming negotiations of the current franchise waste, collection and disposal
agreement with Burrtec. The current contract extension sunsets June 30, 2016. While there is no guarantee that the City
will achieve success in this effort; the region as a whole should be encouraged to engage Burrtec to provide facility options
for the region's cities to achieve compliance with the upcoming food waste composting mandate.
4020-SP-TRS (Tires)
Current Status: SO - Selected and OngoingProgram Start Year: 1990 Existed before 1990: Yes
Selected in SRRE: Yes
Report Year Diversion Tons: 0
Owned or Operated: No
:
Jurisdiction Notes
In 2014, CVAG received funding for the Tire Amnesty activities, however, there was no event held in La Quinta for the
reporting period.
4030-SP-WHG (White Goods)
Current Status: SO - Selected and OngoingProgram Start Year: 1994 Existed before 1990: No
Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: No
:
Jurisdiction Notes
For the reporting period, 0 tons were reporting by Burrtec. A likely reason for no reporting is the two thrift stores may have
received donations and resold anything received at their facilities.
4040-SP-SCM (Scrap Metal)
Current Status: SO - Selected and OngoingProgram Start Year: 1990 Existed before 1990: Yes
Report Year Diversion Tons: 64 Selected in SRRE: Yes
Owned or Operated: No
:
Jurisdiction Notes
In 2014, Burrtec did not report any material for this section. However, SA Recycling, a private recycler provided the City
with reports for the period of January through October 2014. These reports collectively noted 64 tons of scrap metal.
4050-SP-WDW (Wood Waste)
Current Status: SO - Selected and OngoingProgram Start Year: 1990 Existed before 1990: No
Report Year Diversion Tons: 52 Selected in SRRE: Yes
Owned or Operated: No
:
Jurisdiction Notes
In 2014, Burrtec report no tonnage of wood waste. however, Desert Recycling, a private recycling facility reported 52 tons
for 2014.
4060-SP-CAR (Concrete/Asphalt/Rubble)
Page 9 of 13
393
La Quinta ( 2014)
Annual Report Summary:
Current Status: SO - Selected and OngoingProgram Start Year: 1991 Existed before 1990: No
Selected in SRRE: Yes
Report Year Diversion Tons:
9709.62
Owned or Operated: No
Selected Program Details:
Asphalt Paving | Brick | Concrete/cement | Gypsum Board/drywall | Mixed C + D | Rock, soils and fines
:
Jurisdiction Notes
Burrtec collected 1293.62 tons of Concrete/Asphalt/Rubble in 2014. Additionally, monthly reports for 2014 from Desert
Recycling for concrete grinding/recycling facilities reported a total of 5,946 tons of concrete/asphalt/rubble recycled from
the City of La Quinta, along with 693 tons of sand, 111 tons of gypsum, 1,366 tons of sod/dirt and 158 tons of construction
demolition materials. SA Recycling also noted 142 tons of concrete for the period of January through October 2014. No
reporting was received for the months of November and December 2014.
5000-ED-ELC (Electronic (radio ,TV, web, hotlines))
Current Status: SO - Selected and OngoingProgram Start Year: 1990 Existed before 1990: Yes
Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: Yes
:
Jurisdiction Notes
The City's preferred mechanism for communicating with its residents is the internet. The City maintains a Waste and
Recycling page as a part of the Municipal website; a trusted source of information for its residents. the website can be
found here: http://www.la-quinta.org/our-community/going-green/waste-recycling. Additionally, the City posts special
community clean up events on the City's website in the Calendar section. Events include but are not limited to the
following: used oil filter collection, document shred events, used tire collection/amnesty, household hazardous waste
collection for one-day events and permanent facilities in the Coachella Valley.
5010-ED-PRN (Print (brochures, flyers, guides, news articles))
Current Status: SO - Selected and OngoingProgram Start Year: 1990 Existed before 1990: Yes
Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: Yes
:
Jurisdiction Notes
The City publishes regular articles and event notifications in various media formats (i.e. newsletter, special weekly
notifications to City Council and other stakeholders, City website - dedicated page and community calendar, Burrtec
website and print notifications) pertaining to waste and recycling which are also shared with the local media. The City again
produced flyer-ads and schedules at City offices for the following programs: Commercial Recycling, Sharps disposal,
Bulky-Item Collection, Backyard Composting, Shred Day and HHW Events. With the cooperation of Burrtec, the City
produced a Waste and Recycling Services brochure, which was again mailed (annually) to all City residents and will be
updated as needed.
5020-ED-OUT (Outreach (tech assistance, presentations, awards, fairs, field trips))
Current Status: SO - Selected and OngoingProgram Start Year: 1990 Existed before 1990: Yes
Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: Yes
:
Jurisdiction Notes
For the reporting period (2014), Burrtec provided staff resources to further recycling efforts in La Quinta. The staff resource
was a full time employee of Burrtec with the title of Recycling Coordinator. This individual interacts with all aspects of the
community on solid waste collection, recycling and disposal. More specifically, the Recycling Coordinator works with the
commercial sector by promoting recycling. Additionally, duties also include preparing and presenting presentations to the
commercial sector as well as schools in La Quinta. In fact, at the end of the reporting period, approximately 80 percent
compliance was obtained for AB 341. The City continues to further these efforts by providing information on the website
and fielding calls from all customers within the community. In May 2014, HF and H Consultants (the administrator) for the
oil filter exchange program on behalf of the Coachella Valley Association of Governments developed a poster contest with
the local elementary school age children. Prizes were awarded including the winning pictures being part of an annual wall
calendar that was disseminated through each local municipality.
5030-ED-SCH (Schools (education and curriculum))
Page 10 of 13
394
La Quinta ( 2014)
Annual Report Summary:
Current Status: SO - Selected and OngoingProgram Start Year: 1995 Existed before 1990: No
Selected in SRRE: Yes
Report Year Diversion Tons: 0
Owned or Operated: No
:
Jurisdiction Notes
In 2014, Burrtec's recycling coordinator provided (upon request) presentations and educational outreach to Desert Sands
Unified School District elementary, middle schools and high school. Additionally, Desert ARC maintains a recycling
relationship with La Quinta High School for the purposes of recycling various commodities that then fund educational
opportunities for the Coachella Valley's special needs population.
6000-PI-PLB (Product and Landfill Bans)
Existed before 1990: Yes
Current Status: SO - Selected and OngoingProgram Start Year: 1990
Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: No
:
Jurisdiction Notes
Although WellDyne has and sporadically continues to collect sharps in La Quinta, Burrtec provides sharps collection to La
Quinta residents at no charge and has a mail service. In 2014, Burrtec collected 185 total sharps and matched its collection
amount from the year prior.
6010-PI-EIN (Economic Incentives)
Current Status: AO - Alternative and OngoingProgram Start Year: 1999 Existed before 1990: No
Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: Yes
Selected Program Details:
Discounts | Franchise Fee | Unlimited recycling
:
Jurisdiction Notes
In the reporting year, no changes were implemented regarding the assessment of a commercial recycling fee. For
residential collection, the monthly solid waste collection is placed on the property tax rolls. This mechanism provides for
approximately a $1.43/month/residence reduction in billing costs. Burrtec's rate maximums are approved annually by the
City Council and may revert to standardized billing and collection at some point in the future.
6020-PI-ORD (Ordinances)
Current Status: SO - Selected and OngoingProgram Start Year: 1995 Existed before 1990: No
Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: Yes
Selected Program Details:
Mandatory residential greenwaste | Mandatory residential recycling | Mandatory waste collection | Recycled content
procurement
:
Jurisdiction Notes
In 2014, the City did not have a C & D diversion ordinance in place, however, environmentally sound building concepts are
encouraged, beginning with the permitting process. When applying for a permit for new construction, contractors are
provided information on the CAL Green building standards code. As a condition of permitting, builders are instructed to
submit a Debris Management Plan (DMP) identifying what materials they intend to recycle from their project in order to
comply with the diversion requirements. They are instructed to contact Burrtecs Recycling Coordinator or District
Environmental Coordinator (DEC) for no-cost assistance in preparing the plan. The DEC helps the builder identify which
waste materials can be recycled/reused locally and which cannot. The DEC also instructs the builders how to accomplish
diversion through source separation. Most builders find compliance affordable since recycling material locally is cheaper
than landfilling, however, challenges apply in some master-planned communities with constructing new single family
dwelling units. These challenges are primarily a result of differentiating space and color coding of recycling containers
within each development.
7000-FR-MRF (MRF)
Current Status: SO - Selected and OngoingProgram Start Year: 1997 Existed before 1990: No
Page 11 of 13
395
La Quinta ( 2014)
Annual Report Summary:
Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: No
:
Jurisdiction Notes
In the reporting year, Burrtec accepted a limited amount of food waste for processing (as noted in previous annual reports).
These figures were previously reported in section 3040-CM-FWC.
7010-FR-LAN (Landfill)
Existed before 1990: No
Current Status: SO - Selected and OngoingProgram Start Year: 1992
Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: No
:
Jurisdiction Notes
In 2014, there were no significant changes to noted for this section.
7030-FR-CMF (Composting Facility)
Current Status: SO - Selected and OngoingProgram Start Year: 1990 Existed before 1990: Yes
Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: No
:
Jurisdiction Notes
Closure of Cal Biomass in Thermal in September 2013. Burrtec operates Coachella Valley Compost (CVC) in Coachella,
which has been in operation since 2000 and is looking to amend their current permitting to expand from a maximum of 250
TPD of green waste and up to 12,500 GPD of grease, to to 785 TPD and 55,000 GPD, respectively. Currently, Burrtec is
underway in the required CEQA process for expansion of this facility.
7040-FR-ADC (Alternative Daily Cover)
Current Status: AO - Alternative and OngoingProgram Start Year: 1996 Existed before 1990: No
Report Year Diversion Tons: .09 Selected in SRRE: No
Owned or Operated: Yes
:
Jurisdiction Notes
In 2014, the County of San Bernardino, Landers Landfill accepted 0.09 tons of ADC - C & D with La Quinta being reported
as the origin location. No other known ADC was reported for La Quinta for 2014.
8010-TR-BIO (Biomass)
Current Status: AO - Alternative and OngoingProgram Start Year: 2000 Existed before 1990: No
Report Year Diversion Tons: 0 Selected in SRRE: No
Owned or Operated: Yes
:
Jurisdiction Notes
Cal Biomass in Thermal closed in September 2013. Burrtec operates Coachella Valley Compost (CVC) in Coachella, which
has been in operation since 2000 and is looking to amend their current permitting to expand from a maximum of 250 TPD
of green waste and up to 12,500 GPD of grease, to to 785 TPD and 55,000 GPD, respectively. This facility is currently
under CEQA review for expansion.
9000-HH-PMF (Permanent Facility)
Current Status: SO - Selected and OngoingProgram Start Year: 1995 Existed before 1990: No
Selected in SRRE: Yes
Report Year Diversion Tons: 0
Owned or Operated: No
:
Jurisdiction Notes
There were no reports received by the city of La Quinta by certified used oil centers during 2014.
Page 12 of 13
396
La Quinta ( 2014)
Annual Report Summary:
9010-HH-MPC (Mobile or Periodic Collection)
Current Status: SO - Selected and OngoingProgram Start Year: 1990 Existed before 1990: Yes
Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: No
:
Jurisdiction Notes
La Quinta residents participated in two mobile household hazardous waste events held in the City of La Quinta in March
and December 2014, held by the Riverside County Waste Management Department. These events were advertised
through e-flyers with City website promotion, and advertisement in the citys newsletter. In the same reporting period, a
used oil/filter recycling event was held at a local AutoZone auto parts store on May 17th that collected 180 gallons of used
oil and 74 used oil filters.
9020-HH-CSC (Curbside Collection)
Existed before 1990: No
Current Status: SO - Selected and OngoingProgram Start Year: 1991
Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: Yes
:
Jurisdiction Notes
Burrtec did not report curbside collection of waste oil for the 2014 reporting period.
9030-HH-WSE (Waste Exchange)
Current Status: PF - Planned in FutureProgram Start Year: 1997 Existed before 1990: No
Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: No
:
Jurisdiction Notes
There was no reported data for 2014 for waste paint collected and being repurposed/reused for alternative activities.
9040-HH-EDP (Education Programs)
Current Status: SO - Selected and OngoingProgram Start Year: 1990 Existed before 1990: Yes
Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: Yes
:
Jurisdiction Notes
In 2014, the City provided educational opportunities in the following ways: announcement and identification of providers of
related programming; education of applicable business owners and multi-family apartment facilities in accordance with AB
341 requirements; development of construction management plans for demolition waste and recycling; paper recycling
through shred events; collections of household hazardous wastes including used oil filters; and specialized presentations
primarily within the local school district on recycling and waste diversion awareness. The various forms of education were
provided (as discussed in previous sections) through medium including: hard copy (newsletter, flyers, mailers, handouts),
online (City and Burrtec website) and radio announcements.
9050-HH-OTH (Other HHW)
Current Status: SO - Selected and OngoingProgram Start Year: 2010 Existed before 1990: Yes
Report Year Diversion Tons: 9.35 Selected in SRRE: No
Owned or Operated: Yes
:
Jurisdiction Notes
In 2014, Burrtec reported 9.35 tons of household hazardous waste, characterized as 'other'. A likely factor of this
characterization is contamination of other categories that required further processing.
Page 13 of 13
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DEPARTMENTREPORT:3A
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III W a
...... L IIII YtG
.:...iii.., C� LYNC.�:iii.... viii iii iii aGi
) iii ...iii..
C 0: The Honorable Mayor and Members of the City Council
ON k Anthony Moreno, Code Compliance/Animal Control Supervisor
II:' IC III::: September 15, 2015
F. Code Compliance Community Outreach
A community outreach effort is underway to identify code compliance activities
residents consider most important. The community's interest will be useful in
prioritizing code activities, maintaining and improving the appearance of
neighborhoods, retaining property values, and increasing the enjoyment and
use of properties.
The outreach consists of an on-line survey at www.surve onkey.co 2QX
and two community meetings: Thursday, September 10 from 4:00 p.m. to 7:00
p.m. at the La Quinta Museum; and Thursday, September 17 from 4:00 p.m. to
7:00 p.m. at Homewood Suites. Residents who attend these meetings can
provide information to staff as well as rank visual examples of code violations.
Promotion for the survey and meetings is provided for by the City's Facebook
page, Nextdoor app, and on the City's website calendar. Promotion is
completely digital as the GEM newsletter was in production prior to the
confirmation of meeting dates and locations. Upon announcing the survey
online, survey responses rose from 13 to 180 overnight.
Resident input from the survey and community meetings will be brought before
City Council in early October for discussion regarding the possibility of
outsourcing animal control to the County to enable City staff to provide greater
emphasis on municipal code compliance issues.
EIIQN
I
408
5A
DEPARTMENT REPORT ITEM NO.
City of La Quinta
CITY COUNCIL MEETING
September 15, 2015
DEPARTMENT REPORT
TO: The Honorable Mayor and Members of the City Council
FROM: Edie Hylton, Deputy City Manager
DATE: September 15, 2015
SUBJECT: COMMUNITY SERVICES REPORT JULY 2015
Upcoming events of the Community Services Department for September 2015:
Daily Activities
Social Bridge
Mah Jongg
Advance Ukulele
Chair Massage and Sample
Vitamin B-12 Injections
Events
September Luncheon
9/11 Candlelight Vigil, Civic Center Campus
Fitness
Morning Workout
Mat Pilates
Chair Exercise
Sunrise Yoga
Sunset Yoga
Tai Chi Balance & Strength
Tai Chi Chuan
Tai Chi Intermediate
Leisure
La Quinta Glee 7-14yrs
Ballroom Dance Beginning & Intermediate
AARP Safe Driver
*Dance, Play and Pretend, La Quinta High School & B&G Club
*Beginning Ballet, La Quinta High School
Sports/Aquatics
Rojas Taekwondo
Tiny Tigers
*Rojas Martial Arts, La Quinta High School
*Open Gym (Volleyball/Basketball), B&G Club
*Swim Lessons, Fritz Burns Pool
409
*Pre-Swim Team/Stroke Clinic, Fritz Burns Pool
*Water Aerobics, Fritz Burns Pool
*Y Rookies Soccer Ages 3-5, Colonel Mitchell Paige
*Youth Tennis, Fritz Burns Park
*Denotes classes/events held at other locations
410
Community Services Department
Attendance Report for July 2015
Summary Sheet
Sessions Per Month
Program20152014Variance20152014
Leisure Classes13766715235
Special Events35017018022
Sports446584-1382223
Wellness Center18512560648
Wellness Center (Free Services)48610438210226
Total1,6041,04955524294
Wellness Center Fitness
Fitness Center4,05004,050810
Total4,05004,050810
Sports User Groups
La Quinta Park
NO LA QUINTA PARK
AYSO
FIELD USAGE DUE TO SUMMER
Friday Night Lights
FIELD REHABILITATION
Desert Boot Camp
Sports Complex
La Quinta Youth & Sports75150-75623
Colonel Mitchell Paige
Desert United Soccer Club25025180
Facility/Park Rentals
Wellness Center
(Private Party)00000
Library
(Sunday Church)300300044
Classroom500750-2501015
Community Room300030060
Museum
Meeting Room150001500250
Boys & Girls Club Gym
(Sunday Church)40010030041
Civic Center Campus
(Private Party)00000
Park Rentals
La Quinta Park 5050011
Fritz Burns Park00000
Total3,1501,3501,8007444
Total Programs8,8042,3996,405397138
Volunteer Hours
Wellness Center 104257-153
Total Volunteer Hours104257-153
411
Community Services Department
Program Report for July 2015
2015201420152014
ParticipantsParticipantsVarianceMeetingsMeetings
Leisure Classes
La Quinta Glee3603650
Ballroom Dancing80840
Sunset Yoga1401470
Taekwondo 4 - 8 (Beg.)1015-598
Taekwondo 4 - 8 41202198
(Inter.)
Taekwondo 9yrs-Up1322-998
Rojas Martial Arts 4 - up159698
Totals *13766715232
2015201420152014
ParticipantsParticipantsVarianceMeetingsMeetings
Special Events
Moonlight Movies At The Pool35017018022
Totals35017018022
2015201420152014
ParticipantsParticipantsVarianceMeetingsMeetings
Sports
Open Gym Basketball208267-59910
Open Gym Volleyball96178-8299
Golf Tour, Shadow Ridge2933-411
Golf Tour, SilverRock3535011
Golf Tour, PGA West - Nicklaus3738-111
Golf Tour, Indian Wells C.C.4133811
Totals446584-1382223
Community Services Totals9338201137657
* Wellness Center was closed for facility expansion at this time last year, and only a
minimal number of classes were relocated to other facilities. Therefore, participation
numbers in 2014 are significantly lower than this year.
412
Wellness Center Program Report for July 2015
ParticipationParticipationVarianceMeetingsMeetings
Fitness Center2015201420152014
Fitness Member Visits385103851270
Daily Fitness Drop-ins @ $562062270
Memberships Sold1370137270
Fitness Center Total405004050810
ParticipationParticipationVarianceMeetingsMeetings
2015201420152014
Volunteers
Wellness Center1124-13n/an/a
Hours104257-153n/an/a
ParticipationParticipationVarianceMeetingsMeetings
2015201420152014
Wellness Activities/Social Services (Free)
Wellness Activities48610438210226
Wellness Activities/Services Total48610438210226
ParticipationParticipationVarianceMeetingsMeetings
2015201420152014
Wellness Classes/ Programs
Fitness
Sunrise Yoga1101180
Mat Pilates12012130
Morning Workout25025130
Leisure
Chair Massage60640
Tiny Tigers60680
July Luncheon4366-2311
Art Attack & Piano Party Beginners1701790
Open Game Play
Bridge: Social2224-242
Mah Jongg4335845
Wellness Classes/Programs Total18512560648
WELLNESS CENTER TOTAL4721229449224734
413
Community Services Department
Monthly Revenue Report for July 2015
Monthly Revenue - Facility Rentals20152014Variance
Library 919.00$ $ 1,181.00$ (262.00)
Museum$ 910.00$ -$ 910.00
Wellness Center$ 262.50$ -$ 262.50
Parks$ 65.00$ 90.00$ (25.00)
Sports Fields$ 1,375.00$ 200.00$ 1,175.00
Monthly Facility Revenue $ 3,531.50$ 1,471.00$ 2,060.50
Monthly Revenue
Wellness Center$ 1,420.00$ 1,544.00$ (124.00)
Fitness Memberships & Daily Passes$ 7,235.00$ 7,235.00-$
Community Services $ 6,622.00$ 3,363.00$ 3,259.00
Total Revenue$ 15,277.00$ 4,907.00$ 10,370.00
Revenue Year to Date
Facility Revenue$ 3,531.50$ 1,471.00$ 2,060.50
Wellness Center$ 1,420.00$ 1,544.00$ (124.00)
Fitness Memberships & Daily Passes$ 7,235.00$ 7,235.00-$
Community Services$ 6,622.00$ 3,363.00$ 3,259.00
Total Revenue to Date$ 18,808.50$ 6,378.00$ 12,430.50
414
#jAff%jA,jrMaA,rd AMf@ir;j&j,r0AWV
City
0 f I...... a C." iii iii -I t
m ::..I.. .XA I ..I.. [NG September 15, 2015
::.
C 0: The Honorable Mayor and Members of the City Council
C 0 M: Edie Hylton, Deputy City Manager
:: IC IV::w September 15, 2015
SUI1JIV::(. IC w LIBRARY AND MUSEUM QUARTERLY REPORT FOR APRIL THROUGH
JUNE 2015
The Library and Museum Quarterly Report for April through June 2015 is
attached.
UP
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424
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C 0: The Honorable Mayor and Members of the City Council
C(M: Timothy R. Jonasson, P.E., Public Works Director/City Engineer
DAIC IV::: September 15, 2015
SUIIC:IjIV:: IC: PUBLIC WORKS DEPARTMENT REPORT FOR JULY AND AUGUST 2015
1. For the month of July, the total for all maintenance expenditures
recorded in GORequest was $71,789, with street sweeping, irrigation/
weeds/shrub/tree trimming, debris removal/right-of-way maintenance,
pothole/street repairs, and graffiti removal being among the highest
tasks in terms of cost. Public Works maintenance workers recorded
1,268 task hours associated with this work. A detailed breakdown of
tasks and associated costs is presented in the attached pie chart
(Attachment 1).
2. For the month of August, the total for all maintenance expenditures
recorded in GORequest was $91,776, with street sweeping, graffiti
removal, and irrigation/weeds/shrub/tree trimming being among the
highest tasks in terms of cost. Public Works maintenance workers
recorded 1,480 task hours associated with this work. A detailed
breakdown of tasks and associated costs is presented in the attached pie
chart (Attachment 2).
3. Residents continue to submit customer satisfaction surveys through the
GORequest system. The Public Works Department received ten surveys
in the months of July and August, 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 3:
100 percent of respondents rated Employee Courtesy as
"Superior” or "Good"
• 86 percent of respondents rated Employee Effectiveness as
"Superior" or "Good"
• 80 percent of respondents indicated "Exceeded" or "Met" under
Expectations Met
70 percent of respondents rated Response Times as "Superior" or
"Good"
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426
427
428
ATTACHMENT 1
429
430
ATTACHMENT 2
431
432
ATTACHMENT 3
433
434
435
436
REPORTANDINFORMATIONALITEMNO.21
PLANNING COMMISSION
MINUTES
TUESDAY, JULY 14, 2015
CALL TO ORDER
A regular meeting of the La Quinta Planning Commission was called to order at 7:04 p.m.
by Chairperson Wright.
PRESENT: Commissioners Bettencourt, Blum, Fitzpatrick, Wilkinson, and Wright
ABSENT: None
STAFF PRESENT: Community Development Director Les Johnson, Planning Manager
Gabriel Perez, Principal Engineer Bryan McKinney, Associate Planner
Jay Wuu, and Executive Assistant Monika Radeva
Commissioner Wilkinson led the Commission in the Pledge of Allegiance.
APPOINTMENT OF OFFICERS
1. Appointment of Planning Commission Chairperson
Motion A motion was made and seconded by Commissioners Bettencourt/Blum to
nominate Vice Chairperson Wilkinson as Chairperson. Motion passed unanimously.
2. Appointment of Planning Commission Vice Chairperson
Motion A motion was made and seconded by Commissioners Fitzpatrick/Wilkinson
to nominate Commissioner Bettencourt as Vice Chairperson. Motion passed
unanimously.
PUBLIC COMMENT
None
CONFIRMATION OF AGENDA
Confirmed
APPROVAL OF MINUTES
Motion A motion was made and seconded by Commissioners Fitzpatrick/Blum to approve
the Planning Commission Minutes of June 23, 2015, as submitted. AYES: Commissioners
Blum, Fitzpatrick, and Chairperson Wilkinson. NOES: None. ABSENT: None. ABSTAIN:
Commissioners Bettencourt and Wright.
PLANNING COMMISSION MINUTES 1 JULY 14, 2015
437
PUBLIC HEARINGS
1. Continued from June 23, 2015 Zoning Ordinance Amendment 2015-0001
submitted by the City of La Quinta proposing to amend Title 9, Section 9.150.060,
Spaces Required by Use, of the La Quinta Municipal Code to allow for the a reduced
number of required parking spaces for properties within the Village Commercial
Zoning District. CEQA: exempt from environmental review pursuant to Section 15061
(B)(3), Review for Exemptions of the CEQA Guidelines.
Associate Planner Jay Wuu presented the information contained in the staff report, a
copy of which is on file in the Community Development Department.
Associate Planner Wuu noted that Marvin Investments, Inc. had submitted a letter
dated July 14, 2015, copies of which were distributed to the Commission, expressing
Mr. Marvins support of the proposed reduced parking requirements for properties
located within the Village Commercial Zoning District.
Commissioner Blum said he was supportive of a village-type concept for the Village
and it would likely be beneficial to the existing businesses in the area. He expressed
a concern that a 50% reduction in parking requirements might be excessive and that
a 25% reduction might be more appropriate.
Community Development Director Johnson explained the different options of parking
reduction that were originally proposed and said that based on the comments
received from several business owners, Council had directed staff to move forward
with the 50% reduction.
Commissioner Bettencourt said he was in support of the proposal as it was only for
an interim period of time and the City was already working alternative options to
amend the existing parking requirements permanently.
Commissioner Fitzpatrick said that she was in support of the proposal as long as it
was being monitored.
General discussion followed regarding the existing and proposed parking
requirements and the undergoing Village Build Out Plan.
Public Speaker: Mr. Robert Novello, La Quinta, CA introduced himself and said he
was very much in support of the proposed reduction in parking requirements for the
Village Commercial Zoning District. He noted he would like to have an opportunity to
expand his business and this change would allow him to proceed with such
expansion. He said the Village currently had sufficient parking available and could
accommodate possible future expansions.
PLANNING COMMISSION MINUTES 2 JULY 14, 2015
438
Chairperson Wilkinson declared the PUBLIC HEARING CLOSED at 7:29 p.m.
Vice Chair Bettencourt said he would like for the parking reduction period to begin
from the day the ordinance goes into effect.
Commissioner Wright said he thought a 75% reduction would be more appropriate,
but he was in support of the proposed 50% reduction.
Motion A motion was made and seconded by Commissioners
Bettencourt/Fitzpatrick to adopt Resolution 2015-007 recommending to the City
Council approval of Zoning Ordinance Amendment 2015-0001 as submitted with
staffs recommendations. Motion passed unanimously.
BUSINESS SESSION
None
CORRESPONDENCE AND WRITTEN MATERIAL
None
COMMISSIONER ITEMS
1. Discussion of the Commissions Summer Schedule the Commission will be dark
during the month of August.
2. Report on City Council meeting of July 7, 2015.
3. Commissioner Wright is scheduled to attend the July 21, 2015, City Council
meeting.
DIRECTORS ITEMS
1. Electronic distribution of the Planning Commission packet.
2. Community Development Director Johnson introduced Planning Manager Gabriel
Perez to the Commission.
3. Upcoming development code review and update through the collaboration of staff
and an Ad-hoc Committee.
ADJOURNMENT
There being no further business, it was moved and seconded by Commissioners
Wright/Fitzpatrick to adjourn this meeting at 8:10 p.m. Motion passed unanimously.
PLANNING COMMISSION MINUTES 3 JULY 14, 2015
439
Respectfully submitted,
MONIKA RADEVA, Executive Assistant
City of La Quinta, California
PLANNING COMMISSION MINUTES 4 JULY 14, 2015
440
CALL TO ORDER
REPORT AND INFORMATIONAL ITEM NO. 22
HISTORIC PRESERVATION COMMISSION
MINUTES
THURSDAY, MARCH 19, 2015
A regular meeting of the La Quinta Historic Preservation Commission was called to
order at 3:05 p.m. by Principal Planner Wally Nesbit.
PRESENT: Commissioners Leila Namvar, Maria Puente, Linda Williams and
Chairperson Kevin Maevers
ABSENT: Commissioner Redman
STAFF PRESENT: Principal Planner Wally Nesbit and Executive Assistant Monika
Radeva
Chairperson Maevers led the Commission in the Pledge of Allegiance.
PUBLIC COMMENT - None
CONFIRMATION OF AGENDA- Confirmed
APPROVAL OF MINUTES
Motion - A motion was made and seconded by Commissioners Puente/Namvar to
approve the Historic Preservation Commission Minutes of February 19, 2015, as
submitted. AYES: Commissioners Maevers, Namvar, and Puente. NOES: None.
ABSENT: Commissioners Redman and Williams. ABSTAIN: None.
BUSINESS SESSION
1. Historic Preservation Commission Education Series 2015 - California
Preservation Foundation Webinar: "How Old is Too Old? Completing and
Updating Historic Resource Survey."
Commissioner Williams joined the meeting at 3:45 p.m.
Commissioner Puente left the meeting at 4:10 p.m.
CORRESPONDENCE AND WRITTEN MATERIAL - None
REPORTS AND INFORMATIONAL ITEMS - None
HISTORIC PRESERVATION COMMISSION
MINUTES 1
MARCH 19, 2015
COMMISSIONER ITEMS
1. Historic Preservation Conference will be held in San Diego, California, from April
29 through May 2, 2015.
ADJOURNMENT
There being no further business, it was moved and seconded by Commissioners
Williams/Namvar to adjourn this meeting at 4:31 p.m. AYES: Commissioners Maevers,
Namvar, and Williams. NOES: None. ABSENT: Commissioners Puente and Redmon.
ABSTAIN: None.
Respectfully su mitted,
MONIKA RADEVA, xecutive Assistant
City of La Quinta, California
HISTORIC PRESERVATION COMMISSION
MINUTES
MARCH 19, 2015
0150
CALL TO ORDER
REPORT AND INFORMATIONAL ITEM NO. 23
ARCHITECTURAL AND LANDSCAPING
REVIEW BOARD
MINUTES
WEDNESDAY, MARCH 18, 2015
A special meeting of the La Quinta Architectural and Landscaping Review Board was
called to order at 10:00 a.m. by Principal Planner Wally Nesbit.
PRESENT: Board Members Richard Gray and Kevin McCune
ABSENT: Board Member Ray Rooker
STAFF PRESENT: Principal Planner Wally Nesbit, Consultant Principal Planner Nicole
Criste, and Executive Assistant Monika Radeva
Principal Planner Nesbit led the Board into the Pledge of Allegiance.
PUBLIC COMMENT - None
CONFIRMATION OF AGENDA - Confirmed
APPROVAL OF MINUTES
Motion - A motion was made and seconded by Board Members McCune/Gray to approve
the Architectural and Landscaping Review Board Minutes of November 19, 2014, as
submitted. AYES: Board Members Gray and McCune. NOES: None. ABSENT: Board
Member Rooker. ABSTAIN: None.
BUSINESS SESSION
1. Site Development Permit 2014-1007 submitted by Peter J. Pitassi proposing the
development of a single family subdivision consisting of 57 homes on 21.28 acres.
Project: The Estate Collection at Coral Mountain. Location: southwest corner of
Madison Street and Avenue 60.
Consultant Principal Planner Nicole Criste presented the information contained in
the staff report, a copy of which is on file in the Community Development
Department.
Mr. Peter J. Pitassi, AIA, LEED AP with Diversified Pacific, Rancho Cucamonga, CA -
introduced himself, gave a brief presentation of the project, and answered the
ARCHITECTURAL AND LANDSCAPING SPECIAL MEETING
REVIEW BOARD MINUTES 1 MARCH 18, 2015
443
Boards questions with regards to access to the CVWD dyke, plant palette and size,
driveway pavement options, the lack of a fireplace feature, the architectural style,
and access gates along Avenue 60.
Motion A motion was made and seconded by Board Members McCune/Gray
recommending approval of Site Development Permit 2014-1007, as submitted
with staffs recommendations. AYES: Board Members Gray and McCune. NOES:
None. ABSENT: Board Member Rooker. ABSTAIN: None.
2. Site Development Permit 2014-1003 submitted by Griffin Ranch Investors LP
proposing the construction of 78 new single-family homes, a 3,600 square-foot
community building, and common recreation areas on an approximately 40 acre
parcel. Project: The Estates at Griffin Lake. Location: south side of Avenue 54, half
a mile east of Madison Street (81345 Avenue 54).
Principal Planner Nesbit presented the information contained in the staff report, a
copy of which is on file in the Community Development Department.
Mr. Paul DePalatis, AICP, Director of Planning Services with MSA Consulting, Inc.,
Palm Desert, CA introduced himself, gave a brief description of the project, and
answered the Commissions questions with regards to architectural style, water
savings realized through the use of the proposed lake, and the retention capacity
of the lake.
Mr. Ronald Gregory, A.S.L.A., President with RGA Landscape Architects, Inc., Palm
Desert, CA introduced himself, gave a detailed presentation of the proposed
landscaping for the project, and answered the Boards questions with regards to
the proposed lake and the front entry water feature.
Mr. Mark Majer, Director with MDM Investment Group, Newport Beach, CA
introduced himself and answered the Boards questions with regards to the
existing lake on the property being currently supplied by potable water, as well as
the canal water supply and filtration for the proposed lake for the project.
Mr. Greg Bucilla, President with BGA Bucilla Group Architecture, Inc., Irvine, CA
introduced himself and answered the Boards questions with regards to the lack of
shower facilities at the fitness center, the turn-around before the front entry
gates, the color palette, and explained that the size of the proposed driveways for
the homes were wider than the standard requirement allowing for some
unobstructed pedestrian movement even if parked vehicles were present.
Mr. Ian Harbey, Director with MDM Investment Group, Newport Beach, CA
introduced himself and answered the Boards questions with regards to the front
door sidewalk not extending all the way to the street.
ARCHITECTURAL AND LANDSCAPING SPECIAL MEETING
REVIEW BOARD MINUTES 2 MARCH 18, 2015
444
Board Member Gray suggested that the applicant consider extending the front
entry pedestrian pathway from the front door to the street.
Motion A motion was made and seconded by Board Members Gray/McCune
recommending approval of Site Development Permit 2014-1003 as submitted with
staffs recommendations, and the addition of the following condition of approval:
The applicant shall consider incorporation of a pedestrian pathway that provides
direct access from the street to the front door areas of the homes.
AYES: Board Members Gray and McCune. NOES: None. ABSENT: Board Member
Rooker. ABSTAIN: None.
CORRESPONDENCE AND WRITTEN MATERIAL
None
REPORTS AND INFORMATIONAL ITEMS
None
BOARD MEMBER ITEMS
- None
ADJOURNMENT
There being no further business, a motion was made and seconded by Board Members
Gray/McCune to adjourn this meeting at 11:09 a.m. AYES: Board Members Gray and
McCune. NOES: None. ABSENT: Board Member Rooker. ABSTAIN: None.
Respectfully submitted,
MONIKA RADEVA, Executive Assistant
City of La Quinta, California
ARCHITECTURAL AND LANDSCAPING SPECIAL MEETING
REVIEW BOARD MINUTES 3 MARCH 18, 2015
445