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2015 10 06 CCClick here to return to Agenda City Council agendas and staff reports are now available on the City's web page: www.la-quinta.org CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 78-495 Calle Tampico, La Quinta REGULAR MEETING ON TUESDAY, OCTOBER 6, 2015 3:00 P.M. CLOSED SESSION 1 4:00 P.M. OPEN SESSION CALL TO ORDER ROLL CALL: Councilmembers: Franklin, Osborne, Pena, Radi, Mayor Evans PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "Request to Speak" form and limit your comments to three minutes. The City Council values your comments; however in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by GC 54954.2(b). CLOSED SESSION 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (FIRST QUARTERLY REVIEW) PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION - CITY MANAGER 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). CITY COUNCIL AGENDA OCTOBER 6, 2015 Click here to return to Agenda CONFIRMATION OF AGENDA ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. FLOOD CONTROL PREPARATIONS FOR EL NINO CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAGE 1. APPROVE MINUTES OF SEPTEMBER 15, 2015 7 2. APPROVE DEMAND REGISTERS DATED SEPTEMBER 4, 11, 18 AND 25, 17 2015 3. AWARD PROFESSIONAL SERVICES AGREEMENT TO HERMANN 45 DESIGN GROUP TO PROVIDE ON -CALL PROFESSIONAL LANDSCAPE ARCHITECT SUPPORT SERVICES 4. APPROVE COOPERATIVE AGREEMENT WITH CITY OF INDIO FOR 75 DESIGN AND CONSTRUCTION OF TRAFFIC SIGNAL IMPROVEMENTS AT JEFFERSON STREET AND DUNBAR DRIVE 5. APPROVE VETERAN NOMINATIONS FOR INCLUSION ON VETERANS' 87 ACKNOWLEDGEMENT AREA SCULPTURE AT CIVIC CENTER CAMPUS 6. DENY CLAIM FOR DAMAGES FILED BY JOY ODEN; DATE OF LOSS - 89 APRIL 10, 2015 7. DENY CLAIM FOR DAMAGES FILED BY CARMEN GASCON; DATE OF 91 LOSS - JULY 15, 2015 8. DENY CLAIM FOR DAMAGES FILED BY ALICIA MALDONADO; DATE OF 93 LOSS - JULY 23, 2015 9. ADOPT RESOLUTION GRANTING CONDITIONAL APPROVAL OF FINAL 95 PARCEL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PROPERTY LOCATED ON THE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 47 (WASHINGTON PARK COMMERCIAL DEVELOPMENT) [RESOLUTION 2015-0431 10. APPROVE ASSIGNMENT AND ASSUMPTION AGREEMENT FOR 117 CAPISTRANO DEVELOPMENT LOCATED SOUTH OF AIRPORT BOULEVARD, WEST OF MONROE STREET, AND NORTH OF AVENUE 58 CITY COUNCIL AGENDA 2 OCTOBER 6, 2015 K Click here to return to Agenda PAGE 11. ADOPT RESOLUTION TO EXTEND TIME TO COMPLETE OFF -SITE AND 133 ON -SITE IMPROVEMENTS FOR SIGNATURE RESIDENTAL DEVELOPMENT, LOCATED WITHIN PGA WEST DEVELOPMENT ON PGA BOULEVARD [RESOLUTION 2015-0441 12. AUTHORIZE OVERNIGHT TRAVEL FOR PERMIT OPERATIONS 139 SUPERVISOR AND EXECUTIVE ASSISTANT TO ATTEND THE SUNGUARD PUBLIC SECTOR 2015 ANNUAL TRAKIT USER CONFERENCE IN SAN DIEGO, CALIFORNIA, OCTOBER 21-23, 2015 13. AUTHORIZE OVERNIGHT TRAVEL FOR ONE PERMIT TECHNICIAN TO 141 ATTEND THE CALIFORNIA BUILDING OFFICIALS TRAINING INSTITUTE 2015 EDUCATION WEEK ON OCTOBER 26-27, 2015 IN ONTARIO, CALIFORNIA 14. APPROVE SETTLEMENT AGREEMENT BETWEEN CITY OF LA QUINTA 143 AND DEVELOPERS SURETY AND INDEMNITY COMPANY RELATED TO SUBDIVISION IMPROVEMENT AGREEMENT FOR TRADITION CLUB SUBDIVISION STUDY SESSION (Part 1) 1. INTERVIEWS WITH LOBBYIST SERVICES FIRMS 153 BUSINESS SESSION 1. APPROVE FIRST ROUND COMMUNITY SERVICES GRANTS AND 295 FUNDING REQUESTS 2. APPROVE REDUCTION OF REGULAR CITY COUNCIL MEETINGS 303 DURING DECEMBER 2015 AND JANUARY 2016 TO ONE PER MONTH BY CANCELLING REGULAR MEETINGS OF DECEMBER 15, 2015 AND JANUARY 5, 2016 3 INTRODUCE ORDINANCE AMENDING, ADDING AND DELETING 305 VARIOUS CHAPTERS OF MUNICIPAL CODE TITLE 3 RELATING TO REVENUE AND FINANCE [ORDINANCE 5291 4 ADOPT FOUR RESOLUTIONS SETTING POLICIES AND PROCEDURES 361 FOR PURCHASING AND CONTRACTING, DISPOSING OF SURPLUS GOODS, PROCESSING CLAIMS AGAINST THE CITY, AND APPLYING FOR AND ACCEPTING GRANTS [RESOLUTIONS 2015-045, 2015-046, 2015-047 AND 2015-0481 CITY COUNCIL AGENDA 3 OCTOBER 6, 2015 3 Click here to return to Agenda STUDY SESSION (Part 2) 2. LOGO REVISIONS DISCUSSION PUBLIC HEARINGS - NONE DEPARTMENTAL REPORTS 1. CITY MANAGER 2. CITY ATTORNEY 3. CITY CLERK 4. COMMUNITY DEVELOPMENT REPORT - JULY/AUGUST, 2015 MAYOR'S AND COUNCIL MEMBER'S ITEMS REPORTS AND INFORMATIONAL ITEMS 1. CVAG COACHELLA VALLEY CONSERVATION COMMISSION (Evans) 2. CVAG ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE (Evans) 3. CVAG EXECUTIVE COMMITTEE (Evans) 4. GREATER PALM SPRINGS CONVENTION & VISITORS BUREAU (Evans) 5. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans) 6. COACHELLA VALLEY WATER DISTRICT POLICY COMMITTEE (Evans) 7. SO. CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans) 8. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (Franklin) 9. COACHELLA VALLEY MOUNTAINS CONSERVANCY (Franklin) 10. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (Franklin) 11. SUNLINE TRANSIT AGENCY (Franklin) 12. CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE (Osborne) 13. CVAG PUBLIC SAFETY COMMITTEE (Osborne) 14. CVAG VALLEY -WIDE HOMELESSNESS COMMITTEE (Osborne) 15. DESERT SANDS SCHOOL DISTRICT COMMITTEE (Osborne & Franklin) 16. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (Osborne) 17. EAST VALLEY COALITION (Osborne) 18. ANIMAL CAMPUS COMMISSION (Pena) 19. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) (Radi) 20. CVAG TRANSPORTATION COMMITTEE (Radi) 21. HISTORIC PRESERVATION COMMISSION MINUTES - AUGUST 20, 2015 22. PLANNING COMMISSION MINUTES - JULY 28, 2015 23. COMMUNITY SERVICES COMMISION MINUTES - JULY 13, 2015 ADJOURNMENT CITY COUNCIL AGENDA OCTOBER 6, 2015 ********************************* 4 PAGE 393 397 401 403 405 4 Click here to return to Agenda The next regular meeting of the City Council will be held on October 20, 2015, commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. at the City Hall Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Susan Maysels, City Clerk, of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council meeting was posted on the City's website, near the entrance to the Council Chambers at 78-495 Calle Tampico, and the bulletin boards at the Stater Brothers Supermarket at 78-630 Highway 111, and the La Quinta Cove Post Office at 51-321 Avenida Bermudas, on October 2, 2015. DATED: October 2, 2015 SUSAN MAYSELS, City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's office at 777-7103, twenty- four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangements should be made in advance by contacting the City Clerk's office at 777- 7103. A one (1) week notice is required. If background material is to be presented to the Councilmembers during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting. Any writings or documents provided to a majority of the City Council regarding any item(s) on this agenda will be made available for public inspection at the Community Development counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. CITY COUNCIL AGENDA OCTOBER 6, 2015 Click here to return to Agenda Click here to return to Agenda CONSENT: 1 CITY COUNCIL MINUTES TUESDAY, SEPTEMBER 15, 2015 A regular meeting of the La Quinta City Council was called to order at 3:00 p.m. by Mayor Evans. PRESENT: Councilmembers Franklin, Osborne, Pena, Radi, Mayor Evans ABSENT: None PUBLIC COMMENT ON MATTERS NOT ON AGENDA 1-411011411&9 *�� (�L 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) 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) COUNCIL RECESSED TO CLOSED SESSION AT 3:04 P.M. MAYOR EVANS RECONVENED THE CITY COUNCIL MEETING AT 4:04 P.M. WITH ALL MEMBERS PRESENT. CITY COUNCIL MINUTES SEPTEMBER 15, 2015 7 Click here to return to Agenda CONSENT: 1 City Attorney Ihrke reported on the Closed Session with no reportable action on Closed Session Item Nos. 1 and 3. On Closed Session 2, City Council voted unanimously to pursue a settlement agreement in connection with a City -issued Notice of Default and Termination of a Subdivision and Improvement Agreement between the City and Tradition Club Associates, LLC. The City has already received an offer of settlement by the Developer's Surety and Indemnity Company for $50,000. The City Attorney will bring the final agreement back before Council for final approval at a later date. Councilmember Osborne led the audience in the pledge of allegiance. PUBLIC COMMENT ON MATTERS NOT ON AGENDA PUBLIC SPEAKER: Dr. Ronald Levy, Rancho Mirage — Dr. Levy requested a change to the tobacco retail licensing ordinance to reflect a minimum age requirement of 21, rather than 18. He further stated that his colleagues agree with him and pointed out that age 21 is the minimum requirement to purchase alcohol. Dr. Levy stressed that this is a public health issue and reiterated the health issues associated with smoking. He provided a handout and said there is currently a bill in the State Senate to change the age limit. He requested notification if the City takes action on his request. PUBLIC SPEAKER: Jason Schneider, La Quinta — Mr. Schneider, the new Chairman of the La Quinta Chamber of Commerce, provided a Chamber update and highlighted the new leadership with Interim President, Susie Harvey, who has 40 years of chamber experience. CONFIRMATION OF AGENDA City Manager Spevacek announced that the La Quinta Motorcar dealers would not be making a presentation. City Manager Spevacek stated that staff requested Business Item Nos. 2 and 3 be continued to the October 6, 2015 Council Meeting. Councilmember Franklin requested Consent Item No. 15 be moved to Business Item No. 2. Mayor Evans requested that Consent Item No. 7 be pulled for separate discussion and vote. Mayor Evans requested to pull Consent Item No. 12 for comment. Councilmember Pena announced he will recuse himself from Consent Item No. 13 due to a conflict of interest (proximity of business property). Mayor Evans requested the item be pulled for a separate vote. CITY COUNCIL MINUTES 2 SEPTEMBER 15, 2015 8 Click here to return to Agenda CONSENT: 1 Mayor Evans and Councilmembers concurred on all requested agenda changes. ANNOUNCEMENTS PRESENTATIONS AND WRITTEN COMMUNICATIONS Presentation by La Quinta Motorcars was cancelled. CONSENT CALENDAR 1. MINUTES OF AUGUST 4, 2015 2. APPROVE DEMAND REGISTERS DATED AUGUST 7, 14, 19721 AND 28, 2015 Ilt�W:14:111I►T/W_1is1Big 14419:71_IV-111:7 07_11141�11111L1011116.1 4. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORTS DATED JULY 317 2015 5. ADOPT A RESOLUTION APPROVING AN AMENDED AND RESTATED CONVENTION AND VISITORS BUREAU JOINT POWERS AGREEMENT [RESOLUTION 2015-0391 6. SECOND READING AND ADOPTION OF ORDINANCE NO. 528 AMENDING SECTION 9.150.060 OF THE MUNICIPAL CODE (SPACES REQUIRED BY USE) TO ALLOW FOR REDUCED NUMBER OF REQUIRED 7. pulled by Mayor Evans for separate discussion and vote>>> APPROVE AMENDED AND RESTATED EAST VALLEY COALITION MEMORANDUM OF UNDERSTANDING TO INCLUDE CITY OF COACHELLA AS A MEMBER 8. APPROPRIATE FUNDING AND AWARD CONTRACT TO GRANITE CONSTRUCTION COMPANY FOR PAVEMENT MANAGEMENT PLAN WASHINGTON STREET IMPROVEMENTS PROJECT 9. 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 10. ADOPT RESOLUTION TO EXTEND TIME TO COMPLETE ON -SITE 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 BULLETIN AND ELIGIBILITY CHECKLIST FOR EXPEDITED SOLAR PHOTOVOLTAIC PERMITTING [RESOLUTION 2015-0411 CITY COUNCIL MINUTES 3 SEPTEMBER 15, 2015 m Click here to return to Agenda CONSENT: 1 12. pulled by Mayor Evans for comment >> ACCEPT ADAMS STREET SIGNAL AND STREET IMPROVEMENTS PROJECT 13. Councilmember Pena recused himself, pulled for separate vote>> ACCEPT PERIMETER LANDSCAPING PROJECT COMPLETED ON CITY -OWNED LOTS LOCATED ON AVENUE 52 BETWEEN DESERT CLUB DRIVE AND AVENIDA NAVARRO 14. RATIFY PURCHASE OF DAIS TABLETOP FOR COUNCIL CHAMBERS 15. pulled by Councilmember Franklin and moved to Business Session for separate discussion and vote>> APPROVE ABATEMENT OF LA QUINTA CHAMBER OF COMMERCE LEASE PAYMENTS FOR SEPTEMBER 2015 TO JUNE 2016 16. ADOPT RESOLUTION GRANTING CONDITIONAL APPROVAL OF FINAL MAP ASSOCIATED WITH PARCEL MAP 36921, LOCATED ON THE WEST SIDE OF ADAMS STREET AND CORPORATE CENTER DRIVE [RESOLUTION 2015-0421 Mayor Evans stated she pulled Consent Item No. 7 for two reasons: wanting to recognize the City of Coachella for joining the coalition, and a concern over the termination provision (Section 7.4), wherein either party receives their contribution back and still receives benefits throughout the year. She asked for a revision or clarification of this provision. City Attorney Ihrke provided clarification and stated staff will notify the County and other cities to amend the refund policy as requested by City Council. Mr. Ihrke recommended adding a sentence to Section 7.4 which states, "in the event that a party does not provide the 90-day notice, then the entire $20,000 lump sum shall not be refunded." Mayors Evans pulled Consent Item No. 12 to share several appreciation email and Facebook comments she received from residents about the traffic circle and signal improvements and thanked the entire team for the project. MOTION — A motion was made and seconded by Councilmembers Pena/Radi to amend and approve Consent Calendar Item Nos. 1-4, 6, 8-9, 12 and 14 as recommended with Item Nos. 5, 10, 11 and 16 adopting Resolutions 2015-039, 2015-040, 2015-041 and 2015-042 respectively. Motion passed unanimously. MOTION — A motion was made and seconded by Councilmembers Osborne/Radi to approve Consent Calendar No. 7 with noted adjustments to the Amended and Restated Memorandum of Understanding for the East Valley Coalition as recommended. Motion passed unanimously. CITY COUNCIL MINUTES 4 SEPTEMBER 15, 2015 `re] Click here to return to Agenda CONSENT: 1 MOTION — A motion was made and seconded by Councilmembers Osborne/Radi to approve Consent Calendar No. 13 as recommended. Motion passed 4-0-1 (Abstain - Pena due to conflict of interest). BUSINESS SESSION 1. INTRODUCE ORDINANCE AMENDING SEVERAL CHAPTERS OF TITLE 10 OF THE MUNICIPAL CODE RELATING TO ANIMALS [ORDINANCE 5301 Animal Code/Compliance Supervisor Moreno presented the staff report, which is on file in the City Clerk's office. Councilmembers discussed/commented on: the cost of requiring a $300,000 insurance policy and that the increase is not excessive; a "bite" should be clearly defined; requested clerical corrections be made; emphasize that until a dog is rabies vaccinated, it may not be released or sold; suggest using another term rather than "destruction" of animal; offer alternative identifiers to mandatory micro chipping; and require phone numbers and email addresses on license applications. PUBLIC SPEAKER: Patrick Swarthout, La Quinta — Mr. Swarthout stated that with his wife's dog bite, the City provided the terms to the dog owner and there was not a hearing. He believes when there is damage to a human being there should be a hearing so everyone can provide testimony. Mayor Evans requested a description of the process, including when a hearing would be conducted versus no need for a hearing. Mr. Moreno explained the process and advised that a hearing would occur when a dog is declared vicious. He clarified what necessitates a mandatory hearing and the opportunity for victim's voice to be heard. PUBLIC SPEAKER: Lisa Blodgett, La Quinta — Ms. Blogett expressed her concern on who is making the determination if an animal is vicious or not and disagreed that dog -on - dog versus dog -on -human attacks be treated the same. Mr. Moreno explained that a police officer, code enforcement officer, and other City staff make the determination. PUBLIC SPEAKER: Valerie Masi, Indio — Ms. Massey stated that she feels there are many areas of the proposed ordinance that need clarification, and has concerns with backyard breeding, education, training, and the qualifications of the person determining if an animal is dangerous. Mayor Evans asked Mr. Moreno about backyard breeding cases, reporting, and codes that address backyard breeding. He stated that typical reporting comes from residents or police departments and that the problem is addressed by land use issues and/or zoning. He added that there are very few cases involving backyard dog breeding. Mayor Evans requested that staff should define backyard breeding and codes/zoning associated that can strengthen enforcement. CITY COUNCIL MINUTES 5 SEPTEMBER 15, 2015 `s Click here to return to Agenda CONSENT: 1 PUBLIC SPEAKER: Deborah Hardy, La Quinta — Ms. Hardy said she feels there are too many gray areas, such as a bite definition and micro chipping, and that the fine details are very important and will affect thousands of dogs and people. She said backyard breeding should be included in revisions with more discussion, saying she personally knows that it is a big problem in the Cove. Ms. Hardy believes there should be a committee to review the proposed details of the ordinance and there are several areas where she feels the language is misleading and not reasonable such as stray dogs, vicious designation for the life of the dog, and updating ADA licensing information. PUBLIC SPEAKER - Lori Carmen of Dream Dogs, Head Trainer — Ms. Carmen, introduced by Mr. Moreno, said she has been a professional dog trainer/educator for over 20 years and also teaches dog bite prevention for children. Ms. Carmen stated that the fifth highest reason that children are seen in emergency rooms is from dog bites. She was asked by La Quinta Animal Control to speak about how a vicious dog is determined — she added that education is the key and that each dog should be assessed on a case - by -case basis. She stressed that circumstances, the environment and even the victim can play a part in dog bites. Ms. Carmen said they use a standard bite index and described the various levels. Councilmembers questioned Ms. Carman on various animal behaviors, the need for public education on dog behavior, the importance of owner compliance, concern over dog aggression and prey dogs, and stated that dogs should be on leash. Council further commented on proposed ordinance language; if owner is petitioning for release of a vicious designation after 36 months, require professional assessment by a certified animal behaviorist at owner's cost; when a dog is declared vicious, define home impounding versus a shelter; staff was directed to check with the City of Palm Desert regarding a recent court case defining vicious dogs; and incorporate the bite level scale. Council concurred that they are not in a position to pass an ordinance today and asked staff to report back with additional input and refinement. Staff will alert those individuals who have asked to be notified when the ordinance is brought back for further discussion. PUBLIC SPEAKER - Alan Woodruff, La Quinta — Mr. Woodruff stressed that it is never about the dog — it is always about the owner. He said that raising pit bulls for fighting is taboo in the animal lovers' world and thanked Council for postponing the vote. 2. Consent 15. APPROVE ABATEMENT OF LA QUINTA CHAMBER OF COMMERCE LEASE PAYMENTS FOR SEPTEMBER 2015 TO JUNE 2016 CITY COUNCIL MINUTES 6 SEPTEMBER 15, 2015 IN Click here to return to Agenda CONSENT: 1 Marketing and Events Supervisor Larson introduced Chamber Chairman Schneider to present this item. Mr. Schneider stated that when the Chamber is thriving, the City is thriving and they are making big strides, adding that he appreciates the City's partnership. He related that the payables backlog will be cleared within 45-60 days. Councilmember Franklin expressed the importance of the Chamber to the City and businesses and appreciates the struggles they have but does not believe the City would do this for anyone else with a professional service contract. She said the Chamber has been out of contract in the past and would agree to defer, but not abate. Councilmember Osborne mentioned that, as chairman of the chamber five years ago, they found themselves in the same situation; substantially underwater and the City was able to help. Councilmember Radi commented that when a business is going through a difficult time every bit helps. Councilmember Pena stated he supports a deferral, not forgiveness, and believes the Chamber is heading in a positive direction. Mayor Evans commented on/questioned outstanding accounts receivables, collection efforts, requesting payment plans with other vendors, monthly expenses, and whether or not the Gem is profitable. She is not supportive of abatement. MOTION — A motion was made and seconded by Councilmembers Radi/Franklin to approve a request to defer payment of rent for the remainder of Fiscal Year 2015/16, with $8,000 payment due on or before July 30, 2016, and to authorize the City Manager to execute the Amendment. Motion passed unanimously. 2. Continued to October 6 Council Meeting>>> INTRODUCE AN ORDINANCE AMENDING, ADDING AND DELETING VARIOUS CHAPTERS OF MUNICIPAL CODE TITLE 3 RELATING TO REVENUE AND FINANCE [ORDINANCE 0001 3. Continued to October 6 Council Meeting>>> ADOPT FOUR RESOLUTIONS SETTING POLICIES AND PROCEDURES 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- 0461 STUDY SESSION 1. SKATE PARK DEVELOPMENT OPTION Golf, Parks and Facilities Manager Howlett presented the staff report, which is on file in the City Clerk's Office. CITY COUNCIL MINUTES 7 SEPTEMBER 15, 2015 13 Click here to return to Agenda CONSENT: 1 Councilmembers discussed/commented on skate park development options: having a partner/corporate sponsor to build; naming opportunities; noise consideration in adjoining neighborhood; music; including BMX bikes and hover -boards; research square footage of similar facilities; and incorporate CV Link. There was a consensus by Council to move forward with a request for qualifications to ascertain if a private entity would lease/purchase City site and operate the facility. 2. UPDATE ON WATER REDUCTION STRATEGIES FOR 2015/16 Public Works Director Jonasson, Maintenance Manager Lindsey and Golf, Parks & Facilities Manager Howlett presented the staff report, which is on file in the City Clerk's Office. Councilmembers discussed/commented on the following: explore possibility of tapping into canal water line near Station 70 (staff will research further); artificial turf - wait to see what El Nino does before spending millions; City needs to address look of L&L Districts and revamp in keeping with the City brand; expressed concern over price differences between Desert Efficient and Desert Oasis landscape design pallets; and explore more options in using artificial turf at SilverRock. COUNCILMEMBER PENA LEFT THE MEETING AT 7:00 P.M. Chris Hermann, of Hermann Design, was called upon to explain the differences in the two designs; more or less trees and plants, boulders, tree conversion/relocation expense and turf removal and maintenance; water absorption rates and erosion; water savings. Councilmember Radi suggested revisiting neighborhoods in the L&L District to see if they are willing to contribute so the parkways can be addressed sooner. Councilmember Franklin stated she has no interest in revisiting this issue with the neighborhoods; the initial reaction was negative and residents consider it the City's obligation. Councilmembers directed staff to move forward on turf conversion to desert scape in L&L District parkways, prioritizing sections with higher visibility, and further requested that staff report on: how CIP applies to each phase; if revenue increases may be able to do more; possible use of artificial turf at SilverRock entry; converting Civic Center Campus lake to an irrigation lake as a capital project in 2016/17 (dependent on when CVWD gets the main line in); and prepare a draft request for proposal for design services and for a landscape architectural firm for on -call landscape services for L&L District irrigation and landscape conversions. CITY COUNCIL MINUTES SEPTEMBER 15, 2015 0 14 Click here to return to Agenda CONSENT: 1 PUBLIC HEARINGS — None DEPARTMENT REPORTS Department Reports were received and filed. Copies are available in the City Clerk's office. 3B. SET DATE FOR ANNUAL POLICE VOLUNTEERS' DINNER Council concurred with holding three mixers throughout the year to honor police volunteers. The first one will be held on Tuesday, December 8, 2015. MAYOR'S AND COUNCIL MEMBER'S ITEMS Councilmember Franklin announced that Jim Stenson, of Hadley Villas, passed away and there will be a memorial service on September 24, 2015. She also declared that staff did an excellent job on the new roundabout. Councilmember Osborne questioned if the new bathrooms being built at La Quinta Park will interfere with the start of soccer season. Deputy Edie Hylton said the project will be ready for the next soccer season. Mayor Evans reported that the City will continue accepting applications for the La Quinta Veteran's Tribute until September 25. She commented that La Quinta had an excellent candlelight 911 ceremony. REPORTS AND INFORMATIONAL ITEMS La Quinta's representative for 2015, Mayor Evans, reported on her participation in the following organizations meeting: CVAG COACHELLA VALLEY CONSERVATION COMMISSION CVAG ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE La Quinta's representative for 2015, Councilmember Franklin, reported on her participation in the following organizations meeting: COACHELLA VALLEY MOUNTAINS CONSERVANCY La Quinta's representative for 2015, Councilmember Osborne, reported on his participation in the following organizations meeting: CVAG PUBLIC SAFETY COMMITTEE La Quinta's representative for 2015, Councilmember Radi, reported on his participation in the following organizations meeting: CVAG TRANSPORTATION COMMITTEE CITY COUNCIL MINUTES 9 SEPTEMBER 15, 2015 15 Click here to return to Agenda CONSENT: 1 RIVERSIDE COUNTY TRANSPORTATION COMMISSION AD HOC DEVELOPMENT CODE TUNE UP (Pena and Radi) ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Osborne to adjourn at 7:48 p.m. Motion passed; 4-0-1 (Absent — Pena) Respectfully submitted, TERESA THOMPSON, Deputy City Clerk City of La Quinta, California CITY COUNCIL MINUTES 10 SEPTEMBER 15, 2015 16 ClicereTo return �o KgeRda M NO. City of La Quinta CI TY COUNCI L MEETI NG. October 6, 2015 STAFF REPORT AGEN DA TI TLE: APPROVE DEMAND REGI STERS DATED SB7B\ 1BER4,11,18 AND 25, 2015 RECOM M EDATI ON Approve demand registers dated September 4, 11, 18 and 25, 2015. EXECUTIVE SUMMARY- None FI SCAL I M PACT Demand of Cash: -- Oty $ 2,638,660.90 -- Successor Agency of RDA $ 4,744.00 -- Housing Authority $ 6,359.00 -- Housing Authority Commission $ 0.00 2,649,763.90 BACKGROU N D/ AN ALYSI 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 August 29 through September 25, 2015. Warrants I ssued: 107822 - 1078951 107896 - 1079751 107976 - 1080401 108109 - 1082121 Voids} Wire Transfers} Payroll Direct Deposit} Payroll Tax Transfers} $ 247,801.23 $ 425,723.60 $ 223,198.84 $ 305,349.35 $ (0.00) $ 1,022,823.06 $ 333,720.38 $ 91,147.44 $ 2,649,763.90 The most significant expenditures on the demand registers listed above are as follows: Vendor: Account Name: Amount: Purpose: Granite Construction Construction $ 230,974.83 Adams Street Costco Other Operating $ 93,519.90 2r,d Quarter Sales Tax Golden Valley Construction Construction $ 74,360.16 Ave. 52 Landscaping Rutan & Tucker Various $ 56,143.71 Jul. Legal Fees NAI Consulting Various $ 38,014.94 Aug. Professional Svc. 17 Click here to return to Agenda Conserve Landcare Technical $ 37,080.00 Sep. Landscaping UPI Property I nsur. $ 62,642.32 FY15/16Property/Auto Premium Wire Transfers: Twelve wire transfers totaled $1,022,823.06. Of this amount, $621,738.54 was to debt service payment; $226,688.79 to Landmark for golf course management; $88,623.10 to CaIPERSfor health insurance premiums and $69,648.68 to CalPERSfor retirement costs (see Attachment 2 for a full listing). AI.TF_PN ATI V ES City Council may approve, partially approve, or reject the demand registers. Report prepared by: Sandra Mancilla, Account Technician Report approved by: Rita Conrad, Finance Director Attachments: 1. Demand Registers 2. Wire Transfers 18 ATTACHMENT 1 Click here to return to Agenda Demand Register City of La Quinta, CA Packet: APPKT00531- S H M 9/4/15 Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount Fund: 101-GENERAL FUND ADT SECURITY SERVICES 108213 09/04/2015 SEP-NOV SPORTS COMPLEX 101-3005-60124 185.73 ADT SECURITY SERVICES 108213 09/04/2015 SEP-LQ PARK 101-3005-60554 87.54 CALIFORNIA CITY MANAGEM 108216 09/04/2015 MEMBERSHIP 101-1002-60351 400.00 CARTER, ANDREA & ASSOCIA 108219 09/04/2015 OCT-PS LIFE MAGAZINE 101-3007-60462 1,000.00 CIGNA HEALTH CARE 108220 09/04/2015 SEP-DENTAL INSURANCE 101-0000-20943 6,748.45 COACHELLA VALLEY WATER 108222 09/04/2015 WATER SERVICE 101-3005-61201 1,099.19 COACHELLA VALLEY WATER 108222 09/04/2015 WATER SERVICE 101-3005-61202 1,748.16 COACHELLA VALLEY WATER 108222 09/04/2015 WATER SERVICE 101-3005-61209 2,764.40 COACHELLA VALLEY WATER 108222 09/04/2015 WATER SERVICE 101-7006-60146 158.75 DESERT ELECTRIC SUPPLY 108225 09/04/2015 LQ PARK LAMPS 101-3005-60424 1,293.41 DESERT ELECTRIC SUPPLY 108225 09/04/2015 SPORTS COMPLEX LAMPS 101-3005-60424 1,156.59 DESERT SUN, THE 108226 09/04/2015 SEP-SUBSCRIPTION 101-6001-60450 64.81 EISENHOWER OCCUPATIONA 108228 09/04/2015 PRE -EMPLOYMENT & DMV 101-1004-60104 740.00 GALLS LLC 108230 09/04/2015 CODE UNIFORMS 101-6004-60690 713.29 GARDAWORLD 108231 09/04/2015 ARMORED TRANSPORTATIO 101-1006-60103 101.03 HOME DEPOT CREDIT SERVIC 108235 09/04/2015 JUL-HOME DEPOT 101-2002-60670 10.25 HOME DEPOT CREDIT SERVIC 108235 09/04/2015 JUL-HOME DEPOT 101-2002-60670 12.94 HOME DEPOT CREDIT SERVIC 108235 09/04/2015 JUL-HOME DEPOT 101-2002-60670 484.92 HOME DEPOT CREDIT SERVIC 108235 09/04/2015 JUL-HOME DEPOT 101-2002-60670 6.50 HOME DEPOT CREDIT SERVIC 108235 09/04/2015 JUL-HOME DEPOT 101-3001-60184 46.89 HOME DEPOT CREDIT SERVIC 108235 09/04/2015 JUL-HOME DEPOT 101-3002-60691 23.86 HOME DEPOT CREDIT SERVIC 108235 09/04/2015 JUL-HOME DEPOT 101-3005-60554 6.42 HOME DEPOT CREDIT SERVIC 108235 09/04/2015 JUL-HOME DEPOT 101-3005-60554 4.26 HOME DEPOT CREDIT SERVIC 108235 09/04/2015 JUL-HOME DEPOT 101-3008-60665 5.62 HOME DEPOT CREDIT SERVIC 108235 09/04/2015 JUL-HOME DEPOT 101-3008-60665 6.07 IMPERIAL IRRIGATION DIST 108237 09/04/2015 ELECTRICITY SERVICE 101-2002-61101 1,133.14 IMPERIAL IRRIGATION DIST 108237 09/04/2015 ELECTRICITY SERVICE 101-3005-61102 12.34 IMPERIAL IRRIGATION DIST 108237 09/04/2015 ELECTRICITY SERVICE 101-3005-61105 1,944.87 IMPERIAL IRRIGATION DIST 108237 09/04/2015 ELECTRICITY SERVICE 101-3005-61106 1,407.11 IMPERIAL IRRIGATION DIST 108237 09/04/2015 ELECTRICITY SERVICE 101-3005-61109 908.98 IMPERIAL IRRIGATION DIST 108237 09/04/2015 ELECTRICITY SERVICE 101-3005-61111 16.08 IMPERIAL IRRIGATION DIST 108237 09/04/2015 ELECTRICITY SERVICE 101-3005-61113 21.06 IMPERIAL IRRIGATION DIST 108237 09/04/2015 ELECTRICITY SERVICE 101-3008-61101 10,998.56 JNS MEDIA SPECIALISTS 108239 09/04/2015 MARKETING 101-3007-60461 2,443.42 LA QUINTA CHAMBER OF CO 108243 09/04/2015 SEP-GEM ADS 101-3007-60461 2,250.00 LANDMARK GOLF MANAGE 108244 09/04/2015 SPORTS FIELD AERATION 101-3005-60424 2,480.00 LOCK SHOP INC, THE 108246 09/04/2015 WELLNESS CENTER 101-3002-60691 18.90 LOWE'S HOME IMPROVEME 108247 09/04/2015 JUL-LOWES 101-3002-60420 15.37 LOWE'S HOME IMPROVEME 108247 09/04/2015 JUL-LOWES 101-3003-60420 102.40 LOWE'S HOME IMPROVEME 108247 09/04/2015 JUL-LOWES 101-3005-60554 19.26 LOWE'S HOME IMPROVEME 108247 09/04/2015 JUL-LOWES 101-3005-60554 4.08 LOWE'S HOME IMPROVEME 108247 09/04/2015 JUL-LOWES 101-3008-60432 71.26 LOWE'S HOME IMPROVEME 108247 09/04/2015 JUL-LOWES 101-3008-60665 5.11 LOWE'S HOME IMPROVEME 108247 09/04/2015 JUL-LOWES 101-3008-60665 9.13 LOWE'S HOME IMPROVEME 108247 09/04/2015 JUL-LOWES 101-3008-60665 3.86 LOWE'S HOME IMPROVEME 108247 09/04/2015 JUL-LOWES 101-3008-60665 7.27 LOWE'S HOME IMPROVEME 108247 09/04/2015 JUL-LOWES 101-3008-60665 7.55 LOWE'S HOME IMPROVEME 108247 09/04/2015 JUL-LOWES 101-3008-60665 18.51 LOWE'S HOME IMPROVEME 108247 09/04/2015 JUL-LOWES 101-3008-60665 12.28 LOWE'S HOME IMPROVEME 108247 09/04/2015 JUL-LOWES 101-3008-60665 7.98 LOWE'S HOME IMPROVEME 108247 09/04/2015 JUL-LOWES 101-3008-60665 46.68 LOWE'S HOME IMPROVEME 108247 09/04/2015 JUL-LOWES 101-3008-60691 9.10 NEW CONSTRUCTION SOLUT 108250 09/04/2015 OFFICE DOOR 101-3008-60665 820.00 9/28/2015 6:03:09 PM Page 1 of 6 19 Click here to return to Agenda Demand Register Packet: APPKT00531- SHIM 9/4/15 Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount OFFICE TEAM 108251 09/04/2015 TEMP STAFFING WKEND 8/7 101-7002-60125 253.17 PANERA BREAD 108253 09/04/2015 LUNCHEON MENU 101-3002-60420 597.18 RIVERSIDE COUNTY EDA 108254 09/04/2015 AIRPORT MEMBERSHIP 101-3007-60152 12,500.00 RIVERSIDE COUNTY RECORD 108255 09/04/2015 RECORDING FEES 101-0000-20325 253.00 RIVERSIDE COUNTY RECORD 108255 09/04/2015 RECORDING FEES 101-6004-60108 23.00 RUTAN & TUCKER 108256 09/04/2015 JUL-LEGAL FEES 101-1003-60153 4,000.00 RUTAN & TUCKER 108256 09/04/2015 JUL-LEGAL FEES 101-1003-60153 21,933.00 RUTAN & TUCKER 108256 09/04/2015 JUL-LEGAL FEES 101-1003-60153 8,608.16 RUTAN & TUCKER 108256 09/04/2015 JUL-LEGAL FEES 101-1003-60153 681.00 RUTAN & TUCKER 108256 09/04/2015 JUL-LEGAL FEES 101-1003-60153 3,642.00 RUTAN & TUCKER 108256 09/04/2015 JUL-LEGAL FEES 101-1003-60153 3,089.36 RUTAN & TUCKER 108256 09/04/2015 JUL-LEGAL FEES 101-1003-60153 2,316.84 RUTAN & TUCKER 108256 09/04/2015 JUL-LEGAL FEES 101-1003-60154 5,869.85 RUTAN & TUCKER 108256 09/04/2015 JUL-LEGAL FEES 101-1003-60154 120.00 SECURITAS SECURITY SERVIC 108258 09/04/2015 SECURITY 8/8/15 101-3003-60420 126.00 SLA CORPORATION 108260 09/04/2015 JUL'15-JUN'16 ESCHATSUBC 101-1007-61301 431.04 STANDARD INSURANCE COM 108262 09/04/2015 SEP-ADD'L LIFE INSUR 101-0000-20948 420.78 TASC - FEES 108263 09/04/2015 OCT-DEC TASC FEES 101-0000-20946 236.73 TRULY NOLEN INC 108267 09/04/2015 FY15-16-FS#93 PEST CONTR 101-2002-60116 649.80 TRULY NOLEN INC 108267 09/04/2015 FY15-16-FS#32 PEST CONTR 101-2002-60116 798.00 TRULY NOLEN INC 108267 09/04/2015 FY15/16-FS#70 PEST CONTR 101-2002-60116 676.20 US AIR CONDITIONING DISTR 108268 09/04/2015 FS#32 REPAIR 101-2002-60670 31.10 VERIZON CALIFORNIA 108269 09/04/2015 OCT114-SEP115 T1@CITY HAL 101-2001-61300 3,073.20 VERIZON COMMUNICATIONS 108270 09/04/2015 INTERNET 8/10-9/9 101-1007-61300 95.00 VERIZON WIRELESS 108271 09/04/2015 WIRELESS LQPD 6/26-7/25 101-1007-61301 1,085.87 WALMART COMMUNITY 108272 09/04/2015 WALMART 7/31-8/9 101-1002-60400 1.66 WALMART COMMUNITY 108272 09/04/2015 WALMART 7/31-8/9 101-3002-60420 129.05 WALMART COMMUNITY 108272 09/04/2015 WALMART 7/31-8/9 101-3002-60420 299.70 WALMART COMMUNITY 108272 09/04/2015 WALMART 7/31-8/9 101-3003-60420 16.58 WALMART COMMUNITY 108272 09/04/2015 WALMART 7/31-8/9 101-3007-60461 86.14 WALMART COMMUNITY 108272 09/04/2015 WALMART 7/31-8/9 101-7006-60421 142.52 WILSON, RICHARD ELECTRIC 108274 09/04/2015 POLICE SUB BREAK ROOM 101-3008-60665 112.63 Fund 101- GENERAL FUND Total: 115,961.94 Fund: 201- GAS TAX FUND CALIFORNIA CONTRACTORS 108217 09/04/2015 SAFETY GEAR 201-7003-60427 219.79 CALIFORNIA CONTRACTORS 108217 09/04/2015 SAFETY GEAR 201-7003-60427 911.02 CALIFORNIA PARK & RECREA 108218 09/04/2015 MEMBERSHIP 123317 201-7003-60351 145.00 CLEAN STREET 108221 09/04/2015 EQUIP RENTAL 201-7003-61701 1,287.60 FASTENAL COMPANY 108229 09/04/2015 MATERIAL 201-7003-60431 18.76 FASTENAL COMPANY 108229 09/04/2015 MATERIAL 201-7003-60431 401.00 FASTENALCOMPANY 108229 09/04/2015 SMALLTOOL 201-7003-60432 161.07 HOME DEPOT CREDIT SERVIC 108235 09/04/2015 JUL-HOME DEPOT 201-7003-56490 876.50 HOME DEPOT CREDIT SERVIC 108235 09/04/2015 JUL-HOME DEPOT 201-7003-60431 91.18 HOME DEPOT CREDIT SERVIC 108235 09/04/2015 JUL-HOME DEPOT 201-7003-60431 75.90 HOME DEPOT CREDIT SERVIC 108235 09/04/2015 JUL-HOME DEPOT 201-7003-60431 28.00 HOME DEPOT CREDIT SERVIC 108235 09/04/2015 JUL-HOME DEPOT 201-7003-60431 34.12 HOME DEPOT CREDIT SERVIC 108235 09/04/2015 JUL-HOME DEPOT 201-7003-60431 281.15 HOME DEPOT CREDIT SERVIC 108235 09/04/2015 JUL-HOME DEPOT 201-7003-60431 15.92 HOME DEPOT CREDIT SERVIC 108235 09/04/2015 JUL-HOME DEPOT 201-7003-60431 33.17 HOME DEPOT CREDIT SERVIC 108235 09/04/2015 JUL-HOME DEPOT 201-7003-60431 53.31 HOME DEPOT CREDIT SERVIC 108235 09/04/2015 JUL-HOME DEPOT 201-7003-60432 13.32 LOWE'S HOME IMPROVEME 108247 09/04/2015 JUL-LOWES 201-7003-60431 25.66 MOWERS PLUS INC 108249 09/04/2015 SAW BLADES 201-7003-60431 159.95 SEALMASTER OF SOUTHERN 108257 09/04/2015 EQUIP RENTAL 201-7003-61701 4,425.26 SPARKLETTS 108261 09/04/2015 DRINKING WATER 201-7003-61200 343.76 TOPS'N BARRICADES INC 108265 09/04/2015 SIGNS 201-7003-60429 204.34 Fund 201- GAS TAX FUND Total: 9,805.78 Fund: 202 - LIBRARY FUND GAS COMPANY, THE 108232 09/04/2015 LIBRARY-7/23-8/21 202-3004-61100 14.41 HOME DEPOT CREDIT SERVIC 108235 09/04/2015 JUL-HOME DEPOT 202-3006-60691 -15.37 9/28/2015 6:03:09 PM Page 2 of 6 20 Click here to return to Agenda Demand Register Packet: APPKT00531- SHM 9/4/15 Vendor Name Payment Number - Payment Date Description (Payable) Account Number Amount HOME DEPOT CREDIT SERVIC 108235 09/04/2015 JUL-HOME DEPOT 202-3006-60691 15.37 IMPERIAL IRRIGATION DIST 108237 09/04/2015 ELECTRICITY SERVICE 202-3004-61101 6,707.23 IMPERIAL IRRIGATION DIST 108237 09/04/2015 ELECTRICITY SERVICE 202-3006-61101 1,626.29 JOHNSTONE SUPPLY 108240 09/04/2015 LIBRARY BELT 202-3004-60432 13.33 LOWE'S HOME IMPROVEME 108247 09/04/2015 JUL-LOWES 202-3006-60691 25.63 LUXE WATER SOLUTIONS LLC 108248 09/04/2015 AUG-MUSEUM COOLER 202-3006-61200 37.80 PACIFIC WEST AIR CONDITIO 108252 09/04/2015 LIBRARY HVAC 202-3004-60667 455.00 VERIZON CALIFORNIA 108269 09/04/2015 MUSEUM 8/13-9/12 202-3006-61300 158.52 Fund 202 - LIBRARY FUND Total: 9,038.21 Fund: 215 - LIGHTING & LANDSCAPING FU ATCO MANUFACTURING CO 108214 09/04/2015 GRAFFITI 215-7004-60423 401.00 DESERT ELECTRIC SUPPLY 108225 09/04/2015 ELECTRICAL MATERIAL 215-7004-60431 10.75 DESERT ELECTRIC SUPPLY 108225 09/04/2015 ELECTRICAL MATERIAL 215-7004-60431 146.66 DESERT ELECTRIC SUPPLY 108225 09/04/2015 ELECTRICAL MATERIAL 215-7004-60431 106.65 DESERT ELECTRIC SUPPLY 108225 09/04/2015 ELECTRICAL MATERIAL 215-7004-60431 35.92 DESERT ELECTRIC SUPPLY 108225 09/04/2015 ELECTRICAL MATERIAL 215-7004-60431 21.14 DESERT ELECTRIC SUPPLY 108225 09/04/2015 RETURN CREDIT 215-7004-60431 -21.14 DESERT ELECTRIC SUPPLY 108225 09/04/2015 ELECTRICAL MATERIAL 215-7004-60431 17.83 DESERT ELECTRIC SUPPLY 108225 09/04/2015 ELECTRICAL MATERIAL 215-7004-60431 44.52 HIGH TECH IRRIGATION INC 108234 09/04/2015 IRRIGATION MATERIAL 215-7004-60431 216.00 HOME DEPOT CREDIT SERVIC 108235 09/04/2015 JUL-HOME DEPOT 215-7004-60423 287.90 HOME DEPOT CREDIT SERVIC 108235 09/04/2015 JUL-HOME DEPOT 215-7004-60423 328.73 HOME DEPOT CREDIT SERVIC 108235 09/04/2015 JUL-HOME DEPOT 215-7004-60423 422.73 HOME DEPOT CREDIT SERVIC 108235 09/04/2015 JUL-HOME DEPOT 215-7004-60431 71.64 HOME DEPOT CREDIT SERVIC 108235 09/04/2015 JUL-HOME DEPOT 215-7004-60431 4.19 HOME DEPOT CREDIT SERVIC 108235 09/04/2015 JUL-HOME DEPOT 215-7004-60431 54.08 HOME DEPOT CREDIT SERVIC 108235 09/04/2015 JUL-HOME DEPOT 215-7004-60431 6.25 HOME DEPOT CREDIT SERVIC 108235 09/04/2015 JUL-HOME DEPOT 215-7004-60431 15.36 HOME DEPOT CREDIT SERVIC 108235 09/04/2015 JUL-HOME DEPOT 215-7004-60431 14.86 HOME DEPOT CREDIT SERVIC 108235 09/04/2015 JUL-HOME DEPOT 215-7004-60431 10.84 HOME DEPOT CREDIT SERVIC 108235 09/04/2015 JUL-HOME DEPOT 215-7004-60431 30.22 KIRKPATRICK LANDSCAPING 108241 09/04/2015 TREE REMOVAL 215-7004-60189 550.00 LASALLE LIGHTING SERVICES 108245 09/04/201S ELECTRICAL SERVICE 215-7004-60104 225.00 LOWE'S HOME IMPROVEME 108247 09/04/2015 JUL-LOWES 215-7004-60431 10.32 TOPS'N BARRICADES INC 108265 09/04/2015 MATERIAL 215-7004-61116 137.49 VERIZON CALIFORNIA 108269 09/04/2015 TRAFFIC SIGNAL 8/7-9/6 215-7004-60189 121.63 VERIZON CALIFORNIA 108269 09/04/2015 TRAFFIC SIGNAL 8/7-9/6 215-7004-60189 1.02 Fund 215 - LIGHTING & LANDSCAPING FU Total: 3,271.59 Fund: 237 - SUCCESSOR AGCY PA 1 ADMIN RUTAN & TUCKER 108256 09/04/2015 JUL-LEGAL FEES 237-9001-60153 4,000.00 RUTAN & TUCKER 108256 09/04/2015 JUL-LEGAL FEES 237-9001-60153 744.00 Fund 237 - SUCCESSOR AGCY PA 1 ADMIN Total: 4,744.00 Fund: 241- HOUSING AUTHORITY PA1 RIVERSIDE COUNTY RECORD 108255 09/04/2015 RECORDING FEES 241-9101-60103 982.00 RUTAN & TUCKER 108256 09/04/2015 JUL-LEGAL FEES 241-9101-60153 1,139.50 Fund 241- HOUSING AUTHORITY PA1 Total: 2,121.50 Fund: 401- CAPITAL IMPROVEMENT PROGR COACHELLA VALLEY WATER 108222 09/04/2015 SLURRY SEAL PRJ 401-0000-60188 98.38 GOLDEN VALLEY CONSTRUCT 108233 09/04/2015 CONT SVC 2014-01 401-0000-60188 74,360.16 HOME DEPOT CREDIT SERVIC 108235 09/04/2015 JUL-HOME DEPOT 401-0000-60188 15.06 HOME DEPOT CREDIT SERVIC 108235 09/04/2015 JUL-HOME DEPOT 401-0000-60188 148.64 LOWE'S HOME IMPROVEME 108247 09/04/2015 JUL-LOWES 401-0000-60188 21.45 LOWE'S HOME IMPROVEME 108247 09/04/2015 JUL-LOWES 401-0000-60188 39.93 Fund 401- CAPITAL IMPROVEMENT PROGR Total: 74,683.62 Fund: 501- EQUIPMENT REPLACEMENT AUTOZONE 108215 09/04/2015 TK#41 SWEEPER 501-0000-60678 AUTOZONE 108215 09/04/2015 PARTS AND SERVICE 501-0000-60675 DRTTRANSPORT 108227 09/04/2015 SWEEPER#64 501-0000-60678 JIQUILPAN COLLISION CENTE 108238 09/04/2015 COP VEHICLE REPAIR 501-0000-60676 47.43 39.10 1,662.85 1,180.41 9/28/2015 6:03:09 PM Page 3 of 6 21 Click here to return to Agenda Demand Register Packet: APPKT00531- SHM 9/4/15 Vendorflame Payment Number Payment Date Description (Payable) Account Number Amount L & L AUTOMOTIVE 108242 09/04/2015 TK#58 SERVICE 501-0000-60676 174.10 TOWER ENERGY GROUP 108266 09/04/2015 FUEL 7/16-31/15 501-0000-60674 3,111.04 Fund 501- EQUIPMENT REPLACEMENT Total: 6,214.93 Fund: 502 - INFORMATION TECHNOLOGY DELL FINANCIAL SERVICES 108223 09/04/2015 CODE -LAPTOPS LEASE 502-0000-80100 2,780.57 DELL MARKETING LP 108224 09/04/2015 LAPTOPS (3) 502-0000-80100 4,282.13 SIGMANET 108259 09/04/2015 AUG-RIM SERVICE 502-0000-60104 13,050.00 TIME WARNER CABLE 108264 09/04/2015 SEP-CITY HALL CABLE 502-0000-60108 96.96 Fund 502 - INFORMATION TECHNOLOGY Total: 20,209.66 Fund: 735 - 97-1 AGENCY REDEMPTION FUND WI LLDAN FINANCIAL SERVIC 108273 09/04/2015 ARBITRAGE 2014 SERIES 735-0000-23410 1,750.00 Fund 735 - 97-1 AGENCY REDEMPTION FUND Total: 1,750.00 Grand Total: 247,801.23 9/28/2015 6:03:09 PM Page 4 of 6 22 Demand Register Click here to return to Agenda Packet: APPKT00531- SHM 9/4/15 Fund Summary Fund 101-GENERAL FUND 201- GAS TAX FUND 202 - LIBRARY FUND 215 - LIGHTING & LANDSCAPING FU 237 - SUCCESSOR AGCY PA 1 ADMIN 241- HOUSING AUTHORITY PA1 401- CAPITAL IMPROVEMENT PROGR 501- EQUIPMENT REPLACEMENT 502 - INFORMATION TECHNOLOGY 735 - 97-1 AGENCY REDEMPTION FUND Account Number 101-0000-20325 101-0000-20943 101-0000-20946 101-0000-20948 101-1002-60351 101-1002-60400 101-1003-60153 101-1003-60154 101-1004-60104 101-1006-60103 101-1007-61300 101-1007-61301 101-2001-61300 101-2002-60116 101-2002-60670 101-2002-61101 101-3001-60184 101-3002-60420 101-3002-60691 101-3003-60420 101-3005-60124 101-3005-60424 101-3005-60554 101-3005-61102 101-3005-61105 101-3005-61106 101-3005-61109 101-3005-61111 101-3005-61113 101-3005-61201 101-3005-61202 101-3005-61209 101-3007-60152 101-3007-60461 101-3007-60462 101-3008-60432 101-3008-60665 101-3008-60691 101-3008-61101 101-6001-60450 101-6004-60108 101-6004-60690 101-7002-60125 Grand Total: Account Summary Account Name Due to County Recorder Dental Insurance Pay Flex Compensation Paya Add'I Life Insurance Pay Membership Dues Office Supplies Attorney Attorney/Litigation Consultants Professional Utilities - Telephone Mobile/Cell Phones Utilities - Telephone Pest Control Fire Station Utilities - Electricity Fritz Burns Park Operating Supplies Repair & Maintenance Operating Supplies Security - Sports Comple Materials - Irrigation & L LQ Park Building Utilities - Electric - Monti Utilities - Electric - Fritz Utilities - Electric - Sport Utilities - Electric - Com Utilities - Electric - Velas Utilities - Electric - Eisen Utilities - Water -Montic Utilities - Water - Civic C Utilities - Water-Commu Airport Activities Economic Development/ Media Small Tools/Equipment Maint.-Other Equipment Repair & Maintenance Utilities - Electricity Advertising Technical Uniforms Temporary Agency Servi Expense Amount 115,961.94 9,805.78 9,038.21 3,271.59 4,744.00 2,121.50 74,683.62 6,214.93 20,209.66 1,750.00 247,801.23 Expense Amount 253.00 6,748.45 236.73 420.78 400.00 1.66 44,270.36 5,989.85 740.00 101.03 95.00 1,516.91 3,073.20 2,124.00 545.71 1,133.14 46.89 1,041.30 42.76 244.98 185.73 4,930.00 121.56 12.34 1,944.87 1,407.11 908.98 16.08 21.06 1,099.19 1,748.16 2,764.40 12,500.00 4,779.56 1,000.00 71.26 1,062.69 9.10 10,998.56 64.81 23.00 713.29 253.17 Report Summary 9/28/2015 6:03:09 PM Page 5 of 6 23 Demand Register Click here to return to Agenda Packet: APPKT00531- SHM 9/4/15 Account Summary Account Number Account Name Expense Amount 101-7006-60146 PM 10 SilverRock 158.75 101-7006-60421 Supplies - Software 142.52 201-7003-56490 Asphalt 876.50 201-7003-60351 Membership Dues 145.00 201-7003-60427 Safety Gear 1,130.81 201-7003-60429 Signs 204.34 201-7003-60431 Materials 1,218.12 201-7003-60432 Small Tools/Equipment 174.39 201-7003-61200 Utilities - Water 343.76 201-7003-61701 Equipment Rental 5,712.86 202-3004-60432 Small Tools/Equipment 13.33 202-3004-60667 HVAC 455.00 202-3004-61100 Utilities - Gas 14.41 202-3004-61101 Utilities- Electricity 6,707.23 202-3006-60691 Repair & Maintenance 25.63 202-3006-61101 Utilities - Electricity 1,626.29 202-3006-61200 Water - Inside 37.80 202-3006-61300 Utilities - Telephone 158.52 215-7004-60104 Consultants 225.00 215-7004-60189 Technical 672.65 215-7004-60423 Supplies -Graffiti 1,440.36 215-7004-60431 Materials 796.09 215-7004-61116 Utilities - Electric - Signal 137.49 237-9001-60153 Attorney 4,744.00 241-9101-60103 Professional 982.00 241-9101-60153 Attorney 1,139.50 401-0000-60188 Construction 74,683.62 501-0000-60674 Fuel & Oil 3,111.04 501-0000-60675 Parts & Maintenance Su 39.10 501-0000-60676 Vehicle Repair & Mainte 1,354.51 501-0000-60678 Street Sweeper 1,710.28 502-0000-60104 Consultants 13,050.00 502-0000-60108 Technical 96.96 502-0000-80100 Machinery & Equipment 7,062.70 735-0000-23410 AD Administrative fees 1,750.00 Grand Total: 247,801.23 Project Account Summary Project Account Key Expense Amount **None** 173,117.61 121301CT 15.06 131407CT 210.02 141510CT 74,458.54 Grand Total: 247,801.23 9/28/2015 6:03:09 PM Page 6 of 6 24 Click here to return to Agenda ,., Demand Register City of La Quinta, CA Packet: APPKT00536 - SHM 9/11/15 Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount Fund: 101-GENERAL FUND ACE CARPET CLEANING 108275 09/11/2015 REFUND OVERPAYMENT 101-0000-42300 7.20 ADKAN ENGINEERS 108276 09/11/2015 REFUND OVERPAYMENT 101-0000-42300 43.00 ALLIED GRADING & PAVING, 108277 09/11/2015 REFUND OVERPAYMENT 101-0000-42300 118.00 CALIFORNIA BUILDING OFFIC 108282 09/11/2015 CALBOTRAINING 101-6003-60320 635.00 CALPERS LONG-TERM CARE 108283 09/11/2015 LONG TERM CARE 101-0000-20949 144.16 CLASSIC AUTO TRANSPORT 108285 09/11/2015 TOWING 101-2001-60175 170.00 COACHELLA VALLEY CONSER 108287 09/11/2015 AUG-MITIGATION FEE 101-0000-20310 10,189.00 COACHELLA VALLEY CONSER 108287 09/11/2015 AUG-MITIGATION FEE 101-0000-43631 -101.89 COACHELLA VALLEY WATER 108288 09/11/2015 WATER SERVICES 101-3002-61200 276.82 COACHELLA VALLEY WATER 108288 09/11/2015 WATER SERVICES 101-3005-61204 570.20 COACHELLA VALLEY WATER 108288 09/11/2015 WATER SERVICES 101-3005-61206 257.58 COACHELLA VALLEY WATER 108288 09/11/2015 WATER SERVICES 101-3005-61210 545.42 COACHELLA VALLEY WATER 108288 09/11/2015 WATER SERVICES 101-3008-61200 107.82 COACHELLA VALLEY WATER 108288 09/11/2015 WATER SERVICES 101-7006-43132 30.37 COACHELLA VALLEY WATER 108288 09/11/2015 WATER SEVICES 101-2002-61200 234.06 COACHELLA VALLEY WATER 108288 09/11/2015 WATER SEVICES 101-3005-61203 68.28 COACHELLA VALLEY WATER 108288 09/11/2015 WATER SEVICES 101-3005-61205 41.40 CONSERVE LANDCARE 108289 09/11/2015 SEP-LANDSCAPING MAINT 101-3005-60108 28,575.00 DATA TICKET, INC. 108290 09/11/2015 JUL-ADMIN CITATION SVC 101-6004-31190 72.79 DESERT SUN PUBLISHING CO 108292 09/11/2015 ADS 101-1005-60450 159.60 DESERT SUN PUBLISHING CO 108292 09/11/2015 ADS 101-6001-60450 441.00 DESERT SUN PUBLISHING CO 108292 09/11/2015 ADS 101-6001-60450 236.40 DESERT SUN PUBLISHING CO 108292 09/11/2015 ADS 101-6001-60450 243.60 FIRST CHOICE A/C & HEATIN 108294 09/11/2015 FST#70 SERVICE 101-2002-60670 1,947.00 FOWLER, ANGELA OR GARY 108295 09/11/2015 REFUND OVERPAYMENT 101-0000-42300 12.00 FRANCHISE TAX BOARD 108296 09/11/2015 GARNISHMENT 101-0000-20985 125.00 FULEING & SERVICE TECHNO 108297 09/11/2015 REFUND OVERPAYMENT 101-0000-42300 15.00 GALLS LLC 108298 09/11/2015 CODE -UNIFORMS 101-6004-60690 388.15 GAS COMPANY, THE 108299 09/11/2015 FS#32 7/23-8/2 101-2002-61100 28.00 GAS COMPANY, THE 108299 09/11/2015 GAS SVCE 7/23-8/21 101-3002-61100 66.86 GOLDEN TOUCH CLEANING 1 108300 09/11/2015 AUG-JANITORIAL MAINT 101-3002-60115 1,795.00 GOLDEN TOUCH CLEANING 1 108300 09/11/2015 AUG-JANITORIAL MAINT 101-3005-60115 1,690.00 GOLDEN TOUCH CLEANING 1 108300 09/11/2015 AUG-JANITORIAL MAINT 101-3008-60115 3,100.00 GOTHIC GROUNDS MANAGE 108301 09/11/2015 REFUND OVERPAYMENT 101-0000-42300 145.00 LEAGUE OF CALIFORNIA CITI 108307 09/11/2015 LOCC ANN'L CONF BRKFST 101-1001-60320 25.00 LEAGUE OF CALIFORNIA CITI 108307 09/11/2015 LOCC ANN'L CONF BRKFST 101-1002-60320 100.00 OFFICE DEPOT 108309 09/11/2015 OFFICE SUPPLIES 101-7001-60420 60.54 OFFICE DEPOT 108309 09/11/2015 OFFICE SUPPLIES 101-1005-60400 3.91 OFFICE DEPOT 108309 09/11/2015 OFFICE SUPPLIES 101-1007-60402 133.16 OFFICE DEPOT 108309 09/11/2015 BCARDS-MONREAL 101-6001-60410 60.54 OFFICE DEPOT 108309 09/11/2015 OFFICE SUPPLIES 101-1005-60400 1.33 RADEVA, MONIKA 108310 09/11/2015 MILEAGE REIMB 101-6001-60320 40.82 RASA/ERIC NELSON 108311 09/11/2015 LLA2014-540 101-7002-60183 190.00 RASA/ERIC NELSON 108311 09/11/2015 FPM2015-0005 101-7002-60183 713.00 RIVERSIDE COUNTY SHERIFF' 108314 09/11/2015 GARNISHMENT 101-0000-20985 151.13 RIVERSIDE COUNTY SHERIFF' 108315 09/11/2015 GARNISHMENT 101-0000-20985 395.10 RIVERSIDE DEPARTMENT OF 108317 09/11/2015 GARNISHMENT 101-0000-20985 200.00 ROYAL GYM SERVICES 108318 09/11/2015 SEP-MAINT 101-3002-60420 315.00 SIGN A RAMA 108320 09/11/2015 REFUND 101-0000-22830 500.00 SINATRA, BARBARACHILDRE 108321 09/11/2015 SEXUAL ASSAULT 101-2001-60193 516.00 STANDARD INSURANCE COM 108323 09/11/2015 SEP-LIFE INSUR 101-0000-20947 521.55 STANDARD INSURANCE COM 108323 09/11/2015 SEP-LIFE INSUR 101-0000-20955 3,946.73 STAPLES ADVANTAGE 108324 09/11/2015 OFFICE SUPPLIES 101-7001-60400 38.87 9/28/2015 6:03:27 PM Page 1 of 5 25 Click here to return to Agenda Demand Register Packet: APPKT00536 - SHM 9/11/15 Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount STAPLES ADVANTAGE 108324 09/11/2015 OFFICE SUPPLIES 101-6001-60400 64.27 STAPLES ADVANTAGE 108324 09/11/2015 OFFICE SUPPLIES 101-6001-60400 76.37 STAPLES ADVANTAGE 108324 09/11/2015 OFFICE SUPPLIES 101-6001-60400 97.19 STAPLES ADVANTAGE 108324 09/11/2015 OFFICE SUPPLIES 101-1007-60402 212.13 STAPLES ADVANTAGE 108324 09/11/2015 OFFICE SUPPLIES 101-6001-60400 56.69 SV LANDSCAPE 108327 09/11/2015 REFUND OVERPAYMENT 101-0000-42300 32.50 TRAFFEX ENGINEERS INC 108331 09/11/2015 AUG-TRAFFIC ENGINEER 101-7006-60144 12,987.75 UNITED WAY OF THE DESERT 108333 09/11/2015 CONTRIBUTION 101-0000-20981 60.00 URIBE, LUIS 108334 09/11/2015 MILEAGE REIMB 8/17-8/21 101-6003-50250 40.82 URIBE, LUIS 108334 09/11/2015 MILEAGE REIMB 8/24-8/28 101-6003-50250 87.40 URIBE, LUIS 108334 09/11/2015 MILEAGE REIMB 8/31-9/4 101-6003-50250 117.88 US DEPARTMENT OF EDUCAT 108335 09/11/2015 GARNISHMENT 101-0000-20985 226.69 VACATION RENTAL COMPLIA 108336 09/11/2015 AUG-PROFESSIONALSVC 101-6001-60103 2,640.00 VALLEY PATIOS INC 108337 09/11/2015 REFUND BPAT2015-0055 101-0000-42600 36.26 VERIZON CALIFORNIA 108339 09/11/2015 DSL 8/4-9/3 101-1007-61300 185.79 WILKINSON, GREGORY 108341 09/11/2015 REFUND OVERPAYMENT 101-0000-42300 22.00 YOUTH SPORTS FNL 108343 09/11/2015 REFUND 101-0000-22830 100.00 Fund 101- GENERAL FUND Total: 77,333.24 Fund: 201- GAS TAX FUND ALSCO INC 108278 09/11/2015 UNIFORM RENTAL EOM 8/21 201-7003-60690 88.05 ALSCO INC 108278 09/11/2015 UNIFORM RENTAL EOM 8/28 201-7003-60690 88.05 GOLDEN TOUCH CLEANING 1 108300 09/11/2015 AUG-JANITORIAL MAINT 201-7003-60115 150.00 TOPS'N BARRICADES INC 108329 09/11/2015 SIGNS 201-7003-60429 436.59 TOPS'N BARRICADES INC 108329 09/11/2015 SIGNS 201-7003-60429 895.54 TOPS'N BARRICADES INC 108329 09/11/2015 SIGNS 201-7003-60429 36.23 Fund 201- GAS TAX FUND Total: 1,694.46 Fund: 202 - LIBRARY FUND CONSERVE LANDCARE 108289 09/11/2015 SEP-LANDSCAPING MAINT 202-3004-60112 1,575.00 CONSERVE LANDCARE 108289 09/11/2015 SEP-LANDSCAPING MAINT 202-3006-60108 1,115.00 GOLDEN TOUCH CLEANING 1 108300 09/11/2015 AUG-JANITORIAL MAINT 202-3004-60115 1,900.00 GOLDEN TOUCH CLEANING 1 108300 09/11/2015 AUG-JANITORIAL MAINT 202-3006-60115 550.00 Fund 202 - LIBRARY FUND Total: 5,140.00 Fund: 215 - LIGHTING & LANDSCAPING FU CITY OF PALM DESERT 108284 09/11/2015 JUL'14-JUN'15 LANDSCAPE/T 215-7004-60189 2,570.88 COACHELLA VALLEY WATER 108288 09/11/2015 WATER SERVICES 215-7004-61211 9,463.88 COACHELLA VALLEY WATER 108288 09/11/2015 WATER SEVICES 215-7004-61211 1,545.46 CONSERVE LANDCARE 108289 09/11/2015 SEP-LANDSCAPING MAINT 215-7004-60189 5,815.00 LASALLE LIGHTING SERVICES 108306 09/11/2015 ELECTRICAL SVC 215-7004-60104 6,930.00 SMITH PIPE & SUPPLY CO 108322 09/11/2015 IRRIGATION MATERIAL 215-7004-60431 166.43 TYCO INTEGRATED SECURITY 108332 09/11/2015 SECURITY 215-7004-60123 212.92 Fund 215 - LIGHTING & LANDSCAPING FU Total: 26,704.57 Fund: 218 - CV VIOLENT CRIME TASK FOR BURRTEC WASTE & RECYCLI 108280 09/11/2015 SEP-TRASH SVC 218-0000-61501 85.61 DELARA TOWING INC 108291 09/11/2015 JABG VAN WINDO REPAIR 218-0000-60665 120.60 NEXTEL GANG TASK FORCE 108308 09/11/2015 CELL PHONES 7/12-8/11 218-0000-61300 37.88 RIVERA, EDWARD 108313 09/11/2015 AUG-JANITORIAL 218-0000-60115 60.00 SANCHEZ, CLARO 108319 09/11/2015 CGIA CONFERENCE REIMB 218-0000-60320 325.00 STAPLES GANG TASK FORCE 108325 09/11/2015 OFFICE SUPPLIES 218-0000-60400 96.03 STAPLES GANG TASK FORCE 108325 09/11/2015 OFFICE SUPPLIES 218-0000-60400 42.43 VERIZON CA - GANG TASK FO 108338 09/11/2015 PHONE SVC 8/22-9/21 218-0000-61300 398.46 VERIZON CA - GANG TASK FO 108338 09/11/2015 CLETS LINE 7/13-9/12 218-0000-42190 589.29 Fund 218 - CV VIOLENT CRIME TASK FOR Total: 1,755.30 Fund: 224 - TUMF COACHELLA VALLEY ASSOC 0 108286 09/11/2015 AUG-TUMF FEE 224-0000-20320 18,374.40 Fund 224 - TUMF Total: 18,374.40 Fund: 241- HOUSING AUTHORITY PA1 CAHA, BECKY 108281 09/11/2015 AUG-PA1 HA PROF SERVICES 241-9101-60103 4,237.50 Fund 241- HOUSING AUTHORITY PA3 Total: 4,237.50 9/28/2015 6:03:27 PM Page 2 of 5 26 Click here to return to Agenda Demand Register Packet: APPKT00536 - SHM 9/11/15 Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount Fund: 401- CAPITAL IMPROVEMENT PROGR BENGAL ENGINEERING INC 108279 09/11/2015 DESIGN 7/11-8/6 401-0000-60185 2,755.00 BENGAL ENGINEERING INC 108279 09/11/2015 JUL-DESIGN 401-0000-60185 25,659.36 CITY OF PALM DESERT 108284 09/11/2015 JUL'14-JUN'15 LANDSCAPE/T 401-0000-60188 1,709.44 DESERT SUN PUBLISHING CO 108292 09/11/2015 ADS 401-0000-60188 754.80 DESERT SUN PUBLISHING CO 108292 09/11/2015 ADS 401-0000-60188 730.80 DESERT SUN PUBLISHING CO 108292 09/11/2015 ADS 401-0000-60188 759.60 GRANITE CONSTRUCTION CO 108302 09/11/2015 ADAMS ST IMPROVEMENTS 401-0000-60188 230,974.83 GUNTERSON, KRISTOPHER 108303 09/11/2015 REIMB-TOOLS 401-0000-60188 25.81 RG GENERAL ENGINEERING 108312 09/11/2015 ADA IMPROVEMENTS 401-0000-60188 19,838.38 WALTERS WHOLESALE ELECT 108340 09/11/2015 ELECTRICAL SUPPLIES 401-0000-60188 257.04 WALTERS WHOLESALE ELECT 108340 09/11/2015 ELECTRICAL CONDUCTOR 401-0000-60188 78.42 WALTERS WHOLESALE ELECT 108340 09/11/2015 ELECTRICAL CONDUCTOR 401-0000-60188 189.82 WALTERS WHOLESALE ELECT 108340 09/11/2015 ELECTRICALTOOLS 401-0000-60188 223.11 WALTERS WHOLESALE ELECT 108340 09/11/2015 ELECTRICALTOOLS 401-0000-60188 21.38 Fund 401- CAPITAL IMPROVEMENT PROGR Total: 283,977.79 Fund: 501- EQUIPMENT REPLACEMENT HONDA YAMAHA OF REDLA 108304 09/11/2015 MOTORCYCLE REPAIR 501-0000-60679 175.00 L & L AUTOMOTIVE 108305 09/11/2015 TK#70 SERVICE/MAINT 501-0000-60676 82.41 RIVERSIDE COUNTY SHERIFF' 108316 09/11/2015 FUEL 6/24-7/24 501-0000-60674 311.56 STONES, CAM AUTOMOTIVE 108326 09/11/2015 TK#71 SERVICE MAINT 501-0000-60676 360.13 TOWER ENERGY GROUP 108330 09/11/2015 FUEL8/1-8/15 501-0000-60674 2,582.75 Fund 501- EQUIPMENT REPLACEMENT Total: 3,511.85 Fund: 502 - INFORMATION TECHNOLOGY DIGITAL MAP PRODUCTS INC 108293 09/11/2015 CLOUD GIS 7/1-8/21 502-0000-60421 2,833.00 TIME WARNER CABLE 108328 09/11/2015 CABLE -WC 8/20-9/19 502-0000-60108 8.83 Fund 502 - INFORMATION TECHNOLOGY Total: 2,841.83 Fund: 735 - 97-1 AGENCY REDEMPTION FUND WILLDAN FINANCIAL SERVIC 108342 09/11/2015 AD97-1ADMIN 735-0000-23410 152.66 Fund 735 - 97-1 AGENCY REDEMPTION FUND Total: 152.66 Grand Total: 425,723.60 9/28/2015 6:03:27 PM Page 3 of 5 27 Demand Register Click here to return to Agenda Packet: APPKT00536 - SHIM 9/11/15 Fund Summary Fund 101-GENERAL FUND 201 - GAS TAX FUND 202 - LIBRARY FUND 215 - LIGHTING & LANDSCAPING FU 218 - CV VIOLENT CRIME TASK FOR 224 - TUMF 241- HOUSING AUTHORITY PA1 401- CAPITAL IMPROVEMENT PROGR 501- EQUIPMENT REPLACEMENT 502 - INFORMATION TECHNOLOGY 735 - 97-1 AGENCY REDEMPTION FUND Grand Total: Account Number 101-0000-20310 101-0000-20947 101-0000-20949 101-0000-20955 101-0000-20981 101-0000-20985 101-0000-22830 101-0000-42300 101-0000-42600 101-0000-43631 101-1001-60320 101-1002-60320 101-1005-60400 101-1005-60450 101-1007-60402 101-1007-61300 101-2001-60175 101-2001-60193 101-2002-60670 101-2002-61100 101-2002-61200 101-3002-60115 101-3002-60420 101-3002-61100 101-3002-61200 101-3005-60108 101-3005-60115 101-3005-61203 101-3005-61204 101-3005-61205 101-3005-61206 101-3005-61210 101-3008-60115 101-3008-61200 101-6001-60103 101-6001-60320 101-6001-60400 101-6001-60410 101-6001-60450 101-6003-50250 101-6003-60320 101-6004-31190 Account Summary Account Name MSHCP Mitigation Fee Life Insurance Pay LT Care Insurance Pay Disability Insurance Pay United Way Deductions Garnishments Payable Miscellaneous Deposits Cash Over/Short Plan Check Fees CVMSHCP Admin Fee Travel & Training Travel & Training Office Supplies Advertising Forms Utilities - Telephone Special Enforcement Fun Sexual Assault Exam Fee Fire Station Utilities - Gas Utilities - Water Janitorial Operating Supplies Utilities - Gas Water- Inside Technical Janitorial Utilities - Water -Eisenho Utilities - Water -Fritz Bu Utilities - Water -Velasco Utilities - Water -Desert Utilities - Water -Adams Janitorial Utilities - Water Professional Travel & Training Office Supplies Printing Advertising Vehicle Reimbursement Travel & Training Admin Citation Services Expense Amount 77,333.24 1,694.46 5,140.00 26,704.57 1,755.30 18,374.40 4,237.50 283,977.79 3,511.85 2,841.83 152.66 425,723.60 Expense Amount 10,189.00 521.55 144.16 3,946.73 60.00 1,097.92 600.00 394.70 36.26 -101.89 25.00 100.00 5.24 159.60 345.29 185.79 170.00 516.00 1,947.00 28.00 234.06 1,795.00 315.00 66.86 276.82 28,575.00 1,690.00 68.28 570.20 41.40 257.58 545.42 3,100.00 107.82 2,640.00 40.82 294.52 60.54 921.00 246.10 635.00 72.79 Report SumMary 9/28/2015 6:03:27 PM 28 Page 4 of 5 Demand Register Click here to return to Agenda Packet: APPKT00536 - SHM 9/11/15 Account Summary Account Number Account Name Expense Amount 101-6004-60690 Uniforms 388.15 101-7001-60400 Office Supplies 38.87 101-7001-60420 Operating Supplies 60.54 101-7002-60183 Map/Plan Checking 903.00 101-7006-43132 Vacant Land Dust Contro 30.37 101-7006-60144 Contract Traffic Engineer 12,987.75 201-7003-60115 Janitorial 150.00 201-7003-60429 Signs 1,368.36 201-7003-60690 Uniforms 176.10 202-3004-60112 Landscape Contract 1,575.00 202-3004-60115 Janitorial 1,900.00 202-3006-60108 Technical 1,115.00 202-3006-60115 Janitorial 550.00 215-7004-60104 Consultants 6,930.00 215-7004-60123 Security & Alarm 212.92 215-7004-60189 Technical 8,385.88 215-7004-60431 Materials 166.43 215-7004-61211 Utilities - Water - Media 11,009.34 218-0000-42190 CLET Line 589.29 218-0000-60115 Janitorial 60.00 218-0000-60320 Travel & Training 325.00 218-0000-60400 Office Supplies 138.46 218-0000-60665 Maint.-Other Equipment 120.60 218-0000-61300 Utilities -Telephone 436.34 218-0000-61501 Refuse Collection 85.61 224-0000-20320 TUMF Payable to CVAG 18,374.40 241-9101-60103 Professional 4,237.50 401-0000-60185 Design 28,414.36 401-0000-60188 Construction 255,563.43 501-0000-60674 Fuel & Oil 2,894.31 501-0000-60676 Vehicle Repair & Mainte 442.54 501-0000-60679 Motorcycle Repair & Ma 175.00 502-0000-60108 Technical 8.83 502-0000-60421 Supplies - Software 2,833.00 735-0000-23410 AD Administrative fees 152.66 Grand Total: 425,723.60 Project Account Summary Project Account Key Expense Amount **None** 141,745.81 091004D 2,755.00 111205D 25,659.36 121301CT 230,974.83 131407CT 2,505.02 141501CT 19,838.38 141513CT 1,514.40 141516CT 730.80 Grand Total: 425,723.60 9/28/2015 6:03:27 PM Page 5 of 5 29 Click here to return to Agenda Demand Register City of La quinta, CA Packet: APPKT00539 - SHM 9/18/15 Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount Fund: 101-GENERAL FUND 41MPRINT 108344 09/18/2015 BC MAGNET 101-2001-60109 207.19 41MPRINT 108344 09/18/2015 STAFF SHIRTS 101-3003-60420 1,064.74 AMERICAN FORENSIC NURSE 108346 09/18/2015 BLOOD ALCOHOL 101-2001-36310 80.00 AMERIPRIDE SERVICES INC 108347 09/18/2015 JANITORIAL EOW 9/3/15 101-3002-60115 152.94 BANG INC, DAVE 108349 09/18/2015 LQ PARK VANDALISM 101-3005-60423 4,957.60 BANG INC, DAVE 108349 09/18/2015 ADAMS VOLLEYBALL 101-3005-60424 612.30 BIO CLEAR WATER SOLUTION 108350 09/18/2015 LAKE MAINT 8/11-9/1 101-3005-60117 665.00 BIO-TOX LABORATORIES 108351 09/18/2015 BLOOD ALCOHOL 101-2001-36310 41.70 BIO-TOX LABORATORIES 108351 09/18/2015 BLOOD ALCOHOL 101-2001-36310 117.00 CANON FINANCIAL SERVICES 108353 09/18/2015 SEP-CONTRACT CHARGE 101-1007-60662 293.54 CANON FINANCIAL SERVICES 108353 09/18/2015 CONTRACT CHARGE 101-1007-60662 1,572.94 CDW GOVERNMENT INC 108354 09/18/2015 EARTHQUAKE WARNING SYS 101-2002-60671 98.77 CONSERVE LANDCARE 108355 09/18/2015 CITY HALL PLANTERS 101-3005-60113 1,040.00 CONSERVE LANDCARE 108355 09/18/2015 CITY HALL -TREE IRRIG 101-3005-60113 580.00 CONSERVE LANDCARE 108355 09/18/2015 IRRIG-FONDA/MAIN 101-3005-60113 585.00 DAIOHS FIRST CHOICE SERVI 108356 09/18/2015 COFFEE SUPPLIES 101-1007-60403 35.93 DAIOHS FIRST CHOICE SERVI 108356 09/18/2015 COFFEE SUPPLIES 101-1007-60403 145.98 DATA TICKET, INC. 108357 09/18/2015 AUG-CITATION PROCESSING 101-6004-31190 446.27 DESERT ELECTRIC SUPPLY 108360 09/18/2015 BAY LIGHTS COVER 101-2002-60670 168.11 DESERT FIRE EXTINGUISHER 108361 09/18/2015 FIRE EXTINGUISHER SVC 101-3002-60692 139.56 DESERT SANDS UNIFIED SCH 108362 09/18/2015 OCT'15-APR'16 50% CMP FA 101-3001-60157 3,500.00 GALLS LLC 108364 09/18/2015 CODE UNIFORMS 101-6004-60690 92.34 GARDAWORLD 108365 09/18/2015 ARMORED SERVICE 101-1006-60103 19.75 GAS COMPANY, THE 108366 09/18/2015 FS##93 GAS 7/30-8/28 101-2002-61100 71.03 GRAPHTEK INTERACTIVE 108367 09/18/2015 SEP-RETAINER 101-3007-60461 11,500.00 GREATER PALM SPRINGS CVB 108368 09/18/2015 FY14/15 TOT RECON 101-3007-60151 15,304.96 HENSON CONSULTING GROU 108369 09/18/2015 AUG-CONSULTATIONS 101-1002-60101 9,975.00 IMPERIAL IRRIGATION DIST 108370 09/18/2015 ELECTRICITY SERVICE 101-3002-61101 3,419.56 IMPERIAL IRRIGATION DIST 108370 09/18/2015 ELECTRICITY SERVICE 101-2002-61101 1,377.23 IMPERIAL IRRIGATION DIST 108370 09/18/2015 ELECTRICITY SERVICE 101-3005-61103 1,560.28 IMPERIAL IRRIGATION DIST 108370 09/18/2015 ELECTRICITY SERVICE 101-3005-61104 31.03 IMPERIAL IRRIGATION DIST 108370 09/18/2015 ELECTRICITY SERVICE 101-3005-61108 136.87 IMPERIAL IRRIGATION DIST 108370 09/18/2015 ELECTRICITY SERVICE 101-3005-61109 267.64 IMPERIAL IRRIGATION DIST 108370 09/18/2015 ELECTRICITY SERVICE 101-3005-61110 55.94 IMPERIAL IRRIGATION DIST 108370 09/18/2015 ELECTRICITY SERVICE 101-3005-61114 12.34 INTERWEST CONSULTING GR 108372 09/18/2015 JUL-PROF SERVICES 101-6003-60118 6,699.00 IRCINC 108373 09/18/2015 PRE -EMPLOYMENT CHECKS 101-1004-60104 210.00 JAS PACIFIC INC 108375 09/18/2015 AUG-BLDG PLAN CHECK 101-6003-60118 15,054.00 LA QUINTA FARMS LLC 108377 09/18/2015 SEP-PM10 SERVICE 101-7006-60146 23,750.00 LOCK SHOP INC, THE 108380 09/18/2015 GENERAL R&M 101-3002-60691 20.00 MAXWELL SECURITY SERVICE 108381 09/18/2015 SEP-SECURITY PATROL 101-3008-60123 150.00 MUNICIPAL EMERGENCY SER 108382 09/18/2015 PIERCING NOZZLE 101-2002-80101 685.81 NAI CONSULTING INC 108383 09/18/2015 AUG-PROFESSIONAL SVC 101-7001-60104 6,184.91 NAI CONSULTING INC 108383 09/18/2015 AUG-PROFESSIONAL SVC 101-7006-60104 580.00 OFFICE DEPOT 108384 09/18/2015 BCARDS-MCTIGUE 101-2001-60420 60.54 OFFICE DEPOT 108384 09/18/2015 BCARDS-MARTINDALE 101-6001-60410 60.54 OLD TOWN LA QUINTA, LLC 108385 09/18/2015 BLK PARTY SPONSOR FEE 101-3007-60461 2,500.00 PLANIT REPROGRAPHICS SYS 108387 09/18/2015 COMM OUTREACH BOARDS 101-6004-60410 336.50 PLUG & PAY TECHNOLOGIES 1 108388 09/18/2015 AUG-CC FEES 101-3003-60122 40.00 POLAR BARR AIR CONDITION 108389 09/18/2015 HVAC MAINT & SVC 101-3002-60667 220.00 POLAR BARR AIR CONDITION 108389 09/18/2015 HVAC MAINT & SVC 101-3002-60667 176.00 POWERS AWARDS INC 108390 09/18/2015 NAME PLATES/BADGES 101-1002-60420 40.50 POWERS AWARDS INC 108390 09/18/2015 NAME PLATES/BADGES 101-3001-60420 20.25 9/28/2015 6:03:43 PM Page 1 of 7 30 Click here to return to Agenda Demand Register Packet: APPKT00539 - SHIM 9/18/15 Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount RADAR SHOP INC, THE 108393 09/18/2015 EQUIPT MAINT 101-2001-60175 884.36 RASA/ERIC NELSON 108394 09/18/2015 PM2015-0003 101-7002-60183 380.00 SCENTAIR TECHNOLOGIES IN 108395 09/18/2015 OPERATING SUPPLIES 101-3002-60420 192.25 SHARK POOLS INC 108396 09/18/2015 CHLORINE-FB POOL 101-3001-60184 407.50 SHARK POOLS INC 108396 09/18/2015 CHLORINE-FB POOL 101-3001-60184 407.50 SHARK POOLS INC 108396 09/18/2015 CHLORINE-FB POOL 101-3001-60184 407.50 SHARK POOLS INC 108396 09/18/2015 CHLORINE-FB POOL 101-3001-60184 407.50 SHARK POOLS INC 108396 09/18/2015 SEP-FB POOL 101-3001-60184 488.75 SHARK POOLS INC 108396 09/18/2015 FB-SMALL POOL RESURFACE 101-3001-60184 1,125.99 SHARK POOLS INC 108396 09/18/2015 CHLORINE-FB POOL 101-3001-60184 407.50 SHARK POOLS INC 108396 09/18/2015 AUG-LQ PARK WATER FT 101-3005-60554 295.00 SHARK POOLS INC 108396 09/18/2015 CHLORINE-LQ PK WATER FT 101-3005-60554 119.90 SHARK POOLS INC 108396 09/18/2015 SEP-LQ PARK WATER FT 101-3005-60554 295.00 SMART & FINAL 108398 09/18/2015 BACK TO SCHOOL PRG 101-3002-60420 207.96 STAPLES ADVANTAGE 108402 09/18/2015 EOC PROJECTORS 101-2002-60671 1,317.49 STAPLES ADVANTAGE 108402 09/18/2015 OFFICE SUPPLIES 101-2002-60671 82.46 STAPLES ADVANTAGE 108402 09/18/2015 EOC RACK 101-2002-60671 27.17 STAPLES ADVANTAGE 108402 09/18/2015 OFFICE SUPPLIES 101-1004-60400 56.57 STAPLES ADVANTAGE 108402 09/18/2015 OFFICE SUPPLIES 101-1002-60400 47.06 STAPLES ADVANTAGE 108402 09/18/2015 OFFICE SUPPLIES 101-1004-60400 19.96 STAPLES ADVANTAGE 108402 09/18/2015 OFFICE SUPPLIES 101-3001-60400 52.12 STAPLES ADVANTAGE 108402 09/18/2015 OFFICE SUPPLIES 101-3003-60420 48.77 STAPLES ADVANTAGE 108402 09/18/2015 OFFICE SUPPLIES 101-6001-60400 313.22 STAPLES ADVANTAGE 108402 09/18/2015 OFFICE SUPPLIES 101-6001-60400 48.46 TAG/AMS INC 108403 09/18/2015 DOT TESTING 7/29/15 101-1004-60103 168.00 TERRA NOVA PLANNING & R 108404 09/18/2015 AUG-PL CONSULTANT SVC 101-6002-60103 4,166.25 VERIZON WIRELESS 108409 09/18/2015 ESCHAT7/11-8/10 101-1007-61301 43.76 WELLS FARGO BUSINESS CAR 108411 09/18/2015 VISA CARD PYMT 8/3-9/1 101-1001-60320 282.00 WELLS FARGO BUSINESS CAR 108411 09/18/2015 VISA CARD PYMT 8/3-9/1 101-1001-60420 78.29 WELLS FARGO BUSINESS CAR 108411 09/18/2015 VISA CARD PYMT 8/3-9/1 101-1002-60320 858.10 WELLS FARGO BUSINESS CAR 108411 09/18/2015 VISA CARD PYMT 8/3-9/1 101-1002-60420 30.29 WELLS FARGO BUSINESS CAR 108411 09/18/2015 VISA CARD PYMT 8/3-9/1 101-1004-60320 68.93 WELLS FARGO BUSINESS CAR 108411 09/18/2015 VISA CARD PYMT 8/3-9/1 101-1005-60400 23.31 WELLS FARGO BUSINESS CAR 108411 09/18/2015 VISA CARD PYMT 8/3-9/1 101-2001-60175 804.52 WELLS FARGO BUSINESS CAR 108411 09/18/2015 VISA CARD PYMT 8/3-9/1 101-3002-60420 111.16 WELLS FARGO BUSINESS CAR 108411 09/18/2015 VISA CARD PYMT 8/3-9/1 101-3003-60149 432.74 WELLS FARGO BUSINESS CAR 108411 09/18/2015 VISA CARD PYMT 8/3-9/1 101-3005-60320 150.00 WELLS FARGO BUSINESS CAR 108411 09/18/2015 VISA CARD PYMT 8/3-9/1 101-3007-60461 1,259.00 WELLS FARGO BUSINESS CAR 108411 09/18/2015 VISA CARD PYMT 8/3-9/1 101-3008-60420 103.70 WELLS FARGO BUSINESS CAR 108411 09/18/2015 VISA CARD PYMT 8/3-9/1 101-3008-60665 647.10 WELLS FARGO BUSINESS CAR 108411 09/18/2015 VISA CARD PYMT 8/3-9/1 101-6001-60320 256.00 WELLS FARGO BUSINESS CAR 108411 09/18/2015 VISA CARD PYMT 8/3-9/1 101-6001-60320 80.00 WELLS FARGO BUSINESS CAR 108411 09/18/2015 VISA CARD PYMT 8/3-9/1 101-6001-60400 384.35 WELLS FARGO BUSINESS CAR 108411 09/18/2015 VISA CARD PYMT 8/3-9/1 101-6001-60450 364.00 WELLS FARGO BUSINESS CAR 108411 09/18/2015 VISA CARD PYMT 8/3-9/1 101-7002-60320 95.00 Fund 101- GENERAL FUND Total: 135,573.08 Fund: 201- GAS TAX FUND ALSCO INC 108345 09/18/2015 UNIFORM RENTAL EOM 9/4/ 201-7003-60690 88.05 AUTOZONE 108348 09/18/2015 TOGGLE SWITCH 2O1-7003-60431 5.26 CALIFORNIA CONTRACTORS 108352 09/18/2015 SAFETY GEAR 201-7003-60427 231.73 FASTENAL COMPANY 108363 09/18/2015 MATERIAL 201-7003-60431 144.61 JERNIGAN'S, INC 108376 09/18/2015 SAFETY GEAR 201-7003-60427 188.99 JERNIGAN'S, INC 108376 09/18/2015 SAFETY GEAR 201-7003-60427 140.39 JERNIGAN'S, INC 108376 09/18/2015 SAFETY GEAR 201-7003-60427 188.99 JERNIGAN'S, INC 108376 09/18/2015 SAFETY GEAR 201-7003-60427 209.50 PROPER SOLUTIONS INC 108391 09/18/2015 TEMP STAFFING WKEND 8/2 201-7003-60125 323.38 PROPER SOLUTIONS INC 108391 09/18/2015 TEMP STAFFING WKEND 9/4 201-7003-60125 323.38 SPARKLETTS 108401 09/18/2015 DRINKING WATER 201-7003-61200 75.57 TOPS'N BARRICADES INC 108405 09/18/2015 SIGNS 201-7003-60429 682.83 9/28/2015 6:03:43 PM Page 2 of 7 31 Click here to return to Agenda Demand Register Packet: APPKT00539 - SHM 9/18/15 Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount UNDERGROUND SERVICE AL 108407 09/18/2015 DIG ALERTS - 45 201-7003-60431 67.50 Fund 201- GAS TAX FUND Total: 2,670.18 Fund: 202 - LIBRARY FUND CONSERVE LANDCARE 108355 09/18/2015 TREE IRRIG/AC DRAIN 202-3004-60691 465.00 WELLS FARGO BUSINESS CAR 108411 09/18/2015 VISA CARD PYMT 8/3-9/1 202-3006-60691 398.52 Fund 202 - LIBRARY FUND Total: 863.52 Fund: 215 - LIGHTING & LANDSCAPING FU DESERT ELECTRIC SUPPLY 108360 09/18/2015 ELECTRICAL MATERIAL 215-7004-60431 123.18 DESERT ELECTRIC SUPPLY 108360 09/18/2015 ELECTRICAL MATERIAL 215-7004-60431 48.97 DESERT ELECTRIC SUPPLY 108360 09/18/2015 ELECTRICAL MATERIAL 215-7004-60431 1.68 DESERT ELECTRIC SUPPLY 108360 09/18/2015 ELECTRICAL MATERIAL 215-7004-60431 40.78 INLAND POWER EQUIPMENT 108371 09/18/2015 CHAIN SAW BLADES 215-7004-60431 150.61 LANDMARK GOLF MANAGE 108378 09/18/2015 SILVERROCK LANDSCAPE 215-7004-60143 5,287.00 SMITH PIPE & SUPPLY CO 108399 09/18/2015 IRRIGATION MATERIAL 215-7004-60431 110.08 VERIZON CALIFORNIA 108408 09/18/2015 PHONE SERVICE $/4-9/6 215-7004-60189 101.69 VERIZON CALIFORNIA 108408 09/18/2015 PHONE SERVICE 8/10-9/9 215-7004-60189 58.37 WALTERS WHOLESALE ELECT 108410 09/18/2015 ELECTRICAL MATERIAL 215-7004-60431 13.20 WALTERS WHOLESALE ELECT 108410 09/18/2015 ELECTRICAL MATERIAL 215-7004-60431 17.05 WALTERS WHOLESALE ELECT 108410 09/18/2015 ELECTRICAL MATERIAL 215-7004-60431 126.08 WALTERS WHOLESALE ELECT 108410 09/18/2015 ELECTRICAL MATERIAL 215-7004-60431 20.26 WALTERS WHOLESALE ELECT 108410 09/18/2015 ELECTRICAL MATERIAL 215-7004-60431 25.58 WALTERS WHOLESALE ELECT 108410 09/18/2015 ELECTRICAL MATERIAL 215-7004-60431 41.15 WALTERS WHOLESALE ELECT 108410 09/18/2015 ELECTRICAL MATERIAL 215-7004-60431 65.60 WALTERS WHOLESALE ELECT 108410 09/18/2015 ELECTRICAL MATERIAL 215-7004-60431 124.25 Fund 215 - LIGHTING & LANDSCAPING FU Total: 6,355.53 Fund: 401- CAPITAL IMPROVEMENT PROGR DDL TRAFFIC INC. 108358 09/18/2015 BATTERIES 401-0000-60188 4,536.00 DESERT BATTERY CO INC 108359 09/18/2015 SCHOOL BEACENS BATTERIES 401-0000-60188 141.48 ITERIS 108374 09/18/2015 VIDEO SYS-MILES/WASHING 401-0000-60188 32,432.40 NAI CONSULTING INC 108383 09/18/2015 AUG-PROFESSIONALSVC 401-0000-60103 4,060.00 NAI CONSULTING INC 108383 09/18/2015 AUG-PROFESSIONALSVC 401-0000-60103 580.00 NAI CONSULTING INC 108383 09/18/2015 AUG-PROFESSIONAL SVC 401-0000-60103 725.00 NAI CONSULTING INC 108383 09/18/2015 AUG-PROFESSIONALSVC 401-0000-60103 1,595.00 NAI CONSULTING INC 108383 09/18/2015 AUG-PROFESSIONALSVC 401-0000-60103 1,885.00 NAI CONSULTING INC 108383 09/18/2015 AUG-PROFESSIONAL SVC 401-0000-60103 2,770.00 NAI CONSULTING INC 108383 09/18/2015 AUG-PROFESSIONAL SVC 401-0000-60103 455.03 NAI CONSULTING INC 108383 09/18/2015 AUG-PROFESSIONAL SVC 401-0000-60103 1,370.00 NAI CONSULTING INC 108383 09/18/2015 AUG-PROFESSIONALSVC 401-0000-60103 290.00 NAI CONSULTING INC 108383 09/18/2015 AUG-PROFESSIONAL SVC 401-0000-60103 5,720.00 NAI CONSULTING INC 108383 09/18/2015 AUG-PROFESSIONAL SVC 401-0000-60103 2,665.00 NAI CONSULTING INC 108383 09/18/2015 AUG-PROFESSIONAL SVC 401-0000-60103 435.00 NAI CONSULTING INC 108383 09/18/2015 AUG-PROFESSIONAL SVC 401-0000-60103 145.00 NAI CONSULTING INC 108383 09/18/2015 AUG-PROFESSIONAL SVC 401-0000-60103 1,450.00 NAI CONSULTING INC 108383 09/18/2015 AUG-PROFESSIONALSVC 401-0000-60103 145.00 NAI CONSULTING INC 108383 09/18/2015 AUG-PROFESSIONAL SVC 401-0000-60103 2,755.00 NAI CONSULTING INC 108383 09/18/2015 AUG-PROFESSIONAL SVC 401-0000-60103 2,610.00 NAI CONSULTING INC 108383 09/18/2015 AUG-PROFESSIONAL SVC 401-0000-60103 1,305.00 NAI CONSULTING INC 108383 09/18/2015 AUG-PROFESSIONAL SVC 401-0000-60103 145.00 NAI CONSULTING INC 108383 09/18/2015 AUG-PROFESSIONAL SVC 401-0000-60185 145.00 Fund 401- CAPITAL IMPROVEMENT PROGR Total: 68,359.91 Fund: 501- EQUIPMENT REPLACEMENT AUTOZONE 108348 09/18/2015 TK#53 BATTERY 501-0000-60675 129.59 AUTOZONE 108348 09/18/2015 TKE#53 BATTERY CORE 501-0000-60675 -18.00 PATTON DOOR & GATE 108386 09/18/2015 TK#71 PARTS 501-0000-60675 125.00 R A N AUTO DETAIL 108392 09/18/2015 CAR WASH 8/22/15 501-0000-43430 505.00 SOUTHERN CALIFORNIA GAS 108400 09/18/2015 AUG-FUEL 501-0000-60674 181.96 TOWER ENERGY GROUP 108406 09/18/2015 FUEL 8/16-31/15 501-0000-60674 2,613.70 Fund 501- EQUIPMENT REPLACEMENT Total: 3,537.25 9/28/2015 6:03:43 PM Page 3 of 7 32 Click here to return to Agenda Demand Register Packet: APPKT00539 - SHIM 9/18/15 Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount Fund: 502 - INFORMATION TECHNOLOGY CDW GOVERNMENT INC 108354 09/18/2015 CREDIT 502-0000-80100 -10.34 PLUG & PAY TECHNOLOGIES 1 108388 09/18/2015 AUG-CC FEES 502-0000-60420 110.00 SIGMANET 108397 09/18/2015 2PORT ADAPTER -FAX MACHI 502-0000-80100 54.00 SIGMANET 108397 09/18/2015 HARD DRIVE REPLACEMENT 502-0000-80100 165.76 SIGMANET 108397 09/18/2015 APC SAN STORAGE 502-0000-80100 1,641.60 STAPLES ADVANTAGE 108402 09/18/2015 NETWORK CABLES 502-0000-80100 24.38 STAPLES ADVANTAGE 108402 09/18/2015 HARD DRIVE 502-0000-80100 64.79 STAPLES ADVANTAGE 108402 09/18/2015 LQCHAMBER PRINTERS 502-0000-80100 647.89 STAPLES ADVANTAGE 108402 09/18/2015 POWER SUPPLY 502-0000-80100 37.79 Fund 502 - INFORMATION TECHNOLOGY Total: 2,735.87 Fund: 503 - PARK EQUIP & FACILITY FND BANG INC, DAVE 108349 09/18/2015 LQ PARK BBQ'S 503-0000-71060 608.50 LASALLE PAINTING, INC. 108379 09/18/2015 FENCE-LQ PK PARKING 503-0000-71060 2,495.00 Fund 503 - PARK EQUIP & FACILITY FIND Total: 3,103.50 Grand Total: 223,198.84 9/28/2015 6:03:43 PM Page 4 of 7 33 Demand Register Click here to return to Agenda Packet: APPKT00539 - SHIM 9/18/15 Fund Summary Fund 101-GENERAL FUND 201- GAS TAX FUND 202 - LIBRARY FUND 215 - LIGHTING & LANDSCAPING FU 401- CAPITAL IMPROVEMENT PROGR 501- EQUIPMENT REPLACEMENT 502 - INFORMATION TECHNOLOGY 503 - PARK EQUIP & FACILITY FND Grand Total: Account Number 101-1001-60320 101-1001-60420 101-1002-60101 101-1002-60320 101-1002-60400 101-1002-60420 101-1004-60103 101-1004-60104 101-1004-60320 101-1004-60400 101-1005-60400 101-1006-60103 101-1007-60403 101-1007-60662 101-1007-61301 101-2001-36310 101-2001-60109 101-2001-60175 101-2001-60420 101-2002-60670 101-2002-60671 101-2002-61100 101-2002-61101 101-2002-80101 101-3001-60157 101-3001-60184 101-3001-60400 101-3001-60420 101-3002-60115 101-3002-60420 101-3002-60667 101-3002-60691 101-3002-60692 101-3002-61101 101-3003-60122 101-3003-60149 101-3003-60420 101-3005-60113 101-3005-60117 101-3005-60320 101-3005-60423 101-3005-60424 101-3005-60554 101-3005-61103 101-3005-61104 Account Summary Account Name Travel & Training Operating Supplies Contract Services - Admi Travel & Training Office Supplies Operating Supplies Professional Consultants Travel & Training Office Supplies Office Supplies Professional Coffee Copiers Mobile/Cell Phones Blood/Alcohol Testing LQ Police Volunteers Special Enforcement Fun Operating Supplies Fire Station Repair & Maintenance - Utilities - Gas Utilities - Electricity Machinery & Equipment Rent Expense Fritz Burns Park Office Supplies Operating Supplies Janitorial Operating Supplies HVAC Repair & Maintenance Maint.-Fire extinguishers Utilities - Electricity Credit Card Fees Special Events Operating Supplies Landscape Improvement Civic Center Lake Mainte Travel & Training Supplies -Graffiti Materials - Irrigation & L LQ Park Building Utilities - Electric - Civic Utilities - Electric - Pione Expense Amount 135,573.08 2,670.18 863.52 6,355.53 68,359.91 3,537.25 2,735.87 3,103.50 223,198.84 Expense Amount 282.00 78.29 9,975.00 858.10 47.06 70.79 168.00 210.00 68.93 76.53 23.31 19.75 181.91 1,866.48 43.76 238.70 207.19 1,688.88 60.54 168.11 1,525.89 71.03 1,377.23 685.81 3,500.00 3,652.24 52.12 20.25 152.94 511.37 396.00 20.00 139.56 3,419.56 40.00 432.74 1,113.51 2,205.00 665.00 160.00 4,957.60 612.30 709.90 1,560.28 31.03 Report Summary' 9/28/2015 6:03:43 PM Page 5 of 7 34 Demand Register Click here to return to Agenda Packet: APPKT00539 - SHM 9/18/15 Account Number 101-3005-61108 101-3005-61109 101-3005-61110 101-3005-61114 101-3007-60151 101-3007-60461 101-3008-60123 101-3008-60420 101-3008-60665 101-6001-60320 101-6001-60400 101-6001-60410 101-6001-60450 101-6002-60103 101-6003-60118 101-6004-31190 101-6004-60410 101-6004-60690 101-7001-60104 101-7002-60183 101-7002-60320 101-7006-60104 101-7006-60146 201-7003-60125 201-7003-60427 201-7003-60429 201-7003-60431 201-7003-60690 201-7003-61200 202-3004-60691 202-3006-60691 215-7004-60143 215-7004-60189 215-7004-60431 401-0000-60103 401-0000-60185 401-0000-60188 501-0000-43430 501-0000-60674 501-0000-60675 502-0000-60420 502-0000-80100 503-0000-71060 Project Account Key **None** 060706P 091002D 091004P 111205P 121307P 131402P 131407CT 131412P 141501P 141502P Account Summary Account Name Utilities - Electric - Colon Utilities - Electric - Corn Utilities - Electric - Adam Utilities - Electric - Deser PSDRCVB Economic Development/ Security & Alarm Operating Supplies Maint.-Other Equipment Travel & Training Office Supplies Printing Advertising Professional Plan Check Admin Citation Services Printing Uniforms Consultants Map/Plan Checking Travel & Training Consultants PM 10 SilverRock Temporary Agency Servi Safety Gear Signs Materials Uniforms Utilities - Water Repair & Maintenance Repair & Maintenance SilverRock Way Landsca Technical Materials Professional Design Construction Car Washes Fuel & Oil Parts & Maintenance Su Operating Supplies Machinery & Equipment Parks Grand Total: Project Account Summary Expense Amount 136.87 267.64 55.94 12.34 15,304.96 15,259.00 150.00 103.70 647.10 336.00 746.03 60.54 364.00 4,166.25 21,753.00 446.27 336.50 92.34 6,184.91 380.00 95.00 580.00 23,750.00 646.76 959.60 682.83 217.37 88.05 75.57 465.00 398.52 5,287.00 160.06 908.47 31,105.03 145.00 37,109.88 505.00 2,795.66 236.59 110.00 2,625.87 3,103.50 223,198.84 Expense Amount 154,838.93 455.03 145.00 1,370.00 2,770.00 5,720.00 2,610.00 37,109.88 290.00 4,060.00 580.00 9/28/2015 6:03:43 PM Page 6 of 7 35 Demand Register Click here to return to Agenda Packet: APPKT00539 - SHM 9/18/15 Project Account Summary Project Account Key Expense Amount 141504P 725.00 141512P 435.00 141513P 2,755.00 151601P 145.00 151604P 1,595.00 151606P 1,450.00 151607P 145.00 151608P 145.00 151609P 2,665.00 151610P 1,885.00 151613 P 1,305.00 Grand Total: 223,198.84 9/28/2015 6:03:43 PM Page 7 of 7 36 Click here to return to Agenda Demand Register City of La Quinta, CA Packet: APPKT00545 - SHM 9/25/15 Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount Fund: 101-GENERAL FUND A & A FENCE CO INC 108412 09/25/2015 REFUND OVERPAYMENT 101-0000-42300 2S.00 AGUA RITE POOL & SPA 108413 09/25/2015 REFUND OVERPAYMENT 101-0000-42300 19.00 ALVAREZ, MARIA ISABEL 108414 09/25/2015 INSTRUCTOR PAYMENT 101-3002-60107 504.14 AMERIPRIDE SERVICES INC 108415 09/25/2015 JANITORIAL EOW 9/17/15 101-3002-60115 134.44 ARBONNE INTERNATIONAL 108416 09/25/2015 REFUND OVERPAYMENT 101-0000-42300 29.00 BIG SKY GATE KEEPER 108417 09/25/2015 REFUND OVERPAYMENT 101-0000-42300 25.00 CALIPERS LONG-TERM CARE 108419 09/25/2015 LONG TERM CARE 101-0000-20949 144.16 CARMEL MOUNTAIN CABINE 108420 09/25/2015 NEW LECTURN 101-3008-71021 500.00 CASSEL, LLORA 108421 09/25/2015 INSTRUCTOR PAYMENT 101-3003-60107 134.40 COACHELLA VALLEY WATER 108422 09/25/2015 WATER SERVICES 101-2002-61200 760.68 COACHELLA VALLEY WATER 108422 09/25/2015 WATER SERVICES 101-3004-61200 170.05 COACHELLA VALLEY WATER 108422 09/25/2015 WATER SERVICES 101-3005-61204 93.65 COACHELLA VALLEY WATER 108422 09/25/2015 WATER SERVICES 101-3005-61207 419.54 COACHELLA VALLEY WATER 108422 09/25/2015 WATER SERVICES 101-3005-61208 20.12 COACHELLA VALLEY WATER 108422 09/25/2015 WATER SERVICES 101-3005-61209 96.65 COACHELLA VALLEY WATER 108422 09/25/2015 WATER SERVICES 101-3006-61200 2.24 COSTCO 108423 09/25/2015 2ND QTR SALES TAX REIMB 101-1007-60535 93,519.90 CSMFO 108424 09/25/2015 INTERMEDIATE GOVERNME 101-1006-60320 750.00 DANIELS, LINDA & STEWART, 108425 09/25/2015 REFUND OVERPAYMENT 101-0000-42300 7.00 DEPARTMENT OF ANIMAL SE 108426 09/25/2015 AUG-SHELTER SERVICES 101-6004-51070 6,434.96 DERMALOUNGE, THE 108427 09/25/2015 REFUND OVERPAYMENT 101-0000-42300 3.00 DESERT SUN PUBLISHING CO 108428 09/25/2015 ADS 101-6001-60450 229.20 DESERT SUN PUBLISHING CO 108428 09/25/2015 ADS 101-6001-60450 224.40 DESERT SUN PUBLISHING CO 108428 09/25/2015 ADS 101-6001-60450 229.20 DESERT SUN, THE 108429 09/25/2015 OCT-SUBSCRIPTION 101-6001-60450 75.16 DOOR TECH, LLC 108430 09/25/2015 GENERAL MAINT & REPAIR 101-3002-60691 350.00 DREAM DOGS 108431 09/25/2015 COMMUNITY OUTREACH 101-6001-60320 100.00 DUNE, CLARE 108432 09/25/2015 INSTRUCTOR PAYMENT 101-3002-60107 31.50 ESGIL CORPORATION 108433 09/25/2015 AUG-BLDG PLAN CHECK 101-6003-60118 1,018.50 EXPRESS CONTRACTORS INC 108434 09/25/2015 REFUND OVERPAYMENT 101-0000-42300 116.00 FIBER CARE BATHS INC 108435 09/25/2015 REFUND OVERPAYMENT 101-0000-42300 15.00 FRANCHISE TAX BOARD 108437 09/25/2015 GARNISHMENT 101-0000-20985 125.00 GALLS LLC 108438 09/25/2015 CODE UNIFORMS 101-6004-60690 161.73 HEWITT, JEFFREY 108441 09/25/2015 REFUND OVERPAYMENT 101-0000-42300 14.00 HOME DEPOT CREDIT SERVIC 108442 09/25/2015 AUG-HOME DEPOT 101-2002-60670 19.26 HOME DEPOT CREDIT SERVIC 108442 09/25/2015 AUG-HOME DEPOT 101-2002-60670 -19.26 HOME DEPOT CREDIT SERVIC 108442 09/25/2015 AUG-HOME DEPOT 101-3002-60691 8.95 HOME DEPOT CREDIT SERVIC 108442 09/25/2015 AUG-HOME DEPOT 101-3008-60420 7.84 HOME DEPOT CREDIT SERVIC 108442 09/25/2015 AUG-HOME DEPOT 101-3008-60665 34.97 HOME DEPOT CREDIT SERVIC 108442 09/25/2015 AUG-HOME DEPOT 101-3008-60691 27.45 HOWLETT,STEVE 108444 09/25/2015 REIMB SUPPLIES-DIAS MONI 101-3008-60691 35.85 HUNTINGTON HARDWARE C 108446 09/25/2015 EOC KEYS 101-3008-60420 34.58 INNOVATIVE DOCUMENT SO 108448 09/25/2015 JUN-AUG CONTRACT CHARG 101-1007-60662 5,801.34 J L ENDICOTT 108450 09/25/2015 GOLF TOUR PLAQUES 101-3003-60149 436.43 KLEIN, SANDRA 108452 09/25/2015 INSTRUCTOR PAYMENT 101-3003-60107 504.00 LENNAR HOMES 108455 09/25/2015 REFUND BRES2014-1260/BR 101-0000-20306 19.20 LENNAR HOMES 108455 09/25/2015 REFUND BRES2014-1260/BR 101-0000-42400 1,008.91 LENNAR HOMES 108455 09/25/2015 REFUND BRES2014-1260/BR 101-0000-42401 599.65 LENNAR HOMES 108455 09/25/2015 REFUND BRES2014-1260/BR 101-0000-42402 502.85 LENNAR HOMES 108455 09/25/2015 REFUND BRES2014-1260/BR 101-0000-42403 359.50 LENNAR HOMES 108455 09/25/2015 REFUND BRES2014-1260/BR 101-0000-42600 228.80 LOWE'S HOME IMPROVEME 108456 09/25/2015 LOWES 7/22-8/24 101-3002-60420 35.88 LOWE'S HOME IMPROVEME 108456 09/25/2015 LOWES 7/22-8/24 101-3002-60432 41.02 9/28/2015 6:04:02 PM Page 1 of 6 37 Click here to return to Agenda Demand Register Packet: APPKT00545 - SHM 9/25/15 Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount LOWE'S HOME IMPROVEME 108456 09/25/2015 LOWES 7/22-8/24 101-3003-60420 215.29 LOWE'S HOME IMPROVEME 108456 09/25/2015 LOWES 7/22-8/24 101-3008-60432 5.90 LOWE'S HOME IMPROVEME 108456 09/25/2015 LOWES 7/22-8/24 101-3008-60432 12.29 LOWE'S HOME IMPROVEME 108456 09/25/2015 LOWES 7/22-8/24 101-3008-60432 51.28 LOWE'S HOME IMPROVEME 108456 09/25/2015 LOWES 7/22-8/24 101-3008-60432 -51.28 LOWE'S HOME IMPROVEME 108456 09/25/2015 LOWES 7/22-8/24 101-3008-60665 92.28 LOWE'S HOME IMPROVEME 108456 09/25/2015 LOWES 7/22-8/24 101-3008-60665 5.63 LOWE'S HOME IMPROVEME 108456 09/25/2015 LOWES 7/22-8/24 101-3008-60665 -92.28 LOWE'S HOME IMPROVEME 108456 09/25/2015 LOWES 7/22-8/24 101-3008-60665 4.67 LOWE'S HOME IMPROVEME 108456 09/25/2015 LOWES 7/22-8/24 101-3008-60665 3.87 LOWE'S HOME IMPROVEME 108456 09/25/2015 LOWES 7/22-8/24 101-3008-60665 92.28 LOWE'S HOME IMPROVEME 108456 09/25/2015 LOWES 7/22-8/24 101-3008-60691 33.90 LOWE'S HOME IMPROVEME 108456 09/25/2015 LOWES 7/22-8/24 101-3008-60691 6.12 MCDOWELLAWARDS 108457 09/25/2015 NAMEPLATES 101-1006-60410 16.20 MCDOWELL AWARDS 108457 09/25/2015 NAME PLATES 101-6001-60410 141.48 MCKINNEY, BRYAN 108458 09/25/2015 TRAVEL EXP-PHOENIX 101-7002-60320 904.95 NI GOVERNMENT SERVICES 1 108459 09/25/2015 JUN-SATELLITE RADIO 101-2002-61304 154.75 NI GOVERNMENT SERVICES 1 108459 09/25/2015 AUG-SATELLITE RADIO 101-2002-61304 154.75 OFFICE DEPOT 108460 09/25/2015 BCARD-UBALDO 101-7006-60420 60.54 OFFICE TEAM 108461 09/25/2015 TEMP STAFFING WKEND 8/1 101-7002-60125 349.20 OFFICE TEAM 108461 09/25/2015 TEMP STAFFING WKEND 8/2 101-7002-60125 480.15 ONE ELEVEN LA QUINTA LLC 108462 09/25/2015 2ND QTR SALES TAX REIMB 101-1007-60535 5,400.75 PACIFIC WEST AIR CONDITIO 108463 09/25/2015 CITY HALL AC REPAIR 101-3008-60667 257.00 RASA/ERIC NELSON 108466 09/25/2015 FPM2015-0006 101-7002-60183 450.00 REFUGIO LLC, EL 108467 09/25/2015 REFUND OVERPAYMENT 101-0000-42300 25.00 RIVERSIDE COUNTY SHERIFF' 108468 09/25/2015 GARNISHMENT 101-0000-20985 395.09 RIVERSIDE COUNTY SHERIFF' 108469 09/25/2015 GARNISHMENT 101-0000-20985 123.18 RIVERSIDE DEPARTMENT OF 108470 09/25/2015 GARNISHMENT 101-0000-20985 200.00 ROGERS, ANDERSON, MALO 108471 09/25/2015 JUL-PROFESSIONAL SVCS 101-1006-60102 3,395.00 ROJAS, MIGUEL ANGEL 108472 09/25/2015 INSTRUCTOR PAYMENT 101-3003-60107 2,623.26 SHIRY, TERESA 108473 09/25/2015 INSTRUCTOR PAYMENT 101-3003-60107 483.00 SIGN A RAMA 108474 09/25/2015 ART GALLERY SIGNS 101-3008-60665 1,389.67 SILVERROCK RESORT 108475 09/25/2015 AUG'15 SALES TAX 101-0000-20304 48.00 SILVERROCK RESORT 108475 09/25/2015 AUG'15 SALES TAX 101-3001-60134 10.00 SILVERROCK RESORT 108475 09/25/2015 AUG'15 SALES TAX 101-3004-60420 45.00 SILVERROCK RESORT 108475 09/25/2015 AUG'15 SALES TAX 101-3008-71021 113.00 SILVERROCK RESORT 108475 09/25/2015 AUG'15 SALES TAX 101-6001-60400 1.00 SPEVACEK, FRANK 108476 09/25/2015 REIMB SACRAMENTO MTG 101-1002-60320 186.88 STAPLES ADVANTAGE 108477 09/25/2015 RETURN CREDIT 101-6001-60400 -27.17 STAPLES ADVANTAGE 108477 09/25/2015 OFFICE SUPPLIES 101-6001-60400 82.81 STAPLES ADVANTAGE 108477 09/25/2015 OFFICE SUPPLIES 101-1006-60400 70.92 TELEPACIFIC COMMUNICATI 108478 09/25/2015 TELEPACIFIC 8/23-9/22 101-1007-61300 485.47 TELEPACIFIC COMMUNICATI 108478 09/25/2015 TELEPACIFIC 8/23-9/22 101-1007-61300 280.44 TELEPACIFIC COMMUNICATI 108478 09/25/2015 TELEPACIFIC 8/23-9/22 101-1007-61300 47.36 TELEPACIFIC COMMUNICATI 108478 09/25/2015 TELEPACIFIC 8/23-9/22 101-1007-61300 511.62 TELEPACIFIC COMMUNICATI 108478 09/25/2015 TELEPACIFIC 8/23-9/22 101-1007-61300 335.19 TELEPACIFIC COMMUNICATI 108478 09/25/2015 TELEPACIFIC 8/23-9/22 101-3001-60184 46.74 TELEPACIFIC COMMUNICATI 108478 09/25/2015 TELEPACIFIC 8/23-9/22 101-3005-60554 233.70 TELEPACIFIC COMMUNICATI 108478 09/25/2015 TELEPACIFIC 8/23-9/22 101-3005-61204 46.74 TELEPACIFIC COMMUNICATI 108478 09/25/2015 TELEPACIFIC 8/23-9/22 101-6005-61300 1,064.51 TRUE, ARTHUR ALLEN 108480 09/25/2015 INSTRUCTOR PAYMENT 101-3002-60107 195.30 TRUE, ARTHUR ALLEN 108480 09/25/2015 INSTRUCTOR PAYMENT 101-3003-60107 214.20 TYCO INTEGRATED SECURITY 108481 09/25/2015 OCT-DEC FS#93 ALARM 101-2002-60123 257.75 TYCO INTEGRATED SECURITY 108481 09/25/2015 OCT-DEC CITY HALL ALARM 101-3008-60123 284.84 TYCO INTEGRATED SECURITY 108481 09/25/2015 OCT-DEC FS#32 ALARM 101-2002-60123 390.50 ULRICH, MARGARET 108482 09/25/2015 INSTRUCTOR PAYMENT 101-3002-60107 392.00 UNITED WAY OF THE DESERT 108483 09/25/2015 CONTRIBUTION 101-0000-20981 60.00 URIBE, LUIS 108484 09/25/2015 MILEAGE REIMB 9/7-11/15 101-6003-50250 70.72 URIBE, LUIS 108484 09/25/2015 MILEAGE REIMB 9/14-18/15 101-6003-50250 32.20 US DEPARTMENT OF EDUCAT 108485 09/25/2015 GARNISHMENT 101-0000-20985 184.76 9/28/2015 6:04:02 PM Page 2 of 6 38 Click here to return to Agenda Demand Register Packet: APPKT00545 - SHM 9/25/15 Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount VALDEZ, SABRINA 108486 09/25/2015 REIMB CPR/AED CERT 101-3003-50102 90.00 VERIZON CALIFORNIA 108487 09/25/2015 SPORTS COMPLEX 8/28-9/27 101-3005-61303 25.30 VERIZON COMMUNICATIONS 108488 09/25/2015 INTERNET 8/25-9/24 101-1007-61300 85.00 WEST COAST POOLS & SPAS 108489 09/25/2015 REFUND OVERPAYMENT 101-0000-42300 36.00 Fund 101- GENERAL FUND Total: 139,454.54 Fund: 201- GAS TAX FUND HOME DEPOT CREDIT SERVIC 108442 09/25/2015 AUG-HOME DEPOT 201-7003-60431 11.06 HOME DEPOT CREDIT SERVIC 108442 09/25/2015 AUG-HOME DEPOT 201-7003-60431 3.20 HOME DEPOT CREDIT SERVIC 108442 09/25/2015 AUG-HOME DEPOT 201-7003-60431 12.97 HOME DEPOT CREDIT SERVIC 108442 09/25/2015 AUG-HOME DEPOT 201-7003-60431 24.54 HOME DEPOT CREDIT SERVIC 108442 09/25/2015 AUG-HOME DEPOT 201-7003-60431 66.58 HOME DEPOT CREDIT SERVIC 108442 09/25/2015 AUG-HOME DEPOT 201-7003-60431 101.23 HOME DEPOT CREDIT SERVIC 108442 09/25/2015 AUG-HOME DEPOT 201-7003-60431 64.09 HOME DEPOT CREDIT SERVIC 108442 09/25/2015 AUG-HOME DEPOT 201-7003-60431 33.54 HOME DEPOT CREDIT SERVIC 108442 09/25/2015 AUG-HOME DEPOT 201-7003-60431 42.41 HOME DEPOT CREDIT SERVIC 108442 09/25/2015 AUG-HOME DEPOT 201-7003-60431 876.50 HOME DEPOT CREDIT SERVIC 108442 09/25/2015 AUG-HOME DEPOT 201-7003-60431 24.56 HOME DEPOT CREDIT SERVIC 108442 09/25/2015 AUG-HOME DEPOT 201-7003-60431 16.10 HOME DEPOT CREDIT SERVIC 108442 09/25/2015 AUG-HOME DEPOT 201-7003-60431 40.76 HOME DEPOT CREDIT SERVIC 108442 09/25/2015 AUG-HOME DEPOT 201-7003-60431 55.79 HOME DEPOT CREDIT SERVIC 108442 09/25/2015 AUG-HOME DEPOT 201-7003-60432 101.57 HOME DEPOT CREDIT SERVIC 108442 09/25/2015 AUG-HOME DEPOT 201-7003-60432 227.74 HOME DEPOT CREDIT SERVIC 108442 09/25/2015 AUG-HOME DEPOT 201-7003-60432 48.15 IMPERIAL IRRIGATION DIST 108447 09/25/2015 ELECTRICITY SERVICE 201-7003-61101 1,313.39 LOWE'S HOME IMPROVEME 108456 09/25/2015 LOWES 7/22-8/24 201-7003-56490 1,128.78 LOWE'S HOME IMPROVEME 108456 09/25/2015 LOWES 7/22-8/24 201-7003-60431 339.71 SILVERROCK RESORT 108475 09/25/2015 AUG'15 SALES TAX 201-7003-60431 13.00 Fund 201- GAS TAX FUND Total: 4,545.67 Fund: 202 - LIBRARY FUND HOME DEPOT CREDIT SERVIC 108442 09/25/2015 AUG-HOME DEPOT 202-3006-60691 15.24 LOWE'S HOME IMPROVEME 108456 09/25/2015 LOWES 7/22-8/24 202-3004-60432 82.04 LOWE'S HOME IMPROVEME 108456 09/25/2015 LOWES 7/22-8/24 202-3004-60667 29.00 TELEPACIFIC COMMUNICATI 108478 09/25/2015 TELEPACIFIC 8/23-9/22 202-3006-61300 46.74 Fund 202 - LIBRARY FUND Total: 173.02 Fund: 215 - LIGHTING & LANDSCAPING FU HOME DEPOT CREDIT SERVIC 108442 09/25/2015 AUG-HOME DEPOT 215-7004-60431 43.06 HOME DEPOT CREDIT SERVIC 108442 09/25/2015 AUG-HOME DEPOT 215-7004-60431 29.46 HOME DEPOT CREDIT SERVIC 108442 09/25/2015 AUG-HOME DEPOT 215-7004-60431 86.75 HOME DEPOT CREDIT SERVIC 108442 09/25/2015 AUG-HOME DEPOT 215-7004-60431 71.79 IMPERIAL IRRIGATION DIST 108447 09/25/2015 ELECTRICITY SERVICE 215-7004-61116 7,841.67 IMPERIAL IRRIGATION DIST 108447 09/25/2015 ELECTRICITY SERVICE 215-7004-61117 3,418.80 SILVERROCK RESORT 108475 09/25/2015 AUG'15 SALES TAX 215-7004-60423 32.00 TELEPACIFIC COMMUNICATI 108478 09/25/2015 TELEPACIFIC 8/23-9/22 215-7004-60189 46.74 TELEPACIFIC COMMUNICATI 108478 09/25/2015 TELEPACIFIC 8/23-9/22 215-7004-60189 46.74 Fund 215 - LIGHTING & LANDSCAPING FU Total: 11,617.01 Fund: 401- CAPITAL IMPROVEMENT PROGR CARMEL MOUNTAIN CABINE 108420 09/25/2015 COUNCIL CHAMBERS 401-0000-60188 21,400.00 DESERT SUN PUBLISHING CO 108428 09/25/2015 ADS 401-0000-60188 985.20 HOME DEPOT CREDIT SERVIC 108442 09/25/2015 AUG-HOME DEPOT 401-0000-60188 43.14 HOME DEPOT CREDIT SERVIC 108442 09/25/2015 AUG-HOME DEPOT 401-0000-60188 32.34 HOME DEPOT CREDIT SERVIC 108442 09/25/2015 AUG-HOME DEPOT 401-0000-60188 257.99 JTB SUPPLY CO., INC. 108451 09/25/2015 LEDS/SAFETY LIGHT 401-0000-60188 3,888.00 KRIBBS, BRUCE 108453 09/25/2015 BIKE STENCIL FABRICATION 401-0000-60188 275.00 LOWE'S HOME IMPROVEME 108456 09/25/2015 LOWES 7/22-8/24 401-0000-60188 22.51 LOWE'S HOME IMPROVEME 108456 09/25/2015 LOWES 7/22-8/24 401-0000-60188 20.49 LOWE'S HOME IMPROVEME 108456 09/25/2015 LOWES 7/22-8/24 401-0000-60188 21.50 LOWE'S HOME IMPROVEME 108456 09/25/2015 LOWES 7/22-8/24 401-0000-60188 -40.98 LOWE'S HOME IMPROVEME 108456 09/25/2015 LOWES 7/22-8/24 401-0000-60188 85.06 PLANIT REPROGRAPHICS SYS 108464 09/25/2015 EMAILTO PLAN RM 2012-07 401-0000-60188 17.94 9/28/2015 6:04:02 PM Page 3 of 6 39 Demand Register Click here to return to Agenda Packet: APPKT00545 - SHM 9/25/15 Vendor Name Payment Number Payment Date Description (Payable) Account Number - Amount PLANIT REPROGRAPHICS SYS 108464 09/25/2015 CONST SPECS 2012-07C 401-0000-60188 116.05 PLANIT REPROGRAPHICS SYS 108464 09/25/2015 CONST PLANS 2014-01B 401-0000-60188 140.19 PLANIT REPROGRAPHICS SYS 108464 09/25/2015 CONST PLANS 2014-01 401-0000-60188 236.67 PLANIT REPROGRAPHICS SYS 108464 09/25/2015 CONST PLANS 2014-13A 401-0000-60188 393.40 PLANIT REPROGRAPHICS SYS 108464 09/25/2015 CONST PLANS 2014-13B 401-0000-60188 188.00 POLAR BARR AIR CONDITION 108465 09/25/2015 PW YARD A/C UNITS 401-0000-60188 24,650.00 Fund 401- CAPITAL IMPROVEMENT PROGR Total: 52,732.50 Fund: 501- EQUIPMENT REPLACEMENT FIESTA FORD LINCOLN MERC 108436 09/25/2015 '16 FORD ESCAPE 501-0000-71030 26,316.83 HUNTINGTON BEACH CHRYS 108445 09/25/2015 '15 CHRYSLER 300 LIMITED 501-0000-71030 28,645.15 L & L AUTOMOTIVE 108454 09/25/2015 TK#70 MAINT/SERVICE 501-0000-60676 56.18 L & L AUTOMOTIVE 108454 09/25/2015 TK#49 MAINT/SVC 501-0000-60676 151.16 L & L AUTOMOTIVE 108454 09/25/2015 TK#49 MAINT/SVC 501-0000-60676 455.93 Fund 501- EQUIPMENT REPLACEMENT Total: 55,625.25 Fund: 502 - INFORMATION TECHNOLOGY GAMING, JESUS 108439 09/25/2015 REIMB DISPLAY PORTS 502-0000-56220 25.05 INTELESYS COMMUNICATIO 108449 09/25/2015 WIRELESS HEADSET 502-0000-80100 268.84 TIME WARNER CABLE 108479 09/25/2015 FIBER CITY HALL 9/10-10/9 502-0000-60104 1,376.08 Fund 502 - INFORMATION TECHNOLOGY Total: 1,669.97 Fund: 504 - INSURANCE FUND CALIFORNIA JOINT POWERS I 108418 09/25/2015 FY15/16 PROPERTY/AUTO PR 504-1010-60443 36,608.00 Fund 504 - INSURANCE FUND Total: 36,608.00 Fund: 601- SILVER ROCK RESORT HEGGE ELECTRICAL CONTRA 108440 09/25/2015 PUMP REPAIR 601-0000-60214 2,103.00 HEGGE ELECTRICAL CONTRA 108440 09/25/2015 ENTRY PUMP REPAIR 601-0000-60214 780.00 HOME DEPOT CREDIT SERVIC 108442 09/25/2015 AUG-HOME DEPOT 601-0000-60556 10.73 LOWE'S HOME IMPROVEME 108456 09/25/2015 LOWES 7/22-8/24 601-0000-60556 29.66 Fund 601- SILVER ROCK RESORT Total: 2,923.39 Grand Total: 305,349.35 9/28/2015 6:04:02 PM Page 4 of 6 40 Demand Register Click here to return to Agenda Packet: APPKT00545 - SHIM 9/25/15 Fund Summary Fund 101-GENERAL FUND 201- GAS TAX FUND 202 - LIBRARY FUND 215 - LIGHTING & LANDSCAPING FU 401- CAPITAL IMPROVEMENT PROGR 501- EQUIPMENT REPLACEMENT 502 - INFORMATION TECHNOLOGY 504 - INSURANCE FUND 601- SILVER ROCK RESORT Grand Total: Account Summary Account Number Account Name 101-0000-20304 Sales Taxes Payable 101-0000-20306 CBSC Fees 101-0000-20949 LT Care Insurance Pay 101-0000-20981 United Way Deductions 101-0000-20985 Garnishments Payable 101-0000-42300 Cash Over/Short 101-0000-42400 Building Permits 101-0000-42401 Plumbing Permits 101-0000-42402 Mechanical Permits 101-0000-42403 Electrical Permits 101-0000-42600 Plan Check Fees 101-1002-60320 Travel & Training 101-1006-60102 Administration 101-1006-60320 Travel & Training 101-1006-60400 Office Supplies 101-1006-60410 Printing 101-1007-60535 Other Operating 101-1007-60662 Copiers 101-1007-61300 Utilities -Telephone 101-2002-60123 Security & Alarm 101-2002-60670 Fire Station 101-2002-61200 Utilities - Water 101-2002-61304 Mobile/Cell Phones 101-3001-60134 Promotional 101-3001-60184 Fritz Burns Park 101-3002-60107 Instructors 101-3002-60115 Janitorial 101-3002-60420 Operating Supplies 101-3002-60432 Small Tools/Equipment 101-3002-60691 Repair & Maintenance 101-3003-50102 Salaries - Part Time 101-3003-60107 Instructors 101-3003-60149 Special Events 101-3003-60420 Operating Supplies 101-3004-60420 Operating Supplies 101-3004-61200 Water - Inside 101-3005-60554 LQ Park Building 101-3005-61204 Utilities - Water -Fritz Bu 101-3005-61207 Utilities - Water -Pioneer 101-3005-61208 Utilities - Water -Season 101-3005-61209 Utilities - Water -Commu 101-3005-61303 Phone - Sports Complex 101-3006-61200 Water - Inside 101-3008-60123 Security & Alarm Expense Amount 139,454.54 4,545.67 173.02 11,617.01 52,732.50 55,625.25 1,669.97 36,608.00 2,923.39 305,349.35 Expense Amount 48.00 19.20 144.16 60.00 1,028.03 314.00 1,008.91 599.65 502.85 359.50 228.80 186.88 3,395.00 750.00 70.92 16.20 98,920.65 5,801.34 1,745.08 648.25 0.00 760.68 309.50 10.00 46.74 1;122.94 134.44 35.88 41.02 358.95 90.00 3,958.86 436.43 215.29 45.00 170.05 233.70 140.39 419.54 20.12 96.65 25.30 2.24 284.84 Report Summary 9/28/2015 6:04:02 PM 41 Page 5 of 6 Demand Register Click here to return to Agenda Packet: APPKT00545 - SHM 9/25/15 Account Number 101-3008-60420 101-3008-60432 101-3008-60665 101-3008-60667 101-3008-60691 101-3008-71021 101-6001-60320 101-6001-60400 101-6001-60410 101-6001-60450 101-6003-50250 101-6003-60118 101-6004-51070 101-6004-60690 101-6005-61300 101-7002-60125 101-7002-60183 101-7002-60320 101-7006-60420 201-7003-56490 201-7003-60431 201-7003-60432 201-7003-61101 202-3004-60432 202-3004-60667 202-3006-60691 202-3006-61300 215-7004-60189 215-7004-60423 215-7004-60431 215-7004-61116 215-7004-61117 401-0000-60188 501-0000-60676 501-0000-71030 502-0000-56220 502-0000-60104 502-0000-80100 504-1010-60443 601-0000-60214 601-0000-60556 Project Account Key **None** 121307CT 131407CT 131413CT 141501CT 141513CT Account Summary Account Name Expense Amount Operating Supplies 42.42 Small Tools/Equipment 18.19 Maint.-Other Equipment 1,531.09 HVAC 257.00 Repair & Maintenance 103.32 Furniture 613.00 Travel & Training 100.00 Office Supplies 56.64 Printing 141.48 Advertising 757.96 Vehicle Reimbursement 102.92 Plan Check 1,018.50 Animal Shelter 6,434.96 Uniforms 161.73 Utilities - Telephone 1,064.51 Temporary Agency Servi 829.35 Map/Plan Checking 450.00 Travel & Training 904.95 Operating Supplies 60.54 Asphalt 1,128.78 Materials 1,726.04 Small Tools/Equipment 377.46 Utilities - Electricity 1,313.39 Small Tools/Equipment 82.04 HVAC 29.00 Repair & Maintenance 15.24 Utilities - Telephone 46.74 Technical 93.48 Supplies -Graffiti 32.00 Materials 231.06 Utilities - Electric - Signal 7,841.67 Utilities - Electric - Medi 3,418.80 Construction 52,732.50 Vehicle Repair & Mainte 663.27 Vehicles 54,961.98 Computers 25.05 Consultants 1,376.08 Machinery & Equipment 268.84 Property Insurance 36,608.00 Tamarisk Removal Pump 2,883.00 SilverRock Buildings 40.39 Grand Total: 305,349.35 Project Account Summary Expense Amount 252,616.85 1,119.19 4,605.05 46,050.00 564.86 393.40 Grand Total: 305,349.35 9/28/2015 6:04:02 PM 42 Page 6 of 6 ATTACHMENT 2 Click here to return to Agenda CITY OF LA QUINTA BANK TRANSACTIONS 8/29/15 - 9/25/15 9/01/15 WIRE TRANSFER - TASC 9/02/15 WIRE TRANSFER - HEALTH PREMIUM 9/09/15 WIRE TRANSFER • LANDMARK 9/11/15 WIRE TRANSFER - ICMA 9/11/15 WIRE TRANSFER - PERS 9/11/15 WIRE TRANSFER - LQCEA 9/15/15 WIRE TRANSFER - TASC 9/15/15 WIRE TRANSFER - DEBT SERVICE PYMT 9/18/15 WIRE TRANSFER LANDMARK 9/25/15 WIRE TRANSFER - ICMA 9/25/15 WIRE TRANSFER - PERS 9/25/15 WIRE TRANSFER - LQCEA TOTAL WIRE TRANSFER OUT $41 1.89 $88,623.10 $121,280.92 $ 7,016.50 $35,216.50 $382.50 $747.06 $ 621, 738.54 $105,407.87 $7,166.50 $34,432.18 $399.50 $1,022,823.06 43 Click here to return to Agenda 44 �gNSENT ALF�N�AR�ITEM N0. Clic ere ore urn o gen a City of La Quinta CITY COUNCIL MEETING: October 6, 2015 STAFF REPORT AGENDA TITLE AWARD PROFESSIONAL SERVICES AGREEMENT TO HERMANN DESIGN GROUP TO PROVIDE ON -CALL PROFESSIONAL LANDSCAPE ARCHITECT SUPPORT SERVICES RECOMMENDATION Appropriate funding in the amount of $50,000 from the Unappropriated General Fund Reserves and award a $50,000 Professional Services Agreement to Hermann Design Group to provide on call professional landscape architect support services. EXECUTIVE SUMMARY • The City owns and operates many public facilities and spaces with landscape and irrigation systems that are inefficient or inconsistent with the City's new water conservation landscape palettes. • On -call professional landscape architect services will assist staff with developing a landscape conversion program, which will lower the City's utility and maintenance costs, while maintaining the La Quinta brand. • A request for proposals (RFP) was issued and 12 submittals were reviewed by the Consultant Selection Committee; Hermann Design Group had the best service and cost proposal. FISCAL IMPACT Staff recommends an annual appropriation of $50,000 per year (up to $150,000 for three years) from the Unappropriated General Fund Reserves to the Public Works Engineering Services Division. The work will be paid for on a time and material basis. BACKGROUND/ANALYSIS The State mandated a 36 percent reduction of potable water use for the Coachella Valley with penalties for users who do not conserve water. In response, the City initiated water reduction measures, including establishing a schedule to convert approximately 595,000 square feet of turf to a low maintenance, low water usage desertscape. Additionally, many landscape areas have inefficient spray type irrigation that causes excessive erosion and runoff, which is also in violation of the State's mandate. Considering these and other needs, staff issued an RFP on July 27, 2015, for on -call landscape architect services. Key tasks included: preparing feasibility studies; inventorying existing landscape conditions; developing landscape themes and concept 45 Click heC to return to Agend drawings; coordinating community meetings; preparing plans, specifications an c� estimates; and providing construction support services. A Consultant Selection Committee consisting of City staff and NAI, the consultant project manager, reviewed 12 proposals. Hermann Design Group was unanimously recommended for a minimum term of one year, with automatic renewal for an additional two years (not to exceed three years). The proposed Professional Services Agreement is presented in Attachment 1. ALTERNATIVES Council may choose to implement water reduction and landscape and irrigation conversion projects on a case -by -case basis using its Consultant Selection/RFP process. Since this process may not meet State deadlines for reducing water usage and may also result in higher overall costs for turf conversion projects, staff does not recommend this alternative. Report prepared by: Ed Wimmer, P.E., Principal Engineer Report approved by: Timothy R. Jonasson, P.E., Public Works Director/City Engineer Attachment: 1. Professional Services Agreement 46 ATI ACHMENTA PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and HERMANN DESIGN GROUP ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide On -Call Professional Landscape Architectural Support Services, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "Services"). Consultant represents and warrants that Consultant is a provider of first-class services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant covenants that it shall follow the highest professional standards in performing the Services required hereunder. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Consultant shall be responsible for all subcontractors' compliance with this Section. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the Services to be Last revised April 2015 47 Click here to return to Agenda performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Standard of Care. Consultant acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's work will be held to a heightened standard of quality. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of quality as set forth in this Agreement. Consultant shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Consultant, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City's own negligence. The performance of Services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services ("Additional Services") only when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any Additional Services without compensation. Consultant shall not perform any Additional Services until receiving prior written authorization from the Contract Officer, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Consultant. It is expressly understood by Consultant that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforeceable. Failure of Consultant to secure the Contract Officer's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the 48 Click here to return to Agenda Contract Officer. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Fifty Thousand Dollars ($50,000) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City; Consultant shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Consultant's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.6 of this Agreement. 2.2 Method of Billing. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Subject to retention pursuant to Section 8.3, City will pay Consultant for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 49 Click here to return to Agenda 2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer pursuant to Section 1.6 of this Agreement shall be paid for in an amount agreed to in writing by both City and Consultant in advance of the Additional Services being rendered by Consultant. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council. Under no circumstances shall Consultant receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer pursuant to Section 1.6 of this Agreement. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and Exhibit C, it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit C (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer to be justified pursuant to this Section shall not entitle the Consultant to additional compensation in excess of the Contract Sum. 50 Click here to return to Agenda 3.4 Term. Unless earlier terminated in accordance with Sections 8.8 or 8.9 of this Agreement, the term of this agreement shall commence on October 7, 2015 and terminate on June 30, 2016 (the "initial term"), with the initial term subject to two (2) additional one-year terms (collectively, the "extended terms" and individually the "first extended term" and "second extended term"), for a maximum potential term of three (3) years. The extended terms shall commence automatically, with no further action or amendment to this Agreement required, unless, with or without cause, and upon no less than thirty (30) days' written notice to Consultant ("notice of non -renewal"), City notifies Consultant that this Agreement shall expire prior to the commencement of the applicable extended term. City reserves the right not to have the first extended term or second extended term, as applicable, automatically extend the total term of this Agreement, as long as City delivers a notice of non -renewal to Consultant pursuant to this Section 3.4. Upon receipt of a notice of non -renewal, Consultant shall cease all services hereunder at the end of the initial term or, if the first extended term had automatically commenced, at the end of the first extended term. Consultant shall be entitled to compensation for all services rendered prior to expiration of the initial term or, if the first extended term had automatically commenced, at the end of that first extended term; provided, however, that Consultant shall not incur any extraordinary or unusual expenses between the date of delivery by City of the notice of non -renewal and the expiration of the initial term or, if the first extended term had automatically commenced, at the end of the first extended term. Contract Officer shall have the right and authority to review and approve, conditionally approve, or deny any and all expenses incurred by Consultant between the date of delivery of the notice of non -renewal and the expiration of the initial term or, if the first extended term had automatically commenced, at the end of the first extended term. Nothing in this Section 3.4 does or shall be construed to limit the City's authority to terminate this Agreement pursuant to Sections 8.7 or 8.8. 3.5 CPI Adjustment. In the event that the initial term of this Agreement is extended pursuant to Section 3.4, individual fees to be charged by Consultant as set forth in the Schedule of Compensation may be increased, once for the first extended term, and once for the second extended term, from the amount charged in the immediately preceding term based on a percentage increase that does not exceed the percentage increase in the Consumer Price Index published by the United States Department of Labor, Bureau of Labor Statistics, for Urban Wage Earners and Clerical Workers, Los Angeles -Riverside -Orange County Average, All Items (1984 = 100) (the "Index"), or, if said Index is discontinued, such official index as may then be in existence and which is most nearly equivalent to said Index (the "CPI Adjustment"). No fees in the Schedule of Compensation may be increased by the CPI Adjustment if the Schedule of Compensation, from the date of origination of this Agreement, already sets forth fees with an accommodation for a CPI Adjustment. 51 Click here to return to Agenda 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant ("Principals") are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith: E. Chris Hermann, ASLA, President/CEO E-mail: chris@hdg-inc.com It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Consultant and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City. 4.2 Contract Officer. The "Contract Officer" shall be Timothy R. Jonasson, P.E., Public Works Director/City Engineer or such other person as may be designated in writing by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services, and Consultant shall refer any decisions, that must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Consultant, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting by Consultant without City's express written approval shall be null, void, and of no effect. No approved transfer shall release Consultant of any liability hereunder without the express consent of City. 52 Click here to return to Agenda 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Consultant's employees, servants, representatives, or agents, or in fixing their number or hours of service. Consultant shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System ("PERS") as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers' compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any payment due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Consultant represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Consultant represents that the Services required herein will be performed by Consultant or under its direct supervision, and that all personnel engaged in such work shall be 53 Click here to return to Agenda fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Consultant shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in Exhibit E (the "Insurance Requirements") which is incorporated herein by this reference and expressly made a part hereof. 6.0 INDEMNIFICATION. 6.1 Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in Exhibit F ("Indemnification") which is incorporated herein by this reference and expressly made a part hereof. 7.0 RECORDS AND REPORTS. 7.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.2 Records. Consultant shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the "Books and Records"), as shall be necessary to perform the Services required by 54 Click here to return to Agenda this Agreement and enable the Contract Officer to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Consultant's business, custody of the Books and Records may be given to City, and access shall be provided by Consultant's successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Consultant, its employees, subcontractors, and agents in the performance of this Agreement (the "Documents and Materials") shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the expiration or termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Consultant will be at City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties shall not extend to such use, revise, or assignment. Consultant may retain copies of such Documents and Materials for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, 55 Click here to return to Agenda discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.4 Licensing of Intellectual Property. This Agreement creates a non- exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Consultant shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all of the Documents and Materials. Consultant makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Consultant or provided to Consultant by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7.5 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 8.0 ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause 56 Click here to return to Agenda and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.8. During the period of time that Consultant is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section 8.9 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the 57 Click here to return to Agenda Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 8.3. 8.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 8.3. 8.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees; provided, however, that the attorneys' fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys' fees shall include attorneys' fees on any appeal, and in addition a party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 9.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non -liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant's performance of the Services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer. 58 Click here to return to Agenda Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 10.0 MISCELLANEOUS PROVISIONS 10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: CITY OF LA QUINTA Attention: Frank Spevacek, City Manager 78-495 Calle Tampico La Quinta, California 92253 To Consultant: HERMANN DESIGN GROUP Attention: E. Chris Hermann, ASLA President/CEO 77899 Wolf Road, Suite 102 Palm Desert, CA 92211 10.2Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 59 Click here to return to Agenda 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Consultant offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Consultant without further acknowledgment of the parties. 10.9 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third -party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 60 Click here to return to Agenda 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] rs Click here to return to Agenda IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, CON,,£�UL V: a California municipal corporation /�' // Name: E. CHRIS HERMANN, ASLA FRANK J. SPEVACEK, City Manager Title: President/CEO Dated: ATTEST: By: Name: SUSAN MAYSELS, City Clerk Title: La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 62 Click here to return to Agenda Exhibit A Scope of Services As directed by City Staff, the consultant's services shall include, but are not limited to the performance of the following assignments, duties and tasks: • Attending meetings and preparing presentations and agenda reports for city advisory boards, commissions and the City Council when said meetings relate to projects covered by the contract; • Preparing feasibility studies for new, renovation, and alteration projects; • Preparing inventories of existing landscape conditions in publically owned right of way; • Developing landscape themes and concept drawings which are consistent with the City's water conservation goals and objectives; • Coordinating with neighborhood home owner groups and soliciting feedback and input on community related landscape/irrigation improvements; • Providing value engineering and preparing plans, specifications and estimates for assigned landscape and irrigation improvement projects; • Processing assigned projects for the City entitlement, which may include, but not be limited to approval by the Architectural and Landscape Review Board, Planning Commission, Building and Safety Department, Public Works Department and City Council; • Perform construction support services which may include construction oversight and inspection, responding to bidder requests for information, submittal review, warranty review, contractor progress payment review and project close out. • Other duties as assigned by the Public Works Director/City Engineer 63 Click here to return to Agenda Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Consultant under this Agreement is Fifty Thousand Dollars ($50,000) ("Contract Sum"). The Contract Sum shall be paid to Consultant in installment payments made on a monthly basis on a "Time and Materials" basis in accordance with the hourly rates identified below for the work tasks performed and properly invoiced by Consultant in conformance with Section 2.2 of this Agreement. Principal Landscape Architect/Principal Planner $160.00 per hour Project Manager $1 15.00 per hour Landscape Architect $100.00 per hour Senior Designer $95.00 per hour Specification Writer $95.00 per hour Designer $85.00 per hour Professional Staff $65.00 per hour Reimbursable expenses, such as the cost of reprographics, soil samples, and travel outside the Coachella Valley will be charged at cost plus 10% mark-up. Last revised April 2015 EXHIBIT B Page 1 of 1 64 Click here to return to Agenda Exhibit C Schedule of Performance Consultant shall complete all services within the TIME LINE ALLOWED BY THE TOTAL CONTRACT SUM. Last revised April 2015 EXHIBIT C Page 1 of 1 65 Click here to return to Agenda Exhibit D Special Requirements None. Last revised April 2015 EXHIBIT D Page 1 of 1 66 Click here to return to Agenda Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -:VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers' Compensation (per statutory requirements) Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured (on the Commercial General Liability policy only) shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be Last revised April 2015 EXHIBIT E Page 1 of 6 67 Click here to return to Agenda primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self -insured retention is increased. In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or Last revised April 2015 EXHIBIT E Page 2 of 6 68 Click here to return to Agenda property resulting from Consultant's or its subcontractors' performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is Last revised April 2015 EXHIBIT E Page 3 of 6 69 Click here to return to Agenda canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. Last revised April 2015 EXHIBIT E Page 4 of 6 70 Click here to return to Agenda 13. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 18. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 19. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 20. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not Last revised April 2015 EXHIBIT E Page 5 of 6 71 Click here to return to Agenda the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Last revised April 2015 EXHIBIT E Page 6 of 6 72 Click here to return to Agenda Exhibit F Indemnification F.1 General Indemnification Provision. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officials, employees, and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or of any subcontractor), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees, or subcontractors of Consultant. F.2 Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Last revised April 2015 EXHIBIT F Page 1 of 2 73 Click here to return to Agenda Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. a. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Desiqn Professionals. 1 . Applicability of Section F.2(b). Notwithstanding Section F.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified Parties from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or of any subcontractor), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subcontractor, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section F.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. Last revised April 2015 EXHIBIT F Page 2 of 2 74 ClickFereto,,fALT,Rffl atMRJO. City of La Quinta CITY COUNCIL MEETING: October 6, 2015 STAFF REPORT AGENDA TITLES APPROVE COOPERATIVE AGREEMENT WITH CITY OF INDIO FOR DESIGN AND CONSTRUCTION OF TRAFFIC SIGNAL IMPROVEMENTS AT JEFFERSON STREET AT DUNBAR DRIVE RECOMMENDATION Approve a Cooperative Agreement with the City of Indio for the design and construction of traffic signal improvements at Jefferson Street at Dunbar Drive, and authorize the City Manager to execute some, subject to minor modifications by the City Attorney. EXECUTIVE SUMMARY • As part of the City's Capital Improvement Program (CIP), a traffic signal is to be installed at the intersection of Jefferson Street and Dunbar Drive. Since the intersection is shared between the City of Indio and City of La Quinta, 50 percent of the project cost will be paid by each agency. A Cooperative Agreement (Attachment 1) has been prepared making the City of Indio the lead agency for design and construction of the project. Upon completion of construction, the traffic signal will be added to the existing signal maintenance agreement with each agency sharing equally in the cost of maintenance of the new signal. FISCAL IMPACT The design and construction of the signal is estimated at $300,000, and the City's portion is 50 percent of the total (previously approved as part of the 2015/16 CIP). Once construction is complete, the City will also be responsible for 50 percent of the annual maintenance and operation costs estimated at $10,000 (included in the existing Citywide Traffic Signal Maintenance budget). La Quinta's design/construction obligation was defrayed by $60,000 due to a developer payment. Contract change orders may add as much as 15 percent ($22,500) to the City's cost bringing the total fiscal impact to $110,500. BACKGROUND/ANALYSIS The intersection of Jefferson Street and Dunbar Drive is currently a four -legged intersection with unprotected left turns from both the Esplanade and Heritage Palms communities across Jefferson Street which divides the City of La Quinta and the City of Indio. For several years, residents of the Esplanade community in the City of La Quinta have requested a traffic signal as per the conditions of their development; however, funding of one half of the intersection improvements was only recently approved by the City of Indio. The City traffic engineers of both cities recommend installing the signal to 75 i her to return to A da improve traffic safety on the Jefferson Street corridor. If approved, the Clity Council wiir�e apprised of the construction schedule once the City of Indio deems the design is complete and the plans and specifications are ready to be advertised. Per the Cooperative Agreement, the City will be responsible to pay for 50 percent of the cost of the design, construction, engineering, inspection/testing/survey, signal timing, contingency and administrative costs ($300,000). Per the conditions of approval for the Esplanade residential project adjacent to the intersection, the developer has agreed to pay $60,000 of the La Quinta obligation. ALTFRNATIVES Since this is a much needed traffic safety improvement and approving the Cooperative Agreement will allow the City of Indio to participate in the project, no alternative is recommended. Report prepared by: Edward J. Wimmer, P.E., Principal Engineer Report approved by: Timothy R. Jonasson, P.E., Public Works Director/City Engineer Attachment: 1. Cooperative Agreement 76 ATTACHMENTA COOPERATIVE AGREEMENT FOR THE DESIGN AND CONSTRUCTION OF TRAFFIC SIGNAL IMPROVEMENTS This agreement (hereinafter "Agreement") entered into this day of , 2015, is between the City of La Quinta, a municipal corporation and charter city, referred to herein as "LA QUINTA," and the City of Indio, a municipal corporation, referred to herein as "INDIO." LA QUINTA and INDIO are collectively referred to in this Agreement as "PARTIES." RECITALS (1) LA QUINTA and INDIO desire to install a new traffic signal and safety lighting, referred to herein as the "PROJECT," at the intersection of Jefferson Street and Dunbar Drive, and desire to specify the terms and conditions under which the PROJECT is to be engineered, constructed, financed, operated and maintained as well as the obligations and responsibilities of the PARTIES. (2) The PROJECT location is jointly owned fifty percent (50%) by LA QUINTA and fifty percent (50%) by INDIO. (3) It has been determined that the State of California promulgated traffic signal warrants have been met for the PROJECT location. (4) LA QUINTA and INDIO desire to equally share the project costs which are currently estimated at $300,000.00 (the "PROJECT SHARE"). NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is acknowledged, the PARTIES agree as follows: Section I INDIO AGREES: (1) To pay an amount equal to one half (1/2) of the PROJECT SHARE for construction, design, engineering, inspection/testing/survey, signal timing, contingency and administrative costs as described on attached Exhibit "A." (2) To prepare Plans, Specifications and Estimates (PS&E) for the PROJECT. PS&E are to be prepared in accordance with the Standard Plans and Specifications of the State of California Department of Transportation, the standards and practices of INDIO and all applicable laws and regulations. 77 Click here to return to Agenda (3) To have final design documents and drawings for the PROJECT prepared by or under the direction of a civil engineer registered and licensed in the State of California, and that the specifications, each set of plans and any reports shall bear the professional seal, certificate and signature of the professional engineer responsible for their preparation. (4) To apply for any necessary encroachment permits for work within the LA QUINTA street right-of-way, in accordance with LA QUINTA standard permit procedures; provided however, that LA QUINTA agrees to cooperate in the issuance of any required permits necessary for the PROJECT as described in Section II below. (5) To advertise, award and administer a public works contract for the construction of the PROJECT improvements. (6) To retain or cause to be retained for audit by LA QUINTA or other governmental auditors for a period of three (3) years from the date of final payment, all records and accounts relating to construction of the PROJECT. (7) Upon completion of the PROJECT, to furnish LA QUINTA a complete set of full-sized reproducible "Drawing of Record" plans. (8) To add the intersection of Jefferson Street and Dunbar Drive to the December 21, 2006 Cooperative Agreement for Operation and Maintenance of Traffic Signals on Jefferson Street (attached Exhibit "B"), whereby INDIO agrees to maintain and operate the facilities and INDIO will pay fifty percent (50%) and LA QUINTA will pay fifty percent (50%) of the maintenance and energy costs for the PROJECT. Section II LA QUINTA AGREES: (1) To pay an amount equal to one half (1/2) of PROJECT SHARE for construction, design, engineering, inspection/testing/survey, signal timing, contingency and administrative costs as described on attached Exhibit "A." (2) To deposit with INDIO within thirty (30) days of receipt of billing therefore the amount of $150,000, which figure represents LA QUINTA's estimated PROJECT SHARE of the cost of preliminary engineering, construction, construction engineering and administration, as required to complete the PROJECT. In no event will LA QUINTA's obligation for all anticipated costs under this Agreement exceed 115% of LA QUINTA's estimated costs, as listed in Exhibit "A," provided that LA QUINTA may, at its sole discretion, in writing, authorize a greater amount. However, this does not obligate INDIO in any way to provide additional funds for the PROJECT. 78 Click here to return to Agenda (3) To issue, free of charge, upon application by INDIO or INDIO's contractor, the necessary encroachment permits for required work within the LA QUINTA streets right-of-way. (4) To add the intersection of Jefferson Street and Dunbar Drive to the December 21, 2006 Cooperative Agreement for Operation and Maintenance of Traffic Signals on Jefferson Street (attached Exhibit "B"), whereby INDIO agrees to maintain and operate the facilities and INDIO will pay fifty percent (50%) and LA QUINTA will pay fifty percent (50%) of the maintenance and energy costs for the PROJECT. LA QUINTA will pay fifty percent (50%) of the maintenance and energy costs for the PROJECT and to pay such 50% obligation within thirty (30) days of receipt of billing therefore. Section IIII IT IS MUTUALLY AGREED AS FOLLOWS: (1) The total cost of PROJECT is estimated to be $300,000. (2) LA QUINTA and INDIO both agree to pay an amount equal to one half (1/2) of the total estimated project cost of $300,000. (3) Upon opening bids for construction of the PROJECT, if bids indicate a cost overrun of no more than 15% of the project cost estimate as described in Exhibit "A," INDIO may award the contract. (4) If, upon opening of bids, it is found that a cost overrun exceeding 15% of the construction cost estimate will occur, INDIO, and LA QUINTA shall endeavor to negotiate in good faith to agree upon an alternative course of action. If, after thirty calendar days from the date of bid opening, an alternative course of action is not agreed upon, this Agreement shall be deemed to be terminated by mutual consent and without further action, with each agency sharing incurred costs in accordance with the cost shares as set forth in Section I, Article (1), Section II, Article (1), and Section III, Article (1). (5) All contract change orders exceeding 15% of the bid price for the relevant contract bid items shall be submitted by INDIO to LA QUINTA for review and approval prior to authorization by INDIO to construction contractor. (6) In construction of said work, INDIO will furnish a representative to perform the function of Resident Engineer, and LA QUINTA may furnish a representative. LA QUINTA's representative may consult with INDIO's representative, but INDIO's decision shall be considered final. (7) No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by all parties, and no oral understanding or agreement not incorporated herein shall be binding on either party hereto. 79 Click here to return to Agenda (8) Upon completion of all work under this Agreement, ownership and title to all materials, equipment, and appurtenances installed will be jointly shared in the ratio of fifty percent (50%) LA QUINTA, fifty percent (50%) INDIO. (9) Neither INDIO nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by LA QUINTA under or in connection with any work, authority or jurisdiction delegated to LA QUINTA under this Agreement unless such damage or liability is the result of INDIO's misconduct or negligence. It is further agreed that, pursuant to Government Code Section 895.4, LA QUINTA shall fully indemnify and hold INDIO harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by LA QUINTA under or in connection with any work, authority or jurisdiction delegated to LA QUINTA under this Agreement except to the extent that such injury results from INDIO's own misconduct or negligence. (10) Neither LA QUINTA nor any other officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by INDIO under or in connection with any work, authority or jurisdiction delegated to INDIO under this Agreement unless such damage or liability is the result of LA QUINTA's misconduct or negligence. It is also agreed that, pursuant to Government Code Section 895.4, INDIO shall fully indemnify and hold LA QUINTA harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by INDIO under or in connection with any work, authority or jurisdiction delegated to INDIO under this Agreement except to the extent that such injury results from LA QUINTA's own misconduct or negligence. NOTICES: Any notice required to be sent pursuant to this Agreement shall be sent by regular mail, addressed as indicated in the signature blocks which follow: 80 Click here to return to Agenda CITY OF INDIO City of Indio Dan Martinez, City Manager 100 Civic Center Mall Indio, CA 92202 Dated: By: Lupe Ramos Watson, Mayor Cynthia Hernandez, City Clerk APPROVED AS TO FORM: 31 Roxanne Diaz City Attorney CITY OF LA QUINTA City of La Quinta Frank J. Spevacek, City Manager 78-495 Calle Tampico La Quinta, CA 92253 Dated: By: Linda Evans, Mayor /ella9:6119 Susan Maysels, City Clerk APPROVED AS TO FORM: By: William H. Ihrke, City Attorney Exhibit "A" - Project Cost Shares Exhibit "B" - Cooperative Agreement for Operation and Maintenance of Traffic Signals on Jefferson Street r1 Click here to return to Agenda EXHIBIT "A" COOPERATIVE AGREEMENT DESIGN AND CONSTRUCTION OF TRAFFIC SIGNAL IMPROVEMENTS Jefferson Street and Dunbar Drive - New Traffic Signal Construction $ 240,000.00 Design $ 20,000.00 Inspection/Testing/Survey $ 10,000.00 Administration $ 10,000.00 Contingency $ 20,000.00 SUB -TOTAL: $ 300,000.00 TOTAL ESTIMATED COST: $ 300,000 LA QUINTA 1/2 PROJECT SHARE: $150,000 INDIO 1/2 PROJECT SHARE: $150,000 82 EXHIBIT "B" Click here to return to Agenda •0 . . -� - Niglio Thi agreement (hereinafter "Agreement") entered into this /s'1 day of 2006, is between the City of Indio, a municipal corporation, referred to herein as "INDIO," and the City of La Quinta, a municipal corporation, referred to herein as "LA QUINTA." INDIO and LA QUINTA are collectively referred to in this Agreement as "PARTIES." RECITALS 1) INDIO and LA QUINTA desire to specify the terms and conditions under which traffic signals on Jefferson Street from Fred Waring Drive to Highway 111 will be operated and maintained as well as the obligations and responsibilities of the PARTIES. 2) Five traffic signals are jointly owned by INDIO and by LA QUINTA as follows: a) Jefferson Street and Fred Waring Drive — Fifty percent (50%) by INDIO, fifty percent (50%) by LA QUINTA. b) Jefferson Street and Miles Avenue — Seventy five percent (75%) by INDIO, twenty five percent (25%) by LA QUINTA. c) Jefferson Street and Westward Ho Drive — Fifty percent (50%) by INDIO, fifty percent (50%) by LA QUINTA. d) Jefferson Street and Home Depot/Vista Grande — Six percent (6%) by INDIO, ninety four percent (94%) by LA QUINTA. e) Jefferson Street and Highway 111 — Seventy five percent (75%) by INDIO, twenty five percent (25%) by LA QUINTA. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is acknowledged, the PARTIES agree as follows: Section I LA QUINTA AGREES: 1) To pay fifty percent (50%) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for Jefferson Street and Fred Waring Drive. LA QUINTA shall pay INDIO such 50% operation and maintenance obligation within thirty (30) days of receipt of billing therefore. 2) To pay twenty-five percent (25%) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for Jefferson Street and Miles Avenue. LA QUINTA shall pay INDIO such 25% obligation within thirty (30) days of receipt of billing therefore. 83 Click here to return to Agenda 3) To pay fifty percent (50%) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for Jefferson Street and Westward Ho Drive. LA QUINTA shall pay to INDIO such 50% obligation within thirty (30) days of receipt of billing therefore. 4) To operate and maintain the facilities and LA QUINTA will pay ninety-four percent (94%) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for Jefferson Street and Home Depot/Vista Grande. 5) To operate and maintain the facilities and LA QUINTA will pay twenty-five percent (25%) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for Jefferson Street and Highway 111. Section II 9• 1) To operate and maintain the facilities and INDIO will pay fifty percent (50%) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for Jefferson Street and Fred Waring Drive. 2) To operate and maintain the facilities and INDIO will pay seventy-five percent (75%) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for Jefferson Street and Miles Avenue. 3) To operate and maintain the facilities and INDIO will pay fifty percent (50%) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for Jefferson Street and Westward Ho Drive. 4) To pay six percent (6%) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for Jefferson Street and Home Depot/Vista Grande. INDIO shall pay to LA QUINTA such 6% obligation within thirty (30) days of receipt of billing therefore. 5) To pay seventy-five percent (75%) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for Jefferson Street and Highway 111. INDIO shall pay to LA QUINTA such 75% obligation within thirty (30) days of receipt of billing therefore. Section 1111 1) No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by all parties, and no oral understanding or agreement not incorporated herein shall be binding on either party hereto. 2) Upon completion of all work under this Agreement, ownership and title to all materials, equipment, and appurtenances installed in LA QUINTA shall be vested in LA QUINTA and all materials, equipment, and appurtenances installed in INDIO shall be vested in INDIO. 2 84 Click here to return to Agenda 3) Neither LA QUINTA nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by INDIO under or in connection with any work, authority or jurisdiction delegated to INDIO under this Agreement unless such damage or liability is the result of LA QUINTA's misconduct or negligence. It is further agreed that, pursuant to Government Code Section 895.4, INDIO shall fully indemnify and hold LA QUINTA harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by INDIO under or in connection with any work, authority or jurisdiction delegated to INDIO under this Agreement except to the extent that such injury results from LA QUINTA's own misconduct or negligence. 4) Neither INDIO nor any other officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by LA QUINTA under or in connection with any work, authority or jurisdiction delegated to LA QUINTA under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, LA QUINTA shall fully indemnify and hold INDIO harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by LA QUINTA under or in connection with any work, authority or jurisdiction delegated to LA QUINTA under this Agreement except to the extent that such injury results from INDIO's own misconduct or negligence. NOTICES: Any notice required to be sent pursuant to this Agreement shall be sent by regular mail, addressed as indicated in the signature blocks which follow: City of INDIO Glenn Southard, City Manager 100 Civic Center Mail Indio, CA 92202 E an ATTES Cy hia Hernandez City Clerk ...O . O. Edward Kotkin City Attorney 85 Click here to return to Agenda 101 City of La Quinta Thomas P. Genovese, City Manager 78-495 Calle Tampico La Quinta, CA. 92247-1504 Dated: f [0-1 krlLw� Donald Adolpk MaydY ATTEST By: eronica J. MnI6,ino, CMC, City Clerk APAPRVED AS T FORM: By: K t r 0 herine JeVon City Attorney 4 86 ClickFereto,,fALT,Rffl atMN0. City of La Quinta CITY COUNCIL MEETING: October 6, 2015 STAFF REPORT AGENDA TITLE: APPROVE VETERAN NOMINATIONS FOR INCLUSION ON VETERANS' ACKNOWLEDGEMENT AREA SCULPTURE AT CIVIC CENTER CAMPUS RECOMMENDATION Approve veteran nominations for inclusion on the veterans' acknowledgment area sculpture located at the Civic Center Campus. EXECUTIVE SUMMARY • Each year, resident veterans submit nominations for the City's annual veterans' tribute. Nominations are reviewed by staff and then submitted to City Council for approval. • Once approved, the names, ranks, and dates of service for each veteran are etched into bronze panels located on the veterans' acknowledgement sculpture. FISCAL IMPAC The cost of adding the names to the bronze plates will be approximately $1,500, which includes etching (28 names at $40 per person) and shipping costs. There is sufficient funding in the Art in Public Places budget. BACKGROUND/ANALYSIS On September 18, 2001, City Council approved the criteria for acknowledgment area monuments for veterans, artists and sports figures to be located on the Civic Center Campus. All branches of the military identified by the Department of Veterans Affairs, including reservists, who served a minimum of six years and merchant marines who served on active duty, are considered. Additional criteria include being a three-year La Quinta resident (past or present) and proof of military service. As part of the tribute, the City Council recognizes each veteran with a certificate of appreciation and calls attention to the art piece with their newly added name. The 2015 event is scheduled for Wednesday, November 11, 2015 (Veterans' Day) at which time those listed will be recognized As of this report, the following 28 nominations have been submitted for consideration: 87 CAPPIELLO WILLIAM AIR FORCE LT COL 2002-2006 RAITI JOSEPH AIR FORCE LT COL 1943-1973 RING RONALD AIR FORCE MSGT (RET) 1960-1980 ROSKER BENJAMIN AIR FORCE CPL 1954-1978 RUTTMAN BERT AIR FORCE A1C 1950-1954 HULL CRAIG AIR FORCE AIC 1979-1983 WILLIAMS JOHN AIR FORCE SSGT 1970-1973 BISACCIA ALBERT ARMY SP4 1967-1969 MANNIX JAMES ARMY SP4 1968-1970 ROBBINS DAVID ARMY SP5 1964-1967 DUENAZ ALBERT ARMY SGT 2001-2014 REDMAN STANLEY ARMY SP5 1968-1971 BLUM FRANK ARMY PFC 1961-1963 JACKSON RICHARD ARMY SFC 1957-1977 BRANNIGAN CHRIS MARINES SGT 1967-1971 GARCIA AARON MARINES SSTGT 1967-1975 LEITCH WILLIAM MARINES CPL 1965-1967 MARTINEZ FAUSTINO MARINES SGT 2000-2004 MAST VINCENT MARINES CPL 1971-1973 SANCHEZ STEVE MARINES SGT 1996-2004 TVEIT THOMAS MARINES CPL 1968-1970 ARENDS DONALD NAVY SFC 1946-1948 BARRETT JAMES NAVY CAPT 1976-2004 MARTS KENNETH NAVY LCDR 1945-1983 YATES JAYSON NAVY PFC 1989-1993 DANFORTH MARK NAVY LCDR 2000-2004 HASSETT HOWARD NAVY LTJG 1943-1945 STEVENSON WILLIAM NAVY BM3 1964-1970 Click here to return to Agenda Nominations and supporting materials are on file with the Community Services Department. ALTERNATIVES Council may choose to approve any or all nominations. Report prepared by: Tustin K. Larson, Marketing & Events Supervisor Report approved by: Frank Spevacek, City Manager 88 Clic�c�ere to refuAn To �geR�aEM N0. City of La Quinta CITY COUNCIL MEETING: October 6, 2015 STAFF REPORT AGENDA TITLES DENY CLAIM FOR DAMAGES FILED BY JOY ODEN; DATE OF LOSS - APRIL 10, 2015 RECOMMENDATION Deny the claim for damages of Joy Oden in its entirety. EXECUTIVE SUMMARY • A claim was filed by Joy Oden with a reported date of loss of April 10, 2015 for personal injury damages. • It was forwarded to Carl Warren & Company ("CW"), the City's claims administrator. • CW reviewed the claim and recommends denial, as the property in question belongs to Verizon. FISCAL IMPACT Stated damages are in excess of $25,000. IACKGROUND/ANALYSIS The claimant alleges stepping onto the side of the roadway and into an uncovered utility box and injuring both knees. The following day, Verizon replaced the cover of the box. CW recommends rejection as the property in question belongs to Verizon and was under their maintenance and control; therefore, the City holds no liability for the claimant's injuries. ALTERNATIVES As CW is relied on to perform an accurate and thorough preliminary assessment of the claim from a liability standpoint and has recommended rejection of this claim, staff does not recommend an alternative action. Report prepared by: Terry Deeringer, Human Resources/Risk Manager Report approved by: Frank J. Spevacek, City Manager M. Click here to return to Agenda 90 Clic�c�ere to refuAn To �geR�aEM N0. City of La Quinta CITY COUNCIL MEETING: October 6, 2015 STAFF REPORT AGENDA TITLE: DENY CLAIM FOR DAMAGES FILED BY CARMEN GASCON; DATE OF LOSS - JULY 15, 2015 RECOMMENDATION Deny the claim for damages of Carmen Gascon in its entirety. EXECUTIVE SUMMARY • A claim was filed by Carmen Gascon with a reported date of loss of July 15, 2015 for vehicle damage. • It was forwarded to Carl Warren & Company ("CW"), the City's claims administrator. • CW reviewed the claim and recommends denial, as the City had no knowledge or notice of the condition. FISCAL IMPACT Stated damages are in excess of $220. IACKGROUND/ANALYSIS The claimant alleges spilled paint in the roadway damaged her vehicle. CW recommends rejection as the City had no knowledge or notice of the condition. ALTERNATIVES As CW is relied on to perform an accurate and thorough preliminary assessment of the claim from a liability standpoint and has recommended rejection of this claim, staff does not recommend an alternative action. Report prepared by: Terry Deeringer, Human Resources/Risk Manager Report approved by: Frank J. Spevacek, City Manager a Click here to return to Agenda 92 Clic�c�ere to refuAn To �geR�aEM N0. City of La Quinta CITY COUNCIL MEETING: October 6, 2015 STAFF REPORT AGENDA TITLE: DENY CLAIM FOR DAMAGES FILED BY ALICIA MALDONADO; DATE OF LOSS - JULY 23, 2015 RECOMMENDATION Deny the claim for damages of Alicia Maldonado in its entirety. EXECUTIVE SUMMARY • A claim was filed by Alicia Maldonado with a reported date of loss of July 23, 2015 for vehicle damage. It was forwarded to Carl Warren & Company ("CW"), the City's claims administrator. CW reviewed the claim and recommends denial, as the City had no knowledge or notice of the condition. FISCAL IMPACT Stated damages are in excess of $30,000. 1ACKGROUND/ANALYSIS The claimant alleges damage to her vehicle after running over a fallen tree branch in the middle of the road following a high wind event. The Public Works Maintenance Division contracts for tree pruning and landscape maintenance in the City's medians on a regularly scheduled rotating basis throughout the year; however, there was no prior notice of the condition and CW has determined that the City is not liable for damages. ALTERNATIVES As CW is relied on to perform an accurate and thorough preliminary assessment of the claim from a liability standpoint and has recommended rejection of this claim, staff does not recommend an alternative action. Report prepared by: Terry Deeringer, Human Resources/Risk Manager Report approved by: Frank J. Spevacek, City Manager 93 Click here to return to Agenda 94 Clic�c�ereo re�uAnTo AgeRaaEM N0. City of La Quinta CITY COUNCIL MEETING: October 6, 2015 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION GRANTING CONDITIONAL APPROVAL OF FINAL PARCEL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PROPERTY LOCATED ON THE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 47 (WASHINGTON PARK COMMERCIAL DEVELOPMENT) RECOMMENDATION Adopt a resolution granting conditional approval of Final Parcel Map and Subdivision Improvement Agreement for the Washington Park Commercial Development associated with Parcel Map No. 36883, and authorize the City Manager to execute said agreement. EXECUTIVE SUMMARY • LQ Land Company and BR 2, LLC (Developers) have requested conditional approval of a Final Parcel Map. • This is a ministerial action that occurs when the conditions of development are satisfied or secured through agreements. Technical corrections and securities for the off -site improvements are the only outstanding items; the Developers have 30 days to complete/secure these items. FISCAL IMPACT None. Securities of sufficient value will secure the incomplete off -site improvements. BACKGROUND/ANALYSIS Washington Park is located at the northeast corner of Washington Street and Avenue 47 (Attachment 1). The Final Parcel Map subdivides a 10.9-acre parcel into four commercial parcels. A movie theater occupies one of the parcels; the Community Development Director approved Tentative Parcel Map 36883 on August 25, 2015. The Developers are seeking conditional approval of the Final Parcel Map (Attachment 2) and Subdivision Improvement Agreement (Attachment 3). They then have 30 days to complete map corrections and submit off -site improvement securities. These improvements include constructing a northbound right -turn lane extension on Washington Street and an all -way stop controlled intersection at Avenue 47 and Caleo Bay. If the Developers fail to complete the items within 30 days, the map will be rescheduled for City Council consideration only after all items are complete. ALTERNATIVES The City Council could deny conditional approval and require the developers to complete all items. This would, however, unnecessarily delay development. 95 Report prepared by: Bryan McKinney, P.E., Principal Engineer Click here to return to Agenda Report approved by: Timothy R. Jonasson, P.E., Public Works Director/City Engineer Attachments: 1. Vicinity Map 2. Parcel Map 36883 3. Subdivision Improvement Agreement 96 Click here to return to Agenda RESOLUTION NO. 2015 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL APPROVAL OF FINAL PARCEL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT ASSOCIATED WITH PARCEL MAP NO. 36883 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 36883 is conditionally approved provided the subdivider submits all required item(s) on or before November 5, 2015. SECTION 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act, and all ordinances of the City. SECTION 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirement and any other requirements not expressly described here to the City Engineer's satisfaction: 97 Click here to return to Agenda Resolution No. 2015- Parcel Map 36883 Adopted: October 6, 2015 Page 2 A. Provide Final Parcel Map signed by City Surveyor B. Submit securities for the off -site improvements 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 November 5, 2015. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 6th 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 98 Click here to return to Agenda ATTACHMENT 1 PARCEL MAP NO. 36883 WASHINGTON PARK I I ] TOLA PAW QUINT DESERT NJ V) PROJECTS AVENUE 47 AVENUE 48 VICINITY MAP NOT TO SCALE 99 Click here to return to Agenda 100 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA PARCEL MAP NO. 36883 BEING A SUBDIVISION OF A PORTION OF PARCEL 2 AS SHOWN ON PARCEL MAP NO, 30903, PER MAP FILED IN BOOK 205, PAGES 48 THROUGH 57, INCLUSIVE OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA; IN THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 5 SOUTH, RANGE EAST, SAN BERNARDINO MERIDIAN. acl kan JUNE 2015 ENO/NEERS OWNER'S STATEMENT WE HEREBY STATE THAT WE ARE THE OWNERS OF THE LAND INCLUDED WITHIN THE SUBDIVISION SHOWN HEREON; THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID LAND; THAT WE CONSENT TO THE MAKING AND RECORDING OF THIS SUBDIVISION MAP AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES: PARCEL A", (WASHINGT)N STREET). THE DEDICATION IS FOR STREET AND PUBLIC UTILITY PURPOSES BR 2, LLC, A DELAWARE LIMITED LIABILITY COMPANY LO LAND COMPANY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY BY: CHARLES JACK TARR. ITS. SOLE MANAGER BY CHARLES JACK TARR, ITS SOLE MANAGER LESSEE CRO, LLC. A CALIFORNIA LIMITED LIABILITY COMPANY, LESSEE PER GROUND LEASE RECORDED DECEMBER 24, 2014 AS DOCUMENT NO 2014-0492628 OF OFFICIAL RECORDS CHARLES JACK TARR, ITS SOLE MANAGER BENEFICIARY CINEMARK USA, INC., A TEXAS CORPORATION, BENEFICIARY UNDER DEED OF TRUST RECORDED DECEMBER 24. 2014 AS DOCUMENT NO, 2014-0492599 OF OFFICIAL RECORDS THOMAS J. OWENS, EXECUTIVE VICE PRESIDENT- REAL ESTATE SEE SHEET 2 FOR NOTARY ACKNOWLEDGEMENT SIGNATURE OMISSIONS PURSUANT TO SECTION 66436 OF THE SUBDIVISION MAP ACT, THE SIGNATURES OF THE FOLLOWING OWNERS OF EASEMENTS AND/OR OTHER INTERESTS HAVE BEEN OMITTED, THE UNITED STATES OF AMERICA, HOLDER OF RESERVATIONS AND EXCEPTIONS PER PATENT RECORDED OCTOBER30, 1913 IN BOOK 6. PAGE 244 OF PATENTS, RECORDS OF RIVERSIDE COUNTY. ONE ELEVEN WASHINGTON LIMITED, HOLDER OF AN EASEMENT FOR SLOPE MAINTENANCE PURPOSES PER DOCUMENT RECORDED APRIL 5, 1968 AS INSTRUMENT NO. 68-31462 OF OFFICIAL RECORDS. EAGLE HARDWARE AND GARDEN, INC., HOLDER OF AN EASEMENT FOR INGRESS AND EGRESS PURPOSES PER DOCUMENT RECORDED NOVEMBER 4. 1997 AS INSTRUMENT NO. 91-403643 OF OFFICIAL RECORDS, TARGET CORPORATION AND WASHINGTON 111. LTD, HOLDER OF AN EASEMENT FOR INGRESS, EGRESS AND PARKING, UTILITY, CONSTRUCTION, MAINTENANCE, AND RECONSTRUCTION, AND SIGN PURPOSES PER DOCUMENT RECORDED AUGUST 6, 2003 AS INSTRUMENT NO. 03-598399 OF OFFICIAL RECORDS. WASHINGTON I11, LTD, AND LOWES HIW, INC., HOLDER OF AN BASEMENT FOR RECIPROCAL ACCESS AND WATER LINE PURPOSES PER DOCUMENT RECORDED AUGUST 6, 2003 AS INSTRUMENT NO. 03-598401 OF OFFICIAL RECORDS, WASHINGTON I11, LTD, AND LOWE'S HIW, INC., HOLDER OF AN EASEMENT FOR RECIPROCAL ACCESS PURPOSES PER DOCUMENT RECORDED AUGUST 6, 2003 AS INSTRUMENT NO, 03-598401 OF OFFICIAL RECORDS. COACHELLA VALLEY WATER DISTRICT, HOLDER OF EASEMENTS FOR WATER, SANITATION, UNDERGROUND PIPELINES AND INCIDENTAL PURPOSES PER DOCUMENTS RECORDED OCTOBER 1, 2003 AS INSTRUMENT NO, 2003-771777, NOVEMBER i), 2006 AS INSTRUMENT N0. 2006-0852588, AND RECORDED DULY 22, 2D15 AS INSTRUMENT NO. 2015-0323969, ALL OFFICIAL RECORDS OF RIVERSIDE COUNTY. VERIZON CALIFORNIA, INC., HOLDER OF AN EASEMENT FOR ELECTRIC ENERGY FOR COMMUNICATION AND INCIDENTAL PURPOSES PER DOCUMENT RECORDED OCTOBER 22, ODDS AS INSTRUMENT NO 2003-831826, OFFICIAL RECORDS OF RIVERSIDE COUNTY. THE STATE OF CALIFORNIA, HOLDER OF AN EASEMENT MR SLOPE AND INCIDENTAL PURPOSES PER DOCUMENT RECORDED APRIL 5, 1968 AS INSTRUMENT N0. 68-31462 OF OFFICIAL RECORDS, SURVEYOR'S STATEMENT Click here to retu n'to °�gend�a RECORDER'S STATEMENT FILED THIS_ DAY OF , 2015 AT-,M., IN BOOK OF PARCEL MAPS, AT PAGES AT THE REQUEST OF THE CITY CLERK OF LA OUINTA. N0. FEE PETER ALDANA. ASSESSOR -COUNTY CLERK- RECORDER BY . DEPUTY SUBDIVISION GUARANTEE: STEWART TITLE COMPANY THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF JACK TARR ON JULY 24. 2015. I HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED OR THAT THEY WILL BE SET WITHIN ONE YEAR OF MAP RECORDATION AND THAT THE MONUMENTS ARE, OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACES. I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY. APPROVED TENTATIVE MAP, IF ANY DATE: `AND F0 SG tea`' ems" +at �o =� EDY P. ADKISON L.S. 6390 rc czan EXPIRATION DATE: 9-30-15 CITY ENGINEER'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN MAP OF PARCEL MAP 36883 CONSISTING OF 6 (SIX) SHEETS; THAT THE SUBDIVISION SHOWN THEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP. IF ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF THE STATE SUBDIVISION MAP ACT AND LOCAL ORDINANCES HAVE BEEN COMPLIED WITH. DATE: , 2015 TIMOTHY R. JONASSON, PUBLIC WORKS DIRECTOR/ CITY ENGINEER R.C.E 45843 EXPIRATION DATE 12-31-2016 CITY SURVEYOR'S STATEMENT QR�FE$$IUN�Y 'irY�y yr ~ N0. 65843 st�OF GALA � I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN MAP OF PARCEL MAP NO. 36883 CONSISTING OF 6 (SIX, SHEETS AND I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT. DATE: , 2015 AND InE�P' (��* A EIN A. NELSON. ACTING CITY SURVEYOR L.S. 5563 EXPIRATION DATE, 9-30-2017 ✓j��� 9/F GK CA�AF� CITY CLERK'S STATEMENT I, SUSAN MAYSELS, CLERK AND EX-OFFCCAO CLERK OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DO HEREBY STATE THAT SAID CITY COUNCIL AT IT'S REGULAR MEETING HELD ON THE _ DAY OF 2015, APPROVED WITH WITHIN MAP OF PARCEL MAP NO. 36883 AND DID ACCEPT THE DEDICATION OF PARCEL "A" FOR STREET AND PUBLIC UTILITY PURPOSES, SUBJECT TO IMPROVEMENTS. SUSAN MAYSELS CITY CLERK AND EX-OFFCCIO CLERK OF THE CITY COUNCIL OF THE CITY OF LA QUINTA TAX BOND CERTIFICATE I HEREBY CERTIFY THAT A BOND IN THE SUM OF $ HAS BEEN EXECUTED AND FILED WITH THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, CAUFORNIA CONDITIONED UPON THE PAYMENT OF ALL TAXES, STATE, COUNTY, MUNICIPAL, OR LOCAL, AND ALL SPECIAL ASSESSMENTS COLLECTED AS TAXES, WHICH AT THE TIME OF FILING OF THIS MAP WITH THE COUNTY RECORDER ARE A LIEN AGAINST SAID PROPERTY BUT NOT YET PAYABLE AND SAID BOND HAS BEEN DULY APPROVED BY SAID BOARD OF SUPERVISORS, DATE: 2015 CASH OR SURETY BOND DON KENT COUNTY TO COLLECTOR BY.' , DEPUTY TAX COLLECTOR'S CERTIFICATE 1 TH HEREBY CERTIFY THAT ACCORDING TO E RECORDS OF THIS OFFICE, AS OF THIS DATE, THERE ARE NO LIENS AGAINST THE PROPERTY SHOWN ON THE WITHIN MAP FOR UNPAID STATE, COUNTY, MUNICIPAL, OR LOCAL TAXES, OR SPECIAL ASSESSMENTS COLLECTED AS AXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOW A LIEN BUT NOT YET PAYABLE, WHICH ARE ESTIMATED TO BE 8 . DON KENT DATE: . 2015 COUNTY TAX COLLECTOR BY: . DEPUTY 101 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA Click here to returnTt2 Qk 6end`a PARCEL MAP NO. 36883 BEING A SUBDIVISION OF A PORTION OF PARCEL 2 AS SHOWN ON PARCEL MAP NO, 30903, PER MAP FILED IN BOOK 205, PAGES 48 THROUGH 57, INCLUSIVE OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA; IN THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 5 SOUTH, RANGE EAST, SAN BERNARDINO MERIDIAN. adlcan JUNE 2015 ENO/NEERB A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY ME A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTFICATE VERIFIES ONLY THE IDENiBY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS IDENDTY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS ONLY IS ATTACHED, AND NOT ME TRUTHFULNE5S, ACCURACY, OR VALIDITY OF THAT DOCUMENT. ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ON BEFORE ME, PERSONALLY APPEARED WHO PROVED TO ME ON THE RASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAMES) IS%ARE SUBSCRIBED TO ME WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY NIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(,, OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER ME LAWS OF ME STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT, WITNESS MY HAND AND OFFICIAL SEAL SIGNATURE NOTARY PUBLIC, STATE OF CA COMMISSION N0: MY COMMISSION EXPIRES: COUNTY OF PRINCIPAL PLACE OF BUSINESS: _ A NOTARY PURLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED ME DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY. OR VALIDITY OF THAT DOCUMENT. NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ON BEFORE ME, PERSONALLY APPEARED . WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO ME WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/HEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(,), OR ME ENRTY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER ME IAWS OF ME STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT WITNESS MY HAND AND OFFICIAL SEAL SIGNATURE NOTARY PUBLIC, STATE OF CA COMMISSION N0: MY COMMISSION EXPIRES: COUNTY OF PRINCIPAL PLACE OF BUSINESS: NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ON BEFORE ME, PERSONALLY APPEARED . WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE MME(S) IS/ARE SUBSCRIBED TO THE WIMIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/MEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACR UES), AND THAT BY HIS/HER/THEIR NONATURE(S) ON ME INSTRUMENT THE PERSON(S), OR ME ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED ME INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT ME FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND AND OFFICIAL SEAL SIGNATURE NOTARY PUBLIC, STATE OF CA COMMISSION NO.: MY COMMISSION EXPIRES: COUNTY OF PRINCIPAL PLACE OF BUSINESS: _ A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHES, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF OUT DOCUMENT NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ON BEFORE ME, PERSONALLY APPEARED WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO ME WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HERIMEIR SIGNANRE(S) ON THE INSTRUMENT THE PERSON(S), OR ME ENTRY UPON BEHAI OF WHICH THE PERSON(S) ACTED, EXECUTED ME INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT WITNESS MY HAND AND OFFICIAL SEAL SIGNATURE NOTARY PUBLIC, STATE OF CA COMMISSION NO: MY COMMISSION EXPIRES: COUNTY OF PRINCIPAL PLACE OF BUSINESS: mn IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA Click hereto returnHjET XF 6 SaETH PARCEL MAP NO. 36883 BEING A SUBDIVISION OF A PORTION OF PARCEL 2 AS SHOWN ON PARCEL MAP NO, 30903, PER MAP FILED IN BOOK 205, PAGES STATE 48 THROUGH 57. INCLUSIVE OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY STATE OF CALIFORNIA, IN THE NORTHEAST CHARTER HWY NO, III OF SECTION 30, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN. SNF ad kan JUNE 2015 _�A^ ENO I N E E R8 "'S SURVEYOR'S NOTES hl • -INDICATES FOUND MONUMENT AS NOTED -INDICATES ED LEAD & LS 8010 TAG IN SIDEWALK PER AMENDED PM 32683-3, PUB 219/58-61 O -INDICATES SET 1IIF & LS 5390 TAG, FLUSH N SET i "IP & LS 5390 TAG, FLUSH AT ALL PARCEL CORNERS, ANGLE POINTS IN SEL` 30 ® SIDE OR REAR PARCEL LINES, AND ANGLE POINTS IN SUBDIVISION BOUNDARY, —SNF EXCEPT AS OTHERWISE NOTED SNF SET LEAD & LS 5390 TAG IN TOP OF CURB (RIVERSIDE COUNTY STANDARD "E") 16, ON SIDE PARCEL LINES PROJECTED, EXCEPT AS OTHERWISE NOTES I� SET LEAD & LS 5390 TAG IN TOP OF CURB (RIVERSIDE COUNTY STANDARD "E) FOR BCs, ECs, POD , AND CORNER CUTBACKS PROJECTED PERPENDICULAR OR RADIAL FROM CENTERLINE, EXCEPT AS OTHERWISE NOTED .-SNF (R 1) -INDICATES RECORD DATA PER AMENDED PARCEL MAP NO. 32683-3, PMB 219/58-61 (R2) -INDICATES RECORD DATA PER PARCEL MAP NO, 30903 PMB 205/48-57 (R3) -INDICATES RECORD DATA PER RECORD OF SURVEY 91/81 (R4) -INDICATES RECORD DATA PER PARCEL MAP NO, 29791, PMB 201/26-27 SNF -INDICATES SEARCHED, NOT FOUND ^ THIS MAP CONTAINS 10.92 ACRES GROSS WITHIN THE DISTINCTIVE BORDER 3 o� ALL MONUMENTS SET PER RIVERSIDE COUNTY ORDINANCE 461,21 m IMam GRAPHIC SCALE SNF OOloa o so 10o zoo aoo ( IN FEET ) 1 inch = 100 ft. PAR'C FL MAP NO. COURSE DATA (D 4=0'54'20" I R=2066 00' L=32 66' PMB `2-011226=27 (A=0.5421" R=2065.00' L=32.67' RI) CE WASHINGTON STREET 4=2'01'14" R=2634.00' L=92.89' o�'02'08" R=2634.00' L=93.58') PER RS 9I/81 (4=2 ® (A-19' 8328 R=600 . 0' L -2 5.68 (A=19'38'28" R=600.0' =20571' RI) A=19'44'58" R=600.00' L=206.82' SIMON DRIVE ® (A=19'45'38" R=600.00' L=206.93' RI) SNF SAID NO'19'09"W 61.84' ® (NO'19'26'W 67.78' R2) ® (NO'23'00'W 432,26' DO) V`C�B•J ® (A=0'28'02" R=2375.00' L=19.36' R3) II �_a 68i/Ef ® N4851'17"E 3.57' 60-' 66T PAS1 V (N48'51'25'E 3,68AS) FD LEAD & LS 8010 TAG IN TOP OF CURB PER PMB 219/58-61 IPQIP" 9 EY QMIC�M7©C�© PQIPL Cad •. N MAP z 3 PIAIL 21a/60-61 PL.1P. PAP" 6 60' 1 66' Z SNF �Fi�/� FAD & LS 8010 TAG IN CONC PER PM'B7'219/58-61 739-3EZ 1828246Rt 8 Z y (N89'41"34"E IBR46' R1)/ 'Ffl ED 1'IP & LS 8010 TAG, ON 01'PER PMB 1 219/58-61 ¢i SNF 'E(PRCJ W 2 oI N'� 3 FOUND IP W/ BRASS CAP, 60, —SNF N80'1635'E -- 026'PER PMB q \5 205/48-5] 2051 N89'40'i N89'4( SNF 1/4 CDR. 0 SNF ESTABLISHED AT - RECORD DISTANCE FROd E'LY CORNER PAR B. PMB 219158-61 & LS 8010 TAG, PUB 219/58-61 ye R,l SAP SEE SHEET 4 BASIS OF BEARINGS THE CENTERLINE OF 47TH STREET BEING NORTH 89'40'38" EAST PER AMENDED PARCEL MAP NO. 32683-3 EMS 279/ THY, PC 1, WAS HELD AS THE BASIS OF BEARINGS FOR EASEMENT NOTES THE UNITED STATES OF AMERICA, HOLDER OF RESERVATIONS AND EXCEPTIONS 1 PER PATENT RECORDED OCTOBER 30, 1913 IN BOOK 6, PAGE 244 OF PATENTS, RECORDS OF RIVERSIDE COUNTY (CANNOT BE LOCATED FROM RECORD) RECIPROCAL ACCESS EASEMENT, SY AND BETWEEN WASHINGTON III, LTD AND z2 LOWE'S HAW, INC., AND TARGET CORPORATION RECORDED OCTOBER 1, 2003 AS INSTRUMENT NO 2003-598401 OF OFFICIAL RECORDS. COACHELLA VALLEY WATER DISTRICT, HOLDER OF EASEMENTS FOR WATER, SANITATION, UNDERGROUND PIPELINES AND INCIDENTAL PURPOSES PER DOCUMENT RECORDED OCTOBER 1, 2003 AS INSTRUMENT N0. 2003-777777, OFFICIAL RECORDS OF RIVERSIDE COUNTY. SAID EASEMENT HAS BEEN PARTIALLY QUITCLAIMED BY DOCUMENT RECORDED AUGUST 6, 2015 AS INSTRUMENT NO 2015-0349506, OFFICIAL RECORDS. COACHELLA VALLEY WATER DISTRICT, HOLDER OF EASEMENTS FOR WATER, ®SANITATION, UNDERGROUND PIPELINES AND INCIDENTAL PURPOSES PER DOCUMENT RECORDED NOVEMBER 17, 2006 AS INSTRUMENT NO. 2006-0852588, OFFICIAL RECORDS OF RIVERSIDE COUNTY. COACHEL II VALLEY WATER DISTRICT, HOLDER OF EASEMENTS FOR WATER, SANITATION, UNDERGROUND PIPELINES AND INCIDENTAL PURPOSES PER 0000MENT RECORDED JULY 22, 2015 AS INSTRUMENT NO. 2015-0323969. OFFICIAL RECORDS OF RIVERSIDE COUNTY VENISON CALIFON IA, INC-, HOLDER OF EASEMENT FOR ELECTRIC ENERGY FOR 6 COMMUNICATION AND INCIDENTAL PURPOSES PER DOCUMENT RECORDED OCTOBER 22, COCA AS INSTRUMENT N0. 2003-831826, OFFICIAL RECORDS OF RIVERSIDE COUNTY (CANNOT BE LOCATED FROM RECORD) 7 TARGET CORPORATION, HOLDER OF AN EASEMENT FOR INGRESS AND EGRESS PURPOSES PER DOCUMENT RECORDED AUGUST 6, 2003 AS DOCUMENT N0, 2003-598399 OF OFFICIAL RECORDS (CANNOT BE LOCATED FROM RECORD) PA RC[EE 2 N87. MO.2492,4 REC. 7=16.1997 ED 1"IP W/ ILLEG. PLUG, F1 IN LIEU OF 1"IP & LS 7159 TAG, FLUSH PER PMB 205/48-57. SET LS 5390 TAG. DETAIL 'A" P°2.RCEL 9 PARCEL MAP N®. °a N.T.S. boa f?HIR 205/AM7 ED C &ILLEG. TAG, FLUSH IN TAG LIEUIEU OF 1'YP & L7159 S EIS RN6RFLUSH. AC 2051481-57LINE SETLS5390 TAG �v>ogo?7v T 349j azj 212 p2) TAGUJOE OPPN F5 ,9�RZJ (N,O ;5'2 W'208 AG NER PR & EPTEDI AS / /48- MB SET LS 5390 ,�/ NJp40J'1p45'7b ., I RFD SPIKE &WASHER �" 303 R7p 205/48-57... AVID f 4j NWY 1I1 o i iOUOIIINTA& 2,` PALLM DESERT SIMON TO INDIO PROWECT A Nu SITE AVENUE ae AVENUE 50 VICINITY MAP N h0 �A�C��LC PARCEL MAP HOO" �0000' Rye ED I "IP W/ ILLEG. PLUG, FLUSH IN LIEU OF 1 IP & LS 7759 TAG FL PER PMB 205/48-57 p�j Q 205 y55, 3Y S74'12'40'E 0. I1'. SET LS 5390 -Ns ZPo�S 1 `d TAG SCR IE222' SNF A==1693368..003"E2R 38 22227 (R-636.007 2(N,p SEE DETAIL 527" (R+M R1)�,� N ® 47'77 —^ p4p4 � " A" ABOVE EN 47 �' �71�p, 11P NO N> R7 pop OED N PER PMB 205148-57, SET FD SHP589RLEG, "E 0. 4 S D >1j9 1, LS 5390 TAG, 13' PER PMB 205/48-57 FO 1 "IP & ILLEGIBLE TAG, FLUSH% ACCEPTED AS POINT ON N70'40'45'W 0,12' PER PM 30903, 1 PMB 205/48-57 ACCEPTED AS CENTERLINE. POINT ON CENTERLINE 103 IN THE CITY OF LA NUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA ) PARCEL MAP NO. 36883 BEING A SUBDIVISION A PORTION OF PARCEL 2 AS SHOWN PARCEL MAP N0. PER MAP FILED IN BOOK DETAIL "C" / ao O OUN 205, PAGES 48 THROUGH SE, INCLUSIVE OF PARCEL MAPS, RECORDS A RIVERSIDE COUNTY, STATE OF CALIFORNIA; IN G THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 5 SOUTH, RANGE ] EAST SAN BERNARDINO MERIDIAN. �p adKan I% Ar N 4I N EC RS DUNE 2015 N.T.S. PAR. 4 SEE SHEET 3 FOR SURVEYOR'S NOTES AND BASIS OF BEARINGS 6• SEE SHEET 3 FOR EASEMENT NOTES PAR. 3 _n � A 'ss s� PAR. 4 (Ni T2 o �yp9422 N.T.S. P.�j 222.27'�E/f 4j \ Ro5653J" C_z3galo :/ -`vW AVENUE 47 I r o NNE J I\ I 4, J R,S6 J2J• Cc7p4p0p' } GRAPHIC SCALE - PARCEL5 Sl 60 0 30 60 120 240 O ' � ( IN FEET ) 'C 1 inch = 60 It. AMENDED PARCEL MAP f%NWCE.fL (~"i" _ Z RME29M/EQ=6t PARCEL SNF ESTABLISHED AT RECORD DISTANCE FROM NELY CDR. OF PARCEL 'P', PMB 'Ys 219/58-31 PARCE. 2 IL l 66' _—SNF p \ s. M67. NO.20234 REC. 79M-9997 o 4=2'0114 R=2634.00 L=92,5 ED 7"IP & LS (4=2'02'08" R=2634.00' L=93.58' R1) �� 8010 TAG, FL PER PMB 219/58-61 ry$gh6 `IN \ J ss 5`y. R�E �g7J'9JTAG T FD LEAD & LS 8010 PER dF"ti$9\ 2 ] IN GONG PMB 2 19/58-67 R1 SOF I82,44' 182,46' N89'4220E IS&44' oo / (N89'41'34"E 188.41' RI), w FD 1 IP & LS g 8010 TAG, DO 0.� �s ?`9n.-P PER PMB 'moo \ s 1� El 61`OsO 19153-61 R < SEE SHEET 6� 2v y'6 / �a FOR DETAIL 5 \ s2 SNF ESTABLISHED TO ANCT RECORD ANGLE AND DISTANCE PER APMB -61 "IP PARCEL 2 \ \ \ LIEU D 1 OPEN F& IFOF 7 IP & 1.10 ACRES \ \ \ LS 7159 TAG, FL. L ACCEPTED AS a \ \ \ \ CORNER PERPMB LS5/4980 TA SET LS 53so TAG. 'PARCEL 0-09 ACRES 6' w m w \ \ SEE SHEET 5 \ \ " \ ® FOR DETAIL \ \ \ p_1'29'56" L __ 72.36 SEE SHEET 5 PARCEL 1 \ 724 ACRES �\ 5El 1 FOR DETAIL d65rld 1 \ '�05 N89'4206"E 136.17' \ �L o W h0500o \ \ .hROOo dry/ 6 TS �UG, FLW IN NIJEU R�6 q1g y h� J1 7 59 TAG FL PMB VVV111 d \ Q/1// 205/48-57 SET PARCEL 3 \ \�� `.�// Ls 390 TAG. ' 1.23 ACRES ) p \ h o c PARCEL 9 PARCEL MAP NO. OO903 U PMB205 46-57 66' v o'9s\ o� „� o iv SEE SHEET 5 6' 26' WASHING70N STREET \ Ppsj0, o, _+ FOR DETAIL CAAP IP uLEGW/ BRASS DEDICATED HEREON 6 aDa32 r N. \ N80'1635'E MS'pp `SJh. 0.26 PER PMB 6' Ogyl, N89'41'34""E 116.29' d 205/48� 60' 6g'2a" — � 10\ y„ 3.25' 1825' NO'l6'08'W / ��o FLI 1"IT W/ ILLEG, PLUG, SNF y 33.70' —1 \ T O I 'T AG,UFLFPERPPMB, ---- �0. \ 15Jp N>0 J9\ �T 205/48-5] S]4'12'40"E N89'41'18"E 166.05' N Jg jy? / 0.11 SET LS 5390 TAG. rv�o� �.� 50� N1pJ J 9?D??f 316j � it 9 O 3�3 z�ze eo a PARCEL 4 D - 1.27 ACRES a~-- S'0'"' /SNF (N8913"8 R=T636.0'' 19'�ON84'77'185N89'40227R8R)'E 2L=280 (RI ,24N 193','R'Ll SEE DETAIL "B" ABOVE gG2 /''2J SNF a I C d5 5S l�ry N89'40'38"E 305.27' (RIM RI) �� 4=79'38'37" R_Z. �N� . � FO 1 "IP & ILLEGIBLE TAG, \FD 1/2" COPPER ROD, BASIS OF BEARINGS (4=19138'2P R 6p �0' C_ Nj 4C72• 4 FLUSH IN LIEU OF 1"IP & LS -600 205 ]759��//77TAG FLUSH ACCEPTED LSU,U SOPPERWELDE STAMPED AVENUE 47 "' C-205", RT l �4$ EIJp4 R7 205/48P57L SET LSP5390MB G. 21 8010 PER PMB �). N18'0 219/58-61 / NJp. iN18'OS Ol'I 34.83' 589'40P38"E 1E13' PER PMBH l (MD�SS 1V 7)z E 34'91 , R2) ONS CENTERLINE.CEPTEO AS POIM FO 1 "IP &/ ILLEGIBLE TAG, RJ�3R/KE & J RlJ \ \�FD l,lP O EE DE7q/L "C^ ABOVE 57 ACAS EDON ONPLUS RGO CENTERLINEEDER MB z0%B S,O9 0 <S f S�T`CS 5390ERFP'NBS205CCEPOFO %F /4B_52 l o� IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA PARCEL MAP NO. 36883 REING A SUBDIVISION OF A PORTION OF PARCEL 2 AS SHOWN ON PARCEL MAP N0. 30903, PER MAP FILED IN BOOK 205, PAGES 48 THROUGH 57, INCLUSIVE OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, IN THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN. adlcan JUNE 2015 ENO/NEERS SEE SHEET 3 FOR SURVEYOR'S NOTES AND BASIS OF BEARINGS SEE SHEET 3 FOR EASEMENT NOTES EASEMENT DETAIL GRAPHIC SCALE ( IN FEET ) I men = 40 IF \ I'y3�19F'IzIL "I0^ r�0 `ti99' /p0 g �1A 900� p9 p �AO� K 1�\ h6 9 \ PARCEL i \a9a 6 2 o�q ry� N q1 F\ 48'52'34"E . o' 12.00' 0. 1 ry6 0 a6Y \ �GK ,00 1yj�aA\61�\ Noy �a° tiy`o ti0S$ ,p� yti yIN \ x y9�.o. p0i aR6 \�J PARCEL 3 SHEET 5 OF 6 SHEETS Click here to return to Agenda COURSE DATA N89'42'49"E 20.86' (2)NO'17'53"W 15.19' N89'42'07"E 19.99' ®A=17'28'01" R=160.00L=48.78' N5'13'18"E 5,76' © N8446'42W 10.00' (2)A=3'43'45" R=160.00' L=10.41' ®A=i'44'30" R=490.00' L=14.90' @9 N41'07'26'W 2.28' ® A=7'20'54" R=326.00' L=41.81' © 6=7'20'54" R=315.00' L=40. 40' ® N80'57'39'W(R) 11.00' © N73.36'45W(R) 11.00' ® N80'57'39'W(R) 15.00' © 6=19'38'48" R=61.00' L=20.92' ® N41'07'26 TV 20.91' © N48'52'34'E 9.00' N84'17'18"W(R) 25.84' 105 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA Click here to returnIT 6 OF 6 S a PARCEL MAP NO. 36883 BEING A SUBDIVISION OF A PORTION OF PARCEL 2 AS SHOWN ON PARCEL MAP NO, 30903, PER MAP FILED IN BOOK 205, PAGES 48 THROUGH 57, INCLUSIVE OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA; IN THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN. adi(an JUNE 2015 ENO/NEENS SEE SHEET 3 FOR SURVEYOR'S NOTES AND BASIS OF BEARINGS SEE SHEET 3 FOR EASEMENT NOTES EASEMENT DETAIL GRAPHIC SCALE TN FEET ) I inch = 40 ft. PARCEL 'P' AMENDED PARCEL MAP MM 32.603-3 PHU F' e �PtlMT, N�. 26SbzB! REC. 3=9&IN7 COURSE DATA p\ Qt N48'S2"15"E 12.91' ® N41'0745"W 21,86' (22,01' PER&) \\ N48'52'15"E 13.31 i \� KQ ®N48'57'77"E 20.00' N41.07'45 "W 20 00' \� �I \ jj• ©(NAB .57!25 E 3 55' R2) A y N48'52'75 E PARCEL i ti ooy�s. h h z F\ \ 3d x \ N48'S2'15 E 12.97' \ PARCEL MAP NO. W903 d �p<0�'LOoo g51ryh \� 6 y6�ryl / 6 's a/ Q / PUTS 2W1A1 7 Y 106 Click here to return to Agenda CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP NO. 36883 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 120 by and among BR 2, LLC, a Delaware limited liability company and LQ Land Company, LLC, a California limited liability company, hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and submitted to City for final approval and recordation a final map or Parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Parcel Map No. 36883 (the "Parcel Map") pursuant to the provisions of Section 66410, et seq. of the California Government Code (the "Subdivision Map Act"). The Subdivision Map Act and City ordinances and regulations relating to the filing, approval and recordation of subdivision maps are sometimes collectively referred to in this Agreement as the "Subdivision Laws." B. A tentative map of the Parcel has been approved subject to the Subdivision Laws and to the requirements and conditions contained in the Findings and Conditions of Approval for the Parcel Map approved at the Director's Hearing on August 25, 2015 (the "Resolution of Approval"). The Resolution of Approval is on file in the office of the City Clerk and is incorporated into this Agreement by reference. C. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). D. The Improvements have not been installed and accepted at this time. E. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. In consideration of approval of a final map for the Parcel Map by the City Council, Subdivder desires to enter into this Agreement, whereby Subdivider promises to install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed Parcel Map. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish complete original improvement plans for the construction, installation and completion of the Improvements meeting the requirements of the City Engineer. The Improvement Plans for the Parcel Map shall be maintained on file in the office of the City Engineer and shall be incorporated into this Agreement by reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the Improvements as approved by the City Engineer. 2. Improvements. Subdivider shall construct the Improvements required to be constructed on the Improvement Plans or agreed to be constructed under the Resolution of Approval and this Agreement as more specifically described in Exhibit "A." attached hereto and expressly made a part hereof by this reference, and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. Subdivder shall at all times guarantee Subdivider's performance of this Agreement by furnishing to City, and maintaining, good and sufficient security as required by the Subdivision Laws on forms and in the amounts approved by City for the purposes as follows: A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the 107 1 of 9 Click here to return to Agenda Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. The performance security shall also include good and sufficient security in the amount of one hundred percent (100%) of the estimated cost of setting subdivision monuments as stated hereafter in this Agreement ("Monumentation Security"). A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition precedent to City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and prior to acceptance of the Improvements by the City Council. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and may be one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, in a form acceptable to and approved by the City Attorney, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Parcel Map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 108 2 of 9 Click here to return to Agenda 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least twenty percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal one hundred percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents specified in this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. The City Engineer shall approve replacement of security. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Parcel map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. 109 3 of 9 Click here to return to Agenda F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of Section 10 of this Agreement. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 13 of this Agreement, the warranty period shall not commence until final acceptance of all the work and improvements by the City pursuant to Paragraph 10. Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 6) City may retain from any security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 110 4 of 9 Click here to return to Agenda 6. Completion of Improvements; Inspection. 6.1 Construction of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 6.2 Inspection. Subdivider shall at all times maintain proper facilities and safe access for inspection of the public improvements by City and to the shops wherein any work is in preparation. Upon completion of the work, the Subdivider may request a final inspection by the City Engineer or the City Engineer's authorized representative. If the City Engineer or the designated representative determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards and accepted by the City as described in Paragraph 10 of this Agreement. Subdivider shall bear all costs of plan check, inspection and certification. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions set forth in the Resolution of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 12, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Jury to Improvements. Until such time as the Improvements are accepted by City in accordance with Paragraph 10, Subdivider shall be responsible for and bear the risk of loss to any of the 111 5 of 9 Click here to return to Agenda improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by Subdivider. 12. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 13. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. If within the warranty period any work or improvement or part of any work or improvement done,furnished, installed, constructed or caused to be done, furnished, installed or constructed by Subdivider fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, Subdivider hereby authorizes City, at City's sole option, to perform the work twenty (20) days after mailing written notice of default to Subdivider and to Subidivider's Surety, and agrees to pay the cost of such work by City. Should City determine that an urgency requires repairs or replacements to be made before Subdivider can be notified, City may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and Subdivider shall pay to City the cost of such repairs 14. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 15. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed, or commenced and diligently pursued, within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 16. Iniury to Public Improvements, Public Property or Public Utility Facilities. Subdivider shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work performed under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 17. Indemnification. a. Neither City nor any and all of its officials, employees and agents ("Indemnified Parties") shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees in the performance of this Agreement. Subdivider further agrees to protect and hold harmless Indemnified Parties form any and all claims, demands, causes of action, liability or loss of any sort, including, but not limited to, attorney fees and litigation expenses, because 112 6 of 9 Click here to return to Agenda of, or arising out of, acts or omissions of Subdivider, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design of construction of the Improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. b. Acceptance by City of the Improvements shall not constitute an assumption by City of any responsibility for any damage or taking covered by this paragraph. City shall not be responsible for the design or construction of the subdivision or the improvements pursuant to the approved Improvement Plans or map, regardless of any negligent action or inaction taken by City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Subdivider submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. Except as may be provided above, City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. Nothing contained in this paragraph is intended to or shall be deemed to limit or waive any protections or immunities afforded by law to City or any and all of its officials, employees and agents ("Indemnified Parties"), by virtue of city's approval of the plan or design of the Improvements, including without limitation the protections and immunities afforded by Government Code Section 830.6. After acceptance of the improvements, Subdivider shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect; however, Subdivider shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten (10) years following the acceptance by City of the Improvements. It is the intent of this paragraph that Subdivider shall be responsible for all liability for design and construction of the Improvements installed or work done pursuant to this Agreement and that city shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The Improvement Security shall not be required to cover the provisions of this paragraph. 18. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 19. Severability. In the event that a court of competent jurisdiction determines that any provision or provisions of this Agreement are unenforceable, all provisions not so held shall remain in full force and effect. 20. Subdivider No Agent of City. Neither Subdivider nor any of Subdivider's agents, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement. 21. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. 113 7 of 9 Click here to return to Agenda D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. G. Time is of the essence in the performance of each and every provision of this Agreement. H. The Recitals to this Agreement are hereby incorporated into and expressly made a part of the terms of this Agreement. I. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Frank J. Spevacek, City Manager ATTEST: Susan Maysels, City Clerk Date BR 2, LLC, a Delaware limited liability company and LQ Land Company, LLC, a California limited liability company 30240 Rancho Viejo Rd., Ste B San Juan Capistrano, CA 92675 By: By: Charles Jack Tarr, BR 2, LLC Date Charles Jack Tarr, LQ Land Company, LLC Date Title Its Sole Manager Title Its Sole Manager Reviewed and Approved: Timothy R. Jonasson, P.E., City Engineer Date Approved as to Form: William H. Ihrke, City Attorney Date 114 8 of 9 Click here to return to Agenda Exhibit A SECURITY — PARCEL MAP NO. 36883 OFF -SITE IMPROVEMENTS Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the Parcel Map and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required Parcel Map improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Street Improvements $ $ Signing and Striping $ $ Totals $ $ Standard 10% Contingency $ $ Total Construction Cost $ $ Professional Fees, Design 10% $ $ Professional Fees, Const 10% $ $ Bond Amount $ $ 115 9 of 9 Click here to return to Agenda 116 ClickFereto,,fALT,Rffl atMRJO. City of La Quint: CITY COUNCIL MEETING: October 6, 2015 STAFF REPORT AGENDA TITLE: APPROVE ASSIGNMENT AND ASSUMPTION AGREEMENT FOR CAPISTRANO DEVELOPMENT LOCATED SOUTH OF AIRPORT BOULEVARD, WEST OF MONROE STREET, AND NORTH OF AVENUE 58 RECOMMENDATION Approve the Assignment and Assumption Agreement for the on -site improvements of Tract Map No. 31910 for the Capistrano development, and authorize the City Manager to execute said agreement. EXECUTIVE SUMMARY • The developer, La Quinta 57 Estates, Inc., entered into a subdivision improvement agreement (SIA) with the City in 2006 (Attachment 1). The developer is selling its interest to Capistrano Lots, LP. • The Assignment and Assumption Agreement (Attachment 2) allows the developer to assign the subdivision improvement obligations to the new developer subject to approval by the City Council. FISCAL IMPACT None. Bonds of sufficient value have been submitted by the new developer to secure the incomplete improvements. BACKGROUND/ANALYSIS On December 6, 2006, the City and La Quinta 57 Estates, Inc. entered into an SIA for Tract Map No. 31910 for the Capistrano development, located south of Airport Boulevard, west of Monroe Street, and north of Avenue 58 (Attachment 3). The developer is selling its interest to Capistrano Lots, LP and desires to assign the subdivision improvement obligations. The remaining on -site improvements include street paving, dry utilities, and grading the northern half of the tract, which is currently undeveloped. The new developer has submitted replacement bonds to secure the remaining improvements. Staff has received no public requests regarding completion of these on -site improvements; therefore, the Assignment and Assumption Agreement is recommended for approval. "m ALTERNATIVES Click here to return to Agenda Council may direct staff to revise the agreement or reject the agreement. Since this would unnecessarily slow completion of the development and remaining improvements, 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. Subdivision Improvement Agreement 2. Assignment and Assumption Agreement 3. Vicinity Map "n Click here to return to Agenda CITY OF LA QUINCA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31910 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this X Zff �a day of ���2+6c' -- ----- 20 by and between LA QUINTA 57 ESTATES, INC. a CALIFORNIA CORPORATION hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 31910 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Securit . A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security,„ shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. TAOsveiopment Services ❑i%islonTevelopmant Proted5LA0reeMsnts15lANS1A5 m Progress%Capistrano TM algl Bond ReduceM0K$1T5_S1A doc 1 of T 119 Click here to return to Agenda B. Improvement security shall conform to Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the Califomia Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty T 4Devslopment Semces DiAslontDevelopment ProleclstiAgreementskSIANSIAs in Progress%Cap=strand TM 319145Bond Reduced\ONSITE_SIA doc 2 Of 7 120 Click here to return to Agenda security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.13., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty T lt7evelopmenl Services DVyistonlDevelopment Prolects4AgreementslSIANSIAs m ProgressSCapistmno TM 31giolBond ReduceMON51TE S[A doc 3 of 7 121 Click here to return to Agenda security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. S. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. Com letion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Mature. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. S. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. TADevelopment Semces DivisionTsvelopment ProlectMAgreementslSIMSIAs in ProgressSCapistram TM 3iglMond ReduceMONSITE_SIA.doc 4 o= 7 122 Click here to return to Agenda Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials fumished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider falls to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. T Mevelopment Sernces DmsionlDeveloprnent ProjectslAgreementslSIA1SIAs m Progress%Cap*trano TM 3191DMond Roduced1oNSITE SIA.doc 507 123 Click here to return to Agenda C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 7601777-7075 Thomas P. Genovese City Manager er Date A City Clerk = Principal Address LA QUINTA 57 ESTATES, INC. 78-401 HWY 111 STE G LA QUINTA, CA 92.,253 (760) 777-9920 X N By:_ Title: By: Title: /_'r/l (__ - __Z'Z Date Date 9Revi wed an Approved: City ngin Date Ap roved as to Fo Ity Attorney UDate T %Development Services DivisionlDevelopment ProtecWAgreements\SIA%SIAs in Progress%Capistrano TM 319105Bond Redueed%ONSITE_SIA doe 6 of 7 124 Click here to return to Agenda Exhibit A ON -SITE SECURITY —TRACT MAP NO, 31910 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and small be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading (Rough Grading Bond $ 286,226 Posted) $ - Street $ 797,543 $ - Domestic Water $ 69,785 $ - Storm Drain $ 46,648 $ - Dry Utilities $ 362,970 $ - Sewer $ 59,469 $ - Monumentation $ 20,000 $ - Totals $ 1,642,641 $ - Standard 10% Contingency $ 164,264 $ - Total Construction Cost $ 1,806,905 $ - Professional Fees, Design 10% $ 180,691 $ - Professional Fees, Const 10% $ 180.691 $ - Bond Amount $ 2,168,286 $ - T %Development Services DimionlDevelopment ProlectSLAgreementsOA1SIAs in ProgresslCapistrano TM 31910$ond ReducecAONSITE_SIA doc 7of7 125 Click here to return to Agenda ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } COUNTY OF RIVERSIDE } ss. On September 18, 2006 before me, IRIS R. MORA, a NOTARY PUBLIC personally appeared JOHN R. PEDALINO, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the persons acted, executed the instrument. 90 R. MORA COMM118*1n 0 145U12 WITNESS my hand and official seal. *' Wfty PibkCORMW Signature O UMENT PROVIOEO 9Y 5TEWART TITLE OF"LIFORNIA, IW NOTARYI DD 126 Click here to return to Agenda ASSIGNMENT AND ASSUMPTION AGREEMENT AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO.31910 ON -SITE IMPROVEMENTS This ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT ("Assignment & Amendment") is made and entered into as of the day of , 20 , by and among the CITY OF LA QUINTA, a municipal corporation of the State of California ("City"), La Quinta 57 Estates, Inc., a California corporation ("Assignor"), and Capistrano Lots, LP, a California limited partnership ("Assignee"). RECITALS A. City and Assignor entered into that certain Subdivision Improvement Agreement, dated December 6, 2006 ("SIA"), pursuant to which Assignor, as the "Subdivider" defined in the SIA, agreed to plan for, install, and construct certain public and/or private improvements on Tract No. 31910 ("Tract"), as more fully described in Exhibit "A" of the SIA ("Improvements"). B. Assignor desires to assign the SIA, and all of Assignor's rights and obligations thereunder, to Assignee and Assignee desire to assume Assignor's position with respect to the SIA and of Assignor's rights and obligations under the SIA subject to the terms of this Assignment & Amendment. C. In connection with the foregoing described assignment and assumption, the City and Assignee have agreed to certain modifications to the SIA as set forth herein to be effective upon full execution of this Assignment & Amendment by all the parties hereto. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Assignment and Assumption. Assignor hereby transfers and assigns to Assignee all of the Assignor's rights, title, and interest in and to, and obligations under, the SIA, and Assignee hereby assumes all rights, title, and interest in and to, and obligations under, the SIA. City hereby consents to the foregoing assignment and assumption. F220 127 Click here to return to Agenda 2. Replacement of Improvement Security. Pursuant to the SIA, Assignor has furnished the City security for the Improvements in the form of: (a) Faithful Performance Bond in the amount of $1,254,277 for the following improvements: ON -SITE IMPROVEMENTS Performance Security Improvement Description Original Amount 1st Partial Reduction (Percent) 1st Partial Reduction Amount Grading $286,226 75% $71,557 Street $797,543 20% $638,034 Domestic Water $69,785 70% $20,936 Storm Drain $46,648 70% $13,994 Dry Utilities $362,970 70% $108,891 Sewer $59,469 70% $17,841 Monumentation $20,000 0% $20,000 Standard 10% Contingency $164,264 0% $164,264 Professional Fees, Design 10% $180,691 90% $18,069 Professional Fees, Construction 10% $180,691 0% $180,691 TOTAL $2,168,287 $1,254,277 For purposes of this Assignment & Assumption, such security in the aggregate shall be hereinafter referred to as "Improvement Security." Assignee hereby warrants that within five (5) days of this executed Assignment and Amendment, it shall replace Assignor's Improvement Security with security of its own in an amount equal to the Improvement Security, unless the City otherwise determines at its discretion and in writing that such security can be issued at a lesser amount. Assignee's security shall be in full compliance with the terms and conditions stated in the SIA for such security. The City agrees that upon receipt of evidence that Assignee has obtained such new security in a form satisfactory to the City, the City shall release Assignor's Improvement Security. 3. Solvency. As a material inducement to the City to enter into the Assignment & Assumption, Assignee hereby represents and warrants to City, and City hereby relies on Assignee's representation and warranty, that Assignee is solvent and has the financial capability of fulfilling each and every obligation and duty it takes on by way of the Assignment & Assumption. 4. Incorporation of SIA Provisions. The SIA, and each provision therein, unless otherwise modified in writing, is incorporated in this Assignment & Amendment in its entirety and Assignee agrees and warrants that it assumes and is bound by each obligation found in the SIA in the same manner as Assignor prior to this assignment. F220 -2- 128 Click here to return to Agenda IN WITNESS WHEREOF, the parties hereto have executed this Assignment & Amendment on day of , 20_ CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7075 FRANK J. SPEVACEK Date City Manager, City of La Quinta ATTEST: SUSAN MAYSELS City Clerk, City of La Quinta ASSIGNOR: La Quinta 57 Estates, Inc., a California corporation 78401 Highway 111, Suite X La Quinta, CA 92253 John . ec alincs Its: President Its: ASSIGNEE: Capistrano Lots, LP, a California limited partnership 940 Emmett Avenue, Suite 200 Belmont, CA 94002 By: VPI 2004, Inc., a California corporation Its: General Partner /A 9,7 3 r- y Its• V P�' AA- Its: F220 -3- 129 Click here to return to Agenda 130 TM 31910 CAPISTRANO ni w 0: AVF- 53 z COWTV OF U MVERSIDE AVE_5.4 z 0 0jr/i 0 le Z[ Ln 0 AVE. 55 MW BLVD.) PROJECT SITE VICINITY MAP NOT TO SCALE 131 Click here to return to Agenda 132 ClickFereto,,fALT,Rffl atMRJO. City of La Quinta CITY COUNCIL MEETING: October 6, 2015 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO EXTEND TIME TO COMPLETE OFF -SITE AND ON - SITE IMPROVEMENTS FOR SIGNATURE RESIDENTAL DEVELOPEMENT, LOCATED WITHIN PGA WEST DEVELOPMENT ON PGA BOULEVARD RECOMMENDATION Adopt a resolution to extend the time to complete off -site and on -site improvements as specified in the approved Subdivision Improvement Agreements for Tract Map No. 36537- 1, the Signature, to July 1, 2016. XECUTIVE SUMMARY • The Signature developer, RREF II-CWC LaQ, LLC, has requested a time extension for the Subdivision Improvement Agreements to complete the off -site and on -site improvements. • Sufficient bonding exists to ensure the completion of all developer obligations and there have been no public requests for completion of the off -site and on -site improvements. FISCAL IMPACT None. Bonds of sufficient value are currently in place to secure the incomplete improvements. BACKGROUND/ANALYSIS On July 15, 2014, City Council approved Tract Map No. 36537-1 for the Signature residential development, located within the PGA West development, bounded on the north and east by the PGA West Stadium Course and clubhouse, and on the south and west by PGA Boulevard (Attachment 1). The remaining off -site improvements include completing the turn lane on PGA Boulevard into the project entrance and closing the temporary construction access, which will occur when the project is finished. The remaining on -site storm drain, street, dry utilities and water and sewer improvements are anticipated to be complete by November 2015. The on -site monumentation and landscaping will be completed on a phase -by -phase basis as houses are built. On August 21, 2015, the developer requested a time extension to July 1, 2016 to complete the remaining improvements (Attachment 2). Staff has not received any 133 Cli here to return to Agen a requests to complete the off -site and on -site improvements and there ore recommends approval of the time extension. I_1It19aJ_1I kyjW, Council may opt not to grant the time extension and require the developer to complete the improvements now. However, since this would unnecessarily burden the developer, no alternative is 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 Liz Belloso 134 Click here to return to Agenda RESOLUTION NO. 2015 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING EXTENSIONS OF TIME TO JULY 11 2016 FOR THE COMPLETION OF THE OFF -SITE AND ON -SITE IMPROVEMENTS AS SPECIFIED IN THE SUBDIVISION IMPROVEMENT AGREEMENTS FOR TRACT MAP NO. 36537-1, THE SIGNATURE WHEREAS, the City Council approved the Subdivision Improvement Agreements (SIA) for Tract Map No. 36537-1, the Signature, on July 15, 2014; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the developer begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreements; and WHEREAS, failure by the developer to complete construction of the off -site and on -site improvements by July 15, 2015 shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreements; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The time for the completion of the off -site and on -site improvements as required by the approved SIA is extended to July 1, 2016. SECTION 2. The time extensions for completing the off -site and on -site improvements shall expire when City offices close for regular business on July 1, 2016 if the installation of the off -site and on -site improvements has not been completed. SECTION 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. SECTION 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. 135 Click here to return to Agenda Resolution No. 2015- Tract Map No. 36537-1 Adopted: October 6, 2015 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 6th 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 136 Click here to return to Agenda ATTACHMENT 1 TM 36537-1 SIGNATURE CD PROJECT SITE I AVENUE 52 AVENUE 53 AVENUE 54 AIRPORT Ln BOULEVARD WEISKOPF AVENUE 58 VICINITY MAP NOT TO SCALE 137 Click here to return to Agenda Ca.]iforniaWest. (; O 1N1 1v1 11 N I' I' I 15 August 21, 2015 Tim Jonasson, PE Public Works Director/City Engineer CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, CA 92253-1504 Re: Signature at PGA WEST Tract 36537-1 Onsite and Offsite Subdivision Improvement Agreements Request for Extension of Time to Complete Improvements Dear Mr. Jonasson, This is to request a one-year extension of time until July 1, 2016, to complete Tract 36537-1 onsitc and offsite inlprovcments. Onsite: Storm drain, sewer and water are approximately 95% complete, with completion scheduled on or before October 15, 2015. Dry utilities are approximately 75% complete, with completion SCIICCILIICCI On Or before October 30, 2015. Streets are approximately 75% complete, with completion scheduled on or before November 30, 2015. We anticipate requesting a reduction in the bond amount for these improvements near year end. Monumentation and landscaping will be completed on a phase by phase basis as we build through the project. Offsite: The turn lane in PGA Boulevard at Signature Way and improvements at the rOLind-about at the secondary exit from the project are approximately 90% complete, with completion scheduled on or belore September 30, 2015. We anticipate requesting a reduction in the bond amount for these urlprovements near year end. Closure of the temporary construction access will be completed at the cud of the project. Please feel free to contact. ine in the office at 760-918-2839, on my cell at 760-710-9912 or by email at lbelloso@catiforniativestcalnmunities.coni if there is anything else you need to consider our request. Sillq�rely, I JZ i ..(-"lloso Forward Planning and Land Development Manager L: Anly Yu — City of La Quinta 5927 Priestly Drive, Swre 110, Carlsbad) (;;\ 92009 (760) 918-6768 138 Clic�c�ereo re�uAnTo AgeRaaEM N0. City of La Quinta CITY COUNCIL MEETING: October 6, 2015 STAFF REPORT AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR PERMIT OPERATIONS SUPERVISOR AND EXECUTIVE ASSISTANT TO ATTEND THE SUNGUARD PUBLIC SECTOR 2015 ANNUAL TRAKIT USER CONFERENCE IN SAN DIEGO, CALIFORNIA, OCTOBER 21-23, 2015 RECOMMENDATION Authorize overnight travel for the Permit Operations Supervisor and Executive Assistant to attend the Sunguard Public Sector 2015 Annual TRAKiT User Conference, in San Diego, California, October 21 through 23, 2015. EXECUTIVE SUMMARY • Sunguard Public Sector ("Sunguard") established the City's permit tracking software system TRAKiT. • Sunguard's annual conference offers tools and information on the most current technological advances of the TRAKiT software. FISCAL IMPACT Estimated expenses are $1,200 total, which includes travel, lodging, parking and meals. Funds are available in the Community Development Department's 2015/16 budget. BACKGROUND/ANALYSIS The conference curriculum will include: • Mobile applications allowing citizens to access TRAKiT information. • Electronic plan review - advantages of electronic plan review, time efficiency, eco- friendly cost -saving measures, and program customization. • Enhancements and functionality of eTRAKiT, which is the online citizen and contractor module of the software. Community Development staff will have an opportunity to establish contacts and stay abreast of technological improvements by attending this conference. ALTERNATIVES As this professional development opportunity will benefit City service delivery, no alternatives are recommended. Report prepared by: Monika Radeva, Executive Assistant Report approved for submission by: Edie Hylton, Interim Community Development Director `MIJ Click here to return to Agenda 140 Clic�c�ereo re�uAnTo AgeRaaEM N0. City of La Quinta CITY COUNCIL MEETING: October 6, 2015 STAFF REPORT AGENDA TITLE; AUTHORIZE OVERNIGHT TRAVEL FOR ONE PERMIT TECHNICIAN TO ATTEND THE CALIFORNIA BUILDING OFFICIALS TRAINING INSTITUTE 2015 EDUCATION WEEK ON OCTOBER 26-27, 2015 IN ONTARIO, CALIFORNIA RECOMMENDATION Authorize overnight travel for one Permit Technician to attend the California Building Officials Training Institute Education Week on October 26-27, 2015, in Ontario, California. EXECUTIVE SUMMARY • The California Building Officials' Annual Education Week offers data and information regarding building code changes and amendments. • The training will provide staff with essential information in the areas of code administration and history, legal aspects, customer service, and basic plan review. FISCAL IMPACT Estimated expenses are $750, which includes registration, travel, lodging, parking and meals. Funds are available in the Community Development Department's 2015/16 budget. BACKGROUND/ANALYSIS California Building Officials Education Week's curriculum this year is geared toward improving and expanding knowledge of the entire development process; information will be provided on basic plan review, inspection process, zoning requirements, permit fee calculations, occupancy and construction types, egress, and dealing with difficult customers. ALTERNATIVES The Council could elect to not authorize this travel. However, this professional development opportunity would benefit City service delivery. Report prepared by: Monika Radeva, Executive Assistant Report approved for submission by: Frank Spevacek, City Manager in Click here to return to Agenda WIN ClickFereto,,fALT,Rffl atMRJO. City of La Quinta CITY COUNCIL MEETING: October 6, 2015 STAFF REPORT AGENDA TITLE: APPROVE SETTLEMENT AGREEMENT BETWEEN CITY OF LA QUINTA AND DEVELOPERS SURETY AND INDEMNITY COMPANY RELATED TO SUBDIVISION IMPROVEMENT AGREEMENT FOR TRADITION CLUB SUBDIVISION RECOMMENDATION Approve a Settlement Agreement between the City of La Quinta and Developers Surety and Indemnity Company, and authorize the City Manager to execute the agreement on behalf of the City. EXECUTIVE SUMMARY • In February 2008, Tradition Club Associates, LLC, the developer of a custom lot in The Tradition, entered into a Subdivision Improvement Agreement (SIA) to construct on -site and off -site improvements in connection with Parcel Map No. 32891 (Attachment 1). • The City granted the developer numerous extensions to the SIA to complete unfinished improvements, which remain incomplete. • On March 2, 2015, the City placed the developer in default of the SIA and on June 1, 2015, terminated the SIA and demanded construction of the improvements. • After initially contesting the City's action, the developer's bonding company, Developers Surety and Indemnity Company (DSI), agreed to settle the matter by granting the City $50,000 to fund the unfinished improvements. FISCAL IMPACT The City will receive $50,000 that must be used for on -site grading and drainage improvements as well as off -site water and sewer connections. Virtually all of these improvements have been completed and $50,000 will fund any remaining costs. BACKGROUND/ANALYSTS DSI guaranteed, by payment and performance bonds, the installation of certain improvements subject to a SIA between Tradition Club Associates, LLC ("Tradition") and the City, dated February 18, 2008, regarding Parcel Map No. 32891. After granting numerous extensions, on June 1, 2015, the City Attorney's Office notified Tradition and DSI that the SIA had been terminated, thereby commencing the process for calling the bonds. 143 Click here to returq to Ag da DSI contested the City's claim that it owed the City for Tradition's failure to comptete die improvements, but DSI nonetheless proposed to settle the matter by paying $50,000 to the City in exchange for full exoneration of the bonds. No lawsuit has been filed, and the parties' acceptance of the settlement releases claims and litigation related to the improvements specified in the SIA (but does not release claims related to a violation of the settlement agreement). The City Attorney's Office and DSI counsel have agreed upon the form of the Settlement Agreement (Attachment 2). DSI has executed it. If the City Council approves the Settlement Agreement, DSI is required to pay the City $50,000, and the City is required to declare the contested bonds fully exonerated. The Agreement will fully and final settle this matter. ALTERNATIVES Since the surety has agreed to the City's terms for settling this matter, no alternatives are recommended. Report prepared by: William Ihrke, Rutan & Tucker, LLP, City Attorney Report approved by: Timothy R. Jonasson, P.E., Public Works Director/City Engineer Attachments 1. Vicinity Map 2. Settlement Agreement 144 Click herA IetU"#MF-NT 1 PM 32891 TRADITION r__� C I l t l l l I I I I Jy/ I I I I VICINITY MAP 145 Click here to return to Agenda 146 Click herA IetU"#MF—NT 2 SETTLEMENT AGREEMENT This Settlement Agreement ("Settlement Agreement") is made as of this 3rd day of September, 2015, by and between City of La Quinta ("City") and Developers Surety and Indemnity Company ("DSI") effective upon the last date it is executed by both City and DSI (collectively the "Parties"). RECITALS 1. On or about February 28, 2008, Tradition Club Associates, LLC ("Subdivider") entered into a Subdivision Improvement Agreement with City pertaining to Tract 32891 located in the City of La Quinta, California ("Agreement"). Under the Agreement, Subdivider agreed to construct, install and complete certain offsite improvements within twelve (12) months of the date on which the Agreement was approved. 2. On or about January 18, 2008, pursuant to the requirements of the Agreement and California Government Code §§66499, et seq., Subdivider, as principal, and DSI as surety, executed a subdivision improvement faithful performance bond and a subdivision labor and material bond naming City as obligee, each designated by the number 7274935. (Said bonds shall hereafter be collectively referred to as the "Bonds.") 3. In or about March 2008, City notified DSI that the Labor and Material Bond No. 727493S was no longer required under the City's regulations. 4. Subdivider did not complete the improvements by the original deadline of February 18, 2009. In August 2009, Subdivider submitted the first of several requests for an extension of time to complete the improvements. 5. On March 2, 2015, City issued a Notice of Default of Subdivision Improvement Agreement (SM) to Subdivider and DSI premised upon the expiration of deadline to complete the improvements which had last been extended to November 1, 2012. City made demand for Subdivider to complete the improvements within sixty (60) days. 6. On June 1, 2015, City issued a Termination of Subdivision Improvement Agreement for Tract No. 32891 With the City of La Quinta. City made demand for DSI to arrange for completion of the improvements. DSI disputes that it has any obligation to City under the Bonds. 8. A dispute arose between City and DSI regarding DSI's obligations, under the Bonds as well as under the Agreement, whose terms the Bonds secured. 9. Though City and DSI have a disagreement over whether DSI has any obligations under the Agreement and the Bonds, and the obligations DSI claims City owes to DSI, it is the desire of City and DSI to resolve their respective disputes relating to the claimed obligations under the said contracts and to resolve all issues relative to the Agreement and the Bonds. 61083527.1 147 Click here to return to Agenda NOW, THEREFORE, in consideration of the above RECITALS, and in consideration of the mutual promises, covenants, and obligations set forth in this Settlement Agreement, and for good and valuable consideration as stated herein the Parties agree as follows: AGREEMENTS A. RECITALS. Each of the recitals contained in paragraphs 1-9 above, is true and correct and is expressly incorporated herein by reference. B. DSI Disbursement. Within ten (10) business days of the execution of this Settlement Agreement by City and DSI, DSI agrees to pay to City the total sum of Fifty Thousand Dollars and 00/100 ($50,000.00). DST's agreement to make the foregoing payment is conditioned upon the provisions of this Settlement Agreement and City's agreement to accept this payment as full and final satisfaction of any and all obligations owed or alleged to be owed to City under the Agreement and the Bonds. DSI's obligation to release payment shall be triggered by City's tender of the Settlement Agreement containing the necessary signatures to bind City to its terms. C. Release, Discharge and Exoneration of Bonds. Upon receipt of and successful negotiation ofDSI's Fifty Thousand Dollars and 00/100 ($50,000.00) payment required by Paragraph B, above, DST's obligations under the Agreement and the Bonds, are released, discharged and extinguished. Receipt of the payment shall constitute a full exoneration of the Bonds as well as a full and complete release, by all Parties, of any and all known or unknown claims, demands, causes of action, losses, or damages in any way related to the Agreements and the Bonds ("Released Claims), excepting only DSI's contractual and legal rights as against Tradition Club Associates, LLC and its personal guarantors. D. Waiver of Unknown Claims and Rights and Protections Afforded By California Civil Code §1.542. In connection with the Released Claims, the Parties waive all rights and benefits and protections under Section 1542 of the California Civil Code, as well as under any other statutes, legal decisions or common law principles of similar effect to the extent that such rights, benefits or protections may contravene the provisions of this Settlement Agreement. Section 1542 of the California Civil Code states: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor. The Parties acknowledge (a) that they are aware that they may subsequently discover facts in addition to or different from those they now know or believe to exist with respect to the matters covered by this Settlement Agreement; and (b) that such different or additional facts, if they exist, may have given or may subsequently give rise to causes of action, claims, demands, controversies, damages, losses, costs, and expenses that are presently unknown, unanticipated, and/or suspected. The Parties hereby affirm that the releases contained in this Settlement Agreement shall remain in effect and shall be binding notwithstanding the discovery or existence 2 61063527.1 148 Click here to return to Agenda of any additional or different facts. E. Representation Re Assignment of Claims. City represents that it has full authority to enter into this Settlement Agreement and further represents that City has not heretofor assigned, pledged, or hypothecated, or purported to assign, transfer pledge or hypothecate, to any person entity, or individual, any right, title or interest it may have under the Agreement or the Bonds. F. Non -Admission. This Settlement Agreement represents a compromise of claims and shall not be construed as an admission by the Parties of any liability or of any contention or allegation made by the other party. G. Costs and Expenses of Dispute and Action. The Parties shall each bear their own costs, expenses and attorneys' fees incurred in connection with the dispute relative to the rights and obligations under Agreement, the Bonds as well as the negotiations, drafting and consummation of this Settlement Agreement, H. Successors and Assigns. This Settlement Agreement, and the releases contained or referred to herein, shall bind and inure to the benefit of the principals, agents, representatives, successors, heirs and assigns of the parties hereto. I. Entire Integrated Agreement.. This Settlement Agreement constitutes the whole, integrated understanding, discussions and agreements by and between City and DSI. The terms and provisions of this Settlement Agreement are contractual and not mere recitals. City and DSI acknowledge that there have been no oral, written or other agreements of any kind as a condition precedent to or to induce the execution and delivery of this Settlement Agreement. Any written or oral discussions conducted prior to the effective date of this Settlement Agreement shall not in any way vary or alter the terms of this Settlement Agreement. This Settlement Agreement shall not be changed, amended or altered in any way except in writing executed by both City and DSI. J. Voluntary Agreement with Advice of Counsel. City and DSI have entered into this Settlement Agreement freely and voluntarily and after having consulted with counsel and having had all of the terms hereof explained to them by their respective counsel and with the understanding that this is a full and final compromise, release, and settlement of the matters set forth herein. The parties appreciate and understand the terms hereof and are fully satisfied with the settlement set forth herein. K. No Third Party Beneficiary. This Settlement Agreement is for the sole benefit of City and DSI and confers no rights, benefits or cause of action in favor of any third parties or entities. L. Construction. It is understood and agreed by City and DSI that this Settlement Agreement shall be construed without regard to any presumption or other rule requiring construction against the party causing this Settlement Agreement to be drafted. City and DSI agree that this Settlement Agreement was jointly drafted by the Parties and their respective counsel. 3 61083527.1 149 Click here to return to Agenda M. Enforcement of Settlement; Attorneys' Fees and Costs. In the event it is necessary for either City or DSI to initiate a proceeding to enforce any term or condition of this Settlement Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs incurred. N. Execution and Counterparts. This Settlement Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. In making proof of this Settlement Agreement, it shall not be necessary to produce or account for more than a single counterpart containing the respective signatures of each of the Parties. The Parties are entitled to rely upon a facsimile or electronic signature of the other Parties to this Agreement upon receipt by facsimile transmission via telecopier or electronic mail. O. Governing Law. This Settlement Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. P. Authorization to Enter into Settlement. City and DSI expressly represent that by affixing their respective signatures hereto; each is authorized to execute this Settlement Agreement. Q. Captions. Any captions to the paragraphs or subparagraphs of this Settlement Agreement are solely for the convenience of the Parties, are not a part of this Settlement Agreement, and shall not be used for interpretation or determination of the validity of this Settlement Agreement or any provision thereof. R. Further Assurances. Each party to this Settlement Agreement shall execute all instruments and documents and take all action as may be reasonably required to effectuate this Settlement Agreement. S. Venue and Jurisdiction. For purposes of venue and jurisdiction, this Settlement Agreement shall be deemed made and to be performed in the County of Riverside, California. T. Time of Essence. Time is of the essence with respect to each provision of this Settlement Agreement. U. Modification. This Settlement Agreement may be modified only by a contract in writing executed by both Parties to this Settlement Agreement. V. Interpretation. Whenever the context so requires in this Settlement Agreement, all words used in the singular shall be construed to have been used in the plural (and vice versa), each gender shall be construed to include any other genders, and the word "person" shall be construed to include a natural person, a corporation, a firm, a joint venture, a trust, an estate, or any other entity. W. Partial Invalidity. Each provision of this Settlement Agreement shall be valid and enforceable to the fullest extent permitted by law. If any provision of this Settlement Agreement or the application of such provision to any person or circumstance is, to any extent, 4 61083527.E 150 Click here to return to Agenda deemed to be invalid or unenforceable. the remainder- of this Settlement Agreement, or the application ofsuch provision to persons or circumstances other, than these to which it is held invalid or unenrorccable, shall riot be affected bs such invalidity or unenit>rceability, unless such provision or such application of'suclr provision is essential to this Settlement Agreement. X. Confidentiality. The provisions of this Settlement Agreement shall be kept strictly confidential by the Parties to the maximum extent permitted by law. Notwithstanding the foregoing, the Parties are iree to disclose the terms oi'this Settlement A<-reement to their management personnel. attornev(s), accountant(s) or DST's regulators. This prohibition shall not apply, however, to a Party if (a) diSClo5lrre b% that Party is necessary to enforce any portion of this Settlement Agreement, or is required by hm, regulation.. or order of a court of competent _jurisdiction, provided that written notice of disclosure is given to the other Party at least Fifteen (1 5) days prior to disclosure or at the disclosing Party's earliest opportunity, wvlrichc�rer is less, or (b) disclosure, and the scope of that disclosure. is €11crtually agreed upon by the Parties in writing. In witness whereof: the parties have executed this Settlement Agreement on the dates indicated below, to be effective as provided hercinabove. CITY OF LA QUINTA Dated: Signature: By: Frank Spevacek, City Mana(yer DEVELOPERS SURETY AND INDEMNITY COMPANY Dated: ��d��/,tr By: Susan M. Moore, Senior- Vice President Approved as to form: Rutan & Tucker. 1-1-1' William H. lhrke. Esq. Attorneys for City of La Quinta Robins Kaplan LL.P Laura P. Nash, Esq. Attorneys for Developers Surety and Indemnity Company b € Us ±527 I 196 Click here to return to Agenda 152 Click here t�Ye,&StoOAgenda N0. 1 City of La Quinta CITY COUNCIL MEETING: October 6, 2015 STAFF REPORT AGENDA TITLE: INTERVIEWS WITH LOBBYIST SERVICES FIRMS RECOMMENDATION Provide direction to staff regarding retention of a lobbyist services firm. EXECUTIVE SUMMARY The City issued a Request for Proposals (RFP) in August 2015 to identify the services and a firm that would enhance the City's legislative program. Seven firms submitted proposals and a staff committee recommends three firms for City Council interviews. Representatives of Capitol Strategies Group, Joe A. Gonsalves & Son, and Townsend Public Affairs will be interviewed. The final Council decision will be slated for either October 20 or November 3, 2015. FISCAL IMPACT - None. BACKGROUND/ANALYSIS During the past three years City staff, through the City's guiding legislative principles, has 1) responded to legislation aimed at limiting charter authority, 2) attended to redevelopment dissolution, which continues to require constant attention, and 3) actively engaged in legislative initiatives resulting from new mandates from the Governor. The City is now exploring lobbyist services to assist in this quest to stay ahead of pending legislation and ensure the City's voice is heard. Through an RFP process, staff sought to identify a strategic partner that would bolster legislative efforts, identify trends in the legislative arena, and assist the City in crafting a larger strategy to advance the City's guiding legislative principles. Those principles are: Enhance local authority Sustain fiscal responsibility Foster economic development Promote health and wellness Support Public Safety Encourage preservation of the environment The proposals of the three recommended firms are presented in Attachment 1. Staff conducted reference checks (Attachment 2) and compiled a chart that compares the 153 services these firms offer with the legislative activities conducted by tie �ryt�d�E�ac�ii�ent 3). Based upon the proposals and reference checks, all three firms are qualified, have the required state registration, maintain compliance with state requirements, and are highly recommended. In addition to providing strategic and tactical guidance on legislative matters, the firms plan legislative trips, draft legislative support correspondence, distribute regular reports, and rapidly respond to requests and needs. Capitol Strategies Group - In business for 34 years; focuses on State efforts but does sub -contract with other firms if federal level work is needed. They have a diverse set of private clients, one city and the Ontario International Airport Authority. The firm's president is a resident of La Quinta. Joe A. Gonsalves & Son - In business for 38 years; focuses on State efforts. The principals have longstanding relationships with lawmakers at the federal level. They represent 59 cities and have performed extensive work on redevelopment dissolution matters for their client agencies. The firm has also assisted in securing millions in grant funding for their public clients. Townsend Public Affairs - In business for 17 years; provides state and federal level services. Their team's expertise includes transportation, economic development, and redevelopment dissolution matters. The firm represents 33 cities, and has secured millions in grant funding for clients. Staff will provide Council with a list of standard questions to ask each firm. The firms will draw straws to determine the interview order. Each will provide an overview; introduce their team, and summarize how their services would benefit the City. ALTERNATIVES None - this study session item is for interviews only, as requested by Council. Report prepared by: Chris Escobedo, Assistant to City Manager Report approved by: Frank J. Spevacek, City Manager Attachments: 1. Proposals 2. Reference and Evaluation Materials 3. Comparison Chart 154 l I��Ilil ��III�I�I CAPITOL STRATEGIES G RO U P GOVLRNMn NT AFFAIRS August 18, 2015 City of La Quinta City Manager's Department Attn: Doug Kinley 78495 Calle Tampico La Quinta, CA 92253 Subject: RFP - Lobbyist Services Dear Mr. Kinley: Click here to return to Agenda Capitol Strategies Group, Inc. is pleased to submit a response to the City of La Quinta's request for proposals for lobbying services. Our firm's address is 1215 K Street, Suite 1500, Sacramento, CA 95814 and is our primary location for all business activities related to governmental relations. Our team members are located in our office and when necessary travel to our client location as required. Within the proposal is all the information and pricing you will need to consider and is valid for 120 days from the date of submission. Should you need additional time to determine the qualification of all bidders, please let us know. Sincere y, I ennis L. Lope President and CEO Capitol Strategies Group, Inc. (916) 446-7843 dloper@lobbyeal.com Enclosures 1215 K Street • Suite 1500 • Sacramento, C,hfornia 95814 • Phone: (916) 446-7843 • Fax: (916) 442-F961 • w. w.capitai. trategIsgroup.com 155 Click here to return to Agenda A. Cover letter See cover letter above which includes the information requested on A 1) to A 5), B. Background on the firm and its experience: 1) Number of years in business Capitol Strategies Group, Inc. was formerly known as Wendt -Loper Governmental Relations, Inc. and was established in 1980. After my former business partner retired, the firm changed its name in 1997 to Capitol Strategies Group, Inc. Capitol Strategies Group has been in business and located near the State Capitol building for 34 years. 2) Taxpayer 'identification number. 94-2704473 3) Resumes of project manager and key personnel who will be responsible for performance of any contract resulting from the RFP. I (Dennis Loper) and Marvin Pineda will be the project managers responsible for the performance of a contract resulting from the City of La Quinta's request for proposals for lobbying services. However, I believe strongly that having all of the members of our firm (See ATTACHMENT 1 for resumes) engaged will allow us to deliver superior services. Each lobbyist brings a distinct style, approach, and set of contacts. See below for Dennis Loper's and Marvin Pineda's biographies. Dennis L. Loper, President of Capitol Strategies Group Dennis Loper has been a lobbyist since 1971 and brings his experience and expertise into every negotiation, every committee room, and every opportunity to represent the client. Mr. Loper resides in La Quinta and keeps a condominium in Sacramento. He is a leader in political strategy and is well respected for his aggressive pursuit of the client's interests, both in long-term goals and the immediate win. Whether the issues have been procurement of million -dollar state contracts, energy deregulation, alcohol regulation or telecommunications, Mr. Loper has provided leadership, political savvy, and follow-through for clients, that not only leads to the best result but fosters better relationships in the process. 2 156 Click here to return to Agenda In 1977, Mr. Loper was appointed as executive director of the California Distributors Association, a position he still holds today. CDA members are wholesale grocers who provide distribution service to convenience stores, independent grocers, and small supermarket chains. As the association's legislative advocate, he has state and federal responsibilities. Mr. Loper provides top-notch consulting service to his clients resulting in many long-standing relationships. For example, the California Distributors Association and the Hershey Company have been with us since the firm's inception. Marvin F. Pineda, Esq., Lobbyist Mr. Pineda's experience spans over a decade in and around the California Capitol. Prior to joining Capitol Strategies Group, Mr. Pineda served in both houses of the Legislature and worked for one of California's premier trade associations. During this time, he was instrumental in enacting healthcare, water, and workforce legislation. Most recently, Mr. Pineda worked as Legislative Director at the California State Assembly where he counseled Assemblymember Rudy Salas on a diverse array of policy issues including energy, agriculture, transportation, water, and Latino Caucus priorities. Previously, Mr. Pineda worked for the California Medical Association's (CMA) legal department where he was a registered lobbyist. At CMA, he counseled lobbyists on healthcare legislation affecting physicians. He also advised physicians on healthcare law and counseled the Association's bylaws committee on corporate governance. He identified procurement opportunities and led applications to different State and Federal Departments. Mr. Pineda has previously served as staff in the California State Senate and clerked for the legal department of a leading national insurance company. Upon receiving his B.A. from University of California, Riverside, Mr. Pineda was selected for the California Latino Legislative Caucus Institute for Public Policy Richard Polanco Fellowship. As a Polanco Fellow, he worked for the California State Treasurer and California State Senate. He holds a Juris Doctorate from University of California, Davis School of Law where he was awarded the Witkins Award (Top Grade) on Legislative Process. Mr. Pineda is a member of the California State Bar. 4) Firm ownership, and if incorporated, the state in which the firm is incorporated and the date of incorporation. I (Dennis Loper) am the President and owner of Capitol Strategies Group, Inc., which was incorporated as an S corporation in the State of California on December 4, 1980. 3 157 Click here to return to Agenda 5) If the firm is a subsidiary of a parent company, identify the parent company. Capitol Strategies Group, Inc. is not a subsidiary of a parent company. 6) Client List Abbott Alhambra, City of Appliance Recycling Center of America Association of California Life & Health Insurance Companies AXA Equitable Life Insurance Company California Beer & Beverage Distributors California Commerce Club California Distributors Association California Hospitals Association California State Outdoor Advertising Association CGI Technology and Solutions, Inc. District Hospital Leadership Forum Haliburton International Foods, Inc. HCC Life Insurance Company High Street Holdings, Inc. and affiliates Ortho Mattress and High Street Fabrication Insurance Auto Auction, Inc. Keenan & Associates Lilly USA, Inc. National Association of Optometrists and Opticians, Inc. Ontario International Airport Authority Selan Law Firm — A Professional Corporation Sempra Utilities — San Diego Gras & Electric SpaceX Sprint Corporation The Hershey Company Waste Connections, Inc. 7) Key examples of accomplishment for clients. I have managed the California Distributors Association for 34 years. The California Cigarette and Tobacco Products Licensing Act of 2003 AB 71 (Jerome Horton/ Chapter 890, Statutes of 2003) highlights an example of where perseverance and determination paid off. Although the legislation was initially opposed by the Department of Finance, Board of Equalization, Retailers, and Tobacco manufacturers, after three years, the bill was successfully carried by Assemblymember Jerome Horton. Through negotiations with stakeholders, we were able to craft a three-tier structure (similar to alcohol) in tobacco creating a licensing program to reduce tax evasion and the illegal sales of counterfeit cigarettes and other tobacco products. The League of Cities and the City of Los Angeles supported the bill because it increased revenue for local governments and respected local control. In the first eighteen months of 4 158 Click here to return to Agenda implementation, the program generated $120 million in revenue from a declining revenue source, without increasing taxes. The legislation has been recognized internationally. I have been invited on five separate occasions to present a white paper at international conferences on the success of AB 71. • In March of 2011, AT&T announced the proposed purchase of T-Mobile from Deutsche Telekom. After returning from an all -hands -on -deck meeting at Sprint headquarters, it was clear that California would need to play a major role in stopping the merger. My partners and I determined that with AT&T's long-standing participation in Sacramento that we needed to develop a different strategy to protect our client, Sprint. Our strategy was to encourage the California Public Utilities Commission (CPUC) to examine the merger and its impact on California consumers during public hearings. It was clear to our client that given the size of California's wireless marketplace, that the merger was not financially feasible should the CPUC move to implement merger specific restrictions in California. Further, we worked with the California Attorney General's office to encourage California to join with six other states and the Federal Department of Justice in the lawsuit to block the acquisition of T-Mobile by AT&T. Our client believes that the information from the CPUC hearings was a major impetus for the California Attorney General's decision to join the U.S. Department of Justice lawsuit seeking to block the merger. AT&T and T-Mobile's entire strategy was focused on generating broad based legislative support, when in fact the delegated authority for consumer protection resides with the CPUC and California Attorney General. In December 2011, AT&T dropped its bid to purchase T- Mobile. • The firm has represented Space Exploration Technologies Corp. (SpaceX) since 2013. SpaceX is the first private company to launch a rocket into orbit. In 2014, SpaceX sponsored AB 777 (Al Muratsuchi/ Chapter 12, Statutes of 2014) and the City of Hawthorne supported the proposal helping to ensure that it would be signed into law. AB 777 exempts tangible personal property that has space flight capacity from property tax. The legislation was supported by the City of Hawthorne because SpaceX is headquartered in Hawthorne and generates significant revenue while also providing employment opportunities to local residents. • The firm represents the National Association of Optometrists and Opticians, Inc. (NAOO). NAOO member companies represent in excess of 8,700 vision care centers nationwide, provide jobs for tens of thousands of employees, operate fabricating laboratories, and serve millions of vision care consumers annually in various stores, such as Target, Walmart, Sears, and Costco. In California, there are more than 600 vision care center locations with more than 1,800 doctors and support employees that serve more than two million Californians every year. This year NAOO is sponsoring AB 595 (Alejo), which updates California's optometry laws to permit the locations listed above to continue to operate and provide optometry services. The firm is also working on AB 684 (Alejo), which would create a one- year safe harbor so that state agencies are not forced to bring enforcement actions against 5 159 Click here to return to Agenda doctors who have elected to practice in these vision centers. AB 684 is the Senate Appropriations Committee and is expected to move to the senate floor in the coming weeks. • The firm has represented Ortho Mattress, Inc. (Ortho) since 2013. Ortho is a manufacturer and retailer of bedding products and mattresses. At more than 70 retail locations throughout Los Angeles and Southern California, Ortho offers customers access to national brands as well as factory direct lines. Our firm ensured that regulations issued by CalRecycle to implement SB 254 (Loni Hancock/Chapter 388, Statutes of 2013) and SB 1274 (Loni Hancock/ Chapter 371, Statutes of 2014) would not negatively impact Ortho. Finally, our firm assisted Ortho in responding to a competitive request for proposals for mattress recycling services. • We have represented CGI Technology and Solutions, Inc. since 2003, CGI is the 51h largest independent information technology and business process service company in the world serving federal, state and local governments. The firm has provided procurement services to CGI, which has resulted in the company receiving contracts from the California Board of Equalization, California Department of Transportation, Department of Social Services, Franchise Tax board, and State Controllers' Office. In the past two years, our firm worked to respond to a request for proposals from the California State Teachers' Retirement System (CaISTRS) which resulted in CGI obtaining a $121 million contract to configure and implement a new information technology system for the administration of teachers' benefits. S) Examples of reports submitted to private and City clients. The firm provides legislative reports to clients on a daily basis on legislation that has been introduced and amended (See ATTACHMENT 2). The attached report is one of many that have been provided to the City of Alhambra this year. The reports will identify economic development, services, housing, environmental, transportation, public safety, tourism, and hospitality related legislation. The firm will add policy areas of interest to the reports as identified by the City of La Quinta. Our firm attends The League of Cities' weekly meetings to ensure that our clients' interests are expressed at these meetings and to coordinate with other local governments and the League. The firm also provides various reports providing summaries of political elections and legislation summaries during different parts of the year (See ATTACHMENT 3). 9) Capacity to represent clients on both the State and Federal levels. For the past 35 years, clients from across the country including local governments, Fortune 500 companies, trade associations, non -profits, and small to mid -size businesses have turned to Capitol Strategies Group for counsel to solve highly complex policy issues. We firmly believe that the City of La Quinta deserves strategic planning, access, communication, creative problem solving and effective advocacy. A local government whose interests are affected by the California legislature and different state agencies need knowledgeable experts to help devise and execute a strategic plan to ensure success. 6 160 Click here to return to Agenda We know California, and the City of La Quinta because I am a resident in the community. The extent of our client base requires us to understand statewide political, policy, and legal developments as a whole which provides us context for effective action on behalf of the City of La Quinta. The firm will offer services to manage legislative and administrative activities — ranging from research, drafting, monitoring and consultation to direct and indirect lobbying to affect either enactment, amendment, or defeat of proposals. The firm also offers consulting, state contract procurement, relationship building, and crisis management services. The firm has advised, provided services to and appeared before current and past Governors and their administrations, every constitutional officer, the state legislature, most of its legislative committees, and virtually all California state agencies. The firm participates in the League of Cities weekly meetings to closely monitor redevelopment and other local issues. This year, our firm worked, on behalf of the City of Alhambra, to defeat the Department of Finance's budget redevelopment proposals that negatively impacted local governments. Our lobbyists also attend CalChamber meetings to ensure that our clients' business interests are protected. Also, this year, our firm worked with the Department of Finance to ensure a speedy approval of the City of Alhambra Successor Agency's long-range property management plan which will allow the City of Alhambra to develop some properties. Capitol Strategies Group is proud to be a founding shareholder and member of The Advocacy Group (TAG), an inter -firm network of independent companies organized as a team and focused on solving public affairs and government relations issues. Established in 1992, TAG was the first international public affairs and government relations corporation to provide a diverse array of professional advocacy services throughout the world. If necessary, the firm would subcontract with a TAG member that is located in Washington D.C. to represent the City of La Quinta at the federal level, see G below for more information. C. Reference for similar services within the last five (5) years. l) Client name: Ontario International Airport Authority Client project manager: Al Boling, City of Ontario City Manager Telephone: (909) 395-2010 Email: aboling@a ci.ontario.ca.us 2) Project description: Sponsoring AB 1455 (Rodriguez) to transfer the Ontario International Airport from the City of Los Angeles to the City of Ontario. 3) Project start date, and end date: 02/2015 to Present 4) Staff assigned to project: Dennis Loper and Marvin Pineda 5) Discussion of final outcome: We have been working on AB 1455 to facilitate the transfer of the Ontario International Airport back to the City of Ontario. Our firm convinced 30 assemblymembers and state senators to author AB 1455. Because of the overwhelming number of authors and support for the bill that we obtained, and the pending litigation, Los Angeles Mayor Garcetti has agreed to transfer the airport back to the City of Ontario, see article: Assemblyman introduces Ontario Airport Transfer legislation, 7 161 Click here to return to Agenda htt ://www.dail bulletin.com/ overnment-and- olitics/2Ol5O227/assembl man-introduces- ontario-airport-transfer-le illation. 1) Client name; The City of Alhambra Client project manager: Jessica Keating, Deputy City Manager Telephone: (626) 570-5011 Email: jkeating@cityofalhambra.org 2) Project description: Enact legislation, comment on State department administrative actions, and review and draft ballot initiatives to build the 710 tunnel to connect the current northern terminus of the 1-710 to the 1-210 in the San Gabriel Valley to reduce traffic congestion and air pollution. 3) Project start date, and end date: The firm has been working on this project since 2001 and continues to work on the project. Efforts to construct the tunnel started in 1960. 4) Staff assigned to project: Marvin Pineda and Dennis Loper 5) Discussion of final outcome: This is an ongoing project that will take at least four (4) more years to complete; yet, we have accomplished many positive outcomes. As of now, we have achieved the following outcomes: 1) Enacted legislation to permit the building of the tunnel; 2) Ensured that a ballot initiative in the city of Los Angeles include $750 million dollars for the construction of the tunnel; 3) Worked with elected officials to ensure that Caltrans issue an environmental impact report (E1R) on the project, see Caltrans website for more information http://www.metro.net/projects/sr-710-conversations/. The E1R has identified building the tunnel as the best option to decrease traffic congestion and environmental pollution. We are working on legislation to ensure that one of the following bills is enacted, ABX1-2 (Perea) and SBX1-14 (Cannella), to have a private funding option available for the tunnel. 1) Client name: Southeast Water Coalition Joint Power Authority Client project manager: The project manager for this project is no longer with the Joint Power Authority. Maria Davila is the current Chair of the Authority. Mrs. Davila is a Council Member with the City of South Gate. Telephone: (323) 563-9500 Email: mdavila@southgate.org 2) Project description: Sponsored SB 1386 (Alan Lowenthal/ Chapter 215, Statutes of 2012) to clarify groundwater storage authority in the Southeast Los Angeles region. 3) Project start date, and end date: 2011 to 2012. 4) Staff assigned to project: Dennis Loper 5) Discussion of final outcome: SB 1386 ended litigation, which was costing millions of dollars to our client. The legislation was enacted into law which clarified that the Central Basin Municipal Water District's role was to transport, treat, recapture and recycle water and that the Water Replenishment District's authority was to store water. 8 162 Click here to return to Agenda D. Disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending, which involves the Proposer or in which the Proposer has been judged guilty or liable within the last five years. If there is nothing to disclose, Proposer must state as such in writing. There is nothing to disclose as the firm has not had and does not have significant contract failures, civil or criminal litigation or investigations pending. E. Cost information separately for services on a project, retainer, and hourly basis. Our firm works closely with clients to determine the most appropriate way to satisfy their government relations requirements. It is necessary to understand our clients' industry specific issues, and critical to monitor statewide developments as a whole, to provide context for effective action. Legislative and administrative activities often range from monitoring, research, and consultation - to direct and indirect lobbying to effect either enactment, amendment, or defeat of proposed legislation and regulation. For all of our direct advocacy clients, we provide comprehensive legislative tracking services and coordinate and file all mandated lobbying registration, disclosure and reporting requirements to comply with the Political Reform Act. Beyond legislative and regulatory advocacy, we also work with our clients to design long-term strategies to develop and protect their business base in California. We help clients to identify government and non -government business opportunities within their industries, and provide the technical and political analysis necessary to compete effectively. As a full service government relations firm, we have also supported clients with strategic planning, contract procurement, association management, meeting/convention planning. It is our belief that there is mutual value that comes from a long-term relationship. We structure our contracts as monthly retainers that include a thirty -day cancellation policy for both parties should any party decide to terminate during the course of the agreement. Client communications are deemed privileged and confidential and shall be treated as such. Our firm treats all client documents as proprietary and will not release any information or correspondence without authorization. Capitol Strategies Group would ask for a $5,000 monthly retainer. Below we have highlighted three (3) examples of arrangements with long-standing clients: • City of Alhambra — Monthly retainer: $9,000 • SpaceX — Monthly retainer: $8,333 • California Distributors Association — Monthly retainer: $12,000 Our firm will charge different hourly and project rates depending on the complexity of the work. F. Description of Proposer's warranty/guarantee of work product. Some of our clients have been with us since the firm's inception because of the positive outcomes that have resulted from our services. Our firm cannot provide a warranty/guarantee of 9 163 Click here to return to Agenda work product as this is illegal under the Fair Political Practice Act, See California Government Code Section 86205(e) and (f).. G. Subcontracting any portion(s) of the Scope of Services is not preferable; however, if a Proposer can demonstrate to the City's satisfaction that it is in the best interest of the project to permit a portion of the service(s) to be subcontracted by Proposer, it may be considered. Provide details on the role of any subcontractor that will be used. Our firm does not intend to subcontract any portion of the services however, if we were to need assistance to provide federal services, our firm will subcontract with a firm located in Washington D.C. that is member of The Advocacy Group. The City of La Quinta would approve the firm before any work is subcontracted. H. A statement that, if selected, Proposer will provide the minimum insurance coverage and indemnification noted in Sections 5.0 and 6.0 of the City's Professional Services Agreement. Capitol Strategies Group maintains a Workers Compensation Policy through State Compensation Insurance Fund to cover our employees. The firm maintains a General Business Liability policy which is $1,000,000 per occurrence and $2,000,000 General Aggregate. The firm also carries an umbrella liability policy which is $4,000,000 per occurrence and $4,000,000 General Aggregate. L NON -COLLUSION AFFIDAVIT executed by an official authorized to bind the firm, See ATTACHMENT 4. 90 164 Click here to return to Agenda ATTACHMENT - Below are the rest of our team members' resumes. MEGHAN LOPER 1215 K Street, Suite 1500 — Sacramento, CA 95814 Office: (916) 446-7843 ® Cell: (916) 822-0650 --- E-mail: mloper@csgmail.net PROFESSIONAL EXPERIENCE Vice President, Capitol Strategies Group —Sacramento, CA 3/2011 —Present • Manage legislative/administrative activities: monitor, research, build coalitions, lobby to effect either enactment, amendment, or defeat of proposed legislation and regulation. • Provide testimony before the California State Legislature, • Create immediate/long-term advocacy strategies for clients/potential clients. • Assist clients in protection of their existing business and expansion of new business. Public Policy Director, Majestic Realty Co. —City of Industry, CA 10/2007 — 3/2011 • Monitored local, state and federal legislation. • Represented company interests through participation in several business/trade associations and industry working groups convened by regulatory agencies. • Staffed a member of the California Transportation Commission. • Provided analysis and research to CEO for new business opportunities. Program Director, Majestic Realty Foundation —City of Industry, CA 10/2007 — 3/2011 • Advised foundation board and regional planning teams in allocation of 300+ grants annually, ■ Developed curriculum and led monthly meetings of the Los Angeles Youth Leadership Council bringing together high school students from five inner-city youth centers. • Conducted site visits, directed financial due diligence and monitored grants. • Managed holiday fundraising event drawing more than 1,000 guests annually. Public Policy Coordinator, Majestic Realty Co. —City of Industry, CA 8/2005 9/2007 ■ Advised leadership in determining public policy priorities and strategies. • Worked with local and statewide media as part of internal public relations team. Program Coordinator, Majestic Realty Foundation —City of Industry, CA 8/2005 — 9/2007 • Planned capacity building seminars for nonprofit executives/board members. ■ Developed content and design for the Foundation's Annual Report. ■ Facilitated and tracked participation in employee charitable matching funds program.. ■ Led volunteer days of service and employee participation in annual campaigns such as the American Heart Association's "Go Red for Women" effort. Coro Fellow in Public Affairs, Coro Southern California —Los Angeles, CA 9/2004 — 5/2005 ■ National full-time, post -graduate level experiential learning leadership training program. 11 165 Click here to return to Agenda ■ Curriculum includes sector rotation placements, ethics training, individual and group presentations. ■ Government Rotation, District Office of California State Senator Gilbert Cedillo, 22"d District. Conducted legislative research, responded to constituent requests, assisted in organizing and staging press conferences, staffed Senator Cedillo at local events, drafted recognition certificates. ■ Campaign Rotation, Campaign to Re -.Elect California State Senator Mike Machado, 5th District. Created precinct walk kits and dispatched walk volunteers, managed volunteer phone banks, assisted in staging weekend events, attended coffees and walked precincts with Senator Machado. Nonprofit Rotation, New Economics for Women (NEW) and NEW Academy ■ Attended the California Charter School Association Annual Conference, researched and developed best hiring practices for the recruitment of a K-5 charter school principal, assisted staff and interacted with residents at La Posada, NEW s housing community designed for teenage mothers. Labor Rotation, Service Employees International Union (SEIU), Local 347 ■ Compiled research and employee suggestions to draft recommendations for the Department of Animal Services, participated in Joint -Labor Management negotiations and contract implementation meetings, updated media resources. BOARD LEADERSHIP ■ Leadership Council, School for Policy Planning and Development, USC—Los Angeles, CA 3/2011 —Present ■ Coro Southern California, Board of Directors —Los Angeles, CA 5/2005 — Present MEMBERSHIPS, HONORS AND AWARDS ■ Capitol Network, Member 5/2011 —Present ■ Institute of Governmental Advocates, Member 3/2011 — Present ■ Coro National Alumni Association, Member 6/2005 — Present ■ San Gabriel Valley Economic Partnership, Chair, Legislative Committee 12/2010 — 3/2011 EDUCATION ■ University of Southern California, Marshall School of Business —Los Angeles, CA 8/2011-5/2013 Master of Business Adminstration, Executive MBA Program University of Southern California, School of Policy Planning and Development —Los Angeles, CA 2000 — 2004 Bachelor of Science, Public Policy and Management, Cum Laude Public Policy Departmental Honors, Dean's Last (6 Semesters) 12 166 Click here to return to Agenda Joshua C. Walters 1215 K Street, Suite 1500, Sacramento, CA 95814 (916) 446-7843 jwalters@lobbyeal.com Professional Profile Resourceful attorney with a background in politics, legislative process, and litigation management, with an ability to leverage these experiences to provide creative solutions to complex political, policy and legal problems. Proven crisis management, supervisory and advisory skills in fast -paced work environments with high value stakes. Chief of Staff to California State Senator, Special Counsel to President pro Tempore of the California State Senate with trial experience at an international law firm, A graduate of the University of California, Hastings College of the Law. Professional Experience Senator Richard D. Roth, Sacramento, California Campaign Manger, Chief of Staff, Political Director, 2011 to October 2014. Political Strategy: Developed and implemented all aspects of campaign strategy to secure election to the 3 1 " State Senate District in 2012. Legislative Strategy: Responsible for development in an implementation of strategy related to the Senator's legislative package, including managing policy staff of eight individuals to pass legislation and review legislation for vote recommendations to Senator. Staff Director: Responsible for management fourteen Senate Staff, two Senate offices, more than thirty-five campaign staff, as well as various consultants and contractors. Senate President pro Tempore Darrell Steinberg, Sacramento, California Special Counsel, 2009 to 2011 Political Strategy: Developed framework for all Senate activities relating to the independent redistricting commission. Staff Director: Responsible for management of five staff relating to redistricting, including two technical staff, outside counsel, and two senate staff. Ballot Measures: Responsible for monitoring proposed ballot measures and providing counsel as to their viability based upon political, fundraising, and other factors. Campaign Finance: Responsible for monitoring and analyzing political contributions to various candidates, including independent expenditure campaigns, and providing political strategy based upon this information. Counsel to Senate Democrats: Managed all legal issues facing the campaign functions of Senate Democrats during associated campaign cycles. Duties include assessment of potential legal issues, retention of various firms as outside counsel to address specific legal needs, as well as the development, coordination, and management of litigation. Senator Dean Florez, Sacramento, California Deputy Chief of Staff, 2006 to 2009 Manage political and legislative / public policy operations for a member of the California legislature. 13 167 Click here to return to Agenda Staff Director: Responsible for development, implementation, and day-to-day management of legislative operations, including staff bill assignments. Public Policy: Providing public policy advice in the areas of Renewable Energy, Air Quality, Agriculture, Food -Borne Illness, Consumer Safety, Election Reform, Emergency Preparedness, and Gender Equity. Communications: Supervising public relations campaigns through the creation of political themes and development of public message campaigns utilizing a variety of methodologies, including speech writing, drafting press releases, position papers to support public policy positions, fact sheets, as well as speaking with members of the press on behalf of the Senator. Legislative Oversight: Responsible for all aspects of legislative oversight hearings including investigations, document requests, witness interviews, legal research, and drafting witness outlines in various styles, including direct and cross examination formats. Howrey Simon Arnold & White LLP, Los Angeles, California Associate Attorney, 2003 to 2005 Practiced law at an international firm representing clients in all aspects of complex civil and criminal litigation, including fraud, accounting malfeasance, war crimes investigations, campaign finance grand jury investigations, voting rights issues, and insurance recovery. Litigation and Trial Experience: Participated in all aspects of a six -week civil jury trial, including creation of case themes, co -drafting opening and closing statements, arguing motions, drafting witness outlines, expert witness preparation, jury selection and support of direct and cross examinations. White Collar Criminal Investigations: Conducted formal investigation and drafted report of findings relating to allegations of securities fraud and accounting malfeasance by a major California jewelry retailer. Prepared presentation of investigation for the New York United States Attorney's Office. Voting Rights Litigation: Participated in the development and implementation of a legal strategy utilizing federal law (Help America Vote Act) to require the California Counties to make one accessible voting system available per voting location. Responsible for the day-to- day management of litigation and served as primary point of contact for all individual and organizational plaintiffs. Public Affairs: Wrote press releases and informational materials to coordinate clients' media response to high profile lawsuits. Legislative Affairs: Drafted letters to California legislative members and committees supporting clients' policy positions on legislation. Community Service: Served as a volunteer attorney for the Los Angeles County Bar Association Immigration Legal Assistance Clinic. Education University of California, Hastings College of the Law Juris Doctor Bar Membership and Admission .Member, California State Bar, 2004 United States Court of Appeals for the Ninth Circuit, 2004 United States District Court, Central District of California, 2004 14 168 Click here to return to Agenda ATTACHMENT — 2 City of Alhambra — Legislative Report: Sent Friday, April 17, 2015 AB 2 (Aleio D) Community revitalization authority. Status: 7/15/2015-From committee: Do pass and re -refer to Com. on APPR. (Ayes 9. Noes 2.) (July 14). Re -referred to Cam. on APPR. Location: 7/15/2015-5. APPR. Desk Polio Fiscal Floor Desk PGlic Fiscal [Floor Conf, 1st House 2nd House tConc, Enrolled `Vetoed Chaptered Calendar: 8/17/2015 10 a.m. - John L. Burton Hearing Room (4203) SENATE APPROPRIATIONS, LARA, Chair Summary: Would authorize certain local agencies to form a community revitalization authority (authority) within a community revitalization and investment area, as defined, to carry out provisions of the Community Redevelopment Law in that area for purposes related to, among other things, infrastructure, affordable housing, and economic revitalization. Position Pending AB 14 (Waldron R) Unmanned aircraft systems: task force. Status: 5/1/2015-Failed Deadline pursuant to Rule 61(a)(2). (Last location was TRANS. on 4/612015) Location: 5/1/2015-A, 2 YEAR Desk 2 ear ;Fiscal 'Floor ,Desk Policy Fiscal Floor ;Conf. Enrolled Vetoed .:Chaptered 1st House 12nd House Conc. Summary: Would create the Unmanned Aircraft Systems Task Force, comprised of 10 members, as provided. The bill would require the task force to research, develop, and formulate a comprehensive policy for unmanned aircraft systems. The task force would be required to submit, among other things, a policy draft and suggested legislation pertaining to unmanned aircraft systems to the Legislature and the Governor throughout the term of the task force, on or before January 1, 2018. The bill would provide that these provisions are repealed on January 1, 2022. Position Pending AB 26 (]ones -Sawyer D) Medical cannabis, Status: 5/1/2015-Failed Deadline pursuant to Rule 61(a)(2). (Last location was B.&P. on 3/9/2015) Location: 5/1/2015-A. 2 YEAR Desk 2 ear ,Fiscal ^Floor °Desk Policy Fiscal Floor Conf, Enrolled Vetoed Chaptered 1st House 2nd House Conc. Summary: Would enact the Medical Cannabis Regulation and Control Act and would create the Division of Medical Cannabis Regulation and Enforcement within the Department of Alcoholic Beverage Control, to be administered by a person exempt from civil service who is appointed by the Director of Alcoholic Beverage Control. The bill would grant the department the power to register persons for the cultivation, manufacture, testing, transportation, storage, distribution, and sale of medical cannabis within the state. Position Pending AB 34 (Cooley D) Medical cannabis. 15 169 Click here to return to Agenda Status: 6/5/2015-Failed Deadline pursuant to Rule 61(a)(8). (Last location was APPR. on 6/3/2015) Location: 6/5/2015-A. 2 YEAR Desk Polic 2 ear ;Floor Desk Policy Fiscal ,Floor Conf. ` Enrolled .Vetoed Chaptered 1st House 2nd House Conc. Summary: Would enact the Medical Cannabis Regulation and Control Act and would establish within the office of the Governor, the Governor's Office of Marijuana Regulation to coordinate and provide oversight of the licensing and regulation of various commercial cannabis activities, as defined. The biil would establish the Division of Medical Cannabis Regulation, which is established within the State Board of Equalization, for the licensure and regulation of medical cannabis dispensaries and transporters. Position Pending AB 56 (Quirk D) Unmanned aircraft systems. Status: 7/16/2015-Read second time and amended. Re -referred to Com. on APPR. Location: 7/16/2015-S. APPR. Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. 1st blouse 2nd House Conc. Enrolled 'Vetoed Chaptered Calendar: 8/17/2015 10 a.m. - John L. Burton Hearing Room (4203) SENATE APPROPRIATIONS, LARA, Chair Summary: Would generally prohibit law enforcement agencies from using unmanned aircraft systems, obtaining an unmanned aircraft system from another public agency by contract, loan, or other arrangement, or using information obtained from an unmanned aircraft system used by another public agency, except as provided by the bill's provisions. The bill would authorize a law enforcement agency to use an unmanned aircraft system if the law enforcement agency complies with specified requirements. This bill contains other related provisions and other existing laws. Position Pending AB 93 (Weber D) Budget Act of 2015. Status: 6/24/2015-Chaptered by Secretary of State - Chapter 10, Statutes of 2015 Location: 6/24/2015-A. CHAPTERED Desk Polic Fiscal Floor Desk Polic Fiscal Floor rConf].FE__ �1stHouse 2nd House rolled etoed Chaptered r Summary: This bill would make appropriations for the support of state government for the 2015-16 fiscal year. This bill would declare that it is to take effect immediately as a Budget Bill, Position Pending AB (Weber D) Budget Act of 2015. 103 Status: 5/28/2015-Re-referred to Com. on BUDGET. Location: 5/28/2015-A. BUDGET Desk Polic Fiscal Floor ,Desk !Policy Fiscal Floor Conf­_ 1st House 12nd House 'Conc. ;Enrolled :Vetoed Chaptered Summary: This bill would make appropriations for support of state government for the 2015-16 fiscal year. This bill contains other related provisions. Position 16 170 Click here to return to Agenda Pending AB (Committee on Budget) State government. 111 Status: 6/18/2015-From committee: Do pass. (Ayes 11. Noes 5.) (June 18). Senate Rule 29 suspended. (Ayes 22. Noes 13. Page 1486.) Ordered to third reading. Location: 6/18/2015-5. THIRD READING Desk Polic Fiscal Floor Desk Polk Fiscal Floor Conf. 1st House 2nd House ,Conc. Enrolled Vetoed 'Chaptered Summary: Current law prohibits a person, firm, corporation, or association that is a nongovernmental entity and contracts to perform public health and safety labor or services for a public agency from displaying on a vehicle a logo of the public agency that reasonably could be interpreted or construed as implying that the labor or services are being provided by employees of the public agency, unless the vehicle conspicuously displays a specified statement. Current law defines "public health and safety labor or services" to include emergency medical services. This bill would revise that definition to include prehospital emergency medical services. Position Pending AB (Committee on Budget) Public safety. 112 Status: 6/18/2015-From committee: Do pass. (Ayes 11. Noes 4.) (June 18). Senate Rule 29 suspended. (Ayes 22. Noes 13. Page 1486.) Ordered to third reading. Location: 6/18/2015-5. THIRD READING Desk Polk Fiscal Floor Gesk Polk Fiscal Floor Conf. Enrolled Vetoed Chaptered 1st House 112nd House 1,Conc. Summary: Would require, on or before January 1, 2016, the Department of the California Highway Patrol to develop a plan for implementing a body -worn camera pilot program. The bill would require that plan to examine, among other things, the minimum specifications for body -worn cameras to be utilized in a body -worn camera program, best practices for officer review of recorded body -worn camera data, and best practices for sharing recorded body - worn camera data internally and externally. This bill contains other related provisions and other existing laws. Position Pending AB (Committee on Budget) Local government. 113 Status:7/9/2015-Joint Rule 62(a), file notice suspended. From committee chair, with author's amendments: Amend, and re -refer to committee. Read second time, amended, and re -referred to Cam. on B. & F.R. Location: 7/9/2015-S. BUDGET & F.R. Desk Polac Fiscal Floor Desk P__ Fiscal Floor Conf. Enrolled Vetoed Cha tered 1st House Znd House ,Conc. i p Summary: Current law dissolved redevelopment agencies and community development agencies as of February 1, 2012, and provides for the designation of successor agencies to wind down the affairs of the dissolved redevelopment agencies and to, among other things, make payments due for enforceable obligations and to perform obligations required pursuant to any enforceable obligation. This bill would provide that any action by the Department of Finance, that occurred on or after June 28, 2011, carrying out the department's obligations under the provisions described above constitutes a department action for the preparation, development, or administration of the state budget and is exempt from the Administrative Procedures Act. 17 171 Click here to return to Agenda Position Pending AB (Committee on Budget) Public resources. 117 Status: 6/24/2015-Chaptered by Secretary of State - Chapter 16, Statutes of 2015 Location: 6/24/2015-A. CHAPTERED Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled etoed Cbaptered 1st House 2nd House Conc. Summary: Current law authorizes the Office of Statewide Health Planning and Development to make loans from the continuously appropriated Health Facility Construction Loan Insurance Fund to participating health facilities to finance or refinance the construction, improvement, or expansion of health facilities. Current law provides that in the event that the fund fails to pay the principal or interest on debentures issued, then the Treasurer is required to pay to the holders the amount entitled out of any money in the State Treasury not otherwise appropriated. This bill would make those funds continuously appropriated from the General Fund, thereby making an appropriation. Position Pending AB (Harper R) Solid waste: single -use carryout bags. 190 Status:4/13/2015-In committee: Set, second hearing. Failed passage. Reconsideration granted. Location: 4/14/2015-A. NAT. RES. Desk Policy Fiscal ,Floor .Desk Fpolicy ,Fiscal ,Floor iConf, ,Enrolled Vetoed Chaptered 1st House 112nd House _ Conc. Summary: Current law, inoperative due to a pending referendum election, would otherwise, as of July 1, 2015, prohibit stores that have a specified amount of sales in dollars or retail floor space from providing a single -use carryout bag to a customer, with specified exceptions. This bill would repeal the above provisions and related provisions. This bill contains other related provisions and other existing laws. Position Pending AB (Harper R) Solid waste: single -use carryout bags. 191 Status: 5/1/2015-Failed Deadline pursuant to Rule 61(a)(2). (Last location was NAT. RES. on 4/14/2015) Location: 5/1/2015-A. 2 YEAR Desk Z ear Fiscal !Floor 'Desk ,Policy (Fiscal Floor ;Conf. 1st House 2nd House Conc. Enrolled ,Vetoed Chaptered Summary: Current law, inoperative due to a pending referendum election, would, as of July 1, 2015, prohibit stores that have a specified amount of sales in dollars or retail floor space from providing a single -use carryout bag to a customer and prohibit those stores from selling or distributing a recycled paper bag at the point of sale unless the store makes that bag available for purchase for not less than $0.10, This bill would repeal the requirement that a store that distributes recycled paper bags make those bags available for purchase for not less than $0.10. This bill contains other related provisions. Position Pending 18 172 Click here to return to Agenda ATTACHMENT — 3 Sent to clients November 6, 2014 after general elections. California Election Analysis and 2014 Issues On November 4`h, 100 of the 120 State Legislative seats were on the ballot before the voters of the respective districts. The voter turnout was extremely low, and as anticipated this low turnout served to benefit Republicans. Democrats have lost seats in both the Senate and Assembly and will no longer hold a supermajority in either house. County election officials must submit final certified results to the Secretary of State by December 5th. The Secretary of State then has until December 12'h to certify all elections. Although as of December 2" d three small counties have not yet reported their final election results, however those outcomes will not affect the final outcome of any contest. Statewide Contests & State Ballot Initiatives As expected, Democratic Governor Jerry Brown defeated Republican challenger Neel Kashkari and won re-election to his historic 4"' term. All the Constitutional Offices will also continue to be held by Democrats: ■ Lt. Governor: Gavin Newsom ■ Treasurer: John Chiang ■ Insurance Commissioner: Dave Jones ■ Attorney General: Kamala Harris • Controller: Betty Yee ■ Superintendent of Public Instruction: Tom Torlakson ■ Secretary of State: Alex Padilla Voters approved the following ballot measures: ■ Proposition 1 - Funding Water Quality, Supply, Treatment, Storage Authorizes $7.5 billion in bonds for state water supply infrastructure projects, including surface and groundwater storage, ecosystem and watershed protection and restoration, and drinking water protection. Democrats, Republicans, the California Farm Bureau and environmental groups supported the initiative. Proposition 2 - The Rainy Day Budget Stabilization Act Establishes a strong economic rainy day fund in the State Constitution that will require the Legislature and Governor to save money and pay down debt during prosperous economic years. Both Democrats and Republicans supported the measure. Proposition 47 - Criminal Sentences, Misdemeanor Penalties 19 173 Click here to return to Agenda Requires misdemeanor sentences instead of felony for criminal offenders who commit certain non -serious and non-violent drug and property crimes. The States' savings that will result from releasing some inmates will be used to support school truancy prevention, dropout prevention services, and mental health and drug abuse treatment programs. Local and State elected officials, the California Public Defenders Association, school districts and faith based organizations supported the measure. The California Police Chiefs Association, California District Attorneys Association, and the California Chamber of Commerce opposed the measure raising concerns about the potential release of 10,000 felons from State prison. Voters rejected: It Proposition 45 - Healthcare Insurance Rate Changes Required the California Insurance Commissioner's approval before health insurers can change their rates or anything else affecting the charges associated with health insurance. The initiative was supported by the California Democratic Party, and consumer organizations. The measure was strongly opposed by physicians, hospitals, the California Chamber of Commerce, and some labor organizations because it gave unlimited control to the California Insurance Commissioner. Currently, California has in place a successful independent commission that reviews rates. ■ Proposition 46 - Doctor Drug Testing, Medical Negligence Required drug testing of doctors. Required review of statewide prescription database before prescribing controlled substances. Sought to quadruple existing $250,000 pain/suffering cap in medical negligence lawsuits. The California Consumers Attorney funded the initiative, which was overwhelmingly defeated by a well -organized coalition of physicians, dentists, hospitals, labor organizations, and insurance companies. ■ Proposition 48 - Indian Gaming Compacts Referendum Asked the voters to consider approving the tribal gaming compact between the State of California and the North Fork Rancheria of Mono Indians and the Wiyot Tribe that was approved by the California Legislature and signed by Governor Brown. The Governor supported the initiative because the construction of a casino would have created jobs in one of the Central Valley's poorest regions. Opponents, including local governments and newspapers opposed the measure because it allowed for the first time the creation of a casino on an off -reservation property. Local tribes also opposed the measure to prevent any competition. California State Senate - Democrats: 25, Republicans: 14, Vacancies*: 1 (Reps -- +1 SD 34) (*The Governor has announced a special election to fill the vacancy created by Senator Wright's resignation. Vacancy to be decided in special election: primary to be held December 9'J' with a 20 174 Click here to return to Agenda general to follow on February 10th if a candidate does not emerge from the primary with 50% +1. Additionally, with Senators Knight, DeSaulnier and Walters' election to congress, additional special elections will be called in the coming months.) Republicans used recent corruption scandals to successfully prevent Democrats from retaining a supermajority in the Senate. ■ In SD 34, Orange County Republican Janet Nguyen defeated Democrat Jose Solorio. Nguyen by 16.2%. ■ In SD 14, Republican incumbent Andy Vidak defeated Democrat Luis Chavez. Kings County once again voted heavily for Andy Vidak to return him to the Senate for 4 more years. Vidak by 8.2%. California State Assembly — Democrats: 52, Republicans: 28 (Reps +3 AD 36, AD 65; AD 66) With votes cast at the polls, provisional and absentee ballots counted, Democrats have lost three incumbent seats in the State Assembly. ■ In AD 36, incumbent Democrat Steve Fox lost to Republican challenger Tom Lackey. Lackey by 20.4%. ■ In AD 65, incumbent Democrat Sharon Quirk -Silva lost to Republican challenger Young Kim. Kim by 9.2%. • In AD 66, incumbent Democrat Al Muratsuchi lost to Republican challenger David Hadley by 706 votes. Hadley by 0.6%. Prior to the election, Assembly Democrats held 55 seats. The races referenced above reduce the number of Democratic seats to 52, which is two seats below the 54 needed to have a supermaj ority. As a result of the open primary, two races pitted a Democrat against a Democratic. ■ In AD 39, Assemblymember Raul Bocanegra lost to Democratic challenger Patty Lopez by 466 votes. Lopez by 1 %o. ■ In AD 17`h, Democrat David Chiu defeated Democrat David Campos. Chiu by 2.2%. Assembly Democrats scored victories in the following hotly contested races: ■ In AD 8, incumbent Democrat Ken Cooley defeated Republican challenger Douglas Haaland. This was a target seat for Republicans since they lost it in 2012. Cooley by 13.4%. ■ In AD 21, incumbent Democrat Adam Gray defeated Republican challenger Jack Mobley. The race made headlines in the final weeks of the campaign as a result of late financial support for the Republican challenger. Democrats redirected resources in order to keep the seat. Gray by 6.8%4. 21 175 Click here to return to Agenda ■ In AD 32, incumbent Democrat Rudy Salas defeated Republican challenger Pedro Rios. Salas by 9.6%. • In AD 57, Assemblymember Ian Calderon (D) was expected to have a tough race as a result of the federal criminal charges against his uncles, former State Senator Ron Calderon and former State Assemblymember Tom Calderon. However, Calderon defeated Republican challenger Rita Topalian (R) by 1,887 votes. Calderon by 3%. U.S. Congress Republicans picked up 7 seats nationally to take control of the Senate. Now, Republicans have a majority in both houses. In California, there were several Congressional races that attracted national media attention due to the amount of resources spent by both Democrats and Republicans. ■ In CD 7, incumbent Democrat Ami Bera defeated Republican challenger Doug Ose. Bera by 0.8%. ■ In CD 16, incumbent Democrat Jim Costa defeated Republican challenger Johnny Tacherra. Costa by 1.4%. • In CD 17, Mike Honda defeated Ro Khanna in the Democratic intra-party fight. Honda by 3.6%. ■ In CD 25, Republican California State Senator Steve Knight defeated former California State Legislator Tony Strickland, also a Republican. Knight by 6.6%. ■ In CD 26, incumbent Democrat Julia Brownley defeated Republican challenger Jeff Gorell. Brownley by 2.6%.. ■ In CD 52, Democrat Scott Peters defeated Republican Carl DeMaio. Peters by 3.2%. 22 176 Click here to return to Agenda ATTACHMENT — 4 NUN -COLLUSION AFFIDAVIT FORM I, Dennis Loper hereby declare as follows: I am President of Capitol Strategies Group, Inc., the party making the foregoing proposal, that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any other proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Proposer Signature By Name Dennis Title President Organization Capitol Strategies Group,Inc. Address 1215 K Street, -Suite 1500, Sacramento, CA 958I4 23 177 Click here to return to Agenda 178 Joe A. Gonsalves Anthony D. Gonsalves Jason A. Gonsalves f Paul A. Gonsalves PROFESSIONAL LEGISLATIVE REPRESENTATI ON 926 L ST. • SUITE 250 • SACRAMENTO, CA PS814.3766 916441.007 . FAX 916 441.6061 Small: ganeelveagacaam, cam August 11, 2015 & Son Doug Kinley City Manager's Department, City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Dear Mr. Kinley: Click here to return to Agenda GSLER�R'q 40 YE. rr'' I have enclosed a proposal introducing you, the Mayor and Council to our firm, Joe A. Gonsalves & Son. Our firm was founded by my father, Joe A. Gonsalves, in 1975. He served as a member of the California State Assembly from 1962 through 1974. Prior to that, he served as a Dairy Valley Council Member including two years as Mayor of the city of Dairy Valley, which is now the city of Cerritos. In January 1977, I joined the firm after having worked for the California State Senate. Shortly after I joined the firm, we incorporated; and we are now known as Joe A. Gonsalves & Son. The political process in Sacramento is truly complex. In the three plus decades I have been lobbying in Sacramento I have had the opportunity to master such complexities, which enables our firm to be successful when representing our clients on particularly difficult and controversial issues. In December of 1998, my son, Jason joined our firm to assist with our lobbying efforts. That gave our firm the proud distinction of being the first to have three generations of legislative advocates working on behalf of their clients, which continued until my father passed away in July 2000. Jason has successfully represented our clients before the Legislature and various State Agencies in the areas of local government finance, utilities and commerce, public employees retirement, workers' compensation, environmental regulation, telecommunications, conflict of interest issues, and redevelopment dissolution. In October of 2004 nay son, Paul, joined our firm after most recently serving as a legislative aide to Former Assembly Member Rudy Bermudez. Prior to working in the Assembly, he received a B.A. in Political Science and a minor in Public Administration from San Diego State University. Our firm continues the proud tradition of being one of the more prominent and successful firms in Sacramento. I have enclosed a list of our present clients. As you can see, we represent a large number of cities. We believe our base of client cities has provided us the unique opportunity to work with each member of the Legislature. Recognizing the number of Legislators coming out of local governments, we have established relationships prior to them being elected to the Legislature. 179 Click here to return to Agenda Mr. Doug Kinley August 11, 2015 Page 2 In addition, I have enclosed an outline of both our legislative and grant funding accomplishments. Please note this is a partial list as it would be impossible for me to fully communicate the level of success we have enjoyed in representing our clients. Our firm charges a retainer on a monthly basis and contains a 30-day cancellation clause, as we are confident in our ability to continue to provide your Agency with an unparalleled level of service. The retainer is all inclusive of the services we would provide for the City. We do not charge for any additional costs unless you require us to meet outside of Sacramento. We have proposed a $4000.00 monthly retainer. The scope of services we provide for our clients are not limited to what is identified in your Request for Proposals. We purposely do this to ensure that each client has the flexibility to request any assistance they may require in Sacramento, such as setting up meetings with the appropriate legislators, Governor's office or the various state departments. Additionally, we do not assign clients to a specific lobbyist in the firm. Instead, you have access to all the firms' employees at any time. We also represent a very distinguished group of clients other than cities. For example, the Del Mar Thoroughbred Club, operating the most successful race meet in the United States. Long Beach Transit, providing transit services throughout the Long Beach region. Access Services, the only paratransit service provider in Los Angeles County. In addition, we represent Willdan, which provides professional services to over 400 public sector clients throughout California, Arizona, and Nevada. I strongly believe it is this blend of special people who assist us in being as effective as we are. Our firm operates on a very personal and professional level, always working hard to accomplish our clients' goals. The late Senator, Ken Maddy, coined our firm the "Gonsalvi". When asked what he meant by the nickname, Senator Maddy responded, "you're lake alumni, when you guys are working an issue you are everywhere". Still today the members of the Legislature refer to us as "the Gonsalvi". I would recommend you contact any Legislator and ask them about our firm. In addition, we encourage you to discuss our representation with our clients. e want you to know that we would be honored to represent the city of La Quinta as your legislative advocates. Should you have any questions or concerns, please feel free to contact me. Sincerely, D%GO ALVES 180 Ai Joe A. Gonsalves � Son Click here to returr�tBoAgenda Anthony D. Gonsalves } gTf� Jason A. Gonsalves 1 s 3 i Paul A. Gonsalves r PROFESSIONAL LEGISLATIVE REPRESENTATION 1 I I - l I 925 L ST. , SMITE 250 • SACRAMENTO, CA 95814.3766 BIB 441.0697 • FAX 916 441.6061 Emsii: g0aaalse3@g0aaaivi.c0m40 NZ, TO: CITY OF LA QUINTA FROM: ANTHONY, JASON AND PAUL GONSALV'ES SUBJECT: RFP FOR LOBBYIST SERVICES DATE: TUESDAY, AUGUST 11, 2015 A. 1. Please see enclosed cover letter. 2. Account Representatives: Please feel free to contact Anthony, Jason or Paul Gonsalves regarding any clarification to the proposal. OFFICE ADDRESS: Joe A. Gonsalves & Son 925 L Street, Suite 250 Sacramento, CA. 95814 Main: (916) 441-0597 Fax: (916) 441-5061 E-Mail: gonsalves&gonsalvi.com 3. Please see above 4. Please see above 5. All information and pricing provided in the proposal is valid for ninety (90) days. P. 1. Joe A. Gonsalves & Son has been in business for 40 years. 2. State Tax 1D Number: 1013976 3. Please see cover letter IH. Click here to return to Agenda 4. Joe A. Gonsalves & Son is a small business corporation that incorporated in 1977. 5. N/A 6. Please see enclosed client list. 7. Please see enclosed Gonsalves Accomplishments and grant funding lists. 8. Please see enclosed sample weekly report. 9. Joe A. Gonsalves & Son represents clients on the State level only. We do not lobby the federal Government. That being said, we have a large number of friends who served in the California Legislature that are now at the Federal level. C. 1. I have enclosed a list of our present clients. As you can see, we represent a large number of cities. We believe our base of client cities has provided us the unique opportunity to work with each member of the Legislature. Recognizing the number of Legislators coming out of local governments, we have established relationships prior to them being elected to the Legislature. In addition, I have enclosed an outline of both our legislative and grant funding accomplishments. Please note this is a partial list as it would be impossible for me to fully communicate the level of success we have enjoyed in representing our clients over the past 40 years. I would recommend you contact any Legislator and ask them about our firm. In addition, I encourage you to discuss our representation with our clients. Our clients have access to all the firms' employees at any time as we do not assign clients to a specific lobbyist in the firm. D. N/A E. Our firm charges a retainer on a monthly basis and contains a 30-day cancellation clause, as we are confident in our ability to continue to provide your Agency with an unparalleled level of service. The retainer is all inclusive of the services we would provide for the City. We do not charge for any additional costs unless you require us to meet outside of Sacramento. We have proposed a $4000.00 monthly retainer. F. N/A G. N/A 182 Click here to return to Agenda H. If selected, Joe A. Gonsalves & Son will provide the minimum insurance coverage and indemnification noted in Sections 5.0 and 6.0 of the City's Professional Services Agreement. I. Please see enclosed. 183 k Joe A. Gonsalves & Son Anthony D. Gonsalves Jason A. Gonsalves ! { I Paul A. Gonsalves PROFESSIONAL LEGISLATIVE REPRESENTATION ' 926 L ST. • SUITE 260 SACRARENTO, CA 95814-3766 916 441-0597 • FAX 916 441.5061 b Email; goasalcescagoamM.Com a CLIENT LIST ACCESS SERVICES 3449 Santa Anita Avenue El Monte, CA 91731 Andre Colaiace, Deputy Executive Director (213) 270-6000 CALIFORNIA ASSOCIATION OF DUI TREATMENT PROGRAMS "CADTP" 218 North Glendora Avenue La Puente, CA 91744 Craig French, Chair (626) 862-2215 CALIFORNIA CITY MANAGEMENT LaC�Ir1� r7:TI�1T�Tr+,ji1`Kilu 3�i 2533 Brown Dr. El Cajon, CA 92020 Ken Pulskamp, Executive Director (844) 226-2411 CALIFORNIA MUNICIPAL FINANCE AUTHORITY 2111 Palomar Airport Road Carlsbad, CA 92011 John Stoecker, Financial Advisor (760) 930-1221 CALIFORNIA PRODUCER -HANDLER ASSOCIATION 313 Casa Linda Drive Woodland, CA 95695-4722 Amos DeGroot, President (530) 662-1228 Click here to return to Agenda LEBR j Fri rro I q rjj 40 l X r fi DEL MAR THOROUGHBRED CLUB 2260 Jimmy Durante Blvd. Post Office Box 700 Del Mar, CA 92014-0700 Josh Rubinstein, President & General Manager (858)755-1141 FAIRPLEX — LA COUNTY FAIR ASSOC. 1101 W. McKinley Ave (91768) P.O Box 2250 Pomona, CA 91768 Jim Henwood, President (909) 865-4262 GALE BANKS ENGINEERING 546 South Duggan Avenue Azusa, CA 91702 Gale Banks (626) 969-9600 GATEWAY WATER MANAGEMENT 16401 Paramount Blvd. Paramount, CA 90723 Grace J. Kast, Executive Officer (626) 485-0338 LONG BEACH TRANSIT Post Office Box 731 1963 E. Anaheim St. Long Beach, CA 90801 Dana E. Pynn, Manager of Government Relations (562)591-8753 184 Click here to return to Agenda NORTHRUP GRUMMAN SYSTEMS CORP. 2980 Fairview Park Drive Falls Church, VA 220424511 Lesley Kalan, VP of Legislative Affairs (703) 280-2635 OAK TREE RACING ASSOCIATION 201 Colorado Place (91007) P. O. Box 60018 Arcadia, CA 91066-6018 (626) 784-4802 Sherwood Chillingworth, Executive V.P (626) 784-4804 PACIFIC EDUCATIONAL SERVICES, INC. 11837 Kemper Road, Suite 2 Auburn, CA 95603 Walter Stockman, President (530) 888-1010 THE PORTUGUESE GOVERNMENT 3298 Washington Street San Francisco, CA 94115 Nuno Vaultier Mathias, Consul General (415) 346-3400 PORT OF LONG BEACH 4801 Airport Plaza Drive Long Beach, CA 90815 Samara Ashley, Director of Government Affairs (562) 283-7780 PORT OF STOCKTON 2201 W. Washington Street Stockton, CA 95203 Richard Aschieris, Port Director (209) 946-0246 SAN GABRIEL VALLEY WATER ASSOCIATION 725 North Azusa Avenue Azusa, CA 91702 Tony Zampiello, Assistant Executive Officer (626)815-1305 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT "SCAOMD" 21865 Copley Drive Diamond Bar, CA 91765 Barry Wallerstein, Executive Officer (909) 396-3203 WILLDAN GROUP INC. 2401 East Katella Avenue, Suite 300 Anaheim, CA 92806-6073 Frank Tripepi, Senior Vice President, Business Development (714) 940-6300 185 Click here to return to Agenda CITY CLIENTS CITY OF ALAMEDA CITY OF BELLFLOWER 2263 Santa Clara Avenue 16600 Civic Center Drive Alameda, CA 94501 Bellflower, CA 90706-5494 Liz Warmerdam, Interim City Manager Jeffrey L. Stewart, City Manager (510)747-7400 (562)804-1424 CITY OF ATASCADERO CITY OF CAMARILLO 6500 Palma Avenue 601 Carmen Drive Atascadero, CA 93422 Camarillo, CA 93010 Rachelle Rickard, City Manager Bruce Feng, City Manager Marcia Torgersen, Deputy City Manager (805) 388-5307 (805) 461-5000 CITY OF CERRITOS CITY OF AZUSA Post Office Box 3130 213 E. Foothills Blvd. 18125 Bloomfield Avenue Azusa, CA 91702 Cerritos, CA 90703-3130 Troy Butzlaff', City Manager Art Gallucci, City Manager (626)812-5238 (562)860-0311 CITY OF BANNING CITY OF CHINO 99 East Ramsey Street 13220 Central Avenue Banning, CA 92220 Chino, CA 91710 Dean Martin, Interim City Manager Matthew Ballantyne, City Manager (951) 922-4860 (909) 334-3302 CITY OF BARSTOW CITY OF CHINO HILLS 220 East Mountain View Street, Suite A 14000 City Center Drive Barstow, CA 92311-2839 Chino Hills, CA 91709 Curt Mitchell, City Manager Konradt "Rad" Bartlam, City Manager (760) 255-5195 (909) 364-2610 CITY OF BEAUMONT CITY OF CLAREMONT 550 E. Sixth Street 207 Harvard Avenue Beaumont, CA 92223 Claremont, CA 91711 Elizabeth Gibbs-Urtiaga, City Manager Tony Ramos, City Manager (951)769-8520 (909)399-5441 CITY OF BELL CITY OF COMMERCE 6330 Pine Avenue 2535 Commerce Way Bell, CA 90201 Commerce, CA 90040-1487 Jerry Groomes, Interim City Manager Jorge Rifa, City Administrator (323) 588-6211 Fernando Mendoza, Deputy City Admin. (323) 722-4805 ext. 2814 186 Click here to return to Agenda CITY OF CONCORD 1950 Parkside Drive Concord, CA 94519 Valerie Barone, City Manager (925) 671-3150 CITY OF DIAMOND BAR 21810 Copley Drive Diamond Bar, CA 91765 Jim DeStefano, City Manager Ryan McLean, Deputy City Manager (909) 839-7010 CITY OF EASTVALE 12363 Limonite Avenue, Ste. 910 Eastvale, CA 91752 Michele Nissen, City Manager (951) 361-0900 CITY OF ELK GROVE 8401 Laguna Palms Way Elk Grove, CA 95758 Laura S. Gill, City Manager (916) 478-2249 CITY OF FARMELD 1000 Webster Street Fairfield, CA 94533 David White, City Manager Dawn La Bar, Admin. Analyst (707) 428-7400 CITY OF FOLSOM 50 Natoma Street Folsom CA 95630 Evert Palmer, City Manager (916) 355-7350 {CITY OF FONTANA 8353 Sierra. Avenue Fontana, CA 92335 Ken Hunt, City Manager (909) 350-7600 CITY OF GLENDORA 116 East Foothill Blvd. Glendora, CA 91741-3380 Chris Jeffers, City Manager (626) 914-8201 CITY OF FIAWAIIAN GARDENS 21815 Pioneer Blvd. Hawaiian Gardens, CA 90716 Ernesto Marquez, City Manager (562) 420-2641 ext. 201 CITY OF HEMET 445 E. Florida Ave. Hemet, CA 92543 Gary Thornhill, Interim City Manager (951) 765-2301h CITY OF INDIAN WELLS 44-950 El Dorado Drive Indian Wells, CA 92210 Wade G. McKinney, City Manager Phone (760) 346-2489 CITY OF INDUSTRY 15625 East Stafford Street, # 100 Industry, CA 91744-3366 Paul Phillips, City Manager (626) 333-2211 CITY OF IRVINE 1 Civic Center Plaza Irvine, CA 92606-5207 Sean Joyce, City Manager (949) 724-6424 IRVINE COMMUNITY LAND TRUST One Civic Center Plaza, Third Floor Irvine, California 92606-5207 Mark Asturias, Executive Director (949) 724-7388 187 Click here to return to Agenda CITY OF IRWINDALE 5050 N. Irwindale Avenue Irwindale, CA 91706 John Davidson, City Manager (626) 430-2217 CITY OF JURUPA VALLEY 8930 Limonite Avenue Jurupa Valley, CA 92509 Gary Thompson, City Manager (951) 332-6464 CITY OF LA MIRADA 13700 La Mirada Blvd. La Mirada, CA 90638 Jeff Boynton, City Manager (562)943-0131 CITY OF LA PUENTE 15900 E. Main Street La Puente, CA 91744 David Carmany, City Manager (626) 855-1500 CITY OF LAGUNA HILLS 24035 El Toro Road Laguna Hills, CA 92653 Bruce E. Channing, City Manager Don White, Asst. City Manager (949) 707-2620 CITY OF LAKEWOOD 5050 Clark Avenue Lakewood, CA 90712 Howard Chambers, City Manager (562) 866-9771 CITY OF MORENO VALLEY 14177 Frederick Street Moreno Valley, CA 92552 Michelle Dawson, City Manager (951) 413-3020 CITY OF NORWALK 12700 Norwalk Blvd. Room 3 Norwalk, CA 90650 Mike Egan, City Manager (562) 929-5700 CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 John M. Wohlmuth City Manager (760) 346-0611 CITY OF PALMDALE 38300 Sierra Highway Ste. A Palmdale, CA 93550-4798 James Purtee, City Manager (661) 267-5100 CITY OF PARAMOUNT 16400 Colorado Avenue Paramount, CA 90723-5050 Linda Benedetti -Leal, City Manager (562)220-2225 CITY OF PLACENTIA 401 East Chapman Avenue Placentia, CA 92870 Damien Arrula, Acting City Administrator (714)993-8117 CITY OF POMONA 505 South Garey Avenue Pomona, CA 91766 Linda Lowry, City Manager (909)620-2051 CITY OF RANCHO CUCAMONGA 10500 Civic Center Drive Rancho Cucamonga, CA 91730 John Gillison, City Manager (909) 477-2700 CITY OF BEDDING P. O. Box 496071 777 Cypress Avenue Redding, CA 96001 Kurt Starman, City Manager (530) 225-5095 188 CITY OF ROSEMEAD 8838 East Valley Blvd. Rosemead, CA 91770 Jeff Allred, City Manager (626) 569-2104 CITY OF ROSEVILLE 311 Vernon Street Roseville, CA 95678 Rob Jensen, City Manager Mark Wolinski, Gov. Relations Analyst (916) 774-5362 CITY OF SAN BERNARDINO 300 "D" Street, 6"' Floor San Bernardino, CA 92418 Allen Parker, City Manager (909) 384-5I22 CITY OF SANTA FE SPRINGS 11710 E. Telegraph Road Santa Fe Springs, CA 90670 Thaddeus McCormack, City Manager (562) 868-0511 ext. 7510 CITY OF SIGNAL HILL 2175 Cherry Avenue Signal Hill, CA 90755 Charlie Honeycutt, City Manager (562)989-7302 CITY OF SDU VALLEY 2929 Tapo Canyon Road Simi Valley, CA 93063-2199 Eric Levitt, City Manager (805)583-6701 CITY OF SOUTH GATE 8650 California Avenue South Gate, CA 90280 Michael S. Flad, City Manager Richard J. Luna, Management Analyst (323) 563-9503 Click here to return to Agenda CITY OF THOUSAND OAKS 2100 Thousand Oaks Blvd. Thousand Oaks, CA 91362 Scott Mitnick, City Manager Mina M. Layba, Leg. Affairs Manager (805) 449-2121 CITY OF TORRANCE 3031 Torrance Blvd. Torrance, CA 90503 LeRoy J. Jackson, City Manager (310) 618-5880 CITY OF TWENTYNINE PALMS 6136 Adobe Road Twentynine Palms, CA 92277 Frank Luckino, City Manager & Finance Dir.. (760) 367-6799 CITY OF VALLEJO 555 Santa Clara Street Vallejo, CA 94590 Daniel E. Keen; City Manager Craig Whittom, Asst. City Manager (707) 648-4576 CITY OF VERNON 4305 S. Santa Fe Avenue Vernon, CA 90058 Mark Whitworth, City Administrator (323) 583-8811 ext. 228 CITY OF VICTORVILLE 14343 Civic Drive P. O. Box 5001 Victorville, CA 92393-5001 Doug Robertson, City Manager Keith Metzler, Asst. City Manager (760) 955-5025 189 Click here to return to Agenda CITY OF WALNUT 21201 La Puente Road Walnut, CA 91789 Robert M. Wishner, City Manager (909)595-7543 CITY OF WEST COVINA 1444 West Garvey Avenue, Room 305 West Covina, CA 91790 Thomas G. Mauk, City Manager Chris Freeland, Asst. City Manager (626)939-8401 CITY OF'WILDOMAR 23873 Clinton Keith Rd, Ste. 201 Wildomar, CA 92595 Gary Nordquist, City Manager (951) 677-7751 `•e ' Joe A. Gonsalves & Son Anthony D. Gonsalves Jason A. Gonsalves �1f i 1 Paul A. Gonsalves L PROFESSIONAL LEGISLATIVE REPRESENTATION ' 1 I 925 L ST. • SUITE 250 • SACRAMENTO, CA 95614-3766 -7� 916441.0587 FAX918441.508t Email; gaa. FAX 916 441lvi. cam LEGISLATIVE ACCOMPLISHMENTS Click here to return to Agenda LEGISLATION SUBJECT SUMMARY Authorizes the creation of an infrastructure and revitalization financing district and the issuance of debt with 213 voter approval. The bill would authorize the creation of a district for up to 40 years and the issuance of debt with a final maturity date of up to 30 years. The bill would authorize a district to finance projects in redevelopment project areas and former AB 229 (Perez) IFD's redevelopment project areas and former military bases. - Signed by Governor Authorizes the legislative body of a city or a county, defined to include a city and county, to establish an enhanced infrastructure financing district, adopt an infrastructure financing plan, and issue bonds, for which only the district is liable, upon approval by 55% of the voters; to finance public capital facilities or other specified projects of communitywide significance. The bill would also authorize an enhanced infrastructure financing district to utilize any SB 628 (Beall) Enhanced IFD's powers under the Polanco Redevelopment Act. - Signed by Governor Would reenact, revise, and recast specified provisions relating to the California Massage Therapy Council to, among other things, establish an interim board of directors to govern the council until September 1, 2015, and provide for the appointment of a new board of directors consisting of 13 members, as specified, whose 4-year terms would begin on that date. - Signed AB 1147 (Gomez) Massage Therapy lby Governor Extends the scope of the credits for a qualified motion picture to the applicable percentage of qualified expenditures up to $100,000,000, would extend the credit to qualified expenditures for television pilot episodes, and would determine an applicable percentage of 25% or 20% for qualified expenditures. This bill would limit the aggregate amount of these new credits to be allocated in each fiscal year to up to $330 million, and would, subject to a computation and ranking of applicants based on the jobs ratio, as defined, require the California Film Income Taxes: Qualified motion Commission to allocate credit amounts subject to specified categories of qualified motion AB 1839 (Lotto) pictures pictures. - Signed by Governor Would create the Gold Coast Transit District in the County of Ventura. The bill would provide that the jurisdiction of the district would initially include the Cities of Oxnard, Ventura, Port Hueneme, and Ojai and the unincorporated areas of the County of Ventura. The bill would authorize other cities in the County of Ventura to subsequently join the district. The bill would dissolve the existing joint powers agency known as Gold Coast Transit, and AB 664 (Williams) Gold Coast Transit District would create the district, on July 1, 2014. - Signed by Governor Requires the Attorney General to finnish, and would authorize a local criminal justice agency Paratransit Providers: Criminal to furnish, summary criminal information to a specified social services paratransit agency with AB 971 (Garcia) History respect to its contracted providers. - Signed by Governor This bill would, instead of separate allocations to the central and southern zones, establish a maximum of49 racing weeks per year in the combined central and southern zones. The bill would also require the board to allocate from those weeks a minimum number of weeks to certain racetracks in the central and southern zones that were used to conduct thoroughbred race meetings prior to 2012 and would authorize the board to allocate from those weeks a maximum number of weeks to certain racetracks in the southern zone that were not used to AB 1074 (Atkins) Horse Racing 1conduct thoroughbred race meetings in the southern zone prior to 2012. - Signed by Governor "Partial List" 191 Click here to return to Agenda Authorizes the California Horse Racing Board, notwithstanding any other law, to allocate racing days to a fair in the northern zone to be conducted by the fair or, at the request of the fair, to authorize the board to license a racing association that was licensed by the board to conduct racing meetings in California prior to 2010 to conduct live horse racing at the fair AB 1303 (Hall) Horse Racing: Satellite Wagering during the dates allocated to the fair by the board. - Signed by Governor Would require a city or county, including a charter city or charter county, to apply for a coastal development permit t0 remove or restrict the use of a beach fire ring, as defined, and would require that application to include specified information. The bill would not affeet the applicability of a specified provision relating to ambient air quality standards, emission standards, or air pollution control programs or facilities established by the State Air Resources AB 1102 (Allen) Beach Fire Rings Board or an air pollution control or air quality management district. - Detirated Legsilation Proposed to permit the legislative body of a city to provide by ordinance, without submitting the ordinance to the voters of the city for approval, for the election of members of the legislative body by district if the voters of the city previously rejected such an ordinance. - AB 1383 (Hernandez) District -Based Elections Defeated Legislation Proposed to permit the legislative body of a city to provide by ordinance, without submitting the ordinance to the voters of the city for approval, for the election of members of the legislative body by district ifthe voters of the city previously rejected such an ordinance. - AB 2715 (Hernandez) District -Based Elections Defeated Legislation Requires the Department of Veterans Affairs, in voluntary cooperation with local government entities in Orange County, to design, develop, construct, and equip a state-owned and state - operated Southern California Veterans Cemetery to be located at a specified site in the City of Irvine. Subject to specified requirements described in federal law, the bill would make honorably discharged veterans, their spouses, and eligible dependent children eligible for AB 1453 (Quirk -Silva) Southern CA Veterans Cemetery interment in the cemetery. - Signed by Govemor Allows an owner of residential property in the Cities of Pahndale and Lancaster in the County of Los Angeles or the City of Ukiah in the County of Mendocino, or an agent of the property owner, to register vacant real property with the local law enforcement agency and to execute, under penalty of perjury, a Declaration of Ownership of Residential Real Property. - Signed AB 1513 (Fox) Resdential Property by Governor Requires, by July 1, 2015, the Department of General Services to complete a long-range planning study of the state-controlled and owned office buildings in the County of Sacramento and the City of West Sacramento, including the headquarters of the State Board of Equalization (BOE), for the management of the states space needs in the Sacramento region. The bill would require the Director of General Services to issue one or more requests for Dept. of General Services: State proposals for the planning, design, construction, and acquisition of facilities recommended by AB 1656 (Dickenson) Buildings the Legislature based on the planning study. - Signed by Governor This bill would repeal the provisions specifically relating to Ventura County and the expenditure of local transportation funds there. This bill would also require the Ventura County Transportation Commission to post on its Internet Web site an annual report for 5 Local Transportation Funds: years, beginning September 1, 2014, on transit service within the county. - Signed by SB 203 (Pavley) Ventura County Governor Includes within the definition of "local agency executive" any person who is a deputy or assistant chief executive officer, and any person whose position is held by an employment SB 407 (Hill) Local Government Contracts contract between that person and the local agency. - Signed by Governor The California Integrated Waste Management Act of 1989 defines "biomass conversion," to mean the controlled combustion used for the production of heat or electricity of specified materials for the purposes of the act. This bill would revise the definition ofthe term "biomass conversion" to mean the production of heat, fuels, or electricity by the controlled combustion of, or the use of other noncombustion thermal technologies on, those specified materials, - SB 498 (Lars) Solid Waste: Biomass Conversion Signed by Governor —Partial List- 192 Click here to return to Agenda Specifies that the results of the survey are to be considered by the local agency in making its decision to approve, conditionally approve, or disapprove the map. The bill would authorize the local a gency to disapprove the map if it finds that the results of the survey have not demonstrated the support of at least a majority of the park's homeowners. - S igned by SB 510 (Jackson) Land Llsc: Mobile Home Parks Govemor Provides that an advertising display advertising businesses and activities within the boundary limits of, and as a part of, an individual redevelopment agency project, as the project boundaries existed on December 29, 2011, may remain and be considered an on -premises display, until January 1, 2023, if the advertising display meets specified criteria. This bill would authorize, on and after January 1, 2022, the applicable city, county, or city and county to request from the Department of Transportation an extension for good cause, as specified, Advertising Displays: beyond January 1, 2023, not to exceed the expiration of the redevelopment project area. - SB 684 (Hill) Redevelopment project areas Signed by Govemor Current law designates illnesses and conditions that constitute a compensable injury for various employees, such as California Highway Patrol members, firefighters, and certain peace officers. These injuries include, but are not limited to, hernia, pneumonia, heart trouble, cancer, meningitis, and exposure to a biochemical substances, when the illness or condition develops or manifests itself during a period when the officer or employee is in service of his or her employer, as specified. This bill would expand the coverage of the above provisions relating to compensable injury, to include all peace officers described under specified AB 2052 (Gonzalez) Workers Compensation I provisions of law. - Vetoed by Governor Would require solicitations of customers by a community choice aggregator contain, and communication by the community choice aggregator to the public or prospective and existing customers to be consistent with, specified information and would require that the implementation plan filed by a community choice aggregator completely describe certain matter required to be disclosed under existing law. The bill would authorize the Public Utilities Cotntnission to require that a community choice aggregator, when registering with Electricity: Community Choice the commission, provide additional information to ensure compliance with basic consumer AB 2145 (Bradford) Aggregation protection and other rules and other procedural matters. - Vetoed by Governor Current law requires that aggregate disability payments for a single injury occurring on or after certain dates be limited, as provided. This bill would provide that the above -specified leaves of absence without loss ofsalary are payable in addition to the maximum aggregate disability payments for a single injury that is applicable to all workers. The bill would snake Workers Compensation: Disability these provisions applicable to all claims, regardless of the date of injury. - Vetoed by AB 2378 (Peres) payments Governor This bill would authorize the Los Angeles County Fair, subject to approval by the board, to conduct live racing meetings at another site within or outside of the County of Los Angeles in SB 721 Horse Racing accordance with specified provisions. - Signed by Governor Reallocates vehicle license fee (VLF) revenues to recently incorporated cities and to cities that AB 1098 (Carter) Vehicle License Fees: allocation annexed inhabited territory. - Vetoed by Governor Infrastructure financing districts: Eliminates the voter approval requirement for a city or county to create an infrastructure voter approval: repeal. financing district (rFD) and expands the types of projects that may be financed by an IFD. - SB 214 (Wolk) Vetoed by Governor Expands the types of facilities and projects that can be financed under the infrastructure fitancing district (117D) law, reduces the voter threshold for the creation of an IFD and the issuance of bonds for the IFD, authorizes an IFD to utilize the powers provided under the Local government: infrastructure Polaneo Redevelopment Act (Polanco Act), and renarnes IFD law is the Infrastructure and and revitalization financing districts. Revitalization Financing District (IRFD) Act. - Vetoed by Governor AB 2 t 44 (J. Perez) This bill establishes a uniform disincorporation process for any city with a population of less than 150 persons as of January 1, 2010, and allows that city's respective county board of Local Governments: Cities supervisors to vote to continue the existence ofthat city within the county's boundaries in AB 46 (J. Perez) certain circmnstances. - Defeated Legislation Property taxes: TEA formula allocation maintenance or Clarifies how property taxes will be distributed to the City of Simi Valley once the City improvement districts: City of Simi becomes the successor agency after the dissolution ofthe City's maintenance district. - Signed AB 468 (Smyth) Valley by Governor —Partial List" 193 Click here to return to Agenda Appropriates funds to the Infill Incentive Grant Program and to the Transit- Oriented Community Development Development Program created by Proposition 1 C: Housing and Emergency Shelter Trust Fund Act of 2006. - Signed by Governor AB 1535 (J. Perez) This bill is the redevelopment trailer bill for the 2012-13 Budget. it clarifies certain matters associated with the dissolution of RDAs and addresses substantive issues activities, repayment of loans from corrununities, use of existing bond proceeds, and the disposition or retention of Redevelopment former RDA assets. In addition, the bill includes a variety of measures designed to enhance compliance related to administrative processes, affordable housing. - Signed by Governor AB 1484 (Budget) Local planning: infill and Tansi. - Proposed to establish parking standards for new transit -oriented development. - Defeated oriented development. Legislation AB 710 (Skinner) Makes changes to eligibility criteria and the requirements developed and used by the Community Development Block Department of housing and Community Development to allocate funds under the federal AB 232 (V. Perez) Program: Funds Community Block Grant Program to cities and counties. - Signed by the Governor Prohibits a city or county from requiring a minimum number of off-street parking spaces in Local Government: Parking: transit -intensive areas, according to a specified formula for residential and nonresidential AB 904 (Skinner) Requirements areas. - Defeated Legislation Provides that if a city, county, or city and county has an ordinance in place that requires the local entity to repair sidewalks, a repeal of the ordinance shall become effective only if the repealing ordinance is approved by voters on the measure in a consolidated or general election. Makes these provisions applicable to charter entities. Prohibits such local entities from imposing a fee, charge or assessment, except a voluntary contractual assessment for such AB 2231 (Fuentes) Sidewalks: Repairs irepairs, unless the ordinance is repealed. - Defeated Legislation Prohibits a water district located in a county with a specified population and where at least 80% of the area of the district is included within the boundaries of a water replenishment Municipal Water Districts: Water district from having specified authority relating to the storage of groundwater. - Signed by SB 1386 (A. Lowenthal) Storage: Groundwater Governor Authorizes the South Coast Air Quality Management District (SCAQMD), notwithstanding a South Coast Air Quality superior court decision, to issue emission reduction credits to "essential public services" and Management District: CEQA: exempt facilities or equipment, consistent with SCAQMD rules; adds an urgency clause; and, SB 827 (Wright) permits. sunsets the bill on May I, 2012. - Signed by Governor This bill adds an additional seat on the board directors of the South Coast Air Quality Management District for the City of Los Angeles, makes clarifying provisions regarding. which cities are represented by which geographical city selection committee, and deletes Management districts: district prohibitions on a member serving more than two consecutive terms as chair on specified air SB 886 (McLeod & Lieu) board quality management districts. - Signed by Governor Deletes the 2010 sunset date on the South Coast Air Quality Management District's (SCAQMD) authority to unpose an additional $1 fee on motor vehicles that are registered within its district boundaries to fund programs to reduce air pollution from motor vehicles, Increases, from 2.5% to 5%, the amount that SCAQMD may spend on its administrative costs. SB 1646 (Padilla) Air Pollution Fee - Signed by Governor Authorizes the continuation of the allocation of tax increment revenues to the Glendora Community Redevelopment agency from its Project Area 3. Currently, the amount of tax increment revenue is limited by a cap adopted by the agency in 1976. This measure provides for annual allocation ofthe greater of either $2.6 million or the gross tax increment received in 2007-08 by the agency, commencing in 2008-09 through life of the project. - Signed by SBX3 8 (Dueheny) State and Local Government Governor Shifts the horse racing industry's $40 million annual obligation to fund the network of California Fairs from license fees imposed on horse racing wagers to the General Fund. Provides various measures ofeconomic stimulus for the horse racing industry. - Signed by SBX2 16 (Ashburn) Horse Racing: Licensing fees Governor "Partial List- 194 Click here to return to Agenda Prohibits a local agency from entering into any form of agreement with a retailer that would involve the shifting of any amount of Bradley -Bums local tax proceeds if the agreement results in a reduction in the amount of revenue that is received by another local agency from Local agencies: sales and use tax: the same retailer if it is located within that other local agency, and continues to maintain a SB 27 (Hancock) reallocation. physical presence and location there. - Signed by Governor This bill authorizes the Director of the Department of General Service to sell, lease or exchange approximately three acres of state-owned real property located at 875 Cypress Avenue, in the City of Redding, that is specifically not declared surplus to the State's needs and is currently used by the Department of Forestry and Fire Protection as its Shasta -Trinity State property: Department of Unit Headquarters, for the purpose of consolidating operations on or near the Redding SB 178 (Aanestad) Forestry and Fire Protection Airport. -Signed by Governor Revises the definition of "remote interest" in the existing conflict of interest statute pertaining to government officials in order to allow a government entity to enter into a contract with an Conflict of interest: remote interest investor -owned utility (IOU), if the purpose ofthe contract is to provide energy efficiency. - AB 906 (Hill & Smyth) in a contract. Signed by Governor Prohibits a local public entity, as defined, from exercising its rights under applicable federal bankruptcy law unless granted approval by the California Debt and Investment Advisory AB 155 (Mendoza) Local Government Bankruptcy Commission (CDIAC), under CDIA.C's terms and conditions. - Defeated Legsilation Land use: sales and use tax and Sales Tax Sharing - Proposed to shift local government Bradley -Burns sales and use tax AB 680 (Steinberg) property tax revenue from sites to population- - Defeated Legislation Proposed to exchanges a portion of a city's or county's locally levied sales tax revenue for an AB 1221 (Steinberg) Sales Tax Sharing equivalent amount of property tax revenue from the state. - Defeated Legislation As the chief negotiator for the Assembly Republican Caucus, Assemblymember Keene has repeatedly said "Proposition 1 A would not have happened without the Gonsalves finn". Our firm is recognized as the leading contract lobbying frnn responsible for brokering the compromise that ensured local governments Bradley -Bums sales tax revenue was Constitutionally protected. Proposition l A was passed by the California Assembly by a vote of 64-13. It was approved by the California State Senate by a vote of 34-5.- Prop 1.4 passed with 9,411,198 (83.7%) votes in favor. SCA 4 (Torlakson) Prop IA -Local Government Guaranteed a minimum share of property taxes to 100 + Cities that did not levy a property tax SB 709 (Lockyer) No & Low Tax City Legislation rate (or levied only a very low rate) prior to Proposition 13. -Signed by Governor Allocated an additional 1 cent per year up to 7 cents of the Property Tax to all No & Low Tax AB 1197 (Brown) No & Low Tax City Legislation Cities. - Signed by Governor Authorized the Chino Valley Unified School District to transfer specified surplus property Surplus Property: Chino Valley previously acquired from the state, to the City oWbino Hills, in the County of San AB 1981 (Huff) Unified School District Bernardino, subject to certain conditions for development of a park. - Signed by Governor Authorized all cities and counties in California to designate areas which city officials and willing property owners may enter into contractual assessments to finance the installation of Contractual assessments: energy distributed generation renewable energy sources and energy efficiency improvements. - AB 811 (Levine) efficiency improvements Signed by Governor Allows the City of Simi Valley to survey, lay out, own and operate for burial, five or more AB 1932 (Smyth) Simi Valley: public cemeteries acres of public land for burial purposes. - Signed by Governor Deletes the 2010 sunset date on the South Coast Air Quality Management District's (SCAQMD) authority to impose an additional $1 fee on motor vehicles that are registered South Coast Air Quality within its district boundaries to fund programs to reduce air pollution from motor vehicles. Management District: air pollution Increases, from 2,5% to 5%, the amount that SCAQMD may spend on its administrative costs. SB 1646 (Padilla) fee Signed by Governor Specifically defined Access Services (ASI), the transit agency which provides transportation SB 1124 Local Government Omnibus Act of for people with disabilities under the Americans with Disabilities Act (ADA) for Los Angeles (Loc. Gov. Cunt) 2008 County as a public agency under state law. -Signed by Governor -Partial List« 195 Click here to return to Agenda Added the Angora Fire, which occurred in the Lake Tahoe Basin in June of 2007, to the list of disasters eligible for full state reimbursement of local agency costs under the California SB 1308 (Cox) Disaster Assistance Disaster Assistance Act (CDAA). -Signed by Governor Reinstated the VLF bump for newly incorporated Cities after Proposition 1A, -Signed b}• AB 1602 (Laird) Local Government Finance Governor Repeals the 55% cap in Santa Clara County on tax equity allocation (TEA) funding for the Tax Equity Allocation formula: county's four no/low-property-tax cities starting in the 2006-07 fiscal year (FY). - Signed by AB 117 (Cohn) County of Santa Clara. Governor Allows the Cerritos redevelopment agency to extend the time limits on their plans without AB 1342 (Napolitano) Redevelopment Plans making findings of blight -Signed by Governor This measure would request the Department of Transportation, in cooperation with the Business, Transportation and Housing Agency, the Trade and Commerce Agency, the California Transportation Commission, and other appropriate parties, to prepare a proposal for a "Global Gateways Development Program" to enhance intermodal freight access. - Signed SCR 96 (Karnette) Intermodal Freight Access by Governor Requires that for purposes of reporting and transmitting any use tax, with respect to the lease of a motor vehicle, the place of use shall be the city and/or county in which the lessor's place SB 602 (Wright) Local Use Tax: Leased Vehicles of business is located if the lessor is a new motor vehicle dealer. - Signed by Governor This bill provided recycled water producers, retail water suppliers, and entities responsible for groundwater replenishment, the ability to cooperate in joint studies to determine the feasibility of providing recycled water service and recycled water for groundwater replenishment, as AB 609 (Mar ett) Recycled Water specified. - Signed by Governor This bill provided that, until January 1, 2002, neither a public agency that operates flood control and water conservation activities, nor its employees shall be liable for an injury caused Flood Control and Water by the condition or use of unlined flood control channels or adjacent groundwater recharge AB 2023 (Gallegos) Conservation Liability spreading grounds. -Signed by Governor. This bill, until January 1, 2002, required the State Department of Food and Agriculture (CDFA), over the next two years, to conduct statewide monthly retail milk price surveys and a public information program that provides the survey's findings, and to report back to the SB 419 (S eier) Dai Products Legislature. -Signed by Governor Establishes a racetrack backstretch employee labor relations process; requires the California Horse Racing Board (CHRB) to adopt housing standards for employee housing at racetracks; and, authorizes CHRB to permit racing associations to accept "advanced deposit wagers," as AB 471 (Hertzberg) horse Racing defined. -Signed by Governor. This bill would required an educational travel organization, that arranges educational travel programs to enter into a contract with an educational institution containing a specified itemized statement of services prior to arranging an educational travel program. — Signed by SB 142 (Boatwright) Sellers of Travel Governor Authorized the cities participating in the Magnolia Power Project to aggregate their electricity Aggregation: Magnolia Power loads and provide direct electricity access to their residents on an opt -in basis. - Signed by AB 80 (Havice) Project Governor ""Partial List"' 196 Toe A. Gonsalves 81 ,Son Anthony D. Gonsalves Jason A. Gonsalves l 1 W Paul A. Gonsalves �+ PROFESSIONAL LEGISLATIVE REPRESENTATION 1 925 LST. • SUITE 260 - SACRAMENTO, CA U814.5766 916441.OW - FAR 616 411.6961 i gonWves@gDamM.com PROJECT FUNDING SECURED BY: JOE A. GONSALVES & SON Click here to return to Agenda GALEBRj 40 19 Project Name .foe A. Gonsalves & Son Client i 1 Grant Amount $ Roseville Public Library City of Roseville $10,000 Pomona Public Library City of Pomona $8,500 Irwindale Public Library City of Irwindale $5,000 i Beaumont Library District City of Beaumont $95,000 Torrance Public Library City of Torrance $16,075 Santa Fe Springs City Library City of Santa Fe Springs $19,000 f Rancho Cucamonga Public Library City of Rancho Cucamonga $561,982 Hemet Public Library City of Hemet $28,657 Folsom Public Library City of Folsom $23,000 Safe Routes to School City of Redding $373,700 Safe Routes to School City of Alameda $276,900 197 Click here to return to Agenda Safe Routes to School City of Concord Safe Routes to School City of Claremont Safe Routes to School City of La Puente Safe Routes to School City of Palmdale Safe Routes to School City of South Gate Safe Routes to School j City of Thousand Oaks Safe Routes to School City of Eastvale Safe Routes to School City of Fontana Safe Routes to School p City of Moreno Valley Safe Routes to School City of Wildomar Safe Routes to School City of Placentia Safe Routes to School City of Pomona Proposition 1 B Trade Corridor Improvement port of Long Beach Fund State Highway Operation and Protection port of Long Beach Program Statewide Park Development & Community City of South Gate Revitalization Program Statewide Park Development & Community City of Rosemead $436,400 $450,000 $387,000 $449,800 $449,500 $332,000 $150,100 5254,200 $416,700 $170, 800 $409,000 $900,000 $299,795,000 $200,205,000 $2,000,000 $3,134,066 198 Click here to return to Agenda Revitalization Program - - - - - - --- - --- - - - - Statewide Park Development & Community City of Rancho Cucamonga $3,941,136 Revitalization Program Statewide Park Development & Community City of Paramount $4,580,902 Revitalization Program Safe Routes to School City of La Puente $664,470 Bruggemeyer Memorial Library J City of Monterey Park $8,845,850 Camarillo Library City of Camarillo $15,621,473 Fairfield Cordelia Library City of Fairfield $4,100,385 Fontana Library City of Fontana $14,900,075 Lawndale Library City of Lawndale $7,300,132 National City Public Library City of National City $11,112, 814 Redding - Shasta County Library City of Redding $12,177,532 Victoria Gardens Library City of Rancho Cucamonga $7,752,688 SF Bay to Stockton Ship Channel Deepening Port of Stockton $17,500,000 Project I Sacramento River Deep Water Channel City of West Sacramento — - $10,000,000 Project Fort of Sacramento i Gateway -Valley Grade Separation City of Santa Fe Springs $25,570,000 199 Click here to return to Agenda Washington Blvd Widening & City of Commerce $5,800,000 Reconstruction Project Gerald Desmond Bridge Replacement Port of Long Beach $250,000,000 I Ports Rail System Pier F Port of Long Beach $4,650,000 Ports Rail System Track Realignment Port of Long Beach $23,960,000 Port Rail System Pier B Realignment Port of Long Beach $4,180,000 I Port Terminal island Track Realignment Port of Long Beach $3,790,000 Port Computerized Train Control Port of Long Beach $11,850,000 Reeves Ave Closure and Grade Separation Port of Long Beach $31,190,000 Navy Mole Storage Yard Port of Long Beach $5,930,000 New Cerritos Rail Bridge/Triple Track S. of Port of Long Beach $38,330,000 West Basin road Rail Access Improvements Port of Long Beach $47,560,000 Pier 400 Second Lead Track Port of Long Beach $3,670,000 Sunset Avenue Grade Separation City of Banning $10,000,000 i Corridor Logistics Access Project (Cherry iCity of Fontana $30,773,000 Street) Corridor Logistics Access Project (Citrus City of Fontana $23,600,000 Street) Corridor Logistics Access Project (Riverside i City of Fontana $14,096,000 200 Click here to return to Agenda Street) Glen Ridge Apartments City of Carlsbad $5,921,777 CalHome City of Roseville $600,000 CalHome City of Chino $400,000 CalHome City of Vista $600,000 CalHome City of Redding $600,000 CalHome City of Fairfield $600,000 CalHome City of Yuba City $600,000 Palmdale Transit Village City of Palmdale $2,200,000 Santa Barbara Estates, Units 3 & 4 City of Redding $132,300 Santa Monica City of Fairfield $1,080,000 Central Station Town Homes City of Fillmore $480,000 Westerner Mobile Home Park City of Elk Grove $250,000 Mountain View Terrace Apartments City of Beaumont $2,960,000 Westview Terrace Apartments City of Banning $2,833,000 I � CalHome City of Pomona $900,000 CalHome City of Fairfield $900,000 201 Click here to return to Agenda CalHome City of Simi Valley $900,000 Workforce Housing Reward Program City of Concord $324,800 Workforce Housing Reward Program City of Roseville $20,240 Workforce Housing Reward Program City of West Sacramento $54,880 Computers, Vehicles for Sheriff Station City of Bellflower $30,000 Restoration of Camarillo Ranch City of Camarillo $493,000 a Cascade Park City of Monterey Park $225,000 Community Center City of Irwindale $150,000 Mae Boyer Park City of Lakewood $750,000 Historic Roseville Project City of Roseville $250,000 Preservation of Camarillo Ranch City of Camarillo $492,605 School Bus Replacement City of Ventura $300,000 Langley Senior Center City of Monterey Park $350,000 La Loma Park Renovation City of Monterey Park $150,000 Sleepy Hollow Community Center City of Chino Hills $250,000 Alternative to Gang Programs City of Bellflower $50,000 Performing Arts Center City of La Mirada $400,000 202 Click here to return to Agenda ERAF Adjustment/Correction City of Laguna Niguel Pavement Improvement Program City of Lakewood East Ventura Park Police Services Sports Complex Youth Facility Improvements Tiger Field Improvements BOE Use Tax Refund Total Project Grants $b00,000 $700,000 City of Ventura $250,000 City of La Mirada $500,000 City of Redding $10,000,000 City of Palmdale City of Redding City of Redding $500,000 $500,000 $1,500,000 $1,208,628,639 203 AB 554 AB 560 ' Joe A. Gonsalves & Son Anthony D. Gonsalves Jason A. Gonsalves iI I t l l' Paul A. Gonsalves f ` PROFESSIONAL LEGISLATIVE REPRESENTATION f I 925 L ST. - SUITE 250 • SACRAMENTO, CA 95814.3788 — BIG +W1407•FAX 916MI.5081 Email: goaaalveoggoaaam. com Click here to return to Agenda GrLEBR q�� �c Im t! �; Sample Weekly legislative Report (Mullin D) Elections. precinct board members. Current Text: Chaptered: 811012015 -Ldf hind Introduced: 212312015 Status. 811012015-Chaptered by Secretary of State - Chapter 150, Statutes of 2015. Location: Assembly Chaptered Calendar: Desk Policy Fiscal Floor Desk Policy Fiscal Floor Canf. F�ed Vetoe Chapters 1st House 2nd House Cone. Enrolld, d Summary: Current law requires that each member of a precinct board be a voter of the county, except that an elections official may appoint not more than 5 pupils per precinct to serve under the direct supervision of designated board members, as specified. This bill would additionally authorize an elections official to appoint a pupil who is lawfully admitted for permanent residence in the United States, as defined in federal law, to serve as a precinct board member. (Gomez D) Civil actions: immigration status. Current Text.- Chaptered: 811012015 ndf html Introduced: 212312015 Status: 811012015-Chaptered by Secretary of State - Chapter 151, Statutes of 2015. Location: Assembly Chaptered Calendar: Policy I Fiscal JJ Floor 1st House R76nf.eal FloorFnroll�ed VetoFise Chapters E 2nd House :Would Summary: Current law declares, for the purposes of enforcing state labor, employment, civil rights, and employee housing laws, that a person Is immigration status is irrelevant to the issue of liability and that discovery into a person's immigration status is prohibited unless the person seeking to make the inquiry has shown by clear and convincing evidence that the inquiry is necessary to comply with federal immigration law. This bill would additionally provide that the immigration status of a minor child seeking recovery under any applicable law is irrelevant to the issues of liability or remedy and wouldprohibit discovery or other inquiry in a civil action or proceeding into a minor child's immigration status, with specified exceptions. 204 Click here to return to Agenda SB 348 (GaXiani D) California Environmental Quality Act. exemption: railroad crossings. Current Text: Chaptered: 81712015 Pdf html Introduced. 212412015 Status: 81712015-Chaptered by Secretary of State - Chapter 143, Statutes of 2015. Location: Senate Chaptered Calendar: Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Vetoe Chaptere I st House 2nd House Cone. Enrolled d d Summary: CEQA exempts from its requirements railroad grade separation projects that eliminate existing grade crossings or that reconstruct existing grade separations. CEQA authorizes a lead agency, if it determines that a project is exempt from the requirements of CEQA, to file a notice of exemption with specific public entities. This bill would require a lead agency, if it determines that the above exemption applies to a project that the agency approves or determines to carry out, to file a notice of exemption with the Office of Planning and Research and, in the case of a local agency, with the county clerk in each affected county. SB 354 (H�f R) California Public Employees' Pension Reform Act of 2013: joint powers authority: employees Current Text. Chaptered: 811012015 Pdf html .Introduced: 212412015 Status: 811012015-Chaptered by Secretary of State - Chapter 158, Statutes of 2015. Location: Senate Chaptered Calendar: Desk Police Fiscal Floor' Desk Policy Fiscal Floor Conf. Enrl ©fled l Vetae Chaptere Ist House 2nd House Cone. d d Summary: PEPRA authorizes a joint powers authority formed by the Cities of Brea and Fullerton on or after January 1, 2013, to provide employees who are not new members under PEPRA with the defined benefit plan or formula that was received by those employees from their respective employers on December 31, 2012, if they are employed by the jointpowers authority without a break in service of more than 180 days. This bill would revise the period during which the authorization granted to a jointpowers authority formed by the Cities of Brea and Fullerton to provide specified retirement benefits, as described above, may be applied. SBXI I (Beall D) Transportation funding. Current Text. Amended. 711412015 vdf html Introduced. 612212015 Status: 71141201 S From committee with author's amendments. Read second time and amended. Re -referred to Cam. on T. & I.D. Location: Senate T. & LD. Calendar: 811912015 9:30 a.m. -John L. Burton Hearing Room (4203) SENATE TRANSPORTATION AND INFRASTRUCTURE DEVELOPMENT, BEALL, Chair ,— --,- Desk Policy Fiscal Floor D s Paliey ; Fiscal Floor Conf. Yetoe l Chaptere l, Conc. I Enrolled d I d 1st House 2nd House I Summary: Would create the Road Maintenance and Rehabilitation Program to address deferred maintenance on the state highway system and the local street and road system. The bill would require the California Transportation Commission to adopt performance criteria to ensure efficient use of the funds available for the program. This bill contains other related provisions and other existing laws. 205 Click here to return to Agenda SBXI 3 (Vidak R) Transportation bonds: highway, street, and road projects. Current Text: Introduced: 71112015 pdf html Introduced: 71112015 Status: 71212015-From printer. Location: Senate T. & I.D. Calendar: 811912015 9:30 am. -John L. Burton Hearing Room (4203) SENATE TRANSPOR TA TION AND INFRASTRUCTURE DEVELOPMENT, BEALL, Chair ___------- , Desk Policy Fiscal ]'Floor i Desk Policy Fiscal f Floor Conf. Enrolled Vetoe Chaptere i 1st House 2nd House Conc. d d Summary: Wouldprovide that no further bonds shall he sold for high-speed railpurposes pursuant to the Safe, Reliable High -Speed Passenger Train BondAct for the 21st Century, except as specifically provided with respect to an existing appropriation for high-speed rail purposes for early improvement projects in the Phase I blended system. The bill, subject to the above exception, would require redirection of the unspent proceeds from outstanding bonds issued and sold for other high-speed rail purposes prior to the effective date of these provisions, upon appropriation, for use in retiring the debt incurred from the issuance and sale of those outstanding bonds. SBXI 9 (Moarlach R) Department of Transportation. Current Text: Introduced: 711612015 Pdf html Introduced: 711612015 Status: 711612015 Introduced Read first time. Referred to Coin. on T. & I.D. To print Location: Senate T. & I.D. Calendar: 811912015 9:30 a.m. - John L. Burton Hearing Room (4203) SENATE TRANSPORTATION AND INFRASTRUCTURE DEVELOPMENT, BEALL, Chair --.._._.. _.-.. _ ....... .... .._...... Desk Policy Fiscal Floor Desks Policy i Fiscal Floor Con .� �— _ ' Vetoe Enrolled; Chaptere j �f 1st House 2nd House Cone. I d E d I Summary: Current law creates the Department of Transportation with various powers and duties relative to the state highway system and other transportation programs. This bill would prohibit the department from using any nonrecurring funds, including, but not limited to, loan repayments, bond funds, or grant funds, to pay the salaries or benefits of anypermanent civil serviceposition within the department This bill contains other related provisions and other current laws. SBXI 10 (Bates R) Regional transportation capital improvement funds. Current Text. Introduced: 71.1612015 vdf html Introduced. 711612015 Status: 7116120I5 Introduced Read first time. Referred to Com. on T. & I.D. To print Location: Senate T. & I.D. Calendar: 811912015 9:30 a.m. -John L. Burton Hearing Room (4203) SENATE TRANSPORTATIONAND INFRASTRUCTURE DEVELOPMENT, BEALL, Chair DQsk Policy Fiscal Floor Desk Polic 1 � — �__— ! �y Fiscal Floor Con . Vetoe Cho tere ---- -^ Conc. Enrolled! d d �Nlst House 2nd House Summary. Current law requires funds available for regional projects to be programmed by the California Transportation Commission pursuant to the county shares formula, under which a certain amount of funding is available far programming in each county, based on population and miles of state highway. Current law specifies the various types ofprojects that may be funded with the regional share offunds to include state highways, local roads, transit, and others. This bill would revise the process far programming and allocating the 75% share of state and federal funds available for regional transportation improvement projects. 206 Click here to return to Agenda SBXI I (Berr ill R) California Environmental Quality Act. exemption: roadway improvement Current Text: Introduced: 711612015 pdf html .Introduced: 711612015 Status: 711612015 Introduced. Read first time. Referred to Com. on T. & I.D. To print Location: Senate T. & I.D. Calendar: 811912015 9:30 a.m. -John L. Burton Hearing Room (4203) SENATE TRANSPORTATION AND INFRASTRUCTURE DEVELOPMENT, BEALL, Chair I[D_57esk Policy Fiscal € Floor] Desk Policy I -Fiscal j Floor Conf. Vetoe Chaptere Enrolled l 1st House 2nd House j Conc. J I d d Summary: CEQA, until January 1, 2016, exempts a project or an activity to repair, maintain, or make minor alterations to an existing roadway, as defined, other than a state roadway, if the project or activity is carried out by a city or county with a population of less than 100, 000 persons to improve public safety and meets other specified requirements. This bill would extend the above -referenced exemption until January 1, 2025, and delete the limitation of the exemption to projects or activities in cities and counties with a population of less than 100,000 persons SBX] 12 (Runner R) California Transportation Commission. Current Text. Introduced: 711612015 Pdf hind Introduced: 711612015 Status: 711612015-Introduced Read first time. Referred to Com. on T & I.D. To print Location: Senate T & I.D. Calendar: 811912015 9:30 am. -John L. Burton Hearing Room (4203) SENATE TRANSPORTATION AND INFRASTRUCTURE DEVELOPMENT, BEALL, Chair _._ --. _.1--­­­­ .__. _...__ s..-... Desk Policy Fiscal Floor Desk Policy Fiscal Floor, f ;Enrolled i Vetoe Chaptere Con . 1st House 2nd House Cone. d d Summary: Would exclude the California Transportation Commission from the Transportation Agency, establish it as an entity in state government, and require it to act in an independent oversight role. The bill would also make conforming changes. This bill contains other related provisions and other existing laws SBXI 13 (Vidak R) Office of the Transportation Inspector General. Current Text, Introduced. 711612015pdf himl Introduced: 711612015 Status: 711612015 Introduced Read first time. Referred to Com. on T. & I.D. To print Location: Senate T. & LD. Calendar: 811912015 9.30 a.m. -John L. Burton Hearing Room (4203) SENATE TRANSPORTATION AND INFRASTRUCTURE DEVELOPMENT, BEALL, Chair I Desk Policy Fiscal ; Floor) Desk Policy Fiscal j Floo� Conf. Vetoe Chaptere ��� --� Enrolled' I # 1st House - 2nd House _ Cone. i d d Summary: Would create the Office of the Transportation Inspector General in state government as an independent office that would not be a subdivision of any other government entity, to ensure that all state agencies expending state transportation funds are operating efficiently, effectively, and in compliance with federal and state laws. The bill would provide for the Governor to appoint the Transportation Inspector General for a 6-year term, subject to confirmation by the Senate, and would provide that the Transportation Inspector General may not be removed from office during the term except for good cause. 207 Click here to return to Agenda SBXI 14 (Cannella R) Transportation projects: comprehensive development lease agreements. Current Text. Introduced. 711612015 pdf html Introduced. 711612015 Status: 7/16/2015 Introduced. Read first time. Referred to Com. on T. & LD. To print. Location: Senate T. & LD. Calendar: 811912015 9: 30 am. -John L. Burton Hearing Room (4203) SENATE TRANSPORTATION AND INFRASTRUCTURE DEVELOPMENT, BEALL, Chair TT ^'e Conc.; Enrolled`.____._ �FDes�k� Fiscal j Floor Desk' Policy Fiscal j Floor Conf. Vetoe ChaptereI 1st House 2nd HouseY �i 1 d I Summary: Current law authorizes the Department of Transportation and regional transportation agencies, as defined, to enter into comprehensive development lease agreements with public andprivate entities, or consortia of those entities, for certain transportation projects that may charge certain users of those projects tolls and user Tees, subject to various terms and requirements. This hill would extend this authorization indefinitely and would include within the definition of "regional transportation agency" the Santa Clara Valley Transportation Authority, thereby authorizing the authority to enter into public private partnerships under these provisions. 208 Lobbing FirmClick here to return to Agenda Activity Authorization Legislative Session (Government Code Section 86I04) t Check one box, if applicable ❑✓ Lobbyist Employer (Gov. Code Section 820395) F- l Lobbying Coalition (. PPC Regulation 18616A) Type or Print in Ink NAME OF FILER: City of La Quinta BUSINESS ADDRESS: (Number and Street) 78495 Calle Tampico of different than La Quinta 2015-2016 (InsertYears) Page of 2 (State) OP Cale) CA 92253 hereby authorize `toe A. Gonsalves & Son (Name of Lobbying Firm) 925 L Street, Suite 250, Sacramento, CA 95814 (Business Address) For Official Use Only TELEPHONE NUMBER: ( 760 ) 777-7000 FAX NUMBBR: (Optional) to engage in the activities of a lobbying firm (as defined in California Government Code Section 82038,5 and 2 Cal. Code of Regs. Section 18238.5) on behalf of the above named employer, If you are authorizing another lobbying firm to lobby on behalf of your firm's client(s), provide the nasne(s) of the client(s) below. (It is not necessary to complete the Nature and Interests section.) NAME OF SUBCONTRACTED CLIENT: NAME OF SUB CONTRACTED CLIENT: AMEOF OF SUBCONTRACTED CLIENT: VERIFICATION I have used all reasonable diligence in preparing this Statement. I have reviewed this Statement and to the best of my knowledge the information contained herein is true and complete. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed an By BATE SIGNATURE OF RESPONSIBLE OFFICER Frame of Responsible Officer Title PRINT OR TYPE FPPC Farm $02 (7198) For Technical Assistance: 9161322-5660 209 Lobbying Firm Click Activity Authorization FORM" 602 SEE INSTRUCTIONS ON REVERSE Type or Print in Inlc FAIR PCILIT]Cjj,�� NAME OF FILER; City of La Quinta Fags 2 of 2 Nature and Interests of Lobbyist Employer Check one box only; F—JINDIVIDUAL (Complete © BUSINESS ENTITY FlINDUSTRY, TRADE OR 0 OTHER (e.g., lobbying only Parts A and F) (Complete only Parts 13 PROFESSIONAL ASSN. coalition) (Complete only and E) (Complete only Parts C and E) Parts D and E) A. Individual : 2. Description of business activity in which you or your employer are 1. Name and address of employer (or principal place of business if engaged: self-employed): B..Business Entity Description of business activity in which engaged: C. Industry, Trade or Professional Association 2. Specific description of any portion or faction of the industry, trade, or 1. Description of industry, trade or profession represented: Profession which the association ezlusively or primarily represents: ...........................................••......••....••••.•••..•......................................... 3. Number ofmembers inassociation (check appropriate box) . 13 50 OR LESS (provide names of all members on an attachment.) EIMORE THAN 50 D. Other 1 2. Description of any trade, profession, or other group with a common 1. Statement of nature and purposes: economic interest which is principally represented or from which mom bership or financial support is principally derived: Local government - serving the best interests of the citizens of the city of La Quinta. E. Industry Group Classification Check one box which most accurately describes the industry group which you represent. See instructions on reverse. AGRICULTURE 0 LEGAL, FDUCATION PUBLIC EMPLOYEES FV GO'VMZNMENT 0 POLITICAL ORGANIZATIONS Q FTALTH El UTILITIES 0 LABOR UNIONS ❑ OTHER: (Describe in detail) BUSINESS (Check one of the fo]Iowing sub -categories.) ENTERTAINMENTIRECREATION FINANCE/INSURANCE ©LODOING RESTAURANTS Q MANUFACTURING/1NDUSTRIAL ❑ MERCHANDISEtRETAI " OTL AND GAS PROFESSIONALI BADE REAL ESTATE 7 TRANSPORTATION El OTHER: (Specific Description) FPPC Farm 602 (7198) For Technical Assistance: 916I322-5660 210 Click here to return to Agenda ATTACHMENT 3 Special Requirements NON -COLLUSION AFFIDAVIT FORM Document Scanning Services MUST BE EXECUTED BY PROPOSER AND SUBMITTED WITH PROPOSAL I, _Nr4Aon4A 6onsa e S , (name) hereby declare as follows: I am Tges 3 iJe.N ^s` (title) of W. A . 6c>--�,sov,,,\,;eS-+Sor-3(company), the party making the foregoing proposal, that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shot[ refrain from proposing; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any other proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Proposer Signature By Name A;Nn*oo,3-r Title ? S l`DC— 1`1T organization�\oa A . G'oisP%-t,%iCS r �� Address 112,6 V 5TY 7, Su 11-E 4SID, C-AN - 9S $14 PAN Click here to return to Agenda PAN Click here to return to Agenda N 'IM A w �. Proposal for Lobbyist Services August 18, 2015 213 A. Cover Letter............................................................................................................................ 3 B. Background on the Firm........................................................................................................4 C. References............................................................................................................................ 43 D. Disclosure.............................................................................................................................44 E. Cost Information...................................................................................................................45 F. Description of Warranty....................................................................................................... 47 G. Subcontractor Disclosure...................................................................................................48 H. Insurance Coverage.............................................................................................................49 I. Non -Collusion Affidavit (Attachment 3)...............................................................................50 Appendix A: Federal Legislative Achievements.................................................................... 51 Appendix B: State Legislative Achievements........................................................................ 53 Appendix C: Federal Funding Achievements........................................................................58 Appendix D: State Funding Achievements...........................................................................61 Q Proposal for Lobbyist Services I City of La Quinta PagQj� August 18, 2015 City of La Quinta City Manager's Department ATT: Doug Kinley 78495 Calle Tampico La Quinta, CA 92253 Dear Mr. Kinley: Thank you for the opportunity for Townsend Public Affairs, Inc. ("TPA") to submit our proposal for Lobbyist Services to the City of La Quinta ("City"). Since its inception in 1998, TPA has earned the reputation of providing the experience, resources, and political network expected from a premiere state and federal legislative advocacy firm, while also providing clients with the unique brand of customer service they deserve: personal attention, accessibility, and passion for their mission. TPA uses a proven strategy and protocol for managing client advocacy that is tailored to leverage the unique strengths of the City to establish meaningful, knowledgeable, and lasting relationships on behalf of the City with the ever -changing members of the President's Administration, Congress, the Governor's Administration, and the California State Legislature. The goal of our comprehensive approach is to ensure the successful pursuit of the City's federal and state legislative and funding agendas. 1. This cover letter is signed by Christopher Townsend, President of Townsend Public Affairs, Inc., who is the authorized person to bind the Firm. 2. Richard Harmon, Director, will serve as the Firm's contact person for this proposal. Richard can be reached in the State Capitol Office at 925 L. Street, Suite 1404 Sacramento, CA 95814 with an email address of RHarmon(cD-TownsendPA.com and phone number of (916) 447-4086. 3. TPA's main office is located at 1401 Dove Street, Suite 330 Newport Beach, CA. 4. The State Capitol Office located at 925 L. Street, Suite 1404 Sacramento, CA 95814 will service the City and its projects. 5. TPA confirms that all of the information and pricing provided in the proposal is valid for at least 90 days. We appreciate your interest and consideration of TPA, and we would be grateful for the opportunity to serve the City in its need of lobbyist services at the federal and state levels. Yours truly, 4- 7�� Christopher Townsend (Person authorized to bind the Firm) President 0 Proposal for Lobbyist Services I City of La Quinta PagQ,� TPA is a lobbying and grant writing firm that provides federal, state, regional, and local advocacy services to its clientele of local public agencies and non-profit organizations. 1. Number of Years in Business 17 years (founded in 1998) 2. Taxpayer Identification Number 91-1929265 3. Resumes of the Proiect Manaaer and Kev Personnel Christopher Townsend, President: Christopher is the founder and President of TPA. Christopher brings a three -decade career in public affairs and legislative advocacy focused on a bi-partisan strategic approach that leverages his extensive experience and record of success along with a vast network of relationships with key legislative members and staff. Richard Harmon, Director: Richard will serve as the point of contact and Client Manager for the City. Richard brings special expertise in transportation infrastructure and policy development, as well as significant grant funding achievements, through his work as a Caltrans District Director and a Director for TPA. Richard drafts, writes, and submits grant applications at the State level, especially within transportation policy, and he has secured major funding wins in multiple policy areas for public entity clients throughout California. Richard maintains strong relationships with executive staff of the California Transportation Commission, Caltrans, and members of the State Legislature. Casey Elliot, State Capitol Director: Casey develops and implements legislative strategies for clients, as well as manages relationships with key members and staff of the State Legislature, the Administration, and select state agencies. Casey's expertise is in the areas of the state budget and finance, local economic development, public safety, state elections and the parliamentary process. Cori Williams, Senior Associate: Cori adds experience in water advocacy and policy, local governance, and grant writing to the team. Cori will serve as a local project manager to the City on the drafting, development, submission, and advocacy related to all water applications. Cori has extensive experience writing grants for various local, state, and federal opportunities in the area of water policy. In addition to her expertise on municipal and water infrastructure issues, Cori will leverage her network of strong relationships with Members, staff of the State legislature, the State Water Resources Control Board, the Department of Water Resources, and the California Water Commission. Jessica Fernandez, Senior Associate: As a Capitol Hill veteran based in the TPA Federal Office in Washington, DC, Jessica offers over nine years of legislative and grant funding experience with education, transportation, environment, energy, water, health care, agricultural, labor and civil rights policy areas. Her knowledge of federal policies and needs will help promote the federal agenda for the City, as she will serve as a federal project manager. PROFESSIONAL RESUMES Below are the Professional Resumes for the Project Team for the City. 0 Proposal for Lobbyist Services I City of La Quinta Pagel Christopher Townsend, President and Strategic Advisor, brings a 30 year r. career in public affairs and legislative advocacy featuring a multi -partisan strategic approach that leverages his extensive experience and track record of success along with a vast network of relationships with key members and staffers of the legislative, constitutional, congressional, and senatorial delegations. Townsend Public Affairs, Inc. President 1998 — Present President of public affairs consulting firm that specializes in the development and execution of advocacy strategies for local government, non-profit organizations, businesses, and coalitions. Christopher provides day-to-day leadership to a team of 17 professionals and manages the development and implementation of political, policy and funding agendas of clients. Represented over 250 clients specializing in local public agencies. Shepherd over two -dozen client -specific legislative proposals into law. Secured over $900 million in non -formula grant funding for clients. PepsiCo/Taco Bell Corp., Irvine, CA (A $5 billion, Mexican -style, quick -service restaurant chain with more than 7,000 units) Senior Director, Government & Community Affairs 1992 — 1998 Managed and directed for government and media relations, crisis management, internal communications, and marketing publicity. Managed the political action committee for Federal and California political races. Managed community relations initiatives, corporate philanthropy, and the Taco Bell Foundation. Stein -Brief Group, Inc., Dana Point, CA Vice President, Public Affairs 1982 — 1992 Directed government, community, and media relations at the national, state, and local levels, including the management of all political, civic, charitable, and cultural activities. Provided land - use planning and entitlement process analysis for domestic and international projects. Managed activities with numerous Federal and State agencies to ensure compliance with all applicable laws and regulations governing land use. Created and directed a Political Action Committee that supported various Federal, State, and Local candidates and ballot initiatives. Education Harvard University, Cambridge, MA Master of Public Administration 1991 Claremont McKenna College, Claremont, CA Bachelor of Arts, Political Science, Magna cum Laude, Political Science Honors Prize 1982 Harry S Truman Scholar California = 0 Proposal for Lobbyist Services I City of La Quinta Pag�'g Richard Harmon, Director, brings special expertise in transportation infrastructure and policy development. Prior to joining TPA, Harmon served as the Legislative and Local Government Affairs Deputy for Caltrans. Appointed by Governor Arnold { Schwarzenegger in 2007, he served as the liaison between the Administration and Congress and the State Legislature on transportation issues. Townsend Public Affairs, Inc. Director 2011 — Present Provide client service to a full range of public agency clients all over California, and specifically focused on the Central Valley. Maintains an expertise in transportation legislation and funding opportunities. Advocate at the local, state and regional level for client projects and programs including legislation, state grants, and other funding. Richard manages several clients in the Central Valley and recently represented the City of Merced, where much of the focus was on advocating for grant funding. California Department of Transportation Assistant Deputy Director, Legislative and Local Government Affairs 2007 — 2011 As the Governor Schwa rzenegger-appointed liaison between the Administration and Congress and the State Legislature on transportation -related issues, made policy recommendations and provided committee testimony on pending legislation. Significant projects included: • Developed legislation to expedite the distribution of $2.6 billion in transportation funds made available under the American Recovery and Reinvestment Act of 2009. • Secured legislative authority to expedite more than $1 billion in transportation projects by streamlining environmental approval and permitting processes. • Successfully passed legislation providing the department with $20 million in solar arrays for over 70 facilities statewide. California Department of Transportation Interim District Director 2010 Responsible for all functions and activities within District 10 and for the administration and operation of the department's programs within the district boundaries. District 10 is made up of Merced, San Joaquin, Stanislaus and several mountain counties. The district has nearly 600 employees, an annual budget of over $72 million, and approximately $3 billion in active transportation projects. California State Assembly Member Bonnie Garcia Chief of Staff and Campaign Manager 2002— 2007 Responsible for all aspects of legislator's State office and political activities, including legislation, committee staffing, management of Capitol and District Offices, media, and fundraising. California Center for Border and Regional Economic Studies Project Coordinator 1999 — 2002 Responsibilities included development of quarterly and annual community workshops and conferences to address various economic, housing, infrastructure and social. Education San Diego State University, San Diego Masters of Science, Business Administration 2002 San Diego State University, San Diego Bachelor of Arts, International Business 2000 0 Proposal for Lobbyist Services I City of La Quinta Pag�'d Casey Elliott, State Capitol Director and Project Manager, develops and implements legislative strategies for clients, as well as manages relationships with key members and staff of the State Legislature, the Administration, and select state agencies. Casey's expertise is in the areas of the state budget and finance, local economic development, higher education, state elections and the parliamentary process. Townsend Public Affairs, Inc., Sacramento, CA State Capitol Director 2006 — Present Oversees a team of ten registered state lobbyists. Works directly with select public and private sector clients to develop and implement legislative strategies to achieve their policy priorities. Collaborates with client managers to deliver on all aspects of a legislative agenda of clients throughout the State. Analyzes all legislation and the State Budget for potential impacts to clients. Advocates on behalf of clients' positions before members of the Legislature, the Governor's Office, State Agency officials, and other interested parties. Develops and maintains relationships with members of the Legislature, Governor's Office, Agency officials, key State Capitol staff, and other legislative advocates. Assemblyman Tom Umberg, Sacramento, CA Legislative Assistant 2006 Managed legislation for the Member, including education, workers compensation, and school facilities measures. Staffed the Member on the Assembly Education committee. Worked closely with legislative staff, committee consultants, state agencies, and interested parties on legislation. Advised the Member and Chief of Staff on pending legislation. Secretary of State, Sacramento, CA Legislative Coordinator 2005 — 2006 Briefed the Secretary of State and senior staff members on legislation affecting the agency. Worked with Division Chiefs, senior staff members and the Secretary of State to develop legislative positions for the agency. Worked with Department of Finance, state agencies and other interested parties on issues that impacted the Secretary of State. Researched and drafted legislative proposals for the agency. Secretary of State, Sacramento, CA Legislative Analyst 2003 — 2005 Assisted in the research and development of legislation. Drafted legislative documents/amendments and advocated positions adopted by the Secretary of State. Worked closely with the Legislature, Governor's Office staff, committee consultants, Department of Finance, state agencies and other interested parties on issues that impacted the Secretary of State. Special projects: staffed various taskforces, assisted in development of spending plans for legislatively mandated programs, legislative correspondence, and election -night support. Office of the Governor, Sacramento, CA Senior Legislative Assistant 2000 — 2003 Chaptered all bills that the Governor signed and processed all vetoed measures. Worked closely with the Secretary of State, Chief Clerk of the Assembly, and the Secretary of the Senate throughout the bill chaptering process. Supervised a staff of 10 personnel during the creation and assembly of up to 1500 bill files presented to the Governor Education University of California, Davis Bachelor of Arts, Political Science 2000 0 Proposal for Lobbyist Services I City of La Quinta PagO Cori Williams, Senior Associate, adds experience in local governance and grant writing to the team. Cori has extensive experience writing grants for various local, state, and federal opportunities. Cori in addition to her expertise on municipal and water agency issues, leverages her network of strong relationships with Members and staff of the Orange County state legislative delegation and County of Orange Board of Supervisors to promote the projects and priorities of our clients Townsend Public Affairs, Inc. Senior Associate 2011— Present Serves as an integral part of the Southern California Client Service Team, which supports and manages clients ranging from water districts and non-profit organizations to urban, suburban and rural municipalities. Develop and implement strategies — including research, funding opportunities, advocacy plans, drafting legislative language, relationship building, writing grants — to achieve specific legislative, budget and funding objective for TPA clients. County of Orange, Board of Supervisors Policy Advisor for Supervisor John Moorlach 2010 Responsible for researching, analyzing, and advising on all policy issues relating to Orange County Public Works and state and federal legislation. Served as a liaison between the Supervisor and County staff, constituents and community groups. Intern for Chairman John Moorlach 2008 Compiled a Restaurant Inspection Plan for Board approval to assure food safety for the 3 million residents of the County with the Chief of Public Health Operations and the Director of Environmental Health. Plan and recommendation was approved by the Board. League of California Cities — Orange County Division Intern 2010 — 2011 Worked with the Division to promote government efficiency by organizing, and directing events that provide education, information, and legislative advocacy services to the cities of Orange County. Tom Campbell for US Senate Campaign 2010 Reported to campaign's Director for Research and Policy and drafted Mr. Campbell's "Statement for Financial Services Reform." Wexler and Walker Public Policy Associates Intern 2009 Full time intern at a top Washington DC full service, bi-partisan government affairs firm. Represented the office at congressional hearings, and compiled reports and summaries for clients. Focused on issues dealing with: financial services, telecommunications, stem cells, transportation appropriations, and on and offline consumer protection. Education Claremont McKenna College, Claremont, CA Bachelor of Arts Economics and Government with Leadership Sequence 2011 0 Proposal for Lobbyist Services I City of La Quinta PagO Jessica Fernandez, Senior Associate, As a Capitol Hill veteran based in the TPA Federal Office in Washington, DC, Jessica offers over eight years of legislative and grant funding experience with education, transportation, environment, energy, water, health care, agricultural, labor and civil rights policy areas. Townsend Public Affairs, Inc. Senior Associate 2014 — Present Manage and develop legislative priorities for clients before Congress, the Executive branch and federal agencies. Analyze legislation, regulatory directives, appropriations requests and budget items. Develop and maintain relationships with Members of Congress, Congressional and Committee staff. U.S. House of Representatives — Rep. Loretta Sanchez (CA-46) Senior Legislative Assistant 2008 — 2014 Advised Congresswoman Sanchez on legislative initiatives and provide voting recommendations. Developed and evaluate legislation relating to domestic policy. Managed five key congressional appropriation bills and serve as the point of contact for appropriation projects within those bills. Drafted delegation and caucus letters, policy papers, staff briefings as well as constituent correspondence, newsletters and press releases relating to domestic policy. Established working relationships with community leaders, interest groups, Congressional offices, executive branch and elected officials at all governmental levels. Committee to Re -Elect Loretta Sanchez Campaign Manager 2012 Worked with a variety of communities in Orange County and Southern California to identify county needs. Collaborated with community organizations to provide services for Orange County residents. Created Task Forces to identify needs in the areas of health care, education, energy, environment, and women's issues; and developed strategies that effectively addressed those identified needs. Organized town -hall meetings and collaborated with local officials and community leaders. Committee to Re -Elect Loretta Sanchez Field Director 2006 — 2007 Assembled informative events to constituents of the 47th Congressional District in CA. Drove Voter Registration in Orange County. Recruited possible candidates for local offices in Orange County. Developed campaign resources and strategies. Collaborated with supporters on community initiatives. House Democratic Leader Nancy Pelosi (CA-8) Community Outreach Intern 2006 Conducted research on issue positions of traditional Democratic constituencies. Maintained data base of constituency leaders and issue concerns. Prepared correspondence for and met with constituency leaders. Assisted in production of informative events to participating organizations. Education Chapman University Bachelor of Arts, Political Science 2007 0 Proposal for Lobbyist Services I City of La Quinta Page 4. Firm Ownership and State and Date of Incorporation Christopher Townsend is the sole owner and proprietor of Townsend Public Affairs, Inc. Townsend Public Affairs is a C corp. and was incorporated in the State of California in 1998. 5. Subsidiary Information Townsend Public Affairs is not a subsidiary of any parent company or otherwise. 6. Client List Allgaeu Tech City of San Pablo Assured Guaranty City of Santa Ana City of Aliso Viejo City of Seal Beach City of Berkeley City of Selma City of Brea City of South San Francisco City of Buena Park City of Tulare City of Carson City of Turlock City of Costa Mesa City of Walnut Creek City of Dinuba City of West Hollywood City of Duarte City of Westminster City of El Monte Coast Community College District City of Emeryville County of Imperial City of Fountain Valley County of Mariposa City of Fowler Crystal Cove Alliance City of Fullerton Cutler-Orosi Joint Unified School District City of Hayward Dana Adobe Nipomo Amigos City of Hesperia Discovery Cube of Orange County City of Huntington Beach Doctors Ambulance City of Imperial East Bay Zoological Society City of Laguna Beach Global Tel Link City of Mission Viejo Griffin Related City of Oakland Hewlett Packard City of Orange Cove HMS Host City of Palo Alto Kings Canyon Unified School District City of San Leandro Merced County Association of Governments 0 Proposal for Lobbyist Services I City of La Quinta Page" Mesa Water District Molina Healthcare Municipal Water District of Orange County Newhall County Water District North County Transit District Oakland Museum of California Off the Chain Omni Means Orange County Community College Legislative Task Force Orange County Conservation Corp Orange County Sanitation District Orange County Water District Orange Cove Fire Protection District Rancho Santiago Community College District South Orange County Wastewater Authority Trans Bay Joint Powers Authority Urban Tilth Verizon Yorba Linda Water District Yosemite/Mariposa County Tourism Bureau ,j Proposal for Lobbyist Services I City of La Quinta Page 2H 7. Key Examples of Accomplishments TPA has shepherded dozens of client sponsored legislation into law under different administrations including Governors Davis, Governor Schwarzenegger, and Governor Brown. TPA has a long- standing, working relationship with current Governor Jerry Brown and will secure meetings with his office on behalf of the City. Throughout the Firm's 17 years of operation, TPA has provided state and federal legislative advocacy services to municipalities in the issue areas of local government, infrastructure, energy, water, transportation, natural resources, public safety, and municipal public utilities. Some examples include, but are not limited to: • AFFORDABLE In 2010, TPA sponsored AB 1867 (Harkey) on behalf of the City of San HOUSING Juan Capistrano which provides cities with additional opportunities to create affordable units through the RHNA process. The bill gives local government additional autonomy by allowing ownership units, not just rental units, to be rehabilitated and counted under the RHNA process. TPA was able to successfully work with the author, committee staff, and affordable housing advocates, to craft a measure that was beneficial to our client and could be supported by all parties. The bill was approved by the Legislature and then signed by the Governor. LOCAL In 2007, TPA sponsored SB 558 (Cogdill) on behalf of the City of Fresno GOVERNMENT which clarified the complex laws regulating the transfer of the City's water infrastructure to a newly formed special district. SIB 558 was unanimously approved by the Legislature and secured the Governor's signature. In 2008, TPA sponsored AB 2001 (Swanson), on behalf of the City of Oakland which allowed local governments to establish whistle -blower hotlines and additional provisions to protect their identity. In 2010, TPA sponsored AB 191 (Solorio) on behalf of the City of Santa Ana which exempted select cities from Highway User Tax Account (gas tax) deferrals, if the deferrals create a hardship for the city. This measure resulted in the State paying the City hundreds of thousands of dollars that would have otherwise been delayed under the provisions of the State budget. In 2011, TPA sponsored AB 184 (Swanson) on behalf of the City of Oakland. This bill gives local governments the authority to loan money to homeowners for seismic safety improvements. The bill makes seismic retrofits more affordable by providing homeowners with a financing option that removes much of the upfront expense. AB 184 enjoyed bi- partisan support in the Legislature and was one of the first bills signed by Governor Jerry Brown. In 2013, TPA sponsored AB 1144 (Hall) on behalf of the City of Carson authorized the City to establish a post -retirement medical program vesting schedule in accordance with the collective bargaining �J Proposal for Lobbyist Services I City of La Quinta Page 12 224 agreements reached between the City and their respective bargaining units. This measure helped the City of Carson address an otherwise unfunded liability, which was projected at $48 million. Collaboration between Assembly Member Hall, the City, the local bargaining units, CalPERS, and legislative committee staff was crucial to the success of this legislation. TPA is proud to have played a guiding hand in strategically crafting this legislation and shepherding it through the legislative process. In 2014, TPA sponsored AB 2292 (Bonta) for the City of San Leandro, which would allow the inclusion of broadband internet infrastructure in new financing districts, which was of serious concern for future development by internet based technology companies in the area. In 2014, TPA sponsored SB 883 (Hancock) for the City of San Pablo and successfully secured $3 million in legislative support for the Doctor's Medical Center in West Contra Costa County to remain open and continue to see emergency patients. In 2015, TPA sponsored AB 451 (Bonilla) on behalf of the City of Walnut Creek. AB 451 sought to enable cities and counties to adopt parking ordinances that best facilitate economic activity in their jurisdictions. The legislation clarifies the ability of cities and counties to authorize the regulation of private parking facilities by their owners and managers. TPA worked closely with Assembly Member Susan Bonilla to lead the coalition on this bill and secure the Governor's signature on August 11, 2015. Transportation In 2011, TPA was successful in amending AB 957 (Committee on Transportation) in the closing days of the Legislative Session to allow the State to relinquish to the City of Buena Park much of Beach Boulevard within its jurisdiction. This bill was unanimously approved by the Legislature and secured the Governor's signature, and allowed much - needed improvements and development to occur in the City. Zoning TPA, acting on behalf of the City of Fullerton, successfully pushed through action designating a post office in Fullerton to be on the National Register of Historic Places after two years of inaction at the federal level. Once TPA engaged Congressional, USPS and National Park Service staff, the designation was approved three months later. 0 Proposal for Lobbyist Services I City of La Quinta Page 13 225 8. Examples of Reports Submitted to Private and Public Clients T 0 WNS►END PUBLIC AFFAIR:) EST TPA 1998 MEMO To: City of Huron City Council of Huron Jack Castro, City Manager From: Townsend Public Affairs, Inc. Christopher Townsend, President Richard Harmon, Director Chelsea Vongehr, Associate Date: April 10, 2015 Subject: Update on State Emergency Water Regulations SUMMARY Over the last two weeks, there have been a number of developments with regard to water regulations and water reductions. As California continues to face one of the most severe droughts on record, Governor Brown has declared a drought State of Emergency and directed State officials to take every action available in order to prepare for foreseeable water shortage. Following the lowest snowpack ever recorded, lack of rainfall, and the low February conservation level, with State-wide conservation at 2.8 percent, the Governor issued an Executive Order (EO). This EO includes actions to save water, increase enforcement against preventative water waste, and streamline the State's drought response through new technologies. With this EO, adjustments and compliance among State agencies such as the State Water Resources Control Board and the Department of Water Resources will be swift. Below we have outlined the directives of the EO as well as current activity among the State agencies to enact the requirements of this new order. Proposal for Lobbyist Services I City of La Quinta Page 14 226 GOVERNOR'S EXECUTIVE ORDER On April 1, 2015, the Governor issued an Executive Order for water reduction and a directive for mandatory water use reductions in cities across California by 25 percent. These savings are intended to reach approximately 1.5 million acre-feet of water over the next nine months. Areas with higher per -capita water use will be required to achieve greater reductions in water use than those with lower per -capita use. In order to enforce the EO, each water district that delivers waters to homes and businesses will be tasked to comply and carry out the EO in order to substantially change the behavior of water conservation. The EO requires the Department of Water Resources (DWR) and the State Water Resources Control Board (SWRCB) to undertake specific activities to ensure the intent of the EO is met. All cities and counties will also be required to report on their implementation of this ordinance at the end of 2015. SWRCB: The SWRCB has been given the responsibility of a mandatory State-wide conservation achievement of 25 percent in water use reduction. Therefore, the SWRCB will impose new restrictions on potable urban water usage through February 28, 2016. These restrictions will require water suppliers to California cities and towns to reduce usage as compared to the amount used in 2013. Likewise, the California Public Utilities Commission is required to take similar action as it relates to investor -owned utilities providing water services. Restrictions will include the prohibition of irrigation with potable water of ornamental turf on public street medians, and the prohibition of irrigation with potable water outside of newly constructed homes and buildings not delivered by drip or micro -spray systems. The SWRCB stated that the Governor recognizes that different agencies have taken different levels of effort so they will set targets that take into consideration current per capita use of water. They will come up with a sliding scale where those who have been conserving longer and use less will have lower targets than those that have just started conservation or use more. Additionally, it has been discussed that water pricing is still a locally set issue but falls into the category of most important tools for achieving water conservation. Therefore, the SWRCB has been directed to work with water suppliers to come up with a way to direct some kind of conservation rate structures. This can range from fees on highest water users, allocation based rates and budget based rates. DWR: The EO required DWR to create a State-wide initiative to replace 50 million square feet of lawns throughout the State with drought tolerant landscaping in partnership with local governments. Additionally, an updated State Model Water Efficient landscape ordinance has been requested, which essentially requires jurisdictions to improve efficiency of all landscapes, increase efficiency of irrigation systems, improve graywater usage, improve on - sight stormwater capture, and limit the portions of landscapes that can be covered in turf. �J Proposal for Lobbyist Services I City of La Quinta Page 15 227 DWR will also be responsible for advancing the role of agriculture water planning process across the State and to add to those requirements a detailed drought management plan. According to DWR, this will help strike a balance between supply and demand during significant drought events. California Energy Commission: The California Energy Commission will have a role in helping with the drought crisis and its partnership with DWR and SWRCB through the creation a time -limited State -Wide Appliance Rebate Program. The Energy Commission will also provide financial incentives for replacement of inefficient household devices. It will also adopt on emergency basis, regulations establishing standards that improve efficiency of water appliances. Questions: Questions that have been asked and answered since the EO release TPA has provided below: 1). How will the prospect of household rationing take place? • Generally look at 55gallon/per person/ per day • Typically most of use is outdoors so expect that's where targeting will go but will leave it to communities to develop plans to meet goals. • Typically most of use is outdoors so expect that's where targeting will go but will leave it to communities to develop plans to meet goals. 2). How are the 25 percent mandatory cuts different from the 20 percent goal imposed last year? • 20 percent reduction goal was voluntarily and encouraged people to take action which did result in 2 billion of gallons of water saved. • This year, the EO is now a regulatory scheme that aims to achieve 25 percent reductions, which will need to be developed in regulation on both levels of effort and per person per capita. • Expect to have proposal out by mid -April and work for adoption sometime in early May (this is discussed further below). 3). How is the turf removal in EO different from the voluntary turf removal program that is going on now? • There are many different actions in the Governor's EO such as regulatory requirements in terms of restrictions of turf in street medians. • However, they will also like to expand on the voluntarily turf removal program that has already been initiated by many local agencies. Therefore, there will be additional incentives with the hope of targeting underserved communities. • No dollar amount has been set yet but working on having one within the next few months. I- Ll IFA 9XVIr_A1x:4:1:1141•Iil;TO *i41•1►1izlaa•7_li11 '(D Proposal for Lobbyist Services I City of La Quinta Page 16 228 This morning the State Water Resources Control Board (SWRCB) had their first April Board Meeting. Two important items on the agenda included a discussion on California's ongoing drought emergency and an update on the Emergency Water Conservation Regulation. The Board Meeting commenced the implementation period for the Board to adopt the new initiatives pursuant to the Executive Order (EO). The following timeline is the current estimate for the adoption period and regulatory development process. The timeline will be as follows: • April 7, 2015: Release of draft regulatory framework and request for public comment. • April 13, 2015: Public comment on regulatory framework deadline. • April 17, 2015: Release of draft regulation for informal public comment. • April 28, 2015: Emergency rulemaking formal notice. • May 5 or 6, 2015: Board hearing and adoption of regulations. As the timeline outlines, the SWRCB has released their draft regulatory framework today. This framework, as outlined below, is open to public comment and ideas on the proposed framework until April 13, 2015 for the draft regulation will be released on April 17, 2015. Regulatory Framework: 1). Urban Water Suppliers As the EO directs, the SWRCB must consider the relative per capita water usage of each water suppliers' service area and have those areas with high per capita use achieve greater reductions. The SWRCB is going to use the September 2014 resident per capita (R-GPCD) reporting period to serve as a reasonable basis for placement of the 411 urban water suppliers. The five categories will be as follows: GPCD Range (09 — 2014) Number of Suppliers Within Range Conservation Standard Under 55 18 10 percent 55 to 110 126 20 percent 110 to 165 132 25 percent Over 165 135 35 percent Therefore, the proposed breakdown into the R-GPCD groupings is intended to satisfy the EO's 25 percent reduction in potable urban water use. 2). New Reporting Requirements In order to ensure compliance and satisfactory water use reduction rates, the SWRCB has proposed additional reporting requirements. These requirements will include: (1) Monthly commercial sector use; (2) Monthly large landscape commercial customer use; (3) Monthly industrial sector use; (4) Monthly institutional sector use; and (5) Monthly large landscape institutional customer use. These proposed reporting requirements will thereby assess the compliance of commercial (golf courses and amusement parts, for example), industrial, and landscape (cemeteries and college campuses, for example) sector customers. 3). Compliance Assessment Proposal for Lobbyist Services I City of La Quinta Page 17 229 So that the SWRCB is able to determine if urban water suppliers are meeting the required use reductions, the Board will assess water production data, as reported by each individual water supplier from June 2015 to February 2016, and compare it against the same time periods of Fiscal Year 2013. Of note, the SWRCB will review both the monthly and cumulative water usage reductions for compliance. 4). Enforcement In addition to the existing tools the SWRCB uses, informal enforcement such as warning letters and formal enforcement actions such as Cease and Desist Orders (CDO), the Board acknowledges that additional measures may be needed to assess and ensure compliance. AT this time, if needed, the SWRCB will develop these potential tools through the emergency rulemaking. Proposed tools will include informational orders that would enable the Board to require specific data and additional facts on conservation practices if conservation targets are not met and conservation orders that would immediately go into effect rather than the CDOs that can only be issued and enforced if the SWRCB holds an evidentiary hearing. These potential tools would remain in effect for its duration of 270 days unless extended by the SWRCB. 5). Small Water Suppliers For small water suppliers (those with fewer than 3,000 service connections) to contribute to the EO's goal of 25 percent water reduction, the SWRCB proposed the following: (1) Apportioning water supplier reductions, in which small water suppliers must achieve 25 percent water reduction as compared with their 2013 water use; (2) Reporting requirements, in which small suppliers would now be directed to provide a one-time report to the SWRCB 180 days after the effective date of the new emergency regulation. This report would need to address the potable water production from June 2013 to November 2013 versus June 2015 to November 2015, the number of days per week outdoor irrigation is allowed, and other specific restrictions on commercial, industrial, and institutional sector customers; (3) Compliance assessment, which would be based upon whether small suppliers submitted the required data and met the 25 percent water reduction; and (4) Enforcement, where the SWRCB may use any of the aforementioned enforcement as related to urban suppliers. 6). Additional Prohibitions and End -User Requirements In addition to existing restrictions on water use, the SWRCB proposes new prohibitions be put in place as directed in the EO. This would include restrictions on the following: (1) The use of potable water outside of newly constructed homes and buildings that are not delivered by drip or micro -systems; and (2) The use of potable water to irrigate ornamental turf on public street medians. DEPARTMENT OF WATER RESOURCES The Department of Water Resources (DWR) has a Drought Team in place that is currently working on options for the DWR to assist in the drought moving forward. The DWR, per the Governor's Executive Order (EO) is developing a Turf Replacement Program with the goal of replacing 50 million square feet of turf. Proposal for Lobbyist Services I City of La Quinta Page 18 230 The DWR intends to have the process of development released next week that will be a process and combination of funding and promoting current opportunities. Particularly, the DWR would like to focus on underserved communities. In addition, the DWR wants to promote the use of grey -water, stormwater capture, and other water use efficiency approaches. Therefore they are fast -tracking the process over the next 45 to 60 days. Furthermore, the Department is continuing to work on the California Statewide Groundwater Elevation Monitoring (CASGEM), which is a mandate that requires a State-wide groundwater elevation monitoring program to track seasonal and long-term trends in groundwater elevations in California's groundwater basins. The current priority of CASGEM is to bring medium and high basins into full compliance. C�1eAI��I:Z►IT��i►I�:Z�IY�L�1► i► I��j[�I�l The California Energy Commission (CEC) met on April 8 for their monthly commission business meeting with an added agenda item in response to the Governor's Executive Order (EO). Per the EO, the CEC has been directed to adopt emergency regulations establishing efficiency standards for water appliances. The CEC voted on whether a need existed for immediate action and if so, what the action would be required to fulfill it. The CEC voted to adopt a Toilet, Urinal, and Faucet Water Efficiency Regulation, which will, as of January 1, 2016, prohibit the sale or offer of sale of covered toilets, urinals, and faucets that do not meet minimum water efficiency requirements, and will prohibit the installation of such fixtures. This means that only low -flush toilets and low -flow sinks will be allowed for sale after January 1, 2016, regardless of when they were manufactured. This means all urinals will have to use only one pint or less per flush. This mandate will apply to both public places and private residences. The new mandate will set a historic efficiency standard for appliances. The CEC estimates that the newly approved standards will save 10 billion gallons of water in the first year, and more than 100 billion gallons as old appliances are replaced by new ones. �j Proposal for Lobbyist Services I City of La Quinta Page 19 231 T 0 W N S E N D PUBLIC AFFAIRS EST TPA 1998 MEMO To: Mark Lawrence, City of Santa Ana From: Townsend Public Affairs, Inc. Christopher Townsend, President Casey Elliott, State Capitol Director Date: May 13, 2015 Subject: State Update This memo is intended to serve as a brief summary of the efforts undertaken by Townsend Public Affairs (TPA) on behalf of the City from February to April 2015 and highlights upcoming state issues as they relate to the City's priorities. I. Progress to Date The below items are some of the major up to date initiatives TPA assisted the City with as well major developments on the City's priorities: • State Budget Advocacy (promote fiscal stability/goal 3: economic development) — TPA provided the City an update on the Governor and Department of Finance's release of trailer bill language specific to redevelopment and other budget -related legislation. Additionally, TPA continues to monitor the Legislature's budget subcommittee hearings covering the various areas of the proposed budget, as well as the Legislature's own proposals reflecting its budget priorities. This week the Governor will release the May Revise of his budget proposal, which will trigger final negotiations on the remaining pieces of the budget after the State has more final revenue projections in place. It is anticipated that the May Revise will contain, among other things, an amended proposal relating to redevelopment. TPA will continue to closely monitor these budget developments to ensure the City's priorities are met. • Redeveloament Dissolution (promote fiscal stabilitv/aoal 3: economic develoament) — TPA has remained in discussions with City staff, the Department of Finance, and the City's legislative representatives on numerous items resulting from the dissolution of redevelopment. TPA provided information on Department of Finance's redevelopment trailer bill language and participated in a call with City staff to discuss the City's concerns, in order to ensure they are effectively communicated to the Legislature and Administration. In early March and April, the Assembly and Senate Budget Subcommittees began deliberations on the Governor's redevelopment proposal. TPA has been providing information and strategy to City staff and will continue to work on p Proposal for Lobbyist Services I City of La Quinta Page 20 232 submitting concerns about the proposal to the City's legislative delegation and others. The Department of Finance is expected to unveil a revised proposal in early May. TPA continues to monitor and update the City on any legislation that would impact various aspects of the dissolution process, including the potential use of unspent 2011 redevelopment bonds and modifications of local economic development tools, such as infrastructure financing districts. • State Grant Coordination and Advocacy Lsupport funding opportunities) — TPA has worked with staff to provide assistance on specific grant programs, and City projects, where appropriate. TPA is able to coordinate with the City to advocate on behalf of specific grant proposals, by leveraging support from the City's delegation and contacts within granting agencies, to ensure that the City's applications are given full consideration forfunding. Specific examples include: Active Transportation Program Grant Applications — TPA has worked with City staff to provide information on the second funding cycle of the Active Transportation Program. The guidelines were approved by the California Transportation Commission in March, and the full applications are due June 1. The City of Santa Ana is one of three areas in Orange County that qualifies as a disadvantaged community, which will provide the City with an advantage in the application process. TPA will continue to work with the City to identify potential projects and to write, submit, and advocate for those applications. • American on Track — America on Track submitted a grant to the California Department of Public Health, California Tobacco Control Program in response to a proposal to Achieve Tobacco Related Health Equity Among California's Diverse Populations. TPA worked with Assemblymember Daly and Senator Nguyen to advocate for the proposal. Ultimately, America on Track was successful in receiving $1,000,000 in funding over 5 years. • Awards for Innovation in Higher Education — Santa Ana College submitted an application, on behalf of the Santa Ana Partnership, which received a $5 million grant award. The Santa Ana Partnership works to improve the pre -college preparation and the college access and completion process to strengthen the quality of life and the economy in Santa Ana. TPA worked with the City and the Rancho Santiago Community College District to advocate on behalf of the proposal. • Ongoing • Monthly Conference Calls — TPA participates in monthly calls with city staff and provides continual updates on state legislation, state grant opportunities, and a wide range of state and local issues impacting the City. • Communication with the State Legislature — TPA continues to maintain close contact with key players of the Legislature including the City's district representatives. • State Update Q Proposal for Lobbyist Services I City of La Quinta Page 21 233 • State Capitol Update The Legislature has spent the last several weeks conducting dozens of policy committee hearings in advance of legislative deadlines. While most bills have been considered by 2 policy committees, two major deadlines are upcoming: the fiscal committee deadline (May 29t") and the House of Origin deadline (June 51"). Once those deadlines have passed, it is likely that well over half of the bills that were introduced at the beginning of the year will no longer be active. In additional to policy committee hearings, the Legislature has been holding budget subcommittee hearings to review the various components of the proposed budget released by the Governor in January. While the Legislature supports many parts of the Governor's budget, there continues to be pressure on the Governor to include additional funding for various programs that have seen cuts over the last few years. Among the major issues that the budget subcommittees have considered are the Governor's proposal related to redevelopment, as well as emergency funding for drought related activities. The Department of Finance continues to indicate that their goal, with the redevelopment proposal contained in the January budget, is to streamline and simplify the dissolution process, as well as reduce the burden to local agencies. That said, there has been significant opposition to the redevelopment proposal as it ignores court decisions related to redevelopment, undermines actions taken by successor agencies, and retroactively nullifies agreements which were entered into lawfully. The proposal also received criticism from numerous legislators that felt that the Department of Finance was changing the rules on dissolution in ways that would be harmful to their communities. The Department of Finance has indicated that they will be modifying their proposal for the May Revise and has been working with legislative leadership to develop a proposal that can secure legislative support. As it relates to emergency drought funding, in late March, the Governor proposed, and Legislature ultimately approved, a $1 billion effort to further address the impacts of the drought in California. The majority of the funding in the package was from voter - approved Proposition 1 E, and was directed at addressing flood control projects and other the impacts felt by disadvantaged communities in the Central Valley. The legislation also expedited funding made available through the recently approved Proposition 1 for water recycling and water/energy efficiency projects. The agencies responsible for administering these funds are currently working on developing updated guidelines for funding. The next step in the budget process is the release of the Governor's revised budget proposal, known as the May Revise. Following this release, budget deliberations between the Legislature and the Governor will gear up, as the Legislature will need to approve a budget by June 15t". It is anticipated that there will be significant additional revenues included in the May Revise, as the amount of taxes collected over the past several months has far exceeded the original estimates in the Governor's January budget proposal. In fact, some are estimating that there could be as much as $6 billion in additional revenue contained in the May Revise. A significant portion of any funding increase would be required to go to California's K-14 schools, as well as to the newly Q Proposal for Lobbyist Services I City of La Quinta Page 22 234 created rainy day fund; however, there is still likely to be additional revenue available to fund areas of importance to the Governor and Legislature. • Legislative Monitoring and analysis February 271" was the deadline for the introduction of new legislation in 2015 and roughly 2,300 bills were introduced between the Assembly and Senate. These measures covered nearly every issue imaginable, including: CEQA reform, local economic 3 development, cap -and -trade program, pension reform, increasing the minimum wage, medicinal cannabis regulation, transportation funding, and water bond implementation. TPA continues to work with the City on providing updates on legislation of interest as proposals move through the legislative process, including legislation relating to body cameras for law enforcement and medicinal marijuana. TPA continues to work closely with City staff to convey the City's positions, issues, and concerns on specific legislation to the appropriate legislators, committees, and staff. Below briefly highlights a few measures the City took an official position: Affordable Housing Legislation — The City, along with the other Big 10 Cities, are supporting a package of bills aimed at increasing support for affordable housing. • AB 35 (Chiu) Income taxes: credits: low-income housing: allocation increase --This bill makes changes to the state Low -Income Housing Tax Credit (LIHTC) Program, which include increasing the allocation of state LIHTC by an additional $300 million and adjusts that amount for inflation beginning in 2016. • The City has issued an official support position on this measure. • AB 35 passed out of the Assembly Housing and Community Development committee on a 7-0 vote. It will next be heard in the Assembly Revenue and Taxation committee on 5/11/15. AB 90 (Chau) Federal Housing Trust Fund— this bill designates the Department of Housing and Community Development (HCD) as the agency responsible for administering the federal Housing Trust Fund. It would require the department to administer the funds through programs that produce, preserve, rehabilitate, or support the operation of rental housing for extremely low income and very low income households, except that up to 10% of funding may be used to support homeownership for extremely low income and very low income households. • The City has issued an official support position on this measure. • AB 90 passed out of the Assembly Housing and Community Development committee on a 7-0 vote. This measure has been placed on the Assembly Appropriations Suspense File. AB 1056 (Atkins) Second Chance Program —would Establishes the Second Chance Program (the Program) to build safer communities by investing in community -based programs, services, and initiatives for Q Proposal for Lobbyist Services I City of La Quinta Page 23 235 formerly incarcerated individuals in need of mental health and substance use treatment services. • The City has issued an official support position on this measure. • AB 1056 passed out of the Assembly Housing and Community Development committee on a 6-0 vote. This measure has been referred to the Assembly Appropriations committee. • AB 1335 (Atkins) Building Homes and Jobs Act —would enact the Building Homes and Jobs Act, which would establish permanent, ongoing sources of funding dedicated to affordable housing development. • The City has issued an official support position on this measure. 4 AB 1335 passed out of the Assembly Housing and Community Development committee on a 5-1 vote. This measure has been referred to the Assembly Appropriations committee. SB 16 (Beall) Transportation funding —establishes the Road Maintenance and Rehabilitation Program, and requires all revenues from the imposed taxes and fees to be deposited in the newly created Road Maintenance and Rehabilitation Account (RMRA). The bill specifies: The gasoline and diesel fuel excise tax rates, vehicle license and registration fee increases, and allocation of revenues. • The City has issued an official support position on this measure. • SB 16 passed out of the Senate Transportation and Housing committee on a 6-1 vote. It is set to be heard in the Senate Governance and Finance committee on 5/6/15. SB 203 (Monning) Sugar sweetened beverages: safety warning —would require a safety warning on all sealed sugar -sweetened beverage containers. Requires the warning label to be posted in a place that is easily visible at the point -of -purchase of an establishment where a beverage container is not filled by the consumer. • The City has issued an official support position on this measure. • SB 203 failed in the Senate Health committee on a 4-1 vote (5 votes were needed for passage) on 4/29/15. Administrative Actions and Updates • Water Conservation Regulations On April 1st, Governor Brown issued an Executive Order (EO) directing the State Water Resources Control Board (SWRCB) to implement mandatory water reductions in cities and towns across California to reduce water usage by 25 percent. This savings amounts to approximately 1.5 million acre-feet of water over the next nine months. Additional provisions in the EO mandate a statewide initiative to replace 50 million square feet of turf throughout the state with drought tolerant landscaping in partnership with local governments. Additionally, an updated state model water efficient landscape ordinance has been requested which essentially requires jurisdictions to improve efficiency of all landscapes, increase efficiency of irrigation systems, improve graywater usage, improve on -sight stormwater capture, and limit the portions of landscapes that Q Proposal for Lobbyist Services I City of La Quinta Page 24 236 can be covered in turf. The Governor's order also calls on the SWRCB to work with local water suppliers on options for rate structures to implement conservation pricing, recognized as an effective way to realize water reductions and discourage water waste. It should be noted that the SWRCB has not yet begun working on the rate structure item, in part due to the decision in the San Juan Capistrano case, which was delivered after the Governor issued his Executive Order, invalidating a portion of their proposed tiered rate structure. On May 5t", the SWRCB unanimously voted to adopt and implement the emergency water regulations. These regulations were primarily focused on establishing water conservation tiers that local water suppliers must meet over the course of the next nine months. Ultimately, the SWRCB adopted a system of nine tiers, ranging from 4% conservation to 36% conservation, based on the gallons -per -day usage figures reported to the SWRCB. The regulations will go into effect on June 1 st and water suppliers will be 5 required to report their first usage numbers under the regulations on July 151". The SWRCB has continued to emphasize that they want to work with local agencies in a cooperative fashion to achieve the conservation goals set forth in the tiers; however, the regulations provide the SWRCB several enforcement tools including the ability to mandate conservation efforts and levy fines against those not meeting their conservation targets. • Cap -and -Trade Programs April 101" was the deadline to submit Transit and Intercity Rail Capital Program applications for funding administered through the California State Transportation Agency (CaISTA). Funded as part of the cap and trade programs program, this $125 million competitive grant helps modernize and integrate California's bus and rail systems to increase transit ridership and reduce greenhouse gas emissions that cause climate change. The Transportation Agency is expected to announce the recommended grant recipients on June 30tn The Strategic Growth Council and other implementing agencies will continue to develop guidelines for other programs funded from cap and trade auction revenues. • Active Transportation Program In addition to the Cap and Trade Programs, TPA will be pursuing opportunities for funding from the Active Transportation Program (ATP). The California Transportation Commission (CTC) approved guidelines for the 2015 ATP on March 261", with applications due on June 1st. The CTC will be making funding decisions in September. TPA will work with the City to identity potential projects to submit for this funding opportunity. • Greenhouse Gas Reduction Target On April 29t", Governor Brown issued an EO to establish a California greenhouse gas reduction target of 40 percent below 1990 levels by 2030—the most aggressive benchmark enacted by any government in North America. This executive action sets the stage for the important work being done on climate change by the Legislature. The Governor's EO aligns California's greenhouse gas reduction targets with those of leading international governments ahead of the United Q Proposal for Lobbyist Services I City of La Quinta Page 25 237 Nations Climate Change Conference in Paris later this year. The European Union, for instance, set the same target for 2030 just last October. California is on track to meet or exceed the current target of reducing greenhouse gas emissions to 1990 levels by 2020, as established in the California Global Warming Solutions Act of 2006 (AB 32). California's new emission reduction target of 40 percent below 1990 levels by 2030 will make it possible to reach the ultimate goal of reducing emissions 80 percent under 1990 levels by 2050. The EO and target will also provide funding opportunities for various stakeholders to demonstrate its value in reducing greenhouse gas emissions. 0 Q Proposal for Lobbyist Services I City of La Quinta Page 26 238 TLJWICJSEN D ,i ,SIRS TPA 1998 MEMO To: City of Hayward Mayor and City Council Fran David, City Manager Kelly McAdoo, Assistant City Manager From: Townsend Public Affairs, Inc. Christopher Townsend, President Richard Harmon, Director Date: November 19, 2014 Subject: Cap and Trade Funding Opportunities —Status Memo SUMMARY As part of the current fiscal year State budget, the Legislature passed, and Governor Brown signed, Senate Bill 862 which established the framework of funding priorities for revenues from the State's cap -and -trade program. The legislation provided for specific allocations in the 2014- 15 fiscal year, and then an ongoing allocation plan for subsequent years. Townsend Public Affairs was involved in this legislation, advocating for the inclusion of appropriate amounts of funding for transit and infrastructure. The process of establishing the individual programs distributing the cap -and -trade auction proceeds is currently underway. Most agencies are soliciting stakeholder feedback before and during the development of program guidelines. Townsend Public Affairs has been participating in workshops around the State in an effort to gain insight into the development of the programs, including workshops hosted by the respective State agencies, as well as other stakeholders such as the Metropolitan Transportation Commission. The purpose of this memo is to provide a better understanding of how the funding will be distributed through the respective programs and opportunities for the City. Given the ongoing status of the development of the programs, we will also be tracking the additional changes that may be in store. �J Proposal for Lobbyist Services I City of La Quinta Page 27 239 This memo is divided into the following sections: • Overview of Cap -and -Trade Funding Programs —There are a number of programs scheduled to provide expenditures of cap -and -trade auction proceeds. In this status memo, we will be discussing the programs moving forward first that have a high relevance for local agencies, including the City. The programs are the Affordable Housing and Sustainable Communities (AHSC) Program, Transit and Intercity Rail Capital Program, and Low Carbon Transit Operations Program. • Stakeholder Comments on the Draft AHSC Guidelines —The guidelines for the AHSC Program were circulated for stakeholder comments and suggestions during September and October prior to development of the final guidelines. In this section are a few of the broader comments we captured during workshops. • Guidance for Determining Disadvantaged Communities —Per State law, guidance is being developed to comply with requirements of directing funding toward disadvantaged communities. The draft guidance was released last week and offers some insight into priorities. • Opportunities for Funding —Based on what is known about the programs at their varying stages of development, we can start to identify potential avenues for funding opportunities. • Next Steps —This section is a brief discussion on the next steps in the development of the funding programs and solicitation of applications. We will continue to update this memo as subsequent versions of program guidelines are released or other changes are announced. OVERVIEW OF CAP AND TRADE FUNDING PROGRAMS Legislation enacted over the past several years —including Assembly Bill 32 and Senate Bill 375— established the Cap and Trade Program and efforts to better coordinate sustainable planning in transportation, housing, and economic development. The Greenhouse Gas Reduction Fund (GGRF) was created for the deposit of the auction proceeds from the Cap and Trade Program and for distribution to the various funding programs. The first year of funding distribution is different from what will occur in subsequent years and will be dependent of the total amount of proceeds from the auctions. Only two areas (totaling 60 percent of future revenues) received multi -year allocations: Transit, Housing, and Sustainable Communities (35 percent) and High -Speed Rail (25 percent). Other programs —including the Low �j Proposal for Lobbyist Services I City of La Quinta Page 28 240 Carbon Transportation Program which received $200 million this fiscal year —will be subject to the annual budget process. Responsibility for the different programmatic areas of the GGRF investments and their respective funding amounts are described in the table below: Category Program Agency/Department Amount High -Speed Rail Project High -Speed Rail Authority $250 million Sustainable Low Carbon Transit Operations California State $25 million Communities Program Transportation Agency and Clean Transit and Intercity Rail Capital California State $25 million Transportation Program Transportation Agency Affordable Housing and Strategic Growth Council $130 million Sustainable Communities Program Low Carbon Transportation Air Resources Board $200 million Energy Efficiency Upgrades and Department of Community $75 million Energy Efficiency Weatherization Services and Development and Clean Energy Energy Efficiency for Public Energy Commission $20 million Buildings Agricultural Energy and Department of Food and $15 million Operational Efficiency Agriculture Wetlands and Watershed Department of Fish and $25 million Natural Restoration Wildlife Resources and Fire Prevention and Urban Department of Forestry and $42 million Waste Diversion Forestry Projects Fire Protection Waste Diversion CalRecycle $25 million Total $832 million Affordable Housing and Sustainable Communities Program At its July 10, 2014, meeting, the SGC took action to delegate implementation responsibilities for the various sub -programs of the AHSC to relevant State agencies. For the housing, transportation, and infrastructure components of the program, the SGC designated HCD as the lead agency. The implementation will include working with the SGC to develop program guidelines including grants and loans, evaluating applications, preparing agreements, monitoring agreement implementation, reporting and possible amendments. Per statute, the SGC is authorized to fund land use, housing, transportation, and land preservation projects to support infill and compact development that reduce greenhouse gas (GHG) emissions. Projects will facilitate the reduction of the emissions of GHGs by improving mobility options and increasing infill development, which decrease vehicle miles traveled and by reducing land conversion. The table on the following page provides a summary of the AHSC Program and information regarding amounts and eligible uses of funds: p Proposal for Lobbyist Services I City of La Quinta Page 29 241 Affordable Housing and Sustainable Communities Program Summary TOD (Corridor, District or Neighborhood) Integrated Connectivity Projects (ICP) Project Areas Qualifying High Quality Transit Areas Areas with Potential to Improve Transit Transit Project area must include a major transit Projects must include at least one (1) Requirements stop within a % mile catchment area with transit station or stop with service by at service by at least one of the following: least one of the following: • High Speed Rail 0 High Speed Rail • Commuter or Light Rail • Commuter or Light Rail • Bus Rapid Transit (BRT) • Bus Rapid Transit (BRT) • Express Bus • Bus, Vanpool/shuttle Eligible Eligible projects must include an Projects must include at least two (2) Projects affordable housing development eligible uses. At least one (1) of the (residential or mixed -use) and at least eligible uses must include an one (1) infrastructure -related capital infrastructure -related capital use as uses(s) detailed below. detailed below. Housing Housing developments may be: Development • New construction or existing development with rehabilitation and/or Requirements preservation of affordable housing at -risk of conversion • Housing developments are not required to by funded by AHSC Program funds Eligible Uses Eligible Capital Uses of Funds (*infrastructure -related): • Housing Developments* • Housing -related Infrastructure* • Transportation- or Transit -related Infrastructure* • Green Infrastructure* • Criteria Pollutant Reduction • Planning Implementation Eligible Program Uses of Funds: • Active Transportation Programs • Transit Ridership Programs • Pollutant Reduction Programs Funds No less than 40 percent of funds will be allocated to TOD projects Available No less than 30 percent of available funds will be allocated to Integrated Connectivity Projects Award Minimum: $1 million Minimum: $500,000 Amounts Maximum: $15 million Maximum: $S million Eligible The public agency that has jurisdiction over the project area is a required applicant, Applicants either by itself or jointly (co -applicant) with any of the following: • JPAs, PHAs, Transit Agency/Operators, School Districts, facilities districts or other special districts, developers (profit and/or non-profit) In addition to GHG emission reductions, statutes require funding be awarded consistent with State planning priorities, to help implement a regional Sustainable Communities Strategy (SCS), �J Proposal for Lobbyist Services I City of La Quinta Page 30 242 and have at least 50 percent be invested to benefit disadvantaged communities (usually those communities whose median household income is below 80 percent of the State income, or about $48,000 annually) and provide housing opportunities for lower income households. Transit and Intercity Rail Capital Program In addition to the AHSC Program, we have participated in the workshops for the Transit and Intercity Rail Capital (Capital) Program and Low Carbon Transit Operations (Operations) Program. The Capital Program is being coordinated by the California State Transportation Agency (CaISTA), working with the California Department of Transportation (Caltrans), and California Transportation Commission (CTC). Program goals include the reduction of GHG emissions, expanded rail services to increase ridership, the integration of different rail and bus systems, and improved rail safety. Transit and Intercity Rail Capital Program Summary Department CaISTA Establish program guidelines Roles SGC Review guidelines for consistency with State policy CaISTA Solicit and evaluate funding applications; prepare project list CTC Award grants to applicants pursuant to the list prepared by CaISTA Eligible • Rail capital projects —Projects that expand, enhance, and improve existing rail Projects systems and connectivity to existing and future rail systems, including the high- speed rail systems. Project also include acquisition of rail cars and locomotives. • Rail integration implementation —Projects that include integrated ticketing/scheduling systems, shared -use corridors, and related planning and other service integration initiatives. • Intercity and commuter rail —Projects that increase service levels, improve reliability, and decrease travel times. • Bus transit investments —Projects to increase ridership and reduce GHG emissions. • Other project types may be identified. Application CaISTA will consider the following in evaluating grant applications: Evaluations • The co -benefits of projects that support SCSs through one or more: reducing vehicle -miles traveled through increased rail ridership, promoting housing near rail stations, expanding transit, and promoting active transportation • Project priorities developed in collaboration by two or more rail operators • Geographic equity • Consistency with adopted SCSs and recommendations of regional agencies Funds • $25 million of Fiscal Year 2014-15 funds; and Available • 10 percent of future annual GGRF proceeds continuously appropriated Eligible The agency responsible for providing for transit service, including cities, counties, Applicants transit districts, and other special districts. 0 Proposal for Lobbyist Services I City of La Quinta Page 31 243 Eligible projects include rail and bus capital projects, and operational improvements that result in increased ridership and reduced GHG emissions. In addition, at least 25 percent of grants will benefit disadvantaged communities. Low Carbon Transit Operations Program The Operations Program will be coordinated by Caltrans—working with the California Air Resources Board (ARB), which is the lead agency for developing the guidance for maximizing the benefits to disadvantaged communities —and the State Controller's Office (SCO). In this program, approved projects will support new or expanded bus or rail services, or expanded intermodal transit facilities, and may include equipment acquisition, fueling, and maintenance and other costs to operate those services or facilities, with each project reducing GHG emissions. The Operations Program will target grants so that at least 50 percent of project expenditures will benefit disadvantaged communities. Low Carbon Transit Operations Program Summary Department Caltrans Establish program guidelines and determine eligibility of expenditures Roles SGC Review guidelines for consistency with State policy Caltrans Notify the SCO of approved expenditures and allocation amounts SCO Allocate funding Eligible • Expenditures supporting new or expanded bus or rail services, including Projects operations expenses • Expanded intermodal transit facilities, including equipment acquisition, fueling, and maintenance • Other costs to operate services and facilities Allocation • 50 percent to regional entities based on population (based on Public Utilities Distribution Code 99313) • 50 percent to transit agencies based on farebox revenue (based on Public Utilities Code 99314) Funds • $25 million of Fiscal Year 2014-15 funds; and Available • 5 percent of future annual GGRF proceeds continuously appropriated Eligible Public transit agencies that currently qualify for funding in the State Transit Assistance Applicants Program. Later in this status update memo is a discussion of the ARB's role in determining criteria to meet the State's goals for maximizing benefits to disadvantaged communities. With a significant percentage of cap -and -trade auction proceeds required to benefit these communities, it will be important for the City to identify areas to ensure competitiveness of applications. The California State Transportation Agency and Caltrans are expected to have draft guidelines for these programs available for review and input in November or December. p Proposal for Lobbyist Services I City of La Quinta Page 32 244 STAKEHOLDER COMMENTS ON THE DRAFT AHSC GUIDELINES Following multiple workshops soliciting input from stakeholders, the draft guidelines for the AHSC Program were released for stakeholder review and comment in September. The Transit Capital and Operations programs have just concluded their input workshops and, as noted above, likely will have draft guidelines available in November or December. The public comment period on the draft AHSC guidelines ended on October 31. Townsend Public Affairs participated in several of the workshops for the draft guidelines to gain additional information regarding concerns and suggested changes for the program. The SGC is scheduled to approve final guidelines for this program at its December 15 meeting, following by a Notice of Funding Availability in January 2015. Below are some of the comments and suggestions we noted from the various workshops we participated in, as well as written correspondence. It remains to be seen how the SGC will respond to suggestions for changes, given the fast timeline they are moving on. • Timing and Input Most stakeholders recognized the quick timelines the SGC is working under to move forward with development of the AHSC Program and appreciated the work that has put into the draft guidelines. There is also a recognition —by the SGC, as well as stakeholders —that the guidelines are very dense and complex. One of the overriding suggestions is for the SGC to provide another opportunity for public input prior to adoption of a final set of guidelines. This is especially critical for disadvantaged communities the program is intended to benefit, where the communities may not have the resources to quickly review, analyze and comment on complicated program guidelines. • Scoring Values One element of further consideration that is still needed in the draft guidelines are the relative point values associated with the scoring criteria that has been developed. While the criteria is a significant reference for determining eligible and competitive projects, the missing piece of the formula is how the scoring will be weighted among the criteria. Such point values will be critical in determining specific components of a project submitted for funding consideration, and should be made available for stakeholder comment. • Local Stakeholder Coordination Some stakeholders —particularly the League of California Cities —note the attention devoted to coordination by the SGC with metropolitan planning organizations (MPOs). Proposal for Lobbyist Services I City of La Quinta Page 33 245 Given that a large number of applications for funding will be submitted by local governments, especially cities, it should be just as important to coordinate with them on input to the AHSC Program. It is at the very local level that decision -makers are working to create sustainable communities and what projects work best in their area for residents and others. • Technical Assistance As already noted, the draft guidelines are recognized as being a complex document. Statutes require the cap -and -trade auction proceeds be used to maximize benefits in disadvantaged communities. A technical assistance resource as part of the program would be very beneficial to those communities identified as priorities for the funding that may not have the resources or technical expertise available to apply for, and fully leverage the funding being made available. • Proximity The draft guidelines require a housing project to be within % mile of a transit station, but other stakeholder suggestions are advocating for a closer proximity and some of the language in the guidelines in ambiguous. To ensure an appropriate proximity for purposes of funding projects in the various disadvantaged communities, the % mile requirement should be preserved. • GHG Calculations Most stakeholders agree a sound calculation of GHG reduction should be a part of the evaluation process for the AHSC Program. Unfortunately, the draft guidelines do not adequately provide a clear and proven methodology for performing such calculations, particularly one that applicants can feel confident is able to be compared against others in consideration of an award. An opportunity should be afforded to allow applicants to test their calculations prior to submitting an application. GUIDANCE FOR DETERMINING DISADVANTAGED COMMUNITIES Per statute, the investment of cap -and -trade auction proceeds should predominantly benefit disadvantaged communities. Historically, most grant programs coordinated by State agencies have had some form of emphasis on disadvantaged, or low-income communities. For many of these programs, however, the definition or criteria for the designation varied significantly. Finally, this year, with the development of the CalEnviroScreen tool and its use as part of the Active Transportation Program and even the drought water funding programs, there is a movement toward more standard criteria for disadvantaged communities. Legislation from 2012 (Senate Bill 535) directs the California Environmental Protection Agency — through the ARB—to provide guidance to State agencies distributing funding from cap -and -trade Q Proposal for Lobbyist Services I City of La Quinta Page 34 246 proceeds. The ARB's guidance addresses how to maximize the benefits of investments to disadvantaged communities, as well as how to determine whether proposed projects that achieve the goals of AB 32 would also provide direct, meaningful, and assured benefits to disadvantaged communities. On November 3, the ARB released their draft guidance per SB 535. In developing this draft guidance, the ARB coordinated with administering agencies and stakeholders, solicited early public input, and conducted workshops around the State. Over the next few months, the ARB will be finalizing full funding guidelines. These guidelines will provide the tools that agencies need to incorporate accountability measures into their program guidelines and project implementation. The ARB is basing the identification of disadvantaged communities on geographic, socioeconomic, public health, and environmental hazard criteria. There are two key criteria the ARB is considering: • Areas disproportionately affected by environmental pollution and other hazards that can lead to negative public health effects, exposure, or environmental degradation; and • Areas with concentrations of people that are of low income, high unemployment, low levels of homeownership, high rent burden, sensitive populations, or low levels of educational attainment. Estimated GGRF Appropriations Expected to Benefit Disadvantaged Communities _ Fiscal Year 2014-15 Program (Agency) Total FY 14-15 Appropriation (millions) Total % Targeted to Benefit Disadvantaged Communities Potential Funds to Benefit Disadvantaged Communities (millions) Total Benefiting Subtotal Located in High -Speed Rail Project (HSRA) $250 TBD TBD TBD Low Carbon Transit (Caltrans) $25 32% $8 TBD Transit and Intercity Rail (Caltrans) $25 25% $6 TBD AHSC Program (SGC) $130 50% $65 TBD Low Carbon Transportation (ARB) $200 50% $100 TBD Weatherization Upgrades (CSD) $75 100% $75 $75 Energy Efficiency —Buildings (CEC) $20 TBD TBD TBD Energy Efficiency—Ag (CDFA) $15 TBD TBD TBD Wetlands Restoration (DFW) $25 TBD TBD TBD Urban Forestry (CaIFIRE) Sustainable Forests (CaIFIRE) $18 100% $18 $10 $24 TBD TBD TBD Waste Diversion (CalRecycle) $25 10% $3 TBD TOTAL $832 33% $275 $85 33% 10% �J Proposal for Lobbyist Services I City of La Quinta Page 35 247 As an applicant, the City will want to consider some of the common needs of disadvantaged communities and how proposed projects will address needs and provide benefits. Below is a sample map from the CalEnviroScreen Tool —the Census tract in red designates a high -priority disadvantaged community. CalEnviroScreen 2.0 results Lowest5cores(Bonom 4, 11 SrrewrCaor nq.aq'• \, 21 -30% Al - 50% 51.50% 61 -70% 71.60% .. _ ' Highest Scares (91 - 100%) High pollution, low population Esn. HERE. €leirnne. Intltrrn Pp TT=i= USES. MEP; The ARB has provided a summary list of some of these needs to be used as examples: • Public Health and Safety o Reduce health harms (e.g., asthma) suffered disproportionately by low-income residents/communities due to air pollutants o Reduce health harms (e.g., obesity) suffered disproportionately by low-income residents/communities due to the built environment (e.g., by providing active transportation opportunities, parks) o Increase community safety o Reduce heat -related illnesses and increase thermal comfort (e.g., weatherization and solar energy can provide more efficient and affordable air conditioning; urban forestry can reduce heat-island effect) • Economic o Create qualityjobs and increase family income (e.g., targeted hiring for living wage jobs that provide access to health insurance and retirement benefits with long- term job retention) o Increase job readiness and career opportunities (e.g., workforce development programs, on-the-job training, industry -recognized certifications) o Revitalize local economies (e.g., increased use of local businesses/small businesses) 0 Proposal for Lobbyist Services I City of La Quinta Page 36 248 o Reduce housing costs (e.g., affordable housing) o Reduce transportation costs (e.g., free or reduced cost transit passes) and improve access to public transportation (e.g., new services in under -served urban and rural communities) o Reduce energy costs (e.g., weatherization, solar, etc.) o Improve transit service levels and reliability on systems/routes that have high use by low-income riders o Bring jobs and housing closer together (e.g., affordable housing in transit -oriented development, and in healthy, high -opportunity neighborhoods) • Environmental o Reduce exposure to local toxic air contaminants (e.g., provide a buffer between bike/walk paths and corridors with high levels of transportation pollution) o Prioritize zero -emission vehicle projects for areas with high diesel air pollution OPPORTUNITIES FOR FUNDING The discussion below related to potential opportunities for funding through the cap -and -trade expenditure programs is meant to organic. As the AHSC Program guidelines are finalized in the next few weeks, and as the draft guidelines for the transit programs are released later this month, we can re-evaluate the opportunities based on additional information. We will describe some possible general project ideas based on ideas discussed in the various stakeholder workshops. It will be great for City officials and staff to contribute ideas and thoughts to the possibilities below. Affordable Housing and Sustainable Communities Program As described earlier in this memo, the AHSC Program supports projects that will increase accessibility of housing, employment centers, and key destinations via low -carbon transportation options (walking, bicycling and transit), resulting in fewer vehicle miles traveled. The AHSC Program will provide grants and affordable housing loans for infill and compact transit -oriented development and related infrastructure and program activities. As noted in the summary chart earlier in this memo, the AHSC Program is organized into two categories for funding: Transit -Oriented Development (TOD) and Integrated Connectivity Projects (ICP). The TOD subcategory is designed for areas with major transit stop (more frequent headways) within % mile of the project. For a project to be eligible under the TOD subcategory, the project must meet the transit requirement and have a nearby affordable housing development (residential or mixed -use), and contain an infrastructure -related capital component. 0 Proposal for Lobbyist Services I City of La Quinta Page 37 249 OPPORTUNITIES FOR FUNDING The ICP is designed for those areas with the potential to improve transit, but still containing at least one transit station or stop (although the types of transit are more broadly defined). While an affordable housing development is not required, an application for funding must contain either two capital project elements or a capital and a program use. Potential Capital Projects/Uses: • Housing development, including new construction, substantial rehabilitation, conversion or preservation. At least 20 percent of the total units must be restricted units, and projects in metropolitan areas must have at least 100 units, while projects in non -metropolitan areas must have at least 50 units. • Housing -related infrastructure, including improvements required as a condition of the affordable housing development (e.g., sewer upgrades, streets, utility access/relocation, etc.), site acquisition, and impact fees. • Transportation and transit -related infrastructure projects designed to enhance public transit; enhance pedestrian or bicycle access between transit station, housing and key destinations; and soft costs directly related to the construction or acquisition. • Green infrastructure projects designed to enhance environmental sustainability of the project area (i.e., heat island mitigation, tree canopy, stormwater filters), and soft costs directly related to the construction or acquisition. • Pre -development costs related to planning implementation, including improvement or updates to existing plans or zoning codes to allow for the development of the project, parking studies for the proposed project area, and project -based infrastructure financing plans. Potential Program Projects/Uses: • Start-up costs associated with program creation and expansion costs for existing programs to serve new populations or offer new services related to active transportation, transit ridership, and criteria pollutant reduction. Transit and Intercity Rail Capital Program The amount of information we have related to eligible projects for the Transit and Intercity Rail Capital Program is limited as the draft guidelines are not yet available. What is available —and is reflected in the summary chart earlier in this memo —is the following: Rail capital projects that expand, enhance, and improve existing rail systems and connectivity to existing and future rail systems, including the high-speed rail systems. Project also include acquisition of rail cars and locomotives. Rail integration implementation that include integrated ticketing/scheduling systems, shared -use corridors, and related planning and other service integration initiatives. ® Proposal for Lobbyist Services I City of La Quinta Page 38 250 • Intercity and commuter rail that increase service levels, improve reliability, and decrease travel times. • Bus transit investments to increase ridership and reduce GHG emissions. • Other project types that may be identified in the draft guidelines. Low Carbon Transit Operators Program Similar to the Transit and Intercity Rail Capital Program, the Low Carbon Transit Operators Program is still in the guideline development stage and details are very limited. Eligibility will likely be for agencies that can receive funding through the State Transit Assistance Program. So far, the indications from CaISTA are for eligible expenditures: • Supporting new or expanded bus or rail services, including operations expenses; • Expanding intermodal transit facilities, including equipment acquisition, fueling, and maintenance; and • Other costs to operate services and facilities NEXT STEPS While we are waiting for final guidelines to be released for the AHSC Program, and for the draft guidelines for the transit programs to be released for review, it is important to start thinking about potential projects. Working with City staff, we need to identify likely eligible project areas and needed infrastructure improvements. The SGC has outlined a proposed timeline for the remainder of the implementation of the AHSC as follows: • December 2014—Final guidelines presented to SGC for approval • January 2015—Funding solicitation released • April 2015—Applications due • June 2015—Awards announced For the transit programs, CaISTA and Caltrans will release draft guidelines for comment toward the end of November, with guidelines finalized and a solicitation for projects planned in the first half of calendar year 2015. The other programs listed in the cap -and -trade summary chart will follow behind these current programs and we will keep the City notified of updates to their development. Q Proposal for Lobbyist Services I City of La Quinta Page 39 251 9. Capacity to Represent Clients on Both State and Federal Levels TPA is a government relations firm that provides state, federal, and local advocacy services to public agencies, non-profit organizations, and select private companies that aim to improve their communities in a variety of policy areas. TPA is one of the largest advocacy firms in California and is consistently ranked among the "Top Ten" lobbying firms registered with the California Secretary of State. Also, TPA offers its California -based clients with federal legislative advocacy services through the federal office in Washington, D.C. TPA maintains four offices: (1) TPA State Capitol Office, Sacramento; (2) TPA Federal Office, Washington, D.C.; (3) TPA Southern California Office, Newport Beach; and (4) TPA Northern California Office, Oakland. Among those four offices and TPA's 15 employees, 11 are registered federal and state lobbyists. TPA has represented over 250 cities, counties, public agencies, and non -government entities across the State of California at the state and federal levels, and this long list of satisfied clients is evidence of our ability to work successfully with the City as well. With extensive experience in California politics and policies facing local government, TPA has the know-how to strategically support and advise the City on policy strategies and budget issues at both the federal and state levels, as well as the ability to execute proven procedures to achieve results. TPA has experience in ensuring local control is preserved through the defeat of state and federal legislative measures that would encroach and impinge upon the City's ability to deliver cost-effective services, as well as the creation and support of legislation that would preserve local control and help obtain benefits that are advantageous for the City. We have experience in educating legislators, briefing staff, and building coalitions of like-minded interests and stakeholders on behalf of issues that have affected not only our clients, but the City as well. As outlined in Question 7, TPA has shepherded dozens of client sponsored legislation into law under different administrations at the state and federal levels including President Obama, Governor Davis, Governor Schwarzenegger, and Governor Brown. TPA has a long-standing, working relationship with current Governor Jerry Brown and will secure meetings with his office on behalf of the City. Additionally, TPA's federal team maintains contact with President Obama's Administration for which TPA will facilitate meetings. Throughout the Firm's 17 years of operation, TPA has provided state and federal legislative advocacy services to municipalities in the issue areas of local government, infrastructure, energy, water, transportation, natural resources, public safety, and municipal public utilities. Some examples include, but are not limited to: STATE BUDGET ITEMS • Through the leadership of Assembly Budget Chair Nancy Skinner, TPA worked in direct partnership with the Assembly Member and her chief of staff to draft, insert, and secure a $2 million dollar earmark in the 2014-15 State Budget specifically for the City of Oakland. The funding was allocated through the Recidivism Reduction Fund, 0 Proposal for Lobbyist Services I City of La Quinta Page 46 administered by the Board of State and Community Corrections (CBSCC), to the City of Oakland due to its improving, but still high rates of crime. Recognizing this need, while also identifying the network of providers and programs already established in Oakland and making notable progress, Assembly Member Nancy Skinner with the support and partnership of TPA, assisted in directing the CBSCC grant to the City to help build on existing investments and expand opportunities, thus strengthen ongoing efforts around violence reduction FEDERAL AND STATE TRANSPORTATION • In 2003, TPA worked with Senator Torlakson to overcome Caltrans opposition on behalf of the City of Antioch. Millions of dollars in funds were reinstated for area highway projects and the Governor presided over the ribbon cutting. • In 2011, TPA was successful in amending AB 957 (Committee on Transportation) in the closing days of the Legislative Session to allow the State to relinquish to the City of Buena Park much of Beach Boulevard within its jurisdiction. This bill was unanimously approved by the Legislature and secured the Governor's signature, and allowed much - needed improvements and development to occur in the City. • In 2014, on behalf of the North County Transit District, TPA successfully secured statewide authority for transit agencies to install longer bicycle racks. AB 2707 (Chau) allows for 40-foot buses to now carry up to three bicycles, compared to the previous limit of two. This authority will increase use of transit, encourage healthier lifestyles, and further reduce greenhouse gas emissions. FEDERAL AND STATE PUBLIC SAFETY • In 2013, TPA sponsored AB 48 (Skinner) on behalf of the City of Oakland to help reduce violent crime and address the high number of shootings in the City. This bill makes it a crime to purchase or receive a large -capacity ammunition magazine and prohibits the sale, purchase or import of repair kits designed to convert regular ammunition magazines into illegal large -capacity magazines. AB 48 was approved by the Legislature and was signed into law by Governor Brown. • In 2014, on behalf of many East Bay cities, including Oakland, Emeryville, Berkeley, San Leandro and the police chiefs of Emeryville and Hayward, TPA was the co-sponsor of SB 962 (Leno) to help address smartphone theft. SB 962 requires all smartphones sold in California to come pre -equipped with theft -deterring technological solutions to render the devices useless if stolen, and is the first of its kind in the nation. FEDERAL AND STATE RENEWABLE ENERGY/WATER INFRASTRUCTURE • In 2003, TPA sponsored AB 2528 (Lowenthal) on behalf of the Orange County Water District, which clarified language relating to emerging contaminants. This bill passed without a single no vote, despite early opposition from the Association of California Water Agencies. Q Proposal for Lobbyist Services I City of La Quinta Page �ff • In 2006, TPA sponsored AB 2619 (Daucher) on behalf of the Orange County Water District which made changes that aligned governing legislation with existing best practices and current state and federal codes. • TPA assisted the Municipal Water District of Orange County in efforts to create a program to provide low interest loans for water infrastructure. The Water Infrastructure Finance and Innovation Act (WIFIA) will provide loans for clean and safe water and levee infrastructure. TPA worked directly with the Environment and Public Works Committee staff on the pending Water Resources and Development Act legislation to, and the bill (S. 601) was unanimously approved by the committee. ADDITIONAL EXAMPLES CAN BE FOUND IN APPENDIX A AND B. ,j Proposal for Lobbyist Services I City of La Quinta Page JIM VANDERPOOL, CITY MANAGER OF BUENA PARK 6650 Beach Blvd Buena Park, CA 90622, (714) 936-0972, JVanderpool@buenapark.com Client Manager: Cori Williams Project Staff: Richard Harmon; Project Description: Transportation; Start — End Date: 2011 — 2011 Final Outcome: TPA crafted a legislative strategy to help the City re -gain control of portions of a State-owned thoroughfare in its boundaries. TPA leveraged its relationships in Sacramento and worked expeditiously to amend existing legislation to advance the State's relinquishment of a five - mile stretch of Blvd (Highway 39). This legislative strategy advanced in the closing days of session. As a result, the City of Buena Park now has greater control over a five -mile stretch of Beach Blvd, allowing for the progress of economic development. DENNIS WILBERG, CITY MANAGER OF MISSION VIEJO 200 Civic Center Mission Viejo, CA 92691, (949) 470-3000, DWilberg@cityofmissionviejo.org Client Manager: Cori Williams Project Staff: Cori Williams; Project Description: Local Control; Start — End Date: 2014 — 2015 Final Outcome: TPA worked closely with the City of Mission Viejo, the Orange County Fire Authority, the Orange County legislative delegation and legislative committee staff to defeat legislation, AB 1217, that would have drastically reduced the Board of Directors of the Orange County Fire Authority (OCFA). TPA worked with legislative committee staff and elected members of relevant committees to express opposition to this State legislation that would have eliminated local control. As the bill moved through the Assembly, TPA worked closely with the Orange County Assembly Delegation to secure opposition from the entire delegation, with the exception of the author. Ultimately, TPA worked with the City of Mission Viejo and the Orange County Fire Authority to propose a local solution to this legislation. Through this collaborative effort, AB 1217 was successfully defeated this year. DAVID CAVAZOS, CITY MANAGER OF SANTA ANA 20 Civic Center Plaza Santa Ana, CA 92701, (714) 647-5400, DCavazos@sant-ana.org Client Manager: Casey Elliot Project Staff: Casey Elliot; Project Description: Redevelopment Dissolution; Start — End Date: 2013 — 2014 Final Outcome: TPA worked closely with the City of Santa Ana, the City's legal team, and the City's legislative representatives to reduce the amount of funding that the State demanded of Santa Ana due to the dissolution of the City's redevelopment agency. TPA helped facilitate meetings with the Administration, Department of Finance, and interested legislators to discuss the City's position in regard to what items should be classified as enforceable obligations. TPA also worked with Sacramento -based advocates for affordable housing organizations that were directly impacted by the proposed dissolution actions in order to help demonstrate broad community support for the City's position. Through this team effort, the State reduced the City's housing -related dissolution liability by $22.1 million. KEN NORDHOFF, CITY MANAGER OF WALNUT CREEK 1666 N. Main Street, Walnut Creek, CA 94596, (925) 943-5812, NordHoff@walnut-creek.org Client Manager: Niccolo De Luca Project Staff: Niccolo De Luca and Alex Gibbs; Project Description: Local Government; Start — End Date: 2014 — 2015 Final Outcome: TPA coordinated sponsorship efforts AB 451 (Bonilla) on behalf of the City of Walnut Creek. AB 451 sought to enable cities and counties to adopt parking ordinances that best facilitate economic activity in their jurisdictions. The legislation clarifies the ability of cities and counties to authorize the regulation of private parking facilities by their owners and managers. TPA worked closely with Assembly Member Susan Bonilla to lead the coalition on this bill and secure the Governor's signature on August 11, 2015. Q Proposal for Lobbyist Services I City of La Quinta Page N TPA does not have any prior or current ongoing alleged contract failures, any civil or criminal litigation or investigation pending, which involves TPA or in which TPA has been judged guilty or liable within the past five years. Proposal for Lobbyist Services I City of La Quinta Page A4 Option 1: State and Federal Legislative Lobbyist Services Christopher Townsend, President $200 Richard Harmon, Director $150 Casey Elliot, State Capitol Director $150 Jessica Fernandez, Senior Associate $100 Cori Williams, Senior Associate $100 *This fee includes all normal business expenses, materials, and travel costs Option 2: State and Federal Legislative Lobbyist Services $5,000 Per Month* • Develop Legislative Platform and Strategy Related to Included Project • Identify, Review, Analyze, and Track Legislation Related Included to Project • Draft Legislation and Amendments Included • Coordinate State and Federal Advocacy Trips Included • Strengthen and Maintain Relationships with the Legislators Included and Other Organizations • Provide Progress Reports Included • Prepare and File All Advocacy Disclosure Reports Included *This fee includes all normal business expenses, materials, and travel costs 0 Proposal for Lobbyist Services I City of La Quinta Page t� Click here to return to Option 3: State and Federal Legislative Lobbyist Services $10,000 Per Project* *This fee includes all normal business expenses, materials, and travel costs ,J Proposal for Lobbyist Services I City of La Quinta Page TPA guarantees it will complete its work and perform all tasks tas requested by the City, however, pursuant to the California Political Reform Act, TPA cannot guarantee a specific legislative outcome. ,j Proposal for Lobbyist Services I City of La Quinta Page TPA will not use any subcontractors for any portion of TPA's work with the City. ,j Proposal for Lobbyist Services I City of La Quinta Page W8 TPA will maintain the minimum insurance coverage and indemnification noted in Sections 5.0 and 6.0 of the City's Professional Services Agreement. 0 Proposal for Lobbyist Services I City of La Quinta Page :�69 ATTACHMENT 3 Special Requirements NON -COLLUSION AFFIDAVIT FORM Document Scanning Services MUST BE EXECUTED BY PROPOSER AND SUBMITTED WITH PROPOSAL I, L , (name) hereby declare as follows: I am deLAt (title) o ICompany), the party making the foregoing proposal, that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any other proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal. I declare under penal ferjury under the la s of the State of California that the foregoing is true and or fit. Proposer Signature ° By Name Wk Title Proposal for Lobbyist Services I City of La Quinta Page 50 262 DESCRIPTIONISSUE ALCOHOL, In response to Oakland's public safety needs, TPA facilitated a TOBACCO, collaboration between the federal ATF, DOJ and Oakland police to FIREARMS AND remove firearms and violent criminals from Oakland's streets. "In just EXPLOSIVES under 120 days, Operation Gideon resulted in the removal of over 92 firearms off the streets of Oakland." Oakland Police Chief Howard Jordan. Over a four month period the results include 92 guns seized, 90 arrests in all, 60 face federal charges, and 30 state charges. CULTURAL TPA was the driving force in helping longtime client, the Discovery RESOURCES Science Center (DSC), win the prestigious National Medal for Museum and Library Service, one of ten museums nationwide to receive the honor. First Lady Michelle Obama presented the award to DSC President Joe Adams in the East Room of the White House. The national medal is the nation's highest honor conferred on museums and libraries for service to the community and celebrates institutions that make a difference for individuals, families, and communities. Congresswoman Loretta Sanchez, a longtime supporter of DSC who worked with TPA to nominate it for the award, attended the ceremonies at the White House as well as a reception. The award also included a nominal financial award. HISTORIC After two years of inaction by the previous federal advocate for the City of PRESERVATION Fullerton, TPA was successful in securing the designation of a post office in Fullerton to be listed on the National Register of Historic Places. PUBLIC SAFETY TPA worked with Senator Barbara Boxer and the Department of Justice on the School Safety Enhancement Act on legislation that created a new grant program to enable schools to apply for federal funding to create school safety plans and to purchase technology to improve student safety. TPA ensured the program was put under the jurisdiction of Department of Justice's Community Oriented Policing Office. Due to TPA's close working relationship with that office, the DOJ promptly and effectively executed the program. TAXES On behalf of several California cities, TPA amended legislation - the Wireless Tax Fairness Act - to ensure that cities across California are able to raise revenue pursuant to Proposition 218. If not amended, H.R. 1002 would have effectively overridden the will of California voters and limited their ability to modify their local wireless taxes systems. Oakland's 7.5 percent utility tax provides 13 percent of the City's general fund revenue. Activities on this effort are ongoing as tax reform continues to remain a priority for both branches of government and wireless taxes are germane to this effort. TRANSPORTATION TPA successfully opposed the Transient Occupancy Tax (TOT) legislation, worth over $100 million annually to California Cities. On behalf of several California cities, TPA worked closely with the staff for the House Ways & Means Committee, the Senate Finance Committee, and the California Congressional Delegation to fight off efforts of online travel companies to withhold some of the transient occupancy taxes (TOT) they owe to cities. 0 Proposal for Lobbyist Services I City of La Quinta Page �ff On behalf of the City of Brea, TPA engaged the Senate Environment & Public Works Committee (including Chair Barbara Boxer and Ranking Member Jim Inhofe) to amend the Transportation Authorization Bill MAP- 21 to include language supporting the Orange County Transportation Authority M-2 Environmental Mitigation Program to provide for comprehensive environmental mitigation, including a preference to mitigating environmental impacts through the use of federal funds directly deposited and shared via approved regional mitigation banks. TPA advocacy effort results in 10 partial Buy America waivers for the Merced County Association of Governments. These waivers allowed five cities in Merced County to purchase 10 pollution -reducing vehicles. Without the waivers, MCAG would have been prevented from using Federal dollars to make the purchases as the Federal Highway Administration's Buy America requirement mandates that all steel and iron used in government projects be manufactured domestically. TPA coordinated a coalition of Congressional members from the San Joaquin Valley including Representatives Jim Costa, Devin Nunes, David Valadao, Tom McClintock, Jeff Denham, and Kevin McCarthy who issued delegation letter to the Secretary of Transportation advocating for the waivers. VETERANS TPA drafted and successfully inserted language in legislation signed into law by President Obama requiring a minimum of 25 percent of funds appropriated for the Veterans Workforce Investment Program fund be used for grants to develop workforce training programs for disabled veterans. WATER TPA assisted the Municipal Water District of Orange County in efforts to INFRASTRUCTURE create a program to provide low interest loans for water infrastructure. The Water Infrastructure Finance and Innovation Act (WIFIA) will provide loans for clean and safe water and levee infrastructure. TPA worked directly with the Environment and Public Works Committee staff on the pending Water Resources and Development Act legislation to, and the bill (S. 601) was unanimously approved by the committee. ZONING TPA, acting on behalf of the City of Fullerton, successfully pushed through action designating a post office in Fullerton to be on the National Register of Historic Places after two years of inaction at the federal level. Once TPA engaged Congressional, USPS and National Park Service staff, the designation was approved three months later. Proposal for Lobbyist Services I City of La Quinta Page #� DESCRIPTIONISSUE AFFORDABLE In 2010, TPA sponsored AB 1867 (Harkey) on behalf of the City of San HOUSING Juan Capistrano which provides cities with additional opportunities to create affordable units through the RHNA process. The bill gives local government additional autonomy by allowing ownership units, not just rental units, to be rehabilitated and counted under the RHNA process. TPA was able to successfully work with the author, committee staff, and affordable housing advocates, to craft a measure that was beneficial to our client and could be supported by all parties. The bill was approved by the Legislature and then signed by the Governor. AIR QUALITY In 2007, TPA sponsored AB 1488 (Mendoza) on behalf of Worldwide Environmental Products. This measure required the Bureau of Automotive Repair to include light -weight diesel -powered vehicles manufactured after 1997 in the State's smog check program beginning in 2010. TPA worked closely with members of the Legislature, and key officials within the Administration, to ensure that this important measure successfully passed the Legislature and was signed by the Governor. CHARTER SCHOOL In 2001, TPA in coalition with similar organizations, helped shape SB 740 FACILITIES FUNDING (O'Connell) on behalf of several clients. This piece of legislation created the first state school facility grant program to benefit classroom -based public charter schools. SB 740 was ultimately crafted to ensure that not only schools with low-income student populations, but also schools in and benefiting low-income areas, would be eligible for the facility grant reimbursement. ENTERPRISE ZONE In 2006, TPA worked in coalition with similar organizations, and on behalf REGULATIONS of many of our clients to ensure the continuation of the Enterprise Zone program. This program provides tax credit benefits to employers who hire disadvantaged workers. TPA also successfully influenced changes to the Enterprise Zone program regulations and lobbied for legislative clarifications. HIGHER EDUCATION In 2008, TPA sponsored AB 2804 (Hayashi) on behalf of the Chabot Las Positas Community College District. This measure added flexibility for community colleges participating in the California Solar Initiative for solar panel installation at community college sites. In 2012, TPA sponsored AB 2478 (Hayashi) on behalf of the Orange County Community College Legislative Task Force — a coalition comprised of the four community college districts in Orange County. The bill provided an incentive for veterans to attend community college in California by extending the length of time that veterans are able to access in -state tuition rates at California Community Colleges. The bill was pursued as a state solution in response to changes in federal law that would have severely restricted tuition benefits to veterans. Proposal for Lobbyist Services I City of La Quinta Page A� Click here to return to LOCAL In 2007, TPA sponsored SB 558 (Cogdill) on behalf of the City of Fresno GOVERNMENT which clarified the complex laws regulating the transfer of the City's water infrastructure to a newly formed special district. SB 558 was unanimously approved by the Legislature and secured the Governor's signature. In 2008, TPA sponsored AB 2001 (Swanson), on behalf of the City of Oakland which allowed local governments to establish whistle -blower hotlines and additional provisions to protect their identity. In 2010, TPA sponsored AB 191 (Solorio) on behalf of the City of Santa Ana which exempted select cities from Highway User Tax Account (gas tax) deferrals, if the deferrals create a hardship for the city. This measure resulted in the State paying the City hundreds of thousands of dollars that would have otherwise been delayed under the provisions of the State budget. In 2011, TPA sponsored AB 184 (Swanson) on behalf of the City of Oakland. This bill gives local governments the authority to loan money to homeowners for seismic safety improvements. The bill makes seismic retrofits more affordable by providing homeowners with a financing option that removes much of the upfront expense. AB 184 enjoyed bi- partisan support in the Legislature and was one of the first bills signed by Governor Jerry Brown. In 2013, TPA sponsored AB 1144 (Hall) on behalf of the City of Carson authorized the City to establish a post -retirement medical program vesting schedule in accordance with the collective bargaining agreements reached between the City and their respective bargaining units. This measure helped the City of Carson address an otherwise unfunded liability, which was projected at $48 million. Collaboration between Assembly Member Hall, the City, the local bargaining units, CalPERS, and legislative committee staff was crucial to the success of this legislation. TPA is proud to have played a guiding hand in strategically crafting this legislation and shepherding it through the legislative process. In 2014, TPA sponsored AB 2292 (Bonta) for the City of San Leandro, which would allow the inclusion of broadband internet infrastructure in new financing districts, which was of serious concern for future development by internet based technology companies in the area. In 2014, TPA sponsored SB 883 (Hancock) for the City of San Pablo and successfully secured $3 million in legislative support for the Doctor's Medical Center in West Contra Costa County to remain open and continue to see emergency patients. 0 Proposal for Lobbyist Services I City of La Quinta Page 2%4 Click here to return to In 2014, TPA sponsored SIB 946 (Huff) on behalf of the Orange County Sanitation District (OCSD). SIB 946 sought to amend the OCSD District Act to modify the Governing Board of the OCSD. This modification reflected an agreement between the City of Yorba Linda (City) and the Yorba Linda Water District (YLWD), which provided that the YLWD would assume all responsibility and liability for the lateral sewer lines within the City's boundaries. In coming to this agreement, the two entities also determined it would be appropriate to transfer governing board representation from the City to the YLWD. The OCSD has a governing board of 25 members, and provides service to approximately 2 million Orange County residents. SIB 946 was signed into law by Governor Brown on July 21, 2014. In 2015, TPA sponsored AB 451 (Bonilla) on behalf of the City of Walnut Creek. AB 451 sought to enable cities and counties to adopt parking ordinances that best facilitate economic activity in their jurisdictions. The legislation clarifies the ability of cities and counties to authorize the regulation of private parking facilities by their owners and managers. TPA worked closely with Assembly Member Susan Bonilla to lead the coalition on this bill and secure the Governor's signature on Auaust 11. 2015. MILITARY BASE RE -USE In 2001, TPA sponsored AB 212 (Correa) on behalf of the City of Santa Ana and the Santa Ana Unified School District. This bill provided the necessary leverage to end an ongoing dispute between concerned local government parties and led to a $61 million mutually beneficial settlement. PENSION BENEFITS In 2013, TPA sponsored AB 1144 (Hall) on behalf of the City of Carson REFORM authorized the City to establish a post -retirement medical program vesting schedule in accordance with the collective bargaining agreements reached between the City and their respective bargaining units. This measure helped the City of Carson address an otherwise unfunded liability, which was projected at $48 million. Collaboration between Assembly Member Hall, the City, the local bargaining units, CalPERS, and legislative committee staff was crucial to the success of this legislation. TPA is proud to have played a guiding hand in strategically crafting this legislation and shepherding it through the legislative process. In 2014, TPA sponsored SIB 1251 (Huff) on behalf of the City of Brea and the City of Fullerton. The two cities have been working together to facilitate a merger of their Fire Departments into one single entity, which will service both communities. In order to provide consolidated services, maximize cost savings, and maintain local control the cities must enter into a Joint Power Agreement (JPA) to fully merge the two departments. However, in their efforts to form the JPA, the cities became aware that law passed in 2013, the Public Employees' Pension Reform Act (PEPRA), prohibited employees, who would be subject to such a merger, from retaining their existing retirement benefits. In order to remedy this situation that had not been contemplated in PEPRA, SIB 1251 was introduced to make a technical change that would amend state law and 0 Proposal for Lobbyist Services I City of La Quinta Page A§ Click here to return to allow the two cities to enter into a JPA and fully merge the two departments, while ensuring that existing employees from both cities would be able to keep their retirement benefits at the rate they were hired. SB 1251 was signed by the Governor on September 28, 2014. In 2015, TPA sponsored SB 354 (Huff) on behalf of the cities of Brea and Fullerton. The legislation provided a fix to an issue identified by CalPERS while implementing the provisions of previous legislation that allowed the cities to form a Joint Powers Authority (JPA) for fire services. While the previous legislation allowed the cities to transfer employees to the JPA while retaining their existing retirement formulas, an issue was identified that would have resulted in certain transferred employees to be classified as new employees and lose their existing retirement formula. TPA worked closely with Senator Bob Huff to coordinate the efforts of Brea and Fullerton to pursue this critical amendment to state law so that the cities could establish their JPA to create operational efficiencies and sianificant financial savinas. PUBLIC SAFETY In 2007, TPA sponsored SB 67 (Perata) on behalf of the City of Oakland to crack down on "sideshow" reckless driving activities. The bill passed through both houses of the state legislature and was signed by the Governor. In 2013, TPA sponsored AB 48 (Skinner) on behalf of the City of Oakland to help reduce violent crime and address the high number of shootings in the City. This bill makes it a crime to purchase or receive a large -capacity ammunition magazine and prohibits the sale, purchase or import of repair kits designed to convert regular ammunition magazines into illegal large - capacity magazines. AB 48 was approved by the Legislature and was signed into law by Governor Brown. In 2014, TPA sponsored SB 962 (Leno) for the City of Oakland, a bill designed to curb the theft of smart -phones, which was an epidemic in the area, by creating a "kill switch" on all new models of smart -phones that would render the devices useless once activated. REDEVELOPMENT In 2006, TPA successfully secured an amendment to SB 1206 (Kehoe) REGULATIONS on behalf of the City of Oakland to exclude a major redevelopment tool that the City needed for two areas it was trying to fuse into one combined Redevelopment Area. SCHOOL FACILITIES In 2009, TPA sponsored AB 1080 (Skinner) on behalf of the City of Emeryville and the Emery Unified School District to allow for expanded joint -use partnerships between cities and school districts. This bill allows public agencies to efficiently use local resources for the construction of community facilities while protecting the state's investment in school facilities and respecting the safety needs of students. TRANSPORTATION In 2003, TPA worked with Senator Torlakson to overcome Caltrans opposition on behalf of the City of Antioch. Millions of dollars in funds were reinstated for area highway projects and the Governor presided over the ribbon cutting. 0 Proposal for Lobbyist Services I City of La Quinta Page 2�§ Click here to return to Agenda In 2011, TPA was successful in amending AB 957 (Committee on Transportation) in the closing days of the Legislative Session to allow the State to relinquish to the City of Buena Park much of Beach Boulevard within its jurisdiction. This bill was unanimously approved by the Legislature and secured the Governor's signature, and allowed much - needed improvements and development to occur in the City. URBAN WATER In 2003, TPA sponsored AB 2528 (Lowenthal) on behalf of the Orange REGULATIONS County Water District, which clarified language relating to emerging contaminants. This bill passed without a single no vote, despite early opposition from the Association of California Water Agencies. VETERANS In 2011, TPA sponsored AB 905 (Pan) on behalf of the Veterans of Foreign Wars, Department of California, which expands options for, and prioritizes the person authorized to direct disposition indicated on the Defense Record of Emergency Data, as the person to take control of a military service member's remains should they die while on duty. AB 905 was approved by the Legislature and secured the Governor's signature. VICTIM PROTECTION In 2008, TPA sponsored AB 499 (Swanson) on behalf of the City of Oakland which created a pilot project in Alameda County to place sexually exploited minors accused of prostitution offenses into supervised counseling and treatment programs. WATER DISTRICT In 2006, TPA sponsored AB 2619 (Daucher) on behalf of the Orange ENABLING ACT County Water District which made changes that aligned governing legislation with existing best practices and current state and federal codes. 0 Proposal for Lobbyist Services I City of La Quinta Page 2%7 Funding Source Army Corp of Engineers Description City of Merced: Appropriation Earmark: Black Rascal $500,000 Creek Flood Control City of Garden Grove: Appropriation Earmark: Yockey- $500,000 Newland Storm Drain City of Mission Viejo: Ferrocarril Permanent Slope $850,000 Repairs Municipal Water District of Orange County: MWDOC $875,000 Desalination Facility Center for Disease Control Latino Health Access: Youth Obesity Prevention Program $150,000 Department of Agriculture Orange County Great Park: Farmers Market Promotion $22,500 Program Department of Education Children's Discovery Museum of San Jose: Fund for the $119,000 Improvement of Education: Student Partners Reaching Kid Children's Discovery Museum of San Jose: Fund for the $120,000 Improvement of Education: Student Partners Reaching Kids Emery Unified School District: GEAR -UP Grant (Gaining $1,152,000 Early Awareness and Readiness for Undergraduate Programs) Envision Schools: Fund for the Improvement of Education $250,000 Envision Schools: Fund for the Improvement of Education $243,000 Envision Schools: Fund for the Improvement of Education $190,000 Oakland School for the Arts: Fund for the Improvement of $409,000 Education Santa Ana College: Veterans Upward Bound Grant $1,250,000 San Pedro Bay Port Technology Center $250,000 Tiger Woods Foundation: Fund for the Improvement of $250,000 Education Department of Energy Discovery Cube of Orange County: Appropriation Earmark $2,000,000 Department of Health and Emery Unified School District: Family Counseling $250,000 Human Services Programs and Early Childhood Development Emery Unified School District: Emeryville Youth Wellness $190,000 and Parenting Center Chabot Las Positas Community College District: Increased $114,000 Health Related Opportunities for Bay Area Students Rancho Santiago Community College District: Public $234,000 Medical Education Complex Rancho Santiago Community College District: Medical $238,000 Nursing Center Department of Homeland City of Oakland: Staffing for Adequate Fire and $7,782,240 Security Emer ency Response program (SAFER): Department of Housing and City of Merced: Rehabilitation of Historic Merced Theater $237,000 City of Merced $500,000 Urban Development Fruitvale Development Corporation $150,000 Fruitvale Development Corporation: Fruitvale Cultural and $200,000 Performing Arts Center Department of Housing and Fruitvale Development Corporation: Fruitvale Cultural and $190,000 �J Proposal for Lobbyist Services I City of La Quinta Page �78 Click here to return to Agenda Funding Source Urban Development DescriptionAmount Performing Arts Center Fruitvale Development Corporation: Fruitvale Cultural and Performing Arts Center $250,000 Great Park Design Studio: Hanger Restoration $475,000 Museum of Latin American Art $500,000 Museum of Latin American Art $121,250 Museum of Latin American Art $75,000 Mission San Juan Capistrano: Budget Earmark Reinstatement $225,000 Oakland School for the Arts $600,000 Department of Justice City of Brawle : FY13 COPS Grant $425,235 City of Dinuba: COPS Grant $543,842 City of Garden Grove: Automated Report Writing System $94,000 City of Garden Grove: Automated Report Writing System $200,000 City of Gustine: FY13 COPS Grant $202,489 City of Hayward: COPS Grant $3,602,644 City of Hayward: FY13 COPS Grant $250,000 City of Merced: COPS Grant $320,471 City of Merced: COPS Grant $1,501,880 City of Oakland: COPS Grant $10,700,000 City of Oakland: FY13 COPS Grant $4,515,730 City of Oakland: FY14 COPS Grant $1,875,000 City of Tulare: COPS Grant $1,174,592 City of Turlock: FY14 COPS Grant $500,000 Ti er Woods Foundation $2,000,000 Department of Labor Coast Community College District: ARRA Workforce Development: Coastline $207,360 Coast Community College District: Department of Labor: ARRA Workforce Development: Golden West $309,847 City of Emeryville: ETA: East Bay Green Jobs Project $200,000 Women's Economic Ventures $190,000 Department of Transportation City of Antioch: Member High -Priority Project $16,000,000 City of Antioch: National Corridor Infrastructure Improvement Program $20,000,000 City of Atwater: Buy America Waivers $131,272 City of Brea: Safe Routes to School, Tracks at Brea $273,600 City of Brea: Congestion Mitigation and Air Quality (CMAQ)-MAP-21 for Bicycle Corridor Improvement Program $999,272 City of Dinuba: Appropriation Earmark: CNG Fueling Station Expansion $779,200 City of Dos Palos: Buy -America Waivers $94,000 City of Gustine: Buy America Waivers $94,000 City of Livingston: Buy America Waivers $110,662 City of Los Banos: Buy America Waivers $726,102 City of Oakland: Federal American Recovery and Reinvestment Act (ARRA)-Domain Awareness Center $2,900,000 Cit of Oakland: Port Security Grant -Domain Awareness $2,000,000 0 Proposal for Lobbyist Services I City of La Quinta Page §6 Click here to return to Funding Source Department of Transportation Description City of Oakland: TIGER Discretionary Grant program Am $15,000,000 City of Placentia: Regional and National Significance $38,750,000 City of Torrance: Appropriation: Bus and Bus Facilities: South Bay Regional Intermodal Transit Centers $266,666 Discovery Cube of Orange County: Appropriation Earmark: Park and Ride Facility $750,000 Discovery Cube of Orange County: Appropriation Earmark: Park and Ride Facility $300,000 Discovery Cube of Orange County: SAFETEA-LU Federal Grant $320,000 Mariposa County: Safe Routes to School: Mariposa Elementary $341,200 Merced County: Buy America Waivers $410,000 Museum of Latin American Art: Bus and Bus Facilities $1,670,000 Environmental Protection Agency City of Orange: EPA Brownfield Clean up Grant $200,000 City of Brea: EPA Brownfield Clean up Grant $141,085 Cit of Brea: EPA Revolving Loan Fund $1,000,000 FEMA City of Brea/Fullerton: AFG Grant $137,920 City of Emeryville: FEMA PDM: Seismic Retrofit of Emery Secondary Gymnasium $600,000 City of Emeryville: FEMA PDM: Disaster Mitigation $600,000 City of Hayward: AFG Grant $417,660 City of Merced: AFG Grant $188,115 City of Oakland: AFG Grant $471,249 City of Oakland: AFG Grant $789,360 City of Oakland: AFG Grant $11,928 City of Tulare: AFG Grant $123,600 City of Palm Springs: AFG Grant $201,431 Institute of Library and Museum Services Bowers Museum $250,000 Discovery Cube of Orange County : Medal of Service $5,000 Craft and Folk Art Museum: Cultural Democracy Program $82,000 Habitot Children's Museum: Museums for America Grant $71,790 Kidspace Children's Museum $249,000 Oakland Museum of California: Technology Initiative for Educational Outreach $250,000 NASA Discovery Cube of Orange County: NASA Academic Programs $1,000,000 Rancho Santiago Community College District: Tessman Planetarium: NASA Academic Programs $750,000 National Endowment for the Arts City of Laguna Beach: Arts Work Grant $25,000 Small Business California Association for Micro Enterprise Opportunity: Administration Program for Investment in Microentre reneurs PRIME FederalTotal $750,000 .i i. ,192 a Proposal for Lobbyist Services I City of La Quinta Page �7d Funding Source of State and Community Corrections Descriiptiion���� City of Duarte: 2014 CaIGRIP Grant Amount $975,513 City of Fresno: 2008 CaIGRIP Grant $400,000 City of Fullerton: 2012 CaIGRIP Grant $500,000 City of Garden Grove: 2008 CaIGRIP Grant $240,000 City of Merced: 2008 CaIGRIP Grant $400,000 City of Oakland: 2008 CaIGRIP Grant $400,000 City of Oakland: 2009 CaIGRIP Grant $559,541 City of Oakland: 2010 CaIGRIP Grant $382,639 City of Santa Ana: 2009 CaIGRIP Grant $400,000 California Arts Council City of Delano: Creative California Communities Program: Downtown Breezeway Project $30,000 Peralta Hacienda: Creative California Communities Program: Friends/Peralta Hacienda Historical Park $50,000 California Cultural & Historical Endowment (CCHE) Bowers Museum: Proposition 40/AB 716 Opportunity Grant $4,000,000 California Space Authority: Planning Grant $150,000 Chabot Space and Science Center: Proposition 40/AB 716 Opportunity Grant $1,500,000 Chabot Space and Science Center: Planning Grant $171,000 Children's Discovery Museum of San Jose: Planning Grant $175,000 Children's Discovery Museum of San Jose: Proposition 40/AB 716 Opportunity Grant $1,000,000 Children's Discovery Museum of San Jose: Planning Grant $200,000 Children's Discovery Museum of San Jose: Project Grant $499,788 City of Fullerton: Fox Theater: Project Grant $1,983,375 City of Fullerton: Fox Theater: Project Grant $300,000 City of Lomita: Planning Grant $150,000 City of Merced: Fox Theater: Project Grant $1,935,000 City of Merced: Fox Theater: Project Grant $400,000 Dana Adobe Ni omo Amigos: Project Grant $861,167 Dana Adobe Ni omo Amigos: Project Grant $330,960 Discovery Cube of Orange County: Planning Grant $262,000 Discovery Cube of Orange County: Project Grant $1,161,000 Discovery Cube of Orange County: Project Grant $500,000 East Bay Zoological Society (Oakland Zoo): Project Grant $300,000 East Bay Zoological Society Oakland Zoo): Project Grant $300,000 Fruitvale Development Corporation: Planning Grant $200,000 Kidspace Children's Museum: Project Grant $1,741,500 Museum of Latin American Art: Round 3 Project Grant $1,239,368 Oakland Museum of California: Project Grant $2,877,000 Oakland School for the Arts: Project Grant $2,877,000 Oakland School for the Arts: Project Grant $1,064,250 Oakland School for the Arts: Planning Grant $500,000 Orange County Clerk Recorder: Planning Grant $150,000 SPUR: Planning Grant $250,000 Proposal for Lobbyist Services I City of La Quinta Page �1f Click here to return to Funding Source Description• The Mexican Museum: Project Grant $2,400,000 California Infrastructure and Economic Development Bank Orange County High School of the Arts: CIEDB Loan $20,000,000 California School Finance Authority and the Office of Public School Construction Envision Schools: Proposition 55 Funded Charter School $14,124,484 Envision Schools: Public Charter School Grant Program Start-up Grant- Metro $405,000 Envision Schools: Public Charter School Grant Program Start-up Grant- Oakland $405,000 Envision Schools: Public Charter School Grant Program Start-up Grant- Hayward $405,000 Hawthorne School District: Charter School Revolving Loan $250,000 Oakland School for the Arts: Proposition 55 Charter School Facility Program Grant $4,983,922 Orange County Educational Arts Academy: Public Charter School Grant Program Implementation Grant $405,000 Orange County High School of the Arts: CSFP Preliminary Apportionment $28,600,000 Port of Los Angeles Charter High School: Proposition 55 Charter School Facility Program Grant and Loan $16,335,234 California State Library City of Anaheim: Proposition 14 Library Bond Funding $5,669,872 City of Fullerton: CA Library Global Languages Materials Program $10,000 City of Fullerton: State Library Small Business in a Box $22,000 California Tax Credit Allocation Committee City of Glendale: Garfield Gardens Allocation Award $554,396 CalRecycle City of Fullerton: CIWMB- Used Oil Recycling Block Grant $35,486 City of Laguna Beach: Legacy Disposal Site Abatement Partial Grant $750,000 Department of Education Oakland School for the Arts: SB 740 $44,263 Orange County High School of the Arts: SB 740 $11,000 Orange County High School of the Arts: SB 740 $100,000 Orange County High School of the Arts: SB 740 $273,852 Port of Los Angeles Charter High School: Public Charter School Grant Program Planning Grant $35,000 San Diego Children's Museum: SB 740 $38,000 Department of Health Mariposa: Department of Health "It's Up to Us" mini -grant for Pedestrian Safety Public Education. $5,000 Department of Housing and Community Development City of Bakersfield: Proposition 1C: IID Grant $10,800,000 City of Brea: Housing -Related Parks Program $183,350 City of Brea: Housing -Related Parks Program $483,650 City of Buena Park: Housing -Related Parks Program $375,025 City of Buena Park: Housing -Related Parks Program $358,975 City of Carson: Housing Related Parks Program $278,350 City of Dinuba: Proposition 1 C: IID Grant $2,400,000 City of Dinuba: Home Investment Partnership Program $3,100,000 City of Emeryville: Catalyst Projects for California $1,350,000 Proposal for Lobbyist Services I City of La Quinta Page �� Click here to return to Funding Source Description Am Sustainable Strategies Pilot Program City of Emeryville: Housing -Related Parks Program $477,950 City of Fresno: Proposition 1C: IID Grant $3,006,433 City of Fullerton: Catalyst Projects for California $1,350,000 Sustainable Strategies Pilot Program City of Garden Grove: CalHome Grant $600,000 Department of Housing and Community Development City of Hayward: Proposition 1C: TOD Grant $17,000,000 City of Hayward: Proposition 1C: IID Grant $30,000,000 City of Oakland: Henry Robinson Multi -service Center: $999,998 Emergency Housing and Assistance Program City of Oakland: CalHome Grant $1,000,000 City of Oakland: Workforce Housing Reward Program $1,280,992 City of Oakland: Proposition 1 C: TOD Grant: MacArthur $17,000,000 BART Station Project City of Oakland: Proposition 1 C: TOD Grant: Coliseum $8,485,000 BART Station Project City of Oakland: Proposition 1C: TOD Grant: Lion Creek $7,527,592 Crossing Project City of Oakland: Proposition 1C: IID Grant: MacArthur $17,300,383 Transit Village Project City of Oakland: Proposition 1C: IID Grant: Central $9,903,000 Business District/Uptown Project Emerald Fund: Proposition 1C: IID Grant $11,200,000 Holliday Development: Proposition 1C: IID Grant: 5800 $10,433,280 Third Street Project Holliday Development: Catalyst Projects for California $500,000 Sustainable Strategies Pilot Program Nehemiah Corporation of America: Catalyst Projects for $1,350,000 California Sustainable Strategies Pilot Program St. Vincent De Paul of San Diego: Proposition 1 C: TOD $6,637,597 Grant St. Vincent De Paul of San Diego: Proposition 1C: IID $3,089,027 Grant Triangle Owners Group: Proposition 1 C: IID Grant: $23,081,360 Triangle Development Area Department of Parks and Boys and Girls Club of Harbor City/Harbor Gateway: $75,000 Recreation Legislative Earmark for Capitol Expansion Boys and Girls Club of San Pedro: Specified Grant for $125,000 Satellite Clubhouse Boys and Girls Club of San Pedro: Specified Grant for $200,000 Clubhouse start-up Boys and Girls Club of San Pedro: Proposition 12: Murray- $118,000 Hayden Fund Grant City of Anaheim: Proposition 40: Murray -Hayden Grant $2,499,000 Program City of Brea: Land Water and Conservation Fund: The $550,851 Tracks at Brea Cit of Brea: Land Water and Conservation Fund: The $214,000 Proposal for Lobbyist Services I City of La Quinta Page �71 Click here to return to Funding Source Description Am Tracks at Brea City of Brea: Habitat Conservation Fund: The Tracks at $200,000 Brea City of Dinuba: Proposition 84 Statewide Parks Grant: $822,300 Dinuba Recreation and Activity Center City of Emeryville: Proposition 84 Statewide Parks Grant: $828,000 Peladeau Park and Greenwa Department of Parks and Recreation City of Fullerton: Habitat Conservation Program: Laguna Lakes Trails $400,000 City of Glendale: Habitat Conservation Program: Walk on $52,487 the Wildside City of Glendale: Recreational Trails Program: Mountain $172,570 Do Trail Project City of Glendale: Proposition 84 Statewide Parks Program: $1,724,600 Maryland Avenue Park City of Imperial: Land and Water Conservation Fund: $750,000 Imperial Regional Park and Equestrian Center City of Laguna Niguel: Recreational Trails: Salt Creek $560,000 City of Merced: Proposition 84 Statewide Parks Program: $2,619,740 McNamara Community Park Renovation City of Oakland: Proposition 84 Statewide Parks Program: $5,000,000 West Oakland Center City of Oakland: Proposition 84 Statewide Parks Program: $2,250,000 Cesar Chavez Park City of Oakland: Proposition 84 Statewide Parks Program: $5,000,000 Golden Gate Recreation Center City of Oakland: Proposition 84 Statewide Parks Program: $1,000,000 Durant Mini Park City of Oakland: Recreational Trails Program: Historic $600,000 Cr er Boathouse Bay Trail Gap Closure City of Placentia: Non -Motorized Trail Grant $110,000 City of Santa Ana: Proposition 84 Statewide Parks $500,000 Program: Jerome Park Community Center City of Santa Ana: El Salvador Community Center: $618,000 Proposition 12 Murray -Haden Grant Program City of Santa Ana: Santiago Park: Proposition 12 Urban $742,500 Recreational and Cultural Centers Grant Program City of Santa Ana: Santiago Park: Proposition 12 Riparian $150,000 and Riverine Habitat Grant Program City of Santa Ana: Land and Water Conservation Fund $75,000 City of Santa Ana: Land and Water Conservation Fund $150,000 City of Santa Ana: Madison Park Batting Cage $50,000 City of Santa Ana: Recreation Department: Vans for $60,000 Underserved Kids City of Santa Ana: Habitat Conservation Fund: Centennial $62,500 Park Waterfowl Sanctuary City of Santa Ana: Habitat Conservation Fund: Cienega de $60,000 las Ranas Habitat Restoration Proposal for Lobbyist Services I City of La Quinta Page �74 Click here to return to Agenda pqi� =�mp� Funding Source DescriptionAmount City of Santa Ana: Habitat Conservation Fund: McFadden $75,000 Triangle Habitat Restoration City of Santa Ana: Habitat Conservation Program: $100,000 Santiago Nature Reserve City of Santa Ana: Recreational Trails Grant: Santa Ana $253,440 Golden Loop Rehabilitation Project City of Santa Ana: Recreational Trails Grant: Fairview $132,000 Triangle Habitat Restoration City of Santa Ana: Proposition 84 Statewide Parks $4,400,000 Program - Willard Intermediate Park Department of Parks and Recreation City of San Juan Capistrano: Proposition 84 Nature Education Facilities Grant: Blas Aguilar Adobe $498,434 City of San Pablo: Proposition 84 Statewide Parks $3,000,000 Program: Rumrill Sports Field City of San Pablo: Proposition 84 Statewide Parks $3,000,000 Program: Helms Community Center City of Tulare: Proposition 84 Statewide Parks Program: $1,108,048 Mulcahy Park Dana Adobe Nipomo Amigos: Proposition 84 Nature $2,980,000 Education Facilities Grant: Stories of the Rancho: Ecology, Culture, Stewardship Discovery Cube of Orange County: Proposition 84 Nature $7,000,000 Education Facilities Grant: California Resource Pavilion Discovery Cube of Orange County: Proposition 12 Park $10,000,000 Bond Earmark Discovery Cube of Orange County : General Fund Budget $4,000,000 Earmark Discovery Cube of Orange County: General Fund Budget $2,000,000 Earmark Discovery Cube of Orange County : General Fund Budget $750,000 Earmark East Bay Zoological Society: Proposition 84 Nature $7,000,000 Education Facilities Grant: California! Emerald Fund: Proposition 84 Statewide Parks Program: $4,000,000 City Slicker Farms, West Oakland Park and Urban Farm Latino Health Access: Proposition 84 Statewide Parks $3,524,000 Program: New Park and Community Center Oakland Museum of California: Proposition 84 Nature $2,999,522 Education Facilities Grant: Gallery of California Natural Sciences Renovation Powerhouse Science Center: Proposition 84 Nature $7,000,000 Education Facilities Grant: Earth & Space Sciences Center Santa Barbara Museum of Natural History: Proposition 84 $336,650 Nature Education Facilities Grant: California Coastal Immersion Zone Tiger Woods Foundation: Proposition 40/2001 Urban Park $3,000,000 Act Grant Program 0 Proposal for Lobbyist Services I City of La Quinta Page �79 Click here to return to Funding Source Department of Public Health DescriptionAmount City of Glendale: FY 2007-2008 Proposition 50 $6,000,000 Groundwater Cleanup: Hexavalent Chromium 6 Removal Research Project City of Santa Ana: FY 2011-12 State Budget Earmark: $2,000,000 Diamond Park Mutual Water Company Infrastructure Improvements Department of City of Brea: 2008 Safe Routes to Schools (SR2S) Grant $150,300 Transportation City of Brea: 2012 Safe Routes to Schools (SR2S) Grant $450,000 City of Brea: 2009 Community Based Transportation $80,150 Planning Grant: Brea Rails to Trails City of Brea: 2009 Bicycle Transportation Account: Brea $1,000,000 Department of Transportation Rails to Trails City of Buena Park: Community Based Transportation Planning Grant $199,117 City of Carson: Community Based Transportation Grant $90,000 City of Clovis: Proposition 1 B State Local Partnership $380,000 Program: DeWolf/Nees Av SR 168 connect City of Clovis: Proposition 1 B State Local Partnership $505,000 Program: Shaw/Locan improvements City of Clovis: Proposition 1 B State Local Partnership $315,000 Program: Bullard/Locan Av improvements City of Clovis: Proposition 1 B State Local Partnership $243,000 Program: Shaw Av improvements City of Delano: Active Transportation Program Grant $392,463 City of Fresno: 2008 Safe Routes to Schools (SR2S) $447,020 Grant City of Garden Grove: 2008 Safe Routes to Schools $547,050 SR2S Grant City of Hayward: Statewide or Urban Transit Planning $177,060 Studies Program: Transit Connector Feasibility Study City of Hayward: Caltrans Cycle 6 Highway Safety $396,000 Improvement Grant Program City of Hayward: Caltrans Transportation Planning Grant $132,795 City of Irvine: Caltrans Cycle 5 Highway Safety $900,000 Improvement Grant Program City of Lomita: 2008 Safe Routes to Schools Grant $873,810 City of Merced: 2008 Safe Routes to Schools Grant $779,490 City of Merced: Proposition 1 B Highway Rail Crossing $9,000,000 Safety Grant City of Merced: Proposition 1 B State Local Partnership $1,000,000 Program City of Merced: Proposition 1 B State Local Partnership $1,000,000 Program City of Merced: Proposition 1 B State Local Partnership $1,000,000 Program City of Merced: Proposition 1 B State Local Partnership $400,000 Program 0 Proposal for Lobbyist Services I City of La Quinta Page �76 Click here to return to Funding Source Description City of Oakland: 2012 Safe Routes to Schools Grant Am $216,000 City of Oakland: 2008 Safe Routes to Schools Grant $803,700 City of Placentia: Surface Transportation Improvement $3,300,000 Project City of Placentia: Traffic Congestion Relief Program $28,000,000 City of Placentia: Caltrans Safe Routes to Schools Grant $373,000 City of Santa Ana: Bicycle Transportation Account $1,000,000 City of San Pablo: Environmental Justice Grant $200,000 City of Tulare: 2008 Safe Routes to Schools Grant $156,500 City of Tulare: Proposition 1 B Highway Rail Crossing $11,293,000 Safety Grant City of Tulare: Proposition 1B Highway -Railroad Crossing $7,156,000 Safety Account City of Tulare: Proposition 1 B Highway -Railroad Crossing $3,381,000 Department of Transportation Safety City of Tulare: Prop 1 B Highway Rail Crossing Safety $987,174 City of Tulare: Proposition 1 B: State Route 99 $7,000,000 /Cartmill Avenue Interchange project Highland Fairview: Proposition 1 B State Local Partnership $1,000,000 Program Grant Highland Fairview: Proposition 1 B State Local Partnership $1,000,000 Program Grant Mariposa County: 2012 Safe Routes to Schools Grant $448,000 Mariposa County: Transportation Planning Grant $100,000 Department of Water City of Anaheim: 2005 Local Groundwater Assistance $250,000 Resources Grant City of Placentia: Proposition 13 Urban Water $58,298 Conservation Program Grant Municipal Water District of Orange County: Proposition 50, $1,000,000 Chapter 6 a Ocean Desalination Municipal Water District of Orange County: Proposition 50, $1,500,000 Chapter 6 a Ocean Desalination Orange County Sanitation District: Proposition 84 IRWMP: $1,000,000 Sludge Dewatering, Odor Control, and Primary Sludge Orange County Water District: Proposition 13 Ground $30,000,000 Water Replenishment System Orange County Water District: Proposition 84 IRWMP: $1,000,000 Groundwater Replenishment System/Flow Equalization Governor's Office of Business and Economic Development CAMEO: CA Employment Training Panel: Small Business Pilot Program $200,000 Labor and Workforce CAMEO: CA LWDA - Employment Training Panel (ETP) $49,400 Development Agency towards Renaissance Entrepreneurship Center Managed Risk Medical Insurance Board City of San Pablo: Major Risk Medical Insurance Program $3,000,000 Natural Resources Agency City of Brea: Proposition 84 Urban Greening Project Grant $500,000 City of Brea: Proposition 84 Urban Greening Grant $950,000 and Strategic Growth ,J Proposal for Lobbyist Services I City of La Quinta Page �'� Click here to return to Agenda pqii =�mp� li��M Funding Source DescriptionAmount Council City of Clovis: Proposition 84 Sustainable Communities $295,500 Planning Grant City of Colton: Proposition 84 Sustainable Communities $228,181 Grant Program City of Emeryville: Proposition 84 Urban Greening Project $49,569 City of Merced: Proposition 84 Sustainable Communities $251,345 Planning Grant City of Rocklin: Environmental Enhancement and $245,000 Mitigation Program City of Tulare: Environmental Enhancement and Mitigation $143,831 City of Tulare: Environmental Enhancement and Mitigation $330,000 Program City of Tulare: Environmental Enhancement and Mitigation $458,260 Program Land Conservancy of San Luis Obispo: Environmental $262,145 Enhancement and Mitigation Program Oakland Redevelopment Temescal/Telegraph Community Association: Oakland $72,489 Agency Neighborhood Projects Initiative Orange County Transportation Authority Bolsa Chica: M2 Environmental Mitigation Program 475,000 Orange County Waste and Discovery Cube of Orange County: AB 939 Community $3,600,000 Recycling Authority Outreach and Education Grant Sierra Business Council Mariposa County: Sierra Nevada Partnership Grant $25,000 Program- reenhouse Gas GHG Emissions Inventor State Water Resources Control Board State Water Resources Control Board City of Tehachapi: Clean Water Revolving Fund, Wastewater Treatment Facility Upgrades $3,000,000 Orange County Sanitation District: SWRCB Consolidated Grant Program $250,000 Local and Other Chelsea Investment Corporation: Local RDA funds for the $855,000 Senior Transit Village Children's Museum of Orange County: Children and $3,500,000 Families Commission of Orange County Grant Children's Museum of Orange County: Pacific Life $100,000 Foundation: Capital Grant City of Aliso Viejo: OCTA TEA Enhancement Grant $500,000 City of Antioch: Contra Costa Water District Creek $2,500,000 Remediation Loan: Marley Creek City of Brea: Southern California Association of $2,557,000 Governments SCAG MPO Grant — Tracks at Brea City of Brea: Southern California Association of $2,484,000 Governments SCAG MPO Grant- Segment 4 City of Brea: OCTA TDA Funding -Brea Rails to Trails $500,000 City of Brea: OCTA Funding -Bicycle Corridor Improvement $836,150 Program City of Buena Park: Public Safety: Budget Earmark $75,000 City of Citrus Heights: Sacramento Area Council of $3,000,000 Governments SACOG : Community Design Program Cit of Merced: Stewardship Council Parks Grant $200,000 0 Proposal for Lobbyist Services I City of La Quinta Page #8 Click here to return to Funding Source Description City of Oakland: Public Safety: Budget Earmark Am $2,000,000 City of Oakland: Redevelopment Agency Dissolution $44,000,000 Savings City of Placentia: OCTA Contribution to On-Trac $3,500,000 City of Placentia: OCTA Funding- Metrolink $2,500,000 City of Placentia: OCTA Funding- Metrolink $81,000 Environmental Funding) City of Santa Ana: Delhi Community Center: General Fund $800,000 Earmark City of Santa Ana: Delhi Community Center: CYA Grant $2,200,000 City of Santa Ana: Healthy Community Fund- Eddie West $900,000 Field City of Santa Ana: Santa Ana Zoo Commissary $40,000 City of Santa Ana: Tierras de las Pampas- Anteaters $150,000 Exhibit, Santa Ana Zoo City of Santa Ana: Redevelopment Agency Dissolution $22,000,000 Savings City of San Juan Capistrano: OCTA M2 Environmental $1,500,000 Mitigation Program Round 1 Craft and Folk Art Museum: Los Angeles County $50,000 Supervisor Burke Discretionary Funds Local and Other Discovery Cube of Orange County : Children and Family $250,000 Commission of Orange County -Capacity Building Grant Discovery Cube of Orange County : Phase One Funding $1,254,700 residual -Proposition 40 retention funds-CMLA/EAC Project Discovery Cube of Orange County: MWDOC Education $1,068,000 Program Partnership Discovery Cube of Orange County: MWD Community $50,000 Partnering Program Grant Discovery Cube of Orange County : OC Children & $200,000 Families Commission- Sesame Street Workshop Discovery Cube of Orange County : County of Orange $150,000 Urban Runoff Grant Discovery Cube of Orange County : CFCOC Proposition $4,000,000 10 Discovery Cube of Orange County : Proposition K Bond $5,000,000 and Bond Interest Monies- General Fund revenue- CMLA/EAC Project Discovery Cube of Orange County : Proposition K-Phase $500,000 one Funding Residual-CMLA/EAC Project Discovery Cube of Orange County: Municipal $4,700,300 Improvement Corporation of Los Angeles (MICLA) contribution Discovery Cube of Orange County and Orange County $1,500,000 Water District: Education Partnership Discovery Cube of Orange County: Orange County Vector $1,000,000 Control District Grant East Bay Zoological Society: Alameda First 5- Community $50,000 0 Proposal for Lobbyist Services I City of La Quinta Page �N Click here to return to Description Am Support Grant for Zoo to Community Program Friends of Oakland Parks and Rec: Stewardship Council $150,000 Youth Infrastructure Grant Fruitvale Development Corporation: Alameda County First $12,060 5- 1 time only grants info tech/capital improvements Great Park Corporation: 2012 AQMD Major Event Center $45,000 Program Habitot Children's Museum: Alameda County First 5- 1 $27,811 time only rants info tech/capital improvements Habitot Children's Museum: Alameda County First 5- $150,000 Community Grant for Family Engagement Project Mission San Juan Capistrano: TEA Transportation Grant $759,000 Funding- Metrolink Transportation Mitigation Orange County High School for the Arts: Santa Ana $1,695,000 Redevelopment Agency Contribution Powerhouse Science Center: Sacramento County First 5 $249,185 Santa Ana Unified School District: Romero Cruz School- $80,000 Playground Equipment Santa Ana Unified School District: Santiago Elementary $80,000 School PTA -Playground Equipment Santa Ana Unified School District: Citizens -in -action $50,000 Community Technology Center Santa Ana Unified School District: Cash Settlement with $60,000,000 City of Tustin pursuant to AB 212 (Correa) Rancho Santiago Community College District: Cash $15,000,000 Settlement with City of Tustin pursuant to AB 212 Correa Rancho Santiago Community College District: State $70,000 Budget Earmark for Phillips Hall at Santa Ana Colle e 0. Q Proposal for Lobbyist Services I City of La Quinta Page 2M Click here to return to Agenda Results of Reference Checks Firm Name Reference #1 Reference #2 City of Alhambra - The City holds weekly conference Ontario International Airport Authority - calls during the legislative session with Capitol The firm is extremely responsive to City staff Strategies Group. The firm represents Alhambra on and Council. They provide extensive transportation issues and are very responsive. The intelligence to the City on legislative firm provides personalized information and sends out Capitol Strategies changes. They were brought on as a single daily/weekly a -mails to the City on legislative Group topic firm and that relationship has activities. They provided Alhambra with tangible expanded resulting in Capitol becoming their results on their I-710 issues. They work well with the full service lobbyist. The firm is not shy to do City's state representatives, but also reach out to the leg work like drafting bills, writing letters, legislators who don't represent the City to find and actively working the halls of the Capitol, common interest and gain their support. They have strong Southern California connections and the firm is careful not have City clients with competing interests. City of Beaumont - They worked extremely well with Gonsalves and Son on technical/detailed language changes on a City of Claremont - Gonsalves & Son bends over variety of bills including SB 107 backwards for Claremont. They are great at securing (redevelopment dissolution bill). They have meetings with the right people at all levels of State Joe. A Gonsalves & specialized knowledge in redevelopment government. They have helped Claremont facilitate Son dissolution issues, work extensively with the discussions on a variety of issues including California Department of Finance and on a transportation. They write legislative items, provide variety of City matters since they have an weekly reports, and full briefings to the City. They extensive list of City clients. They provide have a grant writer on staff, which Claremont finds easy access to legislators and can quickly set helpful in securing funding for larger projects. up meetings with the right people. City of Santa Ana - Long standing relationship with Townsend. The firm has helped augment the City's strategic plan and keeps them actively apprised on legislative City of Walnut Creek - The firm provides fantastic items. They provide quarterly updates to services, have great relationships with City staff and Townsend Public both City staff and Council. They have been Council. The firm also has long standing relationships Affairs very helpful with redevelopment dissolution with lawmakers on both sides of the aisle. They have matters and have extensive California coordinated successful lobbying trips for the City and Department of Finance connections. They in this last legislative cycle actively worked on getting will prepare legislative letters/bills and are a bill passed for Walnut Creek. strong advocates for the City. They can easily set up meetings with the right people on their legislative items. 283 9/30/2015 California Secretary of State - CalAccess - Lobbying Activity Click here to return to Agenda Cal -Access Search Fv Advanced Search Lobbying Activity Call -Access Home CAPITOL STRATEGIES GROUP, INC. Individual Lobbyists Lobbyinq Firms Lobbyist Employers $5,000 - Plus Payments To Influence Daily Filinqs/ Directory Chanqes View: I* General Information r Financial Activity/Filing History Legislative Session Co 2015 through 2016 r Historical Lobbying firms contract to represent one or more clients. The firm's clients are listed here. 1215 K STREET, SUITE 1500 SACRAMENTO, CA 95814 Phone: (916) 446-7843 DENNIS L. LOPER, PRESIDENT 01/01/2015 Active RT L RMINATION DATE LOPER, DENNIS L. 01/01/2015 LOPER, MEGHAN E. 01/01/2015 PINEDA, MARVIN F. 01/01/2015 WALTERS, JOSHUA C. 01/01/2015 TERMINATION DATE ABBOTT LABORATORIES 01/O1/2015 ALHAMBRA; CITY OF 01/01/2015 APPLIANCE RECYCLING CENTER OF AMERICA 01/01/2015 ASSOCIATION OF CALIFORNIA LIFE & HEALTH INSURANCE 01/01/2015 COMPANIES AXA EQUITABLE LIFE INSURANCE COMPANY 04/06/2015 2,94 http://cal-access.ss.ca.gov/Lobbying/Firms/Detail.aspx?id=1147304&session=2015 1 /2 9/30/2015 California Secretary of State - CalAccess - Lobbying Activity CALIFORNIA BEER AND BEVERAGE DISTRIBUTORS Cli ( mfmP/ rip Agenda CALIFORNIA C & C COALITION 08/07/2015 CALIFORNIA COMMERCE CLUB, INC. 01/01/2015 CALIFORNIA DISTRIBUTORS ASSOCIATION 01/01/2015 CALIFORNIA HOSPITAL ASSOCIATION/CALIFORNIA ASSOCIATION 01/01/2015 OF HOSPITALS AND HEALTH SYSTEMS CALIFORNIA STATE OUTDOOR ADVERTISING ASSOCIATION 01/01/2015 CAPITOL PARTNERS, INC. 01/01/2015 CGI TECHNOLOGIES AND SOLUTIONS INC. 01/O1/2015 DISTRICT HOSPITAL LEADERSHIP FORUM 01/01/2015 HALIBURTON INTERNATIONAL FOODS, INC. 01/01/2015 IF HCC LIFE INSURANCE COMPANY 01/01/2015 HERSHEY COMPANY; THE 01/O1/2015 HIGH STREET HOLDINGS, INC. AND ITS AFFILIATES ORTHO O1/01/2015 MATTRESS INC. AND HIGH STREET FABRICATION, INC. INSURANCE AUTO AUCTIONS, INC. 01/01/2015 KEENAN & ASSOCIATES 01/01/2015 LILLY USA 01/01/2015 NATIONAL ASSOCIATION OF OPTOMETRISTS & OPTICIANS, INC. 01/01/2015 ONTARIO INTERNATIONAL AIRPORT AUTHORITY 02/04/2015 SELAN LAW FIRM - A PROFESSIONAL CORPORATION 07/06/2015 SEMPRA ENERGY AND ITS AFFILIATES: SAN DIEGO GAS & 01/01/2015 ELECTRIC COMPANY AND SOUTHERN CALIFORNIA GAS COMPANY SPACE EXPLORATION TECHNOLOGIES CORP. (SPACEX) 01/01/2015 SPRINT CORPORATION O1/01/2015 WASTE CONNECTIONS, INC. 01/01/2015 WYNDHAM WORLDWIDE CORPORATION O1/01/2015 07/31/2015 285 http://cal-access.ss.ca.gov/Lobbying/Firrns/Detail.aspx?id=1147304&session=2015 2/2 9/30/2015 California Secretary of State - CalAccess - Lobbying Activity Click here to return to Agenda Cal -Access Search �o Advanced Search Lobbying Activity GONSALVES & SON; .70E A. View: Individual �—* General Information Lobbyists r Financial Activity/Filing History Lobbvinq Firms Legislative Session Lobbyist Co 2015 through 2016 Employers r Historical $5,000 - Plus Payments To Influence Daily Filinqs/ Directory Chanqes Lobbying firms contract to represent one or more clients. The firm's clients are listed here. 925 L STREET, SUITE 250 SACRAMENTO, CA 95814 Phone: (916) 441-0597 Email: gonsalves@gonsalvi.com RESPONSIBLE OFFICEI- REGISTRATION DATE STATUS ANTHONY GONSALVES, PRESIDENT 01/01/2015 Active -TART DATE TERMINATION DATE GONSALVES, ANTHONY D. 01/01/2015 GONSALVES, JASON A. 01/01/2015 G GONSALVES,, PAUL A. 01/01/2015 DART GATE TI DA i L ACCESS SERVICES 01/01/2015 ALAMEDA; CITY OF 01/01/2015 ATASCADERO; CITY OF 01/01/2015 AZUSA; CITY OF 03/26/2015 BANNING; CITY OF 01/01/2015 BARSTOW; CITY OF 01/01/2015 http://cal-access.ss.ca.gov/Lobbying/Firms/Detail.aspx?id=1147239&session=2015 1/3 9/30/2015 California Secretary of State - CalAccess - Lobbying Activity BEAUMONT; CITY OF C."71bilurn to Agenda BELL; CITY OF O1/26/2015 BELLFLOWER; CITY OF O1/01/2015 CALIFORNIA ASSOCIATION OF DUI TREATMENT PROGRAMS 07/01/2015 CALIFORNIA CITY MANAGEMENT FOUNDATION 01/01/2015 CALIFORNIA MUNICIPAL FINANCE AUTHORITY 01/01/2015 CALIFORNIA PRODUCER -HANDLER ASSOCIATION O1/01/2015 CAMARILLO; CITY OF 01/01/2015 CERRITOS; CITY OF 01/01/2015 CHINO HILLS; CITY OF O1/01/2015 CHINO; CITY OF O1/01/2015 CITY OF INDUSTRY 01/01/2015 CLAREMONT; CITY OF 01/01/2015 COLTON; CITY OF 02/10/2015 04/30/2015 COMMERCE; CITY OF O1/01/2015 CONCORD; CITY OF 01/01/2015 DEL MAR THOROUGHBRED CLUB 01/01/2015 DIAMOND BAR; CITY OF O1/01/2015 EASTVALE; CITY OF 07/30/2015 ELK GROVE; CITY OF 01/01/2015 FAIRFIELD; CITY OF 01/01/2015 FOLSOM; CITY OF O1/01/2015 FONTANA; CITY OF O1/01/2015 GALE BANKS ENGINEERING 01/01/2015 GATEWAY WATER MANAGEMENT AUTHORITY 01/01/2015 GLENDORA; CITY OF O1/01/2015 HAWAIIAN GARDENS; CITY OF O1/01/2015 HEMET; CITY OF 01/01/2015 INDIAN WELLS; CITY OF 01/01/2015 IRVINE COMMUNITY LAND TRUST 08/04/2015 IRVINE; CITY OF O1/01/2015 IRWINDALE; CITY OF 01/01/2015 JURUPA VALLEY; CITY OF 01/01/2015 LA MIRADA; CITY OF O1/01/2015 LA PUENTE; CITY OF O1/01/2015 LAGUNA HILLS; CITY OF 01/01/2015 LAKEWOOD; CITY OF 01/01/2015 LONG BEACH PUBLIC TRANSPORTATION COMPANY (,LONG 01/01/2015 BEACH TRANSIT) LONG BEACH; PORT OF O1/01/2015 LOS ANGELES COUNTY FAIR ASSOCIATION O1/01/2015 MORENO VALLEY; CITY OF O1/01/2015 287 http://cal-access.ss.ca.gov/Lobbying/Firms/Detail.aspx?id=1147239&session=2015 2/3 9/30/2015 California Secretary of State - CalAccess - Lobbying Activity NORTHROP GRUMMAN SYSTEMS CORPORATION b2/ e5ref2$i n toAgenda NORWALK; CITY OF 01/01/2015 OAK TREE RACING ASSOCIATION 01/01/2015 PACIFIC EDUCATIONAL SERVICES 01/01/2015 PALM DESERT; CITY OF 01/01/2015 PALMDALE; CITY OF 01/01/2015 PARAMOUNT; CITY OF 01/O1/2015 PLACENTIA; CITY OF 01/01/2015 POMONA; CITY OF 01/01/2015 PORTUGUESE GOVERNMENT 01/01/2015 RANCHO CUCAMONGA; CITY OF 01/O1/2015 REDDING; CITY OF 01/01/2015 ROSEMEAD; CITY OF 01/01/2015 ROSEVILLE; CITY OF 01/O1/2015 SAN BERNARDINO; CITY OF 01/O1/2015 SAN GABRIEL VALLEY WATER ASSOCIATION 01/01/2015 SANTA FE SPRINGS; CITY OF 01/01/2015 SIGNAL HILL; CITY OF 01/01/2015 SIMI VALLEY; CITY OF 01/01/2015 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT 01/01/2015 SOUTH GATE; CITY OF 01/01/2015 STOCKTON; PORT OF 01/01/2015 THOUSAND OAKS; CITY OF 01/O1/2015 TORRANCE; CITY OF 01/01/2015 TWENTYNINE PALMS; CITY OF 01/01/2015 VALLEJO; CITY OF 01/01/2015 VERNON; CITY OF O1/O1/2015 VICTORVILLE; CITY OF 01/01/2015 WALNUT; CITY OF 03/10/2015 WEST COVINA; CITY OF 01/01/2015 WILDOMAR; CITY OF 01/01/2015 WILLDAN GROUP, INC. 01/01/2015 288 http://cal-access.ss.ca.gov/Lobbying/Firrns/Detail.aspx?id=l 147239&session=2015 3/3 9/30/2015 California Secretary of State - CalAccess - Lobbying Activity Click here to return to Agenda Cal -Access Search Fv Advanced Search Individual Lobbyists Lobbyinq Firms Lobbyist Employers $5,000 - Plus Payments To Influence Daily Filinqs/ Directory Chanqes Lobbying Activity TOWNSEND PUBLIC AFFAIRS, INC. View: General Information r Financial Activity/Filing History Legislative Session Co 2015 through 2016 r Historical Lobbying firms contract to represent one or more clients. The firm's clients are listed here. 1401 DOVE STREET, SUITE 330 NEWPORT BEACH, CA 92660 Phone: (949) 399-9050 REGISTRAT UN UA T E CHRISTOPHER J. TOWNSEND, PRESIDENT 01/01/2015 Active 2MINATI0" DE LUCA, NICCOLO 01/01/2015 DELZER, IAN 01/01/2015 05/15/2015 ELLIOTT, CASEY 01/01/2015 GIBBS, RICHARD A. 01/01/2015 HARMON, RICHARD A. 01/01/2015 O'DONNELL, ERIC 07/01/2015 ROGERS, GARY 07/01/2015 SADAAT, SOPHIA 01/01/2015 STRATMAN, HEATHER M. 01/01/2015 07/15/2015 TOWNSEND, CHRISTOPHER 01/01/2015 VONGEHR, CHELSEA 01/01/2015 WILLIAMS, CORINNE 01/01/2015 http://cal-access.ss.ca.gov/Lobbying/Firms/Detail .aspx?id=1 147750&session=2015 1 /3 9/30/2015 California Secretary of State - CalAccess - Lobbying Activity IFIRM'S CLIENTS Click here to return to Agenda ALISO VIEJO; CITY OF 01/01/2015 ALLGAEU TECH 01/01/2015 ASSURED GUARANTY MUNICIPAL CORPORATION O1/01/2015 BERKELEY; CITY OF 01/01/2015 BREA; CITY OF 01/01/2015 BUENA PARK; CITY OF 01/01/2015 CARSON; CITY OF O1/O1/2015 COAST COMMUNITY COLLEGE DISTRICT 01/01/2015 COSTA MESA; CITY OF 01/01/2015 CRYSTAL COVE ALLIANCE O1/01/2015 CUTLER-OROSI JOINT UNIFIED SCHOOL DISTRICT 06/01/2015 DANA ADOBE NIPOMO AMIGOS, INC. 01/01/2015 DEEP GREEN HOUSING AND COMMUNITY DEVELOPMENT 01/01/2015 DINUBA; CITY OF 01/01/2015 DISCOVERY CUBE OF ORANGE COUNTY O1/O1/2015 DUARTE, CITY OF 01/01/2015 EAST BAY ZOOLOGICAL SOCIETY 01/01/2015 ECONOMIC DEVELOPMENT CORPORATION OF MARIPOSA 01/01/2015 COUNTY EL MONTE: CITY OF 01/01/2015 EMERY UNIFIED SCHOOL DISTRICT 01/01/2015 EMERYVILLE: CITY OF 01/01/2015 FALLBROOK PUBLIC UTILITIES DISTRICT 04/01/2015 FOUNTAIN VALLEY: CITY OF 01/01/2015 FOWLER; CITY OF 01/01/2015 FULLERTON; CITY OF 01/01/2015 GLOBAL TEL LINK 01/01/2015 HAYWARD; CITY OF 01/01/2015 HESPERIA; CITY OF 01/01/2015 HUNTINGTON BEACH; CITY OF 01/01/2015 IMPERIAL; CITY OF 01/01/2015 IMPERIAL; COUNTY OF 04/01/2015 KINGS CANYON UNIFIED SCHOOL DISTRICT 01/01/2015 LA HABRA: CITY OF 05/01/2015 LAGUNA BEACH; CITY OF 01/01/2015 LOS ALAMITOS; CITY OF 01/01/2015 MENDOTA; CITY OF 06/01/2015 MERCED COUNTY ASSOCIATION OF GOVERNMENTS 01/01/2015 MESA WATER DISTRICT 01/01/2015 290 http://cal-access.ss.ca.gov/Lobbying/Firms/Detail.aspx?id=1147750&session=2015 2/3 9/30/2015 California Secretary of State - CalAccess - Lobbying Activity MISSION VIEJO; CITY OF Ogjyt E�!q r turn to Agenda MOLINA HEALTHCARE OF CALIFORNIA 01/01/2015 MUNICIPAL WATER DISTRICT OF ORANGE COUNTY O1/01/2015 NEWHALL COUNTY WATER DISTRICT 01/01/2015 NORTH COUNTY TRANSIT DISTRICT 01/01/2015 NORTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT 01/01/2015 01/01/2015 OAKLAND MUSEUM OF CALIFORNIA 01/01/2015 OAKLAND; CITY OF 01/01/2015 OFF THE CHAIN O1/01/2015 ORANGE COUNTY CONSERVATION CORPS 01/01/2015 ORANGE COUNTY SANITATION DISTRICT 01/01/2015 ORANGE COUNTY WATER DISTRICT 01/01/2015 ORANGE COVE; CITY OF 01/01/2015 PALO ALTO; CITY OF 01/01/2015 RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT 01/01/2015 SAN LEANDRO; CITY OF 01/01/2015 SAN PABLO; CITY OF 01/01/2015 SANTA ANA; CITY OF 01/01/2015 SEAL BEACH; CITY OF 01/01/2015 SELMA; CITY OF 05/12/2015 SOUTH SAN FRANCISCO; CITY OF 01/01/2015 TRANSBAY JOINT POWERS AUTHORITY 01/01/2015 TULARE; CITY OF O1/01/2015 TURLOCK; CITY OF 01/01/2015 URBAN TILTH 06/01/2015 WALNUT CREEK; CITY OF 01/01/2015 WEST HOLLYWOOD; CITY OF 01/01/2015 WESTMINSTER; CITY OF 01/01/2015 YORBA LINDA WATER DISTRICT O1/01/2015 291 http://cal-access.ss.ca.gov/Lobbying/Firms/Detail.aspx?id=1147750&session=2015 3/3 Click here to return to Agenda 292 Click here to return to Agenda Lobbyist Firm Comparison Chart (Footnotes at Bottom of Page) Firm (Criteria in RFP listed Below) Capitol Strategies Group Joe A. Gonsalves & Son Townsend Public Affairs Currently Resourced by Staff Develop annual legislative plan V V V Advocate on behalf of City with state legislators Review all proposed, introduced and amended legislation and v 2 2 3 adopted administrative rules and v V V regulations Provide electronic monthly report relevant legislative V V V Conducted daily (ongoing on status of V4 matters with database) Develop annual report with summary of successes and forecast V5 Annual legislative policy guide of upcoming issues 2016 to add measurement tool Coordinate/cooperate advocacy efforts with similar entities to secure City's interests; Advocate positions with legislators to secure specific language into law shaped toward City's interest Periodic communication with City to ensure consistent advocacy (including planning and coordination); discuss policy V 6 6 objectives including review and V V input into City's legislative policy guide; Present legislative issues to full City Council, as needed Identify and provide to City relevant funding programs and grant V7 V V opportunities Assist City in securing RDA funding through Department of Finance V V V advocacy Proposed monthly retainer $4,000 $4,000 $5,000 Proposal included specialized rates for hourly and per project basis V V 1 - * On a limited basis 2 - Substantial experience in drafting and proposing language amendments to proposed bills on behalf o f municipalities 3 - City's contract City attorney performs service as requested 4 - Proposal included reports with detailed facts and findings along with analytical summary for each legislative item monitored 5 - Very thorough example of annual report outlining successes 6 - Significant experience representing municipalities - Firm's primary clientele are municipalities 7 - Overall greatest reported grant and program funding secured at: $1,208,628,639 8 - Townsend & Capitol Strategies Group provided hourly and per project rates in addition to a monthly retainer option 293 Click here to return to Agenda 294 SS Click here to retBU�I E nda SSION: City of La Quinta urn CITY COUNCIL MEETING: October 6, 2015 STAFF REPORT AGENDA TITLE. APPROVE FIRST ROUND COMMUNITY SERVICES GRANTS AND FUNDING REQUESTS RECOMMENDATION Approve funding for the following organizations: American Youth Soccer Organization (AYSO) for $5,000; Family YMCA of the Desert for $5,000; Old Town Artisan Studio, Inc. for $5,000; S.C.R.A.P. Gallery for $5,000; United Way of the Desert for $2,750; About Families, Inc. for $1,000; and Desert Sands Harlequins Rugby Football Club for $1,000. EXECUTIVE SUMMARY Community Services Grants and Economic Development/Marketing funding requests are considered by City Council twice per fiscal year. Grant applications are initially reviewed by a designated Ad -Hoc Review Committee (comprised of Council Members), which recommends grant applicants for City Council consideration. For Economic Development/Marketing requests above $5,000, an in depth review is conducted by the La Quinta Marketing Committee prior to evaluation by the Ad -Hoc Review Committee. The City Council may approve or modify the recommendations. • The funding requests and grants listed within this report comprise the first round of submitted grants for 2015/16. FISCAL IMPACT The total Fiscal Year 2015/16 grant budget is $60,000. Twelve organizations submitted a total of $48,750 in grant requests. The Ad Hoc Committee is recommending funding $24,750 of these requests. BACKGROUND/ANALYSIS Per Grant Guidelines (Attachment 1), Community Services Grants may only be awarded to 501(c)3 non-profit organizations that benefit La Quinta residents. Grant requests are limited to $5,000 per request and consecutive fiscal year funding is not allowed, with the exception of requests for City facility rental fees. 295 Click here to retur to A enda In 2007, the Council directed staff to channel all grant and special project un ing requests through one process so that Council would not have to review numerous requests throughout the fiscal year. Prior to this, the City received both community service, and economic development and marketing grants throughout the fiscal year. One account was also created to underwrite all approved funding requests. The initial review was done by the Ad Hoc Review Committee, comprised of Council Members Franklin and Pena. The following summarizes the requests and the Ad Hoc Committee's first round recommendations: Applicant Requested Committee Recommendation American Youth Soccer Organization (AYSO) $5,000 $5,000 Family YMCA of the Desert $5,000 $5,000 Old Town Artisan Studio, Inc. $7,500 $5,000 S.C.R.A.P. Gallery $5,000 $5,000 United Way of the Desert $2,750 $2,750 About Families, Inc. $5,000 $1,000 Desert Sands Harlequins Rugby Football Club $3,500 $1,000 Build Business Leaders Organization $5,000 $0 Graceful Passages, Inc. $1,000 $0 La Quinta Middle School $5,000 $0 Red Hot Ballroom $3,000 $0 SunLine Transit Agency * $1,000 $0 Total $48,750 $242750 *The Ad Hoc Review Committee did not consider SunLine Transit Agency for funding since they ore not o non -pro fft organization. Attachment 2 presents all submitted grant requests: all grant applications and attachments are available for review in the Community Services Department. Staff recommends approval of the Ad Hoc Committee's recommendations as listed. Staff is also requesting the following direction: • Should the current process remain wherein grant requests are considered twice per fiscal year or change to considering grant requests three times per fiscal year? • Should the City consider grant applications from non-501c3 organizations? ALTERNATIVES Approve funding per Grant Guidelines for any or all grant applications received. Report prepared by: Robert Ambriz Jr., Community Services Supervisor Report approved by: Frank Spevacek, City Manager Attachments: 1. City of La Quinta Grant Guidelines 2. Grant Request Descriptions 296 Click hereto re AtI NT 1 CITY OF LA QUINTA GRANT GUIDELINES The City of La Quinta offers the Grant Program for Community Services Support and Economic Development/Marketing and Sponsorships. Community Services Grants go to recognized nonprofit organizations that benefit the residents of La Quinta. Priority for funding is granted to organizations that directly benefit La Quinta residents, second consideration is given to organizations that indirectly affect the quality of life for the residents of La Quinta. Economic Development Grants go to organizations that will help strengthen the business community of La Quinta. Marketing and Sponsorship Grants go to organizations that would benefit the City of La Quinta in a marketing capacity. Individuals are not eligible for funding through the City of La Quinta Grant Program. Organizations that receive Community Development Block Grants from the City of La Quinta during the same fiscal year are not eligible for funding through the Community Services Grant program. Organizations that have been funded are ineligible for funding for the next fiscal year. Requests are limited to an amount not to exceed $5,000. A second tier is available for Economic Development/Marketing requests above $5,000 (submission of a detailed marketing/media plan is required in connection with these requests). La Quinta service organizations may request funds to be applied directly to rental fees for City facilities for consecutive years without the $5,000 funding limit. Completed grant applications will be initially reviewed by a designated Grant Review Committee who will then recommend consideration of approved grants to City Council. For Economic Development/Marketing requests above $5,000, an in depth review will be conducted by the La Quinta Marketing Committee. Applications are due three weeks before the scheduled City Council meeting. Applicants will be informed 1-2 weeks prior to the City Council meeting regarding the status of their request. Typed applications are preferred. Incomplete applications will be returned to the applicant. Organizations requesting "seed" money are required to obtain matching funds from other sources in the same fiscal year before Community Service Grant funds will be released. For more information on the City of La Quinta Grant program, please contact the Community Services Department at (760) 777-7090. 297 Click here to return to Agenda 298 Click here to return to Agenda ATTACHMENT 2 Recommended Grant Requests: 1. American Youth Soccer Organization (AYSO) is requesting $5,000 to purchase new soccer goals for the league to ensure that youth players are using the safest equipment possible. The current goals are out of warranty and have not been replaced in years. They are in a fatigued state and could cause an injury to a child. Multiple repairs have allowed the league to extend the life of the goals up until now. This organization has never been funded. The Ad Hoc Committee recommended funding $5,000. 2. Family YMCA of the Desert is requesting $5,000 to provide free swim lessons for children who reside in La Quinta and cannot afford them. The free swim lessons would be offered to children 6 months to 13 years old at the Fritz Burns Pool in Summer 2016. This organization was last funded $3,000 in Fiscal Year 2012/2013. The Ad Hoc Committee recommended funding $5,000. 3. Old Town Artisan Studio, Inc. is requesting $7,500 to assist with developing programming for children and seniors at the La Quinta Library and Wellness Center, to fund program scholarships, and to offer pottery classes to La Quinta residents for free or at reduced rates. This organization provides art experiences in clay and glass inside their studio and at various offsite locations such as local public schools, low income housing projects, and the local Boys & Girls Clubs. This organization was last funded $2,500 in Fiscal Year 2013/2014. The Ad Hoc Committee recommended funding $5,000. 4. S.C.R.A.P. Gallery is requesting $5,000 to launch the Create, Make & Take Upcycled Art Studio for children and families in the City of La Quinta. This will be a series of monthly participatory workshops and events to be held in conjunction with the La Quinta Museum focusing on recycling/upcycling, art and environmental sustainability. All participants will get to be creative while learning about helping the environment and will be able to take home their own work of art. All materials, program curriculum, and instruction will be provided by the S.C.R.A.P Gallery. This organization has never been funded. The Ad Hoc Committee recommended funding $5,000. 5. United Way of the Desert is requesting $2,750 to support their Nine Weekly Walks health program. This program is designed to encourage healthy lifestyles, as well as provide a means to train for the Tram Road Challenge being held on Saturday, October 24, 2015. The La Quinta Weekly Walk will take place on Saturday, September 26, 2015, beginning at the Wellness Center and continuing to the Bear Creek Trail. Funds awarded would be used for the cost of administering the free community health program, including salaries, supplies, materials and marketing. This organization has never been funded. The Ad Hoc Committee recommended funding $2,750. 299 Click here to return to Agenda 6. About Families, Inc. is requesting $5,000 to support six (6) of their most popular programs and classes offered to mothers and new parents in the desert. These programs and classes include a Breastfeeding Clinic, Informed Childbirth Classes, Newborn Care Classes, a Mama Support Network, and Infant and Child CPR. This organization aims to serve families from all walks of life throughout the entire Coachella Valley. The majority of their programs focus on supporting parents and children in the first 5 years of the child's life. Many of their services are offered free of charge, and those that do have a fee associated with them are designed to be as low cost as possible. Currently, About Families serves over 500 families across the valley. This organization has never been funded. The Ad Hoc Committee recommended funding $1,000. 7. Desert Sands Harlequins Rugby Football Club is requesting $3,500 to help cover transportation costs. The biggest expense for the club is transportation to matches. Their nearest competition is one hour away in Redlands, but most competition is at least two hours away. The club spends more than $8,000 each year on bus transportation, even with applied discounts. Funding will allow the club to meet all of their league commitments. This organization has never been funded. The Ad Hoc Committee recommended funding $1,000. Grant Requests not recommended for funding and/or did not meet the criteria in the Grant Guidelines include: 8. Build Business Leaders Organization is requesting $5,000 to assist in offsetting some of the start-up costs to create a technology education program. Start-up costs would include instructor fees, equipment, software license fees, administrative costs, solicitation of sponsors, program oversight and various additional costs needed to run the program. This organization is looking to partner with the City to build technology education in order to create a technology economy. This organization has never been funded. The Ad Hoc Committee did not recommend funding because this organization did not submit a current IRS Form 990. 9. Graceful Passages, Inc. Is requesting $1,000 to assist with providing an elderly care workshop known as Unit Two. Unit Two is the second of four retreats in a 2 year program that will expose Coachella Valley caregivers and healthcare leaders to the innovative program offerings from The Center for Sacred Art of Living and Dying, "Healing the Healers". Funding would bring the Unit Two program to the Coachella Valley for at least 50 participants, would allow them to provide scholarships for at least 6 participants, and help pay for faculty expenses (travel, food, materials). This organization has never been funded. The Ad Hoc Committee did not recommend funding because this organization's partner agency, Desert Area Chapter Oncology Nursing Society was funded $500 in Fiscal Year 2014/2015. 300 Click here to return to Agenda 10. La Quinta Middle School is requesting $5,000 to provide and enhance organized sports, activities, and guidance to all La Quinta Middle School students - all within the school and instructed by the school's current teachers. Funding would be used to purchase activity materials, athletic equipment, and to pay small stipends to instructors. Their magnet school focus of "Fitness School of Champions" surrounds students throughout the day and after school as well as with messages and practices of being active and making sound nutritional choices. This school's goal is to improve the health and fitness level of every student. This school was last funded $10,000 in Fiscal Year 2014/2015. The Ad Hoc Committee did not recommend funding because this organization was funded last fiscal year. 11. Red Hot Ballroom is requesting $3,000 to purchase dance outfits, trophies and medallions, and to pay for the Heatwave Youth Band at the Dance Competition. This program provides 28 weeks of free ballroom dance instruction for 4th, 5th, and 6th graders in Coachella Valley schools. This after school program concludes in May with three ballroom dance competitions. This organization was last funded $1,000 in Fiscal Year 2013/2014. The Ad Hoc Committee did not recommend funding at this time. 12. SunLine Transit Agency is requesting $1,000 to support their second annual Highway 111 Music Festival, being held on November 1, 2015. This event will showcase local musical talent on several Line 111 buses that provide service along Highway 111 from Indio to Palm Springs. Funding would be used towards marketing, promotional materials, and performance fees. This organization has never been funded. The Ad Hoc Committee did not recommend funding because this agency is not a 501c3 non-profit organization. 301 Click here to return to Agenda 302 Click here to rBUSn to S ITgenIM NO. 2 City of La Quinta CITY COUNCIL MEETING: October 6, 2015 STAFF REPORT AGENDA TITLE: APPROVE REDUCTION OF REGULAR CITY COUNCIL MEETINGS DURING DECEMBER 2015 AND JANUARY 2016 TO ONE PER MONTH BY CANCELLING REGULAR MEETINGS OF DECEMBER 15, 2015 AND JANUARY 5, 2016 RECOMMEDATION Cancel the regular City Council meetings of December 15, 2015 and January 5, 2016. EXECUTIVE SUMMARY City Council meetings are held on the first and third Tuesdays of each month. Council has previously modified the meeting schedule during the holiday season if there were no known time -sensitive matters that require Council action. Advance notice of cancelled meetings allows Councilmembers, staff and the public to properly plan workflow and activities. FISCAL IMPACT There would be a time and materials cost savings from not producing/delivering two agenda packets. Staff time associated with report writing, review and production of agenda packets would be diverted to special projects. BACKGROUND/ANALYSIS Review of items that may require Council action indicate that the following meeting schedule would accommodate the City's business needs: December 1, 2015 December 15, 2015 January 5, 2016 January 19, 2016 regular meeting CANCEL CANCEL regular meeting Should a pressing situation or matter require Council direction or action before the next regular meeting, a special meeting would be called. ALTERNATIVES Council may select alternate dates for cancelled meetings or cancel no meetings. Report prepared by: Teresa Thompson, Deputy City Clerk Report approved by: Susan Maysels, City Clerk 303 Click here to return to Agenda 304 Click here to retBU� I Ag nda ` A NG1 City of La Quinta urn CITY COUNCIL MEETING: OCTOBER 6, 2015 STAFF REPORT AGENDA TITLE: INTRODUCE ORDINANCE AMENDING, ADDING AND DELETING VARIOUS CHAPTERS OF MUNICIPAL CODE TITLE 3 RELATING TO REVENUE AND FINANCE RECOMMENDATION 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. EXECUTIVE SUMMARY 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. FISCAL IMPACT - None BACKGROUND/ANALYSIS Ten of the 19 chapters of Title 3 are addressed in this report. The following summarizes the substantial changes to each chapter: 305 CHAPTER 3.08 INVESTMENT OF MONEYS AND FUNDS Click here to return to Agenda Subsequent to adopting this chapter in 1982, the City Council developed its first Investment Policy (1992). This chapter authorizes the Treasurer to only 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. Sections 3.08.030 and 3.08.040 have been deleted since they duplicate state law, and reflect only a small section of requirements the State makes of the City Treasurer regarding securities and bonds. 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 the 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 are 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 October 6, 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 officers' signatures onto 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 October 6, 2015. 306 CHAPTER 3.18 SPECIAL GAS TAX STREET IMPROVEMENT FUND Click here to return to Agenda 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 seller's permit), 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 the resolution setting the City Manager's claim settlement and 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 regulation. For example, gardeners'vehicles were checked more often than consultants'vehicles due to the difficulty in identifying consultants'vehicles. 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. ALTERNATIVE` 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 307 Click here to return to Agenda 308 Click here to return to Agenda 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. 309 Click here to return to Agenda 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 an Click here to return to Agenda 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 California 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, which, for purposes of this chapter, is defined in section 2.12.010 of this code. 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 the city council adopted city investment policy and any provision of state law relating to the investing of general city funds, including but not limited to Sections 53601 and 53635 of the California Government Code, as said sections now read or may hereafter be amended, from moneys in the city treasurer's 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. 3.08.050 Reports. The city treasurer shall make a quarterly report to the city council of all investments made pursuant to the authority delegated in this chapter and as permitted by Section 53646(b)(1) of the Government Code. 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 city council adopted investment policy and terms of any state law, including but not limited to Section 53608 of the Government Code, 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. as Click here to return to Agenda 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 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, which, for purposes of this chapter, are "public 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. 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. aM, Click here to return to Agenda 3.12.040 Prevailing wage requirement. A. This section applies to "public works" as defined in California Labor Code Section 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 ($25,000) and for alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000), 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 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. 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. 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. 313 Click here to return to Agenda 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. 3.16.030 deleted 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. 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 314 Click here to return to Agenda 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 contained therein that the employee's ability to allow, 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 claim processing policies and procedures adopted by resolution of the city council as may be amended from time to time. Chapter 3.18 SPECIAL GAS TAX STREET IMPROVEMENT FUND 3.18.010 Created. To comply with the provisions of Section 2113 of the California Streets and Highways Code and 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 special gas tax street improvement fund. 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 315 Click here to return to Agenda 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 • ,Snr,C,I,A.l QQ.r;JWJQJ 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. "Business" means professions, trades, occupations, gainful activities, and all and every kind of calling whether or not carried on for profit. B. "City" means the city of La Quinta, a 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. "Collector" means the city manager, or other city officer or employee charged with the administration of this chapter by the city manager. D. "Gross receipts" means the total amount of the sale price of all 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. "Gross Receipts" apply to all such sales made in a fixed place of businesses 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. "Gross receipts," as used in this chapter, shall 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 316 Click here to return to Agenda 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. "Peddler" means any hawker, vendor, or other person who goes from house to house or 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/her possession to persons other than manufacturers, wholesalers, jobbers or retailers in such commodities. F. "Person" means all domestic and foreign corporations and limited liability companies, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, business and business entity of every kind, or common-law trusts, societies and individuals transacting and carrying on any business in the city other than as an employee. G. "Renewal date" means the date listed for renewal on the permit. H. "Solicitor" means a person engaged in soliciting, canvassing, or taking orders from 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. I. "Sworn statement" means an affidavit sworn to before a person authorized to take 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. 317 Click here to return to Agenda 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 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 initiate, transact, engage in, or carry on any business in the city without first having obtained and paid for a valid business license, or without complying with any and all provisions of this chapter applicable to that business. 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 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 Equalization Seller's permit, if applicable, and adding the City of La Quinta as a sublocation. No license shall be issued covering the sale of firearms until the applicant has obtained applicable permits and licenses from the Riverside County Sheriffs department. 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. 318 Click here to return to Agenda 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/her 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 anyway 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 authentic, 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 applicant is not the authentic, real party in interest in the business, it may deny the license. If the city council or such other body or official finds that the applicant is not the authentic, real party in interest in the business and if the application is found to be in the interest of one whose license has been revoked or who has been refused a license in the past, the application shall be edited to show the authentic, real party in interest in the business as the applicant and any future applications shall have the authentic, real party in interest identified and shall be processed in accordance with this chapter. 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; a Click here to return to Agenda 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 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 s/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. 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. 320 Click here to return to Agenda 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/her 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/her 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. 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 321 Click here to return to Agenda 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 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. 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. 322 Click here to return to Agenda 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 Application —Contents 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 or license renewal 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. 3.28.230 Statements not conclusive. No statements shall be conclusive as to the matters set forth therein, nor shall the filing of the some 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 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. 323 Click here to return to Agenda 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 (30) 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 transferable —Amended license for changed location. No license issued pursuant to this chapter shall be transferable; provided, that if a licensee wishes to relocate a business within the city, s/he may request an amendment to his/her business license, rather than reapplying for a new license, by submitting an application and paying a processing fee of ten dollars ($10.00). The amended license shall be issued if the new location complies with all applicable provisions of this code. 3.28.280 Duplicate license. A duplicate license may be issued by the collector to replace any license previously issued 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 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. 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. 324 Click here to return to Agenda 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 ton $15.00 One-half to 2 ton $25.00 Over 2 ton to 3 ton $50.00 Over 3 ton $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 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; 325 Click here to return to Agenda C. Business licenses for general contractors and subcontractors may be obtained semi-annually. 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 and provide statements in accordance with this chapter. 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(B), Class B. 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 2,250.00 326 Click here to return to Agenda CLASSIFICATIONS Class A Automobile repair, services and gas stations Home -based food and/or beverage business 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 homeowner 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 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 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 PASSENGER CARRIERS 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 327 Click here to return to Agenda section 5.40.010 subsection A and subject to chapter 5.40 PASSENGER CARRIERS 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 taxicab operators' licenses and 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 for taxicab operators' licenses and taxicab vehicles shall be the fees originally adopted by La Quinta Ordinance No. 31, which are: 1. Taxicab operator's license, $60.00 annually 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 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 P1 IRI Tr WQRKc CMITQACT (consolidated with chapter 3.12) DELETE: Chapter 3.32 RVTrFm CQNITQ A CTc (consolidated with chapter 3.12) 328 Click here to return to Agenda 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. 529 which was introduced at a regular meeting on the _ day of October 2015, and was adopted at a regular meeting held on the day of 2015, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution No. 2015-023. SUSAN MAYSELS, City Clerk City of La Quinta, California DECLARATION OF POSTING I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on , 2015 pursuant to Council Resolution. SUSAN MAYSELS, City Clerk City of La Quinta, California 329 Click here to return to Agenda 330 Click here to return to Agenda 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 California 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, which, for purposes of this chapter, is defined in section 2.12.010 of this code. (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 the city council adopted city investment policy and any provision of state law relating to the investing of general city funds, including but not limited to Sections 53601 and 53635 of the California Government Code, And tbt- giy i ni inril ^rin +erl city inypgrnon+ nlii,i as said sections now read or may hereafter be amended,_ -from moneys in -4s the city treasurer's 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) OM ... .. . . . ... ... . .. ...1� � PIVO.. .. ...... ... ... .. .. . .. .. .. .. .. .• -- -• -- - - ._ ..... ..... .. ._. .. .. ...... ... .. ... . .. - ..... . ....... .. .. . . 3.08.050 Reports. The city treasurer shall make a quarterly monthly report to the city council of all investments made pursuant to the authority delegated in this chapter and as feqmWedpermitted by Section 53646(b)(1) of the Government Code. (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 city council adopted investment policy and terms of any state law, including but not limited to Section 53608 of the Government Code, an t"^ ri+ , council Gdo ted investment ^lip" as it now reads or may hereafter be amended. In accordance with said section, the city treasurer shall take 331 Click here to return to Agenda 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) 10 AN I •N W W. Chapter 3.12 PURCHASES. CONTRACTS AND SURPLUS 3.12.010 Adoption Gf Ppurchasing 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 be set forth in the purchasing and contracting policies and procedures resolution adopted by the city council as amended from time to time.edepted (Ord. 2 § 1, 1982) 3.12.020 Service contracts A. Solicitation and selection of firms to provide professional services that primarily rel 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. F3.32.0101 n-nd selection of Professional Se.rv+Ees of privcite 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 aualifications. demonstrated competence. cost. delivery time, and other factors. 332 Click here to return to Agenda .. . .. . . . . .. . . ... . .. The specific procedures. rules and reaulations aovernina 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. [3.32.0101 C. The city nnil����olution��r-ribe spenifie prnnedurec rules nnrl m�cr� cv�urrcn rcrc'ry cna� ccnT`' 1� �vcccrarc�,�-aTc�—crr�cr firms (Ord 315 § 5 (par 1 AAQ1 3.12.030 �. Q 010-Public works contracts A. Contracts for public works projects, which, for purposes of this chapter, are "public 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. `Nith t Ee tI�, nnnl nrnreri--res nnri nules set fnr+h in the n--rGhncinn nnii C. il-tFl Ni��e� '�- vcar-�Sry cccrmz'��rrra�-aTc�'�c c-rmzn�rrmt.-Pvrcncr�r--r�arrcr rontrnctinnnliriec nnrl nrn,-erl--rec recnl--+inn nrinn+erl by the +�, -nril EXCe t when olicies and preced-w cs�vTcrcrvTr-a-depted by the city ceuncr� p federal or state law governs a public works projects s#aklthat must conform to federal or state requirements, as applicable, for the solicitation and awarding of public works ptRiectscontracts, 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 3.30.0501 Prevailing wage requirement. A. This section applies to "public works" as defined in California Labor Code Section 1720 throuah 1743. as may be amended and includina 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, goods or service. (Ord. 315 § 4 (part), 1998) 3.12.3-00-060 Surplus supplies and equipment; trade-ins; sales and donations: All using departments shall submit to the purchncinn ,^-pen+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 333 Click here to return to Agenda worn out, in accordance with the surplus policies and procedures resolution adopted by the city council as amended from time to time. 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. (Ord. 2 s 1, 1982) . .. .. • .. .a ftse .. a .: :.... .. e e .. .. . . . .11 . . . . . ...... . . .. .. ... .. .. . . .. • •• ------------- - M M . 00- --------------- ■ 334 Click here to return to Agenda li�111111,Illlil WIN W Wawa m-" �. I M., WE, I 335 Click here to return to Agenda I.. le: ...... . ..... . ......... . ....... I�1:!*!9 • ! 1 ••m2m, 2 1 9 1 CA AppFeved venrlerc IicF GR the appFeveedd ve—Adeers, last, er whe h;4wp m;;dp I itteR Feq6ip--,;t that their names he ;;Plplpd there �II (Ord. 1S, 199L�� 7 2 1 9 1 LA Q--Ile+iR hnard Ratir-e bii;Tetin beard the (Ord. 19824 effity-eff+Ees . 336 Click here to return to Agenda .. Me. rw .. .. .. ._ .. ._ .. .. _ _ .. . .._ ... .. MIN I - M-11 .. I - M-11 .. rJECIPM M.M.M., I I l77:!E7■. i9"i�. . •. 337 Click here to return to Agenda mill I •. • •. . INN. _.._ ._. .__.._. _ .. ._ _ .. ._. _ _ M. .. ._ . NO IM l Ni 338 Click here to return to Agenda 1 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 the facsimile digital or electronic signatures ief the rite, MGRGger in the preparation of city warrants. In the event n fnr-rimilo (Ord. 337 § 1, 2000; Ord. 210 § 1, 1992) Chapter 3.15 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 3.16.0201 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 deleted 339 Click here to return to Agenda 3.15.040 Audit and approval by receiving Ddepartment [from 3.16.0401 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 aApproval by director of finance. [from 3.16.0501 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. 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 some 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, 0801 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. 340 Click here to return to Agenda Chapter 3.16 n-rEMA DS AND ri AIMSCLAIMS 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 aiiu yei-iewi 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. 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 contained therein that the employee's ability to allow, 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. SEE CHAPTER 3.15 DEMANDS FOR PAYMENT FOR INCLUSION OF SECTIONS 3.16.020 THROUGH 3.16.090 Chapter 3.18 SPECIAL GAS TAX STREET IMPROVEMENT FUND 3.18.010 Created. To comply with the provisions of Section 2113 of the California Streets and Highways Code and to avail the city of the4s benefits of Sections 2106 and 2107 of the California Streets 341 Click here to return to Agenda and Highways Codesaid rede, there is created by ordinance in the City treasury a special fund in the city treasurer to be known as the special gas tax street improvement fund. (Ord. 2 § 1, 1982) 3.18.020 Monevs 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, linterest 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 ourooses. DELETE: Chapter 3.19 SPECIAL TAX FOR FIRE PROTECTION AND PREVENTION 342 Click here to return to Agenda 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 e—mail 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 3.28 BUSINESS LICENSES 3.28.010 140-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. "Business" means professions, trades, occupations, gainful activities, and all and every kind of calling whether or not carried on for profit. B. "City" means the city of La Quinta, a 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. "Collector" means the city manager, or other city officer or employee charged with the administration of this chapter by the city manager. 343 Click here to return to Agenda D. "Gross receipts" means the total amount of the sale price of all 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. "Gross Receipts" apply to all such sales made in a fixed place of businesses 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. "Gross receipts," as used in this chapter, shall 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 license paid to any other city for sales transacted outside the city. E. "Peddler" means any hawker, vendor, or other person who goes from house to house or 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/her possession to persons other than manufacturers, wholesalers, jobbers or retailers in such commodities. F. "Person" means all domestic and foreign corporations and limited liability companies, associations, syndicates, joint stock corporations, partnerships of every kind, clubs; Ml S-so- 'husettC' business and business entity of every kind, or common-law trusts, societies and individuals transacting and carrying on any business in the city other than as an employee. G. "Renewal date" means the date listed for renewal on the permit. H. "Solicitor" means a person engaged in soliciting, canvassing, or taking orders from 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. 344 Click here to return to Agenda I. "Sworn statement" means an affidavit sworn to before a person authorized to take oaths or a 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 O1-0-Enforcement. A. The rite, 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 mcinciger or hisdesignee, 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 mcinager or "is —J. —Y Iollector 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 hn"iR9 Such 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. (Ord. 31 § 1, 1983; Ord. 16 § 1, 1982) 3.28.030 02-0-Business license required. Subject to the provisions of this chapter, all businesses engaged in or carried on in the city shall pay , an annual business license —4s in the amounts as provided in this chapter except where specific provisions are made for dailv. 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 initiateGommence, transact, engage in, or carry on any business in the city without first having obtained ai u for a -valid mess license-, therefor, or without complying with any and all applicable -provisions of this chapter applicable to that business. COMPUGIRGe IAVTth such requirements shall not he enst ed to bee a- condition preGedent to eng y business OF GGrPGrGtin_.n Within the city where the imposition of Such o condition precedent mini (d he contrary to InIM 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. (Ord. 31 § 1 (part), 1983; Ord. 16 § 1 (part), 1982) 3.28.040 03-0-License subject to other regulations and fees. Persons required to pay a 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 345 Click here to return to Agenda 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 r-1Pfrom the Riverside County department of health, and if applicable, from the State Alcoholic Control Board. No persoi i _ call be issued a business license without first obtaining a State Board of Equalization Seller's permit, if applicable, and adding the City of La Quinta as a sublocation. No license shall be issued covering the sale of firearms until the applicant has obtained applicable permits and licenses from the Riverside County Sheriffs department. (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 O-WTrue 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/her 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) e - Me@ e ei- 3.28.080 Grounds for denial. A. The cite manggor 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 anyway 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 346 Click here to return to Agenda before the 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 authentic, 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 applicant#G is not the authentic, real party in interest in the business, in the interest ^f the Ferc^^ in Jh^co mane the epplica-+i^n is m.G&, it may deny the license. If the city council or such other body or official finds that the applicanttkeR is not the authentic, real party in interest in the business and if the application is found to be is -in the interest of one whose license has been revoked or who has been refused a license in the past, the application shall be edited to show the authentic, real party in interest in the business as the applicant and h„uVt_a thP_ SA—t P_ffoG+ GgGiRS+ any future applications shall have the authentic, real party in interest identified and shall be a#feE processed in accordance with this chapter. tas if it -been mere in the RA —me of the reel paFtyiR iRterest. (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 regulationn.ft#e St te, 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; . .. .- . .. ....... . .. . .. . ... .. .. .... . . 001 ON M. .. - . _.@001.. .._. _..- - - -- .. .. . . . . ... . .. .. . . . . • - . - ... . . . .. . . . . .. _. .. .... .. ._.. .. .. WN ..- .. . ... .. ....... .. ... .. .. . .. . .. .. .. ...111MINNNOWN i- ".. NO ON - -- -- ... .. .. .... . ... .. .. ...... . .. .. . .. . . .. 347 Click here to return to Agenda DC. Conspiracy with any person to do anything described in subsections A B, or C, n� E o; F of this section; E44.The failure or refusal of the licensee to notify the cite manager efcollector 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, ne part of the mE)Rey in the ho-I of the Git„ shall be roti Mecl, bjt the entire cost of the business license shall be forfeited to the city. (Ord. 31 § 1 (part), 1983; Ord. 16 § 1 (part), 1982) 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. (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 MGnGger—collector if is filed 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) ... .. .. .. . .... .. . . . ... ... .. ... .. ...... . . .. ... . . . .. .. . . ... . ... . . . . . . . . . . IF.. 3.28.14015 -Compliance with laws required. 348 Click here to return to Agenda The payment a 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 s/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) 3.28.150140-License and penalties constitute debt to city. The charge Gmeyn for 44-any 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 license - and penalties. (Ord. 31 § 1 (part), 1983; Ord. 16 § 1 (part), 1982) 3.28.160 Iq0-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) 3.28.1701-90-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 some 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/her option, pay only one uu�,mc5s license -v e 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 license 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/her 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 a 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_; previ ed +h„r 349 Click here to return to Agenda N-Rothing 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 license liability 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 business license 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 Exemptions—ranorn11Y 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(03 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 efor 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) 3.2g.22F;xppLn n-Chnvitnhln nnrl nnnnvnfit nvnnni sn}inn-q B. Charitable and nonprofit organizations. The provisions of this chapter shall not be deemed or construed to require the payment effor a business license fee -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 Abe 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) 350 Click here to return to Agenda 3.29Xan E xempt*on- qcrvcpcc� ��ccci .r. C. Disabled veterans. No business license fee yable here ind- 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 disabilit . (Ord. 31 § 1 (part), 1983; Ord. 16 § 1 (part), 1982) 3.28.240 Exempt;nrvTr=F'FA\A fnnners maqazines and ncri nd*cn1c 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) 7.29z3F�€massecs subfect to frnnshi-;Pets. E. Businesses sub-ect 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) .�9.��€xempt-i-ornr ��i-n ite��TfCVImTf 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) 3.28.200 22070 Fee adiustments reauired in cases of interstate commerce. None of the business license chargesfe-e-s 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 c�r efee 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 08 ofthisCode. apply to thecollecter for • • Gdjustm.ent of •. fee *• application •■• ■. u•■ before,■ ■ ■ ■ u■■ ■ after payment of ■. ■ ■.• .■ The applicant s•• by swern• m—e ••• supporting testimony, Shelv • •. ••. ••• • iiiiii iii ■ ■. • ■• • ■ • ■ • u■ ■ ■■ .• ■•■ ■ III ■■ ■•■• ■■ ■• ■ • •. .■ • • • . ■ ■ ■ • • ■ •• . • ■ • • • • • . • • . • • • ■. ■ ■ u • •• • • ■■ • ■. MR. •■ ■ ■■• • ■. • ■■■ ■ • .• • ■• ■ ■ • ■u ■. • ■. u. ■ ■■ ■• ■■ ■ • ■• • ■ ■ ■. ■ ■ ■ 351 Click here to return to Agenda . ... . . . .. .. .... ... milli .. .. .. . . ... .. .. ... ... 3.28.210 234180-Application—Contents 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 chargetGx 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, a fictitious business statement if applicable, and (6-5) 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) 3.28.220 24A-9-0-Statement of gross receipts. In all cases where the amount foref the business license fee -to be paid is measured by gross receipts, or is exempt based on gross receipts, the applicant for license or license renewal shall furnish to the collector a sworn statement setting forth such information as is required and as may be necessary to determine the amount foref 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 foref the business license fee to be paid by the applicant. The applicant fer the rernP-W ceTCe Shall Submit to the collector n c,n,nrn •• a �if •. • • •. •• • pi Vanx&-mlir,w�EA— (Ord. 31 § (part),•i • 16 (part),•i 3.28.2302-503WStatements 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 foref the business license due. An inspection of books and records shall be made only when the city manGgefcollector has determined that there is substantial necessity to do so in order to properly administer this chapter. 352 Click here to return to Agenda 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 24034-0-Failure to file or failure to file a corrected statement. sectionIf 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 forGf the business license fe-e-clue 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 1 1 1 ofthis code.personally or by depositing intheUnitedStatespost office, MEMETTFUMM • • M. . • •NINE.,• . • . • • • • • • • • . • • • • . u . • • • 11461621 • • • ■• ■• ■ ■. ••• ■ ■ • ■.• • •• • ■• ■• • • u■ ■. ROOM IN u•■■. • • ■.■ ■ •■ 2TA• • •. \I • •• ••. • •• • • • • • • 3.28.250 4442-0-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.ry peal—te the city courncil�ur'�t-n- t-1hprovisions of. �^tinn �n0� ��Coccc-rc.n--r � �vni. T 2.n� of this code. 3.28.260 2Q�^0Additional Dower 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 furtherer, with the content of the council, tepower to compromise any claims as to amount foref the business license to-x-due. (Ord. 31 § 1 (part), 1983; Ord. 16 § 1 (part), 1982) 3.28.270 2Q�No license transferable —Amended license for chanaed location. No license issued pursuant to this chapter shall be transferable; provided, that if a licensee wishes to relocate a business within the city, s/he may request an amendment to his/her business license, rather than reapplying for a new license, by submitting an application and paying a processing fee of ten dollars ($10.00). The amended license Wi4shall be issued if the new location complies with all applicable provisions of this code. particular place, such lice-n-see may upon cipplicatien theire-for Gnd paying a fee of teR 353 Click here to return to Agenda 3.28.280 2^�Dunlicate license. A duplicate license may be issued by the collector to replace any license previously issued "eYpwhich 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 fee of five dollars 5.00 . (Ord. 31 § 1 (part), 1983; Ord. 16 § 1 (part), 1982) 3.28.290 314360-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. 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. .. ... .. ....... - - . .. . I MI M or.. M IM.- IN. .. .. MUMMER — .. 3.28.300 37-0-Method and time of payment. Unless otherwise specifically provided, all annual amounts due for business licenses fees shall be due and payable on or before the renewal date. (Ord. 400 § 2, 2004) 3.28.310 3SO-Penalties for failure to Dav fee when due. For failure to pay for a business license fee when due, the collector shall add a penalty of ten percent 10% of such business license charge fee 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 charge fee -due. (Ord. 31 § 1 (part), 1983; Ord. 16 § 1 (part), 1982) 3.28.320 40-0-Business Llicense amounts fees based non vehicle ,•,sigh+ —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 gener^l nndl special r-nnc+ri it+inn ,-nn+rn,-+nr�� shall pay for a business license fee as follows: A. Delivers any product or service in the city by the use of vehicles - amounts based on venicte weight as follows: Capacity I Rate per Vehicle Not exceeding one-half ton 1$15.00 354 Click here to return to Agenda One-half to 2 ton $25.00 Over 2 ton to 3 ton $50.00 Over 3 ton $75.00 B. Operates a mobile or occasional business - flat rate based on type of use as follows_ 1. Advertising. A BiIlhegrds signs not fivodl o P!Gces of hi iciness• $100.00 per c+ri ict, ire nr sign r-c. rrvvura�,�ry�Ts�Tv �c _ _ .. �" e� cam✓-v--vcrs-i��. 9a. Distributing handbills: $100.00 annually, or $50.00 monthly, or $25.00 daily. C-b. 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. A- ctieneerc net having a fiver) place of the i it. � $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 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 annualLv-fee; -Bb. Subcontractors, $50.00 annually -fee; C-c. Business licenses for general contractors and subcontractors may be obtained semi-annually. 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 fee -at the same rate prescribed in this chapter for persons engaged in the same type of business from and 355 Click here to return to Agenda 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 and provide statements in accordance with this chapter. 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 B Class B. 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 beveraae business 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 356 Click here to return to Agenda Architectural and design services Automotive sales Barbers and hairstylists Beauty shops and nail salons Childcare providers Cleanina 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 homeowner 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 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 services 3.28.340 -Taxicabs and passenger carriers. A. All passenger carriers described in sectiondmqAff 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 d3gptffsection 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 taxicab operators' licenses and 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 357 Click here to return to Agenda the governing agency pursuant to subsection A of this section, then notwithstanding any other provision in this code, the annual business license amounts for taxicab operators' licenses and taxicab vehicles shall be the fees originally adopted by La Quinta Ordinance No. 31, which are: 1. Taxicab operator's license, $60.00 annually 2. Taxicab vehicles, per vehicle, $25.00 annually 3.28.350 43-0-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 fee-s herein provided or without fas th4 -payment oa whatsoever. (Ord. 31 § 1 (part), 1983; Ord. 16 § 1 (part), 1982) 3.28.360 440-Rules and reaulations. 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 I.Mith the City mnneger and with the city clerk. (Ord. 31 § 1 (part), 1983; Ord. 16 § 1 (part), 1982) DELETE: Chapter 3.30 PUBLIC WORKS CONTRACT (consolidated with chapter 3.12) 358 Click here to return to Agenda DELETE: Chapter 3.32 SERVICE CONTRACTS (consolidated with chapter 3.12) 359 Click here to return to Agenda 360 Click here to retBJ�I E nc�a A N ) City of La Quinta CITY COUNCIL MEETING: OCTOBER 6, 2015 STAFF REPORT AGENDA TITLE: ADOPT FOUR RESOLUTIONS SETTING POLICIES AND PROCEDURES FOR PURCHASING AND CONTRACTING, DISPOSING OF SURPLUS GOODS, PROCESSING CLAIMS AGAINST THE CITY, AND APPLYING FOR AND ACCEPTING GRANTS RECOMMENDATION 1. Adopt Resolution No. 2015- setting forth policies and procedures regulating purchasing and contracting. 2. Adopt Resolution No. 2015- setting forth policies and procedures regulating the disposition of surplus goods. 3. Adopt Resolution No. 2015- authorizing the City Manager to perform claim processing functions subject to certain limitations. 4. Adopt Resolution No. 2015- 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. EXECUTIVE SUMMARY The City is conducting an in-depth review of the Code to update, clarify and streamline the City's policies and procedures. This task is being done in sections and the four resolutions are another step toward this goal. If the Council adopts Ordinance 529 (on today's agenda), various procedures and financial limits will be removed from the Code and set by resolution. This will provide greater flexibility and reduce the frequency and therefore costs associated with report preparation, copying, reviewing and voting on purchases, contracts, claims, grants, and surplus items. The resolutions dealing with purchases/contracts, claims and grants set the City Manager's expenditure and grant acceptance authorization limit at $50,000 or less (provided that the expenditures are included in the adopted operating budget). The surplus resolution sets the City Manager's disposal authorization limit at $500 per item. FISCAL IMPACT None. 361 BACKGROUND/ANALYSIS Click here to return to Agenda 1. Purchasing and Contracting Resolution Currently, ordinances adopted in 1982,1997 and 1998, and resolutions adopted in 2005 guide City purchases and contracting, many of which conflict with one another. Ordinance 529 updates the 1982, 1997 and 1998 ordinances, and the attached Purchasing and Contracting Resolution updates the 2005 resolutions. The procurement procedures are essentially the same as that set by the 2005 resolutions, but the proposed expenditure categories differ from the 2005 thresholds. Staff is proposing to increase some of the expenditure limits to facilitate more efficient goods and services procurement. All eligible expenditures must be first included in the City Council -approved operating budget. CURRENT PROPOSED CURRENT PROPOSED CURRENT PROPOSED Dollar Amount Dollar Amount Approval Approval Procurement Procurement Authority Authority Method Method $100 or less no change Director Manager/Director no bid; no PO same $101-$5,000 no change Director Manager/Director informal bids some $5,001-$15,000 $5,001-$30,000 City Manager Director informal bids/contract PO/informal bids/contract $15,001-$50,000 $30,001-$50,000 City Council City Manager informal bids/contract PO/informal bids/contract over $50,000 over $50,000 City Council City Council formal bids/contract same Note: PO references a purchase order which encumbers the funds. An informal survey of 27 cities shows that city manager expenditure authority ranges from $10,000 to $250,000 (Attachment 1). Within the Coachella Valley, the authorization range for non-public works projects is $10,000 to $75,000, and for public works projects, from $15,000 to $175,000. State law does not set a limit on delegated expenditure authority. A uniform city manager expenditure threshold for all circumstances (purchasing, contracting, claims, and grants) is preferable for clarity, consistency and implementation. The $50,000 amount was derived from the maximum claim amount state law allows a council to delegate to a city manager, and fits within the threshold norms for California cities. An analysis of the effect of the new thresholds using 2015 transactions shows that nine contracts and purchase orders could have been authorized by the City Manager rather than the City Council (Attachment 2). A new section setting forth procedures for City credit card use has been added to the purchasing and contracting policy. It outlines the practice historically followed but never included in a written policy. The local preference provision in the public works contracting Resolution No. 2005-095 has not been included in this new resolution. In order to include a local preference provision, case law requires that the Council find that local firms are disadvantaged because doing business within City limits is more expensive than doing business outside the City. Staff reviewed past practices and consulted with the City Attorney, and elected to not include this provision because it was rarely used and per case law, City Council findings are required for each contract that is awarded due to local preference. These actions would be taken on a case -by -case basis, when a local preference contract award is made. Eliminating this provision DOES NOT mean that the City will not seek local sources for goods and services, provided that quality and pricing are not compromised. 362 The resolution's effective date is set as November 19, 2015 so that if���ecomesuef�{'ec�tive the same day the Code revisions (Title 3) take effect in order to avoid a time period of overlapping, contradicting policies. 2. Surplus Goods Resolution Code chapter 3.12 briefly addressed surplus property disposal; this section has been amended to now reference this resolution. The resolution contains more thorough definitions, policies and procedures that are designed to ensure fair and equitable disposal, and compliance with case law. Whereas the Code permitted the Purchasing Agent and City Manager to dispose of surplus after receiving bids, it became custom to bring all surplus lists to Council for approval before disposing. The practice occurred annually and as a result, more space at City facilities was being devoted to storing broken and/or obsolete equipment. This resolution establishes an intermediate position as follows: The City Manager may authorize the disposal of surplus propertyvalued at $500 or less per item, and S/he may dispose of surplus in any manner, including trade-in, return to manufacturer for credit, public auction, sealed bids, scrapping, donating, or trashing provided s/he finds that it is "for the common benefit" of the City as required by State law. Surplus items valued over $500 will be presented to Council to determine how to dispose of it for the common benefit of the City. This resolution's effective date is November 19, 2015, as with the purchasing resolution. 3. Claims Against the City Resolution This resolution originates from State law that allows city councils to delegate claim handling to an employee, subject to certain limitations. The law provides that an employee may be authorized to reject all claims, and up to a $50,000 limit per claim, may pay a claim in full or in part, or may negotiate a settlement. The resolution provides that the City Manager will act on claims after consultation with the City's third party administrator. Over the past three fiscal years, 73 claims have been submitted, all of which have gone to Council for action. Of those 73 claims, 72 were denied and one was paid ($7,500). If this resolution were in place, these claims would have been handled by the City Manager. This is the first City resolution regarding claims, and since it does not contradict any provision in the current Code (or revised Code), it can take effect immediately upon adoption. The resolution does not delineate the steps to process a claim because all claims are processed in accordance with State law. 4. Grants Resolution In this resolution, procedures for grants sought by the City were streamlined and the uniform City Manager authorization limit of $50,000 was utilized. Currently, grants of any amount or value that staff finds beneficial to the City first go to Council for approval to submit an application then, if the application is successful, staff returns to Council for approval to accept the grant. This resolution authorizes the City Manager to (a) apply for 363 and accept grants for funds or goods valued at $50,000 or less,��ande���etapplAye or matching grants requiring a City match valued at $50,000 or less. The resolution directs the City Manager to only apply for grants that s/he finds are in the best interests of the City; apply/accept only grants that result in no increase to overall budget appropriations; adjust the budget to reflect grant income and record matching fund expenditures; and adjust inventory records to add the receipt of granted goods. To -date, six grant applications have been submitted this year to various agencies with requests ranging from $1,800 to $20,000. This represents an average number and dollar amount of grant requests over the years. If adopted, this resolution would transfer authorization for the majority of grant requests and acceptances to the City Manager. There are no former City ordinances or resolutions addressing grants; therefore, this resolution may take effect immediately. In cases where the grantor requires the governing body's pre -approval of the application or where Council pre -approval is politically prudent, staff will continue to seek Council approval even if the amount is under the $50,000 threshold. ALTERNATIVES Council may make changes to any resolution or chose not to adopt any one resolution or more; however, if they are not adopted or are significantly modified, staff recommends that the revised Title 3 of the Code be reviewed to ensure conformity. Report prepared by: Susan Maysels, City Clerk Report approved by: Frank J. Spevacek, City Manager Attachments: 1. Survey of City Manager Expenditure Limits — 27 Cities 2. Analysis of Resolution on 2015 Purchases/Contracts 364 Click here to return to Agenda 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. [5291 becomes effective. 365 Click here to return to Agenda Resolution No. 2015- Purchasing & Contracting Policy Adopted: Page 2 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on 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 366 Click here to return to Agenda Resolution No. 2015- Purchasing & Contracting Policy Adopted: Page 3 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 S100 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: no Note: These transactions take the place of ordinary ongoing purchases and shall be limited in use. B. EXPENDITURES OF $101 to $5,000 DURING THE INITIAL TERM' Authorization: Department Director, who may delegate to a department manager Procurement: No PO necessary; 3 informal bids/proposals2 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 party's nonperformance. 2 "Informal" bid/proposal means verbal or written, via telephone, e-mail or other casual medium. 367 Click here to return to Agenda Resolution No. 2015- Purchasing & Contracting Policy Adopted: Page 4 C. EXPENDITURES OF $5,001 to $15,000 DURING THE INITIAL TERM Authorization: Department Director Procurement: PO required ltus 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 Procurement: PO plus 3 written informal bids/proposals plus city contract3 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 city's 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. 368 Click here to return to Agenda Resolution No. 2015- Purchasing & Contracting Policy Adopted: Page 5 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, cashier's 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 City's 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. 369 Click here to return to Agenda Resolution No. 2015- Purchasing & Contracting Policy Adopted: Page 6 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 firm's 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. 370 Click here to return to Agenda Resolution No. 2015- Purchasing & Contracting Policy Adopted: Page 7 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. 371 Click here to return to Agenda Resolution No. 2015- Purchasing & Contracting Policy Adopted: Page 8 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. 372 Click here to return to Agenda Resolution No. 2015- Purchasing & Contracting Policy Adopted: Page 9 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 Manager's 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 Manager's 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 City's ethics policy. Doing so will result in 373 Click here to return to Agenda Resolution No. 2015- Purchasing & Contracting Policy Adopted: Page 10 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. 374 Click here to return to Agenda Resolution No. 2015- Purchasing & Contracting Policy Adopted: Page 11 When subsequently received, the supporting documentation will be retroactively reconciled to the payment. I. Lost or Stolen Cards. Authorized Users are 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. 375 Click here to return to Agenda 376 Click here to return to Agenda 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 govern the disposition of the City's surplus 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 City's non -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. [5291 becomes effective. 377 Click here to return to Agenda Resolution No. 2015- Surplus & Equipment Policy Adopted: , 2015 Page 2 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this day of October 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 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 8631213.4 a09/28/15 LINDA EVANS, Mayor City of La Quinta, California -2- 378 Click here to return to Agenda EXHIBIT A CITY OF LA QUINTA, CALIFORNIA SURPLUS SUPPLIES AND EQUIPMENT POLICY SECTION I. Purpose. To set forth the City of La Quinta's administrative policy for the transfer and 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) The term "City" means the City of La Quinta. (2) The term "nonprofit organization" means any charitable organization exempt under Section 501(c)(3) of the United States Internal Revenue Code, or successor statute. (3) The term "public agency" means the United States or the State of California or any agency or subdivision thereof, including any city, county, special district, or school district. (4) The term "surplus property" as used herein 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 employee. "Surplus property" does not include real property or any interest in real property. (5) The terms "scrapping" and "recycling" as used herein refer to the act of transferring discarded surplus property, including scrap or recyclables, to a vendor for use, salvage or resale. (6) The terms "scrap" or "recyclables" as used herein refer to surplus property that (a) may be reused "as is" or after repair, or (b) may be salvaged for its mineral value after treatment or processing. (7) The term "trash" or "junk" as used herein refers to surplus property which has no practical salvage or recyclable value. 379 Click here to return to Agenda Resolution No. 2015- Surplus & Equipment Policy Adopted: , 2015 Page 2 SECTION III. Methods of Transfer and Disposition. All surplus property is disposed of "as is" and "where is," with no warranty, guarantee, 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 the surplus property's 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. 2545/015610-0002 8631213.4 a09/28/15 -2- 380 Click here to return to Agenda 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 associated with the disposal of surplus property. advertising, auction costs, storage and other costs. 2545/015610-0002 8631213.4 a09/28/15 -3- computation of expenses These expenses may include 381 Click here to return to Agenda 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 City's 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 maintained by the City's records retention policy and by applicable law. (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. 2545/015610-0002 8631213.4 a09/28/15 382 Click here to return to Agenda 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. 2545/015610-0002 8631213.4 a09/28/15 -5- 383 Click here to return to Agenda 384 Click here to return to Agenda 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 Authority's 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 Authority's 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 Authority's 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. 385 Click here to return to Agenda Resolution No. 2015- Claim Handling authorization Adopted: _, 2015 Page 2 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on 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 386 Click here to return to Agenda 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 City's 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 387 Click here to return to Agenda Resolution No. 2015- Grant App Authorization Adopted: _, 2015 Page 2 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, and ADOPTED at a regular meeting of the La Quinta City Council held on 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 388 Click here to return to Agenda 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 It 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 It 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 It 25,000 supplies, equip., maintenance services It 125,000 public construction projects Beverly Hills 34,500 45,000 all types Brea 41,400 25,000 supplies, equip., maintenance services If 100,000 public construction projects Burbank 105,000 75,000 professional services It 100,000 supplies, equip., pp q p., 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: It 250,000 goods & public construction Pasadena 140,000 75,000 all types Paso Robles 30,500 20,000 supplies, equip., maint. & prof. services It 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 It 175,000 public construction projects San Rafael 58,200 35,000 supplies, equip., maintenance services It 125,000 public construction projects Santa Monica 91,000 80,000 supplies, equip., maint. & prof. services It 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., pp q p., maintenance services 389 UIGK rlere to re LUrn Lo MY ATTACHMENT AUTHORIZATION Council 01.06.2015 CM Approval Council 01.20.2015 PO# 1790 PO# 1791 PO# 1792 CM Approval PO# 1793 PO# 1794 PO# 1795 PO#1796 PO# 1797 Council 02.17.2015 Council 02.17.2015 Council 02.17.2015 PO# 1798 PO# 1799 PO# 1800 PO#1801 PO# 1802 PO# 1803 PO# 1804 PO# 1805 PO# 1806 PO#1807 PO# 1810 Council 03.03.2015 Council 03.03.2015 CM Approval CM Approval CM Approval Council 03.17.2015 CM Approval CM Approval Director Approval PO# 1808 PO# 1809 CM Approval Council 04.07.2015 Council 04.07.2015 Council 04.07.2015 Council 04.07.2015 CM Approval CM Approval CM Approval CM Approval Director Approval CM Approval CM Approval CM Approval CM Approval PO# 1813 PO# 1814 PO# 1815 PO#1816 PO#1817 PO# 1818 PO# 1819 PO# 1820 PO# 1821 Council 05.05.2015 AMOUNT 2015 DOCUMENT TRACKING $52,000 Matrix Consulting - crime trend & police service study $3,500 ClearSource - fee updates $42,000 Coachella Valley Engineers - Library lot expansion & bldg remodel plans, specs $5,292 DDL Traffic $6,220 Econolite Group Inc $4,875 Bruce Kribbs Construction $2,100 Community Connect - MOU for 211 service $1,865 Top Gear $875 Sunsplash Screen Printing $3,000 Pacific West Industries $9,328 City of Coachella $3,425 PCM-G ($357,000) Arch Ins Co - Settlement Agr & Release - Adams St Bridge project, liquidated damage< $296,825 Arch Ins Co - Adams St Bridge project - CCO#14,24,29,31,32,33,34,35,36 ($100,000) Kohl's & One Eleven LQ- MOU for Adams St signal project $489 41MPRINT $821 Vorwaller & Brooks Inc $11,880 JTB Supply Co $2,991 JTB Supply Co $5,680 DDL Traffic $4,692 DDL Traffic $16,867 Econolite Group Inc $6,189 Western Pacific Signal LLC $27,518 Iteris $1,994 JTB Supply Co $4,196 Best Signs Inc ($1,900,305) Marvin Investments - P&S Amendment and MOU re: village properties $156,600 Sigmanet Inc - IT services agr $400 DigiCert - FJS digital signing token renewal ($20,174) Boys & Girls Club of CV - CDBG agr with Riv Cty $14,461 Doug Wall construction - CCO#6 Wellness Ctr prof 2013-11 $40,792 Dateland Construction - Carranza drainage project ($16,800) Kirkpatrick landscaping - CCO#4, reducing services & contract amount $8,310 RBF - Amend #2, Adams St signal & street improvements ($2,233) Bengal Eng - Amend #1 - Dune Palms bridge project 2011-05 (reduction) $31,819 Pacific Lighting Sales, Inc [sales tax brought purchase over the $30K limit] $5,000 Fehr & Pers $11,388 Superior Pavement Markings - Jefferson/Hwy 111, triple left turn striping $285,000 La Quinta Farms - Amend #1 re: PM10 $102,507 Golden Valley Construction - perimeter landscaping, city lots on Ave 52 $176,808 RBF - drainage study $8,381 Riv Cty - Amendment re: animal field services ($19,310) National Community Renaissance - CDBG funds $0 Eisenhower Med Center - free health testing $0 Live Well Clinic - free health services term ext Cadence Communications - Amend #2, 24hr vacation rental hotline $1,950 Superior Pavement Markings - CCO#1, Jefferson/Hwy 111, triple left turn striping ($1500)/mo Springs Ambulance Service - 2015 lease agr $9,900 Sequoia Financial Services - fee collection services $30,000 CASC Engineering - on call water quality inspection services $7,250 Hermann Design Group $4,556 McCain $9,893 JTB Supply Co $14,800 PM10, Inc $11,812 Statewide Services, Inc $2,160 JTB Supply Co $2,403 JTB Supply Co $1,660 Costco $1,569 Safeware $19,553 McCain $27,300 Indian Springs Golf Club - Grant of Drainage Easement and Agreement, Horseshoe Rd 9/28/20152:42 PM 390 P1M"itttar.] exr-Ag UMFM ATTACHMENT AUTHORIZATION Council 05.05.2015 Council 05.05.2015 Council 05.05.2015 Council 05.05.2015 PO# 1822 PO# 1823 PO# 1824 PO# 1825 PO#1826 PO#1827 PO#1828 PO# 1829 PO# 1830 PO# 1831 Council 06.02.2015 Council 06.02.2015 Council 06.02.2015 Council 06.02.2015 Council 06.02.2015 CM Approval CM Approval Director Approval PO# 1832 Council 06.16.2015 Council 06.16.2015 Council 06.16.2015 Council 06.16.2015 Council 06.16.2015 Council 06.16.2015 Council 06.16.2015 Council 06.16.2015 Council 06.16.2015 CM Approval CM Approval CM Approval PO# 1833 PO# 1834 PO#1836 Council 07.07.2015 Council 07.07.2015 Council 07.07.2015 Council 07.07.2015 Council 07.07.2015 Council 07.07.2015 Council 07.07.2015 Council 07.07.2015 CM Approval Director Approval CM Approval PO# 1839 PO# 1840 Director Approval Council 07.21.2015 CM Approval CM Approval PO#1841 PO# 1842 PO# 1843 Council 08.04.2015 Council 08.04.2015 Council 08.04.2015 AMOUNT 2015 DOCUMENT TRACKING $126,180 Psomas - Amendment 14/15, on call construction inspection services $77,100 NAI Consulting - Amend #1, project mgmt for remaining 14/15 $90,000 JK Designs/Jane Dedecker - art purchase agr, Seeley Drive roundabout $676,783 Granite Construction - Adams St signal & street improvements $13,086 JTB Supply Co $6,690 Patton Enterprises, Inc $291 National Seminar Training $8,750 Western Pacific Signal LLC $4,590 Iteris $8,842 Stalker Radar Applied Concepts, Inc $4,282 Dell $12,041 High Tech Irrigation $15,990 Palm Springs Pump $27,815 BMW $123,900 Bengal Engineering - Dune Palms Rd widening project, engineering services $466,000 Psomas - on call construction inspection services for FY 15/16 $218,400 Traffex Eng - FY 15/16 traffic eng services $487,455 NAI Consulting - FY 15/16 PW project mgmt & contract admin East Valley Coalition - MOU for regional econ dev $1,010 Garda - 3 yr agr $15,000 Family YMCA - Amendment 1, pool maintenance $1,667 Dateland Construction - CC0#1, Carranza drainage project, project 2014-09 $9,600 MSA Consulting, Inc ($400,000) CVAG Reimbursement Agr, Amend 1 - Adams St bridge project $127,500 LQ Chamber of Commerce - 2015/16 business & marketing services $112,770 JNS Media Specialists - 2015/16 print marketing services $138,200 Graphtek Interactive - 2015/16 digital marketing services $102,220 Golden Touch Cleaning - 2015/16 janitorial services $41,141 Kirkpatrick Landscaping - change order & amend - citywide landscape maintenance $444,960 Conserve Landcare - park landscape maintenance proj 2014-15 $290,361 Superior Pavement Markings - Jeff/52 roundabout improvements $83,160 AM LaSalle electric - citywide landscape lighting maintenance $18,000 Public Research Group - survey survices $7,000 Rethmeier CPA - USDA Rural Dev required audit on low income housing $2,100 Community Connect - MOU for 211 service $7,080 bkm $4,100 Lorbel, Inc $16,216 Iteris ($9,002) Riv Cty - InterLocal Agr - Byrne Mem Justice Asst Grant $150,000 Altum Group - EIR Village buildout $50,000 CV Rescue Mission - support operations $179,995 AVIR Inc - council chambers audio -video equip $678,655 American Asphalt South Inc - 2015/16 slurry seal program $49,250 New Construction Solutions - Phase 1 ADA upgrades at sports complex & YMCA $115,195 RG General Eng - Phase II ADA upgrades at sports complex & YMCA $0 Riv Cty - MOU for library and museum management ($263)/mo Verizon - agr re reduced rates $1,166 Granite construction Co - CC0#1 Adams St Signal & St Improvements, proj 2012-01 $15,600 Sharkpools - Amend #3 fountain maintnenace $11,377 DIRT Transport $11,444 JTB Supply Co $5,000 Siemens Industry Inc - on call traffic signal repair $198,900 Spevacek - employment agr $13,800 HF&H Consultants, LLC - Amend #1 for AB939 services $7,500 NV5 - survey & LLA for Barton Land\future fire station deal $24,650 Polar Barr $19,779 DDL Traffic $4,536 DDL Traffic $350,000 Matich Corp - Monroe St paving rehab $711,908 Golden Valley Construction - library exterior improvments for 10th Anniv $477,702 Decor, Inc - library interior improvements for 10th Anniv 9/28/20152:42 PM 391 Click here to return to Aqenda ATTACHMENT2 AUTHORIZATION AMOUNT 2015 DOCUMENT TRACKING Council 08.04.2015 $73,332 LQ City Emp Assoc - MOU for 2 yrs PO# 1844 $16,436 Superior International Industries PO# 1845 $15,990 Palm Springs Pump PO# 1846 $29,995 Sam's Fence PO# 1847 Carmel Mountain Cabinetry (purchase ratified by Council911512015 ] PO# 1848 $26,317 Fiesta Ford CM Approval up to $30,000 Riv Cty - Amend #2, term ext, PSA for on -call County Geologist services at $140/hr CM Approval $28,000 Rogers, Anderson, Malody et al - Amend #1, temp. Accounting Manager services CM Approval $11,600 TKD Assoc, Inc - landscape design, projects 2015-05 and 2015-14 CM Approval up to $20,000 ViaTRON Systems - Amend #2 term ext, scanning services for FY 15/16 Director Approval $3,780 Royal Gym Services - Wellness Ctr equipment maintenance CM Approval $15,060 Michael Baker Int. & Dudek- Sub Agr for T. Ryan's services - drainage study CM Approval $17,096 Granite Construction Co - CCO#2 Adams St Signal & St Improvements, proj 2012-01 CM Approval $8,000 12MilesOut.com - video streaming services CM Approval $23,980 Hermann Design Group - turf conversion, Fritz Burns Park Council 09.15.2015 $0 CVWD & RIVCO - Agr, consent to CVWD purchase of a tax default property in LQ Council 09.15.2015 $0 Greater PS Convention & Visitors' Bureau - Amendment updating the JPA Council 09.15.2015 $491,520 Granite Construction - pavement management plan - Washington St section Council 09.15.2015 $0 East Valley Coalition - Amended and Restated MOU adding City of Coachella Council 09.15.2015 $8,000 LQ Chamber of Commerce - amendment abating rent & utility payments, Sept -June 9/28/20152:42 PM 392 Click here toEreeturStoSONndTEM NO. City of La Quinta CITY COUNCIL MEETING: October 6, 2015 STAFF REPORT AGENDA TITLE- LOGO REVISIONS DISCUSSION RECOMMENDATION Provide direction regarding updating the City's marketing logo. EXECUTIVE SUMMARY • On July 21, 2015, the City Council reviewed updated proposals for the marketing logo. Staff was directed to give the designers complete creative license and to return with additional concepts. • Ten new logo concepts have been submitted for review. • If approved, staff will begin the total brand refresh to encompass all digital and print materials to be completed by January 2016. FISCAL IMPAC i[ The logo refinement is part of the total brand refresh project budgeted at $30,000 in the marketing account. IACKGROUND/ANALYSIS On May 19, 2015, City Council reviewed an updated marketing logo as part of an overall brand refresh. While the color palette and font were approved, Council requested changes to the proposed logo, which included: • More space between the "La" and "Quinta" • Angled line in the "Q" • Thicker font • Smaller gem icon • Variations of the "updated" GEM logo from Graphtek Interactive On July 21, 2015, the revised logos were submitted for review. These logos included the recommended adjustments, additional font explorations, and gem placement. Council reviewed the options and directed staff to return with additional options and to give total creative license to the designers. Staff coordinated with Graphtek Interactive to create ten completely new concepts ranging in size, style, color, and font application. The designs are as follows: 393 "Windows" "Q*Bert" Click here to return to Agenda 41010. LAQUINTA CALIFORNIA "Fiesta" AQ1 11NTA CALIFORNIA "Stained Glass" "Boxes" 0110,10J00. - k 9-19,000mm LAQUINTA CALIFORNIA LAQUINTA CALIFORNIA 394 "Ranges" "Bell Tower" Click here to return to Agenda LA QUINTA C A L I F 0 R N I A "Sunset" LA QU I NTA C A L I F 0 R N I A "Q Surround" LA QU I NTA CALIFORNIA "Mosaic" LA QUINTA CALIFORNIA 395 Click here to return to Ag da Representatives from Graphtek Interactive will be presenting the logo concepts at Me meeting and will provide details for each concept. If approved, staff will begin the brand refresh that will encompass all print, apparel, fleet vehicles, and digital media. The refreshed brand will be completed by January 2016. Report prepared by: Tustin K. Larson, Marketing & Events Supervisor Report approved by: Frank Spevacek, City Manager 396 MU �111 I ITY VE LOB.AIM, JU-RE-PC P 2,318 704 Phone Calls Receivejal Total Applied Permits 1,45 617 Total Customers Served at Total Issued Permits and the Permit Center Counter Licenses IRTfi Planning Activity —Major Projects Staff is working with developers and owners on the following future projects: • Saxony Convention Center — A 135,000 square foot Convention Center at the former Sams Club building, located within the Centre at La Quinta, east of Wal-Mart. •- Washington 50 — Proposed development includes the construction of a gas station with convenience store and car wash, two drive-thru fast food restaurants, and two office/retail buildings, located at the southeast corner of Washington Street and Avenue 50. •- The Grand La Quinta — Proposed development will include the construction of a 500-room extended stay hotel and commercial and retail space, located south of Auto Centre Drive, between Adams Street and La Quinta Drive. Year 2015 2014 Year 2015 2014 July 200 177 July 969 500 August 167 128 August 909 538 Year To Date 1 1,479 1,202 i Year To Date 6,774* 3,663 *Inspection totals from 2015 reflect total amount of individual inspections performed versus 2014 totals, which indicate the amount of inspection sites visited. COMMUNITY DEVELOPMENT DEPARTMENT 398 Building • Code Compliance/Animal Control • Housing • Planning Click here to return to Agenda 7July794 786 August 83 79 Year To Date 838 741 ANIMAL CONTROL ACTIVITY ♦ _212 Active Cases ♦ —7 Dog Bite Incidents • j , Via, « 71Y,79 2014 -� Year 2015 2014 188 ` July 74 182 August 85 137 August 139 179 Year To Date 835 1,487 Year To Date 869 1,407 CODE COMPLIANCE ACTIVITY ♦ -455 Active Cases ♦ ❑23 Completed Code Inspections (Includes Home Occupation and Pool Draining Inspections) COMMUNITY DEVELOPMENT DEPARTMENT 399 Building • Code Compliance/Animal Control • Housing # Planning Click here to return to Agenda 400 Click here to return to Agenda HISTORIC PRESERVATION COMMISSION MINUTES THURSDAY, AUGUST 20, 2015 CALL TO ORDER A regular meeting of the La Quinta Historic Preservation Commission was called to order at 3:07 p.m. by Chairperson Maevers. PRESENT: Commissioners Leila Namvar, Peggy Redmon, Linda Williams and Chairperson Kevin Maevers ABSENT: None STAFF PRESENT: Community Development Director Les Johnson, Planning Manager Gabriel Perez, Principal Planner Wally Nesbit, Executive Assistant Monika Radeva, Office Assistant Marilyn Monreal 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 March 19, 2015, as submitted. Motion passed unanimously. BUSINESS SESSION 1. Specific Plan 2015-0002, Tentative Tract Map 2015-0003 (TTM 36875), and Site Development Permit 2015-1003 submitted by Desert Land Holdings, LLC, for the consideration of a Cultural Resources Sensitivity Review prepared by CRM Tech for a 4.5 acre site. Project: The Villas at Indian Springs. Location: southeast corner of Jefferson Street and Palm Circle Drive. Principal Planner Wally Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. General discussion followed regarding the report's recommendations to implement an archaeological monitoring program and whether or not it was truly needed. Staff HISTORIC PRESERVATION COMMISSION MINUTES 1 AUGUST 20, 2015 401 Click here to return to Agenda explained that CRM Tech had made the recommendation in light of the site's proximity to the White Water channel as well as the age of the existing homes. Even though multiple grading activities have already occurred on the site, there still was the possibility that some subsurface cultural remains might be encountered. Motion - A motion was made and seconded by Commissioners Redmon/Namvar accepting the Cultural Resources Sensitivity Review prepared by CRM Tech for Specific Plan 2015-0002, Tentative Tract Map 2015-0003 (TTM 36875), and Site Development Permit 2015-0003; Project: Indian Springs Villas; as submitted with staffs recommendations and amending the proposed time for completion by staff to concur with the timeframe identified in the report on page seven, bullet point six: "completion of the fieldwork." Motion passed unanimously. CORRESPONDENCE AND WRITTEN MATERIAL - None REPORTS AND INFORMATIONAL ITEMS - None COMMISSIONER ITEMS 1. Community Development Director Johnson introduced Planning Manager Gabriel Perez to the Commission. 2. Chairperson Maevers said he was contacted by Mr. Sean McVeigh regarding the obstruction of his view by a new single family residence being built next to his home. 3. Mr. Robert Zafran, Historic Preservation Commissioner for the City of Rancho Mirage has not yet identified a date for a possible valley -wide gathering of representatives to form a colloquium of preservation organization. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Redmon/Namvar to adjourn this meeting at 3:52 p.m. Motion passed unanimously. Respectfully submitted, v'- " 7 MONIKA RADEVA, Executive Assistant City of La Quinta, California HISTORIC PRESERVATION COMMISSION MINUTES 2 AUGUST 20, 2015 402 Click here to return to Agenda PLANNING COMMISSION MINUTES TUESDAY, JULY 28, 2015 CALL TO ORDER A regular meeting of the La Quinta Planning Commission was called to order at 7:02 p.m. by Commissioner Wright. PRESENT: Commissioners Blum, Fitzpatrick, and Wright ABSENT: Commissioner Bettencourt and Chairperson Wilkinson STAFF PRESENT: Planning Manager Gabriel Perez, Principal Engineer Bryan McKinney, and Executive Assistant Monika Radeva Commissioner Fitzpatrick 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 Fitzpatrick/Blum to approve the Planning Commission Minutes of July 14, 2015, as submitted. AYES: Commissioners Blum, Fitzpatrick, and Wright. NOES: None. ABSENT: Commissioner Bettencourt and Chairperson Wilkinson. ABSTAIN: None. Motion passed. PUBLIC HEARINGS - None PRESENTATIONS 1. Saxony Group - The Grand La Quinta. Mr. Narendra Patel, Owner of Patel Architecture Inc., Palm Desert, CA - introduced himself and gave a detailed presentation of The Grand La Quinta extended stay apartment project. Mr. Martin Dolemo, Owner of Saxony Group, Palm Desert, CA - introduced himself and explained in further detail the concepts and ideas behind creating the proposed project. PLANNING COMMISSION MINUTES 1 JULY 28, 2015 403 Click here to return to Agenda General discussion followed regarding the project with regards to architectural style, height limitation, the use of water features, parking, amenities, accommodations, etc. BUSINESS SESSION 1. Appointment of two Commissioners to serve on the Development Code Tune Up Ad -hoc Committee. Motion - A motion was made and seconded by Commissioners Fitzpatrick/Blum to appoint Commissioner Wright and Vice Chairperson Bettencourt to serve on the Development Code Tune Up Ad -hoc Committee, and Commissioner Blum as alternate. AYES: Commissioners Blum, Fitzpatrick, and Wright. NOES: None. ABSENT: Commissioner Bettencourt and Chairperson Wilkinson. ABSTAIN: None. Motion passed. COMMISSIONER ITEMS 1. Report on City Council meeting of July 21, 2015. 2. Chairperson Wilkinson is scheduled to attend the August 4, 2015, City Council meeting. 3. The Commission is scheduled to be dark during the month of August, 2015. DIRECTOR'S ITEMS 1. Verbal update on recent California Water Commission action updating State Model Water Efficient Landscape Ordinance regulations. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Fitzpatrick/Blum to adjourn this meeting at 8:47 p.m. AYES: Commissioners Blum, Fitzpatrick, and Wright. NOES: None. ABSENT: Commissioner Bettencourt and Chairperson Wilkinson. ABSTAIN: None. Motion passed. Respectfully submitted, r MONIKA RADEVA, Executive Assistant City of La Quinta, California PLANNING COMMISSION MINUTES 2 JULY 28, 2015 404 Click here to return to Agenda COMMUNITY SERVICES COMMISSION MINUTES MONDAY, JULY 1312015 CALL TO ORDER A regular meeting of the La Quinta Community Services Commission was called to order at 5:30 p.m. by Commissioner Engel. ROLL CALL PRESENT: Commissioners Engel, Blakeley, Simonds, and Chiapperini ABSENT: Commissioner Johnson PLEDGE OF ALLEGIANCE Commissioner Chiapperini led the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - None CONFIRMATION OF AGENDA - Confirmed CONSENT CALENDAR 1. APPROVE MINUTES OF JUNE 8, 2015 Motion - A motion was made and seconded by Commissioners Blakeley/Simonds to approve the June 8, 2015 Community Services Commission Minutes as submitted. Motion passed: ayes 4, noes 0, absent 1 (Johnson). BUSINESS ITEMS 1. ELECT A CHAIRPERSON FOR THE COMMUNITY SERVICES COMMISSION Motion - A motion was made and seconded by Commissioners Blakeley/Simonds to appoint Commissioner Engel as Chairperson for the Community Services Commission. Motion passed: ayes 4, noes 0, absent 1 (Johnson). 2. ELECT A VICE -CHAIRPERSON FOR THE COMMUNITY SERVICES COMMISSION Motion - A motion was made and seconded by Commissioners Simonds/Engel to appoint Commissioner Blakeley as Vice -Chairperson for the Community Services Commission. Motion passed: ayes 4, noes 0, absent 1 (Johnson). 405 Click here to return to Agenda 3. COMMUNITY SERVICES MARKETING PLAN FOR FY 2015/16 Supervisor Larson presented report. Supervisor Larson include provisions for advertising the City's drought -related activities Motion - A motion was made and seconded by Commissioners Simonds/Blakeley to approve the Community Services Marketing Plan for FY2015-16. Commissioner Johnson responded by email suggested that the Community Services Marketing Plan for FY 2015-16 include provisions for advertising City's drought -related activities. Motion passed: ayes 4, noes 0, absent 1 (Johnson). 4. CANCELLATION OF THE AUGUST 10, 2015 COMMUNITY SERVICES COMMISSION MEETING Motion - A motion was made and seconded by Commissioners Blakeley/Simonds to approve the cancellation of the August 10, 2015 Community Services Commission Meeting. Motion passed: ayes 4, noes 0, absent 1 (Johnson). DEPARTMENT REPORTS 1. COMMUNITY SERVICES DEPARTMENT REPORT - MAY 2015 2. COMMUNITY SERVICES DEPARTMENT REPORT - JUNE 2015 REPORTS AND INFORMATION ITEMS 1. REPORT FROM COMMISSIONERS REGARDING MEETINGS ATTENDED 2. CALENDAR OF MONTHLY EVENTS COMMISSIONER ITEMS Commissioner Chiapperini made a short introduction to the Community Services Commission. Commissioner Blakeley asked how the city is preparing for El Nino this year. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Blakeley/Chiapperini to adjourn the meeting at 6:24 p.m. Motion passed: ayes 4, noes 0, absent 1 (Johnson). Respectfully submitted, LISA CHAUDHRY, Executive Office Assistant City of La Quinta, California 406