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2024 05 21 Councilta Qaigra GF.M nf'the DFSERT City Council agendas and staff reports are available on the City's web page: www.LaQuintaCA.gov CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBER 78495 Calle Tampico, La Quinta REGULAR MEETING ON TUESDAY, MAY 21, 2024 3:00 P.M. CLOSED SESSION 1 4:00 P.M. OPEN SESSION Members of the public may listen to this meeting by tuning -in live via http://Iaguinta.12milesout.com/video/live. CALL TO ORDER ROLL CALL: Councilmembers: Fitzpatrick, McGarrey, Pena, Sanchez, and 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 pursuant to the "Public Comments — Instructions" listed at the end of the agenda. 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 the Brown Act [Government Code § 54954.2(b)]. CONFIRMATION OF AGENDA CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION; INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (d) OF SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1) 2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6; CITY DESIGNATED REPRESENTATIVE: CARLA TRIPLETT, HUMAN RESOURCES MANAGER; AND EMPLOYEE ORGANIZATION: LA QUINTA CITY EMPLOYEES' ASSOCIATION, AND UNREPRESENTED EMPLOYEES RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. CITY COUNCIL AGENDA Page 1 of 6 MAY 21, 2024 REPORT ON ACTION(S) TAKEN IN CLOSED SESSION 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 pursuant to the "Public Comments — Instructions" listed at the end of the agenda. 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 the Brown Act [Government Code § 54954.2(b)]. ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS 1. JOSHUA TREE NATIONAL PARK UPDATES - PRESENTATION BY SUPERINTENDENT JANE RODGERS CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAGE 1. APPROVE COUNCIL SPECIAL MEETING MINUTES OF MAY 1, 2024 2. APPROVE MEETING MINUTES OF MAY 7, 2024 3. EXCUSE ABSENCES OF CHAIRPERSON DORSEY FROM THE MAY 8, 2024, FINANCIAL ADVISORY COMMISSION MEETING AND COMMISSIONER CALDWELL FROM THE MAY 28, 2024, PLANNING COMMISSION MEETING 4. ADOPT RESOLUTIONS (A) CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 5, 2024, AND (B) REQUESTING RIVERSIDE COUNTY CONSOLIDATE THE NOVEMBER 5, 2024, MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION [RESOLUTION NOS. 2024-017 AND 2024-0181 5. AWARD CONTRACT TO AMERICAN ASPHALT SOUTH, INC. FOR THE CITYWIDE SLURRY SEAL IMPROVEMENTS PROJECT NO. 2023-16, LOCATED IN VARIOUS LOCATIONS 6. AWARD CONTRACT TO VANCE CORPORATION FOR THE DUNE PALMS ROAD PAVEMENT REHABILITATION PROJECT NO. 2021-01, LOCATED ON DUNE PALMS ROAD FROM MILES AVENUE TO FRED WARING DRIVE 7. APPROVE DEMAND REGISTERS DATED MAY 3 AND 10, 2024 STUDY SESSION PAGE 1. DISCUSS SPECIAL EVENT REGULATIONS IN RESIDENTIAL DISTRICTS PER LA QUINTA MUNICIPAL CODE SECTION 9.60.170 CITY COUNCIL AGENDA Page 2 of 6 MAY 21, 2024 2. DISCUSS FISCAL YEAR 2024/25 MARKETING AND ECONOMIC 63 DEVELOPMENT STRATEGIES 3. DISCUSS FISCAL YEAR 2024/25 PRELIMINARY PROPOSED BUDGET 65 BUSINESS SESSION PAGE 1. APPROVE THE 2024 LEGISLATIVE POLICY GUIDE UPDATES 153 2. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH DESERT RECREATION DISTRICT FOR MANAGEMENT AND OPERATIONS OF THE FRITZ BURNS POOL PUBLIC HEARINGS — None DEPARTMENTAL REPORTS 1. CITY MANAGER 2. CITY ATTORNEY 3. CITY CLERK 4. COMMUNITY SERVICES 5. DESIGN AND DEVELOPMENT 6. FINANCE 7. PUBLIC SAFETY A. PUBLIC SAFETY QUARTERLY REPORT — JANUARY — MARCH 2O24 211 B. POLICE QUARTERLY REPORT — JANUARY — MARCH 2O24 213 C. FIRE QUARTERLY REPORT — JANUARY — MARCH 2O24 217 8. PUBLIC WORKS MAYOR'S AND COUNCIL MEMBERS' ITEMS REPORTS AND INFORMATIONAL ITEMS 1. CVAG CONSERVATION COMMISSION (Evans) 2. CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE (Evans) 3. CVAG EXECUTIVE COMMITTEE (Evans) 4. VISIT GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (Evans) 5. IMPERIAL IRRIGATION DISTRICT — COACHELLA VALLEY ENERGY COMMISSION (Evans) 6. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans) 7. COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (Evans) 8. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans) 9. ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Fitzpatrick) 10. DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Evans & Sanchez) 11. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & McGarrey) 12. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Fitzpatrick & Pena) CITY COUNCIL AGENDA Page 3 of 6 MAY 21, 2024 13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick) 14. CVAG TRANSPORTATION COMMITTEE (Fitzpatrick) 15. IMPERIAL IRRIGATION DISTRICT — ENERGY CONSUMERS ADVISORY COMMITTEE (McGarrey) 16. COACHELLA VALLEY MOUNTAINS CONSERVANCY (McGarrey) 17. LEAGUE OF CALIFORNIA CITIES — ENVIRONMENTAL QUALITY POLICY COMMITTEE (McGarrey) 18. LEAGUE OF CALIFORNIA CITIES — EXECUTIVE COMMITTEE RIVERSIDE COUNTY DIVISION (McGarrey) 19. CANNABIS AD HOC COMMITTEE (Pena & Sanchez) 20. CVAG PUBLIC SAFETY COMMITTEE (Pena) 21. CVAG HOMELESSNESS COMMITTEE (Pena) 22. COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (Pena) 23. SUNLINE TRANSIT AGENCY (Pena) 24. ANIMAL CAMPUS COMMISSION (Sanchez) 25. GREATER CV CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE (Sanchez) 26. LEAGUE OF CALIFORNIA CITIES — PUBLIC SAFETY COMMITTEE (Sanchez) 27. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez) 28. ART PURCHASE COMMITTEE (Sanchez & McGarrey) 29. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (Sanchez) 30. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS REGIONAL COUNCIL (Sanchez) 31. FINANCIAL ADVISORY COMMISSION MEETING MINUTES OF APRIL 3, 2024 ADJOURNMENT ********************************* The next regular meeting of the City Council will be held on June 4, 2024, at 4:00 p.m. at the City Hall Council Chamber, 78495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Monika Radeva, 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 Chamber at 78495 Calle Tampico, and the bulletin board at the La Quinta Cove Post Office at 51321 Avenida Bermudas, on May 16, 2024. DATED: May 16, 2024 t� fI MONIKA RADEVA, City Clerk City of La Quinta, California CITY COUNCIL AGENDA Page 4 of 6 MAY 21, 2024 Public Notices • Agenda packet materials are available for public inspection: 1) at the Clerk's Office at La Quinta City Hall, located at 78495 Calle Tampico, La Quinta, California 92253; and 2) on the City's website at www.laguintaca.gov/councilagendas, in accordance with the Brown Act [Government Code § 54957.5; AB 2647 (Stats. 2022, Ch. 971)]. • 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 (760) 777-7123, 24- hours in advance of the meeting and accommodations will be made. • If background material is to be presented to the City Council during a City Council meeting, please be advised that 15 copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this takes place prior to the beginning of the meeting. PUBLIC COMMENTS - INSTRUCTIONS Members of the public may address the City Council on any matter listed or not listed on the agenda as follows: WRITTEN PUBLIC COMMENTS can be provided either in -person during the meeting by submitting 15 copies to the City Clerk, it is requested that this takes place prior to the beginning of the meeting; or can be emailed in advance to CityClerkMail(a)-LaQuintaCA.gov, no later than 12:00 p.m., on the day of the meeting. Written public comments will be distributed to Council, made public, and will be incorporated into the public record of the meeting, but will not be read during the meeting unless, upon the request of the Mayor, a brief summary of public comments is asked to be reported. If written public comments are emailed, the email subject line must clearly state "Written Comments" and should include: 1) full name, 2) city of residence, and 3) subject matter. VERBAL PUBLIC COMMENTS can be provided in -person during the meeting by completing a "Request to Speak" form and submitting it to the City Clerk; it is requested that this takes place prior to the beginning of the meeting. Please limit your comments to three (3) minutes (or approximately 350 words). Members of the public shall be called upon to speak by the Mayor. In accordance with City Council Resolution No. 2022-027, a one-time additional speaker time donation of three (3) minutes per individual is permitted; please note that the member of the public donating time must: 1) submit this in writing to the City Clerk by completing a "Request to Speak" form noting the name of the person to whom time is being donated to, and 2) be present at the time the speaker provides verbal comments. CITY COUNCIL AGENDA Page 5 of 6 MAY 21, 2024 Verbal public comments are defined as comments provided in the speakers' own voice and may not include video or sound recordings of the speaker or of other individuals or entities, unless permitted by the Mayor. Public speakers may elect to use printed presentation materials to aid their comments; 15 copies of such printed materials shall be provided to the City Clerk to be disseminated to the City Council, made public, and incorporated into the public record of the meeting; it is requested that the printed materials are provided prior to the beginning of the meeting. There shall be no use of Chamber resources and technology to display visual or audible presentations during public comments, unless permitted by the Mayor. All writings or documents, including but not limited to emails and attachments to emails, submitted to the City regarding any item(s) listed or not listed on this agenda are public records. All information in such writings and documents is subject to disclosure as being in the public domain and subject to search and review by electronic means, including but not limited to the City's Internet Web site and any other Internet Web -based platform or other Web -based form of communication. All information in such writings and documents similarly is subject to disclosure pursuant to the California Public Records Act [Government Code § 7920.000 et seq.]. TELECONFERENCE ACCESSIBILITY — INSTRUCTIONS Teleconference accessibility may be triggered in accordance with AB 2449 (Stats. 2022, Ch. 285), codified in the Brown Act [Government Code § 54953], if a member of the City Council requests to attend and participate in this meeting remotely due to `just cause" or "emergency circumstances," as defined, and only if the request is approved. In such instances, remote public accessibility and participation will be facilitated via Zoom Webinar as detailed at the end of this Agenda. *** TELECONFERENCE PROCEDURES — PURSUANT TO AB 2449*** APPLICABLE ONLY WHEN TELECONFERENCE ACCESSIBILITY IS IN EFFECT Verbal public comments via Teleconference — members of the public may attend and participate in this meeting by teleconference via Zoom and use the "raise your hand" feature when public comments are prompted by the Mayor; the City will facilitate the ability for a member of the public to be audible to the City Council and general public and allow him/her/them to speak on the item(s) requested. Please note — members of the public must unmute themselves when prompted upon being recognized by the Mayor, in order to become audible to the City Council and the public. Only one person at a time may speak by teleconference and only after being recognized by the Mayor. ZOOM LINK: https://us06web.zoom.us/n/82540879912 Meeting ID: 825 4087 9912 Or join by phone: (253) 215 — 8782 Written public comments — can be provided in person during the meeting or emailed to the City Clerk's Office at CityClerkMail@LaQuintaCA.gov any time prior to the adjournment of the meeting, and will be distributed to the City Council, made public, incorporated into the public record of the meeting, and will not be read during the meeting unless, upon the request of the Mayor, a brief summary of any public comment is asked to be read, to the extent the City Clerk's Office can accommodate such request. CITY COUNCIL AGENDA Page 6 of 6 MAY 21, 2024 CONSENT CALENDAR ITEM NO. 1 CITY COUNCIL MINUTES SPECIAL MEETING WEDNESDAY, MAY 1, 2024 CALL TO ORDER A special meeting of the La Quinta City Council was called to order at 4:00 p.m. by Mayor Evans. PRESENT: Councilmembers Fitzpatrick, McGarrey, Pena, Sanchez, and Mayor Evans ABSENT: None PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Richard Gray, La Quinta — said the Adams Park fence should be continuous and not have openings so that children can't run after a ball or a dog and into the street; speed limit signs near Adams Park are difficult for drivers to see; suggested a frequently asked questions (FAQs) section is added to the City's website to help the public navigate easier through locating information; and requested the City provide an update on the status of the SilverRock/Talus project. PUBLIC SPEAKER: Melissa Labayog, La Quinta — expressed concerns about short-term vacation rentals (STVRs), recent code updates adopted on December 5, 2023, via Ordinance No. 607, and special events being held in residential areas; and requested a meeting with Members of the City Council to express her concerns further. City Clerk Radeva said WRITTEN PUBLIC COMMENTS were received from La Quinta resident Claudia Snyder, providing comments regarding La Quinta City Council and Staff, which were distributed to Council, made public, published on the City's website, and included in the public record of this meeting. CONFIRMATION OF AGENDA — Confirmed PLEDGE OF ALLEGIANCE Mayor Evans led the audience in the Pledge of Allegiance. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION; INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (d) OF SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1) CITY COUNCIL MINUTES Page 1 of 2 MAY 1, 2024 SPECIAL MEETING COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 4:10 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 5:55 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported the following pursuant to Government Code section 54957.1 (Brown Act): • CLOSED SESSION ITEM NO. 1 — no new reportable action on this matter. The authorization to initiate litigation as reported out for Closed Session Item No. 1 from the February 20, 2024, Council meeting remains in place, and no new action was taken tonight for Closed Session Item No. 1 that requires additional reporting. MAYOR'S AND COUNCIL MEMBERS' ITEMS Mayor Evans commended the great turnout at the City's 42nd birthday picnic celebration held this past Saturday, April 27, 2024, at the Civic Center Campus. ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to adjourn at 5:57 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California CITY COUNCIL MINUTES Page 2 of 2 MAY 1, 2024 SPECIAL MEETING Lf CONSENT CALENDAR ITEM NO. 2 CITY COUNCIL MINUTES TUESDAY, MAY 7, 2024 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 3:00 p.m. by Mayor Evans. PRESENT: Councilmembers Fitzpatrick, McGarrey, Pena, Sanchez, and Mayor Evans ABSENT: None PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA — None CONFIRMATION OF AGENDA — Confirmed CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION; INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (d) OF SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1) COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:01 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:02 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: Mayor Evans said Council will reconvene Closed Session after the Open Session portion of the meeting to continue consideration of Closed Session Item No. 1. PLEDGE OF ALLEGIANCE Mayor Pro Tern Pena led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Steve Cherry, La Quinta — recommended that Council collaborate with SunLine Transit Agency to (1) add a trial bus route service along Madison Street from Highway 111 to Avenue 60 to determine its viability on whether it should be added as a permanent route to the existing bus routes and (2) provide hop -on -hop -off public transit services along Highway 111, between Washington and Jefferson Streets; and commented on Highway 111 businesses' signage. CITY COUNCIL MINUTES Page 1 of 7 MAY 7, 2024 9 PUBLIC SPEAKER: David Dinnel, La Quinta — inquired about the status of the Talus, former SilverRock, project; expressed concern about the City possibly annexing parts of its sphere of influence and taking on the responsibility to provide infrastructure and public services; and noted that the demand for short-term vacation rentals has decreased. WRITTEN PUBLIC COMMENTS were received from La Quinta residents Peter Wilkins and Demetria Pizano related to a residential block wall permit, which were distributed to Council, made public, published on the City's website, and included in the public record of this meeting. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. PROCLAMATION IN RECOGNITION OF THE 55TH ANNUAL PROFESSIONAL MUNICIPAL CLERKS WEEK MAY 5 — 11, 2024 Mayor Evans and Councilmembers presented a Proclamation recognizing the 55t" Annual Professional Municipal Clerks Week to the City Clerk's Department and thanked staff for their professionalism, dedication, and commitment to public service. CONSENT CALENDAR 1. APPROVE COUNCIL MEETING MINUTES OF APRIL 16, 2024 2. AUTHORIZE OVERNIGHT TRAVEL FOR ONE ADMINISTRATIVE TECHNICIAN TO ATTEND THE AMERICAN PUBLIC WORKS ASSOCIATION PUBLIC WORKS INSTITUTE IN DOWNEY, CALIFORNIA, OCTOBER 15-17, 2024 3. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH ST. NICKS CHRISTMAS LIGHTING & DECOR FOR THE PURCHASE OF A HOLIDAY TREE AND YEARLY STORAGE AND INSTALLATION 4. APPROVE PLANS, SPECIFICATIONS, ENGINEER'S ESTIMATE, AND ADVERTISE FOR BID THE CITY HALL ROOF REPAIR PROJECT NO. 2023-32 5. APPROVE PLANS, SPECIFICATIONS, ENGINEER'S ESTIMATE, AND ADVERTISE FOR RE -BID THE EISENHOWER BASIN SLOPE REPAIR PROJECT NO. 2023-22 LOCATED ON THE WEST SIDE OF EISENHOWER DRIVE BETWEEN AVENIDA FERNANDO AND COACHELLA DRIVE 6. ACCEPT CITYWIDE MISCELLANEOUS AMERICANS WITH DISABILITIES ACT IMPROVEMENTS PROJECT NO. 2023-07 (COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT NO.4.LQ.48-23) LOCATED WITHIN THE SEASONS NEIGHBORHOOD 7. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED FEBRUARY 29, 2024 CITY COUNCIL MINUTES Page 2 of 7 MAY 7, 2024 10 8. APPROVE DEMAND REGISTERS DATED APRIL 12, 19, AND 26, 2024 CONSENT CALENDAR COMMENTS Mayor Evans said Consent Calendar Item No. 3 approves an agreement with St. Nicks Christmas Lighting and Decor to assist the City with the annual holiday decorating, and also provides for the purchase of a new taller holiday tree which will be in place for the 2024 holiday season. MOTION — A motion was made and seconded by Councilmembers Pena/Fitzpatrick to approve the Consent Calendar as presented. Motion passed unanimously. BUSINESS SESSION 1. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH VISUAL EDGE IT FOR MANAGED INFORMATION TECHNOLOGY SERVICES Management Analyst Kinley presented the staff report, which is on file in the Clerk's Office. PUBLIC SPEAKERS: William M. Stayart, National Director of Sales Development for Managed Services with Visual Edge IT, Maurice Wilcher, Director of Engineering, and Peter Avery, Vice President of Security — gave a brief overview of the services the company provides; and said they are grateful for the opportunity to serve the City. Council discussed trends for cyber security and ransomware attacks, related safety protocols and measures, insurance requirements, and indemnification responsibilities; importance of staff training to ensure they know what to look -out for to avoid cyber- attacks; transition timeline between the current (Acorn Technologies) and new IT vendors (Visual Edge IT); and confirmed that Visual Edge IT will support the City with the current implementation and transition to the Zoom phone system. PUBLIC SPEAKER: Amanda Maze, Branch Manager Desert Cities with Visual Edge IT — said she is the City's local contact; and explained the variety of services Visual Edge IT provides for other agencies, including other cities in the Coachella Valley. MOTION — A motion was made and seconded by Councilmembers Sanchez/Pena to approve Agreement for Contract Services with Visual Edge IT for Managed Information Technology Services; and authorize the City Manager to execute the agreement. Motion passed unanimously. 2. APPROVE MEMORANDUM OF UNDERSTANDING WITH GREATER COACHELLA VALLEY CHAMBER OF COMMERCE (Chamber) FOR FISCAL YEAR 2024/25 CITY COUNCIL MINUTES Page 3 of 7 MAY 7, 2024 11 Marketing Manager Graham presented the staff report, which is on file in the Clerk's Office. PUBLIC SPEAKER: Brandon Marley, Chamber CEO — said paper copies of the Gem are distributed to all La Quinta full-time residential households, approximately 16,000, and noted deliveries are at the mercy of the United States Postal Service, for a grand total Gem distributions average of 20,000 to 25,000 which includes La Quinta businesses and digital distributions; Gem content and ad costs; the Gem tends to generate revenues to only cover its costs; business visits / walks conducted by the Chamber; new staff coming on board — a Marketing Manager who will assist with social media efforts, the Chamber's newsletter is paired with its social media schedule, and a Membership Coordinator to assist with event scheduling and coordination; costs associated with event wayfinding signs and the Chamber's plans to improve wayfinding signage for the La Quinta Car Show event held annually at the La Quinta Community Park; and currently not considering other locations to hold the car show as it pairs and complements very well with the neighboring Old Town La Quinta businesses Council discussed the number of households in La Quinta; paper and digital Gem distributions; delays in digital Gem posting on the Chamber's website; importance of balancing Gem content and ensuring proper coverage of information and events; the City's weekly newsletter; social media; what other cities are doing; allowing public attendance at the State of the City event, without having to purchase a meal seat, and/or record and post, or livestream, Council's message delivered at the State of the City event for the public; encouraged checking on Council's availability before scheduling ribbon cuttings and mixers for La Quita businesses, so that some or all may attend and show their support and appreciation; expressed support for adding perimeter speakers at the La Quinta Car Show event as presented under Option 2 in the staff report, but did not support the addition of an LED wayfinding sign and video screen; possibly considering changing the car show venue in the future to the SilverRock Event Park when the hotels and conference center facilities are completed; and need for additional bathroom facilities at the car show. MOTION — A motion was made and seconded by Councilmembers Pena/Sanchez to approve a Memorandum of Understanding with the Greater Coachella Valley Chamber of Commerce for fiscal year 2024/25; including Option 2 a presented to add six (6) perimeter speakers at the La Quinta Car Show annual event priced at $2,750; and authorize the City Manager to execute the Memorandum of Understanding. Motion passed unanimously. 3. APPROVE COOPERATIVE AGREEMENT WITH COUNTY OF RIVERSIDE TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE, FIRE MARSHAL AND MEDICAL EMERGENCY SERVICES AND APPROVE COOPERATIVE AGREEMENT BETWEEN THE CITIES OF INDIO, LA QUINTA, COACHELLA, AND COUNTY OF RIVERSIDE TO SHARE THE COST OF A LADDER TRUCK COMPANY CITY COUNCIL MINUTES Page 4 of 7 MAY 7, 2024 12 Public Safety Deputy Director Mendez introduced Management Analyst Chastain, who presented the staff report which is on file in the Clerk's Office. PUBLIC SPEAKER: Riverside County Fire Chief Richard Tovar—said the fire laddertruck is anticipated to be delivered in October 2024 and the vendor has honored the pre - approved pricing per the Cooperative Agreement even though costs have increased. Council discussed the fire ladder truck availability to La Quinta when needed; the number of total fire ladder trucks in the Coachella Valley; Fire Department staffing, training, and recruitment; and anticipated versus actual fire services cost increases year over year. MOTION — A motion was made and seconded by Councilmembers Pena/Fitzpatrick to approve a Cooperative Agreement with the County of Riverside to provide fire protection, fire prevention, rescue, fire marshal and medical emergency services; and authorize the City Manager to execute the agreement. Motion passed unanimously. MOTION — A motion was made and seconded by Councilmembers Pena/Fitzpatrick to approve Cooperative Agreement between the Cities of Indio, La Quinta, Coachella, and the County of Riverside to share the cost of a ladder truck company; and authorize the City Manager to execute the agreement. Motion passed unanimously. STUDY SESSION — None PUBLIC HEARINGS — None DEPARTMENTAL REPORTS — All reports are on file in the City Clerk's Office. MAYOR'S AND COUNCIL MEMBERS' ITEMS Councilmember Sanchez and Mayor Pro Tern Pena reported on their attendance at the Concert in the Park event on May 4, 2024, at the SilverRock park. Mayor Evans commended staff on the City's 42nd birthday picnic celebration held on Saturday, April 27, 2024, at the Civic Center Campus. Mayor Evans and Councilmember Sanchez reported on their attendance at the La Quinta High School Information, Communication, Technology Academy graduation ceremony. Councilmember McGarrey reported on her (and other Members) attendance at the Southern California Association of Governments (SCAG) Annual Conference on May 2, 2024; and a Cinco de Mayo event for the grand opening of County Supervisor Manuel Perez's new office. Mayor Pro Tern Pena reported on his attendance at the Visit Greater Palm Springs golf tournament. CITY COUNCIL MINUTES Page 5 of 7 MAY 7, 2024 13 Councilmembers reported on their attendance at the Rutan & Tucker reception dinner event held on May 1, 2024. REPORTS AND INFORMATIONAL ITEMS La Quinta's representative for 2024, Mayor Evans reported on her participation in the following organizations' meetings: • CVAG EXECUTIVE COMMITTEE • SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS La Quinta's representative for 2024, Councilmember Fitzpatrick reported on her participation in the following organization's meeting: • CVAG TRANSPORTATION COMMITTEE La Quinta's representative for 2024, Councilmember Sanchez reported on his participation in the following organization's meeting: • ANIMAL CAMPUS COMMISSION Councilmember Sanchez said he will be applying to serve on SCAG Transportation Committee to fulfill the service requirements as the area's representative. Councilmember Sanchez noted that he and Councilmember Fitzpatrick met with staff to discuss the City's contract with Riverside County for animal services and this item will be scheduled for Council consideration in the near future. CLOSED SESSION — Continued 1. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION; INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (d) OF SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1) COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION A T 4:58 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 6:39 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported the following pursuant to Government Code section 54957.1 (Brown Act): • CLOSED SESSION ITEM NO. 1 — no new reportable action on this matter. The authorization to initiate litigation as reported out for Closed Session Item No. 1 from the February 20, 2024, Council meeting remains in place, and no new action was taken tonight for Closed Session Item No. 1 that requires additional reporting. CITY COUNCIL MINUTES Page 6 of 7 MAY 7, 2024 14 ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers McGarrey/Fitzpatrick to adjourn at 6:40 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California CITY COUNCIL MINUTES Page 7 of 7 MAY 7, 2024 15 16 CONSENT CALENDAR ITEM NO. 3 City of La Qu i nta CITY COUNCIL MEETING: May 21, 2024 STAFF REPORT AGENDA TITLE: EXCUSE ABSENCES OF CHAIRPERSON DORSEY FROM THE MAY 8, 2024, FINANCIAL ADVISORY COMMISSION MEETING AND COMMISSIONER CALDWELL FROM THE MAY 28, 2024 PLANNING COMMISSION MEETING RECOMMENDATION Excuse absences of Chairperson Keith Dorsey from the May 8, 2024, Financial Advisory Commission meeting and Commissioner Mary Caldwell from the May 28, 2024, Planning Commission meeting. EXECUTIVE SUMMARY • Chairperson Dorsey requested to be excused from the May 8, 2024, Financial Advisory Commission meeting due to a family emergency. Chairperson Dorsey has no excused or unexcused absences for fiscal year 2023/24. • Commissioner Caldwell requested to be excused from the May 28, 2024, Planning Commission meeting due to previously scheduled travel. Commissioner Caldwell has four excused absences for fiscal year 2023/24. FISCAL IMPACT Absent members do not receive any meeting compensation. BACKGROUND/ANALYSIS Section 2.06.090 of the La Quinta Municipal Code states: "If any member of a board, commission or committee absents him or herself from two consecutive regular meetings or absents him or herself from a total of three regular meetings within any fiscal year, his/her office shall become vacant and shall be filled as any other vacancy. A board, commission or committee member may request advance permission from the city council to be absent at one or more regular meetings due to extenuating circumstances, and/or may request the city council to excuse an absence after -the -fact where such extenuating circumstances prevented the member from seeking advance permission to be absent. If such permission or excuse is granted by the city council, the absence shall not be counted toward the above -stated limitations on absences." ALTERNATIVES Council may deny one or both requests, which would result in the absence being counted toward each Commissioner's limitation on absences as noted above. Prepared by: Laurie McGinley, Deputy City Clerk Approved by: Monika Radeva, City Clerk 17 18 CONSENT CALENDAR ITEM NO. 4 City of La Quinta CITY COUNCIL MEETING: May 14, 2024 STAFF REPORT AGENDA TITLF ADOPT RESOLUTIONS (A) CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 5, 2024, AND (B) REQUESTING RIVERSIDE COUNTY CONSOLIDATE THE NOVEMBER 5, 2024, MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION RECOMMENDATION A. Adopt a resolution calling and giving notice of the holding of a General Municipal Election on Tuesday, November 5, 2024, for the election of certain officers as required by the provisions of the laws of the State of California. B. Adopt a resolution requesting that the Board of Supervisors of Riverside County consolidate a General Municipal Election to be held on November 5, 2024, in the City of La Quinta, with the statewide General Election to be held on that same date. EXECUTIVE SUMMARY • On November 5, 2024, La Quinta voters will elect a Mayor for a full term of two years and two Councilmembers for full terms of four years each. • The filing period for candidate nomination papers for these offices will open on July 15 and close on August 9, 2024. The filing period will be extended to August 14 if an incumbent does not file for his/her/their office by the August 9 deadline. • The deadline for submitting the two attached election resolutions to the County is June 28, 2024. FISCAL IMPACT The Riverside County Registrar of Voters has not yet provided a cost estimate for consolidated election services. The City will be budgeting $120,000 for these services in the fiscal year 2024/25 budget, in City Clerk Professional Services account (101-1005- 60320). Variables affecting the final amount include the number of jurisdictions that participate, the final number of registered voters receiving pamphlets, the number of measures added to the pamphlet, providing vote -by -mail ballots to all registered votes, and increases to postage, paper, gas, vendor, and staff costs. 19 BACKGROUND/ANALYSIS The purpose of the first resolution is to comply with State and County laws by officially calling for an election and formally giving notice that an election will occur, the date and times, and the offices and terms to be placed on the ballot. La Quinta's municipal elections are governed by City Ordinance No. 327, which sets the Election Day as the first Tuesday after the first Monday in November of even -numbered years. State and County law further require the adopted resolutions to be submitted no later than one -hundred -thirty (130) days prior to Election Day (June 28, 2024). The purpose of the second resolution is to request that the Board of Supervisors permit consolidation of La Quinta's municipal election with the statewide election administered by the County, and La Quinta's agreement to reimburse the County for its share of the costs. The City has consolidated its municipal elections with the County since incorporation in 1982. The services provided by the County Registrar of Voters are ballot design, printing, mailing, polling places/vote centers coordination and staffing, poll worker education, ballot collection, tallying and publication, and voter registration and database maintenance. As with the first resolution, this one must also be submitted no later than one -hundred -thirty (130) days prior to Election Day (June 28, 2024). ALTERNATIVES To remain in compliance with City, County and State laws, adoption of these two resolutions is necessary; Council may elect to delay this action until a subsequent Council meeting, but no later than the June 18, 2024, meeting. Prepared by: Monika Radeva, City Clerk Approved by: Jon McMillen, City Manager 20 RESOLUTION NO. 2024 — XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, FOR THE ELECTION OF CERTAIN OFFICERS WHEREAS, under the provisions of the laws of the State of California and the City of La Quinta, a General Municipal Election shall be held on Tuesday, November 5, 2024, for the election of Municipal Officers. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That pursuant to the requirements of the State of California relating to General Law and Charter Cities and La Quinta Ordinance No. 327, there is called and ordered to be held in the City of La Quinta, California, on Tuesday, November 5, 2024, a General Municipal Election for the purpose of electing one (1) Mayor for the full term of two years and two (2) Members of the City Council for full terms of four years. SECTION 2. That the ballots to be used at the election shall be in the form and content as required by law. SECTION 3. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 4. That in accordance with Elections Code §14212 and/or any other law or executive order applicable to conducting the election, the polls for the election shall be open at 7 a.m. of the day of the election, and shall remain open continuously from that time until 8 p.m. of the same day, when the polls shall be closed, except as provided in §14401 of the Elections Code of the State of California and/or any other law or executive order applicable to conducting the election. SECTION 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 7. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further notice of the election, in time, form and manner as required by law. SECTION 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the permanent record of resolutions. 21 Resolution No. 2024 — XXX Calling Election — November 5, 2024 Adopted: May 21, 2024 Page 2 of 2 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 21st day of May, 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 22 RESOLUTION NO. 2024 - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REQUESTING THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, CALIFORNIA CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO §10403 OF THE CALIFORNIA ELECTIONS CODE WHEREAS, a General Municipal Election is to be held in the City of La Quinta, California, on Tuesday, November 5, 2024, for the purpose of electing a Mayor, and two Members of the City Council; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the city, the precincts, polling places and election officers of the two elections be the same, and that the election department of the County of Riverside canvass the returns of the General Municipal Election and that election be held in all respects as if there were only one election. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That pursuant to the requirements of California Elections Code section 10403 of the Election Code, the Board of Supervisors of the County of Riverside is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 5, 2024, for the purpose of the election of a Mayor for a term of two (2) years, and two Members of the City Council for a term of four (4) years. SECTION 2. That the county election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 3. That the Board of Supervisors is requested to issue instructions to the county elections department to take any and all steps necessary for the holding of the consolidated election. SECTION 4. That the City of La Quinta recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. 23 Resolution No. 2024 — XXX Consolidation of Election — November 5, 2024 Adopted: May 21, 2024 Page 2 of 2 SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of Riverside. SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the permanent record of resolutions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 st day of May, 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 24 CONSENT CALENDAR ITEM NO. 5 City of La Quinta CITY COUNCIL MEETING: May 21, 2024 STAFF REPORT AGENDA TITI AWARD CONTRACT TO AMERICAN ASPHALT SOUTH, INC. FOR THE CITYWIDE SLURRY SEAL IMPROVEMENTS PROJECT NO. 2023-16, LOCATED IN VARIOUS LOCATIONS RECOMMENDATION Award a contract to American Asphalt South, Inc. for the Citywide Slurry Seal Improvements Project No. 2023-16, located in various locations; and authorize the City Manager to execute the contract and approve future change orders within the project budget amount. EXECUTIVE SUMMARY • The Fiscal Year 2023/24 Pavement Management Plan (PMP) improvements include over 2,500,000 feet of slurry (Attachment 1): o Avenida Ramirez: over 345,000 square feet of slurry and dig -outs; o Avenida Vallejo: over 345,000 square feet of slurry and dig -outs; o Avenida Herrera: over 345,000 square feet of slurry and dig -outs; o Avenida Velasco: over 335,000 square feet of slurry and dig -outs; o Eisenhower Drive (between Calle Tecate and Avenida Fernando): over 835,000 square feet of slurry, dig -out, and striping bike lanes with buffers; and o Additive Alternate 1 — Utility Adjustments by the Coachella Valley Water District o Additive Alternate 2 - Avenue 60 (between Madison Street and Monroe Street): over 340,000 square feet of slurry, dig -outs, and striping bike lanes with buffers. o Additive Alternate 3 — Washington Street (between Eisenhower Drive and Avenue Montero): Stripe bike lane with buffer south bound on Washington Street. • American Asphalt South, Inc. of Riverside, California, submitted the lowest responsible and responsive bid at $1,385,901.20 (Attachment 2). Additive Alternates 2-3 are recommended for award. • Additive alternate 1 is not recommended since Coachella Valley Water District (CVWD) has elected to adjust their utilities with their own forces. 25 FISCAL IMPACT The 2023/24 Capital Improvement Program (CIP) allocates $1,500,000 of General Funds with $597,000 in carry-over funding. The following is the project budget: Total Budget* Design/Professional: $ 75,000 Construction: $ 1,382,602 Inspection/Testing/Survey: $ 20,000 Contingency: $ 619,398 Total Budget: $ 2,097,000 BACKGROUND/ANALYSIS The PMP funds improvements to maintain and upgrade City roadways. The PMP is divided into phases, and the City typically implements PMP projects during the summer when traffic congestion is low. This fiscal year's improvements will slurry over 2,500,000 square feet of pavement and includes minor pothole repair and minor striping improvements. The striping improvements mostly include better delineation for the bike lanes and adding green paint backgrounds. On April 17, 2024, staff solicited construction bids from qualified contractors. The City received four (4) bids on May 9, 2024. American Asphalt South, Inc. of Riverside, California, submitted the lowest responsible and responsive bid at $1,385,901.20, including the additive alternates. Contingent upon approval to award the project on May 21, 2024, the following is the project schedule: Council Considers Project Award Execute Contract and Mobilize Construction (35 Working Days) Accept Improvements ALTERNATIVES May 21, 2024 May 22, 2024, to June 3, 2024 June 10, 2024, to July 29, 2024 August 2024 Staff does not recommend an alternative. Prepared by: Ubaldo Ayon, Assistant Construction Manager Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. Vicinity Map 2. Bid Comparison Summary M ATTACHMENT 1 FY 2023/24 Pavement Management Plan Improvements FRO WARNG DR. HWY ITI AM FE w \� \ AVE. RAMIREZ+AVE. o\' �- AYEHIIE 50 VALLEJO+AVE.HERRERA+AVE. w 3 VELASCO+EISENHOWER DR. z PROJECT SITE GJ LE fAMP,CO 57�e. AVENUE V VUE 53 0 z 0 h w AVENUE Sd VICINITY MAP CAZLE 'f WE �^ AVFiVGF 58 No SCALE AVENUE 60 AVErruE 50 PROJECT SITE AVENUE EI AYENGE 62 27 Bid Opening Date: 05/09/2024 FY 23/24 Pavement Management Plan Attachment 2 - Bid Comparison City Project No. 2023-16 Engineer's Estimate - Base Bid Item Item Description Unit Quantity Unit Price Total Cost 1 Mobilization LS 1 $ 140,000.00 $ 140,000.00 2 Traffic Control LS 1 $ 150,000.00 $ 150,000.00 3 Crack Seal and Type 11, Latex Emulsion SF 2,168,500 $ 0.35 $ 758,975.00 Aggregate lurry 4 Pavement Repair Type I: 2" Grind and Asphalt SF 19,960 $ 3.50 $ 69,860.00 Concrete Overia Pavement Repair Type II: Edge Repair AC 5 Shoving; Grind AC Shoving 2" Below Adjacent SF 70 $ 39.00 $ 2,730.00 Surface and 2" Overlay Pavement Repair Type III: Remove Existing AC, 6 Compact Existing Base, and Variable Overlay SF 370 $ 37.00 $ 13,690.00 (Depth per Plan 7 Signing and Striping, Including All Incidentals LS 1 $ 400,000.00 $ 400,600.00 Sub -Total Base Bid: $ 1,535,255.00 annITIVF Al TFRNATF Nn 7 Item Item Description Unit Quantity Unit Price Total Cost 1 Lower Sewer Manhole to Grade per CVWD EA 1 $ 1,300.00 $ 1,300.00 Standards 2 Raise Sewer Manhole to Grade per CVWD EA 1 $ 1,300.00 $ 1,300.00 Standards Sub -Total Additive Alternative No.1 Bid: $ 2,600.00 AnnITIVF Al TFRNATF Nn 7 - AVFNI IF An Item Item Description Unit Quantity Unit Price Total Cost 1 Mobilization LS 1 $ 39,000.00 $ 39,000.00 2 Traffic Control LS 1 $ 40,000.00 $ 40,000.00 3 Sawcut, Remove, and Dispose of Existing SF 1,490 $ 8.00 $ 11,920.00 Concrete Sidewalk, Ramp, and Cross -Gutter 4 Construct Sidewalk per City of La Quinta SF 55 $ 11.00 $ 605.00 Standard 240 5 Construct Concrete Curb Ramp per City of La EA 1 $ 6,500.00 $ 6,500.00 Quinta Standard 250, Case A 6 Crack Seal and Type 11, Latex Emulsion SF 345,470 $ 0.35 $ 120,914.50 Aggregate Slurry 7 Pavement Repair Type 1: 2" Grind and Asphalt SF 12,990 $ 3.50 $ 45,465.00 Concrete Oveda Pavement Repair Type III: Remove Existing AC, 8 Compact Existing Base, and Variable Overlay SF 140 $ 37.00 $ 5,180.00 (Depth per Plan 9 Construct 5% 6" Asphalt Concrete Over SF 780 $ 5.00 $ 3,900.00 Recom acted Existing Base Grade Parkway, Remove, Modify, and Replace 10 Landscape and Irrigation In Kind to Furthest LS 1 $ 5,000.00 $ 5,000.00 Extent Possible to Join Proposed Curb Ramp 11 Signing and Striping, Incl ding All Incidentals I LS 1 1 $ 150,000.00 $ 150,000.00 Sub Total Additive Alternative No 2 Bid: $ 428.494.50 American Asphalt South, Inc. Unit Price Total Cost $ 75,000.00 $ 75,000.00 $ 53,750.00 $ 53,750.00 $ 0.30 $ 650,550.00 $ 3.30 $ 65,868.00 $ 55.00 $ 3,850.00 $ 33.00 $ 12,210.00 $ 140,140.00 $ 140,140.00 1 4, 1,uu1,3bt5.UU i Unit Price Total Cost $ 1,650.00 $ 1,650.00 $ 1,650.00 $ 1,650.00 I y :i,,iuu.uu I Unit Price Total Cost $ 35,000.00 $ 35,000.00 $ 27,100.00 $ 27,100.00 $ 11.00 $ 16,390.00 $ 38.50 $ 2,117.50 $ 16,500.00 $ 16,500.00 $ 0.26 $ 89,822.20 $ 3.30 $ 42,867.00 $ 33.00 $ 4,620.00 $ 16.50 $ 12,870.00 $ 11,000.00 $ 11,000.00 $ 94,946.50 $ 94,946.50 Roy Allen Slurry Seal, Inc. Unit Price Total Cost $ 66,800.00 $ 66,800.00 $ 174,152.00 $ 174,152.00 $ 0.26 $ 563,810.00 $ 3.60 $ 71,856.00 $ 55.00 $ 3,850.00 $ 33.00 $ 12,210.00 $ 140,140.00 $ 140,140.00 i y 1,U3Z,81d.UU i Unit Price Total Cost 1,650.00 $ 1,650.00 $ 1,650.00 I y 3,3VU.VV I Unit Price Total Cost $ 45,835.00 $ 45,835.00 $ 22,940.00 $ 22,940.00 $ 11.00 $ 16,390.00 $ 38.50 $ 2,117.50 $ 16,500.00 $ 16,500.00 $ 0.26 $ 89,822.20 $ 3.30 $ 42,867.00 $ 33.00 $ 4,620.00 $ 16.50 $ 12,870.00 $ 11,000.00 $ 11,000.00 $ 94,946.00 $ 94,946.00 Pavement Coatings Co. Unit Price Total Cost $ 125,000.00 $ 125,000.00 $ 100,000.00 $ 100,000.00 $ 0.30 $ 650,550.00 $ 3.10 $ 61,876.00 $ 52.00 $ 3,640.00 $ 31.00 $ 11,470.00 $ 131,000.00 $ 131,000.00 i $ 1,U83,b36.UU Unit Price Total Cost $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 1 y L,VUV.uu I Unit Price Total Cost $ 35,000.00 $ 35,000.00 $ 54,000.00 $ 54,000.00 $ 10.30 $ 15,347.00 $ 36.00 $ 1,980.00 $ 15,500.00 $ 15,500.00 $ 0.30 $ 103,641.00 $ 3.10 $ 40,269.00 $ 31.00 $ 4,340.00 $ 15.50 $ 12,090.00 $ 10,300.00 $ 10,300.00 $ 90,000.00 $ 90,000.00 All American Asphalt Unit Price Total Cost $ 108,000.00 $ 108,000.00 $ 59,000.00 $ 59,000.00 $ 0.34 $ 737,290.00 $ 3.90 $ 77,844.00 $ 123.00 $ 8,610.00 $ 58.50 $ 21,645.00 $ 140,000.00 $ 140,000.00 i y 1,1b2,3t59.Uu i Unit Price Total Cost $ 2,100.00 $ 2,100.00 $ 2,300.00 $ 2,300.00 I y 4,4VU.Uu I Unit Price Total Cost $ 42,000.00 $ 42,000.00 $ 24,500.00 $ 24,500.00 $ 10.00 $ 14,900.00 $ 74.00 $ 4,070.00 $ 12,000.00 $ 12,000.00 $ 0.40 $ 138,188.00 $ 5.00 $ 64,950.00 $ 148.00 $ 20,720.00 $ 18.00 $ 14,040.00 $ 19,000.00 $ 19,000.00 $ 95,000.00 $ 95,000.00 1 y 3J3,G33.LV I I Y 3�y,eV/./V I I� 30G,40I.VV I I Y 44y,308.VV I ADDITIVE ALTERNATE NO. 3 -APPENDIX D Item I Item Description Unit Quantity Unit Price Total Cost 1 Mobilization LS 1 $ 3,000.00 $ 3,000.00 2 Traffic Control LS 1 $ 10,000.00 $ 10,000.00 3 Striping and Pavement Markings, Including All Incidentals LS 1 $ 15,000.00 $ 15,000.00 Sub -Total Additive Alternative No. 3 Bid: $ 28,000.00 Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost $ 1,000.00 $ 1,000.00 $ 1,500.00 $ 1,500.00 $ 3,000.00 $ 3,000.00 $ 7,250.00 $ 7,250.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 5,000.00 $ 5,000.00 $ 2,100.00 $ 2,100.00 $ 24,500.00 $ 24,500.00 $ 25,697.00 $ 25,697.00 $ 18,000.00 $ 18,000.00 $ 26,000.00 $ 26,000.00 $ 28,000.00 $ 29,697.00 $ 26,000.00 $ 35,350.00 Grand Total Base Bid Including Alternate No. 1-3 $ 1,994,339.50 $ 1,385,901.20 $ 1,425,722.70 $ 1,494,003.00 $ 1,641,507.00 Additive Alternates 1-3 : $ 459,084.50 $ 384,533.20 $ 392,904.70 $ 410,467.00 $ 489,118.00 Base Bid Only : $ 1,535,255.00 $ 1,001,368.00 $ 1,032,818.00 $ 1,083,536.00 $ 1,152,389.00 • CONSENT CALENDAR ITEM NO. 6 City of La Quinta CITY COUNCIL MEETING: May 21, 2024 STAFF REPORT AGENDA TITLE: AWARD CONTRACT TO VANCE CORPORATION FOR THE DUNE PALMS ROAD PAVEMENT REHABILITATION PROJECT NO. 2021-01, LOCATED ON DUNE PALMS ROAD FROM MILES AVENUE TO FRED WARING DRIVE RECOMMENDATION Award a contract to Vance Corporation for the Dune Palms Road Pavement Rehabilitation Project No. 2021-01, located on Dune Palms Road from Miles Avenue to Fred Waring Drive; and authorize the City Manager to execute the contract and approve future change orders within the project budget amount. EXECUTIVE SUMMARY This project will combine similar scopes of pavement rehabilitation on Dune Palms Road from Miles Avenue to Fred Waring Drive (Attachment 1): o Work will include both pulverizing and replacing the existing pavement and grind and overlay. Additional work includes replacing non -compliant curb ramps and lane reduction from two (2) lanes to one (1) lane with buffered bike and cart lane. Vance Corporation of Beaumont, California, submitted the lowest responsible and responsive bid at $744,891.95 for the base bid and additive alternates (Attachment 2). Additive alternates 1 and 2 are not recommended since Coachella Valley Water District (CVWD) has elected to adjust their utilities with their own forces. FISCAL IMPACT The project is in the FY 2023/2024 Capital Improvement Program (CIP) and has Measure A Funding assigned in the amount of $240,000 and S131 Maintenance Funding assigned in the amount of $781,100. The following is the available funding: Total Budget Design/Professional: $ 40,000 Inspection/Testing/Survey: $ 75,000 Construction: $ 698,511 Contingency: $ 207,589 Total Budget: $ 1,021,100 29 BACKGROUND/ANALYSIS This project was being held pending the completion of the adjacent Landscape Renovation Improvements project at Cactus Flower. The Cactus Flower project will be complete before the construction of the pavement improvements. On April 19, 2024, staff solicited construction bids from qualified contractors. The City received seven (7) bids on May 14, 2024. Vance Corporation of Beaumont, California, submitted the lowest responsible and responsive bid at $744,891.95, including the additive alternates. Contingent upon approval to award the project on May 21, 2024, the following is the anticipated project schedule. Council Considers Project Award Execute Contract and Mobilize Construction (20 Working Days) Accept Improvements May 21, 2024 May 22, 2024, to June 9, 2024 June 10, 2024, to July 9, 2024 August 2024 Staff does not recommend an alternative. Prepared by: Ubaldo Ayon, Assistant Construction Manager Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments 1: Vicinity Map 2: Bid Comparison Summary 30 DUNE PALM ROAD PAVEMENT REHABILITATION VICINITY MAP nd Ave d,2nd Ave i 8riflllud� Dunesa i r"4"a Durres Dr A i "4cson D& s- n t i Starlighl Ln i DIP Couniry Club i Da rty Rd or i I I I i Palm Poyale Vill CIA df oun1ry C{Ub Emerald`' j lit I. Teiii,i.•s.l E• f Fitd W3F1 nQ Or Heritage Palms rso ll Club ""Aagib Palmr. doff C lub Avenue 42 0 z- A-ve Mlles Ave r- Miles Ay e �+ Mddk E u Sc o�l - -- - La 11:.il.1i tl 11 4 Ouini15 p biL• fork•—• Avenue 46 :II La Jtiinta lab ?, .yam Hgh School 1 4 {A E w € �4' CL i Cn y �111 .. r_P�hWay 111 - .Ak �- 1Y I 0 IMPORTANT" Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guaranteeas to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and OFIL assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. 0 3 6,019 Feet REPORT PRINTED ON...1/30/2024 3:45:30 PM © Riverside County GIs Legend City Boundaries World Street Map Notes 31 Bid Opening Date: 05/14/2024 Dune Palms Road Pavement Rehabilitation ATTACHMENT 2 City Project No. 2021-01 Engineer's Estimate - Base Bid Item Item Description Unit Quantity Unit Price Total Cost 1 Mobilization LS 1 $ 71,000.00 $ 71,000.00 2 Traffic Control LS 1 $ 40,000.00 $ 40,000.00 3 Dust Control LS 1 $ 20,000.00 $ 20,000.00 4 Sawcut, Remove, and Dispose of Existing SF 1,245 $ 8.00 $ 9,960.00 Sidewalk and Ramp 5 Sawcut, Remove, and Dispose of Existing LF 120 $ 46.00 $ 5,520.00 Concrete Curb and Gutter 6 Construct Sidewalk per City of La Quinta Sid. SF 120 $ 11.00 $ 1,320.00 No. 240 7 Construct Concrete Curb Ramp per City of La EA 2 $ 6,000.00 $ 12,000.00 Quinta Std. No. 250, Case A 8 Earthwork LS 1 $ 80,000.00 $ 80,000.00 9 Pulverize 12" of Road Section - Three Step SF 75,750 $ 0.60 $ 45,450.00 Process 10 Construct 4.5" Asphalt Concrete Over SF 75,750 $ 3.25 $ 246,187.50 Pulverized Base 11 2" Grind and Asphalt Concrete Overlay SF 78,070 $ 1.75 $ 136,622.50 Grade Parkway, Remove, Modify, and Replace 12 Landscape and Irrigation In Kind to Furthest LS 1 $ 8,000.00 $ 8,000.00 Extent Possible to Join Proposed Curb Ramp Salvage to City Existing Pull Box and Furnish 13 and Install New No. 6(T) Traffic Pull Box per EA 4 $ 1,100.00 $ 4,400.00 CALTRANS Std. Plan ES-813 14 Signing and Striping, Including All Incidentals LS 1 $ 100,000.00 $ 100,000.00 Sub -Total Base Bid: $ 780,460.00 AnnlTIVF Al TFRNATF RIA i Item Item Description Unit Quantity Unit Price Total Cost 1 Lower Water Valve to Grade per CVWD EA 16 $ 600.00 $ 9,600.00 Standards 2 Raise Water Valve to Grade per DVWD EA 16 $ 1,200.00 $ 19,200.00 Standards Sub -Total Additive Alternative No.1 Bid: $ 28,800.00 AnnITIVE ALTERNATE NO 2 Item Item Description Unit Quantity Unit Price Total Cost 1 Lower Sewer Manhole to Grade per CVWD EA 6 $ 1,300.00 $ 7,800.00 Standards 2 Raise Sewer Manhole to Grade per CVWD EA 6 $ 1,700.00 $ 10,200.00 Standards Sub -Total Additive Alternative No. 2 Bid: $ 18,000.00 Grand Total Base Bid Including Alternates No. 1 - 2 : $ 827,260.00 Additive Alternates No. 1 - 2 : $ 46,800.00 Base Bid Only $ 780,460.00 Miscalculations and rounding errors Vance Corporation Unit Price Total Cost $ 25,195.93 $ 25,195.93 $ 34,858.68 $ 34,858.68 $ 50,841.28 $ 50,841.28 $ 9.49 $ 11,815.05 $ 37.83 $ 4,539.60 $ 12.01 $ 1,441.20 $ 9,655.64 $ 19,311.28 $ 60,460.91 $ 60,460.91 $ 0.27 $ 20,452.50 $ 3.41 $ 258,307.50 $ 1.96 $ 153,017.20 $ 6,082.81 $ 6,082.81 $ 1,020.81 $ 4,083.24 $ 48,104.05 $ 48,104.05 $ 698,511.23 Unit Price Total Cost $ 690.55 $ 11,048.80 $ 1,321.04 $ 21,136.64 $ 32,185.44 Unit Price Total Cost $ 1,170.93 $ 7,025.58 $ 1,194.95 $ 7,169.70 Granite Construction Unit Price Total Cost $ 10,000.00 $ 10,000.00 $ 25,000.00 $ 25,000.00 $ 5,000.00 $ 5,000.00 $ 11.50 $ 14,317.50 $ 30.00 $ 3,600.00 $ 21.00 $ 2,520.00 $ 14,500.00 $ 29,000.00 $ 90,096.00 $ 90,096.00 $ 0.70 $ 53,025.00 $ 3.55 $ 268,912.50 $ 2.20 $ 171,754.00 $ 2,000.00 $ 2,000.00 $ 1,650.00 $ 6,600.00 $ 40,055.00 $ 40,055.00 $ 721,880.00 Unit Price Total Cost $ 575.00 $ 9,200.00 $ 1,100.00 $ 17,600.00 $ 26,800.00 Unit Price Total Cost $ 975.00 $ 5,850.00 $ 995.00 $ 5,970.00 Onyx Paving Company, Inc. Unit Price Total Cost $ 36,000.00 $ 36,000.00 $ 70,932.60 $ 70,932.60 $ 9,000.00 $ 9,000.00 $ 7.40 $ 9,213.00 $ 62.00 $ 7,440.00 $ 15.70 $ 1,884.00 $ 17,800.00 $ 35,600.00 $ 10,000.00 $ 10,000.00 $ 1.90 $ 143,925.00 $ 2.90 $ 219,675.00 $ 1.72 $ 134,280.40 $ 3,200.00 $ 3,200.00 $ 500.00 $ 2,000.00 $ 42,000.00 $ 42,000.00 $ 725,150.00 Unit Price Total Cost $ 600.00 $ 9,600.00 $ 1,150.00 $ 18,400.00 $ 28,000.00 Unit Price Total Cost $ 1,025.00 $ 6,150.00 $ 1,050.00 $ 6,300.00 ATP General Engineering Unit Price Total Cost $ 73,500.00 $ 73,500.00 $ 100,000.00 $ 100,000.00 $ 10,000.00 $ 10,000.00 $ 7.00 $ 8,715.00 $ 21.00 $ 2,520.00 $ 16.00 $ 1,920.00 $ 14,000.00 $ 28,000.00 $ 90,000.00 $ 90,000.00 $ 0.30 $ 22,725.00 $ 3.00 $ 227,250.00 $ 2.00 $ 156,140.00 $ 2,500.00 $ 2,500.00 $ 250.00 $ 1,000.00 $ 42,000.00 $ 42,000.00 $ 766,270.00 Unit Price Total Cost $ 550.00 $ 8,800.00 $ 1,100.00 $ 17,600.00 $ 26,400.00 Unit Price Total Cost $ 950.00 $ 5,700.00 $ 950.00 $ 5,700.00 Matich Corporation Unit Price Total Cost $ 154,000.00 $ 154,000.00 $ 54,000.00 $ 54,000.00 $ 6,500.00 $ 6,500.00 $ 3.74 $ 4,656.30 $ 17.00 $ 2,040.00 $ 13.00 $ 1,560.00 $ 14,800.00 $ 29,600.00 $ 38,600.00 $ 38,600.00 $ 0.94 $ 71,205.00 $ 2.80 $ 212,100.00 $ 1.70 $ 132,719.00 $ 4,900.00 $ 4,900.00 $ 1,930.00 $ 7,720.00 $ 56,000.00 $ 56,000.00 $ 775,600.30 Unit Price Total Cost $ 620.00 $ 9,920.00 $ 1,180.00 $ 18,880.00 $ 28,800.00 Unit Price Total Cost $ 1,050.00 $ 6,300.00 $ 1,070.00 $ 6,420.00 United Paving Company Unit Price Total Cost $ 36,950.00 $ 36,950.00 $ 58,058.00 $ 58,058.00 $ 71,000.00 $ 71,000.00 $ 8.77 $ 10,918.65 $ 30.50 $ 3,660.00 $ 20.50 $ 2,460.00 $ 12,730.00 $ 25,460.00 $ 48,457.00 $ 48,457.00 $ 1.15 $ 87,112.50 $ 3.41 $ 258,307.50 $ 2.08 $ 162,385.60 $ 17,755.00 $ 17,755.00 $ 10,469.00 $ 41,876.00 $ 40,539.00 $ 40,539.00 $ 864,939.25 Unit Price Total Cost $ 1,819.00 $ 29,104.00 $ 4,243.00 $ 67,888.00 $ 96,992.00 Unit Price Total Cost $ 3,031.00 $ 18,186.00 $ 5,819.00 $ 34,914.00 LCR Earthwork and Engineering Unit Price Total Cost $ 70,000.00 $ 70,000.00 $ 65,000.00 $ 65,000.00 $ 15,000.00 $ 15,000.00 $ 10.00 $ 12,450.00 $ 10.00 $ 1,200.00 $ 10.00 $ 1,200.00 $ 15,000.00 $ 30,000.00 $ 150,000.00 $ 150,000.00 $ 0.35 $ 26,512.50 $ 5.00 $ 378,750.00 $ 2.50 $ 195,175.00 $ 15,000.00 $ 15,000.00 $ 2,000.00 $ 8,000.00 $ 73,000.00 $ 73,000.00 1 $ 1,041,287.50 Unit Price Total Cost $ 900.00 $ 14,400.00 $ 950.00 $ 15,200.00 $ 29,600.00 Unit Price Total Cost $ 1,100.00 $ 6,600.00 $ 1,250.00 $ 7,500.00 $ 14,195.28 $ 11,820.00 $ 12,450.00 $ 11,400.00 $ 12,720.00 $ 53,100.00 $ 14,100.00 $ 744,891.95 $ 760,500.00 $ 765,600.00 $ 804,070.00 $ 817,120.30 $ 1,015,031.25 $ 1,084,987.50 $ 46,380.72 $ 38,620.00 $ 40,450.00 $ 37,800.00 $ 41,520.00 $ 150,092.00 $ 43,700.00 $ 698,511.23 $ 721,880.00 $ 725,150.00 $ 766,270.00 $ 775,600.30 $ 864,939.25 $ 1,041,287.50 CONSENT CALENDAR ITEM NO. 7 City of La Quinta CITY COUNCIL MEETING: May 21, 2024 STAFF REPORT AGENDA TITLE: APPROVE DEMAND REGISTERS DATED MAY 3 AND 10, 2024 RECOMMENDATION Approve demand registers dated May 3 and 10, 2024. EXECUTIVt SUIy11VIAKY — None FISCAL IMPACT Demand of Cash: City Successor Agency of RDA Housing Authority BACKGROUND/ANALYSIS $ 1,704,301.34 $ 2,030.00 $ 19,314.76 $ 1,725,646.10 Routine bills and payroll must be paid between Council meetings. Attachment 1 details the weekly demand registers for May 3, and May 10, 2024. Warrants Issued: 213743-213801 $ 232,738.18 EFT #141 $ 180.00 EFT #142-143 $ 291.66 213802-213877 $ 794,397.26 Wire Transfers $ 414,342.24 Payroll Direct Deposit $ 233,329.57 Payroll Tax Transfers $ 50,367.19 $ 1,725,646.10 33 Vendor Account Name Amount Purpose Conserve Landcare Construction $478,103.73 Cactus Flower Landscape Renovation Progress Payment PWLC II, Inc.0) Various $88,740.00 City Wide Landscape Maintenance Imperial Irrigation District(') Various $68,377.52 Electricity Service Madden Media Marketing $54,834.66 April Media Services BMO Financial Group Various $32,501.70 Bank Card Payment for City Departments' Operational (1)Payments were made 05/3/24 & 05/10/24 Wire Transfers: Ten transfers totaled $414,342. Of this amount, $200,774 was for Landmark and $191,914 was to CaIPERS (See Attachment 2 for a complete listing). Investment Transactions: Full details of investment transactions, as well as total holdings, are reported quarterly in the Treasurer's Report. Transaction Maturity Purchase Maturity Prepared by: Approved by: Attachments Issuer United States Treasury United States Treasury United States Treasury Type Par Value Settle Date Treasury Note $ 1,000,000.00 4/30/2024 Treasury Note $ 1,000,000.00 4/30/2024 T-Bill $ 1,000,000.00 5/2/2024 Jesse Batres, Finance Technician Rosemary Hallick, Principal Management Analyst 1. Demand Registers 2. Wire Transfers Coupon YTM Rate 2.500% 5.340% 2.875% 4.657% 0.000% 5.450% 34 ATTACHMENT 1 Demand Register City of La Quinta Packet: APPKT03793 - 05/03/2024 JB Vendor Name Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101-GENERAL FUND INDUSTRIAL HEALTH MEDICA... 213765 03/20/24 - DMV DOT RECERTIFICATION Consultants/Employee Servic... 101-1004-60104 80.00 FRANCHISE TAX BOARD 213758 GARNISHMENT Garnishments Payable 101-0000-20985 223.79 UNITED WAY OF THE DESERT 213793 CONTRIBUTION United Way Deductions 101-0000-20981 32.00 CHARTER COMMUNICATIONS- 213749 04/16-05/15/24 - FS #70 CABLE (1860) Cable/Internet - Utilities 101-2002-61400 48.25 CHARTER COMMUNICATIONS- 213749 04/16-05/15/24 - FS #32 CABLE (8152) Cable/Internet - Utilities 101-2002-61400 99.91 SOUTHWEST AQUATICS INC 213784 04/2024 - LAKE MAINTENANCE SERVICES Civic Center Lake Maintenan... 101-3005-60117 1,350.00 SOUTHWEST AQUATICS INC 213784 04/2024 - LAKE MAINTENANCE SERVICES SilverRock Lake Maintenance 101-3005-60189 1,350.00 CHARTER COMMUNICATIONS- 213749 04/03-05/02/24 - FS #32 INTERNET (351... Cable/Internet - Utilities 101-2002-61400 99.99 PVP COMMUNICATIONS INC 213778 COP MOTORCYCLE HELMETS Special Enforcement Funds 101-2001-60175 3,469.39 PROPER SOLUTIONS INC 213777 04/19/24 - TEMP AGENCY SVCS J.FERN... Temporary Agency Services 101-6004-60125 1,585.20 PROPER SOLUTIONS INC 213777 04/19/24 - TEMP AGENCY SERVICES R.I... Temporary Agency Services 101-1004-60125 1,707.60 JOE A GONSALVES & SON 213766 05/2024 LOBBYIST SERVICES Contract Services - Administr... 101-1002-60101 3,500.00 TPX COMMUNICATIONS 213790 03/23-04/22/24 - EOC PHONE LINE SERV.. Telephone - Utilities 101-2002-61300 1,798.74 VALLEY LOCK & SAFE 213794 DOOR LEVER Materials/Supplies 101-3008-60431 163.13 ALL PRO BEVERAGE INC 213743 COFFEE SUPPLIES FOR LOBBY MACHINE Citywide Supplies 101-1007-60403 415.35 NI GOVERNMENT SERVICES I... 213768 03/2024 SATELLITE PHONES Mobile/Cell Phones/Satellites 101-2002-61304 90.14 GORDON DALY 213760 TOT REFUND STVR # 243584 TBID Due to VGPS 101-0000-20303 207.97 GORDON DALY 213760 TOT REFUND STVR # 243584 TOT - Short Term Vac. Rentals 101-0000-41401 2,079.67 XPRESS GRAPHICS 213801 LARGE DRY ERASE CHECKS Printing 101-3007-60410 178.43 XPRESS GRAPHICS 213801 CUSTOM OFFICE FOLDERS (250) Printing 101-1006-60410 308.26 TALAMANTEZ, JESSE 213787 DEPOSIT REFUND Miscellaneous Deposits 101-0000-22830 100.00 TALAMANTEZ, JESSE 213787 PICKLEBALL COURT REFUND Miscellaneous Deposits 101-0000-22830 320.00 RUDY, LORI A 213781 ESSENTIAL FITNESS DI CLASSES Instructors 101-3002-60107 67.20 WILLIAMS, BILLEE 213800 MAT PILATES DI CLASSES Instructors 101-3002-60107 50.40 WILLIAMS, BILLEE 213800 YOGA FLOW CLASS Instructors 101-3002-60107 25.20 VIELHARBER, KAREN 213796 GENTLE YOGA TUESDAY DI CLASS Instructors 101-3002-60107 31.50 SHIRY, TERESA 213782 BALLROOM BEGINNING DI CLASSES Instructors 101-3002-60107 84.00 HEWETT, ATSUKO YAMANE 213761 DEEP STRETCH DI CLASSES Instructors 101-3002-60107 28.00 JENSEN, SHARLA W 141 1 DAY SESSION CLASS Instructors 101-3002-60107 48.00 JENSEN, SHARLA W 141 PERSONAL TRAINING 3 SESSIONS CLASS Instructors 101-3002-60107 132.00 ODP BUSINESS SOLUTIONS, L... 213770 PENS & CALENDARS Office Supplies 101-1002-60400 135.76 ODP BUSINESS SOLUTIONS, L... 213770 CITYWIDE COFFEE & CUPS Citywide Supplies 101-1007-60403 88.77 ODP BUSINESS SOLUTIONS, L... 213770 OFFICE SUPPLIES Office Supplies 101-6004-60400 127.27 SOUTH COAST AIR QUALITY ... 213783 03/19/24 WC GENERATOR PERMIT FEE ... Annual Permits/Inspections 101-3008-60196 504.91 SOUTH COAST AIR QUALITY ... 213783 03/19/24 WC GENERATOR EMISSIONS F... Annual Permits/Inspections 101-3008-60196 160.35 STAPLES ADVANTAGE 213786 PENS Office Supplies 101-3002-60400 12.32 STAPLES ADVANTAGE 213786 OFFICE SUPPLIES Office Supplies 101-3002-60400 280.72 STAPLES ADVANTAGE 213786 PENS Office Supplies 101-3002-60400 15.20 STAPLES ADVANTAGE 213786 NEW CHAIRS FOR FS # 93 Furniture 101-2002-71021 1,054.79 STAPLES ADVANTAGE 213786 TABS & CLIPBOARD Office Supplies 101-3005-60400 45.86 STAPLES ADVANTAGE 213786 OFFICE SUPPLIES Office Supplies 101-1005-60400 149.24 STAPLES ADVANTAGE 213786 BUSINESS CARD HOLDERS & PAPER PLA... Office Supplies 101-7001-60400 34.23 STAPLES ADVANTAGE 213786 OFFICE SUPPLIES Office Supplies 101-7001-60400 60.42 DEPARTMENT OF JUSTICE 213754 03/2024 - BLOOD ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 175.00 AMERICAN FORENSIC NURSE... 213745 BLOOD ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 1,196.00 AMERICAN FORENSIC NURSE... 213745 BLOOD ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 598.00 AMERICAN FORENSIC NURSE... 213745 BLOOD ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 140.00 HIGH TECH IRRIGATION INC 213762 PVC PIPES (1000) Materials/Supplies 101-3005-60431 461.10 PATTON DOOR & GATE 213773 FS #70 GATE REPAIR Maintenance/Services 101-2002-60691 300.00 PWLC II, INC 213779 03/2024 - L&L MONTHLY MAINTENANCE Landscape Contract 101-2002-60112 1,616.00 VERIZON WIRELESS 213795 03/14-04/13/24 - EOC CELL (7813) Mobile/Cell Phones/Satellites 101-2002-61304 207.76 PECINA, DEMETRIO 213774 FY 23/24 ANNUAL WELLNESS DOLLARS ... Annual Wellness Dollar Reim... 101-1004-50252 200.00 VISIT GREATER PALM SPRINGS 213797 2024 RESTAURANT WEEK SPONSORSHIP Sponsorships/Advertising 101-3007-60450 3,500.00 5/13/2024 3:07:42 PM Page 1 of 5 35 Demand Register Vendor Name Payment Number Description (Item) Packet: APPKT03793 - 05/03/2024 JB Account Name Account Number Amount IMPERIAL IRRIGATION DIST 213764 ELECTRICITY SERVICE Electricity - Utilities 101-2002-61101 1,390.08 IMPERIAL IRRIGATION DIST 213764 ELECTRICITY SERVICE Electric - Civic Center Park - U.. 101-3005-61103 4,606.40 IMPERIAL IRRIGATION DIST 213764 ELECTRICITY SERVICE Electric - Fritz Burns Park - Uti.. 101-3005-61105 1,978.76 IMPERIAL IRRIGATION DIST 213764 ELECTRICITY SERVICE Electricity - Utilities 101-3008-61101 20,555.30 PACIFIC WEST AIR CONDITIO... 213772 EMERGENCY COUNCIL CHAMBERS HVAC.. HVAC 101-3008-60667 8,479.02 PACIFIC WEST AIR CONDITIO... 213772 4/1/24 CH WATER TREATMENT HVAC 101-3008-60667 125.00 COUNTY OF RIVERSIDE 213752 6/1/24-5/31/25 FB POOL HEALTH PERM... Prepaid Expense 101-0000-13600 844.00 HUMANITY 213763 04/22-07/09/24 - HUMANITY SUBSCRIPT.. Operating Supplies 101-3002-60420 99.63 CALIFORNIA PARK & RECREA... 213748 7/1/24-6/30/25 - CPRS MEMBERSHIP 1.... Membership Dues 101-3005-60351 145.00 DISH NETWORK 213757 04/22-05/21/24 - EOC CABLE Cable/Internet - Utilities 101-2002-61400 106.71 OCEAN SPRINGS TECH INC 213769 FB POOL ROLA-CHEM TUBING Fritz Burns Pool Maintenance 101-3005-60184 107.14 IMPERIAL IRRIGATION DIST 213764 ELECTRICITY SERVICE Electric - SilverRock Event Sit... 101-3005-61115 1,801.71 COACHELLA VALLEY WATER D.. 213751 WATER SERVICE Water -Fritz Burns Park - Utili... 101-3005-61204 1,619.31 COACHELLA VALLEY WATER D.. 213751 WATER SERVICE Water - Utilities 101-3008-61200 561.36 WILKINSON BARNESON INSU... 213798 BUSINESS LICENSE REFUND LIC-0101844 Business Licenses 101-0000-41600 66.00 ROADPOST USA INC. 213780 04/23-05/22/24 - EOC SATELLITE PHON... Mobile/Cell Phones/Satellites 101-2002-61304 203.91 THE HOME DEPOT 213788 PERMIT REFUND BRES2023-0004 Electrical Permits 101-0000-42403 58.82 Fund 101- GENERAL FUND Total: 73,485.97 Fund: 201- GAS TAX FUND TOPS' N BARRICADES INC 213789 TRAFFIC CONTROL SIGNS Traffic Control Signs 201-7003-60429 147.90 IMPERIAL IRRIGATION DIST 213764 ELECTRICITY SERVICE Electricity - Utilities 201-7003-61101 1,069.70 Fund 201- GAS TAX FUND Total: 1,217.60 Fund: 202 - LIBRARY & MUSEUM FUND IMPERIAL IRRIGATION DIST 213764 ELECTRICITY SERVICE Electricity - Utilities 202-3004-61101 4,463.52 IMPERIAL IRRIGATION DIST 213764 ELECTRICITY SERVICE Electricity - Utilities 202-3006-61101 1,258.67 PACIFIC WEST AIR CONDITIO... 213772 4/1/24 LIBRARY WATER TREATMENT HVAC 202-3004-60667 125.00 Fund 202 - LIBRARY & MUSEUM FUND Total: 5,847.19 Fund: 215 - LIGHTING & LANDSCAPING FUND STAPLES ADVANTAGE 213786 OFFICE SUPPLIES Operating Supplies 215-7004-60420 214.76 PWLC II, INC 213779 03/2024 - L&L MONTHLY MAINTENANCE Landscape Contract 215-7004-60112 62,674.00 PWLC II, INC 213779 4/15-4/17/24 PLANT REPLACEMENT AVE.. Maintenance/Services 215-7004-60691 4,800.00 PWLC II, INC 213779 4/17/24 PLANT REPLACEMENT FRED W... Maintenance/Services 215-7004-60691 1,600.00 PWLC II, INC 213779 PALM TREE REMOVAL Tree Maintenance/Palm Trees 215-7004-60673 3,900.00 PWLC II, INC 213779 TREE AND STUMP REMOVAL Maintenance/Services 215-7004-60691 2,950.00 PWLC II, INC 213779 4/22-4/24/24 PLANT REPLACEMENT AV... Maintenance/Services 215-7004-60691 5,760.00 PWLC II, INC 213779 4/25-4/26/24 PLANT REPLACEMENT PI... Maintenance/Services 215-7004-60691 3,840.00 FRONTIER COMMUNICATIO... 213759 04/10-05/09/24 - PHONE SVC Electric - Utilities 215-7004-61116 42.24 IMPERIAL IRRIGATION DIST 213764 ELECTRICITY SERVICE Electric - Utilities 215-7004-61116 2,920.03 IMPERIAL IRRIGATION DIST 213764 ELECTRICITY SERVICE Electric - Medians - Utilities 215-7004-61117 1,890.17 COACHELLA VALLEY WATER D.. 213751 WATER SERVICE Water - Medians - Utilities 215-7004-61211 3,865.72 DESERT ELECTRIC SUPPLY 213756 LIGHT BULBS (48) Maintenance/Services 215-7004-60691 3,888.83 IMPERIAL IRRIGATION DIST 213764 ELECTRICITY SERVICE Electric - Utilities 215-7004-61116 172.69 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 98,518.44 Fund: 221 - AB 939 - CALRECYCLE FUND DESERT ARC 213755 4/20/24 - CH EWASTE EVENT AB 939 Recycling Solutions 221-0000-60127 1,683.75 ALPHA MEDIA LLC 213744 04/2024 RECYCLING RADIO ADS 106.9 T... AB 939 Recycling Solutions 221-0000-60127 540.00 Fund 221- AB 939 - CALRECYCLE FUND Total: 2,223.75 Fund: 230 - CASp FUND, AB 1379 WILKINSON BARNESON INSU... 213798 BUSINESS LICENSE REFUND LIC-0101844 SB 1186 Revenue 230-0000-42130 4.00 Fund 230 - CASp FUND, AB 1379 Total: 4.00 Fund: 235 - SO COAST AIR QUALITY FUND IMPERIAL IRRIGATION DIST 213764 ELECTRICITY SERVICE Electricity -Utilities 235-0000-61101 3,354.80 Fund 235 - SO COAST AIR QUALITY FUND Total: 3,354.80 Fund: 237 - SUCCESSOR AGCY PA 1 ADMIN WILLDAN FINANCIAL SERVIC... 213799 FY 22/23 CONTINUING BOND DISCLOSU... Consultants 237-9001-60104 2,030.00 Fund 237 - SUCCESSOR AGCY PA 1 ADMIN Total: 2,030.00 Fund: 401- CAPITAL IMPROVEMENT PROGRAMS ST. FRANCIS ELECTRIC, LLC 213785 03/2024 ONCALL TRAFFIC SIGNAL MAIN... Construction 401-0000-60188 2,148.00 5/13/2024 3:07:42 PM 36 Page 2 of 5 Demand Register Packet: APPKT03793 - 05/03/2024 JB Vendor Name Payment Number Description (Item) PLANIT REPROGRAPHICS SYS... 213775 PMP SLURRY SEAL IMPROVEMENTS BID.. PLANIT REPROGRAPHICS SYS... 213775 PALMS PAVEMENT REHAB BID AD/DOCS Fund: 501- FACILITY & FLEET REPLACEMENT DANIEL'S TIRE SERVICE, INC. 213753 PLAZA TOWING 213776 AUTOZONE 213746 AUTOZONE 213746 AUTOZONE 213746 BMW MOTORCYCLES OF RIV... 213747 CHEVROLET CADILLAC 213750 CHEVROLET CADILLAC 213750 PACIFIC MOBILE STRUCTURES.. 213771 Fund: 502 - INFORMATION TECHNOLOGY CHARTER COMMUNICATIONS- 213749 TYLERTECH NOLOGIES 213792 CHARTER COMMUNICATIONS- 213749 CHARTER COMMUNICATIONS- 213749 TPX COMMUNICATIONS 213790 TRITON TECHNOLOGY SOLUT... 213791 TRITON TECHNOLOGY SOLUT... 213791 Fund: 504 - INSURANCE FUND STAPLES ADVANTAGE 213786 Fund: 601- SILVERROCK RESORT JOHNSTONE SUPPLY 213767 Account Name Account Number Amount Construction 401-0000-60188 91.85 Construction 401-0000-60188 71.02 Fund 401- CAPITAL IMPROVEMENT PROGRAMS Total: 2,310.87 22 CHEVY COLORADO VIN N1128792 OIL.. Vehicle Repair & Maintenan... 501-0000-60676 17 CHEVY SILVERADO VIN #Z176783 T... Vehicle Repair & Maintenan... 501-0000-60676 AIR FILTERS Parts, Accessories, and Upfits 501-0000-60675 TRUCK ANTENNA Parts, Accessories, and Upfits 501-0000-60675 VEHICLE SUPPLIES Parts, Accessories, and Upfits 501-0000-60675 MOTORCYCLE REPAIRS A1154 Motorcycle Repair & Mainte... 501-0000-60679 17 CHEVY SILVERADO VIN Z176783 REPA.. Vehicle Repair & Maintenan... 501-0000-60676 18 CHEVY SILVERADO VIN Z252560 REPA.. Vehicle Repair & Maintenan... 501-0000-60676 05/2024 - PW TRAILER RENTAL Building Leases 501-0000-71032 Fund 501- FACILITY & FLEET REPLACEMENT Total: 88.93 150.00 37.17 29.53 34.91 736.49 1,509.83 1,171.40 3,088.51 6,846.77 03/15-04/14/24 - WC CABLE (8105) Cable/Internet - Utilities 502-0000-61400 166.60 PCI SERVICE FEE Software Licenses 502-0000-60301 360.00 04/10-05/09/24 - CH INTERNET (2546) Cable/Internet - Utilities 502-0000-61400 2,079.00 04/12-05/11/24 - CITY YARD CABLE (408... Cable/Internet - Utilities 502-0000-61400 82.07 03/23-04/22/24 - PHONE LINE SERVICE Telephone - Utilities 502-0000-61300 3,798.66 CABLECAST PUBLIC MEETING RECORD, ... Maintenance Agreements 502-0000-60300 8,111.00 CABLECAST PUBLIC MEETING RECORD, ... Machinery & Equipment 502-0000-80100 22,365.39 Fund 502 - INFORMATION TECHNOLOGY Total: 36,962.72 FOOT SUPPORT Operating Supplies 504-1010-60420 43.82 Fund 504 - INSURANCE FUND Total: 43.82 FAN BLADES Repair & Maintenance 601-0000-60660 72.25 Fund 601 - SILVERROCK RESORT Total: 72.25 Grand Total: 232,918.18 5/13/2024 3:07:42 PM 37 Page 3 of 5 Demand Register Packet: APPKT03793 - 05/03/2024 JB Fund Summary Fund 101-GENERAL FUND 201- GAS TAX FUND 202 - LIBRARY & MUSEUM FUND 215 - LIGHTING & LANDSCAPING FUND 221- AB 939 - CALRECYCLE FUND 230 - CASp FUND, AB 1379 235 - SO COAST AIR QUALITY FUND 237 - SUCCESSOR AGCY PA 1 ADMIN 401- CAPITAL IMPROVEMENT PROGRAMS 501- FACILITY & FLEET REPLACEMENT 502 - INFORMATION TECHNOLOGY 504 - INSURANCE FUND 601- SILVERROCK RESORT Account Number 101-0000-13600 101-0000-20303 101-0000-20981 101-0000-20985 101-0000-22830 101-0000-41401 101-0000-41600 101-0000-42403 101-1002-60101 101-1002-60400 101-1004-50252 101-1004-60104 101-1004-60125 101-1005-60400 101-1006-60410 101-1007-60403 101-2001-60174 101-2001-60175 101-2002-60112 101-2002-60691 101-2002-61101 101-2002-61300 101-2002-61304 101-2002-61400 101-2002-71021 101-3002-60107 101-3002-60400 101-3002-60420 101-3005-60117 101-3005-60184 101-3005-60189 101-3005-60351 101-3005-60400 101-3005-60431 101-3005-61103 101-3005-61105 101-3005-61115 101-3005-61204 101-3007-60410 101-3007-60450 101-3008-60196 101-3008-60431 Grand Total: Account Summary Account Name Prepaid Expense TBID Due to VGPS United Way Deductions Garnishments Payable Miscellaneous Deposits TOT - Short Term Vac. R... Business Licenses Electrical Permits Contract Services - Admi... Office Supplies Annual Wellness Dollar ... Consultants/Employee 5... Temporary Agency Servi... Office Supplies Printing Citywide Supplies Blood/Alcohol Testing Special Enforcement Fu... Landscape Contract Maintenance/Services Electricity - Utilities Telephone - Utilities Mobile/Cell Phones/Sate... Cable/Internet - Utilities Furniture Instructors Office Supplies Operating Supplies Civic Center Lake Maint... Fritz Burns Pool Mainten... SilverRock Lake Mainten... Membership Dues Office Supplies Materials/Supplies Electric - Civic Center Pa... Electric - Fritz Burns Park... Electric - SilverRock Even... Water -Fritz Burns Park-... Printing Sponsorships/Advertising Annual Permits/Inspecti... Materials/Supplies Expense Amount 73,485.97 1,217.60 5,847.19 98,518.44 2,223.75 4.00 3,354.80 2,030.00 2,310.87 6,846.77 36,962.72 43.82 72.25 232,918.18 Expense Amount 844.00 207.97 32.00 223.79 420.00 2,079.67 66.00 58.82 3,500.00 135.76 200.00 80.00 1,707.60 149.24 308.26 504.12 2,109.00 3,469.39 1,616.00 300.00 1,390.08 1,798.74 501.81 354.86 1,054.79 466.30 308.24 99.63 1,350.00 107.14 1,350.00 145.00 45.86 461.10 4,606.40 1,978.76 1,801.71 1,619.31 178.43 3,500.00 665.26 163.13 5/13/2024 3:07:42 PM 38 Page 4 of 5 Demand Register Packet: APPKT03793 - 05/03/2024 JB Account Summary Account Number Account Name Expense Amount 101-3008-60667 HVAC 8,604.02 101-3008-61101 Electricity - Utilities 20,555.30 101-3008-61200 Water - Utilities 561.36 101-6004-60125 Temporary Agency Servi... 1,585.20 101-6004-60400 Office Supplies 127.27 101-7001-60400 Office Supplies 94.65 201-7003-60429 Traffic Control Signs 147.90 201-7003-61101 Electricity - Utilities 1,069.70 202-3004-60667 HVAC 125.00 202-3004-61101 Electricity - Utilities 4,463.52 202-3006-61101 Electricity - Utilities 1,258.67 215-7004-60112 Landscape Contract 62,674.00 215-7004-60420 Operating Supplies 214.76 215-7004-60673 Tree Maintenance/Palm ... 3,900.00 215-7004-60691 Maintenance/Services 22,838.83 215-7004-61116 Electric - Utilities 3,134.96 215-7004-61117 Electric - Medians - Utilit... 1,890.17 215-7004-61211 Water - Medians - Utiliti... 3,865.72 221-0000-60127 AB 939 Recycling Solutio... 2,223.75 230-0000-42130 5B 1186 Revenue 4.00 235-0000-61101 Electricity - Utilities 3,354.80 237-9001-60104 Consultants 2,030.00 401-0000-60188 Construction 2,310.87 501-0000-60675 Parts, Accessories, and ... 101.61 501-0000-60676 Vehicle Repair & Maint... 2,920.16 501-0000-60679 Motorcycle Repair & Ma... 736.49 501-0000-71032 Building Leases 3,088.51 502-0000-60300 Maintenance Agreements 8,111.00 502-0000-60301 Software Licenses 360.00 502-0000-61300 Telephone - Utilities 3,798.66 502-0000-61400 Cable/Internet - Utilities 2,327.67 502-0000-80100 Machinery & Equipment 22,365.39 504-1010-60420 Operating Supplies 43.82 601-0000-60660 Repair & Maintenance 72.25 Grand Total: 232,918.18 Project Account Summary Project Account Key Project Account Name Project Name Expense Amount **None** **None** **None** 210,718.48 201804E Landscape & Lighting Median Islan... Landscape & Lighting Median Islz 19,888.83 202101CT Construction Expense Dune Palms Rd Pavement Rehab- 71.02 202316CT Construction Expense FY23/24 Pavement Management 91.85 2324TMICT Construction Expense FY23/24Traffic Maintenance Imf 2,148.00 Grand Total: 232,918.18 *Project codes are generally used to track Capital Improvement Program (CIP) projects, other large public works projects, developer deposits, or city-wide events. Normal operational expenditures are not project coded and, therefore, will report as "none" in this section. 5/13/2024 3:07:42 PM 39 Page 5 of 5 Demand Register City of La Quinta Packet: APPKT03801 - 05/10/2024 JB Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101-GENERAL FUND TOTAL CARE WORK INJURY C... 213865 4/9/24 - PRE EMPLOYMENT PHYSICAL Recruiting/Pre-Employment 101-1004-60129 90.00 WILLDAN 213874 03/2024 - RECERTIFY 14 STREET SEGME... Contract Traffic Engineer 101-7006-60144 235.00 SAFECHECKS 213856 AP CHECK STOCK 33001-35000 Printing 101-1006-60410 688.04 TRI-STATE MATERIALS INC 213867 BASE ROCK FOR BEAR CREEK TRIAL Materials/Supplies 101-3005-60431 142.73 POWERS AWARDS INC 213849 COUNCIL NAME PLATE 1.PENA Office Supplies 101-1002-60400 34.48 PROPER SOLUTIONS INC 213851 04/26/24 - TEMP AGENCY SERVICES R.I... Temporary Agency Services 101-1004-60125 1,707.60 DECKARD TECHNOLOGIES, I... 213822 05/2024 - RENTALSCAPE Professional Services 101-1005-60103 3,750.00 INTERWEST CONSULTING G... 213837 11/2023 - ONCALL PLANNING SERVICE Professional Services 101-6002-60103 697.50 HR GREEN PACIFIC INC 213833 03/2024 - ONCALL PLAN CHECK SVCS E... Map/Plan Checking 101-7002-60183 4,921.50 TPX COMMUNICATIONS 213866 04/23-05/22/24 - EOC PHONE LINE SERV.. Telephone - Utilities 101-2002-61300 1,804.66 MCDOWELL AWARDS 213843 CITY BOARDS & COMMISSIONS NAME P... Operating Supplies 101-3003-60420 92.44 MADDEN MEDIA 213842 04/2024 - MEDIA SERVICES Marketing & Tourism Promot.. 101-3007-60461 54,834.66 VERITAS TECHNOLOGIES LLC 213871 03/2024 - DATA BACK UP FOR LASERFIC... Professional Services 101-1005-60103 1,058.17 DESERT CONCEPTS CONSTR... 213824 ADAMS PARK SHADE STRUCTURE REMO... Maintenance/Services 101-3005-60691 5,800.00 PARTY PALS 213847 4/27/24 CITY BDAY EVENT ATTRACTIONS Community Experiences 101-3003-60149 7,550.00 LH PRODUCTIONS 213839 4/27/24 - CITY BDAY EVENT AV SERVICES Community Experiences 101-3003-60149 2,211.44 STAPLES ADVANTAGE 213861 CITY WIDE PRINTING PAPER Forms, Copier Paper 101-1007-60402 599.34 SMART & FINAL 213858 OPERATING SUPPLIES Operating Supplies 101-3002-60420 159.18 ODP BUSINESS SOLUTIONS, L... 213846 OFFICE SUPPLIES Operating Supplies 101-6006-60420 181.36 DESERT RECREATION DISTRI... 213825 03/2024 - FB POOL OPERATIONS & PRO... Fritz Burns Pool Programming 101-3003-60184 5,896.53 SMITH PIPE & SUPPLY CO 213859 IRRIGATION TOOLS Tools/Equipment 101-3005-60432 333.68 BIO-TOX LABORATORIES 213807 BLOOD ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 464.60 RASA/ERIC NELSON 213854 LLA 2024-0001 ONCALL MAP CHECKING ... Map/Plan Checking 101-7002-60183 780.00 RASA/ERIC NELSON 213854 LLA 2024-0001 ONCALL MAP CHECKING ... Map/Plan Checking 101-7002-60183 420.00 STAPLES ADVANTAGE 213861 CITY WIDE PRINTING PAPER Forms, Copier Paper 101-1007-60402 524.43 STAPLES ADVANTAGE 213861 OFFICE SUPPLIES Office Supplies 101-3002-60400 75.22 STAPLES ADVANTAGE 213861 OFFICE SUPPLIES Office Supplies 101-3005-60400 44.59 WOOD, RUSSELL DAVID 213875 POLICE TOW LA240570005 Sheriff - Other 101-2001-60176 185.00 WOOD, RUSSELL DAVID 213875 POLICE TOW LA240880003 Sheriff - Other 101-2001-60176 370.00 WOOD, RUSSELL DAVID 213875 POLICE TOW LA241070084 Sheriff - Other 101-2001-60176 277.00 SOUTHWEST BOULDER & ST... 213860 LANDSCAPE BOULDERS Materials/Supplies 101-3005-60431 1,918.04 HIGH TECH IRRIGATION INC 213831 IRRIGATION PARTS FOR BEAR CREEK TRA.. Materials/Supplies 101-3005-60431 1,705.38 CITY OF PALM SPRINGS 213816 4/17/24 - NINE CITIES VENDOR FAIR BA... Community Engagement 101-1006-60137 324.00 INTERWEST CONSULTING G... 213837 11/2023 - ONCALL PLANNING SERVICES Professional Services 101-6002-60103 542.50 T-MOBILE 213863 TIMING ADVANCE LA240570006 Special Enforcement Funds 101-2001-60175 25.00 T-MOBILE 213863 TIMING ADVANCE LA240660003 Special Enforcement Funds 101-2001-60175 50.00 T-MOBILE 213863 TIMING ADVANCE LA240660003 Special Enforcement Funds 101-2001-60175 50.00 MACIAS NURSERY, INC. 213841 PLANTS Materials/Supplies 101-3005-60431 230.31 DEPARTMENT OF ANIMAL SE... 213823 03/2024 - ANIMAL SERVICES Animal Shelter Contract Servi... 101-6004-60197 26,920.23 RADEVA, MONIKA 143 4/22-4/25/24 LASERFICHE EMPOWER M... Travel & Training 101-1005-60320 181.36 BMO FINANCIAL GROUP 213808 LSL TRAINING K.BLONDELL Travel & Training 101-1006-60320 95.00 BMO FINANCIAL GROUP 213808 GYM EQUIPMENT FS #70 Materials/Supplies 101-2002-60431 2,850.78 BMO FINANCIAL GROUP 213808 TABLES FOR FS #70 Furniture 101-2002-71021 543.70 BMO FINANCIAL GROUP 213808 TABLES FOR FS #32 Furniture 101-2002-71021 762.21 BMO FINANCIAL GROUP 213808 WC LUNCHEON Operating Supplies 101-3002-60420 407.81 BMO FINANCIAL GROUP 213808 FUEGO MASCOT Community Experiences 101-3003-60149 300.00 BMO FINANCIAL GROUP 213808 05/2024 APWA LUNCHEON Travel & Training 101-7001-60320 99.74 BMO FINANCIAL GROUP 213808 05/2024 APWA LUNCHEON Travel & Training 101-7006-60320 44.52 BMO FINANCIAL GROUP 213808 JOB POSTING CODE OFFICER Recruiting/Pre-Employment 101-1004-60129 169.00 BMO FINANCIAL GROUP 213808 CJPIA TRAINING SNACKS Travel & Training 101-1004-60320 159.12 BMO FINANCIAL GROUP 213808 CJPIA HAZWOPER BREAKFAST Travel & Training 101-1004-60320 224.85 BMO FINANCIAL GROUP 213808 CJPIATRAINING LUNCH Travel & Training 101-1004-60320 265.96 BMO FINANCIAL GROUP 213808 MUSIC PERFORMANCE LICENSE Community Experiences 101-3003-60149 1,193.78 5/13/2024 3:07:10 PM Page 1 of 8 40 Demand Register Packet: APPKT03801- 05/10/2024 JB Vendor Name Payment Number Description (Item) Account Name Account Number Amount BMO FINANCIAL GROUP 213808 COOKIES FOR CITY BDAY EVENT Community Experiences 101-3003-60149 2,844.00 BMO FINANCIAL GROUP 213808 PRE EMPLOYMENT SITE SET UP FEE Recruiting/Pre-Employment 101-1004-60129 19.95 BMO FINANCIAL GROUP 213808 CJPIA SES PART 3 LUNCH Travel & Training 101-1004-60320 715.43 BMO FINANCIAL GROUP 213808 OFFICE SUPPLIES Office Supplies 101-1004-60400 63.95 BMO FINANCIAL GROUP 213808 ERGONOMIC MOUSE PAD Operating Supplies 101-1004-60420 7.60 BMO FINANCIAL GROUP 213808 BULLETIN BOARD Office Supplies 101-1005-60400 430.64 BMO FINANCIAL GROUP 213808 4/17/24 NINE CITIES VENDOR FAIR LUN... Community Engagement 101-1006-60137 149.77 BMO FINANCIAL GROUP 213808 BAG/BRIEFCASE FOR FAC ITEMS Office Supplies 101-1006-60400 26.09 BMO FINANCIAL GROUP 213808 TABLE FOR J.DELGADO Office Supplies 101-1006-60400 96.89 BMO FINANCIAL GROUP 213808 CUBICLE INBOX HOOKS J.DELGADO Office Supplies 101-1006-60400 6.51 BMO FINANCIAL GROUP 213808 FAC MEETING PORTABLE FILE FOLDER Office Supplies 101-1006-60400 41.31 BMO FINANCIAL GROUP 213808 CUBICLE INBOX J.DELGALDO Office Supplies 101-1006-60400 15.36 BMO FINANCIAL GROUP 213808 TABLE FOR J.DELGADO Office Supplies 101-1006-60400 89.18 BMO FINANCIAL GROUP 213808 CUBICLE SHELF & WALL HOOK Office Supplies 101-1006-60400 26.73 BMO FINANCIAL GROUP 213808 CITY WIDE DISPOSABLE CUPS Citywide Supplies 101-1007-60403 81.56 BMO FINANCIAL GROUP 213808 CASE OF SPRAY BOTTLES Operating Supplies 101-3002-60420 49.49 BMO FINANCIAL GROUP 213808 WC CLEANING SUPPLIES Operating Supplies 101-3002-60420 233.74 BMO FINANCIAL GROUP 213808 STORAGE TOTE Community Experiences 101-3003-60149 31.53 BMO FINANCIAL GROUP 213808 PEOPLE COUNTER FOR FB DOG PARK Operating Supplies 101-3003-60420 216.41 BMO FINANCIAL GROUP 213808 FB POOL PARTS Fritz Burns Pool Maintenance 101-3005-60184 701.26 BMO FINANCIAL GROUP 213808 FB POOL PARTS Fritz Burns Pool Maintenance 101-3005-60184 357.24 BMO FINANCIAL GROUP 213808 FB POOL PARTS Fritz Burns Pool Maintenance 101-3005-60184 357.79 BMO FINANCIAL GROUP 213808 TENNIS CENTER NET STRAPS Materials/Supplies 101-3005-60431 108.72 BMO FINANCIAL GROUP 213808 BASKETBALL NETS Materials/Supplies 101-3005-60431 28.16 BMO FINANCIAL GROUP 213808 PEOPLE COUNTER Tools/Equipment 101-3005-60432 428.48 BMO FINANCIAL GROUP 213808 05/2024 - APPLE/MUSIC/STORAGE Membership Dues 101-3007-60351 25.95 BMO FINANCIAL GROUP 213808 04/2024 - MAILCHIMP Membership Dues 101-3007-60351 219.00 BMO FINANCIAL GROUP 213808 TREAT BAGS Operating Supplies 101-3007-60420 20.62 BMO FINANCIAL GROUP 213808 SOAP DISPENSERS Materials/Supplies 101-3008-60431 130.44 BMO FINANCIAL GROUP 213808 RECHARGEABLE WALL LIGHTS Operating Supplies 101-6001-60420 59.90 BMO FINANCIAL GROUP 213808 FLOOR MAT Operating Supplies 101-6006-60420 34.63 BMO FINANCIAL GROUP 213808 ACEC PLANNING BOOKS Subscriptions & Publications 101-6001-60352 100.44 BMO FINANCIAL GROUP 213808 ACEC PLANNING BOOKS Subscriptions & Publications 101-6001-60352 401.79 BMO FINANCIAL GROUP 213808 ZONING MAP BOARD XL Printing 101-6001-60410 104.39 BMO FINANCIAL GROUP 213808 ZONING MAP POSTERS Printing 101-6001-60410 191.36 BMO FINANCIAL GROUP 213808 WORKING LUNCH TERRA NOVA SOI SCO... Travel & Training 101-6002-60320 55.84 BMO FINANCIAL GROUP 213808 APA WEBINAR TRAINING Travel & Training 101-6002-60320 92.55 BMO FINANCIAL GROUP 213808 CEQA TRAINING S.FERNANDEZ Travel & Training 101-6002-60320 508.61 BMO FINANCIAL GROUP 213808 DEAL WITH EMPLOYEES TRAINING Travel & Training 101-6006-60320 290.00 BMO FINANCIAL GROUP 213808 MMASC MEMBERSHIP G.VILLALPANDO Membership Dues 101-1002-60351 125.00 BMO FINANCIAL GROUP 213808 ICMA MEMEBERSHIP G.VILLALPANDO Membership Dues 101-1002-60351 200.00 BMO FINANCIAL GROUP 213808 SHOP LOCAL WINDOW CLINGS Promotional Items 101-3007-60134 59.81 BMO FINANCIAL GROUP 213808 SHOP LOCAL NOTEBOOKS Promotional Items 101-3007-60134 1,697.87 BMO FINANCIAL GROUP 213808 SUCCULENTS FOR CITY PICNIC Community Engagement 101-3007-60137 16.27 BMO FINANCIAL GROUP 213808 CITY PICNIC BOOTH SUPPLIES Community Engagement 101-3007-60137 2,981.25 BMO FINANCIAL GROUP 213808 CAPIO TRAINING M.GRAHAM Travel & Training 101-3007-60320 675.00 BMO FINANCIAL GROUP 213808 CAPIO TRAINING L.REYES Travel & Training 101-3007-60320 825.00 BMO FINANCIAL GROUP 213808 12 WATER BOTTLE CASES Community Experiences 101-3003-60149 155.88 BMO FINANCIAL GROUP 213808 LEAGUE DIVISION MEETING D.MCGARR... Travel & Training 101-1001-60320 65.00 BMO FINANCIAL GROUP 213808 COUNCIL MEETING DINNER Travel & Training 101-1001-60320 194.80 BMO FINANCIAL GROUP 213808 LEAGUE SUMMIT REFUND L.EVANS Travel & Training 101-1001-60320 -575.00 BMO FINANCIAL GROUP 213808 LEAGUE SUMMIT HOTEL S.SANCHEZ Travel & Training 101-1001-60320 267.19 BMO FINANCIAL GROUP 213808 BUILDING ASSOCIATION 1.PENA Travel & Training 101-1001-60320 155.00 BMO FINANCIAL GROUP 213808 COUNCIL MEETING SNACKS Travel & Training 101-1001-60320 35.84 BMO FINANCIAL GROUP 213808 LEAGUE DIVISION MEETING S.SANCHEZ Travel & Training 101-1001-60320 65.00 BMO FINANCIAL GROUP 213808 COUNCIL MEETING DINNER Travel & Training 101-1001-60320 146.95 BMO FINANCIAL GROUP 213808 FLIGHT TO LEAGUE S.SANCHEZ Travel & Training 101-1001-60320 208.60 BMO FINANCIAL GROUP 213808 LEAGUE DIVISION MEETING K.FITZPATRI... Travel & Training 101-1001-60320 65.00 BMO FINANCIAL GROUP 213808 CV LEADERSHIP LUNCH L.EVANS Travel & Training 101-1001-60320 45.00 BMO FINANCIAL GROUP 213808 CV LEADERSHIP LUNCH J.PENA Travel & Training 101-1001-60320 45.00 5/13/2024 3:07:10 PM Page 2 of 8 41 Demand Register Packet: APPKT03801- 05/10/2024 JB Vendor Name Payment Number Description (Item) Account Name Account Number Amount BMO FINANCIAL GROUP 213808 CV LEADERSHIP LUNCH S.SANCHEZ Travel & Training 101-1001-60320 45.00 BMO FINANCIAL GROUP 213808 4/25/24 DVBA LUNCHEON K.FITZPATRICK Travel & Training 101-1001-60320 49.70 BMO FINANCIAL GROUP 213808 FLIGHT TO LEAGUE L.EVANS Travel & Training 101-1001-60320 187.60 BMO FINANCIAL GROUP 213808 4/22-4/25/24 LASERFICHE EMPOWER M... Travel & Training 101-1005-60320 74.86 BMO FINANCIAL GROUP 213808 4/22-4/25/24 LASERFICHE EMPOWER P... Travel & Training 101-1005-60320 54.00 BMO FINANCIAL GROUP 213808 4/22-4/25/24 LASERFICHE EMPOWER M... Travel & Training 101-1005-60320 36.35 BMO FINANCIAL GROUP 213808 4/22-4/25/24 LASERFICHE EMPOWER M... Travel & Training 101-1005-60320 6.99 BMO FINANCIAL GROUP 213808 4/22-4/25/24 LASERFICHE EMPOWER M... Travel & Training 101-1005-60320 78.00 LIFESIGNS, INC. 213840 9/26/23 SIGN LANGUAGE SERVICES Special Enforcement Funds 101-2001-60175 300.00 IMPERIAL IRRIGATION DIST 213835 ELECTRICITY SERVICE Electric - Monticello Park - Uti.. 101-3005-61102 13.91 IMPERIAL IRRIGATION DIST 213835 ELECTRICITY SERVICE Electric - Sports Complex - Uti.. 101-3005-61106 2,772.07 IMPERIAL IRRIGATION DIST 213835 ELECTRICITY SERVICE Electric - Colonel Paige - Utilit.. 101-3005-61108 791.30 IMPERIAL IRRIGATION DIST 213835 ELECTRICITY SERVICE Electric - Community Park - U... 101-3005-61109 8,655.62 IMPERIAL IRRIGATION DIST 213835 ELECTRICITY SERVICE Electric - Adams Park - Utiliti... 101-3005-61110 46.40 IMPERIAL IRRIGATION DIST 213835 ELECTRICITY SERVICE Electric - Eisenhower Park - U... 101-3005-61113 20.57 IMPERIAL IRRIGATION DIST 213835 ELECTRICITY SERVICE Electric - Desert Pride - Utiliti... 101-3005-61114 13.91 IMPERIAL IRRIGATION DIST 213835 ELECTRICITY SERVICE Electricity - Utilities 101-3008-61101 1,133.82 COACHELLA VALLEY WATER D.. 213817 WATER SERVICE Water -Pioneer Park - Utilities 101-3005-61207 645.90 COACHELLA VALLEY WATER D.. 213817 WATER SERVICE PM 10 - Dust Control 101-7006-60146 139.76 DESERT RESORT MANAGEM... 213826 04/2024 - SECURITY PATROL SERVICES Professional Services 101-6004-60103 4,018.43 FIRST CHOICE A/C & HEATING.. 213827 EMERGENCY SERVER ROOM HVAC INST... HVAC 101-3008-60667 5,751.00 PETRA-1, LP 213848 WC GYM WIPES 4 CASES Operating Supplies 101-3002-60420 744.88 SUNLINE TRANSIT AGENCY 213862 02/2024-SUNLINEBUS PASSES Due toSunLine 101-0000-20305 179.00 SUNLINE TRANSIT AGENCY 213862 02/2024-SUNLINEBUS PASSES Miscellaneous Revenue 101-0000-42301 -10.00 SUNLINE TRANSIT AGENCY 213862 04/2024-SUNLINEBUS PASSES Due toSunLine 101-0000-20305 181.50 SUNLINE TRANSIT AGENCY 213862 04/2024-SUNLINEBUS PASSES Miscellaneous Revenue 101-0000-42301 -8.25 ALTA LANGUAGE SERVICES I... 213803 BILINGUAL TESTING #482 Consultants/Employee Servic... 101-1004-60104 330.00 KILEY & ASSOCIATES 213838 04/2024 - FEDERAL LOBBYIST SERVICES Contract Services - Administr... 101-1002-60101 3,500.00 COUNTY OF RIVERSIDE 213819 12/1-12/3/23 CERT TRAINING Professional Services 101-2002-60103 3,672.65 BARBARA SINATRA CHILDREN.. 213805 03/11/24 PHYSICAL EXAM LA240690059 Sexual Assault Exam Fees 101-2001-60193 231.00 SANCHEZ, STEVE 213857 4/17-4/19/24 - LEAGUE CITY SUMMIT 5.... Travel & Training 101-1002-60320 200.20 WOODS, COLE 213876 FY 23/24 WELLNESS DOLLARS REIMB C.... Annual Wellness Dollar Reim... 101-1004-50252 200.00 DELGADO, JESSICA 142 FY 23/24 ANNUAL WELLNESS DOLLARS 1... Annual Wellness Dollar Reim... 101-1004-50252 110.30 ARMENDARIZ, DERRICK 213804 CPPB CERTTEST RESCHEDULE FEE A.AR... Travel & Training 101-1006-60320 100.00 OCEAN SPRINGS TECH INC 213845 05/01/24 LQ PARK SPLASH PAD SERVICE... LQ Park Water Feature 101-3005-60554 185.25 COUNTY OF RIVERSIDE PUBIL 213820 03/2024 - RADIO MAINTENANCE Operating Supplies 101-2001-60420 273.66 RIVERSIDE COUNTY SHERIFF ... 213855 03/28/24 - VMET SPECIAL OPERATION Special Enforcement Funds 101-2001-60175 510.08 HDL COREN & CONE 213829 04/01-06/30/24 - PROPERTY TAX CONT... Consultants 101-1006-60104 5,345.78 Fund 101- GENERAL FUND Total: 192,391.45 Fund: 201- GAS TAX FUND TOPS' N BARRICADES INC 213864 SAND BAGS (50) Traffic Control Signs 201-7003-60429 160.41 TOPS' N BARRICADES INC 213864 TRAFFIC CONTROL SIGNS Traffic Control Signs 201-7003-60429 712.86 TOPS' N BARRICADES INC 213864 TRAFFIC CONTROL SIGNS Traffic Control Signs 201-7003-60429 333.32 TOPS' N BARRICADES INC 213864 TRAFFIC CONTROL SIGNS Traffic Control Signs 201-7003-60429 400.00 UNDERGROUND SERVICE AL... 213869 05/01/24 - DIG ALERT SERVICES Materials/Supplies 201-7003-60431 62.50 ZUMAR INDUSTRIES INC 213877 STREET SIGNS Traffic Control Signs 201-7003-60429 227.27 BMO FINANCIAL GROUP 213808 CONCRETE ROTARY MIXER DEPOSIT RE... Materials/Supplies 201-7003-60431 -440.00 BMO FINANCIAL GROUP 213808 CONCRETE ROTARY MIXER Materials/Supplies 201-7003-60431 722.31 CV PIPELINE CORP 213821 4/24/24 STORM WATER LINE JETTING D... Storm Drains 201-7003-60672 2,340.00 Fund 201- GAS TAX FUND Total: 4,518.67 Fund: 215 - LIGHTING & LANDSCAPING FUND VINTAGE E & S INC 213872 JEFFERSON ST LANDSCAPE LIGHT REPAI... Maintenance/Services 215-7004-60691 9,212.04 MACIAS NURSERY, INC. 213841 PLANTS Materials/Supplies 215-7004-60431 870.00 MACIAS NURSERY, INC. 213841 PLANTS Materials/Supplies 215-7004-60431 2,713.58 PWLC II, INC 213852 04/18/24 - CITY LOTS WEED ABATEMENT Maintenance/Services 215-7004-60691 1,600.00 BMO FINANCIAL GROUP 213808 IPHONE CASE Operating Supplies 215-7004-60420 27.18 BMO FINANCIAL GROUP 213808 SUNSCREEN LOTION Safety Gear 215-7004-60427 112.80 BMO FINANCIAL GROUP 213808 INSECT REPELLENT Safety Gear 215-7004-60427 90.25 BMO FINANCIAL GROUP 213808 SOLOR LANDSCAPE LIGHTS Materials/Supplies 215-7004-60431 163.10 BMO FINANCIAL GROUP 213808 PLANTS Materials/Supplies 215-7004-60431 149.53 5/13/2024 3:07:10 PM Page 3 of 8 42 Demand Register Packet: APPKT03801 - 05/10/2024 JB Vendor Name Payment Number Description (Item) Account Name Account Number Amount IMPERIAL IRRIGATION DIST 213835 ELECTRICITY SERVICE Electric - Utilities 215-7004-61116 4,081.55 IMPERIAL IRRIGATION DIST 213835 ELECTRICITY SERVICE Electric - Medians - Utilities 215-7004-61117 1,479.62 COACHELLA VALLEY WATER D.. 213817 WATER SERVICE Water - Medians - Utilities 215-7004-61211 58.56 IMPERIAL IRRIGATION DIST 213835 ELECTRICITY SERVICE Electric - Utilities 215-7004-61116 1,071.92 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 21,630.13 Fund: 221- AB 939 - CALRECYCLE FUND ALPHA MEDIA LLC 213802 04/2024 - RECYCLING RADIO ADS MIX 1... AB 939 Recycling Solutions 221-0000-60127 3,500.00 MACIAS NURSERY, INC. 213841 PLANTS FOR CITY PICNIC AB 939 Recycling Solutions 221-0000-60127 293.63 BMO FINANCIAL GROUP 213808 NURSERY POTS WITH SAUCER AB 939 Recycling Solutions 221-0000-60127 117.36 BMO FINANCIAL GROUP 213808 CANDY/INFLATABLE GAME FOR CITY BD... AB 939 Recycling Solutions 221-0000-60127 290.90 BMO FINANCIAL GROUP 213808 PAPER PENCILS AB 939 Recycling Solutions 221-0000-60127 73.92 BMO FINANCIAL GROUP 213808 GLASS MARBLES AB 939 Recycling Solutions 221-0000-60127 14.12 BMO FINANCIAL GROUP 213808 GIFT CARD FOR CITY STAFF EARTH DAY ... AB 939 Recycling Solutions 221-0000-60127 25.00 BMO FINANCIAL GROUP 213808 GIFT CARD FOR CITY STAFF EARTH DAY ... AB 939 Recycling Solutions 221-0000-60127 25.00 BMO FINANCIAL GROUP 213808 GIFT CARDS FOR CITY STAFF EARTH DAY... AB 939 Recycling Solutions 221-0000-60127 50.00 Fund 221- AB 939 - CALRECYCLE FUND Total: 4,389.93 Fund: 241 - HOUSING AUTHORITY CAHA, BECKY 213812 04/2024 - HOUSING CONSULTANT SERV... Professional Services 241-9101-60103 5,850.00 Fund 241- HOUSING AUTHORITY Total: 5,850.00 Fund: 247 - ECONOMIC DEVELOPMENT FUND BMO FINANCIAL GROUP 213808 MARKETING LUNCH MEETING ECON DE... Marketing & Tourism Promot.. 247-0000-60461 163.77 Fund 247 - ECONOMIC DEVELOPMENT FUND Total: 163.77 Fund: 270 - ART IN PUBLIC PLACES FUND CHARLOTTE DUPLAY, FINE A... 213815 APP APPRAISAL SERVICES Art Purchases 270-0000-74800 3,750.00 BEST SIGNS INC 213806 APP RAM SKULL SIGNAGE Operating Supplies 270-0000-60482 1,073.87 BMO FINANCIAL GROUP 213808 TWO REMNANT TOTEMS FOR APP Art Purchases 270-0000-74800 1,260.00 Fund 270 - ART IN PUBLIC PLACES FUND Total: 6,083.87 Fund: 401- CAPITAL IMPROVEMENT PROGRAMS CONSERVE LANDCARE 213818 CACTUS FLOWER LANDSCAPE RENOVAT... Retention Payable 401-0000-20600 -25,163.35 CONSERVE LANDCARE 213818 CACTUS FLOWER LANDSCAPE RENOVAT... Construction 401-0000-60188 503,267.08 HERMANN DESIGN GROUP I... 213830 02/2024 CACTUS FLOWER LANDSCAPE ... Design 401-0000-60185 1,062.50 HERMANN DESIGN GROUP I... 213830 03/2024 CACTUS FLOWER LANDSCAPE ... Design 401-0000-60185 1,050.00 HAMMEL, GREEN, AND ABR... 213828 03/2024 - CULTURAL CAMPUS DESIGN Design 401-0000-60185 27,500.00 IMPERIAL IRRIGATION DIST 213834 STREET LIGHTS METER Construction 401-0000-60188 2,835.00 NEXTECH SYSTEMS, INC. 213844 LIGHT FOR PEDS CROSSING INTERSECTI... Construction 401-0000-60188 1,650.79 POWERSTRIDE BATTERY CO. 213850 TRAFFIC SPEED FEED BACK SIGNS Construction 401-0000-60188 518.94 Fund 401- CAPITAL IMPROVEMENT PROGRAMS Total: 512,720.96 Fund: 501- FACILITY & FLEET REPLACEMENT HILARIO, BENJAMIN 213832 VEHICLE WASHES Vehicle Repair & Maintenan... 501-0000-60676 410.00 INLAND POWER EQUIPMENT... 213836 PRESSURE WASHER TRAILER REPAIRS Vehicle Repair & Maintenan... 501-0000-60676 616.74 DESERT CONCEPTS CONSTR... 213824 LQ HISTORICAL SOCIETY BUILDING REPA... City Bldg Repl/Repair 501-0000-71103 3,900.00 USA DRAIN AND PLUMBING... 213870 CMP EMERGENCY SEWAGE GRINDER P... City Bldg Repl/Repair 501-0000-71103 2,575.00 USA DRAIN AND PLUMBING... 213870 CMP EMERGENCY SEWAGE GRINDER P... City Bldg Repl/Repair 501-0000-71103 8,375.00 WEX BANK 213873 03/26-04/25/24 - FUEL Fuel & Oil 501-0000-60674 11,034.08 BMO FINANCIAL GROUP 213808 GOLF CART COVER & CAR BOOT Parts, Accessories, and Upfits 501-0000-60675 249.02 BMO FINANCIAL GROUP 213808 GOLF CART KEYS Parts, Accessories, and Upfits 501-0000-60675 17.76 BMO FINANCIAL GROUP 213808 15 CHRYSLER REPAIRS Vehicle Repair & Maintenan... 501-0000-60676 1,094.68 QUINN COMPANY 213853 SKIDD STEER PARTS Parts, Accessories, and Upfits 501-0000-60675 16.57 QUINN COMPANY 213853 WC EMERGENCY ATS TRANSFER SWITCH.. City Bldg Repl/Repair 501-0000-71103 8,760.00 Fund 501- FACILITY & FLEET REPLACEMENT Total: 37,048.85 Fund: 502 - INFORMATION TECHNOLOGY TYLER TECHNOLOGIES 213868 4/1-5/31/24 -CREDIT CARD MACHINES ... Software Licenses 502-0000-60301 60.00 TPX COMMUNICATIONS 213866 04/23-05/22/24 - PHONE LINE SERVICE Telephone - Utilities 502-0000-61300 3,806.38 BMO FINANCIAL GROUP 213808 04/2024 - EMAIL PROTECTION SOFTWA... Software Licenses 502-0000-60301 499.00 BMO FINANCIAL GROUP 213808 03/2024 - HULU SUBSCRIPTION Cable/Internet - Utilities 502-0000-61400 81.99 BMO FINANCIAL GROUP 213808 05/2024 - HULU SUBSCRIPTION Cable/Internet - Utilities 502-0000-61400 81.99 BMO FINANCIAL GROUP 213808 CAPIO TRAINING D.KINLEY Travel & Training 502-0000-60320 825.00 BMO FINANCIAL GROUP 213808 IT ITEM FOR ZOOM PHONE PROJECT Operating Supplies 502-0000-60420 228.34 5/13/2024 3:07:10 PM Page 4 of 8 43 Demand Register Packet: APPKT03801- 05/10/2024 JB Vendor Name Payment Number Description (Item) Account Name Account Number Amount BMO FINANCIAL GROUP 213808 ETHERNET PORT SWITCHES FOR IT STOCK Operating Supplies 502-0000-60420 206.86 BMO FINANCIAL GROUP 213808 MACBOOK FOR G.VILLALPANDO Computers 502-0000-80103 1,905.08 CARAHSOFT TECHNOLOGY C... 213813 IMPLEMENTATION COST Software Implementation/E... 502-0000-71049 1,981.05 COW GOVERNMENT INC 213814 ADOBE ACROBAT PRO SUBSCRIPTIONS Software Licenses 502-0000-60301 215.60 Fund 502 - INFORMATION TECHNOLOGY Total: 9,891.29 Grand Total: 794,688.92 5/13/2024 3:07:10 PM 44 Page 5 of 8 Demand Register Packet: APPKT03801 - 05/10/2024 JB Fund Summary Fund 101-GENERAL FUND 201- GAS TAX FUND 215 - LIGHTING & LANDSCAPING FUND 221- AB 939 - CALRECYCLE FUND 241- HOUSING AUTHORITY 247 - ECONOMIC DEVELOPMENT FUND 270 - ART IN PUBLIC PLACES FUND 401- CAPITAL IMPROVEMENT PROGRAMS 501- FACILITY & FLEET REPLACEMENT 502 - INFORMATION TECHNOLOGY Account Number 101-0000-20305 101-0000-42301 101-1001-60320 101-1002-60101 101-1002-60320 101-1002-60351 101-1002-60400 101-1004-50252 101-1004-60104 101-1004-60125 101-1004-60129 101-1004-60320 101-1004-60400 101-1004-60420 101-1005-60103 101-1005-60320 101-1005-60400 101-1006-60104 101-1006-60137 101-1006-60320 101-1006-60400 101-1006-60410 101-1007-60402 101-1007-60403 101-2001-60174 101-2001-60175 101-2001-60176 101-2001-60193 101-2001-60420 101-2002-60103 101-2002-60431 101-2002-61300 101-2002-71021 101-3002-60400 101-3002-60420 101-3003-60149 101-3003-60184 101-3003-60420 101-3005-60184 101-3005-60400 101-3005-60431 101-3005-60432 101-3005-60554 101-3005-60691 101-3005-61102 Grand Total: Account Summary Account Name Due to SunLine Miscellaneous Revenue Travel & Training Contract Services - Admi... Travel & Training Membership Dues Office Supplies Annual Wellness Dollar ... Consultants/Employee 5... Temporary Agency Servi... Recruiting/Pre-Employm... Travel & Training Office Supplies Operating Supplies Professional Services Travel & Training Office Supplies Consultants Community Engagement Travel & Training Office Supplies Printing Forms, Copier Paper Citywide Supplies Blood/Alcohol Testing Special Enforcement Fu... Sheriff - Other Sexual Assault Exam Fees Operating Supplies Professional Services Materials/Supplies Telephone - Utilities Furniture Office Supplies Operating Supplies Community Experiences Fritz Burns Pool Progra... Operating Supplies Fritz Burns Pool Mainten... Office Supplies Materials/Supplies Tools/Equipment LQ Park Water Feature Maintenance/Services Electric - Monticello Park... Expense Amount 192,391.45 4,518.67 21,630.13 4,389.93 5,850.00 163.77 6,083.87 512,720.96 37,048.85 9,891.29 794,688.92 Expense Amount 360.50 -18.25 1,000.68 3,500.00 200.20 325.00 34.48 310.30 330.00 1,707.60 278.95 1,365.36 63.95 7.60 4,808.17 431.56 430.64 5,345.78 473.77 195.00 302.07 688.04 1,123.77 81.56 464.60 935.08 832.00 231.00 273.66 3,672.65 2,850.78 1,804.66 1,305.91 75.22 1,595.10 14,286.63 5,896.53 308.85 1,416.29 44.59 4,133.34 762.16 185.25 5,800.00 13.91 5/13/2024 3:07:10 PM 45 Page 6 of 8 Demand Register Packet: APPKT03801 - 05/10/2024 JB Account Summary Account Number Account Name Expense Amount 101-3005-61106 Electric - Sports Complex... 2,772.07 101-3005-61108 Electric - Colonel Paige -... 791.30 101-3005-61109 Electric - Community Par... 8,655.62 101-3005-61110 Electric - Adams Park - Ut.. 46.40 101-3005-61113 Electric - Eisenhower Par... 20.57 101-3005-61114 Electric - Desert Pride - U.. 13.91 101-3005-61207 Water -Pioneer Park - Uti.. 645.90 101-3007-60134 Promotional Items 1,757.68 101-3007-60137 Community Engagement 2,997.52 101-3007-60320 Travel & Training 1,500.00 101-3007-60351 Membership Dues 244.95 101-3007-60420 Operating Supplies 20.62 101-3007-60461 Marketing & Tourism Pr... 54,834.66 101-3008-60431 Materials/Supplies 130.44 101-3008-60667 HVAC 5,751.00 101-3008-61101 Electricity - Utilities 1,133.82 101-6001-60352 Subscriptions & Publicat... 502.23 101-6001-60410 Printing 295.75 101-6001-60420 Operating Supplies 59.90 101-6002-60103 Professional Services 1,240.00 101-6002-60320 Travel & Training 657.00 101-6004-60103 Professional Services 4,018.43 101-6004-60197 Animal Shelter Contract ... 26,920.23 101-6006-60320 Travel & Training 290.00 101-6006-60420 Operating Supplies 215.99 101-7001-60320 Travel & Training 99.74 101-7002-60183 Map/Plan Checking 6,121.50 101-7006-60144 Contract Traffic Engineer 235.00 101-7006-60146 PM 10 - Dust Control 139.76 101-7006-60320 Travel & Training 44.52 201-7003-60429 Traffic Control Signs 1,833.86 201-7003-60431 Materials/Supplies 344.81 201-7003-60672 Storm Drains 2,340.00 215-7004-60420 Operating Supplies 27.18 215-7004-60427 Safety Gear 203.05 215-7004-60431 Materials/Supplies 3,896.21 215-7004-60691 Maintenance/Services 10,812.04 215-7004-61116 Electric - Utilities 5,153.47 215-7004-61117 Electric - Medians - Utilit... 1,479.62 215-7004-61211 Water - Medians - Utiliti... 58.56 221-0000-60127 AB 939 Recycling Solutio... 4,389.93 241-9101-60103 Professional Services 5,850.00 247-0000-60461 Marketing & Tourism Pr... 163.77 270-0000-60482 Operating Supplies 1,073.87 270-0000-74800 Art Purchases 5,010.00 401-0000-20600 Retention Payable -25,163.35 401-0000-60185 Design 29,612.50 401-0000-60188 Construction 508,271.81 501-0000-60674 Fuel & Oil 11,034.08 501-0000-60675 Parts, Accessories, and ... 283.35 501-0000-60676 Vehicle Repair & Maint... 2,121.42 501-0000-71103 City Bldg Repl/Repair 23,610.00 502-0000-60301 Software Licenses 774.60 502-0000-60320 Travel & Training 825.00 502-0000-60420 Operating Supplies 435.20 502-0000-61300 Telephone - Utilities 3,806.38 502-0000-61400 Cable/Internet - Utilities 163.98 502-0000-71049 Software Implementatio... 1,981.05 5/13/2024 3:07:10 PM 46 Page 7 of 8 Demand Register Packet: APPKT03801 - 05/10/2024 JB Account Number 502-0000-80103 Project Account Key **None** 111205CT 201603CT 201603D 201603RP 201804E 201901D 202215E 202216E 2324TMICT BDAYE CSA152E EGGE STVRE Account Summary Account Name Expense Amount Computers 1,905.08 Grand Total: 794,688.92 Project Account Summary Project Account Name **None** Construction Expense Construction Expense Design Expense Retention Payable Landscape & Lighting Median Islan... Design Expense Landscape Maintenance Refurbis... General PW Maint - Desert Concep... Construction Expense City Picnic & Birthday Celebration ... CSA 152 Expenses La Quinta Egg Hunt Expense Short Term Vacation Rental Expen... Grand Total: Project Name **None** Dune Palms Bridge Imp/BRLKS-52 La Quinta Landscape Renovation La Quinta Landscape Renovation La Quinta Landscape Renovation Landscape & Lighting Median Islz Village Art Plaza Promenade & Cr Landscape Maint Refurbishment - General PW Maintenance - Desei FY23/24Traffic Maintenance Imf City Picnic & Birthday Celebratior CSA 152 Project Tracking La Quinta Egg Hunt Short Term Vacation Rental Tracl 794,683.92 Expense Amount 237,641.29 2,835.00 503,267.08 2,112.50 -25,163.35 10,231.57 27,500.00 1,600.00 5,800.00 2,169.73 16,555.14 2,340.00 31.53 7,768.43 *Project codes are generally used to track Capital Improvement Program (CIP) projects, other large public works projects, developer deposits, or city-wide events. Normal operational expenditures are not project coded and, therefore, will report as "none" in this section. 5/13/2024 3:07:10 PM 47 Page 8 of 8 ATTACHMENT 2 City of La Quinta Bank Transactions 04/29/2024-05/10/2024 Wire Transaction Listed below are the wire transfers from 04/29/2024-05/10/2024. Wire Transfers: 05/03/2024 - WIRE TRANSFER - STERLING 05/06/2024 - WIRE TRANSFER - LANDMARK WIRE 05/09/2024 - WIRE TRANSFER - CALPERS 05/10/2024 - WIRE TRANSFER - CALPERS 05/10/2024 - WIRE TRANSFER - CALPERS 05/10/2024 - WIRE TRANSFER - CALPERS 05/10/2024 - WIRE TRANSFER - LQCEA 05/10/2024 - WIRE TRANSFER - MISSION SQUARE 05/10/2024 - WIRE TRANSFER - MISSION SQUARE 05/10/2024 - WIRE TRANSFER - STEWART TITLE OF CALIFORNIA TOTAL WIRE TRANSFERS OUT $1,337.47 $200,774.24 $140,480.49 $5,802.03 $15,300.21 $30,331.61 $468.00 $4,025.00 $12,943.19 $2,880.00 $414,342.24 48 STUDY SESSION ITEM NO. 1 City of La Quinta CITY COUNCIL MEETING: May 21, 2024 STAFF REPORT AGENDA TITLE: DISCUSS SPECIAL EVENT REGULATIONS IN RESIDENTIAL DISTRICTS PER LA QUINTA MUNICIPAL CODE SECTION 9.60.170 RECOMMENDATION Discuss special event regulations in residential districts per La Quinta Municipal Code section 9.60.170. EXECUTIVE SUMMARY • At the March 19, 2024, regular meeting, Council requested that staff schedule a study session discussion of special event regulations. • This report outlines the current special event regulations in residential districts pursuant to La Quinta Municipal Code (LQMC) section 9.60.170 and related review and approval processes. FISCAL IMPACT — None. BACKGROUND Special events are allowed in residential and non-residential zones per Title 9 of the LQMC. Special events in residential districts are defined in Section 9.60.170 as follows (Attachment 1): • Pageants, fairs, carnivals, large athletic events, religious or entertainment events, block parties, large neighborhood or community gatherings • Events at privately owned dwellings involving two or more of the following characteristics: ✓ Outdoor amplified music ✓ A stage or staging ✓ Event lighting ✓ Tents ✓ Additional parking accommodations ✓ Traffic restrictions ✓ Other characteristics consistent with larger gatherings that are not consistent with occasional residential parties or small events 49 Events at Short -Term Vacation Rental (STVR) properties that exceed the allowed daytime occupancy based on the approved number of bedrooms pursuant to LQMC section 3.25.070. Special Event Tiers Special events are categorized into 3 tiers as summarized below. Each tier has different application deadlines, public hearing and related noticing requirements, and approval authorities based on the number of special events planned at a residential property per year. All tiers have similar review processes and require neighborhood noticing 14 days in advance of each event. All application decisions, regardless of approval authority can be appealed by the applicant within 15 days from issuance. Tier 1: 1-3 Events Allow up to 3 events per year which are reviewed at staff level with no public hearing. The application submittal deadline is 45 days prior to the first event. The City Manager or designee may allow expedited applications to be submitted later than the 45-day deadline and appeal procedures suspended if the proposed event(s) meets certain criteria as summarized below. • Limited parking and traffic impacts, • No outdoor tents or other structures requiring building permit, • Limited or no outdoor amplified music, • No permit from the Department of Alcoholic Beverage Control needed, • Applicant certifies these limitations will apply and be enforced. Tier 2: 4-11 Events Allow 4-11 events per year which are considered by the Design and Development Director at a noticed public hearing. Applications must be submitted 90 days prior to the first event. Tier 3: 12+ Events Allow 12 or more events per year which are considered by the Planning Commission at a noticed public hearing. Applications must be submitted 90 days prior to the first event. Public Hearing Noticing — i iers z ana Public Hearings are noticed pursuant to the LQMC Section 9.200.100 by publishing an advertisement in the Desert Sun newspaper 10-days prior to the hearing and mailing the notice to all parcels within a 500-foot radius from the subject property. A decision is rendered by the applicable authority depending on the tier category as noted above. Review Process Special event application submittals, along with related supporting documents and exhibits [site plans, description of the event including date, hours of operation, set-up and tear - down times, parking accommodations, types of event structures (tents, stages, etc.), food service accommodations, list of vendors, and electrical equipment to be used)] are circulated for staff review (Planning, Building, Public Works, Traffic, Code, Fire, and 50 Sheriff's Departments) to determine applicable conditions of approval (COAs) to ensure compliance and mitigate any potential effects to the surrounding areas. This review is completed within 3 weeks and staff issues a comment letter to the applicant noting any corrections or if additional information is needed. Once the applicant resubmits, a 2nd 3- week review is conducted. Once all corrections have been satisfied, staff issues an approval letter listing out applicable COAs identifying actions the applicant needs to complete prior, during, and after an event to prevent any potential effects related to fire services, parking, noise, trash, etc. Attachment 2 includes a sample set of COAs that have been included with previously approved special events. ANALYSIS The table below lists the number of residential special event applications submitted and approved over the last 6 years, from 2018 to present. Year Special Event Applications Submitted *Special Event Applications Approved 2018 20 16 2019 10 8 2020 4 3 2021 3 0 2022 3 4 2023 4 3 2024 4 4 Total 48 38 * Applications may be withdrawn, denied, or approved in the next calendar year, depending on the applications submittal date. Of the 38 special event applications approved: • 74% (or 28 applications) were for events at STVR properties • 92% (or 35 applications) were for events at large estate -type properties • 30% (or 11 applications) were for events held at the Mery Griffin Estate • Over half of the events held were weddings, corporate events, birthday parties, fundraisers, receptions, and the remaining events were related to the music festivals. Of the 48 applications submitted, 96% (or 46 of the applications) were for Tier 1; only 2 applications were for Tier 2, of which 1 was approved; and no applications were submitted for Tier 3. The number of special event applications has dropped since 2020 following the COVID-19 pandemic and has remained consistent over the last 5 years. 51 COMMON CONCERNS The following common concerns associated with properties holding special events have been identified: • Poor management by event holder or property manager that does not provide adequate resources to address fluid situations of events leading to: o Attendance exceeding special event approval o Parking and/or traffic disruptions on surrounding streets o Amplified music and noise beyond the applicant's stated timeframe for the event • Late special event application submittals (submitted after LQMC deadlines) CODE AMENDMENTS FOR CONSIDERATION 1. Eliminate special event tiers under LQMC section 9.60.170, and process applications individually so that each event is considered on its own merits, to be approved by the Design and Development Director. 2. Establish parking and shuttle requirements under LQMC section 9.60.170, such as: ✓ Parking must be fully contained on -site and off surrounding residential streets. ✓ Shuttle service required — if parking cannot be contained on -site, adequately sized shuttles must be secured to drop-off and pick-up guests in accordance with an approved traffic plan; shuttle service agreements must be submitted in advance. 3. Eliminate subsection A(3) of LQMC section 9.60.170 requiring a special event approval for STVR properties exceeding the total daytime number of occupants allowed pursuant to LQMC section 3.25.070, and instead consider the following: A. Let the criteria as provided in subsection A(2) determine if a special event is triggered: Events at privately owned dwellings involving two or more of the following characteristics: ✓ Outdoor amplified music ✓ A stage or staging ✓ Event lighting ✓ Tents ✓ Additional parking accommodations ✓ Traffic restrictions ✓ Other characteristics consistent with larger gatherings that are not consistent with occasional residential parties or small events. Or B. Prohibit special events at STVR properties, except for: 52 ✓ STVR properties subject to an exemption pursuant to LQMC sections 3.25.055 and 3.25.057, referred to as "exempt properties," and ✓ STVR properties to be personally used by the property owner only to hold a family event (child's wedding; personal birthday, anniversary, memorial celebration, etc.) pursuant to an affidavit signed under penalty of perjury and subject to special event approval and related COAs. 4. Establish administrative fines specific to violations of special event approvals based on the applicable COAs, i.e., first violation, second violation, etc. 5. Impose a one -strike or two -strikes policy resulting in an immediate suspension of allowing any subsequent special events within a specified timeframe or in perpetuity. Prepared by: Cheri Flores, Planning Manager Danny Castro, Design and Development Director Monika Radeva, City Clerk Approved by: Jon McMillen, City Manager Attachments: 1. La Quinta Municipal Code Section 9.60.170 2. Sample of Current Conditions of Approval 53 9.60.170 - Special events —Residential. ATTACHMENT 1 A. Special Events. Within residential districts, or residential areas for property or parcel(s) zoned mixed -use (referred to in this section as "residential district(s)"), special events shall include, but are not limited to: 1. Pageants, fairs, carnivals and large athletic events, religious or entertainment events, block parties, large neighborhood or community gatherings. 2. Events at a privately owned residential dwelling, such as, but not limited to, a single-family detached or multiple -family attached unit, apartment house or complex, condominium, cooperative apartment, duplex, or any portion of such dwellings, rented for compensation or without compensation for the purpose of staging a special event that includes a combination of any two (2) or more of the following characteristics: outdoor amplified music, a stage or staging, event lighting, tents, additional parking accommodations, traffic restrictions, and other characteristics consistent with larger gatherings that are not consistent with occasional residential parties or small events. 3. Events at a short-term vacation rental unit property or parcel(s) that exceeds the total daytime number of occupants allowed pursuant to Section 3.25.070. B. Standards. Special events are permitted in residential districts as indicated in Table 9-1 with the approval of a temporary use permit or conditional use permit, in accordance with the following: 1. One (1) special event may not exceed three (3) consecutive days. 2. A minor temporary use permit may be processed and issued if no more than three (3) special events occur at a single-family detached or multiple -family attached unit, short-term vacation rental, apartment house, condominium, cooperative apartment, duplex, or any portion of such dwellings in a calendar year. 3. A major temporary use permit may be processed and issued if more than three (3) but less than twelve (12) special events occur at a single-family detached or multiple -family attached unit, short-term vacation rental, apartment house, condominium, cooperative apartment, duplex, or any portion of such dwellings in a calendar year subject to approval at a public hearing of the director. 4. Special events that occur more than eleven (11) times in a calendar year maybe permitted at a single-family detached or multiple -family attached unit, short-term vacation rental, apartment house, condominium, cooperative apartment, duplex, or any portion of such dwellings subject to the approval of a conditional use permit at a public hearing of the planning commission in accordance with this section and the municipal code. 5. An application for a minor temporary use permit for special events shall be submitted to the design and development department no later than forty-five (45) days prior to the proposed special event. An application for a major temporary use permit or conditional use permit for 54 special events shall be submitted no later than ninety (90) days prior to the proposed special event. 6. The city manager or designee may allow for an expedited application of a minor temporary use permit, which may be submitted later than the application deadlines set forth in the subsection above, and may suspend the appeal procedures after a decision of the permit is rendered, if the special event will have limited parking and traffic impacts, will not have outdoor tents or other structures that require a building permit, will have limited or no outdoor amplified music, will not require a permit from the California Department of Alcoholic Beverage Control for consumption of alcohol, and the applicant for the special event certifies that these limitations will apply and be enforced. 7. Findings. The following findings shall be made by the decision -making authority in conjunction with approval of either a minor or major temporary use permit, or conditional use permit: a. The event will not be detrimental to the health, safety and general welfare of the community in the area of the proposed event. b. There is adequate area to conduct the event and to accommodate the anticipated attendance. c. Sufficient parking will be provided for the anticipated attendance. d. Food service operations, medical facilities, solid waste facilities, sewage disposal methods and potable water service have been provided. (Approval by the health officer may be required.) e. Fire protection plans and facilities have been provided to the satisfaction of the fire marshal. f. Security plans and facilities have been provided to the satisfaction of the sheriff. g. Public roadways providing access to the event are capable of accommodating the anticipated traffic volumes in a reasonable and safe manner with minimal disruption to local traffic circulation. 8. Regardless of the number of attendants, activities conducted on property owned by or leased to the city or on public rights -of -way may require an encroachment permit issued by the city manager or designee. 9. A cash bond or other guarantee as determined by the city manager or designee for removal of the temporary use and cleanup and restoration of the activity site within seven (7) days of the activity conclusion may be required. 10. Applications for permits or certificates required by this section shall be referred by the design and development department to other affected departments, cities or public agencies as may be appropriate for review and comment. 55 11. The applicant shall provide evidence that the applicant mailed or delivered written notification of the special event(s) to all property owners shown on the last equalized county assessment roll and all occupants of each dwelling unit within five hundred (500) feet of the proposed special event property. Such notice shall be issued no later than fourteen (14) days prior, and completed no more than seven (7) days prior to the special event. The notice shall include: a. The date, time, hours of operation and complete description of all activities for the event as required to be submitted as part of the application. b. The name and twenty-four (24)-hour contact phone number of the local contact person for the property and the police department. 12. Signs for pageants, fairs, carnivals and large athletic events, religious or entertainment events, block parties, large neighborhood or community gatherings shall be allowed as follows: a. Maximum of one (1) temporary banner per street frontage, not to exceed thirty-two (32) square feet. b. Maximum one (1) temporary portable sign on- or off -site on private property, not to exceed fifty-five (55) square feet. c. Maximum thirty off -site temporary directional signs, nine (9) square feet in area, subject to the provisions of Section 9.160.060. subsections C through H, with the exception of subsection E. d. Maximum fifteen (15) bunting signs, with maximum size to be approved by the city manager or designee. e. Posting period, locations and related details shall be as approved in the temporary use permit for the event. f. Other signs and advertising devices, such as pennants, flags and A -frame signs are prohibited. 13. Related issues, including, but not limited to, police and security, food and water supply, consumption of alcohol, use of tents and canopies, fugitive dust control, sanitation facilities, medical services, noise, signage, fire protection and traffic control, shall be satisfactorily addressed by the applicant, as required by the city manager or designee, sheriff, fire chief or health officer in their administration of other city codes. Such other codes may require the applicant to obtain permits such as building, electrical, County Health, California Department of Alcoholic Beverage Control and tent permits. 14. A permit may be issued for special events in nonresidential districts or at nonresidential areas of mixed -use property or parcel(s) pursuant to Section 9.100.130 of this code. C. Violations. A violation of this section may include any of the following: 56 1. Permit Limitation. The city manager or designee may summarily deny, suspend, or revoke any current or pending temporary use permit, minor use permit, or conditional use permit pursuant to the provisions set forth in Section 2.04.100. (Appeals to Council) of Chapter 2.04, or other applicable procedural provisions in the municipal code, for any or all of the following: (a) A violation by the applicant, occupants, responsible party, owner(s) or the owner's authorized agent or representative of any of the conditions of approval or any provisions in the municipal code; (b) The applicant, occupants, responsible party, owner(s) or the owner's authorized agent or representative performs activities described in the application for the temporary use permit, minor use permit, or conditional use permit in a manner that poses a threat to the public health and safety, endangers the preservation of property, engages in activities outside the scope of the activities described in the application, or fails to timely reimburse the city for costs associated with enforcement of the conditions of approval or any provisions in the municipal code. Additionally, for any violation under this section or other provisions of the municipal code resulting from a special event at a short term vacation rental, the city manager or designee may summarily deny, suspend, or revoke the short term vacation rental permit and licenses related to the operation thereto. Any revocation of a temporary use permit, minor use permit, or conditional use permit pursuant to this section, after notice and public hearing and final determination for revocation, shall result in the applicant, occupants, responsible party, owner(s) or the owner's authorized agent or representative, operating under the revoked permit, being ineligible to apply or re -apply for any special event permit for at least one (1) year. 2. Notice of Violation. The city may issue a notice of violation to any occupant, responsible party, owner(s) or the owner's authorized agent or representative, pursuant to Section 1.01.300 (Notices —Service) of the municipal code, if there is any violation of this section or any other provisions of the municipal code, caused or maintained by any of the above parties. The city manager or designee may suspend any existing permit or pending permit application for a period of ninety (90) days after a second violation of any of the conditions of approval from an applicable permit or any provisions of the municipal code. A third violation shall be cause for automatic revocation by the city manager or designee of any current or pending application for a temporary use permit, minor use permit, or conditional use permit. 3. Administrative Citation. The city may issue an administrative citation to any occupant, responsible party, owner(s) or the owner's authorized agent or representative, pursuant to Chapter 1.09. (Administrative Citation) of the municipal code, if there is any violation of this section or other provisions of the municipal code, caused or maintained by any of the above parties. Nothing in this section shall preclude the city from issuing an infraction citation upon the occurrence of the same offense on a separate day. 9 57 Misdemeanor Citation. The city may issue a misdemeanor citation to any occupant, responsible party, owner(s) or the owner's authorized agent or representative. Every violation of this section or other provisions of the municipal code is a misdemeanor and punishable by a fine not exceeding five hundred dollars ($500.00) or imprisonment in the countyjail for not more than six (6) months or by both such fine and imprisonment. Every violation of the conditions of approval of a temporary use permit, minor use permit, or conditional use permit is a misdemeanor and punishable by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment in the countyjail for not more than six (6) months or by both such fine and imprisonment. 5. Additional Conditions. A violation of any provision of this section or other provisions of the municipal code by any of the occupants, responsible party, owner(s) or the owner's authorized agent or representative shall authorize the city manager, or designee, to impose additional conditions on temporary use, minor use, or conditional use permit to ensure that any potential additional violations are avoided. 6. Public Nuisance. It shall be a public nuisance for any person to commit, cause or maintain a violation of this section or other provisions of the municipal code, which shall be subject to the provisions of Section 1.01.250. (Violations public nuisances) of Chapter 1.01_ (Code Adopted). (Ord. 552 § 1, 2017; Ord. 550 § 1, 2016; Ord. 299 § 1, 1997; Ord. 293, § 1, 1996; Ord. 284 § 1, 1996) 58 ATTACHMENT 2 Sample Conditions of Approval Completion/confirmation prior to start of the event: The applicant agrees to indemnify, defend and hold harmless the City of La Quinta ("the City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this temporary use permit. The City of La Quinta shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or preceding and shall cooperate fully in the defense. 2. The event is approved for (DATE), from (TIME). The total number of event attendees shall not exceed (NO. OF ATTENDEES) on -site at any given time. The applicant is required to maintain a count of all event attendees on -site at all times during the event. The event count shall be maintained by the applicant and made available upon request by the Police Department, Fire Department, and/or City Staff. The Police department and/or Fire Department can request reduction of total event participants if amount of participants is detrimental to the health, safety, and general welfare of the community in the area of the proposed event. 3. The applicant shall provide notification of the event to properties and Home Owners Associations within 500 feet of event site, at least fourteen (14) days prior to the event. Notification shall include date, time, event scope, and contact information. Proof of notification shall be provided to the Design and Development Department at least seven (7) days prior to the event and shall include the following: a) a map showing all properties within a minimum 500-foot radius of subject property, b) a typed list of all property owners and their mailing address within a 500-foot radius, and all residents/tenants of said properties, c) photographic evidence of addressed envelopes, d) copy of the written notification, and e) signed affidavit by the applicant that notices have been mailed or delivered. These items may be emailed to the Planning Division at Planning(a_LaQuintaCA.gov. Please provide the case number with correspondence. 4. Applicant shall provide the Design and Development department with list of contact(s) who will be on site during all event hours. Contact(s) will be responsible to respond to calls or complaints regarding the condition, operation, or conduct of event in a timely and appropriate manner. Contact information shall be provided to Design and Development department. 5. The applicant shall obtain all other applicable permits, if required, from the appropriate agencies (i.e. Fire Department, Building Department, Sheriff's Department, etc.). Building permits are required for all structures, including tents and canopies, and portable generators. 6. Access and egress to all neighboring properties shall be maintained at all times. If access and egress is not maintained, due to impacts related to the event, to the satisfaction of the Code Compliance Division or Police, the event permit may be modified, suspended or revoked. 7. All temporary tents and membrane structures having an area in excess of 400 square feet require permitting from the Fire Department. Exception: Tents open on all sides having a 59 maximum size of 700 square feet, including multiple tents placed side by side, and a minimum clearance of 12 feet to all structures. 8. Special Inspection permit from the Building Division for the following temporary installations required: a. Temporary Electrical Installations. Examples of temporary installations would be generator use, or setup of any transformers, subpanels or receptacle branch circuits, but would not necessarily include cord and plug lighting - Compliance with the California Electrical Code to be demonstrated by plan submittal and review, this would include generator specifications, whether fuel storage is proposed, equipment locations, conductor specifications and conductor installation requirements. 9. This review does not include the use of the main dwelling for assembly purposes or verification of required plumbing fixtures. 10. Any building, structure, facility, complex or improved area, or portions thereof, which are used by the general public shall be provided barrier free design to ensure that these improvements are accessible to and usable by persons with disabilities. Plans shall fully detail how the proposed festival complies with the California Accessibility Standards defined in Title 24 Chapter 11 B and Federal ADA Regulations. 11. The applicant shall obtain an encroachment permit for off -site signs and traffic controls placed within the City's right-of-way. Encroachment permit shall include all applicable insurance, to be provided by City Risk Manager and Public Works. 12. All vendors shall obtain a City Business License. The serving of food and alcoholic beverages during the event shall be subject to the rules and requirements of the Riverside County Health Department and State of California Alcoholic Beverage Control, respectively. Vendors shall have Business Licenses approved prior to the date of the event. 13. The Design and Development Director may modify Conditions of Approval regarding business hours, parking, occupancy and other operational conditions should it be determined that after an event, the proposed uses or conditions under which the events are being operated or maintained is detrimental to the public health, welfare, or materially injurious to property, improvements or other uses in proximity to the subject property, or if the subject property is operated or maintained so as to constitute a public nuisance. 14. The applicant shall coordinate with the City of La Quinta Code Compliance division to have noise monitoring information available to Staff during each event. Please contact Kevin Meredith at (760) 777-7034 to coordinate. Completion/confirmation during the event: 15. The set-up and operation of the event shall be consistent with the attached exhibits and event information on file. .e 16. Security personnel shall be easily identifiable to the public by the provision of uniformed personnel. All designated private security personnel must be licensed by the State of California and possess a valid private security license. 17. The applicant shall conform to the City's Noise Ordinance (Municipal Code Section 9.100.210) and specifically the following noise limitations during the event: Before 10:OOpm: Sixty-five decibels (65 dB(A)) After 10:OOpm: Fifty decibels (50 dB(A)) If the noise consists entirely of impact noise, speech or music, or any combination thereof, each of the noise levels specific above shall be reduced by five dB(A). 18. Extension Cords: Extension cords shall be over -current protected and/or ground -fault interrupter protected. No additional taps are to be in any device. All extension cords shall be of 12/3 gauge wire or greater with approved connectors. 19. Portable Outdoor Gas -Fired Heaters: The storage or use of portable outdoor gas -fired heating appliances is prohibited inside tents, canopies and membrane structures. The heating appliance shall be located not less than 5-feet from buildings, exits and exit discharges. The heating appliance shall not be located beneath or closer than 5-feet to combustible decorations and combustible overhangs, awnings, sunshades or similar combustible attachments to buildings. Heating appliances shall be listed and labeled in accordance with ANSI Z83.26/CSA2.37 and provided with a tip -over switch that automatically shuts off the flow of gas if the appliance is tilted more than 15 degrees from vertical. 20. Portable Outdoor Fireplaces: Portable outdoor fireplaces shall be used in accordance with manufacturer's instructions and shall not be operated within 15 feet (3048 mm) of a structure or combustible material. 21. Food Trucks: All food truck apparatus shall be of the motorized type to provide easy relocating and evacuation in the event of an emergency or where otherwise required. All food trucks shall have their own compliment of a minimum 2A10BC (51b) fire extinguisher under current service tag. All food trucks that have fuel -fire equipment shall be provided with adequate ventilation and a commercial kitchen hood extinguishing system. The hood, plenum and duct shall be maintained in a clean and safe operation. The hood suppression system shall be operational and provided with current service tag. 22. Designated Smoking Areas [CFC 3106.4.5]: Smoking shall be permitted only in designated areas. Other areas shall have approved "No Smoking" signs conspicuously posted and maintained. 23. Fireworks/Pyro/Fire Performers: Fireworks, pyrotechnics or fire performers shall require an additional permit and approval. 24. No fireworks, or open flame, or any other device emitting flame or fire or creating a glow capable of igniting combustibles shall be permitted. 25. Surrounding roadways and intersections shall remain readily accessible for passage of emergency response vehicles and private vehicles. There shall be no queuing of vehicles 61 along all surrounding roads for the purposes of dropping off for, picking up for, or entering the event. 26. Roadways/traffic aisles to structures and activities in and around the event will be maintained accessible to emergency vehicles at all times. Parking monitors shall wear light-colored clothing and reflective vests as needed. Flashlights shall be used after dusk. 27. The event is subject to spot inspections by the Police Department, Fire Department, and/or City staff to ensure compliance with the conditions of this letter. 28. Furnishings, decorations or other objects shall not be placed so as to obstruct exits, access thereto, egress therefrom, or visibility thereof. Hangs and draperies shall not be placed over exit doors or otherwise be located to conceal or obstruct an exit. 29. Curtains, draperies, hangings and other decorative materials suspended from walls or ceilings shall meet the flame propagation performance criteria of CCR Title 19 in accordance with section 807.2 or be non-combustible. (CFC 807.1) 30. LP -Gas containers- shall be located outside and adequately protected to prevent tampering, damage by vehicles or other hazards. Equipment such as tanks, valves, tubing and other related components shall be approved. 31. Tents in excess of 400 square feet shall not be erected for any purpose without first obtaining approval and a permit from the Office of the Fire Marshal. Completion/confirmation after the conclusion of the event (if necessary): 32. The event site shall be left clean and in its original manner after the event. All event areas shall be left free of debris after the event concludes. 33. The City of La Quinta Police department reserves the right to bill the event sponsor for any lost police time, equipment, and/or any unforeseen loss that may occur due to the event that requires police action. 34. Any damage to public hardscape caused by this event shall be repaired as directed by the City Engineer. This includes but is not limited to sidewalks, curb and gutter, landscaping, and pavement especially within the surrounding public streets. W STUDY SESSION ITEM NO. 2 City of La Quinta CITY COUNCIL MEETING May 21, 2024 STAFF REPORT AGENDA TITLE: DISCUSS FISCAL YEAR 2024/25 MARKETING AND ECONOMIC DEVELOPMENT STRATEGIES RECOMMENDATION Discuss fiscal year 2024/25 marketing and economic development strategies. EXECUTIVE SUMMARY • Fiscal Year (FY) 2023/24 marketing and economic development strategies focused on local community outreach while promoting local businesses through economic development. • The proposed FY 2024/25 strategies will continue these efforts and also emphasize direct flight markets. • Madden Media will continue as the agency of record for media services as well as public relations and design based on direction from City staff. FISCAL IMPAC, FY 2024/25 marketing budget for Madden Media includes account management, media buys, and additional marketing services in an amount not to exceed $725,000 as detailed below: Marketina and Media Strateaies Breakdown Community Engagement & Tourism $472,940 Economic Development $75,000 Creative, Public Relations, City Branding, Economic Development Branding, & Media Services $177,060 Total $725,000 BACKGROUND/ANALYSIS FY 2024/25 marketing and economic development strategies are focused on local community outreach, direct flight tourism, continuing to evolve the City brand, internal marketing strategies and an enhanced economic development promotion through: 63 • Adding additional media outlets for local outreach • Continued FAQ and informational videos through social media and website distribution • Collaboration with the Greater Coachella Valley Chamber of Commerce on distribution of City events and information • Reviewing and enhancing the Shop La Quinta Local program • Creation of a City of La Quinta Recycling brand through collaboration with Burrtec • Expanding tourism footprint to direct flight markets such as the Pacific Northwest and Western Canada • Promotion of new businesses through video on social media • Continued meetings with new and existing small businesses to grow the relationship between City and business owners • Complete expansion of Public Relations through local, regional and national media providers ALTERNATIVES There are no alternatives. Staff seeks Council input and direction on the proposed FY 2024/25 marketing and economic development strategies full presentation. Prepared by: Marcie Graham, Marketing Manager Approved by: Gilbert Villalpando, Director of Business Unit & Housing Development 64 STUDY SESSION ITEM NO. 3 City of La Quinta CITY COUNCIL MEETING: May 21, 2024 STAFF REPORT AGENDA TITLE: DISCUSS FISCAL YEAR 2024/25 PRELIMINARY PROPOSED BUDGET RECOMMENDATION Discuss fiscal year 2024/25 preliminary proposed budget. EXECUTIVE SUMMARY • This first budget study session focuses on the General Fund and Internal Service Funds. A second City Council budget study session on June 4, 2024 will cover Special Revenue Funds, Capital Funds, and Enterprise Funds of the City. • All departments evaluated budget needs based on the City's priorities and operational needs when preparing their fiscal year (FY) 2024/25 budgets. • Final budget adoption is scheduled for June 18, 2024. FISCAL IMPACT The preliminary General Fund budget projects a deficit of $538,365 with projected General Fund revenues of $80,714,300 (including Measure G sales tax) and proposed operational and capital expenditures of $81,252,665, with no unappropriated Measure G sales tax revenue assigned to reserves. BACKGROUND/ANALYSIS The goal of the May 21 study session is to provide an overview of the General Fund and Internal Service Funds and review the use of Measure G sales tax revenues. Each department section contains notes to explain changes from FY 2022/23 actuals, changes in FY 2023/24, and projections for FY 2024/25. The annual budget outlines the City's financial resources and plan for the City's operations and services for the upcoming year. Community input is a crucial component to the budget process and helps the City develop a budget that reflects the priorities and values of La Quinta residents and businesses. The Financial Advisory Commission provides oversight of Measure G funds and assists with reviewing the FY 2024/25 operating and capital improvement budgets. 65 To encourage citizen participation in public meetings, the 2024/25 budget schedule is available online at: https://www.laguintaca.gov/our-city/city-departments/finance/budget/proposed-budget- 2024-25-timeline PUBLIC DATES M�4 - .2024/25 BUDGET 2/22/2024 Annual Community Workshop 4/2/2024 City Council Meeting Proposed Capital Improvement Program (CIP) Study Session 4/3/2024 Financial Advisory Commission Meeting Proposed Capital Improvement Program (CIP) Study Session 5/8/2024 Financial Advisory commission Meeting Preliminary General Fund Revenue & Expense Projections City Council Meetinc 5/21 /2024 Budget Study Session #1 (General Fund and Internal Service Funds focus City Council Meeting 6/4/2024 Budget Study Session #2 (All Appropriations- General Fund, Internal Service Funds, Enterprise, and Special Revenue Funds) 6/4/2024 Housing Authority Meeting Budget Study Session #1(Housing Funds Only) 6/5/2024 Financial Advisory Commission Meetina Final review of proposed Measure G sales tax uses 6/12/2024 Housing Commission Meeting Final Review of proposed Housing Authority Budget 6/18/2024 City Council Meeting Operating and CIP Budget Adoption 6/18/2024 Housing Authority Meeting Budget Adoption Attachment 1 provides a narrative of General Fund revenues and expenses, Internal Service Funds, and the Redevelopment Agency loan repayment to the City. Line item details for these revenues and expenses are located in Exhibit A of the Attachment. ALTERNATIVES The Council may wish to request further information regarding specific items and provide direction regarding next steps in the overall budget process, prior to budget adoption scheduled for June 18, 2024. Prepared by: Claudia Martinez, Finance Director Jon McMillen, City Manager Attachment: 1. Fiscal Year 2024/25 Proposed Budget Overview ATTACHMENT 1 2024/25 PROPOSED BUDGET STUDY SESSION #1 ta Qw�fra i A1.II()KN1A - The first budget study session is designed to provide an overview of the General Fund and four Internal Service Funds (ISF's). Special Revenue, Capital, and Enterprise Funds will be presented on June 4, 2024. Exhibit A includes proposed revenue and expenditure details for all General Fund and Internal Service Funds. While there is continued uncertainty ahead, the FY 2024/25 Proposed Budget offers the Council, City Staff and the community a sense of optimism as we look forward to 2025. This budget invests in community priorities and continues robust City services through balanced conservative fiscal strategies. This budget makes solid progress towards major capital improvement projects and utilizes reserve funds to make significant investments in road improvements, landscape and median improvements, and public amenities. The FY 2024/25 proposed budget was developed using a moderate approach to revenue projections, is responsive to community needs, and continues to fund and enhance services which are most important to our residents. The City will maintain its focus on infrastructure investments and community priorities, while monitoring the state of the economy in order to shift resources if necessary. The proposed General Fund budget has a projected deficit of $538,365 as a result of conservative increases to revenue estimates along with expenditure projections that meet departmental needs for daily operations. Revenues Less Operating/CIP Expenses Preliminary Budget Surplus Less Measure G Reserves $ 80,714,300 (81,252,665 (538,365) The budget provides resources for public safety, daily operations, and capital improvements for the upcoming fiscal year. Projections are anticipated to change prior to budget adoption. The final proposed budget will be structurally balanced. 67 REVENUES The City's revenue estimates for FY 2024/25 represent a $1,506,200 increase over the current FY 2023/24 projections, revenues by category are summarized below: General Fund Revenues 2023/24 Original Taxes 62,630,000 License & Permits 2,521,300 Intergovernmental 9,178,000 Charges for Services 963,200 Fines & Assessment 465,500 Other/Misc. 2,720,100 Total Revenues 78,478,100 2023/24 2024/25 Change Current Proposed Current v. proposed 62,630,000 63,270,000 640,000 2,556,300 2,386,500 (169,800) 9,178,000 11,253,000 2,075,000 1,123,200 1,028,700 (94,500) 495,500 341,000 (154,500) 3,225,100 2,435,100 (790,000) 79.208.100 80,714.300 1.506.200 The FY 2024/25 projected revenue outlook for the City is conservative, but takes into account how the economy has impacted the original estimates from the FY 2023/24 budget adopted in June 2023. Responsible financial management and strong sales tax growth have put the City in a positive financial position, as this growth is needed to cover the increasing cost of existing service delivery. Major general revenues, such as property taxes, sales taxes, franchise fees, and transient occupancy taxes are projected by the Finance Department based on prior history, growth and inflation projections, and economic climate. Subject -matter experts such as the City's sales tax consultant, the County Assessor, and regional and local economic forecasts also assist in the projection of revenues. Taxes - The City's top three revenue sources for the General Fund total $54,590,000 (or 68% of the total $80,714,300) and continue to be: • Sales Taxes $27,500,000 • Transient Occupancy Taxes (TOT) $15,340,000 • Property Taxes $11,750,000 Sales tax revenue is highly sensitive to economic conditions, and reflects the factors that drive taxable sales, including levels of unemployment, consumer confidence, per -capita income, and business investment. Based on the current fiscal year budget, sales tax is anticipated to decrease by $700,000 and Measure G by $200,000. Property Tax revenues are based on a 1.0% levy on the assessed value of all real property. Under the terms of Proposition 13, approved in California in 1978, annual increases in the assessed value are capped at a maximum of 2% per year unless there is a change in ownership or new construction. Annual increases in assessed value are limited by either the California .: Consumer Price Index (CPI) or the 2% cap, whichever is less. Increased home values and sales have driven assessed valuations higher than the 2% cap. The City of La Quinta imposes a Transient Occupancy Tax (TOT) upon all hotel stays within the City boundaries at a rate of 11 % and short-term vacation rentals (STVR) at 10%. Major economic drivers for TOT revenue include room rates, average occupancy rates, and seasonal and non -seasonal tourism. The projected increase over the current year remains steady and is based on current trends and an increase in room rates. Licenses & Permits - Development -related permit fees largely account for the decrease of $169,800 in this category when compared to the current FY 2023/24 budget. While the economy continues to expand, we are beginning to see a slowdown in new projects due to construction costs and uncertainty about future economic trends; therefore, a flat projection is anticipated. Intergovernmental - The majority of the revenues in this category are derived from fire service property taxes restricted for fire services, which accounts for an increase of $2 million compared to last fiscal year largely due to an increase in Redevelopment Property Tax Trust Fund or RPTTF, and overall assessed valuations of property values. The revenue is recognized as current year collections or use of reserves; we are not anticipating using reserves based on current estimates provided by the County, similar to the prior fiscal year. Charges for Services - Leisure activities, wellness center memberships, and recreational sports fees have been increased due to current fiscal year activity and anticipated growth. In addition, services related to building and public works plan checks have been slightly decreased due to anticipated slower growth due to costs. Fines & Assessments - An overall decrease of $154,500 is anticipated for administrative citations due to increased compliance and enforcement measures with the STVR program and parking violations reflective of FY 2023/24 year-to-date activity. Use of Money & Property/Miscellaneous — The proposed budget for investment interest earnings recognizes the fluctuating interest rate environment generating higher expected yields, a moderate decrease is anticipated to account for the uncertainty of rates. At the close of the second quarter of FY 2023/24, the average portfolio rate of return was 3.35%, as compared to 1.98% in the prior year. EXPENSES City staff and management have been prudent in their spending to ensure budgets are in line to end the current fiscal year with savings. While there is uncertainty ahead, the proposed budget reflects prudent investments in staffing and programs to reflect community needs and support Council's priority initiatives. This ensures the continued support and stability of our workforce, the key to delivering all of our City's programs and services, and ensuring that they are delivered efficiently and effectively. .• A summary of expenses by department is provided in the chart below, along with an explanation of major variances specific to departments. Overall increases affecting all departments include salary and benefits (annual step increases and CalPERS rates), annual contract rates, utility rates, and inflationary impacts on goods and services. 2023124 2023/24 2024/25 Change General Fund Expenditures Original Current Proposed Current v. Proposed City Council 317,900 317,900 346,400 28,500 City Manager Department 1,588,360 1,588,360 1,641,100 52,740 Marketing & Community Relations 1,814,660 1,814,660 1,932,600 117,940 City Attorney 800,000 800,000 800,000 - City Clerk Department 1,169,670 1,169,670 1,406,570 236,900 Human Resources 651,800 701,300 745,900 44,600 Police 18,583,800 18,618,300 19,643,300 1,025,000 Fire 9,889,120 10,247,120 10,547,110 299,990 Community Services Administration 888,160 1,038,160 716,400 (321,760) Wellness Center Operations 837,870 837,870 683,600 (154,270) Recreational Programs & Events 1,578,150 1,578,150 1,956,000 377,850 Code Compliance/Animal Control 1,713,340 1,720,340 1,821,340 101,000 Public Safety Administration 322,300 331,800 269,890 (61,910) Parks Maintenance 4,144,950 4,219,450 4,649,300 429,850 Public Buildings 1,715,750 1,715,750 1,875,750 160,000 Public Works Administration 821,900 821,900 835,797 13,897 Public Works Development Services 532,900 532,900 539,383 6,483 Streets Department- Traffic 885,750 885,750 1,036,550 150,800 Engineering Services 1,007,600 1,404,100 1,234,400 (169,700) Design & Development Administration 811,600 811,600 826,800 15,200 Planning 707,400 717,400 856,900 139,500 Building 1,398,700 1,523,700 1,513,600 (10,100) The Hub 1,341,700 1,341,700 1,499,875 158,175 Finance 1,957,270 1,957,270 2,103,500 146,230 Centralized Services 17,348,100 44,243,481 21,770,600 (22,472,881) I Expenditures 72,828,750 100,938,631 81,252,665 (19,685,966) Significant department adjustments include: Police and Fire: Police and fire contract expenses are incorporated using estimates from the County of Riverside, final numbers will be reflective of rates once contracts are approved. These combined budgets are a total of $30,190,410 or 37% of the proposed General Fund budget. City Clerk Department: An increase in contract services which include election services for the November 2024 elections, a comprehensive fee study update, and software enhancements for the STVR compliance software. 70 Recreational Programs and Events: An increase in contract services for operations of the Fritz Burns pool due to staffing costs along with additional programs and events for year-round programming. In addition, the conversion of part-time employees to full-time employees to serve the Wellness Center's expanded hours and events. Parks Maintenance: An increase is due to the citywide landscape maintenance contract to include increased service levels and tree inventory asset management, utilities, and ongoing maintenance costs for parks. Streets (Traffic): An increase is anticipated for additional storm drain cleaning and sign inventory replacement that is being continued from the current fiscal year. Centralized Services_- This department budget captures citywide expenses. Annually this division's budget fluctuates most because it captures large one-time expenses such as pension and OPEB (Other Post -Employment Benefits) trust contributions, building improvements, land acquisition, and capital improvement carryovers for multi -year projects. The FY 2024/25 annual pension liability contribution of $200,000, which is a $730,000 decrease from the prior year, covers the Classic Tier, Tier 2 and PEPRA. In FY 2023/24, the City approved an additional discretionary payment of $10.2 million to pay down the current balance of the City's unfunded pension obligations, which has impacted the upcoming year's annual payment. This action places the City in a secure financial position as we navigate through the changing economic climate. In June, Staff will present additional options to pay down pension obligations during the FY 2023/24 budget update report by utilizing budget surplus. To continue the City's efforts of staff development and succession planning, managing CalPERS rate increases, responding to labor market adjustments, and to address staffing needs, an increase of $500,000 is recommended to execute these principles. INTERNAL SERVICE FUNDS (ISF) ISF are used to account for activities involved in rendering services to departments within the City. Costs of materials and services used are accumulated in these funds and charged to user departments based on personnel and large equipment assigned to each. The following is a summary of expenses by ISF: INTERNAL SERVICE FUNDS SUMMARY Current Proposed Fund FY 23124 FY 24/25 Variance Equipment Replacement 2,331,044 1,358,750 (972,294) Information Technology 3,277,620 3,217,945 (59,675) Park Equipment 3,092,200 2,000,000 (1,092,200) Insurance Fund 1,118,000 1,058,000 (60,000) 9,818,864 7,634,695 (2,184,169) 71 Equipment Replacement Fund — The decrease in this fund is due to a reduction in vehicle lease costs due to the City's vehicle purchase program and major equipment purchases in FY 2023/24 that are not anticipated in the upcoming year. Information Technology Fund — A slight decrease in software implementation is to account for the Public Works asset management software that was implemented in FY 2023/24. Park Equipment Fund — The increase of $1,092,200 is mainly attributed to one-time playground enhancements in FY 2023/24 which included shade canopy replacements, benches, drinking fountains, and upgraded playground and fitness equipment. Insurance Fund — An overall decrease of $60,000 is due to the estimated insurance premiums provided by California Joint Powers Authority (CJPIA), final projections will be provided at budget adoption. MEASURE G SALES TAX Measure G sales tax revenue is anticipated to be $15,500,000 and is allocated as presented below in the proposed budget. The Financial Advisory Commission will be reviewing the proposed uses of Measure G revenues at the June 5t" meeting. Measure G Sales Tax Revenue $ 15,500,000 Police Services (7,300,000) Capital Improvements (8,200,000) REDEVELOPMENT LOAN REPAYMENT The City's Last and Final Recognized Obligation Payment Schedule (ROPS) for the Successor Agency (former Redevelopment Agency) includes an annual loan repayment. For 2024/25 the total loan repayment is $3,505,817 which is allocated 80% to the General Fund ($2,804,654) and 20% ($701,163) to the Housing Authority Fund. These revenues will be recognized in unassigned reserves in each fund and are not allocated to current expenses. The final loan repayment is scheduled for FY 2029/30. Remaining outstanding loan repayments after 2024/25 total $18,173,918. 72 PUBLIC PARTICIPATION The annual budget outlines the City's financial resources and plan for the City's operations and services for the upcoming year. Community input is a crucial component to the budget process and helps the City develop a budget that reflects the priorities and values of La Quinta residents and businesses. To encourage citizen participation in public meetings, the 2024/25 budget schedule is available on the City's website and is noted below: https://www.laguintaca.gov/our-city/city-departments/finance/budqet/proposed-budget-2024- 25-timeline PUBLIC MEETING DATES FISCAL YEAR 2024/25 BUDGET 2/22/2024 Annual Community Workshop 4/2/2024 City Council Meeting Proposed Capital Improvement Program CIP Study Session 4/3/2024 Financial Advisory Commission Meeting Proposed Capital Improvement Program CIP Study Session 5/8/2024 Financial Advisory Commission Meeting Preliminary General Fund Revenue & Expense Projections City Council Meeting 5/21/2024 Budget Study Session #1 (General Fund and Internal Service Funds focus City Council Meeting 6/4/2024 Budget Study Session #2 (All Appropriations- General Fund, Internal Service Funds, Enterprise, and Special Revenue Funds) 6/4/2024 Housing Authority Meeting Budget Study Session #1(Housing Funds Only) 6/5/2024 Financial Advisory Commission Meeting Final review of proposed Measure G sales tax uses 6/12/2024 Housing Commission Meeting Final Review of proposed Housing Authority Budget 6/18/2024 City Council Meeting Operating and CIP Budget Adoption 6/18/2024 Housing Authority Meeting Bud et Ado tion 73 MEASURE G REVENUE AND USES SUMMARY MEASURE G REVENUES AND USES SUMMARY =fiscal Year FY) 2016/17 Actual $ 1462650 >-017/18 Actual 9:967:657 >-018/19 Actual 10,958,118 t019/20 Actual 10,310,526 >-020/21 Actual 12,594,389 M21/22 Actual 15,615,802 Z022/23 Actual 16,088,087 t023/24 Budget (Current) 15,700,000 >024/25 Budget (Proposed) 15,500,000 TOTAL $ 108,197,229 Year Earned Project Description Operational Capital Reserves Total by Year 2016/17 Eisenhower Dr. Retention Basin 750,000 Washington St. Connector to Art& Music Line 712,650 - 1,462,650 2017/18 Public Safety Fund 300,000 North La Quinta Landscape Improvements 1,802,576 Citywide Drainage Enhancements 2,407,373 La Quinta Village Road Diet Project 1,972,158 X-Park Funding 147,350 Alongi Building Improvements 800,000 SilverRock Event Site 321,900 SilverRock Event Site 244,700 Alongi Building at SilverRock Event Site 160,000 SilverRock Event Site 290,000 SilverRock Event Site Retention Basin 10,000 SilverRock Event Site Retention Basin 427,250 Measure G Reserves 17/18 1,084,350 9,967,657 2018/19 Public Safety Fund 850,000 Public Safety Contract Services 2,100,000 Citywide Drainage Enhancements 194,730 North La Quinta Landscape Improvements 2,129,613 SilverRock Event Site 1,300,000 Measure G Reserves 18/19 4,383,775 10,958,118 2019/20 Public Safety Contract Services 2,750,000 Corporate Yard Administration/Crew Quarters 411,013 Highway 111 Corridor Improvements 1,000,000 North La Quinta Landscape Improvements 3,703,369 Village Art Plaza Promenade 310,000 Measure G Reserves 19/20 2,136,144 10,310,526 2020/21 Public Safety Contract Services 4,545,000 X-Park Landscaping 275,000 Highway 111 Corridor Improvements 250,000 Measure G Reserves 2020/21 7,524,389 12,594,389 2021/22 Public Safety Contract Services 5,163,000 Landscape Renovation Improvements 1,408,356 Highway 111 Corridor Improvements 1,000,000 Fritz Burns Park Improvements 350,000 Allocate Bridge Funding 7,468,061 Measure G Reserves 2021/22 226,385 15,615,802 2022123 Public Safety Contract Services 5,100,000 Landscape Renovation Improvements 500,000 Sports Complex Lighting 300,000 Village Underground Utilities Feasibility 100,000 ADA Transition Plan Update 150,000 Village Parking Lot 500,000 Phase II Public Safety Camera System 1,797,000 Smart Infrastructure Feasibility 250,000 Highway 111 Corridor Improvements 1,000,000 Dune Palms Bridge Advance Funding Reimbursement (7,468,061) Measure G Reserves 2022/23 13,859,148 16,088,087 2023/24 Public Safety Contract Services 5,100,000 Highway 111 Corridor Improvements 1,000,000 Avenue 48 Art and Music Line 2,400,000 Fritz Bums Park Improvements 1,500,000 Highway 111 Event Site 500,000 Washington St. Connector to Art & Music Line 1,200,000 Measure G Reserves 2023/24 4,000,000 15,700,000 2024/25 Public Safety Contract Services 7,300,000 Maintenance & Operations Yard 400,000 Cultural Campus 1,000,000 Highway 111 Corridor Area Plan Implementation 3,050,000 Fritz Burns Park Improvements 2,500,000 Citywide Dog Park Improvements 500,000 Welcome Center Improvements 750,000 Measure G Reserves 2024/25 - - 15,500,000 $ 92,497,229 TOTAL $ 25,908,000 $ 41,775,038 $ 33,214,191 26 % 41 % 33 74 EXHIBIT A CITY OF LA QUINTA ., . ... r � }! _ - -.. �/� .. _ _�� ry�1�'ik.c •�9 '.:d;• f }Y'_ �„� � .�ira A.. ��.�" �-wf � � r ._� - _ ,y'•••T - � � -.� ,fir .��'f .�.,� J�,P,.� +.. .�4��-: •`�.. Vw Proposed Budget taQ��, THIS PAGE INTENTIONALLY LEFT BLANK Mg CITY OF LA QUINTA FY 2024/25 PROPOSED BUDGET The annual budget process coordinates the allocation of city revenues for essential services such as police and fire, community programs and events, and capital improvement projects. The City invites you to participate and/or track public meetings regarding the fiscal year 2024/25 budget. Proposed public meeting dates are summarized below and as meetings occur budget information presented will be available online on a dedicated City webpage within the Finance Department at: https://www.laquintaca.gov/our-city/city-departments/finance/budget/proposed-budget-2024- 25-timeline Questions regarding the fiscal year 2024/25 budget may be directed to finance@laquintaca.gov or by calling 760-777-7055. 2/22/2024 Annual Community Workshop 4/2/2024 City Council Meeting Proposed Capital Improvement Program (CIP) Study Session 4/3/2024 Financial wavisory commission ivieeti% Proposed Capital Improvement Program (CIP) Study Session 5/8/2024 Financiai Advisory Commission ivieeimb Preliminary General Fund Revenue & Expense Projections City Council Meeting 5/21/2024 Budget Study Session #1 (General Fund and Internal Service Funds focus City Council Meeting 6/4/2024 Budget Study Session #2 (All Appropriations- General Fund, Internal Service Funds, Enterprise, and Special Revenue Funds) 6/4/2024 Housina Authoritv Meetincf Budget Study Session #1(Housing Funds Only) 6/5/2024 Financial Advisory Commission Meetina Final review of proposed Measure G sales tax uses 6/12/2024 Housing Commission Meeting Final Review of proposed Housing Authority Budget 6/18/2024 City Council Meeting Operating and CIP Budget Adoption 6/18/2024 Housing Authority Meeting Budget Adoption 77 CITY OF LA QUINTA FY 2024/25 PROPOSED BUDGET ESTIMATED CURRENT RESOURCES: = REVENUES: TAXES $ 63,270,000 LICENSES & PERMITS 2,386,500 INTERGOVERNMENTAL 11,253,000 CHARGES FOR SERVICES 1,028,700 FINES & ASSESSMENTS 341,000 OTHER/MISCELLANEOUS 2,435,100 • • :l �i ESTIMATED CURRENT REQUIREMENTS: EXPENDITURES: CITY COUNCIL $ 346,400 CITY MANAGER DEPARTMENT 4,319,600 CITY MANAGER'S DIVISION 1,641,100 HUMAN RESOURCES 745,900 MARKETING/COMMUNITY RELATIONS 1,932,600 CITY ATTORNEY 800,000 CITY CLERK DEPARTMENT 1,406,570 COMMUNITY SERVICES 3,356,000 CS ADMINISTRATION 716,400 WELLNESS CENTER OPERATIONS 683,600 RECREATION PROGRAMS/SPECIAL EVENTS 1,956,000 PUBLIC SAFETY 32,281,640 POLICE 19,643,300 FIRE 10,547,110 CODE COMPLIANCE/ANIMAL CONTROL 1,821,340 PUBLIC SAFETY ADMINISTRATION 269,890 PUBLIC WORKS 10,171,180 PARKS MAINTENANCE 4,649,300 PUBLIC BUILDINGS 1,875,750 PUBLIC WORKS ADMINISTRATION 835,797 DEVELOPMENT SERVICES 539,383 STREETS- TRAFFIC 1,036,550 ENGINEERING SERVICES 1,234,400 DESIGN & DEVELOPMENT 4,697,175 D&D ADMINISTRATION 826,800 PLANNING 856,900 BUILDING 1,513,600 THE HUB 1,499,875 FISCAL SERVICES 23,874,100 FINANCE 2,103,500 CENTRAL SERVICES (Includes CIP) 21,770,600 TOTAL ESTIMATED CURRENT REQUIREMENTS PRELIMINARY BUDGET SURPLUS $ (538,365) LESS MEASURE G SALES TAX RESERVES - 78 CITY OF LA QUINTA 2022/23 Actuals GENERAL FUND REVENUE DETAILS 2023/24 2023/24 Original Budget Current Budget 2023/24 YTD Activity* 2024/25 Proposed FY 2024/25 PROPOSED BUDGET 24/25 vs. % Change Current 23/24 in Budget 310 - Tax Revenues 101-0000-40310 Property Tax Revenue 3,098,566 3,200,000 3,200,000 2,057,955 3,400,000 200,000 6% 101-0000-40311 No -Low City Property Ta> 5,388,267 4,985,000 4,985,000 3,110,841 5,300,000 315,000 6% 101-0000-40315 RPTTF Pass Through 2,736,932 2,860,000 2,860,000 1,651,168 3,050,000 190,000 7% 101-0000-41320 State Sales Tax 12,799,992 12,700,000 12,700,000 6,999,166 12,000,000 (700,000) -6% 101-0000-41326 Measure G Sales Tax 16,088,087 15,700,000 15,700,000 8,954,840 15,500,000 (200,000) -1% 101-0000-41327 Document Transfer Tax 926,743 650,000 650,000 536,885 720,000 70,000 11% 101-0000-41400 TOT - Hotels 9,772,760 8,700,000 8,700,000 6,760,379 9,370,000 670,000 8% 101-0000-41401 TOT - Short Term Vac. Ri 6,415,354 5,800,000 5,800,000 4,160,988 5,500,000 (300,000) -5% 101-0000-41402 TOT - Bed and Breakfast 103,272 90,000 90,000 78,484 100,000 10,000 11% 101-0000-41416 TOT - Resort Fees 396,342 375,000 375,000 276,197 370,000 (5,000) -1% 101-0000-41505 Franchise Taxes - Burrtec 1,188,773 1,050,000 1,050,000 813,314 1,130,000 80,000 8% 101-0000-41508 Southern California Gas F 246,641 200,000 200,000 0 190,000 (10,000) -5% 101-0000-41509 Cable Television Franchis 677,929 675,000 675,000 312,523 620,000 (55,000) -8% 101-0000-41510 Communications Franchi< 195,772 200,000 200,000 85,216 170,000 (30,000) -15% 101-0000-41800 Property Tax in Lieu of VI 5,110,569 5,445,000 5,445,000 2,815,553 5,850,000 405,000 7% 63,270,000 640,000 10/0 310 - Tax Revenues Totals: 65,145,998 62,630,000 62,630,000 38,613,507 320 - Licenses & Permits 101-0000-41411 STVR Inspection Fee 2,275 2,000 2,000 1,300 2,000 0 0% 101-0000-41415 STVR Registration Fee 962,500 940,000 940,000 818,500 900,000 (40,000) -4% 101-0000-41600 Business Licenses 431,498 350,000 350,000 285,666 355,000 5,000 1% 101-0000-41602 STVR Business Licenses 51,582 60,000 60,000 46,015 60,000 0 0% 101-0000-41610 Film Permits 1,091 1,500 1,500 1,175 1,500 0 0% 101-0000-42400 Building Permits 1,009,315 315,000 315,000 399,844 335,000 20,000 6% 101-0000-42401 Plumbing Permits 175,858 72,000 72,000 46,549 50,000 (22,000) -31% 101-0000-42402 Mechanical Permits 175,576 81,000 81,000 61,123 65,000 (16,000) -20% 101-0000-42403 Electrical Permits 154,126 61,000 61,000 49,311 50,000 (11,000) -18% 101-0000-42404 Miscellaneous Permits 340,078 170,000 170,000 174,306 160,000 (10,000) -6% 101-0000-42405 Garage Sale Permits 4,540 5,000 5,000 4,680 5,000 0 0% 101-0000-42408 Grading Permits 58,539 20,000 20,000 6,530 10,000 (10,000) -50% 101-0000-42420 Fire Plan Review Fee 69,618 65,000 100,000 99,965 85,000 (15,000) -15% 101-0000-42421 Fire Inspection Fee 142,218 100,000 100,000 50,669 100,000 0 0% 101-0000-42430 Transportation Permits 578 2,000 2,000 1,098 1,000 (1,000) -50% 101-0000-42431 Conditional Use Permits 63,591 21,000 21,000 20,061 10,000 (11,000) -52% 101-0000-42433 Minor Use Permit 2,668 3,000 3,000 0 1,000 (2,000) -67% 101-0000-42434 Sign Permit 26,076 17,000 17,000 13,004 12,000 (5,000) -29% 101-0000-42435 Site Development Permit 76,941 55,000 55,000 63,210 55,000 0 0% 101-0000-42436 Final Landscaping Plans 17,296 10,000 10,000 11,270 10,000 0 0% 101-0000-42437 Development Agreement 3,446 6,800 6,800 8,225 6,000 (800) -12% 101-0000-42439 Temporary Use Permit 1,656 3,000 3,000 7,035 3,000 0 0% 101-0000-43632 Public Works Permits 212,483 150,000 150,000 93,186 100,000 (50,000) -33% 101-0000-43638 NPDES Inspections 11,365 11,000 11,000 6,923 10,000 (1,000) -9% 320 - Licenses & Permits Totals: 3,994,913 2,521,300 2,556,300 2,269,645 2,386,500 (169,800) -7% 330 - Intergovernmental 101-0000-41710 State Gov't Revenue 203,682 0 0 0 0 0 0% 101-0000-42500 Fire Service Credit 9,473,316 9,000,000 9,000,000 6,288,398 11,000,000 2,000,000 22% 79 CITY OF LA QUINTA 101-0000-43100 FEMA 101-0000-43633 CSA 152 Assessments 101-0000-43650 Contributions from Other 330 - Intergovernmental Totals: 340 - Charges for Services 2022/23 GENERAL FUND REVENUE DETAILS FY 2024/25 PROPOSED BUDGET 2023/24 2023/24 2023/24 2024/25 24/25 vs. % Change i inal Budget Current Budget YTD Activity* Proposed Current 23 24 in Bud et 33,247 0 0 0 0 0 0% 275,816 175,000 175,000 520,573 250,000 75,000 43% 3,000 3,000 3,000 0 3,000 0 0% 9,989,060 9,178,000 9,178,000 6,808,970 11,253,000 2,075,000 23% 101-0000-42200 Leisure Enrichment 13,313 11,000 11,000 6,490 11,000 0 0% 101-0000-42210 Youth Sports 45,710 40,000 40,000 32,310 40,000 0 0% 101-0000-42211 Adult Sports 8,207 5,000 5,000 1,220 5,000 0 0% 101-0000-42212 Facility Rentals 7,959 10,000 10,000 12,766 10,000 0 0% 101-0000-42213 Special Events 0 5,000 5,000 350 5,000 0 0% 101-0000-42214 Wellness Center Leisure 1 16,556 10,000 10,000 20,404 15,000 5,000 50% 101-0000-42216 Wellness Center Special 1 0 1,000 1,000 648 1,000 0 0% 101-0000-42218 Wellness Center Member: 88,602 50,000 80,000 83,170 80,000 0 0% 101-0000-42300 Cash Over/Short 0 0 0 1,009 0 0 0% 101-0000-42303 NSF Charges 75 100 100 135 100 0 0% 101-0000-42412 Minor Adjustment, Plan C 33,360 20,000 20,000 11,363 10,000 (10,000) -50% 101-0000-42415 Tentative Tract Map 33,124 20,000 20,000 23,788 20,000 0 0% 101-0000-42416 Digitization/Records Man, 54,190 30,000 30,000 34,180 20,000 (10,000) -33% 101-0000-42417 Modification by Applicant 1,975 2,500 2,500 2,730 2,500 0 0% 101-0000-42440 Appeals - Permits, Licens 750 1,500 1,500 250 1,000 (500) -33% 101-0000-42441 Planning Compliance Rev 838 500 500 922 500 0 0% 101-0000-42443 Zone Change 1,702 10,500 10,500 13,552 11,000 500 5% 101-0000-42445 Environmental Assessme 12,254 7,000 7,000 3,158 5,000 (2,000) -29% 101-0000-42446 General Plan Amendment 11,379 11,000 11,000 11,899 12,000 1,000 9% 101-0000-42447 Home Occupations 6,658 7,000 7,000 6,617 7,000 0 0% 101-0000-42448 Tentative Parcel Map 14,238 10,000 10,000 11,221 11,000 1,000 10% 101-0000-42451 Specific Plan 5,194 12,000 12,000 12,736 12,000 0 0% 101-0000-42456 Lot Exemption Fee 0 0 0 3,000 0 0 0% 101-0000-42460 Pre -Application Review 6,069 8,000 8,000 7,577 8,000 0 0% 101-0000-42600 Building Plan Check Fees 933,046 500,000 500,000 503,652 550,000 50,000 10% 101-0000-42610 SMIP Fees 1,409 500 500 177 500 0 0% 101-0000-42615 CBSC Administrative Fee: 1,409 600 600 0 600 0 0% 101-0000-42810 Public Works Dev. Plan C 223,062 160,000 290,000 314,576 160,000 (130,000) -45% 101-0000-43631 CVMSHCP Admin Fee 5,911 2,500 2,500 697 2,500 0 0% 101-0000-43635 VGPS TBID Admin Fee 31,868 27,500 27,500 8,954 28,000 500 2% 340 - Charges for Services Totals: 1,558,859 963,200 1,123,200 1,129,550 1,028,700 (94,500) -80/o 350 - Fines, Forfeitures & Abatements 101-0000-42700 Administrative Citations 339,246 240,000 240,000 119,338 120,000 (120,000) -50% 101-0000-42701 Lot Abatement 931 5,000 5,000 6,789 5,500 500 10% 101-0000-42702 Vehicle Abatement 42,773 35,000 35,000 30,315 35,000 0 0% 101-0000-42703 Vehicle Impound Fee 55,457 65,000 65,000 40,350 65,000 0 0% 101-0000-42705 Motor Vehicle Code Fines 69,488 60,000 60,000 27,995 60,000 0 0% 101-0000-42706 Parking Violations 22,702 35,000 35,000 7,809 15,000 (20,000) -57% 101-0000-42707 Misc Fines 1,221 1,500 1,500 284 1,500 0 0% 101-0000-42708 Graffiti Removal 8,071 9,000 9,000 0 9,000 0 0% :1 CITY OF LA QUINTA 101-0000-42709 False Alarm Fees - Police 101-0000-42710 False Alarm Fees - Fire - Fines, Forfeitures & Abatements Totals; 360 - Use of Money & Property GENERAL FUND REVENUE DETAILS FY 2024/25 PROPOSED BUDGET 2022/23 2023/24 2023/24 2023/24 2024/25 24/25 vs. 0/b Change Actuals Original Budget Current Budget YTD Activity* Proposed Current 23 24 in Bud et 19,222 10,000 40,000 31,031 25,000 (15,000) -38% 4,383 5,000 5,000 (93) 5,000 0 0% 563,495 465,500 495,500 263,818 341,000 (154,500) -31% 101-0000-41900 Allocated Interest 2,865,841 1,700,000 1,700,000 (126,588) 1,500,000 (200,000) -12% 101-0000-41910 GASB 31 Interest (893,437) 0 0 0 0 0 0% 101-0000-41930 Interest Revenue 45,221 0 0 0 40,000 40,000 0% 101-0000-42120 Lease Revenue 143,553 160,000 160,000 108,769 150,000 (10,000) -6% 360 - Use of Money & Property Totals: 2,161,178 1,860,000 1,860,000 (17,819) 1,690,000 (170,000) -90/0 370 - Miscellaneous 101-0000-41410 Zoning Change Mitigatior 101-0000-41504 AMR Compliance 101-0000-41507 Burrtec Admin Cost Reim 101-0000-41920 Memorial Tree Revenue 101-0000-42000 Insurance Recoveries 101-0000-42140 Sales of Publications & M 101-0000-42301 Miscellaneous Revenue 101-0000-42305 Miscellaneous Reimburse 101-0000-43505 Credit Card Fee Revenue 101-0000-45000 Sale of Other Assets 101-0000-48500 Extraordinary Gain 370 - Miscellaneous Totals: 1,612,340 550,000 810,000 806,287 0 20,000 105,000 182,784 66,614 110,000 135,000 135,146 1,000 0 0 500 46,299 5,000 5,000 912 640 100 100 0 113,339 60,000 60,000 37,458 168,735 75,000 195,000 189,237 59,589 40,000 55,000 58,318 29,994 0 0 2,227 381,192 0 0 0 450,000 (360,000) -44% 50,000 (55,000) -52% 125,000 (10,000) -7% 0 0 0% 5,000 0 0% 100 0 0% 25,000 (35,000) -58% 50,000 (145,000) -74% 40,000 (15,000) -27% 0 0 0% 0 0 0% 2,479,742 860,100 1,365,100 1,412,870 745,100 (620,000) -45% 380 - Transfers In 101-0000-49500 Transfers In 5,000,000 0 0 0 I 0 0 0% 380 - Transfers In Totals: 5,000,000 0 0 0 0 0 00/0 90,893,246 78,478,100 79,208,100 50,480,541 1 80,714,300 1,506,200 2% 81 CITY OF LA QUINTA GENERAL FUND REVENUE NOTES FY 2024/25 PROPOSED BUDGET Fund: 101 - GENERAL FUND 101-0000-40310 = Property Tax Revenue 3,400,000.00 Property tax estimates are provided by HdL consulting services. Actual valuation changes due to the annual 2% Proposition 13 increase, as well as transfers of ownership are included, but completed new construction is not (unless the property was completed and sold in 2023). The City participates in the Teeter Droaram, therefore no delinauencies are assumed. 101-0000-41320 State Sales Tax 12,000,000.00 Bradley Burns (local share of state sales tax) is 1% of the current sales tax rate (8.75%). HdL consulting services budget estimates are factored into projections along with reviews of industry and economic reports and local trends. 101-0000-41326 Measure G Sales Tax 15,500,000.00 Transaction and use sales tax is 1% of the current sales tax rate (8.75%) and is also known as Measure G. Online transactions, as well as big -ticket consumer goods delivered to local addresses drive this number. 101-0000-41400 TOT - Hotels 9,370,000.00 Transient occupancy tax for hotels is 11%. Leisure and hospitality make up 25% of the employment sector in the Coachella Valley and is anticipated to remain strong in the upcoming year due to increased events valleywide. 101-0000-41401 TOT - Short Term Vac. Rentals 5,500,000.00 Transient occupancy tax for short-term vacation rentals (STVR) is 10%. Consumer demand for STVRs continues to be strong. 101-0000-41402 TOT - Bed and Breakfast 100,000.00 Transient occupancy tax for bed and breakfast is 10%. 82 CITY OF LA QUINTA GENERAL FUND REVENUE NOTES FY 2024/25 PROPOSED BUDGET 101-0000-41410 101-0000-41415 101-0000-41416 101-0000-41505 101-0000-41507 101-0000-41800 Zoning Change Mitigation Fees 450,000.00 Fees are charged based on development agreements, whereby former commercial property was converted to housing developments and mitigation fees cover lost revenue from the change in development type. STVR Registration Fee 900,000.00 Short-term vacation rental registration fees are updated annually with the City's Master Fee Schedule update. TOT - Resort Fees 370,000.00 TOT levied on resort fees which are charged by some hotels. The City provides an annual incentive rebate program for hotels collecting TOT on resort fees. Rebate programs are budgeted in Centralized Services. Franchise Taxes - Burrtec 1,130,000.00 Burrtec Franchise Fee is based on an agreement with the City and is adjusted annually on January 1st per a consumer price index. Burrtec Admin Cost Reimburse 125,000.00 Base amount of $108,000 adjusted annually on January 1 by the change in the Consumer Price Index (CPI) and ending on 6/30/2037. Property Tax in Lieu of VLF 5,850,000.00 Property tax in lieu of vehicle license fee (VLF) is derived from the 2004 property tax swap whereby cities receive property tax allocation in lieu of VLF's. The VLF allocation can change annually based on the percent increase in property valuations. 83 CITY OF LA QUINTA GENERAL FUND REVENUE NOTES FY 2024/25 PROPOSED BUDGET 101-0000-41900 Allocated Interest 1,500,000.00 Interest rates are anticipated to level off into FY 2024/25 as the Federal Reserve has raised rates in an attempt to curb inflation in the current year. Maturing securities will be reinvested at potentially higher rates and the Local Agency Investment Fund (LAIF) yield will rise as well. 101-0000-42200 Leisure Enrichment 11,000.00 Various leisure enrichment activity revenues were budgeted with no increase, based on FY 23/24 actual amounts. The City continues working on building addtional programming. 101-0000-42218 Wellness Center Memberships 80,000.00 The Wellness Center continues to work on increasing memberships and has expanded services to six -day operations. Membership fees are limited to new members. 101-0000-42420 Fire Plan Review Fee 85,000.00 Fire Plan Reviews are conducted in-house by Riverside County Fire Inspectors. 101-0000-42421 Fire Inspection Fee 100,000.00 101-0000-42440 101-0000-42500 Fire Inspections are conducted in-house by Riverside County Fire Inspectors. Appeals - Permits, Licenses, Pr 1,000.00 Appeals for permits, licenses, and violations are captured in this revenue line item. Fire Service Credit 11,000,000.00 Property tax revenue restricted for fire services. 84 CITY OF LA QUINTA GENERAL FUND REVENUE NOTES FY 2024/25 PROPOSED BUDGET 101-0000-42709 101-0000-43633 101-0000-43650 False Alarm Fees - Police 25,000.00 False alarm fees are expected to increase due to City's enforcement efforts in collection of fees for Sheriff's responses to false alarms. CSA 152 Assessments 250,000.00 Annual revenue generated through property tax collection and held by the County until reimbursements for qualified expenditures are submitted by the City. Contributions from Other Agen 3,000.00 The approved Last and Final Recognized Obligation Payment Schedule (ROPS) includes an annual administrative fee reimbursement for the City to perform the wind down activities associated with the former Redevelopment Agency. 85 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2024/25 PROPOSED BUDGET 2022/23 2023/24 2023/24 2023/24 2024/25 24/25 vs. % Change Actuals Original Budget Current Budget YTD Activity* Proposed Budget Current 23/24 in Budget 1001 - City Council 50 - Salaries and Benefits 101-1001-50108 Salaries - Council Membe 144,494 144,000 144,000 116,308 144,000 0 0% 101-1001-50150 Other Compensation 2,427 2,400 2,400 1,900 2,400 0 0% 101-1001-50200 PERS-City Portion 9,467 10,800 10,800 8,645 10,900 100 1% 101-1001-50221 Medical Insurance 69,990 95,700 95,700 63,468 109,100 13,400 11% 101-1001-50222 Vision Insurance 589 0 0 499 0 0 0% 101-1001-50223 Dental Insurance 2,416 0 0 1,720 0 0 0% 101-1001-50224 Life Insurance 327 0 0 261 0 0 0% 101-1001-50230 Workers Comp Insurance 10,500 23,900 23,900 17,925 23,900 0 0% 101-1001-50240 Social Security -Medicare 2,095 5,600 5,600 1,686 5,600 0 0% 101-1001-50241 Social Security -FICA 3,432 0 0 2,764 0 0 0% 50 - Salaries and Benefits Totals: 245,737 282,400 282,400 215,176 295,900 13,500 50/0 62 - Maintenance & Operations 101-1001-60137 Community Special Eveni 42,406 20,000 20,000 14,346 20,000 0 0% 101-1001-60320 Travel & Training 24,206 15,000 15,000 24,581 30,000 15,000 100% 101-1001-60420 Operating Supplies 322 500 500 272 500 0 0% 62 - Maintenance & Operations Totals: 66,934 35,500 35,500 39,199 50,500 15,000 27% 1001 - City Council Totals: 312,671 317,900 317,900 254,375 346,400 28,500 80/b :. CITY OF LA QUINTA GENERAL FUND EXPENSE NOTES FY 2024/25 PROPOSED BUDGET Department : 1001 - City Council 101-1001-60137 Community Special Events Annual City open house State of the City 101-1001-60320 Travel & Training 20,000.00 30,000.00 League of CA Cities- Annual conference, legislative action days, and other trainings. Council meeting expenses 87 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2024/25 PROPOSED BUDGET 2022/23 2023/24 2023/24 2023/24 2024/25 24/25 vs. % Change Actuals Original Budget Current Budget YTD Activity* Proposed Budget Current 23/24 in Budget 1002 - City Manager 50 - Salaries and Benefits 101-1002-50101 Permanent Full Time 557,291 607,800 607,800 426,930 618,300 10,500 2% 101-1002-50105 Salaries - Overtime 0 0 0 14 0 0 0% 101-1002-50150 Other Compensation 1,047 900 900 684 900 0 0% 101-1002-50200 PERS-City Portion 40,309 57,700 57,700 33,793 57,700 0 0% 101-1002-50215 Other Fringe Benefits 20,580 36,760 36,760 27,255 29,200 (7,560) -61% 101-1002-50221 Medical Insurance 81,955 114,800 114,800 60,989 125,500 10,700 13% 101-1002-50222 Vision Insurance 759 0 0 515 0 0 0% 101-1002-50223 Dental Insurance 4,743 0 0 3,182 0 0 0% 101-1002-50224 Life Insurance 281 0 0 197 0 0 0% 101-1002-50225 Long Term Disability 3,070 3,900 3,900 2,334 3,900 0 0% 101-1002-50230 Workers Comp Insurance 7,100 23,900 23,900 17,925 23,900 0 0% 101-1002-50240 Social Security -Medicare 8,197 8,900 8,900 6,594 9,000 100 2% 101-1002-50241 Social Security -FICA 0 0 0 1,724 0 0 0% 101-1002-50251 Temporary 0 0 0 27,807 35,000 35,000 0% 50 - Salaries and Benefits Totals: 725,331 854,660 854,660 609,943 903,400 48,740 7% 60 - Contract Services 101-1002-60101 Contract Services - Admi 69,671 125,000 125,000 83,000 125,000 0 0% 101-1002-60103 Professional Services 38,406 45,000 45,000 757 45,000 0 0% 60 - Contract Services Totals: 108,078 170,000 170,000 83,757 170,000 0 00/0 62 - Maintenance & Operations 101-1002-60320 Travel & Training 5,993 6,000 6,000 3,355 10,000 4,000 67% 101-1002-60351 Membership Dues 102,314 105,000 105,000 105,594 105,000 0 0% 101-1002-60352 Subscriptions & Publicati< 850 2,000 2,000 850 2,000 0 0% 101-1002-60400 Office Supplies 1,718 1,500 1,500 1,696 1,500 0 0% 101-1002-60420 Operating Supplies 1,606 0 0 0 0 0 0% 62 - Maintenance & Operations Totals: 112,481 114,500 114,500 111,495 118,500 4,000 3% 64 - Other Expenses 101-1002-60510 Contingency for Operatio 58,927 300,000 300,000 11,890 I 300,000 0 0% 64 - Other Expenses Totals: 58,927 300,000 300,000 11,890 300,000 0 00/0 69 - Internal Service Charges 101-1002-98110 Information Tech Charge 78,200 149,200 149,200 111,900 I 149,200 0 0% 69 - Internal Service Charges Totals: 78,200 149,200 149,200 111,900 149,200 0 00/0 1002 - City Manager Totals: 1,083,016 1,588,360 1,588,360 928,985 1,641,100 52,740 4% CITY OF LA QUINTA GENERAL FUND EXPENSE NOTES FY 2024/25 PROPOSED BUDGET Department : 1002 - City Manager 101-1002-50101 Permanent Full Time 618,300.00 101-1002-60101 101-1002-60103 101-1002-60320 101-1002-60351 101-1002-60352 80% - City Manager (20% Housing Fund) 60% - Director- Business Unit/Housing Development (40% Housing Fund) 100% - Executive Specialist 100% - Marketing & Communications Specialist 100% - Management Specialist 20% - Administrative Technician (80% Housing Fund) Contract Services - Administra Legislative lobbying services Economic development services Professional Services Title and appraisal services and property surveys Waste management for special events Travel & Training 125,000.00 45,000.00 10,000.00 League of California Cities (LCC) Regional meetings & miscellaneous training such as: Coachella Valley Association of Governments (CVAG), California Cities/Counties Mgmt Foundation (CCMF), and Southern CA Association of Governments (SCAG) Membership Dues 105,000.00 International City/County Mgmt Association (ICMA) League of CA Cities (LCC) - Riverside California Cities/Counties Mgmt Foundation (CCMF) Coachella Valley Association of Governments (CVAG) National League of Cities (NLC) Southern CA Association of Governments (SCAG) Subscriptions & Publications 2,000.00 Property analysis and grant solutions 89 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2024/25 PROPOSED BUDGET 2022/23 2023/24 2023/24 2023/24 2024/25 24/25 vs. % Change Actuals Original Budget Current Budget YTD Activity* Proposed Budget Current 23/24 in Budget 1004 - Human Resources 50 - Salaries and Benefits 101-1004-50101 Permanent Full Time 166,423 257,000 257,000 146,768 265,100 8,100 5% 101-1004-50102 Salaries - Part Time 109 0 0 0 0 0 0% 101-1004-50150 Other Compensation 1 0 0 0 0 0 0% 101-1004-50200 PERS-City Portion 12,163 19,700 19,700 10,756 20,900 1,200 10% 101-1004-50215 Other Fringe Benefits 2,600 3,900 3,900 2,100 3,900 0 0% 101-1004-50221 Medical Insurance 29,851 71,800 71,800 24,471 82,000 10,200 21% 101-1004-50222 Vision Insurance 461 0 0 364 0 0 0% 101-1004-50223 Dental Insurance 2,891 0 0 2,244 0 0 0% 101-1004-50224 Life Insurance 129 0 0 104 0 0 0% 101-1004-50225 Long Term Disability 1,019 1,700 1,700 882 1,700 0 0% 101-1004-50230 Workers Comp Insurance 4,200 14,300 14,300 10,725 14,300 0 0% 101-1004-50240 Social Security -Medicare 2,460 3,800 3,800 2,410 3,900 100 4% 101-1004-50241 Social Security -FICA 130 0 0 1,058 0 0 0% 101-1004-50251 Temporary 111 25,000 25,000 17,059 50,000 25,000 0% 101-1004-50252 Annual Wellness Dollar R 10,835 18,000 18,000 5,569 18,000 0 0% 50 - Salaries and Benefits Totals: 233,383 415,200 415,200 224,511 459,800 44,600 17% 60 - Contract Services 101-1004-60103 Professional Services 101-1004-60104 Consultants/Employee Se 101-1004-60125 Temporary Agency Servii 60 - Contract Services Totals: 62 - Maintenance & Operations 101-1004-60129 Recruiting/Pre-Employme 101-1004-60320 Travel & Training 101-1004-60322 Training & Education/MOi 101-1004-60340 Employee Recognition Ev 101-1004-60351 Membership Dues 101-1004-60352 Subscriptions & Publicati< 101-1004-60400 Office Supplies 101-1004-60420 Operating Supplies 62 - Maintenance & Operations Totals: 93,797 5,000 34,500 18,517 25,000 45,000 0 0 0 409 39,626 34,500 0 0% 45,000 0 0% 0 0 0% 112,314 30,000 79,500 41,401 79,500 0 00/0 9,608 15,000 15,000 3,264 15,000 0 0% (144) 10,000 10,000 8,066 10,000 0 0% 5,763 52,000 52,000 2,357 52,000 0 0% 23,981 30,000 30,000 16,150 30,000 0 0% 6,375 10,000 10,000 6,375 10,000 0 0% 779 1,500 1,500 702 1,500 0 0% 463 500 500 152 500 0 0% 508 1,000 1,000 313 1,000 0 0% 47,333 120,000 120,000 37,379 120,000 0 00/0 69 - Internal Service Charges 101-1004-98110 Information Tech Charge 46,000 86,600 86,600 64,950 I 86,600 0 0% 69 - Internal Service Charges Totals: 46,000 86,600 86,600 64,950 86,600 0 00/0 1004 - Human Resources Totals: 439,030 651,800 701,300 368,242 745,900 44,600 8% �! 1 CITY OF LA QUINTA GENERAL FUND EXPENSE NOTES FY 2024/25 PROPOSED BUDGET Department : 1004 - Human Resources 101-1004-50101 Permanent Full Time 265,100.00 100% - Human Resources Manager 100% - Human Resources Technician (2) 101-1004-60103 Professional Services 34,500.00 Citywide employee development programs 101-1004-60104 Consultants/Employee Service 45,000.00 Employee Assistance Program (EAP)- Wellness Works CaIPERS- Monthly medical premium and administration fees TAG/AMS DOT random screenings DMV medical exams (Class B) Bilingual testing 101-1004-60129 Recruiting/Pre-Employment 15,000.00 Interview panel costs Fingerprinting Physicals and drug screenings Background checks 101-1004-60320 Travel & Training 10,000.00 Liebert Cassidy Whitmore (LCW)- law & labor relations Educational forums and miscellaneous training 101-1004-60351 Membership Dues 10,000.00 Society of HR Management (SHRM) Professionals in HR Association (PIHRA) International Public Management Association for HR (IPMA-HR), World at Work (WOW) CV Employment Relations Consortium (LCW) CA Public Employers Labor Relations Assoc. (CalPELRA) 101-1004-60352 Subscriptions & Publications 1,500.00 Labor law compliance posters bN CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2024/25 PROPOSED BUDGET 2022/23 2023/24 2023/24 2023/24 2024/25 24/25 vs. % Change Actuals Original Budget Current Budget YTD Activity* Proposed Budget Current 23/24 in Budget 3007 - Marketing & Community Relations 50 - Salaries and Benefits 101-3007-50101 Permanent Full Time 120,557 144,100 144,100 153,090 216,600 72,500 37% 101-3007-50200 PERS-City Portion 8,757 11,100 11,100 11,325 17,100 6,000 42% 101-3007-50215 Other Fringe Benefits 1,300 1,560 1,560 1,050 2,600 1,040 83% 101-3007-50221 Medical Insurance 21,407 28,700 28,700 36,160 54,600 25,900 52% 101-3007-50222 Vision Insurance 181 0 0 311 0 0 0% 101-3007-50223 Dental Insurance 1,594 0 0 2,230 0 0 0% 101-3007-50224 Life Insurance 66 0 0 94 0 0 0% 101-3007-50225 Long Term Disability 736 1,000 1,000 927 1,400 400 31% 101-3007-50230 Workers Comp Insurance 4,200 5,800 5,800 4,350 5,800 0 0% 101-3007-50240 Social Security -Medicare 1,748 2,100 2,100 2,220 3,200 1,100 39% 50 - Salaries and Benefits Totals: 160,546 194,360 194,360 211,756 301,300 106,940 40% 60 - Contract Services 101-3007-60134 Promotional Items 101-3007-60137 Community Engagement 101-3007-60151 VGPS - Visit Greater Paln 60 - Contract Services Totals: 62 - Maintenance & Operations 101-3007-60320 Travel & Training 101-3007-60351 Membership Dues 101-3007-60410 Printing 101-3007-60420 Operating Supplies 101-3007-60450 Sponsorships/Advertising 101-3007-60461 Marketing & Tourism Proi 62 - Maintenance & Operations Totals: 67,941 90,000 6,368 7,000 06,711 390,000 90,000 7,000 390,000 24,969 14,903 18.271 90,000 0 0% 10,000 3,000 28% 395,000 5,000 1% 481,020 487,000 487,000 458,143 495,000 8,000 2% 2,836 12,000 12,000 15,428 15,000 3,000 38% 8,846 10,000 10,000 12,579 10,000 0 0% 18,979 30,000 30,000 8,367 30,000 0 0% 1,647 1,600 1,600 1,358 1,600 0 0% 36,095 75,000 75,000 52,006 75,000 0 0% 92,094 970,000 970,000 675,401 970,000 0 0% 960,497 1,098,600 1,098,600 765,139 1,101,600 3,000 00/0 69 - Internal Service Charges 101-3007-98110 Information Tech Charge 46,000 34,700 34,700 26,025 I 34,700 0 0% 69 - Internal Service Charges Totals: 46,000 34,700 34,700 26,025 34,700 0 00/0 Marketing & Community Relations Totals: 1,648,064 1,814,660 1,814,660 1,461,063 1,932,600 117,940 6% CITY OF LA QUINTA GENERAL FUND EXPENSE NOTES FY 2024/25 PROPOSED BUDGET Department : 3007 - Marketing & Community Relations 101-3007-50101 Permanent Full Time 100% - Marketing Manager 100% - Marketing & Communications Specialist 101-3007-60134 Promotional Items For community engagement and special events 101-3007-60137 Community Engagement Community workshop and City events 101-3007-60151 VGPS - Visit Greater Palm Spri 216,600.00 90,000.00 10,000.00 395,000.00 Payment of transient occupancy tax (TOT) to Visit Greater Palm Springs (VGPS) for a percentage all TOT revenue collected to jointly encourage, promote, and attract visitors to the Coachella Valley. .0015 of gross rental revenue for non -convention TOT .0035 of gross rental revenue for convention TOT 101-3007-60320 Travel & Training 15,000.00 Visit CA - travel destination conference CalTravel - travel destination conference 101-3007-60351 Membership Dues 10,000.00 Coachella Valley Economic Partnership (CVEP), CA Association of Public Information Officers (CAPIO), Cal Travel, Public Relations Society of America (PRSA), Mail Chimp, and Ragan Communications W CITY OF LA QUINTA GENERAL FUND EXPENSE NOTES FY 2024/25 PROPOSED BUDGET 101-3007-60410 101-3007-60450 101-3007-60461 Printing Citywide business cards, event signs, and banners Sponsorships/Advertising 30,000.00 75,000.00 Various sponsorships including CVEP Summit, Modernism Week, National Date Festival Marketing & Tourism Promotio 970,000.00 Photography, Chamber of Commerce Contract, Video, Commercials, Marketing Contracts, Marketing Efforts, Music Licensing, Palm Springs Life Vision, and State of the City CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2024/25 PROPOSED BUDGET 2022/23 2023/24 2023/24 2023/24 2024/25 24/25 vs. % Change Actuals Original Budget Current Budget YTD Activity* Proposed Budget Current 23/24 in Budget 1003 - City Attorney 60 - Contract Services 101-1003-60153 Attorney 318,475 650,000 650,000 208,038 650,000 0 0% 101-1003-60154 Attorney/Litigation 39,714 150,000 150,000 60,851 150,000 0 0% 60 - Contract Services Totals: 358,188 800,000 800,000 268,889 800,000 0 0% 1003 - City Attorney Totals: 358,188 800,000 800,000 268,889 800,000 0 0% W. CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2024/25 PROPOSED BUDGET 2022/23 2023/24 2023/24 2023/24 2024/25 24/25 vs. % Change Actuals Original Budget Current Budget YTD Activity* Proposed Budget Current 23/24 in Budget 1005 - City Clerk 50 - Salaries and Benefits 101-1005-50101 Permanent Full Time 419,353 483,200 483,200 383,828 524,900 41,700 9% 101-1005-50105 Salaries - Overtime 0 5,000 5,000 0 5,000 0 0% 101-1005-50150 Other Compensation 823 500 500 622 500 0 0% 101-1005-50200 PERS-City Portion 37,884 46,500 46,500 36,291 51,600 5,100 13% 101-1005-50215 Other Fringe Benefits 6,500 7,670 7,670 5,695 7,670 0 0% 101-1005-50221 Medical Insurance 88,428 141,000 141,000 80,389 160,900 19,900 14% 101-1005-50222 Vision Insurance 818 0 0 711 0 0 0% 101-1005-50223 Dental Insurance 3,892 0 0 3,307 0 0 0% 101-1005-50224 Life Insurance 350 0 0 7,792 0 0 0% 101-1005-50225 Long Term Disability 2,542 3,100 3,100 2,309 3,400 300 11% 101-1005-50230 Workers Comp Insurance 12,300 28,100 28,100 21,075 28,100 0 0% 101-1005-50240 Social Security -Medicare 6,287 7,000 7,000 5,873 7,600 600 9% 101-1005-50241 Social Security -FICA 487 0 0 907 0 0 0% 101-1005-50251 Temporary 11,207 15,000 15,000 18,799 15,000 0 0% 50 - Salaries and Benefits Totals: 590,870 737,070 737,070 567,597 804,670 67,600 100/0 60 - Contract Services 101-1005-60103 Professional Services 242,931 200,000 200,000 111,849 365,000 165,000 48% 101-1005-60125 Temporary Agency Servi( 0 25,000 25,000 0 25,000 0 0% 60 - Contract Services Totals: 242,931 225,000 225,000 111,849 390,000 165,000 43% 62 - Maintenance & Operations 101-1005-60320 Travel & Training 101-1005-60351 Membership Dues 101-1005-60400 Office Supplies 101-1005-60410 Printing 101-1005-60420 Operating Supplies 101-1005-60450 Advertising 62 - Maintenance & Operations Totals 8,511 15,000 15,000 5,105 15,000 0 0% 1,350 3,000 3,000 1,546 3,000 0 0% 2,012 2,500 2,500 2,083 3,500 1,000 40% 7,278 10,000 10,000 7,201 10,000 0 0% 943 1,200 1,200 1,091 2,000 800 67% 8,454 5,500 5,500 1,454 8,000 2,500 63% 28,548 37,200 37,200 18,479 41,500 4,300 12% 69 - Internal Service Charges 101-1005-98110 Information Tech Charge 134,608 170,400 170,400 127,800 I 170,400 0 0% 69 - Internal Service Charges Totals: 134,608 170,400 170,400 127,800 170,400 0 00/0 1005 - City Clerk Totals: 996,957 1,169,670 1,169,670 825,725 1,406,570 236,900 19% 1: • CITY OF LA QUINTA GENERAL FUND EXPENSE NOTES FY 2024/25 PROPOSED BUDGET Department : 1005 - City Clerk 101-1005-50101 Permanent Full Time 90% - City Clerk (10% Housing) 100% - Deputy City Clerk 100% - Sr. Permit Technician 100% - Permit Technician 100% - Administrative Technician (2) 524,900.00 101-1005-60103 Professional Services 365,000.00 Municipal Code text and online updates Imaging scanning services For The Record tech support (DSS Corp) DigiCert electronic signatures Ctiywide fee study updates Insurance compliance Records legislation, requirements, minute writing services, and retention updates STVR Programming Compliance, Analytics & Permitting Software 101-1005-60320 Travel & Training 15,000.00 CA City Clerks Association annual conference & seminars Municipal Clerks certifications and training 101-1005-60351 Membership Dues 3,000.00 California City Clerks Association (CCAC)- 4 employees National Notary Association Errors and Omission insurance (E&O)- 3 employees International Institute of Municipal Clerks (IIMC) membership 101-1005-60450 Advertising 8,000.00 Public hearing notices, Commission and Board vacancies 77 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2024/25 PROPOSED BUDGET 2022/23 2023/24 2023/24 2023/24 2024/25 24/25 vs. % Change Actuals Original Budget Current Budget YTD Activity* Proposed Budget Current 23/24 in Budget 3001 - Community Services Administration 50 - Salaries and Benefits 101-3001-50101 Permanent Full Time 345,319 308,000 308,000 250,743 140,000 (168,000) -41% 101-3001-50110 Commissions & Boards 2,550 4,500 4,500 1,200 6,300 1,800 40% 101-3001-50150 Other Compensation 385 400 400 304 0 (400) -100% 101-3001-50200 PERS-City Portion 25,697 27,500 27,500 21,863 27,500 0 0% 101-3001-50215 Other Fringe Benefits 3,640 5,460 5,460 2,940 1,600 (3,860) -110% 101-3001-50221 Medical Insurance 53,654 100,400 100,400 44,953 100,400 0 0% 101-3001-50222 Vision Insurance 562 0 0 445 0 0 0% 101-3001-50223 Dental Insurance 2,523 0 0 1,879 0 0 0% 101-3001-50224 Life Insurance 191 0 0 146 0 0 0% 101-3001-50225 Long Term Disability 1,906 1,600 1,600 1,532 900 (700) -88% 101-3001-50230 Workers Comp Insurance 7,300 20,000 20,000 15,000 20,000 0 0% 101-3001-50240 Social Security -Medicare 5,044 4,500 4,500 3,653 2,100 (2,400) -41% 101-3001-50241 Social Security -FICA 158 0 0 74 0 0 0% 50 - Salaries and Benefits Totals: 448,931 472,360 472,360 344,734 298,800 (173,560) -32% 60 - Contract Services 101-3001-60101 Contract Services 25,000 25,000 25,000 25,000 25,000 0 0% 101-3001-60122 Credit Card Fees 6,803 7,000 7,000 4,866 7,000 0 0% 101-3001-60135 Boys & Girls Club 40,000 60,000 60,000 40,000 60,000 0 0% 60 - Contract Services Totals: 71,803 92,000 92,000 69,866 92,000 0 00/0 62 - Maintenance & Operations 101-3001-60157 Rent Expense 101-3001-60320 Travel & Training 101-3001-60351 Membership Dues 101-3001-60400 Office Supplies 101-3001-60510 Grants & Economic Devel 101-3001-60527 2-1-1 Hotline 101-3001-60531 Homeless Bus Passes 62 - Maintenance & Operations Totals: 0 3,000 3,000 0 3,000 0 0% 141 4,000 4,000 0 4,000 0 0% 0 1,000 1,000 0 1,000 0 0% 1,577 1,500 1,500 1,947 3,300 1,800 120% 135,000 175,000 325,000 246,450 175,000 (150,000) -111% 0 15,000 15,000 0 15,000 0 0% 3,000 3,000 3,000 3,000 3,000 0 0% 139,718 202,500 352,500 251,397 204,300 (148,200) -92% 69 - Internal Service Charges 101-3001-98110 Information Tech Charge 80,500 121,300 121,300 90,975 I 121,300 0 0% 69 - Internal Service Charges Totals: 80,500 121,300 121,300 90,975 121,300 0 00/0 Community Services Administration Totals: 740,952 888,160 1,038,160 756,972 716,400 (321,760) -36% A CITY OF LA QUINTA GENERAL FUND EXPENSE NOTES Department : 3001 - Community Services Administration 101-3001-50101 = Permanent Full Time ' Wo 140,000.00 40% - Community Services Deputy Director (40% Wellness Center, 20% Library & Museum Fund) 80% - Management Analystr (20% Library & Museum Fund) 101-3001-60101 Contract Services 25,000.00 Old Towne Artisan Studio wellness west partnership 101-3001-60157 Rent Expense 3,000.00 DSUSD Facility Use rental 101-3001-60320 Travel & Training 4,000.00 Leadership training 101-3001-60351 Membership Dues 1,000.00 Engaging Local Government Leaders (ELGL) International City/County Management Association (ICMA) Americans for the Arts California Parks & Recreation Society (CPRS) National Recreation & Park Association NRPA 101-3001-60510 Grants & Economic Developme 175,000.00 $100,000 for Community Services Grants are administered per City Policy and selected via a Grant Ad Hoc Commitee.$75,000 for food distribution and other social service programs. FY 2024/25 PROPOSED BUDGET ti• CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2024/25 PROPOSED BUDGET 2022/23 2023/24 2023/24 2023/24 2024/25 24/25 vs. % Change Actuals Original Budget Current Budget YTD Activity* Proposed Budget Current 23/24 in Budget 3002 - Wellness Center Operations 50 - Salaries and Benefits 101-3002-50101 Permanent Full Time 259,735 280,100 280,100 227,055 233,300 (46,800) -19% 101-3002-50102 Salaries - Part Time 152,992 71,250 71,250 119,531 82,500 11,250 8% 101-3002-50105 Salaries - Overtime 0 5,000 5,000 480 5,000 0 0% 101-3002-50150 Other Compensation 963 1,000 1,000 760 1,000 0 0% 101-3002-50200 PERS-City Portion 33,152 30,800 30,800 29,294 27,900 (2,900) -9% 101-3002-50215 Other Fringe Benefits 4,420 4,420 4,420 3,570 3,200 (1,220) -29% 101-3002-50221 Medical Insurance 62,512 81,300 81,300 51,240 65,500 (15,800) -19% 101-3002-50222 Vision Insurance 909 0 0 718 0 0 0% 101-3002-50223 Dental Insurance 5,389 0 0 4,103 0 0 0% 101-3002-50224 Life Insurance 225 0 0 178 0 0 0% 101-3002-50225 Long Term Disability 1,601 1,800 1,800 1,393 1,500 (300) -23% 101-3002-50230 Workers Comp Insurance 7,100 16,200 16,200 12,150 16,200 0 0% 101-3002-50240 Social Security -Medicare 6,298 4,100 4,100 5,068 3,400 (700) -12% 101-3002-50241 Social Security -FICA 5,601 0 0 3,449 0 0 0% 101-3002-50251 Temporary 18,582 0 0 53 0 0 0% 50 - Salaries and Benefits Totals: 559,481 495,970 495,970 459,042 439,500 (56,470) -10% 60 - Contract Services 101-3002-60103 Professional Services 0 5,000 5,000 0 5,000 0 0% 101-3002-60107 Instructors 21,849 20,000 20,000 31,010 30,000 10,000 25% 101-3002-60108 Technical 3,000 5,000 5,000 4,000 1,000 (4,000) -133% 60 - Contract Services Totals: 24,849 30,000 30,000 35,010 36,000 6,000 13% 62 - Maintenance & Operations 101-3002-60157 Rental Expense 101-3002-60320 Travel & Training 101-3002-60351 Membership Dues 101-3002-60352 Subscriptions & Publicati< 101-3002-60400 Office Supplies 101-3002-60420 Operating Supplies 101-3002-60432 Tools/Equipment 62 - Maintenance & Operations Totals: 53 3,000 3,000 0 3,000 0 0% 0 1,000 1,000 31 1,000 0 0% 1,040 5,000 5,000 1,046 5,000 0 0% 0 1,200 1,200 437 2,400 1,200 171% 829 3,000 3,000 232 3,000 0 0% 31,796 50,000 50,000 29,152 50,000 0 0% 0 1,000 1,000 0 1,000 0 0% 33,718 64,200 64,200 30,898 65,400 1,200 2% 68 - Capital Expenses 101-3002-80101 Machinery & Equipment 0 130,000 130,000 120,432 I 25,000 (105,000) 0% 68 - Capital Expenses Totals: 0 130,000 130,000 120,432 25,000 (105,000) 00/0 69 - Internal Service Charges 101-3002-98110 Information Tech Charge 78,200 98,200 98,200 73,650 98,200 0 0% 101-3002-98140 Facility &Fleet Maintenar 21,700 19,500 19,500 14,625 19,500 0 0% 69 - Internal Service Charges Totals: 99,900 117,700 117,700 88,275 117,700 0 00/0 1002 - Wellness Center Operations Totals: 717,948 837,870 837,870 733,658 683,600 (154,270) -20% 100 CITY OF LA QUINTA GENERAL FUND EXPENSE NOTES FY 2024/25 PROPOSED BUDGET Department : 3002 - Wellness Center Operations 101-3002-50101 Permanent Full Time 233,300.00 40% - Community Services Deputy Director (40% Community Services Administration, 20% Library & Museum Fund) 100% - Sr. Community Services Specialist 100% - Community Services Specialist 101-3002-50102 Salaries - Part Time 82,500.00 50% Senior Recreation Leader (2) (50% Recreation Programs & Special Events) 50% Recreation Leader (8) (50% Recreation Programs & Special Events) 101-3002-60103 Professional Services 5,000.00 Retired senior volunteer program, annual volunteer sponsorships to Watercolors of La Quinta, Boys & Girls Club of La Quinta, and the California Highway Patrol 101-3002-60107 Instructors 30,000.00 Instructors for fitness classes and programming 101-3002-60108 Technical 1,000.00 Annual sponsorship for the Riverside County Senior Inspiration Awards 101-3002-60157 Rental Expense 3,000.00 General insurances and security guards for facility rentals 101 CITY OF LA QUINTA GENERAL FUND EXPENSE NOTES FY 2024/25 PROPOSED BUDGET 101-3002-60320 Travel & Training 1,000.00 Park and recreational activity program training and certification 101-3002-60351 Membership Dues 5,000.00 Amount Motion Picture Licensing Corporation (MPLC) National Council on Aging (NCOA) TechnoGym apps 101-3002-60352 Subscriptions & Publications 2,400.00 Amount Desert Sun newspaper Wellness publications 101-3002-80101 Machinery & Equipment 25,000.00 Purchase of new weighted and stretch fitness equipment, and related accessories for Wellness Center 500 100 4,400 1,600 800 102 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2024/25 PROPOSED BUDGET 2022/23 2023/24 2023/24 2023/24 2024/25 24/25 vs. % Change Actuals Original Budget Current Budget YTD Activity* Proposed Budget Current 23/24 in Budget 3003 - Recreation Programs & Special Events 50 - Salaries and Benefits 101-3003-50101 Permanent Full Time 47,781 78,800 78,800 105,741 317,400 238,600 413% 101-3003-50102 Salaries - Part Time 34,970 71,250 71,250 23,314 82,500 11,250 11% 101-3003-50105 Salaries - Overtime 0 1,000 1,000 20 5,000 4,000 0% 101-3003-50200 PERS-City Portion 9,054 17,100 17,100 10,863 32,700 15,600 154% 101-3003-50215 Other Fringe Benefits 1,300 1,300 1,300 2,150 6,500 5,200 416% 101-3003-50221 Medical Insurance 30,020 24,000 24,000 26,018 136,300 112,300 342% 101-3003-50222 Vision Insurance 430 0 0 312 0 0 0% 101-3003-50223 Dental Insurance 3,109 0 0 2,100 0 0 0% 101-3003-50224 Life Insurance 58 0 0 116 0 0 0% 101-3003-50225 Long Term Disability 298 1,000 1,000 659 2,000 1,000 250% 101-3003-50230 Workers Comp Insurance 2,100 4,800 4,800 3,600 4,800 0 0% 101-3003-50240 Social Security -Medicare 2,174 8,500 8,500 2,163 11,400 2,900 25% 101-3003-50241 Social Security -FICA 1,787 0 0 350 0 0 0% 101-3003-50251 Temporary 67,243 0 0 19,502 0 0 0% 50 - Salaries and Benefits Totals: 200,323 207,750 207,750 196,908 598,600 390,850 136% 60 - Contract Services 101-3003-60107 Instructors 101-3003-60184 Fritz Burns Pool Programi 101-3003-60190 X Park Programming 60 - Contract Services Totals: 62 - Maintenance & Operations 101-3003-60149 Community Experiences 101-3003-60157 Rental Expense 101-3003-60320 Travel & Training 101-3003-60351 Membership Dues 101-3003-60420 Operating Supplies 101-3003-60512 LQ Art Event 62 - Maintenance & Operations Totals (2,070) 0 0 (17,940) 0 0 0% 191,225 220,000 220,000 121,687 245,000 25,000 13% 285,388 420,000 420,000 404,078 420,000 0 0% 474,543 640,000 640,000 507,825 665,000 25,000 50/0 375,280 580,000 580,000 270,390 580,000 0 0% 81 5,000 5,000 174 5,000 0 0% 0 1,000 1,000 20 1,000 0 0% 0 0 0 0 2,000 2,000 400% 1,182 6,000 6,000 2,874 6,000 0 0% 3,121 90,000 90,000 6,500 50,000 (40,000) -44% 379,664 682,000 682,000 279,957 644,000 (38,000) -60/o 69 - Internal Service Charges 101-3003-98110 Information Tech Charge 23,000 28,900 28,900 21,675 28,900 0 0% 101-3003-98140 Facility & Fleet Maintenar 21,700 19,500 19,500 14,625 19,500 0 0% 69 - Internal Service Charges Totals: 44,700 48,400 48,400 36,300 48,400 0 0% reation Programs & Special Events Totals: 1,099,230 1,578,150 1,578,150 1,020,990 1,956,000 377,850 25% 103 CITY OF LA QUINTA GENERAL FUND EXPENSE NOTES FY 2024/25 PROPOSED BUDGET Department : 3003 - Recreation Programs & Special Events 101-3003-50101 Permanent Full Time 317,400.00 100% - Administrative Technician (5) 101-3003-50102 Salaries - Part Time 82,500.00 50% Senior Recreation Leader (2) (50% Wellness Center Operations) 50% Recreation Leader (8) (50% Wellness Center Operations) 101-3003-60149 Community Experiences 580,000.00 Anticipated events include 9/11 Vigil, Veteran's Day Celebration, Tree Lighting, Ironman, City Picnic, Art on Main, Summer Golf, Mission LQ Rocket Launch, Pillars of the Community, Egg Hunt, Concerts in the Park, and other community lifestyle events 101-3003-60157 Rental Expense 5,000.00 Special event insurances and security guards for events 101-3003-60184 Fritz Burns Pool Programming 245,000.00 Pool operating contract services 101-3003-60320 Travel & Training 1,000.00 Park and recreation program training and certifications 101-3003-60351 Membership Dues 2,000.00 Americans for Art California Parks and Recreation Society (CPRS) 104 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2024/25 PROPOSED BUDGET 2022/23 2023/24 2023/24 2023/24 2024/25 24/25 vs. % Change Actuals Original Budget Current Budget YTD Activity* Proposed Budget Current 23/24 in Budget 2001 - Police 60 - Contract Services 101-2001-60103 Professional Services 101-2001-60109 LQ Police Volunteers 101-2001-60161 Sheriff Patrol 101-2001-60162 Police Overtime 101-2001-60163 Target Team 101-2001-60164 Community Services Offii 101-2001-60165 Special Enforcement/City 101-2001-60166 Gang Task Force 101-2001-60167 Narcotics Task Force 101-2001-60168 School Officer 101-2001-60169 Motor Officer 101-2001-60170 Dedicated Sargeants 101-2001-60171 Dedicated Lieutenant 101-2001-60172 Sheriff - Mileage 101-2001-60173 Booking Fees 101-2001-60174 Blood/Alcohol Testing 101-2001-60175 Special Enforcement Funi 101-2001-60176 Sheriff - Other 101-2001-60193 Sexual Assault Exam Fee 60 - Contract Services Totals: 27,835 50,000 50,000 0 0 (50,000) -100% 7,076 12,000 12,000 6,997 12,000 0 0% 8,997,669 10,230,000 10,230,000 5,658,091 10,600,000 370,000 4% 305,816 400,000 400,000 328,655 400,000 0 0% 1,773,066 1,927,000 1,927,000 1,183,776 2,025,000 98,000 5% 750,961 805,000 805,000 531,505 850,000 45,000 5% 104,099 100,000 100,000 1,807 100,000 0 0% 221,883 231,000 231,000 152,210 245,000 14,000 7% 208,056 231,000 231,000 141,491 245,000 14,000 7% 180,334 240,000 240,000 79,879 280,000 40,000 17% 1,617,054 1,940,000 1,940,000 988,710 2,400,000 460,000 24% 560,823 615,000 615,000 396,528 650,000 35,000 6% 331,448 343,000 343,000 220,859 360,000 17,000 5% 425,455 450,000 450,000 298,195 450,000 0 0% 0 0 0 0 0 0 0% 33,052 36,000 36,000 21,811 38,000 2,000 7% 76,191 95,000 113,500 30,361 113,500 0 0% 449,822 587,000 587,000 47,097 680,000 93,000 17% 6,400 10,000 10,000 6,862 10,500 500 6% 16,077,040 18,302,000 18,320,500 10,094,835 19,459,000 1,138,500 6% 62 - Maintenance & Operations 101-2001-60320 Travel & Training 1,350 5,000 5,000 39 5,000 0 0% 101-2001-60420 Operating Supplies 6,339 10,000 10,000 3,394 10,000 0 0% 62 - Maintenance & Operations Totals: 7,689 15,000 15,000 3,433 15,000 0 00/0 65 - Repair & Maintenance 101-2001-60692 Public Safety Camera Sys 60,540 172,500 172,500 151,513 I 40,000 (132,500) -217% 65 - Repair & Maintenance Totals: 60,540 172,500 172,500 151,513 40,000 (132,500) -217% 66 - Utilities 101-2001-61300 Telephone - Utilities 11,046 17,000 17,000 8,008 17,000 0 0% 101-2001-61400 Cable/Internet -Utilities 6,778 9,000 9,000 5,341 9,000 0 0% 66 - Utilities Totals: 17,823 26,000 26,000 13,348 26,000 0 00/0 68 - Capital Expenses 101-2001-71031 Vehicles 6,519 0 16,000 65,435 I 35,000 19,000 83% 68 - Capital Expenses Totals: 6,519 0 16,000 65,435 35,000 19,000 83% 69 - Internal Service Charges 101-2001-98110 Information Tech Charge 10,000 10,000 10,000 7,500 10,000 0 0% 101-2001-98140 Facility &Fleet Maintenar 64,900 58,300 58,300 43,725 58,300 0 0% 69 - Internal Service Charges Totals: 74,900 68,300 68,300 51,225 68,300 0 00/0 2001 - Police Totals: 16,244,512 18,583,800 18,618,300 10,379,789 19,643,300 1,025,000 6% 105 CITY OF LA QUINTA GENERAL FUND EXPENSE NOTES FY 2024/25 PROPOSED BUDGET Department : 2001 - Police 101-2001-60161 Sheriff Patrol 10,600,000.00 101-2001-60320 101-2001-71031 Increases for Police services in FY 2024/25 are attributed to rising labor and pension costs. Daily patrol hours (130) and service levels are incorporated. The contract funds the following positions: 1 Lieutenant, 2 Sergeants, 3 Motor Traffic Officers, 2 Traffic Officers, 5 Special Enforcement Team Officers, 2 Deputy Sheriff Officers, and 6 Community Service Officers Travel & Training 5,000.00 Crime prevention officers will provide training to the Citizens on Patrol. Vehicles Motorcycle replacement 35,000.00 106 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2024/25 PROPOSED BUDGET 2022/23 2023/24 2023/24 2023/24 2024/25 24/25 vs. % Change Actuals Original Budget Current Budget YTD Activity* Proposed Budget Current 23/24 in Budget 2002 - Fire 50 - Salaries and Benefits 101-2002-50101 Permanent Full Time 142,625 118,200 118,200 69,331 178,300 60,100 30% 101-2002-50105 Salaries - Overtime 437 4,000 4,000 845 4,000 0 0% 101-2002-50150 Other Compensation 96 100 100 246 100 0 0% 101-2002-50200 PERS-City Portion 9,444 9,100 9,100 5,965 14,000 4,900 33% 101-2002-50215 Other Fringe Benefits 1,820 1,820 1,820 1,065 3,510 1,690 97% 101-2002-50221 Medical Insurance 33,426 33,500 33,500 15,335 52,100 18,600 29% 101-2002-50222 Vision Insurance 197 0 0 163 0 0 0% 101-2002-50223 Dental Insurance 1,158 0 0 648 0 0 0% 101-2002-50224 Life Insurance 135 0 0 54 0 0 0% 101-2002-50225 Long Term Disability 785 800 800 431 1,200 400 16% 101-2002-50230 Workers Comp Insurance 5,400 6,700 6,700 5,025 6,700 0 0% 101-2002-50240 Social Security -Medicare 2,220 1,800 1,800 1,160 2,600 800 28% 101-2002-50251 Temporary 74 0 0 9,035 0 0 0% 50 - Salaries and Benefits Totals: 197,817 176,020 176,020 109,304 262,510 86,490 30% 60 - Contract Services 101-2002-60103 Professional Services 0 15,000 15,000 10,769 101-2002-60110 Volunteers - Fire 1,169 4,000 4,000 895 101-2002-60112 Landscape Contract 18,120 24,000 24,000 14,544 101-2002-60116 Pest Control 4,024 10,000 10,000 4,024 101-2002-60123 Security & Alarm 2,205 4,000 4,000 2,219 101-2002-60125 Temporary Agency Servii 30,657 0 0 0 101-2002-60139 Fire Service Costs 6,641,950 8,700,000 8,700,000 3,928,403 101-2002-60140 MOU - Ladder Truck 282,694 300,000 300,000 143,285 101-2002-60525 Golf Tournament 52,980 80,000 80,000 57,838 60 - Contract Services Totals: 7,033,798 9,137,000 9,137,000 4,161,977 15,000 0 0% 4,000 0 0% 35,000 11,000 58% 10,000 0 0% 4,000 0 0% 0 0 0% 9,170,000 470,000 6% 300,000 0 0% 80,000 0 0% 9,618,000 481,000 6% 62 - Maintenance & Operations 101-2002-60320 Travel & Training 479 4,000 4,000 210 4,000 0 0% 101-2002-60351 Membership Dues 1,060 1,200 1,200 1,171 1,200 0 0% 101-2002-60400 Office Supplies 1,006 1,000 1,000 721 1,000 0 0% 101-2002-60406 Disaster Prep Supplies 6,149 8,000 8,000 12,418 48,500 40,500 675% 101-2002-60410 Printing 102 800 800 0 800 0 0% 101-2002-60431 Materials/Supplies 0 20,000 20,000 0 20,000 0 0% 101-2002-60445 Non -Reimbursable Misc 18,648 20,000 20,000 0 20,000 0 0% 101-2002-60545 Small Tools & Equipment 58 2,500 2,500 0 2,500 0 0% 101-2002-60670 Fire Station 5,768 40,000 40,000 16,669 40,000 0 0% 101-2002-60671 Repair & Maintenance - E 143 10,000 10,000 164 30,000 20,000 400% 101-2002-60691 Maintenance/Services 89,287 60,000 60,000 32,697 65,000 5,000 8% 62 - Maintenance & Operations Totals: 122,699 167,500 167,500 64,051 233,000 65,500 44% 64 - Other Expenses 101-2002-60195 Natural Disaster/EOC Act 0 0 0 1,347 I 0 0 0% 64 - Other Expenses Totals: 0 0 0 1,347 0 0 00/0 107 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2024/25 PROPOSED BUDGET 2022/23 2023/24 2023/24 2023/24 2024/25 24/25 vs. % Change Actuals Original Budget Current Budget YTD Activity* Proposed Budget Current 23/24 in Budget 66 - Utilities 101-2002-61100 Gas - Utilities 3,287 6,000 6,000 2,625 6,000 0 0% 101-2002-61101 Electricity - Utilities 30,326 43,000 43,000 30,361 48,000 5,000 17% 101-2002-61200 Water - Utilities 11,788 16,000 16,000 8,451 16,000 0 0% 101-2002-61300 Telephone - Utilities 24,542 45,000 45,000 16,191 45,000 0 0% 101-2002-61304 Mobile/Cell Phones/Satell 7,514 10,000 10,000 5,832 10,000 0 0% 101-2002-61400 Cable/Internet - Utilities 6,754 14,000 14,000 5,429 14,000 0 0% 66 - Utilities Totals: 84,211 134,000 134,000 68,889 139,000 5,000 6% 68 - Capital Expenses 101-2002-71021 Furniture 0 5,000 5,000 0 5,000 0 0% 101-2002-71031 Vehicles 35,241 0 0 0 0 0 0% 101-2002-72110 Building Improvements 0 10,000 10,000 0 30,000 20,000 200% 101-2002-80101 Machinery & Equipment 41,773 100,000 458,000 13,908 100,000 (358,000) -90% 68 - Capital Expenses Totals: 77,014 115,000 473,000 13,908 135,000 (338,000) -74% 69 - Internal Service Charges 101-2002-91843 Property & Crime Insurar 5,800 6,000 6,000 4,500 6,000 0 0% 101-2002-91844 Earthquake Insurance 14,000 16,000 16,000 12,000 16,000 0 0% 101-2002-98110 Information Tech Charge 58,700 40,500 40,500 30,375 40,500 0 0% 101-2002-98140 Facility & Fleet Maintenar 108,100 97,100 97,100 72,825 97,100 0 0% 69 - Internal Service Charges Totals: 186,600 159,600 159,600 119,700 159,600 0 00/0 2002 - Fire Totals: 7,702,139 9,889,120 10,247,120 4,539,176 10,547,110 299,990 3% 108 CITY OF LA QUINTA GENERAL FUND EXPENSE NOTES FY 2024/25 PROPOSED BUDGET Department : 2002 - Fire 101-2002-50101 Permanent Full Time 178,300.00 20% - Public Safety Director (80% Public Safety Admin) 100% - Management Analyst 50% - Administrative Technician (50% Public Safety Admin) 20% - Administrative Technician (80% Code Compliance) 101-2002-60103 Professional Services 15,000.00 Public safety announcements and Nixle contract 101-2002-60112 Landscape Contract 35,000.00 Landscaping maintenance services for all three fire stations 101-2002-60139 Fire Service Costs 9,170,000.00 Increases in Fire Services in FY 2024/25 are attributed to rising labor and pension costs, the addition of a dedicated Fire Safety Supervisor (2023), and conversion to dedicated municipal staffing at FS #93 (2023). Services are contracted with Riverside County and include the following: Captains, Medic Engineesr, Engineers, Fire Fighter II/Medic, Fire Fighter II, Fire Safety Specialist, Fire Systems Inspector, Fire Safety Supervisor, Overhead/Administration & Direct Operating Expenses, Medic Unit Operating Costs and Fire Engine Charges 101-2002-60320 Travel & Training 4,000.00 Emergency preparedness citywide training National Emergency Management Academy 109 CITY OF LA QUINTA GENERAL FUND EXPENSE NOTES FY 2024/25 PROPOSED BUDGET 101-2002-60351 101-2002-60410 101-2002-60691 Membership Dues 1,200.00 Journal of Emergency Management (JEM) subscription International Association of Emergency Managers (IAEM) Printing 800.00 Update Emergency Operations Center forms Maintenance/Services 65,000.00 Painting plus regular annual maintenance for each station 101-2002-71021 Furniture 5,000.00 Emergency Operations Center tables, chairs, and desks 110 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2024/25 PROPOSED BUDGET 2022/23 2023/24 2023/24 2023/24 2024/25 24/25 vs. % Change Actuals Original Budget Current Budget YTD Activity* Proposed Budget Current 23/24 in Budget 6004 - Code Compliance/Animal Control 50 - Salaries and Benefits 101-6004-50101 Permanent Full Time 539,647 526,000 526,000 384,931 537,300 11,300 2% 101-6004-50105 Salaries - Overtime 10,046 15,000 15,000 33,376 15,000 0 0% 101-6004-50106 Standby 100 500 500 0 500 0 0% 101-6004-50150 Other Compensation 0 0 0 0 0 0 0% 101-6004-50200 PERS-City Portion 50,542 51,200 51,200 41,101 51,300 100 0% 101-6004-50215 Other Fringe Benefits 10,140 10,040 10,040 7,060 10,040 0 0% 101-6004-50221 Medical Insurance 140,702 162,600 162,600 118,289 185,400 22,800 12% 101-6004-50222 Vision Insurance 1,351 0 0 1,046 0 0 0% 101-6004-50223 Dental Insurance 5,851 0 0 4,721 0 0 0% 101-6004-50224 Life Insurance 479 0 0 356 0 0 0% 101-6004-50225 Long Term Disability 3,354 3,400 3,400 2,395 3,500 100 3% 101-6004-50230 Workers Comp Insurance 16,300 37,200 37,200 27,900 37,200 0 0% 101-6004-50240 Social Security -Medicare 7,983 8,500 8,500 6,462 7,800 (700) -9% 101-6004-50251 Temporary 0 0 0 26,416 20,000 20,000 0% 50 - Salaries and Benefits Totals: 786,495 814,440 814,440 654,054 868,040 53,600 6% 60 - Contract Services 101-6004-60103 Professional Services 101-6004-60108 Technical 101-6004-60111 Administrative Citation Si 101-6004-60119 Vehicle Abatement 101-6004-60120 Lot Cleaning/Gravel Prog 101-6004-60122 Credit Card Fees 101-6004-60125 Temporary Agency Servi 101-6004-60194 Veterinary Service 101-6004-60197 Animal Shelter Contract `. 60 - Contract Services Totals: 62 - Maintenance & Operations 101-6004-60121 Low -Income Housing Gra 101-6004-60320 Travel & Training 101-6004-60351 Membership Dues 101-6004-60400 Office Supplies 101-6004-60410 Printing 101-6004-60425 Supplies - Field 101-6004-60690 Uniforms 62 - Maintenance & Operations Totals: 69 - Internal Service Charges 101-6004-98110 Information Tech Charge 101-6004-98140 Facility & Fleet Maintenar 69 - Internal Service Charges Totals: 53,525 70,000 70,000 46,314 300 1,000 1,000 277 14,961 18,000 25,000 9,904 0 500 500 0 4,575 20,000 20,000 3,023 1,121 2,000 2,000 627 29 0 0 8,520 70,000 0 0% 1,000 0 0% 25,000 0 0% 500 0 0% 20,000 0 0% 2,000 0 0% 0 0 0% 7,000 12,000 12,000 0 15,000 3,000 25% 340,289 370,000 370,000 242,335 407,000 37,000 12% 421,802 493,500 500,500 311,001 540,500 40,000 90/0 0 1,000 1,000 0 1,000 0 0% 4,543 7,000 7,000 3,385 7,000 0 0% 500 800 800 700 1,200 400 50% 2,676 2,500 2,500 996 2,500 0 0% 51 6,000 6,000 35 6,000 0 0% 1,277 2,000 2,000 425 9,000 7,000 233% 2,264 5,500 5,500 1,416 5,500 0 0% 11,310 24,800 24,800 6,957 32,200 7,400 30% 179,300 225,200 225,200 168,900 172,900 155,400 155,400 116,550 225,200 0 0% 155,400 0 0% 352,200 380,600 380,600 285,450 380,600 0 0% - Code Compliance/Animal Control Totals: 1,571,807 1,713,340 1,720,340 1,257,462 1,821,340 101,000 6% 111 CITY OF LA QUINTA GENERAL FUND EXPENSE NOTES FY 2024/25 PROPOSED BUDGET Department : 6004 - Code Compliance/Animal Control 101-6004-50101 Permanent Full Time 537,300.00 100% - Animal Control/Code Compliance Supervisor 100% - Sr. Code Compliance Officer (3) 100% - Code Compliance Officer (2) 80% - Administrative Technician (20% Fire) 101-6004-60103 Professional Services 70,000.00 Short-term vacation rental compliance 101-6004-60108 Technical 1,000.00 Riverside County recording fees for liens 101-6004-60111 Administrative Citation Service 25,000.00 Data ticket processing of code compliance and police citations 101-6004-60320 Travel & Training 7,000.00 Code Enforcement officer training events 101-6004-60351 Membership Dues 1,200.00 CA Association of Code Enforcement Officers (CACEO) 101-6004-60410 Printing 6,000.00 Community educational outreach 112 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2024/25 PROPOSED BUDGET 2022/23 2023/24 2023/24 2023/24 2024/25 24/25 vs. % Change Actuals Original Budget Current Budget YTD Activity* Proposed Budget Current 23/24 in Budget 6005 - Public Safety Administration 50 - Salaries and Benefits 101-6005-50101 Permanent Full Time 0 193,600 193,600 23,927 151,000 (42,600) 0% 101-6005-50105 Salaries - Overtime 0 0 0 1,013 0 0 0% 101-6005-50150 Other Compensation 0 0 0 180 0 0 0% 101-6005-50200 PERS-City Portion 0 14,900 14,900 2,508 11,900 (3,000) 0% 101-6005-50215 Other Fringe Benefits 0 0 0 550 1,690 1,690 0% 101-6005-50221 Medical Insurance 0 43,100 43,100 7,095 35,500 (7,600) 0% 101-6005-50222 Vision Insurance 0 0 0 35 0 0 0% 101-6005-50223 Dental Insurance 0 0 0 233 0 0 0% 101-6005-50224 Life Insurance 0 0 0 27 0 0 0% 101-6005-50225 Long Term Disability 0 1,300 1,300 147 1,000 (300) 0% 101-6005-50230 Workers Comp Insurance 0 8,600 8,600 6,450 8,600 0 0% 101-6005-50240 Social Security -Medicare 0 2,800 2,800 501 2,200 (600) 0% 101-6005-50251 Temporary 0 0 0 9,346 0 0 0% 50 - Salaries and Benefits Totals: 0 264,300 264,300 52,012 211,890 (52,410) 00/0 62 - Maintenance & Operations 101-6005-60320 Travel & Training 0 5,000 5,000 0 5,000 0 0% 101-6005-60400 Office Supplies 0 1,000 1,000 0 1,000 0 0% 101-6005-60406 Disaster Prep Supplies 0 0 9,500 9,516 0 (9,500) 0% 62 - Maintenance & Operations Totals: 0 6,000 15,500 9,516 6,000 (9,500) 00/0 69 - Internal Service Charges 101-6005-98110 Information Tech Charge 0 52,000 52,000 39,000 I 52,000 0 0% 69 - Internal Service Charges Totals: 0 52,000 52,000 39,000 52,000 0 00/0 6005 - Public Safety Administration Totals: 0 322,300 331,800 100,528 269,890 (61,910) 0% 113 CITY OF LA QUINTA GENERAL FUND EXPENSE NOTES FY 2024/25 PROPOSED BUDGET Department : 6005 - Public Safety Administration 101-6005-50101 = Permanent Full Time 151,000.00 80% - Public Safety Director (20% Fire Fund) 50% - Administrative Technician (50% Fire Fund) 114 CITY OF LA QUINTA 2022/23 Actuals GENERAL FUND EXPENSE DETAILS 2023/24 2023/24 Original Budget Current Budget 2023/24 YTD Activity* FY 2024/25 PROPOSED BUDGET 2024/25 24/25 vs. % Change Proposed Budget Current 23/24 in Budget 3005 - Parks Maintenance 50 - Salaries and Benefits 101-3005-50101 Permanent Full Time 256,858 278,700 278,700 203,062 299,400 20,700 8% 101-3005-50105 Salaries - Overtime 386 700 700 2,161 700 0 0% 101-3005-50106 Standby 13,058 15,000 15,000 8,482 15,000 0 0% 101-3005-50107 Standby Overtime 37,908 35,000 35,000 42,437 35,000 0 0% 101-3005-50150 Other Compensation 0 0 0 190 0 0 0% 101-3005-50200 PERS-City Portion 20,005 23,000 23,000 17,338 26,100 3,100 15% 101-3005-50215 Other Fringe Benefits 5,500 4,550 4,550 3,666 4,550 0 0% 101-3005-50221 Medical Insurance 66,621 83,700 83,700 58,107 81,800 (1,900) -2% 101-3005-50222 Vision Insurance 640 0 0 509 0 0 0% 101-3005-50223 Dental Insurance 3,363 0 0 2,634 0 0 0% 101-3005-50224 Life Insurance 249 0 0 184 0 0 0% 101-3005-50225 Long Term Disability 1,536 1,800 1,800 1,248 1,800 0 0% 101-3005-50230 Workers Comp Insurance 7,300 16,700 16,700 12,525 16,700 0 0% 101-3005-50240 Social Security -Medicare 4,705 4,100 4,100 3,990 4,000 (100) -3% 101-3005-50241 Social Security -FICA 0 0 0 1,056 0 0 0% 101-3005-50251 Temporary 0 0 0 17,009 0 0 0% 50 - Salaries and Benefits Totals: 418,129 463,250 463,250 374,600 485,050 21,800 5% 60 - Contract Services 101-3005-60112 Landscape Contract 729,648 935,000 935,000 678,194 I 1,200,000 265,000 36% 60 - Contract Services Totals: 729,648 935,000 935,000 678,194 1,200,000 265,000 36% 62 - Maintenance & Operations 101-3005-60117 Civic Center Lake Maintei 17,283 20,000 20,000 14,672 30,000 10,000 57% 101-3005-60136 Lighting Service 475 1,000 1,000 475 1,000 0 0% 101-3005-60184 Fritz Burns Pool Maintenz 144,972 180,000 180,000 106,066 180,000 0 0% 101-3005-60189 SilverRock Lake Maintenz 16,875 17,400 17,400 15,160 20,000 2,600 15% 101-3005-60320 Travel & Training 1,800 5,000 5,000 4,859 5,000 0 0% 101-3005-60351 Membership Dues 595 1,000 1,000 890 1,000 0 0% 101-3005-60400 Office Supplies 617 1,000 1,000 297 1,000 0 0% 101-3005-60423 Supplies -Graffiti and Van 2,922 15,000 15,000 1,203 15,000 0 0% 101-3005-60427 Safety Gear 942 1,200 1,200 958 1,300 100 8% 101-3005-60431 Materials/Supplies 235,116 310,000 384,500 204,647 400,000 15,500 5% 101-3005-60432 Tools/Equipment 8,248 5,000 5,000 5,851 6,000 1,000 20% 101-3005-60554 LQ Park Water Feature 14,347 30,000 30,000 13,643 40,000 10,000 45% 101-3005-60557 Tree Maintenance 1,120 10,000 10,000 4,200 10,000 0 0% 101-3005-60690 Uniforms 1,919 3,000 3,000 1,990 5,000 2,000 67% 101-3005-60691 Maintenance/Services 355,784 385,000 385,000 526,969 450,000 65,000 21% 62 - Maintenance & Operations Totals: 803,016 984,600 1,059,100 901,880 1,165,300 106,200 13% 66 - Utilities 101-3005-61100 Gas -Utilities FB Pool 44,247 0 0 134 0 0 0% 101-3005-61102 Electric - Monticello Park 161 300 300 123 300 0 0% 101-3005-61103 Electric - Civic Center Par 38,118 31,000 31,000 41,142 40,000 9,000 30% 101-3005-61104 Electric - Pioneer Park - l 0 100 100 0 100 0 0% 101-3005-61105 Electric - Fritz Burns Park 17,605 15,000 15,000 15,289 17,000 2,000 13% 115 CITY OF LA QUINTA 101-3005-61106 Electric - Sports Complex 101-3005-61108 Electric - Colonel Paige - 101-3005-61109 Electric - Community Par 101-3005-61110 Electric - Adams Park - U 101-3005-61111 Electric - Velasco Park - l 101-3005-61113 Electric - Eisenhower Parl 101-3005-61114 Electric - Desert Pride - L 101-3005-61115 Electric - SilverRock Ever 101-3005-61116 Electric - XPark Complex 101-3005-61201 Water -Monticello Park - 101-3005-61202 Water - Civic Center Park 101-3005-61203 Water -Eisenhower Park 101-3005-61204 Water -Fritz Burns Park - 101-3005-61205 Water -Velasco Park - Uti 101-3005-61206 Water -Desert Pride - Uti 101-3005-61207 Water -Pioneer Park - Uti 101-3005-61208 Water -Seasons Park - U1 101-3005-61209 Water -Community Park 101-3005-61211 Water - SilverRock Event 101-3005-61212 Water - XPark Complex 101-3005-61300 Telephone - Utilities 66 - Utilities Totals: GENERAL FUND EXPENSE DETAILS 2022/23 2023/24 2023/24 43,753 5,407 89,848 475 168 228 160 40,673 0 26,671 33,029 2,369 26,491 2,348 8,850 7,430 326 63,617 0 0 1,128 42,000 5,500 72,000 700 250 350 300 32,000 30,000 30,000 40,000 2,600 28,000 2,400 9,000 15,000 600 80,000 55,000 12,500 1,000 42,000 5,500 72,000 700 250 350 300 32,000 30,000 30,000 40,000 2,600 28,000 2,400 9,000 15,000 600 80,000 55,000 12,500 1,000 2023/24 Activity* 44,132 4,242 86,475 454 129 177 121 22,733 0 19,155 30,973 2,276 23,768 1,800 12,014 11,366 280 73,304 0 0 882 FY 2024/25 PROPOSED BUDGET 2024/25 24/25 vs. % Change d Budget Current 23/24 in Budget 46,000 4,000 10% 6,000 500 10% 84,000 12,000 17% 900 200 29% 300 50 25% 400 50 14% 350 50 20% 32,000 0 0% 30,000 0 0% 30,000 0 0% 40,000 0 0% 3,000 400 16% 28,000 0 0% 2,500 100 5% 14,000 5,000 63% 15,000 0 0% 600 0 0% 90,000 10,000 13% 55,000 0 0% 6,000 (6,500) -52% 1,000 0 0% 453,101 505,600 505,600 390,968 542,450 36,850 7% 69 - Internal Service Charges 101-3005-98110 Information Tech Charge 80,500 101,100 101,100 75,825 101,100 0 0% 101-3005-98130 Park Equipment Maintena 450,000 1,000,000 1,000,000 750,000 1,000,000 0 0% 101-3005-98140 Facility & Fleet Maintenar 172,900 155,400 155,400 116,550 155,400 0 0% 69 - Internal Service Charges Totals: 703,400 1,256,500 1,256,500 942,375 1,256,500 0 00/0 3005 - Parks Maintenance Totals: 3,107,294 4,144,950 4,219,450 3,288,017 4,649,300 429,850 13% 116 CITY OF LA QUINTA GENERAL FUND EXPENSE NOTES FY 2024/25 PROPOSED BUDGET Department : 3005 - Parks Maintenance 101-3005-50101 Permanent Full Time 299,400.00 101-3005-60112 101-3005-60184 101-3005-60320 101-3005-60351 50% - Maintenance & Operations Deputy Director (50% Public Buildings) 50% - Maintenance & Operations Superintendent (50% Lighting & Landscape Fund) 50% - Maintenance & Operations Crew Lead (50% Lighting & Landscape Fund) 50% - Sr. Maintenance & Operations Worker (50% Lighting & Landscape Fund) 50% - Maintenance & Operations Worker- 3 (50% Lighting & Landscape Fund) Landscape Contract 1,200,000.00 Landscape contract services for all City Parks including the SilverRock event site and X-Park Fritz Burns Pool Maintenance Pool maintenance services Travel & Training Aquatic facility operator course Maintenance agreement school Playground certifications Membership Dues CA Parks & Recreation Association (CPRS) National Park & Recreation Association (NPRA) 180,000.00 5,000.00 1,000.00 Amount 500 500 117 CITY OF LA QUINTA GENERAL FUND EXPENSE NOTES FY 2024/25 PROPOSED BUDGET 101-3005-60691 101-3005-98130 Maintenance/Services 450,000.00 Landscape renovations, electrical and fence repairs, painting, tree removal and other landscape related maintenance and repairs Park Equipment Maintenance 1,000,000.00 Funds are transferred to the Park Equipment & Facility Internal Service Fund for park equipment replacements 118 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2024/25 PROPOSED BUDGET 2022/23 2023/24 2023/24 2023/24 2024/25 24/25 vs. % Change Actuals Original Budget Current Budget YTD Activity* Proposed Budget Current 23/24 in Budget 3008 - Public Buildings 50 - Salaries and Benefits 101-3008-50101 Permanent Full Time 378,588 471,600 471,600 327,600 480,100 8,500 2% 101-3008-50105 Salaries - Overtime 94 500 500 1,697 500 0 0% 101-3008-50106 Standby 13,843 15,000 15,000 11,505 15,000 0 0% 101-3008-50107 Standby Overtime 18,120 20,000 20,000 16,293 20,000 0 0% 101-3008-50150 Other Compensation 481 500 500 380 500 0 0% 101-3008-50200 PERS-City Portion 32,514 43,500 43,500 30,543 45,200 1,700 5% 101-3008-50215 Other Fringe Benefits 5,850 7,150 7,150 4,725 5,850 (1,300) -23% 101-3008-50221 Medical Insurance 84,738 83,700 83,700 73,978 122,700 39,000 35% 101-3008-50222 Vision Insurance 1,208 0 0 973 0 0 0% 101-3008-50223 Dental Insurance 4,412 0 0 3,170 0 0 0% 101-3008-50224 Life Insurance 298 0 0 235 0 0 0% 101-3008-50225 Long Term Disability 2,337 3,000 3,000 2,025 3,100 100 5% 101-3008-50230 Workers Comp Insurance 9,400 26,200 26,200 19,650 26,200 0 0% 101-3008-50240 Social Security -Medicare 6,001 6,900 6,900 5,218 6,900 0 0% 50 - Salaries and Benefits Totals: 557,885 678,050 678,050 497,991 726,050 48,000 8% 60 - Contract Services 101-3008-60115 Janitorial 101-3008-60116 Pest Control 101-3008-60123 Security & Alarm 101-3008-60196 Annual Permits/Inspectio 60 - Contract Services Totals: 187,041 250,000 250,000 147,710 250,000 0 0% 7,519 9,500 9,500 6,860 9,500 0 0% 7,395 12,000 12,000 6,374 12,000 0 0% 6,375 8,000 8,000 6,508 8,000 0 0% 208,330 279,500 279,500 167,452 279,500 0 00/0 62 - Maintenance & Operations 101-3008-60320 Travel & Training 2,225 2,000 2,000 102 2,000 0 0% 101-3008-60400 Office Supplies 0 0 0 396 0 0 0% 101-3008-60427 Safety Gear 628 1,200 1,200 1,054 1,200 0 0% 101-3008-60431 Materials/Supplies 61,947 50,000 50,000 23,010 50,000 0 0% 101-3008-60432 Tools/Equipment 10,443 8,000 8,000 9,384 10,000 2,000 15% 101-3008-60481 Office Supplies 381 500 500 0 500 0 0% 101-3008-60667 HVAC 90,434 100,000 100,000 75,617 180,000 80,000 80% 101-3008-60690 Uniforms 1,733 2,000 2,000 1,890 2,000 0 0% 101-3008-60691 Maintenance/Services 88,550 90,000 90,000 53,849 120,000 30,000 32% 101-3008-61702 Facility Rent 907 0 0 0 0 0 0% 62 - Maintenance & Operations Totals: 257,246 253,700 253,700 165,301 365,700 112,000 41% 66 - Utilities 101-3008-61100 Gas - Utilities 13,562 13,000 13,000 4,969 13,000 0 0% 101-3008-61101 Electricity - Utilities 200,009 180,000 180,000 184,675 180,000 0 0% 101-3008-61200 Water - Utilities 10,016 10,000 10,000 8,215 10,000 0 0% 66 - Utilities Totals: 223,587 203,000 203,000 197,859 203,000 0 0% 69 - Internal Service Charges 101-3008-91842 Liability Insurance & Claii 67,000 65,000 65,000 48,750 65,000 0 0% 101-3008-98110 Information Tech Charge 103,500 158,800 158,800 119,100 158,800 0 0% 119 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2024/25 PROPOSED BUDGET 2022/23 2023/24 2023/24 2023/24 2024/25 24/25 vs. % Change Actuals Original Budget Current Budget YTD Activity* Pro osed Budget Current 23 24 in Budqet 101-3008-98140 Facility & Fleet Maintenar 86,500 77,700 77,700 58,275 77,700 0 0% 69 - Internal Service Charges Totals: 257,000 301,500 301,500 226,125 301,500 0 00/0 3008 - Public Buildings Totals: 1,504,048 1,715,750 1,715,750 1,254,728 1,875,750 160,000 100/0 120 CITY OF LA QUINTA GENERAL FUND EXPENSE NOTES FY 2024/25 PROPOSED BUDGET Department : 3008 - Public Buildings 101-3008-50101 Permanent Full Time 480,100.00 50% - Maintenance & Operations Deputy Director (50% Parks Maintenance) 100% - Maintenance & Operations Superintendent 100% - Maintenance & Operations Coordinator 100% - Maintenance & Operations Technician 100% - Maintenance & Operations Worker 101-3008-60115 Janitorial 250,000.00 Janitorial services for all public buildings including parks 101-3008-60320 Travel & Training 2,000.00 HVAC training 101-3008-60667 HVAC 180,000.00 For all public buildings including City Hall, Fritz Burns Pool, La Quinta Park, Maintenance Yard, Public Works Office, Sports Complex, and Wellness Center. 101-3008-60691 Maintenance/Services 120,000.00 Public building repairs and maintenance 121 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2024/25 PROPOSED BUDGET 2022/23 2023/24 2023/24 2023/24 2024/25 24/25 vs. % Change Actuals Original Budget Current Budget YTD Activity* Proposed Budget Current 23/24 in Budget 7001 - Public Works Administration 50 - Salaries and Benefits 101-7001-50101 Permanent Full Time 394,977 423,300 423,300 350,379 433,497 10,197 3% 101-7001-50150 Other Compensation 1,506 500 500 380 500 0 0% 101-7001-50200 PERS-City Portion 37,962 44,700 44,700 35,400 45,000 300 1% 101-7001-50215 Other Fringe Benefits 5,200 5,200 5,200 4,150 5,200 0 0% 101-7001-50221 Medical Insurance 66,768 95,700 95,700 57,569 96,000 300 0% 101-7001-50222 Vision Insurance 910 0 0 730 0 0 0% 101-7001-50223 Dental Insurance 3,237 0 0 2,555 0 0 0% 101-7001-50224 Life Insurance 265 0 0 204 0 0 0% 101-7001-50225 Long Term Disability 2,430 2,700 2,700 2,041 2,800 100 5% 101-7001-50230 Workers Comp Insurance 8,400 19,100 19,100 14,325 19,100 0 0% 101-7001-50240 Social Security -Medicare 5,771 6,200 6,200 5,115 6,400 200 4% 50 - Salaries and Benefits Totals: 527,426 597,400 597,400 472,847 608,497 11,097 2% 60 - Contract Services 101-7001-60104 Consultants 500 100,000 100,000 0 I 100,000 0 0% 60 - Contract Services Totals: 500 100,000 100,000 0 100,000 0 00/0 62 - Maintenance & Operations 101-7001-60320 Travel & Training 3,925 5,000 5,000 2,967 5,000 0 0% 101-7001-60351 Membership Dues 0 1,500 1,500 0 1,800 300 20% 101-7001-60400 Office Supplies 1,172 2,000 2,000 2,136 4,000 2,000 100% 101-7001-60420 Operating Supplies 154 500 500 617 1,000 500 50% 62 - Maintenance & Operations Totals: 5,250 9,000 9,000 5,720 11,800 2,800 29% 69 - Internal Service Charges 101-7001-98110 Information Tech Charge 92,000 115,500 115,500 86,625 I 115,500 0 0% 69 - Internal Service Charges Totals: 92,000 115,500 115,500 86,625 115,500 0 00/0 001 - Public Works Administration Totals: 625,176 821,900 821,900 565,192 835,797 13,897 2% 122 CITY OF LA QUINTA GENERAL FUND EXPENSE NOTES FY 2024/25 PROPOSED BUDGET Department : 7001 - Public Works Administration 101-7001-50101 Permanent Full Time 101-7001-60104 101-7001-60320 101-7001-60351 100% - Public Works Director/City Engineer 100% - Management Analyst 100% - Administrative Technician 100% - Administrative Assistant Consultants 433,497.00 100,000.00 Professional services and on -call electrical services Travel & Training Certification trainings Membership Dues American Public Works Association (APWA) 5,000.00 1,800.00 123 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2024/25 PROPOSED BUDGET 2022/23 2023/24 2023/24 2023/24 2024/25 24/25 vs. % Change Actuals Original Budget Current Budget YTD Activity* Proposed Budget Current 23/24 in Budget 7002 - Public Works Development Service 50 - Salaries and Benefits 101-7002-50101 Permanent Full Time 126,409 133,500 133,500 107,286 136,283 2,783 2% 101-7002-50150 Other Compensation 341 0 0 0 0 0 0% 101-7002-50200 PERS-City Portion 15,089 18,700 18,700 15,085 18,800 100 1% 101-7002-50215 Other Fringe Benefits 1,300 1,300 1,300 1,050 1,300 0 0% 101-7002-50221 Medical Insurance 7,265 23,900 23,900 5,700 27,500 3,600 15% 101-7002-50222 Vision Insurance 108 0 0 145 0 0 0% 101-7002-50223 Dental Insurance 748 0 0 986 0 0 0% 101-7002-50224 Life Insurance 65 0 0 52 0 0 0% 101-7002-50225 Long Term Disability 770 900 900 671 900 0 0% 101-7002-50230 Workers Comp Insurance 2,100 4,800 4,800 3,600 4,800 0 0% 101-7002-50240 Social Security -Medicare 1,876 2,100 2,100 1,590 2,100 0 0% 50 - Salaries and Benefits Totals: 156,072 185,200 185,200 136,165 191,683 6,483 4% 60 - Contract Services 101-7002-60103 Professional Services 101-7002-60104 Consultants 101-7002-60183 Map/Plan Checking 60 - Contract Services Totals 68,023 100,000 3,500 5,000 95,256 150,000 100,000 5,000 150,000 17,666 3,500 79.126 100,000 5,000 150,000 0% 0% 0% 166,779 255,000 255,000 100,292 255,000 0 00/0 62 - Maintenance & Operations 101-7002-60320 Travel & Training 0 1,500 1,500 68 1,500 0 0% 101-7002-60351 Membership Dues 0 500 500 0 500 0 0% 101-7002-60420 Operating Supplies 0 500 500 1,037 500 0 0% 101-7002-60450 Advertising 2,339 3,000 3,000 441 3,000 0 0% 62 - Maintenance & Operations Totals: 2,339 5,500 5,500 1,545 5,500 0 00/0 69 - Internal Service Charges 101-7002-98110 Information Tech Charge 101-7002-98140 Facility & Fleet Maintenar 69 - Internal Service Charges Totals: 23,000 28,900 28,900 21,675 28,900 64,900 58,300 58,300 43,725 58,300 0% 0% 87,900 87,200 87,200 65,400 87,200 0 00/0 ublic Works Development Services Totals: 413,090 532,900 532,900 303,402 539,383 6,483 1% 124 CITY OF LA QUINTA GENERAL FUND EXPENSE NOTES FY 2024/25 PROPOSED BUDGET Department : 7002 - Public Works Development Services 101-7002-50101 = Permanent Full Time �" 6,283.00 100% - Associate Engineer 101-7002-60103 Professional Services 100,000.00 Stormwater Commercial/Restaurant State Mandate National Pollution Discharge Elimination Systems 101-7002-60104 Consultants 5,000.00 101-7002-60183 101-7002-60320 Project consulting services Map/Plan Checking 150,000.00 On -call map checking and engineering civil plan check services Travel & Training 1,500.00 For various training events including: Desert Valley Builders Association meetings, American Public Works Association, professional engineering review courses, and water quality/ flood seminars 101-7002-60351 Membership Dues 500.00 Board of Civil Engineers license Other professional organizations 101-7002-60450 Advertising 3,000.00 Public hearing notices 125 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2024/25 PROPOSED BUDGET 2022/23 2023/24 2023/24 2023/24 2024/25 24/25 vs. % Change Actuals Original Budget Current Budget YTD Activity* Proposed Budget Current 23/24 in Budget 7003 - Streets- Traffic 50 - Salaries and Benefits 101-7003-50101 Permanent Full Time 168,187 220,300 220,300 56,558 141,300 (79,000) -32% 101-7003-50106 Standby 14,004 15,000 15,000 11,385 15,000 0 0% 101-7003-50107 Standby Overtime 14,189 15,000 15,000 18,818 15,000 0 0% 101-7003-50150 Other Compensation 321 500 500 0 0 (500) -100% 101-7003-50200 PERS-City Portion 13,945 16,900 16,900 3,916 11,100 (5,800) -32% 101-7003-50215 Other Fringe Benefits 1,300 3,900 3,900 1,050 2,600 (1,300) -104% 101-7003-50221 Medical Insurance 34,005 71,800 71,800 11,048 54,600 (17,200) -23% 101-7003-50222 Vision Insurance 250 0 0 73 0 0 0% 101-7003-50223 Dental Insurance 1,579 0 0 442 0 0 0% 101-7003-50224 Life Insurance 127 0 0 52 0 0 0% 101-7003-50225 Long Term Disability 896 1,400 1,400 321 900 (500) -31% 101-7003-50230 Workers Comp Insurance 6,300 14,300 14,300 10,725 14,300 0 0% 101-7003-50240 Social Security -Medicare 2,844 2,000 2,000 1,258 2,100 100 3% 50 - Salaries and Benefits Totals: 257,948 361,100 361,100 115,647 256,900 (104,200) -27% 60 - Contract Services 101-7003-60103 Professional Services 63,383 350,000 350,000 86,589 600,000 250,000 100% 101-7003-60120 Street Cleaning/Accident! 0 10,000 10,000 0 10,000 0 0% 60 - Contract Services Totals: 63,383 360,000 360,000 86,589 610,000 250,000 96% 62 - Maintenance & Operations 101-7003-60320 Travel & Training 101-7003-60351 Membership Dues 101-7003-60400 Office Supplies 101-7003-60420 Operating Supplies 101-7003-60423 Supplies -Graffiti and Van 101-7003-60432 Tools/Equipment 62 - Maintenance & Operations Totals: 64 - Other Expenses 101-7003-60510 Signal Knockdowns, Cont 64 - Other Expenses Totals: 66 - Utilities 101-7003-61101 Electricity - Utilities 66 - Utilities Totals: 3,716 15,000 15,000 3,257 15,000 0 0% 514 550 550 450 550 0 0% 340 500 500 0 500 0 0% 21,483 15,000 15,000 12,960 20,000 5,000 50% 104 0 0 0 0 0 0% 39,443 42,000 42,000 9,465 42,000 0 0% 65,600 73,050 73,050 26,132 78,050 5,000 90/0 18,434 5,000 5,000 0 5,000 0 0% 18,434 51000 51000 0 5,000 0 00/0 0 0 0 845 0 0 0% 0 0 0 845 0 0 00/0 69 - Internal Service Charges 101-7003-98110 Information Tech Charge 69,000 86,600 86,600 64,950 I 86,600 0 0% 69 - Internal Service Charges Totals: 69,000 86,600 86,600 64,950 86,600 0 00/0 7003 - Streets - Traffic Totals: 474,366 885,750 885,750 294,163 1,036,550 150,800 19% 126 CITY OF LA QUINTA GENERAL FUND EXPENSE NOTES FY 2024/25 PROPOSED BUDGET Department : 7003 - Streets- Traffic 101-7003-50101 Permanent Full Time 100% - Traffic Signal Technician (2) 141,300.00 101-7003-60103 Professional Services 600,000.00 Street division support services and unanticipated repairs such as sidewalks, sinkholes, asphalt, and drainage channels Street sweeping, storm drain cleaning, and sign inventory replacement 101-7003-60320 Travel & Training 15,000.00 Onsite hearing tests American Traffic Safety Services Association (ATSSA) certification International Municipal Signal Association (IMSA) certification Class B commercial and eauioment operator certification 101-7003-60351 Membership Dues 550.00 CA Park and Recreations American Traffic Safety Services Association (ATSSA) 101-7003-60510 Signal Knockdowns, Contingen 5,000.00 For traffic signal repairs due to accidents 127 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2024/25 PROPOSED BUDGET 2022/23 2023/24 2023/24 2023/24 2024/25 24/25 vs. % Change Actuals Original Budget Current Budget YTD Activity* Proposed Budget Current 23/24 in Budget 7006 - Engineering Services 50 - Salaries and Benefits 101-7006-50101 Permanent Full Time 175,844 240,200 240,200 199,541 254,200 14,000 6% 101-7006-50105 Salaries - Overtime 45 500 500 0 500 0 0% 101-7006-50106 Standby 1,479 5,000 5,000 0 5,000 0 0% 101-7006-50107 Standby Overtime 0 1,000 1,000 0 1,000 0 0% 101-7006-50150 Other Compensation 81 500 500 0 500 0 0% 101-7006-50200 PERS-City Portion 12,411 18,500 18,500 14,956 20,000 1,500 8% 101-7006-50215 Other Fringe Benefits 2,600 3,900 3,900 3,000 3,900 0 0% 101-7006-50221 Medical Insurance 36,761 71,700 71,700 40,694 81,800 10,100 14% 101-7006-50222 Vision Insurance 394 0 0 365 0 0 0% 101-7006-50223 Dental Insurance 2,330 0 0 2,142 0 0 0% 101-7006-50224 Life Insurance 135 0 0 157 0 0 0% 101-7006-50225 Long Term Disability 1,023 1,600 1,600 1,227 1,600 0 0% 101-7006-50230 Workers Comp Insurance 6,300 14,300 14,300 10,725 14,300 0 0% 101-7006-50240 Social Security -Medicare 2,581 3,500 3,500 2,893 3,500 0 0% 50 - Salaries and Benefits Totals: 241,985 360,700 360,700 275,700 386,300 25,600 7% 60 - Contract Services 101-7006-60103 Professional Services 101-7006-60104 Consultants 101-7006-60144 Contract Traffic Engineer 101-7006-60145 Traffic Counts/Studies 101-7006-60146 PM 10 - Dust Control 60 - Contract Services Totals; 62 - Maintenance & Operations 101-7006-60320 Travel & Training 101-7006-60351 Membership Dues 101-7006-60352 Subscriptions & Publicatic 101-7006-60420 Operating Supplies 101-7006-60427 Safety Gear 101-7006-60690 Uniforms 62 - Maintenance & Operations Totals: 0 20,000 220,000 0 20,000 (200,000) -95% 34,561 60,000 60,000 3,325 60,000 0 0% 189,362 200,000 200,000 58,521 200,000 0 0% 0 20,000 20,000 0 20,000 0 0% 77,071 250,000 250,000 4,234 250,000 0 00/0 300,994 550,000 750,000 66,080 550,000 (200,000) -34% 1,543 5,000 5,000 3,684 5,000 1,619 1,100 1,100 1,738 2,000 123 200 200 719 500 445 1,000 1,000 273 1,000 1,109 1,000 1,000 945 1,000 963 2,000 2,000 913 2,000 i,802 10,300 10,300 8,271 11,500 64 - Other Expenses 101-7006-60480 Contributions to OtherAc 28,731 0 196,500 50,536 I 200,000 64 - Other Expenses Totals: 28,731 0 196,500 50,536 200,000 0 0% 900 82% 300 150% 0 0% 0 0% 0 0% .,200 12% 3,500 2% 1,500 2% 69 - Internal Service Charges 101-7006-98110 Information Tech Charge 69,000 86,600 86,600 64,950 I 86,600 0 0% 69 - Internal Service Charges Totals: 69,000 86,600 86,600 64,950 86,600 0 00/0 7006 - Engineering Services Totals: 646,511 1,007,600 1,404,100 465,538 1,234,400 (169,700) -14% 128 CITY OF LA QUINTA GENERAL FUND EXPENSE NOTES FY 2024/25 PROPOSED BUDGET Department : 7006 - Engineering Services 101-7006-50101 Permanent Full Time 101-7006-60103 101-7006-60104 101-7006-60146 100% - Assistant Construction Manager 100% - Construction Inspector (2) Professional Services Regional scour analysis Consultants Project design services PM 10 - Dust Control 254,200.00 20,000.00 60,000.00 250,000.00 Vacant city land dust control - near SilverRock, Highway 111 next to the Marriott Hotel, and other city owned land 101-7006-60320 Travel & Training 5,000.00 Coachella Valley American Public Works Association (APWA) meetings California Local Technical Assistance Program (LTAP) training Geographic Information Systems (GIS) certification National Pollutant Discharge Elimination System (NPDES) certification Certified Inspector training 101-7006-60351 Membership Dues 2,000.00 American Public Works Association (APWA) Institute of Transportation Engineers (ITE) American Society of Civil Engineers (ASCE) 101-7006-60352 Subscriptions & Publications 500.00 Subdivision map act books 101-7006-60480 Contributions to Other Agencie 200,000.00 Reimbursement agreement with the Coachella Valley Association of Governments (CVAG) for the Avenue 48 Arts and Music Line Project design. 129 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2024/25 PROPOSED BUDGET 2022/23 2023/24 2023/24 2023/24 2024/25 24/25 vs. % Change Actuals Original Budget Current Budget YTD Activity* Proposed Budget Current 23/24 in Budget 6001 - Design & Development Administration 50 - Salaries and Benefits 101-6001-50101 Permanent Full Time 316,103 322,000 322,000 212,512 326,500 4,500 1% 101-6001-50110 Commissions & Boards 5,223 8,400 8,400 6,900 8,400 0 0% 101-6001-50150 Other Compensation 964 500 500 380 500 0 0% 101-6001-50200 PERS-City Portion 26,072 29,500 29,500 19,973 30,100 600 2% 101-6001-50215 Other Fringe Benefits 3,900 3,900 3,900 2,100 3,900 0 0% 101-6001-50221 Medical Insurance 59,891 71,800 71,800 33,075 81,800 10,000 13% 101-6001-50222 Vision Insurance 534 0 0 420 0 0 0% 101-6001-50223 Dental Insurance 1,682 0 0 946 0 0 0% 101-6001-50224 Life Insurance 218 0 0 104 0 0 0% 101-6001-50225 Long Term Disability 1,895 2,100 2,100 1,261 2,100 0 0% 101-6001-50230 Workers Comp Insurance 6,300 14,300 14,300 10,725 14,300 0 0% 101-6001-50240 Social Security -Medicare 4,663 4,700 4,700 3,182 4,800 100 2% 101-6001-50241 Social Security -FICA 310 0 0 428 0 0 0% 50 - Salaries and Benefits Totals: 427,755 457,200 457,200 292,005 472,400 15,200 4% 60 - Contract Services 101-6001-60104 Consultants 0 10,000 10,000 0 10,000 0 0% 101-6001-60122 Credit Card Fees 162,361 150,000 150,000 100,301 150,000 0 0% 60 - Contract Services Totals: 162,361 160,000 160,000 100,301 160,000 0 00/0 62 - Maintenance & Operations 101-6001-60320 Travel & Training 101-6001-60351 Membership Dues 101-6001-60352 Subscriptions & Publicati< 101-6001-60400 Office Supplies 101-6001-60410 Printing 101-6001-60420 Operating Supplies 101-6001-60450 Advertising 62 - Maintenance & Operations Totals: 69 - Internal Service Charges 101-6001-98110 Information Tech Charge 101-6001-98140 Facility & Fleet Maintenar 69 - Internal Service Charges Totals: 2,298 5,000 5,000 4,615 5,000 0 0% 250 600 600 500 600 0 0% 243 700 700 80 700 0 0% 235 2,000 2,000 1,260 2,000 0 0% 0 400 400 0 400 0 0% 1,286 1,000 1,000 365 1,000 0 0% 0 1,000 1,000 0 1,000 0 0% 4,313 10,700 10,700 6,820 10,700 0 00/0 69,000 86,600 86,600 64,950 08,100 97,100 97,100 72,825 86,600 0 0% 97,100 0 0% 177,100 183,700 183,700 137,775 183,700 0 00/0 ign & Development Administration Totals: 771,529 811,600 811,600 536,901 826,800 15,200 2% 130 CITY OF LA QUINTA GENERAL FUND EXPENSE NOTES FY 2024/25 PROPOSED BUDGET Department : 6001 - Design & Development Administration 101-6001-50101' Permanent Full Time ' = 326,500.00 100% - Design & Development Director 100% - Administrative Technician 100% - Administrative Assistant 101-6001-60104 Consultants 10,000.00 Studies and predesign for projects Disadvantaged Business Enterprise Program 101-6001-60320 Travel & Training 5,000.00 Staff professional development American Planning Association (APA) Conference 101-6001-60351 Membership Dues 600.00 American Public Works Association (APWA) 101-6001-60352 Subscriptions & Publications 700.00 The Desert Sun 101-6001-60410 Printing 400.00 Materials for community events 101-6001-60450 Advertising 1,000.00 Public noticing requirements 131 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2024/25 PROPOSED BUDGET 2022/23 2023/24 2023/24 2023/24 2024/25 24/25 vs. % Change Actuals Original Budget Current Budget YTD Activity* Proposed Budget Current 23/24 in Budget 6002 - Planning 50 - Salaries and Benefits 101-6002-50101 Permanent Full Time 324,103 324,200 334,200 241,410 417,600 83,400 26% 101-6002-50150 Other Compensation 1,024 0 0 0 0 0 0% 101-6002-50200 PERS-City Portion 22,536 24,900 24,900 19,727 35,200 10,300 44% 101-6002-50215 Other Fringe Benefits 3,550 3,900 3,900 2,850 5,200 1,300 38% 101-6002-50221 Medical Insurance 50,456 71,800 71,800 50,591 109,100 37,300 50% 101-6002-50222 Vision Insurance 608 0 0 442 0 0 0% 101-6002-50223 Dental Insurance 2,523 0 0 1,836 0 0 0% 101-6002-50224 Life Insurance 190 0 0 148 0 0 0% 101-6002-50225 Long Term Disability 1,893 2,100 2,100 1,512 2,700 600 30% 101-6002-50230 Workers Comp Insurance 6,300 14,300 14,300 10,725 14,300 0 0% 101-6002-50240 Social Security -Medicare 4,738 4,700 4,700 3,501 6,100 1,400 30% 50 - Salaries and Benefits Totals: 417,922 445,900 455,900 332,741 590,200 134,300 31% 60 - Contract Services 101-6002-60103 Professional Services 112,837 150,000 150,000 37,749 150,000 0 0% 101-6002-60125 Temporary Agency Servii 33,343 0 0 0 0 0 0% 60 - Contract Services Totals: 146,180 150,000 150,000 37,749 150,000 0 00/0 62 - Maintenance & Operations 101-6002-60320 Travel & Training 9,864 14,000 14,000 7,235 14,000 0 0% 101-6002-60351 Membership Dues 375 500 500 250 500 0 0% 101-6002-60352 Subscriptions & Publicati< 304 400 400 0 600 200 200% 101-6002-60450 Advertising 8,956 10,000 10,000 8,630 15,000 5,000 63% 30,100 5,200 23% 62 - Maintenance & Operations Totals: 19,500 24,900 24,900 16,115 69 - Internal Service Charges 101-6002-98110 Information Tech Charge 69,000 86,600 86,600 64,950 I 86,600 0 0% 69 - Internal Service Charges Totals: 69,000 86,600 86,600 64,950 86,600 0 00/0 6002 - Planning Totals: 652,601 707,400 717,400 451,556 856,900 139,500 19% 132 CITY OF LA QUINTA GENERAL FUND EXPENSE NOTES FY 2024/25 PROPOSED BUDGET Department : 6002 -Planning 101-6002-50101 Permanent Full Time 100% - Planning Manager 100% - Senior Planner 100% - Associate Planner 100% - Assistant Planner 101-6002-60103 Professional Services Professional planning Environmental services Specific plan amendments GIS consulting services Historical Survev 101-6002-60320 Travel & Training 417,600.00 150,000.00 14,000.00 Staff professional development Planning Commissioners Academy- League of Cities American Planning Association (APA) Conference 101-6002-60351 Membership Dues 500.00 American Planning Association (APA) 101-6002-60352 Subscriptions & Publications 600.00 International Cost Engineering Council - CEQA books Subdivision Map Act Planning and zoning laws 101-6002-60450 Advertising 15,000.00 Planning hearing notices Public notification requirements for city and development projects - Desert Sun Outreach workshops 133 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2024/25 PROPOSED BUDGET 2022/23 2023/24 2023/24 2023/24 2024/25 24/25 vs. % Change Actuals Original Budget Current Budget YTD Activity* Proposed Budget Current 23/24 in Budget 6003 - Building 50 - Salaries and Benefits 101-6003-50101 Permanent Full Time 419,464 546,900 546,900 458,621 575,700 28,800 6% 101-6003-50105 Salaries - Overtime 27,044 20,000 20,000 21,333 20,000 0 0% 101-6003-50150 Other Compensation 2,187 2,000 2,000 1,600 2,000 0 0% 101-6003-50200 PERS-City Portion 36,041 49,900 49,900 41,259 54,000 4,100 10% 101-6003-50215 Other Fringe Benefits 5,200 7,800 7,800 5,450 7,800 0 0% 101-6003-50221 Medical Insurance 101,229 143,500 143,500 115,855 163,600 20,100 14% 101-6003-50222 Vision Insurance 1,098 0 0 1,175 0 0 0% 101-6003-50223 Dental Insurance 5,025 0 0 5,129 0 0 0% 101-6003-50224 Life Insurance 309 0 0 330 0 0 0% 101-6003-50225 Long Term Disability 2,566 3,500 3,500 2,834 3,700 200 6% 101-6003-50230 Workers Comp Insurance 12,500 28,600 28,600 21,450 28,600 0 0% 101-6003-50240 Social Security -Medicare 6,478 8,000 8,000 6,965 8,400 400 6% 50 - Salaries and Benefits Totals: 619,142 810,200 810,200 682,001 863,800 53,600 7% 60 - Contract Services 101-6003-60118 Plan Checks 491,810 290,000 415,000 323,177 I 350,000 (65,000) -15% 60 - Contract Services Totals: 491,810 290,000 415,000 323,177 350,000 (65,000) -150/0 62 - Maintenance & Operations 101-6003-60320 Travel & Training 101-6003-60351 Membership Dues 101-6003-60352 Subscriptions & Publicati< 101-6003-60420 Operating Supplies 101-6003-60425 Supplies - Field 101-6003-60690 Uniforms 62 - Maintenance & Operations Totals: 2,220 3,000 3,000 3,562 4,000 1,000 33% 563 700 700 245 1,000 300 43% 2,416 1,500 1,500 506 1,500 0 0% 604 600 600 150 600 0 0% 661 1,000 1,000 104 1,000 0 0% 1,471 2,000 2,000 0 2,000 0 0% 7,935 8,800 8,800 4,568 10,100 1,300 13% 69 - Internal Service Charges 101-6003-98110 Information Tech Charge 138,000 173,200 173,200 129,900 173,200 0 0% 101-6003-98140 Facility &Fleet Maintenar 129,700 116,500 116,500 87,375 116,500 0 0% 69 - Internal Service Charges Totals: 267,700 289,700 289,700 217,275 289,700 0 00/0 6003 - Building Totals: 1,386,587 1,398,700 1,523,700 1,227,021 1,513,600 (10,100) -10/0 134 CITY OF LA QUINTA GENERAL FUND EXPENSE NOTES FY 2024/25 PROPOSED BUDGET Department : 6003 -Building 101-6003-50101 Permanent Full Time 100% - Building Official 100% - Deputy Building Official 100% - Plans Examiner 100% - Senior Building Inspector (2) 100% - Building Inspector I 575,700.00 101-6003-60118 Plan Checks 350,000.00 Consulting services as needed to support plan check review services 101-6003-60320 Travel & Training 4,000.00 CA Building Officials (CALBO) International Code Council certifications 101-6003-60351 Membership Dues 1,000.00 CA Building Officials (CALBO) International Association of Plumbing and Mechanical Officials (IAPMO) 101-6003-60352 Subscriptions & Publications 1,500.00 Updated California Building Code books and other professional subscriptions 135 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2024/25 PROPOSED BUDGET 2022/23 2023/24 2023/24 2023/24 2024/25 24/25 vs. % Change Actuals Original Budget Current Budget YTD Activity* Proposed Budget Current 23/24 in Budget 6006 - The Hub 50 - Salaries and Benefits 101-6006-50101 Permanent Full Time 472,916 687,900 687,900 458,217 728,325 40,425 7% 101-6006-50102 Salaries - Part Time 54,682 83,200 83,200 46,513 89,200 6,000 8% 101-6006-50105 Salaries - Overtime 0 0 0 37 0 0 0% 101-6006-50150 Other Compensation 1,707 0 0 0 0 0 0% 101-6006-50200 PERS-City Portion 45,827 60,700 60,700 45,999 67,200 6,500 13% 101-6006-50215 Other Fringe Benefits 6,500 11,700 11,700 7,400 11,700 0 0% 101-6006-50221 Medical Insurance 130,866 167,300 167,300 128,345 245,400 78,100 39% 101-6006-50222 Vision Insurance 1,378 0 0 1,211 0 0 0% 101-6006-50223 Dental Insurance 7,628 0 0 6,647 0 0 0% 101-6006-50224 Life Insurance 408 0 0 380 0 0 0% 101-6006-50225 Long Term Disability 2,941 4,000 4,000 2,811 4,600 600 17% 101-6006-50230 Workers Comp Insurance 16,700 42,900 42,900 32,175 42,900 0 0% 101-6006-50240 Social Security -Medicare 7,650 9,200 9,200 7,319 10,600 1,400 17% 50 - Salaries and Benefits Totals: 749,203 1,066,900 1,066,900 737,053 1,199,925 133,025 14% 60 - Contract Services 101-6006-60103 Professional Services 0 0 0 0 0 0 0% 101-6006-60125 Temporary Agency Servi( 58,115 0 0 40,373 25,000 25,000 42% 60 - Contract Services Totals: 58.115 0 0 40,373 25,000 25,000 19% 62 - Maintenance & Operations 101-6006-60320 Travel & Training 1,109 10,000 10,000 1,443 10,000 0 0% 101-6006-60351 Membership Dues 150 0 0 150 150 150 75% 101-6006-60420 Operating Supplies 4,230 5,000 5,000 1,022 5,000 0 0% 62 - Maintenance & Operations Totals: 5,489 15,000 15,000 2,615 15,150 150 2% 69 - Internal Service Charges 101-6006-98110 Information Tech Charge 183,900 259,800 259,800 194,850 I 259,800 0 0% 69 - Internal Service Charges Totals: 183,900 259,800 259,800 194,850 259,800 0 00/0 6006 - The Hub Totals: 996,706 1,341,700 1,341,700 974,891 1,499,875 158,175 13% 136 CITY OF LA QUINTA GENERAL FUND EXPENSE NOTES FY 2024/25 PROPOSED BUDGET Department : 6006 - The Hub 101-6006-50101 Permanent Full Time 100% - Hub Manager 100% - Sr. Permit Technician 100% - Permit Technician (6) 100% - Administrative Assistant 101-6006-50102 Salaries - Part Time 100% - Data Reporting Specialist (P/T) 101-6006-60320 Travel & Training 728,325.00 89,200.00 10,000.00 Tyler Annual Conference California Municipal Revenue & Tax Annual Conference Structured Query Language (SQL) training Fred Pryor- Technical & management training 137 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2024/25 PROPOSED BUDGET 2022/23 2023/24 2023/24 2023/24 2024/25 24/25 vs. % Change Actuals Original Budget Current Budget YTD Activity* Proposed Budget Current 23/24 in Budget 1006 - Finance 50 - Salaries and Benefits 101-1006-50101 Permanent Full Time 838,404 984,700 984,700 726,109 1,037,600 52,900 6% 101-1006-50105 Salaries - Overtime 50 0 0 2,419 0 0 0% 101-1006-50110 Commissions & Boards 1,425 3,700 3,700 1,575 3,700 0 0% 101-1006-50150 Other Compensation 2,627 0 0 0 0 0 0% 101-1006-50200 PERS-City Portion 73,944 83,500 83,500 70,436 101,400 17,900 25% 101-1006-50201 PERS-Employee Portion 0 0 0 12 0 0 0% 101-1006-50210 PERS-Survivor Benefits (2) 0 0 (1) 0 0 0% 101-1006-50215 Other Fringe Benefits 11,570 12,870 12,870 9,345 12,900 30 0% 101-1006-50221 Medical Insurance 174,581 236,700 236,700 154,452 270,000 33,300 15% 101-1006-50222 Vision Insurance 1,902 0 0 1,560 0 0 0% 101-1006-50223 Dental Insurance 7,714 0 0 6,589 0 0 0% 101-1006-50224 Life Insurance 542 0 0 465 0 0 0% 101-1006-50225 Long Term Disability 5,148 6,300 6,300 4,482 6,600 300 6% 101-1006-50230 Workers Comp Insurance 17,600 47,200 47,200 35,400 47,200 0 0% 101-1006-50240 Social Security -Medicare 12,179 14,300 14,300 10,587 15,100 800 7% 101-1006-50241 Social Security -FICA 88 0 0 98 0 0 0% 50 - Salaries and Benefits Totals: 1,147,772 1,389,270 1,389,270 1,023,528 1,494,500 105,230 90/0 60 - Contract Services 101-1006-60102 Administration 13,081 20,000 20,000 9,996 30,000 10,000 50% 101-1006-60103 Professional Services 32,885 70,000 70,000 17,165 70,000 0 0% 101-1006-60104 Consultants 63,571 70,000 70,000 42,445 70,000 0 0% 101-1006-60106 Auditors 71,860 80,000 80,000 50,600 110,000 30,000 38% 101-1006-60122 Credit Card Fees 1,405 1,500 1,500 (352) 1,500 0 0% 60 - Contract Services Totals: 182,801 2411500 241,500 119,855 281,500 40,000 20% 62 - Maintenance & Operations 101-1006-60137 Community Engagement 101-1006-60320 Travel & Training 101-1006-60351 Membership Dues 101-1006-60352 Subscriptions & Publicati< 101-1006-60400 Office Supplies 101-1006-60410 Printing 101-1006-60450 Advertising 62 - Maintenance & Operations Totals: 69 - Internal Service Charges 101-1006-98110 Information Tech Charge 69 - Internal Service Charges Totals; 335 1,500 1,500 0 1,500 0 0% 12,345 25,000 25,000 13,001 25,000 0 0% 3,088 3,500 3,500 3,634 4,000 500 14% 2,550 2,200 2,200 1,784 2,200 0 0% 4,792 2,500 2,500 2,416 3,000 500 20% 2,428 5,000 5,000 1,664 5,000 0 0% 158 1,000 1,000 0 1,000 0 0% 25,696 40,700 40,700 22,499 41,700 1,000 2% 204,600 285,800 285,800 214,350 I 285,800 0 0% 204,600 285,800 285,800 214,350 285,800 0 00/0 1006 - Finance Totals: 1,560,869 1,957,270 1,957,270 1,380,232 2,103,500 146,230 90/0 138 CITY OF LA QUINTA GENERAL FUND EXPENSE NOTES FY 2024/25 PROPOSED BUDGET Department : 1006 - Finance 101-1006-50101 Permanent Full Time 1,037,600.00 90% - Finance Director (10% Housing Fund) 100% - Finance Manager 100% - Principal Management Analyst 100% - Sr. Accountant 100% - Accountant 100% - Jr. Accountant 100% - Sr. Finance Technician 100% - Finance Technician (2) 100% - Administrative Technician 101-1006-60102 Administration 30,000.00 Bank service fees Fiscal custodian fees 101-1006-60103 Professional Services 70,000.00 Financial Advisory Commission Subcommittee Support Professional accounting support Armored Car Services Annual Budget -at -a -Glance Third party audits & policy verifications State Controller's Report - Citywide Pension Plan Review Consulting Services OPEB annual third -party valuation, retiree health 101-1006-60104 Consultants 70,000.00 Property tax revenue analysis Sales tax revenue analysis 101-1006-60137 Community Engagement 1,500.00 Community workshop and budget outreach 139 CITY OF LA QUINTA GENERAL FUND EXPENSE NOTES FY 2024/25 PROPOSED BUDGET 101-1006-60320 Travel & Training 25,000.00 California Society of Municipal Finance Officers (CSMFO) Annual Conference California Municipal Treasurers Association (CMTA) Conference League of California Cities Conference Tyler ERP 10 training - Financial software Annual GASB update training Various half -day classes: CSMFO, GFOA, CAPPO 101-1006-60351 Membership Dues 4,000.00 CA Municipal Finance Officers Association (CSMFO) CA Municipal Treasurer Association (CMTA) Government Finance Officers Association (GFOA) CA Assoc. of Public Procurement Officials (CAPPO) UCLA Economic Forecast 101-1006-60352 Subscriptions & Publications 2,200.00 Annual Comprehensive Financial Report (ACFR) statistical data reports 101-1006-60410 Printing 5,000.00 Accounts Payable and Payroll checks Budget and financial reports - covers and tabs Financial Advisory Commission reports 101-1006-60450 Advertising 1,000.00 Newspaper advertisements for surplus sales and Request for Proposals 140 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2024/25 PROPOSED BUDGET 2022/23 2023/24 2023/24 2023/24 2024/25 24/25 vs. % Change Actuals Original Budget Current Budget YTD Activity* Proposed Budget Current 23/24 in Budget 1007 - Central Services 50 - Salaries and Benefits 101-1007-50109 Vacation & Sick Leave BL 130,044 150,000 150,000 120,455 150,000 0 0% 101-1007-50115 Contingency for Stafffing 0 500,000 490,000 0 500,000 10,000 2% 101-1007-50117 PERS - Unfunded Pensior 12,427,058 950,000 950,000 955,108 200,000 (750,000) -6% 101-1007-50200 PERS-City Portion 1,539 0 0 0 0 0 0% 101-1007-50221 Medical Insurance 926 0 0 0 0 0 0% 101-1007-50222 Vision Insurance 14 0 0 0 0 0 0% 101-1007-50223 Dental Insurance 66 0 0 0 0 0 0% 101-1007-50224 Life Insurance 4 0 0 0 0 0 0% 101-1007-50225 Long Term Disability 28 0 0 0 0 0 0% 101-1007-50240 Social Security -Medicare 1,887 0 0 1,747 0 0 0% 101-1007-50243 Employer Contrib Retiree 27,745 35,000 35,000 20,341 35,000 0 0% 101-1007-50244 State Unemployment Ins 31,582 25,000 25,000 90 25,000 0 0% 50 - Salaries and Benefits Totals: 12,620,892 1,660,000 1,650,000 1,097,740 910,000 (740,000) -6% 62 - Maintenance & Operations 101-1007-60351 Membership Dues 120 200 200 120 200 0 0% 101-1007-60401 Operating Supplies 0 1,000 1,000 0 1,000 0 0% 101-1007-60402 Forms, Copier Paper 4,787 5,000 5,000 3,940 5,000 0 0% 101-1007-60403 Citywide Supplies 10,066 8,000 8,000 10,538 10,500 2,500 31% 101-1007-60405 Miscellaneous Supplies 227 1,000 1,000 0 1,000 0 0% 101-1007-60470 Postage 17,583 25,000 25,000 14,262 25,000 0 0% 101-1007-60535 Sales Tax Reimbursemen 52,972 0 0 0 0 0 0% 101-1007-60536 TOT Resort Rebate Progr 0 100,000 400,000 49,995 100,000 (300,000) -100% 101-1007-60661 Postage Machine 22,912 13,000 13,000 11,886 13,000 0 0% 62 - Maintenance & Operations Totals: 108,667 153,200 453,200 90,740 155,700 (297,500) -72% 68 - Capital Expenses 101-1007-74010 Land Acquisition 452,554 500,000 500,000 0 I 20,000 (480,000) -100% 68 - Capital Expenses Totals: 452,554 500,000 500,000 0 20,000 (480,000) -1000/0 69 - Internal Service Charges 101-1007-91842 Liability Insurance & Claii 101-1007-91843 Property & Crime Insurar 101-1007-91844 Earthquake Insurance 101-1007-98110 Information Tech Charge 101-1007-98140 Facility & Fleet Maintenar 69 - Internal Service Charges Totals: 529,000 556,000 556,000 417,000 556,000 0 0% 25,500 28,500 28,500 21,375 28,500 0 0% 67,000 70,000 70,000 52,500 70,000 0 0% 115,000 144,400 144,400 108,300 144,400 0 0% 85,800 77,000 77,000 57,750 77,000 0 0% 822,300 875,900 875,900 656,925 875,900 0 00/0 99 - Transfers Out 101-1007-99900 Transfers Out 6,944,642 14,159,000 40,764,381 9,376,323 I 19,809,000 (20,955,381) -45% 99 - Transfers Out Totals: 6,944,642 14,159,000 40,764,381 9,376,323 19,809,000 (20,955,381) -45% 1007 - Central Services Totals: 20,949,055 17,348,100 44,243,481 11,221,729 21,770,600 (22,472,881) -360/b 141 CITY OF LA QUINTA GENERAL FUND EXPENSE NOTES FY 2024/25 PROPOSED BUDGET Department : 1007 - Central Services 101-1007-50115 Contingency for Stafffing 500,000.00 Workforce flexibility Work within Class and Compensation structure Manage CalPERS increases Ensure job rates reflect market rates 101-1007-50117 PERS - Unfunded Pension Liabi 200,000.00 Annual minimum CalPERS requirement to long-term pension liability. Based on valuation reports - inflation assumed at 2.3% with discount rate of 6.8%. Contribution per pension tier is as follows: Tier 1 - Classic $125,000 Tier 2 - $30,000 PEPRA Tier - $15,000 101-1007-60351 Membership Dues 200.00 Costco membership 101-1007-60536 TOT Resort Rebate Program 100,000.00 To promote new tourism activities within the City and encourage citywide participation and innovation proposals; rebate for hotels collecting resort fees up to $50,000 per propo 101-1007-74010 Land Acquisition 20,000.00 Engineering maps, property survey & title search services 142 CITY OF LA QUINTA GENERAL FUND EXPENSE NOTES FY 2024/25 PROPOSED BUDGET 101-1007-99900 Transfers Out 19,809,000.00 Art in Public Places - Maintenance/Installation CIP GF - City Hall Drainage Improvements CIP GF - Citywide Drainage Improvements CIP GF - Citywide Misc Concrete Improvements CIP GF - Citywide PMP Street Improvements CIP GF - Fritz Burns Park Improvements CIP GF - LLD Median Improvements CIP GF - Maintenance & Operations Yard CIP GF - Sidewalk & ADA Ramp Improvements CIP GF - Village Parking Lot Utility Underground Gas Tax Fund - Supplement Operations Law Enforcement Fund - Deceased LQ Officers LLD Fund - Supplement Maint. Operations Measure G - Citywide Dog Park Improvements Measure G - Cultural Campus Measure G - Fritz Burns Park Improvements Measure G - Hwy 111 Corridor Implementation Measure G - Maintenance & Operations Yard Measure G - Welcome Center Improvements PARS Supplemental Pension Plan SilverRock Resort Amount 50,000 1,000,000 477,000 1,000,000 2,000,000 2,000,000 500,000 500,000 75,000 500,000 500,000 2,000 2,500,000 500,000 1,000,000 2,500,000 3,050,000 400,000 750,000 5,000 500,000 143 CITY OF LA QUINTA INTERNAL SERVICE FUND EXPENSE DETAILS FY 2024/25 PROPOSED BUDGET 2023/24 2023/24 2023/24 2024/25 24/25 vs. % Changein Original Budget Current Budget YTD Activity* Proposed Current 23/24 Budget 501 - FACILITY & FLEET REPLACEMENT 0000 - Undesignated 62 - Maintenance & Operations 501-0000-60448 Vehicle Registrations 0 0 813 0 0 0% 501-0000-60674 Fuel & Oil 155,000 155,000 89,209 155,000 0 0% 501-0000-60675 Parts, Accessories, and U 100,000 150,000 15,543 50,000 (100,000) -67% 501-0000-60676 Vehicle Repair & Mainter 100,000 100,000 61,383 100,000 0 0% 501-0000-60678 Street Sweeper 10,000 10,000 104 0 (10,000) -100% 501-0000-60679 Motorcycle Repair & Main 10,000 10,000 9,743 10,000 0 0% 62 - Maintenance & Operations Totals: 375,000 425,000 176,793 315,000 (110,000) -26% 63 -Insurance 501-0000-91843 Property & Crime Insurar 13,750 14,080 10,560 I 13,750 (330) -2% 63 - Insurance Totals: 13,750 14,080 10,560 13,750 (330) -20/b 68 - Capital Expenses 501-0000-71020 Furniture 25,000 25,000 8,367 25,000 0 0% 501-0000-71030 Vehicles, Rentals & Lease 85,000 85,000 22,707 30,000 (55,000) -65% 501-0000-71031 Vehicles, Purchased 75,000 175,000 29,928 75,000 (100,000) -57% 501-0000-71032 Building Leases 40,000 40,000 33,974 40,000 0 0% 501-0000-71103 City Bldg Repl/Repair 230,000 281,000 75,568 430,000 149,000 53% 501-0000-71111 Deprec Exp - Mach & EqL 50,000 50,000 0 50,000 0 0% 501-0000-71112 Depreciation Expense - B 25,000 25,000 0 25,000 0 0% 501-0000-71113 Depreciation Expense - V 100,000 100,000 0 100,000 0 0% 501-0000-71114 Depreciation Expense - N 5,000 5,000 0 5,000 0 0% 501-0000-80100 Machinery & Equipment 375,000 874,000 21,040 200,000 (674,000) -77% 68 - Capital Expenses Totals: 1,010,000 1,660,000 191,584 980,000 (680,000) -41% 99 - Transfers Out 501-0000-99900 Transfers Out 50,000 231,964 0 I 50,000 (181,964) -78% 99 - Transfers Out Totals: 50,000 231,964 0 50,000 (181,964) -78% 0000 - Undesignated Totals: 1,448,750 2,331,044 378,937 1,358,750 (972,294) -42% 501- FACILITY & FLEET REPLACEMENT Totals: 1,448,750 2,331,044 378,937 1,358,750 (972,294) -42% 144 CITY OF LA QUINTA INTERNAL SERVICE FUND EXPENSE NOTES FY 2024/25 PROPOSED BUDGET Fund: 501 - FACILITY & FLEET REPLACEMENT 501-0000-71030 Vehicles, Rentals & Leases 30,000.00 City vehicles are leased through Enterprise 501-0000-71103 City Bldg Repl/Repair 430,000.00 Building repairs to include roof repair and interior/exterior painting 501-0000-80100 Machinery & Equipment 200,000.00 Mid -sized dump truck 145 CITY OF LA QUINTA INTERNAL SERVICE FUND EXPENSE DETAILS FY 2024/25 PROPOSED BUDGET 2023/24 2023/24 2023/24 2024/25 24/25 vs. % Changein Original Budget Current Budget YTD Activity* Proposed Current 23/24 Budget 502 - INFORMATION TECHNOLOGY 0000 - Undesignated 50 - Salaries and Benefits 502-0000-50101 Permanent Full Time 37,200 37,200 30,019 37,200 0 0% 502-0000-50200 PERS-City Portion 2,900 2,900 2,227 2,900 0 0% 502-0000-50215 Other Fringe Benefits 520 520 420 520 0 0% 502-0000-50221 Medical Insurance 9,600 9,600 4,252 9,600 0 0% 502-0000-50222 Vision Insurance 0 0 14 0 0 0% 502-0000-50223 Dental Insurance 0 0 124 0 0 0% 502-0000-50224 Life Insurance 0 0 21 0 0 0% 502-0000-50225 Long Term Disability 300 300 183 300 0 0% 502-0000-50240 Social Security -Medicare 600 600 435 600 0 0% 50 - Salaries and Benefits Totals: 51,120 51,120 37,695 51.120 0 00/0 60 - Contract Services 502-0000-60104 Consultants 502-0000-60108 Technical 502-0000-60300 Maintenance Agreements 502-0000-60301 Software Licenses 60 - Contract Services Totals: 62 - Maintenance & Operations 502-0000-60320 Travel & Training 502-0000-60351 Membership Dues 502-0000-60420 Operating Supplies 502-0000-60662 Copiers 62 - Maintenance & Operations Totals 66 - Utilities 502-0000-61300 Telephone - Utilities 502-0000-61301 Cell/Mobile Phones 502-0000-61400 Cable/Internet - Utilities 66 - Utilities Totals: 68 - Capital Expenses 502-0000-71047 City Clerk, Software Enhz 502-0000-71049 Software Implementatior 502-0000-71110 Depreciation Expense 502-0000-71111 Deprec Exp - Mach & EqL 502-0000-71115 Depreciation Expense - S 502-0000-80100 Machinery & Equipment 502-0000-80103 Computers 68 - Capital Expenses Totals: 480,000 480,000 390,913 480,000 0 0% 65,000 65,000 39,294 65,000 0 0% 6,000 6,000 31,761 33,125 27,125 452% 900,000 900,000 689,080 900,000 0 0% 1,451,000 1,451,000 1,151,048 1,478,125 27,125 2% 500 500 2,122 500 0 0% 0 0 390 0 0 0% 5,000 5,000 11,155 5,000 0 0% 80,000 80,000 9,206 80,000 0 0% 85,500 85,500 22,872 85,500 0 00/0 35,000 35,000 37,925 35,000 0 0% 60,000 60,000 41,601 60,000 0 0% 85,000 85,000 71,700 85,000 0 0% 180,000 180,000 151,227 180,000 0 00/0 0 0 0 13,000 13,000 0% 500,000 500,000 106,194 500,000 0 0% 5,000 5,000 0 5,000 0 0% 60,000 60,000 0 60,000 0 0% 70,000 70,000 0 70,000 0 0% 400,000 595,000 83,040 495,200 (99,800) -17% 280,000 280,000 100,155 280,000 0 0% 1,315,000 1,510,000 289,389 1,423,200 (86,800) -6% 0000 - Undesignated Totals: 3,082,620 3,277,620 1,652,231 3,217,945 (59,675) -20/o 502 - INFORMATION TECHNOLOGY Totals: 3,082,620 3,277,620 1,652,231 3,217,945 (59,675) -20/o 146 CITY OF LA QUINTA INTERNAL SERVICE FUND EXPENSE NOTES FY 2024/25 PROPOSED BUDGET Fund: 502 - INFORMATION TECHNOLOGY 502-0000-50101 Permanent Full Time 37,200.00 40% - Management Analyst (60% Housing Fund) 502-0000-60104 Consultants 480,000.00 Contracted information technology services 502-0000-60108 Technical 65,000.00 Cable services, wireless access points, modems, and virtual servers 502-0000-60320 Travel & Training 500.00 Fraud prevention, firewall, encryption, coding, and other IT - related trainings 502-0000-60420 Operating Supplies 5,000.00 Small equipment such as keyboards, computer mouses, cables, conference room TV's, speakers, docking stations, etc. 502-0000-80100 Machinery & Equipment 495,200.00 Aging inventory upgrades per 5-year plan Study Session AV upgrades 147 CITY OF LA QUINTA INTERNAL SERVICE FUND EXPENSE DETAILS FY 2024/25 PROPOSED BUDGET 2023/24 2023/24 2023/24 2024/25 24/25 vs. % Changein Original Budget Current Budget YTD Activity* Proposed Current 23/24 Budget 503 - PARK EQUIP & FACILITY FUND 0000 - Undesignated 68 - Capital Expenses 503-0000-71060 Parks 2,242,200 3,092,200 695,032 I 2,000,000 (1,092,200) -35% 68 - Capital Expenses Totals: 2,242,200 3,092,200 695,032 2,000,000 (1,092,200) -35% 0000 - Undesignated Totals: 2,242,200 3,092,200 695,032 2,000,000 (1,092,200) -35% 503 - PARK EQUIP & FACILITY FUND Totals: 2,242,200 3,092,200 695,032 2,000,000 (1,092,200) -35% 148 CITY OF LA QUINTA INTERNAL SERVICE FUND EXPENSE NOTES FY 2024/25 PROPOSED BUDGET Fund: 503 - PARK EQUIP & FACILITY FUND 503-0000-71060 Parks 2,000,000.00 Citywide park enhancements to include: Shade structures, benches, picnic tables, playground structures and other amenities 149 CITY OF LA QUINTA INTERNAL SERVICE FUND EXPENSE DETAILS FY 2024/25 PROPOSED BUDGET 2023/24 2023/24 2023/24 2024/25 24/25 vs. % Changein Original Budget Current Budget YTD Activity* Proposed Current 23/24 Budget 504-INSURANCE FUND 1010 - Insurance 60 - Contract Services 504-1010-60320 Travel & Training 5,000 5,000 1,336 5,000 0 0% 504-1010-60351 Membership Dues 1,000 1,000 0 1,000 0 0% 60 - Contract Services Totals: 6,000 6,000 1,336 6,000 0 00/0 62 - Maintenance & Operations 504-1010-60420 Operating Supplies 12,500 12,500 10,488 I 12,500 0 0% 62 - Maintenance & Operations Totals: 12,500 12,500 10,488 12,500 0 0% 63 -Insurance 504-1010-60441 Liability Insurance 395,000 395,000 395,165 380,000 (15,000) -4% 504-1010-60442 Claims 2,500 2,500 0 2,500 0 0% 504-1010-60443 Property Insurance 190,000 190,000 187,527 187,000 (3,000) -2% 504-1010-60446 Crime Insurance 2,000 2,000 1,800 2,000 0 0% 504-1010-60447 Earthquake Insurance 240,000 240,000 242,000 242,000 2,000 1% 504-1010-60452 Workers Comp Premium 270,000 270,000 269,483 226,000 (44,000) -16% 63 - Insurance Totals: 1,099,500 1,099,500 1,095,975 1,039,500 (60,000) -50/0 1010 - Insurance Totals: 1,118,000 1,118,000 1,107,799 1,058,000 (60,000) -50/o 504 - INSURANCE FUND Totals: 1,118,000 1,118,000 1,107,799 1,058,000 (60,000) -50/0 150 CITY OF LA QUINTA INTERNAL SERVICE FUND EXPENSE NOTES FY 2024/25 PROPOSED BUDGET Fund: 504 - INSURANCE FUND 504-1010-60320 Travel & Training 504-1010-60351 504-1010-60420 5,000.00 California Joint Powers Insurance Authority (CJPIA) Public Agency Risk Management Association (PARMA) Membership Dues 1,000.00 Public Agency Risk Management Association (PARMA) members Operating Supplies 12,500.00 Ergonomic assessments and first aid kit supplies/maintenance 151 152 BUSINESS SESSION ITEM NO. 1 City of La Quinta CITY COUNCIL MEETING: May 21, 2024 STAFF REPORT AGENDA TITLE: APPROVE THE 2024 LEGISLATIVE POLICY GUIDE UPDATES RECOMMENDATION Approve the Legislative Policy Guide updates and authorize the Mayor, one Council Member, and City Manager to issue letters within the scope of these policies. EXECUTIVE SUMMARY • The updated 2024 Legislative Policy Guide (Guide) (Attachment 1) presents the Council's position on proposed legislation and allows the City to weigh in on legislative matters that may impact the City. • The Guide has been updated to incorporate legislative proposals that surfaced this calendar year and includes proposed legislation that would impact the City in areas such as transportation, public works, community development, and public safety. • The Guiding Principles presented in the Guide serve as the Council's direction on pending legislation and enable staff to immediately respond to proposed legislation in a timely matter. FISCAL IMPACT — None. BACKGROUND/ANALYSIS The legislative landscape is constantly changing, producing pending legislation that may impact the City's ability to conduct business and provide services. The Guide enables the City to have a voice on emerging issues and allows staff to take immediate action on pressing legislation. The Guide presents the policies that guide the City's legislative advocacy initiatives which include — enhance local authority, sustain fiscal responsibility, foster economic development, promote health and wellness, support public safety, and encourage preservation of the environment. In addition, the Guide provides an overview of important legislative developments arising in 2024 and connects them to emerging trends in our area. It also itemizes the Council's 153 policy position on key legislative areas such as economic development, finance, transportation, and public safety, among others. The City receives informational updates on legislative efforts through a variety of channels, including the League of California Cities, City lobbyist Gonsalves and Son, and the City Attorney. Gonsalves and Son provide weekly phone and email updates with staff, monthly summaries, and Legislative Reports with an overview of each bill and current status. ALTERNATIVES As the Legislative Guide is a resource for both Council and Staff to expedite responses on legislative matters, staff does not recommend an alternative. Prepared by: Gil Villalpando, Director of Business and Housing Approved by: Jon McMillen, City Manager Attachment: 1. Legislative Policy Guide 2024 154 ATTACHMENT 1 ta ow�trdj CALIFORNIA LEGISLATIVE POLICY GUIDE 2024 155 The Legislative Policy Guide ("Guide") is to intentionally promote the adoption of legislation that will establish sound public policy for responsible governance; protect and enhance public health, safety, and welfare; and aid in the City's delivery of high -quality services to its residents. The Guide is intended to articulate the City's positions on issues that are currently, or are anticipated to be, the focus of future legislation. The positions contained in the Guide are intended to supplement the broad range of goals, policies, and programs reflected in the General Plan, Municipal Code, and other adopted documents. Therefore, advocacy efforts may be based on references articulated in these policy documents as they provide current direction for the City organization. City departments are encouraged to review proposed legislation to determine how it relates to the City's legislative platform and recommend a position that they determine to be "high priority" and recommend that the Mayor write letters, contact legislators, and otherwise communicate the position of the City as appropriate. The Mayor, or designee after conferring with the City Manager, may authorize staff to contact legislators to advocate for or against legislation that is consistent with the City's legislative platform. 156 2024 Legislative Policy Guide The Guide is a tool for the City to navigate through the legislative landscape. This document details the City's Guiding Principles and Policy Positions on priority issues and provides a comprehensive approach to allow staff to take immediate action on pressing legislation under City Council direction. The Guide identifies legislative trends and active legislation that may have an impact on the City's interests and affairs, and supplements other Council -established goals and policies. Guiding Principles Enhance Local Authority The City of La Quinta is a charter city that supports legislation aimed at preserving local authority. Additional regulations or mandates that undermine local control are detrimental to quality service delivery. sustain rascal Responsibility The City of La Quinta has been able to successfully maneuver through redevelopment dissolution and economic downturn through prudent, disciplined spending and cost-effective stewardship of City resources. Therefore, the City supports measures that promote fiscal stability. roster Economic Development The City of La Quinta supports legislative efforts designed to foster economic development tools and funding options for effective service delivery. IV. Promote Public Health and Wellness The City of La Quinta actively seeks to promote a healthy and vibrant community that provides various recreational activities and opportunities for residents and visitors to enjoy the unique benefits of La Quinta. V. Support Public Safetv The City of La Quinta strongly supports community safety by providing high quality law enforcement and fire services and maintaining health and safety standards for its residents and visitors. VI. Encourage Preservation of the Environment The City of La Quinta is a thriving desert oasis that supports a proactive and thoughtful stance regarding the enhancement and conservation of the desert environment that surrounds us, including the Salton Sea. 157 Policy Positions ECONOMIC DEVELOPMENT • The City of La Quinta supports economic development policies and funding mechanisms that foster a hospitable and thriving business environment. • Considering budget shortfalls, the City supports public -private development opportunities that encourage economic activity and promote health and wellness within the City. • The City supports retaining financial flexibility and authority regarding redevelopment dissolution matters. • The City opposes measures that would make the City more dependent on the State for financial stability. • The City supports legislation that facilitates the recoupment of costs derived from State and Federal mandates. • The City of La Quinta is a charter city that relies on contract services to provide efficient service delivery. • The City opposes any change in revenue allocations that would negatively affect local governments. • The City opposes any action that would preempt local control over locally imposed taxes and other funding sources. The City opposes unfunded State and Federal mandates. • The City of La Quinta supports legislation that develops programs to increase housing and funding opportunities to meet growth demand in our area. • The City supports legislative efforts that provide incentives to local governments and private developers to develop housing opportunities including affordable housing for low-income and disabled seniors, adults, and veterans. The City of La Quinta supports the preservation of our environment. • The City promotes the development of reasonable regulations to encourage and maximize the responsible use of reclaimed water as an alternative to California's fresh water supply. • The City supports financial incentives and legislation that encourages water reuse and the treatment of municipal wastewater for non -potable reuse. • The City of La Quinta supports measures that provide financing tools for increasing effective, clean transportation. The City supports clean energy alternatives that are adequately funded. • The City supports State clean energy programs that are financially viable and direct funding to local government to invest in clean energy. • The City supports developing vital infrastructure and streamlining the Local, State, and Federal process for infrastructure development to better meet local needs. • The City supports legislation that strengthens local authority over land use and infrastructure development. 159 • The City of La Quinta supports legislation that strengthens local law enforcement and safeguards communities. • The City supports measures aimed at providing sustained support for law enforcement to deal with the additional supervision and enforcement requirements of State -mandated realignment provisions. • The City opposes expansion of "early release" for offenders without necessary mechanisms in place for local law enforcement to provide corresponding services. The City of La Quinta strongly supports attracting tourism. • The City supports efforts that help promote the City's hospitality, parks and recreation, health and wellness offerings, and entertainment venues. • The City supports working closely with public and private agencies to help boost advertisement and other means of garnering tourism. • The City supports measures that fund parks and recreation programs. 160 New California Laws for 2024 The California Legislature introduced over 2,600 bills in 2023. Less than half (1,046) made it to the Governor's desk in September. The Governor signed 890 bills and vetoed 156, about the same 15% veto rate as the previous year. Below are a few laws impacting the City that took effect in January 2024: SIB 423 (Multi -Family Housing Developments) — Extends the original SB 35 ministerial approval sunset to 2036 for certain multi -family housing developments, especially 100% affordable. Also includes development in coastal regions now under certain conditions. The State can approve or deny new housing developments on all State-owned and leased land. SIB 525 (Health Care Workers Minimum Wage) — Raises the minimum wage of health care workers to $21/hour in 2024, and then $25/hour in 2025 depending on the size of medical organization. This is not just for the medical team; this also applies to janitors, medical technicians, office assistants, etc. AB 1228 (Fast -Food Workers Minimum Wage) — Raises the minimum wage of fast-food workers to $20/hour by April 2024. A California Fast -Food Council will also be convened to set labor and safety standards across the industry. AB 40 (Emergency Medical Services) — Requires ambulance off-load times not to exceed 30 minutes from time of arrival at a hospital or medical clinic to transferring custody to the hospital/medical clinic's staff. There is a buffer zone of 10% of total ambulance off -loads that can exceed this time limit. AB 1572 (Non -Potable Water for Nonfunctioning Turf) — Prohibits the use of potable water (safe for human consumption) for nonfunctional turf. Local governments must start this in January 2027, commercial and industrial properties start in 2028, and HOAs start in 2029. Organizations and property owners must use non -potable water or no water at all. Parks and sports fields are considered functional turf. There are exceptions for tree and plant health and irrigated commercial areas over 5,000 square feet. AB 12 (Tenancy Security Deposits) — Landlords cannot take a security deposit greater than one month's rent. Landlords were previously able to take up to 2-3 month's rent as a deposit. AB 1484 (Temporary Public Employees) — Temporary public employees shall be included in the same bargaining unit as permanent employees, which may make them eligible for the same benefits such as vacation time, holidays, and sick days. This may increase costs for hiring temps, seasonal, and part-time workers. AB 1637 (Local Government Website Domains) — Local government website domains and email addresses must be ".gov" by January 2029. This includes all municipal and tourism websites that are currently using ".org" or ".com" domains. 161 Pending Legislation Impacting Us The public policy landscape is constantly changing, and it is incumbent on the City to stay up to date on the latest developments. Anticipating the effects new legislation and amendment re -writes may have on the community is imperative. Below are pending legislation in key areas of interest to the City: SIB 584 (Limon) (Short -Term Rental Tax Law) — Creates a new Short -Term Vacation Rental (STVR) tax for renters that will go towards a statewide Laborforce Housing Fund to assist public entities and nonprofits with creating more affordable housing across the state. The new STVR tax will be 15% of the total rental cost. STVR operators earning less than $100K annually do not have to collect the STVR tax. AB 1657 (Wicks) (Affordable Housing Bond Act) — Enacts the Affordable Housing Bond Act of 2024 and authorizes the issuance of bonds for $10B. Bond sales would help finance affordable rental housing and homeownership programs across the state. AB 1782 (Ta) (Housing Redevelopment Successor Agencies) — Increases the annual amount from $250K to $500K that a housing redevelopment successor agency can expend on homelessness prevention programs. Funds must come out of the housing successor agency's Low and Moderate Income Housing Asset Fund. The City currently expends $300K annually towards homelessness prevention programs. AB 1813 (Alanis) (Senior Tenant Rental Subsidy Grant) — Establishes the Senior Tenant Shallow Rental Subsidy Program of 2024. Requires the state to develop a grant for cities and counties to provide rent subsidies for senior citizens at risk of homelessness. Half of the grants will go to cities with 250K and higher population. The other half will go to cities with less than 250K population. Subsidies to individual senior citizens will be no more than $500/month for up to 18 months. SIB 834 (Portantino) (Family Home Construction and Homeownership Bond Act) — Enacts the Family Home Construction and Homeownership Bond Act of 2023 if adopted. This would authorize the issuance of $25B in bonds to fund certain housing programs across the state. SIB 968 (Seyarto) (Regional Housing Needs Allocation) — Allows a council of governments that determines Regional Housing Needs Assessment (RHNA) methodology to consider prior overproduction of housing units in the previous RHNA cycle to count as credit toward the next RHNA cycle. RHNA quantifies the need for housing within each jurisdiction during 8-year planning cycles. 162 AB 2 (Ward) (Solar Panel Recycling) — CalRecycle shall establish a covered solar panel recycling fee and charge new consumers and service providers at the time of purchase. Consumers and service providers will start paying the fee in January 2028. The new fee will fund a subaccount in the CalRecycle electronic waste account to continuously fund e-waste recovery and recycling. Also requires an end - of -life management plan for solar panel modules by January 2028. AB 573 (Garcia) (Organic Waste Products Procurement Targets) — Requires CalRecycle to allow local jurisdictions to procure recovered organic waste products that are derived from CA organic waste but processed outside the state until December 2031. Current law requires organic waste procurement products be processed in CA. SB 615 (Allen) (Electric Vehicle Batteries) — Requires all vehicle traction batteries to be recovered, reused, or recycled at their end -of -useful -life in an electric motor vehicle. Requires a vehicle manufacturer, dealer, dismantler, or repair shop to ensure the responsible end -of -life management of the battery once removed from the vehicle. SB 638 (Eggman) (Climate Resiliency and Flood Protection Act) — Enacts the Climate Resiliency and Flood Protection Act of 2024 if approved by voters. Would authorize the issuance of $613 in bonds for flood protection and climate resiliency projects across the state. SB 969 (Wiener) (Entertainment Zones and Open Alcohol Consumption) — Authorizes any city and county to establish entertainment zones where people can consume alcohol on public streets, sidewalks, and rights -of -way on or after January 2025. Prior to adopting an ordinance to create the new zone(s), local governments must run the details by their local law enforcement agency first. AB 1713 (Gipson) (Federal Funding Reports) — Requires local agencies to submit a report to their local legislative body if they fail to spend federal funding by the expiration date. The report must also explain what funds were expended, what funds were returned, and why all funds were not used. SCA 2 (Stern) (Voter Qualifications) — Measure would reduce CA's minimum voting age to 17. AB 591 (Gabriel) (Public Electric Vehicle Charging Stations) — Requires public, fee -based electric vehicle charging stations to accept payment by credit card and include universal connectors that enable any electric vehicle to charge. 163 AB 19 (Patterson, Joe) (Opioid Overdose Prevention in Schools) — Requires each public and charter school that has a school nurse, or trained personnel, available to maintain at least two units of naloxone hydrochloride. This drug negates or neutralizes the effects of an opioid overdose. AB 86 (Jones -Sawyer) (Statewide Homelessness Coordinator) — Requires the Governor to appoint a Statewide Homelessness Coordinator to serve as the lead person to oversee all state homelessness programs, services, data, and policies between federal, state, and local agencies. SB 37 (Caballero) (Older and Disabled Adults Housing Stability Act) — Requires the state to develop a grant program to offer grants to non -profits, public housing authorities, and agencies on aging to administer a housing subsidy program for older adults and adults with disabilities who are experiencing, or at risk of, homelessness. AB 1034 (Wilson) (Facial Recognition Technology) — Prohibits a law enforcement agency or officer from installing, activating, or using any biometric surveillance system (such as facial recognition technology) in connection with an officer's body camera. AB 1463 (Lowenthal) (Automated License Plate Reader) — Public agencies that are Automated License Plate Reader (ALPR) operators or end users shall purge all ALPR information after 30 days if anything does not match a specified hot list. This also prohibits operators and end users from accessing ALPR data older than 60 days. SB 50 (Bradford) (Vehicle and Bicycle Low -Level Infractions) — Prohibits a peace officer from stopping or detaining an operator of a vehicle or bicycle for a low-level infraction, unless a separate, independent basis for a stop exists or more than one low-level infraction. Low-level infractions include outdated vehicle registration and license plates, malfunctioning vehicle lights, dark window tint, and faulty bicycle equipment. 164 Governor's Proposed 2024-25 State Budget Governor Gavin Newsom submitted his 2024-25 State Budget proposal to the Legislature on January 10, 2024 — a $291.5 billion fiscal blueprint that provides funding for Education, Environmental Quality, Public Safety, Community Services, Housing & Homelessness, Transportation & Public Works, Governance, and Labor Relations. This budget proposal is $19.3 billion less than the previous fiscal year, with a projected deficit of $37.9 billion. This substantial budget deficit is mostly due to extraordinary prior -year revenue shortfalls. The federal government extended tax filing deadlines multiple times last year in response to extreme winter storms, and California followed suit. As a result, the complete picture of 2022-23 tax collections became clear only after the fiscal year closed and the previous year's budget had passed. The deficit was balanced by using reserves, cuts, internal borrowing, delays, fund shifts, and deferrals. May revisions were presented by the Governor's office. Pending any changes before final Legislature approval on June 15, 2024. I'] Budget summary based on the Proposed Budget Summary (2024) on the California Budget 2024-25 165 LEGISLATIVE CALENDAR 2024 MONTHLY OVERVIEW Below is an overview that summarizes major legislative events and key dates that occur month -to -month in Sacramento. January: The previous year's laws go into effect January 1. The full Legislature reconvenes on January 3. The Governor must submit the budget by January 10. Last day for each house to pass their own bills that were introduced the previous year is January 31. February: The last day for bills to be introduced is February 16. March: Spring Recess begins on March 22. April: Legislature reconvenes on April 1. Last day for policy committees to hear and report new fiscal bills to fiscal committees is April 26. May: Policy committees must report non -fiscal bills by May 3. Last day for policy committees to meet is May 10; last day for fiscal committees to meet is May 17. Floor session only from May 20-24. Each house must pass their own bills by May 24. Committee meetings resume on May 28. June: Budget Bill must be passed by June 15. Last day for a legislative measure to qualify for the November general election is June 27. July: The last day for policy committees to meet and report bills is July 3. Summer Recess begins on July 4. August: Legislature reconvenes on August 5. The last day for fiscal committees to report bills is August 16. Floor session only from August 19-31. Final day for each house to pass remaining bills is August 31. Final recess begins on September 1. September: September 30 is the last day for the Governor to approve or veto bills passed by the Legislature. October: Bills enacted on or before October 2 take effect in January 2025. November: The General Election is held on November 5. December: The 2025-2026 Legislative Session convenes on December 2 for an organizational session. BUSINESS SESSION ITEM NO. 2 City of La Quinta CITY COUNCIL MEETING: May 21, 2024 STAFF REPORT AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH DESERT RECREATION DISTRICT FOR MANAGEMENT AND OPERATIONS OF THE FRITZ BURNS POOL RECOMMENDATION Approve Agreement for Contract Services with Desert Recreation District for management and operations of the Fritz Burns Pool; and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY • In June 2019 Desert Recreation District (DRD) was awarded a contract for year- round management and operations of the Fritz Burns Pool (Pool). • DRD organizes youth and adult swim programs including water aerobics, swim lessons, movies, and events. • The proposed Agreement for Contract Services (Attachment 1) allows DRD to continue pool management and programs for fiscal years (FY) 2024/25 and 2025/26 with an option to extend for an additional two-year term. FISCAL IMPACT Revenues generated by the Pool help offset the annual expense of facility operations. The fiscal impact varies based on hours and days of operation as outlined in Attachment 1. Staff proposes three options for Council consideration: • Option 1: 12-month full operations for a total sum of $253,508.56 • Option 2: 12-month with reduced operations in Oct/Nov/Dec for a total sum of $232,903.85 • Option 3: 9-month operations, no programming in Oct/Nov/Dec for a total sum of $226,903.81 To account for anticipated increases in staffing fees and program supplies, the compensation listed above includes a 2.5 to 5% increase for FYs 2026/27 and potentially FYs 2027/28 and 2028/29, if the agreement is extended for a two-year term. Proposed compensation to be allocated for the three options are detailed below: 167 Option 1 — 12-Month Full Operations Fiscal Year Cost 2024/25 $253,508 2025/26 up to 5% increase $266,183 Initial Term Not To Exceed: $519,691 Optional 2-Year Term Extension 2026/27 up to 5% increase $279,492 2027/28 (up to 5% increase) $293,466 Extended Two -Year Term Not To Exceed: $572,958 Option 2 — 12-Month Reduced Operations in Oct/Nov/Dec Fiscal Year Cost 2024/25 $232,903 2025/26 (up to 5% increase $244,548 Initial Term Not To Exceed: $477,451 Optional 2-Year Term Extension 2026/27 (up to 5% increase) $256,775 2027/28 up to 5% increase $269,613 Extended Two -Year Term Not To Exceed: $526,388 Oration 3 — 9-Month Operations. No Proarammina in Oct/Nov/Dec Fiscal Year Cost 2024/25 $226,903 2025/26 (up to 5% increase) $238,248 Initial Term Not To Exceed: $465,151 Optional 2-Year Term Extension 2026/27 (up to 5% increase) $250,160 2027/28 (up to 5% increase $262,668 Extended Two -Year Term Total: $512,828 Funding will be budgeted in the Fritz Burns Pool Programming Account No. 101-3003- 60184 and adjusted based on the option approved by Council. BACKGROUND/ANALYSIS DRD began Pool management in June 2019. Since then, they have successfully managed day-to-day operations and introduced a variety of community programming including water aerobics, swim lessons, Dive -In movie nights, and special events. The proposed Agreement allows DRD to continue pool operations and programs for FYs 2024/25 and 2025/26, with an option to extend for an additional two-year term. The revenues generated by Pool operations and programs help offset the annual expense of facility operations. In FY 2022/23, the Pool generated $63,317 in revenue, reducing operations by nearly 25%. Thus far, FY 2023/24 revenue has offset the overall cost of operations by $42,949. FY 2022/23 was the first full year of operations post the COVID- 168 19 pandemic and on average the Pool accommodated nearly 480 users per month, with an annual attendance of 5,760 program participants. Currently the Pool is functioning at full operations for all twelve months of the year and serves on average 554 users per month. Attendance for FY 2023/24 is anticipated to be around 6,650 The increased participation in Pool programs indicates the community's interest in expanding services. The proposed operational costs (Attachment 2) are estimates based on projected expenses and revenues. Direct costs will increase at an annual rate of 2.5% - 5.0% based on market conditions. Staff are proposing three options for Council consideration. Option (1) includes twelve months of full Pool operations and 100 % cost recovery of an Aquatic Specialist. Option (2) includes reduced twelve months of Pool operations and 85% cost recovery of an Aquatic Specialist. Option (3) includes nine months of operations and 75% cost recovery of an Aquatic Specialist. ALTERNATIVES Council may elect to modify and/or deny approval of the Agreement, however, this would interrupt pool services and programs until another service provider is contracted. Prepared by: Michael Calderon, Community Services Management Analyst Approved by: Christina Calderon, Community Services Deputy Director Attachments: 1. Agreement for Contract Services 2. Desert Recreation Proposal 169 ATTACHMENT 1 AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and Desert Recreation District, a California special district with a place of business at 45-305 Oasis St., Indio, California 92201 ("Contracting Party"). The parties hereto agree as follows: 1. SERVICES OF CONTRACTING PARTY. 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to management and operations of Fritz Burns Pool, as specified in the "Scope of Services" attached hereto as "Exhibit A" and incorporated herein by this reference (the "Services"). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "industry 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 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws. 1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party 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. Contracting Party 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. Contracting Party 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. Contracting Party shall be responsible for all subcontractors' compliance with this Section. 170 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party's risk until written instructions are received from the Contract Officer, or assigned designee (as defined in Section 4.2 hereof). 1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party's work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, 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 Contracting Party shall not relieve Contracting Party 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 Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party 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, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, 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 Contracting Party. It is expressly understood by Contracting Party 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 unenforceable. Failure of Contracting Party to secure the Contract Officer's, or assigned designee's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. -2- 171 Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. 1.8 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. COMPENSATION. 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with "Exhibit B" (the "Schedule of Compensation") in a total amount not to exceed TBD pending approval of Option 1, Option 2, or Option 3 per fiscal year (the "Contract Sum"), which is comprised of TBD estimated costs for the initial year of the Agreement and an annual 2.5% - 5.0% increase in compensation for the remaining year of the Agreement and extended terms except as provided in Section 1.7. 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 Contracting Party's rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party 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, Contracting Party's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement. 2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party 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 Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer, or assigned designee, and subject to retention pursuant to Section 8.3, City will pay Contracting Party 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. -3- 172 2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement. 3. 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, or assigned designee. 3.3 Force Maieure. 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 Contracting Party, 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 Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, 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 the Contract Officer's judgment such delay is justified, and the Contract Officer's determination, or assigned designee, 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, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on July 1, 2024, and terminate on June 30, 2026 ("Initial Term"). This Agreement may be extended for ME 173 two (2) additional years upon mutual agreement by both parties ("Extended Term"), and executed in writing. 4. COORDINATION OF WORK. 4.1 Representative of Contracting Party. The following principals of Contracting Party ("Principals") are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith: (a) Barb Adair, Assistant General Manager Telephone No.: (760) 347-3484 Email: badairCcD_drd.us.com (b) Maureen Archuleta, Community Services Supervisor Telephone No.: (760) 347-3484 Email: marchuleta(@-drd.us.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 Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party 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", otherwise known as Christina Calderon, Community Services Deputy Director or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party's responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, 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 Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be 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 -5- 174 of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City's express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, 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 Contracting Party's employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party 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. Contracting Party 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 Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party 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 Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party 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, Contracting Party 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 (TERS") 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. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party 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. Contracting Party shall fully comply with the workers' compensation laws regarding Contracting Party and Contracting Party's employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Contracting Party 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. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct M 175 supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 City Cooperation. City shall provide Contracting Party 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 Contracting Party only from or through action by City. 5. INSURANCE. 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party 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. 5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency's Risk Manager prior to commencement of performance. 6. INDEMNIFICATION. 6.1 Indemnification. To the fullest extent permitted by law, Contracting Party 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. RECORDS AND REPORTS. 7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party's performance of the Services required by this Agreement as the Contract Officer, or assigned designee, shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party 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 Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer, or assigned designee, of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed. -7- 176 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the "Books and Records"), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, 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, or assigned designee, 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 Contracting Party's business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party'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 Contracting Party, 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 assigned designee, or upon the expiration or termination of this Agreement, and Contracting Party 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 Contracting Party will be at City's sole risk and without liability to Contracting Party, and Contracting Party's guarantee and warranties shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party 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 Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom. 7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any W 177 changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party 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. 7.5 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. Contracting Party 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. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party 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. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party's covenant under this section shall survive the termination or expiration of this Agreement. 8. 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 in 178 Contracting Party 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, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party 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 Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party 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 Contracting Party 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 Contracting Party. 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 for -10- 179 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 Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party 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, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement. 8.8 Termination for Default of Contractina Partv. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City -owned property which Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party 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 Contracting Party for the purpose of setoff or partial payment of the amounts owed City. 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. 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 Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Contracting Party 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 -11- 180 Contracting Party's performance of the Services under this Agreement. Contracting Party 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, or assigned designee. Contracting Party 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. Contracting Party 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. Contracting Party 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. Contracting Party shall take affirmative action to ensure 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. 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: Michael Calderon 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: DESERT RECREATION DISTRICT Attention: Maureen Archuleta 45-305 Oasis Street Indio, California 92201 10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. -12- 181 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 Contracting Party 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, Contracting Party 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 Contracting Party without further acknowledgment of the parties. 10.9 No Third -Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third -party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of -13- 182 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] -14- 183 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California Municipal Corporation JON McMILLEN, City Manager City of La Quinta, California Dated: ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California DESERT RECREATION DISTRICT a California Special District KEVIN KALMAN. General Manager Desert Recreation District -15- 184 Exhibit A Scope of Services Contracting Party agrees to manage and operate the Fritz Burns Pool which includes the following responsibilities: • Provide pool management and operations for Fritz Burns Pool located at 78-060 Francis Hack Lane, including but not limited to, marketing and programming. • Embody high quality standards, emphasize excellent customer services, and have ability to maintain consistently high standards while managing and operating Fritz Burns Pool. • Meet and review, with City staff, pool operations and associated expenses on a quarterly basis. • Hire aquatic class instructors and provide all program equipment, materials, supplies and tangible items needed. • Hire lifeguards and provide the required trainings, uniforms, and supplies. • Offer a variety of *programs including but not limited to Lap Swim, Senior Splash, Aqua Fit, Water Aerobics, Youth Swim lessons (Attachment 1) and hire a pool manager to provide direct supervision of Desert Recreation (DRD) team members. *Programs subject to change pending City approval. • Adhere to operating hours as described in proposal (Attachment 1). Hours of operation are subject to change based on weather conditions, maintenance, etc., pending City approval. • Make arrangements to accept applicable health insurance plans for payment of aquatic classes when participation in a class is for medical aquatic physical therapy treatment (prescribed therapeutic exercise). In order for class participants to submit health insurance plan for payment, they must provide a current prescription from their doctor for physical therapy. The prescription needs to include a valid diagnosis and the frequency/duration of treatment. If health insurance company does not cover the expenses, participant will be responsible for full class payment. • All services provided by the Contracting Party must be performed to the highest industry standards and compliant with all applicable local, county, state and federal laws. • Contracting Party represents and warrants that the Scope of Services under this Agreement are for pool operations only. No construction, pre -construction, alteration, demolition, installation, repair, or maintenance work on the pool will be done under this agreement. Exhibit A Page 1 of 4 185 ADDENDUM TO AGREEMENT Re: Scope of Services If the Scope of Services include construction, alteration, demolition, installation, repair, or maintenance affecting real property or structures or improvements of any kind appurtenant to real property, the following apply: 1. Prevailing Wage Compliance. If Contracting Party is a contractor performing public works and maintenance projects, as described in this Section 1.3, Contracting Party shall comply with applicable Federal, State, and local laws. Contracting Party is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the "Prevailing Wage Laws"), and La Quinta Municipal Code Section 3.12.040, which require the payment of prevailing wage rates and the performance of other requirements on "Public works" and "Maintenance" projects. If the Services are being performed as part of an applicable "Public works" or "Maintenance" project, as defined by the Prevailing Wage Laws, and if construction work over twenty- five thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a "Public works" project unless registered with the California Department of Industrial Relations ("DIR") at the time the contract is awarded. If the Services are being performed as part of an applicable "Public works" or "Maintenance" project, as defined by the Prevailing Wage Laws, this project is subject to compliance monitoring and enforcement by the DIR. Contracting Party will maintain and will require all subcontractors to maintain valid and current DIR Public Works contractor registration during the term of this Agreement. Contracting Party shall notify City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contracting Party's or any of its subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contracting Party to determine the correct salary scale. Contracting Party shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contracting Party's principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contracting Party must forfeit to City TWENTY-FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contracting Party does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contracting Party also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. In addition to the other indemnities provided under this Agreement, Contracting Party shall defend (with counsel selected by City), indemnify, and hold City, Exhibit A Page 2 of 4 186 its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed by the parties that, in connection with performance of the Services, including, without limitation, any and all "Public works" (as defined by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Contracting Party acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contracting Party shall require the same of all subcontractors. 2. Retention. Payments shall be made in accordance with the provisions of Article 2.0 of the Agreement. In accordance with said Sections, City shall pay Contracting Party a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of the labor and materials incorporated into the Services under this Agreement during the month covered by said invoice. The remaining five percent (5%) thereof shall be retained as performance security to be paid to Contracting Party within sixty (60) days after final acceptance of the Services by the City Council of City, after Contracting Party has furnished City with a full release of all undisputed payments under this Agreement, if required by City. In the event there are any claims specifically excluded by Contracting Party from the operation of the release, City may retain proceeds (per Public Contract Code § 7107) of up to one hundred fifty percent (150%) of the amount in dispute. City's failure to deduct or withhold shall not affect Contracting Party's obligations under the Agreement. 3. Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunk -line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contracting Party for any costs incurred in locating, repairing damage not caused by Contracting Party, and removing or relocating such unidentified utility facilities. Contracting Party shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities. 4. Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply: (a) Contracting Party shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class II I disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. Exhibit A Page 3 of 4 187 (b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contracting Party's cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of the Agreement. (c) in the event that a dispute arises between City and Contracting Party whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contracting Party's cost of, or time required for, performance of any part of the work, Contracting Party shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contracting Party shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting Parties. 5. Safety. Contracting Party shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contracting Party shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 6. Liquidated Damages. Since the determination of actual damages for any delay in performance of the Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contracting Party shall be liable for and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages. Exhibit A Page 4 of 4 188 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 Contracting Party under this Agreement is not to exceed TBD pending approval of Option 1, Option 2, or Option 3 per fiscal year, including the initial and any extended terms ("Contract Sum"), which is comprised of TBD estimated costs for the initial year of the Agreement and an annual 2.5% - 5.0% increase in compensation for the remaining year of the Agreement and extended terms except as provided in Section 1.7. The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in the amount identified in the monthly submitted invoice. Contracting Party's schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. The net difference of pool operations minus pool program revenues will determing the monthly cost of DRD's charges to the City. The Contract Sum to paid as follows (PENDING COUNCIL'S SELECTION OF OPTION 1, OPTION 2, OR OPTION 3) Option 1 — 12-Month Full Ooerations Fiscal Year Cost 2024/25 $253,508 2025/26 5% increase) $266,183 Initial Term Not To Exceed: $519,691 Optional 2-Year Term Extension 2026/27 5% increase $279,492 2027/28 5% increase $293,466 Extended Two -Year Term Not To Exceed: $572,958 Option 2 - 12-Month Reduced Oaerations in Oct/Nov/Dec Fiscal Year Cost 2024/25 $232,903 2025/26 5% increase $244,548 Initial Term Not To Exceed: $477,451 Optional 2-Year Term Extension 2026/27 5% increase $256,775 2027/28 5% increase $269,613 Extended Two -Year Term Not To Exceed: $526,388 Exhibit B Page 1 of 2 189 Option 3 - 9-Month Operations, No Programming in Oct/Nov/Dec Fiscal Year Cost 2024/25 $226,903 2025/26 (5% increase) $238,248 Initial Term Not To Exceed: $465,151 Optional 2-Year Term Extension 2026/27 (5% increase) $250,160 2027/28 5% increase $262,668 Extended Two -Year Term Total: $512,828 Total compensation of Initial Term and Extended Term is not to exceed (PENDING COUNCIL'S SELECTION OF OPTION 1, OPTION 2, OR OPTION 3) -2- 190 Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference. Exhibit C Page 1 of 1 191 None Exhibit D Special Requirements Exhibit D Page 1 of 1 192 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) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Auto Liability Additional Insured Personal Auto Declaration Page if applicable Workers' Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party 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 Contracting Party's acts or omissions rising out of or related to Contracting Party'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 Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party 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 Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party's performance under this Agreement. If Contracting Party or Contracting Party's employees will use personal autos in any way on this project, Exhibit E Page 1 of 6 193 Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party'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 Contracting Party 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. Contracting Party 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. Contracting Party shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss which shall include the following coverage: a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information. b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems. c. Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended. d. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep - linking or framing, and infringement or violation of intellectual property rights. e. Liability arising from the failure to render professional services. If coverage is maintained on a claims -made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract. Contracting Party 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 Exhibit E Page 2 of 6 194 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, Contracting Party 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 Contracting Party'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 Contracting Party 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 Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise 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 Contracting Party'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 Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party's or its subcontractors' performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party 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. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party's employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party 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 Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the Exhibit E Page 3 of 6 195 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. Contracting Party 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 the coverages required and an additional insured endorsement to Contracting Party's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party 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. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party 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. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party 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 Contracting Party's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be Exhibit E Page 4 of 6 196 declared to the City. At that time the City shall review options with the Contracting Party, 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 Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party 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. Contracting Party 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 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. Contracting Party 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 Contracting Party's insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is 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 Contracting Party under this agreement. Contracting Party 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. Exhibit E Page 5 of 6 197 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. Contracting Party 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 Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party 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. Exhibit E Page 6 of 6 198 Exhibit F Indemnification F.1 Indemnitv for the Benefit of Ci a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party's Services, to the fullest extent permitted by law, Contracting Party 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 Contracting Party 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 caused in whole or in part by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party 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 Contracting Party. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contracting Party 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 Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party. C. Indemnity Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of City under any provision of this agreement, Contracting Party 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 Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City. Exhibit F Page 1 of 2 199 d. Indemnification Provision for Design Professionals. 1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a "design professional" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party's Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents ("Indemnified Parties") from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of 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 caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party 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 Contracting Party. 3. Design Professional Defined. As used in this Section F.1(d), 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. F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party 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 in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. Exhibit F Page 2 of 2 200 ATTACHMENT 2 A Date: May 8, 2024 To: Christina Calderon, Community Services Deputy Director From: Maureen Archuleta, Community Services Supervisor Subject: Swim & Water services at Fritz Burns Pool CC: Barb Adair, Assistant General Manager Our vision is that through a community collaborative approach, Desert Recreation District will provide quality, barrier - free, and safe recreational activities. These activities will contribute to the overall wellness of the citizens of the Coachella Valley, encourage healthy lifestyles and positive out -of -school activities, and facilitate, coordinate, and plan for recreation facilities and trails. This proposal reaffirms Desert Recreations District's interest in continuing our formal working partnership with your agency to operate Aquatic programs at Fritz Burns Pool. Based upon your feedback on the attached proposal, Desert Recreation District has provided you with projected expense details. It is essential to provide the city with data driven options that affect the fiscal impact of the operations of Fritz Burns Pool. As we continue to track data on user trends, peak times, and program statistics, we feel it is our responsibility to provide the city with operational alternatives. It is difficult for municipalities to balance their budgets when the increase in user expectation is high, and we continue to face budget constraints. We have included Option (1) 12-month full operation (100 cost -recovery of FT Aquatic Specialist year 6 of agreement direct cost); Option (2) reduced 12-month operation (85% cost -recovery of Aquatic Specialist 15% absorbed DRD); Option (3) 9-month operation (75% cost -recovery of Aquatic Specialist 25% absorbed DRD) for your review and consideration. Per the Desert Recreation District Fees & Charges policy and manual - pricing and cost recovery, the District's recreation services are designed to complement those available throughout the community, ensuring all residents have a reasonable opportunity to participate in recreation. For the development of the appropriate fee, the following three distinct categories of programming have been established: Full Subsidy, Merit Pricing, and Full Cost Recovery. This proposal falls into the Full Cost Recovery category. Programs in this category are intended to respond to the expressed need of the consumer for a particular recreation service. In setting prices for these services, the intent is to price the activity competitively within the local market and to recover all direct and indirect costs associated with said services. Direct costs include direct program staff, materials and supplies, and immediate administrative overhead (Aquatics Specialist). Indirect costs include administrative overhead and facility use surcharge and shall be calculated at 15% of direct cost. Programming will allow for diverse service offerings and activities, including swim lessons, recreational swimming, adaptive swim programs, competitive swim team use, Master Swim Club, drop -in lap swimming, scheduled neighborhood summer camps, water aerobics classes -addition of tidal wave aquatic fit in pool bikes, and other community pool rentals. Other aquatic -related community services will include training for First Aid, CPR and Lifeguard/Instructor, as well as other community outreach programs to expand the benefits of participation in aquatics and water safety. We are also introducing a new Annual Aquatic Membership. Desert Recreation District (DRD), as well as Desert Recreation Foundation (DRF) contribute indirectly (which is not part of the fiscal impact to this agreement), donated scholarships that will benefit the La Quinta community. 201 Staffing and Management Desert Recreation District's Organizational Structure: Community Services Supervisor Aquatic Coordinator Aquatic Specialist Pool Managers Lifeguards/Instructors Pool Cashiers Community Services Supervisor The Community Services Supervisor is responsible for planning, coordinating, implementing, and conducting a variety of recreation and leisure programs and services to various communities within a designated geographic region. Fosters cooperative working relationships with various public, private, and community groups across geographic regions; provides professional staff support to recreation and aquatics team relative to the assigned area(s) of responsibility. Aquatic Coordinator The Aquatic Coordinator is a full supervisory -level class position which is responsible for overseeing all aquatic and swim staff at Districtwide aquatic facilities. Plans, schedules, supervises, and participates in the work of staff responsible for the direct delivery of aquatic and swim programs and services districtwide, coordinates facility operations across multiple sites as well as preparing and maintaining accurate records. The Aquatic Coordinator is responsible for monitoring staff time and attendance and supervising all money handling procedures districtwide. The Aquatic Coordinator ensures that programs, equipment, facilities, and supplies are in working condition and meet all health and safety standards. Aquatics Specialist The Aquatic Specialist has the overall responsibility for the management of the entire onsite aquatic and swimming staff. The Aquatic Specialist will organize and supervise a comprehensive aquatics program for the community which includes the development and management of swim lessons, community programs, managing pool schedules of lifeguards, swim instructors and swim aides; develop a comprehensive and evolving staff training curriculum and lead aquatic staff trainings. Qualifications for the Aquatics Specialist would include previous experience managing similar aquatic programs and operational duties with appropriate certifications (i.e. - Certified Pool Operator, Water Safety Instructor Trainer, Lifeguard Training, CPR and First Aid). The Aquatics Specialist is responsible for hiring, developing, and training the aquatic team. The Aquatic Specialist will function as the liaison between the City of La Quinta and the Desert Recreation District. Pool Manager The Pool Manager is responsible for leading and supervising a group of lifeguards in the day-to-day activities and responsibilities and is characterized by having leadership qualities in the performance of general lifeguard and instructor duties (anticipating, recognizing, and managing aquatic emergencies; leading by example; exhibiting responsibility and reliability). Qualifications would include similar responsibilities with all the appropriate certifications (i.e. - Water Safety Instructor, Lifeguard training, CPR and First Aid). 202 Lifeguards/I nstructors Lifeguards/Instructors are responsible for the safety of participants. They must be properly certified and trained by established organizations. Lifeguards/Instructors ensure initiative -taking and expeditious accident prevention and response and perform general lifeguard/instructor functions. Lifeguards/Instructors also provide first responder medical emergency services to water and other aquatic facility emergencies. Qualifications would include similar responsibilities with all the appropriate certifications (i.e. - Water Safety Instructor, Lifeguard training, CPR and First Aid). Cashier The Cashier/Reception is responsible for direct customer service, answering basic programming questions and inquiries. The Cashier/Receptionist is also solely responsible for the collection of fees as it relates to programs and services, and for enforcing rules and regulations of pool safety as well as promoting an open and welcoming community atmosphere. Staff Ratios Staff ratios are determined by program and by the number of participants. For swim lessons, The District typically maintains a participant to instructor ratio of 7:1. The District ensures compliance with all aquatic governing bodies as it relates to the safety and surveillance of the pools. Risk Management Desert Recreation District maintains the highest standard in Aquatic Risk Management and shall take all the necessary steps to provide effective risk management planning and minimize liability. Desert Recreation District has a comprehensive Emergency Action Plan & Procedures, manuals, waivers, policies, training records, audits, evaluations, and risk information available to the public. 203 Option 1: 12 Month Full Operation Proposed Site: Fritz Burns Pool 78107 Avenue 52, La Quinta, CA 92253 Proposed Services: * depending upon City selected service plan. • Lap Swim / Open Swim • Senior Splash • Water Aerobics • Adult Swim lessons • Free Swim days - Friday, June 14, 5-9 pm Community Swim - Thursday, July 41h Veterans swim free - Saturday May 25th, June 29th, July 27th & August 315Y Water Safety presentation • Dive —In Movies - June 215t - July 191h - Aug 9th • Youth, swim lessons (offered in summer months) • Worlds' Largest Swim Lesson June 20th 7pm — 9pm • Infant, and Pre -School Ready Set Swim Jr. swim lessons year-round • Seasonal Community Splash Parties - Saturday, September 14th,1-3pm Mermaid Splash Party - Saturday, October 261h, 3-5pm Floating Pumpkin Patch * - Saturday, December 14th, 1-3pm pm Poolside with Santa - Saturday, March 8th, 2-4pm Pirate Splash Party • A Pool Manager to provide direct supervision of DRD team members. • Swim Party Rentals • Adaptive Splash Play • Lifeguard Training Extended programming & services • Spring Teen Friday Night Live Pool party. • Ready Set Swim 3rd Grade Program Operating Dates: July 1, 2024—June 30, 2025 Proposed Operating Hours: * option 1 - depending upon City selected service plan. June, July, Aug, Sep: Monday - Thursday 9 am —8pm / Friday & Saturday 8 am — 2 pm & 4-9 pm Oct, Nov, Dec: Monday - Thursday 9 am — 1 pm Jan, Feb, March, April, May: Monday - Thursday 9 am— I pm / Saturday 8 am-1 pm Compensation for Services: The city agrees to reimburse Desert Recreation District (provider) one hundred percent (100%) of the net operating costs as reflected in the Aquatic Program Service Account Detail. The proposal amount of two hundred fifty-three thousand five hundred eight dollars fifty-six cents. ($253,508.56) is an estimate based on the projected expenses and revenues. Direct costs will increase at an annual rate of 2.5% - 5.0% based on market conditions. 204 DESERT EATIO ISTTI(TE Aquatic program service account detail Option 1 12 Month Full Operation Direct Costs Estimated Totals Aquatics Specialist FT salary & benefit load $87,549.89 Pool managers Operations $41,253.16 Pool Manager's Rentals $634.16 Lifeguards Open Swim $143,031.64 Lifeguards Rentals $1,653.60 Swim Instructors $45,867.12 Fitness Instructors (Senior Splash) $6,987.64 Fitness Instructors (Water Aerobics) $8,028.56 Pool Cashier $9,706.26 Subtotal Staffing & Part Time Salaries $344,712.03 Materials & supplies-i.e., M&S for annual special events $2,475.00 Uniforms- i.e., staff lifeguard annual uniforms $1,390.00 Special Fees- i.e., Active Net program fees $3,926.53 Communication- i.e., Wad, required emergency cell phone $1,200.00 Fleet Vehicles- i.e., transportation/equip. Special Events $300.00 General Services -i.e., Marketing Signage $825.00 Minor Equipment- i.e., long -life teaching equipment $1,000.00 Office Supplies- i.e., AMR certification supplies & misc. $1,600.00 Computer & Office Equipment- i.e., Desktop systems for program registration & landline telephone services $1,400.00 Travel & Professional Development-i.e., Certs for water aerobics, water fitness instruction, American Red Cross certs. $1,500.00 Subtotal Materials & Equipment $15,616.53 TOTAL DIRECT COST $360,328.56 (Administrative Overhead 15% of Direct Costs) & Indirect Costs Absorbed by DRD Estimated Totals Community Services Supervisor ($8,420.14) Aquatics Coordinator ($8,019.18) Marketing & Advertising ($3,300.50) Donated Scholarships & DRD Grant Funded Awards benefits to LQ Residents from Operation Splash, First 5 Riverside, Foundation Support ($24,910.00) TOTAL INDIRECT INKIND COSTS ($44,649.82) Projected Revenue Estimated Totals Open/Lap Swim $14,250.00 Pool Rentals $2,520.00 Fitness Classes $28,550.00 Youth Lessons $24,500.00 Donated Registration $12,000.00 Introduction of Annual Aquatic Memberships $25,000.00 TOTAL PROJECTED REVENUE $106,820.00 Projected Costs Estimated Totals Total Direct Expenses $360,328.56 Total INKIND DRD Revenue ($44,649.82) Total Revenue -$106,820.00 NET OPERATING COST $253,508.56 205 Option 2: 12 Month Reduced Operation (Oct/Nov/Dec) Proposed Site: Fritz Burns Pool 78107 Avenue 52, La Quinta, CA 92253 Proposed Services: * depending upon City selected service plan. • Lap Swim / Open Swim • Senior Splash • Water Aerobics • Adult Swim lessons • Free Swim days - Friday, June 14, 5-9 pm Community Swim - Thursday, July 4th Veterans swim free - Saturday May 25th, June 29th, July 27th & August 31'Y Water Safety presentation • Dive —In Movies - June 21" - July 19th - Aug 9th • Youth, swim lessons (offered in summer months) • Worlds' Largest Swim Lesson June 20th 7pm — 9pm • Infant, and Pre -School Ready Set Swim Jr. swim lessons year-round • Seasonal Community Splash Parties - Saturday, September 14th,1-3pm Mermaid Splash Party - Saturday, October 26th, 3-5pm Floating Pumpkin Patch* - Saturday, December 141h, 1-3pm pm Poolside with Santa* - Saturday, March 8th, 2-4pm Pirate Splash Party • A Pool Manager to provide direct supervision of DRD team members. • Swim Party Rentals • Adaptive Lessons • Lifeguard Training Extended programming & services • Spring Teen Friday Night Live Pool party. • Ready Set Swim 3rd Grade Program Operating Dates: July 1, 2024—June 30, 2025 Proposed Operating Hours: June, July, Aug, Sep: Monday - Thursday 9 am —7 pm / Friday & Saturday 8 am — 2 pm & 4-9 pm ➢ Oct, Nov, Dec: Open Monday— Wednesday 9 am to 1 pm Closed Thursday to Sunday Jan, Feb, March, April, May: Monday - Thursday 9 am —1 pm / Saturday 8 am-1 pm Compensation for Services: The city agrees to reimburse Desert Recreation District (provider) one hundred percent (100%) of the net operating costs as reflected in the Aquatic Program Service Account Detail. The proposal amount of two hundred thirty-two thousand nine hundred three dollars eighty-five cents ($232,903.85) is an estimate based on the projected expenses and revenues. Direct costs will increase at an annual rate of 2.5% - 5.0% based on market conditions. 206 DESERT EATIO ISTTI(TE Aquatic program service account detail Option 2 12 Month Reduced Operation (October/November/December) Direct Costs Estimated Totals Aquatics Specialist FT85%salary & benefit load $74,417.41 Pool Managers Operations $34,663.38 Pool Managers Rentals $634.16 Lifeguards Open Swim $138,266.80 Lifeguards Rentals $1,653.60 Swim Instructors $45,867.12 Fitness Instructors (Senior Splash) $6,708.41 Fitness Instructors (Water Aerobics) $7,611.21 Pool Cashier $9,706.26 Subtotal Staffing & Part Time Salaries $319,528.35 Materials & supplies-i.e., M&S for annual special events $2,475.00 Uniforms- i.e., staff lifeguard annual uniforms $1,390.00 Special Fees- i.e., Active Net program fees $3,000.00 Communication- i.e., Wad, required emergency cell phone $1,200.00 Fleet Vehicles- i.e., transportation/equip. special events $300.00 General Services -i.e., Marketing Signage $825.00 Minor Equipment- i.e., long -life teaching equipment $1,000.00 Office Supplies- i.e., AMR certification supplies & misc. $1,600.00 Computer & Office Equipment- i.e., Desktop systems for program registration & landline telephone services $1,400.00 Travel & Professional Development-i.e., Certs for water aerobics, water fitness instruction, American Red Cross certs. $1,100.00 Subtotal Materials & Equipment $14,290.00 TOTAL DIRECT COST $333,818.35 (Administrative Overhead 15% of Direct Costs) & Indirect Costs Absorbed by DRD Estimated Totals Aquatics Specialist DRD absorbed 15% Fulltime cost ($13,132.48) Community Services Supervisor ($8,420.14) Aquatics Coordinator ($8,019.18) Marketing & Advertising ($3,300.50) Donated Scholarships & DRD Grant Funded Awards benefits to LQ Residents from Operation Splash, First 5 Riverside, Foundation Support ($24,910.00) TOTAL INDIRECT INKIND COSTS ($57,782.30) Projected Revenue Estimated Totals Open/Lap Swim $13,034.00 Pool Rentals $2,520.00 Fitness Classes $24,587.50 Youth Lessons $23,773.00 Donated Registration $12,000.00 Introduction of Annual Aquatic Memberships $25,000.00 TOTAL PROJECTED REVENUE Projected Costs Estimated Totals Total Direct Expenses $333,818.35 Total INKIND DRD Revenue ($57,782.30) Total Revenue -100,914.50 NET OPERATING COST $232,903.82 Option 3: 9 Month (Oct/Nov/Dec No programming) Proposed Site: Fritz Burns Pool 78107 Avenue 52, La Quinta, CA 92253 Proposed Services: * depending upon City selected service plan. • Lap Swim / Open Swim • Senior Splash • Water Aerobics • Adult Swim lessons • Free Swim days - Friday, June 14, 5-9 pm Community Swim - Thursday, July 4th Veterans swim free - Saturday May 25th, June 291h, July 27th & August 31'Y Water Safety presentation • Dive —In Movies - June 21'Y - July 191h - Aug 9th • Youth, swim lessons (offered in summer months) • Worlds' Largest Swim Lesson June 201h 7pm — 9pm • Infant, and Pre -School Ready Set Swim Jr. swim lessons year-round • Seasonal Community Splash Parties - Saturday, September 141h,1-3pm Mermaid Splash Party - Saturday, October 26th, 3-5pm Floating Pumpkin Patch* - Saturday, December 14th, 1-3pm pm Poolside with Santa* - Saturday, March 8th, 2-4pm Pirate Splash Party • A Pool Manager to provide direct supervision of DRD team members. • Swim Party Rentals • Adaptive Lessons • Lifeguard Training Extended programming & services • Spring Teen Friday Night Live Pool party. • Ready Set Swim 3rd Grade Program Operating Dates: July 1, 2024—June 30, 2025 Proposed Operating Hours: June, July, Aug, Sep: Monday - Thursday 9 am —7 pm / Friday & Saturday 8 am — 2 pm & 4-9 pm ➢ (Oct/Nov/ Dec: NO PROGRAMMING IN THIS PROPOSAL) Jan, Feb, March, April, May: Monday -Thursday 9am —1pm / Saturday 8am-1pm Compensation for Services: The city agrees to reimburse Desert Recreation District (provider) one hundred percent (100%) of the net operating costs as reflected in the Aquatic Program Service Account Detail. The proposal amount of two hundred twenty-six thousand nine hundred three dollars eighty-one cents ($226,903.81) is an estimate based on the projected expenses and revenues. Direct costs will increase at an annual rate of 2.5% - 5.0% based on market conditions. 208 Aquatic program service account detail Option 3 9 Month (Oct/Nov/Dec No Programming) Direct Costs Estimated Totals Aquatics Specialist FT 75%salary & benefit load $65,662.40 Pool Managers Operations $34,663.38 Pool Managers Rentals $634.16 Lifeguards Open Swim $126,354.20 Lifeguards Rentals $1,653.60 Swim Instructors $45,867.12 Fitness Instructors (Senior Splash) $5,526.43 Fitness Instructors (Water Aerobics) $6,430.23 Pool Cashier $9,706.26 Subtotal Staffing & Part Time Salaries $296,497.78 Materials & supplies-i.e., M&S for annual special events $2,000.00 Uniforms- i.e., staff lifeguard annual uniforms $1,390.00 Special Fees- i.e., Active Net program fees $2,926.53 Communication- i.e., Wad, required emergency cell phone $1,200.00 Fleet Vehicles- i.e., transportation/equip. special events $300.00 General Services -i.e., Marketing Signage $825.00 Minor Equipment- i.e., long -life teaching equipment $1,000.00 Office Supplies- i.e., AMR certification supplies & misc. $1,600.00 Computer & Office Equipment- i.e., Desktop systems for program registration & landline telephone services $1,400.00 Travel & Professional Development-i.e., Certs for water aerobics, water fitness instruction, American Red Cross certs. $1,000.00 Subtotal Materials & Equipment $13,641.53 TOTAL DIRECT COST $310,139.31 (Administrative Overhead 15% of Direct Costs) & Indirect Costs Absorbed by DRD Estimated Totals Aquatic Specialist — DRD absorbed 25% Fulltime cost ($21,887.47) Community Services Supervisor ($8,420.14) Aquatics Coordinator ($8,019.18) Marketing & Advertising ($3,300.50) Donated Scholarships & DRD Grant Funded Awards benefits to LQ Residents from Operation Splash, First 5 Riverside, Foundation Support ($24,910.00) TOTAL INDIRECT INKIND COSTS ($66,537.29) Projected Revenue Estimated Totals Open/Lap Swim $11,818.00 Pool Rentals $2,520.00 Fitness Classes $20,625.00 Youth Lessons $23,772.50 Donated Registration $12,000.00 Introduction of Annual Aquatic Memberships $12,500.00 TOTAL PROJECTED REVENUE 35.50 Projected Costs Estimated Totals Total Direct Expenses $310,139.31 Total INKIND DRD Revenue ($66,537.29) Total Revenue -$83,235.50 NET OPERATING COSTS $226,903.81 209 210 ta QaKra GEM oftbe DESERT - - DEPARTMENTAL REPORT ITEM NO. 7-A PUBLIC SAFETY QUARTERLY REPORT Code Compliance / Animal Control Jan. 1 — March 31, 2024 914 Site Inspections* 790 809 714 609 687 653 667 630 611 671 54 609 580 589 519 564 477 496 525 439 434 348 372 391 377 279 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ■ 2022 2023 2024 *Site inspections are required to confirm violations and include STVR inspections and regular code complaints (e.g., trash containers, landscaping, property maintenance issues, etc.). Administrative Citations Misc. Property 6% Maintenance Vehicle 20% Issues 15% Building Code 6% EAnimall STVRs 38% Business License 3% Hearing Types: 2 Administrative Hearings 1 STVR Citation 1 STVR Permit Suspension 211 False Alarms 118 111 111 133 • $176,084 in fees collected to date • City Staff outreach to businesses with multiple false alarms. 95 91 Jan Feb Mar 2023 2024 A false alarm means the activation of a security alarm system necessitating response by peace officers when an emergency does not exist. A service fee is due to the City after an excessive number of false alarms (defined as three or more false alarms) within a one-year period have been received from a particular business, residence, or property. Animal Control Update Impounds ;3 32 4 5 7 3 3 3 e��t� Gam°a �� o�� e�°a oaa �� e, eFz Pao Ge�;� �° �et� °�� m Outcomes 14 14 8 6 5 Q`o o�� o�,Z,o Qll� o aoQ �Ga� O t o5t� Ci C Riverside County Department of Animal Services (RCDAS) — Coachella Campus has walk-in hours from 10 a.m. to 4 p.m. In the event of a pet emergency, animal control question, or if you are interested in adopting, fostering or rescuing, please call 951-358-7387. Potential adopters, fosters, or resources can also send an email to shelterinfo@rivco.org or visit their website at: https://www.rcdas.org/. RCDAS is now hosting Free Mobile Clinics throughout the county. For more information and to make an appointment, please visit https://rcdas.org/mobile-wellness or call 951-358-7387. '''• DEPARFMENIOF ANIMAL SERVICES Mobile Clinic 0 rcdas.org 1 i 212 ta Qa�Kra DEPARTMENTAL REPORT ITEM NO. 7-B GENE ofrk, DESEFRT—— LA QUINTA SHERIFF'S STATION QUARTERLY REPORT Statistics Average Response Time p 36.21 30.56 30.81 ■ 26.2 ■ 16.59 14.73 5.72 7.03 Priority 1 Priority 2 Priority 3 Priority 4 ■ Jan-23 Jan-24 36.85 36.87 26.19 22.94 17.05 15.23 7.92 ' 4.84 Priority 1 Priority 2 Priority 3 Priority 4 ■ Feb-23 Feb-24 29.1 35.85 32.45 W:�:3 15.02 14.39 6.7 5.29 1 Priority 1 Priority 2 Priority 3 Priority 4 ■ Mar-23 Mar-24 Number of Calls for Service 462 428 393 374 189164 29 24 ■ Priority 1 Priority 2 Priority 3 Priority 4 ■ Jan- 23 Jan-24 424 434 M 373 ■ 313 179 149 15 13 Priority 1 Priority 2 Priority 3 Priority 4 ■ Feb-23 Feb-24 472 471 428 359 178 162 F 35 19 ■ Priority 1 Priority 2 Priority 3 Priority 4 ■ Mar-23 Mar-24 Priority 1 — Involve circumstances that pose a clearly defined threat to human life or property; Priority 2 — Involve circumstances of an urgent but not life -threatening nature (e.g. minor assaults and batteries); Priority 3 — Involve circumstances which are neither urgent nor life threatening (e.g. disturbances of the peace); Priority 4 — Incidents occurring in the past or "cold" calls. 213 Crime Statistics 58 54 54 13 12 6 10 12 20 11 17 0 0 0 0 0 0 2 1 I 2 1 1 3§ -■ IN Rape Homicide Aggravated Larceny Robbery Burglary Vehicle Simple Assault Theft Assault ■ January ■ February March Collisions DUI Collisions, 9 DUI Injury Collision, 8 Non Injury and Private Property Collision, 85 Actions by Teams: Traffic Injury Collision, 30 DUI Arrests, 20 Fatality, 1 Special Enforcement Team & Business District • Actions:545 • Narcotics Seized: Meth 20.22 g Traffic Team • Actions:543 Community Service Officers & Crime Prevention Specialists • Actions: 1,044 • Community Meetings: 3 Citations Other Hazard Citations, 262 Excessive Speed Citations, 97 Seat Belt Citations, 4 Other Non - Hazard Citations, 165 School Resource Officers • Actions:168 Narcotics Task Force • Actions in La Quinta: 8 • Narcotics Seized: Meth 14.5 g / Psilocybin (Magic Mushrooms) 51.8 g Gang Task Force • Actions in La Quinta: 24 • Narcotics Seized: Meth 1.3 g Citizens on Patrol • Actions:5 • Hours Donated: 462.35 hours 214 Public Safety Camera System Statistics (PSCS) m Statistics for January to March 2024: Processed 10 public records requests from citizens and insurance companies. O500 videos related to police investigations have been queried. Of those queried, 79 videos related to police investigations have been exported. No businesses have opted out of the PSCS. Significant Incidents Involving the PSCS and FLOCK On February 16, 2024, La Quints SET Deputies responded to the area of Avenida Bermudas and Avenue 52 in the City of La Quinta reference a FLOCK hit of a stolen F150 taken from the City of Palm Desert. The vehicle was located on Calle Colima and Avenida Diaz. The driver of the vehicle identified as a 55-year-old male of La Quinta was the sole occupant of the vehicle and taken into custody. During a search incident to arrest, the male was found to be in possession of methamphetamine, drug paraphernalia and a switchblade. He was later booked at JBDC. On February 16, 2024, La Quinta SET Deputies conducted a follow up investigation of an electric bike stolen from the La Quinta Lowes on February 2, 2024. During the course of the investigation, and with the assistance of City cameras, the suspect was identified as a 35-year-old male transient of Yucca Valley. It was also discovered he was currently on parole. With the assistance of San Bernardino Parole, the male was requested by his parole officer to check in at the parole office in Victorville, where La Quinta SET Deputies subsequently arrested him. In addition, it was discovered that the male was currentl out on bail for a possession of a drugs and gun case. The male was arrested and booked at SmL Correctional Facility located in Banning. February 17, 2024, a La Quinta Community Service Officer was flagged down at the Beer Hunter rei gardina a hit and run that Just occurred. Via FLOCK, and with the suspect vehicle description rovided-. deputies located the vehicle near the La Quinta Brewing Company in Old Town La uinta. 'The driver, a 42-year-old male from La Quinta, displayed objective symptoms of intoxication but refused all Field Sobriety Test (FST's). Suspect was initially cooperative regarding a blood draw and then refused. A McNeely warrant was obtained, and he was subsequently arrested for felony DUI as he had three previous convictions. He was later booked into JBDC. On February 23 2024 La Quinta SET Deputies received information from Jurupa Valley Station investiggations of an Ulta Retail Theft ring responsible for at least 23 thefts from Ulta Stores throughout Southern California, and that they were possibly heading toward Highway 111 in the City o La Quinta. With the use of FLOCK and city cameras, it was determined the suspect vehicle was in La Quinta. La Quinta SET Deputies responded to the area and located the vehicle parked in front of the Ulta Store unoccupied. Deputies observed two subjects later identified as a 38-year- old female of Rialto, and 45-year-old male of Rialto, exiting the store and returning to the vehicle. The suspects were apprehended and found in ppossession of large amount of merchandise concealed on their persons. Approximately $2,100.00 worth of merchandise was stolen from La Quinta and recovered in their vehicle. Both suspects were also identified as suspects from a theft at La Quinta Ulta that occurred on 01/17/24. Jurupa Valley Investigations took custody of the subjects. The suspects were later booked at the Robert Presley Detention Center (RPDC). 215 216 t(V QUII(W — GEM oftbe DESERT — DEPARTMENTAL REPORT ITEM NO. 7-C FIRE DEPARTMENT QUARTERLY REPORT Incident Response Activity Incident Type 3rd Qtr. 3rd Qtr. • 2023 2024 Average Enroute to On -Scene Time False Alarm 97 122 328 300 Public Service 63 73 Assistance Traffic Collision 84 67 64.45 35 5.06 67 Standby 21 10 3 3 4 94 � iI Other Fire 4 7 <5 +5 +10 +20 Average % 0 to 5 Minutes Minutes Minutes Minutes Min Min Residential Fire 3 7 3rd QTR 2023 3rd QTR 2024 Vehicle Fire 2 4 Rescue 0 2 Enroute Time: When a unit has been acknowledged as responding. Ringing Alarm 8 7 On -scene Time: When a unit has been acknowledged Other 1 4 as being on -scene. Miscellaneous Hazardous 2 2 Automatic• • 3rd Materials Qtr. Qtr. Commercial Fire 2 1 1 1 LJOL LQ Resources Responding 1,300 1,277 Multi -Family 0 1 in LQ Dwelling Fire LQ Resources Aiding Other 708 803 Wildland Fire 2 0 Jurisdictions Total 1,374 1,355 Resources Aiding LQ 455 442 217 For this quarter, Truck 86 recorded 24 responses, and Truck 33 had 6 responses in the City of La Quinta. • Construction Plan Reviews — 120 • Planning Case Reviews — 12 • Construction inspections — 536 • Facility Inspections — 34 • Review and Inspection Service — During this period, the average turnaround time for plan review was 2 weeks; and the average turnaround time for inspections was 3 business days. Annual Review and Inspection Trends - La Quinta 3131 1217 1022 859 1660 3009 582 474 508 478 603 576 475 120 2018 2019 2020 2021 2022 2023 2024 - to March Total reviews conducted Total inspections/actions completed 24CARRU004428 On March 23, 2024, at 10:46 am, CAL FIRE responded to a reported residential structure fire. The first arriving officer reported smoke coming from center courtyard of a large estate style home. Companies were able to confirm that all occupants were evacuated. Crews contained the fire to contents and room of origin. Engine companies remained at the scene for approximately three hours for salvage and overhaul. La Quinta City building officials will need to evaluate the residence. 24CARRU011955 On January 22, 2024, at 10:22 am, CAL FIRE was dispatched to 520067 Calle Oaxaca in the City of La Quinta. The first arriving officer reported a single -story duplex with an established fire in the chimney of one unit. Crews inside the structure worked with firefighters on the roof and were able to contain the fire to the unit of origin. Two adults were displaced but declined assistance from the Red Cross. La Quinta city building officials will need to follow up due to the damage to the structure. 24CARRU020062 On February 7, 2024, at 8:28 am, CALFIRE responded to a residential structure fire at 47815 Sumac St in the City of La Quinta. The first arriving officer reported heavy smoke and fire from the side of the home. A coordinated fire attack contained the well -established fire to the original dwelling. City Building Officials will need to follow up due to the extensive fire damage. There were two adults displaced, however they denied housing assistance at the time. 24CARRU043593 On March 22, 2024, at 2:46 pm, CALFIRE responded to a reported vehicle fire under a carport at 43576 Washington Street in the City of La Quinta. First arriving Engine reported 2 passenger vehicles fully involved with multiple exposures. The driver off the vehicle was treated on scene and transported to JFK Medical Center with smoke inhalation and minor burns. A total of two vehicles were destroyed and one damaged along with some damage to the underside of the carport. 218 REPORTS AND INFORMATIONAL ITEM NO. 31 FINANCIAL ADVISORY COMMISSION iPECIAL MEETIr' MINUTES WEDNESDAY, APRIL 3, 2024 CALL TO ORDER A special meeting of the La Quinta Financial Advisory Commission (Commission) was called to order at 4:07 p.m. by Chair Dorsey. PRESENT: Commissioners Anderson, Batavick, Kiehl, Mast, Way and Chair Dorsey ABSENT: Commissioner Mills PLEDGE OF ALLEGIANCE Commissioner Anderson led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA — None CONFIRMATION OF AGENDA Staff requested that Study Session Item No. 1 regarding the City's five-year Capital Improvement Program be moved up on the agenda and considered before the Consent Calendar. The Commission concurred. ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS 1. SALES TAX TRENDS PRESENTATION BY HDL COMPANIES DIRECTOR OF CLIENT SERVICES BOBBY YOUNG City Consultant and Director of Client Services of HDL Companies Bobby Young shared his experience with working with the government sector; provided a breakdown of statewide and local sales tax trends; online sales tax allocation; the difference between City/County General Fund (Bradley -Burns) and La Quinta Measure G sales tax; and types of businesses included as major industry and business groups. Finance Director Martinez and Mr. Young provided an overview of how sales tax data is used to create the City's budget and to update sales tax forecast with HDL Companies. Further discussion followed on sales tax allocation for auto sales for La Quinta residents, consumer and federal spending, and changes in Measure G sales tax revenue. STUDY SESSION >>> taken out of Agenda order FINANCIAL ADVISORY COMMISSION MINUTES Page 1 of 4 APRIL 3, 2024 SPECIAL MEETING 219 1. DISCUSS PROJECTS TO BE INCLUDED IN FISCAL YEARS 2024125 THROUGH 2028/29 CAPITAL IMPROVEMENT PROGRAM (CIP) Management Analyst Mignogna and Public Works Director/City Engineer McKinney presented the staff report, which is on file in the Finance Department. The Commission and staff discussed CIP transportation projects; funding allocation and improvements for the cultural campus project; Senate Bill 1 transportation funding; amenities to be included in the Fritz Burns (FB) park project; types of grants available and process for applying for a grant; and budgeting for other funding sources. Commissioner Batavick recommended the following changes to the 5-year CIP: • Using $2 million more of Measure G funding for the Pavement Management Plan (PMP) Transportation projects. • Funding FB park improvements and the Maintenance and Operations Yard project 100% with Measure G funds. • Consideration of moving the Public Safety Camera System project from fiscal year 2025/26 to fiscal year 2024/25. Staff said that recommendations would be shared with Council for their consideration and that a percentage of funding for PMP must be from the General Fund, but an increase in Measure G funding may be considered. The Commission and staff discussed the City's procurement process for obtaining bids and completing projects and the Avenue 50 widening improvements. The Commission gave their farewells to Management Analyst Mignogna and wished her the best of luck in her new endeavor. CONSENT CALENDAR ITEMS 1. APPROVE MEETING MINUTES DATED FEBRUARY 7, 2024 2. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED DECEMBER 31, 2023 3. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED JANUARY 31, 2024 Motion — A motion was made and seconded by Commissioners Way/Mast to approve the Consent Calendar as submitted. Motion passed: ayes — 6, noes — 0, abstain — 0, absent — 1 (Mills). FINANCIAL ADVISORY COMMISSION MINUTES Page 2 of 4 APRIL 3, 2024 SPECIAL MEETING 220 BUSINESS SESSION 1. RECEIVE AND FILE SECOND QUARTER FISCAL YEAR 2023/24 TREASURY REPORTS FOR OCTOBER, NOVEMBER, AND DECEMBER 2023 Finance Director Martinez presented the staff report, which is on file in the Finance Department. Motion — A motion was made and seconded by Commissioners Mast/Batavick to receive and file second quarter fiscal year 2023/24 treasury reports for October, November, and December 2023. Motion passed: ayes — 6, noes — 0, abstain — 0, absent — 1 (Mills). 2. RECEIVE AND FILE FISCAL YEAR 2023/24 BUDGET UPDATE REPORT Finance Director Martinez presented the staff report, which is on file in the Finance Department. The Commission and staff discussed in further detail the required transfer fees paid out by the Signature at PGA West residential development pursuant to their Development Agreement with the City to mitigate the loss of transient occupancy tax, as the property was developed as a residential development in place of a hotel as it was originally contemplated and zoned for zoning. Motion — A motion was made and seconded by Commissioners Anderson/Mast to receive and file fiscal year 2023/24 budget update report. Motion passed: ayes — 6, noes — 0, abstain — 0, absent — 1 (Mills). COMMISSIONER WAY LEFT THE MEETING AT 6.00 P.M. STUDY SESSION — Continued 2. DISCUSS THE 2024 ANNUAL COMMUNITY WORKSHOP AND 2024/25 BUDGET PROCESS Finance Director Martinez presented the staff report, which is on file in the Finance Department. The Commission and staff discussed the two additional sessions for strategic planning mentioned at the City's 2024 Community Workshop, which dates for both sessions are still to be decided. Mrs. Martinez said that as soon as dates are set, they would be shared with the Commission. DEPARTMENTAL REPORTS — All reports are on file in the Finance Department. 1. FINANCE DEPARTMENT CURRENT AND FUTURE INITIATIVES FINANCIAL ADVISORY COMMISSION MINUTES Page 3 of 4 APRIL 3, 2024 SPECIAL MEETING 221 Commissioner Batavick suggested meetings for the 10-year projection task force, consisting of Commissioners Anderson, Batavick, and Dorsey, not take place until the City's fiscal year 2024/25 budget has been finalized. Finance Director Martinez said that holding a meeting in May or June would be a great starting point to gather ideas on how the financial projections would be presented. COMMISSIONERS' ITEMS The Commission discussed creating a list of CIP project recommendations for Council's consideration. Commissioner Batavick said he could meet with staff to create the list of recommendations for the Commission's discussion and review at the May 8 Commission meeting. The Commission concurred. Further discussion followed on the City's historical practices when funding for a CIP project has been over or underestimated. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Batavick/Mast to adjourn this meeting at 6:20 p.m. Motion passed: ayes — 5, noes — 0, abstain — 0, absent — 2 (Mills and Way). Respectfully submitted, �-J -. Jessica Delgado, Administrative Technician/Commission Secretary City of La Quinta, California FINANCIAL ADVISORY COMMISSION MINUTES Page 4 of 4 APRIL 3, 2024 SPECIAL MEETING 222 WRITTEN PUBLIC COMMENT CITY COUNCIL MEETING MAY 213 2024 CITY COUNCIL MEETING MAY 21, 2024 - WRITTEN COMMENTS BY FINANCIAL ADVISORY COMMISSION MEMBERS MATTERS NOT ON THE AGENDA - MEASURE G REVENUE ALLOCATIONS RECOMMENDATIONS CITY OF LA QUINTA FINANCIAL ADVISORY COMMISSION REPORT TO THE CITY COUNCIL The Financial Advisory Commission (FAC) provides oversight of Measure G tax revenue. Measure G was passed by voters in November 2016 and provides a 1 % transactions and use tax, effective April 1, 2017 and with no sunset date, which is fully allocated to the City and protected from State takeaways. Measure G revenues are to be used in accordance with the ballot measure for public safety, Capital Improvement Projects and other general expenditures supporting our businesses and residents. For the fiscal years 2016/17 through 2022/23, Measure G revenues totaled $77 million. During these fiscal years Measure G uses have been for public safety services ($21 million) and Capital Improvement Projects ($27 million), with the balance of these revenues ($29 million) in reserves. For fiscal year 2023/24, Measure G revenues are anticipated to be about $16 million, with uses of $5 million for public safety and $6.6million for Capital Improvement Projects, resulting in an estimated reserve balance of $33 million. The FAC's Measure G Sales Tax Compliance Report for Fiscal Year 2022/23 included a recommendation for the City to "explore the use of Measure G reserve funds to prioritize additional funding to accelerate Capital Improvement Projects, including for major street improvements." At the April 3, 2024 FAC Meeting, there was a discussion of projects to be included in Fiscal Years 2024/25 through 2028/29 Capital Improvement Program. The proposed projects are estimated to use only $19 million of Measure G funds. Assuming a starting point of July 1, 2024 of $33 million in Measure G reserves, and a conservative estimate of Measure G revenues over these next 5 fiscal years of $70 million ($14 million per fiscal year), spending only $19 million of Measure G funds for our Capital Improvement Program, and an estimated $30 million for public safety services ($6 million per fiscal year), would result in a projected Measure G reserve balance of $54 million at June 30, 2029. We strongly encourage the additional use of Measure G funds, while they are available and while economic conditions support it. Accordingly, we recommend a greater use of Measure G funds for the 5-year Capital Improvement Program by allocating certain spending from the General Fund to Measure G funds. Specifically, we suggest the $2 million dollar per year Pavement Management Street Improvements ($10 million in total) be earmarked from Measure G funds/reserves. Also, we suggest accelerating the $3 million payment for the Phase III Public Safety Camera System expenditure in Fiscal Year 2025/26 to Fiscal Year 2024/25. We lastly suggest designating an additional use of Measure G funds for both the Maintenance and Operations Yard (which is currently projected to use $4 million of General Funds in addition to $4.4 million in Measure G funds), and the Fritz Burns Park Improvements (which is currently projected to use $2 million of General Funds in addition to $2.5 million of Measure G Funds). These suggestions utilize an additional $16 million of Measure G funds/reserves for our Capital Improvement Program over the next 5 fiscal years, reducing the projected Measure G Reserve balance at June 30, 2029 of $54 million to $38 million. This balance could be utilized for long-term capital projects discussed at the recent Community Workshop such as addressing the Imperial Irrigation District (IID) lease expiration and equipment needs and plan to underground utilities. CITY OF LA QUINTA CAPITAL IMPROVEMENT PROGRAM REVENUE SUMMARY Community General Fund Measure G /Cultural SB 1 Road Maintenance DIF and Facilities Other Other Project # Project Description Operating Sales Tax Center DIF Maint/Rehab Transportation DIF Measure A Revenue Revenue Source Total 2024/2025 2425ADA ADA Accessible Ramps - Various Locations 20,000 20,000 2425CPM Citywide Preventative Maintenance Plan Improvements 50,000 Equip Replacement Fund 50,000 2425PMP Pavement Management Plan Street Improvements 2,000,000 2,000,000 2,000,000 2425STI Sidewalks - Various Locations 55,000 55,000 2425TMI Citywide Traffic Signal Maintenance Improvements 235,000 235,000 2425DRA Citywide Drainage Enhancements 477,000 2,000,000 Earmark Funding 2025 2,477,000 201702 Developer Reimbursement for DIF Eligible Improvements 400,000 400,000 201804 Landscape and Lighting Median Island Improvements 500,000 500,000 201805 Maintenance and Operations Yard 500,000 400,000 900,000 100,000 1,000,000 201901 Cultural Campus 1,000,000 500,000 1,500,000 201905 Highway 111 Corridor Area Plan Implementation (for 2022-25) 3,050,000 950,000 4,000,000 Earmark Funding 2024 8,000,000 202101 Dune Palms Pavement Rehabilitation (Miles Avenue to Fred Waring Drive) 200,000 200,000 202102 Fritz Burns Park Improvements 2,000,000 2,500,000 4,500,000 500,000 Reprogram project 202304 5,000,000 202205 Avenue 50 Widening Improvements (Jefferson Street to Madison Street) 579,109 579,109 202401 Avenue 50 Sidewalk Improvements (Washington Street to Avenida Montero) 400,000 400,000 202402 Washington Street Sidewalk Improvements (Calle Tampico to Avenue 52) 478,000 Reprogram of 23/24 S131 funds 478,000 202403 Cove Area Slurry Seal Improvements Phase 1 950,000 950,000 202404 City Hall Drainage Improvements 1,000,000 1,000,000 202405 Citywide Miscellaneous ADA Improvements 175,000 CDBG 175,000 202406 Citywide Miscellaneous Concrete Improvements 1,000,000 1,000,000 202407 Citywide Dog Park Improvements 500,000 1,000,000 Reprogram project 202310 1,500,000 202408 Village Parking Lot Utility Undergrounding 500,000 500,000 202409 Welcome Center Improvements 750,000 750,000 202410 Avenue 52 at Jefferson Street Roundabout Improvements 600,000 600,000 202411 SilverRock Way Slurry Seal Improvements 500,000 500,000 202505 Phase III Public Safety Camera System 3,000,000 FY 2024/2025 SUBTOTAL: 8,052,000 8,200,000 500,000 1,428,000 1,579,109 100,000 2,285,000 7,725,000 3,552,000 15,700,000 2025/2026 29,869,109 32,869,109 2526ADA ADA Accessible Ramps - Various Locations 20,000 20,000 2526CPM Citywide Preventative Maintenance Plan Improvements 50,000 Equip Replacement Fund 50,000 2526PMP Pavement Management Plan Street Improvements 2,000,000 2,000,000 2,000,000 2526STI Sidewalks - Various Locations 55,000 55,000 2526TMI Citywide Traffic Signal Maintenance Improvements 235,000 235,000 2425DRA Citywide Drainage Enhancements 477,000 477,000 201702 Developer Reimbursement for DIF Eligible Improvements 400,000 400,000 201804 Landscape and Lighting Median Island Improvements 500,000 500,000 201805 Maintenance and Operations Yard 3,500,000 4,000,000 7,500,000 7,500,000 201905 Highway 111 Corridor Area Plan Implementation 1,000,000 1,000,000 202501 Citywide Striping Refresh 500,000 500,000 202502 Highway 111/Simon Drive Dual Left Turn Lanes 723,850 723,850 202503 Cove Area Slurry Seal Improvements Phase 2 950,000 950,000 202504 Avenue 47 Pavement Rehabilitation (Washington Street to Adams Street) 512,617 512,617 202505 Phase III Public Safety Camera System 3,000,000 3,000,000 202506 Washington Street at Lake La Quinta Drive (New Traffic Signal) 430,000 430,000 202507 Francis Hack Lane Pavement Rehabilitation (Avenida Bermudas to Cul-De-Sac) 580,000 580,000 202508 Corporate Centre Drive Gap Closure 1,000,000 1,000,000 202509 5-Year PMPUpdate 75,000 75,000 FY 2025/2026 SUBTOTAL: 6,552,000 8,000,000 1,052,000 10,500,000 2026/2027 950,000 1,830,000 2,626,467 50,000 20,008,467 17,008,467 2627ADA ADA Accessible Ramps - Various Locations 20,000 20,000 2627CPM Citywide Preventative Maintenance Plan Improvements 50,000 Equip Replacement Fund 50,000 2627PMP Pavement Management Plan Street Improvements 2,000,000 2,000,000 2,000,000 D D 2 Z Z X M v FINANCIAL ADVISORY COMMISSION MEETING - MAY 8, 2024 - HANDOUT 2 BY COMMISSIONER BATAVICK - COMMISSIONER'S ITEM NO. 1 CITY OF LA QUINTA CAPITAL IMPROVEMENT PROGRAM REVENUE SUMMARY Community General Fund Measure G /Cultural SB 1 Road Maintenance DIF and Facilities Other Other Project # Project Description Operating Sales Tax Center DIF Maint/Rehab Transportation DIF Measure A Revenue Revenue Source Total 2627STI Sidewalks - Various Locations 55,000 55,000 2627TMI Citywide Traffic Signal Maintenance Improvements 235,000 235,000 2627DRA Citywide Drainage Enhancements 477,000 477,000 201702 Developer Reimbursement for DIF Eligible Improvements 400,000 400,000 201804 Landscape and Lighting Median Island Improvements 500,000 500,000 201905 Highway 111 Corridor Area Plan Implementation 1,000,000 1,000,000 202601 North La Quinta Slurry Seal Improvements/Pavement Repair 1,500,000 1,500,000 202602 Citywide Arterial Slurry Seal Improvements 1,000,000 1,000,000 FY 2026/2027 SUBTOTAL: 3,052,000 1,000,000 1,052,000 3,000,000 2027/2028 0 1,000,000 400,000 1,735,000 50,000 7,237,000 2728ADA ADA Accessible Ramps - Various Locations 20,000 20,000 2728CPM Citywide Preventative Maintenance Plan Improvements 50,000 Equip Replacement Fund 50,000 2728PMP Pavement Management Plan Street Improvements 2,000,000 2,000,000 2,000,000 2728STI Sidewalks - Various Locations 55,000 55,000 2728TMI Citywide Traffic Signal Maintenance Improvements 235,000 235,000 2728DRA Citywide Drainage Enhancements 477,000 477,000 201702 Developer Reimbursement for DIF Eligible Improvements 400,000 400,000 201804 Landscape and Lighting Median Island Improvements 500,000 500,000 201905 Highway 111 Corridor Area Plan Implementation 1,000,000 1,000,000 202701 Washington Street Pavement Rehabilitation Project (Sagebrush Lane to Fred Waring Drive) 994,367 2,000,000 2,994,367 FY 2027/2028 SUBTOTAL: 3,052,000 1,000,000 1,052,000 3,000,000 2028/2029 0 994,367 400,000 2,235,000 50,000 7,731,367 2829ADA ADA Accessible Ramps - Various Locations 20,000 20,000 2829CPM Citywide Preventative Maintenance Plan Improvements 50,000 Equip Replacement Fund 50,000 2829PMP Pavement Management Plan Street Improvements 2,000,000 2,000,000 2,000,000 2829STI Sidewalks - Various Locations 55,000 55,000 2829TMI Citywide Traffic Signal Maintenance Improvements 235,000 235,000 2829DRA Citywide Drainage Enhancements 477,000 477,000 201702 Developer Reimbursement for DIF Eligible Improvements 400,000 400,000 201804 Landscape and Lighting Median Island Improvements 500,000 500,000 201905 Highway 111 Corridor Area Plan Implementation 1,000,000 1,000,000 202701 Washington Street Pavement Rehabilitation Project (Sagebrush Lane to Fred Waring Drive) 998,053 1,995,502 2,993,555 FY 2028/2029 SUBTOTAL: 3,052,000 1,000,000 0 998,053 1,052,000 3,000,000 400,000 2,230,502 50,000 7,730,555 TOTAL FISCAL YEARS 2024/25 THROUGH 2O28/29: 23,760,000 19,200,000 500,000 5,370,420 4,609,109 100,000 11,111,969 7,925,000 72,576,498 7,760,000 35,200,000 HAND OUTS CITY COUNCIL MEETING MAY 2192024 CITY COUNCIL MEETING MAY 21, 2024 - HANDOUT BY STAFF BUSINESS SESSION ITEM NO. 1 - REVISED LEGISLATIVE POLICY GUIDE ATTACHMENT 1 ocaQabtra CALIFORNIA LEGISLATIVE POLICY GUIDE 2024 The Legislative Policy Guide ("Guide") is to intentionally promote the adoption of legislation that will establish sound public policy for responsible governance; protect and enhance public health, safety, and welfare; protect the environment; and aid in the City's delivery of high -quality services to its residents. The Guide is intended to articulate the City's positions on issues that are currently, or are anticipated to be, the focus of future legislation. The positions contained in the Guide are intended to supplement the broad range of goals, policies, and programs reflected in the General Plan, Municipal Code, Sacred Values, Strategic Plan and other wed documents. Therefore, advocacy efforts may be based on references articulated in these policy documents as they provide current direction for the City organization. City departments are encouraged to review proposed legislation to determine how it relates to the City's legislative platform and recommend a position that they determine to be "high priority" and recommend that the Mayor write letters, contact legislators, and otherwise communicate the position of the City as appropriate. The Mayor, or designee after conferring with the City Manager, may authorize staff to contact legislators to advocate for or against legislation that is consistent with the City's legislative platform. 2024 Legislative Policy Guide The Guide is a tool for the City to navigate through the legislative landscape. This document details the City's Guiding Principles and Policy Positions on priority issues and provides a comprehensive approach to allow staff to take immediate action on pressing legislation under City Council direction. The Guide identifies legislative trends and active legislation that may have an impact on the City's interests and affairs, and supplements other Council -established goals and policies. Guiding Principles Enhanp-- ,,ocal Authoriti r The City of La Quinta is a charter city that supports legislation aimed at preserving local authority. Additional regulations or mandates that undermine local control are detrimental to quality service delivery. Il. jusiair, rascal Kusponsibility The City of La Quinta has been able to successfully maneuver through redevelepmeR dissolution and the COVID-19 Pandemic and economic downturn through prudent, disciplined spending and cost-effective stewardship of City resources. Therefore, the City supports measures that promote fiscal stability. III- Foster Economic Development The City of La Quinta supports legislative efforts designed to foster economic development tools and funding options for effective service delivery. IV. Promote Public Health and Wellness The City of La Quinta actively cooks to promote promotes a healthy and vibrant community that provides various recreational activities and opportunities for residents and visitors to enjoy the unique benefits of La Quinta. V. Support Public Safetv The City of La Quinta StFORgly S„nn^r 6 community safety a priority by providing high quality law enforcement and fire services and maintaining health and safety standards for its residents and visitors. VI. Encourage Preservation of the Environment The City of La Quinta is a thriving desert oasis that supports a proactive and thoughtful stance regarding the enhancement and conservation of the desert environment that surrounds us, including the Salton Sea. Policy Positions ECONOMIC DEVELOPMENT • The City of La Quinta supports economic development policies and funding mechanisms that foster a hospitable and thriving business environment. • Considering budget shortfalls, the City supports public -private development opportunities that encourage economic activity and promote health and wellness within the City. • The City supports retaining financial flexibility and authority regarding redevelopment dissolution matters. • The City opposes measures that would make the City more dependent on the State for financial stability. • The City supports legislation that facilitates the recoupment of costs derived from State and Federal mandates. • The City of La Quinta is a charter city that relies on contract services to provide efficient service delivery. • The City opposes any change in revenue allocations that would negatively affect local governments. • The City opposes any action that would preempt local control over locally imposed taxes and other funding sources. • The City opposes unfunded State and Federal mandates. • The City of La Quinta supports legislation that develops programs to increase housing and funding opportunities to meet growth demand in our area. • The City supports legislative efforts that provide incentives to local governments and private developers to develop housing opportunities including affordable housing for low-income and disabled seniors, adults, and veterans. The City of La Quinta supports the preservation of our environment. • The City promotes the development of reasonable regulations to encourage and maximize the responsible use of reclaimed water as an alternative to California's fresh water supply. • The City supports financial incentives and legislation that encourages water reuse and the treatment of municipal wastewater for non -potable reuse. • The City is a leader in recycling and supports financial incentives and legislation that encourages residents and businesses to meet changing mandates. • The City of La Quinta supports measures that provide financing tools for increasing effective, clean transportation. The City supports clean energy alternatives that are adequately funded. • The City supports State clean energy programs that are financially viable and direct funding to local government to invest in clean energy. • The City supports developing vital infrastructure and streamlining the Local, State, and Federal process for infrastructure development to better meet local needs. • The City supports legislation that strengthens local authority over land use and infrastructure development. • The City of La Quinta supports legislation that strengthens local law enforcement and safeguards communities. • The City supports measures aimed at providing sustained support for law enforcement to deal with the additional supervision and enforcement requirements of State -mandated realignment provisions. • The City opposes expansion of "early release" for offenders without necessary mechanisms in place for local law enforcement to provide corresponding services. • The City of La Quinta strongly supports attracting tourism. • The City supports efforts that help promote the City's hospitality, parks and recreation, health and wellness offerings, and entertainment venues. • The City supports working closely with public and private agencies to help boost advertisements and other means of garnering tourism. • The City supports measures that fund parks and recreation programs. J4 WO � l e.� New California Laws for 2024 The California Legislature introduced over 2,600 bills in 2023. Less than half (1,046) made it to the Governor's desk in September. The Governor signed 890 bills and vetoed 156, about the same 15% veto rate as the previous year. Below are a few laws impacting the City that took effect in January 2024: SB 423 (Multi -Family Housing Developments) — Extends the original SB 35 ministerial approval sunset to 2036 for certain multi -family housing developments, especially 100% affordable. Also includes development in coastal regions now under certain conditions. The State can approve or deny new housing developments on all State-owned and leased land. SB 525 (Health Care Workers Minimum Wage) — Raises the minimum wage of health care workers to $21/hour in 2024, and then $25/hour in 2025 depending on the size of medical organization. This is not just for the medical team; this also applies to janitors, medical technicians, office assistants, etc. AB 1228 (Fast -Food Workers Minimum Wage) — Raises the minimum wage of fast-food workers to $20/hour by April 2024. A California Fast -Food Council will also be convened to set labor and safety standards across the industry. AB 40 (Emergency Medical Services) — Requires ambulance off-load times not to exceed 30 minutes from time of arrival at a hospital or medical clinic to transferring custody to the hospital/medical clinic's staff. There is a buffer zone of 10% of total ambulance off -loads that can exceed this time limit. AB 1572 (Non -Potable Water for Nonfunctioning Turf) — Prohibits the use of potable water (safe for human consumption) for nonfunctional turf. Local governments must start this in January 2027, commercial and industrial properties start in 2028, and HOAs start in 2029. Organizations and property owners must use non -potable water or no water at all. Parks and sports fields are considered functional turf. There are exceptions for tree and plant health and irrigated commercial areas over 5,000 square feet. AB 12 (Tenancy Security Deposits) — Landlords cannot take a security deposit greater than one month's rent. Landlords were previously able to take up to 2-3 month's rent as a deposit. AB 1484 (Temporary Public Employees) — Temporary public employees shall be included in the same bargaining unit as permanent employees, which may make them eligible for the same benefits such as vacation time, holidays, and sick days. This may increase costs for hiring temps, seasonal, and part-time workers. AB 1637 (Local Government Website Domains) — Local government website domains and email addresses must be ".gov" by January 2029. This includes all municipal and tourism websites that are currently using ".org" or ".com" domains. Pending Legislation Impacting Us The public policy landscape is constantly changing, and it is incumbent on the City to stay up to date on the latest developments. Anticipating the effects new legislation and amendment re -writes may have on the community is imperative. Below are pending legislation in key areas of interest to the City: SB 584 (Limon) (Short -Term Rental Tax Law) — Creates a new Short -Term Vacation Rental (STVR) tax for renters that will go towards a statewide Laborforce Housing Fund to assist public entities and nonprofits with creating more affordable housing across the state. The new STVR tax will be 15% of the total rental cost. STVR operators earning less than $100K annually do not have to collect the STVR tax. AB 1657 (Wicks) (Affordable Housing Bond Act) — Enacts the Affordable Housing Bond Act of 2024 and authorizes the issuance of bonds for $10B. Bond sales would help finance affordable rental housing and homeownership programs across the state. AB 1782 (Ta) (Housing Redevelopment Successor Agencies) — Increases the annual amount from $250K to $500K that a housing redevelopment successor agency can expend on homelessness prevention programs. Funds must come out of the housing successor agency's Low and Moderate Income Housing Asset Fund. The City currently expends $300K annually towards homelessness prevention programs. AB 1813 (Alanis) (Senior Tenant Rental Subsidy Grant) — Establishes the Senior Tenant Shallow Rental Subsidy Program of 2024. Requires the state to develop a grant for cities and counties to provide rent subsidies for senior citizens at risk of homelessness. Half of the grants will go to cities with 250K and higher population. The other half will go to cities with less than 250K population. Subsidies to individual senior citizens will be no more than $500/month for up to 18 months. SB 834 (Portantino) (Family Home Construction and Homeownership Bond Act) — Enacts the Family Home Construction and Homeownership Bond Act of 2023 if adopted. This would authorize the issuance of $2513 in bonds to fund certain housing programs across the state. SB 968 (Seyarto) (Regional Housing Needs Allocation) — Allows a council of governments that determines Regional Housing Needs Assessment (RHNA) methodology to consider prior overproduction of housing units in the previous RHNA cycle to count as credit toward the next RHNA cycle. RHNA quantifies the need for housing within each jurisdiction during 8-year planning cycles. AB 2 (Ward) (Solar Panel Recycling) — CalRecycle shall establish a covered solar panel recycling fee and charge new consumers and service providers at the time of purchase. Consumers and service providers will start paying the fee in January 2028. The new fee will fund a subaccount in the CalRecycle electronic waste account to continuously fund e-waste recovery and recycling. Also requires an end - of -life management plan for solar panel modules by January 2028. AB 573 (Garcia) (Organic Waste Products Procurement Targets) — Requires CalRecycle to allow local jurisdictions to procure recovered organic waste products that are derived from CA organic waste but processed outside the state until December 2031. Current law requires organic waste procurement products be processed in CA. SB 615 (Allen) (Electric Vehicle Batteries) — Requires all vehicle traction batteries to be recovered, reused, or recycled at their end -of -useful -life in an electric motor vehicle. Requires a vehicle manufacturer, dealer, dismantler, or repair shop to ensure the responsible end -of -life management of the battery once removed from the vehicle. SB 638 (Eggman) (Climate Resiliency and Flood Protection Act) — Enacts the Climate Resiliency and Flood Protection Act of 2024 if approved by voters. Would authorize the issuance of $613 in bonds for flood protection and climate resiliency projects across the state. SB 969 (Wiener) (Entertainment Zones and Open Alcohol Consumption) — Authorizes any city and county to establish entertainment zones where people can consume alcohol on public streets, sidewalks, and rights -of -way on or after January 2025. Prior to adopting an ordinance to create the new zone(s), local governments must run the details by their local law enforcement agency first. AB 1713 (Gipson) (Federal Funding Reports) — Requires local agencies to submit a report to their local legislative body if they fail to spend federal funding by the expiration date. The report must also explain what funds were expended, what funds were returned, and why all funds were not used. SCA 2 (Stern) (Voter Qualifications) — Measure would reduce CA's minimum voting age to 17. AB 591 (Gabriel) (Public Electric Vehicle Charging Stations) — Requires public, fee -based electric vehicle charging stations to accept payment by credit card and include universal connectors that enable any electric vehicle to charge. AB 19 (Patterson, Joe) (Opioid Overdose Prevention in Schools) — Requires each public and charter school that has a school nurse, or trained personnel, available to maintain at least two units of naloxone hydrochloride. This drug negates or neutralizes the effects of an opioid overdose. AB 86 (Jones -Sawyer) (Statewide Homelessness Coordinator) — Requires the Governor to appoint a Statewide Homelessness Coordinator to serve as the lead person to oversee all state homelessness programs, services, data, and policies between federal, state, and local agencies. SB 37 (Caballero) (Older and Disabled Adults Housing Stability Act) — Requires the state to develop a grant program to offer grants to non -profits, public housing authorities, and agencies on aging to administer a housing subsidy program for older adults and adults with disabilities who are experiencing, or at risk of, homelessness. AB 1034 (Wilson) (Facial Recognition Technology) — Prohibits a law enforcement agency or officer from installing, activating, or using any biometric surveillance system (such as facial recognition technology) in connection with an officer's body camera. AB 1463 (Lowenthal) (Automated License Plate Reader) — Public agencies that are Automated License Plate Reader (ALPR) operators or end users shall purge all ALPR information after 30 days if anything does not match a specified hot list. This also prohibits operators and end users from accessing ALPR data older than 60 days. SB 50 (Bradford) (Vehicle and Bicycle Low -Level Infractions) — Prohibits a peace officer from stopping or detaining an operator of a vehicle or bicycle for a low-level infraction, unless a separate, independent basis for a stop exists or more than one low-level infraction. Low-level infractions include outdated vehicle registration and license plates, malfunctioning vehicle lights, dark window tint, and faulty bicycle equipment. Governor's Proposed 2024-25 State Budget Governor Gavin Newsom submitted his 2024-25 State Budget proposal to the Legislature on January 10, 2024 — a $291.5 billion fiscal blueprint that provides funding for Education, Environmental Quality, Public Safety, Community Services, Housing & Homelessness, Transportation & Public Works, Governance, and Labor Relations. This budget proposal is $19.3 billion less than the previous fiscal year, with a projected deficit of $37.9 billion. This substantial budget deficit is mostly due to extraordinary prior -year revenue shortfalls. The federal government extended tax filing deadlines multiple times last year in response to extreme winter storms, and California followed suit. As a result, the complete picture of 2022-23 tax collections became clear only after the fiscal year closed and the previous year's budget had passed. The deficit was balanced by using reserves, cuts, internal borrowing, delays, fund shifts, and deferrals. May revisions were presented by the Governor's office. Pending any changes before final Legislature approval on June 15, 2024. I'] Budget summary based on the Proposed Budget Summary (2024) on the California Budget 2024-25 LEGISLATIVE CALENDAR 2024 MONTHLY OVERVIEW Below is an overview that summarizes major legislative events and key dates that occur month -to -month in Sacramento. January: The previous year's laws go into effect January 1. The full Legislature reconvenes on January 3. The Governor must submit the budget by January 10. Last day for each house to pass their own bills that were introduced the previous year is January 31. February: The last day for bills to be introduced is February 16. March: Spring Recess begins on March 22. April: Legislature reconvenes on April 1. Last day for policy committees to hear and report new fiscal bills to fiscal committees is April 26. May: Policy committees must report non -fiscal bills by May 3. Last day for policy committees to meet is May 10; last day for fiscal committees to meet is May 17. Floor session only from May 20-24. Each house must pass their own bills by May 24. Committee meetings resume on May 28. June: Budget Bill must be passed by June 15. Last day for a legislative measure to qualify for the November general election is June 27. July: The last day for policy committees to meet and report bills is July 3. Summer Recess begins on July 4. August: Legislature reconvenes on August 5. The last day for fiscal committees to report bills is August 16. Floor session only from August 19-31. Final day for each house to pass remaining bills is August 31. Final recess begins on September 1. September: September 30 is the last day for the Governor to approve or veto bills passed by the Legislature. October: Bills enacted on or before October 2 take effect in January 2025. November: The General Election is held on November 5. December: The 2025-2026 Legislative Session convenes on December 2 for an organizational session. CITY COUNCIL MEETING MAY 21, 2024 - HANDOUT BY FAMILIES UNITED TO END THE RISING TOBACCO EPIDEMIC (FUERTE) ITEMS NOT ON THE AGENDA - SAMPLE LA QUINTA TOBACCO POLICY PACKET La Quinta Tobacco Policy Packet { Table of contents: La Quinta Policy Packet Introduction Letter......................................................................................... 3 TRL General 0 & A (Change Lab Solutions)....................................................... 5 TRL Data Supported Research (The Center for Tobacco Policy & Org.)....................... 9 Effectiveness of TRL------ ......... •---•• ........................9 Strong TRL Ordinances---------------------------------------------------------------------- 11 Local TRL Ordinances Restricting Sale of Flavored Tobacco Products ........... 18 The Truth about Flavored Tobacco (California Department of Health) ...................... 21 How to Address Drug Paraphernalia in Community (Change Lab Sol.) ......................... 23 Comprehensive TRL Ordinance (Change Lab Solutions) ................................. ...... 26 Introduction and Report ........................................................................ 28 Model Ordinance Provisions.................................................................. 46 Appendix..........................................•-•------....................................... 78 References......................................................................................... 84 Comprehensive TRL Ordinance (Public Health Law Center) ................................... 93 Introduction and Report .................................................• ............. 92 Model Ordinance Provisions.................................................................. 96 Appendix------------------------------------------------- ......................... 113 References-------------------------------------------------------------------------------------- 121 Adelanto's TRL Ordinance............................................................................. 132 k- Families United to End the Rising Tobacco Epidemic �RT May 21, 2024 Dear La Quinta Staff, The Families United to End the Rising Tobacco Epidemic (FUERTE) is a tobacco prevention program focused on addressing tobacco -related health inequities in both the communities of La Quinta and Palm Desert. We appreciate you taking the time to meet with us and to review this comprehensive packet of information we have put together. According to the American Lung Association (ALA) among adults who have smoked daily, 87% tried their first cigarette by the time they were 18 years of age, and 95% had by age 21. Although cigarette smoking rates have declined among youth in the U.S., in recent years, the popularity of flavored tobacco products has grown over time, especially among youth and young adults. Many young people mistakenly believe that flavored tobacco products, like electronic cigarettes are safer and less addictive than cigarettes. This misconception, as well as the fact that these products taste good and are not as harsh, has contributed to the increase in the use of these products by young people. In study from the U.S. Food and Drug Administration and the U.S. Centers for Disease Control and Prevention more than one in four (27.6%) used e-cigarettes and more than four in ten (42.3%) used them on 20 or more of the past 30 days (CDC2022). Due to the rising epidemic, on November 8th, 2022, Senate Bill (SB) 793 was upheld by Californian voters prohibiting the sale of most flavored tobacco products including flavored e-cigarettes and menthol cigarettes. In response to the increased rate of emergency department visits related to rising rates of underage tobacco use, program staff aimed to investigate community concerns such as youth access to tobacco and e-cigarette use. Our project conducted decoy operations with youth under 21, two of them under 19. In our investigation 6 out of the 16 retailers sold to our young investigators, an alarming 37.5%. In an effort to reduce illegal sales of tobacco products to minors, more than 200 communities in California have adopted strong local Tobacco Retailer Licensing (TRL) ordinances. In all municipalities with a strong TRL ordinance where there is before and after youth sales data available, the rate of illegal tobacco sales to minors has significantly decreased. Numerous cities with Tobacco Retail Licensing ordinances, including the City of Adelanto, have a drug paraphernalia provision in their Tobacco Retailer Licensing laws. However, currently in California, there is no enforcement agency to ensure local tobacco retailers remain in compliance with state and local laws. A tobacco retail licensing ordinance for the City of La Quints would be an effective tool in reducing underage tobacco use. This ordinance would require merchants to obtain a license to sell tobacco products and would provide the city with local control to address the illegal sales of tobacco products to young people. Overall, the annual fee for a Tobacco Retail License would provide the resources necessary for overseeing the enforcement of all existing tobacco laws and the California Health and Safety Code prohibiting sales of tobacco. Should you have any questions, please contact the Program Manager yea email at Ilopez@healtheollaborative.org Sincerely, 9 ALIFORNIA I 40 a 9 Tl� rE Prc :co Pr kLTH COLLABO 45. Alb dam% Ak o o In . . . . . . . . . . 14 Catifornia Penal Cade Section 308(a) and The STAKE ACT prohibit sates of tobacco and tuba paraphernalia, including electronic cigarettes, persons under the age of 21 Tobacco Products Purchased by Decoys er licensing is a 6wv to reduce e, youth exposure I-o, and tobacco iler density To'Wcc❑ retailer licensing laws require retailers to purchase licenses and follow at[ tobacco control laws in order to sell tobacco products such as cigarettes, smokeless tobacco, cigars, and electronic cigarettes (e- cigarettes) 0 I it .flar of support•� La Ouinta a,, A. I[' Decoy Checks The California Department of Public Health, California Tobacco Prevention Program (CTPP) under contract Number: 22-11195 Riverside County p/2) Dining Entryways Public Events Recreation Areas Service Areas Sidewalks Worksites Total Points 0 0- 0 0w 0 0 0 0 4 --_-❑ 0 0 0 0 0 0 0 40 4 0 ❑ 0 0 0 0 ❑ 0 -0 - ❑ 0 0 4 0 0 0 0 0 0 ❑ 3 0 4❑ 0 0_ ° ° a ❑ o a o 4 ❑ 0 0 3 -_° -- - -4 ._2 - -4 - -- 0 0 0 0 0 4 0 4- _4- - 0 4 0-.. 0 2 3- a 2_. a -3-- 2 a -3 - 4 l 2 4 --.,.4 0 Q 0 0 0 0. 0� 0 R 4- 0- 0 0- 3 0 0 0— 4_ 0 4 -- 0 00 a o -0 o p❑ 0 0 0 D ❑ 00 0 0 _..... 0 -- 0 - 0 -- 0 1 - �-- 0 0 -• - -------..__.. 0 0 0 0 0 ❑ 0 0 0 0 a a 0 0 0 ❑ 0 0 0 1 ❑ 4 4 0 _....... 4 _. 0 ._.-...-- 0 2 - 4 --- 2 .....__._........—_._ 3 20 .-•------.....--------......_ _ _ -0 2 1 3 8 2_ 0 3 15- 2 22....4 Nonsmoking Apartments --.._-.---._-__._.._._..._._.._...___...._..... 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 vnsmoking Condominiums _ ... p. ❑ a s 0 a 0 0 0 0 a 0_ 0 2 0 0 Q a . 0 ❑ ❑ 0 Nonsmoking Common Areas 0 0 a 0 0 0 ❑ 0 ❑ ❑ 2 0 0 4 - 0 ❑ Q .-- 0 ---- 2 -----• 0 ------..�. 0 ... o Total Points Reidvcing Sales of Tobacco Products a a o 0 o a o a a a a a o ._. s o n o a 2 o a o Tobacco Retailer Licensing 4 4 ❑ 4 4 4 4 4 4 4 4 0 4 4 4 0 4 4 4 4 1 4 Total Points 4 4 0 4 4 4 4 4 4 4 4 a 4 4 4 0 4 4 4 4 1 4 Flavored Tobacco Products - 0 -.-----.....-- 0 - 0 ,........._.._._.__....... 0 0 0 ❑ a ❑ ❑ o ❑ 0 ❑ 0 0 ❑ 0 0 0 0 0 Total Points Emerging Issuer, Bonus Points 0 D a 0 - 0 0 0 0 0 D 0 0 0 -- 0 - 0 a - 0 - 0 0 0 0 Emerging Products Definition - Secondhand Smoke 0 0 a 1 0 0 0 0 0 0 t ❑ Emerging Products Definition - Licensing- 1 ❑ 1 f -----,.._...........................-...._.__.._...... ❑ 0 - 0 1 0 ❑ 0 ❑ a❑ a Emerging Products' Definition - Cannabis - 1 f 1 1 1 0 0 1 1 -- 0 1 1 .... - 1 1 - 0 - - 1 0 1 ❑ 0 0 0 0 1 0 0 1 0 0 0 1 0 0 0 0 0 ............... 0 0 Retailer Location Restrictions 0 0 0 0 0 0 0 0 - — 0 - ------ 0 --...- 0 0 0 0 0 0 0 0 ❑ 0 ❑ 0 Sale of Tobacco Products in Pharmacies 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ❑ -- Minimum Price of Cigarettes------� 0 0-` 0 0- 0 0 ❑ 0--0 0 0 0w 0` 0 0 4 ❑ 0 a D 0 0 0 ❑ Q 0 Minimum Pack Size of Cigars ---- - 0-- 0 0- 0 0 0 0 a 0 0- C 0 0 p- Total Points 1 2 O 2 1 a 1 2 1 1 3 0 0 1 3 0 1 1 1 1 0 1 Stet$ aTTobaco4 Contrail 2DZ4 California Local Grades 51 t American lung Association. Riverside County (2/2) Dining Entryways Public Events Recreation Areas Service Areas Worksites Total Points ,t6e le 141 0 0 0 0 2 0 0 0 0 0 0 4 0 0 0 0 0 --.-0 3 0 3 0 2 0 3 0 4 3 0 0 4 0 4 0 0 0 0 0 0 0 0 1 0 0 2 0 7 0 IS ---! 3 -- ... 3 Nonsmoking Apartments 0 0 4 0 0 0 0 Nonsmoking Condominiums 0 0 0 0 0 0 0 Nonsmoking ;Co1;WonAreiW 0 0 4 0 4 0 G Total Points Reducing Sales of Tobacco Product� 0 - 0 ----- - ------ . 8 0 . 4 ...... 0 0 Tobacco Retailer Licensing A 4 A 4 A 4 A 4 A 4 A 4 A 4 Total Points Restilictions on Flavored Tob 4 4 4 --- ------- 4 4 4 oducts Flavored Tobacco Products N/A 0 N/A 0 NtA 0 MIA 0 N/A 0 N/A 0 NIA 0 Total Points Emes-ging Issues Bonus Points 0 0 0 0 0 0 0 Emerging Products Definition -Secondhand Secondhand Smoke 0 0 1 C) 1 0 0 Emerging Products Definition - Licensing Emerging Produ(As DefiMjon - Cannabis 0 0 0--_0 0 0 0 Retailer Location Restrictions . ...... .. . 0 0 0 0 0 0 0 Sale of Tobacco Products in Pharmacies -- ------- 0 0 0 0 0 0 0 Minimum Price of Cigarettes 0 0 0 D 0 0 0 Minimum Pack Size of Cigars 0 0 0 D 0 0 0 TOW Points 1 2 1 2 1 1 Stags of Tobacco ContrW 2M4 California Local Grades 52 -C� tAmerican Lung Association. ChangeLab Law & policy innovation for the common good. ChangeLab Solutions has developed model language for a TRL law in California cities and counties. The model language offers a variety of policy options that can be tailored to the specific goals and needs of your community. In addition to the core provisions, ChangeLab Solutions has drafted supplementary "plug-in" provisions, which offer additional policy options that can be incorporated into the law. For more information, please see our resources on TRL. state to learn whether local TRL is allowed. Contact ChangeLab Solutions to learn more about TRL or to request technical assistance. For legal advice, consult with an attorney licensed in your isdiction. Tobacco Retailer Licensing An Effective Tool for Public Health Communities are adopting tobacco retailer licensing laws as one way to combat the public health problems associated with tobacco use, to help reduce tobacco -related health disparities, and to ensure compliance with tobacco laws. In this fact sheet, we explain how tobacco retailer licensing works, why many communities are pursuing this policy, and what goes into creating and implementing a strong tobacco retailer licensing law. What is tobacco retailer licensing (TRL)? Licensing is a common policy tool that state and local governments use to regulate businesses like alcohol retailers, pharmacists, or restaurants. Similarly, a local government may want to license tobacco retailers in order to protect public health and safety by ensuring that retailers comply with responsible retailing practices. Under a local TRL law, the city or county government requires all businesses that sell tobacco products to obtain a license from the government in exchange for the privilege of selling these products to consumers' Local governments may require licensed retailers to pay an annual fee, which can fund administration and enforcement activities such as store inspections and compliance checks pertaining to youth purchases. Increasingly, TRL is being used to promote other innovative policy solutions, including regulating the location and density of tobacco retailers, imposing additional restrictions on the sale and promotion of tobacco products, and establishing a minimum price for certain tobacco products.2 As of June 2017, more than 150 cities and counties in California had adopted a local TRL law.' The Center for Tobacco Policy & Organizing (The Center) classifies 133 of these as "strong,"" meaning the laws have, at a minimum, • a requirement that all tobacco retailers obtain a license and renew it annually; • an annual licensing fee high enough to fund sufficient enforcement; • meaningful penalties for violators through fines and penalties, including suspension and revocation of the license;' and • a provision stating that any violation of existing local, state, or federal tobacco laws constitutes a violation of the local law. For more information For support with model language and legal issues: ChangeLab Solutions For support on campaign issues: The American Lung Association in California's Center for Tobacco Policy & Organizing (The Center) For support on issues related to hearth equity: The Loop, UC San Francisco Forsupport pertaining to new and emerging products, youth engagement, or military issues: California Youth Advocacy Network (CYAN) An eiect� dg mww with dmvger. Why adapt a TRL lewd Many communities adopt a TRL law because it is an effective tool for limiting the negative public health consequences of tobacco use. While this tool provides marry benefits, there are three main advantages to a TRL law. First, these lays have proven effective in limiting youth access to tobacco. Second, a strong TRL law provides a framework for implementing and enforcing other tobacco control policies that may advance health equity by countering the tobacco induoys aggressive and predatory tactics that disproportionately target underserved communities. Third, strong laws with annual fees create self-financing programs that allow for regular enforcement and facilitate comprehensdve local enforcement of all tobacco -related laws. Protect youth Despite state laws prohibiting tobacco sales to youth, a significant number of merchants continue to sell tobacco products to young peoplO Fortunately, strong local TRL laws have proven effective in n'duoing 4legaI tobacco sales to youtK The Center has found that local TRL is extremely effective at reducing illegal sales to underage youth; the organization surveyed 31 municipalities that have implemented and enforced a strong TRL law and found that the rates of illegal sales to youth decreased, often significantly, in all communities surveyed' Advance health equity One of the most effective potential uses of TRL is to reduce inequities in haw tobacco product's are marketed and sold in underserved communides. Research has found that the prices of tobacco products tend to be lower in neighborhoods of low socioeconomic status and in African American neighborhoods.' Evidence shows that these same communities have higher rates of tobacco use and addiction, worse health outcomes, and increased health inequities.' Because the health problems associated with tobacco use fall disproportionately an undersenved communities, policy interventions that affect consumption, pri€e, or marketing also have a greater impact on these populations and have the potential to add ressthese inequn*s. Establish a seif-financing mechanism for comprehensive enkweemear A number of federal and California state laws already regulate tobacco sales and establish penalties for i I legs; sales to youth. but these I aws each have separate enforcement mechanisms and penalty structures, making it d iff icu It to enforce them at the local level. A local TRL law, on the other hand, enVowers ill officials to impose memingfulper aloes for illegal sales W youth and enforce all existing laws --- ensuring that local communities can prioritize enforcement even when state and federal authorlties do not. Another important strength of I icensing is that the government can impose a licensi rig fee sufficient to cover enforcement costs. Because funding enforcement is often the best way to ensure compliance with a policy, ChangeLab Solutions recommends that the licensing fee be calculated to cover all enforcement activities. For more information on haw to olculate a fee for a local tobacco retailer license, see our see our tobacco licensing cost worksheet and our inueraciiue licensing fee calculator, Mat Is a tabacca pmdud.7 When people think of tobacco products, they may think of cigarettes cigars, and dnewing tobaccay but there are other products that communities moy want to restrict Our model bnguage defines tobacco products broadly to include any product containing, made, or derived from tob to or ni+w ne that is in rfdoci fir hu man � consumption (including hookah tobacco, snuff,, us, and di6olvAlnles), as well as ekKtrork smoking devices such as e-dgaretbe and e-l=kahs. This definition is w written to restrict emerging tobacco Indus T"wo-ducts leg, °' t-not-burn produft without interfering with FDA -approved cessation devices ---like nimfine patchm. What else can a TRH. haw do? While a TRL law may be the best tool to prevent sales to youth, it can also promote other innovative policy solutions including controlling the location and density of tobacco retailers, restricting the sale of menthol cigarettes and other flavored tobacco products, and establishing a minimum price for certain tobacco products. Reoula a the loration and density ofretallers �artfng' Local governments can use TR L to control both the location and density cf location and deasety of relraflers tobacco retailers in their corrwntmity. A licensing law could, for example, prohibit AnoPther common way to limit where a license for any business operating too close to a school or other area frequented tobacco retailers can locate is through by youth. Given that tobacco sales near schools and child -oriented areas have land use laws, also known as zoning been shown to increase youth smoking this polky can be used to keep tobacco laws- For a comparison between retailers out of areas where youth typically congregate. land use laws and licensing laws, Corn nides ran also use TRLto address inequities by limiting the number of see ChangeLab 5olWons' fact sheet 'Licensing & Zoning. Tools for public tobacco retailers located within oi)mmun ities most affected by,tobacao-related Health.' harm. Low-imnme communities,, communities of color, and other undersenred commur4bes experience denser corKxintrations of tobacco retall outlets, which are associated Wth increased tobacco use, increased rates of tabaeco-related disease, and decmased quit rates" Local gavernments can tedace tobacco retailer density by capping the total number of licenses issued, limiting the nu mber of tobacco retailers allowed to operate within a specified area (eg, a city coundI district), or specifying a minimum distance between tobwoo retailers, California law omits alcohol licenses based on density; this policy applies thatsame rationale to tobacco retailers. Restrict the sale otmenthol cfgaretf'es and flavored tobacco products A TftL law can also restrict the sale of menthol cigarettes and other favored tobacco products. Menthol and other flavored tobacco products are considered starter products that help establish long -terra tabaow use, particularly among youth. Restricting the sale of all flavored tobacco products may reduce tobacco use and counter the tobacco industry`s predatory targeting of these produce to youth, people of color, low-income populations, and members of LGBTQ+ communities all of whom are significantly more likely to use menthol cigarettes and other flavored tobacco products and disproportionately bear the burdert of tobacco - related harm. While the federal Tobacco Control Act banned the manufacture of flavored cigarettes, the law contains an exception for menthol cigarettes and neither cigar as irxgdpq, s�crry asrd federal nor Califoriria state lave restrict flavored non -cigarette tobacco products. +*nYIAqsWdfar un&rc dDidr Communities can close this loophole and regulate products that are increasingly apiece, used by youth and other underservved populations. For more on this type of policy, see Changel-ab Solutions' fact sheet and model ordinance on regulating Flavored tobacco products, Establish o minimum price for tobacco products Several communities are using TRL laws to establish minimum prices for tobacco products such as cigarettes, little cigars, and cigars. Minimum price policies set a floor price below which a product cannot be sold. By raising the price paid for tobacco products, such policies can reduce the consumption of those products, particularly among youth. Research shows that establishing rninimum pricing is one of the most promising strategies for reducing tobacco •related disparities"Jurisdictionscan also use TRL to implement other pricing policies such as establishing minimum package sizes for little €igars and cigars, as well y5. as prohibiting the redemption of tobacco product discounts, coupons, and Aden [dyQreit piorr�otianse rmo, promotions. 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C� TI fbduC bgthe�s�rswy-an d{hmbrr� Tamp. � k!u 3, times h tl r.� PEatt s mtp.rf ottotraan aamnni VM-* Mbum err sariae w"n k hegwtrs$ b1311kY1Y5tj WWM {f errddrr� 7oGo® (ice UjXj �s�.3�e�i3dT, t1je x httpylh+kxcaeu+trd tam} crnkra�n � rV,r#,�Ie Lr� T� . aMM MX FMR* W LuM U k AN�J PM Gump" plope�d Wrpm d rig, r re door pnae aM encia Ca polrsts oe SoGoemsuelt d pw9m5 Mr ending. L foe r�CvlAat. t[ ,uppL >}JrAFIAG M %bbb ft .� tmyrrtupacrarartt.ad�rr�,igrNigrrLPrIv�JS;�pps�l,L�! Pt- IF6kPWMMWfNWdpgM7}€WWMb ts.rmvr t0dpwLMpoPaarafs rea"srffmkL=n Avamr*a+R.nr sa. andrsrh C�+.C�Irior■flrlarrOs The options discussed so far are just a few examples of cutting -edge policy solutions for tobacco control. Other innovaWe policy solutions --referred to as "plug-in' provisions —can be incotporated into a TRL law. For more information about plug-in provisions, including the ones mentioned here; see our fact sheet. Who should handle intpiementon and enforcement? Irs up to individual communities to decide who will implement and enforce aTRL taw. Mulltiple agencies might be involved: one agency may issue the license (the city rnaniager, for example, or the agency that issues general business licenses), while another agency, such as the environmental health or police department, may .monitor compliance. There is no one right way to implement and enforce a local TRL program. That said, successful programs share some characteristics. For one thing, they are overseen by a single government agency with dedicated staff# members. They also plan early for enforcement that engages all the key players. And they require a license fee that is large enough to cover the fill cost of administering and enforcing the program. To assist agencies in coordinating and plarming,ChangeLab Solutions has created a checklist that includes all the tecornmended elements of a successful program. Can licensing be used in other ways to cfeate a healthier retail environment? Communities can use licensing and dUher strategies to improve public health In other ways by ensuring that retailers are not only complying with wasting laws but also benefiting the communities they serve. For example, to neighborhoods with limited access to fresh produce and staple foods, a licensing systems could require food retailers to carry these items. For mare information on how public health practitiorwrs in tobacco control, nutrition, and prevention of excessive alcohol use can work together to create a healthier retalI environment, see our resources on healthy retail policy and partnerships. G ChangeE.abSolutions Z,- . I Charrgetah Solutions bra mu" refit wWr=tfor: rhlatproridrs legarir>farrlrotian err mottos rplatinp pubRt hemkh The kgcf 6at6mraNwr prvsrided in tiro documerd dori not aom tfRrt a iegaicdricvr nr teyof repmnmUrdurr. For izqW ad" readers should o rm* a iow}w rn #heir sWte. This AwNYiolwasmahpoossbkby funds wowdfrornGrunthm»ber14-t 4wE1tr7theCaRbrab AeparwRw of A&c hlemWz CaNbina Tobacco Contrail Prgttrm ognaly published Septunber 2M_ Updated in June 2ora F4 4 Tobacco Retailer Licensing Is Effective SEPTEMBER 2018 In California, 144 cornMUnities have adopted strong local tobacco retailer licensing ordinances in an effort to reduce illegal sales of tobacco products to minors. That includes the fallowing four components: • Lite nse that all retailers must obtain in order to sell tobacco products and that must be renewed annuafly. A fee set high enough to sufficiently fund an effective program inclu4ing administration of the program and enforcement efforts. An enforcement plan, that includes compliance checks, should be clearly stated. ■ Coordination of tobacco regulations so that a violation of any existing local, state or federal tobacco regulation violates the license. + A financial deterrent through fines and penalties including the suspension and revocation of the Tice nse. Fines and penalties should be oudined in the ordinance. The table below lists illegal sales rates to minors before and after a strong licensing law was enacted. These sales rates were determined by youth tobacco purchase st+rveys administered by local agencies. It is important to note that results from the youth tobacco purchase surveys have a number of different factors that influence change. Results from these surveys are somewhat dependent on certain factors that differ in each community, such as the age of the youth and the number of stores surveyed, Furthermore, other factors that could impact these rates include statewide laws, other co policies. or statewide or national media campaigns- The data below shows that these decreases occur after a tobacco retailer license has ANDUCAN LUNG ASSOCIAnoN. THE NTIER for Tobacco Policy & Organizing been estabtished. The results overwhelmingly demonstrate that local tobacco retailer licensing ordinances with strong enforcement provisions are effective. Rates of illegal tobacco sales to minors have decreased, often signrftcantly, in all rnwiicipal ities with a strong tobacco retailer licensing ordinance where there is be#ore and after youth sales rate data available. However. a licensing ordinance by itself will not automatically decrease sales rates; proper education and enforcement ahout the Inca ordinance and state youth access laws are always needed. Before and after youth sales rate data is available for the following 41 California communities with strong licensing ordinances- Fanning, Baldwin Park, Beaumont, Berkeley, Burbank, Calabasas, Carpentaria, Coachella, Contra Costa County, Coruna, Davis, Delano, Desert Hat Springs, EI Cajon, Elk GTOye, Goleta, Grass Valley. Grover Beach, Kern County, La Canada Flintridge, Los Angeles Countyr Morgan Hill, Ivlurrieta, Norco, Oraville, Pasadena, Riverside, Rosemead, Sacramento, Sacramento County, San Fernando, San Francisco, San Luis Obispo, San Luis Obispo County, Santa Barbara County, Sonoma County, Tehachapi, Vista, Winters. Woodland, and Yolo County. For more resources on these ordinances, including the Matrix of Strang Local Tabacca Retailer Licensing Ordinances wdth policy and enforcement details for every strong ordinance in the state, visit: For model tobacco retailer licensing ordinance language, visit ChangeLab Solutions at chi labsolutiQ5.org The Center for Tobacco Pnliey & Organizing I American Lung Assoc iadon in California 1SS1 I Street. Suite 241. Sacramento, CA 958t41 Phone: (916) 554.58641 Fax: 1916) 442ASSS CM18.eaWwn1anzpsrtrKnr-of RWt krdeduwV-rcormxtn.-taat8 O THE CENTER FOR TOBACCO POLICY& ORGANIZING Page2of2 Table of youth sales rates before and after the adoption of a strong tobacco retailer licensing ordinance W Banning August 2006 $350 77% 21% Baldwin Park October 2008 $342 34% 9% Beaumont December 2006 $350 63% 20°% Beraaeiey December 2002 $427' 38% 42% Burbank February 2007 $235 26-7% 5% Calabasas June 2009 $0* WAS 5% Carpentaria April 2012 $379 2670 7% Coachella July 2W9 $350 69% 11% Contra Costa County January 2003 $160* 37% 13% Carona Ortaber 2005 $350 50% 17% Davis August 2007 1377 30.5% 12% Delano tune 2008 $165 23% 5.6 Desert Hot Springs August 2007 $350 48% 4% El Cajon June 2004 $698 40% 1°% Elk Grave September 2D 4 $270 17% 16.7X Goleta May 2014 $534 21% 7% Grass Valley November 2009 $100 27% 0% Grover Beach September 2005 $244 46% 17% Kern [aunty November 2006 $165 34% La Canada Flintriidge June 2009 $50, 47.1% 0% Los Angeles Cou nty DecembeIr2007 $235 30.6% R% Morgan HIII April 2014 $125 15% 0% Murrleta May 2006 $350 31% 7N Norco March 2006 $350 40% 6% aroville March 2013 $30 2Z6% 0% Pasadena January 2004 $225 291A 0% Rivers; le May 2006 $350 65% 31% Rosemead July 2017 $235 32% 22% Sacramento March 2004 $324 27% 15A% Sacra mento County May 20D4 $287 21% 7.1% San Fernando October 200E $250 30.5% 3% San Francisco November2003 $175' 22,3% 13.4% San Luis Obispo August 2043 $255 17% 13% San Luis Obispo County October 2D08 $342 3n36 5% Santa Barbara County November 2010 $235 21% 3% 5on❑ma County April 2016 $350 ia.4% 1.3% Tehachapi February 2007 $165 8% 16.7% Vista May 2005 $250 39°% 1.91% Winters January 2016 $377 47% 195E 1Noc dland lone 2015 $377 32% 996 Yalo County May 2006 $377 2a% 7.8% *City or County fee does not fully cover administration and enforcement of the tabacca-retailer license. Rather, the fee is supplemental with another stable source of funds, such as the Master Settlement Agreement (MSA) funds or general funds. See the Center's Matrix of Strong Local Tobacco Retailer Licensing Ordinances forfull details about the administration and enforcement of these ordinances. . The Center for Tobacco Policy & prganixing I American Lun$ Association m Calitofnia 15311 Street, Suite 202, $acramgntq, CA 958!4 I Phone- (916) 554.5664 1 Fax: (9161 442.6585 D2018 California Department of Puhli[ Health Funded under contract k1a-10013 Matrix of Strong Local Tobacco AMPS THE CENTER WM Retailer Licensing Ordinances �- tor Tobacco Poky&Organiring A &0C�° JULY 20ig In order to reduce illegal sales of tobacco products to minors, many cities and counties in Cal i€ornia have adopted strong local tobacco retailer licensing ordinances_ This document highlights the 244 ordinances that are considered strong, as well as the fee arld enforcement provisions_ A strong local tobacco licensing law is defined as one that includes the following four components: Requirements that all retailers that sell tobacco products must obtain a license and renew it annually. e A fee set high enough to sufficientlyfund an effective program Including administration of the program and enforcement efforts. An enforcement ptan, that includes compliance checks, should be clearly stated. ■ Coordination of tobacco regulations so that a violatian of any existing local, state or federal tobacco regulation violates the license. , A financial deterrent through fines and penalties including the suspension and revocation of the license. Fines and penalties should be outlined in the ordinance. bellow is a list of the 144 local ordinances in California that have met the requirements for a strong ;oval tobacco retailer Iicensing ordinance along with basic information about the community population, license fee and designated enforcement agencies. The jurisdictions are listed in alphabetical order under each county in order to make it easy to compare fee and enforcement details for similar jurisdictions. For the table below, the agencies that enforce these ordinances have been categorized in the following way. + Law Enforcement: Inc#udes Police Departments and Sheriff Departments . Health Department: Includes Environmental Health Services. Departments of Public Health, Health Services Department, and Health and Human Servires Divisions. + City Officials: Includes City Manager, City Attorney, and any authorized city official + Other: $ncludes Community Development Services, Department of Finance, code enforcement agencies/ services. Administrative Services. Neighborhood Preservation Division, neighborhood services inspectors, Business License DivWinn, and district Attorneys Other documents on tobacco retailer licensing, including a fact sheet on the effectiveness of these ordinances, are available at: http;//Center4-fobaccoPolicy.org/tobacca- pol icy/tobacco-retail-enwi ronrnent The Center for -Tobacco Policy & Organiring I American Lung Association in Califonria 15311 Street. suite 201. Sacramenta. CA 958141 Phone: 0161554.58641 Fax: (916) 442.8595 021M. 01MMU D"Mrunent of PJbk HeaW €.rrderd Uncle. C4rFUWn,rta-i0bi3. Albany FebruaryWW 18,988 $250 X Berkeley December 2002 121,238 $ 427- X X Hayward July 2014 161,040 3400 X Oakland April2008 426,074 W.. X San Leandro October 2017 86.071 TOD X ]( Union City N7f tuber 2010 73,452 $665 X Droville March 2013 18,037 $30 X Concord September 2006 128.370 $260 X Cardra Costa County January 2003 173,454 $287" }L El Cerrito OchAw 2015 24,bW $485 MiW $494 (renew) X X Richmond June2009 111.705 $1,062.44— X San Pablo Apra 2004 3103 $196 X FCWWF October 2012 6,348 $30 X Firebaugh August 20M 8.202 $190 X Parlier Aprl12012 15.500 $200 X calexko February 2OU4 40,921 X X Arvin September 2016 21.157 $275-$655 X California City February 2007 14,248 $275-$655 X Delano June 2008 53.152 $275-$655 X Kem County November 2006 311.015 $275-$653 X r++kFadand "2007 14,919 $275-$655 X Shatter November2016 18,988 $275-$655 X Taft August2016 9.492 $275-$655 X Tehachapi February2047 IZ280 $275-$655 X The Center for Tobacro Poticy & Organizing E American Long Association in California 15314 Street. 5.uite 201. SdCearrnent4, CA 95814 1 Phooe: (9161 5554.5864 1 Fax: (916) 442.8565 020M. Califon -in DepartmeTa of W6Lc Health, Funded under canhaee a14-100M. THE CENTER FOR TOBACCO POLICY & ORGANIZING Page 3 of 7 Wasco, March 2007 26,M $275^$655 k Baldwin park October 2" 75,537 $342 X X Beverly hills August 2010 34b" No Fee manned X Burbank February 2007 105,033 M.. X Calabasas June 2009 24= No fee Planned' k Carson November 2006 93,674 $500 X X Cerritos $anuaiV 20W 50,039 $50. X Compton July 2007 IM050 $500 X X Culver City )uly 2009 40,103 $235 X X Duarte May 2013 22,1033 $100 X FJ Monte Nnvemlfer 2011 114.268 $300 X X 515egundo June 2010 16,717 $250 K Gardem July 2008 60,721 $120" X X Glendale September 2007 201,746 $255 X Hawaiian Gardens July 2011 24,753 U46 X Hawthome )uly2009 87.662 $375 X X Hurdington Perk Ntrvenrber 2011 59,383 No Fee Manned X inglewood Octaber2007 114,900 $350 X X La Canada Fllntridge June 2009 2A497 $54' k X La Verne January 2017 32,369 $304 X X Lant&ater June 2006 157.820 $261 X Laywntdale October 2009 33.365 $150 X iotnita May 200-1 20,403 $150 k X Long Beach February 2008 480.173 $442 X X X Lns Angeles (City) September 2005 4,041,707 $300 X X X LasAtingelesCaunty December 2007 1.053.030 $235 X X Lynwood October 2012 71,997 TSD }( Malibu November 2011 12,742 No Fee Planned ' X Maywood August 2006 274M $46 (initial) $11-50 (Mrwv) X Montebello September 2009 63,917 $300 }l Monterey Park April 2010 61.606 W. X Pairtadale January 2010 158,605 $350 X The Centef for Tobacco Palley & Organizing I Amencan Ltkng Association in California 15311 Strear. 5uite 201, Sacramento, CA 958141 Phone: (916) 554.5864 1 Fax; (916) 442.858S QMI& Ca N-w b Urp.a-W"or Public Health. €d-KWundercon#-& t 014-10013. THE CENTER FOR TOBACCO POLICY & ORGANIZING Page of 7 Pasadena February 2004 143.333 $225 x x San Fernando October 2OUS 24,486 $250 x San Gabriel March 2010 411921) $300 x Santa Monica November 2009 93034 $135 x Sierrra NUdre Navembr-r 2006 i11D10 $30 x 5auth El Mcote September 2014 20.883 $120 Y South Pasadena Febnwy 2009 25,992 $150 x Temple City December 2012 36,389 $320 �initialj $75 frenewj x fairFax December Z017 7,598 TSD x Marin County May 2012 69r214 $25 x PAIL Valley $epternber 2012 14.910 $25 x Novato January 2017 54,522 $50 or Eels x San Rafael August 1"1 .60,042 $49 (initial} $10 (renew( x Fort Brau December 2012 7,772 $195 x MendminoCcrunty April201D 59,666 $350 x Ukiah December 2012 16,314 35 x x Willits OcWber 204.3 4,926 375 x Alturas February 2016 2,537 $ lCiO (ir>atial} $25(renew) x Carmel -By -The -Sea lone 2013 3,842 $256 x x w1onterey November 2014 28,828 P$G x x MvntOrefCauniy KUyMU 107.009 $286 x x Salinas January 2015 162,470 $286 x x Gass valley November 2009 IZ859 $100 Nevada City Nrnrember 2006 3208 $1DD x Santa Ara Oataber 2DD6 341,341 $635 x x The Center For Tobacro Palicy & Organizing I American Lung Assoc ation in California 15311 Street, Suitt 20t. Saeramenm, CA 95914 l Phone: (916) 554.5864 1 F4Ix, (916)442.8585 0201A Catfonua Ueparbrewe nr Pubk Health funded under cantrxt M 14i40i3. THE CENTER FOR TOBACCO POLICY& ORGANIZING Page 5of 7 Banning August 2006 31,069 $350 x Beaumont December 2006 46.179 $350 X Calimesa June 2007 6,637 $350 x Cathedral City January 2016 52.381 $350 x Canyon lake June 2009 10,891 $354 Coachella July 2W7 4%551 050 x Corona October 2M5 167,759 $350 x Desert Hat Spdngs. August2007 29,1ii $354 x Eastvale October 2010 64,613 $350 x Hemet March 2000 81986 $350 x 3urupavalley 5eptember2011 101.315 $350 x Lake Elsinore August 2007 6Z092 $M X MerWee December 20D9 90.6660 $350 x Moreno Valley September 2007 206,750 $350 x Murrieta May 2006 114,914 $350 x Norco Nkxch 2006 26M2 $350 x Perris August 2008 75,739 $354 x Rancho Mirage "2017 16,194 $350 x Riverside (City) May 2006 326,792 $350 x Riverside County January 2010 373,755 $354 x SanJacintio June 2006 47,925 $350 x Temecula June 2006 111=4 No Fee Planned` It Wildomar July 200E 35.182 $350 X Elk Ceom September 2004 17109 $270 x Rancho Cordova Felxuary 2D05 73,872 $2i8 x Sacramento (City) March 2004 493A25 $370 x Sacramento County May 2004 5a4,729 $309 x X x Holl6ter May 2006 3d,677 P69 X Chula Vista Mateb 20i9 243,916 TBG x }( The Center for Tobarca Pf 1icv Organizing I American Lung Association in California 15311 Street, Suite 201, Sacramento, CA 958141 Phone: (916) 554.58641 Fax.- (916) 442.8585 Q20M drAornla bepvtm aef Publit H&9& Awa& p uMorcori a914-10Dt3 X X X 1 X THE CENTER FOR TOBACCO POUCY & ORGANIZING Page 6 of 7 El Cajon June 2004 102.803 $675 X San Marcos July 2016 -94,042 $190 X Solana Beach July 2009 13,521 $110 " X Vista May 2405 101,797 $250 X Sari Francisco November 2003 874.226 $315 X X Arroyo Grande February 2005 17Y36 $208 X Grover Reach September 2005 13.438 $224 X San lams Obispo (City) August 2f103 46,724 $278 X San Luis Obispo County October 2DDB 120.549 $342 X P'acifta February 2008 38,124 $79 X X Carpinteria A 3612013 13,943 $379 X X fsoleta May 2014 31,76D $534 X X Santa Barbara County November 2010 143,439 $404' X X Campwl December 2412 42,726 $51 X Gilroy November 2014 55,936 $100 K Los Gatos Wy 2017 31.314 $425 X X Mtxgan Hill April 2014 44,145 $125 X NI'D.Alto Ckbaber 2017 65,412 $425 X Santa Clara County November 2010 87,764 $425 X X Saratoga June 2015 30,569 $50. X X Santa Cruz @City) October 2012 65,070 $425 X Santa Crux County April 2011 136,1" $318 X X Scotts Valley deuember WIS 12A63 No Fee Planned Watsonville October2012 53,015 55•$382 X 'City or Caunty fee does not fully coves administtatfon and enforcement of the tobacco retailer license- Rather, the fee is supplemented with another Stable stwrce of lundr., such a5 Master Settlement Agreement (ri1SA) funds or general funds. " fees may h2vL- additional restri[ WIS, charges or may be combined with another fee. jowves; Papulatmn figures are from California Department of Finance, E-1 Population Esd hates for Ukles, Counties and tip Stare with Annual f ercerTt change — ian_ 1, 016 and 2017, The Center for Tabacco Policy & Organ4ing I American Lung Association;n California 15311 Street, Suite 201, Sacramento, CA 95814 1 Phone:1916} 554,5864 I Fax; (916) 442.8585 020M CaFiurma Depwwwrg of Pubk calth. Funded undercmrtrxt M14-i0a13_ THE CENTER POR TOBACCO POLICY & ORGANIZING Page 7 of 7 Flealdsburg Nnvelnber 14 11, $445 X Sonoma June 2015 10,989 $246 X Sonoma County Api-4 2016 153,57# tm X Windsor March 2018 27,555 $350 X X Riverbank July 2010 24.610 $25-$240 X X Oxnard February 2012 207,772 $91' >, Davis August 2007 68,740 $344 X X Winters January 2016 7,255 $.344 X X Woodland June Z015 59,616 $360 X Polo County may 2006 30,122 $344 X X 101 O The Center for Tobacco Policy & brganiaing I American Lung Association ir1 Califom is 15311 Street, Suite 201. Sacramentor CA 958141 Phone- (91Q S54.S864I Fax: (915)442.8585 0208 Ga9fv nla dewrtlnem at Pubk Heahh furled order contract Ct4-s9613. K A14ERW—M LUNG ASSOCIATION. N NOVEMBER 2018 Matrix of Local Ordinances Restricting the Sale of Flavored Tobacco Products The tobacco industry has a long history of using flavored tobacco to target youth and communities of color. The majority of youth who start experimenting with tobacco begin with flavored tobacco.I These products cum in a variety of candy -like flavors including bubble gum, grape, menthol and cotton candy and include e-cigariff ttes, hookah tobacco, cigars. smokeless tobacco, and even favored accessories sur-h as blunt wraps. Since 2004, the United States Food and Drug Administration )FDA) has Waned flavored cigarettes nationwide. However, this ban included an exemption for menthol flavored cigarettes and doesn't extend to non -cigarette tobacco products. There arae currently no state laws in California restricting the sale of Flavored tobacco products. It is up to locat communities to take action to protect their youth from the lure of enticing flavored tobacco. The first community to restrict the sale of flavored tobacco in California was Santa CIa€a County in 2010. Since then, twenty-six communities have passed similar policies. What products may be incladed? 1. E-Cigarettes - Restricts the sale of flavored electronic cigarettes. 2. Menthol - Restricts the sale of tobacco products labelled as menthol, including cigarettes, smokeless tobacco, little cigars. etc, 3. Little Guars - Restricts the sale of flavored little cigars, which are small, usually filtered cigars wrapped in brown paper containing tobacco leaf. Little cigars became a popular alternative following the FDA`s ban on flavored cigarettes. 4. Smokeless Tobacco - Restricts the sale of flavored rnokeless tobacco such as chewing tobacco, dip, snus and 'puff. THE CENTER for Tahacco Pd"Ai Organizing 5. Components &Accessories - Restricts the sale of flavored accessory products such as blunt wraps and a -juice additives. These products cannot be smoked alone and serve as a delf very system for smoked products. 6. Products Marketed as Flavored - Tobacco companies sometimes try to circurrivent flavor restrictions by marketing products as flavored without drectiy labelling them as such. This policy option allows communities to broaden the definition of flavored tobacco to include these products. What exemptions are allowed? 1. Adult -Only Stores Exempted - Adult -only retailers are limited to customers vuho are 21 and over. This limits sales of flavored tobacco to stores that youth do not have access to. 2. Grandfathered retailers Exempted - Allows retailers that were in operation prior to a specifed date to continue selling flavored tobacco products_ 5 3. Ur'nited to Youth -Populated Areas - Retailers are required to be a certain distance away from schools, parks. or other youth -oriented locations, Since many flavored tobacco products target youth, including buffer zones is a way tQ Ilmit their access to flavored products. Resources The Center has addidunal resources on tobacco retailer licensing ordinances, plug-in policies, and ordinances restricting menthol tobacco available at_ http j/ center4tobaccopol icy.org/tobacco-po l icy/tobacco-retail- environmeni/ . ChangeLab Solutions has model ordinance language available for ordinances restricting flavored tobacco at-, httpVchangelabsolutions.org, The Center for Tobacco Policy & Organizing l Amer'"n Lung Assodadon in California 15311 Street, Suite 201, Sacramento, CA 95814 l Phone' (9161 554_5864 1 Fax- (916) 442-0585 C20113 CWftma Dopowrm of PWc HeaMA Funded under corMWxt 914-10013. Madn County ;t w 2018 X x X X x Cop x xX x x Oct2018 K,W Mwn fty X X x X x X Oct 2018 R wa SFa " X X X X X Sop 2038 Berlaerly wis X X X X X X August 20i6 Rlchm&M K k' X x X July 2018 Sausalito X X X X X July 2018 San Mateo County k X X X tune 2018 San Francisco } 1C X X X X June 2018 Mom County k k X K X July 2038 .. .. .... , .. ... .. ' .. .. Windsor x March 2018 CkAter ale 7C X }[ X DObw rber 2017 Fairfax X.. Mob X December 2017 LeAridr }[ X X X k Oct 2017 Mo Adto X X X X }X X X Oct 2017 Oaldand X X X X X X X Sep Z017 Contra Pasta County X X X X X XJuly 1000 ft Los GatcS X X X X X x X May 2017 Novato X X•& X K X Jan 201.7 Smta Clara County x x X X x X X Oct 2016 The Center for Tobacco Policy & Organizing American Lung ASSOCi3tioo in Califon3it 15511 Street. Suite 201• Sacramento, CA 95B14 I Phone-. (916) 554.S964 I Pax- (9161442.8585 G2038. calftTRO Depxhnent ofPuhlic Health. rumdedWnder camp 514-30013, THE AMERICAN LUNG ASS00AWN IN CAUFORNIATHE CENTER FOR TOBACCO POLICY & ORGANIZING Page 3 of 3 Yob County x x x x x Oct 2016 ManluMn Baeeh x x x X Dec 2015 El ciffrwo x X. x x Oct 2015 SwWry x x x x x SqA 2015 Sonoma x X" X„, x June 2015 way"lwd x x• x x x July 2014 AmhroKax4 etal.,Fta4aadToba"kductLo*AmMuSVwthAged 12I7YwmM3-2014_OMA20t5-p1.3. *Dm not IncWe nrendug dprmin "EAff 1 U pockiM of wt dew S w more "' Docsm appfr to p1m ukama Ic x i7 x x x SDD ft The C enter for Tobacco Po" & Organi ng i American Lung Ass oc iation in California 1531151re a, Suite 201, SacraYnento. CA 95914 I Phone: (916) 554-5864 I Fax' (9161442.B5 S 5 j 0411L Cghl mnhDepn&nmt of Public Health. Forded under contract 014.10013. About Flavored Tobacco The use o0 gored tobacco products such as cigars, cigarillos, smokeless tobacco. hookah tobacco, and e4quids (used M e-cigarettes) has incfeased to recent years' These products use enticing flavors, colorful packaging and lower prices to hook a new generation of tobaccD users. Enticing Fruit and Candy Flavors Sweecl avors like watermelon, cherry, chocolate, mint, and gummy bear appeal to kids and teens? Flavorings mask the harsh taste of tobacco which make it easier for youth to initiate tobacco use.2 a t a a a a a a A a a a i t a a■■ a a a a a a a a a a a a Marketed to Young People Flavored tobacco products often use the same Davoring chemicals as popular brands like Jotly Rancher, Kool-Aid, and Life Savers.3 LiWe cigars are often sold in small packages for less than a dollar and promoted as a law -cost alternative W cigare#tes.4 s Colorful packaging and placement near the register makes them highly visible and attractive to kids.4 Growing Teen Use a a. a i r i a i a r. a i r• a a a a a a a a A majority of youtfr repor❑ goring as a leading reason for using tobacco products.6 This includes: 82% of e-cigarette users 79% of hookah users 74% of cigar users 9% of smokeless users of young People 80 % who have ever used bacco started with a flavored 0 • " , Longterm addiction .,.8809009090*0040 The U-S. Surgeon General has warned thaC 11vored tobacco products help new users establish habits that cart lead to long-term addkItIon.f Flavors like menthol in tobacco products make it harder for users to quit.0 i # ■ t e e n e t e • t # ! IF IF t • e + • ■ ■ ■ ■ r ■ ■ All nicotine products are addictive and increase the risk of developing serious health problems.' ID 4D ID Cancer Heart Disease Emphysema 0 # i e ■ a e • * • 4 • • # • e Smokers who stark at a younger age, afe more Incely to develop a severe nivmUne addiction? Serious health frisks The chemical Diacetyl, found in 75% of Lmred e-liquids, is finked to bronchiolitis obtiterans (apopcom lung") wNch causes irreversible lung damage.1011 d The FDA has banned the sale o:D Owed cigarettes (other than menthol) because they appeal to youth. Su0 ®vored e-cigarettes, e-liquid. cigars, hookah, and chewing tobacco continue to sold. Prohlbltln9 the Sale of all flavored tobacco products is a critical step to preventing another generation of young people from living with a lifetime of addiction. H nem of ruimrlcreea th References 1 Carey,C.G.,alai.,F7��reddaEat�colxnducf eamarigrt i�arrdiYghsrl�od nf�Llrxl�dSlam tOx�.MLFWRMorbMyandklorlaYtyWaeWyRapark201564C3&}p-f06friM 2 Kmg, B.A., S.R Dube. and MA Tynan. Ftarored agar ernofurg a noN US adOW. C dmgs from On 2009-2010 NajwW Adult Tobacco- Survey. Nicotine & Tahocm search, 2& 3. 159). #.809-el4. 3 9rowm, J.E., e1 al., Candy a wenngs u, Inhacm. New EFKj&ud Jcp4Fna1rll ldedKvw, 2414, 37W3]r p.1250.2252 d. Dregon Public Health Dinriw, Rworwd Tabacm: Sweea, CJeap and W aLrda'12vech, m CD Sumnary.2014,0a gm HeallhAuadwrey Oregon. 5. D&evm C.D. and M. Hryw a, A whole hodher emake-nr it ugarelta rn d sgutsr_ How RJ l8eymolds refran7ed the American lvumel of pubic ttaaAh, Z007. WjBj: P 1368 6, Ambwsc S.K., et al.. Fiavamd Tabasco Prbdud Loa Amory US Yuudh Aged 12-IT Yaara. 2013-2014. JAMA, 2015: A 13. 7. U.S. OeparVmrR d HuaMh and Human Serracea, Pmmr" k]1 em U6v a m&V ywAlA aaridyooV adub, a raper# d fh+1' Surgeon ia9rye W. At Wt2t, GA_ LP3 Deparhnm t of health and Human Semoea, Contras far Dmase Cenlrol and Prerehhpn. National Canter for ChFum Oise Prawwo n and Hee* Pronwuorr Df[3s om Smairsng au7d Health, 2412. 3. 5. Dome. G.D.. slap.. Smnlrifig-aesaabM Foreman Joumai of Preveribm Medwink 2011 419y p. 75T-39. 9. US- Food and drug Admuriseauon. Flavored Tobacco Produ# Fact Sheet. 2011. U.S. Food and Ong Admkomaeort. 10 Jaaeph G. Allen, el al., Ftarammg Chemicals m E. Cigarettes. Dgacatyl, 2,3lPentanedkm%. and Acemer in a Sample of 51 Pmduds, Imt$dng Fruit-. Candy-. and Cockuik-Rmwd E-Cigaraales_ Ere mwm-," Finanh Per�, 2015. 11.1Fan99gms. X.E., of al, Evahad= of aiecborm agora W bWWs and awosc%f kf Ow prraerrce of ashacled,rd afaavn Im oA Hitalne 9 Tobacm ReSHWch. 2015 U(2). p- f e-174 102017 California Department of Public Health. 0111A ChangeLab Lew G gnhry wnovadm Im tho c* od {Lima. 6166m o I}>Ccy a niad Pipe Down How to Address Drug Paraphornalia in Your Community [,rougnow " nFcmnia, com muni Lies are►aung pur3nr. health and slimycane-erns thin stem from the sale and use of illegal drugs. GMr9 Iocal agencies a way to enforce state laws regulatrngthe sake o€drag paraphernalia can help address the proablern. This fact sheet explains how earnmuni:ties can help enforce state drug paraphernalia laws through a law requiring local tobacco retailers to obtain a license to sell tobacco products. What does state lava say about the sale of drug paraphernalia? Although its legal to sell tobacco paraphernalia (e.g., a lighter or matches), Cal+`fornla does prohibit the sale of dreg paraphernalia, defined as items that are 'designed' or "marketed" for use with drugs! Selling drug paraphernalia is illegal under state law if there is reason to know that the item will be used for taking drugs I State law also prohibits local governments from enacting a law that directly regulates the sale of To download model language fora drug paraphernalia 3 (also known as an ardinanrel, see ■ + + What is a tobacco retarder license? +rlwvr.€hangelabsoluilons.orgf to deter retailers from selling tobacco products to minors, nearly 100 California cities to3sacKa-cortYroll r4d►sctsi and counties have adopted strong tobacco Mai*r licensing laws.` This type of law LicQrasln$_ prdinance. requires all tobacco retailers to obtain a license to sell tobacco products, and it can he used to help local officials enforce all federal, state, and local laws relating to tobacco. When retailers illegally sell tobacco products to a minor they are not only violating state law and Federal law. they am also violating their local licenses The conseaupnee of violating the law against selling tobacco to minors is the suspension of the retailer's local tobacco license. What dots a tobacco rotailer license have to do with drug paraphernalia? Th sphow of rrM pipes was sizkm Stores that sell drug paraphernalia commonly sell cigarettes or other tobacco ar d Chopin products, and these retailers often claim that their drug paraphernalia is into fact 5cn FYarK&g Cafomie, tobacco paraphernalia_ A toNwzo retailer licensing law requires all retailers who _ - sel I any kind of tobacco paraphernalia to have a license, and local governments can 4 attach another condition to the license in order to protect local health, safety, and welfare: the retailer must comply with all state laws regarding drug paraphernalia, This condition must be included in the licensing law itself. . If compliance checks reveal that a miler is selling items that constitute drug paraphernalia-5ay, if a city agent purchases a "meth pipe' (used for smoking methamphetamine)—then the retailer is violating not only state law but also its local tobacco license, which can then he suspended or revolted. Enforcement proceedings happen the same way as if the retailer violated any other condition of the license— r , for example, by selling tobacco to a minor. Generally, a city will hold an administrative hearing and introduce evidence of the sale of the illegal meth pipe. This evidence ran take mar forms, but often the best evidence will be the item which was purchased. The retailer will have the opportunity to present evidence of its awn (probably daiming that the item is "tobacco paraphernalia' rather than illegal 'drug paraphernalia", and afterward the hearing officer will make a decision and impose a penalty, such as suspending the retailer's license for a certain number of days. If the retailer's 16oense is suspended tha% means the store cannot sell any tobacco products or paraphernalia during the suspension period. This will cost the stare substantial revenue from bath cigarette and paraphernalia sales. The prospect of a future suspension will discourage the retailer from choosing to sell drug paraphernalia again. �"` - '� �`'� '•�",�■ Why is the drug paraphernalia connac an important for tobacco control? Ft gives tobacco control advocates the opportunity to work with those fighting illegal substance abuse in their communities, Methamphetamine ometh) addiction, for example, is one of California's top drug problems, ruining lodes, generating crime and violence, and worsening other public health crises Eke HIV infection.¢ In some aaunties, the huge impact of meth has led to ATOD (Alcohol, Tobacco, and Other A+terlaarnphetarrtirre raddl l rt ;Drugs) coalitions and law enforcement agencies increasing their focus an meth at is one &CUM01nio's top drug the expense of tobacco. This enforcement mechanism provides a way to engage psoble s, t&hing hve4 generraring anti -drug coalitions in tobacco comrol work while contributing to the fight against crime and vioJer c and wonenin9 meth. vitro, public h lth crisex. ATOM coalitions and law enforcement agencies will see at least three benefits in supporting tobacco retail licensing: (1) law enforcement can stop paraphernalia sales locally through an administrative procedure to enforce the license requirement (and not have to go to coui t}; (2) the Fees associated with the license area revenue - generating opportunity for law enforcement to Fund compliance checks; and (3) since tobacco is a gateway drug that leads to youth addiction to other drugs! i6ning efforts to stem tobacco use well be mutually beneficial. Is th.ro public support for efts type of polio,? M. �f Two scientific surveys of voters in California commissioned by the American Lung 1 4 AssociaWn in California's Center for Tobacco Poiiry & Organizing (the Center) show that concern aboutsupport P the meth roblem can increase su rt for a local tobacco A retailer license. In April 2011, the Center commissioned a survey of California voters on different pol ides in the tobacco retail environment. The survey found that 66 percent of voters support a law prohi biting stases that sell meth pipes from also sel ling tobacco productO For full survey results, see www.uenter4tobaccopollcy,orgfpo8ing- rotsiler-pollcies. In addition, in March 2008, the Center commissioned a survey of rural and small town voters and found that 69 percent of Ywers would be more inclined to support a local tobacco retailer licensing law if it included a provision to prevent stores that sell meth pipes from obtaining a license. This included about half of voters who, earlier in the survey, were opposed to a local tobacco retailer license 4 The Center's xunrey also found that 88 percent of rural voters think that it should be a high 0ority of government to reduce teen use of meth, cam pared vvith 75 percent who think It should be a high priority for the government to reduce teen smoking :�O See www.center4tolbaccopolicy.orgIpoliing-rural for complete poll results. When refalka !lfhOly sd) toII mco pfmUcrs to am h7or rb ey are not only vWctbl q stole faw rind lrederM io W, they are also v1olarbv their loco; NcerrW f --ff f Now many communities how enacted this type of policy? As of J une 241Z eleven cities and counties (Fireba ugh, Grass Valley, Hunting#on Park, Montebello, Oakland, Padier, Richmond, Riverbank, Santa Crux Courity, Union City and Watsonville) have a drug paraphertlalia provision in their tobacco retailer I I€ensing law. To find out more about any of these provisions, see the Center's Matrix of Strong local Tobacco retailer Licensing Ordinances, available at wtww. canter4taba€cap olicyrorgilac a Ipolides-Ilcen sing. To view sample language to incorporate drug para pherna Ila restrictions into your tobacco retai�er licensing law, see out Plug-in to its Model Licensing Ordinance, available at wwwxhangelabsolutions.orglpubilcatlonslmadel TRIL Ordinente. For mare irnformallen an Modal language and hmjW issuer ChangeLab Solutions wwwxhangel sbselutimiLorg For more inforynafkin on campaign and policy issues: The Center for Tobacco Poficy & Organizing. � pr act atbe American Lung Assodation in California www.canter4taabacooprallryr.tirg Cal. i+eahh &Safety Coale H 113647,11014-5 Vffl -'Drug paraphernalia' includes the fdlnvring kern% TN5amtolslwinnmdeposs�+tivMfigrdc 'Cal.ltealtfl&SafetyCode §1136+4.Ti�12k Amd wl+d from Ae Cd9f0Wb Dga, 1MIoa of r Sm A & & Cattle Company, Jrrc. v. City of &candl kc 192 Cal. App. 3d 1032 €198a Ho aM undo rwirarr P00- r 1 raZ awwaLab Sril Emu fivrmi�rfy ae fW urldrrI huirrd.ddw Tedwin t.#�srs9mwhgdCm(TALO. Any r dvvY ccx to PM P or TALC in this Ahoufd MW ire awd& mI d m ref chang"5dtrrplorrs; - artlorK,j man}r others Carbsxetion tubes and drvfo� srtioldng and carburetion masks, roach dips {meaning objects used to hold burning irraterial, such as a rrraujuana c�ynAtte, th&t has 4400me toa srriall cx too short to be held ir1 ate har►dl. miniature sn[aine spoons, corvine vdals, chamber pipes, carhuretpr pipes, elect►k -- plprs, a#�rtuen pipes, thilums, 4origs, and ite pQes or d�illYr3. CJrang�obSekr#!dr►s Js d ne�r,o�iripr�r�yH4h fftOPI yldlSko�r1fOr TW02n OilAW116rtft*?$B p ds f ame health. The legal fnkWMdorrprovfd�d W this decun; ru does mt consecrate adyke orJoOreprewnw 9m.For reydaJi+lrr.renders Aaddtwrsuka fa MOn rheashdr. The Cerlre kv Teba= MkyA OW a project af1heAlmakanLwtg atkm' Calrfvrnia, hefpslamf�oetirignsrfv«ryttvgF . Cafcfvrrafc rne�rPdbQr **-dVe u�ay proreyt cammurriryargantnfRg sx+nsepiea, orsd 9s+'�ras snstMOR arsel Jncoi bobieaca paJkyresoue+cs TF eCenter forTob2=Polity&OrganiziMAme6urLungkaodatklilInCalifornlaTable ofStrongLocal Tobacco Retailer LicensingOrdinanre& June2012. A►+allable at wwwjmNer4lobacoo�poEgorg/C[PO/— fdes{ _ilellablP%2Gof%20TObaeco%20Ret e!r%Mcensiroo2oGrd} wKrs%241urre462i32O12.pdf. s 5emng tobacce products to a minor is a Ablation of CAkrria Penal Code section 308, and the STAKE AM as well as the federal Family SrnoWV Pmvention and Tobacco Control ArL 4 SiwCallfornl& Sodayof Addktion Wdfdne,rRacommmdot'om to improve{r2*ffkai nffpm7m to Mp hwrpho&rnine Available at www_esanrasanmYV dflrr4wiMeth_ftommedaftnia. ' Levine et al. ' akA cular Mechanism for a Gateway Dnig= Ep4anetic ChwiWs Impaled by Mccone Prime Gene Expression by Cocaine Seienae TmrrsJaoariof I4iN*dnP, 3= lUra109,T011_ a The Center forTobaeco Pdley&Organi,7jn4 American Lang Association in CaHlornis (eondurted ty Gar Simon strategic Research). Survey of Calfomia Voters Abort Policies in the Tobacco RffnO Envilmnment $wnmaryof Key Findings.Apd 2011-Available a1: wwwxe9er4tobaccopo1cy orgJCM0O _ file+,flleJS+nxnary9i.20r5196201Ce}�1G7QFf ndings9620.9620PoHcks9i20ir19b20tl1re4620Tr#at[o9�ti20f Iekai19620 Errvironn�errt.pdf. ° The Cerwer far Tobacco Polity& drgammng,American LungAsso4alfan in Callfnmb� (canducted by C,00tpwin Simon Serategk Resemdt . survey OfCatirfomia Huai and 5nmllTown Voters About Local Tokx o Retaaer UClYtisNOrdnances: Surrrrnaryd Key Fmdings. Marth 2110&Avallable at:vwiwxewer4tabaccuo- PoE1cY�ry1 6Pesl�Neslr�ural�o0�ummary_of F'a,�rrgs final-21-09.pdf °i7he Center for Tobacco Mky& OrganOngrAmevion Lung Association in Calif m4 (tondua[ed by A S�Jz CJrerlgeda Sa2ietlans Goodwin Simon Strategic Research). Survey ofCallfami& llaaal and SrrallTown Voters AbotA total Tobx= Ptwassf�iyAa� an+nare +rtta Retailer Licensing Ordinances: Survey Results, March 20M Available et; wwtiw 4enW4kba000pollcyzW_ 0mghru63d,uKns ANNfiled-pes{ituraWQDiirensing%205urvey%2OSute mde%2oWelghtedWOResuhspol. hangeL b Solutions Law & policy innovation for the common goad. Updated February 2019 (Originally issued September 1998) Developed by Changel-ab Solutions This material was made possible by funds received from Grant Number 14-10214 vwith the Califarnia Department of PUblio Health, California Tobacco Control Program. (D 2019 California Department of Public Health_ This material may not be reproduced or disseminated without prior written permission from the California Department of Public Health, C'hangeLab Solutions L4 a nanprpfet organization thatprovfaes legal iaformalion va raullers relating to public health. The legal ig/ormalion provided in lhls document does not convafuw legal advice or legal For legal advice, readers should cvnsall a lawyer in theirstate. www . cha ngeia bsciutions_orgiloba ccoquestion s hangeLabSolutions Table of Contents 1. Introduction and Report.........................,..............................3 Tobacco and Public Health.................................................................3 a. Tobacco -Related Disparities and Health Inequities.....................................4 b. State and Federal Laws Regulating the Tobacco Retail Environment ._...... 6 c. Local Policies Regulating the Tobacco Retail Environment ........................ 6 d. Menthol Cigarettes and Other Flavored Tobacco Products ........................ 7 e. Tobacco Product Pricing ....... ___ ...................... ............,,.,,...................... g i. Prohibit the Redemption of Discounts, Coupons, and Promotion s,...............10 ii. Establish a Minimum Package Size for Kittle Cigars and Cigars...................11 iii, Establish Minimum Price Floors for Tobacco Products................................11 f. Tobacco Retailer Location and Density.....................................................12 g, Types of Retaiters and ❑elivery...........................................•1....................14 Comprehensive Tobacco Retailer Licensing Model Ordinance ......... 16 Additional Considerations...................................................... .17 Conclusion........................................................................ ....10 Optional Plug-in Provisions...............................................................20 Questions?......................................................... ...20 2. Model Ordinance Provisions ................................................... 21 3. Appendix : Findings.............................................................53 4. References.............................................................................. 59 Comprehensive Tobacco Refaifer Licensing: Table of Cori tents www.changelabvolutiona.org CAlangal-ab Introduction and Report ChangeLab Solutions developed this Comprehensive Tobacco Retailer Licensing Ordinance ("Model Ordinance" or "Ordinance") to assist California cities and counties interested in establishing of Weagthening a local tobacco retailer licensing ("TRU) program and further regulating the tobacco retail envh-onment. Communities have adopted TRL laws to ensure compliance with local business standards, reduce ycarh access to tobacco products, lira t the negative public health and equity effects associated with tobacco use, and enforce to W, state, and federal tobacco control laws. This Model Ordinance (revised February 2019) takes a comprehensive approach to regulating :be sale of tobacco products and the tobacco retail environment. This revised Model Ordinance builds on care provisions such as requiring a local tobacco retailer license by incorporating many of the innovative policies previously maintained as separate "Phig-in" policy options. It also reflects recent changes to state and federal tobacco control laws such as Tobacco 21 and the federal Food and Drug Administration's ("FDA" � Deeming Rule blot expanded the FDA's regulatory authority to all tobacco products. The Model Ordinance offers cities and counties a variety of options to tailor this policy to meet the needs of their communities.' Section H contains additional information about revisions to this Model Ordinance. In some instances, blanks (eg, [ ] ) prompt you to customize the lanpage to fit your comma ity's needs. In other cases, the ordinance offers you a choice of options (eg, [ choice one ! I ). Some of the options are followed by a comment that describes the legal provisions in more detail. Some degree of customization is always necessary to make sure that the ordinance is consistent with a community's existing laws. Your city attorney or county counsel will likely be the hest person to check this for you. This Introduction and Report section summarizes our nonpartisan analysis and study of the public health problem surrounding tobacco use. It also provides a rationale for regulations on the sale of tobacco products as one possible policy intervention. It is intended for broad distribution to the public for the purpose of education and dissemination of inforntatiota. Our presentation of this Model Ordinance, including this Introduction and Report, is based on our independent and objective analysis of the relevant law, evidence, and available data, and should enable readers to drain their own opinions and conclusions about the merits of this Model Ordinance. Readers should consider all the evidence and decide for themselves which approach is appropriate for their local jurisdiction_ L Tobacco and Public~ Health Tobacco use remains a significant public health problem and impediment to health equity in California and the United States_ Each year, tobacco -related diseases cause the deaths of approximately 40,000 Californians' and nearly halfa million individuals in the United States, malting This Mode! Crdit ice uses "community" as shorthand fox a group of people who will be impacted. either directly -Gr ind re dy_ by a p mposed chmgemaking strategy. People in a conuumity (1) are in a particular geogmphic area, like a neighborhood or�iri idictiou, andlor (-} share a conumn identity or chaxactenstic. ChangeLab,.;.-: , tobacco use the nation's leading cause of preventable death. For decades, governments at time federal, state, and local levels have advanced various policies intended to address this significant public health crisis. Under the 2009 federal Family SnmG"ig Prevention and Tobacco Control Act ("Tobacco Control Act"), the FDA regulates the maurafacture, marketing, and distri€xution of tobacco products.' States and local gvvetntrments have developed educational programs quid media campaigns on the risks of tobacco use, offered resources to help tobacco users quit, increased excise taxes on cigarettes and other tobacco products, and adopted restrictions on time sale and use of tobacco products. Although these policies have reduced the use of tobacco products, recent estimates suggest that 441,000 Californians under 18 today will die from tobacco -related diseases,' a. Tobacco -Related Oispa nfA s and Health Inequities California has made Lremtmdous progress in reducing stroking rates and associated harms_¢ But these gains have not been uniformly distributed across the population_ Many undersetved con►munities" continue to dispraportionately bear the burden of tobacco -related barxxm,s exacerbated by decades of pernicious iargetiug by the tobacco industry." People of Color: Tobacco use rates are sigma mdy greater among many racial and ethnic populations_ For example_ a 2014-2.015 California survey found that 29.5% of afl Native American and Alaska Native adults and nearly half (46.5%) of low-income Native American and Alaska Native adults reparted smoking.? Almost 18% of all Black and African American adults in California smoke, including nearly 1 in 4 (24.4%) low-income Black or African American adults_? Despite decreases in overall smoking prevalence, smoking prevalence among California's Native American. Alaska Native, and Black popurlatioDs increased between the 2009 and 2014-2015 California Health Wommation Surveys Tobacco use also differs significantly among other racial and ethnic populations 13.4% of Whites, 11,1 P-a of Hispanics, and 9,9% of Asian, Native Hawaiian, or Pacific Islanders reported smoking in 2014-2015, and within specific subpopulaiions, 27_9 o of Vietnamese males and nearly 1 in 4 (24.3° o) Korean males reported stroking, for "ample! Low -Income Populations: S mmokiug rates among low-income populations are also higher. '+ Nearly 17% of California adults with incomes below the federal poverty level ("FPL'"] smoke compared with 14.4% of adults with incomes between 100% aW 184°10 FPL, 140/0 for those with incomes between 185% and 2990/a FPL, and 9.5% for those with incomes of 300% FPL or higher.' Low - "This Model Onfin mee uses the term `�undersery communities" to refer to those communities that are more likely to experience greaser health inequities, Political u}arginalication, and disinvestment. Examples of tmdersaved couununities include people of color. low-income communities, LGBTQ+ cnaimimitieii_ persons with tueatal hearth nee& and nmml communities. For more inforrnat on aho:rt the drivers of these inequities, see the California 14e4th in ALI Policies Task Force's Equity in Government Practices Action Ptah, aradable al htiy:flsec.ca.gove2mg amslhiay?daes12418024t-HiAP Equity in Govemment Practices Actiaa Plan 2018- 2020. ChangeLaa Solutions mcoine communities are also targeted with cheaper cigarettes and flavored Little cigars, vid they experience the highest density of tobacco retailers,' LGBTQ{ Populations: In 2013-2014, nearly a quarter (240,a) of California's lesbian, gay, and bisexual population used any tobacco product (eg, cigarettes, electronic smoking devices, other tobacco products) and 19.1% reported smoking cigarettes. In contrast, itt 2013-2014, the general population reported significantly lower rates of any tobacco use (17.4%) and cigarette smoking (l2.4%).9 Rural Populations: Rnral counties in California have same of the highest stroking rates-9 Rtual communities also report a lower proportion of smokers who try to quit within the last year than the general population and have a lower proponion of residents protected by a strong TRL law 9 Populations with Mental Health Needs: persons with mental health needs have the second highest smoking and tobacco use rates in California at 2 7, 1 °;o and 24.2% respectively.' Moreover, fewer smokers with mental health e198"s U98 PMV@NWCf i.rrr. need have tried to quit I_ smoking wtthut the last year.' ,00w - s26% wT 54 _ 7a a� r •w Becatise the harms associated IL with tobacco use fall i 175%_ "PIS disproportiouately on these i m00% underserved popuistions, they [ atrfornia Adutl Smoking Pressfrnee, 20I1 012 may also expeneace givater t'59u"r; ( Airgrusa Heatfl: gilt4r i" stir r�, 1011-2012) benefits from policy interventions that reduce tobacco consumption_ For more information on tobacco -related health inequities, visit A Story oflnerluity al bptR YAobaccofreeca-comistory-of- ine tri ,- .1. CChangeLab b. State and FedmlLaws Re ula&W the rb&cco Retail Enwronment The CaUmmia Cigarette and Tobacco Products Licensing Act of 2003 ("CTPLA-) established a statewide licensing progranx that required tobacco retailers, among others, to obtain a license from the State of California.10 The CTPLA focuses on decreasing tobacco product tax evasion I I —not protecting public healthand provides no funding to support enforcement activities by local governmzents. Importantly, the CTPLA and other state laws do not preempt or RTersede local tobacco control laws (except local tobacco taxes),' meardng that total jurisdictions can enact TRL and other laws that focus on protecting public health by, for example, providing for the suspension or revocation of a tobacco retailer license for illegal sales to underage individuals. I � Other state and federal laws also regulate various aspects related to the retail sale of tobacco products. California Penal Code 308, for example, prohibits the selling, giving, or furnishing of tobacco products and tobacco paraphernalia to most individuals under the age of 2 L" The Stop Tobacco Access to Kids Enforcement Act ("STAKE Act" also prohibits tobacco sales to most individuals under the age of 21, restricts tobacco self-service displays and vending machine sales, and requires retailers to post signs at the point of sale about illegal underage tobacco sales.45 At the federal level, cigarettes must be sold in packages of at least 20,1" and the FDA requires retailers to check the identification of anyone purcbasft tobacco products under the age of 27." Nevertheless. significant regulatory gaps remain and youth continue to access cigarettes and other tobacco products.' Local governments may choose to take action to address these gaps by enacting tobacco control policies to further protect public health and advance health equity. C Local P21vff Regulating the Tobacco ReMd Ehwrwment Dearly 200 Catlifomia cities and counties have adopted TRL ordinances. 'a More than 100 of these ordinances meet criteria set by the American Ltmg Association in California's Center for Tobacco Policy and Organising C The Center") for TRL best practices- (1) All tobacco retailers are required to obtain a License and renew it annually. (2) The license fee is sufficient to fund the effective administration and enforcement of the licensing program, including compliance checks- (3) A violation of any local, state, or federal tobacco control law constitutes a violation of the local license. (4) Penalties for violations include fines and license suspension and revocation." Cities and cotmties have also taken action to fiirther regulate the tobacco retail environment by, for example, prohibiting retailers from locating near schools, reducing the density of tobacco retailers. prohibiting tobacco safes in pharmacies, requiring a miabiaum package size for little cigars and cigars, and resuicling the sale of flavored tobacco pa ducts, including menthol," Most of these Comprehens.ve Tobacco Pe aj,er-Ucer.5m Wrodvefrob` a ChangeL.ab's, , , . ,r communities enforce these policies through their 1ncal TRL ordinance," ttn&ncoring the critical fottttdation that TRL laws provide for further regulation of the tobacco retail environment. Evidence suggests that these policies are effective and may reduce tobacco -related health inequities by countering the tobacco indusny's predatory targeting of underserved communities_ For example, communities with strong enforcement provisions in their TRL ordinances have significantly lower rates of illegal tobacco sales to youth.2' And one study found that the odds of daily stroking were reduced by 211fo for each 1°o increase in merchant compliance with youth access laws. The following sections address the €ationale and evidence base for specific policies in greater detail_ d. Menthol Cea,•ettes and Other Avrvmd Tobacco Products The 2W9 Tobacco Control Act banned flavored ciprenes.1 However, the law exempts menthol cigarettes and does aot restrict flavored nou-cigarette tobacco products, such as smokeless tobacco and electronic smoking devices. Moreover. California doesn't have any state laws that regulate the sale of menthol cigarettes or flavored non -cigarette tobacco products_ Flavored tobacco products are considered "starter" products that help establish long -terra tobacco use. and they are particularly appealing to youth and young adults.' These products also pose significant bamers to achieving health equity. ThaL"— to tobacco companies' marketing efforts, youth, communities of color, low-income populations, and members of LGBT'Q� communities are significantly more likely to use flavored tobacco products, particularly menthol cigarettes, and disproportionately bear the burden of tobacco -related h Menthol cigarettes are of particular concern because despite decreases in overall cigarette use, the proportion of cigarette smokers who use menthol cigarettes continues to rise,¢ Tobacco companies add menthol to their products because the crisp, minty flavor masks the natural harshness and taste of tobacco, making the products milder and therefore easier to use and more appealing, to youth and new users.25-26 Smoldmg mentbol cigarettes is also associated with being more likely to use cigars�4 and reduced likelihood of successfuliy quitting smoking.�?-a Moreover. menthol cigarettes present significant equity concems. The tobacco industry has a well - documented history of developing and marketing menthol tobacco products to underserved coauuunities, hicluding communities of color and youth_' Comprehensive scientific reviews by the FDA Tobacco Products Scientific Advisory Couuninee {TPSAQ found that the marketing of menthol cigarettes likely increases the prevalence of smoking among the entire U.S. population, especially among youth, African Americans, and possibly Hispanic and Latino popular MS?1IX These groups, as well as members of LGATQ+ communities and young adults with mental health conditions, bear the greatest buurden of menthol cigarette use.34?9.30 0 ChangeLaboiutions Use of Menthol Cigarettes Among Past 30-Day Smokers in the USA, 2012-201424 100% 12 84_6% Y E 80% cc m en 60�6 46.91l0 46.7% U 38.1 % 36.0% a� F� 2D% a, O° 0% Non -Hispanic Hispanic Non -Hispanic Non-HIspanlc lion -Hispanic Non -Hispanic �L Black Qlher NAUllwacial Asian Caucasian Race+ thnlcity Tobacco companies have also developed other flavored tobacco products tbat have the same youth - friendly characteristics as banned flavored cigarettes_ For example, many of the cigar brands that are poptdar among teens are available in flavors such as apple, chocolate, grape, and peach.22 Smokeless tobacco products, including chewing tobacco, snub', and snus, also come in flavors such as mint, wintergreen, berry, cherry, and apple.' Hookah tobacco (shisha) is available in an array of Wt, herbal, and alcoholic beverage flavors, and there is a strong and false —perception amotrg yoimg people that smoking hookah is safer than srnoldug cigarettes.1 Nicotine solutions, whieli are also known as e-ligvads and are used with e-cigarettes, are sold in dozens of flavors that are attractive to youth, such as cotton candor and bubble gum." In fact. among middle and high school e-cigarette users, the availability of flavors was the second most common reason for using the produc t (31 ° ).3' Like menthol, these flavorings help mask the naturally harsh taste of tobacco, making it easier for young people to start and continue using tobacco products.` C'onsurupdon of flavored tobacco products has prawn in recent years. Between 3995 and 2008, sales of little cigars increased by 316%." Between 2008 and 2015, sales of flavored cigars increased by nearly 5(r,6 and in 2015, made up mate than half of all cigar sales.3 36 A 2013-2014 survey found that " 8U.8 percent of 12-17 year olds who had ever used a tobacco product initiated tobacco u_se with a flavored product."""' In 2014, nearly two-thirds of U.S. middle school and high school cigar smokers reported using flavored cigars, and more than 1.5 million students reported rasing a flavored e-cigarette within the past 30 days.39 Moreover, a 2013-2014 survey found higher rates of flavored cigar rase among ttnderserved populations, including "cigar smokers with lower income. with less education and those who were lesbian, gay or bisexual." Change Lab Solutions Young people, people of color, low-income populations, and L BTQ+ communities are much more likely to use menthol-, candy-, and filrit-flavored tobacco products_ These products are considered `.starter" products that help establish long-term tobacco use, Menthol cigarettes in particular pose a significant barrier to achieving health equity given the disproportionate use and related burden among tmderserved communities. Policy interventions designed to regulate products that get people hooked on tobacco, such as restrictions on the sale of flavored tobacco products, can directly address the public health and equity consequences associated with vubacco use. a. 7'O&C p Prod xt Pir&Ytw The link between the price of tobacco products and consumption is well established, especially among youth.222-41-46 When tobacco products cost more, fewer people use tobacco because fewer start and moue quit''`-46 rn fact, it is estitltated that a 200% price increase on a pack of cigar'ertes reduces demand by 10.40%, decreases the prevalence of adult tobacco use by 3-60/0, and decreases initiation of'tobacco use among young people by 8.6%,42 There is also sufficient evidence that increases in the prYce of non -cigarette tobacco products reduces consumption for those products and that unequal price increases across products can lead to substitution fY'om one product to another 47.49 Excise taxes are one of the most common methods to increase the price of tobacco products and raise revenue while also realizing the public health benefits associated with such increases such as decreased consumption.' The federal government, all 50 states, and Washington, D.C.. currently impost excise taxes on cigarettes.5° Many jurisdictions also tax other tobacco products." However, California state law preempts (ie, prohibits) cities and counties from imposing additional taxes on tobacco products-52 The tobacco industry also spends millions of dollars each year to heavily promote and strategically price thee- products, often to counteract cigarette and other tobacco product tax increases,5" Indeed, in 2016, despite a decrease in the number of cigarettes sold from 2015 by 3.7 billion units, the amount the tobacco indasuy spent on cigarette advertising and promotion increased from $8.3 billion to over $8-7 billion_S4 of that amount, the industry spent $380 asillion on coupons for consumers and another almost ST9 billion on price discounts and promotional allowances for retailers and wholesalers.' This includes off -invoice discounts, "buy downs,,, „toaster type" programs,' voluntary lsrice -t'eductions, volume Debates, value-added services, and incentive payments_54 And their effbits result in price -discounted sales accounting for a substantial proportion of all tobacco sales.55 91 A "buy down" is a teimbu scmcnt program that allows remiien to provide rustomm an iiwacd6te price reduction on certai,t brands for a specific pwriod of time, cg, 50 ¢cots off each pact{ of Maribm%o cigarettes sold front the store'- invstory fol 30 days - The eamumcr gds an instant price reduction &A at tht cnd of the inccativc pcnod, the onaouiacWm rciotburses the retailer for the price mdu nom on the cigarmcs sold at the reimbursed price. '° A "trmstQ type' prograwt is a prvmotroaal program sponsored by the ttxattufacturer attd adminisicrad through a cigaretic wholcw kr. The wholcsakr agrees to psy the rewder a r6bste and is 1ntm reimbursed by the man11 cnurer. The wh*1"aier tttay also be paid a fee to administer the program. The payments are not deducted from the mmufachua'S list price shovhu vo the invoice finrn the maaufactum but arc paid or ur&ted ,,L r tcly after the sale to the reiaikr (W) ChangeLab Solutions Evidence suggests that tobacco companies deliberately target youth and imdeiserved communities with price discounts and coupons,"a.s-ss undermining the effects oftax increases ort youth smoking initiaaun, especially among youth aged 34 to 17 years."-' Tobacco industry price reduction strategies also appeal to adult tobacco users, with nearly 20 ram of adult cigarette smokers using coupons and other price discounts to purchase cigmnes,`i° Other studies have found that more than half of U.S. adult cigarette smokers use price mirrimixation strategies.61 Non -tax policy i_uterventious can counter these industry price -discounting strategies and have the porential to produce signifiicaut public health and equity benefits. For example, one study estimated the number of smokers would decrease by more the 13% if price discounts were prohibited across the couatiy.5) Another study modeling the potential effects of a nationwide ruinirnurn price for cigarettes found that "a $1 Q minkmim price could reduce sales by over S billion packs per year and induce cessation by over 10 million smokers_" Examples of uou-tax policy interventions to address tobacco product pricing include (1) prohibiting the redemption of tobacco product discounts, coupons, and promotions; (2) establishing a minimum package size for little cigars and cigars; and (3) establishing rainimum prices (ie, price floors) for tobacco products such m cigarettes, little cigars, and cigars, Prohibtt the Redemption of Tobacco product Discounts, Coupons, and Promotions Prohibiting the redemption of tobacco product discounts, coupons, and promotions presents one strategy for addressing tobacco product pricing. For example, this policy could prohibit retailers from accepting coupons allowing the purchase of tobacco products below a base price, selling tobacco products via any type of discount or promotion that drops the price below at base price, and giving away anything for free or at a discount with the purchase of any tobacco product. The purpose of this policy option is to prohibit pt3ce disainiLination' and increase the cost of low-cost tobacco products. A uniform pricing policy (ie, a prohibition on price discrimination) diminishes the tobacco industry's ability to capture whore price -sensitive consumers, including youth and lower -income individuals_ 'Phis approach is most likely to impact the behavior of populations panicularly affected by price increases and may not have as significant an impact on bigher-income individuals wbo may not rely on coupons or discounts. The California state law prohibiting those engaged in the sale or distribution of cigarettes or smokeless tobacco from distributing coupons to obtain those products for free or a nominal cost applies only to certain locations, includes several exemptions, and does not address other tobacco products like cigwts and electronic smoking devices." Given these limitations and the state la 's focus on coupon dfsnibutiopr, more recent policies have taken a different approach, , price dlgtT Hdoa is a Method by which. Mmufacnavn and reWas draw in mare consumers by sclting the sank pradnct at diffemat prices to diffcrml cunsunx s. Pike dscr;rninatim alk ws retailers to capmt salts €tom coniMM at a reStdar puce ~shout losing sales from more price -sensitive constmmers. I C hangeLabSolutions Local governments in Oakland, California: Providence, Rhode Islam; New York City, New York; and Chicago, Illinois have laws that prohibit coupon redemption attd tobacco discotmts ' Foctrsiug on the redemption of coupons rather than their distribupon provides a more comprehensive approach ro eliminating tobacco industry price discotwting schemes and may help communities avoid legal challenges. These laws, howe�Tr, reference a base price (defined in this Model Ordinance as "Full Retail Price") that, without a minirruturu price provision in place, could still be manipulated- -Nonetheless, these laws present a valuable policy option for Iucreasing die cost of tobacco products, and multiple federal courts have upheld the authority for local governments to enact such policies." " ii. Establish a Mirtimum Package Size for Little Cigars and Cigars Federal law requires that cigarettes be sold in packages containing at least 20 cigarettes,70 but tbere are no minimum package size requirements for other tobacco products_ This is especially concerning given the rising popularity of little cigars and cigars. From 1995 to 2009, annual sales of cigarillos increased by 255%. and sales of little cigars increased by 316°1a.35 Additionally, while federal law pfohibits the sale of most flavored cigarettes and individual cigarettes, these types of sales are not prohibited for other tobacco products. Thtts, many retailers currently sell flavored cigars, little cigars. and cigarillos individually, making there more affordable to youth." Requiring little cigars and cigars to be sold in packs of a certain size raises the m erall cost to purchase these products, even if the price per little cigar or cigar does not change. Increasing the amount of tobacco products purchased in a single nusaction may seem counterintuitive, but raising the cost barrier is expected to improve public health and protect price -sensitive youth 2',a5 However, minimum package size requirements are most effective when paired with minimum price policies. iii, Establish Minimum Price Floors for Tobacco Products Neither CaliforWa state nor federal law establishes a wiuimum price for tobacco products, resulting in 8411-0 of assessed licensed tobacco retailers across California in 2013 selling cigarettes for less than $5 and 74% of stores selling a Swisher Sweet cigarillo for less than 51.72The same sturdy found that "The cheapest [cigarette] pack price was significantly lower in [communities] with higher proportions of African American and Hispanic residents, in neighborhoods with higher proportions of school -age youth and young adults, and in neighborhoods wilh lower nxedian household income."_�2 Establishing a minimum price floor is one way to address these disparities. At least 25 states (including DQ have enacted minimum markup and related laws, but these laws have historically focused on prohibiting unfair competition rather than protecting public health and typically require a minim inn percentage markup to be added to the wholesale attdlor retail price." These minimum markup laws rewain vulnerable to price manipulation by the tobacco industry33 and may be more difficult for local jurisdictions to enforce, Ctlanc)eLab , Local jurisdictions can take a different approach by establishing a minimum price floor for the We of certain tobacco products (eg, cigarettes, little cigars, and cigars). For example, a local jurisdiction can specify that cigarettes and little cigars roust not be sold for less than $7. Miniirnm price floors have become increasingly popular, and New York City recently became the first jurisdiction to enact price floors for many non -cigarette tobacco products such as smokeless tobacco, snus, loose tobacco, and tobacco -containing hookah shisha.¢1 A number of Imal California jurisdictions have enacted similar policies, setting a floor price for cigarettes,'4.7$ little cigars, and cigars'176 with at least one also establishing minimum prices for other tobacco products_75 Recause these types of policies are relatively new, only limited research is available on their effects. However, preliminary evidence suggests that establishing a minimmm price for tobacco products is a promising strategy to reduce to$acca use and tobacco -related health disparities.`79 f, Tobwcw Ret'aikrLocation and Density In 2012, there were approximately 36,700 licensed tobacco retailers in California_w Where tobacco retailers are located, the total ounaber of tobacco retailers and the concentration of tobacco retailers in particular communities affect the availability of tobacco products and exposure to tobacco advertising and marketing, all of which affect tobacco use rates. A greater availability of tobacco products is associated with both youth and adult smoking,at.$x evert when other neighborhood factors are taken into considerations' Tobacco retailer location and density also heavily contribute to social inequities as retailers are more prevalent in lower -income areas84•&5 and communities in which a greater percentage of residents identify as African American" 85 or IhSpauic,8' which perpetuates disparities in tobacco me and associated negative health effects. Reducing the availability of tobacco products by regulating the location and density of tobacco retailers is expected to improve public health and health equity, Local governments set density and location restrictions for a variety of buildings and uses based un their community plans and development goals. Land use tools such as zoning ordinances and conditional use permits arecommon for such restrictions. With respect to tobacco retailers, communities are increasingly using TRL to achieve similar restilts while providing for more robust enforcement of both the density and location restrictions as well as other tobacco control laws. ChaageLab Solutions' resource Licensing &. ning: Tools for Public He Ith includes additional information on the differences between licensing and zoning, including the benefits and drawbacks to each approach_ Communities can take a variety of approaches to regulate where tobacco retailers may locate and can limit the number of available tobacco retailer licenses_ The right approach for a particular community will depend on the existing landscape of tobacco retailer locations, population demographics, a conununity's current land use practices, and other policy adoption, implementation, and enforcement II ChangeLab5olutions considerations. The following sections provide examples of potential strategics for regulating the location and density of tobacco retailers, as well as the evidence base for each strategy. Restrict 'Tobacco Retailers bear Residential and Youth Areas Research shows that childrtn are more likely to experiment with, and use, tobacco products when tobacco retailers are located near homes-'," Studies have also found positive associations between student smoking and the number and demity of tobacco retailers near schools`" Tobacco retailers near schools with high sruoking rates have also bar shown to have lower cigarette prices and more in-store promotous_4° Adult smoking rates are also positively associated with higher tobacco retailer density near their home,9' and individuals with mental health needs may also he particularly vulnerable.' Living near tobacco retailers also appears to negatively affect the ability far smokers to quit smoking." Given this evidence, restricting tobacco sales within residential zones and within certain distances from areas where }youth often gather such as schools, playgrounds, libraries, and child care centers may help reduce both youth and adult smoking rates. Various studies that have mapped the lucalioa of tobacco retailers have shown that communities unities can eliminate a substantial amount of tobacco product access and expostue by creating, for example, a 1,0004 of buffer zone around schools_94 ii. Regulate the Proximity of TGbacco Retailers to Other Tobacco Retailers and Cannabis Retailers In addition to its effects on youth tobacco use, excessive tobacco retailer density may exacerbate disparities in tobacco nse and tobacco -related harm. Evidence consistently demonstrates that high tobacco retailer density in lower -income neighborhoods is associated with greater access to tobacco s3.sa More recent research has also linked high tobacco retailer density to lower life expectancy, underscoring the importance of policies that reduce tobacco retailer density to advancing more egiutable public health outcomes_" Research has also found social inequities in the locations and density of alcohol outlets and medical cannabis dispensaries, with these outlets and dispensaries disproportionately located in trnderserved communities." Market conditions resulting from the concentration of tobacco retailers in a particular geographic area may also impact community health. For example, competition among retailers can lead to special promotions such as sales or discounts that drive additional demand and increase smoking by youth. who are particularly sensitive to the cost of tobacco products.44-45-98 Regulating how closely tobacco retailers may locate near other tobacco retailers and cannabis retailers is one strategy for addressing the overconcentraaon of these businesses in particular communities. For example, a community can prohibit new tobacco retailers from operating withiu GharlgeLab S Tito ions 500 feet of an existing tobacco retailer, which would limit increases in density and potentiaRy even reduce density through; attntiou as existing retailers close or relocate. lii. Urnit the Number of Tobacco Retailer Licenses Available Communities looking to address tobacco retailer density may also consider limiting the number of available tobacco retailer licenses. This approach is common in the alcohol context. whereit is scientifically accepted that Limiting alcohol outlet density will lead to less underage drin1dug, excessive drinking, and alcohol -related harm.' California state law limits the number of retailers in a city or county that may sell alcohol for consumption off premises to one license per 2,500 inbabitants_t00 State law does not include any similar restrictions for tobacco retailers, but cities and counties can adopt local laws limiting the number of available tobacco retailer licenses. Importautly, with tobacco retailer density often being highest in underserved communifies,s4-ta1.ta3 a single limit on the number of licenses using the overall population size or even capping the total number of licenses to be issued will not necessarily prevent stares from clustering in certain areas. Instead, a combination of strategies or wore localized limitations are necessary. For example, San Francisco's density reduction ordinance, which went into effect in 2015, combines multiple strategies to address excessive tobacco retailer density in many tmderserved communities. It establishes a capon the total number of tobacco retailer licenses (45) for each dlismct within the city. Significant disparities in the number of licensed tobacco retailers in each district existed when the city adopted the policy, ranging from 37 licensed retailers in a district with a median household income of over $94,000 to 180 licensed retailers in a district whose median income was just below $37.500. Given these preexisting disparities, the added geographical element to San Francisco's density reduction policy has and is expected to continue to reduce tobacco retailer density most significantly in those districts disproportionately affected by an overconcentration of tobacco retailers,104 B, rye of Retailers and Delivery Restricting the types of businesses eligible for tobacco retailer licenses and requiring ou-site sales of tobacco products are additional approaches to reduce the availability and accessibility of tobacco products_ iProh!bitTobaoeo Sales in Pharmacies and Other Health ;Facilities In 2015, 14.3% of tobacco retailers in the country had a pharmacy counter.105 This was despite CVS, one of the largest pharmacy chains in the country, voluu ably stopping selling tobacco products and more than half of state attotmeys general encouraging five of the nation's largest retail pharmacies to cease selling tobacco products in their stores,106 ChangeLab . :. . b] Sales of hatxufid tobacco products in pharmacies and other health -promoting organizations like hospitals and behavioral health facilities present an inberent conflict of interest and send mixed messages about the health risks posed by tobacco. Notably, research has also found that cigarettes are significantly cheaper in pharmacies despite other common consumer goods such as battled water costing more in pbarcies than in other stores.'o7 Thus, prohibiting tobacco sales in pharmacies and other health -promoting organizations not only decreases the availability of tobacco products, but also removes a source of discounted cigarettes_ Communities that have adopted policies prohibiting tobacco sales in pharmacies have seen up Io three Limes greater redaction in tobacco retailer density cornpated with communities that have not adopted such policies.S01' Additional evidence from the nationwide CVS policy change also showed that cigarette purchases declined and that smokers who had previously purchased their cigarettes exclusively at CVS were up to twice as likely to stop buying cigarettes entirely_ 109 Prohibit Mobile Tobacco Product Sales and Delivery The California Department of Tax and Fee Administration has interpreted state law, the CTPLA, as prohibiting the licensuure of mobile tobacco vendors_'' Prohibiting mobile sales ensures that enforcement agencies can conduct regular compliance checks at a tobacco retailer's permanent place of business_ If a retailer sells tobacco products Kom a vehicle or on tout, it is difficult to coaduct decoy operations or other inspections, since the retailer doesn't rentain in the same location on a consistent Wsis. The STAKE Act places restrictions on mail order and internet sales of tobacco products, including electronic smoidag devices, but exempts the U.S. Postal Service and other common carriers froth penalties wren they deliver a package without any reason for knowing the package's conteut_` The federal Prevent All Cigarette Trafficking Act af2009 ("PACT Act") also places restrictions on mail order and interne( sales of cigarettes and swokeless tobacco but exempts other tobacco products, does not clearly address delivery carriers, and limits state and local authority to fill in the gaps."' Additionally, while the Tobacco Control Act directed the FDA to issue regalallons on mail order{interner sales of tobacco products,'" given the PACT Act's passage, the FDA has not yet issued those regulations."" Finally, portions of the PACT Act and other states' efforts to regulate intemet tobacco sales have faced legal challenges, leaving much uncertainty about how to proceed at all levels ofpolicymaking and enforcement on this issue. Still, mail order and internet sales and delivery of tobacco products, especially electronic smoking devices, remain problematic.'"-"' Local governments can take some limited steps by prohibiting retailers within their jurisdiction. from setFmg products except at the licensed place of business (ie, strictly requiring, on -site sales of tobacco products). IFA 0 hangeLabSolutions q. Comprehensive Tobacco Retailer Licensing Model Ordinance This version of the Model Ordinance (revised in Febivary 2019) includes five major revisions: (1) Incorpor-aates "plug-in" policies: The prior version of the Model Ordinance included only core provisions related to TRL, such as requiring an annual license to sell tobacco products: establishing a license fee sufficient to corner implementation and enforcement costs: specifying that it is a violation of a license to violate any local, state. or federal tobacco control law; and establishing meaningful penalties for violadons including license suspension or revocation. As more conmiruities throughout California have adopted TRI., it has become evident that a more comprehensive approach to regulating the tobacco retail ervironmew is necessary to further reduce tobacco -related harm and inequities_ This version of the Model Ordinance reflects this by incorporating certain "plug-in" policies with well -established evidence bases. This includes prohibiting the We of menthol cigarettes and anther flavored tobacco products, requiring minimurn package sizes and prices for certain tobacco products, prohibiting tobacco retailers from locating near youth -populated areas or in pharmacies. and regulating the density of tobacco retailers. {2) Updated the definition of Tobacco Product. This version of the Model Ordinance includes an updated definition of Tobacco Product_ The revised tobacco product definition (1) incorporates the previously separate definition of electronic smoking device. (2) specifies that components, parts, and accessories qualify as tobacco products if they are intended or reasonably expected to be used with a Tobacco ftoduct; and (3) clarifies the exemption for products approved by the FDA for medical use- (3) Alignment with new state and federsd lases. In 2016, the state of California enacted several new tobacco control laws, including raising the minimum legal sales age for tobacco products to 21. Also in 2016, the FDA exercised its authority under the Tobacco Control Act to regulate all tobacco products, including electronic smoking devices. This version of the Model Ordinance makes various technical amendments to conform to these changes in the state and federal tobacco control regulatory landscape. (4) Regnir-e on -site sales: Both California state law and previous versions of this Model Ordinance prohibit mobile tobacco vending. Nevertheless, the online sale and delivery of tobacco products to underage youth continues to present challenges for jurisdictions seeking to enforce youth access laws. This version of the Model Ordinance takes an additional step to address this issue by limiting the sale and delivery of tobacco products and tobacco paraphernalia within a jurisdiction to locations with a valid tobacco retailer license_ It also prohibits a tobacco retailer from knowingly or recklessly selling tobacco products or tobacco paraphernalia to any person who intends to deliver those products to a consumer at a non- 07 T;F r S,M . ob Cc0 a a! r L,censm Frrradijct on CChangeL.abSuutions licensed location, such as a courier service delivering a tobacco product to a consumer's residence, (5) Youth purchase, use, and possession penalties: This version of the Model Ordinance clarifies that it does not penalize underage youth who purchase, use, or possess tobacco products or tobacco paraphernalia. Rather, the Model Ordiwwce penalizes only tobacco retailers who sell tobacco products or tobacco paraphermalia to individuals under 21 years old_ A comment on pages 43 and " provides additional information on why penalizing the purchase, use, and possessiou of tobacco products by underage youth is not au evidence - based strategy and bow such penalties may contribute to health inequities. III. Additional Considerations Polieies that regrlate the sale of tobacco products can raise tensions between the government's duty to protect individual liberty and its duty to promole and protect public health and well-being, Goveniment efforts to regulate any product or industry are often met with resistance and asser rions that the market should be allowed to operate free of govenumni iattusion. This stems from the theory that free markets are most effective and govermnem intervention creates inefficiencies. Larne question whether it is appropriate for govern sent to discourage the use of a le,gai product by devising a regulatory scheme with the specific intent of decreasing sales. But the government does this in many industries. For example, liquor taxes discourage alcohol consumption., grocery bag fees discourage the purchase of disposable plastic bags, and public transit subsidies encourage transit use. The issue then may be one of degree, The extent to which government seeks to curb tobacco sales may seem excessive compared with other goods and services, but tobacco is unique: There are significant public health risks catcsed directly by tobacco use. Indeed, tobacco is the only legal consumer product that is deadly when used as intended.'-"-" Moreover, while tobacco industry representatives and retailer associations have argued that there arc already laws that prohibit the sale of tobacco products to youth, young People continue to buy and use tobacco products. Overall youth tobacco use did not change significantly between 2011 and 2016. In a 2016 survey, more than l in 5 (20.2%) high school students reporting current tobacco use. 1!' And a jurisdiction's demographics may dictate which policies are most effective at reducing youth tobacco, use_ For example, while electronic smoking devices are the most common from of tobacco use by non -Hispanic white and Hispanic high school students, non -Hispanic black high school sWents most commonly use cigars'la Retailer associations have also asserted that laws restricting tobacco product sales will result in lost revenues for local businesses. Local policymakers have discretion to assess whether the public health risks presented by tobacco products are sigifrrt enough that the sale of these products should be regulated, even if such a regulation results in reduced tobacco sales for local retailers. Local l G. ChangeLabSolumm governments can also use a variety of strategies such as robust engagement, outreadx and education with retailers to understand their concerns, explain the rationale for specific policies, and Worm the retailers about any applicable laws. Local gover=cnts may also consider programs that help retailers reduce their reliance on revenue from tobacco product sales. For example, Healthy Retail SF, a progxam of the City and County of San Francisco, helps retailers sell healthier products."" CbangeLab Solutions also offers resources an creating healthier retail environments, In addition to these more general considerations, specific policies such as increasing the cost of tobacco products and regulating the location and density of tobacco retailers raise additional considerations. Strategies that increase the cost of tobacco products may be considered regressive, meaning that low- to moderate -income individuals pay a higher percentage of their income toward the increased prices than high -income individuals. This can impose a signWca nt financial burden on low-income smokers. And to the extent that low-income smokers continue to smoke, higher tobacco prices decrease their purchasing power for other goads and services (eg. daily needs). However, any conversation about equity or regressivity should frame the issue in the broader equity context of tobacco us"at is, the tobacco industry has consistently targeted its products disproportionately to tmderserved con muwties and youth through predatory marketing. This contributes to the impacts of chronic disease associated with tobacco use being experienced regressively, or disproportionately, by underserved communities. Increasing the price of tobacco products has been shown to have significant effects on consumption, providing disproportionate health benefits to low-income communities. Emerging evidence suggests policies that increase the cost of tobacco products such as establishing mininin prices may decrease tobacco -related health inequities.r'�e" A criticism of minimum pricing is that it does not necessarily achieve the henefits of tobacco excise tax. Unlike a tax on an entire class of products (e.g., cigarettes), an established minimum price arguably affects only low-cost brands. Cigarette bmnds that are more expensive nmy not be directly affected by the inininnun price. Local governments concerned about this outcome can pair a tuinimum floor price law that affects low-cost brands with a minimum mark-up requirement that affects all brands. An effective minimum pricing policy way also mean that tobacco retailers and manufacturers make more money from tobacco sales_ This may sound counterintuirive to policymakers, but it nevertheless may simply be a side effect of increasing tobacco prices through r<s;nimurEl pricing_ Moreover, tobacco retailers and manufacturers may be less likely to oppose mininura pricing policies if the policy will increase their revenues. Evidence suggests increasing prices for tobacco products can encotuage an illicit market for these products.'26-12' An illicit market of cheap tobacco products negates, at least to some degree, the beneficial public health impact of increased prices- Ul[imately, this is a balancing act. Local .I ChangeLab v-') k&url, govemmews are responsible for weighing the public health, benefits of higher tobacco prices against the unintended consequences of a potential illicit market for tobacco products_ Local govemments may address illicit market issues by tailoring pricing policies to raise prices enough to reduce consumption but at levels insiacient to incentivixe the creation of an illicit market. They can also address illicit market issues with appropriate, equitable enforcement, though this requires adequate resources. Additional considerations are also relevant to policies regulating the location and density of tobacco retailers, particularly with respect to avoiding unintended consequences. Jurisdictions pursuing location and density restrictions should carefully consider pre-existing inequities in the location and distribution of tobacco retailers. A policy establishing a single cap on the number of available robacco retailer licenses may be less likely to reduce ail overconcentration of retailers in underserved communities compared sixth policies that incorporate more granular geographic restrictions. Instituting a roil mtun distance requirement between tobacco retailers away also inadvertently increase tobacco retailer density in other parts of a community. Finally, juarisdiedons may consider which retailers will be most affected by any location and density restrictions and take steps to mitigate any negative effects on those retailers. For exampte, many tobacco retailers are owned andlor operated by members of underserved communities, and policies affecting the tobacco retai environment may affect economic inequities. Given these considerations, jurisdictions should evaluate which combination of lacatinu and density restrictions are best suited to address their communities' unique characteristics and how best to balance the strongest public health protections with any secondary effects_ This Introduction and Report does not include a compreheAsive summary or analysis of relevant legal authorities. This information is available in Changel,ab Solutions' stand-alone model ordinances and associated resouures. If you have questions related to legal authority, please contact ChangeLab Solutions via our website at www.clxatteelabsolutions.orj&bacc estions. IV. Conclusion A combination of strategies can protect youth from using tobacco and reduce industry4fiven health inequities. ]Many con munities are exploring programmatic and policy approaches to address the chronic health conditions associated with tobacco use. Some viable approaches are requiring local tobacco retailer liceems, limiting tobacco retailer density, setting minimum package sizes and prices, and restricting the sale of menthol cigarettes and other flavored tobacco products. ChangeLab Solutions has developed this Model Ordinance as one: tool to help communities reduce tobacco use, particularly among yatnig people and underserved populations. ChangeLab Soluth..: Optional Plug-in Provisions ChangeLab Solutions has developed a number of supplementary plug-in provisions to accompany the Model Ordinance, any of which can be incorporated into a new ordinance ar added to an existing robacco retailer licensing law. Each plug-in addresses a different ccmcerm and provides a policy option. For example, plug -ins can be used to prohibit certain types of retailers from selling tobacco and to restrict the sales of certain products. gently, ChangeLab Solutions has a number of plug-in provisions that (1) prohibit tobacco sales at restaurants and bars, (2) prohibit tobacco sales at businesses that allow sinoking, (3) prohibit tobacco retailers from selling drug pmphernalia, and (4) provide additional enforcement options for licensing laws. Other plug-in policies previously maintained in a separate document such as tobacco - free pharmacies, limiting the location and density of tobacco retailers, and establishing minimum package size and prices for certain tobacco products Dave been integrated into this Model Ordinance_ Although the plug-in provisions are intended to be incorporated into the Model Ordinance, some of them can be enacted independently, with revisions. Adopting a plug-in provision both as part of a licensing ordinance and as a separate ordinance may provide additional enforcement options. Please consult your local government attorney and/or ChangeLab Solutions if you want to incorporate any of the plug-in provisions into your existing licensing ordinance and/or adopt the provisions as a separate ordinance_ The provisions regarding "No Tobacco Product Samplurg" have been removed from this version of the Model Ordinance because state and federal law now prohibit almost all free tobacco product sampling. The plug-W provisions limiting tobacco sales to off -sale alcohol retaRers and prohibiting significant tobacco retailers have also been removed, but are available upon request_ Please contact ChangeLab Solutions if you have questions regarding these plug-in policies_ Questions? Lfyou have questions about the Model Ordinance, please contact ChangeLab solutions via our website at vry chaneiabsalutions.arg41?acconuestions. ChangeLab �-1-)k 'ors AN ORDINANCE OF THE I CITY I C2LTZM ] OF I Insert JaHsAiction Name ] REGULATING TOBACCO PRODUCT SALES, REQUIRING THE LICENSURE OF TOBACCO RETAILERS, AND AMENDING THE I Insert Jurisdicrion Name � MUNICIPAL CODE The [ City Council of the City l Surd of aupgoi521s of the CvWiv I of [ Insert Jurisdiction Nance I does ordain as follows: C0[4I MOff: This is introductory boilerplate language that should be adaipted to the omventional form used in the jurisdiction. SECTION I. [ See Appendix A; Findings I COMMENT. The kridings section is part of the ordinance and legislative record, but it usually does not become codified in the municipal code. An ordinance based on this Model Ordinance should include findings of fact —data, statistics, relevant epidemiological information, for instance- Ithat support the purposes of this ordinance, as well as any legal precedent that directly supports the ordinance. In addition to serving an educational purpose and building support for the ordinance, the findings can also serve a legal purpose. tf the ordinance is challenged in court, the findings are an admissible record of the factual determinations made by the legislative body when considering the ordinance. Courts will generally defer to legislative determinations of factual issues, which often influence legal conclusions. A list of findings supporting this Model Ordinance appears in "Appendix A: Findings' on page 50. Jurisd doors may select findings from that list to insert here, along with additional findings an local ar regional conditions, outcomes. and issues that help [Hake the case for the law. SECTION H. [ Article 1 Sgs:fiM ] of the [ Insert Jurisdiction Nan ] Municipal Cade is hereby amended to read as follows. - Sec. I — ("1) 1. DEFINITIONS. The following words and phrases, whenever used -W this [ article I cbanter ], shall have the meanings defined in this section unless the context clearly requires otherwise: (a) "Atrm's Length Transaction" means a sale in good faith and for valuable consideration that reflects the fair market value between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or paTtners, or a sale for which a significant purpose is avoiding the effect of the violations of this i article I chi ] is not an A.rm's Length Transaction. ■i hatlyeLab (b) ` Cannabis" has the meaning set forth M Cahfonria Business and Professions Cade Section 26001, as that section may be amended from time to time. (c) "Cannabis Product" has the meaning set forth in Californnia Business and Professions Code Sectiou 26DO 1. as that section may be amended from time to time. COMMENT: Callfomia state law prohibits the sale of Tobacco Products or alcoholic beverages at premises licensed to engage in Commercial Cannabis Activity (eq. Cannabis retailers, cultivators, manufacturers, and diskibtitom). Although this Model Ordinance does not directly regulate Cannabis, it does include several Cannabis -related limitations on Tobacco Retailers_ For example, this Model Ordinance prohibits new Tobacw Retailers from opening within a specified distwm from businesses engaged in the retail Sale of Cannabis and Cannabis Products. (d) "Cigar" means any roll of tobacco other than a Cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing more than twee pounds per thousand. (e) "Cigarette" mean.,: (1) any roll of tobacco wrapped in paper of in any substanee not containing tobacco, and (2) any roll of tobacco wrapped in any substance contal-mg tobacco which, because of its appearance, the type of tobacco used in the filler, or its Packaging and Labeling, is likely to be offered to, or purchased by, Consumers as a Cigarette described herein. (f) "Characterizing Flavoe' means a tasl,e or aroma, other than the taste or aroma of tobacco, imparted either prior to or during cons=ption of a Tobacco Product or any byproduct produced by the Tobacco Product, including, but not limited to, tastes or aromas relating to ineathol, mint, wintergreen, fiuit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice, provided, however, that a Tobacco Product shall not be determined to have a Characterizing Flavor solely because of the use of additives or flavorings or the provision of ingredient information. i g) "Commercial Cannabis Activity" has the meaning set forth in California Business and Professions Code Section 26041, as that section may be amended front time to time. COMMENT: This terra refers to conduct that requires a Califor0a state cornrnercial Cannabis license, including the culpva6w, possession, manufacture, distribution, processing, staring, laboratory testing. packaging, labeling, transportation, delivery ar sale cf cannabis and cannabis products as provided for in [Cal. Bus. & Prdo Cade division 10]." G.- ChangeLab )oiutions (h) "Constuner" means a Person who purchases a Tobacco Product for consumption and not for Sale to another. (i) "Coupon" means any voticher, rebate, card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or other form, used for commercial purposes to oblain an article, product, service, or accominorlation without charge or at a discounted pace_ l) "Departinent" means [ Insert Department Name I amd any agency or Person designated by the Department to enforce or administer the provisions of this [ article COMMENT: This term is used �n the Model Ordinance to refer to the city or county agency charged with issuing licenses and enforcing the Ordinance_ The primary enforcing agency may designate additional agencies to assist in administeeMq andlor enforcing the Ordinance. (lc) "Flavored Tobacco Product" means any Tobacco Product that imparts a Chmacterixing Flavor. COMMENT: This definition of Flavored To cco Product includes Cigarettes. Xthough federal law prohibits the manufacture of flavored Cigarettes, it contains an exemption for menthol Cigarettes. Moreover, neither federal nor California Wate law regulates the sale of flavored now0garette Tobacco Products such as UrWe Cigars, smokeless tobacco, and e- cigarettes. This Model Ordinance is more resbictnre than federal and state law because it prohibits the sate of all Flavored Tobacco Products, including menthol Cigarettes and ftavored non -Cigarette Tobam Products. (1) "Full Retail Price" means the price listed for a Tobacco Product on its Packaging or on any related shelving, advertising, or display where the Tobacco Prockict is sold or offered for Sale, phis ail applicable taxes and fees if such taxes and fees are not included in the listed price. (m) "Labeiing" means written, printed, or graphic mailer upon any Tobacco Product or any of its Packagm- S, or accompanying such Tobacco Product- (n) "Little Cigar" means any roll of tobacco other than a Cigarette wrapped entire[y or in part in tobacco or any substance containing tobacco and weighing no more than three pounds per thousand_ "Little Cigar' includes, but is not limited to, Tobacco Products ]mown or labeled as small cigar, Wile cigar, or cigarillo_ j ChangeLabS0IL;tI0':S (o) "Manufacturer" means any Person, including ally repacker or relabeler, who manufactures, fabricates, assembles, processes, or labels a Tobacco Product; or imports a finished Tobacco Product for sale or distribution into the United States- (p) "Package" or "Packaging" means a pack, box, carton, or container of any kind or, if ao other container, any wrapping (including cellophane) ii� which a Tobacco Product is Sold or offered for Sale to a Consumer. (q) "Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. COMMENT. The Municipa-A Code likely eontairts a definition of Upersoff and, if so, the defirkffi n provided here can be omitted. (r) "Proprietor" means a Person with an ownership or tnanagerial interest in a business. An ownership interest shall be deemed to exist when a Person has a tea percent (10%) or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A ma agerial interest shall be deemed to exist when a Pemon can or does have or share ultimate control over the day-to-day operations of business. COMMENT: This term is defined to help prevent shm ownership changes made to evade the license penatty provisions- (s) "Sale" or "Sell" means any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever_ (t) "Self -Service Display" means the open display or storage of Tobacco Products or Tobacco Paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person -to -person transfer between the purchaser and the retailer or employee of the retailer. A vending inachine is a form of Self -Service Display. (u) "Tobacco Paraphemalis" means any item designed or marketed for the eonswnpiion, use, or preparation of Tobacco Products- (v) "Tobacco Product" means, (1) any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, shorted, sniffed, or ingested by any other means, including. 0 hangeLahSolutions but not limited to cigarettes, cigars, fittle cigars, chewing tobacco, pipe tobacco, snuff; and (2) any electronic device that delivers nicotine or other substances to the Person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, or electronic hookah, (3) Notwithstanding any provision of subsections ( 1) and (2) to the contrary, "Tobacco Product" includes any cozonent, part, or accessory intended or reasonably expected to be used with a Tobacco Product, whether or not sold separately. "Tobacco Product" does not include drugs, devices, or combluatiou products authorized for sale by the United Stales Food and Drug Administration, as those terms are defined in the Federal Food, Drtig and Cosmetic Act. COMMENT: This definition of Tobacco Product is designed to cover a wide variety of products, including Cigarettes, Guars, LiMe Cigars, smokeless tobacco, sNsha (hookah tobacco), nicotine gel, nicotine lollipops, other nonconventional tobacco and nk*tine products, electronic smoking devices, and the solutions and component parts that are used in these devices. The definition includes electronic smoking devim with or wi(hW nicotine_ The definition also includes any component, part, or accessory normaily used with a Tobacco product (eg, rolling papers�- There is an exception far FDA -approved products intended for medical use (eg, nicotine patches aM other nicotine cessation pr'oducs). ( ) "Tobacco Retailer" means any Person who Sells, gaffers for Sale, or does or offers to exchange for any form of consideration, tobacco, Tobacco Products, or Tobacco Paraphernalia. "Tobacco Retailing" shall mean the daing of any of these things. This definition is without regard to the quantity of Tobacco Products or Tobacco Paraphernalia sold, offered for Sale, exchanged, or offered for exchange- (x) "Youth-Poptdated Area" means a parcel [ [ aLq l Comty ]) that is occupied by: (1) a private or public kindergarten, elementary, middle, junior high, or high school- (2) [ a library open to the public; ] (3) [ a playground open to the public; j (4) [ a youth center, defined as a facility where children. ages 6 to 17, inclusive, come together for programs and activities; ] (5) [ a recreation facility open to the public, defined as an area, place, structure, or other facility that is used either permanently or temporarily for conamwity recreation, even though it may be used for ether purposes_ "Recreation facility" j Cha ngeLab';� �1 :. k) ns includes, but is not limited to, a gymnasium, playing court, playing field, and swimmna Pool;] (6) [ an arcade open to the publics ] (7) [ a park open to the public or to all the residents of private community; ] {8) [ a licensed child-care facility or preschool [ other thau a small -family day care facility [ or a large -family day care facility ] as defined in Cali€orWa Health & Safety Code § 1596.79 ]; ] (91) [ COMMENT: This terra is used to prevent Tobacco Retailers from locating near areas frequented by youth and young adults. Research shows that youth are more likely to experiment with Tobacco Products when Tobacco Retailers are located near schools and other areas where youth firequentty gather_ Restrktng Tobacco Product Sales within a certain distance of these `Youth-ftpulated Areas" may help reduce youth tobacco use. Small -family day care facilities are allowed on residentially zoned property aml are limited to 8 or fewer children under age 10. Large-farrrily day care facilities with up to 14 children under age 1 Q are also allowed on residentially zoned property. Depending on the number and location of these facilities, some communities might consider excluding them from the lrmitations mere Tobacco Retailers may locate_ Sec- [ (*2) j_ GENERAL REQtT RE1NENTS AND PROIRBITIONS. (a) TOBACCO RETAILEP,'S LICENSE REQUIRED. It shall be unlawful for any Person to act as a Tobacco Retailer in the [ i vt / I without first obtaining and maintaining a valid Tobacco Retailer's license pursuant to this [ article f havter ] for each location at which Tobacco Retailing is to occur- Tobacco Retailing without a valid Tobacco Retailer's license is a nuisance as a matter of law. COMMENT: This is the primary operative section of the Modd Ordinance. it requires a limnse for each retail location. So, far example, a supermarket chain would need a Tobacco Retailer license for each store. Noce that this Ordinance uses the term 'license," but a city or county could choose to label the requirement a'permit," as the two terms are generally interchangeable. The terrn used should be consistent with other provisions of the C4 or minty code to which f s Ordinance is added. (b) LAVVFLIL BUSINESS OPERATION. Ia the course of Tobacco Retailing or in the operation of the business or maintenance of the location for which s license issued, it shall be a violation o€this [ article f chapter ] for a licensee, or any of the licensee"s (a) hangeLab5olutions agents or employees, to violate any local, state, or federal law applicable to Tobacco Products, Tobacco Paraphernalia, or Tobacco Retailing. COMMENT: This provision makes licensing an effective tool for comprehensively enforcing tobacco control laws. A city at county can use the license suspension provisions to encnu€age compliame with aN tobacco -related laws. This provision also gives a city or county additional enforcement options. The local jurisdiction may enforce the underlying tobacco laws -such as the prohibition on seller tobacco to youth 1Penal Code secfron 308 or the STANCE Act). It may also discourage illegal behavior by suspending or revoking a license. Losing the right to sell Tobacco Products for a period of time will likely be a bigger financial deterrent ban an occasional fine imposed under other laws, c DISPLAY OF LICENSE, Each Tobacco Retailer license shall be pfotninently displayed in a publicly visible location at the licensed location. (d) POWIVE EDENTIFICATION REQUIRED. No Person engaged io Tobacco Retailing, shall Sell a Tobacco Product or Tobacco Paraphernalia to another Person who is snider the age of [ twenty-seM (27) j years without first examining, the identification of the recipient to conf"ium that the recipient is at least the minimum age for Sale of Tobacco Products as established by state law. COMMENT. This provision deliberately omits stating a specific age, such as 21, so the Ordinance will not need to lie amended if state law changes the minimum legal sales age for Tobacco Products andfor Tobacco Paraphernalia. {e) SELF-SERVICE DISPLAYS PRC)ITI IM113. Tobacco Retailing by means of a Self - Service Display is prohibited. COMMENT. This provWon goes beyond state law because it does not provide an exception for tobacco stares that resir" ao ess to minors. As a resutt, this pfovision would prohibit Self -Service Dsp lays of Tobacoo Products by all Tobacco Retailers. W ON -SITE SALES_ All Sales of Tobacco Products and Tobacco Paraphernalia to Consumers shall be conducted in person at the licensed location. It shall be a violation of this [ article I dgWe ] for any Tobacco Retailer or any of the 'Tobacco Retailer's agents or employees to Deliver Tobacco Products or Tobacco Paraphernalia or to knowingly or recklessly Sell Tobacco Products or Tobacco Paraphernalia to any Person that intends to Deliver the Tobacco Product or Tobacco Paraphernalia to a Consumer i# the [ City ! County ]- For purposes of this subsection, "Deliver" means the commercial j ChangeLabSolutiorss transfer of Tobacco Products or Tobacco Paraphernalia to a Consumer at a location not licensed pur�u t to this [ article 1 chi ]. COMMENT: PrahibHing the delivery of Tobacco Products to Consumers aids in enforcement by ensuring that comimunit4es can conduct regular inspections at a Tobacco Retailer's licensed place of business. This subsection requires that all Sales of Tobacco Products and Tobacoo Paraphernalia to Consumers occur at a business location licensed to engage in Tobacco Retailing under this Ordinance_ This subsection also makes it a violation of a Tobacco Retailer's license to knowingly or recklessly Sell a Tobacea Product or Tobacco Paraphernalia to a Person who WA(Mds to deliver the Tobacco Product or Tobacco Paraphernatia to a Consumer at a location not licensed to engage in Tobacco Retailing_ The "knowingly or tecklessV requirement prevents a Tobacco Retailer from being penalized unless the retailer actually knew or reasonably should have known that the Person purchasing the Tobacco Product ar Tobacco Paraphernalia intended to deliver it to a Consumer at a non -licensed location_ lrnportant y+, this subsection does not penalize a Tobacco ReWler for selling a Tobacco Product or Tobacco Paraphernalia to a Person who intends to transfer such products for j non-commercial purposes, such as an individual purchasing these products for a family member or mend_ {) FALSE AND MISLEADING ADvTERTISING PRGITTED. A Tobacco Retailer without a valid Tobacco Retailer license or a Proprietor without a valid Tobacco Retailer license, including, for example, a Person whose license has been suspended or revoked- (l) shall keep all Tobacco Products and Tobacco Paraphernalia out of public view. The pubbe display of Tobacco Products or Tobacco Paraphernalia in violation of this provision shall constitute Tobacco Retailing without a license under Section (* 14) 1, and (2) shall not display any advertisement relating to Tobacco Products or Tobacco Paraphernalia that promotes the Sale or distribution of such products from the Tobacco Retailer's location or that coWd lead a reasonable Consumer to believe that such products can be obtained at that location. COMMENT: This subsection provides that a retailer who cannot legally Sell Tobacco Products or Tobacco Paraphemalia may not display or advertise such products. To do so would be misleading to Consumers (see California Business & Professions Gode Section 17500) and could invite illegal Sates. The First Amendment does not protect false commercial speech. ChangeLab solutions 4 {h) [ (The City or County may wish to add other desired requirements that, if violated, will constitute a violation of the license-) 1 Sec. [ .._ . (*3) ]. SALE OF FLAVORED TOBA4C'C'0 PRODUCTS PR0=1TED. (a) It shall be a violation of this [ arlicle 1 ter ] for any Tobacco Retailer or any of the Tobacco Retailer's agents or employees io Sell or ores for Sale, or to possess with intent to Sell or offer for Sale. any flavored Tobacco Product. COMMENT: Some oommunkWs have taken other, less comprehensive approaches to restricting the Sale of Flavored Toba000 Products, such as buffer zones" and limiting the Sale of these products to adult -only tobacco stores. These approaches are important interventions, but they're not comprehensive prohibitions on Flavored Tobago Product Sales. Communities should weigh the beneft and drawbacks of each approach. "Buffer zones" prohibit the Sale of Flavored Tobacco Products within a specific distance of Youth -Populated Areas, such as schools. An adult -only tobacco store approach limits the Sale of Flavored Tobacco Products to stores that primarily Sell Tobacco Products, derive a specified percentage of their annual revenue from Tobacco Products and Tobacco Paraphemalia, and prohibit Persons under the age of 10 from entering without a parent or legal guardian. Some jurisdictions also impose additional requirements on #hese stores, such as prohibiting them {turn selling alcohol or food for consumption on the premises_ These approaches may not provide the same public riealfh benefits as a comprehensive, oommunitywide restriction an the Sale of Flavored Tobaoco Products, and they are more complicated to implement and enforce. For example, buffer zones require the creation and maintenance of mapping surveys to determine the location of Tobacco Retailers, Youth - Populated Areas, and the distances between them. Buffer zones may also require more extensive education efforts and the development of tools and resources for Tobacco Retailers to determine whether their store is within a buffer zone. Similarly, restricting Flavored Tobacco Product Sales to adult -only tobaoeo stores requires tracking Tobacco Retailers' annual sales receipts to ensure they meet the specified requirements. Despite these Considerations, buffer zones and adult -only tobacco stares remain viable policy options for communities that wish to pursue tm oomprehensive restrictions on the Sale of Flavored Tobacco Products. If your commimity is interested in adopting one or more of these approaches, please contact Charbget.ab Solutions for assistance. (b) There shall be a rebuttable presumption that a Tobacco Retailer in possession of four or more Flavored Tobacco Products, including, but not limited to, individual Flavored Tobacco Products, Packages of Flavored Tobacco Products, or any combination thereof, possesses such Flavored Tobacco Products with intent to Sell or offer for Sale, Cf'langeLab Solutions k (c) There shall be a rebuttable presumption that a Tobacco Product is a Flavored Tobacco Product if Tobacco Retailer, Manufacturer, or any employee or agent of a Tobacco Retailer or Manufacturer has- (1) made a public statement or claim that the Tobacco Product imparts a Characterizwg Flavor; (2) used text andlur images on the Tobacco Product's Labeling or Packaging to explicitly or implicitly indicate that the Tobacco Product imparts a Characterizing Flavor; or (3) taken action directed to Consumers that would be reasonably expected to cause Consumers to believe the Tobacco Product imparts a Chamclerizing Flavor, COMMENT., This Model Ordinance penalizes only Tobacco Retailers who Sell or offer to Setl Flavored Tobacco Products, not individuals who purchase, attempt to purchase, possess, nr use Flavored Tobacco Products. Some communities face challenges in enforcing their resWcteons an the Sale of F vorsd Tobacco Products. For example, enforcerroent officials may have trouble detemuning whether a Tobacco Product gttallfres as a Flavored Tobacco Product, particularly when the Packaging and marketing materials do not explicitly WenMy a Characterizing Flavor (e.g., Tooa000 Products using "concept flavars" We 'Arctic" and "Lightning"}. Communities should oonsidrr poberntial challenges and develop guidelines for staff enforcement. If your community is corw&n d about enforcement, please contact CharigeLab Solutions for assistance_ Sec. f (mod) J. TOBACCO PRODUCT PRICMG AND PACKAGING, {a) PACKAGING AND LABELING. No Tobacco Retailer shall Sell any Tobacco Product to any Consumer unless such product. (1) is sold in the original Manufacturer's Packaging intended for Sale to Consumers; and (2) conforms to all applicable federal Labeling requirements. (b) DISPLAY OF PRICE. The price of each Tobacco Product offered for Sale shall be clearly and conspicuously displayed to indicate the price of the product. (c) PROFMITION OF TOBACCO COUPONS AND DISCOUNTS, No Tobacco Retailer shall: (1) honor or redeem, or offer to honor or redeem, a Coupon to alloy a Consumer to purchase a Tobacco Product for less than the Full Retail Price; 0 Changelabolutoons (2) Sell any Tobacco Product to a Consumer through a multiple -Package discount or Otherwise provide any such product to a Consumer for less than the Full Retail Pace in consideration for the purchase of any Tobacco Product or any other item; or (3) provide any free or discounted item to a Consumer iu considera#ion for the purchase of any Tobacco Product, COMMENT: This subsections prohibits the following types of discounts: 41) Redemption of any Coupons, whether the Consumer obtains It* Coupon in the store or elsewhere deg, magazine. online printoult mailer, or phone app); 12) Oiscowts to reward Consurtrers for buying more than one Tobacco Product (eg, Buy two packs of Cigarettes, get one free," "buy five Cigars, get a pack of Cigarettes for half price"); and {3) Discounts for other items (eg, "Buy a pack of Cigarettes and get a free lighter). (d) t►+ffND" PACKAGE SIZE FOR LIT -ME CIGARS AND CIGARS. No Tobacco Retailer shall Sell to a Consumer: (1) any Little Cigar unless it is sold in a Package of at least [ twent ] Little Cigars: or (2) any Cigar uaiess it is sold in a Package of at least at least[ six ] Cigars[-. provided, however, that this subsection shall not apply to a Cigar that has a price of at least f S .00 ] per Cigar, including all applicable taxes and fees ]. COMMENT: This subsection requires a minimum pack size for Little Cigars and Cigars. Requiring tittle Cigars and Cigars to be sold in packs of a certain size raises the cost harrier to purchase these products_ The purpose of this subsection is not to directly raise the price of Little Cigars and Cigars; rather, the purpose is to raise the cast of any single trar chon_ Section '4(e) directly establishes a price floor for these products. The minimum Package size of twenty (20) Little Cigars is oonsistent with the minimurn Package size for Cigarettes established by federal law. An option is provided to set a different minimum Package sine for Little Cigars: However, because Little Cigars and Cigarettes are very similar, establishing different minimum Package sizes may simply encourage the substhri ion of one produd for the other_ Subsection (2) provides an option to exempt Cigars that meet a certain price threshold. Because the policy goal of a minimum Package size requirement is to raise the cast barrier for any single transaction, the requirement may not be rnecessary for products #hat are already expensive enough to deter Sales to youth. For example, a single Cigar that costs $10 may not need Grp be sold in a pack of six to deter youth Sales. (e) 11fID+tDvil M PRICES FOR CIGARETTES, LITTLE CIGARS, AND CIGARS_ No Tobacco Retailer shall Sell to a Consumer- (1) Cigarettes at a price that is less ihau [ SK00 ] Per Package of 20 Cigarettes, mr-ludiag all applicable taxes and fees; (2) Little Cigars at a price that is less than[ $X.00 I per Package of Little Cigars_ including all applicable taxes and fees; or (3) Cigars at a price that is less [ $X.00 ] per Cigar, including all applicable taxes and fees. COMMENT. This section directly sets a price floor for the Sale of Cigarettes, Little Cigars, and Cigars. For Cigarettes and Little Cigars, the price floor is set as a minimum price required (eg, $7) for a Package of Cigarettes or Litile Cigars. The price fkMT is set differently for Cigars (per Ckwvs. per Package) because the number of Cigars in a package varies greatly. An option is provided to set dWe€ent pace floors for Cigarettes and Little Cigars; however, because these products are very similar, different prioe floors may simply encourage purchase of the cheaper alternative. importantly, subsection (2) is intended tc be adopted alongside Secilorr'4(d)(1), which establishes a minimum package size for Little Cigars. Local jurisdictions interested in adopting a minimum price for Little Ciigarswidtaut a corresponding minimum Package siae should contact ChangeLab Solutions for assistance. Setting a minimum price for other types of TobacGn Products such as smokeless tobacco, pipe tobacco, and electronic smoking devices requires more careful deliberation due to #re manner in which these other products are packaged and sold. Local judsdk*Dns interested in additional minimum pricing options should contact Change Lab Solutions for assistance. (4) The n uurn pnees established in this section shall be adjusted annually (percent change in the anntvil average, not seasonally adjusted) by the Department in proportion with the Consumer Price Index: all urban consumers for all items for the j insert Statisaral Area ] statistical area as reported by the United States Bureau of Labor Statistics or any successor to that index. 0 hangeLah Solutions COMMENT: This subsection spec'rfties that the minimum price for Cigarettes, Little Cigars, and Cigars estabiMed by subsections (1) through (3) will be adjusted annually in proportion with the Consumer Price index. This annual oustment occurs a►rtomaticalty witttoid further action by the edy council or board of supervisors and ensures that the effectiveness of ttxe minimum prices do not diminish over time due to inflation, The federal Bureau of Labor Statistics releases CPI data spec tc to particular regions or metropolitan areas, referred to as'staba ical areas." For CaIi€oroia, these statistical areas include: (1) Los Angeles -Long Beach -Anaheim, (2) Pacific Division (includes all Pacific states), (3) Riversid"an Bernardino -Ontario, (4) San Diego -Carlsbad, and (5) Salt Francisoo-Oatdand-Hayward. Local jurisdictions should choose the neaTest statistical area and insert it into the subsection above. More information cn regional resources for the Consumer Price Index are available at lhfts:llwww.bis.qcyv/2pVrggicmal-resouroes.htm. If your cotrvnurrity has questions about selecting the appropriate statistical area. please contact ChangeLab Solutions for assistance_ Sec. ("5) 1. LLNIITS ON E1,IGIBII.rTY FOR A TOBACCO RETAILER LICENSE. (a) IMOBIIE VENDING- No license may issue to authorize Tobacco Detailing at other than a fixed locatiom including, but not limited to, Tobacco Retailing by Persons on foot or from vehicles_ COMMENT: Prohibiting mobile vending aids in enforcement by ensuring that communities can conduct regular inspections at the Tobacco Retailers permanent place of business. S (b) LICENSED CANNABIS BUSINESSES. No license may issue, and no existing license inay be renewed. to authorize Tobacco Retailing at a location licensed fao Commercial Canlalabis Activity by the State of California in accordance with the Business and Professions Code Division IO_ lrr the course of Tobacco Retailing or is the operation of the business or mamlenatice of the location for which a license issued, it shall be a violation of this [ article I a e ] for a licensee, or any of the licensee's agents or employees, to engage im Commercial Cannabis Activity. COMMENT, California state law prohibits the Sale of Tobacco Products at any location licensed to engage in Commercial Cannabis Activity (see California Business and Professions Cade Section 26054(a)). This subsection incorporates this restriction by praNbiting the issuance or renewal of a Tobacco Retailer license for a location licensed to engage in Commercial Cannabis Activity. C'*' ChangeLab Solutions (c) PHARMACIES. No license may issue, and no existing license may be renewed, to authorize Tobacco Retailing in a Pharrnwcy. For the purposes of this subsectjon, "Pharmacy" mean any retail establishment in which the profession of pharmacy is practiced by a pharmacist licensed by the State of California in accordance with the Business and Professions Code and where prescription pharmaceuticals are offered for Sale, regardless of whether the retail establishment Sells other retail goods in addition to prescription pharmaceuticals. COMMENT: The Sale of Tobacco Products at stores containing pharmacies may convey a mixed message to Consumers, who rely on these businesses for health -related services. Because stores containing pharmacies provide hearth -related information to the public, communities may be concemed that the Sale of Tobacco Products at these stores conveys a tacit approval of use products. Further, stores containing pharmacies often shock Tobacco Products near cessation aids, compromising the efforts of people who are trying to quit. This subsection addresses these concur by prohibiting businesses that contain pharmacies from obtaining or renewing a Tobacco Retailer License. Existing pharmacies that lawfully Sell: Tobacco Products at the time this Ordinance is adopted may appty fur a one-time, non-renewable Tobacco Retailer license for the location (see Section `5(h)). (d) PROXMW TO YOUTH -SENSITIVE AREAS. No license may issue, and no existing license may be renewed, to authorize Tobacco Retailing within j one thousand (1,000) j feet of a Youth -Populated Area as measured by a straight line from the neatest point of the property line of time parcel on which the Youth -Populated Area is located to the nearest point of the property lice of the parcel on which the applicant's business is located. COMMENT: This subsection limits the proximity of Tobacco Retailers to areas frequented by youth. Resewch shows ttu2rk children are more liWy to experiment with Tobacco Products when Tobacco Retailers are located near schools. Restricting Tobacco Product Sates within a certain distance of schools, playgrounds, litararies, and similar venues may help reduce youth initiation. This subs on applies to both r v and existing Tobacco Retailers_ Existing Tobacco Retainers Located within Me specified distanoe of an exisft Youth -Populated Area or that become ineligible to renew a license clue to the creation of a new Youth --Populated Area may apply for a one-time, nor -renewable license for the location (see Section `5(h)�. (e) PROXIWTY TO OTHER TOBACCO RETAILERS. No license may issue. and no existing license may be renewed, to authorize Tobacco Retailing within [ five hundred (500) ] feet of a Tobacco Retailer location already licensed pursuant to dais I article 1 ch_ ] as measwed by a straight line from the nearest point of the property line of the PUBLIC HEALTH t American LAW CENTEK Lung Assodation. December 2010 et Mitchell Hem " Sahad of L. CAWarrin PF Law and Policy Partnership to End the Commercial Tobacco Epidemic COMPREHENSIVE TOBACCO RETAILER LICENSING ORDINANCE Introduction This Comprehensive Tobacco Retailer Licensing Ordinance was prepared to assist California cities and counties interested in establishing or strengthening a local tobacco retailer licensing ("TRU) program and further regulating the tobacco retail environnnerit. Communities adopt 7RL laws to ensure compliance with local business standards, reduce youth access to tobacco products, limit the negative public health and equity impacts associated with tobacco use, and enforce local, state, and federal tobacco control laws. The Public Health Law Center revised and updated this 2020 model ordinance, which was originally developed by ChangeLab Solutions and released in 2018. The Center acknowledges the excellent work done by ChangeLab Solutions in creating the original ordinance. This revised model ordinance takes a comprehensive approach to regulating the as requiring local tobacco retailer license by incorporating several innovative policy options. It also reflects changes to state and federal tobacco control laws such as Tobacco 21 and the r sale of tobacco products and the tobacco retail federal Food and DrLg Administration's C'FDA ) environment. It builds on core provisions such Deeming Rule that expands the FDA's regulatory -7w.�_ _ L- .- - - -- - _ _ r ;EE�tia�ro: ?tea` Sa.� Tr_ _:%f1h�z�'., .. iS'. (. wwwr pobi4cheaFthi4iwcenter.org/Caltobacoo hangeLabS-olutions 04. Rich[cr L, NO BS, Smith PH, Hall SA. The co• accumnee of uicot a and othcr substance use and add cti m among yoush and a&dIs in the Unitod 5taics implicatiarts fm research, practice, and pal icy. Am J DrltgAlcohol Abuse. 2017;49(2):132-145. doi: 10.1080 00952990.2016.1193511. 175. 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L,iag PM, Ciltmtx SA- Why and How the Tobacco I»dnsiry Saps Cigarettes to Yottttg Adores: Lvidcoce From Industry Decumants..im JPubfic Health. 2002;92(6):908-9I6. &L. hS`lwuu�tctri�ilm_riih.or:p�nc:articlt�:IlrhiCl4J745 59. Slates SI, Chakoupka H. Wakefield M. Johnston LD, O'Malley IaK The imact ofvctail cigei me mmdocting practices vu youth smoking uptake. Arch Podia& Adblssc AW. 2007;161(5),440- 445_ dai: 1 t3,10D1 farrhpadi,161.3.440. 60, XaX Wang X- CmbAtlo RS. is Every Smoker hAamst,ei in Price Promotions? An Evahtation of Frico- Pxlztcd Discounts by Cigarette Brands, J Publw Iteafth A14mg Praat 2016 22(1):20�28. doi- 10,1097 I4M,00UO000000004223. 51. Xu X Pesk,n W. Tymm MA, Da-mff RH, Malv&cr AIVL Pectuacek TF. Cigvu m price-n>inhuization sU21cgics by U.S. mwka3-.fps JProv Ade . 2013-144(5):472-476. doi: 30.101&+ .ttatmapre 2013.01.D19, 62, Doogam NJ, Wewexa ME, $ermru M_ The ittapaat of a kdeml cigarette i i Pack price palisy on cigarettae use in the USA. 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Available ar hnnb: hack.wchive- �: ora17993 f20170405201731lhbteS:l�wvrw.fdd trovrdargv>r] oaAslAdvisrxrvCaaiyrtxittres'CorrnrrotteesMretiu: a#crials 'Tobaceo�imti�cAdsisoruCarnmmittet![iC7�+i16 9697, y�{ Villaati AC, CoLLms LK, Nim= R5, Gagasi m SY, Abrams DB_ McmdxA cigarettes and the public bcalsh standard- a systematic nviesv_ ,RMC Pubix Ifiocrhh, 2017;17(1):983. dai= 10.118firs]288M17-4987-z- FRWm A, Gnodm AJ, King BA. Menthol cig*Pcm smoking among lesbian, Bay, bisataat, and transgemder adults, APN J Prev Hared 201 %45(l);93-9I. dai: ] 0.1016 J.amepre.2014.07AM. Cola AM, Johmson Al., Bair 8, Rath JM. VdLamti AC. Mcuthol tobacco use u correlm*d with mental health symptoms in a national SWnPIC Ofyoung adults: implications far futrue health nsls and policy rerammmnt&tioms. Tab IndurDis. 2016;14:1. dai: 10.1196. 512971-915-0066-3 31, Chcu C, Isabelle L K Pickwml h WH- Pamkow JF. Levels of taint and wintaweetn flavoramts; smokeless tobacco produces vs. comfectionery products. Food Choate Tm ioa1. 2010;4B(2):755-763. doi-- 10.1016JI6,2009.12.01S. 32_ Man -is I)S, Fula SC, Pawlak R- C"otnmides for policy irm►tio¢rs to reduce youth hookah smoking is die United States. Prev ChrmicDis. 2012:9:120082. dai: 10.5BR8Ipcd4.120082. 33. Cm=m 3M, llowA DN, Whits JR, Amdrmyak DM Layto'u ME, ]tall JM. Variable and polcuhuHy fatal tmnottrrts of aicotime in e•ciBarette nrcotiae solutions. Tab Coronal. 20l4;23(l)-77-7& doi: l O. i 136'tobaccac ont m - 2012-0S0604. 34. Tsai J, Walton K Coleman BN, et a]- i2 seas fhr 1?lee roare Cigucnc Use Among Middle and High School St ulcuts - National Yowh Tobacco Survey, iInued States.. 201b,Wn Mar&Mortal W y ReP. 2018,670),196-200. doi: 10.] 5585Fmmwr mmd796a5. 35. Cullen 3, Mowery P. Winevo C, et a]. Sevca-year paitans in US cigar use eptdem`oloSY mnong young ad>dlts aged 18-25 years: a focus an racc-'sdmirity and bran& Am J Public ]Iruitlk 2011:10I(10):1955-1962. dai:10.21051A R.2011.300209. 3G_ DvImeve CD. Uovesco DP. Miller Lo EJ. Changes in she Mass-mrsrhaudise Cigar Market since the Tobacco ComRul Act. Tub Fagul Sc. 2017;3(2 Suppl 1):SS-Sl6. 37. Aavaican Academy of Pediatrics, America Castcer Society Camoer Actium Nctwark. Amer tw Heart Assmiatian Ameriem 5#t*kc Association, Americas Lung Assoc6ftam Kids Aff-F. 7heFlavor Trap: How Tobacco Compemnw Are Lwmg K ds route Gma5 - Fknwad E-CareMw and Cigars. 2017. 38, Ambrose BY, Day HP, Rasum B, ct aL. Fhrvored Tobacco Prod= Use Among US Yanlh Aged 12-11 Years, 2013-2014. JAW, 2015;314(17):1871-1873. doi; 10.10011jama 2415.13$i12- 39. Comyr C(}, Ambrose W Ape*=-p BI. King DA. FtwAmcd Tobacco Product Use Amamg Middle and Ifth School Saxlents-United Starts, 2014. a1aMMorb Mortal lily Rep. 2015;64(3$ ):106t5` 1070. 40, Bonhomme Me. Holder -Hayes E, Ambrose $K, et aL Flavaurad nao-cigarette tobacco product use among US adults: 2013-2014. Tab Ca Woi. 2016;25(Supp] 2);iO- iil3. doi. 10.1 l364Qbac cwnbQ-201"53373. 41. Insfitutc of Medicine. EoduW the Tobacco Problem: A Aluepr W for the NorrmQ. Was6ugtan, DC. 2007. Available at: hops:#w'ww n lLcdukatalog+11795_�gjdine- ihe-sobacya-Lnv�lem-a-binroriat-far-the-oatian. 42_ Cammrmity Pr+cventivc Service, Task Force_ RadNcutg Tobacco Use andSeamndhmsd Imv l Ezpware.. bdffi wMttoara to Iaummse tlsa UnftPricefar Tabotco Prodtrc&. 2012. Available at: 0 x 0 ChangeLabSolutlons References 1. Centers for Disease Control and Preven6m Fast 11. Cal. Bus. & ProL i*odt: § 22970.1(F-mdiug that state Prattles jbr CWVrWMUiW roba'va Cmrrd tobacco excise tax revenues `°hoot dm imM by hundreds PMgi dm& -2Ql4, U.S. Deputment of Health and of millions of dollars per ycju doc, in part, to tmlawftt] Human Services, Cmtess for Disease Control uO dismibutiotrs and untaxedof eigacettas and tobacco m Prrr-mik . NahoaW Copier for Chronic Disease +'sacs prodrr m' and ffim "the licensing of ... toilers wall help prevention and Health Promotion, Dlfitrce on S.molting stm the fide ofuntd and distri'bwaom and illegal salts of and Health. 2014. Available at: cigamiiac and tobamo pwdw%, �, L'hK M cdc,ouv tobalxa 12. Cal. Rev. & Tax Code § 30111 (providing thal state ttt�icesltadfs r2a 14}entmorehtnsivc df, toba oco texas "are m Licu of all other AWz, county, 2, US. Depabneot of Health and Hun= SaTkxs. The =inicipatl, oc distriet taxes on the privilege of MwIth C4Awegreer!es of &making, 50 Yearr of Phpgrm- chshAtrhag curettes or wb=o p mducu.'J; Cai. Bus. A Report of the Surgeon Geftgrat Ad=* GA: U.S, A Prof. Code § 22964 (p mvidlag that the Stop Tobacco Deparnnemt of Hcdffi and Human Services, Caters far Acaesx to Kids Act duce not `preempt or odbernise Disease Control WW Prultcntion, National Centct for prohibit the adoption ofa local sherd tlgrat imp, a Chrumi: Disease Preventim awd Health Frouiubon, more restrictive legal age to pur�a+c or Possess tobacco Office on Smoking and Health,. 2014. Available at; F -ducts."), h f 0- 13. CaL Bus. & prof Code § 2-1971.3 {"Nothing in this yearsroF- s trssl[ull- a odf division prccmpis or %qxa-sacks any local tobacco 3. TamAy Smoking Prevmtiea and Tobacco Contra] Art om"I lawn other than t6osz- related to the collection of 3(l), Pub. L, No. 111•31, 123 Star. 1776-1858 (MM). state taxes_ Dotal licensing laws may provide for tie 4. Rucselcr A, Burris D. The quarter that cbanged the suspcnsros or revocation of the loml liccuse for any world. Tab Gonm 1. 2014;19 SuppL l:i3a15, doi violation of state tobacco rmtol law."). 10. t 136;tn.2009.030904. 14. Cal- Petal Ccdc § 348(aXIXA). i_ U.S. Alational Caucm Institute --A Sarioacohkff ew1 15. Cal. Hoe- & ProE C6k §§ 22950-22%4. Apprewch to Addrweamg Tobame-RelaredHesahlt 16. 21 C.F.R. §§ 1140.14(a)(4), 1140.16(h). Diapmrrrs. Nabonal Cancer instihste Tobacco Control 17. 21 C.F.R- j 1140,16(a)(2). (4)(2)• Monoprapb 22. hTH Publicationlda. 17-CA-8035A_ M California Tobacsa C'onu of ProgreRa�. Policy Evsleatian Bctbesda. Mlk U.S- Departnmaot of Health Ord Human TrmWng System (PIM). Accessed May 24. 2018, .Scrvicm National hotituteg of Health, National C mipccr 19, The Amaira4 Lung Association inCalifornia C'cnter for Institute. 2017. Tobacco Polley and Organimg. Moau of SVrarrg Local 6. United States v. Pbibp Morris UW lac., 449 F. Stapp, Tobacm RataAw Licpwft Maness. 2017. Available 2d 1 (1).D_C_ 2006), aWd in part. vacated in part, 56+6 at: hftsJ&=ier4koWc oWalrcX,amfjyu-- F.3d 1095 (D.C_ Cir. 2OD9), old order clarified} 778 F. 7+ Sapp, 2d 8 (D.D.C. 2011)_ t;ltditia,s+xs JLma2017_pclt 7. Californis Tobacco Control Progmn Cahforwie 24. Thr Arne-6CZ4L I.iierg Assoeiation in Cahfomis Center for Tobacco Farbt and Figures: A Ridaagw6wLook at Tobacco Policy and OrgruiLtiag. Laval Tobacco Policies 2017 S mto, CA California Department of Public irr Aw Rwraii Ewwimmumt 2017. Available at- Health. 2018_ btlFs:lr'ctmterdtia6aci<mniicw.arQhvo- 8. California Tobacco Education and Research Ovasig6t mntriiz1Eiads�L017 >fi-Z9co-PaLgcx-in�tlbc- Co®t>rdtoe.NuwChallffwn-NewPt�forAll Retail-Em'tr riyat-20Ila reaierd Q Tobnoe+O-Free Cali OFMIo ltdasfer Plan .2018- 21. The AnxTicoa Lwtg Assoc oo in Caldomia Curia for 2020 Sacraonettto, CA: California Tobacco Fdncetivn Tobacco policy and Organtamg, Tobacco Rainier and Reromch Oversight Coomrittae. 2016. Licensing isE,fectiu - M13. Available av 9. California Tobacco ControlPropram. A Story of } idrobacCatwllcv.0 Inequity. 24 t $; coritca0-'euloads'2016--1 a.rCabuc¢cr�tdFt�ilesrL ioeixsiryg-iS . Aooessed July 13, 20L8, Effective-Seltemb.'201.1.odf. 10, Col. 13 _ & Prof. Code $ 22972(a). ChangeLab ohaLEons WNERE,A..S, policies to reduce tobacco retailer density have been shown to be efi`ectivei<ax.i<�i<.iaa and may reduce or eliminate inequities in the location and distribution of tobacco retailers; WHEREAS, six out of 10 tobacco retailers in California sold cigar products use cannabis - related flavor descriptors and these retailers were more prevalent in school neighborhoods with lower median income;13 IU RRAS, both youth and adult tobacco users are more likely to also use canoabis,174 WMREAS, strict enforcement of policies prohibiting retail sales of cigarettes to youth, sales of Cigarettes via vending machines, and other means through which youth gain access to tobacco in the commuemial settings can limit their opportunities to obtain these pr+oducts;22.115 WHEREAS, strong policy enforcement and monitoring of retailer compliance with tobacco control policies (eg, requiring ide>utificaiion chocks) is necessary to achieve reductions in youth tobacco sdes;"6 WHEREAS, the National Academy of Medicine recommends imposing penalties on business owners to provide sufficient incentives to comply with the law, and lousiness owners with an economic inomtive to avoid violations are more likely to establish company -wide policies and incorporate instruction on tobacco laws into employee training,"' WHEREAS, state lave explicitly permits cities and cotmties to enact local tobacco retail licensing ordinances, and allows for the suspension or revocation of a local license for a violation of any state tobacco control law (Cal. Bus. & Prof Code § 22971.3); WHEMNAS, California courts have affirmed the power of the [ City Council ! ILMULd ] to regulate business activity to discourage violations of law. See, eg, Cohen r Board of Supervisors, 40 Cal. 3d 277 (1985); Brm-o Vending v. Oft, afRancho Mirage, 16 Cal. App. 4th 383 (1993); Prime Gas, Inc. v. Cisv ofSacmmento, 184 Cal. App, 4th 697 (2010); WHEREAS, over 130 cities and counties in California have passed tobacco retailer licensing ordinances in an effort to stop youth from using tobacco:"' WHEREAS, the [.City Council 1 Board of Supervisors ] has a substantial interest in protecting youth and underserved populations from the harms of tobacco use, and WHEREAS, the [ City C.otmcil / I finds that a local licensing system for tobacco retailers is appropriate to ensure that retailers comply with tobacco control laws and business standards of the [ Insert Ansdiction Name ] in order to protect the health, safety, and welfare of our residents; NOW TUEREFOIRE, it is the intent of the[ Cft Council / �d of SUw:z aQ ], in enacting this ordinance, to ensure compliance with the business standards and practices of the [ Ci<�t ►► f aunty ] and to encourage responsible tobacco retailing and to discourage violations of tobacco -related laws, especially those which prohibit or discourage the sale or distribution of tobacco and nicotine products to youth, but not to expand or reduce the degree to which the acts regulated by federal or state law are caiminally proscribed or to alter the penalties provided therein. r 34 (9,011 ChangeLabSolutions WHEREAS, many retailers sell little cigars and cigars individually, marring them more affordable and appealing to youth.-" For example: a 874% of California tobacco retainers sell a popular brand of youth -friendly cigars for less than $ 1 M;'m • From 1995 to 2008, annual sales of6prillos increased by 255%, and sales oflittle cigars increased by 316°�a;35 WHET AS, a 10% increase in cipr prices h6u been associated with decreased cigar sales"" and may significantly reduce cigar use among youth;I" WHEREAS, neither federal nor California state laws set a tnimmum price for tobacco products; WHEREAS, minimum price mukups and related laws in other states have been shown to be effective at increasing the price of cigarettes but may retrain vulnerable to price matnsipulabon by the tobacco industry without attention to coupons and discaunts;r' WHEREAS, studies have estimated that if price discounts were prohibited across the [united States, the number of people who smoke would decrease by more than 13%;` the impact of a S10 federal minimum floor price for cigarettes could reduce the number of packs sold in the United States by 5.7 billion per year and prompt 10 ]trillion smokers to quir; and that stare -level minimum floor price laws designed to raise the average price of cigarette packs by $2.00 could decrease cigarette consumption by 15.91/a and reduce income -based stroking disparities more than a comparable excise tax iftaease:n WHEREAS, by selling tobacco products, pharmacics reinforce positive social perceptions of smoking, convey Tacit approval of tobacco use, and send a message that it is not so dangerous to smoke;M5,1a► WHEREAS, phar=cies sell cigarettes cheaper than other stoms;1°' WHEREAS, tobacco -free pharmacy sales policies decrease the availability of tobacco products by reducing tobacco retailer density by up to three tiles compared with communities that do not have such policies," and immediately after the uarionwide CVS policy change to not sell tobacco products, cigarette purchases declined aid smokers who had previously purchased their cigarettes exclusively at CVS were trp to twice as likely to stop buying cigarettes eutireiy-l" VVMREAS, the density and prox4nity of tobacco retailers influence smoking behaviors, including number of cigarettes smoked per day;` WHER>(rAS, the deersity of tobacco retailers near schtoDis has been, associated with increased youth smoking rates;' VMWREAS, adults who smoke have a harder time quitting when resi+fential proximity to tobacco retailers is smaller and density is bigher;16' WHEREAS, tobacco retailers are more prevalent in underserved communities, especially in neighbarboods with a higher proportion of African American or Hispanic residents;a4.I5.tox.t'14 WIHEREAS, disparities in tobacco retailer location and density differ between rural and urbait settings, with higher density in urbam locations`° and variations for Hispanics in mW communities" as well as infra -urban differences by income,'" K G_ ChangeLab Solutions WHI AS, an evaluation ofNew Yark City's yaw, which prohibits the sale of all flavored tobacco, excluding menthol, found that as a result of the law, youth had 37% lower odds of ever trying flavored tobacco products and 28% louver odds of ever using any type of tobacco;"' WHEREAS, the health effects of no -cigarette tobacco products such as cigars, cigarillos, smokeless tobacco, and shisha are substantial as demonstrated by research that shows that non - cigarette tobacco products have addictive levers of nicotine, harmful toxins, and dangerous carcinosem; WHEREAS, unlike cigarette use that has steadily declined among youth, the prevalence of the use of nog -cigarette tobacco products has remained statistically unchanged and in some cases acmfly increased among youth;22,153 lIS► WIKERFAS, the availability of inexpensive tobacco products leads to increased tobacco use as evidenced by more than 1€ 0 academic Mudies that cDnclusively show that when tobacco products are made more expensive, fewer people use tobacco, fewer initiate tobacco use, and more people quit tobacco um Z4144.4649 WHEREAS, research has also consistently shown that increases in cigarettes prices will result in less smoking across various sociodemograpbic pOpul OUS:158 WHEREAS, a 20% price increase would reduce demand for cigarettes by approximately 10.4%, the prevalence of adult tobacco use by 3Bl/a, and initiation of tobacco use by young people by 8.f9ro,xx VVI EREAS, unequal ice increases across different types of tobacco products lead to substitution from one product to a nothec ',49 WHEREAS, youth are particularly responsive to changes in tobacco prices,12•4 and evidence suggests that tobacco companies deliberately target youth with price reductions;44-5&58,159 WHEREAS, evidence also suggests that cigarettes are cheaper in neighborhoods with lower household iucornes,'o' Newport menthol cigarettes cost less in areas with higher proportions of African Americam,#a' and underserued communitres are targeted with price discounts and coons; 160.161 WHEREAS, tobacco companies spend considerably to decrease the price of their products in order to counter state and local tobacco control elf`arrtts, appeal to pric"ensitive consumers, and increase demand for tobacco products. For example, tobacco companies spent the majority of their marketing bu dgm on price discounts, accounting for nearly St billion of $8.7 billion advertising and promotional expenditures in 2016,'31 sa RFLitEAS, the tobacco industry's price discounting strategies, such as coupons and multiple - package discounts, are popular among consumers, with more than half of adults using some price rninI . Lion strategy- In California, individuals who use price minimization strategies save an average M1 04 per pack (or 18.6a1a off the total)-." WEIER AS, price -discounted sales account for a substantial proportion of overall tobacco product salelt;11 WHEREAS, although federal and state law barn the sale of individual cigwettes,'°•'52 neither fedend nor Califomial stage laws restrict the sale of individual little cigars and cigars; ChangeL.abSolutions 101 • Studies found increased retailer compliance and reduced tobacco sales to youth following implementation and active enforcement of youth tobacco sales laws paired with penalties for violations;1IM34 a A review of 33 California communities with strong tobacco retailer licensing ordinances fom dd that youth sales rates dmlhied iti 32 of these woununities after the ordinances were macte>d, with an average decrease of 2811K in the youlb sales rate;` WHEREAS, the federal Family 5mokmg Prevention and Tobacco Control Act C" Tobacco Control Act"), enacted in 20D9, prohibited candy- and frtrit-flavored cigatettes,23 largely because these flavored products are marketed to youth and young adults,z2'e•135 and younger smokers were more likely rhea older smokers to have tried these products;' WHEREAS, neither federal nor CaUOMia state laws restrict the sale of menthol cigarettes or flavored non -cigarette tobacco products, such as cigars, caigatillos, salokeless tobacco, hookah tobacco, electronic smoking devices. and the solutions used in these devices, WHEREAS, in 2016, an estimated 821% of tobacco retailers in California sold flavored non - cigarette tobacco products, over 9U`io of tobacco retailers sold menthol cigarettes, and R out of 14 tobacco retailers near schools sold flavored non-ciWene tobacco products;" VVHEREAS, mentholated and flavored products have been drown to be "starter" products for youth who begun using toba►cccP`37,138 and that these products help establish tobacco habits that can lead to long-term aaddtcttoa-,AIM WMREAS, between 2004 and 2014, use of non -menthol cigarettes decreased among all populations, but overall use ofineudrol cigarettes increased among young adults (ages 18 to 25) and adults (ages 26+);24 WHERF AS, flavored tobacco has significant public health implications for youth and people of color as a result of targeted industry marketing strategies and product manipulation',"'-140.141 WHEREAS, a review of advertising, promotions, and pack prices near California high sch"ls found that ' for each 10 percentage point increase in the proportion of Black students, the praoportion, of menthol advertising increased by 5.9% ... the odds of a Newport [ai leading brand of mentholated cigarettes] promotion were 5(r/a higher ._. and the cast of Newport was 12 cents lower." There was no such association found for non -mentholated cigarettes;' WHEREAS, scientific reviews by the FDA and the Tobacco Products 5cinitific Advisory Committee e7PSAC") found marketing of menthol cigarettes likely increases the prevalence of smoking among the entire population, but especially among youth., African Americans, and possibly Hispanic and Latino iindividuals;1' and that menthol cigarettes are associated with increased initiation and progression to regular cigarette smoking, increased dependence on cigarettes, and reduced success in smog cessation, especially among African American menthol smokers-,` WHEREAS, as a result of the FDA ban on all flavored cigarette products (except menthol), tobacco use by youth decreased by 61% and the likehlood of youth becoming a cigarette smoker past flavor' bait fell by 17%;143 EM ChangeLab Solutions • Those who reported experiencing psychological distress over the past year smoke at rates disproportional to their population in California;" a [ inseii local data it available ] WHEREAS, despite the stage's efforts to limit youth access to tobacco, youth are still able to access tobacco products, as evidenced by the following: in California, over 67"/o ofcunent and former adult smokers started by the age of 18 and almost 100% start by age 26;tZ6 • In California, from 2013 to 2015, approximately 15% of 9th and 1Ith grade students €eport using electronic smoking devices;` * Unless smoking rates decline, an estimated 5% of all California youth who are alive today will die prematurely from smoking -related diseases;125,17" In 2017, 22.8% of high school snulents in California had tried cigarette smoking;12S.1x9 * 1 lnwi-t Loral data if avaUable 1 VorMREA5, the tobacco industry encourages yotalh and young adult tobacco initiation through predatory targefte as evidenced by the following - Tobacco companies target young adults ages 18 to 24 to increase their frequency of tobacco use and encourage their transition to 1itual users;55 ■ Tobacco iudttatry documents state that if "a man has never smoked by the age of 18, the odds are three -to -one he never will_ By age 24, the odds are twenty-to-one";1° • The tobacco industry spends an estimated $620 million annually to market tobacco products to California residents;12-' WHEREAS, Califoulia retailers continue to sell tobacco to underage consumers, evidenced by the following: 9.3% of high school students in California reported buying their own electronic cigarette from a stone; rzs. " xs • 7.69Io of Califomia tobacco retailers unlawfully sold tobacco products to minor's in 2015;126 * [ insert local data if available ] WHEREAS, requiring tobacco retailers to obtain a tobacco retailer license will not unduly burden legitimate business activities of retailers who sell tobacco products to adults but will, however, allow the I CityCouncil l l3aard of Supervisors 1 to regulate the operation of lawful businesses to discourage violatiotrs of federal, state, and local tobacco control and youth tobacco access laws, as evidenced by the following: * Cigarettes are the number one product sold in U.S. convenience stores, and in 2012, they generated an average of $622,248 in sales per store;151 * A sn* found that odds of daily smoiang were reduced by 2% for each 1 % increase in merchant compliance with youth tobacco sales laws;"' OR ChangeLabSolutions 101 Appendix A: Findings. The [ C it of the Ci 1 Board of Sunen iwors cyf tFtie € 3,ur7«+ )of[ frisert Jurisdiction Dame hereby finds and declares as follows: WHEREAS, the [ CiMC�uu._ cil I Bard of Suomi oa 1 finds that a local licensing system for tobacco retailers is appropriate to ensure that retailers comply with tobacco control laws and busyness standards of the [ City Council Board of Supervisors ], to protect the health safety, and welfare of our residents; WHEREAS, approximately 480,000 people die in the United States from sm❑king-related diseases and exposure to secondhand smoke every year, making tobacco use the nation's leading -cause of preventable death_' W]URCAS, the World Health Organization (WHO) estimates that tobacco kills roughly 6 million people and causes over half a trillion dollars in economic damage each year;I RrSEREAS, 5.6 million of today's Americans who are younger than 18 are projected to die prematurely from a smokurg-related illness;'- V4MREAS, tobacco use is the number one cause of preventable death in Californial23 and continues to be an urgent public health issue, as evidenced by the following: • 40,001D California adults die from their own smoking anaually; • More than 25% of all adult cancer deaths in California are attributable to smoking-,"' • Smoking costs Calif❑mia $13.29 billion in annual health care expanses, $3.58 billion in Medicaid costs caused by smoking, and $14.35 billion in smoking -caused productivity lasses;1zs ■ Tobacco use can cause disease in nearly all of the organs of the body and is responsible for 87% of lung cancer deaths, 32% of coronary heart disease deaths, and 79% of all cases of chronic obstructive pulmonary disease in the United States;2 WEIERF.AS, tobacco use among priority populations in California contributes to health disparities and creates significant barriers to health equity, as evidenced by the fallowing: • African American (20%), Asian (15.6%), Hispanic (15,0%), and American Indian/Alaska Nadve (36.2%) makes all report a higher smoking prevalence than White, Von -Hispanic males (14.8%,);Iza ■ More than half(53.9%) of low smineconomic status American Indian/Alaska Native Californians smoke, the highest smoking prevalence among all pogulations;r26 • From 2002 to 2012, smoking prevalence increased among AMcan American youth;Iza • Californians with the highest levels of educational attainment amd armual household income have the lowest smoking prevalence;` • Those who identify as bisexual, compared wilb heterosexual, gayllesbiar,Ihomosexual, not sexual. celibate, or other, stroke at rates disproportional to their population in California," Ee ChangeLabSulutions circumstance. The [ Cill CoWgill f Board of Srroervisors ] of the [ QtZ 1 Cauinty ] of [ ] hereby declares that it would have adopted each section, subsection, mmvision„ paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any me or xmore other sections, subsections, subdivisions„ paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. COMMENT: This is standard language. Often this "boilerplate is found at the end of an ordinance but its tocabon is irrelevant. SECTION IV. EFFETE DATE. This Chdma=c sha11 take effect and be in farce from and aier [ 30 dUs Aft S date of enactment ]; provided, however, that Section [ (*3)] shall not take effect until [ 6 months after date of enactment ]. COMMENT. This section sped the effete date of the Ordinance, and it should be tailored to give the city or county s eieM time to conduct implementation activities such as processing applications, issuing licenses, and educating Tobaom RehWers and dw general public atiout Um requirements and reshiciions established by this Ordinance. General taw cities and counties in California must provide a minimum of 30 days between an ordiruaned's adoption and 4s effective date. White ibis section specifies that most provisions go kft effect 30 days after final adoption of the ordinance, it provides a six (15) monM decay between when s jurisdkboin adopl� the Ordinance and when the prohib tion on the Saari of menthol Cigarettes and other Ravored Tobacao Products goes trot effect. This delay provides Tobaeea Retafls with a six month period to Sell their remaining inventory of these pruducts, as well as provides addifiarW one for the local gammment to plan for irnplerrtentation and ant. A (0,*41 ChangeLab lu for-k 0 - COMMENT: By expresky stating that viclatbons are public nuisances, this provision allows Ferdoreemertt of the ordinance via the adrninish atiwe nuisance abater-�ent procedures o mwtonty found in mtmicipai codes. Such a declaration a1w facilitates intjuncNe relief, i Where a court orders ttaat a defendant do certain things or regain tram doing certain things, jash as selling Tobacoa Products to youth. 1- --- in addition to other remedies provided by this [ article l 1bg%tU ] or by other law, any violation of this [ article f clnvter ] may be remedied by a civil action brought by lire [ City Attorna 1 QI= Cam set ], including, for example, administrative or judicial nuisance abatement proceedings, civil code enforcement proceediugs, and suits for MJunctive relief. COMMENT: It is common to provide that local government hers may go tD oourt to so* ] injumbons and other penattkm in addition to fines. The express provision for injunctive relief i lowers the showing required to obtain a preliminary or permanent injunction as dewAed in IT Corp- v. County ofImpadal, 35 Cal. 3d 63 (1983). Jurisdictions should carefully consider time apprgxiste nuisance abatement procedure. A nuisance abatement ordinance adopted pursuant to California Government Code Section ` 38773.5 my provide for treble damages for the second or subsequent nuisance abatement judgment within a two-year period (see Calftmia Government Code Section 38773.7 authorizing tmble damages). Howevw, treble damages are not available under the altamative nuisance abatenterd procedures authar¢ed by CaRfomia Ckwemmen -t Code Section 3B?73.1 and California Health and Safety Code Sew 17980. Sec.1 ! ("f 1. OTHER LAWS. This [ article I jhMer ] does not intend and shall not be interpreted to regulate any cauduct where the regulation of such conduct has been preempted by the [united Stales or the State of California. SECTION I1L CONSTRUCTION & SEVERALBH ITV. It is the intent of the [ Cato Coum f Board of Supervisors ] of the [ City 1 CoBWX ] of [ ' ] to supplement applicable state and federal law and not to duplicate or contradict such law and this ordinance shall be c❑nstmed consistently with that intention. If any sec6ork subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, or its application io any person or circxamstarm, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the renmiu sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this Ordinance, or its application to any other person or K CChangeLab Solutions (b) Whenever evidence of a violation ofthis [ article 1 ] is obtained in any Part through the participation of a Person under the age of twenty -me (21) years old, such a Person shall not he required to appear or give testimony in any civil or adminiAmfive proem brought to enforce this [ article 1 fA= ] and the alleged violation shall be adjudicated based upon the sufficiency and permmiveness of the evidence presented - COMMENT: This provis� its d"gried to elkninate any Ili right a defendant might otherwise have to compel a ycuh decoy to Beefily or be deposed. If criminal remedies are ptssued, constitutional rights of criminal defendants to oortfrortt wii msses against them may require a youth decoy to testily. (c) Violations of this [ article / &RIS ] are subject to a civil action brought by the [:g r Prosecutor 1 District Attorney ] or the [ City Attgrney 1 CWwty Qaumd ], punishable by a civil fore not less than [ two hundred fifty dollars ($250) ] and not exceeding [ ,one thousand dollars ($1,000)1 per violation. COMMENT: TNs provision provides civil fines for vWattng the licensing ordir►artce, It requires that the city of county file a traditional civil suit. The fine amounts m be adlusW Lbut cawat exoeed $1,004 per violation. Cafilkwnia Government Code Secdnn 30DDI . (d) Violations of this [ article 1 ] may, in the discretion of the [ City PrQsmdt9.rI District Attorney ], be prosecuted as infractions or misdemeanors when the interests of justice so require. COMMENT: Sometimes called a'wobbler,` #his provision affords the prosecuting attorney discretion whether to pursue a violation as an inhaction (Iike a part ing tielcet) or a misdemeanor (a crime punis a e by up to a $1,000 fm andlar six rnonft in county jail). Alternatively, violations can be set as either an irftaction or a misdemeanor in all circumstances. Fines and other criminal penalties are estatiiished by the Penal Code and are typicalty reflected in the general punishments pmaWsion of a local fie. (e) Causing, permitting, aiding, abetting, or concealing a violation of any Provision Of this [ atYticle J = ] shall also constitute a violation of this t article ! c e ]. COMMENT: This is standard language that is typicaJly incG,ded in a city or county code and may be omitted if duplic a9ve of e4sting code provisions_ ([) Violations of this [ an#icle / ] are hereby declared to be public nuisances. k- ChangeLabSolutions in violation of this [ article I damer f The decisir}n by the Depatti neat may be appealed pursuant to the procedures set forth in Sec#ioo [ � *13)(b) I. Forf6fcd Tobacco Pw)ducts and Tobacco Paraphernalia shall be destroyed aver all internal appeals have been exhausted and the time in which to seek judicial review pursuant to Califomia Code of Civil Procedure section 1094.6 or other applicable law has expired without the Ming of a lawsuit ar, if such a suit is fiiecl, afkerjudgnxmi in that snit becomes final. COMMENT: Seizing arW destroying illegally offered products requires addifioml prooedures beyond normal hearing for licmse susperwim. This is, in part, because the lkansee may not be the true owner of the seized products (eg, a shore owner could setl cigarettes on a consr"enl basis surd share a portion of the sales price with the actual owner of the products). Such owners must be provided due process before denying their prgmrtyr. We recornrnend an independent aftinistrative hearing our the forfeiture of any seized products, (c) For the purposes of the civil remedies provided in this [ article 1 � ] (1) Eacb day on which a Tobacco Product or 'Tobacco Paraphernalia is offered far Sale in Aolatiou of this [ article I cb ] shall constihite a separate violation of this [ article f chmA ], and (2) Each individual reetail Tobacco Product and each individual retail item of 0 Tobacco Paraphernalia #hat is distributed, sold, or offered for Sale in violation of this [ article shall constitute a separate violation of this [ article I chapter ]- Sec. I ("l5) ]. ADDITIONAL REMEDEE S. (a) The remedies provided by this[ article I c pte ) are cumulative and i' addition to any other remedies available at later or in equity. COMMENT: The fdkwiV subsections are designed to offer a variety of optiom to the jurisdiction and the entordng agency. Jurisdiefiw s may dwxme to incfude some or all of these options. Once the ordnance is enacted, the enfor "agency will have Me discretion to choose which enkweement toots to use in all caasft or tram case to case. For example, an agency may want to use these altemati►re enWeerrrent options to addrm violations that do nol directly invatve Sales to youth, such as self service displays or failure to post STAKE Act signs. As a practical matter, 11es+e erda nt options would not be apptied simultaneously, altixugh multVe remedies might be used against a particularly egregious violator over fte, ChangeLab Solutions 1. Such a revocation shall be without prejudice to the filing of a new license application. Sec- [ (*14)1. TOBACCO RETAILING LI N =OtTT A VALED LICENSE - (a) In addition to any outer penalty authorized by law, if a court of competent jurisdiction determines, or the Department finds based ou a prepanderance of evidence, after notice and an opportunity to be heard. that any Person has engaged in Tobacco Retailing at a location without a valid Tobacco Retailer's license, either directly or through the Person's agents or employees, the Person shall be ineligible to apply for, or to be issned, a Tobacco Retailer's license as follows- (1) After a first violation of this section at a location within any [ five-year (5) ] period, no new license may issue for the Person or the location (unless ownership of the business at the tocation has been transferred in an Arm's Length Transaction), until [ 30 days have passed from the date of the violation. (2) After a second violation of this section at a location within any [ five-year (5) ] period, no new license may issue for the Person or the location (unless ownership of the business at the location has been transferred in an Arm's Length Transaction), taatii [ nrn' ety (201 ] days have passed from the date of the violation. (3) After of a third or subsequent violation of this section at a location within any [ eve -year (5) j period, no new license may issue for the Person or the location (unless owuership of the business at the location has been transferred in an Arm's Length Transaction), until [fivp 5 1 years have passed from the date of the violation. COMMENT. Ttk provision prohibits a Person who SeRs Toba=o Products or Tobacco Paraphernalia without a valid fcense from obtaining a license tar a set amount of tine. ft does not apply to a wholly new business at the same sic_ This ineligibility period is in addition to any other penalty the dty or county might pursue_ if a Tobaoco Retailft location is sold in an Arrrr's Length Transacbon, then the violations will not count against the location under the new owner's Ihmnse ptffsuant to Section `7(b)- (b) Tobacco Products and Tobacco Paraptwmsha offered for Sale or exchange in violation of #his section are subject to seizure by the Department or any peace officer and shall be forfeited after the licemee and any other owner of the Tobacco Products and Tobacco Paraphemaha seized is given reasonable notice and an opportunity to demonstrate that the Tobacco Products and Tobacco Paraphernalia were not offered for Sale or exchange Changet.eb olution:5 COMMENT: This is the primary provision designating tf a length of time a Tobacco Retailer fs ineligible to Se41 Tobacco Products once the retimler's license is suspended pursuant to sub sectim (a), Stronger or more lenient penatUes may be provided as a matter of local policy. For example, some local ordharms permit first-ime o&ndersto "seve° their way out of a first suspension by instead paying a fine ($1,000, for example). Changel-ab Soludons has prepared are optional Plug -ire provision, which. 0 Wcarporated into fhe Model Ordinance, woul d estab€ieh guidelines for this policy atkernalve, By providing mandatory penalties, this Model Ordinance does not provide any diiscre4w to enforcement staff. This lack of disaw ion makes for a simple ordinance and standardized, even -funded enfbwcernent. If discretion with respect to penalties is desired, the Ordinance must state the standard by which that drscreeton is to be exercised (eg, f"manciat hardship, history of compliance, etc.). Note, too, that these penalty provisions do not prevent the use of other iegal tools, such as criminal prosecution under Pertal Code section 308, enforcement of the Stop Tobacco Acimss to Kids enforoerrvnt Act ('STAKrz Act,' California iBusiness and Professions Code wOons 22950-22962), at the several judicial remedies discussed below. (b) APPEAL OF SUSPENSION OR REVOCATION. A decision of the Department to suspend or revoke a license is appealable to [ the name of ayellate agency. oauel_ or 0 e (eg, police pent hoard, Board of Supervisors, city der, or director of the health department) ] and any appeal n=0 be filed in waiting witb [ the name of the aLtettcy, panel, or person to recetw the notice (eg, City Clerk or Cle* of the Board of Supervisors) ] within ten days of mailing of the Department's decisiom If such an appeal is timely made, it shall stay enforcement of the appealed action. An appeal to [ the name of appefl& ajzgwy, jp&qeL or n ] is not available for a revocation Made pursuant to subsection (c) below. COMMENT: Some right to appeal should be provided to ensure due process and to permit the city or county to caned any errors #fret may occur in the afthistrative process. Haw many levels of appeal In permit, which officer or body simild hear the appeal, vvhkh officer should receive the roAce of appeal, the time limits to set, etc. are focal policy questions. (o) REVOCATION OF LICENSE WRONGLY ISSUED. A Tobacco Retailer's license shall be revoked if the Department finds, after the licensee is afforded notice and an opportunity to be heard. that one or rrtore of the bases for denial of a license under Section 1 _(*7) ] existed at the time application was made or at any time before the license issued. The decision by the Department shall be the final decision of the [ City I C� Changkab oiufions revoked if any court of competent: jurisdiction determines, or the Department finds based on a preponderance of the evidence, after the licensee is afforded notice and an opportunity to be heard, that thQ licensee, or any of the licensee's agents or employees, has violated any of the requirements, conditions, or prohibitions of this [ article f chantj or has pleaded guilty, `Sno contest" or its equivalent, or admitted to a violation of any law designated in Section [ (*2) ] above. COMMENT., The entire prooedure for suspension of a linrose is not set forth in this Model C rcfrnance_ The administrative procedure, civil proceeding, or combination of both should be tailored to the needs of your community and must imply with the basic requirements of due process (rice to retailer and an opporunity to he heard). ChangeLab Solutions can assist in creating a procedure for suspension of ficenses that is appropriate for your communky_ A plea of "no oontesr or'nalo contendwe is usually used by a defendant to prevent having a "guilty" plea used against them in a ausequent melt suit This provision puts a Tobacco Retailer an notice that even a 'no contest' plea can sfill be used to estabroft a licensing violation and will recall in the suspension of the retailer's Tobacco Retailer license. Preoederd exists in California state law for considering a "no oonte& plea in rehfim to a license (see, eg, Califomia Business and Professk s Cade Section 5003 regarding CPA licenses). Mote that a'no content" plea can be used only to suspend a ficenre, not to impose any other enforcement provWxxis pmvided in this Ordinance. ff imposing additio ial enforcement provisions is desired (eg, imposing a civil fine), the city or county will need to prove that the underlying violation ocourred and not rely on the "no oonMsf plea as conclusive evidence of a violation- (1) Upon a finding by the Dgwtme>at of a first violation of this [ article ! S ] at a location within any [ five-year (5) 1 period, the license shall be suspended for [ 30 ] days. (2) Upon a finding by the Department of a second violation of this [ article f chanter ] at a location within any [ five-year (5) ] period, the license shall be suspended for [ nine 90 ] days. (3) Upon a finding by the Department of a third violation of this [ article 1 ] at a location within aay [ ve- ] period, the license shall be suspended for [ one 1 ] year. (4) Upon a finding by the Depart3aaemt of four or more violations of this [ article f ch® ] ata location within any [ five-year (5) } period, the license shall be revoked GChaftgeLabSolutions COMMENT ON YOUTH PENALTIES AND DECOYS: This provision clarifies that this Mabel Ordinance does not penalize youth who purr , use, or possess Tobaaoo Products or Tobacco Paraphernalia. RaM r, the Model Ordinance penalizes otdy Tobaoca Retailers who sell Tobacco Products or Tobacco Paraphernalia to individuals under 21 years old. Individuals under the age of 21 must, however, continue to abide by all generally applicable laws, such as local smokefree ordinances. that apply to everyone regardless of age. Any jurisdiction that currently penalires underage youth who purchase, use, or possess Tobacco Products or Tobacco paraphernalia should repeal such penalties. ChangeLab Sotufions and other leading tobacco control oraenizations strongly reCorrrrrrend agains# ern adoption or errfomement of laws penakft youth who purchase, use, or possess Tobacco Products or Tobacco Paraphernalia (commcnoy referred to as'Ymith PUP Laws'). Evidence demonMrates that well - enforced laws targeting Tabaoav Retailers provide greater public health benefits than Youth PUP Laws. Moreover, studies show that Youth PUP Laws only minimally affect tobacco use, and prioritizing enforcement of other tobacco control Maws can more effecthmly reduce youth access to Tobacco Products. Finally, Youth PUP Laws rare significant egtaty concerns because their enforcement often c1lispropartionately affects youth of color. Previous versions of this Mo" Ordinance included a sodion granting immunity to youth that parftated in youth decoy (sting') operations. In 2U16, Oardorniaa kcreased the minimum legal saFes age for Tobww Products and Tobacco PwWhernatia to 21 and repealed the sate law that penalized youth who purchase or possess such products. In ottrer words, current Calddmia state law penalizes only individuals or finesses that sell, give, or furnish Tobacco Products or Tobacco Paraphernalia to youth, not the youM who receive or possess such products. Because there are no state law restrichm or penalties for youth who purchase or possess Tobacco Products or Tobacca ParaplhernaW local jurisdictions generally do riot need to provide immunity to youth parWpating in enforcement operations. However, art exception applies to communities that have adapted local laws prohibiting youth from pwrlh ing or pasgessing Tobacco Products or Tobacco Paraphernalia. Local c mmunities with laws pe►talQ� youth for purchasing ar possessing Tobacco Products or Tobacco Paraphernalia should continue to include provisions granting irnrnunity to youM who parWipate in enforcement operations, Alternatively, the local community could align with evidence -based bast practices by repealing youth purchase and pos ssion penalties. Please comae Changpel.ab SaMions for assi5tanw if your ccnmunity has questions about Youth PUP Laws, including questions about how to repeat existing Youth PUP kws, or questions about granting wrimun►hy to youth who participate in enfarcernent operations Sec. [— (-13) ]. SUSPENSION OR REVOCATION OF LICENSE, (a) SUSPENSION OR REVOCATION OF LICENSE FOR VIOLA'1710N. In addition to auy other penalty authorized by law, a Tobacco Relailer's !license shall be suspended or ChangeLab Solutions COMMENT: It is important to designate who wall mcnNor Tobacco Retaiilers' compliance with this Ordinance. Exptic fitly naming the Depa rbnant responsible for kwpections helps ensure that the Ordinance will be enforced. Historically, many carnrnunities have focused their impec6ons on youth access h wvs intended to reduce the Sale of Tobacco Produgs to your. Communities can also conduct inspections W determine compliance with a range of lays rely ft to the point-of-eale_ For example. a oommunity that has adopted this Model Ordinance could Inspect Tdba= Retailers for oq l"lance with restrictions on the Sale of Flavored Tobacco Products, minimum Pacliage see and price requhmerft and restrictions on the off -site Sale of Tobacco Products and Tobacco Paraphernalia (le, Sales at a location that does not have a valid Tobacco Retailer license issued pursuant to this Ordirranoe)- (b) The Department shall [ (*see note on counties below) J inspect each Tobacco Retailer at least [ three Q ] times per twelve (12) mouth period. Nothing in this paragraph shall create a right of action in any licensee or other Person against the [ QAy / County I or its agents. COMMENT: Proviiding a minimum numbw of invectimis helps ensure some level of enforcement. One to four inspeelions per Year may be appropriate depending on the number of Tobacco Retailers in a coanmunity and the level of funding estabfrshed throuo the license fee. Communities with a lame number of retailers may wish to inspect a subset of retaters that are selected either randomly or based on past viOafions and complaints. `Note that counties Iilc* may not direcHy mandate that the county sheriff ewwuct inspections. Hawever, a county can provide dedicated fundN to the sheriff that can be used only to oxWuct inspeelforws. If this is desired, replace the IM sentenoe in subsection (b) With: "The Depart nfent shall be funded to inspect each Tobacco Retailer at least [ throe (3) ) times per twelve (12) month period_" AltemaUvely, the county could oonuact for enkmxnent artd inspections. Clues, an the other hand, can directly mandate that a certain city law enforce. rent agency conduct inspections. (c) The [ city Council 1 Doarri of 5 ] of the [City /g= ] of t ] does not intend and nothing in this [ article 1 chapter ] shall be interpreted to penalize the purchase, use, possession, or attempted purchase, use, or possession of Tobacco Products or Tobacco Paraphernalia by Persons under twenty-one }rears of age; provided, bowever, that Persons under twenty-one years of age remain subject to generally applicable laws regulating such conduct without respect to the Person's age. ChangeLab 501LAiWIT 0 COMMENT: h is lavdul to impose a fee on applicants in an amount sufficient to offset the cast of the entire Tobacco Retailer enforcement prograrn of roe IocaNty. Sinclair Paint Co. v. Board of t=qualize on, i5 Cal. 4th 8W (1997), GrMM v. City of Sarrfa Cam, 247 Gal. App_ 4th 982 (2012). The license fee can incorporate the cost of enforcing all tobacco laws related to Tobacco Retailing because a violation of any tobaow4ellated law is a basis for suspension of a license_ For example, if the entwdrig agency is the police department, a new poles officer cmid be hired for Tobacco Retailer errkm ntent a vifies and a percentage of the cast of the dire could be inck dm in the flee so tong as the same perowAage of the offs s efforts are used to monitor and enforce ficense-related tobacco lam. One approach W setting the fft is to estirnate the ant of administration and enforcement of the Iimnsing program. For example, estimate the number of stores in the city or county and how much time it will twice a goverhrr nt employee to revaew applications and issue licenses. The fraction of that ei nplcyaWs time can thert be used to calculate the annual cost of license administration, based on the cost of that employee's salary, benefits, and his or her share of administrative oves#tead. such as rent, irtstuance, legal advice, etc. As for enforcement costs, calculate, for example, haw many yearly inspections are rosary (id+eaffy one to fax per retailer) and how much staff time each inspection demands. Ft is important to document these calculat6om for two reasons: to provide support for the fee amount and to refirte a legal challenge claiming the fee exceeds the cost of administration and enforcement. Sudgelattig for a local Tobacco Retailer Lkerne Fee in Caldomia, available at wwtiv.charrge�atxsolutrarrs.org�p�r6lrcatiortsfii l4ee-calculatbr�hecfd0ist, is a checklist designed to help jurisdictions think through all the costs of implemerft and enforcing a Tobacco Retailer licensing ordinance. Changel..ab Solu ions has alto developed an online Tobaoeo Retailer license fee calculator. available at www_c .orgltobaoaa-cgrr -fee-calculator. Additional guidance on cat uWdng a fee can also be found in the GnI to coca cif above. Note that the city or county can avoid having to calculate staff time by mandating that a set amount of time, eg, 15 hours a Week, shall be spent on license enforcement acfii * (including enforcing the toba{,5co laws that give rise to a license violation). New staff f could be hired to meet this mandate and the cast coWd be inoorpmated into the license fee. Sec. [ (*12) ]. COMPLIANCE MONITORING. (a) Compliance with this [ article ! chapter ] shall he monitored by the Department. in addition, any Peace olr may enforce the pettai provisions of #his I ati 4e 1 The [ C ! ] may designate additional Persons to monitor compliance with this [ article l r� I ChangeLabSolutions ra COMMENT: This subsection prevents sh m Iransters of mvnemhip *am defeating the effect of past violations. For example, if a Tobacco Retailers found in violatron of the Licensing law subsequently transfers ownership to a farniiy member, and if the farnily member also violates the Ordinwxp, it wputd be counted as the second violation, not the first. Sec- [ (*10)1. LICENSE CONVEYS A L MITED, CONDMONAL FRIV XGE. Nothing in this [ article /&bU= ] shall be construed to grant any Person obtaining and maintaining a Tobacco Retailer's license any status or right other than the limited conditional privilege to act as a Tobacco Retailer at the location in the [ C r ! Cg ] identified on the face of the pmuut. Nothing in this [ article ! eg�yjrr 7 shall be construed to ruder inapplicable, supersede, or apply in lieu ❑f, any other provision of applicable law, including, but not limited to: (a) any provision of this code [ including without limitation the [ eg, zoning ordirraince, building codes, and business license tax ordinance ] ]; and/or (b) any condition or limitation on smoking in an enclosed place of employment p,lvnmt to California Labor Code section 6404.5. Obtaining a Tobacco Retailer's license does not make the retailer a `detail or wholesale tobacco shop" for the purposes of California Labor Code section 6404.5. COMM ENT. This section makes deer that granting a Tobacco Retailer license does nX affect a Tobacco Retailers status under other local, state, or federal law_ For example, obtaining a local license does not transform a business Ito a 'Mail or wholesale tobacco shop' in which smoking is allowed pursuant to Calffo nia Labor Cade Section 64DC& The retenmae to zoning, built ng, and business tax licensing ordinanoes is intended to allow each community to enforce all of its focal regula#ons and to not allow a Tobacco Retailer to claim that they reasonably believed Mat a Tobacco Retailer's I icense was al Vwd was needed to do business in a given location. Tailor the list as appropriate. Sec. [ (*It) [. FEE FOR LICENSE. The fee to issue or to renew a Tobacco Retailer's license shall be established from time to time by resolution of the [ City Council I Board of Supervisors ]- The fee skull be calculated so as to recover the cost of administration and enforcement of this article / chanfgfl, including, for example, issuing a license, administering the liceww program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this [ article !chanter ]- All fees and interest upon proceeds of fees shall be used exclusively to fund the program_ Fees are nonrefundable except as may be required by law. ChangeLab Solutions 0 (b) f:7CPT UON OF LICEENSE. A Tobacco Retailer's license that is not timely renewed shall expire at the end of its term. To renew a license not timely renewed pursuant to subparagraph (a), the Proprietor mast_ (1) submit the license lee and application renewal form; and (2) submit a signed affidavit affuming that the Proprietor: (i) has not sold and will not Sell any Tobacco Product or Tobacco ParWherrtalia after the license expiration date and before the license is renewed; or (6) has waited the period of time required by Section [ (* 14)(a) ] of this [ article 1 cU= I for Tobacco Retailing without a valid License before swking renewal of the license. Sec. j (*9)1. UCENSES NONTRANSFERABLE. (a) A Tobacco Retailer's license way not be transferred From one Person to another cr from one location to another. A new Tobacco Retailer's lieetise is required whenever a Tobacco Retailing location has a change in Proprietor(s)- COMMENT: This subsection mires a new Tdba= Retailer lcense kw any change in ownership. for example, it a Proprietor to whom a fiaense has beers Issued d3anges business !)cations, that Proprietor mast apply for a new kense prior to ae ft as a Tobacco Retailer at the new location. Or, if the business is sold or otherwise b ansieared to a new owner, the new owner must apply for a license for that toc.adon before acting as a Tobaoco Reta4ar. (b) Notwithstanding any other provision of this [ arficlie / �t ], prior violations at a location shall continue to be counted against a location and license ineligibility periods shall contialle to apply to a location unless: (1) the loon#ion has been transferred to new Pmprietar(s) in an Arm's Length Transaction; and (2) the new Proprietor(s) provide the [ Ci r / , g, ] with clear and convincing evidence that the oew Proprietors) have acquired or are acquiring the location in an Anrn's Length Transaction_ n ChangeLabSolutions (d) The application seeks authorization for Tobacco Retailing that is prohibited pursuant to this [ article / (eg, mobile ding)j, that is unlawful pursuant to this Code I including without limitation the [ eg, z2=a ordina . ba*l U� code. and businesl license tax ordinance I ], or that is unlawful pursuant to any other law. COMMENT. This section makes issuance of licenses a manddory, ministerial duty of staff unless substantial evidence can he shown supporting one of the four pusfifiratians for denial of the license. "S bstantial evidence' referred to in this section is oral at written evidence v4thin the city's or county's records that is suffrc entry reliable and persuasive that a court will accept tt The usual test is that it must be the kind of evidence upon which responsible people rely in maWN important Business, personal, and other decisions. The fechrricaf rules of evidence used for court proceedings do not apply, Providing evidence of the bases for denial under subsections (b) and (c) should be simple and can take the farm of a memo f m Department staff or tram staff members, who maintain the records of suspensions and revocations. Proving that an application cmtaira false inlionnation will be more d'rfficu t and require greater attention to flu quality of eviderwe (ie, its persvar* vemss and reliability). 9 oral evidence is to be relied upon, such as cfti;r" complai ts, it should Be reduced to wriong, as by a staff memo to the file. Although a Gaense technically should not be issued if prohVied else fhfe in the city or county code, it is valuable to rmike rote of the other ordhwx es staff should consider under subsection (d). For example, if the code contains a zoning or conditional use permit ordMance affecting Tobacco Retailers, the licensing wdinanm should refer to fk directly to assist staff in iEnplemenft the ordinance. It is also helpful to cite build'arg codes (to ensure the strudwe has been penv tfed) and any business ficense tax (to ensure that thm taxes are also paid) - Sec. [ (11)1. LICENSE 1tT1+ NEWAL AND EXPIRATION. (a) RENEWAL OF LICENSE_ A Tobacco Retailer's license is invalid if the appropriate fee has not been timely paid in full or if the term of the license has expired The term of a Tobacco Retailer license is [one year }. Each Tobacco Retailer shall apply for the renewal of their Tobacco Retailer's license and submit the license fee no later than [ jhirty (30) ] days prior to expiration of the term. COMMENT: The payment hewn of licenses is a matter for local policy. if this Ordinance is adapted as an amerhdment lmo a local buskhess license ordinance, marry administrative details, such as the tart of Iloen►ses, may be covered by the existling license ordinance. ChangeLabSolutions -COMMENT_ This is an irnportant provision because it rues a Toba= Retailer to disclose past violations, which will Wtake it easier for adrninistrative and enforcement staff to determine if the appiio Wn requires closer scrutiny. Kthe -retailer does not dmtose past violabarm and a license is issued, the license can be revoked as soon► as the past violations are discovered pursuant to Section `1 t (c) below. (6) Such, other mformation as the Department deems necessary for the administration or enforcement of this [ article 1 Sb= ] as specified on the application farm required by this section. COMMENT' This requirement authorizes administrative and enforcement staff to establish appficafion forms d at require various types at information to aid effective operation and enforcement of the ordinance. For example, tt may be useful to include in the application a statement, perhaps made under penalty of perjury, that the applicant fras WnUari d himself or herself with the kVW Tequiremenis applicable to Tobacco Retailing. ft would, of courser he helprul to provide written information about those requirements to gme who apply for a license. (b) A licensed Tobacco Retailer stroll inform the Department in writing of any change in the information submitted on an application for a Tobacco Retailer's license within i ten J business days of a change. (c) All infomm}tifln specified in an application pursuant to this section shall be subject to disclosure under the California Public Records Act (California Government Cade section 6250 et seq.) of any other appjicable law. Sec. [ (*7)1. ISSUANCE OF LICENSE_ Upon the r ipt of complete application for a Tobacco Retailer's license and the license fee re€lnir by this [ article l ch=1, the Department shall issue a license unless substantial evidence demomtrates that one or more of the following bases for denial exists: (a) The infortwtion presented in the application is inaccurate or false. Intentionally supplying inaccurate or false information shall be a violation of this [ article 1 1; (b) The application seeb autherixa►tion for Tobacco Retailing at a location for which this [ article 1 Ee 1 prohibits a licensed to be issued; (c) The application seeks authorization for Tobacco Retailing for a Proprietor to whom this [ article / chalpter ] prohibits a license to be issued and/or ` ChangeLab Solutions COMMENT: Please see the optional Plug in Movisions available (ram ChangeLab Solutkwo far fs rrther firn*r. on efrgibility for a Tobww Retailer license. Sec_ [ (-6)1. APPLICATION PROCEDURE. (a) Application for a Tobacco Retailer's license shall be submitted in the name of each Proprietor proposing to conduct retail tobacco Sales and shall be sighed by each Proprietor or an authorized agent thereof. It is the responsibility of each Proprietor to be informed regarding all laws applicable to Tobacco Retailing, including those laws affecting the iasanwa of Tobacco Retailer's license_ No Proprietor may rely on the issuance of a license as a deternivation by the I UY l County I that the Proprietor has complied with all laws applicable to Tobacco Retailing. A license issued contrary to this [ article / chi ), contrary to any other law, or on the basis of false or misleading information supplied by a Proprietor shall be revoked pursuant to Section [ (* 13)(c) j of this [ article 1 1. Nothing in this [ article/ ]shall be construed to vest in any Person ohta and maintaining a Tobacco Retailer's license any status or right to act as a Tobacco Retailer in contravention of any provision of law. All applications shall be submitted on a form supplied by the Department and shall contain the fallowing information: (1) The name, address, and telephone u mber of each Proprietor of the business seeking a license. (2) The bus -mess name, address, and telephone number of the single fixed location for which a license is sought. (3) A single name and wailing address authorized by each Proprietor to receive all communications and notices (the "Authorized Address") required by, authorized by, or convenient to the enforcement of this [ art c 1 chaster 1, If an Authorized Address is not supplied, each Proprietor shall he understood to cvnseut to the provision of notice at the business address specified in subparagraph (2) above. (4) Proof that the location for which a Tobacco Retailer's license is sought has been issued a valid stage license for the Sale of Tobacco Products, if the Tobacco Retailer Sells products that require such license. (5) Whether or not any Proprietor or any agent of the Proprietor has admitted violating, or has been found to have violated, this [ article 1 I and, if so, the dates and locations of all such violations within the previous five years. k, ColangeLabSalutions (i)-Notwithstanhing subsections (e) through (g), a Tobacco Retailer operating lawfully on the date this ordinance is adopted that would odmwise be eligible for a Tobacco Retailer license for the location for which a license is sought may receive or renew a license for that location so long as all of the following conditions are met- (1) The license is timely obtained and is renewed without lapse or permanent revocation (as opposed to temporary suspension); (2) The Tobacco Retailer is not closed for business or otherwise suspends Tobacco Retailing for more than sixty (60) consecutive days; (3) The Tobacco Retailer does not substantially change the business premases or business operatiom A substantial change to the business operation includes, but is not tiniited to, the traasfening of a location: i. to a new Proprietor(s) in an Arm's Length Transaction; or ii. for which a sipm cant purpose is avoiding the effect of violations of this [ MiLike / t 1; and (4) The Tobacco Retailer retains the right to operate tinder all other applicable laws- (5) If the [ Ci 1 Cow ] determines that a Tobacco Retailer has substantially changed their business premises or operation and the Tobacco Retailer disputes this determination, the Tobacco Retailer bears the burden ofprDvmg by a preponderance of evidence that such change(s) do not constitute a substantiat change. COMMEWf: A Tobacco Retailer lawfully operating on the date this ordinance is adopted and who meets the conditions enumerated in this subset may continue to renew #lair Tobacco Retailer license relpirdless of their proximity to other Tobacco Retailerrp, proximity to Cannabis Retailers, or the total number of Tobacco Retailers licensed in the jurisdic0on. A Tobacco Retailer will fuse this "grarxdfathered" stabas if they, for example, dose that` business or suspwd Tobam Retailing kw rt we than sixty (60) conseahve days- They will also Inse their grandfatlteft status if they substantially change the business premises or operations- For these purposes, a substanUl charwge to the business apanifiGn includes the transfer of the business in an Amw4A rtgt#t Transaefion. However, so long as the transfer is not interacted to avoid #ire effects of violoWns of this Ordinance, a Tobacco Retailer will W lose their grandiNathered status for tarmferrirtg the bLsir►ess to a relative ar related companies or partners_ 0) [ e City or Cowry may wish to add othex desired limits.) I 0 (1141"111 Chang el.abSolutions (1) The total number of Tobacco Retailer licenses within the [ K rr / ] shall be limited to one for each [ 2,500 ], or fraction thereof, inhabitants of the [ City I I COMMENT: Statewide. flare is approAmately one Tobacco Retailer Ibr every 1,000 people. This provision provides a default of one Tobacm Retailer for every 2,500 pule to reduce retailer density below the current statewide average. Setting the benchmark at 2.5W also makes the number of Tobaeon Railers in a cornmunily consistent with the number of ofif alcohol retailers. A community will need to compare its population wrih the current number of Tobaoca Retailers to determirm whether the suggested benchrreark will result in a reduction in reWlers. (2) For the purposes of this subsection, the total popubtion of the [ C& 1 ] shall be determined by the most ciurent published total available from the [3.5. Census bureau or the California State Department of Firince, whichever has been more recently updated, as of the date the license application is filed. COMMENT- This subsection is similar to Cal"ifnmia Business and Professinns Code Ser#!o' n 23817.9, wttiich diodes how the populafm will be measured to assist in determining the number of off -sale beer and wine retailers in a Ic munity. (3) No new license may be issued to authorize Tobacco Retailing if the number of: Tobacco Retailer licenses already issued equals or exceeds the total number authorized pursuant to subsection (1). (h) A Tobacco Retailer operating lawfully on the date this ordinance is adopted that is ineligible to receive or renew a Tobacco Retailer's license for a location pursuant to subsections (c) or (d) above, and any Tobacco Retailer operating lawfully that becomes ineligible to receive or renew a Tobacco Retailer's license due to the creation of a new Youth -Populated Area, may apply for and receive a one -tinge, non-renewable license for the location pursuant to the standard licensing application procedure. COMMENT: TWs subsection addresses the status of existing Tobacco Retailers that contokn a pharmacy or are located too close to a Yordil Populated Area. A Tobaacdo Retailler lawfully weraUng on the date this ordinance is adapted that becomes ineligible to rerww their Tobacco Retailer kv se because the store contains a pharmacy or is loe med too close to a Youth-Populiated Area may receive a one-time, rein -renewable Tobaoco Retailer license. k- (; ChangeLabSolutions parcel on whieb the applicant's business is located to the nearest point of the property line of the parcel on which an existing licensee's business is located. COMMENT: A high density of Tobacco Retailers has been associated with increased smking rates, parficuWiy among youth, and studies show that the number of Tobacco Retailers in urxderserved areas is disproperhorrately high. This subsection limits the proximity of new Tobacco Retailers to exfMng Tobacco Retailers. Under Section *5(i), existing Tobacco Retailers are "grandbtlrered' regardless of ttwr distance from other Tobacco Retailers. However, a Tobacco Retailer will lase their gran dfathered status if they fail fn meet the omditions enumerated in Seebon *5(i). The distmue between Tobacco Retailers should be determined based on the needs of your ommnuWrty+ and the tomdon of existing Tobacco Retailers. For example, a community that wants no more than one Tobacco Retailer per dirty black oould examine whether a 50CLfbat buffer zonebehveen milers would sofficimtty control the density of retailers_ The density of existing Tobacco Retade rs may vary signficantly throughout a city or ommty. This pswision could! be furore, tailored W ymw ownrnunity's needs by rest iang Tobacco Retailer density in specr7red areas or neighborhoods_ (f) PRO INf 1'Y TO CANNABIS RETA LERS_ No license may issue, and no existing license may be renewed, to authorize Tobacco Retailing within. [ five hundred (500)0 � feet of a Cannabis retailer as measured by a straight line from the nearest point of the property line of the parrcel on which the applicant's business is located to the nearest point of the property line of the parcel on which an existing Caumbis Retailer is located. For the purposes of this subsection, "Cannabis Retailer" reams any retail establishment in which Cannabbis or Cannabis Products are Sold or offered for Sale to Persons that do not hold a license to engage in Commercial Cannabis Activity issued by the State of Ca.iifbrma in accordance with the Business and Professions Cade. COMMENT; This subsection requires that Tobaoca Retailers be located a specified minirnurn distance from existing businesses that Sefi Cannabis or Cannabis Products to Consumers ("Cannabis Retailers`). Under Section *5(i), exristng Tobacco Retailers are "grandfathereT regardless of their distance from a Cannabis Retailer. Howa%w, a Tobacco Retailer will lase dwi.r grandfarttrer+ed status if #key fait to meet the conditions enumerated in l Section -5(i). i { j POPS L ATION AND DENSITY. The issuing of Tobacco Retailer licenses is limited as follows: 0 PUBLIC HEALTH LAW CENTER ,a rn4wniwnJn. sea.laf law An ierilew Li.mg Asso6uWon. CakhXrkla authority to al I tobacco products, The model ordinance offers cities and counties a variety of options to tailor this policy to meet the needs of their communities.* The model ordinance is based on an independent and objective analysis of the relevant law, evidence, and availabie data. Readers should consider all the evidence and decide for themselves which approach is appropriate for their local jurisdiction. .,w,w Customizing the Ordinance becember 2020 Context boxes are included throughout the ordinance to explain some key provisions. These boxes are not meant to be included in any final ordinance. A city wishing to adopt all or part of this ordinance should keep this in mind and remove the context boxes. In Borne instances, blanks (such as } prompt you to customize the language to fit your community's needs. In other instances, the ordinance offers you a choice of options (such as [ choice one/choice two 1}. Some options are followed by a comment that describes the legal provisions in more detail. A degree of customization is always necessary to make sure the ordinance is consistent with a corinmunity's existing laws. Such customization also ensures that communities are using this model ordinance to address local needs and engender health equity. Avrw Tips for Using This Model Ordinance The best possible world is one without the death and health fear ms associated with commercial tobacco use.t Communities differ on their readiness and willingness to adopt certain tobacc❑ control polities that are intended to help make that world a reality. Accordingly, this model ordinance represents a balance between state and federal minimum standards, best public health policy practices, and practicality for city governments in California. This model ordinance contains several policy components that communities may or may not choose to adopt at this time that may go beyond minimum state and federal requirements. ' This model ordinance uses'community" as s1horthand tar a genup of peopirwho will be impacted either dlretlly OF inch cNy, by a proposed [hangemakirrg strategy. People in a ournmun4 (D are in a particular geographic area like a neighborhood or jurisdiction, anchor(2) s 'e a common identity ar characteristic. t the Public Health Law Center recognizes that traditional and commercial tobacco are different in the ways they are planted grown, harvested, and used. Traditlor+al tobacco is and has been used in sacred ways by Indi$enaus carnox"- ties and tribes for centuries. comparatively, commerdal tobacco is manufatturtd with chemical addites for recre- ational use and profit, resulting in disease and death. For more intnrr alfl6n, visit. http'//www.keepitsacred.iirftror& When the word "tobacco" is used throughout this document, a convnercial context Is implied and intended. wwwr.pubJithealth�awceater.orgfealtabacec Cornprfhertslve Tobapcc* Retailer Llt&nslttg Ordinanca PUBLIC HEALT11 American LAW CENTER L.unig Association. ,et Piw&-MK-t&-%dPdo1 Law t Wkwnl* While the Public Health Law Center does not lobby, advocate, or directly represent communities, we can provide assistance through our publications and referrals to experts in the field. Education, stakeholder and community engagement, and a strong advocacy plait are key steps in: the adoption of effective tobacco control policies, if a community is unaware of the resources available to it for engaging the community and developing an advocacy plan, or if a city is considering adopting an ordinance and is interested in learning about the range of resources available, please contact the Pubfic Health Law Center If you have any questions about this ordinance, you can reach us at www.publicheatthlawcenterorg. �e�e�e�r xoxa This publication was prepared by the Public Health Lava Centex, a nanpraiit oqpnization that provides information and legal technicat assistance on issues related to public health. The Center does riot provide legal representation oradvice. ne information in this document should not he considered legal advice. This model or4nancewas made possible by funds recewed from Grant Number 1:9.10229 with the California Department of PutAic Health, Ca lifur6a Tobacco Control Program, and the American Lung Association in California, K s� --I www.pub4ichoalthlowearner.org/Calfkabaeca Compr6b4mlivoTabacceReUH4sLiconsfngOrd1lnonae 31 PUBLIC HEALTH American LAW CENTER Lung Associatkwu ,•� December 2020 N ORDINANCE OF THE [ city/county ] OF insert jurisdiction nanie J REGULATING TOBACCO PRODUCT SALES, REQUIRING, THE LICENSURE OF TOBACCO RETAILERS, AND AMENDING THE I Insert Jurisdiction Dame } MUNICIPAL CODE The( city council of the city/board of supervisors of the county I of( insert jurisdiction narne ] does ordain as follows: Note This is introductory boilerplate language that should be adapted to the conventiona I form used in the jurisdiction. SECTION 1. [ See Appendix A: Findings] N ote The findings section is part of the ordinance and legislative record, but it usually doe's not became codified in the municipal code. An ordinance based on this model ordinance should include findings of fact — data, statistics, relevant epidemiological information, for instance —that support the purposes of this ordinance, as well as any legal precedent that directly supports the ordinance. In addition to serving an educational purpose and building support for the ordinance, the findings can also serve a legal purpose. If the ordinance is challenged in court, the findings are an admissible record of the factuaI determinations made by the legislative body when considering the ordinance, Courts will generally defer to legislative determinations of factual issues, which often influence legal conclusions. A list of findings supporting this model ordinance appears in'"Appendix A: Findings." Jurisdictions may select findings from that list to insert here, along with additional findings on local or regional conditions, outcomes, and issues that help make the case for the law. SECTION It. [ article/section ] of the County/City Code is hereby amended to read as follows: Sec. ('1` DEFINITIONS. The following words and phrases, whenever used in this f art icle/chapter 1 shal I have the meanings defined in this section unless the context Clearly requires otherwise: www. public heall blow centei.aig}caltobacca Comprehensive Tobacco Retailor Licensing Grdinanco PUBLIC HEALTH American LAW CENTER Lung Association. dMX—AMM,16-*ChWlarla* CO—W December 2020 ...... ............. (A) 'Arms Length Transaction" means a sale in good faith and for valuable consideration that reflects the fair market value between two informed and willing parties, neither of which is under any compulsion t a partici pate in the transartion, (B) "Cannabis" has the meaning set forth in California Business and Professions Code Section 26001, as that section may be amended from time to time. (C) "Cannabis Product" has the meaning set forth in California Business and Professions Code Section 26001, as that section may be amended from time to time. (b) "Cannabis Retailer" means any retail establishment inlwhich cannabis orcanrsabis products are sold or offered far sale to persons that do not hold a license to engage in commercial cannabis activity issued by the State of California) in accordance with the business and Professions Code Section 26000 et seq., as that section may be amended from time to time. (E) "Child -Resistant Pack4ng" means packaging that meets the definition set forth in Code of federal Regulations, title 16, section 1700.15(b), as in effect on January 1, 2015, and was tested in accordance with the method described in Cede of federal Regulations, title 16, section 1700,20, as in effect an January 1, 2015. (F) "Cigar" means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing more than 4.5 pounds per thousand. (G) "Cigarette" means: (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and (2) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described herein. (hl) "Compliance checks" means systems the department uses to investigate and ensure that tobacco retailers are following and complying with the requirernents of this [ article/ c•,apter I_ Compliance checks may involve the use of persons between the ages of 18 and 20 who purchase or attempt to purchase tobacco products, Compliance checks may also be conducted by the department or other units of government for educational, research, and training purposes or for investigating or enforcing federal, state, or local laws and regulations relating to tobacco products. (1) "Coupon" means any voucher, rebate, card, paper, note, four), statement, ticket, image, or other issue, whether in paper, digital, or otherform, used for commercial purposesto obtain an article, product, service, or accommodation without charge or at a discounted price. www.pubIIche&IthIawcanter.org/caltobscco comprehensive lobacto Retailer Mcensing OFMnsnce PUBLIC HEALTH American LAW CENTER- Lung AsocMon. 0 Mn.Nd &_.eft C+pra"e Oeeem6*r$O2o W "Delivery sale" means the sale of any tobacco product to any person for personal consumption and not for resale when the sale is conducted by any means other than an in -person, over -tine -counter sates transaction in a tobacco retail establishment. Delivery sale includes the sale of any tobacco product when the safe is conducted by telephone, other voice transmission, marl, the internet, or app-based service. Delivery sale includes delivery by licensees or third parties by any means, including curbside pickup. (I[) "Department" means [ 6sert department name ] and any agency or person designated by the Department to eriforce or administer the provisions of this ( article/chapter ), (L) "Electronic smoking device" means any device that may be used to deliver any aerosolized or +vaporized substance to the person inhaling from the device, including, but not limited to, an e-Cigarette, e-cigar, a -pipe, nape pen, or e-hookah. Electronic smoking device includes ally component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine. Electronic smoking device does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Art. (M) "Flavored Tobacco Product" means any tobacco product that contains a taste or smell, other than the taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to, or during the consumption of, a tobacco product, includFng, but not limited to, any taste or smell relating to frult, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, molasses, or any candy, dresser#, alcoholic beverage, herb, or spice. (N) "Full Retail Price" means the price listed for a tobacco product on its packaging or on any related sheiving, advertising, or display wherethe tobacco product is sold or offered for sale, plus all applicable taxes and fees if such taxes and fees are not included in the listed price. (0) "Little Cigar" means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than 4.5 pounds per thousand. "Little Cigar" includes, but is not limited to, tobacco products known or labeled as small cigar, little cigar, or cigaril lo. (P) "Manufacturer" means any person, including any repacker or relabeler, who manufactures, fabricates, assembles, processes, or labels a tobacco product; or imports a finished tobacco product for sale or distribution into the United States. (Q) "Moveable place of business" means any form of business that is operated out of a kiosk, truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. www.publlehoaleriliiFwconter.org/caltobacco ComprohensIve Telbaceo Retaiilw LltonsFnq Ordinance PUBLIC HEALTH Amerit.w LAW CFNTEI, Lung Association. rUN Cdlornno (R) "Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity, (5) "Pharmacy" means any retail establishment in which the profession of pharmacy is practiced by a pharmacist licensed by the State of California in accordance with the Business and Professions Code and where prescription pharnmceuticals are offered for sale, regardless of whether the retail establishment sells other retail goods in addition to prescription pharmaceuticals, beCembes 2020 (T) "Proprietor" means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a 10% or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt, A ma nagerial interest shal l be deemed to exist when a person has ar shares ultimate control over the day-to-day operations of a business. (U) "Recreation Facility" means an area, place, structure, or other facility that is used either permanently or temporarily for community recreation, even though it may be used for other purposes, and includes but is not limited to a gymnasium, playing court, playing field, and swimming pool. (V) "Sale" or "Sell" means any transfer, exchange, barter, gift, offer far sale, or distribLdion for a commercial purpose in any manner or by any means whatsoever, (W) "Self -Service Display" means the open display or storage of tobacco products to a manner that is physically accessible to anyway to the general public without the assistance of the retailer or employee of the retailer and a direct face-to-face transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of seff- service display. M "Smoking" means inhaling, exhaling, burning, or carrying any lighted cr heated cigar, cigarette, or pipe, or any other lighted or heated product containing, made, or derived from nicotine" tobacco, marijuana, or other plant, whether natural or synthetic, that is intended for inhalation. "Smoking" includes Using an electronic smoking device, (Y) "Tobacco product"' means; (1) any product containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus; rAV 0 www.publichealthlawcanter.orglcaltobacco Comprehensive TobaCeo Retalier LICOnring Ord}fiance r k, PUBLIC HEALTH LAW CENTER Ar+nerican Lung Aociatiort. Cdkrrrue (2) any electrunic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or becember 2620 (3) any component, part, or accessory of (1) or (2), whether or not any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes. "Tobacco product" does not mean, drugs, devices, or combination products authorized for sale by the I.F.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act; Note Both the definition of "eledronic smoking device" and "tobacco product" in this nsodel include substances that go into an electronic smoking device regardless of whether they contain nicotine. In a jurisdiction that already regulates the commercial sale Qf cannabis products, these definitions might result in an overlapping and possibly confusing regulatory regime where certain products are cowered by both ttse tobacco and cannabis laws. The Center can provide additional language to exclude regulated cannabis products under a TRL. Q) "Tobacco Retailer" means any person who sells, offers for sale, or exchanges or offers to exchange for any form of consideration, tobacco products. This definition is without regard to the quantity of tobacco products sold, offered for sale, exchanged, or offered for exchange, (AA) "Tobacco Retailing" means engaging in the activities of a tobacco retailer, (AB) "Youth -Oriented Facility" means a parcel in the f dty/coumy 7 that is occupied by: (1) a private or public kindergarten, elementary, middle, junior high, or high school, (2) a library open to the public (3) a playground open to the public, (4) a youth center, defined as a facility where children, ages 6 to 17, inclusive, come together for programs and activities; (5) a recreation facility open to the public, defined as an area, place, structure, or other facility that is used either permanently or temporarily for community recreation, even trough it may be used for other purposes; www.publichlealthlawcankaff.offg/itaitobacieb CorrtprvhaftSlVt Tbbacce Retailer Licensing Ordinance a PUBLIC HEALTH Atrteriem LAW OEiv' EP, Lung Assoc ion• e wIWA R"r4 sd�M w L— CaMNrile (6) a park open to the public Drto all the residents of a private community, (7) a licensed child-care facility or preschool [other than a small -family day care home or a large {} -family day care Home (as defined in California Health & Safety Code 1596.7811, Sec. [ —(' ) 1. GENERAL REQUIREMENTS AND PROHIBITIONS. Qlecerteber 2020 (A) TOBACCO RETAILER'S LICENSE REQUIRED. It shall he unlawful forany person to engage in tobacco retailing in the [ city/county ] without first obtaining and maintaining a valid tobacco retaiier's license for each location at which tobacco retailing is to occur. Tobacco retailing without a valid tobacco retailer's license is a nuisance as a matter of law. (B) LAWFUL BUSINESS OPERATION. In the course of tobacco retailing or in the operation of the business or maintenance of the iocation for which a license issued, it shal I be a violation of this f article/chapter I far a licensee, or any of the licensee's agents or employees, to violate any local, state, or federa I law applicable to the sale cf tobacco products. (C) SMOKING PROHIBITED. Smoking, induding smoking for the purpose of sampling any tobacco product, is prohibited whWn the indoor area of any retail establishment licensed under this chapter, Smoking also prohibited outdoors within 25feet of any retail establishment licensed under this f article/ch:hpter 1. (D) MINIMUM LEGAL SALES AGE. No person engaged in tobacco retailing shall sell a tobacco product to a person under 21 years of age. (E) DISPLAY OF LICENSE. Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location, (F) POSITIVE IDENTIFICATION REQUIRED. No person engaged inh tobacco retailing shall sell a tobacco product to another person without first verifying by means of government - issued photographic identification► that the recipient is at least 21 years of age. (G) SELF-SERVICE DISPLAYS PROHIBITED. Tobacco retailing by means of a self-service display is prohibited. (H) ON -SITE SALES. All sales of tobacco products shall be conducted in -person in the licensed location. It shall be a vlolaVon of this [ article/cl iapter I for any tobacco retailer or any of the tobacco retailer's agents or employees to engage in the delivery sale of tobacco products or to knowingly or recklessly sell or pro►ride tobacco products to any person that intends to engage in tihe delivery sale of the tobacco product in the ( city/courity :WAV www.p4jbllchealthlawcenter.orgf caltobacce Comprehensive Tobacco Retailer Licensing brdls,anco PUBLIC HEALTH American LAW Cr-NTER. Lung Association. .9 rs.becembrr 2020 � w-.a.�. �..i a ... Sec. (`3) ]. SALE OF FLAVORED TOBACCO PRODUCTS PROHIBITED. (A) FLAVORED TOBACCO PRODUCT SALES PROHIBITED. It shall be unlawful for any tobacco retailer to sell any flavored tobacco product. (B) PRESUMPTIVE FLAVORED TOBACCO PRODUCT. A public statement or claim made or disseminated by the manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such tobacco product, that such tobacco product has a taste or smell other than tobacco shall constitute presumptive evidence that the tobacco product is a flavored tobacco product. Sec. [ V- :)1, TOBACCO PRODUCT PRICING AND PACKAGING. (A) PACKAGING AND LABELING. No tobacco retailer shall sell any tobacco product to any consumer unless the tobacco product: (1) is sold in the manufacturer's packaging intended for sale to consumers; (2) conforms to all applicable federal labeling requirements; and (3) conforms to all applicable child -resistant packaging requirements. (B) DISPLAY OF PRICE. The price of each tobacco product offered far sale shall be clearly and conspicuously displayed cn the tobacco product or on any related shelving, posting, advertising, or display at the location where the item is sold or offered for sale. (C) DISTRIBUTION OF TOBACCO SAMPLES OR PROMOTIONAL ITEMS, It is unlawful for any person to distribute free or nominally priced tobacco products. (D) PROHIBITION OF TOBACCO COUPONS AND DISCOUNTS. No tobacco retailer shall' (1) honor or redeem, or offer to honor or redeem, a coupon to al tow a consumer to purchase a tobacco product for less than the full retail price; (2) sell any tobacco product to a consumer through a multiple -package discount or otherwise provide any such product to a consumer for less than the full retail price in consideration for the purchase of any tobacco product or any other item; or (3) provide any free or discounted i#er>n to a consumer inconsideration for the purchase of any tobacco product. (E) MINIMUM PACKAGE SIZE FOR LITTLE CIGARS AND CIGARS. No tobacco retailer shall sell, (1) any little cigar unless it is sold in a pact age of at least[ 2r; I little cigars; or www.pubiichoalIhI*wcenter.orgJcsltobacco Compr*hrrkslvgzeb#cso it*taller Licensing Ordinance 10 PUBLIC HEAL` 14 Arnerlow LAW rM�ER Lung ASSOCI3tiOr1, December 2010 f (2) arty cigar unless it is sold in a package of at feast at least [ 6 ] cigars ; provided, however, that this subsection shall not apply to a cigar that has a price of at least IF W00 ] per cigar, inclining all applicable taxes a nd fees. (F) MINIMUM PRICES FOR CIGARETTES, LITTLE CIGARS, AND CIGARS- No tobacco retailer shall seal; (1) Cigarettes at a price that is less thart ( SX.00 ]per package of 20 cigarettes, including a I I applicabie taxes and flees; (2) Little cigars at a price that is less than( $X.00 ] per package of little cigars, including al I applicable taxes and fees; or (3) Cigars at a price that is less[ W00 ) per cigar, including all applicable taxes and fees. The minimum prices established in this section shall be adjusted annually by the Department in proportion with the Consumer Price Index, using a system established by the Department- N ote Indexing rninimum prices to inflation is an efficient policy that does not require decision - makers to amend the TRL annually to keep up with prevailing prices,. Jurisdictions in CalNorrria have pegged the prices to the nearest U.S. Bureau of Labor Statistics statistical area, and the language here is broad enough that a jurisdiction can take that approach or determine another effective way to adjust the prices over time, Sec. t (`S) ]. LIMITS ON ELiGIBIII.ITY FOR A TOBACCO RETAILED LICENSE. (A) MOBILE VENDING. No license may issue to autharizetobacco retailing at other than a fixed location. No tobacco retail license will be issued to a moveable place of business. (B) LICENSED CANNABIS BUSINESSES. No license may issue, and no existing license may be renewed, to authorize tobacco retailing at a location licensed for commercial cannabis activity by the State of California under Business and Professions Code Division 10. (C) PHARMACIES. No license may issue, and no existing license maybe renewed, to authorize tobacco retailing in a pharmacy, www.publichea$thlawconter.org/caitabmcco Comprehensive Tobacco Retailer Llcfnsing Ordinance 11 PUBTAO tiEALTM LAW CENTEP, d auwr rwan. s�nawl ar � American Lung Asi$ti(n. Cfiftrn a Do comber 1020 (D) PROXIMITY TO YOUTH -ORIENTED FACILITIES. No license may issue, and no existing license may be renewed, to authorize tobacco retailing within [ 1000 ] feet of a youth - oriented facility as measured by a straight lire from the nearest point of the property line of the parcel on which the youth -oriented facility is located tothe nearest point of the property line of the parcel on which the applicant's business is located. (E) PROXIMITY TO OTHER TOBACCO RETAILERS. No license may issue, and no existing license may be renewed, to authorize tobacco retailing within [ 1000 ] feet of tobacco retailer location already ficensed pursuant to this [ article/chapter ] as measured by a straight line from the nearest point of the property line of the parcel on which the applicant's business is located to the nearest point of the property line of the parcel on which an existing licensee's business is located. (F) PROXIMITY TO CANNABIS RETAILERS. Na license may issuer and no existing license may be renewed, to authorize tobacco retailing within[ 10001 feet of an existing cannabis retailer as measured by a straight line from the nearest point of the property line of the parcel on which the applicant's business is located to the nearest point of the property line of the parcel on which an existing cannabis retailer is located. Mote The three proximity limitations above would prohibit tabacco retailing within a certain distance of relevant businesses and facilhies with no grandfathering of existing licensed retailers. As a result, retail licenses for locations that do not meet these proximity limitations would not be renewable after expiring. issuing a tobacco retail license is a privilege, not a right, and jurisdictions have the authority to grant or deny tobacco retailer licenses. Accordingly, it would be unlikely for a tobacco retailer to successfully argue that refusing to renew their license is a violation of the constitutional guarantee against taking property without due process. To deal with potentW "takings" claims, Borne jurisdictions have created a hearing process for affected businesses where they can make hardship arguments and ask for additional time to sell prohibited products, allowingfor some more flexibility on a case - by -case basis and under extraordinary circumstances. (G) POPULATION AND DENS#TY. The issuing of tobacco retailer licenses is limited as follows: (1) The total number of tobacco retailer licenses within the( city/county I shall be limited to one for each [ 2,5001 inhabitants of the [ city/county -I. vwww.publlcheaIthISWCenter.org/caltobacco Comprighenslve Tobacco Retailer Licensing Ordinamet 12 PUBLIC HEALTI i Amen 1AVV CENTER Lung Association. at WM ,dNtl.JA.%*pp944 Le December 2020 (2) For the purposes of this subsection, the total population of the[ rity/county 1 shall be determined by the most current published total available from the U.S. Censers Bureau or the California State Department of Finance, whichever has been more recently updated, as of the date the license application is filed. (3) No new license may issue to authorize tobacco retailing if the number of tobacco retailer licenses already issued equals or exceeds the total number authorized pursuant to subsection (1). Sec. [ —("fi) ]. APPLICATION PROCEDURE, (A) An application for a tobacco retailer's license shall be submitted in the name of each proprietor proposing to conduct retail tobacco sales and shall be signed by each proprietor or an authorized agent thereof, All applications shall be submitted on a form supplied by the Department, (B) A license issued contrary to this[ article/chapter J, Contrary to any other law, or on the basis of false or misleading information shall be revoked pursuant to Section Q ;I of this C article/chapter 1. hdothing in this C article/chapter 1 shall he construed to vest in any person obtaining and maintaining a tobacco retailer's license any status or right to act as a tobacco retailer in contravention of any provision of law. (C) Applicant submissions shall contain the following information, (1) The name, address, and telephone number of each proprietor of the business seeking a license. (2) The business name, address, and telephone number of the locatiorr for which a license is sought (3) The name and mailing address authorized by each proprietor to receive all oommunications and notices required by, authorized by, or convenient to the enforcernent of this ( article/chapter I (4) Proof that the location for winch a tobacco retailer's licerrse is sought has been issued all necessary state licenses for the sale of tobacco products. (5) Whether or not any proprietor or any agent of the proprietor has admitted viDlarting, or has been found to have violated, this f art icie/chapter ] or any other local, state, or federal law governing the sale of tobacco products and, if so, the dates and locations of all such violations within the previous five years. www.public#iealt#ilswcenter.argfcalteb"ca Comprehensive Tobacco Retallot Liten5ing Ordilnsnce 11 PUBLIC F IEAL'i'H Arnelrkm LAW CENTER, Lang Asssociiertion. &Mmc%*H A+ escow a?uw Cal 10 December 2020 - ..... --------= (6) A signed affidavit affirming that the proprietor has not sold and will not sell any tobacco product without a license required by this - ,r#iCd%hapter 1. (7) Such other information} as the Department deems necessary for the adrninlstration or enforcement of this [ article/chapter j as specified on the application form required by th is section. (D) A licensed tobacco retailer shall inform the department in writing of any change in the information submitted on an application for a tobacco retailer's license within ( 10 1 business days of a charsge- Sec. [ ('7) ]. LICENSE ISSUANCE OR DENIAL. (A) ISSUANCE Of LICENSE. Upon the receipt of a complete and adequate application for a tobacco retailer's license and the license fee required by this f article/chapter ), the Department may approve or deny the application for a license or it may delay action for a reasanab le period of time to complete any Investigation of the application or the applicant deemed necessary. (B) DENIAL OF APPLICATION, The department may deny an application for a tobacco retailer's license based on any of the following (1) The information presented in the application is inaccurate or false. Intentionally supplying inaccurate or false information shal I be a violation of this t article/chapter lr (2) The application seeks authorization for tobacco retailing at a location for which this [ article/chapter j prohibits a licensed to be issued; (3) The application seeks authorization for tobacco retailing for a proprietor to whom this [ artieie/chapter j prohibits a license to be Issued; or (4) The application seeks authorization for tobacco retailing in a manner that is prohibited pursuant to this[ art icie/chapte r 1, that is unlawful pursuant to any other [ article/chapter ] of this Code, or that is unlawful pursuant to any other law. (5) Any other any other suitable reason the granting of a license to the applicant is not Consistent with the public health and welfare, including the applicant's history of noncompliance with this [ artic Ie/cha pter ) and other laws relating to the sale of tobacco products. www.publlchealthIawc*nter,afg/caltobacco Comprehensive Tobacco RetaNvr ilcerfsIng Ordinance 14 PUBLIC HEALTH t American µ i'kEAssockdion. aatrnber 204 Sec. � -- (*8)1. LICENSE RENEWAL AND EXPIRATION. (A) RENEWAL OF LICENSE. A tobacco retailer's license is invalid d the appropriate fee has not been timely paid in full or if the term of the license has expired, The term of a tobacco retailer license is ( I year ). Each tobacco retailer shall apply fDr the renewal of their tobacco retailer's license and submit the license tee no laterthan [ 30 ) days prior to expiration of the current license. A retailer that fails to timely submit a renewal application and fee is ineligible for license renewal and must submit a new application pursuant to Section [ _ (`c.- . Sec. [ ("9) J. LICENSES NOT TRAN FERABLE, PAST VIOLATIONS AT RETAIL LOCATION. (A) LICENSES NOT TRANSFERRABLE, A tobacco retailer's license may not be transferred from one person to another or from one Iocatbri to another A new tobacco retailer's license is required whenever a tobacco retailing location has a Change in proprietors, (B) PAST VIOLATIONS. Notwithstanding any other provision of this [ articir; /chz,-3pter •, prior violations at a location shall continue to be counted against a location and license I neligibility periods shall continue to apply to a location unless: (1) the location has been transferred to new proprietar(s) in an arm's Length transaction; and (2) the new proprietors) provide the( city/county ] with clear and convincing evidence that the new proprietar(s) have acquired the location in an arrr(s length transaction. Sec. [ T ('70) ]. LICENSE CONVEYS A LIMITED, CONDITIONAL PRIVILEGE. Nothing in this [ article/chapter ] shall be construed to grant any person obtaining and maintaining a tobacco retailer's license any status or right other than the limited conditional privilege to act as a tobacco retailer at the location in the Z City/County I identified on the face of the {permit. Nothing in this [ article%h;ipter I shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of agpiicable law. Sec. (-{*11) J. FEE FOR LICENSE. The fee to issue or to renew a tobacco retailer's license shall be established from time to time by resolution of the [ city council/board of supervisors ]. The fee shall be calculated so as to recover the total cost of administration and enforcement of this I article/chapter ], including, but not limited to, issuing a kense, administering the license program, retailer education, WWW.pubiithonithIawcenter.org/CaltobNte0 Comprehensive Tobacea Retailer LicertsIng Ordinance is PUBLIC HEALTH LAST CENTER, a Mpdrl k—a.. w— tus American Lung Association. CANNOfMIL retailer inspection and compliance Checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this f article/ chapter 1. AI I fees and interest upon proceeds of fees shall be tried exclusively to fund the program. Fees are nonrefundable except as may be required by law. Note December 2020 The California Constitution places some limits on how much a jurisdiction can charge in a fee, deeming excessive fees to be taxes that require a vote of the people. Nonetheless, without a referendum, it is lawful to impose a fee on applicants in an amount sufficient to offset the reasonable regulatory cost of the entire tobacco retailer enforcement program of the locality. Sinclair Point Co. v. Board of Equalizatiora,15 Cal. 4th 866 (1997), Griffith v. City of Santa Cruz, 207 Cal, App. 4th 982 (2012). The license fee can incorporate the cost of enforcing all tobacco laws related to tobacco retailing because a violation of any tobacco -related law is a basis for suspension of a license, The Public Health Law Center can provide fu rther information on some of the factors to consider when calculating a reasonable license fee. Sec. (_ _-- (*12-) ]. COMPLIANCE MONITORING. (A) Compliance with this[ article/chapter ] shall be monitored by the Department. In addition, the [ C ity/CoulIty .] may designate additional persons to monitor compliance with this [ article/chapter ]. All licensed premises rru,st be open to inspection by C city/ coL;nty ] staff or designated persons during regular business hours. (B) The Department shall inspect each tobacco retailer at least[ 31 times per 12 it ionth period to ensure compliance with this[ article/chapter . !Vote Subsection (b) allows for the i nspection of licensed premises to check for any violations of this ordinance or other tobacco control laws. For example, some inspections might focus on pri€ing or flavored product violations, beat preferably inspetiars would be able to review compliance with ai I applicable laws during the inspections. For more inform *Dn on challenges and case studies in enforcing TRL requirements please contact the Center. wwW.pubiith0a4thlawCtntcr.argf caltobacc0 cpmprehen#ive Tobacco Retailer Lleahsln9 Ordinance 16 PUBLIC HEALTH Ameriew LAW CENTEK Lung AssocWm. ae •4mam.. &. Sdmd Oi err CnFunm GeCemhar 2020 (C) The I, city/county 3 will conduct at least ( orle) compliance check per 12-.month period that involves the participations of persons between the ages of 18 and 20 to enter licensed premises to attempt to purchase tobacco products, Nuts This underage sales compliance provision requires a minimum of one check per year, but jurisdictions might choose to require more frequent compliance checks to ensure *onsister}t Compliance. (D) Nothing in this section shall create a right of action in any licensee or other person against the ( city/county I flr its agents. Sec. [ —('13) 1 SUSPENSION OR REVOCATION OF LICENSE. (A) SLJSP£NSION OR REVOCATION OF LICENSE FOR VIOLATION, In addition to any other penalty authorized by law, a tobacco retailer's license shall be suspended or revolted if the Department finds, based on a preponderance of the evidence, after the licensee is afforded notice and an opportunity to be heard, that the licensee, or any of the licensee's agents or employees, have violated any of the requirements, conditions, or prohibitions of this C. article/chapter 1; such violation is determined by any court of competent jurisdiction, or the licensee has pleaded guilty, "no contest" or its equivalent, or admitted to a viofaban of any law designated in Section } ....._ ('2) 1 above. (1) Upon a finding by the ❑epartrnent c f a first violation of this( article/chapter 7 at a location, the Iicense shall be suspended for [ 30 .1 days. (2) Upon a finding by the department of a second violation of this( article/chapter I at a location within any L 5 �-year period, the license shall be suspended for f 90 1 days. (3) Upon a finding by the Department of a third violation of this[ article/chapter ] at a location within any � 5 ) year period, the license shall be suspended for[ I) year. (4) Upon a finding by the Department of four or more violations of this ; article/chapter i at a location within any yea rperiod, the license shall be revoked, (B) APPEAL OF SUSPENSION OR REVOCATION, A decision of the Department to suspend or revoke a license is appealable to _ tl?e riame of appellate agency, panel, or person (for 0 x www.publlchs4ithlawcenter.orglcaltabacce tornpr•hertsiw• Tobacco Retailer Lkenstng Ordlnanca 17 PUBLIC MEALM Amerlean LAW CENTEP, Lung ASSocitation. w+ndrw.nr..mw.ler�..r Calror�a December 2020 example, Board of Supervisors, city manager, or director of the health department) ) and any appeal must be filed in writingwith f the name of the agency, panel, or person to receive the notice (for example, Board of Supervisors) f within 10 days of mailing of the [Department's decision. If such are appeal is timely made, it shall stay enforcement of the appealed action. An appeal to f the name of appellate agency, panel, or person ] is not available far a revacation made pursuant to subsection (c) below. {C) REVOCATION OF LICENSE WRONGLY ISSUED. A tobacco retailer's license shall be revoked if the Department finds, after the licensee is afforded notice and an opportunity to be heard, that One or more of the bases for denial of a license under Section [ ___..('�) ) existed at the time application was made or at any time before the license issued. The decision by the Department shall bethe final decision of the f city/county 1. Sec. [ __(*1411. TOBACCO DETAILING WITHOUT A VALID LICENSE. (A) INELIGIBLE FOR LICENSE. In addition to any other penalty authorized by law, if the Department finds, or if a court of competent jurisdiction determines, based on a preponderance of evidence after notice and an opportunity to be heard, that any person has engaged in tobacco retailing at a location without a valid tobacco retailer's license, either directly or through the person's agents or employees, the person shall be ineligible to apply for, or to be issued, a tobacco retailer's license as follows: (1) After a first violation of this section at a location, no new license may issue for the person or the Vocation ( unless ownership of the business at the location has been transferred in an arrKs length transaction), until [ 30 ) days have passed from the date of the violation. (2) After a second violation of this section at a location within any( 5 year) period, no new license may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm's length transaction), until [90 1 days have passed from the date of the violation. (3) After of a third or subsequent violation of this section at a location within any 15 year.) period, no new license may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm's length transaction), until [ 5 ) years have passed from the date of the violation. Eec. [ (*15)1. ADDITIONAL REMEDIES. (A) The remedies provided by this F article/chapter ) are cumulative and in addition to any other remedies available at law or inequity. www.pubileheslthlaWtantecOM/961tabneco Comprvheadve Tobacco RetaII*r Licensing 0rdlnante 1s PUBLIC HEALTH A mricm LAW CENTER, t Lung Association. December 702o _ (B) Whenever evidence of a violation of this ( articte%hapter a is obtained in any part through the participation of a person under the age of 18 years, such a person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this [ at ticle/chapter 1 and the alleged violation shall be adjudicated basest upon the sufficiency and persuasiveness of the evidence presented. (C) Violations of this [ article/chapter 1 are subject to a civil action brought by the [ distr ict attorney 1 or the [ county counsel 1, punishable by a civil fine not less than [ $250 i and not exceeding L $1.OU0 ] per violation. (D) Violations of this[ article/chapter ]may, in the discretion of the[ district attorney/coui,ty counsel ), be prosecuted as infractions or misdemeanors when the interests of justice so require. (E) Violations of this t article%hap ter 7 are hereby declared to be public nuisances. (F) In addition to other remedies provided by this[ arllcle/chapter 1 or by other law, any violation of this [ article/chapter ) may be remedied by a civil action brcwght by the[ district attorney/county counsel-!, including administrative of iudicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief. (G) Tobacco products offered for sale in violation of this[ article/chapter ] are subject to seizure by the Department or its designee and shall beforfeited after the licensee or any other owner of the tobacco products seized is given reasonable notice and an opportunity to demonstrate that the tobacco products were not offered for sale in violation of this [ article%halter .I. The decision by the Department may be appealed pursuant to the procedures set forth in Section [ (`13)(b) J. Forfeited tobacco products shall be destroyed and properly disposed of at the cost of the seller after all internal appeals have been exhausted and the time in which to seek judicial review pursuant to California Code of Civil procedure section 1094.6 or other applica ble law has expired without the filing of a lawSuit or, if such a suit is filed, after judgment in that suit becomes final. (H) For the purposes of the civil remedies provided in this I artacie/chapter 3: (1) Each day on which a tobacco product is distributed, said, or affered for sale in violation of this [ articlu/chapter ] shall constitute a separate violation of this I article/chapter ); and (2) Each individual tobacco product that is distributed, sold, or offered for sale in violation of this [ article/chapter 7 shall constitute a separate violation of this [ article/chapter 1. X www.pubfIchenithlawcenter.org/caIt*bacco Comprehensive Tobacco Retalter Licensing Ordinance 19 PUBLIC 111vALTH Arnerlean LAW C£NTEFL Lung ASsocWfi: n. aL M11d.1+1"r smbd a Lr Wfamw Deeember 2020 (1) All tobacco retailers are responsible for the actions of their employees relating to the sale, offer to sell, and furnishing of tobacco products at the retail location. The sale of any tobacco product by an employee shall be considered are art of the tobacco retailer. Sec. � � LL` ('1E) 1. EXCEPTIONS. (A) Nothing in this[ article%rapier 1 prevents the provision of tobacco products to any person as part of an indigenous practice or a lawfully recognized religious or spiritual ceremony or practice. (B) Nothing in this f article/c!:apter ] shall be construed to penalize the purchase, use, or possession of a tobacco product by any person not engaged in tobacco retailing. Sec. f __.._ (' 17)1. CONSTRUCTION & SEVERABILITY. It is the intent of the [ board of supervisors/city council 1 of f courfty/city ) to supplement applicable state and federal law and not to duplicate or contradict such law and this ordinance shall be construed consistently with that intention, if any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this article chapter ],or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this L article/chapter ], or its application to any other person or circumstance. The f board of suneruisors/city council j of [ jurisdiction 5 hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Sec. . PUBLIC RECORDS. All information provided to the Department by a licensee or license applicant pursuant to this [ article/chapter 1 shall be subject to disclosure under the California Public records Act (California Government Code section 6250 et seq.) or any other applicable law. SECTION Ill. EFFECTIVE DATE_ This Ordinance shall take effect and be in force from and after [ 30 days after date of enactment 1; provided, however, that Section [ __—('3)1 small not take effect until f b months after date of enactment 1, WWW.gubfichea«htawGenter,argJcaltabaceo ComprehenSIVO Tobwcco Retailer Llcens4ng brdlr,anco 20 PUBLIC HEALTI-I LAW CENTER Appendix A: Findings. American Lung Associallon. casIbmis Occember 2020 The f. city council of the city/board of supervisors of the county 1 of ( insert jurisdiction naive .] hereby finds and declares as follows: WHEREAS, the 1 city council/board of supervisors a finds that a local ficensing system for tobacco retailers is appropriate to ensure that retailers comply with tobacco control laws and business standards of the C city council/board of supervisots J, to protect the health, safety, and welfare of our residents; WHEREAS, approximately 480,000 people die in the United States frorn smoking -related diseases and exposure to secondhand smoke every year, making tobacco use the nation's leading cause of preventable death;2 WHEREAS, the World Health Organization (WF40) estimates that tobacco kills 8 million people and causes over 1,4 trillion dollars in econornic damage each year' WHEREAS, 5.6 million of today's Americans who are younger than 18 years of age are projected to die prematurely from a smoking -related illness,' WHEREAS, tobacco use is the number one cause of preventable death in California''' and continues to be an urgent public health issue, as evidenced by the tollowing: • 40,000 California adufts die from their own smoking annually,' • More than 25% of all adult cancer deaths in California are att4butabfe to smoking;'16 • Smoking casts California $13.29 billion in annual healthcare expenses., $3.58 billion in Medicaid costs caused by smoking, and $10.35 billion in smoking -caused productivity losses;°9 • Tobacco use can cause disease in nearly all of the organs of the body and is responsible for 87% of lung cancer deaths, 32%of coronary heart disease deaths, and 79% of all cases of chronic obstructive pulmonary disease in the United States;Z WHEREAS, tobacco use among priority populations in California contributes to health disparities and creates significant barriers to health equity, as evidenced by the following African American (20.4%), Asian or Pacific Islander (11.4%), and Hispanic (15.2%) males all report a higher smoking prevalence than the statewide average among all adults (11.0%);9 • American IndianfAlaska Native Californians have the highest smoking preva lence (19.1%) among all reported adult demographic po pu I at i ans;1 �s www.publlchealthhhWeenter.org/caltobacco Co-prehenslve To"Cco Retailer Licensing ordinance 21 PUBLIC HEALTH American LAW CENTER- !Dung Asoc WlJon. Capkwr" t)etomber 2626 Smoking is mere prevalent among rural (14.9%) compared to urban (10.6%) Californians' * Californians with the highest levels of educational attainment and annual household income have the lowest smoking prevalence;9 i Adults who identify as lesbian, gay, bisexual, ortransgender report smoking at a higher rate (17.4%) than the statewide average (11.0%);9 ■ Those who reported experiencing psychological distress in the past month smoke at rates (26.7%) higher than the statewide average (11.0%);4 i insert local data it available l WHEREAS, despite the state's efforts to limit youth accessto tobacco, youth are still able to access tobacco products, as evidenced by the following: + In California, research indicates over 67% of current and former adult smokers started by the age of 18 and almost 100% start by age 26,"0 In California, from 2017 to 2018, approximately 131% of high school students reported using tobacco;9 * Disparities in tobacco use exist among California high school students, with higher rates found among LGBTQ, American Indian, acid Pacific Islander youth;¢ • Unless smoking rates decliner an estimated 441,000 of all California youth who are alive today will die prematurely from smoking -related diseases;2 * in 2017, 22.8 of high whoa# students in California had tried cigarette smoking;'"' * Between 2014 and 2018, electronic smoking devioe use among California youth increased from 14.1% to 46.2%;e [ insert iocai data 4 available ) WHEREAS, the tobacco industry encourages youth and young adult tobacco initiation through predatory targeting," as evidenced by the following: * Tobacco companies target young adults ages 18 to 24 to increase their frequency of tobacco use and encourage their transition to habitual users+" • Tobacco industry documents state that if ..a man has never smoked by the age of 18, the odds are three -to -one he never will. By age 24, the odds are twenty-to-one";'ax www.pubHeheaIthIawconker.org/caltob&cc,u Comprehensive Tobacco Autaller Licensing Ordinance 22 PUBLIC HEALTH AMOrican LAW CENTEK Lung Association►, .4 k-4 t ems++. • The tobacco industry spends an estimated $496 million annually to market tobacco products to California residents;114 WHER EA5, California retailers continue to sell tobacco to underage consumers, evidenced by the following: 9.3% of high school students in California reported buying their own electronic cigarette from a stom"n December 2020 • 19_11% of California tobacco retailers unlawfully sold tobacco products to underage persons in 2018;" [ insert local data if available I WHEREAS, requiring tobacco retailers to obtain a tobacco retailer license will not unduly burden legitimate business activities of retailers who sell tobacco products to adults but will, however, allow the � city col inc Mboard of supervisors 1 to regulate the operation of lawful businesses to discourage violations of federal, state, and local tobacco control and youth tobacco access laws, as evidenced by the following: • Tobacco products are the number one seller in U.S. convenience stores, and in 2018, they generated an average of $523,084 in sales per store; " • 5ystematic scientific reviews indicate that merchant compliance with youth tobacco sales laws reduces the rate of tobacco use among adolescents;'*-Irl • Studies found increased retailer compliance and reduced tobacco sales to youth following implementation and active enforcemeiit of youth tobacco sales laws paired with penalties for violations;1'4'45 • A review of 41 California communities with strong tobacco retailer licensing ordinances found that youth sales rates declined in 40 of these communities after the ordinances were enacted, with an average 69% decrease in the youth sales rate;21 WHEREAS, thefederal 1=anni(y Smoking Prevention and Tobacco Control Act ("Tobacco Control Act'), enacted in 2009, prohibited candy- and fruit -flavored cigarettes,29 largely because these flavored products are marketed to youth and young adults,21.35,'4S and younger smokers were more likely than older smokers to have tried these products;26 WHERf=AS, nefther federal nor Califurnia state laws restrici the sale of menthol cigarettes or flavored non -cigarette tobacco products, such as cigars, cigarillos, smokeless tobacco, hoorah tobacco, electronic smoking devices, and the solutions used in these devices; www.publlthealt#�Iswc�nt r.org{G�Itobacca Camprehenslve Tobacco Retailer Licensing ordin■nce 23 PUBLIC HEALTH American LAST CENTER- Lung Association, t�ec.mber 2Qzo W MAO"a m m JM eawd nr c.�r Camara WHEREAS, in 2018, mDre than 86% of tobacco retailers in California sold flavored non - cigarette tobacco products, over 91%of tobacco retailers sold menthol cigarettes,80 and, as of 2016, 8 out of 10 tobacco retailers near schools sold flavored non -cigarette tobacco praducts;14' WHEREAS, flavored tobacco products are used by the majority of youth and young adult tobacco users (86.4% and 57.711Io, respectively) in California;" WHEREAS, mentholated and flavored products have been shown to be "starter" products for youth who begin using tobaccomm"1' and that these products help establish tobacco habits that can lead to long-term addic ion,,216AI-�' WHEREAS, between 2004 and 2014, use of non -menthol cigarettes decreased among all populations, but overall use of menthol cigarettes. increased among young adults (ages 18 to 25) and adults (ages 26+);3D WHEREAS, flavored tobacco has significant public health implications for youth and people of color as a result of targeted industry marketing strategies and product manipulation;"•2$'5Z'S3 WHEREAS, a review of advertising, promotions, and pack prices near California high schools found that "for each 10 percentage point increase in the proportion of Black students, the proportion of menthol advertising increased by 5.9% ... the odds of a Newport [a leading brand of mentholated cigarettes] promotion were 50% higher ... and the cost of Newport was 12 cents lower" There was no such association found for non -mentholated cigarettes;ls4 WHEREAS, scientific reviews by the FDA and the Tobacco Products Scientific Advisory Committee ("TPSAC") found marketing of menthol cigarettes likely increases the prevalence of smoking among the entire population, but especially among youth,AffFean Americans,' and possibly Hispanic and Latino individuals;3' and that menthol cigarettes are associated with increased initiation and progression to regular cigarette smoking, increased dependence an cigarettes, and reduced success in smoking cessation, especiaEIy among African American menthol smokers,33 WHEREAS, research indicates that the FDA ban in 2009 on all flavored cigarette products (except menthol) led to a 6% decrease in youth tobacco use and a 17% decrease in the likelihood of a youth becoming a cigarette smoker,155 WHEREAS, studies indicate that laws prohibiting the sale of flavored tobacco products lead to decreases in youth tobacco use, as evidenced by the following: www_publichealthlavdconter_orglcattobsicce cOMPrehOnOV* Tobacco Rekaiker LiConsing Ordinaneo 24 PUBLIC HEALTH Arriericm LAW CENTiEP, Lung As ociatm. in~"Ok-•---adnodyrr.,r c�fidba+�la DOPCO" *T 2020 • An evaluation of New York City's law, which prohibits the sale of all flavored tobacco, excluding menthol, indicated that as a result of the lave, youth had 37% lower odds of ever trying flavored tobacco products and 28% lower odds of ever using any type of tobacco;156 • An evaluation of a law in Providence, Rhode Island, which prohibits the sale of all flavored tobacco, excluding menthol, indicated that as a result of the law, current use of any tobacco product among high school youth declined fmm 2,2%tol2% and e-cigarette use declined from 13.3%to 6.6%, even as statewide e-cigarette use afinong high school increased to more than 20%;151 WHEREAS, the health effects of non -cigarette tobacco products such as cigars, cigarillos, smokeless tobacco, and shisha are substantial as demonstrated by research that shows that non -cigarette tobacco products have addictive levels of nicotine, harmful toxins, and dangerous carcinogens;151-'4 WHEREAS, unlike cigarette use that has steadily declined among youth, the prevalence of the use of non -cigarette tobacco products has increased among California youth;9 WHEREAS, the availability of inexpensive tobacco products leads to increased tobacco use as evidenced by more than 100 academic studies that conclusively show that when tobacco products are made more expensive, hewer people use tobacco, fewer initiate tobacco use, and more people quit tobacco use?''s° WHEREAS, research has also consistently shown that increases in cigarettes pfices will result in less smoking across various sociodernographic populations,15 WHEREAS, a systematic review by the U.S. Community Preventive Services Task Farce found that a 20% price increase would reduce demand for cigarettes by a pproxi mate I y 10,40/fl, the prevalence of adult tobacco use by 3.60A, and initiation of tobacco use by young people by &6°/v',a4 WHEREAS, unequal price increases across different types of tobacco products iead to substitution from one product to another;56m WHEREAS, youth are particularly responsive to changes in tobacco prices,2649ZIA'66and evidence suggests that tobacco companies deliberately target youth with price reductions; -6"11, ' WHEREAS, evidence also suggests that cigarettes are Cheaper in neighborhoods with lower household incornes,11101' Newport menthol cigarettes cost less in areas with higher proportions of African Americans,114 and u nderserved communities are targeted with price discaunts and coupon s;',g"' r - erg,..• www.pubiicheaithlawcerrtar.orglerltobaceo Comprehensive Tobacco Retailer Licensing 0rdlnanee 25 PUBLIC iiEAL.TH American LAW CENTER Lung AssmW Win. �+'•.� � CA&Wwa December 2020 WHEREAS, tobacco companies spud considerably to decrease the price of their products in order to counter state and local tobacco control efforts, appea I to price -sensitive consumers, and increase demand for tobacco products. For example, tobacco companies spent the majority of their cigarette marketing budgets on price discounts, accounting for nearly $6.2 billion of $8.6 billion advertising and promotional expenditures in 2018, 5"162 W EREAS, the tobacco industry's price discounting strategies, such as coupons and multiple - package discounts, are popular among consumers, with morethan half of adults using some price rnirdmization strategy.14 Coupon receipt and redemption appears more prevalent among white, younger, female, sexual minority, and more nicotine dependent smokers' In California, individuals who used price minimization strategies saved an average $1.04 per pack (or 18.6% off the total) in 2010,70 WHEREAS, AS, price -discounted sales account for a substantial proportion of overall tobacco product sales-" WHEREAS, although federal and state law ban the sale of individual cigarettes,'�Lv3 neither federal nor Calffornia state laws restrict the sale of individual little cigars and cigars; WHEREAS, many retailers sell little cigars and cigars ind ividuaily, making them more affordable and appealing to youth.' Additionally- * 78.3% of California tobacco retailers sell a popular brand of youth -friendly cigars for less than $1.000-'�9 * Between 2012 and 2016, annual sales of cigarillos increased by 78%overall and by 1550/6 for "concept -flavored" (e.g., Jazz) cigariilos;114 WHEREAS, a 10% increase in cigar prices has been associated with decreased cigar salegrF,1111 and may significantly reduce cigar use among youth,"' WHEREAS, neither federal nor California state laws Set a minimum price for tobacco products; WHEREAS, minimum price markups and related laws in other states have been shown to be effective at increasing the price of cigarettes but may remain vulnerable to price manipulation by the tobacco industry without attention to coupons and discounts;12 WHEREAS, studies have estimated that if price discounts were prohibited across the Untied States, the number of people who smoke would decrease by more than 13%,40the impact of a $10 federal minimum floor pricefor cigarettes could reduce the number of packs soldinthe United States by 5.7bitlion per year and prompt ,,core than 10 million smokers to quit;18 and that a state -level minimum floor price law designed to raise the average price of cigarette a. www.publichtalthlowtontbr.arg/caitobacco Comprthansi►re Tobacco Retailer Licensing Ordinance 26 PUBLIC HEALTI-i American LAW C<;ENT>E K Lung Ass=hAk r1. ■kFQWWHio9dw.fd*AOpt— Cadlkwnie Decembeir 2029 packs by just under $2.00 could decrease the prevalence of cigarette use and consumption by by mare than 4% and reduce income -based smoking disparities in California;116 WHEREAS, by selling tobacco products, pharmacies reinforce positive soclai perceptions of smoking, €onvey tacit approvaI of tobacco use, and send a message that it is not so dangerous to smoke;"M"9 WHEREAS, pharmacies sell cigarettes cheaper than other stores"' and advertise tobacco product discounts more than other stores in California,` WHEREAS, tobacco -free pharmacy sales policies decrease the availability of tobacco products by reducing tobacco retailer density by up to three times compared with communities that do not have such policies"1 and immediately atter the nationwide CV5 policy change to not se El tobacco products, cigarette purchases declined and smokers who had previously purchased their cigarettes exclusively at C 5 were up to twice as likely to stop buying cigarettes entife#y; 2° WHEREAS, researcti indicates that the density and proximity ottobacco retailers increase smoking behaviors, including number of cigarettes smoked per day?" particularly in neighborhoods experiencing poverty;9'0,leara1 WHEREAS, the density of tobacco retailers near adolescents' homes has been associated with increased youth smoking ratesi°a and initiation of noncigarette tobacco product use; a3 WHEREAS, adults who smoke are 4kely to have a harder time quitting when residential proximity to tobacco retailers is closers and density is higher,ra°-106 WHEREAS, tobacco retailers are more prevalent in underserved communities, especially in neighborhoods with a higher propartian of African American or Hispanic residents; 3'90 WHEREAS, tobacco retailer density is higher in urban compared to rural areas, except for low- incorne communities, which have higher tobacco retailer densities regardless of geography, and Hispanic communities, which are associated with variable retailer densities across geography""r' WHEREAS, policies to reduce tobacco retailer density have been shown to be effective'01,104-119 1$4 and can reduce or eliminate inequities in the location and distribution of tobacco retailers,1M04 WHEREAS, , six out of 10 tobacco retailers in California sold cigar products using cannabis - related flavor descriptors and these retailers were more prevalent in school neighborhoods with lower median income;"" WHEREAS, bath youth and adult tobacco users are more likelyto also use cannabis;"'-192 www.publichealthlawce++ter.orglcalto bacco Comprehensive Tobacco Rotaller Ltc*nrtap OrdtnsAp 27 PUBLIC: HEALTH American LAW CENTER t cambmla Lung Association. xDecember 2020 .,�a1,. Sd - !F .� WHEREAS, strict enforcement of policies prohibiting retail sales of cigarettes to youth, sales of cigarettes via vending machines, and other means through which youth gain accessto tobacco in the commercial settings can limit their opportunities to obtain these produds;1"2' WHEREAS, strong policy enforcement and monitoring of retailer compliance with tobacco control policies (e.g., requiring identification checks) is necessary to achieve reductions in youth tobacco sales;' WHEREAS, the Institute of Medicine recognizes that retailers are not likelyto comply with youth tobacco access Jays unless such laws are actively enforced through retailer cnmplianl`e checks paired with meaningful penalties on business owners for violations;' WHEREAS, state law explicitly permits Cities and counties to enact local tobacco retail lice rising ordinances, and allows for the suspension or revacation of a local license for a violation of any state tobacco control flaw (Cal. Bus. & Prof. Code § 22971.3); WHEREAS, California courts have affirmed the power of the [ city coiinoI/board of supervisors ] to regulate business activity to discourage violations of law. See, e.g., Cohen u Board of Supervisors, 40 Cal. 3d 277 (1985); Bravo Verading v. City of Rancho Mirage,16 Cal. App_ 4th 383 (1993); Prime Gas, Inc. v. City of Sacramento,184 Cal. App. 4th 697 (2010), VVHFRFAS, over 180 cities and counties n California have passed tobacco retailer licensing ordinances in an effort to stop youth from using tobacco," WHEREAS, the [ c ity council/board of supervisors � has a substantial interest in protecting youth and underserved populations from the harms of tobacco use, and WHEREAS, the { city cotincii/board of supervisors 1 finds that a local licensing system for tobacco retailers is appropriate to ensure that retailer's comply with tobacco control Jaws and business standards of the [ Insert jurisdiction name ] in orderto protect the health, safety, and welfare of our residents; NOW THEREfORE, it isthe intent of the [ city coundl/board of supervisors 1, in enacting this ordinance, to ensure compliance with the business standards and practices of the [ city/ Coun!y ] and to encourage responsible tobacco retelling and to discourage violations of tobacco -related laws, especially those which prohibit or discourage the sale or distribution of tobacco products to youth, but not to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed orto alterthe penalties provided therein, www.pliDHtheaIthIAWCLinter.org/caltahacto Comprehensive Tobibcco Retaller Licensing Ordinance za PUBLIC HEALTH LAW C ENTER at wn.hA*gffA "54 9091 Ls References ArmrL-an Lung AssociMi)n, QWH1 F 1k1 D"entber 2020 1 Cerders for Disease Control and Prevention. 8e& Jx uc ces for -Comprehensive Tobacco Control ft9rams — 2014. U.5. Department of Health and Human Services, Centers foT Di5ease Control and Prevention, National Comter for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. 2014, Available at: httpW/Www,cdc.gov/ tob acca%stateandcommunity/b"_practices/pdfs/201d/comprehensive.pdf 2 U.S. Department of Health and Human Services- The lieaith Consequences of Smoking. So Years of Progress. A Report of the 5urgwn Geneml. Atlanta, GA: U.S. department of Health and Hjjrr,an Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Prarnotion, Office on Smoking a4d Heaith 2a14_ Available at: httpsV/wwwAcbl.nlm.nth.go►IJbooks/NBK179276/pdVBooksbelf-NBK179276.pdf- 3 Family Smoking Prevention and Tobacco Control Act § 3(1), Pub. L No. 111-31,123 5tat.1776-11858 (200c}). 4 National Academies of Sciences, Fro neering, and Medicine- Public Health Consequences of f-Cigarettes. 201a.1Nash- inglon, DC: The National Academies Press. dot: ht"V/doi.org/10-17726/24952_ 5 Fowles 1, Barreau T, Wu N. Cancer and Nun -Cancer Risk Concerns frpm Metals in Electronic Cigarette Liquids and Aerosols. lnt 1 Fnvirom Res AAblic Heafth. 2020;17(6)2146, dot 10.339 ierphl7062l46. 6 Romberg AR, Holler Lo EJ, Cuccia AF, et al_ Patterns of nicotine concentrations in electronic cigarettes said in the United States, 2013.2078. Drug AfceholDWd. 2014:201:i 7 doi:10,1016fl.drugalcdep,2019.05.029. 7 Wang TW, Coats EM, Gammon UG at a;. National and State -Specific Unit Sales and Prices for tiectronic Cigarettes, United States, 2012-2016. Prey Chroni Dis, 2018,15199, do i;105888/pcdl5.170555. 9 Lin G, Baivochi M, FlalperrrFelsher B. Long:ltWinal #tends in e-cigarette devices used by Califomiaa youth, 2014-2018- AddictBehaw 2020:108:106459.doi.10.1016/1.addbeh.2024.106459. 9 California Tobacco Control Program. Cuiifarnia Tobacco Facts andFgises20F4_ Sacramentnr CA: California Department of Public Health. 2019. AvnilatAe at: https://www.cdph.ca.gav/Programs/CCDPHP/DCDIC/CTCEVCDPI-%2DDocu- ment%2DLibrary/Researc handEvaimtion/Fact5andFiguees/CATowr-r-oFactsandFigures2019-pdf. 10 U.S. National Cancer Tnstitute. A SoCkecdogioal Approach fo Addressing Tobacco -Related Heoith DiWporibes. National Cancer Institute Tobacco Control Monograph 2Z NIH Publication No.17-CA-9035A. Bethesda, IVID: U.S. Department of Health and Hurnan Serviced National Irrstituten of Heatth, National Canter Institute_ 2017_ 11 United States v. Philip Morris USA, In(-, 449 F. 5upp. 2d 1(D-D.C. 2006), aff'd in part, vacated in part. 566 F-3d 7095 (p_C. Cir_ 2009)r and order clarified, -178 F. Supp. 24 B (D.D.C. 20111, 12 California Tobacco Control Frograrn_ Col*nia 7a6vcco Facts and Figures 2018, Sacramento, CA: California Department of Public Health. 2018. Available at: httpsV/www-rdph_cagov/Programs/CCDPHP/DCCNCICTCB/CRPH%20Dacu- m errt%20L ibrary/Researchandf va luatio rV Factsa ndFigu rem/CATobatcoFac tsFigures2O18,pdf. 13 Cal if wia Tobacco Education and Research Oversight Convnittee. New Challenges — New Promise for Alt Towaird a Tvbmco-Free Cali Tornio Masly Plan 2078-2020, Sacramento, CA_ California Tobacco Education and Research Oversight Gammittte. 2018. Available at: https://www,cdphca gcv/PmgranvVCCDPHP/DCDIC/CTGB/CDPH%20DDcu- ment%20Library/T EROC/MasterPla n/TE R(XMasterPlan2Ol8-2020.pdf. --- M Cabfwnia Tobacco Control Program. 5tary of Inequity. 2019; http://tabaccofreeca-corrVstory-of-inequity. Accessed May 22r 2020. 15 Cal. Bus, & Pivf. Code § 22972(a)- 0 www.ou4lichaptthlaWcontor.org/caltobacca Comprehensive Tnbacty Retailer Licensing Drdlnanca 29 PUBLIC HEALTH American ican LAW CENTER Lung Association. calr:nrrv. December 2020 16 Cal. Sus. & Prof. Code § 229701(Firading that state tobacco excise tax revenues "have declined by hundreds of mil- lions rrf dollars per year dut, in part, to unfawful distributions and untaxed sales of cigarettes and tobacco products," and that "the licensing nf. retailers will help stem lie tide of untaxed distributions and illegal safes of cigarettes and tobacco products..'). 17 Cal. Rev. & Tax Code § 30111(providing that state tobacco taxes 'am! in lieu of all other state, county, murkipal, or district t a xts on the privilege of distributing cigarettes or tobacco products,"); Cal. Bus. & Prof. Cade § 22964 (provid- ing that the Stop Tobacco Access to IGds Act does not "preempt or otherwise prohibit the adoption of a local standard that imposes a more restrictive legal age to purchase or possess tobacco products."}. 18 Cal. Bus, & Prof. Code § 229713("NGtNng in this division preempts or supersedes arty Local tobacco control law other than those related to the collection oil state taxes- Local licensing laws may provide for the suspension or revocation of the local license for any violation of a state tobacco control law."). 19 Cal. Penal Cade § 308[8)(1)(A), 20 Cal. Bus. & Prat. Code §§ 22950-22964. 21 21 CF.R. §§ 1140.14(aX4),1140.16(b). 22 21 C.F_R- § 1140.14(a)(2 ), (h)(2). 23 The American Lung ASsoCtation in Catifomia, Center for Tobacco Policy and Organizing. Mat* of Strong tocal TMbarco Retaiierticensing Ordinsnces-2018 24 The American Curs Associ at+on in Califs rnia Center for Tobacco Policy and Ofganixing. local Tobacco Policies in the POW i`nvirwwnent 2047 25 The American Lung Assneiati on in California Center tnr Tobacco Polity and Organizing, tobacco Retdifer Lie sing A Effecave. 2018- 26 U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth arrd Young Advll� A Report of the Surpenn General, Atlanta, GA U.S. Department of Health and human Services, Centers for Disease Control and Pre- vention, National Center for Chronic Disease Prevention and Health Profrwilon, Office on Smoking and Health. 2012_ Available at: htLps; www.n60lm.nih.gov/books/NBK99237/pdf/Bmkshe41_h1BK99237,pdf. 27 DiFranza JR. Which Interventions against tho sale of tobacco to minors can be expected to reduce smoking? 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Nicotine lob Files. 201VCK9)-1062-1068. do i:1D 1093/ntz htxl$1. ww%w.publicheatthiawcontar.aril/caltobacco Comprehensive Tobacco Retailer Llcensing Ordinance 30 PUBLIC HEALTLI Al' W1 CW LAW CENTEK Lung Assockftion. M MMus wnanr 5*od ar lay. C*WOM6 December 2020 33 Food and Drug Admialstra#ion. Prefirninary 5cienli is EvaWai3un of the Fbssible Pubfic hieplth Ef s of Menthol Versus Nonmerghaf Cggareltes- 2013_ Availabte at_ httpVMwwfda- ovfdown[cads/5cierxeiResearchJSpecialTapiWPeerRev- ievsof Sc ientifici nformationandAssessments/UCM 361598-pdf- 34 Tobacco Products 5cien6fic Advisory Commlttee_ Menttral CigpretW and Nblk HLmUft Review of the 5cierfiific Evidence mrd Pecommerd0ws.2011. 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National Academies Press. 2015. wwvw.publlchealthlowCerntOr.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 39 ORDINANCE NO.6" A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF ADELANTO, SAN BERNARDINO COUNTY, CALIFORNLA, ADDING CHAPTER 5.90 (TOBACCO RETAILER'S LICENSE) TO TITLE 5 (BUSI YSS LICENSES AND REGULATIONS) OF THE AllELANTO MUNICIPAL CODE WHEREAS, Article X1, Section 7 of the California Constitution provides that the City of Adelanto ("City') may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, the City Council of Adelanto finds that the failure of tobacco retailers to comply with all tobacco control taws, particularly laws prohibiting the sale of tobacco products to minors, presents an imminent threat to the public health, safety, and welfare of the City's residents; and WHEREAS, on June 26, 20I8, High Desert Action Coalition members participated in young adult tobacco purchase decoy operations in the City. During the operation decays visited eleven tobacco retailers, and attempted to purchase little cigars and cigarillos; and WHEREAS, four of the eleven stores sold to the youth decays resolution in a 36.360/a sales rate; and WHEREAS, at the May 22, 2019 City Council Meeting, the High Desert Action Coalition gave a presentation on the effects of tobacco of tobacco on families and the community at large; and VMEREAS, supporting Adelanto's youth by creating a safe and healthy environment is a priority and ongoing goal for the City; and WHEREAS, approximately 480,000 people die in the United States from smoking -related diseases and exposure to secondhand smoke every year, making tobacco Use the nation's leading cause of preventable death M.S. Department of Health and Haman Services. The Health Consequences of Smoking. 50 Years of Progress. A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, 'National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. 2014); and WHEREAS, flavored tobacco products are considered "starter" products that help establish long-term tobacco use, and they are particularly appealing to youth and young adults, and WHEREAS, these products also pose significant barriers to achieving health equity. Thanks to tobacco companies' marketing efforts, youth, communities of color, low-income populations, and members of LGBTQ+ communities are significantly more likely to use flavored tobacco products, particularly menthol cigarettes, and disproportionately bear the burden of tobacco -related harm; and WHEREAS, the City Council of the City has recognized the danger of tobacco use and has made reducing youth access to tobacco products a high priority; and k_ WHEREAS, state law explicitly permits cities and counties to enact local tobacco retail licensing ordinances, and allows for the suspension or revocation of a local license for a violation of any state tobacco control law (Cal. Bus. & Prof. Code § 22971.3), and WHEREAS, California courts have affirmed the power of the City Council to regulate business activity to discourage violations of law (See, eg, Cohen v. Board of Supervisors (1985) 40 Cal. 3d 277 (1985); Bravo Vending v. City of Rancho Mirage (1993) 16 Cal. App. 4th 383; Prime Gas, Inc. v. City of Sacramento (2010) 184 Cal. App. 4th 697 (2010)); and WHEREAS, over 130 cities and counties in California have passed tobacco retailer licensing ordinances in an effort to stop youth from using tobacco (The American Lung Association in California Center for Tobacco Policy and Organizing_ Matrix of Strong Local Tobacco Retailer Licensing Ordinances. 2017), and WHEREAS, the City Council has a substantial interest in protecting youth and underserved populations from, the harms of tobacco use; and WHEREAS, the City Council finds that a local licensing system for tobacco retailers is appropriate to ensure that retailers comply with tobacco control laws and business standards of the City Council, to protect the health, safety, and welfare of the citizens of Adeianto. Section 1. Incorporation of Recitals. The recitals set forth above are hereby incorporated by this reference as if set forth in full herein. Section 2. Chapter 5.80, Title 5, is hereby added to the Adelanto Municipal Code to read as follows: Sections: 5.80.010 Purpose 5.80.020 Definitions 5.80.030 Tobacco Retailer's Licensee Required 5.80.040 Limits on Eligibility for a Tobacco Retailer License 5.80.050 Application Procedure 5.80.060 Issuance of License 5.80.070 License Renewal and Expiration 5.80.080 Licenses Nontransferable 5.80,090 License Conveys a Limited, Conditional Privilege 5.80.100 Fee for License 5.80.110 Compliance Monitoring 5.90.120 Suspension or Revocation of License for Violation 5.80.130 Tobacco Retailing without a Valid License 5.80.140 Sale of Flavored Tobacco Products Prohibited 5,80.150 Violations 5.80.010 Purpose. The purpose of this Chapter is to encourage responsible tobacco retailing and discourage violations of tobacco related laws that prohibit the sale or distribution of tobacco products, including all smoking 2 materials as defined in Section 5.80.020, to minors. This Chapter is not intended to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or to alter the penalty provided therefore. 5.80.020 Definitions. The following words and phrases, whenever used in this Chapter, shall have the meanings defined in this section unless the context clearly requires otherwise: A. "Arn's length Transaction" means a sale in good faith and for valuable consideration that reflects the fair market value between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this Chapter is not an Arm's Length Transaction.. B. "Cigar" means any roll of tobacco other than a Cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing more than three pounds per thousand. C. "Cigarette" means: (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and (2) any roil of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its Packaging and Labeling, is likely to be offered to, or purchased by, Consumers as a Cigarette described herein. ❑ "Characterizing Flavor" means a taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a Tobacco Product or any byproduct produced by the Tobacco Product, including, but not limited to, tastes or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice; provided, however, that a Tobacco Product shall not be determined to have a Characterizing Flavor solely because of the use of additives or flavorings or the provision of ingredient information. E. "Consumer" means a Person who purchases a Tobacco Product for consumption and not for Sale to another. F. `Department" means Planning Division and any agency or Person designated by the Department to enforce or administer the provisions of this Chapter. G. "Flavored Tobacco Product" means any Tobacco Product, as defined in this Chapter, that imparts a Characterizing Flavor. H. "Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. I. "Proprietor" means a Person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a Person has a ten percent (I W/o) or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a Person can or does have or share ultimate control over the day- to-day operations of a business. I. "Sale" or "Sell" means any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever. K. "Tobacco Paraphernalia" means any item designed or marketed for the consumption, use, or preparation of Tobacco Products. L. "Tobacco Product" means; 1. any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff; and Z. any electronic device that delivers nicotine or other substances to the Person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, or electronic hookah. 3. Notwithstanding any provision of subsections (1) and (2) to the contrary, "Tobacco Pmduct" includes any component, part, or accessory intended or reasonably expected to be used with a Tobacco Product, whether or not sold separately. `Tobacco Product'° does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act. M. "Tobacco Retailer" means any Person who Sells, offers for Sale, or does or offers to exchange for any form of consideration, tobacco, Tobacco Products, or Tobacco Paraphernalia. 0 N. `"Tobacco Retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of Tobacco Products or Tobacco Paraphernalia sold, offered for Sale, exchanged, or offered for exchange. 5.90.030 Tobacco Retailer's License Required. A. It shall be unlawful for any Person to act as a Tobacco Retailer in the City without first obtaining and maintaining a valid Tobacco Retailer's license pursuant to this Chapter for each location at which Tobacco Retailing is to occur. B. Lawful Business Operation. In the course of Tobacco Retailing or in the operation ofthe business or maintenance of the location for which a license issued, it shall be a violation of this Chapter for a licensee, or any of the licensee's agents or employees, to violate any local, state, or federal law applicable to Tobacco Products, Tobacco Paraphemaiia, or Tobacco Retailing. C. Display of License. Each Tobacco Retailer license shall be prominently displayed in a publicly visible location at the licensed location. 4 5.80.040 Limits on Eligibility for a Tobacco Retailer License. Mobile Vending. No license may be issued to authorize Tobacco Retailing at other than a fixed location, including, but not limited to, Tobacco Retailing by Persons on foot or from vehicles. 5.80.050 App9catlion Procedure. A. Application for a Tobacco Retailer's license shall be submitted in the name of each Proprietor proposing to conduct retail tobacco sales and shall be signed by each Proprietor or an authorized agent thereof. B. It is the responsibility of each Proprietor to be informed regarding all laws applicable to Tobacco Retailing, including those laws affecting the issuance of a Tobacco Retailer's license. No Proprietor may rely on the issuance of a license as a determination by the City that the Proprietor has complied with all laws applicable to Tobacco Retailing. A license issued contrary to this Chapter, contrary to any other law, or on the basis of false or misleading information supplied by a Proprietor shall be revoked pursuant to Section 5.80.120(C) of this Chapter. Nothing in this Chapter shall be construed to vest in any Person obtaining and maintaining a Tobacco Retailer's license any status or right to act as a Tobacco Retailer in contravention of any provision of law. C. All applications shall be submitted on a form supplied by the Department and shall contain the following information: 1. The name, address, and telephone number of each Proprietor ofthe business seeking a license. 2. The business name, address, and telephone number of the single fixed location for which a license is sought. 3. A single name and mailing address authorized by each Proprietor to receive all communications and notices (the "Authorized Address") required by, authorized by, or convenient to the enforcement of this Chapter. If an Authorized Address is not supplied, each Proprietor shall be understood to consent to the provision of notice at the business address specified in subparagraph (2) above. 4. Proof that the location for which a Tobacco Retailer's license is sought has been issued a valid state license for the Sale of Tobacco Products, if the Tobacco Retailer Sells products that require such license. 5. Whether or not any Proprietor or any agent of the Proprietor has admitted violating, or has been found to have violated, this Chapter and, if so, the dates and locations of all such violations within the previous five (5) years. D. Such other information as the Department deems necessary for the administration or enforcement of this Chapter as specified on the application form required by this section. E. A licensed Tobacco Retailer shall inform the Department in writing of any change in the infonnation submitted on an application for a Tobacco Retailer's license within ten (I0) business days of a change. F. All information specified in an application pursuant to this section shall be subject to disclosure under the California Public Records Act (California Government Code section 6250 et set{.) or any other applicable law. 5.80,060 Issuance of License. A. Upon the receipt of a complete application for a Tobacco Retailer's license and the license fee required by this Chapter, the Department shall issue a license unless substantial evidence demonstrates that one or more of the following bases for denial exists: 1. The information presented in the application is inaccurate or false. Intentionally supplying inaccurate or false information shall be a violation of this Chapter; 2. The application seeks authorization for Tobacco Retailing for a Proprietor to whom this Chapter prohibits a license to be issued; and/or 3. The application seeks authorization for Tobacco Retailing that is prohibited pursuant to this Code including without limitation the Adelanto Zoning Ordinance, Title 14 Building and Construction, and Title S Business Licenses and Regulations, or that is unlawful pursuant to any other state, and federal law. B. Beginning from the effective date of this Chapter, all Proprietor proposing to conduct retail tobacco sales have until June 30, 2020 to obtain a Tobacco Retailer's license. 5.80.070 License Renewal and Expiration. A. Renewal of License. A Tobacco Retailer's license is invalid if the appropriate fee has not been timely paid in full or if the term of the license has expired. The term of a Tobacco Retailer license is one (1) year. Each Tobacco Retailer shall apply for the renewal of their Tobacco Retailer's license and submit the license fee no later than thirty (30) days prior to expiration of the term. B. Expiration of License. A Tobacco Retailer's license that is not timely renewed shall expire at the end of its term. To renew a license not timely renewed pursuant to subparagraph (a), the Proprietor must: 1. Submit the license fee and application renewal farm; and 2. Submit a signed affidavit affirming that the Proprietor: a. Has not sold and will not Sell any Tobacco Product or Tobacco Paraphernalia after the license expiration date and before the license is renewed; or b. Has waited the period of time required by Section 5.90.130 of this Chapter for Tobacco Retailing without a valid license before seeking renewal of the license. 6 5.80.080 Licenses Nontransferable. A. A Tobacco Retailer's license may not be transferred from one Person to another or from one location to another. A new Tobacco Retailer's license is required whenever a Tobacco Retailing location has a change in Proprietor(s). B. Any other provision of this Chapter, prior violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to a location unless: 1. The location has been transferred to new Proprietor(s) in an Arm's Length Transaction; and Z The new Proprietor(s) provide the City with clear and convincing evidence that the new Proprietor(s) have acquired or are acquiring the location in an Ann's Length Transaction. 5.90.090 License Conveys a Limited, Conditional Privilege. Nothing in this Chapter shall he construed to grant any Person obtaining and maintaining a Tobacco Retailer's license any status or right other than the limited conditional privilege to act as a Tobacco Retailer at the location in the City identified on the face of the permit. Nothing in this Chapter shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law, including, but not limited to: A. Any provision of this C ode including without limitation the Adclanto Toning Ordinance, Title 14 building and Construction, and Title 5 Business Licenses and Regulations; and/or B. Any condition or limitation on smoking in an enclosed place of employment pursuant to California Labor Code section 6404.5. Obtaining a Tobacco Retailer's licensedoes not make the retailer a "retail or wholesale tobacco shop" for the purposes of California Labor Code section 6404.5. 5.90.100 Fee for License. The fee to issue or to renew a Tobacco Retailer's license shall be established from time to time by resolution of the City Council. The fee shall be calculated so as to recover the cost of administration and enforcement of this Chapter, including, for example, issuing a license, administering the license program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by ibis Chapter. All fees and interest upon proceeds of fees shall be used exclusively to fund the program. Fees are nonrefttndable except as may be required by law. 5.90.110 Compliance Monitoring. A. Compliance with this Chapter shall be monitored by the Department. in addition, any peace officer may enforce the penal provisions of this Chapter. The City may designate additional Persons to monitor compliance with this Chapter. 7 B. The City Council of the City of Adelanto does not intend and nothing in this Chapter shall be interpreted to penalize the purchase, use, possession, or attempted purchase, use, or possession of Tobacco Products or Tobacco Paraphernalia by Persons under twenty-one (21) years of age; provided, however, that Persons under twenty-one (21) years of age remain subject to generally applicable laws regulating such conduct without respect to the Person's age. 5.80.120 Suspension or Revocation of License for Violation. A. Suspension or Revocation of License for Violation. in addition to any other penalty authorized by law, a Tobacco Retailer's license shall be suspended or revoked if any court of competent jurisdiction determines, or the Department finds based on a preponderance of the evidence, after the licensee is afforded notice and an opportunity to be heard, that the licensee, or any of the licensee's agents or employees, has violated any of the requirements, conditions, or prohibitions of this Chapter or has pleaded guilty, "no contest" or its equivalent, or admitted to a violation of any law designated in Section 5.80.030 above. (1) Upon a finding by the Department of a first violation of this Chapter at a location within any five-year (5) period, the license shall be suspended for thirty (30) days. (2) Upon a finding by the Department of a second violation of this Chapter at a location within any five-year (5) period, the license shall be suspended for ninety (90) days. (3) Upon a finding by the Department of a third violation of this Chapter at a location within any five-year (5) period, the license shall be suspended for one (1) year. (4) Upon a finding by the Department of four or more violations of this Chapter at a location within any five-year (5) period, the license shall be revoked. B. Appeal of Suspension or Revocation. A decision of the Department to suspend or revoke a license is appealable to the City Manager and any appeal must be filed in writing with City manager's office within ten (10) days of mailing of the Department's decision. If such an appeal is timely made, it shall stay enforcement of the appealed action. An appeal to the City Manager is not available for a revocation trade pursuant to subsection (c) below. C. Revocation of License Wrongly Issued. A Tobacco Retailer's license shall be revoked if the Department finds, after the licensee is afforded notice and an opportunity to be heard, that one or more of the bases for denial of a license under Section 5.90.060 existed at the time application was made or at any time before the license issued. The decision by the Department shall be the final decision of the City. Such a revocation shall be without prejudice to the filing of a new license application. 5.90.130 Tobacco Retailing without a Valid License. A. In addition to any other penalty authorized by law, if a court of competent jurisdiction determines, or the Department finds based on a preponderance of evidence, after notice and an opportunity to be heard, that any Person has engaged in Tobacco Retailing at a location without a valid Tobacco Retailer's license, either directly or through the Person's agents or employees, the Person shall be ineligible to apply for, or to be issued, a Tobacco Retailer's license after a violation of this section at 8 a location where the violation occurred within any five-year (5) period. Unless ownership of the business at the location has been transferred in an Arm's Length Transaction, no new license shall be issued for the Person or the Iocation, until thirty (30) days have passed from the date of the violation. 5.80.140 Sale of Flavored Tobacco Products Prohibited. A. It shall be a violation of this Chapter for any Tobacco Retailer or any of the Tobacco Retailer's agents or employees to Sell or offer for Sale, or to possess with intent to Sell or offer for Sale, any Flavored Tobacco Product. 5.90.150 Violations. A. The remedies provided by this Chapter are Cumulative and in addition to any other remedies available at law or in equity. B. Whenever evidence of a violation of this Chapter is obtained in any part through the participation of a Person under the age of twenty-one (21) years old, such a person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this Chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented. C. Violations of this Chapter are subject to a civil action brought by the City Attorney, punishable by a civil fine as set forth in Section 1.20.010 of this Code, D. Violations of this Chapter shall be prosecuted as set forth in Section 1.20.010 of this Code. E. Violations of this Chapter are hereby declared to be public nuisances. F. In addition to other remedies provided by this Chapter or by other law, any violation of this Chapter may be remedied by a civil action brought by the City, including, for example, administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief. C. For the purposes of the civil remedies provided in this Chapter: 1. Each day on which a Tobacco Product or Tobacco Paraphernalia is offered for Sale in violation of this Chapter shah constitute a separate violation of this Chapter; and 2. Each individual retail Tobacco Product and each individual retail item of Tobacco Paraphernalia that is distributed, sold, or offered for Sale in violation of Chapter shall constitute a separate violation of this Chapter. Section 3. EtTeedve Date. This Ordinance shall take effect thirty (30) days after its final passage. Section 4. Severability. Should any section or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, that decision shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid. 9 Section 5. Certification/Summary. Following the City Clerk's certification that the citizens of Adelanto have approved this Ordinance, the Mayor shall sign this Ordinance and the City Cleric shall cause the same to be entered in the hook of original ordinances of said City; and shall cause the same, or a summary thereof, to be published as required by law. PASSED, APPROVED AND ADAPTED this, 11t' 4ay of December, 2019. Brenda Lopez, City Clerk APPROVED AS TO FORM: 611�lv r Victor Panto, City Attorney 10 It 1, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Ordinance No. 606 was duly introduced for the first reading on the 23' day of October, 2019 and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 11 `h day of December, 2019, by the following vote, to -wit: AYES: Council Members Camargo, Evans, Jeannette, Mayor Pro tern Hernandez, and Mayor Reyes NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on this 11 to day of December, 2019. Brenda Lopez, City Clerk SEAL I 11 POWER POINTS CITY COUNCIL MEETING MAY 2112024 City Council Regular Meeting May 21, 2024 CVAG BE A PART OF THE Coachella Valley Broadband Strategic Plan Survey OPEN through June 30, 2024. RESPONSES ARE ANONYMOUS AND CONFIDENTIAL _ - _ 0 "Ira CAI-111-OR ;IA a TAKE THE SURVEY! City Council Regular Meeting May 21, 2024 CLOSED SESSION IN PROGRESS CVAG BE A PART OF THE Coachella Valley Broadband Strategic Plan Survey OPEN through June 30, 2024. RESPONSES ARE ANONYMOUS AND CONFIDENTIAL 5/22/2024 TAKE THE SURVEY! Pledge of Allegiance . L 0 i._ . df YZ L CALIFORNIA --- 5/22/2024 City Council Meeting May 21, 2024 P1 —Joshua Tree National Park Updates by Superintendent Jane Rodgers ••r • -Y� �iw' a�• � .0 J�ua Tree National Park Updates Jane Rodgers Superintendent Joshua Tree Nationa Today's chat Park Visitation and Tourism Boundary stewardship project Joshua tree ecology and future Conditions Change r c.1996 1.3m visitors NP5 leading trip planning messaging, ❑l' newspaper! Busy season Oct/Nora, Feb - April; little backcountry use 7 m visitors & growing; doubled 2014 to 2018 NIPS does not control information; at mercy of crowd sourced info, socials, rapid fire Campsites near 100% occupancy year round. Upswing in "backpacking" overnight use What are people doing? 2010 vs 2019 Dayhiking increased from 45.6% to 93.9% Stargazing increased from 24.5% to 50.9% bouldering (15%) climbing (19%) Camping. 25% of visitors camped withinthe park and 46.0% lodged outside the park in the local area. 75% of visitors stay overnight. 15.8% of visitors participated in bouldering and 19.4% in climbing (up by 5%). Economic Impact Annual Report Joshua Tree National Park In 2022, 3.1 million park visitors spent an estimated $171 million in local gateway regions while visiting Joshua Free National Park. These expenditures supported a total of 2,040 jobs, $77.1 million in labor income, $125 million in value added, and $209 million in economic output in local gateway economies bunding Joshua Tree National Park. Perseids Super Event Park planned ahead, but not enough Summer staffing levels low Fees were collected... as much as was practical Lines hacked up, impacting local neighborhoods and Highway 62, emergency access Biggest effort to collect fees ever (over $160,000), with a skeleton crew Very stressful and overwhelming for park staff Future Super Events Use indicators to predict Super Events stronomical phenomenon nusual weather events (e.g. snow, super blooms) •elebrity site visits or amplifying "must -see" events rends in camping reservations (e.g. occupancy and surge in backcountry permits) When known, institute Incident Command System to game plan and provide structure to handle complex situations plus adequate staffing. Time to get outside help if needed. When super events happen quickly, institute ICS Help Us Male NPS App Go Viral NPS App is better than crowd sourced maps NPS App includes interactive maps you can use offline inside the park NPS App trails are,maintained with_signage and parking Crowd sourced trail maps are not official, not ..0 We're working on adding climbing routes, bouldering areas, and backpacking zones. Get alerts, weather, safety information Search web for "NPS App" and download today! Download on she App Store Google Play May 21, 2024 0 Boundary Conservation Projects Greensticker funding to help monitor park boundary to prevent offroad vehicle damage and provide education on tread lightly and responsible recreation POC Amber Laird 15 W go May 21, 2024 Modeled plant water deticitinJ FNP with climate change .iOTR Water Deficit for GCMs Plants will face in 2050 and Historical Period ( 1979-2012 increased 10.20- drought stress --, in future 9.�5- ► M � h 1105 f k David Lawrence z5 soa NPS Climate Change ❑ Historical warm Wet Hct Dry Response Program 17 koshua Tree National Park National Park service U.S. Department of the Interior osl,oa Tree VC aj ■ (4w r. 9 YUBR Current Range Park Trail •1'4 YUBR Future RCP 8.5 -- Unmaintained Trail = _ YUBR Future RCP 4.5 Public Road - •- 1 e Service Road VisitorCenters _ - p 4.5 9 18 27 -y - Miles�.c G--- 4.5 9 18 27 36 •� _ -_ --�yi J ' 18 9 May 21, 2024 V 19 911] a, DAY —f^LIFE Wr 4, TOTWWA 111 s 146mF Ike Yucca -tat and the Joshua Tree � 10 5/22/2024 CALIFORNIA City Council Meeting May 21, 2024 S1 Special Event Regulations in Residential Areas ' - CAL Introduction What is a special event? • Pageants, fairs, carnivals, block parties • Events at private residences with two or more of the following: — Outdoor amplified music --Tents — Stage or staging --Event Lighting — Additional parking considerations --Traffic Restrictions — Other characteristics consistent with larger gatherings that are not consistent with occasional residential parties or small events • Events at short term vacation rentals that exceed daytime occupancy Special Event Tiers Tier 1: 1-3 events per year Tier 2: 4-11 events per year Tier 3: 12 or more events per year All have similar review processes and requirements for neighborhood noticing Tier 1: 1-3 Events Allows up to 3 events per year 45-day submittal deadline Staff -level decision with no public hearing City Manager can expedite the application processing Tier 2: 4=1 1 Events Allows 4-11 events per year 90-day submittal deadline Director decision with public hearing Tier 3: 12+ Events Allows 12 or more events per year 90-day submittal deadline Planning Commission decision with public hearing May 21, 2024 W Application submitted 3-week review Correction letter issued Applicant resubmits 3-week review Conditions of Approval drafted Approval issued W] WE 15 Application Profile 2018-2024 • 48 applications 38 were approved received — 74% STVR — 96% were for Tier 1 — 96% large estates — 30% at Griffin Estate 51 % weddings Concerns • Poor management of event — Attendance exceeds approval — Not enough resources provided to manage event — Parking/traffic disruptions — Amplified music beyond approved operation time • Late special event application submittals Considerations 1. Eliminate tiers and process individually 2. Establish parking and shuttle requirements 3. Establish administrative fines 4. Impose one or two -strikes policy Considerations 5. Eliminate requirement for special event approval for STVR properties exceeding the total daytime number of occupants — Let criteria for residences apply — Prohibit special events at STVR except for exempt properties or property owner use Discussion / Questions? a City Council Meeting May 21, 2024 S2 Discuss Marketing and Economic Development Recap Fiscal Year 2023-24 and Strategies Fiscal Year 2024-25 A r 1: CALIMNNIN _ r FISCAL YEAR 2023-24 MARKETING/ECONOMIC DEVELOPMENT RECAP & FISCAL YEAR 2024-25 MARKETING/ECONOMIC DEVELOPMENT STRATEGIES y May 21, 2024 K1:1 40 20 May 21, 2024 LAQU I NTACA.GOV USER ACTIVE ENGAGEMENT USERS I Up: 64.24% (49,221) Up: 17.33% Up: 65.46% (40,109) (4 mins, 5 seconds) Los Angeles Travel Home La Quinta Media & Entertainment Scheduled Inspections Indio Technology Fireworks San Diego News Calendar Palm Desert Shopping City Council Agendas New York Sports & Fitness 41 PLAYINLAQUINTA.COM 217K Home Uncovering the Gems See/Do Shop Local American Express 42 45% Los Angeles La Quinta Indio San Diego Palm Desert 7xA:c 21 r, WHAT IS WORKING KEY LEARNINGS IMPL=77171S FOR FUTURE CAMPAIGNS Segment creative served to the Local video creative really engages Expand The Gems videos to TikTok - exact audience it resonates with on audiences through social evident by with such great engagement & social media. a strong engagement rate. success through social there is an Golf & fitness audiences were opportunity to garner more highly engaged with paid content. engagement and views. 242K+ 13M+ 242K CLICKS IMPRESSION � SITE SESSIONS r May 21, 2024 YTD DIGITAL PERFORMANCE IMPRESSI0jM META .. .. .. REMARKETING �. . . 97,500 clicks 51,088 clicks 30,372 clicks 38,887 clicks 489,395 views 9,104 clicks 445,098 reach 2,181,047 2,746,985 427,223 600,930 839,026 2,388,377 Impressions Impressions Impressions Impressions Impressions Impressions 616,765 Impressions 4.47% 1.86% 7.11 % 6.47% 58.33% 0.38% CTR CTR CTR CTR VTR CTR 1.4 Frequency $0.17 $0.31 $0.66 $0.51 $0.02 $2.65 Cost per Click Cost per Click Cost per Click Cost per Click Cost per View Cost per Click $29 Cost per Imp $16,525.27 $15,722.98 $20,179.16 $19,737.08 $8,448.17 $24,125.60 Spend Spend Spend Spend Spend Spend $17,910.86 Spend Avg. CTR: 1.00% Avg. CTR: 1.00% Avg. CTR: 4.68% Avg. CTR: 4.68% Avg. VTR: 30% Avg. CTR: 0.42% 45 151ri 23 INFLUENCER CAMPAIGNS Food + Outdoor Focus Family Focus Outdoor • Sustainability Food Focus 28K Followers 101K Followers Focus 1o.3K Followers 10.392 Impressions 22.S& Impressions 25K Followers iG,287 Impressions 6,637 Impressions old VITI E M I a R May 21, 2024 SOCIAL MEDIA BY NUMBERS facebook Facebook (Community) Facebook (Tourism) 884 posts 230 posts July 1, 2023 through July 1, 2023 through May 13, 2024 May 13, 2024 Reach: 764K Reach: 1.56M Clicks: 17.3K Clicks: 148K Organic Reach: 271 K Organic Reach: 7,791 Ad Reach: 544K Ad Reach: 1.5M 49 7t Instagram: 130 posts July 1, 2023 through May 13, 2024 Reach:189K Clicks: 4.81K Organic Reach: 37K Ad Reach: 157K 25 CHANGE IN SUBSCRIBERS CHANGE IN TOP SUBSCRIPTIONS SUBSCRIPTIONS City News Up: 29.03% (1,497) Up: 89.94% (11,594) Events Total Subscribers as of 4/24 Total Subscriptions as of 4/24 La Quinta Newsletter 6,653 25,244 Press Releases Emergency Preparedness 7. �.. . FN EVWS LITT I R . .re 5� 1. �!s-Y vae Q.1.. "fl�w��. May 21, 2024 53 .; ry r, Jol 54 27 May 21, 2024 �';p%VTA FISCAL YEAR 2024/25 MARKETING/ECONOMIC DEVELOPMENT AREAS OF FOCUS 611 ma May 21, 2024 6% ADDITIONAL AREAS OF FOCUS • PUBLIC RELATIONS STRATEGIES • BRANDED RECYCLING CAMPAIGN • DIRECT FLIGHT MARKET TOURISM EFFORTS • EVOLVING ECONOMIC DEVELOPMENT EFFORTS • DIRECT FLIGHT MARKET ACTIVATION • ADDITIONAL SHOP LA QUINTA LOCAL CAMPAIGNS 58 11 29 oil] :6411 to !SIN, City Council Meeting May 21, 2024 S3 - Discuss the Fiscal Year 2024/25 Preliminary Proposed Budget May 21, 2024 61 General Fund 2023124 2023124 gQ= Change Revenues Original Current Proposed Current v. Proposed °lo Change Taxes 62,630,000 62,630,000 63.270,000 640,000 1% License & Permits 2,521,300 2,556,300 2,386,500 (169,800) -7% Intergovernmental 9,178,000 9,178,000 11,253,000 2,075,000 23% Charges for Services 963,200 1,123,200 1,028,700 (94,500) -8% Fines & Assessment 465,500 495,500 341,000 (154,500) -31 % other./misc. 2,720,100 3.225,100 2.435.100 790.000 -24% Total Revenues_ 78,478,100. 79,208,100 80,714,300 1,506,200 2% Ill A 31 May 21, 2024 eneral Fund Expenditures 2,02=4 2024125 Current Current V. Oinal rg Current Proposed Pr000sed ity Council 317,900 317,900 346.400 28,500 ityManager Deparmeni 11588580 1,588,360 1,041,100 52,740 larketing & Community Relations 1,814.660 1,614,660 1,932,600 117.940 ity Attorney 800,000 800,000 800,000 - ity Clerk Departrnent 1,169,670 1,169,670 1,406.570 236,900 uman Resources 651,900 701,300 745,900 44,600 olce 18,583.800 18,818,3 c0 19,643,300 1,025, 000 ire 9,689,120 10,247,120 10.547,110 299,980 ornmunitygervioesAdministmbwl 888,160 1,038,180 716.400 (321,760 lelhess.Cer4erOWations 837,870 837,870 083.000 (164.270 ecreationai Programs & Events 1.578,150 1,578,150 1,956,000 377.850 ode Comp lia meAnimal C o nlro I 1,713.340 1.720,340 1,821,340 101.000 ublic Safety Administration 322,300 331,800 269.890 (61,910 arks Malnteriance 4,144,950 4,219,450 4,849,300 429.650 riblic Buildings 1,715,750 1,715,750 1,875,750 100,000 ublic Works Administration 821,900 821,900 835,797 13,897 ublic Works 6evek�pmerrt Services 532,900 532,900 539.383 0,483 trestsUepartment- Tratfc 085.750 885,750 1,035,550 150,900 ngineering Services 1.007,600 1,404,100 1,234.400 (169,700 esign & QevelopmentAdministration 811.600 811.800 826,800 15,200 lanning 707,400 717,400 855,900 139.500 ulkiing 1.398,700 1,523,700 1,513,600 (10,100 ne Hub 1.341.700 1,341,700 1.409,875 158.175 inane 1,957,270 1,957,270 2,103,500 146.230 entra lized Se rores 17.348,100 44.243,481 21.770.600 (22,472.881 Total Expenditures 72,828,750 100,938,631 81.252.665 (19,685,966 RW 64 32 May 21, 2024 Police $1,025,000 Salary & Benefits, estimated 5% rate increase Fire $299,990 Salary & Benefits, disaster prep supplies, roof repairs, and Emergency Operations Center enhancements City Clerk $236,900 Salary & Benefits, election services for November 2024, comprehensive fee study, STVR compliance software enhancements Recreation Programs & $377,850 Expanded hours, increased events, conversion of P/T to F/T staff Special Events (reduction in Wellness Center Operations), and pool contract increase (year-round programming) Parks Maintenance $429,850 Pending landscape contract to include increased service levels and tree inventory asset management Streets- Traffic $150,000 Storm drain cleaning and sign inventory replacement W 33 General Fund Summary GENERALFUND FY 2023124 PROPOSED BUDGET SUMMARY 80,714,300 •.- - Expenses.. Reserves BUDGET SURPLUS $ (538,365) MEASURE G SALES TAX SUMMARY ; Available for Appropriation FY 2024/25 Budget Schedule • May 21 — City Council, Study Session #1 • June 4 — City Council, Study Session #2 • June 5 — Financial Advisory Commission • June 12 — Housing Commission • June 18 — City Council, Adoption For the latest budget information visit: www.laquintaca.gov/business/finance/budget Discussion & Questions �- V�I �Ir► CALI1•( RNIA - r, City Council Meeting May 21, 2024 131 - 2024 Legislative Policy Guide K Policy Guide The Guide outlines the rules, regulations, and guidelines that the city will use when asked to take a position on a legislative matter. Such positions include: Support, Oppose, Oppose until Amended, or Watch Guiding Principles • Enhance Local Authority • Sustain Fiscal Responsibility • Foster Economic Development • Promote Health and Wellness • Support Public Safety • Encourage Preservation of the Environment Policy Positions • Economic Development • Finance • Housing • Environment • Transportation & Infrastructure • Public Safety • Tourism Lobbyists The City has a State and Federal Lobbyists that advocate on behalf of the City to legislators and administrations. State - Joe A. Gonsalves & Son Federal - Kiley & Associates WWI �,. "Nt 7- 7 [�i11_I1• (} Id �, It1 a J City Council Meeting May 21, 2024 B2 - Approve Agreement for Contract Services with Desert Recreation District to Manage and Operate the Fritz Burns Pool Desert Recreation District (DRD) • DRD has been operating Fritz Burns Pool since 2019 • Pool programs include water aerobics, senior splash, swim lessons, lifeguard training, and events (Dive -In Movies, Floating Pumpkin Patch, Poolside with Santa) • Program participation has steadily increased since 2022 May 21, 2024 79 2024/25 025/26 (up to 5% in Initial Term Not To Exceed: Optional 2-Year Term Extension 2026/27 (up to 5% increase) 2027/28 (up to 5% increase) Extended Two -Year Term Not To Exceed E foil $266,18 $519,691 $572,958 ma May 21, 2024 E]" Dneratien ❑ 2024/25 $232,903 2025/26 (up to 5% increase) $244,548 Initial Term Not To Exceed: $aQ Optional 2-Year Term Extension MW 2026/27 (up to 5% increase) �- $256775 2027/28 (up to 5% increase) $269,613 Extended Two -Year Term Not To Exceed: $526,388 Dneratien ❑ 2024/25 P025/26 (up to 5% increase) Initial Term Not To Exceed: Optional 2-Year Term Extension 2026/27 (up to 5% increase) 2027/28 (up to 5% increase) Extended Two -Year Term Not To Exceed: 3 $238,248 $465,151 $250,160 $262,6 8 $512,828 41 _ _- - CALIFORNIA