Loading...
2019 06 18 Council Reg Mtg & HA Special MtgCITY COUNCIL AGENDA 1 JUNE 18, 2019 HOUSING AUTHORITY AGENDA – SPECIAL MEETING AGENDA JOINT MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY CITY HALL COUNCIL CHAMBERS 78-495 Calle Tampico, La Quinta REGULAR CITY COUNCIL MEETING ON TUESDAY, JUNE 18, 2019 3:00 P.M. CLOSED SESSION | 4:00 P.M. OPEN SESSION SPECIAL HOUSING AUTHORITY MEETING ON TUESDAY, JUNE 18, 2019, AT 4:00 P.M. CALL TO ORDER – CITY COUNCIL ROLL CALL: Councilmembers: Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "Request to Speak" form and limit your comments to three minutes. The City Council values your comments; however in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by GC 54954.2(b). CONFIRMATION OF AGENDA – CITY COUNCIL CLOSED SESSION 1.PUBLIC EMPLOYEE DISCIPLINE / DISMISSAL / RELEASE PURSUANT TO GOVERNMENT CODE SECTION 54957 2.CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6; CITY DESIGNATED REPRESENTATIVE: CHRIS ESCOBEDO, COMMUNITY RESOURCES DIRECTOR; AND EMPLOYEE ORGANIZATION: LA QUINTA CITY EMPLOYEES ASSOCIATION City Council agendas and staff reports are available on the City’s web page: www.LaQuintaCA.gov CITY COUNCIL AGENDA 2 JUNE 18, 2019 HOUSING AUTHORITY AGENDA – SPECIAL MEETING 3.ANNUAL PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION – CITY ATTORNEY 4. ANNUAL PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION – CITY MANAGER RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. REPORT ON ACTIONS(S) TAKEN IN CLOSED SESSION CALL TO ORDER – HOUSING AUTHORITY ROLL CALL: Authority Members: Evans, Fitzpatrick, Radi, Sanchez, Chairperson Peña VERBAL ANNOUNCEMENT – AB 23 [AUTHORITY SECRETARY] CONFIRMATION OF AGENDA – HOUSING AUTHORITY PLEDGE OF ALLEGIANCE – CITY COUNCIL AND HOUSING AUTHORITY PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – CITY COUNCIL AND HOUSING AUTHORITY At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "Request to Speak" form and limit your comments to three minutes. The City Council values your comments; however in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by GC 54954.2(b). ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS – CITY COUNCIL AND HOUSING AUTHORITY – NONE CONSENT CALENDAR – CITY COUNCIL NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAGE 1. APPROVE MINUTES OF JUNE 4, 2019 7 2. AUTHORIZE OVERNIGHT TRAVEL FOR FIVE COUNCILMEMBERS, DIRECTOR OF COMMUNITY RESOURCES, AND ASSISTANT TO THE CITY MANAGER TO ATTEND LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN LONG BEACH, CALIFORNIA, OCTOBER 16 – 18, 2019 19 CITY COUNCIL AGENDA 3 JUNE 18, 2019 HOUSING AUTHORITY AGENDA – SPECIAL MEETING 3. AUTHORIZE OVERNIGHT TRAVEL FOR FACILITIES MANAGEMENT ASSISTANT TO ATTEND THE THIRD YEAR OF CALIFORNIA PARKS AND RECREATION SOCIETY MAINTENANCE MANAGEMENT SCHOOL IN LAKE ARROWHEAD, CALIFORNIA, NOVEMBER 11 – 15, 2019 21 4. APPROVE DEMAND REGISTERS DATED MAY 31 AND JUNE 7, 2019 23 5.ADOPT RESOLUTION OF SUPPORT FOR BALANCED ENERGY SOLUTIONS AND LOCAL CONTROL [RESOLUTION NO. 2019-020] 41 6. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE HIGHWAY 111 SIDEWALK IMPROVEMENTS PROJECT LOCATED ON THE SOUTH SIDE OF HIGHWAY 111, BETWEEN ADAMS STREET AND LA QUINTA DRIVE (PROJECT NO. 2018-03) 47 7. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE HIGHWAY SAFETY IMPROVEMENTS PROGRAM CITYWIDE FIBER OPTIC SIGNAL INTERCONNECT PROJECT (PROJECT NO. 2016-02) 51 8. APPROVE AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH HENSON CONSULTING GROUP FOR LEADERSHIP DEVELOPMENT AND TRAINING PROGRAMS 55 9. APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN DESERT SANDS UNIFIED SCHOOL DISTRICT FOR PARTIAL FUNDING OF TWO SCHOOL RESOURCE OFFICERS 63 10. APPROVE FIRE STATION NO. 70 KITCHEN AND FLOOR REMODEL PROJECT (NO. 2018-35); AND APPROVE CONTRACT SERVICES AGREEMENT WITH DESERT CONCEPTS FOR DEMOLITION AND INSTALLATION 67 11. APPROVE AGREEMENT FOR LAW ENFORCEMENT SERVICES WITH THE COUNTY OF RIVERSIDE 107 CONSENT CALENDAR – HOUSING AUTHORITY NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAGE 1. APPROVE SPECIAL MEETING MINUTES OF MAY 21, 2019 121 2. APPROVE CONTRACT SERVICES AGREEMENT WITH BECKY CAHA FOR HOUSING COMPLIANCE AND MONITORING SERVICES 123 CITY COUNCIL AGENDA 4 JUNE 18, 2019 HOUSING AUTHORITY AGENDA – SPECIAL MEETING BUSINESS SESSION – CITY COUNCIL AND HOUSING AUTHORITY PAGE 1.City Council and Housing Authority: INTERVIEW AND APPOINT RESIDENTS TO VARIOUS CITY COMMISSIONS 161 2.City Council: APPROVE PERSONNEL POLICIES AND PROCEDURES 163 3.City Council: APPROVE WRITE-OFF OF OUTSTANDING INTERFUND LOANS 293 4.City Council: ADOPT RESOLUTION TO APPROVE REVISIONS TO THE CITY’S PURCHASING AND CONTRACTING POLICY [RESOLUTION NO. 2019-021] 303 5.City Council: ADOPT RESOLUTIONS TO APPROVE FISCAL YEAR 2019/20 BUDGET AND ESTABLISH THE CITY’S APPROPRIATIONS LIMIT; ADD POSITION OF ASSISTANT CONSTRUCTION MANAGER, CODE COMPLIANCE OFFICER II, AND MANAGEMENT ANALYST; AMEND CLASSIFICATIONS OF BUILDING SUPERINTENDENT TO MANAGEMENT ANALYST, MAINTENANCE MANAGER TO MANAGEMENT ANALYST, AND MAINTENANCE WORKER I TO MAINTENANCE WORKER II; AND REMOVE SENIOR CIVIL ENGINEER AND ASSOCIATE ENGINEER POSITIONS [RESOLUTION NOS. 2019-022 AND 2019-023] 355 6.Housing Authority: ADOPT RESOLUTION TO APPROVE LA QUINTA HOUSING AUTHORITY FISCAL YEAR 2019/20 BUDGET [RESOLUTION NO. HA 2019-002] 387 7.City Council: APPROVE CONTRACT SERVICES AGREEMENT WITH NAI CONSULTING, INC FOR CAPITAL IMPROVEMENT PROGRAM PROJECT MANAGEMENT AND ENGINEERING SERVICES 401 STUDY SESSION – CITY COUNCIL PAGE 1. PUBLIC SAFETY CAMERA SYSTEM’S PILOT PROGRAM AND SURVEY RESULTS 459 PUBLIC HEARINGS – CITY COUNCIL (after 5:00 p.m.) For all Public Hearings on the agenda, a completed “Request to Speak” form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project(s). If you challenge a project(s) in court, you may be limited to raising only those issues you or someone CITY COUNCIL AGENDA 5 JUNE 18, 2019 HOUSING AUTHORITY AGENDA – SPECIAL MEETING else raised at the public hearing or in written correspondence delivered to the City at, or prior to the public hearing. PAGE 1. ADOPT RESOLUTION TO CONFIRM THE ASSESSMENT AND DISTRICT DIAGRAM FOR 2019/20 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 [RESOLUTION NO. 2019-024] 709 DEPARTMENTAL REPORTS – CITY COUNCIL 1. CITY MANAGER – SILVERROCK DEVELOPMENT OUTREACH UPDATE 737 2. CITY ATTORNEY – DISTRICT ATTORNEY’S OFFICE – COMMUNITY ACTION TEAMS 739 3. CITY CLERK 4. COMMUNITY RESOURCES A. ART IN PUBLIC PLACES REFRESH 741 B. FIRE SERVICES REVIEW 757 C. REGIONAL POLICE SERVICES STUDY 759 5. DESIGN AND DEVELOPMENT A. CALLE TAMPICO / PARK AVENUE INTERSECTION OPTIONS 761 B. MONTHLY DEPARTMENT REPORT – MAY 2019 771 6. FACILITIES – MONTHLY DEPARTMENT REPORT – MAY 2019 775 COUNCIL AND AUTHORITY MEMBERS’ ITEMS REPORTS AND INFORMATIONAL ITEMS – CITY COUNCIL 1. CVAG COACHELLA VALLEY CONSERVATION COMMISSION (Evans) 2.CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE (Evans) 3. CVAG EXECUTIVE COMMITTEE (Evans) 4.GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (Evans) 5. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans) 6.COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (Evans) 7.SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans) 8.ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Radi) 9. COACHELLA VALLEY MOUNTAINS CONSERVANCY (Fitzpatrick) 10.DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick and Radi) 11. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Fitzpatrick & Peña) 12.RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick) 13.SILVERROCK EVENT SITE AD HOC COMMITTEE (Fitzpatrick) 14.CANNABIS AD HOC COMMITTEE (Peña and Sanchez) 15.CVAG PUBLIC SAFETY COMMITTEE (Peña) 16.EAST VALLEY COALITION (Peña) 17.CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE (Peña) 18.LEAGUE OF CALIFORNIA CITIES – PUBLIC SAFETY POLICY COMMITTEE (Peña) 19.CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE (Peña) CITY COUNCIL AGENDA 6 JUNE 18, 2019 HOUSING AUTHORITY AGENDA – SPECIAL MEETING 20. CVAG TRANSPORTATION COMMITTEE (Radi) 21. SUNLINE TRANSIT AGENCY (Radi) 22. CITYWIDE SECURITY CAMERAS AD HOC COMMITTEE (Radi) 23. DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Radi and Sanchez) 24. ANIMAL CAMPUS COMMISSION (Sanchez) 25. COACHELLA VALLEY ECONOMIC PARTNERSHIP (Sanchez) 26. LEAGUE OF CALIFORNIA CITIES – GOVERNANCE, TRANSPARENCY AND LABOR POLICY COMMITTEE (Sanchez) 27. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez) 28. FINANCIAL ADVISORY COMMISSION MINUTES DATED APRIL 10 AND MAY 15, 2019 803 ADJOURNMENT – CITY COUNCIL AND HOUSING AUTHORITY ********************************* The next regular meeting of the City Council will be held on July 2, 2019 at 4:00 p.m. at the City Hall Council Chambers, 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 Chambers at 78495 Calle Tampico, and the bulletin boards at the Stater Brothers Supermarket at 78630 Highway 111, and the La Quinta Cove Post Office at 51321 Avenida Bermudas, on June 15, 2019. DATED: June 15, 2019 MONIKA RADEVA, City Clerk City of La Quinta, California Public Notices  The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk’s office at (760) 777-7092, twenty-four (24) hours in advance of the meeting and accommodations will be made.  If special electronic equipment is needed to make presentations to the City Council, arrangements should be made in advance by contacting the City Clerk’s office at (760) 777-7092. A one (1) week notice is required.  If background material is to be presented to the Councilmembers during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting.  Any writings or documents provided to a majority of the City Council regarding any item(s) on this agenda will be made available for public inspection at the Community Development counter at City Hall located at 78495 Calle Tampico, La Quinta, California, 92253, during normal business hours. CITY COUNCIL MINUTES Page 1 of 12 JUNE 4, 2019 CITY COUNCIL MINUTES TUESDAY, JUNE 4, 2019 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, Peña, Radi, Sanchez, Mayor Evans ABSENT: None PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA The following amendments to the agenda were requested by Staff and Council: City Manager Spevacek requested to add “Introduce New City Staff” under the Announcements, Presentations, and Written Communications section of the agenda. Councilmember Radi requested to pull Consent Calendar Item No. 10 for a separate vote. Mayor Evans requested to move Consent Calendar Item No. 14 to Business Session Item No. 1 for comments and separate vote. City Attorney Ihrke said he will make a verbal announcement on Business Session Item No. 1 (moved from Consent Calendar Item No. 14) pursuant to Government Code Section 54953(c)(3) [Brown Act]. Councilmember Peña said he will recuse himself from discussion and vote on Consent Calendar Item Nos. 9 and 10 due to a potential conflict of interest stemming from the proximity of real property to the project sites. Councilmember Fitzpatrick requested to comment on Consent Calendar Item No. 9. Mayor Evans requested to pull Consent Calendar Item No. 15 for a separate vote. Council concurred. CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR VACANT PROPERTY LOCATED IN DESERT CLUB ESTATES BEARING ASSESSOR’S PARCEL NUMBER (APN) 770-174-001 CITY NEGOTIATOR: FRANK J. SPEVACEK, CITY MANAGER PROPERTY OWNER: CITY OF LA QUINTA CONSENT CALENDAR ITEM NO. 1 7 CITY COUNCIL MINUTES Page 2 of 12 JUNE 4, 2019 UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT AND/OR DISPOSITION OF THE PROPERTIES IDENTIFIED 2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6; CITY DESIGNATED REPRESENTATIVE: CHRIS ESCOBEDO, COMMUNITY RESOURCES DIRECTOR; AND EMPLOYEE ORGANIZATION: LA QUINTA CITY EMPLOYEES ASSOCIATION 3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OR (3) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1) COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:04 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:00 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported no actions were taken in Closed Session that require reporting pursuant to Government Code section 54957.1 (Brown Act). PLEDGE OF ALLEGIANCE Councilmember Peña led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Ed Berault, La Quinta – said over the last two-and-a-half years he observed several vehicles crashing into the wall at the Calle Tampico and Park Avenue street curve; noted he has discussed this matter with Engineering Staff who after exploring the matter said the City will look into installing a stop sign in both directions to slow traffic; stated that putting up a stop sign would not be effective because the incidents have occurred late at night and drivers are likely to miss the stop signs as the street is not very well lit and drivers may be impaired; recommended that the City take mitigation measures such as installing a barrier in front of the wall or beautifying it with additional palm trees which can also act as a barrier so vehicles can’t get through them; and expressed his concern for the safety of the homes located under that road. 8 CITY COUNCIL MINUTES Page 3 of 12 JUNE 4, 2019 ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. added >>> INTRODUCE NEW CITY STAFF City Manager Spevacek introduced Administrative Assistant Araceli Felix with the Clerk’s Office. CONSENT CALENDAR 1. APPROVE MINUTES OF MAY 21, 2019 2. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED APRIL 30, 2019 3. APPROVE DEMAND REGISTERS DATED MAY 10, 17, AND 24, 2019 4. ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2019/20 INVESTMENT POLICY [RESOLUTION NO. 2019-015] 5. ADOPT RESOLUTION TO APPROVE AMENDING THE SURPLUS PROPERTY AND EQUIPMENT POLICY [RESOLUTION NO. 2019-016] 6. ADOPT RESOLUTIONS TO 1) APPROVE PRELIMINARY 2019/20 ENGINEER’S ANNUAL LEVY REPORT FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1, AND 2) DECLARE INTENT TO LEVY ANNUAL ASSESSMENTS FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 [RESOLUTION NOS. 2019-017 AND 2019-018] 7. ADOPT RESOLUTION TO REQUEST COUNTY OF RIVERSIDE PLACE COLLECTION COSTS FOR SOLID WASTE HANDLING SERVICES AT SINGLE-FAMILY DWELLINGS ON TAX ROLL [RESOLUTION NO. 2019-019] 8. APPROVE AMENDMENT NO. 3 TO COOPERATIVE AGREEMENT BETWEEN THE CITY OF LA QUINTA AND THE CITY OF INDIO FOR DESIGN AND CONSTRUCTION OF STREET AND CANAL IMPROVEMENTS ALONG MADISON STREET FROM AVENUE 50 TO AVENUE 52 9. separate vote due to conflict of interest >>> APPROVE AGREEMENT FOR CONTRACT SERVICES WITH SOUTHSTAR ENGINEERING AND CONSULTING, INC TO PROVIDE CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE LA QUINTA VILLAGE COMPLETE STREETS PROJECT (PROJECT NO. 2015-03/ 151603) 10. pulled for separate vote by Councilmember Radi >>> AWARD A CONTRACT TO GRANITE CONSTRUCTION COMPANY IN THE 9 CITY COUNCIL MINUTES Page 4 of 12 JUNE 4, 2019 AMOUNT OF $8,115,118 FOR THE LA QUINTA VILLAGE COMPLETE STREETS PROJECT (PROJECT NO. 2015-03/151603) 11. AWARD A CONTRACT TO URBAN HABITAT IN THE AMOUNT OF $721,040 FOR THE LA QUINTA LANDSCAPE RENOVATION IMPROVEMENTS PROJECT LOCATED AT THE LA QUINTA HIGHLANDS DEVELOPMENT, ON THE SOUTH SIDE OF FRED WARING DRIVE AND WEST SIDE OF ADAMS STREET (PROJECT NO. 2016-03D) 12. ACCEPT JEFFERSON STREET SIDEWALK GAP CLOSURE PROJECT LOCATED ON THE WEST SIDE OF JEFFERSON STREET BETWEEN AVENUE 50 AND DEREK ALAN DRIVE (PROJECT NO. 2017-06) 13. APPROVE AMENDMENT NO. 7 TO PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL TO PREPARE SEPARATE BID DOCUMENTS FOR THE CANAL CROSSING ON SILVERROCK WAY AND TO PROVIDE CONSTRUCTION SUPPORT FOR THE SILVERROCK WAY (PROJECT NO. 2014-17) 14. moved to Business Session Item No. 1 by Mayor Evans >>> APPROVE 27-DAY EXTENSION TO THE CURRENT CITY MANAGER’S EMPLOYMENT AGREEMENT; APPROVE THE NEW CITY MANAGER’S EMPLOYMENT AGREEMENT; AND RECEIVE UPDATE ON TERMINATION AGREEMENTS WITH TALL MAN GROUP 15. pulled for separate vote by Mayor Evans >>> AUTHORIZE OVERNIGHT TRAVEL FOR TWO COUNCILMEMBERS TO ATTEND THE LEAGUE OF CALIFORNIA CITIES MAYOR AND COUNCILMEMBERS EXECUTIVE FORUM AND ADVANCED LEADERSHIP WORKSHOP IN NEWPORT BEACH, CALIFORNIA, JUNE 19-20, 2019 CONSENT CALENDAR ITEM NOS. 1 – 8 AND 11 – 13: MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Radi to approve Consent Calendar Item Nos. 1 – 8 and 11 – 13 as recommended, with the following items adopting resolutions as listed below:  Item No. 4 adopting Resolution No. 2019-015  Item No. 5 adopting Resolution No. 2019-016  Item No. 6 adopting Resolution Nos. 2019-017 and 2019-018  Item No. 7 adopting Resolution No. 2019-019 Motion passed unanimously. COUNCILMEMBER PEÑA RECUSED HIMSELF FROM DISCUSSION AND VOTE ON CONSENT CALENDAR ITEM NOS. 9 AND 10 DUE TO POTENTIAL CONFLICT OF INTEREST STEMMING FROM THE PROXIMITY OF REAL PROPERTY TO THE PROJECT SITE. 10 CITY COUNCIL MINUTES Page 5 of 12 JUNE 4, 2019 CONSENT CALENDAR ITEM NO. 9 Councilmember Fitzpatrick commended Staff and Southstar Engineering and Consulting for the very thorough set of specifications (Exhibit A to the Contract Services Agreement) of the work that will be performed to keep the La Quinta Village Complete Streets project moving forward smoothly and to complete it as quickly as possible. MOTION – A motion was made and seconded by Councilmembers Radi/Fitzpatrick to approve the Consent Calendar as recommended. Motion passed: ayes 4, noes 0, abstain 1 (Peña). CONSENT CALENDAR ITEM NO. 10 Mayor Evans said this project will transform the La Quinta Village and Old Town area by reducing the number of travel lanes, adding bike and golf cart lanes, and roundabouts to improve connectivity and make it more pedestrian friendly. MOTION – A motion was made and seconded by Councilmembers Radi/Fitzpatrick to approve the Consent Calendar as recommended. Motion passed: ayes 4, noes 0, abstain 1 (Peña). CONSENT CALENDAR ITEM NO. 15 Mayor Evans said she does not support this item because it is not a valuable investment as the three workshop topics are disaster training which the City provides, city finances in which Council is well versed in and has Finance Director Romero as a resource, and cannabis regulation practices which was covered at a previous League of California Cities (League) training. Councilmember Peña said the workshop will also cover the topic of “mastering your role as a councilmember, community leader, and colleague” which he will be attending. Councilmember Radi said going forward it is important to have a clearly defined budget allocated for League trainings so Council can make decisions on what trainings to attend while staying within the set budget. MOTION – A motion was made and seconded by Councilmembers Peña/ Sanchez to approve the Consent Calendar as recommended. Motion passed: ayes 4, noes 1 (Evans), abstain 0. BUSINESS SESSION AGENDA ORDER OF BUSINESS SESSION ITEMS WERE RE-ARRANGED AND RE-NUMBERED (please reference Confirmation of Agenda section on page 1) 11 CITY COUNCIL MINUTES Page 6 of 12 JUNE 4, 2019 1. moved from Consent Calendar Item No. 14 by Mayor Evans >>> APPROVE 27-DAY EXTENSION TO THE CURRENT CITY MANAGER’S EMPLOYMENT AGREEMENT; APPROVE THE NEW CITY MANAGER’S EMPLOYMENT AGREEMENT; AND RECEIVE UPDATE ON TERMINATION AGREEMENTS WITH TALL MAN GROUP Verbal announcement by City Attorney Ihrke: Pursuant to Government Code Section 54953(c)(3), this announcement is to verbally report the fiscal impact of the current City Manager’s employment agreement extension and the new City Manager’s employment agreement:  There is no fiscal impact for the 27-day extension of the current City Manager’s employment agreement; a pro-rata amount of the current annual salary of $220,366 and health benefits will be paid for the extended period;  The new City Manager’s employment agreement terms are as follows:  Term will commence effective July 1, 2019;  Annual salary is set at $210,000;  Option to increase annual salary to $215,000, upon Council’s discretion, after six months based on job performance metrics;  Option to receive a 5% annual salary increase, not to exceed $10,000 per year, based on job performance metrics of the City Manager’s annual performance review; and  Option to receive the same health benefits as currently authorized for management employees, these benefits would annually cost $20,998. City Attorney Ihrke reported the City Manager (on behalf of the City and Housing Authority) executed with Tall Man Group an “Acknowledgement of Completion of Services and Mutual Termination” for all pending Tall Man Group agreements; thus all independent contractor services agreements between the City and Tall Man Group have been terminated effective June 1, 2019. Council commended current City Manager Spevacek for his work and accomplishments in building La Quinta during his tenure as City Manager and redevelopment consultant. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Radi to approve 1) Third Amendment to the current City Manager Employment Agreement extending the term through June 30, 2019, substantially in the form attached to this report; 2) new City Manager Employment Agreement with Jon McMillen, to be effective July 1, 2019, substantially in the form attached to this report; and 3) receive and file update on the mutual termination agreements with Tall Man Group. Motion passed unanimously. 12 CITY COUNCIL MINUTES Page 7 of 12 JUNE 4, 2019 2. moved from Business Session Item No. 1 due to re-ordering of Agenda items >>> APPROVE THIRD ROUND COMMUNITY SERVICES GRANTS FOR 2018/19 Community Resources Manager Calderon presented the staff report, which is on file in the Clerk’s Office. The following PUBLIC SPEAKERS spoke about their organizations’ services, objectives, community outreach and promotions:  Area Auditor and Instructor Franco Castro with AYSO La Quinta (American Youth Soccer Organization)  Director Annette Garcia with Coachella Valley Horse Rescue  Chair of Local Committee Quinn Brady and wife and Member of Local Committee Betty Brady in support of Swing Against Cancer Golf Tournament; and Senior Director of Development and Community Relations Carmy Peters with USC Norris Comprehensive Cancer Center  Founder and Director Joanna Whitlow with About Families  Representative Brian Daly with American Red Cross  Executive Director Denise Dion-Scoyni with the Chuck Jones Center for Creativity  Head Swim Coach Stephanie with La Quinta High School Blackhawk Boosters Aquatics Council discussed increasing the grant allocation for AYSO La Quinta from $2,000 to $5,000; the availability of additional grant funds in the account to accommodate this increase; and consideration of waiving park rental fees is not within the scope of this item. MOTION – A motion was made and seconded by Councilmembers Peña/Sanchez to approve the third round of Community Services Grants for 2018/19 as recommended by the Ad-hoc Committee and increasing the AYSO La Quinta’s grant allocation from $2,000 to $5,000 for a total grant funding of $25,500:  About Families $2,750  American Red Cross $5,000  AYSO La Quinta $5,000  Certified Farmers Market of the Coachella Valley $1,000  Chuck Jones Center for Creativity $ 500  Coachella Valley Horse Rescue $2,500  Galilee Center Inc $1,000  La Quinta High School Blackhawk Boosters Aquatics $5,000  Swing Against Cancer Golf Tournament $ 500  Transgender Community Coalition $2,250 Motion passed unanimously. 13 CITY COUNCIL MINUTES Page 8 of 12 JUNE 4, 2019 3. moved from Business Session Item No. 2 due to re-ordering of Agenda items >>> APPROVE CONTRACT SERVICES AGREEMENT WITH BANK OF THE WEST FOR BANKING AND MERCHANT SERVICES Financial Analyst Hallick presented the staff report, which is on file in the Clerk’s Office. Staff noted the following Bank of the West representatives are present:  Matthew Kirshsenman, VP and Senior Government Relations Manager  Lily NG, Director of Government Banking Manager  Karen Carver, Branch Manager (Indian Wells Branch)  Kevin Mayo, Vice President of the Wealth Management Division Staff commended the Financial Advisory Commission, Commissioner Batavick and Chairman Mills, for their time and efforts in the review process, and participation in the selection committee for banking and merchant services. Council discussed the process and timeline of transitioning banking services; What would be normal pitfalls in a transition process. PUBLIC SPEAKERS: Matthew Kirshsenman – spoke about the process and timeline for banking services transition. PUBLIC SPEAKERS: Lily NG – said Bank of the West’s primary focus is in California with over 100 customers throughout the state; headquarters are located in San Francisco; the bank has customers in 21 states; and spoke about the bank’s history. MOTION – A motion was made and seconded by Councilmembers Radi/Sanchez to approve Contract Services Agreement with Bank of the West for banking and merchant services; and authorize the City Manager to execute the agreement. Motion passed unanimously. 4. moved from Business Session Item No. 3 due to re-ordering of Agenda items >>> RECEIVE AND FILE FISCAL YEAR 2018/19 FOURTH QUARTER BUDGET REPORT AND APPROVE THE RECOMMENDED BUDGET ADJUSTMENTS Finance Director Romero presented the staff report, which is on file in the Clerk’s Office. Council discussed the Wellness Center refresh improvements; the increase in false alarm fees, noted the preference is that residents and businesses permanently resolve their false alarm issues instead of paying the fees, and confirmed that Staff communicates this message and offers solutions whenever possible. 14 CITY COUNCIL MINUTES Page 9 of 12 JUNE 4, 2019 MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to receive and file fiscal year 2018/19 Fourth Quarter Budget Report and approve budget adjustments as recommended. Motion passed unanimously. 5. moved from Business Session Item No. 4 due to re-ordering of Agenda items >>> APPROVE RIGHT OF ENTRY, TEMPORARY CONSTRUCTION EASEMENT, IMPROVEMENTS AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF LA QUINTA AND TUTTLE LLC, FOR THE DESIGN AND CONSTRUCTION OF A BLOCK WALL, GATES, DRIVEWAY AND PARKWAY IMPROVEMENTS AT 51555 MADISON STREET City Engineer McKinney presented the staff report, which is on file in the Clerk’s Office. Council said the improvements look great and will benefit property values along the street; and the next item of work will be the installation of traffic signals at the intersections of Madison Street and Avenue 50 and Madison Street and Avenue 52. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Peña to approve Right of Entry, Temporary Construction Easement, Improvements and Maintenance Agreement between the City of La Quinta and Tuttle LLC, for the design and construction of a block wall, gates, driveway, and parkway improvements at 51555 Madison Street; and authorize the City Manager to execute the agreement. Motion passed unanimously. STUDY SESSION 1. DISCUSS FISCAL YEAR 2019/20 PRELIMINARY PROPOSED BUDGET Finance Director Romero presented the staff report, which is on file in the Clerk’s Office. Council discussed ongoing Short-Term Vacation Rental (STVR) compliance efforts; use of the STVR hot-line increased three-fold following community outreach efforts prior to the Coachella and Stage Coach music festivals; Fridays and Saturdays hot-line calls are answered by Staff; police involvement with STVR and Staff’s follow-up; field Staff has iPads which allows access to the City’s database remotely when responding to calls; Staff’s process for investigating and responding to STVR compliance calls; the responsibilities of the new Code Compliance Officer position would include responding and investigating the increased volume of STVR calls received though the hot-line, 15 CITY COUNCIL MINUTES Page 10 of 12 JUNE 4, 2019 processing of related citations and appeals, responding to animal-related calls, patrolling the hiking trails, and assisting with the property maintenance back- log; and the STVR hot-line number is (760) 777 – 7157. Council discussed being fiscally responsible when adding new positions; the importance of ensuring Staff has the resources to provide appropriate public safety for the community; and to ensure the City’s STVR program is well managed. Council reached a consensus and expressed unanimous support for the additional considerations as presented:  School Resource Officer $91,000  Citizens on Patrol – Golf Cart, Training $7,500  Employee Medical Insurance, HR Budget - $51,300  Code Enforcement Officer $90,300 2. DISCUSS PARKING OPTIONS ON CALLE TECATE Management Analyst Ferreira presented the staff report, which is on file in the Clerk’s Office. Council discussed not being in support of “permit parking” along the north side of Calle Tecate; exploring painting the curb to allow temporary parking; pros and cons to installing stop signs and cross walks; initial community outreach results showed support for removing parking along the north side of Calle Tecate or switching it over to the south side entirely; implementation of stop signs was a recommended option from the traffic calming study; the objective of removing parking along the street was to ensure safety for bicyclist and pedestrians; safety benefits of removing parking along the street all together, and building an additional parking area to accommodate the parking needs for the area; temporary service providers parking is available along the adjacent streets; allowing temporary parking along Calle Tecate for service providers presents enforcement challenges and safety issues for cyclists when they have to go around parked vehicles; determining whether the two properties directly opposite of the proposed parking lot area are owner-occupied; determining whether removal of parking along the street would affect property values will require appraisal services and will be conducted dependent on Council’s direction on which option to proceed with Council reached consensus and directed staff to move forward with bringing forth for Council consideration the development of a new parking lot as recommended by staff; then eliminate street parking along Calle Tecate and implement bike lanes; and conduct community outreach to gauge residents’ response prior to bringing this matter forward for Council consideration; do not explore installing stop signs or permit parking along Calle Tecate at this time. 16 CITY COUNCIL MINUTES Page 11 of 12 JUNE 4, 2019 PUBLIC HEARINGS – None DEPARTMENTAL REPORTS All reports are on file in the City Clerk’s Office. City Manager Spevacek said the sale of the property slated for the development of the Marriott Residence Inn hotel was reflected in the Fourth Quarter Budget Report; he noted the developer has indicated that work on the site is to begin this Thursday, June 6, 2019. 4-A. EMERGENCY AND COMMUNITY NOTIFICATION SYSTEM Public Safety Analyst Alexander Johnson presented the staff report, which is on file in the Clerk’s Office. Council discussed the objective is to utilize the system not only for emergency incidents, but also for road closures, delays, and other pertinent incidents, and to be used in conjunction with other City social media accounts, emails, cell phone message alerts, etc; the system allows recipients to sign-up or opt-out of message categories in order to balance the volume of alerts being received; and set-up and administration of the system is managed completely in-house. 4-B. MATRIX REGIONAL STUDY Community Resources Director Escobedo said the joint efforts between the Cities of Indian Wells, La Quinta, Palm Desert, and Rancho Mirage to find efficiencies in police services while maintaining the safety of the community continue; the four cities held a joint meeting on June 3, 2019, to review and discuss the draft report prepared by Matrix Consulting Services; Senior Manager Byron Pipkin presented the report at the meeting, and following final comments from the four cities, the report will be finalized and made public on Friday, June 7, 2019; Cove Communities Commission has extended an invitation to the four cities to participate in the next meeting; having two elected officials from each city participate in these discussions is being considered, and Staff will seek Council’s direction on this matter. added >>> INDIAN WELLS LA QUINTA IRONMAN 70.3 TRIATHLON Community Resources Management Analyst Torres said the traffic control plan for the Ironman event was approved on May 31, 2019; next benchmark is June 30, 2019 by which time the team will finalize the signage plan, set-up and break-down plan, and the police manual; the event date has been changed to December 8, 2019 per Council’s direction; and Staff continues community outreach. 17 CITY COUNCIL MINUTES Page 12 of 12 JUNE 4, 2019 MAYOR’S AND COUNCIL MEMBERS’ ITEMS Council recognized Mayor Evans and wished her a Happy Birthday. Mayor Evans said City Manager Spevacek and she will be attending the City of Indian Wells (IW) Council meeting this Thursday, June 6, 2019 due to the continuation of the boundary adjustment at the Whitewater Channel; IW’s staff initial recommendation was to approve this item, and legal counsel has indicated the boundary adjustment does not violate IW’s 2016 Measure H, which requires majority City voter approval prior to any development of the CV Link project within IW; this direction has changed due to safety concerns around the rock near the Cliff House restaurant, which is not part of La Quinta’s proposal, and potential political implications. REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2019, Mayor Evans reported on her participation in the following organization’s meeting:  CVAG EXECUTIVE COMMITTEE La Quinta’s representative for 2019, Councilmember Radi reported on his participation in the following organization’s meeting:  SUNLINE TRANSIT AGENCY ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Fitzpatrick to adjourn at 6:05 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California 18 AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR FIVE COUNCILMEMBERS, DIRECTOR OF COMMUNITY RESOURCES AND ASSISTANT TO THE CITY MANAGER TO ATTEND LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN LONG BEACH, CALIFORNIA, OCTOBER 16-18, 2019 RECOMMENDATION Authorize overnight travel for five Councilmembers, Director of Community Resources and the Assistant to the City Manager to attend the League of California Cities Annual Conference in Long Beach, California, October 16-18, 2019. EXECUTIVE SUMMARY •The League of California Cities (League) is an association of California cities who collaborate to exchange information and combine resources to influence state legislation. •The League’s Annual Conference (Conference) provides attendees the opportunity to participate in education sessions, discussion forums and networking. •This item has been scheduled this far in advance so that attendees may obtain advance booking reduced rates. FISCAL IMPACT Estimated expenses are $1,400 per attendee; this cost includes conference registration, lodging and meals. There will be no air travel expense due to the conference location. Funds are included in the travel and training budgets; City Council (101-1001-60320), City Manager (101-1002-60320) and Community Resources (101-3001-60320). BACKGROUND/ANALYSIS The League’s Annual Conference provides an opportunity for local leaders to learn from leading experts as well as from their peers. Education sessions and forums will include topics such as communication, economic development, public safety, and technology. Further, the League’s Annual Business Meeting, held during the General Assembly, acts on resolutions that establish League policy; and Mayor Evans is the City’s voting delegate. Additionally, the Regional Riverside Division holds a meeting during this time. CONSENT CALENDAR ITEM NO. 2 City of La Quinta JOINT CITY COUNCIL/HOUSING AUTHORITY MEETING: June 18, 2019 STAFF REPORT 19 Staff is requesting Council consideration of this matter at this time so that attendees may qualify for reduced rates. The League has opened registration for the September 2019 conference, and if members register now, they qualify for reduced registration and room rates. ALTERNATIVES The Council could elect to reduce the number of attendees or not have anyone attend. Prepared by: Teresa Thompson, Management Specialist Approved by: Frank J. Spevacek, City Manager 20 AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR FACILITIES MANAGEMENT ASSISTANT TO ATTEND THE THIRD YEAR OF CALIFORNIA PARKS AND RECREATION SOCIETY MAINTENANCE MANAGEMENT SCHOOL IN LAKE ARROWHEAD, CALIFORNIA, NOVEMBER 11-15, 2019 RECOMMENDATION Authorize overnight travel for the Facilities Management Assistant to attend the third year of California Parks and Recreation Society Maintenance Management School in Lake Arrowhead, California, November 11-15, 2019. EXECUTIVE SUMMARY •The California Parks and Recreation Society (CPRS) Maintenance Management School instructs participants in a systematic approach to resources management. •The Facilities Management Assistant has attended this CPRS school for the past two years and seeks to continue with the third-year training of this five-year program; she has applied prior year program knowledge to the City’s park operations. •This year’s CPRS training session will focus on facilities maintenance strategic planning, organizational effectiveness, and long-term park sustainability. FISCAL IMPACT Estimated cost is $1,525, which includes registration, travel, lodging, parking and meals for five days. Funds are budgeted in the 2019/20 Parks Maintenance budget (101-3005-60320). BACKGROUND/ANALYSIS The CPRS Maintenance Management School is a five-year program that teaches a systematic approach to effective facilities maintenance and management. The program is five days of intense educational and group sessions. Each year, classes build and expand upon the prior year’s curriculum; the Facilities Management Assistant has attended the prior two year sessions of this five year program. Year three focuses on strategic planning, creating a future vision, organizational structure and effectiveness, succession planning, strategies for CONSENT CALENDAR ITEM NO. 3 City of La Quinta JOINT CITY COUNCIL/HOUSING AUTHORITY MEETING: June 18, 2019 STAFF REPORT 21 long term sustainability and communication. CPRS recommends participants register early (July first) as year three fills up quickly. ALTERNATIVES Council could elect not to authorize this travel request. Prepared by: Dianne Hansen, Management Assistant Approved by: Gil Villalpando, Assistant to City Manager 22 AGENDA TITLE: APPROVE DEMAND REGISTERS DATED MAY 31 AND JUNE 7, 2019 RECOMMENDATION Approve demand registers dated May 31 and June 7, 2019. EXECUTIVE SUMMARY – None FISCAL IMPACT Demand of Cash: City 1,237,093.73$ Successor Agency of RDA 2,292.18$ Housing Authority 11,879.74$ 1,251,265.65$ BACKGROUND/ANALYSIS Routine bills and payroll must be paid between Council meetings. Attachment 1 details the weekly demand registers for May 31 and June 7, 2019. Warrants Issued: 122623-122697 303,495.93$ 122698-122765 298,330.43$ Wire Transfers 393,437.75$ Payroll Tax Transfers 44,165.98$ Payroll Direct Deposit 211,835.56$ 1,251,265.65$ CONSENT CALENDAR ITEM NO. 4 City of La Quinta JOINT CITY COUNCIL/HOUSING AUTHORITY MEETING: June 18, 2019 STAFF REPORT 23 The most significant expenditures on the demand register are: Account Name Amount Rangwala Professional 67,725.00$ April-May Hwy 111 Associates Services Corridor Plan NAI Consulting Inc Various 45,292.50$ April Contract Services Conserve Landcare Landscape 43,054.77$ May Landscape Contract Services Rutan & Tucker Various 37,401.67$ April Legal Services Madden Fabrication Construction 31,200.00$ Cove Restroom PurposeVendor Wire Transfers: Four transfers totaled $393,437. Of this amount, $230,024 was for Landmark and $159,216 was for PERS. (See Attachment 2 for a full listing). Investment Transactions: Full details of investment transactions as well as total holdings are reported quarterly in the Treasurer’s Report. Transaction Issuer Type Par Value Settlement Date Coupon Rate Maturity Peapack-Gladstone CD 240,000$ 5/28/19 1.800% Call Federal Home Loan Bank Agency 1,000,000$ 5/28/19 2.625% Purchase Federal Farm Credit Bank Agency 500,000$ 5/28/19 1.700% Purchase Century Next Bank CD 248,000$ 5/29/19 2.500% Maturity US Treasury Treasury 1,000,000$ 5/31/19 1.500% Purchase US Treasury Treasury 500,000$ 5/31/19 1.375% Purchase US Treasury Treasury 500,000$ 5/31/19 1.750% Maturity Solomon State Bank CD 248,000$ 6/4/19 1.400% Maturity Connect One CD 248,000$ 6/5/19 1.500% Purchase Plains Commerce Bank CD 245,000$ 6/7/19 2.550% Purchase Pittsfield Co-Op CD 245,000$ 6/7/19 2.500% ALTERNATIVES Council may approve, partially approve, or reject the demand registers. Prepared by: Bernice Choo, Account Technician Approved by: Rosemary Hallick, Financial Services Analyst Attachments:1. Demand Registers 2.Wire Transfers 24 5/30/2019 5:21:43 PM Page 1 of 7 Demand Register City of La Quinta Packet: APPKT01997 - BC 05/31/19 AmountVendor Name Payable Number Description (Item)Account Name Account Number Fund: 101 - GENERAL FUND 196.05LT Care Insurance PayLONG TERM CARE0001915CALPERS LONG-TERM CARE P…101-0000-20949 162.00Garnishments PayableGARNISHMENT0001916RIVERSIDE COUNTY SHERIFF'S …101-0000-20985 682.84Garnishments PayableGARNISHMENT0001917RIVERSIDE COUNTY SHERIFF'S …101-0000-20985 64.40Instructors05/23/19 - ZUMBA052319MISELL, STACY 101-3002-60107 163.80Instructors05/23/19 - BALLROOM DANCING052319SHIRY, TERESA 101-3002-60107 11.20Instructors05/23/19 - TAI CHI CHUAN052319MEDEIROS, JOYCELEEN 101-3002-60107 433.13Instructors05/23/19 - TAEKWONDO052319ROJAS, MIGUEL ANGEL 101-3002-60107 121.60Instructors05/23/19 - PERSONAL TRAINER052319KEPLER, KRISTOFFER NEAL 101-3002-60107 109.20Instructors05/23/19 - EVENING & GENTLE YOGA052319WILSON, ALBA 101-3002-60107 89.60Instructors05/23/19 - CARDIO & SUN STYLE TAI CHI052319COHEN, ANN MARIE 101-3002-60107 396.26Training & Education/MOU05/29/19 - TUITION REIMB052919DELGADO, JESSICA 101-1004-60322 1,782.00Training & Education/MOU05/29/19 - TUITION REIMB052919VILLALPANDO, GILBERT 101-1004-60322 242.21Training & Education/MOU05/29/19 - TUITION REIMB052919LERMA, MIRTA 101-1004-60322 338.45Training & Education/MOU05/29/19 - TUITION REIMB052919SCOTT, ANGELA 101-1004-60322 839.03Travel & Training05/19-05/22/19 - GFOA REIMB053019ROMERO, KARLA 101-1006-60320 480.00Maintenance/Services05/21/19 - FB PARK SEAL MAINT1103BLOWNAWAY BY WILLIAM 101-3008-60691 3,642.50Consultants04/2019 CIP DEV/MEASURE A 5YR CIP12 JOB 2018-02NAI CONSULTING INC 101-7006-60104 1,160.00Consultants04/2019 ON CALL SVC CORPORATE YARD12 JOB 2018-02NAI CONSULTING INC 101-7006-60104 7,231.88Non-Reimbursable MiscTHERMAL LASER RANGE FINDER CAMERA129837FIRE ETC 101-2002-60445 597.80Lot Cleaning/Gravel Program05/21/19 - GRAVEL PROGRAM137840SOUTHWEST BOULDER & STO…101-6004-60120 597.05Lot Cleaning/Gravel Program05/22/19 - GRAVEL PROGRAM138107SOUTHWEST BOULDER & STO…101-6004-60120 75.23Citywide Conf Room Supplies05/17/19 - CITY WIDE DRINKING WATER15369616051719SPARKLETTS 101-1007-60403 9,204.00Professional Services04/04/19 - HWY 111 CORRIDOR AREA PL…1802RANGWALA ASSOCIATES 101-6002-60103 58,521.00Professional Services05/17/19 - HWY 111 CORRIDOR AREA PL…1803RANGWALA ASSOCIATES 101-6002-60103 7,417.13School Officer02/28-03/27/19 - BP #10 SCHOOL RESOU…2019/1115DESERT SANDS UNIFIED SCHO…101-2001-60168 8,744.37Dental Insurance Pay06/2019 - DENTAL INSURANCE2475061CIGNA HEALTH CARE 101-0000-20943 166.94Office Supplies05/09/19 - OFFICE SUPPLIES313228900001OFFICE DEPOT 101-1006-60400 417.73Forms, Copier Paper05/16/19 - CITY WIDE 8 1/2 X 11 & 11 X 17…316102856001OFFICE DEPOT 101-1007-60402 41.69Cable - Utilities05/16-6/15/19 - FS #70 (1860)31860051619TIME WARNER CABLE 101-2002-61400 118.36Office Supplies05/15/19 - OFFICE SUPPLIES3413988456STAPLES ADVANTAGE 101-6001-60400 59.07Office Supplies05/17/19 - OFFICE SUPPLIES FIRE3414127514STAPLES ADVANTAGE 101-2002-60400 184.32Office Supplies05/19/19 - OFFICE SUPPLIES CODE3414334652STAPLES ADVANTAGE 101-6004-60400 59.07Office Supplies05/22/19 - OFFICE SUPPLIES FIRE3414488720STAPLES ADVANTAGE 101-2002-60400 70.00Blood/Alcohol Testing05/06/19 - BLOOD ALCOHOL TESTING375929DEPARTMENT OF JUSTICE 101-2001-60174 7,137.26Building Improvements05/20/19 FS #70 CABINET DEPOSIT4430ABSOLUTE CABINETS, INC 101-2002-72110 198.27Uniforms05/20/19 - EMBROIDERED SHIRTS BLDG I…501CLQASSH-FAPALMS TO PINES PRINTING 101-6003-60690 76.86Cable - Utilities05/12-06/11/19 - FS #32 CABLE (4080)504080051219TIME WARNER CABLE 101-2002-61400 50.00Travel & Training05/22/19 - INSIGHT LUNCHEON S SANCHEZ5091BIA RIVERSIDE COUNTY CHAPT…101-1001-60320 290.00Land Acquisition05/14/19 - MARRIOTT GRANT DEED REVI…5280RASA/ERIC NELSON 101-1007-74010 -40.47Temporary Agency Services03/01/19 - HUB TEMP SVCS M GONZALEZ …53163430ROBERT HALF TECHNOLOGY 101-6006-60125 -40.47Temporary Agency Services03/08/19 - HUB TEMP SVCS M GONZALEZ …53163431ROBERT HALF TECHNOLOGY 101-6006-60125 1,174.03Temporary Agency Services05/10/19 - HUB TEMP SVCS M GONZALEZ53437527ROBERT HALF TECHNOLOGY 101-6006-60125 579.60Temporary Agency Services05/17/19 - FINANCE TEMP SVCS A CAMA…53478326ACCOUNTEMPS 101-1006-60125 1,177.27Temporary Agency Services05/17/19 - HUB TEMP SVCS M GONZALEZ53483791ROBERT HALF TECHNOLOGY 101-6006-60125 811.73Temporary Agency Services05/17/19 - HR TEMP SVCS A LISTON53488720OFFICE TEAM 101-1004-60125 952.80Temporary Agency Services05/17/19 - CODE TEMP SVCS C HARGENS53490638OFFICE TEAM 101-6004-60125 579.36Temporary Agency Services05/24/19 - FINANCE TEMP SVCS A CAMA…53509980ACCOUNTEMPS 101-1006-60125 1,000.00Temporary Agency Services05/24/19 - CITY CLERK TEMP BUYOUT A F…53516935OFFICE TEAM 101-1005-60125 494.28Printing05/23/19 - CHECK STOCK 17000-19000535853SAFECHECKS 101-1006-60410 -1.46Operating Supplies05/17/19 - CREDIT INV 55607974125560004348AUTOZONE 101-7003-60420 16,849.00Contract Traffic Engineer03/30-04/26/19 ON-CALL TRAFFIC ENGIN…617557WILLDAN 101-7006-60144 78.00Pest Control03/21/19 - CITY HALL PEST CONTROL660202959TRULY NOLEN INC 101-3008-60116 70.00Pest Control05/01/19 - WC PEST CONTROL660204488TRULY NOLEN INC 101-3008-60116 Attachment 1 25 Demand Register Packet: APPKT01997 - BC 05/31/19 5/30/2019 5:21:43 PM Page 2 of 7 AmountVendor Name Payable Number Description (Item)Account Name Account Number 78.00Pest Control04/17/19 - CITY HALL PEST CONTROL660204586TRULY NOLEN INC 101-3008-60116 2,568.00Maintenance/Services05/06/19 - CITY HALL POWER STRIPS & P…72982VINTAGE E & S INC 101-3008-60691 3,900.00Professional Services04/2019 SVCS FOR STVR PROGRAM741VACATION RENTAL COMPLIAN…101-6004-60103 146.43Maintenance/Services05/13/19 - FS #32 MATERIALS7481220FERGUSON ENTERPRISES, INC 101-2002-60691 49.07Materials/Supplies05/14/19 - CITY HALL PRESSURE REGULAT…9175227223GRAINGER 101-3008-60431 10,863.07Animal Shelter Contract Service04/2019 - ANIMAL SERVICESAN0000001642DEPARTMENT OF ANIMAL SER…101-6004-60197 241.00Sales Taxes Payable04/2019 SALES/USE TAXAPR'19SILVERROCK RESORT 101-0000-20304 11.17Community Experiences04/03-04/23/19 - CITY PICNIC & BDAY EV…APR'194593WALMART COMMUNITY 101-3003-60149 743.25Fire Station03/28-04/26/19 - FS #70 GAS DRYER MGD…APR'198768HOME DEPOT CREDIT SERVICES 101-2002-60670 151.57Fire Station03/28-04/26/19 - FS #93 LOCK OUT KITAPR'198768HOME DEPOT CREDIT SERVICES 101-2002-60670 39.66Maintenance/Services03/28-04/26/19 - FS #93 HOSEAPR'198768HOME DEPOT CREDIT SERVICES 101-2002-60691 106.58Maintenance/Services03/28-04/26/19 - FS #93 KITCHEN FAUCETAPR'198768HOME DEPOT CREDIT SERVICES 101-2002-60691 164.95Maintenance/Services03/28-04/26/19 - FS #93 FILTERSAPR'198768HOME DEPOT CREDIT SERVICES 101-2002-60691 148.31Materials/Supplies03/28-04/26/19 - STOCK MATERIALSAPR'198768HOME DEPOT CREDIT SERVICES 101-3005-60431 67.03Materials/Supplies03/28-04/26/19 - BEAR CRK TRAIL DRINKI…APR'198768HOME DEPOT CREDIT SERVICES 101-3005-60431 23.64Materials/Supplies03/28-04/26/19 - FB PK SHADE STRUCTUREAPR'198768HOME DEPOT CREDIT SERVICES 101-3005-60431 96.87Materials/Supplies03/28-04/26/19 - FB PARK TRASH CANSAPR'198768HOME DEPOT CREDIT SERVICES 101-3005-60431 42.14Materials/Supplies03/28-04/26/19 - ADAMS PK VOLLEYBALL …APR'198768HOME DEPOT CREDIT SERVICES 101-3005-60431 85.81Tools/Equipment03/28-04/26/19 - TOOLSAPR'198768HOME DEPOT CREDIT SERVICES 101-3005-60432 55.44Materials/Supplies03/28-04/26/19 - URETHANEAPR'198768HOME DEPOT CREDIT SERVICES 101-3008-60431 35.13Materials/Supplies03/28-04/26/19 - LQ PARK MATERIALSAPR'198768HOME DEPOT CREDIT SERVICES 101-3008-60431 12.98Materials/Supplies03/28-04/26/19 - WC MATERIALSAPR'198768HOME DEPOT CREDIT SERVICES 101-3008-60431 49.94Materials/Supplies03/28-04/26/19 - CITY HALL ROBE HOOK (…APR'198768HOME DEPOT CREDIT SERVICES 101-3008-60431 126.62Materials/Supplies03/28-04/26/19 - CITY HALL MATERIALSAPR'198768HOME DEPOT CREDIT SERVICES 101-3008-60431 15.70Materials/Supplies03/28-04/26/19 - CITY HALL TOWELSAPR'198768HOME DEPOT CREDIT SERVICES 101-3008-60431 82.57Materials/Supplies03/28-04/26/19 - CITY HALL MATERIALSAPR'198768HOME DEPOT CREDIT SERVICES 101-3008-60431 49.16Materials/Supplies03/28-04/26/19 - CITY HALL MATERIALSAPR'198768HOME DEPOT CREDIT SERVICES 101-3008-60431 17.35Tools/Equipment03/28-04/26/19 - TOOLSAPR'198768HOME DEPOT CREDIT SERVICES 101-3008-60432 62.31Operating Supplies03/28-04/26/19 - MATERIALS/SUPPLIESAPR'198768HOME DEPOT CREDIT SERVICES 101-7003-60420 36.88Tools/Equipment03/28-04/26/19 - SMALL TOOLSAPR'198768HOME DEPOT CREDIT SERVICES 101-7003-60432 12.07Materials/Supplies05/16/19 - KEYSBB00532246LOCK SHOP INC, THE 101-3005-60431 27.67Electricity - Utilities05/22/19 - ELECTRICITY SERVICECSE154IMPERIAL IRRIGATION DIST 101-3008-61101 2,471.76Water - Civic Center Park - Utili…05/22/19 - WATER SERVICECSW210COACHELLA VALLEY WATER DI…101-3005-61202 3,054.64Water -Community Park - Utilit…05/22/19 - WATER SERVICECSW210COACHELLA VALLEY WATER DI…101-3005-61209 137.12Administrative Citation Services01/01-12/31/18 - FTB OFFSETSFTB-00001090STATE CONTROLLER'S OFFICE 101-6004-60111 310.30Life Insurance Pay06/2019 - LIFE INSURANCEJUN'196430680001STANDARD INSURANCE COMP…101-0000-20947 3,506.73Disability Insurance Pay06/2019 - DISABILITYJUN'196430680001STANDARD INSURANCE COMP…101-0000-20955 449.41Add'l Life Insurance Pay06/2019 - ADD'L LIFE INSURANCEJUN'19643068002STANDARD INSURANCE COMP…101-0000-20948 47.60Subscriptions & Publications06/2019 - NEWSPAPER WCJUN'19DS0464815DESERT SUN, THE 101-3002-60352 210.41Water - Utilities05/22/19 - WATER SERVICEPWW189COACHELLA VALLEY WATER DI…101-2002-61200 67.42Water -Eisenhower Park - Utilit…05/22/19 - WATER SERVICEPWW189COACHELLA VALLEY WATER DI…101-3005-61203 48.94Water -Velasco Park - Utilities05/22/19 - WATER SERVICEPWW189COACHELLA VALLEY WATER DI…101-3005-61205 596.31Sheriff - Other03/25-04/24/19 - COPS FUELSH0000035185RIVERSIDE COUNTY SHERIFF D…101-2001-60176 Fund 101 - GENERAL FUND Total:166,866.98 Fund: 201 - GAS TAX FUND 118.68Equipment Rental05/03/19 - TAMPER STREETS10311001QUINN COMPANY 201-7003-61701 234.68Traffic Control Signs05/14/19 - TRAFFIC CONTROL SIGNS1075043TOPS'N BARRICADES INC 201-7003-60429 52.85Traffic Control Signs05/14/19 - TRAFFIC CONTROL SIGNS1075044TOPS'N BARRICADES INC 201-7003-60429 508.63Materials/Supplies05/07/19 - EPOXY FOR RPM50010326662HD SUPPLY CONSTRUCTION S…201-7003-60431 97.68Materials/Supplies03/28-04/26/19 - CONCRETE REPAIRAPR'198768HOME DEPOT CREDIT SERVICES 201-7003-60431 17.49Storm Drains03/28-04/26/19 - DRAIN MAINTAPR'198768HOME DEPOT CREDIT SERVICES 201-7003-60672 Fund 201 - GAS TAX FUND Total:1,030.01 Fund: 202 - LIBRARY & MUSEUM FUND 195.75Maintenance/Services05/07/19 - LIBRARY MATERIALS3298-407933CONSOLIDATED ELECTRICAL DI…202-3004-60691 357.24Maintenance/Services05/09/19 - LIBRARY MATERIALS3298-408816CONSOLIDATED ELECTRICAL DI…202-3004-60691 49.00Pest Control03/22/19 - MUSEUM PEST CONTROL660202917TRULY NOLEN INC 202-3006-60116 49.00Pest Control04/26/19 - MUSEUM PEST CONTROL660204539TRULY NOLEN INC 202-3006-60116 74.00Pest Control05/08/19 - LIBRARY PEST CONTROL660206185TRULY NOLEN INC 202-3004-60116 78.07HVAC03/28-04/26/19 - LIBRARY FILTERSAPR'198768HOME DEPOT CREDIT SERVICES 202-3004-60667 391.37Maintenance/Services03/28-04/26/19 - LIBRARY DOOR CLOSER …APR'198768HOME DEPOT CREDIT SERVICES 202-3004-60691 26 Demand Register Packet: APPKT01997 - BC 05/31/19 5/30/2019 5:21:43 PM Page 3 of 7 AmountVendor Name Payable Number Description (Item)Account Name Account Number 152.87Maintenance/Services03/28-04/26/19 - LIBRARY MATERIALSAPR'198768HOME DEPOT CREDIT SERVICES 202-3004-60691 73.50Maintenance/Services03/28-04/26/19 - LIBRARY MOTION SENS…APR'198768HOME DEPOT CREDIT SERVICES 202-3004-60691 61.86HVAC03/28-04/26/19 - MUSEUM FILTERSAPR'198768HOME DEPOT CREDIT SERVICES 202-3006-60667 250.00Maintenance/Services05/2019 - LIBRARY HVAC SVCI30696PACIFIC WEST AIR CONDITION…202-3004-60691 Fund 202 - LIBRARY & MUSEUM FUND Total:1,732.66 Fund: 215 - LIGHTING & LANDSCAPING FUND 5,278.00SilverRock Way Landscape01/2019 FY 18/19 SRR PERIMETER LANDS…13119-01LANDMARK GOLF MANAGEM…215-7004-60143 29.98Materials/Supplies04/30/19 - ACETYLENE89193197PRAXAIR INC 215-7004-60431 41.53Supplies-Graffiti and Vandalism03/28-04/26/19 - GRAFFITI REMOVALAPR'198768HOME DEPOT CREDIT SERVICES 215-7004-60423 98.08Materials/Supplies03/28-04/26/19 - ELECTRICAL MATERIALAPR'198768HOME DEPOT CREDIT SERVICES 215-7004-60431 30.17Materials/Supplies03/28-04/26/19 - MAT'L OCOTILLO SIGNAPR'198768HOME DEPOT CREDIT SERVICES 215-7004-60431 27.12Tools/Equipment03/28-04/26/19 - SMALL TOOLSAPR'198768HOME DEPOT CREDIT SERVICES 215-7004-60432 100.73Electric - Utilities05/07-06/06/19 - PHONE SERVICEMAY'193453493FRONTIER COMMUNICATIONS…215-7004-61116 48.40Electric - Utilities05/10-06/09/19 - PHONE SERVICEMAY'195646974FRONTIER COMMUNICATIONS…215-7004-61116 175.59Electric - Medians - Utilities05/22/19 - ELECTRICITY SERVICEPW208IMPERIAL IRRIGATION DIST 215-7004-61117 5,524.23Water - Medians - Utilities05/22/19 - WATER SERVICEPWW189COACHELLA VALLEY WATER DI…215-7004-61211 Fund 215 - LIGHTING & LANDSCAPING FUND Total:11,353.83 Fund: 235 - SO COAST AIR QUALITY FUND 204.60Electricity - Utilities05/22/19 - ELECTRICITY SERVICEPW208IMPERIAL IRRIGATION DIST 235-0000-61101 Fund 235 - SO COAST AIR QUALITY FUND Total:204.60 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS 1,407.19Construction04/04/19 - BANNER BRACKETS1007890SOUTH COAST LIGHTING & DES…401-0000-60188 978.75Construction02/26/19 - STOCK EQUIPMENT ORDER - L…105475JTB SUPPLY CO., INC.401-0000-60188 8,435.00Professional Services04/2019 LQ VILLAGE-A ROAD DIET PROJECT12 JOB 2018-02NAI CONSULTING INC 401-0000-60103 2,175.00Professional Services04/2019 PAVEMENT MGMT PLAN ST IMP…12 JOB 2018-02NAI CONSULTING INC 401-0000-60103 2,852.50Professional Services04/2019 CITYWIDE SIDEWALK IMPROVEM…12 JOB 2018-02NAI CONSULTING INC 401-0000-60103 3,932.50Professional Services04/2019 N LQ PARKWAY TURF CONVERSI…12 JOB 2018-02NAI CONSULTING INC 401-0000-60103 177.50Professional Services04/2019 HSOP TRAFF SIGNAL INTERCONN…12 JOB 2018-02NAI CONSULTING INC 401-0000-60103 695.00Professional Services04/2019 COVE PUBLIC RESTROOM12 JOB 2018-02NAI CONSULTING INC 401-0000-60103 290.00Professional Services04/2019 CALLE TAMPICO DRAINAGE12 JOB 2018-02NAI CONSULTING INC 401-0000-60103 145.00Professional Services04/2019 SILVERROCK EVENT SITE12 JOB 2018-02NAI CONSULTING INC 401-0000-60103 3,077.50Professional Services04/2019 MADISON (AVE 50-AVE52)12 JOB 2018-02NAI CONSULTING INC 401-0000-60103 145.00Professional Services04/2019 EISENHOWER RETENTION BASIN …12 JOB 2018-02NAI CONSULTING INC 401-0000-60103 1,045.00Professional Services04/2019 SSAR SYS SAFETY ANALYSIS REPO…12 JOB 2018-02NAI CONSULTING INC 401-0000-60103 2,675.00Professional Services04/2019 EISENHOWER DRAINAGE12 JOB 2018-02NAI CONSULTING INC 401-0000-60103 145.00Professional Services04/2019 JEFFERSON-AVE 53 ROUNDABOUT12 JOB 2018-02NAI CONSULTING INC 401-0000-60103 3,630.00Professional Services04/2019 HIGHWAY 111 SIDEWALK IMPRO…12 JOB 2018-02NAI CONSULTING INC 401-0000-60103 870.00Professional Services04/2019 SILVERROCK INFRASTRUCTURE I…12 JOB 2018-02NAI CONSULTING INC 401-0000-60103 582.50Professional Services04/2019 HSIP INTERSECTION IMPROVEM…12 JOB 2018-02NAI CONSULTING INC 401-0000-60103 2,065.00Professional Services04/2019 DUNE PALMS ST IMPROVEMENTS…12 JOB 2018-02NAI CONSULTING INC 401-0000-60103 290.00Professional Services04/2019 SB821 JEFFERSON ST SIDEWALK …12 JOB 2018-02NAI CONSULTING INC 401-0000-60103 4,512.50Professional Services04/2019 DUNE PALMS BRIDGE IMPROVE…12 JOB 2018-02NAI CONSULTING INC 401-0000-60103 2,175.00Professional Services04/2019 WASHINGTON ST AT FRED WARI…12 JOB 2018-02NAI CONSULTING INC 401-0000-60103 285.00Professional Services04/2019 AVENIDA BERMUDAS ADA IMPR…12 JOB 2018-02NAI CONSULTING INC 401-0000-60103 290.00Professional Services04/2019 WASHINGTON DRAINAGE IMPR…12 JOB 2018-02NAI CONSULTING INC 401-0000-60103 31,200.00Construction5/20/19 - 30% DEP 2018-01 COVE RESTR…159MADDEN FABRICATION 401-0000-60188 2,250.00Design05/13/19 - COVE PUBLIC RESTROOM & TR…19051301HERMANN DESIGN GROUP INC 401-0000-60185 2,104.31Retention PayablePO #1819-0097 RELEASE RETENTION21414-RETHARDY & HARPER, INC.401-0000-20600 12,700.00Technical03/31/19 COVE TRAILHEAD & RESTROOM …2219.010-01MSA CONSULTING INC 401-0000-60108 537.42Construction05/22/19 - 2018-007 CONST SET874956PLANIT REPROGRAPHICS SYST…401-0000-60188 427.00Construction05/22/19 - 2015-12B CONST SET874966PLANIT REPROGRAPHICS SYST…401-0000-60188 155.03Construction05/15/19 - ELECTRICAL SUPPLIESS113127342.001WALTERS WHOLESALE ELECTR…401-0000-60188 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:92,249.70 Fund: 501 - FACILITY & FLEET REPLACEMENT 536.00Car Washes05/17-05/18/19 VEHICLE WASHES248RAN AUTO DETAIL 501-0000-60148 7.38Parts & Maintenance Supplies05/17/19 - PIN/CLIP5560004348AUTOZONE 501-0000-60675 16.89Street Sweeper04/2019 - SWEEPER FUELAPR'199603120297GAS COMPANY, THE 501-0000-60678 Fund 501 - FACILITY & FLEET REPLACEMENT Total:560.27 27 Demand Register Packet: APPKT01997 - BC 05/31/19 5/30/2019 5:21:43 PM Page 4 of 7 AmountVendor Name Payable Number Description (Item)Account Name Account Number Fund: 502 - INFORMATION TECHNOLOGY 21,020.00Prepaid ItemsFY 19/20 LASERFICHE SOFTWARE ANNUAL…2858COMPLETE PAPERLESS SOLUTI…502-0000-13600 4,500.00Software Licenses05/22/19 LASERFICHE SOFTWARE - 5 USER…2875COMPLETE PAPERLESS SOLUTI…502-0000-60301 2,079.00Cable - Utilities05/10-06/09/19 - CITY HALL FIBER (2546)452546051019TIME WARNER CABLE 502-0000-61400 214.97Technical05/16/19 - HDMI CABLES 6 FT (11)B09975434SHI INTERNATIONAL CORP.502-0000-60108 1,203.61Technical05/21/19 - ENTERPRISE CLOUD CTRL LICE…B10006075SHI INTERNATIONAL CORP.502-0000-60108 95.98Cable - Utilities05/10-06/09/19 - CITY HALL INTERNETMAY'191712626FRONTIER COMMUNICATIONS…502-0000-61400 128.32Telephone - Utilities05/13-6/12/19 - MUSEUM PHONEMAY'197710105FRONTIER COMMUNICATIONS…502-0000-61300 220.00Consultants05/21/19 - COUNCIL MTG VIDEOPR628-0519DESERT C.A.M INC 502-0000-60104 Fund 502 - INFORMATION TECHNOLOGY Total:29,461.88 Fund: 601 - SILVERROCK RESORT 36.00Repair & Maintenance05/07/19 - SRR MATERIALS3298-408763CONSOLIDATED ELECTRICAL DI…601-0000-60660 Fund 601 - SILVERROCK RESORT Total:36.00 Grand Total:303,495.93 28 Demand Register Packet: APPKT01997 - BC 05/31/19 5/30/2019 5:21:43 PM Page 5 of 7 Fund Summary Fund Expense Amount 101 - GENERAL FUND 166,866.98 201 - GAS TAX FUND 1,030.01 202 - LIBRARY & MUSEUM FUND 1,732.66 215 - LIGHTING & LANDSCAPING FUND 11,353.83 235 - SO COAST AIR QUALITY FUND 204.60 401 - CAPITAL IMPROVEMENT PROGRAMS 92,249.70 501 - FACILITY & FLEET REPLACEMENT 560.27 502 - INFORMATION TECHNOLOGY 29,461.88 601 - SILVERROCK RESORT 36.00 Grand Total:303,495.93 Account Summary Account Number Account Name Expense Amount 101-0000-20304 Sales Taxes Payable 241.00 101-0000-20943 Dental Insurance Pay 8,744.37 101-0000-20947 Life Insurance Pay 310.30 101-0000-20948 Add'l Life Insurance Pay 449.41 101-0000-20949 LT Care Insurance Pay 196.05 101-0000-20955 Disability Insurance Pay 3,506.73 101-0000-20985 Garnishments Payable 844.84 101-1001-60320 Travel & Training 50.00 101-1004-60125 Temporary Agency Servic…811.73 101-1004-60322 Training & Education/MOU 2,758.92 101-1005-60125 Temporary Agency Servic…1,000.00 101-1006-60125 Temporary Agency Servic…1,158.96 101-1006-60320 Travel & Training 839.03 101-1006-60400 Office Supplies 166.94 101-1006-60410 Printing 494.28 101-1007-60402 Forms, Copier Paper 417.73 101-1007-60403 Citywide Conf Room Suppl…75.23 101-1007-74010 Land Acquisition 290.00 101-2001-60168 School Officer 7,417.13 101-2001-60174 Blood/Alcohol Testing 70.00 101-2001-60176 Sheriff - Other 596.31 101-2002-60400 Office Supplies 118.14 101-2002-60445 Non-Reimbursable Misc 7,231.88 101-2002-60670 Fire Station 894.82 101-2002-60691 Maintenance/Services 457.62 101-2002-61200 Water - Utilities 210.41 101-2002-61400 Cable - Utilities 118.55 101-2002-72110 Building Improvements 7,137.26 101-3002-60107 Instructors 992.93 101-3002-60352 Subscriptions & Publicati…47.60 101-3003-60149 Community Experiences 11.17 101-3005-60431 Materials/Supplies 390.06 101-3005-60432 Tools/Equipment 85.81 101-3005-61202 Water - Civic Center Park -…2,471.76 101-3005-61203 Water -Eisenhower Park -…67.42 101-3005-61205 Water -Velasco Park - Utili…48.94 101-3005-61209 Water -Community Park -…3,054.64 101-3008-60116 Pest Control 226.00 101-3008-60431 Materials/Supplies 476.61 101-3008-60432 Tools/Equipment 17.35 101-3008-60691 Maintenance/Services 3,048.00 101-3008-61101 Electricity - Utilities 27.67 101-6001-60400 Office Supplies 118.36 101-6002-60103 Professional Services 67,725.00 101-6003-60690 Uniforms 198.27 101-6004-60103 Professional Services 3,900.00 29 Demand Register Packet: APPKT01997 - BC 05/31/19 5/30/2019 5:21:43 PM Page 6 of 7 Account Summary Account Number Account Name Expense Amount 101-6004-60111 Administrative Citation Se…137.12 101-6004-60120 Lot Cleaning/Gravel Progr…1,194.85 101-6004-60125 Temporary Agency Servic…952.80 101-6004-60197 Animal Shelter Contract S…10,863.07 101-6004-60400 Office Supplies 184.32 101-6006-60125 Temporary Agency Servic…2,270.36 101-7003-60420 Operating Supplies 60.85 101-7003-60432 Tools/Equipment 36.88 101-7006-60104 Consultants 4,802.50 101-7006-60144 Contract Traffic Engineer 16,849.00 201-7003-60429 Traffic Control Signs 287.53 201-7003-60431 Materials/Supplies 606.31 201-7003-60672 Storm Drains 17.49 201-7003-61701 Equipment Rental 118.68 202-3004-60116 Pest Control 74.00 202-3004-60667 HVAC 78.07 202-3004-60691 Maintenance/Services 1,420.73 202-3006-60116 Pest Control 98.00 202-3006-60667 HVAC 61.86 215-7004-60143 SilverRock Way Landscape 5,278.00 215-7004-60423 Supplies-Graffiti and Van…41.53 215-7004-60431 Materials/Supplies 158.23 215-7004-60432 Tools/Equipment 27.12 215-7004-61116 Electric - Utilities 149.13 215-7004-61117 Electric - Medians - Utiliti…175.59 215-7004-61211 Water - Medians - Utilities 5,524.23 235-0000-61101 Electricity - Utilities 204.60 401-0000-20600 Retention Payable 2,104.31 401-0000-60103 Professional Services 40,490.00 401-0000-60108 Technical 12,700.00 401-0000-60185 Design 2,250.00 401-0000-60188 Construction 34,705.39 501-0000-60148 Car Washes 536.00 501-0000-60675 Parts & Maintenance Supp…7.38 501-0000-60678 Street Sweeper 16.89 502-0000-13600 Prepaid Items 21,020.00 502-0000-60104 Consultants 220.00 502-0000-60108 Technical 1,418.58 502-0000-60301 Software Licenses 4,500.00 502-0000-61300 Telephone - Utilities 128.32 502-0000-61400 Cable - Utilities 2,174.98 601-0000-60660 Repair & Maintenance 36.00 Grand Total:303,495.93 Project Account Summary Project Account Key Expense Amount **None**136,372.80 091002P 3,077.50 091004P 2,065.00 111205P 4,512.50 141517P 870.00 151603P 8,435.00 151612CT 427.00 151612P 3,255.00 1819PMPCT 537.42 1819PMPP 2,175.00 1819STIP 2,852.50 1819TMICT 2,540.97 30 Demand Register Packet: APPKT01997 - BC 05/31/19 5/30/2019 5:21:43 PM Page 7 of 7 Project Account Summary Project Account Key Expense Amount 201601P 582.50 201602P 177.50 201603P 3,932.50 201608P 145.00 201701P 2,175.00 201704P 145.00 201706P 290.00 201708P 1,045.00 201709P 145.00 201801CT 31,200.00 201801D 2,250.00 201801P 695.00 201801T 12,700.00 201802P 285.00 201802RP 2,104.31 201803P 3,630.00 201823E 67,725.00 201835E 7,137.26 BDAYE 11.17 Grand Total:303,495.93 31 6/11/2019 3:51:08 PM Page 1 of 7 Demand Register City of La Quinta Packet: APPKT02006 - BC 06/07/19 AmountVendor Name Payable Number Description (Item)Account Name Account Number Fund: 101 - GENERAL FUND 4,405.00Prepaid ExpenseFY 19/20 DUES ASSESSMENT 101-1002-60…050819SOUTHERN CALIFORNIA ASSOC…101-0000-13600 47.86Travel & Training05/19-05/22 - GFOA CONF REIMB060419MARTINEZ, CLAUDIA 101-1006-60320 582.27Travel & Training05/19-05/21/19 - TRAVEL REIMB GFOA C…060419HALLICK, ROSEMARY 101-1006-60320 1,674.76Vision Insurance PayMAY'19 VSP VIA THE STANDARD060519STANDARD INSURANCE COMP…101-0000-20945 154.23Travel & Training03/28/19 - TRAVEL REIMB LEAGUE PUB S…060519PENA, JOHN 101-1001-60320 1,117.00Administrative Citation Services04/2019 - CODE CITATION PROCESSING100767DATA TICKET, INC.101-6004-60111 21.00Wellness Center Leisure Enric…05/20/19 - REFUND SUNSET YOGA112514ROSSON, VICKI 101-0000-42214 395.48Uniforms05/16/19 - CODE FIELD UNIFORMS12737875GALLS LLC 101-6004-60690 223.63Uniforms05/21/19 - CODE FIELD UNIFORMS12773082GALLS LLC 101-6004-60690 231.88Operating Supplies05/17/19 - DRINKING WATER12852924051719SPARKLETTS 101-7003-60420 192.85Operating Supplies05/10-05/23/19 - WC JANITORIAL SUPPLIES1402114580AMERIPRIDE SERVICES INC 101-3002-60420 404.00Consultants05/2019 WELLNESS WRKS EMPLOYEE ASSI…18-075WELLNESS WORKS 101-1004-60104 12,550.00Maintenance/Services05/29/19 CITY HALL GROUT REPAIRS18759DESERT CONCEPTS CONSTRUC…101-3008-60691 14,454.57Contract Services - Administrat…04/30/19 SERVICES PERFORMED SHUMW…1904.25STUDIO E ARCHITECTS 101-1002-60101 295.00LQ Park Water Feature06/2019 - LQ PARK WF SERVICE19110601SHARK POOLS INC 101-3005-60554 112.00LQ Park Water Feature05/24/19 - LQ PARK WF CHLOR TABS19110602SHARK POOLS INC 101-3005-60554 1,475.00Fritz Burns Pool06/2019 - FB POOL SERVICE19120601SHARK POOLS INC 101-3005-60184 407.50Fritz Burns Pool05/2019 - FB POOL CHLOR TABS DEL 5/2419120602SHARK POOLS INC 101-3005-60184 3,425.00Fritz Burns Pool05/24/19 - FB POOL GAS MANIFOLD INST…19120603SHARK POOLS INC 101-3005-60184 1,050.00Fritz Burns Pool05/24/19 - FB POOL PLASTER & ACID WASH19120604SHARK POOLS INC 101-3005-60184 1,001.06Fritz Burns Pool05/24/19 - FB POOL 2 GAS RAISERS INSTA…19120605SHARK POOLS INC 101-3005-60184 29.66Materials/Supplies05/21/19 - FRITZ BURNS2055-0THE SHERWIN-WILLIAMS CO.101-3008-60431 80.09Cable - Utilities05/16-06/15/19 - FS #32 CABLE (8152)218152051619TIME WARNER CABLE 101-2002-61400 6,250.00Community Experiences05/25/19 2nd INSTALLMENT STREET FOOD…2233STREET FOOD CINEMA 101-3003-60149 200.00Travel & Training05/13/19 - RIVCO DIVISION MTG2323LEAGUE OF CALIFORNIA CITIES 101-1001-60320 100.00Membership Dues05/13/19 - RIVCO DIVISION MTG2323LEAGUE OF CALIFORNIA CITIES 101-1002-60351 1,879.01Consultants05/23/19 - 2ND QTR SALES TAX SVC31272-INHINDERLITER DE LLAMAS & AS…101-1006-60104 374.37Maintenance/Services05/15/19 - FS #32 MATERIALS3298-408867CONSOLIDATED ELECTRICAL DI…101-2002-60691 181.48Materials/Supplies05/15/19 - CITY HALL MATERIALS3298-408904CONSOLIDATED ELECTRICAL DI…101-3008-60431 53.95Office Supplies05/17/19 - OFFICE SUPPLIES3414127516STAPLES ADVANTAGE 101-1004-60400 50.21Operating Supplies05/22/19 - WINDOW ENVELOPES STVRP3414488721STAPLES ADVANTAGE 101-6006-60420 41.63Office Supplies05/23/19 - OFFICE & OPERATING SUPPLIES3414557244STAPLES ADVANTAGE 101-3008-60481 -50.21Operating Supplies05/24/19 - WINDOW ENVELOPES STVRP CR3414617652STAPLES ADVANTAGE 101-6006-60420 106.74Materials/Supplies05/15/19 - IRRIGATION VALVE FOUR SEAS…3440143SMITH PIPE & SUPPLY CO 101-3005-60431 466.35Materials/Supplies05/20/19 - IRRIGATION PARTS BC TRAIL3442021SMITH PIPE & SUPPLY CO 101-3005-60431 141.37Operating Supplies05/21/19 - OPERATING SUPPLIES3583410058409SMART & FINAL 101-3002-60420 35.00Blood/Alcohol Testing05/06/19 - BLOOD ALCOHOL TESTING376041DEPARTMENT OF JUSTICE 101-2001-60174 240.00Blood/Alcohol Testing05/14/19 - BLOOD ALCOHOL TESTING38038BIO-TOX LABORATORIES 101-2001-60174 1,468.00Blood/Alcohol Testing05/14/19 - BLOOD ALCOHOL TESTING38039BIO-TOX LABORATORIES 101-2001-60174 108.94Cable - Utilities05/24-06/23/19 - FS #93 CABLE (2415)502415052419TIME WARNER CABLE 101-2002-61400 1,575.00Marketing & Tourism Promoti…05/23/19 - POCKET DRAWSTRING BACKPA…513CLQBP-FAPALMS TO PINES PRINTING 101-3007-60461 72.48Printing05/22/19 - CLQ BUSINESS CARDS514CLQBC-FAPALMS TO PINES PRINTING 101-1005-60410 24.16Marketing & Tourism Promoti…05/22/19 - CLQ BUSINESS CARDS514CLQBC-FAPALMS TO PINES PRINTING 101-3007-60461 72.45Printing05/22/19 - CLQ BUSINESS CARDS514CLQBC-FAPALMS TO PINES PRINTING 101-6001-60410 72.48Printing05/22/19 - CLQ BUSINESS CARDS514CLQBC-FAPALMS TO PINES PRINTING 101-6004-60410 24.15Operating Supplies05/22/19 - CLQ BUSINESS CARDS514CLQBC-FAPALMS TO PINES PRINTING 101-7006-60420 10,081.20Janitorial05/2019 JANITORIAL SERVICES528504MERCHANTS BUILDING MAINT…101-3008-60115 993.46Temporary Agency Services05/24/19 - HR TEMP SVCS A LISTON53518660OFFICE TEAM 101-1004-60125 875.20Temporary Agency Services05/24/19 - CITY CLERK TEMP SVCS A FELIX53518753OFFICE TEAM 101-1005-60125 1,174.03Temporary Agency Services05/24/19 - HUB TEMP SVCS M GONZALEZ53536436ROBERT HALF TECHNOLOGY 101-6006-60125 952.80Temporary Agency Services05/24/19 - CODE TEMP SVCS C HARGENS53541989OFFICE TEAM 101-6004-60125 386.24Temporary Agency Services05/31/19 - FINANCE TEMP SVCS A CAMA…53556996ACCOUNTEMPS 101-1006-60125 315.00Operating Supplies05/29/19 - WC GYM EQUIP PREV MAINT5393ROYAL GYM SERVICES, LLC 101-3002-60420 32 Demand Register Packet: APPKT02006 - BC 06/07/19 6/11/2019 3:51:08 PM Page 2 of 7 AmountVendor Name Payable Number Description (Item)Account Name Account Number 175.00Tree Maintenance05/23/19 - TREE TRIMMING BC TRAIL5398KIRKPATRICK LANDSCAPING S…101-3005-60557 1,000.00Fire Extinguisher/First Aid Serv…05/23/19 - CITY HALL INSPECTION5989SHASTA FIRE PROTECTION, INC.101-3008-60664 499.43Citywide Conf Room Supplies06/03/19 - CITY WIDE COFFEE650267DAIOHS FIRST CHOICE SERVICES 101-1007-60403 254.88Citywide Conf Room Supplies06/03/19 - WC COFFEE SUPPLIES650268DAIOHS FIRST CHOICE SERVICES 101-1007-60403 -43.58Sales Taxes Payable05/20/19 - SAFETY GEAR SALES TAX6666PACWEST TOOL AND SAFETY 101-0000-20304 415.00Blood/Alcohol Testing04/30/19 - BLOOD/ALCOHOL TESTING72105AMERICAN FORENSIC NURSES …101-2001-60174 19.25LQ Police Volunteers05/15/19 - SHREDDING POLICE8127282850SHRED-IT USA - SAN BERNADI…101-2001-60109 184.19Materials/Supplies05/20/19 - CH FLOOR CLEAN OUT COVER9181872343GRAINGER 101-3008-60431 19.99Citywide Conf Room Supplies05/23/19 - WC COFFEE SUPPLIES951283DAIOHS FIRST CHOICE SERVICES 101-1007-60403 44.36Telephone - Utilities04/11-05/10/19 - LQ TICKET WRITERS (59…9829873433VERIZON WIRELESS 101-2001-61300 581.15Mobile/Cell Phones/Satellites04/14-05/13/19 - EOC CELL PHONES (7813)9830135580VERIZON WIRELESS 101-2002-61304 329.00Administrative Citation Services03/2019 - CODE CITATION PROCESSING99355DATA TICKET, INC.101-6004-60111 73.21Developer Deposits838834 - MCVEIGH CEQAAPR'19RUTAN & TUCKER 101-0000-22810 11,000.00Attorney838831 - RETAINER MATTERAPR'19RUTAN & TUCKER 101-1003-60153 537.50Attorney838828 - CODE ENFORCEMENTAPR'19RUTAN & TUCKER 101-1003-60153 3,776.00Attorney838826 - PERSONNEL GENERALAPR'19RUTAN & TUCKER 101-1003-60153 9,537.38Attorney838825 - GENERAL ACCOUNTAPR'19RUTAN & TUCKER 101-1003-60153 2,811.50Attorney838832 - SILVERROCK RESORTAPR'19RUTAN & TUCKER 101-1003-60153 39.00Attorney838833 - SILVERROCK RESORT SVC MARKAPR'19RUTAN & TUCKER 101-1003-60153 1,296.00Attorney838838 - WASHINGTON PLAZA PATH OF T…APR'19RUTAN & TUCKER 101-1003-60153 360.00Attorney838835 - DUNEPALMS PROJECT ROWAPR'19RUTAN & TUCKER 101-1003-60153 408.31Attorney838836 - RESPONSES FOR PUBLIC RECORDAPR'19RUTAN & TUCKER 101-1003-60153 864.00Attorney838837 - LQ POLO ESTATES ASS'N INCAPR'19RUTAN & TUCKER 101-1003-60153 192.00Attorney/Litigation838829 - PUBLIC WORKS DISPUTEAPR'19RUTAN & TUCKER 101-1003-60154 5,017.50Attorney/Litigation838827 - LITIGATION GENERALAPR'19RUTAN & TUCKER 101-1003-60154 674.13Electricity - Utilities05/28/19 - ELECTRICITY SERVICECSE155IMPERIAL IRRIGATION DIST 101-2002-61101 1,677.47Electric - Civic Center Park - Uti…05/28/19 - ELECTRICITY SERVICECSE155IMPERIAL IRRIGATION DIST 101-3005-61103 858.03Electric - Fritz Burns Park - Utili…05/28/19 - ELECTRICITY SERVICECSE155IMPERIAL IRRIGATION DIST 101-3005-61105 1,632.11Electric - Sports Complex - Utili…05/28/19 - ELECTRICITY SERVICECSE155IMPERIAL IRRIGATION DIST 101-3005-61106 13.37Electric - Velasco Park - Utilities05/28/19 - ELECTRICITY SERVICECSE155IMPERIAL IRRIGATION DIST 101-3005-61111 21.60Electric - Eisenhower Park - Util…05/28/19 - ELECTRICITY SERVICECSE155IMPERIAL IRRIGATION DIST 101-3005-61113 9,971.29Electricity - Utilities05/28/19 - ELECTRICITY SERVICECSE155IMPERIAL IRRIGATION DIST 101-3008-61101 817.60Electricity - Utilities05/31/19 - ELECTRICITY SERVICECSE156IMPERIAL IRRIGATION DIST 101-2002-61101 13.47Electric - Monticello Park - Utili…05/31/19 - ELECTRICITY SERVICECSE156IMPERIAL IRRIGATION DIST 101-3005-61102 290.02Electric - Colonel Paige - Utiliti…05/31/19 - ELECTRICITY SERVICECSE156IMPERIAL IRRIGATION DIST 101-3005-61108 2,680.62Electric - Community Park - Util…05/31/19 - ELECTRICITY SERVICECSE156IMPERIAL IRRIGATION DIST 101-3005-61109 37.80Electric - Adams Park - Utilities05/31/19 - ELECTRICITY SERVICECSE156IMPERIAL IRRIGATION DIST 101-3005-61110 13.03Electric - Desert Pride - Utilities05/31/19 - ELECTRICITY SERVICECSE156IMPERIAL IRRIGATION DIST 101-3005-61114 7,062.50Marketing & Tourism Promoti…05/2019 GEM ADVERTISING CONTRACTGCVCC 9337THE CHAMBER 101-3007-60461 7,062.50Marketing & Tourism Promoti…06/2019 GEM ADVERTISING CONTRACTGCVCC 9453THE CHAMBER 101-3007-60461 2,500.00Recruiting/Pre-EmploymentINSTALL 4 RECRUITING FIRM SVCS FOR CI…INV-02034RALPH ANDERSEN & ASSOCIA…101-1004-60129 69.81Cable - Utilities05/22-06/21/19 - EOC CABLEJUN'195631DISH NETWORK 101-2002-61400 29.41Gas - Utilities04/22/-05/21/19 - FS #32 GAS SERVICEMAY'191208591246GAS COMPANY, THE 101-2002-61100 145.00Prepaid Expense09/01/19-08/31/20 - MEMBER D HANSEN…MAY'19134356CALIFORNIA PARK & RECREAT…101-0000-13600 500.28Gas - Utilities04/22-05/21/19 - CITY HALL GAS SVCMAY'192692565001GAS COMPANY, THE 101-3008-61100 74.73Gas - Utilities04/22-05/21/19 - WC GAS SERVICEMAY'199422738006GAS COMPANY, THE 101-3008-61100 1,702.63Water -Fritz Burns Park - Utiliti…05/31/19 - WATER SERVICEPWW190COACHELLA VALLEY WATER DI…101-3005-61204 508.39Water - Utilities05/31/19 - WATER SERVICEPWW190COACHELLA VALLEY WATER DI…101-3008-61200 40.00Cash Over/Short05/20/19 - LIC-0110511 REF OVERPMT ST…R49298FIVE STAR VACATION RENTALS…101-0000-42300 125.00Cash Over/Short05/21/19 - BRES2019-0136 REFUND DEPO…R49306DAZ DESIGN BUILD INC 101-0000-42300 37.00Cash Over/Short05/21/19 - LIC-764794 REFUND OVERPYM…R49361HAWTHORN IL OPCO LLC 101-0000-42300 18.00Cash Over/Short05/22/19 - LIC-764422 REFUND OVERPYM…R49426HARRIS FAMILY PARTNERSHIP 101-0000-42300 176.34Mobile/Cell Phones/Satellites05/23-06/22/19 - EOC SATELLITE PHONES …RU08195194ROADPOST USA INC.101-2002-61304 Fund 101 - GENERAL FUND Total:150,738.53 Fund: 201 - GAS TAX FUND 687.09Equipment Rental05/21/19 - EQPT RENTAL104494011QUINN COMPANY 201-7003-61701 1,066.78Equipment Rental05/22/19 - EQPT RENTAL10449402QUINN COMPANY 201-7003-61701 334.08Paint/Legends05/15/19 - TRAFFIC PAINT1075074TOPS'N BARRICADES INC 201-7003-60433 53.18Traffic Control Signs05/16/19 - TRAFFIC CONTROL SIGNS1075095TOPS'N BARRICADES INC 201-7003-60429 369.64Traffic Control Signs05/16/19 - TRAFFIC SIGNS RIVETS1075100TOPS'N BARRICADES INC 201-7003-60429 33 Demand Register Packet: APPKT02006 - BC 06/07/19 6/11/2019 3:51:08 PM Page 3 of 7 AmountVendor Name Payable Number Description (Item)Account Name Account Number 146.81Traffic Control Signs05/23/19 - TRAFFIC SIGNS RPM'S1075209TOPS'N BARRICADES INC 201-7003-60429 46.06Traffic Control Signs05/24/19 - TRAFFIC CONTROL SIGNS1075259TOPS'N BARRICADES INC 201-7003-60429 541.58Safety Gear05/20/19 - SAFETY GEAR6666PACWEST TOOL AND SAFETY 201-7003-60427 723.21Electricity - Utilities05/28/19 - ELECTRICITY SERVICEPW209IMPERIAL IRRIGATION DIST 201-7003-61101 Fund 201 - GAS TAX FUND Total:3,968.43 Fund: 202 - LIBRARY & MUSEUM FUND 2,470.30Janitorial05/2019 JANITORIAL SERVICES528504MERCHANTS BUILDING MAINT…202-3004-60115 659.25Janitorial05/2019 JANITORIAL SERVICES528504MERCHANTS BUILDING MAINT…202-3006-60115 3,381.46Electricity - Utilities05/28/19 - ELECTRICITY SERVICECSE155IMPERIAL IRRIGATION DIST 202-3004-61101 854.62Electricity - Utilities05/28/19 - ELECTRICITY SERVICECSE155IMPERIAL IRRIGATION DIST 202-3006-61101 15.30Gas - Utilities04/22-05/21/19 - LIBRARY GAS SVCMAY'19152944404…GAS COMPANY, THE 202-3004-61100 Fund 202 - LIBRARY & MUSEUM FUND Total:7,380.93 Fund: 215 - LIGHTING & LANDSCAPING FUND 6,434.69Consultants05/2019 CITYWIDE LANDSCAPE LIGHTING…186756HORIZON LIGHTING 215-7004-60104 43,054.77Landscape Contract05/2019 CITYWIDE LANDSCAPE SVCS FOR …25546CONSERVE LANDCARE 215-7004-60112 273.59Operating Supplies05/23/19 - OFFICE & OPERATING SUPPLIES3414557244STAPLES ADVANTAGE 215-7004-60420 29.98Operating Supplies05/24/19 - OPERATING SUPPLIES3414617653STAPLES ADVANTAGE 215-7004-60420 155.30Supplies-Graffiti and Vandalism05/28/19 - GRAFFITI PAINT5766-3THE SHERWIN-WILLIAMS CO.215-7004-60423 176.93Tools/Equipment05/29/19 - EQPT MAINT7591BRAD'S AIRLESS REPAIR 215-7004-60432 2,371.89Electric - Utilities05/28/19 - ELECTRICITY SERVICEPW209IMPERIAL IRRIGATION DIST 215-7004-61116 1,222.17Electric - Medians - Utilities05/28/19 - ELECTRICITY SERVICEPW209IMPERIAL IRRIGATION DIST 215-7004-61117 2,726.28Electric - Utilities05/31/19 - ELECTRICITY SERVICEPW210IMPERIAL IRRIGATION DIST 215-7004-61116 937.74Electric - Medians - Utilities05/31/19 - ELECTRICITY SERVICEPW210IMPERIAL IRRIGATION DIST 215-7004-61117 5,958.48Water - Medians - Utilities05/31/19 - WATER SERVICEPWW190COACHELLA VALLEY WATER DI…215-7004-61211 565.69Operating Supplies05/28/19 - PLANTSREG001-11825VINTAGE ASSOCIATES 215-7004-60420 Fund 215 - LIGHTING & LANDSCAPING FUND Total:63,907.51 Fund: 241 - HOUSING AUTHORITY 5,268.75Professional Services05/2019 HOUSING COMPLIANCE & MONI…89CAHA, BECKY 241-9101-60103 1,489.27Attorney838830 - HOUSING AUTHORITYAPR'19RUTAN & TUCKER 241-9101-60153 Fund 241 - HOUSING AUTHORITY Total:6,758.02 Fund: 248 - SA 2004 LO/MOD BOND FUND (Refinanced in 2014) 2,153.76Relocation Benefits06/2019 RENT PAYMENT - MEDITERRA AP…060519MEDITERRA APARTMENT HO…248-9102-60159 138.42Relocation Benefits04/19-05/20/19 - WSA RELOCMAY'1950744515IMPERIAL IRRIGATION DIST 248-9102-60159 Fund 248 - SA 2004 LO/MOD BOND FUND (Refinanced in 2014) Total:2,292.18 Fund: 270 - ART IN PUBLIC PLACES FUND 4,688.00APP Maintenance05/22/19 - LIBRARY APP LIGHTING73007VINTAGE E & S INC 270-0000-60683 Fund 270 - ART IN PUBLIC PLACES FUND Total:4,688.00 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS 5,958.00Design02/2019-04/2019 SRR PHASE II INFRASTR …1049514MICHAEL BAKER INTERNATIO…401-0000-60185 3,482.92Design03/2019-04/2019 EISENHOWER DRAINAG…1049623MICHAEL BAKER INTERNATIO…401-0000-60185 2,403.72Construction10/17/18 - TRAFFIC SIGNAL RESPONSE ON…5620021954SIEMENS INDUSTRY INC 401-0000-60188 1,535.32Construction01/04/19 TRAFFIC SIGNAL RESPONSE ON-…5620023895SIEMENS INDUSTRY INC 401-0000-60188 951.70Construction04/28/19 - TRAFFIC SIGNAL RESPONSE ON…5620024810SIEMENS INDUSTRY INC 401-0000-60188 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:14,331.66 Fund: 501 - FACILITY & FLEET REPLACEMENT 3,089.12Fuel & Oil05/01-05/15/19 - VEHICLE FUEL1314TOWER ENERGY GROUP 501-0000-60674 350.79Motorcycle Repair & Mainten…04/16/19 - TIRE REPAIR R1200RPT REAR6021609/1BMW MOTORCYCLES OF RIVE…501-0000-60679 3,511.67Motorcycle Repair & Mainten…05/22/19 - MOTORCOP REPAIR6021864/4BMW MOTORCYCLES OF RIVE…501-0000-60679 18,214.85Vehicles, Rentals & Leases05/2019 - FLEET LEASEFBN3702388ENTERPRISE FM TRUST 501-0000-71030 Fund 501 - FACILITY & FLEET REPLACEMENT Total:25,166.43 Fund: 502 - INFORMATION TECHNOLOGY 18,900.00Consultants05/01-05/26/19 RIM MGMT INFORMATI…2018488CONVERGEONE, INC 502-0000-60104 24.16Operating Supplies05/22/19 - CLQ BUSINESS CARDS514CLQBC-FAPALMS TO PINES PRINTING 502-0000-60420 8.83Cable - Utilities05/20-06/19/19 - WC CABLE (1909)61909052119TIME WARNER CABLE 502-0000-61400 60.80Cell/Mobile Phones04/14-05/13/19 - EOC CELL SIM CARD (78…9830135580VERIZON WIRELESS 502-0000-61301 Fund 502 - INFORMATION TECHNOLOGY Total:18,993.79 34 Demand Register Packet: APPKT02006 - BC 06/07/19 6/11/2019 3:51:08 PM Page 4 of 7 AmountVendor Name Payable Number Description (Item)Account Name Account Number Fund: 601 - SILVERROCK RESORT 104.95Repair & Maintenance05/21/19 - SRR MATERIALS7541516FERGUSON ENTERPRISES, INC 601-0000-60660 Fund 601 - SILVERROCK RESORT Total:104.95 Grand Total:298,330.43 35 Demand Register Packet: APPKT02006 - BC 06/07/19 6/11/2019 3:51:08 PM Page 5 of 7 Fund Summary Fund Expense Amount 101 - GENERAL FUND 150,738.53 201 - GAS TAX FUND 3,968.43 202 - LIBRARY & MUSEUM FUND 7,380.93 215 - LIGHTING & LANDSCAPING FUND 63,907.51 241 - HOUSING AUTHORITY 6,758.02 248 - SA 2004 LO/MOD BOND FUND (Refinanced in 2014)2,292.18 270 - ART IN PUBLIC PLACES FUND 4,688.00 401 - CAPITAL IMPROVEMENT PROGRAMS 14,331.66 501 - FACILITY & FLEET REPLACEMENT 25,166.43 502 - INFORMATION TECHNOLOGY 18,993.79 601 - SILVERROCK RESORT 104.95 Grand Total:298,330.43 Account Summary Account Number Account Name Expense Amount 101-0000-13600 Prepaid Expense 4,550.00 101-0000-20304 Sales Taxes Payable -43.58 101-0000-20945 Vision Insurance Pay 1,674.76 101-0000-22810 Developer Deposits 73.21 101-0000-42214 Wellness Center Leisure E…21.00 101-0000-42300 Cash Over/Short 220.00 101-1001-60320 Travel & Training 354.23 101-1002-60101 Contract Services - Admini…14,454.57 101-1002-60351 Membership Dues 100.00 101-1003-60153 Attorney 30,629.69 101-1003-60154 Attorney/Litigation 5,209.50 101-1004-60104 Consultants 404.00 101-1004-60125 Temporary Agency Servic…993.46 101-1004-60129 Recruiting/Pre-Employme…2,500.00 101-1004-60400 Office Supplies 53.95 101-1005-60125 Temporary Agency Servic…875.20 101-1005-60410 Printing 72.48 101-1006-60104 Consultants 1,879.01 101-1006-60125 Temporary Agency Servic…386.24 101-1006-60320 Travel & Training 630.13 101-1007-60403 Citywide Conf Room Suppl…774.30 101-2001-60109 LQ Police Volunteers 19.25 101-2001-60174 Blood/Alcohol Testing 2,158.00 101-2001-61300 Telephone - Utilities 44.36 101-2002-60691 Maintenance/Services 374.37 101-2002-61100 Gas - Utilities 29.41 101-2002-61101 Electricity - Utilities 1,491.73 101-2002-61304 Mobile/Cell Phones/Satell…757.49 101-2002-61400 Cable - Utilities 258.84 101-3002-60420 Operating Supplies 649.22 101-3003-60149 Community Experiences 6,250.00 101-3005-60184 Fritz Burns Pool 7,358.56 101-3005-60431 Materials/Supplies 573.09 101-3005-60554 LQ Park Water Feature 407.00 101-3005-60557 Tree Maintenance 175.00 101-3005-61102 Electric - Monticello Park -…13.47 101-3005-61103 Electric - Civic Center Park…1,677.47 101-3005-61105 Electric - Fritz Burns Park -…858.03 101-3005-61106 Electric - Sports Complex -…1,632.11 101-3005-61108 Electric - Colonel Paige - U…290.02 101-3005-61109 Electric - Community Park …2,680.62 101-3005-61110 Electric - Adams Park - Util…37.80 101-3005-61111 Electric - Velasco Park - Uti…13.37 101-3005-61113 Electric - Eisenhower Park …21.60 36 Demand Register Packet: APPKT02006 - BC 06/07/19 6/11/2019 3:51:08 PM Page 6 of 7 Account Summary Account Number Account Name Expense Amount 101-3005-61114 Electric - Desert Pride - Uti…13.03 101-3005-61204 Water -Fritz Burns Park - …1,702.63 101-3007-60461 Marketing & Tourism Pro…15,724.16 101-3008-60115 Janitorial 10,081.20 101-3008-60431 Materials/Supplies 395.33 101-3008-60481 Office Supplies 41.63 101-3008-60664 Fire Extinguisher/First Aid…1,000.00 101-3008-60691 Maintenance/Services 12,550.00 101-3008-61100 Gas - Utilities 575.01 101-3008-61101 Electricity - Utilities 9,971.29 101-3008-61200 Water - Utilities 508.39 101-6001-60410 Printing 72.45 101-6004-60111 Administrative Citation Se…1,446.00 101-6004-60125 Temporary Agency Servic…952.80 101-6004-60410 Printing 72.48 101-6004-60690 Uniforms 619.11 101-6006-60125 Temporary Agency Servic…1,174.03 101-6006-60420 Operating Supplies 0.00 101-7003-60420 Operating Supplies 231.88 101-7006-60420 Operating Supplies 24.15 201-7003-60427 Safety Gear 541.58 201-7003-60429 Traffic Control Signs 615.69 201-7003-60433 Paint/Legends 334.08 201-7003-61101 Electricity - Utilities 723.21 201-7003-61701 Equipment Rental 1,753.87 202-3004-60115 Janitorial 2,470.30 202-3004-61100 Gas - Utilities 15.30 202-3004-61101 Electricity - Utilities 3,381.46 202-3006-60115 Janitorial 659.25 202-3006-61101 Electricity - Utilities 854.62 215-7004-60104 Consultants 6,434.69 215-7004-60112 Landscape Contract 43,054.77 215-7004-60420 Operating Supplies 869.26 215-7004-60423 Supplies-Graffiti and Van…155.30 215-7004-60432 Tools/Equipment 176.93 215-7004-61116 Electric - Utilities 5,098.17 215-7004-61117 Electric - Medians - Utiliti…2,159.91 215-7004-61211 Water - Medians - Utilities 5,958.48 241-9101-60103 Professional Services 5,268.75 241-9101-60153 Attorney 1,489.27 248-9102-60159 Relocation Benefits 2,292.18 270-0000-60683 APP Maintenance 4,688.00 401-0000-60185 Design 9,440.92 401-0000-60188 Construction 4,890.74 501-0000-60674 Fuel & Oil 3,089.12 501-0000-60679 Motorcycle Repair & Main…3,862.46 501-0000-71030 Vehicles, Rentals & Leases 18,214.85 502-0000-60104 Consultants 18,900.00 502-0000-60420 Operating Supplies 24.16 502-0000-61301 Cell/Mobile Phones 60.80 502-0000-61400 Cable - Utilities 8.83 601-0000-60660 Repair & Maintenance 104.95 Grand Total:298,330.43 Project Account Summary Project Account Key Expense Amount **None**277,675.56 151612D 3,482.92 37 Demand Register Packet: APPKT02006 - BC 06/07/19 6/11/2019 3:51:08 PM Page 7 of 7 Project Account Summary Project Account Key Expense Amount 16-013E 73.21 1819TMICT 4,890.74 201709D 5,958.00 SFCE 6,250.00 Grand Total:298,330.43 38 City of La Quinta Bank Transactions 05/25/19 – 06/07/19 Wire Transaction Listed below are the wire transfers from 05/25/19 – 06/07/19 Wire Transfers: 05/31/2019 - WIRE TRANSFER - PERS 41,356.42$ 05/31/2019 - WIRE TRANSFER - ICMA 4,198.06$ 06/03/2019 - WIRE TRANSFER - PERS 117,859.16$ 06/05/2019 - WIRE TRANSFER - LANDMARK 230,024.11$ TOTAL WIRE TRANSFERS OUT 393,437.75$ Attachment 2 39 40 AGENDA TITLE: ADOPT RESOLUTION OF SUPPORT FOR BALANCED ENERGY SOLUTIONS AND LOCAL CONTROL RECOMMENDATION Adopt a resolution of support for balanced energy solutions and local control. EXECUTIVE SUMMARY •Southern California Gas Company has been doing its part to reduce greenhouse gases by promoting biogas or renewable natural gas. •New legislation and regulations seek to eliminate energy choices and mandate fully electrified homes and businesses. •Eliminating local control and customer choices suppresses innovation, reduce reliability, and increase costs for residents and business owners. FISCAL IMPACT – None. BACKGROUND/ANALYSIS Southern California Gas Company has requested the Council consider the attached resolution supporting energy choices. New state legislation and regulations seek to eliminate energy choices and mandate fully electrified homes and businesses. This resolution does not take a position against electrification, instead it emphasizes allowing residents and businesses to have a choice. An additional benefit of maintaining a balanced energy solution is there would be alternative energy sources if an electrical grid failure should occur. The State’s focus on electrical energy delivery discourages investment in alternative energy sources. These energy alternatives come from sources such as green waste, wastewater treatment plants, food waste and agriculture waste. The methane, which would normally go into the atmosphere, is captured and distributed through the existing natural gas infrastructure for customer use. Supporting energy choice does not come at a cost to the environment. Both electricity and gas energy suppliers are concerned with greenhouse gas emissions and are seeking methods to protect the environment. CONSENT CALENDAR ITEM NO. 5 City of La Quinta JOINT CITY COUNCIL/HOUSING AUTHORITY MEETING: June 18, 2019 STAFF REPORT 41 ALTERNATIVES Council may elect to not adopt this resolution. Prepared by: Gil Villalpando, Assistant to City Manager Approved by: Frank J. Spevacek, City Manager 42 RESOLUTION NO. 2019 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, SUPPORTING BALANCED ENERGY SOLUTIONS AND LOCAL CONTROL WHEREAS, California's energy policies are critical to reducing greenhouse gas emissions and reducing the impact of climate change on our citizens; and WHEREAS, the State Legislature and State agencies are increasingly proposing new legislation and regulations eliminating choice of energy by mandating technologies to power buildings and public and private fleets, including transit and long-haul trucking, as a strategy to achieve the state's climate goals; and WHEREAS, clean, affordable and reliable energy is crucial to the material health, safety and well-being of the City of La Quinta residents, particularly the most vulnerable, who live on fixed incomes, including the elderly and working families who are struggling financially; and WHEREAS, the need for clean, affordable and reliable energy to attract and retain local businesses, create jobs and spur economic development is vital to our city's success in a highly competitive and increasingly regional and global marketplace; and WHEREAS, the City of La Quinta, its residents and businesses value local control and the right to choose the policies and investments that most affordably and efficiently enable them to comply with State requirements; and WHEREAS, building and vehicle technology mandates eliminate local control and customer choice, suppress innovation, reduce reliability and unnecessarily increase costs for the City of La Quinta residents and businesses; and WHEREAS, the City understands that relying on a single energy delivery system unnecessarily increases vulnerabilities to natural and man- made disasters, and that a diversity of energy delivery systems and resources contribute to greater reliability and community resilience; and WHEREAS, the City of La Quinta understands the need to mitigate the impacts of climate change and is committed to doing its part to help the State 43 Resolution No. 2019- Support Balanced Energy Solutions and Choice Adopted: Page 2 of 3 achieve its climate goals but requires the flexibility to do so in a manner that best serves the needs of its residents and businesses. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the City supports balanced energy solutions that provide it with the decision-making authority and resources needed to achieve the State's climate goals and opposes proposed State legislation and policy that eliminates local control by mandating technologies that can be used to power buildings and fuel vehicles to meet or exceed emission reduction regulations. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 18th day of June 2019 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________ LINDA EVANS, Mayor City of La Quinta, California 44 Resolution No. 2019- Support Balanced Energy Solutions and Choice Adopted: June 18, 2019 Page 3 of 3 ATTEST: ____________________________ MONIKA RADEVA, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: ___________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 45 46 AGENDA TITLE: APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE HIGHWAY 111 SIDEWALK IMPROVEMENTS PROJECT LOCATED ON THE SOUTH SIDE OF HIGHWAY 111, BETWEEN ADAMS STREET AND LA QUINTA DRIVE (PROJECT NO. 2018-03) RECOMMENDATION Approve plans, specifications, engineer’s estimate, and authorize Staff to bid the Highway 111 Sidewalk Improvements Project. EXECUTIVE SUMMARY •This project is located on the south side of Highway 111 between Adams Street and La Quinta Drive in front of the La Quinta Auto Dealers (Attachment 1). •The project entails removing the existing 8-foot wide meandering sidewalk, constructing 1,200 feet of new 10-foot wide curb adjacent sidewalk, and reconstructing four (4) American With Disabilities Act (ADA) accessible ramps to bring them into compliance. FISCAL IMPACT General Fund savings derived from completed projects were allocated to this project in the 2018/19 Capital Improvement Program (CIP), the following is the project budget: Total Budget Professional: $ 26,321 Design: $ 33,962 Inspection/Testing/Survey: $ 33,113 Construction: $ 345,000 Contingency: $ 61,604 Total Budget: $ 500,000 BACKGROUND/ANALYSIS This project supports the Auto Dealers frontage reconfiguration and the City’s need for increased sidewalk widths and accessible ramps that comply with today’s ADA standards. The auto dealers will follow-up with their own project to construct new landscaping and vehicle display pads behind the new sidewalk. CONSENT CALENDAR ITEM NO. 6 City of La Quinta JOINT CITY COUNCIL/HOUSING AUTHORITY MEETING: June 18, 2019 STAFF REPORT 47 Contingent upon approval to advertise the project for bid on June 18, 2019, the following is the schedule: Council Bid Authorization Bid Period Council Considers Project Award Execute Contract and Mobilize Construction (30 Working Days) Accept Improvements June 18, 2019 June 19, 2019 to July 18, 2019 August 6, 2019 August 7 to September 3, 2019 September to October 2019 October 2019 ALTERNATIVES Staff does not recommend an alternative. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, P.E., City Engineer Attachment: 1. Vicinity Map 48 *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 guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and 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. © Riverside County GIS Legend Notes From Adams Street to La Quinta Drive REPORT PRINTED ON...2/7/2019 11:38:16 AM Vicinity Map Highway 111 Sidewalk Improvements (2018-03) 0 12,0376, 019 Feet Blueline Streams City Areas World Street Map ATTACHMENT 1 ATTACHMENT 149 50 AGENDA TITLE: APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE HIGHWAY SAFETY IMPROVEMENT PROGRAM CITYWIDE FIBER OPTIC SIGNAL INTERCONNECT PROJECT (PROJECT NO. 2016-02) RECOMMENDATION Approve plans, specifications and the engineer’s estimate, and authorize staff to bid the Highway Safety Improvements Program Citywide Fiber Optic Signal Interconnect Project. EXECUTIVE SUMMARY •This project will replace the existing copper wire interconnect with fiber optic cable, install new fiber optic cable lines and conduit to replace the existing wireless interconnect and install new fiber optic interconnect along several segments to close signal communication gaps (Attachment 1). •Construction is funded with Federal Highway Safety Improvements Program (HSIP) funds which requires the City to bid, award, and submit a first reimbursement before November 2019. FISCAL IMPACT The total project budget was revised in February 2019 to $2,261,000. This budget includes $1,971,000 of federal HSIP funds and $290,000 of General Funds. The following is a breakdown of the project budget: Total Budget Design / Professional $ 162,300 City Administration $ 3,368 Inspection/Testing/Survey: $ 90,000 Construction: $ 1,823,232 Contingency: $ 182,100 Total Budget: $ 2,261,000 BACKGROUND/ANALYSIS CONSENT CALENDAR ITEM NO. 7 City of La Quinta JOINT CITY COUNCIL/HOUSING AUTHORITY MEETING: June 18, 2019 STAFF REPORT 51 In August 2015, Council ratified the submission of an HSIP grant application to upgrade the traffic signal interconnect from copper and wireless to fiber optic throughout the City to improve signal reliability and traffic safety. The goal was to replace the existing copper wire interconnect with fiber optic cable, install new fiber optic cable lines and conduit to replace the existing wireless interconnect and install new fiber optic interconnect along several segments to close signal communication gaps. In November 2017, Staff filed a Notice of Exemption for the California Environmental and Quality Act (CEQA) while the California Department of Transportation accepted a Categorial Exclusion for National Environmental Policy Act (NEPA). The plans, specifications, and engineer’s estimate were prepared by Advantec Consulting Engineers. After thorough review, staff agrees that these plans and specifications are consistent with the goals and objectives of the City, and the City Engineer signed them in May 2019. Contingent upon approval to advertise the project for bid on June 18, 2019, the following is the project schedule: Council Bid Authorization June 18, 2019 Bid Period June 20, 2019 to July 18, 2019 Council Considers Project Award August 8, 2019 Execute Contract and Mobilize August 9 to September 9, 2019 Construction (90 Working Days) September 2019 to January 2020 Accept Improvements February 2020 ALTERNATIVES Staff does not recommend an alternative due to the federal funding timing constraints. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, City Engineer Attachment: 1. Vicinity Map 52 1.Washington / Palm Royale 2.Washington / Fred Waring 3.Fred Waring / Palm Royale 4.Fred Waring / Adams 5.Fred Waring / Dune Palms 6.Washington / Miles 7.Miles/ Seeley 8.Miles / Adams 9.Miles/ Dune Palms 10.Miles / Ped Crossing 11.Dune Palms / Desert Crest 12.Washington / Channel 13.Adams I Westward Ho 14.Dune Palms/ Westward Ho 27. Adams/ Ave 47 15.Hwy 111 / Plaza La Quinta 28. Dune Palms / Coralina 16.Hwy 111 / Washington 29.Washington/ Ave 48 17. Hwy 111 / Simon 30.Adams/ Ave 48 18.Hwy 111 / LQ Center 31.Dune Palms / Ave 48 19.Hwy 111 / Adams 32.Jefferson / Ave 48 20.Hwy 111 / La Quinta Dr 33. Washington / Rancho LQ 21.Hwy 111 / Dune Palms 34.Eisenhower/ Coachella 22.Hwy 111 / Depot Dr 35.Jefferson I Ave 49 23.Hwy 111 / Jefferson 36.Eisenhower/ Fernando 24.Jefferson I Vista Grande 37. Washington/ Sagebrush 25. Washington/ Simon 38.Eisenhower/ Ave 50 26. Washington/ Ave 47 39. Washington/ Ave 50 -WIRED -WIRELESS -FIBER OPTIC 40.Park/ Ave 50 41.Jefferson / Ave 50 42.Washington / Village Center 43.Jefferson I Pomelo 44.Eisenhower/ Tampico 45.Tampico/ Bermudas 46.Tampico/ Desert Club 47. Washington/ Tampico 48.Ave 52 / Bermudas 49.Ave 52 I Desert Club 50. Washington / Ave 52 51.Ave 52 / Centrino ATTACHMENT 1 53 54 City of La Quinta JOINT CITY COUNCIL/HOUSING AUTHORITY MEETING: June 18, 2019 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH HENSON CONSULTING GROUP FOR LEADERSHIP DEVELOPMENT AND TRAINING PROGRAMS RECOMMENDATION Approve Amendment No. 3 to Professional Services Agreement with Henson Consulting Group for Leadership Development and Training Programs in the amount of $46,650; and authorize the City Manager to execute the amendment. EXECUTIVE SUMMARY The City continues to invest in initiatives and training to create and maintain a high-performance organization and enhance service delivery. On July 18, 2017, the City entered into a Professional Services Agreement (Agreement) with Henson Consulting Group (Henson) for Leadership Development and Training Programming. Amendment No. 3 (Amendment) would provide continued Leadership Development and Training programs. FISCAL IMPACT Funds are budgeted in 2019/20 Professional Services (101-1004-60103) to accommodate this Amendment. BACKGROUND/ANALYSIS The City entered into an Agreement with Henson in 2017 with a one-year initial term and option to extend the Agreement up to four additional year(s). Since then, the Agreement was amended in 2018 to expand the scope of services to include the Facilities Assessment and to take the City to the next level of performance by providing additional training. This Amendment would provide an opportunity to add Gallup Survey/Culture Initiatives to our programming and continue the following projects through 2019/20: Support 2019 LQ Academy 1.0 Deliver LQ Academy 2.0 Deliver Managing to Leading Partnership Mentoring/Executive coaching CONSENT CALENDAR ITEM NO. 8 55  Team Building  Annual Workshop Henson would continue to develop professional skills and expertise within the City. ALTERNATIVES Council may elect not to approve the Amendment. Prepared by: Angela Scott, Human Resources/Risk Manager Approved by: Chris Escobedo, Community Resources Director Attachment: 1. Amendment No. 3 to Henson Consulting Group 56 Rev. 7/28/2017 AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH HENSON CONSULTING GROUP This Amendment No. 3 to Professional Services Agreement (Amendment No. 3) is made and entered into as of the ____ day of June 2019 ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and HENSON CONSULTING GROUP (Consultant). RECITALS WHEREAS, on or about July 18, 2017, the City entered into an Agreement with Consultant to provide Employee Leadership Development and Training Programs. The term of the Agreement expired on June 30, 2018; and WHEREAS, on or about September 20, 2017, the City approved Amendment No. 1 to amend the Scope of Services to include a Facilities Assessment in the amount of $48,720; increasing the total Contract sum to $98,495. WHEREAS, on August 8, 2018, the City approved Amendment No. 2 to amend the Scope of Services for additional development and trainings to take the City to the next level of performance in the amount of $80,000; increasing the total Contract sum to $178,495, and extended the term of the agreement with one additional year until June 30, 2018 ("Extended Term"); and WHEREAS, the City wishes to amend the Scope of Services by adding Gallup Survey/Culture Initiatives and continuing to provide Leadership Development and trainings in the amount of $46,650; increasing the total Contract Sum to $222,145; and WHEREAS, the term of Agreement will be extended to June 30, 2020; and NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows: AMENDMENT In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: 1. Section 1.1 – Scope of Services is amended as follows: ATTACHMENT 1 5757 Rev. 7/28/2017 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Leadership Development and Training Programs for Fiscal Year 2019/20, as specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference (the “Services”). Consultant represents and warrants that Consultant is a provider of first-class services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant covenants that it shall follow the highest professional standards in performing the Services required hereunder. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances. 2.Section 2.1 Contract Sum is amended to read as follows: 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit “B” (the “Schedule of Compensation”) in a total amount not to exceed Two Hundred Twenty-Two Thousand One Hundred Forty-Five Dollars ($222,145.00) (the “Contract Sum”), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City; Consultant shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Consultant’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.6 of this Agreement. 3.Section 3.4 Term is amended to read as follows: 3.4 Term. Unless earlier terminated in accordance with Sections 8.8 or 8.9 of this Agreement, the term of this agreement shall commence on July 1,2019 and terminate on June 30, 2020 (“Extended Term”). This Agreement may be extended for two additional year(s) upon mutual agreement by both parties (“Extended Term”). 4.Exhibit A – Scope of Services is amended as attached. 5.Exhibit B – Schedule of Compensation is amended as attached. 5858 Rev. 7/28/2017 In all other respects, the original Agreement shall remain in effect. IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No. 2 to the Agreement on the respective dates set forth below. CITY OF LA QUINTA a California municipal corporation Dated: Frank J. Spevacek, City Manager 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 CONSULTANT: HENSON CONSULTING GROUP Name: Title: Date: 5959 Rev. 7/28/2017 Exhibit A Scope of Services The City of La Quinta has taken the organization to the next level of performance. There is an unparalleled level of excitement at City Hall that must continue to be nurtured and developed. New leaders are emerging and must be supported with enhanced skill development and mentoring to maintain and continue this momentum. This amendment will provide the opportunity to add Gallup Survey/Culture Initiatives to our programming and continue the following projects through the 2019/20 Fiscal Year:  Support 2019 LQ Academy 1.0  Deliver LQ Academy 2.0  Deliver Managing to Leading Partnership  Mentoring/Executive coaching  Team Building  Annual Workshop 6060 Rev. 7/28/2017 Exhibit B Schedule of Compensation Consultant rates are $175 per hour, charges will not be made for travel. Invoices will be submitted monthly with a detailed report. Cynthia Henson will be the lead consultant on this project; Dana Smith and Ken Lee will be used, as needed. Classification Professional Staff Hourly Rate Consultant Cynthia L. Henson $175.00 Consultant Dana M. Smith $175.00 Consultant Ken Lee $175.00 Period of Performance: July 1, 2019 through June 30, 2020. 6161 6262 City of La Quinta JOINT CITY COUNCIL/HOUSING AUTHORITY MEETING: June 18, 2019 STAFF REPORT AGENDA TITLE: APPROVE MEMORANDUM OF UNDERSTANDING WITH DESERT SANDS UNIFIED SCHOOL DISTRICT FOR PARTIAL FUNDING OF TWO SCHOOL RESOURCE OFFICERS RECOMMENDATION Approve a memorandum of understanding with Desert Sands Unified School District for partial funding of two School Resource Officers; and authorize the City Manager to execute it. EXECUTIVE SUMMARY Desert Sands Unified School District (District) contracts directly with Riverside County Sheriff’s Department (RCSD) for School Resource Officers (SRO) services. The Memorandum of Understanding (MOU) (Attachment 1) provides for a 50/50 cost sharing of two SROs for 2019/20 assigned to La Quinta High School, Summit High School, La Quinta Middle School and Colonel Mitchell Paige Middle School. FISCAL IMPACT The City’s cost would be approximately $182,000 for 2019/20. Funds are available in the proposed police budget (101-2001-60168). BACKGROUND/ANALYSIS Since 2003, the City has partnered with the District for SROs. The SROs contribute to community-policing and work closely with school staff to provide a safe learning environment. These SROs would provide onsite police services at La Quinta High School, Summit High School, La Quinta Middle School and Colonel Mitchell Paige Middle School. The District will increase its security services and maintain close collaboration with the La Quinta Police Department. Under the MOU, the City would reimburse the District for fifty percent of the SRO’s contracted hours. Special events, such as school games, events and or ceremonies are not part of this contract and will be covered solely by the District. CONSENT CALENDAR ITEM NO. 9 63 ALTERNATIVES Staff does not recommend an alternative. Prepared by: Anthony Moreno, Public Safety Analyst Approved by: Chris Escobedo, Community Resources Director Attachment: 1. Memorandum of Understanding 64 AGREEMENT BETWEEN THE DESERT SANDS UNIFIED SCHOOL DISTRICT AND THE CITY OF LA QUINTA FOR THE FUNDING AND PLACEMENT OF TWO SCHOOL RESOURCE OFFICERS MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is entered into for Fiscal Year 2019- 2020 by and between Desert Sands Unified School District, hereafter referred to as DISTRICT and the City of La Quinta, hereafter referred to as CITY. The purpose of this MOU is to document the parties’ understanding of the financial commitment for each agency to share the cost of two School Resource Officers. The CITY and DISTRICT each agree to pay 50% of the cost of two School Resource Officers for the Fiscal Year 2019-2020. The parties agree to explore partnership opportunities through grants and available resources throughout the term of this agreement. The School Resource Officers will be assigned to provide services at the following schools: La Quinta High School, Summit High School, Colonel Mitchell Paige Middle School and La Quinta Middle School. The CITY agrees to reimburse the DISTRICT for 50% of the two SROs’ contracted hours. Special events, including interscholastic athletic events and graduation ceremonies shall be covered by the DISTRICT. By signing this MOU, the DISTRICT and CITY agree to financially contribute the matching portions of the funds. All rates are estimates. The DISTRICT will submit an invoice to the CITY using the percent of actual costs received from the Riverside County Sheriff’s Department as the basis for invoicing. ____________________________________ __________________ DateJordan Aquino, Assistant Superintendent Business Services ____________________________________ __________________ Frank J. Spevacek, City Manager Date ATTACHMENT 1 65 66 City of La Quinta JOINT CITY COUNCIL/HOUSING AUTHORITY MEETING: June 18, 2019 STAFF REPORT AGENDA TITLE: APPROVE FIRE STATION NO. 70 KITCHEN AND FLOOR REMODEL PROJECT (PROJECT NO. 2018-35); AND APPROVE AGREEMENT FOR CONTRACT SERVICES WITH DESERT CONCEPTS FOR DEMOLITION AND INSTALLATION RECOMMENDATION Approve Fire Station No. 70 kitchen and floor remodel project; approve Agreement for Contract Services with Desert Concepts to provide the labor for demolition and installation; and authorize the City Manager to execute the contract. EXECUTIVE SUMMARY •The City owns and maintains Fire Station No. 70 (FS 70). It is 34 years old and the oldest station in the City. •The remodel includes the main living area, kitchen, living room and a portion of the hallway (Attachment 1). •The Riverside County Fire Department (Fire Department) and Staff are working together to coordinate this work and to ensure improvements meet both the Fire Department and City standards. •The City solicited proposals from 3 contractors and received two proposals. Desert Concept was selected based on their lower bid and the City’s previous experience (on-time/in-budget/quality outcome). FISCAL IMPACT The total cost is $88,300; as this is a planned improvement, funds are available from two accounts: $75,000 in Building Improvements (101-2002-60691) and $13,310 in Fire Station (101-2002-60670). CONSENT CALENDAR ITEM NO. 10 67 Item Cost Cabinets $ 15,900 Countertops $ 9,320 Appliances $ 2,400 Labor $ 49,190 Contingency $ 11,500 TOTAL $ 88,310 BACKGROUND/ANALYSIS The City of La Quinta has three fire stations that are owned and maintained by the City. The City contracts with the Fire Department to provide fire protection services and they utilize these to house firefighters within the community to ensure fast response times. FS 70’s kitchen and living areas need to be updated (Attachment 2). The kitchen is outdated and although some appliances have been upgraded, the station should be freshened up to meet the Fire Department standards and to provide equitable living accommodations. This project entails demolition and removal of the hallway and kitchen cabinets, countertops, flooring, and installation of new cabinets, stovetop, range hood, sink and faucet, garbage disposal, and polishing the concrete floor. The estimated completion date is June 30, 2019. Once these improvements are completed, FS 70 will undergo further improvements included in the 2019/20 Capital Improvement Program. Those will include the restrooms, bedrooms, office/workspace and lobby area. ALTERNATIVES Council may elect to not approve this project; however, this remodel was a planned improvement. Staff does not recommend an alternative. Prepared by: Martha Mendez, Safety Manager Approved by: Chris Escobedo, Community Resources Director Attachments: 1. Improvement Floorplan 2.Pictures - Fire Station 70 – pre-improvements 3. Contract for Services with Desert Concepts 68 ATTACHMENT 1 ATTACHMENT 169 70 Fire Station 70 Pictures Day Lounge and Kitchen Area ATTACHMENT 2ATTACHMENT 2 71 Day Lounge and Kitchen Area 72 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 CONCEPTS CONSTRUCTION, INC., a California Corporation (“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 Fire Station #70 Kitchen and Floor Remodel, Project No. 2018-35, 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 re quired 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, ATTACHMENT 3 73 - 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. 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 (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 Contrac ting 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, 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, 74 - 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 written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. 1.8 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 Forty-Nine Thousand, One Hundred and Ninety Dollars ($49,190) (the “Contract Sum”), 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. 75 - 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 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. 2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer 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. 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 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. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable 76 - 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 in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer’s judgment such delay is justified, and the Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer to be justified pursuant to this Section shall not entitle the 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 or around the week of June 18, 2019 and terminate on completion and acceptance of the project on or before July 10, 2019 (“Initial Term”). 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) Julio Castro E-mail: mail@desertconcepts.net (b) Regina Castro E-mail: gina@desertconcepts.net 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. 77 - 4.2 Contract Officer. The “Contract Officer” shall be Dianne Hansen, Management Assistant, or such other person as may be designated in writing by the City Manager of City. It shall be Contracting Party’s responsibility to assure that the Contract Officer 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. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of 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 a pproval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of 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. 78 - 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 en roll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 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 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. 79 - 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 such reports concerning Contracting Party’s performance of the Services required by this Agreement as the Contract Officer 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 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. 7.2 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 80 - Contract Officer to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of 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 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. 81 - 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 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 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 82 - 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 Rive rside, State of California, or any other appropriate court in such county, and 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; 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 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. 8.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the 83 - 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. 8.5 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. 8.6 Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement, except as specifical ly provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to 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. 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 thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except amounts held as a retention pursuant to this Agreement. 8.7 Termination for Default of Contracting Party. 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. 8.8 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 84 - 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 whethe r 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 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. 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 perso ns 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 85 - 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: Steve Howlett Facilities Director 78-495 Calle Tampico La Quinta, California 92253 To Contracting Party: DESERT CONCEPTS CONSTRUCTION, INC. Attention: Julio Castro, President 79775 Avenue 40 Indio, CA 92203 10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and 86 - 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 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] 87 88 Last revised summer 2017 Exhibit A Scope of Services 1. Services to be Provided: 89 Means and methods required to perform the work are to be determined by Contractor. 2. Performance Standards: Work performed will in a professional manner and is to be accepted on approval of the contract officer. 90 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 91 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, 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. City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse 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. 3. 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 III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from 92 those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. (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. 4. 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. 5. 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 93 from any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages. 94 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 Forty-Nine Thousand, One Hundred and Ninety Dollars ($49,190) (“Contract Sum”). The Contract Sum shall be paid to Contracting Party in one lump sum on completion of the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. 95 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 below: The project is anticipated to begin on or around the week of June 18, 2019 and be completed on or before July 10, 2019. 96 Exhibit D Special Requirements Contractor will purchase: • Material for tile backsplash in the kitchen • Commercial grade rubber base boards City will select tile and base board color. 97 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) 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 98 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, 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. 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 provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, 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 of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party’s failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as 99 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 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 of the coverages required and an 100 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 primar y, 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 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. 101 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 or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. 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. 102 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. 103 Exhibit F Indemnification F.1 Indemnity for the Benefit of City. 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 104 provision of this agreement, Contracting Party shall not be required to indemnify and hold harmless City for liability attributable to the acti ve 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. 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 105 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. These obligations 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. 106 City of La Quinta JOINT CITY COUNCIL/HOUSING AUTHORITY MEETING: June 18, 2019 STAFF REPORT AGENDA TITLE: APPROVE AGREEMENT FOR LAW ENFORCEMENT SERVICES WITH THE COUNTY OF RIVERSIDE RECOMMENDATION Approve Agreement for Law Enforcement Services with the County of Riverside; and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY Since the City’s incorporation in 1982, the city has contracted with Riverside County Sheriff’s Department (RCSD) for law enforcement services. Per the annual police service assessment conducted by Matrix Consulting Group (Matrix), RCSD continues to provide effective police services. The current two-year service agreement (Agreement) expires June 30, 2019 (Attachment 1). FISCAL IMPACT Based on a projected 3.2% rate increase the estimated contract amount for 2019/20 is $16,346,000. For 2020/21, the contract rate will increase; RCSD will present this rate in April 2020. BACKGROUND/ANALYSIS RCSD has provided police services to La Quinta since 1982. Based on the recent police study completed by the Matrix Consulting Group, RCSD continues to provide very good response times to calls for service and are effectively policing the community. In fact, crime levels have decreased over the last 10 years, and the city was recently listed the 49th safest cities in California by SafeWise. As part of the annual police service study presented by Matrix at the Council meeting on May 21, 2019, Council requested that patrol levels remain at 135 hours per day and the following changes: delete the vacant unfunded Special Enforcement Team (SET) position, and per the Police Captain request, transfer CONSENT CALENDAR ITEM NO. 11 107 a SET officer to Traffic. Council also agreed to fund 50% of a new school resource officer with Desert Sands Unified School District. The new Contract staffing is: Patrol Services  135 hours per day (27.7 Deputy Sheriff positions at 1,780 annual hours per position) Dedicated Positions  One (1) Lieutenant  Two (2) Sergeants  Two (2) Motor officers  Three (3) Traffic Officers  Five (5) Deputy Sheriff positions classified as the Special Enforcement Team (SET)  One (1) Deputy Sheriff (unsupported) position – Violent Crime Gang Task Force  One (1) Deputy Sheriff (unsupported) position – Coachella Valley Narcotics Task Force  Six (6) Community Service Officer II positions ALTERNATIVES Given that the existing agreement expires June 30, 2019 and law enforcement services are needed, staff does not recommend an alternative. Prepared by: Martha Mendez, Public Safety Manager Approved by: Chris Escobedo, Community Service Director Attachment: 1. Agreement for Law Enforcement Services with the County of Riverside 108 AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF LA QUINTA AND THE COUNTY OF RIVERSIDE THIS AGREEMENT is made and entered into by and between the CITY OF LA QUINTA, a Charter city, hereinafter “City,” and the COUNTY OF RIVERSIDE, a political subdivision of the State of California, on behalf of the Riverside County Sheriff’s Department, hereinafter “County.” IT IS THEREFORE AGREED AS FOLLOWS: 1.TERM 1.1 Effective Dates. This Agreement shall be effective from July 1, 2019 through June 30, 2021. 1.2 Renewal. In the event City desires to terminate this Agreement at the end of any current two (2) year period, the City Council, not later than twelve (12) months preceding the expiration date of the current term of this Agreement, shall notify the Sheri ff and the Board of Supervisors that it wishes to terminate the same; otherwise, this Agreement shall be automatically renewed for an additional two (2) year period at the level of service then currently in effect. As a matter of convenience to the parties hereto, and in order to facilitate continuity of the law enforcement services provided to City, the parties may mutually approve and ratify any automatic renewal of this Agreement retroactively to the effective date of such automatic renewal. 1.3 Termination. Notwithstanding the provisions of Paragraphs 1.1 and 1.2 herein, either party may terminate this Agreement upon notice in writing to the other party of not less than twelve (12) months prior to the effective termination date. 2.SCOPE OF SERVICE 2.1 Services. The County agrees, through Sheriff thereof, to provide municipal police protection within the corporate limits of City to the extent and in the manner hereinafter set forth. It is understood that the Sheriff’s Department shall be the sole provider of general and specialized law enforcement services within the corporate limits of City. City shall not hire any other persons or company to provide general and specialized law enforcement services within the corporate limits of City. However, City is not precluded by any language in this section from hiring an unarmed code enforcement unit. The Sheriff’s services shall encompass duties and functions of the type falling under the jurisdiction of and customarily rendered by a police department of the City under State statutes. Such services shall include the enforcement of State Criminal Codes and all pertinent City criminal codes and ordinances. Services shall also include traffic enforcement and related services to the Original 1 of 3 ATTACHMENT 1 109 2 extent possible given the size of the force provided for in this Agreement. County agrees to provide all investigative support necessary to complete criminal investigations conducted hereunder. However, all investigator overtime will be charged City at the Board of Supervisors approved hourly overtime rate. 2.2 California Identification System (CAL-ID) and Records Management System (RMS) City agrees as a condition of receiving services hereunder to participate in CAL-ID and RMS under the terms and conditions set forth in this Section and to pay for these services under separate billings. 2.2A Definitions. For purposes of this agreement the following are some of the more common definitions which shall apply, but shall not be limited by this reference: a. Records Management System (RMS) Functions shall mean the software functions provided to City by County, which are supplied by the RMS. These functions shall include inquiry and case entry into the RMS, access to the Master Name Index, Warrant and Master Location Index and Jail Locator databases. b. The California Law Enforcement Telecommunications System Access (CLETS) shall mean that access to the Department of Justice computers provided by County to City. c. Work Station shall mean those County devices and software, which are used by City to access RMS functions and the CLETS. d. LAWNET shall mean the County’s law enforcement telecommunications network consisting of County provided data circuits, digital service units, routers, hubs and other County provided hardware and software that is used by City to connect work stations to RMS services as defined below. e. County Services shall mean the collective hardware and software, work LAWNET, stations, RMS functions and CLETS. 2.2B Scope of RMS Services. County agrees to provide to City full access to the RMS and CLETS systems. CLETS access will be provided within the scope of CLETS access rules and regulations as established by the California State Department of Justice. 2.2C Provision of RMS Supervision, Labor and Equipment. Supervision over the provision of County Services, the standards of performance and other matters incident to the performance of such services, shall remain with County. Security of the host system and control of LAWNET shall remain with County. The County shall furnish all labor and equipment for the host system necessary to maintain the level of service rendered hereunder. In the event City chooses to provide PC-based equipment for services defined herein, the equipment must be configured in accordance with County 110 3 specifications. Further, City shall not alter the configuration of any PC-based equipment used to provide services herein without the permission of Sheriff's Information Technology Officer. 2.2D Establishment of RMS Rates and Payment of Costs. Establishment of RMS rates and payments for provided services shall be as specified in Sections 7.2 and 7.4 of this Agreement. 3. LEVEL OF SERVICE 3.1 Level of Service Specified. County shall provide all enforcement services at the level specified in Attachment A, attached hereto and incorporated herein by this reference. 3.2 Variation in Level of Service. Variation in the level of service shall be made by amendment, as provided for in Section 11 of this Agreement, and under the following terms: If City requests an increase in the level of service to be provided under this Agreement, County agrees to provide such increased level of service as soon as is practicable, consistent with the ability of the Sheriff to hire and train recruits. If City elects to reduce the level of service provided herein by ten percent (10%) or greater, City must give notice in writing to County not less than twelve (12) calendar months prior to the effective date of such reduction. If City elects to reduce the level of service provided herein by less than ten percent (10%), County agrees to reduce the level of service accordingly as soon as it is practicable. The level of service, however, may not be reduced to below the minimum level, as determined by County, required to ensure public and officer safety. 4. CHIEF OF POLICE The Sheriff will, to the extent practical, coordinate appointment of a Police Chief with City and consult with City on final selection for the position. 5. PROVISION OF SUPERVISION, LABOR, AND EQUIPMENT 5.1 Supervision. Supervision over the rendition of law enforcement services, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed, shall remain with County. The Sheriff or a designated representative will meet and confer with the City Manager or a designated representative on questions related to the provision of services. 5.2 Labor and Equipment. For the purpose of performing said services, County shall furnish and supply all labor, supervision, equipment, communication services, and supplies necessary to maintain the level of service to be rendered hereunder. Location of the 111 4 above will not necessarily be within City limits. Notwithstanding anything herein conta ined, it is agreed that in all instances where specific equipment used solely to support specialized enforcement activities within the City not normally provided by the Sheriff is to be used, or where special supplies, stationery, notices, forms, and the like related to law enforcement are to be issued in the name of City, such equipment and materials shall be supplied by City at its own cost and expense. Any such special equipment or materials so purchased by City shall meet with the Sheriff's specifications shall remain within the City limits, and ownership title thereto shall remain with City. However, under no circumstances shall City purchase or otherwise provide general patrol vehicles for services provided pursuant to this agreement without permission of Sheriff. The County shall provide all marked general Patrol vehicles to City and shall charge City for their use on a per mile basis. 5.3 City-Owned Motorcycles and Specialized Support Vehicles. In the event City chooses to provide motorcycles or specialized support vehicles for use in providing services hereunder, the motorcycles or specialized support vehicles shall meet minimum specifications furnished by County, shall be adequately equipped and ready for use, and shall be registered in the name of City. It is further understood that City is providing motorcycles or specialized support vehicles to Sheriff expressly for law enforcement services and shall only be operated by Sheriff’s personnel, or persons authorized by the Sheriff. City shall bear the cost of maintenance, fuel, licensing, and any and all expenses associated with use of the motorcycles and specialized support vehicles for the provision of services hereunder, which is inclusive of responsibility for any and all cost for physical damage to the City-owned motorcycles or specialized support vehicles. However, County shall be responsible for the cost of all third party liability caused by the operation of the City- owned motorcycles or specialized support vehicles, including the property damage caused by the negligence or wrongful acts of County officers and employees while operating City- owned motorcycles and specialized support vehicles. Motorcycles and specialized support vehicles shall be used only for city-approved functions. 5.4 Vehicle Insurance. City shall maintain insurance for any physical damage to the City-owned vehicles in an amount equal to the replacement value of all vehicles provided to the County under this agreement. Policy shall, by endorsement, name the C ounty of Riverside, its Departments, Districts, Agencies and Special Districts, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents, or representatives as Additional Insureds. Such insurance may be provided through a program of self-insurance. General Insurance Provisions - All lines: a. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. BEST rating of not less than an A: VIII (A: 8) unless such requirements are waived, in writing, by the County Risk Manager. If the County's Risk Manager waives a requirement for a 112 5 particular insurer such waiver is only valid for that specific insurer and only for one policy term. b. The City shall cause their insurance carrier(s) to furnish the County of Riverside with 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein; or, 2) if requested to do so orally or in writing by the County Risk Manager, provide original certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that shall provide no less than thirty (30) days written notice be given to the County of Riverside prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverages and the insurance required herein are in full force and effect. Individual(s) authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance. If County is utilizing City-owned vehicles, operations shall not commence until the County of Riverside has been furnished original Certificate (s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Section. c. It is understood and agreed by the parties hereto and the City's insurance company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary insurance, and the County's insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory. 6. EMPLOYMENT STATUS OF PERSONNEL 6.1 Employment Status. Any person employed by County for the performance of services and functions pursuant to this Agreement shall remain employees of County on special assignment to City for the purposes of this Agreement, and shall not be considered employees of City. No such County employee shall have any entitlement to compensation, workers’ compensation coverage, pension, or civil service benefits from City. 6.2 Labor Shortage. In the event of a work slow-down, strike, or any other form of job action by those individuals assigned to City, County agrees to provide only that level of service which may be available through mutual aid, pursuant to Government Code Section 8615, et seq. City shall be billed only for the actual hours of service received. // // 113 6 7. COMPENSATION 7.1 Payment Basis. City shall reimburse County the cost of rendering services hereunder at rates established by the County Board of Supervisors, which rates shall include all items of cost and expense to the Sheriff for providing the services hereunder. Such cost of services shall be established by the County Board of Supervisors in the form of hourly rates for Sheriff’s Department personnel, vehicle mileage rates, facility use rates, RMS transaction fees and CAL-ID fees. "Cost" as used herein shall not include items of expense attributable to services normally provided or available to all territory within the County as part of County's obligation to enforce State law. In addition to any other fees or costs set forth herein, County may impose on City, and City shall pay upon receipt of an invoice from County, a criminal justice administrative fee consistent with Government Code Section 29550 with respect to arrests made by County employees pursuant to this Agreement just as if such arrests had been made by City employees. Pursuant to Government Code Section 51350, County shall not charge City for services it would provide to any city in the County free of charge. These services, which are provided at the discretion of County, could typically include the services of the Sheriff's Special Investigations Bureau, Emergency Services Team, Canine Unit and Aviation Unit. 7.2 Establishment of Costs. The rates to be charged City shall be adjusted periodically, but not more than once each fiscal year, to reflect any changes in the cost to County for providing services hereunder. City shall be notified of any change in the rates to be charged City prior to submittal of the proposed change to the County Board of Supervisors for adoption, and City shall be given the opportunity to review the proposed change with County personnel. City shall, thereafter, be notified of adoption by County of the rates to be charged City, and said new rates shall take effect on the same date as County incurs the associated costs. Should City, subsequent to a rate adjustment, choose not to appropriate or expend any additional monies needed to support the level of service theretofore supplied, County reserves the right to reduce the level of service in accordance with the amount City is willing to expend. 7.3 Facility Rate Charges. City shall reimburse County for the costs incurred by the Sheriff’s Department at County-owned or leased facilities. Costs are prorated according to the facility’s square footage occupied by a Sheriff’s Department Bureau or Unit. Calculation of Facility Rates. The total of the facility’s cost components is divided by the appropriate variable number of positions (number of station funded, sworn department funded or total Department funded employees depending on the facility in question and the Department population served). This cost per funded position is then applied to the number of positions chargeable to the contract city to arrive at each contract city’s share of the facility cost. The County agrees that Facility Rate Station charges to City will not be increased due to the Sheriff’s decision to move Contract or unincorporated County Patrol positions from the Station. 114 7 7.4 Payment of Costs. County, through the Sheriff’s Department, shall provide to City within 30 days of the conclusion of each billing period, an itemized statement of the costs for services being charged for said billing period. Billing statements for RMS services will be provided quarterly for services being charged for said quarter. City shall remit payment to the invoicing department within 30 days after receipt of such statements. If such payment is not received by the County within thirty (30) days after presentation of billing, County may satisfy such indebtedness from any funds of the City on deposit with County as provided by law pursuant to Government Code Section 907. 7.5 Field Training Costs. Should City elect to add additional Deputy Sheriff positions to the level of service described herein, there will be an associated field training cost for each additional position. City will be billed, on a separate invoice, up to a maximum of sixteen (16) weeks of training on a one-time basis for each additional Deputy position. Said cost will be charged at the Unsupported Deputy hourly rate as approved by the County Board of Supervisors. Billing will be provided for field training costs in conjunction with the rate adjustment billing. Field training costs will not apply to supervisory or classified positions added to the level of service. 7.6 Miscellaneous Costs. There are a number of other service costs that City shall be responsible for paying as they are incurred. These costs are not included as the support or service and materials cost components in the fully supported Deputy hourly rate, nor any other such rates established by the County Board of Supervisors. These service costs may include, but are not limited to charges from vendors for: crime scene clean-up, blood draws, rape exams, polygraph exams, specialized printing jobs exclusive to City and training for personnel requested by City for specialized law enforcement. 8. INDEMNIFICATION AND HOLD HARMLESS 8.1 Indemnification by City. City shall indemnify and hold harmless the County, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any act or omission of City, its officers, employees, contractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death. City shall defend, at its sole cost and expense, including but not limited to attorney fees, cost of investigation, defense and settlements or awards, the County, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives in any such action or claim. With respect to any action or claim subject to indemnification herein by City, City shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of County; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes City's indemnification of County. City's obligations hereunder shall be satisfied when City has provided to County the appropriate form of dismissal (or similar document) relieving the County from any liability for the action 115 8 or claim involved. Any insurance coverage shall in no way limit or circumscribe City's obligations to indemnify and hold harmless the County. 8.2 Indemnification by County. County shall indemnify and hold harmless the City, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any act or omission of County, its officers, employees, contractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death. County shall defend, at its sole cost and expense, including but not limited to attorney fees, cost of investigation, defense and settlements or awards, the City, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives in any such action or claim. With respect to any action or claim subject to indemnification herein by County, County shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of City; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes County's indemnification of City. County's obligations hereunder shall be satisfied when County has provided to City the appropriate form of dismissal (or similar document) relieving the City from any liability for the action or claim involved. Any insurance coverage shall in no way limit or circumscribe County's obligations to indemnify and hold harmless the City. 9. ADMINISTRATION The City Manager of City shall administer this Agreement on behalf of City, and the Sheriff shall administer this Agreement on behalf of County. 10. RECORDS County shall maintain adequate records to discharge its responsibilities under this Agreement, and shall permit inspection of County’s appropriate records that relate to City services under this Agreement, as allowed by law. County shall provide City access to appropriate records pertaining to City services for approval, funding or auditing services, upon reasonable notice. County shall maintain such records for periods of time as provided by law or records retention schedules duly adopted by the appropriate legislative body. Covenants under this Section shall survive the termination of this Agreement. 11. ALTERATION OF TERMS No addition to, or alteration of, the terms of this Agreement, whether by written or verbal understanding of the parties, their officers, agents, or employees, shall be valid unless made in the form of a written amendment to this Agreement which is formally approved and executed by both parties. No waiver of any term or condition of this Agreement by either party shall be a continuing waiver thereof. 116 9 12. NOTICES Any notices required or desired to be served by either party upon the other shall be addressed to the respective parties as set forth below: County City Chad Bianco, Sheriff City of La Quinta Riverside Station 78495 Calle Tampico Post Office Box 512 La Quinta, CA 92253 Riverside, California 92502 Attn: City Manager or to such other addresses as from time to time may be designated by the respective parties. An information copy of any notice to County shall also be sent to: Clerk of the Board of Supervisors County of Riverside 4080 Lemon Street, 1st Floor Riverside, California 92501 13. SEVERABILITY If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect. 14. STANDARD OF CARE In performing the police services required by this Agreement, County agrees to use that degree of care and skill ordinarily exercised under similar circumstances by law enforcement officers in performance of the duties required by this Agreement. All Sheriff’s personnel who provide general and specialized law enforcement services to City pursuant to this Agreement shall have met the minimum qualifications designated for their specific classification, including a background investigation. 15. JURISDICTION AND VENUE This Agreement shall be construed under the laws of the State of California. In the event any action or proceeding is filed to interpret, enforce, challenge, or invalidate any term of this Agreement, venue shall lie only in the state or federal courts in or nearest to Riverside County. // // // // // 117 10 16. ENTIRE AGREEMENT This Agreement is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. IN WITNESS WHEREOF, the City of La Quinta, by minute order or resolution duly adopted by its City Council, has caused this Agreement to be signed by its Mayor and attested and sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused this Agreement to be subscribed by the Chairman of said Board and sealed and attested by the Clerk of said Board, all on the dates indicated below. CITY OF LA QUINTA Dated:_________________ By:________________________ Linda Evans, Mayor ATTEST: Name Title By:___________________ COUNTY OF RIVERSIDE Dated:__________________ By:___________________________ Kevin Jeffries, Chairman Riverside County Board of Supervisors ATTEST: APPROVED AS TO FORM: Kecia Harper-Ihem Greg P. Priamos Clerk of the Board County Counsel By:____________________ By:_________________ Deputy Kristine Bell-Valdez Supervising Deputy County Counsel 118 11 ATTACHMENT A CITY OF LA QUINTA LEVEL OF SERVICE Average Patrol Services 135 supported hours per day. (Equivalent of 27.7 Deputy Sheriff positions @ 1,780 annual productive hours per position.) Dedicated Positions One (1) Sheriff’s Lieutenant position Two (2) Sheriff’s Sergeant positions Five (5) Deputy Sheriff (fully supported) positions - Target Team Two (2) Deputy Sheriff (fully supported) positions - Motor Officers Three (3) Deputy Sheriff (fully supported) positions - Traffic Officers One (1) Deputy Sheriff (unsupported) position – Violent Crime Gang Task Force One (1) Deputy Sheriff (unsupported) position – Coachella Valley Narcotics Task Force Six (6) Community Service Officer II positions 119 120 HOUSING AUTHORITY MINUTES Page 1 of 2 MAY 21, 2019 SPECIAL MEETING HOUSING AUTHORITY MINUTES SPECIAL MEETING TUESDAY, MAY 21, 2019 CALL TO ORDER A special meeting of the La Quinta Housing Authority was called to order at 8:47 p.m. by Chairperson Peña. PRESENT: Authority Members: Evans, Fitzpatrick, Radi, Sanchez, and Chairperson Peña ABSENT: None VERBAL ANNOUNCEMENT – AB 23 was made by the Authority Secretary PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA – Confirmed ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS – None CONSENT CALENDAR 1.APPROVE MINUTES OF APRIL 16, 2019 MOTION – A motion was made and seconded by Authority Members Sanchez/Fitzpatrick to approve the Consent Calendar as recommended. Motion passed unanimously. BUSINESS SESSION 1.ADOPT RESOLUTION TO APPROVE AN ACCOUNTS RECEIVABLE WRITE-OFF AND UNCLAIMED PROPERTY POLICY [RESOLUTION NO. HA 2019-001] Housing Authority waived presentation of the staff report, which is on file in the Clerk’s Office. MOTION – A motion was made and seconded by Authority Members Evans/Fitzpatrick to adopt Resolution No. HA 2019-001 approving an Accounts Receivable Write-Off and Unclaimed Property Policy as recommended: HOUSING AUTHORITY - CONSENT CALENDAR ITEM NO. 1 121 HOUSING AUTHORITY MINUTES Page 2 of 2 MAY 21, 2019 SPECIAL MEETING A RESOLUTION OF THE LA QUINTA HOUSING AUTHORITY ADOPTING AN ACCOUNTS RECEIVABLE WRITE-OFF AND UNCLAIMED PROPERTY POLICY Motion passed unanimously. STUDY SESSION 1. DISCUSS FISCAL YEAR 2019/20 PRELIMINARY PROPOSED BUDGET Finance Director Romero presented the staff report, which is on file in the Clerk’s Office. Authority Members discussed the need to schedule a study session item to discuss the ability to utilize the former Redevelopment Agency bond funds for affordable housing investment opportunities. Authority Members reached a consensus and directed staff to schedule this item for discussion at a future Housing Authority meeting. PUBLIC HEARINGS – None DEPARTMENTAL REPORTS – None CHAIR AND BOARD MEMBERS' ITEMS – None REPORTS AND INFORMATION ITEMS – None CLOSED SESSION – None ADJOURNMENT There being no further business, it was moved and seconded by Authority Members Radi/Fitzpatrick to adjourn at 8:52 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, Authority Secretary La Quinta Housing Authority 122 City of La Quinta JOINT CITY COUNCIL/HOUSING AUTHORITY MEETING: June 18, 2019 STAFF REPORT AGENDA TITLE: APPROVE CONTRACT SERVICES AGREEMENT WITH BECKY CAHA FOR HOUSING COMPLIANCE AND MONITORING SERVICES RECOMMENDATION Approve Contract Services Agreement with Becky Caha for housing compliance and monitoring services; and authorize the Executive Director to execute the agreement. EXECUTIVE SUMMARY  For over twenty years, the Housing Authority (Authority) has retained outside consultants to provide housing compliance and monitoring services (Services).  The current Housing Compliance Monitoring Services Agreement expires June 30, 2019.  In March 2019, staff solicited bids through the Request for Qualifications (RFQ) process for Services; Becky Caha was the sole respondent.  The Housing Commission recommended approval of the contract at the May 1, 2019 meeting. FISCAL IMPACT The annual contract cost is $71,100. The total not-to-exceed amount for the term of the Agreement (5 years) is $355,500. Funds will be budgeted in the 2019/20 Housing Fund within the Professional Services account (241-9101- 60103). BACKGROUND/ANALYSIS The Authority as Successor Agency to the former La Quinta Redevelopment Agency, oversees several affordable housing programs. The programs include a home ownership silent second trust deed program, single-family residential program, and a residential rehabilitation program. HOUSING AUTHORITY – CONSENT CALENDAR ITEM NO. 2 123 For over twenty years, the Authority has retained the help of outside consultants to provide Services, which include, but are not limited to the following:  Screen program applications to determine eligibility  Process applications for covenant restricted property resales  Annual compliance monitoring, certification, and reporting  Loan subordination review/approval/processing  Payoff processing/monitoring  Coordination with property owners, realtors, escrow, and title companies to process purchase and refinance  Prepare required forms/paperwork  Tenant screening, both initial and annual, including credit checks, personal references, employment verifications, and other such means of verifying the qualifications of new and existing tenants applying for or living in various Authority rental properties  Provide courteous, professional service to property owners and applicants as they work through the purchase, refinance, and sale process. In 2013, the Authority contracted with Becky Caha to provide the Services. The current contract expires June 30, 2019. On March 22, 2019, staff issued an RFQ, which was posted on the City’s website and notification was sent to subscribers of the City’s RFQ/P alerts and to various affordable housing agencies. The RFQ was active for two weeks. Staff received one proposal that was submitted by Becky Caha. ALTERNATIVES The Authority could elect to again solicit RFP’s and extend this contract on a month to month basis until the proposal solicitation process is complete. Prepared by: Angela Ferreira, Management Analyst Approved by: Frank J. Spevacek, Executive Director Attachment: 1. Contract Services Agreement with Becky Caha 124 AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made and entered into by and between the LA QUINTA HOUSING AUTHORITY, (“Authority”), a public body, corporate and politic, and BECKY CAHA (“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 HOUSING COMPLIANCE AND MONITORING SERVICES, 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 Authority 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 Authority), and hold Authority, its elected officials, officers, employees, and agents, free and harmless against any such fees, ATTACHMENT 1 125 -2- assessments, taxes, penalties, or interest levied, assessed, or imposed against Authority hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section. 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 Authority, Contracting Party shall immediately inform Authority 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 Authority 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 Authority, except such losses or damages as may be caused by Authority’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 Authority, 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 126 -3- 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. 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”) (the “Contract Sum”), 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 Authority; 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 127 -4- 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 Authority no later than the tenth (10th) working day of such month, in the form approved by Authority’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, Authority will pay Contracting Party for all items stated thereon which are approved by Authority pursuant to this Agreement no later than thirty (30) days after invoices are received by the Authority’s Finance Department. 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 Authority 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 Housing Authority, the Executive Director, or Department Director, depending upon Authority 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 Authority 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 128 -5- time period specified in the Schedule of Performance may be approved in writing by the Contract Officer or assigned designee. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Co ntracting 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 Authority, 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, 2019, and terminate on June 30, 2024 (“Term”). 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) Becky Caha Tel No. (760) 900-9668 E-mail: cahabecky@gmail.com It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for Authority 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 129 -6- personnel may be assigned to perform the Services required hereunder without the express written approval of Authority. 4.2 Contract Officer. The “Contract Officer”, otherwise known as the Gilbert Villalpando, Assistant to the City Manager, or assigned designee may be designated in writing by the Executive Director of the Housing Authority. 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 Authority to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of Authority 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 Authority 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 Authority 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 Authority. 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 Authority. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without Authority’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 Authority. 4.4 Independent Contractor. Neither Authority 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. Authority 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 Authority and shall remain at all times as to Authority a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any 130 -7- manner represent that it or any of its agents or employees are agents or employees of Authority. Authority 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 ent erprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of Authority. 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 Authority. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, Authority shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for Authority. Authority 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 Authority, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of Authority and entitlement to any contribution to be paid by Authority 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 Authority harmless from any and all taxes, assessments, penalties, and interest asserted against Authority 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 Authority harmless from any failure of Contracting Party to comply with applicable workers’ compensation laws. Authority shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to Authority from Contracting Party as a result of Contracting Party’s failure to promptly pay to Authority 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 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. 131 -8- 4.6 Authority Cooperation. Authority 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 Authority. 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 Authority), and hold harmless Authority 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 Authority 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 132 -9- providing design services, the estimated increased or decreased cost estimate for the project being designed. 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 Authority 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 Authority, 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 Authority 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 Authority, 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 Authority or as part of any audit of Authority, 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 Authority and shall be delivered to Authority 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 Authority 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 133 -10- uncompleted documents without specific written authorization by Contracting Party will be at Authority’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 Authority of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify Authority for all damages resulting therefrom. 7.4 In the event Authority or any person, firm, or corporation authorized by Authority 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 changes or alterations in said Documents and Materials, Authority 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 Authority 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 Authority 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 Authority. Authority 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 Authority’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 Authority, except as required by law or as authorized by Authority. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all Authority data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, 134 -11- 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 Authority or unless required by law. Authority 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 Authority 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 Authority 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 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, Authority may take such immediate action as Authority 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 Authority’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, Authority shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, Authority may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 135 -12- 8.3 Retention of Funds. Authority may withhold from any monies payable to Contracting Party sufficient funds to compensate Authority for any losses, costs, liabilities, or damages it reasonably believes were suffered by Authority 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. Authority’s consent or approval of any act by Contracting Party requiring Authority’s consent or approval shall not be deemed to waive or render unnecessary Authority’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 termination for cause. Authority 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 Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any Authority-owned property which 136 -13- Contracting Party is permitted to occupy hereunder and Authority 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 Authority shall use reasonable efforts to mitigate such damages), and Authority may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed Authority. 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 Authority 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. AUTHORITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non-liability of Authority Officers and Employees. No officer, official, employee, agent, representative, or volunteer of Authority shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by Authority 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 Authority or which would in any way hinder 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 137 -14- appearance of any conflicts of interest with the interests of Authority in the performance of this Agreement. No officer or employee of Authority 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 Authority: La Quinta Housing Authority Attention: Gilbert Vilallpando 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: Becky Caha 9812 Continental Drive Huntington Beach, CA 92646 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 138 -15- for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the Housing Authority of the City of La Quinta. 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 Authority 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 be come effective at the time Authority renders final payment to Contracting Party without further acknowledgment of the parties. 139 -16- 10.9 No Third-Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] 140 141 1 QUALIFICATIONS TO PROVIDE HOUSING COMPLIANCE AND MONITORING SERVICES LA QUINTA HOUSING AUTHORITY City of La Quinta Housing Authority 78495 Calle Tampico La Quinta, CA 92253 April 2, 2019 9812 Continental Drive Huntington Beach, CA 92646 760.900.9668 cahabecky@gmail.com B ECKY C AHA C EXHIBIT A 142 2 April 2, 2019   Via Electronic Mail      Ms. Angela Ferreira, Housing Specialist  CITY OF LA QUINTA, CITY MANAGER’S OFFICE  78495 Calle Tampico  La Quinta, CA 92253      QUALIFICATIONS  TO  PROVIDE  AFFORDABLE  HOUSING  COMPLIANCE  AND  MONITORING  SERVICES    Dear Ms. Ferreira:    Thank you for the opportunity to present this letter of qualifications and proposal for housing  compliance and monitoring services to the La Quinta Housing Authority (Authority).  It has been  my pleasure to provide these services for the City of La Quinta (City), the former La Quinta  Redevelopment Agency (Agency) and currently, the Authority for almost 30 years through my  employment with Rosenow Spevacek Group until May 31, 2012, and since June 1, 2012 as an  independent contractor with the Authority.      My experience with the City and Authority makes me uniquely qualified to provide the Authority  with the services requested in the Request for Qualifications.  I have a clear understanding of  the need for compliance in all aspects of the Authority’s affordable housing programs, as well as  a good working relationship with realtors, lenders, property owners, and Authority staff.  This  will allow the administration of these programs to continue seamlessly without any downtime.    The following describes some of my recent related experience and references with the La Quinta  Housing Authority:    Affordable Housing Program Administration – City of La Quinta   During the past twenty years, I have provided complete administration services of administering  their  respective  affordable  housing  programs  including,  managing  its  single‐family  and  multifamily residential rehabilitation loan programs, mobile home conversions, and acquisitions  of dilapidated properties for refurbishment and resale.  I have assisted property owners in the  refinancing  of  their  homes,  selling  of  their  properties  to  qualified  buyers,  verification  of  all  ownership  and  income  qualifications  to  ensure  compliance  with  all  applicable  restrictions.   Below are references of those I have worked with on the Authority’s housing programs:    Jim Cathcart    Cathy Boyd  La Quinta Palms Realty  Solaris Escrow  (760) 564‐4104 (760) 776‐5770  C ‐1‐  143 3     The following scope of services outlines those duties and time requirements which I propose to  continue to provide for the Authority.      SCOPE OF SERVICES    1. 2nd TRUST DEED PROGRAM & OTHER LOAN PROGRAMS      A  Application Processing     For  all  the  Authority’s  2nd  Trust  Deed  Programs  ‐  review  any  potential  applicants for resales (this includes Watercolors, 2nd Trust Deed  Home  Purchase  Loans,  Miraflores,  Authority  Resales,  and  Habitat,  as well  any  additional projects that may come online throughout the term of the contract  with the Authority).  Coordinate with realtors and escrow/title on processing  purchases.  (Estimated time required – 10 hours per month)      B.  Subordination Review / Approval / Processing     Review  current  loan  applications  and  verify  whether  or  not  a  refinance  is  allowable under terms of the particular program; coordinate with lender and  escrow in processing subordination agreements and preparing said agreements  for signature.  (Estimated time required – 10 hours per month)      C.  Payoff Processing    Verify whether or not loan can be paid off; and, if allowed, work with lender,  escrow and property owner to determine payoff amount and prepare  the  necessary payoff documents to ensure that the Authority receives payment.  (Estimated time required – 5 hours per month)      D.  Phone Call/Inquiries      Consists of phone calls from realtors, property owners, lenders, general public  on the terms and conditions of various properties within the Authority’s housing  program.  Involves reviewing restrictions, determining potential resale prices,  refinancing limitations, and payoff limitations. (Estimated time required – 30  hours per month)    E. Compliance Monitoring (conducted once a year)   Annually mail out recertification letters to all property owners to verify that  they still reside on the property, research with County in the event of returned  letters, or discrepancy of mailing addresses to verify the owner occupancy of  property. (Estimated time required – 25 hours annually, performed in July)     ‐2‐ 144 4     II.  MULTIFAMILY/RENTAL PROPERTIES        Verify  the  continued  compliance  of  the  Authority’s  multifamily  rental  properties.   Verification of income levels of tenants, and rental amounts to verify each project is still  in compliance with their respective controlling agreements.  (Estimated time required –  15 hours annually, performed in July)      III.  OTHER SERVICES     A. Recording Reconveyances ‐ Sewer Subsidy Program (term expiration) –Arrange  for the preparation and recordation of the necessary reconveyance documents  for those properties that have completed the 15‐year term of the sewer subsidy  program. (Estimated time required – 2 hours monthly. Will only be required  this next fiscal year as all properties have concluded their term)    B. Residential  Rehabilitation  Loan  Program  ‐  Monthly  process  payments  of  the  rehabilitation loan for the loan programs and monitor the repayment schedule.  (Estimated time required – ½ hour per month)    C. Foreclosure / Loan Default Assistance – Working with lenders and homeowners  in the event of defaults and foreclosure sales to ensure that the Authority’s  interests are maintained to the extent possible.  (Estimated time required – 3  hours per month)    D. Housing Authority Annual Report – Assist Authority staff with the verification of  affordable housing properties and assistance amount.  (Estimated time required  – 5 hours annually, performed in September or October)    Again, I am prepared to alter my scope of services to accommodate any changes in services the  Authority deems appropriate.        ‐3‐ 145 5 FEE PROPOSAL  Below is my fee proposal based upon compensation on a time and materials basis.  My hourly  rate for this engagement is $100 per hour.  The estimate below is provided for a period of 12  months assuming all services noted in the Scope of Services (for detailed month by month  breakdown, please see the attached). It is anticipated that these services could be provided for  an estimated NOT TO EXCEED FEE of $71,100.      Estimated Budget:                                        Invoices  Invoices will be submitted at the end of each month.  Expense charges will be kept to a  minimum, and will be billed at cost only.  I will not charge for phone charges, copies, or mileage  within Southern California.  I will charge for postage or outside services (FedEx, UPS).    Insurance  I currently have insurance that covers these services, and will upgrade my insurance to meet the  Authority’s requirements throughout the term of my contract.    Thank you for this opportunity to provide the Authority with my qualifications for these services.   I am hopeful that the working relationship that is currently in place can continue.  Please feel  free to contact me with any questions or if you require any additions/subtractions to the Scope  of Services.  You can reach me at (760) 900‐9668 and my email is cahabecky@gmail.com.    Sincerely,  Becky Caha Becky Caha  Housing Program Consultant  Hours $ Amount 2nd Trust Deed Program Application Processing - Resales of Covenanted Properties 120 12,000$ Subordination Review/Approval/Processing 60 6,000$ Payoff Processing 60 6,000$ Phone Calls/Inquiries 360 36,000$ Ownership Recertification Compliance Monitoring 25 2,500$ Multifamily / Rental Properties Annual Compliance Certification Monitoring 15 1,500$ Other Services Recording Reconveyances - Sewer Subsidy Program 24 2,400$ Proocessing of Rehab Loan Payments 6 600$ Foreclosure / Loan Default Assistance 36 3,600$ Houing Authority Annual Report 5 500$ TOTAL 71,100$ LA QUINTA HOUSING AUTHORITY Housing Program Administration Annual Budget ‐4‐ 146 Jan-20Feb-20Mar-20Apr-20May-20Jun-202nd Trust Deed ProgramHours Amount Hours Amount Hours Amount Hours Amount Hours Amount Hours Amount Hours Amount Hours Amount Hours Amount Hours Amount Hours Amount HoursAmountApplication Processing - Resales of Covenanted Properties10 1,000$ 10 1,000$ 10 1,000$ 10 1,000$ 10 1,000$ 10 1,000$ 10 1,000$ 10 1,000$ 10 1,000$ 10 1,000$ 10 1,000$ 10 1,000$ Subordination Review/Approval/Processing5 500$ 5 500$ 5 500$ 5 500$ 5 500$ 5 500$ 5 500$ 5 500$ 5 500$ 5 500$ 5 500$ 5 500$ Payoff Processing5 500$ 5 500$ 5 500$ 5 500$ 5 500$ 5 500$ 5 500$ 5 500$ 5 500$ 5 500$ 5 500$ 5 500$ Phone Calls/Inquiries30 3,000$ 30 3,000$ 30 3,000$ 30 3,000$ 30 3,000$ 30 3,000$ 30 3,000$ 30 3,000$ 30 3,000$ 30 3,000$ 30 3,000$ 30 3,000$ Ownership Recertification Compliance Monitoring25 2,500$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ TOTAL 75 7,500$ 50 5,000$ 50 5,000$ 50 5,000$ 50 5,000$ 50 5,000$ 50 5,000$ 50 5,000$ 50 5,000$ 50 5,000$ 50 5,000$ 50 5,000$ 62,500$ Multifamily / Rental PropertiesAnnual Compliance Certification Monitoring15 1,500$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 15 1,500$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 1,500$ Other ServicesRecording Reconveyances - Sewer Subsidy Program2 200$ 2 200$ 2 200$ 2 200$ 2 200$ 2 200$ 2 200$ 2 200$ 2 200$ 2 200$ 2 200$ 2 200$ Proocessing of Rehab Loan Payments0.5 50$ 0.5 50$ 0.5 50$ 0.5 50$ 0.5 50$ 0.5 50$ 0.5 50$ 0.5 50$ 0.5 50$ 0.5 50$ 0.5 50$ 0.5 50$ Foreclosure / Loan Default Assistance3 300$ 3 300$ 3 300$ 3 300$ 3 300$ 3 300$ 3 300$ 3 300$ 3 300$ 3 300$ 3 300$ 3 300$ Houing Authority Annual Report0-$ 0 -$ 5 500$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ TOTAL 5.5 550$ 5.5 550$ 10.5 1,050$ 5.5 550$ 5.5 550$ 5.5 550$ 5.5 550$ 5.5 550$ 5.5 550$ 5.5 550$ 5.5 550$ 5.5 550$ 7,100$ 95.5 9,550$ 55.5 5,550$ 60.5 6,050$ 55.5 5,550$ 55.5 5,550$ 55.5 5,550$ 55.5 5,550$ 55.5 5,550$ 55.5 5,550$ 55.5 5,550$ 55.5 5,550$ 55.5 5,550$ 71,100$ ANNUAL TOTAL FOR HOUSING PROGRAM ADMINISTRATIONJul-19LA QUINTA HOUSING AUTHORITYHousing Program Administration Monthly BudgetAug-19 Sep-19 Oct-19 Nov-19 Dec-19 147 Becky Caha 9812 Continental Drive Huntington Beach, CA 92646 Phone: 760-900-9668 E-mail: cahabecky@gmail.com BACKGROUND Conducts a wide variety of real estate and affordable housing consulting services to municipalities throughout Southern California. My broad portfolio of experience includes developing and administering low and moderate income housing and subsidy programs, reviewing applicant eligibility, coordinating escrow and document preparation, and conducting annual monitoring and reporting activities. I also have considerable experience in the field of rent subsidy and tenant coordination for multifamily affordable housing projects. FOCUS AREAS Affordable Housing and Housing Assistance Programs, Oversight Agent, Program Administration, Application Process Oversight, Escrow Supervision, Underwriting Services EXPERIENCE • Program Administrative Consultant for City of La Quinta/La Quinta Housing Authority for the administration of the Home Purchase Loan Program and compliance management of their multifamily income restricted rental units. • Project Management Consultant for the administration and compliance City of Coronado Home Purchase Loan Program and multifamily tenant recertification and compliance monitoring for their affordable rental units. • Project Management for underwriting services for the City of Irwindale’s Affordable Housing Low and Moderate Down Payment Assistance Program. OTHER AFFILIATIONS • Fair Housing Council of Riverside County, Inc. • California Association for Local Economic Development • Riverside County Coalition of Affordable Housing Professionals EDUCATION B.A. Liberal Arts – University of Redlands M.A. Organizational Leadership – Biola University RESUME 148 a04/25/19 Exhibit B Page 1 of 1 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 SEVENTY ONE THOUSAND ONE HUNDRED DOLLARS ($71,100) (“Contract Sum”) per fiscal year. The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in 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. 149 Exhibit C Page 1 of 1 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. 150 Exhibit D Page 1 of 1 Exhibit D Special Requirements None 151 Exhibit E Page 1 of 6 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 Errors and Omissions Liability $1,000,000 (per claim and aggregate) 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 Authority nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the Authority 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 Authority prior to commencement of the services hereunder. 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 152 Exhibit E Page 2 of 6 $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 provide written notice to Authority within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, 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 Authority, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies Authority 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, Authority 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 of any of the above remedies, however, is an alternative to any other remedies Authority 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. 153 Exhibit E Page 3 of 6 E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and Authority 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 Authority, 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 Authority 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 policies. Nothing contained in this Agreement or any other agreement relating to Authority 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 Authority 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 Authority, 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 Authority’s protection without Authority’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 Authority 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, Authority has the right, but not the duty, to obtain any insurance it 154 Exhibit E Page 4 of 6 deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by Authority shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at Authority 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 Authority. 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 Authority 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 pe rformance of work on the project contemplated by this agreement to self-insure its obligations to Authority. If Contracting Party’s existing coverage includes a deductible or self-insured retention, the deductible or self -insured retention must be declared to the Authority. At that time the Authority 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 Authority 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 Authority will negotiate additional compensation proportional to the increased benefit to Authority. 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. 155 Exhibit E Page 5 of 6 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of Authority to inform Contracting Party of non- compliance with any insurance requirement in no way imposes any additional obligations on Authority 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 Authority, 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 Authority 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 Authority 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 Authority, its employees, officials, and agents. 17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive. 18. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 19. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 20. Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the 156 Exhibit E Page 6 of 6 right to charge Authority or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to Authority. It is not the intent of Authority to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against Authority for payment of premiums or other amounts with respect thereto. 21. Contracting Party agrees to provide immediate notice to Authority of any claim or loss against Contracting Party arising out of the work performed under this agreement. Authority 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 Authority. 157 Exhibit F Page 1 of 3 Exhibit F Indemnification F.1 Indemnity for the Benefit of Authority. 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 Authority), and hold harmless Authority 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 Authority), 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 Authority under any 158 Exhibit F Page 2 of 3 provision of this agreement, Contracting Party shall not be required to indemnify and hold harmless Authority for liability attributable to the active negligence of Authority, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where Authority is shown to have been actively negligent and where Authority’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 Authority. 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 Authority 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 159 Exhibit F Page 3 of 3 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 Authority to monitor compliance with these requirements imposes no additional obligations on Authority and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend Authority 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. 160 City of La Quinta JOINT CITY COUNCIL/HOUSING AUTHORITY MEETING: June 18, 2019 STAFF REPORT AGENDA TITLE: INTERVIEW AND APPOINT RESIDENTS TO VARIOUS CITY COMMISSIONS RECOMMENDATION Make appointments to fill upcoming vacancies on City Commissions. EXECUTIVE SUMMARY The City has established several commissions, which require public participation and membership. Applications are accepted throughout the year and applicants are notified of upcoming annual vacancies and unexpired term vacancies. The City advertised the upcoming vacancies on the City website, in the Gem and the Desert Sun in May 2019; 21 applications were received (Attachment 1). Council and Housing Authority (Authority) will interview and appoint applicants to the vacancies by ballot after a random drawing to determine order (Attachment 2). FISCAL IMPACT The following Council/Authority-approved amounts (per member, per meeting attended) are included in the 2019/20 Budget: Community Services Commission $ 75 Finance Advisory Commission $ 75 Housing Commission $ 50 Planning Commission $100 BACKGROUND/ANALYSIS The Council/Authority established boards/commissions to facilitate broader participation in City governance, to solicit a broad range of opinions on City issues, and to introduce citizens to the municipal government process. CITY COUNCIL AND HOUSING AUTHORITY – BUSINESS SESSION ITEM NO. 1 161 All existing Commission members whose terms will expire this year and applicants from the last round of appointments not seated, were also e-mailed and invited to reapply. The following applications were received from residents: COMMUNITY SERVICES COMMISSION (open: two full term seats) Gayl Biondi Michael Krmpotich Philip LaGreca Donald Reifer Randi Roehrick FINANCIAL ADVISORY COMMISSION (open: two full term seats) Thomas Calabro John Hoffner Javier Lopez Sherwyn Turbow HOUSING COMMISSION (open: one full term seat) Olga Janneth Pacheco PLANNING COMMISSION (open: four full term seats, two of which are professional members with strong background in architecture or landscape architecture) John Carnie Loretta Currie Mike Etheridge Elisa Guerrero Dann Mallec Kevin McCune (professional) Stephen Thomas Nieto (professional) Gregory Semos Dale Tyerman Taylor Libolt Varner ALTERNATIVES Fill some or no vacancies, re-advertise, and set another date for Council interviews and appointments. Prepared by: Tania Flores, Management Assistant Approved by: Monika Radeva, City Clerk Attachments: 1.A pplications & Ballots AGENDA TITLE: APPROVE OF PERSONNEL POLICIES AND PROCEDURES RECOMMENDATION Approve the City Personnel Policies and Procedures. EXECUTIVE SUMMARY The City engaged Municipal Resource Group, LLC (MRG) to review the existing Personnel Policies and Procedures (Policy) and provide recommendations and revisions. The Policy was then reviewed by the City Attorney’s Office, staff, and the La Quinta City Employees Association (LQCEA). The most significant changes are the legal updates to comply with Federal and State law. FISCAL IMPACT - None. BACKGROUND/ANALYSIS At the May 21, 2019 City Council meeting, a study session was held to provide a review of the policy recommended modifications. This was the first comprehensive review and revamp of the personnel policies and procedures since the City was incorporated in 1982. The staff objectives for initiating this effort were: To comply with Federal and State law, To modernize the policies, To infuse performance-based practices, To provide additional controls and operational flexibility, To simplify. One of the significant best practice recommendations was to have consistency in the level of detail documented in the Policy. Some overly detailed non- regulatory procedurals were moved into a separate document, “Implementation Guidelines.” The Guidelines will serve as a working document that supplements policy-level information. BUSINESS SESSION ITEM NO. 2 City of La Quinta JOINT CITY COUNCIL/HOUSING AUTHORITY MEETING: June 18, 2019 STAFF REPORT 163 The Policy has been reviewed by the City Council, City Labor Attorney, City Manager, Community Resources Director, Human Resources Manager, and LQCEA representatives. Per Council request, section 3.3, Appointment to New Positions, was restructured for clarification as follows: No person shall be appointed or employed to fill a position prior to the position’s assignment to the City’s Classification Plan, unless otherwise provided by these Policies. The City Manager, or designee, shall amend existing working titles and duties in the Classification Plan without changing the classification itself. City Council approval shall be required to establish and assign a new classification to the Classification Plan, and when there is a rating change of any established classification. This section does not allow, and shall not be construed as allowing, the City Manager, or designee, to approve reclassifications without City Council approval. Staff met with the LQCEA board on June 6 to meet and confer on this item approving the Policy (Attachment 1) as revised. ALTERNATIVES The Council may request further information regarding specific items and then provide direction prior to considering and approving the Policy. Prepared by: Angela Scott, Human Resources/Risk Manager Approved by: Chris Escobedo, Community Resources Director Attachment: 1. Personnel Policies and Procedures 164 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES Amended: November 2000; July 2003; January 2007; October 2007; April 2008; July 2009; June 2010; July 2011; July 2012; July 2014; July 2015; October 2015; June 2018; June 2019 ATTACHMENT 1 165 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES Page i TABLE OF CONTENTS Page APPLICABILITY AND DEFINITIONS ................................................ 6 1.1 PURPOSE ................................................................................... 6 1.2 APPLICATION AND EXCEPTIONS ................................................... 6 1.3 VALIDITY OF POLICIES (SEVERABILITY) ........................................ 6 1.4 VIOLATION OF POLICIES ............................................................. 6 1.5 DEFINITION OF TERMS ................................................................ 6 ADMINISTRATIVE POLICIES ....................................................... 13 2.1 ADMINISTRATION OF THE PERSONNEL SYSTEM ............................ 13 2.2 CONFLICTS OF INTEREST AND ACCEPTANCE OF GIFTS AND OTHER GRATUITIES .................................................................. 13 2.3 OUTSIDE EMPLOYMENT ............................................................. 14 2.4 POLITICAL ACTIVITIES .............................................................. 14 2.5 EQUAL EMPLOYMENT, DISCRIMINATION, HARASSMENT, AND ANTI-BULLYING POLICY ...................................................... 14 2.6 SMOKING POLICY ..................................................................... 19 2.7 DRESS CODE ........................................................................... 19 2.8 USE OF ELECTRONIC EQUIPMENT AND SYSTEMS .......................... 19 2.9 FRAUD IN THE WORKPLACE POLICY ............................................ 25 CLASSIFICATION AND COMPENSATION ....................................... 29 3.1 PREPARATION AND AMENDMENT OF CLASSIFICATION PLAN ......... 29 3.2 ALLOCATED POSITIONS ............................................................. 29 3.3 APPOINTMENT TO NEW POSITIONS ............................................. 30 3.4 CLASSIFICATION SPECIFICATIONS ............................................. 30 3.5 PREPARATION AND ADOPTION OF COMPENSATION PLAN ............... 30         166 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES Page ii TYPES OF APPOINTMENTS .......................................................... 31 4.1 PROBATIONARY APPOINTMENTS ................................................. 31 4.2 REGULAR FULL-TIME AND REGULAR PART-TIME APPOINTMENT .......................................................................... 31 4.3 EMERGENCY APPOINTMENTS ...................................................... 31 4.4 INTERIM APPOINTMENTS ........................................................... 31 4.5 “WORKING OUT OF CLASS” ........................................................ 32 4.6 TRANSFER ............................................................................... 33 4.7 PROMOTION ............................................................................ 34 4.8 DEMOTION .............................................................................. 35 4.9 RECLASSIFICATION .................................................................. 35 4.10 TEMPORARY ASSIGNMENT PAY ................................................... 36 4.11 LAYOFFS/REDUCTION-IN-FORCE/RECALL ..................................... 37 RECRUITMENT AND SELECTION .................................................. 41 5.1 EQUAL EMPLOYMENT POLICIES ................................................... 41 5.2 PERSONNEL REQUESTS ............................................................. 42 5.3 JOB ANNOUNCEMENTS .............................................................. 42 5.4 PERSONNEL APPLICATIONS ........................................................ 43 5.5 RECRUITMENT .......................................................................... 43 5.6 EVALUATION OF APPLICATIONS .................................................. 43 5.7 DISQUALIFICATION OF APPLICATIONS ........................................ 44 5.8 SELECTION PROCESS ................................................................ 44 5.9 CANDIDATE EXAMINATION INSPECTION ...................................... 45 5.10 NEPOTISM POLICY .................................................................... 45 5.11 DRIVING SAFETY CHECK............................................................ 46 5.12 ELIGIBILITY LISTS .................................................................... 46 5.13 REFERENCE CHECKS AND BACKGROUND INVESTIGATIONS ............ 47 5.14 FINAL DECISIONS OF SELECTION ............................................... 47 5.15 PRE-EMPLOYMENT PRE-PLACEMENT PHYSICAL EXAMINATION .......................................................................... 48 5.16 EMPLOYMENT ELIGIBILITY VERIFICATION .................................... 48 5.17 PROBATIONARY PERIOD .......... ERROR! BOOKMARK NOT DEFINED. 5.18 CRIMINAL CONDUCT - INELIGIBILITY FOR EMPLOYMENT ................ 48 5.19 RESIGNATION .......................................................................... 49 167 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES Page iii EVALUATION AND SALARY ADVANCEMENT ................................... 50 6.1 SALARY AT APPOINTMENT.......................................................... 50 6.2 MARKET PREMIUM PAY ............ ERROR! BOOKMARK NOT DEFINED. 6.3 RECRUITMENT AND/OR RETENTION INCENTIVES .......................... 50 6.4 EMPLOYEE PERFORMANCE EVALUATION ....................................... 50 6.5 PROGRESSION BASED ON SUCCESSFUL PERFORMANCE ................. 52 6.6 BILINGUAL COMPENSATION ....................................................... 54 SECTION HOURS OF WORK AND OVERTIME ............................................... 55 7.1 WORKWEEK AND OVERTIME ...................................................... 55 7.2 OVERTIME ............................................................................... 55 7.3 COMPENSATORY TIME OFF (CTO) ............................................... 56 7.4 ALTERNATE WORKWEEK ............................................................ 56 7.5 STAND-BY AND CALL-BACK POLICY ............................................. 57 7.6 TIME SHEETS ........................................................................... 58 7.7 ABANDONMENT OF EMPLOYMENT ............................................... 58 7.8 LUNCH AND BREAK POLICY ........................................................ 58 LEAVES ................................................................................... 59 8.1 HOLIDAYS ............................................................................... 59 8.2 VACATION LEAVE ..................................................................... 60 8.3 SICK LEAVE ............................................................................. 64 8.4 BEREAVEMENT LEAVE ................................................................ 67 8.5 ADMINISTRATIVE LEAVE ............................................................ 67 8.6 JURY DUTY AND WITNESS LEAVE ................................................ 68 8.7 PREGNANCY DISABILITY LEAVE .................................................. 68 8.8 MILITARY LEAVE ....................................................................... 72 8.9 LEAVE OF ABSENCE WITHOUT PAY .............................................. 73 8.10 FAMILY AND MEDICAL LEAVE ..................................................... 74 8.11 SCHOOL ACTIVITIES LEAVE ....................................................... 80 8.12 TIME OFF FOR CRIME VICTIMS ................................................... 81 8.13 VOTING TIME OFF ..................................................................... 81 8.14 DISABILITY LEAVE .................................................................... 81   168 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES Page iv HEALTH AND SAFETY ................................................................ 84 9.1 INJURY AND ILLNESS PREVENTION PROGRAM .............................. 84 9.2 ON-THE-JOB-INJURIES AND WORKERS’ COMPENSATION COVERAGE .............................................................................. 87 9.3 WORKPLACE VIOLENCE ............................................................. 90 9.4 DRUG AND ALCOHOL-FREE WORKPLACE ...................................... 90 9.5 DEPARTMENT OF TRANSPORTATION ALCOHOL AND DRUG TESTING ................................................................................. 93 9.6 VEHICLE AND SEATBELT POLICY ................................................ 102  EMPLOYEE DISCIPLINE ............................................................. 104 10.1 GROUNDS FOR DISCIPLINARY ACTION ....................................... 104 10.2 DISCIPLINARY ACTIONS ........................................................... 105 10.3 PRE-DISCIPLINARY PROCEDURES .............................................. 107 10.4 POST-DISCIPLINARY APPEAL PROCESS ....................................... 108 10.5 AMENDED NOTICE OF DISCIPLINARY ACTION .............................. 109 10.6 APPEAL HEARING PROCESS ...................................................... 109 GRIEVANCES .......................................................................... 113 11.1 MATTERS SUBJECT TO GRIEVANCE PROCEDURES ........................ 113 11.2 MATTERS NOT SUBJECT TO GRIEVANCE PROCEDURES ................. 113 11.3 FREEDOM FROM REPRISAL ........................................................ 114 11.4 RESOLUTION .......................................................................... 114 11.5 WITHDRAWAL ......................................................................... 114 11.6 RESUBMISSION ....................................................................... 114 11.7 EMPLOYEE REPRESENTATION .................................................... 114 11.8 OBEY NOW/GRIEVE LATER ........................................................ 114 11.9 INITIATION OF GRIEVANCE PROCEDURE ..................................... 115 11.10 INFORMAL GRIEVANCE PROCEDURE ........................................... 115 11.11 FORMAL GRIEVANCE PROCEDURE .............................................. 115                 169 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES Page v EMPLOYEE RECORDS AND FILES ................................................ 117 12.1 PERSONNEL FILES ................................................................... 117 12.2 DOCUMENTS IN PERSONNEL FILES ............................................ 117 12.3 DISCLOSURE OF INFORMATION ................................................. 117 12.4 CHANGE IN STATUS ................................................................. 118 13 BENEFITS ............................................................... 119 13.1 HEALTH, DENTAL, VISION AND LIFE INSURANCE BENEFITS ........... 119 13.2 CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT (COBRA) ................................................................................ 119 13.3 FLEXIBLE SPENDING PLAN ........................................................ 119 13.4 RETIREMENT ........................................................................... 120 13.5 UNUSED SICK LEAVE ELECTION ................................................. 120 13.6 EMPLOYEE FITNESS MEMBERSHIP SUBSIDY ................................ 120 13.7 COMPUTER LOAN PROGRAM ...................................................... 120 SECTION TRAINING AND TRAVEL ............................................................ 121 14.1 TRAINING ............................................................................... 121 14.2 IN-HOUSE TRAINING ............................................................... 121 14.3 DEPARTMENT TRAINING ........................................................... 121 14.4 SEMINARS AND CONFERENCES ................................................. 121 14.5 TRAVEL AND TRAINING REIMBURSEMENT ................................... 122 14.6 TUITION REIMBURSEMENT ........................................................ 122 14.7 EMPLOYEE TRAVEL AND EXPENSE POLICY ................................... 123 170 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES Page 6 SECTION 1 APPLICABILITY AND DEFINITIONS 1.1 PURPOSE The purpose of these Policies and Procedures (“Policies”) is to establish systematic and uniform procedures for administering personnel matters. 1.2 APPLICATION AND EXCEPTIONS These Policies shall apply to all Probationary and Regular Full-time and Part-time Employees appointed to allocated Positions in the service of the City with the exception of the following: A. Direct appointees of the City Council, including the City Manager and City Attorney; and B. Regular employees who have entered into a written employment agreement with the City, unless otherwise specified in the employment agreement. 1.3 VALIDITY OF POLICIES (SEVERABILITY) If any section, subsection, sentence, clause, phrase or portion of these Policies is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of these Policies. 1.4 VIOLATION OF POLICIES Violation of these Policies may be grounds for discharge or other disciplinary action, subject to the applicable due process and appeals procedure provided herein. 1.5 DEFINITION OF TERMS All words and terms used in these Policies and in any ordinance or any resolution dealing with these Policies shall be defined as they are normally and generally defined in the field of personnel administration. For the purpose of convenience, the following words and terms most commonly used are defined. 1.5.1 Appointing Authority: The City Manager who, in their official capacity, has the final authority to appoint a person to a position of employment. 1.5.2 Appointment: The designation of a person to fill an allocated position of employment as authorized by the Appointing Authority. 1.5.3 At-Will Employee: A temporary or Probationary Employee who has no property rights to employment and may be released with or without cause, or an individual who has a written contract specifying the duties and terms of employment. 1.5.4 Call-Back: When an Employee is off-duty and is called back to work. 171 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 7 1.5.5 City: The City of La Quinta, California. 1.5.6 City Manager: The City’s Chief Executive Officer. 1.5.7 Classification: A group of Positions with similar jobs at a similar level of responsibility. This is described by a Classification Specification. 1.5.8 Classification Plan: The framework that provides for the organization of the work necessary to achieve the City’s Human Resources management objectives. The plan includes Classification Specifications for all City Positions, as recommended by the Employee Relations Officer and adopted by the City Council, and facilitates other human resource functions such as recruitment and selection, pay structuring, training and development, performance evaluation, and workforce/employment planning. 1.5.9 Classification Specification: A general description of a class of work, typically including a general summary of the work, distinguishing characteristics of the class, essential duties of the class, the knowledge and skills required at entry to the class, and any licensing, educational or special physical requirements. 1.5.10 Compensatory Time Off (CTO): Time off with pay accrued at time and a half in lieu of paid overtime compensation. 1.5.11 Competitive Service: The employment system whereby City Employees are hired and promoted through a competitive process based upon objective standards of merit to assure fair consideration of all aspects of employment/promotion. 1.5.12 Confidential Employee: An Employee performing the duties of a position which is designated as “confidential” by the City Council. 1.5.13 Contractual Employee: An individual hired and paid pursuant to the terms and conditions of a specified written contract between such individual and the City, as approved by the City Council. 1.5.14 Days: Calendar days unless otherwise stated. 1.5.15 Decision Band Method (DBM): The job evaluation method chosen by the City for classifying Positions, based on the premise that the value of a job depends on its decision-making requirements. Each position is assigned to a Band, Grade and Subgrade, resulting in an alpha-numeric rating which determines the appropriate salary range for that position. 1.5.16 Demotion: The voluntary or involuntary transfer of an Employee from one classification to another classification with a lower salary grade or to a lower step in a classification grade or hierarchy of Positions. 1.5.17 Department Director: One who functions directly under the authority of the City Manager, has direct responsibility for a particular department, and manages its staff, policies and budget. 172 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 8 1.5.18 Disciplinary Action: Employment action taken for punitive, corrective or disciplinary reasons, including but not limited to discharge, demotion, reduction of pay, suspension, or the issuance of a written reprimand for punitive, corrective or disciplinary reasons. 1.5.19 Disciplinary Suspension: A disciplinary action that temporarily relieves an Employee from duty without pay. 1.5.20 Dismissal: The discharge of an Employee from City employment. 1.5.21 Eligibility List: A list of all persons eligible for appointment to a particular classification after final testing/interviews as determined by the Employee Relations Officer. 1.5.22 Emergency Appointment: An appointment made to meet immediate requirements of an emergency condition, such as fire, flood or earthquake, which threatens life or property, where such employment is not anticipated to continue beyond the duration of such an emergency period. 1.5.23 Employee: An appointed person occupying a probationary or regular allocated full- or part-time position in City employment, providing services to the City or its residents. 1.5.24 Employee Assistance Program (EAP): A confidential referral service designed to provide temporary assistance to Employees in resolving personal problems. 1.5.25 Employee Relations Officer: Any individual designated by the City Manager, to administer the City’s personnel system which includes the duties of equal employment opportunity officer. 1.5.26 Exceptional Performance Award: Exceptional Performance Awards are awarded based solely on performance that exceeds defined standards or expectations for incumbents in the job class. Exceptional Performance Awards are discretionary. 1.5.27 Executive Management: Department Directors and those who perform work and have assigned responsibilities which qualify for executive exemption under the Fair Labor Standards Act. 1.5.28 Fair Labor Standards Act (FLSA): The Federal Law which governs payment of minimum wages and the eligibility for and payment of overtime compensation. 1.5.29 Fiscal Year: A twelve (12)-month period which commences on July 1 and ends on June 30 of the following year in which the City plans, budgets, appropriates, expends, and accounts for its funds. 1.5.30 General Non-Exempt Employee: An Employee who is subject to the overtime provisions set forth in the FLSA. 173 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 9 1.5.31 Grievance: A job-related complaint by an Employee regarding the terms and conditions of employment which arise out of a specific fact, situation, or transaction, other than discipline, that results in an alleged violation of existing ordinances, rules, regulations or policies. 1.5.32 Hearing Officer: An objective, independent person qualified to conduct an appeal hearing on personnel-related matters, excluding grievances. 1.5.33 In-House Competitive Examination: A competitive employment examination open only to City Employees meeting the minimum qualifications for a particular classification. 1.5.34 Immediate Family Member: A spouse (including a lawfully married same sex spouse), registered domestic partner, child, step-child or child of registered domestic partner, parent, parent-in-law, brother, sister, stepbrother, stepsister, grandparent and grandchild. For purposes of Bereavement Leave only, Immediate Family Member will also include: aunt, uncle, niece, nephew, first cousin, son-in-law, daughter-in-law, brother-in-law, sister-in-law, or any other person or individual related by blood or marriage. 1.5.35 Interim Employee: An Employee who is appointed to a regular allocated position on an acting or temporary basis pending completion of the recruitment process, issuance of an eligibility list, and the filling of the vacancy. Interim appointments shall not exceed six (6) months, unless specifically approved by the City Manager. 1.5.36 Job Audit: A systematic analysis of the duties performed by, and the level and scope of responsibilities assigned to an Employee to determine whether the duties are appropriate for the Employee’s current job classification. 1.5.37 Leave of Absence Without Pay: A period of time during which an Employee may take time off without receiving compensation or benefits, unless otherwise specifically provided in these Policies. 1.5.38 Merit Salary Increase: The increase of an Employee’s salary within the salary range established for the classification to which the Employee is assigned, based upon successful job performance, as documented by the overall rating received on the annual performance evaluation. 1.5.39 Misconduct: Any act or unsatisfactory conduct or job performance which may be subject to disciplinary action. 1.5.40 Open Competitive Examination: A competitive employment examination open to all persons meeting the minimum qualifications for a particular classification. 1.5.41 Overtime: The time which an Employee is required or permitted to work which is in excess of forty (40) hours in any Workweek. Overtime 174 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 10 compensation may be in the form of pay or as Compensatory Time Off. All Overtime shall be authorized as provided in Section 7.2. 1.5.42 Part-time Employee: The City has three (3) categories of Part-time Employees: 1.5.42.1 Probationary Part-time Employee: A Part-time Employee during their initial twelve (12) months or promotional six (6) months appointed to an allocated Part-time position with a regular schedule of no more than 29 hours per week. 1.5.42.2 Regular Part-time Employee: An Employee appointed to an allocated Part-time position with a regular schedule of no more than 29 hours per week on a permanent basis, and is covered by the provisions of these Policies. 1.5.42.3 Temporary or Seasonal Employee: A temporary Employee, working in a temporary, at-will position with a specified beginning and ending date. In no instance will a temporary or seasonal Employee work more than 960 hours in a Fiscal Year. 1.5.43 Policies: These Personnel Policies and Procedures, as they may be amended from time to time. 1.5.44 Position: A specific position assigned to an adopted job classification in the City’s classification plan. 1.5.45 Probationary Employee: An Employee who is serving a probationary period in the position to which the Employee is currently appointed. A probationary Employee is subject to dismissal without recourse to any appeal procedures and without a showing of cause. A probationary Employee has no property interest in continuing employment. 1.5.46 Probationary Period (for initial hire or promotion): A working test period of not less than twelve (12) months from date of hire, and six (6) months for promotional appointments (unless extended). The probationary period starts the same day as the date of hire or promotion, (i.e., if hired January 15, the probation period expires on January 15 the following year. If promoted January 15, the Probationary Period expires July 15). The Probationary Period is considered an integral part of the examination process during which an Employee is required to demonstrate fitness for the position to which the Employee is appointed by actual performance of the duties of the position. 1.5.47 Professional/Administrative/Management Employee: An Employee who performs assigned work and responsibilities which qualify for the Professional, Administrative, or Management exemption under FLSA. 1.5.48 Promotion: The advancement of an Employee from one classification to another classification having a higher salary range. 175 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 11 1.5.49 Reclassification: The reassignment from one classification to a different classification in accordance with the procedures set forth in these Policies. 1.5.50 Reduction-In-Force (RIF): A reduction of allocated Positions which generally results in a layoff in the work force. 1.5.51 Regular Employee: A Full or Part-time Employee hired into an allocated position, who has successfully completed the required probationary period, and has been retained as provided in these Policies. 1.5.52 Regular Full-time Employee: An Employee who is appointed to a position allocated by the City Council and who is regularly scheduled and expected to work thirty (30) hours or more during a workweek. 1.5.53 Resignation: The voluntary separation initiated by an Employee to leave City employment, or abandonment of the job by Employee. 1.5.54 Salary Plan or Schedule: The listing of the minimum through maximum salary ranges and steps for all City classifications, as adopted by the City Council. 1.5.55 Salary Range: The approved range of pay an Employee can earn while employed in a particular classification. 1.5.56 Seniority: The length of an Employee’s continuous service as a Regular Full- or Part-time Employee with the City based upon date of hire. 1.5.57 Skelly Rights: The right of due process in conjunction with proposed disciplinary action, including provision of: (1) notice of the proposed disciplinary action, (2) a copy of materials on which the proposed action is based, and 3) an opportunity to respond orally or in writing to an impartial reviewer prior to discipline being imposed. 1.5.58 Staffing Plan: The classification titles, salary ranges and/or steps, and number of allocated Positions in each City department and division for a designated fiscal year, as adopted by City Council in the annual budget document. 1.5.59 Stand-By Assignment: A job assignment which requires an Employee to be ready and available to be called back to work during off-duty hours for a specified time period. 1.5.60 Standards of Conduct: Standards as set forth in these Policies and other departmental policies and procedures which are intended to govern the actions of City Employees during their course of employment with the City. 1.5.61 Step: The various increments of a salary range, from minimum to maximum, authorized for the subject classification. 176 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 12 1.5.62 Supervisor: An Employee assigned responsibility for the work performance of subordinate assigned Employees and for organizing, assigning, providing training for and evaluating the work of assigned subordinate Employees. 1.5.63 Termination: The separation of an Employee from City service because of retirement, resignation, permanent disability, death or dismissal. 1.5.64 Transfer: The transfer of an Employee from one position, department or division to another position, department or division without changing the Employee’s salary grade or classification. 1.5.65 Weapons: Firearms of any type; knives with folding blades in excess of 3-l/2 inches in length; sheath knives; any knives prohibited by State law; personal defense chemical weapons, such as (a) Mace (tear gas); (b) Oleoresin Capsicum (pepper spray); any martial arts weapons; electric stun guns (tasers); clubs, bats or other impact weapons. 1.5.66 Workweek: A regularly reoccurring period of seven (7) consecutive twenty-four (24)-hour days beginning at 12:01 a.m. on Saturday and concluding at 12:00 a.m. (Midnight) the following Friday night (or as defined in the Alternate Workweek Policy in Section 7.4 herein for those Employees participating in same). 1.5.67 Y-rate of Pay: The Y-rate of pay shall exist when an Employee’s salary is frozen at the then-current salary until such time as subsequent general salary increases, applied to the adopted Salary Range equal or exceed the Employee’s salary at the Y-rate. The Employee will not receive merit or performance-based salary increases. 177 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 13 SECTION 2 ADMINISTRATIVE POLICIES 2.1 ADMINISTRATION OF THE PERSONNEL SYSTEM The Employee Relations Officer shall administer the City personnel system and may delegate any of the powers and duties related thereto to any other officer or Employee of the City. The Employee Relations Officer shall: 2.1.1 Act as the appointing authority for all City Employees, except those officers and Employees directly appointed by the City Council. 2.1.2 Administer all of the provisions of these Policies, except as specifically reserved to the City Council. 2.1.3 Prepare and recommend to the City Council any appropriate Personnel Policies and revisions to such Policies. 2.1.4 Prepare or cause to be prepared, and revise as appropriate, a Position Classification and Compensation Plan, including classification specifications and associated salary ranges. 2.1.5 Have the authority to discharge and discipline City Employees in accordance with these Policies. 2.1.6 Provide for or oversee the publishing or posting of notices of examinations for position in the competitive service; conduct examinations to assess candidate qualifications; establish eligibility lists of all persons eligible for appointment to the appropriate Classification in the competitive service; and the performance of any other duty which may be desirable or required for the effective implementation of these Policies. 2.2 CONFLICTS OF INTEREST AND ACCEPTANCE OF GIFTS AND OTHER GRATUITIES Employees shall not take part in, or attempt in any manner to influence the consideration of any application, proceeding or other matter involving their own personal property, real estate, investment or other interest, or that of any relative or close personal acquaintance. In all such situations, the Employee must disclose the nature of the relationship to his or her immediate supervisor and request to be relieved of any responsibility or involvement which poses a conflict. Employees shall not directly or indirectly solicit any gift or receive any gift whether in the form of money, services, loan, travel, entertainment, hospitality, promise, or any other form under circumstances which it could reasonably be inferred the gift was intended to influence them or could be expected to influence them in the performance of their official duties, or was intended as a reward for any official action on their part. Gifts such as boxes of candy, flowers and food, may be viewed as exceptions provided they are of minimal value and do not exceed limits imposed by law for gifts to public employees. These gifts shall be given to the Human Resources department 178 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 14 for distribution based on a raffle of all employees. All financial disclosure laws and regulations must be complied with. 2.3 OUTSIDE EMPLOYMENT Employees shall not engage in any employment, enterprise, or outside activity which is in conflict with their duties, functions, responsibilities, or the department by which they are employed, nor shall Employees engage in any compensatory outside activity which will directly, or indirectly, contribute to the lessening of their effectiveness as Employees. 2.3.1 Authorization 2.3.1.1 Any Employee wishing to engage in outside employment or activity for compensation shall inform the Department Director of such desire, providing information as to the time required and the nature of such activity, and such other information as may be required; and the Department Director shall determine whether or not such activity is compatible with the Employee’s City employment. 2.3.1.2 If the Department Director determines such activity is compatible, they may authorize the activity in writing using the “Outside Employment Form” and shall send a copy to the City Manager or designee for approval and authorization. 2.3.1.3 Said authorization shall be valid only for the work and period prescribed therein. 2.4 POLITICAL ACTIVITIES No Employee shall engage in political activity during working hours (excluding break time) or on City premises where such activity would disrupt the workplace. Employees may engage in activities relating to an employee organization while on duty as agreed to and permitted by the City Manager, and/or as set forth in Federal or State law, a Memorandum of Understanding (“MOU”), or a City Council directive. 2.5 EQUAL EMPLOYMENT, DISCRIMINATION, HARASSMENT, AND ANTI- BULLYING POLICY The City prohibits any form of discrimination or harassment on the basis of membership in one or more protected categories as defined below, and as may be amended by State and Federal law. The City will NOT tolerate any unlawful harassment or discrimination in employment. Violation of this Policy may result in immediate Termination of employment. Protected categories include race, religion, color, sex (including gender, gender identity, gender expression, pregnancy, and breastfeeding), sexual orientation (including heterosexuality, homosexuality, and bisexuality), national origin, ancestry, marital status, age, medical condition, genetic characteristics or information, and physical or mental disability, or any other category protected by law. 179 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 15 The City, elected or appointed officials, officers, Employees, and contractors are prohibited from harassing or discriminating against applicants, officers, officials, Employees, or contractors because of: (1) an individual’s membership in a protected category; (2) the perception that an individual is a member of a protected category; or (3) the individual’s association with a person who is perceived to be a member of a protected category. This Policy applies to all terms and conditions of employment, including, but not limited to, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation, and training. Disciplinary Action or other appropriate sanctions up to and including Termination shall be instituted for prohibited behavior. Any form of retaliation against a person for filing a complaint or participating in the complaint resolution process is prohibited. Individuals found to be retaliating in violation of this Policy will be subject to appropriate sanctions or Disciplinary Action up to and including Termination. 2.5.1 Definitions 2.5.1.1 Harassment: Unwelcome conduct based on membership in a protected category that unreasonably interferes with an Employee’s job performance, or creates an intimidating, hostile or offensive work environment. Behavior that constitutes harassment may include, but is not limited to: a. Unwanted sexual advances, requests for sexual favors and other acts where submission is made a term or condition of employment, or where submission to or rejection of the conduct is used as the basis for employment decisions. b. Speech, such as epithets, derogatory comments or slurs, based on a protected category. This might include inappropriate comments on appearance, including dress or physical features, or dress consistent with gender identification, or race-oriented stories and jokes. c. Physical acts, such as assault, impeding or blocking movement, offensive touching, or any physical interference with normal work or movement. This includes pinching, grabbing, patting, propositioning, or leering. d. Visual acts, such as displaying derogatory posters or cartoons, or sending emails, pictures or drawings that are derogatory or sexually explicit. 2.5.1.2 Discrimination: Treatment or consideration of, or making a distinction in favor of or against, an applicant or Employee based on membership in a protected category. Discrimination in employment 180 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 16 applies to all aspects of employment, including hiring, firing, compensation, transfer, promotion or layoff, recruitment and testing, training and apprenticeship programs, fringe benefits, pay, retirement plans, and disability leave, as well as other terms and conditions of employment. 2.5.1.3 Retaliation: Any adverse conduct taken because an applicant, Employee, or contractor has reported harassment or discrimination, or has participated in the complaint and investigation process described herein, and is prohibited. “Adverse conduct” includes, but is not limited to: taking sides because an individual has reported harassment or discrimination, shunning and avoiding an individual who reports harassment or discrimination, real or implied threats of intimidation to prevent an individual from reporting harassment or discrimination, or taking negative employment action. 2.5.2 Policy Dissemination 2.5.2.1 All Employees shall be informed of the City’s harassment and discrimination policy and complaint process prior to their need to know, and on a regular biennial basis. Also, said policy and complaint process shall be readily available to all Employees, contractors and members of the general public utilizing the City’s facilities and services. All Employees of the City shall receive training on harassment and discrimination prevention in the workplace. 2.5.2.2 All new Employees shall be given a copy of the harassment and discrimination policy and complaint process upon hire. 2.5.2.3 Employees promoted into supervisory Positions shall be given another copy of the City’s harassment and discrimination policy, as well as training on the Supervisor’s role in preventing harassment and discrimination in the workplace. Such training shall meet the requirements of Assembly Bill No. 1825, as amended. 2.5.3 Complaint Process 2.5.3.1 An Employee, job applicant or contractor who believes they are a victim of harassment or discrimination may make a complaint verbally or in writing with an incumbent in any of the following City Positions without fear of reprisal. It is not necessary to follow the chain of command: Immediate Supervisor; Any Supervisor; Department Director or designee; or City Manager. 181 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 17 2.5.3.2 Any Supervisor who receives a complaint of harassment or discrimination shall notify the Department Director or designee immediately. 2.5.3.3 Upon receipt of notification of a harassment or discrimination complaint, in conjunction with Human Resources, the Department Director, City Manager or desingee shall: a. Authorize and supervise the timely investigation of the complaint and/or investigate the complaint. The investigation may include interviews with: (i) the complainant; (ii) the accused harasser, or the individual alleged to have committed discriminatory action(s); and (iii) other persons who have relevant knowledge concerning the allegations in the complaint. b. Review the factual information gathered through the investigation to determine whether the alleged conduct constitutes harassment, discrimination, or retaliation, giving consideration to all factual information, the totality of the circumstances, including the nature of the conduct, and the context in which the alleged incidents occurred. c. Report the findings as to whether harassment or discrimination occurred to appropriate persons, including the complainant. d. If the allegations are sustained, take appropriate immediate remedial action, including imposition of discipline at a level appropriate to the circumstances, and sufficiently severe to ensure that the behavior does not continue. If discipline is imposed, the level of discipline will not be communicated to the complainant. 2.5.3.4 The person initiating the complaint has the right to be accompanied by an advocate(s) when discussing alleged incidents, or participating in investigatory interviews. Said person shall be advised of this right prior to the commencement of such discussions. 2.5.3.5 The City takes a proactive approach to potential policy violations and will conduct an investigation of its Employees, Supervisors, managers, public officials, or board members if it becomes aware that harassment, discrimination, or retaliation may be occurring, regardless of whether the recipient or third party reports a potential violation. 2.5.3.6 Employees also may file complaints about sexual harassment or other illegal employment discrimination with the California Fair Employment and Housing Commission (San Francisco Office: 1390 Market Street, Suite 410, San Francisco, California 94102; Telephone: 415-557-2325), or with the California Department of Fair Employment and Housing online at https://ccrs.dfeh.ca.gov/ (San 182 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 18 Bernardino Office: 1845 S. Business Center Drive, #127, San Bernardino, California 92408-3426; Telephone: 909-383-4711). 2.5.4 Confidentiality 2.5.4.1 Every possible effort will be made to ensure the confidentiality of complaints made under this Policy. Complete confidentiality cannot be guaranteed, however, due to the need to fully investigate and the duty to take effective remedial action. As a result, confidentiality will be maintained to the extent possible. 2.5.4.2 An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by the Department Director or the City Manager. Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction. 2.5.4.3 The City will not disclose or release a completed investigation report except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or court order. 2.5.4.4 Anti-Bullying: Every Employee, public official and other individual, such as temporary agency workers, consultants, independent contractors and visitors, have the right to be treated with respect. Bullying is the use of verbal and/or physical aggression with the intention of intimidating or harming another individual. It can include any intentional written, visual, verbal, or physical act, when the act harms the individual or damages his or her property; has the effect of interfering with an Employee’s ability to work; is severe or pervasive; and/or creates an intimidating or threatening environment. Bullying occurs in many forms including, but not limited to, tormenting, taunting, making abusive comments, using threatening gestures, pushing, shoving, punching, unwanted physical contact or any use of violence, graffiti, name-calling, sarcasm, spreading rumors, and/or teasing, etc. Such conduct can also occur via use of electronic or telephonic communications, such as the internet, email and chat room misuse, mobile threats by text messaging or calls, or misuse of cameras and video equipment. 2.5.4.5 Any Employee who believes they have been the subject of bullying should bring the matter to the attention of the Employee’s Supervisor immediately, and provide a full and accurate report of the underlying facts. Where the Employee’s Supervisor is the alleged bully, the Employee should bring the matter to the attention of the Supervisor’s Superior. In all cases, Employees are free to report such problems directly to the City Manager or designee. Upon notification of a bullying complaint, the City Manager or designee shall promptly 183 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 19 conduct an investigation of the complaint and supervise and/or investigate the complaint and take action as deemed appropriate. 2.6 SMOKING POLICY Smoking is prohibited in all City facilities, all City vehicles and rolling stock. 2.6.1 Definitions As applicable to this policy: a. “City facilities” means any real property (land or structures) owned, leased, or operated by the City. “City facilities” also means any vehicles or equipment owned, leased, or operated by the City. b. “Enclosed spaces” means all enclosed and semi-enclosed areas, including: private offices, common work areas, meeting and conference rooms, lobbies, lounges, waiting areas, storage rooms, elevators, hallways, stairwells, rest rooms, lunch and break rooms, and covered parking lots. c. “Smoking” means inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or form. Smoking includes the use of an electronic smoking device that creates an aerosol or vapor in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking. 2.6.2 Smoking Prohibitions 2.6.2.1 Consistent with State law, smoking is prohibited for any City Employee and for any member of the public: (a) in any enclosed space of a City facility, or (b) within 20 feet of an entrance to (or exit from), or operable window of, an enclosed space of a City facility. 2.6.2.2 The City will take reasonable steps to prevent smoking by non- City Employees in an enclosed space of a City facility, consistent with State law, by: (a) requesting non-Employees to refrain from smoking, or (b) posting “NO SMOKING” signs at entrances to City facilities where non-Employees are allowed. 2.7 DRESS CODE All Employees shall dress professionally and in a manner appropriate for the duties performed in their Position. 2.8 USE OF ELECTRONIC EQUIPMENT AND SYSTEMS These Policies were created to ensure compliance with applicable law including, without limitation, the California Public Records Act (“PRA”); to protect the public 184 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 20 welfare; to regulate Employees’ electronic communications in the course of employment; to identify the circumstances when electronic communications must be preserved; and to support appropriate City business practices. 2.8.1 Definitions As applicable to this policy: 2.8.1.1 “City Accounts and Devices” includes all City owned, maintained, issued, or controlled communication accounts, email addresses, devices, cell phones, computers, media, social media, messengering services, and any other form of communication account or device. 2.8.1.2 “City Business” is to be given a broad interpretation in accordance with the California Public Records Act (“PRA”). Employees should consult the City Clerk’s Office or the City Attorney’s Office if any clarification is needed regarding whether a record pertains to City Business before deleting the record. 2.8.1.3 “City Records Email” refers to the City’s records retention repository email address. The City Records Email address may change over time, but it is currently: cityclerkmail@laquintaca.gov. 2.8.1.4 “Private Accounts and Devices” includes all communication accounts, email addresses, devices, cell phones, computers, media, social media, messengering services, and any other form of communication account or device not City owned, maintained, issued, or controlled. 2.8.2 Public Records In addition to all applicable Federal, State, and local laws and regulations, the following provisions shall apply to the use of personal accounts, devices, social media, and all other forms of media by Employees for communications regarding matters of City Business: 2.8.2.1 In general, all communications regarding City Business by Employees must be done on official City Accounts and Devices, such as the Employees’s assigned email address. In general, all communications regarding City Business by Employees that do not have assigned City Accounts and Devices must be done via a professional Business Account and Device. 2.8.2.2 Except in situations that are beyond the control of an Employee, all communications regarding City Business that are not from or to an official City Account and Device, or not otherwise exempt from disclosure under the PRA, need to carbon copy (“CC”) or blind carbon copy (“BCC”) the City Records email. 185 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 21 2.8.2.3 All communications and records regarding City Business—even on private accounts and devices—are public records. The owner of the private account and device containing the public records is the custodian of those records, and is subject to all laws applicable to custodians of public records. Possible forms of these public records include, but are not limited to, emails, text messages, voicemails, call logs, instant messenger communications, social media posts and communications, or any other form of communication. 2.8.2.4 Responsibility for maintaining custodianship of public records on private accounts and devices may be transferred to the City by emailing the record to the City Records email, and including a detailed description of the record in the body of the email. If a particular type of record cannot be easily forwarded to the City Records email, then screen shots adequately capturing the image of the record may be sent to the City Records email address; however, in such circumstances, the images must be clear and complete, and a detailed explanation of the record and the content of the record must be provided in the body of the email so that the record can be found in a relevant search. Failure to comply with these requirements will result in the individual remaining the custodian of the public record. 2.8.2.5 All public records on private accounts and devices must be retained unless custodianship has been transferred to the City in accordance with this Policy and the City’s Records Retention Schedule. 2.8.2.6 Upon leaving office or employment termination all Employees must provide a declaration in the form required by the City declaring that they have provided the Clerk’s Office with all records regarding City Business under the PRA within three days from employment end-day. 2.8.2.7 Failure to comply with the requirements of this Policy will result in discipline, including possible termination and/or public censorship. 2.8.2.8 These requirements are State law requirements, and they survive the Termination of any individual’s employment with the City. 2.8.2.9 Failure to comply with the custodianship requirements for public records in accordance with the PRA may result in personal liability, civil penalties, and criminal prosecution. Destruction of a public record is a felony pursuant to Government Code Section 6200. 2.8.3 Personal Use 2.8.3.1 Although limited and incidental personal use of electronic communications may be acceptable, these communication devices remain public property and are to be used for public purposes. Users may use City Business accounts and devices for incidental personal use that does not interfere or conflict with City Business or job performance during regular duty hours. Incidental means infrequent usage. 186 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 22 Personal use of the City’s Information Systems is at the users’ own risk and may be accessed, reviewed, copied, deleted or disclosed by the City. 2.8.3.2 Prohibited uses of City-provided communication equipment and software, or personal equipment used on City Business, include, but are not limited to, the following: a. Uses that violate any local, State, or Federal law; b. Uses violating any part of an MOU or City Policy; c. Uses relating to a user’s private commercial activities including, without limitation, advertising and consulting; d. Accessing and distributing computer games; e. Fundraising or public relations activities outside the scope of City Business; f. Political activities; g. Religious activities; h. Unauthorized access to systems, software or data; i. Creating or propagating viruses; j. Disrupting services; k. Intentionally destroying or damaging equipment, software, or data; l. Use of non-business software, e.g. entertainment software or applications; m. Threats; n. Harassment or bullying; o. Defamation; p. Slander; and q. Access to, or communication of, material or graphic images which are pornographic, violent, offensive, threatening, disturbing, obscene or profane. 2.8.3.3 Social networks and related electronic discussion groups are specialized resources on the internet for sharing information with other professionals. Employees are prohibited from publishing official positions or opinions of the City, or publishing statements which could be construed as positions or opinions of the City, via the internet, text or e-mail without prior authorization. All authorized participation in such forums must include the following disclaimer: “Views expressed by the author do not necessarily represent those of the City of La Quinta.” Failure to include the required disclaimer may result in revocation of access privileges. 2.8.4 Cell Phones Employees are not prohibited from carrying personal cell phones while at work, but must comply with the following requirements: 187 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 23 2.8.4.1 Employees should neither send nor receive personal calls, text messages, or e-mails during work hours, excluding break times and lunch periods. However, the City recognizes that at times it may be necessary for Employees to contact or be contacted by family members. The City also recognizes that extraordinary circumstances may require Employees to conduct personal business using their personal cell phone during working hours. Abuse of this privilege shall be considered a violation of this Policy. 2.8.4.2 Supervisors have the authority to restrict or prohibit use of personal cell phones at any time on-the-job when they believe such situations or use may create a distraction or safety hazard to the Employee, co-workers, contractors, and/or the general public. 2.8.4.3 Calls to 911 or other emergency calls on personal cell phones during work hours are permitted under this Policy. 2.8.4.4 The use and/or wearing of “Bluetooth” or “hands-free” personal cell phone devices is strictly prohibited during working hours, excluding break times and lunch periods. 2.8.4.5 Employees are not allowed to talk, email or text on a personal or City-owned cell phone while driving any vehicle, including City vehicles, while engaged in City Business. Use of a cell phone to make a call in other than a hands-free mode and texting or emailing in other than a hands-free mode while driving (including at a stop sign or stoplight) is prohibited by State law (Vehicle Code Section 23123.5). 2.8.4.6 Many personal cell phones have camera features. The camera features may not be used in the workplace unless for City Business. Camera phones can potentially violate the privacy of co-workers or be used to take pictures of confidential or sensitive documents. 2.8.5 Employee-Owned Cell Phones – Stipend Employees who hold Positions that include the need for a cell phone may request a cell phone stipend to compensate for City Business-related costs incurred when using their individually-owned cell phones. The City will not own or provide cell phones for the use of individual Employees except in limited situations (e.g., field services, code enforcement/animal control, on-call employees, select supervision, etc.). 2.8.5.1 Under the stipend program, the Employee is responsible for purchasing a cell phone and establishing a service contract with the cell phone service provider of their choice. The cell phone contract is in the name of the Employee, who is solely responsible for all payments to the service provider. 2.8.5.2 Because the cell phone is owned personally by the Employee the stipend provided is not considered taxable income and the Employee 188 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 24 may use the phone for both business and personal purposes, as needed. The Employee may, at their own expense, add extra services or equipment features, as desired. If there are problems with service, the Employee is expected to work directly with the carrier for resolution. 2.8.5.3 The City does not accept any liability for claims, charges or disputes between the service provider and the Employee. Use of the phone in any manner contrary to local, State, or Federal laws will constitute misuse, and will result in immediate termination. 2.8.5.4 Any cell phone that has data capabilities must be secured based on current security standards, including password protection and encryption. If a cell phone with data capabilities is stolen or missing, it must be reported to the Employee's supervisor, the wireless device service provider, and to the City’s IT Department as soon as possible. 2.8.5.5 Employees are expected to delete all City data from the cell phone when their employment with the City is terminated, except when required to maintain that data in compliance with a litigation hold notice or in accordance with the Public Records Act and Section 2.8.2 of these Policies. 2.8.5.6 Any stipend agreement will be immediately cancelled if: a. An Employee receiving a cell phone stipend terminates employment with the City; b. The Employee changes to a position within the City which no longer requires the use of a cell phone for City Business reasons; c. There is misuse/misconduct with the phone; d. A decision by management (unrelated to Employee misconduct) resulting in the need to end the program, or there is a change in the Employee's duties; or e. The Employee does not want to retain the current cell phone contract for personal purposes. 2.8.6 City-Owned Cell Phones Employees who are required to be readily available for a variety of City-related communications may be issued City-owned cell phones to conduct City Business. An Employee who believes they should have a City-owned cell phone should fill out a request and submit it to the Department Director, who has the authority to approve or disapprove the request. 2.8.6.1 The City retains the right to: (1) review the bills for City-owned cell phones, and (2) require payment from the Employee for all personal 189 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 25 calls in accordance with IRS regulations as they now exist, or as they may be amended in the future. 2.8.6.2 Employees issued a City-owned cell phone are responsible for properly caring for the equipment. 2.8.6.3 Employees are not allowed to install personal or other non- approved software or applications on City-owned cell phones, or to disable any software installed by the City, including virus protection systems. 2.8.6.4 All passwords or security codes must be protected and not given out to others. The City’s IT Department must be provided with all current passwords or security codes. 2.9 FRAUD IN THE WORKPLACE POLICY The City is committed to protecting its assets against the risk of loss or misuse. Accordingly, it is the Policy of the City to identify and promptly investigate any possibility of fraudulent or related dishonest activities against the City and, when appropriate, to pursue legal remedies available under the law. 2.9.1 “Fraud” is defined as an intentional deception, misappropriation of resources or the manipulation of data to gain financial or other benefits. Fraud and other similar improprieties include, but are not limited to: a. Claim for reimbursement of expenses that are not made for the exclusive benefit of the City; b. Forgery or alteration of documents (checks, promissory notes, time sheets, independent contractor agreements, purchase orders, etc.); c. Misappropriation of City assets (funds, securities, supplies, furniture, equipment, etc.); d. Improprieties in the handling or reporting of money transactions; e. Authorizing or receiving payment for goods not received or services not performed; f. Misrepresentation of information on documents; or g. Computer-related activity involving unauthorized alteration, destruction, forgery, or manipulation of data or misappropriation of City- owned software. 2.9.2 It is the City’s intent to fully investigate any suspected acts of fraud, misappropriation, or other similar irregularity. An objective and impartial investigation will be conducted regardless of the Employee’s position, title, and length of service or relationship with the City. 190 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 26 2.9.3 Each department of the City is responsible for instituting and maintaining a system of internal controls to provide reasonable assurance for the prevention and detection of fraud, misappropriation, and other irregularities. Management should be familiar with the types of improprieties that might occur within their areas of responsibility and be alert for any indications of such misconduct. 2.9.4 The City Manager or designee, in conjunction with the City Attorney, has the primary responsibility for the investigation of all Fraud as defined in this Policy. 2.9.5 Employees will be granted whistle-blower protection when reporting any acts of suspected Fraud in accordance with this Policy. When informed of a suspected impropriety, neither the City nor any person acting on behalf of the City shall: a. Dismiss or threaten to dismiss the reporting Employee; b. Discipline, suspend, or threaten to discipline or suspend the reporting Employee; c. Impose any penalty upon the reporting Employee; or d. Intimidate or coerce the reporting Employee. 2.9.6 The City will pursue every reasonable effort, including court-ordered restitution, to obtain recovery of City losses from the offender, or other appropriate sources. 2.10 PROHIBITED RELATIONSHIPS This policy serves to uphold the City’s high standards of professional and ethical conduct, specifically with respect to Employee interpersonal relationships. The intent of this policy is to provide assurance that all Employees work in an environment where they can be objectively supervised and evaluated. 2.10.1 This policy defines the types of Employee interpersonal relationships that by their very existence create an inherent conflict of interest that affects an Employee’s ability to be objectively supervised or evaluated. This policy also proscribes specified conduct with respect to Employee interpersonal relationships and provides for disciplinary action for violations of this policy. 2.10.2 Definitions 2.10.2.1 Amorous Relationship. An Amorous Relationship exists when, without the benefit of marriage, two persons voluntarily have a sexual union or are engaged in a romantic courtship (e.g., dating or engaged to be married) that may or may not have been consummated sexually. 2.10.2.2 Familial Relationship. A Familial Relationship is a relationship between two related persons. For purposes of this policy, “related persons” includes: 191 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 27 a. Grandparent, b. Parent, c. Spouse (includes domestic partner), d. Child, e. Aunt or uncle, f. First cousin by marriage, adoption or blood, g. Anyone living in the same household or whose relationship is so closely identified with another as to suggest a conflict, or h. Ex-, Step-, Half-, and In-Law relationships as appropriate based on the above list. 2.10.2.3 The prohibitions in this policy applicable to Familial Relationships or Amorous Relationships shall continue after the termination of the relationship (i.e., divorce) until such time as there is no effect upon impartiality. 2.10.2.4 Employment Decision. A decision that includes, but is not limited to, one relating to: a. Establishing the terms and conditions of employment, b. Determining compensation, c. Evaluating work performance, d. Considering assignments, appointments, promotions, e. Issuing disciplinary action, f. Instructing or advising, g. Any other action that assesses, determines, or influences work performance, career progress, or other employment status. 2.10.2.5 Undue Influence. A situation in which an individual is able to persuade another’s decisions due to the relationship between the two parties. 2.10.3 Prohibited Conduct - Employment Decisions A City Employee shall not have or share authority for employment decisions or exert undue influence on employment decisions for an Employee with whom the individual has or has had an Amorous or Familial Relationship. 2.10.4 Duty to Disclose All actual or potential conflicts of interest created by an Amorous or Familial Relationship as defined in this policy shall be disclosed to the Employee Relations Officer, or to the City Manager when a Department Manager is involved, in order to avoid a potential violation of this policy. A potential conflict of interest for the City Manager under these circumstances shall be disclosed to the City Attorney. 2.10.4.1 New Employee 192 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 28 Upon hire, all new Employees have a duty to disclose any actual or potential conflicts of interest created by an Amorous or Familial Relationship as defined in this policy by contacting the Department of Human Resources and/or the City Manager when a Department Manager is involved. 2.10.4.2 Change in Status A change in an Employee’s status (e.g., employment, or personal relationship) that would establish an actual or potential violation of this policy (where one did not exist previously) creates a duty to disclose the actual or potential conflict of interest by contacting the Department of Human Resources and City Manager when a Department Manager is involved. For example, an employment action (e.g., new hire, promotion, position reclassification, reassignment of job responsibilities) or a decision of two Employees to begin dating may result in a potential violation of policy as described in section 2.10.3. 2.10.4.3 Failure to disclose an actual or potential conflict of interest or failure to disclose in a timely manner shall constitute a violation of this policy. 2.10.5 Conflict Management Plan Upon appropriate disclosure pursuant to section 2.10.4 and where determined to be appropriate, Human Resources, or the City Manager when a Department Head is involved, will oversee the development, approval and monitoring of a conflict management plan to avoid a violation of this Policy. Conflict management plans will be reviewed and approved by the above-mentioned offices as well as the City Attorney. Failure to adhere to an approved conflict management plan shall constitute a violation of this Policy. 2.10.6 Disciplinary Action Employees who violate this Policy will be subject to disciplinary action up to and including dismissal. Such disciplinary action shall be conducted in accordance with existing City policies and procedures. 193 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES Page 29 SECTION 3 CLASSIFICATION AND COMPENSATION The purpose of the City’s Classification Plan is to provide an orderly inventory and appraisal of Positions in the City service. The Classification Plan shall be used in determining lines of promotion and in developing Employee training programs. Additionally, the Plan shall be used in conducting wage surveys and as a basis for determining the pay range for each Classification. The City desires to recruit and retain individuals who are customer service oriented, demonstrate initiative, are team players, and accept responsibility, authority and accountability for work performance. Once employed, the City believes that incentives are critical if the Employees are to be successful in achieving the mission, goals and objectives of the City. 3.1 PREPARATION AND AMENDMENT OF CLASSIFICATION PLAN 3.1.1 The Classification Plan defines the general scope and complexity of the work required and facilitates internal equity across all jobs within all departments of the City. The goal is to establish a classification structure with broadly defined classes that reflect meaningful and measurable differences in the level of work within each classification but maintains the flexibility necessary for Employee growth and efficient management. 3.1.2 The Employee Relations Officer shall determine the duties and responsibilities of all City Positions for inclusion in the Classification Plan. The Classification Plan shall be developed and maintained so as to ensure to the fullest extent possible that all Positions which are substantially similar with respect to duties, responsibilities, authority and character of work, are included within the same classification, and the same schedules of compensation shall apply to all Positions in the same classification. Classification specifications are explanatory, but not restrictive. The listing of particular tasks shall not preclude the assignment of other related kinds of tasks or related jobs requiring lesser skills. The Classification Plan shall be adopted by a resolution of the City Council. 3.2 ALLOCATED POSITIONS 3.2.1 The City Manager or designee shall approve the appointment of Employees to Positions in the Classification Plan. 3.2.2 Only allocated Positions which have been approved by City Council may be filled, provided that the following Positions can be approved by the City Manager without prior City Council approval: (1) temporary/interim; and (2) emergency. 194 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 30 3.3 APPOINTMENT TO NEW POSITIONS No person shall be appointed or employed to fill a new the position prior to the position’s assignment to the City’s Classification Plan, unless otherwise provided by these Policies. The City Manager, or designee, shall amend existing working titles and duties in the Classification Plan without changing the classification itself. City Council approval shall be required to establish and assign a new classification to the Classification Plan, and when there is a rating change of any established classification. This section does not allow, and shall not be construed as allowing, the City Manager, or designee, to approve reclassifications without City Council approval. 3.4 CLASSIFICATION SPECIFICATIONS Classification Specifications shall describe the knowledge, skills, abilities, education, experience, sample duties and other minimum qualifications required for successful performance of the duties assigned to incumbents in the Classification. The Employee Relations Officer shall maintain a list of all City Council-approved Classification Specifications. All Classification Specifications shall be open for inspection in Human Resources by an Employee or the public under reasonable conditions during business hours subject to the availability of the Employee Relations Officer. 3.5 PREPARATION AND ADOPTION OF COMPENSATION PLAN The goal of the compensation plan is to attract and retain qualified candidates for City employment. The compensation plan reflects both internal equity and external parity within the various relevant labor markets in which the City competes. The system also recognizes and rewards Employee performance within an established framework. The Employee Relations Officer shall prepare a Salary Plan that establishes the minimum through maximum Salary Range for all City Classifications and shall submit the Salary Plan to the City Council for its approval. The Employee Relations Officer shall also establish a competitive Employee benefit plan, subject to the meet and confer process. The Salary and Benefit Plans shall be adopted by a resolution of the City Council. Following the meet and confer process with the La Quinta City Employee’ Association, the Salary Plan shall be amended or revised by adoption of a resolution of the City Council. 195 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES Page 31 SECTION 4 TYPES OF APPOINTMENTS 4.1 PROBATIONARY APPOINTMENTS All initial appointments made to a vacant Regular Full- or Part-time Position shall be probationary for twelve (12) months from the effective date of the appointment. Promotional appointments shall be probationary for six (6) months from the effective date of the promotional appointment. As necessary, the Probationary Period for both initial and promotional appointments can be extended for a period of up to six (6) months if the Department Director or designee determines that there were circumstances that prevented the evaluation of the Employee’s performance during the initial probationary period. In the case of such an extension, the Probationary Employee shall be given notice in writing prior to the expiration of the original Probationary Period. 4.1.1 Initial Probationary Employees are eligible to use accrued paid leave (sick leave, vacation and bereavement leave) after the first (3) months. A promotional probation does not impact an Employee’s eligibility for leave. 4.1.2 The Probationary Period shall be regarded as part of the testing process and shall be utilized for closely observing the Employee’s work to determine the Employee’s fitness for the position. A Probationary Employee must demonstrate satisfactory performance in order to achieve regular status. 4.1.3 Periods of time on paid or unpaid leave shall automatically extend the Probationary Period by that number of days the Employee is on leave. 4.1.4 Probationary Employees are at-will, and may be released without cause and without right of appeal. 4.2 REGULAR FULL-TIME AND REGULAR PART-TIME APPOINTMENT Upon successful completion of the Probationary Period, Employees shall move to regular status with the City, and shall be eligible for the benefits and protections of that designation. 4.3 EMERGENCY APPOINTMENTS 4.3.1 To meet immediate requirements of an emergency condition which threatens life or property, the City Manager may create temporary Positions and employ such persons as temporary Employees as may be needed for the duration of the emergency. Temporary Employees are at-will. 4.3.2 The salary established for temporary Emergency Positions shall be compensated at an appropriate hourly rate as approved by the City Manager. 4.4 INTERIM APPOINTMENTS If deemed to be in the best interests of the City, the City Manager or designee may authorize and approve an interim appointment in order to fill either a temporary (i.e. 196 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 32 a maternity or military leave) or regular (i.e. an Employee’s long-term absence, resignation or termination) vacancy. If the position being filled on an interim basis would normally require City Council approval (i.e. City Manager), the City Council shall authorize the interim appointment. 4.4.1 An interim appointment may be authorized for a period not to exceed six (6) months from the date of that appointment. Under unusual circumstances, the City Manager may authorize an additional (6) months extension for an interim appointment. In no instance shall an interim appointment exceed twelve (12) months. All Interim employees must meet the minimum qualifications of the vacant position. 4.4.2 A Regular Employee may be assigned to a classification which is equal to or higher than the Employee’s regular classification on a temporary interim basis as long as the Employee meets the minimum requirements for such assignment. During the interim appointment period, the Employee will be assigned the title of the interim classification, at a salary that is at least five percent (5%) higher than the current salary of the Employee’s regular classification, for the duration of the interim appointment if the interim Classification is a higher grade. A Regular Employee assigned to an interim classification which is not represented by the La Quinta City Employees’ Association will have their membership suspended during the term of the interim appointment. 4.4.3 While serving in an interim capacity, a Regular Employee shall receive any benefits of the interim classification which are over and above the Employee’s regular benefits. If an Employee receiving overtime benefits is assigned to an interim classification and performs work which is exempt from the FLSA, the Employee shall not receive overtime pay for the duration of the interim period. The Employee shall receive the prorated Administrative Leave benefits of the interim classification. A Regular Employee, in an interim Classification, shall continue to accrue Seniority in their regular Classification and shall be eligible to receive merit increases in the regular position. 4.4.4 Interim appointments shall not be construed to create or imply any right of any Employee to be permanently appointed to the job classification position that the Employee is filling on an interim basis. At the expiration of any interim appointment, the Employee shall return to their regular job classification and shall also return to the rate of pay which corresponds to the regular classification as if the Employee never left the classification. 4.5 “WORKING OUT OF CLASS” When an Employee is assigned to significant duties and responsibilities of an authorized job Classification with a higher Salary Range on a full-time basis for more than twenty-five (25) consecutive working days (which includes each “regular day off” for Employees participating in the Alternate Workweek Schedule) or more than fifty (50) working days in a twelve (12)-month period, a temporary salary adjustment shall be made to the higher Salary Range at a salary step within that range that 197 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 33 achieves a 5% increase until the Employee ceases to perform such out-of-class work. It is the City’s intent to avoid working an Employee on an out-of-class assignment for a prolonged period. 4.5.1 An Employee who believes that they have worked out-of-class for more than twenty five (25) consecutive working days or more than fifty (50) working days in a twelve (12) month period may submit a written request for an out-of-class pay adjustment to the Department Director within ten (10) working days after the Employee has allegedly qualified for the out-of-class pay adjustment. The Department Director shall review the request and forward a recommendation thereon to the Employee Relations Officer within five (5) working days after completing a review of the request. The Employee Relations Officer shall render a decision thereon within five (5) working days after receipt of the Department Director’s recommendation. 4.5.2 If the Employee Relations Officer determines that the Employee has been working out-of-class for more than twenty-five (25) consecutive working days, the Employee will be paid out-of-class pay effective on the 26th day and for each successive day the Employee works out-of-class. 4.5.3 If the Employee Relations Officer determines that the Employee has been working out-of-class for more than fifty (50) working days within any twelve (12)-month period, the Employee will be paid out-of-class pay effective on the 51st day during the twelve (12) month period in which the Employee works out-of-class and for each successive day. 4.5.4 Nothing herein shall be construed as limiting management’s authority to assign City Employees temporarily to different or additional work duties and responsibilities for the purpose of responding to emergencies. Temporary assignment, while responding to an emergency, will be for no more than three (3) months’ duration, but may be extended for an additional three (3) months with Employee Relations Officer approval. 4.6 TRANSFER An Employee may seek a voluntary Transfer from the present Position to a vacant Position in the same Classification within the same department or in another department. For purposes of this Section, a comparable Classification is defined as one with the same Salary Range which involves the performance of similar duties that require substantially the same general qualifications. A transferred Employee shall retain their rate of pay and anniversary date for purposes of leave accruals. 4.6.1 The Employee Relations Officer is under no obligation to notify Employees of each potential Transfer opportunity. Once the Transfer request is received by the Employee Relations Officer, the Employee Relations Officer shall inform the Department Director of the request. The transfer must be approved, in writing, by the Department Director and Employee Relations Officer. 198 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 34 4.6.2 Unless otherwise provided for in these Policies, an Employee must be employed with the City for at least twelve (12) months, or until the Employee has completed their probationary period, before applying for a transfer. The implementation of the transfer may be delayed until the Position being vacated is filled. Generally, a two-week notice will be given to the Employee’s current department. 4.6.3 A request for transfer to a vacant Position may be initiated by an Employee or the Employee’s Department Director. The Employee Relations Officer may order a transfer for the purposes of economy, efficiency, or for reasons related to the best interests of the City. Such a determination by the Empoyee Relations Officer shall not require the consent of the Employee or the Department Director. 4.6.4 No Employee shall be transferred to a Position for which the Employee does not possess the minimum qualifications. A transfer shall not be used to effect a promotion, advancement, a non-disciplinary demotion, or reduction in pay. An Employee who transfers to a lower position may be Y-rated. 4.7 PROMOTION When it has been determined by the City that a vacant Position will be filled by promotional appointment, the Employee Relations Officer shall authorize a competitive promotional examination in order to fill the Position, as set forth in these Policies. 4.7.1 When an Employee is appointed to a promotional position, that Employee shall be paid the salary in the higher Salary Range which is at least five percent (5%) higher than the salary they received in the lower range. Any Employee who is promoted within City service shall be required to successfully complete a six (6) month Probationary Period in the new position. If the Employee does not successfully complete the probationary period and the Employee’s former Position is still vacant, the Department Director may recommend that the Employee be reinstated to the former position. This reinstatement must be approved by the Employee Relations Officer. If the Employee’s former position is not vacant, the Employee may be appointed to a position of the same classification in a different department with the recommendation of the Department Director and approval by the Employee Relations Officer. If no vacancy exists, the Employee will be released from City employment. 4.7.2 In the event a position is eliminated and replaced with a higher range position, the City agrees to first consider Employees in the lower range positions. However, if after due consideration of existing Employees, the City determines that no Employee is qualified for promotion, the City retains the right to conduct outside recruitment. 199 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 35 4.8 DEMOTION An Employee may be demoted because the Employee’s ability to perform the required duties of their Position falls below standard, for disciplinary purposes, or for any other reasons as outlined in these Policies. No Employee shall be demoted to a Position for which the Employee does not possess the minimum qualifications. 4.8.1 An Employee shall not be required to serve a Probationary Period in the Position to which the Employee is demoted unless the Employee has not competed the Probationary Period in the higher Position. In such cases, the Employee shall be required to complete their unfinished Probationary Period in the lower Position. 4.8.2 Involuntary Demotion. An involuntarily demoted Employee, who is placed in a Position at a lower salary than the Position the Employee formerly occupied, shall be placed at the salary which is closest to, but lower than, the Employee’s salary rate in the Employee’s former Position. A Demotion which is effected for disciplinary reasons, pursuant to Section 10 of these Policies, shall be subject to the disciplinary appeals process. 4.8.3 Voluntary Demotion: A voluntary Demotion to a lower position and lower salary may be requested by an Employee for any reason. Such a voluntary Demotion shall require the approval of the City Manager or designee, Employee’s present Department Director, and the Department Director under whom the Employee will serve, if applicable. 4.8.4 The voluntarily demoted Employee shall be placed in the salary which is closest to, but not lower than, the Employee’s salary rate in the Employee’s former Position. In lieu of a reduction in salary, the City Manager or designee may approve a Y-rated salary for a voluntarily demoted Employee. 4.9 RECLASSIFICATION An Employee who believes that they have been assigned duties and responsibilities which fall outside of the classification to which they are appointed may request a Classification audit. The audit shall ascertain, using the Decision Banding Method, whether the level and scope of assigned responsibilities are of sufficient duration and significant variance from the currently assigned Classification to warrant a Reclassification to a higher Classification within the Classification Plan. Regardless of the circumstances, the Employee must demonstrate possession of the minimum qualifications of the higher Classification prior to being reclassified. Additionally, the City Manager or designee may require a competitive examination prior to approving a Reclassification. No Employee shall be reclassified unless the said proposed reclassified Position has been incorporated in the Classification Plan and approved by City Council, as provided by these Policies. 4.9.1 The Employee or Department Director may submit a request for a job classification audit. The Employee’s supervisor may submit a request for a Classification audit for the Employee, with the approval of the Department 200 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 36 Director. All such classification audit requests shall be submitted to the City Manager or designee, who shall determine if the Classification audit is justified. 4.9.2 The Employee Relations Officer will respond to requests for a Classification audit, and will assist with the revision of Classification Specifications and/or development of new Classification Specifications, as necessary to meet the ongoing operational requirements of the City. 4.9.3 Reclassification shall not be used for the purpose of avoiding restrictions concerning demotions, promotions, or unit modifications, or to accomplish staffing plan changes outside of the formal budgetary process. 4.9.4 Upon Reclassification, the salary of an Employee shall be determined as follows: a. Reclassification with Lower Salary Range: If the Employee is reclassified to a Classification with a lower salary range than the previous Classification, the Employee Relations Officer may approve a Y-rate salary for the Employee if the Employee is at or above the job rate of the salary range. If a salary Y-rate is not approved, the Employee’s new salary at the lower salary range shall be placed at a salary rate which yields a salary closest to the current salary, but in no case shall such salary exceed the top of the lower salary range. b. Reclassification with Same Salary Range: If the Employee is reclassified to a Classification with the same salary range as the previous Classification, the salary rate of the Employee shall not change. This provision shall also apply to the change of Classification title, provided there is no change in the basic duties of the Classification. c. Reclassification with Higher Salary Range: If the position is reclassified to a Classification with a higher Salary Range than the previous Classification, the Employee shall be compensated at the salary in the new Salary Range which is at least equivalent to an advancement of a full Step over the Step the Employee held in the previous Salary Range, but in no case shall such salary exceed the top salary Step of the higher Classification. 4.9.5 The effective date of reclassification shall coincide with the first working day of a pay period after the reclassification is approved by the Employee Relations Officer and the new Classification is adopted by City Council. 4.10 TEMPORARY ASSIGNMENT PAY Temporary Assignment Pay allows for temporary increases in pay beyond an Employee’s base rate of pay when duties performed by the Employee support such additional pay for specific periods of time. 201 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES Page 37 4.10.1 Increases in pay may be granted to recognize the temporary assignment requiring a greater level of skill and/or responsibility. “Temporary assignment” shall mean a period of six months or less. Requests for temporary assignment compensation may be initiated by the Department Director or designee. Employees directed to temporarily perform higher level duties shall be entitled to a salary rate increase equivalent to one Step within their existing range. Eligibility for Temporary Assignment Pay includes: a.The recommendation of the Department Director that the Employee is temporarily performing duties requiring a higher level of skill and/or responsibility outside the scope of their current classification. Such recommendation shall document the reason(s) the assignment of these duties is necessary to departmental operations and the proposed timeframe for such assignment, and is to be submitted to the Employee Relations Officer in writing; b.The approval of the City Manager or designee is required prior to awarding Temporary Assignment Pay; and c.Such assignment shall be temporary and will not exceed six (6) months in duration. 4.10.2 Temporary Assignment pay will not affect an Employee’s merit increases pursuant to Section 6.5 of these Policies. 4.11 LAYOFFS/REDUCTION-IN-FORCE/RECALL Subject to City Council approval, the Employee Relations Officer may lay off City Employees at any time based upon: (1) lack of work; (2) budgetary reasons; (3) elimination of programs; or (4) elimination of services, following the procedures set forth below. 4.11.1 Reduction-in-Force (RIF). When it becomes necessary to reduce the work force in the City, the Employee Relations Officer shall designate the Classification, division, department, or other organizational unit to be reduced in order to effect a reduction in the work force. Part-time or Probationary Employees in the same Classification as ones proposed to be reduced within the City shall be laid off first. Although the Employee Relations Officer may elect to do so, they are not required to allow laid off Employees to “bump” Employees in other City Classifications in which the Employee has previously successfully held a position in accordance with the “Order of Layoff” set forth below. 4.11.2 At least two (2) weeks written notice shall be given to any Employee who is to be laid off. If less than two weeks’ notice is provided, the Employee will be paid for the difference between the date of layoff and two weeks. 4.11.3 Order of Layoff. The order of layoff of regular Employees shall be made in accordance with a system which favors retention of the more 202 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 38 meritorious Employees, based upon evaluation of the following factors in the listed order of importance: a. The two most recent annual performance evaluation records as finalized and/or filed in Human Resources, except when an Employee has less than two years of service with the City. In that case, only one performance evaluation will be used; b. Documents of Disciplinary Actions during the preceding twenty- four (24) months; and c. Seniority (length of service in a career Position): i. in the City; and ii. in the Classification; and iii. in the department. 4.11.4 Order of Layoff Protocol 4.11.4.1 Performance a. Comparisons will be based on the overall performance rating for each Employee; b. Rating order (i.e., better in 2017 than 2018) will carry no significance or weight; c. If two Employees are rated by different Supervisors in different departments, their evaluations will be deemed equivalent; and d. For purposes of determining layoffs, any Disciplinary Action in an Employee’s file will then become the primary determinant, followed by seniority, if necessary. 4.11.4.2 Seniority a. Seniority is determined from the date of hire. b. Seniority shall include periods of vacation, sick leave, layoff not exceeding two (2) years, any authorized leave of absence of less than three (3) months, or any call to military service for the duration of the call to duty. Seniority shall not include any other break in continuous service, unless required by law. 4.11.4.3 Bumping Rights a. Employees in Classifications identified for elimination will be laid off based on the application of the criteria outlined in the Order of Layoff. 203 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 39 b. Any probationary promotional Employee subject to lay off shall, if applicable, be allowed to return to their former classification in lieu of layoff. Employees who accept lower Positions or transfers in lieu of layoff shall be placed at a salary range and step which yields a salary closest to existing salary at the time of the giving of notice of layoff. 4.11.4.4 Recall List a. The name of every regular Employee who is laid off, transferred or demoted to a Classification due to a Reduction-in- Force shall be placed on a Recall List maintained by the Employee Relations Officer. Vacancies to be filled shall be offered, first in order of performance, to individuals named on the Recall List who, at the time of the Reduction-in-Force, held a Position in the same job Classification within the department as the vacancy to be filled. b. Individual names may be removed from the Recall List by the Employee Relations Officer for any of the following reasons: i. The expiration of two (2) years from the date of placement on the list; ii. Reemployment with the City in a Regular Full-time Position in a department other than that from which the Employee was laid off; iii. Failure to respond within fourteen (14) calendar days of mailing of a certified letter to the last known address regarding availability for employment; iv. Failure to report to work within fourteen (14) calendar days of mailing of a certified letter containing a notice of reinstatement to a Position, absent mitigating circumstances; v. Notice in writing to the Employee Relations Officer that the individual does not wish to be reemployed by the City; or vi. If the eligible person does not accept an offered Position. 4.11.5 Status on Reemployment. A regular Employee who has been laid off or terminates in lieu of reassignment and is reemployed in a regular Position within two (2) years from the date of their layoff or Termination shall be entitled to: 204 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 40 a. Buy-back and restoration of all vacation leave credited to the Employee’s account on the date of layoff or Termination and at the same rate as it was paid at separation due to layoff. This restoration must be requested in writing within thirty (30) days of returning to work, and must be fully paid back within six (6) months of the return to work; b. Restoration of accrued and unused sick leave balances in place at the time of layoff. If the sick leave balance was cashed-out upon layoff, the Employee may buy-back and restore all sick leave credit available on the day of lay off at the same rate is was paid at separation due to layoff; c. Restoration of Seniority accrued prior to and during layoff; d. Credit for all service prior to payoff for the purpose of determining the rate of accrual of vacation leave; and e. Placement in the Salary Range as if the Employee had been on a leave of absence without pay if they are reinstated to the same Classification in the same department from which they were laid off or terminated. Continuation of Benefits: An Employee who is laid off shall have City contribution to their medical insurance benefits continued to the first day of the second month following the date of their layoff. 205 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES Page 41 SECTION 5 RECRUITMENT AND SELECTION 5.1 EQUAL EMPLOYMENT GOALS AND POLICIES In adopting these Policies, it is the goal of the City to employ the most qualified individuals and to achieve excellence in meeting the needs of the community. 5.1.1 It is the City’s policy to provide equal employment opportunity to all applicants and Employees in accordance with applicable equal opportunity laws, directives and regulations of Federal, State and local governing bodies and agencies thereof. The City will base all of its employment decisions on job- related standards and its commitment to equal employment opportunity, and will employ, retain, train, promote, terminate and otherwise treat any and all Employees and job applicants on the basis of merit, qualifications, and competence. 5.1.2 The City does not discriminate against its Employees or applicants on the basis of race, religion, color, sex (including gender, gender identity, gender expression, pregnancy, and breastfeeding), sexual orientation (including heterosexuality, homosexuality, and bisexuality), national origin, ancestry, marital status, age, medical condition, genetic characteristics or information, and physical or mental disability, or any other category protected by law. 5.1.3 Non-Discrimination/Equal Opportunity applies in all areas of City operations, including recruitment, hiring, promotion, compensation, benefits, work assignments, performance evaluation, Disciplinary Actions, layoffs, and Employee development, along with City educational, social, and recreational programs. 5.1.4 Reasonable Accommodation 5.1.4.1 The City provides employment-related reasonable accommodations to qualified individuals with disabilities within the meaning of the California Fair Employment and Housing Act and the Americans with Disabilities Act. 5.1.4.2 An otherwise qualified candidate for employment who needs a reasonable accommodation to participate in a selection process should make such a request, preferably in writing, to the City Manager or designee. The request should identify: (a) the presence of a disability as set forth in the California Fair Employment and Housing Act and/or the Americans with Disabilities Act, (b) the element(s) of the selection process for which an accommodation is requested, and (c) the requested accommodation. 5.1.4.3 An Employee seeking a reasonable accommodation to perform the essential job functions of their job should make such a request, preferably in writing, to the City Manager or designee. The request 206 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 42 should identify: (a) the job-related functions at issue; and (b) the desired accommodation(s). 5.1.4.4 Following receipt of a request for accommodation, the City Manager or designee may require additional information, such as reasonable documentation of the existence of a disability. 5.1.4.5 The City may require an Employee to undergo a fitness for duty examination at the City’s expense to determine whether the Employee can perform the essential functions of the job with or without reasonable accommodation. The City may also require that a City-approved physician conduct the examination. 5.1.4.6 After receipt of reasonable documentation of a disability and/or a fitness for duty report, the City Manager or designee will arrange for an interactive discussion, in person or via telephone conference call, with the Employee and their representative(s), if any. The purpose of the discussion is to work in good faith to fully consider all feasible potential reasonable accommodations. 5.1.4.7 Following the conclusion of the interactive discussion, the City Manager or designee will determine whether reasonable accommodation(s) can be made, and the type of accommodation(s) that will be offered. The City may not provide accommodation(s) that would pose an undue hardship upon City finances or operations, or that would endanger the health or safety of the Employee or others. The City Manager or disignee will inform the applicant or Employee of their decision as to reasonable accommodation(s) in writing. 5.2 PERSONNEL REQUESTS 5.2.1 To initiate the filling of an authorized vacant Position, the responsible Department Director shall submit to the City Manager or designee a written request containing at least the following information: a. The Classification (job) title; b. The justification for the position, including its budgeted salary, and c. The duties, responsibilities and qualifications of the Position in accordance with the Classification Plan. 5.2.2 Each request shall be reviewed by the Employee Relations Officer and approved by the City Manager. 5.3 JOB ANNOUNCEMENTS Job announcements providing information about the position, whether the recruitment is open or promotional, its title and pay, its major responsibilities and duties, minimum and other qualifications, where and when to apply, a description of the selection process, and the last day on which applications will be accepted shall 207 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 43 be prepared and distributed by Human Resources. All Positions to be filled will be publicized by posting announcements on the City’s official website and in such other places deemed advisable by the Employee Relations Officer. 5.4 PERSONNEL APPLICATIONS Applications for employment, transfer, or promotion with the City shall be submitted electronically through the City’s online applications system. All information required by the application shall be provided and the applicant shall certify as to the truth thereof. Resumes and other supplementary information may be submitted and attached to the application for consideration, but may not be used as a substitute for the application. All applications must be submitted with an appropriate electronic signature. 5.5 RECRUITMENT While recognizing the need for introduction of persons from outside City employment at all levels, the policy of the City is to seek to transfer or promote persons employed by the City when their qualifications, training, work performance, and work experience are determined to be comparable to applicants from other sources. 5.5.1 The Employee Relations Officer shall determine whether a recruitment to fill a vacancy shall be open or promotional, with the goal of ensuring an adequate number of candidates with appropriate skills to constitute a competitive process. The decision of the Employee Relations Officer to conduct an open or promotional recruitment shall be final. 5.5.2 Except as specifically provided otherwise in these Policies, determination of candidate qualifications for City employment shall be made by one of the following types of examinations: a. Open Competitive: Examinations which are open to all persons who possess the indicated minimum qualifications as set forth in the job announcement. Applicants for open competitive examinations may be, but are not required to be, Employees of the City. b. Promotional Competitive: Examinations which are open only to City Employees who possess the indicated minimum qualifications as set forth in the job announcement. 5.5.3 Any variations to these procedures shall be reviewed by the Employee Relations Officer and approved in writing by the City Manager. 5.6 EVALUATION OF APPLICATIONS Each application shall be reviewed to determine if the applicant satisfies minimum educational experience, type and years of job related experience, certificates or licenses and any other job related requirements. 208 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 44 5.7 DISQUALIFICATION OF APPLICATIONS 5.7.1 The Employee Relations Officer shall reject an application, or after examination, shall disqualify or remove the applicant’s name from an Eligibility List, if the applicant: a. Has made false statements of any material fact, or practiced any deception or fraud on the application or declarations, or in securing eligibility or appointment; b. Is found to lack any of the requirements, certifications, or qualifications for the Position involved; c. Is physically or mentally unable to perform the essential functions of the job, with or without reasonable accommodation; d. Is a current user of illegal drugs including, but not limited to, marijuana; e. Is a relative of an Employee, and is subject to the Nepotism Policy; f. Has been convicted of a crime, either a misdemeanor or felony, that relates to the Position duties that the applicant would perform; g. Used or attempted to use political pressure or bribery to secure an advantage in the examination or appointment; h. Directly or indirectly obtained and used information regarding examinations; i. Failed to submit the employment application correctly or within the prescribed time limits; j. Has had their privilege to operate a motor vehicle in the State of California suspended or revoked, if driving is an essential job function; and/or k. For any material cause which in the judgment of the Employee Relations Officer would render the applicant unfit for the Position, including a prior Resignation from the City, Termination from the City, or a significant Disciplinary Action. 5.7.2 Any of the above-cited grounds for disqualification may be cause for Termination or other Disciplinary Action if the applicant is or subsequently becomes an Employee of the City. 5.8 SELECTION PROCESS Selection processes shall be merit-based, impartial and designed to appropriately and fairly assess the relative capacity of the applicants to perform the duties and responsibilities of the Position to which they seek appointment. 209 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 45 5.8.1 The selection process may consist of an assessment of training and experience, oral board interviews, performance tests, work samples, assessment centers, other written tests, or other related assessment tools. 5.8.2 In all examinations, the minimum grade or standing for which eligibility will be determined shall be established before the administration of the examination or examinations. The minimum passing standard may be based on a pass-fail structure, weighted sub-parts of the examination, a compensatory model, or other structure based on the knowledge, skills, abilities and attributes being tested. Failure in one part of the examination may be grounds for declaring the applicant as failing in the entire examination, or as disqualified for subsequent parts of an examination. 5.9 CANDIDATE EXAMINATION INSPECTION By appointment with the Employee Relations Officer, an applicant shall have the right to review their own written test, within ten (10) working days after announcement of the testing results. However, no applicant shall be allowed to examine the written test key as part of their examination inspection. 5.9.1 If an applicant has a concern about an interview or any other element of the selection process beyond the written examination, the concern(s) should be directed to the City Manager or designee within ten (10) days of completion of the examination process. The applicant should identify the specific concern(s), the basis for the concern(s), and the requested remedy. 5.9.2 Any error in grading shall be corrected if it is called to the attention of the Employee Relations Officer at the time the applicant reviews their examination. Any applicant whose corrected score meets or exceeds the examination’s established passing score will be placed on the applicable eligibility list for the Position, if one exists. Any correction shall not invalidate an appointment or offer of employment that has been made previously. 5.10 NEPOTISM POLICY 5.10.1Except as specified below, an applicant for employment by the City who has a relative employed by the City may not be denied the right to apply for employment and compete in the examination process. Following the examination, if the applicant is successfully certified as eligible for employment, the applicant may be denied employment if the City Manager determines that such employment would create a prohibited relationship. A prohibited relationship may result under the following circumstances: a. One Employee would have a Supervisor-subordinate relationship with another member of their immediate family. b. Two immediate family members would be under the jurisdiction of the same immediate supervisor. 210 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 46 c. One Employee would have the power or authority to make recommendations or decisions about their immediate family member, which could or would have a financial or other impact upon the Employee’s relative. d. One Employee would have the authority to discipline their immediate family member. 5.10.2 The City Manager reserves the right to identify additional circumstances in which a prohibited relationship may occur. 5.10.3 Any Immediate Family Member of the City Manager, Finance Director or Employee Relations Officer will not be considered for employment in any capacity by the City. For the purposes of this Section, “Immediate Family Member” is defined as: grandparent, parent, spouse, child, aunt, uncle, or first cousin by marriage, adoption or blood. 5.10.4 When the eligible candidate is refused appointment to a position by virtue of this Section, the name of the candidate shall remain on the eligibility list for openings in the same classification as otherwise provided in these Policies, where no prohibited relationship may occur. 5.11 DRIVING SAFETY CHECK A verifiable and acceptable driving record shall be required of each final candidate for employment being appointed to a position that requires the Employee to drive a City vehicle, or personal vehicle on City Business, as an essential function of the job. The Employee Relations Manager shall have the right to conduct periodic, random verification of driving records of Employees. 5.12 ELIGIBILITY LISTS Lists of candidates to be considered for job openings in a particular Classification may be established for open competitive or promotional competitive Positions. An Eligibility List shall be a list of persons who have taken an open competitive or promotional competitive examination for an advertised City Position and have qualified for said Classification. Each such list shall bear an expiration date. The hiring department may appoint any candidate on the Eligibility List, regardless of ranking, provided all candidates with higher rankings have been interviewed. 5.12.1 Eligibility Lists shall remain in effect for six (6) months or until exhausted, whichever occurs first. In addition, a Department Director can request from the Employee Relations Officer that a supplemental list be prepared at any time that an Eligibility List is in effect if all candidates on the initial Eligibility List have been interviewed and the Department Director does not feel that there is an appropriate match for an advertised City position. An Eligibility List may be abolished at any time when less than three (3) eligible candidates remain. 211 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 47 5.12.2 Employee Relations Officer, upon either the Employee Relations Officer’s determination, or upon the recommendation of the Department Director, may remove a name from an Eligibility List for any of the following reasons: a. If the eligible person accepts an appointment with the City to a regular Position of the same or higher classification. Acceptance of a temporary appointment at any level will not in itself be cause for removal from an Eligibility List. An eligible person may refuse an appointment to a particular Position and request to remain on the Eligibility List; b. If the eligible person requests in writing removal from the list; c. If the eligible person fails to respond within fourteen (14) calendar days to a notification or letter which has been mailed to the person’s last address on file with the City; d. If the eligible person does not accept any offered Position; e. If an Employee on a promotional Eligibility List resigns from City employment; or f. If other circumstances, such as conviction of a crime involving moral turpitude or loss of a required license, make the person ineligible. 5.12.3 Placement on an Eligibility List does not guarantee employment with the City. 5.12.4 If a vacancy exists in a Classification for which there is no appropriate Eligibility List, the Employee Relations Officer may utilize existing related lists by selecting names of eligible applicants on an Eligibility List for a Classification which is assigned to the same or higher pay range and which has minimum qualifications similar to those of the Classification in which the vacancy exists. 5.13 REFERENCE CHECKS AND BACKGROUND INVESTIGATIONS After an offer of employment, candidates may be subject to reference checks and/or background investigations to assess the extent to which their employment history, criminal history, educational achievement, certification status, and other job-related factors meet the requirements of the Position for which they are being considered. Candidates will be required to sign an authorization for the City to conduct a reference check and background investigation, and may elect to receive copies of any public records obtained through the background check process. 5.14 FINAL DECISIONS OF SELECTION 5.14.1 The Department Director or designee shall recommend to the Employee Relations Officer a final candidate for appointment to a vacant position. All appointments to regular Positions in the City shall be subject to the City Manager’s final approval before becoming effective. If the selected 212 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 48 candidate accepts the appointment and reports for duty within the agreed upon time, the applicant shall be deemed appointed to the Position. 5.14.2 If the selected candidate does not report to duty within the agreed upon time, the candidate shall be deemed to have declined the appointment. By mutual agreement of the Department Director, the Employee Relations Officer and the candidate, the date of the appointment may be changed. 5.15 PRE-PLACEMENT PHYSICAL EXAMINATION 5.15.1 Each person accepting employment with the City may be required to successfully complete a pre-employment physical at a City designated medical facility at the City’s cost before an appointment to such employment becomes effective. Additionally, candidates being appointed to safety-sensitive Positions (see “Covered Employees” under Section 9.5.4.1 of these Policies) within the City shall be required to participate in pre-employment Drug and/or Alcohol testing pursuant to Section 9 of these Policies. 5.15.2 This Section shall also apply to changes of employment within the City when the new Position places substantially more physical demands upon the Employee. The results of the examination shall be kept confidential in a separate file and shall be viewed only to assess whether the Employee has the ability to perform the essential functions of the job, with or without reasonable accommodation. 5.16 EMPLOYMENT ELIGIBILITY VERIFICATION At the time of employment, all persons employed by the City shall be citizens of the United States or have legal authority to work in the United States. 5.17 CRIMINAL CONDUCT – INELIGIBILITY FOR EMPLOYMENT 5.17.1 Except as otherwise hereinafter provided, persons convicted of a misdemeanor involving moral turpitude or a felony may be ineligible for employment in the service of the City. Unless otherwise required by law, the City shall neither seek nor consider an applicant’s conviction history before making a conditional job offer to the applicant. 5.17.2 All such disqualification decisions shall be made by the City Manager or designee after conducting an individualized assessment about how the conviction directly and adversly affects the specific job duties at issue.In making the assessmnt, the City Manager or designee shall consider the following: (i) the nature and gravity of the offense or conduct; (ii) the time that has passed since the offense or conduct and completion of the sentence; and (iii) the nature of the job held or sought. If the City Manager or designee makes a preliminary decision that the applicant's conviction 213 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 49 history disqualifies the applicant from employment, the City Manager or designee shall notify the applicant of this preliminary decision in writing. The notification shall contain all of the following: a. notice of the disqualifying conviction or convictions that are the basis for the preliminary decision to rescind the offer; b. a copy of the conviction history report, if any; and c. an explanation of the applicant’s right to respond to the notice of the employer's preliminary decision before that decision becomes final and the deadline by which to respond. The explanation shall inform the applicant that the response may include submission of evidence challenging the accuracy of the conviction history report that is the basis for rescinding the offer, evidence of rehabilitation or mitigating circumstances, or both. The applicant shall have at least five business days to respond to the notice before the City Manager or designee may make a final decision. If, within the five business days, the applicant notifies the City Manager or designee in writing that the applicant disputes the accuracy of the conviction history report that was the basis for the preliminary decision to rescind the offer and that the applicant is taking specific steps to obtain evidence supporting that assertion, then the applicant shall have five additional business days to respond to the notice. The City Manager or designee shall consider information submitted by the applicant before making a final decision. If the City Manager or designee makes a final decision to deny an application solely or in part because of the applicant's conviction history, the City Manager or designee shall notify the applicant in writing of the final denial or disqualification and the right to file a complaint with the California Department of Fair Employment and Housing. 5.17.3 Only the Department of Human Resources, City Manager and the City Attorney are authorized to have access to the “State Summary Criminal History Information” as provided for in Section 11105 of the Penal Code of the State of California. 5.18 RESIGNATION Employees who desire to terminate their service with the City should submit a written Resignation to the Department Director at least two (2) weeks prior to the effective date of the Resignation. The Resignation becomes effective when received or confirmed in writing by the City. The Resignation may be revoked upon mutual consent of the Employee, the Department Director and the Employee Relations Officer up to the effective date of the Resignation. Failure to comply with this requirement may be cause for denying future employment with the City. 214 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES Page 50 SECTION 6 EVALUATION AND SALARY ADVANCEMENT 6.1 SALARY AT APPOINTMENT 6.1.1 Except as otherwise stated in these policies, all new Employees shall be appointed between the minimum salary and job rate (Step 5 or 7 depending on Class Specification) of the Salary Range to which their classification is assigned. 6.1.2 When the proposed Employee’s education, training and experience are deemed superior and justify a salary in excess of the minimum, the Department Director may recommend to the City Manager offering employment in excess of the minimum salary. City Manager approval must be obtained prior to making an offer of employment. All final appointments are subject to the City Manager’s approval, regardless of the salary at which the Employee is appointed. 6.1.3 The hiring range will be from the range minimum to the job rate, based on qualifications and dependent on market conditions. Appointment above the job rate, but not to exceed the merit maximum, will be allowed subject to the approval of the City Manager. 6.2 RECRUITMENT AND/OR RETENTION INCENTIVES When necessary and appropriate, the City may use recruitment and/or retention incentives in order to compete for skills that may be in limited supply and are necessary to recruit or retain an individual for a Position defined as a “critical need” by the City Manager. 6.3 EMPLOYEE PERFORMANCE EVALUATION 6.3.1 Salary advancements will be based on successful performance in the job Classification as determined through a job-related performance appraisal system that can be used to guide compensation decisions, either in part or in whole. The Employee Relations Officer shall select a job evaluation methodology that is appropriate for use with broad Classifications. Regular reports on forms prescribed by the Employee Relations Officer shall be made as to the efficiency, competency, and conduct of all Employees appointed by the City Manager. Performance evaluations are required to be at the completion of an initial probationary appointment (twelve (12) months) or promotional probationary appointment (six (6) months), and annually thereafter in accordance with the City’s annual evaluation schedule for all Employees in place at the time. 215 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 51 COMPENSATION SCHEDULE FOR NEW HIRES* MONTH HIRED STEP INCREASE ELIGIBILITY AT 12- MONTH EVALUATION PERFORMANCE PAY AWARD ELIGIBILITY January July (evaluation year) February July (evaluation year) March July (evaluation year) April July (evaluation year) May July (evaluation year) June July (evaluation year) July July (evaluation year) August July (year after evaluation) September July (year after evaluation) October July (year after evaluation) November July (year after evaluation) December July (year after evaluation) *Probationary period calculations done in accordance with Section 1.5.46. COMPENSATION SCHEDULE FOR PROMOTIONS* MONTH PROMOTED 6-MONTH EVALUATION STEP INCREASE AND PERFORMANCE PAY AWARD ELIGIBILITY January July July (evaluation year) February August July (year after evaluation) March September July (year after evaluation) April October July (year after evaluation) May November July (year after evaluation) June December July (year after evaluation) July January July (evaluation year) August February July (evaluation year) September March July (evaluation year) October April July (evaluation year) November May July (evaluation year) December June July (evaluation year) *Probationary period calculations done in accordance with Section 1.5.46. 6.3.2 As outlined in Section 4.1, any decision to extend an Employee’s Probationary Period must be made prior to the expiration of the original Probationary Period. 6.3.3 Any evaluation which warrants a salary increase but is not completed by the designated review date shall be retroactively paid back to that review date. In addition to those occasions referenced by this Section, a Supervisor may render a performance evaluation at any time when performance issues 216 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 52 arise, whether positive or negative, when there is a change in assignment and/or when there is a change in Supervisor or management. 6.3.4 During the performance evaluation meeting, the Employee and Supervisor shall review and discuss the Employee’s significant accomplishments, training, problem or improvement areas, and future development and objectives. After reviewing the Classification Specification, duties, and any established performance standards for that Position, an evaluation shall be made by the Supervisor as to whether the Employee’s performance meets City standards. 6.3.5 An explanation must accompany any unacceptable or conditional judgment. The Employee shall have an opportunity to review their performance evaluation and agree or disagree with it. 6.3.6 Based upon the performance evaluation, the Supervisor may make appropriate recommendations to the Employee Relations Officer regarding a possible salary increase, promotion, or other action. City Manager approval is required for all such actions. 6.3.7 The Employee Relations Officer reserves the right to review any performance evaluation prior to review of same with the Employee. 6.3.8 The Employee shall have the right to attach a written response to the corresponding performance evaluation in their personnel file. This response must be made within ten (10) working days of receiving the evaluation. 6.3.9 No other administrative reply, request, or appeal shall be allowed, except as may be provided in the current Memorandum of Understanding with the La Quinta City Employees’ Association. 6.3.10 The Employee and Supervisor must sign and date the evaluation. If the Employee refuses to sign the evaluation, the Supervisor shall note on the performance evaluation this fact and any circumstances surrounding the Employee’s refusal. 6.3.11 Performance evaluations shall not be subject to the grievance process. 6.4 PROGRESSION BASED ON SUCCESSFUL PERFORMANCE Employees should receive salary increases for successful performance until they reach the job rate. Employees whose performance is rated at less than successful should not receive any salary range adjustment. Employees who have reached the job rate and whose performance exceeds the standard for the job Classification shall be eligible for Performance Pay Awards. 6.4.1 Regular Full-time and Regular Part-time Employees shall earn increases based on meeting successful performance of duties in the overall rating, as follows: 217 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 53 6.4.1.1 Normal Progression. Employees who are hired below the job rate and who receive an overall successful performance rating following completion of an initial employment period of not less than twelve (12) months, become eligible for enrollment in the performance pay system. From the date of employment until the successful conclusion of the Probationary Period, no salary increase shall be granted. At the end of a successful Probationary Period, the Employee becomes eligible for enrollment in the performance pay system, which shall occur annually during the City’s evaluation period for all Employees. Employees must achieve at least an overall “successful” rating to be deemed eligible for consideration of a salary increase. An Employee who receives an overall “successful” rating is not, thereby, guaranteed a salary increase once they reach the job rate. An Employee who receives an overall performance rating of “needs improvement” shall not be eligible for consideration of a salary increase. Nothing in this Section shall preclude the City from adopting new evaluation procedures and forms. 6.4.1.2 Promotional Progression. From the date of promotion until the successful conclusion of the Probationary Period, no salary increase may be granted. When an Employee is promoted to a classification with a greater Salary Range, their salary increases to an appropriate salary within the range of the new job Classification. An Employee who is promoted shall be compensated at the salary in the new Salary Range which is at least five percent (5%) higher than the salary the Employee held in the previous Salary Range. All promoted Employees who successfully pass their Probationary Periods are eligible for enrollment in the performance pay system, which shall occur annually during the City’s evaluation period for all Employees, again provided they satisfy the eligibility criteria set forth herein. 6.4.1.3 Performance Pay Awards. Performance Pay Awards should be based solely on performance that exceeds defined standards or expectations for incumbents in the job Classification. Exceptional performance awards shall be granted to those Employees whose above standard performance is ongoing and their long-term performance indicates that such above standard performance is the norm. 6.4.1.4 Pay for Performance Compensation Methodology. Pay increases shall be based upon individual performance review ratings as follows: OVERALL PERFORMANCE RATING Needs Improvement Successful Exceeds If more than 2 steps below the job rate: No increase 1 step 2 steps If only one step below the job rate: No increase 1 step 1 step plus Award 218 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 54 *If year 2 is a Successful rating and there is an extenuating circumstance, the City agrees to take the Year 3 Exceeds into consideration for a Discretionary Step. 6.5 BILINGUAL COMPENSATION 6.5.1 Bilingual Pay. Each Regular Full-time Employee who has qualified for bilingual compensation under this Section shall receive additional compensation of $.25 per hour. If a Department Director determines that an Employee spends more than 50% of their work time performing bilingual duties, the amount of additional compensation shall be $.50 per hour. Upon verification of the Employee’s qualification by the Employee Relations Officer, the employee shall receive bilingual compensation to commence as of the next pay period. 6.5.2 Eligibility. The Employee Relations Officer will designate at least one Regular Full-time Employee to perform bilingual services for the public to all City departments. Selection of the designated Employee(s) will be based upon: 1. Bilingual ability as determined by scores on a recognized standardized testing process determined by the Employee Relations Officer; and 2. Accessibility to the public. The designated Employee(s) shall provide verbal translation services to the public in addition to their normal work duties. Additional Employee(s) will receive bilingual compensation if, as part of their job function and duties, they provide verbal bilingual translation for the public within their department on a regular basis. A Department Director who determines that an Employee is providing bilingual translation services on a regular basis will certify the same to the Employee Relations Officer, who shall then schedule the Employee to take a standardized test. 6.5.3 Testing. Each Employee who is authorized to receive bilingual compensation shall be tested at the time of authorization and must successfully pass the test to receive the additional compensation. 6.5.4 Discontinuing Compensation. If the bilingual skill is no longer needed or the Employee is no longer required to use it, the Department Director shall terminate the bilingual compensation by written notice to the Employee Relations Officer. The Employee Relations Officer may also terminate the bilingual compensation if a like determination is made, and shall notify the Department Director. In either case, the Department Director shall notify the Employee. 6.5.5 An Employee not receiving bilingual compensation shall not be required to perform bilingual services. If at or above job rate: No increase No increase Year 1: Award *Year 2: One Discretionary Step 219 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES Page 55 SECTION 7 HOURS OF WORK AND OVERTIME 7.1 WORK WEEK AND OVERTIME The work week for City Employees not on the 9/80 Alternate Work Week Schedule shall begin at 12:01 a.m. on Saturday, and end at 12:00 a.m. (midnight) on Friday. The work week for Regular Full-time Employees shall be forty (40) hours, rendered in units of eight (8) hours per day (or as defined in the 9/80 Alternate Work Week Policy). The City may establish a different work week when it is deemed to be beneficial to the City. Except in cases of emergencies, the City will provide a two- week advance notice of schedule changes. The La Quinta City Employees Association will have the opportunity to meet and discuss the impacts of non-emergency or other temporary work week changes. 7.2 OVERTIME 7.2.1 General Non-Exempt Employees working in Positions which do not meet one of the FLSA exemption categories, will be paid overtime for hours actually worked in excess of forty (40) in any work week. Floating holidays, sick leave, vacation or compensatory time off will not be included as time worked for purposes of calculating overtime. Legal holidays, for which City offices are closed, will be recognized as time worked for purposes of calculating overtime. 7.2.2 All overtime must be authorized in advance by the Employee’s Supervisor. Employees who work unauthorized overtime shall be paid, but are subject to discipline for violation of this Policy. 7.2.3 Management Employees are exempt salaried Employees and shall not receive Overtime compensation. 7.2.4 Non-exempt Employees who work overtime in less than one (1) hour increments shall be compensated for in the following manner: Time Worked Overtime Compensation 0 - 15 minutes ¼ hour x 1.5 16 - 30 minutes ½ hour x 1.5 31 - 44 minutes ¾ hour x 1.5 45 - 60 minutes 1 hour x 1.5 7.2.5 Overtime for General Non-Exempt and Part-time Employees shall be compensated in one of the following two ways: 7.2.5.1 As overtime pay calculated at one and one-half the regular rate of pay; or 7.2.5.2 As compensatory time off accrued at one and one-half the regular rate of pay as set forth in Section 7.3 220 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES Page 56 7.3 COMPENSATORY TIME OFF (CTO) Compensatory Time Off may be granted to those General Non-Exempt Employees who work overtime as provided in this Section, and with whom the City has a prior agreement or understanding that the Employee will accept compensatory time off in lieu of cash payment for overtime. 7.3.1 The City Manager or designee may allow accrual beyond the maximum if circumstances warrant. All compensatory time off shall be requested three (3) days in advance, and shall be granted by the Department Director unless the time off will adversely impact the organization and/or work load. 7.3.2 Employees are encouraged to use their accrued compensatory time off, and the City will make every effort to grant reasonable requests for the use of compensatory time off when sufficient advance notice is given and the workplace is not unduly disrupted. 7.3.3 The maximum number of compensatory time off hours that an Employee may accrue is forty (40) hours. Any Employee who has reached this maximum shall not work any additional compensatory time until the Employee’s accrual has fallen below the maximum allowed. Employee may work overtime and receive pay if they have received advance written authorization. The City Manager or designee may allow accrual beyond the maximum if circumstances warrant. 7.3.4 The City reserves the right at any time to pay an Employee in cash for any or all accrued compensatory time off and/or to require the Employee to use accumulated compensatory time off. 7.3.5 Employees who separate from City service for any reason shall be paid for accrued and unused compensatory time off. 7.4 ALTERNATE WORK WEEK 7.4.1 The City Manager may approve an Alternate Work Week Schedule (including a 9/80 schedule, a 4/10 schedule, or some other alternate schedule based on a 40-hour work week) (“Alternate Work Week Schedule”) for individual Employees based on staffing needs, the Employee’s performance, and the nature of the position. An Alternate Work Week Schedule for an Employee may be implemented at the sole discretion of the Employee Relations Officer and may be thereafter modified or eliminated as needed, at any time, by the Employee Relations Officer. 7.4.2 Employees approved to work an alternate 9/80 work schedule will work nine (9) hours for four fixed days in each work week, and eight (8) hours the remaining fifth day of one work week. The Employee will be off work on the corresponding fifth day in the following work week. As such, the Employee will work a total of 80 hours per pay period and 40 hours in each defined work week. 221 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES Page 57 7.4.3 The FLSA work week for Employees on the 9/80 schedule will begin at “mid-day of Employee’s scheduled 8 hour workday” and end “mid-day of the Employee’s same workday on the following week.” Using this method, an Employee will work a total of 40 hours during each scheduled work week. Overtime and compensation time apply to non-exempt Employees for hours worked beyond 40 in any established work week. 7.4.4 The Employee will be eligible to request a 9/80 work schedule following a minimum of twelve (12) months of employment, subject to the recommendation of their Department Director, and the approval of the Employee Relations Officer. Employees must complete a signed agreement approved by their Department Director and the Employee Relations Officer to be eligible for the 9/80 work schedule. 7.4.5 The Employee will continue accruing vacation and sick leave hours at the same rate as before being assigned to an Alternate Work Week Schedule. An Employee who is using vacation or sick leave will be charged the number of hours of use. 7.4.6 Compensation for holidays will not change when an Employee is assigned to an Alternate Workweek Schedule. Employees receive 8 hours of holiday pay when assigned to a regular 40-hour per week work schedule. Under the 9/80 work schedule option, an Employee will continue to receive 8 hours of holiday pay, even if the holiday falls on a day when the Employee is scheduled to work 9 hours. The Employee will use their accrued compensatory time off, administrative leave, or vacation time to make up the one-hour difference. 7.5 STAND-BY AND CALL-BACK POLICY 7.5.1 Call Back. When an off duty Employee is called back to work, the Employee shall receive a minimum of two (2) hours’ pay or two (2) hours’ Compensatory Time Off, at the Department Director’s discretion. 7.5.2 Stand-By Pay. Employees occupying a position designated by the Department Director and approved by the Employee Relations Officer as appropriate for stand-by pay are required to be subject to call by telephone or other approved methods. Stand-by assignments shall be scheduled in advance by the appropriate Department Director, and shall be automatically forfeited if the Employee is unavailable or unfit when called for duty. Employees working stand-by assignments shall be paid twenty-five dollars ($25.00) per work day, and sixty dollars ($60.00) per holiday. Employees out on an excused leave of absence (i.e., sick leave, vacation leave, use of compensatory time off, administrative leave, etc.) for a full day are not eligible for stand-by pay on that day. 7.5.3 In addition to the stand-by pay, an Employee called for a stand-by assignment shall be compensated at time and one-half, either with overtime pay or compensatory time off, at the Employee’s discretion, from the time the Employee enters the City limits until they leave the City limits. All Employees 222 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES Page 58 placed on stand-by must be able to reach the City limits within thirty (30) minutes under normal driving conditions. 7.6 TIME SHEETS 7.6.1 All City Employees must complete electronic time sheets documenting hours worked and leave taken. Time sheets must be verified and certified by the Employee and approved by the Employee’s Supervisor. Time sheets will be reviewed and audited by the City Finance Department (Finance). 7.6.2 Notice of any correction(s) to the time sheet will be sent to the Employee and the Supervisor by Finance. Such corrections will be deemed final unless questioned by the Employee within thirty (30) days after notice of correction has been given to the Employee. Unresolved matters may be taken to the Employee Relations Officer for review and recommendation. Final determination shall be made by the Employee Relations Officer. 7.7 ABANDONMENT OF EMPLOYMENT An Employee who is absent, without authorized leave, for three (3) or more consecutive work days, is deemed to have voluntarily resigned their employment with the City. If the Department Director, with the concurrence of the Employee Relations Officer, determines that extenuating circumstances exist, the resignation may be rescinded, in which case, the absence may be covered by accrued paid leave, or leave without pay, if so approved by the Employee Relations Officer. 7.8 BREAK AND LUNCH POLICY 7.8.1 Employees may take one paid fifteen (15) minute break for each four (4) hours of work. Breaks shall be taken during the middle of the first four (4) hours and of the last four (4) hours. Breaks shall not be added to lunch periods nor used as compensatory time off earned if Employee chooses not to take their breaks during the designated time periods. Non-compensated lunch periods shall be at least thirty (30) minutes, but no more than sixty (60) minutes per day for Employees who work six (6) or more hours per day. Employees are expected to take their lunch hours in accordance with department schedules. 223 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES Page 59 SECTION 8 LEAVES 8.1 HOLIDAYS Days which are designated as paid holidays by the City Council shall be recognized holidays for City Employees unless otherwise specified. Each holiday shall be considered eight (8) hours. A holiday falling on Sunday will be observed the following Monday. A holiday falling on Saturday will be observed the previous Friday. 8.1.1 Regular Full-Time Employees. 8.1.1.1 Regular Full-time Employees are entitled to the following ten (10) paid holidays each year: New Year’s Day January 1 Dr. Martin Luther King, Jr. Day 3rd Monday in January Presidents’ Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day 1st Monday in SeptemberVeterans’ Day November 11 Thanksgiving Day 4th Thursday in November Day after Thanksgiving Friday after Thanksgiving *Christmas Eve Day December 24 Christmas Day December 25 *New Year’s Eve Day December 31 *In the event Christmas Eve (December 24) and New Year’s Eve (December 31) fall on a weekday, they will be considered paid holidays. 8.1.1.2 Regular Full-time Employees who work less than forty (40) hours per week, shall receive holiday compensation on a pro rata basis for the holidays listed above. Holiday compensation for these Employees shall be calculated by the number of hours worked as a percentage of a forty (40) hour work week. 8.1.1.3 In the event an Employee is required to work on a holiday, they shall be entitled to: a. A minimum of four (4) hours straight time (either paid or in compensatory time off); b. Eight (8) hours of holiday pay; and c. If the minimum four hours takes the Employee over forty (40) hours for the work week, they shall be paid at time and one-half for all hours worked over 40. 224 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 60 In the event of a conflict between any provision of this section and Section 7.5.1 (Call-Back), the affected Employee shall be given the greatest benefit provided under the two sections. 8.1.1.4 Floating Holidays a. Regular Full-time Employees are entitled to twenty (20) hours of floating holidays each calendar year, to be scheduled by the Employee provided the Employee’s Supervisor deems the selected day(s) are compatible with work schedules. All floating holiday hours unused or approved for use prior to December 31 of each calendar year will be compensated during the final full pay period of that calendar year. b. In the event of the Employee’s failure for any reason to take such floating holiday hours during any calendar year or prior to their termination of employment with the City, they shall be entitled to compensation for the floating holiday hours not used. c. Probationary Employees may use their floating holiday hours. 8.2 VACATION LEAVE 8.2.1 Vacation Earned 8.2.1.1 Regular Full-Time Employees Regular Full-time Employees shall be provided with vacation earnings based on the following schedule, as may be amended or modified by specific provisions in a relevant MOU or contract: Years of Full-time Service Annual Number of HoursEligible to Earn Beginning year 0-1 80 hours Beginning year 2 88 hours Beginning year 3 96 hours Beginning year 4 104 hours Beginning year 5 112 hours Beginning year 6 120 hours Beginning year 7 128 hours Beginning year 8 136 hours Beginning year 9 144 hours Beginning year 10 152 hours Beginning year 11 and after 160 hours Regular Full-time Employees who work less than forty (40) hours per week shall receive vacation benefits on a pro-rata basis, calculated by 225 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 61 the number of hours worked as a percentage of a forty (40)-hour work week. Employees in this category may accrue up to 160 hours of vacation leave. 8.2.2 No vacation days may be used during an Employee’s first three (3) months of service. At the end of three (3) months, vacation in an amount which would have been earned during the first three (3) months period will be credited to the Employee’s leave account in a lump sum and is available for use. 8.2.3 Limitations 8.2.3.1 Vacation is earned annually and is computed on the basis of number of months, or major portion of a month, actually worked within a calendar year. 8.2.3.2 Annual number of vacation hours eligible to earn shall change on the anniversary date of the Regular Employee. 8.2.3.3 No vacation shall be credited for time during which an Employee is absent from duty without pay in excess of thirty (30) days. 8.2.3.4 All vacations shall be requested in writing in advance, and taken at such time as approved by the Department Director. The Department Director shall either approve or deny a vacation request within three (3) work days after receiving the request. 8.2.3.5 Vacation leave may be taken in any increment of minutes, approved by management. 8.2.3.6 Illness during a vacation period shall not be considered as sick leave. 8.2.4 Vacation Buy-Back 8.2.4.1 Mandatory Buy-Back Vacation hours may be accumulated and carried over to succeeding calendar years up to a maximum accrual of 320 hours for Regular Full- time Employees. Accrued vacation hours which exceed 320 hours as of the last pay period of November of each year shall be paid at the Employee’s regular rate of pay as time worked and shall be issued as a separate check in December. 8.2.4.2 Optional In addition to the above, Regular Full-time Employees with a minimum of 80 hours of accrued vacation time as of the last pay period in May or November in any calendar year, may receive pay at the Employee’s regular rate of pay, for a portion or the entire amount over 80 hours. Any Employee desiring to exercise this option must make a written 226 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 62 request to the Finance Director no later than May 15 or November 15 in the calendar year for which vacation buy back is sought. The vacation buy-back pay will be issued as a separate check in June or December. 8.2.5 Vacation Leave Transfer Policy (VLTP) The conditions for participation in the Vacation Leave Transfer Policy (VLTP) are as follows: a. If a Regular Full-time City Employee has been granted leave under the Federal Family and Medical Leave Act (FMLA) of 1993, which is for a period of up to twelve (12) weeks, due to injury or illness of themself or an immediate family member,and the Employee has exhausted all earned leave: sick, vacation, administrative, and compensatory time off, the Employee can request approval to take part in the VLTP, wherein fellow Employees can donate vacation leave or compensatory time to enable Employees in these situations to continue to receive their regular pay. An Employee is eligible to participate in the VLTP when they have been employed at least 12 months, completed their Probationary Period, and worked for at least 1,250 hours during the 12-month period immediately preceding the request for VLTP. b. To participate in the VLTP, a request must be submitted specifically on the VLTP Request Form to the Department Director and then to the Employee Relations Officer for approval of donated vacation leave or compensatory time from fellow Employees. Any appeal or a denial of a request to participate in the VLTP will be resolved by the City Manager. The decision of the City Manager shall be final, not grievable and not subject to further appeal. c. The Employee Relations Officer shall manage all aspects of the VLTP. d. If a request for donated vacation leave or compensatory time is approved by the Employee Relations Officer, a notice will be posted informing City Employees of the particular Employee in need of donation assistance through the VLTP. e. Any Employee wishing to contribute vacation leave or compensatory time must sign an authorization form specifying the Employee to which the donation will be made and acknowledging that the donation is irrevocable. f. The application rate of an Employee’s vacation leave or compensatory time donation will be on an hour-for-hour basis with no adjustment for dollar value. g. All donations will be voluntary and confidential. 227 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 63 h. Except for the notice and memorandum notifying Employees of a specific Employee’s leave transfer need, no City Employee may solicit donations from any other Employee (general discussion of voluntary donation versus solicitation at Employee Association meetings is exempted). i. No Supervisor shall make workplace decisions based on any Employee’s participation or non-participation in the VLTP. j. Finance will set up a trust account for all approved Employee vacation leave or compensatory time donation requests in the requesting Employee’s name, into which each donating Employee’s vacation leave or compensatory time will be noted, and used as needed. k. Employees on VLTP shall be paid at regularly scheduled City pay periods from the trust account Finance establishes. The amount of payment shall be the total monetary amount of vacation leave or compensatory time donated up to a maximum of 100% of the Employee’s regular pay, less: 1. any disability benefit offered through the City, Worker’s Compensation Benefit, or other short or long-term disability payments the Employee is receiving during the pay period; and 2. regular taxes. l. Group health insurance coverage and other negotiated benefits shall be provided to all Employees while on the VLTP, as long as the Employee’s total FMLA and VLTP time does not exceed twelve (12) working weeks, or as set forth in the family and medical care leave or pregnancy leave policies. If the Employee is not on paid status by virtue of continuing to utilize at least half (50%) of the hours needed per pay period to receive a full paycheck through the use of their accrued sick leave, vacation, compensatory time-off, administrative leave allowances, or leave donated under this Section, the Employee will be required to personally fund this benefit if the Employee wishes to retain it. If the Employee uses less than 50% of the hours needed per pay period to receive a full paycheck through the use of their accruals, the Employee will be required to personally fund their medical premium payments if the Employee wishes to retain group health insurance coverage. m. Attendance and Payroll records of Employees on VLTP shall denote a “DL,” standing for Donated Leave, for time paid to Employee while on this program. n. No sick leave, vacation leave, holiday credits, administrative leave, compensatory time, deferred compensation, CalPERS (PERS) or any other applicable benefits shall accrue to receiving Employee for any hours provided by donating through the VLTP. 228 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 64 o. Vacation leave donations or compensatory time shall in no way affect or modify the receiving Employee’s employment status with the City, nor shall it affect or modify the application of applicable City policies, rules and ordinances. p. Employees on VLTP who remain on an authorized unpaid leave of absence after FMLA is exhausted may continue to receive assigned donated vacation leave and compensatory time from other regular city Employees until the Employee returns to work, is terminated, or meets the maximum hours under Subsection t, below. q. Availability of donated vacation leave or compensatory time shall in no way delay or prevent the City from taking action to medically separate or disability-retire an Employee. r. Donated but unused vacation and compensatory time shall “expire” once the requesting Employee returns to work on a full-time basis. s. The recipient Employee must be unable to work in any capacity as a result of a serious injury or illness to the Employee or their immediate family member in order to be eligible to receive donations under the VLTP. t. The total amount of hours donated to any individual shall not exceed two hundred forty (240) hours in any calendar year. u. Only the recipient Employee for whom the VLTP has been established may receive donated hours from said plan. Such donated hours will be added to the Employee’s sick leave balance, as needed. v. The plan will be administered so that hours will be used only as needed and in the order donated. 8.3 SICK LEAVE Paid sick leave provides time off without loss of pay for reasons, and under the conditions, specified in this Policy, as may be modified by MOU or applicable law. Every Employee should use sick leave with respect for the intent of the policy and the impact on fellow Employees. All Employees are responsible for the proper administration of the sick leave provision. 8.3.1 Accrual of paid sick leave is set forth below, as may be amended or modified by specific provisions in relevant MOU or contract: a. Regular and Probationary full-time Employees are eligible for Sick Leave after completing three (3) months of service, at which time sick leave, in an amount which would have been earned during the first three (3) months period, will be credited to the Employee’s Leave Account in a lump sum and is available for use. 229 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 65 b. Sick leave with pay shall accrue at the rate of one work day for each calendar month of service. Employees in this category may accrue up to four hundred and eighty (480) hours of sick leave. Sick leave credits shall accrue only while an Employee is in paid status with the City. c. In accordance with “The Healthy Workplaces, Healthy Families Act of 2014,” Regular Part-time Employees, shall earn 24 hours of paid sick leave per calendar year (paid at their hourly rate) in each year of employment. Regular Part-time employees who work in California for 30 or more days within a year from the commencement of employment, are eligible to use accrued paid sick leave beginning on the 90th day of employment, at which time sick leave of 24 hours (or such pro-rated amount as is warranted based on start date) will be credited to the Employee’s Leave Account in a lump sum and is available for use. Accrued paid sick leave does not carry over to the following year, but will be paid out at the rate of 50% on the final paycheck in December each year, or upon termination if same occurs earlier than the end of the calendar year. 8.3.2 If the maximum accrual of sick leave has been reached as of the last pay period in November in any calendar year, Employee shall be reimbursed for the number of sick leave hours that have been accrued and unused above the maximum, according to the formula used for sick leave cash out upon Employee termination. 8.3.3 Approved sick leave may be granted to all Employees for the following reasons: a. For the diagnosis, care or treatment of an existing health condition, or preventive health care for the Employee or the Employee’s Immediate Family Member; b. Enforced quarantine of the Employee in accordance with community health regulations; c. To allow a victim of domestic violence and/or a victim of sexual assault to obtain relief or attempt to obtain relief to help ensure their health, safety, or welfare, or that of their child(ren); d. To allow a victim of domestic violence and/or a victim of sexual assault to seek medical attention, to obtain services from a domestic violence program or psychological counseling, or to participate in safety planning; or e. Complication or disability resulting from or attributed to any pregnancy, termination of pregnancy, or recovery therefrom. 8.3.4 Supervisory personnel are charged with the responsibility for reviewing and evaluating sick leave usage. 230 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 66 8.3.4.1 Sick leave misuse or abuse is generally defined as use of sick leave for reasons other than those set forth in this Policy. Potential indicators of abuse are set forth below: a. A pattern of sick leave use involving days adjacent to scheduled days off and holidays; b. Refusal or inability to provide medical substantiation when requested; c. Frequent absences with vague or questionable substantiation; d. Frequent or recurring exhaustion of sick leave soon after it is earned (unless for substantiated medical reasons); and/or e. Other evidence of Employee activity that is inconsistent with the legitimate use of sick leave, such as usage higher than the City’s average for the previous calendar year (deduct serious illness or injury) and two or more of the above indicators. 8.3.4.2 When it is determined, by investigation, that sufficient evidence exists to demonstrate that an Employee has abused or is abusing or misusing the sick leave privilege, the Department Director may cause such Disciplinary Action to occur as deemed appropriate to deter future misuse. If it is found that the claim for sick leave was fraudulent, the claim for sick leave will not be paid. Sick leave taken for protected reasons or as set forth in Section 8.3.4 shall not be considered in determining abuse or misuse of the sick leave privilege. 8.3.5 Sick Leave Cash Out 8.3.5.1 City agrees to provide a cash out of accrued and unused sick leave upon Employee’s termination, as follows: 2 through 4 years of service 25% 5 through 9 years of service 50% 10 through 19 years of service 75% 20 years of service and up 100% 8.3.5.2 Optional Cash Out: Regular Full-time Employees have the option to convert accrued and unused sick leave above 240 hours up to 480 hours to cash twice every year for accruals through the last pay period in May or November. The sick leave cash out will be issued as a separate check in June or December. 8.3.5.3 Accrued and unused sick leave which is cashed out under this section may not be used for PERS service credit. 231 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 67 8.4 BEREAVEMENT LEAVE Regular Full-time Employees shall be allowed thirty-two (32) hours Bereavement Leave in the event of death of an Immediate Family Member as defined in Section 1.5.33 of these Policies. There is no annual restriction on the number of bereavement leaves required by an Employee. Initial probationary Employees are not eligible for bereavement leave until after the first three (3) months of employment. 8.5 ADMINISTRATIVE LEAVE The following designated Positions will receive administrative leave. The probationary status of such Employees will not preclude the accrual and/or utilization of administrative leave. 8.5.1 Professional/Administrative/Management Employees The following FLSA-exempt Positions shall receive forty (40) hours of administrative leave per calendar year: Assistant to the City Manager Associate Engineer; Associate Planner; Building Official; City Clerk City Engineer; Community Resources Manager; Construction Manager/ Inspection Supervisor. Financial Services Analyst; Hub Manager; Human Resources Analyst; Human Resources/Risk Manager; Maintenance Manager; Management Analyst; Marketing Manager; Planning Manager; Public Safety Analyst; Public Safety Manager; Senior Accountant; Senior Civil Engineer; Senior Emergency Management Coordinator; Senior Planner; and Traffic Operations Analyst. 8.5.2 Accrual and Use 8.5.2.1 Upon hire, designated Employees are credited a prorated amount of administrative leave. The prorated amount of administrative leave to be accrued for the calendar year may be used at any time during the year subject to the Supervisor’s approval. Administrative 232 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 68 leave is available for use by probationary Employees, at the discretion of the Department Director. 8.5.2.2 Any unused or approved for a work day prior to December 31 of each calendar year will be compensated during the final full pay period of that calendar year or upon separation of employment. 8.6 JURY DUTY AND WITNESS LEAVE 8.6.1 No Employee shall be dismissed or in any manner discriminated against for taking time off from work to serve as a juror or witness when required by law, provided such Employee complies with the provisions of this Section. An Employee called to serve as a juror or witness shall notify the Employee’s Supervisor at least one (1) week prior to the commencement of such service, unless extenuating circumstances exist. 8.6.2 Any Employee of the City called as a juror or witness shall be entitled to be absent from the Employee’s duties with the City as long as required by the court system or other tribunal. The Employee is required to obtain a jury calendar or assignment sheet weekly during such service. The jury calendar or assignment sheet shall be signed by the jury clerk or commissioner and delivered to the Employee’s Supervisor at the end of each week to verify jury duty or witness service. 8.6.3 A Regular Full-time Employee required to serve on jury duty shall be entitled to the Employee’s regular rate of pay, provided the Employee deposits any fees for service, excluding mileage, with the City. 8.6.4 Any Employee required to be absent from work on behalf of the City by proper subpoena issued by a court or other legally empowered agency, shall be entitled to be absent from work at the Employee’s regular rate of pay, provided that any fees for service, except mileage, are deposited with the City. An Employee required to be present as a witness in any other matter shall not be entitled to be paid during such absence. 8.6.5 An Employee who is released by the court from jury duty on any regularly scheduled work day shall contact their Supervisor to find out whether they are required to return to work. An Employee who is scheduled for stand- by duty while serving on jury duty shall be rescheduled for stand-by duty after the conclusion of jury duty, unless the Employee agrees to serve both. 8.7 PREGNANCY DISABILITY LEAVE 8.7.1 An Employee who has been advised by their health care provider that they are disabled due to pregnancy or a pregnancy-related condition, and who has provided timely notice of this determination to the City, is entitled to pregnancy disability leave. There is no minimum service requirement for eligibility. 233 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 69 8.7.2 Pregnancy disability leave is available when a woman is disabled by her pregnancy, childbirth, or a related medical condition. The reasons for leave include: a. time off needed for prenatal care; b. severe morning sickness; c. doctor-ordered bed rest; and/or d. childbirth, recovery from childbirth, and any related medical condition. 8.7.3 A woman does not have to be completely incapacitated or confined to her bed to qualify as being disabled by pregnancy. However, as a general rule, a woman must be, in the opinion of her physician, unable to perform one or more essential functions of her job without undue risk to herself or to other persons, or without undue risk to the successful completion of her pregnancy. 8.7.4 The duration of pregnancy disability leave is limited to four months (17.5 weeks) while the Employee is disabled by pregnancy or a pregnancy- related condition. 8.7.5 Pregnancy disability leave may be accounted for in increments of no greater than one hour, or the increment utilized to account for use of other forms of leave (if the same is less than one hour). 8.7.6 An Employee disabled by pregnancy is eligible for intermittent or reduced schedule leave if recommended by her treating physician. 8.7.6.1 If intermittent leave is medically advisable, it may be necessary to temporarily transfer the Employee to an available alternative Position with an equivalent rate of pay and benefits. 8.7.6.2 The Employee must be qualified for the available alternative Position. 8.7.6.3 The equivalent Position must better accommodate recurring periods of leave than the Employee’s regular job. 8.7.6.4 If there is no available alternative Position, the City may consider altering the Employee’s existing Position on a temporary basis to accommodate intermittent leave or reduced schedule. 8.7.7 The City will consider temporary reasonable accommodations that are determined to be medically advisable by the Employee’s health care provider, and reasonable by the City. Temporary accommodations may include: a. Additional leave after the Employee has exhausted her right to four months of pregnancy disability leave; b. Transfer to a less strenuous or hazardous Position if the Employee’s health care provider states that it is medically advisable and the Employee is qualified for the Position; 234 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 70 c. Creation of a temporary light-duty assignment, or modification of the Employee’s current job on a temporary basis; d. Modifying the work schedule on a temporary basis; and/or e. Allowing more frequent restroom breaks. 8.7.8 An Employee seeking a temporary accommodation in conjunction with pregnancy or a pregnancy-related condition shall provide notice of the need for such an accommodation in advance of the needed accommodation, unless such notice is not possible. 8.7.8.1 The request for accommodation must include medical certification that documents the specific limitations the health care provider has set forth for the Employee, as well as the anticipated duration of those limitations. 8.7.8.2 The City shall engage in an interactive process with an Employee seeking a temporary accommodation in conjunction with pregnancy or a pregnancy-related condition to identify, discuss, evaluate, and implement accommodations that are consistent with the recommendations of the health care provider. 8.7.9 Employees on approved pregnancy disability leave will be required to exhaust accumulated sick leave balances before being placed on unpaid leave. However, if the Employee is receiving either short or long term disability benefits, the Employee is not required to use any of her paid time off, sick leave or accrued vacation during the qualifying leave. 8.7.10 The City will continue to pay the City’s portion of the cost of “Health Insurance” for an Employee while on an approved pregnancy disability leave to the same extent it would if the Employee were working, regardless of pay status, for a maximum of four (4) months. 8.7.10.1 “Health Insurance” is defined as medical, vision, and dental insurance. The Employee must continue to pay their Employee contribution to Health Insurance either through payroll deduction while using leave balances, or by direct payment to the City while on unpaid leave. 8.7.10.2 Coverage on a particular plan may be dropped if the Employee is more than 30 days late in making a premium payment. However, the Employee shall receive a notice at least 15 days before coverage is to cease, advising that they will be dropped if the premium payment is not paid by a certain date. 8.7.10.3 Contribution amounts for all Employees are subject to any change if changes in rates occur while the Employee is on leave. 8.7.10.4 The total combined duration of City contribution toward Health Insurance available during unpaid leaves due to any combination 235 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 71 of pregnancy disability, the Employee’s serious health condition, and family care purposes will not exceed twenty-nine and one-third (29.33) weeks in a twelve (12)-month period. 8.7.11 Leave available under the California Family Rights Act of 1993 (CFRA) will not run concurrent with Pregnancy Disability Leave. An Employee may have separate eligibility for “bonding” leave following the birth of a child under the CFRA. Refer to the City’s family and medical care leave Policy for information about eligibility requirements. 8.7.12 Employees must provide at least thirty (30) days’ advance notice of the need for pregnancy disability leave, or the need for a temporary reasonable accommodation, or transfer in conjunction with pregnancy, if the need is foreseeable. If such notice is not possible due to a change in circumstances, medical emergency, or other good cause, the Employee is required to provide notice as soon as practicable. 8.7.13 Medical certification will be required to support the need for pregnancy disability leave or other reasonable accommodation in conjunction with pregnancy or a pregnancy-related condition. 8.7.13.1 Medical certification is to be provided by the Employee’s health care provider, and must include: a. the date on which the Employee became disabled due to pregnancy; b. the anticipated duration of the period of disability; and c. an explanatory statement that, due to the disability, the Employee is unable to work at all, or is unable to perform any one or more of the essential functions of her Position without undue risk to herself, the successful completion of her pregnancy, or to other persons. 8.7.14 An Employee returning from pregnancy disability leave or temporary accommodation shall be reinstated to the same Position held prior to taking leave or undertaking a temporary accommodation in conjunction with pregnancy or a pregnancy-related condition, except as provided below. 8.7.14.1 The Employee may not be reinstated to the exact same Position if the Employee would not have been employed for reasons unrelated to the leave, such as a layoff. 8.7.14.2 If the exact same Position is not available, the Employee will be reinstated to a vacant, comparable Position. A comparable Position is one that is virtually identical to the Employee’s previously held Position, including wages, benefits, working conditions, and shift. 236 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 72 8.8 MILITARY LEAVE 8.8.1 Military leave shall be granted under the provisions of State and Federal law. To be eligible for Military leave, an employee must be a member of the “uniformed service,” United States Army, Navy, Air Force, Coast Guard, National Guard, Reserves or any other category of persons designated by the President in time of war or emergency. An employee is entitled to time off at full pay not exceed one hundred eighty (180) calendar days in a fiscal year, including time involved in going to and returning from that duty. The employment protections under Uniformed Services Employment and Reemployment Rights Act allow for up to five (5) cumulative years of military service. After five years, the military leave policy no longer applies. 8.8.2 For the purposes of this Section, “active military training” shall be defined as a period of training (i.e. encampment, naval cruises, special exercises, or like activities) which normally occurs once a year over a two- week interval. “Inactive duty for training” and “scheduled reserve drill periods” shall be defined as the weekend periods of training which are scheduled once a month. Such weekend drills do not conflict with normal working hours within the City. 8.8.3 Employees must submit a copy of military orders to their Department Director and the Employee Relations Officer prior to the beginning of the military leave period and as soon as the Employee knows of the need to request such leave, except where military necessity dictates. 8.8.4 Regular and Probationary Full-time Employees shall receive their full regular pay during the first thirty (30) calendar days of “military leave” in any one fiscal year. After the first thirty (30) days of military leave in a fiscal year, Employees may take a leave of absence without pay or they may utilize their vacation, administrative leave, or compensatory time off in order to fulfill their military duties. 8.8.5 Regular and Probationary Full-time Employees on a military leave of absence shall receive the same vacation, sick leave and holiday privileges and the same rights and privileges to promotions, continuance in office, employment, reappointment to office, or reemployment that they would have enjoyed had they not been absent. City contributions to retirement, life insurance and medical and dental plans shall be suspended after the first thirty (30) consecutive calendar days of military leave until the Employee is reinstated. However, upon approval of a leave of absence without pay, the Employee may elect to continue benefits coverage at their own expense, with the exception of retirement. 8.8.6 If an Employee is required to perform military reserve duties while on probation, their probationary period shall be extended the same length of time as the military leave. Such extensions of probationary periods which arise as a result of this policy shall not be perceived punitive, but rather as a way to 237 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 73 more accurately monitor Employee performance prior to moving to regular status. 8.8.7 The City shall reinstate those Employees returning from a military leave of one hundred eighty (180) days or less to the position they occupied prior to taking a military leave of absence or to a position of comparable Seniority, status and pay, if such position exists, upon presentation of a certificate of satisfactory completion of service, and if such Employees are qualified to return to their former Positions. 8.8.8 If no such comparable position exists, the Employee shall have the same rights and privileges that they would have had if they had occupied the position when it ceased to exist and had not taken a temporary military leave of absence. 8.8.9 Any Employee who, in time of war or national emergency as proclaimed by the President or Congress, is ordered by the military to active duty, shall have a right, if released, separated, or discharged under conditions other than dishonorable, to return to their former classification within six (6) months after termination of their active service with the armed forces, but not later than six (6) months after the end of the war or national emergency. (Reference Government Codes §§ 146, 395 and 395.05.) 8.8.10 Exceptions to this policy will occur whenever necessary to comply with applicable laws. 8.9 LEAVE OF ABSENCE WITHOUT PAY 8.9.1 Any Regular or Probationary Employee who is absent from work and not on authorized leave with pay shall be considered on an unauthorized leave of absence without pay, and will be subject to the provisions of Section 7.7 of these Policies. 8.9.2 Leave of absence without pay shall be approved in advance and in writing. Any Employee requesting a leave of absence without pay shall utilize all of their accrued Compensatory Time Off, administrative leave, vacation time, and sick leave, if appropriate, prior to the start of the leave without pay. Determination of the granting of a leave of absence without pay is not grievable. An Employee who does not receive prior written approval for a leave of absence without pay may be disciplined for such period of absence. 8.9.3 Department Directors may grant an Employee a leave of absence without pay for not to exceed forty (40) consecutive hours. Such leaves shall be reported in writing to the Employee Relations Officer. 8.9.4 A leave of absence without pay in excess of forty (40) hours must be recommended by the Department Director and approved by the Employee Relations Officer. No single leave of absence without pay may exceed three months without approval of the Department Director and the City Manager. 238 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 74 8.9.5 Any leave of absence without pay of eight (8) hours or more shall result in a pro-rata accrual of vacation, sick leave or holiday credits. An unpaid leave of absence shall extend the Employee’s Probationary Period (if applicable) for the same length of time as the leave. 8.9.6 Contributions to retirement, life insurance, medical, dental, or other designated benefit plans shall be suspended until the Employee is reinstated. City contributions to health insurance during an unpaid leave that qualifies for family and medical leave or pregnancy leave is set forth in those specific Policies. 8.9.7 Upon expiration of an approved leave of absence without pay, the Employee shall be reinstated in the classification held at the time the leave was granted. Failure on the part of the Employee to report to work promptly at the expiration of the leave shall result in the Employee being deemed to have resigned from employment. 8.10 FAMILY AND MEDICAL LEAVE 8.10.1 The City will provide up to twelve (12) weeks of family and medical care leave in a twelve (12)-month period for eligible Employees as required by State and Federal law. The following provisions set forth certain of the rights and obligations with respect to such leave. Rights and obligations that are not specifically set forth below are set forth in the Department of Labor regulations implementing the Family and Medical Leave Act (FMLA,) and the regulations of the California Family Rights Act (CFRA,) as amended. 8.10.2 City Employees who have been employed by the City for twelve (12) months and have worked one thousand two hundred and fifty (1,250) hours or more in the twelve (12) months immediately preceding the request for leave are eligible to take family and medical care leave. 8.10.3 Leave is permitted for the following reasons: a. The birth of a child or to care for a newborn of an Employee; b. The placement of a child with an Employee in connection with the adoption or foster care of a child; c. To care for an Immediate Family Member who has a serious health condition; d. Because of a serious health condition that makes the Employee unable to perform the functions of their Position; e. For a “qualifying exigency” arising out of the fact that an Employee’s Immediate Family Member is on active duty or is called to active duty status in the regular Armed Forces, National Guard or Reserves, who is deployed by the military to a foreign country; or 239 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 75 f. To care for an Immediate Family Member of the service member or veteran within five years of discharge from the military of the United States Armed Forces, National Guard or Reserves who has a serious injury or illness incurred in the line of duty while on active military duty. 8.10.4 An eligible Employee may be granted up to a total of twelve (12) Workweeks of family and medical care leave in a rolling twelve (12)-month period. This rolling twelve (12)-month period will be measured forward from the date an Employee uses any family and medical care leave. 8.10.4.1 An eligible Employee may be granted up to a total of twenty-six (26) Workweeks of military caregiver leave during a single 12-month period to care for a covered service member or veteran within five years of discharge from the military who has a serious injury or illness incurred in the line of duty on active duty for which the service member is undergoing medical treatment, recuperation, or therapy; or is otherwise in an outpatient status; or is otherwise on the temporary disability retired list. The single 12-month period shall be measured forward from the date an Employee’s first FMLA leave to care for the covered service member begins. During the single 12-month period, an eligible Employee’s FMLA leave entitlement is limited to a combined total of 26 Workweeks of FMLA leave for any qualifying reason. 8.10.4.2 Where FMLA leave qualifies as both military caregiver leave and care for a family member with a serious health condition, the leave will be designated as military caregiver leave first. 8.10.5 If leave under this Section is requested for the birth, adoption or foster care placement of a child of the Employee, leave must be concluded within one year of the birth or placement of the child. In addition, the basic minimum duration of such leave is two weeks. However, an Employee is entitled to leave for one of these purposes (e.g., bonding with a newborn) for at least one day, but less than two weeks’ duration on any two occasions. 8.10.5.1 If leave is requested to care for an Immediate Family Member or the Employee themselves with a serious health condition, there is no minimum amount of leave that must be taken. However, the Employee must comply with the notice and medical certification provisions of this Policy. 8.10.6 Family and medical care leave may be taken on an intermittent basis as separate blocks of time or on a reduced leave schedule due to a single qualifying event if it is medically necessary for medical treatment of a serious health condition, for recovery from treatment or recovery from a serious health condition, or in conjunction with a chronic serious health condition of the Employee or the Employee’s Immediate Family Member. 8.10.6.1 The Employee must provide medical certification that such leave is medically necessary. “Medically necessary” means there must be a medical need for the leave and that the leave can best be 240 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 76 accomplished through an intermittent or reduced leave schedule. It may also be taken to provide care or psychological comfort to an Immediate Family Member with a serious health condition. 8.10.6.2 Intermittent or reduced schedule leave after the birth or placement of a child for adoption or foster care may be taken only if the City agrees, unless the intermittent or reduced schedule leave is due to the mother’s serious health condition or the baby’s serious health condition. Intermittent leave must be taken in increments of at least one-half hour. 8.10.6.3 An Employee taking intermittent leave or leave on a reduced schedule for planned medical treatment or recovery from a serious health condition, or an Employee permitted to take intermittent leave or reduced schedule leave for the birth or placement of a child, may be temporarily transferred to an available alternative Position for which the Employee qualifies which better accommodates recurring periods of leave than the Employee’s regular Position. Although the alternative Position may or may not have equivalent duties, the Employee will receive equivalent pay and benefits during the time they work in the alternative Position. 8.10.6.4 Leave due to a qualifying exigency may be taken on an intermittent or reduced schedule basis. 8.10.7 Employees on approved family and medical care leave will be required to exhaust accumulated leave balances before being placed on unpaid leave, as provided below: a. If the need for leave is in conjunction with the Employee’s own serious health condition, the Employee must first exhaust accrued sick leave balances, then other leave balances, including vacation, Compensatory Time Off, and holiday time prior to moving to unpaid family and medical care leave. b. If the need for leave is in conjunction with the care of an Immediate Family Member who has a serious health condition, the Employee may use the limited allowance of sick leave hours and then must use other leave balances including vacation, Compensatory Time Off, and holiday time prior to moving to unpaid family and medical care leave. c. If the leave is requested for a non-medical reason, such as bonding after the birth of a child, the Employee must exhaust accrued vacation and other leave balances exclusive of sick leave prior to moving to unpaid family and medical care leave. (Compensatory Time Off may be voluntarily elected.) 8.10.8 If an Employee takes a leave for any reason that is FMLA/CFRA qualifying, the City may designate the requested leave as running concurrently 241 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 77 with the Employee’s 12-week FMLA/CFRA leave entitlement. Upon City designation of leave as FMLA/CFRA qualifying, written notice of such shall be provided to the Employee. 8.10.9 The City will continue to pay the City’s portion of the cost of “Health Insurance” for an Employee while they are on an approved family and medical care leave to the same extent it would if the Employee were working, regardless of pay status. 8.10.9.1 “Health Insurance” is defined as medical, vision, and dental insurance. 8.10.9.2 The Employee must continue to pay their Employee contribution to Health Insurance, either through payroll deduction while using leave balances, or by direct payment while on unpaid leave. 8.10.9.3 Coverage on a particular plan may be dropped if the Employee is more than 30 days late in making a premium payment. However, the Employee shall receive a notice at least 15 days before coverage is to cease, advising that they will be dropped if the premium payment is not paid by a certain date. 8.10.9.4 Contribution amounts for all Employees are subject to any change if changes in rates occur while the Employee is on leave. 8.10.9.5 If an Employee fails to return to work after their leave entitlement has been exhausted or expires, the City shall have the right to recover its share of Health Insurance premiums for the entire leave period, unless the Employee does not return because of the continuation, recurrence, or onset of a serious health condition of the Employee or their Immediate Family Member which would entitle the Employee to leave, or because of circumstances beyond the Employee’s control. 8.10.10 An Employee disabled by pregnancy is eligible for up to four (4) months of leave for medical disability related to pregnancy under State law. This leave may be in addition to up to twelve (12) weeks of family and medical care leave. Family and medical care leave available under the CFRA will not run concurrent with pregnancy disability leave. 8.10.10.1 The total combined duration of City contribution toward Health Insurance available during unpaid leaves due to any combination of pregnancy disability, the Employee’s serious health condition, and family care purposes under this Section will not exceed twenty-nine and one-third (29.33) weeks in a twelve (12)-month period. 8.10.11 Although the City recognizes that emergencies arise that may require an Employee to request immediate leave, the Employee is required to give as much notice as possible of their need for leave. 242 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 78 8.10.11.1 Except for qualifying exigency leave, if leave is foreseeable, at least 30 days’ written notice is required. If an Employee knows that they will need leave in the future, but does not know the exact date(s) (e.g., for the birth of a child or to take care of a newborn), the Employee is to inform their Supervisor as soon as possible that such leave will be needed; this notice may be given orally. 8.10.11.2 In the case of a qualifying exigency, the Employee shall provide the City with a copy of the covered service member’s active duty orders or other documentation issued by the military that indicate that the service member is on, or has been called to, active duty for deployment by the military to a foreign country, and the dates of the active duty service. In addition, the Employee will provide documentation that the leave is for a qualifying exigency listed in this Policy and the anticipated length of the leave. 8.10.12 Following receipt of a “Request for Medical Leave of Absence Form” the City shall, within five (5) business days, send the Employee a “Notice of Eligibility and Rights and Responsibilities.” At that time the Employee will be given at least 15 calendar days to return to the City a completed “Certification of Health Care Provider,” either for the Employee’s own serious health condition or for the serious health condition of an Immediate Family Member. 8.10.13 An Employee requesting family and medical care leave due to their own serious health condition, or the serious health condition of an Immediate Family Member, shall provide certification from the health care provider treating the individual. 8.10.13.1 When a leave is requested for the serious health condition of an Immediate Family Member, the certification must include the date, if known, on which the serious health condition commenced; the probable duration of the condition; an estimate of the time the health care provider believes the Employee needs to care for the individual; and a statement that the serious health condition warrants the participation of the Employee to provide care during treatment. 8.10.13.2 When a leave is requested for the serious health condition of the Employee, the certification shall include the information included above, and a statement that, due to the serious health condition, the Employee is unable to perform any one or more of the essential functions of their Position. 8.10.13.3 If the City has a good faith, objective reason to doubt the validity of a certification provided by the Employee for their own serious health condition, the City may require a medical opinion of a second health care provider chosen and paid for by the City. If the second opinion is different from the first, the City may require the opinion of a third provider jointly approved by the City and the Employee, but paid for by the City. The opinion of the third provider will be binding. An 243 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 79 Employee may request a copy of the health care providers’ opinions when there is a second or third medical opinion sought. 8.10.13.4 Medical certification for a military caregiver leave shall be from a United States Department of Defense, Department of Veteran’s Affairs, or other authorized medical provider. It shall indicate: a. whether the service member has incurred a serious injury or illness; b. whether the injury or illness renders the service member medically unable to perform the duties of the service member’s Position; c. whether the injury or illness was incurred in the line of duty while on active duty; d. whether the service member is undergoing medical treatment, recuperation, or therapy, or is otherwise on outpatient status, or is otherwise on the temporary disability retired list; e. the probable duration of the injury or illness; f. the frequency and duration of leave the family member requesting leave will require; and g. the family relationship of the eligible Employee to the covered service member. 8.10.13.5 When an Employee’s leave is foreseeable and at least 30 days’ notice has been provided, if medical certification is requested, the Employee must provide it before the leave begins. When this is not possible, the Employee must provide the requested certification to the City within the timeframe requested by the City (which must allow at least 15 calendar days after the employer’s request), unless it is not practicable under the particular circumstances to do so despite the Employee’s diligent, good faith efforts. 8.10.13.6 If an Employee provides an incomplete medical certification, the Employee will be given a reasonable opportunity to cure any such deficiency. However, if an Employee fails to provide a medical certification within the time frame established by this Policy, the City may delay the taking of family and medical care leave until the required certification is provided. 8.10.13.7 Recertification of the serious health condition may be requested upon the expiration of the time period the health care provider originally estimated. Re-certification from a health care provider may only be requested after the first certification has expired. 244 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 80 8.10.13.8 Upon receipt of the Certification of Health Care Provider, the City will send the Employee a family and medical care leave designation memo, indicating if the leave is approved, not approved or if additional information is needed to make a determination. If the leave is approved, the family and medical care leave designation memo will set forth any conditions of the leave that may exist beyond what are provided in the Notice of Eligibility and Rights and Responsibilities. 8.10.14 An Employee granted family and medical care leave in accordance with this Policy shall, upon returning to work, generally be reinstated to the Position of employment held before the leave commenced, or, if such a Position is not available, to an equivalent Position with equivalent employment benefits, pay, and terms and conditions of employment. Employees have no greater rights to reinstatement, benefits, and conditions of employment than if the Employee had been continuously employed during the leave period. 8.10.15 It is against City policy and State and Federal law to discriminate against any individual because that individual has exercised their right to family and medical care leave or leave taken under the CFRA. 8.10.16 An Employee who fraudulently obtains or uses leave under the CFRA is not protected by job restoration or maintenance of health benefit provisions of that Act. 8.11 SCHOOL ACTIVITIES LEAVE 8.11.1 Parents, guardians, grandparents, or individuals serving as parents with custody of minor children are entitled to take up to forty (40) hours of time off work each year to attend school-related activities for the following reasons: a. when a student has been suspended and the parent, guardian or grandparent is required to appear at the school pursuant to the school’s request; and/or b. to attend designated child-related activities. Child-related activities include: attending school functions, activities and programs; finding, enrolling or reenrolling a child in a school or with a licensed child care provider; addressing a child care or school emergency, including closure or unexpected unavailability of the school (excluding planned holidays), or a natural disaster. 8.11.2 Except for the need to address a child care provider or school emergency, the use of school activities leave is limited to eight (8) hours per month. 8.11.3 The City may require proof of an Employee’s participation in the above- referenced activities. 245 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 81 8.11.4 The Employee must provide reasonable advance notice to their Supervisor before taking any time off under this Policy. 8.11.5 Employees must use accrued paid time off for the absence. If the Employee does not have any accrued paid time off, the absence will be unpaid. 8.12 TIME OFF FOR CRIME VICTIMS 8.12.1 Employees who have been victims of serious or violent felonies, as specified under California law, or felonies relating to theft or embezzlement, may take time off work to attend judicial proceedings related to the crime. 8.12.2 Employees also may take time off if an Immediate Family Member has been a victim of such a crime and the Employee needs to attend judicial proceedings related to the crime. 8.12.3 Employees must give their Supervisor a copy of the court notice given to the victim of each scheduled proceeding before taking time off, unless advance notice to the City of the need for time off is not feasible. When advance notice is not feasible, the Employee must provide the City with documentation evidencing the judicial proceeding, within a reasonable time after the absence. The documentation may be from the court or government agency setting the hearing, the City Attorney or prosecuting attorney’s office, or the victim/witness office that is advocating on behalf of the victim. 8.12.4 Employees will be paid under this Section only to the extent they have accrued vacation or Compensatory Time Off available. 8.13 VOTING TIME OFF 8.13.1 In the event an Employee does not have sufficient time outside of working hours to vote in an election, the Employee may take a limited amount of time off without loss of pay to vote. 8.13.2 Voting time off should be taken at the beginning or end of the regular work schedule, whichever allows the most free time for voting and the least time off from work. An Employee will be allowed a maximum of two (2) hours of voting leave on Election Day. 8.13.3 Employees should notify their Supervisor of the need for time off to vote at least three (3) working days prior to Election Day. 8.14 DISABILITY LEAVE 8.14.1 Regular Full-time Employees may be eligible for unpaid disability leave from the City for non-industrial illness or injury of a significant nature which would not be covered by the terms of Section 8.3 Sick Leave, or Section 8.10, Family and Medical Leave; although these leaves may run concurrently with disability. Disability leave requires that the Employee’s attending physician certify that the Employee is medically unable to work and indicate the estimated length of leave necessary. 246 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 82 8.14.2 During said disability leave, the Employee has the option of using accrued sick leave, vacation, Compensatory Time Off or administrative leave allowances, as well as disability pay, and thus, continuing to receive full pay. City pay will cease when all accrued allowances have been used and the Employee will receive only disability pay. 8.14.3 When an Employee is on unpaid disability leave, the City shall continue its share of payment for insurance benefit premiums (i.e., health, life, AD&D, disability, vision and dental) for the Employee and their dependents. The City’s continuation of payment of PERS retirement contributions is based upon the Employee’s amount of leave used. Vacation time, sick leave, administrative leave, and holidays shall not accrue during a disability leave unless the Employee is continuing to receive their full customary pay by utilizing accrued sick leave, vacation, Compensatory Time Off or administrative leave allowances. If an Employee elects to receive pay for less than their full customary pay, Employee benefits (other than the insurance benefits listed above) shall be pro-rated. 8.14.4 If an Employee’s disability leave exceeds twelve (12) Workweeks and the Employee is not on paid status by virtue of continuing to utilize at least half (50%) of the hours needed per pay period to receive a full paycheck through the use of their accrued sick leave, vacation, Compensatory Time Off or administrative leave allowances, or leave donated under the VLTP referred to in Section 8.2.5 of these Policies, participation in the group health insurance plan shall terminate unless the Employee elects to retain said coverage at the Employee’s expense. This coverage shall be available under the same requirements and restrictions of the COBRA continuation as provided by the City’s health insurance carrier. City contribution to group health insurance plans for a disability that also qualifies for family and medical leave or pregnancy leave is set forth in those specific Policies. 8.14.5 If an Employee takes a disability leave while on probation, the Probationary Period shall be extended the same length of time as the disability leave. Any extension of the Probationary Period shall not be perceived punitive, but rather as a way to more accurately evaluate Employee performance prior to moving to regular status. 8.14.6 Before returning to work following a disability leave of absence, the Employee shall submit a verification from their attending physician stating that the Employee is able to return to work. Unless the leave is otherwise extended, the Employee shall be required to return to work full-time. 8.14.7 Upon expiration of the approved leave, the Employee shall be reinstated to their former Position or to a comparable one if the former Position is abolished during the period of leave and the Employee would otherwise not have been laid-off. The comparable Position is one having similar terms of pay, location, job content and promotional opportunities. Failure to return to work after the authorized leave causes the Employee to have no reinstatement rights. 247 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 83 8.14.8 The City will hold a Position available for an Employee on disability leave for up to twelve (12) Workweeks. Beyond that length of time, the City may, at its sole discretion, elect to permanently replace the Employee. 8.14.9 The terms, conditions, and benefits under the City’s disability leave are subject to the provisions of disability insurance program in effect at the time the disability leave is requested. Benefits are subject to change at any time by the City. Employees should inquire about disability leave through the Office of the Employee Relations Officer. 248 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES Page 84 SECTION 9 HEALTH AND SAFETY Each Employee shall comply with all applicable safety laws, Policies, and regulations, all safety practices, use personal protective equipment as required and provided by the City, render every possible aid to safe operations, and report to the Supervisor, Department Director or Safety Committee all unsafe conditions or practices. 9.1 INJURY AND ILLNESS PREVENTION PROGRAM The City will institute and administer a comprehensive and continuous occupational Injury and Illness Prevention Plan (IIPP) for all Employees. The health and safety of the individual Employee, whether in the field, shop, or office, takes precedence over all other concerns. Management’s goal is to prevent accidents, to reduce personal injury and occupational illness and to comply with all safety and health standards. 9.1.1 Program Administration Overall responsibility for the development, implementation, and monitoring of the IIPP shall be vested with the City Manager. Day-to-day responsibility for the IIPP shall be assigned to the (DESIGNATE POSITION). Duties of the IIPP Administrator include but are not limited to: a. Ensuring that all Supervisors are trained in workplace safety and are familiar with the safety and health hazards to which Employees under their immediate direction may be exposed, as well as applicable laws, regulations, and the City’s safety rules and policies; b. Ensuring that Employees are trained in accordance with this program; c. Inspecting, recognizing, and evaluating workplace hazards, including repetitive stress, on a continuing basis; d. Developing methods for abating workplace hazards; e. Ensuring that workplace hazards are abated in a timely and effective manner; f. Maintaining current certification in CPR and first aid training; and g. Maintaining Safety Binders, which include safety information on equipment and materials used at the City. 9.1.2 Employee Compliance 9.1.2.1 All Employees are responsible for carrying out the IIPP in their work areas. A copy of the IIPP shall be available from the IIPP Administrator or the City Manager, who shall be able to answer Employee questions about the program. 249 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 85 9.1.2.2 Employees in safety Positions will have safe and healthful work practices recognized and documented on their performance reviews. 9.1.2.3 Employees who are unaware of correct safety and health procedures will be trained or retrained by the IIPP Administrator and/or their Supervisor, and this training will be documented in the Employee’s training record. 9.1.2.4 Willful violations of safe work practices may result in Disciplinary Action in accordance with City Policies. 9.1.3 Communication 9.1.3.1 Matters concerning occupational safety and health will be communicated to Employees by means of written documentation, staff meetings, formal and informal training, and posting. 9.1.3.2 Communication from Employees to the IIPP Administrator about unsafe or unhealthy conditions is encouraged and may be verbal or written, as the Employee chooses. The Employee may use the Unsafe Condition Form and remain anonymous. 9.1.3.3 No Employee shall be retaliated against for reporting hazards or potential hazards, or for making suggestions related to safety. 9.1.3.4 The results of the investigation of any Employee’s safety suggestion or report of hazard will be distributed to all Employees affected by the hazard, or posted on appropriate bulletin boards. 9.1.4 Inspections 9.1.4.1 The IIPP Administrator or designee will conduct monthly inspections to identify unsafe work conditions and practices. The monthly inspection will also include all safety items, such as fire extinguishers, eye wash stations, fire/smoke alarms and wash facilities. 9.1.4.2 Employees are required to inspect equipment and the work site for unsafe conditions before beginning work each day. 9.1.4.3 The IIPP Administrator or designee is also required to inspect new substances, processes, procedures, or equipment introduced into the workplace for occupational safety and work hazards. 9.1.5 Accident and Incident Investigation 9.1.5.1 All work-related accidents shall be investigated by the City in a timely manner. Reported minor accidents and near misses shall be investigated as well as serious incidents. A “near miss” is an incident which, although not serious in itself, could have resulted in serious injury or significant property damage. 250 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 86 9.1.5.2 The investigation must obtain all the facts surrounding the occurrence including, but not limited to: what caused the situation to occur; who was involved; was/were the Employee(s) qualified to perform the functions involved in the accident or near miss; were they properly trained; were proper operating procedures followed, and if not, why not; where else this or a similar situation might exist, and how it can be corrected. A written report of the investigation shall be prepared and submitted to the Department Head. 9.1.5.3 The accident and incident investigator (IIPP Administrator or person designated by the City Manager) must determine which aspects of the operation or process require additional attention to eliminate the cause of the accident or near miss. 9.1.5.4 Actions already taken to reduce or eliminate the exposures being investigated should be noted, along with those remaining to be addressed. Any interim or temporary precautions should also be noted. Any pending corrective action and reason for delaying its implementation shall be identified. 9.1.5.5 Corrective action shall be identified in terms of how it will prevent a recurrence of the accident or near miss in the future. 9.1.6 Correction of Unsafe or Unhealthful Conditions 9.1.6.1 Whenever an unsafe or unhealthful condition, practice or procedure is observed, discovered, or reported, the IIPP Administrator will take appropriate corrective measures in a timely manner based upon the severity of the hazard. Employees will be informed of the hazard and the interim protective measures taken until the hazard is corrected. 9.1.6.2 Employees may not enter an imminent hazard area without appropriate protective equipment, training, and prior specific approval given by the IIPP Administrator. 9.1.7 Training 9.1.7.1 The IIPP Administrator or designee shall assure that the Supervisors receive training on recognizing the safety and health hazards to which Employees under their immediate direction may be exposed. 9.1.7.2 Supervisors are responsible for seeing that those under their direction receive training on general workplace safety, and specific instructions regarding hazards unique to any job assignment. 9.1.7.3 This safety training will be provided: a. To all Employees and those given new job assignments for which training was not previously received; 251 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 87 b. Whenever new substances, processes, procedures or equipment introduced to the workplace present a new hazard; and/or c. Whenever the employer is made aware of a new or previously recognized hazard. 9.1.7.4 When supervisory staff are unable to provide the required training themselves, they shall request that the training be given by others or designees. 9.1.8 Record Keeping 9.1.8.1 The IIPP Administrator or designee shall keep records of inspections, including the name of the person(s) conducting the inspection, the unsafe conditions and work practices identified, and action taken to correct those identified unsafe conditions and work practices. The records shall be maintained for three years. 9.1.8.2 The IIPP Administrator or designee shall also keep documentation of safety and health training attended by each Employee, including Employee name or other identifier, training dates, type(s) of training, and training providers. This documentation shall be maintained for three years. 9.1.8.3 The IIPP Administrator or designee shall keep records of all Employees’ safety and health-related certifications, including specifically certifications for pesticide application, first aid, and cardiopulmonary resuscitation. The IIPP Administrator or designee shall advise Employees of the expected expiration of certifications in a timely manner so that certifications can be kept current. The IIPP Administrator or designee shall notify the Department Head immediately of the expiration of any Employee’s required certification. 9.1.8.4 The Department Heads shall ensure that all required Employee certifications for Employees within their respective departments are maintained. 9.2 ON-THE-JOB-INJURIES AND WORKERS’ COMPENSATION COVERAGE 9.2.1 All injuries and illnesses arising out of and incurred in the course of employment with the City, including first aid injuries, shall be reported immediately to the appropriate Supervisor. The Supervisor shall immediately notify Human Resources of the accident. Human Resources shall be responsible for completing an “Employer’s Report of Occupational Injury or Illness” within five (5) days of knowledge of occupational injury or illness which results in lost time beyond the day of the incident. Human Resources shall give the injured Employee a Workers’ Compensation Claim Form (“DWC-1”) within one working day of employer knowledge. The only exception to providing a Claim Form is with respect to “first aid claims.” 252 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 88 9.2.2 Under California State law, any Employee sustaining an injury or illness arising out of and in the course of employment may be entitled to: a. All reasonable and necessary medical care for a work-related injury or illness; and/or b. “Temporary disability” payments in lieu of lost wages, commencing three (3) days after the first full day of lost time. 9.2.3 If an occupational injury or illness is severe and requires immediate medical attention, first aid should be rendered and medical treatment should be obtained at the closest City-designated medical treatment facility. For severe accidents occurring outside the City limits, medical treatment should be obtained at the closest medical facility. Use of paramedic services is automatically authorized if the injury is life threatening. 9.2.4 In the case of an occupational injury which requires medical attention within the first twenty-four (24) hours or develops symptoms after the first twenty-four (24) hours following the injury, the Employee shall immediately notify their Supervisor and the Employee’s Supervisor shall notify the Employee Relations Officer. If the Employee has not submitted a properly completed “Employee Pre-Designation of Personal Physician” form to the Employee Relations Officer for treatment of job-related injuries prior to the date of injury, all medical treatment shall be provided through the City’s designated medical service providers for the first thirty (30) days after the date of the injury. 9.2.5 If the Employee has submitted a properly completed “Employee Pre- Designation of Personal Physician” form to the Employee Relations Officer for treatment of job-related injuries, an appointment may be scheduled with the Employee-designated medical service provider. The Employee may also elect to treat with the City’s designated medical service provider. 9.2.6 A Regular Full-time or Regular Part-time Employee who is unable to perform regular or modified duties because of an injury or illness arising out of and in the course and scope of the Employee’s duties shall suffer no loss in pay or accrued sick leave for absence from work because of such disability for a period of twenty-six (26) weeks. City-paid Workers’ Compensation salary continuation is in lieu of “temporary disability benefits.” 9.2.7 Employees with injuries or illnesses that persist beyond twenty-six (26) weeks may be eligible for Workers’ Compensation temporary or permanent disability payments as defined by State law. The portion of workers’ compensation salary continuation that represents payment for lost time at the statutory “Temporary Disability” rate is nontaxable. 9.2.8 Workers’ Compensation salary continuation shall commence with the first full day of lost time after the Employee has been placed on temporary disability for a work-related injury or illness, and the Employee is not able to return to work, either on regular or modified duty, and shall conclude with: 253 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 89 a. the Employee’s return to work in a regular or modified capacity for the City or any other employer; or b. termination of such temporary disability by the medical provider; or c. upon reaching a maximum medical improvement, as determined by competent medical evidence; or d. upon the completion of twenty-six (26) weeks of on-the-job injury leave, whichever comes first. 9.2.9 While the City is not required by law to provide the following benefit, a Regular Full-time or Regular Part-time Employee shall not be required to use accrued sick leave for medical treatment, including doctor’s appointments and/or physical therapy appointments, related to an active, accepted Workers’ Compensation claim. Such leave shall be denoted as “Workers’ Compensation Leave” on the Employee’s time sheet. Appointments should be scheduled for the lunch hour or before or after work whenever possible to minimize the impact on the City’s operations. 9.2.10 City policy allows for Regular Full-time and Regular Part-time Employees unable to perform their regular or modified duties due to an injury or illness arising out of and in the course of their employment to integrate their accrued benefits at the expiration of the Workers’ Compensation salary continuation has ceased. Integration of accrued benefits with the temporary disability payment will result in a payment equal to such an Employee’s regular “take-home” compensation. City contribution to health insurance will continue until the Workers’ Compensation salary continuation has ceased (26 weeks). 9.2.11 If an Employee experiences a Workers’ Compensation-related injury or illness while on probation, the Employee’s Probationary Period shall be extended the same length of time as the injury or illness. Such extensions of the Probationary Period which arises as a result of this Policy shall not be viewed as punitive, but rather as a way to more accurately evaluate Employee performance. 9.2.12 The City maintains its right to require that an Employee provide regular physician’s certification of work status, and see a City-designated physician, agreed-to medical examiner, or other authorized medical provider on a periodic basis to determine the Employee’s disability status. If an Employee is given work restrictions by the physician, the City will initiate an accommodation review to determine if the Employee is able to return to work with or without reasonable accommodation. 9.2.13 The City also maintains its right to require an Employee to return to work on a “limited duty” status, provided that there is an assignment that is consistend with the limitations set forth by the treating physician. Such limitations may be reviewed by the City designated physician. Approval for a temporary “limited duty” assignment is required by both the Employee 254 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 90 Relations Officer and the Department Director. Such “limited duty” status must be of a temporary nature, and does not have to be in the same Position or department. In no instance will a limited duty assignment exceed twenty-six (26) weeks. 9.2.14 Additional information concerning Workers’ Compensation Leave or benefits may be obtained by contacting the Employee Relations Officer. 9.3 WORKPLACE VIOLENCE 9.3.1 The City does not tolerate any act or behavior which can be perceived as threatening, hostile, and/or violent. No Employee shall make any threat, either physical or verbal, against a co-worker, Supervisor or member of the public. No Employee other than those Employees required by their position to do so, shall bring a weapon to any City facility, including parking lots and public streets outside or immediately adjacent to a City building, or place a weapon in a City vehicle or equipment. Violation of this “zero tolerance” policy will lead to discipline, up to and including termination. 9.3.2 An Employee may bring a personal defense chemical spray to a City facility, including parking lots and public streets outside or immediately adjacent to a City building, or place the personal defense chemical spray in a City vehicle or equipment only if approved by their Department Director, having demonstrated a legitimate need and having obtained any necessary certification. 9.3.3 All Employees are required to report immediately to their Supervisor and Department Director any threats or incidents of violence. Supervisors and Department Directors are required to investigate incidents of violence or threats of violence to maintain department safety. 9.3.4 The Workplace Violence Safety Act, Section 527.8 to the California Code of Civil Procedure, allows employers to seek temporary restraining orders (TRO) and injunctions to protect Employees who have been the subject of actual or threatened unlawful violence in the workplace. 9.4 DRUG AND ALCOHOL-FREE WORKPLACE It is the intent of the City to maintain a workplace that is free of drugs and alcohol and to discourage drug and alcohol abuse by its Employees. The City has a vital interest in maintaining safe and efficient working conditions for its Employees. Substance abuse is incompatible with health, safety, efficiency and service to the public. Employees who are under the influence of a drug or alcohol on the job compromise the City’s interests, endanger their own health and safety and the health and safety of others, and can cause a number of other work-related problems, including absenteeism and tardiness, substandard job performance, increased workloads for co-workers, behavior that disrupts other Employees, delays in the completion of jobs, and disruption of service to the public. 255 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 91 9.4.1 Prohibited Activity 9.4.1.1 While on paid duty time or on City property, including in City vehicles or while operating City equipment, Employees shall not consume or possess alcoholic beverages or consume or possess controlled substances. Employees shall not work or be at work while under the influence of any controlled substance (as defined herein), without written authorization from a qualified physician and the Employee’s Supervisor. 9.4.1.2 The use or possession of alcohol or impairing drugs, including illegal drugs and drugs without a prescription during working hours or while subject to duty, on breaks, during meal periods or at any time while on City property. 9.4.1.3 Reporting to work or being subject to duty while the Employee’s ability to perform job duties is impaired due to on- or off-duty alcohol or drug use. 9.4.1.4 The unlawful manufacture, distribution, dispensing, possession, or consumption of any controlled substance is prohibited on the job, in the City’s workplace, or while subject to duty (i.e. standby). 9.4.1.5 Directly or through a third party selling or provding drugs or alcohol to any person, including any Employee, while either or both Employee’s are subject to being called to duty. 9.4.2 For the purposes of this Section, the following shall be defined as: a. “Abuse of any legal drug” means the use of any legal drug, including prescription drugs, (a) for any purpose other than the purpose for which it was prescribed or manufactured; or (b) in a quantity, frequency or manner that is contrary to the instructions or recommendations of the prescribing physician or manufacturer. b. “Controlled substance” denotes any substance which could potentially impair the Employee’s ability to effectively and safely perform the functions of their duties, including, but not limited to: alcohol, coca leaves, cocaine, marijuana, opium and opiates, amphetamines, methamphetamine, lysergic acid (L.S.D.), etc. As outlined below, certain prescription drugs and medications shall also be classified as controlled substances. c. “Conviction” is a finding of guilt (including a plea of no contest), an imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes. d. “Reasonable suspicion” includes a suspicion that is based on specific personal observations, such as an Employee’s manner, 256 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 92 disposition, muscular movement, appearance, behavior, speech or breath odor; information obtained from a reliable person with personal knowledge; an accident involving City property, where it appears the Employee’s conduct is at fault; physical altercation, verbal altercation, or unusual behavior. Reasonable suspicion may also be based on an Employee’s possession of drugs, alcohol or paraphernalia in the work place or on City property. 9.4.3 The use of prescription drugs which would not alter an Employee’s work performance is acceptable, if prescribed in writing, by a qualified physician. Employees must notify their Supervisor before beginning work when taking drugs (prescription or nonprescription) which may interfere with the safe and effective performance of their duties. In the event there is a question regarding an Employee’s ability to perform assigned duties safely and effectively while using such drugs, a written clearance from a qualified physician shall be required before the Employee is allowed to resume the Employee’s regular duties. 9.4.4 Having a Medical Marijuana Card and/or a cannabis prescription from a physician does not allow an Employee to use or possess any cannabis products (marijuana, hash, or hash oil) on City property, while working as an Employee, or while on Stand-by and subject to return to work. The Federal government still classifies cannabis as an illegal drug, even if California has decriminalized its possession or use. Unlike .08 blood alcohol levels, as yet there is no acceptable level of driving impairment when it comes to cannabis use and driving City equipment or vehicles. Employees are still subject to testing under the City’s reasonable suspicion, post-accident, or “safety-sensitive Employee” Policies, and receiving discipline, suspension, or termination for a positive cannabis test. 9.4.5 Toward reaching this goal of a drug and alcohol-free workplace, the City may conduct pre-employment drug or alcohol testing of applicants for City Positions that require more than incidental driving or performance of other safety-sensitive functions as part of their regular duties, as defined in the approved job descriptions. Pre-employment drug or alcohol tests shall apply only to non-City Employees; City Employees who apply for another City position shall not be subject to pre-employment drug or alcohol tests. Any applicant who tests positive, as outlined in this Policy, or the Department of Transportation Alcohol and Drug Testing Policy set forth in Section 9.5, shall be disqualified from consideration for employment for a period of six (6) months. 9.4.6 The City reserves the right to require that an existing Employee undergo testing if the City determines that reasonable suspicion exists to believe that the Employee is under the influence of any illegal drug or controlled substance, as defined in this Section. Reasonable suspicion shall, whenever possible, be evaluated based on personal observations by the Department Director or a Supervisor who is familiar with the Employee’s normal behavior. Information 257 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 93 which is obtained from a reliable person with personal knowledge of the Employee may also be utilized in appropriate circumstances. 9.4.7 In the event that an Employee suspects that their Supervisor is under the influence of drugs or alcohol, the Employee may submit a written or oral complaint which contains detailed information regarding the allegation of alcohol or substance abuse to the Supervisor’s superior. 9.4.8 All City lockers, desks, cabinets, vehicles, and computer files are the property of the City and are subject to search without the Employee’s consent by City management at any time with or without notice. Refusal to cooperate with a search may result in disciplinary action, up to and including termination. Unless the Supervisors are directed otherwise by the Employee Relations Officer, Employees will be given the opportunity to be present when the search is conducted. 9.4.9 If an Employee voluntarily wishes to participate in a drug or alcohol rehabilitation program, and has not been found to have violated the City’s Policies concerning drugs or alcohol, the City shall make every reasonable effort to assist in placing that Employee with an available Employee Assistance Program or service for purposes of rehabilitation, in-lieu of disciplinary action or criminal prosecution. If, in such cases, the Employee refuses to attend and complete an Employee Assistance Program or service, the Employee will be subject to the disciplinary procedures which are outlined in these Policies. 9.5 DEPARTMENT OF TRANSPORTATION ALCOHOL AND DRUG TESTING 9.5.1 This policy establishes guidelines in compliance with the Federal Omnibus Transportation Employee Testing Act of 1991 (Omnibus Act), the Department of Transportation Federal Highway Administration (FHWA) Regulations of 1994 and the California Vehicle Code. 9.5.2 Each of these measures requires that regular drug and alcohol testing be performed on Employees in safety-sensitive Positions who operate specified commercial vehicles. 9.5.3 In addition to meeting the compliance requirements set forth above, the City’s objectives in establishing this policy are to: a. protect the safety of the public at large; b. ensure the highest quality of public service possible; c. provide a safe working environment for City Employees; d. promote efficiency and productivity; and e. encourage Employees who are concerned about their drug and/or alcohol use to voluntarily seek assistance. 9.5.4 As applicable to this Policy: 258 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 94 9.5.4.1 Covered Employees. The Department of Transportation drug and alcohol testing rules apply to City Employees who operate the following: a. a vehicle with gross combination weight of at least 26,001 pounds, inclusive of a towed unit with a gross vehicle weight rating (GVWR) of more than 10,000 pounds; b. a vehicle of over 26,001 GVWR; c. a vehicle placarded under Department of Transportation hazardous material regulations; and d. a vehicle designed to transport 16 or more passengers, including the driver. 9.5.4.2 Safety-Sensitive Functions. “On-duty” time for safety-sensitive functions commences at the time covered Employees begin to work or are required to be in readiness for work until the time they are relieved of work responsibilities. “On-duty” time includes the following safety- sensitive functions: a. driving the vehicle; b. performing maintenance on the vehicle; c. inspecting the vehicle; d. loading or unloading the vehicle; e. supervising or assisting the loading or unloading of a vehicle; and f. waiting to load or unload the vehicle or to be dispatched. 9.5.4.3 Prohibited Acts. Covered Employees shall not engage in any of the following behaviors while performing or waiting to perform a safety- sensitive function: a. Drugs i. report to duty or remain on duty in a safety- sensitive capacity when using any drug; ii. possess while on duty; iii. consume at any time; and iv. test positive. Note: Prescription drugs may be allowed, as needed, pursuant to advance notification to the appropriate Supervisor, along with the doctor’s recommendation regarding instructions and possible side effects as they relate to the Employee’s job duties. b. Alcohol 259 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 95 i. report for duty or remain on duty in a safety- sensitive capacity while having a blood alcohol level of 0.02 or greater; ii. use or possess alcohol while performing safety- sensitive functions; iii. perform safety-sensitive functions within four hours after using alcohol; and iv. use alcohol for 8 hours after an accident or until tested, whichever is first. c. Drug and Alcohol i. refusal to submit to drug and/or alcohol testing as required by the Omnibus Act; is deemed as a positive test; ii. report to duty or remain on duty to perform a safety-sensitive function after refusing to submit to drug and/or alcohol testing required under the regulations; and iv. fail to advise the immediate Supervisor when other Employees have actual knowledge that an Employee is in violation of these rules. 9.5.4.4 Drug Testing. Pursuant to FHWA regulations, urine specimens shall be screened for the following substances: a. Amphetamines/Methamphetamine (i.e., Speed and Crystal); b. Cocaine; c. Opiates (i.e., Codeine, Heroin, and Morphine); d. Phencyclidine (PCP); and e. THC (Marijuana). The testing is a two-stage process. If the initial screening is positive for one or more of the above drugs, then a confirmation test is performed for each identified drug using state-of-the-art gas chromatography/mass spectrometry (GC/MS) analysis. GC/MS ensures that over-the-counter medications are not reported as positive tests. 9.5.4.5 Alcohol Testing. The regulations require an evidential breath testing device (EBT) approved by the National Highway Traffic Safety Administration (NHTSA) for the testing of alcohol use. An alcohol testing form is completed by the Employee and a certified breath alcohol technician (BAT) to ensure the results are properly recorded. Two breath tests are required to determine if the Employee has a prohibited alcohol concentration. A screening test is conducted first. Any result less than 0.02 alcohol concentration is considered a negative test, and no further testing is required. 260 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 96 If the alcohol concentration is 0.02 or greater, a second or confirmation test shall be conducted. When a confirmation test is required, the EBT equipment shall print the screening and confirmation test numbers in sequential order. The device shall also print the result, date, and time of both tests, along with the name and serial number of the EBT equipment in order to ensure the reliability of the results. Any action taken will be based on the confirmation test result. 9.5.4.6 Types of Tests Required. The following tests are required for covered Employees who perform safety-sensitive functions: a. Pre-employment Testing. Prior to hire or assignment to a position covered by this policy, the applicant or Employee shall undergo testing for drugs. Failure to pass the test shall be deemed a basis upon which employment or assignment to a safety-sensitive position shall be denied. b. Random Selection. Regulations require regular random testing of all Employees covered by this policy. The ongoing testing will be conducted on an unannounced basis before, during, or immediately after the performance of safety-sensitive functions. Employees will have an equal chance of being selected. All eligible Employees’ names will be placed in a pool, from which names are drawn on a “reasonably random” basis. Once an Employee’s name is pulled for testing, their name will be returned to the pool. Therefore, it is feasible for the same Employee to be tested repeatedly while participating in a true random testing process. The selection of Employees for random drug and alcohol testing will be made by a scientifically valid method. The regulations specifically require that random testing be performed as follows: i. Drugs - Fifty percent (50%) of the total number of covered Employees shall be tested annually. ii. Alcohol - Twenty-five (25%) percent of the total number of covered Employees shall be tested annually. c. Reasonable Suspicion. The City shall require a covered Employee to be tested upon reasonable suspicion for the use of drugs or alcohol. “Reasonable suspicion” or “cause” means that a trained Supervisor believes that the actions, appearance, speech, body odors, or conduct of an on-duty Employee is indicative of the use of drugs or alcohol. Reasonable suspicion testing may be conducted before, during, or after an Employee performs safety- sensitive functions. i. The determination that a reasonable suspicion exists to require an Employee to undergo a drug or 261 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 97 alcohol test must be based on specific, objective, and contemporaneous facts concerning the behavior, appearance, speech, or body odors of the Employee. The determination must also be based on the Supervisor’s direct observations of the behaviors and not on hearsay. The Supervisor(s) witnessing the impairment must document the specific observations upon which the reasonable suspicion is based. ii. Where there is a reasonable suspicion that the Employee is under the influence of drugs or alcohol, the Supervisor shall arrange for the Employee to be transported to the testing facility and then driven home. The Employee shall not be permitted to transport themself. d. Post-Accident. For purposes of this policy, an “accident” is defined as an incident involving a commercial vehicle in which one or more of the following occurs: loss of human life; bodily injury to persons; disabling damage to any of the vehicles involved; or issuance of a traffic citation to the City Employee following any type of vehicle collision. The following criteria apply when conducting drug and alcohol tests due to an accident: i. A breath alcohol test must be administered as soon as possible. If not within two hours following the accident, the employer/supervisor must prepare and maintain records stating why testing was not completed. At that time, every effort should be made to ensure that a breath alcohol test is performed within eight hours following the accident. If testing has not occurred within eight hours, attempts to test should be discontinued, and the employer/supervisor must record why they were unable to administer the required test. ii. A drug screening test must be initiated prior to the 32nd hour following an accident. If the test is not administered as required, the employer/supervisor must document the reasons testing was not performed. iii. The Employee must remain readily available for testing or they will be deemed to have refused the test (see Refusal to Consent). This rule does not require the delay of necessary medical attention for injured persons following the accident nor prohibit the Employee from leaving the scene to obtain assistance or necessary emergency medical care. 262 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 98 iv. An Employee subject to post-accident testing may not use alcohol within eight hours following the accident or before an alcohol test, whichever comes first. v. Testing will not be conducted on any deceased Employee. e. Return-to-Duty. Testing shall be conducted on any covered Employee who has violated the prohibited drug and alcohol standards and is accepted into a return-to-duty status. Prior to resuming their safety-sensitive functions, the Employee must undergo a new drug and/or alcohol test. The test results must be negative for the Employee to return to work. If applicable, the Employee shall be referred to a Substance Abuse Professional for further assessment. f. Follow-up. Any covered Employee identified by the Substance Abuse Professional as needing assistance will be subject to follow-up testing upon returning to duty. A minimum of six unannounced tests will be performed over the following twelve month period. Follow-up testing may be extended for up to 60 months following return-to-duty. The same criteria used for the return-to-duty testing will be used for any follow-up testing. Such testing shall not be subject to the random testing selection procedures. Moreover, follow-up testing may include tests for other substances beyond the Employee’s initial positive test of drug and/or alcohol use when the Substance Abuse Professional has reason to believe that additional testing is warranted. If follow-up testing is required, the Employee assumes full responsibility for paying the follow-up testing expenses. 9.5.4.7 Employee Consent. Before a drug or alcohol test is administered, the covered Employee will be asked to sign a consent form authorizing the test and permitting release of the test results to the appropriate City representative. The consent form shall provide a space to acknowledge that the Employee being tested has been advised of the drug and alcohol testing policy. 9.5.4.8 Refusal to Consent. An Employee that refuses to submit to drug or alcohol testing required by the City shall be prohibited from performing or continuing to perform safety-sensitive functions. An Employee’s refusal to submit to drug or alcohol testing required by the City for any reason may also result in disciplinary action, up to and 263 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 99 including termination. Refusal to consent shall include, but is not limited to: a. failure to provide adequate breath for alcohol testing, without valid medical explanation, after being notified of the requirement for breath testing; b. failure to provide an adequate urine sample for testing, without a genuine inability to provide a specimen (as determined by medical evaluation), after being notified of the requirement for urine testing; and c. engaging in conduct that clearly obstructs the testing process. 9.5.4.9 Consequences of Positive Test Results. If drug and/or alcohol test results are positive, the Employee may be disciplined, up to and including termination. If the Employee is not terminated, the Employee’s Supervisor or other authorized manager shall: a. Immediately remove any Employee who has engaged in prohibited drug or alcohol use from their safety-sensitive functions. b. If the alcohol concentration level is greater than 0.02, but less than 0.04, the Employee may not return to their safety- sensitive function for a minimum of 24 hours and until another breath alcohol test is administered, and the result is less than a 0.02 concentration. c. If the alcohol concentration level is greater than 0.04 or a drug screening test is positive for any of the prohibited controlled substances, the Employee will be removed from their safety- sensitive position until: i. They undergo evaluation and, where necessary, rehabilitation; ii. a Substance Abuse Professional determines that the Employee has successfully complied with any required rehabilitation; and iii. the Employee undergoes a return-to-duty test with a result of a blood alcohol concentration of less than 0.02 if the Employee initially tested positive for alcohol, and/or with a negative test result for controlled substances if the Employee initially tested positive for controlled substances. Any treatment or rehabilitation may be provided in accordance with City policy. The City is not required under these 264 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 100 circumstances to provide rehabilitation, pay for treatment, or to reinstate the Employee to safety-sensitive position. d. If the Employee is permitted to return to work, they must have a negative test result on the return-to-duty test. e. Unannounced follow-up testing will be performed on any Employee returned to their safety-sensitive duties. f. Arrangements will be made for alternative transportation when test results are positive for drugs or an alcohol concentration of 0.02 or greater. 9.5.4.10 Substance Abuse Professional. The City will only provide an assessment by a Substance Abuse Professional. Under this policy, the City has no obligation to provide or pay for further treatment, as this is the responsibility of the Employee. Some financial assistance may be available under the City’s health insurance plan. 9.5.4.11 Testing Records. Records shall be maintained on test results, prevention programs, policies, training, drug use and alcohol misuse, refusals to submit to testing, employee evaluations, and annual summary of the City’s testing program. The retention period for the records is as follows: a. Five-Year Retention Period. This pertains to the results of alcohol tests of 0.02 or higher, confirmed positive drug tests, documentation of any Employee who has refused to submit to a required drug or alcohol test, employee assessments and referrals by the Substance Abuse professional, and each calendar year summary. b. Two-Year Retention Period. This pertains to records documenting the collection process for the drug and alcohol tests and training. c. One-Year Retention Period. This pertains to any alcohol test results which are less than 0.02 and the documentation of any negative or canceled drug test. 9.5.4.12 Confidentiality of Records. a. All records are confidential; however, the regulations require that they be made available for inspection at the City within two business days following a request by an authorized person. The records are kept in a separate file and will not be made a part of the Employee’s personnel file. An exception to this is when disciplinary action results from an incident. When there is disciplinary action, disciplinary notices and related documents will be placed in the Employee’s personnel file. 265 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 101 b. The result of any testing done pursuant to this policy shall be used for employment purposes only and shall not be released for use in the criminal justice system, unless by court order. 9.5.4.13 Access to Records. The following agencies shall have access to all test results without the verbal or written consent of covered Employees: a. the City in proceedings initiated either by the City or the Employee as a result of testing; b. the Department of Transportation or any state or local official with regulatory authority over the City or any of its Employees; and c. the National Transportation Safety Board when conducting an investigation of an accident where drug and/or alcohol testing was performed. 9.5.4.14 Training. As part of the emphasis on education and safety, the Omnibus Act requires providing educational materials and two hours of training for supervisors and one hour of training for Employees before testing can begin. The required topics include the following: a. General Requirements: Covers the general requirements of the Omnibus Act and the City’s responsibilities to comply with those requirements; b. Key Person: Designates a key person at the City to answer Employee questions regularly; c. Drivers Covered: Identifies categories of Employees who are subject to the regulations; d. On-duty Time: Describes the period of time Employees are to be in compliance; e. Safety-Sensitive Functions: Identifies what job tasks can affect the safety of the Employee and others; f. Prohibited Conduct: Specifies information about prohibited Employee conduct; g. Occasions for Testing and Types of Testing: Lists circumstances under which Employees will be tested for drugs and/or alcohol; h. Procedures for Testing: Covers procedures that will be used to test for the presence of alcohol or drugs and to protect the privacy of Employees, the integrity of the testing process, and the validity of the test results. Testing shall be conducted only by 266 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 102 laboratories that are Department of Health and Human Services certified, and comply with all laboratory analysis procedures and quality control measures set forth in 49 C.F.R. part 40; i. Refusal to Be Tested: Explains what constitutes a refusal to test; j. Blood Alcohol Concentration: Depicts the various readings for alcohol concentration greater than 0.02; k. Effects of Drugs and/or Alcohol Use: Describes the specific observations concerning the appearance, behavior, speech, or body odors of the Employees; and l. Penalties and Referral: Lists the various consequences for an Employee found to have tested positive for prohibited drugs or within the prohibited blood alcohol level. 9.5.4.15 Notice to Employees. Covered employees will receive a copy of these Policies at the time they commence employment with the City. 9.5.4.16 Compliance with Federal Law. At all times, the City will comply with the current applicable federal law concerning drug and alcohol testing. Issues or inconsistencies that are not addressed in this policy will be determined by referring to the law and official regulations outlining policies and procedures, etc. 9.5.4.17 Employer Contact. The Employee Relations Officer has been designated to answer Employee questions about this policy. 9.6 VEHICLE AND SEATBELT POLICY 9.6.1 Employees who are required to drive as part of their position with the City will be assigned a City vehicle or will have access to a pool vehicle to conduct City Business. Pool vehicles will be made available on a first-come, first-served basis. An Employee must check with the Facilities Department prior to using their own vehicle on City Business. If there is no pool vehicle available, and the Employee cannot wait for one to become available, the Employee may use their personal vehicle and be reimbursed at the then current IRS rate. 9.6.2 Proof of insurance must be shown at the time of hire and annually by those Employees who drive their own vehicles on City Business. Business policy limits must meet minimum state standards. If an Employee has an automobile accident while on City Business, the Employee’s insurance policy shall provide primary coverage for both liability and property damage. If there is no insurance policy in place, the Employee shall be personally responsible. The car allowance or mileage reimbursement paid by the City is calculated to cover the cost of insurance purchased by the Employee. Employees who are not 267 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 103 required to use their personel vehicle for City Business shall not be required to provide proof of insurance. 9.6.3 Driving a City vehicle without possessing a valid driver’s license is not permitted and may result in disciplinary action up to and including termination. Employees shall notify their Supervisors immediately if their license is expired, suspended, or revoked. 9.6.4 Employees must wear seatbelts at all times when in a vehice on City Business. 268 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES Page 104 SECTION 10 EMPLOYEE DISCIPLINE 10.1 GROUNDS FOR DISCIPLINARY ACTION Employee misconduct shall be cause for disciplinary action. These Disciplinary provisions apply to Regular Full-time and Regular Part-time Employess who have completed their probationary period. In addition to any actionable or other cause allowed by statute, ordinance or law, the following nonexclusive listings shall constitute cause for disciplinary action. 10.1.1 Falsifying any information supplied to the City including, but not limited to, information supplied on application forms, employment records, or any other City records, reports, or documents prepared by the Employee. 10.1.2 Incompetency. 10.1.3 Inefficiency. 10.1.4 Neglect of duty. 10.1.5 Insubordination; failure to follow instructions. 10.1.6 Dishonesty. 10.1.7 Selling, providing, consumption of, being under the influence of, possession of alcoholic beverages or illegal controlled substances or abuse of prescription medication while on duty or in such close time proximity thereof as to cause any detrimental effect upon the Employee or upon other Employees. 10.1.8 The conviction of either a misdemeanor or a felony involving moral turpitude, or a conviction which has a direct nexus to the Position held. 10.1.9 Unauthorized absence without leave. 10.1.10 Immoral conduct. 10.1.11 Discourteous treatment of the public or other Employees. 10.1.12 Political activity precluded by State or Federal law. 10.1.13 Misuse or unauthorized use of City property. 10.1.14 Violation of a City or departmental rule, policy, procedure, or these Policies. 10.1.15 Failure to possess or keep in effect any license, certificate, or other similar requirement necessary for the Employee to perform the duties of the job Position or required by such job Classification. 269 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 105 10.1.16 Unlawful discrimination, including harassment or bullying, against the public or other Employees while acting in the capacity of a City Employee. 10.1.17 Excessive absences, unexcused absence(s), or tardiness. 10.1.18 Refusal to subscribe to any oath or affirmation which is required by law in connection with City employment. 10.1.19 Any willful act or conduct undertaken in bad faith, either during or outside of duty hours, which is of such a nature that it causes discredit to the City, the Employee’s department or division. 10.1.20 Inattention to duty, tardiness, indolence, carelessness or negligence in the care and handling of City property. 10.1.21 Outside employment not specifically authorized by the Appointing Authority. 10.1.22 Acceptance from any source of a reward, gift, or other form of remuneration in addition to regular compensation to an Employee for the performance of their official duties. 10.1.23 The refusal of any officer or Employee of the City to testify under oath before any Grand Jury having jurisdiction over any then pending cause of inquiry in which the investigation of government bribery or misconduct in agency office is involved shall constitute of itself sufficient ground for the immediate discharge of such officer or Employee. 10.1.24 Willful violation of any of the provisions of the ordinances, resolutions or any Policies, regulations or work rules which may be prescribed by the City. 10.1.25 Working overtime without authorization. 10.1.26 Any other failure of good behavior which is of such nature that it causes discredit to the City or their employment. 10.2 DISCIPLINARY ACTIONS “Disciplinary Action” means an action taken for disciplinary reasons, pursuant to these Policies. Nothing in these Policies requires imposition of disciplinary action in any particular order of severity or pursuant to the number of prior disciplinary actions. Such disciplinary actions include: a. informal discussion; b. a formal warning; c. a written reprimand; d. disciplinary suspension; e. reduction in pay; f. demotion; or g. dismissal. 270 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 106 10.2.1 Informal Discussion. An informal discussion is designed to clarify standards, policies, procedures and/or regulations so that problems are resolved early and thus, the need to utilize more severe disciplinary action may be avoided. (Not appealable) 10.2.2 Formal Warning. A formal warning shall be given in response to minor misconduct. The warning should be prompt and constructive, and every effort shall be made for the formal warning to be given in private. The Supervisor should include in the formal warning a review of appropriate department standards and Policies, Employee performance expected in the future and consequences for failure to correct performance or behavior. The formal warning shall be written and will be placed in the Employee’s central personnel file located in Human Resources. A formal warning is not appealable. 10.2.3 Written Reprimand. A written communication to the Employee that the same or related offense has been committed. The written reprimand shall be given by the Department Director or designated authority when a formal warning has not succeeded in correcting the misconduct, or when the misconduct is considered so serious as to warrant more than a formal warning. Misconduct includes failure to meet City performance standards. The written reprimand should include a full, accurate and factual statement of the reason for the reprimand including the date and time of the event which is the cause of the reprimand, if applicable; appropriate department standards and Policies; Employee performance expected in the future; and consequences for failure to correct performance or behavior. A written reprimand is not appealable. 10.2.4 Disciplinary Suspension. Temporary removal of an Employee from their duties without pay for misconduct. Disciplinary suspensions without pay deprive an Employee of pay for any period up to sixty (60) working days and are given when serious misconduct or repetition of past problems for which the Employee has been reprimanded require a strong management response. The nature of the offense, its severity and the circumstances dictate the length of suspension. Employees may be suspended immediately and in advance of the appeal process when there is a clear threat to the safety of other Employees or the public. Disciplinary Suspensions are subject to the appeal process set forth in Section 10.6. 10.2.5 Reduction in Pay. Reduction in pay shall be a decrease in salary to a lower step within the salary grade for disciplinary purposes. The reduction may be permanent or for a fixed period of time. A reduction in pay is subject to the appeal process set forth in Section 10.6. Denial of a merit increase or a reclassification downward is not discipline and does not entitle an Employee to notice or right of appeal. 10.2.6 Demotion. The Department Director may involuntarily demote an Employee for disciplinary reasons or because the Employee’s ability to perform the required duties falls below standards for that Position, provided that the 271 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 107 Employee has been given a reasonable time to improve. Upon request of the Employee, and with the consent of the Department Director, voluntary demotion may be made to a vacant Position. No Employee shall be demoted to a Position unless they possess the minimum qualifications for such a position. The Employee Relations Officer must approve all demotions. Involuntary demotions are subject to the appeal process set forth in Section 10.6. 10.2.7 Discharge. Discharge, dismissal or involuntary separation of an Employee from City employment may be imposed when other disciplinary measures have failed, or when such Disciplinary Action is deemed appropriate. based on the act of misconduct. A Regular Employee may be discharged for violation of these Policies. Discharges are subject to the appeal process set forth in Section 10.6. 10.3 PRE-DISCIPLINARY PROCEDURES 10.3.1 Administrative Reassignment with Pay. Pending investigation of an accusation against an Employee, the Employee may be placed on temporary administrative reassignment with or without pay, pending the undertaking or completion of an investigation or opportunity to respond as may be required to determine if any Disciplinary Action shall be taken. 10.3.2 Disciplinary Action Subject to Skelly Procedure. The procedure set forth in this Section shall apply to disciplinary suspension, a reduction in pay, an involuntary demotion, or a disciplinary discharge. 10.3.3 Written Notice. The Employee’s Supervisor shall give the Employee a written notice of the proposed Disciplinary Action at least five (5) working days prior to the effective date. The written notice shall be personally delivered to the Employee or sent by Certified Mail to the Employee’s last known address. The notice generally will include the following information: a. A description of the proposed action to be taken and its proposed effective date or dates; b. The specific grounds and particular facts upon which the action is proposed to be taken; c. The Employee’s right to receive a copy of the written materials alleged to support the proposed actions; d. A statement advising the Employee of the right to respond, orally or in writing within five (5) working days after receipt of the written notice; and e. A statement that failure to respond by the time specified shall constitute a waiver of the right to respond prior to final discipline being imposed. 272 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 108 10.3.4 Employee Review and Response. The Employee shall be given an opportunity to review the documents or materials upon which the proposed Disciplinary Action is based. Within five (5) working days after receipt of the written notice, the Employee shall have the right to respond to the Department Director or designated Skelly Officer, orally or in writing, concerning the proposed action. Failure to respond within the time specified shall result in the Employee’s waiver of their pre-disciplinary right to respond. By mutual agreement, the specified time period may be extended. 10.3.5 Employee Rights and Restrictions 10.3.5.1 Right to Representation. The Employee has the right to a representative throughout the pre-disciplinary process, at the Employee’s own cost. That representative is chosen by the Employee and may be an attorney, an outside representative, or another City Employee. If a City Employee is selected as the representative, that Employee’s Department Director must be notified in order to obtain permission to be absent from assigned duties necessary to make representation. Such permission shall not be unreasonably withheld. 10.3.5.2 Right to Investigate. The Employee and the Employee’s representative wishing to enter a work area for the purpose of investigating the notice of proposed discipline must first obtain permission to do so from the work area Supervisor. Any investigation shall be conducted on non-working time unless the Department Director has granted prior approval to use City time. Permission in either case shall not be unreasonably withheld, giving consideration to the work of the department and occupational safety. 10.3.6 Department Director or designated Skelly Officer Decision.The Department Director or designated Skelly Officers shall, within five (5) working days, unless the Department Director or designee decides a longer period is needed, provide a written decision to the Employee after reviewing the Employee’s response, if any. If the Department Director has imposed the proposed Disciplinary Action, another Director or designee within the City shall service as the Skelly Officer to review the matter and provide a written decision. The decision shall be personally delivered to the Employee or sent by Certified Mail to the Employee’s last known address. If Disciplinary Action is to be taken, the written response shall include a statement informing the Employee of the effective date of the discipline, the right to appeal, and the time period within which the appeal must be made. 10.4 APPEAL OF DEPARTMENT DIRECTOR OR SKELLY OFFICER’S DECISION A request to appeal a Department Director’s or designated Skelly Officer decision regarding disciplinary action shall be made by the Employee or the Employee’s 273 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 109 representative within five (5) working days of receiving the decision. An appeal shall include a brief written statement of the facts and reasons for the appeal and a brief statement of the resolution requested. 10.4.1 If the subject Employee does not file an appeal within the specified time period, unless good cause for the failure is shown, the action of the Department Director or designated Skelly Officer shall be final, and not subject to any further appeal. If the Employee withdraws the appeal, the Employee waives the right to further review. 10.5 AMENDED NOTICE OF DISCIPLINARY ACTION 10.5.1 At any time before a disciplinary action becomes final, the Department Director or designated authority may amend the proposed disciplinary action and provide a supplemental notice of proposed disciplinary action. 10.5.2 A decision not to impose any disciplinary action may be accompanied by a directive from the Department Director to delete all references to the pending action from the Employee’s personnel file(s). 10.5.3 If the amended or supplemental notice of proposed disciplinary action presents new causes or allegations, and/or changes the level of proposed disciplinary action, the Employee shall be provided further written notices as provided in Section 10.3.3 and shall be afforded the opportunity to prepare a response in accordance with Section 10.3.4. 10.6 APPEAL HEARING PROCESS 10.6.1 Hearing Officer. The Hearing Officer is designated to hear appeals on those disciplinary matters subject to such appeal. The Hearing Officer shall be an outside independent person (not employed by the City) who is qualified to hear such appeals. The selection of the Hearing Officer shall be a joint decision between the Employee and the City. The costs of the Hearing Officer shall be borne by the City. 10.6.2 Request for Appeal. Every appeal to the Hearing Officer must be filed with the Employee Relations Officer within the time frame set forth in Section 10.4 of these Policies. Failure to file a timely appeal shall be deemed a waiver of the right of appeal. The appeal shall state the facts upon which it is based and the action requested of the Hearing Officer and it shall be signed and dated by the appellant. The statement of facts in the appeal shall provide in sufficient detail the necessary facts and identify all persons or departments concerned in order that the Hearing Officer may understand the nature of the proceeding and appeal. The appellant’s Department Director shall be considered the only respondent unless the written appeal identifies other respondents. The Employee Relations Officer shall serve a copy of the appeal on the respondent. 10.6.2.1 The appellant or respondent may, at any time prior to the hearing, file a written statement setting forth in detail all facts essential and necessary to support their position. The parties are encouraged to 274 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 110 include with and set forth in the statement all exhibits essential and necessary to support their positions and which they intend to offer into evidence. 10.6.3 Answer. The respondent is not required to file an answer to the appeal. If an answer is filed prior to the hearing, a copy thereof shall be sent to the appellant by the Employee Relations Officer. If no answer is filed, every relevant and material allegation of the appeal is in issue; but in any case, irrelevant and immaterial issues may be excluded by the Hearing Officer. 10.6.4 Time for Hearing. Within five (5) days after the Hearing Officer is appointed, the Employee Relations Officer shall notify in writing the appellant and respondent of the date, time and place of said appeal hearing. Every hearing on an appeal shall commence within thirty (30) days after notice by the Employee Relations Officer to the appellant and respondent of the date, time and place of said appeal hearing unless: a. The time is extended by mutual consent of the appellant and respondent; b. A Hearing Officer cannot be selected within that time, in which case such hearing shall be scheduled by the Hearing Officer as soon as practicable; and/or c. The Employee Relations Officer or the Hearing Officer has granted an extension of time within which to commence the hearing. 10.6.5 Notice of Hearing. Written notice of the time and place of hearing of an appeal shall be delivered personally or by Certified Mail to the Employee’s last known address. A respondent or appellant may seek a continuance of the hearing date by making a written request to the Employee Relations Officer stating the grounds for such a request and the requested date for the hearing. The Employee Relations Officer shall have the authority to determine whether to grant a continuance and to set the hearing date. 10.6.6 Pre-Hearing Meeting. The Hearing Officer has the authority to require an appellant and respondent to meet prior to the commencement of a hearing for the purpose of using a good faith effort to prepare a joint written statement of the claims and defenses and disputed and undisputed facts,and to submit separate written statements where concurrence on such items could not be achieved. Parties are encouraged to voluntarily meet for this purpose and submit such statements. 10.6.7 Witness List and Subpoenas. The respondent and appellant shall submit in writing to the Employee Relations Officer, at least three (3) working days prior to the start of the hearing, the name(s) of any witnesses expected to be called during the hearing. The Employee Relations Officer shall provide to each party the names of witnesses so submitted in advance of the hearing. A respondent or appellant may request approval from the Hearing Officer for the issuance of subpoenas to compel the person(s) to testify at a hearing or 275 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 111 the production of documents to be brought to a hearing by submitting a written request to the Employee Relations Officer. 10.6.7.1 Such a request must state with particularity the person(s) or document(s) sought to be compelled, and the relevancy of that person(s) or that document(s) or both to the matters to be tried in the hearing. The Hearing Officer or the Employee Relations Officer, is so delegated, shall cause subpoenas to be issued when the Hearing Officer or the Employee Relations Officer, whichever applies, deems appropriate. 10.6.8 Nature of Hearing. Each hearing shall be closed unless the appellant requests an open hearing. Any party may be self-represented, have legal counsel or another representative of choice. The hearing shall be conducted by the Hearing Officer pursuant to these Policies. The Hearing Officer shall have the authority to: open and adjourn the hearing; rule on evidentiary questions; call, question, and cross-examine witnesses; call for and introduce documentary evidence for the purpose of adequately understanding the facts and issues of the hearing; otherwise control the conduct of the hearing; and meet in closed session with legal counsel to deliberate and prepare findings. 10.6.8.1 The hearing shall be informal and technical Policies or rules of evidence shall not apply to the proceedings. Any relevant evidence will be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which may make improper admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but will not be sufficient in itself to support a finding unless it would be admissible over objection to the same extent that it is now or hereafter may be recognized in civil actions. Irrelevant, immaterial, or unduly repetitious evidence, or evidence protected by the Policies of privilege recognized by law, may be excluded. All testimony at the hearing shall be recorded manually or by mechanical device or by use of a Certified Court Reporter. In the event a Court Reporter is used, appellant and respondent shall split costs. All testimony shall be given under oath. Stipulations of fact may be introduced into evidence with respect to any issue. Each respondent and appellant shall have the right to appear, to speak, and to call, examine, and cross-examine witnesses, including those called by the Hearing Officer, and to introduce documentary and other evidence. If the appellant does not testify on their own behalf, the appellant may be called and examined as if under cross-examination. 10.6.9 Exclusion of Witnesses. Upon the motion of any appellant or respondent, or upon its own motion, the Hearing Officer may exclude from the hearing room any witnesses not at the time under examination; but an appellant or respondent to the proceedings or their representatives in the case shall not be excluded. 276 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES     Page 112 10.6.10 Proposed Findings of Fact. Both appellant and respondent shall have the right to file proposed findings of facts, a brief, or both with the Hearing Officer on or before the date the hearing is closed. Any party who submits proposed findings of facts, a brief, or both, must serve such document immediately upon all other parties to the hearing. 10.6.11 Official/Judicial Notice. In reaching a decision, the Hearing Officer may take official notice of any matter which may be judicially noticed by the courts of this State. Parties present at the hearing will be informed of the matters to be noticed and those matters will be noted in or appended to the record. Any party will be given a reasonable opportunity on request to refute the officially noticed matters by evidence or by written or oral presentation of authority, with the specific manner to be determined by the Hearing Officer. 10.6.12 Order of Proof at Hearing. The order of proof in the hearing will be as follows: a. The respondent will present evidence in support of the Disciplinary Action; b. The appellant or the appellant’s representative will produce such evidence as the appellant may wish to offer in the appellant’s defense; and c. Any party may then offer rebuttal evidence, with the respondent having the right of last rebuttal. 10.6.13 Findings of Fact and Recommendations to the City Manager. The Hearing Officer shall make and certify written findings of fact and recommendations to the City Manager no later than thirty (30) working days after completing the Hearing. 10.6.14 Disposition of Appeal. Within ten (10) working days of receipt of the Hearing Officer’s findings of fact and recommendations, the City Manager shall adopt, reject or modify in whole or in part the recommendations of the Hearing Officer, and shall so notify the Employee, respondent and the Hearing Officer. The City Manager’s decision will be final and binding. The City Manager shall not be involved in the review or disposition of the disciplinary matter until receiving the Hearing Officer’s findings of fact and recommendations, and shall make their decision based upon an independent review of the record from the appeal hearing and the Hearing Officer’s findings of fact and recommendations. The City Manager shall modify or reject the Hearing Officer’s recommended decision only for just cause, supported by substantial evidence in the record, as set forth in the City Manager’s written final decision. 10.6.15 Burden of Proof. The City carries the ultimate burden of proof of which is a preponderance of the evidence. 10.6.16 Withdrawal of an Appeal. The appellant may submit a written request to withdraw the appeal at any time before a final and binding decision is made. 277 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES Page 113 SECTION 11 GRIEVANCES 11.1 MATTERS SUBJECT TO GRIEVANCE PROCEDURES A “Grievance” is a job-related complaint by an Employee regarding the terms and conditions of employment which arise out of a specific fact, situation, or transaction, other than discipline, that results in an alleged violation of existing ordinances, rules, regulations, or Policies administered by the Employee’s Department Director or designated authority concerning wages, hours, or other terms and conditions of employment. The solution of any such Grievance must be wholly or partially within the province of the City to rectify. 11.2 MATTERS NOT SUBJECT TO GRIEVANCE PROCEDURES 11.2.1 The following matters are not subject to the Grievance procedure: a. Employee discipline (as defined in Section 10.2); b. Employee performance evaluations, including denial of a salary increase, performance pay increase, and other merit or performance pay issues; c. Management of the City generally and issues of City or Department Policy; d. Necessity and organization of any service or activity conducted by the City, including the expansion or reduction of services or work force; e. Determination of the nature, manner, means, technology and extent of services to be provided to the public; f. Types of equipment or technology to be used; g. Determination of and/or change in facilities, methods, technology, means and size of the work force by which City operations are to be conducted; h. Determination of and change in the location, number of locations, relocations and types of operations, processes and materials to be used in carrying out City functions; i. Work assignments and schedules in accordance with requirements as determined by the City; j. Establishment, implementation and modification of productivity and performance programs and standards; k. Reductions-in-force or layoffs for lack of work or other non- disciplinary reasons; 278 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 114 l. Establishment and approved modifications of Classification Specifications; m. Determination of standards, Policies and procedures for selection, training and promotion of Employees; n. Establishment, implementation and modification of Departmental organization, supervisory assignments, chains of command and reporting responsibilities; and/or o. Levels of compensation, pay and benefits based upon budgetary and fiscal considerations. 11.3 FREEDOM FROM REPRISAL No Employee shall be subject to coercion or Disciplinary Action for discussing a request or complaint with their immediate Supervisor, or for filing a Grievance petition. 11.4 RESOLUTION Any grievance petitions resolved at any step of the grievance procedure shall be considered conclusive. Any grievance shall be considered resolved if it is not brought forward by the grievant through the grievance steps in the time frame prescribed. 11.5 WITHDRAWAL Grievance petition may be withdrawn by the grievant at any time, without prejudice. 11.6 RESUBMISSION Upon consent of the person hearing the Grievance petition and the grievant, a petition may be resubmitted to a lower step in the Grievance procedure for reconsideration. 11.7 EMPLOYEE REPRESENTATION If requested, an Employee may have representation in the preparation and presentation of the Grievance at any step in the formal Grievance procedure, except that no Supervisor or Department Director shall be represented by a subordinate Employee who reports to the subject Employee, and no Employee shall be represented by a Supervisor or Department Director. The Employee(s) and one Employee representative are entitled to be released from work for a reasonable period of time in order to present the Grievance. 11.8 OBEY NOW/GRIEVE LATER If an Employee is given a legitimate order that they wish to grieve, the Employee must first complete the assignment and file a Grievance later, unless the assignment endangers the health or safety of the Employee or others, or if the requested assignment violates the Employee’s constitutional rights. 279 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 115 11.9 INITIATION OF GRIEVANCE PROCEDURE An Employee must initiate the Grievance procedure (formal or informal) within fifteen (15) working days of the occurrence of the event giving rise to the Grievance, or within fifteen (15) working days after the grievant should, with reasonable diligence, have had knowledge of such occurrence, whichever is later. 11.10 INFORMAL GRIEVANCE PROCEDURE 11.10.1 Every effort should be made to resolve a Grievance through discussion between the Employee and the Employee’s immediate Supervisor, unless extenuating circumstances exist. 11.10.2 If the Employee is not satisfied with the decision reached through the informal discussion, or if extenuating circumstances exist, the Employee shall have the right to file a formal Grievance in accordance with Section 11.11. 11.11 FORMAL GRIEVANCE PROCEDURE 11.11.1 Step I. If the Employee is not in agreement with the decision rendered in the informal grievance procedure, they shall have the right to present a formal grievance to the Department Director within fifteen (15) working days after the occurrence of the incident causing the grievance, if applicable. Otherwise, the right to file a grievance petition shall be waived. All grievances shall be submitted in the format prescribed by the Employee Relations Officer, and no Grievance petition shall be accepted until the form is complete. The written grievance shall contain a clear, concise statement of the grievance and the facts upon which it is based; the rule, regulation or policy allegedly violated; and the specific remedies sought. The Department Director will render a written decision within five (5) working days after receipt of the written grievance. 11.11.2 Step II. If the Grievance is not satisfactorily resolved at Step I, the Employee shall have the right to submit the written grievance to the Employee Relations Officer within five (5) working days after the Department Director’s decision is received by the Employee. The Employee Relations Officer will render a written decision within five (5) working days after receipt of the written grievance. 11.11.3 Step III. If the grievance has not been satisfactorily resolved at Step II, the Employee may appeal the Employee Relations Officer’ decision to State Mediator within five (5) working days after that decision is received by the Employee. The City and the La Quinta Employees’ Association or other authorized employee representative shall mutually select a mediator from the State Mediation and Conciliation Service to consider the grievance. The mediator may consider written documents and/or oral statements, and shall render a written advisory decision to the City Manager within ten (10) days after receipt of the appeal. 280 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 116 The City Manager may accept or reject the advisory decision of the mediator, and will render a written final decision within five (5) days of receiving the mediator’s advisory decision. The decision of the City Manager shall be final and binding. If mutually agreeable, a meeting may be conducted involving all affected parties at any step in the grievance procedure prior to the rendering of a decision. GRIEVANCE PROCEDURES STEP CONTACT FILE DECISION Informal Supervisor N/A Immediate Step I Formal Department Director 15 working days from Informal Decision 5 working days from filing Step II Formal Employee Relations Officer 5 working days from Step I Decision 5 working days from filing Step III Formal State Mediator/City Manager 5 working days from Step II Decision 5 working days from receipt of Mediator’s advisory decision 281 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 117 SECTION 12 EMPLOYEE RECORDS AND FILES 12.1 PERSONNEL FILES 12.1.1 Central Personnel Files. The Employee Relations Officer shall maintain a central personnel file for each City Employee indicating the Employee’s name, title of Position, the department assigned, salary, changes in employment status, performance evaluations, disciplinary documents, and such other information as may be considered pertinent by the Employee Relations Officer. Copies of documents concerning Disciplinary Actions must be placed in the Employee’s central personnel file. Personnel files shall be kept in locked, fire- proof file cabinets located in or near the Human Resources/Risk Manager’s office. Medical records, including reports of job-related medical examinations, Workers’ Compensation illnesses or injuries, and related information shall be maintained separately from the central personnel file, and shall be kept in locked fire-proof file cabinets located in or near the Human Resources/Risk Manager’s office. 12.1.2 Payroll Files. A file for each City Employee shall be maintained showing the name, title of Position, the department assigned, salary, changes in employment status, W-4 forms, payroll deductions and such other information as may be considered pertinent by the Finance Director. Nothing herein shall prohibit the City from keeping or placing documents in an observation folder for the purpose of monitoring and documenting Employee performance during an evaluation cycle. The contents of observation folders should be used and reflected in the Employee’s performance evaluation, and or may serve as the basis for disciplinary action. For the purpose of this Section, an observation folder shall not be considered a personnel file, and an Employee or the Employee’s designated representative shall not have access to observation folders nor receive copies of documents placed in such folders. 12.2 DOCUMENTS IN PERSONNEL FILES 12.2.1 Upon request of the Employee, an Employee may place documents in the Employee’s personnel file(s) that commend their job performance with the City or demonstrate educational attainment. 12.2.2 An Employee shall be provided a copy of any documents placed in the Employee’s personnel file(s) and may review their file(s) on request, within the time constraints and work schedule of the Employee Relations Officer. A witness shall be present at all times when an Employee is reviewing their personnel file. 12.3 DISCLOSURE OF INFORMATION 12.3.1 To the maximum extent possible and unless otherwise required by law, no direct information contained in the personnel files shall be disclosed concerning any current or former City Employee, without the Employee’s 282 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 118 consent, other than the Employee’s job title, inclusive dates of employment, work location, salary, work phone number, departmental assignment and the nature of separation, Resignation, or Termination, to any person other than the Employee Relations Officer, the City Attorney, Special Legal Counsel, the Employee’s Department Director, or their designated representatives. An Employee or former Employee may authorize access to or the disclosure of information from their file only when written permission is provided to the Employee Relations Officer. 12.3.2 Nothing herein shall preclude nor specifically deny the use of any information in personnel files in any phase of a disciplinary or probationary action. 12.4 CHANGE IN STATUS It is the Employee’s responsibility to notify the Employee Relations Officer of any changes in the Employee’s address, phone number, marital status, dependent status, name change, training certificates, emergency contact, driving status/record, criminal convictions, or other pertinent information. 283 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 119 SECTION 13 EMPLOYEE BENEFITS Benefits afforded to Regular City Employees are summarized in this Section. These benefits may be modified through the meet and confer process, and documented in the MOU between the City and the Employee bargaining unit, or by specific contract provisions for non-represented Employees. 13.1 HEALTH, DENTAL, VISION AND LIFE INSURANCE BENEFITS 13.1.1 Regular Full-time Employees are eligible for City contribution to health, dental, vision and life insurance for themselves and qualified family members as set forth in the MOU between the City and the La Quinta City Employees’ Association, and the plan documents. Employee contributions for insurance coverage shall be paid by payroll deduction as a condition of enrollment and continuous insurance coverage. 13.1.2 A Regular Full-time Employee who provides the City evidence of medical insurance under a separate policy and requests to be deleted from the City’s coverage shall receive $250 per month as an in lieu payment. Should such other coverage subsequently be unavailable to the Employee, the Employee shall have the right to seek reinstatement to coverage under the City’s policy upon written request. In such a case, the City shall reinstate the Employee’s coverage and cancel the in lieu payment if reinstatement is permitted under the provisions for reinstatement then in effect with the City’s health insurance provider. 13.2 CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT (COBRA) 13.2.1 Employees and dependents who lose group health coverage due to termination of employment or other “qualifying events” (i.e., death of Employee, divorce or separation) may continue health and dental coverage on a self-pay basis under the COBRA option for eighteen (18) months, or the limits specified by law. 13.2.2 Upon an Employee’s termination of employment, the City will issue a “Notice of Right to Elect COBRA Continuation Coverage” for health care coverage. To continue health care coverage under COBRA, the Employee will fill out and sign forms provided by the City. The terminating Employee must pay the full cost of coverage, plus the allowable administrative fee, by the deadlines set forth in the notice. 13.3 FLEXIBLE SPENDING PLAN The City has implemented a Flexible Spending Plan to help Employees pay for qualified expenses on a pre-tax basis. Employees who participate will pay the monthly administration fee and optional medical reimbursement debit card fee through payroll deduction. 284 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 120 13.4 RETIREMENT The City participates in the PERS retirement plan, and currently pays the full cost of the employer share of the PERS retirement benefit for qualified Regular Full-time and Regular Part-time Employees. Each Regular Full-time and Part-time Employee shall pay an amount equal to 100% of the required member contribution to PERS. Any Employee hired on or after January 1, 2013 shall be subject to the following retirement formulas with the retiree’s annuity based on the average of the Employee’s three (3) highest paid consecutive years, in accordance with the City’s contract with PERS and the Public Employees’ Pension Reform Act of 2013 (PEPRA):  Classic Employees (current PERS members) hired on or after January 1, 2013: 2% @ 60.  New Employees (new PERS members) hired on or after January 1, 2013: 2% @ 62. 13.5 UNUSED SICK LEAVE ELECTION Government Code Section 20965 and the City’s contract for retirement benefits with PERS permits conversion of unused sick leave to service credit, pursuant to certain restrictions. Upon retirement, Employees are required to complete the “Unused Sick Leave Election Form” prior to receiving their final paycheck. Upon retirement, Employees will have the option of selecting one of the following: (1) receiving payout for the full amount of unused sick leave (pursuant to the payout schedule contained in Section 8.3.6, as amended by the MOU); (2) receiving payout for a set amount of unused sick leave, and requesting conversion to service credit of the remainder; or (3) converting the entire amount of unused sick leave to service credit, waiving their right to a payout for unused sick leave. 13.6 EMPLOYEE FITNESS MEMBERSHIP SUBSIDY The City subsidizes the cost of membership at the La Quinta Wellness Center for eligible Regular Full-time Employees. Employees may submit their paid receipt to Human Resources for reimbursement of $75.00 toward their annual membership fee. 13.7 COMPUTER LOAN PROGRAM All Regular Full-time Employees who have completed probation are eligible to apply for a financial loan through the City’s Computer Loan Program. This is strictly a voluntary program, and is subject to available funding. Program parameters such as the maximum loan amount, interest rate, and scope of the program, will be evaluated on an annual basis. The Computer Loan Program policy is attached as Exhibit A. 285 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 121 SECTION 14 TRAINING AND TRAVEL 14.1 TRAINING The City recognizes the importance of Employee development and training in an effort to improve the capabilities and effectiveness of City personnel. Training shall be geared to both organizational improvement and individual Employee development. This development shall not only be the responsibility of the Department Directors or Supervisors, but shall be shared with Employees in a total organizational effort. 14.2 IN-HOUSE TRAINING Employees who have training, knowledge or expertise in a subject area, or who have recently attended a seminar or conference in a given subject matter, may be asked to share this information with other Employees. Such in-house training may be informal or formal, depending upon the nature of the training, and can include any variety of topics. 14.3 DEPARTMENT TRAINING City departments and divisions are encouraged to offer specialized training to their Employees. Such training shall be the responsibility of the Department Directors and may include topics such as safety, equipment operation, and other training in their specific fields of responsibility. 14.4 SEMINARS AND CONFERENCES Employees may seek approval to attend seminars or conferences covering current issues and areas relevant to their Positions under the following conditions: a. Attendance at the training is deemed by the Department Director to be job-related, providing information and development that will assist the Employee in the performance of assigned responsibilities, and/or will provide the opportunity for Employee career development that will be of benefit to both the Employee and the City. b. Employees must submit their requests on forms prescribed by the Finance Department and follow all applicable procedures. c. Budgeted funds must exist for all such training and any travel. All travel that requires travel authorization must have City Manager and/or City Council approval. d. Employees must comply with the City’s administrative travel and expense Policy and provide necessary receipt documentation. e. Employees who have recently achieved such training must be willing to provide “in-house” training to other Employees, if requested. 286 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 122 14.5 TRAVEL AND TRAINING REIMBURSEMENT 14.5.1 In general, training time during working hours shall be considered part of the job. Compensation for training which is outside of the normal work schedule will be made in accordance with the requirements of the Fair Labor Standards Act. 14.5.2 Time spent in attending lectures, meetings, training programs and similar activities during work time shall be counted as time worked only if authorized in advance and in writing by the Employees Department Director. 14.5.3 Time spent in attending lectures, meetings, training programs and similar activities shall not be counted as time worked where such attendance is outside of the Employee’s regular working hours, except in situations where the Employee is directed by their Department Director to attend such lecture, meeting, training program or similar activity. Leisure and meal times are not considered time worked unless they are part of the seminar. 14.5.4 When an Employee is assigned by their Department Director to travel outside of the City for a meeting, training program, or similar activity, times spent traveling between the Employee’s home and assigned destination shall be treated as time worked, only to the extent that it exceeds the amount of time normally taken by the Employee to travel between the Employee’s residence and regular work place. 14.5.5 When an Employee is assigned to travel outside the City for a meeting, training program, or similar activity, return the same day, and the Employee has utilized public transportation, the time spent traveling between the Employee’s home and the location of the public carrier (i.e. airport, bus station, train station) shall not be treated as time worked. However, time spent traveling to a final destination via public carrier is considered time worked. 14.5.6 Employees shall receive mileage and travel reimbursement in accordance with provisions outlined in the Employee Travel and Expense Policy. 14.6 TUITION REIMBURSEMENT 14.6.1 Subject to Department Director and Employee Relations Officer (or designee) approval, Regular Full-time Employees may attend and be reimbursed for the cost of educational courses taken at an accredited college or university which provide a benefit to the City as set forth in the MOU between the City and the La Quinta City Employees’ Association. 14.6.2 Any education that is a requirement for continuation of employment or is an identified part of a job evaluation shall be paid for by the City. 14.6.3 Reimbursement will be made only after an Employee has satisfactorily completed the class with the grade of “B” or better and evidence of same has been submitted and approved by the Employee Relations Officer. The general 287 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 123 rule is that an Employee must be employed at the time they start and complete the class or workshop in order to be reimbursed. If an Employee resigns or retires their employment with the City or is terminated for disciplinary reasons within two (2) years of receiving reimbursement under these provisions, Employee shall reimburse the City for all monies paid them for educational reimbursement received dating back two (2) years from their termination date. If an Employee has followed the foregoing requirements for reimbursement and, through no fault of their own, is laid off before completion of the approved class or workshop, the Employee will continue to be eligible for reimbursement even though they are no longer employed by the City. No Employee will be eligible for reimbursement for any class or workshop taken after the Employee has been given a written notice of layoff, notice of termination for failing to pass the Probationary Period, or notice of intent to Terminate employment for cause. 14.6.4 Required forms must be completed and necessary documentation (receipts and grades) must be provided in order to receive reimbursement. Final and conclusive determinations of the reimbursement amount shall be made by the Employee Relations Officer after review of the request and recommendations by the Department Director and the Employee Relations Officer. 14.6.5 There is no mileage reimbursement for travel to and from educational classes. 14.7 EMPLOYEE TRAVEL AND EXPENSE POLICY 14.7.1 Responsibility 14.7.1.1 The City Manager shall administer and be the approving authority for the expenditure of travel and expense funds in accordance with appropriations made by the City Council in the annual adopted budget for all City Employees. 14.7.1.2 Personal and City travel must not be commingled in such a manner as to increase allowable expense or otherwise affect adversely the interest of the City. 14.7.2 Travel Authorization 14.7.2.1 Official Employee travel requires prior written authorization by the City Manager. The City Form, “Travel Request and/or Advance,” shall be used to document authorization, and may be obtained in the Finance Department. 14.7.2.2 Travel trips of one day or less shall not require a pre- approved “Travel Request and/or Advance” if no advance is requested, but the second part of the Form covering conference update reporting must be completed, if applicable, upon return. 288 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 124 14.7.2.3 Out-of-state travel, round trips over 300 miles, or trips involving an overnight stay must be approved by the City Council. If time does not permit City Council approval, the City Manager may authorize the travel request. The City Manager shall notify the City Council of the authorized travel and the circumstances which prevented City Council review/approval. Upon return, the “Conference Update Report” section of the “Travel Request and/or Advance” Form must be completed. 14.7.3 Travel Expenses. Employees may provide their own funding and file claims for reimbursement, or may apply for an advance of public funds by utilizing the “Travel Request and/or Advance” Form. All requests for advance of travel funds are to be submitted through the approving authority to the Finance Department at least five (5) working days before the intended date of departure. All advances must be properly accounted for based on actual and necessary expenses incurred, upon termination of travel for which the advance was made. Advance payments do not constitute approval to spend the entire amount advanced. Only actual and necessary expenses, as further limited by the specific provisions of this Policy, will be paid from City funds. 14.7.4 Advance Reservations—Cancellation 14.7.4.1 Employees are encouraged to make reservations for any training, meeting, or convention for which the City would bear the cost, which they are planning to attend, in sufficient time to allow for lower airfare or reservations costs to be obtained. 14.7.4.2 Cancellations that result in expenditure of City funds will be reviewed on a case-by-case basis by the City Manager to determine whether the Employee may be held responsible for the cost. 14.7.5 Transportation. Employees should attempt to travel by the means most economical to the City, consistent with scheduling needs and cargo space. In selecting a particular method of transportation, consideration shall be given for the total cost to the City which will result, including overtime, lost work, and actual transportation costs. In the event that a more expensive transportation form is used, the cost borne by the City will be limited to the cost of the most economical, direct, efficient and reasonable transportation form, unless otherwise approved by the City Council. Government and group rates must be used when available. 14.7.5.1 Automobile Travel. Transportation by car may be done either with a personal vehicle or City vehicle. If a personal vehicle is used by an Employee who does not receive a monthly auto allowance, net mileage will be reimbursed at the current Internal Revenue Service Rates. Net mileage equals roundtrip mileage minus any commute miles. Before initiating overnight travel, those Employees not receiving a monthly mileage allowance should contact the Facilities Department for the availability of a pooled vehicle. 289 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 125 Employees who receive a monthly auto allowance and use their own vehicle allowance for authorized travel will be reimbursed only for the net mileage in excess of 60 miles. Mileage will not be reimbursed for portions of the trip made for non-business related matters. When the use of public air carrier transportation is approved, private automobile use to and from the airport shall be reimbursed for all allowable miles at the current Internal Revenue Service Rates, or commercial auto rental will be allowed if necessary and alternative personal or public transportation is unavailable or unreasonable. 14.7.5.2 Air Travel and Automobile Rental a. Coach Class Air Travel. Reimbursement shall be made for coach air travel if the cost of such air travel is competitive with other passenger airlines' coach airfares. b. Rail Travel. Reimbursement shall be made for coach rail travel if the cost of such rail travel is competitive with other coach rail travel fares. c. Taxi Service. Charges for taxi service are reimbursable if such transportation is the most economical, practicable and efficient mode of transportation available under the circumstances. Portions of taxi charges that are related to excessive tips (i.e., in excess of 15%) will not be reimbursed. d. Shuttle Service. Charges for shuttle service are reimbursable if such transportation is the most economical, practicable and efficient mode of transportation available under the circumstances. e. Bus Fare. Charges for bus service are reimbursable if such transportation is the most economical, practicable and efficient mode of transportation available under the circumstances. f. Vehicle Rental. Charges for vehicle rental are reimbursable if such transportation is the most economical, practicable and efficient mode of transportation available under the circumstances. When determining the type of rental car to be used, consideration should be given to the economic standards set forth in this policy and the appropriate use and stewardship of City funds. g. Out of Pocket Expenses Related to Use of City Owned Vehicles. Reimbursement for fuel and other out-of-pocket expenses incurred as a result of the use of a City owned vehicle is permissible, provided that use of the City owned vehicle is the most economical, practicable and efficient mode of transportation available under the circumstances. 290 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 126 h. Chartered Travel. Use of chartered travel shall be reimbursable if such transportation is the most economical, practicable and efficient mode of transportation available under the circumstances. i. Airport parking may be used during travel on official City Business and is reimbursable with receipts. 14.7.6 Lodging. Employee lodging expenses will be reimbursed or paid when travel associated with training or related activities reasonably requires an overnight stay. Lodging shall be obtained at the most economical rate available for safe, clean, convenient, and quality accommodations. If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. Travelers must request government rates, when available. 14.7.6.1 Advance Booking and Time Period. An Employee is expected to make reservations well in advance whenever possible and to take other actions to ensure that lodging is secured at moderate rates. Lodging shall be limited to the maximum number of nights required to conduct the assigned City Business. 14.7.7 Meals. Meals are allowable at actual costs, including reasonable tips and room service charges not to exceed $75 per day. 14.7.7.1 Expense claims for meals shall include the following information: a. Date expense incurred; b. Name of the Employee; and c. Purpose of the meeting. 14.7.7.2 Itemized meal receipts are required. 14.7.8 Other Allowable Expenses. The following expenses shall be permissible, subject to other provisions of this policy to the extent that they are actual and necessary: a. Incidental transportation expenses, such as ferry fares; bridge, toll road and vehicle parking fees; b. Telephone and facsimile charges for official City Business; and c. Reasonable fees and tips paid to waiters, porters, baggage handlers, bellhops, hotel maids, and other service personnel. 14.7.9 Non-Allowable Expenses. Personal expenses are not allowable, and will not be reimbursed. These may include, but are not limited to: a. Fines for traffic violations; b. Private automobile repairs; 291 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES   Page 127 c. Expenses of any persons accompanying the person subject to this Policy on the trip; d. Purchase of personal items; e. Fitness/Health Facilities; and f. Alcohol. 14.7.10 Settlement of Expenses. Employees are responsible for the accurate preparation of their claims, and the responsibility of omission or commission cannot be shifted to another individual. A “Travel Expense Report” (obtainable in the Finance Department) substantiated by receipts which verify the claimed expenditures as being an actual expense, must be submitted to the City Manager within ten (10) days of the expense being incurred, or the end of the trip, whichever is later. Inability to provide such documentation in a timely fashion may result in the expense being borne by the Employee. All expenses are subject to verification that they comply with this Policy. Pursuant to state law, Travel Expense Reports are public records. 292 AGENDA TITLE: APPROVE WRITE-OFF OF OUSTANDING INTERFUND LOANS RECOMMENDATION Approve the write-off of four outstanding interfund loans. EXECUTIVE SUMMARY The City has four outstanding interfund loans which as of March 31, 2019 totaled $15,017,126. Development impact fee revenues pledged to pay back three loans have declined and are not expected to increase as the City is nearly built out. SilverRock Golf Resort is anticipated to transfer ownership in late 2020 and the City will begin receiving sales, property, and transient occupancy taxes from this development. The Financial Advisory Commission (FAC) and Staff reviewed these loans on May 15 and June 5, 2019; the FAC recommended that these loans be considered uncollectible and written off. FISCAL IMPACT None, the write-off would not impact cash balances in any fund. However, the following would be recorded in the City’s annual financial statements and accounting system: Outstanding Interfund Receivables and Payables Note would be removed from the financial statements (Attachment 2) Special Gain/Loss Note Disclosure would be added for fiscal year 2018/19 financial statements (Attachment 3) and subsequently removed from future statements as this would be a one-time special event. Special Gain to the Development Impact Fee (DIF) Funds and SilverRock; Special Loss to the General Fund (Attachment 4) with no net impact to City funds. Balance Sheet of Government Funds would adjust the following balances: General Fund - advances to other funds, advances from other funds BUSINESS SESSION ITEM NO. 3 City of La Quinta JOINT CITY COUNCIL/HOUSING AUTHORITY MEETING: June 18, 2019 STAFF REPORT 293 Special Funds – advances from other funds and unassigned fund balance. (Attachment 5)  The General Fund non-spendable reserve balance would decrease by the total write-off amount ($15,017,126) and the other Funds Unassigned Fund balance would become zero (eliminating the negative balance) and begin to increase going forward as they retain their own revenue (Attachment 6). BACKGROUND/ANALYSIS From 2003 through 2009 the Council approved General Fund loans (from the unappropriated fund balance) to the Fire Protection, Civic Center and Street and Park Facility DIF Funds; the loan proceeds were used to construct the capital improvements outlined below. The rational for doing this was that the General Fund would benefit from the interest income these loans would generate and the City was growing and the DIF Funds would have revenue to repay the loans. When SilverRock Golf Course opened in 2005, the City elected to underwrite operating revenue shortfalls and fund improvements (the deduction amounts that were not covered by insurance) to reestablish the Course after unusual flood and wind events. The DIF loans have repayment terms, the SilverRock loans do not. Loan Year(s) Improvement Funded General Fund Transfer To 2003 North fire station Fire Protection DIF Fund 2006 City center expansion Civic Center DIF Fund 2009 Phase 1 of corporate yard Street Facility DIF Fund and Park Facility DIF Fund 2004 - 2016 Operational deficits/storm impact improvements SilverRock Golf Fund In conjunction with the Development Impact Fee (DIF) Study underway, Finance analyzed the four outstanding interfund loans due to the General Fund. The analysis focused on the collectability and payoff for each loan. On May 15, 2019 the FAC was provided the analysis, which are summarized in Attachment 1. Staff also presented options to retire the Fire Facility/Civic Center/Corporate Yard Phase 1 and SilverRock Golf Course loans. After an extensive discussion, the following was determined: 1) The loans are uncollectible based on current revenue projections. 2) The loans should be written-off. 3) Staff was asked to prepare a Financial Statement Note Disclosure and provide examples of other financial statement impacts for the FAC’s review and approval prior to formal action by the Council. Using the City’s 2017/18 Comprehensive Annual Financial Report, Staff prepared a draft note disclosure and financial statement reports, which were 294 reviewed by Phil White, Certified Public Accountant and Partner with Vavrinek, Trine, Day & Co. LLP (the City’s auditing firm). On June 5, 2019 the FAC approved the write-off of the four loans and recommended they be presented to Council for action. If written-off (removed from the balance sheet), the result would be a one-time Special Gain to the Development Impact Fee (DIF) Funds and SilverRock; Special Loss to the General Fund. In return, revenues generated by future DIF fees would be eligible for capital expenses and result in lower General Fund capital contributions. In addition, there would be no impact to current or future development impact fees. Summary of Outstanding Loans There are three Development Impact Fee (DIF) outstanding loans as follows: 1. Fire Protection DIF. The City loaned the Fire DIF $1,350,131 in 2003 for Fire Station 39; the outstanding balance on March 31, 2019 was $455,197. Using an average of the annual Fire DIF revenue over the past three years ($54,000), if the City continued to charge interest the loan would be repaid in 10 years or by 2029.If interest was not charged and the annual Fire DIF income remained the same, the loan would be repaid in 9 years or by 2028. 2. Civic Center DIF. The City loaned this DIF $9,615,094 in 2006 to fund the City Hall expansion. The outstanding balance on March 31, 2019 was $7,106,231. Using an average of the annual Civic Center DIF revenue over the past three years ($117,700), if the City continued to charge interest the loan would never be repaid. If interest was not charged and the annual DIF income ($117,700) remained the same, the loan would be repaid in 60 years or by 2079. 3. Street Facility DIF. The City loaned this DIF $2,075,412 in 2009 to build the Phase 1 Corporation Yard improvements. The outstanding balance on March 31, 2019 was $1,902,137. Using an average of the annual Civic Center DIF revenue over the past three years ($22,900), if the City continued to charge interest the loan would never be repaid. If interest was not charged and the annual DIF income remained the same, the loan would be repaid in 83 years or by 2102. A SilverRock Resort Enterprise interfund loan makes up the fourth outstanding loan due to the General Fund. 4. SilverRock Resort Fund. From 2004 to 2016 the City advanced this fund $5,134,031 to cover the differences in annual operational expenses versus annual revenue and storm related improvements. After 2016, interfund contributions were not added to the outstanding loan balance. 295 ALTERNATIVES The Council may wish to request further information regarding specific items prior to approval. Prepared by: Karla Romero, Finance Director Approved by: Frank J. Spevacek, City Manager Attachments: 1. Summary of Outstanding Interfund Loans due to the General Fund 2. Interfund Receivables and Payables Note from 2017/18 3. Special Gain/Loss Note Disclosure for 2018/19 4. Budgetary Comparison Schedule by Department General Fund from 2017/18 5. Balance Sheet Governmental Funds from 2017/18 6. Balance Sheet Governmental Funds Example of Write-Off using 2017/18 296 Summary of Outstanding Interfund Loans due to the General Fund As of March 31, 2019. Fire Protection DIF Original Loan: $1,350,131 from 2003 Outstanding Loan: $455,197 Annual Revenue: $54,000 ($46,500 to principal) Annual Interest: $7,500 Repayment Dates: 10 Years or 2029 (with interest) 9 years or 2028 (no interest) Fund Uses: Fire stations Fire equipment Civic Center DIF Original Loan: $9,615,094 from 2006 Outstanding Loan: $7,106,231 Annual Revenue: $117,700 (none to principal) Annual Interest: $154,800 Repayment Dates: Never (with interest) 60 years or 2079 (no interest) Fund Uses: City Hall building improvements Facility furniture, fixtures and equipment Parking lot and landscaping upgrades Street Facility DIF Original Loan: $2,075,412 from 2009 Outstanding Loan: $1,902,137 Annual Revenue: $22,900 (none to principal) Annual Interest: $25,400 Repayment Dates: Never (with interest) 83 years or 2102 (no interest) Park Facility Fund is also being used to repay this loan. Fund Uses: Corporate yard facility Neighborhood and community park upgrades - landscaping, irrigation, picnic facilities, playgrounds, and sports fields. SilverRock Resort Fund Original Loan: $5,134,031 from 2004-2015 Outstanding Loan: $5,553,562 Annual Revenue: $10,000 (none to principal) Annual Interest: $95,000 Repayment Dates: Never (with interest) 513 years or 2532 (no interest) Estimated Sources of Repayment (annually): Property Tax Revenue: $10,000 (golf course only) Sales Tax Revenue: $300,000 Annual Revenue: $310,000 (with property and sales tax) Annual Interest: $95,000 Repayment Dates: 24 years or 2043 (with interest) 16.5 years or 2034 (no interest) ATTACHMENT 1297 CITY OF LA QUINTA, CALIFORNIA NOTES TO BASIC FINANCIAL STATEMENTS JUNE 30, 2018 55 NOTE 6: INTERFUND RECEIVABLES AND PAYABLES (CONTINUED) The composition of non-current interfund receivable and payable balances as of June 30, 2018, is as follows: Civic Center Non-Major Advances to Other Funds Fund Golf Course Governmental Total General Fund 7,103,053$ 5,468,718$ 2,382,315$ 14,954,086$ Advances from Other Funds a)In September 2006, an advance up to $9,615,094 for the City Hall expansion from the General Fund to the Civic Center Developer Impact Fee Fund was approved. The Civic Center expansion has been completed and the amount of the advance outstanding as of June 30, 2018 was $7,103,053. The advance accrues interest based on the rate earned by the City investment pool average. b)As of June 30, 2018, the General Fund has advanced to the Golf Course fund $5,468,718. The advance accrues interest at the City’s investment pool rate and is to be repaid by the golf course out of future profits. c)In October 2009, an advance up to $2,033,687 for the Phase 1 of the Corporate Yard project from the General Fund to the Street and Park Maintenance Facility Funds was approved. As of June 30, 2018, the amount of the outstanding advance was $1,891,472. The advance accrues interest at the earnings rate of the City’s investment pool. d)In February 2003, the Redevelopment Agency Capital Projects PA No. 2 Fund advanced $1,350,131 to the Fire Facility Fund to provide funding for development of the City’s north fire station. On March 1, 2012 the outstanding advance of $925,192 was transferred from the former redevelopment agency to the General Fund with the former redevelopment agency receiving $925,192 in cash for the outstanding balance. The advance accrues interest at the earnings rate of the City’s investment pool funds. As of June 30, 2018, the remaining balance of the advance was $490,843. This note disclosure woud be removed from future financial statements. ATTACHMENT 2 298 ATTACHMENT 3 New note to replace Note 6 – Interfund Receivables and Payables SPECIAL GAIN/LOSS NOTE DISCLOSURE: The City had four outstanding interfund loans, totaling $15,017,127. These interfund loans were established from 2003 to 2009 and are irregular and non-recurring. They were established to supplement the construction costs associated with the development of major infrastructure which could have been funded with restricted DIF funds, should they have been available at the time. Since inception, the City has reported the outstanding loan balances in annual financial statements as Advances from Other Funds. The repayment terms and collectability of these loans were evaluated by Staff and confirmed with the City’s 2019 Development Impact Fee analysis. Results were presented to the Financial Advisory Commission who in conjunction with Staff recommended City Council approve the early retirement of these interfund loans resulting in a Special Item (Special Gain to the Development Impact Fee (DIF) Funds and SilverRock; Special Loss to the General Fund) as depicted below. Special Gain or Loss Summary by Fund The forgiveness of these loans 1) recognizes the reduction of development impact fees based on current and projected development capacity, as the City is nearly built out, 2) does not impact operations as future revenues would continue to be collected, remain in the DIF Funds and be subject to restricted DIF uses, and 3) are unusual, infrequent and not considered part of normal business operations thereby are reported separately to ensure transparency of financial reporting. A summary of the uncollectable loans is presented as follows. Uncollectable Interfund Advances Advances to Other Funds Civic Center Fund Golf Course Non-Major Governmental Total From the General Fund 7,106,231 5,553,562 2,357,334 15,017,127 Gain Loss Net Impact Civic Center Fund 7,106,231 Golf Course 5,553,562 Fire Protection DIF Fund 455,197 Street Facility DIF Fund 1,902,137 General Fund (15,017,127) 15,017,127 (15,017,127) - 299 CITY OF LA QUINTA, CALIFORNIA REQUIRED SUPPLEMENTARY INFORMATION BUDGETARY COMPARISON SCHEDULE BY DEPARTMENT GENERAL FUND USING YEAR ENDED JUNE 30, 2018 AS AN EXAMPLE See accompanying note to the required supplementary information. 75  Variance with Final Budget Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1 107,462,473$ 107,462,473$ 107,462,473$ -$ Resources (Inflows): Taxes 37,364,100 41,264,100 44,116,002 2,851,902 Licenses and permits 1,257,700 1,347,700 1,394,820 47,120 Intergovernmental 7,215,000 7,265,000 7,467,753 202,753 Charges for services 1,258,200 1,312,100 1,279,864 (32,236) Use of money and property 530,000 400,000 643,171 243,171 Fines and forfeitures 246,000 266,000 375,390 109,390 Miscellaneous 490,200 508,200 1,033,808 525,608 Extraordinary Item - - 2,899,296 2,899,296 Transfer In 190,400 - 38,048 38,048 Amounts Available for Appropriations 156,014,073 159,825,573 166,710,625 6,885,052 Charges to Appropriation (Outflows): General government Legislative 324,000 324,000 259,964 64,036 City manager 769,000 807,460 783,671 23,789 City attorney 460,000 460,000 420,511 39,489 Marketing 1,170,400 1,173,350 1,074,172 99,178 Human resources 462,900 516,590 474,561 42,029 City clerk 552,200 583,340 527,550 55,790 Fiscal services 1,123,200 1,159,860 1,033,895 125,965 Central services 1,266,300 2,549,380 2,393,228 156,152 The Hub Customer Services 786,300 809,160 766,425 42,735 Public safety Police 15,879,100 15,879,100 15,083,365 795,735 Public buildings 1,578,354 1,613,650 1,639,767 (26,117) Code compliance 1,134,500 1,143,080 1,018,033 125,047 Building & safety 917,200 925,650 686,220 239,430 Fire 6,715,000 6,715,000 6,531,244 183,756 Planning and development Current planning 524,700 554,760 482,189 72,571 Parks and recreation Community services admin 703,500 728,650 631,998 96,652 Wellness center 679,300 661,420 581,478 79,942 Recreation Programs/Special Events 365,000 366,640 310,586 56,054 Park maintenance 1,582,300 1,635,700 1,732,772 (97,072) Public works Administration 1,205,500 1,206,870 786,361 420,509 Development services 595,200 628,330 493,811 134,519 Maintenance/operations - street 8,600 8,600 10,459 (1,859) Engineering services 1,299,400 1,410,620 1,340,230 70,390 Capital outlay 37,746 2,015,000 - 2,015,000 Transfers out 8,041,000 13,242,453 5,824,567 7,417,886 Total Charges to Appropriations 48,180,700 57,118,663 44,887,058 12,231,605 Budgetary Fund Balance, June 30 107,833,373$ 102,706,910$ 121,823,567$ 19,116,657$ Budget Amounts Special Loss would be a seperate outflow (expense) line item on this page. ATTACHMENT 4 300 CITY OF LA QUINTA, CALIFORNIA BALANCE SHEET GOVERNMENTAL FUNDS JUNE 30, 2018 See accompanying notes to basic financial statements. 20  Housing Capital General Authority Improvement Civic Center Assets: Pooled cash and investments 74,640,227$ 12,080,017$ 1,448,073$ -$ Receivables: Accounts 707,510 155,486 44,800 - Taxes 2,684,368 - - - Notes and loans - 23,013,023 - - Accrued interest 147,881 3,758,290 - - Prepaid costs 90,657 - - - Due from other governments 31,169,018 7,402,927 448,702 - Due from other funds 364,115 - - - Advances to other funds 14,954,085 - - - Land held for resale 8,320,000 - - - Total Assets 133,077,861$ 46,409,743$ 1,941,575$ -$ Liabilities, Deferred Inflows of Resources and Fund Balances Liabilities: Accounts payable 2,511,587$ 16,553$ 438,249$ -$ Accrued liabilities 188,383 2,490 - - Unearned revenues 39,101 - 1,721,995 - Deposits payable 7,812,959 22,508 - - Due to other governments 78,419 - - - Due to other funds - - - - Advances from other funds - - - 7,103,053 Total Liabilities 10,630,449 41,551 2,160,244 7,103,053 Deferred Inflows of Resources: Unavailable revenue 623,845 24,678,005 128,893 - Fund Balances: Nonspendable: Prepaid costs 90,657 - - - Land held for resale 8,320,000 - - - Advances to other funds 14,954,085 - - - Due from other governments 29,611,707 - - - Restricted for: Planning and development projects - 21,690,187 - - Public safety - - - - Community services - - - - Public works - - - - Capital projects - - - - Committed to: Natural Disaster Reserve 7,400,000 - - - Economic Disaster Reserve 8,140,000 - - - Cash Flow Reserve 5,000,000 - - - Capital Replacement Reserve 5,000,000 - - - Pension Trust 2,000,000 - - - Carryovers 2,186,500 - - - Assigned for: Public safety (Note 13b)9,754,327 - - - Sales Tax Reserve 5,169,970 - - - Capital projects (Note 13b)4,996,815 - - - Unassigned 19,199,506 - (347,562) (7,103,053) Total Fund Balance 121,823,567 21,690,187 (347,562) (7,103,053) Total Liabilities, Deferred Inflows of Resources and Fund Balances 133,077,861$ 46,409,743$ 1,941,575$ -$ Special Revenue Funds Capital Projects Funds ATTACHMENT 5 301 CITY OF LA QUINTA, CALIFORNIA BALANCE SHEET GOVERNMENTAL FUNDS USING JUNE 30, 2018 AS AN EXAMPLE See accompanying notes to basic financial statements. 20  Housing Capital General Authority Improvement Civic Center Assets: Pooled cash and investments 74,640,227$ 12,080,017$ 1,448,073$ -$ Receivables: Accounts 707,510 155,486 44,800 - Taxes 2,684,368 - - - Notes and loans - 23,013,023 - - Accrued interest 147,881 3,758,290 - - Prepaid costs 90,657 - - - Due from other governments 31,169,018 7,402,927 448,702 - Due from other funds 364,115 - - - Advances to other funds - - - Land held for resale 8,320,000 - - - Total Assets 46,409,743$ 118,123,776 $ 1,941,575$ -$ Liabilities, Deferred Inflows of Resources and Fund Balances Liabilities: Accounts payable 2,511,587$ 16,553$ 438,249$ -$ Accrued liabilities 188,383 2,490 - - Unearned revenues 39,101 - 1,721,995 - Deposits payable 7,812,959 22,508 - - Due to other governments 78,419 - - - Due to other funds - - - - Advances from other funds - - - Total Liabilities 10,630,449 41,551 2,160,244 Deferred Inflows of Resources: Unavailable revenue 623,845 24,678,005 128,893 - Fund Balances: Nonspendable: Prepaid costs 90,657 - - - Land held for resale 8,320,000 - - - Advances to other funds - - - Due from other governments 29,611,707 - - - Restricted for: Planning and development projects - 21,690,187 - - Public safety - - - - Community services - - - - Public works - - - - Capital projects - - - - Committed to: Natural Disaster Reserve 7,400,000 - - - Economic Disaster Reserve 8,140,000 - - - Cash Flow Reserve 5,000,000 - - - Capital Replacement Reserve 5,000,000 - - - Pension Trust 2,000,000 - - - Carryovers 2,186,500 - - - Assigned for: Public safety (Note 13b)9,754,327 - - - Sales Tax Reserve 5,169,970 - - - Capital projects (Note 13b)4,996,815 - - - Unassigned 19,199,506 - (347,562) Total Fund Balance 106,869,482 21,690,187 (347,562) Total Liabilities, Deferred Inflows of Resources and Fund Balances 46,409,743$ 118,123,776 $ 1,941,575$ -$ Special Revenue Funds Capital Projects Funds ATTACHMENT 6 Removed Removed Removed Removed No cash impact 302 City of La Quinta JOINT CITY COUNCIL/HOUSING AUTHORITY MEETING: June 18, 2019 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO APPROVE REVISIONS TO THE CITY’S PURCHASING AND CONTRACTING POLICY RECOMMENDATION Adopt a resolution to approve revisions to the City’s Purchasing and Contracting Policy. EXECUTIVE SUMMARY •The last update to the City’s Purchasing and Contracting Policy (Policy) was April 2018. A Policy review was subsequently conducted to align it with other City policies, strengthen guidelines, and provide clarification for purchases. •The Financial Advisory Commission (FAC) reviewed and approved the draft Policy revisions (Attachment 1). FISCAL IMPACT – None. BACKGROUND In April 2018, Council amended the City’s Purchasing and Contracting Policy which sets forth policies and procedures to regulate purchasing and contracting. Staff subsequently identified amendments in order to provide consistency, clarification, meet auditing requirements, and facilitate more efficient processes. The draft Policy amendments are redlined in Attachment 1. The primary changes entail: •Additions to the Administrative Guidelines section to address aggregate vendor limits, procurement exemptions, and City payment terms. •Allowing Department Directors to assign a designee to have signing authority for certain expenditures. •Clarifying the informal bid process to increase transparency. •Additions to the “Exemption to Any Procurement Method” section to include select source justification form and disbursements exempt from purchase order requirements. This was added to accommodate those situations where services were procured without a formal bidding process, BUSINESS SESSION ITEM NO. 4 303 such as the on-going contracts with Riverside County for law enforcement and fire protection services, city attorney services, and utility services. Since these are on-going services Finance does not set-up purchase orders for these vendors, and the auditors have inquired as to what policy is in place to allow for these direct source vendors. ALTERNATIVES Council may approve as presented, incorporate changes, or request further review. Prepared by: Derrick Armendariz, Account Technician Approved by: Rosemary Hallick, Finance Services Analyst Attachment: 1. Draft Purchasing and Contracting Policy for Fiscal Year 19/20 (red-lined) 304 RESOLUTION NO. 2019 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A PURCHASING AND CONTRACTING POLICY WHEREAS, purchasing and contracting policies provide a guideline to city employees for purchasing and contracting for goods, services and projects to support, enhance and supplement city operations, and WHEREAS, purchasing and contracting policies provide transparency and consistency, and WHEREAS, purchasing and contracting policies enable the Finance department to maintain a system of financial controls for the efficient use and expenditure of public funds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. Resolution No. 2018-014 adopted on April 3, 2018 is hereby repealed, and this Resolution supersedes all prior Purchasing and Contracting Policies adopted by Council. SECTION 2. The purchasing and contracting policy attached hereto as Exhibit A and incorporated herein by reference shall govern the purchase of city supplies, goods, equipment, services and construction projects. SECTION 3. This policy, as applicable, shall constitute the procedures and rules governing the solicitation of bids and award of contracts for public works projects pursuant to Chapter 3.12, and shall constitute the procedures and rules governing the solicitation and selection of firms for services pursuant to Chapter 3.12, of the La Quinta Municipal Code. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof. 305 Resolution No. 2019- Purchasing and Contracting Policy Adopted: Page 2 of 2 SECTION 5. This Resolution shall become effective upon adoption. The Purchasing and Contracting Policy adopted by this Resolution shall go into effect immediately. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this ___ day of June 2019 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 (CITY SEAL) APPROVED AS TO FORM: ___________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 306 DRAFT RESOLUTION NO. 2019-XXX EXHIBIT A 2019/20 Purchasing & Contracting Policy 307 CITY OF LA QUINTA, CALIFORNIA PURCHASING AND CONTRACTING POLICY I. GENERAL RULES; EXCEPTIONS This Purchasing and Contracting Policy (Policy) shall apply for the solicitation and selection of all purchases and contracts within the City of La Quinta (City). Any exceptions to this Policy must be approved by the City Council (Council). The Council may, by majority vote and in accordance with its fiduciary responsibilities, approve expenditures of any amount, for any length of term, not otherwise inconsistent with any applicable law. A. ADMINISTRATIVE GUIDELINES 1.Vendor Limit. Combined purchases cannot exceed $50,000 per vendor, per fiscal year except with Council approval and in the case of major expenditures, in which a vendor has participated in a public formal bidding process. In addition, multiyear agreements in excess of $50,000 as an aggregate total per vendor will require Council approval. 2.Change Orders or Amendments. A change order or amendment is a change in a contract term, other than as specifically provided for in the contract, that authorizes or necessitates any increase or decrease of the cost of the contract or in the time of completion. Change orders that alter the amount of the contract must be authorized by Directors, City Manager, or Council depending on the amount as referenced in section II Expenditure Categories of this policy. A valid request for a change order or amendment must meet the following criteria: a.the change was not reasonably foreseeable at the time that the contract was signed; b.the change must be relevant to the original contract; and c.the change is authorized by the contract provisions and in the best interest of the City. 3.Conflict of Interest. No employee, officer, Councilmember, or agent shall participate in the selection, award, or administration of a contract if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, Councilmember, agent, or any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties 308 indicated, herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. Nothing in this Policy does or is to be construed as limiting the applicability of any other federal, state, or local laws and regulations governing prohibitions against financial conflicts of interest, including but not limited to the Political Reform Act (Government Code Section 81000 et seq.) and implementing regulations from the Fair Political Practices Commission (Title 2, Section 18110 et seq., of the California Code of Regulations), and Government Code Sections 1090-1999 and 1126. All such laws and regulations shall apply to every employee, officer, Councilmember, and agent of the City. 4. Local Vendors. Purchasing goods and services from local vendors which stimulate the local economy is encouraged but not required. 5. Green Purchasing Practices. The City is committed to Green Purchasing practices in obtaining goods and services. The City shall consider environmentally-preferable products when appropriate. Nothing in this policy requires the procurement of products that do not adequately perform their intended use, requires procurement that excludes adequate competition, or requires the procurement of products that are unavailable at a reasonable price or at a reasonable time. An environmentally- preferable product means a product that meets any of the following criteria: a. is durable, repairable, reusable, or recyclable; b. has minimal packaging, toxic content, or chemical-hazard potential; c. is resource or energy efficient in any or all phases of its manufacture, use, or disposal; or d. its use or disposal minimizes or eliminates the City’s potential environmental liability. 6. Payment Terms. The City’s standard payment terms are Net 30, meaning a payment should be issued to the vendor no later than thirty days after the invoice date, unless the City and vendor have agreed to alternate terms. 7. In no instances should purchases be split or divided in such a manner to circumvent policy process and limits. 8. If any provision of this policy is not followed by departments, a procurement exemption form must be completed and reviewed by the City Manager or their designee. 309 9. Violations of this policy may result in disciplinary action up to and including dismissal, subject to the applicable due process as prescribed in the City’s Personnel Policies and Procedures. II. EXPENDITURE CATEGORIES Purchases, which include those made by purchase order (PO), written agreement, amendment or change order that require city expenditures, are classified into five categories based on the anticipated expenditure amount. Each category establishes an authorization level, procurement method, and maximum term, which shall apply unless specifically exempted in accordance with this Policy. A. Expenditures of $50 or less (petty cash) B. Expenditures of $51 to $5,000 (operational) C. Expenditures of $5,001 to $15,000 (minor) D. Expenditures of $15,001 to $50,000 (intermediate) E. Expenditures over $50,001 (major) A. EXPENDITURES OF $50 OR LESS Authorization: Department Director, who may delegate to a Department designee Procurement: No bids or PO necessary; petty cash advances or reimbursement Term Limit: N/A Note: These transactions take the place of ordinary ongoing purchases and shall be limited in use. A cash disbursement or reimbursement may be obtained from the Finance Department and must not exceed $50 per item or combined purchase. A petty cash request form shall be completed and signed by the Department Director or designee before submittal. The form shall include the date, description of the item to be purchased, and account number. Petty cash amounts will be advanced to accommodate miscellaneous minor expenditure amounts of $50 or less and for which normal payment provisions are not practical. The Finance department will periodically audit petty cash expenditures as to form and regulations and may confirm purchases. 310 B. EXPENDITURES OF $51 to $5,000 DURING THE INITIAL TERM 1 Authorization: Department Director, who may delegate to a Department designee4 Procurement: No PO necessary; 3 informal bids/proposals 2 whenever possible Term Limit: 3 years plus one 3-year extension C. EXPENDITURES OF $5,001 to $15,000 DURING THE INITIAL TERM Authorization: Department Director or delegated by Director with confirmation from City Manager Procurement: PO required plus 3 written informal bids/proposals Term Limit: 3 years plus one 3-year extension D. EXPENDITURES OF $15,001 to $50,000 DURING THE INITIAL TERM Authorization: City Manager Procurement: PO required plus 3 informal bids/proposals plus city contract 3 Term Limit: 3 years plus one 3-year extension Purchase Orders between $25,000 and $50,000 are reviewed by City Council on a quarterly basis on the Demand Register Report. E. EXPENDITURES OVER $50,001 Authorization: City Council Procurement: PO required plus formal bids/proposals plus city contract Term Limit: no limit, any term approved by majority vote of the Council 1 For purposes of this Policy, the “Initial Term” shall be either (i) a term under the contract or PO not to exceed one year, or (ii) a term longer than one year but not to exceed the maximum number of years authorized under a “Term Limit” (set forth below) as long as the contract includes a continuing obligation for performance by a contracting party and the City has an obligation for payment only for the services actually performed and accounted for by invoice or other monthly or regular periodic documentation acceptable to the City. Under any contract or PO, either the contracting party or City may terminate the contract or PO prior to the expiration of the Initial Term for the other party’s nonperformance. 2 “Informal” bid/proposal means tangible proof. i.e. written, e-mail, or other casual medium. Departments shall document attempts to receive bids. 3 The city’s templates for contracts, agreements, amendments and change orders shall be used for category D and E purchases. The City Manager may allow for modifications of these templates or use of other contracts, agreements, amendments and change orders, or may require use of city templates for category B and C purchases when the City Manager determines it is prudent due to the level of risk exposure to the city, the need to spell out a complex scope of work, or any other reason s/he believes to be in the best interest of the city. To meet prevailing wage requirements any maintenance or repair project over $15,000 or construction project over $25,000 will require a written contract. 4 Designee is someone who’s given signing authority by Department Director or City Manager to authorize expenditures. Signature authorization form must be on file to authorize designee signing authority. 311 III. PROCUREMENT PROCEDURES - MAJOR EXPENDITURES (over $50,001) A. FORMAL BIDS FOR MAJOR PUBLIC WORKS PROJECTS AND MAJOR SUPPLIES AND EQUIPMENT PURCHASES. Major public works projects and supplies and equipment as referenced in Chapter 3.12 of the La Quinta Municipal Code, are defined as purchases and projects having an actual or estimated value of greater than fifty thousand and one dollars ($50,001). The solicitation and selection of bids and award of contracts shall comply with Section 3.12.030 of the La Quinta Municipal Code (public works contracts), and this Policy, and shall be administered through each City Department, according to the following procedures: 1. Invitation for bids. An invitation for bids (the “invitation”) shall be published in a newspaper, electronic bulletin board or online submission source, City website, or other generally-recognized source of local public works contract information, at least ten days prior to the date of the opening of bids, or as required by California Public Contract Code §20164 and §22032. Invitations shall include general descriptions of the work to be performed, the time and place of the opening of bids, the place where bidders may obtain bid documents, the amount of bid security required, and the amount and nature of performance and labor materials security that will be required. 2. Form of bids. Bids conforming to the requirements of the invitation shall be submitted to the Department Director (the “Director”) in sealed packages or by other means which will prevent the divulging of bids prior to the stated time for opening of bids, all as specified in the invitation or the bid documents. Unopened bids should be clearly marked or otherwise identifiable as bids for the project to which they apply. 3. Bid security for public works projects. Bids for public works projects shall be accompanied by cash, cashier’s check, certified check, surety bond, or other form of security stated in the invitation or bid documents, in a sum equal to at least ten percent (10%) of the amount of the bid. 4. Opening of bids. At the time and place stated in the invitation, the bids shall be publicly opened and announced. The bid amounts shall be tabulated, and the tabulation shall be available for public inspection at the City Department during regular business hours for a period of not less than thirty (30) calendar days after the bid opening. 5. Review of bids. The Director or designee shall review all bids received for completeness, accuracy, responsiveness to the invitation and the bid 312 documents, and the City’s experience with or knowledge of the qualification and reliability of each bidder and shall prepare a recommendation to the City Council. Written amounts shall take precedence over associated numeric amounts. Mathematical errors, if found, shall be corrected and shall not disqualify a bid. The corrected total shall be the bid amount considered in determining the lowest responsible bidder and shall be the contract amount awarded if the bid is selected. 6. Award of contract. Contracts shall be awarded by the City Council to the lowest responsible bidder. Determination of the lowest responsible bidder shall be at the sole discretion of the City Council pursuant to findings and recommendations presented by the Director or designee at the time of the award of contract. 7. Equal bids. If two or more equal low bids are received, the City Council may award the contract to any one of the equal low bidders by the following: a. Select one bid; or b. Reject all bids and re-solicit for bids; or c. Reject all bids and authorize negotiated agreement if consistent with federal and state laws; or d. Select one bid, which is the most responsible bidder; or e. Take any other action that the City Council deems to serve the best interest of the City. 8. No bids. When no bids are received from responsible firms, the City Council may accomplish the project in any manner it sees fit. 9. Rejection of bids. The City Council may reject any or all bids presented and may then direct that the project be re-advertised, may authorize negotiation of a contract with one or more responsible firms, or may resolve that the project can be performed more economically by City forces, day labor, time and materials contract, or other method. 10. Execution of contract. The successful bidder shall execute the contract and furnish required performance security and labor and materials security when required pursuant to the bid document. 11. Forfeiture of bid security for public works projects. If the successful bidder fails to execute the contract and furnish security within the stated time, and said failure is not primarily due to actions or omissions of the City or to acts of god, the bidder shall forfeit the bid security provided. 313 The City Council may then consider the bid of the next lowest responsible bidder. 12. Release of bid security for public works projects. Bidders are entitled to the return of their bid security unless forfeited as provided herein. The City shall retain all bid security until a contract has been executed or until the City Council rejects all bids at which time all bid security not forfeited shall be returned to the appropriate bidders. 13. Disposition of forfeited bid security for public works projects. The City shall retain forfeited bid security until a contract is awarded to another firm or the project is cancelled. The City shall retain an amount equal to the difference between the forfeiting firm’s bid and the new contract amount, if any, and an additional amount equal to administrative and other costs incurred as a result of the failure of the forfeiting bidder to enter into a contract and provide required security, and shall return any remaining amount of the bid security to the forfeiting bidder. 14. Performance security and labor and materials security for public works projects. The bidder to whom the contract is awarded (the “successful bidder”) shall furnish performance security and labor and materials security in amounts specified in the Invitation or Bid Documents. B. FORMAL PROPOSALS FOR MAJOR PROFESSIONAL AND TECHNICAL SERVICES. Major professional and technical services are defined as services having an actual or estimated value of greater than fifty thousand and one dollars ($50,001). The solicitation and selection of proposals and award of contracts shall comply with Section 3.12.020 of the La Quinta Municipal Code (service contracts), and this Policy, and shall be administered through each City Department, according to the following procedures: 1. Maintenance and Repair Services. Services intended to preserve and/or restore a public work to a clean, safe, efficient, and/or continually usable condition. Maintenance and repair services include, but are not limited to: carpentry, electrical, painting, plumbing, glazing, and other craftwork to preserve a facility in the condition for which it was intended; repairs, cleaning and other operations on machinery and other equipment permanently attached to a facility as fixtures; the mowing, pruning, and trimming of lawns, grass, trees, shrubs, bushes and hedges; and the regular removal or relocation of by-products or waste products accumulated at City facilities as the result of ongoing environmental processes. 314 2. The City Manager shall approve the preparation and release of all Requests for Proposals (RFP) and Requests for Qualifications (RFQ). 3. City staff shall determine, based on professional judgment, whether an RFP or an RFQ process best suits its needs and City staff, or a city- authorized consultant, shall prepare the RFP/RFQ document. 4. City staff, or a city-authorized consultant, or both shall prepare a list of suitable firms from known registries, professional organizations, and/or any other source. 5. City staff shall issue the RFP/RFQ to suitable firms, and may also advertise for competitive proposals. The RFP/RFQ should be included in the requisition. 6. City staff shall form a selection committee, which may include private consultants, to review the RFPs/RFQs received, and the selection committee may conduct interviews and/or hold discussions with proposing firms. 7. The selection committee shall rank the proposing firms according to the criteria specified in LQMC Section 3.12.020 (service contracts) and City staff shall notify firms of their position in the ranking. For design-build projects, the selection committee may also take into account the criteria for selection of public works contacts specified in LQMC Section 3.12.030. 8. City staff, or a City-authorized consultant, shall negotiate with the top- ranked firm to arrive at mutually-acceptable contract terms. 9. City staff, or its authorized consultant shall terminate negotiations and begin negotiations with the next-ranked firm if an agreement cannot be reached and continue this process until negotiations are successfully concluded or until the list of qualified firms submitting proposals is exhausted and an agreement cannot be reached. 10. The Council shall award or reject the contract negotiated by City staff. 315 IV. PROCUREMENT PROCEDURES – NON-MAJOR EXPENDITURES ($50,000 & under) INFORMAL BIDS OR PROPOSALS - Intermediate, Minor, and Operational Expenditure category projects, including minor public works projects, supplies, goods, equipment and minor services as referenced in Chapter 3.12 of the La Quinta Municipal Code, are defined as projects having an actual or estimated value of fifty thousand dollars ($50,000) or less. The solicitation and selection of bids and award of contracts shall comply with Section 3.12.030 of the La Quinta Municipal Code (public works projects), Section 3.12.020 of the La Quinta Municipal Code (service contracts), and this Policy, and shall be administered through each City Department, according to the following procedures: 1. Informal bids shall be obtained as dictated by this Policy from the open market and a written record of informal bids shall be kept with the related PO. If applicable, the RFP/RFQ should be included in the requisition. 2. Bid security. Security and labor and material security shall conform to the requirements for major public works projects but may be modified or waived by the City staff person authorized to make the purchase if warranted and in the best interest of the City. 3. Execution and Award of Contracts. The City Council may award contracts, or the City Manager, or designated City Director, or staff personnel may award and execute contracts, set forth in Categories A, B, C or D of Section II above, and may waive competitive bidding requirements if in the best interest of the City, provided there are unencumbered appropriations in the fund accounts against which the expenses are to be charged. V. EXEMPTION TO ANY PROCUREMENT METHOD Justification for exemption to any required procurement method may be submitted to the City Manager or in the case of a major expenditure, to the City Council under the following circumstances: a. Sole-source or select-source purchase. When determining if a purchase is sole or select source, rationale and/or proof must be provided in the purchase requisition as follows: • Demonstrate the need for a brand name product, such as to ensure compatibility with other city products and equipment. For example standardization of fleet inventory (select-source). 316 • Detail the need to add to an original scope of work (Change Order) because the original source is the only reasonable one to provide the additional goods, construction work or service needed (select- source). • Demonstrate that only one manufacturer or vendor makes and/or sells the required equipment (sole-source). • Select source form must be completed and attached to requisition. b. State, County, or other public agency cooperative purchasing program or contracts utilizing funding or other participation from agencies which require conformance with state, federal or other contracting regulations. c. The City does not require a contract for equipment purchases such as a specific type or brand of supply or part necessary for acceptable operation of a machine or device, or as required by warranty or contract on the machine or device; written documentation supporting a purchase must be provided. d. Emergency purchases made necessary by an immediate threat to life or property or a substantial disruption of a vital public service. • In advance of any local emergency, the City seeks to retain a list of available local businesses willing to provide necessary supplies, materials, equipment, services, food, care or shelter to the City through the Office of Emergency Management. Once the Emergency Operations Center (EOC) is activated, these memorandums will be activated. • In the event of an emergency, the City Manager or designee may make immediate purchases of goods and services. Emergency purchases include any purchase required to prevent imminent danger or to prevent or mitigate the loss or impairment of life, health, property, or essential public services. Every effort shall be made to obtain advance approvals or to obtain approvals as soon as possible following the purchase. • The City is not required to engage in either formal or informal competitive bidding in an emergency. The City Council delegates to the City Manager and his/her designee the authority to waive any procedures in the Policy that are not statutorily mandated when making emergency purchase of supplies, equipment, materials or services. • The Council shall ratify emergency suspension of procedures at the next properly noticed Council meeting following the emergency procurement and consider whether further suspension of procedures is required to abate the impacts of the emergency. 317 e. The awarding officer(s) may waive irregularities in formal or informal bids received provided that it is in the best interest of the City to do so, and it does not result in unfair advantage to any bidder. f. The Council may authorize the award and execution of contracts without competitive bidding provided that such award is in the best interest of the City, or of the public health, safety and welfare. g. The following disbursements are exempt from purchase order requirements i) Utility services ii) Disbursements to public agencies for which the City collects fees on behalf of that agency iii) Intergovernmental Memorandums of Understanding VI. CITY CREDIT CARD USE A. Authorization and Acknowledgement. Approval to use, issue and revoke a City credit card is at the discretion of the City Manager. Unless otherwise authorized by the City Manager, City credit cards shall have a credit limit of up to $5,000. The City Manager shall have the authority to set credit limits on a case by case basis up to $25,000. City credit cards shall be kept by the Finance Department and/or City Manager’s Office for safekeeping and prudence. Users authorized by the City Manager or designee (“Authorized Users”) must be City employees. Authorized Users may check credit cards in and out, but are encouraged to limit usage only when necessary. All credit cards shall be returned to the Finance Department or the City Manager’s Office in a timely manner after use. Use of City credit cards shall follow all other purchasing guidelines in this policy. The Finance Department requires Authorized Users to sign a Signature Authorization Form acknowledging his/her understanding of the policies and procedures for the use of the City credit card and acknowledging the receipt of the credit card. B. Appropriate City Credit Card Use. City credit cards may be used for the following: 1. Traveling on City business; 318 2. Purchasing goods and services from vendors where use of another payment method is not practical, such as the case with many internet purchases in which no actual storefront exists; 3. Securing reservations and locations for City activities, meetings and conferences, community events, honoree luncheons, marketing promotions, and sales missions; 4. Paying for meals in conjunction with official City business such as meetings with City Council, developers, consultants, or interview panels. C. Inappropriate City Credit Card Use. The credit card shall not be used for the following: 1. Cash advances, money orders, wire transfers, etc.; 2. Routine gasoline purchases; 3. Alcoholic beverages, tobacco products, prescription drugs and Cannabis 4. Political or religious organizations; 5. Firearms or ammunition; 6. Personal gifts including gift cards, flowers, etc.; 7. Long-term rentals or lease agreements; 8. Heavy-duty machinery that requires a maintenance agreement; 5. Use of the City credit card is not intended to replace effective procurement planning which enables volume discounts or to circumvent established competitive purchasing procedures. This means no purchases for goods or services should be made that would otherwise require competitive bidding; 6. Employees shall not use City credit cards for personal expenses. Charging personal items, services, entertainment or expenses of any kind on City cards is a misuse of City funds and a serious breach of City’s ethics policy. Doing so will result in disciplinary action, up to and including termination. Employees should use care in selecting between using their business and personal credit cards. D. Travel, Meetings, & Conferences. The uses of the City credit card for travel, local meetings, and conferences shall at all times comply with the standards and practices set forth within the City travel and meeting policy. All credit card charges must be supported by detailed charge receipts and submitted on an expense report to the Finance Department upon return from a business trip. E. Obtaining Goods and Services. Authorized purchases may be made in person, via approved internet site, or by telephone. Authorized Users must require vendors to itemize the receipt/invoice. An itemized receipt/invoice consists of the following information: • Date of purchase • Detailed description of goods or services purchased • Price per item 319 • Amount of sales tax and total amount • Shipping charges, if any Upon completing the credit card transaction, the employee shall submit the itemized receipt with appropriate account numbers to the Finance Department. F. Monthly Statement. At the end of a billing cycle, the Finance Department will provide to Authorized Users a statement showing all transactions made during the billing cycle for which receipts/invoices have not already been turned into the Finance Department. Authorized Users are responsible to review and reconcile monthly credit card statements. Once reconciled, the Authorized User will attach the supporting detailed charge receipts and related invoices to the monthly credit card statement and turn it into the Finance Department within two (2) working days of receipt. Falsification of receipts will subject the employee to disciplinary action, up to and including termination of employment. The Finance Director reserves the right to review each credit card statement and determine if the expenses were purchased in accordance with the City policy. G. Disputed Charges. Authorized Users are responsible for ensuring that the vendor, the issuing bank, and the Finance Director are notified immediately of any disputed charges. Authorized Users will be responsible for resolving the disputed charge directly with the credit card company. H. Returned Items. If items purchased with the credit card are found defective or the repair or services faulty, the cardholder has the responsibility to return the item to the merchant for replacement or credit to the card. Cash refunds or store credit will not be permitted. I. Timely Payment. Based on the statement cycle date, the Finance Department will ensure timely payments. Credit card charges will be paid once reconciled by the Authorized Users and approved by the Finance Department. To avoid late fees and finance charges, the Finance Department reserves the option to pay all credit card charges, even if supporting documentation is not yet received. When subsequently received, the supporting documentation will be retroactively reconciled to the payment. J. Lost or Stolen Cards. Authorized Users are responsible for ensuring that the issuing bank and the Finance Department are notified immediately if the 320 card is lost or stolen. Failure to do so may result in holding the Authorized User responsible for any fraudulent use of the card. K. Disciplinary Action. The Human Resources Department is responsible for all disciplinary action surrounding misuse of cards, including cancellation of card privileges. L. Surrender upon Request or Separation. The credit card will be immediately surrendered upon separation from City employment, retirement, termination or upon request of the City Manager. Use of the credit card for any purpose after its surrender is prohibited. FEDERALLY FUNDED PROCUREMENTS This section pertains to federal-funded projects and purchases. VII. GENERAL PROCUREMENT STANDARDS A. Code of Conduct. As representatives of the City, all employees are expected to conduct themselves in a professional and ethical manner, maintaining high standards of integrity and the use of good judgement. Employees are expected to be principled in their business interactions and act in good faith with individuals both inside and outside the City. The following Code of Conduct shall govern the performance, behavior and actions of the City, including employees, directors, appointed or elected officials, volunteers, or agents who are engaged in any aspect of procurement, including, but not limited to, purchasing goods and services, awarding contracts and grants, and the administration and supervision of contracts: 1. No employee, director, appointed or elected official, volunteer, or agent of the City shall participate in the selection, award, or administration of contracts supported by a federal award if a conflict of interest is real or apparent to a reasonable person. 2. Conflicts of interest may arise when any employee, officer, or agent of the City, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a real or apparent financial or other interest in or a tangible personal benefit form a firm considered for the contract. 3. No employee, director, appointed or elected official, volunteer, or agent of the City shall do business with, award contracts to, or show favoritism toward a member of his or her immediate family, spouse’s family, or to any company, vendor, contractor, or parties to subcontractors who either employ or has any relationship to a family member; or award a contract or 321 bid which violates the spirit or intent of federal, state and local procurement laws and policies established to maximize free and open competition among qualified vendors. 4. The City’s employees, directors, appointed or elected officials, volunteers, or agents shall neither solicit nor accept gratuities, favors, gifts, consulting fees, trips, or anything having a monetary value in excess of twenty-five dollars ($25.00) from a vendor, potential vendor, family or employees of a vendor, contractor or parties to subcontractors. 5. Disciplinary measures for violations of the Code of Conduct by employees, directors, appointed or elected officials, volunteers, or agents who are engaged in any aspect of procurement, including, but not limited to, purchasing goods and services, awarding contracts and grants, and the administration and supervision of contracts could result in disciplinary action, up to and including Dismissal, subject to the applicable due process as prescribed in the City’s Personnel Policies and Procedures. B. Solicitation Procedures 1. Acquisition of unnecessary or duplicative items must be avoided. Consideration should be given to consolidating or dividing procurements to obtain a more economical purchase. When appropriate, an analysis will be made of lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach. 2. To foster greater economy and efficiency, and in accordance with efforts to promote cost-effective use of shared services, the City shall enter into state and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use of common or shared goods and services. 3. Procuring federal excess and surplus property in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs shall be utilized. 4. Value engineering clauses may be used in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and creative analysis of each contract item or task to ensure that its essential function is provided at the overall lower cost. 5. Contracts shall only be awarded to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor 322 integrity, compliance with public policy, record of past performance, and financial and technical resources. 6. Records will be maintained sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. The City Clerk will be the repository for said records and shall be maintained for period of no less than seven (7) years. 7. Time and material type contracts (open-ended) may be used only after a determination that no other contract is suitable. Time and material type contract means a contract where the cost to the City is the sum of the actual cost of materials and direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expense, and profit. Each time and material contract will set a ceiling price that the contractor exceeds at its own risk. A higher degree of oversight is required in order to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls. 6. The City alone will be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to, source evaluation, protests, disputes, and claims. These standards do not relieve the City of any contractual responsibilities under its contracts. The federal awarding agency will not substitute its judgment for that of the City unless the matter is primarily a federal concern. Violations of law will be referred to the local, state, or federal authority having proper jurisdiction. C. Competition 1. All procurement transactions must be conducted in a manner providing full and open competition. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, and invitations for bids or requests for proposals will be excluded from competing for such procurements. Some of the situations considered to be restrictive of competition include, but are not limited to: a. Placing unreasonable requirements on firms in order for them to qualify to do business; b. Requiring unnecessary experience and excessive bonding; c. Noncompetitive pricing practices between firms or between affiliated companies; 323 d. Noncompetitive contracts to consultants that are on retainer contracts; e. Organizational conflicts of interest; f. Specifying only a brand name product instead of allowing an equal product to be offered and describing the performance or other relevant requirements of the procurement; and g. Any arbitrary action in the procurement process. 2. Procurements shall be conducted in a manner that prohibits the use of statutorily or administratively imposed state or local geographical preferences in the evaluation of bids or proposals, except in those cases where applicable federal statutes expressly mandate or encourage geographic preference. Nothing in this section preempts state licensing laws. When contracting for architectural and engineering (A/E) services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract. 3. All solicitations will incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description must not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured and, when necessary, must set forth those minimum essential characteristics and standard to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a brand name or equivalent description may be used as a means to define the performance or other relevant requirements of procurement. The specific features of the named brand which must be met by offers must be clearly stated. 4. Bids and proposals shall identify all the requirements which the offerors must fulfill and all other factors to be used in evaluation bids or proposals D. Methods of Procurement. In addition to the City’s purchasing policy approval limits, one of the following methods should be used: 1. Micro-purchase: Purchases where the aggregate dollar amount does not exceed $3,000, or the current limitation set by the Federal Acquisition Regulation at 48 CFR Subpart 2.1, where this threshold is periodically adjusted for inflation. 324 2. Small purchase: Purchases up to the Simplified Acquisition threshold, which is currently $150,000. Informal purchasing procedures are acceptable, but price or rate quotes must be obtained from an adequate number of sources. 3. Sealed bid: Purchases over the Simplified Acquisition threshold, which is currently $150,000. Under this purchase method, formal solicitation is required, and the fixed price (lump sum or unit price) is awarded to the responsible bidder who conformed to all material terms and is the lowest in price. This method is the preferred procurement method for construction contracts, if the following conditions apply: a. A complete, adequate, and realistic specification or purchase description is available; b. Two or more responsible bidders are willing and able to compete effectively for the business, and, c. The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally based on price. If this method is used, the following requirements shall apply: d. The invitation for bids will be publicly advertised and bids must be solicited from an adequate number of known suppliers, providing them sufficient response time prior to the date for opening the bids; e. The invitation for bids, which will include any specifications and pertinent attachments, must define the terms or services in order for the bidder to properly respond; f. All bids will be publicly opened at the time and place prescribed in the invitation for bids; g. A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts will only be used in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of; and h. Any or all bids may be rejected if there is a sound documented reason. 4. Competitive proposals: Purchases over the Simplified Acquisition threshold, which is currently $150,000. This procurement method requires formal solicitation, fixed-price or cost-reimbursement contracts, and is used when sealed bids are not appropriate. The contract should be awarded to the responsible firm whose proposal is most advantageous to the program, with 325 price being one of the various factors. If this method is used, the following requirements apply: a. Requests for proposals must be publicized and identify all evaluation factors and their relative importance. Any response to publicized requests for proposals must be considered to the maximum extent practical; b. Proposals must be solicited from an adequate number of qualified sources; c. The methods for conducting technical evaluations of the proposals received and for selecting recipients may include, but not limited to: oral interviews, references, past performance, availability to perform work, and certifications as determined by project scope. d. Any response that takes exception to any mandatory items in this proposal process may be rejected and not considered; e. Contracts must be awarded to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered; and, f. Competitive proposal procedures may be used for qualifications- based procurement of architectural/engineering (A/E) professional services whereby competitors’ qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services, though A/E firms are a potential source to perform the proposed effort. 5. Noncompetitive proposals: Also known as sole-source procurement, this may be appropriate only when one or more of the following criteria are met: a. The item is available only from a single source; b. The public emergency for the requirement will not permit a delay resulting from competitive solicitation; c. The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the non-federal entity; or 326 d. After solicitation of a number of sources, competition is determined inadequate. E. Contract Cost and Price. A cost or price analysis shall be performed in connection with every procurement action in excess of the Simplified Acquisition threshold ($150,000) including contract modifications. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, independent estimates shall be made prior to receiving bids and proposals. 1. Profit shall be negotiated as a separate element of the price for each contract in which there is a no price competition and in all cases where cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor’s investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. 2. Costs or prices based on estimated costs for contracts under the federal award are allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be allowable for the City under Subpart E- Cost Principles of Part 200- Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 3. The cost plus a percentage of cost and percentage of construction cost methods of contracting shall be used. F. Federal Awarding Agency or Pass-Through Entity Review. 1. The City shall make available, upon request of the federal awarding agency or pass-through entity, technical specifications on proposed procurements where the federal awarding agency or pass-through entity believes such review is needed to ensure that the item or service specified is the one being proposed for acquisition. This review generally will take place prior to the time the specification is incorporated into a solicitation document. However, if the City desires to have the review accomplished after a solicitation has been developed, the Federal awarding agency or pass-through entity may still review the specifications, with such review usually limited to the technical aspects of the proposed purchase. 2. The City will make available upon request, for the Federal awarding agency or pass-through entity pre-procurement review, procurement documents, such as requests for proposals or invitations for bids, or independent cost estimates, when: 327 a. Procurement procedures or operations fails to comply with the procurement standards in this part; b. The procurement is expected to exceed the Simplified Acquisition Threshold ($150,000) and is to be awarded without competition or only one bid or offer is received in response to a solicitation; c. The procurement, which is expected to exceed the Simplified Acquisition Threshold, specifies a “brand name” product; d. The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or e. A proposed contract modification changes the scope of a contract or increases the contract amount by more than the Simplified Acquisition Threshold. 3. The City is exempt from the pre-procurement review in paragraph 2 of this section if the federal awarding agency or pass-through entity determines that its procurement systems comply with the standards of this part. 4. The City may request that its procurement system be reviewed by the federal awarding agency or pass-through entity to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews must occur where there is continuous high-dollar funding, and third-party contracts are awarded on a regular basis; 5. The City may self-certify its procurement system. Such self-certification must not limit the federal awarding agency's right to survey the system. Under a self-certification procedure, the federal awarding agency may rely on written assurances from the City that it is complying with these standards. The City must cite specific policies, procedures, regulations, or standards as being in compliance with these requirements and have its system available for review. G. Bonding Requirements. For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold ($150,000), the federal awarding or pass-through entity may accept the bonding policy and requirements of the City provided that the federal awarding agency or pass-through entity has made a determination that the federal interest is adequately protected. If such a determination has not been made, the minimum requirements must be as follows: 1. A bid guarantee from each bidder equivalent to five percent (5%) of the bid price. The bid guarantee must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as 328 assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified; 2. A performance bond on the part of the contractor for 100 percent (100%) of the contract price. A performance bond is one executed in connection with a contract to secure fulfillment of all the contractor’s obligations under such contract; and, 3. A payment bond on the part of the contractor for 100 percent (100%) of the contract price. A payment bond is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. H. Contract Provisions. All federal funding source compliance provisions shall include the following: 1. Equal Employment Opportunity- All contracts, when funded in whole or partly by monies derived from the federal government (either directly or indirectly), shall contain a provision requiring compliance with Equal Employment Opportunity. 2. Davis-Bacon Act- Applies to construction contracts in excess of $2,000. It requires contracts to pay laborers and mechanics wages not less than the prevailing wage as determined by the Secretary of Labor and must be required to pay wages not less than once a week. Each bid solicitation published by the City must contain the current prevailing wage determination. Any award of the contract must be conditioned on contractor’s acceptance of that wage determination and suspected or reported violations of this act shall be immediately reported to the Federal awarding agency. 3. Copeland “Anti-Kickback” Act- Applies to construction contracts in excess of $2,000. It prohibits kickbacks in construction contracts funded with Federal monies. Contractors and subcontractors or subrecipients shall be prohibited from inducing any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled and suspected or reported violations shall be immediately reported to the Federal awarding agency. 4. Clean Air Act & Federal Water Pollution Control Act- Applies to contracts and sub grants in excess of $150,000. Contractor shall be required to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act. Suspected or reported violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 329 5.Debarment and Suspension- Contracts funded with federal grant monies may not be awarded to contractors that have been debarred or suspended from receiving federal monies pursuant to the System for Award Management (SAM). 6.Byrd Anti-Lobbying Amendment- Contractors that apply or bid for an award of $100,000 must certify that they will not and have not used federal funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award. I. Contracting with small and minority business, women’s business enterprises, and labor surplus area firms. All necessary affirmative steps will be taken to assure that minority business, women’s business enterprises, and labor surplus area firms are used when possible. Affirmative steps include: 1.Placing qualified small and minority businesses and women’s business enterprises on solicitation lists; 2.Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources; 3.Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women’s business enterprises; 4.Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses and women’s business enterprises; 5.Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and, 6.Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. 330 ATTACHMENT 1 CITY OF LA QUINTA, CALIFORNIA PURCHASING AND CONTRACTING POLICY I. GENERAL RULES; EXCEPTIONS. This Purchasing and Contracting Policy (Policy) shall apply for the solicitation and selection of all purchases and contracts within the City of La Quinta (City). Any exceptions to this Policy must be approved by the City Council (Council). The City Council may, by majority vote and in accordance with its fiduciary responsibilities, approve expenditures of any amount, for any length of term, not otherwise inconsistent with any applicable law. A. ADMINISTRATIVE GUIDELINES 1.Vendor Limit. Combined purchases orders cannot exceed $50,000 per vendor, per fiscal year except with Council approval and in the case of major expenditures, in which a vendor has participated in a public formal bidding process. In addition, multiyear agreements in excess of $50,000 as an aggregate total per vendor will require Council approval. 2.Change Orders or Amendments. A change order or amendment is a change in a contract term, other than as specifically provided for in the contract, that authorizes or necessitates any increase or decrease of the cost of the contract or in the time of completion. Change orders that alter the amount of the contract must be authorized by Directors, City Manager, or Council depending on the amount as referenced in section II Expenditure Categories of this policy. that can be authorized by the City Manager or Department Director. A valid request for a change order or amendment must meet the following criteria: a.the change was not reasonably foreseeable at the time that the contract was signed; b.the change must be relevant to the original contract; and c.the change is authorized by the contract provisions and in the best interest of the City. 3.Conflict of Interest. No employee, officer, Councilmember, or agent shall participate in the selection, award, or administration of a contract if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, Councilmember, agent, or any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties 331 indicated, herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. Nothing in this Policy does or is to be construed as limiting the applicability of any other federal, state, or local laws and regulations governing prohibitions against financial conflicts of interest, including but not limited to the Political Reform Act (Government Code Section 81000 et seq.) and implementing regulations from the Fair Political Practices Commission (Title 2, Section 18110 et seq., of the California Code of Regulations), and Government Code Sections 1090-1999 and 1126. All such laws and regulations shall apply to every employee, officer, Councilmember, and agent of the City. 4. Local Vendors. Purchasing goods and services from local vendors which stimulate the local economy is encouraged but not required. 5. Green Purchasing Practices. The City is committed to Green Purchasing practices in obtaining goods and services. The City shall consider environmentally-preferable products when appropriate. Nothing in this policy requires the procurement of products that do not adequately perform their intended use, requires procurement that excludes adequate competition, or requires the procurement of products that are unavailable at a reasonable price or at a reasonable time. An environmentally- preferable product means a product that meets any of the following criteria: a. is durable, repairable, reusable, or recyclable; b. has minimal packaging, toxic content, or chemical-hazard potential; c. is resource or energy efficient in any or all phases of its manufacture, use, or disposal; or d. its use or disposal minimizes or eliminates the City’s potential environmental liability. 6. Payment Terms. The City’s standard payment terms are Net 30, meaning a payment should be issued to the vendor no later than thirty days after the invoice date, unless the City and vendor have agreed to alternate terms. 7. In no instances should purchases be split or divided in such a manner to circumvent policy process and limits. 8. If any provision of this policy is not followed by departments, a procurement exemption form must be completed and reviewed by the City Manager or their designee. 332 9. Violations of this policy may result in disciplinary action up to and including dismissal, subject to the applicable due process as prescribed in the City’s Personnel Policies and Procedures. II. EXPENDITURE CATEGORIES Purchases, which include those made by purchase order (PO), written agreement, amendment or change order that require city expenditures, are classified into five categories based on the anticipated expenditure amount. Each category establishes an authorization level, procurement method, and maximum term, which shall apply unless specifically exempted in accordance with this Policy. A. Expenditures of $50 or less (petty cash) B. Expenditures of $51 to $5,000 (operational) C. Expenditures of $5,001 to $15,000 (minor) D. Expenditures of $15,001 to $50,000 (intermediate) E. Expenditures over $50,001 (major) A. EXPENDITURES OF $50 OR LESS Authorization: Department Director, who may delegate to a Department designeemanager Procurement: No bids or PO necessary; petty cash advances or reimbursement Term Limit: N/A Note: These transactions take the place of ordinary ongoing purchases and shall be limited in use. A cash disbursement or reimbursement may be obtained from the Finance Ddepartment and must not exceed $50 per item or combined purchase. A petty cash request form shall be completed and signed by the Ddepartment Ddirector or designee before submittal. The form shall include the date, description of the item to be purchased, and account number. Petty cash amounts will be advanced to accommodate miscellaneous minor expenditure amounts of $50 or less and for which normal payment provisions are not practical. The Finance department will periodically audit petty cash expenditures as to form and regulations and may confirm purchases. 333 B. EXPENDITURES OF $51 to $5,000 DURING THE INITIAL TERM 1 Authorization: Department Director, who may delegate to a Ddepartment designeemanager4 Procurement: No PO necessary; 3 informal bids/proposals 2 whenever possible Term Limit: 3 years plus one 3-year extension C. EXPENDITURES OF $5,001 to $15,000 DURING THE INITIAL TERM Authorization: Department Director or delegated by Director with confirmation from City Manager Procurement: PO required plus 3 written informal bids/proposals Term Limit: 3 years plus one 3-year extension D. EXPENDITURES OF $15,001 to $50,000 DURING THE INITIAL TERM Authorization: City Manager Procurement: PO required plus 3 informal bids/proposals plus city contract 3 Term Limit: 3 years plus one 3-year extension Purchase Orders between $25,000 and $50,000 are reviewed by City Council on a quarterly basis on the Demand Register Report. E. EXPENDITURES OVER $50,001 Authorization: City Council Procurement: PO required plus formal bids/proposals plus city contract Term Limit: no limit, any term approved by majority vote of the City Council III. PROCUREMENT PROCEDURES - MAJOR EXPENDITURES (over $50,001) 1 For purposes of this Policy, the “Initial Term” shall be either (i) a term under the contract or PO not to exceed one year, or (ii) a term longer than one year but not to exceed the maximum number of years authorized under a “Term Limit” (set forth below) as long as the contract includes a continuing obligation for performance by a contracting party and the City has an obligation for payment only for the services actually performed and accounted for by invoice or other monthly or regular periodic documentation acceptable to the City. Under any contract or PO, either the contracting party or City may terminate the contract or PO prior to the expiration of the Initial Term for the other party’s nonperformance. 2 “Informal” bid/proposal means tangible proof. i.e. verbal or wWritten, via telephone, e-mail, or other casual medium. Departments shall document attempts to receive bids. 3 The city’s templates for contracts, agreements, amendments and change orders shall be used for category D and E purchases. The City Manager may allow for modifications of these templates or use of other contracts, agreements, amendments and change orders, or may require use of city templates for category B and C purchases when the City Manager determines it is prudent due to the level of risk exposure to the city, the need to spell out a complex scope of work, or any other reason s/he believes to be in the best interest of the city. To meet prevailing wage requirements any maintenance or repair project over $15,000 or construction project over $25,000 will require a written contract. 4 Designee is someone who’s given signing authority by Department Ddirector or City Manager to authorize expenditures. Signature authorization form must be on file to authorize designee signing authority. 334 A. FORMAL BIDS FOR MAJOR PUBLIC WORKS PROJECTS AND MAJOR SUPPLIES AND EQUIPMENT PURCHASES. Major public works projects and supplies and equipment as referenced in Chapter 3.12 of the La Quinta Municipal Code, are defined as purchases and projects having an actual or estimated value of greater than fifty thousand and one dollars ($50,001). The solicitation and selection of bids and award of contracts shall comply with Section 3.12.030 of the La Quinta Municipal Code (public works contracts), and this Policy, and shall be administered through each City Department, according to the following procedures: 1. Invitation for bids. An invitation for bids (the “invitation”) shall be published in a newspaper, electronic bulletin board or online submission source, City website, World Wide Web site or other generally-recognized source of local public works contract information, at least ten days prior to the date of the opening of bids, or as required by California Public Contract Code §20164 and §22032. Invitations shall include general descriptions of the work to be performed, the time and place of the opening of bids, the place where bidders may obtain bid documents, the amount of bid security required, and the amount and nature of performance and labor materials security that will be required. 2. Form of bids. Bids conforming to the requirements of the invitation shall be submitted to the Department Director (the “Director”) in sealed packages or by other means which will prevent the divulging of bids prior to the stated time for opening of bids, all as specified in the invitation or the bid documents. Unopened bids should be clearly marked or otherwise identifiable as bids for the project to which they apply. 3. Bid security for public works projects. Bids for public works projects shall be accompanied by cash, cashier’s check, certified check, surety bond, or other form of security stated in the invitation or bid documents, in a sum equal to at least ten percent (10%) of the amount of the bid. 4. Opening of bids. At the time and place stated in the invitation, the bids shall be publicly opened and announced. The bid amounts shall be tabulated, and the tabulation shall be available for public inspection at the Public Works City Department during regular business hours for a period of not less than thirty (30) calendar days after the bid opening. 5. Review of bids. The Director or designee shall review all bids received for completeness, accuracy, responsiveness to the invitation and the bid documents, and the City’s experience with or knowledge of the qualification and reliability of each bidder and shall prepare a recommendation to the City Council. Written amounts shall take 335 precedence over associated numeric amounts. Mathematical errors, if found, shall be corrected and shall not disqualify a bid. The corrected total shall be the bid amount considered in determining the lowest responsible bidder and shall be the contract amount awarded if the bid is selected. 6. Award of contract. Contracts shall be awarded by the City Council to the lowest responsible bidder. Determination of the lowest responsible bidder shall be at the sole discretion of the City Council pursuant to findings and recommendations presented by the Director or designee at the time of the award of contract. 7. Equal bids. If two or more equal low bids are received, the City Council may award the contract to any one of the equal low bidders by the following: a. Select one bid; or b. Reject all bids and re-solicit for bids; or c. Reject all bids and authorize negotiated agreement if consistent with federal and state laws; or d. Select one bid, which is the most responsible bidder; or e. Take any other action that the City Council deems to serve the best interest of the City. 8. No bids. When no bids are received from responsible firms, the City Council may accomplish the project in any manner it sees fit. 9. Rejection of bids. The City Council may reject any or all bids presented and may then direct that the project be re-advertised, may authorize negotiation of a contract with one or more responsible firms, or may resolve that the project can be performed more economically by City forces, day labor, time and materials contract, or other method. 10. Execution of contract. The successful bidder shall execute the contract and furnish required performance security and labor and materials security when required pursuant to the bid document. 11. Forfeiture of bid security for public works projects. If the successful bidder fails to execute the contract and furnish security within the stated time, and said failure is not primarily due to actions or omissions of the City or to acts of god, the bidder shall forfeit the bid security provided. The City Council may then consider the bid of the next lowest responsible bidder. 336 12. Release of bid security for public works projects. Bidders are entitled to the return of their bid security unless forfeited as provided herein. The City shall retain all bid security until a contract has been executed or until the City Council rejects all bids at which time all bid security not forfeited shall be returned to the appropriate bidders. 13. Disposition of forfeited bid security for public works projects. The City shall retain forfeited bid security until a contract is awarded to another firm or the project is cancelled. The City shall retain an amount equal to the difference between the forfeiting firm’s bid and the new contract amount, if any, and an additional amount equal to administrative and other costs incurred as a result of the failure of the forfeiting bidder to enter into a contract and provide required security, and shall return any remaining amount of the bid security to the forfeiting bidder. 14. Performance security and labor and materials security for public works projects. The bidder to whom the contract is awarded (the “successful bidder”) shall furnish performance security and labor and materials security in amounts specified in the Invitation or Bid Documents. B. FORMAL PROPOSALS FOR MAJOR PROFESSIONAL AND TECHNICAL SERVICES. Major professional and technical services are defined as services having an actual or estimated value of greater than fifty thousand and one dollars ($50,001). The solicitation and selection of proposals and award of contracts shall comply with Section 3.12.020 of the La Quinta Municipal Code (service contracts), and this Policy, and shall be administered through each City Department, according to the following procedures: 1. Maintenance and Repair Services. Services intended to preserve and/or restore a public work to a clean, safe, efficient, and/or continually usable condition. Maintenance and repair services include, but are not limited to: carpentry, electrical, painting, plumbing, glazing, and other craftwork to preserve a facility in the condition for which it was intended; repairs, cleaning and other operations on machinery and other equipment permanently attached to a facility as fixtures; the mowing, pruning, and trimming of lawns, grass, trees, shrubs, bushes and hedges; and the regular removal or relocation of by-products or waste products accumulated at City facilities as the result of ongoing environmental processes. 2. The City Manager shall approve the preparation and release of all Requests for Proposals (RFP) and Requests for Qualifications (RFQ). 337 3. City staff shall determine, based on professional judgment, whether an RFP or an RFQ process best suits its needs and City staff, or a city- authorized consultant, shall prepare the RFP/RFQ document. 4. City staff, or a city-authorized consultant, or both shall prepare a list of suitable firms from known registries, professional organizations, and/or any other source. 5. City staff shall issue the RFP/RFQ to suitable firms, and may also advertise for competitive proposals. The RFP/RFQ should be included in the requisition. 6. City staff shall form a selection committee, which may include private consultants, to review the RFPs/RFQs received, and the selection committee may conduct interviews and/or hold discussions with proposing firms. 7. The selection committee shall rank the proposing firms according to the criteria specified in LQMC Section 3.12.020 (service contracts) and City staff shall notify firms of their position in the ranking. For design-build projects, the selection committee may also take into account the criteria for selection of public works contacts specified in LQMC Section 3.12.030. 8. City staff, or a Ccity-authorized consultant, shall negotiate with the top- ranked firm to arrive at mutually-acceptable contract terms. 9. City staff, or its authorized consultant shall terminate negotiations and begin negotiations with the next-ranked firm if an agreement cannot be reached and continue this process until negotiations are successfully concluded or until the list of qualified firms submitting proposals is exhausted and an agreement cannot be reached. 10. The City Council shall award or reject the contract negotiated by City staff. IV. PROCUREMENT PROCEDURES – NON-MAJOR EXPENDITURES ($50,000 & under) INFORMAL BIDS OR PROPOSALS - Intermediate, Minor, and Operational Expenditure category projects, including minor public works projects, supplies, goods, equipment and minor services as referenced in Chapter 3.12 of the La Quinta Municipal Code, are defined as projects having an actual or estimated value of fifty thousand dollars ($50,000) or less. The solicitation and selection of bids and award of contracts shall comply with Section 338 3.12.030 of the La Quinta Municipal Code (public works projects), Section 3.12.020 of the La Quinta Municipal Code (service contracts), and this Policy, and shall be administered through each City Department, according to the following procedures: 1. Informal bids shall be obtained verbally or in writing as dictated by this Policy from the open market and a written record of informal bids shall be kept with the related PO. If applicable, the RFP/RFQ should be included in the requisition. 2. Bid security. Security and labor and material security shall conform to the requirements for major public works projects but may be modified or waived by the City staff person authorized to make the purchase if warranted and in the best interest of the City. 3. Execution and Award of Contracts. The City Council may award contracts, or the City Manager, or designated City Director, or staff personnel may award and execute contracts, set forth in Categories A, B, C or D of Section II above, and may waive competitive bidding requirements if in the best interest of the City, provided there are unencumbered appropriations in the fund accounts against which the expenses are to be charged. V. EXEMPTION TO ANY PROCUREMENT METHOD Justification for exemption to any required procurement method may be submitted to the City Manager or in the case of a major expenditure, to the City Council under the following circumstances: a. Sole-source or select-source purchase. To determine that a sole-source or select-source purchase existsWhen determining if a purchase is sole or select source, rationale and/or proof must be provided in the purchase requisition as follows: • Acquisition Demonstrate the need of for a brand name product, such as to ensure compatibility with other city products and equipment. For example standardization of fleet inventory (select-source). • Change orders - additions Detail the need to add to an original scope of work (Change Order) when because the original source is the only reasonable one to provide the additional goods, construction work or service needed (select-source). • Only Demonstrate that only one manufacturer or vendor makes and/or sells the required equipment (sole-source). • Select source form must be completed and attached to requisition. 339 b. State, County, or other public agency cooperative purchasing program or contracts utilizing funding or other participation from agencies which require conformance with state, federal or other contracting regulations. c. The City does not require a contract for equipment purchases such as a specific type or brand of supply or part necessary for acceptable operation of a machine or device, or as required by warranty or contract on the machine or device; written documentation supporting a purchase must be provided. d. Emergency purchases made necessary by an immediate threat to life or property or a substantial disruption of a vital public service. • In advance of any local emergency, the City seeks to retain a list of available local businesses willing to provide necessary supplies, materials, equipment, services, food, care or shelter to the City through the Office of Emergency Management. Once the Emergency Operations Center (EOC) is activated, these memorandums will be activated. • In the event of an emergency, the City Manager or designee may make immediate purchases of goods and services. Emergency purchases include any purchase required to prevent imminent danger or to prevent or mitigate the loss or impairment of life, health, property, or essential public services. Every effort shall be made to obtain advance approvals or to obtain approvals as soon as possible following the purchase. • The City is not required to engage in either formal or informal competitive bidding in an emergency. The City Council delegates to the City Manager and City Manager’shis/her designee the authority to waive any procedures in the Policy that are not statutorily mandated when making emergency purchase of supplies, equipment, materials or services. • The City Council shall ratify emergency suspension of procedures at the next properly noticed Council meeting following the emergency procurement and consider whether further suspension of procedures is required to abate the impacts of the emergency. e. The awarding officer(s) may waive irregularities in formal or informal bids received provided that it is in the best interest of the City to do so, and it does not result in unfair advantage to any bidder. f. The City Council may authorize the award and execution of contracts without competitive bidding provided that such award is in the best interest of the City, or of the public health, safety and welfare. 340 g. The following disbursements are exempt from purchase order requirements i) Utility services ii) Disbursements to public agencies for which the City collects fees on behalf of that agency iii) Intergovernmental Memorandums of Understanding VI. CITY CREDIT CARD USE A. Authorization and Acknowledgement. Approval to use, issue and revoke a City credit card is at the discretion of the City Manager. Unless otherwise authorized by the City Manager, City credit cards shall have a credit limit of up to $5,000. The City Manager shall have the authority to set credit limits on a case by case basis up to $25,000. City credit cards shall be kept by the Finance Department and/or City Manager’s Office for safekeeping and prudence. Users authorized by the City Manager or designee (“Authorized Users”) must be City employees. Authorized Users may check credit cards in and out, but are encouraged to limit usage only when necessary. All credit cards shall be returned to the Finance Department or the City Manager’s Office in a timely manner after use. Use of City credit cards shall follow all other purchasing guidelines in this policy. The Finance Department requires Authorized Users to sign a Signature Authorization Form acknowledging his/her understanding of the policies and procedures for the use of the City credit card and acknowledging the receipt of the credit card. B. Appropriate City Credit Card Use. City credit cards may be used for the following: 1. Traveling on City business; 2. Purchasing goods and services from vendors where use of a another payment method check is not practical, such as the case with many internet purchases in which no actual storefront exists; 3. Securing reservations and locations for various City activities, meetings and conferences fees, community events, honoree luncheons, marketing promotions, and sales missions; 4. Paying for meals in conjunction with official City business such as meetings with City Council, developers, or consultants, or interview panels. 341 C. Inappropriate City Credit Card Use. The credit card shall not be used for the following: 1. Cash advances, money orders, wire transfers, etc.; 2. Routine gasoline purchases; 3. Alcoholic beverages, tobacco products, and, prescription drugs; and Cannabis 4. Political or religious organizations; 5. Firearms or ammunition; 6. Personal gGifts including gift cards, flowers, etc.; 7. Long-term rentals or lease agreements; 8. Heavy-duty machinery that requires a maintenance agreement; 5. Use of the City credit card is not intended to replace effective procurement planning which enables volume discounts or to circumvent established competitive purchasing procedures. This means no purchases for goods or services should be made that would otherwise require competitive bidding; 6. Employees shall not use City credit cards for personal expenses. Charging personal items, services, entertainment or expenses of any kind on City cards is a misuse of City funds and a serious breach of City’s ethics policy. Doing so will result in disciplinary action, up to and including termination. Employees should use care in selecting between using their business and personal credit cards. D. Travel, Meetings, & Conferences. The uses of the City credit card for travel, local meetings, and conferences shall at all times comply with the standards and practices set forth within the City travel and meeting policy. All credit card charges must be supported by detailed charge receipts and submitted on an expense report to the Finance Department upon return from a business trip. E. Obtaining Goods and Services. Authorized purchases may be made in person, via approved internet site, or by telephone. Authorized Users must require vendors to itemize the receipt/invoice. An itemized receipt/invoice consists of the following information: • Date of purchase • Detailed description of goods or services purchased • Price per item • Amount of sales tax and total amount • Shipping charges, if any Upon completing the credit card transaction, the employee shall submit the itemized receipt with appropriate account numbers to the Finance Department. 342 F. Monthly Statement. At the end of a billing cycle, the Finance Department will provide to Authorized Users a statement showing all transactions made during the billing cycle for which receipts/invoices have not already been turned into the Finance Department. Authorized Users are responsible to review and reconcile monthly credit card statements. Once reconciled, the Authorized User will attach the supporting detailed charge receipts and related invoices to the monthly credit card statement and turn it into the Finance Department within two (2) working days of receipt. Falsification of receipts will subject the employee to disciplinary action, up to and including termination of employment. The Finance Director reserves the right to review each credit card statement and determine if the expenses were purchased in accordance with the City policy. G. Disputed Charges. Authorized Users are responsible for ensuring that the vendor, the issuing bank, and the Finance Director are notified immediately of any disputed charges. Authorized Users will be responsible for resolving the disputed charge directly with the credit card company. H. Returned Items. If items purchased with the credit card are found defective or the repair or services faulty, the cardholder has the responsibility to return the item to the merchant for replacement or credit to the card. Cash refunds or store credit will not be permitted. I. Timely Payment. Based on the statement cycle date, the Finance Department will ensure timely payments. Credit card charges will be paid once reconciled by the Authorized Users and approved by the Finance Department. To avoid late fees and finance charges, the Finance Department reserves the option to pay all credit card charges, even if supporting documentation is not yet received. When subsequently received, the supporting documentation will be retroactively reconciled to the payment. J. Lost or Stolen Cards. Authorized Users are responsible for ensuring that the issuing bank and the Finance Department are notified immediately if the card is lost or stolen. Failure to do so may result in holding the Authorized User responsible for any fraudulent use of the card. K. Disciplinary Action. The Human Resources Ddepartment is responsible for all disciplinary action surrounding misuse of cards, including cancellation of card privileges. 343 L. Surrender upon Request or Separation. The credit card will be immediately surrendered upon separation from City employment, retirement, termination or upon request of the City Manager. Use of the credit card for any purpose after its surrender is prohibited. FEDERALLY FUNDED PROCUREMENTS This section pertains to federal-funded projects and purchases. VII. GENERAL PROCUREMENT STANDARDS A. Code of Conduct. As representatives of the City of La Quinta, all employees are expected to conduct themselves in a professional and ethical manner, maintaining high standards of integrity and the use of good judgement. Employees are expected to be principled in their business interactions and act in good faith with individuals both inside and outside the City. The following Code of Conduct shall govern the performance, behavior and actions of the City, including employees, directors, appointed or elected officials, volunteers, or agents who are engaged in any aspect of procurement, including, but not limited to, purchasing goods and services, awarding contracts and grants, and the administration and supervision of contracts: 1. No employee, director, appointed or elected official, volunteer, or agent of the City shall participate in the selection, award, or administration of contracts supported by a federal award if a conflict of interest is real or apparent to a reasonable person. 2. Conflicts of interest may arise when any employee, officer, or agent of the City, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a real or apparent financial or other interest in or a tangible personal benefit form a firm considered for the contract. 3. No employee, director, appointed or elected official, volunteer, or agent of the City shall do business with, award contracts to, or show favoritism toward a member of his or her immediate family, spouse’s family, or to any company, vendor, contractor, or parties to subcontractors who either employ or has any relationship to a family member; or award a contract or bid which violates the spirit or intent of federal, state and local procurement laws and policies established to maximize free and open competition among qualified vendors. 4. The City’s employees, directors, appointed or elected officials, volunteers, or agents shall neither solicit nor accept gratuities, favors, gifts, consulting fees, trips, or anything having a monetary value in excess of twenty-five 344 dollars ($25.00) from a vendor, potential vendor, family or employees of a vendor, contractor or parties to subcontractors. 5. Disciplinary measures for violations of the Code of Conduct by employees, directors, appointed or elected officials, volunteers, or agents who are engaged in any aspect of procurement, including, but not limited to, purchasing goods and services, awarding contracts and grants, and the administration and supervision of contracts could lead toresult in disciplinary measuresaction, up to and including possible termination of employment. Dismissal, subject to the applicable due process as prescribed in the City’s Personnel Policies and Procedures. B. Solicitation Procedures 1. Acquisition of unnecessary or duplicative items must be avoided. Consideration should be given to consolidating or dividing procurements to obtain a more economical purchase. When appropriate, an analysis will be made of lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach. 2. To foster greater economy and efficiency, and in accordance with efforts to promote cost-effective use of shared services, the City shall enter into state and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use of common or shared goods and services. 3. Procuring federal excess and surplus property in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs shall be utilized. 4. Value engineering clauses may be used in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and creative analysis of each contract item or task to ensure that its essential function is provided at the overall lower cost. 5. Contracts shall only be awarded to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. 6. Records will be maintained sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, 345 contractor selection or rejection, and the basis for the contract price. The City Clerk will be the repository for said records and shall be maintained for period of no less than seven (7) years. 7. Time and material type contracts (open-ended) may be used only after a determination that no other contract is suitable. Time and material type contract means a contract where the cost to the City is the sum of the actual cost of materials and direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expense, and profit. Each time and material contract will set a ceiling price that the contractor exceeds at its own risk. A higher degree of oversight is required in order to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls. 6. The City alone will be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to, source evaluation, protests, disputes, and claims. These standards do not relieve the City of any contractual responsibilities under its contracts. The federal awarding agency will not substitute its judgment for that of the City unless the matter is primarily a federal concern. Violations of law will be referred to the local, state, or federal authority having proper jurisdiction. C. Competition 1. All procurement transactions must be conducted in a manner providing full and open competition. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, and invitations for bids or requests for proposals will be excluded from competing for such procurements. Some of the situations considered to be restrictive of competition include, but are not limited to: a. Placing unreasonable requirements on firms in order for them to qualify to do business; b. Requiring unnecessary experience and excessive bonding; c. Noncompetitive pricing practices between firms or between affiliated companies; d. Noncompetitive contracts to consultants that are on retainer contracts; e. Organizational conflicts of interest; f. Specifying only a brand name product instead of allowing an equal product to be offered and describing the performance or other relevant requirements of the procurement; and 346 g. Any arbitrary action in the procurement process. 2. Procurements shall be conducted in a manner that prohibits the use of statutorily or administratively imposed state or local geographical preferences in the evaluation of bids or proposals, except in those cases where applicable federal statutes expressly mandate or encourage geographic preference. Nothing in this section preempts state licensing laws. When contracting for architectural and engineering (A/E) services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract. 3. All solicitations will incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description must not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured and, when necessary, must set forth those minimum essential characteristics and standard to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a brand name or equivalent description may be used as a means to define the performance or other relevant requirements of procurement. The specific features of the named brand which must be met by offers must be clearly stated. 4. Bids and proposals shall identify all the requirements which the offerors must fulfill and all other factors to be used in evaluation bids or proposals D. Methods of Procurement. In addition to the City’s purchasing policy approval limits, one of the following methods should be used: 1. Micro-purchase: Purchases where the aggregate dollar amount does not exceed $3,000, or the current limitation set by the Federal Acquisition Regulation at 48 CFR Subpart 2.1, where this threshold is periodically adjusted for inflation. 2. Small purchase: Purchases up to the Simplified Acquisition threshold, which is currently $150,000. Informal purchasing procedures are acceptable, but price or rate quotes must be obtained from an adequate number of sources. 3. Sealed bid: Purchases over the Simplified Acquisition threshold, which is currently $150,000. Under this purchase method, formal solicitation is 347 required, and the fixed price (lump sum or unit price) is awarded to the responsible bidder who conformed to all material terms and is the lowest in price. This method is the preferred procurement method for construction contracts, if the following conditions apply: a. A complete, adequate, and realistic specification or purchase description is available; b. Two or more responsible bidders are willing and able to compete effectively for the business, and, c. The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally based on price. If this method is used, the following requirements shall apply: d. The invitation for bids will be publicly advertised and bids must be solicited from an adequate number of known suppliers, providing them sufficient response time prior to the date for opening the bids; e. The invitation for bids, which will include any specifications and pertinent attachments, must define the terms or services in order for the bidder to properly respond; f. All bids will be publicly opened at the time and place prescribed in the invitation for bids; g. A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts will only be used in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of; and h. Any or all bids may be rejected if there is a sound documented reason. 4. Competitive proposals: Purchases over the Simplified Acquisition threshold, which is currently $150,000. This procurement method requires formal solicitation, fixed-price or cost-reimbursement contracts, and is used when sealed bids are not appropriate. The contract should be awarded to the responsible firm whose proposal is most advantageous to the program, with price being one of the various factors. If this method is used, the following requirements apply: a. Requests for proposals must be publicized and identify all evaluation factors and their relative importance. Any response to publicized requests for proposals must be considered to the maximum extent practical; 348 b. Proposals must be solicited from an adequate number of qualified sources; c. The methods for conducting technical evaluations of the proposals received and for selecting recipients may include, but not limited to: oral interviews, references, past performance, availability to perform work, and certifications as determined by project scope. d. Any response that takes exception to any mandatory items in this proposal process may be rejected and not considered; e. Contracts must be awarded to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered; and, f. Competitive proposal procedures may be used for qualifications- based procurement of architectural/engineering (A/E) professional services whereby competitors’ qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services, though A/E firms are a potential source to perform the proposed effort. 5. Noncompetitive proposals: Also known as sole-source procurement, this may be appropriate only when one or more of the following criteria are met: a. The item is available only from a single source; b. The public emergency for the requirement will not permit a delay resulting from competitive solicitation; c. The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the non-federal entity; or d. After solicitation of a number of sources, competition is determined inadequate. E. Contract Cost and Price. A cost or price analysis shall be performed in connection with every procurement action in excess of the Simplified Acquisition threshold ($150,000) including contract modifications. The method 349 and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, independent estimates shall be made prior to receiving bids and proposals. 1. Profit shall be negotiated as a separate element of the price for each contract in which there is a no price competition and in all cases where cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor’s investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. 2. Costs or prices based on estimated costs for contracts under the federal award are allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be allowable for the City under Subpart E- Cost Principles of Part 200- Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 3. The cost plus a percentage of cost and percentage of construction cost methods of contracting shall be used. F. Federal Awarding Agency or Pass-Through Entity Review. 1. The City shall make available, upon request of the federal awarding agency or pass-through entity, technical specifications on proposed procurements where the federal awarding agency or pass-through entity believes such review is needed to ensure that the item or service specified is the one being proposed for acquisition. This review generally will take place prior to the time the specification is incorporated into a solicitation document. However, if the City desires to have the review accomplished after a solicitation has been developed, the Federal awarding agency or pass-through entity may still review the specifications, with such review usually limited to the technical aspects of the proposed purchase. 2. The City will make available upon request, for the Federal awarding agency or pass-through entity pre-procurement review, procurement documents, such as requests for proposals or invitations for bids, or independent cost estimates, when: a. Procurement procedures or operations fails to comply with the procurement standards in this part; b. The procurement is expected to exceed the Simplified Acquisition Threshold ($150,000) and is to be awarded without competition or only one bid or offer is received in response to a solicitation; 350 c. The procurement, which is expected to exceed the Simplified Acquisition Threshold, specifies a “brand name” product; d. The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or e. A proposed contract modification changes the scope of a contract or increases the contract amount by more than the Simplified Acquisition Threshold. 3. The City is exempt from the pre-procurement review in paragraph 2 of this section if the federal awarding agency or pass-through entity determines that its procurement systems comply with the standards of this part. 4. The City may request that its procurement system be reviewed by the federal awarding agency or pass-through entity to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews must occur where there is continuous high-dollar funding, and third-party contracts are awarded on a regular basis; 5. The City may self-certify its procurement system. Such self-certification must not limit the federal awarding agency's right to survey the system. Under a self-certification procedure, the federal awarding agency may rely on written assurances from the City that it is complying with these standards. The City must cite specific policies, procedures, regulations, or standards as being in compliance with these requirements and have its system available for review. G. Bonding Requirements. For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold ($150,000), the federal awarding or pass-through entity may accept the bonding policy and requirements of the City provided that the federal awarding agency or pass-through entity has made a determination that the federal interest is adequately protected. If such a determination has not been made, the minimum requirements must be as follows: 1. A bid guarantee from each bidder equivalent to five percent (5%) of the bid price. The bid guarantee must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified; 2. A performance bond on the part of the contractor for 100 percent (100%) of the contract price. A performance bond is one executed in connection with a contract to secure fulfillment of all the contractor’s obligations under such contract; and, 351 3. A payment bond on the part of the contractor for 100 percent (100%) of the contract price. A payment bond is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. H. Contract Provisions. All federal funding source compliance provisions shall include the following: 1. Equal Employment Opportunity- All contracts, when funded in whole or partly by monies derived from the federal government (either directly or indirectly), shall contain a provision requiring compliance with Equal Employment Opportunity. 2. Davis-Bacon Act- Applies to construction contracts in excess of $2,000. It requires contracts to pay laborers and mechanics wages not less than the prevailing wage as determined by the Secretary of Labor and must be required to pay wages not less than once a week. Each bid solicitation published by the City must contain the current prevailing wage determination. Any award of the contract must be conditioned on contractor’s acceptance of that wage determination and suspected or reported violations of this act shall be immediately reported to the Federal awarding agency. 3. Copeland “Anti-Kickback” Act- Applies to construction contracts in excess of $2,000. It prohibits kickbacks in construction contracts funded with Federal monies. Contractors and subcontractors or subrecipients shall be prohibited from inducing any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled and suspected or reported violations shall be immediately reported to the Federal awarding agency. 4. Clean Air Act & Federal Water Pollution Control Act- Applies to contracts and sub grants in excess of $150,000. Contractor shall be required to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act. Suspected or reported violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 5. Debarment and Suspension- Contracts funded with federal grant monies may not be awarded to contractors that have been debarred or suspended from receiving federal monies pursuant to the System for Award Management (SAM). 352 6.Byrd Anti-Lobbying Amendment- Contractors that apply or bid for an award of $100,000 must certify that they will not and have not used federal funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award. I. Contracting with small and minority business, women’s business enterprises, and labor surplus area firms. All necessary affirmative steps will be taken to assure that minority business, women’s business enterprises, and labor surplus area firms are used when possible. Affirmative steps include: 1.Placing qualified small and minority businesses and women’s business enterprises on solicitation lists; 2.Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources; 3.Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women’s business enterprises; 4.Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses and women’s business enterprises; 5.Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and, 6.Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. 353 354 City of La Quinta JOINT CITY COUNCIL/HOUSING AUTHORITY MEETING: June 18, 2019 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTIONS TO APPROVE FISCAL YEAR 2019/20 BUDGET AND ESTABLISH THE CITY’S APPROPRIATIONS LIMIT; ADD POSITIONS OF ASSISTANT CONSTRUCTION MANAGER, CODE COMPLIANCE OFFICER II, AND MANAGEMENT ANALYST; AMEND CLASSIFICATIONS OF BUILDINGS SUPERINTENDENT TO MANAGEMENT ANALYST, MAINTENANCE MANAGER TO MANAGEMENT ANALYST, AND MAINTENANCE WORKER I TO MAINTENANCE WORKER II; AND REMOVE SENIOR CIVIL ENGINEER AND ASSOCIATE ENGINEER POSITIONS RECOMMENDATION Adopt resolutions approving the Fiscal Year 2019/20 Budget, establish the City’s appropriations limit, and add, amend, and remove classifications. EXECUTIVE SUMMARY The 2019/20 Proposed Budget consists of the City, Housing Authority, Financing Authority, and Capital Improvement budgets and incorporates Council direction provided during study sessions. The Capital Improvement Program (CIP) is a five-year program that identifies the scope, budget, and schedule for capital projects encompassing street, park, facility, and infrastructure projects. Only year one is funded with this action ($21,122,153). The Financial Advisory Commission and Housing Authority Commission have unanimously approved the recommended budget. FISCAL IMPACT The Proposed Budget anticipates total revenues of $98,599,800 and total expenditures of $95,544,450 for all funds operated by the City. A summary of revenues and expenses by fund is in Attachment 1, Exhibit B. BACKGROUND/ANALYSIS Attachment 1 provides a narrative of the 2019/20 Proposed Budget and includes the following exhibits: A – General Fund Revenues and Expenditures by Department/Division B – Summary of Revenues and Expenditures by Fund for 2018/19 C – Fiscal Year 2018/19 CIP Summary D – Appropriations Limitation Calculation (Gann Limit) BUSINESS SESSION ITEM NO. 5 355 ALTERNATIVES Council may further adjust the various appropriations included in the recommended 2019/20 Operating and Capital Improvement Program budgets. Prepared by: Karla Romero, Finance Director Approved by: Frank J. Spevacek, City Manager Attachment: 1. 2019/20 Proposed Budget Overview 356 RESOLUTION NO. 2019 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING THE CITY’S APPROPRIATION LIMIT FOR FISCAL YEAR 2019/20 AND APPROVING A BUDGET FOR FISCAL YEAR 2019/20 WHEREAS, each year the La Quinta City Council adopts a Budget for Revenues and Expenditures for the upcoming Fiscal Year; and WHEREAS, the City Council desires to make provisions for a level of services commensurate with the needs of the City; and WHEREAS, the City Council has reviewed said budget and capital improvement program and has had several public meetings to receive public input; and WHEREAS, the City Council has, after due deliberation and consideration, made such amendments in the proposed budget and capital improvement program as it considers desirable; and WHEREAS, Section 7910 of the Government Code of the State of California provides that each year the governing body of each local jurisdiction shall, by resolution, establish its appropriations limit for the following fiscal year; and WHEREAS, Section 7902(b) of the Government Code sets forth the method for determining the said appropriations limit, to be based upon the limit applicable for the prior fiscal year and adjusted for changes in the cost- of-living and in City population. NOW, THEREFORE, BE IT RESOLVED by the City of La Quinta to adopt, as follows: SECTION 1. The appropriations limit for the City of La Quinta established in accordance with Section 7902(b) of the California Government Code, for Fiscal Year 2019/20 is $135,124,379. SECTION 2. It is hereby found and determined that in compliance with Government Code Section 7910, the documentation used in the determination of said appropriations limit for Fiscal Year 2019/20 was 357 Resolution No. 2019 – Budget Approval FY 2019/20 Adopted: Page 2 of 3 available to the public in the Finance Department of the City and in the Office of the City Clerk at least fifteen days prior to this date. SECTION 3. The Fiscal Year 2019/20 Budget and capital improvement program which is on file with the City Clerk is hereby approved. SECTION 4. Continuing Appropriations which remain unspent and were authorized by Council in Fiscal Year 2018/19 are approved in the Fiscal Year 2019/20 Budget in an amount not to exceed $1,742,600 (Exhibit A). SECTION 5. Budget adjustment procedures are approved as follows: A. Additional appropriations and the transfer of cash or unappropriated fund balance from one fund to another shall be made only upon City Council approval. B. Transfers of budgeted appropriations between departments or capital projects shall be made only upon City Council approval. C. Transfers of budgeted appropriations between accounts within a department or capital project may be made with the approval of the City Manager or his designee. D. Prior year budget continuing Appropriations and Encumbrances for unexpended capital project and grant appropriations remaining from uncompleted prior year capital projects and grant programs shall be made with City Manager approval. These carry-over appropriations are for prior year Council approved capital projects and shall not exceed the approved project budget. SECTION 6. The City Council, recognizing the need for maintaining Fund Balance reserves has established a Reserve Policy. These funds cannot be appropriated without the explicit approval of the City Council. Exhibit B (General Fund Reserves Overview) will be used in the Fiscal Year 2018/19 Comprehensive Annual Financial Report “CAFR.” SECTION 7. The City Manager shall render a monthly report to the City Council on the status of City operations as it relates to the approved budget and any amendments thereto. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this ___ day of June 2019, by the following vote: 358 Resolution No. 2019 – Budget Approval FY 2019/20 Adopted: Page 3 of 3 AYES: NOES: ABSENT: ABSTAIN: _________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: __________________________ MONIKA RADEVA, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: ___________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 359 Vendor/Program Account Number Description Amount Employee Leadership & Training Programs 101-1004-60103 Professional Services 30,000$ Comprehenstive Fee Study 101-1005-60103 Professional Services 20,100$ Healthcare and World at Work Adjustments 101-1007-50115 Contingency for Staffing 80,000 Alongi Mobile Structure for SRR 101-1007-71050 Buildings 300,000 Fire Station #70 Bathroom/Kitchen Upgrades 101-2002-72110 Building Improvements 43,000 Fire Station Upgrades 101-2002-60670 Fire Station 41,600 World Triathlon Corporation 101-3003-60149 Ironman Sponsorship 75,000 Park Landscape Improvements 101-3005-60431 Materials/Supplies 35,000 Park Landscape Improvements 101-3005-60691 Maintenance/Services 15,000 Highway 111 Corridor Visioning 101-6002-60103 Professional Services 120,000 759,700 Lighting & Landscape District Improvements 215-7004-60431 Materials and Supplies 90,000 Electric Vehicle Charging Stations 235-0000-80100 Machinery & Equipment 20,000 Wellness Center Multipurpose Room 501-0000-71103 Civic Center Building Repairs 100,000 Firewall, Servers, Disaster Recovery 502-0000-60108 Technical 90,000 Citywide Traffic Control and Asset Management System 502-0000-71042 Software Enhancements Design & Development 211,900 Vermont Systems Incorporated - Recreation Software Upgrades 502-0000-71043 Software Enhancements Community Resources 26,000 Replace and Upgrade Existing Cameras 503-0000-80100 LQ Park Cameras 10,000 547,900 Washington Street Apts Rehabilition Project 248-9102-60103 Professional Services 145,000 Washington Street Apts Rehabilition Project 248-9102-60159 Relocation Benefits 250,000 Affordable Housing Programs 249-0000-80050 Affordable Housing Project Assessments 40,000 435,000 $ 1,742,600 Continuing Appropriations/Carryovers from 2018/19 to 2019/20 NOTE: All carryovers are estimates based on projected invoices to end 2018/19. Upon completion of the final audit (October 2019), Finance will verify account balances and carryover remaining funds. In no event shall a carryover exceed the per account amount noted above. TOTAL CARRYOVERS FOR ALL FUNDS GENERAL FUND CARRYOVERS SPECIAL FUNDS CARRYOVERS HOUSING AUTHORITY CARRYOVERS RESOLUTION NO. 2019-XXX EXHIBIT A 360 ESTIMATED GENERAL FUND RESERVES ESTIMATED AT 6-30-2019 LOAN PAYMENT TO GENERAL FUND FROM SUCCESSOR AGENCY OPERATING SURPLUS /(SHORTFALL) ESTIMATED AT 6-30-2020 NATURAL DISASTER 10,000,000$ 10,000,000$ ECONOMIC DISASTER 11,000,000$ 11,000,000$ CASH FLOW 5,000,000$ 5,000,000$ CAPITAL REPLACEMENT 5,000,000$ 5,000,000$ UNAPPROPRIATED 10,000,000$ 2,540,262$ $ 292,400 12,832,662$ TOTAL ESTIMATED RESERVES 41,000,000$ 2,540,262$ $ 292,400 43,832,662$ SUMMARY RESERVES 6/30/19 41,000,000$ NET CHANGE 2,832,662$ RESERVES 6/30/20 43,832,662$ CALCULATION FOR FORMER REDEVELOPMENT AGENCY LOAN REPAYMENT FY 2019/20 Approved Repayment Fund Total Repayment Distribution % Distribution $ General Fund 3,175,327$ x 80% =2,540,262 Housing Fund 3,175,327$ x 20% =635,065 3,175,327$ ESTIMATED FUND BALANCE ESTIMATED AT 6-30-2019 ADDITIONS DELETIONS ESTIMATED AT 6-30-2020 SALES TAX (MEASURE G)6,908,857$ 1,916,400$ 8,825,257$ PUBLIC SAFETY FIRE SERVICE TRUST 9,150,000$ (975,900)$ 8,174,100$ CARRYOVERS AND CAPITAL PROJECTS (GENERAL FUND ONLY)5,702,700$ 5,702,700$ PENSION TRUST FUND 6,540,000$ 200,000$ 6,740,000$ OTHER POST EMPLOYMENT BENEFITS TRUST FUND 1,574,000$ 40,000$ 1,614,000$ CITY OF LA QUINTA GENERAL FUND RESERVES OVERVIEW Based on Proposed Budget for 2019/20 ESTIMATED FOR 6-30-2020 Net change, $2,832,662 RESOLUTION NO. 2019-XXX EXHIBIT B 361 362 RESOLUTION NO. 2019 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING THE POSITIONS OF ASSISTANT CONSTRUCTION MANAGER, CODE COMPLIANCE OFFICER II, AND MANAGEMENT ANALYST; AMENDING THE CLASSIFICATIONS OF BUILDINGS SUPERINTENDENT TO MANAGEMENT ANALYST, MAINTENANCE MANAGER TO MANAGEMENT ANALYST, AND MAINTENANCE WORKER I TO MAINTENANCE WORKER II; AND REMOVING SENIOR CIVIL ENGINEER AND ASSOCIATE ENGINEER POSITIONS WHEREAS, the City Council previously approved and adopted the 2018/19 Classification Plan; and WHEREAS, the City’s Personnel Policy Section 2.05, Preparation and Amendment of Classification Plan, requires amendments to the Classification Plan be adopted by a Resolution of the City Council; and WHEREAS, adding an Assistant Construction Manager, Code Compliance Officer II, and a Management Analyst will create an opportunity to retain personnel; and WHEREAS, reclassifications of Building Superintendent to Management Analyst, Maintenance Manager to Management Analyst, and Maintenance Worker I to Maintenance Worker II will allow the City to achieve benefits, efficiencies, and expanded duties; and WHEREAS, removing a Senior Civil Engineer and Associate Engineer position will create the ability to fund the addition of above positions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City does hereby approve and adopt the revisions to the Classification Plan consisting of Authorized Positions and Fiscal Year 2018/19 Salary Schedule, attached hereto as Exhibit A and incorporated herein by reference. 363 Resolution No. 2019- Reclassification/Positions Adopted: June 18, 2019 Page 2 of 2 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 18th day of June 2019, 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 (CITY SEAL) APPROVED AS TO FORM: ___________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 364 CITY OF LA QUINTA AUTHORIZED POSITIONS EFFECTIVE JUNE 22, 2019 AUTHORIZED WORKING TITLE RATING ALLOCATED Administrative Administrative Assistant Administrative Assistant A11 6 Administrative Technician Administrative Technician B21 2 Executive Assistant B22 1 Code Administration Code Administration Technician Building Inspector I B22 1 Code Compliance Officer I B22 1 Permit Technician B22 5 Code Administration Specialist Building Inspector II B23 2 Code Compliance Officer II B23 4 Construction Inspector B23 2 Plans Examiner B24 1 Code Administration Supervisor Animal Control/Code Compliance Supervisor B32 1 Plans Examiner/Inspection Supervisor B32 1 Code Administration Coordinator Assistant Construction Manager C42 1 Construction Manager/Inspection Supervisor C43 1 Maintenance & Operations Maintenance & Operations Worker Maintenance Worker I A11 6 Parks Worker A11 Maintenance Worker II A12 3 Maintenance & Operations Technician Traffic Signal Technician B21 2 Buildings Coordinator B23 Maintenance & Operations Technician B23 2 Maintenance & Operations Coordinator Maintenance Foreman B24 2 Parks/L&L Foreman B24 1 Maintenance & Operations Superintendent Buildings Superintendent B32 Maintenance & Operations Superintendent B32 1 Parks Superintendent B32 Management Administration Management Assistant Community Resources Coordinator B21 1 Management Assistant B21/B22 6 Account Technician B22 2 Management Specialist Community Resources Specialist B24 1 Deputy City Clerk B24 1 Junior Accountant B24 1 Management Specialist B24/B25 6 Accountant B25 1 Management Coordinator C41 Management Analyst Associate Planner C42 1 Community Resources Analyst C42 1 Sr. Emergency Management Coodinator C42 1 Financial Services Analyst C42 1 Human Resources Analyst C42 1 Management Analyst C42/C43 5 Public Safety Analyst C42 1 Senior Accountant C42 1 Traffic Operations Analyst C42 1 Associate Engineer C43 1 Senior Planner C44 1 Management Manager Assistant to the City Manager D61 1 Building Official D61 1 Community Resources Manager D61 1 Hub Manager D61 1 Human Resources Manager D61 1 Maintenance Manager D61 Marketing Manager D61 1 Planning Manager D61 1 Public Safety Manager D61 1 Senior Civil Engineer D61 City Clerk D62 1 City Engineer D65 1 Director Community Resources Director E82 1 Design & Development Director E82 1 Facilities Director E82 1 Finance Director/Treasurer E82 1 City Manager City Manager F101* 1 95 CLASSIFICATION SPECIFICATION * City Manager salary is determined by City Council contract RESOLUTION NO. 2019-XX EXHIBIT A 365 366 2018/19 NON-DISCRETIONARY SALARY SCHEDULEWORKING TITLEDBM STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7Administrative AssistantMaintenance Worker IParks WorkerA11 38,625.89$ 40,557.18$ 42,488.47$ 44,419.77$ 46,351.06$ Maintenance Worker IIA12 42,496.68$ 44,621.51$ 46,746.35$ 48,871.18$ 50,996.01$ Administrative TechnicianCommunity Resources CoordinatorManagement AssistantTraffic Signal TechnicianB21 50,249.87$ 52,762.36$ 55,274.86$ 57,787.35$ 60,299.84$ Account TechnicianBuilding Inspector ICode Compliance Officer IExecutive AssistantManagement AssistantPermit TechnicianVacation Rental/License AssistantB22 54,120.65$ 56,826.68$ 59,532.71$ 62,238.75$ 64,944.78$ Building Inspector IIBuildings CoordinatorCode Compliance Officer IIConstruction InspectorMaintenance & Operations TechnicianB23 57,991.44$ 60,891.01$ 63,790.59$ 66,690.16$ 69,589.73$ Community Resources SpecialistDeputy City ClerkJunior AccountantMaintenance ForemanMaintenance & Operations CoordinatorManagement SpecialistParks/L&L ForemanPlans ExaminerB24 63,327.33$ 66,493.70$ 69,660.06$ 72,826.43$ 75,992.80$ AccountantManagement SpecialistB25 69,893.33$ 73,387.99$ 76,882.66$ 80,377.33$ 83,871.99$ Animal/Code Officer SupervisorBuildings SuperintendentParks SuperintendentMaintenance & Operations SuperindendentPlans Examiner/Inspector SupervisorB32 69,893.33$ 73,387.99$ 76,882.66$ 80,377.33$ 83,871.99$ Assistant Construction ManagerAssociate PlannerBusiness AnalystCommunity Resources AnalystSr. Emergency Management CoordinatorFinancial Services AnalystHuman Resources AnalystManagement AnalystPublic Safety AnalystSenior AccountantTraffic Operations AnalystC42 76,552.63$ 79,742.57$ 82,932.52$ 86,122.47$ 89,312.42$ 92,498.54$ 95,690.78$ ANNUAL NON-DISCRETIONARY STEPSCity Council Approval 6/19/18, 7/17/18, 10/16/18, 11/6/18, 11/20/18, 12/4/18, 2/5/19, 6/18/191 OF 4Effective 6/22/19Revised 7/17/18, 10/17/18, 11/10/18, 1/1/19, 2/5/19, 3/8/19, 6/18/19 365367 2018/19 NON-DISCRETIONARY SALARY SCHEDULEWORKING TITLEDBM STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7ANNUAL NON-DISCRETIONARY STEPSAssociate EngineerConstruction Manager/Inspection SupervisorManagement AnalystC43 80,750.66$ 84,115.54$ 87,480.42$ 90,845.30$ 94,210.18$ 97,571.02$ 100,938.33$ Senior PlannerC44 86,007.66$ 89,591.60$ 93,175.54$ 96,759.48$ 100,343.41$ 103,923.05$ 107,509.57$ Assistant to the City ManagerBuilding OfficialCommunity Resources ManagerHub ManagerHuman Resources ManagerMaintenance ManagerMarketing ManagerPlanning ManagerPublic Safety ManagerSenior Civil EngineerD61 97,568.01$ 101,633.67$ 105,699.33$ 109,764.99$ 113,830.65$ 117,891.43$ 121,960.01$ City Clerk D62 102,446.41$ 106,715.35$ 110,984.30$ 115,253.24$ 119,522.18$ 123,786.00$ 128,058.01$ City EngineerD65 117,524.43$ 122,421.68$ 127,318.92$ 132,216.16$ 137,113.41$ 142,004.77$ 146,905.54$ Community Resources DirectorDesign & Development DirectorFacilities DirectorFinance Director/City TreasurerE82 129,570.69$ 134,969.90$ 140,369.11$ 145,768.32$ 151,167.53$ 156,560.26$ 161,963.36$ City Manager F101* 176,293.44$ 183,639.59$ 190,985.74$ 198,331.88$ 205,678.03$ 213,015.36$ 220,366.80$ Part-Time EmployeesDBMSTEP 1 STEP 2 STEP 3 STEP 4 STEP 5Recreation LeaderA01 Hourly$12.00 $12.60 $13.20 $ 13.80 $14.40Senior Recreation LeaderA02 Hourly$16.00 $16.80 $17.60 $ 18.40 $19.20Administrative AssistantA11 Hourly$18.57 $19.50 $20.43 $ 21.36 $22.28Administrative TechnicianB21 Hourly $24.16 $25.37 $26.57 $ 27.78 $28.99Software Program Report WriterB24 Hourly$30.45 $31.97 $33.49 $ 35.01 $36.53Elected Official PositionsMayorCouncil MembersBoards and Commission MembersCommunity Services Commission $75.00Construction Appeals Board $0.00Housing Commission$50.00Financial Advisory Commission $75.00Oversight Board$0.00Planning Commission $100.00Per MeetingPer Meeting$2,300.00Meeting StipendPer MeetingPer MeetingPer MeetingPer MeetingMonthly $2,800.00City Council Approval 6/19/18, 7/17/18, 10/16/18, 11/6/18, 11/20/18, 12/4/18, 2/5/19, 6/18/192 OF 4Effective 6/22/19Revised 7/17/18, 10/17/18, 11/10/18, 1/1/19, 2/5/19, 3/8/19, 6/18/19 366368 2018/19 DISCRETIONARY SALARY SCHEDULEWORKING TITLEDBMSTEP 6 STEP 7 STEP 8 STEP 9 STEP 10Administrative AssistantMaintenance Worker IParks WorkerA11 47,896.05$ 49,441.04$ 50,986.03$ 52,531.02$ 54,076.01$ Maintenance Worker IIA12 52,695.81$ 54,395.61$ 56,095.41$ 57,795.21$ 59,495.01$ Administrative TechnicianCommunity Resources CoordinatorManagement AssistantTraffic Signal TechnicianB21 62,309.87$ 64,319.90$ 66,329.93$ 68,339.96$ 70,349.99$ Account TechnicianBuilding Inspector ICode Compliance Officer IExecutive AssistantManagement AssistantPermit TechnicianVacation Rental/License AssistantB22 67,109.62$ 69,274.46$ 71,439.30$ 73,604.14$ 75,768.98$ Building Inspector IIBuildings CoordinatorCode Compliance Officer IIConstruction InspectorMaintenance & Operations TechnicianB23 71,909.38$ 74,229.03$ 76,548.68$ 78,868.33$ 81,187.98$ Community Resources SpecialistDeputy City ClerkJunior AccountantMaintenance ForemanMaintenance & Operations CoordinatorManagement SpecialistParks/L&L ForemanPlans ExaminerB24 78,525.84$ 81,058.88$ 83,591.92$ 86,124.96$ 88,658.00$ AccountantManagement SpecialistB25 86,667.79$ 89,463.59$ 92,259.39$ 95,055.19$ 97,850.99$ Animal/Code Officer SupervisorBuildings SuperintendentParks SuperintendentMaintenance & Operations SuperindendentPlans Examiner/Inspector SupervisorB32 86,667.79$ 89,463.59$ 92,259.39$ 95,055.19$ 97,850.99$ ANNUAL DISCRETIONARY STEPS (PERFORMANCE BASED)City Council Approval 6/19/18, 7/17/18, 10/16/18, 11/6/18, 11/20/18, 2/5/19, 6/18/193 OF 4Effective 6/22/19Revised 7/17/18, 10/17/18, 11/10/18, 1/1/19, 2/5/19, 3/8/19, 6/18/19367369 2018/19 DISCRETIONARY SALARY SCHEDULEWORKING TITLEDBMSTEP 8 STEP 9 STEP 10 STEP 11 STEP 12STEP 13 STEP 14Assistant Construction ManagerAssociate PlannerBusiness AnalystCommunity Resources AnalystSr. Emergency Management CoordinatorFinancial Services AnalystHuman Resources AnalystManagement AnalystPublic Safety AnalystSenior AccountantTraffic Operations AnalystC42 98,424.80$ 101,158.82$ 103,892.84$ 106,626.86$ 109,360.88$ 112,094.90$ 114,828.92$ Associate EngineerConstruction Manager/Inspection SupervisorManagement AnalystC43 103,822.28$ 106,706.23$ 109,590.18$ 112,474.13$ 115,358.08$ 118,242.03$ 121,125.98$ Senior PlannerC44110,581.27$ 113,652.97$ 116,724.67$ 119,796.37$ 122,868.07$ 125,939.77$ 129,011.47$ Assistant to the City ManagerBuilding OfficialCommunity Resources ManagerHub ManagerHuman Resources ManagerMaintenance ManagerMarketing ManagerPlanning ManagerPublic Safety ManagerSenior Civil EngineerD61 125,444.58$ 128,929.15$ 132,413.72$ 135,898.29$ 139,382.86$ 142,867.43$ 146,352.00$ City ClerkD62131,716.81$ 135,375.61$ 139,034.41$ 142,693.21$ 146,352.01$ 150,010.81$ 153,669.61$ City EngineerD65151,102.84$ 155,300.14$ 159,497.44$ 163,694.74$ 167,892.04$ 172,089.34$ 176,286.64$ Community Resources DirectorDesign & Development DirectorFacilities DirectorFinance Director/City TreasurerE82 166,590.88$ 171,218.40$ 175,845.92$ 180,473.44$ 185,100.96$ 189,728.48$ 194,356.00$ City ManagerF101* 226,662.99$ 232,959.18$ 239,255.37$ 245,551.56$ 251,847.75$ 258,143.94$ 264,440.13$ ANNUAL DISCRETIONARY STEPS (PERFORMANCE BASED)City Council Approval 6/19/18, 7/17/18, 10/16/18, 11/6/18, 11/20/18, 2/5/19, 6/18/194 OF 4Effective 6/22/19Revised 7/17/18, 10/17/18, 11/10/18, 1/1/19, 2/5/19, 3/8/19, 6/18/19368370 2019/20 Proposed Budget Overview June 18, 2019 The General Fund is the City’s primary operating fund and provides funding for police, fire protection, community programs, parks, public buildings, and administrative operations. The proposed budget has a projected surplus of $292,300, a summary of revenues by category and expenses by department is in Exhibit A. Upon adoption Finance will prepare the final budget document. The 2019/20 proposed budget was presented at ten public meetings held between February and June. Since the June 4 study session, the following items have been added to the 2019/20 budget. A reorganization of the Facilities Division resulted in a savings of $32,620 and included the addition, amendment, and removal of positions as detailed in the personnel budget resolution. Funding for the Chamber of Commerce to provide the annual State of the City address was added ($8,500) and an adjusted budget of $70,000 was included for a new parking lot on Calle Tecate near the Bear Creek Trail entrance. Revenue 57,847,200$ Less Operating/CIP Expenses (55,638,500) Preliminary Budget Surplus 2,208,700 Less Measure G Reserves (1,916,400) BUDGET SURPLUS 292,300$ GENERAL FUND FY 2019/20 PROPOSED BUDGET SUMMARY BUDGET SURPLUS AS OF 6/4/19 338,180$ Facilities Reorganization Savings (32,620) State of the City 8,500 Calle Tecate Parking Lot 70,000 PROPOSED BUDGET SURPLUS 292,300$ ATTACHMENT 1 371 MEASURE G SALES TAX SUMMARY The Financial Advisory Commission was presented to Operating and Capital Improvement budgets and unanimous approved the budgetary uses of Measure G funds which is summarized below. Capital projects include landscape improvements, a Village Art Plaza promenade, Highway 111 corridor area plan implementation, and the design for an updated corporate yard administration and crew quarters. OTHER FUNDS The City operates 37 Special Revenue Funds and 4 Internal Service Funds. These funds are legally required to be held separately from the General Fund and are restricted for road repairs, recycling programs, art in public places, police programs, housing programs, bond requirements, golf course operations, retiree benefits, and internally administered services. A summary of revenue and expenses for all Funds is located in Exhibit B. The Capital Improvement Program budget reflects the five-year plan adopted by Council and a summary of funded projects is located in Exhibit C. 2019/20 BUDGET AND PERSONNEL RESOLUTIONS Annually, the City is required to prepare an Appropriations Limit Calculation (Gann Limit) in accordance with Article XIIIB of the State Constitution. The Gann initiative limits the growth in governments spending to changes in population and inflation. The Gann Limit for 2019/20 is $135,124,379, which means City expenditures must not exceed this amount. The 2019/20 budget identifies $56,851,900 of revenues subject to the Gann Limit; this is significantly below the Gann Limit by a margin of $78,272,479 (Exhibit D). The list of estimated continuing appropriations/carryovers (Exhibit A to the Budget Resolution) reflects City commitments to projects, services or purchases that were made in 2018/19 but will not be completed, fulfilled, or paid for by the end of the fiscal year. The continuing appropriations total is $1,742,600. % of Use Measure G Sales Tax Revenue 10,246,500$ Police Services (2,750,000) 27% Capital Improvements (5,580,100) 54% Available for Appropriation 1,916,400$ 19% MEASURE G SALES TAX SUMMARY 372 These unexpended funds remain available, but Council and Housing Authority approval is needed to re-appropriate them for use in 2019/20 (since all appropriations lapse at the end of the fiscal year). Capital project and grant carryovers are not included as they are part of the year-end auditing process and will be included in the 2018/19 year-end budget report. Exhibit B to the Budget Resolution depicts total General Fund reserves, which are forecasted to be $41,000,000 at the end of 2018/19; during 2019/20 Finance forecasts these reserves will increase by $2,832,662 to $43,832,662. Fund balances for Measure G sales tax, the public safety fund, the fire services trust fund, carryovers/capital projects, pension and other employee benefit trusts are also listed on Exhibit B. A personnel resolution is presented with the budget to add, amend, and remove classifications as referenced in Exhibit A of the resolution. General Fund (101)759,700$ Lighting & Landscape Fund (215)90,000$ So Coast Air Quality Fund (235)20,000$ Facility & Fleet Replacement Fund (501)100,000$ Information Technology Fund (502)327,900$ Park Equipment & Facilty Fund (503)10,000$ Housing Authority Funds (248 and 249)435,000$ 1,742,600$ CARRYOVER TOTALS BY FUND 373 374 ESTIMATED CURRENT RESOURCES: REVENUES: TAXES 45,530,600$ LICENSES & PERMITS 1,311,400 INTERGOVERNMENTAL 8,561,600 CHARGES FOR SERVICES 1,024,800 FINES & ASSESSMENTS 276,500 OTHER/MISCELLANEOUS 1,142,300 TOTAL ESTIMATED CURRENT RESOURCES 57,847,200$ ESTIMATED CURRENT REQUIREMENTS: EXPENDITURES: CITY COUNCIL 308,700$ CITY MANAGER 2,185,100 CITY MANAGER 883,500 MARKETING/COMMUNITY RELATIONS 1,301,600 CITY ATTORNEY 505,000 CITY CLERK 623,700 COMMUNITY RESOURCES 28,760,800 HUMAN RESOURCES 617,200 CR ADMIN 904,400 WELLNESS CENTER 796,400 RECREATION PROGRAMS 566,800 CODE ENFORCEMENT 1,346,300 POLICE 16,866,100 FIRE 7,663,600 DESIGN & DEVELOPMENT 5,504,800 D&D ADMIN 986,300 PLANNING 536,200 BUILDING 983,100 THE HUB 1,150,100 PUBLIC WORKS DEVELOPMENT SERVICES 619,900 ENGINEERING SERVICES 1,229,200 FACILITIES 3,515,300 PARKS MAINTENANCE 2,330,900 PUBLIC BUILDINGS 1,109,900 STREETS 74,500 FISCAL SERVICES 14,235,100 FINANCE 1,253,200 CENTRAL SERVICES (Includes CIP)12,981,900 TOTAL ESTIMATED CURRENT REQUIREMENTS 55,638,500$ PRELIMINARY BUDGET SURPLUS 2,208,700$ LESS MEASURE G SALES TAX RESERVES (1,916,400) PROPOSED BUDGET SURPLUS 292,300$ FISCAL YEAR 2019/20 PROPOSED BUDGET CITY OF LA QUINTA GENERAL FUND REVENUES AND EXPENDITURES BY DEPARTMENT/DIVISION EXHIBIT A 375 2017/18 Actuals 2018/19 Original 2018/19 Current 2019/20 Proposed 2019/20 Adopted 101 - GENERAL FUND 310 - Tax Revenues 2,317,101 2,261,000 2,261,000 2,306,220 2,306,200101-0000-40310 Property Tax Revenue 4,522,612 4,500,000 4,600,000 4,692,000 4,692,000101-0000-40311 No-Low City Property Tax 1,995,222 1,978,000 2,300,000 2,346,000 2,346,000101-0000-40315 RPTTF Pass Through 8,989,328 8,900,000 9,300,000 9,535,900 9,535,900101-0000-41320 State Sales Tax 9,967,657 8,455,000 10,145,000 10,246,500 10,246,500101-0000-41326 Measure G Sales Tax 718,472 550,000 550,000 575,000 575,000101-0000-41327 Document Transfer Tax 6,588,185 6,400,000 6,550,000 6,600,000 6,600,000101-0000-41400 TOT - Hotels 2,804,647 2,400,000 2,800,000 2,800,000 2,800,000101-0000-41401 TOT - Short Term Vac. Rental 105,133 110,000 110,000 100,000 100,000101-0000-41402 TOT - Bed and Breakfast 345,291 360,000 360,000 360,000 360,000101-0000-41416 TOT - Resort Fees 817,032 650,000 650,000 750,000 750,000101-0000-41505 Franchise Taxes - Burrtec 125,843 127,000 127,000 129,000 129,000101-0000-41508 Southern California Gas Franc 632,794 590,000 590,000 600,000 600,000101-0000-41509 Cable Television Franchise Fee 245,337 300,000 300,000 325,000 325,000101-0000-41510 Communications Franchise Fe 3,941,348 4,078,000 4,078,000 4,165,000 4,165,000101-0000-41800 Property Tax in Lieu of VLF 310 - Tax Revenues Totals:44,116,003 41,659,000 44,721,000 45,530,620 45,530,600 320 - Licenses & Permits 119,130 108,000 140,000 120,000 120,000101-0000-41415 STVR Registration Fee 333,942 340,000 340,000 345,000 345,000101-0000-41600 Business Licenses 4,560 6,000 0 0 0101-0000-41601 Cannabis Delivery License 2,220 1,000 1,000 500 500101-0000-41610 Film Permits 145,194 125,000 125,000 150,000 150,000101-0000-42400 Building Permits 68,615 50,000 50,000 55,000 55,000101-0000-42401 Plumbing Permits 88,756 70,000 70,000 75,000 75,000101-0000-42402 Mechanical Permits 60,833 50,000 50,000 50,000 50,000101-0000-42403 Electrical Permits 185,642 140,000 160,000 150,000 150,000101-0000-42404 Miscellaneous Permits 9,170 10,000 10,000 11,000 11,000101-0000-42405 Garage Sale Permits 240 200 200 200 200101-0000-42406 Golf Cart Permits 14,201 8,000 8,000 7,000 7,000101-0000-42408 Grading Permits 5,826 4,000 4,000 4,000 4,000101-0000-42410 Driveway Permits 320 500 500 500 500101-0000-42414 Massage Permits 48,538 30,000 35,000 50,000 50,000101-0000-42420 Fire Plan Review Fee 24,930 12,000 19,000 30,000 30,000101-0000-42421 Fire Inspection Fee 2,446 2,500 2,500 2,000 2,000101-0000-42430 Transportation Permits 23,938 12,500 12,500 13,000 13,000101-0000-42431 Conditional Use Permits 2,799 2,800 2,800 2,800 2,800101-0000-42433 Minor Use Permit 17,094 18,000 18,000 18,000 18,000101-0000-42434 Sign Permit 58,055 52,000 52,000 54,000 54,000101-0000-42435 Site Development Permit 25,276 12,100 12,100 12,100 12,100101-0000-42436 Final Landscaping Plans 0 3,300 3,300 3,300 3,300101-0000-42437 Development Agreement 8,219 6,000 6,000 8,000 8,000101-0000-42439 Temporary Use Permit 144,876 150,000 150,000 150,000 150,000101-0000-43632 Public Works Permits 320 - Licenses & Permits Totals:1,394,820 1,213,900 1,271,900 1,311,400 1,311,400 330 - Intergovernmental 7,052,080 7,057,600 7,223,200 7,127,700 7,127,700101-0000-42500 Fire Service Credit 0 0 0 474,300 975,900101-0000-42501 Fire Service Reserves 290,673 85,000 85,000 455,000 455,000101-0000-43633 CSA 152 Assessments 125,000 3,000 3,000 3,000 3,000101-0000-43650 Contributions from Other Age 330 - Intergovernmental Totals:7,467,752 7,145,600 7,311,200 8,060,000 8,561,600 340 - Charges for Services 45,269 55,000 55,000 45,000 45,000101-0000-42200 Leisure Enrichment 6,521 6,000 6,000 6,000 6,000101-0000-42202 Gift Shop 42,086 45,500 45,500 45,000 45,000101-0000-42210 Youth Sports 7,200 6,000 6,000 6,000 6,000101-0000-42211 Adult Sports 34,033 30,000 30,000 35,000 35,000101-0000-42212 Facility Rental 21,338 20,000 20,000 20,000 20,000101-0000-42213 Special Event 55,248 45,000 45,000 55,000 55,000101-0000-42214 Wellness Center Leisure Enric 2,465 2,000 2,000 1,500 1,500101-0000-42216 Senior Center Special Events 131,147 125,000 125,000 150,000 150,000101-0000-42218 Wellness Center Memberships 2,317,101 2,261,000 2,261,000 2,306,220 2,306,200 4,522,612 4,500,000 4,600,000 4,692,000 4,692,000 1,995,222 1,978,000 2,300,000 2,346,000 2,346,000 8,989,328 8,900,000 9,300,000 9,535,900 9,535,900 9,967,657 8,455,000 10,145,000 10,246,500 10,246,500 718,472 550,000 550,000 575,000 575,000 6,588,185 6,400,000 6,550,000 6,600,000 6,600,000 2,804,647 2,400,000 2,800,000 2,800,000 2,800,000 105,133 110,000 110,000 100,000 100,000 345,291 360,000 360,000 360,000 360,000 817,032 650,000 650,000 750,000 750,000 125,843 127,000 127,000 129,000 129,000 632,794 590,000 590,000 600,000 600,000 245,337 300,000 300,000 325,000 325,000 3,941,348 4,078,000 4,078,000 4,165,000 4,165,000 44,116,003 41,659,000 44,721,000 45,530,620 45,530,600 119,130 108,000 140,000 120,000 120,000 333,942 340,000 340,000 345,000 345,000 4,560 6,000 0 0 0 2,220 1,000 1,000 500 500 145,194 125,000 125,000 150,000 150,000 68,615 50,000 50,000 55,000 55,000 88,756 70,000 70,000 75,000 75,000 60,833 50,000 50,000 50,000 50,000 185,642 140,000 160,000 150,000 150,000 9,170 10,000 10,000 11,000 11,000 240 200 200 200 200 14,201 8,000 8,000 7,000 7,000 5,826 4,000 4,000 4,000 4,000 320 500 500 500 500 48,538 30,000 35,000 50,000 50,000 24,930 12,000 19,000 30,000 30,000 2,446 2,500 2,500 2,000 2,000 23,938 12,500 12,500 13,000 13,000 2,799 2,800 2,800 2,800 2,800 17,094 18,000 18,000 18,000 18,000 58,055 52,000 52,000 54,000 54,000 25,276 12,100 12,100 12,100 12,100 0 3,300 3,300 3,300 3,300 8,219 6,000 6,000 8,000 8,000 144,876 150,000 150,000 150,000 150,000 1,394,820 1,213,900 1,271,900 1,311,400 1,311,400 7,052,080 7,057,600 7,223,200 7,127,700 7,127,700 0 0 0 474,300 975,900 290,673 85,000 85,000 455,000 455,000 125,000 3,000 3,000 3,000 3,000 7,467,752 7,145,600 7,311,200 8,060,000 8,561,600 45,269 55,000 55,000 45,000 45,000 6,521 6,000 6,000 6,000 6,000 42,086 45,500 45,500 45,000 45,000 7,200 6,000 6,000 6,000 6,000 34,033 30,000 30,000 35,000 35,000 21,338 20,000 20,000 20,000 20,000 55,248 45,000 45,000 55,000 55,000 2,465 2,000 2,000 1,500 1,500 131,147 125,000 125,000 150,000 150,000 CITY OF LA QUINTA GENERAL FUND REVENUE DETAILS (Page 2 of 7) 376 2017/18 Actuals 2018/19 Original 2018/19 Current 2019/20 Proposed 2019/20 Adopted 50000101-0000-42300 Cash Over/Short 72,528 25,000 25,000 25,000 25,000101-0000-42301 Miscellaneous Revenue 360 200 200 200 200101-0000-42303 NSF Charges 0 5,000 5,000 5,000 5,000101-0000-42411 Village Use Permit 4,013 2,000 2,000 2,500 2,500101-0000-42412 Minor Adjustment, Plan Check 32,733 8,200 8,200 15,000 15,000101-0000-42415 Tentative Tract Map 14,347 6,000 6,000 15,000 15,000101-0000-42416 Digitization/Records Managem 2,168 1,200 1,200 1,500 1,500101-0000-42417 Modification by Applicant 1,500 1,500 1,500 1,500 1,500101-0000-42440 Appeals - Planning Commissio 19,514 9,200 19,200 8,500 8,500101-0000-42443 Zone Change 3,696 4,300 4,300 5,000 5,000101-0000-42445 Environmental Assessment 19,456 10,200 10,000 5,000 5,000101-0000-42446 General Plan Amendment 6,365 4,500 4,500 5,000 5,000101-0000-42447 Home Occupations 10,848 5,000 10,000 10,000 10,000101-0000-42448 Tenative Parcel Map 13,343 0 5,000 0 0101-0000-42451 Specific Plan 564,556 425,000 425,000 450,000 450,000101-0000-42600 Building Plan Check Fees 575 300 300 300 300101-0000-42610 SMIP Fees 0 300 300 300 300101-0000-42615 CBSC Administrative Fees 167,174 175,000 175,000 110,000 110,000101-0000-42810 Public Works Dev. Plan Check 1,381 800 800 1,500 1,500101-0000-43631 CVMSHCP Admin Fee 340 - Charges for Services Totals:1,279,869 1,018,200 1,038,000 1,024,800 1,024,800 350 - Fines, Forfeitures & Abatements 26,661 18,000 18,000 14,000 14,000101-0000-42700 Administrative Citations 48,790 20,000 20,000 3,000 3,000101-0000-42701 Lot Abatement 42,268 15,000 15,000 15,000 15,000101-0000-42702 Vehicle Abatement 72,403 70,000 70,000 70,000 70,000101-0000-42703 Vehicle Impound Fee 110,066 90,000 90,000 105,000 105,000101-0000-42705 Motor Vehicle Code Fines 35,507 37,000 37,000 20,000 20,000101-0000-42706 Parking Violations 24,563 16,000 16,000 10,000 10,000101-0000-42707 Misc Fines 7,542 6,500 6,500 6,500 6,500101-0000-42708 Graffiti Removal 7,590 3,000 23,000 25,000 25,000101-0000-42709 False Alarm Fees - Police 0 0 10,000 8,000 8,000101-0000-42710 False Alarm Fees - Fire 50 - Fines, Forfeitures & Abatements Totals:375,390 275,500 305,500 276,500 276,500 360 - Use of Money & Property 0 0 13,000 4,000 4,000101-0000-41411 STVR Inspection Fee 353,784 270,000 270,000 300,000 300,000101-0000-41900 Allocated Interest 177,071 60,000 60,000 110,000 110,000101-0000-41915 Non-Allocated Interest 2,554 10,000 10,000 0 0101-0000-42111 Rental Income 109,762 130,000 130,000 143,000 143,000101-0000-42120 Lease Revenue - Cell Towers 360 - Use of Money & Property Totals:643,171 470,000 483,000 557,000 557,000 370 - Miscellaneous 790,402 375,000 375,000 400,000 400,000101-0000-41410 TOT - Mitigation Measures 21,999 15,000 26,000 17,000 17,000101-0000-41504 AMR Compliance 156,173 105,000 105,000 110,000 110,000101-0000-41507 Burrtec Admin Cost Reimburs 4,8610000101-0000-42000 Insurance Recoveries 5,8430000101-0000-42130 SB 1186 Revenue 61 100 100 100 100101-0000-42140 Sales of Publications & Materi 47,466 10,000 70,000 50,000 50,000101-0000-42305 Miscellaneous Reimbursement 6,219 10,000 10,000 8,000 8,000101-0000-43505 Credit Card Fee Revenue 779 100 100 200 200101-0000-45000 Sale of Other Assets 370 - Miscellaneous Totals:1,033,804 515,200 586,200 585,300 585,300 50000 72,528 25,000 25,000 25,000 25,000 360 200 200 200 200 0 5,000 5,000 5,000 5,000 4,013 2,000 2,000 2,500 2,500 32,733 8,200 8,200 15,000 15,000 14,347 6,000 6,000 15,000 15,000 2,168 1,200 1,200 1,500 1,500 1,500 1,500 1,500 1,500 1,500 19,514 9,200 19,200 8,500 8,500 3,696 4,300 4,300 5,000 5,000 19,456 10,200 10,000 5,000 5,000 6,365 4,500 4,500 5,000 5,000 10,848 5,000 10,000 10,000 10,000 13,343 0 5,000 0 0 564,556 425,000 425,000 450,000 450,000 575 300 300 300 300 0 300 300 300 300 167,174 175,000 175,000 110,000 110,000 1,381 800 800 1,500 1,500 1,279,869 1,018,200 1,038,000 1,024,800 1,024,800 26,661 18,000 18,000 14,000 14,000 48,790 20,000 20,000 3,000 3,000 42,268 15,000 15,000 15,000 15,000 72,403 70,000 70,000 70,000 70,000 110,066 90,000 90,000 105,000 105,000 35,507 37,000 37,000 20,000 20,000 24,563 16,000 16,000 10,000 10,000 7,542 6,500 6,500 6,500 6,500 7,590 3,000 23,000 25,000 25,000 0 0 10,000 8,000 8,000 375,390 275,500 305,500 276,500 276,500 0 0 13,000 4,000 4,000 353,784 270,000 270,000 300,000 300,000 177,071 60,000 60,000 110,000 110,000 2,554 10,000 10,000 0 0 109,762 130,000 130,000 143,000 143,000 643,171 470,000 483,000 557,000 557,000 790,402 375,000 375,000 400,000 400,000 21,999 15,000 26,000 17,000 17,000 156,173 105,000 105,000 110,000 110,000 4,8610000 5,8430000 61 100 100 100 100 47,466 10,000 70,000 50,000 50,000 6,219 10,000 10,000 8,000 8,000 779 100 100 200 200 1,033,804 515,200 586,200 585,300 585,300 CITY OF LA QUINTA GENERAL FUND REVENUE DETAILS (Page 3 of 7) (Page 3 of 7) 377 2017/18 Actuals 2018/19 Original 2018/19 Current 2019/20 Proposed 2019/20 Adopted 380 - Transfers In 38,048 0 114,250 0 0101-0000-49500 Transfers In 380 - Transfers In Totals:38,048 0 114,250 0 0 101 - GENERAL FUND Totals:56,348,857 52,297,400 55,831,050 57,345,620 57,847,200 38,048 0 114,250 0 0 38,048 0 114,250 0 0 56,348,857 52,297,400 55,831,050 57,345,620 57,847,200 CITY OF LA QUINTA GENERAL FUND REVENUE DETAILS (Page 4 of 7) 378 2017/18 Actuals 2018/19 Original 2018/19 Current 2019/20 Proposed 2019/20 Adopted 1001 - City Council 259,964 308,000 309,300 308,700 308,700 Salaries and Benefits 242,278 272,400 273,700 273,700 272,800 Maintenance & Operations 17,686 35,600 35,600 35,000 35,900 1002 - City Manager 783,671 901,500 920,900 883,100 883,500 Salaries and Benefits 597,074 653,300 674,200 616,500 616,900 Contract Services 77,624 117,000 117,000 105,000 105,000 Maintenance & Operations 79,573 94,500 93,000 101,000 101,000 Internal Service Charges 29,400 36,700 36,700 60,600 60,600 1003 - City Attorney 420,511 485,000 535,000 505,000 505,000 Contract Services 420,511 485,000 535,000 505,000 505,000 1004 - Human Resources 474,561 567,650 666,857 590,900 617,200 Salaries and Benefits 254,899 308,200 351,007 341,100 367,400 Contract Services 115,282 119,250 142,350 96,500 96,500 Maintenance & Operations 87,580 116,900 150,200 112,000 112,000 Internal Service Charges 16,800 23,300 23,300 41,300 41,300 1005 - City Clerk 527,550 595,100 578,493 623,700 623,700 Salaries and Benefits 399,776 417,400 373,393 398,300 398,300 Contract Services 85,544 114,000 141,400 147,000 147,000 Maintenance & Operations 12,830 21,200 21,200 24,700 24,700 Internal Service Charges 29,400 42,500 42,500 53,700 53,700 1006 - Finance 1,033,895 1,149,400 1,198,800 1,253,150 1,253,200 Salaries and Benefits 830,963 874,500 884,900 910,100 910,100 Contract Services 106,426 148,000 184,000 200,000 200,000 Maintenance & Operations 29,405 34,900 37,900 35,200 35,200 Internal Service Charges 67,100 92,000 92,000 107,850 107,900 1007 - Central Services 8,217,796 9,218,463 25,884,041 12,356,400 12,981,900 Salaries and Benefits 1,646,001 1,221,900 7,525,700 1,453,000 1,453,000 Maintenance & Operations 112,228 206,100 296,100 223,200 223,200 Capital Expenses 0 0 429,250 60,000 60,000 Internal Service Charges 635,000 680,700 680,700 667,100 667,100 Transfers Out 5,824,567 7,109,763 16,952,291 9,953,100 10,578,600 2001 - Police 15,083,365 17,019,000 16,312,750 16,767,550 16,866,100 Contract Services 15,039,388 16,956,000 16,219,750 16,662,000 16,753,000 Maintenance & Operations 6,533 10,000 10,000 10,000 12,500 Utilities 12,444 14,000 14,000 14,000 14,000 Capital Expenses 0 0 30,000 30,000 35,000 Internal Service Charges 25,000 39,000 39,000 51,550 51,600 2002 - Fire 6,531,244 7,057,600 7,263,200 7,661,000 7,663,600 Salaries and Benefits 0 0 90,600 194,000 194,000 Contract Services 6,336,243 6,789,500 6,759,500 7,018,100 7,019,700 Office Supplies 00001,000 Maintenance & Operations 38,265 76,500 76,500 73,700 73,700 Insurance 5,515 0 40,000 15,000 15,000 Repair & Maintenance 31,772 25,000 25,000 60,000 60,000 Utilities 63,448 82,000 82,000 83,000 83,000 Capital Expenses 0 15,000 120,000 135,000 135,000 Internal Service Charges 56,000 69,600 69,600 82,200 82,200 3001 - Community Resources Administrat 631,998 853,900 848,200 903,700 904,400 Salaries and Benefits 475,456 554,900 549,200 624,300 624,300 Contract Services 52,460 65,000 65,000 90,000 90,000 Maintenance & Operations 55,783 187,400 187,400 127,400 128,100 Internal Service Charges 48,300 46,600 46,600 62,000 62,000 3002 - Wellness Center Operations 581,478 647,700 652,700 680,400 796,400 Salaries and Benefits 439,880 427,800 434,800 449,600 565,600 259,964 308,000 309,300 308,700 308,700 242,278 272,400 273,700 273,700 272,800 17,686 35,600 35,600 35,000 35,900 783,671 901,500 920,900 883,100 883,500 597,074 653,300 674,200 616,500 616,900 77,624 117,000 117,000 105,000 105,000 79,573 94,500 93,000 101,000 101,000 29,400 36,700 36,700 60,600 60,600 420,511 485,000 535,000 505,000 505,000 420,511 485,000 535,000 505,000 505,000 474,561 567,650 666,857 590,900 617,200 254,899 308,200 351,007 341,100 367,400 115,282 119,250 142,350 96,500 96,500 87,580 116,900 150,200 112,000 112,000 16,800 23,300 23,300 41,300 41,300 527,550 595,100 578,493 623,700 623,700 399,776 417,400 373,393 398,300 398,300 85,544 114,000 141,400 147,000 147,000 12,830 21,200 21,200 24,700 24,700 29,400 42,500 42,500 53,700 53,700 1,033,895 1,149,400 1,198,800 1,253,150 1,253,200 830,963 874,500 884,900 910,100 910,100 106,426 148,000 184,000 200,000 200,000 29,405 34,900 37,900 35,200 35,200 67,100 92,000 92,000 107,850 107,900 8,217,796 9,218,463 25,884,041 12,356,400 12,981,900 1,646,001 1,221,900 7,525,700 1,453,000 1,453,000 112,228 206,100 296,100 223,200 223,200 0 0 429,250 60,000 60,000 635,000 680,700 680,700 667,100 667,100 5,824,567 7,109,763 16,952,291 9,953,100 10,578,600 15,083,365 17,019,000 16,312,750 16,767,550 16,866,100 15,039,388 16,956,000 16,219,750 16,662,000 16,753,000 6,533 10,000 10,000 10,000 12,500 12,444 14,000 14,000 14,000 14,000 0 0 30,000 30,000 35,000 25,000 39,000 39,000 51,550 51,600 6,531,244 7,057,600 7,263,200 7,661,000 7,663,600 0 0 90,600 194,000 194,000 6,336,243 6,789,500 6,759,500 7,018,100 7,019,700 00001,000 38,265 76,500 76,500 73,700 73,700 5,515 0 40,000 15,000 15,000 31,772 25,000 25,000 60,000 60,000 63,448 82,000 82,000 83,000 83,000 0 15,000 120,000 135,000 135,000 56,000 69,600 69,600 82,200 82,200 631,998 853,900 848,200 903,700 904,400 475,456 554,900 549,200 624,300 624,300 52,460 65,000 65,000 90,000 90,000 55,783 187,400 187,400 127,400 128,100 48,300 46,600 46,600 62,000 62,000 581,478 647,700 652,700 680,400 796,400 439,880 427,800 434,800 449,600 565,600 CITY OF LA QUINTA GENERAL FUND REVENUE DETAILS (Page 5 of 7) 379 2017/18 Actuals 2018/19 Original 2018/19 Current 2019/20 Proposed 2019/20 Adopted Contract Services 78,169 99,300 99,300 99,300 99,300 Maintenance & Operations 46,301 63,500 61,500 68,500 68,500 Utilities 3280000 Internal Service Charges 16,800 57,100 57,100 63,000 63,000 3003 - Recreation Programs & Special Eve 310,586 529,300 567,000 566,800 566,800 Salaries and Benefits 129,941 199,700 199,900 200,500 200,500 Maintenance & Operations 143,845 285,300 322,800 323,300 323,300 Internal Service Charges 36,800 44,300 44,300 43,000 43,000 3005 - Parks Maintenance 1,732,772 2,066,700 2,070,500 2,335,940 2,330,900 Salaries and Benefits 446,735 427,300 431,100 443,200 346,400 Contract Services 400,594 426,000 426,000 525,000 502,700 Maintenance & Operations 252,698 223,600 223,600 296,600 410,600 Utilities 264,546 240,500 240,500 296,440 296,500 Internal Service Charges 368,200 749,300 749,300 774,700 774,700 3007 - Marketing & Community Relations 1,074,172 1,199,800 1,266,100 1,293,100 1,301,600 Salaries and Benefits 93,047 102,900 139,200 231,400 231,400 Contract Services 278,050 287,500 287,500 297,000 297,000 Maintenance & Operations 694,675 797,700 827,700 737,100 745,600 Internal Service Charges 8,400 11,700 11,700 27,600 27,600 3008 - Public Buildings 1,639,767 1,746,800 1,759,700 1,099,300 1,109,900 Salaries and Benefits 422,341 411,500 422,400 414,600 417,200 Contract Services 96,675 135,000 135,000 144,000 152,000 Office Supplies 50000 Maintenance & Operations 788,235 799,600 801,600 121,500 121,500 Utilities 139,111 131,000 131,000 141,000 141,000 Internal Service Charges 193,400 269,700 269,700 278,200 278,200 6001 - Design & Development Administrat 786,361 1,181,700 1,211,700 986,300 986,300 Salaries and Benefits 571,442 835,300 861,900 761,500 761,500 Contract Services 77,234 140,000 143,400 25,000 25,000 Maintenance & Operations 36,985 42,200 42,200 44,400 44,400 Internal Service Charges 100,700 164,200 164,200 155,400 155,400 6002 - Planning 482,189 757,100 770,700 536,200 536,200 Salaries and Benefits 351,820 378,300 393,400 367,400 367,400 Contract Services 70,527 313,000 313,000 100,000 100,000 Maintenance & Operations 23,042 30,800 29,300 27,500 27,500 Internal Service Charges 36,800 35,000 35,000 41,300 41,300 6003 - Building 686,220 962,100 974,900 983,100 983,100 Salaries and Benefits 475,631 522,500 535,300 635,300 635,300 Contract Services 150,295 324,000 324,000 200,000 200,000 Maintenance & Operations 3,594 8,500 7,200 18,000 18,000 Repair & Maintenance 0 0 1,300 3,000 3,000 Internal Service Charges 56,700 107,100 107,100 126,800 126,800 6004 - Code Compliance/Animal Control 1,018,033 1,166,400 1,220,200 1,256,300 1,346,300 Salaries and Benefits 675,867 705,200 734,000 734,700 824,700 Contract Services 196,759 260,000 285,000 308,000 308,000 Maintenance & Operations 14,306 38,200 38,200 28,800 28,800 Internal Service Charges 131,100 163,000 163,000 184,800 184,800 6006 - The Hub 766,425 727,500 795,300 1,150,100 1,150,100 Salaries and Benefits 700,920 629,300 644,800 810,100 810,100 Contract Services 8,199 15,000 67,300 205,000 205,000 Maintenance & Operations 11,206 19,100 19,100 18,800 18,800 Insurance 0 0 0 6,000 6,000 Internal Service Charges 46,100 64,100 64,100 110,200 110,200 7002 - Public Works Development Service 493,811 734,300 752,700 735,800 619,900 Salaries and Benefits 335,959 430,000 448,400 446,500 330,600 78,169 99,300 99,300 99,300 99,300 46,301 63,500 61,500 68,500 68,500 3280000 16,800 57,100 57,100 63,000 63,000 310,586 529,300 567,000 566,800 566,800 129,941 199,700 199,900 200,500 200,500 143,845 285,300 322,800 323,300 323,300 36,800 44,300 44,300 43,000 43,000 1,732,772 2,066,700 2,070,500 2,335,940 2,330,900 446,735 427,300 431,100 443,200 346,400 400,594 426,000 426,000 525,000 502,700 252,698 223,600 223,600 296,600 410,600 264,546 240,500 240,500 296,440 296,500 368,200 749,300 749,300 774,700 774,700 1,074,172 1,199,800 1,266,100 1,293,100 1,301,600 93,047 102,900 139,200 231,400 231,400 278,050 287,500 287,500 297,000 297,000 694,675 797,700 827,700 737,100 745,600 8,400 11,700 11,700 27,600 27,600 1,639,767 1,746,800 1,759,700 1,099,300 1,109,900 422,341 411,500 422,400 414,600 417,200 96,675 135,000 135,000 144,000 152,000 50000 788,235 799,600 801,600 121,500 121,500 139,111 131,000 131,000 141,000 141,000 193,400 269,700 269,700 278,200 278,200 786,361 1,181,700 1,211,700 986,300 986,300 571,442 835,300 861,900 761,500 761,500 77,234 140,000 143,400 25,000 25,000 36,985 42,200 42,200 44,400 44,400 100,700 164,200 164,200 155,400 155,400 482,189 757,100 770,700 536,200 536,200 351,820 378,300 393,400 367,400 367,400 70,527 313,000 313,000 100,000 100,000 23,042 30,800 29,300 27,500 27,500 36,800 35,000 35,000 41,300 41,300 686,220 962,100 974,900 983,100 983,100 475,631 522,500 535,300 635,300 635,300 150,295 324,000 324,000 200,000 200,000 3,594 8,500 7,200 18,000 18,000 0 0 1,300 3,000 3,000 56,700 107,100 107,100 126,800 126,800 1,018,033 1,166,400 1,220,200 1,256,300 1,346,300 675,867 705,200 734,000 734,700 824,700 196,759 260,000 285,000 308,000 308,000 14,306 38,200 38,200 28,800 28,800 131,100 163,000 163,000 184,800 184,800 766,425 727,500 795,300 1,150,100 1,150,100 700,920 629,300 644,800 810,100 810,100 8,199 15,000 67,300 205,000 205,000 11,206 19,100 19,100 18,800 18,800 0 0 0 6,000 6,000 46,100 64,100 64,100 110,200 110,200 493,811 734,300 752,700 735,800 619,900 335,959 430,000 448,400 446,500 330,600 CITY OF LA QUINTA GENERAL FUND REVENUE DETAILS (Page 6 of 7) 380 2017/18 Actuals 2018/19 Original 2018/19 Current 2019/20 Proposed 2019/20 Adopted Contract Services 116,838 230,000 230,000 210,000 210,000 Maintenance & Operations 1,114 6,700 6,700 8,000 8,000 Insurance 0 0 0 500 500 Internal Service Charges 39,900 67,600 67,600 70,800 70,800 7003 - Streets 10,459 14,900 14,900 74,500 74,500 Contract Services 0 0 0 200 200 Maintenance & Operations 10,459 14,900 14,900 19,300 19,300 Capital Expenses 0 0 0 55,000 55,000 7006 - Engineering Services 1,340,222 1,263,500 1,273,500 1,254,000 1,229,200 Salaries and Benefits 634,688 757,000 767,000 784,600 759,800 Contract Services 641,816 408,000 408,000 355,000 355,000 Maintenance & Operations 10,218 17,000 17,000 16,500 16,500 Repair & Maintenance 0 0 0 1,500 1,500 Internal Service Charges 53,500 81,500 81,500 96,400 96,400 GENERAL FUND EXPENSES 44,887,050 51,153,413 67,847,441 54,805,040 55,638,500 116,838 230,000 230,000 210,000 210,000 1,114 6,700 6,700 8,000 8,000 0 0 0 500 500 39,900 67,600 67,600 70,800 70,800 10,459 14,900 14,900 74,500 74,500 0 0 0 200 200 10,459 14,900 14,900 19,300 19,300 0 0 0 55,000 55,000 1,340,222 1,263,500 1,273,500 1,254,000 1,229,200 634,688 757,000 767,000 784,600 759,800 641,816 408,000 408,000 355,000 355,000 10,218 17,000 17,000 16,500 16,500 0 0 0 1,500 1,500 53,500 81,500 81,500 96,400 96,400 44,887,050 51,153,413 67,847,441 54,805,040 55,638,500 CITY OF LA QUINTA GENERAL FUND REVENUE DETAILS (Page 7 of 7) (Page 7 of 7) 381 382 FUND #FUND NAME TOTAL REVENUES TOTAL EXPENSES SURPLUS / (DEFICIT) 101 GENERAL FUND 57,847,200 55,638,500 2,208,700 201 GAS TAX FUND 2,360,900 2,360,900 - 202 LIBRARY & MUSEUM FUND 2,752,000 2,419,100 332,900 203 PUBLIC SAFETY FUND 3,200 - 3,200 210 FEDERAL ASSISTANCE FUND (CDBG)123,200 123,200 - 212 SLESF (COPS)100,500 100,500 215 LIGHTING & LANDSCAPING FUND 2,274,200 2,274,200 - 217 DEVELOPMENT AGREEMENT FUND - - - 220 QUIMBY FUND 140,000 263,000 (123,000) 221 AB 939 - CALRECYCLE 70,000 50,000 20,000 223 MEASURE A FUND 1,311,300 1,298,300 13,000 225 INFRASTRUCTURE FUND 300 - 300 226 EMERGENCY MANAGEMENT PERFORMANCE FUND 12,000 12,000 - 227 STATE HOMELAND SECURITY PROGRAM - - - 230 CASp FUND, AB 1379 21,200 4,600 16,600 235 SO COAST AIR QUALITY FUND 53,500 91,500 (38,000) 241 HOUSING AUTHORITY FUND 448,000 609,300 (161,300) 243 RDA LOW-MOD HOUSING FUND 22,000 250,000 (228,000) 249 SA 2011 LOW/MOD BOND 270,000 20,000 250,000 250 TRANSPORTATION DIF 395,000 483,700 (88,700) 251 PARKS & RECREATION DIF 306,000 - 306,000 252**CIVIC CENTER DIF 110,000 130,000 (20,000) 253***LIBRARY DEVELOPMENT DIF 45,000 32,000 13,000 254 COMMUNITY CENTER DIF 22,000 - 22,000 255**STREET FACILITY DIF 23,000 30,000 (7,000) 256**PARK FACILITY DIF 7,000 6,000 1,000 257**FIRE PROTECTION DIF 55,000 7,500 47,500 270 ART IN PUBLIC PLACES FUND 160,500 160,000 500 275 LQ PUBLIC SAFETY OFFICER FUND 2,600 - 2,600 310 LQ FINANCE AUTHORITY FUND 1,000 1,000 - 401 CAPITAL IMPROVEMENT PROGRAMS 21,222,000 21,222,000 - 405 SA PA1 CAPITAL IMPROVEMENT BOND 100,000 - 100,000 417 SA PA2 CAPITAL IMPROVEMENT BOND 40,000 - 40,000 501 FACILITY & FLEET REPLACEMENT FUND 900,200 898,200 2,000 502 INFORMATION TECHNOLOGY FUND 1,394,400 1,390,400 4,000 503 PARK EQUIP & FACILITY FUND 719,000 700,000 19,000 504 INSURANCE FUND 929,500 870,500 59,000 601**SILVERROCK RESORT FUND 4,105,600 4,185,700 (80,100) 602 SILVERROCK GOLF RESERVE FUND 5,500 - 5,500 760 SUPPLEMENTAL PENSION PLAN 7,000 12,850 (5,850) 761 CERBT OPEB TRUST (HEALTH BENEFITS)40,000 - 40,000 762 PARS PENSION TRUST 200,000 - 200,000 98,599,800 95,544,450 3,055,350 SUMMARY OF REVENUES AND EXPENDITURES BY FUND FOR 2019/20 GRAND TOTAL ** These funds have outstanding inter-fund loans due to the General Fund. *** This funds has an outstanding inter-agency loan due to the Successor Agency. EXHIBIT B 383 Fiscal Year 2019/20 Capital Improvement Program Summary Project No. Project Description Funding Source(s) Funding Amount Total Cost 1920ADA ADA Accessible Ramps – Various Locations General Fund $20,000 $20,000 1920CPM Citywide Preventative Maintenance Plan Improvements Equipment Replacement Fund $50,000 $50,000 1920PMP Pavement Management Plan Street Improvements General Fund $1,000,000 $1,000,000 1920STI Sidewalks – Various Locations General Fund $55,000 $55,000 1920TMI Citywide Traffic Signal Maintenance Improvements Measure A $168,037 $168,037 201503 La Quinta Village Complete Streets – A Road Diet Project Measure A SB 1 Road Maint/Rehab ATP Grant/CVWD $1,051,990 $681,994 $7,363,000 $9,096,984 201512 Citywide Drainage Enhancements Measure G Sales Tax $477,000 $477,000 201603 La Quinta Landscape Renovation Improvement Measure G Sales Tax $3,859,103 $3,859,103 201702 Developer Reimbursement for DIF Eligible Improvements DIF Transportation $400,000 $400,000* 201709 Jefferson Street at Avenue 53 Roundabout Measure A $74,289 $74,289 201801 Cove Public Restroom General Fund $64,000 $64,000 201804 Landscape and Lighting Median Island Improvements General Fund $500,000 $500,000* 201805 Corporate Yard Administrative Offices and Crew Quarters Measure G Sales Tax $411,013 $411,013 201901 Village Art Plaza Promenade Measure G Sales Tax (NEA Grant Pending) $310,000 $310,000 201902 Avenue 50 Bridge Spanning the Evacuation Channel DIF Transportation CVAG/Federal HPB $83,745 $2,836,755 $2,920,500 201903 La Quinta Skate Park Conversion to Other Activity Amenity Quimby Funds $263,000 $263,000 201904 Village Art Plaza Site Improvements (Museum/Lumberyard Building) Library Funds $300,000 $300,000 201905 Highway 111 Corridor Area Plan Implementation Measure G Sales Tax $1,000,000 $1,000,000 201906 Highway 111 Auto Dealership Signage General Fund $300,000 $300,000 201907 Fire Station 70 Revitalization Fire Funds $500,000 $500,000 201908 Citywide Catch Basin Modification General Fund $250,000 $250,000 201909 Citywide Miscellaneous ADA Improvements CDBG Funds $103,227 $103,227 Total Capital Budget Fiscal Year 2019/20: $22,122,153 *Funding for Developer Reimbursements are allocated in the Transportation DIF Fund. Funding for Landscape and Lighting Median Island Improvements is allocated in the Lighting and Landscape Fund. EXHIBIT C 384 City of La Quinta EXHIBIT D Gann Limit Appropriation Calculation (Page 1 of 2) FY 2019/20 (1)(2)(3)(4)(5)(6)(7)(8)(9) ($)City's City's U.S. CPI % Change in Local % Change ($)($) Prior Year Previous Year's Current Year's Population Annual Non-Residential In Per Current Year Compliance Year Gann Limit Population Population % Change % Change Construction Capita Income Gann Limit Amounts 92-93 14,240,507 12,932 14,840 14.80%N/A 0.68%-0.64%16,452,801 4,452,292 93-94 16,452,801 14,840 15,693 5.75%N/A 0.16%2.72%17,871,744 5,301,754 94-95 16,452,801 15,693 16,634 6.00%N/A 0.14%0.71%19,077,886 6,561,880 95-96 19,077,886 16,634 17,101 2.81%N/A N/A 4.72%20,539,255 7,762,496 96-97 20,539,255 17,101 18,045 5.52%N/A N/A 4.67%22,685,183 8,257,148 97-98 22,685,183 18,045 19,217 6.49%N/A N/A 4.67%25,286,762 9,667,831 98-99 25,286,762 19,217 20,444 6.38%N/A N/A 4.15%28,017,719 12,222,332 99-00 28,017,719 20,444 21,763 6.45%N/A N/A 4.53%31,176,447 9,801,749 00-01 31,176,447 21,763 24,240 10.77%N/A N/A 4.91%36,229,777 10,785,551 01-02 36,229,777 24,240 26,321 12.66%N/A N/A 7.82%44,008,314 12,181,391 02-03 44,008,314 26,321 28,715 10.52%N/A N/A -1.27%48,020,286 14,233,708 03-04 48,020,286 28,715 30,452 5.99%N/A N/A 2.31%52,072,415 14,547,338 04-05 52,072,415 30,452 32,522 5.90%N/A N/A 3.28%56,953,433 16,507,192 05-06 56,953,433 32,522 36,145 9.19%N/A N/A 5.26%65,458,514 22,777,443 06-07 65,458,514 36,145 38,340 5.40%N/A N/A 3.96%71,725,407 27,384,580 07-08 71,725,407 38,340 41,092 6.44%N/A N/A 4.42%79,718,951 32,163,100 08-09 79,718,951 41,092 42,743 4.46%N/A N/A 4.29%86,846,889 33,562,980 09-10 86,846,889 42,743 43,778 2.42%N/A N/A 0.62%89,500,065 33,519,652 10-11 89,500,065 43,778 37,307 (1)1.35%N/A N/A -2.54%88,404,325 30,055,388 11-12 88,404,325 37,307 37,836 (1)1.42%N/A N/A 2.51%91,910,124 29,884,568 12-13 91,910,124 37,688 38,075 (2)1.03%N/A N/A 3.77%96,357,500 31,954,838 13-14 96,357,500 38,190 38,412 0.55%N/A N/A 5.12%101,848,105 33,412,900 14-15 101,848,105 38,412 39,032 1.61%N/A N/A -0.23%103,249,837 35,982,642 15-16 103,249,837 39,032 39,694 1.72%N/A N/A 3.82%109,037,717 37,391,100 16-17 109,037,717 39,694 39,977 1.69%N/A N/A 5.37%116,834,735 39,339,800 17-18 116,834,735 39,977 40,677 1.25%N/A N/A 3.69%122,660,261 48,021,600 18-19 122,660,261 40,605 41,753 1.48%N/A N/A 3.67%129,043,889 51,452,200 19-20 129,043,889 41,753 42,098 0.83%N/A N/A 3.85%135,124,379 56,851,900 (1)The population for FY 2010/2011 and FY 2011/2012 are adjusted to the Federal 2010 Census counts. (2)The previous population is furnished by the Department of Finance. The Shaded boxes indicate the calculation factor that was used to calculate that year's Gann Limit. The Gann Limit is adjusted annually by multiplying the "Prior Year Gann Limit" (column 1) by the "% Change in Population" (column 4) and then by the greater of the "% Change in New Local Non-residential Construction or % Change in California Per Capita Income" (column 6 or 7). This Gann adjustment figure is then added to the prior year's limit amount to obtain the current year Gann limit amount in column 8. The U.S. CPI factor (column 5) was used in place of the non-residential construction (column 6) amount and the lower of the two factors, the U.S. CPI or Per Capita Income, for the calculation prior 'to FY 1990-91. The City has elected in column (2) and (3) to use the City population method versus the change in County population. 385 (Page 2 of 2) In 1979, Proposition 4, the "Gann" initiative, was passed. The Proposition created Article XIIIB of the State Constitution placing limits on the amount of revenue which can be spent by all entities of Government. The Gann limit is adjusted annually by the following two factors: Annual population change and the greater of the change in: 1) State Per Capita Income, or 2) The Local Assessment roll for local non-residential construction. When a City reaches this limit, excess tax revenue must be returned to the State or Citizens through a process of refunds, rebates, or other means that may be defined at that time. The Gann limit for the City of La Quinta has increased steadily since 1984 and still provides the City with a comfortable operating margin. The revenue collection and spending limit for the City of La Quinta FY 2019/20 is $135.1 million . "Proceeds of taxes" are projected to be $56.8million in FY 2019/20 allowing the City a margin of $78.2 million. On the graph on the following page, the highest bars represent the spending limit and the lower bars represent the appropriation of taxes for the last fifteen years. 18-19 0 40605 41204 1.48%N/A N/A 3.67%0 GANN APPROPRIATION LIMIT ANALYSIS 0 20,000,000 40,000,000 60,000,000 80,000,000 100,000,000 120,000,000 140,000,000 05-06 06-07 07-08 08-09 09-10 10-11 11-12 12-13 13-14 14-15 15-16 16-17 17-18 18-19 19-20 CITY OF LA QUINTA SPENDING LIMIT VERSUS APPROPRIATION OF PROCEEDS OF TAXES Spending Limit Appropriation of Proceeds of Taxes 386 City of La Quinta JOINT CITY COUNCIL/HOUSING AUTHORITY MEETING: June 18, 2019 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO APPROVE LA QUINTA HOUSING AUTHORITY FISCAL YEAR 2019/20 BUDGET RECOMMENDATION Adopt a Resolution of the La Quinta Housing Authority approving the fiscal year 2019/20 Housing Authority Budget. EXECUTIVE SUMMARY Annually, the budget for the La Quinta Housing Authority (Housing Authority) is prepared and submitted for their review and approval (Attachment 1). The Housing Commission reviewed and approved the Housing Authority’s Budget. The Housing Fund (241) includes operating revenue of $448,000 and total expenditures of $609,300. The shortfall ($161,300) will be covered by fund balance (estimated at $11 million). The Redevelopment Agency (RDA) Low-Mod Fund (243) recognizes loan repayments in unassigned reserves. The loan repayment for 2019/20 will be $635,000. Expenditures for this fund total $250,000. FISCAL IMPACT Project expenditures for all Housing Funds are $879,300 with revenues of $1,375,000 (inclusive of the loan repayment). Twenty percent ($635,000) of the annual loan repayments to the General Fund from the Successor Agency are designated for housing. BACKGROUND/ANALYSIS Staff provided an overview of the proposed budget to the Housing Commission on May 1 and on June 12, 2019. The Housing Authority reviewed and commented on the proposed budget on May 21, 2019. Since the initial budget presentation there has been one change to remove the interest earnings from the 2004 Housing Bond Fund (248). This change resulted in a revenue decrease of $1,000. Line item details for revenues and expenses are located in Attachment 1. HOUSING AUTHORITY - BUSINESS SESSION ITEM NO. 6 387 ALTERNATIVES The Authority may further adjust the various appropriations. Prepared by: Karla Romero, Finance Director Approved by: Frank J. Spevacek, Executive Director Attachment: 1. Fiscal Year 2019/20 Housing Authority Budget 388 RESOLUTION NO. HA 2019- A RESOLUTION OF THE LA QUINTA HOUSING AUTHORITY APPROVING A BUDGET FOR FISCAL YEAR 2019/20 WHEREAS, each year the La Quinta Housing Authority adopts a Budget for Revenues and Expenditures for the upcoming Fiscal Year; and WHEREAS, the Housing Authority desires to make provisions for a level of services commensurate with the needs of the City; and WHEREAS, the Housing Authority has reviewed said budget and has had several public meetings to receive public input; and WHEREAS, the Housing Authority has, after due deliberation and consideration, made such amendments in the proposed budget as it considers desirable; and NOW, THEREFORE, BE IT RESOLVED by the La Quinta Housing Authority to adopt, as follows: SECTION 1. The Fiscal Year 2019/20 Budget, which is on file with the La Quinta Housing Authority Secretary is hereby approved. SECTION 2. Budget adjustment procedures are approved as follows: A. Additional appropriations and the transfer of cash or unappropriated fund balance from one fund to another shall be made only upon Housing Authority approval. B. Transfers of budgeted appropriations between divisions or capital projects shall be made only upon Housing Authority approval. C. Transfers of budgeted appropriations between accounts within a division or capital project may be made with the approval of the Executive Director or his designee. D. Prior year budget continuing Appropriations and Encumbrances for unexpended capital project appropriations remaining from uncompleted prior year capital projects shall be made with Executive Director approval. These carry-over appropriations are for prior year Housing Authority approved capital projects and shall not exceed the approved project budget. 389 Resolution No. HA 2019 - Budget Approval FY 2019/20 Adopted: June 18, 2019 Page 2 of 2 SECTION 3. The Executive Director shall render a monthly report on the status of City operations as it relates to the approved budget and any amendments thereto. SECTION 4. Continuing Appropriations which remain unspent and were authorized by Authority in Fiscal Year 2018/19 are approved in the Fiscal Year 2019/20 Budget in an amount not to exceed $435,000 (Exhibit A). PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Housing Authority held on this ____ day of June 2019, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________ JOHN PEÑA, Chairperson La Quinta Housing Authority, California ATTEST: ______________________________ MONIKA RADEVA, Authority Secretary La Quinta Housing Authority, California (AUTHORITY SEAL) APPROVED AS TO FORM: ________________________________ WILLIAM H. IHRKE, Authority Attorney La Quinta Housing Authority, California 390 Vendor/Program Account Number Description Amount Washington Street Apts Rehabilition Project 248-9102-60103 Professional Services 145,000 Washington Street Apts Rehabilition Project 248-9102-60159 Relocation Benefits 250,000 Affordable Housing Programs 249-0000-80050 Affordable Housing Project Assessments 40,000 TOTAL CARRYOVERS 435,000$ Continuing Appropriations/Carryovers from 2018/19 to 2019/20 NOTE: All carryovers are estimates based on projected invoices to end 2018/19. Upon completion of the final audit (October 2019), Finance will verify account balances and carryover remaining funds. In no event shall a carryover exceed the per account amount noted above. RESOLUTION NO. HA 2019-XXX EXHIBIT A 391 392 2019/20ADOPTED BUDGET HOUSING AUTHORITY ATTACHMENT 1 393 394 2017/18 Actuals 2018/19 Original 2018/19 Current 2019/20 Proposed 2019/20 Adopted 241 - HOUSING AUTHORITY (426.00)0.00 0.00 0.00 0.00241-0000-41900 Allocated Interest 305,277.00 0.00 0.00 0.00 0.00241-0000-42706 Loan Repayments 93,800.00 0.00 0.00 0.00 0.00241-0000-45000 Sale of Other Assets 78,181.94 35,000.00 75,000.00 110,000.00 110,000.00241-9101-41900 Allocated Interest 795.29 0.00 0.00 0.00 0.00241-9101-41915 Non-Allocated Interest 1,001.00 0.00 0.00 0.00 0.00241-9101-42301 Miscellaneous Revenue 122,770.75 0.00 188,000.00 50,000.00 50,000.00241-9101-43504 2nd Trust Deed Repayments 5,281.15 0.00 0.00 0.00 0.00241-9102-41916 Non-Allocated Interest/WSA 137,308.26 0.00 0.00 0.00 0.00241-9102-42112 Rent Revenue/Tenant/WSA (1,501.00)0.00 0.00 0.00 0.00241-9102-42113 Rent Variance - WSA 3,307.63 0.00 0.00 0.00 0.00241-9102-42302 Miscellaneous Revenue/WSA 304,474.45 0.00 0.00 0.00 0.00241-9102-43520 Federal Government Assist. P 293,991.31 280,000.00 280,000.00 288,000.00 288,000.00241-9103-43502 Rent Revenue/LQRP 241 - HOUSING AUTHORITY Totals:1,344,261.78 315,000.00 543,000.00 448,000.00 448,000.00 243 - RDA Low-Mod Housing Fund 17,876.10 8,000.00 18,000.00 22,000.00 22,000.00243-0000-41900 Allocated Interest 243 - RDA Low-Mod Housing Fund Totals:17,876.10 8,000.00 18,000.00 22,000.00 22,000.00 248 - SA 2004 LO/MOD BOND FUND (Refinanc (8,366.65)0.00 10,000.00 0.00 0.00248-0000-41900 Allocated Interest 0.00 0.00 0.00 1,000.00 0.00248-0000-41915 Non-Allocated Interest MOD BOND FUND (Refinanced in 2014) Totals:(8,366.65)0.00 10,000.00 1,000.00 0.00 249 - SA 2011 LOW/MOD BOND FUND (Refina 52,385.17 30,000.00 0.00 0.00 0.00249-0000-41900 Allocated Interest 181,649.32 0.00 170,000.00 270,000.00 270,000.00249-0000-41915 Non-Allocated Interest MOD BOND FUND (Refinanced in 2016) Totals:234,034.49 30,000.00 170,000.00 270,000.00 270,000.00 HOUSING AUTHORITY REVENUE 1,587,805.72 353,000.00 741,000.00 741,000.00 740,000.00 (426.00)0.00 0.00 0.00 0.00 305,277.00 0.00 0.00 0.00 0.00 93,800.00 0.00 0.00 0.00 0.00 78,181.94 35,000.00 75,000.00 110,000.00 110,000.00 795.29 0.00 0.00 0.00 0.00 1,001.00 0.00 0.00 0.00 0.00 122,770.75 0.00 188,000.00 50,000.00 50,000.00 5,281.15 0.00 0.00 0.00 0.00 137,308.26 0.00 0.00 0.00 0.00 (1,501.00)0.00 0.00 0.00 0.00 3,307.63 0.00 0.00 0.00 0.00 304,474.45 0.00 0.00 0.00 0.00 293,991.31 280,000.00 280,000.00 288,000.00 288,000.00 1,344,261.78 315,000.00 543,000.00 448,000.00 448,000.00 17,876.10 8,000.00 18,000.00 22,000.00 22,000.00 17,876.10 8,000.00 18,000.00 22,000.00 22,000.00 (8,366.65)0.00 10,000.00 0.00 0.00 0.00 0.00 0.00 1,000.00 0.00 (8,366.65)0.00 10,000.00 1,000.00 0.00 52,385.17 30,000.00 0.00 0.00 0.00 181,649.32 0.00 170,000.00 270,000.00 270,000.00 234,034.49 30,000.00 170,000.00 270,000.00 270,000.00 1,587,805.72 353,000.00 741,000.00 741,000.00 740,000.00 CITY OF LA QUINTA HOUSING AUTHORITY REVENUE DETAILS 2019/20 ADOPTED BUDGET 241 Fund Second Trust Deed Payments vary from year-to-year. Additional repayment of silent second trust deeds are recognized upon receipt. 243 Fund the 2019/20 former Redevelopment Agency loan repayment of $635,000 will be recognized in reserves within this Fund. 248 Fund was fully used for the Washington Street Apartment rehabilitation and expansion project. 249 Fund is partially being used for the Washington Street Apartment rehabilitation and expansion project. Remaining bond funds continue to earn interest and are available for future housing projects. 1 395 2017/18 Actuals 2018/19 Adopted 2018/19 Current 2019/20 Proposed 2019/20 Adopted 241 - HOUSING AUTHORITY 9101 - Housing Authority - Admin Salaries and Benefits 18,754.67 145,300.00 142,600.00 142,000.00 142,000.00241-9101-50101 Permanent Full Time 1,550.00 3,000.00 3,000.00 3,000.00 3,000.00241-9101-50110 Commissions & Boards 3.87 300.00 300.00 200.00 200.00241-9101-50150 Other Compensation 6,032.01 9,200.00 9,900.00 10,600.00 10,600.00241-9101-50200 PERS-City Portion 0.00 100.00 100.00 0.00 0.00241-9101-50210 PERS-Survivor Benefits 4.66 0.00 0.00 0.00 0.00241-9101-50215 Other Fringe Benefits 1,867.50 31,100.00 31,500.00 31,800.00 31,800.00241-9101-50221 Medical Insurance 32.02 0.00 0.00 0.00 0.00241-9101-50222 Vision Insurance 64.58 0.00 0.00 0.00 0.00241-9101-50223 Dental Insurance 17.75 0.00 0.00 0.00 0.00241-9101-50224 Life Insurance 149.63 3,200.00 3,200.00 900.00 900.00241-9101-50225 Long Term Disability 3,000.00 2,600.00 2,600.00 3,400.00 3,400.00241-9101-50230 Workers Comp Insurance 265.94 2,100.00 2,200.00 2,100.00 2,100.00241-9101-50240 Social Security-Medicare 102.30 0.00 0.00 0.00 0.00241-9101-50241 Social Security-FICA 50 - Salaries and Benefits Totals:31,844.93 196,900.00 195,400.00 194,000.00 194,000.00 Contract Services 63,768.49 65,000.00 70,000.00 81,000.00 81,000.00241-9101-60103 Professional Services 6,050.00 5,000.00 5,000.00 5,000.00 5,000.00241-9101-60106 Auditors 7,166.43 5,000.00 0.00 0.00 0.00241-9101-60125 Temporary Agency Services 32,617.79 25,000.00 25,000.00 25,000.00 25,000.00241-9101-60153 Attorney 60 - Contract Services Totals:109,602.71 100,000.00 100,000.00 111,000.00 111,000.00 Maintenance & Operations 1,017.76 2,000.00 2,000.00 3,000.00 3,000.00241-9101-60320 Travel & Training 2,217.32 2,000.00 2,000.00 1,500.00 1,500.00241-9101-60420 Operating Supplies 62 - Maintenance & Operations Totals:3,235.08 4,000.00 4,000.00 4,500.00 4,500.00 Insurance 0.00 10,000.00 10,000.00 6,000.00 6,000.00241-9101-91843 Property & Crime Insurance 63 - Insurance Totals:0.00 10,000.00 10,000.00 6,000.00 6,000.00 Internal Service Charges 20,000.00 20,000.00 20,000.00 14,000.00 14,000.00241-9101-91844 Earthquake Insurance 8,400.00 18,100.00 18,100.00 24,800.00 24,800.00241-9101-98110 Information Tech Charges 69 - Internal Service Charges Totals:28,400.00 38,100.00 38,100.00 38,800.00 38,800.00 9101 - Housing Authority - Admin Totals:173,082.72 349,000.00 347,500.00 354,300.00 354,300.00 9102 - Housing Authority - Wash St Apts Contract Services 1,193,428.19 0.00 0.00 0.00 0.00241-9102-60160 Financial Expenses 60 - Contract Services Totals:1,193,428.19 0.00 0.00 0.00 0.00 Maintenance & Operations 206,828.04 0.00 0.00 0.00 0.00241-9102-60157 Rental Expenses 62 - Maintenance & Operations Totals:206,828.04 0.00 0.00 0.00 0.00 Debt Service 79,255.79 0.00 0.00 0.00 0.00241-9102-61609 Interest Expense - Provident 10,191.69 0.00 0.00 0.00 0.00241-9102-61610 Interest Expense - USDA 36,600.04 0.00 0.00 0.00 0.00241-9102-61680 Principal Payment - Provident 15,388.47 0.00 0.00 0.00 0.00241-9102-61681 Principal Payment - USDA 67 - Debt Service Totals:141,435.99 0.00 0.00 0.00 0.00 2 - Housing Authority - Wash St Apts Totals:1,541,692.22 0.00 0.00 0.00 0.00 9103 - Housing Authority - LQRP Maintenance & Operations 153,308.65 255,000.00 255,000.00 255,000.00 255,000.00241-9103-60157 Rental Expenses 62 - Maintenance & Operations Totals:153,308.65 255,000.00 255,000.00 255,000.00 255,000.00 9103 - Housing Authority - LQRP Totals:153,308.65 255,000.00 255,000.00 255,000.00 255,000.00 18,754.67 145,300.00 142,600.00 142,000.00 142,000.00 1,550.00 3,000.00 3,000.00 3,000.00 3,000.00 3.87 300.00 300.00 200.00 200.00 6,032.01 9,200.00 9,900.00 10,600.00 10,600.00 0.00 100.00 100.00 0.00 0.00 4.66 0.00 0.00 0.00 0.00 1,867.50 31,100.00 31,500.00 31,800.00 31,800.00 32.02 0.00 0.00 0.00 0.00 64.58 0.00 0.00 0.00 0.00 17.75 0.00 0.00 0.00 0.00 149.63 3,200.00 3,200.00 900.00 900.00 3,000.00 2,600.00 2,600.00 3,400.00 3,400.00 265.94 2,100.00 2,200.00 2,100.00 2,100.00 102.30 0.00 0.00 0.00 0.00 31,844.93 196,900.00 195,400.00 194,000.00 194,000.00 63,768.49 65,000.00 70,000.00 81,000.00 81,000.00 6,050.00 5,000.00 5,000.00 5,000.00 5,000.00 7,166.43 5,000.00 0.00 0.00 0.00 32,617.79 25,000.00 25,000.00 25,000.00 25,000.00 109,602.71 100,000.00 100,000.00 111,000.00 111,000.00 1,017.76 2,000.00 2,000.00 3,000.00 3,000.00 2,217.32 2,000.00 2,000.00 1,500.00 1,500.00 3,235.08 4,000.00 4,000.00 4,500.00 4,500.00 0.00 10,000.00 10,000.00 6,000.00 6,000.00 0.00 10,000.00 10,000.00 6,000.00 6,000.00 20,000.00 20,000.00 20,000.00 14,000.00 14,000.00 8,400.00 18,100.00 18,100.00 24,800.00 24,800.00 28,400.00 38,100.00 38,100.00 38,800.00 38,800.00 173,082.72 349,000.00 347,500.00 354,300.00 354,300.00 1,193,428.19 0.00 0.00 0.00 0.00 1,193,428.19 0.00 0.00 0.00 0.00 206,828.04 0.00 0.00 0.00 0.00 206,828.04 0.00 0.00 0.00 0.00 79,255.79 0.00 0.00 0.00 0.00 10,191.69 0.00 0.00 0.00 0.00 36,600.04 0.00 0.00 0.00 0.00 15,388.47 0.00 0.00 0.00 0.00 141,435.99 0.00 0.00 0.00 0.00 1,541,692.22 0.00 0.00 0.00 0.00 153,308.65 255,000.00 255,000.00 255,000.00 255,000.00 153,308.65 255,000.00 255,000.00 255,000.00 255,000.00 153,308.65 255,000.00 255,000.00 255,000.00 255,000.00 CITY OF LA QUINTA HOUSING AUTHORITY EXPENSE DETAILS 2019/20 ADOPTED BUDGET 2 396 2017/18 Actuals 2018/19 Adopted 2018/19 Current 2019/20 Proposed 2019/20 Adopted 241 - HOUSING AUTHORITY Totals:1,868,083.59 604,000.00 602,500.00 609,300.00 609,300.001,868,083.59 604,000.00 602,500.00 609,300.00 609,300.00 241-9102-XXXX Washington Street Apartment expenses were removed in 2018/19 with the transfer of ownership to the Coachella Valley Housing Coalition. CITY OF LA QUINTA HOUSING AUTHORITY EXPENSE DETAILS 2019/20 ADOPTED BUDGET 3 397 2017/18 Actuals 2018/19 Adopted 2018/19 Current 2019/20 Proposed 2019/20 Adopted 243 - RDA Low-Mod Housing Fund 0000 - Undesignated Other Expenses 259,000.00 250,000.00 267,667.00 250,000.00 250,000.00243-0000-60532 Homelessness Assistance 64 - Other Expenses Totals:259,000.00 250,000.00 267,667.00 250,000.00 250,000.00 0000 - Undesignated Totals:259,000.00 250,000.00 267,667.00 250,000.00 250,000.00 243 - RDA Low-Mod Housing Fund Totals:259,000.00 250,000.00 267,667.00 250,000.00 250,000.00 259,000.00 250,000.00 267,667.00 250,000.00 250,000.00 259,000.00 250,000.00 267,667.00 250,000.00 250,000.00 259,000.00 250,000.00 267,667.00 250,000.00 250,000.00 259,000.00 250,000.00 267,667.00 250,000.00 250,000.00 CITY OF LA QUINTA HOUSING AUTHORITY EXPENSE DETAILS 2019/20 ADOPTED BUDGET 4 398 2017/18 Actuals 2018/19 Adopted 2018/19 Current 2019/20 Proposed 2019/20 Adopted 248 - SA 2004 LOW/MOD BOND FUND 9102 - Housing Authority - Wash St Apts Contract Services 0.00 0.00 145,000.00 0.00 0.00248-9102-60103 Professional Services 228,869.60 0.00 1,200,000.00 0.00 0.00248-9102-60159 Relocation Benefits 106,289.86 0.00 106,947.00 0.00 0.00248-9102-60185 Design/Construction 12,822.85 0.00 0.00 0.00 0.00248-9102-60198 Planning & Development 60 - Contract Services Totals:347,982.31 0.00 1,451,947.00 0.00 0.00 2 - Housing Authority - Wash St Apts Totals:347,982.31 0.00 1,451,947.00 0.00 0.00 SA LOW/MOD BOND FUND Totals:347,982.31 0.00 1,451,947.00 0.00 0.00 0.00 0.00 145,000.00 0.00 0.00 228,869.60 0.00 1,200,000.00 0.00 0.00 106,289.86 0.00 106,947.00 0.00 0.00 12,822.85 0.00 0.00 0.00 0.00 347,982.31 0.00 1,451,947.00 0.00 0.00 347,982.31 0.00 1,451,947.00 0.00 0.00 347,982.31 0.00 1,451,947.00 0.00 0.00 248 Fund was fully used for the Washington Street Apartment rehabilitation and expansion project. CITY OF LA QUINTA HOUSING AUTHORITY EXPENSE DETAILS 2019/20 ADOPTED BUDGET 5 399 2017/18 Actuals 2018/19 Adopted 2018/19 Current 2019/20 Proposed 2019/20 Adopted 249 - SA 2011 LOW/MOD BOND FUND 0000 - Undesignated Contract Services 2,023,975.27 0.00 7,376,000.00 0.00 0.00249-0000-60188 Construction 60 - Contract Services Totals:2,023,975.27 0.00 7,376,000.00 0.00 0.00 Capital Expenses 0.00 0.00 40,000.00 20,000.00 20,000.00249-0000-80050 Affordable Housing Project De 68 - Capital Expenses Totals:0.00 0.00 40,000.00 20,000.00 20,000.00 0000 - Undesignated Totals:2,023,975.27 0.00 7,416,000.00 20,000.00 20,000.00 SA 2011 LOW/MOD BOND FUND Totals :2,023,975.27 0.00 7,416,000.00 20,000.00 20,000.00 2,023,975.27 0.00 7,376,000.00 0.00 0.00 2,023,975.27 0.00 7,376,000.00 0.00 0.00 0.00 0.00 40,000.00 20,000.00 20,000.00 0.00 0.00 40,000.00 20,000.00 20,000.00 2,023,975.27 0.00 7,416,000.00 20,000.00 20,000.00 2,023,975.27 0.00 7,416,000.00 20,000.00 20,000.00 249 Fund is partially being used for the Washington Street Apartment rehabilitation and expansion project. Remaining funds are available for future housing projects. CITY OF LA QUINTA HOUSING AUTHORITY EXPENSE DETAILS 2019/20 ADOPTED BUDGET 6 400 City of La Quinta JOINT CITY COUNCIL/HOUSING AUTHORITY MEETING: June 18, 2019 STAFF REPORT AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH NAI CONSULTING, INC FOR CAPITAL IMPROVEMENT PROGRAM PROJECT MANAGEMENT AND ENGINEERING SERVICES RECOMMENDATION Approve Agreement for Contract Services with NAI Consulting, Inc. in an amount not to exceed $540,532 for capital improvement program project management and engineering services; and authorize the City Manager to execute the amendment. EXECUTIVE SUMMARY NAI Consulting, Inc. (NAI) provides project management and engineering services related to the City’s Capital Improvement Program (CIP), which includes State, Federal, and Community Development Block Grant (CDBG) funded projects. After soliciting and reviewing six proposals from similar firms, staff recommends NAI due to their superior qualifications and comprehensive knowledge of City operations. The existing agreement expires on June 30, 2019. FISCAL IMPACT NAI’s services would be provided on a time and materials not to exceed $540,532 per year for a total three-year contract cost of $1,621,596. Funds are available within the CIP project budgets, and the Engineering Services Consultants Account (101-7006-60104) for special projects. BACKGROUND/ANALYSIS NAI is a local firm that has provided the City with contract project management, project design, and State and Federal funding administration services since 1997. NAI provides specialized technical expertise that staff does not possess. BUSINESS SESSION ITEM NO. 7 401 In May 2019, staff solicited a formal Request for Proposals (RFP) and six proposals were received. Staff reviewed the firms and ranked NAI number one. The other firms that submitted proposals were ABS Consulting, CSG Consulting, Inc., KEWO Engineering, KOA Corporation, and NV5, Inc. NAI’s flexibility, project management expertise, and comprehensive knowledge of City operations have proven invaluable. Staff believes NAI is the most cost effective and qualified firm for addressing project management and engineering services for the City. Under the Agreement, the initial term would be July 1, 2019 through June 30, 2022, with an option to renew for two additional one-year terms (extended term) (Attachment 1). The City reserves the right to terminate the Agreement at any time with a 30-day written notice and depending on the number and size of CIP projects, the City may add or deduct work as necessary. When the Council approved reorganizing engineering and CIP functions, staff recommended that the City could provide many of these services in-house. In June 2018 two engineer positions were approved and recruitment began, however, the City has not been successful in filling these positions. With an increased number of capital improvement projects, continued CIP project management and engineering services are needed. ALTERNATIVES Staff does not recommend an alternative due to NAI having a cost-effective proposal and their familiarity with the work that must be performed. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, PE, City Engineer Attachment: 1. Agreement for Contract Services with NAI Consulting, Inc. 402 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 NAI Consulting, Inc., A California Corporation (“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 provide CIP Project Management and Engineering Services 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, ATTACHMENT 1 403 -2- assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section. 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 404 -3- 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. 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 Five Hundred and Forty Thousand Five Hundred and Thirty-Two Dollars ($540,532) per year for the life of the Agreement, encompassing the initial and any extended terms. (the “Contract Sum”), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation includes 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 405 -4- 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. 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 406 -5- time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of 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, 2019, and terminate on June 30, 2022 (“Initial Term”). This Agreement may be extended for two (2) additional year(s) upon mutual agreement by both parties (“Extended Term”). 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) Lloyd “Nick” Nickerson, President Tel No. (760)323-5344 E-mail: nnickerson@naiconsulting.com (b) Lorissa Gruehl, PE, Senior Civil Engineer Tel No. (760)323-5344 Email: lgruehl@naiconsulting.com 407 -6- 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 the Bryan McKinney, PE, City Engineer, 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 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, 408 -7- 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 (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 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 supervision, and 409 -8- 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 410 -9- 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. 7.2 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 411 -10- 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 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 412 -11- 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 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. 413 -12- 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 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 Contracting Party. 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 414 -13- 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 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 415 -14- 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: Bryan McKinney, PE 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: NAI Consulting, Inc. Lloyd “Nick” Nickerson 68955 Adelina Road Cathedral City, CA 92234 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 416 -15- for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by 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. 417 -16- 10.9 No Third-Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] 418 -17- IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California Municipal Corporation FRANK J. SPEVACEK, City Manager City of La Quinta, California Dated: CONTRACTING PARTY: By: Name: Title: ATTEST: MONIKA RADEVA, City Clerk La Quinta, California By: Name: Title: APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 419 Exhibit A Page 1 of 19 Last revised summer 2017 Exhibit A Scope of Services 1.Services to be Provided: Design Engineering Services Preparation of plans and specifications for capital improvement projects of varying complexity. Services may include civil engineering and structural design work, preparation of preliminary plans and cost estimates, necessary fieldwork, identification of alternatives, drafting, design, and other civil engineering related work as needed. Preparation of engineering reports and studies on a variety of subjects. Use of AutoCAD software to prepare project plans. Project Management Services The City is looking for a qualified engineering and project management firm to provide project management support to City Staff for various capital improvement projects (CIP), including State and Federally funded projects, projects of varying complexity, budget, and size, and all phases of design and project management. The consultant will be responsible for maintaining compliance with Caltrans Local Assistance Procedures Manual (“LAPM”), or other required agencies, for all State or Federally funded projects. It is expected that the identified project manager(s) will be the point of contact between the City and project consultants, including but not limited to design engineer and construction management firms. The project manager(s) will have authority and responsibility to act on the City’s behalf in terms of interactions with the public and other project stakeholders. Duties of the selected firm and their project manager(s) include, but are not limited to: •Project scoping during the planning or preliminary design phase. •Securing necessary right-of-way, easements, and/or grading permits required for projects. •Preparation and acquisition of any required permits. •Preparation of project plans and specifications for bidding; conducting prebid meetings, as needed; preparation of addendums to bid documents; and attending bid openings. 420 Exhibit A Page 2 of 19 •Participate in procurement, selection and contract negotiation processes, and provide contract management of engineering design and other CIP project contracts. •Identifying project stakeholders, both internal to the City and external, and engaging with them throughout the planning, design, and construction phases of the project as necessary. •Preparation of, and/or support to staff, for grant applications, as needed. •Preparation and submittal of all documents necessary for coordination, approvals, funding reimbursements and reporting to State and Federal funding agencies. •Planning, conducting, and/or providing support/information to staff for public engagement meetings, as needed. •Coordination with other City departments, local agencies, private utility companies, consultants, and members of the public, as needed. •Survey coordination. •Construction engineering support. •Prepare and/or manage the City’s Development Impact Fee Update, as needed. •Provide support for issues associated with the Coachella Valley Transportation Uniform Mitigation Fee (TUMF) Program. •Provide support for Measure A ½ Cent Sales Tax Capital Improvement Plan and Maintenance of Effort requirements. •Provide support for preparation of the City’s 5-Year Capital Improvement Plan. •Any other items required for the successful design and/or execution of projects. 421 City of La Quinta Design and Development RESPONSE TO REQUEST FOR PROPSOSAL: ON-CALL CIP PROJECT MANAGEMENT AND ENGINEERING SERVICES WORK PLAN/TECHNICAL APPROACH DESIGN ENGINEERING SERVICES The following tasks detail our understanding and approach to a generic transportation project. This hypothetical scope of work program describes the effort needed for the preparation of construction documents including final design plans, specifications, and construction cost estimates. NAI always will employ value engineering techniques to analyze design/construction alternatives that may improve the design or make the project more cost-efficient. The following tasks are ones that NAI can carry out as the lead designer or as a project manager. Project Coordination To facilitate the review and approval process, we will work closely with the key individuals at the City who are responsible for review of specific elements of the project and will submit draft copies of significant work items before the milestone submittal date. This gives us a clear understanding of what the reviewers expect and they have a preview of what will be submitted before the actual submittal is made. Our past experience working on projects with City oversight has taught us the importance of maintaining accurate and detailed meeting minutes, decision logs and action item lists during the project development process. Utilizing this technique documents decisions, ensures consistency in decisions, and provides a concise list of tasks to be accomplished by each participant and a specific time schedule to complete the task. We will hold a meeting with the City prior to beginning any significant work. The purpose of this meeting is to: •Solicit input regarding the goals for the project desired by each agency. •Agree on the intended scope of the project. •Agree on the basic design standards to be met. •Review status of design and plan preparation for other street improvements or development projects near or adjacent to the proposed project site and obtain any mapping and design file information that may be available for these other projects. Review Existing Information Once we have prepared the final scope documents and are issued a Notice to Proceed, we will begin the design phase of the project. This will consist of research and data collection, reviewing the documents provided by the City, coordination and investigation; field surveying; utility identification; and pavement evaluation. We will prepare our preliminary plans based on information obtained from our research, data collection, survey, and pavement testing. After 65% review and approval by the City, we will incorporate comments and begin work on the final PS&E. Exhibit A Page 3 of 19 422 City of La Quinta Design and Development RESPONSE TO REQUEST FOR PROPSOSAL: ON-CALL CIP PROJECT MANAGEMENT AND ENGINEERING SERVICES Field Survey NAI can obtain a surveyor or NAI can coordinate with one of the City’s on-call surveyors. We will coordinate encroachment permits for surveys not within City right- of-way. In addition to cross-section surveys, the surveying task will locate all existing structures and improvements within and behind existing street right-of-way and adjoining streets in areas of the proposed improvements that may be pertinent to or in conflict with the proposed design and identifying surface features that may not have been visible in aerial photographs. This may include such features as structures, utility poles, fire hydrants, catch basins, signs, water valves, manholes, driveways, and walkways. Utility Conflict Map/Utility Coordination NAI will consult, coordinate, and perform related follow-up with the affected utility companies regarding the specific project-imposed impact locations to identify design controls and considerations necessary for plan preparation and approvals. Requests for information will include requests for future utility projects that may be affected by the proposed improvements. We will keep the City informed of the contact with the utility companies. Plan submittals will be forwarded to the utility companies for verification of their facilities known by them. The existing franchise agreements with each affected utility will determine whether the plans indicate the necessary modifications / relocations be performed as a part of the project or whether the utility company must perform and pay for their own work. This will be determined for each utility company and facility. Right of Way and Permitting If the project requires right of way, rights of entry, or encroachment permits, NAI can obtain a right of way consultant or surveyor as needed or NAI can coordinate with the City’s on-call surveyor. Typical information and procedures may include recommendations for impacted areas, negotiated agreements, coordination with property owner or agency. Geotechnical Information If the project requires a geotechnical recommendation or street borings, NAI can obtain a Geotech or NAI can coordinate with the City’s on-call Geotech. Typical information and procedures may include recommendations for location of borings, review of draft recommendations, and coordination. Hydrology and/or Hydraulics If the project requires a hydrology study and/or needs hydraulic calculations, NAI can obtain a firm to conduct the needed information. Typical information and procedures may include recommendations for area of impact, proposed and existing roadway profile, recommendations for the size of storm to calculate, and coordination. Exhibit A Page 4 of 19 423 City of La Quinta Design and Development RESPONSE TO REQUEST FOR PROPSOSAL: ON-CALL CIP PROJECT MANAGEMENT AND ENGINEERING SERVICES Geometric Base Maps This task will include the development of plans showing proposed geometry and other pertinent alignment data of the proposed engineering including typical sections, profiles, superelevations, proposed right-of-way limits, approximate wall locations, and other clarifying information as necessary. They will be generated using the project report geometric plans. The geometric base maps (GBM) will be submitted to the City for approval before proceeding with final design. The GBM will form the basis for the final design’s skeleton sheets. After the base sheets are developed, we will perform a field review to document existing field conditions and determine where additional information or field data may be required to provide adequate information to complete the conceptual widening alternatives and to confirm the location and type of utilities and other improvements. Roadway Plans NAI will prepare roadway design plans to satisfy the project requirements as follows: •Street Widening – The plan set typically will include an alignment, profile, and widening details. Utility relocations will be identified and drainage improvements will be included as required. In most cases, roadway widenings occur in areas with existing improvements within the City’s right of way. NAI will design the improvements to minimize conflicts to the furthest extent possible and will provide positive drainage at all driveways within the right of way to the furthest extent possible. NAI will also design the profile to minimize the amount of existing pavement to be reconstructed. •Pavement Rehabilitation and/or Reconstruction– The plan set typically will include a plan view of the streets with the limits of each type of rehabilitation or reconstruction method, i.e. crack fill, slurry seal, grind and overlay, etc. NAI can make recommendations on the type of pavement rehabilitation/reconstruction method or we can prepare the plans based on the recommendation of a geotechnical report. The plans will show all valves and manholes in the pavement that the Contractor will need to raise/lower or cover to protect in place depending on the rehabilitation method. For reconstruction projects the plan set will include an alignment, profile, and reconstruction details. The profile may be omitted depending on if the profile will be adjusted. If the profile is changing significantly, the plans will identify utility line conflicts. •Median Addition – The plan set will include an alignment and profile. The profile may be omitted depending on if positive drainage can be maintained along the alignment if placed at the existing elevation on the road. Typically, this cannot be maintained at new left turn pockets since the curb is typically placed on the opposite side of the crown. Exhibit A Page 5 of 19 424 City of La Quinta Design and Development RESPONSE TO REQUEST FOR PROPSOSAL: ON-CALL CIP PROJECT MANAGEMENT AND ENGINEERING SERVICES Where the City does not wish to reconstruct the pavement a curb opening can be designed to prevent water from ponding at low spots. Where landscaped medians are requested, NAI can contract with a Landscape Architect or coordinate with one of the City’s on-call Landscape Architects. The plans will identify utility line conflicts. •ADA Compliant Sidewalks and Access Ramps – The plan set will include the limits and special details where required to reconstruct or install an ADA compliant sidewalk. The scale to prepare sidewalk and access ramp plans is typically 1”=20’ or 1”=10’ depending on the length so that adequate detail can be shown. NAI will verify that the location where the sidewalk joins is ADA compliant. NAI will verify that the sidewalk can be constructed to ADA standards. If it cannot, special details such as short retaining walls will be designed. NAI will inspect each existing ramp to determine the most cost- efficient way to bring the ramp into compliance. For instance, if a curb ramp meets all standards except it does not have truncated domes. The curb ramp will be protected and domes will be added. Traffic Plans NAI is capable of preparing signing and striping and traffic control plans for the roadway project we are designing. However, NAI can also coordinate with the City’s on-call Traffic Engineer as needed. Contract Specifications/Bid Documents Project Specifications will conform to the requirements of the Standard Specifications for Public Works Construction, City, and Caltrans Standard Specifications as applicable. NAI will use the City’s boilerplate front-end documents and prepare final special provisions for items, details, materials, procedures and other conditions not adequately covered by the City, Caltrans or Public Works Standard Specifications. A listing and copy of all standard plans required for the project will be provided in the appendix and copies of any plans used, that are not standard, will also be included. After incorporating first plan check comments, we will prepare final technical specifications and/or special provisions for the proposed construction work. Construction Cost Estimates NAI will prepare a preliminary estimate of probable construction costs for the project that will include a proposed bid item list, estimated quantity, line item cost estimates and estimate of construction working days for the improvements in accordance with City format. At the first plan check, NAI will develop a preliminary estimate of probable construction costs for comparison with previous project budget estimates. Exhibit A Page 6 of 19 425 City of La Quinta Design and Development RESPONSE TO REQUEST FOR PROPSOSAL: ON-CALL CIP PROJECT MANAGEMENT AND ENGINEERING SERVICES After incorporating first plan check comments, NAI will prepare the final estimate of probable construction costs for the project that will include a proposed estimate of construction working days for the improvements in accordance with City format. NAI will refine the preliminary estimate and provide quantity take-offs with appropriate unit prices and extensions. Quality Assurance/Quality Control Quality Assurance / Quality Control is a key element of NAI’s overall approach to the management and control of the work. This helps ensure the City will be receiving a successful project on time and within budget. As part of the program a competent designer will review the work provided by the project engineer. During this review, the checker will mark-up the plans and discuss any proposed changes with the project engineer. Changes to the plans, specifications, and calculations are only made after the differences are reconciled. Final PS&E Package After incorporating review comments for the plans, specifications and cost estimate, NAI will submit an electronic copy of all documents prepared for the project. At the request of the City, NAI will also submit bond hard copies of the final package. Bid Support/Construction Support The NAI team will perform support services to the City during the advertising, bidding and construction of the project as requested. These services will include written interpretation and clarification regarding the intent of the plans, specifications and special provisions. NAI will provide professional review of shop drawings and contractor submittals for conformance to the bid documents. NAI will also provide recommendations on progress pay estimates and change requests. Upon completion of construction, NAI will perform a field review and include the contractor’s as-built redlines and provide record drawings to the City. PROJECT MANAGEMENT SERVICES General Contract Management As detailed in the requested services, NAI will actively manage the consultant contracts as assigned. This will include attending PDT meetings, reviewing schedules, approving consultant invoices, managing project submittals, and maintaining project budgets. Without this active management, we have found that many contacts will stagnate as the consultants lose direction of the project needs. Coordination with Various Funding Partners Administering regional, county, state or federal funding begins with the grant application and does not end until the final report of expenditures is accepted and final payment is received by the city. NAI has successfully delivered several hundred million dollars’ worth of projects partially funded with grant monies. Exhibit A Page 7 of 19 426 City of La Quinta Design and Development RESPONSE TO REQUEST FOR PROPSOSAL: ON-CALL CIP PROJECT MANAGEMENT AND ENGINEERING SERVICES NAI’s Project Team has a better than average understanding and working knowledge of the various grant requirements and/or procedures and stay current on the ever- changing environment. This knowledge and experience will ensure the successful delivery of capital projects that are partially funded with these restricted sources. Our team knows that there are state and federal regulations that extend beyond the life of a single project. Every year the City must submit updated DBE and ADA forms specifying how the local agency is planning to comply with these federal requirements throughout the year. Every five years, the City must update its Quality Assurance Program (QAP) to ensure that the construction material testing and certifications are kept current. We know all of these ancillary state and federal requirements and will assist the City in maintaining good standing with Caltrans Local Assistance. We will be responsible to track and update the DBE/ADA annual forms in accordance with LAPM Chapter 9 "Civil Rights and Disadvantaged Business Enterprises", and ensure the City's QAP is in compliance with Caltrans procedures outlined in the Caltrans QAP Manual. Coordination with Other Agencies and Stakeholders As a representative of the City for each assigned project, NAI will maintain a positive relationship with other impacted agencies, stakeholders, and the public. This includes utilities agencies, flood control districts, regulatory agencies, the Coachella Valley Association of Governments (CVAG) and adjoining jurisdictions that share public improvements. As part of this on-going coordination NAI will hold stakeholder or public engagement meetings as necessary to ensure the project is well received and meets the expectations of everyone involved. Prepare and Track Project Schedules. At the beginning of the fiscal year the NAI Team will meet with city staff and assist in prioritizing the delivery of each project listed within the city’s capital improvement program (CIP). NAI will prepare an overall critical path Gantt chart schedule which clearly illustrates when objectives for each project will be accomplished and the time relationship with other projects. This timeline “plan” is invaluable in managing staff workload, design consultant deliverables and anticipating approvals by city management and elected policy makers. Assistance During Bidding and Contractor Procurement This critical objective begins with the preparation of biddable specifications, constructible plans, and realistic engineer’s estimate (PS&E) package. The NAI Team fully experienced with city procedures and will respond to contractor requests for information (RFI), prepare any necessary addenda to the bid documents, prepare bid comparison summaries that compare the bids received to the engineer’s estimate and/or each other, perform due diligence on the low bidder, and prepare a staff report with award findings and recommendations for consideration by the City Council. Exhibit A Page 8 of 19 427 City of La Quinta Design and Development RESPONSE TO REQUEST FOR PROPSOSAL: ON-CALL CIP PROJECT MANAGEMENT AND ENGINEERING SERVICES Project Scoping When a project scope is complete and thorough it is a powerful tool that can be used for many different documents, such as the CIP, staff reports, and funding applications. Typical items NAI prepares or coordinates are as follows: 1.Identify the project limits. 2.Identify above ground utilities and other obstructions. 3.Identify existing right of way using parcel maps or other maps as available. 4.Research record drawings from the City’s database. 5.Layout proposed improvements for quantities and other potential impacts (utilities and right of way). 6.Coordinate Preliminary Hydrology as needed. 7.Coordinate a Traffic Study as needed - Typical information may include recommendations for signal synchronization, signal optimization, interconnect, and coordination. 8.Prepare detailed scope and assumptions. 9.Prepare engineer’s estimate and add allowances for unknowns. Consultant Procurement The NAI Team has a strong working knowledge of the City’s Consultant Selection Process for both small and large projects. We will draft comprehensive Request for Proposal (RFP) and/or Request for Qualifications (RFQ) that clearly define the project scope and intent and identifies critical path schedule or administrative issues. We will negotiate the consultant’s scope of work, negotiate the right fee, prepare resultant professional services agreement, and prepare a staff report with consultant selection findings and recommendations for consideration by the City Council. Project Status Coordination The NAI Team will provide project specific input to the departments “Master Schedule” which provides a status of critical path project issues. We will be prepared to report all project matters related to budget, expected expenditures and deliver schedule in the Departments monthly Master Schedule meeting or any necessary impromptu meeting. We will also prepare for and attend the bi-monthly meeting with Finance Department staff. Prepare staff reports for City Council consideration. We understand that the City typically prepares the required staff reports with support from the NAI Team. However, when requested we will prepare necessary staff reports to ensures the successful deliver of assigned capital projects. Exhibit A Page 9 of 19 428 City of La Quinta Design and Development RESPONSE TO REQUEST FOR PROPSOSAL: ON-CALL CIP PROJECT MANAGEMENT AND ENGINEERING SERVICES Grant Applications One quality that NAI provides above managing grant funded projects is the ability secure the regional, state, or federal funding. Besides CVAG's well known 75% project funding support for projects listed in the Transportation Project Prioritization Study (TPPS) report, there are numerous other grant opportunities that we will assist and manage in applying. Common transportation grant opportunities include: 1.TBA Article 3 (SB821) Bicycle and Pedestrian Facilities through RCTC; 2.Congestion Mitigation and Air Quality (CMAQ) through CVAG; 3.Surface Transportation Block Grant (STBG) through RCTC; 4.Highway Safety Improvement Program (HSIP) through Caltrans; 5.Active Transportation Program (ATP) through CTC; 6.Highway Bridge Program (HBP) through Caltrans; and 7.State Transportation Improvement Program (STIP) through CTC. As grant opportunities arise, we will work with the City in drafting the language in the application. We will prepare all information necessary for successful application. 5 Year Capital Improvement Program Updates NAI Consulting understands that the City prepares the Capital Improvement Program (CIP) with the assistance of NAI; however, at the City’s direction, NAI is ready, willing, and able to take the lead to prepare the CIP update yearly. We have prepared the City’s CIP in the past and have an intimate knowledge of the process. We understand the impact of early and frequent coordination with the various departments in the City to ensure that all projects and funding sources are identified and that priority projects are fully scoped and ready for implementation. There are many moving parts when preparing a CIP including ensuring that all funding is being allocated correctly and that together with the CIP, Measure A and SB1 funds need to be reviewed, update, and forecasted. Prepare and/or Manage the City’s Development Impact Fee Update The City is currently updating the Development Impact Fee Study with NAI assisting with the Project Management. The NAI Team is thoroughly familiar with the City’s Development Impact Fee Study. We understand all of its components and are fully capable of updating the fee study or managing the update. We also have considerable experience working with the Desert Valley Builders Association (DVBA) staff. This experience will prove invaluable during future Fee Study updates. Assistance with the Coachella Valley Transportation Uniform Mitigation Fee (TUMF) Program NAI’s Principal Manager was instrumental in the development of the Coachella Valley Transportation Uniform Mitigation Fee (TUMF) Program while serving as the Director of Transportation and Planning for the Coachella Valley Association of Governments. As such, NAI is more qualified than most to assist the City with TUMF related issues. Exhibit A Page 10 of 19 429 City of La Quinta Design and Development RESPONSE TO REQUEST FOR PROPSOSAL: ON-CALL CIP PROJECT MANAGEMENT AND ENGINEERING SERVICES Assistance with the Measure A ½ Cent Sales Tax Capital Improvement Plan and Maintenance of Effort Requirements. The Measure A ½ Cent Sales Tax policies and procedures were also developed by CVAG in conjunction with its TUMF Program. NAI has full knowledge of these requirements and will continue to advise the City on any matter necessary to remain in compliance to ensure the City’s local funding share is not forfeit. Project Management and Control System In addition to utilizing Trackit to process CIP projects, NAI utilizes a very basic but streamlined project management and control system. We track project history, deliverables, and action items with Microsoft Excel. This allows us to quickly update pertinent project information for minimal cost and very little training. To supplement the Project Status Sheets, we use Microsoft Project to track both a master schedule of all projects and a detailed schedule of individual projects. By using Excel and Project, we ensure all of our clients have the same project management and control system tools to take over project delivery at any point. This approach fits with our vision of integrating seamlessly into our client support. In addition to the project management and control system, NAI maintains a business cloud account with Citrix Sharefile. With Sharefile, we are able to provide our clients with unlimited cloud-based storage and document delivery as necessary. This service can be used to mirror all the NAI files associated with this as needed support so that the City can access everything NAI produces at any time. ADDITIONAL GRANT ADMINISTRATION SERVICES Agency Coordination Throughout the contract period, NAI will work closely with the Riverside County Transportation Commission (RCTC), the California Department of Transportation (Caltrans), and the California Transportation Commission (CTC) to ensure the City’s State and Federally funded projects are processed correctly. Through RCTC, NAI will update the FTIP with appropriate project changes; provide a general City update to RCTC every two years; provide a list of projects to be included in the Regional Transportation Plan (RTP); and provide any funding, invoice, or other project related update request by RCTC. In coordinating with the Caltrans Department of Local Assistance, NAI will document submittals, meeting requests, and maintaining an open communication channel. We will often contact Caltrans Local Assistance when preparing a document to discuss their initial feedback and to inform them of the pending submittal. If any comments are received, we are quick to correct the documents and return to Caltrans so that our projects remain first in line. Exhibit A Page 11 of 19 430 City of La Quinta Design and Development RESPONSE TO REQUEST FOR PROPSOSAL: ON-CALL CIP PROJECT MANAGEMENT AND ENGINEERING SERVICES For state funded projects, we will coordinate with the CTC to ensure correct and on- time submittals. In coordinating with the CTC, we work with both Caltrans and RCTC to ensure all project details are correctly outlined. Assist with Consultant Selection for Federally Funded Projects NAI will coordinate with the City to identify the services required for each contract. Whether planning, environmental, design, right of way, or construction management, NAI will develop the scope of work programs to include in a Request for Proposals (RFP). In addition, NAI will prepare an Independent Cost Estimate to use during negotiations. NAI will use this estimate to determine the Disadvantaged Business Enterprise (DBE) goal for the RFP. In accordance with Chapter 10 – Consultant Selection of the LAPM, NAI will prepare the RFP to select the most qualified firm for the services required. This will include reviewing the City’s standard RFP and adding any federal language necessary. NAI will also review the City’s standard Professional Services Agreement and add any additional federal aid clauses that are required. NAI will coordinate with the City’s Consultant Selection Committee to ensure everyone has signed the Conflict of Interest Statements and is using the appropriate evaluation forms. As part of the Consultant Selection Committee, NAI will evaluate the submitted proposals and rank the consultants based on the evaluation form. NAI will review the scope and fee of the top ranked consultant and negotiate a fair and equitable price for the City. For Contracts with federal reimbursement over $150,000, once NAI and the City have negotiated a final contract with the top ranked proposer, NAI will assist the prime consultant in compiling the necessary financial documents for submittal to Caltrans. NAI will prepare the 10-C Form for Caltrans review and approval before the City can execute the final agreement. This task will include compiling any additional information or forms necessary for the complete submittal. Review PES and Environmental Technical Studies Transportation projects using federal funds must meet the requirements of the National Environmental Policy Act (NEPA) in addition to CEQA. The NEPA document must be accepted by Caltrans as part of their stewardship agreement with FHWA. As such, the City must submit a Preliminary Environmental Study (PES) to Caltrans that outlines the environmental setting for the project. As necessary, we will provide assistance in reviewing the PES form and any technical studies that may be required. We have thorough experience managing projects through the NEPA process and will provide invaluable experience on how to scope the environmental setting in the PES to avoid unnecessary and costly technical studies. We will also review technical studies to ensure the study is scoped properly to avoid unnecessary mitigation measures. Exhibit A Page 12 of 19 431 City of La Quinta Design and Development RESPONSE TO REQUEST FOR PROPSOSAL: ON-CALL CIP PROJECT MANAGEMENT AND ENGINEERING SERVICES Our reviews will follow the guidelines outlined in LAPM Chapter 6, "Environmental Procedures", and the Caltrans Standard Environmental Reference (SER). Review/Draft PS&E Certification Prior to bidding any federally funded project the City must certify that the PS&E is prepared in accordance with all applicable local, state, and federal standards. Depending on the type of construction, whether or not the project is on the National Highway System (NHS), and the size of the project, Caltrans may or may not specify what design standards to use per LAPM Chapter 11, "Design Standards". This PS&E Certification also includes a checklist of federal contract language that must be included in the project specifications. We will work with the consultant from the beginning of a design project to ensure proper design standards are used, and we will review existing PS&E documents to ensure all items in the PS&E Certifications are completed adequately. This may include securing any design exceptions or public interest findings as needed. The PS&E Certification will be completed in accordance with the guidelines outlined in LAPM Chapter 12, "Plans, Specifications, and Estimate". Prepare City Boilerplate Specifications with State and Federal Provisions Project Specifications for State and federal aid projects must include additional provisions, including establishing DBE goals, and bidder forms for the bid to remain eligible for federal reimbursement. NAI will work with the currently adopted standard specifications for the City to include the additional provisions and forms. The additional clauses can either be inserted into the general specifications section or we can create a new section titled "Special Federal Specifications". All language will be added in accordance with LAPM Chapter 12, "Plans, Specifications, and Estimate". Review/Draft Utility Agreements For State or Federally funded transportation projects, the City must determine who is fiscally responsible for the utility relocation or adjustment and have a utility agreement defining the roles of each agency. If the utility is responsible for adjusting their facilities (City has prior rights) then a simple utility agreement is adequate. If the City is responsible for adjusting the facility (utility has prior rights) then a Caltrans-specific utility agreement is required along with Specific Authorization from FHWA for the relocation to be eligible for federal reimbursement. Depending on the complexity of the project, we will either support the project by drafting utility agreements or we will review utility agreements prepared by others for conformance with Caltrans procedures. Utility agreements must be executed prior to receiving ROW Certification. All utility agreements will be prepared per the guidelines outlined in LAPM Chapter 14, "Utility Relocations". Exhibit A Page 13 of 19 432 City of La Quinta Design and Development RESPONSE TO REQUEST FOR PROPSOSAL: ON-CALL CIP PROJECT MANAGEMENT AND ENGINEERING SERVICES Review/Draft ROW Certification Before any federal project can begin the construction phase, the City must certify that it has secured all property rights and easements to all properties being accessed. This Right-of-Way (ROW) Certification is then submitted to Caltrans for review and approval. The ROW Certification could include full acquisitions with relocation assistance, possession and use agreements, temporary construction easements, and/or utility agreements among other items. Depending on the complexity of the project, we will either support the project by drafting the ROW Certifications or we will review ROW Certifications prepared by others for conformance with Caltrans procedures. All ROW Certifications will be prepared per the guidelines outlined in LAPM Chapter 13, "Right of Way". Assist with Bidding Procedures and Provide Construction Support For federally funded projects, we understand the challenges that cities face once the authorization to proceed with construction (E-76) is received. Before construction begins, we will sit down with the City and outline all federal construction requirements. We will assist the City in establishing bid advertising procedures as required, attending any pre-bid meetings, reviewing bid documents for federal compliance, preparing bid summary sheets, reviewing DBE goals and good faith efforts, and submitting the award package to Caltrans. During construction we will manage the construction management team by reviewing subcontractor request forms, labor compliance, progress payments, and contract change orders. We will ensure that the City complies with all guidelines outlined in LAPM Chapter 15, "Advertise and Award Project", Chapter 16, "Administer Construction Contracts", and the Caltrans Construction Manual as needed. Prepare and Submit Request for Federal Project Number A federal project number is required for all federally funded projects. Before we can submit any documents for Caltrans approval, we will need to apply for a federal project number. The request for federal project number will follow the procedures outlined in LAPM Chapter 3, "Project Authorization". A field review form performed in accordance with LAPM Chapter 7, "Field Review", must be included with the request for federal project number. Prepare and Submit Request for Allocation (State Funded Projects) A request for funding allocation is required for all state funded phases of a project. Typical phases of a capital improvement project subject to state funding include the Project Approval and Environmental Document (PA&ED) Phase; the Plans, Specifications, and Estimate (PS&E) Phase, the Right-of-Way (ROW) Phase, and the Construction (CON) Phase. Allocation is required prior to performing any reimbursable work beginning with the date that the CTC meets to approve the allocation. The request for allocations will follow the currently adopted guidelines established in the LAPG for each particular state funding source. Exhibit A Page 14 of 19 433 City of La Quinta Design and Development RESPONSE TO REQUEST FOR PROPSOSAL: ON-CALL CIP PROJECT MANAGEMENT AND ENGINEERING SERVICES Prepare and Submit RFA for Federally Funded Projects The request for authorization (RFA) is required for all federally funded phases of a project. Typical phases of a capital improvement project subject to federal funding include Preliminary Engineering (PE), ROW, Utility Relocations, and CON. Authorization is required prior to beginning any reimbursable work beginning with the date that the FHWA representative signs the project authorization document (E- 76). The RFA will follow the procedures outlined in LAPM Chapter 3, "Project Authorization". Each RFA requires differing levels of project information. We will work closely with the City to ensure proper documentation is provided. Assist with Project Funding Cost Adjustments Throughout the life of a capital improvement project, the funding may need to be adjusted. This could occur if the project has cost overruns and requires additional funding from the grant administrator, or if the project needs to adjust funds within a specific phase of work, i.e. from Construction Engineering to the Construction Contract. We will prepare the finance letter and other appropriate documentation required for the cost adjustments, including any backup documentation required. Assist with State and Federal Project Invoicing Throughout the project, any state or federally funded phase requires diligent project invoicing. We will work hard to make sure that the City receives the programmed reimbursement in a timely manner. Caltrans reimbursement requests must be submitted at least once every six (6) months, but not more frequently than once per month. Submitted invoices will follow the procedures outlined in LAPM Chapter 5, "Invoicing". We will maintain a log of all invoices paid on the project to contractors and consultants for quick reference when preparing the request for reimbursement. We will prepare the invoice backup and tracking log and bring to the City for signature prior to mailing to Caltrans. We will quickly respond to any Caltrans comment and keep the City informed of all progress. Prepare and Submit Final Report of Expenditures Upon project completion, NAI will prepare and submit the Final Report of Expenditures for federal aid projects. We will work with the City to ensure the material certification is filled out properly, noting any exceptions. We will compile the contract change order summary, final detail estimate, and final inspection form. We will ensure the contractor submits final DBE paperwork prior to issuing the Notice of Completion to include in the Final Report of Expenditures. A successful project closeout is contingent upon following proper federal procedures throughout the life of the project, and we will be there every step of the way. Exhibit A Page 15 of 19 434 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- Exhibit A Page 16 of 19 435 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, 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 Exhibit A Page 17 of 19 436 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 III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. (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, Exhibit A Page 18 of 19 437 Exhibit A Page 19 of 19 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. 438 Exhibit B Page 1 of 3 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 Five Hundred Forty Thousand Five Hundred and Thirty-Two Dollars ($540,532.00) per year for the life of the Agreement, encompassing the initial and any extended terms (“Contract Sum”). The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in 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. Initial Term: “Not to exceed” Year 1: $540,532.00 “Not to exceed” Year 2: $540,532.00 “Not to exceed” Year 3: $540,532.00 Possible Extended Term: “Not to exceed” Year 4: $540,532.00 “Not to exceed” Year 5: $540,532.00 439 NAI CONSULTING, INC. LA QUINTA FISCAL YEARS 19/20 - 21/22 ANNUAL AVERAGE ESTIMATED MAN POWER Full Time hours (less vacation/holidays): 1,888 Staff Member/Average Hours Per Year TOTAL HOURS PERCENT ASSIGNED BILLING RATE EXTENDED COST Nick Nickerson, Senior Project Manager 944 50.00% $165.00 $155,760.00 Lorissa Gruehl, Professional Civil Engineer 1,605 85.00% $155.00 $248,744.00 Joshua Nickerson, Professional Civil Engineer 500 26.48% $155.00 $77,500.00 Jennifer Gonzalez, Project Administrator 189 10.00% $85.00 $16,048.00 Michelle Vecsernyes, Administrative Support 566 30.00% $75.00 $42,480.00 TOTAL: 3,238 171.48% $540,532.00 Average Monthly Billing: $ 45,044.33 Exhibit B Page 2 of 3 440 City of La Quinta Design and Development RESPONSE TO REQUEST FOR PROPSOSAL: ON-CALL CIP PROJECT MANAGEMENT AND ENGINEERING SERVICES FEE SCHEDULE SCHEDULE OF HOURLY FEES NAME DISCIPLINE HOURLY RATE Lloyd "Nick" Nickerson PRINCIPAL $165.00 Lorissa Nickerson PROFESSIONAL CIVIL ENGINEER $155.00 Josh Nickerson PROFESSIONAL CIVIL ENGINEER $155.00 Jennifer Gonzalez PROJECT ADMINISTRATOR $85.00 Michelle Vecsernyes ADMINISTRATIVE SUPPORT $75.00 ADDITIONAL HOURLY FEES (WHEN APPLICABLE*) NAME DISCIPLINE HOURLY RATE SENIOR PROJECT MANAGER $155.00 DESIGN ENGINEER $105.00 CAD DRAFTSMAN $95.00 *Additional hourly fees will only apply upon approval from Contract Manager. Please note that NAI Consulting will provide the reimbursable expenses (reproduction, messenger service and postage) at cost without markup. Exhibit B Page 3 of 3 441 Exhibit C Page 1 of 1 Exhibit C Schedule of Performance Contracting Party shall complete services identified in the Scope of Services, Exhibit A of this Agreement, as requested by City within the time allowed by the total contract sum. 442 Exhibit D Page 1 of 7 Exhibit D Special Requirements Projects covered by this Agreement may be partially funded by various Program funds administered through the California Department of Transportation (Caltrans). As such, the Consultant shall comply with the requirements of 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31 et seq.; 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, and Caltrans Local Procedures Manual Processing Procedures for Implementing Federal and/or State Funded Local Public Transportation Projects. Debarment And Suspension Certification. TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The Consultant’s signature affixed to this Agreement shall constitute a certification, under penalty of perjury, that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, and manager: • Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; • Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years; • Does not have a proposed debarment pending; and • Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. None. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the 443 Exhibit D Page 2 of 7 Agreement. Signing this Agreement on the signature portion thereof shall also constitute signature of this Certification. 1. Rebates, Kickbacks Or Other Unlawful Consideration. The CONSULTANT warrants that this contract was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 2. Prohibition Of Expending Local Agency State Or Federal Funds For Lobbying. A. The CONSULTANT certifies to the best of his or her knowledge and belief that: 1) No state, federal or local agency appropriated funds have been paid, or will be paid by-or-on behalf of the CONSULTANT to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement. 2) If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress; in connection with this federal contract, grant, loan, or cooperative agreement; the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, US. Code. Any person 444 Exhibit D Page 3 of 7 who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower-tier subcontracts, which exceed $100,000, and that all such sub recipients shall certify and disclose accordingly. 3. Certifications. Caltrans LAPM Exhibits 10-F Certification of Consultant and 10-G Certification of Local Agency, are attached and a part of this Agreement. 4. Cost Principles. A. NAI agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the allowability of cost individual items. B. The NAI also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. C. Any costs for which payment has been made to DESIGN PROFESSIONAL that are determined by subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by NAI to the City. 5. Retention of Records/Audit. For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the contract pursuant to Government Code 8546.7; the CONSULTANT, subcontractors, and the City shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The state, the State Auditor, City, FHWA, or any duly authorized representative of the federal government shall have access to any books, records, and 445 Exhibit D Page 4 of 7 documents of the CONSULTANT that are pertinent to the contract for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. Subcontracts in excess of $25,000 shall contain this provision. Community Development Block Grant (CDBG) Project Regulations CDBG funded work under this Professional Services Agreement is subject to all applicable Federal, State, and local laws and regulations, including but not limited to the regulations pertaining to the Community Development Block Grant program (24 CFR and Part 570), Executive Order #11246, and other applicable requirements. 1. Access to Records and Records Retention: The Consultant and any sub-consultants shall allow all duly authorized County, Federal, or State officials or authorized representatives access to the work area, as well as all books, documents, materials, papers, and records of the Consultant and any Sub-consultants that are directly pertinent to a specific program for the purpose of making audits, examinations, excerpts, and transcriptions. The Consultant and any sub-consultants further agree to maintain and keep such books, documents, materials, papers, and records, on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least four (4) years after the expiration of the term of this Agreement. 2. Federal Employee Benefit Clause: No member of or delegate to the congress of the United States, and no Resident Commissioner shall be admitted to any share or part of this agreement or to any benefit to arise from the same. 3. Equal Opportunity The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Consultant will ensure that all qualified applicants will receive consideration 446 Exhibit D Page 5 of 7 for employment without regard to race, color, religion, sex or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and the employees are treated during employment, without regard to their race color, religion, sex, or national origin. Such actions shall include, but are not limited to, the following: employment, up-grading, demotion, or transfer; recruitment or recruitment advertising; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in a conspicuous place, available to employees and applicants for employment, notices to be provided by HUD setting forth the provisions of this non-discriminating clause. 4. Section 3 of the Housing and Community Development Act of 1968 Economic Opportunities for Section 3 Residents and Section 3 Business Concerns Sec. 135.38 Section 3 clause. All Section 3 covered contracts shall include the following clause (referred to as the Section 3 Clause): A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and 447 Exhibit D Page 6 of 7 employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. G. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. H. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of 448 Exhibit D Page 7 of 7 contracts and subcontracts shall be given to Indian organizations and Indian- owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). 5. Certifications and Reporting Contractor agrees to complete and submit the following reporting forms at the initiation of project activities: A. Exhibit B-5/B-6: BIDDER CERTIFICATION FOR AFFIRMATIVE ACTION B. Exhibit B-8: QUESTIONNAIRE REGARDING BIDDER C. Exhibit PA-5: SECTION 3 SUMMARY REPORT 449 Exhibit E Page 1 of 6 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) Personal Auto Declaration Page if applicable Errors and Omissions Liability $1,000,000 (per claim and aggregate) 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. 450 Exhibit E Page 2 of 6 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, 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. 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 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. 451 Exhibit E Page 3 of 6 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 of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for 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 policies. Nothing contained in this Agreement or any other 452 Exhibit E Page 4 of 6 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. 453 Exhibit E Page 5 of 6 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 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 454 Exhibit E Page 6 of 6 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. 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. 455 Exhibit F Page 1 of 3 Exhibit F Indemnification F.1 Indemnity for the Benefit of City. 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 456 Exhibit F Page 2 of 3 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. 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 457 Exhibit F Page 3 of 3 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. 458 City of La Quinta JOINT CITY COUNCIL/HOUSING AUTHORITY MEETING: June 18, 2019 STAFF REPORT AGENDA TITLE: PUBLIC SAFETY CAMERA SYSTEM PILOT PROGRAM AND SURVEY RESULTS RECOMMENDATION Discuss the public safety camera system pilot program and survey results, and provide direction. EXECUTIVE SUMMARY  On October 2016, an Ad-Hoc Committee was established to evaluate a public safety camera system (PSCS).  Since then, extensive community outreach, research, policy development and site visits to communities with camera systems have been completed.  On March 1, 2019, Council authorized staff to conduct a 90-day pilot program, refine system governance policies, and conduct additional community outreach including a third-party survey.  This report presents the pilot program’s findings and the survey results. FISCAL IMPACT Should Council decide to move forward with a phase 1 deployment, staff would obtain quotes and seek an award of contract for installation. Based on estimates from the recent pilot program, installing 25 cameras would cost $270,000, with an annual maintenance cost of $10,000. BACKGROUND/ANALYSIS In October 2016, the PSCS Ad-Hoc was formed to explore whether or not deploying public safety cameras would increase law enforcement and fire efficiency, reduce criminal activity, and improve emergency response. Public safety is a priority for residents, Council and staff and a PSCS could be a force multiplier. Further, with ever increasing law enforcement costs, the City is seeking ways to improve police services by incorporating technology-driven service enhancements to supplement Sheriff Department personnel. STUDY SESSION ITEM NO. 1 459 In January 2019, Council gave direction to conduct a 90-day pilot program for a PSCS. The program consisted of three camera integrators installing two brands of cameras at three intersections: o Washington St. at Ave. 52- (Bosch camera) o Washington St. at Eisenhower Dr.- (Axis camera) o Washington St. at Highway 111- (Axis camera). The cameras streamed live video feed from these locations to three monitors located in the lobby of City Hall. Staff sponsored public viewing sessions twice weekly; Attachment 1 presents the key findings from these viewing sessions and the methodology staff used to rate each vendor. Pilot Program Observations  Pro-active communication with the project integrator and camera manufacturers is critical during the design and implementation stages.  A fiber optic backbone to support the video feed is essential to insure real time transmission and clear optics. The City is installing fiber optic infrastructure as part of the Highway Safety Improvement Program (HSIP) this summer; this system could support a PSCS.  Viewing party attendance was low, unless presentations were arranged with community-based groups, such as Neighborhood Watch Groups and the Cove Neighborhood Association. Pilot Program Results  The Bosch camera, a 2K camera, had performance issues but exceptional clarity. The Bosch camera would be ideal for parks, trail heads, and City facilities due to its fixed view capabilities.  The Axis 4K camera has a 360-degree view and a point to zoom (PTZ) capability. The Axis camera is ideal for street intersections. At the conclusion of the pilot program, the Ad-Hoc Committee met to score competing camera integrators; Convergint Technologies was the top performer based upon their approach to camera installation and programming, and their system performance and usage. They also appear to be a cost effect integrator given the preliminary cost quote they provided. They recently installed a $4,500,000 Video Management Transportation System for the City of Temecula. Survey In an effort to gain additional resident input and perspectives, Council requested a third-party survey. Probolsky Research was retained to conduct a random 460 sampling methodology survey based on 33 question geared to evaluate public safety and support for a PSCS; the survey results are presented in Attachment 2. Based on responses from 300 randomly selected residents, the survey findings relay:  Public safety is a top priority for La Quinta residents  82% feel safe in La Quinta  39.7% were familiar with the PSCS pilot program  65% support a public safety camera system  60.7% think the City has been transparent about the PSCS evaluation process. Based on the extensive review of this system, the pilot program findings and the survey results, staff recommends moving forward with the deployment of a phase 1 camera system. A phase 1 PCSC system would involve installing high definition cameras at up to 25 locations including signalized intersections, public parks, trail heads, and City facilities. The cameras would transfer video feed via fiber optics to TV monitors located at City Hall; the City Hall location would be determined as part of the phase 1 effort. The next steps would entail:  Obtain bids for a phase 1 PCSC system  Council consideration of PCSC governance policies and a PCSC integrator contract in the Fall of 2019  Install the phase 1 PCSC system when the citywide fiber project is complete  Continue community outreach and provide public access opportunities. ALTERNATIVES Council may decide to continue with pilot program, halt initiative or change program direction. Prepared by: Anthony Moreno, Public Safety Analyst Approved by: Chris Escobedo, Community Resources Director Attachment: 1. Pilot Program Findings 2. Probolsky Research - Community Survey 461 462 1    Key Findings of Pilot Program and Community Feedback The key points learned during the 90-day pilot program were:  Communication with the project integrator and camera manufacturers is critical during the design and implementation stages.  Having a fiber optic backbone to support the video feed is essential to ensure real time transmission and clear optics. The City is installing fiber optic infrastructure as part of the Highway Safety Improvement Program (HSIP) this summer; this system could support a PSCS. Pilot Program Results  The Bosch camera, a 2K camera, has performance issues, but exceptional clarity. It is ideal for parks, trail heads, and City facilities due to its fixed view capabilities.  The Axis 4K camera, has a 360-degree view and a point to zoom (PTZ) capability. It is ideal for street intersections. Viewing Sessions  21 were held at City Hall in the lobby  3 were held 6 PM for working residents  Total of 33 people attended  1 attendee submitted revisions to Policies & Procedures under review.  9 attendees submitted Feedback Forms with the following responses: o On support of cameras in public places: 7 yes, 1 no, and 1 don’t know. o On cameras placed on hiking trails, city parking lots, and public parks: 7 yes, 2 no. o Moreno Valley article reported arrest, due to vehicle identified by City surveillance cameras, does it encourage or discourage your view of cameras in public places: 6 encourage, 3 discourage. Camera Vendors Evaluation Results On June 3, 2019, staff met to score the camera vendors that participated in the pilot program. Convergint Technologies Inc. was selected based on the Evaluation Score Sheet below. They received the highest score based on performance, communication, technical support, training, and knowledge, and additional efforts exhibited above and beyond all other participants. ATTACHMENT 1 463 2    Score Sheet: Integrator Evaluation Please rate the following on a scale from 1 to 5 five being the best, easiest or most professional IP Vision 1234 5Notes Telephone Communication  Email Communication  Clarity of Communication Technical Support Product Training Cost Proposals Misc. / Intangibles Please rate the following on a scale from 1 to 5 five being the best, easiest or most professional Bosch 1234 5Notes Telephone Communication  Email Communication  Clarity of Communication Technical Support Product Training Cost Proposals Misc. / Intangibles Please rate the following on a scale from 1 to 5 five being the best, easiest or most professional Convergint 1234 5Notes Telephone Communication  Email Communication  Clarity of Communication Technical Support Product Training Cost Proposals Misc. / Intangibles 464 City of La Quinta Community Survey Presentation May 30, 2019 Opinion Research on Elections and Public Policy Probolsky Research 3990 Westerly Place Suite 185 Newport Beach CA 92660 Newport Beach (949) 855-6400 San Francisco (415) 870-8150 Washington DC (202) 559-0270 ATTACHMENT 2 ATTACHMENT 2465 2 City of La Quinta–Community Survey Survey Methodology* From Tuesday, May 21, 2019 to Monday, May 27, 2019, Probolsky Research conducted a live-interviewer telephone and online survey among residents in the City of La Quinta, CA. A total of 300 residents (150 by telephone and 150 online) were surveyed. A survey of this size yields a margin of error of +/-5.8%, with a confidence level of 95%. Interviews were conducted with respondents on both landline and mobile phones (82.7%) and were offered in English and Spanish (5%) languages. For the online survey phase, we invited participation via email. Security measures precluded individuals from completing the survey more than once and allowed only the designated voter to complete the survey. Online respondents were able to use their computer, tablet or smart phone to participate. Probolsky Research applies a stratified random sampling methodology to our sample design. In other words, we ensure that the demographic proportions of survey respondents match the demographic composition of the universe being researched. Probolsky Research specializes in opinion research on behalf of corporate, election, non-profit, and special interest clients. *Due to rounding, totals shown on charts may not add up to 100%466 Top Issues 467 4 Public Safety and Transportation stand out as Top issues 468 5 Public Safety is the most important issue According to respondents Question 1: What is the most important issue facing your community? 22.3% 14.3% 8.7% 7.3% 4.3% 3.3% 3.3% 2.7% 2.7% 2.7% 2.3% 2.0% 2.0% 0.7% 7.7% 4.7% 8.7% 0.3% Public safety Transportation Jobs and the economy Government Over population/Controlling growth/Development Environmental issues Aesthetics/Appearance Education/Schools/Higher education Moral issues Code enforcement/Hoa/House rentals Housing affordability Healthcare Homelessness Water/Drought Other Nothing/None Don't know/Unsure Refused/No opinion 469 Right Direction/Wrong Direction 470 7 53% say La Quinta is moving in the right direction Residents who say La Quinta is moving in the wrong direction total 16% Question 2: Do you think the City of La Quinta is moving in the right direction or the wrong direction? 53.0% 16.0% 31.0% Right direction Wrong direction Unsure/Prefer not to answer 471 8 Response by gender, age, and ethnicity Question 2: Do you think the City of La Quinta is moving in the right direction or the wrong direction? 55.9% 50.3% 64.3% 51.9% 43.8% 48.5% 55.7% 54.5% 55.2% 33.3% 37.5% 26.6% 35.0% 26.2% 40.7% 33.3% 30.9% 29.6% 28.8% 33.3% 25.0% 17.5% 14.6% 9.5% 7.4% 22.9% 20.6% 14.8% 16.7% 11.5% 66.7% 37.5% Male Female 18-29 30-39 40-54 55-64 65+ Latino/Hispanic White/Caucasian Black/African American Asian Right direction Unsure/Prefer not to answer Wrong direction Right direction Wrong direction 472 9 Response by survey mode and language Question 2: Do you think the City of La Quinta is moving in the right direction or the wrong direction? 66.0% 76.9% 63.7% 40.0% 51.9% 73.3% 19.3% 19.2% 19.4% 42.7% 31.9% 13.3% 14.7% 3.8% 16.9% 17.3% 16.1% 13.3% Phone [NET] Landline Mobile Online English Spanish Right direction Unsure/Prefer not to answer Wrong direction Right direction Wrong direction 473 Approval of La Quinta Mayor and City Council 474 11 50.7% approve of the job La Quinta Mayor and City Council are doing Question 3: Do you approve or disapprove of the job the La Quinta Mayor and City Council are doing? Approve 50.7% Disapprove 16.3% Unsure/Prefer not to answer 33.0% 475 12 Among those who approve, 50% strongly approve Of the job La Quinta Mayor and City Council are doing Question 3: Do you approve or disapprove of the job the La Quinta Mayor and City Council are doing? 50.7% 16.3% 33.0% TotalStrongly 50.0% Somewhat 50.0% Among those who approve Strongly 40.9% Somewhat 59.1% Among those who disapprove 476 13 Approval by gender, age, and ethnicity Question 3: Do you approve or disapprove of the job the La Quinta Mayor and City Council are doing? 55.2% 46.5% 54.8% 44.4% 50.0% 44.1% 54.8% 48.5% 57.9% 33.3% 25.0% 28.7% 36.9% 33.3% 48.1% 31.3% 38.2% 27.0% 34.8% 30.6% 33.3% 62.5% 16.1% 16.6% 11.9% 7.4% 18.8% 17.6% 18.3% 16.7% 11.5% 33.3% 12.5% Male Female 18-29 30-39 40-54 55-64 65+ Latino/Hispanic White/Caucasian Black/African American Asian Approve Unsure/Prefer not to answer Disapprove Approve Disapprove 477 14 Approval by survey mode and language Question 3: Do you approve or disapprove of the job the La Quinta Mayor and City Council are doing? 60.7% 76.9% 57.3% 40.7% 49.8% 66.7% 24.7% 11.5% 27.4% 41.3% 33.3% 26.7% 14.7% 11.5% 15.3% 18.0% 16.8% 6.7% Phone [NET] Landline Mobile Online English Spanish Approve Unsure/Prefer not to answer Disapprove Approve Disapprove 478 Safety in the City of La Quinta 479 16 82% say they feel safe living in La Quinta 8.3% say they feel unsafe living in La Quinta Question 4: Do you feel safe or unsafe living in La Quinta? Safe 82.0% Unsafe 8.3% Unsure/Prefer not to answer 9.7% 480 17 Among those who feel safe, 63.4% feel very safe Living in La Quinta Question 4: Do you feel safe or unsafe living in La Quinta? 82.0% 8.3% 9.7% TotalVery 63.4% Somewhat 36.6% Among those who feel safe Very 28.0% Somewhat 72.0% Among those who feel unsafe 481 18 Response by gender, age, and ethnicity Question 4: Do you feel safe or unsafe living in La Quinta? 81.8% 82.2% 83.3% 85.2% 85.4% 83.8% 78.3% 84.8% 82.5% 100.0% 87.5% 11.2% 8.3% 4.8% 3.7% 8.3% 4.4% 16.5% 6.1% 9.3% 12.5% 7.0% 9.6% 11.9% 11.1% 6.3% 11.8% 5.2% 9.1% 8.2% Male Female 18-29 30-39 40-54 55-64 65+ Latino/Hispanic White/Caucasian Black/African American Asian Safe Unsure/Prefer not to answer Unsafe Safe Unsafe 482 19 Response by survey mode and language Question 4: Do you feel safe or unsafe living in La Quinta? 88.7% 80.8% 90.3% 75.3% 81.4% 93.3% 4.0% 15.4% 1.6% 15.3% 9.8% 6.7% 7.3% 3.8% 8.1% 9.3% 8.8% Phone [NET] Landline Mobile Online English Spanish Safe Unsure/Prefer not to answer Unsafe Safe Unsafe 483 20 Among the 8.3% who don’t feel safe, crime is their top Reason for feeling unsafe living in La Quinta Question 5: Why do you say that you feel unsafe in La Quinta? [ASKED AMONG THOSE WHO SAID “UNSAFE” FOR Q4] 40.0% 20.0% 16.0% 24.0% Crime Homeless/Strangers increase Illegals/Immigrants Other 484 21 83% say they think visitors feel safe when visiting La Quinta Question 6: Do you think visitors feel safe when visiting La Quinta? 83.0% 3.0% 14.0% Yes, I think they feel safe No, I don’t think they feel safe Unsure/Prefer not to answer 485 22 Among the 3% who think visitors don’t feel safe Reputation of the area is the main reason for their response Question 7: Why do you think visitors in La Quinta don't feel safe? [ASKED AMONG THOSE WHO SAID “NO, I DON’T THINK THEY FEEL SAFE” FOR Q6] 22.2% 77.8% Reputation of the area Other 486 Satisfaction with Cal Fire 487 24 84.7% are satisfied with the job Cal Fire is doing Providing fire protection services in La Quinta Question 8: In general, are you satisfied or unsatisfied with the job Cal Fire is doing providing fire protection services in La Quinta? Satisfied 84.7% Unsatisfied 0.3% Unsure/Prefer not to answer 15.0% 488 25 Among those who are satisfied, 55.5% are very Satisfied with the job Cal Fire is doing providing fire protection services in La Quinta Question 8: In general, are you satisfied or unsatisfied with the job Cal Fire is doing providing fire protection services in La Quinta? 84.7% 0.3% 15.0% TotalSatisfied 55.5% Very satisfied 44.5% Among those who are satisfied Very unsatisfied 99.6% Unsatisfied 0.4% Among those who are unsatisfied 489 26 Response by gender, age, and ethnicity Question 8: In general, are you satisfied or unsatisfied with the job Cal Fire is doing providing fire protection services in La Quinta? 86.0% 83.4% 88.1% 77.8% 91.7% 83.8% 82.6% 86.4% 87.4% 66.7% 75.0% 14.0% 15.9% 9.5% 22.2% 8.3% 16.2% 17.4% 13.6% 12.6% 33.3% 25.0% 0.6% 2.4% Male Female 18-29 30-39 40-54 55-64 65+ Latino/Hispanic White/Caucasian Black/African American Asian Satisfied Unsure/Prefer not to answer Unsatisfied Satisfied Unsatisfied 490 27 Response by survey mode and language Question 8: In general, are you satisfied or unsatisfied with the job Cal Fire is doing providing fire protection services in La Quinta? 84.7% 80.8% 85.5% 84.7% 84.2% 93.3% 15.3% 19.2% 14.5% 14.7% 15.4% 6.7% 0.7% 0.4% Phone [NET] Landline Mobile Online English Spanish Satisfied Unsure/Prefer not to answer Unsatisfied Satisfied Unsatisfied 491 Satisfaction with the Riverside County Sheriff’s Department 492 29 71.3% are satisfied with the job the Riverside County Sheriff’s Department is doing providing police services in La Quinta Question 10: In general, are you satisfied or unsatisfied with the job the Riverside County Sheriff's Department is doing providing police services in La Quinta? Satisfied 71.3% Unsatisfied 12.7% Unsure/Prefer not to answer 16.0% 493 30 Among those who are satisfied, 62.6% are very Satisfied with the job the Sheriff’s Department is doing providing police services in La Quinta Question 10: In general, are you satisfied or unsatisfied with the job the Riverside County Sheriff's Department is doing providing police services in La Quinta? 71.3% 12.7% 16.0% TotalVery 62.6% Somewhat 37.4% Among those who are satisfied Very 42.1% Somewhat 57.9% Among those who are unsatisfied 494 31 Response by gender, age, and ethnicity Question 10: In general, are you satisfied or unsatisfied with the job the Riverside County Sheriff's Department is doing providing police services in La Quinta? 70.6% 72.0% 69.0% 63.0% 70.8% 73.5% 73.0% 65.2% 74.9% 66.7% 62.5% 13.3% 18.5% 14.3% 18.5% 12.5% 16.2% 17.4% 13.6% 15.3% 37.5% 16.1% 9.6% 16.7% 18.5% 16.7% 10.3% 9.6% 21.2% 9.8% 33.3% Male Female 18-29 30-39 40-54 55-64 65+ Latino/Hispanic White/Caucasian Black/African American Asian Satisfied Unsure/Prefer not to answer Unsatisfied Satisfied Unsatisfied 495 32 Response by survey mode and language Question 10: In general, are you satisfied or unsatisfied with the job the Riverside County Sheriff's Department is doing providing police services in La Quinta? 76.0% 73.1% 76.6% 66.7% 71.2% 73.3% 12.7% 15.4% 12.1% 19.3% 16.1% 13.3% 11.3% 11.5% 11.3% 14.0% 12.6% 13.3% Phone [NET] Landline Mobile Online English Spanish Satisfied Unsure/Prefer not to answer Unsatisfied Satisfied Unsatisfied 496 33 Among the 12.7% who are not satisfied, not enough Patrolling is cited as the top reason for their unsatisfaction Question 11: Why are you unsatisfied with the Riverside County Sheriff's Department? [ASKED AMONG THOSE WHO ANSWERED “UNSATISFIED” FOR Q10] 31.6% 18.4% 15.8% 13.2% 5.3% 15.8% Not enough patrolling Lazy/Bad attitudes Slow response time/No response Too much crime Concentrate on non criminal issues Other 497 Familiarity with the Public Safety Camera System pilot program 498 35 55.7% say they’re unfamiliar with the pilot program In La Quinta for a Public Safety Camera System Question 12: Are you familiar or unfamiliar with the pilot program in La Quinta for a Public Safety Camera System? 39.7% 55.7% 4.7% Familiar Unfamiliar Unsure/Prefer not to answer 499 36 Response by gender, age, and ethnicity Question 12: Are you familiar or unfamiliar with the pilot program in La Quinta for a Public Safety Camera System? 38.5% 40.8% 38.1% 44.4% 31.3% 48.5% 37.4% 34.8% 39.9% 66.7% 37.5% 5.6% 3.8% 4.8% 3.7% 4.2% 2.9% 6.1% 4.5% 6.0% 55.9% 55.4% 57.1% 51.9% 64.6% 48.5% 56.5% 60.6% 54.1% 33.3% 62.5% Male Female 18-29 30-39 40-54 55-64 65+ Latino/Hispanic White/Caucasian Black/African American Asian Familiar Unsure/Prefer not to answer Unfamiliar Familiar Unfamiliar 500 37 Response by survey mode and language Question 12: Are you familiar or unfamiliar with the pilot program in La Quinta for a Public Safety Camera System? 37.3% 46.2% 35.5% 42.0% 40.7% 20.0% 4.7% 3.8% 4.8% 4.7% 4.6% 6.7% 58.0% 50.0% 59.7% 53.3% 54.7% 73.3% Phone [NET] Landline Mobile Online English Spanish Familiar Unsure/Prefer not to answer Unfamiliar Familiar Unfamiliar 501 38 Among the 39.7% who are familiar, 30.3% have Heard that the cameras are in place or know their location Question 13: What have you heard about the pilot program in La Quinta for a Public Safety Camera System? [ASKED AMONG THOSE WHO ANSWER “FAMILIAR” FOR Q12] 30.3% 18.5% 11.8% 6.7% 5.9% 4.2% 4.2% 12.6% 5.0% 0.8% Cameras are in place/Know their location Currently testing/In trial Heard about it/News/Meetings Used to deter crime/Improve safety For traffic violations/Red light camera Spying/Invasion of privacy It's being discussed/Being considered Other Nothing/None Don't know/Unsure 502 Support/Oppose the Public Safety Camera System pilot program 503 40 65% say they support the Public Safety Camera System Pilot program in La Quinta Question 14: In general, do you support or oppose the Public Safety Camera System pilot program in La Quinta? Support 65.0% Oppose 22.0% Unsure/Prefer not to answer 13.0% 504 41 Among those who support, 63.6% strongly support The Public Camera System pilot program in La Quinta Question 14: In general, do you support or oppose the Public Safety Camera System pilot program in La Quinta? 65.0% 22.0% 13.0% Total Strongly 63.6% Somewhat 36.4% Among those who support Strongly 65.2% Somewhat 34.8% Among those who oppose 505 42 Support by gender, age, and ethnicity Question 14: In general, do you support or oppose the Public Safety Camera System pilot program in La Quinta? 64.3% 65.6% 61.9% 59.3% 60.4% 64.7% 69.6% 66.7% 73.2% 66.7% 50.0% 9.8% 15.9% 7.1% 11.1% 25.0% 11.8% 11.3% 13.6% 11.5% 25.0% 25.9% 18.5% 31.0% 29.6% 14.6% 23.5% 19.1% 19.7% 15.3% 33.3% 25.0% Male Female 18-29 30-39 40-54 55-64 65+ Latino/Hispanic White/Caucasian Black/African American Asian Support Unsure/Prefer not to answer Oppose Support Oppose 506 43 Support by survey mode and language Question 14: In general, do you support or oppose the Public Safety Camera System pilot program in La Quinta? 66.0% 65.4% 66.1% 64.0% 64.9% 66.7% 10.0% 11.5% 9.7% 16.0% 12.3% 26.7% 24.0% 23.1% 24.2% 20.0% 22.8% 6.7% Phone [NET] Landline Mobile Online English Spanish Support Unsure/Prefer not to answer Oppose Support Oppose 507 Priorities for the Public Safety Camera System 508 45 To deter and to identify criminal activity is the top Priority that the community feels the Public Safety Camera System should focus on Question 15: Of the following list, which areas do you feel should be priority for the Public Safety Camera System? Choose as many as you like. 68.3% 63.3% 60.3% 49.7% 47.0% 44.0% 41.0% 8.3% 3.0% 0.3% To deter and identify criminal activity To target identified areas of gang and narcotics complaints or activity To assist in identifying, apprehending and prosecuting offenders To document officer and offender conduct during interactions to safeguard the rights of the public and officers To respond to incidents To monitor pedestrian and vehicle traffic activity To augment resources in a cost-effective manner None Unsure Prefer not to answer 509 Support/Oppose Message Testing 510 47 41.3% say this makes them more likely to support 23.1% of those who were initially unsure say this makes them more likely to support Question 16: To fully implement a citywide Public Safety Camera System, the cost could be approximately $1,000,000, and would be paid for within the existing City budget. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 41.3% 23.7% 27.7% 7.3% More likely to support 41.3% More likely to oppose 23.7% Makes no difference 27.7% Unsure/Prefer not to answer 7.3% 23.1% 30.8%20.5% 25.6% Among those who were initially unsure More likely to support 23.1% More likely to oppose 30.8% Makes no difference 20.5% Unsure/Prefer not to answer 25.6% 7.6% 56.1% 36.4% Among those who initially opposed More likely to support 7.6% More likely to oppose 56.1% Makes no difference 36.4% Unsure/Prefer not to answer 0.0% 511 48 Support by gender, age, and ethnicity Question 16: To fully implement a citywide Public Safety Camera System, the cost could be approximately $1,000,000, and would be paid for within the existing City budget. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 42.7% 40.1% 38.1% 55.6% 39.6% 32.4% 45.2% 45.5% 43.2% 66.7% 37.5% 25.9% 29.3% 31.0% 14.8% 22.9% 33.8% 27.8% 15.2% 29.5% 50.0% 6.3% 8.3% 4.8% 7.4% 10.4% 2.9% 9.6% 12.1% 7.1% 25.2% 22.3% 26.2% 22.2% 27.1% 30.9% 17.4% 27.3% 20.2% 33.3% 12.5% Male Female 18-29 30-39 40-54 55-64 65+ Latino/Hispanic White/Caucasian Black/African American Asian More likely to support Makes no difference Unsure/Prefer not to answer More likely to oppose More likely to support More likely to oppose 512 49 Support by survey mode and language Question 16: To fully implement a citywide Public Safety Camera System, the cost could be approximately $1,000,000, and would be paid for within the existing City budget. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 44.7% 38.5% 46.0% 38.0% 40.4% 60.0% 24.7% 34.6% 22.6% 30.7% 28.8% 6.7% 6.0% 7.7% 5.6% 8.7% 7.0% 13.3% 24.7% 19.2% 25.8% 22.7% 23.9% 20.0% Phone [NET] Landline Mobile Online English Spanish More likely to support Makes no difference Unsure/Prefer not to answer More likely to oppose More likely to support More likely to oppose 513 50 56.3% say this makes them more likely to support 46.2% of those who were initially unsure say this makes them more likely to support Question 17: The Public Safety Camera System can easily be monitored 24 hours a day, 7 days a week, 365 days a year by public safety and traffic officials, combined with automatic notifications which would alert public safety personnel if there was an incidence that needed to be addressed. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 56.3% 10.3% 28.3% 5.0% More likely to support 56.3% More likely to oppose 10.3% Makes no difference 28.3% Unsure/Prefer not to answer 5.0% 7.6% 33.3% 56.1% 3.0% Among those who initially opposed More likely to support 7.6% More likely to oppose 33.3% Makes no difference 56.1% Unsure/Prefer not to answer 3.0% 46.2% 5.1% 28.2% 20.5% Among those who were initially unsure More likely to support 46.2% More likely to oppose 5.1% Makes no difference 28.2% Unsure/Prefer not to answer 20.5% 514 51 Support by gender, age, and ethnicity Question 17: The Public Safety Camera System can easily be monitored 24 hours a day, 7 days a week, 365 days a year by public safety and traffic officials, combined with automatic notifications which would alert public safety personnel if there was an incidence that needed to be addressed. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 53.8% 58.6% 50.0% 63.0% 56.3% 48.5% 61.7% 59.1% 62.3% 66.7% 50.0% 29.4% 27.4% 35.7% 14.8% 33.3% 35.3% 22.6% 28.8% 24.6% 33.3% 37.5% 6.3% 3.8% 4.8% 7.4% 4.2% 4.4% 5.2% 3.0% 4.4% 10.5% 10.2% 9.5% 14.8% 6.3% 11.8% 10.4% 9.1% 8.7% 12.5% Male Female 18-29 30-39 40-54 55-64 65+ Latino/Hispanic White/Caucasian Black/African American Asian More likely to support Makes no difference Unsure/Prefer not to answer More likely to oppose More likely to support More likely to oppose 515 52 Support by survey mode and language Question 17: The Public Safety Camera System can easily be monitored 24 hours a day, 7 days a week, 365 days a year by public safety and traffic officials, combined with automatic notifications which would alert public safety personnel if there was an incidence that needed to be addressed. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 56.7% 61.5% 55.6% 56.0% 55.8% 66.7% 24.7% 19.2% 25.8% 32.0% 28.1% 33.3% 4.7% 3.8% 4.8% 5.3% 5.3% 14.0% 15.4% 13.7% 6.7% 10.9% Phone [NET] Landline Mobile Online English Spanish More likely to support Makes no difference Unsure/Prefer not to answer More likely to oppose More likely to support More likely to oppose 516 53 44.7% say this makes them more likely to support 53.8% of those who were initially unsure say this makes them more likely to support Question 18: The Public Safety Camera System is not made for, nor can it be used to ticket speeding cars or cars that run red lights. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 44.7% 13.3% 37.7% 4.3% More likely to support 44.7% More likely to oppose 13.3% Makes no difference 37.7% Unsure/Prefer not to answer 4.3% 22.7% 24.2% 51.5% 1.5% Among those who initially opposed More likely to support 22.7% More likely to oppose 24.2% Makes no difference 51.5% Unsure/Prefer not to answer 1.5% 53.8% 7.7% 30.8% 7.7% Among those who were initially unsure More likely to support 53.8% More likely to oppose 7.7% Makes no difference 30.8% Unsure/Prefer not to answer 7.7% 517 54 Support by gender, age, and ethnicity Question 18: The Public Safety Camera System is not made for, nor can it be used to ticket speeding cars or cars that run red lights. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 50.3% 39.5% 57.1% 48.1% 52.1% 41.2% 38.3% 54.5% 43.2% 66.7% 50.0% 30.1% 44.6% 28.6% 40.7% 35.4% 45.6% 36.5% 31.8% 38.3% 33.3% 37.5% 4.2% 4.5% 2.4% 4.2% 2.9% 7.0% 4.5% 4.9% 15.4% 11.5% 11.9% 11.1% 8.3% 10.3% 18.3% 9.1% 13.7% 12.5% Male Female 18-29 30-39 40-54 55-64 65+ Latino/Hispanic White/Caucasian Black/African American Asian More likely to support Makes no difference Unsure/Prefer not to answer More likely to oppose More likely to support More likely to oppose 518 55 Support by survey mode and language Question 18: The Public Safety Camera System is not made for, nor can it be used to ticket speeding cars or cars that run red lights. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 50.0% 50.0% 50.0% 39.3% 43.2% 73.3% 31.3% 30.8% 31.5% 44.0% 38.6% 20.0% 4.0% 3.8% 4.0% 4.7% 4.2% 6.7% 14.7% 15.4% 14.5% 12.0% 14.0% Phone [NET] Landline Mobile Online English Spanish More likely to support Makes no difference Unsure/Prefer not to answer More likely to oppose More likely to support More likely to oppose 519 56 59% say this makes them more likely to support 59% of those who were initially unsure say this makes them more likely to support Question 19: The Public Safety Camera System will not replace current policing techniques, such as police patrols, nor will it reduce the current service level of police patrols or police services. It is instead meant to be an additional resource to the police and other public safety officials. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 59.0% 10.0% 27.3% 3.7% More likely to support 59.0% More likely to oppose 10.0% Makes no difference 27.3% Unsure/Prefer not to answer 3.7% 7.6% 36.4% 53.0% 3.0% Among those who initially opposed More likely to support 7.6% More likely to oppose 36.4% Makes no difference 53.0% Unsure/Prefer not to answer 3.0% 59.0%25.6% 15.4% Among those who were initially unsure More likely to support 59.0% More likely to oppose 0.0% Makes no difference 25.6% Unsure/Prefer not to answer 15.4% 520 57 Support by gender, age, and ethnicity Question 19: The Public Safety Camera System will not replace current policing techniques, such as police patrols, nor will it reduce the current service level of police patrols or police services. It is instead meant to be an additional resource to the police and other public safety officials. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 55.2% 62.4% 59.5% 66.7% 60.4% 50.0% 61.7% 63.6% 64.5% 66.7% 50.0% 26.6% 28.0% 35.7% 18.5% 27.1% 32.4% 23.5% 25.8% 25.1% 37.5% 6.3% 1.3% 3.7% 4.2% 2.9% 5.2% 3.0% 3.3% 11.9% 8.3% 4.8% 11.1% 8.3% 14.7% 9.6% 7.6% 7.1% 33.3% 12.5% Male Female 18-29 30-39 40-54 55-64 65+ Latino/Hispanic White/Caucasian Black/African American Asian More likely to support Makes no difference Unsure/Prefer not to answer More likely to oppose More likely to support More likely to oppose 521 58 Support by survey mode and language Question 19: The Public Safety Camera System will not replace current policing techniques, such as police patrols, nor will it reduce the current service level of police patrols or police services. It is instead meant to be an additional resource to the police and other public safety officials. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 60.7% 61.5% 60.5% 57.3% 58.6% 66.7% 24.0% 23.1% 24.2% 30.7% 27.0% 33.3% 2.7% 3.2% 4.7% 3.9% 12.7% 15.4% 12.1% 7.3% 10.5% Phone [NET] Landline Mobile Online English Spanish More likely to support Makes no difference Unsure/Prefer not to answer More likely to oppose More likely to support More likely to oppose 522 59 27% say this makes them more likely to support 15.4% of those who were initially unsure say this makes them more likely to support Question 20: The Public Safety Camera System will only record images and not sound. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 27.0% 14.0%51.7% 7.3% More likely to support 27.0% More likely to oppose 14.0% Makes no difference 51.7% Unsure/Prefer not to answer 7.3% 6.1% 31.8% 59.1% 3.0% Among those who initially opposed More likely to support 6.1% More likely to oppose 31.8% Makes no difference 59.1% Unsure/Prefer not to answer 3.0% 15.4% 20.5% 56.4% 7.7% Among those who were initially unsure More likely to support 15.4% More likely to oppose 20.5% Makes no difference 56.4% Unsure/Prefer not to answer 7.7% 523 60 Support by gender, age, and ethnicity Question 20: The Public Safety Camera System will only record images and not sound. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 31.5% 22.9% 33.3% 44.4% 27.1% 14.7% 27.8% 39.4% 24.6% 66.7% 37.5% 49.0% 54.1% 47.6% 25.9% 47.9% 66.2% 52.2% 39.4% 55.2% 33.3% 62.5% 7.0% 7.6% 4.8% 7.4% 8.3% 5.9% 8.7% 9.1% 6.6% 12.6% 15.3% 14.3% 22.2% 16.7% 13.2% 11.3% 12.1% 13.7% Male Female 18-29 30-39 40-54 55-64 65+ Latino/Hispanic White/Caucasian Black/African American Asian More likely to support Makes no difference Unsure/Prefer not to answer More likely to oppose More likely to support More likely to oppose 524 61 Support by survey mode and language Question 20: The Public Safety Camera System will only record images and not sound. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 34.7% 38.5% 33.9% 19.3% 26.0% 46.7% 42.7% 50.0% 41.1% 60.7% 51.9% 46.7% 4.7% 3.8% 4.8% 10.0% 7.4% 6.7% 18.0% 7.7% 20.2% 10.0% 14.7% Phone [NET] Landline Mobile Online English Spanish More likely to support Makes no difference Unsure/Prefer not to answer More likely to oppose More likely to support More likely to oppose 525 62 53.3% say this makes them more likely to support 41% of those who were initially unsure say this makes them more likely to support Question 21: The Public Safety Camera System will only monitor public areas and activities where no reasonable expectation of privacy exists, and masking technology will be used to mask residential property that is caught on camera. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 53.3% 8.3% 33.3% 5.0% More likely to support 53.3% More likely to oppose 8.3% Makes no difference 33.3% Unsure/Prefer not to answer 5.0% 18.2% 25.8%54.5% 1.5% Among those who initially opposed More likely to support 18.2% More likely to oppose 25.8% Makes no difference 54.5% Unsure/Prefer not to answer 1.5% 41.0% 5.1%28.2% 25.6% Among those who were initially unsure More likely to support 41.0% More likely to oppose 5.1% Makes no difference 28.2% Unsure/Prefer not to answer 25.6% 526 63 Support by gender, age, and ethnicity Question 21: The Public Safety Camera System will only monitor public areas and activities where no reasonable expectation of privacy exists, and masking technology will be used to mask residential property that is caught on camera. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 50.3% 56.1% 61.9% 55.6% 58.3% 41.2% 54.8% 54.5% 59.0% 66.7% 50.0% 37.8% 29.3% 26.2% 25.9% 25.0% 47.1% 33.0% 24.2% 31.7% 33.3% 37.5% 4.2% 5.7% 3.7% 10.4% 4.4% 5.2% 7.6% 4.4% 12.5% 7.7% 8.9% 11.9% 14.8% 6.3% 7.4% 7.0% 13.6% 4.9% Male Female 18-29 30-39 40-54 55-64 65+ Latino/Hispanic White/Caucasian Black/African American Asian More likely to support Makes no difference Unsure/Prefer not to answer More likely to oppose More likely to support More likely to oppose 527 64 Support by survey mode and ethnicity Question 21: The Public Safety Camera System will only monitor public areas and activities where no reasonable expectation of privacy exists, and masking technology will be used to mask residential property that is caught on camera. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 53.3% 38.5% 56.5% 53.3% 53.0% 60.0% 28.0% 46.2% 24.2% 38.7% 34.0% 20.0% 5.3% 7.7% 4.8% 4.7% 4.6% 13.3% 13.3% 7.7% 14.5% 3.3% 8.4% 6.7% Phone [NET] Landline Mobile Online English Spanish More likely to support Makes no difference Unsure/Prefer not to answer More likely to oppose More likely to support More likely to oppose 528 65 53.7% say this makes them more likely to support 43.6% of those who were initially unsure say this makes them more likely to support Question 22: The Public Safety Camera System's operators cannot target or observe individuals based solely on their race, gender, ethnicity, sexual orientation, disability, or some other classification protected by law. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 53.7% 6.3% 37.7% 2.3% More likely to support 53.7% More likely to oppose 6.3% Makes no difference 37.7% Unsure/Prefer not to answer 2.3% 12.1% 18.2% 66.7% 3.0% Among those who initially opposed More likely to support 12.1% More likely to oppose 18.2% Makes no difference 66.7% Unsure/Prefer not to answer 3.0% 43.6% 2.6% 43.6% 10.3% Among those who were initially unsure More likely to support 43.6% More likely to oppose 2.6% Makes no difference 43.6% Unsure/Prefer not to answer 10.3% 529 66 Support by gender, age, and ethnicity Question 22: The Public Safety Camera System's operators cannot target or observe individuals based solely on their race, gender, ethnicity, sexual orientation, disability, or some other classification protected by law. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 52.4% 54.8% 59.5% 51.9% 56.3% 45.6% 55.7% 66.7% 56.3% 66.7% 50.0% 36.4% 38.9% 31.0% 37.0% 35.4% 47.1% 35.7% 22.7% 36.1% 33.3% 50.0% 2.8% 1.9% 2.4% 4.2% 2.9% 1.7% 3.0% 1.6% 8.4% 4.5% 7.1% 11.1% 4.2% 4.4% 7.0% 7.6% 6.0% Male Female 18-29 30-39 40-54 55-64 65+ Latino/Hispanic White/Caucasian Black/African American Asian More likely to support Makes no difference Unsure/Prefer not to answer More likely to oppose More likely to support More likely to oppose 530 67 Support by survey mode and language Question 22: The Public Safety Camera System's operators cannot target or observe individuals based solely on their race, gender, ethnicity, sexual orientation, disability, or some other classification protected by law. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 56.0% 53.8% 56.5% 51.3% 53.3% 60.0% 32.0% 42.3% 29.8% 43.3% 37.9% 33.3% 2.0% 2.4% 2.7% 2.1% 6.7% 10.0% 3.8% 11.3% 2.7% 6.7% Phone [NET] Landline Mobile Online English Spanish More likely to support Makes no difference Unsure/Prefer not to answer More likely to oppose More likely to support More likely to oppose 531 68 55% say this makes them more likely to support 46.2% of those who were initially unsure say this makes them more likely to support Question 23: The Public Safety Camera System cannot, under any circumstances, be used to infringe on First Amendment rights. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 55.0% 6.3% 35.0% 3.7% More likely to support 55.0% More likely to oppose 6.3% Makes no difference 35.0% Unsure/Prefer not to answer 3.7% 18.2% 18.2% 60.6% 3.0% Among those who initially opposed More likely to support 18.2% More likely to oppose 18.2% Makes no difference 60.6% Unsure/Prefer not to answer 3.0% 46.2% 2.6% 38.5% 12.8% Among those who were initially unsure More likely to support 46.2% More likely to oppose 2.6% Makes no difference 38.5% Unsure/Prefer not to answer 12.8% 532 69 Support by gender, age, and ethnicity Question 23: The Public Safety Camera System cannot, under any circumstances, be used to infringe on First Amendment rights. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 55.9% 54.1% 66.7% 51.9% 60.4% 41.2% 57.4% 65.2% 57.9% 66.7% 37.5% 35.7% 34.4% 23.8% 25.9% 25.0% 52.9% 34.8% 19.7% 35.0% 33.3% 62.5% 3.5% 3.8% 2.4% 3.7% 8.3% 1.5% 3.5% 4.5% 2.7% 4.9% 7.6% 7.1% 18.5% 6.3% 4.4% 4.3% 10.6% 4.4% Male Female 18-29 30-39 40-54 55-64 65+ Latino/Hispanic White/Caucasian Black/African American Asian More likely to support Makes no difference Unsure/Prefer not to answer More likely to oppose More likely to support More likely to oppose 533 70 Support by survey mode and language Question 23: The Public Safety Camera System cannot, under any circumstances, be used to infringe on First Amendment rights. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 61.3% 50.0% 63.7% 48.7% 54.0% 73.3% 25.3% 42.3% 21.8% 44.7% 35.4% 26.7% 2.7% 3.8% 2.4% 4.7% 3.9% 10.7% 3.8% 12.1% 2.0% 6.7% Phone Landline Mobilephone Online English Spanish More likely to support Makes no difference Unsure/Prefer not to answer More likely to oppose More likely to support More likely to oppose 534 71 45.3% say this makes them more likely to support 28.2% of those who were initially unsure say this makes them more likely to support Question 24: Only City and department -approved video monitoring equipment will be used, and only La Quinta police, fire protection personnel, City staff, and City-approved vendors will be authorized to view video monitoring equipment. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 45.3% 12.7% 37.7% 4.3% More likely to support 45.3% More likely to oppose 12.7% Makes no difference 37.7% Unsure/Prefer not to answer 4.3% 7.6% 30.3% 57.6% 4.5% Among those who initially opposed More likely to support 7.6% More likely to oppose 30.3% Makes no difference 57.6% Unsure/Prefer not to answer 4.5% 28.2% 5.1% 56.4% 10.3% Among those who were initially unsure More likely to support 28.2% More likely to oppose 5.1% Makes no difference 56.4% Unsure/Prefer not to answer 10.3% 535 72 Support by gender, age, and ethnicity Question 24: Only City and department -approved video monitoring equipment will be used, and only La Quinta police, fire protection personnel, City staff, and City-approved vendors will be authorized to view video monitoring equipment. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 42.7% 47.8% 47.6% 44.4% 43.8% 42.6% 47.0% 51.5% 48.1% 66.7% 37.5% 40.6% 35.0% 21.4% 29.6% 39.6% 47.1% 39.1% 28.8% 37.7% 62.5% 3.5% 5.1% 9.5% 3.7% 2.1% 2.9% 4.3% 4.5% 3.8% 13.3% 12.1% 21.4% 22.2% 14.6% 7.4% 9.6% 15.2% 10.4% 33.3% Male Female 18-29 30-39 40-54 55-64 65+ Latino/Hispanic White/Caucasian Black/African American Asian More likely to support Makes no difference Unsure/Prefer not to answer More likely to oppose More likely to support More likely to oppose 536 73 Support by survey mode and language Question 24: Only City and department-approved video monitoring equipment will be used, and only La Quinta police, fire protection personnel, City staff, and City-approved vendors will be authorized to view video monitoring equipment. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 51.3% 61.5% 49.2% 39.3% 45.3% 46.7% 26.7% 30.8% 25.8% 48.7% 37.5% 40.0% 6.0% 3.8% 6.5% 2.7% 4.2% 6.7% 16.0% 3.8% 18.5% 9.3% 13.0% 6.7% Phone [NET] Landline Mobile Online English Spanish More likely to support Makes no difference Unsure/Prefer not to answer More likely to oppose More likely to support More likely to oppose 537 74 51% say this makes them more likely to support 43.6% of those who were initially unsure say this makes them more likely to support Question 25: Signs will be placed in various locations notifying the public that the system will be monitoring driving and pedestrian activities in public spaces, and a map with all locations of cameras will be placed on the City's website. Also, the City will be soliciting feedback from the public on the pilot program's efficacy throughout the pilot program process. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 51.0% 10.3% 35.0% 3.7% More likely to support 51.0% More likely to oppose 10.3% Makes no difference 35.0% Unsure/Prefer not to answer 3.7% 21.2% 21.2%56.1% 1.5% Among those who initially opposed More likely to support 21.2% More likely to oppose 21.2% Makes no difference 56.1% Unsure/Prefer not to answer 1.5% 43.6% 15.4% 30.8% 10.3% Among those who were initially unsure: More likely to support 43.6% More likely to oppose 15.4% Makes no difference 30.8% Unsure/Prefer not to answer 10.3% 538 75 Support by gender, age, and ethnicity Question 25: Signs will be placed in various locations notifying the public that the system will be monitoring driving and pedestrian activities in public spaces, and a map with all locations of cameras will be placed on the City's website. Also, the City will be soliciting feedback from the public on the pilot program's efficacy throughout the pilot program process. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 49.7% 52.2% 59.5% 63.0% 52.1% 41.2% 50.4% 51.5% 56.8% 66.7% 50.0% 33.6% 36.3% 31.0% 18.5% 33.3% 48.5% 33.0% 30.3% 32.8% 33.3% 50.0% 4.9% 2.5% 4.2% 1.5% 7.0% 3.0% 3.8% 11.9% 8.9% 9.5% 18.5% 10.4% 8.8% 9.6% 15.2% 6.6% Male Female 18-29 30-39 40-54 55-64 65+ Latino/Hispanic White/Caucasian Black/African American Asian More likely to support Makes no difference Unsure/Prefer not to answer More likely to oppose More likely to support More likely to oppose 539 76 Support by survey mode and language Question 25: Signs will be placed in various locations notifying the public that the system will be monitoring driving and pedestrian activities in public spaces, and a map with all locations of cameras will be placed on the City's website. Also, the City will be soliciting feedback from the public on the pilot program's efficacy throughout the pilot program process. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 54.7% 50.0% 55.6% 47.3% 50.9% 53.3% 29.3% 30.8% 29.0% 40.7% 35.1% 33.3% 2.0% 3.8% 1.6% 5.3% 3.5% 6.7% 14.0% 15.4% 13.7% 6.7% 10.5% 6.7% Phone [NET] Landline Mobile Online English Spanish More likely to support Makes no difference Unsure/Prefer not to answer More likely to oppose More likely to support More likely to oppose 540 77 Transparency about the Public Safety Camera System 541 78 60.7% think the City has been transparent about The Public Safety Camera System pilot program Starting in 2016 the City has discussed a Public Safety Camera System including at City Council meetings, articles in local publications, by conducting four community meetings, community focus groups and a community survey, commission meetings, posts on the City website, Facebook, Nextdoor, and Twitter. There is also viewing of the camera footage on Tuesdays at 9 a.m. and Thursdays at 4 p.m. in the City Hall lobby throughout the pilot project. There is more information on the pilot program for the Public Safety Camera System, like a Frequently Asked Questions document and a draft of policies, on the City’s website for the public to access. Question 26: Do you think the City has been transparent about the Public Safety Camera System pilot program? 60.7% 18.0%21.3% Yes No Unsure/Prefer not to answer 542 79 Responses by gender, age, and ethnicity Question 26: Do you think the City has been transparent about the Public Safety Camera System pilot program? 58.0% 63.1% 59.5% 77.8% 60.4% 60.3% 57.4% 56.1% 68.9% 66.7% 37.5% 22.4% 20.4% 19.0% 7.4% 20.8% 20.6% 26.1% 24.2% 18.0% 37.5% 19.6% 16.6% 21.4% 14.8% 18.8% 19.1% 16.5% 19.7% 13.1% 33.3% 25.0% Male Female 18-29 30-39 40-54 55-64 65+ Latino/Hispanic White/Caucasian Black/African American Asian Yes Unsure/Prefer not to answer No Yes No 543 80 Responses by survey mode and language Question 26: Do you think the City has been transparent about the Public Safety Camera System pilot program? 61.3% 50.0% 63.7% 60.0% 60.7% 60.0% 17.3% 30.8% 14.5% 25.3% 21.1% 26.7% 21.3% 19.2% 21.8% 14.7% 18.2% 13.3% Phone [NET] Landline Mobile Online English Spanish Yes Unsure/Prefer not to answer No Yes No 544 81 Agree/Disagree Statements 545 82 60.7% agree with Williams, who thinks the camera Is an innovative technology to help police and improve traffic conditions Question 27: Here are two statements made by La Quinta residents. Please indicate which statement you agree with more. ROGERS: "Implementing this camera system in La Quinta is just another form of Big Brother in action. The camera system seems too invasive and won't help keep us safe, just hire more police officers instead.“ WILLIAMS: "This camera system isn't Big Brother in action and will be only be monitored by public safety and other City officials to help keep us safe. This camera system is an innovative use of technology that will help, not replace police, and help improve traffic conditions." 26.7% 60.7% 12.7% Agree with Rogers Agree with Williams Unsure/Prefer not to answer 546 83 Responses by gender, age, and ethnicity Question 27: Here are two statements made by La Quinta residents. Please indicate which statement you agree with more. ROGERS: "Implementing this camera system in La Quinta is just another form of Big Brother in action. The camera system seems too invasive and won't help keep us safe, just hire more police officers instead.“ WILLIAMS: "This camera system isn't Big Brother in action and will be only be monitored by public safety and other City officials to help keep us safe. This camera system is an innovative use of technology that will help, not replace police, and help improve traffic conditions." 28.7% 24.8% 26.2% 25.9% 29.2% 33.8% 21.7% 28.8% 18.6% 33.3% 37.5% 11.2% 14.0% 16.7% 14.8% 12.5% 7.4% 13.9% 15.2% 10.4% 33.3% 37.5% 60.1% 61.1% 57.1% 59.3% 58.3% 58.8% 64.3% 56.1% 71.0% 33.3% 25.0% Male Female 18-29 30-39 40-54 55-64 65+ Latino/Hispanic White/Caucasian Black/African American Asian Agree with Rogers Unsure/Prefer not to answer Agree with Williams Agree with Rogers Agree with Williams 547 84 Responses by survey mode and language Question 27: Here are two statements made by La Quinta residents. Please indicate which statement you agree with more. ROGERS: "Implementing this camera system in La Quinta is just another form of Big Brother in action. The camera system seems too invasive and won't help keep us safe, just hire more police officers instead.“ WILLIAMS: "This camera system isn't Big Brother in action and will be only be monitored by public safety and other City officials to help keep us safe. This camera system is an innovative use of technology that will help, not replace police, and help improve traffic conditions." 30.0% 26.9% 30.6% 23.3% 27.7% 6.7% 12.0% 15.4% 11.3% 13.3% 11.9% 26.7% 58.0% 57.7% 58.1% 63.3% 60.4% 66.7% Phone [NET] Landline Mobile Online English Spanish Agree with Rogers Unsure/Prefer not to answer Agree with Williams Agree with Rogers Agree with Williams 548 85 Informed Support/Oppose 549 86 64.7% say they support the Public Safety Camera System Pilot program in La Quinta Question 28: Knowing what you know now, do you support or oppose the Public Safety Camera System pilot program in La Quinta? 65.0% 22.0% 13.0% 64.7% 23.7% 11.7% Support Oppose Unsure/Prefer not to answer Initial Initial InitialInformedInformed Informed 550 87 Among those who support, 60.8% strongly support The Public Safety Camera System pilot program in La Quinta Question 28: Knowing what you know now, do you support or oppose the Public Safety Camera System pilot program in La Quinta? 64.7% 23.7% 11.7% Total Strongly 60.8% Somewhat 39.2% Among those who support Strongly 63.4% Somewhat 36.6% Among those who oppose 551 88 Support by gender, age, and ethnicity Question 28: Knowing what you know now, do you support or oppose the Public Safety Camera System pilot program in La Quinta? 62.2% 66.9% 66.7% 59.3% 60.4% 61.8% 68.7% 59.1% 73.2% 66.7% 50.0% 11.2% 12.1% 7.1% 11.1% 18.8% 8.8% 12.2% 15.2% 10.4% 12.5% 26.6% 21.0% 26.2% 29.6% 20.8% 29.4% 19.1% 25.8% 16.4% 33.3% 37.5% Male Female 18-29 30-39 40-54 55-64 65+ Latino/Hispanic White/Caucasian Black/African American Asian Support Unsure/Prefer not to answer Oppose Support Oppose 552 89 Support by survey mode and language Question 28: Knowing what you know now, do you support or oppose the Public Safety Camera System pilot program in La Quinta? 66.7% 76.9% 64.5% 62.7% 64.9% 60.0% 7.3% 3.8% 8.1% 16.0% 10.9% 26.7% 26.0% 19.2% 27.4% 21.3% 24.2% 13.3% Phone [NET] Landline Mobile Online English Spanish Support Unsure/Prefer not to answer Oppose Support Oppose 553 90 Among the 64.7% who support, increase in safety Is noted as the main reason why to support the Public Safety Camera System in La Quinta Question 29: Why do you support the Public Safety Camera System in La Quinta? [ASKED AMONG THOSE WHO ANSWERED “SUPPORT” TO Q28] 43.8% 11.9% 8.2% 7.7% 6.2% 6.2% 4.6% 8.8% 0.5% 2.1% Increases safety/Improve safety Will help the police in their efforts Keep people accountable/Capture crimes Support Crime preventions/Deter crimes Cost and effective Traffic control Other Nothing/None Don't know/Unsure 554 91 Among the 23.7% who oppose, invasion of privacy Is noted as the main reason why to oppose the Public Safety Camera System in La Quinta Question 30: Why do you oppose the Public Safety Camera System in La Quinta? [ASKED AMONG THOSE WHO SAID “OPPOSE” TO Q28] 40.8% 16.9% 12.7% 7.0% 5.6% 14.1% 1.4% 1.4% Privacy invasion/Invasiveness Cost concerns Not necessary/Won't help the issues Need more officers Abuse/Misuse/Hacking Other Don't know/Unsure Refused/No opinion 555 92 Hacking of the System and Privacy Invasion are Cited as the top concerns about the Camera System Question 31: Regardless of whether you support or oppose the Public Safety Camera System pilot program, what concerns, if any, do you have about the system? 15.0% 14.0% 12.7% 4.3% 2.7% 2.7% 2.3% 2.0% 1.3% 1.3% 9.0% 28.3% 3.3% 1.0% Abuse/Misuse/Hacking Privacy invasion Cost Reliability/Efficiency Will replace officers Let's implement it Doesn't cite traffic violations Locations Not enough information Collect sound/Clear imaging Other Nothing/None Don't know/Unsure Refused/No opinion 556 93 48% say they support adding other features Like facial and license plate recognition to the Public Safety Camera System in La Quinta Question 32: The City could add additional features to the Public Safety Camera System, like adding facial recognition and license plate reading technologies. Before additional features could be implemented, the City would require public notices to be posted, public meetings to be held and a vote of the City Council would be required. Knowing this, would you support or oppose adding other features, like facial recognition and license plate reading technologies, to the Public Safety Camera System in La Quinta? Support 48.0% Oppose 33.0% Unsure/Prefer not to answer 19.0% 557 94 Among those who support, 64.6% strongly support Adding other features to the Public Safety Camera System in La Quinta Question 32: The City could add additional features to the Public Safety Camera System, like adding facial recognition and license plate reading technologies. Before additional features could be implemented, the City would require public notices to be posted, public meetings to be held and a vote of the City Council would be required. Knowing this, would you support or oppose adding other features, like facial recognition and license plate reading technologies, to the Public Safety Camera System in La Quinta? 48.0% 33.0% 19.0% Total Strongly 64.6% Somewhat 35.4% Among those who support Strongly 77.8% Somewhat 22.2% Among those who oppose 558 95 Support by gender, age, and ethnicity Question 32: The City could add additional features to the Public Safety Camera System, like adding facial recognition and license plate reading technologies. Before additional features could be implemented, the City would require public notices to be posted, public meetings to be held and a vote of the City Council would be required. Knowing this, would you support or oppose adding other features, like facial recognition and license plate reading technologies, to the Public Safety Camera System in La Quinta? 48.3% 47.8% 42.9% 40.7% 54.2% 44.1% 51.3% 47.0% 54.1% 66.7% 37.5% 16.8% 21.0% 4.8% 14.8% 25.0% 20.6% 21.7% 15.2% 20.8% 0.0% 25.0% 35.0% 31.2% 52.4% 44.4% 20.8% 35.3% 27.0% 37.9% 25.1% 33.3% 37.5% Male Female 18-29 30-39 40-54 55-64 65+ Latino/Hispanic White/Caucasian Black/African American Asian Support Unsure/Prefer not to answer Oppose Support Oppose 559 96 Support by survey mode and language Question 32: The City could add additional features to the Public Safety Camera System, like adding facial recognition and license plate reading technologies. Before additional features could be implemented, the City would require public notices to be posted, public meetings to be held and a vote of the City Council would be required. Knowing this, would you support or oppose adding other features, like facial recognition and license plate reading technologies, to the Public Safety Camera System in La Quinta? 53.3% 50.0% 54.0% 42.7% 47.7% 53.3% 14.0% 23.1% 12.1% 24.0% 18.2% 33.3% 32.7% 26.9% 33.9% 33.3% 34.0% 13.3% Phone [NET] Landline Mobile Online English Spanish Support Unsure/Prefer not to answer Oppose Support Oppose 560 97 To catch traffic violations is cited as an additional Feature residents would like to see included in the system Question 33: Regardless of whether you support or oppose the Public Safety Camera System pilot program, are there any additional features, if any, besides the ones already discussed that you'd like to see included in the system? 5.0% 4.7% 3.7% 3.7% 1.7% 7.0% 65.3% 5.3% 3.7% Catch traffic violators Against program/Do not want Oversight/Accountability/Public access Best technology/Sound/Night vision Hire more police/Police cams Other Nothing/None Don't know/Unsure Refused/No opinion 561 Demographics 562 99 61.0% 22.0% 8.0% 1.0% White/Caucasian Latino/Hispanic Asian Black/African American 14.0% 9.0% 16.0% 22.7% 38.3% 18-29 30-39 40-54 55-64 65+ 47.7% 52.3% Male Female EthnicityAgeGender 50.0% 50.0% Phone [NET] Online Survey Mode 17.3% 82.7% Landline Mobile Among Phone Respondents 95.0% 5.0% English Spanish Language 563 Opinion Research on Elections and Public Policy Probolsky Research 3990 Westerly Place Suite 185 Newport Beach CA 92660 Newport Beach (949) 855-6400 San Francisco (415) 870-8150 Washington DC (202) 559-0270 Questions? Gabby Benitez, Research Analyst O: 949-855-6400 E: gabby@probolskyresearch.com Adam Probolsky, President O: 949-855-6400 | M: 949-697-6726 E: adamp@probolskyresearch.com 564 City of La Quinta Online Focus Group – Report on Results – June 12, 2019 Opinion Research on Elections and Public Policy Newport Beach (949) 855-6400 San Francisco (415) 870-8150 Washington DC (202) 559-270 Probolsky Research 3990 Westerly Place Suite 185 Newport Beach CA 92660 565 Table of Contents Qualitative Report .......................................................................................................... 1 Introduction & Method ............................................................................................................ 1 Emerging Themes and Recommendations .......................................................................... 1 Summary of the Results ......................................................................................................... 4 Appendix A: Discussion Guide .................................................................................... 24 APPENDIX 1 ........................................................................................................................... 27 APPENDIX 2 ........................................................................................................................... 29 Appendix B: Transcript ................................................................................................ 34 566 Probolsky Research – City of La Quinta Focus Group Report – April 2019 1 Qualitative Report Introduction & Method Probolsky Research conducted an online focus group discussion among La Quinta residents. The group was moderated by Adam Probolsky – visible to participants only as “Moderator” – and focused on residents’ attitudes in the City of La Quinta about the Public Safety Camera System pilot program and the possible subsequent implementation of the Camera System throughout the City. Online Focus Group: La Quinta residents Date: April 23, 2019 – March 5, 2019 Location: Online platform This memorandum highlights key commentary from the discussions, with our goal of delivering actionable information. You will also likely find reviewing the transcript to be helpful towards developing a rich, unique understanding of the vernacular and tone of participants. It is important to note that while the results of the online focus group are not statistically significant, they do help us uncover common language, themes, and messages to test further. We have provided both the discussion guide and transcript for the focus group session as an appendix. This discussion took place online, and participants were able to type their responses to questions asked in the initial discussion guide and subsequently by the moderator. Emerging Themes and Recommendations Residents are mostly happy with the direction of the City of La Quinta. Despite some concerns about traffic planning during seasonal events such as the annual Ironman event, most residents feel that La Quinta is moving in the right direction, keeping the City clean and looking to continue improving. Residents believe that La Quinta is a safe place to live compared to other cities in the Coachella Valley. Several in the group brought up that they have had their cars broken into several times and as a result they are concerned about parking their vehicles on the street or even on their driveway. Residents do not understand the cause of 567 Probolsky Research – City of La Quinta Focus Group Report – April 2019 2 constant vehicle break-ins even when they feel there is good police presence in the City. Although most participants feel safe in La Quinta, the group believe that the City could do a better job in traffic planning during seasonal events in the Coachella Valley during Coachella and Stagecoach Festivals. More specifically, the group commented that the City could implement regulations ahead of time and before these festivals take place in order to help reduce traffic and accommodate residents’ needs throughout the course of these events. While most participants believe that a camera system throughout the City brings public value in providing a greater sense of security to residents, the majority of respondents don’t believe that video surveillance cameras in public areas do anything to deter crime but only assist the police after a crime has already happened. Several participants in the group mentioned that video door bells could be a more effective crime deterrent especially for vehicle break-ins, which is the most common concern among participants, and could also help residents monitor their homes. There is some dissatisfaction with the services that the Riverside County Sheriff’s Department offers to the City of La Quinta. Residents either have not had any personal interaction with the Sheriff’s Department or have not often seen them patrolling the City. There are concerns about certain areas not being patrolled very often such as the park near La Quinta High School. Similarly, another concern commonly mentioned by the group was excessive speeding and the lack of action by the police in addressing this issue. Residents complain about constant loud motorcycles specifically on locations around Eisenhower, and Washington Street. Due to high noise rates generated by motorcycles and other vehicles and excessive speeding in the City, residents brought up the need for a noise meter. However, they also think that the “traffic management” goal of the Camera System involves some sort of “automatic traffic ticketing” made by the System. Some residents believe that the Cameras will automatically generate tickets to any speeding car captured on camera. They also confuse surveillance cameras with red light cameras that generate tickets to drivers that run red lights, which is not something currently contemplated by the City. Residents have a positive opinion about the services Cal Fire provides to the City. There were no concerns about the Cal Fire Department but an overall satisfaction among participants to their responsiveness in emergency situations. While the City initiated efforts to provide better public safety through the Camera System pilot program and launched a live testing – currently in effect and utilizing the 568 Probolsky Research – City of La Quinta Focus Group Report – April 2019 3 festival season in the Coachella Valley to assess its effectiveness due the influx of people during that time – the majority of participants have not heard anything about the pilot program or have not received enough information about it. Residents mostly support the pilot program before and after being provided information about how the City expects to provide more security and traffic management by utilizing footage from cameras situated throughout the City to deploy resources to scenes of accidents, crimes and natural disasters. The main reason of support among participants is to lower crime rates, to monitor more isolated places and other difficult areas to patrol such as hiking trails, and to assist the police in better responding to crimes. There were, however, questions about the way the cameras would be monitored as residents believed the citywide Camera System would only be successful if the cameras are monitored 24/7. This concern was brought up by participants several times and questioned who would be in charge of this monitoring as well as the costs of such application. The need to provide data on the program’s implementation, execution, and effectiveness seemed to be a topic of interest to participants. The majority of residents supported the program’s implementation after being provided a FAQ document with information about the cost of the program, current live testing and camera location, accessibility to residents to watch the live feed, racial profiling protection, and privacy information. Participants do have more questions about the programs’ implementation as well as the System’s execution after the live test. There are inquiries about whether the cameras will be monitored 24/7 and how the program’s effectiveness will be determined. Racial profiling was also brought up as an issue after the FAQ section was provided. It is believed among a few participants that the police tend to target people of color and old worn-out cars. There is hope that the Public Safety Camera System will put an end to racial profiling in the City. In general, residents do not believe the Public Safety Camera System will have a positive impact on improving traffic in the City. Some participants mentioned that the System does nothing to prevent speeding vehicles. Residents expressed concerned about the cost to taxpayers for the implementation and continuing execution of the System. Residents appreciate the accessibility to data they can obtain once the program is in effect to get information about its effectiveness and to provide further feedback. While residents believe that the pilot program could have placed cameras in other areas with more traffic and where more illegal activity is known to happen, the majority 569 Probolsky Research – City of La Quinta Focus Group Report – April 2019 4 of respondents like the features of the System itself and value the level of privacy that the City if giving to private property. “Responding to incidents” is the area that residents believe should be the main priority for the Public Safety Camera System. The second major area of priority for the System, considered among respondents, was “to deter crime and identify criminal activity.” The third area of priority voted on by residents is “to target identified areas of gang and narcotics complaints or activity.” The group generally agrees that the Public Safety Camera System is a good and innovative technology that can help the City improve public safety and continue moving in the right direction. The group agrees that the System is not too invasive if it helps solve crimes and should be a good measure to implement as long as the police continue patrolling the City. There was no consensus on the type of potential added features that residents would like to see in the System. Facial recognition and license plate detection are considered an extreme invasion of privacy by some residents, while crime analysis and gunshot detection features received some support. Summary of the Results Quotations from focus group participants appear below as indented text. Three periods within quotations signify omitted text, usually repeated or filler words, such as “um,” “you know” and similar phrases. Three periods sometimes signal the omission of words irrelevant to the message, but under no circumstances are words omitted in a manner that might change the participant’s meaning. In a few instances, words within a quotation appear in brackets. These words are added for clarity and to facilitate interpretation of the participant’s meaning. Is the City of La Quinta moving in the right direction? Most residents say that the City of La Quinta is moving in the right direction, especially in maintaining the City clean. Residents however, complain about traffic planning during annual events. •“I do not think the city is moving in the right direction. City leaders are focused on bringing in more and more revenue and not paying any attention to the needs of the residents who live here full time. Idf they were more judicious in the 570 Probolsky Research – City of La Quinta Focus Group Report – April 2019 5 spending of our tax dollars then they would not need more money, more tax.” – LindaGu (55-64, Female) • “A bit neutral on this maybe leaning a bit toward the right direction. Would like to see more progressive approaches to tourism, snow birds and transportation.” – PaulMc (55-64, Male) • “Since moving here I am so impressed with the cleanliness and community of La Quinta. It gives a small-town vibe but looking toward the future.” – DeniseSC (25-34, Female, Latino) • “Some things are moving in the right direction. I am happy with how clean they keep the city. The events are somewhat annoying like the Ironman event that was not organized very well. Being a long-time resident, I would expect the city to streamline the setup of any event to accommodate the residents as well as the visitors properly.” – DeanMo (35-44, Male) • “I think that overall, La Quinta is doing a great job. I was disappointed that because of the failure of traffic planning for Iron Man, that the city council decided to cancel desert x in the cove. That was a bummer.” – NicholeBo (35- 44, Female, Latino) Is La Quinta a safe place to live? Why? When asked if the City of La Quinta is a safe place to live, the majority of residents agreed that La Quinta has a safe environment especially when compared to other cities in the Valley. However, residents also complained about constant vehicle break-ins even when it seems there is good police presence. Some residents also complained about bike lanes not been safe enough and properly maintained. • “It is no longer a safe city because the leaders focused on bringing in more RDA money which required our building/providing some of those funds for low income housing, which, unfortunately brings with it more crime. We did not have enough low-income residents in our City to fill up the low-income housing we were building so we had to import low income residents/families to our town. Unfortunatley low income housing does not generate any taxes to support the problems it inherently brings with it.” – LindaGu (55-64, Female) • “I think it is safer than parts of Indio or Coachella, but I think there could always be improvements with safety.” – AmandaSi (35-44, Female) 571 Probolsky Research – City of La Quinta Focus Group Report – April 2019 6 • “I feel very safe here as a permanent resident. As a cyclist, I am a bit nervous about riding my bike among what I would term "poor" drivers. There have been too many cyclists killed by cars in the CV.” – PaulMc (55-64, Male) • “Roads, especially with bike lanes, need to be swept more often. All the trash ends up in bike lanes. On recent rides I have noted screws, nails, gravel, small rocks, broken pieces of tarmac, large pieces of plastic, metal car parts, used flossers, diapers, bottles, cans, and endless more items that people toss out their windows or that bounce out of pick-up trucks. It all gets pushed or blown to the bike lanes by traffic. A cyclist hitting these items without warning can have a serious accident with injuries.” – CharlesHa (65+, Male) • “La quinta has been a safe place to live the but recently there has been a lot of vehicle break ins. The apartment i live in have had to upgrade cameras for protection of residents safety.” – EstherRo (25-34, Female, Latino) • “I am from the valley but have a year living in la Quinta, and I absolutely love it. I definitely think it's a safe environment. There isn't much crime reports in this area.” – JacquelineZa (18-24, Female, Latino) • “Yes, living in the cove feels private and safe. It’s a small city so not much going on.” – SeverianoJa (55-64, Male, Latino) • “I think the police of La Quinta are wonderful and hard working. But we have a major problem with theft. My car was broken into at the park across from La Quinta high and twice here in the cove. I'm not sure what the solution is as I always see the police force around town. But I don't feel safe leaving my car anywhere here in the valley and I'm from L.A. I never had any problems with theft in the big city. Although I know I was lucky. Here, not so much. Also Worry about my home being broken into.” – NicholeBo (35-44, Female, Latino) • “Yes, there is constant police presence. My only issue is the lack of street lighting.” – StephenRo (55-64, Male) • “For the most part I think La Quinta is safe. Crime rates tend to be higher in other cities in the desert so I tend to think La Quinta is relatively safe. However, more can always be done to make the city even safer.” – SarinaAc (18-24, Female) • “I believe that there should be greater police presence during Coachella and stagecoach in helping traffic flow smoother before the festivals begin and after 572 Probolsky Research – City of La Quinta Focus Group Report – April 2019 7 they end on the freeway. Less focus on ticketing for speeding and focusing more on allowing traffic to clear up faster.” – SarinaAc (18-24, Female) Do video surveillance cameras make us safer? When asked whether they think if video surveillance cameras in signalized intersections, public parks, hiking trails, exterior of city facilities, commercial and retail establishment, and video doorbells and other cameras for home security make us safer; residents generally agreed that video surveillance cameras do provide more safety. • “NO I do not. They are an "after the crime" answer. Criminals with nothing to lose do not care if there is a camera watching them...they usually have been in jail before and do not care.” - LindaGu (55-64, Female) • “I don't think traffic cameras have proven useful in southern CA cities. Public Parks and hiking trails would be too costly to place cameras in. I support cameras on buildings including city facilities. Home video systems are very effective.” – PaulMc (55-64, Male) • “I am all for security cameras. My daughter also lives here and her Ring camera is awesome and they have already caught porch pirate.” – DeniseSc (45-54, Female) • “I do believe cameras and video doorbells make us safer because if someone is about to commit a crime and realize they are being recorded then people tend to think twice and don’t wanna be caught on camera.” – EstherRo (25-34, Female, Latino) • “Absolutely! It keeps us safe as, we can see what is occurring when we aren't there. I believe it keep people under control as they feel someone is watching. Also, it helps us lower down crime as it helps us find those who commit it.” – JacquelineZa (18-24, Female, Latino) • “In certain situations they can. As long as the footage is used in a timely matter and made available to the public if needed.” – DeanMo (35-44, Male) • “I think the proliferation of cameras and the storage of data in the cloud, may make some criminals think twice. However I think there is more value in it aiding in catching criminals rather than prevention.” – Marymi (65+, Female) 573 Probolsky Research – City of La Quinta Focus Group Report – April 2019 8 • “I am not sure they make us safer just yet. I think it is a good way to review and document issues.” – StevenRo (55-64, Male) • “I do think that it helps a bit. It may be a slight sense of false security, but with the use of video door bells people are able to monitor their homes and this could deter people from entering the property.” – AmandaSi (35-44, Female) Is the Riverside County Sheriff’s Department doing a good job? When asked how they feel about the services that the Sheriff’s Department provides to the City, residents mentioned a lack of patrolling in parks as well as a lack of action in catching speeding drivers. • “Well, I do not feel safe in my city. I don't know if that is because we do not have enough coverage or if they are not doing a good job with what they have. My common sense tells me that if we had more boots on the ground coverage that would reduce crime. The City is spending money on golf courses and toilets in the mountains instead of public safety and security.” – LindaGu (55-64, Female) • “I believe they could do a better job, i walk alot with my children a resident of la quinta and see lots of people speeding through the cove which is a residential community and also we are now a cyclist community and when there’s no officers near by and hardly ever seen in the areas it just continues and people drive ignoring the laws.” – EstherRo (25-34, Female, Latino) • “More police on the roads are always better if the Sheriff cant provide them then the city needs to pick up the slack.” – DeanMo (35-44, Male) • “I always see police patrolling the city and they are quick to respond. They take it seriously. Just disappointed that parks are not patrolled more often as clearly they are a target for crime. Like the park across from la Quinta high.” – NicholeBo (35-44, Female, Latino) • “I haven't had any experience with them. I see them occasionally, but they don't seem to be around when they are needed. I am not sure if that is due to understaffing.” – AmandaSi (35-44, Female) • “Generally good. I wish there was more surveillance of Washington Street. Speeding is excessive. I have seen some tickets given, but we need more. It 574 Probolsky Research – City of La Quinta Focus Group Report – April 2019 9 would be great if the motorcycles that insist on high noisy rates of speed could be curbed.” – CharlesHa (65+, Male) Is the Cal Fire Department doing a good job? When asked how they feel about the job that Cal Fire is doing in providing protection services in La Quinta, residents generally showed a positive opinion about the Department and there were no negative comments recorded from residents. • “They seem to be doing a fine job...it is the City that is not enforcing the code and allowing hoarding situations that put others in jeopardy.” – LindaGu (55-64, Female) • “I have no issues with cal fire they have always been very responsive in a emergency!” – EstherRo (25-34, Female, Latino) • “I currently live in a apartment complex and I get frequent notice on the fire sprinkler check and I also get the extinguisher checked. Therefor the Aparment is being compliant with the orders they get from the fire department. In others I believe the are doing great!” – JacquelineZa (18-24, Female, Latino) • “I personally have had no experience with them and have heard nothing negative.” – StephanieKI (65+, Female) • “I think they are doing a good job. I think they are quick to respond.” – SarinaAc (18-24, Female) Pilot Program When asked if they have heard about the pilot program in La Quinta for a Public Safety Camera System, the majority of residents said that they haven’t heard anything about it, have not received much information, or believed that it was only being considered and were not aware of the live testing. • “Only that it is being considered. I did not research the specifics nor get involved in the discussion.” – PaulMc (55-64, Male) • “I have not heard anything regarding these particular cameras.” – DeniseSc (45- 54, Female) 575 Probolsky Research – City of La Quinta Focus Group Report – April 2019 10 • “I do know that there are more camera in the city, but I didn't know it was a program. I just thought it's business providing it.” – JacquelineZa (18-24, Female, Latino) • “I mayHave saw something about the cameras on Nextdoor app for the cove. But I don't know a lot of the details. I have seen a camera in the Walmart parking lot and I was relieved to see a large camera because I don't feel safe in that parking lot. Lots of weird stuff going on, homeless and theft. Please keep that up LQ police!!” – NicholeBo (35-44, Female, Latino) • “Stop light cameras and cameras in public areas. The stop light camera does not apprehend a speeder on Washington Street, just red light violations. We need speed brought down folks not texting at a stop light.” – HarrySc (65+, Male) • “I have not heard about anything related to this project.” – SarinaAc (18-24, Female) • “I know they are considering the system.” – PaulOr (65+, Male) Support or Oppose Camera System Pilot Program Participants generally support the La Quinta Public Safety Camera System pilot program. There were questions about the overall costs of implementation, and certain doubts about successful traffic management through the System. However, the majority of participants believe that the cameras could provide a better sense of security to residents and believe that the program could be a good tool to lower crime rates and assist emergency respondents to better deploy during critical situations. • “OPPOSE! wow Big brother in action! Unless we have somebody monitoring those cameras 24 hrs a day it will not prevent crime but only record it. Spend this money on police protection instead...and programs for teens to keep them off the streets.” – LindaGu (55-64, Female) • “Based only upon this information, I would oppose the pilot and full implementation. I previously lived in OC and many cities tried cameras and did not continue the concept. Cameras are not needed at major intersections. There are numerous cell phones at these intersections at various times. 911 calls are sufficient for reporting things.” – PaulMc (55-64, Male) 576 Probolsky Research – City of La Quinta Focus Group Report – April 2019 11 • “I support all but Red light cameras which I don't necessarily trust. I'd like to think they are a deterrent to crime. I have seen how they have helped in solving crimes such as the woman who dumped the puppies.” – DeniseSc (45-54, Female) • “I support this, as it will help lower crime rate and will make the community a safer place.” – Jacqueline (18-24, Female, Latino) • “Support for sure. the more cameras the better. Safety for our family and residents comes first.” – DeanMo (35-44, Male) • “I support this 100%. I would feel a lot safer on walking the trail in the cove if it was being monitored as women have reported scary encounters with sexual predators. It's sad as I don't like the idea of cameras everywhere but it could help with theft and hit and runs as well.” – NicholeBo (65+, Female) • “I would better want to understand the overall future costs. Does it make more sense to put those dollars into creating our own force? Again, I am not for or against it, just need more information as to what the whole plan is and costs?” – StevenRo (55-64, Male) • “I think that public safety is extremely important. Not so much cameras to watch how quickly someone drives. However, if the cameras are to be used to deploy law enforcement when an incident occurs then I think the idea is great.” – SarinaAc (18-24, Female) • “I support this project if it truly will be successful in aiding with traffic flow and safety.” – VanessaRa (18-24, Female, Latino) Opinion of the System Residents maintained their support for the Camera System after being provided additional information about the System through a FAQ section. Despite their overall support, residents raised questions about racial profiling and inquired about whether the cameras will be monitored 24/7. • “What a joke....how many resident crimes take place at the corner of Wash/Eisenhower or 111/Washington? This is a HUGE WASTE OF MONEY AGAIN PROPOSED BY THIS Council.” – LindaGu (55-64, Female) 577 Probolsky Research – City of La Quinta Focus Group Report – April 2019 12 • “Not a fan. There will be costs to the full implementation. What are these forecast costs? Let's use this money to put more boots on the ground. I am typically a fan of technology but not so much in this case.” – PaulMc (55-64, Male) • “Will someone be watching the cameras 24hrs a day? How is the city going to know if the pilot camera safety system is doing any good?” – PaulMc (55-64, Male) • “I guess the main question that I have is wether if the program is a success, will it be available for other city's? I personally believe there not too much to worry here in la Quinta and other city's could be it from it. Although, I must say I like the idea. It makes me feel safe and look into perhaps buying in this city.” – JacquelineZa (18-24, Female, Latino) • “I do understand the invasion of privacy and racial profiling. My husband has experienced this and I'm not sure what the solution is. However my thoughts are that if the camera catches a crime, then race shouldn't matter. I would think the use of Cameras would eliminate some racial profiling as your really looking at cars but people from a mounted camera as opposed to a live cop driving behind you in a car and thinking your suspicious because you're a person of color and or/ in a run down car ( they are always pulling people over in older beat up cars). As far as privacy goes, it's an intersection and no homes too close. It's a public place and not a residential neighborhood.” – NicholeBo (35-44, Female, Latino) • “I do worry about racial profiling because that is an issue that occurs greatly in the US, however, maybe the cameras will help to prove that the racial profiling that occurred was not correct and could prove someone to be innocent.” – SarinaAc (18-24, Female) • “It doesn't change my mind about the cameras. I still support it. I would like to see La Quinta make the feed available with a link off of the city website so we cn look at it from home. Residency verification can be used to view the camera feeds.” – RichardMo (55-64, Male) When asked if they think the Camera System will be effective in improving public safety and traffic management, residents said that the cameras will only help to catch criminals but that it will not be an effective deterrent tool especially if the cameras are not monitored 24/7. Residents don’t think that the Camera System is the only tool 578 Probolsky Research – City of La Quinta Focus Group Report – April 2019 13 needed in the City to lower crime rates and doubt that the system could effectively help traffic run more smoothly. • “NO! for all the reasons I previously stated and it is proven in other cities that these cameras are a huge waste of money. Prove more police hours.” – LindaGu (55-64, Female) • “Monitoring is not prevention. A camera does not slow a car down but an oncoming police vehicle does. A camera will not be any part of prevention of me getting hit on my bike but once again, a view of a police car might.” – PaulMc (55-64, Male) • “Yes could be effective if someone is monitoring the cameras 24/7.” – EstherRo (25-34, Female, Latino) • “I think it's an effective Piece but it can't be the only solution. Cameras, combined with other researched based effective solutions/ programs that have worked for other cities would be a better approach. I don't know what those other programs and solutions look like, but I'm sure there is data out there. This is a pilot program, meaning that you have to implement it and collect data to measure its effectiveness. If you don't ever pilot a program with cameras, then you'll never know but I think it's the way of the future. I would rather Cameras in select public areas than another police office in every corner. I have cameras recording me down every aisle of the store so what's the difference? And if they prevent crime in stores than why wouldn't it work for the city ?” – NicholeBo (35- 44, Female, Latino) • “I do if the infractions are enforced sand the public is made aware of the incidents and the enforcement method so that perpetrators are warned that here is a consequence to their actions.” – StephanieKI (65+, Female) • “I think it will approve public safety. However I don't think it will improve traffic.” – MaryMi (65+, Female) • “"Traffic management"— what exactly does this entail? Is it citation mechanism for infractions? I'd like to see the results of the pilot program first to learn exactly what the focus is of these cams.” – RondaldMo (55-64, Male) • “I believe it will assist with helping to analyze why we have issues in certain areas. IT can be a part to a solution, but not the end all be all. Due to traffic 579 Probolsky Research – City of La Quinta Focus Group Report – April 2019 14 patterns and events, there are certain areas that need more than just monitoring.” – StevenRo (55-64, Male) When asked to express any concerns they have about the La Quinta Public Camera System, residents said they are concerned about racial profiling and eventual costs to taxpayers. Some residents seemed to confuse the Camera System with red light cameras and believed that one of the purposes of the System is to automatically generate traffic violation tickets to drivers. • “As long as it helps monitor and does Noh take away cops jobs or reduce there time watch I am forward it.” – JacquelineZa (18-24, Female) • “As mentioned, there is the concern of privacy and racial profiling. It's a little daunting to have cameras in more places as well. I used to hate cameras at Lights in LA. I don't approve of the cameras being used to impose parking tickets and minor traffic violations. They should be used for the purpose of general safety. Not to send people tickets in the mail. Because they are east to appeal.” – NicholeBo (35-44, Female, Latino) • “Will the public be able to be involved in anyway or at least informed that racially profiling or things of that sort will be monitored and regulated?” – VanessaRa (18-24, Female, Latino) • “There is a worry that the cameras will accuse the wrong people of wrongdoing due to profiling and that there will be policing of minor offenses like speeding.” – SarinaAc (18-24, Female) • “I would like to know what the eventual cost to the taxpayer will be once the program is implemented.” – StephanieKI (65+, Female) • “My main concern is about the uses the traffic cameras will be for at these locations. Will they be used to monitor and enforce traffic laws by the issuance of citations, or to alert police and fire in the event of accidents or obstructions in the streets?” – RonaldVi (45-54, Male, Latino) • “In Chicago they ticketed wrong cars for red light violations for years until they finally believed the drivers. It needs to be monitored for accuracy.” – HarrySc (65+, Male) Policies and Procedures 580 Probolsky Research – City of La Quinta Focus Group Report – April 2019 15 After reading the La Quinta Public Safety Camera System Draft Policies and Procedures, residents said they are generally satisfied with how the System is expected to be implemented and there were still questions about the monitoring of the cameras. Residents also like the way the program protects residents’ private property. • “After reading this document, I am even more opposed to the full implementation of a project like this. Please show the feedback (both pro and con) from other cities using this technology.” – PaulMC (55-64, Male) • “Will someone be monitoring these cameras 24/7?? Is my only concern.” – EstherRo (25-34, Female, Latino) • “I like the fact that policy states that it will not chance the police procedures. I am sure that s that the mayor concern for most.” – Jacquelineza (18-24, Female, Latino) • “The plan clearly outlines the protection of the privacy of citizens and residents according the laws in place. It is to be monitored yearly for effectiveness and to observe trends in crime. I do question the line about arresting offenders as it seems a bit vague . More clarification should be stated as to what type of offenders.” – NicholeBo (35-44, Female, Latino) • “I think facial recognition is a violation of the everyday citizen's privacy and has been proven to be less reliable for people of color, making a lot of room for error and wrong accusations. I'm glad it's not included in this Techlonogy although I do understand the comment about poor resolution. That could be an issue.” – NicholeBo (35-44, Female, Latino) • “I'm happy to see there is an emphasis on respecting the privacy of residential areas, the transparency to residents, and the intention to continue to be a city who realizes the value of technology and adapting it for the public good. One reason I moved here is the progressive nature of the city to use technology to better serve the public. I would say that those who make decisions should carefully consider what solutions will get us farther into the future and be built on a platform that easily allows integration with other systems and which of those systems are likely to reach fruition. Don't cut corners to save money if it means losing out on premium results. Having cameras but no facial recognition or license readers is 1/2 a solution, in all consideration of technology, look for optimal results.” – MaryMi (65+, Female) • “We need to monitor the sound of some cars and many motorcycles.” – HarrySc (65+, Male) 581 Probolsky Research – City of La Quinta Focus Group Report – April 2019 16 • “I do not understand how these cameras will stop gang activity just because people will be aware of them and avoid them. If the goal, however, is to place the cameras everywhere then it is scary. I don't like the fact that every second of our lives are recorded and stored.” – SarinaAc (18-24, Female) • “I would be willing to bet that if the people of the community were a allowed to vote on this program, that it would get voted down. The more I read about it and who you outline that will have access to the decision making is quite alarming to me.” – Dvid BlaneHu (65+, Male) Improvements Residents suggested that the System should eventually implement cameras on buildings, and other isolated places difficult to patrol. But in general, several residents would like to see the results of the effectiveness of the System before providing further feedback. • “Forget the whole idea and spend the money on police protection.” – LindaGu (55-64, Female) • “I only support placing cameras on building to protect them from vandals and thieves. I do not support cameras on streets, parks or hiking trails at this time. This will only change when I see a full picture of other cities results.” – PaulMC (55-64, Male) • “I do not have a complaint. I would just include if there is a cost that the city is providing toward this. I believe many will have an open mind when see the money being used. As there are individuals that think it's a waste of money. I do not think it's a waste as it's to improve our safety.” – JacquelineZa (18-24, Female, Latino) • Too early to tell just yet. I like the idea but want to see what results are gained from it before we add to it.” – StevenRo (55-64, Male, DS) • “No comment yet. Let's see how the trial period ends.” – RichardMo (55-64, Male) Has the City been transparent about the pilot program? 582 Probolsky Research – City of La Quinta Focus Group Report – April 2019 17 The majority of residents said they feel the City has been transparent about the pilot program but believe there could be some communication improvements by the City. Residents also appreciate the online forum for them to express their opinions. • “Until now, you have not got the information to me (nor a couple of my neighbors) so I question the dissemination methods.” – PaulMC (55-64, Male) • “No i dont believe the city has been transparent about the program.” – EstherRo (25-34, Female, Latino) • “Is this process transparent? Yes, I would say so.” – NicholeBo (35-44, Female, Latino) • “Yes, they have been transparent in their efforts.” – PaulOR (65+, Male) • “Yes. However, some people (me included) do not use social media and may not be "connected" to the listed sources. My main source of La Quinta news is the Desert Sun (printed editions). It needs to be heavily publicized there, especially if additional citizen input is being sought.” – CharlesHa (65+, Male) Thoughts about Video Clip After watching a video clip taken from the City Hall lobby, the majority of residents say they like the camera features and feel their privacy rights are being protected by the automatic black shades the cameras generate when encountering private property. • “Somebody is going to sit and watch this 24 hours a day?...or is it as I said, an after the fact recording. That will not prevent crime.” – LindaGu (55-64, Female) • “I do not see anything beneficial to increase public safety. Little to no illegal activity takes place at that or the other intersections used in the pilot. I will ask once again for reports from other cites that have used such a system - both pro and con.” – PaulMC (55-64, Male) • “I like how it rotates. Interested in seeing this in public places. Perhaps big shopping centers, where crime can happen.” – JacquelineZa (18-24, Female, Latino) • “I'm not sure that I learned anything about the system in this video except that people's privacy is important.” – StehpanieKI (65+, Female) 583 Probolsky Research – City of La Quinta Focus Group Report – April 2019 18 • “The footage is very clear and I like that activity in the crosswalk activates the camera to focus on that area to protect people.” – AmandaSi (35-44, Female) • “I like that the private property is masked by the black spots. I would not want my property to be broadcasted. However, somewhere there has to be footage of the private property without the black spots and that can be unnerving.” – SarinaAc (18-24, Female) • “Yes! I like this feature [black shades on private property] because although it helps catch crime I am sure one does not want to feel watch 24/7. Besides those with property should take alternatives in there own hands. I know I will have cameras in my home.” – JacquelineZa (18-24, Female, Latino) • “[Black shades on private property] It is very important and should be included. Privacy should be respected.” – MaryMi (65+, Female, Latino) • It is very important [to block out views of private property]. It definitely should be emphasized so that the public is reassured that their privacy is respected.” – VanessaRa (18-24, Female, Latino) • “It is important to keep public spaces safe, but it is just as important to keep private spaces safe. I spend more time at my home and it would be nice to have cameras in my neighborhood, but I do understand there is an extra expense associated with that.” – AmandaSi (35-44, Female) • “Important to block out addresses on homes, etc., and public should know about it. Not sure that the entrance building of a country club (even though private property) matters.” – CharlesHa (65+, Male) • “I dont believe it helps [black shade to block private property] its a waste of money!” – EstherRo (25-34, Female, Latino) • “Not really, There could be a lot of benefit from not blocking it out. You could conceivably catch a crime in progress if you don't block things out.” – StephanieKI (65+, Female) Areas of priority to Residents Although, residents believe that the Camera System should focus on different areas from deterring crime to monitor pedestrians and vehicle trafficking, “to respond to incidents” was the most selected area chose by participants. Residents also ranked “to 584 Probolsky Research – City of La Quinta Focus Group Report – April 2019 19 deter and identify criminal activity” as a secondary priority, and “to target identified areas of gang and narcotics complaints or activity” was the third area of importance voted on. • NicholeBo (35-44, Female, Latino): • PaulMc (55-64, Male): • EstherRo (25-34, Female, Latino): • StephanieKI (65+, Female): 585 Probolsky Research – City of La Quinta Focus Group Report – April 2019 20 • AmandaSi (35-44, Female): Resident Statements When asked to take a stand from two opposing statements about the La Quinta Public Safety Camera System, residents generally agreed with the resident stating that the Camera System is a good innovative technology to improve public safety and traffic management, and generally disagree with the resident stating that the Camera System is too invasive. Opposing statements read as follows: SMITH says: "The La Quinta Public Safety Camera System seems too invasive. We are safe, traffic isn't that bad, and we don't need government cameras recording our every move." JONES says: "The La Quinta Public Safety Camera System is a great way to improve public safety and traffic management in La Quinta. It’s an innovative use of technology by the City and I don’t care if the City records public places.” Participants’ responses: • “Smith...we do not need this expensive, useless system.” – LindaGu (55-64, Female) • “I agree with Smith. I think the cameras are excessive.” – SarinaAc (65+, Female) • “Jones - unfortunately law-abiding citizens need all the tools they can get that help prevent and solve criminal activity. Cameras are an invasive necessary evil 586 Probolsky Research – City of La Quinta Focus Group Report – April 2019 21 that give the common man a chance of prevention and if not that, prosecution.” – MaryMi (65+, Female) • “Jones. These cameras are not recording our every move. They are monitoring public areas where people are occasionally and it can help with crime and safety and traffic management. These are all good things to help our community.” – AmandaSI (35-44, Female) • “I favor Jones. I am in favor of cameras, as long as there is citizen input on the policies and procedures.” – CharlesHa (65+, Male) Support or Oppose Other Features? The majority of residents believe that facial and license plate recognition are features that the System should not include because they are too invasive of residents’ privacy. However, residents approve features for crime analysis and gun detection. • “Each feature would have an added cost I am sure. Use cameras to protect our public buildings ONLY. Nothing on the streets until data supports it.” – PaulMC (55-64, Male) • “Some of these features like facial detection is extremely excessive. It starts to feel like everyone is being policed every second of the day.” – SarinaAc (18-24, Female) • “No. One step at a time. Some company is trying to seel the city more stuff. Let's see how this works before taking another step.” – HarrySc (65+, Male) • “I do not support facial recognition ever. It's a violation of privacy. Isn't that what China is doing? No thanks. I do agree with tracking crime data and gunshot detection. I do not necessarily agree with license plate detection if they are going to start dinging everyday citizens for Minor traffic violations.” – EstherRo (25-34, Female, Latino) • “I would support some features, depending on the cost. I think crime analysis and gunshot detection would be very helpful.” – AmandaSi (35-44, Female) Do you support or oppose the La Quinta Public Safety Camera System? 587 Probolsky Research – City of La Quinta Focus Group Report – April 2019 22 When asked to state whether they support or oppose the Camera System at the end of the discussion and after being provided information about the Camera System throughout the discussion, the majority of residents still support the System’s implementation. Facial recognition features as invasion of privacy as well as the need to monitor loud vehicles were brought up again. • “Oppose. another wasteful project by this council.” – LindaGu (55-64, Female) • “Still oppose it until data is available from other cities.” – PaulMc (55-64, Male) • “As I mentioned before. I support this program. I want raise my family in a secure areas. This programs will bring a piece of mind. Of course, with daily officer patrolling.” – JacquelineZa (18-24, Female, Latino) • “Generally I support it. I want them to also monitor loud motorcylces. texting at stop lights and set up a DUI unannounced check point some Saturday nights near the clubs and resorts.” – HarrySc (65+, Male) • “I support the system if utilized in the right way. If there turns out to be a major impact in public safety, I'm all for it. If it turns out that the benefits don't outweigh the liabilities, than I would support discontinuance.” – StephanieKI (65+, Female) • “I need more information to definitively support or oppose this system.” – SarinaAc (18-24, Female) • “Based on all the Information provided, I am in support of the pilot program and expanding it to other areas, such as parks and trails. I do not support further invasion of privacy though. Such as facial recognition. The way it's being tested now and the added analysis of crime trends and gunshot detection is also ok with me.” – NicholeBo (35-44, Female, Latino) Closing Thoughts When asked if they had any additional thoughts, the majority of participants brought up costs of implementation, monitoring of loud and speeding vehicles, and how cameras will be monitored. • “Personally, I would like there to be specifics about the cost, and labor towards this. Also, insure that this does not affect how the Sheriff depart works. That this 588 Probolsky Research – City of La Quinta Focus Group Report – April 2019 23 will be just an addition to security. If so, it is amazing as cops can't be everywhere at the same time.” – JacquelineZa (18-24, Female, Latino) • “Motorcycle noise. Weaving in and out on Washington St. The corruption of the city manager letting a no-bid contract to his son-in-law and then claining it is not covered under nepotism rules since they are not blood heirs.” – HarrySc (65+, Male) • “I want to know if these cameras are monitored at all times or if they just record. That would make a big difference in my response.” – SarinaAc (18-24, Female) • Will someone be monitoring the cameras???” – EstherRo (25-34, Female, Latino) • “What would be the projected cost of this program if implemented fully? What has similar programs cost other cities of a similar size?” – NicholeBo (35-44, Female, Latino) • “I really appreciate the reach out to citizen. This just speaks to the great leadership we have in the City. Thank you.” – StevenRo (55-64, Male) 589 Probolsky Research – City of La Quinta Focus Group Report – April 2019 24 Appendix A: Discussion Guide Welcome to the discussion group about La Quinta. Questions have been posted. Please log in to complete them today. After you submit a response, your place will be saved and remembered in case you need to take a break. This discussion will last three days, and you are required to log-in every day to answer new questions or respond to what other participants are saying. You may also receive email reminders if you have any remaining questions to respond to. Please click Next to continue to the first question. Initial Thoughts and Awareness 1) Do you think the City of La Quinta is moving in the right direction or the wrong direction? Why? 2) Is La Quinta a safe place to live? Why? 3) Do you think visitors feel safe in La Quinta? Why? 4) In general, do you think video surveillance cameras like those on signalized intersections, public parks, hiking trails, exterior of city facilities, commercial and retail establishments, and video door bells and other cameras used for home security make us safer? Why? 5) How do you feel about the job the Riverside County Sheriff’s Department is doing providing police services in La Quinta? 6) How do you feel about the job that Cal Fire is doing providing fire protection services in La Quinta? 7) What, if anything, have you heard about a pilot program in La Quinta for a Public Safety Camera System? >>>As the cost of public safety increases, the City is looking for ways to be more effective with existing funds and keep La Quinta safe and to keep traffic moving. Footage from cameras are expected to help public safety to monitor and better deploy resources to the scenes of accidents, crimes and natural disasters. During the pilot program cameras have been placed at major intersections, but if the program moves forward and is fully implemented, other locations such as hiking trails, public parks and other public streets would be added. 8) Do you support or oppose the La Quinta Public Safety Camera System pilot program? Why? 590 Probolsky Research – City of La Quinta Focus Group Report – April 2019 25 Opinion of the System 9) Please review the Frequently Asked Questions about the La Quinta Public Safety Camera System and provide your thoughts. >>>DISPLAY APPENDIX 1 FROM BELOW 10) Do you think the La Quinta Public Safety Camera System will be an effective solution for improving public safety and traffic management in the City? Why or why not? 11) Do you have any concerns about the La Quinta Public Safety Camera System? 12) Please review the La Quinta Public Safety Camera System Draft Policies and Procedures and provide your thoughts. >>>DISPLAY APPENDIX 2 FROM BELOW 13) How could the La Quinta Public Safety Camera System be improved? Is there a feature you think could be added to make it more valuable? >>>Starting in 2016 the City has discussed a Public Safety Camera System including at City Council meetings, articles in local publications, four community meetings with 41 attending, community focus groups with 47 attending, community survey with 714 responding, commission meetings, posts on the City website, Facebook, Nextdoor, and Twitter. There is also viewing of the camera footage on Tuesdays at 9 a.m. and Thursdays at 4 p.m. in the City Hall lobby throughout the pilot project. 14) Do you think the City has been transparent about the Public Safety Camera System pilot program? 15) Please watch this video clip of from the La Quinta Public Safety Camera System pilot program and provide your thoughts. >>>PLAY VIDEO CLIP 16) The La Quinta Public Safety Camera System blocks out views of private property and only captures video of public spaces. Is this important to you? Do you think this as an important feature the public should know about? 17) Recorded images from the Public Safety Camera System can be used for a variety of purposes, including criminal investigations, monitoring of high-value or high- threat areas and traffic management. Which of the following areas should be a priority for the System? Choose as many as you like. 591 Probolsky Research – City of La Quinta Focus Group Report – April 2019 26 To deter and identify criminal activity To target identified areas of gang and narcotics complaints or activity To respond to incidents To assist in identifying, apprehending and prosecuting offenders To document officer and offender conduct during interactions to safeguard the rights of the public and officers To augment resources in a cost-effective manner To monitor pedestrian and vehicle traffic activity Smith/Jones 18) Please read the following statements made by residents and tell me which resident you agree with and why. SMITH says: “The La Quinta Public Safety Camera System seems too invasive. We are safe, traffic isn’t that bad, and we don’t need government cameras recording our every move.” JONES says: “The La Quinta Public Safety Camera System is a great way to improve public safety and traffic management in La Quinta. It’s an innovative use of technology by the City and I don’t care if the City records public places.” Who do you agree with more, SMITH or JONES? Why? 19) In the future, La Quinta City Council with at least one public hearing and community engagement could add other features such as crime analysis, gunshot detection, incident mapping, license plate and facial recognition. Would you support or oppose these uses? Why or why not? 20) Based on everything you now know, do you support or oppose the La Quinta Public Safety Camera System? Why or why not? Closing Thoughts 21) Is there anything we didn’t address that you would like to discuss? Please share your thoughts. 592 Probolsky Research – City of La Quinta Focus Group Report – April 2019 27 APPENDIX 1 City of La Quinta Public Safety Camera System Information • Purpose of the Camera system o As police service costs rise and to meet the public safety demands of a growing population, the City initiated efforts to adopt technology driven solutions. The cameras will transmit a video to City Hall to improve police, fire, emergency, and traffic management. • What is the pilot program? o The pilot program is the viability testing of three (3) high definition cameras to examine the clarity of video and transmission feed and to help gain a better understanding of the camera system. • Why a pilot program and how much will it cost? o The festival season provides an optimal scenario to conduct live testing during an influx of people to the City. There is no cost to the City, other than internal staff time. o Provides a real time test before making a commitment to adopt the system permanently. • Where are the cameras be located? o Three separate intersections § Washington St. at Eisenhower Dr. § Washington St. at Avenue 52 § Washington St. at Hwy 111 • When is the Testing period of the pilot program? o 90 days; from March 1st to May 31st, 2019 • What protects the public from racial profiling or invasion of privacy o The city drafted a set of policies and procedures to regulate the use of video obtained from the camera system with annual audits, checks and balances, and masking, blacking-out, of private properties in alignment with the cameras. • Will these cameras be equipped with facial recognition or license plate readers? o No • Can the public view the video feed? 593 Probolsky Research – City of La Quinta Focus Group Report – April 2019 28 o Yes, the public is welcomed to view live video feed during the testing period at City Hall’s lobby during business hours. 594 Probolsky Research – City of La Quinta Focus Group Report – April 2019 29 APPENDIX 2 Public Safety Camera System Draft PURPOSE AND SCOPE The City of La Quinta and the La Quinta Police Department collectively operate, monitor, and maintain a Public Safety Camera System (PSCS) for the purpose of creating a safer environment for all those who live, work, and visit the City. The City and Police Department’s operation of a PSCS complements its anti- crime strategy to effectively allocate and deploy personnel, and to enhance public safety and security in public areas. POLICY This policy explains the purpose of the cameras and includes guidelines for their operation and for the storage of captured images. Video monitoring in public places will be conducted in a legal and ethical manner while recognizing and protecting constitutional standards of privacy. PLACEMENT AND MONITORING These high definition cameras will be placed in strategic locations throughout the City to detect and deter crime, to help safeguard against potential threats to the public, to help manage emergency response situations during natural and man- made disasters and to assist City officials in providing services to the community. The City Manager or the authorized designee shall approve all proposed locations for the use of video monitoring technology and should consult with and be guided by legal counsel as necessary in making such determinations. Contributing factors shall be taken into consideration including but not limited to lighting, alignment of buildings, existing vegetation, or other obstructions when selecting camera placement. OPERATIONAL GUIDELINES Only City and/or department-approved video monitoring equipment shall be utilized. The La Quinta Police, La Quinta Fire, City staff, and vendors as approved by the City Manager shall be authorized to view video monitoring equipment, and 595 Probolsky Research – City of La Quinta Focus Group Report – April 2019 30 shall only examine public areas and activities where no reasonable expectation of privacy exists. Last rev 02/11/2019 SPECIFIC POLICIES 1. The La Quinta Police and City staff shall comply with all Federal and California State law applicable to the use of closed-circuit television (CCTV) cameras in public places. 2. The technology will not be used to replace current policing techniques. 3. Under no circumstances shall the PSCS be used for the purpose of infringing upon First Amendment rights. 4. Operators of the PSCS shall not target/observe individuals based solely on their race, gender, ethnicity, sexual orientation, disability or other classifications protected by law. 5. The La Quinta Police Department and City of La Quinta shall not use audio in conjunction with the PSCS unless appropriate court orders are obtained. 6. When a residential property is clearly, and knowingly in alignment with the PSCS’s line of sight, black-out technology will be applied for privacy reasons to eliminate potential unintended intrusions. RECORDING AND USE The cameras shall only record images and not sound. Recorded images may be used for a variety of purposes, including criminal investigations and monitoring of activity of high-value or high-threat areas. The PSCS may be useful for the following purposes: 1. To deter and identify criminal activity. 2. To target identified areas of gang and narcotics complaints or activity. 3. To respond to incidents. 4. To assist in identifying, apprehending and prosecuting offenders. 5. To document officer and offender conduct during interactions to safeguard the rights of the public and officers. 6. To augment resources in a cost-effective manner. 7. To monitor pedestrian and vehicle traffic activity. Images from each camera shall be recorded in a manner consistent with the underlying purpose of the particular camera. Images shall be transmitted to monitors installed in a location approved by the City Manager or authorized designee. When activity warranting further investigation is reported or detected at 596 Probolsky Research – City of La Quinta Focus Group Report – April 2019 31 any camera location, the available information shall be provided or made available to responding officers in a timely manner. The City Manager or authorized designee may approve video feeds from the PSCS to be viewed by police, fire, emergency management, public safety, or traffic management. Viewing by other staff or outside agencies will require authorization, including supervision by city staff. Unauthorized recording, viewing, reproduction, dissemination or retention is prohibited. Last rev 02/11/2019 CAMERA NOTIFICATION AND PUBLIC OUTREACH It is the City’s commitment to provide ample notification and public outreach with the PSCS. Signs will be placed in various locations notifying the public that a public safety camera system will be monitoring driving and pedestrian activities in public places. A map of all locations with cameras will be posted on the city website. Additionally, the City will provide regular updates and receive input from the public on the PSCS. INTEGRATION WITH OTHER TECHNOLOGY The Police Department and/or City of La Quinta may decide to integrate its PSCS with other technology to enhance available information. Systems such as gunshot detection, incident mapping, crime analysis, license plate recognition, facial recognition, and other video-based analytical systems may be considered based upon availability and the nature of Police Department strategy. Those additional technologies shall be approved by the City Council. Such approval by the Council will include at least one study session and one public hearing before the technology is added. VIDEO SUPERVISION The authorized designee shall oversee video monitoring access and usage to ensure members are within City of La Quinta and/or contract public safety personnel policy and applicable laws. The City Manager or authorized designee shall ensure such use and access is appropriately documented. VIDEO LOG A log shall be maintained at the designated video monitoring center. The log shall be used to document all persons viewing or monitoring images provided by the PSCS. The logs at a minimum should record the: 597 Probolsky Research – City of La Quinta Focus Group Report – April 2019 32 A. Date and time access was given. B. Name and agency of the person being provided access to the images. C. Name of person authorizing access. D. Identifiable portion of images viewed. STORAGE AND RETENTION OF MEDIA All downloaded media shall be stored on a dedicated server in a secured area at a City of La Quinta facility with access restricted to authorized persons. A recording needed as evidence shall be copied to a suitable medium/documented in the official log. The recording needed as evidence shall be safely secured in a locker or other secured area. All actions taken with respect to retention of media shall be appropriately documented. A checks and balance has been established where the recordings have limited built in authorizations for deletion of material at the Manager and Director level. Documentation of a reason for deletion is required in writing and is submitted from Supervisor level to the Manager, Director and City Manager level for authorization. The type of video monitoring technology employed and the manner in which recordings are used and stored will affect retention periods. The recordings shall be stored and retained in accordance with the established records retention schedule, and state law and for a minimum of one year. Prior to destruction, written consent shall be obtained from the City Attorney, before recordings will be deleted from software. If recordings are evidence in any claim filed or any pending litigation, they shall be preserved until pending litigation is resolved (Government Code 34090.6). Any recordings needed as evidence in a criminal or civil proceeding shall be copied to a suitable medium/documented in the official log, and safely secured in a locker or other secured area. Last rev 02/11/2019 EVIDENTIARY INTEGRITY All downloaded and retained media shall be treated in the same manner as other evidence. Media shall be accessed, maintained, stored and retrieved in a manner that ensures its integrity as evidence, including strict adherence to chain of custody requirements. Electronic trails, including encryption, digital masking of innocent or uninvolved individuals to preserve anonymity, authenticity certificates and date and time stamping, shall be used as appropriate to preserve individual rights and to ensure the authenticity and maintenance of a secure evidentiary chain of custody. RELEASE OF VIDEO IMAGES 598 Probolsky Research – City of La Quinta Focus Group Report – April 2019 33 All recorded video images gathered by the PSCS are for the official use of the City of La Quinta and its authorized agencies. Requests for recorded video images from the public or the media shall be processed in the same manner as requests for City public records consistent with the California Public Records act, unless they become part of an active police investigation. TRAINING All staff members authorized to operate or access PSCS shall receive appropriate training on an annual basis. Training shall include guidance on the use of cameras, and a review regarding relevant policies and procedures, including this policy. Training shall also address state and federal law related to the use of video monitoring equipment and privacy. Last rev 02/11/2019 VIDEO MONITORING AUDIT The City Manager or other authorized designee will conduct an annual review of the PSCS. The review shall include: A. Analysis of the cost, benefit and effectiveness of the system. B. Any public safety issues that were effectively addressed. C. Any significant prosecutions that resulted. D. Any systemic operational or administrative issues that were identified, including those related to training, discipline or policy. E. Retention of Longitudinal Data to be able to evaluate trends, costs, apprehensions, on a long-term basis. The results of each review shall be appropriately documented and maintained by the City Manager or authorized designee and other applicable advisory bodies. Any recommendations for training or policy should be promptly and reasonably addressed. VIOLATIONS OF POLICY The City has zero tolerance for any violation of these policies. Should a violation occur, the City will take appropriate action per the City of La Quinta Personnel Policies or applicable state/federal law. Last rev 02/11/2019 599 Probolsky Research – City of La Quinta Focus Group Report – April 2019 34 Appendix B: Transcript La Quinta Discussion Group Transcript 600 Probolsky Research – City of La Quinta Focus Group Report – April 2019 35 1 - Initial Thoughts and Awareness 1.1 - Right track/Wrong Track Do you think the City of La Quinta is moving in the right direction or the wrong direction? Why? Responses 1.1.1 LindaGu (Gender: F, Age: 55-64, Ethnicity: None) 4/23/2019 4:58 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Right track/Wrong Track I donot think the city is moving in the right direction. City leaders are focused on bringing in more and more revenue and not paying any attention to the needs of the residents who live here full time. Idf they were more judicious in the spending of our tax dollars then they would not need more money, more tax increases, more commerce. Many of us retired here to get away from all the commercialism. 1.1.2 AmandaSi (Gender: F, Age: 35-44, Ethnicity: None) 4/24/2019 11:54 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Right track/Wrong Track I think the right direction. Improvements are being made in housing and new businesses are opening. 1.1.3 PaulMc (Gender: M, Age: 55-64, Ethnicity: None) 4/24/2019 2:20 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Right track/Wrong Track A bit neutral on this maybe leaning a bit toward the right direction. Would like to see more progressive approaches to tourism, snow birds and transportation. 1.1.3.1 Adam (Project Manager) 4/26/2019 9:57 AM Pacific Time (US & Canada) 601 Probolsky Research – City of La Quinta Focus Group Report – April 2019 36 What changes would you like to see regarding tourism, snow birds and transportation? 1.1.4 EstherRo (Gender: F, Age: 25-34, Ethnicity: Latino) 4/25/2019 8:55 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Right track/Wrong Track The city of la quinta is moving in the right direction. 1.1.5 DeniseSc (Gender: F, Age: 45-54, Ethnicity: None) 4/25/2019 9:41 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Right track/Wrong Track Since moving here I am so impressed with the cleanliness and community of La Quinta. It gives a small town vibe but looking toward the future. 1.1.6 JacquelineZa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/25/2019 10:42 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Right track/Wrong Track I believe it's moving in the right direction. It is one of the few cities in the valley that does not need construction in multiple areas. Also, it is feiwmdly and safe environment. 1.1.7 DeanMo (Gender: M, Age: 35-44, Ethnicity: None) 4/25/2019 4:41 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Right track/Wrong Track (Private message to moderators) Some things are moving in the right direction. I am happy with how clean they keep the city. The events are somewhat annoying like the Ironman event that was not organized very well. Being a long time resident I would expect the city to streamline the setup of any event to accommodate the residents as well as the visitors properly. 1.1.7.1 Adam (Project Manager) 4/26/2019 9:59 AM Pacific Time (US & Canada) 602 Probolsky Research – City of La Quinta Focus Group Report – April 2019 37 (Private message to DeanMo) Do you have any specific suggestions on how the City could handle events like the Ironman better? 1.1.8 SeverianoJa (Gender: M, Age: 55-64, Ethnicity: Latino) 4/25/2019 5:37 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Right track/Wrong Track (Private message to moderators) I think the city is moving in the right direction because it is constantly making improvements and doing things like this to learn from residents opinions. 1.1.9 NicholeBo (Gender: F, Age: 35-44, Ethnicity: Latino) 4/25/2019 6:24 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Right track/Wrong Track I think that overall, La Quinta is doing a great job. I was disappointed that because of the failure of traffic planning for Iron Man, that the city council decided to cancel desert x in the cove. That was a bummer. 1.1.10 MaryMi (Gender: F, Age: 65+, Ethnicity: None) 4/25/2019 10:17 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Right track/Wrong Track Right, the city seems to be turned in to residents needs and the improvements include their opinions and pedestrian bike friendly is a city I want to live in 1.1.11 HarrySc (Gender: M, Age: 65+, Ethnicity: None) 4/26/2019 7:49 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Right track/Wrong Track Right direction. We need a new city manager and will be getting one. 1.1.12 StevenRo (Gender: M, Age: 55-64, Ethnicity: None) 4/26/2019 7:57 AM Pacific Time (US & Canada) 603 Probolsky Research – City of La Quinta Focus Group Report – April 2019 38 Initial Thoughts and Awareness - Right track/Wrong Track Right direction. The present leadership involves the community and is willing to listen and respond 1.1.13 David BlaneHu (Gender: M, Age: 65+, Ethnicity: None) 4/26/2019 8:53 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Right track/Wrong Track I believe La Quinta is moving in the right direction. A wonderful place to live. 1.1.14 StephanieKl (Gender: F, Age: 65+, Ethnicity: None) 4/26/2019 8:56 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Right track/Wrong Track Right Direction. Lots of good things happening in La Quinta. City Council is very involved. 1.1.15 FrankMa (Gender: M, Age: 65+, Ethnicity: Latino) 4/26/2019 9:10 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Right track/Wrong Track • Right direction. Excellent Mayor and public servant staff 1.1.16 SarinaAc (Gender: F, Age: 18-24, Ethnicity: None) 4/26/2019 9:18 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Right track/Wrong Track In most ways I do think that La Quinta is improving and moving in the right direction. More and more helpful construction is being done in order to make transportation easier, like for example the Jefferson st. freeway exit. 1.1.17 VanessaRa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/26/2019 9:51 AM Pacific Time (US & Canada) 604 Probolsky Research – City of La Quinta Focus Group Report – April 2019 39 Initial Thoughts and Awareness - Right track/Wrong Track Right direction, especially with mandating the change from regular landscapes to desert landscapes to save water and the removal of trees to desert landscapes throughout the city. 1.1.18 LawrenceVa (Gender: M, Age: 55-64, Ethnicity: None) 4/26/2019 4:18 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Right track/Wrong Track No opinion. dont know the agenda 1.1.19 RichardMo (Gender: M, Age: 55-64, Ethnicity: None) 4/27/2019 12:58 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Right track/Wrong Track Wrong! Too much money is being put into Silverrock. 90% of the residents do not care nor will they ever use the facilities. Do something with empty Sams Club and Las Casuelas. Start doing the street sweeping every week. Create a landscape district for places like the Highlands in North La Quinta and make them landscape the outer areas. 1.1.20 RonaldVi (Gender: M, Age: 45-54, Ethnicity: Latino) 4/27/2019 8:51 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Right track/Wrong Track Right track— I am pleased with the 2018 rules for short term rentals, crime statistics are good, property values have stated to rise, roadways are in excellent shape. 1.1.21 MaryJe (Gender: F, Age: 45-54, Ethnicity: None) 5/1/2019 10:33 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Right track/Wrong Track right track. 1.1.22 StephenCr (Gender: M, Age: 55-64, Ethnicity: None) 5/1/2019 1:25 PM Pacific Time (US & Canada) 605 Probolsky Research – City of La Quinta Focus Group Report – April 2019 40 Initial Thoughts and Awareness - Right track/Wrong Track right direction 1.1.23 ChristianaMu (Gender: F, Age: 18-24, Ethnicity: Latino) 5/2/2019 8:36 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Right track/Wrong Track Right direction, the city is constantly bettering itself in terms of appearance and public interest. There seems to be a lot of new and fun activities to participate in often. 1.1.24 PaulOr (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 9:11 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Right track/Wrong Track Moving in the right direction 1.1.25 CharlesHa (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 9:28 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Right track/Wrong Track Generally in the right direction, with some missteps, such as the fiasco of the Hispanic children's presentation at the library which was interfered with for racial reasons. 1.1.26 RyanFi (Gender: M, Age: 35-44, Ethnicity: None) 5/2/2019 6:42 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Right track/Wrong Track We love La Quinta! Great place to raise a family, great restaurants, and many community activities! 1.1.27 MarkKa (Gender: M, Age: 65+, Ethnicity: None) 5/5/2019 11:14 AM Pacific Time (US & Canada) 606 Probolsky Research – City of La Quinta Focus Group Report – April 2019 41 Initial Thoughts and Awareness - Right track/Wrong Track right track 1.1.28 VickiGr (Gender: F, Age: 65+, Ethnicity: None) 5/5/2019 2:04 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Right track/Wrong Track Right direction 1.2 - Safe? Is La Quinta a safe place to live? Why? Responses 1.2.1 LindaGu (Gender: F, Age: 55-64, Ethnicity: None) 4/23/2019 5:02 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Safe? It is no longer a safe city because the leaders focused on bringing in more RDA money which required our building/providing some of those fund for low income housing, which, unfortunately brings with it more crime. We did not have enough low income residents in our City to fill up the low income housing we were building so we had to import low income residents/families to our town. Unfortunatley low income housing does not generate any taxes to support the problems it inherently brings with it. 1.2.2 AmandaSi (Gender: F, Age: 35-44, Ethnicity: None) 4/24/2019 11:55 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Safe? I think it is safer than parts of Indio or Coachella, but I think there could always be improvements with safety. 1.2.3 PaulMc (Gender: M, Age: 55-64, Ethnicity: None) 4/24/2019 2:23 PM Pacific Time (US & Canada) 607 Probolsky Research – City of La Quinta Focus Group Report – April 2019 42 Initial Thoughts and Awareness - Safe? I feel very safe here as a permanent resident. As a cyclist, I am a bit nervous about riding my bike among what I would term "poor" drivers. There have been too many cyclists killed by cars in the CV. 1.2.3.1 Adam (Project Manager) 4/26/2019 10:05 AM Pacific Time (US & Canada) Do you have any specific suggestions to cycling safer? 1.2.3.1.1 CharlesHa (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 9:39 AM Pacific Time (US & Canada) Roads, especially with bike lanes, need to be swept more often. All the trash ends up in bike lanes. On recent rides I have noted screws, nails, gravel, small rocks, broken pieces of tarmac, large pieces of plastic, metal car parts, used flossers, diapers, bottles, cans, and endless more items that people toss out their windows or that bounce out of pick-up trucks. It all gets pushed or blown to the bike lanes by traffic. A cyclist hitting these items without warning can have a serious accident with injuries. 1.2.4 EstherRo (Gender: F, Age: 25-34, Ethnicity: Latino) 4/25/2019 8:59 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Safe? La quinta has been a safe place to live the but recently there has been a lot of vehicle break ins. The apartment i live in have had to upgrade cameras for protection of residents safety. 1.2.4.1 Adam (Project Manager) 4/26/2019 10:06 AM Pacific Time (US & Canada) Do you think these camera help make your apartment complex safer? 1.2.5 DeniseSc (Gender: F, Age: 45-54, Ethnicity: None) 4/25/2019 9:42 AM Pacific Time (US & Canada) 608 Probolsky Research – City of La Quinta Focus Group Report – April 2019 43 Initial Thoughts and Awareness - Safe? I generally feel as safe here as most places I've lived. 1.2.6 JacquelineZa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/25/2019 10:44 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Safe? I am from the valley but have a year living in la Quinta, and I absolutely love it. I definitely think it's a safe environment. There isn't much crime reports in this area. 1.2.7 DeanMo (Gender: M, Age: 35-44, Ethnicity: None) 4/25/2019 4:42 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Safe? (Private message to moderators) Yes but a stronger police presence would always be better 1.2.7.1 Adam (Project Manager) 4/26/2019 10:06 AM Pacific Time (US & Canada) (Private message to DeanMo) What does a stronger police presence mean to you? What would that look like? 1.2.8 SeverianoJa (Gender: M, Age: 55-64, Ethnicity: Latino) 4/25/2019 5:40 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Safe? (Private message to moderators) Yes, living in the cove feels private and safe. It’s a small city so not much going on. 1.2.9 NicholeBo (Gender: F, Age: 35-44, Ethnicity: Latino) 4/25/2019 6:30 PM Pacific Time (US & Canada) 609 Probolsky Research – City of La Quinta Focus Group Report – April 2019 44 Initial Thoughts and Awareness - Safe? I think the police of La Quinta are wonderful and hard working. But we have a major problem with theft. My car was broken into at the park across from La Quinta high and twice here in the cove. I'm not sure what the solution is as I always see the police force around town. But I don't feel safe leaving my car anywhere here in the valley and I'm from L.A. I never had any problems with theft in the big city. Although I know I was lucky. Here, not so much. Also Worry about my home being broken into. 1.2.9.1 Adam (Project Manager) 4/26/2019 10:07 AM Pacific Time (US & Canada) Are there any suggestions you have for the City that would protect your car and home? 1.2.9.1.1 NicholeBo (Gender: F, Age: 35-44, Ethnicity: Latino) 4/26/2019 11:37 AM Pacific Time (US & Canada) That's a good question Adam and I'm not sure what the solution is. We have cameras now which do deter some crime but I think it's hard in an area like the cove where there are so many homes and it's very dark at night. I know the police patrol at night and I don't think adding more police would really deter the theft in the cove. It's been an ongoing issue for years. I think that citizens have to take extra precautions by checking the locks, adding a camera and parking in the garage if possible. My parents have the same issue in Palm desert in a more expensive neighborhood. One thing the city could possibly do is offer a stipend for those who financially qualify to buy a certain security camera for their home. I know a lot of people out there would oppose that but beefing up police presence does not mean that my home or car won't be broken into. Another idea would be to find a way to encourage more citizens to participate in neighborhood watches but again, don't think that is the best answer. I do not participate in my local watch as a working mother who has no free time. 1.2.10 MaryMi (Gender: F, Age: 65+, Ethnicity: None) 4/25/2019 10:18 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Safe? No where is completely safe, but I feel safe here and I think some areas are more safe than others 1.2.11 HarrySc (Gender: M, Age: 65+, Ethnicity: None) 4/26/2019 7:52 AM Pacific Time (US & Canada) 610 Probolsky Research – City of La Quinta Focus Group Report – April 2019 45 Initial Thoughts and Awareness - Safe? Yes, if you lock your car when it is parked out of your garage. And with a new city manager we will not have a city no0bid contract for close to one million dollars given to his son-in-law. Bye Frank 1.2.12 StevenRo (Gender: M, Age: 55-64, Ethnicity: None) 4/26/2019 7:59 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Safe? Yes. WE as citizens communicate well to our elected officials who listen. Law enforcement presence is good but we will soon be faced with having to make a decision based on rising costs. 1.2.13 StephanieKl (Gender: F, Age: 65+, Ethnicity: None) 4/26/2019 8:57 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Safe? Yes, There is constant police presence. My only issue is the lack of street lighting. 1.2.14 FrankMa (Gender: M, Age: 65+, Ethnicity: Latino) 4/26/2019 9:16 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Safe? Yes it is safe community. Great public safety program along with overlap of Sherriff and local police departments. Also many neighborhoods are gated. 1.2.15 SarinaAc (Gender: F, Age: 18-24, Ethnicity: None) 4/26/2019 9:21 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Safe? For the most part I think La Quinta is safe. Crime rates tend to be higher in other cities in the desert so I tend to think La Quinta is relatively safe. However, more can always be done to make the city even safer. 1.2.15.1 Adam (Project Manager) 4/26/2019 10:10 AM Pacific Time (US & Canada) 611 Probolsky Research – City of La Quinta Focus Group Report – April 2019 46 Do you have any specific suggestion for making La Quinta safer? 1.2.15.1.1 SarinaAc (Gender: F, Age: 18-24, Ethnicity: None) 4/26/2019 10:13 AM Pacific Time (US & Canada) I believe that there should be greater police presence during Coachella and stagecoach in helping traffic flow smoother before the festivals begin and after they end on the freeway. Less focus on ticketing for speeding and focusing more on allowing traffic to clear up faster. 1.2.16 David BlaneHu (Gender: M, Age: 65+, Ethnicity: None) 4/26/2019 9:28 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Safe? Safe 1.2.17 VanessaRa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/26/2019 9:52 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Safe? Yes compared to some areas of the valley LQ is a safe place to live since we have fast police response. 1.2.18 LawrenceVa (Gender: M, Age: 55-64, Ethnicity: None) 4/26/2019 4:19 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Safe? Yes 1.2.19 RichardMo (Gender: M, Age: 55-64, Ethnicity: None) 4/27/2019 1:00 PM Pacific Time (US & Canada) 612 Probolsky Research – City of La Quinta Focus Group Report – April 2019 47 Initial Thoughts and Awareness - Safe? Yes it is. Every city has their issues but La Quinta care about the residents safety. 1.2.20 RonaldVi (Gender: M, Age: 45-54, Ethnicity: Latino) 4/27/2019 8:54 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Safe? Very safe. Violent crimes are the lowest in the valley. Being sandwiched between Gang prone areas , our theft and vandalism rates are relatively low. 1.2.21 MaryJe (Gender: F, Age: 45-54, Ethnicity: None) 5/1/2019 10:34 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Safe? I think La Quinta is relatively safe with some unsafe pockets 1.2.22 StephenCr (Gender: M, Age: 55-64, Ethnicity: None) 5/1/2019 1:26 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Safe? Needs more police for traffic... 1.2.23 ChristianaMu (Gender: F, Age: 18-24, Ethnicity: Latino) 5/2/2019 8:37 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Safe? Depends on the area you live in. Yes for the most part. 1.2.24 PaulOr (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 9:11 AM Pacific Time (US & Canada) 613 Probolsky Research – City of La Quinta Focus Group Report – April 2019 48 Initial Thoughts and Awareness - Safe? Yes I feel safe. 1.2.25 CharlesHa (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 9:32 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Safe? Yes, La Quinta is a safe place to live. Even though expensive, I hope that the city does not cut back on contracted Riverside County Sheriff hours to save money. 1.2.26 RyanFi (Gender: M, Age: 35-44, Ethnicity: None) 5/2/2019 6:43 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Safe? Yes. We live in the cove and see very little crime. I do notice that the cross walks on Eisenhower, particularly, are quite danderous. Especially in the evenings or during low visibility. 1.2.27 MarkKa (Gender: M, Age: 65+, Ethnicity: None) 5/5/2019 11:15 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Safe? I feel safe since I live in a secured neighborhood. Community police interact with our community. 1.2.28 VickiGr (Gender: F, Age: 65+, Ethnicity: None) 5/5/2019 2:04 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Safe? Yes 1.3 - Cameras 614 Probolsky Research – City of La Quinta Focus Group Report – April 2019 49 Do you think video surveillance cameras like those on signalized intersections, public parks, hiking trails, exterior of city facilities, commercial and retail establishments, and video doorbells and other cameras used for home security make us safer? Why? Responses 1.3.1 LindaGu (Gender: F, Age: 55-64, Ethnicity: None) 4/23/2019 5:04 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cameras NO I do not. They are an "after the crime" answer. Criminals with nothing to lose do not care if there is a camera watching them...they usually have been in jail before and do not care. 1.3.1.1 Adam (Project Manager) 4/26/2019 10:13 AM Pacific Time (US & Canada) Some other residents seem to think they are deterrent. But even if they are not, do you appreciate the value they might bring in identifying alleged criminals and victims after a crime has occurred? Do you think there is value in police having real-time access to incidents? 1.3.2 PaulMc (Gender: M, Age: 55-64, Ethnicity: None) 4/24/2019 2:26 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cameras I don't think traffic cameras have proven useful in southern CA cities. Public Parks and hiking trails would be too costly to place cameras in. I support cameras on buildings including city facilities. Home video systems are very effective. 1.3.3 EstherRo (Gender: F, Age: 25-34, Ethnicity: Latino) 4/25/2019 9:03 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cameras I do believe cameras and video doorbells make us safer because if someone is about to commit a crime and realize they are being recorded then people tend to think twice and dont wanna be caught on camera. 1.3.4 DeniseSc (Gender: F, Age: 45-54, Ethnicity: None) 4/25/2019 9:43 AM Pacific Time (US & Canada) 615 Probolsky Research – City of La Quinta Focus Group Report – April 2019 50 Initial Thoughts and Awareness - Cameras I am all for security cameras. My daughter also lives here and her Ring camera is awesome and they have already caught porch pirate. 1.3.5 JacquelineZa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/25/2019 10:45 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cameras Absolutely! It keeps us safe as, we can see what is occurring when we aren't there. I believe it keep people under control as they feel someone is watching. Also, it helps us lower down crime as it helps us find those who commit it. 1.3.6 DeanMo (Gender: M, Age: 35-44, Ethnicity: None) 4/25/2019 4:44 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cameras (Private message to moderators) In certain situations they can. As long as the footage is used in a timely matter and made available to the public if needed. 1.3.7 SeverianoJa (Gender: M, Age: 55-64, Ethnicity: Latino) 4/25/2019 5:43 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cameras (Private message to moderators) Yes cameras make the city safe. It stops people from crime when they know they’re being watched. 1.3.8 NicholeBo (Gender: F, Age: 35-44, Ethnicity: Latino) 4/25/2019 6:31 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cameras While it does seem like a sad solution, I appreciate the camera as I have had my car broken into 3 times since living here 4 years. Once at the park and twice in my own driveway. But does it help to have cameras everywhere ? Hope someone is tracking the data on that. 1.3.9 MaryMi (Gender: F, Age: 65+, Ethnicity: None) 4/25/2019 10:23 PM Pacific Time (US & Canada) 616 Probolsky Research – City of La Quinta Focus Group Report – April 2019 51 Initial Thoughts and Awareness - Cameras I think the proliferation of cameras and the storage of data in the cloud, may make some criminals think twice. However I think there is more value in it aiding in catching criminals rather than prevention. 1.3.10 HarrySc (Gender: M, Age: 65+, Ethnicity: None) 4/26/2019 7:55 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cameras Cameras are a deterrent for sure. However, they give one a feeling of a police state. We were in Singapore and Hong KOng recently where cameras are everywhere. It cost less than a patrol car so it is of necessity the future. I am told that in a residence break in the police do not bother to look at the video. Not sure if that is true or an urban legend. 1.3.11 StevenRo (Gender: M, Age: 55-64, Ethnicity: None) 4/26/2019 8:07 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cameras I am not sure they make us safer just yet. I think it is a good way to review and document issues. 1.3.12 StephanieKl (Gender: F, Age: 65+, Ethnicity: None) 4/26/2019 8:59 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cameras It must make us safer. I don't feel that we are completely safe no matter what security equipment you install because of human nature, selfishness and greed! 1.3.13 AmandaSi (Gender: F, Age: 35-44, Ethnicity: None) 4/26/2019 9:11 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cameras I do think that it helps a bit. It may be a slight sense of false security, but with the use of video door bells people are able to monitor their homes and this could deter people from entering the property. 1.3.14 FrankMa (Gender: M, Age: 65+, Ethnicity: Latino) 4/26/2019 9:22 AM Pacific Time (US & Canada) 617 Probolsky Research – City of La Quinta Focus Group Report – April 2019 52 Initial Thoughts and Awareness - Cameras Yes, camera serveilance is accurate, effective in assiting law enforcement with apprehension of violators of the law and prevention of crimes. It it difficult o argue you are not the person on the video or camera. 1.3.15 SarinaAc (Gender: F, Age: 18-24, Ethnicity: None) 4/26/2019 9:23 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cameras In a sense, yes. I think that if someone is monitoring the camera's and can report a crime to the police then it can make it safer. However, if not then the cameras can only help to identify suspects and have proof of a crime, which I don't think is a bad thing. 1.3.16 David BlaneHu (Gender: M, Age: 65+, Ethnicity: None) 4/26/2019 9:32 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cameras There are limits.. in restrooms or other places that infringe on privacy is not okay. 1.3.16.1 Adam (Project Manager) 4/26/2019 10:17 AM Pacific Time (US & Canada) The City is not placing cameras in restrooms. Are there any other places you would put off limits? 1.3.17 VanessaRa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/26/2019 9:54 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cameras To an extent yes since people are more hesitant to act against the law if they know they are being filmed 1.3.18 LawrenceVa (Gender: M, Age: 55-64, Ethnicity: None) 4/26/2019 4:20 PM Pacific Time (US & Canada) 618 Probolsky Research – City of La Quinta Focus Group Report – April 2019 53 Initial Thoughts and Awareness - Cameras Yes 1.3.19 RichardMo (Gender: M, Age: 55-64, Ethnicity: None) 4/27/2019 1:01 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cameras Yes I do. Crime is still going to happen but I think there are people that will thin twice about it if they know they are being recorded. 1.3.20 RonaldVi (Gender: M, Age: 45-54, Ethnicity: Latino) 4/27/2019 8:58 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cameras Cameras do provide an added layer of surveillance but are not as great a deterrent to crime as manned patrols. I would rather see the funding allocated to larger police presence that cameras in public places. Cameras work to capture evidence of a crime but don't deter crime in any significant way. 1.3.21 MaryJe (Gender: F, Age: 45-54, Ethnicity: None) 5/1/2019 10:35 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cameras Yes unfortunately it is necessary in today's world. 1.3.22 StephenCr (Gender: M, Age: 55-64, Ethnicity: None) 5/1/2019 1:27 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cameras At traffic circles... 1.3.23 ChristianaMu (Gender: F, Age: 18-24, Ethnicity: Latino) 5/2/2019 8:37 AM Pacific Time (US & Canada) 619 Probolsky Research – City of La Quinta Focus Group Report – April 2019 54 Initial Thoughts and Awareness - Cameras Yes. They hold people accountable. 1.3.24 PaulOr (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 9:13 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cameras Absolutely safer with cameras. 1.3.25 CharlesHa (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 9:40 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cameras Agree that cameras make us safer. 1.3.26 RyanFi (Gender: M, Age: 35-44, Ethnicity: None) 5/2/2019 6:45 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cameras Sure, definitely doesn’t hurt! It’s always good to take extra precautions 1.3.27 MarkKa (Gender: M, Age: 65+, Ethnicity: None) 5/5/2019 11:16 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cameras Yes, as long as they are serviced and monitored appropriately 1.3.28 VickiGr (Gender: F, Age: 65+, Ethnicity: None) 5/5/2019 2:05 PM Pacific Time (US & Canada) 620 Probolsky Research – City of La Quinta Focus Group Report – April 2019 55 Initial Thoughts and Awareness - Cameras Yes... 1.4 - Riverside County Sheriff's Department job How do you feel about the job the Riverside County Sheriff's Department is doing providing police services in La Quinta? Responses 1.4.1 LindaGu (Gender: F, Age: 55-64, Ethnicity: None) 4/23/2019 5:06 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Riverside County Sheriff's Department job Well, I do not feel safe in my city. I don't know if that is because we do not have enough coverage or if they are not doing a good job with what they have. My common sense tells me that if we had more boots on the ground coverage that would reduce crime. The City is spending money on golf courses and toilets in the mountains instead of public safety and security. 1.4.2 PaulMc (Gender: M, Age: 55-64, Ethnicity: None) 4/24/2019 2:27 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Riverside County Sheriff's Department job I have no issues with the police services in the 9 years I have resided here. 1.4.3 EstherRo (Gender: F, Age: 25-34, Ethnicity: Latino) 4/25/2019 9:07 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Riverside County Sheriff's Department job I believe they could do a better job, i walk alot with my children a resident of la quinta and see lots of people speeding through the cove which is a residential community and also we are now a cyclist community and when theres no officers near by and hardly ever seen in the areas it just continues and people drive ignoring the laws. 1.4.4 DeniseSc (Gender: F, Age: 45-54, Ethnicity: None) 4/25/2019 9:45 AM Pacific Time (US & Canada) 621 Probolsky Research – City of La Quinta Focus Group Report – April 2019 56 Initial Thoughts and Awareness - Riverside County Sheriff's Department job I have not personally used their services or had any interaction but I do see them and feel safer that they are there. 1.4.5 JacquelineZa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/25/2019 10:46 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Riverside County Sheriff's Department job I constantly run in to police officers so I would say a great job as they are monitoring this area. 1.4.6 DeanMo (Gender: M, Age: 35-44, Ethnicity: None) 4/25/2019 4:45 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Riverside County Sheriff's Department job (Private message to moderators) More police on the roads are always better if the Sheriff cant provide them then the city needs to pick up the slack 1.4.7 NicholeBo (Gender: F, Age: 35-44, Ethnicity: Latino) 4/25/2019 6:34 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Riverside County Sheriff's Department job I always see police patrolling the city and they are quick to respond. They take it seriously. Just disappointed that parks are not patrolled more often as clearly they are a target for crime. Like the park across from la Quinta high. 1.4.8 MaryMi (Gender: F, Age: 65+, Ethnicity: None) 4/25/2019 10:27 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Riverside County Sheriff's Department job I have had one experience. I was locked out of my house, I had just moved here and didn't know anyone, had a key hidden in my backyard, but neither the police or fire dept wanted to respond to my call for help to get the key. So, that's not their primary job I realize but I did wonder what kind of night they were having and if they just didn't want to come out or were too busy. In San Diego, where I came from, the cops or fire dept would have helped. 1.4.9 HarrySc (Gender: M, Age: 65+, Ethnicity: None) 4/26/2019 7:57 AM Pacific Time (US & Canada) 622 Probolsky Research – City of La Quinta Focus Group Report – April 2019 57 Initial Thoughts and Awareness - Riverside County Sheriff's Department job Many are wonderful, but some are young and overly eager. Same as anywhere else. A seasoned officer is the best. 1.4.10 StevenRo (Gender: M, Age: 55-64, Ethnicity: None) 4/26/2019 8:09 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Riverside County Sheriff's Department job While I believe they do a good job with police services, the big issues is rising costs that are almost out of control. When you have double digit costs increases every year, it is soon out of control. When is it more cost effective to do it yourself with other sister cities? 1.4.10.1 Adam (Project Manager) 4/26/2019 10:20 AM Pacific Time (US & Canada) What exactly are you suggesting here? You think there is a cost-saving measure the City could take? 1.4.11 StephanieKl (Gender: F, Age: 65+, Ethnicity: None) 4/26/2019 9:00 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Riverside County Sheriff's Department job I don't see that much of their presence so I really have no opinion. 1.4.12 AmandaSi (Gender: F, Age: 35-44, Ethnicity: None) 4/26/2019 9:12 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Riverside County Sheriff's Department job I haven't had any experience with them. I see them occasionally, but they don't seem to be around when they are needed. I am not sure if that is due to understaffing. 1.4.13 SarinaAc (Gender: F, Age: 18-24, Ethnicity: None) 4/26/2019 9:25 AM Pacific Time (US & Canada) 623 Probolsky Research – City of La Quinta Focus Group Report – April 2019 58 Initial Thoughts and Awareness - Riverside County Sheriff's Department job I have no opinion on the police. I have not been around the police enough or needed them. Maybe the fact that I haven't needed them proves that they are doing a decent job. 1.4.14 David BlaneHu (Gender: M, Age: 65+, Ethnicity: None) 4/26/2019 9:35 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Riverside County Sheriff's Department job Seem they're more into making lots of money from frivolous tickets that mostly target the lesser wealthy than anything else. 1.4.14.1 Adam (Project Manager) 4/26/2019 10:22 AM Pacific Time (US & Canada) Are there any specific concerns or examples you can offer? 1.4.15 VanessaRa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/26/2019 9:55 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Riverside County Sheriff's Department job As long as it doesn’t take away from our own residents being able to work in those services then I am not opposed. 1.4.16 RichardMo (Gender: M, Age: 55-64, Ethnicity: None) 4/27/2019 1:02 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Riverside County Sheriff's Department job They are doing a good job here. The cost is high but it's worth it. It's just the cost of doing business. 1.4.17 RonaldVi (Gender: M, Age: 45-54, Ethnicity: Latino) 4/27/2019 8:59 PM Pacific Time (US & Canada) 624 Probolsky Research – City of La Quinta Focus Group Report – April 2019 59 Initial Thoughts and Awareness - Riverside County Sheriff's Department job I am pleased with the performance of the sheriffs department. 1.4.18 MaryJe (Gender: F, Age: 45-54, Ethnicity: None) 5/1/2019 10:35 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Riverside County Sheriff's Department job Good job. 1.4.19 StephenCr (Gender: M, Age: 55-64, Ethnicity: None) 5/1/2019 1:27 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Riverside County Sheriff's Department job OK... 1.4.20 ChristianaMu (Gender: F, Age: 18-24, Ethnicity: Latino) 5/2/2019 8:37 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Riverside County Sheriff's Department job Good. 1.4.21 PaulOr (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 9:14 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Riverside County Sheriff's Department job I am confident they are doing a good job. 1.4.22 CharlesHa (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 9:42 AM Pacific Time (US & Canada) 625 Probolsky Research – City of La Quinta Focus Group Report – April 2019 60 Initial Thoughts and Awareness - Riverside County Sheriff's Department job Generally good. I wish there was more surveillance of Washington Street. Speeding is excessive. I have seen some tickets given, but we need more. It would be great if the motorcycles that insist on high noisy rates of speed could be curbed. 1.4.23 MarkKa (Gender: M, Age: 65+, Ethnicity: None) 5/5/2019 11:16 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Riverside County Sheriff's Department job Fine 1.5 - Cal Fire job How do you feel about the job that Cal Fire is doing providing fire protection services in La Quinta? Responses 1.5.1 LindaGu (Gender: F, Age: 55-64, Ethnicity: None) 4/23/2019 5:08 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cal Fire job They seem to be doing a fine job...it is the City that is not enforcing the code and allowing hoarding situations that put others in jeopardy. 1.5.2 PaulMc (Gender: M, Age: 55-64, Ethnicity: None) 4/24/2019 2:28 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cal Fire job I have no issues with the fire services in La Quinta. 1.5.3 EstherRo (Gender: F, Age: 25-34, Ethnicity: Latino) 4/25/2019 9:09 AM Pacific Time (US & Canada) 626 Probolsky Research – City of La Quinta Focus Group Report – April 2019 61 Initial Thoughts and Awareness - Cal Fire job I have no issues with cal fire they have always been very responsive in a emergency! 1.5.4 DeniseSc (Gender: F, Age: 45-54, Ethnicity: None) 4/25/2019 9:46 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cal Fire job Thank God for these hero's! 1.5.5 JacquelineZa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/25/2019 11:51 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cal Fire job I currently live in a apartment complex and I get frequent notice on the fire sprinkler check and I also get the extinguisher checked. Therefor the Aparment is being compliant with the orders they get from the fire department. In others I believe the are doing great! 1.5.6 DeanMo (Gender: M, Age: 35-44, Ethnicity: None) 4/25/2019 4:46 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cal Fire job (Private message to moderators) I have no concerns with how the Fire department is being run. 1.5.7 NicholeBo (Gender: F, Age: 35-44, Ethnicity: Latino) 4/25/2019 6:35 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cal Fire job Yes. Quick to respond. No complaints here. 1.5.8 MaryMi (Gender: F, Age: 65+, Ethnicity: None) 4/25/2019 10:28 PM Pacific Time (US & Canada) 627 Probolsky Research – City of La Quinta Focus Group Report – April 2019 62 Initial Thoughts and Awareness - Cal Fire job I have no opinion as I have no knowledge on this 1.5.9 HarrySc (Gender: M, Age: 65+, Ethnicity: None) 4/26/2019 7:58 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cal Fire job As far as I know they are doing great. Fortunately I have no first hand experience. 1.5.10 StevenRo (Gender: M, Age: 55-64, Ethnicity: None) 4/26/2019 8:09 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cal Fire job They do a great job and I have no issues with it 1.5.11 StephanieKl (Gender: F, Age: 65+, Ethnicity: None) 4/26/2019 9:01 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cal Fire job I personally have had no experience with them and have heard nothing negative. 1.5.12 AmandaSi (Gender: F, Age: 35-44, Ethnicity: None) 4/26/2019 9:13 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cal Fire job I have not had any experience with Cal Fire, but I love that there is a fire station close to where I live. 1.5.13 SarinaAc (Gender: F, Age: 18-24, Ethnicity: None) 4/26/2019 9:25 AM Pacific Time (US & Canada) 628 Probolsky Research – City of La Quinta Focus Group Report – April 2019 63 Initial Thoughts and Awareness - Cal Fire job I think they are doing a good job. I think they are quick to respond. 1.5.14 VanessaRa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/26/2019 11:41 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cal Fire job Again as long it provides jobs for our residents rather take away 1.5.15 David BlaneHu (Gender: M, Age: 65+, Ethnicity: None) 4/26/2019 12:24 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cal Fire job I feel they FD does a fantastic job 1.5.16 RichardMo (Gender: M, Age: 55-64, Ethnicity: None) 4/27/2019 1:03 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cal Fire job Great job by Cal Fire. 1.5.17 RonaldVi (Gender: M, Age: 45-54, Ethnicity: Latino) 4/27/2019 9:01 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cal Fire job Adequate—I know of no problems with Cal fire services in our community. 1.5.18 MaryJe (Gender: F, Age: 45-54, Ethnicity: None) 5/1/2019 10:36 AM Pacific Time (US & Canada) 629 Probolsky Research – City of La Quinta Focus Group Report – April 2019 64 Initial Thoughts and Awareness - Cal Fire job great job 1.5.19 StephenCr (Gender: M, Age: 55-64, Ethnicity: None) 5/1/2019 1:28 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cal Fire job OK. 1.5.20 ChristianaMu (Gender: F, Age: 18-24, Ethnicity: Latino) 5/2/2019 8:37 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cal Fire job Good. 1.5.21 PaulOr (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 9:15 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cal Fire job Cal Fire is excellent in La Quinta 1.5.22 CharlesHa (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 9:43 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Cal Fire job Very good 1.5.23 MarkKa (Gender: M, Age: 65+, Ethnicity: None) 5/5/2019 11:17 AM Pacific Time (US & Canada) 630 Probolsky Research – City of La Quinta Focus Group Report – April 2019 65 Initial Thoughts and Awareness - Cal Fire job I assume they are doing a good job. Fortunately have not had much interaction with them. 1.6 - Pilot Program What, if anything, have you heard about a pilot program in La Quinta for a Public Safety Camera System? Responses 1.6.1 LindaGu (Gender: F, Age: 55-64, Ethnicity: None) 4/23/2019 5:11 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Pilot Program It is another quid pro quo, councilmember Radi connection waste of our tax dollars. It is a joke and everybody I know feels that way. Just hand the guys a big check, give Radi his cut, and forget even putting up the cameras....then we will not have to waste millions more of our tax dollars in yearly cost. 1.6.1.1 Adam (Project Manager) 4/26/2019 10:28 AM Pacific Time (US & Canada) Are you using hyperbole to make your point about not liking cameras or are you genuinely accusing an elected official of corruption? It's OK to do either, but I want to make sure we understand what you mean. 1.6.2 PaulMc (Gender: M, Age: 55-64, Ethnicity: None) 4/24/2019 2:29 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Pilot Program Only that it is being considered. I did not research the specifics nor get involved in the discussion. 1.6.3 EstherRo (Gender: F, Age: 25-34, Ethnicity: Latino) 4/25/2019 9:09 AM Pacific Time (US & Canada) 631 Probolsky Research – City of La Quinta Focus Group Report – April 2019 66 Initial Thoughts and Awareness - Pilot Program I have heard about this program and hope it generates more public safety! 1.6.4 DeniseSc (Gender: F, Age: 45-54, Ethnicity: None) 4/25/2019 9:46 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Pilot Program I have not heard anything regarding these particular cameras. 1.6.5 JacquelineZa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/25/2019 11:52 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Pilot Program I do know that there are more camera in the city, but I didn't know it was a program. I just thought it's business providing it. 1.6.6 DeanMo (Gender: M, Age: 35-44, Ethnicity: None) 4/25/2019 4:47 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Pilot Program (Private message to moderators) Nothing but they are possible using cameras soon. 1.6.7 NicholeBo (Gender: F, Age: 35-44, Ethnicity: Latino) 4/25/2019 6:37 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Pilot Program I mayHave saw something about the cameras on Nextdoor app for the cove. But I don't know a lot of the details. I have seen a camera in the Walmart parking lot and I was relieved to see a large camera because I don't feel safe in that parking lot. Lots of weird stuff going on, homeless and theft. Please keep that up LQ police!! 1.6.8 MaryMi (Gender: F, Age: 65+, Ethnicity: None) 4/25/2019 10:30 PM Pacific Time (US & Canada) 632 Probolsky Research – City of La Quinta Focus Group Report – April 2019 67 Initial Thoughts and Awareness - Pilot Program I did hear about on one of the La Quinta websites. 1.6.9 HarrySc (Gender: M, Age: 65+, Ethnicity: None) 4/26/2019 8:00 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Pilot Program Stop light cameras and cameras in public areas. The stop light camera does not apprehend a speeder on Washington Street, just red light violations. We need speed brought down folks not texting at a stop light. 1.6.10 StevenRo (Gender: M, Age: 55-64, Ethnicity: None) 4/26/2019 8:10 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Pilot Program I have seen it down at City hall but I am not versed as to why or what it will produce? 1.6.11 StephanieKl (Gender: F, Age: 65+, Ethnicity: None) 4/26/2019 9:01 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Pilot Program Nothing 1.6.12 AmandaSi (Gender: F, Age: 35-44, Ethnicity: None) 4/26/2019 9:14 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Pilot Program I haven't heard anything about this. 1.6.13 SarinaAc (Gender: F, Age: 18-24, Ethnicity: None) 4/26/2019 9:26 AM Pacific Time (US & Canada) 633 Probolsky Research – City of La Quinta Focus Group Report – April 2019 68 Initial Thoughts and Awareness - Pilot Program I have not heard about anything related to this project 1.6.14 VanessaRa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/26/2019 11:42 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Pilot Program I haven’t heard anything about it 1.6.15 David BlaneHu (Gender: M, Age: 65+, Ethnicity: None) 4/26/2019 12:25 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Pilot Program I have not heart of the camera program 1.6.16 RichardMo (Gender: M, Age: 55-64, Ethnicity: None) 4/27/2019 1:03 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Pilot Program That certain areas will have cameras on a trial basis. 1.6.17 RonaldVi (Gender: M, Age: 45-54, Ethnicity: Latino) 4/27/2019 9:02 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Pilot Program I have not heard of 1.6.18 MaryJe (Gender: F, Age: 45-54, Ethnicity: None) 5/1/2019 10:36 AM Pacific Time (US & Canada) 634 Probolsky Research – City of La Quinta Focus Group Report – April 2019 69 Initial Thoughts and Awareness - Pilot Program yes 1.6.19 StephenCr (Gender: M, Age: 55-64, Ethnicity: None) 5/1/2019 1:28 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Pilot Program Newspaper & TV reports... 1.6.20 ChristianaMu (Gender: F, Age: 18-24, Ethnicity: Latino) 5/2/2019 8:38 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Pilot Program Nothing. 1.6.21 PaulOr (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 9:17 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Pilot Program I know they are considering the system. 1.6.22 CharlesHa (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 9:44 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Pilot Program Have heard about it, but want to hear more. 1.6.23 MarkKa (Gender: M, Age: 65+, Ethnicity: None) 5/5/2019 11:17 AM Pacific Time (US & Canada) 635 Probolsky Research – City of La Quinta Focus Group Report – April 2019 70 Initial Thoughts and Awareness - Pilot Program nothing heard 1.7 - Support/Oppose As the cost of public safety increases, the City is looking for ways to be more effective with existing funds and keep La Quinta safe and to keep traffic moving. Footage from cameras are expected to help public safety to monitor and better deploy resources to the scenes of accidents, crimes and natural disasters. During the pilot program cameras have been placed at major intersections, but if the program moves forward and is fully implemented, other locations such as hiking trails, public parks and other public streets would be added. Do you support or oppose the La Quinta Public Safety Camera System pilot program? Why? Responses 1.7.1 LindaGu (Gender: F, Age: 55-64, Ethnicity: None) 4/23/2019 5:12 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Support/Oppose OPPOSE! wow Big brother in action! Unless we have somebody monitoring those cameras 24 hrs a day it will not prevent crime but only record it. Spend this money on police protection instead...and programs for teens to keep them off the streets. 1.7.1.1 Adam (Project Manager) 4/26/2019 10:32 AM Pacific Time (US & Canada) If the cameras where live monitored 24/7, would that make you more supportive? 1.7.2 PaulMc (Gender: M, Age: 55-64, Ethnicity: None) 4/24/2019 2:33 PM Pacific Time (US & Canada) 636 Probolsky Research – City of La Quinta Focus Group Report – April 2019 71 Initial Thoughts and Awareness - Support/Oppose Based only upon this information, I would oppose the pilot and full implementation. I previously lived in OC and many cities tried cameras and did not continue the concept. Cameras are not needed at major intersections. There are numerous cell phones at these intersections at various times. 911 calls are sufficient for reporting things. 1.7.3 EstherRo (Gender: F, Age: 25-34, Ethnicity: Latino) 4/25/2019 9:12 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Support/Oppose I support the public safety camera system! 1.7.4 DeniseSc (Gender: F, Age: 45-54, Ethnicity: None) 4/25/2019 9:49 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Support/Oppose I support all but Red light cameras which I don't necessarily trust. I'd like to think they are a deterrent to crime. I have seen how they have helped in solving crimes such as the woman who dumped the puppies. 1.7.5 JacquelineZa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/25/2019 11:55 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Support/Oppose I support this, as it will help lower crime rate and will make the community a safer place. 1.7.6 DeanMo (Gender: M, Age: 35-44, Ethnicity: None) 4/25/2019 4:48 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Support/Oppose (Private message to moderators) Support for sure. the more cameras the better. Safety for our family and residents comes first. 1.7.7 NicholeBo (Gender: F, Age: 35-44, Ethnicity: Latino) 4/25/2019 6:41 PM Pacific Time (US & Canada) 637 Probolsky Research – City of La Quinta Focus Group Report – April 2019 72 Initial Thoughts and Awareness - Support/Oppose I support this 100%. I would feel a lot safer on walking the trail in the cove if it was being monitored as women have reported scary encounters with sexual predators. It's sad as I don't like the idea of cameras everywhere but it could help with theft and hit and runs as well. 1.7.8 MaryMi (Gender: F, Age: 65+, Ethnicity: None) 4/25/2019 10:32 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Support/Oppose I support it, I think it is a little "big brother" but in this day and age, I think they keep people safer. 1.7.9 HarrySc (Gender: M, Age: 65+, Ethnicity: None) 4/26/2019 8:01 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Support/Oppose Support. The whole world is going in the direction of using cameras. 1.7.10 StevenRo (Gender: M, Age: 55-64, Ethnicity: None) 4/26/2019 8:11 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Support/Oppose I would better want to understand the overall future costs. Does it make more sense to put those dollars into creating our own force? Again, I am not for or against it, just need more information as to what the whole plan is and costs? 1.7.11 StephanieKl (Gender: F, Age: 65+, Ethnicity: None) 4/26/2019 9:03 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Support/Oppose I like the idea. I'm questioning the location of the first 4 cameras. 1.7.11.1 Adam (Project Manager) 4/26/2019 10:34 AM Pacific Time (US & Canada) 638 Probolsky Research – City of La Quinta Focus Group Report – April 2019 73 What about the location of the pilot program cameras do you question? Where would you have put them? 1.7.12 AmandaSi (Gender: F, Age: 35-44, Ethnicity: None) 4/26/2019 9:15 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Support/Oppose I support it. I think it is important to keep the community safe. If you are not doing anything wrong, why would you be bothered by the cameras? 1.7.13 SarinaAc (Gender: F, Age: 18-24, Ethnicity: None) 4/26/2019 9:28 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Support/Oppose I think that public safety is extremely important. Not so much cameras to watch how quickly someone drives. However, if the cameras are to be used to deploy law enforcement when an incident occurs then I think the idea is great. 1.7.13.1 Adam (Project Manager) 4/26/2019 10:38 AM Pacific Time (US & Canada) One goal of having the cameras would be for law enforcement and other City service to be deployed more efficiently when an incident occurs. Do think this is an important aspect of the program? 1.7.13.1.1 NicholeBo (Gender: F, Age: 35-44, Ethnicity: Latino) 4/26/2019 11:40 AM Pacific Time (US & Canada) Yes Adam, I think it's very essential to preventing and responding to crimes. 1.7.14 VanessaRa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/26/2019 11:46 AM Pacific Time (US & Canada) 639 Probolsky Research – City of La Quinta Focus Group Report – April 2019 74 Initial Thoughts and Awareness - Support/Oppose I support this project if it truly will be successful in aiding with traffic flow and safety 1.7.15 David BlaneHu (Gender: M, Age: 65+, Ethnicity: None) 4/26/2019 12:28 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Support/Oppose The data will be interesting on how effectively this works.. whether it helps or has no major effect on the issues as I suspect 1.7.16 RichardMo (Gender: M, Age: 55-64, Ethnicity: None) 4/27/2019 1:05 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Support/Oppose I support it. Keep an eye on areas and disburse the appropriate personnel during times of need. 1.7.17 RonaldVi (Gender: M, Age: 45-54, Ethnicity: Latino) 4/27/2019 9:04 PM Pacific Time (US & Canada) Initial Thoughts and Awareness - Support/Oppose Adding cameras would assist with prosecutions of individuals caught on cam committing crimes and assisting individuals in distress in monitored areas but they are not an adequate crime deterrent. 1.7.18 MaryJe (Gender: F, Age: 45-54, Ethnicity: None) 5/1/2019 10:36 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Support/Oppose support the program 1.7.19 StephenCr (Gender: M, Age: 55-64, Ethnicity: None) 5/1/2019 1:31 PM Pacific Time (US & Canada) 640 Probolsky Research – City of La Quinta Focus Group Report – April 2019 75 Initial Thoughts and Awareness - Support/Oppose Yes, use deter crime, especially areas that might be difficult to patrol. 1.7.20 ChristianaMu (Gender: F, Age: 18-24, Ethnicity: Latino) 5/2/2019 8:38 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Support/Oppose Yes. I think it is good to hold people accountable for their actions. 1.7.21 PaulOr (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 9:20 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Support/Oppose I support the initiative. Its good for the safety and peace of mind. 1.7.22 CharlesHa (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 9:46 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Support/Oppose Generally support. It needs to be well thought out. 1.7.23 MarkKa (Gender: M, Age: 65+, Ethnicity: None) 5/5/2019 11:18 AM Pacific Time (US & Canada) Initial Thoughts and Awareness - Support/Oppose I would support it as long as the current budget allows for it. 2 - Opinion of the System 641 Probolsky Research – City of La Quinta Focus Group Report – April 2019 76 2.1 - FAQ Thoughts Please review the Frequently Asked Questions about the La Quinta Public Safety Camera System and provide your thoughts. ---START--- City of La Quinta Public Safety Camera System Information • Purpose of the Camera system o As police service costs rise and to meet the public safety demands of a growing population, the City initiated efforts to adopt technology driven solutions. The cameras will transmit a video to City Hall to improve police, fire, emergency, and traffic management. • What is the pilot program? o The pilot program is the viability testing of three (3) high definition cameras to examine the clarity of video and transmission feed and to help gain a better understanding of the camera system. • Why a pilot program and how much will it cost? o The festival season provides an optimal scenario to conduct live testing during an influx of people to the City. There is no cost to the City, other than internal staff time. o Provides a real time test before making a commitment to adopt the system permanently. • Where are the cameras be located? o Three separate intersections ▪ Washington St. at Eisenhower Dr. ▪ Washington St. at Avenue 52 ▪ Washington St. at Hwy 111 • When is the Testing period of the pilot program? o 90 days; from March 1st to May 31st, 2019 • What protects the public from racial profiling or invasion of privacy o The city drafted a set of policies and procedures to regulate the use of video obtained from the camera system with annual audits, checks and balances, and masking, blacking-out, of private properties in alignment with the cameras. • Will these cameras be equipped with facial recognition or license plate readers? o No 642 Probolsky Research – City of La Quinta Focus Group Report – April 2019 77 • Can the public view the video feed? o Yes, the public is welcomed to view live video feed during the testing period at City Hall's lobby during business hours. ---END--- After reading this information, what are your thoughts? Responses 2.1.1 LindaGu (Gender: F, Age: 55-64, Ethnicity: None) 4/23/2019 5:15 PM Pacific Time (US & Canada) Opinion of the System - FAQ Thoughts What a joke....how many resident crimes take place at the corner of Wash/Eisenhower or 111/Washington? This is a HUGE WASTE OF MONEY AGAIN PROPOSED BY THIS Council. 2.1.1.1 Adam (Project Manager) 4/26/2019 10:39 AM Pacific Time (US & Canada) There is no cost to the City for this pilot program. Does that change how you feel about the cameras? 2.1.2 PaulMc (Gender: M, Age: 55-64, Ethnicity: None) 4/24/2019 2:38 PM Pacific Time (US & Canada) Opinion of the System - FAQ Thoughts Not a fan. There will be costs to the full implementation. What are these forecast costs? Let's use this money to put more boots on the ground. I am typically a fan of technology but not so much in this case. 2.1.3 EstherRo (Gender: F, Age: 25-34, Ethnicity: Latino) 4/25/2019 9:18 AM Pacific Time (US & Canada) Opinion of the System - FAQ Thoughts Will someone be watching the cameras 24hrs a day? How is the city going to know if the pilot camera safety system is doing any good? 643 Probolsky Research – City of La Quinta Focus Group Report – April 2019 78 2.1.3.1 Adam (Project Manager) 4/26/2019 10:40 AM Pacific Time (US & Canada) Good questions. What metrics would you like to see evaluated to determine if they are useful? 2.1.4 JacquelineZa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/25/2019 11:59 AM Pacific Time (US & Canada) Opinion of the System - FAQ Thoughts I guess the main question that I have is wether if the program is a success, will it be available for other city's? I personally believe there not too much to worry here in la Quinta and other city's could be it from it. Although, I must say I like the idea. It makes me feel safe and look into perhaps buying in this city. 2.1.5 DeanMo (Gender: M, Age: 35-44, Ethnicity: None) 4/25/2019 4:50 PM Pacific Time (US & Canada) Opinion of the System - FAQ Thoughts (Private message to moderators) I'm glad that the public can view the live feed but they should be able to access the recorded info as well 2.1.6 NicholeBo (Gender: F, Age: 35-44, Ethnicity: Latino) 4/25/2019 6:50 PM Pacific Time (US & Canada) Opinion of the System - FAQ Thoughts I do understand the invasion of privacy and racial profiling. My husband has experienced this and I'm not sure what the solution is. However my thoughts are that if the camera catches a crime, then race shouldn't matter. I would think the use of Cameras would eliminate some racial profiling as your really looking at cars but people from a mounted camera as opposed to a live cop driving behind you in a car and thinking your suspicious because you're a person of color and or/ in a run down car ( they are always pulling people over in older beat up cars). As far as privacy goes, it's an intersection and no homes too close. It's a public place and not a residential neighborhood. 2.1.7 MaryMi (Gender: F, Age: 65+, Ethnicity: None) 4/25/2019 10:34 PM Pacific Time (US & Canada) Opinion of the System - FAQ Thoughts So many CCTV videos that we see have very bad resolution. If you're going to invest in cameras I think facial recogniton and being able to read license plates are 2 primary ways to identify criminals so why wouldn't that be included. If you're going to do it, do it as well as you can. 644 Probolsky Research – City of La Quinta Focus Group Report – April 2019 79 2.1.8 HarrySc (Gender: M, Age: 65+, Ethnicity: None) 4/26/2019 8:03 AM Pacific Time (US & Canada) Opinion of the System - FAQ Thoughts Sounds like a sensible pilot program. We need to stop the young drivers who weave and speed on Washington street south of 111 though and we need a DUI road block for alcohol abuse and we need to get every loud motor cycle on eisenhower late at night. 2.1.8.1 HarrySc (Gender: M, Age: 65+, Ethnicity: None) 4/26/2019 8:05 AM Pacific Time (US & Canada) Sounds sensible. We need a noise meter to curb the motor cycle noise on Eisenhower too. 2.1.9 StevenRo (Gender: M, Age: 55-64, Ethnicity: None) 4/26/2019 8:13 AM Pacific Time (US & Canada) Opinion of the System - FAQ Thoughts I am glad to see there is no hard cost but really feel you need more than a 90 day test. We are a valley of many highs and lows with traffic and I believe it is smart to see and review both periods to get a better understanding of it. 2.1.9.1 Adam (Project Manager) 4/26/2019 10:43 AM Pacific Time (US & Canada) How long of a test would you recommend? 2.1.10 StephanieKl (Gender: F, Age: 65+, Ethnicity: None) 4/26/2019 9:04 AM Pacific Time (US & Canada) Opinion of the System - FAQ Thoughts Will we receive any written summary report as to the effectiveness of the program? 2.1.10.1 Adam (Project Manager) 4/26/2019 10:43 AM Pacific Time (US & Canada) 645 Probolsky Research – City of La Quinta Focus Group Report – April 2019 80 There will certainly be a report generated for the City Council (and public). What information would you like to see in the report? 2.1.11 AmandaSi (Gender: F, Age: 35-44, Ethnicity: None) 4/26/2019 9:18 AM Pacific Time (US & Canada) Opinion of the System - FAQ Thoughts I think the locations are great. All busy intersections and since this is a pilot program I think the length of time is good. 2.1.12 SarinaAc (Gender: F, Age: 18-24, Ethnicity: None) 4/26/2019 9:34 AM Pacific Time (US & Canada) Opinion of the System - FAQ Thoughts I do worry about racial profiling because that is an issue that occurs greatly in the US, however, maybe the cameras will help to prove that the racial profiling that occurred was not correct and could prove someone to be innocent. 2.1.13 RichardMo (Gender: M, Age: 55-64, Ethnicity: None) 4/27/2019 1:07 PM Pacific Time (US & Canada) Opinion of the System - FAQ Thoughts It doesn't change my mind about the cameras. I still support it. I would like to see La Quinta make the feed available with a link off of the city website so we cn look at it from home. Residency verification can be used to view the camera feeds. 2.1.14 RonaldVi (Gender: M, Age: 45-54, Ethnicity: Latino) 4/27/2019 9:07 PM Pacific Time (US & Canada) Opinion of the System - FAQ Thoughts I am for the pilot program. 2.1.15 VanessaRa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/29/2019 11:46 PM Pacific Time (US & Canada) 646 Probolsky Research – City of La Quinta Focus Group Report – April 2019 81 Opinion of the System - FAQ Thoughts This explains the testing period but what exactly are benefits of having these three cameras permanently? 2.1.16 MaryJe (Gender: F, Age: 45-54, Ethnicity: None) 5/1/2019 10:37 AM Pacific Time (US & Canada) Opinion of the System - FAQ Thoughts seems reasonable 2.1.17 StephenCr (Gender: M, Age: 55-64, Ethnicity: None) 5/1/2019 1:32 PM Pacific Time (US & Canada) Opinion of the System - FAQ Thoughts collect data and review! 2.1.18 David BlaneHu (Gender: M, Age: 65+, Ethnicity: None) 5/1/2019 10:50 PM Pacific Time (US & Canada) Opinion of the System - FAQ Thoughts I feel this system will aid in tracking traffic flow rates as well. 2.1.19 ChristianaMu (Gender: F, Age: 18-24, Ethnicity: Latino) 5/2/2019 8:39 AM Pacific Time (US & Canada) Opinion of the System - FAQ Thoughts I like it. 2.1.20 PaulOr (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 9:26 AM Pacific Time (US & Canada) 647 Probolsky Research – City of La Quinta Focus Group Report – April 2019 82 Opinion of the System - FAQ Thoughts As I understand by following the current news around the world cameras are being installed in major cities to help and prevent terrorism threats. And catch perpetrators. 2.1.21 CharlesHa (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 9:53 AM Pacific Time (US & Canada) Opinion of the System - FAQ Thoughts Generally supportive. Interesting to read some comments in that a few people think the existing cameras at intersections are used to record speeders or those who run red lights. They don't do either, as that is against state law. The existing cameras are used to cycle the lights, such as to green if a car is waiting, or a green arrow if a car is in the left turn lane. 2.1.22 MarkKa (Gender: M, Age: 65+, Ethnicity: None) 5/5/2019 11:20 AM Pacific Time (US & Canada) Opinion of the System - FAQ Thoughts Sounds like all areas are covered appropriately. I would suggest the very south of La Quinta have cameras as well such as Madison/60th 2.2 - Effective? Do you think the La Quinta Public Safety Camera System will be an effective solution for improving public safety and traffic management in the City? Why or why not? Responses 2.2.1 LindaGu (Gender: F, Age: 55-64, Ethnicity: None) 4/23/2019 5:16 PM Pacific Time (US & Canada) Opinion of the System - Effective? NO! for all the reasons I previously stated and it is proven in other cities that these cameras are a huge waste of money. Prove more police hours. 2.2.2 PaulMc (Gender: M, Age: 55-64, Ethnicity: None) 4/24/2019 2:41 PM Pacific Time (US & Canada) 648 Probolsky Research – City of La Quinta Focus Group Report – April 2019 83 Opinion of the System - Effective? Monitoring is not prevention. A camera does not slow a car down but an oncoming police vehicle does. A camera will not be any part of prevention of me getting hit on my bike but once again, a view of a police car might. 2.2.3 EstherRo (Gender: F, Age: 25-34, Ethnicity: Latino) 4/25/2019 9:20 AM Pacific Time (US & Canada) Opinion of the System - Effective? Yes could be effective if someone is monitoring the cameras 24/7 2.2.4 JacquelineZa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/25/2019 12:02 PM Pacific Time (US & Canada) Opinion of the System - Effective? Absolutely! Like I've mentioned it'll help arrest those who are committing crime. 2.2.5 DeanMo (Gender: M, Age: 35-44, Ethnicity: None) 4/25/2019 4:52 PM Pacific Time (US & Canada) Opinion of the System - Effective? (Private message to moderators) As long as they continue to improve them I think it could work. 2.2.6 NicholeBo (Gender: F, Age: 35-44, Ethnicity: Latino) 4/25/2019 7:14 PM Pacific Time (US & Canada) Opinion of the System - Effective? I think it's an effective Piece but it can't be the only solution. Cameras, combined with other researched based effective solutions/ programs that have worked for other cities would be a better approach. I don't know what those other programs and solutions look like, but I'm sure there is data out there. This is a pilot program, meaning that you have to implement it and collect data to measure its effectiveness. If you don't ever pilot a program with cameras, then you'll never know but I think it's the way of the future. I would rather Cameras in select public areas than another police office in every corner. I have cameras recording me down every aisle of the store so what's the difference? And if they prevent crime in stores than why wouldn't it work for the city ? 649 Probolsky Research – City of La Quinta Focus Group Report – April 2019 84 2.2.7 MaryMi (Gender: F, Age: 65+, Ethnicity: None) 4/25/2019 10:36 PM Pacific Time (US & Canada) Opinion of the System - Effective? I think it will approve public safety. However I don't think it will improve traffic. 2.2.8 HarrySc (Gender: M, Age: 65+, Ethnicity: None) 4/26/2019 8:05 AM Pacific Time (US & Canada) Opinion of the System - Effective? Yes 2.2.9 StevenRo (Gender: M, Age: 55-64, Ethnicity: None) 4/26/2019 8:15 AM Pacific Time (US & Canada) Opinion of the System - Effective? I believe it will assist with helping to analyze why we have issues in certain areas. IT can be a part to a solution, but not the end all be all. Due to traffic patterns and events, there are certain areas that need more than just monitoring. 2.2.10 StephanieKl (Gender: F, Age: 65+, Ethnicity: None) 4/26/2019 9:06 AM Pacific Time (US & Canada) Opinion of the System - Effective? I do if the infractions are enforced sand the public is made aware of the incidents and the enforcement method so that perpetrators are warned that here is a consequence to their actions. 2.2.11 AmandaSi (Gender: F, Age: 35-44, Ethnicity: None) 4/26/2019 9:20 AM Pacific Time (US & Canada) Opinion of the System - Effective? I'm not sure. I don't think that safety camera are the best way to improve traffic management. But I do believe when a police officer is pulling people over and issuing tickets when they are breaking the law as a more effective solution. 2.2.12 SarinaAc (Gender: F, Age: 18-24, Ethnicity: None) 4/26/2019 9:39 AM Pacific Time (US & Canada) 650 Probolsky Research – City of La Quinta Focus Group Report – April 2019 85 Opinion of the System - Effective? For public safety it can only help if the cameras are being monitored 24/7 and allow for direct contact with law enforcement. I don't, however, believe that traffic should be governed by cameras. This just seems like a ploy to make more money off of tickets for speeding and other offences. Public safety is more important to me than traffic violations. 2.2.13 RichardMo (Gender: M, Age: 55-64, Ethnicity: None) 4/27/2019 1:08 PM Pacific Time (US & Canada) Opinion of the System - Effective? I do think that it will. The City can view different intersections and possibly make the necessary changes to allow the traffic to flow better. 2.2.14 RonaldVi (Gender: M, Age: 45-54, Ethnicity: Latino) 4/27/2019 9:12 PM Pacific Time (US & Canada) Opinion of the System - Effective? "Traffic management"— what exactly does this entail? Is it citation mechanism for infractions? I'd like to see the results of the pilot program first to learn exactly what the focus is of these cams. 2.2.15 VanessaRa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/29/2019 11:47 PM Pacific Time (US & Canada) Opinion of the System - Effective? Yes, as there is now evidence recorded on these cameras and also live data on traffic. 2.2.16 MaryJe (Gender: F, Age: 45-54, Ethnicity: None) 5/1/2019 10:37 AM Pacific Time (US & Canada) Opinion of the System - Effective? Yes I do 2.2.17 StephenCr (Gender: M, Age: 55-64, Ethnicity: None) 5/1/2019 1:34 PM Pacific Time (US & Canada) 651 Probolsky Research – City of La Quinta Focus Group Report – April 2019 86 Opinion of the System - Effective? Look at data from similar situations in other cities! 2.2.18 David BlaneHu (Gender: M, Age: 65+, Ethnicity: None) 5/1/2019 10:55 PM Pacific Time (US & Canada) Opinion of the System - Effective? Public safety not so much.., but will generate a lot more revenue off the backs of our neighbors for minor traffic violations. I'm not a fan of the system for that matter or for using it to profile people of color. 2.2.19 ChristianaMu (Gender: F, Age: 18-24, Ethnicity: Latino) 5/2/2019 8:40 AM Pacific Time (US & Canada) Opinion of the System - Effective? Yes. People behave better when they know they are being watched. 2.2.20 PaulOr (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 9:28 AM Pacific Time (US & Canada) Opinion of the System - Effective? No question, its needed. Traffic is sometimes overwhelming. 2.2.21 CharlesHa (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 9:55 AM Pacific Time (US & Canada) Opinion of the System - Effective? I am cautiously optimistic. It could be less expensive than having patrol cars everywhere, but it would require 24/7 monitoring. 2.2.22 MarkKa (Gender: M, Age: 65+, Ethnicity: None) 5/5/2019 11:20 AM Pacific Time (US & Canada) 652 Probolsky Research – City of La Quinta Focus Group Report – April 2019 87 Opinion of the System - Effective? It depends on the effectiveness and diligence of the persons monitoring the system 2.3 - Concerns Do you have any concerns about the La Quinta Public Safety Camera System? Responses 2.3.1 LindaGu (Gender: F, Age: 55-64, Ethnicity: None) 4/23/2019 5:17 PM Pacific Time (US & Canada) Opinion of the System - Concerns YES...I am concerned that is only a way to get more money into the pocket of a council member and his buddies. 2.3.1.1 Adam (Project Manager) 4/26/2019 10:48 AM Pacific Time (US & Canada) Your feedback is appreciated. Can you explain if you are accusing City elected leaders of committing crimes or just your dissatisfaction with their leadership. 2.3.2 PaulMc (Gender: M, Age: 55-64, Ethnicity: None) 4/24/2019 2:42 PM Pacific Time (US & Canada) Opinion of the System - Concerns Not fiscally sound. Not proven. 2.3.3 EstherRo (Gender: F, Age: 25-34, Ethnicity: Latino) 4/25/2019 9:21 AM Pacific Time (US & Canada) 653 Probolsky Research – City of La Quinta Focus Group Report – April 2019 88 Opinion of the System - Concerns No 2.3.4 JacquelineZa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/25/2019 12:03 PM Pacific Time (US & Canada) Opinion of the System - Concerns As long as it helps monitor and does Noh take away cops jobs or reduce there time watch I am forward it. 2.3.5 DeanMo (Gender: M, Age: 35-44, Ethnicity: None) 4/25/2019 4:52 PM Pacific Time (US & Canada) Opinion of the System - Concerns (Private message to moderators) No 2.3.6 NicholeBo (Gender: F, Age: 35-44, Ethnicity: Latino) 4/25/2019 7:18 PM Pacific Time (US & Canada) Opinion of the System - Concerns As mentioned, there is the concern of privacy and racial profiling. It's a little daunting to have cameras in more places as well. I used to hate cameras at Lights in LA. I don't approve of the cameras being used to impose parking tickets and minor traffic violations. They should be used for the purpose of general safety. Not to send people tickets in the mail. Because they are east to appeal. 2.3.6.1 Adam (Project Manager) 4/26/2019 10:49 AM Pacific Time (US & Canada) This system is not being used for traffic tickets. Do you think it is important to explain that to the public? 2.3.7 MaryMi (Gender: F, Age: 65+, Ethnicity: None) 4/25/2019 10:37 PM Pacific Time (US & Canada) 654 Probolsky Research – City of La Quinta Focus Group Report – April 2019 89 Opinion of the System - Concerns No, except after reading what was provided to us I'm concerned that they DONT have facial recognition or lic plate readers. If cameras are meant to identify problems, then identify the problematic people. 2.3.8 HarrySc (Gender: M, Age: 65+, Ethnicity: None) 4/26/2019 8:06 AM Pacific Time (US & Canada) Opinion of the System - Concerns In Chicago they ticketed wrong cars for red light violations for years until they finally believed the drivers. It needs to be m onitored for accuracy. 2.3.9 StevenRo (Gender: M, Age: 55-64, Ethnicity: None) 4/26/2019 8:16 AM Pacific Time (US & Canada) Opinion of the System - Concerns None at all. I am happy to see that we are open to new technologies as a potential to assist us. 2.3.10 StephanieKl (Gender: F, Age: 65+, Ethnicity: None) 4/26/2019 9:07 AM Pacific Time (US & Canada) Opinion of the System - Concerns I would like to know what the eventual cost to the taxpayer will be once the program is implemented. 2.3.10.1 Adam (Project Manager) 4/26/2019 10:51 AM Pacific Time (US & Canada) is there a specific price tag you think would be reasonable, that you would support? How would you approach evaluating whether the cost was right? 2.3.11 AmandaSi (Gender: F, Age: 35-44, Ethnicity: None) 4/26/2019 9:21 AM Pacific Time (US & Canada) 655 Probolsky Research – City of La Quinta Focus Group Report – April 2019 90 Opinion of the System - Concerns Not at this time. 2.3.12 SarinaAc (Gender: F, Age: 18-24, Ethnicity: None) 4/26/2019 9:40 AM Pacific Time (US & Canada) Opinion of the System - Concerns There is a worry that the cameras will accuse the wrong people of wrongdoing due to profiling and that there will be policing of minor offenses like speeding. 2.3.13 RichardMo (Gender: M, Age: 55-64, Ethnicity: None) 4/27/2019 1:09 PM Pacific Time (US & Canada) Opinion of the System - Concerns No 2.3.14 RonaldVi (Gender: M, Age: 45-54, Ethnicity: Latino) 4/27/2019 9:15 PM Pacific Time (US & Canada) Opinion of the System - Concerns My main concern is about the uses the traffic cameras will be for at these locations. Will they be used to monitor and enforce traffic laws by the issuance of citations, or to alert police and fire in the event of accidents or obstructions in the streets? 2.3.15 VanessaRa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/29/2019 11:49 PM Pacific Time (US & Canada) Opinion of the System - Concerns Will the public be able to be involved in anyway or at least informed that racially profiling or things of that sort will be monitored and regulated? 2.3.15.1 Adam (Project Manager) 4/30/2019 9:08 PM Pacific Time (US & Canada) 656 Probolsky Research – City of La Quinta Focus Group Report – April 2019 91 Good question. I am confident that would violate City policy. But is that something you would like to learn more about? 2.3.16 MaryJe (Gender: F, Age: 45-54, Ethnicity: None) 5/1/2019 10:38 AM Pacific Time (US & Canada) Opinion of the System - Concerns no I believe it is necessary 2.3.17 StephenCr (Gender: M, Age: 55-64, Ethnicity: None) 5/1/2019 1:34 PM Pacific Time (US & Canada) Opinion of the System - Concerns No. 2.3.18 David BlaneHu (Gender: M, Age: 65+, Ethnicity: None) 5/1/2019 11:01 PM Pacific Time (US & Canada) Opinion of the System - Concerns As I described before... a system like this can indeed be a help.... in the wrong hands it could creat a whole lot of infringement lawsuits for invading people's personal privacy. 2.3.19 ChristianaMu (Gender: F, Age: 18-24, Ethnicity: Latino) 5/2/2019 8:40 AM Pacific Time (US & Canada) Opinion of the System - Concerns No. 2.3.20 PaulOr (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 9:28 AM Pacific Time (US & Canada) 657 Probolsky Research – City of La Quinta Focus Group Report – April 2019 92 Opinion of the System - Concerns none at all. 2.3.21 CharlesHa (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 9:56 AM Pacific Time (US & Canada) Opinion of the System - Concerns I hope it is well thought out and has plenty of citizen input before it is implemented. 2.3.22 MarkKa (Gender: M, Age: 65+, Ethnicity: None) 5/5/2019 11:21 AM Pacific Time (US & Canada) Opinion of the System - Concerns Not yet 2.4 - Policies/Procedures Please review the following document which contains La Quinta Public Safety Camera System Draft Policies and Procedures and provide your thoughts. WHITEBOARD PoliciesProceduresPSCS0208.pdf Responses 2.4.1 LindaGu (Gender: F, Age: 55-64, Ethnicity: None) 4/23/2019 5:17 PM Pacific Time (US & Canada) 658 Probolsky Research – City of La Quinta Focus Group Report – April 2019 93 Opinion of the System - Policies/Procedures WASTEFUL SPENDING again! 2.4.2 PaulMc (Gender: M, Age: 55-64, Ethnicity: None) 4/24/2019 2:45 PM Pacific Time (US & Canada) Opinion of the System - Policies/Procedures After reading this document, I am even more opposed to the full implementation of a project like this. Please show the feedback (both pro and con) from other cities using this technology. 2.4.3 EstherRo (Gender: F, Age: 25-34, Ethnicity: Latino) 4/25/2019 9:25 AM Pacific Time (US & Canada) Opinion of the System - Policies/Procedures Will someone be monitoring these cameras 24/7?? Is my only concern. 2.4.4 JacquelineZa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/25/2019 12:07 PM Pacific Time (US & Canada) Opinion of the System - Policies/Procedures I like the fact that policy states that it will not chance the police procedures. I am sure that s that the mayor concern for most. 2.4.5 DeanMo (Gender: M, Age: 35-44, Ethnicity: None) 4/25/2019 4:53 PM Pacific Time (US & Canada) Opinion of the System - Policies/Procedures (Private message to moderators) looks good 2.4.6 NicholeBo (Gender: F, Age: 35-44, Ethnicity: Latino) 4/25/2019 10:43 PM Pacific Time (US & Canada) 659 Probolsky Research – City of La Quinta Focus Group Report – April 2019 94 Opinion of the System - Policies/Procedures The plan clearly outlines the protection of the privacy of citizens and residents according the laws in place. It is to be monitored yearly for effectiveness and to observe trends in crime. I do question the line about arresting offenders as it seems a bit vague . More clarification should be stated as to what type of offenders. 2.4.6.1 NicholeBo (Gender: F, Age: 35-44, Ethnicity: Latino) 4/25/2019 10:48 PM Pacific Time (US & Canada) I think facial recognition is a violation of the everyday citizen's privacy and has been proven to be less reliable for people of color, making a lot of room for error and wrong accusations. I'm glad it's not included in this Techlonogy although I do understand the comment about poor resolution. That could be an issue. 2.4.7 MaryMi (Gender: F, Age: 65+, Ethnicity: None) 4/25/2019 10:53 PM Pacific Time (US & Canada) Opinion of the System - Policies/Procedures I'm happy to see there is an emphasis on respecting the privacy of residential areas, the transparency to residents, and the intention to continue to be a city who realizes the value of technology and adapting it for the public good. One reason I moved here is the progressive nature of the city to use technology to better serve the public. I would say that those who make decisions should carefully consider what solutions will get us farther into the future and be built on a platform that easily allows integration with other systems and which of those systems are likely to reach fruition. Don't cut corners to save money if it means losing out on premium results. Having cameras but no facial recognition or license readers is 1/2 a solution, in all consideration of technology, look for optimal results. 2.4.8 HarrySc (Gender: M, Age: 65+, Ethnicity: None) 4/26/2019 8:08 AM Pacific Time (US & Canada) Opinion of the System - Policies/Procedures We need to monitor the sound of some cars and many motorcycles. 2.4.9 StevenRo (Gender: M, Age: 55-64, Ethnicity: None) 4/26/2019 8:20 AM Pacific Time (US & Canada) Opinion of the System - Policies/Procedures I think its great. Only concern I have is a potential public records request. Will cost get out of hand with people making request to get a copy of video? Don't mean for it to sound petty unless of course it is an easy task to produce. Then you have the issue of people feeling as if there privacy is being invaded? I do not think and feel that is the case. How is that dealt with? IF you are out in 660 Probolsky Research – City of La Quinta Focus Group Report – April 2019 95 the public does it need to be posted somewhere that you are being taped so it is not a potential of violation of privacy? 2.4.10 StephanieKl (Gender: F, Age: 65+, Ethnicity: None) 4/26/2019 9:11 AM Pacific Time (US & Canada) Opinion of the System - Policies/Procedures It seems that all the basis are covered. My only concern is that the program actually works and that enforcement activities are publicized. 2.4.10.1 Adam (Project Manager) 4/26/2019 10:55 AM Pacific Time (US & Canada) How would you like to see enforcement activities publicized. Do you think specific actions taken by the police and City based on the cameras should be reported publicly? 2.4.11 AmandaSi (Gender: F, Age: 35-44, Ethnicity: None) 4/26/2019 9:23 AM Pacific Time (US & Canada) Opinion of the System - Policies/Procedures It makes sense to place the cameras in identified specific areas of need, but sadly I feel that more cameras would be needed to cover more areas to be more effective. I understand this takes time and money. 2.4.12 SarinaAc (Gender: F, Age: 18-24, Ethnicity: None) 4/26/2019 9:44 AM Pacific Time (US & Canada) Opinion of the System - Policies/Procedures I do not understand how these cameras will stop gang activity just because people will be aware of them and avoid them. If the goal, however, is to place the cameras everywhere then it is scary. I don't like the fact that every second of our lives are recorded and stored. 2.4.13 RichardMo (Gender: M, Age: 55-64, Ethnicity: None) 4/27/2019 1:11 PM Pacific Time (US & Canada) Opinion of the System - Policies/Procedures Looks like a standard policy. It's good. 661 Probolsky Research – City of La Quinta Focus Group Report – April 2019 96 2.4.14 RonaldVi (Gender: M, Age: 45-54, Ethnicity: Latino) 4/27/2019 9:23 PM Pacific Time (US & Canada) Opinion of the System - Policies/Procedures 1. No mention of how images and video are provided to or shared with other agencies requesting them..2. Black out technology for residences in view of recording—takes place after recording or before? 2.4.15 VanessaRa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/29/2019 11:50 PM Pacific Time (US & Canada) Opinion of the System - Policies/Procedures Will the exact locations of all these cameras ever be known to the public? 2.4.15.1 Adam (Project Manager) 4/30/2019 9:08 PM Pacific Time (US & Canada) Absolutely. It will be public information. 2.4.16 StephenCr (Gender: M, Age: 55-64, Ethnicity: None) 5/1/2019 1:35 PM Pacific Time (US & Canada) Opinion of the System - Policies/Procedures Has a lawyer reviewed this document? 2.4.16.1 Adam (Project Manager) 5/1/2019 1:47 PM Pacific Time (US & Canada) The City has a City Attorney that I am sure has. What do you think they should be looking for? 2.4.17 David BlaneHu (Gender: M, Age: 65+, Ethnicity: None) 5/1/2019 11:14 PM Pacific Time (US & Canada) 662 Probolsky Research – City of La Quinta Focus Group Report – April 2019 97 Opinion of the System - Policies/Procedures I would be willing to bet that if the people of the community were a allowed to vote on this program, that it would get voted down. The more I read about it and who you outline that will have access to the decision making is quite alarming to me. 2.4.18 ChristianaMu (Gender: F, Age: 18-24, Ethnicity: Latino) 5/2/2019 8:40 AM Pacific Time (US & Canada) Opinion of the System - Policies/Procedures It's fine with me. 2.4.19 PaulOr (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 9:37 AM Pacific Time (US & Canada) Opinion of the System - Policies/Procedures I have no problem in my mind that the use of cameras in strategic areas are very important to help the city become a safe environment for traffic problems and law enforcement. 2.4.20 CharlesHa (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 9:57 AM Pacific Time (US & Canada) Opinion of the System - Policies/Procedures No comments 2.4.21 MarkKa (Gender: M, Age: 65+, Ethnicity: None) 5/5/2019 11:22 AM Pacific Time (US & Canada) Opinion of the System - Policies/Procedures sounds fine 2.5 - Improvements 663 Probolsky Research – City of La Quinta Focus Group Report – April 2019 98 Based on what you know now, how could the La Quinta Public Safety Camera System be improved? Are there any features you think could be added or changes made to make it more valuable? Responses 2.5.1 LindaGu (Gender: F, Age: 55-64, Ethnicity: None) 4/23/2019 5:18 PM Pacific Time (US & Canada) Opinion of the System - Improvements Forget the whole idea and spend the money on police protection. 2.5.2 PaulMc (Gender: M, Age: 55-64, Ethnicity: None) 4/24/2019 2:47 PM Pacific Time (US & Canada) Opinion of the System - Improvements I only support placing cameras on building to protect them from vandals and thieves. I do not support cameras on streets, parks or hiking trails at this time. This will only change when I see a full picture of other cities results. 2.5.2.1 Adam (Project Manager) 4/26/2019 10:56 AM Pacific Time (US & Canada) Other cities have found success with cameras. What details would you like to see from other cities about cameras? 2.5.3 EstherRo (Gender: F, Age: 25-34, Ethnicity: Latino) 4/25/2019 9:28 AM Pacific Time (US & Canada) Opinion of the System - Improvements If someone breaks into my home and i need to review this video footage as a resident to help identify a person and will the city make it impossible to view it should be easily accessible to residents. 2.5.3.1 Adam (Project Manager) 4/26/2019 11:05 AM Pacific Time (US & Canada) 664 Probolsky Research – City of La Quinta Focus Group Report – April 2019 99 The City will not be putting cameras in residential neighborhoods and blacks out footage of any private property. 2.5.4 JacquelineZa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/25/2019 12:15 PM Pacific Time (US & Canada) Opinion of the System - Improvements I do not have a complaint. I would just include if there is a cost that the city is providing toward this. I believe many will have an open mind when see the money being used. As there are individuals that think it's a waste of money. I do not think it's a waste as it's to improve our safety. 2.5.5 DeanMo (Gender: M, Age: 35-44, Ethnicity: None) 4/25/2019 4:54 PM Pacific Time (US & Canada) Opinion of the System - Improvements (Private message to moderators) No 2.5.6 NicholeBo (Gender: F, Age: 35-44, Ethnicity: Latino) 4/25/2019 10:50 PM Pacific Time (US & Canada) Opinion of the System - Improvements Perhaps higher resolution cameras. Also, more specific guidelines of how the recordings will be used to prosecute "offenders". I find that vocabulary very open to how it could be used by police. 2.5.7 MaryMi (Gender: F, Age: 65+, Ethnicity: None) 4/25/2019 10:54 PM Pacific Time (US & Canada) Opinion of the System - Improvements Yes, facial recognition and license plate readers! 2.5.8 HarrySc (Gender: M, Age: 65+, Ethnicity: None) 4/26/2019 8:09 AM Pacific Time (US & Canada) 665 Probolsky Research – City of La Quinta Focus Group Report – April 2019 100 Opinion of the System - Improvements Give a warning ticket for the slight violations and a traffic ticket for the outright ignoring of stop lights. Two warning sis a ticket. 2.5.9 StevenRo (Gender: M, Age: 55-64, Ethnicity: None) 4/26/2019 8:20 AM Pacific Time (US & Canada) Opinion of the System - Improvements Too early to tell just yet. I like the idea but want to see what results are gained from it before we add to it 2.5.10 StephanieKl (Gender: F, Age: 65+, Ethnicity: None) 4/26/2019 9:12 AM Pacific Time (US & Canada) Opinion of the System - Improvements Again, I just question the location of the initial cameras. There are many more intersections that I can think if that would be more in need. 2.5.11 AmandaSi (Gender: F, Age: 35-44, Ethnicity: None) 4/26/2019 9:23 AM Pacific Time (US & Canada) Opinion of the System - Improvements Only the placement of more cameras if the system proves to be effective. 2.5.12 SarinaAc (Gender: F, Age: 18-24, Ethnicity: None) 4/26/2019 9:45 AM Pacific Time (US & Canada) Opinion of the System - Improvements Nothing comes to mind. 2.5.13 RichardMo (Gender: M, Age: 55-64, Ethnicity: None) 4/27/2019 1:11 PM Pacific Time (US & Canada) 666 Probolsky Research – City of La Quinta Focus Group Report – April 2019 101 Opinion of the System - Improvements No comment yet. Let;\'s see how the trial period ends. 2.5.14 RonaldVi (Gender: M, Age: 45-54, Ethnicity: Latino) 4/27/2019 9:25 PM Pacific Time (US & Canada) Opinion of the System - Improvements If cams are all in public places perhaps allow live public viewing of all cams in operation in the interest of transparency. 2.5.15 VanessaRa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/29/2019 11:52 PM Pacific Time (US & Canada) Opinion of the System - Improvements Will these cameras in anyway interfere with our ecosystem or somehow impact one of our desert species? 2.5.16 StephenCr (Gender: M, Age: 55-64, Ethnicity: None) 5/1/2019 1:37 PM Pacific Time (US & Canada) Opinion of the System - Improvements I may have ideas following implementation of the pilot program... 2.5.17 ChristianaMu (Gender: F, Age: 18-24, Ethnicity: Latino) 5/2/2019 8:40 AM Pacific Time (US & Canada) Opinion of the System - Improvements no 2.5.18 PaulOr (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 9:45 AM Pacific Time (US & Canada) 667 Probolsky Research – City of La Quinta Focus Group Report – April 2019 102 Opinion of the System - Improvements I'm not sure I can add anything at this time. 2.5.19 CharlesHa (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 10:03 AM Pacific Time (US & Canada) Opinion of the System - Improvements No suggestions 2.5.20 MarkKa (Gender: M, Age: 65+, Ethnicity: None) 5/5/2019 11:23 AM Pacific Time (US & Canada) Opinion of the System - Improvements none i can think of 2.6 - Transparent? Starting in 2016 the City has discussed a Public Safety Camera System including at City Council meetings, articles in local publications, four community meetings with 41 attending, community focus groups with 47 attending, community survey with 714 responding, commission meetings, posts on the City website, Facebook, Nextdoor, and Twitter. There is also viewing of the camera footage on Tuesdays at 9 a.m. and Thursdays at 4 p.m. in the City Hall lobby throughout the pilot project. Do you think the City has been transparent about the Public Safety Camera System pilot program? Responses 2.6.1 LindaGu (Gender: F, Age: 55-64, Ethnicity: None) 4/23/2019 5:19 PM Pacific Time (US & Canada) 668 Probolsky Research – City of La Quinta Focus Group Report – April 2019 103 Opinion of the System - Transparent? NO...they never tell us which council member/city manager has a connection to the $$ in these deals. 2.6.1.1 Adam (Project Manager) 4/26/2019 11:10 AM Pacific Time (US & Canada) Government officials in California - including City elected officials and management - are required to report their investments and sources of income in publicly available documents. There are also laws that prohibit government officials from profiting from contracts with their agencies. Is there some specific concern or incident you can share? 2.6.2 PaulMc (Gender: M, Age: 55-64, Ethnicity: None) 4/24/2019 2:49 PM Pacific Time (US & Canada) Opinion of the System - Transparent? Until now, you have not got the information to me (nor a couple of my neighbors) so I question the dissemination methods. 2.6.3 EstherRo (Gender: F, Age: 25-34, Ethnicity: Latino) 4/25/2019 9:29 AM Pacific Time (US & Canada) Opinion of the System - Transparent? No i dont believe the city has been transparent about the program. 2.6.4 JacquelineZa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/25/2019 12:18 PM Pacific Time (US & Canada) Opinion of the System - Transparent? I like that the city is asking for the members opinion. 2.6.5 DeanMo (Gender: M, Age: 35-44, Ethnicity: None) 4/25/2019 4:54 PM Pacific Time (US & Canada) 669 Probolsky Research – City of La Quinta Focus Group Report – April 2019 104 Opinion of the System - Transparent? (Private message to moderators) Yes 2.6.6 NicholeBo (Gender: F, Age: 35-44, Ethnicity: Latino) 4/25/2019 10:53 PM Pacific Time (US & Canada) Opinion of the System - Transparent? Is this process transparent? Yes, I would say so. 2.6.7 MaryMi (Gender: F, Age: 65+, Ethnicity: None) 4/25/2019 10:58 PM Pacific Time (US & Canada) Opinion of the System - Transparent? The one thing not transparent and that I wonder about is are they testing the best cameras available, that show the most definition, or not. Cameras are only as good as the images captured and the resolution. 2.6.8 HarrySc (Gender: M, Age: 65+, Ethnicity: None) 4/26/2019 8:09 AM Pacific Time (US & Canada) Opinion of the System - Transparent? Yes 2.6.9 StevenRo (Gender: M, Age: 55-64, Ethnicity: None) 4/26/2019 8:25 AM Pacific Time (US & Canada) Opinion of the System - Transparent? I do, but there are many things going on. I realize it is open to all to attend meetings and even review. 2.6.10 StephanieKl (Gender: F, Age: 65+, Ethnicity: None) 4/26/2019 9:13 AM Pacific Time (US & Canada) 670 Probolsky Research – City of La Quinta Focus Group Report – April 2019 105 Opinion of the System - Transparent? Yes, that is one thing I admire about the city is their transparency. 2.6.11 AmandaSi (Gender: F, Age: 35-44, Ethnicity: None) 4/26/2019 9:24 AM Pacific Time (US & Canada) Opinion of the System - Transparent? Yes 2.6.12 SarinaAc (Gender: F, Age: 18-24, Ethnicity: None) 4/26/2019 9:46 AM Pacific Time (US & Canada) Opinion of the System - Transparent? I think viewing of the footage is extremely inappropriate. I don't see why the general public should watch what people do on the daily. 2.6.13 RichardMo (Gender: M, Age: 55-64, Ethnicity: None) 4/27/2019 1:12 PM Pacific Time (US & Canada) Opinion of the System - Transparent? Yes 2.6.14 RonaldVi (Gender: M, Age: 45-54, Ethnicity: Latino) 4/27/2019 9:26 PM Pacific Time (US & Canada) Opinion of the System - Transparent? No comment 2.6.15 VanessaRa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/29/2019 11:53 PM Pacific Time (US & Canada) 671 Probolsky Research – City of La Quinta Focus Group Report – April 2019 106 Opinion of the System - Transparent? Yes I do 2.6.16 StephenCr (Gender: M, Age: 55-64, Ethnicity: None) 5/1/2019 1:37 PM Pacific Time (US & Canada) Opinion of the System - Transparent? Yes. 2.6.17 ChristianaMu (Gender: F, Age: 18-24, Ethnicity: Latino) 5/2/2019 8:41 AM Pacific Time (US & Canada) Opinion of the System - Transparent? Yes. 2.6.18 PaulOr (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 9:47 AM Pacific Time (US & Canada) Opinion of the System - Transparent? Yes, they have been transparent in their efforts. 2.6.19 CharlesHa (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 10:06 AM Pacific Time (US & Canada) Opinion of the System - Transparent? Yes. However, some people (me included) do not use social media and may not be "connected" to the listed sources. My main source of La Quinta news is the Desert Sun (printed editions). It needs to be heavily publicized there, especially if additional citizen input is being sought. 2.6.20 MarkKa (Gender: M, Age: 65+, Ethnicity: None) 5/5/2019 11:24 AM Pacific Time (US & Canada) 672 Probolsky Research – City of La Quinta Focus Group Report – April 2019 107 Opinion of the System - Transparent? yes, I am sure they will be obtaining multiple bids for this system. Also, this will increase City administrative staff to process influx of violation appeals, etc 2.7 - Video Clip Please watch this example video clip from the La Quinta Public Safety Camera System pilot program and provide your thoughts on what you see. Please click on the video. NOTE: This video was taken in the City Hall lobby from a publicly available television screen. The ambient noise you hear is from people in the lobby, and not the camera footage. The cameras do not capture sound. WHITEBOARD Full length video 01:01 Responses 2.7.1 LindaGu (Gender: F, Age: 55-64, Ethnicity: None) 4/23/2019 5:21 PM Pacific Time (US & Canada) 673 Probolsky Research – City of La Quinta Focus Group Report – April 2019 108 Opinion of the System - Video Clip somebody is going to sit and watch this 24 hours a day?...or is it as I said, an after the fact recording. That will not prevent crime. 2.7.2 PaulMc (Gender: M, Age: 55-64, Ethnicity: None) 4/24/2019 2:53 PM Pacific Time (US & Canada) Opinion of the System - Video Clip I do not see anything beneficial to increase public safety. Little to no illegal activity takes place at that or the other intersections used in the pilot. I will ask once again for reports from other cites that have used such a system - both pro and con. 2.7.3 EstherRo (Gender: F, Age: 25-34, Ethnicity: Latino) 4/25/2019 9:34 AM Pacific Time (US & Canada) Opinion of the System - Video Clip What if a crime happens in private property how will that help residents, after viewing the camera system i believe it is a waste of money! 2.7.4 JacquelineZa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/25/2019 12:23 PM Pacific Time (US & Canada) Opinion of the System - Video Clip I like how it rotates. Interested in seeing this in public places. Perhaps big shopping centers, where crime can happen. 2.7.5 DeanMo (Gender: M, Age: 35-44, Ethnicity: None) 4/25/2019 4:56 PM Pacific Time (US & Canada) Opinion of the System - Video Clip (Private message to moderators) Awesome install more of them at all intersections 2.7.6 NicholeBo (Gender: F, Age: 35-44, Ethnicity: Latino) 4/25/2019 10:59 PM Pacific Time (US & Canada) 674 Probolsky Research – City of La Quinta Focus Group Report – April 2019 109 Opinion of the System - Video Clip I might not like it if my backyard was being masked. I could see how people living there would have issues with that. However, is is good they do that for privacy. As long as they aren't passing out crazy traffic tickets as a result, I think it's fine. 2.7.7 MaryMi (Gender: F, Age: 65+, Ethnicity: None) 4/25/2019 11:04 PM Pacific Time (US & Canada) Opinion of the System - Video Clip The resolution could be better. The cameras changing vantage point and rotating confuses me. Is one camera suppose to cover a 360 degree view? that makes for choppy footage and would not allow the police, for example, to follow suspicious activity and movement sequentially from camera to camera as movement happens. 2.7.8 HarrySc (Gender: M, Age: 65+, Ethnicity: None) 4/26/2019 8:12 AM Pacific Time (US & Canada) Opinion of the System - Video Clip The cross walk violation is technical since we have so few pedestrians in that area. Lighten up. 2.7.9 StephanieKl (Gender: F, Age: 65+, Ethnicity: None) 4/26/2019 9:16 AM Pacific Time (US & Canada) Opinion of the System - Video Clip I'm not sure that I learned anything about the system in this video except that people's privacy is important. 2.7.10 AmandaSi (Gender: F, Age: 35-44, Ethnicity: None) 4/26/2019 9:26 AM Pacific Time (US & Canada) Opinion of the System - Video Clip The footage is very clear and I like that activity in the crosswalk activates the camera to focus on that area to protect people. 2.7.11 SarinaAc (Gender: F, Age: 18-24, Ethnicity: None) 4/26/2019 9:48 AM Pacific Time (US & Canada) 675 Probolsky Research – City of La Quinta Focus Group Report – April 2019 110 Opinion of the System - Video Clip I like that the private property is masked by the black spots. I would not want my property to be broadcasted. However, somewhere there has to be footage of the private property without the black spots and that can be unnerving. 2.7.12 StevenRo (Gender: M, Age: 55-64, Ethnicity: None) 4/26/2019 12:02 PM Pacific Time (US & Canada) Opinion of the System - Video Clip Well done. Really like the feature 2.7.13 RichardMo (Gender: M, Age: 55-64, Ethnicity: None) 4/27/2019 1:15 PM Pacific Time (US & Canada) Opinion of the System - Video Clip My only thoughts right now is I hope you can see how at times we spend an absurd amount of time waiting for a light to turn green when there is absolutely no traffic around. 2.7.14 RonaldVi (Gender: M, Age: 45-54, Ethnicity: Latino) 4/27/2019 9:29 PM Pacific Time (US & Canada) Opinion of the System - Video Clip Impressed with video quality. 2.7.15 VanessaRa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/29/2019 11:55 PM Pacific Time (US & Canada) Opinion of the System - Video Clip The high quality does make a difference and I do hope it’s beneficial when it comes to helping improve our city 2.7.16 StephenCr (Gender: M, Age: 55-64, Ethnicity: None) 5/1/2019 1:39 PM Pacific Time (US & Canada) 676 Probolsky Research – City of La Quinta Focus Group Report – April 2019 111 Opinion of the System - Video Clip ok. 2.7.17 ChristianaMu (Gender: F, Age: 18-24, Ethnicity: Latino) 5/2/2019 8:41 AM Pacific Time (US & Canada) Opinion of the System - Video Clip Could be very beneficial for car accidents. 2.7.18 PaulOr (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 9:51 AM Pacific Time (US & Canada) Opinion of the System - Video Clip Seems to me drivers are adhering to California safe driving regulations. 2.7.19 CharlesHa (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 10:08 AM Pacific Time (US & Canada) Opinion of the System - Video Clip Excellent! 2.7.20 MarkKa (Gender: M, Age: 65+, Ethnicity: None) 5/5/2019 11:26 AM Pacific Time (US & Canada) Opinion of the System - Video Clip It is fine 2.8 - Important feature? 677 Probolsky Research – City of La Quinta Focus Group Report – April 2019 112 The La Quinta Public Safety Camera System blocks out views of private property and only captures video of public spaces. Is this important to you? Do you think this as an important feature the public should know about? Responses 2.8.1 LindaGu (Gender: F, Age: 55-64, Ethnicity: None) 4/23/2019 5:22 PM Pacific Time (US & Canada) Opinion of the System - Important feature? YES...stay out of my private life. 2.8.2 PaulMc (Gender: M, Age: 55-64, Ethnicity: None) 4/24/2019 2:54 PM Pacific Time (US & Canada) Opinion of the System - Important feature? This is the absolute least of my concerns with this project. 2.8.3 EstherRo (Gender: F, Age: 25-34, Ethnicity: Latino) 4/25/2019 9:35 AM Pacific Time (US & Canada) Opinion of the System - Important feature? I dont believe it helps its a waste of money! 2.8.4 JacquelineZa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/25/2019 12:25 PM Pacific Time (US & Canada) Opinion of the System - Important feature? Yes! I like this feature because although it helps catch crime I am sure one does not want to feel watch 24/7. Besides those with property should take alternatives in there own hands. I know I will have cameras in my home. 2.8.5 DeanMo (Gender: M, Age: 35-44, Ethnicity: None) 4/25/2019 4:57 PM Pacific Time (US & Canada) 678 Probolsky Research – City of La Quinta Focus Group Report – April 2019 113 Opinion of the System - Important feature? yes 2.8.6 NicholeBo (Gender: F, Age: 35-44, Ethnicity: Latino) 4/25/2019 11:02 PM Pacific Time (US & Canada) Opinion of the System - Important feature? It is very important and should be included. Privacy should be respected. 2.8.7 MaryMi (Gender: F, Age: 65+, Ethnicity: None) 4/25/2019 11:07 PM Pacific Time (US & Canada) Opinion of the System - Important feature? It is of PRIMARY importance. The value added shouldn't be at the expense of private citizens on private property which leads to mistrust of the city if that happens. Our homes are our sanctuaries. 2.8.8 HarrySc (Gender: M, Age: 65+, Ethnicity: None) 4/26/2019 8:12 AM Pacific Time (US & Canada) Opinion of the System - Important feature? No need to block private signage/ . If it is out in the open it is fair to video. 2.8.9 StephanieKl (Gender: F, Age: 65+, Ethnicity: None) 4/26/2019 9:17 AM Pacific Time (US & Canada) Opinion of the System - Important feature? Not really, There could be a lot of benefit from not blocking it out. You could conceivably catch a crime in progress if you don't block things out. 2.8.10 SarinaAc (Gender: F, Age: 18-24, Ethnicity: None) 4/26/2019 9:49 AM Pacific Time (US & Canada) 679 Probolsky Research – City of La Quinta Focus Group Report – April 2019 114 Opinion of the System - Important feature? Absolutely important. Private property is private for a reason. 2.8.11 AmandaSi (Gender: F, Age: 35-44, Ethnicity: None) 4/26/2019 10:39 AM Pacific Time (US & Canada) Opinion of the System - Important feature? It is important to keep public spaces safe, but it is just as important to keep private spaces safe. I spend more time at my home and it would be nice to have cameras in my neighborhood, but I do understand there is an extra expense associated with that. 2.8.12 StevenRo (Gender: M, Age: 55-64, Ethnicity: None) 4/26/2019 12:03 PM Pacific Time (US & Canada) Opinion of the System - Important feature? Yes, that really helps and puts to rest some issues that could come of it 2.8.13 RichardMo (Gender: M, Age: 55-64, Ethnicity: None) 4/27/2019 1:15 PM Pacific Time (US & Canada) Opinion of the System - Important feature? I do. Privacy is always a big concern with "Big Brother" 2.8.14 RonaldVi (Gender: M, Age: 45-54, Ethnicity: Latino) 4/27/2019 9:30 PM Pacific Time (US & Canada) Opinion of the System - Important feature? Absolutely 2.8.15 RonaldVi (Gender: M, Age: 45-54, Ethnicity: Latino) 4/27/2019 9:30 PM Pacific Time (US & Canada) 680 Probolsky Research – City of La Quinta Focus Group Report – April 2019 115 Opinion of the System - Important feature? Absolutely 2.8.16 VanessaRa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/29/2019 11:56 PM Pacific Time (US & Canada) Opinion of the System - Important feature? It is very important. It definitely should be emphasized so that the public is reassured that their privacy is respected 2.8.17 StephenCr (Gender: M, Age: 55-64, Ethnicity: None) 5/1/2019 1:40 PM Pacific Time (US & Canada) Opinion of the System - Important feature? As long as all private property is treated the same... 2.8.18 ChristianaMu (Gender: F, Age: 18-24, Ethnicity: Latino) 5/2/2019 8:42 AM Pacific Time (US & Canada) Opinion of the System - Important feature? Yes definitely. 2.8.19 PaulOr (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 9:52 AM Pacific Time (US & Canada) Opinion of the System - Important feature? Yes, no question 2.8.20 CharlesHa (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 10:10 AM Pacific Time (US & Canada) 681 Probolsky Research – City of La Quinta Focus Group Report – April 2019 116 Opinion of the System - Important feature? Important to block out addresses on homes, etc., and public should know about it. Not sure that the entrance building of a country club (even though private property) matters. 2.8.21 MarkKa (Gender: M, Age: 65+, Ethnicity: None) 5/5/2019 11:27 AM Pacific Time (US & Canada) Opinion of the System - Important feature? yes 2.9 - Areas of priority Recorded images from the Public Safety Camera System can be used for a variety of purposes, including criminal investigations, monitoring of high-value or high-threat areas and traffic management. Which of the following areas should be a priority for the System? Choose as many as you like. (17/20 - 85%) - To deter and identify criminal activity (16/20 - 80%) - To target identified areas of gang and narcotics complaints or activity (18/20 - 90%) - To respond to incidents (15/20 - 75%) - To assist in identifying, apprehending and prosecuting offenders (12/20 - 60%) - To document officer and offender conduct during interactions to safeguard the rights of the public and officers (12/20 - 60%) - To augment resources in a cost-effective manner (14/20 - 70%) - To monitor pedestrian and vehicle traffic activity View Chart Responses 2.9.1 LindaGu (Gender: F, Age: 55-64, Ethnicity: None) 4/23/2019 5:23 PM Pacific Time (US & Canada) 682 Probolsky Research – City of La Quinta Focus Group Report – April 2019 117 Opinion of the System - Areas of priority To respond to incidents none of the above 2.9.1.1 LindaGu (Gender: F, Age: 55-64, Ethnicity: None) 4/23/2019 5:23 PM Pacific Time (US & Canada) none of the above is not allowed 2.9.2 PaulMc (Gender: M, Age: 55-64, Ethnicity: None) 4/24/2019 2:56 PM Pacific Time (US & Canada) Opinion of the System - Areas of priority To augment resources in a cost-effective manner Please be fiscally responsible. This might mean to not pursue this project. I want to see data from ALL southern California cities who looked into implementing this project. 2.9.3 EstherRo (Gender: F, Age: 25-34, Ethnicity: Latino) 4/25/2019 9:37 AM Pacific Time (US & Canada) Opinion of the System - Areas of priority To deter and identify criminal activity To respond to incidents To monitor pedestrian and vehicle traffic activity No i believe its a waste of money we should have more officers patrolling! 2.9.4 JacquelineZa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/25/2019 12:28 PM Pacific Time (US & Canada) Opinion of the System - Areas of priority To deter and identify criminal activity To target identified areas of gang and narcotics complaints or activity To respond to incidents To assist in identifying, apprehending and prosecuting offenders To document officer and offender conduct during interactions to safeguard the rights of the public and officers To monitor pedestrian and vehicle traffic activity 683 Probolsky Research – City of La Quinta Focus Group Report – April 2019 118 I really like this programs for all these reasons. I would really like there to be camera in big shopping centers. I am aware that most business have it. But what happens in a scenario that a store gets robbed and the cameras can see that far out. 2.9.5 DeanMo (Gender: M, Age: 35-44, Ethnicity: None) 4/25/2019 4:58 PM Pacific Time (US & Canada) Opinion of the System - Areas of priority (Private message to moderators) To deter and identify criminal activity To target identified areas of gang and narcotics complaints or activity To respond to incidents To assist in identifying, apprehending and prosecuting offenders To document officer and offender conduct during interactions to safeguard the rights of the public and officers To augment resources in a cost-effective manner To monitor pedestrian and vehicle traffic activity All of the above 2.9.6 NicholeBo (Gender: F, Age: 35-44, Ethnicity: Latino) 4/25/2019 11:05 PM Pacific Time (US & Canada) Opinion of the System - Areas of priority To deter and identify criminal activity To target identified areas of gang and narcotics complaints or activity To respond to incidents To monitor pedestrian and vehicle traffic activity I checked traffic but I don't think every single minor traffic infraction should be pursued as a result. Rather as mentioned, a way to track high risk areas to hopefully improve traffic safety in those areas in the future. 2.9.7 MaryMi (Gender: F, Age: 65+, Ethnicity: None) 4/25/2019 11:12 PM Pacific Time (US & Canada) Opinion of the System - Areas of priority To deter and identify criminal activity To target identified areas of gang and narcotics complaints or activity To assist in identifying, apprehending and prosecuting offenders To augment resources in a cost-effective manner This question brought up another question for me. Do the police have body cameras? A camera with no sound mounted on high isn't going to accurately represent law enforcements interaction 684 Probolsky Research – City of La Quinta Focus Group Report – April 2019 119 with the public and safeguarding their rights. Body cameras will. These would not allow for a fair representation of law enforcements interactions with the public. 2.9.8 HarrySc (Gender: M, Age: 65+, Ethnicity: None) 4/26/2019 8:15 AM Pacific Time (US & Canada) Opinion of the System - Areas of priority To deter and identify criminal activity To target identified areas of gang and narcotics complaints or activity To respond to incidents To assist in identifying, apprehending and prosecuting offenders To augment resources in a cost-effective manner Two of these items (monitor police stops; monitor pedestrian activity are an abusive use of cameras. 2.9.8.1 HarrySc (Gender: M, Age: 65+, Ethnicity: None) 4/26/2019 8:16 AM Pacific Time (US & Canada) Police stops should be monitored with body cameras and police car cameras. Pedestrians should be left out of this. 2.9.9 StephanieKl (Gender: F, Age: 65+, Ethnicity: None) 4/26/2019 9:19 AM Pacific Time (US & Canada) Opinion of the System - Areas of priority To deter and identify criminal activity To target identified areas of gang and narcotics complaints or activity To respond to incidents To assist in identifying, apprehending and prosecuting offenders To monitor pedestrian and vehicle traffic activity The areas that I chose were the important ones for me. I'm not as concerned about monitoring the police as II am about monitoring the public! 2.9.10 SarinaAc (Gender: F, Age: 18-24, Ethnicity: None) 4/26/2019 9:51 AM Pacific Time (US & Canada) 685 Probolsky Research – City of La Quinta Focus Group Report – April 2019 120 Opinion of the System - Areas of priority To deter and identify criminal activity To target identified areas of gang and narcotics complaints or activity To respond to incidents To assist in identifying, apprehending and prosecuting offenders To document officer and offender conduct during interactions to safeguard the rights of the public and officers More policing of traffic does not seem needed. We have enough policy issuing tickets for minor offenses on the daily. 2.9.11 AmandaSi (Gender: F, Age: 35-44, Ethnicity: None) 4/26/2019 10:40 AM Pacific Time (US & Canada) Opinion of the System - Areas of priority To deter and identify criminal activity To target identified areas of gang and narcotics complaints or activity To respond to incidents To assist in identifying, apprehending and prosecuting offenders To document officer and offender conduct during interactions to safeguard the rights of the public and officers To augment resources in a cost-effective manner To monitor pedestrian and vehicle traffic activity If the system is in place and has the capabilities to monitor all purposes, then it should do so. These are all important. 2.9.12 StevenRo (Gender: M, Age: 55-64, Ethnicity: None) 4/26/2019 12:04 PM Pacific Time (US & Canada) Opinion of the System - Areas of priority To deter and identify criminal activity To target identified areas of gang and narcotics complaints or activity To respond to incidents To assist in identifying, apprehending and prosecuting offenders To document officer and offender conduct during interactions to safeguard the rights of the public and officers To augment resources in a cost-effective manner To monitor pedestrian and vehicle traffic activity All of the above lend itself to it being worthwhile 686 Probolsky Research – City of La Quinta Focus Group Report – April 2019 121 2.9.13 RichardMo (Gender: M, Age: 55-64, Ethnicity: None) 4/27/2019 1:16 PM Pacific Time (US & Canada) Opinion of the System - Areas of priority To deter and identify criminal activity To target identified areas of gang and narcotics complaints or activity To respond to incidents To assist in identifying, apprehending and prosecuting offenders To document officer and offender conduct during interactions to safeguard the rights of the public and officers To augment resources in a cost-effective manner To monitor pedestrian and vehicle traffic activity I chose all because I believe all of the choices are important to all residents 2.9.14 RonaldVi (Gender: M, Age: 45-54, Ethnicity: Latino) 4/27/2019 9:33 PM Pacific Time (US & Canada) Opinion of the System - Areas of priority To deter and identify criminal activity To target identified areas of gang and narcotics complaints or activity To respond to incidents To assist in identifying, apprehending and prosecuting offenders The cams are no replacement for cams worn by law enforcement. 2.9.15 VanessaRa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/29/2019 11:58 PM Pacific Time (US & Canada) Opinion of the System - Areas of priority To respond to incidents To document officer and offender conduct during interactions to safeguard the rights of the public and officers To monitor pedestrian and vehicle traffic activity All are important but those three are in my opinion what these cameras would help the most in statistically 2.9.16 StephenCr (Gender: M, Age: 55-64, Ethnicity: None) 5/1/2019 1:41 PM Pacific Time (US & Canada) 687 Probolsky Research – City of La Quinta Focus Group Report – April 2019 122 Opinion of the System - Areas of priority To deter and identify criminal activity To target identified areas of gang and narcotics complaints or activity To respond to incidents To assist in identifying, apprehending and prosecuting offenders To document officer and offender conduct during interactions to safeguard the rights of the public and officers To augment resources in a cost-effective manner To monitor pedestrian and vehicle traffic activity all 2.9.17 ChristianaMu (Gender: F, Age: 18-24, Ethnicity: Latino) 5/2/2019 8:43 AM Pacific Time (US & Canada) Opinion of the System - Areas of priority To deter and identify criminal activity To target identified areas of gang and narcotics complaints or activity To respond to incidents To assist in identifying, apprehending and prosecuting offenders To document officer and offender conduct during interactions to safeguard the rights of the public and officers To augment resources in a cost-effective manner To monitor pedestrian and vehicle traffic activity They are all very important. 2.9.18 PaulOr (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 9:53 AM Pacific Time (US & Canada) Opinion of the System - Areas of priority To deter and identify criminal activity To target identified areas of gang and narcotics complaints or activity To respond to incidents To assist in identifying, apprehending and prosecuting offenders To document officer and offender conduct during interactions to safeguard the rights of the public and officers To augment resources in a cost-effective manner To monitor pedestrian and vehicle traffic activity Yes, all of the above. 688 Probolsky Research – City of La Quinta Focus Group Report – April 2019 123 2.9.19 CharlesHa (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 10:15 AM Pacific Time (US & Canada) Opinion of the System - Areas of priority To deter and identify criminal activity To target identified areas of gang and narcotics complaints or activity To respond to incidents To assist in identifying, apprehending and prosecuting offenders To document officer and offender conduct during interactions to safeguard the rights of the public and officers To augment resources in a cost-effective manner To monitor pedestrian and vehicle traffic activity The listed goals are all worthwhile. However, to be honest, the system as shown in the example video will only cover some of what is in the list. Gangs, narcotic pushers, and other criminals aren't going to stand in front of the cameras, so the first two priorities won't be covered if the cameras are at intersections. It isn't clear if the system (as opposed to the clip we viewed) is higher resolution and will show license plate numbers in order to identify offenders. 2.9.20 MarkKa (Gender: M, Age: 65+, Ethnicity: None) 5/5/2019 11:29 AM Pacific Time (US & Canada) Opinion of the System - Areas of priority To deter and identify criminal activity To target identified areas of gang and narcotics complaints or activity To respond to incidents To assist in identifying, apprehending and prosecuting offenders To document officer and offender conduct during interactions to safeguard the rights of the public and officers To augment resources in a cost-effective manner To monitor pedestrian and vehicle traffic activity all of the above. Cost effectiveness is the key. What is the return on investment vs. additional expenses incurred by the City 3 - More Discussion 3.1 - Resident Statements 689 Probolsky Research – City of La Quinta Focus Group Report – April 2019 124 Please read the following statements made by residents and tell me which resident you agree with and why. SMITHsays: "The La Quinta Public Safety Camera System seems too invasive. We are safe, traffic isn't that bad, and we don't need government cameras recording our every move." JONESsays: "The La Quinta Public Safety Camera System is a great way to improve public safety and traffic management in La Quinta. It's an innovative use of technology by the City and I don't care if the City records public places." Who do you agree with more, SMITH or JONES? Why? (If you're having issues viewing the full statements, click View Media below.) WHITEBOARD Statements.html Responses 3.1.1 LindaGu (Gender: F, Age: 55-64, Ethnicity: None) 4/23/2019 5:24 PM Pacific Time (US & Canada) More Discussion - Resident Statements Smith...we do not need this expensive, useless system 3.1.2 PaulMc (Gender: M, Age: 55-64, Ethnicity: None) 4/24/2019 2:57 PM Pacific Time (US & Canada) More Discussion - Resident Statements Smith - refer to all my other posts 3.1.3 JacquelineZa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/25/2019 12:32 PM Pacific Time (US & Canada) 690 Probolsky Research – City of La Quinta Focus Group Report – April 2019 125 More Discussion - Resident Statements I couldn't couldn't see the rest of joes response. I definitely do not agree with smith. I like this idea as long as cops still do there routine check up. I think this is just an addition to ensure our safety. I am currently trying to form a family and it will be a piece of mind that my future children could live in a extremely secure community. 3.1.4 DeanMo (Gender: M, Age: 35-44, Ethnicity: None) 4/25/2019 4:59 PM Pacific Time (US & Canada) More Discussion - Resident Statements (Private message to moderators) Jones. Due to all of the crazy things going on in todays world its good to use technology to make it a safer place for everyone 3.1.5 MaryMi (Gender: F, Age: 65+, Ethnicity: None) 4/25/2019 11:15 PM Pacific Time (US & Canada) More Discussion - Resident Statements Jones - unfortunately law abiding citizens need all the tools they can get that help prevent and solve criminal activity. Cameras are an invasive necessary evil that give the common man a chance of prevention and if not that, prosecution. 3.1.6 HarrySc (Gender: M, Age: 65+, Ethnicity: None) 4/26/2019 8:17 AM Pacific Time (US & Canada) More Discussion - Resident Statements Jones. It puts eyes and ears out there at relative low expense. 3.1.7 StephanieKl (Gender: F, Age: 65+, Ethnicity: None) 4/26/2019 9:20 AM Pacific Time (US & Canada) More Discussion - Resident Statements I agree with Jones. It's people like Smith whose beliefs got us to where we are now! 3.1.8 SarinaAc (Gender: F, Age: 18-24, Ethnicity: None) 4/26/2019 9:52 AM Pacific Time (US & Canada) 691 Probolsky Research – City of La Quinta Focus Group Report – April 2019 126 More Discussion - Resident Statements I agree with Smith. I think the cameras are excessive. 3.1.9 NicholeBo (Gender: F, Age: 35-44, Ethnicity: Latino) 4/26/2019 10:27 AM Pacific Time (US & Canada) More Discussion - Resident Statements The second statement is cutoff so I don't know what her opinion was. I do not agree with the first statement that it is too expensive. Right now, it's a pilot program so no cost. And when an investment is needed, I still agree because I'm sick of my car being broken into ( three times in four years of living in la Quinta ). I had zero theft when living in Los Angeles for 8 plus years. And I had to park in some shady places!!! 3.1.10 EstherRo (Gender: F, Age: 25-34, Ethnicity: Latino) 4/26/2019 10:34 AM Pacific Time (US & Canada) More Discussion - Resident Statements Smith i agree with Smith 3.1.11 AmandaSi (Gender: F, Age: 35-44, Ethnicity: None) 4/26/2019 10:42 AM Pacific Time (US & Canada) More Discussion - Resident Statements Jones. These cameras are not recording our every move. They are monitoring public areas where people are occasionally and it can help with crime and safety and traffic management. These are all good things to help our community. 3.1.12 StevenRo (Gender: M, Age: 55-64, Ethnicity: None) 4/26/2019 12:05 PM Pacific Time (US & Canada) More Discussion - Resident Statements Jones I believe that precautions were taken to keep what needs to be private 3.1.13 RichardMo (Gender: M, Age: 55-64, Ethnicity: None) 4/27/2019 1:18 PM Pacific Time (US & Canada) 692 Probolsky Research – City of La Quinta Focus Group Report – April 2019 127 More Discussion - Resident Statements I agree with Jones. It will keep the residents a bit safer 3.1.14 RonaldVi (Gender: M, Age: 45-54, Ethnicity: Latino) 4/27/2019 9:37 PM Pacific Time (US & Canada) More Discussion - Resident Statements I am somewhere in between. In Areas of historically high incidents of crime cam monitoring/recording could be beneficial as evidence, not so much as a deterrent. Disguises can be used. 3.1.15 VanessaRa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/30/2019 12:00 AM Pacific Time (US & Canada) More Discussion - Resident Statements I agree with Jones. We must be prepared and evolve with our changing city. We dont have a lot of traffic but our city is definitely growing. Taking initiatives now will help maintain traffic low 3.1.16 StephenCr (Gender: M, Age: 55-64, Ethnicity: None) 5/1/2019 1:41 PM Pacific Time (US & Canada) More Discussion - Resident Statements Jones 3.1.17 ChristianaMu (Gender: F, Age: 18-24, Ethnicity: Latino) 5/2/2019 8:44 AM Pacific Time (US & Canada) More Discussion - Resident Statements Jones. I think it could be beneficial. 3.1.18 PaulOr (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 9:56 AM Pacific Time (US & Canada) 693 Probolsky Research – City of La Quinta Focus Group Report – April 2019 128 More Discussion - Resident Statements Agree with Jones. I just believe Smith has issues and something to hide. 3.1.19 CharlesHa (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 10:17 AM Pacific Time (US & Canada) More Discussion - Resident Statements I favor Jones. I am in favor of cameras, as long as there is citizen input on the policies and procedures. 3.1.20 MarkKa (Gender: M, Age: 65+, Ethnicity: None) 5/5/2019 11:29 AM Pacific Time (US & Canada) More Discussion - Resident Statements Jones 3.2 - Support/Oppose In the future, La Quinta City Council with at least one public hearing and community engagement could add other features such as crime analysis, gunshot detection, incident mapping, license plate and facial recognition. Would you support or oppose these uses? Why or why not? Responses 3.2.1 LindaGu (Gender: F, Age: 55-64, Ethnicity: None) 4/23/2019 5:25 PM Pacific Time (US & Canada) More Discussion - Support/Oppose Oppose...this is not L.A., yet. 694 Probolsky Research – City of La Quinta Focus Group Report – April 2019 129 3.2.2 PaulMc (Gender: M, Age: 55-64, Ethnicity: None) 4/24/2019 2:59 PM Pacific Time (US & Canada) More Discussion - Support/Oppose Each feature would have an added cost I am sure. Use cameras to protect our public buildings ONLY. Nothing on the streets until data supports it. 3.2.3 JacquelineZa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/25/2019 12:35 PM Pacific Time (US & Canada) More Discussion - Support/Oppose I will support. I know many might be against as they they the government is taking over. Those individuals are focus on the wrong thing. I am not one to agree with a lot of governments policies, yet I believe our safety is important. Most importantly, I look into the safety of my family. I will support anything that will ensure there safety. 3.2.4 DeanMo (Gender: M, Age: 35-44, Ethnicity: None) 4/25/2019 4:59 PM Pacific Time (US & Canada) More Discussion - Support/Oppose (Private message to moderators) Yes, it if makes the city a better and safer place I support it. 3.2.5 MaryMi (Gender: F, Age: 65+, Ethnicity: None) 4/25/2019 11:19 PM Pacific Time (US & Canada) More Discussion - Support/Oppose I absolutely support the expanded uses. IT provides more tools for the good guys against the bad guys. 10 years ago I may have felt differently, but reality now is that we are all on camera all day every day whenever out in public. 3.2.6 HarrySc (Gender: M, Age: 65+, Ethnicity: None) 4/26/2019 8:19 AM Pacific Time (US & Canada) More Discussion - Support/Oppose No. One step at a time. Some company is trying to seel the city more stuff. Let's see how this works before taking another step. 3.2.7 StephanieKl (Gender: F, Age: 65+, Ethnicity: None) 4/26/2019 9:21 AM Pacific Time (US & Canada) 695 Probolsky Research – City of La Quinta Focus Group Report – April 2019 130 More Discussion - Support/Oppose I would definitely support this. 3.2.8 SarinaAc (Gender: F, Age: 18-24, Ethnicity: None) 4/26/2019 9:55 AM Pacific Time (US & Canada) More Discussion - Support/Oppose Some of these features like facial detection is extremely excessive. It starts to feel like everyone is being policed every second of the day. 3.2.9 NicholeBo (Gender: F, Age: 35-44, Ethnicity: Latino) 4/26/2019 10:30 AM Pacific Time (US & Canada) More Discussion - Support/Oppose I do not support facial recognition ever. It's a violation of privacy. Isn't that what China is doing? No thanks. I do agree with tracking crime data and gunshot detection. I do not necessarily agree with license plate detection if they are going to start dinging everyday citizens for Minor traffic violations . 3.2.10 EstherRo (Gender: F, Age: 25-34, Ethnicity: Latino) 4/26/2019 10:35 AM Pacific Time (US & Canada) More Discussion - Support/Oppose I oppose of this would feel like an invasion of privacy! 3.2.11 AmandaSi (Gender: F, Age: 35-44, Ethnicity: None) 4/26/2019 10:43 AM Pacific Time (US & Canada) More Discussion - Support/Oppose I would support some features, depending on the cost. I think crime analysis and gunshot detection would be very helpful. 3.2.12 StevenRo (Gender: M, Age: 55-64, Ethnicity: None) 4/26/2019 12:06 PM Pacific Time (US & Canada) 696 Probolsky Research – City of La Quinta Focus Group Report – April 2019 131 More Discussion - Support/Oppose Yes, I would support it to further assist with crime prevention. 3.2.13 RichardMo (Gender: M, Age: 55-64, Ethnicity: None) 4/27/2019 1:19 PM Pacific Time (US & Canada) More Discussion - Support/Oppose It's all fine with me as long as our basic rights are not violated. 3.2.14 RonaldVi (Gender: M, Age: 45-54, Ethnicity: Latino) 4/27/2019 9:41 PM Pacific Time (US & Canada) More Discussion - Support/Oppose Oppose. I am wary of the overly intrusive nature of some of these capabilities. Does the crime rate in la Quinta truly warrant these extra measures? 3.2.15 VanessaRa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/30/2019 12:02 AM Pacific Time (US & Canada) More Discussion - Support/Oppose Yes, we are an evolving society and if our safety measures are never improved then we will become stagnant. 3.2.16 StephenCr (Gender: M, Age: 55-64, Ethnicity: None) 5/1/2019 1:41 PM Pacific Time (US & Canada) More Discussion - Support/Oppose Yes 3.2.17 ChristianaMu (Gender: F, Age: 18-24, Ethnicity: Latino) 5/2/2019 8:44 AM Pacific Time (US & Canada) 697 Probolsky Research – City of La Quinta Focus Group Report – April 2019 132 More Discussion - Support/Oppose All of the above 3.2.18 PaulOr (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 9:58 AM Pacific Time (US & Canada) More Discussion - Support/Oppose I would support these uses. 3.2.19 CharlesHa (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 10:18 AM Pacific Time (US & Canada) More Discussion - Support/Oppose Some worthwhile ideas, but serious citizen input is requisite. 3.2.20 MarkKa (Gender: M, Age: 65+, Ethnicity: None) 5/5/2019 11:30 AM Pacific Time (US & Canada) More Discussion - Support/Oppose Cost of the additional features. Again, return of investment vs cost. 3.3 - Support/Oppose Based on everything you now know, do you support or oppose the La Quinta Public Safety Camera System? Why or why not? Responses 3.3.1 LindaGu (Gender: F, Age: 55-64, Ethnicity: None) 4/23/2019 5:25 PM Pacific Time (US & Canada) 698 Probolsky Research – City of La Quinta Focus Group Report – April 2019 133 More Discussion - Support/Oppose Oppose. another wasteful project by this council. 3.3.2 PaulMc (Gender: M, Age: 55-64, Ethnicity: None) 4/24/2019 3:00 PM Pacific Time (US & Canada) More Discussion - Support/Oppose Still oppose it until data is available from other cities. 3.3.3 JacquelineZa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/25/2019 12:37 PM Pacific Time (US & Canada) More Discussion - Support/Oppose As I mentioned before. I support this program. I want raise my family in a secure areas. This programs will bring a piece of mind. Of course, with daily officer patrolling. 3.3.4 DeanMo (Gender: M, Age: 35-44, Ethnicity: None) 4/25/2019 5:00 PM Pacific Time (US & Canada) More Discussion - Support/Oppose (Private message to moderators) Yes, Safety is # 1 3.3.5 MaryMi (Gender: F, Age: 65+, Ethnicity: None) 4/25/2019 11:22 PM Pacific Time (US & Canada) More Discussion - Support/Oppose I support it. I want the city to be aware of the nefarious movements of some of us even if it means capturing the benign movements of the rest of us. 3.3.6 HarrySc (Gender: M, Age: 65+, Ethnicity: None) 4/26/2019 8:20 AM Pacific Time (US & Canada) 699 Probolsky Research – City of La Quinta Focus Group Report – April 2019 134 More Discussion - Support/Oppose Generally I support it. I want them to also monitor loud motorcylces. texting at stop lights and set up a DUI unannounced check point some Saturday nights near the clubs and resorts. 3.3.7 StephanieKl (Gender: F, Age: 65+, Ethnicity: None) 4/26/2019 9:23 AM Pacific Time (US & Canada) More Discussion - Support/Oppose I support the system if utilized in the right way. If there turns out to be a major impact in public safety, I'm all for it. If it turns out that the benefits don't outweigh the liabilities, than I would support discontinuance. 3.3.8 SarinaAc (Gender: F, Age: 18-24, Ethnicity: None) 4/26/2019 9:56 AM Pacific Time (US & Canada) More Discussion - Support/Oppose I need more information to definitively support or oppose this system. 3.3.9 NicholeBo (Gender: F, Age: 35-44, Ethnicity: Latino) 4/26/2019 10:32 AM Pacific Time (US & Canada) More Discussion - Support/Oppose Based on all the Information provided, I am in support of the pilot program and expanding it to other areas, such as parks and trails. I do not support further invasion of privacy though. Such as facial recognition. The way it's being tested now and the added analysis of crime trends and gunshot detection is also ok with me. 3.3.10 EstherRo (Gender: F, Age: 25-34, Ethnicity: Latino) 4/26/2019 10:37 AM Pacific Time (US & Canada) More Discussion - Support/Oppose I oppose the la quinta public safety camera systems after more knowledge of the program its not worth it! Why not hire more officers on bikes to go protect our community since la quinta is turning into a biking community! 3.3.11 AmandaSi (Gender: F, Age: 35-44, Ethnicity: None) 4/26/2019 10:44 AM Pacific Time (US & Canada) 700 Probolsky Research – City of La Quinta Focus Group Report – April 2019 135 More Discussion - Support/Oppose I support it. It seems how it is set now that it could help with safety in the community. 3.3.12 StevenRo (Gender: M, Age: 55-64, Ethnicity: None) 4/26/2019 12:07 PM Pacific Time (US & Canada) More Discussion - Support/Oppose I support it. If costs as you have indicated are minimal, it can only assist, why not? 3.3.13 RichardMo (Gender: M, Age: 55-64, Ethnicity: None) 4/27/2019 1:21 PM Pacific Time (US & Canada) More Discussion - Support/Oppose I support it. I like the fact that there is a way to improve public safety without spending half the General Fund. 3.3.14 RonaldVi (Gender: M, Age: 45-54, Ethnicity: Latino) 4/27/2019 9:42 PM Pacific Time (US & Canada) More Discussion - Support/Oppose Mixed feelings on this program. I support it for used in areas most prone to criminal activity based on empirical data. 3.3.15 VanessaRa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/30/2019 12:03 AM Pacific Time (US & Canada) More Discussion - Support/Oppose I support. There are more pros than cons that results from this project 3.3.16 StephenCr (Gender: M, Age: 55-64, Ethnicity: None) 5/1/2019 1:42 PM Pacific Time (US & Canada) 701 Probolsky Research – City of La Quinta Focus Group Report – April 2019 136 More Discussion - Support/Oppose Law & Order supporter... 3.3.17 ChristianaMu (Gender: F, Age: 18-24, Ethnicity: Latino) 5/2/2019 8:44 AM Pacific Time (US & Canada) More Discussion - Support/Oppose Support 3.3.18 PaulOr (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 9:59 AM Pacific Time (US & Canada) More Discussion - Support/Oppose No problem I support this Camera System. 3.3.19 CharlesHa (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 10:18 AM Pacific Time (US & Canada) More Discussion - Support/Oppose Support 3.3.20 MarkKa (Gender: M, Age: 65+, Ethnicity: None) 5/5/2019 11:32 AM Pacific Time (US & Canada) More Discussion - Support/Oppose I support it as long as due diligence is performed in getting bids and the bids should include the menu of things the city wants to incorporate. Perhaps itemized cost of each function in the bid. 4 - Closing Thoughts 702 Probolsky Research – City of La Quinta Focus Group Report – April 2019 137 4.1 - Other things Is there anything we didn't address that you would like to discuss? Please share your thoughts. Responses 4.1.1 PaulMc (Gender: M, Age: 55-64, Ethnicity: None) 4/24/2019 3:00 PM Pacific Time (US & Canada) Closing Thoughts - Other things Nothing at this time 4.1.2 JacquelineZa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/25/2019 12:42 PM Pacific Time (US & Canada) Closing Thoughts - Other things Personally, I would like there to be specifics about the cost, and labor towards this. Also, insure that this does not affect how the Sheriff depart works. That this will be just an addition to security. If so, it is amazing as cops can't be everywhere at the same time. 4.1.3 DeanMo (Gender: M, Age: 35-44, Ethnicity: None) 4/25/2019 5:00 PM Pacific Time (US & Canada) Closing Thoughts - Other things (Private message to moderators) No 4.1.4 MaryMi (Gender: F, Age: 65+, Ethnicity: None) 4/25/2019 11:23 PM Pacific Time (US & Canada) Closing Thoughts - Other things I assume you are limiting it to the subject of the cameras, in that case...no. 4.1.5 HarrySc (Gender: M, Age: 65+, Ethnicity: None) 4/26/2019 8:23 AM Pacific Time (US & Canada) 703 Probolsky Research – City of La Quinta Focus Group Report – April 2019 138 Closing Thoughts - Other things Motorcycle noise. Weaving in and out on Washington st. The corruption of the city manager letting a no-bid contract to his son-in-law and then claining it is not covered under nepotism rules since they are not blood heirs. 4.1.6 StephanieKl (Gender: F, Age: 65+, Ethnicity: None) 4/26/2019 9:23 AM Pacific Time (US & Canada) Closing Thoughts - Other things I think everything has been covered. 4.1.7 SarinaAc (Gender: F, Age: 18-24, Ethnicity: None) 4/26/2019 9:58 AM Pacific Time (US & Canada) Closing Thoughts - Other things I want to know if these cameras are monitored at all times or if they just record. That would make a big difference in my response. 4.1.8 EstherRo (Gender: F, Age: 25-34, Ethnicity: Latino) 4/26/2019 10:38 AM Pacific Time (US & Canada) Closing Thoughts - Other things Will someone be monitoring the cameras??? 4.1.9 AmandaSi (Gender: F, Age: 35-44, Ethnicity: None) 4/26/2019 10:44 AM Pacific Time (US & Canada) Closing Thoughts - Other things No. 4.1.10 NicholeBo (Gender: F, Age: 35-44, Ethnicity: Latino) 4/26/2019 11:17 AM Pacific Time (US & Canada) 704 Probolsky Research – City of La Quinta Focus Group Report – April 2019 139 Closing Thoughts - Other things What would be the projected cost of this program if implemented fully? What has similar programs cost other cities of a similar size? 4.1.11 StevenRo (Gender: M, Age: 55-64, Ethnicity: None) 4/26/2019 12:07 PM Pacific Time (US & Canada) Closing Thoughts - Other things I really appreciate the reach out to citizen . This just speaks to the great leadership we have in the City. Thank you 4.1.12 RichardMo (Gender: M, Age: 55-64, Ethnicity: None) 4/27/2019 1:22 PM Pacific Time (US & Canada) Closing Thoughts - Other things I think I've said my thoughts for now 4.1.13 RonaldVi (Gender: M, Age: 45-54, Ethnicity: Latino) 4/27/2019 9:44 PM Pacific Time (US & Canada) Closing Thoughts - Other things Perhaps establish a citizens advisory panel to continually provide advice and feedback on behalf of the community. 4.1.14 VanessaRa (Gender: F, Age: 18-24, Ethnicity: Latino) 4/30/2019 12:04 AM Pacific Time (US & Canada) Closing Thoughts - Other things If in anyway shape or form any type of wildlife species would be negatively impacted 4.1.14.1 Adam (Project Manager) 4/30/2019 9:10 PM Pacific Time (US & Canada) 705 Probolsky Research – City of La Quinta Focus Group Report – April 2019 140 I do not believe so. But is that something you would like to learn about? 4.1.15 StephenCr (Gender: M, Age: 55-64, Ethnicity: None) 5/1/2019 1:42 PM Pacific Time (US & Canada) Closing Thoughts - Other things No. 4.1.16 ChristianaMu (Gender: F, Age: 18-24, Ethnicity: Latino) 5/2/2019 8:44 AM Pacific Time (US & Canada) Closing Thoughts - Other things No. 4.1.17 PaulOr (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 10:00 AM Pacific Time (US & Canada) Closing Thoughts - Other things No, you have covered it all. 4.1.18 CharlesHa (Gender: M, Age: 65+, Ethnicity: None) 5/2/2019 10:18 AM Pacific Time (US & Canada) Closing Thoughts - Other things No additional input 4.1.19 MarkKa (Gender: M, Age: 65+, Ethnicity: None) 5/5/2019 11:32 AM Pacific Time (US & Canada) 706 Probolsky Research – City of La Quinta Focus Group Report – April 2019 141 Closing Thoughts - Other things Not at this time 707 708 AGENDA TITLE: ADOPT RESOLUTION TO CONFIRM THE ASSESSMENT AND DISTRICT DIAGRAM FOR THE 2019/20 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 RECOMMENDATION Adopt a resolution confirming the assessment and district diagram for the Landscape and Lighting Assessment District 89-1 for 2019/20, pursuant to the Engineer’s report. EXECUTIVE SUMMARY •Annually, the Council must take certain actions pertaining to Citywide Landscape and Lighting Assessment District 89-1 (District) to allow the City to levy annual assessments. •These assessments fund 44% of the citywide landscape, lighting, median, and parkway maintenance costs. The 2019/20 assessment rate will remain at $35.60 per dwelling/parcel also identified as an Equivalent Benefit Unit (EBU). This has been the rate since 1997. •Adopting this resolution is necessary for the County Assessor to place the assessment on the tax roll for 2019/20. FISCAL IMPACT The 2019/20 estimated cost for retention basin and right-of-way maintenance (landscaping and lighting maintenance for medians and parkways) is $2,218,100. The 2019/20 assessment will generate an estimated $976,540. The City will also receive $150,000 from County Service Area 152, levied by Riverside County, to fund retention basin maintenance. The combined income is projected to be $1,126,540; this leaves a shortfall of $1,091,560 (funded by the General Fund). BACKGROUND/ANALYSIS In 1989, the Council formed the District to fund costs associated with the maintenance, construction and servicing of landscape areas, street lights and traffic signals. The District was modified in 1997 to conform to Proposition 218, which required removing maintenance costs for facilities that provide general benefit to the public such as parks, fire stations, and public buildings. Since PUBLIC HEARING ITEM NO 1 City of La Quinta JOINT CITY COUNCIL/HOUSING AUTHORITY MEETING: June 18, 2019 STAFF REPORT 709 1997, the District has only included maintenance costs for streets, street lights, traffic signals, landscape medians, parkways and retention basins since these costs are considered “exempt” under Proposition 218. Beginning in 1997, maintenance of “nonexempt” items (i.e., facilities providing general benefit) were shown separately but still shown as part of the overall landscape maintenance budget. Proposition 218 also requires that any assessment rate increase be supported by a benefits analysis and Citywide vote in favor of the increase. These requirements locked the assessment rate at $35.60 since 1997, while maintenance costs have nearly tripled. On June 4, 2019, the Council adopted the following resolutions: •Resolution No. 2019-017, approving the Preliminary Engineer’s Report for Fiscal Year 2019/20 in connection with the District. •Resolution No. 2019-018 declaring intention to levy annual assessment for construction, maintenance, and servicing landscape and lighting improvements within the boundaries of the territory included in the Citywide District and giving notice thereof. The engineer’s report must contain the following information: •A description of the services to be provided throughout the District; •Total costs necessary to provide services described in the engineer’s report; •A diagram showing the District boundaries, including special benefit zones; and •An assessment schedule. The final engineer’s report has been completed (Attachment 1) and establishes the maintenance budget and number of benefitting parcels. The chart below compares the projected 2019/20 data with 2018/19 data: 2019/20 2018/19 City wide Benefit Zone Yes Yes Number of Local Benefit Units 6 6 Number of Equivalent Benefit Units (EBUs) 27,431 26,979 EBU Rate $35.60/EBU $35.60/EBU District Revenue $976,540 $960,433 Willdan projects an increase of 452 EBU’s from 2018/19 to 2019/20; actuals will be based on the final 2019/20 County Secured Tax Roll. This public hearing affords an opportunity for affected property owners to ask questions regarding the District and to provide public testimony regarding any proposed changes. No changes are proposed at this time. Council may adopt 2019/20 assessment fees only after the public hearing has been conducted. 710 Should Council receive testimony through the public hearing that warrants a change to the assessment level, Council can lower the assessment by a majority vote. If lowered, revenue necessary to fund the District’s 2019/20 operational budget would be reduced. Council may also increase the assessment level but only by a special-benefit analysis and vote through a property-owner ballot. If service levels are not adjusted accordingly, the General Fund would be required to make up the difference. ALTERNATIVES Council can direct staff to adjust the engineer’s report to reflect any changes resulting from the public hearing. Should Council direct amendments to the engineer’s report, an amended report and impacts of the amendments would be submitted for approval at the July 16, 2019 Council meeting. Prepared by: Dianne Hansen, Management Assistant Approved by: Gil Villalpando, Acting Facilities Director Attachment: 1. Final Engineer’s Report 711 712 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FISCAL YEAR 2019/2020 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1, PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 WHEREAS, maintenance of landscape improvements in roadways and drainage facilities is a very important service in our community. Landscaping, if well maintained, provides beautification and enhancement to the surroundings, along with a positive effect on property values; and WHEREAS, the annual assessments generated by the existing 1972 Act City of La Quinta Landscaping and Lighting District will fund the cost of providing installation, servicing, maintenance, and operation of landscaping, lighting and appurtenant facilities within the City of La Quinta that are exempt under provisions of Proposition 218 voted in by the California residents during the November 1996 election; and WHEREAS, on June 4, 2019, the City Council adopted the following resolutions: •Resolution No. 2019-017, approving the Preliminary Engineer’s Report for Fiscal Year 2017/2018 in connection with Landscape and Lighting Assessment District 89-1. •Resolution No. 2019-018, declaring intention to levy annual assessments for construction, maintenance, and servicing landscape and lighting improvements within the boundaries of the territory included in the City-wide Landscape and Lighting Assessment District 89 -1, and giving notice thereof; and WHEREAS, a Notice of a Public Hearing to Adopt a Resolution Confirming the Diagram and Assessments for Fiscal Year 201 9/2020 Landscape and Lighting Assessment District 89-1 was published in iThe Desert Sun newspaper on June 6, 2019. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 713 Resolution No. 2019 - xxx Landscape and Lighting Assessment District 89-1 Adopted: Page 1 of 2 SECTION 1. Pursuant to Chapter 3 of the Landscaping and Lighting Act of 1972, the City Council directed the City Engineer to prepare and file an annual report for Fiscal Year 2019/2020. SECTION 2. The City Engineer filed an annual report on June 4, 2019, and the City Council adopted a Resolution of Intention to Levy and Collect Assessments within Landscape and Lighting Assessment District 89 -1 for Fiscal Year 2019/2020 and set a Public Meeting/Hearing date of June 18, 2019 at the La Quinta City Council Chambers, 78-495 Calle Tampico, La Quinta, California. Notice of the Public Meeting/Hearing was given in the time and manner required by law. SECTION 3. On June 18, 2019, a Public Meeting/Hearing for which notice was given, was conducted at which every interested person was given an opportunity to object to the proposed assessment in writing or orally, and the City Council has considered each protest. SECTION 4. On June 18, 2019, the City Council found that written protests against the proposed assessment had not been made by owners representing more than one-half of the area of the land to be assessed. SECTION 5. The City Council hereby confirms the diagram and assessment as set forth in the annual report of the Engineer of Work and hereby levies the assessment set forth for Fiscal Year 2019/2020. SECTION 6. The City Council authorizes and directs the City Clerk to (i) submit certified copies of this resolution to the County of Riverside and (ii) take such other and further actions as may be necessary and proper for the County Assessor to place this assessment on the tax roll. 714 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 18th day of June 2019, 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 (CITY SEAL) APPROVED AS TO FORM: _____________________________ WILLIAM H. IHRKE, CITY ATTORNEY City of La Quinta, California Resolution No. 2019 - xxx Landscape and Lighting Assessment District 89-1 Adopted: Page 1 of 2 715 716 City of La Quinta Street Lighting and Landscape District No. 89-1 2019/2020 ENGINEER’S ANNUAL LEVY REPORT Intent Meeting: June 4, 2019 Public Hearing: June 18, 2019 27368 Via Industria Suite 200 Temecula, CA 92590 T 951.587.3500 | 800.755.6864 F 951.587.3510 www.willdan.com/financial ATTACHMENT 1 717 718 ENGINEER'S REPORT CITY OF LA QUINTA STREET LIGHTING AND LANDSCAPE DISTRICT NO. 89-1 I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached was filed with me on the day of , 2019. BY: Monika Radeva, City Clerk City of La Quinta Riverside County, California I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached, was approved and confirmed by the City Council of the City of La Quinta, California, on the day of , 2019. BY: Monika Radeva, City Clerk City of La Quinta Riverside County, California I HEREBY CERTIFY that the enclosed Assessment Roll was filed with the County Auditor of the County of Riverside, on the day of , 2019. BY: Monika Radeva, City Clerk City of La Quinta Riverside County, California 719 TABLE OF CONTENTS I. OVERVIEW 1 A. INTRODUCTION 1 B. COMPLIANCE WITH CURRENT LEGISLATION 1 C. HISTORICAL BACKGROUND AND LEGISLATION 2 II. DESCRIPTION OF THE DISTRICT 2 A. DISTRICT BOUNDARIES AND SPECIFIC AREAS OF IMPROVEMENT 2 B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT 2 C. IMPROVEMENTS WITHIN THE DISTRICT 4 III. METHOD OF APPORTIONMENT 5 A. GENERAL 5 B. BENEFIT ANALYSIS 5 C. METHODOLOGY 6 IV. DISTRICT BUDGETS 10 A. DESCRIPTION OF BUDGET ITEMS 10 B. 2019/2020 DISTRICT BUDGET 11 APPENDIX A – DISTRICT ASSESSMENT DIAGRAM 14 APPENDIX B – 2019/2020 COLLECTION ROLL 15 720 2019/2020 City Of La Quinta L&L 89-1 Page 1 of 15 I. OVERVIEW A. INTRODUCTION The City of La Quinta (the “City”) annually levies and collects special assessments in order to provide and maintain the facilities, improvements and services within Street Lighting and Landscape District No. 89-1 (the “District”). The District was formed in 1989 pursuant to the Landscaping and Lighting Act of 1972 (the “1972 Act”), Part 2 of Division 15 of the Streets and Highways Code and authorizes the Agency to annually levy and collect assessments to maintain the services and improvements related thereto. This Engineer’s Annual Levy Report (the “Report”) describes the District, any changes to the District, and the proposed assessments for Fiscal Year 2019/2020. The proposed assessments are based on the estimated cost to maintain improvements that provide special benefit to properties assessed within the District. The various improvements within the District and the costs of those improvements are identified and budgeted separately, including expenditures, deficits, surpluses, revenues, and reserves. The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor Parcel Number (“APN”) by the Riverside County Assessor’s Office. The Riverside County Auditor/Controller uses Assessor Parcel Numbers and specific fund numbers on the tax roll to identify properties assessed for special district benefit assessments. Each parcel within the District is assessed proportionately for those improvements provided by the District and from which the parcel receives special benefit. Following consideration of public comments, written protests at a noticed public hearing and review of the Report, the City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report, and confirmation of the assessments, the Council may order the levy and collection of assessments for Fiscal Year 2019/2020 pursuant to the 1972 Act. In such case, the assessment information will be submitted to the County Auditor/Controller and included on the property tax roll for each benefiting parcel for Fiscal Year 2019/2020. B. COMPLIANCE WITH CURRENT LEGISLATION The District was formed in 1989 pursuant to the Landscaping and Lighting Act of 1972 (the “1972 Act”). As such, the City has determined that pursuant to California Constitutional Article XIIID Section 5 Subsection A the existing assessments are exempt from the substantive and procedural requirements of Proposition 218. Any new or increased assessments above the maximum assessment rates previously approved and levied by the City Council would be subject to both the substantive and procedural requirements of the Proposition. 721 2019/2020 City Of La Quinta L&L 89-1 Page 2 of 15 C. HISTORICAL BACKGROUND AND LEGISLATION The assessments for the District provide a special benefit to the parcels assessed, and the City utilizes General Fund Revenues to fund improvements and services that are considered general benefit. This District was formed pursuant to the 1972 Act, which permits the establishment of assessment districts by cities for the purpose of providing for the maintenance of certain public improvements, which include the facilities existing within the District, as those improvements provide a special benefit to parcels. The City Council reviews the current and projected years’ costs for the construction, operation, maintenance, and servicing of the District facilities and sets the assessment for the ensuing fiscal year, which runs between July 1 and June 30. II. DESCRIPTION OF THE DISTRICT A. DISTRICT BOUNDARIES AND SPECIFIC AREAS OF IMPROVEMENT The boundaries of the District are coterminous with the boundaries of the City. The Diagram of the District showing the exterior boundaries has been submitted to the City Clerk at the City and is included by reference. B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT As applicable or may be applicable to this District, the 1972 Act defines improvements to mean one or any combination of the following: • The installation or planting of landscaping. • The installation or construction of statuary, fountains, and other ornamental structures and facilities. • The installation or construction of public lighting facilities. • The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. • The maintenance or servicing, or both, of any of the foregoing. 722 2019/2020 City Of La Quinta L&L 89-1 Page 3 of 15 • The acquisition of any existing improvement otherwise authorized pursuant to this section. Incidental expenses associated with the improvements including, but not limited to: • The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; • The costs of printing, advertising, and the publishing, posting and mailing of notices; • Compensation payable to the County for collection of assessments; • Compensation of any engineer or attorney employed to render services; • Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; • Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5. • Costs associated with any elections held for the approval of a new or increased assessment. The 1972 Act defines "Maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including: • Repair, removal, or replacement of all or any part of any improvement. • Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. • The removal of trimmings, rubbish, debris, and other solid waste. • The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. 723 2019/2020 City Of La Quinta L&L 89-1 Page 4 of 15 C. IMPROVEMENTS WITHIN THE DISTRICT The District improvements are the operation, servicing and maintenance of landscaping, lighting and appurtenant facilities, including, but not limited to, personnel, electrical energy, water, materials, contracting services, and other items necessary for the satisfactory operation of these services described as follows: • Landscaping and Appurtenant Facilities include, but are not limited to, landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk maintenance and appurtenant facilities, located within the public street rights-of-way, medians, trails, and dedicated street, drainage or sidewalk easements within the boundary of the District. • Lighting and Appurtenant Facilities include, but are not limited to, poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices, controllers and appurtenant facilities as required to provide safety lighting and traffic signals within public street rights-of-way and easements within the boundaries of the District. • Maintenance is defined as the furnishing of services and materials for the operation and usual maintenance, operation and servicing of the landscaping, public lighting facilities and appurtenant facilities, including repair, removal or replacement of landscaping, public lighting facilities, or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; and the removal of trimmings, rubbish, debris and other solid waste. • Servicing is defined as the furnishing of water for the irrigation of the landscaping and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting or operation of landscaping or appurtenant facilities. The plans and specifications for the improvements are on file in the office of the City Engineer and are by reference made a part of this report. 724 2019/2020 City Of La Quinta L&L 89-1 Page 5 of 15 III. METHOD OF APPORTIONMENT A. GENERAL The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements that include the construction, maintenance and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: “The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.” The formula used for calculating assessments in this District therefore reflects the composition of the parcels, and the improvements and services provided, to apportion the costs based on benefit to each parcel. B. BENEFIT ANALYSIS Properties within the District boundary are found to derive a special benefit from the improvements provided by the District. These properties include single family residential, non-residential, vacant residential and non-residential, golf courses, agricultural and hillside conservation properties, vacant and remote non-residential and rural and estate residential properties. Special Benefits The method of apportionment (method of assessment) is based on the premise that each assessed parcel receives special benefit from the improvements maintained and funded by the assessments, specifically, landscaping and lighting improvements installed in connection with the development of these parcels. The desirability of properties within the District is enhanced by the presence of well- maintained landscaping and lighting improvements in close proximity to those properties. The annual assessments outlined in this Report are based on the estimated costs to provide necessary services, operation, administration, and maintenance required to ensure the satisfactory condition and quality of each improvement. The special benefits associated with the landscaping improvements are specifically: • Enhanced desirability of properties through association with the 725 2019/2020 City Of La Quinta L&L 89-1 Page 6 of 15 improvements. • Improved aesthetic appeal of properties within the District providing a positive representation of the area. • Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping. • Environmental enhancement through improved erosion resistance, and dust and debris control. • Increased sense of pride in ownership of property within the District resulting from well-maintained improvements associated with the properties. • Reduced criminal activity and property-related crimes (especially vandalism) against properties in the District through well-maintained surroundings and amenities. • Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise. The special benefits of street lighting are the convenience, safety, and security of property, improvements, and goods, specifically: • Enhanced deterrence of crime – an aid to police protection. • Increased nighttime safety on roads and highways. • Improved visibility of pedestrians and motorists. • Improved ingress and egress to and from property. • Reduced vandalism, damage to improvements or property, and other criminal acts. • Improved traffic circulation and reduced nighttime accidents and personal property loss. • Increased promotion of business during nighttime hours in the case of commercial properties. The preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the District. C. METHODOLOGY Pursuant to the 1972 Act, the costs of the District may be apportioned by any formula or method that distributes the net amount to be assessed among the assessable parcels in proportion to the estimated special benefits to be received by each such parcel from the improvements. The special benefit formula used within the District should reflect the composition of the parcels - and the 726 2019/2020 City Of La Quinta L&L 89-1 Page 7 of 15 improvements and services provided therein - to apportion the costs based on estimated special benefit to each parcel. The cost to provide maintenance and service of the improvements within the District shall be equitably distributed among each assessable parcel based on the estimated special benefit received by each parcel. Equivalent Benefit Units To equitably spread special benefit to each parcel, it is necessary to establish a relationship between the various types of properties within the District and the improvements that benefit those properties. Each parcel within the District is assigned an Equivalent Benefit Unit (“EBU”) factor that reflects its land use, size and development, or development potential. Parcels that receive special benefit from the various District improvements are proportionately assessed for the cost of those improvements based on their calculated EBU. The EBU method assessment for this District uses the Single-Family Residential parcel as the basic unit of assessment. A Single Family Residential (“SFR”) parcel equals one EBU. Every other land-use is assigned an EBU factor based on an assessment formula that equates the property’s specific land-use and relative special benefits compared to the Single-Family Residential parcel. The EBU method of apportioning special benefits is typically seen as the most appropriate and equitable assessment methodology for districts formed under the 1972 Act, as the benefits to each parcel from the improvements are apportioned as a function of land use type, size, and development. The following table provides a listing of land use types, the EBU factors applied to that land use and the multiplying factor used to calculate each parcel’s individual EBU for each improvement provided in the District. During the formation of the District, a methodology was developed to calculate the EBUs for other residential and non-residential land use parcels, which are outlined below for reference. Every land use is assigned EBUs based on the assessment formula approved for the District. Parcels which have been determined to receive greater benefit than the SFR parcel are assigned more than 1 EBU and parcels that are determined to receive lesser benefit than SFR parcels are assigned less than 1 EBU as reflected in the Assessment Methodology. 727 2019/2020 City Of La Quinta L&L 89-1 Page 8 of 15 Single-Family Residential The City’s General Plan allows up to one acre of area for subdivided residential lots. The subdivided single-family lot equal to or less than one acre in size is the basic unit for calculation of the benefit assessments. Parcels less than one acre in size zoned for single-family residential use are assessed one (1) EBU. Multi-Family Residential Multi-Family Residential parcels are assessed one-half (0.5) EBU per unit. Non-Residential The factor used for converting nonresidential is based on the average number of typical single-family residential lots of five per acre. Therefore, non-residential parcels will be assessed five (5) EBUs per acre with a minimum number per parcel of one (1) EBU. Vacant Residential Parcels defined as single family residential parcels less than one acre and having no structure will be assessed 33 percent (33%) of a single-family dwelling, or 0.33 EBU per parcel. Vacant Non-Residential Parcels not considered single family residential parcels less than one acre, and having no structure will be assessed based on acreage. The typical development in La Quinta occurs in increments of twenty (20) acres or less. The first twenty (20) acres of a Vacant Non-Residential parcel will be assessed at a rate of 33 percent (33%) of developed nonresidential properties, or 1.65 EBU per acre or any portion of an acre. The minimum number of EBUs per parcel is one (1) EBU. Any parcel of land greater than twenty (20) acres is considered open space and exempt from assessment until such time as parcel subdivision or development occurs. Land Use EBU Factor Exempt Parcels 0.0 Single Family Residential Parcels 1.0 per unit Multi-Family Residential Parcels 0.5 per unit Non-Residential Parcels 5.0 per acre; 1.0 minimum Vacant Residential Parcels 0.33 per unit Vacant Non-Residential Parcels 1.65 per acre for first 20 acres only Golf Course Parcels 0.50 per acre; 1.0 minimum Agricultural Parcels 0.25 per acre; 1.0 minimum Hillside Conservative Zone Parcels 0.10 per acre Vacant & Remote Parcels 0.825 per acre for first 20 acres only Rural/Estate Residential 1.0 + 0.33 per acre in excess 1 acre 728 2019/2020 City Of La Quinta L&L 89-1 Page 9 of 15 Golf Courses Properties identified as golf courses will be assessed a rate of 10 percent (10%) of the developed nonresidential properties, or 0.50 EBU per acre or any portion of an acre. The minimum number per parcel is one (1) EBU. Agricultural Properties identified as agricultural will be assessed a rate of 5 percent (5%) of developed nonresidential properties, or 0.25 EBU per acre or any portion of an acre. The minimum number per parcel is one (1) EBU. Hillside Conservation Parcels located in areas zoned Hillside Conservation per the City’s Official Zoning Map will be assessed on the basis of allowable development within the Hillside Conservation Zone. The parcel will be assessed as one dwelling unit per ten (10) acres or 0.10 EBU per acre or any portion of an acre. Vacant and Remote Non-Residential Parcels (Annexation No. 9) Parcels not considered single family residential parcels less than one (1) acre and do not contain structures, will be assessed based on acreage. The City defines Vacant and Remote Non-Residential as parcels physically separated from City services and not readily able to develop due to difficult access and utility limitations. The land values are typically one half the value of other Vacant Non- Residential parcels because of the high cost of constructing appropriate access and utility infrastructures necessary. The Vacant and Remote Non-Residential parcels are assessed a rate of 0.825 EBUs per acre or portion thereof, for the first twenty (20) acres, with a minimum of one (1) EBU per parcel. Rural/Estate Residential Parcels of one acre or more in size, but having only one residential unit are identified as Rural/Estate Residential. These parcels will be assessed a rate of one (1) EBU for the first acre and 0.33 EBUs for each additional acre or portion of an acre. Exempt Property Publicly owned property and utility rights-of-way are exempt from assessment, as well as parcels of land shown on the County Assessor's records as Vacant Desert Land, Vacant Mountain Land, Agricultural Preserve and Public Utility owned land. This Report does not propose an increase in the District assessment rates for Fiscal Year 2019/2020 over or above the maximum rate established. The proposed rate per EBU for Fiscal Year 2019/2020 is the same rate assessed for Fiscal Year 2018/2019. The base assessment rate to be approved for Fiscal Year 2019/2020 is $35.60. The maximum assessment rate per EBU may not increase without a vote of the property owners in the District. Therefore, the assessment is proposed to remain at the maximum amount of $35.60 per EBU. This equates to total projected assessment revenue of $976,540. 729 2019/2020 City Of La Quinta L&L 89-1 Page 10 of 15 The City proposes the remaining $3,577,501 be funded through a General Fund contribution of $3,427,501 and $150,000 of revenue from CSA 152. IV. DISTRICT BUDGETS A. DESCRIPTION OF BUDGET ITEMS The 1972 Act requires that a special fund be established and maintained for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purposes as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. The following describes the services and costs that are funded through the District, shown in the District Budgets. District Costs Personnel – Reflects relevant City Staff salaries, wages and benefits, and also includes Worker’s Comp insurance, Stand-By, and Overtime labor. Contract Services – Includes contracted labor, such as the Riverside County Tax Roll Administration Fees, maintenance and repair of traffic signals, tree trimming, and security service. Rental Services – Reflects funds used for the purpose of uniform rental. Vehicle Operations – Includes the maintenance of fleet vehicles. Utilities – Includes the electric, telephone, and water services. Travel Training & Meetings – Reflects the funds used for the purposes of training and meetings. Information Technology – Includes computers, printers, and other related items and services. Operating Supplies – This item includes plant replacement, safety gear, field materials, and the materials used for the purposes of removing graffiti. Small Tools/Equipment – Includes non-capital small tools and equipment. District Administration – The cost for providing the coordination of District services and operations, response to public concerns and education, as well as procedures associated with the levy and collection of assessments. This item also includes the costs of contracting with professionals to provide any additional administrative, legal or engineering services specific to the District 730 2019/2020 City Of La Quinta L&L 89-1 Page 11 of 15 including any required notices, mailings or property owner protest ballot proceedings. B. 2019/2020 DISTRICT BUDGET For the purpose of estimating costs for the maintenance and servicing, actual costs are used where possible. However, where the improvements are new, or where actual maintenance experience is lacking, cost estimates will be used to determine costs. The Budget of estimated cost of operation, servicing, and maintenance for Fiscal Year 2019/2020 is summarized on the next page in Table 1. 731 2019/2020 City Of La Quinta L&L 89-1 Page 12 of 15 Table 1 Fiscal Year 2019/2020 Budget Category Description Estimated Expenditures Funding Fiscal Year 2019/2020 L & L Assessments General Fund– Parks Personnel Salaries-Permanent Full Time $437,000 $119,600 $317,400 Other Benefits & Deductions 177,700 51,900 125,800 Stand By 0 0 0 Stand By Overtime 0 0 0 Overtime 0 0 0 Total Personnel $614,700 $171,500 $443,200 Contract Services Annual Lighting & Landscape Report $0 $0 $0 Civic Center Campus Lake Maintenance 45,000 0 45,000 Landscape Lighting Maintenance 77,000 77,000 0 Financial Services Admin. Fee 0 0 0 Citywide Maintenance Contract 1,355,000 830,000 525,000 Undeveloped Parks PM10 Services 0 0 0 Maintenance & Repair 50,000 50,000 0 CVWD Lease-Pioneer Dog Park 1 0 1 Tree Trimming 25,000 15,000 10,000 Janitorial Services 0 0 0 Security Service - Corporation Yard 0 0 0 Fritz Burns Pool 115,000 0 115,000 Musco Lighting 1,000 0 1,000 SilverRock Way Landscaping 65,000 65,000 0 Total Contract Services $1,733,001 $1,037,000 $696,001 Rental Services Uniforms $2,000 $1,000 $1,000 Total Rental Services $2,000 $1,000 $1,000 Park Equipment Vehicle Operations Facilities Charges $0 $0 $0 Fleet Maintenance 73,700 29,500 44,200 Facility & Equipment Depreciation 674,000 0 674,000 Total Operations $747,700 $29,500 $718,200 Utilities Electric $251,640 $120,000 $131,640 Phone 1,000 0 1,000 Water 363,800 200,000 163,800 Total Utilities $616,440 $320,000 $296,440 Travel Training & Meetings $5,500 $500 $5,000 Total Travel Training & Meetings $5,500 $500 $5,000 Information Technology Computers Printers and Services $80,600 $24,100 $56,500 Total Information Technology $80,600 $24,100 $56,500 Operating Supplies Plant Replacement $620,000 $570,000 $50,000 Graffiti Removal 40,000 15,000 25,000 Safety Gear 1,200 600 600 Field Materials 70,000 30,000 40,000 Total Operating Supplies $731,200 $615,600 $115,600 Small Tools / Equipment Non-Capital $4,500 $2,500 $2,000 Total Small Tools/Equipment $4,500 $2,500 $2,000 Total Landscape & Lighting Budget $4,535,641 $2,201,700 $2,333,941 District Administration Public Works Administration $0 $0 $0 Citywide Administration 18,400 16,400 2,000 Total District Administration $18,400 $16,400 $2,000 Total Landscape & Lighting Expenditures $4,554,041 $2,218,100 $2,335,941 Less CSA 152 Revenue ($150,000) ($150,000) $0 Less General Fund Contribution (3,427,501) (1,091,560) 2,335,941 Balance to Levy $976,540 $976,540 Total EBU 27,431.50 Levy Per EBU $35.60 732 2019/2020 City Of La Quinta L&L 89-1 Page 13 of 15 The following information was obtained from the Riverside County Assessor's Secured Roll, Assessor's Parcel Maps, and the City’s Planning Department. The land use categories were developed to classify the different land use types in the City. Table 2 Land Use FY 2019/2020 Parcel Count County Acres Prior Year EBU Prior Year Levy FY 2019/2020 EBU FY 2019/2020 Levy (1) Agricultural 17 371.44 93.22 $3,318.60 93.22 $3,318.60 Exempt 51 104.36 0.00 0.00 0.00 0.00 Golf Course 283 3,497.90 1,805.65 64,279.28 1,805.65 64,279.28 Hillside Conservation 12 319.03 31.90 1,135.62 31.90 1,135.62 Multi-Family Residential 34 92.81 635.50 22,623.80 635.50 22,623.80 Non-Residential 272 575.15 2,903.65 103,369.94 2,903.65 103,369.94 Rural/ Estate 51 106.18 86.04 3,062.58 86.04 3,062.58 Vacant/ Remote 13 144.48 119.20 4,243.30 119.20 4,243.30 Single Family Residential 20,469 2,516.83 20,469.00 728,696.40 20,469.00 728,696.40 Vacant Residential 2,169 1,039.07 715.77 25,464.06 715.77 25,464.06 Vacant Non- Residential 206 563.48 571.58 20,346.28 571.58 20,346.28 Total 23,577 9,330.73 27,431.50 $976,539.86 27,431.50 $976,539.86 (1) The difference in the “Balance to Levy” amount in Table 1 and the total FY 2019/2020 Levy amount in Table 2 is a rounding difference due to the Riverside County even penny requirement for each charged parcel. Actuals will be based on the final County Secured Roll for Fiscal Year 2019/2020. Differences are generally due to changes in County Land Use Classifications or Assessor Parcel Number changes. 733 2019/2020 City Of La Quinta L&L 89-1 Page 14 of 15 APPENDIX A – DISTRICT ASSESSMENT DIAGRAM The Boundary Diagrams for the original districts have previously been submitted to the Clerk of the City in the format required under the 1972 Act and are made part of this Report by reference. The parcel identification, lines and dimensions of each parcel within the District are those lines and dimensions shown on the Assessor Maps of Riverside County for the year in which this Report was prepared and is incorporated by reference and made part of this Report. The attached Landscape Maintenance Map displays the landscape maintenance areas within the City. 734 2019/2020 City Of La Quinta L&L 89-1 Page 15 of 15 APPENDIX B – 2019/2020 COLLECTION ROLL Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Riverside County Assessor Parcel Maps and/or the Riverside County Secured Tax Roll for the year in which this Report is prepared. Non-assessable lots or parcels may include government owned land, public utility owned property, land principally encumbered with public right-of-ways or easements and dedicated common areas. These parcels will not be assessed. A listing of parcels within the District, along with the proposed assessment amounts, has been submitted to the City Clerk and, by reference, is made part of this Report. Upon approval of the Report and confirmation of the assessments, the assessment information will be submitted to the County Auditor/Controller and included on the property tax roll in Fiscal Year 2019/2020. If the parcels or APNs within the District and referenced in this Report, are re-numbered, re-apportioned or changed by the County Assessor’s Office after approval of the Report, the new parcel or APNs with the appropriate assessment amount will be submitted to the County Auditor/Controller. If the parcel change made by the County includes a parcel split, parcel merger or tax status change, the assessment amount submitted on the new parcels or APNs will be based on the method of apportionment and levy amount approved in this Report by the City Council. 736 City of La Quinta JOINT CITY COUNCIL/HOUSING AUTHORITY MEETING DEPARTMENT REPORT TO: Madam Mayor and Members of the City Council FROM: Marcie Graham, Marketing Manager DATE: June 18, 2019 SUBJECT: SILVERROCK DEVELOPMENT OUTREACH UPDATE Marketing has updated the SilverRock development page on the city website that includes photos, FAQ’s, and drone footage. This page will be updated on a monthly basis in conjunction with information from the Robert Green Company. In addition, the page will be promoted through the following avenues to reach the community: •NextDoor •Facebook •Twitter •The Gem •www.laquintaca.gov Staff is working with John Gamlin and Jeff Yamaguchi from The Robert Green Company to acquire monthly project updates/progress, project images, a live feed of the project site, and any additional questions that may be addressed through FAQ’s. DEPARTMENTAL REPORT ITEM NO. 1 737 738 City of La Quinta TO: Madam Mayor and Members of the City Council FROM: William H. Ihrke, City Attorney DATE: June 18, 2019 SUBJECT: DISTRICT ATTORNEY’S OFFICE – COMMUNITY ACTION TEAMS Verbal update – please reference enclosed correspondence from the Office of the District Attorney, County of Riverside, dated June 4, 2019 (Attachment 1). DEPARTMENTAL REPORT ITEM NO. 2 JOINT CITY COUNCIL/HOUSING AUTHORITY MEETING DEPARTMENT REPORT 739 ATTACHMENT 1 740 City of La Quinta JOINT CITY COUNCIL/HOUSING AUTHORITY MEETING DEPARTMENT REPORT TO: Madam Mayor and Members of the City Council FROM: Jaime Torres, Community Resources Management Analyst DATE: June 18, 2019 SUBJECT: ART IN PUBLIC PLACES REFRESH The Community Services Commission and staff are proactively focused on enhancing the City’s Art in Public Places (APP) program (Attachment 1). Elevating the level of art and evaluating the fee structure were identified as priorities. To deliver a successful program staff contracted LeBasse Projects International (LeBasse) as an art consultant. To elevate artworks, the APP program will focus on the following qualities: Proactive: An art maintenance schedule will be developed to preserve art and a prequalified list of artists will be generated to streamline operations. Experiential: Each piece will provide an experience and immerse its audience. Interactive: Art can be touched, engaged with, and the audience can become a part of the art. Economic Driver: Art works will serve as destination pieces to drive tourism. Based on Council action, the APP fund is currently committed to 4 projects: SilverRock Event Space - $100,000 La Quinta Village Complete Streets - $95,000 Jefferson/Avenue 53 Roundabout - $5,000 Dune Palms Bridge - $200,000 Total - $400,000 There is $160,000 in the APP fund for new art installations. Staff is aware of the diminishing funds, due to decreasing development fee revenues, and the Council’s desire to look further into the matter. LeBasse will evaluate the fee structure and present potential funding options for Council to review this fall. DEPARTMENTAL REPORT ITEM NO. 4-A 741 742 Recently Commissioned Art ATTACHMENT 1 743 744 ,nterDctiYe ([SerientiDl Dnd 'estinDtion Art Walk inside Touch 745 746 Share Experience on Social Media Tourism and Economic Driver 747 748 People Planning Trips To Visit Art Photos To Create Buzz 749 750 'riYen %y 7Ke Commission 7DnJiEle And 0eDsXrDEle ReƏlectiYe 2I 7Ke Art 2SSortXnities 0DS ConstDntly (YolYinJ *oDls And 2EMectiYes -Xne R)4 )or 3re 4XDliIied Artists -Xly 3re4XDliIied Artist /ist is (stDElisKed AXJXst 3re4XDliIied Artist /ist is (stDElisKed 6eStemEer R)4 )or ;3DrN 0XrDlbReleDsed R)4 )or 3edestDl ReleDsed 2ctoEe r ;3DrN 0XrDl 6elected 1oYemEer (ntrDnce 0onXment 'ecemEer 6ilYerRocN (Yent 6ite 751 752 *XidinJ 3rinciSles (leYDtes And 'irects A33 3roJrDm 'iYersiIy SortIolio ReƏlect /4 s CXltXre 9DlXes CKDrDcter 6XSSort /ocDl Artists +iJK 4XDlity Art 3roJrDm ,nstDll Art Across /4 (nsXres Consistency 753 754 3re4XDliIied Artist /ist *oDls 2EMectiYes *XidinJ 3rinciSles 0DintenDnce 6cKedXle A33 3roJrDm ReIresK 9ision 3roDctiYe 3roJrDm ([SerientiDl Art ,nterDctiYe Art 'estinDtion Art CXrrent A33 3roJrDm ReDctiYe 'eSendent 2n Artist AYDilDEility 7ime ,ntensiYe Art ,n 3XElic 3lDces 3roJrDm ReIresK :KDt :e 1eed )or ReIresK And +oZ :e *et 7Kere 755 756 City of La Quinta JOINT CITY COUNCIL/HOUSING AUTHORITY MEETING DEPARTMENT REPORT TO: Madam Mayor and Members of the City Council FROM: Chris Escobedo, Community Resources Director DATE: June 18, 2019 SUBJECT: FIRE SERVICES REVIEW The City contracts with the County of Riverside who contracts with Cal Fire for delivery of fire services in La Quinta. The contract covers the operation of three fire stations, 26 positions and the cost of fire equipment. Annually, the City receives a portion of property tax to fund fire and emergency services. Revenue accumulated over the years has led to a fire services fund balance of $9,754,327. Once the fund balance is drawn down, the General Fund will need to be subsidize fire services in order to maintain services levels. On the horizon, the Fire Department is asking the City to look at the following items. Addition of a 4th fire station (cost upwards of $5 million to build and $1 million annually to operate) Modify staffing to have a Fire Captain on duty 7 days a week at each fire station (estimated annual cost $320,000) Replacement of the ladder truck shared with the County and Cities of Coachella and Indio ($1.3 million replacement cost). Staff recommends initiating a fire services review similar to what was performed on the City’s contract with the Riverside County Sheriff’s Department regarding police services. If Council is supportive of this recommendation, staff will solicit a request for proposals to identify a qualified firm to initiate a fire services review. This initiative would commence by January 2020. DEPARTMENTAL REPORT ITEM NO. 4-B 757 758 City of La Quinta JOINT CITY COUNCIL/HOUSING AUTHORITY MEETING DEPARTMENT REPORT TO: Madam Mayor and Members of the City Council FROM: Chris Escobedo, Community Resources Director DATE: June 18, 2019 SUBJECT: REGIONAL POLICE SERVICES STUDY The Cities of Indian Wells, La Quinta, Palm Desert and Rancho Mirage commissioned a study on the feasibility of developing a shared police services contract with Riverside County Sheriff’s Department. On June 3, 2019, the City Managers and staff of each city met to review the report. In 1981, the Cities of Indian Wells, Palm Desert and Rancho Mirage created the Cove Communities Services Commission. It was formed to provide a fiscally responsible, well-coordinated, effective fire and police protection, and paramedic program. It is comprised of six elected city council members, two from each participating city. The Cove Communities Services Commission has invited two La Quinta Council Members to participate at its next meeting on June 26, 2019 at 11:00 a.m. at the Indian Wells Golf Resort. At this meeting, the regional police services study will be reviewed and discussed. Staff is seeking Council direction on whether or not they would like to participate in the discussion. If so, then staff requests that Council select two Council Members to represent La Quinta in these discussions. DEPARTMENTAL REPORT ITEM NO. 4-C 759 760 City of La Quinta JOINT CITY COUNCIL/HOUSING AUTHORITY MEETING DEPARTMENT REPORT TO: Madam Mayor and Members of the City Council FROM: Danny Castro, Design & Development Director DATE: June 18, 2019 SUBJECT: OPTIONS FOR CALLE TAMPICO/PARK AVENUE INTERSECTION Council and staff have recently heard from several citizens expressing concerns about the intersection of Calle Tampico and Park Avenue (Attachment 1). Specifically, this intersection has experienced several vehicles leaving the roadway and impacting the Citrus Community Association (HOA) wall just east of the sidewalk. Most collisions have involved vehicles approaching in the eastbound (EB) direction and not navigating the curve when turning left. Many of these collisions have occurred late at night and involve impaired drivers. The citizens have requested the City provide some type of barrier to prevent vehicles from hitting the HOA wall. Calle Tampico is a local east-west collector roadway with a posted speed limit of 35 mph. The intersection of Park Avenue forms a “L” shaped 90-degree curve to the left when traveling EB on Calle Tampico. There are currently warning signs posted in advance of the curve which indicate a “left curve” is approaching and advisory 10 mph speed warning signs. At the curve itself, there are several “chevron” signs and a “left arrow” sign to guide motorists around the curve. The street has a painted centerline and raised reflective pavement markers also to provide additional positive guidance, along with striped bike/golf cart lanes. There is a 5-foot wide sidewalk located behind the curb with a landscape area between the sidewalk and the HOA’s wall. The distance between the sidewalk and HOA wall is approximately 8 feet. Options There are several options that may improve the situation in the intersection, with each designed to assist in reducing the chances of the HOA wall being struck. The improvement options are listed below, along with some advantages/disadvantages, and estimated order of cost to implement. The costs associated with each alternative (Attachment 2) include addressing both EB and southbound (SB) traffic. If it is decided to address EB traffic only as that is the direction of travel that has experienced the accidents, then the costs could be half of what is listed. DEPARTMENTAL REPORT ITEM NO. 5-A 761 Option A – Stop Signs. Install STOP signs, advance STOP AHEAD signs, STOP legends and STOP bar for both EB Calle Tampico and SB Park Avenue. The goal is to create an all-way stop intersection to bring all vehicles to a complete stop before entering the curve, thereby reducing the driver speed approaching the curve and subsequently reducing the chances of leaving the roadway and striking the HOA wall. Stop signs grab one’s attention to slow down and stop. •Advantages – Cost is extremely low and quick/easy to implement. The STOP signs help reduce speeds approaching and can be supplemented with advance signs, flashing lights, flags, or other devices to draw attention to the driver’s eye. •Disadvantages – Signs do not actually STOP a vehicle that attempts to leave the roadway, as could be the case with an impaired driver. This is not a favored option from the residents we have heard from. •Estimated Cost – $3,850 for signs and pavement striping, and an additional $1,500 if flashing lights were added. Option B – Concrete K Railing. Concrete K railing installed behind the curb would redirect a vehicle hitting the K rail back onto the street, instead of crossing the sidewalk and potentially striking a pedestrian or the HOA wall. •Advantages – concrete will withstand higher speed direct impacts and redirects cars back onto the street. There are other design options that are more aesthetically pleasing than the standard K rail (Attachment 2). •Estimated Cost - $62,040 to design and construct approximately 200 feet of K rail behind the curb. Option C – Guard rail. Installing a guard rail directly behind the curb or behind the sidewalk. •Advantages – This feature may have some ability to help slow down an approaching vehicle and re-direct the vehicle to the street. The location (if directly behind the curb) also helps slower vehicles from possibly entering the sidewalk. A guard rail located behind the sidewalk can be hidden from view by landscaping. •Disadvantages – a guard rail is not designed to absorb high speed impacts directly and may not fully ensure a vehicle does not leave the roadway and launch over the guardrail. A direct head-on impact is likely to break the guard rail. A guard rail located behind the sidewalk while it could be screened with landscaping, would not benefit pedestrians on the sidewalk. •Estimated Cost - $ 49,500 to design and construct approx. 200 feet of guardrail behind the curb. • Option D – Safety and Landscape Lighting. This option would better illuminate the upcoming intersection and curve and draw attention for the 762 driver approaching to slow down. There is no existing street lighting along Calle Tampico or Park Avenue. •Advantages – The cost is relatively low and quick/easy to implement. Since most collisions occurred at night, illuminating the intersection with overhead safety lights may be beneficial to alert drivers that there is an approaching intersection. An alternative would be to illuminate the wall or landscaping to identify that the roadway is coming to an end. •Disadvantages – Lighting does not actually stop a vehicle that leaves the roadway, as could be the case with an impaired driver. Adjacent residents may be impacted from the glare of safety lighting. Light directed onto the HOA wall and or landscaping may not impact residents. •Estimated Cost - $67,320 for 2 street lights and landscape lighting. Option E - Palm Trees. The installation of palm trees in front of, or behind the curb and/or sidewalk. The goal is to absorb a vehicle that attempts to leave the roadway from crossing the sidewalk and potentially striking a pedestrian or the HOA wall. •Advantages – palm trees are more aesthetically pleasing than other options. Fully grown they may assist with stopping a direct impact and can be illuminated at night. They can be easily installed quickly. •Disadvantages – mature palm trees are a potential hazard to a driver and can cause severe injury. •Estimated Cost - $124,740 for 16 mature palm trees Option F – Large Rocks or Boulders. The installation of large rocks or boulders in front of, or behind the curb and/or sidewalk. •Advantages – large boulders are more aesthetically pleasing than other options. Larger boulders may assist with stopping a direct impact and can be illuminated at night. They can be easily installed quickly. •Disadvantages – larger boulders are a potential hazard to a driver and can cause severe damage and injury. They also may shatter upon impact, sending projectiles that are harmful or may even be launched into the HOA wall. •Estimated Cost - $62,304 to install Recommendation Staff recommends Option A (stop signs), in conjunction with possible implementation of either Option B (concrete K rails) or C (guard rails). Option D (safety and landscape lighting) can be included with any of the options. Sample pictures of Options B and C are shown in Attachment 3. Attachments: 1.Vicinity Map 2.Opinion of Probable Costs 3. Sample Photos of Options B and C 763 764 VICINITY MAP ATTACHMENT 1 ATTACHMENT 1765 766 Option A All-way stop 3,850$ -$ -$ 3,850$ 3,850$ Option B Concrete k-rail 51,700$ 5,170$ 5,170$ 62,040$ 31,020$ Option C Guardrail 41,250$ 4,125$ 4,125$ 49,500$ 24,750$ Option D Roadway and landscape lighting 56,100$ 5,610$ 5,610$ 67,320$ 33,660$ Option E Additional palm trees 103,950$ 10,395$ 10,395$ 124,740$ 62,370$ Option F Large rock or boulder 51,920$ 5,192$ 5,192$ 62,304$ 31,152$ New Option G Concrete bollards 60,000$ 6,000$ 6,000$ 72,000$ 36,000$ Design is 10% of Construction and Construction Management and Inspection is 10% of Construction Eastbound Only Cost OPINION OF PROBABLE COSTS CALLE TAMPICO AT PARK AVENUE CURVE IMPROVEMENTS CONSTRUCTION COST SUMMARY CITY OF LA QUINTA Total Project CostAlternativeDescriptionDesign Construction Management and InspectionConstruction REVISED ATTACHMENT 2 767 768 ATTACHMENT 3 Option C: Guardrail Sample Photos 769 Option B: Concrete K-Rail Samples 770 Extended Amount Install signing and striping LS 1 $ 3,500 $ 3,500.00 3,500$ 350$ 3,850$ -$ -$ Item No.Description Unit Estimated Quantity Unit Prices OPINION OF PROBABLE COSTS CALLE TAMPICO AT PARK AVENUE IMPROVEMENTS CITY OF LA QUINTA OPTION A - INSTALL ALL-WAY STOP SUB-TOTAL 10% Contingency TOTAL COST OF CONSTRUCTION DESIGN CONSTRUCTION MANAGEMENT AND INSPECTION Option A 2 of 8 CITY COUNCIL MEETING - JUNE 18, 2019 DEPARTMENTAL REPORT ITEM NO. 5-A ADDITIONAL REPORT DETAILS PROVIDED BY STAFF DURING THE MEETING Extended Amount Mobilization LS 1 $ 10,000 $ 10,000 Traffic control LS 1 $ 3,000 $ 3,000 Install concrete K-railing LF 200 $ 20 $ 4,000 Install k-rail end treatment EA 2 $ 15,000 $ 30,000 47,000$ 4,700$ 51,700$ Item No.Description Unit Estimated Quantity Unit Prices OPINION OF PROBABLE COSTS CALLE TAMPICO AT PARK AVENUE IMPROVEMENTS CITY OF LA QUINTA OPTION B - K RAILING SUB-TOTAL 10% Contingency TOTAL COST OF CONSTRUCTION Option B 3 of 8 CITY COUNCIL MEETING - JUNE 18, 2019 DEPARTMENTAL REPORT ITEM NO. 5-A ADDITIONAL REPORT DETAILS PROVIDED BY STAFF DURING THE MEETING Extended Amount Mobilization LS 1 $ 5,000 $ 5,000 Traffic control LS 1 $ 1,000 $ 1,000 Clearing, Grubbing, and Removals LS 1 $ 1,500 $ 1,500 Construct metal guardrail LF 200 $ 100 $ 20,000 Landscaping adjacent to guardrail LS 1 $ 10,000 $ 10,000 37,500$ 3,750$ 41,250$ Item No.Description Unit Estimated Quantity Unit Prices OPINION OF PROBABLE COSTS CALLE TAMPICO AT PARK AVENUE IMPROVEMENTS CITY OF LA QUINTA OPTION C - GUARD RAIL SUB-TOTAL 10% Contingency TOTAL COST OF CONSTRUCTION Option C 4 of 8 CITY COUNCIL MEETING - JUNE 18, 2019 DEPARTMENTAL REPORT ITEM NO. 5-A ADDITIONAL REPORT DETAILS PROVIDED BY STAFF DURING THE MEETING Extended Amount Mobilization LS 1 $ 3,000 $ 3,000 Traffic control LS 1 $ 1,000 $ 1,000 Install roadway lighting LS 1 $ 32,000 $ 32,000 Install landscape lighting LS 1 $ 15,000 $ 15,000 51,000$ 5,100$ 56,100$ Unit Estimated Quantity Unit Prices OPINION OF PROBABLE COSTS CALLE TAMPICO AT PARK AVENUE IMPROVEMENTS CITY OF LA QUINTA OPTION D - ROADWAY AND LANDSCAPE LIGHTING SUB-TOTAL 10% Contingency TOTAL COST OF CONSTRUCTION Item No.Description Option D 5 of 8 CITY COUNCIL MEETING - JUNE 18, 2019 DEPARTMENTAL REPORT ITEM NO. 5-A ADDITIONAL REPORT DETAILS PROVIDED BY STAFF DURING THE MEETING Extended Amount Mobilization LS 1 $ 10,000 $ 10,000 Traffic control LS 1 $ 3,000 $ 3,000 Clearing, Grubbing, and Removals LS 1 $ 1,500 $ 1,500 Plant additional mature palm trees EA 16 $ 5,000 $ 80,000 94,500$ 9,450$ 103,950$ Item No.Description Unit Estimated Quantity Unit Prices OPINION OF PROBABLE COSTS CALLE TAMPICO AT PARK AVENUE IMPROVEMENTS CITY OF LA QUINTA OPTION F - PLANT ADDITIONAL PALM TREES SUB-TOTAL 10% Contingency TOTAL COST OF CONSTRUCTION Option E 6 of 8 CITY COUNCIL MEETING - JUNE 18, 2019 DEPARTMENTAL REPORT ITEM NO. 5-A ADDITIONAL REPORT DETAILS PROVIDED BY STAFF DURING THE MEETING Extended Amount Mobilization LS 1 $ 2,500 $ 2,500 Traffic control LS 1 $ 1,500 $ 1,500 Install large rocks or boulders EA 24 $ 1,800 $ 43,200 47,200$ 4,720$ 51,920$ Item No.Description Unit Estimated Quantity Unit Prices OPINION OF PROBABLE COSTS CALLE TAMPICO AT PARK AVENUE IMPROVEMENTS CITY OF LA QUINTA OPTION F - LARGE ROCK OR BOULDERS SUB-TOTAL 10% Contingency TOTAL COST OF CONSTRUCTION Option F 7 of 8 CITY COUNCIL MEETING - JUNE 18, 2019 DEPARTMENTAL REPORT ITEM NO. 5-A ADDITIONAL REPORT DETAILS PROVIDED BY STAFF DURING THE MEETING Extended Amount Mobilization LS 1 $- Traffic control LS 1 $- Clearing, Grubbing, and Removals LS 1 $- Construct gabion wall LF 24 $ 2,500 $ 60,000 60,000$ 60,000$ Item No.Description Unit Estimated Quantity Unit Prices OPINION OF PROBABLE COSTS CALLE TAMPICO AT PARK AVENUE IMPROVEMENTS CITY OF LA QUINTA OPTION G - CONCRETE BOLLARDS SUB-TOTAL 10% Contingency TOTAL COST OF CONSTRUCTION Option G 8 of 8 CITY COUNCIL MEETING - JUNE 18, 2019 DEPARTMENTAL REPORT ITEM NO. 5-A ADDITIONAL REPORT DETAILS PROVIDED BY STAFF DURING THE MEETING D E S I G N A N D D E V E L O P M E N T D E P A R T M E N T R E P O R T -   M A Y   2 0 1 9 M A Y 2 0 1 9 R E P O R T T H E D E S I G N A N D D E V E L O P M E N T D E P A R T M E N T R E P R E S E N T S O N E O F S I X C I T Y D E P A R T M E N T S , A N D C O N S I S T S O F S I X D I V I S I O N S : T H E H U B , P L A N N I N G , B U I L D I N G , P U B L I C W O R K S D E V E L O P M E N T , E N G I N E E R I N G S E R V I C E S , A N D A D M I N I S T R A T I O N .       Design and Development Department the HUB The Hub serves as a one-stop shop for La Quinta patrons.  It is the central location for obtaining permits for planning, building, engineering, garage sales, and special events.  The Hub assists customers through the permitting process from initial questions and pre-application meetings through inspections and final certificate of occupancy.  Below are some May 2019 metrics:   CUSTOMER SATISFACTION Permit and Project Fees Collected $423,545 $1,855,819 Active STVRP Business Licenses 1,245 1,1201,660 82 389 Phone Calls Received Total Customers Served Total Issued Permits  Total  E-TRAKiT Permits TOT Collected In June 2016, The Hub launched a survey to measure the satisfaction of its customers.  The  survey  uses a one to five point rating system, with five points being 100% excellent. The Hub Customer Satisfaction survey results for the month of May 2019 averaged at 94.2%. 0 25 50 75 100 Wait TimeHelpfulnessQualityDEPARTMENTAL REPORT ITEM NO. 5 DEPARTMENTAL REVIEW NO. 5771 D E S I G N A N D D E V E L O P M E N T D E P A R T M E N T R E P O R T -   M A Y   2 0 1 9 M A Y 2 0 1 9 R E P O R T Design and Development Department PLANNING ACTIVITY BUILDING The Building Division administers all building permit applications and plans for compliance with requirements established in the entitlement process, La Quinta Municipal Code, and all currently applicable California Building Standards Codes. Includes sign applications, temporary use permits, minor use permits, final landscaping plans, etc. Planning Permits The Planning Division works with residential and commercial property/business owners and developers to ensure development in the City is constructed consistent with the City’s goals and policies. 772 D E S I G N A N D D E V E L O P M E N T D E P A R T M E N T R E P O R T -   M A Y   2 0 1 9 M A Y 2 0 1 9 R E P O R T Design and Development Department TRAFFIC & CIP SHORT-TERM VACATION RENTAL THE PROGRAM The Short Term Vacation Rental Program, Vacation LQ,  continues to grow, as new properties register each month. During the month of May 2019, the following permits were issued and TOT processed: The Development Division provides engineering assistance with a variety of permits. During the month of May 2019, the following number of permits and applications were processed: The Engineering Services Division provides engineering design and construction oversight and traffic support on a variety of infrastructure projects that help keep La Quinta safe and beautiful.  Highlighted below are some activities for May 2019:   ENGINEERING SERVICES PUBLIC WORKS DEVELOPMENT CIP PROJECTS IN PROGRESS TRAFFIC The contractor for the Jefferson Street Sidewalk Gap Closure project has completed construction of the sidewalk on Jefferson Street at Avenue 50. On-site construction continues at private development projects including Andalusia, Griffin Ranch, Monterra, Codorniz, The Citrus, Floresta, and Washington Street Apartments.  The contractor for the PMP FY 18/19 Avenue 52 Pavement Rehabilitation and Miscellaneous Striping project is striping on Avenue 52 and various locations throughout the City. The contractor for the Eisenhower Drive Drainage Improvements project has begun preliminary survey and locating existing utilities in preparation of the storm drain installation on Eisenhower Drive between Avenida Fernando and Coachella Drive. The contractor for the Dune Palms Road Widening project has installed chain link fencing and has begun removing shrubs and debris in preparation for the removal of the existing mobile homes.   37 requests for service were recorded in City’s GORequest system in May 2019: The Traffic Team responded to 35 repair requests and 2 preventative maintenance work orders. 773 774 FACILITIES DEPARTMENT May 2019 The Facilities Department is managed by three Divisions; Public Works Maintenance, Parks, and Buildings. MAINTENANCE EXPENDITURES •Public Works $47,952 •Parks $12,380 •Buildings $11,572 •Total Expenditures: $71,904 •Total Hours: 1,596 For the month of May, 408 requests were received from residents and staff. Request topics are listed on Attachments 1, 2,and 3. Maintenance expenditures and task hours are recorded in GoRequest. Top Requests in May:  Public Works - Street Signs  Public Works - Landscape Irrigation  Parks– Landscape Improvements  Parks - Irrigation/Repair  Buildings - Painting  Buildings - Personnel Requests POSITIVE SURVEY FEEDBACK FROM RESIDENTS:  “Quick response and took extra steps and also cleaned front entrance area ”.  “It’s great to have this service”.  “I am so happy to live in a City where people truly care. Your teams are amazing”.  “Fast, less than 24 hours”. ATTACHMENTS: 1. Public Works Maintenance Expenditures by Task for May. 2. Parks Maintenance Expenditures by Task for May. 3. Building Maintenance Expenditures by Task for May. 4. Customer Satisfaction Survey Details for May. DEPARTMENTAL REPORT ITEM NO. 6 775 776 Graffiti $3,978.25 Gutter/Sand Removal $98.94 Landscape Irigation $5,859.57 Street Sweeping $589.59 Office Work $2,586.30 Vandalism Repair $449.68 Debris/Litter Removal $4,580.69 Lighting -Medians $611.95 Seminars/Training $732.26 Yard Maintenance $275.14 Pothole or Street Repair $4,648.34 Pavement Marking $274.41 Tree Issues $57.47 Concrete Sidewalk Repairs $2,985.62 Curb Painting $152.00 Storm Drain Maint $938.79 Street Signs $16,097.01 Vehicle Equipment $541.32 Inspection $2,494.50 Graffiti Gutter/Sand Removal Landscape Irigation Street Sweeping Office Work Vandalism Repair Debris/Litter Removal Lighting - Medians Seminars/Training Yard Maintenance Pothole or Street Repair Pavement Marking Tree Issues Concrete Sidewalk Repairs Flood Control Curb Painting Storm Drain Maint Street Signs Vehicle Equipment Inspection Total Maintenance Expenditures: $47,952 Public Works Monthly Maintenance Expenditures by Task for May 2019 ATTACHMENT 1 ATTACHMENT 1777 778 Amenities Preservation $263.84 Meeting $995.27 FB Pool Inspection $168.34 Gopher & Dog Holes Pest Contro; $483.37 Civic Center Lake Insp. $252.51 Debris/Litter Removal $691.57 Vehicle Equip Maint $84.17 Insp. Maintenance $759.84 Seminars/Training $84.17 Landscape Improvements $2,452.26 Skate Park Maint $219.53 Shade Structure Repair $168.34 Hardscape Maint $871.24 Painting $153.57 Drinking Fountain Repair $65.96 Irrigation Check/Repair $1,914.26 Playground Equip Maint $84.17 Gare/Fence Repair $519.79 Sport Field Maint $32.98 Vandalism Repair $1,683.40 Graffiti $431.66 Amenities Preservation Meeting FB Pool Inspection Gopher & Dog Holes Pest Contro; Civic Center Lake Insp. Debris/Litter Removal Vehicle Equip Maint Insp. Maintenance Seminars/Training Landscape Improvements Skate Park Maint Shade Structure Repair Hardscape Maint Painting Drinking Fountain Repair Irrigation Check/Repair Playground Equip Maint Gare/Fence Repair Sport Field Maint Vandalism Repair Graffiti Total Maintence Expenditures:$12,380 Parks Monthly Maintenance Expenditures by Task for May 2019 ATTACHMENT 2 ATTACHMENT 2779 780 781 782 783 784 785 786 Meetings $77.79 Preventative Maint $346.92 Painting $2,816.64 Pest Control $44.75 Carpentry/Hardware $714.83 Electrical $158.13 Plumbing $753.21 Security/Alarms/Doors $89.50 Facilities Maint $1,312.77 General Repairs $588.74 Personnel Requests $2,720.92 Library $475.88 Museum $136.92 Fire Stations $1,335.11 Meetings Preventative Maint Painting Pest Control Carpentry/Hardware Electrical Plumbing Security/Alarms/Doors Facilities Maint General Repairs Personnel Requests Library Museum Fire Stations Total Maintenance Expenditures: $11,572 Buildings Monthly Maintenance Expenditures by Task for May 2019 ATTACHMENT 3 ATTACHMENT 3787 788 789 790 791 792 793 794 Customer Satisfaction Survey Details 05/01/2019 to 05/31/2019 Request: 37689 Survey Entered: 05-01-2019 Request Entered: 04/10/2019 Closed: 04/24/2019 Days Open: 14 Topic: Library/Lighting Location: 78275 Calle Tampico La Quinta CA 92253 Employee: Alfred Berumen Customer: Minerva Ochoa Description: Entry lights out (around circ area and down hallway every other light) Reason Closed: Work is done. How pleased were you with the helpfulness of the city employee who initially took your service request?: Superior Rate our knowledge and ability to process your request timely: Superior Were we courteous and professional?: Superior In general, how pleased are you with the city services you received during the past year?: Exceeded Request: 37822 Survey Entered: 05-08-2019 Request Entered: 04/21/2019 Closed: 05/01/2019 Days Open: 10 Topic: Parks/Irrigation Check/Repair Location: Employee: Robert Ambriz Jr. Customer: Andrea Calise Description: Some of the grass at Desert Pride Park is brown and extremely dry. The ground is dry, and most of the green on the ground is weeds, not grass. I bought my house across the street specifically because of the beauty of the park at the time. Please don't let my mind change on that! Reason Closed: Landscape contractor fixed 6 broken sprinklers, readjusted the irrigation schedule, and added some fertilizer to help control weeds and make Bermuda grass green. How pleased were you with the helpfulness of the city employee who initially took your service request?: Good Rate our knowledge and ability to process your request timely: Good Were we courteous and professional?: Good In general, how pleased are you with the city services you received during the past year?: Exceeded Request: 37862 Survey Entered: 05-03-2019 Request Entered: 04/23/2019 Closed: 04/26/2019 Days Open: 3 Topic: Graffiti Removal (Right-of-Way) - 1071 Location: 75-410 Gerald Ford Dr., Suite 200 Palm Desert CA 92211 Employee: James Lindsey Customer: Jeanne Bourgeois Description: 4.23.19: Graffiti on wind screen next to PetSmart, 2 different sets of graffiti. This address registered with the Graffiti Abatement Services program. Thank you, Jeanne Bourgeois Property Manager NAI Capital Management, Inc. 760.896.8761 Reason Closed: We removed the graffiti from the wind screen. Work done How pleased were you with the helpfulness of the city employee who initially took your service request?: Good Rate our knowledge and ability to process your request timely: Superior Were we courteous and professional?: Good In general, how pleased are you with the city services you received during the past year?: Exceeded ATTACHMENT 4 ATTACHMENT 4795 Request: 37879 Survey Entered: 05-03-2019 Request Entered: 04/24/2019 Closed: 04/26/2019 Days Open: 2 Topic: Graffiti Removal (Right-of-Way) - 1071 Location: 75-410 Gerald Ford Dr., Suite 200 Palm Desert CA 92211 Employee: James Lindsey Customer: Jeanne Bourgeois Description: Graffiti on wall behind bus stop near 79-305 Hwy 111; on cement border by grass behind bus stop; and and on concrete border by parking area Reason Closed: We removed the graffiti from the different locations. Work done How pleased were you with the helpfulness of the city employee who initially took your service request?: Good Rate our knowledge and ability to process your request timely: Superior Were we courteous and professional?: Good In general, how pleased are you with the city services you received during the past year?: Exceeded Request: 37880 Survey Entered: 05-02-2019 Request Entered: 04/24/2019 Closed: 05/02/2019 Days Open: 8 Topic: Library/Misc; General Repairs Location: 78275 Calle Tampico La Quinta CA 92253 Employee: Alfred Berumen Customer: Minerva Ochoa Description: Handicapped front door entrance button (inside) not working. Reason Closed: work done How pleased were you with the helpfulness of the city employee who initially took your service request?: Superior Rate our knowledge and ability to process your request timely: Superior Were we courteous and professional?: Superior In general, how pleased are you with the city services you received during the past year?: Exceeded Request: 37881 Survey Entered: 05-07-2019 Request Entered: 04/24/2019 Closed: 04/29/2019 Days Open: 5 Topic: Library/Electical Location: 78275 Calle Tampico La Quinta CA 92253 Employee: Alfred Berumen Customer: Minerva Ochoa Description: Lights front entry area and down hallway not working. Reason Closed: Work is done. How pleased were you with the helpfulness of the city employee who initially took your service request?: Superior Rate our knowledge and ability to process your request timely: Superior Were we courteous and professional?: Superior In general, how pleased are you with the city services you received during the past year?: Exceeded 796 Request: 37882 Survey Entered: 05-07-2019 Request Entered: 04/24/2019 Closed: 04/29/2019 Days Open: 5 Topic: Library/Janitorial Location: 78275 Calle Tampico La Quinta CA 92253 Employee: Alfred Berumen Customer: Minerva Ochoa Description: Main courtyard and back courtyard by staff entrance need cleaning. Please clean leaves, wash off benches and empty trash can. Library and City will be having events on Saturday April 27th. Reason Closed: work done. How pleased were you with the helpfulness of the city employee who initially took your service request?: Superior Rate our knowledge and ability to process your request timely: Superior Were we courteous and professional?: Superior In general, how pleased are you with the city services you received during the past year?: Exceeded How can the City improve?: Quick response and took extra steps and also cleaned front entrance area. Request: 37883 Survey Entered: 05-10-2019 Request Entered: 04/24/2019 Closed: 05/03/2019 Days Open: 9 Topic: Pothole or Street Repair - 1001 Location: Employee: James Lindsey Customer: Lori Jonasson Description: Pothole patch failing Reason Closed: Cutout problem area, located poor compacted area, filled with dirt and base material. temped area for compaction and patched. There is a duplicate goreqest #37883. How pleased were you with the helpfulness of the city employee who initially took your service request?: Superior Rate our knowledge and ability to process your request timely: Superior Were we courteous and professional?: Superior In general, how pleased are you with the city services you received during the past year?: Met How can the City improve?: I received this notice that I have not yet filled out a survey yet this is the first email I’ve gotten with the survey link. You need to contact GovOutreach and let them know something isn’t working properly. Request: 37904 Survey Entered: 05-10-2019 Request Entered: 04/25/2019 Closed: 05/03/2019 Days Open: 8 Topic: Pothole or Street Repair - 1001 Location: 79738 America Ct La Quinta CA 92253 Employee: James Lindsey Customer: Kelly Thomas Description: Small sink hole. Was repaired in the past. Appears to be reforming Reason Closed: Cutout, filled with base material, compacted and patched. Work done. How pleased were you with the helpfulness of the city employee who initially took your service request?: Superior Rate our knowledge and ability to process your request timely: Superior Were we courteous and professional?: Superior In general, how pleased are you with the city services you received during the past year?: Exceeded 797 Request: 37975 Survey Entered: 05-10-2019 Request Entered: 05/01/2019 Closed: 05/01/2019 Days Open: 0 Topic: Debris/Litter Removal/Right of Way Maint - 1011 Location: Employee: James Lindsey Customer: Phil Cordova Description: Glass in bike lane Reason Closed: Work done How pleased were you with the helpfulness of the city employee who initially took your service request?: Superior Rate our knowledge and ability to process your request timely: Superior Were we courteous and professional?: No answer In general, how pleased are you with the city services you received during the past year?: Exceeded Request: 37994 Survey Entered: 05-13-2019 Request Entered: 05/01/2019 Closed: 05/06/2019 Days Open: 5 Topic: Parks/Gopher & Dog Holes, Pest Control Location: La Quinta CA Employee: Robert Ambriz Jr. Customer: C Barron Description: Bees. Can you please remove prior to Saturday? We are hosting a area select Tournament. Reason Closed: Checked for bees under the irrigation box at La Quinta Park. Called Truly Nolan to come out and remove bees. Bees were all gone by Friday morning. Work done. How pleased were you with the helpfulness of the city employee who initially took your service request?: Superior Rate our knowledge and ability to process your request timely: Superior Were we courteous and professional?: No answer In general, how pleased are you with the city services you received during the past year?: Exceeded Request: 37998 Survey Entered: 05-17-2019 Request Entered: 05/02/2019 Closed: 05/10/2019 Days Open: 8 Topic: Pothole or Street Repair - 1001 Location: Employee: James Lindsey Customer: Kristin Hermann Description: We realized this morning on our walk that after Desert Club Estates was slurry sealed, it does not appear any of the blue reflectors were laid down to indicate fire hydrants Reason Closed: placed 21 double sided blue reflecters across from all fire hydrants on all streets between calle rondo and calle obibspo How pleased were you with the helpfulness of the city employee who initially took your service request?: Superior Rate our knowledge and ability to process your request timely: Superior Were we courteous and professional?: Superior In general, how pleased are you with the city services you received during the past year?: Met How can the City improve?: It’s great to have this servide 798 Request: 38049 Survey Entered: 05-13-2019 Request Entered: 05/06/2019 Closed: 05/06/2019 Days Open: 0 Topic: Parks/Gate/Fence Repairs Location: Employee: Robert Ambriz Jr. Customer: Rex Marlowe Description: Door handle is missing. Reason Closed: Installed gate handle. How pleased were you with the helpfulness of the city employee who initially took your service request?: Superior Rate our knowledge and ability to process your request timely: Superior Were we courteous and professional?: Superior In general, how pleased are you with the city services you received during the past year?: Exceeded Request: 38109 Survey Entered: 05-15-2019 Request Entered: 05/08/2019 Closed: 05/08/2019 Days Open: 0 Topic: Storm Drain Repair and Maint - 1023 Location: 79710 Star Flower Trail La Quinta CA 92253 Employee: James Lindsey Customer: Liza Corsey Description: Hello - the drain in our cul de sac is overgrown and there is what looks like a palm tree growing in the rain gutter. Thank you! Reason Closed: Removed small palm tree growing in storm drain and remove grass growing from drain. How pleased were you with the helpfulness of the city employee who initially took your service request?: Superior Rate our knowledge and ability to process your request timely: Superior Were we courteous and professional?: Superior In general, how pleased are you with the city services you received during the past year?: Exceeded How can the City improve?: I'm so happy to live in a city where people truly care. Your teams are amazing!! Request: 38123 Survey Entered: 05-22-2019 Request Entered: 05/08/2019 Closed: 05/10/2019 Days Open: 2 Topic: Park/Playground Inspections -1031 Location: Employee: Robert Ambriz Jr. Customer: Angie Description: Has a little graffiti, always has a lot of bird poop on park, sometimes on the slide and on the swings. Also, the dog park has lights but the park has no lights for children to play later in the day. Maybe add solar powered lights or motion sensor lights. Reason Closed: Pressure washed the playground and removed graffiti. City will look into installing solar powered lights or motion sensor lights later this year after parks budget is replenished for new fiscal year. How pleased were you with the helpfulness of the city employee who initially took your service request?: Good Rate our knowledge and ability to process your request timely: Good Were we courteous and professional?: Good In general, how pleased are you with the city services you received during the past year?: Met 799 Request: 38158 Survey Entered: 05-15-2019 Request Entered: 05/10/2019 Closed: 05/14/2019 Days Open: 4 Topic: Street Sign Repair/Maint - 1010 Location: 50-650 Santa Rosa Plaza La Quinta CA 92253 Employee: James Lindsey Customer: Cindy Bass Description: The stop sign at the intersection of La Quinta Lake and Washington is missing. Also the street name sign is down at the north east corner of Avenida Bermudas and Calle Tampico. Reason Closed: Reinstalled R1-1 @ Lake La Quinta Dr./ Washington St intersect. Work Done. How pleased were you with the helpfulness of the city employee who initially took your service request?: Superior Rate our knowledge and ability to process your request timely: Superior Were we courteous and professional?: Superior In general, how pleased are you with the city services you received during the past year?: Exceeded Request: 38159 Survey Entered: 05-21-2019 Request Entered: 05/10/2019 Closed: 05/14/2019 Days Open: 4 Topic: Parks/Drinking Fountain Repair Location: 50650 Santa Rosa Plza. #8 La Quinta CA 92253 Employee: Robert Ambriz Jr. Customer: Roy Bass Description: The drinking fountain on Wolfe Creek trail at Ensenada and Montezuma leaks when it is turned on. Most of the water runs to the ground. The leak seams to be in the pipe between the short fountain and the taller one. Reason Closed: Repaired leaking pressure regulator. How pleased were you with the helpfulness of the city employee who initially took your service request?: Good Rate our knowledge and ability to process your request timely: Good Were we courteous and professional?: No answer In general, how pleased are you with the city services you received during the past year?: Met How can the City improve?: Stopped the leak but now the drinking fountain does not work. Request: 38364 Survey Entered: 05-31-2019 Request Entered: 05/24/2019 Closed: 05/24/2019 Days Open: 0 Topic: Landscape/Irrigation Contract Management - 1050 Location: Employee: James Lindsey Customer: Tokiyo Ochi Description: Wash basin Desert stream Reason Closed: Dug out irrigation sprinkler and fixed broken threaded elbow. How pleased were you with the helpfulness of the city employee who initially took your service request?: No answer Rate our knowledge and ability to process your request timely: Superior Were we courteous and professional?: No answer In general, how pleased are you with the city services you received during the past year?: Met 800 Request: 38365 Survey Entered: 05-29-2019 Request Entered: 05/24/2019 Closed: 05/29/2019 Days Open: 5 Topic: Library/Misc; General Repairs Location: 78275 Calle Tampico La Quinta CA 92253 Employee: Alfred Berumen Customer: Minerva Ochoa Description: Front door very difficult to unlock. When key is inserted it takes an extreme amount of pressure to be able to unlock front door. Reason Closed: Work is done. How pleased were you with the helpfulness of the city employee who initially took your service request?: Superior Rate our knowledge and ability to process your request timely: Superior Were we courteous and professional?: Superior In general, how pleased are you with the city services you received during the past year?: Exceeded Request: 38377 Survey Entered: 05-31-2019 Request Entered: 05/27/2019 Closed: 05/28/2019 Days Open: 1 Topic: Tree Issues Location: Employee: James Lindsey Customer: Marge DeNovi Description: Last Sunday in one of our windstorms this part of the tree ripped away and blocked one lane of Arroba. Residents were not home and a passing motorist pulled it off of road before non emergency response arrived. This home is a rental with no gardening noted. Last year this tree got hit by what appears to be the blue bug and has deteriorated badly. Was wondering if owner or who ever manages the rental could be approached to possibly have tree, which is in bad shape, removed preferably before more limbs come down? Address is 53745 Avenida Navarro. Reason Closed: Broken tree branch has been removed. How pleased were you with the helpfulness of the city employee who initially took your service request?: Good Rate our knowledge and ability to process your request timely: Superior Were we courteous and professional?: No answer In general, how pleased are you with the city services you received during the past year?: Below How can the City improve?: I wanted owner who doesn’t live onsite to remove the rest of the dead tree Request: 38388 Survey Entered: 05-29-2019 Request Entered: 05/28/2019 Closed: 05/29/2019 Days Open: 1 Topic: Street Sign Repair/Maint - 1010 Location: Employee: James Lindsey Customer: Andrea Dooley Description: Red STOP SIGN MISSING Reason Closed: Picked up new sign from tops and replaced the missing sign. How pleased were you with the helpfulness of the city employee who initially took your service request?: Superior Rate our knowledge and ability to process your request timely: Superior Were we courteous and professional?: Superior In general, how pleased are you with the city services you received during the past year?: Exceeded How can the City improve?: Fast. Less than 24 hours 801 802 FINANCIAL ADVISORY COMMISSION MINUTES 1 APRIL 10, 2019 SPECIAL MEETING FINANCIAL ADVISORY COMMISSION MINUTES WEDNESDAY, APRIL 10, 2019 CALL TO ORDER A special meeting of the La Quinta Financial Advisory Commission (Commission) was called to order at 4:00 p.m. by Chairperson Mills. PRESENT: Commissioners: Batavick, Hunter, Lopez, Rosen, Turbow, Twohey, and Chairperson Mills ABSENT:None PLEDGE OF ALLEGIANCE Commissioner Lopez led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA – Confirmed ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS – None CONSENT CALENDAR ITEMS 1. APPROVE FINANCIAL ADVISORY COMMISSION MINUTES DATED MARCH 20, 2019 2. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED JANUARY 31, 2019 3. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED FEBRUARY 28, 2019 Motion – A motion was made and seconded by Commissioners Twohey/Lopez to approve the Consent Calendar, as submitted. Motion passed unanimously BUSINESS SESSION 1. APPROVE THE PROPOSED USES OF MEASURE G SALES TAX FUNDS WITHIN THE 2019/20 CAPITAL IMPROVEMENT PROGRAM Finance Director Campos presented the staff report, which is on file in the Finance Department. General discussion followed regarding appropriations included in the budget; summary of current Measure G appropriation for Capital Improvement projects; current proposed REPORTS AND INFORMATIONAL ITEM NO. 28 803 FINANCIAL ADVISORY COMMISSION MINUTES 2 APRIL 10, 2019 SPECIAL MEETING projects and their designs; and appropriation of Measure G funds already approved by Council for X-Park operations. Motion – A motion was made and seconded by Commissioners Lopez/Twohey to recommend approval of the proposed uses of Measure G sales tax funds within the 2019/20 Capital Improvement Program. Motion passed unanimously. 2. REVIEW AND APPROVE ACCOUNTS RECEIVABLE WRITE-OFF AND UNCLAIMED PROPERTY POLICY Finance Director Campos presented the staff report, which is on file in the Finance Department. The Commission and staff discussed the current process for accounts receivables and how adopting a policy is considered best practice. The Commission recommended the following changes: x Adding a $50,000 cumulative cap per year that would require Councils approval above this amount. x Requiring Councils approval for under and over payments to be recognized by the City as a loss or gain to revenue. Motion – A motion was made and seconded by Commissioners Batavick/Turbow to recommend Council approval of the accounts receivable write-off and unclaimed property policy and incorporate the amendments as listed above. Motion passed unanimously. 3. RECEIVE AND FILE FISCAL YEAR 2018/19 THIRD QUARTER BUDGET REPORT Finance Director Campos presented the staff report, which is on file in the Finance Department. The Commission discussed General Fund third quarter adjustments; the types of special revenue funds; additional appropriation from the General Fund to the SilverRock Operating Fund; and the total of the 2018/19 budgeted surplus without Measure G Reserves. Motion – A motion was made and seconded by Commissioners Lopez/Rosen to receive and file fiscal year 2018/19 third quarter budget report, as submitted. Motion passed unanimously. STUDY SESSION 1. DISCUSS FISCAL YEAR 2019/20 INVESTMENT POLICY Financial Services Analyst Hallick presented the staff report, which is on file in the Finance Department. General discussion followed on scope of changes; state code restrictions; and additional recommended changes by Commission. 804 FINANCIAL ADVISORY COMMISSION MINUTES 3 APRIL 10, 2019 SPECIAL MEETING The Commission inquired how they are to report to Council after each meeting. Finance Director Campos mentioned that the Commissions approved meeting minutes after each meeting are taken to the next scheduled City Council meeting for reporting. Finance Director Campos announced that the City recently received a best practice award for the City’s reserves policy from the Government Finance Offices Association. The Commission recommended posting the award on the City’s website. DEPARTMENTAL REPORTS Staff provided the Commission with verbal updates on the following Departmental Reports: 1. HIGHWAY 111 CORRIDOR AREA PLAN VERBAL UPDATE Finance Director Campos provided the Commission with a handout on the upcoming 3- day charrette for this event scheduled for April 24, 25, and 26. She gave a brief overview of what a charrette entails for each of the days scheduled and shared where the events would be held. Commissioner Batavick and Hunter expressed their willingness to attend a Charrette on behalf of the Commission. The Commission concurred. 2. VERBAL UPDATE ON REQUEST FOR PROPOSAL FOR BANKING AND MERCHANT SERVICES Finance Director Campos mentioned that from the six banks that responded, three were interviewed on Wednesday, April 3 and the other three were scheduled to be interviewed on Thursday, April 11. She told the Commission that the top two banks would be scheduled for a second interview. Finance Director Campos, Commission Batavick, and Chair Mills provided the commission with the scope of what each interview entailed. Finance Director Campos also shared with the Commission the banks other government agencies in the Coachella Valley are using. 3. VERBAL UPDATE ON REQUEST FOR INFORMATION FOR INVESTMENT BROKERS. Financial Services Analyst Hallick gave the current status on the Request for Information that was issued by the City on March 1, 2019. She mentioned that the City did receive ten responses and that review of the responses would take place toward the end of April. COMMISSIONERS’ ITEMS Commissioner Turbow inquired about the remaining Fiscal Year 2018/19 Commission meeting dates. Staff provided dates and possible items that would be on these upcoming meetings. The Commission inquired about the City’s effort to help during the Coachella and Stagecoach music festivals. Staff mentioned workshops that the City has done; 805 FINANCIAL ADVISORY COMMISSION MINUTES 4 APRIL 10, 2019 SPECIAL MEETING informational mailers that are sent out; initial staff meetings with local Home Owner Associations; and the Emergency Operation center activation that would take place to assist with traffic control. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Mills/Turbow to adjourn this meeting at 5:55 p.m. Motion passed unanimously. Respectfully submitted, Jessica Delgado, Management Assistant City of La Quinta, California Digitally signed by Jessica Delgado DN: cn=Jessica Delgado, o=City of La Quinta, ou=Finance Department, email=jdelgado@laquintaca.gov, c=US Date: 2019.06.12 11:55:34 -07'00' 806 FINANCIAL ADVISORY COMMISSION MINUTES 1 MAY 15, 2019 REGULAR QUARTERLY MEETING FINANCIAL ADVISORY COMMISSION MINUTES WEDNESDAY, MAY 15, 2019 CALL TO ORDER A regular quarterly meeting of the La Quinta Financial Advisory Commission (Commission) was called to order at 4:00 p.m. by Vice-Chair Twohey. PRESENT: Commissioners: Batavick, Hunter, Lopez, Rosen, Turbow, and Vice- Chair Twohey ABSENT:Chairperson Mills PLEDGE OF ALLEGIANCE Commissioner Lopez led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA – Confirmed ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS 1.HIGHWAY 111 CORRIDOR AREA PLAN Senior Planner Flores gave a brief presentation on the 3-day charrette related to the Highway 111 Corridor Area Plan that was held on April 24, 25, and 26. He explained and gave details to the commission regarding the different sessions that took place. CONSENT CALENDAR ITEMS 1.APPROVE FINANCIAL ADVISORY COMMISSION MINUTES DATED April 10, 2019 2. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED MARCH 31, 2019 3. RECEIVE AND FILE THIRD QUARTER 2018/19 TREASURY REPORTS FOR JANUARY, FEBRUARY, AND MARCH 2019 Motion – A motion was made and seconded by Commissioners Rosen/Batavick to approve the Consent Calendar, as submitted. Motion passed: ayes 6, noes 0, absent 1 (Mills). BUSINESS SESSION 1.REVIEW AND APPROVE RECOMMENDED CHANGES TO SURPLUS PROPERTY AND EQUIPMENT POLICY 807 FINANCIAL ADVISORY COMMISSION MINUTES 2 MAY 15, 2019 REGULAR QUARTERLY MEETING Finance Director Campos presented the staff report, which is on file in the Finance Department. The Commission and staff discussed the different procedures pertaining to surplus property with estimated value of $500 or less and the recommended time frame for policy review by the Finance Director. The Commission inquired on disposition of surplus property by individual employees. Staff replied that section IV (4) states the personal scrapping, recycling and disposal that is unauthorized by individual employees. Motion – A motion was made and seconded by Commissioners Lopez/Hunter to recommend Council approval for changes to surplus property and equipment policy. Motion passed: ayes 6, noes 0, absent 1 (Mills). 2. REVIEW AND APPROVE RECOMMENDED CHANGES TO PURCHASING AND CONTRACTING POLICY Account Technician Armendariz presented the staff report, which is on file in the Finance Department. Account Technician Armendariz provided the Commission with an overview of all changes recommended for the Purchasing and Contracting Policy (Policy). Staff provided the Commission with the process of expending and reporting to Council expenditures between $15,000 to $50,000. The Commission inquired and requested clarification to what a “responsible bidder” was that’s stated in section III (6) of the Policy. City Attorney, Ihrke explained that the Policy is set forth by law and legal guidelines and provided a brief explanation on the difference between a responsive and responsible bidder. The Commission recommended the following changes: x Adding that expenditures from $15,000 to $50,000 are reviewed quarterly by City Council. Motion – A motion was made and seconded by Commissioners Rosen/Lopez to recommend Council approval for changes to Purchasing and Contracting Policy. Motion passed: ayes 6, noes 0, absent 1 (Mills). 3. REVIEW AND APPROVE THE FISCAL YEAR 2019/20 MEETING DATES Financial Service Analyst Hallick presented the staff report, which is on file in the Finance Department. Motion – A motion was made and seconded by Commissioners Lopez/Hunter to approve the fiscal year 2019/20 meeting dates, as submitted. Motion passed: ayes 6, noes 0, absent 1 (Mills). 4. APPROVE FISCAL YEAR 2019/20 INVESTMENT POLICY Financial Services Analyst Hallick presented the staff report, which is on file in the Finance Department. 808 FINANCIAL ADVISORY COMMISSION MINUTES 3 MAY 15, 2019 REGULAR QUARTERLY MEETING General discussion followed on scope of changes; state code restrictions; and additional recommended changes by Commission. Motion – A motion was made and seconded by Commissioners Lopez/Rosen to recommend Council approval for the fiscal year 2019/20 Investment Policy. Motion passed: ayes 6, noes 0, absent 1 (Mills). STUDY SESSION 1. DISCUSS INTERFUND LOAN REPAYMENT OPTIONS Finance Director Campos presented the staff report, which is on file in the Finance Department. The Commission and staff discussed the outstanding loans for the SilverRock Resort Fund, the different types of Development Impact Fee (DIF) loans, the history and overview of the outstanding loans due to the General Fund, and the options available for repayment of the DIF Fund loans. The Commission inquired how the City would write-off these types of loans. Staff explained that the loans are disclosed annually in the City’s financial statements, a write- off would be disclosed as an extraordinary expense, it would remove the receivable completely because it’s not collectable and there’s no cash value to the accounting journal entry, and it would drop the total Reserves Fund balance. The Commission requested Staff prepare a draft financial statement note disclosure for the write-off and provide examples of financial statement impacts. Staff agreed to bring back the requests at a special meeting on June 5, 2019. 2. FISCAL YEAR 2019/20 PRELIMINARY PROPOSED BUDGET Finance Director Campos presented the staff report, which is on file in the Finance Department. The Commission and staff discussed the General Fund Summary for budgeted surplus request; revenue projections; the General Fund expenses for capital improvements; Art in Public Places Fund and other Special Funds for the proposed budget that will be presented at the next Council meeting on June 4; and Internal Service Fund expenses. 3. DISCUSS BANKING AND MERCHANT SERVICES Financial Services Analyst Hallick presented the staff report, which is on file in the Finance Department. COMMISSIONER ROSEN LEFT THE DAIS AT 5:43 P.M The Commission and staff discussed the process and possible fees associated with the City’s transfer from one bank to another and the Selection Committee’s recommended choice from the top two banks that were given a second interview. 809 FINANCIAL ADVISORY COMMISSION MINUTES 4 MAY 15, 2019 REGULAR QUARTERLY MEETING Commission Batavick complimented staff on the effort put forth during the interviews and selection process. He provided his perspective of the second interview and the overall selection process for banking and merchant services. Finance Director Campos provided the Commission with her recommended timeline for issuing another request for proposal for banking and merchant services in the future. Commissioner Batavick motioned to support the selection committee and staff’s recommendation of Bank of the West for banking and merchant services for Council approval. Motion – A motion was made and seconded by Commissioners Batavick/Turbow to recommend Council approval for new banking and merchant services with Bank of the West. Motion passed: ayes 5, noes 0, absent 2 (Mills and Rosen). DEPARTMENTAL REPORTS All departmental reports are on file in the Finance Department. 1. ANNUAL BOARD AND COMMISSION RECRUITMENTS Staff provided the Commission with the annual board and commission recruitment process and timeline. They also mentioned the other vacancies for all of the City of La Quinta’s board and commissions. 2. FOURTH QUARTER 2018 (OCTOBER – DECEMBER 2018) SALES TAX UPDATE FOR THE CITY OF LA QUINTA Financial Services Analyst Hallick presented the staff report, which is on file in the Finance Department. Staff and Commission discussed the timing for sales tax disbursements. COMMISSIONERS’ ITEMS – None ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Turbow/Lopez to adjourn this meeting at 6:08 p.m. Motion passed: ayes 5, noes 0, absent 2 (Mills and Rosen). Respectfully submitted, Jessica Delgado, Management Assistant City of La Quinta, California Digitally signed by Jessica Delgado DN: cn=Jessica Delgado, o=City of La Quinta, ou=Finance Department, email=jdelgado@laquintaca.gov, c=US Date: 2019.06.12 11:38:05 -07'00' 810 POWER POINTS JOINT CITY COUNCIL & HOUSING AUTHORITY MEETING JUNE 18, 2019 Joint Council & Housing Authority Meeting Meetinng - June 18, 2019 1 Joint City Council / Housing Authority Meeting June 18, 2019 Citrus Course HOA Boundary wall vs Auto(s) Calle Tampico – Park Avenue Joint Council & Housing Authority Meeting Meetinng - June 18, 2019 Presentation by Citrus HOA President Williams Jones on Agenda Item Departmental Report Item No. 5A - Calle Tampico/Park Avenue Intersections Options 2 Calle Tampico – Park Avenue Today Recent incidents •4/9/17 0439: stolen vehicle, driver fled, did not breach wall •6/23/17 2130: known driver, did not breach wall •5/1/19 2334: known driver, tree prevented travelling to street •5/31/19 2355: driver fled, vehicle ended up in center of Nectario Joint Council & Housing Authority Meeting Meetinng - June 18, 2019 Presentation by Citrus HOA President Williams Jones on Agenda Item Departmental Report Item No. 5A - Calle Tampico/Park Avenue Intersections Options 3 5/1/19 Tree stops car short of street Auto after breaching wall Tree stopped auto short of street 6/1/19 BMW 650I on Nectario Joint Council & Housing Authority Meeting Meetinng - June 18, 2019 Presentation by Citrus HOA President Williams Jones on Agenda Item Departmental Report Item No. 5A - Calle Tampico/Park Avenue Intersections Options 4 6/1/19 Damage and Proximity to homes Hole in wall and debris Debris near homes Conclusions •Incidents occur at night – typically after 2100 •Drivers are distracted or impaired: •5/1/19 “on phone arguing with girlfriend” •6/1/19 “driver the suspect in felony vandalism at former girlfriends home nearby: 5/31 2340 •Injury and property damage likely to Citrus homes and/or residents •6/1 – 5 cars attending house party next night at home where BMW landed •Irrational to expect STOP sign to affect these outcomes Joint Council & Housing Authority Meeting Meetinng - June 18, 2019 Presentation by Citrus HOA President Williams Jones on Agenda Item Departmental Report Item No. 5A - Calle Tampico/Park Avenue Intersections Options 5 Recommendation •Guard rail behind sidewalk (or directly behind curb) Finally •The HOA Board wants to thank La Quinta city engineer, Brian McKinney for his assistance. •I want to thank Monika Redeva for her assistance. •Any Questions??? Joint CC & HA Meeting ‐ June 18, 2019 6 Joint City Council / Housing Authority Meeting June 18, 2019 B2 – Personnel Policy Joint CC & HA Meeting ‐ June 18, 2019 7 Key Objectives •Modernize policies •Infuse performance-based practices •Add controls and operational flexibility •Create user-friendly document •Insure compliance Study Session Suggestions Section 3.3, Appointment to New Positions, was restructured for c clarification as follows: No person shall be appointed or employed to fill a position prior to the position’s assignment to the City’s Classification Plan, unless otherwise provided by these Policies. The City Manager, or designee, shall amend existing working titles and duties in the Classification Plan without changing the classification itself. City Council approval shall be required to establish and assign a new classification to the Classification Plan, and when there is a rating change of any established classification. This section does not allow, and shall not be construed as allowing, the City Manager, or designee, to approve reclassifications without City Council approval. Joint CC & HA Meeting ‐ June 18, 2019 8 Most Significant Updates •New and/or amended legal updates •Processes moved to the Implementation Guidelines •Gender Identity Removed (him/her; he/she) Joint CC & HA Meeting ‐ June 18, 2019 9 Joint City Council/Housing Authority Meeting June 18, 2019 B3 – Write-Off Outstanding Interfund Loans Joint CC & HA Meeting ‐ June 18, 2019 10 Joint CC & HA Meeting ‐ June 18, 2019 11 Joint CC & HA Meeting ‐ June 18, 2019 12 Findings / Recommendations •Loans are uncollectable based on revenues •Loans should be written off ($15,017,126) •FAC approved on June 5 •FAC recommended Council approval Reserve/Fund Balance As of June 30, 2018 Example Non-Spendable Prepaid Costs 90,657 90,657 Land Held for Resale 8,320,000 8,320,000 Advances to Other Funds 14,954,085 - Due from Other Governments 29,611,707 29,611,707 Total Non-Spendable 52,976,449 38,022,364 Committed Carryovers 2,186,500 2,186,500 Cash Flow Reserve 5,000,000 5,000,000 Natural Disaster Reserve 7,400,000 7,400,000 Economic Disaster 8,140,000 8,140,000 Capital Replacement Reserve 5,000,000 5,000,000 Pension Trust Benefits 2,000,000 2,000,000 Total Committed 29,726,500 29,726,500 Assigned Public Safety Fire Services 9,754,327 9,754,327 Measure G Sales Tax 5,169,970 5,169,970 Capital Projects 4,996,815 4,996,815 Total Assigned 19,921,112 19,921,112 Unassigned 19,199,505 19,199,505 TOTAL FUND BALANCE 121,823,566 106,869,481 Joint CC & HA Meeting ‐ June 18, 2019 13 Thank You Joint CC & HA Meeting ‐ June 18, 2019 14 Joint City Council/Housing Authority Meeting June 18,2019 B4 - Purchasing & Contracting Policy Purpose •Provide consistency and clarification •Auditor request •Improve internal controls •Improve transparency •Improve efficiency Joint CC & HA Meeting ‐ June 18, 2019 15 Proposed Policy Changes •Include procurement exemption form •Add payment terms •Clarify change order/amendment authorization levels •Changing Manager to Designee •Clarify informal bids •Add select source form Looking forward 2019/20 •Citywide training •Collaboration with departments to monitor compliance Joint CC & HA Meeting ‐ June 18, 2019 16 Joint City Council / Housing Authority Meeting June 18, 2019 B5 – 2019/20 Budget Joint CC & HA Meeting ‐ June 18, 2019 17 General Fund Update Budget Surplus as of 6/4/19 $338,180 Facilities Reorganization Savings (32,620) State of the City 8,500 Calle Tecate Parking Lot 70,000 Proposed Budget Surplus $292,300 Approving with 19/20 Budget •Approving Budgeted Revenues ($98.5M) and Expenses ($95.5M) for all Funds •Approving Carryovers of $1,742,600 •Funding Capital Improvement Program for 19/20 •Adding (2), Amending (3), Removing (2) positions •Confirming Gann Limit for 19/20 - $135,124,379 •Confirming General Fund Reserves Joint CC & HA Meeting ‐ June 18, 2019 18 DISCUSSION & QUESTIONS Thank You ‐ City Council   ‐ Commissioners ‐ City Staff ‐ Budget Project Action Team Members  ‐ Community Stakeholders Joint CC & HA Meeting ‐ June 18, 2019 19 Joint City Council /Housing Authority Meeting June 18, 2019 B6 – 2019/20 Housing Authority Budget Carryovers $435,000 2019/20 Budget Summary Joint CC & HA Meeting ‐ June 18, 2019 20 Joint City Council / Housing Authority Meeting June 18, 2019 B7 – NAI Agreement Joint CC & HA Meeting ‐ June 18, 2019 21 Background •5-year CIP •April 2019 RFP for On-Call Project Management and Engineering Services •6 proposals received •NAI highest ranked most qualified firm Services •CIP project management •Engineering design •State/Federal project support Joint CC & HA Meeting ‐ June 18, 2019 22 Expertise •22 years experience in La Quinta •Comprehensive project knowledge •Provide flexibility •Quality service •Grant funding support •State/Federal process expertise NAI Cost Original Term Contract Sum Year 1: 2019/20 $540,532 Year 2: 2020/21 $540,532 Year 3: 2021/22 $540,532 Original Term TOTAL:$1,621,596 Possible Extended Term Year 4: 2022/23 $540,532 Year 5: 2023/24 $540,532 TOTAL:$2,702,660 Joint CC & HA Meeting ‐ June 18, 2019 23 Annual Cost Breakdown Staff Member TOTAL HOURS PERCENT ASSIGNED BILLING RATE EXTENDED COST Senior Project Manager 944 50% $165 $155,760 Professional Civil Engineer 1,605 85% $155 $248,744 Professional Civil Engineer 500 26.48% $155 $77,500 Project Administrator 189 10% $85 $16,048 Administrative Support 566 30% $75 $42,480 TOTAL:3,238 171.48%$540,532 Average Monthly Billing: $45,044.33 Questions Joint CC & HA Meeting ‐ June 18, 2019 24 City Council Meeting June 18, 2019 S1 – Public Safety Camera System Joint CC & HA Meeting ‐ June 18, 2019 25 Purpose •Discuss pilot program & survey results •Seek Council direction Executive Summary •October 2016 – PSCS Ad-Hoc Committee established •Community outreach o Held focus groups o Conducted survey o Developed policy •March 2019 - initiated 90 day pilot program Joint CC & HA Meeting ‐ June 18, 2019 26 Survey Summation •65% showed community support for PSCS •82% residents feel safe in La Quinta •60.7% think the City was transparent about  PSCS 90 Day Pilot Program •Install cameras at strategic locations  o Washington St. and Ave. 52 o Washington St. and Eisenhower Dr. o Washington St. and Highway 111  •Deliver video feed to City Hall monitors Joint CC & HA Meeting ‐ June 18, 2019 27 FISCAL IMPACT Maintenance  $10,000 Yr. Camera  System $270,000 Recommendations •Approve Policies and Procedures •Proceed and deploy Phase 1 of PSCS •Continue community outreach Joint CC & HA Meeting ‐ June 18, 2019 28 Questions Joint CC & HA Meeting ‐ June 18, 2019 29 City of La Quinta Community Survey Presentation to City Council June 18, 2019 Opinion Research on Elections and Public Policy Probolsky Research Public Safety and Transportation stand out as Top issues Joint CC & HA Meeting ‐ June 18, 2019 30 Familiarity with the Public Safety Camera System pilot program 6 0 55.7% say they’re unfamiliar with the pilot program In La Quinta for a Public Safety Camera System Question 12: Are you familiar or unfamiliar with the pilot program in La Quinta for a Public Safety Camera System? 39.7% 55.7% 4.7% Familiar Unfamiliar Unsure/Prefer not to answer Joint CC & HA Meeting ‐ June 18, 2019 31 6 1 Among the 39.7% who are familiar, 30.3% have Heard that the cameras are in place or know their location Question 13: What have you heard about the pilot program in La Quinta for a Public Safety Camera System? [ASKED AMONG THOSE WHO ANSWER “FAMILIAR” FOR Q12] 30.3% 18.5% 11.8% 6.7% 5.9% 4.2% 4.2% 12.6% 5.0% 0.8% Cameras are in place/Know… Currently testing/In trial Heard about it/News/Meetings Used to deter… For traffic violations/Red… Spying/Invasion of privacy It's being discussed/Being… Other Nothing/None Don't know/Unsure Support/Oppose the Public Safety Camera System pilot program The purpose of the pilot program for the Public Safety Camera System is to test the viability of three cameras and gain a better understanding on how the camera system can help improve public safety and traffic management. Footage from the cameras is expected to help maintain public safety by monitoring and better deploying resources to the scenes of accidents, crimes, and natural disasters. During the pilot program, cameras have been placed at major intersections, but if the program moves forward and is fully implemented, other locations, such as hiking trails, public parks, City facilities and public streets, may be added. Joint CC & HA Meeting ‐ June 18, 2019 32 6 3 65% say they support the Public Safety Camera System Pilot program in La Quinta Question 14: In general, do you support or oppose the Public Safety Camera System pilot program in La Quinta? Support 65.0% Oppose 22.0% Unsure/Prefer not to answer 13.0% The purpose of the pilot program for the Public Safety Camera System is to test the viability of three cameras and gain a better understanding on how the camera system can help improve public safety and traffic management. Footage from the cameras is expected to help maintain public safety by monitoring and better deploying resources to the scenes of accidents, crimes, and natural disasters. During the pilot program, cameras have been placed at major intersections, but if the program moves forward and is fully implemented, other locations, such as hiking trails, public parks, City facilities and public streets, may be added. Priorities for the Public Safety Camera System Joint CC & HA Meeting ‐ June 18, 2019 33 6 5 To deter and to identify criminal activity is the top Priority that the community feels the Public Safety Camera System should focus on Question 15: Of the following list, which areas do you feel should be priority for the Public Safety Camera System? Choose as many as you like. 68.3% 63.3% 60.3% 49.7% 47.0% 44.0% 41.0% 8.3% 3.0% 0.3% To deter and identify criminal activity To target identified areas of gang and narcotics… To assist in identifying, apprehending and… To document officer and offender conduct during… To respond to incidents To monitor pedestrian and vehicle traffic activity To augment resources in a cost-effective manner None Unsure Prefer not to answer Support/Oppose Message Testing Here is more information about the Public Safety Camera System pilot program in La Quinta. Please indicate if this information makes you more likely to support or more likely to oppose the Public Safety Camera System pilot program. If it makes no difference to you, please indicate that. Joint CC & HA Meeting ‐ June 18, 2019 34 6 7 41.3% say this makes them more likely to support 23.1% of those who were initially unsure say this makes them more likely to support Question 16: To fully implement a citywide Public Safety Camera System, the cost could be approximately $1,000,000, and would be paid for within the existing City budget. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 41.3% 23.7% 27.7% 7.3% More likely to support 41.3% More likely to oppose 23.7% Makes no difference 27.7% Unsure/Prefer not to answer 7.3% 23.1% 30.8%20.5% 25.6% Among those who were initially unsure More likely to support 23.1% More likely to oppose 30.8% Makes no difference 20.5% Unsure/Prefer not to answer 25.6% 7.6% 56.1% 36.4% Among those who initially opposed More likely to support 7.6% More likely to oppose 56.1% Makes no difference 36.4% Unsure/Prefer not to answer 0.0% 6 8 56.3% say this makes them more likely to support 46.2% of those who were initially unsure say this makes them more likely to support Question 17: The Public Safety Camera System can easily be monitored 24 hours a day, 7 days a week, 365 days a year by public safety and traffic officials, combined with automatic notifications which would alert public safety personnel if there was an incidence that needed to be addressed. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 56.3% 10.3% 28.3% 5.0% More likely to support 56.3% More likely to oppose 10.3% Makes no difference 28.3% Unsure/Prefer not to answer 5.0% 7.6% 33.3% 56.1% 3.0% Among those who initially opposed More likely to support 7.6% More likely to oppose 33.3% Makes no difference 56.1% Unsure/Prefer not to answer 3.0% 46.2% 5.1% 28.2% 20.5% Among those who were initially unsure More likely to support 46.2% More likely to oppose 5.1% Makes no difference 28.2% Unsure/Prefer not to answer 20.5% Joint CC & HA Meeting ‐ June 18, 2019 35 6 9 44.7% say this makes them more likely to support 53.8% of those who were initially unsure say this makes them more likely to support Question 18: The Public Safety Camera System is not made for, nor can it be used to ticket speeding cars or cars that run red lights. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 44.7% 13.3% 37.7% 4.3% More likely to support 44.7% More likely to oppose 13.3% Makes no difference 37.7% Unsure/Prefer not to answer 4.3% 22.7% 24.2% 51.5% 1.5% Among those who initially opposed More likely to support 22.7% More likely to oppose 24.2% Makes no difference 51.5% Unsure/Prefer not to answer 1.5% 53.8% 7.7% 30.8% 7.7% Among those who were initially unsure More likely to support 53.8% More likely to oppose 7.7% Makes no difference 30.8% Unsure/Prefer not to answer 7.7% 7 0 59% say this makes them more likely to support 59% of those who were initially unsure say this makes them more likely to support Question 19: The Public Safety Camera System will not replace current policing techniques, such as police patrols, nor will it reduce the current service level of police patrols or police services. It is instead meant to be an additional resource to the police and other public safety officials. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 59.0% 10.0% 27.3% 3.7% More likely to support 59.0% More likely to oppose 10.0% Makes no difference 27.3% Unsure/Prefer not to answer 3.7% 7.6% 36.4%53.0% 3.0% Among those who initially opposed More likely to support 7.6% More likely to oppose 36.4% Makes no difference 53.0% Unsure/Prefer not to answer 3.0% 59.0%25.6% 15.4% Among those who were initially unsure More likely to support 59.0% More likely to oppose 0.0% Makes no difference 25.6% Unsure/Prefer not to answer 15.4% Joint CC & HA Meeting ‐ June 18, 2019 36 7 1 27% say this makes them more likely to support 15.4% of those who were initially unsure say this makes them more likely to support Question 20: The Public Safety Camera System will only record images and not sound. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 27.0% 14.0%51.7% 7.3% More likely to support 27.0% More likely to oppose 14.0% Makes no difference 51.7% Unsure/Prefer not to answer 7.3% 6.1% 31.8% 59.1% 3.0% Among those who initially opposed More likely to support 6.1% More likely to oppose 31.8% Makes no difference 59.1% Unsure/Prefer not to answer 3.0% 15.4% 20.5% 56.4% 7.7% Among those who were initially unsure More likely to support 15.4%More likely to oppose 20.5%Makes no difference 56.4%Unsure/Prefer not to answer 7.7% 7 2 53.7% say this makes them more likely to support 43.6% of those who were initially unsure say this makes them more likely to support Question 22: The Public Safety Camera System's operators cannot target or observe individuals based solely on their race, gender, ethnicity, sexual orientation, disability, or some other classification protected by law. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 53.7% 6.3% 37.7% 2.3% More likely to support 53.7% More likely to oppose 6.3% Makes no difference 37.7% Unsure/Prefer not to answer 2.3% 12.1% 18.2% 66.7% 3.0% Among those who initially opposed More likely to support 12.1% More likely to oppose 18.2% Makes no difference 66.7% Unsure/Prefer not to answer 3.0% 43.6% 2.6% 43.6% 10.3% Among those who were initially unsure More likely to support 43.6% More likely to oppose 2.6% Makes no difference 43.6% Unsure/Prefer not to answer 10.3% Joint CC & HA Meeting ‐ June 18, 2019 37 7 3 55% say this makes them more likely to support 46.2% of those who were initially unsure say this makes them more likely to support Question 23: The Public Safety Camera System cannot, under any circumstances, be used to infringe on First Amendment rights. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 55.0% 6.3% 35.0% 3.7%More likely to support 55.0% More likely to oppose 6.3% Makes no difference 35.0% Unsure/Prefer not to answer 3.7% 18.2% 18.2% 60.6% 3.0% Among those who initially opposed More likely to support 18.2%More likely to oppose 18.2%Makes no difference 60.6%Unsure/Prefer not to answer 3.0% 46.2% 2.6% 38.5% 12.8% Among those who were initially unsure More likely to support 46.2% More likely to oppose 2.6% Makes no difference 38.5% Unsure/Prefer not to answer 12.8% 7 4 45.3% say this makes them more likely to support 28.2% of those who were initially unsure say this makes them more likely to support Question 24: Only City and department-approved video monitoring equipment will be used, and only La Quinta police, fire protection personnel, City staff, and City-approved vendors will be authorized to view video monitoring equipment. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 45.3% 12.7% 37.7% 4.3% More likely to support 45.3% More likely to oppose 12.7% Makes no difference 37.7% Unsure/Prefer not to answer 4.3% 7.6% 30.3% 57.6% 4.5% Among those who initially opposed More likely to support 7.6% More likely to oppose 30.3% Makes no difference 57.6% Unsure/Prefer not to answer 4.5% 28.2% 5.1% 56.4% 10.3% Among those who were initially unsure More likely to support 28.2% More likely to oppose 5.1% Makes no difference 56.4% Unsure/Prefer not to answer 10.3% Joint CC & HA Meeting ‐ June 18, 2019 38 7 5 51% say this makes them more likely to support 43.6% of those who were initially unsure say this makes them more likely to support Question 25: Signs will be placed in various locations notifying the public that the system will be monitoring driving and pedestrian activities in public spaces, and a map with all locations of cameras will be placed on the City's website. Also, the City will be soliciting feedback from the public on the pilot program's efficacy throughout the pilot program process. Does knowing this make you more likely to support or more likely to oppose the Public Safety Camera System pilot program in La Quinta, or does it make no difference to you? 51.0% 10.3% 35.0% 3.7%More likely to support 51.0% More likely to oppose 10.3% Makes no difference 35.0% Unsure/Prefer not to answer 3.7% 21.2% 21.2%56.1% 1.5% Among those who initially opposed More likely to support 21.2%More likely to oppose 21.2%Makes no difference 56.1%Unsure/Prefer not to answer 1.5% 43.6% 15.4% 30.8% 10.3% Among those who were initially unsure: More likely to support 43.6% More likely to oppose 15.4% Makes no difference 30.8% Unsure/Prefer not to answer 10.3% Transparency about the Public Safety Camera System Starting in 2016 the City has discussed a Public Safety Camera System including at City Council meetings, articles in local publications, by conducting four community meetings, community focus groups and a community survey, commission meetings, posts on the City website, Facebook, Nextdoor, and Twitter. There is also viewing of the camera footage on Tuesdays at 9 a.m. and Thursdays at 4 p.m. in the City Hall lobby throughout the pilot project. There is more information on the pilot program for the Public Safety Camera System, like a Frequently Asked Questions document and a draft of policies, on the City’s website for the public to access. Joint CC & HA Meeting ‐ June 18, 2019 39 7 7 60.7% think the City has been transparent about The Public Safety Camera System pilot program Starting in 2016 the City has discussed a Public Safety Camera System including at City Council meetings, articles in local publications, by conducting four community meetings, community focus groups and a community survey, commission meetings, posts on the City website, Facebook, Nextdoor, and Twitter. There is also viewing of the camera footage on Tuesdays at 9 a.m. and Thursdays at 4 p.m. in the City Hall lobby throughout the pilot project. There is more information on the pilot program for the Public Safety Camera System, like a Frequently Asked Questions document and a draft of policies, on the City’s website for the public to access. Question 26: Do you think the City has been transparent about the Public Safety Camera System pilot program? 60.7% 18.0%21.3% Yes No Unsure/Prefer not to answer Agree/Disagree Statements Joint CC & HA Meeting ‐ June 18, 2019 40 7 9 60.7% agree with Williams, who thinks the camera Is an innovative technology to help police and improve traffic conditions Question 27: Here are two statements made by La Quinta residents. Please indicate which statement you agree with more. ROGERS: "Implementing this camera system in La Quinta is just another form of Big Brother in action. The camera system seems too invasive and won't help keep us safe, just hire more police officers instead.“ WILLIAMS: "This camera system isn't Big Brother in action and will be only be monitored by public safety and other City officials to help keep us safe. This camera system is an innovative use of technology that will help, not replace police, and help improve traffic conditions." 26.7% 60.7% 12.7% Agree with Rogers Agree with Williams Unsure/Prefer not to answer Informed Support/Oppose Joint CC & HA Meeting ‐ June 18, 2019 41 8 1 64.7% say they support the Public Safety Camera System Pilot program in La Quinta Question 28: Knowing what you know now, do you support or oppose the Public Safety Camera System pilot program in La Quinta? 65.0% 22.0% 13.0% 64.7% 23.7% 11.7% Support Oppose Unsure/Prefer not to answer Initi al Initi al Initi al Informe d Informe d Informe d 8 2 Hacking of the System and Privacy Invasion are Cited as the top concerns about the Camera System Question 31: Regardless of whether you support or oppose the Public Safety Camera System pilot program, what concerns, if any, do you have about the system? 15.0% 14.0% 12.7% 4.3% 2.7% 2.7% 2.3% 2.0% 1.3% 1.3% 9.0% 28.3% 3.3% 1.0% Abuse/Misuse/Hack… Privacy invasion Cost Reliability/Efficiency Will replace officers Let's implement it Doesn't cite traffic… Locations Not enough… Collect sound/Clear… Other Nothing/None Don't know/Unsure Refused/No opinion Joint CC & HA Meeting ‐ June 18, 2019 42 8 3 48% say they support adding other features Like facial and license plate recognition to the Public Safety Camera System in La Quinta Question 32: The City could add additional features to the Public Safety Camera System, like adding facial recognition and license plate reading technologies. Before additional features could be implemented, the City would require public notices to be posted, public meetings to be held and a vote of the City Council would be required. Knowing this, would you support or oppose adding other features, like facial recognition and license plate reading technologies, to the Public Safety Camera System in La Quinta? Support 48.0% Oppose 33.0% Unsure/Prefer not to answer 19.0% 8 4 To catch traffic violations is cited as an additional Feature residents would like to see included in the system Question 33: Regardless of whether you support or oppose the Public Safety Camera System pilot program, are there any additional features, if any, besides the ones already discussed that you'd like to see included in the system? 5.0% 4.7% 3.7% 3.7% 1.7% 7.0% 65.3% 5.3% 3.7% Catch traffic violators Against program/Do not want Oversight/Accountability/Public access Best technology/Sound/Night vision Hire more police/Police cams Other Nothing/None Don't know/Unsure Refused/No opinion Joint CC & HA Meeting ‐ June 18, 2019 43 Opinion Research on Elections and Public Policy Probolsky Research Questions? Gabby Benitez, Research Analyst O: 949-855-6400 E: gabby@probolskyresearch.com Adam Probolsky, President O: 949-855-6400 | M: 949-697-6726 E: adamp@probolskyresearch.com Joint CC & HA Meeting ‐ June 18, 2019 44 Joint City Council / Housing Authority Meeting June 18, 2019 PH1 – Lighting and Landscape Assessment District 89-1 FY 2019/20 Summary •Annually, Council takes actions to levy annual  assessments for Citywide L&L District •Assessments fund ROW landscape, lighting,  median, and parkway maintenance •Assessment rate to remain at $35.60 per  Equivalent Benefit Unit (same since 1997) Joint CC & HA Meeting ‐ June 18, 2019 45 Fiscal impacts •L&L District 89‐1 for FY 2019/20: •Revenues = $976,540 •County Service Area 152  Offset = $150,000 •Combined = $1,126,540 •Estimated Expenditures = $2,218,100 •$1,091,560 short fall funded by General Fund Questions? Joint CC & HA Meeting ‐ June 18, 2019 46 Joint City Council / Housing Authority Meeting June 18, 2019 D1b –Calle Tampico/Park Avenue Intersection Joint CC & HA Meeting ‐ June 18, 2019 47 Options Overview •Option A: All‐way stop •Option B: Concrete k‐rail •Option C: Guardrail •Option D: Roadway & landscape lighting •Option E: Additional palm trees •Option F: Large rocks or boulders •New Option G: Concrete bollards Option B: Concrete K-rail Joint CC & HA Meeting ‐ June 18, 2019 48 Option C: Guardrail Option E: Palm Trees Joint CC & HA Meeting ‐ June 18, 2019 49 Option F: Large Boulders New Option G: Bollards Joint CC & HA Meeting ‐ June 18, 2019 50 Option Cost Comparison Option Description Construct. Design Construct. Mgmt and Insp. Total Cost Eastbnd. Only A All-way stop $ 3,850 $ - $ -$ 3,850 $ 3,850 B Concrete k-rail $ 51,700 $ 5,170 $ 5,170 $ 62,040 $ 31,020 C Guardrail $ 41,250 $ 4,125 $ 4,125 $ 49,500 $ 24,750 D Roadway and landscape lighting $ 56,100 $ 5,610 $ 5,610 $ 67,320 $ 33,660 E Additional palm trees $ 103,950 $ 10,395 $ 10,395 $ 124,740 $ 62,370 *F Large rocks or boulders $ 51,920 $ 5,192 $ 5,192 $ 62,304 $ 31,156 *New: G Concrete bollards $ 60,000 $ 6,000 $ 6,000 $ 72,000 $ 36,000 Questions? Joint CC & HA Meeting ‐ June 18, 2019 51