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2021 06 01 Council CITY COUNCIL AGENDA Page 1 of 8 JUNE 1, 2021 CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBER 78495 Calle Tampico, La Quinta REGULAR MEETING ON TUESDAY, JUNE 1, 2021 3:00 P.M. CLOSED SESSION | 4:00 P.M. OPEN SESSION ****************************** SPECIAL NOTICE Teleconferencing and Telephonic Accessibility In Effect Pursuant to Executive Orders N-25-20, N-29-20, N-33-20, N-35-20, and N-60- 20 executed by the Governor of California, in response to the state of emergency relating to novel coronavirus disease 2019 (COVID-19) and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.), members of the City Council, the City Manager, City Attorney, City Staff, and City Consultants may participate in this regular meeting by teleconference. Members of the public wanting to listen to the open session of the meeting may do so by tuning-in live via http://laquinta.12milesout.com/video/live. Members of the public wanting to address the City Council, either for a specific agenda item or matters not on the agenda are requested to follow the instructions listed below: Written public comments – can be provided in-person during the meeting or emailed to the City Clerk’s Office at CityClerkMail@LaQuintaCA.gov no later than 3:00 p.m. on the day of the meeting, and will be distributed to the City Council, incorporated into the agenda packet and public record of the meeting, and will not be read during the meeting unless, upon the request of the Mayor, a brief summary of any public comment is asked to be read, to the extent the City Clerk’s Office can accommodate such request. City Council agendas and staff reports are available on the City’s web page: www.LaQuintaCA.gov CITY COUNCIL AGENDA Page 2 of 8 JUNE 1, 2021 If emailed, the email “subject line” must clearly state “Written Comments” and list the following: 1) Full Name 4) Public Comment or Agenda Item Number 2) City of Residence 5) Subject 3) Phone Number 6) Written Comments *** TELECONFERENCE PROCEDURES *** Verbal public comments via Teleconference – members of the public may join the meeting virtually via Zoom and use the “raise your hand” feature when public comments are prompted by the Mayor; the City will facilitate the ability for a member of the public to be audible to the City Council and general public and allow him/her to speak on the item(s) requested. Please note – members of the public must unmute themselves when prompted upon being recognized by the Mayor, in order to become audible to Council and the public. Only one person at a time may speak by teleconference and only after being recognized by the Mayor. ZOOM LINK: https://zoom.us/j/98207015867 Meeting ID: 982 0701 5867 Or join by phone: (669) 900 – 9128 ****************************** CALL TO ORDER 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 by providing written public comments either in- person or via email as indicated above; or provide verbal public comments either in-person or via teleconference by joining the meeting virtually at https://zoom.us/j/98207015867 and use the “raise your hand” feature when prompted by the Mayor. Members of the public attending the meeting in- person are requested to complete a “Request to Speak” form. Please limit your comments to three (3) minutes (or approximately 350 words). 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 Government Code § 54954.2(b). CITY COUNCIL AGENDA Page 3 of 8 JUNE 1, 2021 CONFIRMATION OF AGENDA CLOSED SESSION 1. THREAT TO PUBLIC SERVICES OR FACILITIES, PURSUANT TO SUBDIVISION (a) OF GOVERNMENT CODE SECTION 54957. CONSULTATION WITH: ALEXANDER JOHNSTON, SENIOR EMERGENCY MANAGEMENT COORDINATOR; WILLIAM H. IHRKE, CITY ATTORNEY (Review Continued Need and Response to Proclaimed State and Local Emergencies Caused by COVID-19) 2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OR (3) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1) 3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9. NAME OF CASE: CITY OF LA QUINTA V. DWCG1, LLC, ET AL., RIVERSIDE COUNTY SUPERIOR COURT CASE NO. PSC1909315 RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. REPORT ON ACTIONS(S) TAKEN IN CLOSED SESSION PLEDGE OF ALLEGIANCE PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the City Council on any matter not listed on the agenda by providing written public comments either in- person or via email as indicated above; or provide verbal public comments either in-person or via teleconference by joining the meeting virtually at https://zoom.us/j/98207015867 and use the “raise your hand” feature when prompted by the Mayor. Members of the public attending the meeting in- person are requested to complete a “Request to Speak” form and submit it to the City Clerk. Please limit your comments to three (3) minutes (or approximately 350 words). 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 Government Code § 54954.2(b). CITY COUNCIL AGENDA Page 4 of 8 JUNE 1, 2021 ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS – NONE CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAGE 9 21 55 91 99 105 1.ADOPT RESOLUTION TO REQUEST COUNTY OF RIVERSIDE PLACE COLLECTION COSTS FOR SOLID WASTE HANDLING SERVICES AT SINGLE-FAMILY DWELLINGS ON TAX ROLLS [RESOLUTION NO. 2021-017] 2.ADOPT RESOLUTIONS TO 1) APPROVE PRELIMINARY 2021/22 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. 2021-018 AND 2021-019] 3.ADOPT RESOLUTION GRANTING CONDITIONAL APPROVAL OF FINAL TRACT MAP NO. 37359 AND ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE CENTRE, A COMMERCIAL AND CONDOMINIUM DEVELOPMENT LOCATED IN THE SOUTHWEST CORNER OF AUTO CENTRE DRIVE AND LA QUINTA DRIVE [RESOLUTION NO. 2021-020] 4.ADOPT ORDINANCE NO. 594 AMENDING SECTIONS 9.50.090 AND 9.200.015 OF TITLE 9 OF THE LA QUINTA MUNICIPAL CODE RELATED TO ADMINISTRATIVE AND RENUMBERING MODIFICATIONS; CEQA: EXEMPT FROM CEQA PURSUANT TO SECTION 15061(B)(3) REVIEW FOR EXEMPTIONS – COMMON SENSE RULE; LOCATION: CITYWIDE 5.APPROVE AMENDMENT NO. 4 TO GOLF COURSE MANAGEMENT AGREEMENT WITH LANDMARK GOLF MANAGEMENT, LLC FOR SILVERROCK GOLF COURSE MANAGEMENT SERVICES 6.APPROVE AMENDMENT NO. 3 TO JOINT-USE LEASE AGREEMENT WITH DESERT SANDS UNIFIED SCHOOL DISTRICT FOR PUBLIC SAFETY IMPROVEMENTS TO THE SPORTS COMPLEX 7.APPROVE AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES WITH BENGAL ENGINEERING, INC. FOR WHITEWATER RIVER CHANNEL REGIONAL SCOUR ANALYSIS BETWEEN JEFFERSON STREET AND WASHINGTON STREET GRADE CONTROL STRUCTURES PROJECT NO. 2019-19 113 CITY COUNCIL AGENDA Page 5 of 8 JUNE 1, 2021 8. APPROVE AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES WITH ERIC NELSON DBA RASA FOR ON-CALL MAP CHECKING SERVICES 125 9. APPROVE AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACT SERVICES WITH MERCHANTS BUILDING MAINTENANCE, LLC FOR CITYWIDE JANITORIAL SERVICES 131 10. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH JOE A. GONSALVES & SON FOR GOVERNMENT RELATIONS AND LOBBYIST SERVICES 141 11. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE PWLC II, INC. FOR ADDITIONAL LIGHTING AND LANDSCAPE ASSESSMENT DISTRICT 89-1 MAINTENANCE SERVICES IN FISCAL YEAR 2020/21 179 12. AWARD CONTRACT TO ONYX PAVING COMPANY, INC. FOR THE MONROE STREET PAVEMENT REHABILITATION PROJECT NO. 2020-01 181 13. ACCEPT WASHINGTON STREET PAVEMENT REHABILITATION PROJECT NO. 2020-04, LOCATED ON WASHINGTON STREET FROM CALLE TAMPICO TO SAGEBRUSH AVENUE 187 14. APPROVE DEMAND REGISTERS DATED MAY 14 AND 21, 2021 191 15. APPROVE CHANGE ORDER NO. 5 TO CONTRACT WITH JONES BROS CONSTRUCTION COMPANY FOR THE SILVERROCK WAY STREET IMPROVEMENTS PROJECT NO. 2014-13/141513 FOR MISCELLANEOUS ADDITIONAL WORK REQUESTS 207 16. APPROVE AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES WITH TERRA NOVA PLANNING & RESEARCH, INC. TO INCREASE THE CONTRACT AMOUNT FOR ON-CALL PLANNING SERVICES 215 BUSINESS SESSION PAGE 1. APPROVE COOPERATIVE AGREEMENT WITH THE COUNTY OF RIVERSIDE TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE, FIRE MARSHAL AND MEDICAL EMERGENCY SERVICES; AND APPROVE COOPERATIVE AGREEMENT BETWEEN THE CITIES OF INDIO, LA QUINTA, COACHELLA, AND THE COUNTY OF RIVERSIDE TO SHARE THE COST OF A LADDER TRUCK COMPANY 221 CITY COUNCIL AGENDA Page 6 of 8 JUNE 1, 2021 2. APPROVE THIRD ROUND COMMUNITY SERVICES GRANTS FOR FISCAL YEAR 2020/21 253 3. APPROVE 2021 LEGISLATIVE POLICY GUIDE UPDATES 261 4. APPROVE SILVERROCK RESORT 2021/22 ANNUAL PLAN 277 5.INTRODUCE FOR FIRST READING AN ORDINANCE AMENDING CHAPTER 3.25 OF THE LA QUINTA MUNICIPAL CODE RELATED TO CERTAIN RENEWAL APPLICATIONS FOR SHORT-TERM VACATION RENTAL PERMITS [ORDINANCE NO. 595] 313 STUDY SESSION PAGE 1. DISCUSS FISCAL YEAR 2021/22 PRELIMINARY PROPOSED BUDGET 339 2. SILVERROCK RESORT DEVELOPMENT PROJECT UPDATE AND DEVELOPER PROGRESS TO CURE DEFAULT 349 PUBLIC HEARINGS – None DEPARTMENTAL REPORTS 1. CITY MANAGER 2. CITY ATTORNEY 3. CITY CLERK 4.COMMUNITY RESOURCES – SHORT-TERM VACATION RENTAL FALSE COMPLAINTS 351 5. DESIGN AND DEVELOPMENT 6. FINANCE 7. PUBLIC WORKS MAYOR’S AND COUNCIL MEMBERS’ ITEMS REPORTS AND INFORMATIONAL ITEMS 1.CVAG CONSERVATION COMMISSION (Evans) 2.CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE (Evans) 3. CVAG EXECUTIVE COMMITTEE (Evans) 4.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) CITY COUNCIL AGENDA Page 7 of 8 JUNE 1, 2021 9. COACHELLA VALLEY MOUNTAINS CONSERVANCY (Fitzpatrick) 10. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & 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. CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE (Peña) 17. LEAGUE OF CALIFORNIA CITIES – PUBLIC SAFETY POLICY COMMITTEE (Peña) 18. IMPERIAL IRRIGATION DISTRICT – ENERGY CONSUMERS ADVISORY COMMITTEE (Peña) 19. COVID-19 SMALL BUSINESS EMERGENCY ECONOMIC RELIEF PROGRAM AD HOC COMMITTEE (Peña and Radi) 20. CVAG TRANSPORTATION COMMITTEE (Radi) 21. SUNLINE TRANSIT AGENCY (Radi) 22. CITYWIDE SECURITY CAMERAS AD HOC COMMITTEE (Radi) 23. GREATER CV CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE (Sanchez) 24. DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Radi & Sanchez) 25. ANIMAL CAMPUS COMMISSION (Sanchez) 26. LEAGUE OF CALIFORNIA CITIES – TRANSPORTATION, COMMUNICATION AND PUBLIC WORKS POLICY COMMITTEE (Sanchez) 27. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez) 28. PALM SPRINGS AIRPORT COMMISSION MINUTES DATED MAY 19, 2021 353 ADJOURNMENT ********************************* The next regular meeting of the City Council will be held on June 15, 2021 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 May 28, 2021. CITY COUNCIL AGENDA Page 8 of 8 JUNE 1, 2021 DATED: May 28, 2021 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 of La Quinta CITY COUNCIL MEETING: June 1, 2021 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO REQUEST COUNTY OF RIVERSIDE PLACE COLLECTION COSTS FOR SOLID WASTE HANDLING SERVICES AT SINGLE-FAMILY DWELLINGS ON TAX ROLLS RECOMMENDATION Adopt a Resolution to request the County of Riverside to place collection costs for solid waste handling services for single-family dwellings on the Tax Rolls. EXECUTIVE SUMMARY •The County Tax Assessor requires Council to annually adopt a resolution requesting that the cost of solid waste collection services be placed on the residential Tax Rolls. •Included in the residential and commercial recycling rates is the recycling process fee to address the realignment of recycling. •On May 3, 2016, Council approved an Amended and Restated Agreement (Agreement) with Burrtec Waste and Recycling Services (Burrtec) that included property tax roll billing for residential customers. FISCAL IMPACT - None BACKGROUND/ANALYSIS The City contracts with Burrtec for solid waste collection, handling, and street sweeping services. The Agreement stipulates that the cost for single-family dwelling services will be collected on the Tax Rolls. Section 24 of the Agreement states Burrtec can adjust the rates per the Consumer Price Index and any increases from the Transfer Station (Attachment 1). Single-Family Dwelling 2020 Rate (existing) 2021 Rate (proposed) Service Component of Maximum Rate $10.90month $11.26/month Disposal Component of Maximum Rate $6.37/month $6.40/month AB 939 Fee $0.10/month $0.10/month Total Rate $17.37/month $208.44/year $17.76/month $213.12/year CONSENT CALENDAR ITEM NO. 1 9 Additional Refuse Cart $7.66/month $91.92/year $7.93/month $95.16/year Backyard Service For refuse and first recycling carts/containers $7.22/month $86.64/year $7.48/month $89.76/year For each additional cart/container $7.22/month $86.64/year $7.48/month $89.76/year Surcharge for Homeowners’ Associations Desiring Monday Service 10 percent of Service Component These service costs are not subject to Proposition 218 (which provides that all taxes and most charges are subject to voter approval) because the Council does not set rates but instead establishes a rate ceiling pursuant to its regulatory authority. The Council may adjust the maximum rate ceiling each year. ALTERNATIVES Staff does not recommend an alternative. Prepared by: Gil Villalpando, Assistant to City Manager Approved by: Jon McMillen, City Manager Attachment: 1.Burrtec Notification Letter dated April 29, 2021 10 RESOLUTION NO. 2021 - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REQUESTING THE COUNTY OF RIVERSIDE TO PLACE COLLECTION OF COSTS FOR SOLID WASTE HANDLING SERVICES AT SINGLE-FAMILY DWELLINGS ON THE TAX ROLLS WHEREAS, the La Quinta City Council wishes to ensure the uniform collection of rates for solid waste handling services at single-family dwellings and place collection thereof on the County of Riverside Tax Assessor’s Tax Rolls; and WHEREAS, the attached “Exhibit A” sets forth the maximum rates that may be collected for solid waste handling services at single-family dwellings in the City of La Quinta pursuant to a franchise agreement with an Effective Date of July 1, 2021, entitled “Agreement Between the City of La Quinta and Burrtec Waste and Recycling Services, LLC, for Solid Waste Handling Services”; and WHEREAS, the City of La Quinta has determined that applicable provisions, if any, of Proposition 218 (Articles XIII C and XIII D of the California Constitution) have been satisfied in connection with the matters addressed by the Resolution. NOW, THEREFORE, BE IT RESOLVED by the City of La Quinta, to adopt as follows: SECTION 1. The City Council hereby requests the Riverside County Tax Assessor to place collection of costs for solid waste handling services at single- family dwellings in the City on the County’s tax rolls as set forth by “Exhibit A,” attached hereto and incorporated by this reference. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 1st day of June 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 11 Resolution No. 2021 – xxx Residential Waste Fee Schedule on Tax Roll Fiscal Year 2021/22 Adopted: June 1, 2021 Page 2 of 3 ________________________ 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 12 RESOLUTION NO. 2021-XXX "EXHIBIT A" 13 RESOLUTION NO. 2021-XXX "EXHIBIT A" 14 RESOLUTION NO. 2021-XXX "EXHIBIT A" 15 RESOLUTION NO. 2021-XXX "EXHIBIT A" 16 RESOLUTION NO. 2021-XXX "EXHIBIT A" 17 RESOLUTION NO. 2021-XXX "EXHIBIT A"18 RESOLUTION NO. 2021-XXX "EXHIBIT A" 19 ATTACHMENT 1 20 City of La Quinta CITY COUNCIL MEETING: June 1, 2021 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTIONS TO 1) APPROVE PRELIMINARY 2021/22 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 RECOMMENDATION Adopt a Resolution approving the preliminary 2021/22 Engineer’s Annual Levy Report for Landscape and Lighting Assessment District 89-1; and Adopt a Resolution declaring the City’s intent to levy annual assessments for construction, maintenance and servicing landscape and lighting improvements within the Citywide Landscape and Lighting Assessment District 89-1 and giving notice thereof. EXECUTIVE SUMMARY •Annually, Council must take certain actions to allow the City to levy annual assessments pertaining to Citywide Landscape and Lighting Assessment District 89-1 (District). •These actions include adopting the recommended resolutions and scheduling a public hearing (Hearing). •The annual assessments fund 44% of the citywide landscape, lighting, median, and parkways maintenance costs. The 2021/22 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. •Any increase to the assessment rate requires a benefit analysis; new assessments must then be approved by a majority vote of all property owners within the City, which comprises the District. FISCAL IMPACT The estimated 2021/22 cost for retention basin maintenance, and median and parkway landscape and lighting maintenance is $2,240,400 (Table 1). The EBU will generate an estimated $981,712. The City will also receive $150,000 from County Service Area 152, levied by Riverside County, for CONSENT CALENDAR ITEM NO. 2 21 retention basin maintenance. The combined income is projected to be $1,131,712, leaving a shortfall (funded by the General Fund) of $1,108,688. BACKGROUND/ANALYSIS In 1989, the City formed the District to fund the maintenance, construction, and servicing of landscape areas, streetlights and traffic signals. Pursuant to the Landscape and Lighting Act of 1972, the City must annually perform a series of activities (Attachment 1), including preparation of an annual engineer’s report. The 2021/22 Preliminary Engineer’s Annual Levy Report (Engineer’s Report) (Attachment 2) has been prepared by City staff and Willdan Financial Services (Willdan provides parcel recognition support) to establish the maintenance budget and identify the benefitting parcels. Below is a comparison of the 2020/21 and 2021/22 Engineer’s Reports (Table 2). 2020/21 2021/22 Citywide Benefit Zone Yes Yes Number of Local Benefit Zones 6 6 Number of Equivalent Benefit Units (EBU’s) 27,420 27,577 EBU Rate $35.60/EBU $35.60/EBU District Revenue $976,140 $981,712 Willdan projects an increase of 150 EBU’s from 2020/21 to 2021/22; actuals will be based on the final 2021/22 County Secured Tax Roll. All property owners, including those within the six local benefit zones, would be assessed a flat rate. The methodology has remained the same under the provisions of Proposition 218, which prohibits assessment increases without the approval of a simple majority of property owners in a public vote within the District. The Council is required to approve the Engineer’s Report and schedule a hearing to allow property owners an opportunity to provide testimony regarding any proposed changes. The hearing is scheduled for June 15, 2021. Approving the Engineer’s Report does impose the proposed EBU; the City can only levy the fee after a public hearing. Upon conclusion of the hearing, Council may consider the testimony and a resolution confirming the assessment diagram and EBU Rate. The Engineer’s report also includes an annual review of the general funds budgeted for parks (Table 1) for City Council to consider if they ever chose to pursue the creation of a Parks Assessment District. 22 ALTERNATIVES Council may elect to increase assessments in order to fully fund the District costs. Staff projects that the assessment would need to increase by $45.75 per EBU to balance the District budget. If the Council selects this option, a District-wide benefit analysis and approval of the new assessments by vote of all affected property owners would be needed. Prepared by: Dianne Hansen, Management Analyst, Parks/Landscape Approved by: Bryan McKinney, Public Works Director/City Engineer Attachments: 1. Annual Activities Report 2. Preliminary 2021/22 Engineer’s Annual Levy Report 23 24 RESOLUTION NO. 2021-xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE PRELIMINARY ENGINEER’S REPORT FOR FISCAL YEAR 2021/2022 IN CONNECTION WITH LA QUINTA LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 WHEREAS, the City Engineer has prepared and filed a report entitled “La Quinta Landscape and Lighting Assessment District 89 -1, Preliminary Engineer’s Report” (the “Report”) with the City Clerk of the City of La Quinta; and WHEREAS, the Report has been presented to City Council for review; and WHEREAS, the City Council has carefully examined and reviewed such Report. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The Report, as filed, is hereby approved. SECTION 2. 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. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 1st day of June 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 25 Resolution No. Preliminary Engineer’s Report L&L District 89-1 Adopted: June 1, 2021 Page 2 ____________________________________ 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 26 RESOLUTION NO. 2021-xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY THE ANNUAL ASSESSMENTS FOR CONSTRUCTION, MAINTENANCE, AND SERVICING LANDSCAPING AND LIGHTING IMPROVEMENTS WITHIN THE BOUNDARIES OF THE TERRITORY INCLUDED IN THE CITYWIDE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 AND GIVING NOTICE THEREOF WHEREAS, the City Council, by its Resolution No. 89-9, initiated proceedings pursuant to provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereinafter referred to as “the Act”), for the formation of a Landscape and Lighting Assessment District designated “La Quinta Landscape and Lighting Assessment District 89 -1,” shall include all of the territory located within the boundaries of the City; and WHEREAS, the City Council desires to levy and collect assessments within Landscape and Lighting Assessment District 89 -1 for the Fiscal Year commencing July 1, 2021 and ending June 30, 2022 to pay the costs and expenses of constructing, operating, maintaining, and servicing landscaping, lighting and associated facilities located within public places in the City; and WHEREAS, the Engineer selected by the City Council has prepared and filed a report in connection with the Landscape and Lighting Assessment District 89-1 with the City Clerk of the City of La Quinta; and WHEREAS, the report has presented to the City Council and the City Council did, by previous Resolution, approve such report. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City Council has previously formed Landscape and Lighting Assessment District 89-1 pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500. 27 Resolution No. Intent to Levy L&L District 89-1 Adopted: June 1, 2021 Page 2 SECTION 2. The City Council hereby finds that the maintenance and operation of projects identified in the Preliminary Engineer’s Report for Landscape and Lighting Assessment District 89-1 consisting solely of exempt items of sidewalks, streets, sewers, water, flood control, and/or drainage pursuant to Article 13D Section 5(a) of the California Constitution, that the public interest requires the maintenance of the improvements, and declares its intention to levy and collect assessments for the fiscal year commencing July 1, 2021 and ending June 30, 2022 to pay for the costs and expenses of the improvements described in Section 4 hereof. SECTION 3. The territory included within the boundaries of the Assessment District includes all of the land included within the boundaries of the City. SECTION 4. Reference is hereby made to the report of the Engineer on file with the City Clerk of the City of La Quinta for a full and fair description of the improvements, the boundaries of the Assessment District and any zones therein and the proposed assessments upon assessable lots and parcels of land within the Assessment District. SECTION 5. Notice is hereby given that June 15, 2021 at 5:00 p.m. at the City Council Chambers, 78-495 Calle Tampico, La Quinta, California, 92253, is the time and place fixed for a Public Meeting by the City Council to allow public testimony regarding the assessment. SECTION 6. Notice is hereby given that June 15, 2021, at 5:00 p.m. at the City Council Chambers, 78-495 Calle Tampico, La Quinta, California, 92253, is the time and place fixed for a Public Hearing by the City Council on the question of the levy of the proposed assessment for Landscape and Lighting Assessment District 89-1. Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, or, withdrawal of the protest. A written protest shall state all grounds of objections and a protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the hearing, all interested persons shall be afforded the opportunity to hear and be heard. SECTION 7. The City Clerk is hereby authorized and directed to give notice of such hearings as provided in the Act. SECTION 8. The City Council hereby designates The Desert Sun as the newspaper in which notice of the Public Hearing shall be published. 28 Resolution No. Intent to Levy L&L District 89-1 Adopted: June 1, 2021 Page 3 SECTION 9. The City Council authorizes and directs the City Clerk to (i) submit certified copies of this resolution to the County of Riverside and (i i) take such other and further actions as may be necessary and proper for the County Assessor to place this assessment on the tax roll. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 1st day of June 2021, 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 29 30 ATTACHMENT 1 ANNUAL ACTIVITIES LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT Adopt the following Resolutions: 1. Approve Preliminary Engineer’s Report (June 1, 2021). 2. Intention to levy annual assessment and notice of Public Meeting/Hearing (June 15, 2021). 3. Conduct a Public Meeting to allow testimony regarding the proposed assessments prior to Public Hearing (June 15, 2021). 4. Conduct a Public Hearing to allow written protests of the proposed assessment to be considered by the City Council prior to adoption of the final assessments (June 15, 2021). 31 32 City of La Quinta Street Lighting and Landscape District No. 89-1 2021/2022 ENGINEER’S ANNUAL LEVY REPORT Intent Meeting: June 1, 2021 Public Hearing: June 15, 2021 27368 Via Industria Suite 200 Temecula, CA 92590 T 951.587.3500 | 800.755.6864 F 951.587.3510 www.willdan.com ATTACHMENT 2 33 AFFIDAVIT FOR THE ENGINEER'S ANNUAL LEVY REPORT City of La Quinta Street Lighting and Landscape District No. 89-1 Riverside County, State of California This Report and the enclosed diagrams show the exterior boundaries of the District therein including the improvements, budgets, parcels and assessments to be levied for fiscal year 2021/2022, as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor’s maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council. Dated this ____________ day of ______________, 2021. Willdan Financial Services Assessment Engineer On Behalf of the City of La Quinta By: ________________________________ Daniel Louie Project Manager, District Administration Services By: ________________________________ Tyrone Peter P.E. # C 81888 34 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 , 2021. 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 , 2021. 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 , 2021. BY: Monika Radeva, City Clerk City of La Quinta Riverside County, California 35 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.2021/2022 DISTRICT BUDGET 11 APPENDIX A – DISTRICT ASSESSMENT DIAGRAM 14 APPENDIX B – 2021/2022 COLLECTION ROLL 15 36 2021/2022 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 2021/2022. 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 City Council may order the levy and collection of assessments for Fiscal Year 2021/2022 pursuant to the 1972 Act. In such case, the assessment information will be submitted to the Riverside County Auditor/Controller and included on the property tax roll for each benefiting parcel for Fiscal Year 2021/2022. B.COMPLIANCE WITH CURRENT LEGISLATION The District was formed in 1989 pursuant to the 1972 Act. As such, the City has determined that pursuant to California Constitution 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. 37 2021/2022 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. 38 2021/2022 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 Riverside County (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. 39 2021/2022 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. 40 2021/2022 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 41 2021/2022 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 42 2021/2022 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. 43 2021/2022 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 44 2021/2022 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’s assessment rates for Fiscal Year 2021/2022 over or above the maximum rate established. The proposed rate per EBU for Fiscal Year 2021/2022 is the same rate assessed for Fiscal Year 2020/2021. The base assessment rate to be approved for Fiscal Year 2021/2022 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 $981,712. 45 2021/2022 City Of La Quinta L&L 89-1 Page 10 of 15 The City proposes the remaining $3,617,288 be funded through a General Fund contribution of $3,467,288 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 Compensation 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 including any required notices, mailings or property owner protest ballot proceedings. 46 2021/2022 City Of La Quinta L&L 89-1 Page 11 of 15 B.2021/2022 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 2021/2022 is summarized on the next page in Table 1. 47 2021/2022 City Of La Quinta L&L 89-1 Page 12 of 15 Table 1 Category Description Estimated Expenditures Funding Fiscal Year 2021/2022 L & L Assessments General Fund– Parks Personnel Salaries-Permanent Full Time $410,500 $180,000 $230,500 Other Benefits & Deductions 188,900 85,800 103,100 Stand By 0 0 0 Stand By Overtime 0 0 0 Overtime 0 0 0 Total Personnel $599,400 $265,800 $333,600 Contract Services Annual Lighting & Landscape Report $0 $0 $0 Civic Center Campus Lake Maintenance 31,500 0 31,500 Lighting Contract Services 70,000 70,000 0 Financial Services Admin. Fee 0 0 0 Citywide Maintenance Contract 1,386,900 783,300 603,600 Undeveloped Parks PM10 Services 0 0 0 Maintenance & Repair 435,000 100,000 335,000 CVWD Lease-Pioneer Dog Park 0 0 0 Tree Trimming 18,000 8,000 10,000 Janitorial Services 0 0 0 Security Service - Corporation Yard 0 0 0 Fritz Burns Park 60,000 0 60,000 Lighting Service 1,000 0 1,000 SilverRock Way Landscaping 95,000 65,000 30,000 Total Contract Services $2,097,400 $1,026,300 $1,071,100 Rental Services Uniforms $3,500 $1,000 $2,500 Total Rental Services $3,500 $1,000 $2,500 Park Equipment Vehicle Operations Facilities Charges $0 $0 $0 Fleet Maintenance 102,200 34,100 68,100 Facility & Equipment Depreciation 200,000 0 200,000 Total Operations $302,200 $34,100 $268,100 Utilities Gas $15,000 $0 $15,000 Electric 298,900 110,000 188,900 Phone $1,000 $0 $1,000 Water 447,600 200,000 247,600 Total Utilities $762,500 $310,000 $452,500 Travel Training & Meetings $3,500 $500 $3,000 Total Travel Training & Meetings $3,500 $500 $3,000 Information Technology Computers Printers and Services $124,000 $57,200 $66,800 Total Information Technology $124,000 $57,200 $66,800 Operating Supplies Plant Replacement $640,000 $500,000 $140,000 Graffiti Removal 25,000 10,000 15,000 Safety Gear 3,000 2,000 1,000 Field Materials 18,000 15,000 3,000 Total Operating Supplies $686,000 $527,000 $159,000 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 $4,583,000 $2,224,400 $2,358,600 District Administration Public Works Administration $0 $0 $0 Citywide Administration 16,000 16,000 0 Total District Administration $16,000 $16,000 $0 Total Landscape & Lighting Expenditures $4,599,000 $2,240,400 $2,358,600 Less CSA 152 Revenue ($150,000) ($150,000) $0 Less General Fund Contribution (3,467,288) (1,108,688) (2,358,600) Balance to Levy $981,712 $981,712 Total EBU 27,576.74 Levy Per EBU $35.60 48 2021/2022 City Of La Quinta L&L 89-1 Page 13 of 15 Fiscal Year 2021/2022 Budget 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 (1) The difference in the “Balance to Levy” amount in Table 1 and the total FY 2021/2022 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 2021/2022. Differences are generally due to changes in County Land Use Classifications or Assessor’s Parcel Number changes. Land Use FY 2021/2022 Parcel Count County Acres Prior Year EBU Prior Year Levy FY 2021/2022 EBU FY 2021/2022 Levy (1) Agricultural 17 371.44 93.22 $3,318.60 93.22 $3,318.60 Exempt 51 104.69 0.00 0.00 0.00 0.00 Golf Course 283 3,499.18 1,805.62 64,278.22 1,805.62 64,278.22 Hillside Conservation 12 319.03 31.90 1,135.62 31.90 1,135.62 Multi-Family Residential 34 94.93 635.00 22,606.00 635.00 22,606.00 Non-Residential 272 576.61 2,902.60 103,332.56 2,902.70 103,336.12 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 20,700 3,743.60 20,700.00 736,920.00 20,700.00 736,920.00 Vacant Residential 1,931 1,048.76 639.87 22,763.92 639.87 22,763.92 Vacant Non- Residential 201 558.40 563.20 20,047.98 563.20 20,047.98 Total 23,565 10,567.30 27,576.64 $981,708.78 27,576.74 $981,712.34 49 2021/2022 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’s 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. 50 N W*E s 4rJ.uldw Landscape Maintenance Map ,/' // / �/ r ______ // Facililirs Dcpm tmrnt Mninlcnmw.' DilrisioH I ' II I III [I I I II i I • Co11tact: James Li11dsc_11, Mai11lenn11cc Mn11a,�cr Email: jli11dsr_l{f!1'/nq11i11/ncr, gm• Din•cl Tt'I (760) 777-7052 Dt•si,,;:11 & Det•doJ'mr11t Depnrlme11/ E11gi11('cri11g Dit•isio11 GIS Con/net: Ubaldo A.11611, Mnnn,'i{cmcnl Spccinlisl Email: 11n.vo11'1J•laq11i11tnca gm, Din·cl Tel. (760/ 777-7051 - SBTHAVENUE Dale: Morel, 22, 2019 11,is mnp is for rcfi·r,·11cc onf.v, 0 0115 025 05 1 ��=---===---"'"' - Legend --Parkway Maintained by LLD (-89,257ft) --Parkway Maintained by LLD (Wall Adjacent -36,005ft) --Parkways Maintained by HOA or Property Owners Facilities Maintained by LLD [-J COLQCitylimits - --======----']I 58TH AVENUE -I II - 80TH AVENUE ----, __ _J I I I r---' I I J-i 1111111, �, �I ---- � 62NDAVENUE 51 52 2021/2022 City Of La Quinta L&L 89-1 Page 15 of 15 APPENDIX B – 2021/2022 COLLECTION ROLL Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Riverside County Assessor’s 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 2021/2022. 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. 53 54 City of La Quinta CITY COUNCIL MEETING: June 1, 2021 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION GRANTING CONDITIONAL APPROVAL OF FINAL TRACT MAP NO. 37359 AND ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE CENTRE, A COMMERCIAL AND CONDOMINIUM DEVELOPMENT LOCATED IN THE SOUTHWEST CORNER OF AUTO CENTRE DRIVE AND LA QUINTA DRIVE RECOMMENDATION Adopt a resolution granting conditional approval of the Final Tract Map and Subdivision Improvement Agreements associated with Tract Map No. 37359, the Centre, and authorize the City Manager to execute said agreement s. EXECUTIVE SUMMARY •SLF-Adams Street La Quinta, LLC (Developer) requests conditional approval of Final Tract Map No. 37359. •This is a ministerial action that occurs when the conditions of approval have been met or secured through agreements. Obtaining signatures on the final map and submitting securities for the Subdivision Improvement Agreements (SIAs) are the outstanding items. The Developer has 30 days to complete these items. FISCAL IMPACT - None BACKGROUND/ANALYSIS Final Tract Map 37359 is located in the southwest corner of Auto Centre Drive and La Quinta Drive (Attachment 1). The Final Tract Map creates a 2.8 acres commercial lot on the northern end and a 19.3 acre s condominium project consisting of 131 detached condominiums. A previous developer has rough graded the site. No other off-site and on-site improvements have been constructed. Tentative Tract Map 37359 was approved by the City Council at a duly noticed public hearing held on July 3, 2018. The Final Tract Map (Attachment 2) has passed technical review by the City Surveyor. The Developer has signed the SIAs (Attachment 3). The Developer seeks conditional approval of the Final CONSENT CALENDAR ITEM NO. 3 NO. 55 Tract Map. Thereafter, the Developer has 30 days to obtain all necessary signatures on the map and submit performance, and labor and materials securities. If the Developer fails to obtain all necessary signatures and submit the securities within 30 days, the map will be rescheduled for Council consideration only after all items are complete. ALTERNATIVES Council could deny conditional approval and require the Owner to complete all items; however, this would unnecessarily delay development, thus, not recommended. Prepared by: Amy Yu, Associate Engineer Approved by: Bryan McKinney, P.E., Public Works Director / City Engineer Attachments: 1. Vicinity Map 2. Tract Map 37359 3. Subdivision Improvement Agreements 56 RESOLUTION NO. 2021 - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL APPROVAL OF FINAL TRACT MAP AND SUBDIVISION IMPROVEMENT AGREEMENTS ASSOCIATED WITH TRACT MAP NO. 37359 AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, Tentative Tract Map No. 37359 was approved by City Council at a duly noticed public hearing held on July 3, 2018, as permitted under the Subdivision Map Act, subject to conditions of approval; and WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present a map for consideration of approval when the requisite items necessary for a final map approval are nearly, but not completely, finished; thus, yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City st aff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by City staff within a reasonable period of time. 57 Resolution No. 2021-XXX Conditional Approval of Tract Map No. 37359 Adopted: June 1, 2021 Page 2 of 3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The Final Tract Map 37359 is conditionally approved provided the subdivider submits all required item (s) on or before July 1, 2021. SECTION 2. The City Council’s approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act, and all ordinances of the City. SECTION 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirement and any other requirements not expressly described here to the City Engineer’s satisfaction: A. Finalize the final tract map and obtain all necessary signatures. B. Submit performance and labor & materials securities for Subdivision Improvement Agreements. SECTION 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her att esting signature, until the City Engineer has signed the map. SECTION 5. The time extension for satisfying the requirements of the conditional approval for this f inal map shall expire when City offices close for regular business on July 1, 2021. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Subdivision Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council hel d on this 1st day of June 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 58 Resolution No. 2021-XXX Conditional Approval of Tract Map No. 37359 Adopted: June 1, 2021 Page 3 of 3 _______________________ 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 59 60 So urce: ESRI Im agery ·|}þ111Washington St Avenue 48 DunePalmsRdAdams St Blackhawk Wy Rancho laQuinta Country Club One ElevenLa Quinta ShoppingCenter La Quinta High School La Quinta Park LaQuintaCenterDrAuto CentreDr I Legend Project Site Vicinity Map ATTACHMENT 1 61 62 ATTACHMENT 2 63 64 65 66 67 68 ATTACHMENT 3 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 City of La Quinta CITY COUNCIL MEETING: June 1, 2021 STAFF REPORT AGENDA TITLE: ADOPT ORDINANCE NO. 594 AMENDING SECTIONS 9.50.090 AND 9.200.015 OF TITLE 9 OF THE LA QUINTA MUNICIPAL CODE RELATED TO ADMINISTRATIVE AND RENUMBERING MODIFICATIONS; CEQA: EXEMPT FROM CEQA PURSUANT TO SECTION 15061(B)(3) REVIEW FOR EXEMPTIONS – COMMON SENSE RULE; LOCATION: CITYWIDE RECOMMENDATION Adopt Ordinance No. 594 on second reading. EXECUTIVE SUMMARY The proposed code amendments to Section 9.50.090 reformat and renumber the existing code to assist with administration. The proposed code amendments to Section 9.200.015 align the text with the renaming of “Preliminary Review” application to “Conceptual Design Review” application. FISCAL IMPACT – None. BACKGROUND/ANALYSIS On December 8, 2020, the Planning Commission recommended that City Council adopt multiple amendments to the La Quinta Municipal Code (LQMC) relating to streamlining of processes. These amendments were approved and adopted by Council on January 19, 2021. Subsequent to this, Staff identified two areas that need further clarification, which are shown in redlines on Exhibit A of the proposed Ordinance: Section 9.50.090 Architectural Design Standards This section was changed from “RC District Development Standards”, which applied only to the Cove district, to “Architectural Design Standards”, which now applies the architectural design guidelines citywide. Other changes removed language that was either redundant or more appropriate in other sections of the LQMC. However, the adopted code amendments caused research difficulties for the City’s Code Compliance Division, thus, additional amendments are now being proposed to renumber the section, leaving certain numbers blank and reinstating prior provisions, for purposes of CONSENT CALENDAR ITEM NO. 4 91 administration. No actual language within this section is being changed, removed, or modified, and is instead being reformatted to assist with administration. Section 9.200.015 Conceptual Design Review This section was changed from “Preliminary Review” to “Conceptual Design Review” as the City distinguished the change from a Preliminary Review to a Conceptual Design Review to be compliant with California Senate Bill 330 which deals with Preliminary Review. However, Section 9.200.015(B) was not corrected to change the reference “preliminary development plan application” to “conceptual design review application”. This change is now being proposed for consistency and compliance. PUBLIC REVIEW Public Notice The proposed code amendments were advertised in The Desert Sun newspaper on May 7, 2021. To date, no comments have been received. Comments from other City Departments and divisions were considered. Planning Commission Review At its regular meeting of April 27, 2021, the PC recommended Council approval of the proposed Code amendments. ENVIRONMENTAL REVIEW The Design and Development Department has determined that the proposed zone text amendment is exempt from environmental review under CEQA, pursuant to Section 15061(B)(3), Review for Exemptions – Common Sense Rule, in that it can be seen with certainty that there is no possibility for this action to have a significant effect on the environment, and individual development plans will be reviewed under CEQA as they are proposed. ALTERNATIVES As Council approved this ordinance at first reading, staff does not recommend an alternative. Prepared by: Monika Radeva, City Clerk Approved by: Jon McMillen, City Manager 92 ORDINANCE NO. 594 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTIONS 9.50.090 AND 9.200.015 OF TITLE 9 OF THE LA QUINTA MUNICIPAL CODE RELATED TO ADMINISTRATIVE AND RENUMBERING MODIFICATIONS PROJECT: ZONING ORDINANCE AMENDMENT 2021-001 WHEREAS, the City Council of the City of La Quinta, California did, on the 18th day of May 2021, hold a duly noticed public hearing for review of a City-initiated request of Zoning Ordinance Amendment 2021-0001 to amend sections of Title 9 of the La Quinta Municipal Code; and WHEREAS, previous to said Public Hearing, the Planning Commission of the City of La Quinta did, on April 27, 2021, held a duly noticed public hearing, and after review and consideration of this item, and hearing all public testimony, adopt Planning Commission Resolution 2021-005 to recommend to the City Council adoption of said code amendments; and WHEREAS, the Design and Development Department published a public hearing notice for this request in The Desert Sun newspaper on May 7, 2021, as prescribed by the La Quinta Municipal Code; and WHEREAS, Sections 9.50.090 and 9.200.015 of Title 9 of the La Quinta Municipal Code address architectural design standards and conceptual design review, respectively; and WHEREAS, the proposed zoning text amendments are necessary for administration purposes; and WHEREAS, the proposed zoning text amendments are necessary to implement the General Plan 2035 adopted by the City Council at their regular meeting on February 19, 2013; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, the City Council did make the following mandatory findings to justify adoption of said Zoning Ordinance Amendment: 93 Ordinance No. 594 Amendments to Sections 9.50.090 AND 9.200.015 of the La Quinta Municipal Code Adopted: June 1, 2021 Page 2 of 7 1.Consistency with General Plan The code amendment is consistent with the goals, objectives and policies of the General Plan. The proposed amendments are supported by Policy LU-1.2 for land use decisions to be consistent with General Plan policies and programs and uphold the rights and needs of property owners and the public, Goal LU-2 for high quality design that complements and enhances the City, and by Goal LU-5 to offer a broad range of housing types and choices for all residents of the City. 2.Public Welfare Approval of the code amendment will not create conditions materially detrimental to the public health, safety and general welfare. The amendment streamlines the development review process and clarifies language in the La Quinta Municipal Code and does not incorporate any changes that affect the regulation and/or provision of public services, utility systems, or other foreseeable health, safety and welfare considerations. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. Sections 9.50.090 and 9.200.015 of Title 9 shall be amended as written in “Exhibit A” attached hereto and incorporated by this reference. SECTION 2. That the City Council does hereby approve Zoning Ordinance Amendment 2021-0001, as set forth in enclosed “Exhibit A” for the reasons set forth in this Ordinance. SECTION 3. The proposed zone text amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution No. 83-63). The zone text amendments are consistent with the previously approved findings of the General Plan 2035 EIR (Environmental Assessment 2012-622) as the proposed amendments implement the goals, policies, and programs of the General Plan. SECTION 4. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. 94 Ordinance No. 594 Amendments to Sections 9.50.090 AND 9.200.015 of the La Quinta Municipal Code Adopted: June 1, 2021 Page 3 of 7 SECTION 5. POSTING: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. SECTION 6. CORRECTIVE AMENDMENTS: The City Council does hereby grant the City Clerk the ability to make minor amendments and corrections of typographical or clerical errors to “Exhibit A” to ensure consistency of all approved text amendments prior to the publication in the La Quinta Municipal Code. SECTION 7. SEVERABILITY: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 1st day of June, 2021 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________ LINDA EVANS, Mayor City of La Quinta, California 95 Ordinance No. 594 Amendments to Sections 9.50.090 AND 9.200.015 of the La Quinta Municipal Code Adopted: June 1, 2021 Page 4 of 7 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 96 Ordinance No. 594 Amendments to Sections 9.50.090 AND 9.200.015 of the La Quinta Municipal Code Adopted: June 1, 2021 Page 5 of 7 EXHIBIT A 9.50.090 Architectural Design standards. In addition to the requirements of Chapter 9.30 (Residential Districts) and Chapter 9.60 (Supplemental Residential Regulations) the following shall be required for homes: A. Requirements. 1. Architectural Design Guidelines. The city council shall, by resolution, adopt architectural design guidelines to be used as guidelines in reviewing landscape materials, architectural style, exterior building materials, colors, and mass and scale; 2. Architectural Variety. Duplication of houses having the same architectural design features on the front elevation of other houses located within two hundred feet of each other shall make provisions for architectural variety by using different colors, roof treatments, window treatments, garage door treatments, and methods; 3. [Reserved] 4. [Reserved 5. [Reserved] 6. [Reserved] 7. [Reserved] 8. Landscaping. All front and exterior side yards shall be landscaped to property line; 9. The landscaping shall include trees, shrubs and ground cover of sufficient size, spacing and variety to create an attractive and unifying appearance; 10. An irrigation system shall be provided for all areas required to be landscaped; 11. The landscaping shall be continuously maintained in a healthy and viable condition; 12. Screening. Refuse containers and bottled gas tanks shall be concealed by view-obscuring landscaping, fencing or walls, as referenced in Screening Section 9.60.140(B)(1)(e); 13. [Reserved] 14. Lighting. All exterior lighting shall be located and directed so as not to shine directly on adjacent properties, as referenced in Outdoor Lighting Section 9.100.150(F)(4); 15. [Reserved] 97 Ordinance No. 594 Amendments to Sections 9.50.090 AND 9.200.015 of the La Quinta Municipal Code Adopted: June 1, 2021 Page 6 of 7 16. Earth fill shall not exceed what is necessary to provide minimum required drainage to the street. 9.200.015 Conceptual Design Review A. Any potential project applicant has the option to file a conceptual design review (CDR) to ascertain anticipated conditions, requirements and costs associated with a proposal. This allows the applicant to be informed of any potentially significant issues which may affect any decision to pursue the project. This process offers the following advantages: 1. Provides a comprehensive overview of city applications, fees, and other requirements necessary to obtain project approval, in writing; 2. Provides previous project background which can speed up the formal approval process when the project is submitted; 3. The written information can be used as the basis for an estimate of project costs, in order to determine a project’s viability. Submittal for this process shall include completion of an application and supplemental documentation as determined by the director. B. Within thirty calendar days of receipt of a conceptual design review application, a review letter shall be issued to the applicant, incorporating all comments received during the review period. 98 City of La Quinta CITY COUNCIL MEETING: June 1, 2021 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 4 TO GOLF COURSE MANAGEMENT AGREEMENT WITH LANDMARK GOLF MANAGEMENT, LLC FOR SILVERROCK GOLF COURSE MANAGEMENT SERVICES RECOMMENDATION Approve Amendment No. 4 to Golf Course Management Agreement with Landmark Golf Management, LLC to provide SilverRock golf course management services for one additional year until June 30, 2022, for a total not to exceed amount of $118,560; and authorize the City Manager to execute the amendment. EXECUTIVE SUMMARY •In 2013, the City entered into a five-year Golf Course Management Agreement (Agreement) with Landmark Golf Management (Landmark) for SilverRock golf course management services, which was extended in 2018, 2019, and 2020 (Amendment Nos. 1, 2, and 3), and will expire effective June 30, 2021. •Amendment No. 4 (Attachment 1) will extend the term for one year, through June 30, 2022; the Agreement allows for one additional extension if desired to continue coordinating with the development of the hotels and other adjacent facilities. •Amendment No. 4 includes a restoration of the annual management fee to the fiscal year (FY) 2019/20 rate, increasing from $112,632 to $118,560. FISCAL IMPACT The golf course annual management fee pursuant to Amendment No. 4 for 2021/22 would be $118,560. This amount is included in the proposed 2021/22 SilverRock Resort Annual Plan and the fiscal year 2021/22 budget in account 601-0000-60208. CONSENT CALENDAR ITEM NO. 5 99 BACKGROUND/ANALYSIS In July 2013, the City entered into a five-year Agreement with Landmark for SilverRock golf course management services, which was extended in 2018 (Amendment No. 1), 2019 (Amendment No. 2), and in 2020 (Amendment No. 3); the term will expire on June 30, 2021. As SilverRock Development Company proceeds with construction of the hotels, conference center, and adjacent amenity buildings, it is in the best interest of the project to continue using Landmark as the golf course operator during this period. Amendment No. 4 provides the following changes: •Extend the term until June 30, 2022 (Section 2.2 Management Term); •Reinstate the deposits from the Golf Course Accounts for the 2% Capital Improvement funds until June 30, 2022 (Section 3.10.1 Capital Improvement Funds); •The Management Fee had been reduced by 5% in FY 2020/21 as a result of cost-saving measures due to COVID-19. This amendment will restore the annual Management Fee to the FY 2019/20 rate, for a total annual amount of $118,560 (Section 4.1.1) for FY 2021/22. •Reinstatement of the 2% Capital Improvement funds is recommended to ensure funding is available for anticipated improvements as aging infrastructure reaches its useful life. The estimated amount for FY 2021/22 is $62,000 and is included in the proposed SilverRock operating budget. ALTERNATIVES Due to the timeline of the development by SilverRock Development Company and the operational knowledge of the golf course by Landmark, no alternatives are recommended at this time. Prepared by: Claudia Martinez, Interim Finance Director Approved by: Jon McMillen, City Manager Attachment: 1. Amendment No. 4 to Golf Course Management Agreement 100 AMENDMENT NO. 4 TO GOLF COURSE MANAGEMENT AGREEMENT This Amendment No. 4 (“Amendment 4”) to Golf Course Management Agreement (“Agreement”) is made and entered as of the 1st day of July 2021 (“Effective Date”) by and between the CITY OF LA QUINTA (“City”), a California municipal corporation, and LANDMARK GOLF MANAGEMENT, LLC. (“Manager”). RECITALS WHEREAS, on or about July 1, 2013, the City and Manager entered into an Agreement to provide services related to managing golf course operations at SilverRock Resort; and WHEREAS, on or about July 1, 2018, the City and Manager executed Amendment No. 1 and mutually agreed to amend Section 4.1.1 increasing the Management Fee for a total not to exceed amount of $114,000, and to extend the term for one additional year from July 1, 2018 until June 30, 2019 (“Extended Term”); and WHEREAS, on or about June 19, 2019, the City and Manager executed Amendment No. 2 and mutually agreed to amend: •Section 2.2 Management Term by extending the Term for one additional year, from July 1, 2019 to June 30, 2020 (“Extended Term”); and •Section 3.10.1 Capital Improvement Funds by suspending deposit from the Golf Course Accounts for the 2% Capital Improvement Funds until June 30, 2020; and •Section 4.1.1 Management Fee by increasing the annual management fee by 4% for a total not to exceed amount of $119,000 for fiscal year 2019/21; and •Section 8.1 Termination by City by granting the City sole discretion, without penalty or cause to terminate the Agreement on any date after June 30, 2020 with a minimum sixty (60) day prior Written Notice on early termination to Landmark. WHEREAS, on or about June 16, 2020, the City and Manager executed Amendment No. 3 and mutually agree to amend: •Section 2.2 Management Term by extending the Term for one additional year, from July 1, 2020 to June 30, 2021 (“Extended Term”); and ATTACHMENT 1 101 •Section 4.1.1 Management Fee by decreasing the annual fee by 5% to a total not to exceed amount of $112,632 for fiscal year 2020/21. WHEREAS, City and Manager would like to execute Amendment No. 4 and mutually agree to extend the term of the Agreement for one additional year, from July 1, 2021 to June 30, 2022 (“Extended Term”) pursuant to Section 2.2 Management Term; and WHEREAS, City and Manager mutually agree to reinstate deposits from the Golf Course Accounts for the 2% Capital Improvement Funds pursuant to Section 3.10.1 Capital Improvement Funds until June 30, 2022; and WHEREAS, City and Manager mutually agree to amend Section 4.1.1 Management Fee by implementing an annual increase to the Management Fee, reinstating it to the previous not to exceed annual amount of $118,560 for fiscal year 2021/22; and WHEREAS, Section 8.1 Termination by City was amended via Amendment No. 2 to change the date by which the City, in its sole discretion, without penalty or cause, may terminate the Management Term on any date after June 30, 2020, with a minimum sixty (60) day prior Written Notice on early termination to Landmark, and will remain in full force and effect. NOW, THEREFORE, in consideration of the mutual covenants 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: 2.2 Management Term The Management Term shall commence July 1, 2021. The Management Term and this Agreement shall end on June 30, 2022. The City has the option to renew the contract for one (1) additional one-year extension. 3.10.1 Capital Improvement Funds 102 City shall reinstate deposits from the Golf Course Accounts for the 2% Capital Improvement Funds until June 30, 2022. 4.1.1 Management Fees Manager shall receive from City an annual Management Fee in the amount of One Hundred and Eighteen Thousand Five Hundred and Sixty Dollars ($118,560) until expiration of the Agreement. In all other respects, the Agreement, Amendment No. 1, Amendment No. 2 and Amendment No. 3 shall remain in effect. IN WITNESS WHEREOF, the City and Manager have executed this Amendment No. 4 to the Agreement on the respective dates set forth below. CITY OF LA QUINTA LANDMARK GOLF MANAGEMENT, LLC a California municipal corporation and Charter City By:_________________________ By: ______________________ Jon McMillen, City Manager Andy Vossler, President & CEO Date: _______________________ Date: _____________________ ATTEST: ____________________________ Monika Radeva, Deputy City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: ____________________________ William H. Ihrke, City Attorney City of La Quinta, California 103 104 City of La Quinta CITY COUNCIL MEETING: June 1, 2021 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 3 TO JOINT-USE LEASE AGREEMENT WITH DESERT SANDS UNIFIED SCHOOL DISTRICT FOR PUBLIC SAFETY IMPROVEMENTS TO THE SPORTS COMPLEX RECOMMENDATION Approve Amendment No. 3 to Joint-Use Lease Agreement with Desert Sands Unified School District for public safety improvements to the Sports Complex; and authorize the City Manager to execute the Amendment. EXECUTIVE SUMMARY •The Sports Complex is owned by Desert Sands Unified School District (DSUSD). •The Sports Complex is used by more than 1,000 children participating in after school sports in the evenings and weekends throughout the year. •The Sports Complex has been subject to wire theft. •Amendment No. 3 to the Joint-Use Lease Agreement (Attachment 1) will allow installation of Public Safety Cameras at the Sports Complex as part of the City’s Public Safety Camera System (PSCS) to mitigate future security, health and safety problems. FISCAL IMPACT None for this action. The PSCS was approved and budgeted as part of Fiscal Year 2020/21 Capital Improvement Program. BACKGROUND/ANALYSIS In 1987, DSUSD and City entered a Joint-Use Lease agreement for the joint use of the La Quinta Sports Complex. This facility is used by La Quinta sports associations and maintained by the City. As part of the agreement, the City has continued to make improvements to increase security and safety. In 2013, the City renovated and expanded the sports lighting to increase the use of the park in the evenings. To continue providing a safe environment for the public and to CONSENT CALENDAR ITEM NO. 6 105 protect city property, the City approved the installation of four safety cameras at the Sports Complex as part of the City’s PSCS Capital Improvement Program. The PSCS cameras will be installed and used according to the City’s PSCS’s Policies and Procedures. In the last two years, the park has been subject to wire theft on four occasions, causing disruption to youth sports and costing the city approximately $22,000 dollars in damage. The four safety cameras will be located along the perimeter of the parking lot (Attachment 2). Amendment No. 3 has been reviewed by DSUSD staff and is scheduled to be presented to the Desert Sands Unified Board of Trustees on June 8, 2021. This amendment to the Joint-Use Lease agreement will allow the City to make these improvements on school property. ALTERNATIVES As the installation of the safety camera systems at the Sports Complex is intended to mitigate potential security, health and safety issues, staff recommends no alternatives. Prepared by: Martha Mendez, Public Safety Manager Approved by: Chris Escobedo, Community Resources Director Attachments: 1. Amendment No. 3 to Joint-Use Lease Agreement 2. Sports Complex Camera Location Map 106 ATTACHMENT 1 Page 1 AMENDMENT NO. 3 TO DESERT SANDS UNIFIED SCHOOL DISTRICT LA QUINTA JOINT-USE LEASE (SPORTS COMPLEX) This AMENDMENT NO. 3 TO DESERT SANDS UNIFIED SCHOOL DISTRICT LA QUINTA JOINT-USE LEASE (SPORTS COMPLEX) (“Amendment No. 3”) is made and entered into as of the ___ day of June, 2021 ("Effective Date") by and between the City of La Quinta a California municipal corporation (as “Lessee”) and Desert Sands Unified School District (as “Lessor”). RECITALS WHEREAS, on or about November 3, 1987, the Lessee and Lessor entered into that certain DESERT SANDS UNIFIED SCHOOL DISTRICT LA QUINTA JOINT-USE LEASE (SPORTS COMPLEX) (the “Original Sports Complex Lease”) for the joint use of certain sports complex premises (defined therein as the “Premises” and generally referred to as the “Sports Complex”) owned by the Lessor, along with other terms and conditions (including operations and maintenance provisions), with the term of the Lease set to expire on November 2, 2027; and WHEREAS, on or about November 3, 1987, the Lessee and Lessor entered into that certain DESERT SANDS UNIFIED SCHOOL DISTRICT LA QUINTA JOINT-USE LEASE (ADJACENT PARKLANDS) (the “Adjacent Parklands Agreement”), for the joint use of certain lands described therein, along with other terms and conditions (including operations and maintenance provisions), with the term of that agreement set to expire on November 2, 2027; and WHEREAS, on or about August 7, 1990, Lessee and Lessor entered into that certain Agreement (“Maintenance Agreement”) for the operations and maintenance of facilities, to be addressed and decided on annually, in accordance with Sections 17 and 11, respectively, of the Original Sports Complex Lease and Adjacent Parklands Agreement; and WHEREAS, that certain First Amendment to Maintenance Agreement, executed on or about November 1, 1994, amended the Maintenance Agreement provisions in Section 17 of the Original Sports Complex Lease to address perceived and actual needs of both parties with respect to the operation and maintenance of the Sports Complex; and 107 Page 2 WHEREAS, that certain AMENDMENT NO. 1 TO DESERT SANDS UNIFIED SCHOLL DISTRICT LA QUINTA JOINT-USE LEASE (SPORTS COMPLEX) (“Amendment No. 1”) executed on or about April 14, 2010, amended the Original Sports Complex Lease to, among other amendments, (1) Memorialize the “Term” of the Original Sports Complex Lease for a period of forty (40) years commencing from November 3, 1987,, which may be extended for one additional term of forty (40) years by mutual agreement of the parties ; (2) Clarify use terms between the parties; and (3) Renovate core areas of the Sports Complex; and WHEREAS, that certain AMENDMENT NO. 2 TO DESERT SANDS UNIFIED SCHOOL DISTRICT LA QUINTA JOINT-USE LEASE (SPORTS COMPLEX) (“Amendment No. 2”) executed on or about January 22, 2013, amended the Original Sports Complex Lease, as amended by Amendment No. 1, to make improvements to, renovate, and expand the sports lighting at the Sports Complex and to make certain additional administrative amendments; and WHEREAS, the Original Sports Complex Lease, Amendment No. 1, and Amendment No. 2 are collectively referred to as the “Lease”; and WHEREAS, the Lessee and Lessor mutually agree to make public safety improvements to the Sports Complex and amend Section 5 of the Original Sports Complex Lease, as more particularly set forth in herein. AMENDMENT In consideration of the foregoing Recitals, which are a substantive part of this Amendment No. 3 and incorporated herein, 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.Miscellaneous Facility Improvements. Section 5 of the Original Sports Complex Lease is struck in its entirety and is amended to read as follows: 5.Miscellaneous Facility Improvements. In addition to the improvements described in Exhibit “A” of the Original Sports Complex Lease, Lessor shall construct for utilization by Lessor and Lessee the following improvements which are intended to mitigate 108 Page 3 potential security, health and safety problems which may arise from use of the Site including but not limited to: a.Fencing; b.Parking, a park site concession stand and maintenance/storage facilities; c.Permanent Restrooms – portable restrooms shall not be allowed; use of school restrooms shall not be allowed except for functions during which school buildings are utilized; d.Multi-purpose building; e.Separate utility service and metering; f.Amphitheater; and g.Garbage dumpsters and wall enclosures. Additionally, Lessee shall construct for utilization by Lessee the following improvements which are intended to mitigate potential security, health and safety problems which may arise from use of a portion of the Site defined as the Premises: a.Public safety camera system (“PSCS”) – Lessee shall install and maintain PSCS cameras on the Premises according to the City’s PSCS Policies and Procedures, adopted pursuant to Chapter 11.100 of the La Quinta Municipal Code, as those Policies and Procedures may be updated from time to time. 2.Except as specifically amended herein, the Lease shall remain in full force and effect in accordance with the terms therein. [signatures on next page] 109 Page 4 IN WITNESS WHEREOF, the Lessor and Lessee have executed this Amendment No. 3 on the respective dates set forth below. CITY OF LA QUINTA a California municipal corporation ____ Dated: JON McMILLEN, 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 DESERT SANDS UNIFIED SCHOOL DISTRICT ____ Dated: JORDAN AQUINO, Assistant Superintendent Desert Sands Unified School District 110 111 112 City of La Quinta CITY COUNCIL MEETING: June 1, 2021 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES WITH BENGAL ENGINEERING, INC. FOR WHITEWATER RIVER CHANNEL REGIONAL SCOUR ANALYSIS BETWEEN JEFFERSON STREET AND WASHINGTON STREET GRADE CONTROL STRUCTURES PROJECT NO. 2019-19 RECOMMENDATION Approve Amendment No. 2 to Agreement for Contract Services with Bengal Engineering, Inc. for Whitewater River Channel Regional Scour Analysis Between Jefferson Street and Washington Street Grade Control Structures Project No. 2019-19; authorize the City Manager to execute the amendment. EXECUTIVE SUMMARY •CVWD has required the City to perform a Regional Scour Analysis of the Whitewater River Channel between the Jefferson Street and Washington Street Grade Control Structures (Regional Scour Analysis) to obtain final construction and permanent encroachment permits for the Dune Palms Road Bridge Project (Bridge Project). •The Regional Scour Analysis is outside of the Bridge Project limits and must be completed as a separate City project due to funding and environmental restrictions. •Bengal Engineering (Bengal) completed the original hydraulics report for the Bridge Project and has the expertise and historical knowledge to efficiently complete the analysis. •On December 17, 2019 Council appropriated funding of $95,965 and approved an Agreement with Bengal Engineering, Inc. in the amount of $49,965. •Amendment No. 1 was executed to extend the contract term to June 30, 2021. •Amendment No. 2 will amend the Scope of Services to include additional services for CVWD coordination and meetings, amend/add exhibits, and revise HEC-RAS hydraulic model channel cross sections per CVWD comments. It will also amend the Contract Sum by $27,420 and extend the agreement to December 31, 2021. CONSENT CALENDAR ITEM NO. 7 113 FISCAL IMPACT Funds are available in the General Fund Engineering Division Professional Services account for these services (101-7006-60103). The revised total contract amount would be $77,385. BACKGROUND/ANALYSIS As part of the processing of the Hydraulics Report required for the Bridge Project, CVWD’s consultant and staff engineers had concerns that as a consequence of removing the existing low-flow crossing, the sandy channel bottom profile will change over time due to the natural sediment transport processes. For the City to obtain the final construction and permanent encroachment permits for work within the channel right-of-way, CVWD has required the City to perform a Regional Scour Analysis of the channel between the Jefferson Street and the Washington Street Grade Control Structures using the CVWD defined channel equilibrium slope of 0.22%. Without this study, CVWD has informed the City that they will not be able to approve our plans within the channel and thus provide the City with the necessary permits to construct the bridge project. CVWD also requires the City pay for CVWD’s consultant review of the Regional Scour Analysis, anticipated to be up to $20,000 in review fees. The original Regional Scour Analysis scope is complete. CVWD has completed their review and is requiring additional changes to the analysis document that are considered outside the original scope. These changes in scope include additional background, reiteration of summary, and additional tables to be included in the report; additional exhibits to illustrate the existing and proposed channel conditions; revising the hydraulic model; and additional CVWD coordination for report processing. ALTERNATIVES Council could elect not to approve the amendment. Prepared by: Carley Escarrega, Management Assistant Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachment: 1.Amendment No. 2 with Bengal Engineering, Inc. 114 AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES WITH BENGAL ENGINEERING, INC. This Amendment No. 2 (“Amendment No. 2”) to Agreement for Contract Services (“Agreement”) is made and entered into as of the 11th day of May 2021 ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and Bengal Engineering, Inc., a California corporation (“Contracting Party”). RECITALS WHEREAS, on or about December 4, 2019, the City and Contracting Party entered into an Agreement to provide those services related to the Whitewater River Channel Regional Scour Analysis between Jefferson Street and Washington Street Grade Control Structures. The term of the Agreement expires on June 30, 2020 (“Initial Term”); and WHEREAS, Amendment no. 1 executed on or about June 24, 2020 amended Section 3.4 – Term of the Agreement and extend the Initial Term with one additional year, from July 1, 2020 through June 30, 2021 (“Extended Term”). WHEREAS, Amendment no. 2 will amend the Scope of Services to include additional services for CVWD coordination and meetings, amend report text, amend/add exhibits, and revise HEC-RAS model channel cross sections per CVWD comment; and WHEREAS, the Contract Sum of the Agreement is being amended by $27,420 for the additional services being provided; and WHEREAS, both parties have mutually agreed to extend the Agreement to December 31, 2021; 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 to read as follows: For the services rendered pursuant to this Agreement, Consultant shall provide additional services outlined in Exhibit “A”, dated, attached hereto and made apart hereof. ATTACHMENT 1 115 2.Section 2.1 – Contract Sum is amended to read as follows: 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 up to but shall not exceed Seventy-Seven Thousand Three Hundred Eighty-Five Dollars ($77,385.00) (the “Contract Sum”) for the life of the Agreement encompassing initial terms and Amendments 1 through 2, except as provided in Section 1.6. Exhibit B – Budget is amended as attached in “Exhibit B”, attached hereto and made apart hereof. 3.Section 3.4 – Term is amended to read as follows: Unless earlier terminated in accordance with the provisions of Article 8.0 of this Agreement, the extended term shall terminate on December 31, 2021. In all other respects, the Original Agreement shall remain in effect. 116 IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No. 1 to the Agreement for Contract Services on the respective dates set forth below. CITY OF LA QUINTA a California municipal corporation Dated: Jon McMillen, 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 CONTRACTING PARTY: BENGAL ENGINEERING, INC. By: ____ Dated: _________________ Name: Scott Onishuk, P.E. Title: Principal in Charge 117 April 28, 2021 Bryan McKinney P.E., Public Works Director/City Engineer City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 RE: Whitewater River Channel Regional Scour Analysis between Jefferson Street and Washington Street Grade Control Structures; City Project 2019-19 Additional Work Request #2 Design for Additional Project Components Requested by CVWD Dear Mr. McKinney, This letter proposes a contract revision, “Additional Work Request #2” for your consideration. Attached please find: A. Additional Scope of Services, “Exhibit A”, which details the additional scope of work requested by the City of La Quinta / CVWD B. Additional Work Request Cost Proposal The following tasks are included in “Additional Work Request #2”: 1. CVWD Coordination and Meetings; 2. Amend report text; 3. Amend / Add exhibits; and 4. Revise HEC-RAS model channel cross sections per CVWD comment. Total Additional Work Request total $27,420 In addition, we ask that the Contract term be extended to December 31, 2021. We look forward to hearing from you, Scott Onishuk, PE EXHIBIT A SCOPE OF SERVICE 118 Whitewater River Channel Regional Scour Analysis between Jefferson Street and Washington Street Grade Control Structures; City Project 2019-19 Additional Work Request #2 Bengal Engineering, Inc. Page 2 Background The following provides a brief history on the processing of the Dune Palms Road Bridge Hydraulics and Hydrology Report (H&H Report) through CVWD. From the current comments provided in the letter dated March 9, 2021 from CVWD (Response Letter), the majority of the required edits can be characterized as formatting, re-iteration of calculation findings in the body of the report, and providing additional exhibits and tables. The requested report corrections as part of the Response Letter will not change the overall findings within the report. We do acknowledge there is an edit to a channel factor that may result in a change to the results in water surface elevation and scour depth, however the change would be considered minor. The main point of contention between the City and CVWD throughout H&H Report review process has been the determination of the equilibrium slope of the channel between the grade control structures at Washington and Jefferson Streets (Subject Reach) following the removal of the existing low water crossing. The H&H Reports have consistently noted the equilibrium slope as 0.24%. From the initial report review comments, CVWD believed the equilibrium slope was closer to 0.13%. Following the finalization of the CVWD sediment transport analysis, CVWD made a final equilibrium slope determination for the Subject Reach of 0.22%, after over four years of discussion on the topic. Since the start of the review process for the H&H Report, CVWD has updated three of their key documents associated with stormwater guidance; Ordinance 1234.2 adopted in September 2017 which establishes the regional stormwater facility design standards and development requirements, K-1 Format and Content for Reports Revised January 2020 and K-3 Scour Calculation Guidance revised December 2019. The current H&H Report addresses the updated requirements of Ordinance 1234.2 and guidance K-3 as both items had been discussed between CVWD and Consultant staff following the initial report submittal. Finally, during our August 21, 2020 coordination call with CVWD, NHC, the City and Consultant team, there was a discussion of the required edits that would be made prior to the resubmittal H&H Report. During that meeting, David Wilson noted he would allow a minimalistic approach to the revised H&H Report, where the report would address all changes from the updated HEC- RAS results, factors and determined equilibrium slope, in lieu of full reformatting and wholesale changes to the report. In addition, it was noted that the Regional Scour Analysis Tech Memo would be attached to the H&H Report as an appendix, rather than integrate the findings into the H&H Report. The following is a summary of the dates for the H&H Report submittals and CVWD responses. •01/15/2015, Initial H&H Report submittal to CVWD o 05/28/2015, CVWD H&H comments •08/16/2015, 2nd H&H Report submittal to CVWD o 10/7/2015, CVWD H&H comments on 2nd Submittal •09/12/2016, 3rd H&H Report submittal to CVWD o 11/10/2016, CVWD H&H comments on 3rd Submittal o 03/02/2017, City Response Letter on 3rd Submittal CVWD Review Letter 119 Whitewater River Channel Regional Scour Analysis between Jefferson Street and Washington Street Grade Control Structures; City Project 2019-19 Additional Work Request #2 Bengal Engineering, Inc. Page 3 •05/19/2017, CVWD Memo on Guidance for Evaluating the Impact of the Removing the Dune Palms Low Water Crossing o 10/20/2017, City Response Letter on CVWD Guidance Memo o 12/04/2017, CVWD Response to City Letter on Guidance Memo o 09/11/2018, City Response Letter on CVWD Response on Guidance Memo o 08/09/2019, City Letter on Follow up of 09/11/2018 letter o 08/29/2019, CVWD Response to City Letter 08/09/2019 •02/11/2019, CVWD Final Report on Whitewater River/ Coachella Valley Stormwater Channel existing sediment transport model. Determination of equilibrium slope of 0.22% made by CVWD. •08/21/2020, City / CVWD Video Call on Scour Analysis Tech Memo comment review and final processing of Tech Memo and H&H Report •10/08/2020, 4th H&H Report submittal to CVWD (delay due to CVWD finalization of Sediment Transport Model and tentative concurrence on the Regional Scour Analysis Tech Memo Analysis) o 03/09/2021, CVWD H&H comments on 4th Submittal Summary of Requested Report Edits All corrections in the Response Letter that were noted that are errors due to using an incorrect factor(s) and the supporting calculation will be performed on Bengal’s time and are not a part of the request fee to update the H&H Report. Furthermore, within the Response Letter, CVWD was requiring the report conform to the current K-1 report standard formatting. Following a discussion between the City and CVWD on April 27, 2021, it was mutually agreed to eliminate all requests for the H&H Report to conform to the K-1 formatting and report outline standards. Therefore, any reformatting of the H&H Report to conform to the K-1 guidance is not included in the AWR. The edits to the H&H Report per the Response Letter have been broken down into three main areas; 1) Amend report text; 2) Amend and add exhibits; and 3) Revise HEC-RAS model channel cross sections. The following provides specifics on the edits that will be required to amend the existing H&H Report to address the comments provided in the Response Letter. Amend Report Text The H&H Report will be amended to add discussions of the standards, guidelines, hydraulic models and calculation results per the Response Letter including but not limited to the following: •Current CVWD 100-year plus standard (Ord. 1234.2); •Equilibrium slope for the project location; •Appropriate minimum freeboard standards for bridges; •FEMA minimum freeboard standards for bridges; •Minimum scour elevation and extent at bridges; 120 Whitewater River Channel Regional Scour Analysis between Jefferson Street and Washington Street Grade Control Structures; City Project 2019-19 Additional Work Request #2 Bengal Engineering, Inc. Page 4 •Confirmation that proposed slope protection depth and extents meet current CVWD guidance; •Topography of the existing and proposed conditions within the HEC-RAS models; •Analysis of the topography; •HEC-RAS model development and adopted parameters for all model runs; •Water surface profiles; •Clear comparison of the existing to proposed condition; and •Identification of any area(s) changes to the water surface elevations. Additionally, the H&H Report will add the requested data tables along with reiteration of the HEC-RAS results and confirmation of meeting CVWD in conformance with the Response Letter. Amend / Add Exhibits The existing exhibits in the H&H Report will be amended to include the requested information per the Response Letter. In addition, a new exhibit will be prepared and included in the report to depict the freeboard in the existing, short term post project and long-term post project conditions. The freeboard exhibit will show each bank on its own profile. Revise HEC-RAS Model Channel Cross Sections Noting the past extensive and exhaustive discussions with CVWD and their review consultant on how to edit to the HEC-RAS model to depict the future equilibrium slope condition in the area of the Dune Palms Bridge and prior concurrence by all parties on how to proceed, the HEC-RAS model channel cross sections will be revised in accordance with the process noted in the current response letter. This requested modification to the HEC-RAS model will not change the results of the channel analysis. Notwithstanding the prior noted factor updates within the calculations, it is our collective opinion that the findings and results provided within the current H&H Report will not substantially change considering and making the edits per the March 2021 CVWD response comments. 121 Whitewater River Channel Regional Scour Analysis between Jefferson Street and Washington Street Grade Control Structures; City Project 2019-19 Additional Work Request #2 Bengal Engineering, Inc. Page 5 Exhibit A: Scope of Services, Additional Work Request #2 The following is the scope of work for the additional design and analysis outside of the approved current scope of work. The Hydrology & Hydraulic Study revisions requested by the CVWD will require following tasks to be performed. Task 1 CVWD Coordination and Meetings •One additional coordination meeting to discuss report with CVWD; and •Misc. coordination with CVWD on the report processing. Task 2 Amend Report text to include: •Provide discussion of standards, guidelines, hydraulic models and resulting water profiles; •Reiterate calculation findings within the body of the report; and •Addition of requested tables. Task 3 Amend / Add exhibits per the following: •Amend existing exhibits to conform with new CVWD comments; and •Prepare new exhibit noting the freeboard distance of the post project channel condition, with a profile for each channel bank. Task 4 Revise HEC-RAS model channel cross sections per CVWD comment. Schedule Following authorization to proceed with the above provided scope, Bengal will deliver the revised report to the City for review within 4 weeks. 122 Estimated Hrs & Fee for AWR #2 Bengal Engineering Project No.: 2019-19 360 S. Hope Ave., Suite C-110 Title:Whitewater River Channel Regional Scour Analysis between Jefferson Street and Santa Barbara, CA 93105 Washington Street Grade Control Structures; City Project 2019-19 Client:City of La Quinta MW EIN =(805) 563-0788 Date:April 28, 2021 T&M MSA CONTRACT NO.: HOURS SPEC.PROJECT BRIDGE CIVIL TECH /GEOTECH ENG CLERICAL TOTAL LABOR CONSULT.MANAGER ENG ENG DRAFTER ENG GEOLOGIST HOURS COST Task 1:CVWD Coordination and Meetings Meetings & Coordination with CVWD 10 8 18 2700 Task 2:Amend Report text to include: Provide discussion of standards, guidelines, hydraulic models and resulting water profiles 10 6 16 2400 Reiterate calculation findings within the body of the report 36 8 44 6600 Addition of requested tables 10 4 14 2100 Task 3:Amend / Add exhibits per the following: Amend existing exhibits to conform with new CVWD comments 8 2 10 1500 Prepare new exhibit noting the freeboard distance of the post project channel condition,10 20 8 38 5180 with a profile noted for each channel bank Task 4:Revise HEC-RAS model channel cross sections per CVWD comment Hydraulic Analysis 40 4 4 48 6940 =Heptagon Seven Effort TOTALS - -124 52 12 - - - - - - - - -188 27420 Classification Rate/Hr.Expenses Units Unit Cost Billing Reimbursables Consultant Special Consultant 175.00 Factor Project Manager 150.00 Geotech Exploration (Budget figure)1.15 Bridge Engineer 150.00 Laboratory Testing (Budget figure)1.15 Senior Engineer 150.00 0 1.15 Structural Design 150.00 1.15 Civil Engineer 150.00 Surveyor 0 1.15 Engineering Geologist 150.00 BW - Size D 0 1.15 Drafter/Technician 85.00 Color - Size D 0 1.15 Geotech Engr 150.00 Mylar - Size D 0 0 1.15 Eng. Geologist 150.00 Color Photocopies -Budget 0 25 1.15 Clerical 55.00 BW Photocopies Budget 0 25 1.15 Mail-Budget 0 25 1.15 Average Rate:145.85 Grand Total =$27,420.00 Item Descriptions 123 Exhibit B Schedule of Compensation With the exception of compensation, Additional Services provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Consultant under Amendment 2 to this Agreement is Seventy- Seven Thousand Three Hundred Eighty -Five Dollars ($77,385.00) (“Contract Sum”). The Contract Sum shall be paid to Consultant in conformance with Section 2.4 of the Agreement. The following represents the revised contract total of Seventy-Seven Thousand Three Hundred Eighty-Five dollars ($77,385.00) after the consideration of Amendment 2. Base Contract Amount: $49,965.00 Amendment No. 1: $0.00 Amendment No. 2: $27,420.00 Revised Contract Total: $77,385.00 124 City of La Quinta CITY COUNCIL MEETING: June 1, 2021 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES WITH ERIC NELSON DBA RASA FOR ON-CALL MAP CHECKING SERVICES RECOMMENDATION Approve Amendment No. 2 to Agreement for Contract Services with Eric Nelson dba RASA for on-call map checking services, for a total not to exceed amount of $48,000 for fiscal year 2020/21; and authorize the City Manager to execute the amendment. EXECUTIVE SUMMARY •Subdivision Tract and Parcel Maps, legal descriptions and plats for lot line adjustments and parcel mergers must be reviewed by a licensed Land Surveyor for compliance with the Subdivision Map Act, and the Land Surveyor’s Act. •In 2017 Staff solicited proposals for on-call map checking services from qualified firms; RASA was selected as the best qualified firm and a three- year agreement was executed, ending on June 30, 2020. •In 2019 Council approved Amendment No. 1 to extend the contract term through June 30, 2022. •Submittals of maps, lot line adjustments, and parcel mergers have increased in fiscal year 2020/21; Amendment No. 2 requests to increase the not to exceed contract amount for fiscal year 2020/21 from $40,000 to $48,000 due to the increased permit activity. FISCAL IMPACT Funds are available in the 2020/21 Public Works Map / Plan Checking account (101-7002-60183) and in the Consultants account for these services (101- 7002-60104). FISCAL YEAR ANNUAL COMPENSATION Contract Services Agreement 2017-2018 2018-2019 2019-2020 $40,000 $40,000 $40,000 Amendment No. 1 2021-2022 $40,000 Amendment No. 2 2020-2021 $48,000 TOTAL CONTRACT COMPENSATION: $208,000 CONSENT CALENDAR ITEM NO. 8 125 BACKGROUND/ANALYSIS In September 2017, the City received ten proposals in response to the on-call map checking services request for proposals. Staff reviewed the proposals and RASA was selected as the qualified firm; and a three-year Agreement for Contract Services was executed through June 30, 2020. On December 3, 2019, Council approved Amendment No. 1 to the agreement, extending the term with two additional years, through June 30, 2022, and related additional compensation at $40,000 per fiscal year. On-call map checking services including lot line adjustments and parcel mergers have utilized most of the existing contract authority for fiscal year 2020/21. Additional contract authority in the amount of $8,000 is needed for a total “not to exceed” contract amount for 2020/21 of $48,000. The monthly invoices would be tracked to ensure that the $48,000 annual budget for these services is not exceeded. ALTERNATIVES Council could elect not to approve the amendment. Prepared by: Amy Yu, Associate Engineer Approved by: Bryan McKinney, Public Works Director/City Engineer Attachment: 1.Amendment No. 2 with RASA 126 AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES WITH ERIC NELSON DBA RASA This Amendment No. 2 ("Amendment No. 2") to Agreement for Contract Services (“Agreement”) with Eric Nelson dba RASA is made and entered into as of the 1st day of June 2021 ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and Eric Nelson DBA RASA (“Contracting Party”). RECITALS WHEREAS, on or about November 1, 2017, the City and Contracting Party entered into a three-year Agreement to provide on-call map checking services; and WHEREAS, the City and Contracting Party executed Amendment No. 1, to extend the Term of the Agreement through June 30, 2022, and allocate additional not to exceed compensation of $40,000 per fiscal year; and WHEREAS, the City and Contracting Party mutually agree to increase the not to exceed compensation amount by $8,000 for fiscal year 2020/2021 due to an increase in permit activity, and amend Section 2.1 Contract Sum to reflect this change. NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows: AMENDMENT NO. 2 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 2.1 – Contract Sum is amended to read as follows: For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in an amount not to exceed Forty-Eight Thousand Dollars ($48,000) for fiscal year 2020/21; all other fiscal years shall not exceed Forty Thousand Dollars ($40,000); and, for the life of the Agreement, encompassing the initial and any extended terms (the “Contract Sum”), except as provided in Section 1.7. ATTACHMENT 1 127 2.“Exhibit B” – Schedule of Compensation is amended as listed in “Exhibit B”, attached hereto and incorporated by this reference. In all other respects, the Original Agreement shall remain in effect. IN WITNESS WHEREOF, the City and Contracting Party have executed this Amendment No. 2 to the Agreement for Contract Services on the respective dates set forth below. CITY OF LA QUINTA ERIC NELSON dba RASA a California municipal corporation _________ Jon McMillen, City Manager Eric A. Nelson, Principal City of La Quinta, California Dated: ___________________ Dated: ______________ ATTEST: Monika Radeva, City Clerk City of La Quinta, California APPROVED AS TO FORM: William H. Ihrke, City Attorney City of La Quinta, California 128 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-Eight Thousand Dollars ($48,000) for fiscal year 2020/21, all other fiscal years shall not exceed Forty Thousand Dollars ($40,000); and, for the life of the agreement, encompassing the initial and any extended terms (“Contract Sum”). The Contract Sum shall be paid to Contracting Party 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 (FY 2017/18): $40,000 “Not to exceed” Year 2 (FY 2018/19): $40,000 “Not to exceed” Year 3 (FY 2019/20): $40,000 Extended Term: “Not to exceed” Year 4 (FY 2020/21): $48,000 “Not to exceed” Year 5 (FY 2021/22): $40,000 Map Check Compensation Map check payment shall be made in full at the following “fixed fee” rates as specified for Tract Maps and Parcel Maps: Tract Maps $2,000.00 base fee plus $30.00 per lot (Including both lettered and numbered lots) Parcel Maps $1,800.00 base fee plus $300.00 per parcel (Including both lettered and number lots) Lot Line Adjustment $900.00 base fee plus $150.00 fee per line adjusted Parcel Mergers $900.00 for two merging parcels plus $450.00 for each additional parcel Miscellaneous projects, research and reports $145.00 per hour 129 This rate shall be compensation for up to three (3) map checks. Payment for additional map checks after the third check shall be made at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. An estimate of hours to complete the map check (after the third check) shall be made in writing to the Contract Officer for approval as specified in Section 1.6 – Additional Services of the Agreement. Compensation for the first three map checks shall be distributed at the following schedule: First Map Check 65% of the Total Map Check Fee Second Map Check 20% of the Total Map Check Fee Third Map Check 15% of the Total Map Check Fee The Contracting Party shall be compensated upon the completion of each map check as indicated in the above schedule and in conformance with Section 2.2 of the Agreement. If a project is suspended, either definitely or indefinitely, the Contracting Party shall be compensated based on the last completed map check. If the map check process is completed prior to the third map check, 100% of the map check fee will be paid upon completion of the final map check. Contracting Party may be requested to provide additional map checks after the third check. Contracting Party receives no additional compensation for delivery or postage fees necessary to transmit or receive plans from City. Contracting Party also may be requested to provide supplemental map checking, general map consulting services for specific projects for the City or other tasks. Payment shall be made in full at an hourly rate of: $145.00 per hour – no overtime, travel time, expenses or other administrative charges will be allowable over and above the stated hourly rate schedule 130 City of La Quinta CITY COUNCIL MEETING: June 1, 2021 STAFF REPORT AGENDA TITLE: APPROVE AMENDEMENT NO. 3 TO AGREEMENT FOR CONTRACT SERVICES WITH MERCHANTS BUILDING MAINTENANCE, LLC FOR CITYWIDE JANITORIAL SERVICES RECOMMENDATION Approve Amendment No. 3 to Agreement for Contract Services with Merchants Building Maintenance, LLC for janitorial services, in the amount of $194,631 for fiscal year 2021/22; and authorize the City Manager to execute the Amendment. EXECUTIVE SUMMARY •On June 5, 2018, Council approved a Contract Services Agreement with Merchants Building Maintenance, LLC. (Merchants) for janitorial services. •The contract expires on June 30, 2021; however, the term allows for four additional one-year extensions. •Amendment No. 3 (Attachment 1) includes additional services and State mandated minimum wage increases. FISCAL IMPACT The total cost for 2021/22 would be $194,631, a 13% or $22,657 increase; the annual cost is allocated between the General Fund, Library, and Museum as follows: 2018/19 2019/20 2020/21 2021/22 General Fund (101- 3008-60115) $ 121,816 $ 135,607 $ 133,314 $ 153,304 Library (202-3004- 60115) $ 29,646 $ 31,733 $ 30,459 $ 32,527 Museum (202-3006- 60115) $ 7,909 $ 8,376 $ 8,201 $ 8,800 TOTAL $ 159,371 $ 175,716 $ 171,974 $ 194,631 CONSENT CALENDAR ITEM NO. 9 131 BACKGROUND/ANALYSIS On June 5, 2018, Council awarded the citywide janitorial services contract to Merchants. The contract allows for four one-year extensions. In May 2019, Amendment No. 1 was approved for a one-year extension for year-round janitorial services and included additional services for the Fritz Burns pool building, bi-monthly window cleaning at the Wellness Center, and State mandated prevailing wage increases. In May 2020, Amendment No. 2 was approved for a one-year extension for year-round janitorial services and included additional services for the Cove Restroom, and State mandated prevailing wage increases. Amendment No. 3 would include a one-year extension for year-round janitorial services with the addition of the Civic Center Park restrooms, the Silver Rock event site restrooms, the Silver Rock event site building in the amount of $9,828, and State mandated minimum wage increase in the amount of $12,829. Based on Merchants performance, staff recommends extending the contract for 2021/22. ALTERNATIVES Council may elect not to approve the contract amendment and direct staff to re-advertise for citywide janitorial services. Prepared by: Alfred Berumen, Management Analyst Approved by: Tony Ulloa, Deputy Director Attachment: 1. Amendment No. 3 to Contract Services Agreement 132 Page 1 of 7 AMENDMENT NO. 3 TO CONTRACT SERVICES AGREEMENT WITH MERCHANTS BUILDING MAINTENANCE, LLC This Amendment No. 3 (“Amendment No. 3”) to Contract Services Agreement (“Agreement”) is made and entered into as of the 1st day of July, 2021 ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and Merchants Building Maintenance, a Janitorial Service (“Contracting Party”). RECITALS WHEREAS, on or about July 1, 2018, the City and Contracting Party entered into an Agreement to provide janitorial services for City facilities, for a total not to exceed amount of $159,371. The term of the Agreement expired on June 30, 2019; and WHEREAS, the City and Contracting Party executed Amendment No. 1 and mutually agreed to extend the term of the Agreement for one additional year, from July 1, 2019 to June 30, 2020 (“Extended Term”), and amend the scope of services to include year-round maintenance of the Fritz Burns Pool building and bi-weekly window cleaning of the Wellness Center, for additional annual compensation of $175,716, which includes a State mandated prevailing wage increase of $8,759 ($159,371 + $7,586 + $8,759 = $175,716); and WHEREAS, the City and Contracting Party mutually agree to amend Section 1.1 – Scope of Services to include year-round maintenance of the Cove Restroom for additional annual compensation of $4,602 pursuant to Section 2.3 Compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum; and WHEREAS, the City and Contracting Party executed Amendment No. 2 and mutually agreed to extend the term of the Agreement for one additional year in accordance with Section 3.4 – Term, from July 1, 2020 to June 30, 2021 (“Extended Term”), and increase Section 2.1 Contract Sum to a total not to exceed amount of $507,061, adding an annual compensation for FY 2020/21 of $171,974, which included a State mandated prevailing wage increase of $11,600 ($160,374 + $11,600 = $171,974); and ATTACHMENT 1 133 Page 2 of 7 WHEREAS, the City and Contracting Party mutually agree to extend the term of the Agreement for one additional year, from July 1, 2021 to June 30, 2022 (“Extended Term”), and amend the scope of services to include year - round maintenance of the Silver Rock Event site restrooms and the Modular Events Building and year-round maintenance of the Civic Center restrooms, for additional annual compensation of $181,802 which includes a State mandated minimum wage increase of $12,829 ($171,974 + $9,828 + $12,829 = $194,631); WHEREAS, Section 2.1 – Contract Sum shall be amended by an additional $194,631 to include compensation for the additional service listed above, for a total not to exceed amount of $701,692: 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 pursuant to the attached “Exhibit A,” incorporated herewith by this reference. 2.Section 2.1; Contract Sum is amended by an additional $194,631 for a total not to exceed amount of $701,692 as listed in revised “Exhibit B,” attached hereto, and incorporated herewith by this reference. Initial term (July 1, 2018 – June 30, 2019) $159,371 Extended Term (July 1, 2019 – June 30, 2020) $175,716 Extended Term (July 1, 2019 – June 30, 2020) $171,974 Extended Term (July 1, 2021 – June 30, 2022) $194,631 Total not to exceed amount: $701,692 134 Page 3 of 7 3.Section 3.4; Term, is extended for one additional year from July 1, 2021 to June 30, 2022 (“Extended Term”), unless earlier terminated in accordance with Sections 8.8 or 8.9 of the Agreement. In all other respects, the Original Agreement shall remain in effect. IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No. 3 to the Agreement on the respective dates set forth below. CITY OF LA QUINTA, MERCHANTS BUILDING a California municipal corporation MAINTENANCE, LLC _______ JON MCMILLEN, City Manager Angel Meza, Regional Vice President City of La Quinta, California Dated: _____________________ Dated: _________________ ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 135 Page 4 of 7 Exhibit A Scope of Services Section 1.1 Scope of Services is amended to include additional services. Additional Services •Civic Center Park Restrooms – Year-round maintenance of restrooms •Silver Rock Event Site Restrooms – Year-round maintenance of restrooms •Silver Rock Event Site Building – As needed cleaning schedule 136 Page 5 of 7 Exhibit B Schedule of Compensation With the exception of compensation, Additional Services provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Amendment No. 3 in Fiscal Year 2021/2022 is One Hundred, Ninety-four Thousand, Six Hundred and Thirty-One Dollars ($194,631) (“Contract Sum”). The Contract Sum shall be paid to Contracting Party in conformance with Section 2.2 of the Agreement. 137 Page 6 of 7 Exhibit B Schedule of Compensation 138 Page 7 of 7 Exhibit B Schedule of Compensation 139 140 City of La Quinta CITY COUNCIL MEETING: June 1, 2021 STAFF REPORT AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH JOE A. GONSALVES & SON FOR GOVERNMENT RELATIONS AND LOBBYIST SERVICES RECOMMENDATION Approve an agreement for contract services related to government relations and lobbyist services with Joe A. Gonsalves & Son in an amount not to exceed $42,000 annually for the term of the agreement, encompassing the initial term of three (3) years, and optional extension of two (2) additional years; and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY •In 2015, the City entered into an agreement with Joe A. Gonsalves & Son (Gonsalves) for government relations and lobbyist services to advance the City’s guiding legislative principles. •The current contract with Gonsalves will expire on June 30, 2021. •Staff published a Request for Proposals (RFP) for government relations and lobbyist services beginning April 16, 2021, through May 7, 2021; one proposal was received from Gonsalves. •Staff has reviewed the proposal and recommends Council approve a renewed Contract with Gonsalves as the City’s lobbyist. FISCAL IMPACT The annual cost is not-to-exceed $42,000 per year ($3,500 monthly). The total contract cost is not-to-exceed $126,000 for the initial contract term of three years. An optional extension of two years is available, with the same terms for a total of $84,000. Funds are available in the General Fund budget (101-1002-60101, Contract Services, Administrative). Cost summary for the services are as follows: YEAR MONTHLY BASE ANNUAL BASE 2021/2022 $3,500 $42,000 2022/2023 $3,500 $42,000 CONSENT CALENDAR ITEM NO. 10 141 2023/2024 $3,500 $42,000 INITIAL 3-YEAR TERM $126,000 2024/2025 $3,500 $42,000 2025/2026 $3,500 $42,000 OPTIONAL EXTENSION (2-YEARS) $84,000 TOTAL CONTRACT NOT TO EXCEED $210,000 BACKGROUND/ANALYSIS In 2015, the City issued an RFP to identify a strategic partner that would bolster legislative efforts, identify trends in the legislative arena, and assist the City in crafting a larger strategy to advance the City’s guiding legislati ve principles. After review of several qualified proposals received, staff coordinated interviews with three of the top firms and Council. Joe A. Gonsalves & Son was awarded a contract to provide lobbyist services. Since contracted, Gonsalves has provided weekly phone and email updates with staff, Legislative Reports with an overview and status of bills relevant to local government and the City, strategic and tactical guidance on legislative matters, legislative support correspondence, and rapid response to requests and needs, as necessary. As the existing contract for these services is set to expire June 30, 2021, the City issued an RFP inviting all qualified firms to respond. After closing the bidding process, staff received one proposal from the incumbent, Gonsalves. The services provided as the City’s existing lobbyist have been considered excellent and therefore staff recommends approval of this contract to renew a partnership for continued services. Upon the Council’s approval, the initial term of this Agreement would begin July 1, 2021, and expire on June 30, 2024, with an option to renew for one extension, allowing for an additional two (2) years (Attachment 1). The City has the right to terminate the Agreement at any time with a 30-day written notice. ALTERNATIVES Council may elect to not approve this Agreement. However, staff does not recommend this alternative due to the immediate need for these services, and limited response from other qualified firms. Prepared by: Doug Kinley III, Management Specialist Approved by: Jon McMillen, City Manager Attachment: 1. Agreement for Contract Services 142 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 JOE A. GONSALVES & SON (“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 government relations and lobbyist 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 1 143 -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 Ci ty, 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 144 -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 Forty Two Thousand Dollars ($42,000.00) 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 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 o f 145 -4- Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement. 2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City’s Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer, or assigned designee, and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City’s Finance Department. 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 146 -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, 2021, and terminate on June 30, 2024 (“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)Anthony D. Gonsalves, President Tel No.: (916) 441-0597 E-mail: Gonsalves@Gonsalvi.com (b)Jason A. Gonsalves, Vice President Tel No.: (916) 441-0597 Email: Gonsalves@Gonsalvi.com 147 -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 City Manager 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 witho ut 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, 148 -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 149 -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 150 -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 m aintained 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 o f 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 151 -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 152 -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. 153 -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 154 -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 155 -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: Gilbert Villalpando 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: JOE A. GONSALVES & SON Attention: Anthony Gonsalves 925 L Street, Suite 250 Sacramento, California 95814-3766 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. 156 -15- 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 10.9 No Third-Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third -party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 157 -16- 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] 158 -17- IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California Municipal Corporation JON McMILLEN, City Manager City of La Quinta, California Dated: CONTRACTING PARTY: By: Name: Title: ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California By: Name: Title: APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 159 Exhibit A Page 1 of 1 Exhibit A Scope of Services Services to be provided: •Act as the City’s official legislative advocate with the California State Legislature and State Agencies; •Develop, coordinate and implement a government relations strategy subject to approval by the City and assist with special projects; •Review all bills introduced to the California Legislature and inform the City of all such legislation affecting its interests and forward weekly a report to the City; •Assist in identifying and obtaining state funding available for City programs and proposed capital projects; •Provide a monthly written summary during the legislative session and at other times if significant activity warrants it; •Assist City in development and execution of appropriate documents, grants and other funding application requirements; •Arrange meetings with the legislative representatives for both City elected officials and staff when necessary; •Initiate legislative proposals on behalf of the City; •Attend and provide testimony on behalf of the City in legislative hearings; and •Prepare all necessary documents for State compliance for these services. [See Attached] 160 EXHIBIT A SCOPE OF SERVICES 161 162 JANUARY Jan. 1 Jan. 10 Jan. 11 Jan. 18 Jan. 22 bill requests FEBRUARY MARCH APRIL MAY 2021 TENTATIVE LEGISLATIVE CALENDAR DEADLINES Feb. 15 Feb. 19 introduced Mar. 25 Spring Recess Mar. 31 Apr. 5 Apr. 30 policy committees fiscal bills May 7 policy committees non-fiscal bills May 14 policy committees May 21 fiscal committees fiscal committees May 31 OVER 163 JUNE JULY AUGUST Aug. 16 Aug. 27 fiscal committees Aug. 30-Sept. 10 Floor session only IMPORTANT DATES OCCURRING DURING INTERIM RECESS June 1-4 Floor session only June 4 June 7 June 15 July 2 July 14 policy committees July 16 Summer Recess SEPTEMBER Sept. 3 amend Sept. 6 Sept. 10 Interim Recess 2021 2022 164 JANUARY DEADLINES Jan. 10 Jan. 11 reconvenes Jan. 18 Jan. 22 bill requests FEBRUARY Feb. 15 Feb. 19 introduced MARCH Mar. 25 Spring Recess Mar. 31 APRIL Apr. 5 Spring Recess Apr. 30 policy committees fiscal bills MAY May 7 policy committees non-fiscal May 14 policy committees May 21 iscal committees fiscal committees May 31 165 JUNE June 1-4 Floor Session Only June 4 passed out of the house of origin June 7 June 15 Budget bill midnight JULY July 2 July 14 policy committees July 16 Summer Recess AUGUST Aug. 16 Summer Recess Aug. 27 fiscal committees Aug. 30-Sept. 10 Floor Session only SEPTEMBER Sept. 3 amend Sept. 6 Sept. 10 each house to pass bills Interim Study Recess IMPORTANT DATES OCCURRING DURING INTERIM STUDY RECESS 2021 2022 166 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 annually to be paid to Contracting Party under this Agreement is not to exceed Forty Two Thousand Dollars ($42,000) (“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. The annual cost is not-to-exceed $42,000 per year ($3,500 monthly). The total contract cost is not-to-exceed $126,000 for the initial contract term of three (3) years. An optional extension of one term for two (2) years is available, with the same terms of the annual not to-exceed amount of $42,000 per year ($3,500 monthly), totaling $84,000. Funds are available in the General Fund budget (101-1002-60101, Contract Services, Administrative). Cost summary for the services are as follows: YEAR MONTHLY BASE ANNUAL BASE 2021/2022 $3,500 $42,000 2022/2023 $3,500 $42,000 2023/2024 $3,500 $42,000 INITIAL 3-YEAR TERM $126,000 2024/2025 $3,500 $42,000 2025/2026 $3,500 $42,000 OPTIONAL EXTENSION (2-YEARS) $84,000 TOTAL CONTRACT NOT TO EXCEED $210,000 167 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. 168 Exhibit D Page 1 of 1 Exhibit D Special Requirements None 169 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 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 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. 170 Exhibit E Page 2 of 6 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 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. 171 Exhibit E Page 3 of 6 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 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 deliver ed 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. 172 Exhibit E Page 4 of 6 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. 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 173 Exhibit E Page 5 of 6 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. 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, 174 Exhibit E Page 6 of 6 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. 175 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 176 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 177 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. 178 City of La Quinta CITY COUNCIL MEETING: June 1, 2021 STAFF REPORT AGENDA TITLE: AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE PWLC II, INC. FOR ADDITIONAL LIGHTING AND LANDSCAPE ASSESSMENT DISTRICT 89-1 MAINTENANCE SERVICES IN FISCAL YEAR 2020/21 RECOMMENDATION Authorize the Public Works Department to utilize PWLC II, Inc. for an additional $75,000 for extra maintenance services within the Lighting and Landscape Assessment District 89-1 during fiscal year 2020/21. EXECUTIVE SUMMARY •Per the purchasing policy, amounts paid to vendors/contractors over $50,000 must be approved by Council. •The current contract for Project No 2018-30 Lighting & Landscape Assessment District 89-1 Maintenance Services (L&L) allows for the contractor to be paid for extra work as maintenance needs arise throughout the L&L District. •On July 7, 2020, Council authorized the City to utilize PWLC, Inc. (PWLC) as a single source for landscape maintenance work within the L&L and additional spending authority up to $100,000. •Staff requests spending authority for an additional amount of $75,000 in the 2020/21 fiscal year for additional maintenance services in the L&L. FISCAL IMPACT The $75,000 (total amount $175,000 in FY 2020/21) would be charged in increments, as needed, to the maintenance services account (215-7004-60691) for additional work within the L&L areas. Should PWLC be awarded any other bid in 2020/21, the amount would be charged to the appropriate account(s). BACKGROUND/ANALYSIS PWLC provides quality work and is contracted with the City for L&L landscape maintenance services. CONSENT CALENDAR ITEM NO. 11 179 The landscape contract with PWLC allows for extra services on request, such as plant replacement, tree removal, irrigation repairs, and emergency callouts. However, the dollar amount for extra work is not specified. On July 7, 2020, Council authorized PWLC to be utilized as a single source for landscape refreshing and restoration within the L&L, and additional spending authority up to $100,000. Staff anticipates additional landscape refreshing and restoration within the L&L maintenance areas in FY 2020/21, and requests authorization to utilize PWLC for an additional amount of $75,000 for this extra work. ALTERNATIVES Staff could request approval from Council for any future work awarded to PWLC on an as-needed basis. However, this approach will delay completion schedules. Prepared by: Dianne Hansen, Management Analyst Approved by: Bryan McKinney, Public Works Director/City Engineer 180 City of La Quinta CITY COUNCIL MEETING: June 1, 2021 STAFF REPORT AGENDA TITLE: AWARD CONTRACT TO ONYX PAVING COMPANY, INC. FOR THE MONROE STREET PAVEMENT REHABILITATION PROJECT NO. 2020-01 RECOMMENDATION Award a contract to Onyx Paving Company, Inc. in the amount of $408,000 for the Monroe Street Pavement Rehabilitation Project 2020-01, located between Avenue 52 and Avenue 53 and an additional location near Avenue 61; and authorize the City Manager to execute the contract. EXECUTIVE SUMMARY •This project is located at two locations (Attachment 1): o Monroe Street from Avenue 52 to Avenue 53 - pulverization, crack fill, and slurry seal the existing pavement on the south bound side of the street. o Monroe Street from Avenue 61 to approximately 325 feet north of Avenue 61– pulverization of the existing pavement. •Onyx Paving Company, Inc. of Anaheim, California, submitted the lowest responsible and responsive bid at $408,000 (Attachment 2). Additive Alternates 1-2 are not recommended for award. CVWD will self-perform those items. FISCAL IMPACT This project is budgeted in the 2020/2021 Capital Improvement Program (CIP) utilizing $941,000, of which $257,902 is Measure A Funding and 683,098 is SB1 Road Maintenance Funding. The following is the project budget: Total Budget Professional: $ 56,223 Design: $ 68,223 Inspection/Testing/Survey: $ 63,517 Construction: $ 408,000 Contingency: $ 345,037 Total Budget: $ 941,000 CONSENT CALENDAR ITEM NO. 12 181 BACKGROUND/ANALYSIS After receiving many resident concerns, a Geotechnical Report was prepared for Monroe Street between Avenue 52 and Avenue 53 and near Avenue 61. The report recommended to complete a full depth pavement reconstruction between Avenue 52 and Mountain Spur Drive and from Avenue 61 to approximately 325 feet north of Avenue 61. A crack fill and slurry seal are recommended between Mountain Spur Drive and Avenue 53. On April 19, 2021 staff solicited construction bids from qualified contractors. The City received 7 bids on May 11, 2021. Onyx Paving Company, Inc. of Anaheim, California, submitted the lowest responsible and responsive bid at $408,000. Contingent upon approval to award on June 1, 2021, the following is the project schedule: Council Considers Project Award June 1, 2021 Execute Contract and Mobilize June 2 to June 28, 2021 Construction (40 Working Days) June to August 2021 Accept Improvements September 2021 ALTERNATIVES Staff does not recommend alternatives. Prepared by: Carley Escarrega, Management Assistant Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. Vicinity Map 2. Bid Comparison Summary 182 *IMPORTANT* Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. © Riverside County GIS Legend REPORT PRINTED ON...2/7/2019 11:38:16 AM Attachment 1 - Vicinity Map Monroe Street Pavement Rehabilitation 0 12,0376, 019 Feet Blueline Streams City Areas World Street Map ATTACHMENT 1 ATTACHMENT 1183 184 Bid Opening Date: 5/11/2021Monroe Street Pavement RehabilitationCity Project No. 2020‐01ATTACHMENT 2ItemItem DescriptionUnit Quantity Unit Price Total CostUnit PriceTotal CostUnit PriceTotal CostUnit PriceTotal CostUnit PriceTotal CostUnit PriceTotal CostUnit PriceTotal CostUnit PriceTotal Cost1 MobilizationLS 148,000.00$ 48,000.00$ 19,000.00$ 19,000.00$ 10,000.00$ 10,000.00$ 21,747.75$ 21,747.75$ 16,000.00$ 16,000.00$ 43,400.00$ 43,400.00$ 17,000.00$ 17,000.00$ 69,000.48$ 69,000.48$ 2 Traffic ControlLS 140,000.00$ 40,000.00$ 43,000.00$ 43,000.00$ 44,000.00$ 44,000.00$ 20,000.00$ 20,000.00$ 8,000.00$ 8,000.00$ 43,000.00$ 43,000.00$ 35,000.00$ 35,000.00$ 37,000.00$ 37,000.00$ 3 Dust ControlLS 115,000.00$ 15,000.00$ 1,000.00$ 1,000.00$ 5,000.15$ 5,000.15$ 1,500.00$ 1,500.00$ 5,499.33$ 5,499.33$ 3,800.00$ 3,800.00$ 15,000.00$ 15,000.00$ 10,700.00$ 10,700.00$ 4EarthworkLS 125,000.00$ 25,000.00$ 76,000.00$ 76,000.00$ 41,416.75$ 41,416.75$ 500.00$ 500.00$ 33,000.00$ 33,000.00$ 99,700.00$ 99,700.00$ 15,000.00$ 15,000.00$ 52,000.00$ 52,000.00$ 5Pulverize 13" of Road Section ‐ Three Step ProcessSF 53,7121.00$ 53,712.00$ 0.69$ 37,061.28$ 0.45$ 24,170.40$ 2.50$ 134,280.00$ 1.85$ 99,367.20$ 0.70$ 37,598.40$ 2.55$ 136,965.60$ 0.81$ 43,506.72$ 6 Place 6" AC Over Pulverized Base SF 53,712 $ 4.00 $ 214,848.00 $2.82 151,467.84$ $4.30 230,961.60$ $3.00 161,136.00$ $3.55 190,677.60$ $3.00 161,136.00$ $3.10 166,507.20$ $3.10 166,507.20$ 7Crack Fill and Type II Slurry SealSF 49,3892.00$ 98,778.00$ 0.88$ 43,462.32$ 0.90$ 44,450.10$ 1.25$ 61,736.25$ 0.83$ 40,992.87$ 1.10$ 54,327.90$ 1.30$ 64,205.70$ 1.40$ 69,144.60$ 8Striping and All IncidentalsLS 130,000.00$ 30,000.00$ 37,008.56$ 37,008.56$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 40,200.00$ 40,200.00$ 20,500.00$ 20,500.00$ 25,000.00$ 25,000.00$ 39,000.00$ 39,000.00$ 525,338.00$ 408,000.00$ 419,999.00$ 420,900.00$ 433,737.00$ 463,462.30$ 474,678.50$ 486,859.00$ ItemItem DescriptionUnit Quantity Unit Price Total CostUnit PriceTotal CostUnit PriceTotal CostUnit PriceTotal CostUnit PriceTotal CostUnit PriceTotal CostUnit PriceTotal CostUnit PriceTotal Cost1Lower Sewer Manhole per CVWD StandardsEA 3800.00$ 2,400.00$ 1,000.00$ 3,000.00$ 440.00$ 1,320.00$ 500.00$ 1,500.00$ 650.00$ 1,950.00$ 988.00$ 2,964.00$ 1,000.00$ 3,000.00$ 1,040.00$ 3,120.00$ 2Raise Sewer Manhole per CVWD StandardsEA 3800.00$ 2,400.00$ 1,000.00$ 3,000.00$ 975.00$ 2,925.00$ 1,700.00$ 5,100.00$ 1,100.00$ 3,300.00$ 988.00$ 2,964.00$ 1,000.00$ 3,000.00$ 1,040.00$ 3,120.00$ 4,800.00$ 6,000.00$ 4,245.00$ 6,600.00$ 5,250.00$ 5,928.00$ 6,000.00$ 6,240.00$ ItemItem DescriptionUnit Quantity Unit Price Total CostUnit PriceTotal CostUnit PriceTotal CostUnit PriceTotal CostUnit PriceTotal CostUnit PriceTotal CostUnit PriceTotal CostUnit PriceTotal Cost1Lower Water Valve per CVWD StandardsEA 3500.00$ 1,500.00$ 1,000.00$ 3,000.00$ 440.00$ 1,320.00$ 500.00$ 1,500.00$ 775.00$ 2,325.00$ 1,000.00$ 3,000.00$ 1,150.00$ 3,450.00$ 190.00$ 570.00$ 2Raise Water Valve per CVWD StandardsEA 31,000.00$ 3,000.00$ 1,000.00$ 3,000.00$ 720.00$ 2,160.00$ 2,000.00$ 6,000.00$ 1,100.00$ 3,300.00$ 1,275.00$ 3,825.00$ 1,150.00$ 3,450.00$ 1,340.00$ 4,020.00$ 4,500.00$ 6,000.00$ 3,480.00$ 7,500.00$ 5,625.00$ 6,825.00$ 6,900.00$ 4,590.00$ 534,638.00$ 420,000.00$ 427,724.00$ 435,000.00$ 444,612.00$ 476,215.30$ 487,578.50$ 497,689.00$ 530,138.00$ 414,000.00$ 424,244.00$ 427,500.00$ 438,987.00$ 469,390.30$ 480,678.50$ 493,099.00$ 529,838.00$ 414,000.00$ 423,479.00$ 428,400.00$ 439,362.00$ 470,287.30$ 481,578.50$ 491,449.00$ 525,338.00$ 408,000.00$ 419,999.00$ 420,900.00$ 433,737.00$ 463,462.30$ 474,678.50$ 486,859.00$ Sub‐Total Bid Alternate No. 2:ATP General Engineering ContractorsMatich CorporationBase Bid OnlyBid Alternate No. 1 ‐ GeneratorSub‐Total Bid Alternate No. 1:Sub‐Total Base Bid:Grand Total Base Bid Including Alternate Nos. 1 ‐ 2 :Grand Total Base Bid Including Alternate No. 1 :Grand Total Base Bid Including Alternate No. 2 :Granite Construction CompanyOnyx Paving Company, Inc.Engineer's Estimate ‐ Base BidAll American AsphaltCalmex Engineering, Inc.Hardy & Harper, Inc.Bid Alternate No. 2 ‐ Window Shades185 186 City of La Quinta CITY COUNCIL MEETING: June 1, 2021 STAFF REPORT AGENDA TITLE: ACCEPT WASHINGTON STREET PAVEMENT REHABILITATION PROJECT NO. 2020-04, LOCATED ON WASHINGTON STREET FROM CALLE TAMPICO TO SAGEBRUSH AVENUE RECOMMENDATION Accept the Washington Street Pavement Rehabilitation Project as complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $36,439, thirty-five days after the Notice of Completion is recorded. EXECUTIVE SUMMARY •The Washington Street Pavement Rehabilitation project included grinding the existing pavement, installing a new layer of pavement, and the reconstruction of non-compliant Americans with Disabilities Act (ADA) curb ramps. •The work is complete and Council acceptance will close the contract and allow final payment. FISCAL IMPACT The following is the financial accounting for Project No. 2020-04: Original Contract Amount $ 720,000 Change Orders No. 1 - 2 $ 8,780 Final Contract Amount $728,780 Project Budget $ 960,000 Final Contract Amount ($ 728,780) Design and Professional Costs ($ 18,200) Inspection, Survey, Plans, & Other Construction Costs ($ 7,980) Anticipated Funds Remaining* $ 205,040 * All costs to date have been accounted for and no further costs are anticipated . CONSENT CALENDAR ITEM NO. 13 187 There are adequate funds to close this project; the final retention amount of $36,439 will be paid from account number 401-0000-20600. The anticipated savings ($205,255) will remain as available appropriations for this project until the completion of all phases. BACKGROUND/ANALYSIS On August 4, 2020, Council awarded a $720,000 contract to Onyx Paving Company, Inc. On September 16, 2020, a Notice to Proceed was issued with a 40-working day completion time starting on September 21, 2020 and ending on November 13, 2020. The project was deemed substantially complete on December 4, 2020. Contract Change Order No. 1 was issued to allow for additional work and lowering manholes. Contract Change Order No. 2 was issued for the assessment of 4 days of liquidated damages. The project construction effort is complete and in compliance with the plans and specifications. Staff recommends acceptance and release of the retention thirty-five days after the Notice of Completion is recorded. ALTERNATIVES Staff does not recommend an alternative. Prepared by: Carley Escarrega, Management Assistant Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachment: 1. Vicinity Map 188 *IMPORTANT* Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. © Riverside County GIS Feet Legend Notes Washington Street From Calle Tampico to Avenida Montero 0 REPORT PRINTED ON...2/21/2019 2:50:13 PM Vicinity Map FY 20/21 PMP 3,009 6,019 Blueline Streams City Areas World Street Map ATTACHMENT 1 189 190 City of La Quinta CITY COUNCIL MEETING: June 1, 2021 STAFF REPORT AGENDA TITLE: APPROVE DEMAND REGISTERS DATED MAY 14 AND 21, 2021 RECOMMENDATION Approve demand registers dated May 14, and 21, 2021. EXECUTIVE SUMMARY – None FISCAL IMPACT Demand of Cash: City 1,319,941.87$ Successor Agency of RDA -$ Housing Authority 9,865.51$ 1,329,807.38$ BACKGROUND/ANALYSIS Routine bills and payroll must be paid between Council meetings. Attachment 1 details the weekly demand registers for May 14, and 21, 2021. Warrants Issued: 204785-204849 553,720.14$ 204850-204919 238,143.45$ Voids -$ Wire Transfers 305,684.77$ Payroll Tax Transfers 41,297.73$ Payroll Direct Deposit 190,961.29$ 1,329,807.38$ CONSENT CALENDAR ITEM NO. 14 191 The most significant expenditures on the demand registers are: Vendor Account Name Amount Purpose Convergint Techologies Construction 201,035.91$ Citywide Public Safety Camera System Coachella Valley Assoc of Government TUMF Payable to CVAG 43,890.00$ 03/2021 TUMF Fees Complete Paperless Solutions Software Licenses 39,830.00$ Laserfiche Support Services Riverside County Flood Control & Water Conservation District Professional Services 38,243.17$ Whitewater NPDES Stormwater Permit ST. Francis Electric LLC Construction 36,583.17$ Washingtion St & 47 Traffic Signal Conductor Rewire Wire Transfers: Eight transfers totaled $305,685. Of this amount, $262,191 was to Landmark, and $38,488 was to CalPERS. (See Attachment 2 for a complete listing). Investment Transactions: There was no investment activity during this period. ALTERNATIVES Council may approve, partially approve, or reject the demand registers. Prepared by: Jesse Batres, Account Technician Approved by: Rosemary Hallick, Financial Services Analyst Attachments: 1. Demand Registers 2.Wire Transfers 192 5/21/2021 11:35:41 AM Page 1 of 6 Demand RegisterCity of La Quinta Packet: APPKT02784 - 05/14/2021 JB AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 101 - GENERAL FUND 248.75Professional Services04/01-06/30/21 - MUNICIPAL CODIFICATI…204818MUNICODE 101-1005-60103 302.03Maintenance/Services05/04/21 - FS #32 KITCHEN FAUCET204806FERGUSON ENTERPRISES, INC 101-2002-60691 525.00Map/Plan Checking03/2021 - DESERT CLUB ONCALL PW MAP …204849WILLDAN 101-7002-60183 2,117.64TOT - Short Term Vac. Rentals04/28/21 - REFUND TOT REFUND204832SETCHIM, DAVID 101-0000-41401 114.32Cable/Internet - Utilities04/24-05/23/21 - FS #93 CABLE (2414)204839TIME WARNER CABLE 101-2002-61400 2,603.93SMIP Fees Payable01/01-03/31/21 - SEISMIC HAZARD MAPP…204801DEPARTMENT OF CONSERVAT…101-0000-20308 -130.20SMIP Fees01/01-03/31/21 - SEISMIC HAZARD MAPP…204801DEPARTMENT OF CONSERVAT…101-0000-42610 5,493.75Professional Services04/08-05/06/21 - CLERK'S OFFICE ASSIST…204816MAYSELS, SUSAN MULLIN 101-1005-60103 1,500.00Administrative Citations05/10/21 - CITATION REFUND LIC LQ1610…204815LEONARD KINCHIU LAM OR Y…101-0000-42700 22,507.00MSHCP Mitigation Fee03/2021 - MSHCP FEES204795COACHELLA VALLEY CONSERV…101-0000-20310 -225.07CVMSHCP Admin Fee03/2021 - CVMSHCP ADMIN FEE204795COACHELLA VALLEY CONSERV…101-0000-43631 99.99Cable/Internet - Utilities05/03-06/02/21 - FS #93 INTERNET (3514)204839TIME WARNER CABLE 101-2002-61400 99.99Cable/Internet - Utilities04/29-05/28/21 - FS #32 INTERNET (6491)204839TIME WARNER CABLE 101-2002-61400 381.94Professional Services03/31-05/31/21 - ARMORED SERVICE204808GARDAWORLD 101-1006-60103 165.00Consultants/Employee Services04/21/21 - DMV DOT PHYSICAL204804EISENHOWER OCCUPATIONAL…101-1004-60104 95.00Recruiting/Pre-Employment04/20/21 - PRE-EMPLOYMENT PHYSICAL204804EISENHOWER OCCUPATIONAL…101-1004-60129 2,100.00Marketing & Tourism Promoti…04/21-05/18/21 - AIRPORT DIGITAL BILLB…204837THE LAMAR COMPANIES 101-3007-60461 2,750.00Marketing & Tourism Promoti…04/28-05/25/21 - DIGITAL BILLBOARD204837THE LAMAR COMPANIES 101-3007-60461 1,695.75Telephone - Utilities04/23-05/22/21 - EOC PHONE LINE SVC204841TPX COMMUNICATIONS 101-2002-61300 116.21Citywide Conf Room Supplies03/24/21 & 04/07/21 - CITY WIDE DRINKI…204834SPARKLETTS 101-1007-60403 39.76Office Supplies04/14/21 - FOLDERS & PENS204822OFFICE DEPOT 101-1004-60400 225.00Maintenance/Services04/01/21 - FS #70 CARPET CLEANING204785ACE CARPET CLEANING 101-2002-60691 350.00Maintenance/Services04/13/21 - FS #93 CARPET CLEANING204785ACE CARPET CLEANING 101-2002-60691 356.00Consultants/Employee Services03/2021 - EAP SERVICES204848WELLNESS WORKS 101-1004-60104 360.00Consultants/Employee Services04/2021 - EAP SERVICES204848WELLNESS WORKS 101-1004-60104 4,000.00Marketing & Tourism Promoti…05/2021 - GRAPHIC DESIGN RETAINER204788ARK CONNECTS LLC 101-3007-60461 4,000.00Marketing & Tourism Promoti…06/2021 - GRAPHIC DESIGN RETAINER204788ARK CONNECTS LLC 101-3007-60461 2,500.00Marketing & Tourism Promoti…05/2021 - PRINT AD204817MODERN LUXURY 101-3007-60461 205.51Materials/Supplies04/13/21 - 5 GALLON WATER JUGS204835STAPLES ADVANTAGE 101-3005-60431 205.50Materials/Supplies04/13/21 - 5 GALLON WATER JUGS204835STAPLES ADVANTAGE 101-3008-60431 19.01Office Supplies04/29/21 - MOUSE PAD & DRY ERASE MA…204835STAPLES ADVANTAGE 101-7001-60400 137.63Annual Permits/InspectionsFY 20/21 - C.H AQMD FEE204833SOUTH COAST AIR QUALITY M…101-3008-60196 137.63Annual Permits/InspectionsFY 20/21 - WC AQMD FEE204833SOUTH COAST AIR QUALITY M…101-3008-60196 290.00Map/Plan Checking04/28/21 - LAD 2021-0001 ONCALL MAP …204829RASA/ERIC NELSON 101-7002-60183 160.00Map/Plan Checking05/05/21 - LLA 2021-0002 ONCALL MAP C…204829RASA/ERIC NELSON 101-7002-60183 1,190.65Fritz Burns Pool Maintenance02/26/21 - FB POOL HEATER REPAIR204847WATERLINE TECHNOLOGIES, I…101-3005-60184 4,120.00Professional Services05/2021 - STVR CONTRACT SERVICES204819MUNIREVS INC 101-6006-60103 771.42Temporary Agency Services04/02/21 - TEMP AGENCY SVCS T.SUDAKO…204823OFFICE TEAM 101-6006-60125 1,332.00Professional Services04/16/21 - TEMP AGENCY SVCS G.HU204831ROBERT HALF TECHNOLOGY 101-6002-60103 1,332.00Professional Services04/09/21 - TEMP AGENCY SVCS G.HU204831ROBERT HALF TECHNOLOGY 101-6002-60103 1,332.00Professional Services04/02/21 - TEMP AGENCY SVCS G.HU204831ROBERT HALF TECHNOLOGY 101-6002-60103 1,332.00Professional Services04/23/21 - TEMP AGENCY SVCS G.HU204831ROBERT HALF TECHNOLOGY 101-6002-60103 1,332.00Professional Services04/30/21 - TEMP AGENCY SVCS G.HU204831ROBERT HALF TECHNOLOGY 101-6002-60103 1,155.84Temporary Agency Services04/30/21 - TEMP AGENCY SVCS M.GONZA…204831ROBERT HALF TECHNOLOGY 101-6006-60125 578.57Temporary Agency Services04/30/21 - TEMP AGENCY SVCS T.SUDAKO…204823OFFICE TEAM 101-6006-60125 6,900.00Maintenance/Services05/04/21 - RESURFACE BASKETBALL COUR…204799COURTMASTER SPORTS, INC.101-3005-60691 37.14Postage04/22/21 - OVERNIGHT MAIL204805FEDEX 101-1007-60470 1,100.00Blood/Alcohol Testing03/18-04/11/21 - BLOOD/ALCOHOL ANAL…204787AMERICAN FORENSIC NURSES …101-2001-60174 35,947.30Marketing & Tourism Promoti…04/2021 INVOICES & 05/2021 RETAINER204813JNS MEDIA SPECIALISTS 101-3007-60461 275.00Operating Supplies04/2021 - FITNESS EQUIPMENT MAINTEN…204825PAX FITNESS REPAIR 101-3002-60420 -10.52Telephone - Utilities03/11-04/10/21 - LQ POLICE TICKETWRITE…204844VERIZON WIRELESS 101-2001-61300 877.59Telephone - Utilities03/26-04/25/21 - LQPD CELL (6852)204844VERIZON WIRELESS 101-2001-61300 78.28Gas - Utilities03/30/21-04/28/21 - FS #93 GAS SVC204836THE GAS COMPANY 101-2002-61100 ATTACHMENT 1 193 Demand Register Packet: APPKT02784 - 05/14/2021 JB 5/21/2021 11:35:41 AM Page 2 of 6 AmountVendor Name Payment Number Description (Item)Account Name Account Number 91.08Credit Card Fees04/30/21 - FINANCE CHARGE204789BANK OF THE WEST 101-1006-60122 65.24Operating Supplies04/19/21 - LAPTOP STAND204789BANK OF THE WEST 101-1004-60420 150.00Membership Dues05/01-04/30/22 - GFOA MEMBERSHIP C.…204789BANK OF THE WEST 101-1006-60351 220.71Operating Supplies04/27/21 - POLICE CELL CHARGER ADAPT…204789BANK OF THE WEST 101-2001-60420 412.06Operating Supplies04/15/21 - POLICE ITEMS204789BANK OF THE WEST 101-2001-60420 71.73Community Experiences04/08/21 - MARKING APPLICATOR WANDS…204789BANK OF THE WEST 101-3003-60149 32.29Community Experiences04/08/21 - GIANT SCISSORS & RIBBON SET204789BANK OF THE WEST 101-3003-60149 87.99Membership Dues04/05/21 - MAILCHIMP204789BANK OF THE WEST 101-3007-60351 108.67Operating Supplies04/21/21 - TRIPOD STAND & MICROPHONE204789BANK OF THE WEST 101-3007-60420 0.99Marketing & Tourism Promoti…04/22/21 - ICLOUD STORAGE K.CAMARENA204789BANK OF THE WEST 101-3007-60461 14.99Marketing & Tourism Promoti…04/10/21 - APPLE MUSIC SUBSCRIPTION M…204789BANK OF THE WEST 101-3007-60461 304.44Office Supplies04/20/21 - DESK LAMPS (4)204789BANK OF THE WEST 101-6001-60400 169.00Travel & Training04/12/21 - TRAINING CLASS D.ARMENDAR…204789BANK OF THE WEST 101-1006-60320 150.00Membership Dues04/20/21 - GFOA MEMBERSHIP K.BLONDE…204789BANK OF THE WEST 101-1006-60351 39.00Community Experiences03/31/21 - MINI MUFFINS204789BANK OF THE WEST 101-3003-60149 1,795.00Travel & Training04/28/21 - TRAINING COURSE K.CAMARE…204789BANK OF THE WEST 101-3007-60320 900.00Travel & Training04/05/21 - TRAINING COURSE T.FLORES204789BANK OF THE WEST 101-6002-60320 81.73Travel & Training04/03/21 - OFFICE MEETINGS204789BANK OF THE WEST 101-1001-60320 101.05Travel & Training04/21/21 - COUNCIL MEETING DINNER204789BANK OF THE WEST 101-1001-60320 -21.20Operating Supplies04/01/21 - RETURN204789BANK OF THE WEST 101-6006-60420 25.00Travel & Training06/01-06/04/21 - CCAC WORKSHOP L.MC…204789BANK OF THE WEST 101-1005-60320 172.40Postage04/14/21 - MAIL PROCESSING204789BANK OF THE WEST 101-1007-60470 129.75Postage04/12/21 - MAIL PROCESSING204789BANK OF THE WEST 101-1007-60470 43.41Maintenance/Services05/04/21 - KEYS FOR FS #32 (2415)204838THE LOCK SHOP, INC 101-2002-60691 7.11Materials/Supplies05/06/21 - KEYS204838THE LOCK SHOP, INC 101-3005-60431 644.91Electricity - Utilities05/05/21 - ELECTRICITY SERVICE204812IMPERIAL IRRIGATION DIST 101-2002-61101 13.06Electric - Monticello Park - Utili…05/05/21 - ELECTRICITY SERVICE204812IMPERIAL IRRIGATION DIST 101-3005-61102 12.34Electric - Colonel Paige - Utiliti…05/05/21 - ELECTRICITY SERVICE204812IMPERIAL IRRIGATION DIST 101-3005-61108 4,326.33Electric - Community Park - Util…05/05/21 - ELECTRICITY SERVICE204812IMPERIAL IRRIGATION DIST 101-3005-61109 39.92Electric - Adams Park - Utilities05/05/21 - ELECTRICITY SERVICE204812IMPERIAL IRRIGATION DIST 101-3005-61110 13.06Electric - Desert Pride - Utilities05/05/21 - ELECTRICITY SERVICE204812IMPERIAL IRRIGATION DIST 101-3005-61114 38,243.17Professional ServicesFY 20/21 WHITEWATER NPDES COST SHAR…204830RIVERSIDE COUNTY FLOOD C…101-7002-60103 954.00HVAC03/25/21 - CH HVAC MAINTENANCE204824PACIFIC WEST AIR CONDITION…101-3008-60667 1,212.63Cable/Internet - Utilities04/26-05/25/21 - POLICE INTERNET204807FRONTIER COMMUNICATIONS…101-2001-61400 48.57Telephone - Utilities05/2021 - LQ PARK PHONE204807FRONTIER COMMUNICATIONS…101-3005-61300 89.66Cable/Internet - Utilities04/22-05/21/21 - EOC CABLE204803DISH NETWORK 101-2002-61400 38.39Telephone - Utilities04/28-05/27/21 - SPORT COMPLEX PHONE204807FRONTIER COMMUNICATIONS…101-3005-61300 240.00Fritz Burns Pool Maintenance05/2021 - FB POOL MONITORING AND C…204821OCEAN SPRINGS TECH INC 101-3005-60184 145.00LQ Park Water Feature04/30/21 - LQ PARK WATER FEATURE REP…204821OCEAN SPRINGS TECH INC 101-3005-60554 80.00Leisure Enrichment05/04/21 - FITNESS CLASS REFUND204814LANAHAN, JEAN 101-0000-42200 16.02Materials/Supplies04/27/21 - ELECTRICAL SUPPLIES204846WALTERS WHOLESALE ELECTR…101-3008-60431 Fund 101 - GENERAL FUND Total:166,497.84 Fund: 201 - GAS TAX FUND 59.50Materials/Supplies05/01/21 - DIG ALERT FEES204843UNDERGROUND SERVICE ALERT 201-7003-60431 37.73Materials/Supplies03/20-04/20/21 - CYLINDER RENTAL204827PRAXAIR INC 201-7003-60431 23.15Materials/Supplies05/01/21 - CA STATE FEE204843UNDERGROUND SERVICE ALERT 201-7003-60431 Fund 201 - GAS TAX FUND Total:120.38 Fund: 202 - LIBRARY & MUSEUM FUND 8,900.00Maintenance/Services04/30/21 - MUSEUM CARPET INSTALLATI…204792CARPET EMPIRE PLUS 202-3006-60691 Fund 202 - LIBRARY & MUSEUM FUND Total:8,900.00 Fund: 215 - LIGHTING & LANDSCAPING FUND 1,582.31Materials/Supplies05/04/21 - PLANTS204791C.V CACTUS NURSERY 215-7004-60431 326.25Materials/Supplies05/04/21 - PLANTS204791C.V CACTUS NURSERY 215-7004-60431 4,500.00Maintenance/Services05/03/21 - REPAIRS TO RETAINING PLANT…204802DESERT CONCEPTS CONSTRUC…215-7004-60691 4,750.00Maintenance/Services04/30/21 - REPAIRS TO GUARD RAIL204802DESERT CONCEPTS CONSTRUC…215-7004-60691 211.12Materials/Supplies05/05/21 - IRRIGATION SUPPLIES204811HIGH TECH IRRIGATION INC 215-7004-60431 8,400.00Maintenance/Services04/29/21 - PLANT REPLACEMENT AT AVE …204828PWLC II, INC 215-7004-60691 2,053.67Materials/Supplies04/29/21 - LANDSCAPE ROCK204842TRI-STATE MATERIALS INC 215-7004-60431 2,064.49Materials/Supplies04/30/21 - LANDSCAPE ROCK204842TRI-STATE MATERIALS INC 215-7004-60431 194 Demand Register Packet: APPKT02784 - 05/14/2021 JB 5/21/2021 11:35:41 AM Page 3 of 6 AmountVendor Name Payment Number Description (Item)Account Name Account Number 1,883.55Materials/Supplies05/03/21 - LANDSCAPE ROCK204842TRI-STATE MATERIALS INC 215-7004-60431 200.10Safety Gear04/14/21 - COOLERS (6)204789BANK OF THE WEST 215-7004-60427 50.00Travel & Training04/2021 H2O EFFICNT LNDSCP CLASS A.A…204789BANK OF THE WEST 215-7004-60320 50.00Travel & Training04/2021 H2O EFFICNT LNDSCP CLASS A.C…204789BANK OF THE WEST 215-7004-60320 50.00Travel & Training04/2021 H2O EFFICNT LNDSCP CLASS R.SE…204789BANK OF THE WEST 215-7004-60320 50.00Travel & Training04/2021 H2O EFFICNT LNDSCP CLASS A.R…204789BANK OF THE WEST 215-7004-60320 50.00Travel & Training04/2021 H2O EFFICNT LNDSCP CLASS B.TE…204789BANK OF THE WEST 215-7004-60320 50.00Travel & Training04/2021 H2O EFFICNT LNDSCP CLASS D.H…204789BANK OF THE WEST 215-7004-60320 5.35Materials/Supplies04/19/21 - MATERIALS204789BANK OF THE WEST 215-7004-60431 2,569.45Electric - Utilities05/05/21 - ELECTRICITY SERVICE204812IMPERIAL IRRIGATION DIST 215-7004-61116 986.87Electric - Medians - Utilities05/05/21 - ELECTRICITY SERVICE204812IMPERIAL IRRIGATION DIST 215-7004-61117 183.35Water - Medians - Utilities05/05/21 - WATER SERVICE204796COACHELLA VALLEY WATER DI…215-7004-61211 134.69Materials/Supplies03/11/21 - PLANTS204845VINTAGE ASSOCIATES 215-7004-60431 80.81Materials/Supplies03/18/2021 - PLANTS204845VINTAGE ASSOCIATES 215-7004-60431 Fund 215 - LIGHTING & LANDSCAPING FUND Total:30,232.01 Fund: 221 - AB 939 - CALRECYCLE FUND 661.30AB 939 Recycling Solutions04/15/21 - SHRED204789BANK OF THE WEST 221-0000-60127 Fund 221 - AB 939 - CALRECYCLE FUND Total:661.30 Fund: 224 - TUMF FUND 43,890.00TUMF Payable to CVAG03/2021 - TUMF FEES204794COACHELLA VALLEY ASSOC OF…224-0000-20320 Fund 224 - TUMF FUND Total:43,890.00 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS 3,287.50Design04/12/21 - GHD VILLAGE COMPLETE STRE…204809GHD INC.401-0000-60185 -10,580.84Retention Payable04/28/21 - 2020-03 RETENTION PAYMENT…204798CONVERGINT TECHNOLOGIES …401-0000-20600 211,616.75Construction04/28/21 - 2020-03 PROGRESS PAYMENT …204798CONVERGINT TECHNOLOGIES …401-0000-60188 218.55Construction04/28/21 - 2020-01 PRE BID DOCS204826PLANIT REPROGRAPHICS SYST…401-0000-60188 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:204,541.96 Fund: 501 - FACILITY & FLEET REPLACEMENT 2,658.75City Bldg Repl/Repair02/24/21 - CIRCUITS FOR LQ PARK HAND …204810H&G HOME IMPROVEMENTS I…501-0000-71103 3,432.43Fuel & Oil04/01-04/15/21 - FUEL204840TOWER ENERGY GROUP 501-0000-60674 3,945.55Fuel & Oil04/16-04/30/21 - FUEL204840TOWER ENERGY GROUP 501-0000-60674 130.00Fuel & Oil04/22/21 - FUEL204789BANK OF THE WEST 501-0000-60674 Fund 501 - FACILITY & FLEET REPLACEMENT Total:10,166.73 Fund: 502 - INFORMATION TECHNOLOGY 171.62Cable/Internet - Utilities05/2021 - C.H CABLE (4625)204839TIME WARNER CABLE 502-0000-61400 250.38Cable/Internet - Utilities04/24-05/23/21 - WC CABLE (4601)204839TIME WARNER CABLE 502-0000-61400 4,395.83Computers03/16/21 - IT EQUIPTMENT204800DELL MARKETING LP 502-0000-80103 439.99Machinery & Equipment05/06/21 - MONITOR FOR M.SALAS204820NEWEGG BUSINESS INC.502-0000-80100 3,123.22Telephone - Utilities04/23-05/22/21 - PHONE LINE204841TPX COMMUNICATIONS 502-0000-61300 36,510.83Prepaid Expense04/27/21 - LASERFICHE SUPPORT SERVICES204797COMPLETE PAPERLESS SOLUTI…502-0000-13600 3,319.17Software Licenses04/27/21 - LASERFICHE SUPPORT SERVICES204797COMPLETE PAPERLESS SOLUTI…502-0000-60301 25,020.00Consultants05/2021 - IT SERVICES204786ACORN TECHNOLOGY SERVICES 502-0000-60104 4,742.50Consultants04/2021 - DRUVA INSYNC CLOUD LICENSE…204786ACORN TECHNOLOGY SERVICES 502-0000-60104 3,350.00Public Works, Software Enhan…05/2021 - TRAFFIC SERVER MAINTENANCE204786ACORN TECHNOLOGY SERVICES 502-0000-71048 1,153.40Cell/Mobile Phones04/02-05/01/21 - CITY IPADS (5587)204844VERIZON WIRELESS 502-0000-61301 2,029.30Cell/Mobile Phones04/02-05/01/21 - CITY CELL SVC (5496)204844VERIZON WIRELESS 502-0000-61301 50.00Software Licenses04/13-05/13/21 - BASECAMP M.GRAHAM204789BANK OF THE WEST 502-0000-60301 594.00Software Licenses04/21/21 - IT FILE SHARING SUBSCRIPTION204789BANK OF THE WEST 502-0000-60301 0.99Software Licenses04/14/21 - ICLOUD STORGE M.GRAHAM204789BANK OF THE WEST 502-0000-60301 652.40Machinery & Equipment04/05/21 - IT SUPPLIES204789BANK OF THE WEST 502-0000-80100 402.37Machinery & Equipment04/15/21 - AMPLIFIER FOR CHAMBER204789BANK OF THE WEST 502-0000-80100 14.99Software Licenses04/07/21 - HOMEBASE ADOBE J.DELGADO204789BANK OF THE WEST 502-0000-60301 745.00Software Licenses04/19/21 - MANAGEENGINE FILE AUDIT S…204789BANK OF THE WEST 502-0000-60301 60.48D & D, Software Enhancements04/21-05/21-21 - UBIQ SUBSCRIPTION M.…204789BANK OF THE WEST 502-0000-71042 771.34Machinery & Equipment05/06/21 - IT EQUIPMENT M.GONZALEZ204793CDW GOVERNMENT INC 502-0000-80100 85.98Cable/Internet - Utilities04/25-05/24/21 - C.H INTERNET204807FRONTIER COMMUNICATIONS…502-0000-61400 75.98Cable/Internet - Utilities04/27-05/26/21 - BLACKHAWK/LQ PARK D…204807FRONTIER COMMUNICATIONS…502-0000-61400 195 Demand Register Packet: APPKT02784 - 05/14/2021 JB 5/21/2021 11:35:41 AM Page 4 of 6 AmountVendor Name Payment Number Description (Item)Account Name Account Number 91.86Cable/Internet - Utilities04/26-05/25/21 - C.H DSL204807FRONTIER COMMUNICATIONS…502-0000-61400 Fund 502 - INFORMATION TECHNOLOGY Total:88,051.63 Fund: 504 - INSURANCE FUND 69.32Operating Supplies04/14/21 - ERGO ASSES FOOTREST204822OFFICE DEPOT 504-1010-60420 -89.27Operating Supplies04/21/21 - ERGO ASSESSMENT FOOTREST…204822OFFICE DEPOT 504-1010-60420 Fund 504 - INSURANCE FUND Total:-19.95 Fund: 601 - SILVERROCK RESORT 648.65Bank Fees05/2021 - SRR ARMORED SVC204808GARDAWORLD 601-0000-60455 29.59Bank Fees04/2021 - SRR ARMORED SVC204808GARDAWORLD 601-0000-60455 Fund 601 - SILVERROCK RESORT Total:678.24 Grand Total:553,720.14 196 Demand Register Packet: APPKT02784 - 05/14/2021 JB 5/21/2021 11:35:41 AM Page 5 of 6 Fund Summary Fund Expense Amount 101 - GENERAL FUND 166,497.84 201 - GAS TAX FUND 120.38 202 - LIBRARY & MUSEUM FUND 8,900.00 215 - LIGHTING & LANDSCAPING FUND 30,232.01 221 - AB 939 - CALRECYCLE FUND 661.30 224 - TUMF FUND 43,890.00 401 - CAPITAL IMPROVEMENT PROGRAMS 204,541.96 501 - FACILITY & FLEET REPLACEMENT 10,166.73 502 - INFORMATION TECHNOLOGY 88,051.63 504 - INSURANCE FUND -19.95 601 - SILVERROCK RESORT 678.24 Grand Total:553,720.14 Account Summary Account Number Account Name Expense Amount 101-0000-20308 SMIP Fees Payable 2,603.93 101-0000-20310 MSHCP Mitigation Fee 22,507.00 101-0000-41401 TOT - Short Term Vac. Ren…2,117.64 101-0000-42200 Leisure Enrichment 80.00 101-0000-42610 SMIP Fees -130.20 101-0000-42700 Administrative Citations 1,500.00 101-0000-43631 CVMSHCP Admin Fee -225.07 101-1001-60320 Travel & Training 182.78 101-1004-60104 Consultants/Employee Se…881.00 101-1004-60129 Recruiting/Pre-Employme…95.00 101-1004-60400 Office Supplies 39.76 101-1004-60420 Operating Supplies 65.24 101-1005-60103 Professional Services 5,742.50 101-1005-60320 Travel & Training 25.00 101-1006-60103 Professional Services 381.94 101-1006-60122 Credit Card Fees 91.08 101-1006-60320 Travel & Training 169.00 101-1006-60351 Membership Dues 300.00 101-1007-60403 Citywide Conf Room Suppl…116.21 101-1007-60470 Postage 339.29 101-2001-60174 Blood/Alcohol Testing 1,100.00 101-2001-60420 Operating Supplies 632.77 101-2001-61300 Telephone - Utilities 867.07 101-2001-61400 Cable/Internet - Utilities 1,212.63 101-2002-60691 Maintenance/Services 920.44 101-2002-61100 Gas - Utilities 78.28 101-2002-61101 Electricity - Utilities 644.91 101-2002-61300 Telephone - Utilities 1,695.75 101-2002-61400 Cable/Internet - Utilities 403.96 101-3002-60420 Operating Supplies 275.00 101-3003-60149 Community Experiences 143.02 101-3005-60184 Fritz Burns Pool Maintena…1,430.65 101-3005-60431 Materials/Supplies 212.62 101-3005-60554 LQ Park Water Feature 145.00 101-3005-60691 Maintenance/Services 6,900.00 101-3005-61102 Electric - Monticello Park -…13.06 101-3005-61108 Electric - Colonel Paige - U…12.34 101-3005-61109 Electric - Community Park …4,326.33 101-3005-61110 Electric - Adams Park - Util…39.92 101-3005-61114 Electric - Desert Pride - Uti…13.06 101-3005-61300 Telephone - Utilities 86.96 101-3007-60320 Travel & Training 1,795.00 101-3007-60351 Membership Dues 87.99 101-3007-60420 Operating Supplies 108.67 197 Demand Register Packet: APPKT02784 - 05/14/2021 JB 5/21/2021 11:35:41 AM Page 6 of 6 Account Summary Account Number Account Name Expense Amount 101-3007-60461 Marketing & Tourism Pro…51,313.28 101-3008-60196 Annual Permits/Inspectio…275.26 101-3008-60431 Materials/Supplies 221.52 101-3008-60667 HVAC 954.00 101-6001-60400 Office Supplies 304.44 101-6002-60103 Professional Services 6,660.00 101-6002-60320 Travel & Training 900.00 101-6006-60103 Professional Services 4,120.00 101-6006-60125 Temporary Agency Servic…2,505.83 101-6006-60420 Operating Supplies -21.20 101-7001-60400 Office Supplies 19.01 101-7002-60103 Professional Services 38,243.17 101-7002-60183 Map/Plan Checking 975.00 201-7003-60431 Materials/Supplies 120.38 202-3006-60691 Maintenance/Services 8,900.00 215-7004-60320 Travel & Training 300.00 215-7004-60427 Safety Gear 200.10 215-7004-60431 Materials/Supplies 8,342.24 215-7004-60691 Maintenance/Services 17,650.00 215-7004-61116 Electric - Utilities 2,569.45 215-7004-61117 Electric - Medians - Utiliti…986.87 215-7004-61211 Water - Medians - Utilities 183.35 221-0000-60127 AB 939 Recycling Solutions 661.30 224-0000-20320 TUMF Payable to CVAG 43,890.00 401-0000-20600 Retention Payable -10,580.84 401-0000-60185 Design 3,287.50 401-0000-60188 Construction 211,835.30 501-0000-60674 Fuel & Oil 7,507.98 501-0000-71103 City Bldg Repl/Repair 2,658.75 502-0000-13600 Prepaid Expense 36,510.83 502-0000-60104 Consultants 29,762.50 502-0000-60301 Software Licenses 4,724.15 502-0000-61300 Telephone - Utilities 3,123.22 502-0000-61301 Cell/Mobile Phones 3,182.70 502-0000-61400 Cable/Internet - Utilities 675.82 502-0000-71042 D & D, Software Enhance…60.48 502-0000-71048 Public Works, Software E…3,350.00 502-0000-80100 Machinery & Equipment 2,266.10 502-0000-80103 Computers 4,395.83 504-1010-60420 Operating Supplies -19.95 601-0000-60455 Bank Fees 678.24 Grand Total:553,720.14 Project Account Summary Project Account Key Expense AmountProject Account Name Project Name **None**289,305.10**None****None** 151603D 3,287.50Design Expense La Quinta Village Complete St-ATPSBIL-5433(020) 201804E 21,486.89Landscape & Lighting Median Island …Landscape & Lighting Median Island Improvements 202001CT 218.55Construction Expense Monroe Street Pavement Rehab (Ave 52, Ave 53) 202003CT 211,616.75Construction Expense Citywide Public Safety Camera System 202003RP -10,580.84Retention Payable Citywide Public Safety Camera System CSA152E 38,243.17CSA 152 Expenses CSA 152 Project Tracking PILQE 39.00Pillars of the Community Expense Pillars of the Community SRRE 104.02SilverRock Events Expense SilverRock Events Grand Total:553,720.14 198 5/21/2021 11:35:10 AM Page 1 of 6 Demand Register City of La Quinta Packet: APPKT02792 - 05/21/21 JB AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 101 - GENERAL FUND 853.10Professional Services05/2021 STVR HOTLINE & 04/2021 ADDIT…204856CENTRAL COMMUNICATIONS 101-6004-60103 42.00United Way DeductionsCONTRIBUTION204908UNITED WAY OF THE DESERT 101-0000-20981 -210.79Sales Taxes Payable05/12/21 - FS #32 LOCKERS SALES TAX204871GEARGRID LLC 101-0000-20304 3,167.79Fire Station05/12/21 - FS #32 LOCKERS204871GEARGRID LLC 101-2002-60670 9,072.00Contract Traffic Engineer03/02-04/01/21 - ONCALL TRAFFIC ENGIN…204916WILLDAN 101-7006-60144 660.00Plan Checks03/2021 - ON CALL PLAN REVIEW204865ESGIL CORPORATION 101-6003-60118 82.82Maintenance/Services05/06/21 - FS #32 SINK REPAIR MATERIALS204867FERGUSON ENTERPRISES, INC 101-2002-60691 184.83Maintenance/Services05/06/21 - FS #32 REBUILDING KITS204867FERGUSON ENTERPRISES, INC 101-2002-60691 4,718.75Plan Checks01/2021 ONCALL BLDG PLAN REVEIW & IN…204877INTERWEST CONSULTING GR…101-6003-60118 130.00Membership Dues02/17/21 - MEMBERSHIP TO 03/31/22 T.F…204876IIMC 101-6001-60351 4,075.00Plan Checks02/2021 ONCALL BLDG PLAN REVIEW & IN…204877INTERWEST CONSULTING GR…101-6003-60118 10.56Cable/Internet - Utilities05/05-06/04/21 - FS #32 CABLE (1841)204904TIME WARNER CABLE 101-2002-61400 504.00Instructors04/08/21 - PILATES CLASS204917WILLIAMS, BILLEE 101-3002-60107 150.00Recruiting/Pre-Employment04/27/21 - PRE-EMPLOYMENT PHYSICAL204890PHYSICIANS MEDICAL URGENT…101-1004-60129 226.80Instructors05/14/21 - LINE DANCING CLASS204895SHIRY, TERESA 101-3002-60107 25.00Instructors05/14/21 - STRETCH & RESTORE CLASS204880JOHNSON, KAREN T. PAYNE 101-3002-60107 168.00Instructors05/14/21 - PILATES CLASS204917WILLIAMS, BILLEE 101-3002-60107 336.00Instructors05/14/2021 - YOGA CLASS204859CORTEZ, ELISABETH 101-3002-60107 140.00Instructors05/14/21 - TAI CHI CHUAN CLASS204883MEDEIROS, JOYCELEEN 101-3002-60107 159.60Instructors05/14/21 - ESSENTIAL FITNESS CLASS204894RUDY, LORI A 101-3002-60107 50.40Instructors05/14/21 - EVENING YOGA CLASS204859CORTEZ, ELISABETH 101-3002-60107 112.00Instructors05/14/21 - ESSENTIAL FITNESS CLASS204894RUDY, LORI A 101-3002-60107 30.00Instructors05/14/21 - SCULPT FIT CORE CLASS SRR E…204880JOHNSON, KAREN T. PAYNE 101-3002-60107 200.00Instructors05/14/21 - STRETCH & RESTORE CLASS204880JOHNSON, KAREN T. PAYNE 101-3002-60107 25.00Instructors05/14/21 - STRETCH & RESTORE CLASS EX…204880JOHNSON, KAREN T. PAYNE 101-3002-60107 240.00Instructors05/14/21 - SCULPT FIT CORE CLASS204880JOHNSON, KAREN T. PAYNE 101-3002-60107 943.65Administrative Citation Services08/2020 - POLICE CITATION PROCESSING204860DATA TICKET, INC.101-6004-60111 580.00Maintenance/Services04/30/21 - C.H LOBBY ENTRY DOOR REPAIR204864DOOR TECH, LLC 101-3008-60691 32.61Office Supplies09/21/20 - DIGITAL RECORDER204886OFFICE DEPOT 101-6004-60400 1,091.81Administrative Citation Services03/2021 - POLICE CITATION PROCESSING204860DATA TICKET, INC.101-6004-60111 155.72Operating Supplies04/21-05/12/21 - DRINKING WATER204899SPARKLETTS 101-7003-60420 5,265.00Plan Checks04/2021 - ONCALL PLAN REVIEW204875HR GREEN PACIFIC INC 101-6003-60118 3,150.00Contract Services - Administrat…06/2021 - LOBBYIST SERVICES204879JOE A GONSALVES & SON 101-1002-60101 -688.80Sales Taxes Payable09/17/19 - RECLASS TO 101-2002-60670204871GEARGRID LLC 101-0000-20304 688.80Fire Station09/17/19 - RECLASS FROM 101-0000-203…204871GEARGRID LLC 101-2002-60670 648.00Mobile/Cell Phones/Satellites05/2021-04/2022 - EMERGENCY MGMT R…204851ANDERSON COMMUNICATION…101-2002-61304 129.05Recruiting/Pre-Employment04/01-05/01/21 - PRE-EMPLOYMENT BAC…204878IRC CORPORATION 101-1004-60129 35.84Professional Services04/2021 - ARMORED SVC204870GARDAWORLD 101-1006-60103 152.89PM 10 - Dust Control04/12-05/09/21 - PM 10 ANSWERING SVC204852ANSAFONE CONTACT CENTERS 101-7006-60146 73.83Printing05/12/21 - MARKETING SUPPLEMENTAL R…204918XPRESS GRAPHICS 101-3007-60410 24.46Office Supplies05/05/21 - OFFICE SUPPLIES204901STAPLES ADVANTAGE 101-1004-60400 11.73Office Supplies05/05/21 - OFFICE SUPPLIES204901STAPLES ADVANTAGE 101-3001-60400 1,114.56Temporary Agency Services05/07/21 - TEMP AGENCY SERVICES M.G…204892ROBERT HALF TECHNOLOGY 101-6006-60125 1,332.00Professional Services05/07/21 - TEMP AGENCY SERVICES G.HU204892ROBERT HALF TECHNOLOGY 101-6002-60103 578.57Temporary Agency Services05/07/21 - TEMP AGENCY SERVICES T.SU…204887OFFICE TEAM 101-6006-60125 2,612.81Materials/Supplies04/08/21 - PALM TREES204914W.D. YOUNG & SONS 101-3005-60431 875.00Maintenance/Services05/11/21 - PARK BATHROOM MAINTENA…204893ROTO ROOTER PLUMBERS INC 101-3008-60691 711.00Maintenance/Services05/14/21 - ELECTRICAL REPAIRS AT SPOR…204913VINTAGE E & S INC 101-3005-60691 125.00Maintenance/Services05/05/21 - FS #32 DOOR REPAIR204889PATTON DOOR & GATE 101-2002-60691 413.25Maintenance/Services04/29/21 - FS #32 AIR COMPRESSOR REPA…204850AIR EXCHANGE, INC 101-2002-60691 15,542.96Animal Shelter Contract Service02/2021 - ANIMAL SERVICES204861DEPARTMENT OF ANIMAL SER…101-6004-60197 14,018.42Animal Shelter Contract Service03/2021 - ANIMAL SERVICES204861DEPARTMENT OF ANIMAL SER…101-6004-60197 154.36Operating Supplies04/15/21 - JUMBER CABLES & BAG204873HOME DEPOT CREDIT SERVICES 101-2001-60420 199 Demand Register Packet: APPKT02792 - 05/21/21 JB 5/21/2021 11:35:10 AM Page 2 of 6 AmountVendor Name Payment Number Description (Item)Account Name Account Number 104.92Small Tools & Equipment04/06/21 - FS #70 MATTRESS STORAGE B…204873HOME DEPOT CREDIT SERVICES 101-2002-60545 426.22Fire Station04/19/21 - FS #32 RECIPROCATING SAW204873HOME DEPOT CREDIT SERVICES 101-2002-60670 83.04Materials/Supplies04/05/21 - MATERIALS FOR PARKS204873HOME DEPOT CREDIT SERVICES 101-3005-60431 54.30Tools/Equipment03/29/21 - SHOVELS204873HOME DEPOT CREDIT SERVICES 101-3005-60432 54.21Materials/Supplies04/12/21 - FEBREZE AIR FRESHERS204873HOME DEPOT CREDIT SERVICES 101-3008-60431 8.66Materials/Supplies03/29/21 - SPRAY PAINT204873HOME DEPOT CREDIT SERVICES 101-3008-60431 5.30Materials/Supplies04/20/21 - BRASS ADAPTER204873HOME DEPOT CREDIT SERVICES 101-3008-60431 73.58Materials/Supplies04/21/21 - ADHESIVE SPRAY204873HOME DEPOT CREDIT SERVICES 101-3008-60431 130.11Materials/Supplies04/22/21 - ADHESIVE SPRAY204873HOME DEPOT CREDIT SERVICES 101-3008-60431 67.15Materials/Supplies04/22/21 - MATERIALS204873HOME DEPOT CREDIT SERVICES 101-3008-60431 24.97Materials/Supplies04/12/21 - TOWELS204873HOME DEPOT CREDIT SERVICES 101-3008-60431 60.68Materials/Supplies04/27/21 - CAULK GUN204873HOME DEPOT CREDIT SERVICES 101-3008-60431 76.03Materials/Supplies04/13/21 - GARDEN HOSE & NOZZLE204873HOME DEPOT CREDIT SERVICES 101-3008-60431 139.20Materials/Supplies04/16/21 - BUG ZAPPERS204873HOME DEPOT CREDIT SERVICES 101-3008-60431 17.01Materials/Supplies04/01/21 - ESP POLY INSULATION204873HOME DEPOT CREDIT SERVICES 101-3008-60431 188.74Materials/Supplies04/01/21 - WATER DISPENSER204873HOME DEPOT CREDIT SERVICES 101-3008-60431 142.07Materials/Supplies04/01/21 - ONYX SHADOW STANDARD204873HOME DEPOT CREDIT SERVICES 101-3008-60431 26.05Tools/Equipment04/13/21 - MINI HACKSAW204873HOME DEPOT CREDIT SERVICES 101-3008-60432 35.85Tools/Equipment04/15/21 - HAND SEAMER204873HOME DEPOT CREDIT SERVICES 101-3008-60432 130.37Tools/Equipment04/21/21 - IMPACT DRILL204873HOME DEPOT CREDIT SERVICES 101-3008-60432 26.06Operating Supplies04/23/21 - STORAGE BIN204873HOME DEPOT CREDIT SERVICES 101-7003-60420 367.51Maintenance/Services05/10/21 - FS #32 KEYS204903THE LOCK SHOP, INC 101-2002-60691 99.13Water - Utilities05/17/21 - WATER SERVICE204857COACHELLA VALLEY WATER DI…101-2002-61200 687.11Water -Pioneer Park - Utilities05/17/21 - WATER SERVICE204857COACHELLA VALLEY WATER DI…101-3005-61207 17.68Water - Utilities05/17/21 - WATER SERVICE204857COACHELLA VALLEY WATER DI…101-3008-61200 3,648.15Professional Services05/2021 - SECURITY PATROL SERVICES204863DESERT RESORT MANAGEMENT 101-6004-60103 1,800.11HVAC03/25-03/26/21 - C.H HVAC REPAIR204888PACIFIC WEST AIR CONDITION…101-3008-60667 795.00HVAC04/13/21 - C.H HAVC REPAIRS204888PACIFIC WEST AIR CONDITION…101-3008-60667 2,258.63HVAC04/13-04/14/21 - C.H HVAC REPAIR204888PACIFIC WEST AIR CONDITION…101-3008-60667 225.00Fritz Burns Pool Maintenance04/17/21 - FB POOL DECK/FLOOR CLEANI…204885OCEAN SPRINGS TECH INC 101-3005-60184 200.00Fritz Burns Pool Maintenance05/10/21 - FB POOL DECK/FLOOR CLEANI…204885OCEAN SPRINGS TECH INC 101-3005-60184 288.44Water -Desert Pride - Utilities05/17/2021 - WATER SERVICE204857COACHELLA VALLEY WATER DI…101-3005-61206 200.00Minor Use Permit05/17/21 - REFUND PERMIT FEES MUP20…204896SILVA, JORGE 101-0000-42433 48.04Materials/Supplies04/30/21 - ELECTRICAL SUPPLIES204915WALTERS WHOLESALE ELECTR…101-3008-60431 278.40LQ Police Volunteers04/28/21 - PAPER ROLLS FOR TICKET WRI…204884MSA SYSTEMS INC 101-2001-60109 516.39Sheriff - Other02/25/-03/24/2021 - MOTOR FUEL CHAR…204891RIVERSIDE COUNTY SHERIFF D…101-2001-60176 718.70Sheriff - Other03/25-04/24/21 - MOTOR FUEL CHARGES204891RIVERSIDE COUNTY SHERIFF D…101-2001-60176 Fund 101 - GENERAL FUND Total:88,948.19 Fund: 201 - GAS TAX FUND 273.07Traffic Control Signs05/13/21 - TRAFFIC CONTROL SIGNS204906TOPS' N BARRICADES INC 201-7003-60429 33.30Safety Gear04/08/21 - SAFETY GEAR204873HOME DEPOT CREDIT SERVICES 201-7003-60427 -13.56Materials/Supplies04/21/21 - RETURN204873HOME DEPOT CREDIT SERVICES 201-7003-60431 305.61Materials/Supplies04/14/21 - CONCRETE204873HOME DEPOT CREDIT SERVICES 201-7003-60431 Fund 201 - GAS TAX FUND Total:598.42 Fund: 202 - LIBRARY & MUSEUM FUND 39.54Maintenance/Services04/13/21 - PEST CONTROL CHEMICALS204873HOME DEPOT CREDIT SERVICES 202-3004-60691 30.87Maintenance/Services04/06/21 - SCRAPER & UTILITY BLADES204873HOME DEPOT CREDIT SERVICES 202-3006-60691 168.17Water - Utilities05/17/21 - WATER SERVICE204857COACHELLA VALLEY WATER DI…202-3006-61200 1,811.18HVAC04/30/21 - LIBRARY HVAC REPAIRS204888PACIFIC WEST AIR CONDITION…202-3004-60667 1,113.00HVAC04/05/21 - LIBRARY HVAC MAINTENANCE204888PACIFIC WEST AIR CONDITION…202-3004-60667 Fund 202 - LIBRARY & MUSEUM FUND Total:3,162.76 Fund: 215 - LIGHTING & LANDSCAPING FUND 54.34Materials/Supplies03/15/21 - IRRIGATION SUPPLIES204897SMITH PIPE & SUPPLY CO 215-7004-60431 -3.86Materials/Supplies03/16/21 - IRRIGATION SUPPLIES204897SMITH PIPE & SUPPLY CO 215-7004-60431 115.13Materials/Supplies04/15/21 - IRRIGATION SUPPLIES204872HIGH TECH IRRIGATION INC 215-7004-60431 64.72Materials/Supplies05/04/21 - IRRIGATION TRANSFORMER204872HIGH TECH IRRIGATION INC 215-7004-60431 151.05Materials/Supplies05/04/21 - IRRIGATION SUPPLIES204872HIGH TECH IRRIGATION INC 215-7004-60431 316.00Maintenance/Services05/11/21 - DUNE PALMS IRRIGATION PED…204913VINTAGE E & S INC 215-7004-60691 316.00Maintenance/Services05/03/21 - MONTEREY ST MEDIAN ELECTR…204913VINTAGE E & S INC 215-7004-60691 200 Demand Register Packet: APPKT02792 - 05/21/21 JB 5/21/2021 11:35:10 AM Page 3 of 6 AmountVendor Name Payment Number Description (Item)Account Name Account Number 4,125.10Maintenance/Services05/17/21 - JEFFERSON ST ROUNDABOUT E…204913VINTAGE E & S INC 215-7004-60691 38.79Materials/Supplies05/05/21 - PLANTS204854CALIFORNIA DESERT NURSERY,…215-7004-60431 4,092.02Materials/Supplies05/04/21 - LANDSCAPE ROCK204907TRI-STATE MATERIALS INC 215-7004-60431 3,937.57Materials/Supplies05/05/21 - LANDSCAPE ROCK204907TRI-STATE MATERIALS INC 215-7004-60431 36.98Operating Supplies03/29/21 - WASHERS & TOWELS204873HOME DEPOT CREDIT SERVICES 215-7004-60420 46.63Supplies-Graffiti and Vandalism04/05/21 - GRAFFITI SUPPLIES204873HOME DEPOT CREDIT SERVICES 215-7004-60423 114.11Electric - Utilities05/07-06/06/21 - PHONE SVC204869FRONTIER COMMUNICATIONS…215-7004-61116 51.00Electric - Utilities05/10-06/09/21 - PHONE SVC204869FRONTIER COMMUNICATIONS…215-7004-61116 1,795.91Water - Medians - Utilities05/17/2021 - WATER SERVICE204857COACHELLA VALLEY WATER DI…215-7004-61211 Fund 215 - LIGHTING & LANDSCAPING FUND Total:15,251.49 Fund: 221 - AB 939 - CALRECYCLE FUND 26,750.00AB 939 Recycling Solutions04/22/21 - SRR EVENT SITE TRASH RECEP…204862DESERT CONCEPTS CONSTRUC…221-0000-60127 Fund 221 - AB 939 - CALRECYCLE FUND Total:26,750.00 Fund: 270 - ART IN PUBLIC PLACES FUND 205.10APP Maintenance04/06/21 - PAINT SUPPLIES204873HOME DEPOT CREDIT SERVICES 270-0000-60683 Fund 270 - ART IN PUBLIC PLACES FUND Total:205.10 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS 7.35Construction04/15/21 - 2016-08 RESTROOM KEYS204911VALLEY LOCK & SAFE 401-0000-60188 10,420.00Technical02/27-03/26/21 - 2014-13 ONCALL MATER…204858CONVERSE CONSULTANTS 401-0000-60108 2,322.50Technical02/27-03/26/21 - 2017-01 ONCALL MATER…204858CONVERSE CONSULTANTS 401-0000-60108 36,400.00Construction04/2021 - WASHINGTON ST & 47 REWIRE204900ST. FRANCIS ELECTRIC, LLC 401-0000-60188 183.17Construction04/2021 - ONCALL SERVICES204900ST. FRANCIS ELECTRIC, LLC 401-0000-60188 5,619.19Retention Payable04/30/21 - 2020-02 RETENTION PAYMENT204909UNIVERSAL CONCRETE CONST…401-0000-20600 -1,030.30Retention Payable03/06-04/10/21 - 2016-03E RETENTION P…204910URBAN HABITAT 401-0000-20600 20,606.00Construction03/06-04/10/21 - 2016-03E PROGRESS PA…204910URBAN HABITAT 401-0000-60188 -148.50Retention Payable04/11-04/30/21 - 2016-03E RETENTION P…204910URBAN HABITAT 401-0000-20600 2,970.00Construction04/11-04/30/21 - 2016-03E PROGRESS PA…204910URBAN HABITAT 401-0000-60188 7,728.44Construction04/21/21 - 2020-03 ONCALL ELECTRICAL S…204913VINTAGE E & S INC 401-0000-60188 4,066.67Construction03/2021 - LQ VILLAGE COMPLETE STREETS…204898SOUTHSTAR ENGINEERING & …401-0000-60188 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:89,144.52 Fund: 501 - FACILITY & FLEET REPLACEMENT 525.00City Bldg Repl/Repair04/09/21 - REUPHOLSTER CC WALL PANELS204866F AND J BARAJAS UPHOLSTERY 501-0000-71103 960.00City Bldg Repl/Repair04/09/21 - REUPHOLSTER CC WALL PANELS204866F AND J BARAJAS UPHOLSTERY 501-0000-71103 960.00City Bldg Repl/Repair04/09/21 - REUPHOLSTER CC WALL PANELS204866F AND J BARAJAS UPHOLSTERY 501-0000-71103 483.90Motorcycle Repair & Mainten…04/20/21 - MOTORCYCLE SERVICE204853BMW MOTORCYCLES OF RIVE…501-0000-60679 297.74Parts & Maintenance Supplies05/17/21 - CHEVY COLORADO VEHICLE L…204905TOP OF THE LINE SIGNS 501-0000-60675 31.70Street Sweeper04/2021 - SWEEPER FUEL204902THE GAS COMPANY 501-0000-60678 41.00Vehicle Repair & Maintenance03/2021 - CAR WASH SVCS204881LA QUINTA CAR WASH, L.P.501-0000-60676 27.00Vehicle Repair & Maintenance04/2021 - CAR WASH SVCS204881LA QUINTA CAR WASH, L.P.501-0000-60676 Fund 501 - FACILITY & FLEET REPLACEMENT Total:3,326.34 Fund: 502 - INFORMATION TECHNOLOGY 2,079.00Cable/Internet - Utilities05/10-06/09/21 - CH INTERNET204904TIME WARNER CABLE 502-0000-61400 600.00Consultants04/2021 - CC VIDEO STREAMING204868FISHER INTEGRATED INC 502-0000-60104 800.00Consultants04/2021 - MONTHLY FLAT FEE FOR CC VID…204868FISHER INTEGRATED INC 502-0000-60104 647.00Prepaid Expense06/30/21-06/30/22 - CLOUD SERVICE 502-…204882LOBBYCENTRAL 502-0000-13600 1,134.00Cell/Mobile Phones02/2021-01/2022 - CODE RADIO SERVICES204851ANDERSON COMMUNICATION…502-0000-61301 324.00Cell/Mobile Phones05/2020-04/2022 - HAND HELD RADIOS S…204851ANDERSON COMMUNICATION…502-0000-61301 2,265.16Copiers05/2021 CITY PRINTER & 04/2021 METER …204855CANON FINANCIAL SERVICES, …502-0000-60662 736.30Copiers05/20-06/19/21 - CITY CLERKS COPIER204855CANON FINANCIAL SERVICES, …502-0000-60662 65.77Cable/Internet - Utilities04/02-05/01/21 - BACKUP SERVER (2183)204912VERIZON WIRELESS 502-0000-61400 1,061.92Prepaid Expense06/30-10/21/21 - ZOOM WEBINAR SVCS 5…204919ZOOM VIDEO COMMUNICATI…502-0000-13600 530.96Software Licenses05/04-06/30/21 - ZOOM WEBINAR SERVIC…204919ZOOM VIDEO COMMUNICATI…502-0000-60301 105.03Cable/Internet - Utilities05/10-06/09/21 - CH INTERNET204869FRONTIER COMMUNICATIONS…502-0000-61400 217.34Cable/Internet - Utilities05/04-06/03/21 - DSL SVC204869FRONTIER COMMUNICATIONS…502-0000-61400 Fund 502 - INFORMATION TECHNOLOGY Total:10,566.48 Fund: 504 - INSURANCE FUND -89.27Operating Supplies05/04/21 - ERGO ASSESSMENT FOOTREST…204886OFFICE DEPOT 504-1010-60420 201 Demand Register Packet: APPKT02792 - 05/21/21 JB 5/21/2021 11:35:10 AM Page 4 of 6 AmountVendor Name Payment Number Description (Item)Account Name Account Number 89.27Operating Supplies04/14/21 - ERGO ASSESSMENT FOOTREST204886OFFICE DEPOT 504-1010-60420 Fund 504 - INSURANCE FUND Total:0.00 Fund: 601 - SILVERROCK RESORT 2.00Bank Fees04/2021 - SRR ARMORED SVC204870GARDAWORLD 601-0000-60455 80.54Repair & Maintenance04/01/21 - ADHESIVE SPRAY204873HOME DEPOT CREDIT SERVICES 601-0000-60660 12.91Repair & Maintenance04/05/21 - SLEEVE ANCHORS204873HOME DEPOT CREDIT SERVICES 601-0000-60660 58.87Repair & Maintenance04/12/21 - MATERIALS FOR SRR204873HOME DEPOT CREDIT SERVICES 601-0000-60660 35.83Repair & Maintenance04/15/21 - CABLE TIES204873HOME DEPOT CREDIT SERVICES 601-0000-60660 Fund 601 - SILVERROCK RESORT Total:190.15 Grand Total:238,143.45 202 Demand Register Packet: APPKT02792 - 05/21/21 JB 5/21/2021 11:35:10 AM Page 5 of 6 Fund Summary Fund Expense Amount 101 - GENERAL FUND 88,948.19 201 - GAS TAX FUND 598.42 202 - LIBRARY & MUSEUM FUND 3,162.76 215 - LIGHTING & LANDSCAPING FUND 15,251.49 221 - AB 939 - CALRECYCLE FUND 26,750.00 270 - ART IN PUBLIC PLACES FUND 205.10 401 - CAPITAL IMPROVEMENT PROGRAMS 89,144.52 501 - FACILITY & FLEET REPLACEMENT 3,326.34 502 - INFORMATION TECHNOLOGY 10,566.48 504 - INSURANCE FUND 0.00 601 - SILVERROCK RESORT 190.15 Grand Total:238,143.45 Account Summary Account Number Account Name Expense Amount 101-0000-20304 Sales Taxes Payable -899.59 101-0000-20981 United Way Deductions 42.00 101-0000-42433 Minor Use Permit 200.00 101-1002-60101 Contract Services - Admini…3,150.00 101-1004-60129 Recruiting/Pre-Employme…279.05 101-1004-60400 Office Supplies 24.46 101-1006-60103 Professional Services 35.84 101-2001-60109 LQ Police Volunteers 278.40 101-2001-60176 Sheriff - Other 1,235.09 101-2001-60420 Operating Supplies 154.36 101-2002-60545 Small Tools & Equipment 104.92 101-2002-60670 Fire Station 4,282.81 101-2002-60691 Maintenance/Services 1,173.41 101-2002-61200 Water - Utilities 99.13 101-2002-61304 Mobile/Cell Phones/Satell…648.00 101-2002-61400 Cable/Internet - Utilities 10.56 101-3001-60400 Office Supplies 11.73 101-3002-60107 Instructors 2,216.80 101-3005-60184 Fritz Burns Pool Maintena…425.00 101-3005-60431 Materials/Supplies 2,695.85 101-3005-60432 Tools/Equipment 54.30 101-3005-60691 Maintenance/Services 711.00 101-3005-61206 Water -Desert Pride - Utili…288.44 101-3005-61207 Water -Pioneer Park - Utili…687.11 101-3007-60410 Printing 73.83 101-3008-60431 Materials/Supplies 1,035.75 101-3008-60432 Tools/Equipment 192.27 101-3008-60667 HVAC 4,853.74 101-3008-60691 Maintenance/Services 1,455.00 101-3008-61200 Water - Utilities 17.68 101-6001-60351 Membership Dues 130.00 101-6002-60103 Professional Services 1,332.00 101-6003-60118 Plan Checks 14,718.75 101-6004-60103 Professional Services 4,501.25 101-6004-60111 Administrative Citation Se…2,035.46 101-6004-60197 Animal Shelter Contract S…29,561.38 101-6004-60400 Office Supplies 32.61 101-6006-60125 Temporary Agency Servic…1,693.13 101-7003-60420 Operating Supplies 181.78 101-7006-60144 Contract Traffic Engineer 9,072.00 101-7006-60146 PM 10 - Dust Control 152.89 201-7003-60427 Safety Gear 33.30 201-7003-60429 Traffic Control Signs 273.07 201-7003-60431 Materials/Supplies 292.05 203 Demand Register Packet: APPKT02792 - 05/21/21 JB 5/21/2021 11:35:10 AM Page 6 of 6 Account Summary Account Number Account Name Expense Amount 202-3004-60667 HVAC 2,924.18 202-3004-60691 Maintenance/Services 39.54 202-3006-60691 Maintenance/Services 30.87 202-3006-61200 Water - Utilities 168.17 215-7004-60420 Operating Supplies 36.98 215-7004-60423 Supplies-Graffiti and Van…46.63 215-7004-60431 Materials/Supplies 8,449.76 215-7004-60691 Maintenance/Services 4,757.10 215-7004-61116 Electric - Utilities 165.11 215-7004-61211 Water - Medians - Utilities 1,795.91 221-0000-60127 AB 939 Recycling Solutions 26,750.00 270-0000-60683 APP Maintenance 205.10 401-0000-20600 Retention Payable 4,440.39 401-0000-60108 Technical 12,742.50 401-0000-60188 Construction 71,961.63 501-0000-60675 Parts & Maintenance Supp…297.74 501-0000-60676 Vehicle Repair & Mainte…68.00 501-0000-60678 Street Sweeper 31.70 501-0000-60679 Motorcycle Repair & Main…483.90 501-0000-71103 City Bldg Repl/Repair 2,445.00 502-0000-13600 Prepaid Expense 1,708.92 502-0000-60104 Consultants 1,400.00 502-0000-60301 Software Licenses 530.96 502-0000-60662 Copiers 3,001.46 502-0000-61301 Cell/Mobile Phones 1,458.00 502-0000-61400 Cable/Internet - Utilities 2,467.14 504-1010-60420 Operating Supplies 0.00 601-0000-60455 Bank Fees 2.00 601-0000-60660 Repair & Maintenance 188.15 Grand Total:238,143.45 Project Account Summary Project Account Key Expense AmountProject Account Name Project Name **None**132,974.55**None****None** 141513T 10,420.00Technical Expense SilverRock Way Infra/Street Improvements 151603CT 4,066.67Construction Expense La Quinta Village Complete St-ATPSBIL-5433(020) 201603CT 23,576.00Construction Expense La Quinta Landscape Renovation Improvement 201603RP -1,178.80Retention Payable La Quinta Landscape Renovation Improvement 201608CT 7.35Construction Expense SilverRock Event Space 201701T 2,322.50Technical Expense Washington Street at Fred Waring Drive 201804E 12,344.53Landscape & Lighting Median Island …Landscape & Lighting Median Island Improvements 202002RP 5,619.19Retention Payable Citywide Miscellaneous ADA Improvements 202003CT 7,728.44Construction Expense Citywide Public Safety Camera System 2021TMICT 36,583.17Construction Expense FY20/21 Traffic Maintenance Improvements CSA152E 31.70CSA 152 Expenses CSA 152 Project Tracking STVRE 3,648.15Short Term Vacation Rental Expense Short Term Vacation Rental Tracking Grand Total:238,143.45 204 City of La Quinta Bank Transactions 05/10 – 05/21/2021 Wire Transaction Listed below are the wire transfers from 05/10 – 05/21/2021. Wire Transfers: 05/14/2021 - WIRE TRANSFER - CALPERS 20,099.95$ 05/14/2021 - WIRE TRANSFER - CALPERS 13,313.07$ 05/14/2021 - WIRE TRANSFER - CALPERS 4,629.54$ 05/14/2021 - WIRE TRANSFER - ICMA 4,591.96$ 05/14/2021 - WIRE TRANSFER - CALPERS 444.99$ 05/14/2021 - WIRE TRANSFER - LQCEA 414.00$ 05/21/2021 - WIRE TRANSFER - LANDMARK 182,379.60$ 05/21/2021 - WIRE TRANSFER - LANDMARK 79,811.66$ TOTAL WIRE TRANSFERS OUT $305,684.77 ATTACHMENT 2 205 206 City of La Quinta CITY COUNCIL MEETING: June 1, 2021 STAFF REPORT AGENDA TITLE: APPROVE CHANGE ORDER NO. 5 TO CONTRACT WITH JONES BROS CONSTRUCTION COMPANY FOR THE SILVERROCK WAY STREET IMPROVEMENTS PROJECT NO. 2014-13/141513 FOR MISCELLANEOUS ADDITIONAL WORK REQUESTS RECOMMENDATION Approve Change Order No. 5 in the amount of $128,554 to Contract with Jones Bros Construction Company for the SilverRock Way Street Improvements backbone infrastructure Project 2014-13 for additional work requests to abandon existing sewer lift station, concrete encase utilities, increase catch basin depth, and additional time to protect in place above ground irrigation lines; and authorize the City Manager to execute the change order. EXECUTIVE SUMMARY •On February 4, 2020, a contract was awarded to Jones Bros Construction Company (Contractor) for construction of the SilverRock Way Street Improvements backbone infrastructure (Project) (Attachment 1) and construction began in July 2020. •On December 1, 2020 Change Order No. 1 was authorized for $69,117 for storm drain material change, idle time, sewer alignment change, and miscellaneous additional work requests. •On February 8, 2021 Change Order No. 2 was authorized for $39,238 for the construction of a retention basin along SilverRock Way near Jefferson Street. •On February 16, 2021 Change Order No. 3 was authorized for $69,437 for the construction of a retention basin at the SilverRock Driving Range. •On March 16, 2021 Change Order No. 4 was authorized for $135,710 for the construction of dry utility sleeves and landscape irrigation sleeves for future use, lowering of Coachella Valley Water District (CVWD) irrigation lines, and deletion of bid items 23-25. CONSENT CALENDAR ITEM NO. 15 207 •Change Order No. 5 (Attachment 2) includes the additional work requests to abandon existing sewer lift station for $48,708, concrete encase utilities for $52,400, increase catch basin depth for $9,100, and additional time to protect in place above ground irrigation lines for $18,346. FISCAL IMPACT There are sufficient funds in the project budget (Account No. 401-0000-60188, Project No. 141513) for change order in the amount of $128,554: Budget 2002 Bond Proceeds $ 6,753,700 Developer Agreement $ 906,341 Total Budget: $ 7,660,041 The following is a list of all change orders to date: Total Contract Original Contract Amount: $ 3,994,466 Change Order No. 1: $ 69,117 Change Order No. 2: $ 39,238 Change Order No. 3: $ 69,437 Change Order No. 4: $ 135,710 This Contract Change Order No. 5: $ 128,554 Final Contract Amount: $ 4,436,522 If this change order is authorized, there will be $145,700 remaining in contingency. BACKGROUND/ANALYSIS Change Order No. 1 was for storm drain material change, idle time, sewer alignment change, and miscellaneous additional work requests . Change Order No. 2 and No. 3 were for the construction retention basins along SilverRock Way near Jefferson Street and the SilverRock Driving Range. Change Order No. 4 was to construct dry utility sleeves and landscape irrigation sleeves for future use, lowering of Coachella Valley Water District (CVWD) irrigation lines, and deletion of bid items 23-25. Proposed Change Order No. 5 is for additional work request items. These include abandoning the existing sewer lift station and connecting an existin g force main to satisfy the agreement with CVWD; encasing a waterline and sewer force main that cross to comply with County Health Variance; increasing 208 depth of two catch basins for future development to connect to; and for additional costs subcontractors have incurred to work around an above ground CVWD irrigation line which was subsequently lowered as authorized in Change Order No.4. ALTERNATIVES Staff does not recommend an alternate . Prepared by: Carley Escarrega, Management Assistant Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1.Project Vicinity Map 2. Change Order No. 5 209 210 Vicinity Map SilverRock Way Street Improvements (Project No. 2014-13) ATTACHMENT 1 211 212 CONTRACT: SilverRock Way Street Improvements PROJECT NO. 2014-13 CONTRACTOR: Jones Bros Construction Company 85900 Jones Court Coachella, CA 92236 CONTRACT CHANGE ORDER NO. 5 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE -This Contract Change Order allows for increased depth, additional excavation & backfill, and added 18” pipe Total $9,100.00 -This Contract Change Order allows for subcontractor NEI extra work around CVWD Canal water lines Total $15,352.50 -This Contract Change Order allows for additional forming for curbs & gutters Total $2,994.00 -This Contract Change Order allows for abandonment of wet well and tie exist force main into MH#23 Total $48,708.00 -This Contract Change Order allows for water and sewer extra work Total $52,400.00 Total $128,554.50 By reason of this contract change order the time of completion is adjusted as follows: - 42 - days added to contract time. The contract completion date shall be: 6/9/2021 Submitted By: Date: Approved By: Date: We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree , if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted By: Title: Contractor: Date: _____ Original Contract Amount $3,994,465.67 Contract Change Order No. 1 $69,116.55 Contract Change Order No. 2 $39,238.00 Contract Change Order No. 3 $69,437.00 Contract Change Order No. 4 $135,710.00 Add This Change Order No. 5 $128,554.50 Revised Contract Total $4,436,521.72 ATTACHMENT 2 213 214 City of La Quinta CITY COUNCIL MEETING: June 1, 2021 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES WITH TERRA NOVA PLANNING & RESEARCH, INC. TO INCREASE THE CONTRACT AMOUNT FOR ON-CALL PLANNING SERVICES RECOMMENDATION Approve Amendment No. 2 to Agreement for Contract Services with Terra Nova Planning & Research, Inc. for on-call planning services, for a total not to exceed amount of $70,000 for fiscal year 2020/21; and authorize the City Manager to execute the amendment. EXECUTIVE SUMMARY In 2019 Staff solicited proposals for on-call planning services from qualified firms to assist Staff during peak workloads and as needed for expertise on special and complex planning projects; Terra Nova Planning & Research, Inc. (Terra Nova) was selected as best qualified firm and a three-year agreement was executed, ending on June 30, 2022. On June 16, 2020, Amendment No. 1 was executed adding General Plan update services to the Scope of Work and additional compensation of $69,975 due to a state mandate. The City has recently had applications for complex entitlement projects that have required more processing time than anticipated; Amendment No. 2 requests to increase the not to exceed amount for on-call planning services for fiscal year 2020/21 from $60,000 to $70,000 due to the increased workload. FISCAL IMPACT Funds are available in the Planning Division Professional Services budget for FY 20/21 for this increase (101-6002-60103). CONSENT CALENDAR ITEM NO. 16 215 FISCAL YEAR ANNUAL COMPENSATION Contract Services Agreement On-Call Planning Services 2019-2020 2020-2021 2021-2022 $60,000 $60,000 $60,000 Amendment No. 1 General Plan Update 2020/21-2021/22 $69,975 Amendment No. 2 On-Call Planning Services 2020-2021 $70,000 (proposed) Optional 2-Year Agreement Term Extension 2022-2023 2023-2024 $60,000 $60,000 TOTAL CONTRACT COMPENSATION: $379,975 BACKGROUND/ANALYSIS In June 2019, the City solicited proposals for on-call planning services and received seven responses. A selection committee reviewed the proposals and Terra Nova was selected as the top ranked firm; and a three-year Agreement for Contract Services was executed through June 30, 2022. In June 2020, Amendment No. 1 to Agreement with Terra Nova was executed for expanding the scope of work by adding services related to preparing an update to the Housing, Land Use, and Safety Elements of the General Plan, due to a state mandate; and increased the compensation by $69,975 for FY 2020/21 and 2021/22. There has been an increased workload of planning project applications in FY 2020/21 and Terra Nova has been assisting staff with processing complex entitlement applications. These applications consist of a General Plan Amendment, Zone Change, a new Specific Plan and a Specific Plan Amendment, Site Development Permit, Tentative Tract Map and an Environmental Impact Report. Amendment No. 2 requests to increase the not to exceed agreement amount for FY 2020/21 from $60,000 to $70,000 for on-call planning services due to the increased workload. ALTERNATIVES Council may elect not to approve the Amendment. Prepared by: Cheri L. Flores, Planning Manager Approved by: Danny Castro, Design and Development Director Attachment: 1. Amendment No. 2 to Agreement for Contract Services 216 AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES WITH TERRA NOVA PLANNING & RESEARCH, INC. This Amendment No. 2 ("Amendment No. 2") to Agreement for Contract Services (“Agreement”) with Terra Nova Planning & Research, Inc. is made and entered into as of the 1st day of June 2021 ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and Terra Nova Planning & Research, Inc. (“Contracting Party”). RECITALS WHEREAS, on or about September 9, 2019, the City and Contracting Party entered into a three-year Agreement to provide on-call planning services in an amount not to exceed $60,000.00 per year for the life of the Agreement; the Agreement expires June 30, 2022; and WHEREAS, on June 16, 2020, the City and Contracting Party executed Amendment No. 1, to include additional services relating to preparing an update to the Housing, Land Use, and Safety Elements of the General Plan, and increased the Contract Sum by an additional $69,975 per year for fiscal years 2020/21 and 2021/22; and WHEREAS, the City and Contracting Party mutually agree to increase the not to exceed compensation amount by $10,000 for fiscal year 2020/2021 due to an increase in workload for complex entitlement projects that require more processing time, and amend Section 2.1 Contract Sum to reflect this change. NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows: AMENDMENT NO. 2 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 2.1 – Contract Sum is amended to read as follows: For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) listing in detail annual compensation per fiscal year and service types, in an amount not to exceed Three-Hundred Seventy Nine Thousand Nine-Hundred and Seventy Five Dollars ($379,975) for the ATTACHMENT 1 217 life of the Agreement, encompassing the initial and any extended terms (the “Contract Sum”), except as provided in Section 1.7. 2. “Exhibit B” – Schedule of Compensation is amended as listed in “Exhibit B”, attached hereto and incorporated by this reference. In all other respects, the Original Agreement shall remain in effect. IN WITNESS WHEREOF, the City and Contracting Party have executed this Amendment No. 2 to the Agreement for Contract Services on the respective dates set forth below. CITY OF LA QUINTA TERRA NOVA PLANNING & RESEARCH a California municipal corporation _________ Jon McMillen, City Manager John D. Criste, President City of La Quinta, California Dated: __________________ Dated: ______________ ATTEST: _________ Nicole Sauviat Criste, Vice President Monika Radeva, City Clerk City of La Quinta, California APPROVED AS TO FORM: William H. Ihrke, City Attorney City of La Quinta, California 218 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 as noted in detail below per fiscal year and service types, for a total not to exceed amount of $379,975 (“Contract Sum”) for the life of the Agreement encompassing the initial and any extended terms. The Contract Sum shall be paid to Contracting Party 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: FY 2019/20 On-Call Planning Services $60,000 FY 2020/21 On-Call Planning Services $70,000 FY 2021/22 On-Call Planning Services $60,000 FY 2020/21 & 2021/22 General Plan Update $69,975 Initial Term Total: $259,975 Optional 2-Year Term Extension: Not to Exceed: FY 2022/23 On-Call Planning Services $60,000 FY 2023/24 On-Call Planning Services $60,000 Extended Term Total: $120,000 _______________________________ Total Not to Exceed: $379,975 219 220 City of La Quinta CITY COUNCIL MEETING: June 1, 2021 STAFF REPORT AGENDA TITLE: APPROVE COOPERATIVE AGREEMENT WITH THE COUNTY OF RIVERSIDE TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE, FIRE MARSHAL AND MEDICAL EMERGENCY SERVICES; AND APPROVE COOPERATIVE AGREEMENT BETWEEN THE CITIES OF INDIO, LA QUINTA, COACHELLA, AND THE COUNTY OF RIVERSIDE TO SHARE THE COST OF A LADDER TRUCK COMPANY RECOMMENDATION A.Approve a Cooperative Agreement with the County of Riverside to provide fire protection, fire prevention, rescue, fire marshal and medical emergency services; and authorize the City Manager to execute the Agreement. B.Approve Cooperative Agreement between the Cities of Indio, La Quinta, Coachella, and the County of Riverside to share the cost of a ladder truck company; and authorize the City Manager to execute the Agreement. EXECUTIVE SUMMARY •The City of La Quinta contracts with the County of Riverside for fire services. •The current Cooperative Agreement with the County of Riverside for fire and medical emergency services (Fire Service Agreement) will expire on June 30, 2021. The new Fire Services Agreement (Attachment 1) term will be from July 1, 2021 to June 30, 2024. •The current Cooperative Agreement between the Cities of Indio, La Quinta, Coachella and the County of Riverside for ladder truck cost sharing (Ladder Truck Agreement) will expire on June 30, 2021. The new Ladder Truck Agreement (Attachment 2) term will be from July 1, 2021 to June 30, 2024 and includes the ladder truck staffing and maintenance costs. •Service levels will remain the same, except that Emergency Management Department (EMD) service fees are no longer included in the fire service agreement representing a savings of approximately $110,000. BUSINESS SESSION ITEM NO. 1 221 FISCAL IMPACT Cost for fire services is estimated at approximately $6,820,177, including the cost of the ladder truck agreement. The annual fire property tax revenue will cover all cost for FY 2021-22. For each subsequent year after FY 21/22, the County has included a flat increase of 5%. Should expenses exceed the fire property tax revenue, the difference will come from the fire reserve balance. BACKGROUND/ANALYSIS Since 1986, the City has contracted fire services from the County of Riverside, which in turn has an agreement with the California Department of Forestry and Fire Protection to provide fire services. The contract provides fire staffing for all three city fire stations, 24 hours a day, a Fire Safety Specialist assigned to the City and Battalion Chief support to oversee day to day operations. Since 2006, the City has participated in a cooperative agreement to operate a ladder truck for the mutual benefit of the Cities of La Quinta, Indio, Coachella and County of Riverside. The cost allocation remains the same: the City of Indio contributes 50%, the County of Riverside 25%, and the City of Coachella and La Quinta each pay 12.5% of the actual cost of staffing and ladder truck maintenance. The estimated cost for FY 2021-22 is $229,677. On September 15, 2020, the City approved the acquisition of a replacement ladder truck, the new truck should be in operation by FY 2022-23. A noteworthy change is that services provided by the County Emergency Management Department (EMD) have been eliminated from fire service agreement. If City elects to contract County for additional EMD services, a separate contract will need to be established with EMD. Approval of these agreements represents a continuation of service levels. In early 2020, the City contracted with Matrix Consulting Group, Inc to conduct a comprehensive review of fire services and the study was delayed due to the pandemic. The study is nearly complete and staff will bring forth a study session of that report, which will look at long term fire service planning and operational needs. ALTERNATIVES Given that the existing agreement expires June 30, 2021 and fire services are needed, staff does not recommend an alternative. Prepared by: Martha Mendez, Public Safety Manager Approved by: Chris Escobedo, Community Service Director Attachments: 1. Fire Cooperative Agreement 2.Fire Ladder Truck Agreement 222 Cooperative Fire Agreement City of La Quinta July 1, 2021 to June 30, 2024 1 of 9 A COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE, FIRE MARSHAL AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF LA QUINTA THIS AGREEMENT, made and entered into this ____ day of ______________, 2021, by and between the County of Riverside, a political subdivision of the State of California, on behalf of the Fire Department (hereinafter referred to as “COUNTY”), and the City of La Quinta a duly created city (hereinafter referred to as “CITY”), whereby it is agreed as follows: SECTION I: PURPOSE The purpose of this Agreement is to arrange for COUNTY, through its Cooperative Fire Programs Fire Protection Reimbursement Agreement (“CAL FIRE Agreement”) with the California Department of Forestry and Fire Protection (“CAL FIRE”), to provide CITY with fire protection, hazardous materials mitigation, technical rescue response, fire marshal, medical emergency services, and public service assists (hereinafter referred to as “Fire Services”). This Agreement is entered into pursuant to the authority granted by Government Code sections §55600 et seq., and will provide a unified, integrated, cooperative, regional fire protection system. COUNTY’s ability to perform under this Agreement is subject to the terms and conditions of the CAL FIRE Agreement. SECTION II: DESIGNATION OF FIRE CHIEF A.The County Fire Chief appointed by the Board of Supervisors, or his/her designee (hereinafter referred to as “Chief”), shall represent COUNTY and CITY during the period of this Agreement, and Chief shall, under the supervision and direction of the County Board of Supervisors, have charge of the organization described in Exhibit “A”, attached hereto and made a part hereof, for the purpose of providing Fire Services as deemed necessary to satisfy the needs of both the COUNTY and CITY, except upon those lands wherein other agencies of government have responsibility for the same or similar Fire Services. B.The COUNTY will assign an existing Chief Officer as the Fire Department Liaison (hereinafter referred to as “Fire Liaison”). The Chief may delegate certain authority to the Fire Liaison, as the Chief’s duly authorized designee, and the Fire Liaison shall be responsible for directing the Fire Services provided to CITY as set forth in Exhibit “A”. C.COUNTY will be allowed flexibility in the assignment of available personnel and equipment in order to provide the Fire Services as agreed upon herein. ATTACHMENT 1 223 Cooperative Fire Agreement City of La Quinta July 1, 2021 to June 30, 2024 2 of 9 SECTION III: PAYMENT FOR SERVICES A.CITY shall annually appropriate a fiscal year budget to support the Fire Services designated at a level of service mutually agreed upon by both parties and as set forth in Exhibit “A” for the term of this Agreement. This Exhibit may be amended in writing by mutual agreement by both parties or when a CITY–requested increase or reduction in services is approved by COUNTY. B.COUNTY provides fire personnel and services through its CAL FIRE Agreement. In the event CITY desires an increase or decrease in CAL FIRE or COUNTY civil service employees or services assigned to CITY as provided for in Exhibit “A,” CITY shall provide one hundred twenty (120) days written notice of the proposed requested increase or decrease. Proper notification shall include the following: (1) The total amount of increase or decrease; (2) The effective date of the increase or decrease; and (3) The number of employees, by classification, affected by the proposed increase or decrease. If such notice is not provided, CITY shall reimburse COUNTY for relocation costs incurred by COUNTY because of the increase or decrease, in addition to any other remedies available resulting from the increase or decrease in services. COUNTY is under no obligation to approve any requested increase or decrease, and it is expressly understood by the parties that in no event will COUNTY authorize or approve CITY’s request to reduce services below the COUNTY Board of Supervisors–approved staffing level for any fire station, or to reduce services to the extent that the services provided under this Agreement are borne by other jurisdictions. COUNTY shall render a written decision on whether to allow or deny the increase or decrease within thirty (30) days of the notice provided pursuant to this section. C.CITY shall pay COUNTY actual costs for Fire Services pursuant to this Agreement. COUNTY shall make a claim to CITY for the actual cost of contracted services, pursuant to Exhibit “A,” on a quarterly basis. The COUNTY is mandated per Government Code section §51350 for full cost recovery. CITY shall pay each claim, in full, within thirty (30) days after receipt thereof. D.Any changes to the salaries or expenses set forth in Exhibit “A” made necessary by action of the Legislature, CAL FIRE, or any other public agency with authority to direct changes in the level of salaries or expenses, shall be paid from the funds represented as set forth in Exhibit “A.” The CITY is obligated to expend or appropriate any sum in excess of Exhibit “A” increased by action of the Legislature, CAL FIRE, or any other public agency with authority to direct changes. If within thirty (30) days after notice, in writing, from COUNTY to CITY that the actual cost of maintaining the services specified in Exhibit “A” as a result of action by the Legislature, CAL FIRE, or other public agency will exceed the total amount specified therein, and CITY has not agreed to make available the necessary additional funds, COUNTY shall have the right to unilaterally reduce the services furnished under this Agreement by an appropriate amount and shall promptly notify CITY, in writing, specifying the services to be reduced. Any COUNTY or CAL FIRE personnel reduction resulting solely due to an increase in employee salaries or expenses occurring after signing this Agreement and set forth in 224 Cooperative Fire Agreement City of La Quinta July 1, 2021 to June 30, 2024 3 of 9 Exhibit “A” that CITY does not agree to fund, as described above, shall not be subject to relocation expense reimbursement by CITY. If CITY desires to add funds to the total included herein to cover the cost of increased salaries or services necessitated by actions described in this paragraph, such increase shall be accomplished by an additional appropriation by the City Council of CITY, and an amendment to Exhibit “A” approved by the parties hereto. E.Chief may be authorized to negotiate and execute any amendments to Exhibit “A” or Exhibit “C” of this Agreement on behalf of COUNTY as authorized by the Board of Supervisors. CITY shall designate a “Contract Administrator” who shall, under the supervision and direction of CITY, be authorized to execute amendments to Exhibits “A” or “C” on behalf of CITY. F. _______ [ X ] (Check only if applicable, and please initial to acknowledge) Additional terms as set forth in the attached Exhibit “B” are incorporated herein and shall additionally apply to this agreement regarding payment of services. G._______ [ X ] (Check only if applicable, and please initial to acknowledge) Additional terms as set forth in the attached Exhibit “C” are incorporated herein and shall additionally apply to this agreement regarding payment for the Fire Engine Use Agreement. H._______ [ X ] (Check only if applicable, and please initial to acknowledge) Additional terms as set forth in the attached Exhibit “D” are incorporated herein and shall additionally apply to this agreement regarding payment for Fire Marshall Services. I.Notwithstanding Paragraph G, as it relates to the Fire Engine Use Agreement herein if applicable, additional terms as set forth are incorporated herein and shall additionally apply to this Agreement regarding payment of services. In the event that a fire engine, owned and maintained by the CITY has a catastrophic failure, the COUNTY Fire Chief may allow use of a COUNTY fire engine, free of charge, up to one hundred twenty (120) days. After the initial one hundred twenty (120) days, a rental fee will be applied to the CITY invoice for use of said COUNTY fire engine. The rental fee shall be Two Thousand Fifty-Five Dollars ($2,055) per day or Fourteen Thousand Three Hundred Eighty-Four Dollars ($14,384) per week. J.Notwithstanding Paragraph H, as it relates to Fire Marshal services herein, if applicable, additional terms as set forth are incorporated herein and shall additionally apply to this agreement regarding Fire Marshal services. In the event the CITY elects not to use Fire Marshal services outlined in Paragraph H (Exhibit D), the services must be provided by the COUNTY Office of the Fire Marshal pursuant to Health and Safety Code section 13146.3 at a cost to the owner as outlined in COUNTY Ordinance No. 671(Establishing Consolidated Fees For Land Use and Related Functions). SECTION IV: INITIAL TERM AND AMENDMENT A.The term of this Agreement shall be from July 1, 2021, to June 30, 2024. 225 Cooperative Fire Agreement City of La Quinta July 1, 2021 to June 30, 2024 4 of 9 B.One (1) year prior to the date of expiration of this Agreement, CITY shall give COUNTY written notice of whether CITY intends to enter into a new Agreement with COUNTY for Fire Services and, if so, whether CITY intends to request a change in the level of Fire Services provided under this Agreement. SECTION V: TERMINATION During the term of this Agreement, this Agreement may only be terminated by the voters of either the COUNTY or the CITY pursuant to Government Code §55603.5. SECTION VI: COOPERATIVE OPERATIONS All Fire Services contemplated under this Agreement shall be performed by both parties to this Agreement working as one unit; therefore, personnel and/or equipment belonging to either CITY or COUNTY may be temporarily dispatched elsewhere from time to time for mutual aid. SECTION VII: MUTUAL AID Pursuant to Health and Safety Code sections 13050 et seq., when rendering mutual aid or assistance, COUNTY may, at the request of CITY, demand payment of charges and seek reimbursement of CITY costs for personnel, equipment use, and operating expenses as funded herein, under authority given by Health and Safety Code sections 13051 and 13054. COUNTY, in seeking said reimbursement pursuant to such request of CITY, shall represent the CITY by following the procedures set forth in Health and Safety Code section 13052. Any recovery of CITY costs, less actual expenses, shall be paid or credited to the CITY, as directed by CITY. In all such instances, COUNTY shall give timely notice of the possible application of Health and Safety Code sections 13051 and 13054 to the officer designated by CITY. SECTION VIII: SUPPRESSION COST RECOVERY As provided in Health and Safety Code section 13009, Riverside County Ordinance No. 787, section 5.E.2., and California Fire Code, COUNTY may bring an action for collection of suppression costs of any fire caused by negligence, violation of law, or failure to correct noticed fire safety violations. Additionally, COUNTY may bring action for collection to any person who negligently, intentionally or in violation of law causes an emergency response, including, but not limited to, a traffic accident, spill of toxic or flammable fluids or chemicals is liable for the costs of securing such emergency, including those costs pursuant to Government Code section 53150, et seq., as may be amended from time to time. When using CITY equipment and personnel under the terms of this Agreement, COUNTY may bring such actions for collection of costs incurred by CITY and the COUNTY. In such a case, CITY appoints and designates COUNTY as its agent in said collection proceedings. In the event of recovery, COUNTY shall apportion the recovered amount via the annual Cost Allocation Plan. This recovery does not include 226 Cooperative Fire Agreement City of La Quinta July 1, 2021 to June 30, 2024 5 of 9 CITY resources outside of this Cooperative Agreement. Those resources would require the CITY to obtain cost recovery directly. In all such instances, COUNTY shall give timely notice of the possible application of Health and Safety Code section 13009 to the officer designated by CITY. SECTION IX: PROPERTY ACCOUNTING All personal property provided by CITY and by COUNTY for the purpose of providing Fire Services under the terms of this Agreement shall be marked and accounted for in such a manner as to conform to the standard operating procedure established by the COUNTY for the segregation, care, and use of the respective property of each. SECTION X: FACILITY CITY shall provide Fire Station(s), strategically located to provide standard response time within the City of La Quinta from which fire operations shall be conducted. If the Fire Station(s) are owned by the CITY, the CITY shall maintain the facilities at CITY’s cost and expense. In the event CITY requests COUNTY to undertake repairs or maintenance costs or services, the costs and expenses of such repairs or maintenance shall be reimbursed to COUNTY through the Support Services Cost Allocation, or as a direct Invoice to the CITY. SECTION XI: INDEMNIFICATION AND HOLD HARMLESS To the fullest extent permitted by applicable law, COUNTY shall and does agree to indemnify, protect, defend and hold harmless CITY, its agencies, districts, special districts and departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives (collectively, "Indemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the Services performed hereunder by COUNTY, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of COUNTY, its officers, employees, subcontractors, agents, or representatives (collectively, "Liabilities"). Notwithstanding the foregoing, the only Liabilities with respect to which COUNTY’s obligation to indemnify, including the cost to defend, the Indemnitees does not apply is with respect to Liabilities resulting from the negligence or willful misconduct of an Indemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement. To the fullest extent permitted by applicable law, CITY shall and does agree to indemnify, protect, defend and hold harmless COUNTY, its agencies, departments, directors, officers, agents, Board of Supervisors, elected and appointed officials and representatives (collectively, "Indemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and expenses, 227 Cooperative Fire Agreement City of La Quinta July 1, 2021 to June 30, 2024 6 of 9 attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the services performed hereunder, by CITY, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of CITY its officers, employees, subcontractors, agents, or representatives (collectively, "Liabilities"). Notwithstanding the foregoing, the only Liabilities with respect to which CITY’s obligation to indemnify, including the cost to defend, the Indemnitees does not apply is with respect to Liabilities resulting from the negligence or willful misconduct of an Indemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement. SECTION XII: AUDIT A.COUNTY and CITY agree that their designated representative shall have the right to review and to copy any records and supporting documentation of the other party hereto pertaining to the performance of this Agreement. COUNTY and CITY agree to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated or as required by law, and to allow the auditor(s) of the other party access to such records during normal business hours COUNTY and CITY agree to a similar right to audit records in any subcontract related to performance of this Agreement. (E.g., Gov. Code, §8546.7). B.Each party shall bear its own costs in performing a requested audit. SECTION XIII: DISPUTES CITY shall select and appoint a “Contract Administrator” who shall, under the supervision and direction of CITY, be available for contract resolution or policy intervention with COUNTY, when, upon determination by the Chief that a situation exists under this Agreement in which a decision to serve the interest of CITY has the potential to conflict with COUNTY interest or policy. Any dispute concerning a question of fact arising under the terms of this Agreement which is not disposed of within a reasonable period of time by the CITY and COUNTY employees normally responsible for the administration of this Agreement shall be brought to the attention of the Chief Executive Officer (or designated representative) of each organization for joint resolution. For purposes of this provision, a “reasonable period of time” shall be ten (10) calendar days or less. CITY and COUNTY agree to continue with the responsibilities under this Agreement during any dispute. Disputes that are not resolved informally by and between CITY and COUNTY representatives may be resolved, by mutual agreement of the parties, through mediation. Such mediator will be jointly selected by the parties. The costs associated with mediator shall be shared equally among the participating parties. If the mediation does not resolve the issue(s), or if the parties cannot agree to mediation, the parties reserve the right to seek remedies as provided by law or in equity. The parties agree, pursuant to Battaglia Enterprises v. Superior Court (2013) 215 Cal.App.4th 309, that each of the parties are sophisticated and negotiated this agreement and this venue at arm’s length. Pursuant to this Agreement, the parties agree that venue for litigation 228 Cooperative Fire Agreement City of La Quinta July 1, 2021 to June 30, 2024 7 of 9 shall be in the Superior Court of Riverside County. Should any party attempt to defeat this section and challenge venue in Superior Court, the party challenging venue stipulates to request the Court change venue to San Bernardino County and shall not ask for venue in any other County. Any claims or causes of actions, whether they arise out of unresolved disputes as specified in this section or claims by third parties that are made against the COUNTY, shall be submitted to the Office of the Clerk of the Board for the County of Riverside in a timely manner. For claims made against the COUNTY that involve CAL FIRE employees, to the extent permissible under the COUNTY’s contract with CAL FIRE, the claims will be forwarded on to CAL FIRE for processing. SECTION XIV: ATTORNEYS’ FEES If CITY fails to remit payments for services rendered pursuant to any provision of this Agreement, COUNTY may seek recovery of fees through litigation, in addition to all other remedies available. In the event of litigation between COUNTY and CITY to enforce any of the provisions of this Agreement or any right of either party hereto, the unsuccessful party to such litigation agrees to pay the prevailing party’s costs and expenses, including reasonable attorneys’ fees, all of which shall be included in and as a part of the judgment rendered in such litigation. SECTION XV: DELIVERY OF NOTICES Any notices to be served pursuant to this Agreement shall be considered delivered when deposited in the United States mail and addressed to: COUNTY OF RIVERSIDE CITY OF LA QUINTA Riverside County Fire Chief City Manager 210 West San Jacinto Avenue City of La Quinta Perris, CA 92570 78-495 Calle Tampico La Quinta, CA 92253 Provisions of this section do not preclude any notices being delivered in person to the addresses shown above. Delivery in person shall constitute service hereunder, effective when such service is made. SECTION XVI: ENTIRE CONTRACT This Agreement contains the whole contract between the parties for the provision of Fire Services. It may be amended or modified upon the mutual written consent of the parties hereto where in accordance with applicable state law. This Agreement does NOT supplement other specific agreements entered into by both parties for equipment or 229 Cooperative Fire Agreement City of La Quinta July 1, 2021 to June 30, 2024 8 of 9 facilities, and excepting those equipment or facilities agreements, this Agreement cancels and supersedes any previous agreement for the same or similar services. [Signature Provisions on following page] 230 Cooperative Fire Agreement City of La Quinta July 1, 2021 to June 30, 2024 9 of 9 IN WITNESS, WHEREOF, the duly authorized officials of the parties hereto have, in their respective capacities, set their hands as of the date first hereinabove written. CITY OF LA QUINTA Dated: ___________________________ By: ____________________________ Jon McMillen, City Manager ATTEST: APPROVED AS TO FORM: By: _____________________________ By: _____________________________ Monika Radeva, City Clerk William H. Ihrke, City Attorney (SEAL) COUNTY OF RIVERSIDE Dated: ___________________________ By: _____________________________ Chair, Board of Supervisors ATTEST: APPROVED AS TO FORM: GREGORY P. PRIAMOS, KECIA HARPER County Counsel Clerk of the Board By: _____________________________ By: _____________________________ Deputy MELISSA R. CUSHMAN Deputy County Counsel (SEAL) F:\data\RRU County Finance\Contract Cities\COOPERATIVE AGREEMENT\TEMPLATE\COOPERATIVE AGREEMENTS\TEMPLATE COOPERATIVE AGREEMENT 20210316.docx 231 ($227,670) $100,084 $444,129 $316,542 6,820,177$ 7,147,932$ 7,491,977$ 21,460,086$ TOTAL CITY BUDGET ESTIMATE FOR FY2021/2022 THRU FY2023/2024 CITY BUDGET COST ESTIMATE (without Tax Credit) FISCAL YEAR 2021/2022 FISCAL YEAR 2022/2023 FISCAL YEAR 2023/2024 FISCAL YEAR 2021/2022 TOTAL CITY BUDGET ESTIMATE FOR FY2021/2022 THRU FY2023/2024 FISCAL YEAR 2022/2023 FISCAL YEAR 2023/2024 CITY BUDGET COST ESTIMATE (with Tax Credit) EXHIBIT "A" DATED JULY 1, 2021 FOR FY2021/2022 THRU FY2023/2024 MEDICAL EMERGENCY FOR THE CITY OF LA QUINTA TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PREVENTION, RESCUE, FIRE MARSHAL AND 232 CAPTAINS CAPTAIN MEDICS ENGINEERS ENGINEER MEDICS FF II FFII MEDICS TOTALS STA #32 Medic Engine 225,271 1 198,282 1 347,662 2 399,919 2 1,171,135 6 STA #70 Medic Engine 225,271 1 198,282 1 347,662 2 399,919 2 1,171,135 6 STA #93 Medic Engine 225,271 1 226,431 1 347,662 2 399,919 2 1,199,283 6 226,431 1 399,919 2 626,350 3 198,282 1 226,431 1 199,960 1 624,673 3 SUBTOTALS 675,813 594,846 679,293 1,042,986 1,799,637 $4,792,576 3 3 3 6 9 24 161,564 161,564 1 $161,564 25 ESTIMATED SUPPORT SERVICES (Fire Cost Allocation Plan) Administrative/Operational (Schedule A)16,082 418,299 26.01 Volunteer Program (Schedule B)5,504 5,504 1 Medic Program (Schedule C)10,648 Medic FTE and 1,370 per Defib 135,930 12.38 Battalion Chief Support (Schedule D)78,644 235,932 3 ECC Support (Schedule E)28.12 per Call and 18,529 per Station 184,975 Fleet Support (Schedule F)65,330 195,991 3 Comm/IT Support (Schedule G 41.21 per Call and 27,160 per Station 271,107 Hazmat Support (Schedule I)1,096 per Call and 4,468 per Station 22,965 $1,470,705 56,906 36,250 108,750 3 229,677 12.50% 26.01 $6,820,177 *(7,047,848) ($227,670) *(2,103,300) (5,132,548) 188,000 ($7,047,848) 3 Fire Stations 24.0 4,602 Number of Calls 1.13 12.38 Assigned Medic FTE 0.88 3 Monitors/Defibs **26.01 3 Hazmat Stations 7 Number of Hazmat Calls SUPPORT SERVICES SUBTOTAL Total Assigned Staff Indio Truck (12.5%) Assigned Staff TOTAL ESTIMATED TAX FUNDING total contract transfer Per Entity Allocation .29 FTE per Station COOPERATIVE TRUCK AGREEMENT 12.5% *See notation below for estimate assumptions EXHIBIT "A" per assigned Staff ** Vac. Relief - Engine FIRE SAFETY SPECIALIST (PCN 114438) Fixed Relief SUBTOTAL STAFF SUBTOTAL each MEDICAL EMERGENCY FOR THE CITY OF LA QUINTA DATED JULY 1, 2021 FOR FY2021/2022 TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PREVENTION, RESCUE, FIRE MARSHAL AND TOTAL ESTIMATED CITY BUDGET TOTAL STAFF COUNT NET ESTIMATED CITY BUDGET LA QUINTA ESTIMATED FIRE TAX CREDIT Battalion Chief Support ESTIMATED REDEVELOPMENT PASS THRU STRUCTURAL FIRE TAXES per Fire Suppression Equip DIRECT CHARGES FIRE ENGINE USE AGREEMENT each engine FY21/22 EXHIBIT "A" CITY OF LA QUINTA Page 2 of 7 233 SUPPORT SERVICES (Fire Cost Allocation Plan) Administrative & Operational Services Finance Procurement Training Emergency Services Data Processing Fire Fighting Equip. Accounting Office Supplies/Equip. Personnel Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance FY 21/22 POSITION SALARIES TOP STEP (per assumptions below) 316,514 36,250 312,336 16,082 263,060 5,504 225,271 10,648 254,658 1,370 198,282 78,644 226,431 18,529 173,831 28.12 199,960 65,330 173,935 27,160 161,564 41.21 141,812 1,442 83,148 418.92 94,600 4,468 179,773 COUNTY DEPUTY FIRE MARSHAL 1,095.74 1,891 520230 522340 Station Budgeted Maint-Building and Improvement 520300 522360 Maint-Extermination 520320 522380 Maint-Critical Systems 520800 522410 Maint-Health & Safety 520805 522860 Medical Supplies 520830 522890 Pharmaceuticals 520840 523220 Licenses And Permits 520845 523680 Office Equip Non Fixed Assets 521380 526700 Rent-Lease Building 521440 529500 Electricity 521540 529510 Heating Fuel 521660 529550 Water 521680 537240 Interfnd Exp-Utilities 522310 542060 Capital Improvements Facilities Medic Program - Support staff, Training, Certification, Case Review & Reporting, Monitor/ Battalion Chief Support - Pooled BC coverage for Cities/Agencies that do not include BC staffing FIRE ENGINE FF II SRVDEL VOL DEL MEDIC FTE *Cost Assumptions: BAT CHIEF CAPT Laundry Services Household Furnishings - Estimated Support Services based on assumptions above - Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2021-22 dated February 2021 - Prelim - Direct cost of benefits (COBEN) is based on 1st Qtr AO-17 data. HAZMAT VEHICLE REPLACEMENT Maint-Telephone Maint-Underground Tanks Maint-Building and Improvemen Trash Maint-Copier Machines Maint-Kitchen Equipment Cellular Phone Pager Service Telephone Service Household Expense Appliances Maint-Office Equipment - All Salaries based on FINAL Salary, Pay Differentials, and Operating Expenses Schedule FY 2021-2022 Dated January 12, 2021 FY 21/22 DIRECT BILL ACCOUNT CODES FIRE SAFETY SUPERVISOR FIRE SAFETY SPECIALIST FIRE SYSTEMS INSPECTOR OFFICE ASSISTANT III SECRETARY I CAPT MEDIC support functions Defibrillator replacement cyc as part of their contracted services. ENG ENG/MEDIC HAZMAT STATION DIV CHIEF Emergency Command Center Support - Dispatch services costs HAZMAT CALLS BATT DEL ECC STATION ECC CALLS Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs Communications / IT Support - Support staff, communications, radio maintenance, computer DEPUTY CHIEF Facility Support - Facility maitenance staff with associated operating costs. FACILITY FTE FF II/MEDIC MEDIC MONITORS/DEFIBS REPLACEMENT FLEET SUPPORT COMM/IT STATION Hazmat Program - Support staff, operating costs, and vehicle replacement COMM/IT CALLS FACILITY STATION FY21/22 EXHIBIT "A" CITY OF LA QUINTA Page 3 of 7 234 CAPTAINS CAPTAIN MEDICS ENGINEERS ENGINEER MEDICS FF II FFII MEDICS TOTALS STA #32 Medic Engine 236,535 1 208,196 1 365,045 2 419,915 2 1,229,691 6 STA #70 Medic Engine 236,535 1 208,196 1 365,045 2 419,915 2 1,229,691 6 STA #93 Medic Engine 236,535 1 237,752 1 365,045 2 419,915 2 1,259,248 6 237,752 1 419,915 2 657,668 3 208,196 1 237,752 1 209,958 1 655,906 3 SUBTOTALS 709,604 624,589 713,257 1,095,135 1,889,619 $5,032,205 3 3 3 6 9 24 164,796 164,796 1 $164,796 25 ESTIMATED SUPPORT SERVICES (Fire Cost Allocation Plan) Administrative/Operational (Schedule A)16,886 439,214 26.01 Volunteer Program (Schedule B)5,779 5,779 1 Medic Program (Schedule C)11,180 Medic FTE and 1,439 per Defib 142,726 12.38 Battalion Chief Support (Schedule D)82,576 247,729 3 ECC Support (Schedule E)29.52 per Call and 19,455 per Station 194,224 Fleet Support (Schedule F)68,597 205,791 3 Comm/IT Support (Schedule G 43.27 per Call and 28,518 per Station 284,662 Hazmat Support (Schedule I)1,151 per Call and 4,691 per Station 24,114 $1,544,240 56,906 36,250 108,750 3 241,036 12.50% 26.01 $7,147,932 *(7,047,848) $100,084 *(2,103,300) (5,132,548) 188,000 ($7,047,848) 3 Fire Stations 24.0 4,602 Number of Calls 1.13 12.38 Assigned Medic FTE 0.88 3 Monitors/Defibs **26.01 3 Hazmat Stations 7 Number of Hazmat Calls EXHIBIT "A" TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PREVENTION, RESCUE, FIRE MARSHAL AND MEDICAL EMERGENCY FOR THE CITY OF LA QUINTA DATED JULY 1, 2021 FOR FY2022/2023 Vac. Relief - Engine SUBTOTAL STAFF FIRE SAFETY SPECIALIST (PCN 114438)each *See notation below for estimate assumptions Fixed Relief .29 FTE per Station SUBTOTAL per assigned Staff ** Per Entity Allocation DIRECT CHARGES FIRE ENGINE USE AGREEMENT each engine COOPERATIVE TRUCK AGREEMENT 12.5% per Fire Suppression Equip SUPPORT SERVICES SUBTOTAL NET ESTIMATED CITY BUDGET STRUCTURAL FIRE TAXES ESTIMATED REDEVELOPMENT PASS THRU total contract transfer TOTAL ESTIMATED TAX FUNDING TOTAL STAFF COUNT TOTAL ESTIMATED CITY BUDGET LA QUINTA ESTIMATED FIRE TAX CREDIT Assigned Staff Indio Truck (12.5%) Battalion Chief Support Total Assigned Staff FY22/23 EXHIBIT "A" CITY OF LA QUINTA Page 4 of 7 235 SUPPORT SERVICES (Fire Cost Allocation Plan) Administrative & Operational Services Finance Procurement Training Emergency Services Data Processing Fire Fighting Equip. Accounting Office Supplies/Equip. Personnel FY 22/23 POSITION SALARIES TOP STEP (per assumptions below) 332,340 36,250 327,953 16,886 276,213 5,779 236,535 11,180 267,391 1,439 208,196 82,576 237,752 19,455 182,523 29.52 209,958 68,597 177,414 28,518 164,796 43.27 144,649 1,514 84,811 439.86 96,492 4,691 183,369 COUNTY DEPUTY FIRE MARSHAL 1,150.52 1,986 - Projected increase of 5% to Safety & 2% Non-Safety Staff and 5% Support Services from previous FY21/22. 520230 522340 Station Budgeted Maint-Building and Improvement 520300 522360 Maint-Extermination 520320 522380 Maint-Critical Systems 520800 522410 Maint-Health & Safety 520805 522860 Medical Supplies 520830 522890 Pharmaceuticals 520840 523220 Licenses And Permits 520845 523680 Office Equip Non Fixed Assets 521380 526700 Rent-Lease Building 521440 529500 Electricity 521540 529510 Heating Fuel 521660 529550 Water 521680 537240 Interfnd Exp-Utilities 522310 542060 Capital Improvements Facilities Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance Medic Program - Support staff, Training, Certification, Case Review & Reporting, Monitor/ Emergency Command Center Support - Dispatch services costs Communications / IT Support - Support staff, communications, radio maintenance, computer support functions Defibrillator replacement cyc Battalion Chief Support - Pooled BC coverage for Cities/Agencies that do not include BC staffing as part of their contracted services. Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs DIV CHIEF SRVDEL BAT CHIEF VOL DEL CAPT MEDIC FTE Facility Support - Facility maitenance staff with associated operating costs. Hazmat Program - Support staff, operating costs, and vehicle replacement DEPUTY CHIEF FIRE ENGINE FF II ECC CALLS FF II/MEDIC FLEET SUPPORT FIRE SAFETY SUPERVISOR COMM/IT STATION CAPT MEDIC MEDIC MONITORS/DEFIBS REPLACEMENT ENG BATT DEL ENG/MEDIC ECC STATION SECRETARY I HAZMAT STATION HAZMAT CALLS HAZMAT VEHICLE REPLACEMENT FIRE SAFETY SPECIALIST COMM/IT CALLS FIRE SYSTEMS INSPECTOR FACILITY STATION OFFICE ASSISTANT III FACILITY FTE FY 22/23 DIRECT BILL ACCOUNT CODES Cellular Phone Pager Service Telephone Service *Cost Assumptions: - All Salaries based on FINAL Salary, Pay Differentials, and Operating Expenses Schedule FY 2021-2022 Dated January 12, 2021 - Direct cost of benefits (COBEN) is based on 1st Qtr AO-17 data. - Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2021-22 dated February 2021 - Prelim Maint-Kitchen Equipment Maint-Office Equipment Maint-Telephone Maint-Underground Tanks Maint-Building and Improvemen Household Expense Appliances Laundry Services Household Furnishings Trash Maint-Copier Machines FY22/23 EXHIBIT "A" CITY OF LA QUINTA Page 5 of 7 236 CAPTAINS CAPTAIN MEDICS ENGINEERS ENGINEER MEDICS FF II FFII MEDICS TOTALS STA #32 Medic Engine 248,361 1 218,606 1 383,297 2 440,911 2 1,291,176 6 STA #70 Medic Engine 248,361 1 218,606 1 383,297 2 440,911 2 1,291,176 6 STA #93 Medic Engine 248,361 1 249,640 1 383,297 2 440,911 2 1,322,210 6 249,640 1 440,911 2 690,551 3 218,606 1 249,640 1 220,456 1 688,702 3 SUBTOTALS 745,084 655,818 748,920 1,149,892 1,984,100 $5,283,815 3 3 3 6 9 24 168,091 168,091 1 $168,091 25 ESTIMATED SUPPORT SERVICES (Fire Cost Allocation Plan) Administrative/Operational (Schedule A)17,731 461,175 26.01 Volunteer Program (Schedule B)6,068 6,068 1 Medic Program (Schedule C)11,739 Medic FTE and 1,511 per Defib 149,863 12.38 Battalion Chief Support (Schedule D)86,705 260,116 3 ECC Support (Schedule E)31.00 per Call and 20,428 per Station 203,935 Fleet Support (Schedule F)72,027 216,080 3 Comm/IT Support (Schedule G 45.43 per Call and 29,944 per Station 298,895 Hazmat Support (Schedule I)1,208 per Call and 45.43 per Station 25,319 $1,621,452 56,906 36,250 108,750 3 252,963 12.50% 26.01 $7,491,977 *(7,047,848) $444,129 *(2,103,300) (5,132,548) 188,000 ($7,047,848) 3 Fire Stations 24.0 4,602 Number of Calls 1.13 12.38 Assigned Medic FTE 0.88 3 Monitors/Defibs **26.01 3 Hazmat Stations 7 Number of Hazmat Calls EXHIBIT "A" TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PREVENTION, RESCUE, FIRE MARSHAL AND MEDICAL EMERGENCY FOR THE CITY OF LA QUINTA DATED JULY 1, 2021 FOR FY2023/2024 Vac. Relief - Engine SUBTOTAL STAFF FIRE SAFETY SPECIALIST (PCN 114438)each *See notation below for estimate assumptions Fixed Relief .29 FTE per Station SUBTOTAL per assigned Staff ** Per Entity Allocation DIRECT CHARGES FIRE ENGINE USE AGREEMENT each engine COOPERATIVE TRUCK AGREEMENT 12.5% per Fire Suppression Equip SUPPORT SERVICES SUBTOTAL NET ESTIMATED CITY BUDGET STRUCTURAL FIRE TAXES ESTIMATED REDEVELOPMENT PASS THRU total contract transfer TOTAL ESTIMATED TAX FUNDING TOTAL STAFF COUNT TOTAL ESTIMATED CITY BUDGET LA QUINTA ESTIMATED FIRE TAX CREDIT Assigned Staff Indio Truck (12.5%) Battalion Chief Support Total Assigned Staff FY23/24 EXHIBIT "A" CITY OF LA QUINTA Page 6 of 7 237 SUPPORT SERVICES (Fire Cost Allocation Plan) Administrative & Operational Services Finance Procurement Training Emergency Services Data Processing Fire Fighting Equip. Accounting Office Supplies/Equip. Personnel Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance FY 23/24 POSITION SALARIES TOP STEP (per assumptions below) 348,957 36,250 344,350 17,731 290,023 6,068 248,361 11,739 280,761 1,511 218,606 86,705 249,640 20,428 191,649 31.00 220,456 72,027 180,962 29,944 168,091 45.43 147,542 1,590 86,507 461.86 98,422 4,926 187,036 COUNTY DEPUTY FIRE MARSHAL 1,208.05 2,085 - Projected increase of 5% to Safety & 2% Non-Safety Staff and 5% Support Services from previous FY22/23 520230 522340 Station Budgeted Maint-Building and Improvement 520300 522360 Maint-Extermination 520320 522380 Maint-Critical Systems 520800 522410 Maint-Health & Safety 520805 522860 Medical Supplies 520830 522890 Pharmaceuticals 520840 523220 Licenses And Permits 520845 523680 Office Equip Non Fixed Assets 521380 526700 Rent-Lease Building 521440 529500 Electricity 521540 529510 Heating Fuel 521660 529550 Water 521680 537240 Interfnd Exp-Utilities 522310 542060 Capital Improvements Facilities Medic Program - Support staff, Training, Certification, Case Review & Reporting, Monitor/ Emergency Command Center Support - Dispatch services costs Communications / IT Support - Support staff, communications, radio maintenance, computer Defibrillator replacement cycle. support functions Battalion Chief Support - Pooled BC coverage for Cities/Agencies that do not include BC staffing as part of their contracted services. Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs DIV CHIEF SRVDEL BAT CHIEF VOL DEL CAPT MEDIC FTE Facility Support - Facility maitenance staff with associated operating costs. Hazmat Program - Support staff, operating costs, and vehicle replacement DEPUTY CHIEF FIRE ENGINE FF II ECC CALLS FF II/MEDIC FLEET SUPPORT FIRE SAFETY SUPERVISOR COMM/IT STATION CAPT MEDIC MEDIC MONITORS/DEFIBS REPLACEMENT ENG BATT DEL ENG/MEDIC ECC STATION SECRETARY I HAZMAT STATION HAZMAT CALLS HAZMAT VEHICLE REPLACEMENT FIRE SAFETY SPECIALIST COMM/IT CALLS FIRE SYSTEMS INSPECTOR FACILITY STATION OFFICE ASSISTANT III FACILITY FTE FY 23/24 DIRECT BILL ACCOUNT CODES Cellular Phone Pager Service Telephone Service *Cost Assumptions: - All Salaries based on FINAL Salary, Pay Differentials, and Operating Expenses Schedule FY 2021-2022 Dated January 12, 2021 - Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2021-22 dated February 2021 - Prelim - Direct cost of benefits (COBEN) is based on 1st Qtr AO-17 data. Maint-Kitchen Equipment Maint-Office Equipment Maint-Telephone Maint-Underground Tanks Maint-Building and Improvemen Household Expense Appliances Laundry Services Household Furnishings Trash Maint-Copier Machines FY23/24 EXHIBIT "A" CITY OF LA QUINTA Page 7 of 7 238 Exhibit “B” CITY OF LA QUINTA 1 of 2 EXHIBIT “B” TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL AID FOR THE CITY OF LA QUINTA DATED JULY 1, 2021 PAYMENT FOR SERVICES ADDITIONAL SERVICES A. CREDIT TO CITY Of the sum CITY has appropriated to provide fire protection services within the area of responsibility of CITY, COUNTY shall allow a credit to CITY in the estimated amount that represents 100% of the annual structural fire taxes collected by the County and annual Redevelopment Pass Thru Funds in excess of $188,300 collected by COUNTY within the areas of responsibility of CITY. The amount of this credit shall be determined by the County Auditor-Controller prior to the COUNTY’s billing of its claim for services with CITY as approved herein. The claim filed by COUNTY with CITY shall be those expenses in excess of the credit allowed to CITY. If the credit allowed to CITY is in excess of the expenses, any excess credit will be deposited by the COUNTY into a trust fund for future fire facilities, equipment and/or services within CITY. The procedures for use of the trust funds are outlined as follows: B. TRUST FUND PROCEDURES The excess credit deposited in a trust fund for Fiscal Year 2018/2019 and for subsequent fiscal years during the term of this Agreement shall be expended, dispersed and accounted for as follows: The trust funds may be used for future fire facilities, equipment, or for future services, at CITY’s option. CITY shall have the right to designate the use of the trust funds for one or more of these purposes. If CITY opts to utilize the trust funds for fire facilities being constructed or rehabilitated in CITY, COUNTY shall, upon CITY’s request, release the funds for that purpose to CITY, or to CITY’s designee, within 30 days of receiving CITY’s written notification of its option. If CITY opts to utilize the trust funds for equipment purchase or equipment rental, COUNTY shall, upon CITY’s request, release the funds for that purpose to CITY or to CITY’s designee, within 30 days of receiving CITY’s written notification of its option. 239 Exhibit “B” CITY OF LA QUINTA 2 of 2 If CITY opts to utilize the trust funds for services, it may either request increased services or supplement the fund as a credit applied to future service costs. The trust funds shall be maintained in an interest-bearing account. The interest earned shall be added to the amount of the trust fund. COUNTY shall provide an annual accounting of the trust fund amount to CITY by August 1, 2021, and by August 1st of each year thereafter, during the term of this Agreement. CITY shall review the accounting within 30 days of receipt, and shall notify COUNTY of any dispute or objection thereto. CITY and COUNTY shall reconcile any dispute within 30 days thereafter. If any amount remains in the trust funds upon the effective date of the termination of this Agreement, the funds shall be returned to CITY within 30 days of the date of the termination, unless extended. CITY agrees that the returned funds shall only be used for fire service, equipment and fire facilities. 240 Exhibit “C” CITY OF LA QUINTA Page 1 of 2 EXHIBIT “C” TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE, FIRE MARSHAL AND MEDICAL EMERGENCY SERVICES FOR THE CITY LA QUINTA DATED JULY 1, 2021 PAYMENT FOR SERVICES ADDITIONAL SERVICES FIRE ENGINE USE AGREEMENT Station 32 Engine E32, RCO No. 08-881 $ 36,250.00 Station 70 Engine E70, RCO No. 07-851 $ 36,250.00 Station 93 Engine E93, RCO No. 15-835 $ 36,250.00 $ 108,750.00 The Fire Engine Use Agreement is utilized in the event that a fire engine(s) which was initially purchased by the CITY, and then the CITY elects to have the COUNTY take responsibility of said fire engine(s). The Fire Engine Use Agreement guarantees the CITY the use of this fire engine(s), the COUNTY network of equipment, and resources of the COUNTY. This fire engine(s) shall be used as an integrated unit for Fire Services as set forth in this Cooperative Agreement between the COUNTY and CITY, and shall be stationed primarily in the CITY. The change in ownership of the fire engine does not waive or supersede any responsibilities of the CITY pursuant to this agreement. This exhibit is strictly to further detail for the CITY, the responsibilities and costs associated within the Cooperative Agreement between the COUNTY and CITY; therefore, the Fire Engine Use Agreement is inseparable. The CITY will have the option of transferring title of said fire engine(s) to the COUNTY. If the CITY transfers title of said fire engine(s) to the County, the County will take ownership of the said fire engine(s), and the County will maintain insurance on said fire engine(s). If the CITY opts to maintain ownership and title of said fire engine(s), the 241 Exhibit “C” CITY OF LA QUINTA Page 2 of 2 CITY will maintain insurance on said fire engine(s). Proof of Insurance is to be provided to the COUNTY. The COUNTY will ensure a working fire engine(s) is available for the CITY at all times under this agreement. All capital improvements and/or betterments to the fire engine(s) listed above, will be the responsibility and paid for by the owner of said fire engine(s). All other maintenance and repairs to the fire engine(s) listed above, will be the responsibility and paid for by the COUNTY under this Agreement. When the Riverside County Fire Department Fleet personnel determine the fire engine(s) listed above is due for replacement, the COUNTY will purchase a new fire engine(s); and, the owner of the old fire engine(s) may survey said fire engine(s) or reallocate as a second roll response fire engine. The annual cost for this service is calculated at 1/20 of the replacement cost. The current replacement cost is $725,000. If this Agreement is entered into mid- year, the annual cost will be prorated accordingly. The CITY may opt out of this Agreement at any time in writing and the costs will be prorated accordingly by fiscal year. No refunds will be provided for any prior payments. If the fire engine(s) have been titled to the COUNTY and the fire engine(s) are still within their useful life cycle, the ownership will not revert back to the CITY unless the entire Cooperative Agreement is terminated. 242 Exhibit “D” CITY OF LA QUINTA Page 1 of 2 EXHIBIT “D” TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, FIRE MARSHAL, RESCUE AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF LA QUINTA DATED JULY 1, 2021 PAYMENT FOR ADDITIONAL SERVICES OFFICE OF THE FIRE MARSHAL AGREEMENT The Fire Marshal Agreement is utilized in the event a CITY elects to fund locally direct COUNTY Fire Marshal personnel at the CITY to perform the duties of the Office of the Fire Marshal. These duties include: For conformance with applicable laws, codes and regulations concerning fire protection and life safety - Review Planning and Development Cases for the CITY Review and inspection of construction development for the CITY State mandated Fire/Life Safety Inspections in accordance with Health and Safety Code 13146.1, 13146.2, 13146.3, 13217 and 13235 Review, Permitting and Inspection of Special Events and Fireworks Investigation of fire safety complaints Meeting with development applicants and customers Annual Business Inspection Administrative activities - Creation and maintenance of forms for review and inspection of construction development and fire/life safety inspections. Provide information to customers on CITY Ordinances and Standards for construction Creation and maintenance of Information Bulletins, Technical Policies and Standards for Fire Protection in the CITY Provide recommendations on updating CITY Ordinances and Standards in regards to fire/life safety In the event CITY desires an increase in the Office of the Fire Marshal duties services provides, CITY shall provide sixty (60) days written notice of the proposed increase in services. COUNTY is under no obligation to approve any requested increase. COUNTY shall render a written decision on whether to allow or deny the increase within thirty (30) days of the notice provided pursuant to this section. It is the CITY responsibility to provide funding for all direct operating supplies for each position in accordance with COUNTY requirements and/or standards. These supplies include, but are not limited to: Vehicle and regular maintenance Training 243 Exhibit “D” CITY OF LA QUINTA Page 2 of 2 Office space, furniture, Code & Standard reference books, and general & field supplies All IT and Communication tools (such as cell phone, computer, etc.) Uniform costs All costs including salaries and benefits will be included in each quarterly invoice as outlined in the Cooperative Agreement. The CITY may opt out of this Exhibit and eliminate funding for locally direct COUNTY Fire Marshal personnel at the CITY in writing with a minimum notice of one hundred and twenty (120) days. The costs will be prorated accordingly by services provided and fiscal year. It is the responsibility of the CITY to obtain cost recovery for the Fire Marshal services provided by these personnel for the CITY. Contract Cities\EXHIBIT D ~ Fire Marshal Services\Template Exhibit D - 20180215.docx 244 COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK COMPANY CITIES OF INDIO, LA QUINTA, & COACHELLA July 1, 2021 to June 30, 2024 1 of 7 A COOPERATIVE AGREEMENT BETWEEN THE CITY OF INDIO, THE CITY OF LA QUINTA, THE CITY OF COACHELLA, AND THE COUNTY OF RIVERSIDE TO SHARE THE COST OF A LADDER TRUCK COMPANY THIS AGREEMENT, was made and entered into this ______ day of ___________, 2021, by and between the County of Riverside, on behalf of the Fire Department, a political subdivision of the State of California, (hereinafter referred to as “COUNTY”) and the City of Indio, City of La Quinta, and the City of Coachella, each a duly created city (hereinafter each a “CITY” and collectively the “CITIES”). COUNTY and CITIES are hereinafter collectively referred to as the “Parties”. SECTION I: PURPOSE A.The COUNTY has contracted with the CITIES individually for the provision of Fire Protection, Fire Prevention, Rescue, and Medical Services in a separate cooperative agreement respectively. B.The CITIES and COUNTY desire to enter into a cost sharing agreement for a ladder truck which will be of mutual benefit for all involved agencies. C.The CITIES and COUNTY believe the ladder truck staffing cost should be equitably distributed to the participating agencies. NOW, THEREFORE, IT IS AGREED as follows: SECTION II: COOPERATIVE OPERATIONS Emergency Responses: The ladder truck shall be dispatched, when available, to all residential and commercial structure fires within the jurisdictions of the CITIES and COUNTY. The ladder truck shall also be utilized for staffing and expertise in other emergencies relating to entrapment and medical emergencies. The truck shall be located in a position to provide a response time of fifteen minutes, or less, to the CITIES. SECTION III: COST SHARE The Parties agree the cost of the ladder truck shall be billed to CITIES by the COUNTY with the normal quarterly billing pursuant to the CITIES respective cooperative agreements, and the cost will be shown as a line item on that bill. The CITIES will receive an estimated cost of the ladder truck staffing based on the top step salaries of the personnel assigned to the ladder truck, at the first of the fiscal year. The cost pool of the ladder truck shall consist of the salaries of 2.3 Fire Captains, 2.3 Fire Apparatus Engineers, 3 Firefighter II Paramedics and 1.4 Firefighters II. A maintenance budget of ATTACHMENT 2 245 COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK COMPANY CITIES OF INDIO, LA QUINTA, & COACHELLA July 1, 2021 to June 30, 2024 2 of 7 $20,000 will also be included in the cost pool. The cost shall be allocated as follows: the City of Indio contributing fifty percent (50%), the County of Riverside contributing twenty- five percent (25%), and the cities of La Quinta and Coachella each contributing twelve and one half percent (12.5%) of the actual cost of the staffing and maintenance of the ladder truck. SECTION IV: TERM The term of this Agreement shall be from July 1, 2021 to June 30, 2024. Any party to this Agreement may terminate this Agreement by providing a written notice of termination to the other party’s hereto no less than one (1) year prior to the expiration of the term hereof. If such notice is given unilaterally by COUNTY except any notice issued because of actions of the California Department of Forestry and Fire Protection (hereinafter “CAL FIRE”) or CITIES, COUNTY agrees to continue to provide Fire Services to CITIES until such time as CITIES has a reasonable opportunity to implement alternative Fire Services. In no event shall this Agreement be terminated by either party after June 30, 2023. SECTION V: INDEMNIFICATION AND HOLD HARMLESS To the fullest extent permitted by applicable law, COUNTY shall and does agree to indemnify, protect, defend and hold harmless CITIES, their agencies, districts, special districts and departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives (collectively, "City Indemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the services performed hereunder by COUNTY, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of COUNTY, its officers, employees, subcontractors, agents, or representatives (collectively, "County Liabilities"). Notwithstanding the foregoing, the only County Liabilities with respect to which COUNTY’s obligation to indemnify, including the cost to defend, the City Indemnitees does not apply is with respect to County Liabilities resulting from the negligence or willful misconduct of a City Indemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement. To the fullest extent permitted by applicable law, but subject to the limits in this paragraph, each CITY shall and does agree to indemnify, protect, defend and hold harmless COUNTY, its agencies, departments, directors, officers, agents, Board of Supervisors, elected and appointed officials and representatives (collectively, "County Indemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kind or description of any person or entity, 246 COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK COMPANY CITIES OF INDIO, LA QUINTA, & COACHELLA July 1, 2021 to June 30, 2024 3 of 7 directly or indirectly arising out of, caused by, or resulting from (1) the services performed hereunder by the respective CITY, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of the respective CITY, its officers, employees, subcontractors, agents, or representatives (collectively, "City Liabilities"). No CITY shall be required to indemnify, protect, defend and hold harmless County Indemnitees for the acts or omissions of another CITY giving rise to City Liabilities in that other City pursuant to this Agreement. Furthermore, and notwithstanding the first sentence of this paragraph, the City Liabilities with respect to which each CITY’s obligation to indemnify, including the cost to defend, the County Indemnitees does not apply with respect to City Liabilities resulting from the negligence or willful misconduct of a County Indemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement.” SECTION VI: OWNERSHIP, MAINTENANCE, REPAIRS The City of Indio owns the ladder truck and maintains the insurance on said ladder truck. The ladder truck maintenance and/or repair costs shall be paid through the cost allocation plan or as a direct invoice allocated to each Party, with the City of Indio contributing fifty percent (50%), the County of Riverside contributing twenty-five percent (25%), and the cities of La Quinta and Coachella each contributing twelve and one half percent (12.5%) of the actual cost of the maintenance and/or repair of the ladder truck. SECTION VII: DELIVERY OF NOTICES All notices permitted or required under this agreement shall be given to the respective parties at the following address, or at such other addresses as the respective parties may provide in writing for this purpose. CITY OF COACHELLA CITY OF INDIO City Manager City Manager 1515 6th Street 100 Civic Center Mall Coachella, CA 92236 Indio, CA 92201 CITY OF LA QUINTA COUNTY OF RIVERSIDE City Manager County Fire Chief 78-495 Calle Tampico 210 West San Jacinto Avenue La Quinta, CA 92247 Perris, CA 92570 Any notice required to be given hereunder to either party shall be given by personal delivery or be deposited in the U.S. mail to the address listed, certified with return receipt requested, and pre-paid postage affixed. Such notice shall be deemed made when personally delivered or when mailed. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of method of service. 247 COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK COMPANY CITIES OF INDIO, LA QUINTA, & COACHELLA July 1, 2021 to June 30, 2024 4 of 7 SECTION VIII: GENERAL PROVISIONS A.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. B.DISPUTES CITIES shall select and appoint a “Contract Administrator” who shall, under the supervision and direction of CITIES, be available for contract resolution or policy intervention with COUNTY, when, upon determination by the Chief that a situation exists under this Agreement in which a decision to serve the interest of CITIES has the potential to conflict with COUNTY interest or policy. Any dispute concerning a question of fact arising under the terms of this Agreement which is not disposed of within a reasonable period of time by the CITIES and COUNTY employees normally responsible for the administration of this Agreement shall be brought to the attention of the Chief Executive Officer (or designated representative) of each organization for joint resolution. For purposes of this provision, a “reasonable period of time” shall be ten (10) calendar days or less. CITIES and COUNTY agree to continue with the responsibilities under this Agreement during any dispute. Disputes that are not resolved informally by and between CITIES and COUNTY representatives may be resolved, by mutual agreement of the parties, through mediation. Such mediator will be jointly selected by the parties. The costs associated with mediator shall be shared equally among the participating parties. If the mediation does not resolve the issue(s), or if the parties cannot agree to mediation, the parties reserve the right to seek remedies as provided by law or in equity. The parties agree, pursuant to Battaglia Enterprises v. Superior Court (2013) 215 Cal.App.4th 309, that each of the parties are sophisticated and negotiated this agreement and this venue at arm’s length. Pursuant to this Agreement, the parties agree that venue for litigation shall be in the Superior Court of Riverside County. Should any party attempt to defeat this section and challenge venue in Superior Court, the party challenging venue stipulates to request the Court change venue to San Bernardino County and shall not ask for venue in any other County. Any claims or causes of actions, whether they arise out of unresolved disputes as specified in this Section or claims by third parties that are made against the COUNTY, shall be submitted to the Office of the Clerk of the Board for the County of Riverside in a timely manner. For claims made against the COUNTY that involve CAL FIRE employees, to the extent permissible under the COUNTY’s contract with CAL FIRE, the claims will be forwarded on to CAL FIRE for processing. 248 COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK COMPANY CITIES OF INDIO, LA QUINTA, & COACHELLA July 1, 2021 to June 30, 2024 5 of 7 C.WAIVER Any waiver by any of the Parties, separately or collectively, of any breach of any one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term thereof. Failure on the part of the Parties to require exact, full and complete compliance with any terms of this Agreement shall not be construed as in any manner changing the terms hereof, or estopping any one of the CITIES or COUNTY from enforcement hereof. D.SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. E.ADMINISTRATION 1. The COUNTY Fire Chief shall administer this Agreement on behalf of the County of Riverside. 2. The CITIES respective City Manager shall administer this Agreement on behalf of its own CITIES. F.ATTORNEY’S FEES If CITIES fail to remit payments for services rendered pursuant to any provision of this Agreement, COUNTY may seek recovery of fees through litigation, in addition to all other remedies available. In the event of litigation between COUNTY and CITIES to enforce any of the provisions of this Agreement or any right of either party hereto, the unsuccessful party to such litigation agrees to pay the prevailing party’s costs and expenses, including reasonable attorneys’ fees, all of which shall be included in and as a part of the judgment rendered in such litigation. G.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. [SIGNATURE PROVISIONS ON NEXT PAGE] 249 COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK COMPANY CITIES OF INDIO, LA QUINTA, & COACHELLA July 1, 2021 to June 30, 2024 6 of 7 IN WITNESS WHEREOF, the duly authorized officials of the parties hereto have, in their respective capacities, set their hands as of the date first hereinabove written. CITY OF COACHELLA Dated: _______________________ By: __________________________ Steven Hernandez, City Mayor ATTEST: APPROVED AS TO FORM: By: __________________________ By: __________________________ Angela M. Zepeda, City Clerk Carlos Campos, City Attorney (SEAL) CITY OF INDIO Dated: _______________________ By: __________________________ Elaine Holmes, City Mayor ATTEST: APPROVED AS TO FORM: By: __________________________ By: __________________________ Cynthia Hernandez, City Clerk Roxanne Diaz, City Attorney (SEAL) [ADDITIONAL SIGNATURE PROVISIONS ON NEXT PAGE] 250 COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK COMPANY CITIES OF INDIO, LA QUINTA, & COACHELLA July 1, 2021 to June 30, 2024 7 of 7 CITY OF LA QUINTA Dated: _______________________ By: __________________________ Jon McMillen, City Manager ATTEST: APPROVED AS TO FORM: By: __________________________ By: __________________________ Monika Radeva, City Clerk William H. Ihrke, City Attorney (SEAL) COUNTY OF RIVERSIDE Dated: ________________________ By: __________________________ Chairman, Board of Supervisors ATTEST: APPROVED AS TO FORM: GREGORY P. PRIAMOS, KECIA HARPER-IHEM County Counsel Clerk of the Board By: _____________________ By: ____________________________ Deputy GREGORY P. PRIAMOS, County Counsel (SEAL) F:\data\RRU County Finance\Contract Cities\COOPERATIVE AGREEMENT\COST SHARE LADDER TRUCK COOPERATIVE AGREEMENT - COACHELLA, INDIO, LA QUINTA, COUNTY\LADDER TRUCK Cooperative Agreement w-Coachella Indio and La Quinta 07012021-06302024 20210209.docx 251 252 City of La Quinta CITY COUNCIL MEETING: June 1, 2021 STAFF REPORT AGENDA TITLE: APPROVE THIRD ROUND COMMUNITY SERVICES GRANTS FOR FISCAL YEAR 2020/21 RECOMMENDATION Approve third round Community Services Grants for fiscal year 2020/21. EXECUTIVE SUMMARY •The Council considers Community Services Grants and Economic Development/Marketing funding requests three times per fiscal year. •Four grant applications were received and reviewed by the Community Services Grant Ad Hoc Committee (Committee). FISCAL IMPACT The total 2020/21 grant budget is $60,000. During the last two rounds the Council awarded $32,800 leaving a balance of $27,200 (Account No. 101-3001- 60510). The Committee recommends funding $16,500 of these requests. BACKGROUND/ANALYSIS Grants are awarded to 501(c)3 non-profit organizations that benefit La Quinta residents. Grants are limited to $5,000 per request and consecutive fiscal year funding is not allowed (Attachment 1). Council created a Starter Grant category for organizations applying for the first time. This allows first time applicants up to $500 of funding and eligibility to apply again the next fiscal year. The Committee did request staff look at ways to recognize grant recipients and promote the programs/services that have been funded by this grant opportunity. The Committee, comprised of Mayor Pro-Tem Radi and Council Member Sanchez, reviewed the applications and recommended the following: BUSINESS SESSION ITEM NO. 2 253 Applicant Requested Committee Recommendation Big Brothers Big Sisters of the Desert $5,000 $5,000 Gold RiteCare Childhood Language Center $5,000 $1,500 La Quinta High School Blackhawk Brigade $4,040 $5,000 Warrior One Camp $5,000 $5,000 Total $19,040 $16,500 *Starter Grant Recipient Attachment 2 presents all submitted grant requests. All applications are available for review in the Community Resources Department. ALTERNATIVES Council may modify and/or deny funding for any or all grant applications received. Prepared by: Christina Calderon, Community Resources Manager Approved by: Chris Escobedo, Community Resources Director Attachments: 1. City of La Quinta Grant Guidelines 2. Grant Request Descriptions 254 The City of La Quinta offers a grant program for community services support. •Community Services Grants go to recognized nonprofit organizations that benefit the residents of La Quinta. •Grants are considered and funded up to three times per year (rounds). •All three rounds are held within the city’s fiscal year (July 1 – June 30). •Organizations that have been funded are ineligible for funding for the next fiscal year. •All funding requests are limited to an amount not to exceed $5,000. Q: How much money is available? A: Requests are limited to an amount not to exceed $5,000. Any funding amount requested could be adjusted to a lesser amount at the discretion and approval of the City Council. Q: Who can apply for this grant? A: Applications are accepted from recognized nonprofit organizations that directly benefit La Quinta residents. Second consideration is given to nonprofit organizations that indirectly affect the quality of life for the residents of La Quinta. Q: Can an individual apply for this grant? A: No, individuals are not eligible for funding through the City of La Quinta grant program. Q: What if my organization is applying for a grant for the first time? A: Organizations applying to the Community Services Grant program for the first time are eligible for a “Starter Grant” The “Starter Grant” allows first time applicants grant funding up to $500 if they demonstrate their commitment to provide services to the La Quinta community. If an organization is selected to receive the “Starter Grant” they would then be eligible to apply to the program again the next fiscal year. Q: Can my organization request “seed” money for a start-up? A: Yes, organizations can request “seed” money, however they are required to obtain matching funds from other sources in the same fiscal year before the grant funds will be released. Q: Is my organization eligible if we received Community Development Block Grant (CDBG) funds? A: No, organizations that receive CDBG funds from the City of La Quinta during the same fiscal year are not eligible for funding. Q: Is my organization eligible if we received Community Services Grant (CSG) funds in the past? A: Yes, and No. Organizations that were funded before June 30, 2019 are now eligible to apply. Organizations that were funded after July 1, 2019 are ineligible for funding and must wait until July 1, 2021 to re-apply. What you need to do: 1.Determine eligibility based on the information provided above. If eligible, proceed to step 2. 2.Review the grants calendar for submission dates (in red). If within due date, proceed to step 3. 3.Fill out the grant application. Once completed proceed to step 4. 4.Submit application via email to ccalderon@laquintaca.gov, or in person to the Wellness Center. a.The Wellness Center is located at 78450 Avenida La Fonda, La Quinta, CA 92253. The next steps: 5.Applications are received and reviewed by staff to ensure eligibility and completeness. 6.Completed grant applications will be reviewed by a designated Grant Review Committee (in blue). a.The committee’s review includes: consideration of the funding amount, the intended use of the funds, and the organizations service to the community. If the committee approves the application, they will then recommend for approval to the City Council. 7.Committee approved applications are submitted to the City Council for consideration and approval (in green) 8.If approved, funds will be dispersed to grantee (in white ) and can be spent over a 12 month period. 9.Funding expenditures will need to be reported to the city at 6 months and a full reconciliation form with supporting documentation will be due before the end of the 12 month period. For more information on the City of La Quinta Grant program, please contact the Community Resources Department at the Wellness Center 760.564-0096 or at 760.777.7183 COMMUNITY SERVICES GRANT OVERVIEW IS MY ORGANIZATION ELIGIBLE? THE PROCESS… ATTACHMENT 1 255 The City of La Quinta offers a grant program for marketing and event sponsorship. •Marketing/Sponsorship Grants go to nonprofit organizations that would benefit the City of La Quinta in a marketing capacity. •Economic Development Grants go to organizations that will help strengthen the business community in La Quinta. •Grants are considered and funded up to three times per year (rounds). •Organizations that have been funded are ineligible for funding for the next fiscal year. •All three rounds are held within the city’s fiscal year (July 1- June 30). •All funding requests must include a detailed marketing/media plan to be considered. Q: How much money is available? A: Requests are limited to an amount not to exceed $5,000. A second tier is available for Economic Development/Marketing requests above $5,000 (submission of a detailed marketing/media plan is required). For Economic Development/Marketing requests above $5,000, an in depth review will be conducted by the La Quinta Marketing Committee. Any funding amount requested could be adjusted to a lesser amount at the discretion and approval of the City Council. Q: Who can apply for this grant? A: Applications are accepted from recognized organizations that would benefit the City of La Quinta in a marketing capacity. Second consideration is given to organizations that indirectly affect the quality of life for the residents of La Quinta. Q: Can an individual apply for this grant? A: No, individuals are not eligible for funding through the City of La Quinta grant program. Q: Can my organization request “seed” money for a start-up? A: Yes, organizations can request “seed” money; however they are required to obtain matching funds from other sources in the same fiscal year before the grant funds will be released. Q: Is my organization eligible if we received Community Development Block Grant (CDBG) funds? A: No, organizations that receive CDBG funds from the City of La Quinta during the same fiscal year are not eligible for funding. Q: Is my organization eligible if we received Community Services Grant (CSG) funds in the past? A: Yes, and No. Organizations that were funded before June 30, 2019 are now eligible to apply. Organizations that were funded after July 1, 2019 are ineligible for funding and must wait until July 1, 2021 to re-apply. What you need to do: 1.Determine eligibility based on the information provided above. If eligible, proceed to step 2. 2.Review the grants calendar for submission dates (in red). If within due date, proceed to step 3. 3.Fill out the grant application. Once completed proceed to step 4. 4.Submit application via email to ccalderon@laquintaca.gov, or in person to the Wellness Center. a.The Wellness Center is located at 78450 Avenida La Fonda, La Quinta, CA 92253. The next steps: 5.Applications are received and reviewed by staff to ensure eligibility and completeness. 6.Completed grant applications will be reviewed by a designated Grant Review Committee (in blue). a.The committee’s review includes: consideration of the funding amount, the included marketing/media plans, and the amount of impressions and visitors the event would bring to the city. If the committee approves the application, they will then recommend approval to the City Council. 7.Committee approved applications are submitted to the City Council for consideration and approval (in green) 8.If approved, funds will be dispersed to grantee (in white) and can be spent over a 12 month period. 9.Funding expenditures will need to be reported to the city at 6 months and a full reconciliation form with supporting documentation will be due before the end of the 12 month period. For more information on the City of La Quinta Grant program, please contact the Community Resources Department at the Wellness Center 760.564.0096 or at 760.777.7183 MARKETING/SPONSORSHIP GRANT OVERVIEW IS MY ORGANIZATION ELIGIBLE? THE PROCESS… 256 Community Services Grants First Round JULY 2020 AUGUST SEPTEMBER OCTOBER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Second Round NOVEMBER DECEMBER JANUARY 2021 FEBRUARY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Third Round MARCH APRIL MAY JUNE 2021 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Application Due Date Ad-Hoc Committee Review City Council Decision Checks Distributed 257 258 Recommended Grant Requests: 1.Big Brothers Big Sisters of the Desert is requesting $5,000 in funding to be used to make 20 new community-based matches for youth participants. Big Brothers Big Sisters mentoring programs allow parents to work together with dedicated mentors to inspire youth to do well in school, build strong relationships, choose safe behaviors, and cultivate ambitious dreams for their futures. Due to the pandemic the organization lost a year of their ability to serve more youth because they were unable to conduct new enrollments and make new matches. Grant funding will support volunteer and child recruitment, enrollments, assessments, match making, on-going match support, and training as well as program analysis. This organization was last funded $5,000 in 2017/18. The Grant Review Committee recommends funding $5,000. 2.Gold RiteCare Childhood Language Center is requesting $5,000 in funding to help support language/speech/literacy clinical services for children who are residents of La Quinta; average cost per child per year is under $2,500. This organization provides free professional therapy for 20 children, ages 3-18 years of age, suffering from a diagnosed language impairment such as a processing disorder, articulation disorder, or a literacy disability. Their high level of parent involvement ensures that new skills are practiced and reinforced at home. This organization was last funded a $500 Starter Grant in 2018/19. The Starter Grant provided speech and language therapy for one child residing in La Quinta who received therapy on a weekly basis. The Grant Review Committee recommends funding $1,500 provided that this organization can provide how many hours of therapy service per month that the grant funding would support per child. 3.La Quinta High School Blackhawk Brigade is requesting $4,040 in funding to purchase 2 equipment carts, each one specifically designed to carry percussion equipment (1 for timpani and 1 for a drum set). These items will help with transportation of large percussion equipment into the various performance locations. The La Quinta High School Blackhawk Brigade performs as a marching band and concert ensemble and has performed at City of La Quinta events such as the 9/11 Vigil, Veterans Day Recognition, Tree Lighting, and annual city birthday celebration. This organization was last funded $5,000 in 2018/19. The Grant Review Committee recommends funding $5,000 to be used towards their equipment purchase. 4.Warrior One Camp is requesting $5,000 is funding to assist with the purchase of training equipment for their fitness training and sports camps. The equipment consists of a Muscle D Power Leverage Jammer, Leg Press Hack Squat Machine, and a Dashr Outdoor Multi-Event Laser Timing System which will assist student athletes to build their upper and lower body strength to enhance their athletic ability. This organization offers low-cost athletic training in all sports along with teaching the life-long benefits of staying fit, eating right, and living a healthy lifestyle. Warrior One Camp is a first-time applicant to the Community Services Grant program. The Grant Review Committee recommends funding up to $5,000 to be used towards fitness camps and/or 6-week fitness program. Grant funds would serve as tuition to assist with covering $75 per student to participate in fitness camps/fitness program. ATTACHMENT 2 259 260 City of La Quinta CITY COUNCIL MEETING: June 1, 2021 STAFF REPORT AGENDA TITLE: APPROVE 2021 LEGISLATIVE POLICY GUIDE UPDATES RECOMMENDATION Approve the Legislative Policy Guide updates and authorize the Mayor, one Council Member, and City Manager to issue letters within the scope of these policies. EXECUTIVE SUMMARY •The updated 2021 Legislative Policy Guide (Guide) (Attachment 1) presents the Council’s position on proposed legislation and allows the City to weigh in on legislative matters that may impact the City. •The Guide has been updated to incorporate legislative proposals that surfaced this calendar year and includes proposed legislation that would impact the City in areas such as transportation, public works, community development, public safety, COVID-19 recovery and the environment. •The Guiding Principles presented in the Guide serve as the Council’s direction on pending legislation and enable staff to immediately respond to proposed legislation in a timely matter. FISCAL IMPACT – None. BACKGROUND/ANALYSIS The legislative landscape is constantly changing, producing pending legislation that may impact the City’s ability to conduct business and provide services. The Guide enables the City to have a voice on emerging issues and allows staff to take immediate action on pressing legislation. Current issues before the legislature that may impact the City are: •Senate Housing Package comprised of SB 5 (Atkins) Affordable Housing Bond Act of 2022, SB 6 (Caballero) The Neighborhood Homes Act, SB 7 (Atkins) The Housing + Jobs Expansion & Extension Act, SB 8 (Skinner) Housing Crisis Act of 2019, SB 9 (Atkins) California Housing Opportunity & More Efficiency (HOME) Act, and SB 10 (Wiener) Planning and Zoning: Density. This package is designed to assist with BUSINESS SESSION ITEM NO. 3 261 development of the forecasted need of 1.8 million new homes by 2025, with each bill having a goal of adding to housing production in the state. •SB 45 (Portantino) Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Bond Act of 2022: authorizes the issuance of bonds in the amount of $5,595,000,000 to finance projects for wildfire prevention, safe drinking water, drought preparation, and flood protection program. •AB 1397 (Garcia) Public Contracts: California Lithium Economy Act: The bill would require an awarding authority, by January 1, 2025, to require the successful bidder for a contract that includes electric vehicles to be provided as part of that contract, to disclose the sources of lithium used in the manufacture of the electric vehicles’ batteries. The bill would also require, by January 1, 2035, that at least 35% of the lithium used in electric vehicle batteries pursuant to a contract under the act be produced in California. The Salton Sea Known Geothermal Resource Area is home to the largest deposits of lithium in North America, with the potential to supply more than one-third of worldwide lithium demand, according to experts. Accelerating lithium development at the Salton Sea Known Geothermal Resource Area could anchor a domestic battery supply chain. Developing lithium from the Salton Sea Known Geothermal Resources Area could also enable the creation of numerous revenue streams from California’s enormous purchasing power. •AB 1021 (Mayes) Imperial Irrigation District: This bill would require the membership of the board of directors of the Imperial Irrigation District to increase from 5 to 6 members, with the additional director being a nonvoting member with all of the other rights as the existing directors and meeting certain qualifications. Additionally, would require the commissions for the County of Imperial and the County of Riverside to conduct and publish on their internet websites a joint study of voting rights in the Imperial Irrigation District, options for providing electricity in the Imperial Irrigation District, and options for alternative governance structures for the Imperial Irrigation District board of directors, as specified. •COVID-19 Related Legislation: The Governor’s proposed 2021-22 State Budget contains several provisions that would provide relief for businesses and residents as the recovery from the pandemic continues. Of the $227.2 billion budget, several billion is set aside for project homekey, small business grants, non-profit cultural institution grants, vaccine administration assistance, and a stimulus program for low- income workers. The Guide presents the policies that guide the City’s legislative advocacy initiatives which include: enhance local authority, sustain fiscal responsibility, foster economic development, promote health and wellness, support public safety, and encourage preservation of the environment. 262 In addition, the Guide provides an overview of important legislative developments arising in 2021 and connects them to emerging trends in our area. It also itemizes the Council’s policy position on key legislative areas such as economic development, finance, transportation, and public safety among others. The City receives informational updates on legislative efforts through a variety of channels, including the League of California Cities, City lobbyist Gonsalves and Son, and the City Attorney. Gonsalves and Sons provide weekly phone and email updates with staff, monthly summaries, and Legislative Reports with an overview of each bill and current status. ALTERNATIVES As the Legislative Guide is a resource for both Council and Staff to expedite responses on legislative matters, staff does not recommend an alternative. Prepared by: Doug Kinley III, Management Specialist Approved by: Gilbert Villalpando, Assistant to City Manager Attachment: 1. Legislative Policy Guide 2021 263 264 2 0 2 1 A T T A C H M E N T 1 265 2 0 2 1 L E G I S L A T I V E P O L I C Y G U I D E GUIDING PRINCIPLES The Legislative Policy Guide (Guide ) is a tool for the City to navigate through the legislative landscape . This document details the City ’s policy positions on priority issues and provides a comprehensive approach to allow staff to take immediate action on pressing legislation under City Council direction . The guide identifies legislative trends and active legislation that may have an impact on the City ’s interests and affairs and supplements other Council -established goals and policies . It is intended to be updated on a regular basis . I. ENHANCE LOCAL AUTHORITY The City of La Quinta is a charter city that supports legislation aimed at preserving local authority . Additional regulations or mandates that undermine local control are detrimental to quality service delivery . II. SUSTAIN FISCAL RESPONSIBILITY The City of La Quinta has been able to successfully maneuver through redevelopment dissolution and economic downturn through prudent , disciplined spending and cost -effective stewardship of City resources . Therefore , the City supports measures that promote fiscal stability . III. FOSTER ECONOMIC DEVELOPMENT The City of La Quinta generally supports legislative efforts designed to foster economic development tools and funding options for effective service delivery . IV. PROMOTE PUBLIC HEALTH AND WELLNESS The City of La Quinta actively seeks to promote a healthy and vibrant community that provides various recreational activities and opportunities for residents to enjoy the unique benefits of La Quinta . V. SUPPORT PUBLIC SAFETY The City of La Quinta strongly supports community safety by providing high - quality law enforcement and fire services and maintaining health and safety standards for its residents . VI. ENCOURAGE PRESERVATION OF ENVIRONMENT The City of La Quinta is a thriving desert oasis that supports a proactive and thoughtful stance regarding the enhancement and conservation of the desert environment that surrounds us including the Salton Sea . 266 267 L E G I S L A T I O N I M P A C T I N G U S The public policy landscape is constantly changing , and it is incumbent on the City to stay up to date on the latest developments . Anticipating the effects emergent legislation may have on the community is therefore imperative . Below is a short outline of impact in key areas . GOVERNOR NEWSOM'S ZERO-EMISSION 2023 EXECUTIVE ORDER N-79-20 In September 2020 , the Governor announced an executive order that directs the State to require that , by 2035 , all new cars and passenger trucks sold in California be zero -emission vehicles . Transportation currently accounts for more than 50 percent of California ’s Greenhouse Gas Emissions . The order also directs the State to take more actions to look at transitioning away from fossil fuels while reviewing oil extraction methodology . GOVERNOR'S TRANSPORTATION BUDGET The Governor ’s budget provides a total of $22 .4 billion from all fund sources for the state ’s transportation departments and programs in 2021 ‑22 . This is a net decrease of $3 .1 billion , or 13 percent , fewer estimated expenditures for the current year . Specifically , the budget includes $14 .5 billion for the California Department of Transportation , $612 million for the High -Speed Rail Authority , $2 .7 billion for the California Highway Patrol (CHP ), $1 .4 billion for the Department of Motor Vehicles (DMV ), $822 million for transit assistance , and $1 .8 billion for various other transportation programs . Based on a forecasted need of 1 .8 million new homes by 2025 , the Senate introduced a housing package called the “Building Opportunities for All ” Senate Housing Package . It is the goal of this housing package for each bill to individually address a variety of causes that have contributed to the lack of housing production in the state . TRANSPORTATION & PUBLIC WORKS COMMUNITY DEVELOPMENT 268 Senate Bill 5 Enacts the Affordable Housing Bond Act of 2022 which places a $6 .5 billion dollar bond before the voters on the November 2022 ballot to fund affordable rental housing and homeownership programs . SB 5 (ATKINS) AFFORDABLE HOUSING BOND ACT OF 2022 SB 8 (SKINNER) HOUSING CRISIS ACT OF 2019 Senate Bill 8 extends the provisions of SB 330 , the Housing Crisis Act of 2019 , until 2030 . This bill adds clarifying language to ensure the intent of SB 330 to streamline the production of housing that meets a local jurisdiction ’s existing zoning and other rules is met . Senate Bill 6 authorizes residential development on existing lots currently zoned for commercial office and retail space such as strip malls or large “big box ” retail spaces . This bill requires the development of residential units be at a minimum density to accommodate affordable housing and abide by existing local planning and development ordinances . SB 6 (CABALLERO) THE NEIGHBORHOOD HOMES ACT: LOCAL PLANNING: HOUSING: COMMERCIAL ZONES SB 7 (ATKINS) THE HOUSING + JOBS EXPANSION & EXTENSION ACT: ENVIRONMENTAL QUALITY: JOBS AND ECONOMIC IMPROVEMENT THROUGH ENVIRONMENTAL LEADERSHIP ACT OF 2021 The Housing + Jobs Expansion & Extension Act – Senate Bill 7 seeks to improve the California Environmental Quality Act (CEQA ) process by extending and expanding provisions of AB 900 , which streamlined paperwork and expedited legal challenges to large , multi -benefit housing , energy , and manufacturing projects . This bill extends the 2021 ‘sunset ’ of AB 900 , which created jobs and investment in the state , through 2026 . SB 9 (ATKINS) CALIFORNIA HOUSING OPPORTUNITY & MORE EFFICIENCY (HOME) ACT: HOUSING DEVELOPMENT: APPROVALS California Housing Opportunity & More Efficiency (HOME ) Act - Senate Bill 9 promotes neighborhood -scale residential development by streamlining the process for a homeowner to create a duplex or subdivide an existing lot in residential areas . This bill builds on the approach of Accessory Dwelling Units (ADUs ) and expands options for homeowners . SB 10 (WIENER) PLANNING AND ZONING: HOUSING DEVELOPMENT: DENSITY Senate Bill 10 allows cities to upzone areas close to job centers , transit , and existing urbanized areas to allow up to ten units without having to go through the lengthy CEQA process .269 The California Drought , Water , Parks , Climate , Coastal Protection , and Outdoor Access For All Act of 2018 , approved by the voters as Proposition 68 at the June 5 , 2018 , statewide primary direct election , authorizes the issuance of bonds in the amount of $4 ,100 ,000 ,000 pursuant to the State General Obligation Bond Law to finance a drought , water , parks , climate , coastal protection , and outdoor access for all program . This bill would enact the Wildfire Prevention , Safe Drinking Water , Drought Preparation , and Flood Protection Bond Act of 2022 , which , if approved by the voters , would authorize the issuance of bonds in the amount of $5 ,595 ,000 ,000 pursuant to the State General Obligation Bond Law to finance projects for a wildfire prevention , safe drinking water , drought preparation , and flood protection program . PUBLIC SAFETY SB 45 (PORTANTINO) WILDFIRE PREVENTION, SAFE DRINKING WATER, DROUGHT PREPARATION, AND FLOOD PROTECTION BOND ACT OF 2022 AB 1397 (GARCIA) PUBLIC CONTRACTS: CALIFORNIA LITHIUM ECONOMY ACT The California Lithium Economy Act would revise the definition of “eligible materials ” to include lithium , commencing January 1 , 2023 . The bill would require an awarding authority , by January 1 , 2025 , to require the successful bidder for a contract that includes electric vehicles to be provided as part of that contract , to disclose the sources of lithium used in the manufacture of the electric vehicles ’ batteries . The bill would also require , by January 1 , 2035 , that at least 35 % of the lithium used in electric vehicle batteries pursuant to a contract under the act be produced in California . The Salton Sea Known Geothermal Resource Area is home to the largest deposits of lithium in North America , with the potential to supply more than one -third of worldwide lithium demand , according to experts . Accelerating lithium development at the Salton Sea Known Geothermal Resource Area could anchor a domestic battery supply chain . Developing lithium from the Salton Sea Known Geothermal Resources Area could also enable the creation of numerous revenue streams from California ’s enormous purchasing power . ENVIRONMENT 270 This bill would require the commissions for the County of Imperial and the County of Riverside to conduct and publish on their internet websites a joint study of voting rights in the Imperial Irrigation District , options for providing electricity in the Imperial Irrigation District , and options for alternative governance structures for the Imperial Irrigation District board of directors , as specified . The bill would make the joint study contingent upon funding by the Legislature and would require the study to be published no later than 18 months after receipt of funds from the Legislature . By imposing new duties on the specified local agency formation commissions , the bill would impose a state -mandated local program . A dditionally , this bill would require the membership of the board of directors of the Imperial Irrigation District to increase from 5 to 6 members , with the additional director being a nonvoting member with all of the other rights as the existing directors and meeting certain qualifications . The bill would require the nonvoting director to be appointed by the county supervisor who represents the largest amount of population in the electrical service area . The bill would require the nonvoting director to serve a term of 4 years . The bill would require the nonvoting director to represent the electrical service area and to live in the service area at the time of their appointment and throughout their tenure on the board , and if the nonvoting director relocates outside of the electrical service area , the director 's membership on the board would terminate and a new member would be required to be appointed . The bill would require that , if the Imperial Irrigation District no longer serves electricity to the electrical service area , the nonvoting director 's membership on the board terminate , and membership of the board of directors decrease from 6 to 5 . A B 1021 (MAYES) IMPERIAL IRRIGATION DISTRICT G OVERNOR'S PROPOSED 21-22 STATE BUDGET $372 million for the administration of vaccines across all 58 counties . $2 .4 billion for the Golden State Stimulus - a $600 state payment to low - income workers who were eligible to receive the Earned Income Tax Credit in 2019 , as well as 2020 Individual Taxpayer Identification Number (ITIN ) filers . Governor Gavin Newsom submitted his 2021 -22 State Budget proposal on January 8 , 2021 , to the Legislature – a $227 .2 billion fiscal blueprint that provides funding for immediate COVID -19 response and relief efforts with claims to target Californians who need it most while making investments for an equitable , inclusive and broad -based economic recovery . The following is an overview while noting it is subject to change before approval . COVID-19 RECOVERY 271 $575 million grants to small businesses and small non -profit cultural institutions disproportionately impacted by the pandemic . $70 million to provide immediate and targeted fee relief for small businesses including personal services and restaurants . $2 billion targeted specifically to support and accelerate safe returns to in -person instruction starting in February , with priority for returning the youngest children (transitional kindergarten through 2nd grade ) and those with the greatest needs first . $1 .1 billion immediate relief for small businesses $777 .5 million for a California Jobs Initiative to provide incentives targeted at accelerating investment and job creation . The Budget proposes an overall $353 million investment in workforce development . It includes a $250 million one -time General Fund to support workforce development and better linkages between higher education and gainful employment . The Budget includes the creation of a new Office of Health Care Affordability . The Budget proposes to implement the California Advancing and Innovating Medi -Cal (CalAIM ) initiative to reduce variation and complexity in the state ’s Medi -Cal program , manage member risk and need and improve outcomes through payment reform . Through Project Homekey – a nation -leading effort to acquire motels for homeless housing to respond to the COVID -19 pandemic – the state has awarded $846 million to 51 local agencies to secure over 6 ,000 units of permanent housing for individuals and families who had been homeless . The Budget includes $1 .75 billion one -time General Fund to purchase additional motels , develop short -term community mental health facilities and purchase or preserve housing dedicated to seniors . 272 P O L I C Y P O S I T I O N S The City of La Quinta supports economic development policies and funding mechanisms that foster a hospitable and thriving business environment . Considering budget shortfalls , the City supports public -private development opportunities that encourage economic activity and promote health and wellness within the City . The City supports retaining financial flexibility and authority with regard to redevelopment dissolution matters . Opposes measures that would make the City more dependent on the State for financial stability . Supports legislation that facilitates the recoupment of City costs derived from State and Federal mandates . E CONOMIC DEVELOPMENT FINANCE The City of La Quinta is a charter city that relies on contract services to provide efficient service delivery . Opp oses any change in revenue allocations that would negatively affect local governments . Opposes any action that would preempt local control over locally imposed taxes and other funding sources . Oppose any unfunded mandates .273 Supports legislation that develops programs to increase housing opportunities to meet growing demand in our area . S upports legislative efforts that provide incentives to local governments and private developers to develop additional housing opportunities including affordable housing for low -income and disabled seniors , adults , and veterans . H OUSING TRANSPORTATION & INFRASTRUCTURE The City of La Quinta supports measures that provide financing tools for increasing effective , clean transportation . Su pp orts clean energy alternatives that are adequately funded . Su pports State clean energy programs that are financially viable and direct funding to local government to invest in clean energy . The City of La Quinta supports developing vital infrastructure and streamlining the local , state , and federal process for infrastructure development to better meet local needs . Supports legislation that strengthens local authority over land use and infrastructure development . E NVIRONMENT The City of La Quinta supports the preservation of our environment . Supports financial incentives for water reuse and legislation that encourages the treatment of municipal wastewater for non -potable reuse and promotes the development of reasonable regulations to encourage and maximize the responsible use of reclaimed water as an alternative to California ’s fresh water supply . 274 PUBLIC SAFETY TOURISM 275 JANUARY: THE PREVIOUS YEAR ’S LAWS GO INTO EFFECT DURING THIS MONTH . LEGISLATURE RECONVENES TO DISCUSS THE NEW YEAR OF LEGISLATION AHEAD , AND ALL BILL REQUESTS MUST BE SUBMITTED BEFORE THE END OF THE MONTH . BUDGETS MUST BE SUBMITTED BY THE GOVERNOR DURING THE BEGINNING PORTION OF THE MONTH . F EBRUARY : THE LAST DAY FOR BILLS TO BE INTRODUCED OCCURS ON FEBRUARY 19 . M ARCH : SPRING RECESS UPON ADJOURNMENT . MARCH 25 – APRIL 5 . A PRIL : LAST DAY FOR POLICY COMMITTEES TO HEAR AND REPORT TO FISCAL COMMITTEES FISCAL BILLS BEING INTRODUCED , APRIL 30 . M AY : POLICY COMMITTEES MUST REPORT NON -FISCAL BILLS BY MAY 7 . POLICY COMMITTEES ARE GIVEN THEIR LAST DAY TO MEET BEFORE CONVENING IN JUNE NEAR THE END OF THIS MONTH AND REPORT FLOOR BILLS FOR THEIR HOUSE . J UNE : FLOOR SESSION CONDUCTED AT THE BEGINNING OF THE MONTH , THE LAST DAY FOR BILLS TO BE PASSED OUT OF THE HOUSE OF ORIGIN OCCURS , AND THE COMMITTEE MEETINGS RESUME . ALL BUDGETS MUST BE PASSED BY THE MIDDLE OF THE MONTH . J ULY : THE LAST DAY FOR POLICY COMMITTEES TO MEET AND REPORT BILLS OCCURS DURING THE MONTH BEFORE SUMMER RECESS BEGINS , JULY 16 – AUGUST 16 . A UGUST : LEGISLATURE RECONVENES FROM SUMMER RECESS . THE LAST DAY FOR FISCAL COMMITTEES TO REPORT BILLS TO THE FLOOR OCCURS AT THE END OF THE MONTH . FLOOR SESSION BEGINS AT THE END OF THE MONTH AS WELL . S EPTEMBER : THE LAST DAY TO AMEND BILLS ON THE FLOOR OCCURS AT THE BEGINNING OF THE MONTH , WITH THE LAST DAY FOR EACH HOUSE TO PASS BILLS OCCURRING IN THE MIDDLE OF THE MONTH . INTERIM STUDY RECESS BEGINS SHORTLY AFTER . ADDITIONALLY , OCTOBER 10 IS THE LAST DAY FOR GOVERNOR TO SIGN OR VETO BILLS PASSED BY THE LEGISLATURE BEFORE SEPTEMBER 10 AND ARE IN THE GOVERNOR 'S POSSESSION ON OR AFTER SEPTEMBER 10 . M O N T H L Y O V E R V I E W L E G I S L A T I V E C A L E N D A R 2 0 2 1 B E L O W I S A N O V E R V I E W T H A T S U M M A R I Z E S M A J O R L E G I S L A T I V E E V E N T S A N D K E Y D A T E S T H A T O C C U R M O N T H T O M O N T H . 276 City of La Quinta CITY COUNCIL MEETING: June 1, 2021 STAFF REPORT AGENDA TITLE: APPROVE SILVERROCK RESORT 2021/22 ANNUAL PLAN RECOMMENDATION Approve the SilverRock Resort 2021/22 Annual Plan. EXECUTIVE SUMMARY •Landmark Golf Management LLC (Landmark) manages the SilverRock Resort golf course and is required to provide an annual operations plan for Council’s review and approval. •The SilverRock 2021/22 Annual Plan (Plan) (Attachment 1) reflects the projected number of rounds, revenues, and operation costs. •The golf operations are projected to have a net loss of $469,000 due several factors including COVID-19, resumption of capital reserves and on-site construction. FISCAL IMPACT The General Fund is projected to underwrite $550,000 of the overall 2021/22 SilverRock expenses. The projected golf operations expenses (not including City staff golf course and non-golf course management/oversight costs) are $4,313,893 and projected golf operations revenue is $3,845,165 for a net loss of $468,728. The City will also fund $85,000 for golf course and non-golf course management/oversight by City staff. All revenue and expenses will be included in the proposed 2021/22 City Budget. SilverRock Golf Course Operations Revenue $3,845,165 Operations Budget -$4,313,893 Net Revenue ($468,728) SilverRock Property Management/Oversight General Fund Advance 550,000 City Management/Oversight -85,000 Golf Course Net Revenue -468,728 Final Surplus/(Deficit) (3,728) BUSINESS SESSION ITEM NO. 4 277 BACKGROUND/ANALYSIS In July 2013, the City entered into a Golf Course Management Agreement (Agreement) with Landmark. The Agreement requires an annual plan for golf operations. The Plan provides projected annual revenues and expenses , department costs, staffing and service levels. The Plan forecasts continuing the pro-shop and food service from the Ahmanson House during the construction of the hotels and conference center by Silverrock Development Company. Additional assumptions include: •40,296 rounds of play; the average projected revenue is $85.43 per round, based on the total revenue (less food and beverage) divided by the total rounds. The average green fee is $77.13. The difference between revenue per round and the average green fee is the additional revenue generated from merchandise sales, and revenue from the driving range, including lessons. Revenue from the food and beverage operations is not included; •Minimum wage increases are effective January 1, 2022; •Resuming the 2% annual contribution of approximately $62,000 to the capital reserve as contained in Amendment 2 of the Agreement. The current balance of the capital reserve is $513,408; •Resuming the management fee of $118,560. The proposed advertising budget is $151,133 and is included in the Marketing Department expenses ($191,765) on page 18 of the Annual Plan. SilverRock will continue to be promoted as a premier golf destination, especially during hotel construction, via the internet, newspapers, magazines, directories, television, and radio. ALTERNATIVES Council may direct staff to make modifications to the Annual Plan. Prepared by: Bryan McKinney, P.E., Public Works Director/City Engineer Approved by: Jon McMillen, City Manager Attachment: 1. SilverRock Resort 2021/22 Annual Plan 278 SilverRock Resort-Arnold Palmer Classic Course 2021-2022 ANNUAL PLAN Prepared For: City of La Quinta SilverRock Resort Prepared By: Landmark Golf Management Submitted: April 20, 2021 ATTACHMENT 1 279 SILVERROCK RESORT Annual Plan Fiscal Year 2021-2022 Table of Contents Part I-Project Overview Project Fact Sheet 1 Mission Statement 2 Philosophy Statement 3 Organizational Chart 4 Key Employee Staffing 5 Part II-Assumptions 2021-2022 Assumptions 6, 7, 8, 9 Part III-Operational Financial Projections 2021-2022 Consolidated Income Statement 10 Part IV-Department Detail Golf Rounds and Revenue 11 Golf Shop / Merchandise 12 Carts, Bagroom & Range 13 Course Services 14 Golf Course Maintenance 15, 16 General & Administrative 17 Marketing 18 Clubhouse 19 Miscellaneous 20 Part V-Food and Beverage Department Detail 21 Part VI-Other Marketing Narrative Plan 22, 23 2021-2022 Golf Rates 24 280 COURSE NAME SilverRock Resort-Arnold Palmer Classic Course ADDRESS 79-179 Ahmanson Lane, La Quinta, Ca. 92253 TELEPHONE 1-888-600-7272 1-760-777-8884 WEBSITE WWW.SILVERROCK.ORG MANAGEMENT Randy Duncan, PGA, Director of Golf / General Manager Scott Werline, Golf Course Superintendent COURSE YARDAGE SILVER 7,239 PAR 72 GOLD 6,809 PAR 72 BLUE 6,313 PAR 72 WHITE 5,669 PAR 72 GREEN 5,089 PAR 72 RED 4,542 PAR 72 GRASS TYPES GREENS:TIF DWARF FAIRWAY / TEES:TIF SPORT / 419 ROUGHS:TIF SPORT / 419 OWNER CITY OF LA QUINTA MANAGED BY LANDMARK GOLF MANAGEMENT, LLC 74-947 HIGHWAY 111, SUITE 215 INDIAN WELLS, CA 92210 PHONE: (760) 776-6688 DATE COURSE OPENED February 14, 2005 PROJECT FACT SHEET 4/20/2021 1 281 SILVERROCK RESORT Annual Plan Fiscal Year 2021-2022 Mission Statement “TO BE THE BEST” “TO HAVE THE BEST GOLF FACILITIES” “TO HAVE THE BEST GOLF COURSE CONDITIONS” “TO PROVIDE THE BEST SERVICE” SilverRock Resort is dedicated to providing the finest public golf experience. All Staff Members of the facility play an important role in our Mission. Staff is supported through training and resources to ensure success. SilverRock Resort aspires to represent ownership and management with the highest standard of service in the Golf/Resort Industry and produce superior golf course conditions to meet and exceed the goals. Goals and Objectives: To support our Mission Statement and to achieve the projected Annual Plan; SilverRock Resort will pursue the following goals and objectives: •To hire and train staff members that will provide a high standard of guest services and maintain the highest level of course conditions •To maintain and pursue an aggressive Marketing Plan that benefits/acknowledges the La Quinta Residents, local residents, avid tourist golfers and golfing public •To have each Department operate within their annual budget allowing SilverRock Resort to reach the net operating goals 4/20/2021 2 282 SILVERROCK RESORT Annual Plan Fiscal Year 2021-2022 PHILOSOPHY STATEMENT After sixteen and a half years of operations, an Annual Plan accommodated the operational start-up through and including grow-in, final construction of the Arnold Palmer Classic Course, a notable Grand Opening Celebration and four successful years as one of the home courses of the Bob Hope Classic. As the 2021-2022 Annual Plan is implemented, focus will continue to be on broadening the awareness, marketability and noteworthiness of SilverRock Resort’s Arnold Palmer Classic Course, golf facilities and amenities. The philosophy that Landmark Golf Management perpetuates at SilverRock Resort is: an operation that allows management to utilize golf industry best-practices in accommodating market-driven demands as market shifts may occur. Each golf course facility has its own personality and characteristics; therefore, each golf operation is unique to some degree and should be managed with personality and characteristics taken into consideration. Golf operators that adjust procedures to short and long term market and industry fluctuations are better suited to maximize opportunities. In this upcoming twelve months of operations, Landmark Golf Management will put forth every effort to best position SilverRock Resort as a place to frequent in the eyes and minds of the influential decision makers in the world of golf. BRAND PROMISE Discover the mystique of SilverRock Resort, the crown jewel of La Quinta and its golf legacy. Rich in both history and legend, the majestic Santa Rosa Mountains frame an unwavering commitment to an exceptional experience at SilverRock Resort. Our Promise: Exceptional in All, For All, Always. 4/20/2021 3 283 284 Annual Plan 2021-2022 SRR.xlsAsst. Golf ProfessionalsGolf Shop BuyerSales AssociatesCarts/Bag RoomShuttle/ValetStarters/RangersDriving RangeGuest / Outside ServiceOutside Services ManagerGolf ShopHead Golf ProfessionalAsst. SuperintendentMechanic(s)Irrigation TechnicianSpray TechnicianGreenskeeper(s)Administrative Asst.Golf Course MaintenanceSuperintendentAdmin. Asst.To Controller & GMAccountingController / Human ResourcesRestaurantF&B Server(s) / Cart Attendent(s)Food & BeverageF&B ManagerMarketing & SalesTournament Sales ManagerSilverRock Resort Golf ClubGeneral Mgr. / Director of GolfLandmark Golf ManagementManagement TeamCity ManagerCity of La QuintaCity Council & Staff4/20/20214285 286 RUN DATE: 20-Apr-21Key Employee StaffingPREPARED BY: DEPARTMENT SUMMARYJUL.AUG.SEP.OCT.NOV.DEC.JAN.FEB.MAR.APR.MAYJUN.GOLF OPERATION OUTSIDE SERVICESOUTSIDE SERVICES MANAGER (FULL TIME)111111111111OUTSIDE SERVICES SUPERVISORS (FULL-TIME)111111111111DRIVING RANGE (PART-TIME)1 1 1111222211CART/BAG/VALET/BAG DROP (FULL-TIME)444444444444CART/BAG/VALET/BAG DROP (PART-TIME)000222222211SHUTTLE DRIVER (PART-TIME)000022222200777911111212121288GOLF SHOP HEAD GOLF PROFESSIONAL (FULL TIME)1111111111111ST ASSISTANT PROFESSIONAL (FULL TIME) 111111111111MERCHANDISER (FULL TIME)111111111111ASSISTANT PROFESSIONAL (FULL TIME)000022222222SALES CLERKS (FULL TIME)001122222222SALES CLERKS (PART TIME)222211111110556688888887COURSE SERVICESSTARTERS (PART TIME)3 3 3333333333RANGER/MARSHALS (PART TIME)000024444400333357777733GOLF COURSE MAINTENANCESUPERINTENDENT (FULL TIME)1 1 1111111111ASST SUPERINTENDENT (FULL TIME)111111111111FOREMAN/SPRAY TECHNICIAN (FULL TIME)111111111111HEAD MECHANIC / FACILITY MANAGER (FULL TIME)111111111111ASST MECHANIC (FULL TIME)111111111111HEAD IRRIGATOR (FULL TIME)111111111111ASST IRRIGATOR (FULL TIME)111111111111GREENKEEPERS (FULL TIME)448101212121212121212ADMINISTRATIVE ASSISTANT (PART TIME)000000000000TOTAL TURF & ADMIN STAFF111115171919191919191919LANDSCAPE MAINTENANCEFOREMAN (FULL TIME)1 1 1111111111IRRIGATOR (FULL TIME)111111111111LANDSCAPERS (FULL TIME)111244444444TOTAL LANDSCAPE CREW333466666666TOTAL COURSE MAINTENANCE STAFF141418212525252525252525FOOD & BEVERAGEF & B MANAGER / SUPERVISOR (FULL TIME)111111111111CHEF (FULL TIME)111111111111COOK (FULL TIME)111111333333PREP COOK (FULL TIME)000011111111LEAD SERVER (FULL-TIME)000011111111F & B WAIT/BEVERAGE CART/HALF(FULL TIME)110011111111F & B WAIT/BEVERAGE CART/HALF(PART TIME)111133555532BUSER / DISHWASHER (PART TIME)00111111111155551010141414141211G & ADIRECTOR OF GOLF/GM (FULL TIME)1 1 1111111111CLUB CONTROLLER (FULL TIME)111111111111ADMINISTRATIVE ASSISTANT (FULL TIME)111111111111LQ RESIDENT CARD ADMINISTRATIVE (PART TIME)111011111111444344444444MARKETING/TOURNAMENTTOURNAMENT SALES / GROUP COORDINATOR (FULL TIME)111111111111TOTAL EMPLOYEES39 39444864667171717161592021-2022 ANNUAL PLAN Landmark Golf Management4/20/20215287 288 SILVERROCK RESORT 2020-2021 ANNUAL PLAN 2021-2022 Assumptions Revenue Operations It is assumed Golf and Food & Beverage Operations will have some continued limitations & restrictions through October 2021 due to Covid-19 protocols. The Covid-19 restrictions will also have an impact on rounds of golf and overall revenue through October 2021. In addition, golf operations will continue to function out of a temporary golf shop with limited merchandise floor space and limited amenities. Following are the restrictions and assumptions to be used to ascertain the 2021-2022 Annual Plan. Golf •Limited Rounds of Golf Played Daily - Max of 110 per day through October 2021. •One Car per Person (unless family members or drove in together) through October 2021. •Prepayment of Public Green Fees to Limit Golf Shop Interaction through October 2021. Merchandise •Reduced traffic in golf shop will have a negative impact on merchandise sales through October 2021. Food & Beverage •30% reduction in Food & Beverage Sales is assumed through October 2021. o Limited Indoor Dining and Outdoor Dining Open. o Limited Paper Menu and Hours •Resume normal food & beverage operations beginning November 1, 2021. It is assumed, restrictions will be lifted and regular operations will resume beginning November 1, 2021 for both Golf and F&B Operations. It will also be assumed Golf Operations will continue to operate out of a temporary Clubhouse located in the “dog bone” area adjacent to hole #2 tee boxes. The SilverRock Grill will remain open at the existing Ahmanson Clubhouse in its current location. Hotel Construction It is assumed, there will be site construction beginning or occurring during the 2021-2022 Annual Plan. The exact impact of construction is unknown; however, it is assumed there will be a 5% reduction in rounds of golf from prior year’s actual averages. 4/20/2021 6 289 SILVERROCK RESORT 2020-2021 ANNUAL PLAN Green Fees: A green fee includes golf cart and warm-up range balls. A combination of the various green fee rates and green fee mix of Regular, Twilight, and Resident play is anticipated to yield an average rate of $77.13 per round based on 40,296 annual rounds. The non-resident green fee rates for the 2021-2022 fiscal year are projected to remain consistent with the prior year but may vary depending upon market conditions. Green fee rates will continue to be based on dynamic pricing and course utilization levels will dictate green fee rates. La Quinta Resident rates will be $60 (high season), $49 (shoulder seasons) and $33 (summer season). Accompanied La Quinta Resident Guests will continue to received 30% off prevailing posted rates (not including twilight or any discounted rates) and will follow similar booking procedures as extended to a La Quinta Resident Card Holder; booking three (3) days in advance. It is assumed the overseeding dates will be October 4 through November 1, 2021. Annually overseeding reduces revenues during these dates which is taken into consideration in these projections with the course being closed these dates. It is also projected that aerification will occur in August 2021 and June of 2022 which reduces revenue for 3-5 days with each of these two (2) aerification cycles. Greens Fee Mix: Through proper marketing, yield management, and limited advanced Resident bookings the projected mix of green fees is: 30% Resident, 25% Public, 10% Public Twilight, & 35% Other (tournaments, wholesalers, juniors, resident guests, replays and discounts). Miscellaneous and Other Revenue: Is based on $3.37 per round. This consists of golf club rentals, golf club repairs, handicap fees, driving range fees, rider fees, and Independent Contractor’s Fees (Teaching Professionals). Golf Made Simple (Group Instruction) will not be operating during the 2021-2122 season at SilverRock due to unknown teaching facility space. This amounts to a loss of revenue of approximately $50,000 between instructor fees and Food & Beverage loss of revenues. Golf Shop Merchandise: Is based on retail sales of $4.93 per round. Resident Card Fees: Annual Revenues of $165,300 are based on selling 1,102 La Quinta Resident Cards during the 2021-2022 Fiscal Year. This is consistent with prior year sales. Cost of Goods Sold Merchandise 55 % Food & Beverage 33 % 4/20/2021 7 290 SILVERROCK RESORT 2020-2021 ANNUAL PLAN Expenses Golf Carts, Bag Room, and Driving Range: Includes outside service, bag room, and driving range staff plus supplies and operating expense for this department. Additional shuttle shifts will remain in this year’s Annual Plan to shuttle customers down and back from the restaurant, driving range and practice area. This is a result of the location of the temporary golf clubhouse and the existing restaurant at the Ahmanson Ranch House. Per California State Law, another minimum wage increase to $15 per hour is scheduled for January 1, 2022. This increase was factored into this 2021- 2022 Annual Plan. Golf Shop: Includes golf professionals, merchandising sales staff, receiving staff and golf shop operational expenses. Another minimum wage increase to $15 per hour is scheduled for January 1, 2022. This increase has been factored into the 2021-2022 Annual Plan. Course Services: Includes course service staff consisting of course rangers/starters and related department supplies and materials. A minimum wage increase to $15 per hour is scheduled for January 1, 2022. This increase has been factored into the 2021-2022 Annual Plan. Golf Course Maintenance: Includes compensation and payroll related costs for the Golf Course Maintenance Superintendent, grounds maintenance staff, supplies, and materials. Overseeding dates are projected to be October 4 through November 1, 2021, which results in projected higher labor cost and supply costs during the annual overseeding process. Golf Course Superintendent Education, training and travel expense are included in the 2020-2021 Annual Plan. In addition, Front Entry and Perimeter Landscape Maintenance are accounted for in this department’s operating budget. A minimum wage increase to $15 per hour is scheduled for January 1, 2022. This increase has been factored into the 2021-2022 Annual Plan. Water & Electrical: The 2021-2022 Annual Plan includes water and electrical costs to irrigate the golf course & properly maintain the lake system. This is accounted for in the Golf Course Maintenance budget. In the Spring of 2021, the CVWD approved the dissemination of Prop. 218 notices for the East and West RAC funds. As a result, effective July 1, 2021, the estimated increase for the East RAC is a 9.5% increase in water costs. This proposed increase has been factored into the 2021-2022 Annual Plan. Projected Annual Electric costs of $141,610 will cover 100% of the facilities electric costs including; front entry waterfall, water well pump, golf course pump station, north village lake 4/20/2021 8 291 SILVERROCK RESORT 2020-2021 ANNUAL PLAN water falls & circulation pumps, cart storage area and both clubhouses. These expenses will continue to be budgeted in the 2021-2022 Annual Plan as water and electrical costs. Food & Beverage: Includes food & beverage staff and expenses for the temporary clubhouse. There is a separate Agreement for the Food & Beverage Department including the Liquor License arrangement between the City and Landmark Golf Management. Marketing: Includes marketing, public relations, advertising, web page, collateral and tournament sales, etc. Refer to pages 21 & 22, for the Marketing Plan Narrative. Clubhouse: Clubhouse expenses, maintenance/cleaning staff, landscape maintenance, parking lot and entry drive clean up. Roving patrol expenses to secure the entire property of SilverRock continues to be included in this department’s operating budget. Management Fee: Due to Covid-19 impact on revenues & operating costs, Landmark Golf Management, LLC reduced their monthly Management Fee of $9,880 to $9,386 for the 2020-2021 Annual Plan. For the 2021-2022 Annual Plan, Landmark’s Management Fee will be restored to its $9,880 monthly fee. Insurance: Per requirements of the Golf Course Management Agreement in the Annual Plan is the cost for comprehensive golf club insurance policy, general liability, property, equipment and business interruption etc. G&A: Expenses include General Manager, Controller & Administrative Assistant Salaries, Professional Fees, Payroll Processing Fees, Equipment Expenses, Equipment Rental and Resident Card Expenses. Personal Property Lease Tax: Exempt, except personal property taxes on equipment purchases or leases which are included in this Annual Plan. Capital Reserves: Capital Reserves of 2% of green fees will be reallocated in the 2021-2022 Annual Plan upon City of La Quinta Staff direction. Golf Carts Lease: Golf carts are leased for the Golf Club. The budgeted amount of $10,050 per month is not expected to increase from the prior year. GPS Lease: Monthly golf cart GPS rental/lease expense for the fleet of golf carts is $3,900 per month and will remain unchanged from the prior year. 4/20/2021 9 292 2021-2022 ANNUAL PLAN SilverRock ResortCONSOLIDATED INCOME STATEMENTRUN DATE: 19-Apr-2112:22 PMFOR FISCAL YEAR - JULY 2020 - JUNE 2021PREPARED BY: Landmark Golf ManagementDEPARTMENT 2021-2022 BUDGETJUL.AUG.SEP.OCT.NOV.DEC.JAN.FEB. MAR.APR.MAY JUN.ROUNDSROUNDS 40,2961,750 1,750 2,350500 4,000 3,250 4,350 5,200 5,650 4,896 4,3002,300REVENUEGREEN FEES 3,107,87085,859 88,266 130,161 38,625 337,700 246,513 366,433 522,665543,530 365,486 251,389 131,244MISC. REV/RANGE/CARTS/RENTALS135,7802,350 1,750 3,500 1,700 13,200 14,000 22,100 22,900 24,900 13,840 10,395 5,145GOLF SHOP MERCHANDISE198,7435,075 5,075 8,225 1,250 20,000 16,250 23,925 28,600 31,075 26,928 21,070 11,270RESIDENT CARD FEES165,300500500500 7,500 25,000 22,800 22,000 24,000 15,625 15,625 15,625 15,625FOOD & BEVERAGE 534,9037,088 7,000 9,400 5,000 36,000 26,000 65,250 84,500 121,475 76,440 68,575 28,175TOTAL REVENUE4,142,596100,872 102,591 151,786 54,075 431,900 325,563 499,708 682,665 736,605 498,319 367,054 191,459COST OF SALESPRO SHOP 111,2362,840 2,840 4,604700 11,194 9,095 13,391 16,007 17,393 15,07211,793 6,308FOOD & BEVERAGE 186,1944,134 4,102 4,856 3,639 12,452 9,360 23,026 29,125 39,165 23,898 22,222 10,217TOTAL COST OF SALES297,4316,974 6,942 9,460 4,339 23,646 18,456 36,417 45,132 56,557 38,969 34,015 16,525GROSS PROFIT3,845,16593,898 95,649 142,326 49,736 408,254 307,107 463,292 637,533680,048 459,350 333,039 174,934OPERATING EXPENSESGOLF CARTS\BAGS\RANGE 337,68916,145 16,145 15,795 17,767 47,453 32,924 34,872 34,872 34,497 35,297 27,284 24,638GOLF SHOP215,71611,295 11,295 11,926 11,524 20,959 20,959 22,399 20,884 20,884 20,142 23,831 19,620COURSE SERVICES 101,2233,724 3,487 4,030 3,070 9,611 13,520 14,279 14,229 14,229 11,771 4,636 4,636GOLF COURSE MAINTENANCE 1,744,514109,545 92,711 128,722 291,409 154,858 140,134 133,475 127,371 139,199 146,658 133,109 147,324WATER & ELECTRIC COST 249,21924,250 23,360 19,300 19,400 16,925 13,705 20,800 19,320 18,950 22,920 26,750 23,539GENERAL & ADMINISTRATIVE 380,64829,897 30,047 30,297 29,907 33,184 35,659 31,759 32,009 31,759 31,759 32,309 32,059MARKETING 191,7654,516 4,516 12,865 19,566 27,169 17,967 23,114 20,199 17,99218,822 14,449 10,594CLUBHOUSE 127,49210,301 10,301 10,301 10,801 10,301 10,301 11,131 10,631 11,131 10,631 10,631 11,031MANAGEMENT FEE 118,5609,880 9,880 9,880 9,880 9,880 9,880 9,880 9,880 9,880 9,880 9,880 9,880CAPITAL RESERVES 62,1571,717 1,765 2,603773 6,754 4,930 7,329 10,453 10,871 7,310 5,028 2,625INSURANCE 64,8005,400 5,400 5,400 5,400 5,400 5,400 5,400 5,400 5,400 5,400 5,400 5,400PERSONAL PROPERTY LEASE TAXES 23,6005,2000 4,000 2,6000000000 11,800LEASES347,80028,450 28,450 28,450 28,450 29,250 29,250 29,250 29,250 29,250 29,250 29,250 29,250FOOD & BEVERAGE 348,70817,981 18,931 18,108 13,337 28,327 29,087 40,503 39,462 39,457 38,807 33,630 31,078TOTAL OPERATING EXPENSES4,313,893278,301 256,289 301,677 463,884 400,070 363,717 384,190 373,960 383,498 388,646 356,187 363,474NET INCOME(468,728)(184,404) (160,640) (159,351) (414,147) 8,184 (56,610) 79,101 263,573 296,550 70,704 (23,148) (188,540)NET INCOME %-11.3%-182.8% -156.6% -105.0% -765.9% 1.9% -17.4% 15.8% 38.6% 40.3%14.2% -6.3% -98.5%Average Green Fee $77.13$49.06 $50.44 $55.39 $77.25 $84.43 $75.85 $84.24 $100.51 $96.20 $74.65 $58.46 $57.06Average $ Misc. Income per Rd$3.37$1.34 $1.00 $1.49 $3.40 $3.30 $4.31 $5.08 $4.40 $4.41 $2.83 $2.42 $2.24Average $ Merchandise per Rd$4.93$2.90 $2.90 $3.50 $2.50 $5.00 $5.00 $5.50 $5.50 $5.50 $5.50 $4.90 $4.90Total Average Revenue per Round$85.43$57.64 $58.62 $64.59 $108.15 $107.98 $100.17 $114.88 $131.28$130.37 $101.78 $85.36 $83.244/20/202110293 294 2021-2022 ANNUAL PLAN SilverRock ResortRUN DATE: 20-Apr-21 01:44 PMProjections - July 2021 to June 2022PREPARED BY: Landmark Golf Management0.600.40Golf RoundsTotalJUL. AUG. SEP. OCT. NOV. DEC. JAN. FEB. MAR. APR. MAY JUN.Resident Rnds (Weekday)5,44023623631768540439587702763661581311Resident Rnds (Weekend)6,64928928938883660536718858932808710380Sub-Total Resident Rnds 12,0895255257051501200975 1305 1560 1695 1469 1290690% of Total 0.300.30 0.30 0.30 0.30 0.30 0.30 0.30 0.30 0.30 0.30 0.30 0.30Public Rnds (Weekday)4,53319719726456450366489585636551484259Public Rnds (Weekend)5,54124124132369550447598715777673591316Sub-Total Public Rnds10,0744384385881251000813 1088 1300 1413 1224 1075575% of Total 0.250.25 0.25 0.25 0.25 0.25 0.25 0.25 0.25 0.25 0.25 0.25 0.25Public Twi (Weekday)3,62715815821245360293392468509441387207Public Twi (Weekend)4,43319319325955440358479572622539473253Sub-Total Twilight Rnds8,0593503504701008006508701040 1130979860460% of Total 0.200.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20Other (Weekday)6,34727627637079630512685819890771677362Other (Weekend)7,75733733745296770626837 1001 1088942828443Sub-Total Other Rnds14,104% of Total0.25Total Rounds40,2961,750 1,750 2,350 500 4,000 3,250 4,350 5,200 5,650 4,896 4,300 2,300 0.45 Green Fees0.55Resident Rnds (Weekday)33.00$ 33.00$ 40.00$ 49.00$ 49.00$ 45.00$ 55.00$ 60.00$ 60.00$ 45.00$ 45.00$ 45.00$ Resident Rnds (Weekend)33.00$ 33.00$ 40.00$ 49.00$ 49.00$ 45.00$ 55.00$ 60.00$ 60.00$ 55.00$ 45.00$ 45.00$ Public Rnds (Weekday)45.00$ 45.00$ 45.00$ 75.00$ 100.00$ 80.00$ 90.00$ 130.00$ 125.00$ 90.00$ 45.00$ 45.00$ Public Rnds (Weekend)50.00$ 60.00$ 60.00$ 85.00$ 120.00$ 85.00$ 95.00$ 130.00$ 130.00$ 90.00$ 60.00$ 60.00$ Public Twi (Weekday)45.00$ 45.00$ 45.00$ 80.00$ 75.00$ 75.00$ 80.00$ 85.00$ 75.00$ 80.00$ 45.00$ 45.00$ Public Twi (Weekend)50.00$ 50.00$ 60.00$ 80.00$ 80.00$ 70.00$ 85.00$ 90.00$ 80.00$ 80.00$ 60.00$ 60.00$ Other (Weekday)45.00$ 45.00$ 50.00$ 70.00$ 70.00$ 75.00$ 80.00$ 90.00$ 85.00$ 60.00$ 60.00$ 45.00$ Other (Weekend)55.00$ 55.00$ 60.00$ 80.00$ 80.00$ 80.00$ 80.00$ 95.00$ 90.00$ 60.00$ 60.00$ 65.00$ Golf RevenueResident Rnds (Weekday) 267,8167,796$ 7,796$ 12,690$ 3,308$ 26,460$ 19,744$ 32,299$ 42,120$ 45,765$ 29,743$ 26,123$ 13,973$ Resident Rnds (Weekend) 335,4099,529$ 9,529$ 15,510$ 4,043$ 32,340$ 24,131$ 39,476$ 51,480$ 55,935$ 44,431$ 31,928$ 17,078$ Public Rnds (Weekday)390,6168,859$ 8,859$ 11,897$ 4,219$ 45,000$ 29,250$ 44,044$ 76,050$ 79,453$ 49,572$ 21,769$ 11,644$ Public Rnds (Weekend)521,48812,031$ 14,438$ 19,388$ 5,844$ 66,000$ 37,984$ 56,822$ 92,950$ 100,994$ 60,588$ 35,475$ 18,975$ Public Twi (Weekday)247,4497,088$ 7,088$ 9,518$ 3,600$ 27,000$ 21,938$ 31,320$ 39,780$ 38,138$ 35,251$ 17,415$ 9,315$ Public Twi (Weekend)327,9029,625$ 9,625$ 15,510$ 4,400$ 35,200$ 25,025$ 40,673$ 51,480$ 49,720$ 43,085$ 28,380$ 15,180$ Other (Weekday)438,67812,403$ 12,403$ 18,506$ 5,513$ 44,100$ 38,391$ 54,810$ 73,710$ 75,639$ 46,267$ 40,635$ 16,301$ Other (Weekend)578,51318,528$ 18,528$ 27,143$ 7,700$ 61,600$ 50,050$ 66,990$ 95,095$ 97,886$ 56,549$ 49,665$ 28,779$ Total Revenue3,107,87085,859$ 88,266$ 130,161$ 38,625$ 337,700$ 246,513$ 366,433$ 522,665$ 543,530$ 365,486$ 251,389$ 131,244$ 86,37672,315143,41329,881324,750257,672236,925469,175548,995432,266271,650154,289Avg. Rate77.13$49.06$ 50.44$ 55.39$ 77.25$ 84.43$ 75.85$ 84.24$ 100.51$ 96.20$ 74.65$ 58.46$ 57.06$ Misc Revenue76.13$ ##########Club Rental 21,50050$ 50$ 500$ 100$ 2,700$ 3,100$ 2,500$ 3,100$ 3,000$ 2,700$ 2,475$ 1,225$ Driving Range Balls 96,2001,800$ 1,700$ 3,000$ 1,100$ 9,500$ 9,900$ 15,000$ 16,500$ 18,500$ 8,100$ 7,425$ 3,675$ Rider Fees5,580-$ -$ -$ -$ -$ -$ 1,400$ 1,400$ 1,500$ 540$ 495$ 245$ Handicap Fees2,500-$ -$ -$ -$ -$ -$ 1,700$ 400$ 400$ -$ -$ -$ Independent Instructor Fees7,500-$ -$ -$ -$ 1,000$ 1,000$ 1,000$ 1,500$ 1,500$ 1,500$ -$ -$ Ball Retreival 2,500500$ -$ -$ 500$ -$ -$ 500$ -$ -$ 1,000$ -$ -$ -$ Total135,7802,350$ 1,750$ 3,500$ 1,700$ 13,200$ 14,000$ 22,100$ 22,900$ 24,900$ 13,840$ 10,395$ 5,145$ 4/20/202111295 296 2021-2022 ANNUAL PLAN SilverRock ResortRUN DATE: 20-Apr-21 01:44 PMProjections - July 2021 to June 2022PREPARED BY: Landmark Golf ManagementGOLF SHOP - 61TOTALJUL.AUG.SEP.OCT.NOV.DEC.JAN.FEB.MAR.APR.MAYJUN.GOLF SHOP MERCHANDISE SALESTOTAL # OF ROUNDS40,2961,750 1,750 2,350 500 4,000 3,250 4,350 5,200 5,650 4,896 4,300 2,300AVERAGE REVENUE / ROUND$4.93 $2.90 $2.90 $3.50 $2.50 $5.00 $5.00 $5.50 $5.50 $5.50 $5.50 $4.90 $4.90TOTAL MERCHANDISE SALES$198,7435,075 5,075 8,225 1,250 20,000 16,250 23,925 28,600 31,075 26,928 21,070 11,27018,37537,500MERCHANDISE REVENUE75.00%25.00%Soft Goods Sales149,0573,806 3,806 6,169 938 15,000 12,188 17,944 21,450 23,306 20,196 15,803 8,453Hard Goods Sales49,6861,269 1,269 2,056 313 5,000 4,063 5,981 7,150 7,769 6,732 5,268 2,818Misc. Golf Shop Sales00 0 0 0 0 0 0 0 0 0 0 0Sales Discounts - 00 0 0 0 0 0 0 0 0 0 0 0Sales Discounts - Hit the Green (1%)00 0 0 0 0 0 0 0 0 0 0 0 TOTAL MERCHANDISE REVENUE198,7435,075 5,075 8,225 1,250 20,000 16,250 23,925 28,600 31,075 26,928 21,070 11,270COST OF SALES55.97%55.97% 55.97% 55.97% 55.97% 55.97% 55.97% 55.97% 55.97% 55.97% 55.97% 55.97% 55.97%COS - Merchandise (58%)115,2712,944 2,944 4,771 725 11,600 9,425 13,877 16,588 18,024 15,618 12,221 6,537Purchase Disc Taken - (5%)(5,764)(147) (147) (239) (36) (580) (471) (694) (829) (901) (781) (611) (327)Freight - Merchandise1,72944 44 72 11 174 141 208 249 270 234 183 98 TOTAL COST OF SALES111,2362,840 2,840 4,604 700 11,194 9,095 13,391 16,007 17,393 15,072 11,793 6,308GROSS PROFIT87,5072,235 2,235 3,621 550 8,806 7,155 10,534 12,593 13,682 11,856 9,277 4,962SALARIES AND BENEFITS9,4149,9938,7608,24810,87012,04213,52712,480Salaries and Wages162,1128,148 8,148 8,692 8,021 16,415 16,415 16,415 16,415 16,415 15,775 15,925 15,325Payroll Taxes 15,806794 794 847 782 1,601 1,601 1,601 1,601 1,601 1,538 1,553 1,494Workers' Compensation 10,091507 507 541 499 1,022 1,022 1,022 1,022 1,022 982 991 954Health Insurance/Benefits8,832736 736 736 736 736 736 736 736 736 736 736 736 TOTAL SALARIES AND BENEFITS196,84110,185 10,185 10,816 10,039 19,774 19,774 19,774 19,774 19,774 19,032 19,206 18,510SUPPLIES AND MATERIALSOTHER EXPENSESOffice Supplies 3,000250 250 250 250 250 250 250 250 250 250 250 250Dues and Subscriptions 2,3000 0 0 0 0 0 0 0 0 0 2,300Freight / Delivery 750 0 0 25 25 25 0 0 0 0 0 0Travel 900 0 0 0 0 0 15 1515151515Uniforms2,400100 100 100 100 300 200 500 200 200 200 200 200Telephone 1,320110 110 110 110 110 110 110 110 110 110 110 110Seminars / Training 3,690150 150 150 5000 100 1,250353535 1,25035Miscellaneous 6,000500 500 500 500 500 500 500 500 500 500 500 500 TOTAL OTHER EXPENSES18,8751,110 1,110 1,110 1,485 1,185 1,185 2,625 1,110 1,110 1,110 4,625 1,110 TOTAL EXPENSES215,71611,295 11,295 11,926 11,524 20,959 20,959 22,399 20,884 20,884 20,142 23,831 19,620Seminars/Training - Reimbursement for eligible golf shop employees (Director of Golf, Head Professional & 1st Assistant Golf Professional) for PGA Training, Education and Travel Expenses. Office Supplies are made up of: Golf Cart Rental Agreements,Golf Club Rental Agreements, Gift Certificates & Merchandise BagsUniforms- Each Full-Time Emp receives (1) shirt per month4/20/202112297 2021-2022 ANNUAL PLAN SilverRock ResortRUN DATE: 19-Apr-21 11:49 AMProjections - July 2021 to June 2022PREPARED BY: Landmark Golf ManagementCARTS, BAGROOM & RANGE - 641TOTAL JUL. AUG. SEP. OCT. NOV. DEC. JAN. FEB. MAR. APR. MAY JUN.SALARIES AND BENEFITS7,540 6,574 8,506 4,181 9,821 11,246 12,697 13,780Salaries and Wages202,354 8,330 8,330 8,330 9,044 16,940 22,680 24,300 24,300 24,300 24,300 16,200 15,300Incentives \ Bonus 0Payroll Taxes 25,1931,037 1,037 1,037 1,126 2,109 2,824 3,025 3,0253,025 3,025 2,017 1,905Workers' Compensation 12,597519 519 519 563 1,055 1,412 1,513 1,5131,513 1,513 1,008 952Health Insurance/Benefits8,832736 736 736 736 736 736 736 736736 736 736 736 TOTAL SALARIES AND BENEFITS248,976 10,622 10,622 10,622 11,469 20,840 27,651 29,574 29,574 29,574 29,574 19,961 18,893153,00511,258 8,062 9,003 3,900 11,890 15,750 17,092 14,750 15,700 15,750 14,350 15,500SUPPLIES AND MATERIALSRange Expendable Supplies6,750600 600 150 150 1,800 150 1,000 1,000150 150 500 500Towel Replacement2,182120 120 120 120 185 195 250 250250 250 25072Bottled Water19,9001,500 1,500 1,500 100 10,000 200 200 200200 1,500 1,500 1,500Cart Supplies1,850000 500 500 500757550505050Range Balls10,0000000 10,0000000000 TOTAL SUPPLIES AND MATERIALS40,682 2,220 2,220 1,770 870 22,485 1,045 1,525 1,525650 1,950 2,300 2,122REPAIRS AND MAINTENANCEEquipment Repair - Golf3,600300 300 300 300 300 300 300 300300 300 300 300 TOTAL REPAIRS AND MAINTENANCE3,600 300 300 300 300 300 300 300 300300 300 300 300OTHER EXPENSESExpendable Supplies 52525 25 25 505050505050505050Printing / Stationary 420000000707070707070Cart Maintenance & Repairs 18,0361,503 1,503 1,503 1,503 1,503 1,503 1,503 1,5031,503 1,503 1,503 1,503Freight / Delivery 450757575757575000000Uniforms5,200000 2,000 500 500005000 1,500 200Fuel (Shuttles & Range Picker)3,00000 100 100 300 400 450 450450 450 200 100Laundry and Linen 9,600800 800 800 800 800 800 800 800800 800 800 800Miscellaneous 7,200600 600 600 600 600 600 600 600600 600 600 600 TOTAL OTHER EXPENSES44,431 3,003 3,003 3,103 5,128 3,828 3,928 3,473 3,4733,973 3,473 4,723 3,323 TOTAL EXPENSES337,689 16,145 16,145 15,795 17,767 47,453 32,924 34,872 34,872 34,497 35,297 27,284 24,638Expendable Supplies are made up of: - Scorecards, Tees, Pencils, Trash Bags,Cups & First Aid Supplies.Uniforms- Each employee receives 4 shirts, 1 hat per season4/20/202113298 2021-2022 ANNUAL PLAN SilverRock ResortRUN DATE: 20-Apr-21 01:44 PMProjections - July 2021 to June 2022PREPARED BY: Landmark Golf ManagementCOURSE SERVICES - 643TOTAL JUL. AUG. SEP. OCT. NOV. DEC. JAN. FEB. MAR. APR. MAY JUN.SALARIES AND BENEFITS1,850 1,400 2,590800 3,600 5,667 5,700 5,700Salaries and Wages83,8523,060 2,856 3,281 1,785 8,050 11,270 12,075 12,075 12,075 9,675 3,825 3,825Payroll Taxes 8,176298278320174785 1,099 1,177 1,177 1,177943373373Workers' Compensation 5,220190178204111501702752752752602238238 TOTAL SALARIES AND BENEFITS 97,2473,549 3,312 3,805 2,070 9,336 13,070 14,004 14,004 14,004 11,221 4,436 4,436SUPPLIES AND MATERIALSExpendable Supplies 1,05050 501001001001001001001001007575 TOTAL SUPPLIES AND MATERIALS 1,05050501001001001001001001001007575OTHER EXPENSESUniforms 2,12575 7575800752507575754007575Safety Equipment 600505050505050505050505050Miscellaneous 20000050505050000001 TOTAL OTHER EXPENSES2,926125125125900175350176125125450125125 TOTAL COURSE SERVICES EXPENSES101,2233,7243,487 4,030 3,070 9,611 13,520 14,279 14,229 14,229 11,771 4,636 4,636Expendable Supplies are made up of: Clipboards, Paper (starter sheets, ranger sheets), Towels, Trash BagsUniforms- Each employee receives 4 shirts, 1 hat per season4/20/202114299 SilverRock ResortRUN DATE: 20-Apr-21 01:00 PMProjections - July 2021 to June 2022PREPARED BY: Landmark Golf ManagementMAINTENANCE DEPARTMENT - 63 TOTAL JUL. AUG. SEP. OCT. NOV. DEC. JAN. FEB. MAR. APR. MAY JUN.SALARIES AND BENEFITSSalaries and Wages757,39134,752 34,752 44,714 53,506 70,846 72,840 75,094 75,040 75,045 75,045 71,805 73,951Overtime Hourly Wages 18,500000 16,0000000 2,500000Payroll Taxes 75,6493,388 3,388 4,360 6,777 6,907 7,102 7,322 7,316 7,561 7,317 7,001 7,210Workers' Compensation 28,8651,303 1,303 1,677 2,406 2,657 2,732 2,816 2,814 2,877 2,814 2,693 2,773Health Insurance/Benefits99,2326,000 6,000 7,472 8,208 8,944 8,944 8,944 8,944 8,944 8,944 8,944 8,944 TOTAL SALARIES AND BENEFITS979,63845,44445,44458,22386,89789,35491,61894,17694,11496,92794,12090,44392,878SUPPLIES AND MATERIALSFertilizer93,6705,870 4,100 9,880 22,500 8,500 8,950 5,000 3,020 3,370 8,500 3,350 10,630Flowers/Plants3,05000 1,000 2500 750 750 100 100 100Gas & Oils46,8603,200 3,450 3,850 4,750 4,850 4,150 3,570 3,880 3,880 3,850 3,850 3,580Golf Course Accessories13,140000 12,300000 1600 68000Chemicals & Pesticides50,06013,754 190 7,820 9,359 2,1000 3,033 190 1,806 3,100 2,200 6,508POA Control9,90000 2,40000 7,500000000Sand/Mulch/Bunker13,460390 390 5,000 2,000 4,000 800 380 100 100 100 100 100Seed116,900000 105,000 11,9000000000Small Tools 5,000100 100 2,000 2,000 100 100 100 100 100 100 100 100Sod15,5005,300 4,500 1,0000000000 1,250 3,450Topdressing 10,0002,000 2,2000 2,200 60000000 1,500 1,5000 TOTAL SUPPLIES AND MATERIALS377,54030,61414,93032,950160,35932,05022,25012,8337,5509,35616,43012,35025,868REPAIRS AND MAINTENANCEBuildings & Bridges 5,5501,250 750 550 500 500 500 250 250 250 250 250 250Equipment38,5002,000 2,500 3,000 10,000 5,000 2,000 2,500 2,500 2,000 2,000 2,500 2,500Irrigation System 19,0504,400 3,500 1,500 2,000 900 550 1,200 1,000 1,000 1,000 1,000 1,000Pumps10,5001,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 5000Lake Maint Contract 30,8003,850 3,850 3,850 3,850 3,8500000 3,850 3,850 3,850Trees14,05000 5,500 5500000 4,000 4,00000 TOTAL REPAIRS AND MAINTENANCE118,45012,50011,60015,40017,90011,2504,0504,9504,7508,25012,1008,1007,6002021-2022 ANNUAL PLAN 4/20/202115300 SilverRock ResortRUN DATE: 20-Apr-21 01:00 PMProjections - July 2021 to June 2022PREPARED BY: Landmark Golf ManagementMAINTENANCE DEPARTMENT - 63 TOTAL JUL. AUG. SEP. OCT. NOV. DEC. JAN. FEB. MAR. APR. MAY JUN.2021-2022 ANNUAL PLAN OTHER EXPENSESContract Services Soil/Tissue Tests2,00000 1,0000000000 1,0000Dues and Subscriptions 6800000000 2000 3800 100Employee Education3,90050505050505050 1,000 2,400505050Equipment Rental 3,400200 150 150 1,000 600 200 200 200 200 200 200 100Auto Expense4,800400 400 400 400 400 400 400 400 400 400 400 400Licenses and Permits 4,30010000 25005000 1,000 2,90000Miscellaneous1,200100 100 100 100 100 100 100 100 100 100 100 100Supplies 4,350750 750 750 500 500 500 100 100 100 100 100 100Propane/Natural Gas 180151515151515151515151515Safety Equipment & Training3,850200 100 750 800 500 400 400 200 200 100 100 100Telephone/DSL10,200850 850 850 850 850 850 850 850 850 850 850 850Waste/Trash Removal6,288524 524 524 524 524 524 524 524 524 524 524 524Uniforms & Linen/Towels 11,040920 920 920 920 920 920 920 920 920 920 920 920 TOTAL OTHER EXPENSES56,1884,1093,8595,5095,4094,4594,0093,5594,5096,7096,5394,2593,259TOTAL MAINTENANCE EXP. (EXCL Landscaping)1,531,81692,66775,833112,082270,565137,113121,927115,518110,923121,242129,189115,152129,6054,500LANDSCAPE13,00012,20012,70013,10011,40013,80012,6009,600Wages156,528 13,334 13,334 12,904 12,904 12,904 13,334 13,334 12,004 13,334 12,904 13,334 12,904Overtime Hourly Wages 3,418 0 0 0 3,418 0 0 0 0 0 0 0 0Payroll Taxes 15,595 1,300 1,300 1,258 1,591 1,258 1,300 1,300 1,170 1,300 1,258 1,300 1,258Workers' Compensation 5,955 500 500 484 569 484 500 500 450 500 484 500 484Health Insurance/Benefits22,448 1,104 1,104 1,104 1,472 2,208 2,208 2,208 2,208 2,208 2,208 2,208 2,208Landscape Wages & Benefits203,94416,238 16,238 15,750 19,954 16,854 17,342 17,342 15,832 17,342 16,854 17,342 16,854Small Tools1,025 100 100 100 100 100 75 757575757575Repairs & Maintenance - Drip Irrigation4,250250 250 500 500 500 500 250 250 250 250 250 500Uniforms3,480290 290 290 290 290 290 290 290 290 290 290 290TOTAL LANDSCAPE MAINTENANCE212,699 16,878 16,878 16,640 20,844 17,744 18,207 17,957 16,447 17,957 17,469 17,957 17,719COURSE & LANDSCAPE MAINTENANCE TOTAL 1,744,514109,545 92,711 128,722 291,409 154,858 140,134 133,475 127,371 139,199 146,658 133,109 147,324(EXCL UTILITIES)WATER & ELECTRICITY COSTSWater Cost107,60910,150 9,150 10,400 11,200 8,125 5,305 7,200 6,120 7,150 10,120 13,250 9,439Electricity Cost141,61014,100 14,210 8,900 8,200 8,800 8,400 13,600 13,200 11,800 12,800 13,500 14,100 TOTAL WATER AND ELECTRIC COST249,21924,250 23,360 19,300 19,400 16,925 13,705 20,800 19,320 18,950 22,920 26,750 23,539 TOTAL COURSE MAINTENANCE EXPENSES1,993,733133,795116,071148,022310,809171,783153,839154,275146,691158,149169,578159,859170,8634/20/202116301 SilverRock ResortRUN DATE: 20-Apr-21 01:00 PMProjections - July 2021 to June 2022PREPARED BY: Landmark Golf ManagementG & A DEPARTMENT - 67TOTALJUL. AUG. SEP. OCT. NOV. DEC. JAN. FEB. MAR. APR. MAY JUN.SALARIES AND BENEFITSSalaries and Wages245,01219,715 19,715 19,715 19,443 20,803 20,803 20,803 20,803 20,803 20,803 20,803 20,803Payroll Taxes 23,8891,922 1,922 1,922 1,896 2,028 2,028 2,028 2,028 2,028 2,028 2,028 2,028Workers' Compensation 15,2521,227 1,227 1,227 1,210 1,295 1,295 1,295 1,295 1,295 1,295 1,295 1,295Health Insurance/Benefits32,2562,688 2,688 2,688 2,688 2,688 2,688 2,688 2,688 2,688 2,688 2,688 2,688 TOTAL SALARIES AND BENEFITS316,40825,552 25,552 25,552 25,237 26,814 26,814 26,814 26,814 26,814 26,814 26,814 26,814REPAIRS AND MAINTENANCEEquipment Repair 1,9000 100 100 100 900 100 100 100 100 100 100 100TOTAL REPAIRS AND MAINTENANCE1,9000 100 100 100 900 100 100 100 100 100 100 100OTHER EXPENSESOffice Supplies 1,260105 105 105 105 105 105 105 105 105 105 105 105Printing / Stationary 3,300100 100 100 100 100 400 400 400 400 400 400 400Postage 90075 75 75757575757575757575Recruiting / Relocation 1,20000 150 150 150 200 150 200 200000Dues and Subscriptions 1,150500 200505050 100 2005050 30050Freight / Delivery 600505050505050505050505050Travel 1,1000 10000000 1000 200 500 200Promotion 1,200100 100 100 100 100 100 100 100 100 100 100 100Auto Expense 6,000500 500 500 500 500 500 500 500 500 500 500 500Equipment Rental (Copier/Storage) 6,600550 550 550 550 550 550 550 550 550 550 550 550Uniforms 1,050757575 150 15075757575757575Professional Fees (I.T. & Safety Fees)13,2001,100 1,100 1,100 1,100 1,100 1,100 1,100 1,100 1,100 1,100 1,100 1,100Seminars / Training 2,400200 200 200 200 200 200 200 200 200 200 200 200Payroll Processing12,0001,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000Computer Supplies (POS Support Fees)6,300500 500 500 500 500 500 500 500 500 500 500 800Bank & ADP Fees1,080909090909090909090909090Miscellaneous 6,000100 100 100 100 1,000 4,000 100 100 100 100 100 100 TOTAL OTHER EXPENSES65,3404,595 4,645 4,895 4,820 5,720 8,995 5,095 5,345 5,095 5,095 5,645 5,395TOTAL G & A EXPENSES383,64830,147 30,297 30,547 30,157 33,434 35,909 32,009 32,259 32,009 32,009 32,559 32,309Uniforms- Benefit to be shared between GM & ControllerEntertainment & Promotion - GM promoting property for potential clients2021-2022 ANNUAL PLAN 4/20/202117302 2021-2022 ANNUAL PLAN SilverRock ResortMARKETING 20-Apr-21 01:00 PMProjections - July 2021 to June 2022PREPARED BY: Landmark Golf ManagementMARKETING DEPARTMENT - 66TOTALJUL. AUG. SEP. OCT. NOV. DEC. JAN. FEB. MAR. APR. MAY JUN.SALARIES AND BENEFITSSalaries and Wages15,0001,250 1,250 1,250 1,250 1,250 1,250 1,250 1,250 1,250 1,250 1,250 1,250Payroll Taxes 1,463122 122 122 122 122 122 122 122 122 122 122 122Workers' Compensation 93478 78 78 787878787878787878Health Insurance/Benefits2,57600000 368 368 368 368 368 368 368 TOTAL SALARIES AND BENEFITS19,9721,450 1,450 1,450 1,450 1,450 1,818 1,818 1,818 1,818 1,818 1,818 1,818OTHER EXPENSESOffice Supplies 1,200100 100 100 100 100 100 100 100 100 100 100 100Printing / Stationary 4,4250 0 200 3,000 200 200 200 125 125 125 125 125Postage 60050 50 50 505050505050505050Contract Services Web Page 1,800150 150 150 150 150 150 150 150 150 150 150 150Dues and Subscriptions 73500000035 400 300000Uniforms 600000 30050505050505000Telephone 1,200100 100 100 100 100 100 100 100 100 100 100 100Civic, Community and Trade Show 2,25075757575 750 750757575757575Public Relations1,000000000 500 5000000Promotions / Meals 300252525252525252525252525Promotion - (Media, Vendor Days, etc)7000 0 0505050 3005050505050Advertising (Ad Purchases) 151,1332,566 2,566 10,715 13,766 23,194 14,624 19,161 16,206 14,599 15,729 10,906 7,101Collateral Material - (Yrd Bks, Rack Cds, Statn, Brochures)5,500000 500 1,0000 500 500 500 500 1,000 1,000Miscellaneous350000050505050505050 TOTAL OTHER EXPENSES171,793 3,066 3,066 11,415 18,116 25,719 16,149 21,296 18,381 16,174 17,004 12,631 8,776 TOTAL MARKETING EXPENSES191,765 4,516 4,516 12,865 19,566 27,169 17,967 23,114 20,199 17,992 18,822 14,449 10,594Promotion/Meals - Off property events (Chamber Mixers, Rotaries andentertaining potential clients)Promotion/Media/Vendor Days - Radio/TV Onsite Broadcasting.Vendor Days - Show casing property in exchange for positive publicity4/20/202118303 SilverRock ResortMARKETING 20-Apr-21 01:00 PMProjections - July 2021 to June 2022PREPARED BY: Landmark Golf ManagementTEMPORARY CLUBHOUSE - 800TOTALJUL. AUG. SEP. OCT. NOV. DEC. JAN. FEB. MAR. APR. MAY JUN.SUPPLIES AND MATERIALSExpendable Supplies 2,400200200200200200200200200200200200200Laundry Supplies 2,400200200200200200200200200200200200200 TOTAL SUPPLIES AND MATERIALS4,800400400400400400400400400400400400400REPAIRS AND MAINTENANCEBuilding Structures 3,600300300300300300300300300300300300300Restaurant Repairs 8,400700700700700700700700700700700700700Equipment Repair 8,400700700700700700700700700700700700700 TOTAL REPAIRS AND MAINTENANCE20,4001,7001,7001,7001,7001,7001,7001,7001,7001,7001,7001,7001,700OTHER EXPENSESContract Services Cleaning 4,800400400400400400400400400400400400400Telephone 13,8001,150 1,150 1,150 1,150 1,150 1,150 1,150 1,150 1,150 1,150 1,150 1,150Cable-Roadrunner4,560380380380380380380380380380380380380Water 3,852321321321321321321321321321321321321Safety Equipment 1,200100100100100100100100100100100100100Natural Gas 12,1808508508508508508501,1801,1801,1801,1801,1801,180Flowers and Decorations 1,90000050000500050000400Building Security (Roving Patrol)60,0005,0005,0005,0005,0005,0005,0005,0005,0005,0005,0005,0005,000Miscellaneous 0000000000000 TOTAL OTHER EXPENSES102,2928,2018,2018,2018,7018,2018,2019,0318,5319,0318,5318,5318,931 TOTAL CLUBHOUSE EXPENSES127,49210,30110,30110,30110,80110,30110,30111,13110,63111,13110,63110,63111,031Expendable Supplies made up of: Locksmith, Trashbags, Lightbulbs, Mats,Items related to Maintenance of Clubhouse2021-2022 ANNUAL PLAN 4/20/202119304 SilverRock ResortRUN DATE: 20-Apr-21 01:00 PMProjections - July 2021 to June 2022PREPARED BY: Landmark Golf ManagementMISC. DEPARTMENT - 980 & 990TOTALJUL. AUG. SEP. OCT. NOV. DEC. JAN. FEB. MAR. APR. MAY JUN.12,5007,500MISC OTHER EXPENSESManagement Fee - Fixed118,5609,880 9,880 9,880 9,880 9,880 9,880 9,880 9,880 9,880 9,880 9,880 9,880FF&E Reserve (2.0%)62,1571,717 1,765 2,603 773 6,754 4,930 7,329 10,453 10,871 7,310 5,028 2,625General Liability Insurance64,8005,400 5,400 5,400 5,400 5,400 5,400 5,400 5,400 5,400 5,400 5,400 5,400Personal Property Taxes 11,8005,2000 4,000 2,60000000000257,317 22,197 17,045 21,883 18,653 22,034 20,210 22,609 25,733 26,151 22,590 20,308 17,905LEASE EXPENSESGolf Cart Leases144,00012,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000Trailer Leases0000000000000Golf Course Maintenance Lease148,80012,400 12,400 12,400 12,400 12,400 12,400 12,400 12,400 12,400 12,400 12,400 12,400GPS Lease (Up-Link)34,8002,900 2,900 2,900 2,900 2,900 2,900 2,900 2,900 2,900 2,900 2,900 2,900Equipment Rental Other20,2001,150 1,150 1,150 1,150 1,950 1,950 1,950 1,950 1,950 1,950 1,950 1,950347,800 28,450 28,450 28,450 28,450 29,250 29,250 29,250 29,250 29,250 29,250 29,250 29,2502021-2022 ANNUAL PLAN 4/20/202120305 306 2019-2020 Annual BudgetRUN DATE: 20-Apr-21 11:48 AMPREPARED BY: Landmark Golf ManagementFOOD & BEVERAGE DEPT - 62 TOTAL JUL. AUG. SEP. OCT. NOV.DEC.JAN.FEB.MAR.APR.MAYJUN.FOOD REVENUETOTAL NUMBER OF ROUNDS40,2961,7501,7502,3505004,0003,2504,3505,2005,6504,8964,3002,300GRILL ROOM/TERRACEAVERAGE FOOD REVENUE PER ROUND$3.50$1.00$1.00$1.00$1.00$1.00$1.00$7.50$8.00$8.00$4.00$5.50$3.00 TOTAL SNACK SHOP FOOD REVENUE183,1591,7501,7502,3505004,0003,25032,62541,60045,20019,58423,6506,900119,541.00$ BEVERAGE CARTSAVERAGE FOOD REVENUE PER ROUND$1.15$1.05$1.00$1.00$1.00$1.00$1.00$1.25$1.25$1.25$1.50$1.50$1.00 TOTAL BEVERAGE CART FOOD REVENUE48,7821,8381,7502,3505004,0003,2505,4386,5007,0637,3446,4502,30037,813.00$ AVERAGE FOOD $ PER ROUND$4.65$2.05$2.00$2.00$2.00$2.00$2.00$8.75$9.25$9.25$5.50$7.00$4.00BEVERAGE REVENUETOTAL NUMBER OF ROUNDS40,2961,7501,7502,3505004,0003,2504,3505,2005,6504,8964,3002,300GRILL ROOM/TERRACEAVERAGE BEVERAGE REVENUE PER ROUND$3.00$1.00$1.00$1.00$1.00$2.25$2.25$3.00$3.50$6.00$6.00$4.50$4.50 TOTAL SNACK SHOP BEVERAGE REVENUE146,8891,7501,7502,3505009,0007,31313,05018,20033,90029,37619,35010,35050.48%75,626.00$ BEVERAGE CARTSAVERAGE BEVERAGE REVENUE PER ROUND$2.98$1.00$1.00$1.00$1.00$4.00$3.75$3.25$3.50$6.25$3.50$3.75$3.75 TOTAL BEVERAGE CART BEVERAGE REVENUE144,0741,7501,7502,35050016,00012,18814,13818,20035,31317,13616,1258,62549.52%AVERAGE BEVERAGE $ PER ROUND$10.63$2.00$2.00$2.00$2.00$6.25$6.00$6.00$7.00$12.25$9.50$8.25$8.2537,816.00$ FOOD REVENUESnack Shop/Terrace Food183,159$1,750$ 1,750$ 2,350$ 500$ 4,000$ 3,250$ 32,625$ 41,600$ 45,200$ 19,584$ 23,650$ 6,900$ Beverage Cart Food48,782$1,838$ 1,750$ 2,350$ 500$ 4,000$ 3,250$ 5,438$ 6,500$ 7,063$ 7,344$ 6,450$ 2,300$ Other Food Income-$ -$ -$ -$ -$ -$ -$ Non-Taxable Tournament Site Fees-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Special Events12,000$-$ -$ -$ 3,000$ 3,000$ -$ -$ -$ -$ 3,000$ 3,000$ -$ TOTAL FOOD REVENUE243,941$3,588$ 3,500$ 4,700$ 4,000$ 11,000$ 6,500$ 38,063$ 48,100$ 52,263$ 29,928$ 33,100$ 9,200$ 9,254$ 7,063$ 17,972$ 2,621$ 32,205$ 20,946$ 30,377$ 29,047$ BEVERAGE REVENUESnack Shop/Terrace Beer & Wine88,133$1,050$ 1,050$ 1,410$ 300$ 5,400$ 4,388$ 7,830$ 10,920$ 20,340$ 17,626$ 11,610$ 6,210$ Snack Shop/Terrace Sodas58,755$700$ 700$ 940$ 200$ 3,600$ 2,925$ 5,220$ 7,280$ 13,560$ 11,750$ 7,740$ 4,140$ Beverage Cart Beer & Wine72,037$875$ 875$ 1,175$ 250$ 8,000$ 6,094$ 7,069$ 9,100$ 17,656$ 8,568$ 8,063$ 4,313$ Beverage Cart Sodas72,037$875$ 875$ 1,175$ 250$ 8,000$ 6,094$ 7,069$ 9,100$ 17,656$ 8,568$ 8,063$ 4,313$ TOTAL BEVERAGE REVENUE290,962$3,500$ 3,500$ 4,700$ 1,000$ 25,000$ 19,500$ 27,188$ 36,400$ 69,213$ 46,512$ 35,475$ 18,975$ 7,174$ 5,780$ 12,209$ 1,939$ 15,385$ 12,175$ 23,905$ 24,530$ TOTAL FOOD & BEVERAGE REVENUE534,903$7,088$ 7,000$ 9,400$ 5,000$ 36,000$ 26,000$ 65,250$ 84,500$ 121,475$ 76,440$ 68,575$ 28,175$ LESS COST OF SALES1$COS - Food (37%)88,038$1,327$ 1,295$ 1,739$ 1,480$ 4,070$ 2,405$ 14,083$ 17,797$ 19,337$ 9,963$ 11,137$ 3,404$ COS - Beer & Wine (25%)40,042$481$ 481$ 646$ 138$ 3,350$ 2,620$ 3,725$ 5,005$ 9,499$ 6,548$ 4,918$ 2,631$ COS - Sodas (27%)35,314$425$ 425$ 571$ 122$ 3,132$ 2,435$ 3,318$ 4,423$ 8,428$ 5,486$ 4,267$ 2,282$ COS- Employee Meals22,800$1,900$ 1,900$ 1,900$ 1,900$ 1,900$ 1,900$ 1,900$ 1,900$ 1,900$ 1,900$ 1,900$ 1,900$ TOTAL COST OF SALES186,194$ 4,134$ 4,102$ 4,856$ 3,639$ 12,452$ 9,360$ 23,026$ 29,125$ 39,165$ 23,898$ 22,222$ 10,217$ GROSS PROFIT348,708$2,954$ 2,899$ 4,544$ 1,361$ 23,548$ 16,640$ 42,224$ 55,375$ 82,310$ 52,542$ 46,353$ 17,958$ SALARIES AND BENEFITSSalaries and Wages215,798$9,367$ 9,367$ 9,433$ 4,169$ 17,151$ 17,441$ 26,500$ 26,500$ 26,500$ 26,500$ 22,540$ 20,332$ Payroll Taxes 24,709$1,073$ 1,073$ 1,080$ 477$ 1,964$ 1,997$ 3,034$ 3,034$ 3,034$ 3,034$ 2,581$ 2,328$ Workers' Compensation 8,891$386$ 386$ 389$ 172$ 707$ 719$ 1,092$ 1,092$ 1,092$ 1,092$ 929$ 838$ Health Insurance 36,672$3,056$ 3,056$ 3,056$ 3,056$ 3,056$ 3,056$ 3,056$ 3,056$ 3,056$ 3,056$ 3,056$ 3,056$ TOTAL SALARIES AND BENEFITS286,069$13,881$ 13,881$ 13,958$ 7,874$ 22,877$ 23,212$ 33,682$ 33,682$ 33,682$ 33,682$ 29,105$ 26,553$ SUPPLIES AND MATERIALS329,821$ 26,320$ 12,748$ 14,588$ 11,052$ 21,569$ 22,292$ 32,877$ 36,800$ 47,938$ 38,800$ 37,800$ 27,037$ Expendable Supplies 4,000$300$ 300$ 300$ 300$ 200$ 400$ 400$ 400$ 400$ 400$ 300$ 300$ Bar Utensils 1,250$150$ 100$ 100$ 100$ 100$ 100$ 100$ 100$ 100$ 100$ 100$ 100$ Menus, Napkins and Placemats 3,825$175$ 175$ 175$ 500$ 250$ 250$ 550$ 350$ 350$ 350$ 350$ 350$ TOTAL SUPPLIES AND MATERIALS9,075$625$ 575$ 575$ 900$ 550$ 750$ 1,050$ 850$ 850$ 850$ 750$ 750$ REPAIRS AND MAINTENANCEEquipment Repair 5,900$400$ 500$ 500$ 500$ 500$ 500$ 500$ 500$ 500$ 500$ 500$ 500$ TOTAL REPAIRS AND MAINTENANCE5,900$400$ 500$ 500$ 500$ 500$ 500$ 500$ 500$ 500$ 500$ 500$ 500$ OTHER EXPENSESOffice Supplies 1,500$100$ 100$ 100$ 250$ 250$ 100$ 100$ 100$ 100$ 100$ 100$ 100$ Phone857$71$ 71$ 71$ 71$ 71$ 71$ 71$ 76$ 71$ 71$ 71$ 71$ Equipment Rental 1,294$109$ 109$ 109$ 95$ 109$ 109$ 109$ 109$ 109$ 109$ 109$ 109$ Non-Capital Equipment 600$50$ 50$ 50$ 50$ 50$ 50$ 50$ 50$ 50$ 50$ 50$ 50$ Uniforms 3,400$150$ 150$ 150$ 1,000$ 150$ 500$ 150$ 150$ 150$ 550$ 150$ 150$ Laundry and Linen 8,400$700$ 700$ 700$ 700$ 700$ 700$ 700$ 700$ 700$ 700$ 700$ 700$ Lease Payment10,896$500$ 500$ 500$ 396$ 1,500$ 1,500$ 1,500$ 1,500$ 1,500$ 500$ 500$ 500$ Bank Fees6,240$520$ 520$ 520$ 520$ 520$ 520$ 520$ 520$ 520$ 520$ 520$ 520$ Seminars / Training 275$25$ 25$ 25$ 25$ -$ 25$ 25$ 25$ 25$ 25$ 25$ 25$ Cleaning Supplies 3,596$250$ 250$ 250$ 250$ 250$ 250$ 346$ 350$ 350$ 350$ 350$ 350$ Flowers and Decorations2,606$100$ 100$ 100$ 206$ 300$ 300$ 300$ 250$ 250$ 300$ 200$ 200$ Licenses and Permits 1,800$-$ 900$ -$ -$ -$ -$ 900$ -$ -$ -$ -$ Miscellaneous6,200$500$ 500$ 500$ 500$ 500$ 500$ 500$ 600$ 600$ 500$ 500$ 500$ TOTAL OTHER EXPENSES47,664$3,075$ 3,975$ 3,075$ 4,063$ 4,400$ 4,625$ 5,271$ 4,430$ 4,425$ 3,775$ 3,275$ 3,275$ 2,500$ 3,809$ 1,773$ 2,860$ 10,545$ 5,600$ 6,100$ 9,000$ 7,900$ 9,700$ 6,100$ 4,500$ TOTAL EXPENSES348,708$17,981$ 18,931$ 18,108$ 13,337$ 28,327$ 29,087$ 40,503$ 39,462$ 39,457$ 38,807$ 33,630$ 31,078$ TOTAL FOOD & BEVERAGE PROFIT (Loss)(0)$ (15,028)$ (16,033)$ (13,564)$ (11,976)$ (4,779)$ (12,448)$ 1,721$ 15,914$ 42,854$ 13,736$ 12,723$ (13,120)$ 17,191.00$ (21,636)$ (13,631)$ (3,859)$ (10,762)$ 2,670$ (7,190)$ 12,709$ 14,810$ 29,130$ 16,100$ 12,450$ (13,600)$ (26,049.39)$ Supplies Expendable is made up of: Smallwares, Papergoods, First-aidUniforms- Each employee receives 4 shirts, 1 hat per season2019-2020 Annual Budget4/20/202121307 308 SilverRock Resort 2021-2022 Marketing Plan Narrative OBJECTIVE: Continue to expand brand awareness for SilverRock Resort, promote the Arnold Palmer Classic Course as a premier golf course in the Coachella Valley and increase golf and golf-related revenues. In light of Covid-19, a concerted effort will continue to be needed to market and promote SilverRock during this unprecedented pandemic. SilverRock will continue to promote SilverRock as a safe golf facility that is practicing the guidelines set forth by CDC & the County of Riverside. In addition to expanding this awareness, it will also be imperative to continually market SilverRock in a positive light during future construction phases of the Montage and Pendry Luxury Hotels. The 2021-2022 Marketing Plan is built around a slightly scaled back Marketing Budget of $194,730. The total Marketing Plan includes: print advertising, TV & radio, digital marketing, social media, collateral materials, civic and community networking, tournament coordinator salary, public relations, golf/consumer trade shows, supplies, internet websites and e-mail marketing. Actual advertising budget will total $151,133 annually. PRINT ADVERTISING Print advertising is targeted for Coachella Valley Residents and tourist/resort golfers in local, regional and Southern California golf and travel publications. Print advertising consists of local newspaper, golf and travel magazines and regional directories. All print advertising now includes a digital component that is included in each buy. Newspaper advertising is placed in The Desert Sun with primary emphasis on “digital ads” appearing on the Desert Sun website, mobile and App. Special promotions are designed, as needed by season, and placed in various digital arenas. Magazines consist of local and regional magazines such as Palm Springs Life, Golf News Magazine, Desert Golf & Tennis, Locale Magazine, Southland Golf Magazine, Alaska Airlines, Golfing Palm Springs, and Desert Golfing Digest. These ads vary from full page to quarter page ads and are full color. TV & RADIO Television commercials (30 seconds) are placed on all three (3) local network affiliates (CBS2, KESQ3-ABC, KMIR6-NBC) and Time Warner cable stations. Local radio is used for 30- second spots and specific promotions and is primarily aired during summer months to attract local patrons. IN ROOM MEDIA In conjunction with the Travelers Channel, currently the SilverRock commercial is showcased in 18 local hotels representing over 3,500 hotel rooms throughout the Coachella Valley. The Travelers Channel operates in each hotel, and becomes the hotels local in room concierge. The Travelers Channel primary goal is to visually promote the local area, points of interest, history, services, restaurants, shopping, and to help visitors enjoy their stay. DIGITAL MARKETING SilverRock will continue to partner with JNS Media and Madden Media with digital marketing. The marketing plan includes website display banners through the geo target channels like ESPN LA, GolfChannel.com, PGA.com, SCGA.com, and anyone searching 4/20/2021 22 309 keywords such as Golf, Best Golf Courses, Tee Times in Greater Palm Springs/La Quinta producing 10 million impressions. Included in this 2021-2022 Marketing Plan is an ongoing partnership to continue a strong presence in the digital marketing sector. SOCIAL MEDIA, APPS, & MOBILE WEBSITES Social media has proven to be a very successful, powerful and cost effective method of promoting SilverRock. There will be a continued effort and focus on social media including enhancing SilverRock’s Facebook “fan base” which has generated over 20,000 likes and has been very effective way of communicating SilverRock’s news and information. Increased presence will continue this year on Facebook, Twitter, Yelp, Instagram, Golf Advisor, Google, Greenskeeper.org and YouTube. All online reviews are acknowledged and responded to within 48 hours of a post. These methods of advertising and promotion are truly cost effective as they have minimal costs or no cost at all associated with these marketing avenues. Currently, the majority of tee times are booked online; a continued emphasis on the mobile website booking interface that allows visitors to navigate SilverRock’s website more efficiently and effectively will again be a priority for 2021-2022. This past year, SilverRock’s website was updated to a new platform as a new online booking engine which allows golfers to book online. The SilverRock website is a responsive website which allows any user with a PC, tablet or mobile phone to navigate the SilverRock website. SilverRock also introduced a new free App (available on both Droid and iPhones) this past Fall which also allows golfers to book tee times instantly through the App with no booking fees. JUNIOR GOLF SilverRock will continue to support local Junior Golf by offering Junior Lessons, Junior Rates and being a host course for the La Quinta High School Boys and Girls Golf Teams. SilverRock will also continue to participate in SCGA’s Youth on Course program which will provide juniors in Southern California another avenue to have access to golf courses at affordable green fees. COLLATERAL MATERIALS Rack cards, scorecards, and information packets presenting SilverRock Resort are used as marketing tools for SilverRock Resort. Printed material will be produced, as needed, to promote SilverRock Resort as a former Home Course of the Bob Hope Classic 2008-2011. CIVIC AND COMMUNITY NETWORKING AND TRADESHOWS SilverRock Resort is positioned as a community-friendly golf facility and is committed to developing strong relationships with community organizations such as the Greater Coachella Valley Chamber of Commerce and various local service organizations. At various venues locally and around Southern California, trade shows and expos are held that provide an opportunity to promote SilverRock Resort. These trade shows and expos are focused on tourism, golf and golf equipment/apparel, recreation, weddings and other related industries and businesses. SilverRock will continue to partner with regional and local magazines in these trade shows. TOURNAMENTS & GROUP OUTINGS A continued concentrated effort to attract corporate and group outings will be positioned through various networking opportunities. Tournament business represents a large portion of outside play and is an important component of SilverRock’s success. 4/20/2021 23 310 4/19/2021SilverRock Resort-Arnold Palmer Classic CourseGOLF RATES 2021-20222021202120212021202120212022202220222022Reservation TypeJuly 1-Sept. 9July 1-Sept. 9 Sept. 10-Oct. 3 Sept. 10-Oct. 3 Nov. 2-Dec. 25 Nov. 2-Dec. 25 Dec. 26-Apr. 30 Dec. 26-Apr. 30 May 1-June 30 May 1-June 30(Book 90 Days) Mon-ThursFri-Sun Mon-ThursFri-Sun Mon-ThursFri-Sun Mon-ThursFri-Sun Mon-ThursFri-SunPublic 50.00$ 65.00$ 85.00$ 100.00$ 140.00$ 145.00$ 170.00$ 170.00$ 95.00$ 125.00$ Public Twi45.00$ 55.00$ 70.00$ 80.00$ 85.00$ 85.00$ 100.00$ 100.00$ 75.00$ 85.00$ Replay (Booked After Rnd) 25.00$ 25.00$ 35.00$ 35.00$ 50.00$ 50.00$ 50.00$ 50.00$ 35.00$ 35.00$ (Book 3 Days)La Quinta Resident33.00$ 33.00$ 33.00$ 33.00$ 49.00$ 49.00$ 60.00$ 60.00$ 49.00$ 49.00$ La Quinta Resident Guest (30% off posted rate)33.00$ 33.00$ 59.50$ 70.00$ 98.00$ 101.50$ 119.00$ 119.00$ 66.50$ 87.50$ (Book 90 Days)Wholesale40.00$ 50.00$ 75.00$ 85.00$ 105.00$ 105.00$ 145.00$ 145.00$ 65.00$ 75.00$ Wholesale Twilight35.00$ 40.00$ 55.00$ 65.00$ 70.00$ 70.00$ 80.00$ 80.00$ 45.00$ 55.00$ (Book 1 Day)PGA PAID25.00$ 25.00$ 25.00$ 25.00$ 35.00$ 35.00$ 35.00$ 35.00$ 25.00$ 25.00$ Junior Rate (Before 2:00 p.m.)25.00$ 25.00$ 25.00$ 25.00$ 25.00$ 25.00$ 25.00$ 25.00$ 25.00$ 25.00$ Junior Rate (After 2:00 p.m.)10.00$ 10.00$ 15.00$ 15.00$ 15.00$ 15.00$ 15.00$ 15.00$ 15.00$ 15.00$ (Book Up to 1 Year)Groups (13+)Negotiated Rates Negotiated Rates Negotiated Rates Negotiated Rates Negotiated Rates Negotiated Rates Negotiated Rates Negotiated Rates Negotiated Rates Negotiated Rates*Juniors are 17 and under*All rates to include green fee, golf cart, limited amount of range balls prior to round, except golf cart for Juniors*Non golfers-ride alongs-must abide by dress code, riders permitted based upon availability at a rate of $25 per rider.*City Employees-Prevailing Resident RatesOTHER FEESRate/Fee1 Hour Resident10.00$ 1 Hour Non- Resident 15.00$ All Day Range Fee25.00$ Rental Clubs45.00$ Handicap Membership45.00$ (Overseeding Dates: Course Closed Oct. 3-31, 2011)Shaded areas represent dynamic pricing.4/20/202124311 312 City of La Quinta CITY COUNCIL MEETING: June 1, 2021 STAFF REPORT AGENDA TITLE: INTRODUCE FOR FIRST READING AN ORDINANCE AMENDING CHAPTER 3.25 OF LA QUINTA MUNICIPAL CODE RELATED TO CERTAIN RENEWAL APPLICATIONS FOR SHORT-TERM VACATION RENTAL PERMITS RECOMMENDATION A.Move to take up Ordinance No. ___ by title and number only and waive further reading. B. Move to introduce at first reading Ordinance No. ____to amend chapter 3.25 of the Municipal Code related to Short-Term Vacation Rentals. EXECUTIVE SUMMARY The proposed minor code amendments are necessary to align the text with other code sections in Chapter 3.25; and to add clarifying language to further streamline the short-term vacation rental (STVR) permit renewal submittal, processing, and tracking, while ensuring compliance and enforcement with the STVR program. FISCAL IMPACT This code amendment would standardize the STVR permit renewal process and eliminate the need to implement manual tracking for delayed renewals, which in turn would result in staff time savings that would carry long-term benefits as the cost of STVR permits are evaluated from year to year. BACKGROUND/ANALYSIS The proposed code amendment to Section 3.25.030 under the “Local contact person” definition reduces the allowed response time from 45 to 30 minutes and aligns it with other code sections in this Chapter. The proposed code amendments under Sections 3.25.050, subsection D, and 3.25.055, subsection C, are intended to add clarifying language related to the types of allowed STVR permit renewals, and to streamline the renewal processing and tracking, while simultaneously ensuring compliance and enforcement with the STVR program. BUSINESS SESSION ITEM NO. 5 313 ALTERNATIVES Council may elect to adopt some of the changes; instruct Staff to make additional/different amendments. Prepared by: Monika Radeva, City Clerk Approved by: Jon McMillen, City Manager 314 ORDINANCE NO. XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 3.25 OF THE LA QUINTA MUNICIPAL CODE CLARIFYING AND STREAMLINING THE SHORT-TERM VACATION RENTAL PERMITS RENEWAL SUBMITTAL AND PROCESSING WHEREAS, Chapter 3.25 of the La Quinta Municipal Code (LQMC) relates to short-term vacation rentals; and WHEREAS, the City has the authority to regulate businesses operating within the City; and WHEREAS, Chapter 3.25 of the LQMC addresses permitted uses, short- term vacation rental process and permitting procedures; and WHEREAS, code amendments to Section 3.25.030 under the “Local contact person” definition are proposed for consistency with other sections in Chapter 3.25; and WHEREAS, code amendments under Section 3.25.050, subsection D, and Section 3.25.055, subsection C, are intended to add clarifying language related to the types of allowed short-term vacation renal permit renewals, and to streamline the short-term vacation rental permit renewal processing and tracking, while ensuring compliance and enforcement with the short-term vacation rental program, as more particularly set forth in this Ordinance. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. Chapter 3.25 shall be amended as written in "Exhibit A" attached hereto and incorporated herein by reference. SECTION 2. Corrective Amendments: The City Council does hereby grant the City Clerk the ability to make minor amendments and corrections of typographical or clerical errors to "Exhibit A" to ensure consistency of all approved text amendments prior to the publication in the La Quinta Municipal Code. SECTION 3. Posting: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places 315 Ordinance No. XXX Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: Page 2 of 24 designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. SECTION 4. Effective Date: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 5. Severability: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this ____ day of ________, 2021 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________ LINDA EVANS, Mayor City of La Quinta, California 316 Ordinance No. XXX Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: Page 3 of 24 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 317 Ordinance No. XXX Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: Page 4 of 24 Chapter 3.25 SHORT-TERM VACATION RENTALS Chapter 3.25 SHORT-TERM VACATION RENTALS 3.25.010 Title. This chapter shall be referred to as the “Short-Term Vacation Rental Regulations.” (Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.020 Purpose. A.The purpose of this chapter is to establish regulations for the use of privately owned residential dwellings as short-term vacation rentals that ensure the collection and payment of transient occupancy taxes (TOT) as provided in Chapter 3.24 of this code, and minimize the negative secondary effects of such use on surrounding residential neighborhoods. B.This chapter is not intended to provide any owner of residential property with the right or privilege to violate any private conditions, covenants and restrictions applicable to the owner’s property that may prohibit the use of such owner’s residential property for short-term vacation rental purposes as defined in this chapter. (Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) C. The requirements of this chapter shall be presumed to apply to any residential dwelling that has received a short-term vacation rental permit. A rebuttable presumption arises that, whenever there is an occupant(s), paying rent or not, of a residential dwelling that has received a short-term vacation rental permit, the requirements of this chapter shall apply, including but not limited to any suspension or other modifications imposed on a short-term vacation rental permit as set forth in this chapter. The city manager or authorized designee shall have the authority to implement any necessary or appropriate policies and procedures to implement the rebuttable presumption set forth in this section. 3.25.030 Definitions. For purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section: “Advertise,” “advertisement,” “advertising,” “publish,” and “publication” mean any and all means, whether verbal or written, through any media whatsoever whether in use prior to, at the time of, or after the enactment of the ordinance amending this chapter, used for conveying to any member or members of the public the ability or availability to rent a short-term vacation rental unit as defined in this section, or used for conveying to any member or members of the public a notice of an intention to rent a short-term vacation rental unit as defined in this section. For purposes of this definition, the following media are listed as examples, which are not and shall not be construed as exhaustive: Verbal or EXHIBIT A 318 Ordinance No. XXX Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: Page 5 of 24 written announcements by proclamation or outcry, newspaper advertisement, magazine advertisement, handbill, written or printed notice, printed or poster display, billboard display, e-mail or other electronic/digital messaging platform, electronic commerce/commercial Internet websites, and any and all other electronic media, television, radio, satellite-based, or Internet website. “Applicable laws, rules and regulations” means any laws, rules, regulations and codes (whether local, state or federal) pertaining to the use and occupancy of a privately owned dwelling unit as a short-term vacation rental. “Applicant” means the owner of the short-term vacation rental unit. “Authorized agent or representative” means a designated agent or representative who is appointed by the owner and also is responsible for compliance with this chapter with respect to the short-term vacation rental unit. “Booking transaction” means any reservation or payment service provided by a person or entity who facilitates a home-sharing or vacation rental (including short-term vacation rental) transaction between a prospective occupant and an owner or owner’s authorized agent or representative. “City manager” means that person acting in the capacity of the city manager of the city of La Quinta or authorized designee. “Declaration of non-use” means the declaration described in Section 3.25.050. “Dwelling” has the same meaning as set forth in Section 9.280.030 (or successor provision, as may be amended from time to time) of this code; “dwelling” does not include any impermanent, transitory, or mobile means of temporary lodging, including but not limited to mobile homes, recreational vehicles (RVs), car trailers, and camping tents. “Estate home” is defined as a single-family detached residence with five (5) or more bedrooms, subject to evaluation criteria and inspection of the property pursuant to Section 3.25.060(D)(1). An estate home is a sub-type of short-term vacation rental unit and shall be subject to a general short-term vacation rental permit, primary residence short-term vacation rental permit, or homeshare short-term vacation rental permit, as applicable, pursuant to this chapter. “General short-term vacation rental permit” is a type of short-term vacation rental permit that is neither a homeshare short-term vacation rental permit nor a primary residence short-term vacation rental permit. “Good neighbor brochure” means a document prepared by the city that summarizes the general rules of conduct, consideration, and respect, including, without limitation, provisions of this code and other applicable laws, rules or regulations pertaining to the use and occupancy of short-term vacation rental units. “Homeshare short-term vacation rental permit” is a type of short-term vacation rental permit whereby the owner hosts visitors in the owner’s dwelling, for compensation, for periods of thirty (30) consecutive calendar days or less, while 319 Ordinance No. XXX Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: Page 6 of 24 the owner lives on-site and in the dwelling, throughout the visiting occupant’s stay. “Hosting platform” means a person or entity who participates in the home- sharing or vacation rental (including short-term vacation rental) business by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation, including but not limited to the Internet. “Local contact person” means the person designated by the owner or the owner’s authorized agent or representative who shall be available twenty-four hours per day, seven days per week with the ability to respond to the location within forty- fivethirty (30) minutes for the purpose of: (1) taking remedial action to resolve any such complaints; and (2) responding to complaints regarding the condition, operation, or conduct of occupants of the short-term vacation rental unit. A designated local contact person must obtain a business license otherwise required by Sections 3.24.060 and 3.28.020 (or successor provisions, as may be amended from time to time) of this code. “Notice of permit modification, suspension or revocation” means the notice the city may issue to an applicant, authorized agent or representative, local contact person, occupant, owner, responsible person, or any other person or entity authorized to be issued such notice under this code for a short-term vacation rental unit, upon a determination by the city of a violation of this chapter or other provisions of this code relating to authorized uses of property subject to this chapter. “Occupant” means any person(s) occupying the dwelling at any time. “Owner” means the person(s) or entity(ies) that hold(s) legal and/or equitable title to the subject short-term vacation rental. “Primary residence” means a dwelling where an owner spends the majority of the calendar year on the property used as a short-term vacation rental unit, and the property is identified in the Riverside County Assessor’s record as the owner’s primary residence. “Primary residence short-term vacation rental permit” is a type of short-term vacation rental permit whereby the short-term vacation rental unit is the owner’s primary residence, as defined herein in this section. “Property” means a residential legal lot of record on which a short-term vacation rental unit is located. “Rent” has the same meaning as set forth in Section 3.24.020 (or successor provision, as may be amended from time to time) of this code. “Rental agreement” means a written or verbal agreement for use and occupancy of a privately-owned residential dwelling that has been issued a short-term vacation rental permit, including a dwelling that may have a permit which has been or is under suspension. 320 Ordinance No. XXX Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: Page 7 of 24 “Responsible person” means the signatory of an agreement for the rental, use and occupancy of a short-term vacation rental unit, and/or any person(s) occupying the short-term vacation rental unit without a rental agreement, including the owner(s), owner’s authorized agent(s) or representative(s), local contact(s), and their guests, who shall be an occupant of that short-term vacation rental unit, who is at least twenty-one years of age, and who is legally responsible for ensuring that all occupants of the short-term vacation rental unit and/or their guests comply with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term vacation rental unit. “Short-term vacation rental permit” means a permit that permits the use of a privately owned residential dwelling as a short-term vacation rental unit pursuant to the provisions of this chapter, and which incorporates by consolidation a transient occupancy permit and a business license otherwise required by Sections 3.24.060 and 3.28.020 (or successor provisions, as may be amended from time to time) of this code. A short-term vacation rental permit is one of the following types: (1) General short-term vacation rental permit, (2) Primary residence short-term vacation rental permit, or (3) Homeshare short-term vacation rental permit, as defined in this section. “Short-term vacation rental unit” means a privately owned residential dwelling, such as, but not limited to, a single-family detached or multiple-family attached unit, apartment house, condominium, cooperative apartment, duplex, or any portion of such dwellings and/or property and/or yard features appurtenant thereto, rented for occupancy and/or occupied for dwelling, lodging, or any transient use, including but not limited to sleeping overnight purposes for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days, by any person(s) with or without a rental agreement. “STVR” may be used by city officials as an abbreviation for “short-term vacation rental.” “Suspension” means that short-term vacation rental permit that is suspended pursuant to Section 3.25.090. “Tenant” or “transient,” for purposes of this chapter, means any person who seeks to rent or who does rent, or who occupies or seeks to occupy, for thirty (30) consecutive calendar days or less, a short-term vacation rental unit. (Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.040 Authorized agent or representative. A. Except for the completion of an application for a short-term vacation rental permit and business license, the owner may designate an authorized agent or representative to ensure compliance with the requirements of this chapter with respect to the short-term vacation rental unit on his, her or their behalf. Nevertheless, the owner shall not be relieved from any personal responsibility 321 Ordinance No. XXX Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: Page 8 of 24 and personal liability for noncompliance with any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental unit, regardless of whether such noncompliance was committed by the owner’s authorized agent or representative or the occupants of the owner’s short-term vacation rental unit or their guests. B. The owner must be the applicant for and holder of a short-term vacation rental permit and business license and shall not authorize an agent or a representative to apply for or hold a short-term vacation rental permit and business license on the owner’s behalf. The owner’s signature is required on all short-term vacation rental application forms, and the city may prescribe reasonable requirements to verify that an applicant or purported owner is the owner in fact. (Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.050 Short-term vacation rental permit—Required. A.The owner is required to obtain a short-term vacation rental permit and a business license from the city before the owner or the owner’s authorized agent or representative may rent or advertise a short-term vacation rental unit. No short-term vacation rental use may occur in the city except in compliance with this chapter. No property in the city may be issued a short-term vacation rental permit or used as a short-term vacation rental unit unless the property is a residential dwelling that complies with the requirements of this chapter. B.A short-term vacation rental permit and business license shall be valid for one (1) year and renewed on an annual basis in order to remain valid. 1.A short-term vacation rental permit and business license renewal application shall be submitted no earlier than sixty (60) calendar days but no later than thirty (30) calendar days prior to the permit’s expiration date. Failure to renew a short-term vacation rental permit as prescribed in this section may result in the short-term vacation rental permit being terminated. 2.A new owner of a property (or a new person and/or new entity that owns or controls a business or organization or other entity of any kind, such as a limited liability company, which is the owner of a property) previously operated as a short-term vacation rental unit by the former owner (or by a former person or entity that owned or controlled the business or organization or other entity of any kind that continues to be the owner of the property) may not renew the previous owner’s short-term vacation rental permit and shall apply for a new short-term vacation rental permit, pursuant to this chapter, if the new owner (or new person and/or new entity that owns or controls a business or organization or other entity of any kind that continues to be the owner of a property) wants to continue to use the residential dwelling as a short-term vacation rental unit. 322 Ordinance No. XXX Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: Page 9 of 24 3. If an owner or an owner’s authorized agent or representative, pursuant to all applicable laws, constructs additional bedrooms to an existing residential dwelling or converts non-bedroom spaces and areas in an existing residential dwelling into additional bedrooms, the owner or owner’s authorized agent or representative shall notify the city and update the short-term vacation rental unit’s online registration profile upon city approval of the addition or conversion so that the city may confirm that such conversion is consistent with this chapter and the code, including all applicable provisions in Title 8 of the code, and reissue the short-term vacation rental permit so that it accurately identifies the number of approved bedrooms, if the owner wants to continue to use the dwelling as a short-term vacation rental unit. The city may conduct an onsite inspection of the property to verify compliance with this chapter and the code. Code compliance inspections may be billed for full cost recovery at one hour for initial inspection and in thirty-minute increments for each follow-up inspection pursuant to subsection D. For purposes of this chapter, “reissue” or “reissuance” of a short-term vacation rental permit means a permit that is reissued by the city, with corrected information, as applicable, to be valid for the balance of the existing one (1)-year permit and license period. C. A short-term vacation rental permit and business license shall be valid only for the number of bedrooms in a residential dwelling equal to the number of bedrooms the city establishes as eligible for listing as a short-term vacation rental unit and shall not exceed the number of bedrooms allowable for the number of occupants as set forth in Section 3.25.070. The allowable number of bedrooms shall meet all applicable requirements under federal, state and city codes, including, but not limited to, the provisions of Section 9.50.100 (or successor provision, as may be amended from time to time) governing “additional bedrooms” and all applicable building and construction codes in Title 8 of this code. A short-term vacation rental permit shall not issue for, or otherwise authorize the use of, additional bedrooms converted from non- bedroom spaces or areas in an existing residential dwelling except upon express city approval for the additional bedrooms in compliance with this code, including Section 9.50.100 (or successor provision, as may be amended from time to time), and upon approval of an application for a new or renewed short-term vacation rental permit as provided in subsection B. D. A short-term vacation rental permit and business license shall not be issued or renewed, and may be suspended or permanently revoked, if the property, or any building, structure, or use or land use on the property is in violation of this code. The city may conduct an inspection of the property prior to the issuance or renewal of a short-term vacation rental permit and/or business license. Code compliance inspections may be billed for full cost recovery at one hour for initial inspection and in thirty-minute increments for each follow-up inspection. For purposes of this subsection, a code violation exists if, at the time of the submittal 323 Ordinance No. XXX Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: Page 10 of 24 of an application for a new or renewed short-term vacation rental permit or business license, the city has commenced administrative proceedings by issuing written communication and/or official notice to the owner or owner’s responsible agent or representative of one or more code violations. For purposes of this chapter, “building,” “structure,” and “use or land use” have the same meanings as set forth in Section 9.280.030 (or successor provisions, as may be amended from time to time) of this code. E. A short-term vacation rental permit and business license shall not be issued or renewed, and may be suspended or permanently revoked, if any portion of transient occupancy tax has not been reported and/or remitted to the city for the previous calendar year by the applicable deadline for the reporting and/or remittance of the transient occupancy tax. F. A short-term vacation rental permit and business license shall not be issued or renewed, and may be suspended or permanently revoked, if the residential dwelling to be used as a short-term rental unit lacks adequate onsite parking. For purposes of this subsection, “adequate onsite parking” shall be determined by dividing the total number of occupants commensurate with the approved number of bedrooms as provided in the table under Section 3.25.070 by four, such that the ratio of the total number of occupants to onsite parking spots does not exceed four to one (4:1). For example, a residential dwelling with five bedrooms may permissibly host a total number of ten occupants and therefore requires three on-site parking spots. Onsite parking shall be on an approved driveway, garage, and/or carport areas only in accordance with Section 3.25.070(R), and no more than two street parking spots may count towards the number of on-site parking spots necessary to meet the “adequate onsite parking” requirement under this subsection. G.An owner or owner’s authorized agent or representative who claims not to be operating a short-term vacation rental unit or who has obtained a valid short- term vacation rental permit and business license pursuant to this chapter, may voluntarily opt-out of the requirements of this chapter, prior to the issuance or expiration of a short-term vacation rental permit and business license that are applicable to the short-term vacation rental unit, only upon the owner, the owner’s authorized agent or representative and/or the owner’s designated local contact person executing, under penalty of perjury, a declaration of non-use as a short-term vacation rental unit, in a form prescribed by the city (for purposes of this chapter, a “declaration of non-use”). Upon the receipt and filing by the city of a fully executed declaration of non-use, the owner or owner’s authorized agent representative shall be released from complying with this chapter as long as the property is not used as a short-term vacation rental unit. Use of the property as a short-term vacation unit after the city’s receipt and filing of a declaration of non-use, is a violation of this chapter. If, after a declaration of non-use has been received and filed by the city, the owner or owner’s authorized agent or representative wants to use that property as a short-term vacation 324 Ordinance No. XXX Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: Page 11 of 24 rental unit, the owner shall apply for a new short-term vacation rental permit and business license and fully comply with the requirements of this chapter and the code; provided, however, that if a short-term vacation rental permit is or will be suspended on the date an owner or owner’s authorized agent or representative submits to the city a declaration of non-use for the short-term vacation rental unit under suspension, then the owner may apply for a new short- term vacation rental permit and business license only after twelve (12) consecutive months have elapsed from the date of the declaration of non-use, and the owner and owner’s authorized agent or representative otherwise shall fully comply with the requirements of this chapter and the code. (Ord. 577 § 1, 2019; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.055 Non-issuance of new short-term vacation rental permits; Periodic council review. A. Commencing May 20, 2021, which is the effective date of the ordinance adding this section, there shall be no processing of, or issuance for, any applications for a new short-term vacation rental permit, required by this chapter to use or operate a short-term vacation rental unit in the city, except applications for a new a short-term vacation rental permit covering a short-term vacation rental unit that meets one or more of the following: 1.A residential dwelling within a residential project located in the CT Tourist Commercial District zone, as defined in Section 9.70.070 (or successor section) of this code and depicted in the city’s official zoning map. 2.A residential dwelling within a residential project located in the VC Village Commercial District zone, as defined in Section 9.70.100 (or successor section) of this code and depicted in the city’s official zoning map. 3. A residential dwelling within a residential project subject to a development agreement with the city, or subject to a condition of approval(s) attached to any entitlement approved by the city (including but not limited to a specific plan, subdivision map, or site development permit), pursuant to which short-term vacation rentals are a permitted use, and the residential dwelling’s use as a short-term vacation rental is authorized under a declaration of covenants, conditions, and restrictions (CC&Rs), for the residential project. 4.A residential dwelling within the area covered by the SilverRock Resort Specific Plan. B. The city manager or authorized designee shall have the authority to implement policies or procedures to review and verify whether an application for a new short-term vacation rental permit meets the criteria set forth in this section. C. This section shall not apply to applications for a renewal of an existing short- term vacation rental permit and business license, submitted in compliance with 325 Ordinance No. XXX Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: Page 12 of 24 this chapter, including whenand for which the short-term vacation rental permit is not under suspension or revoked during the time for processing the renewal application., and the Applications for renewals must be submitted as prescribed by this chapter. Any short-term vacation rental unit, covered by a permit that is subject to an application forthe renewal, application is not which is under temporary suspension in violation of this chapter or any other provisions of this code, shall not become permitted to use the dwelling as a short-term vacation rental unit until all violations that led to the temporary suspension have been remedied and the suspension has expired. Any revoked short-term vacation rental permit shall not be eligible for renewal or new short-term vacation rental permit. D. The city council shall periodically review the impacts or effects, if any, caused by the non-issuance of new short-term vacation rental permits set forth in this section. The city manager or authorized designee shall prepare a report assessing impacts or effects, if any, for the council to review at a regular or special meeting. 3.25.060 Short-term vacation rental permit—Application requirements. A. The owner or the owner’s authorized agent or representative must submit the information required on the city’s short-term vacation rental permit application form provided by the city, which may include any or all of the following: 1. The name, address, and telephone number of the owner of the subject short-term vacation rental unit; 2. The name, address, and telephone number of the owner’s authorized agent or representative, if any; 3. The name, address, and twenty-four-hour telephone number of the local contact person; 4. The address of the proposed short-term vacation rental unit, Internet listing site and listing number; 5. The number of bedrooms shall not exceed the number of bedrooms allowable for the number of occupants as set forth in Section 3.25.070. The allowable number of bedrooms shall meet all applicable building and construction requirements under federal, state and city codes, including, but not limited to, the provisions of Section 9.50.100 (or successor provision, as may be amended from time to time) governing “additional bedrooms” and all applicable building and construction codes in Title 8 of this code; 6. Acknowledgement of receipt of all electronically distributed short-term vacation rental information from the city, including any good neighbor brochure; 326 Ordinance No. XXX Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: Page 13 of 24 7. The owner or owner’s authorized agent or representative who has applied for a short-term vacation rental permit shall provide the city with written authorization that issuance of a short-term vacation rental permit pursuant to this chapter is not inconsistent with any recorded or unrecorded restrictive covenant, document, or other policy of a homeowner association (HOA) or other person or entity which has governing authority over the property on which a short-term vacation rental unit will be operated; in furtherance of this requirement, there shall be a rebuttable presumption that an owner or owner’s authorized agent or representative does not have written authorization for the issuance of a short-term vacation rental permit if a HOA or other person or entity which has governing authority over the property has submitted to the city a duly-authorized official writing, which informs the city that short-term vacation rentals of thirty (30) consecutive days or less are not permitted on the property applying for a short-term vacation rental permit; and 8.Such other information as the city manager or authorized designee deems reasonably necessary to administer this chapter. B.The short-term vacation rental permit application shall be accompanied by an application fee as set by resolution of the city council. A short-term vacation rental permit and business license shall not be issued or renewed while any check or other payment method cannot be processed for insufficient funds. C.The city may determine the maximum number of bedrooms in a residential dwelling with multiple bedrooms eligible for use as a short-term vacation rental unit upon issuance of a short-term vacation rental permit. When determining the maximum number of bedrooms eligible for use as short-term vacation rentals, the city shall consider the public health, safety, and welfare, shall comply with building and residential codes, and may rely on public records relating to planned and approved living space within the residential dwellings, including, but not limited to, title insurance reports, official county records, and tax assessor records. Owners of residential dwellings that exceed five thousand square feet of developed space on a lot may apply for additional bedrooms. An owner and/or owner’s authorized agent or representative may not advertise availability for occupancy of a short-term vacation rental unit for more than the approved number of bedrooms listed in the short-term vacation rental permit issued by the city pursuant to this chapter. In addition to any other rights and remedies available to the city under this chapter, the first violation for failing to advertise the approved number of bedrooms may be subject to a fine by an administrative citation, and a second or subsequent violation for failing to advertise the approved number of bedrooms may result in a revocation (which may include permanent revocation) of the short-term vacation rental permit and/or any affiliated licenses or permits pursuant to the provisions set forth in Section 3.25.100. 327 Ordinance No. XXX Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: Page 14 of 24 D. Short-term vacation rental permit applications shall comply with the following: 1. A short-term vacation rental permit application for the estate home shall be subject to evaluation and inspection of the property to ensure that the short-term vacation rental unit will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties in the vicinity. Evaluation and inspection shall include, but not be limited to: verification of the number of bedrooms, adequate on-site parking spaces, availability of nearby street parking, physical distance of the estate home from adjacent properties, such as location and distance of outdoor gathering spaces, pools, and other living spaces from neighboring properties. The city manager, or designee, shall have the authority to impose additional conditions on the use of the estate home as a short-term vacation rental unit to ensure that any potential secondary effects unique to the subject short-term vacation rental unit are avoided or adequately mitigated. 2. A short-term vacation rental permit application may be denied if the applicant has failed to comply with application requirements in this chapter, or has had a prior short-term vacation rental permit for the same unit revoked within the past twelve (12) calendar months. In addition, upon adoption of a resolution pursuant to subsection H, the city may limit the number of short-term vacation rental units in a given geographic area based on a high concentration of short-term vacation rental units. The city shall maintain a waiting list of short-term vacation rental permit applications for such geographic areas where the city determines, based on substantial evidence after a noticed public hearing and public hearing, there is a higher than average concentration of short-term vacation rental units that either affects the public health, safety, and welfare or significantly negatively impacts the character and standard of living in a neighborhood within that geographic area, or both. E. Short-term vacation rental permit applications may take up to, and the city shall have, thirty (30) calendar days to process. An application for a renewal of a short-term vacation rental permit and business license should be submitted at least thirty (30) calendar days prior to the existing permit’s expiration to allow sufficient time for the city to process the renewal application. Nothing in this subsection or chapter shall be construed as requiring the city to issue or deny a short-term vacation rental permit in less than thirty (30) calendar days, as no permit shall be issued until such time as application review is complete. No short-term vacation rental use may occur in the city without a valid short-term vacation rental permit is issued in accordance with this chapter. F. Upon a change of ownership of a property (or upon a new person and/or new entity owning or controlling a business or organization or other entity of any kind, 328 Ordinance No. XXX Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: Page 15 of 24 such as a limited liability company, which is the owner of a property) licensed to operate as a short-term vacation rental unit, the owner or owner’s authorized agent or representative shall notify the city of such change immediately. The existing short-term vacation rental permit shall be terminated and the property must cease operating as a short-term vacation rental immediately. Failure to comply may result in a fine of $1,000 per day for a continuing violation of this subsection F. G. Immediately upon a change of an owner’s authorized agent or representative, local contact, or any other change pertaining to the information contained in the short-term vacation rental application, the owner or owner’s authorized agent or representative shall update the short-term vacation rental unit’s online registration profile used by the city for the implementation of the short-term vacation rental regulations. Failure to update immediately this information may result in a violation of this chapter, including but not limited to a suspension or revocation of a short-term vacation rental permit, until all information is updated. H. The city manager or authorized designee shall prepare, for adoption by resolution by the city council, a review procedure and criteria to evaluate the limitation for issuance of STVR permits and/or STVR applications for geographic areas within the city as set forth in subsection D. (Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.065 Short-term vacation rental permit—Grounds for denial. A. In addition to any other grounds provided in this chapter, an application (including renewal application) for a short-term vacation rental permit may be denied if use of the short-term vacation rental unit has been, will be, or is apt to become any one or more of the following. 1. Prohibited by any local ordinance or by any state or federal law, statute, rule or regulation; 2. A public nuisance; 3. In any way detrimental to the public interest; 4. Prohibited by zoning laws and ordinances. B. An application (including renewal application) for a short-term vacation rental permit may also be denied on the grounds that the applicant has knowingly made a false statement in a material matter either in his/her/their application or in his/her/their testimony before the city manager or other body hearing such testimony. C. This section is intended to be, and shall be construed as being, in alignment with the grounds for denial of a business license set forth in Section 3.28.080 (or successor section) of this code. 329 Ordinance No. XXX Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: Page 16 of 24 3.25.070 Operational requirements and standard conditions. A. The owner and/or owner’s authorized agent or representative shall use reasonably prudent business practices to ensure that the short-term vacation rental unit is used in a manner that complies with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term vacation rental unit. 1. An estate home may be established for short-term vacation rental use subject to evaluation and inspection of the property pursuant to Section 3.25.060(D)(1). 2. An estate home established for short-term vacation rental use is required to be equipped with a noise monitoring device(s) that is operable at all times. B. The responsible person(s) shall be an occupant(s) of the short-term vacation rental unit for which he, she or they signed a rental agreement for such rental, use and occupancy, and/or any person(s) occupying the short-term vacation rental unit without a rental agreement, including the owner, owner’s authorized agent or representative, local contact(s) and their guests. No non-permanent improvements to the property, such as tents, trailers, or other mobile units, may be used as short-term vacation rentals. The total number of occupants, including the responsible person(s), allowed to occupy any given short-term vacation rental unit may be within the ranges set forth in the table below. By the issuance of a short-term vacation rental permit, the city or its authorized designees, including police, shall have the right to conduct a count of all persons occupying the short-term vacation rental unit in response to a complaint or any other legal grounds to conduct an inspection resulting from the use of the short-term vacation rental unit, and the failure to allow the city or its authorized designees the ability to conduct such a count may constitute a violation of this chapter. The city council may by resolution further restrict occupancy levels provided those restrictions are within the occupancy ranges set forth below. Number of Bedrooms Total of Overnight* Occupants Total Daytime** Occupants (Including Number of Overnight Occupants) 0 – Studio 2 2—8 1 2—4 2—8 2 4—6 4—8 3 6—8 6—12 4 8—10 8—16 5 10—12 10—18 6 12—14 12—20 330 Ordinance No. XXX Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: Page 17 of 24 7 14 14—20 8 16 16—22 9 18 18—24 * Overnight (10:01 p.m. – 6:59 a.m.) ** Daytime (7:00 a.m. – 10:00 p.m.) C.The person(s) listed as the local contact person in the short-term vacation rental unit’s online registration profile shall be available twenty-four (24) hours per day, seven (7) days per week, with the ability to respond to the location within thirty (30) minutes to complaints regarding the condition, operation, or conduct of occupants of the short-term vacation rental unit or their guests. The person(s) listed as a local contact person shall be able to respond personally to the location, or to contact the owner or the owner’s authorized agent or representative to respond personally to the location, within thirty (30) minutes of notification or attempted notification by the city or its authorized short-term vacation rental designated hotline service provider. No provision in this section shall obligate the city or its authorized short-term vacation rental designated hotline service provider to attempt to contact any person or entity other than the person(s) listed as the local contact person. D.The owner, the owner’s authorized agent or representative and/or the owner’s designated local contact person shall use reasonably prudent business practices to ensure that the occupants and/or guests of the short-term vacation rental unit do not create unreasonable or unlawful noise or disturbances, engage in disorderly conduct, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental unit. E. Occupants of the short-term vacation rental unit shall comply with the standards and regulations for allowable noise at the property in accordance with Section 9.100.210 and 11.08.040 (or successor provision, as may be amended from time to time) of this code. No radio receiver, musical instrument, phonograph, compact disk player, loudspeaker, karaoke machine, sound amplifier, or any machine, device or equipment that produces or reproduces any sound shall be used outside or be audible from the outside of any short-term vacation rental unit between the hours of 10:00 p.m. and 7:00 a.m. Pacific Standard Time. Observations of noise related violations shall be made by the city or its authorized designee from any location at which a city official or authorized designee may lawfully be, including but not limited to any public right- of-way, any city-owned public property, and any private property to which the city or its authorized designee has been granted access. F.Prior to occupancy of a short-term vacation rental unit, the owner or the owner’s authorized agent or representative shall: 1. Obtain the contact information of the responsible person; 331 Ordinance No. XXX Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: Page 18 of 24 2. Provide copies of all electronically distributed short-term vacation rental information from the city, including any good neighbor brochure to the responsible person and post in a conspicuous location within the short-term vacation rental unit, in a manner that allows for the information to be viewed in its entirety; and require such responsible person to execute a formal acknowledgement that he or she is legally responsible for compliance by all occupants of the short-term vacation rental unit and their guests with all applicable laws, rules and regulations pertaining to the use and occupancy of the short-term vacation rental unit. This information shall be maintained by the owner or the owner’s authorized agent or representative for a period of three years and be made readily available upon request of any officer of the city responsible for the enforcement of any provision of this code or any other applicable law, rule or regulation pertaining to the use and occupancy of the short-term vacation rental unit. G. The owner, the owner’s authorized agent or representative and/or the owner’s designated local contact person shall, upon notification or attempted notification that the responsible person and/or any occupant and/or guest of the short-term vacation rental unit has created unreasonable or unlawful noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental unit, promptly respond within thirty (30) minutes to immediately halt and prevent a recurrence of such conduct by the responsible person and/or any occupants and/or guests. Failure of the owner, the owner’s authorized agent or representative and/or the owner’s designated local contact person to respond to calls or complaints regarding the condition, operation, or conduct of occupants and/or guests of the short-term vacation rental unit within thirty (30) minutes, shall be subject to all administrative, legal and equitable remedies available to the city. H. [reserved] I. Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the city’s authorized waste hauler on scheduled trash collection days. The owner, the owner’s authorized agent or representative shall use reasonably prudent business practices to ensure compliance with all the provisions of Chapter 6.04 (Solid Waste Collection and Disposal) (or successor provision, as may be amended from time to time) of this code. J. Signs may be posted on the premises to advertise the availability of the short-term vacation rental unit as provided for in Chapter 9.160 (Signs) (or successor provision, as may be amended from time to time) of this code. K. The owner, authorized agent or representative and/or the owner’s designated local contact person shall post a copy of the short-term vacation rental permit and a copy of the good neighbor brochure in a conspicuous place within the short- 332 Ordinance No. XXX Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: Page 19 of 24 term vacation rental unit, and a copy of the good neighbor brochure shall be provided to each occupant of the subject short-term vacation rental unit. L.Unless otherwise provided in this chapter, the owner and/or the owner’s authorized agent or representative shall comply with all provisions of Chapter 3.24 concerning transient occupancy taxes, including, but not limited to, submission of a monthly return in accordance with Section 3.24.080 (or successor provisions, as may be amended from time to time) of this code, which shall be filed monthly even if the short-term vacation rental unit was not rented during each such month. M. Guesthouses, detached from the primary residential dwelling on the property, or the primary residential dwelling on the property, may be rented pursuant to this chapter as long as the guesthouse and the primary residential dwelling are rented to one party. N.The owner and/or the owner’s authorized agent or representative shall post the number of authorized bedrooms and the current short-term vacation rental permit number at the beginning or top of any advertisement that promotes the availability or existence of a short-term vacation rental unit. In the instance of audio-only advertising of the same, the short-term vacation rental permit number shall be read as part of the advertisement. O.The owner and/or owner’s authorized agent or representative shall operate a short-term vacation rental unit in compliance with any other permits or licenses that apply to the property, including, but not limited to, any permit or license needed to operate a special event pursuant to Section 9.60.170 (or successor provision, as may be amended from time to time) of this code. The city may limit the number of special event permits issued per year on residential dwellings pursuant to Section 9.60.170 (or successor provision, as may be amended from time to time). P.The city manager, or designee, shall have the authority to impose additional conditions on the use of any given short-term vacation rental unit to ensure that any potential secondary effects unique to the subject short-term vacation rental unit are avoided or adequately mitigated, including, but not limited to, a mitigating condition that would require the installation of a noise monitoring device to keep time-stamped noise level data from the property that will be made available to the city upon city’s reasonable request. Q. The standard conditions set forth herein may be modified by the city manager, or designee, upon request of the owner or the owner’s authorized agent or representative based on site-specific circumstances for the purpose of allowing reasonable accommodation of a short-term vacation rental. All requests must be in writing and shall identify how the strict application of the standard conditions creates an unreasonable hardship to a property such that, if the requirement is not modified, reasonable use of the property for a short-term vacation rental would not be allowed. Any hardships identified must relate to 333 Ordinance No. XXX Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: Page 20 of 24 physical constraints to the subject site and shall not be self-induced or economic. Any modifications of the standard conditions shall not further exacerbate an already existing problem. R. On-site parking shall be on an approved driveway, garage, and/or carport areas only; this section does not impose restrictions on public street parking regulations. Recreational vehicles may be parked in accordance with the provisions set forth in Section 9.60.130 (or successor provision, as may be amended from time to time) of this code. (Ord. 577 § 1, 2019; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.080 Recordkeeping and hosting platform duties. A. The owner or the owner’s authorized agent or representative shall maintain for a period of three years, records in such form as the tax administrator (as defined in Chapter 3.24) may require to determine the amount of transient occupancy tax owed to the city. The tax administrator shall have the right to inspect such records at all reasonable times, which may be subject to the subpoena by the tax administrator pursuant to Section 3.24.140 (Records) (Transient Occupancy Tax) (or successor provisions, as may be amended from time to time) of this code. B. Hosting platforms shall not complete any booking transaction for any residential dwelling or other property purporting to be a short-term vacation rental unit in the city unless the dwelling or property has a current and valid short-term vacation rental permit issued pursuant to this chapter, which is not under suspension, for the dates and times proposed as part of the booking transaction. 1. The city shall maintain an online registry of active and suspended short-term vacation rental permits, which hosting platforms may reference and rely upon for purposes of complying with subsection B. If a residential dwelling or other property purporting to be a short- term vacation rental unit matches with an address, permit number, and/or current and valid permit dates (not under suspension) set forth in the city’s online registry, the hosting platforms may presume that the dwelling or other property has a current and valid short-term vacation rental permit. 2. The provisions of this subsection B shall be interpreted in accordance with otherwise applicable state and federal law(s) and will not apply if determined by the city to be in violation of, or preempted by, any such law(s). (Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.090 Violations. A. Additional Conditions. A violation of any provision of this chapter or this code by any applicant, occupant, responsible person, local contact person, owner, or owner’s authorized agent or representative, shall authorize the city manager, or 334 Ordinance No. XXX Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: Page 21 of 24 designee, to impose additional conditions on the use of any given short-term vacation rental unit to ensure that any potential additional violations are avoided. B. Permit Modification, Suspension and Revocation. A violation of any provision of this chapter, this code, California Vehicle Code, or any other applicable federal, state, or local laws or codes, including, but not limited to, applicable fire codes and the building and construction codes as set forth in Title 8 of this code, by any applicant, occupant, responsible person, local contact person, owner, or owner’s authorized agent or representative, shall constitute grounds for modification, suspension and/or revocation (which may include permanent revocation) of the short-term vacation rental permit and/or any affiliated licenses or permits pursuant to the provisions set forth in Section 3.25.100. C. Notice of Violation. The city may issue a notice of violation to any applicant, occupant, responsible person, local contact person, owner, owner’s authorized agent or representative, or hosting platform, pursuant to Section 1.01.300 (or successor provisions, as may be amended from time to time) of this code, if there is any violation of this chapter committed, caused or maintained by any of the above parties. D. Two (2) Strikes Policy. Subject to a minor violation reprieve request, two (2) violations of any provision of this chapter or this code within one (1) year by any applicant, occupant, responsible person, local contact person, owner, or owner’s authorized agent or representative, with respect to any one residential dwelling shall result in an immediate suspension of the short-term vacation rental permit with subsequent ability to have a hearing before the city, pursuant to this chapter, to request a lifting of the suspension. For purposes of this subsection, a “minor violation reprieve request” means a written request submitted to the city’s code enforcement officer for relief from counting one (1) or more violations within the one (1) year period as a minor violation, and “minor violation” means a violation of a particular section of this code that resulted in minimal impact on the use and enjoyment of the adjacent and nearby properties caused by any of the following: 1. Minor debris or trash containers left in view as a first offense; 2. A short-term vacation rental permit number or bedroom count not posted on an advertisement as a first offense; 3. A short-term vacation rental permit number or bedroom count posted in the wrong location on an advertisement as a first offense, or; 4. Over occupancy due to a minor child not associated with a disturbance. A determination of whether a code violation is a minor violation shall be based on substantial evidence presented to the code enforcement officer relating to that violation. E. Administrative and Misdemeanor Citations. The city may issue an administrative citation to any applicant, occupant, responsible person, local contact person, owner, owner’s authorized agent or representative, or hosting 335 Ordinance No. XXX Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: Page 22 of 24 platform, pursuant to Chapter 1.09 (Administrative Citations) (or successor provisions, as may be amended from time to time) of this code, if there is any violation of this chapter committed, caused or maintained by any of the above parties. Nothing in this section shall preclude the city from also issuing an infraction citation upon the occurrence of the same offense on a separate day. An administrative citation may impose a fine for one or more violations of this chapter in the maximum amount allowed by state law or this code in which the latter amount shall be as follows: 1. General STVR Violations (Occupancy/Noise/Parking). a.First violation: one thousand dollars; b. Second violation: two thousand dollars; c. Third violation: three thousand dollars. 2. Operating a STVR Without a Valid Short-Term Vacation Rental Permit. a.First violation: three thousand dollars; b.Second or more violations: five thousand dollars; c.In addition to the fine set forth above, the first violation of operating a STVR without a valid short-term vacation rental permit shall be cause for an owner (or person and/or entity that owns or controls a business or organization or other entity of any kind, such as a limited liability company, which is the owner of a property) to be prohibited for all time from being eligible to be issued a short-term vacation rental permit and/or business license for use of a property as a short-term vacation rental unit. 3.Hosting a Special Event at a STVR Without a Special Event Permit as Required by Section 9.60.170 (or Successor Provision, as May Be Amended From Time to Time) of This Code. a.First violation: five thousand dollars; b.Second violation: five thousand dollars. F.Public Nuisance. In addition to any and all rights and remedies available to the city, it shall be a public nuisance for any person or entity to commit, cause or maintain a violation of this chapter, which shall be subject to the provisions of Section 1.01.250 (Violations public nuisances) (or successor provisions, as may be amended from time to time) of this code. (Ord. 578 § 1, 2019; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.100 Appeals. A.Any person aggrieved by any decision of a city officer made pursuant to this chapter may request a hearing before the city manager in accordance with Chapter 2.08 (or successor provisions, as may be amended from time to time) of this code. 336 Ordinance No. XXX Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: Page 23 of 24 B.Notwithstanding any provisions in Section 2.08.230 or otherwise in the code, the decision by the city manager of an appeal brought under this chapter shall be the final decision by the city for any violation of a short-term vacation rental permit issued under this order, except for any administrative citation imposing a fine, which shall be processed and subject to an administrative appeal pursuant to Chapter 1.09 of the code. (Ord. 572 § 1, 2018; Ord. 563 § 1, 2017) 337 Ordinance No. XXX Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: Page 24 of 24 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 591 which was introduced at a regular meeting on the ____ day of ____, 2021, and was adopted at a regular meeting held on the ____ day of ____, 2021, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No. 2015-023. _______________________ MONIKA RADEVA, City Clerk City of La Quinta, California DECLARATION OF POSTING I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on ____________, 2021, pursuant to Council Resolution. _______________________ MONIKA RADEVA, City Clerk City of La Quinta, California 338 City of La Quinta CITY COUNCIL MEETING: June 1, 2021 STAFF REPORT AGENDA TITLE: DISCUSS FISCAL YEAR 2021/22 PRELIMINARY PROPOSED BUDGET RECOMMENDATION Discuss fiscal year 2021/22 preliminary proposed budget. EXECUTIVE SUMMARY • The May 4, 2021 City Council budget study session focused on the General Fund and Internal Service Funds. A second budget study session on May 18, 2021 focused on an update of the General Fund and a first review of Special Revenue Funds and Capital Funds. • This study session provides an update to the General Fund and Special Revenue Funds and a summary for the Enterprise Funds. • Final budget adoption is scheduled for June 15, 2021. FISCAL IMPACT The updated General Fund budget projects a surplus of $77,840; an $11,100 increase from the May 18, 2021 study session. BACKGROUND/ANALYSIS The goal of the June 2, 2021 study session is to incorporate all final recommendations for funding and discuss additional considerations. Based on this study session, staff will prepare and present a comprehensive budget of all funds on June 15, 2021 for adoption. Attachment 1 provides a narrative for changes made to the preliminary proposed budget and includes summary charts for all funds. Exhibit A includes line-item details for revenues and expenditures for the Enterprise Funds. STUDY SESSION ITEM NO. 1 339 ALTERNATIVES The City Council may wish to request further information regarding specific items and then provide direction regarding the next steps. Per State law, the City must adopt a budget by June 30. Prepared by: Claudia Martinez, Interim Finance Director Approved by: Jon McMillen, City Manager Attachment: 1. Fiscal Year 2021/22 Proposed Budget Overview 340 2021/22 BUDGET STUDY SESSION OVERVIEW A preliminary proposed 2021/22 Budget was presented to the City Council on May 4th and May 18th, 2021. The third budget study session provides an update for the General Fund based on the first two budget study sessions, an update for Special Funds, and a summary for the Enterprise Fund. The budget is scheduled for adoption on June 15, 2021. A summary of General Fund revenues and expenditures by department/division and a summary all funds are provided in this report for a quick reference of all proposed revenues and expenditures by fund. GENERAL FUND UPDATE Since the last budget study session, the following adjustments have been incorporated into the General Fund budget: •Fire Contract Agreement updated projections included a decrease in Fire Service Costs in the amount of $350,100 and a decrease in the Fire Service Credit revenue of $295,000. The original projections were based on a 5% increase from FY 2020/21; however, the fire department removed emergency management services costs from the contract and had reductions to benefits costs for both fiscal years resulting in savings. •Increase of $3,000 in the Code Compliance budget for Administrative Citation Services to account for the increased number of appeal hearings being requested. •Funding for a new internet connection for substation computers for the Police was added in the amount of $6,000. •Increase of $35,000 for the Fritz Burns pool programming contract which includes year-round service for operations, special events, and instruction. After these adjustments, the amended budget surplus is anticipated to be $77,840 and is available for considerations. Revenues 59,099,210$ Less Operating/CIP Expenses (54,952,626) Preliminary Budget Surplus 4,146,584 Less Measure G Reserves (3,578,644) BUDGET SURPLUS 567,940$ Pension Obligation 500,000$ Commissions & Boards 1,000 Advertising 200 Total Adjustments 501,200 AMENDED BUDGET SURPLUS 66,740$ Fire Service Costs (350,100)$ Fire Service Credit - Revenue 295,000 Administrative Citation Services 3,000 Cable/Internet - Utilities 6,000 Fritz Burns Pool Programming 35,000 Total Adjustments (11,100) AMENDED BUDGET SURPLUS 77,840$ GENERAL FUND AS OF 5/18/2021 GENERAL FUND AS OF 6/1/2021 GENERAL FUND FY 2021/22 PROPOSED BUDGET SUMMARY ATTACHMENT 1 341 SPECIAL FUNDS Gas Tax Fund revenue projections have decreased by $112,320 from the original projections released in January by the State Department of Finance. This decrease updated the overall Capital Improvement Plan Program Transfers-In amount to $9,894,806. Insurance premiums in the Insurance Fund have decreased by $40,800 since the original estimates were provided in March. The update includes retrospective adjustments in the liability and workers compensation amounts along with a property program increase due to a recent appraisal project conducted by California Joint Powers Insurance Authority (CJPIA). In addition, an increase of $7,500 to the Operating Supplies line item is requested to account for employees returning to the office and conducting ergonomic assessments. ENTERPRISE FUNDS SilverRock Golf Resort operates under two funds, an operating fund and a capital replacement reserve fund. The SilverRock Golf Resort Fund annual management plan is being presented to City Council on the same night as this report. Readers are encouraged to read the full annual plan for details on revenues and expenditures. Highlights include impacts from ongoing construction, a minimum wage increase, and a golf course management fee restoration to the FY 2019/20 rate. It is anticipated that SilverRock operations and the budget will require continuous monitoring and adjustments during the 2021/22 fiscal year as restrictions due to the pandemic are lifted. The City is committed to adopting a structurally balanced budget. Any changes based on discussions during this meeting will be incorporated in the final proposed budget. 342 ESTIMATED CURRENT RESOURCES: REVENUES: TAXES 45,957,000$ LICENSES & PERMITS 2,252,000 INTERGOVERNMENTAL 8,251,100 CHARGES FOR SERVICES 876,010 FINES & ASSESSMENTS 294,000 OTHER/MISCELLANEOUS 1,174,100 TOTAL ESTIMATED CURRENT RESOURCES 58,804,210$ ESTIMATED CURRENT REQUIREMENTS: EXPENDITURES: CITY COUNCIL 302,200$ CITY MANAGER CITY MANAGER 1,076,000 MARKETING/COMMUNITY RELATIONS 1,325,900 CITY ATTORNEY 696,000 CITY CLERK 625,200 COMMUNITY RESOURCES (CR) HUMAN RESOURCES 376,000 POLICE 18,445,100 FIRE 7,860,800 CR ADMIN 808,500 WELLNESS CENTER 597,900 RECREATION PROGRAMS 858,300 CODE COMPLIANCE 1,476,320 PUBLIC WORKS PARKS MAINTENANCE 2,380,900 PUBLIC BUILDINGS 1,321,200 PUBLIC WORKS ADMINISTRATION 739,900 DEVELOPMENT SERVICES 431,200 STREETS 496,600 ENGINEERING SERVICES 761,800 DESIGN & DEVELOPMENT D&D ADMIN 656,200 PLANNING 678,600 BUILDING 919,800 THE HUB 986,000 FISCAL SERVICES FINANCE 1,444,100 CENTRAL SERVICES (Includes CIP)9,883,206$ TOTAL ESTIMATED CURRENT REQUIREMENTS 55,147,726$ PRELIMINARY BUDGET SURPLUS 3,656,484$ LESS MEASURE G SALES TAX RESERVES (3,578,644) BUDGET SURPLUS/(DEFICIT)77,840$ CITY OF LA QUINTA GENERAL FUND REVENUES AND EXPENDITURES BY DEPARTMENT/DIVISION FISCAL YEAR 2021/22 PROPOSED BUDGET 343 FUND #FUND NAME TOTAL REVENUES TOTAL EXPENSES SURPLUS / (DEFICIT) 101 GENERAL FUND 58,804,210 55,147,726 3,656,484 201 GAS TAX FUND 1,865,880 1,907,500 (41,620) 202 LIBRARY & MUSEUM FUND 2,850,700 4,306,510 (1,455,810) 203 PUBLIC SAFETY FUND 5,000 - 5,000 210 FEDERAL ASSISTANCE FUND (CDBG)151,000 148,350 2,650 212 SLESF (COPS)101,000 100,000 1,000 215 LIGHTING & LANDSCAPING FUND 2,274,700 2,257,400 17,300 220 QUIMBY FUND - - - 221 AB 939 - CALRECYCLE 70,000 150,000 (80,000) 223 MEASURE A FUND 1,567,000 1,220,500 346,500 225 INFRASTRUCTURE FUND 100 - 100 226 EMERGENCY MANAGEMENT PERFORMANCE FUND 12,000 12,000 - 227 STATE HOMELAND SECURITY PROGRAM 5,000 5,000 - 230 CASp FUND, AB 1379 19,200 5,600 13,600 235 SO COAST AIR QUALITY FUND 52,800 42,500 10,300 241 HOUSING AUTHORITY FUND 871,400 1,542,200 (670,800) 243 RDA LOW-MOD HOUSING FUND 35,000 250,000 (215,000) 247 ECONOMIC DEVELOPMENT FUND 30,000 21,500 8,500 249 SA 2011 LOW/MOD BOND 201,000 20,000 181,000 250 TRANSPORTATION DIF 428,000 604,500 (176,500) 251 PARKS & RECREATION DIF 351,000 - 351,000 252 CIVIC CENTER DIF 152,000 - 152,000 253*LIBRARY DEVELOPMENT DIF 50,000 30,000 20,000 254 COMMUNITY CENTER DIF 72,000 125,000 (53,000) 255 STREET FACILITY DIF - - - 256 PARK FACILITY DIF - - - 257 FIRE PROTECTION DIF 66,000 - 66,000 259 MAINTENANCE FACILITIES DIF FUND 26,000 - 26,000 270 ART IN PUBLIC PLACES FUND 130,000 127,000 3,000 275 LQ PUBLIC SAFETY OFFICER FUND 2,600 - 2,600 310 LQ FINANCE AUTHORITY FUND 1,100 1,100 - 401 CAPITAL IMPROVEMENT PROGRAMS 9,894,806 9,894,806 - 405 SA PA1 CAPITAL IMPROVEMENT BOND - - - 417 SA PA2 CAPITAL IMPROVEMENT BOND - - - 501 FACILITY & FLEET REPLACEMENT FUND 1,222,750 1,222,750 - 502 INFORMATION TECHNOLOGY FUND 1,786,700 1,786,700 - 503 PARK EQUIP & FACILITY FUND 250,000 105,000 145,000 504 INSURANCE FUND 1,010,800 936,800 74,000 601 SILVERROCK RESORT FUND 4,157,693 4,161,262 (3,569) 602 SILVERROCK GOLF RESERVE FUND 67,000 - 67,000 760 SUPPLEMENTAL PENSION PLAN 6,000 12,850 (6,850) 761 CERBT OPEB TRUST (HEALTH BENEFITS)80,000 1,500 78,500 762 PARS PENSION TRUST 700,000 52,000 648,000 89,370,439 86,198,054 3,172,385 SUMMARY OF REVENUES AND EXPENDITURES BY FUND FOR 2021/22 GRAND TOTAL * This fund has an outstanding inter-agency loan due to the Successor Agency. 344 2019/20 Actuals 2020/21 Original Budget 2020/21 Current Budget 2020/21 YTD Activity* 2021/22 Proposed 21/22 vs. Current 20/21 % Change in Budget 601 - SILVERROCK RESORT 0000 - Undesignated 340 - Charges for Services 2,431,496 2,849,900 2,849,900 2,354,658 3,107,870 257,970 9 %601-0000-44000 Green Fees 69,088 97,000 97,000 63,410 135,780 38,780 40 %601-0000-44001 Range Fees 140,024 182,900 182,900 128,896 198,743 15,843 9 %601-0000-44002 Merchandise 0 12,000 12,000 0 0 (12,000)-100 %601-0000-44003 Food & Beverage 106,140 165,300 165,300 119,905 165,300 0 0 %601-0000-44004 Resident Card 340 - Charges for Services Totals:2,746,748 3,307,100 3,307,100 2,666,868 3,607,693 300,593 9 % 390 - Other Financing Sources 635,200 575,000 875,000 575,000 550,000 (325,000)-37 %601-0000-49500 Transfers In 390 - Other Financing Sources Totals:635,200 575,000 875,000 575,000 550,000 (325,000)-37 % 0000 - Undesignated Totals:3,381,948 3,882,100 4,182,100 3,241,868 4,157,693 (24,407)-1 % 601 - SILVERROCK RESORT Totals:3,381,948 3,882,100 4,182,100 3,241,868 4,157,693 (24,407)-1 % 602 - SILVERROCK GOLF RESERVE 0000 - Undesignated 360 - Use of Money & Property 9,309 4,500 4,500 5,644 5,000 500 11 %602-0000-41900 Allocated Interest 46 0 0 0 0 0 0 %602-0000-41910 GASB 31 Interest 360 - Use of Money & Property Totals:9,355 4,500 4,500 5,644 5,000 500 11 % 390 - Other Financing Sources 0 0 0 0 62,000 62,000 0 %602-0000-49500 Transfers In 390 - Other Financing Sources Totals:0 0 0 0 62,000 62,000 0 % 0000 - Undesignated Totals:9,355 4,500 4,500 5,644 67,000 62,500 1,389 % 602 - SILVERROCK GOLF RESERVE Totals:9,355 4,500 4,500 5,644 67,000 62,500 1,389 % 2,431,496 2,849,900 2,849,900 2,354,658 3,107,870 257,970 69,088 97,000 97,000 63,410 135,780 38,780 140,024 182,900 182,900 128,896 198,743 15,843 0 12,000 12,000 0 0 (12,000) 106,140 165,300 165,300 119,905 165,300 0 2,746,748 3,307,100 3,307,100 2,666,868 3,607,693 300,593 635,200 575,000 875,000 575,000 550,000 (325,000) 635,200 575,000 875,000 575,000 550,000 (325,000) 3,381,948 3,882,100 4,182,100 3,241,868 4,157,693 (24,407) 3,381,948 3,882,100 4,182,100 3,241,868 4,157,693 (24,407) 9,309 4,500 4,500 5,644 5,000 500 46 0 0 0 0 0 9,355 4,500 4,500 5,644 5,000 500 0 0 0 0 62,000 62,000 0 0 0 0 62,000 62,000 9,355 4,500 4,500 5,644 67,000 62,500 9,355 4,500 4,500 5,644 67,000 62,500 CITY OF LA QUINTA FY 2021/22 PROPOSED BUDGET EXHIBIT A 345 2019/20 Actuals 2020/21 Original Budget 2020/21 Current Budget 2020/21 YTD Activity* 2021/22 Proposed 21/22 vs. Current 20/21 % Change in Budget 601 - SILVERROCK RESORT 0000 - Undesignated 50 - Salaries and Benefits 11,010 0 0 0 0 0 0 %601-0000-50101 Permanent Full Time 58 0 0 0 0 0 0 %601-0000-50200 PERS-City Portion 109 0 0 0 0 0 0 %601-0000-50221 Medical Insurance 10 0 0 0 0 0 0 %601-0000-50223 Dental Insurance 1 0 0 0 0 0 0 %601-0000-50224 Life Insurance 2 0 0 0 0 0 0 %601-0000-50225 Long Term Disability 219 0 0 0 0 0 0 %601-0000-50240 Social Security-Medicare 50 - Salaries and Benefits Totals:11,409 0 0 0 0 0 0 % 60 - Contract Services 48,015 0 0 0 0 0 0 %601-0000-60159 Relocation 422,254 311,400 311,400 328,109 438,912 127,512 41 %601-0000-60200 Cart Barn/Range 305,934 198,600 198,600 261,236 326,952 128,352 65 %601-0000-60201 Golf Shop 1,699,091 2,067,000 2,067,000 1,305,482 1,993,733 (73,267)-4 %601-0000-60203 Maintenance 371,206 359,800 359,800 292,664 380,648 20,848 6 %601-0000-60205 General & Administrative 187,871 208,000 208,000 112,386 191,765 (16,235)-8 %601-0000-60206 Marketing 125,331 127,500 127,500 79,075 127,492 (8)0 %601-0000-60207 Temporary Club House 118,180 112,600 112,600 84,968 118,560 5,960 5 %601-0000-60208 Management Fee 64,401 57,000 57,000 60,742 64,800 7,800 14 %601-0000-60209 Insurance 13,189 11,800 11,800 5,407 23,600 11,800 100 %601-0000-60210 Property Tax 310,967 347,800 347,800 268,738 347,800 0 0 %601-0000-60211 Rental Payment 60 - Contract Services Totals:3,666,439 3,801,500 3,801,500 2,798,806 4,014,262 212,762 6 % 62 - Maintenance & Operations 0 20,000 20,000 0 10,000 (10,000)-50 %601-0000-60214 Equipment Repairs 74,633 50,000 50,000 63,442 50,000 0 0 %601-0000-60455 Bank Fees 11,954 10,000 10,000 17,487 25,000 15,000 150 %601-0000-60660 Repair & Maintenance 62 - Maintenance & Operations Totals:86,587 80,000 80,000 80,929 85,000 5,000 6 % 64 - Other Expenses 94 0 0 0 0 0 0 %601-0000-60195 Coronavirus Expenses 64 - Other Expenses Totals:94 0 0 0 0 0 0 % 68 - Capital Expenses 216,789 0 0 0 0 0 0 %601-0000-71122 Depreciation Expense - Community Services 166,873 0 0 0 0 0 0 %601-0000-72011 Depreciation Expense 68 - Capital Expenses Totals:383,662 0 0 0 0 0 0 % 99 - Transfers Out 0 0 0 0 62,000 62,000 0 %601-0000-99900 Transfers Out 99 - Transfers Out Totals:0 0 0 0 62,000 62,000 0 % 0000 - Undesignated Totals:4,148,191 3,881,500 3,881,500 2,879,735 4,161,262 279,762 7 % 601 - SILVERROCK RESORT Totals:4,148,191 3,881,500 3,881,500 2,879,735 4,161,262 279,762 7 % 11,010 0 0 0 0 0 58 0 0 0 0 0 109 0 0 0 0 0 10 0 0 0 0 0 1 0 0 0 0 0 2 0 0 0 0 0 219 0 0 0 0 0 11,409 0 0 0 0 0 48,015 0 0 0 0 0 422,254 311,400 311,400 328,109 438,912 127,512 305,934 198,600 198,600 261,236 326,952 128,352 1,699,091 2,067,000 2,067,000 1,305,482 1,993,733 (73,267) 371,206 359,800 359,800 292,664 380,648 20,848 187,871 208,000 208,000 112,386 191,765 (16,235) 125,331 127,500 127,500 79,075 127,492 (8) 118,180 112,600 112,600 84,968 118,560 5,960 64,401 57,000 57,000 60,742 64,800 7,800 13,189 11,800 11,800 5,407 23,600 11,800 310,967 347,800 347,800 268,738 347,800 0 3,666,439 3,801,500 3,801,500 2,798,806 4,014,262 212,762 0 20,000 20,000 0 10,000 (10,000) 74,633 50,000 50,000 63,442 50,000 0 11,954 10,000 10,000 17,487 25,000 15,000 86,587 80,000 80,000 80,929 85,000 5,000 94 0 0 0 0 0 94 0 0 0 0 0 216,789 0 0 0 0 0 166,873 0 0 0 0 0 383,662 0 0 0 0 0 0 0 0 0 62,000 62,000 0 0 0 0 62,000 62,000 4,148,191 3,881,500 3,881,500 2,879,735 4,161,262 279,762 4,148,191 3,881,500 3,881,500 2,879,735 4,161,262 279,762 CITY OF LA QUINTA FY 2021/22 PROPOSED BUDGET 346 Fund: 601 - SILVERROCK RESORT Cart Barn/Range 438,912.00601-0000-60200 Cart Barn/Range expenses include course services expenses. Golf Shop 326,952.00601-0000-60201 Golf Shop expenses include Pro Shop product costs for the purchase of resale merchandise. Maintenance 1,993,733.00601-0000-60203 Expenses includes water and electrical expenses estimated at $249,219. A minimum wage increase to $15 per hour effective January 1, 2022 is included in expenditure estimates. Management Fee 118,560.00601-0000-60208 Restoration to the FY 19/20 contracted amount, after a 5% reduction in FY 20/21. Transfers Out 62,000.00601-0000-99900 To SilverRock Capital Replacement Reserve Fund. CITY OF LA QUINTA FY 2021/22 PROPOSED BUDGET 347 348 City of La Quinta CITY COUNCIL MEETING: June 1, 2021 STAFF REPORT AGENDA TITLE: SILVERROCK RESORT DEVELOPMENT PROJECT UPDATE AND DEVELOPER PROGRESS TO CURE DEFAULT RECOMMENDATION Discuss development project update and developer process to cure default. EXECUTIVE SUMMARY •In November 2014, Council approved a Purchase, Sale and Development Agreement (Agreement) with SilverRock Development Company (SDC). •In May 2017, SDC initiated the work to realign golf course holes to accommodate the luxury hotel and improve the golf experience; this work was completed in November 2017. •Agreement was amended in November 2018 primarily to update schedule and project phasing to enable closing of the $212 million construction financing with Mosaic Real Estate (Mosaic). •In April 2019, SDC commenced mass grading of the site in preparation for vertical development; this work was completed in November 2019. •In March 2020 just after the COVID-19 pandemic started, SDC provided the first of several updates to Council including notification that they would be delaying the start of vertical construction as a result of the pandemic but that both SDC and their financing partner Mosaic are committed to the successful completion of SilverRock Resort. •On April 15, 2020 SDC provided the City with a Force Majeure notice relating to impacts to the development schedule associated with the Covid-19 pandemic. •In April 2021, the City issued a notice of default to the SDC, per the terms of the agreement. The agreement identified completion of the two hotels, spa, conference facility, and permanent golf clubhouse by December 31, 2020. STUDY SESSION ITEM NO. 2 349 BACKGROUND/ANALYSIS SilverRock Development Company (SDC) has been accelerating their efforts in recent months to have final maps, precise grading and construction plans ready for permit issuance on the two hotels, spa, shared conference facility, clubhouse and Montage/Pendry branded residential. This effort is considerable and is performed in good faith to diligently move the project forward and into vertical construction. However, cost escalation as a result of material and supply shortages, increased demand, and rising labor costs has created the need for an additional $80 million of financing in order to capitalize the project. On April 7, 2021 the City issued a notice of default to SDC outlining that Council would need to approve revised financing, schedule and an amendment to the Purchase, Sale, and Development Agreement as amended (PSDA) in order for the default to be cured. To date, SDC has provided a commitment letter for additional financing along with a letter from Mosaic investors, the projects primary lender expressing their commitment to the project and ongoing coordination with SDC to support revisions to the capital structure of the project. Additionally, SDC has proposed schedule revisions that include project milestones and updated start and completion dates of project components as well as new and revised terms and conditions for consideration in an amended PSDA. Staff continues to negotiate with SDC on all of the aforementioned items as the proposed amendment is being drafted. SDC will continue to provide project updates at council meetings that will include recent milestones achieved and progress on the project as well as items required to cure default. These updates will occur at every meeting until the default is cured. Prepared by: Jon McMillen, City Manager 350 City of La Quinta CITY COUNCIL MEETING DEPARTMENT REPORT TO: Madam Mayor and Members of the City Council FROM: Chris Escobedo, Director of Community Resources DATE: June 1, 2021 SUBJECT: SHORT-TERM VACATION RENTAL FALSE COMPLAINTS _______________________________________________________________ At the May 18, 2021 meeting, Council asked staff to look at an ordinance amendment that would provide the City with the ability to address Short Term Vacation Rental (STVR) false complaints reported to the City’s STVR hotline and/or Code, and related cost recovery of false complaints, similar to the City’s existing ordinance on the regulation of false activation of fire and burglar alarms. Staff met with the City Attorney to examine the City’s ordinances and identified that there are existing provisions in the La Quinta Municipal Code (Code), Section 11.84.020 – False reports of public nuisances prohibited, that provide the means for the City to address such false complaints, thus a Code amendment is not necessary. The Code Section 11.84.020 includes the following key components: •The filing of a false complaint or report of a public nuisance is prohibited, and repeated violators will be liable for the City’s response cost. •A false complaint or report will be determined based on the false reporter’s intent to annoy or harass and/or the reporter’s repeated verifiable false reports. •An intent to annoy or harass is established by proof of repeated calls over a period of time, however short, that are unreasonable under the circumstances. •A false reporter is given one warning; the cost of subsequent responses shall be assessed against the false reporter thereafter within a sixty-day period. At present in the STVR program, the number of verified false complaints is minimal. However, this ordinance serves as a helpful tool to address this issue. DEPARTMENTAL REPORT ITEM NO. 4 351 Staff will initiate a 90-day outreach/education effort to residents and STVR operators and incorporate this ordinance into STVR program materials. 352 AIRPORT COMMISSION MEETING AGENDA Wednesday, May 19, 2021 - 5:30 P.M. Pursuant to Executive Order N-29-20, this meeting will be conducted by teleconference and there will be no in person public access to the meeting location. To view/listen/participate in the meeting live, please use the following link: https:ljus02web.zoo m.us/j/86577500740?pwd=R2IaNnlwRGZJbk9qZXBTdlYvKzFkUT09 Meeting ID: 865 7750 0740 -Passcode: 149515 or call (669) 900 6833 and enter meeting ID: 865 7750 0740 •Those who wish to provide public co mment during the meeting may submit their comments and contact information to nadia.seery@palmsprinqsca.gov. Transmittal before 4:00 P.M. on the day of the meeting is required to be added to the public comment queue. At the appropriate time, a staff member will invite you to provide your public testimony to the Commission.•Written public comment may also be submitted to cityclerk@palmspringsca.gov. Transmittal prior to the meeting is required. Any correspondence received during or after the meeting will be distributed to the Board/Commission as soon as practicable and retained for the official record. Pursuant to G. C. Section 54957.5 the designated office for inspection of public records in connection with the public meeting of the Airport Commission is the Office of the City Clerk, City Hall, located at 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262. It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, the Department of Aviation will attempt to accommodate you in every reasonable manner. Please contact (760) 318-3800 forty-eight hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. Please advise us at that time if you will need accommodations to attend or participate in meetings on a regular basis. City of Palm Springs: Riverside County: City of Cathedral City: City of Palm Desert: Gerald Adams Aftab Dada Peter Freymuth Jill Philbrook Rolf Hoehn -Vice Chair Patricia Breslin David Feltman City of Indian Wells: City of Coachella: City of Rancho Mirage: Todd Burke Ken Hedrick Paul Budilo Gabriel Martin William R. Riesen Jeffrey Clarkson Al G. Jones -Chair City of La Quinta: City of Desert Hot Springs: City of Indio: Kevin J. Corcoran M.Guillermo Suero Kathleen Hughes Jan Pye Jhan Schmitz Palm Springs City Staff Justin Clifton Ulises Aguirre, C.M. City Manager Airport Executive Director AFFIDAVIT OF POSTING I, Ulises Aguirre, Airport Executive Director, City of Palm Springs, California, hereby certify this agenda was posted on Mav 13, 2021, in accordance with established policies and procedures. REPORTS AND INFORMATION ITEM NO. 28 353 354 Palm Springs Airport Commission Report – May 19,2021 Teleconference Meeting Budget and Finance Report – Airport traffic continues to grow stronger with our increased lift out of Palm Springs. April was 70% and May (as of the 19th) was 88% compared to that of the banner year of 2019. This increased travel is higher than other airports as PSP is leisure market driven and not dependent on business travel. Both Alaska and Southwest with their new routes and/or increased service to popular destinations certainly came at a perfect time as consumers are anxious to take vacations and get out of their homes where they have felt quarantined for a year. Currently PSP has the best availability of frequency of flights since 2007. Originally the airport projected it would take 2‐3 years to return to 2019 levels. The consumer still hesitant to take a cruise and a bit fearful of taking an extended driving vacation due to having to use unknown gas station restrooms and fast‐ food restaurants that are not properly sanitized. Thus, flying becomes the easiest option. I flew twice this past month on business to Oakland utilizing the new Southwest service and it could not have been easier. Both airports were clean, passengers maintained social distancing and all wore masks. I would score both airports high marks. When comparing the financial summaries, the commissioners have requested that a column for 2019 is added as that would provide a more accurate benchmark of where the airport is than that of 2020. Overall PSP is doing well. The CARES Act provided by the federal government to all airports is 11 million of which 31.8% or $3,451,322 has been used to date. The airport has 4 years to utilize the balance of this grant. Discussion and Action Report: Committee Chairman Report – Chairman Alison Jones spoke briefly of his international flight experience of flying to Puerto Vallarta from PSP utilizing United Airlines via Denver. There were no issues and the hotel in Mexico organized his COVID test 24 hours before his return. City Manager Report – Justin Clifton announced the potential of relocation of the homeless from the Desert Well to the Boxing Club which is adjacent to the airport with a target date of August 2021. The Boxing Club is larger and could accommodate more homeless people. It is a “drop‐in day care facility” with approximate hours of 10 am to 6 pm and serves 3 meals a day. The Palm Springs City Council is in discussion of building permanent homes for homeless but this could easily take 3 years to come to fruition. The airport commission was adamantly against using the Boxing Club as a “temporary fix”. The concerns were many: loitering on airport property after hours, petty theft, car‐break‐ins, direct contact with airport passengers, some of the homeless not being mentally stable and negative first and last impressions of PSP. The City Manager became flustered at the negative and strong reactions from the commission and reminded us that the City Council is the ultimate decision makers. Justin believes that the police station is close by and would patrol the area and that the homeless has the legal right to utilize public property. The Commission was adamant that “conditions of tenancy with The Well be build into the contract and that The Well be held accountable”. Unfortunately, it appears that The Well was not able to handle the homeless at their past location according to the commissioners that live in Palm Springs. 355 Executive Director Report – Ulises Aguirre reminded the commission that although there was a noticeable increase in airport travel that we still must anticipate a drop to our historic summer profile. Baggage Claim project is right on schedule. The airport website has been updated to include links where consumers can make their complaints about noise levels and will receive responses from the Airport Noise sub‐commission which meets quarterly. Consumers may attend those meetings. Ulises stated his concern that both taxis and Uber/Lyft now have long wait times up to 45 minutes to an hour due to the fact that drivers have not returned to their jobs due financial assistance hindering their need to work and also the higher cost of gasoline. As our weather heats up during the summer months, we need to make passengers aware of these excessive wait times. Once again, a negative impression to landing in PSP. PSP Marketing Plan to Engage Enplanement ‐ PSP Marketing Director Daniel Meier announced Aviatrix Communications was awarded the airport marketing contract. They are based in San Diego and also handle the airports of Oakland, Orange County, San Diego, New Orleans and San Luis Obispo. They start on June 1, 2021 with a contract amount of $39,000. Already meeting in June are planned with American Airlines and Southwest for future plans. Next Airport Commission meeting is scheduled for June 16 at 5:30 pm by Teleconference. Sincerely, Kathleen Hughes 356 POWER POINTS CITY COUNCIL MEETING JUNE 1, 2021 06/01/2021 1 City Council Meeting June 1, 2021 City Council Meeting June 1, 2021 Closed Session In Progress 1 2 06/01/2021 2 Pledge of Allegiance Public Comment - Teleconference Join virtually via Zoom https://zoom.us/j/98207015867 Meeting ID: 982 0701 5867 “Raise Hand” to speak Limit Comments to 3 minutes 3 4 06/01/2021 3 Public Comment - Teleconference Join virtually via Zoom by phone: (669) 900 – 9128 Meeting ID: 982 0701 5867 *9 = Raise Hand *6 = Unmute Limit Comments to 3 minutes Public Comment – Raise Hand 5 6 06/01/2021 4 Public Comment – Raise Hand 7 8 06/01/2021 5 City Council Meeting June 1, 2021 B1 – Fire Services and Ladder Truck Agreements Fire Service Agreement Terms •Effective – July 1, 2021 to June 30, 2024 •Staffing for all three city fire stations •Fire Specialist assigned to La Quinta •Battalion Chief Support •Mutual Aid •Not included – Emergency Management services no longer included in the fire service agreement. •Estimated Cost for FY 2021-22: $6,820,177 9 10 06/01/2021 6 Ladder Truck Agreement Terms •Effective July 1, 2021 to June 30, 2024 •Cities of La Quinta, Indio, Coachella and County of Riverside to share staffing and maintenance cost •Cost allocation: Indio 50%, County of Riverside 25%, La Quinta and Coachella 12.5% •La Quinta’s portion estimated at $229,677 for FY 2021-22 Upcoming Matrix Study Summer 2021 – study session on report Review of operational efficiencies Future Service Levels Future Fire Station Planning 11 12 06/01/2021 7 Questions 13 14 06/01/2021 8 City Council Meeting June 1, 2021 B2 – Third Round Community Services Grants FY2020/21 Community Services Grants •$27,200 remaining grant funds •Recommend funding for all 4 organizations •Future recognition and promotion of the services/programs that have been funded through this grant opportunity. 15 16 06/01/2021 9 Applicant Requested Committee Recommendation Big Brothers Big Sisters of the Desert $5,000 $5,000 Gold RiteCare Childhood Language Center $5,000 $1,500 La Quinta High School Blackhawk Brigade $4,040 $5,000 Warrior One Camp $5,000 $5,000 17 18 06/01/2021 10 City Council Meeting June 1, 2021 B3 – Legislative Policy Guide 2021 Guiding Principles 1. Preserve Local Authority 2. Sustain Fiscal Responsibility 3. Foster Economic Development 4. Promote Health and Wellness 5. Support Public Safety 6. Encourage Preservation of Environment 19 20 06/01/2021 11 2020 In Review Bill/Policy Stance Result SB 50 Planning and Zoning. Housing Development Incentives Oppose (Unless Amended)Died COVID - AB 664 Workers’ compensation: injury: communicable disease Support Died AB 2629 Retail Electric Service: IID Support Stagnant COVID – HR 6467 Coronvirus Community Relief Act Support Repurposed COVID – Living Desert Financial Support Support Repurposed COVID – Lift to Rise Affordable Housing Support Support Active California State University Coachella Valley Campus Location Support Active 2021 Legislation •COVID‐19 recovery legislation •Governor’s Budget •“Building Opportunities for All” Senate Housing Package •Salton Sea related legislation 21 22 06/01/2021 12 City Council Meeting June 1, 2021 B4 – SilverRock Resort 2021/22 Annual Plan 23 24 06/01/2021 13 Fiscal Impact •Operating Expenses $4,313,893 •Operating Revenue $3,845,165 •Net Loss ($468,728) •Additional Non-Golf SilverRock Expenses –Bank Fees $50,000 –Equipment Repairs $10,000 –Repair & Maintenance $25,200 General Fund to Underwrite ($550,000) Annual Plan Assumptions •Impact of COVID and Site Construction –40,296 Rounds = $77.13 ave. Green Fee and $85.43 per round •Minimum Wage Increase Jan. 1, 2022 to $15 per hour –Increase cost approx. $26,000 •Resume 2% into Capital Reserves or approximately $62,000 –Current Capital Reserve Balance of $513,400 •Management Fee increasing back to 2019 level at $119,000 (5%) •Advertising Budget $151,100 •Increases in water, seed and fuel costs of at least $28,000 25 26 06/01/2021 14 Discussion and Questions Thank You 27 28 06/01/2021 15 City Council Meeting June 1, 2021 B5 – Chapter 3.25 STVR Code Update STVR Code Updates •Section 3.25.030 under “Local contact person” amend language to reduce the response time from 45 to 30 min & align with other code sections 29 30 06/01/2021 16 STVR Code Updates •Section 3.25.050, subsection D, & Section 3.25.055, subsection C Add language to: •Clarify types of allowed STVR permit renewals •Streamline renewal processing & tracking, while ensuring compliance & enforcement of STVR program 31 32 06/01/2021 17 City Council Meeting June 1, 2021 S1 – Fiscal Year 2021/22 Preliminary Proposed Budget Discussion Topics •General Fund Update •Special Funds Update •Next Steps in Budget Process 33 34 06/01/2021 18 General Fund Update Special Funds Update Fund Description 2021/22 Proposed 2021/22 Updated Change Fund 201 Gas Tax Fund Revenues 1,879,200$ 1,766,880$ (112,320)$ Expenses 822,800$ 781,100$ (41,700)$ Fund 401 Capital Improvement Fund Revenues 9,936,506$ 9,894,806$ (41,700)$ Expenses 940,816$ 899,116$ (41,700)$ Fund 504 Insurance Fund -$ Expenses 5,000$ 12,500$ 7,500$ Expenses 964,400$ 923,600$ (40,800)$ TOTAL 14,548,722 14,278,002$ (270,720)$ SPECIAL FUNDS UPDATE 35 36 06/01/2021 19 General Fund Summary Revenues 58,804,210$ Less Operating/CIP Expenses (55,147,726) Preliminary Budget Surplus 3,656,484 Less Measure G Reserves (3,578,644) BUDGET SURPLUS 77,840$ GENERAL FUND FY 2021/22 PROPOSED BUDGET SUMMARY FY 2021-22 Proposed Budget Next Steps Anticipated savings for: •Police Services •Fire Service Costs Additional considerations for surplus will be presented to Council on June 15th 37 38 06/01/2021 20 Additional Considerations •Purchase property for Parks & Recreation •Increase Citywide events •Increase contract services for pending contract renewals Discussion & Questions June 2 Financial Advisory Commission - Measure G Sales Tax Use June 9 Housing Commission - Final Review of Housing Budget June 15 City Council – Final Budget Adoption 39 40 06/01/2021 21 City Council Meeting June 1, 2021 S2 – Silverrock Resort Development Update 41 42 06/01/2021 22 SilverRock Development Company LLC City of La Quinta – Council Meeting Update June 1, 2021 Sequence of Activities on Site 43 44 06/01/2021 23 Sequence of Activities Onsite Montage Hotel and Spa Site Watering – April, 2021 ‐Complete Mylars for Precise Grading Plan Approval –May, 2021 – Submitted Pending Approval / Signature Grading & Pad Certification – June, 2021 –In progress Model Room Construction –May to August, 2021 – Permit issuance scheduled for week of June 1st Underground Utilities – June, 2021 –On schedule Building Construction –July, 2021 –On schedule Completion – April, 2023 ‐On schedule Progress Photos –Montage Hotel & Spa 45 46 06/01/2021 24 Progress Photos –Montage Hotel & Spa Sequence of Activities Onsite Montage Residences Final Map Approval – April, 2021 –Approved, re‐approval scheduled June 15th based on timing of documentation Final Map Recordation –July, 2021 –On schedule Site Watering –May, 2021 ‐Completed Mylars for Precise Grading Plan Approval –May, 2021 – Submitted pending signature Grading & Pad Certification – June, 2021 –On schedule Underground Utilities – June to September, 2021 –On schedule pending permit issuance Model Homes Building Construction –July, 2021 –On schedule pending permits Model Homes Completion Phase 1 – August, 2022 –On schedule 47 48 06/01/2021 25 Progress Photos –Montage Residences Progress Photos –Montage Residences 49 50 06/01/2021 26 Sequence of Activities Onsite Conference and Shared Services Building Mylars for Precise Grading Plan –Approved Site Watering – June, 2021 –On Schedule Grading & Pad Certification – August, 2021 –On schedule Building Construction – August, 2021 –On schedule pending permit issuance Completion – April, 2023 –On schedule Sequence of Activities Onsite Golf Clubhouse Mylars for Precise Grading Plan –Approved Site Watering – June, 2021 –On schedule Grading & Pad Certification – August, 2021 –On schedule Building Construction – August, 2021 –On schedule pending permit issuance Completion –September, 2022 –On schedule 51 52 06/01/2021 27 Sequence of Activities Onsite Pendry Residences Final Map Approval –July, 2021 –In process Final Map Recordation –September, 2021 –On schedule Site Watering –July, 2021 Mylars for Precise Grading Plan Approval – August, 2021 Grading & Pad Certification– August, 2021 Underground Utilities –September, 2021 Phase 1 Building Construction – January, 2021 Phase 1 Completion –February, 2022 Sequence of Activities Onsite Pendry Hotel Mylars for Precise Grading Plan –May, 2021 –In process Site Watering – June, 2021 –On schedule Grading & Pad Certification– August, 2021 –On schedule Building Construction – April, 2022 –On schedule Completion – January, 2024 –On schedule 53 54 06/01/2021 28 Thank youThank you 55 56 WRITTEN PUBLIC COMMENT CITY COUNCIL MEETING JUNE 1, 2021 1 From:Cynthia L Appolito Sent:Saturday, May 22, 2021 1:54 PM To:Monika Radeva Cc:City Clerk Mail; Michelle Lopez Subject:Re: COMPLETED: Appolito, Cynthia 2021-05-17 - STVR Moratorium on New Lisences EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. Dear Mayor Evans, My husband and I have been listening to the council meetings carefully, for the last 2 months, specifically regarding STVRs and the moratorium for new licenses. We feel very much in opposition to the majority council members’ comments and votes: allowing only certain HOA exceptions for lifting the moratorium. Home shares like us in “desert club estates” (largely unknown by many) are right on the other side of Washington (from the cove) and we and our guests support old town la quinta businesses! We have been hosting an in law suite and are on property and we have to our knowledge been in good standing with our license since 2016, until the pandemic hit! Missed the 4 day renewal because we felt we could not safely host since we learned about it’s airborne transmission. We later learned our AC has a cdc type airscrubber and uV light! By the time I got an answer from the city I was told I had to sign up for a new STVR license and there was a moritorium. To be lifted on feb of 2021. It’s now close to June. No replies to my letter for home share exception, no reply or even an email back about my comments. The cove and desert club should not be excluded when HOAs are going to have the moratorium lifted! It is discriminatory! We ARE a tourist area supporting old town businesses! Why are we excluded via the zoning! HOAs only support their own Food and Bev and golf! We in Desert club Estates support silver rock and old town! We are on property 100% of the time! We have been residents since 2006! My husband and I feel unheard and excluded. I hear only certain HOAs will have the moratorium lifted, home shares or owners who live on property 100% of the time are not being addressed. Why can I not get an exception? Even though the home share might be a small percentage of STVRs , Shouldn't we deserve attention? When HOAS do? We believe it is discriminatory. Respectfully, Cynthia (and Tony) Appolito Sent from my iPhone CITY COUNCIL MEETING - JUNE 1, 2021 - WRITTEN PUBLIC COMMENT BY RESIDENT CYNTHIA APPOLITO PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - SUPPORTS STVRS & LIFTING THE MORATORIUM ON NEW STVR PERMITS 1 From:Josh Eldridge Sent:Wednesday, May 19, 2021 4:32 PM To:City Clerk Mail; Monika Radeva Subject:Re: Written Comments Follow Up Flag:Follow up Flag Status:Completed EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. Correction, we purchased the house in Dec of 2020 not 2019. On Wed, May 19, 2021 at 4:12 PM Josh Eldridge wrote: 1. Josh Eldridge 2. La Quinta 3. 4. Public Comment 5. STVR policy 6. Written Comments I am greatly disappointed to learn that no new STVR permits will be issued by the City of La Quinta until further notice. My wife and I purchased a house at in December of 2019 and spent the next few months refurbishing it for the purpose of renting on a short‐term basis. We were aware of the moratorium at the time and considered the purchase an acceptable risk. As the travel risk from COVID subsided we assumed the permit process would resume but watched in dismay as the release dates kept getting extended. Data shows that the infection and death rates have fallen dramatically influencing the President of the United States and Governor of California to slowly lift mandates. It would seem appropriate for the City of La Quinta to do the same. We pay our property taxes and had planned on giving 10% of our rental gross to the city. We are law abiding citizens who would hold our guests to the highest standards. I do not understand why the City continues to delay and would like an answer. Thank you, Josh Eldridge CITY COUNCIL MEETING - JUNE 1, 2021 - WRITTEN PUBLIC COMMENT BY RESIDENT JOSH ELDRIDGE PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - SUPPORTS STVRS & LIFTING THE MORATORIUM ON NEW STVR PERMITS HAND OUTS CITY COUNCIL MEETING JUNE 1, 2021 Coral Mountain Surf Park Water Concerns June 1, 2021 Alena Callimanis La Quinta, CA 92253 Bachelor of Science Physics Rensselaer Polytechnic Institute Masters Degree Physics Stony Brook University Concerned La Quinta Full Time Resident CITY COUNCIL MEETING - JUNE 1, 2021 - VERBAL PUBLIC COMMENTS BY RESIDENT ALENA CALLIMANIS PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - REGARDING THE WAVE PROJECT (CORAL MOUNTAIN SURF PARK WATER CONCERN) HAND-OUTS Drought Monitor for California •CVWD Water Assessment was done for this project in 2019 •Just two years later, La Quinta is now in the Severe Drought category •We will soon be in Extreme Drought conditions CITY COUNCIL MEETING - JUNE 1, 2021 - VERBAL PUBLIC COMMENTS BY RESIDENT ALENA CALLIMANIS PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - REGARDING THE WAVE PROJECT (CORAL MOUNTAIN SURF PARK WATER CONCERN) HAND-OUTS Kelly Slater Surf Ranch Lemoore California •Existing bodies of water –originally an abandoned water skiing park CITY COUNCIL MEETING - JUNE 1, 2021 - VERBAL PUBLIC COMMENTS BY RESIDENT ALENA CALLIMANIS PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - REGARDING THE WAVE PROJECT (CORAL MOUNTAIN SURF PARK WATER CONCERN) HAND-OUTS WADI Adventure in the Desert in United Arab Emirates •WADI Surf pool is 2.8 million gallons; with rafting & kayaking total water is 5.9 million gallons; 1/3 the size of our proposed 18 million gallon surfing pool, which is 13 football fields filled with 3 to 6 feet of our drinking water •A 134 mile pipeline brings 1 million gallons a week of desalinated water to WADI •They are not using an underground aquifer drinking water supply CITY COUNCIL MEETING - JUNE 1, 2021 - VERBAL PUBLIC COMMENTS BY RESIDENT ALENA CALLIMANIS PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - REGARDING THE WAVE PROJECT (CORAL MOUNTAIN SURF PARK WATER CONCERN) HAND-OUTS CITY COUNCIL MEETING - JUNE 1, 2021 - VERBAL PUBLIC COMMENTS BY RESIDENT ALENA CALLIMANIS PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - REGARDING THE WAVE PROJECT (CORAL MOUNTAIN SURF PARK WATER CONCERN) HAND-OUTS Are we really in a positive trend •Since 2010, we have had 3 good replenishment years, four drought years and three good but trending down years, and finally the start of another down cycle •Since 1987 we had 24 down years and 9 up years CITY COUNCIL MEETING - JUNE 1, 2021 - VERBAL PUBLIC COMMENTS BY RESIDENT ALENA CALLIMANIS PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - REGARDING THE WAVE PROJECT (CORAL MOUNTAIN SURF PARK WATER CONCERN) HAND-OUTS The Colorado River Supplies our Aquifer CITY COUNCIL MEETING - JUNE 1, 2021 - VERBAL PUBLIC COMMENTS BY RESIDENT ALENA CALLIMANIS PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - REGARDING THE WAVE PROJECT (CORAL MOUNTAIN SURF PARK WATER CONCERN) HAND-OUTS Golf Courses can reduce water, stop watering and use recycled water -Surf parks cannot “There’s still a public perception that golf consumes too much water, but we’re doing a lot better than you might think,” said Craig Kessler, Southern California Golf Association’s director of governmental affairs. “The reality is that less than 1 percent of the potable water in California is consumed by the golf industry.” CITY COUNCIL MEETING - JUNE 1, 2021 - VERBAL PUBLIC COMMENTS BY RESIDENT ALENA CALLIMANIS PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - REGARDING THE WAVE PROJECT (CORAL MOUNTAIN SURF PARK WATER CONCERN) HAND-OUTS What will be the perception of La Quinta that in the middle of a drought, City Leaders chose tax revenue over preservation of our drinking water? Is La Quinta ignoring California’s extreme drought situation and all the people who are diligently conserving every day? CITY COUNCIL MEETING - JUNE 1, 2021 - VERBAL PUBLIC COMMENTS BY RESIDENT ALENA CALLIMANIS PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - REGARDING THE WAVE PROJECT (CORAL MOUNTAIN SURF PARK WATER CONCERN) HAND-OUTS